Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION

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

Vol. 151 WASHINGTON, WEDNESDAY, NOVEMBER 2, 2005 No. 143 House of Representatives The House met at 2 p.m. MESSAGE FROM THE SENATE have three grown daughters and seven The Reverend Bruce Bigelow, Pastor, A message from the Senate by Ms. grandchildren, all who reside in Indi- Lake Hills Baptist Church, Scherer- Curtis, one of its clerks, announced ana. ville, Indiana, offered the following that the Senate has passed a concur- Let us hope the words of his inspiring prayer: rent resolution of the following title in prayer will remain with us and his Our Lord, we come before Thee and which the concurrence of the House is dedication to the ministry will always we gather together to do business, to requested: be appreciated. do business for this Nation and for Thee. We have sought to follow Thee. S. Con. Res. 56. Concurrent resolution ex- f pressing appreciation for the contribution of You have said feed the hungry, and we Chinese art and culture and recognizing the EMINENT DOMAIN have fed the hungry. You have said Festival of China at the Kennedy Center. give drink to those that are thirsty, (Ms. FOXX asked and was given per- f and we have given drink. We have mission to address the House for 1 blessed others abundantly because You WELCOMING THE REVEREND minute.) have blessed us as a Nation in great BRUCE BIGELOW Ms. FOXX. Mr. Speaker, last June, in abundance. You have blessed us beyond (Mr. VISCLOSKY asked and was a 5 to 4 decision, the Supreme Court that which we deserve, and we thank given permission to address the House ruled that the government may force You for Your graciousness and Your for 1 minute.) property owners to sell their property mercy to us. Mr. VISCLOSKY. Mr. Speaker, it is to make way for private economic de- I pray that You will bless the men my privilege to introduce our guest velopment when officials deem it bene- and women of this Congress as they chaplain, Reverend Bruce Bigelow, pas- ficial to the public. With that decision, gather together and wrestle with the tor of the Lake Hills Baptist Church in Susette Kelo and 15 of her neighbors issues of the day. May You help us as a Schererville, Indiana. lost their fight to hold on to their Nation to turn from selfishness and Reverend Bigelow was born on the homes. One neighbor forced to sell her help us to show graciousness and love South Side of Chicago and was raised home was born there in 1918 and lived and kindness, ministering to those in Gary, Indiana. Reverend Bigelow in the house her entire life. around us and meeting their needs. began his life of service in 1967. For the The properties Kelo and her neigh- Bless this Congress as they act this past 32 years, he has served as the sen- bors are being forced to abandon will day. May You lead them and bless ior pastor of the Lake Hills Baptist not be a replaced with a needed road or them. In Jesus’ name I pray it. Amen. Church and will be retiring this coming school but with upscale housing and a f April. marina. The sanctity of private property is THE JOURNAL In his time as pastor, Lake Hills Bap- tist Church has grown from less than one that Americans hold dear, and this The SPEAKER. The Chair has exam- 100 members to over 450 today. The Supreme Court decision threatens that. ined the Journal of the last day’s pro- church now includes a modern family This House has appropriately re- ceedings and announces to the House life center. In addition, it joyfully sponded by offering the Protection of his approval thereof. gives 30 percent of all donations it re- Homes, Small Businesses, and Private Pursuant to clause 1, rule I, the Jour- ceives to help support missionary Property Act of 2005 which would pro- nal stands approved. projects in the community and around tect property by limiting the power of f the world. The congregation also pro- eminent domain. PLEDGE OF ALLEGIANCE vides practical help to children, teen- Mr. Speaker, the fifth amendment to The SPEAKER. Will the gentleman age and college age youths, young the Constitution prohibits the govern- mothers, and senior adults. Through ment taking private property except from Indiana (Mr. VISCLOSKY) come forward and lead the House in the his actions and those of the members of for public use. The protection of our Pledge of Allegiance. the church, Reverend Bigelow has homes, small business, and other pri- Mr. VISCLOSKY led the Pledge of Al- brightened and made meaningful so vate property rights against govern- legiance as follows: many lives. ment seizure is one of the fundamental I pledge allegiance to the Flag of the Throughout his time in the ministry, principles this country was founded United States of America, and to the Repub- Reverend Bigelow has been supported upon. If the highest court in the land lic for which it stands, one nation under God, by his wife Janice, his dear wife of 40 will not protect this right, it is up to indivisible, with liberty and justice for all. years, who has joined him today. They us to do so.

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

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VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.000 H02NOPT1 H9476 CONGRESSIONAL RECORD — HOUSE November 2, 2005 EMINENT DOMAIN amendment in the defense appropria- leagues to vote against these cuts and (Mr. RYUN of Kansas asked and was tions bill. instead make sure every student in the given permission to address the House f country has access to affordable college opportunities. for 1 minute and to revise and extend BEHEADINGS IN INDONESIA his remarks.) f (Mr. PITTS asked and was given per- Mr. RYUN of Kansas. Mr. Speaker, mission to address the House for 1 EMINENT DOMAIN the House will vote this week on H.R. minute.) 4128, the Property Protection Act, to (Mr. DOOLITTLE asked and was Mr. PITTS. Mr. Speaker, I rise today secure all Americans’ rights to what given permission to address the House to share the outrage of the people of they have earned. On June 23 of this for 1 minute.) Indonesia with my colleagues regard- year, the Supreme Court ruled 5 to 4 in Mr. DOOLITTLE. Mr. Speaker, ev- ing a case of horror that occurred this the decision of Kelo v. City of New eryone remembers the schoolyard bully past weekend. London that economic development who pushed the smaller kids around While walking to school on the morn- can be a public use under the fifth and took their lunch money just being of Saturday, October 29, in Central amendment’s taking clause. cause he was bigger and stronger. Bul- Sulawesi, three teenage girls were at- The public reaction to this decision lying wasn’t okay in elementary school tacked by Islamic extremists. The was both swift and decisive. In Kansas, and it isn’t okay now, especially when attackers murdered the young ladies people are outraged. In a polling con- it comes in the form of a U.S. Supreme by hacking them with machetes and ducted by the Wall Street Journal, 11 Court decision. eventually severing their heads from out of 12 Americans said they oppose In Kelo v. City of New London, the their bodies. the taking of private property, even if Supreme Court empowered the govern- Why this attack? They had done it is for public economic good. ment to seize private property, includ- nothing wrong. They were simply teen- H.R. 4128 would prohibit the Federal ing someone’s own home or place of age girls walking to school. Government from taking personal worship, and transfer it to another pri- As this horrible tragedy affirms, the vate owner as long as the transfer property, private property for eco- Indonesian government must crack nomic development purposes. The bill would provide an economic benefit to down strongly and firmly on these bar- the community. Simply put, the Su- would also deny States and localities baric extremists in Indonesia. Other- from receiving any Federal economic preme Court has given government the wise, these terrifying events will con- broad power to seize private property development funds if they abuse their tinue. eminent domain power. H.R. 4128 would for any use, so long as it generates tax Photos are too graphic to show, but revenue. negate this unfortunate ruling and re- they show a young girl wearing a Prin- store Americans’ constitutional right Tomorrow, the House will take up cess Diaries t-shirt who will never H.R. 4128, the Private Property Rights to be secure in the property that they again have the chance to dream like have worked hard to obtain. I urge the Protection Act, in an attempt to pre- many little girls do of being a princess. vent the abuses the Court has allowed House to stand with me and protect Extremists have robbed her of her private property rights. by its decision in the Kelo case. The dream. bill prohibits States and localities f I urge the Indonesian government to from receiving any Federal economic spare no resource in rooting out these MCCAIN AMENDMENT TO DEFENSE development funds if these entities extremist perpetrators and other APPROPRIATIONS BILL abuse their power of eminent domain. human rights violators from Indo- This action is an appropriate use of (Mr. MORAN of Virginia asked and nesian society. Congress’ spending power and will pre- was given permission to address the f vent homeowners, churches, and small House for 1 minute.) businesses from being forced to give up Mr. MORAN of Virginia. Mr. Speak- BUDGET CUTS IMPACT LATINO their private property simply because er, I rise today in strong support for in- EDUCATION it is not generating the maximum pos- structing conferees on this year’s de- (Ms. SOLIS asked and was given per- sible tax revenue. fense appropriations bill to include the mission to address the House for 1 amendment by our colleague in the minute.) f Senate, JOHN MCCAIN. This provision Ms. SOLIS. Mr. Speaker, I rise today b 1415 would simply provide for uniform in opposition to the Republican pro- standards for the interrogation of per- posal to cut $14 billion from Federal BLAMING WRONG PEOPLE FOR sons under the detention of the Defense student aid programs. Education is the EMINENT DOMAIN DECISION Department and a prohibition on cruel, key to opportunity for all who live in (Mr. FRANK of Massachusetts asked inhumane, or degrading treatment or America. This is particularly true for and was given permission to address punishment of persons under custody Latino students. the House for 1 minute and to revise or control of the U.S. government. Latino students currently represent and extend his remarks.) Mr. Speaker, in the wake of the scru- 44 percent, or 2.7 million, of Califor- Mr. FRANK of Massachusetts. Mr. tiny and embarrassment that our Na- nia’s students enrolled in elementary Speaker, I agree with the previous tion has endured following the treat- and secondary schools. Yet more than speaker and many of the other Repub- ment of detainees at Abu Ghraib and 61 percent do not graduate and only 39 lican speakers that the recent decision Guantanamo Bay, it is imperative that percent of those Latino students in LA allowing eminent domain for private we proclaim to the rest of the world receive a high school diploma. economic gain was a bad one. But my that this policy defined by this amend- Latinos only represent 12 percent of colleagues on the other side of the aisle ment does in fact reflect the law of the all undergraduates who attend colleges are blaming some of the wrong people. land and the conscience of our country. and universities. For many low-income The Supreme Court was not the au- Providing our soldiers with clear writ- working-class students, financial bar- thor of this policy. What the United ten guidance on how to treat detainees riers are the determining factor in States Supreme Court did in the Kelo not only protects their interests but whether or not they go to college. case was to allow elected officials at underscores the freedoms and the val- Instead of helping to allow our stu- the State and local level to go forward ues we cherish as Americans and that dents to achieve greater access to high- with what they wanted. In other words, we claim to be the very reason we have er education, the college gap is wid- the complaint of my Republican col- gone to war in Iraq, Afghanistan, and ening. Republicans propose a budget leagues about the Supreme Court in other parts of the world. that will make the largest cut to stu- this case is, where was judicial activ- Today, as a Congress, we must re- dent aid programs in history and will ism when we needed it? spect and honor our Nation and those force the typical student borrower to They are denouncing the Supreme that risk their lives to serve it, and we pay an additional $5,800 for his or her Court because it did not overturn the can do that by supporting the McCain college student loans. I urge my col- decision of locally elected officials. I

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.002 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9477 happen to agree in this specific case. was supposed to examine why this Mr. STEARNS. Mr. Speaker, the re- But try to square that with their rhet- faulty intelligence was presented to cent release of a report from the Inde- oric in which they are talking about the world as a slam-dunk. pendent Inquiry Committee into the activist judges and unelected officials. It has now been exactly 1 year since U.N. Oil-for-Food Program, also known What they are implicitly acknowl- the investigation was scheduled to as the Volcker Committee, has once edging here is that there are times begin, and the Senate Republicans have again brought the issue of U.N. mis- when they very much want unelected refused to move forward. What are they management to the forefront. and lifetime-appointed judges to over- afraid of? According to the Volcker Committee, turn what local officials did, because Fed up with Republican stall tactics, $1.8 billion in kickbacks and elicit sur- the case here of eminent domain is a the Senate minority leader, HARRY charges were paid to Saddam Hussein’s case not of the Supreme Court taking REID, moved for the Senate to go into government by nearly 2,200 different anything aggressive. As I said before, a rare closed-door session to demand companies in widespread abuse of the the Supreme Court does not use emi- the investigation proceed. Thanks to Oil-for-Food Program. As we can see, nent domain. That building across the Nevada’s Senator HARRY REID, the Sen- the Oil-for-Food Program lacked prop- street has not gotten one inch bigger ate Republicans were shamed into reer accountability and oversight, and since I got here. What the Supreme starting this investigation. Let us hope thus caused massive fraud and abuse. Court did was to allow the local offi- it now moves forward so the American Unfortunately, this lack of account- cials’ decision to stand. That is the people can finally determine if the ability and oversight is nothing new at kind of lack of activism that my Re- Bush administration knowingly misled the United Nations. As the largest U.N. publican colleagues deplore. this country into war. donor, the U.S. has the responsibility f Mr. Speaker, the indictment of to ensure that the dollars of the Amer- Scooter Libby shows that the Bush ad- ican taxpayers are not being wasted. REPUBLICAN POLICIES PROVIDE ministration was willing to go to any Until such accounting reforms are ECONOMIC SUCCESS length possible to silence its critics made, no United States money should (Mr. WILSON of South Carolina and cover up the intelligence that con- be sent to the U.N. Only after such re- asked and was given permission to ad- tradicted its claims for the war in Iraq. forms are enacted will the United Na- dress the House for 1 minute and to re- f tions begin its return to relevancy. vise and extend his remarks.) f Mr. WILSON of South Carolina. Mr. CHECK ON SUPREME COURT Speaker, in October, our office at- DECISION PUSHING FOR SAFER CYCLING tended numerous ribbon-cutting cere- (Mr. PRICE of Georgia asked and was CONDITIONS IN MEMORY OF monies at new businesses in the second given permission to address the House JEANNE MENARD district of South Carolina. These excit- for 1 minute and to revise and extend (Mr. INGLIS of South Carolina asked ing events demonstrate economic his remarks.) and was given permission to address growth in our community. Mr. PRICE of Georgia. Mr. Speaker, the House for 1 minute and to revise President Bush and House Repub- Thomas Jefferson said that ‘‘the true and extend his remarks.) licans are dedicated to decreasing foundation of republican government is Mr. INGLIS of South Carolina. Mr. taxes and eliminating government reg- the equal right of every citizen in his Speaker, the bicycling community in ulations, and we continue to witness person and property,’’ and the fifth Greenville, South Carolina, and my positive results from these economic amendment to the Constitution states own office had a tragic loss this week. policies. Last Friday, the Commerce ‘‘nor shall private property be taken Jeanne Menard was a bicyclist and an Department reported that the economy for public use without just compensa- enthusiast in Greenville who was grew 3.8 percent in the third quarter, tion.’’ struck and killed by a car. Maybe it exceeding analysts’ expectations. Thanks to a recent Supreme Court was the fact that the sun was low in Americans entrepreneurs have created ruling on eminent domain, the fifth the sky, maybe it was a dirty wind- more than 4.2 million new jobs over the amendment has been vastly expanded shield, maybe it was inattention, last 28 months. Homeownership is the so that it now means ‘‘for the bottom maybe it was all of those things. In any highest level in history. Today’s unem- line.’’ Public use has been redefined to event, somebody who had given her ployment rate is 5.1 percent, which is say simply that tax revenues are more time very recently to distributing hel- lower than the average rate of the last important than neighborhoods. mets to school children in one of our 3 decades. The Founding Fathers did not mean parks was killed in our town. As American families continue to ‘‘public use’’ to be defined as potential As a society, we want to promote a profit from the Bush tax cuts, I am future economic development to in- healthier lifestyle. We want people to confident the economy will grow larger crease tax revenues. Private property ride bikes in order to relieve conges- and new small businesses will continue rights of our citizens are now com- tion on our streets, in order to make to pop up in communities throughout peting with tax revenue and private de- them healthier and just to have some our country. velopments. The Constitution is meant fun. In conclusion, God bless our troops, to protect the rights of our citizens, The problem is that we are not all at- and we will never forget September 11. not compete with the bottom line, and tentive to those bikes. In South Caro- f certainly not to provide the govern- lina, there were 21 bicyclists killed in ment with an excuse to seize our prop- 2004; so far this year, 10. Nationwide, NEED FOR INTELLIGENCE AN- erty. 600 bicyclists have been killed yearly SWERS IN LIGHT OF LAST Our system only works with appro- in crashes with automobiles. WEEK’S INDICTMENT priate checks and balances, and this I applaud groups like the League of (Ms. BERKLEY asked and was given week Congress should exercise its American Bicyclists, the Palmetto Cy- permission to address the House for 1 check on a wayward Supreme Court de- cling Coalition, the Spartanburg Free- minute and to revise and extend her re- cision and pass legislation that will wheelers and the Greenville Spinners, marks.) demonstrate that increasing tax reve- of which Jeanne Menard was a part, in Ms. BERKLEY. Mr. Speaker, the nues should not trample the rights of their efforts to promote bike safety; American people deserve to know if the private property owners. and I hope that all of us will take the Bush administration hyped faulty in- f opportunity to spread the word in our telligence to win approval to go to war own districts. THE VOLCKER COMMITTEE in Iraq. This Republican-led House re- f fuses to even explore these issues. At REPORT least the Senate conducted an inves- (Mr. STEARNS asked and was given ANNOUNCEMENT BY THE SPEAKER tigation last year. It concluded the in- permission to address the House for 1 PRO TEMPORE telligence was suspicious and outdated. minute and to revise and extend his re- The SPEAKER pro tempore (Mr. The second part of that investigation marks.) PUTNAM). Pursuant to clause 8 of rule

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.004 H02NOPT1 H9478 CONGRESSIONAL RECORD — HOUSE November 2, 2005 XX, the Chair will postpone further The Internet has also generated a media. Unlike television and radio, ac- proceedings today on motions to sus- more widespread flow of news informa- tivists do not require large sums of pend the rules on which a recorded vote tion through not only mainstream money to post their message on the or the yeas and nays are ordered, or on media sources but also independent Internet. Also, the number of people which the vote is objected to under Web sites and blogs. Most importantly, reached and the success of communica- clause 6 of rule XX. it has created a completely new oppor- tion are not directly linked to the Record votes on postponed questions tunity for all citizens to exercise their amount of money that is spent. will be taken later today. right to free speech by opining on the In addition, the Internet is not an invasive medium. In other words, the f most important issues of the day as they see them, as the citizens see recipients of communication are ex- ONLINE FREEDOM OF SPEECH ACT them. posed to the communication only after Mrs. MILLER of Michigan. Mr. Unfortunately, Mr. Speaker, all of they take deliberate and affirmative Speaker, I move to suspend the rules this activity is actually under attack steps to find a particular Web site. Fur- and pass the bill (H.R. 1606) to amend today. When Congress passed the Bi- ther, the Internet has generated a the Federal Election Campaign Act of partisan Campaign Finance Reform surge in grassroots involvement in the 1971 to exclude communications over Act in 2002, the law apparently was un- political process. Mr. Speaker, historically, Congress the Internet from the definition of pub- clear on what impact it would have on has regulated political speech only lic communication. political speech on the Internet. The where it has the potential to cause cor- The Clerk read as follows: Federal Election Commission interruption or the appearance of corrup- preted the law to say that Congress did H.R. 1606 tion. There has been no demonstration not intend to regulate the Internet Be it enacted by the Senate and House of Rep- that the growth of the Internet has had when it passed BCRA. The bill’s spon- resentatives of the United States of America in a corrupting influence on politics. Congress assembled, sors disagreed, and they sued the FEC There is, however, ample evidence that SECTION 1. SHORT TITLE. in the courts. the Internet has had a positive effect A recent appellate court decision will This Act may be cited as the ‘‘Online Free- on our political system by encouraging dom of Speech Act’’. force the FEC to implement a rule that young people, a whole new generation SEC. 2. MODIFICATION OF DEFINITION OF PUB- would cover Internet communications. of people, to get involved in our polit- LIC COMMUNICATION. If the Congress does not act now and ical process. Paragraph (22) of section 301 of the Federal make it clear that it does not want the Election Campaign Act of 1971 (2 U.S.C. Internet to be regulated, the FEC will b 1430 431(22)) is amended by adding at the end the adopt a new rule to regulate the Inter- Any Internet regulations would be following new sentence: ‘‘Such term shall not include communications over the Inter- net; and by passing H.R. 1606, also complicated and difficult for a lay per- net.’’. known as the Online Freedom of son to understand. Bloggers and other Speech Act, Congress can prevent this online activists should not have to The SPEAKER pro tempore. Pursu- from happening. worry about accidentally running afoul ant to the rule, the gentlewoman from H.R. 1606, introduced by the gen- of campaign finance laws when they Michigan (Mrs. MILLER) and the gentle- tleman from Texas (Mr. HENSARLING), are expressing their own opinions on woman from California (Ms. ZOE amends the Federal Election Campaign the Internet. LOFGREN) each will control 20 minutes. Act of 1971 to exclude Internet commu- Regulatory proponents claim regula- Mr. MEEHAN. Mr. Speaker, I seek to nications from the definition of ‘‘public tions are necessary to reduce the influ- manage the time allocated for the op- communication,’’ thus exempting Web ence of wealthy interests. In fact, Mr. position to the motion. sites, blogs, and online advertisements Speaker, these complex regulations, if The SPEAKER pro tempore. Does the from Federal Elections Commission, enacted, would actually increase the gentlewoman from California support FEC, regulation. influence of big money and politics, be- the motion offered by the gentlewoman This bill has very, very strong bipar- cause then only the wealthy could af- from Michigan? tisan support. In testimony before the ford to hire election attorneys to be Ms. ZOE LOFGREN of California. I FEC and before the Committee on certain that they were abiding by these do. House Administration, both liberal and very complicated regulations. The SPEAKER pro tempore. The gen- conservative bloggers expressed their The Committee on House Adminis- tleman from Massachusetts will con- support for this exemption. Senate mi- tration, under Chairman NEY’s leader- trol the 20 minutes reserved for the op- ship, had a hearing on this topic back nority leader REID has introduced a last September; and, at that hearing, position. companion bill in the U.S. Senate and several Members of Congress and of the The Chair recognizes the gentle- written to the FEC to express his belief committee, including myself, actually woman from Michigan (Mrs. MILLER). that the Internet should not be regu- suggested that the Congress needed to GENERAL LEAVE lated. step into this process to clarify Con- Mrs. MILLER of Michigan. Mr. The regulations proposed by the FEC gress’ intent on this issue instead of Speaker, I ask unanimous consent that could limit the ability of online activ- leaving it up to Federal agencies and all Members may have 5 legislative ists to talk to campaigns, to give dis- days within which to revise and extend the court system. counts on advertisements, to spend Congress began this discussion by their remarks and include extraneous money maintaining their site, to link passing BCRA. By debating and voting material on H.R. 1606. to candidates’ sites, to advocate the on this bill today, the House will clar- The SPEAKER pro tempore. Is there election of a candidate, or to send po- ify once and for all its intent on this objection to the request of the gentle- litical e-mails. issue. woman from Michigan? The FEC would potentially grant Mr. Speaker, I reserve the balance of There was no objection. some bloggers and online publications my time. Mrs. MILLER of Michigan. Mr. what is known as the ‘‘media exemp- Mr. MEEHAN. Mr. Speaker, I yield Speaker, I yield myself such time as I tion,’’ which would allow these myself such time as I may consume. may consume. bloggers to operate free of FEC regula- Mr. Speaker, I rise today in opposi- Mr. Speaker, the advent of the Inter- tion like any standard newspaper or tion to House bill 1606. This legislation, net Age has brought about a host of news program. However, the rules were under the guise of protecting bloggers, new ways for citizens to participate in very unclear about how the FEC would actually undercuts the progress made the political arena. Web sites, e-mail, determine who qualified for the exemp- by the Bipartisan Campaign Reform and blogging have provided new ave- tion. Potentially, the FEC’s rulings Act and reopens the floodgates of cor- nues for political activists to reach out could become content-based restric- rupting soft money in Federal elec- to potential voters, to raise issue tions on speech and on free speech. tions. awareness, to solicit contributions, and As we consider this legislation, Mr. I also rise in opposition to this legis- to mobilize the get-out-the-vote ef- Speaker, we must remember that the lation being considered on the suspen- forts. Internet is not like traditional forms of sion calendar when it is so clearly a

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.006 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9479 controversial matter on which there campaign with a massive online cam- present, would not blow open the same has never been a committee markup paign ad buy. gaping loophole for paid advertising. for members to offer amendments and, This is no minor affair. This is a Unfortunately, because the leader- under the rules, we cannot offer major unraveling of the law. ship has chosen to bring this up under amendments here today. As Senators MCCAIN and FEINGOLD a suspension of the rules, we are unable The debate today is about what is the have made clear, this is not free to offer our substitute. The suspension best way to approach coordinated ex- speech, this is paid speech, politically calendar is for naming post offices and penditures that are campaign-related paid for with unlimited corporate and other noncontroversial matters. It is on the Internet. We all understand that union contributions. not a place to create new loopholes in the Internet is a wonderful tool for po- It is important to note that the bill the campaign finance laws. Limiting litical activity. Its accessibility and under consideration today uses the the democratic process and stifling the generally low cost are invigorating to exact same language that the FEC debate is an unacceptable way to un- the body politic. I belong to tried and that a Federal court struck dertake such an important matter of moveon.org. I read my e-mails every down. The judge in that case, Colleen public policy. It is wrong to do so. It is time they are up. But, by the same Kollar-Kottelly, wrote that the provi- unfair. It is an abuse of power. token, its increased usage by can- sions would ‘‘permit rampant cir- So why are we rushing through this didates and parties and the increased cumvention of the campaign finance suspension? I urge my colleagues to op- resources being put into this tech- laws and foster corruption.’’ She went pose this suspension so that we might nology for campaign advertising sug- on to say that the provision would ‘‘se- be able to have a full debate, including gest that we need to be cautious about verely undermine’’ the campaign fi- consideration of the Shays-Meehan al- attempts to exempt all Internet activ- nance law. Her rulings have gone be- ternative bill to protect bloggers, with- ity from Federal campaign finance fore the D.C. Court of Appeals twice, out creating new avenues for corrup- laws. and they have been upheld. tion. Let me say a couple of words about Just days ago, a CNN poll found that Mr. Speaker, I reserve the balance of bloggers, because bloggers have gen- the American people believe that cor- my time. erated and received a lot of attention ruption in government is the second Mrs. MILLER of Michigan. Mr. here. No one wants to regulate most important issue facing this Na- Speaker, I yield myself 15 seconds to bloggers, not the campaign finance re- tion after the economy. The American respond to my distinguished colleague formers, not the Democrats, not the people are tired of the scandals. from Massachusetts who referenced Republicans, not the Federal Election We are considering today a bill that three editorial boards. Commission. That is clear. The ques- flies in the face of public concerns I think it is important to note that tion is whether to exempt individual about corruption and is likely to create these editorial boards are nothing more speech, as I have proposed, or create new corruption and new scandals. The than paid scribes. They literally make blanket exemptions for entities as var- bill that we are considering will also their living by using the first amend- ied as labor unions and major corpora- allow political parties to use soft ment. But everyone knows that the tions who make soft money contribu- money to pay for Internet ads bashing Internet has negatively affected the tions at the behest of candidates, on candidates. cash flow of the institutional print behalf of candidates, and at the direc- Experience teaches us that profes- media. It is the height of hypocrisy for tion of candidates. sionals who are political will find ways the print media to use their right to That is why The New York Times to exploit any perceived loopholes. For free speech to opine against their com- editorialized yesterday in opposition to example, the national party soft- petition on the Internet. H.R. 1606, and they argued that the bill money loophole started as a minor blip Mr. Speaker, I yield 6 minutes to the uses freedom of speech as a fig leaf. in the 1980s and exploded into a half a distinguished gentleman from Texas The issue here is not individual billion-dollar binge by the 2000 cycle. (Mr. HENSARLING). speech. The issue is corrupting soft Corporations and billionaires will be Mr. HENSARLING. Mr. Speaker, I money. The primary constitutional enabled to pay for Internet-related ex- thank the gentlewoman for yielding me basis for campaign finance regulation penses of requesting candidates or re- this time. is preventing corruption or the appear- questing parties, and the public will I rise in strong support of H.R. 1606, ance of corruption of candidates or of- not have a clue where this money the Online Freedom of Speech Act. ficeholders. Creating a new way for comes from, because virtually all they My bill is a simple one. It is only one Members of Congress or the Cabinet to will see is the Internet advertising de- sentence long. It achieves one goal, but solicit and then coordinate or control signed and created by candidates. that goal is a worthy one: the protec- unlimited amounts of soft money is That is one of the reasons why this tion of free speech on the Internet. precisely the scenario campaign fi- bill is opposed by Common Cause, op- Without this legislation, I fear that nance reform banned. posed by Public Citizen, opposed by the cold, callous, and clumsy hand of We are talking about legislators. For U.S. PIRG, opposed by Democracy 21, Federal regulation may stifle political example, let us say we had a prescrip- and opposed by the League of Women speech in cyberspace. Recently, we tion drug bill that was written by the Voters. That is why The Washington know the Federal judiciary ruled that, pharmaceutical industry. This Con- Post editorialized this week that this absent our congressional action, the gress could pass that bill in the middle would be carving a huge cyber-loophole FEC must regulate this form of speech, of the night, and then Members of Con- in the soft money ban. That is why The even though the FEC clearly does not gress who passed the bill could actually New York Times said yesterday, want to. The newest battlefield in the ask those same pharmaceutical inter- ‘‘make no mistake about it. This bill is fight to protect the first amendment is ests to write six-figure checks for cam- to protect political bagmen, not the Internet. Today, the Internet is paign ads for them to appear on the bloggers.’’ free from FEC regulation. Clearly, it Internet. In protecting bloggers, we need to ap- should remain that way. But let me give another example. proach this the right way, and this bill The Internet is a marketplace of What could happen is you could have is the wrong way. ideas that welcomes all participants on an energy bill, provisions of which were I have introduced a bill with the gen- equal footing. It is extremely cheap. In written by the oil and gas industry. Let tleman from Connecticut (Mr. SHAYS) fact, if one has access to the Internet us say a company like Exxon, as a re- called the Internet Anti-Corruption at home or a public library, it can be sult of it, had the highest profits they and Free Speech Protection Act of 2005. free, absolutely free. A Web site’s suc- have ever had, record profits because of Under this legislation, communica- cess is driven by the quality of its con- gasoline prices going out of control. tions over the Internet by individuals tent, not the quantity of funds that are The same people who advocated for on their own Web sites would be treat- poured into it. It is one of the most that energy bill that Exxon supported ed the same as they are in H.R. 1606. democratic forms of speech that we could go to Exxon and say, could you But our substitute, which we cannot know today, and it is an outstanding use some of those profits to support my allow today, we are not allowed to opportunity for all individuals across

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.009 H02NOPT1 H9480 CONGRESSIONAL RECORD — HOUSE November 2, 2005 our Nation to participate in our demo- Despite congressional silence on this outrageous high-handed arrogance we cratic process and impact public pol- matter, in 2004, a Federal court in- have seen now become, unfortunately, icy. structed the FEC to regulate Internet second nature to the majority, that The Internet, Mr. Speaker, is the new communications, and that process is brings an important bill invoking con- town square; and campaign finance reg- under way. Because the vast majority stitutional principles and history and ulations are not appropriate there. Not of Web sites are independently and in- modern technology, and how you inte- only would such regulation be a night- expensively operated, regulatory bur- grate those, and the question of cam- mare to administer and enforce, it dens are going to limit the Internet’s paign finance, into the most restrictive would place complex responsibility on usefulness as a political forum. procedure. ordinary citizens that would function- I am gratified to see the thoughtful We have 40 minutes to debate this. ally restrict their political free speech and energetic response of the blog- No amendments are possible. Appar- and violate their first amendment osphere to these proposed rules. It is ently this is the perfect bill. This must rights. Today, thousands and thou- just this type of free exchange of opin- have sprung like Minerva from the sands of Americans run blogs that are ions that we are trying to protect forehead of Zeus in perfect form, and focused on politics, and millions of today. The bottom line is that cam- here it is. God forbid that the United viewers visit their favorite bloggers’ paign finance laws must enhance, not States Congress or House of Represent- Web sites for commentary often not hinder electoral participation; and I atives should be able to amend it or found in the mainstream media. should note that campaign blogs and change it. Without H.R. 1606, I fear that all official campaign activities will It will be here. Take it or leave it. bloggers one day could be fined for im- still be regulated by the FEC after the And of course the assumption is that properly linking to a campaign Web passage of this legislation. people who agree that we should not be site, or merely forwarding a can- I am proud that my democratic col- restricting the free use of the Internet didate’s press release to an e-mail list, league, the gentleman from Michigan, will be so intimidated by the fear that and the list goes on. If bloggers are the ranking member of the House Judi- if they voted ‘‘no’’ they will be criti- compelled to hire lawyers to navigate ciary Committee, has cosponsored this cized that they will fall in line. this complex, gray, murky world of No, I do not think that works any bill, signifying that this is truly a bi- Federal regulation, many will simply more. I think the American public is partisan effort. In the other body, the cease to operate. That would only leave smart enough to know that the end distinguished Senate minority leader the wealthier participants in this blog- does not always justify the means and has partnered with my friend, Senator osphere and undermine public access to that the irony of purporting to defend COBURN, to defend American freedom of information and the chance for smaller free speech by shutting it down in the speech online by introducing this iden- groups to participate in our democracy Congress of the United States is too bi- tical language in the other body. in this fashion. zarre. Those opposing the bill claim that Over 200 years ago, in this House of You want to know how restrictive some day, somehow, somewhere, there Representatives, James Madison stat- this is? This procedure allows a total of may be corruption. Yet the FEC itself ed, ‘‘The people shall not be deprived or 40 minutes for debate. Is 40 minutes a could not see the threat of corruption abridged of their right to speak, to lot of time? This Republican majority that is present in a ‘‘medium that al- write, or to publish their sentiments.’’ has regularly kept roll calls open after lows almost limitless, inexpensive Today, Congress finds itself debating debates have finished for longer than communication across the broadest the very same rights under far more we get to debate this bill. They will cross-section of the American popu- modern realities. spend way more than 40 minutes twist- lation.’’ Let those who cry corruption b 1445 ing each other’s arms in private, rather cite examples and carry the burden in New regulations are not the answer than allow us to have the debate time. What, are we overworked? We are this debate to abridge the first amend- each time a new technology emerges. ment rights of our citizens. Mr. Speak- hardly as a Congress overworked. We The bipartisan Online Freedom of er, it is a heavy burden to carry. would have plenty of time to debate it. Speech Act protects the first amend- In 2002, before I came to this body, Whatever happened to the notion that ment rights of Internet users and pre- Congress passed a sweeping new cam- a bill comes out of committee, and I vents the FEC from making needless paign finance law; and, in a rare mo- am a ranking member of a committee. ment of restraint, nowhere in the new and arbitrary distinctions. I would not allow for my committee, if When the choice is between more reg- law did Congress impose restrictions on I could help it, a bill to come to the the Internet. Consequently, the FEC, ulation and more freedom, we should floor where there was substantial oppo- the entity solely devoted to regulating always err on the side of freedom. sition under suspension of the rules. campaign activity, left that promising Mr. MEEHAN. Mr. Speaker, I yield This has nothing to do with the sub- new technology alone. such time as he may consume to my stance. There are issues to be debated Under the new law, public commu- colleague, the gentleman from Massa- here. Forty minutes and no debate. The nications were clearly defined; and, chusetts (Mr. FRANK), who knows and rules are suspended because free speech just as clearly, the Internet does not understands the rules and procedures is so important to these supporters appear on this list. Mr. Speaker, I am of this institution as well as anyone that free speech must be sacrificed as quite certain that Congress was aware who has ever served here. we get it. They are going to destroy of the Internet’s existence 3 years ago. Mr. FRANK of Massachusetts. Mr. the village in order to save it. If some- Indeed, it is mentioned in other parts Speaker, I thank the gentleman from one would explain to me, I would yield of the legislation. Massachusetts (Mr. MEEHAN) for yield- my time, why we could not have this as So, logically, the FEC declined to ing me the time. a regular bill under regular procedure. regulate public communications on- Mr. Speaker, I have to comment on Is there some reason unbeknownst to line, equating the give and take on the the irony that we have people here de- me that kept us from having this as a Internet to candidate forums and ral- fending vigorous open debate and free bill that came to the floor, that people lies and debates that are open to the speech by invoking one of the most re- can go to the Rules Committee and we public. Just like on the street corner, strictive procedures of the House of could have amendments and we could people can talk back to a blog by writ- Representatives. Apparently, people debate it for more than 20 minutes on ing their own posts or establishing here believe that James Madison each side. I would be glad to yield to their own sites. How do you talk back thought that there should be free de- any advocate of free speech who can to a radio ad except with another radio bate except in the Congress of the tell me why it has become inapplicable ad that costs perhaps tens of thousands United States. in this bill. of dollars to run? This is very different. Under the procedure, and people Well, I have no takers. Apparently, Web sites and messages are very effec- should understand who will be moni- all we get in defense of this is free sitive, very democratic, and very afford- toring this debate, for many of us the lence. And I will commend my col- able tools, a different means of commu- key issue is not the substance. Yes, I leagues for having the good sense not nication. thing we ought to legislate. It is the to try to defend their procedure.

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.010 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9481 Mr. DOOLITTLE. Mr. Speaker, will pose it? Yes, I oppose it. Under this about soft money and corporate the gentleman yield? procedure I will oppose it. I will not money, I am sure it is sincere, is sim- Mr. FRANK of Massachusetts. I yield support the diminution, the continued ply, as a matter of law, incorrect. to the gentleman from California. reduction of democracy in the House. What this bill would do would be to Mr. DOOLITTLE. Mr. Speaker, as I And I think, yes, there could be a lot allow communications on the Internet recall, it was the gentlewoman from of free speech, but not by shutting it to avoid the heavy hand of regulation. California (Ms. ZOE LOFGREN) who down in the House. I will say again, no- And I do believe that is important. thought this would be an appropriate body can give us a substantive jus- Today, if a local candidate has a Web procedure to bring it to the floor on tification of why this is being done this page and they decide to say something suspension. So there was no abuse of way. Look, this involves the Constitu- very positive about the election of power. This is strongly supported by tion. It involves the complex issues of their party’s candidate for President, both parties. I anticipate it will pass campaign finance regulation. It in- they have a problem under the FEC today. Otherwise, we will take a rule, volves how you take technology and rule. and we will do it the regular way. how you adapt basic constitutional And if my Web site, Lofgren for Con- Mr. FRANK of Massachusetts. Mr. principles to it, and that is to be de- gress, links to Feinstein for Senate, I Speaker, reclaiming my time, let us do bated by 20 minutes on each side, and probably am violating the rules. And that. Let us defeat this now and send it that is to be preformed with no amend- there is no need for that. We do not to a rule. The gentleman from Califor- ments. want the heavy regulatory load on the nia’s (Mr. DOOLITTLE) idea of a sub- Mr. Speaker, it is a joke. It is self- Internet, nor do we need to do it. stantive defense is maybe a tribute to parody. Let us all defend free speech by Under current law, unless we pass the gallantry that he continues to ex- not having any. I hope that this is this exemption, Daily Chaos, which if emplify long after it may have gone voted down and that we then can have they call me for a comment on a can- out of fashion. He says the reason this an appropriate debate under the rules didate and it was run on their daily is a good idea is that the gentlewoman of the House with amendments and Web site within the specified time, we from California (Ms. ZOE LOFGREN) said with full discussion. might have an actual problem here un- so. Mr. MEEHAN. Mr. Speaker, I reserve less they are entitled to the press ex- I highly esteem my colleague from the balance of my time. emption. It is not clear that they are. California with whom I disagree in this Mrs. MILLER of Michigan. Mr. Mr. Speaker, I think it is very impor- case. But the notion that her impri- Speaker, I yield myself 15 seconds to tant since the court was not sure what matur is in itself a substantive defense respond to the gentleman. our intention was when we passed of failing to follow the regular proce- Mr. Speaker, we are actually being BCRA that we should make it clear dure does not meet the argument. accused of abuse of power, as I under- that the Internet is not part of the pub- Ms. ZOE LOFGREN of California. Mr. stand it, for bringing up the Senate mi- lic communications covered by the act. Speaker, will the gentleman yield? nority leader’s companion bill. I do believe that in coming from Sil- Mr. FRANK of Massachusetts. I yield Mr. FRANK of Massachusetts. Mr. icon Valley, especially so, that the to the gentlewoman from California. Speaker, will the gentlewoman yield? ability to use the new technology to Ms. ZOE LOFGREN of California. Mr. Mrs. MILLER of Michigan. I yield to promote the viewpoint of individuals is Speaker, I did opine at the hearings, the gentleman from Massachusetts. essential to the growth of democracy. since there was complete agreement Mr. FRANK of Massachusetts. Mr. We have seen ever-increasing numbers among all of the Members present, that Speaker, again, invoking one other in- of people participate in elections. we did not want to regulate the Inter- dividual does not pass for substantive I think part of the reason for that is net, that we might be able to take care debate. I am surprised. Do you not un- the ability to use the Internet to com- of this on the suspension calendar. derstand what real argument is? municate. We are concerned, and right- And I never have felt so powerful in Mrs. MILLER of Michigan. Mr. ly so, about the cost of TV. It costs a the minority as I do today. Speaker, I yield 4 minutes to the gen- huge amount of money to run TV ads. Mr. FRANK of Massachusetts. Mr. tlewoman from California (Ms. ZOE Well, the cost to send an e-mail is al- Speaker, reclaiming my time, you said LOFGREN), who is a distinguished mem- most nothing. So the use of the Inter- all of the Members there present. How ber of the House Administration Com- net is a great democratizer; that is lit- many were there? mittee that did ask for us to bring this tle ‘‘d,’’ not big. We need to make sure Ms. ZOE LOFGREN of California. Mr. up under suspension. that communications using the Inter- Speaker, I was the only Democrat Ms. ZOE LOFGREN of California. Mr. net are protected. present. Speaker, I thank the gentlewoman for Mr. Speaker, it is worth noting that Mr. FRANK of Massachusetts. Mr. yielding me the time. what this bill will do would be to pro- Speaker, how many Republicans? Mr. Speaker, I understand the proce- tect the technology, to protect the Ms. ZOE LOFGREN of California. Mr. dural objections to this, and certainly Internet itself. It would not reduce in Speaker, I do not remember. when I made the suggestion during our any way the prohibitions found in Mr. FRANK of Massachusetts. Mr. hearing that we could probably handle 441(b) any more than a corporation Speaker, so apparently four or five this on the suspension, I believed that could use its funds to buy lawn signs or Members have been able to do this. I was the case. Obviously, there is more political signs; they could not pay for will repeat that we have heard no sub- controversy than I had believed at the ads either. stantive defense of why this came. time. And so I do think that it is worth I would agree with what the gentle- But I still believe that this bill is noting that for the record I would just woman from California (Ms. ZOE very much worth supporting, and I do like to say that in this case the LOFGREN) said, sometimes you do not support this bill. If I believed what the bloggers have got it right. This bill will know something is controversial; but New York Times and the Washington keep the FEC out of the business of once you learn that it is, then you have Post said, I would indeed be concerned. regulating political speech on the the regular procedure. I was a strong supporter of the bipar- Internet. Mr. BASS. Mr. Speaker, will the gen- tisan Campaign Reform Act of 2002. I Mr. MEEHAN. Mr. Speaker, I yield tleman yield? signed the discharge petition. myself 35 seconds. Mr. FRANK of Massachusetts. I yield I voted for it. I am glad it passed. I Mr. Speaker, I am a friend of the to the gentleman from New Hampshire. would note, however, that what the bill Internet. In fact, I sponsored legisla- Mr. BASS. Mr. Speaker, I am plan- before us does today is really a lot tion that would exempt bloggers from ning to speak in opposition to the bill, more modest than the rhetoric would FEC legislation. but I thought that I heard the gen- lead one to believe. It does not repeal But the issue is how we draw the tleman say a minute ago that he section 441(b) of the act that prohibits lines to balance. We do not exempt the planned to oppose it. Is that correct? contributions or expenditures by na- Internet from laws controlling child Mr. FRANK of Massachusetts. Mr. tional banks, corporations, or labor or- pornography; we do not allow child Speaker, reclaiming my time, do I op- ganizations. And all of the hoo-rah-rah pornography on the Internet. We do

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.012 H02NOPT1 H9482 CONGRESSIONAL RECORD — HOUSE November 2, 2005 not exempt the Internet from con- was a relatively noncontroversial idea, I can appreciate the gentleman from sumer safety laws. We do not exempt supported by most of us. I would ven- California’s consistency. He was op- the Internet from intellectual property ture to guess that the outcome will be posed to campaign finance reform. On or copyright laws. We do not because just as she assumed, that it will pass the floor, he said he was opposed to any we think those laws are important. by the two-thirds vote required. limit. He would just as soon have no We wrestle with the details of un- b 1500 limits at all on any campaign finance. avoidable and unintended con- He thinks corporations should give. sequences. Why do we do the hard work I just cannot sit here and listen to Mr. Speaker, I yield 1 minute to the of wading through the details? Because this recitation when it is so unfair, gentleman from New Hampshire (Mr. why would we do anything else? Why given the facts of this particular case. BASS). should we disregard the integrity of Mr. Speaker, the Constitution is Mr. BASS. Mr. Speaker, I thank the the political process? clear, ‘‘Congress shall make no law gentleman from Massachusetts for Mr. Speaker, I yield 11⁄2 minutes to abridging the freedom of speech.’’ Un- yielding. the gentleman from Maine (Mr. fortunately, the U.S. Supreme Court I rise in opposition to the bill. We ALLEN). ruled to the contrary that, in this in- passed a bipartisan campaign finance Mr. ALLEN. Mr. Speaker, I thank stance, in political speech Congress reform act 3 or 4 years ago to close the gentleman for yielding me the may abridge the freedom of speech and huge loopholes in campaign spending, time. it may do so under the guise of pre- including the soft money loophole. Now Mr. Speaker, I rise to oppose H.R. venting corruption or the appearance the Internet is becoming an increas- 1606, the soft money loophole ban. thereof in campaign activities. I dis- ingly important medium for campaign Three years ago, Congress spoke: cor- agree with that decision, but the Su- spending and advocacy. According to rupting soft money should not be part preme Court has spoken for now, so we some surveys, 37 percent of the adult of the Federal election process. When must live with it. population and 61 percent of Americans President Bush signed the Bipartisan I am grateful to my colleagues on the use the Internet to determine how they Campaign Finance Reform Act, he other side of the aisle who at least feel, would vote in an election. made unlimited Federal soft money do- as concerns the Internet, that there are Now I do agree with my friends on nations illegal. compelling policy reasons why that the other side of the aisle that, had Democracy was enhanced. Today, should not be subject to this kind of this bill gone through the regular however, the House is debating an at- regulation. Heaven help the average order, we probably could have worked tempt to make soft money legal again. American if they fall under a regula- out some compromises that would have H.R. 1606 would allow corporations, tion similar to what any candidate protected the rights of individuals and labor unions, and wealthy financiers to must now undergo for Federal office bloggers and so forth, but we do not make unlimited soft money donations because that would basically mean have that ability at this point, so it is for campaign ads on the Internet co- that you would have to check with either an up or down vote on a com- ordinated by candidates. your accountant and check with your plete exemption. Bloggers should be free to write attorney before you engage in the In the absence of this compromise, whatever they want about candidates Internet communication that might at we have to depend on the FEC for regu- for office. But if this bill passes, the all be perhaps close to whatever the lation. Because if we do not and if this public will have no idea whether or not line would be. In other words, it would bill passes, we will in effect have an ex- Internet campaign ads are being fi- have a chilling impact on people’s exer- emption to BCRA that will allow for nanced by secret soft money. cise of what we believe should be their unlimited advertising and advocacy Why is this bill on the suspension free speech rights. over the Internet. calendar? Americans are frustrated by This rise of the Internet is one of the I do not believe that bloggers or indi- the majority’s corrupt habits of ram- greatest democratic, with a small d, viduals will ever be fined by the Fed- ming through legislation in the middle trends the world has ever known. Any- eral Election Commission. I urge my of the night without an opportunity to body with access to a computer can colleagues to vote against this bill read or amend proposed legislation. communicate throughout the world his when it comes up later today. Today, the majority is pushing or her views. Why would we seek to Mrs. MILLER of Michigan. Mr. through a bill that would enable regulate such an activity and to place Speaker, I reserve the balance of my monied interests to regain undue influ- this chilling impact out there? time. ence on Federal elections. The bill I commend, by the way, the FEC. Mr. MEEHAN. Mr. Speaker, I yield 1 should be considered through regular They correctly decided not to regulate minute to the gentleman from New order with consideration of amend- the Internet. Unfortunately, the big Jersey (Mr. HOLT), a strong supporter ments. government campaign reformers found of campaign finance reform. Mr. Speaker, the better way is the that intolerable, filed suit in Federal (Mr. HOLT asked and was given per- bill that the gentleman from Con- court and were vindicated with the mission to revise and extend his re- necticut (Mr. SHAYS) and the gen- judge ruling that, indeed, the law remarks.) tleman from Massachusetts (Mr. MEE- quired the FEC to regulate. In the ab- Mr. HOLT. Mr. Speaker, I rise today HAN) have proposed. sence of our passing this kind of legis- to oppose H.R. 1606 and ask us to come Mr. Speaker, that should be an lation, the Internet will be regulated. back with a procedure that will permit amendment to this bill on the floor. It Mr. Speaker, we must put an end to the Shays-Meehan alternative. cannot be under this procedure. This this now before it spreads out of con- This bill opens a huge loophole in the bill should be defeated. trol. Please vote yes for the Hensarling campaign finance laws. The gentleman Mrs. MILLER of Michigan. Mr. bill. I am so grateful the gentleman in- from Massachusetts (Mr. MEEHAN) and Speaker, I yield 4 minutes to the gen- troduced it, and I commend him for it. others have been bulldogs in moving us tleman from California (Mr. DOO- Please support freedom of speech. The toward a more perfect democratic LITTLE). Online Freedom of Speech Act is what union by keeping government of and by Mr. DOOLITTLE. Mr. Speaker, I this legislation is called. the people, not of and by some of the know the theme of the minority is the Now is the time to draw a clean, people and by special interests; and Republicans abuse power and they are clear, bright line and say if you are en- this act would not add protections of corrupt; but I think this example is ab- gaging in speech over the Internet you freedom of speech on the blogosphere solutely ludicrous, given that it was do not have to check with your lawyer as it is purported to do. Rather, it recommended by a prominent Demo- or your accountant. You are a free would bring large amounts of money crat member of the House Administra- American, and you have the oppor- back into deciding who can buy the tion Committee who happens to sup- tunity to engage in free speech over largest microphone in a Federal cam- port the legislation. the Internet. Vote yes. paign. And she prudently recommended it Mr. MEEHAN. Mr. Speaker, I yield It will smother, not enhance, the because at the time it seemed like it myself 10 seconds. voices of true grassroots movements.

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.016 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9483 This would compromise not only the Mr. Speaker, in this time when a ered under suspension of the rules, though, blogs it purports to help, it runs a cloud of scandal hangs over Wash- we were not allowed to offer this alternative great risk of harming the political pro- ington, when the Chief of Staff to the approach. That is why we must defeat this bill. cedure. There are too many questions Vice President of the United States has If this law were to pass, a member of Con- raised by this. The procedure cir- been indicted for perjury, making false gress could simply go to a large donor, cor- cumvents open debate. statements, when a top White House poration or union and control their spending of All of us believe that bloggers should official is led away in handcuffs, in- $1 million in soft money to pay for political ad- not be subjected to censorship. I myself dicted on charges of making false vertising all over the Internet. am an occasional guest blogger on po- statements related to an investigation This is precisely the type of behavior pre- litical Web sites. Bloggers, like tradi- of his dealing with lobbyists, at a time vented when Congress passed the Bipartisan tional journalists, should be able to when a top Republican lobbyist and Campaign Reform Act in 2002. By all ac- communicate with their audience with- fundraiser has been indicted for fraud, counts, the law is working—despite concerns out any fear of violating FEC regula- when that investigation is the subject about the law being the death knell of the par- tions. However, this legislation is not of a Department of Justice investiga- ties, the parties were strengthened as they ready for prime time. tion, and today over in the other body raised more in hard money in 2004 than they I urge my colleagues to oppose it and there is a hearing going on looking raised in hard and soft money combined in come back with a procedure that will into possible other misdealings, at a 2002 and greatly expanded their donor base. permit the Shays-Meehan alternative. time when the American people have Once again, I urge my colleagues to oppose Mrs. MILLER of Michigan. Mr. Speak- indicated that they are fed up with H.R. 1606 and oppose the return of corrupting er, I reserve the balance of my time. scandals, how can this House support a soft money to our political process. Mr. MEEHAN. Mr. Speaker, I yield 1 bill that would open up new avenues Mr. KENNEDY of Minnesota. Mr. Speaker, I minute to the gentleman from Dela- for corruption to enter the political rise today as a proud cosponsor of H.R. 1606, ware (Mr. CASTLE), who has been a cou- the Online Freedom of Speech Act, which is rageous hero in the fight for campaign process? The courts have clearly argued that bipartisan and bicameral legislation offered by finance reform. my colleagues, Mr. HENSARLING and Mr. Mr. CASTLE. Mr. Speaker, I thank the reason why you can limit campaign WYNN, as well as the Minority Leader of the the gentleman for yielding me time. contributions is because of corruption Mr. Speaker, I rise today in strong and the appearance of corruption. Why other body. That’s across the aisle support we opposition to H.R. 1606, the Online would we take a step backwards from don’t see often enough these days. Freedom of Information Act. This con- campaign finance reform and open up a This bill is designed to protect the free troversial bill purports to protect the loophole so big that you could drive a speech rights of Americans whose only al- freedom of speech of Internet bloggers truck through it? leged crime is wanting to use the Internet to but instead creates a major Internet Finally, I keep hearing Senator express their opinions. These individuals find loophole for soft money in our Federal REID’s name mentioned here. I want to themselves in jeopardy because an activist campaign finance laws. These are ex- assure you of something. If the Senate court decided to radically expand the meaning actly the soft money expenditures the brings up this bill, they will get more of a law beyond what Congress intended. The Bipartisan Campaign Reform Act of than 20 minutes a side to discuss it. Court decided that the FEC, the agency in 1992, BCRA, sought to prohibit. They will discuss it for as long as it charge of regulating our election laws, was in Internet advertising should be no ex- needs to be discussed. That is what we error when it decided it did not have the au- ception and ought to conform to the should have done here. thority to require the regulation of free speech same rules as those governing other Mr. Speaker, I yield back the balance on the Internet. media. H.R. 1606 is the wrong way to of my time. As a result of this ruling, all computer users address the issue of bloggers and will Mrs. MILLER of Michigan. Mr. and bloggers now stand to see their first only lead to new corrupting soft money Speaker, I yield myself the balance of amendment rights thrown out in the name of scandals and campaigns. The Internet my time. ‘‘freedom’’. The ruling effectively says that in- has increasingly and rightly been used Mr. Speaker, I spent 8 years of my dividuals have fewer free speech rights than as a powerful political tool in recent life as the Michigan Secretary of State. giant media corporations that pay people to elections, but it is negligent that we That was a job where I had a principal offer their opinions. Using this twisted logic, would permit it to be a safe haven from responsibility as the chief elections of- large newspapers and media companies op- our campaign finance laws. ficer of that State. During that time, pose this bill because they fear the competi- Under H.R. 1606, House members and we made constant attempts to increase tion bloggers pose to them. I disagree with the other federal candidates would be permitted to voter participation and voter turn-out, mainstream media elites at the Washington control the spending of soft money—provided particularly among young people. And Post and the New York Times who seem to by corporations, labor unions and wealthy indi- I believe this bill does that. think that an unregulated media is dangerous, viduals—to buy Internet advertisements to Mr. Speaker, we must stand up for unless it is them who are being regulated. support their campaigns. State political parties the right of freedom of speech and for What is disturbing and dangerous to me, would also be allowed to spend soft money on the first amendment. I urge my col- and to the constituents I represent in this Internet advertising to attack and promote fed- leagues to pass this bill. House, is the ease with which so many advo- eral candidates. And, these contributions Mr. SHAYS. Mr. Speaker, I urge my col- cate government regulation of speech. would never be disclosed in campaign finance leagues to oppose H.R. 1606, the so-called Mr. Speaker, bloggers don’t have to spend records. Online Freedom of Speech Act. The legislation millions of dollars on printing presses, nor do If the Congress is really concerned with pro- will exempt the Internet from campaign finance they have to invest in TV or radio broadcast tecting Internet bloggers, I urge consideration laws, thus opening up a major loophole for un- towers. They are able to share their opinions of legislation introduced yesterday by my col- limited union dues money, corporate treasury and ideas free of charge on the most powerful leagues Representatives SHAYS and MEEHAN, money and large individual donations to once tool of free speech the world has ever known. which reaffirms that bloggers communicating again corrupt federal elections. Bloggers are everyday citizens. They are on their websites are not covered by cam- I understand that many web loggers are our neighbors, friends, and coworkers who paign finance laws without allowing Members concerned that somehow campaign finance want to be able to share their ideas without of Congress and other federal candidates to law will restrict their speech, and I believe al- asking permission from a gatekeeper in the use corrupting soft money to support their lowing bloggers the assurance that they will mainstream media and certainly not from a campaigns. not be so burdened is something that we can government official. They are the historical de- I urge my colleagues on both sides of ensure. Unfortunately, H.R. 1606 goes far be- scendants of Founding Fathers like Thomas the aisle to vote no on the Online Free- yond exempting bloggers and allows federal Paine and other pamphleteers who contributed dom of Speech Act. candidates and political parties to again make enormously to our democracy. Mrs. MILLER of Michigan. Mr. use of soft money in federal campaigns. Mr. Speaker, I read a children’s book called Speaker, I reserve the balance of my That is why MARTY MEEHAN and I introduced House Mouse Senate Mouse to school chil- time. legislation that would preserve the soft money dren across my district, to try to help them un- Mr. MEEHAN. Mr. Speaker, I yield ban and protect bloggers from unnecessary derstand the government that we will one day myself the balance of my time. regulation. Because H.R. 1606 was consid- to turn over to their care. It shocks me that

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\CR\FM\K02NO7.018 H02NOPT1 H9484 CONGRESSIONAL RECORD — HOUSE November 2, 2005 these schoolchildren have a better under- The yeas and nays were ordered. under paragraph (1) or as otherwise specifi- standing of the meaning of the freedom of The SPEAKER pro tempore. Pursu- cally authorized or delegated by the Chief In- speech than some federal judges. ant to clause 8 of rule XX and the formation Officer or as otherwise directed by the Secretary. Mr. Speaker, we are trying to spread a mes- Chair’s prior announcement, further ‘‘(2)(A) Amounts appropriated for the De- sage of hope, opportunity, and freedom proceedings on this motion will be partment for any fiscal year that are avail- around the world. I support this legislation so postponed. able for information technology shall be al- that we don’t lose the ability to have that mes- f located within the Department, consistent sage shared among the American people. with the provisions of appropriations Acts, DEPARTMENT OF VETERANS AF- Mr. CANNON. Mr. Speaker, today I rise in in such manner as may be specified by, or ap- FAIRS INFORMATION TECH- support of H.R. 1606, legislation that will ex- proved by, the Chief Information Officer. NOLOGY MANAGEMENT IM- ‘‘(B) If for any fiscal year amounts referred empt blogs, e-mail and other online speech PROVEMENT ACT OF 2005 to in subparagraph (A) that are available for from campaign finance laws. the Veterans Health Administration (or are When Congress passed campaign finance Mr. BUYER. Mr. Speaker, I move to otherwise available for functions relating to reform in 2002, the legislation did not identify suspend the rules and pass the bill medical care) are to be allocated under sub- political speech over the Internet as a target of (H.R. 4061) to amend title 38, United paragraph (A) in a manner that is incon- the new regulations. The proponents of the States Code, to improve the manage- sistent with the allocation method known as law argued its intent was to restrict money not ment of information technology within the Veterans Equitable Resource Allocation, speech. But in April a federal judge sided with the Department of Veterans Affairs by such allocation may be made only with the campaign finance reform zealots and ruled the providing for the Chief Information Of- approval of the Secretary and after the ficer of that Department to have au- Under Secretary for Health is notified. FEC cannot completely exempt online speech ‘‘(3) When the budget for any fiscal year is from the requirements of the Campaign Fi- thority over resources, budget, and per- submitted by the President to Congress nance Reform law. sonnel related to the support function under section 1105 of title 31, the Secretary I’m not here to revisit arguments for or of information technology, and for shall submit to Congress a report that iden- against campaign finance reform. other purposes. tifies amounts requested for information I’m here today to call for Congress to recog- The Clerk read as follows: technology for the Department. The report nize the Internet as a safe harbor for political H.R. 4061 shall set forth those amounts both for each Administration within the Department and speech. Be it enacted by the Senate and House of Rep- for the Department in the aggregate and resentatives of the United States of America in Everyday thousands of bloggers register shall identify, for each such amount, how Congress assembled, displeasure or support with Congress, the Su- that amount is aligned with and supports the preme Court, the President, even their local SECTION 1. SHORT TITLE. information technology strategic plan under elected officials. This Act may be cited as the ‘‘Department subsection (d), as then in effect. But now, we are on the cusp of a new FEC of Veterans Affairs Information Technology ‘‘(f)(1) The Chief Information Officer shall regulation that could stifle free expression. Management Improvement Act of 2005’’. select the Chief Information Officer for each Without Congressional action today, arbi- SEC. 2. MANAGEMENT OF INFORMATION TECH- of the Veterans Health Administration, the NOLOGY IN DEPARTMENT OF VET- Veterans Benefits Administration, and the trary restrictions would be imposed on blogs ERANS AFFAIRS. National Cemetery Administration. Any and other web content deterring participation (a) RESOURCES, BUDGET, AND PERSONNEL such selection may only be made after con- from the very segment of our population that AUTHORITY OF CHIEF INFORMATION OFFICER.— sultation with the Under Secretary with re- we want to encourage to be politically active. Section 310 of title 38, United States Code, is sponsibility for the Administration for which Thomas Jefferson was right when he said: amended by adding at the end the following the selection is to be made. ‘‘The basis of our government being the opin- new subsections: ‘‘(2) Each Administration Chief Informa- ‘‘(c) To support the economical, efficient, tion Officer selected under paragraph (1)— ion of the people, the very first object should and effective execution of the information be to keep that right.’’ ‘‘(A) shall be designated as a Department technology objectives, policies, and plans of Deputy Chief Information Officer; and Mr. Speaker, this legislation will protect, in the Department in support of Department ‘‘(B) shall report to the Department Chief its infancy, what could be a powerful medium goals, the Secretary shall ensure that the Information Officer. (or media) for the opinion of the people to be Chief Information Officer has the authority ‘‘(3) The Department Deputy Chief Infor- heard. and control necessary for the development, mation Officers are responsible for imple- The way our Nation communicates today is approval, implementation, integration, and menting in their respective Administrations, almost unrecognizable for those of us that oversight of policies, procedures, processes, as directed by the Department Chief Infor- were in Washington, DC during the 1970s. activities, and systems of the Department mation Officer, the information technology relating to the management of information We have seen the innovation and democra- strategic plan and the integrated enterprise technology for the Department, including architecture developed for the Department tization of the Internet in just the last decade. the management of all related mission appli- by the Department Chief Information Officer This legislation will promote democracy and cations, information resources, personnel, pursuant to subsection (d)(2). shutter those who intend to manage through and infrastructure. ‘‘(4) To accomplish the policies, pro- regulation this amazing engine of communica- ‘‘(d)(1) The Secretary, acting through the grammatic goals, information technology tion and knowledge. Chief Information Officer, shall develop, im- system acquisitions, and alignments pre- The Internet, through such safe havens of plement, and maintain a process for the se- scribed, authorized, or directed by the De- individual expression and opinion like blogs, lection and oversight of information tech- partment Chief Information Officer, each De- nology for the Department. partment Deputy Chief Information Officer has put the power in the hands of the people, ‘‘(2) As components of the development of shall maintain, for their respective Adminis- where it truly belongs, precisely where Thom- the process required by paragraph (1), the trations, operational control of all informa- as Jefferson wanted it. Secretary shall develop for the Department— tion technology system assets and personnel I urge my colleagues to support this legisla- ‘‘(A) an information technology strategic necessary, including direct management of tion and thank the gentleman from Texas (Mr. plan that includes performance measure- the Administration’s software and applica- HENSARLING) for introducing this important bill. ments; and tions development activities. Mr. Speaker, I yield back the balance ‘‘(B) an integrated enterprise architecture. ‘‘(5) The Department Deputy Chief Infor- of my time. ‘‘(3) The information technology strategic mation Officers— The SPEAKER pro tempore (Mr. plan shall set forth a multiyear plan for the ‘‘(A) shall be the principal advocate for the use of information technology and related information technology needs of their re- PUTNAM). The question is on the mo- resources to support the accomplishment of spective Administrations; and tion offered by the gentlewoman from the Department’s mission. ‘‘(B) shall assure, by coordinating with the Michigan (Mrs. MILLER) that the House ‘‘(4) The Chief Information Officer shall re- Department Chief Information Officer, that suspend the rules and pass the bill, view and update the information technology the business and mission needs of their re- H.R. 1606. strategic plan and the integrated enterprise spective Administrations are met by consid- The question was taken. architecture on an ongoing basis to maintain ering requirements at all levels. The SPEAKER pro tempore. In the the currency of the plan and the currency of ‘‘(g)(1) The Secretary shall ensure that the opinion of the Chair, two-thirds of the enterprise architecture with techno- annual report submitted by the Secretary logical changes and changing mission needs pursuant to section 11313 of title 40 includes those present have voted in the affirm- of the Department. an identification of any obligation approved ative. ‘‘(e)(1) Funds may be obligated for infor- by the Chief Information Officer under sub- Mr. MEEHAN. Mr. Speaker, on that I mation technology for the Department only section (e)(1), including the date, amount, demand the yeas and nays. in accordance with the process implemented and purpose of such obligation.

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.010 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9485 ‘‘(2) The Secretary shall submit to the extremely hard on this groundbreaking faster and more accurate claims proc- Committees on Veterans’ Affairs of the Sen- legislation. We believe its passage will essing and afford timely benefits deliv- ate and House of Representatives an annual greatly assist the VA to improve its ef- ery of all VA benefits, such as VA report, not later than March 1 of each year forts to achieve the one VA mission. home loans and GI Bill education bene- (beginning in 2009), providing the Secretary’s assessment of the implementation during the The VA has long had a problem with fits. year covered by the report of the provisions stove-piped administrations that vet- Equally important, the cost of VA’s of subsections (c), (d), and (e). Each such re- erans must deal with as though they inability to manage its IT programs port shall include— are separate parts of the government. and initiatives has resulted in some ‘‘(A) the assessment of the Secretary as to Since coming to Congress, I have wit- significant IT failures: as much as $600 increased efficiency within the Department nessed the VA’s inability to adequately million-plus for a decade of VETSNET, of information technology acquisition proc- manage its IT funding and IT mod- the automated compensation and pen- esses, management, responsibility, and ac- ernization efforts. In fact, the VA’s IT sion claims processing system that countability as a result of those provisions; and modernization efforts go back at least still has not been implemented after 10 ‘‘(B) estimated cost savings to the Depart- 20 years, to 1985 when it was the policy years of development efforts; $342 mil- ment as a result of those provisions. of the Veterans Administration to pro- lion for CoreFLS, the failed financial ‘‘(h) In this section, the term ‘information vide ‘‘better service to the veteran management system; $300 million for technology’ has the meaning given that term through modern technology.’’ the HR Links, the failed automated in paragraph (6) of section 11101 of title 40.’’. Unfortunately, the Department has personnel system; $485 million annu- (b) REPORTS TO CONGRESS ON IMPLEMENTA- annually requested and spent billions ally to maintain VISTA, VA’s 25-year- TION.— (1) PERIODIC PROGRESS REPORTS.— of dollars without accountability or old medical information system. (A) REPORTS REQUIRED.—The Secretary of measurable performance outcomes on In 1996, Congress passed, and Presi- Veterans Affairs shall submit to Congress IT modernization, and America’s vet- dent Clinton signed, the National De- progress reports on the implementation of erans are still waiting for the ‘‘one fense Authorization Act for Fiscal Year subsections (c), (d), and (e), of section 310 of VA.’’ 1996, legislation that created the posi- title 38, United States Code, as added by sub- According to GAO, the VA spent ap- tion of chief information officer for section (a). proximately $10 billion over the last Federal agencies. The provisions of the (B) TIME FOR PROGRESS REPORTS.—A report decade alone for VA IT spending, and bill were later renamed the Clinger- under subparagraph (A) shall be submitted as expeditiously as feasible after the end of the this is probably a very conservative Cohen Act. 60-day period, the 90-day period, and the 180- figure. Historically, the VA has in- In 2001, 5 years after this mandate, day period beginning on the date of the en- cluded funding for IT in its general ad- the Department of Veterans Affairs be- actment of this Act. ministration accounts of each of the came the last Cabinet-level Depart- (C) MATTER TO BE INCLUDED.—Each report Veterans Health Administration, Vet- ment to comply with the requirements under this paragraph shall set out the erans Benefits Administration, and Na- of the Clinger-Cohen Act and appoint a progress to date on the implementation of tional Cemetery Administration. full-time chief information officer. the provisions specified in subparagraph (A). What that really means is that the In 2003, then-Secretary Principi di- (2) INTERIM REPORTS.—After the comple- rected VA to centralize its IT processes tion of the first 12 months, and after the VA has been spending billions of dol- completion of the first 18 months, of the im- lars on three separate IT infrastruc- to better align IT management. It did plementation of the provisions specified in tures within the Department. For ex- not happen. paragraph (1)(A), the Secretary shall submit ample, the Health Administration, the In 2004, the VA hired Gartner Con- to Congress an interim report on the oper- autonomy is downstream to the VI- sulting, a Fortune 500 IT consultant, to ation of those provisions to that date. Each SIONS and then on to the hospitals analyze and review its IT infrastruc- such report shall include the following: with their own operating systems. ture and processes. In testimony before (A) The assessment of the Secretary as to To take a second example down fur- the Veterans’ Affairs full committee in increased efficiency within the Department ther is what happened with Katrina September 2005, Gartner testified that of Veterans Affairs of information tech- the VA’s IT budgets are very fluid, nology acquisition processes, management, when they took the medical records responsibility, and accountability. from New Orleans and they then trans- without much accountability on how (B) Estimated cost savings to the Depart- ferred them within the same VISION, and when funding is spent. Gartner ment as a result of those provisions. VISION 16, and downloaded the medical analyzed several organizational mod- (3) FINAL IMPLEMENTATION REPORT.—Not records at the Houston VA. They had els, including no change or the status later than January 1, 2008, the Secretary to be reconfigured when they were quo to help VA resolve its IT issue. shall submit to Congress a final report on brought to Houston. That is just within Two of the models have the greatest the implementation of the provisions speci- a same VISION. potential application to the VA. One fied in paragraph (1)(A). The Secretary shall that the VA advocated is called a ‘‘fed- include in that report the matters specified To make matters worse, these three in paragraph (2) and the Secretary’s rec- separate IT infrastructures within the erated model,’’ where centralized plan- ommendation for any modifications to infor- VA cannot efficiently and effectively ning, technology operations, and budg- mation technology management within the share important information. For our eting/financial are controlled by a chief Department of Veterans Affairs. veterans this is a significant and unac- information officer with business appli- The SPEAKER pro tempore (Mr. ceptable convenience. cations developed and supported by ap- BOOZMAN). Pursuant to the rule, the Ultimately, centralizing the VA IT plication teams in each business line. gentleman from Indiana (Mr. BUYER) organizational structure will allow the But it still preserves the stovepipes. and the gentleman from Texas (Mr. VA to better serve our veterans. The Then you have what is called the REYES) each will control 20 minutes. VA absolutely needs to modernize its ‘‘centralized model,’’ where all VA IT The Chair recognizes the gentleman IT, both in hardware and software, and is organized into a single entity report- from Indiana (Mr. BUYER). it should be the vehicle and tools of ef- ing to a chief information officer. Key Mr. BUYER. Mr. Speaker, I yield my- ficiency. functional entities reporting directly self such time as I may consume. to the CIO include business applica- Mr. Speaker, as chairman of the b 1515 tions, infrastructure and operations, Committee on Veterans’ Affairs, I rise When there is truly One-VA with customer relations, enterprise archi- in strong support of H.R. 4061, the De- modern IT support, it will provide a tecture, data and information manage- partment of Veterans Affairs Informa- seamless transition of our military ment, security management, and IT fi- tion Technology Management Improve- being treated at the VA hospital as he nance. ment Act. I, along with the commit- or she move in and out of that system, According to VA’s own consultant, tee’s ranking member, LANE EVANS, whether it be back to active duty sta- the centralized approach provides the along with other members of the com- tus or to veterans status. We will also greatest opportunity to successfully mittee, introduced this legislation on improve timely medical appointments execute the One-VA mission objectives. October 17 of 2005. and reduce waiting time. It will foster It maximizes asset utilization and Over the last several years, the Vet- better patient safety through updated achieves economies of scale across all erans’ Affairs Committee has worked and correct medical data. It will have of VA by managing the infrastructure

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.006 H02NOPT1 H9486 CONGRESSIONAL RECORD — HOUSE November 2, 2005 through a central function; and Ultimately, this bill will empower Mr. BUYER. Mr. Speaker, I yield 2 through common organization, it will the CIO with the authority over IT’s minutes to the gentleman from South more rapidly mature the IT investment budgets, equipment, and personnel. Carolina (Mr. BROWN), chairman of the management processes across the VA’s This legislation is long overdue, and I Veterans’ Affairs Health Sub- IT program portfolio. The bill in front urge my colleagues to support this im- committee. of us is the centralized approach that portant effort. Mr. BROWN of South Carolina. Mr. has also been endorsed by Gartner Con- Mr. Speaker, I reserve the balance of Speaker, I thank the gentleman for sulting to the VA. my time. yielding and also for his leadership in Furthermore, Gartner testified that Mr. REYES. Mr. Speaker, I yield my- bringing this bill forward and for his the centralized approach could save the self such time as I may consume. leadership as chairman of the Vet- VA $345 million annually, or more than Mr. Speaker, I fully support H.R. 4061 erans’ Committee. $1.7 billion over 5 years. and encourage my colleagues to ap- Mr. Speaker, as a cosponsor of H.R. Gartner also estimated that the cost prove this legislation. I also want to 4061, I rise in support of the Depart- to VA for reorganizing IT will be $14 thank our chairman and the ranking ment of Veterans Affairs Information million. Even if the implementation member for their leadership and the Technology Management Improvement cost is doubled and the estimated sav- hard work of the staff on both sides of Act of 2005. ings are too optimistic and halved, the the aisle. This legislation calls for a strategic return on investment will be approxi- This bill helps the Department of plan that includes performance meas- mately three to one, and this is from Veterans Affairs construct a balanced, ures and an integrated enterprise ar- one of the leading IT consultants in the responsive, and accountable system to chitecture, working to create greater manage information technology at the world, the very consultant on which accountability within VA. VA. the Fortune 500 companies rely. Money spent by VA in its moderniza- This legislation is necessary to over- Despite these findings and rec- tion efforts has been costly. For exam- come a mindset at the VA regarding ommendations, the VA has now decided ple, VA spends $485 million annually to the management of information tech- to adopt a federated approach and they maintain VISTA, VA’s 25-year-old med- nology that increasingly is defined by really do not need Congress to act, that ical information system. It does not clouded management processes and a seem economical to spend $485 million we are going to do this all on our own. lack of accountability within the three each year on out-of-date computer ap- Quite frankly, VA’s plan looks like the principal administrations. Department wants to carry on, really, In just the last decade, VA has ex- plication systems in the 21st century. business as usual, but give it a title. On pended hundreds of millions of dollars Passage of H.R. 4061 would build on a bipartisan basis, we find this com- to field information technology sys- the work of the committee over the pletely unacceptable. tems that were discontinued due to past few Congresses in expecting ac- So, Mr. Speaker, I am also putting misalignment with VA’s mission, mis- countability of VA’s people and re- the Department on notice. management or serious cost overruns. sources and for the IT programs of the My advice to the Under Secretary of Under H.R. 4061, this will change. Department. the Veterans Health Administration, The Department will receive a cen- Restructured IT management at VA Dr. Perlin, is to cease and desist in his tralized framework to manage IT as- will have an impact on VA’s ability to staunch efforts to push for this fed- sets throughout the Department in provide services to veterans more erated model. pursuit of its One-VA initiative. Infor- quickly and effectively. Subsequently, My advice to the Under Secretary of mation technology will be managed by it will help improve the health care of the Veterans Benefits Administration, a highly qualified VA-wide information our Nation’s veterans. As chairman of Admiral Cooper, is to stop his efforts technology team that will ultimately the Subcommittee on Health, it is my to adopt a federated approach. report to a chief information officer, or mission to ensure our veterans have My advice to the newly designated CIO. the quality health care they have Under Secretary of the National Ceme- The CIO will have control of the earned and deserve. tery Administration, William Turk, is budget, assets, personnel, and systems Mr. REYES. Mr. Speaker, I yield 2 not to proceed with the federated ap- necessary to achieve success depart- minutes to the gentleman from Illinois proach. ment-wide, but there is an express un- (Mr. EVANS), our ranking Democratic Earlier this year, the Veterans’ Com- derstanding that information tech- member of the committee. mittee recommended that Congress nology in VA is a support function. It Mr. EVANS. Mr. Speaker, the need withhold $400 million for VA IT be- is not a final goal. Measures of effec- for this bill has been growing for more cause the Department has poorly man- tiveness across the administrations than a decade. aged its major IT initiative. Further- will be tracked and should demonstrate The Department of Veterans Affairs more, the Department has not held that VA has become a more effective usually does a reasonable job managing anyone accountable when multimillion organization. programs of interest to veterans, but it dollar projects fail. Also under this bill, a deputy CIO does not do well in managing informa- I would like to take this opportunity will be assigned to each of the three ad- tion technology programs. to thank my distinguished colleague ministrations. In this capacity, they Significant funding was invested in and the chairman of the House Appro- are the principal advocates for the VA information technology programs priations Subcommittee on Military business and mission needs of the re- that later failed due mostly to mis- Quality of Life and Veterans Affairs spective administration at all levels of management. If VA had in place the (Mr. WALSH) for adopting our rec- use, from senior managers to end-users sound management processes required ommendation and withholding $383 throughout the field. This requirement by this bill, many of those information million from the fiscal 2006 budget. will facilitate innovation and fine-tune technology failures could have likely If the Department of Veterans Affairs the design of the IT infrastructure. been avoided. continues down this path of disregard The deputy CIO will be responsible to This would be better for the tax- for this legislative body, we have no the Department CIO for IT system payer, and it would be better for the choice. We will continue to recommend alignment and related matters, but mission of VA, and most importantly, withholding a portion of VA’s IT budg- will otherwise be in control of day-to- it would give us an opportunity to et until the CIO is allowed to instill a day IT operations in their respective thank our veterans who served more disciplined and accountability ap- administration. than they anticipated in the Armed proach to the VA’s IT budget and that I would like to congratulate again Forces. it be done on a centralized approach. the staffs from each side of the aisle for I want to thank Chairman BUYER for Congress should not tolerate the con- working out this improved IT manage- keeping our Nation’s commitment fo- tinued mismanagement of the precious ment system for VA, and I am glad to cused on this initiative. The bill lan- veterans resources on failed IT pro- be an original cosponsor of this bill. guage contains the checks and balances grams within the Department. Allow Mr. Speaker, I reserve the balance of needed to successfully manage infor- the CIO to do his job. my time. mation technology at the VA. It will

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.022 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9487 allow us in Congress to track how VA and improving their quality of life. York (Mr. WALSH) for his support in manages its information technology Should this legislation become law, the bringing accountability to VA’s IT pro- assets. Department of Veterans Affairs may grams within the appropriations proc- I cosponsored this legislation, and I improve information technology man- ess. encourage my colleagues to vote ‘‘yes’’ agement at the Department and help I would also like to thank the gen- in support. better serve our veterans. tleman from Texas (Mr. REYES), Army Mr. REYES. Mr. Speaker, I yield 2 Mr. REYES. Mr. Speaker, I yield 2 Vietnam vet, for his work on this and minutes to the gentlewoman from minutes to the gentlewoman from the original cosponsorship, along with Florida (Ms. CORRINE BROWN). South Dakota (Ms. HERSETH). the gentlewoman from Florida (Ms. Ms. CORRINE BROWN of Florida. Ms. HERSETH. Mr. Speaker, I rise BROWN) and the gentlewoman from Mr. Speaker, I want to thank Chair- today to speak in support of H.R. 4061, South Dakota (Ms. HERSETH). man BUYER and Ranking Member the Department of Veterans Affairs In- Finally, I would also like to thank EVANS for bringing this important bill formation Technology Management Art Wu, Len Sistek, Kimo Hollings- to the attention of the House of Rep- Improvement Act. This bill helps the worth, Ginny Richardson, and Risa resentatives. VA construct a balanced, responsive Salsburg for their diligence and dedica- This legislation will empower the and accountable system to manage in- tion in serving our Nation’s veterans on the committee, and also the staff di- chief information officer of the Depart- formation technology at the Depart- rectors, Jim Lariviere and Jim Holley, ment of Veterans Affairs to control and ment of Veterans Affairs. both for the majority and the minor- influence information technology in The Department Chief Information Officer will be given the control and re- ity. the Department. Mr. Speaker, I urge my colleagues to I fully support H.R. 4061 and am very sources necessary to manage information technology department-wide. support the Department of Veterans pleased to be an original cosponsor. Affairs Information Technology Man- This bill helps the Department of Measures of effectiveness across the administrations will be tracked and agement Improvement Act of 2005. This Veterans Affairs construct a balanced, is a bill whereby when we come to this responsive, and accountable system to should demonstrate that VA has become a more effective organization. body we do not leave our experiences manage information technology at VA. The CIO will have control of the budg- behind. We are to learn from the past As we have all seen from the emer- et, assets, personnel and systems nec- and to plan for the future. We are to gencies that have recently affected this essary to achieve this success. modernize Federal governments, to cut country, it is important for all of the Also under the bill, as the gentleman through the bureaucracy, and to create computers to be able to communicate from Texas (Mr. REYES) noted, a Dep- workable solutions that will become a with each other in every region. A vet- uty CIO will be assigned to each of the standard that will be leveraged across eran needs to know that he or she will three administrations. In this capacity, all departments of the government, be served when they enter any VA fa- they are the principal advocates for the creating greater efficiencies, respon- cility. business and mission needs of their re- siveness to people, and saving money. Under this bill, we are taking the spective administrations at all levels That is exactly what this product has first steps to make sure this happens. of use, from senior managers to end- done, and it is being brought to the I encourage my colleagues to approve users throughout the field. The Deputy floor in a bipartisan fashion, and so I this legislation. CIO will be responsible to the Depart- ask all my colleagues to support this. Mr. BUYER. Mr. Speaker, I yield 2 ment CIO for IT system alignment and Mr. Speaker, I have no further re- minutes to the gentleman from Ohio related matters but will otherwise be quests for time, and I yield back the (Mr. TURNER), a member of the com- in control of day-to-day IT operations balance of my time. mittee. in their respective administration. The SPEAKER pro tempore (Mr. BOOZMAN). The question is on the mo- b 1530 I, too, would like to congratulate Chairman BUYER, Ranking Member tion offered by the gentleman from In- Mr. TURNER. Mr. Speaker, I am a EVANS, their staffs and all Members diana (Mr. BUYER) that the House sus- cosponsor of H.R. 4061, the Department who worked hard on working out this pend the rules and pass the bill, H.R. of Veterans Affairs Information Tech- improved IT management system for 4061. nology Management Improvement Act the VA. I am glad to be a cosponsor of The question was taken. of 2005. This important legislation The SPEAKER pro tempore. In the this bill which will help our veterans. would provide the Chief Information Mr. REYES. Mr. Speaker, I have no opinion of the Chair, two-thirds of Officer at the Department of Veterans further requests for time, and I yield those present have voted in the affirm- Affairs with future authority over in- back the balance of my time. ative. formation technology budgets, equip- Mr. BUYER. Mr. Speaker, I want to Mr. BUYER. Mr. Speaker, on that I ment and personnel. thank my good friend, the ranking demand the yeas and nays. The yeas and nays were ordered. Importantly, this legislation will member and Marine, LANE EVANS, for The SPEAKER pro tempore. Pursu- centralize information technology at his work and cooperation on this bipar- ant to clause 8 of rule XX and the the Department, increasing the ability tisan legislation. This is the way the of the Department to serve veterans by Chair’s prior announcement, further committee is supposed to work. proceedings on this question will be providing information more produc- We have invested almost 6 years of postponed. tively, and improve the delivery of work on this to bring corrections to IT health care to Veterans. systems, and I am glad that we have f Under this legislation, claims for vet- been able to work together in a bipar- GENERAL LEAVE erans will be processed more speedily, tisan fashion to deliver a product to Mr. BUYER. Mr. Speaker, I ask waiting times for medical care will be this floor for which we can be proud of. unanimous consent that all Members reduced, all veterans benefits will be I would also like to commend the may have 5 legislative days in which to delivered more quickly, and medical gentleman from Florida (Mr. BILI- revise and extend their remarks and in- data for veterans will be improved RAKIS) and the gentleman from Ohio clude extraneous material on H.R. 4061. through more rapid updating. In short, (Mr. STRICKLAND), the chairman and The SPEAKER pro tempore. Is there this legislation will not only improve ranking members of the Subcommittee objection to the request of the gen- information technology at the Depart- on Oversight and Investigations, for tleman from Indiana? ment but will make a real difference in their hard work in providing the over- There was no objection. improving the delivery of health care sight required to define these problem- f and other benefits for our Nation’s vet- atic issues and helping to make needed erans. legislative changes to address these JOHN H. BRADLEY DEPARTMENT This legislation will allow our vet- shortcomings at the Department of OF VETERANS AFFAIRS OUT- erans to save time in accessing the Veterans Affairs. PATIENT CLINIC benefits to which they are entitled, im- I would also like to reiterate my Mr. BUYER. Mr. Speaker, I move to proving their experiences at the VA thanks to the gentleman from New suspend the rules and pass the bill

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.024 H02NOPT1 H9488 CONGRESSIONAL RECORD — HOUSE November 2, 2005 (H.R. 1691) to designate the Depart- Mr. GREEN of Wisconsin. Mr. Speak- The survivors were proclaimed almost ment of Veterans Affairs outpatient er, I thank the gentleman for yielding overnight heroes and symbols, some- clinic in Appleton, Wisconsin, as the me this time and for his leadership in thing they were all uncomfortable ‘‘John H. Bradley Department of Vet- bringing this legislation forward. with. Doc Bradley told his children, erans Affairs Outpatient Clinic’’. Mr. Speaker, in all of America’s rich ‘‘the real heroes of Iwo Jima were the The Clerk read as follows: history there are perhaps a few dozen guys who didn’t come back.’’ He never H.R. 1691 images that seem to summarize and displayed a copy of the famous flag- Be it enacted by the Senate and House of Rep- symbolize the American experience, raising photo in his home. resentatives of the United States of America in our struggles, our challenges and, yes, Mr. Speaker, Doc Bradley would be a Congress assembled, our triumphs. One of those unforget- little embarrassed by having a clinic SECTION 1. NAME OF DEPARTMENT OF VET- table photographs is of six U.S. service- named after him. After all, he did not ERANS AFFAIRS OUTPATIENT CLIN- want glare and he did not want ac- IC, APPLETON, WISCONSIN. men raising the stars and stripes over The Department of Veterans Affairs out- Mount Suribachi on Iwo Jima. claim. However, his wife Betty has said patient clinic in Appleton, Wisconsin, shall As you know, that scene has been im- that this is a fitting tribute to Jack be- after the date of the enactment of this Act mortalized by Hollywood and in count- cause the clinic is involved in health be known and designated as the ‘‘John H. less publications. It makes up the U.S. care for veterans and because it is lo- Bradley Department of Veterans Affairs Out- Marine Corps Memorial in Arlington cated in the community where he was patient Clinic’’. Any reference to such med- raised. ical center in any law, regulation, map, doc- National Cemetery. One of the brave men in that breath- Through his courage, his humility ument, record, or other paper of the United and his commitment to his comrades States shall be considered to be a reference taking photograph is Pharmacist’s during and after the war, whether he to the John H. Bradley Department of Vet- Mate Second Class John H. Bradley. wanted to acknowledge it or not, John erans Affairs Outpatient Clinic. The purpose of this legislation is, as ‘‘Doc’’ Bradley does symbolize the The SPEAKER pro tempore. Pursu- the chairman indicated, to rename the American serviceman and the Amer- ant to the rule, the gentleman from In- wonderful veterans outpatient clinic in ican experience. I cannot think of a diana (Mr. BUYER) and the gentleman Appleton, Wisconsin, for that man, better name for the Appleton clinic from Texas (Mr. REYES) each will con- John Bradley. than the John H. Bradley Department trol 20 minutes. As I hope my remarks will make The Chair recognizes the gentleman of Veterans Affairs Outpatient Clinic. clear, there are many reasons why this Dedicated professionals work hard from Indiana (Mr. BUYER). title is appropriate, reasons that go there, and they do great things for our Mr. BUYER. Mr. Speaker, I yield my- well beyond a famous photograph. self such time as I may consume. veterans who deserve so much. John Bradley was born on July 10, I am proud to honor one of Wiscon- John ‘‘Doc’’ Bradley was a Navy 1923, in Antigo, Wisconsin, to parents Corpsman during World War II and one sin’s greatest veterans with this legis- James and Kathryn. He was the second lation, and I strongly encourage the of six men who took part in the famous of five children and spent his boyhood flag raising on Iwo Jima. John Bradley support of my colleagues and again years growing up in Appleton, Wis- thank the chairman for bringing this survived the war; and he passed away consin, in my congressional district. on January 11, 1994. Before his death, legislation forward. In March of 1943, John enlisted in the Mr. REYES. Mr. Speaker, I yield my- his family was asked not to answer U.S. Navy as a Seabee, but strong pro- self such time as I may consume. calls from the media; and his war his- test from his father led him to receive Mr. Speaker, John H. Bradley, a tory was boxed away to be forgotten. training as a Navy Corpsman instead. Pharmacist’s Mate Second Class, who However, after his death, in 1994, his He was known as Doc Bradley and was enlisted in the United States Navy in family found the box of letters and me- assigned to a United States Marine January, 1943, was one of the six men mentos from John Bradley’s time serv- Corps infantry battalion formed at who raised an American flag at Mount ing his Nation during World War II. Camp Pendleton. He was then shipped Suribachi during the battle of Iwo John Bradley once told his children off to the island-hopping campaign in Jima, an action that we all know now that the real heroes on Iwo Jima were the Pacific Theater of World War II. has been immortalized in the Pulitzer ‘‘the guys who didn’t come back’’. One of the most deadly, and most im- prize photo by Joe Rosenthal and the After he participated in the now-cele- portant, parts of that campaign came subject of the statue at the Marine brated flag raising on Mt. Suribachi, at Iwo Jima, where, over some 36 days, Corps Memorial. He was a key part of John Bradley received the Navy Cross 70,000 American troops fought. That an event that recorded the soul of a for rushing to a wounded man’s aid in battle claimed over 25,000 U.S. casual- Nation in a time of great crisis. heavy Japanese fire. He received sev- ties, including nearly 7,000 killed. The Bradley was born in Antigo, Wis- eral shrapnel wounds to his legs a few famous flag-raising moment may be consin, as we have heard, and his fam- days later and was evacuated from the how many people will remember Doc ily moved to Appleton, Wisconsin, combat zone to a hospital in Hawaii. where he grew up as a boy. He was as- This legislation is cosponsored and Bradley, but, of course, there is so much more to the story of Doc and his signed to the 28th Marine Corps Regi- supported by the entire Wisconsin dele- ment of the 5th Marine Division during gation and also has the support of the comrades. After he raised the flag on Mount the assault on Iwo Jima. Two days State’s major veterans service organi- after landing with his regiment, he zations. Suribachi, Doc Bradley rushed to the aid of a wounded Marine under heavy earned the Navy Cross. Mr. Speaker, I particularly would The citation accompanying his Navy Japanese fire, and he did win the Navy like to thank my colleague (Mr. Cross cited extraordinary heroism in Cross for this selfless and heroic act. GREEN) who represents the Eighth Con- action against the enemy at Iwo Jima Later, he received several shrapnel gressional District of Wisconsin for in- on February 21, 1945. It cited that dur- wounds to his leg and was evacuated to troducing this most appropriate legis- ing a furious assault by his company lation. He is a strong supporter of the a hospital in Hawaii. on the strongly defended enemy posi- Upon completion of his service in men and women who serve in our tion at the base of Mount Suribachi, Armed Forces and was chosen by the World War II, John moved back to Wis- Bradley observed that a Marine infan- Speaker of the House delegation to consin and settled in Antigo, where he tryman had fallen wounded in an open lead a delegation to Afghanistan to re- and his wife Betty raised eight chil- area under a pounding mortar barrage port on the progress of the war there. dren. In the years after the war and interlaced with merciless crossfire I also might note that he was instru- until his death in 1994, he maintained a from machine guns and small arms. mental in placing the new veterans lifelong commitment to veterans and outpatient clinic in Green Bay, Wis- to veterans health care. Interestingly b 1545 consin. He is a strong supporter of the enough, Doc Bradley’s family never With complete disregard for his own men and women we now call veterans. knew he received the Navy Cross for safety, he ran through this intense fire Mr. Speaker, I yield 5 minutes to the service until after he died. to the side of the fallen Marine and de- gentleman from Wisconsin (Mr. Of the six men in that famous photo, termined that an immediate adminis- GREEN). three were killed in the battle itself. tration of plasma was necessary in

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.026 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9489 order to save that Marine’s life. He he- Veterans, and the Vietnam Veterans National Cemetery. Mr. Bradley was awarded roically shielded the injured man with Against the War. These are 24 of the the Navy Cross, Purple Heart, Presidential his own body and tied a plasma unit to veterans organizations that supported Unit Citation with one star, American Cam- a rifle that he had planted upright in the gentleman from Wisconsin’s legis- paign Medal, Asiatic-Pacific Campaign Medal the sand. After stabilizing the patient lation. with one star, and the World War II Victory and his injuries, Bradley pulled the In closing, I believe we can tell a lot Medal for ‘‘extraordinary heroism as a Hospital man some 30 yards through that in- about a nation by the individuals Corpsman in action against enemy Japanese tense fire to safety. whom we choose to honor, and this is a forces on Iwo Jima.’’ His heroism did not end on that day. very appropriate means and manner to Upon Mr. Bradley’s return to Antigo after his A few weeks later, he was wounded in honor one of America’s true heroes. service, he owned a small business and gave both legs in a mortar attack. He re- With that, I ask that all Members sup- generously of his time to his community. He fused evacuation until he had finished port H.R. 1691. passed away on January 11, 1994, after 47 rendering aid to two other wounded Mr. RYAN of Wisconsin. Mr. Speaker, I rise years of marriage which was blessed with Marines. He was subsequently awarded today in support of H.R. 1691, legislation that eight children. He was the longest surviving a Purple Heart for this action. would designate the Department of Veterans member of the six who ‘‘raised the flag on Iwo Bradley was a star attraction during Affairs outpatient clinic in Appleton, Wisconsin, Jima’’. He rests in the peace that he deserves the Seventh War Bond Drive, where he as the John H. Bradley Department of Vet- as a national hero, in his hometown today. spoke in over 33 cities. This war bond erans Affairs Outpatient Clinic. It is truly appropriate to honor Mr. Bradley, drive collected over $24 billion, which John ‘‘Doc’’ Bradley was a small town boy who gave so much to his country, as our is the largest borrowing from the from Antigo, Wisconsin, who answered the call brave men and women of the armed services American people in the history of our to duty to serve during World War II. As a continue to do today. I urge my colleagues to country. Corpsman in the Navy, Doc Bradley partici- support H.R. 1691. Mr. BROWN of South Carolina. Mr. Speak- Bradley was the last surviving mem- pated in one of the defining events of our na- er, I rise in support of H.R. 1691, a bill that ber, as we have heard, of the six flag- tion’s history, the raising of the flag at Mount would name the VA outpatient clinic in Apple- raisers. He died in 1994 at the age of 70. Suribachi on Iwo Jima Island. The importance ton Wisconsin the ‘‘John H. Bradley Depart- His son, James Bradley, is the author of the capture of Mount Suribachi extends well ment of Veterans Affairs Outpatient Clinic’’. of the book ‘‘Flags of Our Fathers: He- beyond its symbolic meaning and the inspira- John ‘‘Doc’’ Bradley died at the age of 70 roes of Iwo Jima.’’ tion it provided to our nation’s military. The on January 11, 1994. After his appearances at As has already been mentioned by victory at Iwo Jima also served an important the last bond tour, John married his childhood Chairman BUYER, this bill has the sup- strategic role by allowing the U.S. Army’s B– sweetheart, Betty Van Gorp, and raised eight port of the Wisconsin delegation. It has 29 bombers to make emergency landings on children with her. my full support. And today, where a the island, and helped lead to our triumph in John served as a Navy Corpsman during couple of hours ago we celebrated the the battle for the Pacific. World War II and was the longest surviving Marine Corps birthday, it is a fitting Despite Doc Bradley’s numerous accom- member of the six who raised the second flag tribute. plishments as a soldier during World War II, on Iwo Jima. I urge all my colleagues to vote for which include receiving the Navy Cross for Two days after landing with his regiment in this legislation. heroism, this brave American remained hum- Iwo Jima on his first campaign, Second Class Mr. Speaker, I have no further re- ble throughout his life and did not brag about Bradley earned the Nation’s second highest quests for time, and I yield back the his many accomplishments. In fact, much of award, the Navy Cross, for ‘‘extraordinary her- balance of my time. Doc Bradley’s family did not know that he had oism.’’ Mr. BUYER. Mr. Speaker, I yield my- received a Navy Cross, one of the Navy’s Bradley rushed to the aid of a wounded Ma- self such time as I may consume. highest honors, until after his death. rine under heavy Japanese fire, bandaged his I thank the gentleman from Texas I am pleased that this great honor is being wounds and then pulled the soldier 30 yards for his support of this legislation and bestowed upon Doc Bradley today and would to safety. once again for his fine work on the like to close with his account of his participa- A few days later, Bradley received several Veterans’ Committee. tion in the flag-raising, which exemplifies the shrapnel wounds to his legs, and was evacu- This bill before us will name the VA grace and humility of this great American: ated to a hospital in Hawaii. outpatient clinic in Appleton, Wis- ‘‘People refer to us as heroes—I personally John’s family had no knowledge of him re- consin, as the ‘‘John H. Bradley De- don’t look at it that way. I just think that I hap- ceiving a Navy Cross until after his death. It is partment of Veterans Affairs Out- pened to be at a certain place at a certain a most appropriate honor that we name the patient Clinic.’’ time and anybody on that island could have VA Community Based Outpatient Clinic lo- In the State of Wisconsin, they have been in there—and we certainly weren’t he- cated in the town where he grew up, after the a council; and this council is made up roes—and I speak for the rest of them as well. quiet and unassuming Mr. John Bradley. of many veterans organizations. They That’s the way they thought of themselves Mr. BUYER. Mr. Speaker, I yield met on October 21 of 2005 to discuss also.’’ back the balance of my time. H.R. 1691. The council had a discussion, Mr. PETRI. Mr. Speaker, I am pleased to The SPEAKER pro tempore (Mr. a motion was made and was seconded support H.R. 1691, a bill to designate the De- BOOZMAN). The question is on the mo- and carried a unanimous vote, no ob- partment of Veterans Affairs outpatient clinic in tion offered by the gentleman from In- jections, to support the bill that is be- Appleton, Wisconsin, as the ‘‘John H. Bradley diana (Mr. BUYER) that the House sus- fore us today. Department of Veterans Affairs Outpatient pend the rules and pass the bill, H.R. The veterans organizations that were Clinic.’’ While Americans may not recognize 1691. The question was taken. in support of this legislation in the Mr. Bradley’s name, we have all been inspired State of Wisconsin and offer this under The SPEAKER pro tempore. In the by his image. opinion of the Chair, two-thirds of the American people are the American John ‘‘Doc’’ Bradley was born in Antigo, those present have voted in the affirm- Legion, the VFW, the DAV, the Navy Wisconsin, on July 10, 1923. During World ative. Club of the USA, the Army Navy War II, he was assigned to the 28th Marines Mr. BUYER. Mr. Speaker, on that I Union, the Catholic War Veterans, Wis- of the 5th Marine Division, where he took part demand the yeas and nays. consin Vietnam Veterans, American in the Pacific campaign at Iwo Jima, Japan. In The yeas and nays were ordered. Ex-Prisoners of War, the Vietnam Vet- 1945 Pharmacist’s Mate Second Class Brad- The SPEAKER pro tempore. Pursu- erans of America, the U.S. Submarine ley, along with five U.S. Marines, raised the ant to clause 8 of rule XX and the Veterans of World War II, the United American flag on Mount Suribachi displaying Chair’s prior announcement, further Women Veterans, Polish Legion of victory over the Japanese during the Battle of proceedings on this question will be American Veterans, Wisconsin Associa- Iwo Jima. postponed. tion of Concerned Veterans Organiza- This act became a lasting symbol of the f tions, the Military Order of the Purple great bravery and courage of our troops, and Heart, Paralyzed Veterans of America, a never-ending display of the enduring Amer- GENERAL LEAVE the County Veterans Service Officers ican spirit. It is appropriately depicted in the Mr. BUYER. Mr. Speaker, I ask Association, AMVETS, the Jewish War U.S. Marine Corps Memorial near Arlington unanimous consent that all Members

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.029 H02NOPT1 H9490 CONGRESSIONAL RECORD — HOUSE November 2, 2005 may have 5 legislative days within Last week, the House passed H.R. Elliott Street in Detroit, Michigan, as which to revise and extend their re- 2967, which would have named the the ‘‘Rosa Parks Federal Building.’’ marks and include extraneous matter building in Detroit after Rosa Parks. This bill also contains a provision to on H.R. 1691. We are back here today because the name the annex to the E. Barrett The SPEAKER pro tempore. Is there Senate amended their version of this Prettyman courthouse here in the Dis- objection to the request of the gen- bill to include the designation in honor trict of Columbia in honor of Federal tleman from Indiana? of Judge William Bryant. District Court Judge William B. Bry- There was no objection. Rosa Parks has been eulogized and ant. f honored by many people who knew her Both are legendary African Ameri- better than I, but I would like to take cans, and the agreement that Federal ROSA PARKS FEDERAL BUILDING this opportunity to express my condo- buildings should be named in their Mr. DENT. Mr. Speaker, I move to lences to those who knew her and honor is both wide and deep. suspend the rules and pass the Senate praise her to those that will hopefully I thank my good friend and colleague bill (S. 1285) to designate the Federal follow her example. from Michigan (Ms. KILPATRICK) for her building located at 333 Mt. Elliott Rosa Parks is well known for a sim- diligent leadership on the Rosa Parks Street in Detroit, Michigan, as the ple, yet historic, act of defiance. To Federal building designation. I also ‘‘Rosa Parks Federal Building’’. paraphrase something the Mayor of De- want to thank my good friend of long- The Clerk read as follows: troit said at a service in her honor, standing, the senior Senator from Vir- S. 1285 ‘‘She stood for what was right, by sit- ginia, Senator JOHN WARNER, for tire- Be it enacted by the Senate and House of Rep- ting down.’’ This act inspired further lessly working with me for more than 3 resentatives of the United States of America in acts of civil disobedience and earned years to achieve this honor for Judge Congress assembled, her the title of the ‘‘mother of the civil Bryant. I am deeply grateful as well to SECTION 1. DESIGNATION OF ROSA PARKS FED- rights movement.’’ Senate Judiciary Committee ranking ERAL BUILDING. The Federal building located at 333 Mt. El- Hers is an example that we should member PATRICK LEAHY, who also was liott Street in Detroit, Michigan, shall be commend to our children and our particularly conscientious in pressing known and designated as the ‘‘Rosa Parks grandchildren, an example of fortitude for this honor for Judge Bryant. Federal Building’’. and resolution to do what is right, even I spoke last Wednesday, Mr. Speaker, SEC. 2. REFERENCES. when it meant great risk to her per- concerning the events that led Rosa Any reference in a law, map, regulation, sonal safety. She is truly deserving of Parks to challenge the daily humilia- document, paper, or other record of the this honor we are bestowing today. tion of Montgomery, Alabama’s black United States to the Federal building re- We are also here to honor Judge Wil- residents who were required to pay ferred to in section 1 shall be deemed to be liam B. Bryant, a Federal judge in the their bus fare to the driver, then get off a reference to the ‘‘Rosa Parks Federal and reenter through the rear door, and Building’’. U.S. District Court for the District of then relinquish their seats and move to SEC. 3. DESIGNATION OF WILLIAM B. BRYANT Columbia. Judge Bryant was the first ANNEX. African American to be named Chief the back of the bus upon the demand of The annex, located on the 200 block of 3rd Judge of the United States District any white passenger. Since then, Con- Street Northwest in the District of Colum- Court for the District of Columbia. gress has broken with precedent and bia, to the E. Barrett Prettyman Federal Though born in Alabama, William voted to allow Rosa Parks to lie in Building and United States Courthouse lo- Bryant moved with his family to Wash- honor in the Capitol Rotunda, and she cated at Constitution Avenue Northwest in ington, D.C., at the age of 1 and made did so just a few days ago, the first the District of Columbia shall be known and D.C. his home for the past 92 years. woman and only the second African designated as the ‘‘William B. Bryant Annex’’. After serving in the United States American who has been accorded this SEC. 4. REFERENCES. Army and attending Howard Univer- honor. In so doing, the United States of Any reference in a law, map, regulation, sity, he began his legal career working America recognized the unique and ex- document, paper, or other record of the in private practice and as an Assistant traordinary contribution of Rosa Parks United States to the annex referred to in sec- U.S. Attorney for the District of Co- to her country. Her simple act of civil tion 3 shall be deemed to be a reference to lumbia. Judge Bryant was appointed to disobedience in refusing to relinquish the ‘‘William B. Bryant Annex’’. the United States District Court by her seat on demand from a white man The SPEAKER pro tempore. Pursu- President Lyndon Baines Johnson and on a segregated bus was the functional ant to the rule, the gentleman from was later named Chief Judge. His ap- equivalent of a nonviolent shot heard Pennsylvania (Mr. DENT) and the gen- pointment to the bench was monu- around the world. tlewoman from the District of Colum- mental during the civil rights move- Fifty years later, time may blur the bia (Ms. NORTON) each will control 20 ment, as African Americans struggled enormous personal risk Rosa Parks minutes. for rights as full and equal citizens of took on in America in 1955. During our The Chair recognizes the gentleman this Nation. country’s tragic racial history, black from Pennsylvania (Mr. DENT). During the civil rights movement, men had been lynched for less. Griev- GENERAL LEAVE Rosa Parks and Judge Bryant were ances like those of African Americans Mr. DENT. Mr. Speaker, I ask unani- viewed as heroic icons by African after 400 years of slavery and mous consent that all Members may Americans. Today, they are recognized humiliating discrimination had been have 5 legislative days within which to and remembered by people of all races resolved by violent revolution through- revise and extend their remarks and infor not only the effect they have on the out human history. clude extraneous material on S. 1285. civil rights movement but also for Our country is enormously in Rosa The SPEAKER pro tempore. Is there their subsequent accomplishments. Parks’ debt because the revolution objection to the request of the gen- I believe this is a fitting honor to a that led to the end of government and tleman from Pennsylvania? woman whose actions helped transform legally sanctioned discrimination There was no objection. and improve our society and to a dis- began with a nonviolent revolutionary Mr. DENT. Mr. Speaker, I yield my- tinguished jurist who has served our act, setting an example that endured. self such time as I may consume. Nation for over 40 years. So brave was her act in the South in S. 1285 honors two Americans by des- I support this legislation, and I en- 1955 that even those of us who were ignating buildings in their honor. This courage my colleagues to do the same. young, in school, and had nothing to bill designates the Federal building lo- Mr. Speaker, I reserve the balance of lose did not engage in the first sit-ins cated at 333 Mt. Elliott Street, Detroit, my time. until 5 years later. The act of one Michigan, as the ‘‘Rosa Parks Federal Ms. NORTON. Mr. Speaker, I yield woman finally led to the mass civil Building,’’ and the annex of the E. Bar- myself such time as I may consume. rights movement, the missing ingre- rett Prettyman Federal Building and I thank the gentleman for bringing dient in the civil rights struggle. This Courthouse located in the District of forward this bill; and I rise in strong movement was Rosa Parks’ special gift Columbia as the ‘‘William B. Bryant support of S. 1285, a bill to designate to her people and to those who joined Annex.’’ the Federal building located at 333 Mt. them, especially the residents of the

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.030 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9491 District of Columbia, who still feed For his representation of criminal de- I hope all friends of freedom will draw inspira- from her inspiration to achieve equal- fendants in private practice, Judge tion from the example of Rosa Parks. ity with other Americans, including Bryant was admired as one of the city’s Mr. OBERSTAR. Mr. Speaker, I rise in equal voting rights in the Congress of best and most respected trial lawyers. strong support of S. 1285, a bill to designate the United States. Among his many notable cases is the a Federal building in Detroit, Michigan, as the In an era of peacock leaders who landmark Mallory v. United States, a ‘‘Rosa Parks Federal Building’’ and to des- strut their stuff, her selfless example is 1957 Supreme Court decision where the ignate the annex of the Prettyman Federal an especially important guide. In great Court ruled that an arrested person Building and U.S. Courthouse in Washington, humility, Rosa Parks’ gift was not the must be promptly brought before a ju- D.C., as the ‘‘William B. Bryant Annex’’. message that ‘‘I am doing this to free dicial officer. Rosa Parks is known as the ‘‘mother of the you.’’ Her message was far more direct: Judge Bryant was born in Wetumpka, civil rights movement’’. With one single act of ‘‘Free yourself.’’ It is with gratitude Alabama, but grew up in this city and defiance—when she refused to give up her that we bring this bill forward today in graduated from D.C. public schools, seat on the Cleveland Avenue bus in Mont- that spirit. Howard University, and Howard Law gomery, Alabama—she galvanized a Nation The honor for Judge William Bryant School where he was first in his class. and changed the course of history. On De- has an unusual origin indeed. The Chief After graduation, Judge Bryant served cember 1, 1955, Mrs. Parks was sitting in the Judge of the United States District as chief research assistant to Dr. Ralph middle row of the bus with three other black Court for the District of Columbia, Bunche when Bunche worked with riders. The bus driver demanded that all four Judge Hogan, for himself and all the Gunnar Myrdal, the famous Swedish give up their seats so that a single white man members of the trial court, visited my economist, in his studies of African could sit. Three of the riders complied. Mrs. office to request that the annex under American racial issues. Judge Bryant Parks remained seated. construction for the E. Barrett served in the United States Army dur- It is important to keep in mind that what is Prettyman Federal building be named ing World War II and was honorably often remembered as a quiet act of civil dis- for a senior U.S. judge, Judge William discharged as a lieutenant colonel in obedience took tremendous personal courage. B. Bryant. Judge Bryant was unaware 1947. Blacks at that time had been arrested, and of the desires and actions of his col- The judge, who is 94, took senior sta- even beaten or killed, for refusing to follow the leagues, who unanimously agreed to re- tus in 1982. Chief Judge Thomas Hogan orders of bus drivers. Rosa Parks was ar- quest that the annex be named for the wrote that Judge Bryant ‘‘lost his be- rested, jailed, and fined $14. judge. It is rare that Congress names a loved wife, Astaire, and now lives alone As Mrs. Parks herself has said in the years courthouse or an annex for a judge who with this court and the law as the cen- following that pivotal moment, she hadn’t has served in that court and even more ter of his life.’’ planned on taking a stand that day. She rare for a judge who is still sitting. This unusual request from all the hadn’t planned on becoming the face of the in- All who have been involved in this ef- judges of the court gives this designa- justices of segregation. She had simply had fort recognize and agree that giving an tion great credibility. I am grateful to enough. She was tired of being treated like a honor to a sitting judge has been the judges of our U.S. District Court second-class citizen. She had had enough. Mrs. Parks’ act of courage sparked the civil granted in the past but only rarely and here for the thoughtful proposal that rights movement. A boycott of the public should be reserved only for the most honors a Washingtonian and a lawyer buses was organized for Monday, December extraordinary of judges. Judge William of historic proportions. I very much ap- 5, the day of Mrs. Parks’ trial. The Reverend Bryant is such a judge. preciate the many efforts of my friends Martin Luther King, Jr., then a young preacher b 1600 in the Senate, especially Senators War- who was only 26 years old, organized the boy- I am particularly grateful to this ner and Leahy, in helping me to get cott. The boycott lasted 381 days, ending only House which early understood the this bill through both Houses. I espe- after the Supreme Court outlawed segregation unique importance of Judge Bryant’s cially appreciate the leadership of this on buses. It captured the attention of the Na- contributions and unhesitatingly House who went to extraordinary tion and forced people to confront the inequal- passed this bill last session. lengths to make sure that this bill ities that were then commonplace. The civil Judge Bryant’s colleagues who know would be accomplished. rights movement ultimately led to the passage The residents of this city and the his work and his temperament best of the landmark Civil Rights Act of 1964, have found a particularly appropriate court that Judge Bryant has served so which banned racial discrimination in public way for the court, the bar, our city, well, and members of the bar here, join accommodations, and the Voting Rights Act of and our country to celebrate the life me in gratitude for this tribute. We are 1965. and accomplishments of a truly great all especially pleased to see two nota- Rosa Parks is an American icon. By refus- judge. I know Judge Bryant personally. ble African Americans celebrated to- ing to give up her seat on that Montgomery I know his reputation in this city and gether in this House today in this spe- bus, she changed the course of history. This in the law, and I know that the request cial way. honor is long overdue. to name the annex for Judge Bryant re- Mr. PAUL. Mr. Speaker, I support S. 1285, Mr. Speaker, Rosa Parks was 92 when she flects deep respect for his unusually a bill naming a federal building in Detroit, died. Her funeral was today. I’m only sorry distinguished life at the bar. Michigan after Rosa Parks and I join my col- that we could not have passed this bill while Judge Bryant began his career in pri- leagues in paying tribute to Mrs. Parks’s cour- Mrs. Parks was still alive. Although she suf- vate practice in the segregated Wash- age and high ideals. Rosa Parks’s simple act fered from dementia in her later years, I be- ington of the 1940s and 1950s when Afri- of refusing to get up from her seat to comply lieve that she would have understood and ap- can American lawyers were barred with an unjust law inspired a movement that preciated such recognition from the United from membership in the District of Co- brought an end to state-mandated racial seg- States Congress. lumbia Bar Association and even from regation. Mrs. Parks was inspired to challenge The strength and presence of a Federal using the bar law library. He estab- government power by her conviction that laws building perfectly captures the character and lished his legal reputation as a partner that treated African-Americans as second- personality of this icon of the civil rights move- of the legendary African American law class citizens violated the natural rights all hu- ment. It is fitting and just that her life and pub- firm, Houston, Bryant & Gardner, and mans receive from their creator—rights which lic accomplishments are acknowledged with taught at Howard University Law no government can justly infringe. this designation. School. His reputation as an extraor- Rosa Parks’s use of peaceful means of civil Mr. Speaker, I also support the provision of dinary trial lawyer led to his appoint- disobedience to challenge unjust laws stands this bill to designate the annex to the ment as the first African American As- as a shinning example of how peaceful Prettyman Federal Building and U.S. Court- sistant United States Attorney for the means, such as civil disobedience and boy- house in Washington, D.C., as the ‘‘William B. District of Columbia. He later rose to cotts, can overcome seemingly insurmount- Bryant Annex’’. I thank the Gentlewoman from become the first African American to able obstacles and advance the cause of lib- the District of Columbia (Ms. NORTON), Rank- serve as chief judge of the United erty. The example of Rosa Parks shows how ing Democratic Member of the Subcommittee States District Court, whose members an individual with the courage and conviction on Economic Development, Public Buildings, now ask that the annex be named for to stand alone against injustice can make a and Emergency Management, for her stead- Judge Bryant. difference by inspiring others to take a stand. fastness and support for naming the annex for

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K02NO7.032 H02NOPT1 H9492 CONGRESSIONAL RECORD — HOUSE November 2, 2005

Judge Bryant. In the last Congress, Ms. NOR- the man said, ‘‘that people get tired. We are The SPEAKER pro tempore. The TON was instrumental in House consideration here this evening to say to those who have question is on the motion offered by of H.R. 4294, a bill to name the annex for mistreated us for so long, that we are tired, the gentleman from Virginia (Mr. Judge Bryant. Unfortunately, the Senate did tired of being segregated and humiliated, tired WOLF). not consider the bill. In this Congress, Ms. of being kicked about by the brutal feet of op- The motion was agreed to. NORTON introduced H.R. 1015 to continue her pression.’’ The name of that young man MOTION TO INSTRUCT OFFERED BY MS. effort to honor this distinguished jurist. spurred to action by Rosa Parks was Dr. Mar- SCHWARTZ OF PENNSYLVANIA Judge Bryant is 94 years old, and is leg- tin Luther King, Jr. Ms. SCHWARTZ of Pennsylvania. Mr. endary in District legal circles. He practiced Rosa was found guilty that very same day Speaker, I offer a motion to instruct law in the 1940’s and 1950’s when the city of breaking the city’s segregation law. It was conferees. was segregated. He could not join the D.C. over 50 years ago that Rosa Parks chose to The Clerk read as follows: Bar Association or use its facilities. Yet, he peacefully but willfully stand up—or rather sit Ms. SCHWARTZ of Pennsylvania moves that has achieved great stature as a trial lawyer down—against the abhorrent laws that seg- the managers on the part of the House at the and enjoys an enviable reputation. conference on the disagreeing votes of the regated this country. Let us honor and cele- two Houses on the Senate amendment to the Judge Bryant is a lifelong D.C. resident who brate what Rosa Louise Parks helped this bill, H.R. 2862, be instructed to insist on the attended D.C. public schools and Howard Uni- country accomplish half a century ago by urg- House level for the Small Business Adminis- versity Law School, where he graduated first ing for this federal building be named in her tration’s Business Loan Program Account in his class. He began his legal career in pri- honor. But let us also remember that her fight and recede to the Senate on Section 525 of vate practice in the District with the legendary is not over. Let this building, the ‘‘Rosa Parks the Senate amendment. African American law firm of Houston, Bryant Federal Building,’’ stand as a pillar of remem- The SPEAKER pro tempore. Pursu- and Gardner. In 1965, he was nominated by brance for this and future generations. Let this ant to clause 7 of rule XXII, the gentle- President Johnson to the federal bench and building always remind us of the battle she woman from Pennsylvania (Ms. confirmed by the Senate later that year. Judge fought for freedom and equality, and the bat- SCHWARTZ) and the gentleman from Bryant is the first African American to hold the tles still being fought here and across the Virginia (Mr. WOLF) each will control post of Chief Judge for the U.S. District Court world today. 30 minutes. for the District of Columbia. I support the proposed resolution for the The Chair recognizes the gentle- During his long, productive legal career foregoing reasons, and I urge my colleagues woman from Pennsylvania (Ms. Judge Bryant also served as the first African to follow suit. SCHWARTZ). American Assistant U.S. Attorney for the Dis- Ms. NORTON. Mr. Speaker, I yield Ms. SCHWARTZ. Mr. Speaker, I yield trict of Columbia, and taught at Howard Uni- back the balance of my time. myself such time as I may consume. versity Law School. Mr. DENT. Mr. Speaker, I yield back The motion the gentleman from New The judges of the U.S. District Court for the the balance of my time. York and I are offering has two parts. District of Columbia unanimously agreed to The SPEAKER pro tempore (Mr. First, it calls for maintaining the Sen- name the annex in honor of Judge Bryant and FOLEY). The question is on the motion ate-passed provision requiring the Fed- approached Congresswoman NORTON and offered by the gentleman from Penn- eral Trade Commission to investigate Senator JOHN WARNER for their help. For the sylvania (Mr. DENT) that the House gasoline prices and determine if price past several years, Ms. NORTON and Senator suspend the rules and pass the Senate gouging is occurring; and, secondly, it WARNER have worked to overcome Senate ob- bill, S. 1285. supports allocating $79 million for the jections to naming the annex in honor of The question was taken; and (two- Small Business Administration 7(a) Judge Bryant because he continues to serve thirds having voted in favor thereof) loan program, the same level of fund- in active, senior status. the rules were suspended and the Sen- ing provided last year and the same It is an extraordinary testament to Rosa ate bill was passed. level supported by 234 Members of the Parks that, even in her death, her work is not A motion to reconsider was laid on House this year. done. The bill to honor her became the the table. First, Mr. Speaker, with regard to gasoline prices. Last week, oil compa- unstoppable legislative vehicle to ensure that f Judge Bryant, this extraordinary African Amer- nies announced record high third quar- ican jurist, be honored with this designation GENERAL LEAVE ter profits. Exxon-Mobil corporation while he is still living. Mr. WOLF. Mr. Speaker, I ask unani- posted more than $9 billion in profits, I strongly support S. 1285 and urge my col- mous consent that all Members may the largest amount ever by a U.S. com- leagues to join me in honoring these leg- have 5 legislative days in which to re- pany. Royal Dutch Shell Group gen- endary American heroes. vise and extend their remarks and in- erated $9 billion, an increase of 68 per- Ms. JACKSON-LEE of Texas. Mr. Speaker, clude extraneous material on the mo- cent over last year. ConocoPhillips I rise in support of the proposed legislation tion to instruct on H.R. 2862. made $3.8 billion, an increase of 89 per- ‘‘To designate the Federal building located at The SPEAKER pro tempore. Is there cent over last year. British Petroleum 333 Mt. Elliott Street in Detroit, Michigan, as objection to the request of the gen- brought in $6.53 billion, up from almost the ‘Rosa Parks Federal Building’.’’ tleman from Virginia? $5 billion last year. More than 50 years ago, on December 1, There was no objection. All told, these profit levels have put 1955, Rosa Parks boarded her normal bus f the world’s five largest publicly traded home and sat down in one of the ‘‘colored’’ oil companies on track to earn more MOTION TO GO TO CONFERENCE aisles toward the back of the bus. Soon, the than $100 billion before year’s end. Yet, ON H.R. 2862, SCIENCE, STATE, bus began to fill, and Rosa was ordered to va- at the same time that Big Oil’s bottom JUSTICE, COMMERCE, AND RE- cate her seat to accommodate the white pas- line is going up, so are Americans’ en- LATED AGENCIES APPROPRIA- sengers. She simply but stubbornly refused. ergy costs. This year, the average This peaceful act of protest sparked a city- TIONS ACT, 2006 American family will pay $4,500 to wide boycott of the bus system by the African Mr. WOLF. Mr. Speaker, pursuant to meet their energy needs, up nearly 19 American community. Men, women and chil- clause 1 of rule XXII and by direction percent from last year. These increases dren of Montgomery, Alabama refrained from of the Committee on Appropriations, I in cost are reflected in 30 to 70 cents riding the bus and instead either walked, rode move to take from the Speaker’s table per gallon cost of gasoline. These in- their bikes or carpooled to work. In an impres- the bill (H.R. 2862) making appropria- creases mean that everyday Americans sive show of strength and courage, the boy- tions for Science, the Departments of are likely to pay double-digit increases cott endured for over a year, and people State, Justice, and Commerce, and rein home heating oil and costs this win- across the nation joined with those in Mont- lated agencies for the fiscal year end- ter. From my own constituents in gomery. After 381 days, the City bus line fi- ing September 30, 2006, and for other northeast Philadelphia and Mont- nally relented and desegregated the buses. purposes, with Senate amendments gomery County, these increases are se- Four days after the initial incident on the thereto, disagree to the Senate amend- riously affecting their budgets and bus, a young man stood up in front of a large ments, and agree to the conference forcing them to stretch their hard- audience, having just been appointed as the asked by the Senate. earned dollars even further than they head of the boycott: ‘‘There comes a time,’’ The Clerk read the title of the bill. have before.

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.016 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9493 Mr. Speaker, Americans believe that Ms. SCHWARTZ of Pennsylvania. A lending to rural areas is up by 10 per- private enterprises, American busi- very nice place to live. cent. People are talking about the def- nesses, have the right to earn profits Mr. WOLF. My father was a Philadel- icit, and we are talking about going on the products that they sell; but phia policeman, and so I know your after it to make sure the gouging Americans also want to know whether area very, very well; and I am glad you stops, and now we are going to help the oil companies during a time of national offered this. bankers to do this. emergency and national sacrifice are However, on the other segment of it, I wish we could have split these off. I making egregious profits at their ex- and I am going to urge Members to just would have been excited about your pense. They want to know why they support this, on the 7(a) subsidy, I real- first one, would have spoken for it, are paying record high gas prices at the ly do not think that is a very good would have put my name down for it if same time that oil refiners’ profits are idea. The program is running strong. you would have had me as a cosponsor, going up more than triple over last We do not need to provide the subsidy but on subsidies to bankers, I just do year, and they want to know why the and take critically needed funds that not understand it in these days of high cost of gasoline is rising faster than could be used to combat terrorism, es- deficits. Just look at the profits. Why the actual price of crude oil, and they pionage, drugs, gangs, secure our State would we give the banks this subsidy? want to know why Congress has failed Department embassies, consulates So, with that, I urge my colleagues, to examine these questions or to act on overseas, providing funding to invest in particularly because of the gentle- their behalf. NASA and sciences. Members from woman’s first part of the amendment, The gentleman from New York and I your side who have asked and been ap- to support the motion; and I will vote believe that we ought to provide our proaching us, if we were to do this, we for it. But I just wanted the Record to constituents with the answers to their would take away from almost every show that, on the second part, wow, questions and to take action, and that one of these programs and many of the not a good idea. is what our motion is about. It would programs your Members have come and Mr. Speaker, I reserve the balance of ensure that the Federal Trade Commis- we have in a good spirit of bipartisan my time. Ms. SCHWARTZ of Pennsylvania. Mr. sion investigates the profits of all en- tried to work to help them. Speaker, I yield 4 minutes to the gen- ergy companies at every level of the The 7(a) program has been operating tleman from New York (Mr. BISHOP). process, the refiners, the producers, the at record levels without a subsidy ap- distributors, and the direct sales com- Mr. BISHOP of New York. Mr. Speak- propriation since the beginning of fis- er, I thank my colleague, the gentle- panies; and it would result in rec- cal year 2005. The SBA administrator ommendations to Congress on actions woman from Pennsylvania, for yielding continues to assure us that the pro- and for her leadership on this motion needed to protect consumers from price gram is running strong. I have a letter gouging. to instruct the conferees. I will confine from him confirming the success of re- My colleagues, hardworking Ameri- my remarks to the price-gouging com- designing the 7(a) program so that it cans are looking to Congress to take ponent of the motion to instruct. immediate action and meaningful steps does not require a subsidy appropria- After two bites of the apple, this Con- to combat price gouging. The FTC tion. Media reports all over the coun- gress is running out of opportunities to study will examine the costs of the dra- try have touted the recent success of prove to the American people that we matic increases in energy costs and the 7(a) lending program. Headlines will stand in their corner as the oil and will provide us with a road map on how from the Chicago Tribune and the Cin- gas companies continue a campaign of best to address this problem now and cinnati Business Carrier state: the SBA price-gouging in the wake of human over the long term. My colleagues, a program looks sound and stable. Fund- suffering. vote for the Schwartz-Bishop motion is ing turns banks on to SBA lending. Twice in this session, we have given also a vote to make sure that our Na- The SBA guaranteed 88,912 loans in away tax breaks to the oil and gas tion’s small businesses succeed. Small fiscal year 2005, an increase of 22 per- companies amounting to $14.5 billion businesses are vital contributors to our cent increase over the previous year. In and $2 billion, respectively. The most economy. They are the economic en- fact, lending at every segment of the recent was passed just in time for Hal- gine that is creating jobs, exploring in- population, including women and mi- loween, a treat for BP, Exxon-Mobil, novation, and expanding opportunities norities, is up from last year’s levels. and Conoco, but a bad trick on the for Americans in every community Lending to minorities is up 23 percent, American families. across the Nation. The Small Business lending to women is up 42 percent, Exxon-Mobil reaped profits of almost Loan program is a proven job creator, lending in rural areas is up 10 percent. $10 billion this quarter alone. We have and should be continued. In summary, Mr. Speaker, it is not heard the gentlewoman from Pennsyl- Mr. Speaker, the Federal Govern- necessary to provide a subsidy appro- vania talk about these numbers, but ment has an obligation to ensure our priation for the 7(a) loans program. they are so astounding that they bear national security, promote oppor- With everyone expressing their interest repeating. This is a record-breaking tunity, and build economic prosperity. in the deficit, and while I want to com- amount for an American company and The Schwartz-Bishop motion would do mend the gentlewoman for the first represents a 75 percent increase over that by helping to protect American part of this motion to instruct with re- the same period last year. consumers and cultivating small busi- gard to the gasoline price, on the other Shell rang up profits that rep- nesses. With this in mind, I urge my one, and I know this is not the inten- resented a 68 percent increase, just colleagues to support the Schwartz- tion of the author of it, this is a sub- over $9 billion. Bishop motion. sidy for banks. Here we are in one half I would be remiss in failing to con- Mr. Speaker, I reserve the balance of of the amendment we want to do what gratulate the shareholders of my time. is good by looking at the oil compa- ConocoPhillips, whose dividends will Mr. WOLF. Mr. Speaker, I yield my- nies. Now, on the other half of the soar after an almost 90 percent in- self such time as I may consume. amendment, we want to give the bank- crease from last year’s quarterly earn- Mr. Speaker, I support a study on gas ing lobby a victory. Why would we ings. price gouging and want to thank my want to give the banking lobby, and I Now there is nothing wrong with colleagues on the other side of the aisle have seen some of the memos that have healthy profits. In fact, they are what for offering this motion to instruct. I gone back and forth with regard to the this Nation and the world’s greatest am very concerned, as I know every banking lobby, why would we want to economy are built on. But when profits Member is over here, with regard to give the banking lobby, who have come at the expense of American fami- high gas prices and their impact on the record profits at this time, a subsidy of lies, and when profiteering is clearly country; and I believe that the Con- 79 some million dollars? reflected by a company’s bottom line, gress needs to address this issue. So I then there is something very wrong, thank the gentlewoman from Mont- b 1615 and that is when it is time for us to do gomery County, actually I used to live I just do not understand it. Lending our job to protect consumers. in Montgomery County, Ardmore. Do to minorities is up by 23 percent, lend- These profits were being earned just you know where Ardmore is? ing to women is up by 42 percent, and as the major oil companies claimed

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.035 H02NOPT1 H9494 CONGRESSIONAL RECORD — HOUSE November 2, 2005 they needed more incentives to expand about keeping costs down for the not doing better. Small businesses now refining capacity after Hurricane American people. Whether it be pro- pay double what they paid last year to Katrina. Almost immediately, this tecting prices at the gas pump against get a loan. Of course, the Small Busi- House responded by passing the so- price-gouging or ensuring entre- ness Administration is going to say called Gasoline for America’s Security preneurs have access to affordable that they are doing more loans, but Act, which rolled back environmental loans, the bottom line is that we must they are not telling us that those loan laws and opened Federal lands and work to relieve our citizens of rising sizes are much, much smaller. Loans coastal waters to drilling and explo- costs. are much smaller, even though the cost ration. For aspiring entrepreneurs and small of operating a business are much high- While the public was pleading for re- business owners, access to capital is ac- er, and fewer and fewer lenders are par- lief from profiteering corporations, the cess to opportunity. Unfortunately, ticipating in the program. majority actually reduced penalties for right now, businesses all over the coun- This is not a program that is doing price-gouging. Let me say that again. try are seeing their capital options better. The African-American business This House voted to weaken price- dwindle. At the same time, the typical owner gets half the loan size than in gouging laws at a time when the public small business owner is paying thou- mainstream business. Is that minority was paying almost an average of $3 a sands more than they did last year to businessperson doing better when they gallon. receive a loan. are getting half the loan size that a Clearly, our failure to do the right The simple economics of this are that mainstream business gets? I do not thing then contributed to the spike in if a small business has to give the gov- think so. gas prices and the exorbitant increases ernment more of their money, not to I would urge my colleagues to vote in the oil companies’ bottom lines. the banks, like the chairman inferred, ‘‘yes’’ on the Schwartz-Bishop motion That is why my colleagues, Mr. STU- but to the Federal Government, then to instruct conferees. PAK, Mr. DINGELL, Ms. SCHWARTZ, and I they have less to invest into their busi- Ms. SCHWARTZ of Pennsylvania. Mr. offered a substitute to create a stra- ness and less to create jobs. This is a Speaker, I yield myself such time as I tegic refinery reserve expanding refin- loss our country simply cannot afford may consume. ing capacity and, perhaps most impor- today. Mr. Speaker, small businesses, large tantly, increasing price-gouging pen- By not funding the largest long-term corporations, schools, families, every- alties. lending initiative for small businesses, one is worried about how they are As winter approaches, families will the 7(a) loan program, this is exactly going to cover their energy costs this struggle to put food on the table and what is happening. In a little more year. Recent efforts to address this heat their homes. Still, we keep hear- than a year, costs for lenders and bor- issue have failed. We cannot allow an- ing the same rhetoric from the other rowers have increased by 110 percent. other opportunity to bring relief to side that free enterprise is the answer These new program costs have already consumers to go by. We owe Americans to every one of our Nation’s problems, resulted in the termination of impor- an examination of current gasoline and it is the great equalizer that tant programs that direct capital to prices and ways to bring down these should be applied to every challenge. rural areas and minority businesses. costs, and we owe small businesses our But Hurricane Katrina exposed The situation will only worsen if Con- commitment to help them grow and vulnerabilities that still exist in the gress fails to provide funding. succeed. energy market, a problem that is com- This winter, it is projected that there Mr. Speaker, my motion is simple. It pounded by the administration’s en- will be yet another round of fee in- is about ensuring our Nation’s eco- ergy policy. creases. In addition, the program will nomic well-being, it is about pro- Consequently, it makes little, if any, feel even greater cost pressures as the tecting the financial security of hard- sense that we gave away one of the impact of Hurricane Katrina starts to working Americans, and it is about most generous corporate welfare pack- bear down. In the gulf region today, promoting the continued success of ages bestowed on any industry in the there are over $2 billion in SBA loans. America’s small business. form of the last two energy bills. This Even OMB acknowledges that signifi- I appreciate the chairman’s support is precisely why we must vote to in- cant loan defaults will occur as a result on this motion to instruct, and I urge struct the Science-State-Justice-Com- of this year’s hurricanes. In fact, some all of my colleagues to vote ‘‘yes’’ on merce conferees to adopt the Senate estimates place this amount as high as the Schwartz-Bishop motion to in- position directing the FTC to inves- $500 billion. The program costs that struct. tigate price-gouging and other forms of will result will not only affect those Mr. Speaker, I yield back the balance market manipulation. firms in the gulf region but will impact of my time. Before we vote next week to slash the businesses in every district across the Mr. WOLF. Mr. Speaker, I am not budget for food stamps or Medicaid or country as the cost to cover these going to take a lot of time, but I think student aid, let us make sure we at loans rises. it is important for the Record to dem- least give American families a break at Without an appropriation, the only onstrate I think Members should vote the pump by voting for this motion to way to cover this additional cost will ‘‘aye’’ on this instruction. instruct. Now is the time we must act, be through more fee increases. Unfor- There were $2 billion more in loans, to prove the interests of middle-class tunately, in a little over a year, we though, this year than last year. The Americans are paramount, not the oil have run out of room to increase fees. Record has to demonstrate this. It was companies. Let us put an end to price- The results will be program caps, lim- $12 billion, then to $14 billion. It went gouging once and for all. Let us not let its on program size, and even the possi- from $12 billion to $14 billion. When we another opportunity go by without giv- bility of a shutdown next year. This is say it is not for the banks, and I am ing middle-class families the relief something our Nation’s small business not saying that is your intention, let they so desperately need and deserve. owners should not have to endure. me just stipulate, I do not believe it is Mr. Speaker, on price-gouging, the Clearly, spending decisions are dif- your intention. But let me just read House is down by two strikes. This mo- ficult. However, on this, we should not you what it is saying here. tion makes sure we do not strike out. be penny wise and dollar foolish, and This is an article from the Chicago If we want to do the right thing for that is exactly what this body will be Tribune. ‘‘Clearly there were Members America and the American taxpayers doing by eliminating the funding for a of Congress that felt this program was here and now, vote for this motion to program that makes up less than two- worthy of receiving an appropriation,’’ instruct. tenths of a percent of the entire bill said James Ballentine, Director of Ms. SCHWARTZ of Pennsylvania. Mr. but provides 30 percent of all long-term Community and Economic Develop- Speaker, I yield 5 minutes to my col- lending for small businesses and is a ment of the American Bankers Asso- league from New York (Ms. proven job creator. ciation. VELA´ ZQUEZ). I just would like to say to the chair- It was the bankers. You did not get Ms. VELA´ ZQUEZ. Mr. Speaker, to- man, how could we say that the pro- any letter from small businesses ask- day’s motion to instruct conferees is gram is doing better? The program is ing for this. It is the bankers. It is the

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.038 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9495 bankers. And the inconsistency of deal- and my district, why you are taking conference on the Science, State, Justice ing with the one thing which I honor money from the FBI to give money to and Commerce (SSJC) and Commerce, Jus- you and say great, but this was the bankers so we do not have money for tice, and Science (CJS) appropriations bills, we wanted to bring to your attention an bankers. The loans are up. So I think the FBI to do what they are doing. issue that is of critical importance to small truth has to demonstrate that the So I was going to ask, can we split businesses and small business lenders, and to loans are really up. It is $2 billion these things out and give you an oppor- request your assistance in ensuring that this more. tunity to offer both? I understand that Nation’s entrepreneurs have access to afford- We are always talking about low- we cannot. I do not think you want it able capital through an adequately funded ering the deficit and reducing spending. down on the record that you supported small business lending program. The Small Last year, the Congress reconfigured taking $79 million out of the National Business Administration 7(a) program sup- and the chairman of the committee, Science Foundation or out of the FBI ports nearly one-third of all long-term capital financing for our Nation’s small busi- Mr. MANZULLO, supported this. So why or out of embassy security so we can nesses. Notably, both the House and Senate would we want to turn our backs on give money to the banking lobby. That have included funds in their FY 2006 appro- successful reform? We have a stable is just not a good vote. priations bills for the 7(a) program. As the program. Ms. VELA´ ZQUEZ. Mr. Speaker, will House and Senate are preparing to go to con- I would like to submit, if I may, for the gentleman yield? ference on SSJC–CJS, we are writing to ex- the RECORD, the articles from the Busi- Mr. WOLF. I yield to the gentle- press our strong support for the modest fund- ness Courier and also the Chicago Trib- woman from New York. ing of this vital program. ´ The fees associated with the 7(a) program une saying that the Small Business Ad- Ms. VELAZQUEZ. Mr. Speaker, I are becoming prohibitively expensive for ministration’s Federal funding is on thank the gentleman for yielding. both small business borrowers and lenders. more stable footing this year than it Let me just say for the record that I For FY 2005, the full cost of the program was was last year. ‘‘That gives lenders am here not to do the job for banks. I shifted to small businesses and their lenders more confidence in making SBA am here to fight to protect small busi- through a series of fee increases. As a result, loans,’’ said Michael Shepherd, Fifth nesses, small businesses that create 99 small businesses are being forced to pay sub- Third Bancorp’s SBA national man- percent of the jobs in this country. stantial upfront fees to use the program— And let me say, Mr. Speaker, that I more than $2,000 for a small loan and nearly ager. So they are up, and it has $16,000 for a mid-size loan. For smaller loans will include in the RECORD the letter worked. of less than $150,000, fees are doubled, which Members on both sides want to deal sent to the gentleman from Virginia translates into nearly $1,500 more in upfront with the deficit. I think the gentle- (Mr. WOLF) and to the ranking member closing costs for entrepreneurs. For a loan of woman from Montgomery County has a of the committee, the gentleman from $700,000, this increase would raise the fees by good thing. West Virginia (Mr. MOLLOHAN). approximately $3,000 and for larger loans this With regard to the oil prices on the Mr. Speaker, that contains 25 groups. fee can approach $50,000. 7(a) and what we have been doing about They are not banks. They are the Na- These fee increases are making it more ex- tional Small Business Association, the pensive for lenders to lend and businesses to that, I would just say, working with borrow. As a result, many small businesses— the minority on your side on the National Black Chamber of Commerce, particularly those in the areas affected by money that we have saved from this, the National Association of Conven- Hurricane Katrina—may be unable to access we have helped you on other things. ience Stores, the National Association the capital they need to hire new employees And there is, as my mother used to say, for the Self-employed, American Soci- or expand their operations. Most recently, there is not a money tree; it just ety of Travel Agents, and the list goes actions have been taken that have made the reaches a certain point. So with the on and on. These are 25 national groups program more costly and less accessible to money that we have saved from this in support of restoring the funding for small businesses. On October 1st, a third fee increase was levied on the program’s partici- with additional loans, $2 billion, not the 7(a). And let me just also say to you, sir, pants—making 7(a) loans more costly than just $1 million, $2 billion more, we have ever. And, in an attempt to cut the pro- actually helped programs that you all that the SBA is going to claim that gram’s costs, the SBA eliminated the pop- are interested in. they are doing record levels, of course, ular 7(a) LowDoc program, which has been a We have increased the National because the numbers that they are key initiative used by community banks and Science Foundation. Do you want to using, they are comparing their num- rural small businesses. take away from the National Science bers when the program was shut down We are also concerned about the impact of Gulf Coast hurricanes on the program, as Foundation? Hello. Go back to Mont- by SBA. But comparing the last two quarters, SBA lending is actually de- SBA’s loan portfolio contains more than $2 gomery County and tell them you are billion in loans to businesses in hurricane-af- cutting funding for sciences, for math, clining by nearly $50 million in the last fected areas. There is the potential that a for chemistry, for biology. Tell them quarter alone. sizeable portion of these loans will default, that. They would not want to cut that And when comparing the fourth quar- leading to increased program costs. Without out. That is what we did with this. ter 2005 to the fourth quarter 2004, SBA a 7(a) appropriation, the only possibility to We put it in NSF loans. We put it in has done $150 million less in lending to cover these increased program costs will be NASA with regard to education. We small businesses. SBA claimed that to raise fees on small businesses and lenders, put it into the Jason program that Dr. they would do $16 billion, but they place a cap on the program or on loan size, were $2 billion below for fiscal year or, in the worst case scenario, shut down the Bell, who discovered the Titanic, is program altogether. These undesirable meas- able to teach young kids math and 2005. ures would be extremely counterproductive science and physics and chemistry by OCTOBER 27, 2005. at a time when adequate small business lend- learning that. Hon. FRANK WOLF, ing will be more important than ever in re- Chairman, Appropriations Subcommittee on covery and rebuilding post-Katrina. b 1630 Science, State, Justice and Commerce, The We urge you to support our Nation’s small That is what we did. If we were to Capitol, Washington, DC. businesses. Securing funding for this impor- take this $79 million and give it back Hon. ALAN MOLLOHAN, tant program is a top priority for the broad to the bankers, the big bankers, we Ranking Member, Appropriations Subcommittee small business and lending community and on Science, State, Justice and Commerce, would be taking money from edu- we are pleased that both the House and Sen- Longworth House Office Building, Wash- ate appropriations bills contain needed fund- cation. You could not explain that. I do ington, DC. ing for the 7(a) program. We urge the SSJC– not care what district it is, you cannot Hon. RICHARD SHELBY, CJS conferees to work to ensure that the 7(a) explain why you were taking money Chairman, Appropriations Subcommittee on program is provided with an appropriation of from the NSF. You cannot explain why Commerce, Justice, and Science, The Cap- $79.132 million for FY 2006 and that such you were taking money from embassy itol, Washington, DC. funding be used to reduce the fees for busi- security. Hon. BARBARA MIKULSKI, ness borrowers and their lenders. Thirty people from my district died Ranking Member Appropriations Subcommittee We recognize your commitment to our Na- on Commerce, Justice, and Science, Dirksen tion’s small businesses and truly appreciate in the attack on the Pentagon. You Senate Office Building, Washington, DC. your efforts in supporting the SBA’s 7(a) cannot explain, whether it be New DEAR CHAIRMEN WOLF AND SHELBY AND loan program. In order to ensure the vi- York City where two of my children RANKING MEMBERS MOLLOHAN AND MIKULSKI: brancy of our local communities, we want to live, or Philadelphia where I am from, As the House and Senate prepare to go to stress our strong support for funding for the

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.040 H02NOPT1 H9496 CONGRESSIONAL RECORD — HOUSE November 2, 2005 7(a) program. We are eager to work with you ‘‘We’re not afraid the program will be Without 7(a) loans, many business owners to accomplish this goal. By giving entre- pulled out from under us,’’ Shepherd said. would have to finance growth on their credit preneurs access to affordable capital, we can ‘‘Borrowers are in a much better position cards or through other expensive means. ensure that they can continue to serve as the than they have been in the past.’’ ‘‘If the SBA wasn’t guaranteeing loans, catalyst for our Nation’s economy. That’s good news for small-business bor- banks couldn’t be as aggressive and provide Sincerely, rowers, who are reaping the benefits of more as much capital,’’ said Andreotti, whose National Small Business Association. activity. Fifth Third’s SBA loan volume is bank is putting together a 7(a) loan so National Black Chamber of Commerce. up 20 percent to 25 percent so far this year Valenza can open a third Jimmy John’s loca- National Association of Convenience compared with last year, Shepherd said. tion in Oak Lawn. Stores. National City Bank’s entry into the mar- While he’s not happy to see the fees climb- National Association for the Self-Em- ket should heat up the SBA loan business. ing, Andreotti said, ‘‘In the long run I think ployed. National City was the top SBA lender in it will positively impact small businesses.’’ Associated Equipment Distributors. both Ohio and Kentucky for the third Fees for the 7(a) program are now 2 percent Aeronautical Repair Station Association. straight year in the SBA’s 2004 fiscal year on loans up to $150,000, up from 1 percent. American Society of Travel Agents. ending in September. Loans between $150,001 and $700,000 carry a 3 Independent Office Products & Furniture National City Corp. bought Cincinnati- percent fee, up from 2.5 percent. Loans for Dealers Association. based Provident Financial Group Inc. in July more than $700,000 still carry a 3.5 percent Silver Users Association. 2004, marking its first entry to the local re- fee. Small Business Majority. tail banking market. Small business has The loan applicant usually pays these fees. National Procurement Council. Banks have to pay another fee, which has United Motorcoach Association. been a big push. also increased recently. Office Furniture Dealers Alliance. ‘‘Mike Price (CEO of National City’s Great- The SBA guarantees 85 percent of 7(a) U.S. Women’s Chamber of Commerce. er Cincinnati market) started the small- American Bus Association. business program at National City some loans up to $150,000 and 75 percent of loans National Ready Mixed Concrete Associa- seven years ago,’’ said Joe Chasteen, Na- for more than $150,000. Previously, the highest loan guarantee was tion. tional City’s area manager of small business National Propane Gas Association. banking for Cincinnati and Northern Ken- $1 million, but under the new legislation Women Impacting Public Policy. tucky. that figure was raised to $1.5 million. This American Subcontractors Association. National City already has boosted its local means the program will now guarantee 75 American Dental Association. small-business banking unit by 50 percent, to percent of a $2 million loan, the largest 7(a) National Office Products Alliance. 12 bankers, since July, Chasteen said. loan available. American Hotel and Lodging Association. U.S. Bank, PNC, Bank One, Huntington Still, not everyone in the SBA universe is Mr. WOLF. Mr. Speaker, reclaiming Bank and KeyBank also play a big role in sold that the recent compromise was the making SBA loans. best solution. my time, the record just has to show, ‘‘Clearly there were members of Congress again, SBA guaranteed 88,912 loans in ‘‘It’s always a competitive market,’’ Shep- herd said. that felt this program was worthy of receiv- fiscal year 2005, an increase of 22 per- ing an appropriation,’’ said James cent over the previous year. [From the Chicago Tribune, Dec. 27, 2004] Ballentine, director of community and economic development at the American Bankers Mr. Speaker, let me stipulate that I SBA PROGRAM LOOKS SOUND know the gentlewoman is a strong sup- Association. (By Rob Kaiser) porter of small business. But where Balentine said some business owners as Holiday magic isn’t the likely reason the well as leaders may be dissuaded from taking will you take the money from? Will U.S. Small Business Administration and its part in the program because of the fees. you take it from NSF, education, Na- numerous critics appear in harmony for the Early indications, though, are that partici- tional Science Foundation, will you first time in years. pation in the 7(a) program is at record levels. take it from math, will you take it A more likely explanation is the $16 billion From Oct. 1, the beginning of the fiscal from science, or would you just take it stocking stuffer for the SBA’s flagship 7(a) year, through Dec. 10, the program has done from the air? loan program, which will likely keep it from more than 18,000 loans, worth nearly $2.8 bil- We just cannot take things from the suffering short-falls in 2005 that drew the ire lion. During the same period last year, the of banks and small-business owners this program did fewer than 15,000 loans, worth air, and the end result is we will cut $2.4 billion. embassy security. year. ´ ‘‘The risk of a cap or a shutdown is basi- In all of the last fiscal year, the 7(a) pro- Ms. VELAZQUEZ. Mr. Speaker, will cally nil,’’ said Tony Wilkinson, president of gram did nearly 75,000 loans, worth $12.6 bil- the gentleman yield? the National Association of Government lion. The program has $16 billion in loans Mr. WOLF. I yield to the gentle- Guaranteed Lenders and a frequent SBA crit- available for the current fiscal year. woman from New York. ic. ‘‘We think that should be sufficient,’’ said Ms. VELA´ ZQUEZ. Mr. Speaker, if the Such an outlook is a vast improvement Jodi Polonet, senior vice president of Busi- gentleman from Virginia (Mr. WOLF) from recent years, when frequent loan limits ness Loan Express LLC in New York. ‘‘We will invite me to be a conferee, I will and speculation about shutdowns sent bank- are satisfied.’’ work with you. ers scurrying to submit loan applications Mr. WOLF. Mr. Speaker, I yield back Mr. WOLF. Mr. Speaker, reclaiming and left many business owners in limbo— the balance of my time. often with unpaid bills—when expected loans The SPEAKER pro tempore (Mr. my time, I work with your ranking suddenly evaporated. FOLEY). Without objection, the pre- member. We are good friends. Ask the To achieve the peace, bankers grudgingly gentleman from West Virginia (Mr. accepted a return to paying higher fees as vious question is ordered on the motion MOLLOHAN) if we have been fair. The the Bush administration got its wish to wipe to instruct. next time you see him, ask him. away a nearly $80 million subsidy that had There was no objection. The next time you see him, ask him; been supporting the 7(a) program. In return, The SPEAKER pro tempore. The and ask him if the two ought to meet. the bankers expect to inherit a more stable question is on the motion to instruct We would not be able to deal with this program. offered by the gentlewoman from Penn- Such stability would have saved Julie sylvania (Ms. SCHWARTZ). issue. We would have to cut FBI, em- Valenza a lot of time and money. bassy security, NSF, NASA, NIST, The motion was agreed to. Valenza was close to purchasing her second A motion to reconsider was laid on NOAA. That is where we would get it Jimmy John’s sandwich franchise in Janu- from, and we would get it to give it to ary when the $250,000 loan she expected to se- the table. The SPEAKER pro tempore. The the bankers. cure through the 7(a) program was suddenly Chair will appoint conferees at a later [From the Business Courier, May 27, 2005] stalled when SBA stopped accepting new applications due to a funding short-fall. time. STABLE FUNDING TURNS BANKS ON TO SBA To salvage the deal to purchase an existing f LENDING store in Westmont, Valenza recruited her sis- (By Steve Watkins) ter as a investor. RECESS The news is getting better for small busi- ‘‘At least I didn’t have to bring in a strang- The SPEAKER pro tempore. Pursu- nesses looking for financing. er off the street,’’ she said. ant to clause 12(a) of rule I, the Chair The Small Business Administration’s fed- Still, the setback delayed the purchase by declares the House in recess subject to eral funding is on more stable footing this two months and means Valenza now has to year than it was last year. That gives lenders split the store’s profits. the call of the Chair. more confidence in making SBA loans, said Paul Andreotti, an executive vice president Accordingly (at 4 o’clock and 35 min- Michael Shepherd, Fifth Third Bancorp’s at National City Bank in Chicago, said SBA utes p.m.), the House stood in recess SBA national manager. loans exist so such situations are avoided. subject to the call of the Chair.

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.008 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9497 b 1941 Duncan Kingston Renzi Payne Schwartz (PA) Turner Ehlers Kline Reynolds Pelosi Schwarz (MI) Udall (NM) AFTER RECESS English (PA) Knollenberg Rogers (AL) Petri Scott (VA) Upton Eshoo Kolbe Rogers (KY) Platts Shays Van Hollen The recess having expired, the House Everett Kuhl (NY) Rogers (MI) Pomeroy Sherman Vela´ zquez was called to order by the Speaker pro Fattah Latham Rohrabacher Price (NC) Simmons Visclosky Feeney Lee Ramstad Skelton Walden (OR) tempore (Mr. BOUSTANY) at 7 o’clock Ros-Lehtinen Ferguson Lewis (CA) Ross Rangel Slaughter Walsh and 41 minutes p.m. Fitzpatrick (PA) Lewis (KY) Royce Regula Smith (NJ) Wamp Flake Linder Ryan (OH) Rothman Snyder Wasserman f Ruppersberger Solis Foley Lofgren, Zoe Ryan (WI) Schultz Rush Spratt Watt Forbes Lucas Ryun (KS) APPOINTMENT OF CONFEREES ON Fortenberry Lungren, Daniel Sa´ nchez, Linda Stupak Waxman Salazar H.R. 2862, SCIENCE, STATE, JUS- Fossella E. T. Tanner Weiner Sanchez, Loretta Foxx Mack Sanders Tauscher Weldon (PA) TICE, COMMERCE, AND RELATED Scott (GA) Franks (AZ) Manzullo Saxton Taylor (MS) Wexler AGENCIES APPROPRIATIONS Garrett (NJ) Marchant Sensenbrenner Schakowsky Thompson (MS) Wilson (NM) ACT, 2006 Gerlach Matheson Serrano Schiff Tierney Wolf Gibbons McCaul (TX) Sessions Schmidt Towns Wu The SPEAKER pro tempore. Without Gingrey McCotter Shadegg objection, the Chair appoints the fol- Gohmert McCrery Shaw NOT VOTING—26 lowing conferees: Messrs. WOLF, TAY- Goode McHenry Sherwood Ackerman Hastings (FL) Pearce Shimkus LOR of North Carolina, KIRK, WELDON of Goodlatte McHugh Boswell Hyde Pombo Granger McKeon Shuster Brady (PA) King (NY) Pryce (OH) Florida, GOODE, LAHOOD, CULBERSON, Graves McKinney Simpson Brown-Waite, Marshall Radanovich ALEXANDER, LEWIS of California, MOL- Green (WI) McMorris Smith (TX) Ginny McCollum (MN) Reyes LOHAN, SERRANO, CRAMER, KENNEDY of Gutknecht Melancon Smith (WA) Cubin Menendez Roybal-Allard Harris Mica Sodrel Rhode Island, FATTAH, and OBEY. Etheridge Miller (FL) Sabo Hart Miller (MI) Souder Hall Norwood Stark There was no objection. Hastings (WA) Miller, Gary Stearns Harman Oxley Young (AK) Hayes Moran (KS) f Strickland Hayworth Murphy Sullivan b 2008 Hensarling Murtha ANNOUNCEMENT BY THE SPEAKER Sweeney Messrs. SAXTON, GALLEGLY, Herger Musgrave Tancredo PRO TEMPORE Herseth Myrick Taylor (NC) CUMMINGS, Ms. JACKSON-LEE of Hoekstra Neugebauer Terry Texas, Messrs. CARNAHAN, SPRATT, The SPEAKER pro tempore. Pursu- Honda Ney Thomas ant to clause 8 of rule XX, proceedings Hostettler Northup LARSON of Connecticut, REGULA, Thompson (CA) Hoyer Nunes PAYNE, and WALSH changed their will resume on motions to suspend the Thornberry Hulshof Nussle rules previously postponed. Tiahrt vote from ‘‘yea’’ to ‘‘nay.’’ Hunter Otter Ms. WOOLSEY, Mrs. DRAKE, Mr. Votes will be taken in the following Inglis (SC) Paul Tiberi order: Issa Pence Udall (CO) FORBES, Mrs. JO ANN DAVIS of Vir- Waters H.R. 1606, by the yeas and nays; Istook Peterson (MN) ginia, Messrs. BLUMENAUER, BOREN, Jenkins Peterson (PA) Watson RAHALL, and Ms. WATERS changed H.R. 4061, by the yeas and nays; Jindal Pickering Weldon (FL) H.R. 1691, by the yeas and nays. Johnson, Sam Pitts Weller their vote from ‘‘nay’’ to ‘‘yea.’’ The first electronic vote will be con- Jones (NC) Poe Westmoreland So (two-thirds not having voted in Whitfield ducted as a 15-minute vote. Remaining Keller Porter favor thereof) the motion was rejected. Kelly Price (GA) Wicker The result of the vote was announced electronic votes will be conducted as 5- Kennedy (MN) Putnam Wilson (SC) minute votes. Kennedy (RI) Rahall Woolsey as above recorded. Wynn Kind Rehberg f f King (IA) Reichert Young (FL) DEPARTMENT OF VETERANS AF- ONLINE FREEDOM OF SPEECH ACT NAYS—182 FAIRS INFORMATION TECH- The SPEAKER pro tempore. The Abercrombie Emerson Lantos NOLOGY MANAGEMENT IM- Allen Engel Larsen (WA) pending business is the question of sus- PROVEMENT ACT OF 2005 pending the rules and passing the bill, Andrews Evans Larson (CT) Baird Farr LaTourette The SPEAKER pro tempore (Mr. H.R. 1606. Baldwin Filner Leach The Clerk read the title of the bill. Bass Ford Levin BOUSTANY). The pending business is the The SPEAKER pro tempore. The Bean Frank (MA) Lewis (GA) question of suspending the rules and Becerra Frelinghuysen Lipinski passing the bill, H.R. 4061. question is on the motion offered by Berkley Gallegly LoBiondo the gentlewoman from Michigan (Mrs. Berry Gilchrest Lowey The Clerk read the title of the bill. MILLER) that the House suspend the Bishop (NY) Gillmor Lynch The SPEAKER pro tempore. The rules and pass the bill, H.R. 1606, on Boehlert Gonzalez Maloney question is on the motion offered by Boyd Gordon Markey the gentleman from Indiana (Mr. which the yeas and nays are ordered. Bradley (NH) Green, Al Matsui The vote was taken by electronic de- Brown, Corrine Green, Gene McCarthy BUYER) that the House suspend the vice, and there were—yeas 225, nays Butterfield Grijalva McDermott rules and pass the bill, H.R. 4061, on Capps Gutierrez McGovern 182, not voting 26, as follows: which the yeas and nays are ordered. Cardin Hefley McIntyre This will be a 5-minute vote. [Roll No. 559] Carnahan Higgins McNulty Carson Hinchey Meehan The vote was taken by electronic de- YEAS—225 Case Hinojosa Meek (FL) vice, and there were—yeas 408, nays 0, Aderholt Bono Clay Castle Hobson Meeks (NY) not voting 25, as follows: Akin Boozman Cole (OK) Cleaver Holden Michaud Alexander Boren Conaway Clyburn Holt Millender- [Roll No. 560] Baca Boucher Conyers Coble Hooley McDonald YEAS—408 Bachus Boustany Costa Cooper Inslee Miller (NC) Baker Brady (TX) Cramer Costello Israel Miller, George Abercrombie Beauprez Bono Barrett (SC) Brown (OH) Crenshaw Crowley Jackson (IL) Mollohan Aderholt Becerra Boozman Barrow Brown (SC) Cuellar Cummings Jackson-Lee Moore (KS) Akin Berkley Boren Bartlett (MD) Burgess Culberson Davis (AL) (TX) Moore (WI) Alexander Berman Boucher Barton (TX) Burton (IN) Cunningham Davis (CA) Jefferson Moran (VA) Allen Berry Boustany Beauprez Buyer Davis (KY) Davis (FL) Johnson (CT) Nadler Andrews Biggert Boyd Berman Calvert Davis (TN) Davis (IL) Johnson (IL) Napolitano Baca Bilirakis Bradley (NH) Biggert Camp Davis, Jo Ann DeFazio Johnson, E. B. Neal (MA) Bachus Bishop (GA) Brady (TX) Bilirakis Cannon Davis, Tom DeGette Jones (OH) Oberstar Baird Bishop (NY) Brown (OH) Bishop (GA) Cantor Deal (GA) Delahunt Kanjorski Obey Baker Bishop (UT) Brown (SC) Bishop (UT) Capito DeLay DeLauro Kaptur Olver Baldwin Blackburn Brown, Corrine Blackburn Capuano Dent Dicks Kildee Ortiz Barrett (SC) Blumenauer Burgess Blumenauer Cardoza Diaz-Balart, L. Dingell Kilpatrick (MI) Osborne Barrow Blunt Burton (IN) Blunt Carter Diaz-Balart, M. Doggett Kirk Owens Bartlett (MD) Boehlert Butterfield Boehner Chabot Doolittle Doyle Kucinich Pallone Barton (TX) Boehner Buyer Bonilla Chandler Drake Edwards LaHood Pascrell Bass Bonilla Calvert Bonner Chocola Dreier Emanuel Langevin Pastor Bean Bonner Camp

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.046 H02NOPT1 H9498 CONGRESSIONAL RECORD — HOUSE November 2, 2005 Cannon Grijalva McMorris Sherwood Tauscher Wasserman Costello Hunter Napolitano Cantor Gutierrez McNulty Shimkus Taylor (MS) Schultz Cramer Inglis (SC) Neal (MA) Capito Gutknecht Meehan Shuster Taylor (NC) Waters Crenshaw Inslee Neugebauer Capps Harris Meek (FL) Simmons Terry Watson Crowley Israel Ney Capuano Hart Meeks (NY) Simpson Thomas Watt Cuellar Issa Northup Cardin Hastings (WA) Melancon Skelton Thompson (CA) Waxman Culberson Istook Nunes Cardoza Hayes Mica Slaughter Thompson (MS) Weiner Cummings Jackson (IL) Nussle Carnahan Hayworth Michaud Smith (NJ) Thornberry Weldon (FL) Cunningham Jackson-Lee Oberstar Carson Hefley Millender- Smith (TX) Tiahrt Weldon (PA) Davis (AL) (TX) Obey Smith (WA) Tiberi Davis (CA) Jefferson Olver Carter Hensarling McDonald Weller Snyder Tierney Davis (FL) Jenkins Ortiz Case Herger Miller (MI) Westmoreland Miller (NC) Sodrel Towns Davis (IL) Jindal Osborne Castle Herseth Wexler Chabot Higgins Miller, Gary Solis Turner Davis (KY) Johnson (CT) Otter Whitfield Chandler Hinchey Miller, George Souder Udall (CO) Davis (TN) Johnson (IL) Owens Wicker Chocola Hinojosa Mollohan Spratt Udall (NM) Davis, Jo Ann Johnson, E. B. Pallone Wilson (NM) Clay Hobson Moore (KS) Stearns Upton Davis, Tom Johnson, Sam Pascrell Wilson (SC) Cleaver Hoekstra Moore (WI) Strickland Van Hollen Deal (GA) Jones (NC) Pastor Clyburn Holden Moran (KS) Stupak Vela´ zquez Wolf DeFazio Jones (OH) Paul Coble Holt Moran (VA) Sullivan Visclosky Woolsey DeGette Kanjorski Payne Cole (OK) Honda Murphy Sweeney Walden (OR) Wu Delahunt Kaptur Pelosi Conaway Hooley Murtha Tancredo Walsh Wynn DeLauro Keller Pence Conyers Hostettler Musgrave Tanner Wamp Young (FL) DeLay Kelly Peterson (MN) Dent Kennedy (MN) Peterson (PA) Cooper Hoyer Myrick NOT VOTING—25 Costa Hulshof Nadler Diaz-Balart, L. Kennedy (RI) Petri Costello Hunter Napolitano Ackerman Hastings (FL) Pearce Diaz-Balart, M. Kildee Pickering Cramer Inglis (SC) Neal (MA) Boswell Hyde Pombo Dicks Kilpatrick (MI) Pitts Crenshaw Inslee Neugebauer Brady (PA) King (NY) Radanovich Dingell Kind Platts Crowley Israel Ney Brown-Waite, Marshall Reyes Doggett King (IA) Poe Cuellar Issa Northup Ginny McCollum (MN) Roybal-Allard Doolittle Kingston Pomeroy Culberson Istook Nunes Cubin Menendez Sabo Doyle Kirk Porter Drake Kline Price (GA) Cummings Jackson (IL) Nussle Etheridge Miller (FL) Stark Dreier Knollenberg Price (NC) Cunningham Jackson-Lee Oberstar Hall Norwood Young (AK) Duncan Kolbe Pryce (OH) Davis (AL) (TX) Obey Harman Oxley Edwards Kucinich Putnam Davis (CA) Jefferson Olver Ehlers Kuhl (NY) Rahall Davis (FL) Jenkins Ortiz b 2018 Emanuel LaHood Ramstad Davis (IL) Jindal Osborne Emerson Langevin Rangel Davis (KY) Johnson (CT) Otter So (two-thirds having voted in favor Engel Lantos Regula Davis (TN) Johnson (IL) Owens thereof) the rules were suspended and English (PA) Larsen (WA) Rehberg Davis, Jo Ann Johnson, E. B. Pallone the bill was passed. Eshoo Larson (CT) Reichert Davis, Tom Johnson, Sam Pascrell The result of the vote was announced Evans Latham Renzi Deal (GA) Jones (NC) Pastor Everett LaTourette Reynolds Jones (OH) Paul as above recorded. DeFazio Farr Leach Rogers (AL) DeGette Kanjorski Payne A motion to reconsider was laid on Fattah Lee Rogers (KY) Delahunt Kaptur Pelosi the table. Feeney Levin Rogers (MI) DeLauro Keller Pence Ferguson Lewis (CA) Rohrabacher DeLay Kelly Peterson (MN) f Filner Lewis (GA) Ros-Lehtinen Dent Kennedy (MN) Peterson (PA) Fitzpatrick (PA) Lewis (KY) Ross Diaz-Balart, L. Kennedy (RI) Petri JOHN H. BRADLEY DEPARTMENT Flake Linder Rothman Diaz-Balart, M. Kildee Pickering OF VETERANS AFFAIRS OUT- Foley Lipinski Royce Dicks Kilpatrick (MI) Pitts Forbes LoBiondo Ruppersberger Dingell Kind Platts PATIENT CLINIC Ford Lofgren, Zoe Rush Doggett King (IA) Poe The SPEAKER pro tempore (Mr. Fortenberry Lowey Ryan (OH) Doolittle Kingston Pomeroy Fossella Lucas Ryan (WI) Doyle Kirk Porter BOUSTANY). The pending business is the Foxx Lungren, Daniel Ryun (KS) Drake Kline Price (GA) question of suspending the rules and Frank (MA) E. Salazar Dreier Knollenberg Price (NC) passing the bill, H.R. 1691. Franks (AZ) Lynch Sa´ nchez, Linda Duncan Kolbe Pryce (OH) Frelinghuysen Mack T. Edwards Kucinich Putnam The Clerk read the title of the bill. Gallegly Maloney Sanchez, Loretta Ehlers Kuhl (NY) Rahall The SPEAKER pro tempore. The Garrett (NJ) Manzullo Sanders Emanuel LaHood Ramstad question is on the motion offered by Gerlach Marchant Saxton Emerson Langevin Rangel the gentleman from Indiana (Mr. Gibbons Markey Schakowsky Engel Lantos Regula Gilchrest Matheson Schiff English (PA) Larsen (WA) Rehberg BUYER) that the House suspend the Gillmor Matsui Schmidt Eshoo Larson (CT) Reichert rules and pass the bill, H.R. 1691, on Gingrey McCarthy Schwartz (PA) Evans Latham Renzi which the yeas and nays are ordered. Gohmert McCaul (TX) Schwarz (MI) Everett LaTourette Reynolds Gonzalez McCotter Scott (GA) Farr Leach Rogers (AL) This will be a 5-minute vote. Goode McCrery Scott (VA) Fattah Lee Rogers (KY) The vote was taken by electronic de- Goodlatte McDermott Sensenbrenner Feeney Levin Rogers (MI) vice, and there were—yeas 407, nays 0, Gordon McGovern Serrano Ferguson Lewis (CA) Rohrabacher not voting 26, as follows: Granger McHenry Sessions Filner Lewis (GA) Ros-Lehtinen Graves McHugh Shadegg Fitzpatrick (PA) Lewis (KY) Ross [Roll No. 561] Green (WI) McIntyre Shaw Flake Linder Rothman YEAS—407 Green, Al McKeon Shays Foley Lipinski Royce Green, Gene McKinney Sherman Forbes LoBiondo Ruppersberger Abercrombie Bishop (NY) Camp Grijalva McMorris Sherwood Ford Lofgren, Zoe Rush Aderholt Bishop (UT) Cannon Gutierrez McNulty Shimkus Fortenberry Lowey Ryan (OH) Akin Blackburn Cantor Gutknecht Meehan Shuster Fossella Lucas Ryan (WI) Alexander Blumenauer Capito Harris Meek (FL) Simmons Foxx Lungren, Daniel Ryun (KS) Allen Blunt Capps Hart Meeks (NY) Simpson Frank (MA) E. Salazar Andrews Boehlert Capuano Hastings (WA) Melancon Skelton Franks (AZ) Lynch Sa´ nchez, Linda Baca Boehner Cardin Hayes Mica Slaughter Frelinghuysen Mack T. Bachus Bonilla Cardoza Hayworth Michaud Smith (NJ) Gallegly Maloney Sanchez, Loretta Baird Bonner Carnahan Hefley Millender- Smith (TX) Garrett (NJ) Manzullo Sanders Baker Bono Carson Hensarling McDonald Smith (WA) Gerlach Marchant Saxton Baldwin Boozman Carter Herger Miller (MI) Snyder Gibbons Markey Schakowsky Barrett (SC) Boren Case Herseth Miller (NC) Sodrel Gilchrest Matheson Schiff Barrow Boucher Castle Higgins Miller, Gary Solis Gillmor Matsui Schmidt Bartlett (MD) Boustany Chabot Hinchey Miller, George Souder Gingrey McCarthy Schwartz (PA) Barton (TX) Boyd Chandler Hinojosa Mollohan Spratt Gohmert McCaul (TX) Schwarz (MI) Bass Bradley (NH) Chocola Hobson Moore (KS) Stearns Gonzalez McCotter Scott (GA) Bean Brady (TX) Clay Hoekstra Moore (WI) Strickland Goode McCrery Scott (VA) Beauprez Brown (OH) Cleaver Holden Moran (KS) Stupak Goodlatte McDermott Sensenbrenner Becerra Brown (SC) Clyburn Holt Moran (VA) Sullivan Gordon McGovern Serrano Berkley Brown, Corrine Coble Honda Murphy Sweeney Granger McHenry Sessions Berman Burgess Cole (OK) Hooley Murtha Tancredo Graves McHugh Shadegg Berry Burton (IN) Conaway Hostettler Musgrave Tanner Green (WI) McIntyre Shaw Biggert Butterfield Conyers Hoyer Myrick Tauscher Green, Al McKeon Shays Bilirakis Buyer Cooper Hulshof Nadler Taylor (MS) Green, Gene McKinney Sherman Bishop (GA) Calvert Costa

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.098 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9499 Taylor (NC) Vela´ zquez Weller the limits of funds and borrowing authority shall not be considered administrative expenses Terry Visclosky Westmoreland available to such corporation, and in accord- for the purposes of this heading. Thomas Walden (OR) Wexler ance with law, and to make such contracts and PROGRAM ACCOUNT Thompson (CA) Walsh Whitfield Thompson (MS) Wamp commitments without regard to fiscal year limi- For the cost of direct and guaranteed loans, Wicker tations, as provided by section 104 of the Gov- $20,276,000, as authorized by section 234 of the Thornberry Wasserman Wilson (NM) ernment Corporation Control Act, as may be Foreign Assistance Act of 1961, to be derived by Tiahrt Schultz Wilson (SC) Tiberi Waters Wolf necessary in carrying out the program for the transfer from the Overseas Private Investment Tierney Watson Woolsey current fiscal year for such corporation: Pro- Corporation Non-Credit Account: Provided, Turner Watt Wu vided, That none of the funds available during That such costs, including the cost of modifying Udall (CO) Waxman Wynn the current fiscal year may be used to make ex- such loans, shall be as defined in section 502 of Udall (NM) Weiner the Congressional Budget Act of 1974: Provided Upton Weldon (FL) Young (FL) penditures, contracts, or commitments for the Van Hollen Weldon (PA) export of nuclear equipment, fuel, or technology further, That such sums shall be available for to any country, other than a nuclear-weapon direct loan obligations and loan guaranty com- NOT VOTING—26 state as defined in Article IX of the Treaty on mitments incurred or made during fiscal years Ackerman Hastings (FL) Pearce the Non-Proliferation of Nuclear Weapons eligi- 2006 and 2007: Provided further, That such sums Boswell Hyde Pombo ble to receive economic or military assistance shall remain available through fiscal year 2014 Brady (PA) King (NY) Radanovich under this Act, that has detonated a nuclear ex- for the disbursement of direct and guaranteed Brown-Waite, Marshall Reyes plosive after the date of the enactment of this loans obligated in fiscal year 2006, and through Ginny McCollum (MN) Roybal-Allard fiscal year 2015 for the disbursement of direct Cubin Menendez Sabo Act: Provided further, That notwithstanding Etheridge Miller (FL) Stark section 1(c) of Public Law 103–428, as amended, and guaranteed loans obligated in fiscal year Hall Norwood Towns sections 1(a) and (b) of Public Law 103–428 shall 2007: Provided further, That notwithstanding Harman Oxley Young (AK) remain in effect through October 1, 2006. any other provision of law, the Overseas Private Investment Corporation is authorized to under- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE SUBSIDY APPROPRIATION take any program authorized by title IV of the For the cost of direct loans, loan guarantees, The SPEAKER pro tempore (during Foreign Assistance Act of 1961 in Iraq: Provided insurance, and tied-aid grants as authorized by the vote). Members are advised that further, That funds made available pursuant to section 10 of the Export-Import Bank Act of two minutes remain in this vote. the authority of the previous proviso shall be 1945, as amended, $100,000,000, to remain avail- b 2026 subject to the regular notification procedures of able until September 30, 2009: Provided, That the Committees on Appropriations. So (two-thirds having voted in favor such costs, including the cost of modifying such In addition, such sums as may be necessary thereof) the rules were suspended and loans, shall be as defined in section 502 of the for administrative expenses to carry out the Congressional Budget Act of 1974: Provided fur- credit program may be derived from amounts the bill was passed. ther, That such sums shall remain available The result of the vote was announced available for administrative expenses to carry until September 30, 2024, for the disbursement of out the credit and insurance programs in the as above recorded. direct loans, loan guarantees, insurance and A motion to reconsider was laid on Overseas Private Investment Corporation Non- tied-aid grants obligated in fiscal years 2006, credit Account and merged with said account. the table. 2007, 2008, and 2009: Provided further, That FUNDS APPROPRIATED TO THE PRESIDENT f none of the funds appropriated by this Act or TRADE AND DEVELOPMENT AGENCY any prior Act appropriating funds for foreign CONFERENCE REPORT ON H.R. 3057, operations, export financing, and related pro- For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance FOREIGN OPERATIONS, EXPORT grams for tied-aid credits or grants may be used Act of 1961, $50,900,000, to remain available until FINANCING, AND RELATED PRO- for any other purpose except through the reg- September 30, 2007. GRAMS APPROPRIATIONS ACT, ular notification procedures of the Committees 2006 on Appropriations: Provided further, That TITLE II—BILATERAL ECONOMIC funds appropriated by this paragraph are made ASSISTANCE Mr. KOLBE submitted the following available notwithstanding section 2(b)(2) of the FUNDS APPROPRIATED TO THE PRESIDENT conference report and statement on the Export-Import Bank Act of 1945, in connection For expenses necessary to enable the Presi- bill (H.R. 3057) making appropriations with the purchase or lease of any product by dent to carry out the provisions of the Foreign for foreign operations, export financ- any Eastern European country, any Baltic Assistance Act of 1961, and for other purposes, ing, and related programs for the fiscal State or any agency or national thereof. to remain available until September 30, 2006, un- year ending September 30, 2006, and for ADMINISTRATIVE EXPENSES less otherwise specified herein, as follows: other purposes: For administrative expenses to carry out the UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT CONFERENCE REPORT (H. REPT. 109–265) direct and guaranteed loan and insurance pro- CHILD SURVIVAL AND HEALTH PROGRAMS FUND [To accompany H.R. 3057] grams, including hire of passenger motor vehi- (INCLUDING TRANSFER OF FUNDS) The committee of conference on the dis- cles and services as authorized by 5 U.S.C. 3109, For necessary expenses to carry out the provi- agreeing votes of the two Houses on the and not to exceed $30,000 for official reception sions of chapters 1 and 10 of part I of the For- amendments of the Senate to the bill (H.R. and representation expenses for members of the eign Assistance Act of 1961, for child survival, 3057) ‘‘making appropriations for foreign op- Board of Directors, $73,200,000: Provided, That health, and family planning/reproductive health erations, export financing, and related pro- the Export-Import Bank may accept, and use, activities, in addition to funds otherwise avail- grams for the fiscal year ending September payment or services provided by transaction able for such purposes, $1,585,000,000, to remain 30, 2006, and for other purposes’’, having met, participants for legal, financial, or technical available until September 30, 2007: Provided, after full and free conference, have agreed to services in connection with any transaction for That this amount shall be made available for recommend and do recommend to their re- which an application for a loan, guarantee or insurance commitment has been made: Provided such activities as: (1) immunization programs; spective Houses as follows: (2) oral rehydration programs; (3) health, nutri- That the House recede from its disagree- further, That, notwithstanding subsection (b) of tion, water and sanitation programs which di- ment to the amendments of the Senate to section 117 of the Export Enhancement Act of rectly address the needs of mothers and chil- the text, and agree to the same with an 1992, subsection (a) thereof shall remain in ef- dren, and related education programs; (4) assist- amendments, as follows: fect until October 1, 2006. ance for children displaced or orphaned by In lieu of the matter stricken and inserted OVERSEAS PRIVATE INVESTMENT CORPORATION causes other than AIDS; (5) programs for the by said amendment, insert: NONCREDIT ACCOUNT That the following sums are appropriated, out prevention, treatment, control of, and research The Overseas Private Investment Corporation of any money in the Treasury not otherwise ap- on HIV/AIDS, tuberculosis, polio, malaria, and is authorized to make, without regard to fiscal propriated, for the fiscal year ending September other infectious diseases, and for assistance to year limitations, as provided by 31 U.S.C. 9104, 30, 2006, and for other purposes, namely: communities severely affected by HIV/AIDS, in- such expenditures and commitments within the cluding children displaced or orphaned by TITLE I—EXPORT AND INVESTMENT limits of funds available to it and in accordance AIDS; and (6) family planning/reproductive ASSISTANCE with law as may be necessary: Provided, That health: Provided further, That none of the EXPORT-IMPORT BANK OF THE UNITED STATES the amount available for administrative ex- funds appropriated under this heading may be INSPECTOR GENERAL OF THE EXPORT-IMPORT penses to carry out the credit and insurance made available for nonproject assistance, except BANK programs (including an amount for official re- that funds may be made available for such as- For necessary expenses of the Office of In- ception and representation expenses which shall sistance for ongoing health activities: Provided spector General in carrying out the provisions of not exceed $35,000) shall not exceed $42,274,000: further, That of the funds appropriated under the Inspector General Act of 1978, as amended, Provided further, That project-specific trans- this heading, not to exceed $350,000, in addition $1,000,000, to remain available until September action costs, including direct and indirect costs to funds otherwise available for such purposes, 30, 2007. incurred in claims settlements, and other direct may be used to monitor and provide oversight of EXPORT-IMPORT BANK PROGRAM ACCOUNT costs associated with services provided to spe- child survival, maternal and family planning/re- The Export-Import Bank of the United States cific investors or potential investors pursuant to productive health, and infectious disease pro- is authorized to make such expenditures within section 234 of the Foreign Assistance Act of 1961, grams: Provided further, That the following

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.099 H02NOPT1 H9500 CONGRESSIONAL RECORD — HOUSE November 2, 2005 amounts should be allocated as follows: mation on the health benefits and risks of the $30,000,000 should be made available for plant $360,000,000 for child survival and maternal method chosen, including those conditions that biotechnology research and development: Pro- health; $30,000,000 for vulnerable children; might render the use of the method inadvisable vided further, That not less than $2,300,000 $350,000,000 for HIV/AIDS; $220,000,000 for other and those adverse side effects known to be con- should be made available for core support for infectious diseases; and $375,000,000 for family sequent to the use of the method; and (5) the the International Fertilizer Development Center: planning/reproductive health, including in project shall ensure that experimental contra- Provided further, That of the funds appro- areas where population growth threatens bio- ceptive drugs and devices and medical proce- priated under this heading, not less than diversity or endangered species: Provided fur- dures are provided only in the context of a sci- $20,000,000 should be made available for the ther, That of the funds appropriated under this entific study in which participants are advised American Schools and Hospitals Abroad pro- heading, and in addition to funds allocated of potential risks and benefits; and, not less gram: Provided further, That of the funds ap- under the previous proviso, not less than than 60 days after the date on which the Ad- propriated under this heading, $10,000,000 may $250,000,000 shall be made available, notwith- ministrator of the United States Agency for be made available for cooperative development standing any other provision of law, except for International Development determines that programs within the Office of Private and Vol- the United States Leadership Against HIV/ there has been a violation of the requirements untary Cooperation: Provided further, That of AIDS, Tuberculosis and Malaria Act of 2003 contained in paragraph (1), (2), (3), or (5) of this the funds appropriated under this heading, (Public Law 108–25), for a United States con- proviso, or a pattern or practice of violations of $2,000,000 shall be made available for recon- tribution to the Global Fund to Fight AIDS, Tu- the requirements contained in paragraph (4) of struction and development programs in South berculosis and Malaria (the ‘‘Global Fund’’), this proviso, the Administrator shall submit to Asia: Provided further, That funds should be and shall be expended at the minimum rate nec- the Committees on Appropriations a report con- made available for activities to reduce the inci- essary to make timely payment for projects and taining a description of such violation and the dence of child marriage in developing countries: activities: Provided further, That up to 5 per- corrective action taken by the Agency: Provided Provided further, That of the funds appro- cent of the aggregate amount of funds made further, That in awarding grants for natural priated under this heading, up to $20,000,000 available to the Global Fund in fiscal year 2006 family planning under section 104 of the For- should be made available to develop clean water may be made available to the United States eign Assistance Act of 1961 no applicant shall be treatment activities in developing countries: Agency for International Development for tech- discriminated against because of such appli- Provided further, That of the funds appro- nical assistance related to the activities of the cant’s religious or conscientious commitment to priated by this Act, not less than $200,000,000 Global Fund: Provided further, That of the offer only natural family planning; and, addi- shall be made available for drinking water sup- funds appropriated under this heading, tionally, all such applicants shall comply with ply projects and related activities, of which not $70,000,000 should be made available for a the requirements of the previous proviso: Pro- less than $50,000,000 should be made available United States contribution to The Vaccine vided further, That for purposes of this or any for programs in Africa. Fund, and up to $6,000,000 may be transferred to other Act authorizing or appropriating funds for INTERNATIONAL DISASTER AND FAMINE and merged with funds appropriated by this Act foreign operations, export financing, and re- ASSISTANCE under the heading ‘‘Operating Expenses of the lated programs, the term ‘‘motivate’’, as it re- For necessary expenses to carry out the provi- United States Agency for International Develop- lates to family planning assistance, shall not be sions of section 491 of the Foreign Assistance ment’’ for costs directly related to international construed to prohibit the provision, consistent Act of 1961 for international disaster relief, re- health, but funds made available for such costs with local law, of information or counseling habilitation, and reconstruction assistance, may not be derived from amounts made avail- about all pregnancy options: Provided further, $365,000,000, to remain available until expended, able for contribution under this and preceding That to the maximum extent feasible, taking of which $20,000,000 should be for famine pre- provisos: Provided further, That none of the into consideration cost, timely availability, and vention and relief. funds made available in this Act nor any unob- best health practices, funds appropriated in this TRANSITION INITIATIVES ligated balances from prior appropriations may Act or prior appropriations Acts that are made For necessary expenses for international dis- be made available to any organization or pro- available for condom procurement shall be made gram which, as determined by the President of aster rehabilitation and reconstruction assist- available only for the procurement of condoms the United States, supports or participates in ance pursuant to section 491 of the Foreign As- manufactured in the United States: Provided the management of a program of coercive abor- sistance Act of 1961, $40,000,000, to remain avail- tion or involuntary sterilization: Provided fur- further, That information provided about the able until expended, to support transition to de- ther, That none of the funds made available use of condoms as part of projects or activities mocracy and to long-term development of coun- under this Act may be used to pay for the per- that are funded from amounts appropriated by tries in crisis: Provided, That such support may formance of abortion as a method of family this Act shall be medically accurate and shall include assistance to develop, strengthen, or planning or to motivate or coerce any person to include the public health benefits and failure preserve democratic institutions and processes, practice abortions: Provided further, That noth- rates of such use. revitalize basic infrastructure, and foster the ing in this paragraph shall be construed to alter DEVELOPMENT ASSISTANCE peaceful resolution of conflict: Provided further, any existing statutory prohibitions against For necessary expenses to carry out the provi- That the United States Agency for International abortion under section 104 of the Foreign Assist- sions of sections 103, 105, 106, and sections 251 Development shall submit a report to the Com- ance Act of 1961: Provided further, That none of through 255, and chapter 10 of part I of the For- mittees on Appropriations at least 5 days prior the funds made available under this Act may be eign Assistance Act of 1961, $1,524,000,000, to re- to beginning a new program of assistance: Pro- used to lobby for or against abortion: Provided main available until September 30, 2007: Pro- vided further, That if the President determines further, That in order to reduce reliance on vided, That $214,000,000 should be allocated for that is important to the national interests of the abortion in developing nations, funds shall be trade capacity building, of which at least United States to provide transition assistance in available only to voluntary family planning $20,000,000 shall be made available for labor and excess of the amount appropriated under this projects which offer, either directly or through environmental capacity building activities relat- heading, up to $15,000,000 of the funds appro- referral to, or information about access to, a ing to the free trade agreement with the coun- priated by this Act to carry out the provisions of broad range of family planning methods and tries of Central America and the Dominican Re- part I of the Foreign Assistance Act of 1961 may services, and that any such voluntary family public: Provided further, That $365,000,000 be used for purposes of this heading and under planning project shall meet the following re- should be allocated for basic education: Pro- the authorities applicable to funds appropriated quirements: (1) service providers or referral vided further, That of the funds appropriated under this heading: Provided further, That agents in the project shall not implement or be under this heading and managed by the United funds made available pursuant to the previous subject to quotas, or other numerical targets, of States Agency for International Development, proviso shall be made available subject to prior total number of births, number of family plan- Bureau of Democracy, Conflict, and Humani- consultation with the Committees on Appropria- ning acceptors, or acceptors of a particular tarian Assistance, not less than $15,000,000 shall tions. method of family planning (this provision shall be made available only for programs to improve DEVELOPMENT CREDIT AUTHORITY not be construed to include the use of quan- women’s leadership capacity in recipient coun- (INCLUDING TRANSFER OF FUNDS) titative estimates or indicators for budgeting tries: Provided further, That such funds may For the cost of direct loans and loan guaran- and planning purposes); (2) the project shall not not be made available for construction: Provided tees provided by the United States Agency for include payment of incentives, bribes, gratuities, further, That of the funds appropriated under International Development, as authorized by or financial reward to: (A) an individual in ex- this heading that are made available for assist- sections 256 and 635 of the Foreign Assistance change for becoming a family planning accep- ance programs for displaced and orphaned chil- Act of 1961, up to $21,000,000 may be derived by tor; or (B) program personnel for achieving a dren and victims of war, not to exceed $42,500, transfer from funds appropriated by this Act to numerical target or quota of total number of in addition to funds otherwise available for carry out part I of such Act and under the births, number of family planning acceptors, or such purposes, may be used to monitor and pro- heading ‘‘Assistance for Eastern Europe and the acceptors of a particular method of family plan- vide oversight of such programs: Provided fur- Baltic States’’: Provided, That such funds shall ning; (3) the project shall not deny any right or ther, That funds appropriated under this head- be made available only for micro and small en- benefit, including the right of access to partici- ing should be made available for programs in terprise programs, urban programs, and other pate in any program of general welfare or the sub-Saharan Africa to address sexual and gen- programs which further the purposes of part I of right of access to health care, as a consequence der-based violence: Provided further, That of the Act: Provided further, That such costs, in- of any individual’s decision not to accept family the aggregate amount of the funds appropriated cluding the cost of modifying such direct and planning services; (4) the project shall provide by this Act that are made available for agri- guaranteed loans, shall be as defined in section family planning acceptors comprehensible infor- culture and rural development programs, 502 of the Congressional Budget Act of 1974, as

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.022 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9501 amended: Provided further, That funds made priated under this heading, not to exceed further, That not more than $225,000,000 of the available by this paragraph may be used for the $48,100,000 may be made available for the pur- funds made available for assistance for Afghani- cost of modifying any such guaranteed loans poses of implementing the Capital Security Cost stan under this heading may be obligated for under this Act or prior Acts, and funds used for Sharing Program. such assistance until the Secretary of State cer- such costs shall be subject to the regular notifi- OPERATING EXPENSES OF THE UNITED STATES tifies to the Committees on Appropriations that cation procedures of the Committees on Appro- AGENCY FOR INTERNATIONAL DEVELOPMENT OF- the Government of Afghanistan at both the na- priations: Provided further, That the provisions FICE OF INSPECTOR GENERAL tional and local level is cooperating fully with of section 107A(d) (relating to general provisions For necessary expenses to carry out the provi- United States funded poppy eradication and applicable to the Development Credit Authority) sions of section 667 of the Foreign Assistance interdiction efforts in Afghanistan: Provided of the Foreign Assistance Act of 1961, as con- Act of 1961, $36,000,000, to remain available until further, That the President may waive the pre- tained in section 306 of H.R. 1486 as reported by September 30, 2007, which sum shall be available vious proviso if he determines and reports to the the House Committee on International Relations for the Office of the Inspector General of the Committees on Appropriations that to do so is on May 9, 1997, shall be applicable to direct United States Agency for International Develop- vital to the national security interests of the loans and loan guarantees provided under this ment. United States: Provided further, That such re- heading: Provided further, That these funds are OTHER BILATERAL ECONOMIC ASSISTANCE port shall include an analysis of the steps being available to subsidize total loan principal, any ECONOMIC SUPPORT FUND taken by the Government of Afghanistan, at the portion of which is to be guaranteed, of up to (INCLUDING TRANSFER OF FUNDS) national and local level, to cooperate fully with $700,000,000. For necessary expenses to carry out the provi- United States funded poppy eradication and In addition, for administrative expenses to sions of chapter 4 of part II, $2,634,000,000, to re- interdiction efforts in Afghanistan: Provided carry out credit programs administered by the main available until September 30, 2007: Pro- further, That $40,000,000 of the funds appro- United States Agency for International Develop- vided, That of the funds appropriated under priated under this heading shall be made avail- ment, $8,000,000, which may be transferred to this heading, not less than $240,000,000 shall be able for assistance for Lebanon, of which not and merged with the appropriation for Oper- available only for Israel, which sum shall be less than $6,000,000 should be made available for ating Expenses of the United States Agency for available on a grant basis as a cash transfer scholarships and direct support of American International Development: Provided, That and shall be disbursed within 30 days of the en- educational institutions in Lebanon: Provided funds made available under this heading shall actment of this Act: Provided further, That not remain available until September 30, 2008. further, That of the funds appropriated under less than $495,000,000 shall be available only for this heading that are made available for assist- PAYMENT TO THE FOREIGN SERVICE RETIREMENT Egypt, which sum shall be provided on a grant ance for Iraq, not less than $5,000,000 shall be AND DISABILITY FUND basis, and of which sum cash transfer assistance transferred to and merged with funds appro- For payment to the ‘‘Foreign Service Retire- shall be provided with the understanding that priated under the heading ‘‘Iraq Relief and Re- ment and Disability Fund’’, as authorized by Egypt will undertake significant economic and construction Fund’’ in chapter 2 of title II of the Foreign Service Act of 1980, $41,700,000. political reforms which are additional to those Public Law 108–106 and shall be made available OPERATING EXPENSES OF THE UNITED STATES which were undertaken in previous fiscal years: for the Marla Ruzicka Iraqi War Victims Fund: AGENCY FOR INTERNATIONAL DEVELOPMENT Provided further, That with respect to the provi- Provided further, That of the funds appro- For necessary expenses to carry out the provision of assistance for Egypt for democracy and priated under this heading that are made avail- sions of section 667 of the Foreign Assistance governance activities, the organizations imple- able for assistance for Iraq, not less than Act of 1961, $630,000,000, of which up to menting such assistance and the specific nature $56,000,000 shall be made available for democ- $25,000,000 may remain available until Sep- of that assistance shall not be subject to the racy, governance and rule of law programs in tember 30, 2007: Provided, That none of the prior approval by the Government of Egypt: Iraq: Provided further, That of the funds appro- funds appropriated under this heading and Provided further, That of the funds appropriated under this heading, not less than under the heading ‘‘Capital Investment Fund’’ priated under this heading for assistance for $19,000,000 shall be made available for assistance may be made available to finance the construc- Egypt, not less than $135,000,000 shall be made for the Democratic Republic of Timor-Leste, of tion (including architect and engineering serv- available for project assistance, of which not which up to $1,000,000 may be available for ad- ices), purchase, or long-term lease of offices for less than $50,000,000 shall be made available for ministrative expenses of the United States Agen- use by the United States Agency for Inter- democracy, human rights and governance pro- cy for International Development: Provided fur- national Development, unless the Administrator grams and not less than $50,000,000 shall be used ther, That notwithstanding any other provision has identified such proposed construction (infor education programs, of which not less than of law, funds appropriated under this heading cluding architect and engineering services), pur- $5,000,000 shall be made available for scholar- shall be made available for programs and activi- chase, or long-term lease of offices in a report ships for disadvantaged Egyptian students to ties for the Central Highlands of Vietnam: Pro- submitted to the Committees on Appropriations attend American accredited institutions of high- vided further, That funds appropriated under at least 15 days prior to the obligation of these er education in Egypt: Provided further, That of this heading that are made available for a Mid- funds for such purposes: Provided further, That the funds appropriated under this heading for dle East Financing Facility, Middle East Enter- the previous proviso shall not apply where the assistance for Egypt for economic reform activi- total cost of construction (including architect ties, $227,600,000 shall be withheld from obliga- prise Fund, or any other similar entity in the and engineering services), purchase, or long- tion until the Secretary of State determines and Middle East shall be subject to the regular noti- term lease of offices does not exceed $1,000,000: reports to the Committees on Appropriations fication procedures of the Committees on Appro- Provided further, That contracts or agreements that Egypt has met the calendar year 2005 priations: Provided further, That of funds ap- entered into with funds appropriated under this benchmarks accompanying the ‘‘Financial Sec- propriated under this heading, $13,000,000 heading may entail commitments for the expend- tor Reform Memorandum of Understanding’’ should be made available for a United States iture of such funds through fiscal year 2007: dated March 20, 2005: Provided further, That contribution to the Special Court for Sierra Provided further, That none of the funds in this $20,000,000 of the funds appropriated under this Leone: Provided further, That with respect to Act may be used to open a new overseas mission heading should be made available for Cyprus to funds appropriated under this heading in this of the United States Agency for International be used only for scholarships, administrative Act or prior Acts making appropriations for for- Development without the prior written notifica- support of the scholarship program, bicommunal eign operations, export financing, and related tion of the Committees on Appropriations: Pro- projects, and measures aimed at reunification of programs, the responsibility for policy decisions vided further, That the authority of sections 610 the island and designed to reduce tensions and and justifications for the use of such funds, in- and 109 of the Foreign Assistance Act of 1961 promote peace and cooperation between the two cluding whether there will be a program for a may be exercised by the Secretary of State to communities on Cyprus: Provided further, That country that uses those funds and the amount transfer funds appropriated to carry out chap- in exercising the authority to provide cash of each such program, shall be the responsibility ter 1 of part I of such Act to ‘‘Operating Ex- transfer assistance for Israel, the President shall of the Secretary of State and the Deputy Sec- penses of the United States Agency for Inter- ensure that the level of such assistance does not retary of State and this responsibility shall not national Development’’ in accordance with the cause an adverse impact on the total level of be delegated. provisions of those sections. nonmilitary exports from the United States to INTERNATIONAL FUND FOR IRELAND CAPITAL INVESTMENT FUND such country and that Israel enters into a side For necessary expenses for overseas construc- letter agreement in an amount proportional to For necessary expenses to carry out the provi- tion and related costs, and for the procurement the fiscal year 1999 agreement: Provided further, sions of chapter 4 of part II of the Foreign As- and enhancement of information technology That of the funds appropriated under this head- sistance Act of 1961, $13,500,000, which shall be and related capital investments, pursuant to ing, not less than $250,000,000 should be made available for the United States contribution to section 667 of the Foreign Assistance Act of 1961, available only for assistance for Jordan: Pro- the International Fund for Ireland and shall be $70,000,000, to remain available until expended: vided further, That of the funds appropriated made available in accordance with the provi- Provided, That this amount is in addition to under this heading that are available for assist- sions of the Anglo-Irish Agreement Support Act funds otherwise available for such purposes: ance for the West Bank and Gaza, not to exceed of 1986 (Public Law 99–415): Provided, That Provided further, That funds appropriated $2,000,000 may be used for administrative ex- such amount shall be expended at the minimum under this heading shall be available for obliga- penses of the United States Agency for Inter- rate necessary to make timely payment for tion only pursuant to the regular notification national Development, in addition to funds oth- projects and activities: Provided further, That procedures of the Committees on Appropriations: erwise available for such purposes, to carry out funds made available under this heading shall Provided further, That of the funds appro- programs in the West Bank and Gaza: Provided remain available until September 30, 2007.

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.024 H02NOPT1 H9502 CONGRESSIONAL RECORD — HOUSE November 2, 2005

ASSISTANCE FOR EASTERN EUROPE AND THE tives, and not less than $1,500,000 shall be made propriated under this heading shall be used to BALTIC STATES available for coal mine safety programs. pay for abortions: Provided further, That the (a) For necessary expenses to carry out the (d) Of the funds appropriated under this Director may transfer to the Foreign Currency provisions of the Foreign Assistance Act of 1961 heading, $2,500,000 shall be made available for Fluctuations Account, as authorized by 22 and the Support for East European Democracy the Business Information Service for the Newly U.S.C. 2515, an amount not to exceed $2,000,000: (SEED) Act of 1989, $361,000,000, to remain Independent States. Provided further, That funds transferred pursu- available until September 30, 2007, which shall (e)(1) Of the funds appropriated under this ant to the previous proviso may not be derived be available, notwithstanding any other provi- heading that are allocated for assistance for the from amounts made available for Peace Corps sion of law, for assistance and for related pro- Government of the Russian Federation, 60 per- overseas operations. grams for Eastern Europe and the Baltic States: cent shall be withheld from obligation until the MILLENNIUM CHALLENGE CORPORATION Provided, That of the funds appropriated under President determines and certifies in writing to For necessary expenses for the ‘‘Millennium this heading $5,000,000 should be made available the Committees on Appropriations that the Gov- Challenge Corporation’’, $1,770,000,000 to re- for rule of law programs for the training of ernment of the Russian Federation— main available until expended: Provided, That judges and prosecutors. (A) has terminated implementation of ar- of the funds appropriated under this heading, (b) Funds appropriated under this heading rangements to provide Iran with technical ex- up to $75,000,000 may be available for adminis- shall be considered to be economic assistance pertise, training, technology, or equipment nec- trative expenses of the Millennium Challenge under the Foreign Assistance Act of 1961 for essary to develop a nuclear reactor, related nu- Corporation: Provided further, That up to 10 purposes of making available the administrative clear research facilities or programs, or ballistic percent of the funds appropriated under this authorities contained in that Act for the use of missile capability; and heading may be made available to carry out the economic assistance. (B) is providing full access to international purposes of section 616 of the Millennium Chal- (c) The provisions of section 529 of this Act non-government organizations providing hu- lenge Act of 2003 for candidate countries for fis- shall apply to funds appropriated under this manitarian relief to refugees and internally dis- cal year 2006: Provided further, That none of heading: Provided, That notwithstanding any placed persons in Chechnya. the funds available to carry out section 616 of provision of this or any other Act, including (2) Paragraph (1) shall not apply to— such Act may be made available until the Chief provisions in this subsection regarding the ap- (A) assistance to combat infectious diseases, Executive Officer of the Millennium Challenge plication of section 529 of this Act, local cur- child survival activities, or assistance for victims Corporation provides a report to the Committees rencies generated by, or converted from, funds of trafficking in persons; and on Appropriations listing the candidate coun- appropriated by this Act and by previous appro- (B) activities authorized under title V (Non- tries that will be receiving assistance under sec- priations Acts and made available for the eco- proliferation and Disarmament Programs and tion 616 of such Act, the level of assistance pro- nomic revitalization program in Bosnia may be Activities) of the FREEDOM Support Act. posed for each such country, a description of used in Eastern Europe and the Baltic States to (f) Section 907 of the FREEDOM Support Act the proposed programs, projects and activities, carry out the provisions of the Foreign Assist- shall not apply to— and the implementing agency or agencies of the ance Act of 1961 and the Support for East Euro- (1) activities to support democracy or assist- United States Government: Provided further, pean Democracy (SEED) Act of 1989. ance under title V of the FREEDOM Support That section 605(e)(4) of the Millennium Chal- (d) The President is authorized to withhold Act and section 1424 of Public Law 104–201 or lenge Act of 2003 shall apply to funds appro- funds appropriated under this heading made non-proliferation assistance; priated under this heading: Provided further, available for economic revitalization programs (2) any assistance provided by the Trade and That funds appropriated under this heading in Bosnia and Herzegovina, if he determines Development Agency under section 661 of the may be made available for a Millennium Chal- and certifies to the Committees on Appropria- Foreign Assistance Act of 1961 (22 U.S.C. 2421); lenge Compact entered into pursuant to section tions that the Federation of Bosnia and (3) any activity carried out by a member of the 609 of the Millennium Challenge Act of 2003 Herzegovina has not complied with article III of United States and Foreign Commercial Service only if such Compact obligates, or contains a annex 1–A of the General Framework Agreement while acting within his or her official capacity; commitment to obligate subject to the avail- for Peace in Bosnia and Herzegovina con- (4) any insurance, reinsurance, guarantee or ability of funds and the mutual agreement of cerning the withdrawal of foreign forces, and other assistance provided by the Overseas Pri- the parties to the Compact to proceed, the entire that intelligence cooperation on training, inves- vate Investment Corporation under title IV of amount of the United States Government fund- tigations, and related activities between state chapter 2 of part I of the Foreign Assistance Act ing anticipated for the duration of the Compact. sponsors of terrorism and terrorist organizations of 1961 (22 U.S.C. 2191 et seq.); DEPARTMENT OF STATE and Bosnian officials has not been terminated. (5) any financing provided under the Export- GLOBAL HIV/AIDS INITIATIVE ASSISTANCE FOR THE INDEPENDENT STATES OF Import Bank Act of 1945; or For necessary expenses to carry out the provi- THE FORMER SOVIET UNION (6) humanitarian assistance. sions of the Foreign Assistance Act of 1961 for (a) For necessary expenses to carry out the INDEPENDENT AGENCIES the prevention, treatment, and control of, and provisions of chapters 11 and 12 of part I of the INTER-AMERICAN FOUNDATION research on, HIV/AIDS, $1,995,000,000, to remain Foreign Assistance Act of 1961 and the FREE- For necessary expenses to carry out the func- available until expended, of which $200,000,000 DOM Support Act, for assistance for the Inde- tions of the Inter-American Foundation in ac- shall be made available, notwithstanding any pendent States of the former Soviet Union and cordance with the provisions of section 401 of other provision of law, except for the United for related programs, $514,000,000, to remain the Foreign Assistance Act of 1969, $19,500,000, States Leadership Against HIV/AIDS, Tuber- available until September 30, 2007: Provided, to remain available until September 30, 2007. culosis and Malaria Act of 2003 (Public Law 108–25) for a United States contribution to the That the provisions of such chapters shall apply AFRICAN DEVELOPMENT FOUNDATION to funds appropriated by this paragraph: Pro- Global Fund to Fight AIDS, Tuberculosis and For necessary expenses to carry out title V of vided further, That funds made available for the Malaria, and shall be expended at the minimum the International Security and Development Co- Southern Caucasus region may be used, not- rate necessary to make timely payment for operation Act of 1980, Public Law 96–533, withstanding any other provision of law, for projects and activities. $23,000,000, to remain available until September confidence-building measures and other activi- DEMOCRACY FUND 30, 2007: Provided, That funds made available to ties in furtherance of the peaceful resolution of (a) For necessary expenses to carry out the grantees may be invested pending expenditure the regional conflicts, especially those in the vi- provisions of the Foreign Assistance Act of 1961 for project purposes when authorized by the cinity of Abkhazia and Nagorno-Karabagh: for the promotion of democracy, governance, board of directors of the Foundation: Provided Provided further, That notwithstanding any human rights, independent media, and the rule further, That interest earned shall be used only other provision of law, funds appropriated of law globally, $95,000,000, to remain available for the purposes for which the grant was made: under this heading in this Act or prior Acts until September 30, 2008: Provided, That funds Provided further, That notwithstanding section making appropriations for foreign operations, appropriated under this heading shall be made 505(a)(2) of the African Development Founda- export financing, and related programs, that are available notwithstanding any other provision tion Act, in exceptional circumstances the board made available pursuant to the provisions of of law, and of such funds $63,200,000 shall be of directors of the Foundation may waive the section 807 of Public Law 102–511 shall be sub- made available for the Human Rights and De- $250,000 limitation contained in that section ject to a 6 percent ceiling on administrative ex- mocracy Fund of the Bureau of Democracy, with respect to a project: Provided further, That penses. Human Rights and Labor, Department of State, the Foundation shall provide a report to the (b) Of the funds appropriated under this and not less than $15,250,000 shall be made Committees on Appropriations after each time heading, not less than $50,000,000 should be available for the National Endowment for De- such waiver authority is exercised. made available, in addition to funds otherwise mocracy: Provided further, That funds appro- available for such purposes, for assistance for PEACE CORPS priated under this heading are in addition to child survival, environmental and reproductive (INCLUDING TRANSFER OF FUNDS) funds otherwise available for such purposes: health, and to combat HIV/AIDS, tuberculosis For necessary expenses to carry out the provi- Provided further, That funds made available by and other infectious diseases, and for related sions of the Peace Corps Act (75 Stat. 612), in- title II of this Act for purposes of this section for activities. cluding the purchase of not to exceed five pas- any contract, grant, or cooperative agreement (c) Of the funds appropriated under this senger motor vehicles for administrative pur- (or any amendment to any contract, grant, or heading that are made available for assistance poses for use outside of the United States, cooperative agreement) in excess of $10,000,000 for Ukraine, not less than $5,000,000 should be $322,000,000, to remain available until September shall be subject to the regular notification pro- made available for nuclear reactor safety initia- 30, 2007: Provided, That none of the funds ap- cedures of the Committees on Appropriations.

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.027 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9503 (b) Funds appropriated in subsection (a) National Liberation Army (ELN), and the made available for such purposes unless pro- should be made available for assistance for Tai- United Self-Defense Forces of Colombia (AUC), grams are being implemented by the United wan for the purposes of furthering political and and to take actions to protect human health States Agency for International Development, legal reforms: Provided, That such funds shall and welfare in emergency circumstances, includ- the Government of Colombia, or other organiza- only be made available to the extent that they ing undertaking rescue operations: Provided tions, in consultation with local communities, to are matched from sources other than the United further, That this authority shall cease to be ef- provide alternative sources of income in areas States Government. fective if the Secretary of State has credible evi- where security permits for small-acreage growers (c) Funds appropriated in subsection (a) shall dence that the Colombian Armed Forces are not whose illicit crops are targeted for fumigation: be made available for programs and activities to conducting vigorous operations to restore gov- Provided further, That of the funds appro- foster democracy, governance, human rights, ernment authority and respect for human rights priated under this heading, not less than civic education, women’s development, press in areas under the effective control of para- $2,000,000 should be made available for programs freedom, and the rule of law in countries located military and guerrilla organizations: Provided to protect biodiversity and indigenous reserves outside the Middle East region with a signifi- further, That the President shall ensure that if in Colombia: Provided further, That funds ap- cant Muslim population, and where such pro- any helicopter procured with funds under this propriated by this Act may be used for aerial fu- grams and activities would be important to heading is used to aid or abet the operations of migation in Colombia’s national parks or re- United States efforts to respond to, deter, or pre- any illegal self-defense group or illegal security serves only if the Secretary of State determines vent acts of international terrorism: Provided, cooperative, such helicopter shall be imme- that it is in accordance with Colombian laws That such funds should support new initiatives diately returned to the United States: Provided and that there are no effective alternatives to and activities in those countries: Provided fur- further, That the Secretary of State, in con- reduce drug cultivation in these areas: Provided sultation with the Administrator of the United ther, That of the funds appropriated in sub- further, That no United States Armed Forces States Agency for International Development, section (a) $5,000,000 shall be made available for personnel or United States civilian contractor shall provide to the Committees on Appropria- continuing programs and activities that provide employed by the United States will participate tions not later than 45 days after the date of the professional training for journalists. in any combat operation in connection with as- enactment of this Act and prior to the initial ob- (d) Notwithstanding any other provision of sistance made available by this Act for Colom- ligation of funds appropriated under this head- law, funds appropriated by this Act may be bia: Provided further, That funds appropriated ing, a report on the proposed uses of all funds made available for democracy, governance, under this heading that are made available for under this heading on a country-by-country human rights, and rule of law programs for assistance for the Bolivian military may be basis for each proposed program, project, or ac- Syria and Iran: Provided, That not less than made available for such purposes only if the $6,550,000 of the funds appropriated in sub- tivity: Provided further, That funds made available in this Act for demobilization/reintegration Secretary of State certifies that the Bolivian section (a) shall be made available for programs military is respecting human rights, and civilian and activities that support the advancement of of members of foreign terrorist organizations in Colombia shall be subject to prior consultation judicial authorities are investigating and pros- democracy in Iran and Syria. ecuting, with the military’s cooperation, mili- (e) Funds made available for purposes of this with, and the regular notification procedures of, the Committees on Appropriations: Provided tary personnel who have been implicated in section that are made available to the National gross violations of human rights: Provided fur- Endowment for Democracy may be made avail- further, That section 482(b) of the Foreign As- sistance Act of 1961 shall not apply to funds ap- ther, That of the funds appropriated under this able notwithstanding any other provision of law heading, not more than $19,015,000 may be or regulation. propriated under this heading: Provided further, That assistance provided with funds ap- available for administrative expenses of the De- (f) Funds made available pursuant to the au- partment of State, and not more than $7,800,000 thority of subsections (b), (c) and (d) shall be propriated under this heading that is made available notwithstanding section 482(b) of the may be available, in addition to amounts other- subject to the regular notification procedures of wise available for such purposes, for administra- the Committees on Appropriations. Foreign Assistance Act of 1961 shall be made available subject to the regular notification pro- tive expenses of the United States Agency for INTERNATIONAL NARCOTICS CONTROL AND LAW cedures of the Committees on Appropriations: International Development. ENFORCEMENT Provided further, That of the funds appro- MIGRATION AND REFUGEE ASSISTANCE For necessary expenses to carry out section priated under this heading that are available 481 of the Foreign Assistance Act of 1961, for alternative development/institution building, For expenses, not otherwise provided for, nec- $477,200,000, to remain available until September not less than $228,772,000 shall be apportioned essary to enable the Secretary of State to pro- 30, 2008: Provided, That during fiscal year 2006, directly to the United States Agency for Inter- vide, as authorized by law, a contribution to the the Department of State may also use the au- national Development including $131,232,000 for International Committee of the Red Cross, as- thority of section 608 of the Foreign Assistance assistance for Colombia: Provided further, That sistance to refugees, including contributions to Act of 1961, without regard to its restrictions, to with respect to funds apportioned to the United the International Organization for Migration receive excess property from an agency of the States Agency for International Development and the United Nations High Commissioner for United States Government for the purpose of under the previous proviso, the responsibility for Refugees, and other activities to meet refugee providing it to a foreign country under chapter policy decisions for the use of such funds, in- and migration needs; salaries and expenses of 8 of part I of that Act subject to the regular no- cluding what activities will be funded and the personnel and dependents as authorized by the tification procedures of the Committees on Ap- amount of funds that will be provided for each Foreign Service Act of 1980; allowances as au- propriations: Provided further, That the Sec- of those activities, shall be the responsibility of thorized by sections 5921 through 5925 of title 5, retary of State shall provide to the Committees the Administrator of the United States Agency United States Code; purchase and hire of pas- on Appropriations not later than 45 days after for International Development in consultation senger motor vehicles; and services as author- the date of the enactment of this Act and prior with the Assistant Secretary of State for Inter- ized by section 3109 of title 5, United States to the initial obligation of funds appropriated national Narcotics and Law Enforcement Af- Code, $791,000,000, to remain available until ex- under this heading, a report on the proposed fairs: Provided further, That of the funds appended: Provided, That not more than uses of all funds under this heading on a coun- propriated under this heading, in addition to $23,000,000 may be available for administrative try-by-country basis for each proposed program, funds made available for judicial reform pro- expenses: Provided further, That not less than project, or activity: Provided further, That of grams in Colombia, not less than $8,000,000 shall $40,000,000 of the funds made available under the funds appropriated under this heading, not be made available to the United States Agency this heading shall be made available for refu- less than $16,000,000 shall be made available for for International Development for organizations gees from the former Soviet Union and Eastern training programs and activities of the Inter- and programs to protect human rights: Provided Europe and other refugees resettling in Israel: national Law Enforcement Academies: Provided further, That not more than 20 percent of the Provided further, That funds appropriated further, That $10,000,000 of the funds appro- funds appropriated by this Act that are used for under this heading may be made available for a priated under this heading should be made the procurement of chemicals for aerial coca headquarters contribution to the International available for demand reduction programs: Pro- and poppy fumigation programs may be made Committee of the Red Cross only if the Secretary vided further, That of the funds appropriated available for such programs unless the Secretary of State determines (and so reports to the appro- under this heading, not more than $33,484,000 of State certifies to the Committees on Appro- priate committees of Congress) that the Magen may be available for administrative expenses. priations that: (1) the herbicide is being used in David Adom Society of Israel is not being denied ANDEAN COUNTERDRUG INITIATIVE accordance with EPA label requirements for participation in the activities of the Inter- For necessary expenses to carry out section comparable use in the United States and with national Red Cross and Red Crescent Move- 481 of the Foreign Assistance Act of 1961 to sup- Colombian laws; and (2) the herbicide, in the ment: Provided further, That funds appro- port counterdrug activities in the Andean region manner it is being used, does not pose unreason- priated under this heading should be made of South America, $734,500,000, to remain available risks or adverse effects to humans or the available to develop effective responses to pro- able until September 30, 2008: Provided, That in environment including endemic species: Pro- tracted refugee situations, including the devel- fiscal year 2006, funds available to the Depart- vided further, That such funds may not be made opment of programs to assist long-term refugee ment of State for assistance to the Government available unless the Secretary of State certifies populations within and outside traditional camp of Colombia shall be available to support a uni- to the Committees on Appropriations that com- settings that support refugees living or working fied campaign against narcotics trafficking, plaints of harm to health or licit crops caused in local communities such as integration of refu- against activities by organizations designated as by such fumigation are evaluated and fair com- gees into local schools and services, resource terrorist organizations such as the Revolu- pensation is being paid for meritorious claims: conservation projects and other projects de- tionary Armed Forces of Colombia (FARC), the Provided further, That such funds may not be signed to diminish conflict between refugee

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.029 H02NOPT1 H9504 CONGRESSIONAL RECORD — HOUSE November 2, 2005 hosting communities and refugees, and encour- modifying concessional credit agreements with Act of 1961, $86,744,000, of which up to $3,000,000 aging dialogue among refugee hosting commu- least developed countries, as authorized under may remain available until expended: Provided, nities, the United Nations High Commissioner section 411 of the Agricultural Trade Develop- That the civilian personnel for whom military for Refugees, and international and nongovern- ment and Assistance Act of 1954, as amended, of education and training may be provided under mental refugee assistance organizations to pro- concessional loans, guarantees and credit agree- this heading may include civilians who are not mote the rights to which refugees are entitled ments, as authorized under section 572 of the members of a government whose participation under the Convention Relating to the Status of Foreign Operations, Export Financing, and Re- would contribute to improved civil-military rela- Refugees of July 28, 1951 and the Protocol Relat- lated Programs Appropriations Act, 1989 (Public tions, civilian control of the military, or respect ing to the Status of Refugees, done at New York Law 100–461), and of canceling amounts owed, for human rights: Provided further, That funds January 31, 1967. as a result of loans or guarantees made pursu- appropriated under this heading for military UNITED STATES EMERGENCY REFUGEE AND ant to the Export-Import Bank Act of 1945, by education and training for Guatemala may only MIGRATION ASSISTANCE FUND countries that are eligible for debt reduction be available for expanded international military For necessary expenses to carry out the provi- pursuant to title V of H.R. 3425 as enacted into education and training, and funds made avail- sions of section 2(c) of the Migration and Ref- law by section 1000(a)(5) of Public Law 106–113, able for Haiti, the Democratic Republic of the ugee Assistance Act of 1962, as amended (22 $65,000,000, to remain available until September Congo, and Nigeria may only be provided U.S.C. 2601(c)), $30,000,000, to remain available 30, 2008: Provided, That not less than $20,000,000 through the regular notification procedures of until expended. of the funds appropriated under this heading the Committees on Appropriations. FOREIGN MILITARY FINANCING PROGRAM NONPROLIFERATION, ANTI-TERRORISM, DEMINING shall be made available to carry out the provi- For expenses necessary for grants to enable AND RELATED PROGRAMS sions of part V of the Foreign Assistance Act of 1961: Provided further, That amounts paid to the President to carry out the provisions of sec- For necessary expenses for nonproliferation, tion 23 of the Arms Export Control Act, anti-terrorism, demining and related programs the HIPC Trust Fund may be used only to fund debt reduction under the enhanced HIPC initia- $4,500,000,000: Provided, That of the funds ap- and activities, $410,100,000, to carry out the pro- propriated under this heading, not less than visions of chapter 8 of part II of the Foreign As- tive by— (1) the Inter-American Development Bank; $2,280,000,000 shall be available for grants only sistance Act of 1961 for anti-terrorism assist- (2) the African Development Fund; for Israel, and not less than $1,300,000,000 shall ance, chapter 9 of part II of the Foreign Assist- (3) the African Development Bank; and be made available for grants only for Egypt: ance Act of 1961, section 504 of the FREEDOM (4) the Central American Bank for Economic Provided further, That the funds appropriated Support Act, section 23 of the Arms Export Con- Integration: by this paragraph for Israel shall be disbursed trol Act or the Foreign Assistance Act of 1961 for Provided further, That funds may not be paid to within 30 days of the enactment of this Act: demining activities, the clearance of unexploded the HIPC Trust Fund for the benefit of any Provided further, That to the extent that the ordnance, the destruction of small arms, and re- country if the Secretary of State has credible Government of Israel requests that funds be lated activities, notwithstanding any other pro- evidence that the government of such country is used for such purposes, grants made available vision of law, including activities implemented engaged in a consistent pattern of gross viola- for Israel by this paragraph shall, as agreed by through nongovernmental and international or- tions of internationally recognized human rights Israel and the United States, be available for ganizations, and section 301 of the Foreign As- or in military or civil conflict that undermines advanced weapons systems, of which not less sistance Act of 1961 for a voluntary contribution its ability to develop and implement measures to than $595,000,000 shall be available for the pro- to the International Atomic Energy Agency alleviate poverty and to devote adequate human curement in Israel of defense articles and de- (IAEA), and for a United States contribution to and financial resources to that end: Provided fense services, including research and develop- the Comprehensive Nuclear Test Ban Treaty further, That on the basis of final appropria- ment: Provided further, That of the funds ap- Preparatory Commission: Provided, That of this tions, the Secretary of the Treasury shall con- propriated by this paragraph, $210,000,000 shall amount not to exceed $37,500,000, to remain sult with the Committees on Appropriations con- be made available for assistance for Jordan: available until expended, may be made available cerning which countries and international fi- Provided further, That funds appropriated or for the Nonproliferation and Disarmament nancial institutions are expected to benefit from otherwise made available by this paragraph Fund, notwithstanding any other provision of a United States contribution to the HIPC Trust shall be nonrepayable notwithstanding any re- law, to promote bilateral and multilateral activi- Fund during the fiscal year: Provided further, quirement in section 23 of the Arms Export Con- ties relating to nonproliferation and disar- That the Secretary of the Treasury shall inform trol Act: Provided further, That funds made mament: Provided further, That such funds may the Committees on Appropriations not less than available under this paragraph shall be obli- also be used for such countries other than the 15 days in advance of the signature of an agree- gated upon apportionment in accordance with Independent States of the former Soviet Union ment by the United States to make payments to paragraph (5)(C) of title 31, United States Code, and international organizations when it is in the HIPC Trust Fund of amounts for such coun- section 1501(a). the national security interest of the United tries and institutions: Provided further, That None of the funds made available under this States to do so: Provided further, That funds the Secretary of the Treasury may disburse heading shall be available to finance the pro- appropriated under this heading may be made funds designated for debt reduction through the curement of defense articles, defense services, or available for the International Atomic Energy HIPC Trust Fund only for the benefit of coun- design and construction services that are not Agency only if the Secretary of State determines tries that— sold by the United States Government under the (and so reports to the Congress) that Israel is (1) have committed, for a period of 24 months, Arms Export Control Act unless the foreign not being denied its right to participate in the not to accept new market-rate loans from the country proposing to make such procurements activities of that Agency: Provided further, That international financial institution receiving debt has first signed an agreement with the United of the funds made available for demining and repayment as a result of such disbursement, States Government specifying the conditions related activities, not to exceed $705,000, in addi- other than loans made by such institutions to under which such procurements may be fi- tion to funds otherwise available for such pur- export-oriented commercial projects that gen- nanced with such funds: Provided, That all poses, may be used for administrative expenses erate foreign exchange which are generally re- country and funding level increases in alloca- related to the operation and management of the ferred to as ‘‘enclave’’ loans; and tions shall be submitted through the regular no- demining program: Provided further, That funds (2) have documented and demonstrated their tification procedures of section 515 of this Act: appropriated under this heading that are avail- commitment to redirect their budgetary re- Provided further, That none of the funds appro- able for ‘‘Anti-terrorism Assistance’’ and ‘‘Ex- sources from international debt repayments to priated under this heading shall be available for port Control and Border Security’’ shall remain programs to alleviate poverty and promote eco- assistance for Sudan and Guatemala: Provided available until September 30, 2007. nomic growth that are additional to or expand further, That none of the funds appropriated under this heading may be made available for DEPARTMENT OF THE TREASURY upon those previously available for such pur- assistance for Haiti except pursuant to the reg- INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE poses: Provided further, That any limitation of sub- ular notification procedures of the Committees For necessary expenses to carry out the provi- section (e) of section 411 of the Agricultural on Appropriations: Provided further, That sions of section 129 of the Foreign Assistance Trade Development and Assistance Act of 1954 funds made available under this heading may be Act of 1961, $20,000,000, to remain available until shall not apply to funds appropriated under this used, notwithstanding any other provision of September 30, 2008, which shall be available not- heading: Provided further, That none of the law, for demining, the clearance of unexploded withstanding any other provision of law. funds made available under this heading in this ordnance, and related activities, and may in- DEBT RESTRUCTURING or any other appropriations Act shall be made clude activities implemented through non- For the cost, as defined in section 502 of the available for Sudan or Burma unless the Sec- governmental and international organizations: Congressional Budget Act of 1974, of modifying retary of the Treasury determines and notifies Provided further, That only those countries for loans and loan guarantees, as the President the Committees on Appropriations that a demo- which assistance was justified for the ‘‘Foreign may determine, for which funds have been ap- cratically elected government has taken office. Military Sales Financing Program’’ in the fiscal propriated or otherwise made available for pro- year 1989 congressional presentation for security TITLE III—MILITARY ASSISTANCE grams within the International Affairs Budget assistance programs may utilize funds made Function 150, including the cost of selling, re- FUNDS APPROPRIATED TO THE PRESIDENT available under this heading for procurement of ducing, or canceling amounts owed to the INTERNATIONAL MILITARY EDUCATION AND defense articles, defense services or design and United States as a result of concessional loans TRAINING construction services that are not sold by the made to eligible countries, pursuant to parts IV For necessary expenses to carry out the provi- United States Government under the Arms Ex- and V of the Foreign Assistance Act of 1961, of sions of section 541 of the Foreign Assistance port Control Act: Provided further, That funds

VerDate Aug 31 2005 05:53 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.031 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9505

appropriated under this heading shall be ex- CONTRIBUTION TO THE AFRICAN DEVELOPMENT untary contribution of the United States to the pended at the minimum rate necessary to make BANK United Nations (including the United Nations timely payment for defense articles and services: For payment to the African Development Development Program) if the United Nations im- Provided further, That not more than Bank by the Secretary of the Treasury, plements or imposes any taxation on any United $42,500,000 of the funds appropriated under this $3,638,000, for the United States paid-in share of States persons. heading may be obligated for necessary ex- the increase in capital stock, to remain available LIMITATION ON RESIDENCE EXPENSES penses, including the purchase of passenger until expended. SEC. 503. Of the funds appropriated or made motor vehicles for replacement only for use out- LIMITATION ON CALLABLE CAPITAL available pursuant to this Act, not to exceed side of the United States, for the general costs of SUBSCRIPTIONS $100,500 shall be for official residence expenses administering military assistance and sales: Pro- The United States Governor of the African of the United States Agency for International vided further, That not more than $373,000,000 Development Bank may subscribe without fiscal Development during the current fiscal year: of funds realized pursuant to section 21(e)(1)(A) year limitation for the callable capital portion of Provided, That appropriate steps shall be taken of the Arms Export Control Act may be obligated the United States share of such capital stock in to assure that, to the maximum extent possible, for expenses incurred by the Department of De- an amount not to exceed $88,333,855. United States-owned foreign currencies are uti- fense during fiscal year 2006 pursuant to section CONTRIBUTION TO THE AFRICAN DEVELOPMENT lized in lieu of dollars. 43(b) of the Arms Export Control Act, except FUND UNOBLIGATED BALANCES REPORT that this limitation may be exceeded only For the United States contribution by the Sec- SEC. 504. Any Department or Agency to which through the regular notification procedures of retary of the Treasury to the increase in re- funds are appropriated or otherwise made avail- the Committees on Appropriations: Provided sources of the African Development Fund, able by this Act shall provide to the Committees further, That foreign military financing pro- $135,700,000, to remain available until expended. on Appropriations a quarterly accounting by gram funds estimated to be outlayed for Egypt CONTRIBUTION TO THE EUROPEAN BANK FOR program, project, and activity of the funds re- during fiscal year 2006 shall be transferred to an RECONSTRUCTION AND DEVELOPMENT ceived by such Department or Agency in this fis- interest bearing account for Egypt in the Fed- For payment to the European Bank for Re- cal year or any previous fiscal year that remain eral Reserve Bank of New York within 30 days construction and Development by the Secretary unobligated and unexpended. of enactment of this Act. of the Treasury, $1,015,677 for the United States LIMITATION ON REPRESENTATIONAL ALLOWANCES PEACEKEEPING OPERATIONS share of the paid-in portion of the increase in SEC. 505. Of the funds appropriated or made For necessary expenses to carry out the provi- capital stock, to remain available until ex- available pursuant to this Act, not to exceed sions of section 551 of the Foreign Assistance pended. $250,000 shall be available for representation Act of 1961, $175,000,000: Provided, That none of LIMITATION ON CALLABLE CAPITAL and entertainment allowances, of which not to the funds appropriated under this heading shall SUBSCRIPTIONS exceed $2,500 shall be available for entertain- be obligated or expended except as provided The United States Governor of the European ment allowances, for the United States Agency through the regular notification procedures of Bank for Reconstruction and Development may for International Development during the cur- the Committees on Appropriations. subscribe without fiscal year limitation to the rent fiscal year: Provided, That no such enter- TITLE IV—MULTILATERAL ECONOMIC callable capital portion of the United States tainment funds may be used for the purposes ASSISTANCE share of such capital stock in an amount not to listed in section 548 of this Act: Provided fur- exceed $2,249,888. ther, That appropriate steps shall be taken to FUNDS APPROPRIATED TO THE PRESIDENT CONTRIBUTION TO THE INTERNATIONAL FUND FOR assure that, to the maximum extent possible, INTERNATIONAL FINANCIAL INSTITUTIONS AGRICULTURAL DEVELOPMENT United States-owned foreign currencies are uti- GLOBAL ENVIRONMENT FACILITY For the United States contribution by the Sec- lized in lieu of dollars: Provided further, That of For the United States contribution for the retary of the Treasury to increase the resources the funds made available by this Act for general Global Environment Facility, $80,000,000 to the of the International Fund for Agricultural De- costs of administering military assistance and International Bank for Reconstruction and De- velopment, $15,000,000, to remain available until sales under the heading ‘‘Foreign Military Fi- velopment as trustee for the Global Environment expended. nancing Program’’, not to exceed $4,000 shall be available for entertainment expenses and not to Facility (GEF), by the Secretary of the Treas- INTERNATIONAL ORGANIZATIONS AND PROGRAMS ury, to remain available until expended. exceed $130,000 shall be available for representa- For necessary expenses to carry out the provi- tion allowances: Provided further, That of the CONTRIBUTION TO THE INTERNATIONAL sions of section 301 of the Foreign Assistance funds made available by this Act under the DEVELOPMENT ASSOCIATION Act of 1961, and of section 2 of the United Na- heading ‘‘International Military Education and For payment to the International Develop- tions Environment Program Participation Act of Training’’, not to exceed $55,000 shall be avail- ment Association by the Secretary of the Treas- 1973, $329,458,000: Provided, That none of the able for entertainment allowances: Provided fur- ury, $950,000,000, to remain available until ex- funds appropriated under this heading may be ther, That of the funds made available by this pended. made available to the International Atomic En- Act for the Inter-American Foundation, not to CONTRIBUTION TO THE MULTILATERAL ergy Agency (IAEA). exceed $2,000 shall be available for entertain- INVESTMENT GUARANTEE AGENCY TITLE V—GENERAL PROVISIONS ment and representation allowances: Provided For payment to the Multilateral Investment COMPENSATION FOR UNITED STATES EXECUTIVE further, That of the funds made available by Guarantee Agency by the Secretary of the DIRECTORS TO INTERNATIONAL FINANCIAL INSTI- this Act for the Peace Corps, not to exceed a Treasury, $1,300,000, to remain available until TUTIONS total of $4,000 shall be available for entertain- expended. SEC. 501. (a) No funds appropriated by this ment expenses: Provided further, That of the LIMITATION ON CALLABLE CAPITAL Act may be made as payment to any inter- funds made available by this Act under the SUBSCRIPTIONS national financial institution while the United heading ‘‘Trade and Development Agency’’, not The United States Governor of the Multilat- States Executive Director to such institution is to exceed $4,000 shall be available for represen- eral Investment Guarantee Agency may sub- compensated by the institution at a rate which, tation and entertainment allowances: Provided scribe without fiscal year limitation to the call- together with whatever compensation such Di- further, That of the funds made available by able capital portion of the United States share rector receives from the United States, is in ex- this Act under the heading ‘‘Millennium Chal- of such capital in an amount not to exceed cess of the rate provided for an individual occu- lenge Corporation’’, not to exceed $115,000 shall $8,126,527. pying a position at level IV of the Executive be available for representation and entertain- CONTRIBUTION TO THE INTER-AMERICAN Schedule under section 5315 of title 5, United ment allowances. INVESTMENT CORPORATION States Code, or while any alternate United PROHIBITION ON TAXATION OF UNITED STATES For payment to the Inter-American Invest- States Director to such institution is com- ASSISTANCE ment Corporation by the Secretary of the Treas- pensated by the institution at a rate in excess of SEC. 506. (a) PROHIBITION ON TAXATION.— ury, $1,741,515, to remain available until ex- the rate provided for an individual occupying a None of the funds appropriated by this Act may pended. position at level V of the Executive Schedule be made available to provide assistance for a under section 5316 of title 5, United States Code. foreign country under a new bilateral agreement CONTRIBUTION TO THE ENTERPRISE FOR THE (b) For purposes of this section ‘‘international governing the terms and conditions under which AMERICAS MULTILATERAL INVESTMENT FUND financial institutions’’ are: the International such assistance is to be provided unless such For payment to the Enterprise for the Amer- Bank for Reconstruction and Development, the agreement includes a provision stating that as- icas Multilateral Investment Fund by the Sec- Inter-American Development Bank, the Asian sistance provided by the United States shall be retary of the Treasury, for the United States Development Bank, the Asian Development exempt from taxation, or reimbursed, by the for- contribution to the fund, $1,741,515, to remain Fund, the African Development Bank, the Afri- eign government, and the Secretary of State available until expended. can Development Fund, the International Mon- shall expeditiously seek to negotiate amend- CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND etary Fund, the North American Development ments to existing bilateral agreements, as nec- For the United States contribution by the Sec- Bank, and the European Bank for Reconstruc- essary, to conform with this requirement. retary of the Treasury to the increase in re- tion and Development. (b) REIMBURSEMENT OF FOREIGN TAXES.—An sources of the Asian Development Fund, as au- RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO amount equivalent to 200 percent of the total thorized by the Asian Development Bank Act, as UNITED NATIONS AGENCIES taxes assessed during fiscal year 2006 on funds amended, $100,000,000, to remain available until SEC. 502. None of the funds appropriated by appropriated by this Act by a foreign govern- expended. this Act may be made available to pay any vol- ment or entity against commodities financed

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.034 H02NOPT1 H9506 CONGRESSIONAL RECORD — HOUSE November 2, 2005 under United States assistance programs for That assistance may be resumed to such govern- which the availability of such funds would oth- which funds are appropriated by this Act, either ment if the President determines and certifies to erwise have expired, if such funds are initially directly or through grantees, contractors and the Committees on Appropriations that subse- obligated before the expiration of their respec- subcontractors shall be withheld from obligation quent to the termination of assistance a demo- tive periods of availability contained in this Act: from funds appropriated for assistance for fiscal cratically elected government has taken office: Provided further, That, notwithstanding any year 2007 and allocated for the central govern- Provided further, That the provisions of this other provision of this Act, any funds made ment of such country and for the West Bank section shall not apply to assistance to promote available for the purposes of chapter 1 of part I and Gaza Program to the extent that the Sec- democratic elections or public participation in and chapter 4 of part II of the Foreign Assist- retary of State certifies and reports in writing to democratic processes: Provided further, That ance Act of 1961 which are allocated or obli- the Committees on Appropriations that such funds made available pursuant to the previous gated for cash disbursements in order to address taxes have not been reimbursed to the Govern- provisos shall be subject to the regular notifica- balance of payments or economic policy reform ment of the United States. tion procedures of the Committees on Appropria- objectives, shall remain available until ex- (c) DE MINIMIS EXCEPTION.—Foreign taxes of tions. pended. a de minimis nature shall not be subject to the TRANSFERS LIMITATION ON ASSISTANCE TO COUNTRIES IN provisions of subsection (b). SEC. 509. (a)(1) LIMITATION ON TRANSFERS BE- DEFAULT (d) REPROGRAMMING OF FUNDS.—Funds with- TWEEN AGENCIES.—None of the funds made SEC. 512. No part of any appropriation con- held from obligation for each country or entity available by this Act may be transferred to any tained in this Act shall be used to furnish assist- pursuant to subsection (b) shall be repro- department, agency, or instrumentality of the ance to the government of any country which is grammed for assistance to countries which do United States Government, except pursuant to a in default during a period in excess of 1 cal- not assess taxes on United States assistance or transfer made by, or transfer authority provided endar year in payment to the United States of which have an effective arrangement that is in, this Act or any other appropriation Act. principal or interest on any loan made to the providing substantial reimbursement of such (2) Notwithstanding paragraph (1), in addi- government of such country by the United taxes. tion to transfers made by, or authorized else- States pursuant to a program for which funds (e) DETERMINATIONS.— where in, this Act, funds appropriated by this are appropriated under this Act unless the (1) The provisions of this section shall not Act to carry out the purposes of the Foreign As- President determines, following consultations apply to any country or entity the Secretary of sistance Act of 1961 may be allocated or trans- with the Committees on Appropriations, that as- State determines— ferred to agencies of the United States Govern- sistance to such country is in the national inter- (A) does not assess taxes on United States as- ment pursuant to the provisions of sections 109, est of the United States. sistance or which has an effective arrangement 610, and 632 of the Foreign Assistance Act of COMMERCE AND TRADE that is providing substantial reimbursement of 1961. SEC. 513. (a) None of the funds appropriated such taxes; or (b) TRANSFERS BETWEEN ACCOUNTS.—None of or made available pursuant to this Act for direct (B) the foreign policy interests of the United the funds made available by this Act may be ob- assistance and none of the funds otherwise States outweigh the policy of this section to en- ligated under an appropriation account to made available pursuant to this Act to the Ex- sure that United States assistance is not subject which they were not appropriated, except for port-Import Bank and the Overseas Private In- to taxation. transfers specifically provided for in this Act, vestment Corporation shall be obligated or ex- (2) The Secretary of State shall consult with unless the President, not less than 5 days prior pended to finance any loan, any assistance or the Committees on Appropriations at least 15 to the exercise of any authority contained in the any other financial commitments for estab- days prior to exercising the authority of this Foreign Assistance Act of 1961 to transfer funds, lishing or expanding production of any com- subsection with regard to any country or entity. consults with and provides a written policy jus- modity for export by any country other than the (f) IMPLEMENTATION.—The Secretary of State tification to the Committees on Appropriations United States, if the commodity is likely to be in shall issue rules, regulations, or policy guid- of the House of Representatives and the Senate. surplus on world markets at the time the result- ance, as appropriate, to implement the prohibi- (c) AUDIT OF INTER-AGENCY TRANSFERS.—Any ing productive capacity is expected to become tion against the taxation of assistance con- agreement for the transfer or allocation of funds operative and if the assistance will cause sub- tained in this section. appropriated by this Act, or prior Acts, entered stantial injury to United States producers of the (g) DEFINITIONS.—As used in this section— into between the United States Agency for Inter- same, similar, or competing commodity: Pro- (1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to national Development and another agency of vided, That such prohibition shall not apply to value added taxes and customs duties imposed the United States Government under the author- the Export-Import Bank if in the judgment of its on commodities financed with United States as- ity of section 632(a) of the Foreign Assistance Board of Directors the benefits to industry and sistance for programs for which funds are ap- Act of 1961 or any comparable provision of law, employment in the United States are likely to propriated by this Act; and shall expressly provide that the Office of the In- outweigh the injury to United States producers (2) the term ‘‘bilateral agreement’’ refers to a spector General for the agency receiving the of the same, similar, or competing commodity, framework bilateral agreement between the Gov- transfer or allocation of such funds shall per- and the Chairman of the Board so notifies the ernment of the United States and the govern- form periodic program and financial audits of Committees on Appropriations. ment of the country receiving assistance that the use of such funds: Provided, That funds (b) None of the funds appropriated by this or describes the privileges and immunities applica- transferred under such authority may be made any other Act to carry out chapter 1 of part I ble to United States foreign assistance for such available for the cost of such audits. of the Foreign Assistance Act of 1961 shall be country generally, or an individual agreement COMMERCIAL LEASING OF DEFENSE ARTICLES available for any testing or breeding feasibility between the Government of the United States SEC. 510. Notwithstanding any other provision study, variety improvement or introduction, and such government that describes, among of law, and subject to the regular notification consultancy, publication, conference, or train- other things, the treatment for tax purposes that procedures of the Committees on Appropriations, ing in connection with the growth or production will be accorded the United States assistance the authority of section 23(a) of the Arms Export in a foreign country of an agricultural com- provided under that agreement. Control Act may be used to provide financing to modity for export which would compete with a PROHIBITION AGAINST DIRECT FUNDING FOR Israel, Egypt and NATO and major non-NATO similar commodity grown or produced in the CERTAIN COUNTRIES allies for the procurement by leasing (including United States: Provided, That this subsection SEC. 507. None of the funds appropriated or leasing with an option to purchase) of defense shall not prohibit— otherwise made available pursuant to this Act articles from United States commercial suppliers, (1) activities designed to increase food security shall be obligated or expended to finance di- not including Major Defense Equipment (other in developing countries where such activities rectly any assistance or reparations to Cuba, than helicopters and other types of aircraft hav- will not have a significant impact on the export Libya, North Korea, Iran, or Syria: Provided, ing possible civilian application), if the Presi- of agricultural commodities of the United States; That for purposes of this section, the prohibition dent determines that there are compelling for- or on obligations or expenditures shall include di- eign policy or national security reasons for (2) research activities intended primarily to rect loans, credits, insurance and guarantees of those defense articles being provided by commer- benefit American producers. the Export-Import Bank or its agents: Provided cial lease rather than by government-to-govern- SURPLUS COMMODITIES further, That for purposes of this section, the ment sale under such Act. SEC. 514. The Secretary of the Treasury shall prohibition shall not include activities of the AVAILABILITY OF FUNDS instruct the United States Executive Directors of Overseas Private Investment Corporation in SEC. 511. No part of any appropriation con- the International Bank for Reconstruction and Libya: Provided further, That the prohibition tained in this Act shall remain available for ob- Development, the International Development shall not include direct loans, credits, insurance ligation after the expiration of the current fiscal Association, the International Finance Corpora- and guarantees made available by the Export- year unless expressly so provided in this Act: tion, the Inter-American Development Bank, the Import Bank or its agents for or in Libya. Provided, That funds appropriated for the pur- International Monetary Fund, the Asian Devel- MILITARY COUPS poses of chapters 1, 8, 11, and 12 of part I, sec- opment Bank, the Inter-American Investment SEC. 508. None of the funds appropriated or tion 667, chapters 4, 6, 8, and 9 of part II of the Corporation, the North American Development otherwise made available pursuant to this Act Foreign Assistance Act of 1961, section 23 of the Bank, the European Bank for Reconstruction shall be obligated or expended to finance di- Arms Export Control Act, and funds provided and Development, the African Development rectly any assistance to the government of any under the heading ‘‘Assistance for Eastern Eu- Bank, and the African Development Fund to country whose duly elected head of government rope and the Baltic States’’, shall remain avail- use the voice and vote of the United States to is deposed by military coup or decree: Provided, able for an additional 4 years from the date on oppose any assistance by these institutions,

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.036 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9507 using funds appropriated or made available pur- the Foreign Assistance Act of 1961, shall remain ferred between such appropriations for use for suant to this Act, for the production or extrac- available for obligation until September 30, 2007. any of the purposes, programs, and activities for tion of any commodity or mineral for export, if INDEPENDENT STATES OF THE FORMER SOVIET which the funds in such receiving account may it is in surplus on world markets and if the as- UNION be used, but no such appropriation, except as sistance will cause substantial injury to United SEC. 517. (a) None of the funds appropriated otherwise specifically provided, shall be in- States producers of the same, similar, or com- under the heading ‘‘Assistance for the Inde- creased by more than 25 percent by any such peting commodity. pendent States of the Former Soviet Union’’ transfer: Provided, That the exercise of such au- NOTIFICATION REQUIREMENTS shall be made available for assistance for a gov- thority shall be subject to the regular notifica- SEC. 515. For the purposes of providing the ex- ernment of an Independent State of the former tion procedures of the Committees on Appropria- ecutive branch with the necessary administra- Soviet Union if that government directs any actions. tive flexibility, none of the funds made available tion in violation of the territorial integrity or SPECIAL NOTIFICATION REQUIREMENTS under this Act for ‘‘Child Survival and Health national sovereignty of any other Independent SEC. 520. None of the funds appropriated by Programs Fund’’, ‘‘Development Assistance’’, State of the former Soviet Union, such as those this Act shall be obligated or expended for as- ‘‘International Organizations and Programs’’, violations included in the Helsinki Final Act: sistance for Liberia, Serbia, Sudan, Zimbabwe, ‘‘Trade and Development Agency’’, ‘‘Inter- Provided, That such funds may be made avail- Pakistan, or Cambodia except as provided national Narcotics Control and Law Enforce- able without regard to the restriction in this through the regular notification procedures of ment’’, ‘‘Andean Counterdrug Initiative’’, ‘‘As- subsection if the President determines that to do the Committees on Appropriations. sistance for Eastern Europe and the Baltic so is in the national security interest of the States’’, ‘‘Assistance for the Independent States United States. DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY of the Former Soviet Union’’, ‘‘Economic Sup- (b) None of the funds appropriated under the SEC. 521. For the purpose of this Act ‘‘pro- port Fund’’, ‘‘Global HIV/AIDS Initiative’’, heading ‘‘Assistance for the Independent States gram, project, and activity’’ shall be defined at ‘‘Democracy Fund’’, ‘‘Peacekeeping Oper- of the Former Soviet Union’’ shall be made the appropriations Act account level and shall ations’’, ‘‘Capital Investment Fund’’, ‘‘Oper- available for any state to enhance its military include all appropriations and authorizations ating Expenses of the United States Agency for capability: Provided, That this restriction does Acts earmarks, ceilings, and limitations with the International Development’’, ‘‘Operating Ex- not apply to demilitarization, demining or non- exception that for the following accounts: Eco- penses of the United States Agency for Inter- proliferation programs. nomic Support Fund and Foreign Military Fi- national Development Office of Inspector Gen- (c) Funds appropriated under the heading nancing Program, ‘‘program, project, and activ- eral’’, ‘‘Nonproliferation, Anti-terrorism, ‘‘Assistance for the Independent States of the ity’’ shall also be considered to include country, Demining and Related Programs’’, ‘‘Millennium Former Soviet Union’’ for the Russian Federa- regional, and central program level funding Challenge Corporation’’ (by country only), tion, Armenia, Kazakhstan, and Uzbekistan within each such account; for the development ‘‘Foreign Military Financing Program’’, ‘‘Inter- shall be subject to the regular notification pro- assistance accounts of the United States Agency national Military Education and Training’’, cedures of the Committees on Appropriations. for International Development ‘‘program, ‘‘Peace Corps’’, and ‘‘Migration and Refugee (d) Funds made available in this Act for as- project, and activity’’ shall also be considered to Assistance’’, shall be available for obligation for sistance for the Independent States of the include central, country, regional, and program activities, programs, projects, type of materiel former Soviet Union shall be subject to the pro- level funding, either as: (1) justified to the Con- assistance, countries, or other operations not visions of section 117 (relating to environment gress; or (2) allocated by the executive branch in justified or in excess of the amount justified to and natural resources) of the Foreign Assistance accordance with a report, to be provided to the the Committees on Appropriations for obligation Act of 1961. Committees on Appropriations within 30 days of under any of these specific headings unless the (e) In issuing new task orders, entering into the enactment of this Act, as required by section Committees on Appropriations of both Houses of contracts, or making grants, with funds appro- 653(a) of the Foreign Assistance Act of 1961. priated in this Act or prior appropriations Acts Congress are previously notified 15 days in ad- CHILD SURVIVAL AND HEALTH ACTIVITIES vance: Provided, That the President shall not under the heading ‘‘Assistance for the Inde- enter into any commitment of funds appro- pendent States of the Former Soviet Union’’ and SEC. 522. Up to $13,500,000 of the funds made priated for the purposes of section 23 of the under comparable headings in prior appropria- available by this Act for assistance under the Arms Export Control Act for the provision of tions Acts, for projects or activities that have as heading ‘‘Child Survival and Health Programs major defense equipment, other than conven- one of their primary purposes the fostering of Fund’’, may be used to reimburse United States tional ammunition, or other major defense items private sector development, the Coordinator for Government agencies, agencies of State govern- defined to be aircraft, ships, missiles, or combat United States Assistance to Europe and Eurasia ments, institutions of higher learning, and pri- vehicles, not previously justified to Congress or and the implementing agency shall encourage vate and voluntary organizations for the full 20 percent in excess of the quantities justified to the participation of and give significant weight cost of individuals (including for the personal Congress unless the Committees on Appropria- to contractors and grantees who propose invest- services of such individuals) detailed or assigned tions are notified 15 days in advance of such ing a significant amount of their own resources to, or contracted by, as the case may be, the commitment: Provided further, That this section (including volunteer services and in-kind con- United States Agency for International Develop- shall not apply to any reprogramming for an ac- tributions) in such projects and activities. ment for the purpose of carrying out activities tivity, program, or project for which funds are PROHIBITION ON FUNDING FOR ABORTIONS AND under that heading: Provided, That up to appropriated under title II of this Act of less INVOLUNTARY STERILIZATION $3,500,000 of the funds made available by this Act for assistance under the heading ‘‘Develop- than 10 percent of the amount previously justi- SEC. 518. None of the funds made available to fied to the Congress for obligation for such ac- carry out part I of the Foreign Assistance Act of ment Assistance’’ may be used to reimburse such tivity, program, or project for the current fiscal 1961, as amended, may be used to pay for the agencies, institutions, and organizations for year: Provided further, That the requirements of performance of abortions as a method of family such costs of such individuals carrying out this section or any similar provision of this Act planning or to motivate or coerce any person to other development assistance activities: Pro- or any other Act, including any prior Act re- practice abortions. None of the funds made vided further, That funds appropriated by titles quiring notification in accordance with the reg- available to carry out part I of the Foreign As- II and III of this Act that are made available for ular notification procedures of the Committees sistance Act of 1961, as amended, may be used to bilateral assistance for child survival activities on Appropriations, may be waived if failure to pay for the performance of involuntary steriliza- or disease programs including activities relating do so would pose a substantial risk to human tion as a method of family planning or to coerce to research on, and the prevention, treatment health or welfare: Provided further, That in or provide any financial incentive to any person and control of, HIV/AIDS may be made avail- case of any such waiver, notification to the to undergo sterilizations. None of the funds able notwithstanding any other provision of law Congress, or the appropriate congressional com- made available to carry out part I of the For- except for the provisions under the heading mittees, shall be provided as early as prac- eign Assistance Act of 1961, as amended, may be ‘‘Child Survival and Health Programs Fund’’ ticable, but in no event later than 3 days after used to pay for any biomedical research which and the United States Leadership Against HIV/ taking the action to which such notification re- relates in whole or in part, to methods of, or the AIDS, Tuberculosis, and Malaria Act of 2003 quirement was applicable, in the context of the performance of, abortions or involuntary steri- (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend- circumstances necessitating such waiver: Pro- lization as a means of family planning. None of ed: Provided further, That of the funds appro- vided further, That any notification provided the funds made available to carry out part I of priated under title II of this Act, not less than pursuant to such a waiver shall contain an ex- the Foreign Assistance Act of 1961, as amended, $440,000,000 shall be made available for family planation of the emergency circumstances. may be obligated or expended for any country or planning/reproductive health: Provided further, That the Comptroller General of the United LIMITATION ON AVAILABILITY OF FUNDS FOR organization if the President certifies that the States shall conduct an audit on the use of INTERNATIONAL ORGANIZATIONS AND PROGRAMS use of these funds by any such country or orga- funds appropriated for fiscal years 2004 and SEC. 516. Subject to the regular notification nization would violate any of the above provi- 2005 under the heading ‘‘Child Survival and procedures of the Committees on Appropriations, sions related to abortions and involuntary steri- Health Programs Fund’’, to include specific rec- funds appropriated under this Act or any pre- lizations. ommendations on improving the effectiveness of viously enacted Act making appropriations for EXPORT FINANCING TRANSFER AUTHORITIES such funds. foreign operations, export financing, and re- SEC. 519. Not to exceed 5 percent of any ap- lated programs, which are returned or not made propriation other than for administrative ex- AFGHANISTAN available for organizations and programs be- penses made available for fiscal year 2006, for SEC. 523. Of the funds appropriated by titles cause of the implementation of section 307(a) of programs under title I of this Act may be trans- II and III of this Act, not less than $931,400,000

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.038 H02NOPT1 H9508 CONGRESSIONAL RECORD — HOUSE November 2, 2005 should be made available for humanitarian, re- $11,000,000 shall be made available to support (i) the amount of the local currencies to be construction, and related assistance for Afghan- democracy activities in Burma, along the generated; and istan: Provided, That of the funds made avail- Burma-Thailand border, for activities of Bur- (ii) the terms and conditions under which the able pursuant to this section, not less than mese student groups and other organizations lo- currencies so deposited may be utilized, con- $3,000,000 should be made available for reforest- cated outside Burma, and for the purpose of sistent with this section; and ation activities: Provided further, That funds supporting the provision of humanitarian assist- (C) establish by agreement with that govern- made available pursuant to the previous proviso ance to displaced Burmese along Burma’s bor- ment the responsibilities of the United States should be matched, to the maximum extent pos- ders: Provided, That funds made available Agency for International Development and that sible, with contributions from American and Af- under this heading may be made available not- government to monitor and account for deposits ghan businesses: Provided further, That of the withstanding any other provision of law: Pro- into and disbursements from the separate ac- funds allocated for assistance for Afghanistan vided further, That in addition to assistance for count. from this Act and other Acts making appropria- Burmese refugees provided under the heading (2) USES OF LOCAL CURRENCIES.—As may be tions for foreign operations, export financing, ‘‘Migration and Refugee Assistance’’ in this agreed upon with the foreign government, local and related programs for fiscal year 2006, not Act, not less than $3,000,000 shall be made avail- currencies deposited in a separate account pur- less than $50,000,000 should be made available to able for assistance for community-based organi- suant to subsection (a), or an equivalent support programs that directly address the zations operating in Thailand to provide food, amount of local currencies, shall be used only— needs of Afghan women and girls, of which not medical and other humanitarian assistance to (A) to carry out chapter 1 or 10 of part I or less than $7,500,000 shall be made available for internally displaced persons in eastern Burma: chapter 4 of part II (as the case may be), for grants to support training and equipment to im- Provided further, That funds made available such purposes as— prove the capacity of women-led Afghan non- under this section shall be subject to the regular (i) project and sector assistance activities; or governmental organizations and to support the notification procedures of the Committees on (ii) debt and deficit financing; or activities of such organizations: Provided fur- Appropriations. (B) for the administrative requirements of the ther, That of the funds made available pursuant (c) The President shall include amounts ex- United States Government. to this section, not less than $2,000,000 should be pended by the Global Fund to Fight AIDS, Tu- (3) PROGRAMMING ACCOUNTABILITY.—The made available for the Afghan Independent berculosis and Malaria to the State Peace and United States Agency for International Develop- Human Rights Commission and for other Af- Development Council in Burma, directly or ment shall take all necessary steps to ensure ghan human rights organizations. through groups and organizations affiliated that the equivalent of the local currencies dis- NOTIFICATION ON EXCESS DEFENSE EQUIPMENT with the Global Fund, in making determinations bursed pursuant to subsection (a)(2)(A) from the SEC. 524. Prior to providing excess Department regarding the amount to be withheld by the separate account established pursuant to sub- of Defense articles in accordance with section United States from its contribution to the Global section (a)(1) are used for the purposes agreed 516(a) of the Foreign Assistance Act of 1961, the Fund pursuant to section 202(d)(4)(A)(ii) of upon pursuant to subsection (a)(2). Department of Defense shall notify the Commit- Public Law 108–25. (4) TERMINATION OF ASSISTANCE PROGRAMS.— tees on Appropriations to the same extent and PROHIBITION ON BILATERAL ASSISTANCE TO Upon termination of assistance to a country under the same conditions as are other commit- TERRORIST COUNTRIES under chapter 1 or 10 of part I or chapter 4 of tees pursuant to subsection (f) of that section: SEC. 527. (a) Funds appropriated for bilateral part II (as the case may be), any unencumbered Provided, That before issuing a letter of offer to assistance under any heading of this Act and balances of funds which remain in a separate sell excess defense articles under the Arms Ex- funds appropriated under any such heading in account established pursuant to subsection (a) port Control Act, the Department of Defense a provision of law enacted prior to the enact- shall be disposed of for such purposes as may be shall notify the Committees on Appropriations ment of this Act, shall not be made available to agreed to by the government of that country in accordance with the regular notification pro- any country which the President determines— and the United States Government. cedures of such Committees if such defense arti- (1) grants sanctuary from prosecution to any (5) REPORTING REQUIREMENT.—The Adminis- cles are significant military equipment (as de- individual or group which has committed an act trator of the United States Agency for Inter- fined in section 47(9) of the Arms Export Control of international terrorism; or national Development shall report on an annual Act) or are valued (in terms of original acquisi- (2) otherwise supports international terrorism. basis as part of the justification documents sub- tion cost) at $7,000,000 or more, or if notification (b) The President may waive the application mitted to the Committees on Appropriations on is required elsewhere in this Act for the use of of subsection (a) to a country if the President the use of local currencies for the administrative appropriated funds for specific countries that determines that national security or humani- requirements of the United States Government would receive such excess defense articles: Pro- tarian reasons justify such waiver. The Presi- as authorized in subsection (a)(2)(B), and such vided further, That such Committees shall also dent shall publish each waiver in the Federal report shall include the amount of local cur- be informed of the original acquisition cost of Register and, at least 15 days before the waiver rency (and United States dollar equivalent) used such defense articles. takes effect, shall notify the Committees on Ap- and/or to be used for such purpose in each ap- HIV/AIDS propriations of the waiver (including the jus- plicable country. SEC. 525. (a) Notwithstanding any other provi- tification for the waiver) in accordance with the (b) SEPARATE ACCOUNTS FOR CASH TRANS- sion of this Act, 20 percent of the funds that are regular notification procedures of the Commit- FERS.— appropriated by this Act for a contribution to tees on Appropriations. (1) If assistance is made available to the gov- support the Global Fund to Fight AIDS, Tuber- DEBT-FOR-DEVELOPMENT ernment of a foreign country, under chapter 1 culosis and Malaria (the ‘‘Global Fund’’) shall SEC. 528. In order to enhance the continued or 10 of part I or chapter 4 of part II of the For- be withheld from obligation to the Global Fund participation of nongovernmental organizations eign Assistance Act of 1961, as cash transfer as- until the Secretary of State certifies to the Com- in debt-for-development and debt-for-nature ex- sistance or as nonproject sector assistance, that mittees on Appropriations that the Global changes, a nongovernmental organization country shall be required to maintain such Fund— (1) has established clear progress indicators which is a grantee or contractor of the United funds in a separate account and not commingle upon which to determine the release of incre- States Agency for International Development them with any other funds. mental disbursements; may place in interest bearing accounts local (2) APPLICABILITY OF OTHER PROVISIONS OF (2) is releasing such incremental disburse- currencies which accrue to that organization as LAW.—Such funds may be obligated and ex- ments only if progress is being made based on a result of economic assistance provided under pended notwithstanding provisions of law those indicators; and title II of this Act and, subject to the regular no- which are inconsistent with the nature of this (3) is providing support and oversight to coun- tification procedures of the Committees on Ap- assistance including provisions which are ref- try-level entities, such as country coordinating propriations, any interest earned on such in- erenced in the Joint Explanatory Statement of mechanisms, principal recipients, and local vestment shall be used for the purpose for which the Committee of Conference accompanying Fund agents, to enable them to fulfill their man- the assistance was provided to that organiza- House Joint Resolution 648 (House Report No. dates. tion. 98–1159). (b) The Secretary of State may waive sub- SEPARATE ACCOUNTS (3) NOTIFICATION.—At least 15 days prior to section (a) if the Secretary determines and re- SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL obligating any such cash transfer or nonproject ports to the Committees on Appropriations that CURRENCIES.— sector assistance, the President shall submit a such waiver is important to the national interest (1) If assistance is furnished to the govern- notification through the regular notification of the United States. ment of a foreign country under chapters 1 and procedures of the Committees on Appropriations, BURMA 10 of part I or chapter 4 of part II of the Foreign which shall include a detailed description of SEC. 526. (a) The Secretary of the Treasury Assistance Act of 1961 under agreements which how the funds proposed to be made available shall instruct the United States executive direc- result in the generation of local currencies of will be used, with a discussion of the United tor to each appropriate international financial that country, the Administrator of the United States interests that will be served by the assist- institution in which the United States partici- States Agency for International Development ance (including, as appropriate, a description of pates, to oppose and vote against the extension shall— the economic policy reforms that will be pro- by such institution of any loan or financial or (A) require that local currencies be deposited moted by such assistance). technical assistance or any other utilization of in a separate account established by that gov- (4) EXEMPTION.—Nonproject sector assistance funds of the respective bank to and for Burma. ernment; funds may be exempt from the requirements of (b) Of the funds appropriated under the head- (B) enter into an agreement with that govern- subsection (b)(1) only through the notification ing ‘‘Economic Support Fund’’, not less than ment which sets forth— procedures of the Committees on Appropriations.

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ENTERPRISE FUND RESTRICTIONS the Committees on Appropriations, to combat funds made available pursuant to this authority SEC. 530. (a) Prior to the distribution of any such trafficking, may be made available not- shall be subject to the regular notification pro- assets resulting from any liquidation, dissolu- withstanding any other provision of law. cedures of the Committees on Appropriations. tion, or winding up of an Enterprise Fund, in (b) TROPICAL FORESTRY AND BIODIVERSITY (j) EXTENSION OF AUTHORITY.— whole or in part, the President shall submit to CONSERVATION ACTIVITIES.—Funds appropriated (1) With respect to funds appropriated by this the Committees on Appropriations, in accord- by this Act to carry out the provisions of sec- Act that are available for assistance for Paki- ance with the regular notification procedures of tions 103 through 106, and chapter 4 of part II, stan, the President may waive the prohibition the Committees on Appropriations, a plan for of the Foreign Assistance Act of 1961 may be on assistance contained in section 508 of this the distribution of the assets of the Enterprise used, notwithstanding any other provision of Act subject to the requirements contained in sec- Fund. law, for the purpose of supporting tropical for- tion 1(b) of Public Law 107–57, as amended, for (b) Funds made available by this Act for En- estry and biodiversity conservation activities a determination and certification, and consulta- terprise Funds shall be expended at the min- and energy programs aimed at reducing green- tion, by the President prior to the exercise of imum rate necessary to make timely payment for house gas emissions: Provided, That such assist- such waiver authority. projects and activities. ance shall be subject to sections 116, 502B, and (2) Section 512 of this Act and section 620(q) of the Foreign Assistance Act of 1961 shall not FINANCIAL MARKET ASSISTANCE IN TRANSITION 620A of the Foreign Assistance Act of 1961. apply with respect to assistance for Pakistan COUNTRIES (c) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by this Act to carry out chapter 1 from funds appropriated by this Act. SEC. 531. Of the funds appropriated by this (3) Notwithstanding the date contained in sec- Act under the headings ‘‘Trade and Develop- of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title tion 6 of Public Law 107–57, as amended, the ment Agency’’, ‘‘Development Assistance’’, provisions of sections 2 and 4 of that Act shall ‘‘Transition Initiatives’’, ‘‘Economic Support II of the Agricultural Trade Development and Assistance Act of 1954, may be used by the remain in effect through the current fiscal year. Fund’’, ‘‘International Affairs Technical Assist- (k) MIDDLE EAST FOUNDATION.—Of the funds United States Agency for International Develop- ance’’, ‘‘Assistance for the Independent States appropriated by this Act under the heading ment to employ up to 25 personal services con- of the Former Soviet Union’’, ‘‘Nonproliferation, ‘‘Economic Support Fund’’ that are available Anti-terrorism, Demining and Related Pro- tractors in the United States, notwithstanding for the Middle East Partnership Initiative, up to grams’’, and ‘‘Assistance for Eastern Europe any other provision of law, for the purpose of $35,000,000 may be made available, including as and Baltic States’’, not less than $40,000,000 providing direct, interim support for new or ex- an endowment, notwithstanding any other pro- should be made available for building capital panded overseas programs and activities man- vision of law and following consultations with markets and financial systems in countries in aged by the agency until permanent direct hire the Committees on Appropriations, to establish transition. personnel are hired and trained: Provided, That and operate a Middle East Foundation, or any AUTHORITIES FOR THE PEACE CORPS, INTER-AMER- not more than 10 of such contractors shall be as- other similar entity, whose purpose is to support ICAN FOUNDATION AND AFRICAN DEVELOPMENT signed to any bureau or office: Provided further, democracy, governance, human rights, and the FOUNDATION That such funds appropriated to carry out title rule of law in the Middle East region: Provided, SEC. 532. Unless expressly provided to the con- II of the Agricultural Trade Development and That such funds may be made available to the trary, provisions of this or any other Act, in- Assistance Act of 1954, may be made available Foundation only to the extent that the Founda- cluding provisions contained in prior Acts au- only for personal services contractors assigned tion has commitments from sources other than thorizing or making appropriations for foreign to the Office of Food for Peace. the United States Government to at least match AIVER.—The President may waive the operations, export financing, and related pro- (d)(1) W the funds provided under the authority of this provisions of section 1003 of Public Law 100–204 grams, shall not be construed to prohibit activi- subsection: Provided further, That provisions if the President determines and certifies in writ- ties authorized by or conducted under the Peace contained in section 201 of the Support for East ing to the Speaker of the House of Representa- Corps Act, the Inter-American Foundation Act European Democracy (SEED) Act of 1989 (ex- tives and the President pro tempore of the Sen- or the African Development Foundation Act. cluding the authorizations of appropriations ate that it is important to the national security The agency shall promptly report to the Com- provided in subsection (b) of that section) shall interests of the United States. mittees on Appropriations whenever it is con- be deemed to apply to any such foundation or (2) PERIOD OF APPLICATION OF WAIVER.—Any ducting activities or is proposing to conduct ac- similar entity referred to under this subsection, waiver pursuant to paragraph (1) shall be effec- tivities in a country for which assistance is pro- and to funds made available to such entity, in tive for no more than a period of 6 months at a hibited. order to enable it to provide assistance for pur- time and shall not apply beyond 12 months after IMPACT ON JOBS IN THE UNITED STATES poses of this section: Provided further, That the enactment of this Act. prior to the initial obligation of funds for any SEC. 533. None of the funds appropriated by (e) SMALL BUSINESS.—In entering into mul- this Act may be obligated or expended to pro- such foundation or similar entity pursuant to tiple award indefinite-quantity contracts with the authorities of this subsection, other than for vide— funds appropriated by this Act, the United (1) any financial incentive to a business enter- administrative support, the Secretary of State States Agency for International Development shall take steps to ensure, on an ongoing basis, prise currently located in the United States for may provide an exception to the fair oppor- the purpose of inducing such an enterprise to that any such funds made available pursuant to tunity process for placing task orders under such authorities are not provided to or through relocate outside the United States if such incen- such contracts when the order is placed with tive or inducement is likely to reduce the num- any individual or group that the management of any category of small or small disadvantaged the foundation or similar entity knows or has ber of employees of such business enterprise in business. the United States because United States produc- reason to believe, advocates, plans, sponsors, or (f) VIETNAMESE REFUGEES.—Section 594(a) of otherwise engages in terrorist activities: Pro- tion is being replaced by such enterprise outside the Foreign Operations, Export Financing, and the United States; or vided further, That section 530 of this Act shall Related Programs Appropriations Act, 2005 (en- apply to any such foundation or similar entity (2) assistance for any program, project, or ac- acted as division D of Public Law 108–447; 118 tivity that contributes to the violation of inter- established pursuant to this subsection: Pro- Stat. 3038) is amended by striking ‘‘and 2005’’ vided further, That the authority of the Foun- nationally recognized workers rights, as defined and inserting ‘‘through 2007’’. in section 507(4) of the Trade Act of 1974, of dation, or any similar entity, to provide assist- (g) RECONSTITUTING CIVILIAN POLICE AUTHOR- ance shall cease to be effective on September 30, workers in the recipient country, including any ITY.—In providing assistance with funds appro- designated zone or area in that country: Pro- 2010. priated by this Act under section 660(b)(6) of the (l) EXTENSION OF AUTHORITY.—(1) Section vided, That the application of section 507(4)(D) Foreign Assistance Act of 1961, support for a na- 21(h)(1)(A) of the Arms Export Control Act (22 and (E) of such Act should be commensurate tion emerging from instability may be deemed to U.S.C. 2761(h)(1)(A)) is amended by inserting with the level of development of the recipient mean support for regional, district, municipal, after ‘‘North Atlantic Treaty Organization’’ the country and sector, and shall not preclude as- or other sub-national entity emerging from in- following: ‘‘or the Governments of Australia, sistance for the informal sector in such country, stability, as well as a nation emerging from in- New Zealand, Japan, or Israel’’. micro and small-scale enterprise, and stability. (2) Section 21(h)(2) of the Arms Export Control smallholder agriculture. (h) WORLD FOOD PROGRAM.—Of the funds Act (22 U.S.C. 2761(h)(2) is amended by striking SPECIAL AUTHORITIES managed by the Bureau for Democracy, Con- ‘‘or to any member government that Organiza- SEC. 534. (a) AFGHANISTAN, IRAQ, PAKISTAN, flict, and Humanitarian Assistance of the tion if that Organization or member govern- LEBANON, MONTENEGRO, VICTIMS OF WAR, DIS- United States Agency for International Develop- ment’’ and inserting the following: ‘‘, to any PLACED CHILDREN, AND DISPLACED BURMESE.— ment, from this or any other Act, not less than member of that Organization, or to the Govern- Funds appropriated by this Act that are made $10,000,000 shall be made available as a general ments of Australia, New Zealand, Japan, or available for assistance for Afghanistan may be contribution to the World Food Program, not- Israel if that Organization, member government, made available notwithstanding section 512 of withstanding any other provision of law. or the Governments of Australia, New Zealand, this Act or any similar provision of law and sec- (i) UNIVERSITY PROGRAMS.—Notwithstanding Japan, or Israel’’. tion 660 of the Foreign Assistance Act of 1961, any other provision of law, of the funds appro- (3) Section 541 of the Foreign Assistance Act and funds appropriated in titles I and II of this priated under the heading ‘‘Development Assist- of 1961 (22 U.S.C. 2347) is amended— Act that are made available for Iraq, Lebanon, ance’’ in this Act, up to $5,000,000 shall be made (A) in the first sentence, by striking ‘‘The Montenegro, Pakistan, and for victims of war, available to American educational institutions President’’ and inserting ‘‘(a) The President’’; displaced children, and displaced Burmese, and for programs and activities in the People’s Re- and to assist victims of trafficking in persons and, public of China relating to the environment, de- (B) by adding at the end the following new subject to the regular notification procedures of mocracy, and the rule of law: Provided, That subsection:

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‘‘(b) The President shall seek reimbursement made available pursuant to this subsection may PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN- for military education and training furnished be obligated or expended except as provided MENTS THAT EXPORT LETHAL MILITARY EQUIP- under this chapter from countries using assist- through the regular notification procedures of MENT TO COUNTRIES SUPPORTING INTER- ance under section 23 of the Arms Export Con- the Committees on Appropriations. NATIONAL TERRORISM trol Act (22 U.S.C. 2763, relating to the Foreign (c) EXCEPTION.—This section shall not SEC. 542. (a) None of the funds appropriated Military Financing Program) to purchase such apply— or otherwise made available by this Act may be military education and training at a rate com- (1) with respect to section 620A of the Foreign available to any foreign government which pro- parable to the rate charged to countries receiv- Assistance Act of 1961 or any comparable provi- vides lethal military equipment to a country the ing grant assistance for military education and sion of law prohibiting assistance to countries government of which the Secretary of State has training under this chapter.’’. that support international terrorism; or determined is a terrorist government for pur- (m) EXTENSION OF AUTHORITY.—The Foreign (2) with respect to section 116 of the Foreign poses of section 6(j) of the Export Administra- Operations, Export Financing, and Related Pro- Assistance Act of 1961 or any comparable provi- tion Act of 1979. The prohibition under this sec- grams Appropriations Act, 1990 (Public Law sion of law prohibiting assistance to the govern- tion with respect to a foreign government shall 101–167) is amended— ment of a country that violates internationally terminate 12 months after that government (1) in section 599D (8 U.S.C. 1157 note)— recognized human rights. ceases to provide such military equipment. This (A) in subsection (b)(3), by striking ‘‘and RESERVATIONS OF FUNDS section applies with respect to lethal military 2005’’ and inserting ‘‘2005, and 2006’’; and SEC. 537. (a) Funds appropriated by this Act equipment provided under a contract entered (B) in subsection (e), by striking ‘‘2005’’ each which are earmarked may be reprogrammed for into after October 1, 1997. place it appears and inserting ‘‘2006’’; and other programs within the same account not- (b) Assistance restricted by subsection (a) or (2) in section 599E (8 U.S.C. 1255 note) in sub- withstanding the earmark if compliance with any other similar provision of law, may be fur- section (b)(2), by striking ‘‘2005’’ and inserting the earmark is made impossible by operation of nished if the President determines that fur- ‘‘2006’’. any provision of this or any other Act: Pro- nishing such assistance is important to the na- ARAB LEAGUE BOYCOTT OF ISRAEL vided, That any such reprogramming shall be tional interests of the United States. SEC. 535. It is the sense of the Congress that— subject to the regular notification procedures of (c) Whenever the waiver authority of sub- (1) the Arab League boycott of Israel, and the the Committees on Appropriations: Provided section (b) is exercised, the President shall sub- secondary boycott of American firms that have further, That assistance that is reprogrammed mit to the appropriate congressional committees commercial ties with Israel, is an impediment to pursuant to this subsection shall be made avail- a report with respect to the furnishing of such peace in the region and to United States invest- able under the same terms and conditions as assistance. Any such report shall include a de- ment and trade in the Middle East and North originally provided. tailed explanation of the assistance to be pro- Africa; (b) In addition to the authority contained in vided, including the estimated dollar amount of (2) the Arab League boycott, which was re- subsection (a), the original period of availability such assistance, and an explanation of how the grettably reinstated in 1997, should be imme- of funds appropriated by this Act and adminis- assistance furthers United States national inter- diately and publicly terminated, and the Cen- tered by the United States Agency for Inter- ests. tral Office for the Boycott of Israel immediately national Development that are earmarked for WITHHOLDING OF ASSISTANCE FOR PARKING FINES disbanded; particular programs or activities by this or any AND REAL PROPERTY TAXES OWED BY FOREIGN (3) all Arab League states should normalize other Act shall be extended for an additional COUNTRIES relations with their neighbor Israel; fiscal year if the Administrator of such agency SEC. 543. (a) Subject to subsection (c), of the (4) the President and the Secretary of State determines and reports promptly to the Commit- funds appropriated by this Act that are made should continue to vigorously oppose the Arab tees on Appropriations that the termination of available for assistance for a foreign country, League boycott of Israel and find concrete steps assistance to a country or a significant change an amount equal to 110 percent of the total to demonstrate that opposition by, for example, in circumstances makes it unlikely that such amount of the unpaid fully adjudicated parking taking into consideration the participation of earmarked funds can be obligated during the fines and penalties and unpaid property taxes any recipient country in the boycott when de- original period of availability: Provided, That owed by the central government of such country termining to sell weapons to said country; and such earmarked funds that are continued avail- shall be withheld from obligation for assistance (5) the President should report to Congress able for an additional fiscal year shall be obli- for the central government of such country until annually on specific steps being taken by the gated only for the purpose of such earmark. the Secretary of State submits a certification to United States to encourage Arab League states CEILINGS AND EARMARKS the appropriate congressional committees stat- to normalize their relations with Israel to bring SEC. 538. Ceilings and earmarks contained in ing that such parking fines and penalties and about the termination of the Arab League boy- this Act shall not be applicable to funds or au- unpaid property taxes are fully paid. cott of Israel, including those to encourage al- thorities appropriated or otherwise made avail- (b) Funds withheld from obligation pursuant lies and trading partners of the United States to able by any subsequent Act unless such Act spe- to subsection (a) may be made available for enact laws prohibiting businesses from com- cifically so directs. Earmarks or minimum fund- other programs or activities funded by this Act, plying with the boycott and penalizing busi- ing requirements contained in any other Act after consultation with and subject to the reg- nesses that do comply. shall not be applicable to funds appropriated by ular notification procedures of the appropriate ELIGIBILITY FOR ASSISTANCE this Act. congressional committees, provided that no such SEC. 536. (a) ASSISTANCE THROUGH NON- PROHIBITION ON PUBLICITY OR PROPAGANDA funds shall be made available for assistance for GOVERNMENTAL ORGANIZATIONS.—Restrictions the central government of a foreign country that SEC. 539. No part of any appropriation con- contained in this or any other Act with respect has not paid the total amount of the fully adju- tained in this Act shall be used for publicity or to assistance for a country shall not be con- dicated parking fines and penalties and unpaid propaganda purposes within the United States strued to restrict assistance in support of pro- property taxes owed by such country. not authorized before the date of the enactment grams of nongovernmental organizations from (c) Subsection (a) shall not include amounts of this Act by the Congress: Provided, That not funds appropriated by this Act to carry out the that have been withheld under any other provi- to exceed $25,000 may be made available to carry provisions of chapters 1, 10, 11, and 12 of part I sion of law. out the provisions of section 316 of Public Law and chapter 4 of part II of the Foreign Assist- (d)(1) The Secretary of State may waive the 96–533. ance Act of 1961, and from funds appropriated requirements set forth in subsection (a) with re- under the heading ‘‘Assistance for Eastern Eu- PROHIBITION OF PAYMENTS TO UNITED NATIONS spect to parking fines and penalties no sooner rope and the Baltic States’’: Provided, That be- MEMBERS than 60 days from the date of enactment of this fore using the authority of this subsection to SEC. 540. None of the funds appropriated or Act, or at any time with respect to a particular furnish assistance in support of programs of made available pursuant to this Act for carrying country, if the Secretary determines that it is in nongovernmental organizations, the President out the Foreign Assistance Act of 1961, may be the national interests of the United States to do shall notify the Committees on Appropriations used to pay in whole or in part any assessments, so. under the regular notification procedures of arrearages, or dues of any member of the United (2) The Secretary of State may waive the re- those committees, including a description of the Nations or, from funds appropriated by this Act quirements set forth in subsection (a) with re- program to be assisted, the assistance to be pro- to carry out chapter 1 of part I of the Foreign spect to the unpaid property taxes if the Sec- vided, and the reasons for furnishing such as- Assistance Act of 1961, the costs for participa- retary of State determines that it is in the na- sistance: Provided further, That nothing in this tion of another country’s delegation at inter- tional interests of the United States to do so. subsection shall be construed to alter any exist- national conferences held under the auspices of (e) Not later than 6 months after the initial ing statutory prohibitions against abortion or multilateral or international organizations. exercise of the waiver authority in subsection involuntary sterilizations contained in this or NONGOVERNMENTAL ORGANIZATIONS— (d), the Secretary of State, after consultations any other Act. DOCUMENTATION with the City of New York, shall submit a report (b) PUBLIC LAW 480.—During fiscal year 2006, SEC. 541. None of the funds appropriated or to the Committees on Appropriations describing restrictions contained in this or any other Act made available pursuant to this Act shall be a strategy, including a timetable and steps cur- with respect to assistance for a country shall available to a nongovernmental organization rently being taken, to collect the parking fines not be construed to restrict assistance under the which fails to provide upon timely request any and penalties and unpaid property taxes and Agricultural Trade Development and Assistance document, file, or record necessary to the audit- interest owed by nations receiving foreign assist- Act of 1954: Provided, That none of the funds ing requirements of the United States Agency ance under this Act. appropriated to carry out title I of such Act and for International Development. (f) In this section:

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.045 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9511

(1) The term ‘‘appropriate congressional com- RESTRICTIONS CONCERNING THE PALESTINIAN LIMITATION ON ASSISTANCE TO THE PALESTINIAN mittees’’ means the Committee on Appropria- AUTHORITY AUTHORITY tions of the Senate and the Committee on Ap- SEC. 547. None of the funds appropriated by SEC. 550. (a) PROHIBITION OF FUNDS.—None of propriations of the House of Representatives. this Act may be obligated or expended to create the funds appropriated by this Act to carry out (2) The term ‘‘fully adjudicated’’ includes cir- in any part of Jerusalem a new office of any de- the provisions of chapter 4 of part II of the For- cumstances in which the person to whom the ve- partment or agency of the United States Govern- eign Assistance Act of 1961 may be obligated or hicle is registered— ment for the purpose of conducting official expended with respect to providing funds to the (A)(i) has not responded to the parking viola- United States Government business with the Palestinian Authority. tion summons; or Palestinian Authority over Gaza and Jericho or (b) WAIVER.—The prohibition included in sub- (ii) has not followed the appropriate adjudica- any successor Palestinian governing entity pro- section (a) shall not apply if the President cer- tion procedure to challenge the summons; and vided for in the Israel–PLO Declaration of Prin- tifies in writing to the Speaker of the House of (B) the period of time for payment of or chal- ciples: Provided, That this restriction shall not Representatives and the President pro tempore lenge to the summons has lapsed. apply to the acquisition of additional space for of the Senate that waiving such prohibition is important to the national security interests of (3) The term ‘‘parking fines and penalties’’ the existing Consulate General in Jerusalem: the United States. means parking fines and penalties— Provided further, That meetings between offi- (c) PERIOD OF APPLICATION OF WAIVER.—Any (A) owed to— cers and employees of the United States and officials of the Palestinian Authority, or any suc- waiver pursuant to subsection (b) shall be effec- (i) the District of Columbia; or cessor Palestinian governing entity provided for tive for no more than a period of 6 months at a (ii) New York, New York; and in the Israel-PLO Declaration of Principles, for time and shall not apply beyond 12 months after (B) incurred during the period April 1, 1997, the purpose of conducting official United States the enactment of this Act. through September 30, 2005. Government business with such authority (d) REPORT.—Whenever the waiver authority (4) The term ‘‘unpaid property taxes’’ means should continue to take place in locations other pursuant to subsection (b) is exercised, the the amount of unpaid taxes and interest deter- than Jerusalem. As has been true in the past, of- President shall submit a report to the Commit- mined to be owed by a foreign country on real ficers and employees of the United States Gov- tees on Appropriations detailing the steps the property in the District of Columbia or New ernment may continue to meet in Jerusalem on Palestinian Authority has taken to arrest ter- York, New York in a court order or judgment other subjects with Palestinians (including rorists, confiscate weapons and dismantle the entered against such country by a court of the those who now occupy positions in the Pales- terrorist infrastructure. The report shall also in- United States or any State or subdivision there- tinian Authority), have social contacts, and clude a description of how funds will be spent of. have incidental discussions. and the accounting procedures in place to ensure that they are properly disbursed. LIMITATION ON ASSISTANCE FOR THE PLO FOR THE PROHIBITION OF PAYMENT OF CERTAIN EXPENSES LIMITATION ON ASSISTANCE TO SECURITY FORCES WEST BANK AND GAZA SEC. 548. None of the funds appropriated or SEC. 551. None of the funds made available by SEC. 544. None of the funds appropriated by otherwise made available by this Act under the this Act may be provided to any unit of the se- this Act may be obligated for assistance for the heading ‘‘International Military Education and curity forces of a foreign country if the Sec- Palestine Liberation Organization for the West Training’’ or ‘‘Foreign Military Financing Pro- retary of State has credible evidence that such Bank and Gaza unless the President has exer- gram’’ for Informational Program activities or unit has committed gross violations of human cised the authority under section 604(a) of the under the headings ‘‘Child Survival and Health rights, unless the Secretary determines and re- Middle East Peace Facilitation Act of 1995 (title Programs Fund’’, ‘‘Development Assistance’’, ports to the Committees on Appropriations that VI of Public Law 104–107) or any other legisla- and ‘‘Economic Support Fund’’ may be obli- the government of such country is taking effec- tion to suspend or make inapplicable section 307 gated or expended to pay for— tive measures to bring the responsible members of the Foreign Assistance Act of 1961 and that (1) alcoholic beverages; or of the security forces unit to justice: Provided, suspension is still in effect: Provided, That if (2) entertainment expenses for activities that That nothing in this section shall be construed the President fails to make the certification are substantially of a recreational character, in- to withhold funds made available by this Act under section 604(b)(2) of the Middle East Peace cluding but not limited to entrance fees at sport- from any unit of the security forces of a foreign Facilitation Act of 1995 or to suspend the prohi- ing events, theatrical and musical productions, country not credibly alleged to be involved in bition under other legislation, funds appro- and amusement parks. gross violations of human rights: Provided fur- priated by this Act may not be obligated for as- HAITI ther, That in the event that funds are withheld sistance for the Palestine Liberation Organiza- SEC. 549. (a) Of the funds appropriated by this from any unit pursuant to this section, the Sec- tion for the West Bank and Gaza. Act, the following amounts shall be made avail- retary of State shall promptly inform the foreign WAR CRIMES TRIBUNALS DRAWDOWN able for assistance for Haiti— government of the basis for such action and SEC. 545. If the President determines that (1) $20,000,000 from ‘‘Child Survival and shall, to the maximum extent practicable, assist doing so will contribute to a just resolution of Health Programs Fund’’; the foreign government in taking effective meas- charges regarding genocide or other violations (2) $30,000,000 from ‘‘Development Assist- ures to bring the responsible members of the se- of international humanitarian law, the Presi- ance’’; curity forces to justice. dent may direct a drawdown pursuant to sec- (3) $50,000,000 from ‘‘Economic Support FOREIGN MILITARY TRAINING REPORT tion 552(c) of the Foreign Assistance Act of 1961 Fund’’; SEC. 552. The annual foreign military training of up to $30,000,000 of commodities and services (4) $15,000,000 from ‘‘International Narcotics report required by section 656 of the Foreign As- for the United Nations War Crimes Tribunal es- Control and Law Enforcement’’; sistance Act of 1961 shall be submitted by the tablished with regard to the former Yugoslavia (5) $1,000,000 from ‘‘Foreign Military Financ- Secretary of Defense and the Secretary of State by the United Nations Security Council or such ing Program’’; and to the Committees on Appropriations of the other tribunals or commissions as the Council (6) $215,000 from ‘‘International Military Edu- House of Representatives and the Senate by the may establish or authorize to deal with such cation and Training’’. date specified in that section. violations, without regard to the ceiling limita- (b) The Government of Haiti shall be eligible AUTHORIZATION REQUIREMENT tion contained in paragraph (2) thereof: Pro- to purchase defense articles and services under SEC. 553. Funds appropriated by this Act, ex- vided, That the determination required under the Arms Export Control Act (22 U.S.C. 2751 et cept funds appropriated under the headings this section shall be in lieu of any determina- seq.), for the Coast Guard. ‘‘Trade and Development Agency’’, ‘‘Overseas tions otherwise required under section 552(c): (c) None of the funds made available in this Private Investment Corporation’’, and ‘‘Global Provided further, That the drawdown made Act under the heading ‘‘International Narcotics HIV/AIDS Initiative’’, may be obligated and ex- under this section for any tribunal shall not be Control and Law Enforcement’’ may be used to pended notwithstanding section 10 of Public construed as an endorsement or precedent for transfer excess weapons, ammunition or other Law 91–672 and section 15 of the State Depart- the establishment of any standing or permanent lethal property of an agency of the United ment Basic Authorities Act of 1956. international criminal tribunal or court: Pro- States Government to the Government of Haiti CAMBODIA vided further, That funds made available for tri- for use by the Haitian National Police until the SEC. 554. (a)(1) None of the funds appro- bunals other than Yugoslavia, Rwanda, or the Secretary of State certifies to the Committees on priated by this Act may be made available for Special Court for Sierra Leone shall be made Appropriations that: (1) the United Nations assistance for the Central Government of Cam- available subject to the regular notification pro- Mission in Haiti (MINUSTAH) has carried out bodia. cedures of the Committees on Appropriations. the vetting of the senior levels of the Haitian (2) Paragraph (1) shall not apply to assistance LANDMINES National Police and has ensured that those for basic education, reproductive and maternal SEC. 546. Notwithstanding any other provision credibly alleged to have committed serious and child health, cultural and historic preserva- of law, demining equipment available to the crimes, including drug trafficking and human tion, programs for the prevention, treatment, United States Agency for International Develop- rights violations, have been suspended; and (2) and control of, and research on, HIV/AIDS, tu- ment and the Department of State and used in the Transitional Haitian National Government berculosis, malaria, polio and other infectious support of the clearance of landmines and is cooperating in a reform and restructuring diseases, development and implementation of unexploded ordnance for humanitarian pur- plan for the Haitian National Police and the re- legislation and implementation of procedures on poses may be disposed of on a grant basis in for- form of the judicial system as called for in inter-country adoptions consistent with inter- eign countries, subject to such terms and condi- United Nations Security Council Resolution 1608 national standards, rule of law programs, coun- tions as the President may prescribe. adopted on June 22, 2005. ternarcotics programs, programs to combat

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.047 H02NOPT1 H9512 CONGRESSIONAL RECORD — HOUSE November 2, 2005 human trafficking that are provided through (2) Up to 12.5 percent of such funds may be shall not issue a visa to any alien who the Sec- nongovernmental organizations, anti-corruption obligated only after the Secretary of State cer- retary determines, based on credible evidence— programs, and for the Ministry of Women and tifies and reports to the appropriate congres- (1) has willfully provided any support to the Veterans Affairs to combat human trafficking. sional committees that: Revolutionary Armed Forces of Colombia (b) Notwithstanding any provision of this or (A) The Commander General of the Colombian (FARC), the National Liberation Army (ELN), any other Act, of the funds appropriated by this Armed Forces is suspending from the Armed or the United Self-Defense Forces of Colombia Act under the heading ‘‘Economic Support Forces those members, of whatever rank who, (AUC), including taking actions or failing to Fund’’, $15,000,000 shall be made available for according to the Minister of Defense or the take actions which allow, facilitate, or other- activities to support democracy, the rule of law, Procuraduria General de la Nacion, have been wise foster the activities of such groups; or and human rights, including assistance for credibly alleged to have committed gross viola- (2) has committed, ordered, incited, assisted, democratic political parties in Cambodia. tions of human rights, including extra-judicial or otherwise participated in the commission of (c) Funds appropriated by this Act to carry killings, or to have aided or abetted para- gross violations of human rights, including out provisions of section 541 of the Foreign As- military organizations. extra-judicial killings, in Colombia. sistance Act of 1961 may be made available not- (B) The Colombian Government is vigorously (b) WAIVER.—Subsection (a) shall not apply if withstanding subsection (a). investigating and prosecuting those members of the Secretary of State determines and certifies to PALESTINIAN STATEHOOD the Colombian Armed Forces, of whatever rank, the appropriate congressional committees, on a SEC. 555. (a) LIMITATION ON ASSISTANCE.— who have been credibly alleged to have com- case-by-case basis, that the issuance of a visa to None of the funds appropriated by this Act may mitted gross violations of human rights, includ- the alien is necessary to support the peace proc- be provided to support a Palestinian state unless ing extra-judicial killings, or to have aided or ess in Colombia or for urgent humanitarian rea- the Secretary of State determines and certifies to abetted paramilitary organizations, and is sons. the appropriate congressional committees that— promptly punishing those members of the Colom- PROHIBITION ON ASSISTANCE TO THE PALESTINIAN (1) a new leadership of a Palestinian gov- bian Armed Forces found to have committed BROADCASTING CORPORATION erning entity has been democratically elected such violations of human rights or to have aided SEC. 558. None of the funds appropriated or through credible and competitive elections; or abetted paramilitary organizations. otherwise made available by this Act may be (2) the elected governing entity of a new Pal- (C) The Colombian Armed Forces have made used to provide equipment, technical support, estinian state— substantial progress in cooperating with civilian consulting services, or any other form of assist- (A) has demonstrated a firm commitment to prosecutors and judicial authorities in such ance to the Palestinian Broadcasting Corpora- peaceful co-existence with the State of Israel; cases (including providing requested information. (B) is taking appropriate measures to counter tion, such as the identity of persons suspended WEST BANK AND GAZA PROGRAM terrorism and terrorist financing in the West from the Armed Forces and the nature and SEC. 559. (a) OVERSIGHT.—For fiscal year 2006, Bank and Gaza, including the dismantling of cause of the suspension, and access to wit- terrorist infrastructures; 30 days prior to the initial obligation of funds nesses, relevant military documents, and other for the bilateral West Bank and Gaza Program, (C) is establishing a new Palestinian security requested information). entity that is cooperative with appropriate the Secretary of State shall certify to the appro- (D) The Colombian Armed Forces have made priate committees of Congress that procedures Israeli and other appropriate security organiza- substantial progress in severing links (including tions; and have been established to assure the Comptroller denying access to military intelligence, vehicles, General of the United States will have access to (3) the Palestinian Authority (or the gov- and other equipment or supplies, and ceasing erning body of a new Palestinian state) is work- appropriate United States financial information other forms of active or tacit cooperation) at the in order to review the uses of United States as- ing with other countries in the region to vigor- command, battalion, and brigade levels, with ously pursue efforts to establish a just, lasting, sistance for the Program funded under the paramilitary organizations, especially in regions heading ‘‘Economic Support Fund’’ for the West and comprehensive peace in the Middle East where these organizations have a significant that will enable Israel and an independent Pal- Bank and Gaza. presence. (b) VETTING.—Prior to the obligation of funds estinian state to exist within the context of full (E) The Colombian Government is dismantling and normal relationships, which should in- appropriated by this Act under the heading paramilitary leadership and financial networks ‘‘Economic Support Fund’’ for assistance for the clude— by arresting commanders and financial backers, (A) termination of all claims or states of bel- West Bank and Gaza, the Secretary of State especially in regions where these networks have ligerency; shall take all appropriate steps to ensure that a significant presence. (B) respect for and acknowledgement of the such assistance is not provided to or through (F) The Colombian Government is taking ef- sovereignty, territorial integrity, and political any individual, private or government entity, or fective steps to ensure that the Colombian independence of every state in the area through educational institution that the Secretary Armed Forces are not violating the land and measures including the establishment of demili- knows or has reason to believe advocates, plans, property rights of Colombia’s indigenous com- tarized zones; sponsors, engages in, or has engaged in, ter- (C) their right to live in peace within secure munities. rorist activity. The Secretary of State shall, as and recognized boundaries free from threats or (3) The balance of such funds may be obli- appropriate, establish procedures specifying the acts of force; gated after July 31, 2006, if the Secretary of steps to be taken in carrying out this subsection (D) freedom of navigation through inter- State certifies and reports to the appropriate and shall terminate assistance to any indi- national waterways in the area; and congressional committees, after such date, that vidual, entity, or educational institution which (E) a framework for achieving a just settle- the Colombian Armed Forces are continuing to he has determined to be involved in or advo- ment of the refugee problem. meet the conditions contained in paragraph (2) cating terrorist activity. (b) SENSE OF CONGRESS.—It is the sense of and are conducting vigorous operations to re- (c) PROHIBITION.—None of the funds appro- Congress that the newly-elected governing enti- store government authority and respect for priated by this Act for assistance under the ty should enact a constitution assuring the rule human rights in areas under the effective con- West Bank and Gaza program may be made of law, an independent judiciary, and respect trol of paramilitary and guerrilla organizations. available for the purpose of recognizing or oth- for human rights for its citizens, and should (b) CONGRESSIONAL NOTIFICATION.—Funds erwise honoring individuals who commit, or enact other laws and regulations assuring made available by this Act for the Colombian have committed, acts of terrorism. transparent and accountable governance. Armed Forces shall be subject to the regular no- (d) AUDITS.— (c) WAIVER.—The President may waive sub- tification procedures of the Committees on Ap- (1) The Administrator of the United States section (a) if he determines that it is vital to the propriations. Agency for International Development shall en- national security interests of the United States (c) CONSULTATIVE PROCESS.—Not later than 60 sure that Federal or non-Federal audits of all to do so. days after the date of enactment of this Act, contractors and grantees, and significant sub- (d) EXEMPTION.—The restriction in subsection and every 90 days thereafter until September 30, contractors and subgrantees, under the West (a) shall not apply to assistance intended to 2007, the Secretary of State shall consult with Bank and Gaza Program, are conducted at least help reform the Palestinian Authority and af- internationally recognized human rights organi- on an annual basis to ensure, among other filiated institutions, or a newly-elected gov- zations regarding progress in meeting the condi- things, compliance with this section. erning entity, in order to help meet the require- tions contained in subsection (a). (2) Of the funds appropriated by this Act ments of subsection (a), consistent with the pro- (d) DEFINITIONS.—In this section: under the heading ‘‘Economic Support Fund’’ visions of section 550 of this Act (‘‘Limitation on (1) AIDED OR ABETTED.—The term ‘‘aided or that are made available for assistance for the Assistance to the Palestinian Authority’’). abetted’’ means to provide any support to para- West Bank and Gaza, up to $1,000,000 may be COLOMBIA military groups, including taking actions which used by the Office of the Inspector General of SEC. 556. (a) DETERMINATION AND CERTIFI- allow, facilitate, or otherwise foster the activi- the United States Agency for International De- CATION REQUIRED.—Funds appropriated by this ties of such groups. velopment for audits, inspections, and other ac- Act that are available for assistance for the Co- (2) PARAMILITARY GROUPS.—The term ‘‘para- tivities in furtherance of the requirements of lombian Armed Forces, may be made available military groups’’ means illegal self-defense this subsection. Such funds are in addition to as follows: groups and illegal security cooperatives. funds otherwise available for such purposes. (1) Up to 75 percent of such funds may be obli- ILLEGAL ARMED GROUPS (e) Subsequent to the certification specified in gated prior to a determination and certification SEC. 557. (a) DENIAL OF VISAS TO SUPPORTERS subsection (a), the Comptroller General of the by the Secretary of State pursuant to paragraph OF COLOMBIAN ILLEGAL ARMED GROUPS.—Sub- United States shall conduct an audit and an in- (2). ject to subsection (b), the Secretary of State vestigation of the treatment, handling, and uses

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.050 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9513 of all funds for the bilateral West Bank and nesses, the provision of documents, and the sur- (1) cooperating with the International Crimi- Gaza Program in fiscal year 2006 under the render and transfer of indictees or assistance in nal Tribunal for the former Yugoslavia includ- heading ‘‘Economic Support Fund’’. The audit their apprehension; and ing access for investigators, the provision of shall address— (2) are acting consistently with the Dayton documents, and the surrender and transfer of (1) the extent to which such Program complies Accords. indictees or assistance in their apprehension, in- with the requirements of subsections (b) and (c), (c) Not less than 10 days before any vote in an cluding Ratko Mladic and Radovan Karadzic, and international financial institution regarding the unless the Secretary of State determines and re- (2) an examination of all programs, projects, extension of any new project involving financial ports to the Committees on Appropriations that and activities carried out under such Program, or technical assistance or grants to any country these individuals are no longer residing in Ser- including both obligations and expenditures. or entity described in subsection (a), the Sec- bia; (f) Not later than 180 days after enactment of retary of the Treasury, in consultation with the (2) taking steps that are consistent with the this Act, the Secretary of State shall submit a Secretary of State, shall provide to the Commit- Dayton Accords to end Serbian financial, polit- report to the Committees on Appropriations up- tees on Appropriations a written justification ical, security and other support which has dating the report contained in section 2106 of for the proposed assistance, including an expla- served to maintain separate Republika Srpska chapter 2 of title II of Public Law 109–13. nation of the United States position regarding institutions; and CONTRIBUTIONS TO UNITED NATIONS POPULATION any such vote, as well as a description of the lo- (3) taking steps to implement policies which FUND cation of the proposed assistance by munici- reflect a respect for minority rights and the rule SEC. 560. (a) LIMITATIONS ON AMOUNT OF CON- pality, its purpose, and its intended bene- of law. TRIBUTION.—Of the amounts made available ficiaries. (d) This section shall not apply to Monte- under ‘‘International Organizations and Pro- (d) In carrying out this section, the Secretary negro, Kosovo, humanitarian assistance or as- grams’’ and ‘‘Child Survival and Health Pro- of State, the Administrator of the United States sistance to promote democracy. grams Fund’’ for fiscal year 2006, $34,000,000 Agency for International Development, and the COMMUNITY-BASED POLICE ASSISTANCE Secretary of the Treasury shall consult with shall be made available for the United Nations SEC. 564. (a) AUTHORITY.—Funds made avail- Population Fund (hereafter in this section re- representatives of human rights organizations able by this Act to carry out the provisions of ferred to as the ‘‘UNFPA’’): Provided, That of and all government agencies with relevant in- chapter 1 of part I and chapter 4 of part II of this amount, not less than $22,500,000 shall be formation to help prevent indicted war criminals the Foreign Assistance Act of 1961, may be used, derived from funds appropriated under the from benefiting from any financial or technical notwithstanding section 660 of that Act, to en- heading ‘‘International Organizations and Pro- assistance or grants provided to any country or hance the effectiveness and accountability of ci- grams’’. entity described in subsection (a). vilian police authority through training and (e) The Secretary of State may waive the ap- (b) AVAILABILITY OF FUNDS.—Funds appro- technical assistance in human rights, the rule of plication of subsection (a) with respect to priated under the heading ‘‘International Orga- law, strategic planning, and through assistance projects within a country, entity, or munici- nizations and Programs’’ in this Act that are to foster civilian police roles that support demo- pality upon a written determination to the Com- available for UNFPA, that are not made avail- cratic governance including assistance for pro- mittees on Appropriations that such assistance able for UNFPA because of the operation of any grams to prevent conflict, respond to disasters, directly supports the implementation of the provision of law, shall be transferred to ‘‘Child address gender-based violence, and foster im- Dayton Accords. Survival and Health Programs Fund’’ and shall proved police relations with the communities (f) DEFINITIONS.—As used in this section: be made available for family planning, mater- (1) COUNTRY.—The term ‘‘country’’ means they serve. nal, and reproductive health activities, subject Bosnia and Herzegovina, Croatia and Serbia. (b) NOTIFICATION.—Assistance provided under to the regular notification procedures of the (2) ENTITY.—The term ‘‘entity’’ refers to the subsection (a) shall be subject to prior consulta- Committees on Appropriations. Federation of Bosnia and Herzegovina, Kosovo, tion with, and the regular notification proce- (c) PROHIBITION ON USE OF FUNDS IN CHINA.— Montenegro and the Republika Srpska. dures of, the Committees on Appropriations. None of the funds made available under ‘‘Inter- (3) MUNICIPALITY.—The term ‘‘municipality’’ SPECIAL DEBT RELIEF FOR THE POOREST national Organizations and Programs’’ may be means a city, town or other subdivision within SEC. 565. (a) AUTHORITY TO REDUCE DEBT.— made available for the UNFPA for a country a country or entity as defined herein. The President may reduce amounts owed to the program in the People’s Republic of China. (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac- United States (or any agency of the United (d) CONDITIONS ON AVAILABILITY OF FUNDS.— cords’’ means the General Framework Agree- States) by an eligible country as a result of— Amounts made available under ‘‘International ment for Peace in Bosnia and Herzegovina, to- (1) guarantees issued under sections 221 and Organizations and Programs’’ for fiscal year gether with annexes relating thereto, done at 222 of the Foreign Assistance Act of 1961; 2006 for the UNFPA may not be made available Dayton, November 10 through 16, 1995. (2) credits extended or guarantees issued to UNFPA unless— USER FEES under the Arms Export Control Act; or (1) the UNFPA maintains amounts made SEC. 562. The Secretary of the Treasury shall (3) any obligation or portion of such obliga- available to the UNFPA under this section in an instruct the United States Executive Director at tion, to pay for purchases of United States agri- account separate from other accounts of the each international financial institution (as de- cultural commodities guaranteed by the Com- UNFPA; fined in section 1701(c)(2) of the International modity Credit Corporation under export credit (2) the UNFPA does not commingle amounts Financial Institutions Act) and the Inter- guarantee programs authorized pursuant to sec- made available to the UNFPA under this section national Monetary Fund to oppose any loan, tion 5(f) of the Commodity Credit Corporation with other sums; and grant, strategy or policy of these institutions Charter Act of June 29, 1948, as amended, sec- (3) the UNFPA does not fund abortions. that would require user fees or service charges tion 4(b) of the Food for Peace Act of 1966, as WAR CRIMINALS on poor people for primary education or primary amended (Public Law 89–808), or section 202 of SEC. 561. (a)(1) None of the funds appro- healthcare, including prevention and treatment the Agricultural Trade Act of 1978, as amended priated or otherwise made available pursuant to efforts for HIV/AIDS, malaria, tuberculosis, and (Public Law 95–501). this Act may be made available for assistance, infant, child, and maternal well-being, in con- (b) LIMITATIONS.— and the Secretary of the Treasury shall instruct nection with the institutions’ financing pro- (1) The authority provided by subsection (a) the United States executive directors to the grams. may be exercised only to implement multilateral international financial institutions to vote FUNDING FOR SERBIA official debt relief and referendum agreements, against any new project involving the extension SEC. 563. (a) Funds appropriated by this Act commonly referred to as ‘‘Paris Club Agreed by such institutions of any financial or tech- may be made available for assistance for the Minutes’’. nical assistance, to any country, entity, or mu- central Government of Serbia after May 31, 2006, (2) The authority provided by subsection (a) nicipality whose competent authorities have if the President has made the determination and may be exercised only in such amounts or to failed, as determined by the Secretary of State, certification contained in subsection (c). such extent as is provided in advance by appro- to take necessary and significant steps to imple- (b) After May 31, 2006, the Secretary of the priations Acts. ment its international legal obligations to appre- Treasury should instruct the United States exec- (3) The authority provided by subsection (a) hend and transfer to the International Criminal utive directors to the international financial in- may be exercised only with respect to countries Tribunal for the former Yugoslavia (the ‘‘Tri- stitutions to support loans and assistance to the with heavy debt burdens that are eligible to bor- bunal’’) all persons in their territory who have Government of Serbia and Montenegro subject row from the International Development Asso- been indicted by the Tribunal and to otherwise to the conditions in subsection (c): Provided, ciation, but not from the International Bank for cooperate with the Tribunal. That section 576 of the Foreign Operations, Ex- Reconstruction and Development, commonly re- (2) The provisions of this subsection shall not port Financing, and Related Programs Appro- ferred to as ‘‘IDA-only’’ countries. apply to humanitarian assistance or assistance priations Act, 1997, as amended, shall not apply (c) CONDITIONS.—The authority provided by for democratization. to the provision of loans and assistance to the subsection (a) may be exercised only with re- (b) The provisions of subsection (a) shall Government of Serbia and Montenegro through spect to a country whose government— apply unless the Secretary of State determines international financial institutions. (1) does not have an excessive level of military and reports to the appropriate congressional (c) The determination and certification re- expenditures; committees that the competent authorities of ferred to in subsection (a) is a determination by (2) has not repeatedly provided support for such country, entity, or municipality are— the President and a certification to the Commit- acts of international terrorism; (1) cooperating with the Tribunal, including tees on Appropriations that the Government of (3) is not failing to cooperate on international access for investigators to archives and wit- Serbia and Montenegro is— narcotics control matters;

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.052 H02NOPT1 H9514 CONGRESSIONAL RECORD — HOUSE November 2, 2005 (4) (including its military or other security engaging in debt-for-equity swaps, debt-for-de- ‘‘Government of Sudan’’, ‘‘areas outside of con- forces) does not engage in a consistent pattern velopment swaps, or debt-for-nature swaps. trol of the Government of Sudan’’, and ‘‘area in of gross violations of internationally recognized (d) DEBTOR CONSULTATIONS.—Before the sale Sudan outside of control of the Government of human rights; and to any eligible purchaser, or any reduction or Sudan’’ shall have the same meaning and appli- (5) is not ineligible for assistance because of cancellation pursuant to this section, of any cation as was the case immediately prior to June the application of section 527 of the Foreign Re- loan made to an eligible country, the President 5, 2004, and, Southern Kordofan/Nuba Moun- lations Authorization Act, Fiscal Years 1994 and should consult with the country concerning the tains State, Blue Nile State and Abyei shall be 1995. amount of loans to be sold, reduced, or canceled deemed ‘‘areas outside of control of the Govern- (d) AVAILABILITY OF FUNDS.—The authority and their uses for debt-for-equity swaps, debt- ment of Sudan’’. provided by subsection (a) may be used only for-development swaps, or debt-for-nature TRADE CAPACITY BUILDING with regard to the funds appropriated by this swaps. SEC. 570. Of the funds appropriated by this Act under the heading ‘‘Debt Restructuring’’. (e) AVAILABILITY OF FUNDS.—The authority Act, under the headings ‘‘Trade and Develop- (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A provided by subsection (a) may be used only ment Agency’’, ‘‘Development Assistance’’, reduction of debt pursuant to subsection (a) with regard to funds appropriated by this Act ‘‘Transition Initiatives’’, ‘‘Economic Support shall not be considered assistance for the pur- under the heading ‘‘Debt Restructuring’’. Fund’’, ‘‘International Affairs Technical Assist- poses of any provision of law limiting assistance BASIC EDUCATION ance’’, and ‘‘International Organizations and to a country. The authority provided by sub- SEC. 567. Of the funds appropriated by title II Programs’’, not less than $522,000,000 should be section (a) may be exercised notwithstanding of this Act, not less than $465,000,000 shall be made available for trade capacity building as- section 620(r) of the Foreign Assistance Act of made available for basic education, of which not sistance: Provided, That $20,000,000 of the funds 1961 or section 321 of the International Develop- less than $250,000 shall be provided to the Comp- appropriated in this Act under the heading ment and Food Assistance Act of 1975. troller General of the United States to prepare ‘‘Economic Support Fund’’ shall be made avail- AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR an analysis of United States funded inter- able for labor and environmental capacity build- SALES national basic education programs, which ing activities relating to the free trade agree- SEC. 566. (a) LOANS ELIGIBLE FOR SALE, RE- should be submitted to the Committees on Ap- ment with the countries of Central America and DUCTION, OR CANCELLATION.— propriations by May 1, 2006. the Dominican Republic. RECONCILIATION PROGRAMS (1) AUTHORITY TO SELL, REDUCE, OR CANCEL EXCESS DEFENSE ARTICLES FOR CENTRAL AND CERTAIN LOANS.—Notwithstanding any other SEC. 568. Of the funds appropriated under the SOUTH EUROPEAN COUNTRIES AND CERTAIN provision of law, the President may, in accord- heading ‘‘Economic Support Fund’’, not less OTHER COUNTRIES than $15,000,000 should be made available to ance with this section, sell to any eligible pur- SEC. 571. Notwithstanding section 516(e) of the support reconciliation programs and activities chaser any concessional loan or portion thereof Foreign Assistance Act of 1961 (22 U.S.C. which bring together individuals of different made before January 1, 1995, pursuant to the 2321j(e)), during fiscal year 2006, funds avail- ethnic, religious, and political backgrounds from Foreign Assistance Act of 1961, to the govern- able to the Department of Defense may be ex- areas of civil conflict and war. ment of any eligible country as defined in sec- pended for crating, packing, handling, and tion 702(6) of that Act or on receipt of payment SUDAN transportation of excess defense articles trans- from an eligible purchaser, reduce or cancel SEC. 569. (a) AVAILABILITY OF FUNDS.—Of the ferred under the authority of section 516 of such such loan or portion thereof, only for the pur- funds appropriated under the heading ‘‘Devel- Act to Albania, Afghanistan, Bulgaria, Croatia, pose of facilitating— opment Assistance’’ up to $70,000,000 may be Estonia, Former Yugoslavian Republic of Mac- (A) debt-for-equity swaps, debt-for-develop- made available for assistance for Sudan, of edonia, Georgia, India, Iraq, Kazakhstan, ment swaps, or debt-for-nature swaps; or which not to exceed $6,000,000 may be made Kyrgyzstan, Latvia, Lithuania, Moldova, Mon- (B) a debt buyback by an eligible country of available for administrative expenses of the golia, Pakistan, Romania, Slovakia, Tajikistan, its own qualified debt, only if the eligible coun- United States Agency for International Develop- Turkmenistan, Ukraine, and Uzbekistan. ment associated with assistance programs for try uses an additional amount of the local cur- ZIMBABWE rency of the eligible country, equal to not less Sudan. SEC. 572. The Secretary of the Treasury shall than 40 percent of the price paid for such debt (b) LIMITATION ON ASSISTANCE.—Subject to instruct the United States executive director to by such eligible country, or the difference be- subsection (c): each international financial institution to vote tween the price paid for such debt and the face (1) Notwithstanding section 501(a) of the against any extension by the respective institu- value of such debt, to support activities that International Malaria Control Act of 2000 (Pub- tion of any loans to the Government of link conservation and sustainable use of natural lic Law 106–570) or any other provision of law, Zimbabwe, except to meet basic human needs or resources with local community development, none of the funds appropriated by this Act may to promote democracy, unless the Secretary of and child survival and other child development, be made available for assistance for the Govern- State determines and certifies to the Committees in a manner consistent with sections 707 ment of Sudan. on Appropriations that the rule of law has been through 710 of the Foreign Assistance Act of (2) None of the funds appropriated by this Act restored in Zimbabwe, including respect for 1961, if the sale, reduction, or cancellation may be made available for the cost, as defined ownership and title to property, freedom of would not contravene any term or condition of in section 502, of the Congressional Budget Act speech and association. any prior agreement relating to such loan. of 1974, of modifying loans and loan guarantees GENDER BASED VIOLENCE (2) TERMS AND CONDITIONS.—Notwithstanding held by the Government of Sudan, including the - any other provision of law, the President shall, cost of selling, reducing, or canceling amounts SEC. 573. Programs funded under titles II and in accordance with this section, establish the owed to the United States, and modifying III of this Act that provide training for foreign terms and conditions under which loans may be concessional loans, guarantees, and credit police, judicial, and military officials, shall in- sold, reduced, or canceled pursuant to this sec- agreements. clude, where appropriate, programs and activi- tion. (c) Subsection (b) shall not apply if the Sec- ties that address gender-based violence. retary of State determines and certifies to the (3) ADMINISTRATION.—The Facility, as defined LIMITATION ON ECONOMIC SUPPORT FUND ASSIST- in section 702(8) of the Foreign Assistance Act of Committees on Appropriations that— ANCE FOR CERTAIN FOREIGN GOVERNMENTS (1) the Government of Sudan has taken sig- 1961, shall notify the administrator of the agen- THAT ARE PARTIES TO THE INTERNATIONAL nificant steps to disarm and disband govern- cy primarily responsible for administering part I CRIMINAL COURT ment-supported militia groups in the Darfur re- of the Foreign Assistance Act of 1961 of pur- SEC. 574. (a) None of the funds made available gion; chasers that the President has determined to be in this Act in title II under the heading ‘‘Eco- (2) the Government of Sudan and all govern- eligible, and shall direct such agency to carry nomic Support Fund’’ may be used to provide ment-supported militia groups are honoring out the sale, reduction, or cancellation of a loan assistance to the government of a country that their commitments made in the cease-fire agree- pursuant to this section. Such agency shall is a party to the International Criminal Court ment of April 8, 2004; and make adjustment in its accounts to reflect the (3) the Government of Sudan is allowing and has not entered into an agreement with the sale, reduction, or cancellation. unimpeded access to Darfur to humanitarian United States pursuant to Article 98 of the Rome (4) LIMITATION.—The authorities of this sub- aid organizations, the human rights investiga- Statute preventing the International Criminal section shall be available only to the extent that tion and humanitarian teams of the United Na- Court from proceeding against United States appropriations for the cost of the modification, tions, including protection officers, and an personnel present in such country. as defined in section 502 of the Congressional international monitoring team that is based in (b) The President may, with prior notice to Budget Act of 1974, are made in advance. Darfur and that has the support of the United Congress, waive the prohibition of subsection (a) (b) DEPOSIT OF PROCEEDS.—The proceeds from States. with respect to a North Atlantic Treaty Organi- the sale, reduction, or cancellation of any loan (d) EXCEPTIONS.—The provisions of subsection zation (‘‘NATO’’) member country, a major non- sold, reduced, or canceled pursuant to this sec- (b) shall not apply to— NATO ally (including Australia, Egypt, Israel, tion shall be deposited in the United States Gov- (1) humanitarian assistance; Japan, Jordan, Argentina, the Republic of ernment account or accounts established for the (2) assistance for Darfur and for areas outside Korea, and New Zealand), Taiwan, or such repayment of such loan. the control of the Government of Sudan; and other country as he may determine if he deter- (c) ELIGIBLE PURCHASERS.—A loan may be (3) assistance to support implementation of mines and reports to the appropriate congres- sold pursuant to subsection (a)(1)(A) only to a the Comprehensive Peace Agreement. sional committees that it is important to the na- purchaser who presents plans satisfactory to the (e) DEFINITIONS.—For the purposes of this Act tional interests of the United States to waive President for using the loan for the purpose of and section 501 of Public Law 106–570, the terms such prohibition.

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(c) The President may, with prior notice to (b) RESTRICTIONS.— suant to this section: Provided further, That the Congress, waive the prohibition of subsection (a) (1) The number of individuals hired in any fis- exercise of such authority shall be subject to the with respect to a particular country if he deter- cal year pursuant to the authority contained in regular notification procedures of the Commit- mines and reports to the appropriate congres- subsection (a) may not exceed 175. tees on Appropriations. sional committees that such country has entered (2) The authority to hire individuals con- LIMITATION ON FUNDS RELATING TO ATTENDANCE into an agreement with the United States pursu- tained in subsection (a) shall expire on Sep- OF FEDERAL EMPLOYEES AT CONFERENCES OC- ant to Article 98 of the Rome Statute preventing tember 30, 2008. CURRING OUTSIDE THE UNITED STATES the International Criminal Court from pro- (c) CONDITIONS.—The authority of subsection SEC. 580. None of the funds made available in ceeding against United States personnel present (a) may only be used to the extent that an this Act may be used to send or otherwise pay in such country. equivalent number of positions that are filled by for the attendance of more than 50 employees of (d) The prohibition of this section shall not personal services contractors or other nondirect- agencies or departments of the United States apply to countries otherwise eligible for assist- hire employees of USAID, who are compensated Government who are stationed in the United ance under the Millennium Challenge Act of with funds appropriated to carry out part I of States, at any single international conference 2003, notwithstanding section 606(a)(2)(B) of the Foreign Assistance Act of 1961, including occurring outside the United States, unless the such Act. funds appropriated under the heading ‘‘Assist- Secretary of State determines that such attend- (e) Funds appropriated for fiscal year 2005 ance for Eastern Europe and the Baltic States’’, ance is in the national interest: Provided, That under the heading ‘‘Economic Support Fund’’ are eliminated. for purposes of this section the term ‘‘inter- may be made available for democracy and rule (d) PRIORITY SECTORS.—In exercising the au- of law programs and activities, notwithstanding thority of this section, primary emphasis shall national conference’’ shall mean a conference the provisions of section 574 of division D of be placed on enabling USAID to meet personnel attended by representatives of the United States Public Law 108–447. positions in technical skill areas currently en- Government and representatives of foreign gov- TIBET cumbered by contractor or other nondirect-hire ernments, international organizations, or non- SEC. 575. (a) The Secretary of the Treasury personnel. governmental organizations. should instruct the United States executive di- (e) CONSULTATIONS.—The USAID Adminis- LIMITATION ON ASSISTANCE TO FOREIGN COUN- rector to each international financial institution trator shall consult with the Committees on Ap- TRIES THAT REFUSE TO EXTRADITE TO THE to use the voice and vote of the United States to propriations at least on a quarterly basis con- UNITED STATES ANY INDIVIDUAL ACCUSED IN support projects in Tibet if such projects do not cerning the implementation of this section. THE UNITED STATES OF KILLING A LAW EN- provide incentives for the migration and settle- (f) PROGRAM ACCOUNT CHARGED.—The ac- FORCEMENT OFFICER ment of non-Tibetans into Tibet or facilitate the count charged for the cost of an individual SEC. 581. None of the funds made available in transfer of ownership of Tibetan land and nat- hired and employed under the authority of this this Act for the Department of State may be ural resources to non-Tibetans; are based on a section shall be the account to which such indi- used to provide assistance to the central govern- thorough needs-assessment; foster self-suffi- vidual’s responsibilities primarily relate. Funds ment of a country which has notified the De- ciency of the Tibetan people and respect Tibetan made available to carry out this section may be partment of State of its refusal to extradite to culture and traditions; and are subject to effec- transferred to and merged and consolidated the United States any individual indicted in the tive monitoring. with funds appropriated for ‘‘Operating Ex- United States for killing a law enforcement offi- (b) Notwithstanding any other provision of penses of the United States Agency for Inter- cer, as specified in a United States extradition law, not less than $4,000,000 of the funds appro- national Development’’. request, unless the Secretary of State certifies to priated by this Act under the heading ‘‘Eco- (g) MANAGEMENT REFORM PILOT.—Of the the Committees on Appropriations in writing nomic Support Fund’’ should be made available funds made available in subsection (a), USAID that the application of the restriction to a coun- to nongovernmental organizations to support may use, in addition to funds otherwise avail- activities which preserve cultural traditions and try or countries is contrary to the national in- able for such purposes, up to $10,000,000 to fund terest of the United States. promote sustainable development and environ- overseas support costs of members of the Foreign mental conservation in Tibetan communities in PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI Service with a Foreign Service rank of four or the Tibetan Autonomous Region and in other ARABIA below: Provided, That such authority is only Tibetan communities in China, and not less used to reduce USAID’s reliance on overseas SEC. 582. None of the funds appropriated or than $250,000 should be made available to the personal services contractors or other nondirect- otherwise made available pursuant to this Act National Endowment for Democracy for human hire employees compensated with funds appro- shall be obligated or expended to finance any rights and democracy programs relating to priated to carry out part I of the Foreign Assist- assistance to Saudi Arabia: Provided, That the Tibet. ance Act of 1961, including funds appropriated President may waive the prohibition of this sec- CENTRAL AMERICA under the heading ‘‘Assistance for Eastern Eu- tion if he certifies to the Committees on Appro- SEC. 576. (a) Of the funds appropriated by this rope and the Baltic States’’. priations, 15 days prior to the obligation of Act under the headings ‘‘Child Survival and (h) DISASTER SURGE CAPACITY.—Funds appro- funds for assistance for Saudi Arabia, that Health Programs Fund’’ and ‘‘Development As- priated by this Act to carry out part I of the Saudi Arabia is cooperating with efforts to com- sistance’’, not less than the amount of funds Foreign Assistance Act of 1961, including funds bat international terrorism and that the pro- initially allocated pursuant to section 653(a) of appropriated under the heading ‘‘Assistance for posed assistance will help facilitate that effort. the Foreign Assistance Act of 1961 for fiscal year Eastern Europe and the Baltic States’’, may be GOVERNMENTS THAT HAVE FAILED TO PERMIT 2005 should be made available for El Salvador, used, in addition to funds otherwise available CERTAIN EXTRADITIONS Guatemala, Nicaragua and Honduras. for such purposes, for the cost (including the (b) In addition to the amounts requested SEC. 583. None of the funds made available in support costs) of individuals detailed to or em- under the heading ‘‘Economic Support Fund’’ this Act for the Department of State, other than ployed by the United States Agency for Inter- for assistance for Nicaragua and Guatemala in funds provided under the heading ‘‘Inter- national Development whose primary responsi- fiscal year 2006, not less than $1,500,000 should national Narcotics Control and Law Enforce- bility is to carry out programs in response to be made available for electoral assistance, media ment’’, may be used to provide assistance to the natural disasters. and civil society programs, and activities to central government of a country with which the combat corruption and strengthen democracy in HIPC DEBT REDUCTION United States has an extradition treaty and Nicaragua, and not less than $1,500,000 should SEC. 578. Section 501(b) of H.R. 3425, as en- which government has notified the Department be made available for programs and activities to acted into law by section 1000(a)(5) of division B of State of its refusal to extradite to the United combat organized crime, crimes of violence spe- of Public Law 106–113 (113 Stat. 1501A–311), is States any individual indicted for a criminal of- cifically targeting women, and corruption in amended by adding at the end the following fense for which the maximum penalty is life im- Guatemala. new paragraph: prisonment without the possibility of parole, un- (c) Funds made available pursuant to sub- ‘‘(5) The Act of March 11, 1941 (chapter 11; 55 less the Secretary of State certifies to the Com- section (b) shall be subject to prior consultation Stat. 31; 22 U.S.C. 411 et seq.; commonly known mittees on Appropriations in writing that the with the Committees on Appropriations. as the ‘Lend-Lease Act’).’’. application of this restriction to a country or UNITED STATES AGENCY FOR INTERNATIONAL OPIC TRANSFER AUTHORITY countries is contrary to the national interest of DEVELOPMENT MANAGEMENT (INCLUDING TRANSFER OF FUNDS) the United States. (INCLUDING TRANSFER OF FUNDS) SEC. 579. Whenever the President determines REPORTING REQUIREMENT SEC. 577. (a) AUTHORITY.—Up to $75,000,000 of that it is in furtherance of the purposes of the SEC. 584. The Secretary of State shall provide the funds made available in this Act to carry Foreign Assistance Act of 1961, up to a total of the Committees on Appropriations, not later out the provisions of part I of the Foreign As- $20,000,000 of the funds appropriated under title than April 1, 2006, and for each fiscal quarter, sistance Act of 1961, including funds appro- II of this Act may be transferred to and merged a report in writing on the uses of funds made priated under the heading ‘‘Assistance for East- with funds appropriated by this Act for the available under the headings ‘‘Foreign Military ern Europe and the Baltic States’’, may be used Overseas Private Investment Corporation Pro- Financing Program’’, ‘‘International Military by the United States Agency for International gram Account, to be subject to the terms and Education and Training’’, and ‘‘Peacekeeping Development (USAID) to hire and employ indi- conditions of that account: Provided, That such Operations’’: Provided, That such report shall viduals in the United States and overseas on a funds shall not be available for administrative include a description of the obligation and ex- limited appointment basis pursuant to the au- expenses of the Overseas Private Investment penditure of funds, and the specific country in thority of sections 308 and 309 of the Foreign Corporation: Provided further, That funds ear- receipt of, and the use or purpose of the assist- Service Act of 1980. marked by this Act shall not be transferred pur- ance provided by such funds.

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ENVIRONMENT PROGRAMS ments, and bidding documents, allowing in any needs and protect the rights of people with dis- SEC. 585. (a) FUNDING.—Of the funds appro- such dissemination or disclosure for the redac- abilities in developing countries. priated under the heading ‘‘Development Assist- tion of, or exceptions for, information that is (b) Funds appropriated under the heading ance’’, not less than $165,500,000 shall be made commercially proprietary or that would create ‘‘Operating Expenses of the United States Agen- available for programs and activities which di- competitive disadvantage. cy for International Development’’ shall be rectly protect biodiversity, including forests, in (2) Not later than 180 days after the enact- made available to develop and implement train- developing countries, of which not less than ment of this Act, the Secretary of the Treasury ing for staff in overseas USAID missions to pro- $10,000,000 should be made available to imple- shall submit a report to the Committees on Ap- mote the full inclusion and equal participation ment the United States Agency for International propriations describing, for each international of people with disabilities in developing coun- Development’s biodiversity conservation strat- financial institution, the amount and type of tries. egy for the Amazon basin, which amount shall assistance provided, by country, for the extrac- (c) The Secretary of State, the Secretary of the be in addition to the amounts requested for bio- tion and export of oil, gas, coal, timber, or other Treasury, and the Administrator of USAID shall diversity activities in these countries in fiscal national resource since September 30, 2005. seek to ensure that, where appropriate, con- year 2006: Provided, That of the funds appro- UZBEKISTAN struction projects funded by this Act are acces- priated by this Act, not less than $17,500,000 SEC. 586. Assistance may be provided to the sible to people with disabilities and in compli- should be made available for the Congo Basin central Government of Uzbekistan only if the ance with the USAID Policy on Standards for Forest Partnership of which not less than Secretary of State determines and reports to the Accessibility for the Disabled, or other similar $2,500,000 should be made available to the Committees on Appropriations that the Govern- accessibility standards. United States Fish and Wildlife Service for the ment of Uzbekistan is making substantial and (d) Of the funds made available pursuant to protection of great apes in Central Africa: Pro- continuing progress in meeting its commitments subsection (a), not more than 7 percent may be vided further, That of the funds appropriated under the ‘‘Declaration on the Strategic Part- for management, oversight and technical sup- by this Act, not less than $180,000,000 shall be nership and Cooperation Framework Between port. made available to support clean energy and the Republic of Uzbekistan and the United (e) Not later than 180 days after the date of other climate change policies and programs in States of America’’, including respect for human enactment of this Act, and 180 days thereafter, developing countries, of which $100,000,000 rights, establishing a genuine multi-party sys- the Administrator of USAID shall submit a re- should be made available to directly promote tem, and ensuring free and fair elections, free- port describing the programs, activities, and or- and deploy energy conservation, energy effi- dom of expression, and the independence of the ganizations funded pursuant to this section. ciency, and renewable and clean energy tech- media, and that a credible international inves- DISCRIMINATION AGAINST MINORITY RELIGIOUS nologies, and of which the balance should be tigation of the May 31, 2005, shootings in FAITHS IN THE RUSSIAN FEDERATION made available to directly: (1) measure, monitor, Andijan is underway with the support of the SEC. 589. None of the funds appropriated for and reduce greenhouse gas emissions; (2) in- Government of Uzbekistan: Provided, That for assistance under this Act may be made available crease carbon sequestration activities; and (3) the purposes of this section ‘‘assistance’’ shall for the Government of the Russian Federation, enhance climate change mitigation and adapta- include excess defense articles. after 180 days from the date of the enactment of tion programs. CENTRAL ASIA this Act, unless the President determines and (b) CLIMATE CHANGE REPORT.—Not later than certifies in writing to the Committees on Appro- 60 days after the date on which the President’s SEC. 587. (a) Funds appropriated by this Act priations that the Government of the Russian fiscal year 2007 budget request is submitted to may be made available for assistance for the Federation has implemented no statute, Execu- Congress, the President shall submit a report to Government of Kazakhstan only if the Secretary tive order, regulation or similar government ac- the Committees on Appropriations describing in of State determines and reports to the Commit- tion that would discriminate, or which has as its detail the following— tees on Appropriations that the Government of principal effect discrimination, against religious (1) all Federal agency obligations and expend- Kazakhstan has made significant improvements groups or religious communities in the Russian itures, domestic and international, for climate in the protection of human rights during the Federation in violation of accepted inter- change programs and activities in fiscal year preceding 6 month period. national agreements on human rights and reli- 2006, including an accounting of expenditures (b) The Secretary of State may waive sub- gious freedoms to which the Russian Federation by agency with each agency identifying climate section (a) if he determines and reports to the is a party. change activities and associated costs by line Committees on Appropriations that such a waiv- item as presented in the President’s Budget Ap- er is important to the national security of the WAR CRIMES IN AFRICA pendix; and United States. SEC. 590. (a) The Congress reaffirms its sup- (2) all fiscal year 2005 obligations and esti- (c) Not later than October 1, 2006, the Sec- port for the efforts of the International Criminal mated expenditures, fiscal year 2006 estimated retary of State shall submit a report to the Com- Tribunal for Rwanda (ICTR) and the Special expenditures and estimated obligations, and fis- mittees on Appropriations and the Committee on Court for Sierra Leone (SCSL) to bring to justice cal year 2007 requested funds by the United Foreign Relations of the Senate and the Com- individuals responsible for war crimes and States Agency for International Development, mittee on International Relations of the House crimes against humanity in a timely manner. by country and central program, for each of the of Representatives describing the following: (b) Funds appropriated by this Act, including following: (i) to promote the transfer and de- (1) The defense articles, defense services, and funds for debt restructuring, may be made avail- ployment of a wide range of United States clean financial assistance provided by the United able for assistance to the central government of energy and energy efficiency technologies; (ii) to States to the countries of Central Asia during a country in which individuals indicted by assist in the measurement, monitoring, report- the 6-month period ending 30 days prior to sub- ICTR and SCSL are credibly alleged to be living, ing, verification, and reduction of greenhouse mission of such report. if the Secretary of State determines and reports gas emissions; (iii) to promote carbon capture (2) The use during such period of defense arti- to the Committees on Appropriations that such and sequestration measures; (iv) to help meet cles, defense services, and financial assistance government is cooperating with ICTR and such countries’ responsibilities under the provided by the United States by units of the SCSL, including the surrender and transfer of Framework Convention on Climate Change; and armed forces, border guards, or other security indictees in a timely manner: Provided, That (v) to develop assessments of the vulnerability to forces of such countries. this subsection shall not apply to assistance pro- impacts of climate change and mitigation and (d) Prior to the initial obligation of assistance vided under section 551 of the Foreign Assist- adaptation response strategies. for the Government of Kyrgyzstan, the Sec- ance Act of 1961 or to project assistance under (c) EXTRACTION OF NATURAL RESOURCES.— retary of State shall submit a report to the Com- title II of this Act: Provided further, That the (1) The Secretary of the Treasury shall inform mittees on Appropriations describing (1) whether United States shall use its voice and vote in the the managements of the international financial the Government of Kyrgyzstan is forcibly re- United Nations Security Council to fully sup- institutions and the public that it is the policy turning Uzbeks who have fled violence and po- port efforts by ICTR and SCSL to bring to jus- of the United States that any assistance by such litical persecution, in violation of the 1951 Gene- tice individuals indicted by such tribunals in a institutions (including but not limited to any va Convention relating to the status of refugees, timely manner. loan, credit, grant, or guarantee) for the extrac- and the Convention Against Torture and Other (c) The prohibition in subsection (b) may be tion and export of oil, gas, coal, timber, or other Forms of Cruel, Inhuman, or Degrading Treat- waived on a country by country basis if the natural resource should not be provided unless ment; (2) efforts made by the United States to President determines that doing so is in the na- the government of the country has in place or is prevent such returns; and (3) the response of the tional security interest of the United States: taking the necessary steps to establish func- Government of Kyrgyzstan. Provided, That prior to exercising such waiver tioning systems for: (A) accurately accounting (e) For purposes of this section, the term authority, the President shall submit a report to for revenues and expenditures in connection ‘‘countries of Central Asia’’ means Uzbekistan, the Committees on Appropriations, in classified with the extraction and export of the type of Kazakhstan, Kyrgyz Republic, Tajikistan, and form if necessary, on: (1) the steps being taken natural resource to be extracted or exported; (B) Turkmenistan. to obtain the cooperation of the government in the independent auditing of such accounts and DISABILITY PROGRAMS surrendering the indictee in question to the the widespread public dissemination of the au- SEC. 588. (a) Of the funds appropriated by this court of jurisdiction; (2) a strategy, including a dits; and (C) verifying government receipts Act under the heading ‘‘Economic Support timeline, for bringing the indictee before such against company payments including wide- Fund’’, not less than $4,000,000 shall be made court; and (3) the justification for exercising the spread dissemination of such payment informa- available for programs and activities adminis- waiver authority. tion, and disclosing such documents as Host tered by the United States Agency for Inter- (d) Notwithstanding subsections (b) and (c), Government Agreements, Concession Agree- national Development (USAID) to address the assistance may be made available for the central

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.059 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9517 Government of Nigeria after 120 days following States contributions with those of other donors: Cooperation and Development (OECD), includ- enactment of this Act only if the President sub- Provided further, That funds made available ing activities as follows: mits a report to the Committees on Appropria- pursuant to this section shall be subject to the (1) The provision of equipment and training tions, in classified form if necessary, on: (1) the regular notification procedures of the Commit- for law enforcement, including in the interpre- steps taken in fiscal years 2003, 2004 and 2005 to tees on Appropriations. tation of intellectual property laws. obtain the cooperation of the Government of Ni- ORPHANS, DISPLACED AND ABANDONED CHILDREN (2) The provision of training for judges and geria in surrendering Charles Taylor to the SEC. 594. Of the funds appropriated under prosecutors, including in the interpretation of SCSL; and (2) a strategy, including a timeline, title II of this Act, not less than $3,000,000 intellectual property laws. for bringing Charles Taylor before the SCSL. should be made available for activities to im- (3) The provision of assistance in complying SECURITY IN ASIA prove the capacity of foreign government agen- with obligations under applicable international SEC. 591. (a) Of the funds appropriated under cies and nongovernmental organizations to pre- treaties and agreements on copyright and intel- the heading ‘‘Foreign Military Financing Pro- vent child abandonment, address the needs of lectual property. gram’’, not less than the following amounts orphans, displaced and abandoned children and (b) CONSULTATION WITH WORLD INTELLEC- shall be made available to enhance security in provide permanent homes through family reuni- TUAL PROPERTY ORGANIZATION.—In carrying Asia, consistent with democratic principles and fication, guardianship and domestic adoptions: out the program authorized by subsection (a), the rule of law— Provided, That funds made available under title the Secretary shall, to the maximum extent (1) $30,000,000 for assistance for the Phil- II of this Act should be made available, as ap- practicable, consult with and provide assistance ippines; propriate, consistent with— to the World Intellectual Property Organization (2) $1,000,000 for assistance for Indonesia; (1) the goal of enabling children to remain in in order to promote the integration of countries (3) $1,000,000 for assistance for Bangladesh; the care of their family of origin, but when not described in subsection (a) into the global intel- (4) $3,000,000 for assistance for Mongolia; possible, placing children in permanent homes lectual property system. (5) $1,500,000 for assistance for Thailand; through adoption; (c) FUNDING.—Of the amount appropriated or (6) $1,000,000 for assistance for Sri Lanka; (2) the principle that such placements should otherwise made available under the heading (7) $1,000,000 for assistance for Cambodia; be based on informed consent which has not ‘‘International Narcotics Control and Law En- (8) $500,000 for assistance for Fiji; and been induced by payment or compensation; forcement’’, $5,000,000 may be made available in (9) $250,000 for assistance for Tonga. (3) the view that long-term foster care or insti- fiscal year 2006 for the program authorized by (b) In addition to amounts appropriated else- tutionalization are not permanent options and subsection (a). where in this Act, $10,000,000 is hereby appro- should be used when no other suitable perma- MALARIA priated for ‘‘Foreign Military Financing Pro- nent options are available; and SEC. 598. Of the funds appropriated under the gram’’: Provided, That these funds shall be (4) the recognition that programs that protect heading ‘‘Child Survival and Health Programs available only to assist the Philippines in ad- and support families can reduce the abandon- Fund’’, not less than $100,000,000 should be dressing the critical deficiencies identified in the ment and exploitation of children. made available for programs and activities to Joint Defense Assessment of 2003. ADVISOR FOR INDIGENOUS PEOPLES ISSUES combat malaria: Provided, That such funds (c) Funds made available for assistance for SEC. 595. (a) After consultation with the Com- should be made available in accordance with Indonesia pursuant to subsection (a) may only mittees on Appropriations and not later than country strategic plans incorporating best public be made available for the Indonesian Navy, not- 120 days after enactment of this Act, the Admin- health practices, which should include consider- withstanding section 599F of this Act: Provided, istrator of the United States Agency for Inter- able support for the purchase of commodities That such funds shall only be made available national Development shall designate an ‘‘Advi- and equipment including: (1) insecticides for in- subject to the regular notification procedures of sor for Indigenous Peoples Issues’’ whose re- door residual spraying that are proven to reduce the Committees on Appropriations. sponsibilities shall include— the transmission of malaria; (2) pharmaceuticals (d) Funds made available for assistance for (1) consulting with representatives of indige- that are proven effective treatments to combat Cambodia pursuant to subsection (a) shall be nous peoples organizations; malaria; (3) long-lasting insecticide-treated nets made available notwithstanding section 554 of (2) ensuring that the rights and needs of in- used to combat malaria; and (4) other activities this Act: Provided, That such funds shall only digenous peoples are being respected and ad- to strengthen the public health capacity of ma- be made available subject to the regular notifi- dressed in United States Agency for Inter- laria-affected countries: Provided further, That cation procedures of the Committees on Appro- national Development policies, programs and no later than 90 days after the date of enact- priations. activities; ment of this Act, and every 90 days thereafter NEPAL (3) monitoring the design and implementation until September 30, 2006, the Administrator of SEC. 592. (a) Funds appropriated under the of United States Agency for International De- the United States Agency for International De- heading ‘‘Foreign Military Financing Program’’ velopment policies, programs and activities velopment shall submit to the Committees on Ap- may be made available for assistance for Nepal which affect indigenous peoples; and propriations a report describing in detail ex- only if the Secretary of State certifies to the (4) coordinating with other Federal agencies penditures to combat malaria during fiscal year Committees on Appropriations that the Govern- on relevant issues relating to indigenous peo- 2006. ment of Nepal, including its security forces, has ples. OVERSIGHT OF IRAQ RECONSTRUCTION restored civil liberties, is protecting human STATEMENT SEC. 599. Subsection (o) of section 3001 of the rights, and has demonstrated, through dialogue SEC. 596. (a) Funds provided in this Act for Emergency Supplemental Appropriations Act for with Nepal’s political parties, a commitment to a the following accounts shall be made available Defense and for the Reconstruction of Iraq and clear timetable to restore multi-party democratic for programs and countries in the amounts con- Afghanistan, 2004 (Public Law 108–106; 117 Stat. government consistent with the 1990 Nepalese tained in the respective tables included in the 1234; 5 U.S.C. App. 3 section 8G note), as Constitution. report accompanying this Act: amended by section 1203(j) of the Ronald W. (b) The Secretary of State may waive the re- ‘‘Child Survival and Health Programs Fund’’. Reagan National Defense Authorization Act for quirements of this section if the Secretary cer- ‘‘Economic Support Fund’’. Fiscal Year 2005 (Public Law 108–375; 118 Stat. tifies to the Committees on Appropriations that ‘‘Assistance for Eastern Europe and the Baltic 2081), is amended by striking ‘‘obligated’’ and to do so is in the national security interests of States’’. inserting ‘‘expended’’. the United States. ‘‘Assistance for the Independent States of the NONPROLIFERATION AND COUNTERPROLIFERATION NEGLECTED DISEASES Former Soviet Union’’. EFFORTS SEC. 593. Of the funds appropriated under the ‘‘Global HIV/AIDS Initiative’’. SEC. 599A. Funds appropriated under title II heading ‘‘Child Survival and Health Programs ‘‘Democracy Fund’’. under the heading ‘‘Nonproliferation, Anti-Ter- Fund’’, not less than $15,000,000 shall be made ‘‘International Narcotics Control and Law rorism, Demining and Related Programs’’ may available to support an integrated response to Enforcement’’. be made available to the Under Secretary of the control of neglected diseases including intes- ‘‘Andean Counterdrug Initiative’’. State for Arms Control and International Secu- tinal parasites, schistosomiasis, lymphatic fila- ‘‘Nonproliferation, Anti-Terrorism, Demining rity for use in certain nonproliferation efforts riasis, onchocerciasis, trachoma and leprosy: and Related Programs’’. and counterproliferation efforts such as in- Provided, That the Administrator of the United ‘‘Foreign Military Financing Program’’. creased voluntary dues to the International States Agency for International Development ‘‘International Organizations and Programs’’. Atomic Energy Agency and Proliferation Secu- shall consult with the Committees on Appropria- (b) Any proposed increases or decreases to the rity Initiative activities. tions, representatives from the relevant inter- amounts contained in such tables in the accom- national technical and nongovernmental orga- panying report shall be subject to the regular PROMOTION OF POLICY GOALS AT MULTILATERAL nizations addressing the specific diseases, recipi- notification procedures of the Committees on DEVELOPMENT BANKS ent countries, donor countries, the private sec- Appropriations and section 634A of the Foreign SEC. 599B. Title XV of the International Fi- tor, UNICEF and the World Health Organiza- Assistance Act of 1961. nancial Institutions Act (22 U.S.C. 262o, et seq.) tion (1) on the most effective uses of such funds COMBATTING PIRACY OF UNITED STATES is amended by adding at the end the following: to demonstrate the health and economic benefits COPYRIGHTED MATERIALS ‘‘SEC. 1505. PROMOTION OF POLICY GOALS. of such an approach, and (2) to develop a multi- SEC. 597. (a) PROGRAM AUTHORIZED.—The ‘‘(a) The Secretary of the Treasury shall in- lateral, integrated initiative to control these dis- Secretary of State may carry out a program of struct the United States Executive Director at eases that will enhance coordination and effec- activities to combat piracy in countries that are each multilateral development bank to inform tiveness and maximize the leverage of United not members of the Organization for Economic each such bank and the executive directors of

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.061 H02NOPT1 H9518 CONGRESSIONAL RECORD — HOUSE November 2, 2005

each such bank of the policy of the United burdens of proof, (2) access to independent ad- ANTICORRUPTION PROVISIONS States as set out in this section and to actively judicative bodies, including external arbitration SEC. 599D. Twenty percent of the funds ap- promote this policy and the goals set forth in based on consensus selection and shared costs, propriated by this Act under the heading section 1504 of this Act. It is the policy of the and (3) results that eliminate the effects of prov- ‘‘International Development Association’’, shall United States that each bank should— en retaliation; and be withheld from disbursement until the Sec- ‘‘(1) require the bank’s employees, officers and ‘‘(12) require, to the maximum extent possible, retary of the Treasury certifies to the appro- consultants to make an annual disclosure of that all draft country strategies are issued for priate congressional committees that— their financial interests and income and of any public consideration no less than 45 days before (1) World Bank procurement guidelines are other potential source of conflict of interest; the country strategy is considered by the multi- applied to all procurement financed in whole or ‘‘(2) link project and program design and re- lateral development bank board of directors. in part by a loan from the International Bank sults to management and staff performance ap- ‘‘(b) The Secretary of the Treasury shall, be- for Reconstruction and Development (IBRD) or praisals, salaries, and bonuses; ginning thirty days after the enactment of this a credit agreement or grant from the Inter- ‘‘(3) implement voluntary disclosure programs Act and within sixty calendar days of the meet- national Development Association (IDA); for firms and individuals participating in ing of the respective bank’s Board of Directors (2) the World Bank proposal ‘‘Increasing the projects financed by such bank; at which such decisions are made, publish on Use of Country Systems in Procurement’’ dated ‘‘(4) ensure that all loan, credit, guarantee, the Department of the Treasury website a state- March 2005 has been withdrawn; and grant documents and other agreements with ment or explanation of the United States posi- (3) the World Bank is maintaining a strong borrowers include provisions for the financial tion on decisions related to (1) operational poli- central procurement office staffed with senior resources and conditionality necessary to ensure cies; and (2) any proposal which would result or experts who are designated to address commer- that a person or country that obtains financial be likely to result in a significant effect on the cial concerns, questions, and complaints regard- support from a bank complies with applicable environment. ing procurement procedures and payments ‘‘(c) In this section the term ‘multilateral de- bank policies and national and international under IDA and IBRD projects; velopment bank’ has the meaning given that laws in carrying out the terms and conditions of (4) thresholds for international competitive term in section 1307 of the International Finan- such documents and agreements, including bank bidding are established to maximize inter- cial Institutions Act (22 U.S.C. 262m–7) and also policies and national and international laws national competitive bidding in accordance with includes the European Bank for Reconstruction pertaining to the comprehensive assessment and sound procurement practices, including trans- and Development and the Global Environment transparency of the activities related to access parency, competition, and cost-effective results Facility.’’. to information, public health, safety, and envi- for the Borrowers; AUTHORIZATIONS ronmental protection; (5) all tenders under the World Bank’s na- SEC. 599C. (a) To authorize the United States ‘‘(5) implement clear anti-corruption proce- tional competitive bidding provisions are subject participation in and appropriations for the dures setting forth the circumstances under to the same advertisement requirements as United States contribution to the fourteenth re- which a person will be barred from receiving a tenders under international competitive bidding; plenishment of the resources of the Inter- loan, contract, grant, guarantee or credit from and national Development Association, the Inter- such bank, make such procedures available to (6) loan agreements are made public between national Development Association Act, Public the public, and make the identity of such person the World Bank and the Borrowers. available to the public; Law 86–565, as amended (22 U.S.C. 284, et seq.), ASSISTANCE FOR DEMOBILIZATION AND DISAR- ‘‘(6) coordinate policies across multilateral de- is further amended by adding at the end thereof MAMENT OF FORMER IRREGULAR COMBATANTS velopment banks on issues including debarment, the following new section: IN COLOMBIA cross-debarment, procurement guidelines, con- ‘‘SEC. 23. FOURTEENTH REPLENISHMENT. sultant guidelines, and fiduciary standards so ‘‘(a) The United States Governor of the Inter- SEC. 599E. (a) AVAILABILITY OF FUNDS.—Of that a person that is debarred by one such bank national Development Association is authorized the funds appropriated in this Act, up to is subject to a rebuttable presumption of ineligi- to contribute on behalf of the United States $20,000,000 may be made available in fiscal year bility to conduct business with any other such $2,850,000,000 to the fourteenth replenishment of 2006 for assistance for the demobilization and bank during the specific ineligibility period; the resources of the Association, subject to ob- disarmament of former members of foreign ter- ‘‘(7) require each bank borrower and grantee taining the necessary appropriations. rorist organizations (FTOs) in Colombia, specifi- and each bidder, supplier and contractor for ‘‘(b) In order to pay for the United States con- cally the United Self-Defense Forces of Colom- MDB projects to comply with the highest stand- tribution provided for in subsection (a), there bia (AUC), the Revolutionary Armed Forces of ard of ethics prohibiting coercive, collusive, cor- are authorized to be appropriated, without fis- Colombia (FARC) and the National Liberation rupt and fraudulent practices, such as are de- cal year limitation, $2,850,000,000 for payment Army (ELN), if the Secretary of State makes a fined in the World Bank’s Procurement Guide- by the Secretary of the Treasury.’’. certification described in subsection (b) to the lines of May, 2004; (b) To authorize the United States participa- appropriate congressional committees prior to ‘‘(8) maintain a functionally independent In- tion in and appropriations for the United States the initial obligation of amounts for such assist- vestigations Office, Auditor General Office and contribution to the tenth replenishment of the ance for the fiscal year involved. Evaluation Office that are free from interference resources of the African Development Fund, the (b) CERTIFICATION.—A certification described in determining the scope of investigations (in- African Development Fund Act, Public Law 94– in this subsection is a certification that— cluding forensic audits), internal auditing (in- 302, as amended (22 U.S.C. 290g, et seq.), is fur- (1) assistance for the fiscal year will be pro- cluding assessments of management controls for ther amended by adding at the end thereof the vided only for individuals who have (A) meeting operational objectives and complying following new section: verifiably renounced and terminated any affili- with bank policies), performing work and com- ‘‘SEC. 218. TENTH REPLENISHMENT. ation or involvement with FTOs or other illegal municating results, and that regularly report to ‘‘(a) The United States Governor of the Fund armed groups, and (B) are meeting all the re- such bank’s board of directors and, as appro- is authorized to contribute on behalf of the quirements of the Colombia Demobilization Pro- priate and in a manner consistent with such United States $407,000,000 to the tenth replenish- gram, including having disclosed their involve- functional independence of the Investigations ment of the resources of the Fund, subject to ob- ment in past crimes and their knowledge of the Office and the Auditor General Office, to the taining the necessary appropriations. FTO’s structure, financing sources, illegal as- bank’s President; ‘‘(b) In order to pay for the United States con- sets, and the location of kidnapping victims and ‘‘(9) require that each candidate for adjust- tribution provided for in subsection (a), there bodies of the disappeared; ment or budget support loans demonstrate are authorized to be appropriated, without fis- (2) the Government of Colombia is providing transparent budgetary and procurement proc- cal year limitation, $407,000,000 for payment by full cooperation to the Government of the esses including budget publication and public the Secretary of the Treasury.’’. United States to extradite the leaders and mem- scrutiny prior to loan or grant approval; (c) To authorize the United States participa- bers of the FTOs who have been indicted in the ‘‘(10) require that for each project where com- tion in and appropriations for the United States United States for murder, kidnapping, narcotics pensation is to be provided to persons adversely contribution to the eighth replenishment of the trafficking, and other violations of United affected by the project, such persons have re- resources of the Asian Development Fund, the States law; course to an impartial and responsive mecha- Asian Development Fund Act, Public Law 92– (3) the Government of Colombia is imple- nism to receive and resolve complaints. The 245, as amended (22 U.S.C. 285, et seq.), is fur- menting a concrete and workable framework for mechanism should be easily accessible to all seg- ther amended by adding at the end thereof the dismantling the organizational structures of for- ments of the affected community without imped- following new section: eign terrorist organizations; and ing access to other judicial or administrative ‘‘SEC. 32. EIGHTH REPLENISHMENT. (4) funds shall not be made available as cash remedies and without retribution; ‘‘(a) The United States Governor of the Bank payments to individuals and are available only ‘‘(11) implement best practices in domestic is authorized to contribute on behalf of the for activities under the following categories: laws and international conventions against cor- United States $461,000,000 to the eighth replen- verification, reintegration (including training ruption for whistleblower and witness disclo- ishment of the resources of the Fund, subject to and education), vetting, recovery of assets for sures and protections against retaliation for in- obtaining the necessary appropriations. reparations for victims, and investigations and ternal and lawful public disclosures by the ‘‘(b) In order to pay for the United States con- prosecutions. bank’s employees and others affected by such tribution provided for in subsection (a), there (c) DEFINITIONS.—In this section: bank’s operations who challenge illegality or are authorized to be appropriated, without fis- (1) APPROPRIATE CONGRESSIONAL COMMIT- other misconduct that could threaten the bank’s cal year limitation, $461,000,000 for payment by TEES.—The term ‘‘appropriate congressional mission, including (1) best practices for legal the Secretary of the Treasury.’’. committees’’ means—

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 7634 Sfmt 6333 E:\CR\FM\A02NO7.064 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9519 (A) the Committee on Appropriations and the JOINT EXPLANATORY STATEMENT OF Conference agreement Committee on International Relations of the THE COMMITTEE OF CONFERENCE Millennium Challenge House of Representatives; and The committee of conference on the dis- Corporation ...... 1,770,000 (B) the Committee on Appropriations and the agreeing votes of the two Houses on the Global HIV/AIDS Initia- Committee on Foreign Relations of the Senate. amendments of the Senate to the bill (H.R. tive ...... 1,995,000 (2) FOREIGN TERRORIST ORGANIZATION.—The 3057), ‘‘making appropriations for foreign op- Democracy Fund ...... 95,000 term ‘‘foreign terrorist organization’’ means an erations, export financing, and related pro- International Narcotics organization designated as a terrorist organiza- grams for the fiscal year ending September Control ...... 477,200 Andean Counterdrug Ini- tion under section 219 of the Immigration and 30, 2006, and for other purposes’’, submits the tiative ...... 734,500 Nationality Act. following joint statement to the House and Migration and Refugee INDONESIA the Senate in explanation of the effect of the Assistance ...... 791,000 SEC. 599F. (a) Funds appropriated by this Act action agreed upon by the conferees and rec- United States Emergency under the heading ‘‘Foreign Military Financing ommended in the accompanying conference Refugee and Migration Program’’ may be made available for assistance report. Assistance Fund ...... 30,000 for Indonesia, and licenses may be issued for the The conference agreement incorporates Nonproliferation, Anti- export of lethal defense articles for the Indo- some of the provisions of both the House and terrorism, and nesian Armed Forces, only if the Secretary of Senate versions of the bill. The statement of Demining ...... 410,100 State certifies to the appropriate congressional the managers remains silent on provisions International affairs committees that— that were in both the House bill and Senate technical assistance .... 20,000 (1) the Indonesian Government is prosecuting bill that remain substantially unchanged by Debt Restructuring ...... 65,000 and punishing, in a manner proportional to the the conference agreement. crime, members of the Armed Forces who have The language set forth in House Report Subtotal, Title II (Dis- been credibly alleged to have committed gross 109–152 and Senate Report 109–96 should be cretionary) ...... 14,532,800 violations of human rights; complied with unless specifically addressed Subtotal, Title II (Man- (2) at the direction of the President of Indo- in the accompanying bill and statement of datory) ...... 41,700 nesia, the Armed Forces are cooperating with ci- the managers to the contrary. The state- Subtotal, Title II ...... 14,574,500 vilian judicial authorities and with inter- ment of the managers, while repeating some Title III—Military Assist- national efforts to resolve cases of gross viola- report language for emphasis or clarifica- ance tions of human rights in East Timor and else- tion, does not intend to negate the language International Military where; and in either the House or Senate reports unless Education and Train- (3) at the direction of the President of Indo- expressly addressed herein. ing ...... 86,744 nesia, the Government of Indonesia is imple- CONFERENCE AGREEMENT Foreign Military Financ- menting reforms to improve civilian control of [Budget authority in thousands of dollars] ing ...... 4,500,000 the military. Peacekeeping Operations 175,000 (b) The Secretary of State may waive sub- Conference agreement section (a) if the Secretary determines and re- Title I—Export and Invest- Subtotal, Title III ...... 4,761,744 ports to the Committees on Appropriations that ment Assistance: Title IV—Multilateral Eco- to do so is in the national security interests of Export Import Bank ...... 100,000 nomic Assistance: the United States. Export Import Bank Global Environment Fa- Admin Expenses ...... 73,200 REPORT ON INDONESIAN COOPERATION cility ...... 80,000 Export Import Bank In- SEC. 599G. Not later than 90 days after enact- International Develop- spector General ...... 1,000 ment of this Act, the Secretary of State shall ment Association ...... 950,000 Export Import Bank neg- Multilateral Investment submit a report to the Committees on Appropria- ¥ ative subsidy ...... 35,000 Guarantee Agency ...... 1,300 tions that describes— OPIC Administrative ex- Multilateral Investment (1) the status of the investigation of the mur- penses ...... 42,274 Fund ...... 1,742 ders of two United States citizens and one Indo- OPIC Credit subsidy ...... 20,276 Inter-American Invest- nesian citizen that occurred on August 31, 2002 OPIC offsetting collec- ment Corporation ...... 1,742 in Timika, Indonesia, the status of any individ- tions ...... ¥240,000 Asian Development Fund 100,000 uals indicted within the United States or Indo- Trade and Development African Development nesia for crimes relating to those murders, and Agency ...... 50,900 the status of judicial proceedings relating to Bank ...... 3,638 those murders; Subtotal, Title I ...... 12,650 African Development (2) the efforts by the Government of Indonesia Title II—Bilateral Eco- Fund ...... 135,700 to arrest individuals indicted for crimes relating nomic Assistance: European Bank for Re- to those murders and any other actions taken by Child Survival and construction and De- the Government of Indonesia, including the In- health programs fund .. 1,585,000 velopment ...... 1,016 donesian judiciary, police and Armed Forces, to Development Assistance 1,524,000 International Fund for bring the individuals responsible for those mur- International Disaster Agriculture ...... 15,000 ders to justice; and Assistance ...... 365,000 International Organiza- (3) the cooperation provided by the Govern- Transition Initiatives ..... 40,000 tions and Programs ..... 329,458 ment of Indonesia, including the Indonesian ju- Development Credit Pro- diciary, police and Armed Forces, to requests re- gram (by transfer) ...... 21,000 Subtotal, Title IV ...... 1,619,596 lated to those murders made by the Secretary of Administrative expenses 8,000 Title V—General Provi- State or the Director of the Federal Bureau of Payment to the Foreign sions Investigation. Service Retirement and Section 6084, ‘‘Security This Act may be cited as the ‘‘Foreign Oper- Disability Fund (man- in Asia’’ ...... 10,000 ations, Export Financing, and Related Programs datory) ...... 41,700 Subtotal, Title V ...... 10,000 Appropriations Act, 2006’’. Operating expenses of Discretionary total .. 20,936,548 And the Senate agree to the same. USAID ...... 630,000 Mandatory total ...... 41,700 That the Senate recede from its amend- Capital investment fund 70,000 ment to the title of the bill. Operating Expenses of JIM KOLBE, USAID Inspector Gen- Total, Foreign Op- JERRY LEWIS, eral ...... 36,000 erations ...... 20,978,490 JOE KNOLLENBERG, Economic Support Fund 2,634,000 Once again, the conferees include a signifi- MARK STEVEN KIRK, International Fund for cant increase to fight HIV/AIDS, tuber- ANDER CRENSHAW, Ireland ...... 13,500 culosis (TB), and malaria. This funding is ap- DON SHERWOOD, Assistance to Eastern propriated in several accounts and is summa- JOHN E. SWEENEY, Europe and the Baltic rized in the chart below. Narratives for the DENNIS REHBERG, States ...... 361,000 specific diseases are under the headings JOHN CARTER, Assistance for the Inde- ‘‘Child Survival and Health Programs Fund’’ NITA M. LOWEY, pendent States of the and ‘‘Global HIV/AIDS Initiative’’. DAVID R. OBEY, Former Soviet Union ... 514,000 The conferees include a total of JESSE L. JACKSON, Jr. Inter¥American Founda- $2,820,000,000 for HIV/AIDS, TB, and malaria, CAROLYN C. KILPATRICK, tion ...... 19,500 $268,000,000 over the President’s request and STEVEN R. ROTHMAN, African Development $629,000,000 over the fiscal year 2005 level. CHAKA FATTAH, Foundation ...... 23,000 This figure does not include significant fund- Managers on the Part of the House. Peace Corps ...... 322,000 ing anticipated to be appropriated for the

VerDate Aug 31 2005 05:50 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.067 H02NOPT1 H9520 CONGRESSIONAL RECORD — HOUSE November 2, 2005 Department of Health and Human Services assistance from United States exporters that Conference agreement or the United States share of HIV/AIDS as- meet the Bank’s criteria for credit worthi- Global Fund to Fight sistance through the World Bank Group. ness, export additionality, foreign competi- AIDS, Tuberculosis and tion and net benefit to the United States Malaria ...... 250,000 FUNDING FOR HIV/AIDS, TUBERCULOSIS AND MALARIA economy. The conferees do not require from [Budget authority in thousands of dollars] the Bank an explanation for rejections of re- Total ...... 1,585,000 quests for assistance from any specific A table describing HIV/AIDS, TB, and ma- Fiscal year Fiscal year United States industry. The conferees direct laria allocations by account is at the begin- 2006 con- the Export-Import Bank to report by March ning of this statement of the managers. Disease/account 2006 reference quest agreement 31, 2006 on all applications received in fiscal Again this year, no funding for HIV/AIDS year 2005 and a summary of actions under- programs in the 15 Emergency Plan for AIDS HIV/AIDS ...... 2,341,040 2,426,600 taken by the Bank with regard to such appli- Relief ‘‘focus’’ countries is appropriated in Child Survival and Health Programs Fund ...... 386,000 490,000 cations. this account. Funding for the ‘‘focus’’ coun- Global HIV/AIDS Initiative ...... 1,926,000 1,907,000 OVERSEAS PRIVATE INVESTMENT CORPORATION tries is appropriated under the heading Economic Support Fund ...... 3,700 4,000 ‘‘Global HIV/AIDS Initiative’’. The narrative Assistance for Eastern Europe and the The conferees direct the President of the for HIV/AIDS funding is under the heading Baltic States ...... 1,560 1,600 Overseas Private Investment Corporation Assistance for the Independent States of ‘‘Global HIV/AIDS Initiative’’. the Former Soviet Union ...... 21,800 22,000 (OPIC) to continue current policy and con- Foreign Military Financing ...... 1,980 2,000 sult with the Committees on Appropriations THE GLOBAL FUND Tuberculosis ...... 88,586 150,900 before any future financing for non-govern- The conference agreement includes a total Global HIV/AIDS Initiative ...... 13,000 26,000 Child Survival and Health Programs mental organizations or private and vol- of $450,000,000 for the Global Fund: Fund ...... 63,000 112,500 untary organizations is approved. $250,000,000 from this account, and $200,000,000 Economic Support Fund ...... 1,900 2,000 TRADE AND DEVELOPMENT AGENCY from the Global HIV/AIDS Initiative ac- Assistance for Eastern Europe and the count. Baltic States ...... 386 400 The conference agreement provides Assistance for the Independent States of The conferees note that, of the funding the Former Soviet Union ...... 10,300 10,000 $50,900,000 for the Trade and Development committed by the Global Fund to recipient Malaria ...... 122,500 242,500 Agency (TDA). countries, approximately 56 percent will be Child Survival and Health Programs The conferees provide $1,500,000 for TDA to Fund ...... 90,000 177,500 for HIV/AIDS interventions, 31 percent for Global HIV/AIDS Initiative ...... 31,000 62,000 conduct an international aviation security malaria interventions, and 13 percent for TB Economic Support Fund ...... 1,500 3,000 and safety program to enhance the capabili- or combined TB/AIDS interventions. The Total ...... 2,552,126 2,820,000 ties of foreign civil aviation authorities. The Of which, for the Global Fund to Fight conferees have used these percentages to es- AIDS, Tuberculosis and Malaria 1 ...... 200,000 450,000 conferees believe this program will have the timate the portion of the United States con- most impact if a substantial portion is im- 1 The contribution to the Global Fund has been allocated among the distribution to the Global Fund that is likely to eases in proportion to the Global Fund’s grant portfolio. plemented through a cooperative agreement be attributed for each disease. between TDA and a non-profit aviation orga- TUBERCULOSIS The conference agreement makes available nization with relevant experience in develop- $450,000,000 for the United States contribu- ment and training programs that assist The conference agreement provides a total tion to the Global Fund to Fight AIDS, TB countries in meeting their obligations for of $150,900,000 for TB assistance. Of this and Malaria (Global Fund), $250,000,000 from international aviation security and safety amount, $80,000,000 is funded through the the ‘‘Child Survival and Health Programs standards. ‘‘other infectious diseases’’ allocation in this Fund’’ and $200,000,000 from the ‘‘Global HIV/ account, an estimated $12,400,000 from other TITLE II—BILATERAL ECONOMIC AIDS Initiative’’ account. The disease bilateral accounts, and $58,500,000 through ASSISTANCE amounts for ‘‘Child Survival and Health Pro- the contribution to the Global Fund. United States Agency for International grams Fund’’ and ‘‘Global HIV/AIDS Initia- MALARIA tive’’ in the table above include the amount Development For malaria, the conference agreement of the Global Fund contribution from those CHILD SURVIVAL AND HEALTH PROGRAMS FUND provides a total of $242,500,000. Of this accounts estimated to be dedicated to those (INCLUDING TRANSFER OF FUNDS) amount, it is expected that $139,500,000 of the diseases, using Global Fund grant trend contribution to the Global Fund will fund data. The conference agreement provides The fiscal year 2006 budget request for $1,585,000,000 for the ‘‘Child Survival and malaria programs, $100,000,000 is funded these accounts included $200,000,000 for a Health Programs Fund’’ instead of through the ‘‘other infectious diseases’’ allo- United States contribution to the Global $1,497,000,000 as proposed by the House or cation in this account, and an estimated Fund: $100,000,000 from the ‘‘Global HIV/AIDS $1,659,000,000 as proposed by the Senate. The $3,000,000 is provided from other bilateral ac- Initiative’’ account and $100,000,000 from the conference agreement includes not to exceed counts. The conferees have long been con- ‘‘Child Survival and Health Programs Fund’’ $350,000 for monitoring and oversight as pro- cerned by the mortality and morbidity account. The President requested an addi- posed by the Senate, rather than $250,000 as caused by this disease, and have made avail- tional $100,000,000 from the accounts which proposed by the House. able more than $657,500,000 since 2001 to fight appropriate funding for the Department of As in previous years, the conference agree- malaria, consistently more each year than Health and Human Services. ment includes language allocating the requested by the President. ‘‘Child Survival and Health Programs Fund’’ The conferees include section 598, similar BUDGET JUSTIFICATION MATERIALS among six program categories. A definition to a Senate provision, which requires that The conferees agree with the direction of of program categories and their components bilateral malaria funds made available in the Senate with respect to submission of a can be found on pages 9 through 11 of House this Act are spent in a coordinated, trans- report on a proposal to improve budget jus- Report 107–142 and under the heading ‘‘Fam- parent manner on effective anti-malarial tification material submitted with the fiscal ily Planning/Reproductive Health’’ on page programs. The conferees urge the United year 2007 budget request. The conferees agree 12 of Senate Report 107–58. States Agency for International Develop- that the State Department should submit Funds in this account are allocated in the ment (USAID) to work with host country proposals as recommended by the Senate to following table and, as stipulated in section health authorities, other donors, and multi- the Committees on Appropriations no later 596, any change to these allocations is sub- lateral institutions to develop, where they than December 15, 2005. ject to the regular reprogramming proce- do not already exist, country-level malaria TITLE I—EXPORT AND INVESTMENT dures of the Committees on Appropriations: plans with clearly delineated roles and re- ASSISTANCE sponsibilities. These plans should include CHILD SURVIVAL AND HEALTH PROGRAMS FUND EXPORT-IMPORT BANK OF THE UNITED STATES specific indicators, procedures to measure [Budget authority in thousands of dollars] The conference agreement includes a first- progress toward those indicators, and mecha- time appropriation of $1,000,000 for an Office Conference agreement nisms to track the disbursement of funds. of Inspector General. The conferees expect Child Survival/Maternal Where appropriate, the plans should in- the position of Inspector General to be filled Health ...... 360,000 clude significant support for the purchase of as expeditiously as possible. (The Vaccine Fund) ...... [70,000] commodities, including bednets and pharma- The conference agreement provides Vulnerable Children ...... 30,000 ceutical products. In accordance with these $100,000,000 for the subsidy appropriation. Family Planning/Repro- strategies, USAID’s malaria programming The conferees expect that there will be no re- ductive Health ...... 375,000 should be provided for activities that maxi- duction in Export-Import Bank activity lev- HIV/AIDS ...... 350,000 mize the effectiveness of United States as- els due to the extraordinarily high level of Microbicides ...... [40,000] sistance dollars in mitigating the effects of carryover balances in fiscal year 2006, which IAVI ...... [29,000] malaria. totals approximately $320,000,000. Other Infectious Diseases .. 220,000 Section 598 also requires USAID to submit The conference agreement provides TB ...... [80,000] quarterly reports delineating expenditures to $73,200,000 for administrative expenses. Malaria ...... [100,000] fight malaria. These reports should include The conferees agree the Export-Import Surveillance/OID ...... [25,000] indicators for USAID’s programming, Bank should act promptly on all requests for Neglected Diseases ...... [15,000] progress toward those indicators, and how

VerDate Aug 31 2005 05:50 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.070 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9521 USAID programming fits within country- projects, of which not less than $50,000,000 ing ‘‘Birds of Prey’’ supports the Peregrine level malaria strategic plans. should be available for drinking water Fund’s work in the International Raptor NEGLECTED DISEASES projects in Africa. The conference agreement Center, to be matched by private contribu- The conferees are aware that certain ne- includes language similar to that proposed tions. glected diseases cause debilitating illness by the Senate, recommending $20,000,000 for INTERNATIONAL DISASTER AND FAMINE and disfigurement among hundreds of mil- clean water treatment activities in devel- ASSISTANCE oping countries. lions of people in mostly tropical countries, The conference agreement provides The conferees support the fertilizer-related and that medicines exist to either prevent or $365,000,000 for ‘‘International Disaster and research and development work being con- cure most of these diseases. In section 593, Famine Assistance’’. The conferees take note ducted by the International Fertilizer Devel- the conference agreement includes a provi- of the tragic earthquake in Pakistan and are opment Center (IFDC) and urge USAID to sion similar to a Senate amendment which aware that additional funds, including the make at least $4,000,000 available to IFDC, provides $15,000,000 for an integrated ap- reprogramming of funds contained in titles including not less than $2,300,000 for its core proach to the control of neglected diseases. II and III of this Act, may be needed to ad- grant, as provided under the Senate amend- The conferees direct USAID to consult dress the needs caused by this tragedy. broadly to ensure the most effective uses of ment. The House did not address this matter. The conference agreement provides TRANSITION INITIATIVES these funds and develop a multilateral mech- $20,000,000 for American Schools and Hos- anism to implement an integrated initiative The conference agreement provides pitals Abroad. The conferees request USAID to control these diseases, enhance coordina- $40,000,000 to support the transition to de- consider supporting the American Commu- tion and effectiveness and maximize donor mocracy of countries in crisis. nity School in Beirut. contributions. The Administrator of USAID DEVELOPMENT CREDIT AUTHORITY The conferees agree that not less than should consult with the Committees on Ap- $1,000,000 should be made available to the (INCLUDING TRANSFER OF FUNDS) propriations before a mechanism is chosen. United States Telecommunications Training The conference agreement provides Until such a mechanism is available, the Ad- Institute. $21,000,000 via transfer authority for micro ministrator should develop and implement The conferees support language proposed and small enterprise programs, urban pro- the program through existing bilateral and by the Senate regarding micronutrient for- grams and other credit programs. multilateral mechanisms. tification of donated American commodities. OPERATING EXPENSES OF THE UNITED STATES RESEARCH AND DEVELOPMENT The conferees expect USAID and the United AGENCY FOR INTERNATIONAL DEVELOPMENT The conferees note that USAID is devel- States Department of Agriculture to work The conference agreement provides oping a ‘‘Research and Development’’ strat- together to implement the 2001 Micro- $630,000,000 for USAID operating expenses. egy. In doing so for fiscal year 2006, USAID nutrient Compliance Review to ensure these shall program not less than $40,000,000 for commodities are safe for consumption. CAPITAL INVESTMENT FUND microbicides, including up to $3,000,000 for The conference agreement provides The conference agreement provides the International Partnership for $2,000,000 for reconstruction and development $70,000,000 for USAID’s Capital Investment Microbicides, and $29,000,000 for the Inter- projects in South Asia. The conferees direct Fund. The conference agreement makes national AIDS Vaccine Initiative. Additional that these funds be provided to the Doulos available $48,100,000 for USAID’s contribu- organizations and amounts are specified in Foundation. tion to the Capital Security Cost Sharing the House and Senate reports. The conferees agree that $20,000,000 should program, an increase of nearly 150 percent AVIAN INFLUENZA be made available for the Election and Polit- above last year’s contribution. The remain- ical Processes Program of USAID’s Office of der of the funding in this account is to be The conferees believe that strengthening Democracy and Governance, of which used for USAID’s information technology re- international surveillance, reporting, and re- $18,000,000 should be made available for de- quirements so that the Agency will be able sponse capacity is the foundation of pre- mocracy programs. The conferees note that to process timely and accurate information venting and responding to an outbreak of the level of funding contained in the budget in a secure manner. avian influenza in the United States. Con- request may be insufficient for effective pro- The conferees note that USAID plans to gress provided $25,000,000 in Public Law 109– motion of democracy abroad, and urge in- open a new mission in southern Sudan. To 13 for the first step of the multi-year effort creased funding in fiscal year 2007. The con- the degree that other United States Govern- necessary to address the threat posed by an ferees request USAID to consult with the ment agencies avail themselves of these fa- avian influenza pandemic, and the conferees Committees on how it can better coordinate cilities, the conferees note that USAID expect the Administration to submit re- its democracy and governance programs be- should charge a fair and reasonable rental quests for further funds for this priority in tween Washington and the field, and between assessment. future appropriations Acts. USAID and the State Department. Other Bilateral Economic Assistance DEVELOPMENT ASSISTANCE The conferees note with concern the reduc- ECONOMIC SUPPORT FUND The conference agreement provides tions made in the fiscal year 2006 budget re- $1,524,000,000 for ‘‘Development Assistance’’. quest for a number of African countries. The (INCLUDING TRANSFER OF FUNDS) The conference agreement includes conference agreement contains funding lev- The conference agreement provides $214,000,000 for trade capacity building under els for both the ‘‘Child Survival and Health $2,634,000,000 for the ‘‘Economic Support this heading, of which at least $20,000,000 Programs Fund’’ and ‘‘Development Assist- Fund’’ (ESF), instead of $2,558,525,000 as pro- shall be made available for labor and envi- ance’’ that significantly exceed the amounts posed by the House and $3,031,375,000 as pro- ronmental capacity building related to the requested. The conferees therefore expect posed by the Senate. free trade agreement with the countries of USAID to restore cuts in African country al- Funds in this account are allocated in the Central America and the Dominican Repub- locations to their fiscal year 2005 levels, con- following table and, as stipulated in section lic. Trade capacity building is further ad- sistent with proper programmatic consider- 596, any change to these allocations is sub- dressed in section 570 of the general provi- ations. ject to the regular reprogramming proce- sions. The conferees endorse the list of university dures of the Committees on Appropriations. The conference agreement provides proposals in the Senate and House reports. ECONOMIC SUPPORT FUND $365,000,000 for basic education, including In addition, the conferees recommend con- [Budget authority in thousands of dollars] adult literacy programs, under this heading. sideration of proposals by: The conference agreement addresses this —the University of South Alabama in part- Conference agreement matter further in section 567 of the general nership with the National Birth Defects Cen- Africa: provisions. ter of the Centers for Disease Control and Ethiopia ...... 10,000 The conferees provide $15,000,000 for a pro- Prevention; Sierra Leone (Special gram in Africa regarding school fees. This —Historically Black Colleges and Univer- Court) ...... 13,000 program is in addition to last year’s provi- sities in Mississippi to strengthen civil soci- Sudan ...... 20,000 sion of a similar amount. ety in Latin America and the Caribbean; and Zimbabwe ...... 3,000 The conference agreement provides —a Consortium of Management Schools to Kimberley Process ...... 2,500 $15,000,000 for programs to improve women’s link management schools in developing Other Africa ...... 88,000 leadership capacity in recipient countries. countries with faculty from leading United The conferees recommend $11,500,000 for States management schools. Subtotal—Africa ...... 136,500 USAID’s Office of Women in Development, In order to eliminate a discrepancy be- and note that the additional $500,000 above tween the Senate and House reports, the con- East Asia and the Pacific: the level recommended in the Senate report ferees direct that the first report requested Burma ...... 11,000 should enable the office to begin conducting from USAID on the status of university fund- Cambodia ...... 15,000 gender assessments in select country mis- ing proposals be submitted no later than East Timor ...... 19,000 sions. June 1, 2006 and the second report submitted Indonesia ...... 70,000 The conference agreement provides no later than September 1, 2006. Mongolia ...... 7,500 $200,000,000 of the aggregated amounts in the The conferees clarify that funding con- Philippines ...... 25,000 Act for drinking water supply and related tained in the Senate report under the head- Tibet ...... 4,000

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0655 E:\CR\FM\A02NO7.073 H02NOPT1 H9522 CONGRESSIONAL RECORD — HOUSE November 2, 2005 Conference agreement at the expense of project assistance, and that the authoritarianism of the Mugabe regime Thailand ...... 1,000 the budget request for cash transfer and and the impact of its misrule on the people Vietnam ...... 2,000 commodity import program assistance each of Zimbabwe and the region, particularly Environmental programs 2,000 continue at a $200,000,000 funding level. The with respect to the spread of HIV/AIDS. South Pacific Fisheries .. 18,000 conferees are concerned that reduced overall The conferees support efforts to revitalize Other Asia ...... 9,000 ESF levels not erode further the amount of the peace process in Uganda, and expect project assistance provided to Egypt. funding in this Act to be made available for Subtotal—East Asia Therefore, the conference agreement in- humanitarian, psycho-social, and develop- and the Pacific ...... 183,500 cludes a minimum of $135,000,000 of project ment needs for displaced and war-affected assistance taking into consideration the in- persons. The conferees urge the Government Europe and Eurasia: creased levels of assistance for democracy, of Uganda to accept the presence of inter- Cyprus ...... 20,000 governance and education programs. Within national human rights monitors in northern Irish Visa Program ...... 3,500 the amount provided for project assistance, and eastern Uganda. not less than $50,000,000 shall be made avail- Other Europe and Eur- EAST ASIA AND THE PACIFIC asia ...... 2,000 able for democracy, governance and human rights programs and not less than $50,000,000 The conference agreement includes lan- Subtotal—Europe shall be used for education programs, includ- guage, similar to that proposed by the Sen- and Eurasia ...... 25,500 ing $5,000,000 that shall be made available for ate, which recommends targeted assistance scholarships for disadvantaged Egyptian stu- for Cambodia, including $15,000,000 for the dents. The conferees support the work of the promotion of democracy, human rights, and Near East: the rule of law. The conferees agree with the Egypt ...... 495,000 Leadership for Education and Development program implemented by USAID in Egypt as Senate position with respect to Cambodia, Iraq ...... 61,000 and condemn the continued suppression of (Marla Ruzicka Iraqi it attracts students from rural areas of Egypt to attend the American University in free speech and intimidation of political ac- War Victims Fund) ... [5,000] tivists and opposition parties by the Govern- (IRI) ...... [28,000] Cairo. In order to support the appropriations ment of Cambodia. (NDI) ...... [28,000] process in subsequent years, the conferees The conferees note that democracy re- Israel ...... 240,000 request the State Department submit a remains fragile in Timor-Leste. The UNOTIL is Jordan ...... 250,000 port to the Committees on Appropriations, scheduled to end in May 2006 and some essen- Lebanon ...... 40,000 as part of the fiscal year 2007 budget request, tial government functions remain dependent Middle East Partnership which describes the overall assistance objec- on international assistance. The conference Initiative ...... 110,000 tives for the ESF program in Egypt. The re- agreement includes language directing not Middle East Regional Co- port should address how project and non- less than $19,000,000 in ESF assistance for operation ...... 5,000 project assistance attempts to achieve those Timor-Leste, and $1,500,000 in INCLE assist- West Bank/Gaza ...... 150,000 objectives, the extent to which such objec- ance for on-the-ground training of police. (USAID Administrative tives are being achieved, the rationale for The conferees agree to provide $25,000,000 Expenses) ...... [2,000] the continued decline in project assistance, for assistance for the Philippines, an in- Other Near East ...... 15,600 and to what extent the State Department crease of $5,000,000 above the budget request. Subtotal—Near East 1,366,600 and USAID believe this trend will continue. NEAR EAST In addition, the conferees request that the The conferees agree to provide $110,000,000 report address the balance between economic for the Middle East Partnership Initiative South Asia: and military assistance provided to Egypt, and direct that up to $9,000,000 be made Afghanistan ...... 430,000 including whether maintaining the current available for scholarship programs for stu- Pakistan ...... 300,000 level of military assistance in relation to dents from countries with significant Mus- Nepal ...... 5,000 economic assistance is most appropriate in lim populations at not-for-profit American Other South Asia ...... 15,000 light of political and economic conditions in institutions of basic and higher education in Egypt and in the region. the Middle East that are accredited by an ac- Subtotal—South Asia 750,000 The conferees agree with the House pro- crediting agency recognized by the United posal that not less than 50 percent of the States Secretary of Education and are not Western Hemisphere: funds for democracy, governance and human controlled by the government of the country Haiti ...... 50,000 rights be provided through non-govern- in which they are located, including the Guatemala ...... 4,000 mental organizations for the purpose of American University of Beirut, the Amer- (programs to combat strengthening Egyptian civil society organi- ican University in Cairo, and the Lebanese organized crime) ...... 1,500 zations, enhancing their participation in the American University. The conferees note Mexico ...... 11,500 political process and their ability to promote that funding provided to American edu- Nicaragua ...... 1,900 and monitor human rights. Of the funds pro- cational institutions in Lebanon may be (elections, media, civil vided for education, the conferees rec- used for scholarships to support students society and anti-cor- ommend that not less than 50 percent be from any country within the Middle East. ruption programs) .... 1,500 used to improve access to basic education. The conference agreement includes Labor and Environment The remainder of funds provided for edu- $56,000,000 for democracy, governance and in Central America ...... 20,000 cation shall be used to strengthen institu- rule of law programs in Iraq, which is similar Other Western Hemi- tions of higher education, promote academic to a provision proposed by the Senate. The sphere ...... 26,000 freedom, fund educational and cultural exchange programs, and provide educational conferees direct that of these funds, Subtotal—Western scholarships including for the American Uni- $28,000,000 be made available to the Inter- Hemisphere ...... 116,400 versity in Cairo. The conferees request national Republican Institute and $28,000,000 USAID to consult with the Committees on to the National Democratic Institute. The conferees recognize the important pro- Global: Appropriations regarding the use of democracy funds for Egypt. grams of organizations, such as Interns for Disability Fund ...... 4,000 Peace, regarding peacemaking and economic Wheelchairs ...... 5,000 The conference agreement does not include language, proposed by the Senate, condi- empowerment of Palestinian youth, and rec- Reconciliation Programs 15,000 ommend sufficient funding be made available Security and Sustain- tioning ESF assistance on the installation of an FM transmitter in Media City for Radio to support these activities from assistance ability Programs ...... 3,000 provided for the West Bank and Gaza. UNHCHR Nepal ...... 2,500 SAWA. The conferees expect the State De- Trafficking in Persons .... 12,000 partment to continue to make this matter a OTHER Extractive Industries priority in Egypt-United States relations. The conferees recommend $5,000,000 to con- Transparency ...... 1,000 AFRICA tinue support for the provision of wheel- House Democracy Assist- The conferees agree to provide $10,000,000 chairs for needy persons in developing coun- ance Program ...... 1,000 for political reform programs in Ethiopia tries, instead of $10,000,000 as proposed by the Other Global ...... 12,000 and direct the State Department to consult Senate. with the Committees on Appropriations on The conference agreement does not include Subtotal—Global ...... 55,500 the uses of these funds. language proposed by the Senate regarding The conferees agree to provide $4,000,000 for English language training programs in Total ...... 2,634,000 assistance for Zimbabwe for activities con- Francophone countries. The conferees direct sistent with the Zimbabwe Democracy and that funds made available under the heading EGYPT Economic Recovery Act of 2001 (Public Law ‘‘Economic Support Fund’’ be made available The conferees note that the reduction in 107–99). The conferees remain concerned with for such purposes. the overall ESF request for Egypt has come

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.076 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9523

EXTRACTIVE INDUSTRIES TRANSPARENCY Conference agreement Conference agreement INITIATIVE Bosnia-Herzegovina ...... 40,000 Russia ...... 80,000 The conference agreement does not include Bulgaria ...... 20,000 Russian Far East ...... [17,500] a provision proposed by the Senate to pro- Croatia ...... 15,000 Northern Caucasus ...... [5,000] vide a United States contribution to the Ex- Kosovo ...... 75,000 Tajikistan ...... 24,000 Turkmenistan ...... 5,000 tractive Industries Transparency Initiative Macedonia ...... 35,000 Ukraine ...... 84,000 Trust Fund (EITI), which is managed by the Romania ...... 20,000 Serbia ...... 70,000 Uzbekistan ...... 20,000 World Bank. The House did not address this Regional Programs ...... 43,000 matter. However, the conferees support this Montenegro ...... 15,000 Regional Programs ...... 43,000 initiative which aims to improve the capac- Total ...... 514,000 ity of developing countries to sustainably HUMANITARIAN PROGRAMS manage the extraction of natural resources Total ...... 361,000 and to monitor revenues generated from SERBIA The conferees are concerned that internal armed conflicts in the Northern Caucasus such extraction so they are used for purposes The conference agreement includes lan- have caused great suffering and resulted in which benefit their people. The conferees guage in section 563 similar to that proposed enormous humanitarian and development provide $1,000,000 in ESF assistance to be ad- by the Senate conditioning assistance to the needs for the people of Chechnya, Ingushetia, ministered by USAID to support EITI imple- central government of Serbia on a deter- North Ossetia-Alania, and Dagestan. The mentation and to strengthen the role and ca- mination by the President that the Govern- conference agreement includes not less than pacity of civil society organizations in the ment of Serbia and Montenegro is cooper- $5,000,000 for improvements in basic services, EITI process. ating with the International Criminal Tri- community reconstruction and recovery, PAKISTAN bunal for the former Yugoslavia. economic development with an emphasis on The conference agreement does not include The conferees recognize that Serbia’s job creation, the promotion of good govern- language proposed by the Senate which con- democratic transition remains fragile, and ance, human rights, free media, and support ditioned ESF assistance to the central gov- directs the State Department to give pri- for civil society organizations. The above- ernment of Pakistan on submission of a re- ority from funds appropriated for assistance mentioned republics should receive priority port describing steps the government has for Serbia to programs and activities that consideration for this assistance. These taken to protect the rights and safety of strengthen democratic political parties, par- funds should be disbursed through a trans- Pakistan’s human rights lawyers and jour- liament and civil society. nalists. The conferees are concerned with re- parent, competitive process. KOSOVO ports of harassment and violence perpetrated The conferees agree that at least $3,000,000 by Pakistani security forces against lawyers The conferees recommend that support be of the funds allocated for regional programs who represent political dissidents and jour- considered for the American University in should be provided to address ongoing hu- nalists who report on government corruption Kosovo. manitarian needs in Nagorno-Karabagh. and other abuses. The conferees direct the TRAINING AND DEVELOPMENT The conferees recommend that the State Department consider a proposal for a Central Secretary of State to provide the report re- The conference agreement does not include Diagnostic Laboratory in the Caucasus, to be quired by the Senate provision no later than language, proposed by the Senate, which rec- 120 days after enactment of this Act. located in Armenia. ommends $3,500,000 for leadership develop- The conferees recommend USAID give con- FOUNDATION FOR SECURITY AND ment programs for women and youth. The SUSTAINABILITY sideration to the programs of the conferees expect the State Department to Vishnevskaya-Rostropovich Foundation, The conferees agree to provide $3,000,000 for make these funds available for such pur- which conducts health programs for children the Foundation for Security and Sustain- poses. ability, as proposed by the Senate. that emphasize disease prevention in the The conference agreement provides Russian Federation. CENTRAL HIGHLANDS OF VIETNAM $5,000,000 for the training of judges and pros- TRAFFICKING IN PERSONS The conferees agree to provide $2,000,000 for ecutors, as proposed by the Senate. The con- programs to address the needs of affected ferees request the State Department to con- The conferees include not less than communities and individuals in the Central sult with the Committees on Appropriations $4,000,000 for programs to fight trafficking in Highlands of Vietnam. The conferees expect on the use of these funds. The conferees note persons. The conferees intend that this fund- up to $1,000,000 will be provided to the the American Bar Association’s rule of law ing be used to protect victims of trafficking, Montagnard Development Project. programs and support implementing them prevent new instances of trafficking, and ECONOMIC DEVELOPMENT PROGRAMS— through cooperative agreements. support the prosecution of traffickers. INDONESIAN UNIVERSITIES The conferees recommend funding for the NUCLEAR SAFETY The conference agreement does not include Russian, Eurasian, and East European Re- The conference agreement recommends a proposal by the Senate that $2,000,000 be search and Training Program (Title VIII) at that of the funds made available for assist- made available for economic development the fiscal year 2005 level. The conferees also ance for Ukraine, $5,000,000 should be made programs conducted by Indonesian univer- encourage the use of Title VIII funds to in- available for nuclear reactor safety initia- sities. However, the conferees expect funding clude comparative research and language tives, similar to that proposed by the Sen- to be provided for this purpose. training concerning Eurasian countries crit- ate. The conferees expect that of this UNITED NATIONS HIGH COMMISSIONER FOR ical in the war on terrorism. amount, $3,000,000 should be provided for HUMAN RIGHTS IN NEPAL The conferees continue to support the East simulator-related projects. Central European Scholarship Program The conferees agree to provide a total of TRAINING AND DEVELOPMENT (ECESP) and expect that USAID will con- not less than $7,500,000 in ESF assistance for tinue to fund ECESP in Albania and Mac- The conference agreement provides Nepal, including $2,500,000 for a United $2,500,000, as proposed by the Senate, for the States contribution to the Office of the UN edonia through an extension of the current ECESP cooperative agreement. Business Information Service for the Newly High Commissioner for Human Rights in Independent States (BISNIS). The conferees Nepal. ASSISTANCE FOR THE INDEPENDENT STATES OF support BISNIS’s efforts to establish a self- INTERNATIONAL FUND FOR IRELAND THE FORMER SOVIET UNION sustaining program under the Department of The conference agreement provides The conference agreement provides Commerce and will reconsider this matter in $13,500,000 as proposed by the House instead $514,000,000 instead of $477,000,000 as proposed fiscal year 2007. of no appropriation as proposed by the Sen- by the House and $565,000,000 as proposed by The conferees recognize the important ate. the Senate. work of the Eurasia Foundation in pro- ASSISTANCE FOR EASTERN EUROPE AND THE Funds in this account are allocated in the moting civil society and private enterprise BALTIC STATES following table and, as stipulated in section in the successor countries of the former So- 596, any change to these allocations is sub- The conference agreement provides viet Union and encourage USAID and the ject to the regular reprogramming proce- $361,000,000 instead of $357,000,000 as proposed State Department to support the Founda- dures of the Committees on Appropriations: by the House and $395,000,000 as proposed by tion’s efforts to launch and build indigenous the Senate. ASSISTANCE FOR THE INDEPENDENT STATES OF foundations throughout the region to con- Funds in this account are allocated in the THE FORMER SOVIET UNION tinue this work. The conferees note the Eur- following table and, as stipulated in section [Budget authority in thousands of dollars] asia Foundation’s commitment to seek sus- 596, any change to these allocations is sub- tainable funding for such indigenous organi- Conference agreement zations through private sector and regional ject to the regular reprogramming proce- Armenia ...... 75,000 dures of the Committees on Appropriations: donors. Azerbaijan ...... 35,000 ASSISTANCE FOR EASTERN EUROPE AND THE Belarus ...... 12,000 Independent Agencies BALTIC STATES Georgia ...... 67,000 INTER-AMERICAN FOUNDATION [Budget authority in thousands of dollars] Kazakhstan ...... 25,000 The conference agreement provides Conference agreement Kyrgyz Republic ...... 25,000 $19,500,000 as proposed by the House instead Albania ...... 28,000 Moldova ...... 19,000 of $20,000,000 as proposed by the Senate.

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.078 H02NOPT1 H9524 CONGRESSIONAL RECORD — HOUSE November 2, 2005

AFRICAN DEVELOPMENT FOUNDATION 596, any change to these allocations is sub- Conference agreement The conference agreement provides ject to the regular reprogramming proce- China/Hong Kong/Taiwan ...... 20,000 $23,000,000 instead of $20,500,000 as proposed dures of the Committees on Appropriations: Muslim Countries outside Mid- by the House and $25,000,000 as proposed by GLOBAL HIV/AIDS INITIATIVE dle East ...... 12,000 the Senate. [Budget authority in thousands of dollars] Forensic assistance in Central and South America ...... 3,000 PEACE CORPS Conference agreement Reagan/Fascell Democracy Fel- (INCLUDING TRANSFER OF FUNDS) Focus Countries ...... 1,232,000 Central programs ...... 393,000 lows program ...... 1,200 The conference agreement provides Global Fund ...... 200,000 $322,000,000, instead of $325,000,000 as proposed Central Technical Support and Subtotal, Human Rights and by the House and $320,000,000 as proposed by Management ...... 59,000 Democracy Fund ...... 63,200 the Senate. (Administrative Expenses) ...... [12,000] National Endowment for Democ- SUPPORT FOR COUNSEL Non-focus countries ...... 50,000 racy: The conferees are aware that under certain Strategic Information/Evaluation 31,000 China/Hong Kong/Taiwan ...... 3,000 circumstances jurisdictions overseas require UNAIDS ...... 30,000 Muslim Countries outside Mid- dle East ...... 3,000 the victim of a crime to participate in the Total ...... 1,995,000 prosecution of the crime. The conferees be- Africa ...... 2,000 ACCOUNT STRUCTURE lieve that the language of section 5(l) of the Tibet ...... 250 Peace Corps Act could support the use of The conferees note that all funding for the Venezuela ...... 2,000 funds appropriated to the Peace Corps to en- 15 Global HIV/AIDS Initiative ‘‘focus’’ coun- Russia ...... 4,000 tries is appropriated in this account. The able the Peace Corps to employ local counsel North Korea ...... 1,000 conferees strongly encourage the Office of for volunteers in proceedings where they are the Global AIDS Coordinator to continue its parties or complaining witnesses. The con- Subtotal, National Endow- policy of providing additional funding to ferees urge the Peace Corps to work with the ment for Democracy ...... 15,250 ‘‘non-focus’’ countries and have included committees of substantive jurisdiction to Other: $50,000,000 for ‘‘non-focus’’ countries in this Thailand ...... 2,000 seek additional clarity on this issue in the account. Peace Corps Act. UN Democracy Fund ...... 8,000 HIV AND NUTRITION AVIAN INFLUENZA Iran and Syria ...... 6,550 The conferees urge the Office of the Global The conferees expect the Peace Corps to AIDS Coordinator to develop and implement Subtotal, Other ...... 16,550 use funding appropriated under this heading a strategy, in coordination with groups re- for expenses relating to avian influenza. sponsible for issues of nutrition, such as Total ...... 95,000 MILLENNIUM CHALLENGE CORPORATION USAID, the Department of Agriculture, the World Food Program, and the Food and Agri- The conference agreement does not include The conference agreement provides language proposed by the Senate that caps $1,770,000,000 for the Millennium Challenge culture Organization, to address the nutritional requirements of those on USAID contracts for democracy programs at Corporation (MCC) instead of $1,750,000,000 as $250,000,000. The conference agreement in- proposed by the House and $1,800,000,000 as antiretroviral therapy. The conferees ask the Office of the Global AIDS Coordinator, in cludes a provision requiring USAID to notify proposed by the Senate. the Committees on Appropriations of democ- The conference agreement makes available collaboration with USAID, to consult with racy, governance, human rights and rule of up to $75,000,000 for administrative expenses and report to the Committees on Appropria- law contracts, grants and cooperative agree- as proposed by the House, instead of tions not later than 180 days after the enact- ments (and any amendments to the same) ex- $70,000,000 as proposed by the Senate. Addi- ment of this Act on the following for the ceeding $10,000,000. The conferees include lan- tionally, the conferees include language pro- Global HIV/AIDS Initiative ‘‘focus’’ coun- guage similar to that proposed by the Senate posed by the Senate, and similar to that pro- tries: (a) The number of Global HIV/AIDS Initia- to provide that funds in the Act that are posed by the House, providing up to 10 per- tive beneficiaries on antiretroviral therapy; made available to the National Endowment cent of funds for threshold country assist- (b) The impact of food and nutrition on for Democracy (NED) may be made available ance. care and treatment; and notwithstanding any other provision of law The conference agreement includes a num- (c) A strategy to address the nutritional or regulation. ber of provisions proposed by both the House requirements of persons receiving care and The conference agreement recommends and Senate requesting a report on the treatment. $6,550,000 for programs that support the ad- threshold country program, extending sec- TECHNICAL AND PROGRAMMATIC SUPPORT vancement of democracy in Iran and Syria, tion 605(e)(4) of the Millennium Challenge The conferees urge USAID and the Office of and language permitting other funds in this Act of 2003, and requiring that the MCC fully the Global AIDS Coordinator to improve co- Act to be used for similar purposes. The con- fund multi-year compacts for fiscal year ordination for programs to fight HIV and TB, ferees expect that not less than a total of 2006. including through increased funding to orga- The conferees understand that strong par- $10,000,000 from funds in this account as well nizations such as the World Health Organiza- ticipation from indigenous civil society or- as funds provided for the Middle East Part- tion which can provide technical support to ganizations is critical to increasing public nership Initiative be made available for pro- countries. support for and ensuring that the MCC suc- grams to support democracy in Iran, includ- The conferees continue to support the ing through educational, humanitarian and cessfully meets its intended goals of eco- country planning process and recommend nomic growth and poverty reduction. Such nongovernmental organizations and individ- that the Office of the Global AIDS Coordi- uals inside Iran. The conferees encourage the participation would also strengthen the nas- nator consider support for organizations, cent democratic processes in eligible coun- State Department to consider a range of pro- such as Dream for Africa, which develop civil posals for democracy promotion in Iran, in- tries, contribute to the MCC criteria of good society and local health outreach. governance, and provide opportunities for cluding activities utilizing the media. DEMOCRACY FUND discussion of how best to achieve national The conferees support additional assist- The conference agreement includes a new priorities of economic growth and poverty ance for democracy programs in the Demo- appropriations account, similar to that pro- reduction. cratic Republic of the Congo from funds posed by the Senate, which seeks to increase The conferees request that the Chief Exec- made available under this heading and else- the effectiveness and oversight of programs utive Officer of the MCC submit a report where in this Act. that promote democracy, governance, human that describes and assesses the record of na- In addition to funds for programs targeted rights, independent media, and the rule of tional governance structures to take into ac- toward Africa, Asia, and Muslim countries law globally. The conferees note that this ac- outside the Middle East, the conferees in- count indigenous civil society input within count also incorporates provisions contained countries that have completed compact ne- clude for the National Endowment of Democ- in sections 6026 and 6034 of the Senate bill, racy: $250,000 for democracy and human gotiations. The report should be submitted and section 534 of the House bill. to the relevant committees of jurisdiction rights programs relating to Tibet; $2,000,000 The conferees recommend $95,000,000 for for the promotion of democracy in Ven- identified in the MCC authorization no later specific democracy programs and activities, than March 31, 2006. ezuela; $4,000,000 for political party develop- as contained in the following table, and up to ment programs in Russia; and $1,000,000 for Department of State $1,448,200,000 for democracy, human rights, programs that promote democratization in and rule of law activities under title II of GLOBAL HIV/AIDS INITIATIVE North Korea, including human rights and the this Act, as contained in the budget request: The conference agreement provides free flow of information. $1,995,000,000 for ‘‘Global HIV/AIDS Initia- DEMOCRACY FUND The conferees provide $8,000,000 for a tive’’ instead of $1,920,000,000 as proposed by [Budget authority in thousands of dollars] United Nations Democracy Fund. The con- the House and $2,020,000,000 as proposed by Conference agreement ferees request the State Department to re- the Senate. Human Rights and Democracy port to the Committees on Appropriations on Funds in this account are allocated in the Fund: how this fund will complement ongoing following table and, as stipulated in section Global Programs ...... 27,000 United States democracy building efforts.

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.081 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9525

INTERNATIONAL NARCOTICS CONTROL AND LAW ANDEAN COUNTERDRUG INITIATIVE ANDEAN COUNTERDRUG INITIATIVE ENFORCEMENT The conference agreement provides [Budget authority in thousands of dollars] The conference agreement provides $734,500,000 for the ‘‘Andean Counterdrug Ini- Conference agreement $477,200,000 for International Narcotics Con- tiative’’ as proposed by the House and the Bolivia: trol and Law Enforcement (INCLE), instead Senate. Funds are made available until Sep- Interdiction/Eradication ...... 43,000 of $442,400,000 as proposed by the House and tember 30, 2008 as proposed by the House in- Alternative Development/Insti- $523,874,000 as proposed by the Senate. Funds stead of September 30, 2007 as proposed by tution Building ...... 37,000 are made available until September 30, 2008 the Senate. The conferees emphasize that Colombia: as proposed by the House instead of Sep- there are other funds for Andean nations in Interdiction/Eradication ...... 310,850 tember 30, 2007 as proposed by the Senate. this Act. USAID Alternative Develop- The conference agreement provides The conference agreement provides that ment/Institution Building ..... 131,232 $10,000,000 for assistance for demand reduc- not less than $228,772,000 shall be directly ap- Rule of Law ...... 27,393 tion programs, similar to the House bill. The portioned to USAID, including $131,232,000 Ecuador: Senate did not address this matter. for Colombia. Interdiction/Eradication ...... 8,460 The conference agreement provides Alternative Development/Insti- The conference agreement includes a pro- $16,000,000 for the International Law Enforce- tution Building ...... 11,540 vision similar to the Senate amendment that ment Training Academies (ILEA) as pro- Peru: recommends that not less than $2,000,000 posed by the Senate. The House did not ad- Interdiction/Eradication ...... 59,000 dress this issue. should be made available to protect biodiver- Alternative Development/Insti- The conference agreement does not include sity and indigenous reserves in Colombia. tution Building ...... 49,000 a Senate provision making $10,000,000 in The House did not address this matter. The Panama ...... 4,500 INCLE funds available for law enforcement conferees intend these funds to be used for Brazil ...... 6,000 programs to combat violent gangs in Guate- continued assistance for the Colombian Na- Venezuela ...... 2,252 mala, Honduras and El Salvador. The House tional Park Service and to support activities Air Bridge Denial ...... 14,000 bill did not address this issue. However, the of nongovernmental organizations. Critical Flight Safety ...... 30,000 conferees are alarmed by the growing violent The conference agreement includes a pro- gang activity in these countries and urge the vision similar to that proposed by the Senate Total ...... 734,500 Secretary of State to increase funding for to provide $8,000,000 to USAID for organiza- MIGRATION AND REFUGEE ASSISTANCE these programs. tions and programs to protect human rights The conference agreement provides The conferees direct the State Department in Colombia. These funds are in addition to $791,000,000 for the Migration and Refugee to consult with the Committees on Appro- the $6,000,000 requested for judicial reform Assistance Account instead of $790,720,000 as priations concerning the use of funds avail- programs in Colombia in fiscal year 2006. proposed by the House and $900,000,000 as pro- able under this heading and specified as The conferees are aware that hundreds of posed by the Senate. ‘‘other programs’’ in the accompanying Colombian military personnel, mostly young ISRAEL table. The conferees expect that programs in recruits, have suffered grievous injuries from Iraq will be given the highest priority with landmines and other causes. Many require The conference agreement also includes either fiscal year 2006 INCLE funds or prior sophisticated medical treatment. Through Senate language providing not less than year unobligated funds. the efforts of ‘‘United for Colombia,’’ several $40,000,000 for refugees from the former So- The conferees agree with the concerns ex- United States hospitals are providing this viet Union and Eastern Europe and other ref- pressed in Senate report language regarding treatment free of charge but there are inci- ugees resettling in Israel. The House bill did the unwieldy structure of funding for INL dental costs such as transportation, lodging not address this matter. aviation programs. The conferees direct that and medicines. The conferees direct that of NORTH KOREA not less than 30 days prior to the obligation the funds available for the Colombian Armed The conference agreement does not include of funds available for ‘‘International Nar- Forces, $500,000 be made available to pay the language, as proposed by the Senate, regard- cotics and Law Enforcement’’ or ‘‘Andean incidental costs associated with the treating assistance for refugees from North Counterdrug Initiative’’ for the procurement ment and care of injured soldiers in the Korea. The conferees note that this matter of aircraft, the State Department shall pro- United States. The conferees also rec- remains a priority for the Committees on vide the Committees on Appropriations with ommend that additional Leahy War Victims Appropriations, and expect the State Depart- an Analysis of Alternatives. The analysis Fund assistance be made available for Co- ment to continue to consult with the Com- shall include, at a minimum: the require- lombian civilians who are disabled from mittees on Appropriations on how best to as- ment or mission need for the aircraft to be landmines and other causes resulting from sist these refugees. procured; planned funding for the subject ac- the conflict. CONFLICT MITIGATION quisition; cost of alternative aircraft; mis- The conference agreement again includes The conferees include a provision, similar sion capabilities to include range, lift and conditions, similar to current law and the to Senate language, recommending funding operational limitations; estimated mainte- same as the Senate amendment, on aerial for programs to mitigate conflict between nance costs and requirements; planned ac- spraying. The House bill did not address this refugees and hosting communities and to quisition strategy; and contract or avail- matter. provide technical assistance to local organi- ability limitations. The conference agreement includes a pro- zations for assistance to refugees, including The conference agreement makes available vision proposed by the Senate, which is cur- refugee registration and protection. $33,484,000 for administrative expenses as rent law, that requires that the Adminis- proposed by the House instead of $30,000,000 trator of USAID, in consultation with the UNITED STATES EMERGENCY REFUGEE AND as proposed by the Senate. Assistant Secretary of State for Inter- MIGRATION ASSISTANCE FUND Funds in this account are allocated in the national Narcotics and Law Enforcement Af- The conference agreement provides following table and, as stipulated in section fairs, shall have responsibility for the use of $30,000,000 for the United States Emergency 596, any change to these allocations is sub- funds under this heading that are directly Refugee and Migration Assistance Fund, as ject to the regular reprogramming proce- apportioned to USAID. The House did not ad- proposed by the House, instead of $40,000,000 dures of the Committees on Appropriations: dress this matter. as proposed by the Senate. INTERNATIONAL NARCOTICS CONTROL AND LAW The conference agreement makes available The conference agreement does not include ENFORCEMENT $19,015,000 from this account for administra- language proposed by the Senate that pro- [Budget authority, dollars in thousands] tive expenses of the State Department and vides the funds notwithstanding section Conference agreement $7,800,000 for administrative expenses of 2(c)(2) of the Migration and Refugee Assist- Indonesia ...... 5,000 USAID as proposed by the House instead of ance Act of 1962. Timor-Leste ...... 1,500 $16,000,000 for the State Department and NONPROLIFERATION, ANTI-TERRORISM, Philippines ...... 2,000 $7,000,000 for USAID as proposed by the Sen- DEMINING AND RELATED PROGRAMS Thailand ...... 1,000 ate. Afghanistan ...... 235,000 The conference agreement provides Pakistan ...... 38,000 The conferees urge the Administration to $410,100,000 for Nonproliferation, Anti-ter- Haiti ...... 15,000 include in its fiscal year 2007 budget request rorism, Demining and Related Programs, in- Jamaica ...... 1,000 amounts necessary for a maritime refueling stead of $400,350,000 as proposed by the House Mexico ...... 40,000 support vessel capable of refueling United and $445,100,000 as proposed by the Senate. Latin America Regional ...... 2,500 States and allied vessels engaged in drug The conference agreement provides that Anticorruption ...... 1,500 interdiction in the eastern Pacific transit certain funds appropriated under this head- Demand Reduction ...... 10,000 zone. ing may be made available notwithstanding Anticrime (includes intellectual Funds in this account are allocated in the any other provision of law, the same as cur- property protection) ...... 9,000 ILEAS ...... 16,000 following table and, as stipulated in section rent law and as proposed by the Senate. The Other countries and programs ..... 99,700 596, any change to these allocations is sub- House provided that these funds may be used ject to the regular reprogramming proce- notwithstanding any provision of law that Total ...... 477,200 dures of the Committees on Appropriations: restricts assistance to foreign countries.

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.084 H02NOPT1 H9526 CONGRESSIONAL RECORD — HOUSE November 2, 2005 The conferees support the use of facilities The conference agreement provides that baijan. In addition, the conferees support in New Mexico for instruction in Rural Bor- funds appropriated under this heading may IMET assistance levels of $750,000 for each der patrol operations and urge the State De- be made available notwithstanding any other country. partment to continue Anti-Terror Assistance provision of law, the same as current law and LEBANON Program training at these facilities. as proposed by the Senate. The House pro- The conferees agree to initiate FMF in The conferees recognize the strategic and vided that these funds may be made avail- Lebanon for $1,000,000. The conferees agree potential economic importance of the port of able notwithstanding any provision of law that this assistance should be used to ini- Riga, given Latvia’s status as a valued and that restricts assistance to foreign coun- tiate procurement of such non-lethal equip- trusted NATO ally. In addition to the report- tries. ment as radios and vehicles. ing requirements set forth in the Senate re- DEBT RESTRUCTURING port, the State Department shall also report PEACEKEEPING OPERATIONS The conference agreement provides to the Committees on Appropriations on any The conference agreement provides $65,000,000 for Debt Restructuring as pro- specific security and non-proliferation issues $175,000,000 for ‘‘Peacekeeping Operations’’, posed by the House, instead of $99,750,000 as and concerns needed to be addressed in the instead of $177,800,000 as proposed by the proposed by the Senate. The conference assessment. House and $195,800,000 as proposed by the Due to budget constraints, the conference agreement provides $20,000,000 for the Trop- Senate. ical Forest Conservation Act Programs as agreement does not include a provision pro- TITLE IV—MULTILATERAL ECONOMIC posed by the Senate to provide additional proposed by both the House and Senate. The conferees include a technical provision ASSISTANCE funds above the amount requested for a proposed by the Senate referencing limita- International Financial Institutions United States contribution to the Com- tions by the Agricultural Trade Development GLOBAL ENVIRONMENT FACILITY prehensive Nuclear Test Ban Treaty Pre- and Assistance Act of 1954. The House did not paratory Commission (CTBT). The House did The conference agreement provides address this matter. not address this matter. The conferees urge $80,000,000 for the Global Environment Facil- The conference agreement does not include the State Department to include sufficient ity (GEF) instead of no appropriation as pro- Senate language limiting the use of the funds for CTBT in the Administration’s fis- posed by the House and $107,500,000 as pro- United States contribution to the HIPC cal year 2007 budget request. posed by the Senate. The conference agreement does not include Trust Fund. The House did not address this The conferees recognize that the GEF $29,000,000 as requested for programs in Iraq, matter. adopted a new Resource Allocation Frame- including $16,000,000 as requested for humani- TITLE III—MILITARY ASSISTANCE work (RAF) in September, 2005. The RAF tarian demining programs in Iraq. The con- INTERNATIONAL MILITARY EDUCATION AND will link the allocation of GEF resources to ferees expect these programs to be funded TRAINING a country’s potential to generate global en- from prior year funds currently unobligated The conference agreement provides vironmental benefits as well as its perform- for Iraq. $86,744,000 for International Military Edu- ance, including transparency and good gov- Funds in this account are allocated in the cation and Training (IMET), as proposed by ernance. The purpose of performance-based following table and, as stipulated in section the House and the Senate. allocations in any institution is to maximize 596, any change to these allocations is sub- the beneficial impact of scarce resources. FOREIGN MILITARY FINANCING PROGRAM ject to the regular reprogramming proce- The conferees are pleased that the GEF dures of the Committees on Appropriations: The conference agreement provides Council established the performance-based $4,500,000,000 for the Foreign Military Fi- NONPROLIFERATION, ANTI-TERRORISM, allocation system, the centerpiece reform of nancing Program (FMF), instead of DEMINING AND RELATED PROGRAMS the GEF–3 replenishment agreement of 2002, $4,442,300,000 as proposed by the House and and the basis for budget requests to the Con- (Budget authority in thousands of dollars) $4,603,600,000 as proposed by the Senate. gress over the last four years. Due to con- Conference agreement The conferees agree with the House posi- straints of the budget allocation, the con- Nonproliferation and Disar- tion that $1,300,000,000 shall be made avail- ferees were unable to provide the full mament Fund ...... 37,500 able for grants only for Egypt and that amount for the GEF proposed by the Senate. Export Control and Border Secu- $210,000,000 as proposed by the Senate shall Additionally, the conferees are aware that rity assistance ...... 43,400 be made available for assistance for Jordan. the donor negotiations for the next GEF re- Nonproliferation of WMD Exper- Funds in this account are allocated in the plenishment, GEF–4, are currently under- tise ...... 52,600 following table and, as stipulated in section way. Therefore, the conferees direct the De- International Atomic Energy 596, any change to these allocations is sub- partment of the Treasury to consult with the Agency—Voluntary Contribu- ject to the regular reprogramming proce- Committees on Appropriations on a periodic tion ...... 50,000 dures of the Committees on Appropriations: basis during the fiscal year regarding the im- CTBT/International Monitoring plementation of the RAF and other reforms System ...... 14,350 FOREIGN MILITARY FINANCING PROGRAM Anti-terrorism Assistance ...... 123,500 [Budget authority in thousands of dollars] adopted by the GEF for the remaining GEF– 3 funding as well as for new funding being Counterterrorism financing ...... 7,500 Conference agreement proposed under the GEF–4 replenishment. Terrorist Interdiction Program ... 5,500 Israel ...... 2,280,000 CT Engagement with Allies ...... 1,000 Jordan ...... 210,000 CONTRIBUTION TO THE INTERNATIONAL Humanitarian Demining ...... 56,000 Egypt ...... 1,300,000 DEVELOPMENT ASSOCIATION International Trust Fund for Armenia ...... 5,000 The conference agreement provides Demining ...... 10,000 Azerbaijan ...... 5,000 $950,000,000 for the International Develop- Small Arms/Light Weapons De- Pakistan ...... 300,000 ment Association (IDA), the concessional struction ...... 8,750 Turkey ...... 15,000 lending facility of the World Bank, as pro- Uzbekistan ...... 0 Total ...... 410,100 posed by the House instead of $900,000,000 as Estonia ...... 5,000 proposed by the Senate. CONFLICT RESPONSE FUND Latvia ...... 6,000 The conferees believe that the IDA could The conference agreement does not include Lithuania ...... 5,000 be an appropriate source of funds to help eli- funding for the Conflict Response Fund. The Guatemala ...... 0 gible countries prepare for and combat a po- conferees request the State Department, Operation Enduring Friendship ... 4,000 tential avian influenza epidemic. There ex- prior to the submission of the fiscal year 2007 Administrative Expenses ...... 41,000 ists significant need in Asia for programs to budget request, to provide the Committees Mongolia ...... 3,000 increase surveillance capacity, compensate Georgia ...... 12,000 on Appropriations with a comprehensive, dis- small-scale farmers for timely reports of bird Lebanon ...... 1,000 ciplined and coherent strategy detailing how die-offs, modernize animal husbandry prac- Poland ...... 30,000 the Office of the Coordinator for Reconstruc- tices, and upgrade infectious disease infra- Indonesia ...... 1,000 tion and Stabilization will coordinate United structure. The conferees urge the United States Government-wide efforts to respond Philippines ...... 20,000 Thailand ...... 1,500 States Executive Director to the World Bank to international post-conflict contingencies. Tunisia ...... 10,000 to use the voice and vote of the United Department of the Treasury Tonga ...... 250 States to increase support for this global pri- INTERNATIONAL AFFAIRS TECHNICAL Bangladesh ...... 1,000 ority, and direct the Secretary of the Treas- ASSISTANCE Sri Lanka ...... 1,000 ury to report not later than 90 days after en- The conference agreement provides Cambodia ...... 1,000 actment of this Act on the World Bank’s $20,000,000 for the International Affairs Tech- Fiji ...... 500 plans to do so. The conferees urge govern- nical Assistance program of the Department Other ...... 241,750 ments in that region to make combating of the Treasury as proposed by the House and avian influenza a top priority. Total ...... 4,500,000 the Senate. Funds for this account are made CONTRIBUTION TO THE MULTILATERAL available until September 30, 2008, instead of ARMENIA AND AZERBAIJAN INVESTMENT GUARANTEE AGENCY 2009 as proposed by the House and 2007 as The conferees agree to include $5,000,000 for The conference agreement provides proposed by the Senate. each of the countries of Armenia and Azer- $1,300,000 for the Multilateral Investment

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.086 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9527

Guarantee Agency, as proposed by the Sen- UNITED NATIONS DEVELOPMENT PROGRAM Sec. 515. Notification Requirements ate, instead of $1,741,515 as proposed by the The conferees encourage the United Na- The conference agreement includes a pro- House. tions Development Program (UNDP) to revision similar to that proposed by both the CONTRIBUTION TO THE INTER-AMERICAN main vigilant over the politicization of its House and Senate (section 6015), with modi- DEVELOPMENT BANK funding for propaganda purposes, particu- fications, which requires the application of INTER-AMERICAN INVESTMENT CORPORATION larly by the Palestinian Authority in the reprogramming oversight procedures. The The conference agreement provides West Bank and Gaza and by the illegitimate conference agreement includes a new head- $1,741,515 for past due payments by the State Peace and Development Council in ing, ‘‘Democracy Fund’’, subject to notifica- United States to the Inter-American Invest- Burma. The conferees do not endorse the tion. ment Corporation as proposed by the House, purchase of aircraft by UNDP for program Sec. 517. Independent States of the Former So- instead of $1,500,000 as proposed by the Sen- purposes in Burma. viet Union ate. WORLD FOOD PROGRAM The conference agreement includes a pro- CONTRIBUTION TO THE ENTERPRISE FOR THE The conferees support the work of the vision similar to that proposed by both the AMERICAS MULTILATERAL INVESTMENT FUND World Food Program and have provided House and Senate (section 6017), with modi- The conference agreement provides $10,000,000 for a voluntary contribution under fications. The agreement excludes subsection $1,741,515 for past due payments by the section 534 of this Act as proposed by the (a) of the House bill regarding restrictions on United States to the Multilateral Invest- Senate, rather than $6,000,000 as proposed by assistance and includes Kazakhstan and ment Fund as proposed by the House, instead the House. Uzbekistan in the list of countries for of $3,742,000 as proposed by the Senate. TITLE V—GENERAL PROVISIONS whichfunds are subject to notification proce- CONTRIBUTION TO THE ASIAN DEVELOPMENT (Note: If the provision proposed by the dures, as proposed by the House. FUND House and Senate is similar, except for a dif- Sec. 519. Export Financing Transfer Authorities The conference agreement provides ferent section number or minor technical The conference agreement includes a pro- $100,000,000 for the United States contribu- differences, the section is not addressed in vision similar to that proposed by both the tion to the Asian Development Fund, as pro- this statement of the managers.) House and Senate (section 6019) limiting the posed by the Senate, instead of $115,250,000 as Sec. 504. Report on Unobligated Balances transfer authorities for funds, modified to proposed by the House. The conference agreement includes a new apply to funds appropriated in title I of this CONTRIBUTION TO THE AFRICAN DEVELOPMENT provision as proposed by the Senate (section Act. BANK 6100), with some modification, that requires Sec. 520. Special Notification Requirements The conference agreement provides the submission of quarterly reports on unob- The conference agreement includes a pro- $3,638,000 for the African Development Bank, ligated and unexpended funds. vision proposed by the Senate (section 6020) The conferees agree that the quarterly reas proposed by the Senate, instead of which requires that funds for Serbia, Sudan, port required by this section should be for- $5,638,350 as proposed by the House. Zimbabwe, Pakistan, Liberia, and Cambodia matted to provide information on unobli- CONTRIBUTION TO THE AFRICAN DEVELOPMENT be subject to the special notification proce- gated balances for the relevant quarter as FUND dures of this section, instead of a similar well as cumulative balances for unobligated provision proposed by the House (section The conference agreement provides and unexpended funds. For purposes of this 520). $135,700,000 for the African Development quarterly report, the terms ‘‘unobligated’’ Fund as proposed by the House and the Sen- and ‘‘unexpended’’ shall have the same Sec. 521. Definition of Program, Project, and Ac- ate. meaning as such terms defined by the Gov- tivity INTERNATIONAL ORGANIZATIONS AND ernment Accountability Office (GAO) ‘‘Red The conference agreement includes a pro- PROGRAMS Book’’ and as used by the Office of Manage- vision similar to that proposed by both the The conference agreement provides ment and Budget (OMB). House and Senate (section 6021) which ap- $329,458,000 for voluntary contributions to The conferees agree that the first quar- plies the definition for the terms ‘‘program, ‘‘International Organizations and Pro- terly report required by this provision, cov- project, and activity’’ to the entire Act, the grams’’, instead of $328,958,000 as proposed by ering the first quarter of the fiscal year 2006 same as current law and as proposed by the the House and $330,000,000 as proposed by the and prior year balances, shall be due to the House. Senate. Committees on Appropriations no later than Sec. 522. Child Survival and Health Activities Funds in this account are allocated in the February 1, 2006. The conference agreement includes a pro- following table and, as stipulated in section Sec. 505. Limitation on Expenses and Represen- vision similar to that proposed by both the 596, any change to these allocations is sub- tational Allowances House and Senate (section 6022) which ad- ject to the regular reprogramming proce- The conference agreement includes a revi- dresses expenditure of funds made available dures of the Committees on Appropriations: sion of House sections 504 and 505 and Senate for assistance under the heading ‘‘Child Sur- INTERNATIONAL ORGANIZATIONS AND sections 6004 and 6005. The agreement com- vival and Health Programs Fund’’. The pro- PROGRAMS bines these provisions into a new section 505 vision makes available for family planning/ [Budget authority in thousands of dollars] which addresses both a limitation on rep- reproductive health activities not less than Conference agreement resentational allowances as well as a limita- $440,000,000 of funds appropriated under title Center for Human Settlements .... 150 tion on entertainment expenses to also in- II, rather than $450,000,000 as proposed by the IMO Maritime Security ...... 400 clude recorded music, live artistic perform- Senate. The House did not address this mat- ICAO Aviation Programs ...... 950 ances, personal gifts and furnishings. ter. International Conservation Pro- Sec. 507. Prohibition Against Direct Funding for The conference agreement also includes grams (CITES/ITTO/IUCN/ Certain Countries language as proposed by the Senate which Ramsar/CCD) ...... 5,950 mandates a Government Accountability Of- International Contributions for The conference agreement includes a provision similar to that proposed by both the fice audit of the 2004 and 2005 ‘‘Child Survival Scientific Educational & Cul- and Health Programs Fund’’. tural Activities ...... 1,000 House and Senate (section 6007) which pro- IPCC/UNFCCC ...... 6,000 hibits direct funding for certain countries, Sec. 523. Afghanistan Montreal Protocol ...... 21,500 exempting Libya from the prohibition on Ex- The conference agreement includes a pro- OAS Development Assistance ...... 4,750 port-Import Bank programs and Overseas vision similar to that proposed by both the OAS Fund for Strengthening De- Private Investment Corporation financing. House and Senate (section 6023) which ad- mocracy ...... 2,500 Sec. 509. Transfers dresses funds provided for humanitarian, re- Reserve to be allocated ...... 22,500 The conference agreement includes a pro- construction, and related assistance for Af- UNICEF ...... 127,000 vision similar to that proposed by the House ghanistan. The conference agreement pro- UNIFEM ...... 3,250 vides that not less than $3,000,000 should be UNIFEM Trust Fund ...... 1,500 and Senate (section 6009) limiting transfers of funds in this Act. for reforestation activities, rather than UNDP ...... 110,000 $5,000,000 as proposed by the Senate. UNEP ...... 10,262 Sec. 510. Commercial Leasing of Defense Articles The conference agreement does not include UN Office for the Coordination of The conference agreement includes a pro- a Senate proposal to provide $3,000,000 for as- Humanitarian Affairs ...... 813 vision similar to that proposed by the House sistance for Afghan families and commu- UN Fund for Tech. Cooperation in and Senate (section 6010) which provides the Human Rights ...... 1,500 nities that have suffered losses as a result of same authority in current law regarding the the military operations. The House did not UN Voluntary Fund for Victims commercial leasing of defense articles. of Torture ...... 6,583 address this matter. The conferees support Sec. 511. Availability of Funds World Meteorological Organiza- continued funding for this initiative and pro- tion ...... 1,900 The conference agreement includes a provide $2,000,000 for this purpose. The conferees WTO ...... 950 vision similar to that proposed by both the intend these funds to be used to support the House and Senate (section 6011) which ad- same types of activities that are being car- Total ...... 329,458 dresses the availability of funds. ried out in Iraq through the Marla Ruzicka

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.088 H02NOPT1 H9528 CONGRESSIONAL RECORD — HOUSE November 2, 2005 Iraqi War Victims Fund. The conferees direct quires not less than $40,000,000 should be ‘‘sunset provision’’ contained in Public Law that a portion of these funds be used, con- made available for building capital markets 107–57. sistent with the Senate provision, to employ and financial systems in countries in transi- In subsection (k), the conference agree- a liaison between Afghan families and com- tion. The conferees agree that the Secretary ment includes language similar to that pro- munities, the Afghan Independent Human of State should direct that at least $30,000,000 posed by the Senate that addresses the es- Rights Commission, U.S. Armed Forces and for this purpose come from accounts under tablishment of a Middle East Foundation. USAID, to facilitate implementation of this the State Department’s control. The House did not address this issue. The initiative. Sec. 532. Authorities for the Peace Corps, Inter- conference agreement establishes the Foun- The conference agreement provides that American Foundation and African Develop- dation with a limitation on United States not less than $2,000,000 should be for Afghan ment Foundation contributions of $35,000,000 and the require- human rights groups, as proposed by the The conference agreement includes a pro- ment that United States contributions to Senate. the Foundation be matched by grants from The conference agreement does not include vision proposed by the Senate (section 6032), and similar to that proposed by the House other donors. language, proposed by the Senate, which rec- In subsection (l), the conference agreement (section 532), which states that provisions of ommends funding for a National Emergency includes language proposed by the Senate this Act or any other Act, shall not be con- Response and Preparedness System. The con- that amends sections 21(h)(1)(A) and 21(h)(2) strued to prohibit certain activities of the ferees expect the State Department to con- of the Arms Export Control Act and section Peace Corps Act, the Inter-American Foun- sider this project. 541 of the Foreign Assistance Act. The House dation Act or the African Development The conference agreement does not include did not address this issue. Foundation Act. a vetting requirement for the Afghan Na- In subsection (m), the conference agree- tional Army, as proposed by the Senate, Sec. 534. Special Authorities ment includes language proposed by the Sen- which would have been duplicative of vetting The conference agreement includes a pro- ate which extends authorities for refugee requirements included elsewhere in this Act. vision similar to that proposed by both the status for certain peoples of the Soviet The conference agreement contains lan- House (section 534) and Senate (section 6034) Union, Vietnam, Laos and Cambodia. The guage, similar to that proposed by the House which provides special authorities as follows: House did not address this issue. and Senate, that provides that $50,000,000 In subsection (a), the conference agree- The conference agreement does not include should be made available to support pro- ment includes language proposed by the Sen- a provision proposed by the Senate that grams that directly address the needs of Af- ate which provides certain authority for as- made funds available for administrative ex- ghan women and girls, of which not less than sistance for Afghanistan, Pakistan, Monte- penses of USAID with respect to programs in $7,500,000 shall be made available for small negro, Lebanon, assistance to victims of war, the West Bank and Gaza. The House did not grants to improve the capacity of women-led displaced Burmese, and Iraq. The House did address this issue. The conferees agree to ad- Afghan nongovernmental organizations. not include Iraq in the list of countries and dress this issue in the ‘‘Economic Support Sec. 525. HIV/AIDS provided the funds with more limited au- Funds’’ appropriation heading in title II of The conference agreement includes a pro- thorities. this Act. vision, similar to that proposed by the In subsection (b), the conference agree- Sec. 536. Eligibility for Assistance House, which conditions a portion of the ment provides that funds appropriated for tropical forestry and biodiversity conserva- The conference agreement includes a pro- United States contribution to the Global vision similar to that proposed by both the Fund to Fight AIDS, TB and Malaria on the tion activities may be used notwithstanding any other provision of law, the same as cur- House (section 536) and Senate (section 6036) progress of reforms to improve monitoring which applies restrictions contained in this and evaluation of the effectiveness of Global rent law and as proposed by the Senate. The House provided that these funds may be used or any other Act with respect to assistance Fund financing. The conference agreement for a country. conditions 20 percent, rather than 25 percent notwithstanding any provision of law that Sec. 537. Reservation of Funds as in the House provision, and a clarifying restricts assistance to foreign countries. change is made in paragraph (2). In subsection (c), the conference agree- The conference agreement includes a pro- ment provides authority for employment of vision similar to that proposed by both the Sec. 526. Burma personal services contractors in the United House (section 537) and Senate (section 6037) The conference agreement includes lan- States by USAID notwithstanding any other which provides that certain funds may be re- guage, similar to that proposed by the Sen- provision of law, the same as current law and programmed under certain conditions not- ate (section 6031), regarding assistance for as proposed by the Senate. The House bill did withstanding any other provision of this or Burma. The conferees endorse language on not provide this authority. any other Act. Burma contained in the Senate report. The conference agreement does not include The conferees recommend that in addition Sec. 539. Prohibition on Publicity or Propa- subsection (f) as proposed by both the House ganda to assistance for Burmese refugees provided and Senate which addressed section 451(a) of The conference agreement includes a pro- under the heading ‘‘Migration and Refugee the Foreign Assistance Act of 1961. The con- vision similar to that proposed by both the Assistance’’, $3,000,000 be made available for ferees agree instead to include language pro- House (section 539) and Senate (section 6039) assistance for community-based organiza- posed by the Senate (section 6114) which ex- prohibiting the use of funds for publicity or tions operating in Thailand to provide food, tends until 2007 the application of law mak- propaganda purposes. The conferees have medical and other humanitarian assistance ing certain Vietnamese nationals eligible for modified the section to provide that not to to internally displaced persons in eastern resettlement in the United States. Burma. The conferees recommend $4,000,000 In subsection (h), the conference agree- exceed $25,000 may be made available to for the Burma Border Consortium. ment includes $10,000,000 for a contribution carry out the provisions of section 316 of The conferees affirm that the responsi- to the World Food Program from funds man- Public Law 96–533, instead of $750,000 as pro- bility for programs and activities regarding aged by USAID’s Bureau for Democracy, posed by the Senate. The conferees agree to Burmese refugees and internally displaced Conflict and Humanitarian Assistance, as reconsider funding for this purpose next persons resides with the United States Am- proposed by the Senate. The funds are made year. bassador to Thailand. available notwithstanding any other provi- Sec. 542. Prohibition on Assistance to Foreign The conference agreement does not include sion of law as proposed by the Senate. The Governments that Export Lethal Military language proposed by the Senate restricting House proposed a $6,000,000 contribution. Equipment to Countries Supporting Inter- assistance to the central government of any The conference agreement does not include national Terrorism country that is a major provider of weapons subsection (i) as proposed by the House and The conference agreement includes a pro- or defense-related equipment to the State Senate which addressed availability of funds vision similar to that proposed by both the Peace and Development Council (SPDC). The for the National Endowment for Democracy. House (section 542) and Senate (section 6042) House did not address this matter. The conferees agree to address this issue in which prohibits funds in this Act from being The conference agreement does not include the ‘‘Democracy Fund’’ appropriation head- made available to any foreign government language proposed by the Senate restricting ing in title II of this Act. that provides lethal military equipment to funding for the United Nations Office on In subsection (i), the conference agreement certain countries. Drugs and Crime (UNODC). The House did includes language similar to that proposed Sec. 546. Landmines not address this matter. The conferees re- by the Senate that provides $5,000,000 for The conference agreement includes a pro- main concerned by reports that the UNODC American educational institutions in the vision similar to that proposed by both the in Burma is failing to report to other rel- People’s Republic of China. The House did House (section 546) and Senate (section 6046) evant United Nations organizations inci- not address this issue. dents of gross human rights violations en- In subsection (j), the conference agreement which provides the same authority in cur- countered during the conduct of its programs includes language similar to that proposed rent law regarding the provision of demining in Burma. by the Senate which addresses assistance to equipment notwithstanding any other provi- Sec. 531. Financial Market Assistance in Transi- Pakistan in accordance with requirements sion of law. tion Countries contained in Public Law 107–57. The House Sec. 549. Haiti The conference agreement includes a pro- did not address this issue. The conferees The conference agreement includes a provision as proposed by the House which re- agree to include language that extends the vision similar to that proposed by both the

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.090 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9529 House (section 549) and Senate (section 6049), Sec. 556. Colombia (section 567), which provides not less than modified to address language proposed by the The conference agreement includes lan- $465,000,000 from title II for basic education, House in section 583, ‘‘Prohibition on Certain guage similar to that proposed by the House including a total of $365,000,000 from the ‘‘De- International Narcotics Control and Law En- (section 556) and Senate (section 6056), and velopment Assistance’’ account. The con- forcement Assistance to the Government of similar to current law which conditions the ferees note this is $65,000,000 above the fiscal Haiti.’’ provision of assistance to the Colombian year 2005 level. The conferees agree to include language Armed Forces. The conferees are aware of the need for similar to that proposed by the Senate which The conference agreement does not include programs in the developing world that in- establishes a total funding level of a Senate provision requiring prior consulta- crease access to quality education, including $116,215,000 as requested from the following tion with the Office of the United Nations by removing financial impediments to at- accounts: ‘‘Child Survival and Health Pro- High Commissioner for Human Rights in Co- tending school, training teachers, developing grams Fund’’, ‘‘Development Assistance’’, lombia and with the appropriate congres- curricula, improving physical plant, and ‘‘Economic Support Fund’’, ‘‘International sional committees. The conferees expect the making school supplies more available. The Narcotics Control and Law Enforcement’’, Secretary of State, prior to making the cer- conferees note that a number of developing ‘‘Foreign Military Financing Program’’, and tifications required by this paragraph, to nations have committed to achieving uni- ‘‘International Military Education and consider the opinion of the Office of the versal basic education by 2015, and that the Training’’. United Nations High Commissioner for World Bank Fast Track Initiative, to which The conferees agree to include language Human Rights in Colombia regarding the the United States is a party, has identified similar to that proposed by the House in sec- conditions in section 556(a)(2) of this Act and certain countries for which this goal may be tion 583, revised to address the specific issues to consult with the Committees on Appro- within reach with adequate donor support associated with the Haitian National Police priations. and technical assistance. The conferees want (HNP). The conferees are concerned about Sec. 559. West Bank and Gaza Program to ensure that the $65,000,000 increase in funding for fiscal year 2006 is programmed to members of the Haitian National Police or The conference agreement includes a pro- achieve the maximum and most dramatic re- other individuals unlawfully using weapons, vision similar to that proposed by both the sults in a select number of countries, and di- ammunition, and other lethal materiel that House (section 559) and Senate (section 6059) has been provided or sold by the United which addresses funds available for the West rect USAID to program the increase only States Government and therefore require the Bank and Gaza Program, including a provi- after consultation with the Committees on certification included in section 549(c). The sion proposed by the House which requires Appropriations. The conference agreement includes a pro- conferees understand that investigations the Comptroller General of the United States vision similar to that proposed by the House into extrajudicial killings and other alleged to conduct an audit of fiscal year 2006 funds requiring the Comptroller General of the incidents of human rights abuses by the po- and a provision proposed by the Senate United States to prepare an analysis of lice are currently underway but severely which requires the Secretary of State to sub- United States-funded international basic limited by the lack of investigative capacity mit a report required in section 2106 of chap- education programs within six months of en- within the HNP. The conferees request that ter 2 of title II of Public Law 109–13. actment. The conferees provide $250,000 for not later than 60 days after the date of en- Sec. 560. Contribution to the United Nations this purpose. The conferees refer the Comp- actment of this Act, the State Department Population Fund troller General to the provisions in House report to the appropriate congressional com- The conference agreement includes a pro- section 567 detailing what should be included mittees the findings of these investigations, vision similar to that proposed by both the in the analysis. The conferees also direct the including information on whether any House (section 560) and Senate (section 6060) Comptroller General to include an analysis United States-supplied or provided weapon which addresses limitations on contributions of the staffing needs of United States Gov- or ammunition was used during those inci- for the UN Population Fund (UNFPA), ernment agencies to carry out international dents. amended to provide $34,000,000 from the basic education assistance programs and a The conference agreement does not include ‘‘International Organizations and Programs’’ description and analysis of United States a provision proposed by the Senate requiring (IOP) account and the ‘‘Child Survival and Government contracts, grants, and coopera- a report prior to funds being made available Health Programs Fund’’ account, of which tive agreements that are designed to achieve to support elections in Haiti. The conferees $22,500,000 shall be derived from IOP and the goals of the basic education assistance direct the Secretary of State to submit a re- shall be made available for the UNFPA. program. port to the Committees on Appropriations The agreement does not include language The conferees also agree to provide within 30 days of enactment of the Act which proposed by the Senate which provided for $15,000,000 in basic education funding to ex- (1) describes in detail the steps taken by the exceptions to the limitations on the use of pand and extend a pilot project to increase Haitian Transitional Government and the funds. access to basic education by addressing the United Nations Stabilization Mission to pro- Sec. 563. Funding for Serbia prohibitive fees that keep children, and par- vide adequate security to permit free and The conference agreement includes a pro- ticularly girls, out of school. fair elections with broad based participation vision proposed by the Senate (section 6063), Sec. 568. Reconciliation Programs by all political parties, and to demobilize, and similar to that proposed by the House disarm and reintegrate armed groups, and (2) The conference agreement includes a pro- (section 563), which restricts assistance for vision similar to that proposed by the House provides an assessment of the effectiveness the central government of Serbia, after May of such steps. (section 568) and Senate (section 6068) which 31, 2006, for certain specified conditions. provides $15,000,000 in ESF assistance for rec- Sec. 551. Limitation on Assistance to Security Sec. 565. Special Debt Relief for the Poorest onciliation programs and does not include a Forces The conference agreement includes a pro- Senate proposal to make these funds avail- The conference agreement includes a provision proposed by the Senate (section 6065), able notwithstanding any other provision of vision similar to that proposed by both the and similar to that proposed by the House law. House (section 551) and Senate (section 6051) (section 565), which provides the President Sec. 569. Sudan which prohibits funds in this Act from being authority to reduce debt owed to the United The conference agreement includes a pro- provided to any unit of security forces if States as a result of certain guarantees. The vision similar to that proposed by the House there is credible evidence of human rights conferees agree to include language proposed (section 569) and Senate (section 6069) which violations. by the Senate that extends debt reduction to addresses assistance to Sudan, providing up Sec. 554. Cambodia obligations for purchases of United States to $70,000,000 under ‘‘Development Assist- agricultural commodities under export cred- The conference agreement includes lan- ance’’ for Sudan, of which $6,000,000 may be it guarantee programs. The House did not guage similar to that proposed by the House made available to USAID for administrative address this issue. (section 554) and Senate (section 6054) which expenses. addresses assistance for Cambodia. Sec. 566. Authority To Engage in Debt Buybacks The conference agreement includes sub- The conference agreement does not include or Sales section (b)(1) as in the Senate bill, limiting language as proposed by the House regarding The conference agreement includes a pro- the availability of funds, and subsection (e) international financial institution loans to vision proposed by the Senate (section 6066) as in the House bill, defining certain regions the central Government of Cambodia. and similar to a provision proposed by the as ‘‘outside of control of the Government of The conference agreement includes lan- House (section 566), which provides the same Sudan’’. guage similar to that proposed by the Senate authority in current law to engage in debt Sec. 570. Trade Capacity Building which prohibits assistance for the central buybacks or sales notwithstanding any other The conference agreement includes a pro- Government of Cambodia with the exception provision of law. The House limited this au- vision proposed by the House (section 570) of assistance for certain programs; makes thority to notwithstanding any provision of which makes not less than $522,000,000 avail- $15,000,000 available for activities to support law that restricts assistance to foreign coun- able for trade capacity building assistance democracy, rule of law, and human rights, tries. from several accounts in title II of this Act including democratic political parties; and, Sec. 567. Basic Education and $20,000,000 from ESF for labor and envi- provides such assistance notwithstanding The conference agreement includes a pro- ronmental capacity building activities relat- section 541 of the Foreign Assistance Act. vision similar to that proposed by the House ing to the Central America Free Trade

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.091 H02NOPT1 H9530 CONGRESSIONAL RECORD — HOUSE November 2, 2005 Agreement. The Senate did not address this combat corruption and strengthen democ- Sec. 582. Prohibition Against Direct Funding for issue. racy in Nicaragua and not less than $1,500,000 Saudi Arabia Sec. 572. Zimbabwe for programs and activities to combat orga- The conference agreement includes a pro- nized crime, crimes of violence specifically The conference agreement includes a provision similar to that proposed by the House targeting women and corruption in Guate- vision proposed by the Senate (section 6078) (section 588) which prohibits assistance to mala. which requires the Secretary of the Treasury Saudi Arabia, modified to reflect current to take certain actions with respect to loans Sec. 577. United States Agency for International law. to the Government of Zimbabwe. The House Development Management Sec. 583. Governments That Have Failed To Per- did not address this issue. (INCLUDING TRANSFER OF FUNDS) mit Certain Extraditions Sec. 573. Gender-Based Violence Training The conference agreement includes a pro- The conference agreement includes a pro- The conference agreement includes a provision similar to that proposed by the House vision similar to that proposed by the House vision similar to that proposed by the House (section 577) which provides certain authori- (section 590) and Senate (section 6129) which (section 573) which addresses the use of funds ties to USAID. The conferees agree to con- prohibits funds for assistance under certain to provide training for foreign police, judi- tinue authority that enables USAID to hire conditions when governments fail to permit cial, and military officials, modified to state Foreign Service Limited employees to re- the extradition of certain individuals, modi- that such training shall be provided where place on a one-for-one basis individuals who fied to provide a waiver of the restriction appropriate. were employed by USAID under other au- when the Secretary of State certifies to the Sec. 574. Limitation on Economic Support Fund thorities, such as Personal Services Con- Committees on Appropriations that such a Assistance for Certain Foreign Governments tracts (PSCs). To ensure that relatively jun- restriction is contrary to the national inter- That Are Parties to the International Crimi- ior Foreign Service Officers have an early est of the United States. nal Court opportunity to gain valuable overseas experi- Sec. 584. Reporting Requirements The conference agreement includes a pro- ence, the conferees provide $10,000,000 to pay The conference agreement includes a provision similar to that proposed by the House for such indirect costs as housing and trans- vision similar to that proposed by the Senate (section 574), amended to include a provision portation. These costs are routinely covered (section 6067) which requires a quarterly re- similar to that proposed by the Senate (sec- for PSCs and paid out of program accounts. port on the uses of fiscal year 2006 funds for tion 6086). In using these authorities, USAID should ‘‘Foreign Military Financing’’, ‘‘Inter- The conferees agree to language proposed achieve annualized savings in administrative national Military Education and Training’’ by the House which addresses assistance for costs, including an estimated $4,000,000 in fis- and ‘‘Peacekeeping Operations’’, modified to countries that are party to the International cal year 2007. The conferees direct USAID to change the date of the first report to April 1, Criminal Court that have not entered into an provide baseline data on administrative 2006 and remove the reference to ‘‘hereafter.’’ costs so these annual savings can be verified agreement with the United States pursuant Sec. 585. Environment Programs and tracked. to Article 98 of the Rome Statute. The con- The conference agreement includes a pro- ferees further agree to include as subsection The conference agreement includes language under this section that allows USAID vision similar to that proposed by the Senate (e), the Senate provision (section 6086), (section 6074) which addresses environment amended to delete reference to IMET funds. to use program funds to cover the costs of staff working to mitigate the effects of nat- programs. The conference agreement also in- Sec. 575. Tibet ural disasters. The conferees note that this cludes language similar to that proposed by The conference agreement includes a pro- authority should be used sparingly and only the Senate with respect to the submission of vision similar to that proposed by both the when necessary to enable USAID to cope the climate change report. The conferees ex- House (section 575) and Senate (section 6079) with the consequences of natural disasters, pect that, pursuant to the August 2005 Gov- which provides that of the funds appro- such as those on the scale of Hurricane ernment Accountability Office report (GAO– priated to the ‘‘Economic Support Fund’’ ac- Mitch in Central America in 1998. 05–461), OMB and the Climate Change Science count, not less than $4,000,000 should be made Program (CCSP) will explain in detail any available to nongovernmental organizations Sec. 578. HIPC Debt Reduction changes in the Administration’s annual cli- which preserve cultural traditions and pro- The conference agreement includes a pro- mate change report content and format since mote sustainable development and environ- vision as proposed by the House (section 578) fiscal year 2002. The conferees expect OMB mental conservation in Tibetan commu- which addresses HIPC debt reduction. The and the CCSP to develop crosswalk tables to nities. Senate did not address this matter. compare new and old report structures, definitions, categories, content, and format to The conference agreement also provides Sec. 579. OPIC Transfer Authority that these funds be made available notwith- ensure better assessment of changes in standing any other provision of law, the (INCLUDING TRANSFER OF FUNDS) spending over time, specifically by agency same as current law and as proposed by the The conference agreement includes a pro- and category. In addition, the conferees di- Senate. The House proposed that these funds vision as proposed by the House (section 579), rect OMB in its fiscal year 2007 report to be made available notwithstanding any other which authorizes the transfer of funds under transmit information in the form of budget provision of law that restricts assistance to title II of this Act to OPIC for certain pur- authority, expenditures, and obligations as foreign countries. poses. The Senate did not address this mat- has been consistently required by the Con- The conference agreement provides that ter. gress. $250,000 should be made available for human The conference agreement contains a sub- Sec. 580. Limitation on Funds Relating to At- rights and democracy programs through the section similar to current law and the Sen- tendance of Federal Employees at Con- National Endowment for Democracy, as pro- ate proposal regarding extractive industries ferences Occurring Outside the United posed by the Senate. The House did not ad- and the international financial institutions. States dress this issue. The House did not address this matter. The conference agreement includes a pro- Sec. 576. Central America Sec. 586. Uzbekistan vision similar to that proposed by both the The conference agreement includes a pro- House (section 585) and Senate (section 6124) The conference agreement includes a provision similar to that proposed by the House which prohibits funds for attendance of more vision as proposed by the Senate (section (section 576), amended to include language than 50 employees at any single conference 6075) and similar to current law. similar to that proposed by the Senate (sec- occurring outside the United States, modi- Sec. 587. Central Asia tion 6092). fied to clarify that the prohibition applies to The conference agreement includes a pro- The conferees agree to include language employees stationed in the United States at- vision similar to that proposed by the Senate proposed by the House which provides that of tending international conferences. (section 6076) regarding assistance to Central the funds appropriated by this Act under the Asia. headings ‘‘Child Survival and Health Pro- Sec. 581. Limitation On Assistance To Foreign grams Fund’’ and ‘‘Development Assist- Countries That Refuse To Extradite To The Sec. 588. Disability Programs ance’’, not less than the amount of funds ini- United States Any Individual Accused In The conference agreement includes a pro- tially allocated pursuant to section 653(a) of The United States Of Killing A Law En- vision similar to that proposed by the Senate the Foreign Assistance Act of 1961 for fiscal forcement Officer (section 6077) making available $4,000,000 in year 2005 should be made available for El The conference agreement includes a pro- ESF for programs and activities adminis- Salvador, Guatemala, Nicaragua and Hon- vision similar to that proposed by the House tered by USAID to address the needs and pro- duras. The conferees direct that USAID not (section 587) which prohibits funds for assist- tect the rights of people with disabilities in fund these increases from other fiscal year ance under certain conditions associated developing countries. Of this amount, the 2006 programs in the Western Hemisphere. with extradition of certain individuals, conferees direct that $1,500,000 be made avail- The conferees further agree to include lan- modified to provide a waiver of the restric- able to organizations that specialize in advo- guage similar to that proposed by the Senate tion when the Secretary of State certifies to cacy for people with disabilities, to support in section 6092, which provides not less than the Committees on Appropriations that such training, technical, and related assistance $1,500,000 for electoral assistance, media and a restriction is contrary to the national infor foreign NGOs that work primarily on be- civil society programs, and activities to terest of the United States. half of people with disabilities in developing

VerDate Aug 31 2005 04:55 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.093 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9531 countries, and $2,500,000 be made available the security forces are respecting such or- thority Inspector General (CPA–IG) remain for equipment and other assistance for such ders; and (6) ensuring that the Commission within the jurisdiction of its successor, foreign NGOs. for Investigation of Abuse of Authority is re- SIGIR. The conferees understand that SIGIR Sec. 589. Discrimination Against Minority Reli- ceiving adequate support to effectively im- has sufficient funds to carry out its activi- gious Faiths in the Russian Federation plement its mandate and that no other anti- ties through fiscal year 2006 and expect any The conference agreement includes a pro- corruption body is functioning in violation additional funds necessary to complete vision proposed by the Senate (section 6080) of the 1990 Constitution or contrary to due SIGIR’s work in fiscal year 2007 will be in- regarding assistance for the Russian Federa- process. cluded in the fiscal year 2007 budget request for consideration in the fiscal year 2007 ap- tion. The House did not address this matter. Sec. 593. Neglected Diseases propriations process. Sec. 590. War Crimes in Africa The conference agreement includes a pro- With respect to Iraq’s reconstruction, the The conference agreement includes a provision similar to that proposed by the Senate conferees note the importance of an open and vision similar to that proposed by the Senate (section 6094) which allocates $15,000,000 of transparent process in developing projects, (section 6081), requiring a certification by the ‘‘Child Survival and Health Programs issuing contracts and fulfilling those con- the Secretary of State before any funding Fund’’ to fight neglected diseases. The contracts currently underway. The conferees en- may be made available to the central gov- ferees recognize that a multilateral initia- courage the State Department and the De- ernment of any country in which a person in- tive may be the most effective mechanism fense Department to consider current pro- dicted by the Special Court for Sierra Leone for leveraging and coordinating with addi- posals to use advanced software programs or International Criminal Tribunal for tional contributions from other donors. The that provide solutions for soliciting con- Rwanda is living. Administrator of USAID should consult with tracts and ensuring that the bidding process The conferees believe that Charles Taylor the Committees on Appropriations before a is transparent and accountable. should stand trial for the crimes for which mechanism is chosen. Until such a mecha- The conferees are aware of a joint proposal he has been indicted. In subsection (d), the nism is available, the Administrator should by the Sabre Foundation and the Harvard conferees require a report by the President develop and implement the program through Committee on Iraqi Libraries to enhance the outlining the Administration’s strategy for existing bilateral and multilateral mecha- quality and quantity of Iraqi university li- working with the Government of Nigeria to nisms. brary collections. The conferees urge the turn over Charles Taylor to the Special Sec. 594. Orphans, Displaced and Abandoned State Department, working with other do- Court for Sierra Leone. If that report has not Children nors, to enhance and strengthen higher edu- been received by 120 days following enact- The conference agreement includes a pro- cation in Iraq. ment of this Act, no funding may be made vision similar to that proposed by the Senate Sec. 599A. Nonproliferation and Counterprolifer- available for the central Government of Ni- (section 6095) which provides not less than ation Efforts geria. This restriction is not intended to in- $3,000,000 for activities to improve the capac- The conference agreement includes a pro- clude support provided for peacekeeping op- ity of foreign government agencies and NGOs vision similar to that proposed by the Senate erations in other countries. to prevent child abandonment, address the (section 6134) which makes NADR funds Sec. 591. Security in Asia needs of orphans, displaced and abandoned available for certain nonproliferation and The conference agreement includes a pro- children and provide permanent homes counterproliferation efforts, but does not in- vision similar to that proposed by the Senate through family reunification, guardianship clude the reference to the Cooperative (section 6084) which (1) specifies military as- and domestic adoptions. Threat Reduction program and the National sistance for a number of countries in Asia; Sec. 595. Advisor for Indigenous Peoples Issues Counter Proliferation Center as proposed by (2) makes funds available for the Philippines the Senate. The House did not address this The conference agreement includes a pro- matter. to address critical deficiencies identified in vision similar to that proposed by the Senate Sec. 599B. Promotion of Policy Goals at Multi- the Joint Defense Assessment of 2003; (3) per- (section 6097) that requires USAID to appoint lateral Development Banks mits funding for the Indonesian Navy, sub- an Advisor for Indigenous Peoples Issues. ject to the notification of the Committees on The conference agreement includes a pro- Appropriations; and (4) makes funds avail- Sec. 596. Statement vision, similar to that proposed by the Sen- able for Cambodia notwithstanding certain The conference agreement includes a pro- ate, which amends the International Finan- provisions of this Act. vision similar to that proposed by the Senate cial Institutions Act by requiring the Sec- The conference agreement does not include (section 6112) which requires that funds in retary of the Treasury to inform the multi- language proposed by the Senate with re- the specified accounts be allocated as indi- lateral development banks and the executive spect to Nepal in this provision. These re- cated in the respective tables in this state- directors of such banks of certain reform quirements are addressed in section 592. ment of the managers. Any change to these goals and to actively promote these reforms. Sec. 592. Nepal allocations is subject to the regular re- The conferees believe these reforms would programming procedures of the Committees improve transparency, deter corruption, pro- The conference agreement includes a new on Appropriations. mote justice and accountability, protect provision similar to language proposed by whistleblowers, and enhance the quality of the Senate in subsection (e) of section 6084 Sec. 597. Combatting Piracy of United States MDB-financed projects, and should be vigor- which addressed Nepal. Copyrighted Materials ously implemented. The House did not ad- For purposes of determining whether the The conference agreement includes a pro- dress this matter. conditions for certification have been met, vision similar to that proposed by the Senate the conferees intend that ‘‘civil liberties’’ in- (section 6115) regarding the use of funds Sec. 599C. Authorizations clude due process under law, freedoms of under the heading ‘‘International Narcotics The conference agreement includes author- speech, the press and association, and the Control and Law Enforcement’’ to combat ization language for the International Devel- right of movement; and ‘‘protecting human piracy of United States copyrighted mate- opment Association, the African Develop- rights’’ includes (1) the release of all polit- rials overseas. ment Fund, and the Asian Development Fund. ical detainees including those detained be- Sec. 598. Malaria fore February 1, 2005; (2) granting civilian Sec. 599D. Anticorruption Provisions The conference agreement includes a pro- prosecutors and judicial authorities, the Na- The conference agreement includes a provision, similar to that proposed by the Sen- tional Human Rights Commission of Nepal vision, similar to that proposed by the House ate (section 6125) which addresses malaria. (NHRC), the Office of the United Nations that would withhold 20 percent of the funds The House did not address this matter. Fur- High Commissioner for Human Rights in for the World Bank’s International Develop- ther discussion of malaria is under ‘‘Child Nepal, and international humanitarian orga- ment Association (IDA) from disbursement Survival and Health Programs Fund’’. nizations, unannounced and unimpeded ac- until the Secretary of the Treasury makes a cess to all detainees, places of detention, Sec. 599. Oversight of Iraq Reconstruction certification about a number of procurement witnesses, relevant documents and other re- The conference agreement includes a pro- issues that would increase transparency in quested information, and cooperating with vision, similar to that proposed by the Sen- the World Bank procurement process. The these entities to identify and resolve all se- ate (section 6131) which addresses authorities provision includes International Bank for curity related cases involving persons in gov- and funding for the Special Inspector Gen- Reconstruction and Development (IBRD) ernment custody; (3) complying with inter- eral for Iraq Reconstruction (SIGIR), amend- loans as well as IDA credit agreement or national humanitarian law and ending tor- ed to extend the period of oversight for the grants and project preparation advances, and ture, extrajudicial killings and other gross SIGIR without providing additional funds as ‘‘World Bank procurement guidelines’’ in- violations of human rights, and prosecuting proposed by the Senate. clude the following World Bank Guidelines: and punishing individuals responsible for The conferees endorse oversight of United Procurement Under IBRD Loans and IDA such violations; (4) restoring the independ- States reconstruction efforts in Iraq and Credits; Guidelines: Selection and Employ- ence of the NHRC in accordance with con- therefore support the work of the SIGIR. The ment of Consultants by World Bank Bor- stitutional provisions, including providing conferees intend that programs and oper- rowers; and, all relevant Standard Bidding adequate funding and staff; (5) complying ations of the Coalition Provisional Author- Documents applicable to World Bank-funded with habeas corpus orders issued by Nepal’s ity (CPA) that had been within the oversight tenders. The Senate did not address this courts including all outstanding orders, and jurisdiction of the Coalition Provisional Au- issue.

VerDate Aug 31 2005 05:50 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.094 H02NOPT1 H9532 CONGRESSIONAL RECORD — HOUSE November 2, 2005 Sec. 599E. Assistance for Demobilization and to the United States. The House did not ad- emotional trauma; and (3) facilitate dialogue Disarmament of Former Irregular Combat- dress this matter. However, consistent with between victims, their communities, and ants in Colombia the Senate provision, the conferees expect United States and coalition armed forces to The conferees include a provision that pro- the Secretary of State to continue to utilize promote reconciliation and reduce civilian vides up to $20,000,000 to demobilize and dis- private voluntary and international non- casualties. arm former members of Colombian terrorist governmental organizations with expertise The conference agreement does not include organizations. This funding may be made in the protection needs of refugees in the a provision proposed by the Senate (section available if the Secretary of State certifies processing of refugees overseas for admission 6096) ‘‘Forensic Assistance’’. The House did that certain conditions specified in the lan- and resettlement to the United States, and not address this matter. The conferees pro- guage are met. to utilize such organizations in addition to vide $3,000,000 under the ‘‘Democracy Fund’’ account to support investigations, including Sec. 599F. Indonesia the United Nations High Commissioner for Refugees in the identification and referral of DNA analysis, in cases of extrajudicial The conferees include a provision, similar refugees. killings and child disappearances in Central to that proposed by the Senate (section 6072), The conference agreement does not include and South America, in addition to funds oth- which conditions the availability of military a House provision (section 583), the ‘‘Prohibi- erwise made available for such purposes. assistance for Indonesia on a certification by tion on Certain International Narcotics Con- The conference agreement does not include the Secretary of State that certain condi- trol and Law Enforcement Assistance to the a provision proposed by the Senate (section tions have been met. The conferees are Government of Haiti’’. The issue is addressed 6109) regarding a ‘‘West Papua Report’’ re- grateful for Indonesia’s contributions to the under section 549, ‘‘Haiti’’, in the conference quiring the Secretary of State to submit a global war on terrorism, and recognize the agreement. The Senate did not address this report regarding Indonesian troops, and cur- important progress evinced by the govern- matter. rent humanitarian and human rights condi- ment of Indonesia in advancing civilian con- The conference agreement does not include tions, in the Papua region of Indonesia. The trol of the military. The conferees remain a provision proposed by the House (section House did not address this matter. The con- concerned with human rights in Indonesia, 584) that prohibited funds for assistance to ferees direct the Secretary of State to sub- including the role of some Indonesian mili- Romania. The Senate did not address this mit, within 90 days of enactment of the Act, tary officers in organizing and supplying mi- issue. the report required by the Senate provision. litia groups during 1999 attacks in East The conference agreement does not include The conference agreement does not include Timor, and urge the Indonesian Government language regarding UNDP in Burma, as pro- a provision proposed by the Senate (section to bring those responsible to justice. The posed by the Senate (section 6085). The House 6111) regarding ‘‘Assistance for Foreign Non- House did not address this issue. did not address this matter. The conferees governmental Organizations’’. The House did Sec. 599G. Report on Indonesian Cooperation appreciate the responsiveness of the UNDP’s not address this issue. The conference agreement does not include The conferees include a provision, similar Washington-based staff to concerns with a provision proposed by the Senate (section to that proposed by the Senate (section 6108), UNDP programs and activities in Burma. 6114) that extends the eligibility of certain which requires a report by the Secretary of The conference agreement does not include potential Vietnamese refugees to be consid- State on progress being made into the inves- a provision proposed by the House (section ered refugees ‘‘of special humanitarian con- tigation and prosecution of the murders of 586) that limited the availability of funds cern’’ and to be resettled in the United two United States citizens and one Indo- while there is a vacancy at the head of the States. Instead, the conferees agree to ad- nesian citizen in 2002. Office of Inspector General of the Bank. The conferees addressed this issue in title I of dress this issue in section 534 (‘‘Special Au- PROVISIONS NOT ADOPTED BY THE this Act as proposed by the Senate. thorities’’). The conferees understand that CONFEREES The conference agreement does not include this will be the last year such an extension The conference agreement does not include the provision ‘‘Democracy Exception’’ as will be necessary. a provision proposed by the House and the proposed by the Senate (section 6086). This The conference agreement does not include Senate (sections 504 and 6024) regarding issue is addressed in section 574. The House a provision proposed by the Senate (section ‘‘Limitation on Expenses’’. This issue is ad- did not address this matter. 6116) regarding a ‘‘Report on Anti-Retroviral dressed in section 505, ‘‘Limitation on Ex- The conference agreement does not include Drug Procurement’’. The conferees request penses and Representational Allowances’’. a provision proposed by the Senate (section the Global AIDS Coordinator to submit the The conference agreement does not include 6087) regarding ‘‘University Programs’’ and report required in section 6116 of the Senate a provision proposed by the Senate (section USAID. The House did not address this mat- bill as part of its annual reporting require- 6025) that prohibited certain funds from this ter. ments. The House did not address this issue. Act from being used to procure aircraft. The The conference agreement does not include The conference agreement does not include House did not address this matter. The con- a provision proposed by the House (section a provision proposed by the Senate (section ferees have addressed this matter under the 589) regarding Export-Import Bank assist- 6117) regarding ‘‘Forced Repatriation of Ref- heading ‘‘International Narcotics Control ance for nuclear power projects. ugees in Cambodia’’. The House did not ad- and Law Enforcement’’. The conference agreement does not include dress this issue. The conferees note that The conference agreement does not include a Senate provision (section 6090) regarding Cambodia has a long and tragic history as a a provision proposed by both the House (sec- funding for English language training in nation of refugees and strongly urge the tion 526) and the Senate (section 6026) that Francophone countries. The House did not Government of Cambodia to demonstrate addressed funding for democracy programs address this matter. However, the conferees greater compassion with the plight of its and instead creates a new appropriation in direct that funds made available under the Montagnard neighbors. The conferees en- title II, ‘‘Democracy Programs’’ to accom- heading ‘‘Economic Support Fund’’ be made courage the United Nations and other orga- modate the financing otherwise addressed in available for such purposes. nizations to help safeguard all Montagnard these title V provisions. The conference agreement does not include refugees returned to Vietnam. The conferees The conference agreement does not include a provision proposed by the Senate (section direct the State Department to provide a re- a provision proposed by the House (section 6091) regarding transfer of funds. The House port to the Committees on Appropriations 572) or a provision proposed by the Senate did not address this matter. not later than 90 days after enactment of (section 6089), regarding assistance for Cuba. The conference agreement does not include this Act detailing the concerns of the Special The conference agreement does not include a provision proposed by the Senate (section Representative of the Secretary-General for a provision proposed by the Senate (section 6092) ‘‘Organized Crime and Corruption in Human Rights in Cambodia with the Janu- 6073), which prohibited funds from being used Central America’’. The House did not address ary 25, 2005 Memorandum of Understanding to fund any contract contravening section this matter. The conference agreement ad- between the United Nations High Commis- 8(d)(6) of the Small Business Act. This provi- dresses this issue under section 576 ‘‘Central sioner for Refugees (UNHCR) and the Gov- sion was not included because such a require- America’’. ernments of Cambodia and Vietnam, an as- ment is permanent law. The House did not The conference agreement does not include sessment of the validity of those concerns, address this issue. a Senate provision (section 6093) regarding and actions taken by UNHCR to address the The conference agreement does not include assistance for Iraq. The House did not ad- concerns. a provision proposed by the House (section dress this matter. The conference agreement The conference agreement does not include 580) which provided authority to transfer up includes language under the heading ‘‘Eco- a provision proposed by the Senate (section to $100,000,000 to furnish reconstruction and nomic Support Fund’’ to transfer $5,000,000 to 6118) regarding ‘‘Transfer of Funds’’. Not less stabilization assistance. the Iraq Relief and Reconstruction Fund for than $450,000,000 is made available for a The conference agreement does not include the Marla Ruzicka Iraqi War Victims Fund United States contribution to the Global a provision, similar to provisions proposed for assistance for families and communities Fund to Fight AIDS, TB and Malaria from by the House (section 581) and the Senate that have suffered losses as a result of the funds appropriated under the headings (section 6083) which reduced unobligated bal- military operations. The conferees direct ‘‘Child Survival and Health Programs Fund’’ ances. USAID to: (1) support joint training for im- and ‘‘Global HIV/AIDS Initiative’’. The conference agreement does not include plementing NGOs to share lessons learned The conference agreement does not include a Senate provision (section 6082) related to and improve coordination and communica- a provision proposed by the Senate (section the admission and resettlement of refugees tion; (2) explore approaches to help alleviate 6119) that transferred $50,000,000 to the FMF

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.096 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9533 account for assistance to support the African CONFERENCE TOTAL—WITH COMPARISONS ANNOUNCEMENT BY THE SPEAKER Union Mission in Sudan. While the con- The total new budget (obligational) au- PRO TEMPORE ference agreement does not include addi- thority for the fiscal year 2006 recommended tional funds for this Mission in Sudan, the The SPEAKER pro tempore. Pursu- by the Committee of Conference, with com- ant to clause 8 of rule XX, the Chair Administration should expeditiously submit parisons to the fiscal year 2005 amount, the a request for any necessary funding. 2006 budget estimates, and the House and will postpone further proceedings The conference agreement does not include Senate bills for 2006 follow: today on the remaining motion to sus- a provision proposed by the Senate (section [In thousands of dollars] pend the rules on which a recorded vote 6120), ‘‘Support for Democracy and Govern- or the yeas and nays are ordered, or on ance Activities in Zimbabwe’’. This issue is New budget (obligational) authority, fiscal year which the vote is objected to under addressed under the heading ‘‘Economic Sup- clause 6 of rule XX. port Fund’’. The House did not address this 2005 ...... 22,310,592 matter. Budget estimates of new Any record vote on the postponed The conference agreement does not include (obligational) authority, question will be taken tomorrow. a provision proposed by the Senate (section fiscal year 2006 ...... 22,867,945 f 6121) regarding assistance for Venezuela. House bill, fiscal year 2006 20,311,677 This issue is addressed under the heading Senate bill, fiscal year 2006 22,122,189 CONGRATULATING THE CHICAGO ‘‘Democracy Fund’’ in title II of this Act. Conference agreement, fis- WHITE SOX ON WINNING THE 2005 The House did not address this matter. cal year 2006 ...... 20,978,490 WORLD SERIES The conference agreement does not include Conference agreement Mr. DENT. Mr. Speaker, I move to a provision proposed by the Senate (section compared with ...... suspend the rules and agree to the con- 6123) regarding the Export-Import Bank. The New budget conferees direct that the Inspector General (obligational) author- current resolution (H. Con. Res. 281) shall provide a written analysis to the Com- ity, fiscal year 2005 ...... ¥1,332,102 congratulating the Chicago White Sox mittees on Appropriations and other appro- Budget estimates of new on winning the 2005 World Series. priate committees, including the Senate Fi- (obligational) author- The Clerk read as follows: nance Committee, within 90 days of appoint- ity, fiscal year 2006 ...... ¥1,889,455 H. CON. RES. 281 ment as to whether loan guarantees provided House bill, fiscal year Whereas the Chicago White Sox won 99 to an ethanol dehydration plant in Trinidad 2006 ...... +666,813 games during the regular season and com- and Tobago met the conditions of section Senate bill, fiscal year piled the best record in the American 2(e)(4) of the Export-Import Bank Act of 1945 2006 ...... ¥1,143,699 League; or any provision in the Bank’s charter. The JIM KOLBE, Whereas the White Sox, through great analysis shall include whether ‘‘value added’’ JERRY LEWIS, pitching, hitting, and superb defense domi- methodology is routinely used by the Bank JOE KNOLLENBERG, nated the playoffs with an impressive 11–1 to determine whether or not a proposed loan MARK STEVEN KIRK, record, beating the former world champion guarantee or export credit meets the statu- ANDER CRENSHAW, Boston Red Sox, the Los Angeles Angels of tory test found in section 2(e)(4). The Inspec- DON SHERWOOD, Anaheim, and the Houston Astros; tor General shall also make recommenda- JOHN E. SWEENEY, Whereas the White Sox have the distinctions as to whether it is appropriate to use DENNIS REHBERG, tion of participating in the longest game such methodology in making a determina- JOHN CARTER, during World Series history of 5 hours and 41 tion of substantial injury. NITA M. LOWEY, minutes; The conference agreement does not include DAVID R. OBEY, Whereas the White Sox, formed in 1901, a provision proposed by the Senate (section JESSE L. JACKSON, Jr., earn the distinction of being world cham- 6126) regarding ‘‘Report on Small Arms Pro- CAROLYN C. KILPATRICK, pions for the first time since 1917, ending an grams’’ that required the Secretary of State STEVEN R. ROTHMAN 88 year drought; to submit a report describing activities and CHAKA FATTAH, Whereas the White Sox swept the Houston progress by the State Department on the de- Managers on the Part of the House. Astros by winning 4 straight games in the struction of small arms and light weapons. MITCH MCCONNELL, World Series; The House did not address this matter. The Whereas Jerry Reinsdorf, Chairman of the conferees direct the Secretary of State to ARLEN SPECTER, JUDD GREGG, Chicago White Sox, has become only the submit, within 180 days of enactment of the third owner to win championships in two Act, the report required by the Senate provi- RICHARD SHELBY, ROBERT F. BENNETT, major sports; and sion. Whereas the White Sox organization, from The conference agreement does not include CHRISTOPHER BOND, MIKE DEWINE, Jerry Reinsdorf, General Manager Ken Wil- a provision proposed by the Senate (section liams, manager Ozzie Guillen, and all the 6127) regarding democracy programs in Iraq. SAM BROWNBACK, THAD COCHRAN, players have reinvigorated America’s pas- This issue is addressed under the heading time and made Chicagoans proud: Now, ‘‘Economic Support Funds’’ in title II of this PATRICK J. LEAHY, DANIEL INOUYE, therefore, be it Act. The House did not address this matter. Resolved by the House of Representatives (the TOM HARKIN, The conference agreement does not include Senate concurring), That Congress joins with BARBARA A. MIKULSKI, a provision proposed by the Senate (section all Americans in congratulating the 2005 DICK DURBIN, 6128) that addressed orphans and displaced World Series Champion Chicago White Sox. and abandoned children. The House did not TIM JOHNSON, address this matter. MARY L. LANDRIEU, The SPEAKER pro tempore. Pursu- The conference agreement does not include ROBERT C. BYRD, ant to the rule, the gentleman from a provision proposed by the Senate (section Managers on the Part of the Senate. Pennsylvania (Mr. DENT) and the gen- 6130) regarding a ‘‘Report on Reciprocity’’. tleman from Illinois (Mr. DAVIS) each The House did not address this issue. f will control 20 minutes. The conference agreement does not include The Chair recognizes the gentleman a provision proposed by the Senate (section from Pennsylvania (Mr. DENT). 6135) regarding police training activities con- REAPPOINTMENT AS MEMBER TO GENERAL LEAVE ducted by the State Department’s INCLE bu- ADVISORY COMMITTEE ON STU- reau. The House did not address this matter. DENT FINANCIAL ASSISTANCE Mr. DENT. Mr. Speaker, I ask unanimous consent that all Members may The conferees direct the Secretary of State The SPEAKER pro tempore. Pursu- to ensure that: (1) training is provided by in- have 5 legislative days within which to structors with proven records of experience; ant to section 491 of the Higher Edu- revise and extend their remarks and in- (2) the bureau has established procedures to cation Act (20 U.S.C. 1098(c)), the order clude extraneous material on H. Con. ensure vetting of trainees for criminal or of the House of January 4, 2005, and Res. 281. terrorist backgrounds and minimum age and upon the recommendation of the ma- The SPEAKER pro tempore. Is there experience requirements; (3) the bureau has jority leader, the Chair announces the objection to the request of the gen- established procedures that set standards for Speaker’s reappointment of the fol- tleman from Pennsylvania? training and provide certification to meet lowing member on the part of the There was no objection. such standards. The conferees further direct House to the Advisory Committee on Mr. DENT. Mr. Speaker, I yield my- the Secretary to submit the report required by the Senate provision within 180 days of Student Financial Assistance for a 3- self such time as I may consume. enactment of the Act. year term: Mr. Speaker, I rise in support of The conference agreement adopts the title Ms. Judith Flink, Morton Grove, Illi- House Concurrent Resolution 281, of- of the bill as proposed by the House. nois fered by the distinguished gentleman

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.097 H02NOPT1 H9534 CONGRESSIONAL RECORD — HOUSE November 2, 2005 from Illinois (Mr. DAVIS). This bill games during the regular season and we savor this sweet victory, we will be would honor the dedication of the Chi- had the best record in the American back next year. cago White Sox in winning the 2005 League. To my friends from Houston, let me World Series. There are a number of amazing just say that I am looking forward to For the first time since 1917, the Chi- things about the 2005 White Sox that eating high on the hog. We had a cou- cago White Sox have had the oppor- stand out. First of all, they led their ple of bets out there, one with Rep- tunity to bask in the national spot- division throughout the season. They resentative POE. I am looking forward light that accompanies winning the have an outstanding group of young to the barbecue. And also I want Rep- Major League Baseball world title. Not pitchers who dominated the regular resentative AL GREEN to know that I only did the title belong to them, but season and the playoffs. They have eat a hearty lunch. So I thank you all. the entire post season did as well. great hitters who come through in the Mr. Speaker, I reserve the balance of They swept the Boston Red Sox in clutch. Perhaps the most impressive my time. three games, defeated the Anaheim An- thing about them is the fact that they Mr. DENT. Mr. Speaker, I yield as gels four games to one to become the believed in themselves throughout the much time as he may consume to the American League Champions, and fi- year and played as a team. gentleman from Illinois (Mr. KIRK), my nally swept the Houston Astros in four When you look at the line-up, there distinguished colleague, who I am told games to clinch the World Series. are no big-name superstars. As a mat- is a Chicago Cubs fan. ter of fact, they remind me of Chicago: Mr. KIRK. Mr. Speaker, I thank the b 2030 blue collar workers getting the job gentleman from Pennsylvania for the The Sox completed an 11–1 done. time. postseason run, showing the world We will never forget the great start- I want to recognize my two col- their perseverance and teamwork. ing rotation of Contreras, Buehrle, leagues and the gentleman from Illi- The White Sox motto of ‘‘Win or Die Garland, and Garcia who pitched four nois (Mr. DAVIS) from the relevant dis- Trying’’ was certainly observed straight complete games during the trict and to say as a die-hard Cubs fan, throughout the entire season, not just championship run. Nor will we forget Congratulations. in the postseason. The Sox showed that the great bullpen led by Politte, Jenks, We all know that had we seen the they were a force to be reckoned with Cotts, Marte, Hermanson, Hernandez Chicago Cubs in the World Series, and by winning 99 games during the course and Vizcaino, which helped secure 11 I can speak from the heart as a of the regular season. They were 66–35 victories throughout the playoffs. The Northsider, it would have been a quasi- in games decided by two runs or less as bats of Konerko, the American League religious experience; but, nonetheless, well as 38–20 in one-run contests. Championship Series Most Valuable to see a Chicago team, especially the The celebration continues for the Player; Jermaine Dye, the World Series White Sox, who had gone without a proud fans of the Chicago White Sox. Most Valuable Player; Crede, Iguchi, World Series victory since 1917, this The team kicked off their victory cele- Uribe, Podsednik, Rowand, Everett, was quite an event. bration by riding triumphantly into Pierzynski, and others keyed an of- We all know where the sympathies of the heart of Chicago. Hundreds of thou- fense that delivered in the clutch. our mayor lie. No question that he is a sands of fans lined the streets of the That offense and defense swept the White Sox fan primarily, and they defi- downtown area to catch a glimpse of defending world champion Boston Red nitely prevailed. the champion White Sox. Even Oprah Sox in three games. They ousted the I will take a point of personal privi- Winfrey cleared a segment of her show Los Angeles Angels of Anaheim in five lege to congratulate two of my con- to honor the team. According to first games; and in the World Series, they stituents, Jerry Reinsdorf, manager of baseman Paul Konerko, ‘‘Chicago is swept the Houston Astros, winning four the White Sox organization; and Bob second city no more.’’ straight games. Mazer, the principal shareholder who I urge all Members to join me in I would think that people like Luis after many years of patient manage- commemorating this momentous event Aparicio, Nellie Fox, Al Smith, Minnie ment and attending to this team pulled for the city of Chicago by adopting H. Minoso, Bill Skowron and others have off a great victory. Con. Res. 281. to look back in retrospect and say how If you lived in the Chicagoland area Mr. Speaker, I reserve the balance of proud they are of this new bunch. for the last couple of weeks, you would my time. I also want to commend Houston for have not been able to find any oxygen Mr. DAVIS of Illinois. Mr. Speaker, I being great competitors and for their in the system. We were all White Sox yield myself such time as I might confine season. The Chicago White Sox all the time, as well as it could be, and sume. have brought a championship to Chi- we only look forward, as a die-hard Mr. Speaker, I represent one of the cago, and for that we are all proud. Cubs fan, to say maybe next year we most interestingly diverse congres- The championship, though, really will have a series on the El, between sional districts in America. It is home pays tribute to all of those who strug- the South side and the North side, with to the Chicago White Sox, home to the gled to get to this point. The great an eventual, someday Cubs victory. Chicago Bulls, home to the Bears. It is teams of the past and their players all Anyway to my colleagues, congratu- home to Oprah Winfrey. It is home to cheered. lations. The South side has prevailed, the Magnificent Mile and all of the I also want to commend Frank and we congratulate you. great downtown Chicago, and so I rise Thomas who got hurt midway through Mr. DAVIS of Illinois. Mr. Speaker, today as a proud Member representing the season, but he never gave up on his of course Dusty Baker likes to come to the area from which the 2005 world teammates; and he was right there all my district to eat catfish at Wallace’s champion Chicago White Sox hail. along cheering them on. Catfish Corner, so we look forward to First of all, I want to thank Rep- We also are, even as we celebrate this that and hope that it would happen. I resentative JOHN SHIMKUS and the en- year, looking forward to next year be- want to thank the gentleman for his tire Illinois delegation for supporting cause we expect them to be back. So, remarks. this resolution. I also want to thank again, to Mr. Reinsdorf, Mr. Einhorn, It is my pleasure to yield as much Speaker HASTERT. He has to be a White the front office, all of the coaches and time as he would consume to the gen- Sox fan for getting this resolution to players, we salute you for an out- tleman from Illinois (Mr. RUSH), who the floor in such a timely manner. standing season. We also salute you for shares the White Sox stadium. As a The White Sox organization, led by being a good neighbor and a good cor- matter of fact, our districts come to- Chairman Jerry Reinsdorf, a con- porate citizen. gether right at the White Sox stadium. stituent of mine, Vice Chairman Eddie One of the things that many people So I do not know if they are more Rush Einhorn, and General Manager Ken do not know about the White Sox is than Davis. Williams, has managed to do what has their ownership and how civically and Mr. RUSH. Mr. Speaker, I want to not been done since 1917. They assem- community involved they are, how rel- thank sponsor of this resolution, my bled a team led by former player and evant they are to the whole city of Chi- friend from the Chicago City Council, now coach Ozzie Guillen that won 99 cago and to the State of Illinois. So, as my friend in the civil rights movement,

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.054 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9535 my colleague here in the Congress, the I have become friends with Jerry Cell will have a metro stop there so Congressman from the Seventh Con- Reinsdorf and Eddie Einhorn and that people from far and near can gressional District, Congressman Kenny Williams; and it just gives me a come. And if my colleagues from the DANNY K. DAVIS, for the lead that he sense of pride, gives my constituents a Cubs part of the city, from the north took in terms of this particular resolu- sense of pride just to know that within side and from the other places, if they tion, the sponsoring of this resolution; the neighborhood that we all reside in want to get on the metro and come to and I want to thank him for all the that we have a world championship Comiskey Park to see some winning work that he does on behalf of not only team there. We have a World Series going on in the City of Chicago, then his constituents but the constituents team there. they are invited to come over. It does of Chicago and the constituents of the Mr. Speaker, the black and the white not take a lot of money. We invite Nation. is all over the City of Chicago. them to come from the north side to Mr. Speaker, it is proper that I would the south side in order to see some vic- b 2045 follow a Cubs fan because for a long tories in the City of Chicago. time the Cubs have been known When I got off the plane last week Mr. DENT. Mr. Speaker, I have no throughout the Nation as being Chi- from Washington here, the whole en- further requests for time, and I reserve cago’s team, and that moniker was tire airport was an avalanche of black the balance of my time. earned because the entire Nation sym- and white all over the airport, and peo- Mr. DAVIS of Illinois. Mr. Speaker, I pathized with the Cubs. They have lost ple from far and near were coming try- yield such time as he may consume to so much and they have lost for such a ing to buy some of the White Sox logos the gentleman from Illinois (Mr. EMAN- long time that they have really kind of and some of the White Sox t-shirts and UEL), who hails right from Cub terri- endeared themselves in their losing some of their paraphernalia. tory, no doubt about it, Wrigleyville. manner to the Nation; and so, there- I am just so proud of this particular Mr. EMANUEL. Mr. Speaker, I thank fore, the Nation has responded to them team. It is really a shot in the arm for my colleague from Chicago for yielding accordingly. those of us who work hard every day, me this time. I may have to go into a But I stand here now to say to the those of us who do the right thing, witness protection plan after this Cubs fans and to all of the Nation real- those of us who really just put our speech, given Wrigleyville is in my dis- ly that there is a team in Chicago now hearts and our minds and our spirit out trict. As a fan of the Chicago Cubs, as that has earned the respect and the on the field. Sometimes we come back those have noted and anybody listening love and the endearment of all the citi- victorious and sometimes we do not tonight knows, the difference between zens of the City of Chicago. We are not come back victorious, but we still go the north side and the south side of Chicago’s team because of sympathy. out and approach our day-to-day ac- Chicago when it comes to baseball is We are Chicago’s team because the Chi- tivities with the kind of zeal and with like deep dish pizza versus thin pizza. cago White Sox have instilled a sense the kind of understanding that this is It is a serious, lifelong fight. of pride in Chicago. Indeed, the Chi- fair. This is fair. We go and put everything, our guts on the ground, and if we I will say as the proud father of an 8- cago White Sox are now the pride of year-old son, who took his son to the Chicago. do that, then sometimes we are able to be victorious. World Series game Sunday in the rain Mr. Speaker, I rise to congratulate and 32-degree weather, which is a little the White Sox for their dominant, ex- The Chicago White Sox have really cemented the fact that if you just work more like a football game than a base- cellent performance in the World Se- ball game, and watched that grand hard you do not have to be the big ries and the playoffs, how they con- slam and being there with my son, it names, you do not have to have the ducted themselves, both as profes- was a great moment. It was a great dazzling system. All you have to have sionals and how they conducted them- moment for baseball, it was a great is an organization of people from the selves as superior and supreme ath- moment for Chicago, and a great mo- elevator operator to the janitor all the letes. They made us all proud, particu- ment for this country. And as a north way up to the president of the com- larly those of my constituents who sider, it was a great season for watch- pany, the owners of the company. If share, as Congressman DAVIS said, ing the Chicago White Sox, a great you have that kind of organization and share the ethos and share the pride and team. share the workman mentality of the you really, really have a single focus, Mr. DAVIS of Illinois. Mr. Speaker, City of Chicago with the Chicago White you have the power of a made-up mind, let me just close by thanking all of Sox. you can accomplish and you can be vic- those who have spoken. And I agree The Chicago White Sox team epito- torious. The Chicago White Sox have with my colleague from Illinois (Mr. mizes the lunch-pail approach, the shown that with the power of the KIRK) when he said that the City of lunch-pail mentality that I would like made-up mind that they could be vic- Chicago and the Chicago White Sox to think all of my constituents rep- torious. have no greater White Sox fan than the resent. This is the team of the little Mr. Speaker, they started out this mayor of the City of Chicago. guy. This is the team of the unheralded year saying they had one thing on their If you have never seen a ticker tape heroes. This is the team that fights mind, that they were going to go to the parade, if you have never seen a real based on heart. They have got big World Series, and they did it. We are outpouring in a city, you should have hearts, not big names, but they have proud of them. They have shown the been there on Friday when Chicago put got big hearts, and their big hearts won way, and I am just so grateful to have on one of the greatest displays of pub- the World Series. the opportunity to come and to speak lic affection upon an athletic team, an Mr. Speaker, this win that we were on behalf of this resolution. So I want athletic enterprise that one could ever able to experience over the last few to congratulate the Chicago White Sox witness. So I want to thank the people days really united the City of Chicago and their entire organization. of Chicago for their great display of unlike it has been united in recent Lastly, Mr. Speaker, before I take support shown to the White Sox. memory. my seat, I just want to say to my col- As a matter of fact, you would have I remember back in 1959 I was a 13- league from the Seventh Congressional thought that there was no other kind year-old lad, living in Cubs territory; District and to others, we will try to do of Sox except White Sox in town. It and although all of my friends and my all that we can to ensure that this was a great season, a great victory. teachers and everybody, all those who I franchise, that this organization, that Again, I congratulate the owners of the was associated with, they all were die- this World Series champion has what it White Sox, I congratulate all of the hard Cubs fans, but Chicago, the White takes in order for them to continue on players and the coaches, and say that Sox, kind of captured my imagination. with their success. we will be back next year. I became a Chicago White Sox fan at 13 I want to let the world know that we Mr. Speaker, I yield back the balance years old when they were in the Amer- will be erecting a new public transpor- of my time. ican League pennant race, and since tation system, a metro system, that Mr. DENT. Mr. Speaker, I urge all of that time I have been following the will have a stop there at the White Sox my colleagues to support the adoption team closely. field there, U.S. Cellular Field. The of House Concurrent Resolution 281.

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.057 H02NOPT1 H9536 CONGRESSIONAL RECORD — HOUSE November 2, 2005 Mr. Speaker, I yield back the balance TORTURE MUST NOT BE in open testimony about the conditions of my time. CONDONED BY THE U.S. under which captives are held. Virtually The SPEAKER pro tempore (Mr. nothing is known about who is kept in the (Mr. MCGOVERN asked and was facilities, what interrogation methods are BOUSTANY). The question is on the mo- given permission to address the House employed with them, or how decisions are tion offered by the gentleman from for 1 minute and to revise and extend made about whether they should be detained Pennsylvania (Mr. DENT) that the his remarks.) or for how long. House suspend the rules and agree to Mr. MCGOVERN. Mr. Speaker, this While the Defense Department has pro- the concurrent resolution, H. Con. Res. morning the top story on the front duced volumes of public reports and testi- 281. page of the Washington Post describes mony about its detention practices and rules The question was taken; and (two- in detail how the CIA has been hiding after the abuse scandals at Iraq’s Abu Ghraib thirds having voted in favor thereof) and interrogating al Qaeda and other prison and at Guantanamo Bay, the CIA has not even acknowledged the existence of its the rules were suspended and the con- prisoners in covert prisons around the current resolution was agreed to. black sites. To do so, say officials familiar globe. No one knows what the rules of with the program, could open the U.S. gov- A motion to reconsider was laid on the game are for the interrogations ernment to legal challenges, particularly in the table. that take place there. There is no ac- foreign courts, and increase the risk of polit- countability, no genuine oversight. In ical condemnation at home and abroad. f fact, information about these facilities But the revelations of widespread prisoner and their practices has been delib- abuse in Afghanistan and Iraq by the U.S. REPORT ON RESOLUTION PRO- erately withheld from the Congress and military—which operates under published VIDING FOR CONSIDERATION OF the American people. In effect, the rules and transparent oversight of Con- gress—have increased concern among law- H.R. 4128, PRIVATE PROPERTY prisoners in these jails simply dis- RIGHTS PROTECTION ACT OF 2005 makers, foreign governments and human appear. rights groups about the opaque CIA system. Mr. GINGREY, from the Committee Mr. Speaker, this is not what Amer- Those concerns escalated last month, when on Rules, submitted a privileged report ica stands for, this is more like Chile Vice President Cheney and CIA Director Por- (Rept. No. 109–266) on the resolution (H. under Pinochet or Argentina under the ter J. Goss asked Congress to exempt CIA Res. 527) providing for consideration of junta. employees from legislation already endorsed the bill (H.R. 4128) to protect private We know now why Vice President by 90 senators that would bar cruel and degrading treatment of any prisoner in U.S. property rights, which was referred to CHENEY is so determined that the final custody. the House Calendar and ordered to be defense appropriations conference report include exceptions to Senator Although the CIA will not acknowledge de- printed. tails of its system, intelligence officials de- MCCAIN’s provision against torture and fend the agency’s approach, arguing that the f the Markey provision prohibiting ren- successful defense of the country requires dition. If those provisions are watered that the agency be empowered to hold and THE MEN WHO GO TO WAR down or struck down by the defense interrogate suspected terrorists for as long (Mr. POE asked and was given per- conferees, then mark my words, Mr. as necessary and without restrictions imposed by the U.S. legal system or even by the mission to address the House for 1 Speaker, America will lose a piece of its soul. Let us reclaim the values and military tribunals established for prisoners minute and to revise and extend his re- held at Guantanamo Bay. marks.) the principles that have made this country great. The Washington Post is not publishing the Mr. POE. Mr. Speaker, in 1599 Shake- names of the Eastern European countries in- speare said this about the men who go Mr. Speaker, the text of the article volved in the covert program, at the request to war: ‘‘From this day to the ending of in today’s Washington Post is as fol- of senior U.S. officials. They argued that the the world, but we in it shall be remem- lows: disclosure might disrupt counterterrorism bered. We few, we happy few, we band [From the Washington Post, Nov. 2, 2005] efforts in those countries and elsewhere and of brothers; for he today that sheds his CIA HOLDS TERROR SUSPECTS IN SECRET could make them targets of possible terrorist retaliation. blood with me shall be my brother.’’ PRISONS (By Dana Priest) The secret detention system was conceived Some of those brothers from south- in the chaotic and anxious first months after The CIA has been hiding and interrogating east Texas who shed their blood in Iraq the Sept. 11, 2001, attacks, when the working some of its most important al Qaeda captives were: assumption was that a second strike was im- at a Soviet-era compound in Eastern Europe, Specialist Adolf C. Carballo, Hous- minent. ton, Army; according to U.S. and foreign officials familiar with the arrangement. Since then, the arrangement has been in- Chief Warrant Officer Andrew Todd The secret facility is part of a covert pris- creasingly debated within the CIA, where Arnold from Spring, Texas, Marines; on system set up by the CIA nearly four considerable concern lingers about the legal- Specialist Scott Q. Larson, Jr., Hous- years ago that at various times has included ity, morality and practicality of holding ton, Army; sites in eight countries, including Thailand, even unrepentant terrorists in such isolation and secrecy, perhaps for the duration of their Captain Andrew R. Houghton, Hous- Afghanistan and several democracies in Eastern Europe, as well as a small center at lives. Mid-level and senior CIA officers began ton, United States Army; arguing two years ago that the system was Lance Corporal Michael B. Wafford, the Guantanamo Bay prison in Cuba, according to current and former intelligence offi- unsustainable and diverted the agency from Spring, United States Marine Corps; cials and diplomats from three continents. its unique espionage mission. Lance Corporal Thomas J. Zapp, The hidden global internment network is a ‘‘We never sat down, as far as I know, and Houston, Marine Corps; central element in the CIA’s unconventional came up with a grand strategy,’’ said one PFC Jesus A. Leon-Perez, Houston, war on terrorism. It depends on the coopera- former senior intelligence officer who is fa- Army; tion of foreign intelligence services, and on miliar with the program but not the location Lance Corporal Fred Maciel, Spring, keeping even basic information about the of the prisons. ‘‘Everything was very reac- Texas, United States Marine Corps; system secret from the public, foreign offi- tive. That’s how you get to a situation where you pick people up, send them into a nether- Staff Sergeant Dexter S. Kimble, cials and nearly all members of Congress charged with overseeing the CIA’s covert ac- world and don’t say, ‘What are we going to United States Marine Corps from Hous- tions. do with them afterwards?’ ’’ ton; The existence and locations of the facili- It is illegal for the government to hold Sergeant Michael T. Robertson, ties—referred to as ‘‘black sites’’ in classi- prisoners in such isolation in secret prisons Houston, Army; fied White House, CIA, Justice Department in the United States, which is why the CIA Staff Sergeant Timothy J. Roark, and congressional documents—are known to placed them overseas, according to several Houston, United States Army; only a handful of officials in the United former and current intelligence officials and Master Sergeant Ivica Jerak, Hous- States and, usually, only to the president other U.S. government officials. Legal ex- ton, United States Army. and a few top intelligence officers in each perts and intelligence officials said that the host country. CIA’s internment practices also would be These brothers died representing the The CIA and the White House, citing na- considered illegal under the laws of several United States of America, this band of tional security concerns and the value of the host countries, where detainees have rights brothers that we will remember. That’s program, have dissuaded Congress from de- to have a lawyer or to mount a defense just the way it is. manding that the agency answer questions against allegations of wrongdoing.

VerDate Aug 31 2005 05:50 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.059 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9537 Host countries have signed the U.N. Con- of law and individual rights after decades of time partners, the intelligence services of vention Against Torture and Other Cruel, In- Soviet domination. Each has been trying to Egypt and Jordan. human or Degrading Treatment or Punish- cleanse its intelligence services of operatives A month later, the CIA found itself with ment, as has the United States. Yet CIA in- who have worked on behalf of others—main- hundreds of prisoners who were captured on terrogators in the overseas sites are per- ly Russia and organized crime. battlefields in Afghanistan. A short-term so- mitted to use the CIA’s approved ‘‘Enhanced ORIGINS OF THE BLACK SITES lution was improvised. The agency shoved its highest-value prisoners into metal shipping Interrogation Techniques,’’ some of which The idea of holding terrorists outside the are prohibited by the U.N. convention and by containers set up on a corner of the Bagram U.S. legal system was not under consider- Air Base, which was surrounded with a triple U.S. military law. They include tactics such ation before Sept. 11, 2001, not even for as ‘‘waterboarding,’’ in which a prisoner is perimeter of concertina-wire fencing. Most Osama bin Laden, according to former gov- prisoners were left in the hands of the North- made to believe he or she is drowning. ernment officials. The plan was to bring bin Some detainees apprehended by the CIA ern Alliance, U.S.-supported opposition Laden and his top associates into the U.S. and transferred to foreign intelligence agen- forces who were fighting the Taliban. justice system for trial or to send them to cies have alleged after their release that ‘‘I remember asking: What are we going to foreign countries where they would be tried. do with these people?’’ said a senior CIA offi- they were tortured, although it is unclear ‘‘The issue of detaining and interrogating whether CIA personnel played a role in the cer. ‘‘I kept saying, where’s the help? We’ve people was never, ever discussed,’’ said a got to bring in some help. We can’t be alleged abuse. Given the secrecy surrounding former senior intelligence officer who CIA detentions, such accusations have jailers—our job is to find Osama.’’ worked in the CIA’s Counterterrorist Center, Then came grisly reports, in the winter of heightened concerns among foreign govern- or CTC, during that period. ‘‘It was against ments and human rights groups about CIA 2001, that prisoners kept by allied Afghan the culture and they believed information generals in cargo containers had died of as- detention and interrogation practices. was best gleaned by other means.’’ The contours of the CIA’s detention pro- phyxiation. The CIA asked Congress for, and On the day of the attacks, the CIA already gram have emerged in bits and pieces over was quickly granted, tens of millions of dol- had a list of what it called High-Value Tar- the past two years. Parliaments in Canada, lars to establish a larger, long-term system gets from the al Qaeda structure, and as the Italy, France, Sweden and the Netherlands in Afghanistan, parts of which would be used World Trade Center and Pentagon attack have opened inquiries into alleged CIA oper- for CIA prisoners. plots were unraveled, more names were The largest CIA prison in Afghanistan was ations that secretly captured their citizens added to the list. The question of what to do code-named the Salt Pit. It was also the or legal residents and transferred them to with these people surfaced quickly. CIA’s substation and was first housed in an the agency’s prisons. The CTC’s chief of operations argued for old brick factory outside Kabul. In November More than 100 suspected terrorists have creating hit teams of case officers and CIA 2002, an inexperienced CIA case officer alleg- been sent by the CIA into the covert system, paramilitaries that would covertly infiltrate edly ordered guards to strip naked an unco- according to current and former U.S. intel- countries in the Middle East, Africa and even operative young detainee, chain him to the ligence officials and foreign sources. This Europe to assassinate people on the list, one concrete floor and leave him there overnight figure, a rough estimate based on informa- by one. without blankets. He froze to death, accord- tion from sources who said their knowledge But many CIA officers believed that the al ing to four U.S. government officials. The of the numbers was incomplete, does not in- Qaeda leaders would be worth keeping alive CIA officer has not been charged in the clude prisoners picked up in Iraq. to interrogate about their network and other death. The detainees break down roughly into two plots. Some officers worried that the CIA The Salt Pit was protected by surveillance classes, the sources said. cameras and tough Afghan guards, but the About 30 are considered major terrorism would not be very adept at assassination. ‘‘We’d probably shoot ourselves,’’ another road leading to it was not safe to travel and suspects and have been held under the high- former senior CIA official said. the jail was eventually moved inside Bagram est level of secrecy at black sites financed by The agency set up prisons under its covert Air Base. It has since been relocated off the the CIA and managed by agency personnel, action authority. Under U.S. law, only the base. including those in Eastern Europe and else- president can authorize a covert action, by By mid–2002, the CIA had worked out se- where, according to current and former in- signing a document called a presidential cret black-site deals with two countries, intelligence officers and two other U.S. govern- finding. Findings must not break U.S. law cluding Thailand and one Eastern European ment officials. Two locations in this cat- and are reviewed and approved by CIA, Jus- nation, current and former officials said. An egory—in Thailand and on the grounds of the tice Department and White House legal ad- estimated $100 million was tucked inside the military prison at Guantanamo Bay—were visers. classified annex of the first supplemental Af- closed in 2003 and 2004, respectively. Six days after the Sept. 11 attacks, Presi- ghanistan appropriation. A second tier—which these sources believe dent Bush signed a sweeping finding that Then the CIA captured its first big de- includes more than 70 detainees—is a group gave the CIA broad authorization to disrupt tainee, in March 28, 2002. Pakistani forces considered less important, with less direct terrorist activity, including permission to took Abu Zubaida, al Qaeda’s operations involvement in terrorism and having limited kill, capture and detain members of al Qaeda chief, into custody and the CIA whisked him intelligence value. These prisoners, some of anywhere in the world. to the new black site in Thailand, which in- whom were originally taken to black sites, It could not be determined whether Bush cluded underground interrogation cells, said are delivered to intelligence services in approved a separate finding for the black- several former and current intelligence offi- Egypt, Jordan, Morocco, Afghanistan and sites program, but the consensus among cur- cials. Six months later, Sept. 11 planner other countries, a process sometimes known rent and former intelligence and other gov- Ramzi Binalshibh was also captured in Paki- as ‘‘rendition.’’ While the first-tier black ernment officials interviewed for this article stan and flown to Thailand. sites are run by CIA officers, the jails in But after published reports revealed the is that he did not have to. these countries are operated by the host na- Rather, they believe that the CIA general existence of the site in June 2003, Thai offi- tions, with CIA financial assistance and, counsel’s office acted within the parameters cials insisted the CIA shut it down, and the sometimes, direction. of the Sept. 17 finding. The black-site pro- two terrorists were moved elsewhere, accord- Morocco, Egypt and Jordan have said that gram was approved by a small circle of White ing to former government officials involved they do not torture detainees, although House and Justice Department lawyers and in the matter. Work between the two coun- years of State Department human rights re- officials, according to several former and tries on counterterrorism has been luke- ports accuse all three of chronic prisoner current U.S. government and intelligence of- warm ever since. abuse. In late 2002 or early 2003, the CIA brokered ficials. The top 30 al Qaeda prisoners exist in com- deals with other countries to establish plete isolation from the outside world. Kept DEALS WITH 2 COUNTRIES black-site prisons. One of these sites—which in dark, sometimes underground cells, they Among the first steps was to figure out sources said they believed to be the CIA’s have no recognized legal rights, and no one where the CIA could secretly hold the cap- biggest facility now—became particularly outside the CIA is allowed to talk with or tives. One early idea was to keep them on important when the agency realized it would even see them, or to otherwise verify their ships in international waters, but that was have a growing number of prisoners and a well-being, said current and former and U.S. discarded for security and logistics reasons. shrinking number of prisons. and foreign government and intelligence offi- CIA officers also searched for a setting like Thailand was closed, and sometime in 2004 cials. Alcatraz Island. They considered the vir- the CIA decided it had to give up its small Most of the facilities were built and are tually unvisited islands in Lake Kariba in site at Guantanamo Bay. The CIA had maintained with congressionally appro- Zambia, which were edged with craggy cliffs planned to convert that into a state-of-the- priated funds, but the White House has re- and covered in woods. But poor sanitary con- art facility, operated independently of the fused to allow the CIA to brief anyone except ditions could easily lead to fatal diseases, military. The CIA pulled out when U.S. the House and Senate intelligence commit- they decided, and besides, they wondered, courts began to exercise greater control over tees’ chairmen and vice chairmen on the pro- could the Zambians be trusted with such a the military detainees, and agency officials gram’s generalities. secret? feared judges would soon extend the same The Eastern European countries that the Still without a long-term solution, the CIA type of supervision over their detainees. CIA has persuaded to hide al Qaeda captives began sending suspects it captured in the In hindsight, say some former and current are democracies that have embraced the rule first month or so after Sept. 11 to its long- intelligence officials, the CIA’s problems

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.103 H02NOPT1 H9538 CONGRESSIONAL RECORD — HOUSE November 2, 2005 were exacerbated by another decision made Yadkin Pee Dee Lakes Project, the David Addington, is another long-time within the Counterterrorist Center at Lang- Badin Museum and the Better Badin Cheney confidante who is part of the ley. Committee, and the League of Munici- same secretive cabal of neocon- The CIA program’s original scope was to palities. servative ideologues, those who have hide and interrogate the two dozen or so al Qaeda leaders believed to be directly respon- Prior to entering elected public serv- deceived, fabricated, and added innu- sible for the Sept. 11 attacks, or who posed ice, Tom served his community in sev- endo to march this country off to a an imminent threat, or had knowledge of the eral other ways. He was a Paul Harris bloody, destructive, and disastrous larger al Qaeda network. But as the volume Fellow and past chapter president of war. of leads pouring into the CTC from abroad his local Rotary Club in Albemarle, Mr. Addington is mentioned in the increased, and the capacity of its para- North Carolina. Tom was also an active Libby indictment, and there is con- military group to seize suspects grew, the member of the Stanly County Chamber vincing evidence that he was part of CIA began apprehending more people whose of Commerce, Stanly County 2000 Com- the campaign to discredit and damage intelligence value and links to terrorism were less certain, according to four current mittee, and maybe most importantly, anyone, including Ambassador Joe Wil- and former officials. Tom was an active member of the Com- son and Valerie Plame Wilson, who The original standard for consigning sus- mittee of Boy Scout Troop 82. questioned the administration’s misuse pects to the invisible universe was lowered Mr. Speaker, this great American an- of intelligence to justify the Iraq inva- or ignored, they said. ‘‘They’ve got many, swered the call to public service at an sion. So this is not exactly an adminis- many more who don’t reach any threshold,’’ early age. As a young man, he entered tration house-cleaning. Instead of a one intelligence official said. military service and distinguished him- badly needed culture change at the Several former and current intelligence of- self among his peers by earning a bat- White House, what we are getting is ficials, as well as several other U.S. govern- tlefield commission, the Silver Star, ment officials with knowledge of the pro- business as usual. and numerous other awards and honors gram, express frustration that the White b 2100 House and the leaders of the intelligence as he served his nearly 2 years in the community have not made it a priority to European Theatre of Operations during One Washington lawyer who knows decide whether the secret internment pro- World War II. Upon returning home, Mr. Addington well described him this gram should continue in its current form, or Tom served for 20 additional years in way in the New York Times: He said, be replaced by some other approach. the North Carolina National Guard. ‘‘There are some people in the govern- Meanwhile, the debate over the wisdom of Mr. Speaker, most of us would con- ment who are diplomats and others in the program continues among CIA officers, sider that life to be full and complete, government who are warriors, and some of whom also argue that the secrecy but not for Tom. Tom was married to Addington certainly falls on the war- surrounding the program is not sustainable. rior side of that line.’’ Great. Just what ‘‘It’s just a horrible burden,’’ said the in- his wife, Anne, until her passing, and telligence official. brought up three children, Ellen, John, we need right now. Another arrogant, Jr., and Lenora, who combined have sharp-elbowed political dark artist. f five children of their own. Tom also Perhaps most disturbing of all, David SPECIAL ORDERS earned a college degree from the Uni- Addington is pro-torture. David Addington is pro-torture. He makes the The SPEAKER pro tempore. Under versity of North Carolina at Chapel rest of the Bush administration look the Speaker’s announced policy of Jan- Hill and was a successful professional like an Amnesty International inspec- uary 4, 2005, and under a previous order in the real estate and insurance indus- tion team. More than a year ago, the of the House, the following Members tries as well. Washington Post described Addington will be recognized for 5 minutes each. Mr. Speaker, as you can see, Tom was extremely dedicated to his family, as ‘‘a principal author of the White f his community, and our Nation. Mr. House memo justifying torture of ter- The SPEAKER pro tempore. Under a Speaker, Tom Garrison embodied the rorism suspects’’ and ‘‘a prime advo- previous order of the House, the gen- great American pride and spirit that cate of arguments supporting the hold- tleman from Minnesota (Mr. GUT- we all desire. He worked tirelessly ing of terrorism suspects without ac- KNECHT) is recognized for 5 minutes. along with his twin brother, Jim, who cess to courts.’’ What a breath of fresh (Mr. GUTKNECHT addressed the was very active in State and local poli- air, especially on the same day that we House. His remarks will appear here- tics, in an effort to create hope, oppor- learned, courtesy of the Washington after in the Extensions of Remarks.) tunity, and prosperity for the people in Post, that the CIA has been running a f his community, region, and State. secret network of prison camps home to some of the most depraved interro- IN HONOR OF JOHN T. GARRISON Mayor Tom Garrison will be remembered by all for his constant cham- gation techniques, often on detainees The SPEAKER pro tempore. Under a pioning on behalf of his constituents who do not have any useful intelligence previous order of the House, the gen- and his willingness to dedicate his life to offer us. It is no wonder the Vice tleman from North Carolina (Mr. to public service. I am proud to call President’s office has been trying to HAYES) is recognized for 5 minutes. Tom a friend and a neighbor, and I water down an anti-torture amend- Mr. HAYES. Mr. Speaker, I rise to- deeply regret his passing. ment, which passed the Senate 90 to 9, night to talk about a lifelong dedicated Tom, like many other champions to allow an exemption for the CIA to public servant and friend who has re- around the Nation, did not seek public continue cruel and degrading treat- cently passed away. I am referring to recognition for his efforts. He simply ment of prisoners. John T. Garrison, Sr. To his family and wanted to make the lives of the people David Addington, a man privileged to friends he was simply known as Tom. in his community the best they could occupy a position of authority in our Tom was the only mayor that the be. government, has used his post to advo- town of Badin, North Carolina, has f cate ferociously for a war in which he known since its incorporation in 1990. is asked to sacrifice nothing. Tom was extremely active in day-to- LIBBY REPLACEMENT MORE OF Compare him to a modest and ordi- day operations of the town and with THE SAME OLD THING nary citizen laid to rest earlier today, little or no dissent could be described The SPEAKER pro tempore. Under a Rosa Parks, who took personal risks to as the number one advocate for this previous order of the House, the gentle- correct an injustice and ensure that small Stanly County community. woman from California (Ms. WOOLSEY) America lived up to her ideals. In addition to guiding the town of is recognized for 5 minutes. And compare Mr. Addington’s cyni- Badin, Tom was also active on numer- Ms. WOOLSEY. Mr. Speaker, the cism to the fresh idealism I saw first- ous boards and commissions through- more things change, the more they hand when I visited our soldiers in Iraq out the region. Tom served in leader- stay the same. The resignation of a month ago. These young Americans ship roles with the Stanly County Vis- Scooter Libby as the Vice President’s are selfless and heroic beyond belief. itor and Tourism Bureau, the Rural chief of staff after receiving a five- Some of them do have personal mis- Planning Organization for Stanly, count indictment was appropriate and givings about our Iraq policy, but they Anson and parts of Union counties, the welcome. But Mr. Libby’s replacement, know it is not their job to question the

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.105 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9539 mission, just to execute it. And this savings. This bill would help to ensure American Logistics Association. they do, knowing they could lose life or that that does not happen. AMVETS. limb. Men and women who wear the The need for this legislation, Mr. Army Aviation Association of America. uniform are the very best America has Speaker, was brought to my attention Association of Military Surgeons of the United States. to offer. It pains me to think that their by Captain Michael Ceres, a con- Association of the United States Army. fates actually rest in the hands of the stituent stationed at Marine Corps Air Chief Warrant Officer and Warrant Officer likes of David Addington. Station New River. Captain Ceres, who Association of the United States Coast Our troops deserve better. They de- just returned from Operation Iraqi Guard. serve civilian leaders as principled and Freedom, contacted my office and sug- Commissioned Officers Association of the patriotic as they are. What they de- gested that Congress institute this United States Public Health Service Inc. serve most of all is a change in policy, change to ease the burden on grieving Enlisted Association of the National Guard one that ends this war and returns military families. of the United States. Mr. Speaker, I am able to report that Fleet Reserve Association. them home to their families as soon as Gold Star Wives of America. possible. the Joint Committee on Taxation has Jewish War Veterans of the United States of f scored this legislation at no cost, America. meaning that the actual cost of this The SPEAKER pro tempore (Mr. Marine Corps League. proposal is less than $500,000 over 9 Marine Corps Reserve Association. BOUSTANY). Under a previous order of years. Military Chaplains Association of the United the House, the gentleman from North We owe it to our fallen military he- States of America. Carolina (Mr. MCHENRY) is recognized roes to expand the options of families Military Officers Association of America. for 5 minutes. who receive the death gratuity, fami- Military Order of the Purple Heart. (Mr. MCHENRY addressed the House. National Association for Uniformed Serv- lies who have paid the ultimate cost His remarks will appear hereafter in ices. with the loss of their loved one. the Extensions of Remarks.) National Guard Association of the United H.R. 3478 has also received the en- States. f dorsement of The Military Coalition, a National Military Family Association. ORDER OF BUSINESS consortium of prominent national mili- National Order of Battlefield Commissions. tary and veterans organizations that Naval Enlisted Reserve Association. Mr. JONES of North Carolina. Mr. represent more than 5.5 million mem- Naval Reserve Association. Speaker, I ask unanimous consent to bers plus their families. Navy League of the United States. take my Special Order at this time. Mr. Speaker, 36 organizations sup- Non Commissioned Officers Association. The SPEAKER pro tempore. Is there Reserve Enlisted Association. port H.R. 3478. Let me just name a few: Reserve Officers Association. objection to the request of the gen- the Air Force Association, AMVETS, tleman from North Carolina? The Retired Enlisted Association. Association of the United States Army, Society of Medical Consultants to the Armed There was no objection. Marine Corps Reserve Association, Na- Forces. f tional Guard Association of the United United Armed Forces Association. States, Naval Reserve Association, United States Army Warrant Officers Asso- H.R. 3478: AMEND THE INTERNAL ciation. REVENUE CODE TO PERMIT United Armed Forces Association, Vet- erans of Foreign Wars, and many oth- USCG Chief Petty Officers Association. MILITARY DEATH GRATUITY TO Veterans of Foreign Wars. BE CONTRIBUTED TO CERTAIN ers. Veterans’ Widows International Network. And, Mr. Speaker, let me also say TAX-FAVORED ACCOUNTS that we have bipartisan support for Mr. JONES of North Carolina. Mr. The SPEAKER pro tempore. Under a this legislation already, and I will in- Speaker, in this letter from the Coali- tion, they wrote: ‘‘The new $100,000 previous order of the House, the gen- sert into the RECORD those groups that tleman from North Carolina (Mr. do support this legislation. death gratuity provides greatly improved compensation for the military JONES) is recognized for 5 minutes. THE MILITARY COALITION, Mr. JONES of North Carolina. Mr. Alexandria, VA, October 26, 2005. survivors and their families. H.R. 3478’s Speaker, our men and women in uni- Hon. WALTER JONES, Jr., provision to allow survivors to invest form serve this Nation with great House of Representatives, death gratuity lump sums in Roth honor and distinction. Many give their Washington, DC. IRAs and certain other savings ac- lives for this country. It is for this rea- DEAR REPRESENTATIVE JONES: The Military counts is a logical extension of efforts son I have introduced H.R. 3478, a bill Coalition (TMC), a consortium of nationally to increase protection and benefits for prominent military and veterans organiza- to permit military families who receive military widows and their families. tions, representing more than 5.5 million ‘‘We pledge our strong support in the death gratuity to invest the full members plus their families and survivors, is amount into certain tax-favored ac- writing to express our strongest support for seeking enactment of this important counts. H.R. 3478. This bill would allow military sur- legislation.’’ Mr. Speaker, as the Members may vivors additional savings options for the in- Mr. Speaker, today, I call upon my know, a death gratuity is a $100,000 creased death gratuity amounts first author- colleagues to support H.R. 3478 to ex- payment paid to survivors of service- ized in the FY2005 Emergency Supplemental pand the options of our military fami- members whose death resulted from Appropriations Act and expected to be per- lies whose loved ones have given their manently authorized in the FY2006 National combat-related circumstances. Current lives in the name of freedom and in the Defense Authorization Act. defense of our Nation. tax law limits the amount that recipi- The new $100,000 death gratuity provides ents of the death gratuity can place in greatly improved compensation for the mili- Mr. Speaker, I close by asking God to tax-preferred accounts such as Roth, tary survivors and their families. H.R. 3478’s please bless our men and women in uni- IRA, Health Savings Accounts, Archer provision to allow survivors to invest death form, I ask God to please bless the fam- Medical Savings or Coverdell Edu- gratuity lump sums in Roth IRAs and cer- ilies of our men and women in uniform cation Savings Accounts. This legisla- tain other savings accounts is a logical ex- who have lost ones, and I ask God to tion would change that to allow recipi- tension of efforts to increase protections and please bless America. benefits for military widows and their fami- ents to contribute up to the full lies. f amount of the gratuity payment to any The Military Coalition thanks you for in- one of those accounts. troducing this legislation and for your lead- TRICKLE-DOWN ECONOMICS Mr. Speaker, as the families of our ership on issues affecting all servicemembers The SPEAKER pro tempore. Under a fallen heroes try to put their lives back and their families. We pledge our strong sup- previous order of the House, the gen- together, they need all the help they port in seeking enactment of this important tleman from Oregon (Mr. DEFAZIO) is can get. They should not have to worry legislation. recognized for 5 minutes. Sincerely, about saving the death gratuity to pay The Military Coalition: Mr. DEFAZIO. Mr. Speaker, the Re- for health care, college, or other ex- Air Force Association. publicans have attempted to remake penses and then have the government Air Force Sergeants Association. themselves as fiscal conservatives de- come in and tax the interest on that Air Force Women Officers Associated. spite the fact that, with George Bush

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.064 H02NOPT1 H9540 CONGRESSIONAL RECORD — HOUSE November 2, 2005 in the White House and the Repub- for a living, they will pay on every This mega-landfill will cover almost licans in charge of the House and the penny of income. Somebody who earns 500 acres, reach a height of 280 feet, ex- Senate, that the debt of the United $25,000 a year will pay a tax rate at tend 2.5 miles in length, and upon full States of America has increased by 62 about three times the person who in- construction will be visible 20 miles percent, over $8 trillion. They are bor- vests in stocks and realizes capital away. The giant landfill would cram rowing $1.4 billion a day to run the gains. the garbage of over 100 million people government. They are borrowing every This is their vision of the world: in over 20 States into a county with penny of the Social Security surplus trickle down economics, trickling on less than 9,000 people. Garbage from and spending it on other things, includ- the majority of America and last year New York City would be barged in ing tax cuts for the wealthy. trickling on 99 percent of the people in mass into a tidewater port and trans- Now they want to cut. What do they America. It is working well, they say, ported via a fleet of 1,000 garbage truck want to cut? Students loans, Medicare, and we should do more of the same. trips per day on congested roads and Medicaid, foster care, and other pro- And, ironically, they want to borrow bridges, including the Federally-funded grams that are important to struggling money to perpetuate this. They are Route 17, which connects Virginia and American families, under the guise of going to take all the Social Security North Carolina. fiscal responsibility. surplus and spend it in part to finance One would trust that, given some- Now they want to do $50 billion of these long-term tax cuts for the thing of this magnitude, that careful cuts, but they also want to do $70 bil- wealthiest among us. consideration, study, and deliberation lion of tax cuts for the wealthiest They should be ashamed, and trickle- would have been conducted prior to ap- among us. They want to make perma- down economics does not work. proval. One would trust that, since this nent the cuts in capital gains taxes. mega-landfill will be situated in the f They want to reward wealth, not work; midst of one of the most ecologically The SPEAKER pro tempore. Under a and they want to make permanent the valuable wetland areas on the East previous order of the House, the gen- cuts in dividend taxes. In order to fa- Coast, that public hearings were held, tleman from Nebraska (Mr. OSBORNE) is cilitate that, they want to cut these detailed surveys conducted, and sci- recognized for 5 minutes. other programs. entists and ecologists consulted. One They want to benefit approximately 1 (Mr. OSBORNE addressed the House. would trust that, given the fact that percent of the society, those who earn His remarks will appear hereafter in this landfill would be situated in a over $300,000 a year and have estates the Extensions of Remarks.) flood zone and within storm surge area worth more than $6 million. But one f for major hurricanes, that emergency plans had been formulated and Federal thing we have got to give them is they ORDER OF BUSINESS are relentless and consistent and they agencies sought for advice. One would are successful. Last year, the IRS says Mr. FORBES. Mr. Speaker, I ask certainly trust the very people who that 99 percent of the people in Amer- unanimous consent to take my Special live, work, and rear their children in ica saw their real incomes decline. Ev- Order at this time. this area would have had an oppor- erybody who earned less than $300,000 The SPEAKER pro tempore. Is there tunity for public input. after inflation saw a decline. Up to $1.3 objection to the request of the gen- But, Mr. Speaker, that is not the million, they did okay. Over $1.3 mil- tleman from Virginia? case. No water quality studies were lion, they did phenomenonally well. There was no objection. conducted by the Corps, no ecological Now the President’s Tax Commission f studies performed by the EPA, no Fed- says that is exactly what the future eral advice, no warnings. CAMDEN COUNTY LANDFILL But here is the real issue: Had this should be. That is trickle down. We dump site been proposed less than 1,000 want more for the wealth, not for those The SPEAKER pro tempore. Under a yards north in Virginia, it would have who work. previous order of the House, the gen- Their proposals are extraordinary. tleman from Virginia (Mr. FORBES) is been subject to all the appropriate They would say that dividends should recognized for 5 minutes. scrutiny. There would have been public be free of tax. So if one is someone who Mr. FORBES. Mr. Speaker, most of input, Federal agency comment, analysis of alternative sites, and environ- is lucky enough to be born into a us believe we are sent to Washington, mental studies, all because the site wealthy family, they inherit millions DC, to protect the health, safety, and would have been located within a dif- of dollars and they invest it in divi- welfare of the people we represent. I ferent district of the Army Corps. dend-paying stocks, they would never rise today with deep concern that the pay a penny in Federal taxes because inaction of two Federal agencies is b 2115 they are a wealth creator, they are a threatening the welfare of my constitu- How is it that on one side of the bor- job generator, they are trickling down ents and the environmental treasures der small farmers and businesses are on the rest of America. Is that not nice of my district. subject to intense scrutiny from the of them? But they would not con- As I speak, the Army Corps of Engi- Army Corps, whereas on the other side tribute to the society. neers and the Environmental Protec- of the border a 500-acre landfill does And then we have stocks. Well, on tion Agency are sitting on their hands not even raise a Federal eyebrow? And stocks they want to say 75 percent of witnessing the possible construction of if dumping 83 million tons of garbage the gain should be tax-free, again bene- one of the largest landfills in America in a flood zone does not require the fiting, for the most part, the same peo- near the Virginia-North Carolina bor- EPA to do an environmental study, ple. But the funny thing they are doing der. what does? here is they want to talk about wealth While it saddens me that the elected It is inconceivable to me that the creators and entrepreneurs, but they officials of one of North Carolina’s Federal Government is allowing bu- stick it to the small business people. most beautiful counties would pollute reaucratic entanglements and inertia If one has a small business, they their community with the garbage of to obstruct its most primary duty, to build it up and they sell it for a million over 20 States, I do not represent that protect the citizens and resources of bucks, guess what? Their tax rate is 33 county. However, when the safety and the United States. I urge General percent under the President’s new pro- drinking water of my constituents and Strock and the Army Corps of Engi- posal. But if they have been specu- the ecological health of my district is neers to resolve the internal discrep- lating in the stock market, they would put at risk, I cannot remain silent. ancies that allow a landfill that im- only have to pay at 8 percent. If they Camden County, North Carolina, has pacts two areas so similarly to be had been happy enough or lucky approved a mega-landfill to be located treated so differently. And I call upon enough to inherit money and clip divi- less than 1,000 yards south of the City the Environmental Protection Agency dend coupons, they would have paid 0 of Chesapeake, Virginia, and adjacent to step up to the task they have been percent. But, no, if they built up their to two environmental treasures: the charged with, to protect the environ- small business, they are going to pay 33 Dismal Swamp Canal and the Dismal ment and preserve it for our children percent; and those suckers who work Swamp National Wildlife Refuge. and grandchildren.

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.067 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9541 FEED THE RICH, STARVE THE lion, the oil and gas bill. The Repub- The SPEAKER pro tempore. Under a POOR lican Congress, when it comes to Big previous order of the House, the gen- The SPEAKER pro tempore (Mr. Oil, is the gift that keeps on giving. tleman from Michigan (Mr. STUPAK) is CONAWAY). Under a previous order of There is a cost to this corruption. It recognized for 5 minutes. the House, the gentleman from Illinois comes in the stripes and colors of a $14 (Mr. STUPAK addressed the House. billion taxpayer subsidy to Big Oil, (Mr. EMANUEL) is recognized for 5 min- His remarks will appear hereafter in utes. who are making record profits. Phar- the Extensions of Remarks.) maceutical companies are one of the Mr. EMANUEL. Mr. Speaker, we are f in the midst of an energy crisis. Gas is biggest contributors. They get $132 billion in additional profits in the pre- The SPEAKER pro tempore. Under a around three bucks a gallon and utili- previous order of the House, the gen- ties are now predicting that families scription drug bill. You have an energy bill that we talked about. You have a tleman from Texas (Mr. BURGESS) is could pay as much as 70 percent more recognized for 5 minutes. to heat their homes this winter. Nat- corporate tax bill. They were trying to figure out a $5 (Mr. BURGESS addressed the House. ural gas prices are so high, the Energy billion problem, so what do we do? We His remarks will appear hereafter in Department predicts that the average took $150 billion and threw it at that the Extensions of Remarks.) bill will be $350 more this winter. Home problem. Who is picking up the tab? f heating oil, used by many in the North- The taxpayer. There is a cost to the The SPEAKER pro tempore. Under a east and the Midwest, has skyrocketed. taxpayers of this country for the cul- But while American families struggle previous order of the House, the gen- ture of corruption. We saw it in the en- with sky-high energy bills, oil and gas tleman from Georgia (Mr. WESTMORE- ergy bill. And now all of a sudden Re- LAND) is recognized for 5 minutes. companies are facing an entirely dif- publicans are all upset with figuring ferent crisis: what to do with all the (Mr. WESTMORELAND addressed out what they are going to do to really the House. His remarks will appear cash. For example, Exxon-Mobil re- punish Big Oil. cently reported that their profits in- hereafter in the Extensions of Re- I say it is time we give the taxpayers marks.) creased by 75 percent in the third quar- back their $14 billion in taxpayer sub- ter. Their revenues were $100 billion. sidies from the oil companies, the $2 f Shell said that their earnings increased billion back from the refiners, and let OUT OF IRAQ CAUCUS 68 percent; Phillips’ third quarter, 89 the marketplace work its wonder. You The SPEAKER pro tempore. Under percent; BP-Amoco, a 34 percent rise in want to do your business plan, you will the Speaker’s announced policy of Jan- quarterly earnings. do your business plan; but I am not uary 4, 2005, the gentlewoman from American families are struggling having the taxpayer subsidize you, all California (Ms. WATERS) is recognized with massive energy bills that are cut- the while we are going to literally cut for 60 minutes as the designee of the ting into their living expenses while assistance this winter to our elderly minority leader. energy companies are reaping huge and our most vulnerable. profits. Henry Hubble, the vice presi- You cannot give out money fast Ms. WATERS. Mr. Speaker, I come dent for Exxon-Mobil, head of investor enough to the energy companies who before the House this evening as one of relations, said, ‘‘You just got to let the are making massive profits, and then the organizers of the Out of Iraq Cau- marketplace work.’’ on the other hand cut funding for those cus to talk about what we have done in I agree with the oil companies, let who need it most. You cannot have a that caucus, what we are attempting to the marketplace work. Now, what do I policy in this country that says to the continue to do, and where we feel we mean by that? This Congress, the Re- oil companies, who are reaping huge are at this point. publican Congress, gave Big Oil $14 bil- profits, that is their business, but we We now have 69 Members who have lion in taxpayer subsidies to drill for should not subsidize their business, we signed up as part of the Out of Iraq oil. I am tired of this corporate wel- are going to give you more while we Caucus. We have been meeting on a fare. cut those who are struggling. Those are regular basis. We have had invited You want to do your business plan? not the values of this country, those speakers and experts come to our cau- Go drill for oil. We are not going to are not the values of the Democratic cus to talk about the war in Iraq, to subsidize it so people have to pay three Party, and, most importantly, thank talk about our image in the world as it bucks a gallon at the pump and on God, those are not the values of the relates to the war in Iraq, to talk April 15 have to subsidize the oil com- American people. about any number of subjects to help panies, who are making $100 billion of We need a change. We need new prior- us try and guide this House and this revenue a year, $9 billion in a single ities. These are the wrong priorities for Nation on this war. We think it is ex- quarter, profits up 89 percent, record America’s future. We can do better, Mr. tremely important for the Members of numbers; and what are we asking the Speaker. It is time we return the peo- Congress to be involved in this way be- taxpayers to do, struggling to make ple’s House to the people. When that cause there are so many questions that ends meet for housing, education, gavel comes down, Mr. Speaker, it is are being raised by the American pub- health care needs? We are going to sub- intended to open the people’s House, lic about the war in Iraq. sidize Big Oil, and while we are on top not the auction house; and when it When we organized this caucus, we of it, we are going to cut home heating comes to the energy bill and prescrip- did not organize the caucus with the assistance for the elderly in this coun- tion drug bill, the corporate tax bill, conclusion that we had to get out right try. this House has looked like the auction now. We did not organize the caucus What Congress would actually cut house. with the strategy to adopt an exit home heating assistance for senior citi- f strategy or to try and force the admin- zens, yet provide Exxon-Mobil $16 bil- The SPEAKER pro tempore. Under a istration to adopt an exit strategy. We lion to execute their business plan? A previous order of the House, the gen- did not organize the caucus around the Republican Congress, of course. tleman from Ohio (Mr. BROWN) is rec- idea that we should stay there for as Now, this should make sense to you ognized for 5 minutes. long as it takes to train Iraqi soldiers for one simple reason: since 1980, the (Mr. BROWN of Ohio addressed the and then exit. big oil companies have contributed $220 House. His remarks will appear here- We simply organized the Out of Iraq million to the Republican Party in after in the Extensions of Remarks.) Caucus because we all felt that we total, to candidates, and they get $16 f must get out of Iraq, and we did not try billion in return. You cannot get an in- The SPEAKER pro tempore. Under a to say when. We did not even try to say vestment like that even on Wall previous order of the House, the gen- how. We wanted to bring together the Street. They are one of the largest con- tleman from Utah (Mr. BISHOP) is rec- kind of discussion that would lead us tributors to the Republican Congress ognized for 5 minutes. to adopting the right kind of strategy, and the Republican Party, and they get (Mr. BISHOP of Utah addressed the to provide some leadership to the Con- a huge taxpayer-funded bailout when House. His remarks will appear here- gress of the United States and to this you consider the refining bill for $2 bil- after in the Extensions of Remarks.) administration.

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.070 H02NOPT1 H9542 CONGRESSIONAL RECORD — HOUSE November 2, 2005 While we have been doing that, over getting muddled information about about 100 Iraqi soldiers. It was the fifth 2,032 U.S. soldiers died while serving in how many Iraqi soldiers have been operation launched in late spring, early Iraq as of November 2. In the month of trained. We have been told numbers summer 2005, designed to pressure in- October, 93 United States soldiers died that we cannot confirm. We have been surgents in the country’s expansive in Iraq. October was the fourth dead- told that it is just a matter of time be- and restive Anbar province west of liest month for U.S. soldiers since the fore we will have trained enough of Baghdad. war began on March 29, 2003, and the these soldiers to whom we can turn We are not in control of what is hap- deadliest since January when 106 U.S. over the operations. pening with this war that we launched soldiers died. The second most violent We have had all of these different because there were supposedly weapons month was November 2004, when Amer- military operations. We started out of mass destruction. We are losing our icans battled Sunni Arab rebels in with Operation Iraqi Freedom, which soldiers. We are not getting Iraqi sol- Fallujah. The third most violent was the name of the entire Iraqi effort diers trained. The President of the month was in April 2004, when U.S. sol- that began in March of 2003. At its United States said we may be there for diers fought militiamen loyal to the height, we had over 300,000 troops in the next 10 years. Shiite cleric in Najaf. More than 15,353 the region. Currently, we have about The American people have had U.S. soldiers have been injured while 139,000 U.S. soldiers in Iraq. enough. I believe that those of us who serving in Iraq, and we are told there We had Strike and Awe, which de- are working in the Out of Iraq Caucus are over 404 amputees. scribed the initial military action in have had enough. It is time for us to The administration has allocated the opening hours and days of the war. review what we are doing. It is time for about $357 billion for military oper- We have had Operation River Gate, us to call on this President to tell the ations, reconstruction, embassy costs, which took place in the al Anbar Prov- American people when and how we are and various foreign aid programs in ince near the Syrian border. American going to get out, and we cannot accept Iraq and Afghanistan since the Sep- forces were trying to retake three that we will be there until hell freezes tember 11 attacks. Of that $357 billion, towns from al Qaeda insurgents. over if that is what it takes. $251 billion of that total has been for We cannot accept that all of these b 2130 Iraq and about $82 billion for Afghani- operations have not worked. We cannot stan. Some 2,500 U.S. troops along with accept that we cannot find a way to Mr. Speaker, we are told, despite Iraqi forces participated in Operation stop these roadside bombings. We can- these casualties, despite these ampu- River Gate. not accept that we are bleeding the tees, despite what appears to be our in- Then we had Operation Iron Fist, American taxpayer dollars with over $1 ability to get a handle on the insur- similar to Operation River Gate, which billion a week being spent in Iraq and gents and all of these roadside bomb- occurred shortly before Operation over $1 billion a month being spent in ings, we are told that we are winning River Gate. Afghanistan. So we come here tonight this war. As a matter of fact, the Presi- Then we had Operation Lightning to challenge the President and this ad- dent rolled out May 1, 2003, on an air- launched in early May 2005, to break ministration. craft carrier all decked out in the prop- the insurgency. Approximately 40,000 Mr. Speaker, I am going to yield to er dress to accompany his speech and Iraqi troops and 10,000 U.S. soldiers my colleagues who have come here to said ‘‘mission accomplished.’’ were deployed in and around Baghdad. discuss this very, very serious matter The American public has trusted that Then we had Operation Matador. Op- with us. First, my good friend and col- this administration knew what it was eration Matador was launched in the league, the gentleman from Massachu- doing. They gave the administration first weeks of May 2005, after U.S. in- setts (Mr. MCGOVERN). the benefit of the doubt, even when Mr. telligence showed insurgents had Mr. MCGOVERN. Mr. Speaker, I want Rumsfeld was being urged by people moved into the northern Jazirah to thank the gentlewoman from Cali- much more expert than he that we did Desert after the losses in the cities of fornia (Ms. WATERS) for her leadership not have enough troops on the ground Fallujah and Ramadi. in the Out of Iraq Caucus and for her in order to win the war. He insisted Operation Spear began on June 17, leadership in the effort to achieve that he knew better what he was doing. 2005, with 1,000 Marines and Iraqi sol- peace and to achieve a more rational He did not increase those numbers. The diers in western Iraq to hunt for insur- U.S. foreign policy and to do the right American public sees now that he did gents and foreign fighters. Operation thing on behalf of our country. not know what he was talking about. Spear took place in the Anbar prov- The American public has stayed with Mr. Speaker, I believe that the war in ince. The operation came one day after this administration despite the fact Iraq was wrong. I believe it was a mis- Air Force Brigadier General Don Al- that the President said that we were take. This was a war based on fix. ston called the Syrian border the worst going to get enough money from the oil There were no weapons of mass de- problem in stemming the influx of for- wells in Iraq to take care of rebuilding struction. There were no ties to al eign fighters to Iraq. Syria is under in- the infrastructure. That has not hap- Qaeda. There were no nuclear weapons. tense pressure from Washington and pened. The insurgents continue to blow There was no imminent threat to the up the oil wells. We have gotten no Baghdad to tighten control of its po- United States. And with the acquies- money from the oil in Iraq. rous 380-mile border with Iraq. Yet we cence of this Congress, I am sad to say The American people continue to try do not know whether or not the insur- this country rushed into a war, a war and trust the President of the United gents are really the Sunnis and al that has turned out to be a violent States, but the lack of getting a handle Qaeda inside Baghdad, inside Iraq, or quagmire, a war with no end. on these insurgents and the killing of really all of the insurgents coming Mr. Speaker, we have already spent our soldiers, the lack of getting any from Syria. some $300 billion on this war in Iraq. profits from the oil wells, the lack of Operation Dagger. About 1,000 U.S. There is no end in sight. We are told being in control and getting a handle Marines and Iraqi troops, backed by that if we are there for another 2 years on what is going on in Iraq is causing fighter jets and tanks, launched a sec- that the figure will be up to $1 trillion. the American people to move away ond offensive Saturday against insur- Now, think about it. What could we from support for the President of the gents operating in restive Anbar prov- do with hundreds of billions of dollars? United States and this war. ince. That was called Operation Dag- We could reduce our deficit and reduce At first, the American public was ger. Operation Dagger aims to uncover the debt. We could actually do some- saying, no, we do not like the way this insurgent training camps and weapons thing very important in helping to in- administration has handled this war, caches in the southern part of the Lake sure some of the millions of Americans but we think perhaps the President Tharthar area in central Iraq, 85 kilo- who do not have health insurance in may be right. Perhaps we need to stay meters northwest of Baghdad. this country. We could help to rebuild there until we have trained enough And now, Operation Sword. Oper- our schools and provide a first-class Iraqi soldiers to wind out of the war. ation Sword included about 1,000 U.S. education to every single young person But that does not appear to be hap- Marine soldiers and sailors from Regi- in this country. We could rebuild our pening. As a matter of fact, we keep mental Combat Team-2, as well as infrastructure. Or we can put it toward

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.076 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9543 helping our veterans who have fought nothing could be farther from the alike, have been asking, and that is, in the wars over the years, who have truth. what was the intelligence that brought given so much of themselves, and who Let me tell you, it takes absolutely us into this war? Was it exaggerated? are sick and tired of getting nickled no courage at all for anybody in this How was it manipulated? How could we and dimed by this Congress with budg- House or in the United States Senate have gotten it so wrong? ets that underfund the veterans’ affairs or in this administration to wave the I want to tell my colleagues, Mr. every single year. American flag and say, stay the course Speaker, I think Democrats and Repub- Mr. Speaker, I personally believe and send more troops. It takes no cour- licans alike believe, I am not saying in that the policy that we should pursue age at all. Because it is not us whose this Chamber, but I am saying is one that requires the United States lives are on the line and, with very few throughout the country, believe that to end our involvement in Iraq. I have exceptions, it is not our children whose if, in fact, there are people in this ad- legislation that I have introduced that lives are on the line. Over 2,000 Ameri- ministration who intentionally and de- requires an end to the war in Iraq now, cans have lost their lives in a conflict liberately exaggerated intelligence and not 6 months from now, not a year that the President of the United States manipulated intelligence to get us into from now, not at some date to be deter- said would be a relatively short con- this war, then those people should be mined by the President. We have given flict that would be easily manageable fired and fired now. him his chance, and he has come back and that would not entail these casual- What you saw was Scooter Libby’s and said that he just wants to stay ties. He was wrong. Two thousand indictment is just the tip of the ice- there for the next decade. He does not Americans have now died, over 2,000 berg. Quite frankly, the President seem to be mindful of the fact that ev- Americans. That is not counting the should fire Karl Rove now. He lied to erything that he said about this war tens of thousands of innocent Iraqis the President of the United States. He has turned out to be false. who have lost their lives. lied to the American people. He told I want this war ended now. I think The President and his administration the President, along with Mr. Libby, the majority of people in this country was wrong on this. We were not told that they had no knowledge of who want this war ended now. They realize the truth. I sat through all of those leaked Valerie Plame’s identity to the that this huge U.S. presence in Iraq classified briefings with the Secretary press. We now know that that is a lie. right now is not calming the violence. of State, with the Secretary of Defense, And the fact that this President sees They realize that we are now a major with all of the intelligence agencies no problem with keeping his top aide part of the problem. that they brought up here to tell us on after this man lied about something There was no al Qaeda in Iraq before about what this war would be if we got so serious, quite frankly, is very dis- we got in Iraq. It is not just al Qaeda. into it, and everything they said was turbing to this Member of Congress. It is other terrorist organizations, wrong. These are serious matters. War is a quite frankly, that are now sticking Now, one of two things explains that big deal. This is not something to be their nose in Iraq, trying to get at the fact. One, either our intelligence agen- taken lightly. The great English con- United States. It is not about the fu- cies are just so incompetent and so servative Edmund Burke once said, ‘‘A ture of Iraq. It is about the United dumb that they got everything wrong; conscientious man would be cautious States of America. or, two, that this intelligence was ex- in how he dealt with blood.’’ This ad- Now I believe that the time has come aggerated. Now, I do not believe that ministration claims to be conservative. for the President to authorize an or- our intelligence agencies are dumb. I Well, they should heed Edmund derly and safe withdrawal of our do not believe our intelligence agencies Burke’s words. They have been too cas- troops. The legislation that I have in- could get anything that wrong. We ual with how they have dealt with troduced calls for that, right now. If it spend billions of dollars each year in blood. They have been too casual with passes today, it would begin today. The supporting our intelligence agencies. I how they have deployed our troops legislation says that we can support all do not think, I do not believe that any- overseas. efforts to make sure that our troops body believes that they got it that And the indifference that we see each have a safe and orderly withdrawal wrong. and every day at press briefings by from Iraq. It says that we can support What I think most people believe is White House spokespeople, by the reconstruction efforts in Iraq, which I that the intelligence that was pre- President; you never hear from the think is important. We helped destroy sented to the Congress and to the Vice President, so I cannot really say that country. We need to help rebuild United States people was the intel- much about him. But this kind of cas- that country. It says that we can sup- ligence that this administration ual attitude that everything is just port international forces as transi- thought fit their argument, com- great. Let us just stay the course. We tional security in Iraq. If other coun- plemented their argument. It was not a are doing the right thing. It takes my tries want to provide a transitional se- balanced picture. It was what they breath away. I do not know if it is that curity force, we should be able to sup- wanted to present; and, as a result, they do not watch TV or they do not port that. Hopefully, some of the there was a rush to war. read the newspapers or they do not neighboring Arab countries will want Mr. Speaker, we need to figure out a talk to those who are on the ground in to do that. We should be able to sup- way now as to how to get out of this. Iraq or those families who have lost port a U.N. force or a NATO force going It is imperative that we get out of this loved ones, but the fact of the matter in. now. I have been to three funerals in is this is a serious matter. But the bottom line is, I think it is the last few months in my own district I think the only way that we are clear to anybody who has been watch- of young men who have lost their lives going to see a change in course is for ing this, that the time has come to de- in this conflict. I have seen their fami- Members of Congress to organize, like mand that no more U.S. forces be in lies grieve, their friends grieve. I do we are doing here in this Out of Iraq Iraq. It is time to end this war. not want to see any more families have Caucus, for people across this country Mr. Speaker, now I know that there to go through that. I want this admin- to join in protest, to join in dissent, to are some, and I hear it a lot, every istration to come clean on what the start writing their Members of Con- time those of us try to raise some ques- facts are, on what their plans on, and gress and saying, we demand that you tions and try to raise some dissent, also come clean on the intelligence end this war and end it now. That is there are those who say, well, you leading into this war. the only way we are going to see an should not do that. It is somehow unpa- I want to say one thing about the end to this war. Because I am con- triotic. You are not supporting our Senate Minority Leader HARRY REID. I vinced, watching this administration troops. You are not supporting our will tell you, I was never more proud of in action, that nothing will change. country. You are giving comfort to the him than I was yesterday when he fi- Sadly, I am convinced, by watching enemy. I hear that all the time when I nally stood up and showed the commit- the leadership of this Congress and how speak about my opinions on Iraq or ment and showed the spine to ask the they have behaved during these last when I hear others speak in ways that tough questions that people all over few years of this war, with this indif- dissent from this current policy. Well, this country, Republican and Democrat ference, with this kind of cover-up

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.077 H02NOPT1 H9544 CONGRESSIONAL RECORD — HOUSE November 2, 2005 mentality, to not question the admin- they are watching these public opinion term plan? What does the end game istration, to not hold them accountable polls and listening to people all across look like? These are the questions that for anything, to not do our job with this land who are saying they do not my leader of the Iraq Caucus has been proper oversight, I am convinced that want any more war, they do not want asking about tonight. unless Members of Congress are pres- any more people to die. We are paying for this war in blood sured by their constituents, then we They are tired of being engaged in a and money. My home district lost a 23- will not act here as well. war that is dragging our good name year-old soldier less than a month ago. into the mud. This is not America. We Why does the President insult us with b 2145 are so much better. empty platitudes about staying the Mr. Speaker, let me just conclude by Mr. Speaker, I urge my colleagues to course and staying in Iraq as long as it saying that I love this country more listen to what we are saying tonight, to takes? than anything, and nothing disturbs join with us and hopefully help put this Mr. Speaker, I had the privilege of me more than to see us involved in a country on a better course. With that, traveling to Iraq 1 month ago. I went war that we have no business being in. Mr. Speaker, I thank the gentlewoman with a few of my colleagues here in the Nothing disturbs me more than to see from California (Ms. WATERS). House. The most rewarding, the most the loss of innocent lives that we see Ms. WATERS. Mr. Speaker, I thank enlightening part of the trip was sim- going on each and every day. the gentleman from Massachusetts ply having dinner and talking with the I think we are better. I think we can (Mr. MCGOVERN) for his eloquent and enlisted men and women, particularly do better. You know, great nations very thorough evaluation and assess- those from my district, California’s 6th sometimes misstep. Sometimes great ment of what is happening in Iraq. He Congressional District. It is Marin and nations make mistakes. It is up to has been an absolute stalwart in trying Sonoma counties just north of the great nations to fix those mistakes. We to help bring this Congress to its Golden Gate Bridge across the bridge have made a mistake in Iraq. This is senses and this administration. And I from San Francisco. not about whether we honor our troops am so pleased that he was here this These troops are online over there, or not. I honor our troops. I want to do evening to further share with the believe me. They know I am against more for our troops. American public our very, very deep this war. They knew I was. They I wish the people on the other side of concerns and our very deep feelings. looked me up before I got there. And the aisle would join us in demanding The gentleman’s call for an end to they immediately asked me, and they more money for our veterans. I am this war, I think, is right on target. had every right to, Congresswoman, worried about all of those men and With that, Mr. Speaker, I yield to the why are you here? You are against this women coming back from Iraq with gentlewoman from California (Ms. war. My answer was straight. My an- post-traumatic stress syndrome. I am WOOLSEY) to further discuss not only swer was true. And my answer they be- worried that they are not going to get her long-time involvement with trying lieved. Yes, indeed, I told them, I am the health care they deserve. to help frame a direction for this Na- against this war. I have been against I am worried that their families are tion, her long-time commitment to this war from the very beginning. not getting the benefits that they need challenging this administration, about But I want you to know that I sup- and that they deserve. I am worried the way that it went into this war, and port the troops. I have been working about people coming back to no jobs. what has been happening since we have within this Congress to make sure that So this is not about our commitment been in this war, all the work that she you have the equipment you need to to our troops. We are committed to our has done, the many nights that she has make sure that you have the health troops. We honor them. We are in awe been on the floor, the resolution that care over there, the best you can have; of their service. They have done what she did so well on with this Congress. and when you get home, that you will their country has asked. Ms. WOOLSEY. Mr. Speaker, I thank have the benefits that we have prom- This is about whether this policy is the chairman of the Out of Iraq Cau- ised you. right or whether this policy is wrong. cus, the gentlewoman from California But in all of that, I remain against And if you believe, as many of us do, (Ms. WATERS), in bringing all of the this war because I want you to come that this policy is wrong, then you voices together in the Congress, be- home and I want you to be home with need to stand up and you need to be cause we all have a lot to say. And we your families. I want you to be alive. I counted, and you need to demand that are all getting to the same conclusion, want you to be mentally whole, and I this policy change and change now. the conclusion that I reached a couple also want you to be physically whole. It is not patriotic to remain silent in of years ago, actually. We do not need Mr. Speaker, these young people are the face of policies that you object to. to be in Iraq. We are making a mis- the very best America has to offer. That is not patriotism. That is cow- take. It is a faux war, and we need to They are brave. They are intelligent. ardice. And we need to stand up, those bring our troops home now. They are loyal. They are loyal to their of us who believe that this war is Mr. Speaker, I want to share a quote: country, to their mission, and to each wrong, and I know that there are many ‘‘Victory means exit strategy, and it is other. They are profoundly committed who are silent right now who believe as important for the President to explain to this mission, even those who told me we do that this war was wrong. They to us what that exit strategy is.’’ privately that they do not support the need to stand up and join with us. Those words were not spoken by a war or the policy that underlies it. Enough is enough. The gentlewoman Member of Congress, not by a promi- They are genuine heroes whose cour- from California (Ms. WATERS) put it nent opponent of the Iraq war. They age and resolve is greater than our ac- eloquently and succinctly. Enough is were not even spoken by this President colades can begin to convey. We truly enough. This war needs to come to an about this war. have the most capable military the end. Not one more dollar, not one more Those words were spoken in April world has ever known. So what is the death. This is the time to do it. 1999 about President Clinton’s military problem? The problem is that we do We are trying, with this caucus, to campaign in Kosovo, and they were not have leaders in Washington worthy energize people on both sides of the spoken by a Republican Governor of these fine soldiers. Our troops have aisle, this is not a partisan issue, to named George W. Bush. But what a dif- been failed, failed by their civilian su- come together and demand that we ference 61⁄2 years makes. It is precisely periors who sent them to Iraq on false change our policy. Our country is so an exit strategy that is missing from pretenses, on a poorly defined mission much better. We are so much better our Iraq policy. without all of the tools they needed, than this. We stand for so much more With over 2,000 of our citizens dead, and without a plan to get them out of than what is on display in Iraq. $1 billion of tax dollars being spent in there. If the President will not lead to And I hope, Mr. Speaker, that the Iraq every week, the American people bring our troops home, then we will. White House listens to those of us in have a right to some answers to some And that is what the Out of Iraq Cau- the United States Congress. Our num- important questions like, what exactly cus is all about. Last month we assem- bers are growing each and every day defines victory? What are the bench- bled a group of Middle East experts and who disagree with this war. And I hope marks of success? What is the long- military strategists to explore viable

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.078 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9545 and compassionate exit strategies be- I think it is important for us all to how the funding of some of the so- cause the American people deserve bet- understand that not only have we gone called nonprofit operations were really ter than the poor planning that has into this war under false pretenses, funds that were going into terrorist op- characterized every single phase of this having the American people believe erations. We did not do an investiga- war. that there were weapons of mass de- tion. We did nothing but pick them up, The extraordinary men and women struction when, in fact, there are no protect them, and send them on their who I met in Iraq most certainly de- weapons of mass destruction. We have way. And we talk about homeland se- serve better. They deserve leaders as gone into this war with this adminis- curity. Give me a break. courageous and honorable as they are tration making the American people We cannot trust that this adminis- in return for their unfailing loyalty. believe that somehow Saddam Hussein tration can secure the homeland and They deserve basic competence and in- was responsible for the 9/11 attacks certainly we are spending the tax- tegrity. I have some suggestions of when that certainly is not true. And al payers dollars, billions of dollars, bil- what the President should be doing Qaeda and Osama bin Laden who have lions of dollars in Iraq when perhaps we next in order to bring our troops home been determined to be responsible are do need that money in our ports. We immediately. still not contained, have not been ap- need those monies in our airports. We Part of what he must do is eat crow. prehended. need those monies with helping to fund He has to apologize to the rest of the The idea that somehow we must stay the first responders. international world for going into Iraq in Iraq because it is going to make us I have been holding emergency pre- in the first place and trying to bring safer is the kind of argument that the paredness town halls all over my dis- them into the war with him. American people just will not accept trict. What do the first responders tell He must become a diplomat instead any more. As a matter of fact, I think us? They do not have enough money. of a warrior because the way he is the American people understand we are They do not have enough resources. doing it now is not working. He also less safe because we are in Iraq. We are They do not have the communication must reach out to the global world. He less safe because we have created a systems by which in the event of an at- must ask worldwide for assistance to breeding ground for the training and tack that the various first responders help Iraq return their country to their development of these insurgents. We can communicate with each other just people. are less safe. as they did not have it in New Orleans. So this effort that has been put forth He also must work internationally While the President talks about by this administration is not a good with the United Nations, with NATO, homeland security, it takes but a nat- one. Not only did they not plan well for with the experts who have been ural disaster to help Americans know the war, they never had an exit strat- through this before in South Africa and that really we do not have a handle on egy going in. They never knew how in Ireland. He must work with them, homeland security at all. If, in fact, we they were going to get out. The headi- help them, give them the room to help can witness what happened to us as a ness of Mr. Rumsfeld with his shock the Iraqis in their reconstruction and result of Katrina, if we understand that and awe campaign that led people to reconciliation. We do not know how to not only were we not able to handle a believe that somehow we were going to do it, obviously. We only know how to disaster despite the fact we have this bomb people into submission, make huge bureaucracy of homeland security cause a war. We need to work now on people think that somehow we were under FEMA, and with all of that peo- how to end that war and how not to to- protecting them from terrorism, that ple were left stranded without food, tally leave the Iraqi people in a quag- we were making this country safer, without water, still we do not have a mire. somehow because of the might of the handle on how to get those people into But speaking of quagmires, that is bombs and the sophisticated artillery temporary housing, let alone perma- what our President has us in. He has us that somehow we were going to make nent housing. in a corner. It is a lose-lose situation. Americans believe everything was all So people have to be suspicious about Actually, if we stay in Iraq, our troops right. what would happen to us in the event will continue to be killed and maimed At the moment the President de- and innocent Iraqi civilians will lose of a terrorist attack, and people have clared ‘‘mission accomplished,’’ the in- their homes and their lives and their to wonder why are we putting all of surgents said, now let the war begin. families. this money and all of this effort into And, guess what? They do not have the If we leave, indeed we will leave Iraq Iraq when the folks who were respon- sophisticated technology that we have. in a bad way. It will be a bloody mess sible for 9/11 still have not been appre- They do not have the resources that we until they can figure out how to get hended. have. But you know what? They are People have to wonder what is it their country back together. But we wreaking havoc on us and our soldiers. about this relationship with Saudi Ara- can help them put it back together, not They are killing our young people. militarily, but with a non-militaristic bia, when we know that the perpetra- As it was said by some of my col- presence. Why we are not doing that is tors of 9/11 were from Saudi Arabia, leagues, it is all right to say we will be beyond me. That is how we should have trained in the madrassas of our so- there for as long as it takes. But whose been doing it in the first place. called friends, trained by the royal children are we talking about? Whose So what I would like to suggest is family’s money that helped them to young people are we sending into war, that our President, I do not want to learn to hate the United States of a timeless war, when we cannot tell the suggest it, what I would like to demand America, yet we wrap our arms around American people how we are going to is that the President of the United them, we call them our friends. And get out of it, where we never had a plan States put together a plan to bring our after the 9/11 attack we went to their to get out of it? Whose children are troops home and to bring them home aid, and the members of that royal dying? immediately. family that was in the United States of The American people are fed up with I yield to the gentlewoman. America, we picked them up one by this war. They have trusted this Presi- Ms. WATERS. Mr. Speaker, I thank one. We had airplanes dispatched dent and this administration long the gentlewoman from California (Ms. across this country. We put them on enough. Mr. President, it is time to WOOLSEY) for her commitment, for her those airplanes when Americans could bring our soldiers home. It is time to hard work, and for her sincere desire to not get on airplanes. When airplanes get out of Iraq. provide leadership for this Congress to were grounded, when the Vice Presi- The President consistently tells the bring our troops home. dent of the United States could not get American people that we will stand an airplane, we picked up the Saudis, down when the Iraqis are ready to b 2200 we put them on the airplanes. We pro- stand up. However, there is little evi- Mr. Speaker, you have heard from tected them, and we got them out of dence that the Iraqis are ready to take two of our hardest workers this here. over their security responsibilities. evening about the war in Iraq. You We did not know whether or not they In July, the House Armed Services have heard their assessments. You were tied to those that were respon- Committee ranking member, the gen- have listened to their advice. sible to 9/11. We did not understand tleman from Missouri (Mr. SKELTON),

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.080 H02NOPT1 H9546 CONGRESSIONAL RECORD — HOUSE November 2, 2005 told us that he believed there were tect and secure us but to provide uni- Do you believe that if we bring our only about 5,000 trained Iraqis, even versal comprehensive health care. It is soldiers home that we will be taking though the Bush administration claims unconscionable to talk about we are the kind of action that will not only to have trained 170,000. going to be confronted with a pandemic bring resources back to this country General John P. Abizaid, who leads but we do not have enough medicine. that could be spent domestically, but the U.S. Central Command, told the We do not have enough resources. We in the final analysis, we are taking Senate Armed Services Committee in do not have enough hospitals. We do them out of harm’s way because if they September that a single Iraqi battalion not know how we are going to take stay there there will be more and more was at level one combat readiness, care of people in the event of a pan- deaths, and we still will not be able to meaning it was capable of taking the demic. It is unconscionable to talk contain what perhaps is going to be a lead in combat without support from about how in the event of a pandemic civil war anyway between the Shiites, coalition forces. so many people are going to be at risk, the Sunnis and the Kurds? During the same testimony, General to anticipate that so many people are Ms. WOOLSEY. Mr. Speaker, I agree George W. Casey, Jr., who oversees going to die. with the Congresswoman totally, and U.S. forces in Iraq, said the number of It is unconscionable to talk about the American people know that you are level one battalions had dropped from you cannot pay for Katrina or Rita or right in what you said. This Congress, three to one since June. any of these disasters that are con- this Pentagon, this administration will We cannot even get the right infor- fronting us unless we go back into the eventually catch up to the American mation, and that is why the Senate budget and reconcile and cut the budg- people who know that we should not be Democrats will take the action that et deeper and deeper and deeper and do in Iraq in the first place and that our they took. They had to go into closed all of this while we continue to give a staying there will not solve any prob- session. They had to confront the Re- tax break to the richest people in lems. We will lose more troops. They publicans in the Senate about the so- America. will come home maimed or dead, and called investigations, about going on to We are sick and tired of these poli- we will injure more innocent Iraqis and phase two, to try and get information cies that do not make good sense. We destroy their communities and their about what happened with our intel- are sick and tired of the direction that neighborhoods and their lives; and ligence community. What did we know is keeping us at war while we are hurt- when we leave, whatever is going to and when did we know it and what did ing and undermining the people of this happen will happen anyway. In the we do about it? You cannot hide this Nation. We are sick and tired of public meantime, our troops will be losing. information forever. policy that does not make good sense. What I would like to ask is, if the The tactics of this administration, I am pleased that my colleague said President really believes that we are misleading, not giving out all of the in- this evening at the beginning of their ending terrorism by being in Iraq, why formation, distorting information, will discussions, we support our soldiers. Do in the world has he not found Osama come to an end; and the retaliation not forget it was really this side of the bin Laden? Iraq was not an Islamic ter- against those who speak out is being aisle who forced the issue of protective rorist country until we went in, and unveiled now in a way that is causing gear for our soldiers when we discov- now they are. the indictments and more to come. ered that, with all of the talk from Mr. I asked the commanders directly, The fact of the matter is this admin- Rumsfeld about we had enough soldiers first, who is the enemy? The answer istration attempted to punish Ambas- and they had everything they needed, was more than once, as a matter of sador Wilson by outing his wife, Val- and we discovered that they were over fact, the insurgents are fighting the erie Plame. These tactics of distortion, there with spit and glue, literally try- very presence of the United States in intimidation, misleading information, ing to build protection, literally trying Iraq because we do appear as occupiers. rolling out Republican relations cam- to figure out ways by which to stop the When I asked the question who are the paigns, all of this must come to an end. bullets. It was this side of the aisle insurgents, they are not coming from Americans cannot stand to be mis- that forced getting more money. directed. Americans can stand no And we will continue to do that be- across the border. The great majority longer to be told mistruths. Americans cause we do respect, we do support our of the insurgents are indeed local. They can no longer take from their Presi- soldiers. We love them. That is why we want us gone because they see us as oc- dent and this administration that kind want them home. We want them out of cupiers. We are helping build local insurgents of treatment. harm’s way. We cannot tell them why by our presence. Our presence needs to So we stand here tonight to say again they are there. We cannot tell them be there over time, but not in a mili- and again, enough is enough. We have why they are losing their lives. got to bring an end to this war. We Many of those young men and women taristic way. Our presence needs to be have got to redirect our resources back went there because they are patriotic. to help the Iraqi people rebuild their to the people of this Nation. The war in They believed their President. They infrastructure, their economic infra- Iraq has cost us almost $3 billion so went there because they thought they structure and their physical infrastruc- far. The funding would provide much- were doing something good for their ture that we have so destroyed. If we needed resources for Americans here at country, only to discover that they want the end of terrorism, go after the home for the money that we are send- were misled, that there are no answers. guy that blew up our buildings in New ing in Iraq. Many of them went there because York, go after Osama bin Laden. Let me just give you some idea what they were looking for a way out. They Ms. WATERS. Mr. Speaker, I think could have been provided: Health care were looking for ways by which to pro- the gentlewoman is absolutely correct. for 46,458,000,805 people. Health care vide for their families. They were job- As a matter of fact, they do not even could have been provided for the less in America, in the rural commu- talk about Osama bin Laden anymore. I am absolutely outraged that we put amount of money that we are spending. nities, in the inner cities. 3,545,016,000 elementary schoolteachers We have not done right by our young money into Pakistan. We think we could have been paid for. 27,93,000,473 men and women. We have not done have a friend there, Musharraf; but we Head Start places for children. right by them. We have neither pro- know that that border between Afghan- 120,351,991,000 children’s health care vided them with the security and the istan and Pakistan is where we have al could have been paid for. We could protection that they need to serve in Qaeda, is where we have terrorists. We have built 1,841,000,833 affordable hous- this war, nor have we respected their believe that is where Osama bin Laden ing units. We could have built another right to have the answers to the ques- is. I believe that he is being protected 24,000,072 new elementary schools. On tions that they are raising. by those who we are trusting in Paki- and on. 39,000,665,748 scholarships for stan. I believe that we are not putting university students. 4,000,000,699 public b 2215 enough time and effort on that border safety officers or 3,204,000, 265 port con- I would like to at this time have a where we have not only the terrorists tainer inspectors. I could go on and on. colloquy with my dear friend from and al Qaeda, but increasingly, the The American people deserve to have California who has worked so hard on Taliban is rising again from the Af- their tax dollars spent not only to pro- this issue. ghanistan side of all of this.

VerDate Aug 31 2005 05:50 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.081 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9547 So we just have a misdirected admin- icit problem; and we will talk about that there are plenty of places in the istration who has messed up every- that later this evening because there Federal budget where we can save thing. They have created a crisis. Our has been a lot of misinformation there. money so that families do not have to young men and women are dying. We In addition, we have heard the other cut their budgets because every dollar are spending American taxpayers’ dol- side talk about gross and draconian we spend here is a dollar that we can- lars. This money is going out of the cuts in the Federal budget. Well, what not spend back in Texas or Tennessee window. We are not accomplishing any- we are going to discover, Mr. Speaker, or Virginia or New York. thing. We are getting ripped off in is what they call a draconian cut is At the end of the day, it is not the more ways than one. Halliburton is trying to restrain the growth of gov- government’s money. It is the people’s making all of its money. They have ernment so we do not have to raise money, and we need to institute more been cheating us, and we have slapped taxes, so we do not have to pass on debt accountability in the system. I wish them on the wrist, and we have let to our children. It is the same old song more of our friends on the Democrat them go. we have heard from them for 50 years. side of the aisle would come and help We are sick and tired. Enough is What we also hear from them is that us, but too often they have bottled up enough, and I would like to say to the somehow any reform, any account- each and every reform. They do not be- gentlewoman from California, if you ability that we institute in the Federal lieve that there is any waste in the have one last word in this 1 minute or budget is somehow tantamount to Federal budget. They do not believe so, please. hurting the poor. Mr. Speaker, we do there is any duplication in the Federal Ms. WOOLSEY. Mr. Speaker, my last not buy that. The American people do budget. They believe all spending is word is wake up, catch up with the not buy that either because we know great spending, that nothing good has American people. Bring our troops that year after year after year, as we ever happened in our Nation unless it home if you support them. dump new programs on top of old pro- as the result of a Federal program; and f grams, as the Federal Government re- that is not true. fuses to measure the success, the So, Mr. Speaker, the first thing that DEFICIT REDUCTION ACT progress, the ability of these programs we want to discuss this evening is to The SPEAKER pro tempore (Mr. to meet goals, that we have a budget talk a little bit about what is in this FITZPATRICK of Pennsylvania). Under now that is fraught with waste. It is Federal budget, this $2.4 trillion budg- the Speaker’s announced policy of Jan- fraught with abuse. It is fraught with et, a budget that over the last 10 years uary 4, 2005, the gentleman from Texas duplication. has been growing at least a third faster (Mr. HENSARLING) is recognized for 60 Mr. Speaker, finally, not all spending than the family budget, a Federal minutes as the designee of the major- is created equal. Families all over budget that, in my lifetime, Mr. Speak- ity leader. America have to make some tough de- er, has grown seven times faster than Mr. HENSARLING. Mr. Speaker, to- cisions occasionally at the end of the the family budget. That is an uncon- night, we are coming here to talk month when that paycheck begins to scionable growth rate. That is an about a very important piece of legisla- run out, and this is what people do in unsustainable growth rate. tion titled the Deficit Reduction Act. a great Nation. Again, our purpose here is to provide Mr. Speaker, our Nation is seeing a In my own family, if we are a little reforms. It is to provide account- number of challenges here, obviously low on money at the end of the month, ability, and it is to spare our children 9/11, which we have heard a lot about. I am not going to tell my two children, the future of having to have a massive Recently our Nation has been hit with my 31⁄2-year-old daughter and 2-year- tax increase or massive debt placed on a number of hurricanes, natural disas- old son, I am sorry, children, you just them. ters that have proven very, very costly cannot have anymore milk because So we want to talk about different to our Nation. Now we have seen the your mom and I have got this great ways that we believe that we can save threat of avian flu. There are a number movie we want to go see. What happens money in Washington, D.C. without of different challenges our Nation is my wife and I do not go to the cutting vital programs. We want to faces, and we will meet these chal- movie. Instead, we buy the milk for the make sure that the social safety net is lenges; but meeting these challenges is children. in place; but we know that the greatest not free. Some spending in the Federal budget social welfare program, the greatest Particularly within the context of is just not high priority, not when housing program, the greatest edu- the hurricanes that have hit, at the compared to trying to relieve human cation program in the history of man- end of the day, when we look at the suffering along the gulf coast that has kind is a job, a job provided by the Federal response, how much money the been wrought by these hurricanes. So American free enterprise system, Federal Government is going to spend, the American people, I think they in- which is what our economic policies there are really only three ways that stinctively know, but occasionally we are all about. That is why we have been we are going to be able to pay for this. have to remind them about what is in able to create 4 million new jobs in this Either number one we are going to this Federal budget. economy, with tax relief for small busi- raise taxes on hardworking American Mr. Speaker, often when we spend nesses and American families. families yet again as they are facing money here in Washington, D.C., many So there are a lot of things that we challenges in meeting the cost of fill- good things come from it: Kevlar vests need to do to protect that family budg- ing up their pick-up trucks and heating for our brave men and women fighting et from the Federal budget; and I am their homes, or we are going to pass in Iraq and fighting in the global war very, very happy, Mr. Speaker, that I debt on to our children, even more debt on terror. Occasionally money is spent have been joined by a number of our to be passed on to our children. But, to help start a small business; but colleagues who are leaders in this Con- Mr. Speaker, we on the Republican side more often than not, though, we see gress on trying to help root out this of the aisle believe that there is an- that this money is spent for an $800,000 waste and this fraud and this abuse and other way, and that way is to restrain outhouse in a national park and the this duplication in the Federal budget the growth of government. That way is toilet does not even flush. We see it so that we can indeed protect that fam- to protect the family budget from the spent on 342 different Federal economic ily budget. Federal budget. development programs, 342. Does that One of the individuals who is joining We are going to spend some time, Mr. not suggest some duplication? More us this evening is one of the leaders in Speaker, this evening bringing up some often than not, it is spent on food government reform, a colleague of very interesting facts that we believe stamps where 10, 20, and sometimes 30 mine that I have been very proud to the American people need to know. percent of the recipients do not even know, a real leader in this Congress on Number one, you will hear this qualify because we are not checking that subject, the gentlewoman from evening about how tax relief that we their income levels, and the list goes Tennessee (Mrs. BLACKBURN); and I have brought to American families and on and on and on. would be glad to yield to her. small businesses, that has been part of The important thing, Mr. Speaker, Mrs. BLACKBURN. Mr. Speaker, I our deficit solution, not part of our def- that we need to know this evening is thank the gentleman from Texas for

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.083 H02NOPT1 H9548 CONGRESSIONAL RECORD — HOUSE November 2, 2005 his words of wisdom and for the com- government in? How do we slow the nomic development programs, 130 pro- mitment that he brings to protecting growth? How do we begin to work to- grams serving the disabled, 130 pro- the Federal budget, just as he does the ward reducing spending, reducing the grams serving at-risk youth, 90 early family budget. I appreciate the dili- deficit and being certain that this Na- childhood development programs, 75 gence as he goes about this, whether it tion remains a free and productive Na- programs funding international edu- is Operation Offset or Washington tion for our children and our grand- cation, cultural, and training exchange Waste Watchers. He has certainly children? That has brought us to work- activities. worked very, very hard on this. ing out the budget, the Deficit Reduc- Mr. Speaker, we are simply saying, let us put the money in the programs b 2230 tion Act, that we are bringing forward this year. where it is going to do good in local I was talking about his good work in My colleague from Texas mentioned communities. Let us get rid of the bu- my district one day in one of the town a few things about waste, fraud and reaucracy. Let us streamline some of halls and talked about how he felt like abuse; and we have put some attention this. Let us get rid of redundancies and we should watch the Federal budget on that this year here in the House. I duplications and be certain that the like the family budget and some of the want to highlight a couple of things. money is going for what it is intended: information that he brought to us. When we hear our colleagues from helping individuals in the commu- One of my constituents raised his across the aisle say, well, there is no- nities. hand; and he said, ‘‘Mrs. BLACKBURN, I where to cut. We cannot find any sav- Washington spends $60 billion on cor- tell you, I really appreciate that. You ings. We cannot reduce these programs. porate welfare every year versus $43 know, sometimes I think the Federal My goodness, what would they do if we billion on homeland security. Prior- Government does get out of hand. It slowed their growth and did not let ities. They are important. Farm sub- does need to be reined in.’’ He said, them have more money this year than sidies go to several Members of Con- ‘‘They need to take a lesson from some they had last year? gress and celebrity hobby farmers such of us.’’ He said, ‘‘Sometimes, you Well, I just want to highlight a few as David Rockefeller, Ted Turner, know, I have too much month left over things that when we talk about we Scottie Pippin, and former Enron CEO at the end of my money. And when that have reduced the deficit by $50 billion, Ken Lay. Something to look at. happens, we have to just sit down and an additional, additional $50 billion Medicare programs that pay eight work things a little bit differently.’’ this year, I want to highlight a few times as much for the cost of drugs as Well, Mr. Speaker, I think that that things where we have found waste, other Federal agencies are paying for is the kind of wisdom we need to put on fraud and abuse. We have only done a medical supplies. This needs to be dealt the table here in Washington. Maybe drop in the bucket, and we have had to with. we have too much year left over at the fight every step of the way to get this, Food stamp overpayments that are end of our money, which means it is but just listen to some of these things costing taxpayers $600 million annu- time for us to prioritize and to focus that we highlight that we know are ally, many of those payments going to and to do things a little bit differently. there. individuals who are not in the country We know that government does not From 2003, the Federal Government legally. have a revenue problem. Government cannot account for $24 and a half bil- School lunch program abuse has been has a spending problem. And we also lion that it spent. We think that ac- estimated by the GAO to be at $120 mil- know that the government is never countability is important. A White lion annually. going to get enough of the taxpayers’ House review of just a sample of the Mr. Speaker, these are all examples money. They are never, ever, ever Federal budget identified $90 billion of waste, fraud, and abuse that have going to get enough of the taxpayers’ spent on programs deemed ineffective, been documented by the OMB, the money. Never happen. Because there is marginally adequate or operating CBO, and the GAO, agencies of the Fed- always going to be one more program, under a flawed purpose or design, $90 eral Government. These are agencies one more activity, one more depart- billion. Well, already if we could get that work with Congress to say go back ment, one more need, one more some- support for going after these dollars we and take a second look and look at how thing that they feel like needs that would be well over $100 billion. this money is being spent. Exercise money. Housing and Urban Development, $3.3 your oversight. And that is what we Now one of the things that we have billion in overpayments in 2001, which are doing as we move forward on fiscal done here is to talk about the Deficit accounted for over 10 percent of the De- responsibility and accountability and Reduction Act, and that is a piece of partment’s total budget. Now many of as we bring forward the Deficit Reduc- legislation that is going to come before us have supported across-the-board tion Act. this body soon. The majority here in cuts, Mr. Speaker; and I was joined by I thank the gentleman from Texas the House has worked diligently on the the gentleman from Virginia (Mr. CAN- for allowing me to join him tonight. I Deficit Reduction Act. Many of our col- TOR) and the gentleman from Texas thank him for his diligence and his leagues across the aisle are fighting us (Mr. HENSARLING) in filing bills that leadership on this effort, the leadership tongue, tooth and toenail. Every time would call for either a 1 or 2 or 5 per- that he gives to the Republican Study we turn around they are just fighting cent across-the-board reduction in Committee and that he gives here to us every step of the way on this. spending. the entire body of the House. Mr. Speaker, I have to tell you, I Most folks would look at their budg- With that, Mr. Speaker, I yield back think there is a reason for this. With et and say, you know, I can find 1, 2, or to the gentleman. over 40 years of Democrat control of 5 percent by just getting in here and Mr. HENSARLING. Mr. Speaker, I this body, they have really built a cleaning up some of my operations. certainly thank the gentlewoman for monument to themselves; and that Well, HUD had overpayments that ac- her insight and leadership on this sub- monument is a huge enormous bu- counted for over 10 percent of their ject. Mr. Speaker, she brought up just reaucracy. What it comes down to is budget. If they just cleaned up their a number of different examples illus- that they would rather support bureau- books and cut out the overpayments, trating the point that, again, there is crats in buildings and trust them to there would be 10 percent right there. so much waste and there is so much make decisions for the average Amer- Duplication. The gentleman from fraud and there is so much duplication ican family and for taxpayers than to Texas mentioned duplication of pro- and low-priority spending in this budg- trust individuals and families to make grams, and there is a lot of that here. et, yet Democrats do not want to work those decisions. Their focus is putting We know that when you have a big with us to try to reform this. the attention on preserving that bu- Federal program you have a bureauc- Mr. Speaker, we have 10,000 different reaucracy and growing that bureaucracy, you have bureaucrats in these Federal programs spread across over racy. great big shiny buildings all around 600 different agencies, and we have As the gentleman from Texas has Washington, D.C., and all around our many pressing needs, but we owe it to said, fiscal responsibility is what our country that run the programs. We the American people to bring some ac- work focuses on: How do we rein this have on the books 342 different eco- countability here.

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.084 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9549 Now, again, as my able colleague, the Mr. Speaker, how much government is Mr. Speaker, I yield to the gentleman gentlewoman from Tennessee, talked enough? As we can see from this chart, from Virginia (Mr. CANTOR) for his about, we know what the Democrats already Washington is now spending comments on this subject. will say about these different pro- over $22,000 per American family; and Mr. CANTOR. Mr. Speaker, I thank grams. Well, wait a second, that is this is one of the greatest levels in his- the gentleman for yielding to me. really massive cuts in spending. tory. And I also would like to join the gen- Mr. Speaker, as I said earlier, any- For only the fourth time in American tlewoman from Tennessee in really sa- body in this body is entitled to their history has the Federal Government luting the gentleman from Texas and own opinions, but they are not entitled taken that much money away from his commitment to being a prudent to their own facts. Let me talk a little American families to spend up here. steward of the taxpayer dollar. I do not about what the facts are, and then we And look at this growth curve. $22,000 think there is anyone who serves in will go back and talk about even more per family for only the fourth time in this House who has more of a commit- waste and fraud in this budget. American history. Again, how much ment to the notion that the dollars When they talk about massive cuts government is enough? that we spend and we raise here at the in the Federal budget, let us put this in And, as I stated earlier, just look at Federal level, the fact that they are perspective. If we are, among other the last 10 years. Look at the growth of not really dollars that belong to the things, besides trying to reduce the the family budget, which is here, the government, they are dollars that be- deficit, if we are trying to pay for the blue line, versus the growth of the Fed- long to the people and the businesses hurricane damage, so far that bill for eral budget. The Federal budget in the that earn them. Again, as a watchdog the Federal Government has totaled last 10 years has grown a third faster of the Treasury, I do not think there is about $62 billion. Yet the Federal budg- and keeps on growing and growing. And any other more adamant and loyal sol- et over this same 5-year period is $13.9 as we will discuss later this evening, dier than the gentleman from Texas; trillion. Mr. Speaker, as I do my math, the trend line is only getting worse. and I do congratulate him on that ac- we are talking about less than half a But here is a very, very important complishment and know that he will cent, less than half a penny, and this is point to make with this chart, Mr. continue to serve in that capacity. called some type of massive cut? Speaker, and that is, again, as we talk Mr. Speaker, I would like to also re- What it tells me is that, as we are about ways that we can find effi- turn and just set the record straight trying to fight the deficit, all we hear ciencies in government, as we talk for some of the statements that were about from the Democrats is tax relief, about ways that we can reduce the made in the prior hour regarding the we hear about massive cuts, and yet we waste, where money is taken from war in Iraq. If I could just diverge a lit- are talking about half a cent. If we hard-working families in America and tle bit from the topic at hand here re- cannot find a half a penny of savings wasted up here, here is something that garding the Federal budget, because of on the dollar in a $13.9 trillion budget, every American ought to know in this the statements that were made: ‘‘We well, we are just not looking. debate. Even once we are successful in are helping cause the local insurgency Any small business in America, any passing this Deficit Reduction Act and in Iraq.’’ The next quote was, ‘‘If you family in America would laugh in our engaging in this process called rec- want to end terrorism, get out of Iraq. face if we told them, well, there is just onciliation, which is a fancy Wash- Go after Osama bin Laden.’’ no way that we can find a half a cent ington term that just means we are As for the first, I am having a little of savings on the dollar to protect your going to start reforming these out-of- difficulty following the logic of how control entitlement programs, guess family budget. No, we are going to the presence of American troops in Iraq what, Mr. Speaker? They are going to have to increase taxes, or maybe we would cause local insurgency. We all grow at 6.3 percent instead of 6.4 per- will just pass debts on to your children. know, as we read the news reports cent. every day, that there is a stream of Mr. Speaker, that is just totally, to- That is the massive cut that the outsiders coming in, joining with the tally unacceptable. Democrats talk about. It is not a cut. Mrs. BLACKBURN. If the gentleman Sunni insurgency in Iraq, and it has be- We are increasing this spending, but we come ground zero for the terrorists will yield. are not increasing it as fast as it would Mr. HENSARLING. Yes, I will be who wish to do us harm in the United be on mere automatic pilot. But some- happy to yield to the gentlewoman. States, who wish to do Israel harm in how, in Washington lingo, as my col- Mrs. BLACKBURN. To the gentle- the Middle East and, frankly, wish to league pointed out, somebody calls man’s point as he is talking about the that a cut. Now, only a liberal in Wash- do harm to anyone in the free world. budget and what we would do with Mr. Speaker, I would say to the indi- ington or an Enron accountant can making some adjustments within that viduals in the prior hour that, make no look at that chart and somehow call budget, Medicaid is an issue that we mistake, Iraq, Afghanistan, other parts that a cut. addressed in the Energy and Commerce Again, Mr. Speaker, maybe people of the world where we see the operation Committee last week and looked at are entitled to their own opinions, but of terrorist organizations and coopera- some forms and some redesigning and they are not entitled to their own tion by local regimes, that dynamic, revitalization of Medicaid, being cer- facts. that formula is what continues to fuel tain that we preserve access to health the war that we are engaged in. It is di- care for Americans. In this process, we b 2245 rectly the sponsorship of unfriendly re- looked at the annual expected growth Mr. Speaker, again let me go over gimes of these terrorist organizations rate of Medicaid, which is 7.3 percent even more examples that we will have that allow these organizations sanc- per year. And by looking at pharma- about where we can find savings in this tuary in which to train, that allow ceuticals, making adjustments there, Federal budget. Because, again, Mr. these organizations resources on which rooting out some waste and fraud and Speaker, either we are going to find to operate and, frankly, allow them to some abuse, closing some loopholes, savings in the Federal budget or we are pull off the terrorist attacks that we addressing some inefficiencies, we were going to attack the family budget by have seen, frankly, for almost two dec- able to slow the growth from 7.3 per- raising taxes or we are going to pass ades, if not longer. cent to 7 percent growth per year. debt on to our children. So it is incum- One of the gentlewomen who were in- But, in liberal lingo, the gentleman bent upon us to find ways to reform volved in the discussion prior said that from Texas knows that that is de- government and to make it more ac- we, if we want to go after the terror- scribed by our colleagues across the countable. ists, should go after the individuals aisle as a cut, when all we have really With that, I notice we have been that perpetrated the attacks on 9/11; done is to say, let us get the fiscal joined by two of our colleagues. I am and, of course, we are. First of all, we house in order and be certain that we very happy that we have been joined by know that 19 of them perished in their are using the technologies and availing the gentleman from Virginia, the dep- mission and demonstrated that their ourselves of the efficiencies available. uty majority whip, who has been a real hatred of us knows no bounds. They Mr. HENSARLING. Well, the gentle- leader in this House for trying to bring avenged that hatred, including taking woman is so right. It begs the question, accountability into the Federal budget. their own lives.

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.086 H02NOPT1 H9550 CONGRESSIONAL RECORD — HOUSE November 2, 2005 So we are engaged in a war for the tunately has continued to grow as the And the list goes on. Areas such as free world, and the sooner that all of us bureaucracy expands. student loans, we wanted to make sure in this House recognize that and sup- Both the gentleman from Texas and that we have an adequate supply or port this President and this adminis- the gentlewoman from Tennessee availability of financial aid as we see tration in what we are trying to do, talked about the waste, fraud, and enrollment continuing to grow in our and that is to secure our homeland and abuse in some of the entitlement pro- colleges and universities, as we see in- to provide national security for Ameri- grams that exist. Take, for instance, creasing tuition costs in our colleges cans, the quicker it is that we will see the Medicaid program. This is a pro- and universities. And that is exactly victory. gram, as we know, that is a partnership what this bill does assure as well, that The fact that we are being accused by between the Federal Government and the financial aid will continue to be some on the other side of the aisle for the States. It is a program that offers there. But, as it increases, we also in- not having a strategy, nothing could be to some in this country a very nec- crease the loan limit amount but also further from the truth. Our strategy essary support for the health care of reduce the fees that our students will has always been very straightforward: those indigent citizens in our society. pay. Again, it is very important to af- One, counter the insurgency and as- But if we look at the pattern of growth ford access to our students to our edu- sist the Iraqis in forming their own of this program, it is something that I cation system in this country but at military police and military so that think strays far from the original in- the same time make sure that the Fed- they can take care of themselves. That tentions of those in this body that cre- eral dollars are used in the most appro- is ongoing. Reports show that over 85 ated and passed the enabling statute. priate and efficient manner. battalions of Iraqis are engaging with Over the past 5 years, this program has Mrs. BLACKBURN. Mr. Speaker, will our troops, embedded with our troops, grown by 56 percent. Frankly, it is an the gentleman yield? Mr. HENSARLING. I yield to the and fighting with us alongside our unsustainable growth rate, given the gentlewoman from Tennessee. brave men and women in this War on increasing costs and escalating costs in health care. Mrs. BLACKBURN. Mr. Speaker, I Terror. want to ask the gentleman to go back Secondly, we are to identify the Is- So the reforms that we will have a to one point on Medicaid. I think it is lamic jihadists and allow our Special chance to vote on next week, as the gentlewoman pointed out, under the so important, and many of our con- Forces to deal with them; and I know stituents and many members of this that all of us in this House know that Deficit Reduction Act, these reforms attempt to slow the growth and iden- House, I think, would be interested in that is being dealt with. tify areas where waste, fraud, and it. I would love for him to talk one Thirdly, we are using the appeal of more time briefly about the health op- democracy to attract the Sunni minor- abuse has been fueling that growth. And even after we enact the reforms portunity accounts, because this is ity into the government to allow them something that will give individuals the freedoms, allow them protections under the Deficit Reduction Act, we will still see Medicaid with a 7 percent ownership over the decisions that they that a minority enjoys in a democratic growth rate. So what we are doing is make and have to make in their health state. As we saw 11⁄2 weeks ago, the identifying savings. care choices. ratification of that constitution guar- How are we doing that? Well, first of Mr. CANTOR. Mr. Speaker, I could antees those minorities their rights, all, we see the creation of health oppor- not agree with the gentlewoman more. and we will see in another couple of tunity accounts. This will be a pilot Because there is one thing that I really months the elections of the full and program that will enable certain have an aversion to, and that is some- permanent parliament. States to afford Medicaid beneficiaries how Washington knows best, that So, again, Mr. Speaker, to underscore the opportunity to set up essentially a somehow we are going to provide a one- my opposition to their statements and health savings account. And we know size-fits-all blanket solution to health the fact that I differ strongly with the that we provided that ability for any- care. And she is right, these health op- representations that were made. one in the Medicare bill as well a few portunity accounts get away from Now, back to the subject that the years back. We created the opportunity that. They allow individuals to deter- gentleman from Texas and the gentle- for individuals to purchase high-de- mine the fate of their health care and woman from Tennessee were engaged ductible catastrophic health care plans how that will be provided, and that is in and the fact that I, too, join with so that we could lower the cost of exactly what these health opportunity them in calling on our colleagues on health care for American families and accounts do. Mrs. BLACKBURN. Mr. Speaker, if the other side of the aisle to lay down also emphasize the family’s role in de- the gentleman will yield, I think this is their partisanship, to join us, as 51 of ciding the destiny, if you will, of their something that is so very important their fellow party men joined the Re- health care provision and to emphasize because what it says is every indi- publicans in 1997 in engaging in what the role of that family in making vidual has the right to go in there and was then the first Deficit Reduction choices as far as health care is con- have that ability to make decisions, es- Act under reconciliation since the Re- cerned. We are going to afford the same tablish that relationship with that publicans took majority. I ask them to opportunity to beneficiaries under the physician; and if they take responsi- do that because it is imperative that Medicare program as well. we renew our commitment in this Additionally, once we pass the Def- bility and if they take ownership, then House to the hard-working American icit Reduction Act, we are going to here is a great way that they can do it. In addition, we are going to see the taxpayer and for what they do for their able to root out the asset transfer flexibility that many of the governors families every day. We owe it to these fraud that is going on with many in have said we need, flexibility in order families to be good stewards of their this country, which essentially allows to be certain that health care remains money. those who could otherwise afford to viable and accessible for all of our citi- We all were elected here in our var- pay for their health care services to be- ious districts by constituents and their zens. come wards of the State. Again, this is Mr. CANTOR. Mr. Speaker, the other needs. We certainly are here and are far from the original intention of those being judged each and every day by gentleman from Texas I believe also who enacted this program of Medicaid. has been a champion for the restora- what we do and how we cast our votes. Medicaid is for the truly indigent, for I know, Mr. Speaker, that I was elected tion of fiscal sanity here in Washington truly those who cannot help them- because we owe it to those American by my constituents to take a good, selves and are in need of health care. long look at the way the government taxpayers. We also provide for, in the Deficit Re- Mr. CONAWAY. Mr. Speaker, will the operates and to try to make the im- duction Act, the cessation of States gentleman yield? provements to government and the somehow going about double dipping, if Mr. HENSARLING. I yield to the structure so that it can be more effi- you will, in order to gain more access gentleman from Texas. cient with the use of the taxpayer dol- to Federal moneys. We want to cut lars; so that we can, as the gentleman that out as well because, again, this b 2300 and gentlewoman pointed out, root out goes against the original intention of Mr. CONAWAY. Mr. Speaker, I thank the waste, fraud, and abuse that unfor- what this program was supposed to do. the gentleman from Virginia and also

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.087 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9551 the gentleman from Texas for having Government collects came out of some- about is asking that agency to figure hosting this special hour. body’s earnings, some business’ earn- out a way to do your mission better I would like to make a couple of ings. We have got people all over this and more effectively. points of a general nature and talk country that go to work every day to So, the gentleman from Texas is about some specific things. I am a try to make money, they try to figure great to have hosted this hour. We CPA. I have spent 30-plus years in busi- out a way the services they can provide have chewed up an awful lot of it. I sus- ness watching what happens when tax to an employer or some product they pect the gentleman has a lot of things rates go up and businesses have to deal can build and sell for a profit, use their you want to say. with increased taxes. I have also helped ingenuity, use their sweat equity, use Mr. HENSARLING. Mr. Speaker, re- businesses as their tax bills go down the hard work to make that money, claiming my time, I certainly thank and what they do with that money. and the Federal Government comes in the gentleman for joining us this They put that money back into their and takes a slice of that to help run evening. Would it not be wonderful if business, they reinvest it in equipment, this Federal Government. That is just they had a few accountants on the they hire people. They do things that the scheme we have in place. other side of the aisle who could actu- create jobs for this economy. But do not lose sight of the fact it is ally let them know how you are sup- We have got a growing economy. One taken away from those taxpayers real- posed to count numbers? of the things that got lost in some of ly at the point of a gun, because we re- The gentleman from Texas, my home the noise up here is that in January of quire that they collect those taxes State, made some excellent points. We this past year, the CBO estimated the from you. have gone over a number of the dif- tax collections for the Federal Govern- The other side always makes a lot ferent wastes that we find in the Fed- ment to be $2.057 trillion. about tax cuts and quote-unquote pay- eral budget. But, again, as we face our The other side makes an awful lot of ing for those tax cuts. Money that is challenges, as we face trying to bring talk about raising taxes, that we need collected in the general revenue, gen- this Federal deficit down, and we are to raise taxes. Well, I would submit eral income taxes, goes into one large making progress, we are making huge that this Republican-led House has bucket. Let us put a disconnect, as we progress under this Republican admin- raised taxes the correct way. We have should, between the way we collect the istration and this Republican Congress, raised taxes because we have got more money and the way that money is but we still have a ways to go. If we are going to bring the deficit people working in America than have spent. down, if we are going to find the funds ever worked before. We have got more So when the other side talks about to help offset this hurricane relief, the people paying taxes than ever before. this reduction in spending as a result money is only going to come from one As a result of that, the numbers that of this tax cut, that is really illogical of three places. The Democrats do not came in for out of the CBO for the fis- in the sense you really cannot connect want to tell you, but they want to raise cal year ended September 30, 2005, was those dollars. We do not put in an in- taxes. There are food stamp overpay- in fact $2.154 trillion, or some $97 bil- crease in capital gains to pay for some ments that cost $600 million annually, lion more than we thought we were extra program. We do not do it that yet the Democrats want to raise taxes going to have. way. So let us make sure we disconnect on American families. The school pro- We kind of got lost in our Katrina ef- the tax connection scheme from the gram abuse is costing over $120 million forts of $60-plus billion, which were un- way the money is being used. annually, yet Democrats want to raise expected expenses. What we probably Finally, let me give you one quick taxes on American families. Veteran should have done is looked at those un- anecdote and help put some perspective program overpayments cost $800 mil- expected revenues and said that is a on this. I helped raise money in West lion annually, yet Democrats wants to good place to pay for those Katrina ex- Texas through the United Way for a raise taxes on American families. And penses. We reduced the deficit by some number of years, and generally every the list goes on and on and on. 23 percent. year we were blessed with the philan- Mr. Speaker, let us take a look at tax So we have a growing economy, and thropy of that community giving more relief, because all we hear from our col- that growing economy is important to money to the United Way and its agen- leagues on the other side of the aisle is the continuing fiscal responsibility of cies each year than it did the previous that if we would only raise taxes on the this House. year. American people, we could be fiscally Cutting spending is difficult to do. Well, we went through a string of responsible. Let us take a look at what Family budgets cannot run on a deficit about 15 years where we raised more tax relief is all about. very long. Businesses cannot run at a money than we did the year before, all Number one, when you look at the deficit very long. About the only entity the agencies got a little more money. amount of tax relief that we have in the world that can run on a deficit But we had a catastrophic year, it hap- passed in the Federal budget, let us as- for any length of time is the Federal pened about the time that the price of sume for a second that all tax relief, as Government. Simply because the Fed- oil went to eight bucks a barrel back in the Democrats would lead you to be- eral Government can do it certainly is 98–99, and we actually raised less lieve, is somehow wasted money. They no reason why the Federal Government money. do not realize it is not their money. It should do it. So all of the agencies that were de- is money that belongs to American Let me put it in perspective. The pendent on those United Way collec- families, it is money that belongs to budget that we passed in April and we tions actually got a real cut; not a re- small businesses, people who go out are chewing on right now called for us duction in the growth, but a real cut in and work hard and create jobs. Number to spend some $2.56 trillion. Now, under their spending. So they had to go back one, it is not their money, it is the peo- any circumstance, that is a lot of and look at everything they did. They ple’s money, and we will never forget money. It is just a lot of money. But it had to go back and make hard choices that. really does not mean much to us in between what were programs that they But let us assume for a fact that those terms. Let me give you a term decided they had to set a priority on. somehow we wasted money by allowing that kind of helps put it in perspective. They had to force themselves through American families to keep more of it. In the fiscal year we are in right now, a catharsis of having to readjust how Mr. Speaker, in a $13.9 trillion budg- which started October 1, 2005, this gov- they spent money. et, tax relief is less than 1 percent of ernment will spend $81,177 every sec- Today, every single one of those that budget. So when we talk about ond. I am going to wait about 4 seconds agencies is still around, they are still what is necessary to bring down the here and well run up about $320,000. A after their core mission, they are still Federal deficit, again, over 99 percent lot of that money is spent correctly, doing the great work they have done, of the challenge lies on the spending but much of it is spent in ways that we but they are better at it as a result of side. But the truth is, Mr. Speaker, let- probably ought to leave that money having gone through the tough times. ting American families and small busi- with our taxpayers. So when people talk about reducing nesses keep more of what they earn is My colleague from Texas said earlier, the amount of funds available to an not part of the deficit problem, it is every single dollar that the Federal agency, what we are really talking part of the deficit solution.

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.089 H02NOPT1 H9552 CONGRESSIONAL RECORD — HOUSE November 2, 2005 Again, any Member is entitled to lief, they were able to go out and buy have to be reformed, because they were their own opinion, but they are not en- a new piece of modern equipment that instituted many, many years ago, titled to their own facts. I have in my helped make them more efficient. Now, many decades ago in a different era. hand here the latest report from the I could not tell you exactly what it did, They were not built in the 21st cen- U.S. Treasury talking about tax reve- but I saw it, it was big, it was noisy, it tury, they are not meeting the de- nues. And what do we discover? Well, was large. But most importantly, Mr. mands of the 21st century, and they we discover that since we passed tax Speaker, it made them more efficient. will not be here for our children, unless relief for the American people as part Instead of having to lay off 2 people, we reform them. of an economic growth program, well, they were able to hire 3 new people. So as the Democrats attack tax relief guess what? Now, think about that, Mr. Speaker. and as they claim that there are some- Mr. Speaker, corporate income taxes That is 5 people. Five people that could how massive budget cuts going on, re- are up 47 percent. Individual income have been on unemployment, 5 people member what their alternative is. taxes are up almost 15 percent. Total that could have been on welfare, 5 peo- Their alternative is going to be to dou- receipts are up almost $300 billion. ple that could have been on food ble taxes on our children. I believe, Mr. Again, this is not my opinion, these are stamps. Speaker, that that is simply, simply the facts. Now, that is how the Democrats unconscionable. It is unconscionable, Look at this chart, Mr. Speaker. measure compassion. They only know and a future that we must avoid. Look what has happened since we one way to measure compassion, and Mr. Speaker, this kind of graphically passed tax relief for the American peo- that is how many welfare checks do represents that future. Today, govern- ple. Every year we see tax revenue you write. We believe that compassion ment is taking up roughly 20 percent of going up. is measured by how many paychecks our economy, roughly 20 percent of So in many respects, again, it is a bit you write. So instead of having 5 peo- what we produce. Look what is going of a tax increase, but it is the right tax ple over here on welfare and unemploy- to happen in one generation. If we do increase. It results from economic ment and food stamps, there were 5 not do anything to reform this out-of- growth. And what has happened is not people that, due to tax relief, had good control entitlement spending, if we do only, not only, Mr. Speaker, have we jobs. They were able to put a roof over not start on the deficit reduction managed to bring in more revenues to their heads. They were able to put food today, you are going to see government the government and bring the deficit on their tables. They were able to help double, absolutely double in one gen- down, the deficit has now declined $319 provide education and transportation eration. billion. for their children. These are the tax increases that are Again, compassion is not measured b 2310 going to be needed to pay for that, by how many welfare checks are writ- something that we never see the Demo- The deficit has now declined $319 bil- ten, it is measured by how many pay- crats talk about, but it is their plan, lion, because we have more revenues. checks that are written. The deficit is coming down. But, not So, Mr. Speaker, we need to remem- because they say, well, we are going to only that, 4 million new jobs have been ber, as we are debating fiscal responsi- balance the budget. That is what they created; 4 million new jobs. We are en- bility in the people’s House, we need to tell us. They say, we are going to be joying the highest rate of homeowner- think in terms of it is not a question of fiscally responsible. Yet, they will not ship that we have ever enjoyed in the how much are we going to spend on reform any single government pro- entire history of the United States of education, how much are we going to gram. They will not reform any of America, all due to tax relief. Yet, spend on nutrition and how much are them. So what is left? Doubling taxes Democrats want to raise taxes on the we going to spend on housing, but it is on the American people in one genera- American people. They are trying to a question about who is going to do the tion. raise them right now. spending. Democrats can only measure Now, Mr. Speaker, I became a father 1 Mr. Speaker, that is just not right. compassion by spending done by the 3 ⁄2 years ago, and I am very blessed They want to take the child tax credit Federal Government. And what we end that my wife and I have 2 small chil- 1 away. They want to bring back the up with, again, is all this waste, all dren, a 3 ⁄2 year old daughter and a 2 death tax. They want to take away ac- this fraud, all this abuse, all this dupli- year old son. They have changed my celerated depreciation for small busi- cation. We want families to do the life in so many wonderful ways. I can nesses. They want to bring back the spending, and we know the difference tell you, Mr. Speaker, I spend a whole marriage penalty. All of this they are between the 2. So tax relief is all about lot of time now thinking about the actively trying to do, trying to in- helping families, it is helping small next generation. Too many people here, crease taxes on the American people to businesses. So as we debate fiscal re- though, are thinking about the next pay for all of this waste and all of this sponsibility and how to bring down the election. I do not want to leave my duplication that you have heard cited deficit, we must recall that tax relief is children this legacy of tax increases. I this evening. part of the solution, it is not part of do not want to leave my children a leg- But, Mr. Speaker, again, we cannot the problem. acy of debt. I want to leave my chil- have tax increases. That is the wrong Mr. Speaker, it is so important that dren and the children of America a leg- prescription for the economy. we begin the work of reforming these acy of more hope and more jobs and Now, some people may say, well, it different programs, because if we do more opportunity and more freedom. does not quite make sense. How do you not, the fiscal future of America, That is what we are working on here. cut tax rates and get more tax rev- frankly, is very, very worrisome. We have got to protect the family enue? And how does this work into this Right now, if you look at any of the budget from the Federal budget, but we whole debate about what is compas- different offices in Washington that are have to start today with this Deficit sionate and what is not compassionate? charged with accounting, the General Reduction Act. Well, Mr. Speaker, it was a number of Accountability Office, the House Budg- Mr. Speaker, I hope that we can come months ago, but I went to go visit a et Committee, the Congressional Budg- together. I hope we can work together small business in my congressional dis- et Office, they will all tell you essen- as Republicans and Democrats and trict back in Texas. I went to a small tially the same thing, that we have Independents and do something about business that is called Jacksonville In- spending patterns in the government this, because there is too much waste, dustries in Jacksonville, Texas. They today where we are going to have to there is too much fraud, there is too are a zinc and a dye-casting business double taxes on the American people in much abuse, there is too much duplica- and, due to competitive pressures, they one generation just to balance the tion. The future can be brighter. It can were on the verge of having to lay off budget. You got medicare growing at 9 be brighter for my children and your 2 people, 2 out of about 20, I believe, so percent a year, medicaid at 7.8, Social children and all children if we will only that would have been 10 percent of Security, 5.5. start today to save the family budget their work force. That would have been These are important programs and from the Federal budget by working on pretty sizable. But due to our tax re- they need to be preserved, but they this Deficit Reduction Act.

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.090 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9553 LEAVE OF ABSENCE transmitting the Department’s final rule — 23, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Guaranteed Farm Ownership and Operating the Committee on Financial Services. By unanimous consent, leave of ab- Loan Requirements (RIN: 0560-AG65) re- 4901. A letter from the General Counsel, sence was granted to: ceived October 7, 2005, pursuant to 5 U.S.C. FEMA, Department of Homeland Security, Mr. MENENDEZ (at the request of Ms. 801(a)(1)(A); to the Committee on Agri- transmitting the Department’s final rule — PELOSI) for today after 4:00 p.m. culture. Final Flood Elevation Determinations — re- 4891. A letter from the Administrator, ceived August 23, 2005, pursuant to 5 U.S.C. f AMS, Department of Agriculture, transmit- 801(a)(1)(A); to the Committee on Financial SPECIAL ORDERS GRANTED ting the Department’s final rule — Oranges, Services. Grapefruit, Tangerines, and Tangelos Grown 4902. A letter from the General Counsel, By unanimous consent, permission to in Florida; Modifying Procedures and Estab- FEMA, Department of Homeland Security, address the House, following the legis- lishing Regulations To Limit Shipments of transmitting the Department’s final rule — lative program and any special orders Small Sizes of Red Seedless Grapefruit Suspension of Community Eligibility [Dock- heretofore entered, was granted to: [Docket No. FV05-905-2 IFR] received Sep- et No. FEMA-7883] received August 25, 2005, (The following Members (at the re- tember 15, 2005, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Financial Services. quest of Mr. DEFAZIO) to revise and ex- 801(a)(1)(A); to the Committee on Agri- culture. 4903. A letter from the General Counsel, tend their remarks and include extra- 4892. A letter from the Director, Regula- FEMA, Department of Homeland Security, neous material:) tions Policy and Management Staff, Depart- transmitting the Department’s final rule — Ms. WOOLSEY, for 5 minutes, today. ment of Health and Human Services, trans- Final Flood Elevation Determinations — Au- Mr. DEFAZIO, for 5 minutes, today. mitting the Department’s final rule — Food gust 25, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial Mr. BROWN of Ohio, for 5 minutes, Labeling; Nutrient Content Claims, Defini- tion of Sodium Levels for the Term Services. today. 4904. A letter from the General Counsel, ‘‘Healthy’’ [Docket Nos. 1991N-0384H and Mr. EMANUEL, for 5 minutes, today. FEMA, Department of Homeland Security, 1996P-0500] (formerly 91N-384Hand 96P-0500) Mr. STUPAK, for 5 minutes, today. transmitting the Department’s final rule — (RIN: 910-AC49) received October 19, 2005, Changes in Flood Elevation Determinations (The following Members (at the re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- — received August 25, 2005, pursuant to 5 quest of Mr. JONES of North Carolina) mittee on Agriculture. U.S.C. 801(a)(1)(A); to the Committee on Fi- to revise and extend their remarks and 4893. A letter from the Acting Director, De- nancial Services. include extraneous material:) fense Procurement and Acquisition Policy, 4905. A letter from the General Counsel, Mr. FORBES, for 5 minutes, today. Department of Defense, transmitting the De- FEMA, Department of Homeland Security, Mr. NORWOOD, for 5 minutes, Novem- partment’s final rule — Defense Federal Ac- transmitting the Department’s final rule — ber 3. quisition Regulation Supplement; Quality Changes in Flood Elevation Determinations Control of Aviation Critical Safety Items Mr. FRANKS of Arizona, for 5 minutes, — received August 25, 2005, pursuant to 5 and Related Services [DFARS Case 2003-D101] November 3. U.S.C. 801(a)(1)(A); to the Committee on Fi- received October 7, 2005, pursuant to 5 U.S.C. nancial Services. Mr. WESTMORELAND, for 5 minutes, 801(a)(1)(A); to the Committee on Armed 4906. A letter from the Counsel for Legisla- November 3. Services. tion and Regulations, Department of Hous- 4894. A letter from the Under Secretary for f ing and Urban Development, transmitting Personnel and Readiness, Department of De- the Department’s final rule — Project-Based SENATE CONCURRENT fense, transmitting a letter on the approved Voucher Program [Docket No. FR-4636-F-02] RESOLUTION REFERRED retirement of Lieutenant General Michael A. (RIN: 2577-AC25) received October 25, 2005, Hough, United States Marine Corps, and his pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- A concurrent resolution of the Sen- advancement to the grade of lieutenant gen- mittee on Financial Services. ate of the following title was taken eral on the retired list; to the Committee on 4907. A letter from the General Counsel, from the Speaker’s table and, under Armed Services. National Credit Union Administration, the rule, referred as follows: 4895. A letter from the Under Secretary for transmitting the Administration’s final rule Personnel and Readiness, Department of De- S. Con. Res. 56. Concurrent resolution ex- — Technical Corrections — received October fense, transmitting authorization of Major pressing appreciation for the contribution of 19, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to General Martin E. Dempsey, United States Chinese art and culture and recognizing the the Committee on Financial Services. Army, to wear the insignia of the grade of Festival of China at the Kennedy Center; to 4908. A letter from the Acting Division lieutenant general in accordance with title Chief, WCB, Federal Communications Com- the Committee on International Relations. 10 United States Code, section 777; to the mission, transmitting the Commission’s f Committee on Armed Services. final rule — Communications Assistance for 4896. A letter from the Under Secretary for Law Enforcement Act and Broadband Access ENROLLED BILL SIGNED Personnel and Readiness, Department of De- and Services [ET Docket No. 04-295; RM- Mr. Trandahl, Clerk of the House, re- fense, transmitting a letter on the approved 10865] received October 24, 2005, pursuant to 5 ported and found truly enrolled a bill retirement of Vice Admiral Lowell E. U.S.C. 801(a)(1)(A); to the Committee on En- of the House of the following title, Jacoby, United States Navy, and his ad- ergy and Commerce. vancement to the grade of vice admiral on 4909. A letter from the Legal Advsior to the which was thereupon signed by the the retired list; to the Committee on Armed Chief, Media Bureau, Federal Communica- Speaker: Services. tions Commission, transmitting the Com- H.R. 2967. An act to designate the Federal 4897. A letter from the Under Secretary for mission’s final rule — Amendment of Section building at 333 Mt. Elliott Street in Detroit, Acquisitions, Technology and Logistics, De- 73.622(b), Table of Allotments, Digital Tele- Michigan, as the ‘‘Rosa Parks Federal Build- partment of Defense, transmitting a cost es- vision Broadcast Stations. (Laredo, Texas) ing.’’ timate of a Future Combat Systems (FCS) [MB Docket No. 03-156; RM-10721] received by the Cost Analysis Improvement Group October 24, 2005, pursuant to 5 U.S.C. f (CAIG); to the Committee on Armed Serv- 801(a)(1)(A); to the Committee on Energy and ADJOURNMENT ices. Commerce. 4898. A letter from the General Counsel, 4910. A letter from the Legal Advsior to the Mr. HENSARLING. Mr. Speaker, I FEMA, Department of Homeland Security, Chief, Media Bureau, Federal Communica- move that the House do now adjourn. transmitting the Department’s final rule — tions Commission, transmitting the Com- The motion was agreed to; accord- Final Flood Elevation Determinations — Au- mission’s final rule — Amendment of Section ingly (at 11 o’clock and 19 minutes gust 23, 2005, pursuant to 5 U.S.C. 73.202(b), Table of Allotments, FM Broadcast p.m.), the House adjourned until to- 801(a)(1)(A); to the Committee on Financial Stations. (Hutchinson and Haven, Kansas) morrow, Thursday, November 3, 2005, at Services. [MB Docket No. 04-376; RM-11039] received 4899. A letter from the General Counsel, October 24, 2005, pursuant to 5 U.S.C. 10 a.m. FEMA, Department of Homeland Security, 801(a)(1)(A); to the Committee on Energy and f transmitting the Department’s final rule — Commerce. Suspension of Community Eligibility [Dock- 4911. A letter from the Legal Advsior to the EXECUTIVE COMMUNICATIONS, et No. FEMA-7885] received August 23, 2005, Chief, Media Bureau, Federal Communica- ETC. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tions Commission, transmitting the Com- Under clause 8 of rule XII, executive mittee on Financial Services. mission’s final rule — Amendment of Section 4900. A letter from the General Counsel, 73.202(b), Table of Allotments, FM Broadcast communications were taken from the FEMA, Department of Homeland Security, Stations. (Rule, Texas) [MM Docket No. 01- Speaker’s table and referred as follows: transmitting the Department’s final rule — 219; RM-10238] received October 24, 2005, pur- 4890. A letter from the Chief, Regulatory Changes in Flood Elevation Determinations suant to 5 U.S.C. 801(a)(1)(A); to the Com- Review Group, Department of Agriculture, [Docket No. FEMA-D-7575] received August mittee on Energy and Commerce.

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.092 H02NOPT1 H9554 CONGRESSIONAL RECORD — HOUSE November 2, 2005 4912. A letter from the Assistant Legal Ad- 4925. A letter from the Director, Regu- By Mr. BAIRD: viser for Treaty Affairs, Department of latory Management Division, USCIS, Depart- H.R. 4196. A bill to establish a National State, transmitting copies of international ment of Homeland Security, transmitting Foreign Language Coordination Council; to agreements, other than treaties, entered into the Department’s final rule — Adjustment of the Committee on Education and the Work- by the United States, pursuant to 1 U.S.C. the Appeal and Motion Fees To Recover Full force. 112b(a); to the Committee on International Costs [CIS No. 2245-02 and Docket No. DHS- By Mr. WATT (for himself, Mr. CON- Relations. 2004-0021] (RIN: 1615-AA88) received Sep- YERS, Mr. RANGEL, Mr. OWENS, Mr. 4913. A letter from the Chairman and Co- tember 19, 2005, pursuant to 5 U.S.C. TOWNS, Mr. LEWIS of Georgia, Mr. Chairman, Congressional Executive Commis- 801(a)(1)(A); to the Committee on the Judici- PAYNE, Mr. JEFFERSON, Ms. NORTON, sion on China, transmitting the Commis- ary. Ms. WATERS, Mr. BISHOP of Georgia, sion’s annual report for 2005, pursuant to 4926. A letter from the Corporation Agent, Ms. CORRINE BROWN of Florida, Mr. Public Law 106–286; to the Committee on Legion of Valor of the United States of CLYBURN, Mr. HASTINGS of Florida, International Relations. America, Inc., transmitting a copy of the Le- Ms. EDDIE BERNICE JOHNSON of Texas, 4914. A letter from the Acting Assistant gion’s annual audit as of April 30, 2005, pur- Mr. RUSH, Mr. SCOTT of Virginia, Mr. Secretary for Legislative Affairs, Depart- suant to 36 U.S.C. 1101(28) and 1103; to the WYNN, Mr. THOMPSON of Mississippi, ment of State, transmitting pursuant to sec- Committee on the Judiciary. Mr. FATTAH, Ms. JACKSON-LEE of tion 36(c) of the Arms Export Control Act, 4927. A letter from the Under Secretary for Texas, Mr. JACKSON of Illinois, Ms. certification regarding the proposed license Emergency Preparedness and Response, De- MILLENDER-MCDONALD, Mr. for the export of defense articles and equip- partment of Homeland Security, transmit- CUMMINGS, Ms. CARSON, Mrs. ment to the Government of Canada and the ting notification that funding under Title V, CHRISTENSEN, Mr. DAVIS of Illinois, Government of Australia (Transmittal No. subsection 503(b)(3) of the Robert T. Stafford Mr. FORD, Ms. KILPATRICK of Michi- DDTC 041-05); to the Committee on Inter- Disaster Relief and Emergency Assistance gan, Mr. MEEKS of New York, Ms. national Relations. Act, as amended, has exceeded $5 million for LEE, Mrs. JONES of Ohio, Mr. CLAY, 4915. A letter from the Chief Human Cap- the response to the emergency declared as a Ms. WATSON, Mr. DAVIS of Alabama, ital Officer/Director, HCM, Department of result the influx of evacuees from areas Mr. MEEK of Florida, Mr. SCOTT of Georgia, Mr. BUTTERFIELD, Ms. Energy, transmitting a report pursuant to struck by Hurricane Katrina beginning on MCKINNEY, Mr. CLEAVER, Mr. AL the Federal Vacancies Reform Act of 1998; to August 29, 2005 in the State of Arkansas, pur- GREEN of Texas, and Ms. MOORE of the Committee on Government Reform. suant to 42 U.S.C. 5193; to the Committee on Wisconsin): 4916. A letter from the White House Liai- Transportation and Infrastructure. son, Department of Justice, transmitting a H.R. 4197. A bill to provide for the recov- 4928. A letter from the Deputy General ery, reclamation, restoration and recon- report pursuant to the Federal Vacancies Re- Counsel, Small Business Administration, form Act of 1998; to the Committee on Gov- struction of lives and communities and for transmitting the Administration’s final rule the reunion of families devastated by Hurri- ernment Reform. — HUBZone, Government Contracting, 8(a) 4917. A letter from the White House Liai- cane Katrina and to address the issues of Business Development and Small Business poverty exposed by Hurricane Katrina; to son, Department of Justice, transmitting a Size Standard Programs (RIN: 3245-AF31) re- report pursuant to the Federal Vacancies Re- the Committee on Ways and Means, and in ceived October 19, 2005, pursuant to 5 U.S.C. addition to the Committees on the Judici- form Act of 1998; to the Committee on Gov- 801(a)(1)(A); to the Committee on Small ary, Financial Services, Energy and Com- ernment Reform. Business. 4918. A letter from the White House Liai- merce, Transportation and Infrastructure, 4929. A letter from the Secretary, Depart- Education and the Workforce, Small Busi- son, Department of Justice, transmitting a ment of Health and Human Services, trans- ness, Government Reform, and the Budget, report pursuant to the Federal Vacancies Re- mitting a draft bill entitled, ‘‘New Freedom for a period to be subsequently determined form Act of 1998; to the Committee on Gov- Initiative Medicaid Demonstrations Act of by the Speaker, in each case for consider- ernment Reform. 2005’’; jointly to the Committees on Energy ation of such provisions as fall within the ju- 4919. A letter from the Office of the Dis- and Commerce and Ways and Means. risdiction of the committee concerned. trict of Columbia Auditor, transmitting a re- 4930. A letter from the Acting Assistant By Mr. ANDREWS: port entitled, ‘‘Audit of Advisory Neighbor- Secretary for Legislative Affairs, Depart- H.R. 4198. A bill to amend the Safe Drink- hood Commission 3F for Fiscal Years 2003 ment of State, transmitting a copy of Presi- ing Water Act with respect to developing ad- Through 2005, as of March 31, 2005’’; to the dential Determination No. 2006-1, waiving ditional methods for assessing the health ef- Committee on Government Reform. and certifying the statutory provisions re- fects of drinking water contaminants on in- 4920. A letter from the Office of the Dis- garding the Palestine Liberation Organiza- fants, children, women, and pregnant trict of Columbia Auditor, transmitting a re- tion (PLO) Office; jointly to the Committees women, and for other purposes; to the Com- port entitled, ‘‘Letter Report: Certification on International Relations and Appropria- mittee on Energy and Commerce. of the Sufficiency of the Washington Conven- tions. By Mr. BOEHLERT: tion Center Authority’s Projected Revenues H.R. 4199. A bill to amend the Internal Rev- and Excess Reserve to Meet Projected Oper- f enue Code of 1986 to extend the environ- ating and Debt Service Expenditures and Re- REPORTS OF COMMITTEES ON mental tax on corporate income; to the Com- serve Requirements for Fiscal Year 2006’’; to mittee on Ways and Means. the Committee on Government Reform. PUBLIC BILLS AND RESOLUTIONS By Mr. WALDEN of Oregon (for him- 4921. A letter from the Office of the Dis- Under clause 2 of rule XIII, reports of self, Mr. BAIRD, Mr. GILCHREST, Ms. trict of Columbia Auditor, transmitting a re- committees were delivered to the Clerk HERSETH, Mr. FLAKE, Mr. THOMPSON port entitled, ‘‘Audit of Advisory Neighbor- for printing and reference to the proper of Mississippi, Mr. PETERSON of Penn- hood Commission 5A for Fiscal Years 2003 sylvania, Mr. BOYD, Mr. PICKERING, calendar, as follows: Through 2005, as of March 31, 2005’’; to the Mr. OBERSTAR, Mr. SHADEGG, Mr. Committee on Government Reform. Mr. LEWIS of California: Committee on BERRY, Mr. WICKER, Mr. LEWIS of 4922. A letter from the Director, Federal Appropriations. Report on the Revised Sub- California, Mr. ROSS, Mr. HASTINGS of Voting Assistance Program, Department of allocation of Budget Allocations for Fiscal Washington, Mr. PETERSON of Min- Defense, transmitting legislative proposals Year 2006. (Rept. 109–264). Referred to the nesota, Mr. GOODLATTE, Mr. TERRY, to simplify and streamline the absentee reg- Committee of the Whole House on the State Mr. POMBO, Mr. JINDAL, Mrs. DRAKE, istration and voting process used by Uni- of the Union. Mr. OTTER, Mr. NORWOOD, Mr. DUN- formed Services members, overseas citizens, Mr. KOLBE: Committee on Conference. CAN, Mr. REHBERG, Mr. HAYWORTH, and their voting-age family members; to the Conference report on H.R. 3057. A bill mak- Mr. ROGERS of Michigan, Mr. PEARCE, Committee on House Administration. ing appropriations for foreign operations, ex- Mr. GIBBONS, Mr. DEAL of Georgia, 4923. A letter from the Chairman, Flight 93 port financing, and related programs for the Mrs. CUBIN, Mr. CANNON, Mr. BROWN Advisory Commission, transmitting the fiscal year ending September 30, 2006, and for of South Carolina, Miss MCMORRIS, Flight 93 National Memorial International other purposes (Rept. 109–265). Ordered to be Mr. TAYLOR of North Carolina, Mr. Design Competition Summary Report, pursu- printed. RADANOVICH, Mr. SIMPSON, Mr. RENZI, ant to Public Law 107–226 section 4(i)(1) (116 Mr. GINGREY: Committee on Rules. House Mr. YOUNG of Alaska, Mr. MCCRERY, Stat. 1346); to the Committee on Resources. Resolution 527. Resolution providing for con- Mr. GOHMERT, Mr. HAYES, Mr. 4924. A letter from the Acting Director, Of- sideration of the bill (H.R. 4128) to protect HERGER, Mr. HEFLEY, Mr. DOOLITTLE, fice of Sustainable Fisheries, NMFS, Na- private property rights (Rept. 109–266). Re- Mr. BONNER, Mr. TANCREDO, Mr. tional Oceanic and Atmospheric Administra- ferred to the House Calendar. BOEHNER, Mr. BRADY of Texas, Mr. tion, transmitting the Administration’s final BISHOP of Utah, Ms. FOXX, Mr. ISSA, f rule — Fisheries of the Exclusive Economic Mr. HUNTER, Mr. MCKEON, Mr. BUR- Zone off Alaska; Groundfish of the Bering PUBLIC BILLS AND RESOLUTIONS GESS, Mr. CALVERT, Mr. ALEXANDER, Sea and Aleutian Islands Area [Docket No. Mr. COLE of Oklahoma, Mr. BARTLETT 021212307-3037-02; I.D. 120303A] received Octo- Under clause 2 of rule XII, public of Maryland, Mr. GOODE, Mr. GUT- ber 19, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); bills and resolutions were introduced KNECHT, Mr. SHERWOOD, Mr. HOEK- to the Committee on Resources. and severally referred, as follows: STRA, Mrs. BLACKBURN, Mr. WILSON of

VerDate Aug 31 2005 05:17 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\L02NO7.000 H02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — HOUSE H9555

South Carolina, Mr. ROHRABACHER, sions as fall within the jurisdiction of the By Mr. STRICKLAND (for himself, Mr. Mr. KNOLLENBERG, Mr. NUNES, Mr. committee concerned. STUPAK, Mr. FORD, and Mr. DAVIS of SESSIONS, Mr. GINGREY, Mr. BARTON By Mr. FORTUN˜ O: Tennessee): of Texas, Ms. GRANGER, Mr. REY- H.R. 4206. A bill to amend section 1011 of H.R. 4215. A bill to amend the matching NOLDS, Mr. TIAHRT, Mr. BLUNT, Mr. the Medicare Prescription Drug, Improve- grant program for bulletproof armor vests to KINGSTON, Mr. CANTOR, Mr. ment, and Modernization Act of 2003 to per- eliminate the matching requirement for cer- BEAUPREZ, Mr. WHITFIELD, Mr. EVER- mit Puerto Rico to qualify for Federal reim- tain officers; to the Committee on the Judi- ETT, Mr. PLATTS, Mr. BOOZMAN, Mrs. bursement of emergency health services fur- ciary. MUSGRAVE, Mr. SOUDER, Mr. SAXTON, nished to undocumented aliens; to the Com- By Mr. WU: Mr. PUTNAM, Mr. LINDER, Mr. mittee on Energy and Commerce. H.R. 4216. A bill to improve the account- ENGLISH of Pennsylvania, Mr. THOM- By Mr. FORTUN˜ O (for himself and Mr. ability provisions of the part A of title I of AS, Mr. CULBERSON, Mr. BASS, Mr. MCCRERY): the Elementary and Secondary Education JONES of North Carolina, Mr. ROGERS H.R. 4207. A bill to amend title XVIII of the Act of 1965, and for other purposes; to the of Kentucky, Mr. BARRETT of South Social Security Act to provide for equity in Committee on Education and the Workforce. Carolina, Mr. DAVIS of Kentucky, Mr. the calculation of Medicare disproportionate By Mr. CASTLE (for himself, Ms. WAMP, Mr. LEWIS of Kentucky, and share hospital payments for hospitals in WOOLSEY, Mr. BOEHNER, Mr. GEORGE Mr. DANIEL E. LUNGREN of Cali- Puerto Rico; to the Committee on Ways and MILLER of California, Mr. NORWOOD, fornia): Means. Mr. KILDEE, Mrs. BIGGERT, Mr. H.R. 4200. A bill to improve the ability of By Mr. GERLACH: OWENS, Mr. FORTUN˜ O, Mr. PAYNE, Mr. the Secretary of Agriculture and the Sec- H.R. 4208. A bill to amend title 35, United BOUSTANY, Mr. HINOJOSA, Mrs. JOHN- retary of the Interior to promptly implement States Code, to promote research among uni- SON of Connecticut, Mrs. MCCARTHY, recovery treatments in response to cata- versities, the public sector, and private en- Ms. ROS-LEHTINEN, Mr. KUCINICH, Mr. strophic events affecting Federal lands under terprise in the informatics realm; to the RAMSTAD, Mr. HOLT, Mr. BASS, Ms. their jurisdiction, including the removal of Committee on the Judiciary. MCCOLLUM of Minnesota, Mr. dead and damaged trees and the implementa- By Ms. MCKINNEY: ENGLISH of Pennsylvania, Mr. tion of reforestation treatments, to support H.R. 4209. A bill to temporarily deny Fed- GRIJALVA, Mr. LOBIONDO, Mr. VAN the recovery of non-Federal lands damaged eral assistance to the City of Gretna Police HOLLEN, Mr. FOSSELLA, Mr. MOORE of by catastrophic events, to revitalize Forest Department, the Jefferson Parish Sheriff’s Kansas, Mr. SESSIONS, Ms. Service experimental forests, and for other Office, and the Crescent City Connection Di- MILLENDER-MCDONALD, Mr. SHIMKUS, purposes; to the Committee on Resources, vision Police Department in the State of Mr. FILNER, Mr. REYNOLDS, and Ms. and in addition to the Committees on Agri- Louisiana for their maltreatment of individ- SLAUGHTER): culture, and Transportation and Infrastruc- uals seeking aid during the Hurricane H. Con. Res. 288. Concurrent resolution rec- ture, for a period to be subsequently deter- Katrina crisis, and for other purposes; to the ognizing the 30th anniversary of the enact- mined by the Speaker, in each case for con- Committee on the Judiciary. ment of the Education for All Handicapped sideration of such provisions as fall within By Ms. MCKINNEY: Children Act of 1975 and reaffirming support H.R. 4210. A bill to provide for the expedi- the jurisdiction of the committee concerned. for the Individuals with Disabilities Edu- tious disclosure of records relevant to the By Mr. CAPUANO (for himself, Mr. cation Act so that all children with disabil- life and death of Tupac Amaru Shakur; to VAN HOLLEN, Mr. FRANK of Massachu- ities have access to a free appropriate public the Committee on Government Reform, and setts, Mr. LANTOS, Mr. RUPPERSBER- education in the least restrictive environ- in addition to the Committee on Rules, for a GER, Mr. SANDERS, Mr. FARR, Mr. ment; to the Committee on Education and period to be subsequently determined by the BRADY of Pennsylvania, Mr. MORAN the Workforce. Speaker, in each case for consideration of of Virginia, Mr. MCGOVERN, Mr. NAD- By Mr. INSLEE (for himself and Mr. such provisions as fall within the jurisdic- LER, and Mr. TOWNS): SHAYS): H.R. 4201. A bill to amend title 5, United tion of the committee concerned. H. Con. Res. 289. Concurrent resolution States Code, to increase the amount of addi- By Mr. MEEK of Florida: supporting the goal and mission of America H.R. 4211. A bill to expand certain pref- tional compensation payable to an employee Recycles Day; to the Committee on Govern- erential trade treatment for Haiti; to the who is disabled and requires the services of ment Reform. Committee on Ways and Means. an attendant, and for other purposes; to the By Mr. CANNON (for himself, Mr. By Mr. PALLONE (for himself and Mr. Committee on Education and the Workforce. BISHOP of Utah, and Mr. MATHESON): RAMSTAD): By Mr. CONYERS (for himself, Mr. H. Res. 528. A resolution requesting the SCOTT of Virginia, Mr. RANGEL, and H.R. 4212. A bill to amend the Public Health Service Act to reauthorize and extend President to designate the Thursday before Ms. JACKSON-LEE of Texas): Thanksgiving Day as ‘‘Feed America Thurs- H.R. 4202. A bill to encourage successful re- the Fetal Alcohol Syndrome prevention and day’’; to the Committee on Agriculture. entry of incarcerated persons into the com- services program, and for other purposes; to By Mr. GALLEGLY (for himself, Mr. munity after release, and for other purposes; the Committee on Energy and Commerce, RADANOVICH, and Mr. VISCLOSKY): to the Committee on the Judiciary, and in and in addition to the Committee on Edu- H. Res. 529. A resolution recommending the addition to the Committees on Education cation and the Workforce, for a period to be integration of the Republic of Croatia into and the Workforce, Energy and Commerce, subsequently determined by the Speaker, in the North Atlantic Treaty Organization; to Ways and Means, Financial Services, and Ag- each case for consideration of such provi- the Committee on International Relations. riculture, for a period to be subsequently de- sions as fall within the jurisdiction of the By Ms. WATERS: termined by the Speaker, in each case for committee concerned. H. Res. 530. A resolution expressing the consideration of such provisions as fall with- By Mr. SCOTT of Virginia (for himself, sense of the House of Representatives con- in the jurisdiction of the committee con- Mr. RANGEL, Mr. CONYERS, Mr. demning the actions of the Gretna Police De- cerned. THOMPSON of Mississippi, Mr. JEFFER- partment, the Jefferson Parish Sheriff’s De- By Ms. DELAURO: SON, Mr. PAUL, Ms. JACKSON-LEE of partment and all officers under their com- H.R. 4203. A bill to amend the Internal Rev- Texas, Ms. LEE, Ms. EDDIE BERNICE mand who closed to foot traffic the Greater enue Code of 1986 to impose a temporary JOHNSON of Texas, Mr. AL GREEN of New Orleans Bridge in the aftermath of Hur- windfall profit tax on crude oil and to rebate Texas, and Mr. HASTINGS of Florida): ricane Katrina and prevented hundreds of the tax collected back to the American con- H.R. 4213. A bill to suspend temporarily the citizens from evacuating the City of New Or- sumer, and for other purposes; to the Com- application of laws which would deny certain leans, and recognizing that at all times and mittee on Ways and Means. federal benefits, entitlements, and grants to especially during a time of national crisis, By Mr. DOOLITTLE: victims of Hurricane Katrina or Hurricane H.R. 4204. A bill to direct the Secretary of Rita due to convictions for certain drug that all citizens should be treated in a lawful the Interior to transfer ownership of the crimes; to the Committee on Financial Serv- manner and with dignity and respect; to the American River Pump Station Project, and ices, and in addition to the Committees on Committee on the Judiciary. for other purposes; to the Committee on Re- Ways and Means, Education and the Work- sources. force, and Agriculture, for a period to be sub- f By Mr. FORD: sequently determined by the Speaker, in H.R. 4205. A bill to provide incentives to each case for consideration of such provi- ADDITIONAL SPONSORS encourage private sector efforts to reduce sions as fall within the jurisdiction of the Under clause 7 of rule XII, sponsors earthquake losses, to establish a national committee concerned. disaster mitigation program, and for other By Mr. SESSIONS (for himself, Mr. were added to public bills and resolu- purposes; to the Committee on Ways and WILSON of South Carolina, and Mrs. tions as follows: Means, and in addition to the Committees on BLACKBURN): H.R. 147: Ms. PRYCE of Ohio and Mrs. Transportation and Infrastructure, Science, H.R. 4214. A bill to provide for certain cost SCHMIDT. and Financial Services, for a period to be cutting measures for Amtrak; to the Com- H.R. 224: Mr. THOMPSON of Mississippi, Mr. subsequently determined by the Speaker, in mittee on Transportation and Infrastruc- DAVIS of Tennessee, and Mrs. JONES of Ohio. each case for consideration of such provi- ture. H.R. 365: Mr. ENGLISH of Pennsylvania.

VerDate Aug 31 2005 06:10 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\L02NO7.100 H02NOPT1 H9556 CONGRESSIONAL RECORD — HOUSE November 2, 2005

H.R. 487: Mr. SCHIFF. H.R. 2803: Mr. BOYD and Mr. BUTTERFIELD. H.R. 4145: MS. KAPTUR, Mr. SHAYS, Mr. H.R. 500: Mr. GILCHREST and Mr. MILLER of H.R. 2830: Mr. GERLACH. FALEOMAVAEGA, Mr. PRICE of North Caro- Florida. H.R. 2892: Mr. CAPUANO. lina, Mr. CHABOT, Mr. LOBIONDO, Mr. KIL- H.R. 690: Mr. HOYER. H.R. 2932: Mr. TANNER and Mr. DAVIS of DEE, Ms. PELOSI, Mr. STUPAK, Mr. H.R. 857: Mr. FILNER. Tennessee. MCDERMOTT, Ms. ZOE LOFGREN of Cali- H.R. 874: Mr. RYUN of Kansas and Mr. H.R. 2943: Mr. RAMSTAD. fornia, Mr. FARR, Mrs. BIGGERT, Mr. NEAL BONNER. H.R. 3074: Mr. PRICE of Georgia. of Massachusetts, Mr. MURTHA, Mr. H.R. 949: Ms. CARSON, Mr. HOLDEN, and Ms. H.R. 3151: Mr. MCDERMOTT. CAPUANO, Mr. WEINER, Ms. VELA´ ZQUEZ, Mr. SOLIS. H.R. 3334: Mr. CROWLEY, Mr. PAYNE, and MANZULLO, Ms. SLAUGHTER, and Mr. H.R. 972: Mr. VAN HOLLEN. Mr. BARROW. GRIJALVA. H.R. 1105: Mr. ABERCROMBIE and Mr. DOYLE. H.R. 3352: Mr. MARSHALL. H.R. 4157: Ms. HART, Mr. ROGERS of Michi- H.R. 1125: Mrs. LOWEY. H.R. 3361: Mr. FITZPATRICK of Pennsyl- gan, and Ms. JACKSON-LEE of Texas. H.R. 1259: Mr. ISSA, Mr. DAVIS of Kentucky, vania. Mr. BAIRD, and Mrs. JO ANN DAVIS of Vir- H.R. 3401: Mr. BARRETT of South Carolina. H.R. 4174: Mr. WEINER and Mr. TOWNS. ginia. H.R. 3436: Mr. MCHENRY. H. Con. Res. 42: Mrs. JO ANN DAVIS of Vir- H.R. 1281: Mr. SANDERS. H.R. 3442: Ms. WOOLSEY. ginia. H.R. 1337: Mr. BURTON of Indiana and Mrs. H.R. 3476: Mr. JINDAL. H. Con. Res. 235: Mr. SNYDER and Mr. CAPITO. H.R. 3478: Mr. SANDERS, Mr. WILSON of HOLDEN. H.R. 1351: Mr. KENNEDY of Minnesota. South Carolina, Mr. LYNCH, Mr. BISHOP of H. Con. Res. 260: Mr. MEEHAN and Mr. H.R. 1390: Mr. STUPAK and Mr. DOGGETT. Georgia, Mr. ROGERS of Alabama, Mr. REYES, DAVIS of Alabama. H.R. 1402: Ms. BEAN and Ms. ROS-LEHTINEN. Mr. KUHL of New York, Mr. FORD, and Mr. H. Con. Res. 280: Mr. GRIJALVA, Mrs. H.R. 1471: Mr. WELLER. TAYLOR of Mississippi. NAPOLITANO, Mr. CROWLEY, and Mr. GUTIER- H.R. 1545: Mr. COLE of Oklahoma. H.R. 3505: Ms. HARRIS. REZ. H.R. 1577: Mr. COSTA. H.R. 3561: Ms. WOOLSEY and Mr. BARROW. H. Con. Res. 282: Mr. STARK and Mr. BERSTAR H.R. 1588: Mr. O . H.R. 3579: Mr. SNYDER and Mr. PLATTS. MCGOVERN. H.R. 1591: Mr. LANGEVIN. H.R. 3607: Mr. MCNULTY. H. Con. Res. 286: Mr. DAVIS of Illinois, Ms. H.R. 1592: Mr. LANGEVIN. H.R. 3628: Mr. BARROW. EDDIE BERNICE JOHNSON of Texas, Mrs. H.R. 1595: Mrs. BLACKBURN, Mr. GALLEGLY, H.R. 3630: Mr. GILCHREST and Mr. SIMPSON. CHRISTENSEN, Mr. OWENS, Mr. CUMMINGS, Mr. and Mr. MELANCON. H.R. 3639: Mr. KLINE. MEEKS of New York, and Mr. RANGEL. H.R. 1667: Mrs. MALONEY. H.R. 3640: Mr. WAXMAN, Mr. HONDA, Ms. ISCLOSKY H.R. 1704: Ms. MOORE of Wisconsin and Mr. SOLIS, Mrs. CHRISTENSEN, and Ms. H. Res. 196: Mr. V . PETERSON of Minnesota. SCHAKOWSKY. H. Res. 215: Mr. CHOCOLA, Mr. BROWN of H.R. 1849: Ms. CARSON. H.R. 3644: Mr. DAVIS of Kentucky and Mr. South Carolina, and Mrs. CUBIN. H.R. 1951: Mr. PLATTS. BOEHLERT. H. Res. 223: Ms. ROS-LEHTINEN, Mr. H.R. 1994: Ms. KAPTUR. H.R. 3661: Mr. CARTER and Mr. HALL. FITZPATRICK of Pennsylvania, and Mr. ACK- H.R. 2012: Mr. RYUN of Kansas. H.R. 3781: Mr. MCDERMOTT. ERMAN. H.R. 2045: Mr. PETRI and Mr. SODREL. H.R. 3858: Mrs. NAPOLITANO, Mr. MENENDEZ, H. Res. 286: Mr. SHERMAN. H.R. 2048: Mr. CONAWAY, Mr. GENE GREEN of and Mr. ANDREWS. H. Res. 302: Mr. KLINE and Mr. FOSSELLA. Texas, Ms. SCHAKOWSKY, Mr. BOOZMAN, and H.R. 3889: Mr. TOM DAVIS of Virginia and H. Res. 458: Mr. LANGEVIN. Mr. GINGREY. Mr. NEY. H. Res. 477: Mr. MILLER of North Carolina. H.R. 2134: Mr. MCNULTY, Ms. WASSERMAN H.R. 3949: Mr. FORD, Mr. BISHOP of Georgia, H. Res. 489: Mr. MEEKS of New York, Ms. SCHULTZ, Mr. ROTHMAN, Mr. WALSH, and Mr. Mr. PALLONE, Mr. REYES, Mr. BRADY of Penn- SCHAKOWSKY, Mr. CONYERS, Mr. SHAYS, Mr. MOORE of Kansas. sylvania, Mr. ALEXANDER, Mr. KUCINICH, Mr. PETRI, Mr. WOLF, Mr. LEVIN, Ms. KAPTUR, AYNE H.R. 2217: Mr. P . REHBERG, and Mr. BOEHLERT. Mr. GEORGE MILLER of California, Mr. BAR- H.R. 2238: Mr. GILCHREST and Mr. BARROW. H.R. 3964: Mr. GRIJALVA and Ms. BALDWIN. ROW, Mr. COSTA, Mr. GRIJALVA, Mrs. H.R. 2292: Mr. RAHALL. H.R. 3969: Mr. CONAWAY, Mr. REHBERG, and NAPOLITANO, and Mr. FILNER. H.R. 2328: Mr. TIBERI. Mr. KUHL of New York. H. Res. 504: Mr. TANCREDO. H.R. 2357: Mr. DOYLE. H.R. 3975: Mr. MILLER of Florida and Mr. H. Res. 505: Mr. MCDERMOTT, Mr. ABER- H.R. 2554: Mr. OWENS, Mr. GRIJALVA, Mr. TIAHRT. CROMBIE, Mr. CONYERS, Mr. ACKERMAN, and WYNN, Ms. CORRINE BROWN of Florida, Mr. H.R. 3985: Mr. SCHIFF and Mr. BISHOP of Mrs. MALONEY. DAVIS of Alabama, Mr. FALEOMAVAEGA, and Georgia. Ms. KILPATRICK of Michigan. H.R. 4008: Ms. DEGETTE. H. Res. 510: Mr. BERMAN, Mr. UDALL of New H.R. 2669: Mr. NEAL of Massachusetts and H.R. 4015: Mr. SCOTT of Georgia. Mexico, Mrs. MCCARTHY, Mrs. MALONEY, Mr. Mr. ACKERMAN. H.R. 4025: Mrs. NAPOLITANO, Mr. COSTELLO, SAXTON, Mr. KING of New York, Mrs. H.R. 2671: Mr. ALLEN, Mr. BOOZMAN, Mr. Mr. DAVIS of Tennessee, and Mr. GUTKNECHT. NAPOLITANO, and Mr. KENNEDY of Minnesota. OWENS, Mr. ABERCROMBIE, and Mr. H.R. 4045: Mr. NADLER and Mr. WEINER. H. Res. 517: Mr. NADLER, Mr. BRADY of FITZPATRICK of Pennsylvania. H.R. 4054: Mr. ISTOOK, Mr. COLE of Okla- Pennsylvania, Mr. OBERSTAR, and Mr. H.R. 2682: Mr. MCINTYRE and Mrs. homa, Mr. LUCAS, and Mr. BOREN. CAPUANO. MALONEY. H.R. 4072: Mr. BASS. H. Res. 524: Mr. CLAY and Ms. SOLIS. H.R. 2793: Ms. HERSETH, Mr. CONAWAY, and H.R. 4113: Mr. REHBERG. H. Res. 526: Mr. MCDERMOTT and Mr. Mr. EHLERS. H.R. 4127: Mr. GILLMOR. PAYNE.

VerDate Aug 31 2005 06:10 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.107 H02NOPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, WEDNESDAY, NOVEMBER 2, 2005 No. 143 Senate The Senate met at 8:30 a.m. and was sume consideration of S. 1932, which every day. He suffered a loss in his called to order by the President pro the clerk will report. family in recent hours; he lost his tempore (Mr. STEVENS). The assistant legislative clerk read brother. I want him on behalf of his as follows: Senate family to know our thoughts go PRAYER A bill (S. 1932) to provide for reconciliation out to him. I wish I had his ability to The Chaplain, Dr. Barry C. Black, of- pursuant to section 202(a) of the concurrent counsel and speak with him as he does fered the following prayer: resolution of the budget for fiscal year 2006 with all of us. All I can say is my Let us pray. (H. Con. Res. 95). thoughts are with him and, recognizing Eternal Spirit, remind us that the Pending: his strong faith, I know he will pull things that unite us are stronger than Gregg (for Frist/Gregg) amendment No. through, but I know it will be difficult. the forces that divide as You give us 2347, to provide amounts to address influenza RECOGNITION OF THE MAJORITY LEADER discipline for today. and newly emerging pandemics. Help us to discipline our desires, that Conrad amendment No. 2351, to fully rein- The PRESIDENT pro tempore. The we will live without regrets. state the pay-as-you-go requirement through majority leader is recognized. Help us to discipline our appetites, 2010. SCHEDULE that we will avoid the pitfalls of self- Enzi modified amendment No. 2352, to pro- Mr. FRIST. Mr. President, this morn- vide elementary and secondary education as- indulgence. ing we will be getting an earlier start Help us to discipline our speech, that sistance to students and schools impacted by than normal in order to resume the our words will build up and not tear Hurricane Katrina and to lower origination deficit reduction bill. Senators GREGG down. fees. Help us to discipline ourselves in our Lincoln amendment No. 2356, to provide and CONRAD have agreed to an order for emergency health care and other relief for work, that we will focus on pleasing the next couple of amendments. We survivors of Hurricane Katrina. will continue to debate throughout the You. Inhofe/Chambliss amendment No. 2355, to Help us to discipline ourselves in our course of the day. At 6 p.m. all time is cap non-defense, non-trust-fund, discre- expired under the order. The Senate pleasure, that we will honor You even tionary spending at the previous fiscal year’s with our laughter. level, beginning with fiscal year 2007. will then debate the Agriculture appro- Help us to discipline even our Nelson (FL) amendment No. 2357, to hold priations conference report under the thoughts, that the meditations of our Medicare beneficiaries harmless for the in- 2-hour time limit reached last night. hearts will be acceptable to You. crease in the 2007 Medicare monthly part B The vote on that conference report will Strengthen the Members of this body premium that would otherwise occur because not occur this evening and we will set with the discipline to do Your will. of the 2006 increase in payments under the the time for that vote later. We pray this in Your strong Name. physician fee schedule. On Thursday morning we expect to Amen. The PRESIDENT pro tempore. Under come in early and begin the voting se- f the previous order, the time until 6 quence with respect to the pending p.m. shall be equally divided between amendments to the deficit reduction PLEDGE OF ALLEGIANCE the Senator from New Hampshire, Mr. bill. When the pending amendments are The PRESIDENT pro tempore led the GREGG, and the Senator from North disposed of, it is in order for Members Pledge of Allegiance, as follows: Dakota, Mr. CONRAD. to offer additional amendments. How- I pledge allegiance to the Flag of the Mr. REID. Mr. President, I know the ever, no debate is in order and we United States of America, and to the Repub- majority leader is here to be recog- would immediately vote on those lic for which it stands, one nation under God, nized. I ask through the Chair to the amendments. This is what we call af- indivisible, with liberty and justice for all. distinguished majority leader if I could fectionately—maybe not affection- f be recognized for a minute or two prior ately—the vote-arama. I urge my col- RESERVATION OF LEADER TIME to his recognition. I know he has a leagues to show restraint throughout The PRESIDENT pro tempore. Under right to do that. the course of both today and tomorrow the previous order, the leadership time Mr. FRIST. Mr. President, I would be with regard to the number of amend- is reserved. happy to yield. ments we are going to be voting on. It THE CHAPLAIN’S LOSS f is going to be an extremely long day Mr. REID. Mr. President, simply tomorrow with consecutive votes and DEFICIT REDUCTION OMNIBUS what I want to say is we have our Senators will not be able to wander far RECONCILIATION ACT OF 2005 Chaplain, whom I have grown to care a from the Chamber. We want to stay The PRESIDENT pro tempore. Under great deal about. He is part of the Sen- within the time limits for those votes the previous order, the Senate will re- ate family. He counsels, he prays for us in order to expeditiously deal with

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

S12149

VerDate Aug 31 2005 05:50 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.000 S02NOPT1 S12150 CONGRESSIONAL RECORD — SENATE November 2, 2005 each and every one of them in an effi- The amendment is as follows: It is ironic that if this legislation cient way. We will be finishing this bill (Purpose: To strike the title relating to the passes we will actually be opening up either tomorrow around 6 o’clock or establishment of an oil and gas leasing pro- drilling in a wildlife refuge with less Friday morning, depending on how gram in the Coastal Plain) protections than any other drilling in many votes we have. Beginning on page 96, strike line 16 and all any other site in America. So instead Mr. President, I think at this junc- that follows through page 102, line 8. of going to greater extremes to protect ture I yield the floor. Ms. CANTWELL. Mr. President, I a particular wildlife refuge, we are The PRESIDENT pro tempore. Who rise in support of my amendment that going to have the weakest standard. yields time? I think would reverse efforts to manip- The American people expect more. The Senator from North Dakota. ulate the budget resolution process to I hope my colleagues appreciate that Mr. CONRAD. Mr. President, for the pass what I believe is a controversial there are many flawed assumptions in- information of our colleagues, Senator energy policy. This policy is so con- herent in this drilling proposal. The GREGG and I entered into a unanimous troversial it doesn’t even meet the bar simple act of putting a policy on a consent agreement that the first for what I think is reasonable legisla- budget bill itself, I believe, is disingen- amendment to be considered today will tion. It couldn’t even gain the 60 votes uous. be the amendment on the Alaska Na- needed in this body. But that is not all because section tional Wildlife Refuge. The time will be I think it is important that we have 401 will almost certainly never raise controlled by Senator CANTWELL on our a continued debate on drilling in Alas- the $2.4 billion that drilling proponents side. ka that meets the environmental and claim it will. That is because the meas- The second amendment will be an permit processes that any drilling in ure presumes to generate these funds amendment by Senators GRASSLEY and America would have to meet. And that by splitting revenues between Alaska DORGAN on payment limits. The third is not what we are discussing in the un- and the Federal Government on an amendment today will be an amend- derlying bill. even 50–50 basis. But I think my col- ment by Senators LOTT and LAUTEN- My amendment is cosponsored by leagues might be surprised to learn BERG on Amtrak. Senators FEINGOLD, DAYTON, LIEBER- that this 50–50 legislative language I want to say to my colleagues, given MAN, KERRY, and others, and would pre- may not hold up in court. We just don’t the events of yesterday, our schedule vent oil and gas exploration and drill- know right now. We do know the State has been somewhat altered. It is going ing within the pristine Arctic National of Alaska has long maintained it is due to be exceedingly difficult to get de- Wildlife Refuge. 90 percent of all the natural resource bate time on all of the remaining I appreciate that this debate over the development revenue generated from amendments, even the significant Arctic Refuge coastal plain has contin- Federal land within its boundaries, and amendments. We have previously ued for more than 2 decades. I know we know this remains a controversial agreed that we will end debate at 6 the Presiding Officer and my other col- issue. Some have suggested this pro- p.m. today and then tomorrow go into league from Alaska have spent many posed 50–50 split in this legislation is a sequence of votes on the remaining hours on this legislation. But this issue merely a ploy to win passage. Some amendments. So I say this by way of has continued to stir the passions of have suggested that once it passes, it urging colleagues to show restraint many and polarized communities will be followed by a court battle from with respect to the use of time so a across our country. That is because the State of Alaska to force the Fed- maximum number of amendments can this debate is more than just about the eral Government into a 90–10 split of be considered and debated. Arctic Wildlife Refuge. It is not simply revenue. So this $2.4 billion the United With that, I yield the floor. about protecting one of America’s last States might receive would be a much The PRESIDENT pro tempore. The remaining great treasures. Rather, it is different picture. Senator from New Hampshire. a debate that forces us to confront our My colleagues may be interested to Mr. GREGG. Mr. President, we will priorities. It forces us to ask basic crit- know that even in June of this year, be going to ANWR here in a second, ical questions: Where do we go from the Alaska legislature passed a joint and then we will go to the Grassley- here on the future of our energy pol- resolution. It stated: Dorgan amendment, and then the icy? What inheritance do we want to The Alaska legislature opposes any unilat- Democratic leader of the bill will, I leave our children from an environ- eral reduction in royalty revenue from ex- presume, compose an amendment and mental perspective? ploration and development of the coastal then we will go to the Lott amendment We all must realize that God only plain of the Arctic Wildlife Refuge in Alaska on Amtrak. Is that the understanding? and any attempts that could coerce the granted the United States less than 3 State of Alaska into accepting less than 90 Mr. CONRAD. Yes. We have a unani- percent of the world’s remaining oil re- mous consent agreement that is in percent of the oil, gas, and mineral royalties serves and we as Americans need to do from Federal lands in Alaska that was prom- place with respect to CANTWELL, more with our own ingenuity to be- ised at statehood. GRASSLEY, LOTT. come less dependent on foreign oil. Mr. GREGG. But the understanding That is something that was passed by Imagine a future where we don’t turn is we should put somebody in—— the Alaska legislature, showing us they a blind eye to oppressive regimes in the Mr. CONRAD. With the under- have every intention to fight for a 90– Middle East only because they happen standing we will try to insert an 10 split. to control the majority of the world’s amendment in between the second and Later this week I will also offer an remaining oil reserves, or a future third. amendment that will get at this issue Mr. GREGG. As a matter of fairness, where Americans can drive hybrid or of trying to guarantee a 50–50 revenue that is the only way to approach it. hydrogen-powered SUVs that get 40, 50, split. I hope my colleagues will be re- At this time the Senator from Wash- or even 100 miles per gallon. That is corded on that amendment and show ington is ready to go and we can pro- how we want to see our future. That is they truly intend to have a 50–50 split ceed. how we are going to save consumers and that this not just a ploy in which The PRESIDENT pro tempore. The who are being hurt at the gas pump later the revenue scheme is changed. Senator from Washington today by these unbelievably high I am also concerned that many Sen- AMENDMENT NO. 2358 prices. ators may not support my amendment Ms. CANTWELL. Mr. President, I In the future we want Americans to because they believe drilling in the ref- send an amendment to the desk. have the opportunity to enjoy and ap- uge can be done in an environmentally The PRESIDENT pro tempore. The preciate this unique part of Alaska. benign way. They actually believe we clerk will report. That is why I believe the amendment I should move forward because they The assistant legislative clerk read am offering today talks about our na- think drilling in ANWR can be done in as follows: tional priorities. That is why this is a way that is environmentally sen- The Senator from Washington [Ms. CANT- too important a question to slide into sitive. WELL], for herself, Mr. FEINGOLD, Mr. DAY- the budget bill. This bill circumvents I think they are wrong. There is no TON, Mr. LIEBERMAN, and Mr. KERRY, pro- the processes for permitting and envi- real way to sugarcoat the fact that the poses an amendment numbered 2358. ronmental safeguards. oil company records on the adjacent

VerDate Aug 31 2005 05:50 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.001 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12151 Prudhoe Bay have been shameful. The would ever be used in the United Mr. DOMENICI. Is it correct that the facts speak for themselves. States. Senator from New Mexico may proceed According to the Alaska Department So if my colleagues think if we pass on the hour in opposition to the of Environmental Conservation, the this legislation that somehow it is amendment at this point? Prudhoe Bay oilfields and Trans-Alas- going to help the United States in the The PRESIDENT pro tempore. The ka Pipeline have caused an average of crisis we are in now, the Department of Senator is correct, if the Senator from 504 spills annually—annually—on the Energy analysis of the very little effect Washington yields the floor. North Slope since 1996. Through last and the fact that this oil will not be Ms. CANTWELL. I do. year, these spills included more than kept in the United States are two rea- The PRESIDENT pro tempore. The 1.9 million gallons of toxic substances, sons to support my amendment in- Senator from New Mexico. most commonly diesel, crude oil, and stead. Mr. DOMENICI. Mr. President, I have hydraulic oil. It takes one spill to per- Mr. President, the American people a number of Senators on this side of manently destroy a section of this feel strongly about drilling in the ref- the aisle who wish to speak, and they fragile arctic ecosystem. The people uge and other protected areas of our certainly are going to have their turn. know this. country. They want to know that the I thank the occupant of the chair for To quote an official from the North Senate is working to pass appropriate being here this morning. Slope city of Nuiqsut: legislation that manages these unique Obviously, this is an issue that some Development has increased the smog, haze, areas in a forthright and open manner. people think is very important to the and is affecting the health and the beauty of Our Nation must continue to preserve State of Alaska, and there is no ques- our land, sea, and air. and protect the entire Arctic National tion that it is. But this is an issue that I can only imagine how devastating Wildlife Refuge. is important to the American people. that must be for someone whose cul- I understand that some of my col- Every day Americans are worried ture and experience is so invested in leagues believe it is appropriate to sac- about our future. We just saw hurri- the vast open spaces and abundant rifice this area for what will amount to canes in the States of Alabama, Texas, wildlife. about 6 months’ oil supply, but I think Louisiana, and Mississippi shut down The news media has reported widely all Senators today agree that these are oil production in that part of the Na- on these issues of oil spills. 2 weeks questions that are not part of a budget tion. All of a sudden, America found ago, the Wall Street Journal, and many policy. They are more fundamental out that when we have that much less other papers, have reported on some se- about the discussions of what our na- oil—the amount that the hurricanes rious allegations. They have uncovered tional energy policy should be and the took off the market—everything hap- evidence that indicates there has been future of our country. pens for the worst for America. intentional dumping of untreated toxic I hope my colleagues will also begin I want to start with a simple propo- mud, a dangerous contaminated by- to finally start focusing on energy poli- sition. The minimal amount expected product common to Arctic drilling. cies to diversify off fossil fuel, to rec- to be received by the U.S. people from We have seen reports that the owner ognize that God gave us only 3 percent ANWR is about equivalent to all of the of an alpine field was forced to pay an of the world’s oil reserves and that the oil that was shut down by the hurri- $80,000 fine for releasing 215 tons of ex- best interest of the United States is to canes. Just think of that. Everybody cess carbon monoxide annually. And, diversify off fossil and plan for a future was listening to televisions were talk- yes, this is the same field that some of that lowers gas prices, plan for a future ing about and, newspapers were print- my colleagues visited last March, that makes us more secure on an inter- ing all of the oil rigs onshore and off- along with the Secretaries of Energy national basis. shore that produce energy for America and the Interior. Yet it is not the pris- Mr. CONRAD. Will the Senator yield that were shut down causing this enor- tine area. There is already evidence of for a moment? mous problem for America. One esti- pollution in that area. This is the same Ms. CANTWELL. Yes, I will. mate is that ANWR will yield that field my visiting colleagues charac- The PRESIDENT pro tempore. The much oil or more, which is a pretty terize as the cleanest in the world. And Senator from North Dakota. good starting point. I note the Alpine field is just 8 miles Mr. CONRAD. I thank the Chair. May I am not going to go into much detail from Nuiqsut. I inquire, has the amendment been sub- about this ANWR language that was I also want the American people to mitted? produced by the Energy and Natural know that the tradeoff for destroying The PRESIDENT pro tempore. The Resources Committee in response to a our Nation’s last great wild frontier amendment is currently pending. budget request made by the full Sen- will not be relief from skyrocketing Mr. CONRAD. The ANWR amend- ate, and I am not going to talk about gas prices. Our sacrifice will do little ment has been submitted. Are we tak- the $2.5 billion estimate, other than to to decrease our reliance on foreign oils ing time off the amendment? say I do not believe anybody is going to from countries that don’t have our best The PRESIDENT pro tempore. Yes, challenge it successfully before the intentions in mind. Here is why. The we are. Senate. It has been arrived at by the Energy Department’s latest analysis Mr. CONRAD. We are taking time off Congressional Budget Office, the au- estimates that even when the refuge oil the amendment. I thank the Chair. I thenticator of numbers for the Senate. hits peak production 20 years from excuse the interruption. That number is not dreamt up. This is now, it will lower gas prices by just one The PRESIDENT pro tempore. The not the White House, this is not the penny. A penny, Mr. President. That is Senator from New Mexico. Energy Committee, this is not the not an estimate that I have come up Mr. DOMENICI. Is the Senator fin- Alaskan Senators; this is the Congres- with, that is the Department of Ener- ished? I notice she is still standing. sional Budget Office, an independent gy’s own estimate. The PRESIDENT pro tempore. Does entity that is supposed to do estimates That is not very impressive consid- the Senator from Washington maintain that we assume should be used by us. ering the fact that the constituents in the floor? They say the legislation, as drafted, my State of Washington are now pay- Ms. CANTWELL. Mr. President, I will produce at least $2.5 billion over ing twice as much for a gallon of gas as don’t know what the agreed-upon order the period of time recommended by the they did just 3 years ago. is this morning, whether we are sup- budget instructions. I also urge my colleagues to vote for posed to use an entire hour or if we are That makes it relevant to the budget an amendment that my colleague from going back and forth. I am happy to reduction bill that is before us. It will, Oregon plans to offer. This legislation have the debate go back and forth and when it happens, because of the bids would prevent any of this oil from yield to my colleague. that will be made, reduce the deficit by going to foreign markets, such as Mr. DOMENICI. I don’t think there is $2.4 billion. That makes it relevant to China. Senator WYDEN has pointed out any agreed-upon order. a big deficit reduction package of all of to us and many others, including those The PRESIDENT pro tempore. The the actions that exceeds $39 billion. in the State of Oregon, that there is no Senator from New Mexico is correct, Having said that, let me then say, guarantee that the Arctic Refuge oil there is no order pending. since it is important and it is relevant

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.004 S02NOPT1 S12152 CONGRESSIONAL RECORD — SENATE November 2, 2005 and it will yield revenues to the Fed- that entire area—the green, the yellow, thus they are developed elsewhere and eral Government, the next point I wish and the orange—that will be used for there are no jobs in America to produce to make is how many votes are going the production of oil out of ANWR. what we have. to be required to pass this ANWR legis- I cannot believe the American peo- I have another chart here behind me, lation. This is a majority-vote situa- ple—if they understand after this de- and then that will be all that I will use. tion. Some say: Oh, this is not the bate is finished that that is what we This is one prepared by the Wharton right way to do it. We should leave it are talking about—could conceivably School. Some will say, and I will an- under what they call the normal pro- believe that this vote should fail today swer before they do, that this chart ceedings. Normal proceedings would, I and we should continue to say: Every- was produced a few years ago. It was. say to the opposition, require 60 votes, thing is wonderful in America. We can But do you know what Wharton School and we have done something that will get our oil from Saudi Arabia. We can did when they produced it years ago? only require a majority vote. get it from Mexico. We can get it from They used $55 a barrel. People on the I ask the American people who are around the world. But don’t bother to floor of the Senate said: Throw it way. listening and those who are concerned get it from America. It is just not what At $55 a barrel, they have to be wrong. about this, What do you as Americans we ought to do. We just asked them 2 years ago: Would expect the Senate to do when they are This country of ours has become de- you please bring it current? They said: voting on a measure that affects the pendent on our own States getting 80 Now we know we are right. We esti- American people? Since your first and percent of our oil from four States: mated $55, and I will tell you today it early days of being educated about the Texas, 22 percent; Louisiana, 21 per- is $59-plus on the market in the United American system, did you not assume cent; California, 18 percent; and Alas- States. So the Wharton study is cer- that a majority of Senators voting ka, 20 percent. That is just the way it tainly as good as we can get. would pass a measure in behalf of the is. Look what it says. If you develop American people? Isn’t that what we So, fellow Americans, our future, as ANWR, the United States of America, thought was the rule, 51 votes wins? far as American production, is tied to for Americans, will produce 128,000 They say: No, you shouldn’t let this those States. We do have some new manufacturing jobs; mining, including great reserve of oil that belongs to us, finds in the West, and they are excit- oil—all high-paying jobs—84,000; trade, that we ought to use, you shouldn’t let ing, but they are not going to be any- 225,000 in various trade activities; the 51 votes pass it. You ought to use 60 where close to this. service industry, 145,000; construction votes under some filibuster rule. Incidentally, mentioning Texas, per se, 135,000; and then a combination The rules of this Senate say you do some people say this is not very much of finance, real estate, and others, not filibuster this kind of bill. You go oil. I heard somebody mention that the which is that FIRE, 19,500. The total is back to the old American way of vot- 10 billion barrels that are going to be 736,000 jobs. ing, and 51 votes prevail. produced there is not very much. Let Has anybody produced such a bill on I hope, finally, after decades of work, me tell you how much it is: It is equal the floor of the Senate? We say let’s that we are rid of the 60-vote impedi- to the reserves of Texas. So for those have a jobs bill. We introduce a bill to ment to getting these assets, these re- who think it is not very much, maybe train people who are unemployed so serves, these resources opened up for we ought to say to the American peo- they can go to another job. We intro- our people, and we are back to the old- ple the entire production of Texas is duce a bill that says when people are fashioned 51-vote approach, and that fi- not very much. Maybe we could say we laid off, we will train them for another nally America will say: These are our don’t need the oil from Texas. If we go job, and this will produce a big number resources, they belong to us, and we out there and find we don’t like the of jobs. Has anybody ever introduced a ought to go up there and, under as way it is produced, just shut it down. It bill, had a proposal, made a suggestion, strict environmental laws as can ever isn’t important. There would be abso- argued in favor of—anything on the apply, because they are the American lute turmoil in this country if some- floor of the Senate that could produce laws, produce oil there. body said, Take the oil from Texas and 736,000 jobs, new jobs for the people of To put it in perspective as to how close it down, we don’t need it; it is the United States? Of course not, be- much property we are going to affect, just what Texas produces, and we don’t cause we do not produce jobs in the if this bill, as propounded by the Com- need it. Senate. We don’t produce them with mittee on Energy, is passed by this So the American people understand, bills, either, job training bills. We Senate, we will use up to 2,000 acres. It when this 2,000 acres is producing, it is produce them when we do things or will not be in one place. It will be in estimated by reliable estimators that eliminate things that cause entrepre- various places, but it will be 2,000 it will cause the reserves under the neurial investment activity that pro- acres. ground to be the equivalent of those in duces wealth, and with wealth, jobs. Mr. President, that is 2,000 acres out the State of Texas. That is a pretty big That is what we have here, no doubt of a refuge that is being talked about piece of the oil future of the United about it. At $50 a barrel, which is the regularly as something that we should States. Wharton study, that is what it will preserve and keep for posterity, and Let me talk a minute about a couple yield. Anybody who thinks that by the this Senator—and I believe everyone of other things that happen when you time we get to ANWR it will not be $50 who favors ANWR—says: Amen, pre- open ANWR. First, in the United a barrel and it will not yield this I be- serve it. States these days, we are all wondering lieve is hiding under their Senate desk How big is it? It is 19 million acres. what is happening to American jobs. as they vote no here in the Senate as And 2,000 acres, I say to the Senator How come everything is going over- far as ANWR is concerned. from Illinois, are going to be used. The seas? How come the American working Having said that, I want to take 3 refuge is 19 million acres. I don’t want man, the American construction work- minutes and tell the Senate about an to draw conclusions from that. People er who used to make good money—how experience I had. I went to Alaska, can see themselves, 2,000 acres. Or can come there is not enough work in that after many years. My friend, the occu- they? I guess you can’t even see it. Mr. field? How come big construction pant of the chair, and our new Senator President, 2,000 acres out of 19 million projects are not being done here any- from Alaska recently pushed me to do acres is hardly visible. more? How come it is just reported it. I went in about March of last year. We can see the Arctic National Wild- that out of the over 400 chemical plants It was awfully cold. I know that. I have life Refuge on this chart. The ANWR that are worth more than $1 billion, one great picture—I cannot believe I Coastal Plain is in green. The proposed each that is being built in the world, survived. development is that little tiny red one of them is being built in the great But what I saw, every Senator who is square. I don’t know if the TV cameras United States of America and the rest against this proposal ought to honestly are good enough to see it, but that is of them all over the world? We are ask- go see what is going on. There is one the 2,000 acres, 3.13 square miles. It is ing ourselves, What is happening to our production pad called Alpine. In its on the green piece on the chart. That is country? What is happening is we do completed stage, it is 60 acres of prop- the size of a piece of real estate out of not develop our own resources, and erty. In its completed stage, it is 60

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.005 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12153 acres. On that 60 acres is the produc- It will require 51 votes for those who cleaner, more fuel free supplies. In- tion capacity for 150,000 barrels a day. want to take this out. In the end, we stead we are now asking them to open Got it? That is 150,000 barrels a day. will need 51 votes to pass the bill. I be- up the Arctic National Wildlife Refuge The 60 acres, when we saw it, was solid lieve that is fair. It is such a huge re- for a very small amount of oil. ice. It had oil wells on it that were source for America. It should be passed My colleague talked about a large drilled, many of them, in less than 1 or denied not by 60 votes but by 51 number of jobs that may result from year, all close together, many of which votes, the majority vote in the United this. However, we have all heard the were vertical and horizontal, meaning States. Argue as you may in opposition expectations for an energy economy of you drill a well down and then go out to this. This is not the way to do it. the future that invests in alternative sideways and you go out for 3 or 4 Then what do you say the way to do it fuels and various renewable energy miles, 5 miles. When we get around to is? To require 60 votes? Who ever heard sources. Some of those job investments ANWR, they are going to be drilling of that as an American principle? That can be more than 3 million jobs in out 10, 15, 20 miles. So from one piece is a procedure that does not apply here. America. of real estate which we are worried The Senate has said it doesn’t apply That is the energy economy that we about we will get literally scores of un- here. The old American way of 51 votes want to see—not holding on to the past derground wells producing oil that is applies, and that is why we are here. and exorbitant energy costs which the coming to the surface, unified, and I want to close in one rebuttal. We Department of Energy says is only then put in a distribution facility and are going to hear a lot that this oil going to give us a 1-penny reduction in delivered. doesn’t do much. Whenever the amount gasoline prices—to get off fossil fuel. All of that work will be done in the of oil produced is equated to the total I yield to my colleague from Wis- dead of winter—the trucks, the trac- American picture, I want to answer it consin 7 minutes. tors, the moving things, the supplies, this way: Accepting a mean calculation The PRESIDENT pro tempore. The all come on winter roads. We were of 10.4 billion barrels of oil in ANWR, it Senator from Wisconsin is recognized there, so we could see the winter roads. would supply every drop of oil for the for 7 minutes. When the summer comes, the ice entire State of Florida for 29 years. Mr. FEINGOLD. Mr. President, I rise melts, the roads disappear, the tundra Hear that, the entire State of Florida in strong support of Senator CANT- is right back where it was, and Alpine, for 29 years; the entire State of Arkan- WELL’s amendment to strike section 401 the 150,000-barrel production wells are sas for 146 years; Hawaii, 249 years. We from the budget reconciliation bill. I there, covered by whatever covers will not be using oil that long, but peo- thank her for her dedication to pro- them from the weather, and out comes ple should surely get an idea that this tecting the Arctic Refuge, for her great a spout from which the oil goes on is a pretty significant resource for our deal of work over the years on this stakes that hold up the pipeline, and country. very important issue, and especially there it is, delivered to a source to go I thank all those who helped put this for her leadership today. to be used by Americans as they need bill together in our committee. I hope As I have said numerous times, I am oil to live, survive, make a living, and sometime during the day we will have deeply disappointed that the budget keep up their standard of living. a vote and it will be a vote where we process is being abused to open the Ref- Some say we should not be dependent uge to oil and gas activities. upon crude oil and carbons in the fu- say, for a change, we believe in Amer- ica’s future and we are going to do The Senator from New Mexico said ture. I submit there is nobody sug- he is going to hear Senators come out gesting that we know how to get off of something about it. I yield the floor. and say this isn’t the way to do it. He the transportation system we are cur- is right. This isn’t the way to do it. I rently using, in the short term. We are The PRESIDENT pro tempore. Who have tried to make this point in the going to be on that for some time, even yields time? The Senator from Wash- Budget Committee for 2 years. This when we engage in the largest program ington is recognized. isn’t the way to make policy relating we can, in terms of new ways to get our Ms. CANTWELL. Mr. President, I am to energy, and I deeply regret that we mobility, whatever it is—maybe hydro- going to yield to my colleague, Senator gen engines. It is going to take us FEINGOLD. Before I do, I point out there have to be out here on the floor dealing many years, during which time we are is a misrepresentation that somehow with this. It should have been disposed going to import oil from overseas in drilling in ANWR only covers a small of in the Budget Committee, as it is a huge quantities and send American area. Drilling in the refuge will really matter not appropriate for this setting. bounty to foreign countries, greatly in- create a spider web of industrial activi- Drilling in the Arctic Refuge is some- creasing our foreign trade balance, by ties over the entire 1.5 million acre thing that has been, and should con- the billions of dollars, all because we coastal plain, so it is much larger than tinue to be, discussed in an open debate send our money overseas to acquire oil. just a small footprint. instead of as part a back-door maneu- I beg the Senate to once and for all This legislation might also open up ver. This is a debate about energy and do the right thing regarding our future. nearly 100,000 acres of native land on environmental policy, as everybody Say no to sending more of our re- the Arctic coastal plain. So it is a knows. This is not about the Nation’s sources overseas. Say no to fewer jobs much bigger impact than my colleague budget. I believe that this back-door for the American people for the future. might have commented on. I want to tactic is an abuse of the reconciliation Say yes to the unions of the United make sure that point is clear. process. It reflects poorly on this body, States that represent these workers The other issue is, I don’t think there Mr. President, and invites greater mis- who are here en masse, begging us to is anybody in America who still be- chief down the line. pass this so they will have jobs. Say lieves our future and the future secu- Sadly, regardless of when or where yes to American business that is rity of America depends on fossil fuel. we have this debate, we have it because frightened about our competitive fu- I have seen the television commercials of a failure, most recently encap- ture, and say at least we are going to from the oil industry. Even they are al- sulated by this administration’s flawed take one step forward, not another step ways talking about the future, and al- Energy bill, to provide the American toward complacency, toward not caring ternative fuels, and what they are public with an energy policy that actu- about our future and standing on prin- doing to diversify our nation’s energy ally looks to the future. There is no ciples that are not applicable today. supplies. I certainly hope they hurry doubt that we, as a nation, face tough We know how to drill for oil without up and do that because the high price questions about our energy policy. damaging the tundra, without dam- we are paying at the pump and their However, it is clear that offering the aging the surface to any significant de- exorbitant profits are not leading us to Refuge as the solution points us in the gree. We ought to say yes, today, to a a better economic situation in Amer- wrong direction. Drilling in the Arctic very good budget reduction bill which ica. National Wildlife Refuge is a short- in its totality will reduce the budget But at the same time, I don’t think sighted sacrifice of one of America’s $39 billion—not a little pittance—of Americans believe our investments in greatest natural treasures, all for a which ANWR will yield $2.5 billion. the future should be about fossil fuel, supply of oil that may not last more That is not too shabby a number. they should be about diversifying to than a year, would not be available for

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.007 S02NOPT1 S12154 CONGRESSIONAL RECORD — SENATE November 2, 2005 many years to come, and, as the Sen- lished laws of the land. By slashing en- the proper context and are using this ator from Washington pointed out, vironmental protections so that they device of the reconciliation bill to get would decrease gas prices by only a are lower than on any other Federal around Senate rules. penny at its highest production. In- land, we are all but guaranteeing that Is there anyone in this Chamber who stead of such a backward plan, we need the Coastal Plain will suffer unneces- believes that the purpose of this provi- a forward-looking national energy pol- sary, preventable, and irreversible sion is to generate revenue for the icy that responsibly moves away from damage. This is no way to treat the budget? That in the context of a $2.6 our dependence on a finite resource crown jewel of our National Wildlife trillion budget, we must force the such as oil and toward greater energy Refuge System. opening of a wildlife refuge to get $2 independence. I regret that the admin- Mr. President, the language of the billion in new revenue over 10 years? Of istration’s only answer to our energy underlying provision is based on risky course not. crisis is to attempt to drill their way lease bid assumptions, it leaves the The real purpose of this provision is out of it. door open to diminished Federal reve- to frustrate the rules of the Senate— Beyond my objection to the abuse of nues, and it gives the Refuge fewer en- rules that protect the minority and the process and to the failure of our energy vironmental protections than all other process of judicious deliberation—in policy, I have several concerns about Federal lands that produce oil. It has order to jam through a provision the specific language included in this no place in this reconciliation bill, and through reconciliation that its pro- bill. I strongly urge my colleagues to sup- ponents have been unable to pass for First, I have grave concerns that we port Senator CANTWELL’s amendment. years. are basing our revenue assumptions on The PRESIDENT pro tempore. Who Section 401—the Arctic Refuge Title false financial pretenses. To achieve yields time? of the reconciliation bill—flagrantly the $2.4 billion required by the budget Ms. CANTWELL. Mr. President, I usurps the jurisdiction of the Environ- reconciliation, which, for comparison yield to the Senator from Connecticut ment and Public Works Committee, purposes, is equal to 3 weeks’ worth of 3 minutes. EPW. ExxonMobil’s 2005 third quarter profits, The PRESIDENT pro tempore. The EPW has sole jurisdiction over mat- we are proceeding on the assumption Senator from Connecticut is recognized ters relating to the U.S. Fish and Wild- that companies will bid an average of for 3 minutes. life Service and the management of the $3,333 for each and every acre of the 1.5 Mr. LIEBERMAN. I thank the Chair National Wildlife Refuge System—as million acres of Coastal Plain of the and my colleague from Washington. I well as over the National Environ- Arctic Refuge. However, over the last rise to support her amendment. mental Policy Act of 1969, NEPA, and 15 years, bonus bids for acreage on Mr. President, once again we are here the National Wildlife Refuge Adminis- Alaska’s North Slope have averaged ap- on the floor of the Senate debating tration Act of 1966. proximately $60 per acre, which is 98 opening up the Arctic National Wildlife For example, the title would vir- percent less than what is required for Refuge to drilling—a debate that began tually preclude the National Environ- purposes of this budget reconciliation. in 1985 and that has always been an- mental Policy Act’s requirement that Assuming the leases on areas with un- swered before now with a definitive environmental impact assessments be known deposits will sell for more than ‘‘no’’ on this Senate floor. performed before any leases can be 50 times the historical average is just Today’s debate is on a motion to granted. plain fiscally irresponsible. Fundamen- strike language permitting drilling Also, section 401 short circuits the tally, the reality of the leasing situa- that has been placed in the budget recall-important determination that the tion does not seem to coincide with the onciliation bill—a back-door maneuver Fish and Wildlife Service is required by revenues we assume today. to avoid true, unlimited debate on a de- the National Wildlife Refuge Adminis- Second, supposing that the revenues cision whose consequences will echo for tration Act to make that drilling is actually do reach the presumed level, generations with the fracturing of a compatible with the purposes of the the U.S. Treasury, and the U.S. tax- unique ecosystem. refuge. payer, may never see the money associ- The language in the Budget Rec- I ask my colleagues to consider that ated with opening the Refuge. onciliation Act fails its own two tests if this procedural sleight-of-hand can Both the State of Alaska and the for success. It will not raise significant be used to stymie open and unlimited Alaskan delegation have made it clear revenue for the Treasury and it will debate on drilling in the Arctic Refuge, that the State is likely to sue to re- not lead us to energy security. what other areas now closed for drill- ceive 90 percent of the leasing revenues This is both the wrong way to make ing will be opened up under the pretext instead of the 50 percent stated in this this decision. And it is clearly the of generating Federal revenue? language. In fact, this spring, the Alas- wrong decision to make. The Great Lakes? Our coasts? ka legislature passed a resolution that I strongly urge my colleagues to vote And what will we get in return for said they opposed ‘‘any attempt to co- for the motion to strike. If this vote putting this fragile Arctic wilderness erce the State of Alaska into accepting fails—and drilling is approved—then area at risk? Will we achieve energy less than the 90 percent of the oil, gas, for that reason alone, I will vote independence? and mineral royalties from the Federal against the Reconciliation bill. No we certainly won’t. land in Alaska that was promised to Let me begin by explaining why it is The Energy Information Agency tells the State at statehood.’’ The Alaskan wrong to even be debating drilling in us that peak production in the Arctic resolution makes it clear, as I have the Arctic Refuge in the context of this Refuge will be fewer than 1 million bar- stated before, that the debate over the reconciliation bill. rels per day. And that peak will not be Refuge is about energy policy and not This past summer we debated and reached until 2025 at the earliest. about the budget, and it doesn’t belong passed comprehensive energy legisla- At that point, if we continue our cur- in the budget reconciliation package tion. Drilling in the Arctic Refuge was rent oil-consumption trends, the refuge which is before us today. not even brought up in that thousand- will be contributing no more than 4 Finally, the language included in this page bill that we were told represented percent of U.S. oil consumption. bill fails to grant the same funda- comprehensive energy policy. Meanwhile, 70 percent of our oil mental protections to the Arctic Ref- The fact that the Senate spent no needs will be met by imports, with our uge as we grant to every square inch of time whatsoever debating drilling in national security and economy remain- the other Federal lands on which drill- the Arctic Refuge as part of energy leg- ing every bit as vulnerable to the eco- ing occurs. Why does the bill fail to islation, but now deals with it in budg- nomic dynamics and geopolitics of the provide the Arctic Refuge with funda- et legislation, tells us everything we global oil market as it is today. mental environmental protections? need to know about the motive of its If we were serious about facing up to Simply because the Energy Committee proponents. the reality of our energy security chal- argues that the Federal Government They know they don’t have the votes lenge, we would be committing our- can meet the budgetary time con- needed to authorize drilling if this pro- selves to changing the trend of ever- straints only by ignoring the estab- posal came to us in a proper debate in rising oil consumption.

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.009 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12155 That is why I will shortly be intro- budget of the United States projected dressed not only production, but we ad- ducing—with colleagues from both for the next fiscal year is $2.6 trillion. dressed conservation. We addressed resides of the aisle—legislation that will This is about drilling in the Arctic, newable energy sources, alternative en- lower our national dependence on oil not about the budget, and it doesn’t be- ergy sources. But in terms of doing by reinventing our transportation sys- long here. anything significant to directly in- tem from the refinery to the tailpipe I want to make this additional proce- crease domestic oil and gas production, by using hybrid vehicles and home- dural point, which I think strikes at we didn’t do much in that Energy bill. grown biofuels and electricity to power the heart of some of the key provisions We delayed that action until now. our vehicles. in this section. I would like to take some time this Destroying perhaps one of the great- Section 401—which is the Arctic Ref- morning to talk about why develop- est wilderness areas in the United uge title—flagrantly usurps the juris- ment of the Coastal Plain is not just States under the twin but barren ban- diction of the Environment and Public necessary in light of the current events ners of energy security and Federal Works Committee in contravention of in the past few months, not just the revenue is unacceptable when you con- the rules. The EPW Committee has sole price of energy but in light of what has sider what is at stake. jurisdiction over matters relating to happened up north in view of the tech- On February 14 of this year, 1,000 the U.S. Fish and Wildlife Service and nological change, the new data that leading U.S. and Canadian scientists the management of the National Wild- has been developed in the past decade called on President Bush to protect the life Refuge System, as well as over the to prove, to establish, that we can de- Arctic National Wildlife Refuge from National Environmental Policy Act of velop ANWR oil without harm to the oil drilling and to ‘‘support permanent 1969 and National Wildlife Refuge Ad- environment and to the wildlife that protection of the coastal plain’s sig- ministration Act of 1960. live there. nificant wildlife and wilderness val- For example, the title that would be My colleague from Washington, who ues.’’ struck would greatly limit to the point has proffered this motion to strike the The signers categorically rejected of preclusion the National Environ- ANWR provision, has said her amend- the notion that the impacts of drilling mental Policy Act requirement that ment is really about national priority. could be confined to a limited foot- environmental impact assessments be I would suggest that the national pri- print, as pro-drilling forces claim. performed before any leasing can be orities which are at stake with ANWR The effects of oil wells, pipelines, granted. are priorities that relate to energy se- roads, airports, housing, processing Also, section 401 shortcircuits the curity, a priority that relates to envi- plants, gravel mines, air pollution, in- all-important determination that the ronmental security, and a priority that dustrial noise, seismic exploration and Fish and Wildlife Service is required by relates to National and economic secu- exploratory drilling would radiate the National Wildlife Refuge Adminis- rity. across the entire coastal plain of the tration Act to make sure the drilling is These are what the priorities are Arctic Refuge. compatible for purposes of the Refuge. about and this is what ANWR can do Given those inevitable environ- I intend, at the proper time, to raise for us as a nation. It can help us with mental intrusions, is it any wonder, these procedural questions. our reliance on foreign sources of oil, it then, that the authors of this measure I thank my colleagues for giving me can help us with jobs, it can help us included provisions that would stymie these few minutes. build a stronger economy, and it can the environmental protections that This is a critical debate that I have help us in terms of meeting our envi- would normally apply under the Na- been involved in since I came in 1989. I ronmental obligation to our land. tional Environmental Policy Act and regret that it is happening this way. It Let me talk about some of these the National Wildlife Administration is happening this way because the issues. First, national security. When Act? And because they have all but votes are not there in a full debate and we talk about the reliance we have as eliminated these protections, drilling in the parliamentary-appropriate con- a nation on foreign sources of oil, it is will go forward with virtually none of text of drilling in the Arctic National not just talk. The reality is, this hits the environmental protections that the Wildlife Refuge. us, it impacts us in an incredibly sig- public expects to be in place for such The PRESIDENT pro tempore. Who nificant way. Right now we are about activity on other federal lands. yields time? 58 percent dependent on foreign oil. It just makes no sense to destroy the The Senator from Alaska. This dependency is expected to pass the Arctic Refuge for oil that won’t lower Ms. MURKOWSKI. Thank you, Mr. two-thirds mark within the next 20 prices to our consumers or give us true President. years. It threatens our national secu- energy security. I am pleased to be standing on the rity. It threatens our economy. The mark of greatness in a genera- floor today about 8 months after the When we see statements coming from tion lies not just in what it builds for last opportunity that we had to debate Venezuela, for instance, one of our itself, but also in what it preserves for the issue of development of a very leading sources of imported oil, sug- the generations to come. small portion of the Arctic National gesting maybe they do not need to do Drilling in the Arctic for some short- Wildlife Refuge. During that time— business with the United States, and term convenience in our time, will during that 8-month intervening we recognize the competition for oil on shortchange the legacy we should be time—we have seen the price of a bar- the global market, competition from building for the time of our children. rel of oil rise to as high as $73—now China, from India, we recognize we I urge my colleagues to vote to adopt about $63. The chairman of the Energy must do more domestically to meet our the motion to strike. Committee indicates that this morning needs, to strike this balance between I believe this is both the wrong way it is about $59. our need and what we are able to sup- to make this decision, and it is clearly That rise has come because of a num- ply. the wrong decision to make. ber of factors—continuing strong oil Chairman DOMENICI spoke to the jobs I urge my colleagues to vote for the demand in China and India and other factor, the economic side, as well as motion to strike. developing nations. It has come be- what this means to our balance of pay- I say for myself, if the vote fails, for cause of the effects of weather. We ments. ANWR oil will help stabilize not that reason alone I will vote against have seen the consequences of the hur- only our national energy prices, but it the reconciliation bill. ricanes in the gulf. It comes also be- will generate more than $30 billion in I want to add this one procedural cause the world fundamentally needs Federal revenues within 15 years. point to the very strong arguments I more oil. We talk about reducing our balance think my colleagues have made in sup- Goldman Sachs, in August, predicted of payments deficit all the time. Peo- port of the motion to strike and about that oil will average $68 again next ple need to appreciate one-quarter of why this is an end run on the rules, and year. this Nation’s trade deficit relates to why this is not about a budget matter. Also, since the last time we debated what we pay other countries for our This will raise a few billion dollars the subject of ANWR, we passed an En- oil. Last year we paid $166 billion to over 10 years; whereas, the annual ergy bill. In that Energy bill, we ad- buy oil overseas. We will pay even

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.026 S02NOPT1 S12156 CONGRESSIONAL RECORD — SENATE November 2, 2005 more than that this year. We have to have offset the oil we lost when the ration. You cannot come in and explore do something to address that balance Gulf of Mexico was hit by the hurri- at any time. You have to do it during of trade issue. cane damage and we had all of the oil the season that is allowed. They make The jobs will be created. People asso- shut in. measurements as to the thickness of ciate jobs as drilling and exploration If we are to discount the potential of the freeze before they will allow any jobs. What they need to keep in mind ANWR, it is as shortsighted a view- activity to begin construction of the is, when we have development of this point or perspective as we could ever ice roads or any activity on the tundra. size that we believe we can have on the have when it comes to our energy This is an example. This is not the Coastal Plain, this means jobs all over sources. This is akin to saying we exploration unit we went to, this is in the country in terms of making the should not open up Prudhoe Bay be- the National Petroleum Reserve. It is nuts and bolts, the pipes, the hauling, cause, based on the reserves we know very similar in size. We have the explo- the shipping. This means increased or expect to see there, we think it will ration rig standing taller in this photo- commerce, increased job activity all only provide this country 3 years’ graph with a few outbuildings that over the country. worth of oil. That is what the esti- allow those working out there to stay We throw around a lot of numbers, mates were. Prudhoe Bay has provided warm, get a little bit to eat. You can but look what it could mean to indi- this Nation with up to a quarter of its see the ice road going out there on the vidual States: To my colleague from domestic oil supply for the past 28 tundra. That is what it looks like in Washington, 12,000 jobs in Washington years. the winter. This rig probably is out State; 80,000 jobs in California; 48,000 We want to be given a chance on the there for 2 to 3 weeks. Then they pack jobs in New York State; Pennsylvania Coastal Plain to demonstrate we can up and move it to the next exploration gets 34,000; Florida, 34,000; Arkansas, do something actively to reduce this area the company might be looking to. 5,500. These are jobs associated with country’s reliance on foreign sources of This is what it looks like in the sum- the activity that will go on up north. oil. mer. This is one of the reasons we have sup- Again, back to the national prior- This photograph is the exact same port across the country for opening ities. Care for the environment: We area we saw, Rendezvous 2 well, Na- ANWR, a small portion of the Coastal take that very personally in Alaska. I tional Petroleum Reserve. This is ex- Plain, to oil exploration and develop- take it very personally. I was born and actly what it looks like during the ment. People see the economic oppor- raised there. I am raising my kids summer. The ice pad has melted. All of tunity for them even in States that are there. I want my grandkids to be raised the equipment was removed during the thousands of miles away. there. I want them to have the quality winter when the ice roads were there. Farmers recognize this will help of life we as Alaskans enjoy. We take What is left is this stub of that explo- them with stabilizing what they need the obligation to not only create jobs ration well. It is tough to tell from this to do when they are planting the crops and revenues for Alaskans, but we take picture because it actually looks pret- in the spring. Think of those products the obligation to care for our land as ty tall, but that stub is only about as made from oil. We get so fixated on the one of our highest priorities. This is tall as I am. It might be about 6 feet, transportation sector, but the reality why it is significant. When Alaskans a little taller. That is what is left. is we derive much from petroleum. speak on this, 70 percent of Alaskans This is what we do up North. We do it There are those that will say if we park support developing ANWR. The resi- for a couple of reasons. First, because every car in this country today, we dents who live on the Coastal Plain, we know it is the right thing to do. We would not have this incredible depend- the people of Kaktovik support opening need to make sure we are caring for the ency on foreign sources of oil, we would ANWR because they can see the bene- environment. Second, we have the not have this dependency. fits to them, but they can also see they toughest, the strictest environmental However, I suggest we are a nation can have the benefits of jobs and reve- standards for oil exploration and drill- that is dependent on petroleum for nues that can help them with their ing anywhere in the country, and I many things. Transportation is incred- schools and their health clinics, that would say probably anywhere in the ibly important, but we have tooth- they can do that in balance with the world. We are proud of it. We are proud paste, footballs, ink, life jackets, anti- environment, so their hunting, their of the results that come out of this. We septic, dentures, glue, clothing, food subsistence, their whaling, is not sac- can do the exploration. We do it in a preservatives. So much of what we con- rificed. safe and sound manner. We try to leave sume as a nation comes from petro- We like to talk up North about the as little footprint as possible. We are leum products. We should not say, if we gains in technology that have been doing that because it is the right thing conserve a little bit more, we do not made over the past 30 years. They are to do, but we are doing it because we need to open ANWR. We need to face, stunning. We are proud to speak of are working with the Native people as a nation, that we have a reliance on them. Earlier, Senator DOMENICI spoke who live up there, who have lived up petroleum. to the trip we took up North with sev- there for generations, who want to be When we talk about the amount of eral Members and the Secretary of In- able to continue to hunt and fish and oil available up north, again, we hear terior and Secretary of Energy. We whale. numbers floating all around. Some peo- went to an exploration pad built up on The caribou are free to room. The ple say it is 6 months’ supply; it is an an ice pad. They make an ice pad, and central caribou herd near Prudhoe Bay insignificant supply. The fact of the the ice pad is connected by an ice road. in the 30 years since we have had oil matter is, and this is according to This road is almost a Zamboni-type development has grown 10 times. Some USGS estimates, ANWR’s Coastal machine. They roll it out over the very say we scare away the caribou and the Plain has a 50–50 chance of containing frozen tundra and they create this road Native communities will not have the the second largest oilfield in North of ice. The ice buildup is probably a subsistence source. The fact of the America. As was stated before, what we foot or so thick, maybe higher in cer- matter is, the reality proves otherwise. anticipate to get out of ANWR would tain areas as you approach stream We are doing what we should be doing be the equivalent of the Texas oilfields. crossings. The exploration pad is a when it comes to care for the environ- To those suggesting Texas is insignifi- pretty compact unit and very impres- ment. cant in terms of its contribution, we sive in terms of the size and scope of Polar bears have not been mentioned would say that is crazy. the equipment used. They have today, but they might later in debate Another example regarding what we Rollagons with tires that are 15 feet so I will address them. There are some anticipate to get from the reserves up high. They are huge, immense pieces of who are concerned that man’s activity North: the equivalent of what we have equipment. They go in, haul in the ex- there will be driving the polar bear been receiving from Saudi Arabia for ploration equipment over the ice roads from the Coastal Plain. The fact of the the past 25 years. Again, these are not in the middle of the winter. Keep in matter is we have very healthy polar insignificant amounts of oil. mind, the State, in consultation with bear stocks up North in the Coastal What we anticipate we would receive other agencies at the Federal and local Plain area where we are talking about from ANWR on a daily basis would level, make a determination for explo- the potential for ANWR development.

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.011 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12157 We have about 29 identified dens. We tion that would prohibit Alaska oil Now, the other thing you do not hear use infrared detection to determine from being exported. In fact, that is is that the average oil spill was 89 gal- where the polar bear are actually the case. But I should remind my col- lons. This is the equivalent of about denning so we do not go near them. We leagues that very little—very little— two barrels of oil, and that of that, are taking the steps needed and nec- Alaskan North Slope crude has ever those two barrels of oil, 94 percent of essary to care for the animals and the been exported. We do not anticipate that oil was absolutely, totally cleaned environment. that it would be exported, given the de- up. According to DEC, which is the Other things we are doing to recog- mand on the west coast, given the de- State Department of Environmental nize we need to work with the environ- mand in this country. None is regu- Conservation, 93 percent of all oil spills ment, with the animals, with those larly exported now, and it has not been were of less than 100 gallons in volume, who would live there, include drilling exported regularly in the past 6 years. two-thirds were of less than 10 gallons, restrictions during the summer months Now, it is true that back in 1995 we and less than a quarter barrel of oil. to prevent noise activity. There are had a glut of oil on the American west So over the past decade, for the past prohibitions on any kind of seismic ac- coast, and Congress did, in fact, vote to 10 years, up North, there have only tivity when the whales are migrating permit the export of Alaskan oil. So been 11 crude oil spills of more than through. We are using directional drill- from 1996 to 1999 there was about 5.5 1,000 gallons, and 97 percent of that oil ing so we go into the ground and under percent of Alaska production that was was fully recovered. the surface, and we are able to drill out being exported over to the Asian coun- We can talk about the spills and re- 3 or 4 miles in every direction so there tries to relieve that glut. portable spills, but if you look at a is no disturbance to the surface. We are now in a different time, a dif- number, it is important to know: A, We are talking about a 2,000-acre lim- ferent place. There is no excess oil on what was it that was spilled; B, how itation. I will go back to the map of the west coast. At this point, even much; and, C, how the cleanup was the Coastal Plain to again put it in though we are allowed to do so, there is handled. perspective. We are talking about 2,000 no oil that is being exported. So where Prudhoe Bay is actually one of Amer- acres. That is about the size of an aver- is it going? Fifty percent of all of Alas- ica’s cleanest areas. ANWR develop- age size ranch in South Dakota, ac- ka’s gas, coming from Prudhoe Bay, ment, given the technology we have, cording to what the Senator from goes to the California refineries. This we know is going to be even better. Now, I have to address the issue of South Dakota tells me—2,000 acres in is near San Francisco and LA. We have too little oil to even bother exploring. an area. The Coastal Plain on this map 42 percent going to Puget Sound up in I mentioned it very briefly at the be- is the green area. The Coastal Plain is Washington State, and 8 percent goes ginning. 1.5 million acres. We are asking to drill to the State of Hawaii. There is a very fractional amount that stays in Alaska The USGS has recently updated its and explore in an area the size of 2,000 estimates. In fact, it was just within acres out of 1.5 million. The other col- for in-State refinery needs. But what you also need to keep in the past week or 10 days or so that ored areas on the map indicate the wil- mind is that it is cheaper for us to ship USGS released its updated estimates derness area and the Refuge itself. the oil to the lower 48 than to the Far for the amount of economically recov- The orange shown on the map is the East. It is a matter of pure logistics. It erable oil that will be found in ANWR. Refuge. The wilderness area is the yel- is 2,056 miles to LA versus 3,401 miles What they are now saying is that at low part of it. The whole Arctic Na- to Yokohama, Japan. So the economics the prices we are looking at—they peg tional Wildlife Refuge itself is an area of it suggests that it does not make it as $55 a barrel—93 percent of all the the size of South Carolina. It is 19.6 sense to ship any oil from Alaska over- technically recoverable oil will be eco- million acres. Of that 19.6 million seas at this point. nomically worth producing. That is up acres, we have 8 million that are dedi- Now, another issue that was raised from a previous estimate of 83 percent. cated wilderness. We cannot, will not, was the issue of oil spills. This is some- It means we have a 50–50 chance the have no intention of going in and doing thing that when you hear the debate, Coastal Plain is going to contain 9.7 anything. That is entirely protected. these issues raised, you kind of have to billion barrels of oil. Again, this would The balance in the orange is all Ref- take a deep breath and say the statis- be the second largest oil field in North uge. We are not talking about any ex- tics on a piece of paper do not tell the America. ploration activity or development in whole story, unless you have the facts, When we talk about the amount that that area. The only area we are looking the footnote, and the background that is available to us, I think it is impor- at exploring is the green area, the 1.5 goes with it. tant to put that in perspective. We are million acres. And within that we are It has been suggested there have been talking about the second largest field talking about 2,000 acres. all of these spills up North, and these in North America. Currently, Prudhoe For those of you who live and work spoil the Arctic tundra. But what they has been operating and supplying 20 in the Washington, DC, area, that is do not mention is, the companies that percent of this country’s domestic en- about the size of Dulles Airport. Actu- are operating up there have to report ergy needs. It has for 30 years. We want ally Dulles Airport is a little bit bigger every spill—every spill—of any non- to be able to supplement that with than that. So that kind of helps put in naturally occurring substance. So if ANWR. context what we are talking about. there is a spill of saltwater, it has to be There is one other point I do feel is Now, the Senator from Washington reported—anything more than a gallon important to address. Several of my mentioned this legislation would also of oil or chemicals, such as lubricating colleagues on the other side have sug- open up and allow the natives of oils, hydraulic fuels. gested that because ANWR is contained Kaktovik to open up and be able to ex- So when you go up North, you will in this budget reconciliation package, plore on their lands that are contained see in the wintertime—and will in the it is not the appropriate place, and in the Refuge. The 2,000-acre limitation summertime because the vehicles dur- that for a major policy decision such as applies to the natives of Kaktovik, the ing the cold winter months are kept this, it has not been given the time and Arctic Slope. It applies to all lands running for a good portion of the the consideration and cannot be in this within the Coastal Plain—all lands time—each and every one of the vehi- process. within the Coastal Plain. cles has what they call a ‘‘diaper’’ un- As the senior Senator from Alaska, If there is oil that is discovered and derneath the transmission to collect the occupant of the Chair, knows, this explored and produced on native land, any leaking transmission fluid. Be- is something that has been debated and that part is part of the 2,000-acre limi- cause if that were to get on the road, if discussed for decades. ANWR has been tation. So we are not expanding this that would get on the surface, that the subject of dozens of bills, literally from 2,000, plus whatever might be could be a reportable incident. many dozens of congressional hearings. found on the native land itself. The vast majority of the spills at Legislation to open ANWR passed the Let me speak a minute to some of Prudhoe Bay have been of saltwater, Congress in the 1996 Budget Reconcili- the other issues that were raised by saltwater used in water flooding to en- ation Act. It was vetoed by President some of my colleagues. The point was hance oil recovery. They have not been Clinton. But we have had several bills made there is nothing in this legisla- oil spills. that have been introduced since then.

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.012 S02NOPT1 S12158 CONGRESSIONAL RECORD — SENATE November 2, 2005 In the 106th Congress, we had legisla- all those who may be concerned that, scars that were left on that State land tion. Six bills were introduced in the well, this budget reconciliation says that had been drilled were still there 107th Congress. Legislation to open ‘‘open up ANWR, the only limitation is years and years later. They didn’t gin- ANWR was approved by the House in a 2,000-acre limitation,’’ be aware that gerly step in and drill and leave; they the 108th Congress. In the 109th, also, what we are providing for in the free- cut scars across that land that will be the House introduced legislation. There standing legislation, I think, is a very there forever. On the east side of the have been countless tours of the Coast- comprehensive set of guidelines for river, the Arctic National Wildlife Ref- al Plain, where many Members of this how we move forward positively, as we uge was pristine. One might see the body have had the opportunity to go up look to achieve that balance between tracks of a little wildlife, and that was and see it for themselves. ANWR has development and care and concern for it. So to say that these oil and gas probably been one of the most thor- our environment up North. companies are going to go in there and oughly researched, debated, and dis- With that, Mr. President, I yield the discretely and innocently take out the cussed issues pending before the Con- floor. oil and gas defies human experience. gress for the past 18 years. The PRESIDENT pro tempore. Who How much is this worth to us? Why is I do not think any of us can stand yields time? it that we would turn our back on a 45- here with a straight face and say that The Senator from Washington. year-old promise by America to future Congress is acting too quickly on this Ms. CANTWELL. Mr. President, I generations? Why would we say now, issue. It is something that has been yield 10 minutes to the Senator from for the first time, we are going to drill aired very publicly, and over a great Illinois. for oil and gas in this wildlife refuge deal of time, with a great deal of public The PRESIDING OFFICER (Mr. EN- that we promised would never be ex- input. SIGN). The Senator from Illinois is rec- plored in this way? I would like to conclude my remarks ognized for 10 minutes. Some argue we just need the gas. by speaking very briefly about those Mr. DURBIN. Mr. President, I rise in Come on, don’t you know what is going people who live in the Coastal Plain, support of the Cantwell amendment on at gasoline stations in Illinois and the residents of Kaktovik. These are a and in opposition to drilling in the Arc- across the country? Gasoline prices are very hardy people who have lived there tic National Wildlife Refuge. In 1960, going through the roof. We need more for generations and generations, and under the leadership of President Ei- oil. If we don’t have more oil, it is who want to remain. But they are in a senhower, we created this nearly 20- going to mean calling for greater sac- community where energy costs are ex- million-acre Refuge. President Eisen- rifice. Families and businesses will tremely high. It is very difficult to find hower and Congress said to the Amer- continue to be dependent on foreign any kind of economic activity in the ican people: We are going to hold this oil. area. They are primarily a subsistence- piece of America in trust. It will be There are two things to consider. The based village. But they want to make held for future generations because it Arctic Coastal Plain will yield less sure, like all the rest of us, their kids is a special place. It is one of the few than 1 year’s worth of oil for America, get a decent education. They want to places in America where we are going and it won’t be available for 10 years. make sure they have some access to to restrict development. We are going This debate is about 1 year’s worth of health care within their community. to protect it because we want genera- oil, not available for 10 years, and it They want to have certain protections, tions to come to know that the Arctic may take 20 years to extract it. So if you will—whether it be a fire truck National Wildlife Refuge is a special what impact will that have, Mr. And to help them when they have a house place, a place deserving of our honor, Mrs. American Consumer? About 1 fire, as they had a couple years ago and our respect, and our protection. penny a gallon. That is why we are had no way to provide for the protec- With the provision in this bill before going into ANWR. tion of the property in that home. us today, we will turn our back on that There is a bigger issue. We have They view the opening of ANWR as promise made by President Eisenhower heard it said over and over on the other an opportunity for them to be partici- and by our Nation 45 years ago. We will side. This is about America’s energy se- pants. But they are also looking at this authorize, in this reconciliation bill, curity. You can argue it is a small from the very critical perspective of drilling in the Arctic National Wildlife amount of oil, but even accepting the being the only Alaskans who live in Refuge. It is a sad day. It troubles me fact that even a small amount of oil this area who would be affected by the that some have come to the Chamber will lessen our dependence on foreign development. They want a seat at the and argued that this really is not that oil somewhat, there is another inter- table. They want to be consulted. They big a deal. They are going to gingerly esting issue. Do you know there was an want to be heard. They want to make step into this Refuge, drill, and gin- amendment before the committee when sure that, in fact, the development gerly step out, and you will never know the ANWR issue came up, and that that does take place is done in concert they were there. You might buy that amendment said: Whatever oil we take with their needs as the residents of this argument if you hadn’t been there. out of ANWR, we are going to use in area for generations and their needs as Several years ago, during the course America? That oil will come down to people who live off the land. of debating the same issue, which has be used in America, so it will benefit We are working with the people of been debated here a long time, one of American consumers and motorists. Kaktovik. I have introduced stand- the Senators from Alaska said to me: But that amendment by Senator alone legislation, along with my col- What do you know about it? You have WYDEN from Oregon was defeated. In league from Alaska, and along with my never been there. You have never seen fact, the Senator from Alaska voted colleagues from Hawaii, that would it. How would you know what the Arc- against the amendment which said the provide not only for environmental tic National Wildlife Refuge looks like? ANWR oil has to be used in America. protections to be written into how we It was a worthy challenge. I accepted What are we really debating here? We develop ANWR, but basically we codify it. I took off and spent 21⁄2 days camp- are debating drilling in ANWR so that all of those items we have discussed ing out in the Arctic National Wildlife oil can be exported from a wildlife ref- over the years, whether they are the Refuge so I could see it. We left Arctic uge to China and Japan and other parts environmental concerns, whether it is Village, a remote village in Alaska, of the world. This isn’t about the en- the 2,000-acre limitation on develop- flew in a Canadian Beaver aircraft that ergy security of America; it is about ment, but also a provision to provide was almost 50 years old over the the energy security of China and for economic impact aid to the resi- Brooks Range, down the North Slope, Japan. We are going to defile this wild- dents of Kaktovik and any other Alas- along the Canning River. life refuge to drill for oil that can be kans who may be impacted, to provide As we looked to the west, we could exported, that won’t even benefit the for a method of consultation with the see the State lands that had been United States. Why would we do that? natives of Kaktovik and the region. drilled for oil and gas, and then, to the There is only one reason—because the What we are trying to do through the east, the Arctic National Wildlife Ref- oil companies will make a huge profit stand-alone legislation is provide for, I uge that had not been drilled. It was off of it. Those struggling oil compa- think it is fair to say, safeguards. For easy to tell the two apart because the nies need our help today with this

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.014 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12159 amendment. They have had a tough 6 an energy policy for America that re- country since the early 1970s. It is on months. duces our dependence on foreign oil the decline now. It is expected to con- Mr. STEVENS. Will the Senator with responsible environmental pro- tinue declining. If this provision be- yield? duction, with conservation techniques, comes law and we go ahead with leas- Mr. DURBIN. No, I won’t. with energy efficiency, with renewable ing and development of ANWR, there They have had a tough 6 months. and sustainable fuels instead of drilling will be a slight uptick as we get into They have had recordbreaking profits away in wildlife refuges we promised 2015 and that period. There will be a of $40 billion over the last 6 months, our children we would protect. slight uptick in domestic oil produc- and now they want the option to go America can do better with leader- tion. That is the red line. What we see drilling for oil in a wildlife refuge we ship and with vision. is that there will be a slight increase promised to protect 45 years ago so I urge my colleagues, support the due to the opening of ANWR but a very they can drill and export oil to other Cantwell amendment. Understand that slight increase. countries for their economy. Is that this is not the answer. Drilling for oil I am disappointed that this issue is what this debate is all about? Sadly, I in Alaska to export it to China is no being taken up as part of a budget rec- am afraid it is. answer to America’s energy security onciliation bill. The policy issue is of The argument that this is just going challenge. great significance and complexity and to affect 2,000 acres—I am sorry—hav- I yield the floor. cannot be adequately handled on a ing flown over this area, having seen The PRESIDING OFFICER. Who budget reconciliation bill. I also have what happens, I know and the Depart- yields time? concerns and questions about the legis- ment of Interior knows it isn’t just Mr. DOMENICI. Parliamentary in- lation that is included in the reconcili- about the pad where you drill. It is quiry, Mr. President. ation bill. This bill would open the ref- about roads and airstrips and pipelines The PRESIDING OFFICER. The Sen- uge to oil drilling. It would do so with and water and gravel sources and base ator from New Mexico. less protection than for any other wild- camps and construction camps, storage Mr. DOMENICI. How much time re- life refuge or other Federal land that is pads, power lines, powerplants, support mains? currently subject to oil and gas leas- facilities, coastal marine facilities—it The PRESIDING OFFICER. The time ing. The only mention of the environ- is a huge undertaking. You may see in opposition is 3 minutes. The Senator ment is a vague directive that the leas- that postage stamp of drilling, but from Washington has 26 minutes. ing program be ‘‘environmentally there is a lot more in support of it that Mr. DOMENICI. Senator, you have 26. sound.’’ That is contradicted by other is going to have an impact on this envi- We have 3. I would yield the floor, hop- parts of the mark that contain broad ronment. ing that you all would speak, if you waivers of environmental laws. This is an abdication of leadership. have more opposition. You have plenty For example, the bill deems a 1987 en- To say that we have no other place to of time. We don’t have but 3 minutes. vironmental impact statement to be turn in America other than to drill in The PRESIDING OFFICER. The Sen- adequate under the National Environ- a wildlife refuge is an abdication of ator from Washington. mental Policy Act, an 18-year-old envi- leadership and a concession to greed by Ms. CANTWELL. Mr. President, I ask ronmental impact statement. It is the oil companies. How have we unanimous consent that Senators COL- deemed adequate for purposes of reached this moment where the leader- LINS, MIKULSKI, and JEFFORDS be added issuing regulations to implement the ship in America cannot turn to the as cosponsors of amendment No. 2358. leasing program and other preleasing American people and say: We can’t go The PRESIDING OFFICER. Without activities. This is despite the fact that this far. We can’t cross this line and objection, it is so ordered. there has been significant new informa- drill in a wildlife refuge that we prom- Ms. CANTWELL. I yield 5 minutes to tion that has become available over the ised for 45 years to protect. We have to the Senator from New Mexico. last 18 years related to the Refuge, re- find other ways to reduce our depend- The PRESIDING OFFICER. The Sen- lated to its resources. The bill contains ence on foreign oil to make the cost of ator from New Mexico is recognized. no requirement for public participa- gasoline more affordable. Mr. BINGAMAN. Mr. President, I tion. It does have ambiguous new pro- And there are other ways. If we im- thank the Senator from Washington visions that appear to limit judicial re- prove the miles per gallon on the cars for her leadership on this issue and for view. Even if one decided to go ahead and trucks we are driving today by 2 yielding me some time. with leasing this area, in my opinion miles a gallon, it would make up for all I have long opposed the leasing and the bill provides an inadequate frame- of the oil we are talking about drilling development in the Arctic Refuge for work and program within which to do out of the Arctic National Wildlife Ref- several reasons related both to energy that. There is no minimum royalty uge. This Senate, given a chance to policy and to environmental concerns. rate to be paid by oil companies pro- vote for more fuel efficiency, refused so I have said many times that the most vided for in this bill. There are no en- we can continue the habit of buying compelling reason for not opening the forcement provisions. There are no re- fuel-inefficient cars and trucks, driving Arctic Refuge is that it would do very quired inspections. There is no limit on gas guzzlers, saying we are going to little to further our national energy se- the size or the duration of the leases, drill our way out of our problems, that curity and will do nothing to address no requirement that operational plans we will continue to be dependent on short-term energy prices or needs. or surface-disturbing activities be ap- foreign oil. There has been no leader- There will not be any production from proved, no requirement that oil compa- ship from this administration to talk the Arctic Refuge for an estimated 10 nies post bond to ensure compliance about efficiency and conservation and years. The Energy Information Agency with lease requirements, and there is making our cars and trucks more fuel estimates that production from the no requirement that the land be re- efficient which would make this debate Arctic Refuge would, at its peak, reclaimed. absolutely unnecessary. America can duce our reliance on imports by only 4 The PRESIDING OFFICER. The Sen- do better when it comes to energy. percent, from 68 percent reliant to 64 ator’s 5 minutes has expired. This White House argues that all we percent. This would not happen until Ms. CANTWELL. I yield to the Sen- can do to get out of a problem is to the year 2025. ator 3 minutes. drill our way out. Except the obvious, I have a chart that puts things in The PRESIDING OFFICER. The Sen- America has only 3 percent of the some perspective. It talks about total ator is recognized. known oil reserves in the world, and we oil demand. This line is 2005, today, Mr. BINGAMAN. And there is no re- consume 25 percent. We cannot drill total oil demand. As we can see, it is quirement that the land be reclaimed our way out of this problem. Today, we rising, has been rising, is expected to or facilities removed. will sacrifice a wildlife refuge. Tomor- continue to rise. The next line is trans- Mr. President, these are fundamental row, the oil companies want to drill off portation demand. You can see the big- components of a leasing statute. Mem- our coastlines. What comes next, the gest part of our total demand is trans- bers of this body are speaking out Great Lakes? Where will this end? It portation demand. Then domestic pro- today about how we ought to impose will end with leadership and vision for duction has been declining in this windfall profits taxes on the oil and gas

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.015 S02NOPT1 S12160 CONGRESSIONAL RECORD — SENATE November 2, 2005 industry. At the same time we are Hampshire. It is three times the size of but right now I just want to tick this doing that we are proposing a series of New Hampshire, and we are talking down for a minute as to what I see as provisions that put virtually no re- about 2,000 acres to take advantage of the essentials of this issue. quirements on them. Perhaps the pro- what is by all estimates the second or With the greatest respect to those ponents for opening the refuge have third largest find of oil in our Nation’s who oppose this operation, the explo- omitted some of these elements be- history—a million barrels per day as ration of oil, I don’t understand what cause they recognize that including was pointed out, equal to all the pro- coherent philosophy—regardless of them would cause this to run afoul of duction that was lost due to Hurricane whether you are a liberal or a conserv- the Budget Act. That is a very good Katrina. ative, I don’t understand what coher- reason why this kind of important Some of the critics have said, Well, ent philosophy would advocate cutting issue is not intended to be dealt with yes, but if we only used energy from your own nation off from oil within its as part of a budget reconciliation bill. this source it would only supply all of borders. Mr. President, for these reasons I the needs of America for 1 year. If you Now, I know I have heard the argu- support the amendment of the Senator buy into that argument, then you ment that we need an energy future from Washington. I commend her for would never support drilling another that is not anywhere near as dependent her leadership on this issue. I ask my gas well anywhere in the country be- on traditional sources of energy, and I colleagues to join me in voting in favor cause it would not supply all of our en- agree with that. I am the last person in of the amendment. Opening the Arctic ergy needs for 10 or 20 or 30 years, or the world to argue with that. I led the Refuge is not a necessary component of another oil well in east Texas or any- fight on this side of the aisle for the re- our national energy policy. We can do where else in the country. If you buy newable fuels standard, which mandates that by the year 2001, 27.5 billion better in crafting a solution to the cur- into that argument, you basically are gallons of ethanol and biodiesel be in rent problems, and we need to do that. saying we want permanent energy de- the Nation’s fuel supply to replace oil Mr. President, I yield the floor. pendence on imports, and that is the The PRESIDING OFFICER. Who and gasoline. real goal of many of the interest I am a huge believer that within a yields time? groups behind this. Mr. DOMENICI. Mr. President, I have few years we are going to be filling up We need to strike a reasonable bal- with fuel that we get from corn and only 3 minutes remaining, but I want ance. Setting aside 2,000 acres in this to yield that 3 minutes to Senator from soybeans and other sources. I part of the northernmost part of Alas- think that is the future of our country, SUNUNU, and then I will yield the floor ka for the second or third largest oil but we are still going to need some oil, for the other side to continue. find in our country’s history is a rea- The PRESIDING OFFICER. The Sen- and certainly in the short term we are sonable, thoughtful, balanced ap- going to need oil and, to me, it makes ator from New Hampshire is recog- proach. It is critical that we support nized. sense to be able to produce it ourselves. this provision. Concerns have been raised about the Mr. SUNUNU. Mr. President, I think I did not support the Energy bill be- environment, and if we were not re- our energy policy and our approach to cause I did not think it was fiscally requiring that it be done in the environ- its provision ought to be driven by a sponsible. But I think this is a rational mentally most sensitive way, I would need for balance, for evenhandedness, and balanced approach, and one that I not support it. But the same people for a thoughtful approach, and that hope my colleagues will support. I who raise those concerns place tremen- means not stepping forward and offer- yield back my time. dous confidence in the ability of Amer- ing a lot of rhetoric, being careful The PRESIDING OFFICER. The Sen- ican technology to create alternative about statements that might be mis- ator’s time has expired. sources of energy, the technology of leading. And to that extent, earlier we Who yields time? which is embryonic—hydrogen or wind. heard a description about the Brooks The Senator from Washington con- Now, I support those, as well, but if Range and flying over the Brooks trols all the time that remains. you believe that technology can get us Range, and I think it is important for The Senator from Washington. to the point where we can do those Members to understand the Brooks Ms. CANTWELL. Mr. President, how things and create a lot of energy in Range is not in the 1001 area, the 1.5 much time remains? that fashion, and that is a long way million acres that would be made The PRESIDING OFFICER. Nineteen down the read, you have to believe the available to leasing. It is not in there, minutes. technology is adequate to be able to ex- not contained, not part of it. Mr. CONRAD. Mr. President, how plore for this oil in a way that will be So we can talk about the beauty of much time remains on the Republican sensitive to the environment. We are the Brooks Range, but it has nothing side? already using that technology here and to do with this provision. We make The PRESIDING OFFICER. There is around the world. If we don’t get the tradeoffs all the time. You build a no time remaining. oil in the Arctic using the most envi- road, you make tradeoffs. You have to Mr. CONRAD. Mr. President, how ronmentally sensitive means, we are take land to build that road. You grow much time does the Senator seek? going to have to import it from coun- crops, you have to clear land and affect Mr. TALENT. I can do it in about 5 tries where I have no confidence in the environment for growing crops and minutes. what they are doing to the environ- food, growing cotton for clothing. You Mr. CONRAD. Mr. President, I make ment. drive your car, you are using gasoline. a unanimous consent request that we Concerns have been raised about the You turn on your computer, you are give the Senator 5 minutes that will oil companies. Whatever you think we using electricity. You have to build the come off the Republican side when we should do with the oil companies, lines to shift electricity around the agree to extend the time for this de- whatever restrictions we should put on country, build transmission. All of bate momentarily. them or other kinds of measures to these choices in our modern society in- The PRESIDING OFFICER. Is there make sure they don’t gouge for the volve tradeoffs, and we should be bal- objection? The Chair hears none, and it price of oil, we still need the oil. So- anced and thoughtful about how we is so ordered. cialist countries explore for oil within weigh these costs and benefits. Mr. DOMENICI. We understand it, their own boundaries. When you look at this provision, first and there is no objection. So I am down to the point of saying, you can’t help but look at the size—19 The PRESIDING OFFICER. The Sen- Mr. President, I do not see why we million acres in the Wildlife Refuge ator from Missouri. should not do this, and I do know it is that we are talking about, three times Mr. TALENT. I thank the Senator for going to create jobs. I did want to rise the size of the State of New Hampshire, his ingenuous unanimous consent re- and make that point because this and this provision allows 2,000 acres to quest allowing me to go forward, and I makes a lot of difference to people in be used for production and exploration. will just take a few minutes to talk Missouri. The Senator from Alaska That is an area equivalent to the size about ANWR in general. talked very compellingly about the dif- of the Manchester Airport, the airport I am going to offer an amendment reference it makes on the ground for peo- that serves much of my State of New lating to this portion of the bill later, ple in Alaska. It makes a difference in

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.018 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12161 Missouri, too. An estimated 14,000 new budget process and open up drilling in that 23 States have in prosecuting oil jobs, good jobs will be created in Mis- various parts of the United States. It is companies or others who are involved souri alone if we explore for oil in the a very dangerous precedent. It also in manipulating the price of gasoline Arctic because of the collateral-related lays aside very important environ- at the pump? That is what we should jobs around the country. That is one of mental regulations that should be met take extraordinary measures in the the reasons the Missouri Laborers by any drilling efforts in the United Senate to do, not this. Council, the Carpenters’ District Coun- States. So here we are, about to allow Fifth, there is no guarantee that the sel of St. Louis, that represent, respec- drilling in the Arctic Wildlife Refuge, oil from the Arctic Wildlife Refuge will tively, 13,000 and 22,000 members, and it is going to have the less protec- be used in the United States. My col- strongly support this measure. tion than any other public land. league, Senator WYDEN, I am sure is Mr. President, we should do it care- Let me go through the 10 reasons I going to talk more about this issue, fully. We should do it with a view to- think we should not be doing this. but there is nothing under the current ward the concerns that have been First, the Arctic Wildlife Refuge does laws and regulations that is going to raised, but the concerns are not a rea- not solve our current gasoline or heat- say that this oil is going to stay in the son not to do it. I know people have ing oil supply problems, and I guar- United States. So as my colleague from said, well, it is not going to produce antee you, my colleagues are going to Illinois said, here is this product we are much oil. A conservative estimate is 10 hear a lot about home heating oil and going to get from a wildlife refuge, and billion gallons. I think it will be a lot other problems when they go home there is no guarantee that it is going more than that. after we break for this year and people to help our national security at all, Prudhoe Bay was estimated to hold see their high heating bills and the that it won’t be exported to the highest only 9 billion barrels of oil. The pro- enormous cost increases they are pay- bidder. duction today is at 13 billion, and it is ing. So this is no solution for our im- still producing. I think there is a lot of mediate problem. In fact, even if oil Sixth, oil leasing in the Arctic Wild- oil in the ANWR to get, but even if were flowing today from the Arctic Na- life Refuge will not bring significant there is not so much there, it is no rea- tional Wildlife Refuge, who is to say revenues to the Federal Treasury as a son not to get it. We can do it the right that OPEC would not lower its supply certainty. Right now, there is a big de- way. We should have done it a long and keep prices high? Moreover, the bate. There is a debate between the time ago, and we certainly should do it fact we are talking about something State of Alaska and the Senate about now. that is not going to happen for 7 to 12 how royalties from the Arctic Wildlife I yield back any time I have not years from now is clearly not going to Refuge should be divided. The State of used. help us in the near term. Alaska has been very clear. They think The PRESIDING OFFICER. Who Second, the oil supplies in the Arctic they get 90 percent of those royalties. yields time? Wildlife Refuge are not going to help us This bill tries to say they are going to The Senator from Washington should be any less dependent on foreign oil. get 50 percent. We know the State of be advised that time is running against We already know that our biggest prob- Alaska is going to pursue that in court. her time. lem is that this country is 50 percent The difference is a lot of money. If The Senator from North Dakota. dependent on foreign oil, and moving Alaska is successful, that means they Mr. CONRAD. How much time re- forward in the next 15 years that de- will get 90 percent of the revenue as- mains on our side? pendency will grow to over 60 percent. sumed by this budget bill. This pro- The PRESIDING OFFICER. Nineteen To me, that says the way to get off fos- posal says that the United States minutes. sil fuel and foreign consumption is to might get $2.4 billion. The State of Mr. CONRAD. Mr. President, through diversify, something this bill is cer- Alaska is saying: No, no, no, you are the Chair I would like to say to the tainly not doing. only going to get $480 million. The dif- Senator from Washington that at this The third issue is that we really do ference between $480 million and $2.4 point, because the only time remaining need to get off fossil fuel. So how are billion is a lot of money, and I would is her time, and we are not yet pre- we going to do that? That answer is like to see clarity that if this have to pared to enter into the unanimous con- that we need to diversify into alter- happen we are not going to move for- sent request to extend the time, al- native fuels, such as Brazil and other ward without the guarantee that, in though I hope that will happen momen- countries have done, to look at a fact, we are going to see 50 percent of tarily, it would be in her best interest biofuels strategy and become more that revenue. to use the time. self-sufficient. The United States only Seventh, the oil leasing in the Arctic Ms. CANTWELL. Mr. President, sits on 3 percent of the world’s oil re- National Wildlife Refuge, as one of my through the Chair, if I could inquire serves. To plan a strategy that con- colleagues said, is about giving the oil what the Senator from North Dakota is tinues to focus on this is just short- companies something more of profits. trying to propound in the unanimous sighted. The notion that they have had $30 bil- consent request? Fourth, drilling in the Arctic will not Mr. CONRAD. The unanimous con- translate into savings at the gas pump. lion in profits in the last quarter—$30 sent request the manager of the bill Let me repeat that. It will not in the billion in profits in the last quarter— and I will offer will extend the time near term translate into savings at the and yet they are not helping to diver- until noon. gas pump. The Energy Department, its sify at a time when it is very clear to Ms. CANTWELL. I thank the Sen- own energy information administra- the American people that being over- ator. tion, said that even when the Arctic dependent on foreign oil and fossil fuel I would like to go over what I think Wildlife Refuge oil supply is at peak in general is not the right direction for are the important reasons we should production, it will only reduce gas our country. not drill in the Arctic Wildlife Refuge prices by a penny a gallon. So we are Eighth, drilling in the Arctic Na- and why my colleagues should support going to open this pristine wilderness tional Wildlife Refuge will harm its the Cantwell amendment to strike this area for a penny a gallon 20 years from ecosystem. Wildlife is going to be language from the Budget Reconcili- now. harmed. The fact that people think ation Act. Moreover, I believe it is important these things can work together is As my colleagues have said earlier, for my colleagues to get about the real amazing. We should consider the rea- we should not be doing this in the debate and pass legislation that focuses son the Wildlife Refuge was established Budget Reconciliation Act, and it real- on the price-gouging activities that in the first place, because it is a unique ly does set a precedent for what I hope could be occurring in America. Instead area. There is a lot of drilling that goes is not further attempts to drill in other of passing this on a budget bill, why on in Alaska and a lot of area that is parts of the United States, whether it don’t we bring up by unanimous con- consumed by this. The original des- is off the coast of Washington, the sent or on some other piece of legisla- ignation of the Arctic Wildlife Refuge coast of Florida, or anywhere else by tion a price-gouging bill that gives the was for the purpose of preserving this simply thinking you can come to the Federal Government the same power area.

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.019 S02NOPT1 S12162 CONGRESSIONAL RECORD — SENATE November 2, 2005 Ninth, drilling in the Arctic Wildlife year and for continuing violations at the an additional $10,000 for BP two months that Refuge cannot be assumed to be envi- Badami Central Production facility (fine re- the turbine engines exceeded emission limits ronmentally benign. I know my col- duced to $10,000). specified in the compliance order. Criminal Probation Conditions. BP. De- $16,875 fine. Phillips. January 10, 2001. Al- leagues would like to think that. But cember 2002. Prudhoe Bay. Leak Detection, pine Oil Field. Clean Air Act violations. the fact is, in Prudhoe Bay and the oil- Monitoring and Operating Requirements vio- ADEC Compliance Order allowed Phillips fields of the Trans-Alaska Pipeline, lations. U.S. District Court found BP had not Alaska Inc. to operate secondary power tur- there have been 4,532 spills from 1996 to installed a leak detection system that could bine on diesel fuel, instead of natural gas, 2004. In fact, the current rate of report- promptly detect Prudhoe Bay pipeline spills, until 2003 even though emission testing able spills on the Alaska northern and failed to comply with Alaska Depart- showed this would result in exceeding permit ment of Environmental Conservation re- Best Available Control Technology limits for slope is about 1 every 18 hours. NO . (Fine reduced to $5,000) My colleagues would like to say this quirements for best-available technology for X crude oil pipelines. The Court ordered proba- Zero Fine. BP. February 7, 2000. Northstar can be done in an environmentally sen- tion conditions allowing the state agency offshore field. Clean Air Act violations. Vol- sitive way or that the environment is unrestricted access to the corporation’s untary disclosure to EPA of violations of the not going to be impacted. I don’t be- records and oil fields to verify compliance Clean Air Act, New Source Performance lieve that is true. I believe the number with environmental, health, and safety regu- Standards from drilling prior to start-up of of oil spills that have been reported lations. This action resulted from a July, field. EPA did not seek penalties for these violations, according to a letter of February show that is not the case. 2001 a petition to the court submitted on behalf of 77 BP employees. 23, 2000. Mr. President, I ask unanimous con- $22 million penalties and fines. BP. Feb- $130,000 penalty. Arctic Utilities Inc. and sent to print in the RECORD a copy of ruary 2000. Endicott offshore field. Superfund TDX North Slope Generating Inc. December violations. The federal court ordered BP to the recent North Alaska oil company 2002. Deadhorse. Clean Air Act violations. pay $6.5 million in civil penalties, $15.5 mil- fines and penalties, the amount of ADEC penalty at Prudhoe Bay power plant. lion in criminal fines, and to implement a money in penalties that have been paid The company failed to obtain air quality per- new environmental management program, by various companies over the last cou- mits for installing new emissions sources and ordered five years of probation. BP was and constructing upgraded facilities for this ple of years for either clean air viola- late to report hazardous dumping down Endi- major source of nitrogen oxides pollution. tions or pipeline leak detections or cott production wells, required by the Com- $675,000 civil assessments and costs. BP. other reasons for which various oil prehensive Environmental Response, Com- November 14, 2002. Prudhoe Bay. Spill Viola- pensation, and Liability Act (CERCLA), companies have been fined. tions. Fine for spill cleanup problems for commonly known as Superfund (also see There being no objection, the mate- 60,000 gallon pipeline spill ($300,000 waived by rial was ordered to be printed in the Doyon Drilling, below). ADEC if spent on environmental project to $5,000 Fine. ARCO Alaska Inc. Dec. 20, 1999. RECORD, as follows: increase using low-sulfur fuel use in school Alpine Oil Field. Clean Air Act violations. NORTH SLOPE, ALASKA: RECENT OIL COMPANY buses). Crude oil spilled to wetlands and Drill rigs operated by Doyon Drilling exceed- FINES AND PENALTIES leaked through ice cracks to a drinking ed total emissions allowed under permit con- ENVIRONMENTAL water 1ake. ditions (fine reduced to $500). $300,000 fine. BP. June 2002. Prudhoe Bay. $5,000 fine. ARCO Alaska Inc. Nov. 22, 1999. $80,000 civil penalty. ConocoPhillips. Pipeline Leak Detection Violations. BP paid March 2004. Alpine Oil Field—Clean Air Act Alpine Oil Field. Clean Air Act violations. fine for delays in installing leak detection ADEC issued compliance order for excess Violations. ADEC imposed civil penalty for systems for Prudhoe Bay crude oil trans- high carbon monoxide emissions from tur- emissions from the drilling mud plant heater mission lines. in violation of Air Quality Construction per- bines used to re-inject natural gas at the Zero Fine. ConocoPhillips. December 24, Central Processing Facility that exceeded mit conditions (fine reduced to $500). 2001. Alpine Oil field. Clean Air Act viola- $14,000 fine. ARCO Alaska Inc. Nov. 7, 1999. the air quality permit by 215 tons over a tions. ADEC issued Notice of Violation for Alpine Oil Field. Clean Air Act violations. year-long period. On Nov. 14, 2004 ADEC high carbon monoxide levels at primary ADEC issued compliance order for excess issued Compliance letter to CP for continued power turbine. Some issues were not resolved emissions from engines associated with drill- violations of excess Carbon Monoxide emis- until 2003. ing that violated permit conditions (fine re- sion levels at the injection turbine from Au- $75,000 fine. BP. December 21, 2001. duced to $3,500). gust 24 to October 2, 2004 (no fines). On Northstar Offshore field. Clean Air Act viola- $13,000 fine. Aug. 31, 1999. BP. Badami Oil March 5, 2005, Senator Domenici (R–NM) tions. ADEC imposed penalties and damages Field. Clean Air Act violations. ADEC com- Senate Energy & Natural Resources Chair, for violations of air quality permit for high pliance order for excess emissions of Carbon toured the Alpine Oil field with Interior Sec- carbon monoxide emissions, exceeding daily Monoxide from turbines and crude oil heat- retary Norton, Sen. Lisa Murkowski and flaring limits, and operating equipment that ers (fine reduced to $5,000). others. On March 7, 2005, ADEC closed the had not been permitted. ($35,000 suspended $50,000 fine. Alyeska Pipeline Service Co. November compliance letter. However, prob- conditionally). The violations continued for March 17, 1999. Trans-Alaska Pipeline Sys- lems with Carbon Monoxide levels exceeding years; the compliance order was repeatedly tem. U.S. Dept. of Transportation pipeline permitted levels persisted at the Alpine pro- extended. On June 22, 2004, ADEC wrote a violation. Two instances of over-pressuriza- duction facility. On July 11, 2005, BP re- Compliance Letter that BP was out of com- tion of the Pipeline which risks leaks and quested changes to the standards for all the pliance with its permit, the 2001 compliance spills led to federal fine. Since 1992, Alyeska combustion turbines but to date, ADEC has order and state regu1ations. had over-pressurized the pipeline 5 times re- not taken such action. $80,000. BP. July 27, 2001. Badami Oil Field. sulting in another $100,000 in fines. $35,000 Fine. BP. Sept. 19, 2003. Badami Oil Clean Air Act violations. ADEC compliance $3 million fine. Doyon Drilling. 1998. Endi- Field. Clean Air Act violations. ADEC com- order for past and continuing violations of cott offshore field. Oil Pollution Act viola- pliance orders show that for nearly five air quality permits for exceeding carbon tions. The BP contractor pled guilty of 15 years (from October 1998 to August 2003), BP monoxide and Nitrogen oxides limits and counts of violating the Oil Pollution Act of operated Badami operated in violation of violations of certain provisions of March 15, 1990 for dumping hazardous wastes down En- carbon monoxide emission permit limits. 2001 compliance order. This compliance order dicott wells for at least three years. Three From May 1999 to August 2000 and in April & was extended numerous times until February managers paid $25,000 fines and the Health, May 2001, Badami operated in violation of 14, 2003. Safety, and Environmental coordinator went permit conditions for oxide of nitrogen emis- $412,500 fine. BP. April 17, 2001. Prudhoe to prison for a year. sions. On Feb. 23, 2004, ADEC issued a new air Bay, Endicott. Clean Water Act violations. Southcentral Alaska: $485,000 civil penalty. quality permit with revised BACT limits for From 1996 to 2000, BP failed to properly ana- ConocoPhillips. August 2004. Offshore drill- the turbines (i.e. weakening the standard). lyze discharges from the Prudhoe Bay Cen- ing platforms in Cook Inlet, Alaska—Clean $75,000 Civil Penalty. BP. Feb. 21, 2003. tral Sewage Treatment facility and the Endi- Water Act violations. EPA imposed penalties Northstar Oil Field. Clean Air Act viola- cott Offshore field and Prudhoe Bay for 470 violations of the rig’s National Pollu- tions. ADEC compliance order for violations Waterflooding operations. EPA reduced the tion Discharge Elimination System Permit of earlier compliance order (2001), operating total penalty down to only $53,460 because over a five-year period, and six unauthorized equipment not covered by permit and ex- BP voluntarily disclosed violations of the discharges of pollutants to Cook Inlet, in ceeding the NOx emission limits in its per- Clean Water Act. Southcentral Alaska. mit (only $40,000 fine paid). As of April 26, $110,000 fine. BP. March 15, 2001. Badami Oil HEALTH AND SAFETY 2005, BP remained out of compliance with Field. Clean Air Act violations. ADEC com- $1.3 million civil fine. BP. January 2005. the permit, including excessive flaring rates. pliance order for 2 violations of permit con- Prudhoe Bay. Alaska Oil & Gas Conservation $45,000 fine. BP. Feb. 21, 2003. Badami Oil ditions relating to excess levels of Carbon Commission had originally proposed $2.53 Field. Clean Air Act violations. ADEC com- Monoxide, two past violations of oxides of ni- million fine for safety violations at a pliance Order for violations of Carbon Mon- trogen limits, and one ongoing violation of Prudhoe Bay well accident caused by exces- oxide emission limits for nearly two years, source test requirements (fine conditionally sive pressure in 2002. Explosion and fire seri- higher nitrogen oxides emissions for over a reduced to $70,000). On Aug. 1, 2001, BP paid ously injured a worker. The Commission said

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.021 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12163 BP put production ahead of shutting down Orians served as chair of the 18 member com- caribou herds within the slope, but their geo- and repairing wells. BP agreed to pilot feasi- mittee that produced the report. graphical distribution and reproductive suc- bility study on remote monitoring of well Even so, the report was immediately hailed cess has been altered. The animals avoid pressure levels for $549,000 fine waiver. by opponents of drilling in ANWR, while at some traditional areas used for calving and $102,500 civil fine. BP. January 2005. the same time it was labeled as biased and for protection from insects because of oil de- Prudhoe Bay. Alaska Oil & Gas Conservation flawed by some supporters. velopment, and the report finds the spread of Commission fined BP for violating rules The report is ‘‘just another attempt by the industrial activity could increase this trend. drawn up after the well explosion on pre- people who have been opposed to develop- Some animals and birds, including bears, venting dangerous pressure from building up ment in Alaska,’’ said Senator Ted Stevens, foxes, ravens and gulls, have benefited from in Prudhoe Bay wells. an Alaska Republican. development on the North Slope. These scav- $6,300 civil fine. BP. January 2003. Prudhoe ‘‘To hear them talk, you would think it enging species have thrived with the addi- Bay. Alaska OSHA proposed fine for viola- would be in the best interest of the country tion of food sources from human refuse. But tions of state’s worker safety law in failing to turn the clock back and put Eskimos back these species prey on eggs and nesting birds, to protect workers in an explosion that in igloos and deny them energy, deny them some of which are threatened and endan- killed a worker. any assistance of the federal government, gered. The report finds some bird species are $67,500 civil fine. Houston/Nana (owned by and deny them any income from the produc- struggling to maintain stable populations Arctic Slope Regional Corporation & NANA tion of their lands.’’ because of this increased threat. The panel suggests that if oil activities ex- Regional Corporation). March 2002. Trans- Stevens alleged that at least three com- pand, these predator populations must be Alaska Pipeline. Alaska OSHA proposed fine mittee members are on record opposing increased drilling and said this undermines the controlled if the impact to some bird species to this Trans-Alaska Pipeline Contractor for is to be contained. impartiality of the report. failing to report 142 instances of worker inju- Bowhead whales have altered their migra- Orians denied charges of any bias within ries or illnesses from 1999 to 2001, in violation patterns to avoid noise from offshore the final report, noting that the panel in- tion of state and federal laws. seismic activity, the report says. The extent Ms. CANTWELL. Mr. President, last- cluded individuals with ties to the oil and of this detour and the impact to the species gas industry, along with members linked to is not fully understood, panelists said, but it ly, on these reasons why we should not environmental and conservation groups. move forward, is the notion that the is impacting the indigenous societies of the ‘‘This is a unanimous report,’’ Orians said. slope. Arctic National Wildlife Refuge is a ‘‘Everyone agreed to this, even the members The Inupiat Eskimos, for example, have a symbol of this country’s desire to pro- whose research has been funded by the oil in- long tradition of hunting bowhead whales, tect and preserve wildlife areas and dustry for years. The claim that particular but are now finding they have to travel that somehow people would like to as- biases have slanted the committee’s view much further out to sea to catch the whales. sume that long-term damage has not cannot be sustained.’’ And the Gwich’in Indians, who rely on car- The study was mandated by Congress and already been done to other parts that ibou, are concerned about changes to caribou carried out by the research arm of the Na- herds and their migration patterns due to oil have been opened up for drilling. tional Academies, which is a private, non- drilling. In fact, a Environmental News Serv- profit institution charged with providing ‘‘There is no question in the minds of the ice article that summarizes a 2003 Na- science and technology advice under a con- native community that have been positive tional Academy of Sciences report that gressional charter. Members of its commit- and negative impacts from oil development,’’ says for three decades of oil drilling on tees are not compensated for their work. said committee member Patricia Cochran, the Alaskan North Slope, while it has The report finds that efforts by oil indus- executive director of the Alaska Native brought economic benefits, for sure, it try and regulatory agencies have reduced Science Commission. many environmental effects, but have not Money from oil development has improved has also caused lasting environmental eliminated them. Some of the environmental schools, health care and housing. But these damage ‘‘and a mixture of positive and damage will last for centuries or longer be- improvements appear to have a cost, the re- negative changes to that area.’’ The re- cause of the costs of cleanup and fragile na- port finds, including increased alcoholism port found that some environmental ture of the Arctic environment. and diabetes. damages will last for centuries. Oil was first discovered on the North Slope The report suggests the negative social im- in 1968. Oil production on the slope and along pacts could be mitigated by increased in- Mr. President, I ask unanimous con- volvement of these communities within the sent that this article be printed in the its coast accounts for some 15 percent of the nation’s oil production. planning process for future oil and gas devel- RECORD. There are concerns about the haphazard opment and for when oil and gas production There being no objection, the mate- development of oil and gas on the slope, driv- declines on the slope. What will happen when production of oil rial was ordered to be printed in the en by a consistent ‘‘lack of planning’’ by dif- and gas on the North Slope has ceased is RECORD, as follows: ferent agencies and regulatory bodies with something that has not been addressed, the oversight of the area, Orians said. [From the Environmental News Service] report finds. It will take billions of dollars to ‘‘There has been no vision or planning on NORTH SLOPE REPORT FUELS ALASKA clean up and remove the infrastructure put where things ought to go,’’ he said. DRILLING DEBATE But scientific advances are helping to rein place to drill oil and gas, costs that nei- (By J.R. Pegg) duce some environmental impacts. Smaller ther the government nor the industry has Three decades of oil drilling on Alaska’s oil drilling platforms cause less harm to the said it is willing to absorb. The panelists said further research into North Slope has brought economic benefits tundra, as does the trend that more roads the environmental effects of drilling should to the region, but has caused lasting envi- and drilling sites are now being constructed rely more on locals, explore air pollution and ronmental damage and a mixture of positive with ice instead of gravel. contamination of water and food sources, as and negative social change, says an inde- Fewer exploration wells are needed to lowell as the possible implications of climate pendent panel of experts. cate and target oil deposits. The use of re- The National Research Council report re- change. mote sensing has reduced off road travel, an The report is intended to help policy- leased Tuesday is the first official assess- activity the panel cited as having notable makers with their decisions, committee ment of the cumulative environmental, eco- environmental consequences. Off road trails members said, and reflects that there are en- nomic and social effects of some 30 years of for seismic exploration have harmed vegeta- vironmental, economic and social tradeoffs oil drilling on Alaska’s North Slope, which tion, caused erosion and degraded the aes- for the future of oil development on the covers 89,000 square miles. thetic beauty of the tundra. North Slope. The report, ‘‘Cumulative Environmental It is ‘‘difficult to fully determine the im- ‘‘When industrial development goes into an Effects of Oil and Gas Activities on Alaska’s pacts of off road activity,’’ Orians said, be- area there will be some associated changes in North Slope,’’ does not offer any policy rec- cause the oil industry refused to release in- the environment and society has to face ommendations on the issue of oil drilling formation on where and when it had con- that, whether it is in Alaska or in the lower within the Arctic National Wildlife Refuge ducted seismic explorations. 48 states,’’ said panelist Chuck Kennicutt, di- (ANWR), which is east of the established For some areas of concern, in particular oil rector of the Geochemical and Environ- North Slope oil fields and remains the only spills, the committee found no evidence that mental Research Group at Texas A&M Uni- part of the nation’s Arctic coast not open to environmental effects have accumulated. versity’s College of Geosciences. drilling. ‘‘Oil spills have not accumulated over time ‘‘We are simply saying that there is change The Bush administration and some Repub- because spills have been small and relatively that will occur. It is always a question of licans in Congress are moving to open ANWR contained,’’ Orians said. balance between the benefits and the costs to drilling, despite fierce opposition from en- ‘‘But if there were to be a major spill off- and these are perceived differently by dif- vironmentalists, Democrats and a handful of shore in the ocean, current technology can- ferent people,’’ Kennicutt said. Republicans. not remove but a fraction of the oil spilled.’’ Bush administration officials said they ‘‘That is a policy decision, not a science The report offers a mixed review of the im- welcomed the report and highlighted its find- decision,’’ University of Washington zoology pact of the oil and gas industry on wildlife. ings that technology is lessening the envi- professor Gordon Orians told reporters. There have not been large declines in the ronmental impact of drilling.

VerDate Aug 31 2005 05:50 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.007 S02NOPT1 S12164 CONGRESSIONAL RECORD — SENATE November 2, 2005 The report shows that, ‘‘We can protect portrays for the American people some- I will yield now to the Senator from wildlife and produce energy on the North thing some people didn’t want to see or North Dakota for his proposal. Slope,’’ said Department of Interior Sec- didn’t want to have advertised so spe- Mr. GREGG. I appreciate the Senator retary Gale Norton. cifically. from Washington yielding and the Sen- Protections that the administration sup- Here is another picture of the area ports, Norton said, include mandated ice ator from North Dakota for allowing us roads and runways, limits for exploration that depicts what an unbelievable, pris- to proceed here, also in arranging for areas to no more than 2,000 acres, analysis of tine resource this is for the United this. each proposed exploration site to avoid sen- States. We can see how delicate the At this time, I ask unanimous con- sitive waters and a mandate the exploration ecosystem of this region is and how sent the debate time on the pending only occur in the winter. challenging oil drilling activity in this Cantwell amendment be extended to 12 Environmentalists and some Democrats region can be. noon and that the time from 10:45 to 12 believe the report demonstrates that govern- I say to my colleagues that I believe noon be equally divided, except that mental oversight of drilling and its environ- the American people, and certainly the mental effects has been lacking. the Senator from Washington shall, ‘‘The National Academies’ report reveals news media around the country, have within that time, receive an additional what we have suspected all along, that oil gotten the gist of what this debate is 5 minutes; that any amendments to the and gas exploration and development have about because they have expressed language proposed to be stricken be significant impact on wildlife and their habi- their opinions about this as well. I limited to the time specified above and tat and is leaving a legacy of pollution on think they have been right on track any second-degree amendments would one of America’s most pristine areas,’’ said about this issue. I would like to talk be limited to the time specified under Congressman Ed Markey, a Democrat from about some of those opinions. the agreement: that within the time al- Massachusetts. The Milwaukee Journal Newspaper located, Senator TALENT shall have the ‘‘Oil companies haven’t set aside the said: money required to clean up their current in- right to offer an amendment relative to frastructure, let alone any potential expan- . . . This effort may succeed, not because it’s ANWR; that the following first-degree good public policy but because supporters sion,’’ Markey said. ‘‘It seems likely that the are trying to sneak it into a budget rec- amendments are to be offered during restoration of the North Slope, if it is re- onciliation bill . . . supporters of good gov- today’s session within the time limits stored at all, will fall on the taxpayer’s ernment should not allow that to happen. specified, all time equally divided: Sen- shoulders.’’ That is one newspaper in the Mid- ator GRASSLEY’s amendment re: agri- Ms. CANTWELL. Mr. President, I culture, from 12 to 1:30; Senator BINGA- think it is known that the environ- west. Another from the South, the Atlanta MAN’s amendment relative to FMAP, mental damage to the region has been Journal-Constitution: from 1:30 to 2 p.m.; Senator BYRD done, that leaks and clean air issues . . . As always, drilling advocates are using amendment re: VISAS, from 2 to 3; are prevalent in the area, that oil com- distortions and half-truths, claiming that Senator LOTT and Senator LAUTENBERG panies are being fined for those viola- awarding extractive leases on protected amendment relative to Amtrak, from 3 tions, and that we cannot just go about lands will significantly reduce the Nation’s to 3:30; Senator MCCAIN amendment re: drilling in the Arctic National Wildlife dependence on imported oil while having spectrum date change, from 3:30 to 4:15; Refuge and think we are solving our minimal impact on the region’s fragile ecol- Senator MURRAY’s amendment re: dual problems. ogy. eligibles, from 4:15 to 5 p.m.; Senator In fact, I would like to show my col- That from a newspaper in the South. ENSIGN’s amendment re: DTV, 5 to 5:30; From the Philadelphia Inquirer, an- leagues a copy of a map of what we are and Senator LANDRIEU’s amendment on other newspaper that has followed this talking about. Here is the Arctic Na- coastal impact or a Senator CONRAD- tional Wildlife Refuge. Here is the rest issue. I thought they hit it right on the designated amendment, from 5:30 to 6 of northern Alaska. One can see the head in today’s debate because they p.m. various designations of existing Fed- say: The PRESIDING OFFICER. Is there eral and State leases. The active Fed- Congress has wasted years trying to enact objection? eral leases are in yellow. This is the this single proposal when, by now, ingenuity Mr. CONRAD. Reserving the right to and investment in technology could have de- area under discussion. So all the rest of object—and I hopefully will not be ob- Alaska in this particular area—in yel- veloped better answers. Whether the United States drills in the Arctic Refuge or not, this jecting, I am sure we can work this low and red, and even in this beige, country has no comprehensive plan to wean out—in terms of the time for Senator proposed Federal leasing plan—a lot of itself from oil. That’s what’s really needed. BYRD’s amendment, did we have that? territory that is already involved in oil Mr. CONRAD. Mr. President, might I Mr. GREGG. From 2 to 3. and gas production. Why not leave this interrupt the Senator for a moment so Mr. CONRAD. Very well. I have no last slice of Alaska’s Northern coast we might propound a unanimous-con- objection. alone and pristine? sent request? The PRESIDING OFFICER. Is there A Washington resident, just to give The PRESIDING OFFICER. The Sen- objection? my colleagues an idea, actually took ator from Washington has the floor. Mr. DOMENICI. Reserving the right some pictures of this area of the wild- Ms. CANTWELL. If I can finish for a to object, I want to ask a question. life refuge. One can see it is a very pris- second, and then I will yield to the With reference to the pending amend- tine area with wildlife and streams Senator to make his request. ment, would you refresh my recollec- running through it. We can imagine The Milwaukee Journal Sentinel is a tion here, Senator TALENT has a right why someone wanted to preserve this summation of what this debate is to offer an amendment? area and why it is so important to the about. We have debated this for years, Mr. GREGG. During the period of United States. and the reason it has been contentious pending debate from now until 12:00. This happens to be, in my mind, a is because a lot of people have concerns Mr. DOMENICI. Is that the time in pretty infamous picture because when about this direction and proposal. But which it would be debated? my colleague, Senator BOXER, and I now to do this on the budget where the Mr. GREGG. That is correct. were on the floor discussing this issue environmental safeguards that are ap- Mr. DOMENICI. We have no addi- a few years ago, there was a copy of plied to other drilling, where the NEPA tional time. Has that been checked this picture that was at the Smithso- process and other safeguards are ig- with him? nian, part of an exhibit done by a nored, where we are not sure what oil Mr. GREGG. As I understand it, that Washington photographer, a retired revenue the United States is really is acceptable to Senator TALENT. Boeing engineer who visited this area going to get to recognize in this budg- Mr. DOMENICI. I am not sure. and took some pictures and had a pub- et, when we don’t know whether we are The PRESIDING OFFICER. Is there lic display at the Smithsonian. As soon going to keep this oil for economic se- objection? as these pictures were used on the floor curity reasons, I agree with the Sen- Mr. DOMENICI. I reserve my right to of the Senate, somehow his exhibit was tinel which said: object only because I am not sure that sent to the basement of the Smithso- The reconciliation bill should be used to is what he wants. nian and got a lot less attention be- settle budget matters, not to abuse the Is there any way the Senator can fit cause somehow, I guess, this picture public’s trust. it in later on for 10 minutes?

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.011 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12165 Mr. GREGG. No. not Russia, not some country that we many years now, divided these receipts Mr. DOMENICI. Is that the only don’t know about—actually contains on a 50–50 basis, and this bill, when it other amendment in the list that ap- sufficient natural gas that if we would becomes law, will specifically so divide plies to ANWR? On that list? have been on our toes, we would have it. That is not an issue that would be Mr. GREGG. That is correct. had sufficient natural gas from our appealable to the courts. What would The PRESIDING OFFICER. Is there own State to where this crisis would be appealable would be the original objection? not be occurring. change in the law by the Congress if we Mr. CONRAD. Mr. President, reserv- There are a lot of reasons. But one of ever decided to file that lawsuit. Alas- ing the right to object because I want them is the constant carping that we ka has never filed such a lawsuit. to make certain we also got in the lan- can’t do it because of environmental I hope we will not hear anymore guage that second-degree amendments reasons, when we can. We know how to about whether this provision of this would be permitted during the above do it. We do not have to destroy the bill applies to Alaska as it applies to times and their debate would be lim- wilderness. We don’t have to destroy all Western States that have public ited to the time specified under the the tundra. But if we keep doing what lands. There is a 50–50 split on the roy- agreement. we are doing, we can destroy our econ- alties that are derived from oil and gas Mr. GREGG. That is applicable to the omy. That is the issue. leasing. ANWR language. I am pleased to be part of this. I hope One of my real joys this year was to Mr. CONRAD. And any others as we will vote before the day is out on receive a letter from my old friend, well. this issue, and we will finally prevail. I James L. Buckley, Judge Buckley, Mr. GREGG. All right. yield the floor. former Senator from New York. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Who I ask unanimous consent that a copy objection to the agreement, as modi- yields time? The Senator from Alaska. of this letter be placed on each desk be- fied? Mr. STEVENS. Mr. President, I have cause I think all Senators should read Without objection, it is so ordered. sort of a unique role in this argument, it. Mr. CONRAD. I thank the Senator since I was in the Interior Department The PRESIDING OFFICER. Without from Washington for her courtesy in in the Eisenhower administration and objection, it is so ordered. allowing us to proceed and interrupting helped create the Arctic Wildlife Mr. STEVENS. Let me read it: her statement. Range. It was specifically on this DEAR TED: Twenty-six years ago, after Mr. DOMENICI. Even though Senator Coastal Plain, specifically specified it leaving the Senate, I was a lead signatory in CANTWELL has an extra 5 minutes, is it was subject to oil and gas leasing. full-page ads opposing oil exploration in the all right that we go and the Senator Then I was here at the time that Sen- Arctic National Wildlife Reserve that ap- accumulate that time? ators Jackson and Tsongas offered the peared in the New York Times and the Wash- ington Post. I opposed it because, based on I yield myself 3 minutes, and then I amendment that created the 1002 area and, as this chart shows, it was specifi- the information then available, I believed will yield the management of the time that it would threaten the survival of the to the senior Senator from Alaska for cally excluded from the Refuge. It is Porcupine caribou herd and leave huge, long- the remainder of our time. not wilderness. It never was wilderness, lasting scars on fragile Arctic lands. Since The PRESIDING OFFICER. The Sen- and it has never been closed to oil and then, caribou populations in the areas of ator is recognized for 3 minutes. gas exploration. Their amendment re- Prudhoe Bay and the Alaskan pipeline have Mr. DOMENICI. I want to respond to quired approval of Congress of the ac- increased, which demonstrates that the Por- one of the issues raised by pointing to tion—of the results of the environ- cupine herd would not be threatened, and the map here. I have conferred with the mental impact statement required by new regulations limiting activities to the the Jackson amendment. winter months and mandating the use of ice Senator from Alaska and others about roads and directional drilling have vastly re- this Coastal Plain. If you see, it is in Mr. President, I am wearing an Alas- ka bolo tie today because two of my duced the impact of oil operations on the green and you see these words, it says: Arctic landscape. friends, Laura and Crawford Patotuck, Not wilderness. Creation of the coastal In light of the above, I have revised my plain oil and gas exploration area. brought this to me and asked me to views and now urge approval of oil develop- wear it when ANWR was up before the This little box is within that, 20 ment in the 1002 Study Area for the fol- Senate. They are part of the Alaskan lowing reasons: acres. It is not within a wilderness Native group that is here to support 1. With proper management, I don’t see area. It is not a wilderness. It was es- this bill and support proceeding with that any significant damage to arctic wild- tablished by President Eisenhower, and the oil and gas leasing. life would result, and none that wouldn’t contrary to what was said on the floor, rapidly be repaired once operation ceased. I have heard some comments this 2. While I don’t buy the oil companies’ it was done that way for the very rea- morning about whether this is right, to son it was thought to have an abun- claim that only 2,000 acres would be affected, have this provision in this bill. The even if all of the 1.5 million-acre Study Area dance of natural resources; to wit, oil Constitution of the United States does were to lose its pristine quality (it wouldn’t), and gas. Therefore, it was set aside for not require 60 votes to pass a bill. That that would still leave 18.1 million acres of an exploration area, the future use of is only a procedural rule of the Senate the ANWR untouched plus another five mil- which was to be determined by the on how to end filibusters. lion acres in two adjoining Canadian wildlife Congress. Filibusters plague the Senate. They refuges, or an area about equal to that of the Isn’t that interesting? Contrary to continue to plague this Senate, and States of Connecticut, Massachusetts, what has been said, we are doing ex- that is why the Budget Act was passed, Vermont, and New Hampshire combined. In actly what President Eisenhower’s set- other words, it is simply preposterous to to prevent filibusters on items that claim that oil development in the Study aside intended. It intended it to be an would bring about increased income of Area would ‘‘destroy’’ the critical values oil and gas exploration area, for that the United States. that ANWR is intended to serve. purpose, to be determined in the fu- Many people are talking about the 3. In light of the above, it is economic and ture. By whom? Us. The very thing we 50–50 split between the Federal Govern- (to a much lesser degree) strategic mas- are doing here. ment and the State of Alaska under ochism to deny ourselves access to what My last observation: For anybody in the Mineral Leasing Act. It so happens could prove our largest source of a vital re- the United States who is worried about I was the one who suggested it to Dele- source. America and its natural gas future, its gate Bartlett at the time the State- I emphasize this: natural gas price that is going through hood Act was before the Congress, that Having visited the Arctic on nine occasions the roof, that this particular winter we add to that, the Statehood Act, the over the past 13 years (including a recent Americans are going to be terribly camping trip on Alaska’s North Slope), I provisions of the Mineral Leasing Act don’t think I can be accused of being insensi- upset when the price goes up dramati- which guaranteed to Alaska 90 percent tive to the charms of the Arctic qua Arctic. cally, with gasoline at the pump so of the returns from oil and gas leasing I just don’t see the threat to values I cherish. high. It was a month ago that Ameri- in Alaska because we were not subject With best regards, cans were beginning to worry about to the Reclamation Act. Sincerely, Jim. their future. It is interesting to note The Reclamation Act no longer has There is a man who has changed his that the State of Alaska, one of ours— any application. So Congress has, for views. I do believe we should all take

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.024 S02NOPT1 S12166 CONGRESSIONAL RECORD — SENATE November 2, 2005 into consideration the fact that he led Not only are decreasing oil output and that promise has never been ful- the movement, started the movement and declining revenues affecting the filled. against the exploration and develop- health of Washington, its major busi- The Arctic National Wildlife Refuge ment of this Arctic Plain. nesses are feeling the heat—particu- is 19 million acres. I must express my amazement that larly the aviat1on industry. It is shown on this chart. The area our colleague from Washington has in- The rise in fuel prices is greatly im- set aside for oil and gas exploration the troduced an amendment to strip this pacting our aviation industries. Our 1002 area, or the coastal plain is 1.5 provision from the budget reconcili- airline industry has lost over $25 bil- million acres. Because of advances in ation. In 1980, former Washington Sen- lion in the last 3 years. technology, only 2,000 acres of this 1.5 ator, and my great friend, Henry Sustained high jet fuel costs of $1.50 million will be needed for production. ‘‘Scoop’’ Jackson wrote a letter dis- per gallon—which is almost triple that To put this in perspective, ANWR is cussing the importance of ANWR. of 1998 and 1999—continues to hamper about the size of South Carolina. The He wrote this about ANWR: the health of this critical industry. area needed for development is about Crucial to the Nation’s attempt to achieve Every dollar per barrel that the cost of the size of Dulles Airport. Development energy independence. One third of our known oil rises costs the airline industry an in the Coastal Plain is the equivalent petroleum reserves are in Alaska, along with of building an airport in South Caro- an even greater proportion of our potential additional $2 million per month. High energy prices also prevent job lina. reserves. Actions such as preventing even I want to go to chart 2 and show the creation in the transportation sector. the exploration of the Arctic Wildlife Range, Coastal Plain. . . . is an ostrich-like approach that ill- The Air Transport Association esti- According to the U.S. Geological Sur- serves our Nation in this time of energy cri- mates that for every dollar increase in sis. vey, the Coastal Plain holds between the price of fuel, they could fund al- 5.7 billion barrels and 16 billion barrels I say this: Not only does ANWR serve most 5,300 airline jobs. This should be of oil. our important national security inter- particularly worrisome to those mem- Again, I emphasize that people are est, it also serves the economic inter- bers who represent constituencies in talking about 2 percent of the known est of the State of Washington. the airline industry and those busi- reserves. We have a lot of unknown re- The economic health of Puget Sound nesses that support the airline indus- serves, particularly in Alaska and the is tied directly to Alaska as illustrated try. West, which have not been explored, in a report commissioned by the Ta- At a time when Boeing, America’s and the area off our coast going toward coma-Pierce County and Greater Se- leading aerospace company, is strug- Russia on the Outer Continental Shelf. attle Chambers of Commerce. Of par- gling to reassert its dominance in the Two-thirds of the Outer Continental ticular importance is oil production aviation field, the high prices of oil are Shelf of the United States has not been from the North Slope. devastating. explored. Washington’s refining industry pur- Fuel costs are the second biggest We are capable of producing, as the chases almost its entire crude oil costs for airlines. Given these high Senator from New Mexico said, a lot stocks from Alaska. The report states costs, airlines can not afford to pur- more oil and gas. We can produce that ‘‘direct impacts from the refining chase additional aircraft. 876,000 to 1.6 million barrels a day by of Alaska crude oil within the Puget And air transport, which generated developing the Coastal Plain. That Sound region include 1,990 jobs and revenues of $1.5 billion in 2003, are also would fulfill our pipeline backup. It is $144.5 million in labor earnings. In 2003, at risk from high fuel prices. our country’s single largest prospect oil refineries in Puget Sound imported Washington State consumes 17.6 mil- for future oil production. $2.8 billion worth of crude oil from lion gallons of petroleum per day, in- And, the actual amount of recover- Alaska.’’ Alaska oil provided 90 percent cluding 7.3 million gallons for gasoline able oil could be much larger. Remem- of the region’s refinery needs. and 2.5 million gallons per in jet fuel. ber, the first estimates at Prudhoe Bay Washington’s refineries provide much It produces none of its oil. were that there would be 1 billion bar- needed gasoline and jet fuel supplies to I ask the Senator from Washington, rels of recoverable oil. In the last 30 the Pacific northwest. Without the op- where will your constituents get oil if years, we have recovered 14 billion. portunity to expand production at the they do not get additional supplies In 1973, at the time of the oil embar- Cherry Point refinery, more than from ANWR, when the pipeline in Alas- go, our country imported one-third of 300,000 gallons of fuel per day are lost. ka—the only known producing area—is its petroleum. We now import almost This is fuel desperately needed by con- declining almost daily? 60 percent of our oil. By 2025, we will sumers in both Washington and Or- Twenty-four years ago, during the import almost 70 percent. egon. American dependence on foreign oil Oregon has no refining. The refinery debate on Anilca, I worked closely with Senator Scoop Jackson and Senator threatens our national security. We I mentioned is the one running Alas- now rely on unstable and unfriendly re- kan oil. Oil development is a major Paul Tsongas to ensure part of the coastal plain of Anwr remained open gimes to meet our energy needs. contributor to the health of Washing- The coastal plain can produce over 36 ton’s economy. As oil wealth in the for oil and gas development. Senator Jackson and Senator Tson- million gallons of gasoline, jet and die- State of Alaska increases, so does the sel fuel, heating oil, and other products gas promised oil and gas activity would demand for Puget Sound goods and a day. It can heat over 8.1 million take place in the coastal plain subject services. Perhaps this is why the cham- homes, or provide all of the gasoline to an environmental impact statement bers of commerce support balanced de- that Californians consume each day. which would have to be approved by velopment of ANWR. America needs American oil. They understand that with Prudhoe Congress. In the spirit of compromise, America needs this American oil. Bay declining—it today only produces they created section 1002 of Anilca, People who say it is only a day’s sup- around 950,000 barrels a day from a high which set aside 1.5 million acres along ply are talking about if there were no of 2.1 million barrels—additional oil re- the coastal plain of Anwr for oil and other source of oil. It is a preposterous sources must be developed to ensure gas exploration and development. statement to say this area contains the continued economic viability of the It is not wilderness. It has never been very little oil. Puget Sound region. wilderness. It has never been with- In 2004, our merchandise trade deficit The development of Prudhoe Bay drawn. It has always been available for was $651.52 billion, 25.5 percent of this contributed more than $1.6 billion into oil and gas development. It was once deficit came from net imports of crude the Washington economy. ANWR alone passed by the Senate, and President and petroleum products, which cost is estimated to create over 12,000 new Clinton vetoed the bill. over $166 billion. jobs in Washington alone, in addition I have fought now for 24 years to We are paying higher prices to meet to the revenues it will generate for the make sure that the promise made to our energy needs, and we are flushing State. me personally—made here on the floor jobs and money out of our economy. None of these benefits will take place of the Senate by Senators from Wash- Americans are paying more for gaso- if Senator CANTWELL’s motion is al- ington State and Massachusetts, Sen- line, heating fuel, and consumer prod- lowed to pass. ator Jackson and Senator Tsongas— ucts. In the past 4 years, the average

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.026 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12167 price of gasoline has increased by $1.84 There is no evidence that oil develop- to stop that. We want to stem the flow a gallon—that’s a 75 percent increase! ment will harm the porcupine herd. In of jobs leaving this country. We do not For every $1 billion we spend to de- fact, all evidence points to the con- want to go beyond 60 in importing our velop our domestic resources, we create trary. The central Arctic herd at oil. As a matter of fact, we want to re- 12,500 jobs. This means in 2003 we lost Prudhoe Bay has grown ten fold, from verse that. We want to go back to the over 1.3 million jobs by importing oil 3,000 in 1974 to over 30,000 today. promise that Senators Jackson and instead of producing it here—1.3 mil- There is no evidence that oil develop- Tsongas made when they created this lion jobs outsourced in order to bring ment has harmed the reproductive ac- portion of this area, a reserve for ex- oil from other sources. tivities of polar bears, a replica of ploration and development. The Coast- By developing our resources on the which I proudly wear on this tie. al Plain has been set aside for explo- coastal-plain, we will create between Resource development and conserva- ration and development. 700,000 and 1 million American jobs. We tion are not mutually exclusive. I close with this: An old bull is what will put up to $60 million back into the Oil and gas companies use ice pads they call us when they reach my age in U.S. economy each day instead of send- and roads to protect tundra and the the Senate, World War II type. We re- ing it to foreign countries. ecosystem. They employ directional member when a Member’s word meant Probably one of the things most im- and multi-lateral drilling to reach res- something in the Senate and when the portant to me is that our Alaska Na- ervoirs of oil and gas, which reduces word of a Member who has left the Sen- tive people overwhelmingly support de- the impact to the land. ate was still fulfilled. We remember velopment on this Coastal Plain. Out of In fact, the Clinton administration when the Senate would do everything the 231 Alaska Native villages, only issued a report which demonstrated in its power to honor a promise. one has opposed this. Yet they are the that oil and gas can be removed in an In our State, we quote Robert Serv- poster children for all of these environ- environmentally sensitive manner. ice: ‘‘A promise made is a debt un- mental ads you see. One, the Gwich’in Development of the Coastal Plain paid.’’ This is a debt unpaid to this Village, opposes the initiative in this will be subject to the strictest environ- Senate, to the country, to Alaska, to bill. mental standards in the world. With proceed with what Senators Jackson Alaskans overwhelmingly support de- these standards and our advanced tech- and Tsongas outlined in 1980, to explore velopment in the Coastal Plain; they nology, responsible development and for and develop that oil in the area, if know we can develop this resource in conservation can coexist. it is possible to do so. an environmentally responsible way. Very clearly, a vote for this motion I understand other Senators wish to Alaska natives overwhelmingly sup- is a vote for the status quo, which my be yielded time. How much time would the Senator port development on the Coastal Plain. good friend Ronald Reagan used to say like to have? ‘‘is Latin for ‘the mess we’re in.’’’ Of 231 Alaska native villages, only I yield 5 minutes to the Senator. one—the Gwich’in—opposes develop- A vote for this motion closes our do- The PRESIDING OFFICER. The Sen- ment. mestic energy resources to production. ator from Wyoming is recognized. And the tide of public opinion among It’s a vote for continuing to import Mr. THOMAS. Thank you, Mr. Presi- all Americans has begun to turn; they more than 60 percent of our Nation’s dent. I thank the Senator. I appreciate know development in the Coastal Plain oil. It is a vote for outsourcing more the time. will help lower energy prices, reduce than 1.3 million American jobs a year. Regarding bull moose and bull elk, it our dependence on unstable and un- A vote for this motion is a vote to in- is good to hear from an old bull on the friendly regimes, and grow our econ- crease home heating bills and transpor- floor as well. omy. tation costs. It’s a vote to diminish our I wanted to talk briefly about it in a Let me turn to charts 4 and 5 because national security by relying on rogue fairly broad sense, and obviously the I think this is very important. nations and unstable regimes for our Senators from Alaska have talked We constantly hear that this is a energy needs. about the details. I am impressed with pristine place, the most beautiful place Who would expect a Senator to come what they said. on Earth. That is the area in winter- to this Senate floor and offer an I remind everyone we have recently time. I defy anyone to say that is a amendment that exports 1.3 million completed an energy policy, one we beautiful place that has to be preserved American jobs every year, will cost us worked on for a number of years. We for the future. It is a barren wasteland, $200 billion annually by 2025, and leaves worked on it partly as a base for the a frozen wasteland, and there are no our national security vulnerable to the need we see in this country for energy, porcupine caribou at all there during whims of unfriendly regimes. But partly over the fact we have not had a that period of time. that’s exactly what this motion does. long-term plan of where we will go. The Coastal Plain is a frozen, barren A vote for this motion is not just a Whether it is energy, medicine, what- land for 9 months of the year with an vote against developing our domestic ever, we need to start looking at the average temperature of minus 50 de- resources on the Coastal Plain. It’s a future and how we will fill our needs, grees. vote for closing our Nation’s single how we will be able to provide for A majority of wildlife species use the greatest prospect for future oil produc- growth in the economy, provide for our foothills of the Brooks Range, about 60 tion and backing out of the promise families, provide for our communities. miles from the Coastal Plain. that was made to Alaskans—and all Energy is very much a part of that. Put up the other chart, please. Americans—when Senators Scoop The energy policy has been very im- This is what it looks like in the sum- Jackson and Paul Tsongas created sec- portant. It looks to the future. It looks mertime. tion 1002 of the Alaska National Inter- to filling our needs in a balanced pol- My colleague, Senator MURKOWSKI, est Lands Conservation Act. icy. Policy looks to increased produc- the great partner I have, showed where A vote for this motion is a vote tion, new ways of production, and more there was one well drilled with a 6-foot against Alaska Natives, who over- technological ways, such as horizontal pipe sticking up. The rest of it is con- whelmingly support development on drilling. In my State, they are looking stant, constant tundra, no trees, no the Coastal Plain because they know at new ways of exploring for oil with- beauty at all. we can balance stewardship and con- out having to disturb the surface. It is The porcupine caribou herd uses the servation with resource development. not what we had in the past. Coastal Plain for only 6–8 weeks per We cannot continue to increase our I live in a place where we have areas year, when development will not take dependence on foreign oil. We have the that need to be preserved. We have lots place. capability to continue to increase our of areas, some for double utility, so we The herd spends the majority of its production of oil and gas. can use it for various things, and not time in Canada, which has no seasonal When you look at this proposal, this set it aside. We are talking here about or bag limits for native residents. It is is an amendment to export 1.3 million 20 million acres and using 2,000 acres. estimated that an average of 2,900 car- American jobs overseas. It will cost us We are edging in close to Prudhoe Bay. ibou are harvested in Canada each $200 billion annually by 2005. Why is it I have been there. It is not a wilderness year. in this bill? That is the reason we want area.

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.014 S02NOPT1 S12168 CONGRESSIONAL RECORD — SENATE November 2, 2005 We have the same experience in Wyo- standing of the Indian people and their way caribou herd at risk, by gambling that oil ex- ming. We have areas that need to be of life, to preserve Indian cultural values, ploration and development on the herds set aside. There are millions of areas— and otherwise promote the health, safety calving grounds in the Arctic National Wild- from the mountains in the Refuge, on and welfare of the Indian people, do hereby life Refuge of Alaska would not have the dev- establish and submit the following resolu- astating effects on the herd that many biolo- down, and there will still be ocean tion; and gists and people with indigenous knowledge front—and we can have utilization of Whereas, the National Congress of Amer- of the caribou believe such actions would; the lands, combining the two in an eco- ican Indians (NCAI) was established in 1944 and nomically and environmentally sound and is the oldest and largest national organi- Whereas, the cultural survival of the way. That is what is set up here. zation of American Indian and Alaska Native Inupiat people, the Saint Lawrence Island In our policy we included opening of tribal governments; and Natives, and the indigenous peoples of east- ANWR as another place. We are in en- Whereas, the subsistence traditions of ern Siberia is likewise threatened by recent Alaska Native peoples and other related in- ergy production heavily in my State, developments before the International Whal- digenous peoples vary considerably among ing Commission. where Japan succeeded in but we cannot produce enough for ev- regions and cultures, but are tied together blocking the allocation of whaling quotas for eryone. We need to expand that. by the common strands of their importance Alaska Natives and indigenous Siberians, be- There are other Members who want for indigenous cultural survival, and their ginning in 2003. and did so solely out of a de- to speak. I speak on this topic gen- vulnerability to attack from outside inter- sire to retaliate against the United States erally. We have looked at this every- ests that lack respect for these subsistence for its opposition to the resumption of a where and we should look in Alaska, as traditions and would destroy or endanger commercial whaling Industry in Japan; and well. No. 1, we can do this without tak- these traditions in pursuit of their multi- Whereas, it is morally wrong and a violation of basic human rights for multinational ing away the value of the Refuge; No. 2, national economic or political objectives; and corporations and national governments to we need to do it for the economy of the Whereas, like the Yup-ik people of the place the survival of indigenous cultures at people who live there. Indian lands are Akiak Native Community and the Yukon- risk, especially to pursue excess wealth or right in this land. There are things Kuskokwim Delta of southwest Alaska, the international political advantage, and it is that need to be done there. We need to Gwich-in Athabascan people of eastern Alas- important that the NCAI oppose these as- do it to fulfill our promise to ourselves ka and Canada’s Yukon Territory, the saults on indigenous lifeways that are cur- regarding the energy policy we have. I Inuplat people of northern and western Alas- rently being perpetrated on the inter- urge we continue to pursue the policy ka, the Saint Lawrence Island Natives of the national stage. Bering Sea, the Siberian Yup-ik familial rel- Now therefore be it resolved, That the NCAI we have in place now, to increase our atives of Saint Lawrence Islanders who live does hereby oppose the efforts of multi- domestic production. on the Russian side of the Bering Sea, and national oil companies and certain high I yield the floor and suggest the ab- other indigenous peoples of eastern Siberia, ranking federal officials, to open the Arctic sence of a quorum. all depend on the perpetuation of their var- Refuge to all exploration and development in The PRESIDING OFFICER. The Sen- ious subsistence traditions across the gen- complete disregard of the risks such actions ator does not control the time. erations for the very survival of their indige- would create for the cultural survival of the The Senator from Washington. nous cultures; and Gwich-in people of Alaska and Canada, and Ms. CANTWELL. How much time re- Whereas, legal barriers and ecologically calls upon the government of the United mains on each side? destructive practices imposed by multi- States to reject any and all proposals that national political and economic interests might create such risks; and The PRESIDING OFFICER. Senator can and have disrupted indigenous hunting Be it further resolved, That the NCAI simi- 1 has 37 ⁄2 minutes. traditions in places around the world, and larly opposes the efforts of commercial fish- Ms. CANTWELL. On each side? even where these disruptive actions may ing interest which adversely affect the sub- The PRESIDING OFFICER. There is have ultimately proven temporary in nature, sistence salmon and herring traditional and 4 minutes 21 seconds for the majority they have interfered with the perpetuation customary fishing rights of all Native Tribes and 371⁄2 minutes for the minority. of indigenous subsistence traditions across of Alaska: and Ms. CANTWELL. Mr. President, I’ll the generations, thereby threatening the Be it further resolved, That the NCAI simi- take a few moments as I wait for my very survival of indigenous cultures; and larly opposes the efforts of the government of Japan and Japanese commercial whaling colleagues to come to the Senate. Whereas, the cultural survival of the Gwich-in is so tied to the survival and con- interests, to play international power poli- I ask unanimous consent Senators tinuation of the migratory cycle of the Por- tics by shutting down indigenous whaling in DURBIN and SALAZAR be added as co- cupine caribou herd of Canada and Alaska Alaska and Siberia at the expense of indige- sponsors to this amendment. that the Gwich-in are known as the People of nous cultures that must be allowed to sur- The PRESIDING OFFICER. Without the Caribou; and vive and perpetuate their way of life, and objection, it is so ordered. Whereas, the Inupiat people have likewise calls upon the governments of the United Ms. CANTWELL. Mr. President, I ask been referred to as the People of the Whale States, Russia and Japan to take appropriate unanimous consent to have printed in because of their profound cultural relation- steps to end this callous and abusive mis- treatment of indigenous cultures on both the RECORD a National Congress of ship with the bowhead whale, which provides sides of the Bering Sea border; and American Indians resolution that the foundation of their subsistence diet, and serves as a central organizing factor for a Be it finally resolved, That this resolution states their opposition to opening up culture that is largely structured around shall be the policy of NCAI until it is with- drilling in the Arctic Wildlife Refuge. whaling crew affiliations and associated fa- drawn or modified by subsequent resolution. There being no objection, the mate- milial relationships; and Ms. CANTWELL. Mr. President, rial was ordered to be printed in the Whereas, the Saint Lawrence Island Na- while I am waiting for some of my RECORD, as follows: tives are likewise dependent upon whaling other colleagues to speak, I point out a for their cultural survival, and the Native THE NATIONAL CONGRESS OF AMERICAN peoples of eastern Siberia have only recently couple of things about this process. I INDIANS RESOLUTION #BIS–02–056 begun the difficult task of trying to reclaim showed a chart earlier that Americans Title: Supporting the Subsistence Lifeways and reinvigorate subsistence whaling tradi- across the country, and certainly the of Alaska Tribes, Gwich-in, Inuplat, Tlinglit tions suppressed under decades of Soviet news media covering this, say this and Saint Lawrence Island Native Peoples, rule; and budget process is not the way to go and of Related Indigenous Cultures in Can- Whereas, the people of Southeastern Alas- about the opening up of the Arctic Na- ada and Russia, and Opposing Efforts by ka are likewise dependent on herring for tional Wildlife Refuge. More impor- Multinational Economic and Political Inter- their subsistence lifeways; and ests that Would Endanger these Lifeways Whereas, all Alaska Natives dependent on tantly, there are issues that are prece- Whereas, we, the members of the National the riverways for their traditional lifeways dent setting and raise concerns such Congress of American Indians of the United related to the salmon; and as, do my colleagues want to debate States, invoking the divine blessing of the Whereas, all of these subsistence traditions the fact that they think 50 votes versus Creator upon our efforts and purposes, in are currently threatened by multinational 60 votes is the way to do this policy? order to preserve for ourselves and our de- political and economic interests that place As a Senator from a State that now scendants the inherent sovereign rights of them at risk; and has to endure a survey for drilling off our Indian nations, rights secured under In- Whereas, the cultural survival of the the coast of Washington, off the coasts dian treaties and agreements with the Gwich-in people is threatened by multi- United States, and all other rights and bene- national oil companies and pro-industry offi- of Oregon and California—and the En- fits to which we are entitled under the laws cials in the highest ranks of the United ergy and Natural Resources Committee and Constitution of the United States, to en- States government forces that would cal- has been discussing opening drilling off lighten the public toward a better under- lously place the survival of the Porcupine the coast of Florida—this policy in the

VerDate Aug 31 2005 05:50 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.036 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12169 underlying reconciliation bill is a very 50–50 split or that it isn’t going to go The reconciliation bill should be used to dangerous precedent. That is, that if forward. This Senator would love to settle budget matters, not to abuse the you can go to a budget process and know that my colleagues from the public’s trust. open up drilling, why can’t you open up other side of the aisle are so certain That is what we are doing in this bill, drilling in any other part of the coun- this is going to be a 50–50 revenue split trying to pass a wildlife refuge off as try through this process? that they are willing to support clari- an oil field drilling opportunity when I guess it is no surprise that the fying in the language that the actual we are not addressing important issues. House of Representatives has actually opening up of the Arctic National Wild- We are not addressing the environ- already moved on legislation trying to life Refuge cannot go forward unless it mental protections, the judicial reopen up drilling in other areas of the is a 50–50 split. If they are so certain view, fish and wildlife, the transpor- country. It is not a fantasy on my part that is going to happen, they should be tation issues, or the Native Alaskan that other Members of the other side of willing to support my amendment. issues. the aisle could be promoting drilling As far as the economic issues, I guar- We are setting down a very dan- and could use a budget process for the antee my State constituents know very gerous precedent. I don’t want to see same maneuver being used here. It sets well where their oil comes from. In the same gimmick used for Washington a very bad precedent, a backdoor fact, that has been the big complaint State, for Florida, or other areas when scheme. for a good part of the last 36 months, this Senate thinks by sticking some- Because what we are basically saying the fact that the FTC and other enti- thing in a reconciliation bill they can is that those oil interests are above the ties keep reminding the Northwest open up leasing of oil in the United public interests, and they do not have they are an isolated market getting oil States. to meet the same requirements. For ex- from Alaska, yet our prices have gone Some of my colleagues, I know, are ample, the National Environmental up to over $3 a gallon. going to talk about an important issue Protection Act. I have heard a lot My constituents, who are getting as part of this debate, whether this oil about Scoop Jackson today. My col- squeezed at the gas pump, want two that is produced out of the Arctic Wild- leagues should remember who wrote things. They want us to have a price life Refuge should remain in the United the National Environmental Protec- investigation and make sure that price States. If this Senate believes this de- tion Act and got it passed. It was Sen- gouging is not going on and do some- bate is about oil and making America ator Scoop Jackson. We are very proud thing to protect them. And, two, they more secure, getting off of our 50-per- of that. Why would we take NEPA and want something that will bring true cent dependence on foreign oil is what limit the alternatives that could be competition to the price of fossil fuels we need to do. To do that, most people considered under this bill for proposal and help them in not facing high fuel will say we have to get off the fossil impacts to the environment? That is costs in the future. fuel consumption. what it does. By throwing this lan- If my colleagues who want to support Even the Energy Department says it this amendment want to drill in Alas- guage in the budget resolution instead is not going to help my constituents. of a normal process, we are limiting ka, they ought to be willing to say the The Energy Department says in the oil ought to stay in the United States. NEPA. We are limiting judicial review. peak years of production it would re- Why should we limit judicial review? If you think it is part of our national duce prices a penny a gallon. I guar- security plan, then say it is part of our We do not do that in other areas of oil antee my constituents want more than drilling, but for this more pristine of national security plan and keep it in a penny a gallon reduction in gas the United States. I would go further areas we will limit judicial review? All prices. They are not going to wait 20 because we are doing it through the to even say, why not create a refined years to get that. My constituents product, like a jet fuel reserve, as they Budget process. want to see real action on a price- We will also be limiting the role of have in Europe? The Europeans figured gouging bill that we can push out of the Fish and Wildlife Service. Aren’t out jet fuel is expensive. They have not here that gives the authority to pursue they an integral part of planning for only a strategic petroleum reserve, the activities of record profits and production in various parts of the they have a jet fuel reserve. They fig- make sure price gouging is not going country? Why can’t current Bureau of ured out they do not want their airline on. They want us to get about diversi- Land Management regulations that industry subject to and their economy fying the sources of energy we use. provide for the Fish and Wildlife Serv- ruined by sudden price spikes. ice be used to provide for the protec- Diversification will mean a lot to our I would go further than many of my tion of fish and wildlife? The answer is economy. I can say high gas prices are colleagues in saying not only can the the Bureau of Land Management and costing our economy today plenty. If oil not be exported, let’s put it in a spe- Fish and Wildlife Service are out of you want to talk about the airline in- cific reserve dedicated to a particular, their normal role because we put this dustry, which has seen a 293-percent in- important sector of our U.S. econ- in the budget process. crease in fuel costs over a 5-year-period omy—transportation and aviation. What about compatibility? Why does of time, yes, there are people in Wash- I look forward to my colleagues who, this legislation assume that oil and gas ington State who are losing their jobs in committee, did not think it was activities cannot be undertaken in a because of that. They want aggressive such a great idea, who certainly manner compatible with the Arctic action today. They do not want to see thought that oil should be exported, Wildlife Refuge? 10 years from now 6 months of an oil who now say it shouldn’t be. I am glad Transportation. The chairman has supply that is not going to help them. to see that change of opinion if that is removed consideration in this under- I want my constituents to under- what is going to happen in the Senate. lying bill authorizing oil and gas from stand a budget process that is a back- This budget process is a backdoor end the coastal regions, which is unusual door scheme that basically does not to opening a 6-month oil supply we will language considering there is a whole leave them any better off today or in not see for 10 years and will not do a range of issues, including pipelines, the future than they are today is not a darned thing to help consumers now or ports, and systems. Again, NEPA, judi- responsible solution to our energy when it is at peak production. cial review, Fish and Wildlife, Bureau needs. They want to see us truly come We shouldn’t fool the American peo- of Land Management, transportation, up with something that is going to get ple by giving them false choices in and other compatibility issues are not us diversified off our dependence on what is not a solution, and false budget being addressed because we are throw- fossil fuels. With 3 percent of the choices when we cannot even guarantee ing this in the budget process. world’s oil reserves, the writing is on to them the $2.4 billion that is assumed What about the leasing provisions? I the wall. The United States needs to in this budget. have talked a lot about this and I take a more aggressive action than The difference between Alaska win- would love it if my colleagues from drilling in the Arctic National Wildlife ning and the United States winning on Alaska would support an amendment I Refuge. this debate is the difference between plan to offer that specifies this cannot I remind my colleagues what the Mil- $2.4 billion and $480 million. So I hope go forward until we verify that it is a waukee Journal pointed out: my colleagues, besides looking at this

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.037 S02NOPT1 S12170 CONGRESSIONAL RECORD — SENATE November 2, 2005 export issue and saying this oil should Americans pay their heating bills this And that is an extremely modest as- stay in the United States, will also winter. Yet the Senate continues to sumption for the technology that ex- look at the commitment in saying vote down fully funding the Low In- ists today to increase fuel economy that, yes, we only think this should be come Home Energy Assistance Pro- standards. opened up if the United States actually gram, LIHEAP. Imagine if we implemented a 30 per- gets $2.4 billion. Because otherwise this If we truly wanted to bring down gas- cent increase in fuel economy stand- whole scheme is a matter of false oline costs, we would be talking about ards, which is technologically feasible, choices, false budget choices, false se- increasing fuel economy standards in according to BusinessWeek, September curity choices, and false choices for the our heaviest, most polluting vehicles. 26, 2005. consumer. In the end, Americans are Yet, instead, we are talking about If this Congress were serious about still paying high energy prices. opening one of our Nation’s last pris- increasing our energy security, reduc- Mr. President, while my colleagues tine environments. ing our dependence on oil, and lowering sort out who is going to potentially This giveaway comes at a time of gas prices, we would be working on leg- offer a second-degree amendment, I record profits for the oil industry. Late islation that would increase fuel econ- will yield the floor to discuss with my last week, the oil companies reported omy standards, not trying to drill our colleagues that process. their third quarter profits. The top five way out of the problem as we are doing Mrs. FEINSTEIN. Mr. President, I oil companies reported huge profit in- today. rise today in support of Senator CANT- creases in the third quarter of 2005: We need to find real solutions to the WELL’s motion to strike the provision ExxonMobil reported third quarter problems of high energy prices, energy to open the Arctic National Wildlife profits of $9.92 billion, an increase of 75 security, and global warming. We Refuge, ANWR, for drilling from the percent from the third quarter in 2004; should be encouraging energy effi- Budget Reconciliation Act. ConocoPhillips reported third quar- ciency, promoting the development of Let me be clear: I am opposed to ter profits of $3.8 billion, an increase of new and alternative fuels, and sup- drilling in the Arctic. I am also op- 89 percent from the third quarter of porting the invention and commer- posed to attaching this provision to the 2004; cialization of new vehicle technologies. budget reconciliation bill. ANWR is a Shell reported third quarter profits This provision accomplishes not even prominent national issue, arousing the of up $9.03 billion, an increase of 68 per- one of these goals. I hope my colleagues will join me in deep passions of people on both sides. cent from the third quarter of 2004; supporting Senator CANTWELL’s motion Regardless of one’s view on the issue, ChevronTexaco reported third quar- to strike the provision to open ANWR the question of whether to open the ter profits of $3.6 billion, an increase of to drilling. refuge to drilling warrants an inde- 12 percent from the third quarter in Mr. JEFFORDS. Mr. President, I rise pendent debate on the floor of the U.S. 2004; and today in support of the amendment of- Senate. BP reported third quarter profits of fered by Senator CANTWELL to strike The refuge’s coastal plain, which is $6.53 billion, an increase of 34 percent title IV of the bill before us, the title what would be opened up for drilling, is from the third quarter in 2004. that opens the Arctic National Wildlife the ecological heart of the refuge, the If Congress is truly serious about ad- Refuge to oil drilling. I do not support center of wildlife activity, and the dressing the issue of high gasoline drilling in the refuge. But even if a home to nearly 200 wildlife species, in- prices, then we need to take a look at Senator did, they should not support cluding polar bears, musk oxen, and why oil companies continue to make taking this action through the rec- caribou. increasingly high profits and how they onciliation process. It is inappropriate Today, the Senate is going to vote to can reinvest those profits into improv- to make management decisions regard- open ANWR in the most environ- ing our Nation’s energy infrastructure. ing one of our Nation’s largest and mentally harmful way. Rather than Gas prices will not be lowered by most ecologically important wildlife protecting this unique habitat, the leg- opening the Refuge. At its peak, oil refuges in a fast-track, procedurally islation before us directs the Secretary production from the Refuge would only limited bill. Doing so restricts the abil- of Interior to open the Refuge for drill- be about 1 percent of world oil produc- ity of the Senate and the administra- ing based upon an environmental anal- tion. tion to ensure that drilling is done in ysis conducted 18 years ago, in 1987. It is not worth damaging the Na- an environmentally sound way. This environmental analysis was con- tion’s only Refuge for less than 1 per- I have to agree with the ranking troversial when it was originally pub- cent of the world’s oil output. This Ref- member of Energy Committee, Senator lished. It was then challenged in court uge encompasses a complete range of BINGAMAN, who stated during the in the early 1990s. However, the claims arctic ecosystems and that provides es- markup of this title, that this title were dismissed because at the time, sential habitat for many species. does not just open the refuge to oil Congress was not actively considering It is clear to me that drilling would drilling, it also does so in the least en- legislation to drill the Arctic Refuge. not give us energy security and would, vironmentally sensitive way possible. As a result, this legislation would by- in fact, carry huge environmental And, Mr. President, it does so in a pass the environmental process that all costs. manner that treats the Arctic Refuge drilling projects must undergo. It And this country does not even need differently than any other Federal would also waive the normal judicial this source of oil in order to reduce gas lands or wildlife refuges. review requirements. In other words, prices. The most effective way to re- Arctic Refuge drilling proponents re- the Senate is going to authorize open- duce gas prices is to increase fuel econ- peatedly profess that oil development ing the Refuge, and is going to make omy standards. In a 2001 report, the in the refuge would be done in an envi- sure that there are absolutely no im- Congressional Research Service wrote, ronmentally sensitive way. As the pediments to drilling, including the according to the Energy Efficiency and ranking member of the Environment normal course of environmental and Renewable Energy Fuel Equivalents to and Public Works Committee, I want legal review. Potential Oil Production from the Arc- to inform the Senate that title IV of This is simply unacceptable. tic National Wildlife Refuge, ANWR: this bill is actually riddled with And why are we destroying this ref- The Energy Information Administration clauses that weaken existing environ- uge? The Department of Energy esti- (EIA) says that a technology-driven projec- mental standards, exempt drilling from mates that opening the Refuge would tion for cars and light trucks could increase key rules, or otherwise allow oil devel- lower gasoline prices one cent per gal- fuel economy by 3.6 miles-per gallon by 2020. opment activities to sidestep environ- lon 20 years from now. The fuel economy improvement through the mental protection laws. Let’s not fool ourselves. Opening the first 20 years would generate average daily Let me list some of the more blatant Arctic Refuge will not lower energy oil savings equivalent to four times the low examples for my colleagues. First, the case and three-fourths of the high case pro- prices. jected for ANWR oil production. Extended title exempts parts of the proposed If we were serious about helping peo- through 50 years, the fuel economy savings Arctic oil and gas leasing program ple with rising energy costs, we would would range from 10 times the low case to from environmental review require- be talking about helping low-income more than double the high case for ANWR. ments. In particular, it declares that

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.039 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12171 the Department of Interior’s Environ- with the purposes of the Arctic Refuge. they are especially vulnerable to oil mental Impact Statement, EIS, pre- According to the Congressional Re- drilling. pared in 1987 satisfies the requirements search Service, this provision ‘‘appears The Arctic Refuge has the highest of the National Environmental Policy to eliminate the usual compatibility concentration of land polar bears on Act, NEPA, for preparation of the regu- determination process for purposes of Alaska’s North Slope. Polar bears are lations that will guide the leasing pro- refuge management.’’ CRS notes that particularly sensitive to oil develop- gram. NEPA is supposed to ensure that without the compatibility process, the ment because they den in winter—ex- public and Federal decision makers authority of the Fish and Wildlife actly the time oil companies want to have the most recent, accurate infor- Service to impose conditions on leases drill. mation concerning the environmental is called into question. Millions of migratory birds—over 130 impacts of projects, but this clause Mr. President, we can do better, and species—journey thousands of miles seems to ensure the opposite. In fact, we should. Reconciliation constrains each spring to nest and feed in the wet- as long ago as 1991, in a case called the way in which Senators who are lands on the Coastal Plain. The birds NRDC v. Lujan, a Federal court found concerned about these issues, and who travel from six continents and every that due to new scientific information, do not serve on the Energy Committee State in America. Interior should have supplemented this or the Budget Committee, are able to Oil drilling—with its associated very same 1987 EIS analysis before rec- address them on the floor. roads, pipelines, processing plants, air- ommending to Congress that it allow I would caution all Members of the strips, and other industrial facilities— development on the Coastal Plain. Senate who have committed to support would disturb these species’ nesting In 2002, some 15 years after the 1987 Arctic drilling only in certain cases, or and foraging habitats. The birds in the EIS, the U.S. Geological Survey re- only if certain other legislative or reg- backyards and skies in every one of our leased a significant report detailing 12 ulatory actions take place, to think se- States could become fewer and fewer in years of study about the potential im- riously about whether reconciliation number if we disturb the area they pacts of oil drilling on the wildlife of serves their interests and their con- have depended upon for millions of the Arctic Refuge. This information stituents’ interests. I would also cau- years. can, and should be incorporated as the tion all members, as Senators BINGA- Finally, I want to mention the Interior Department’s consideration of MAN and DURBIN have done, that if this muskox, which live year-round in the drilling. language remains in the bill, it opens refuge. Oil development would displace Many now question whether the ex- the door for further attempts through them from their preferred feeding areas isting final legislative environmental reconciliation to override the require- and would reduce calving rates. impact statement, prepared in 1987 to ments of environmental or any other Mr. President, this is one of Amer- comply with the National Environ- law under the guise of ensuring that we ica’s—indeed, one of the world’s—wil- mental Policy Act, is adequate to sup- obtain revenue. derness treasures. It is unique, pris- port development now, or whether a Finally, I oppose using reconciliation tine, and unspoiled. Supplement or a new EIS should be to open the Arctic Refuge Coastal Why would we risk that? We don’t prepared. As I mentioned, a court in a Plain to oil drilling because I believe it even get that much oil—6 months declaratory judgment action in 1991 is being used to limit consideration of worth of oil—and not until 10 years held that the Interior Department a controversial issue. The American from now. should have prepared a Supplemental people have strongly held views on But don’t take my word for it—just Environmental Impact Statement, drilling in the refuge, and they want to look at the reaction from America’s oil SEIS, at that time to encompass new know that the Senate is working to companies. BP, Conoco-Philipps, and information about the Coastal Plain. pass legislation to manage the area ap- Chevron-Texaco have all pulled out of Therefore, without the language of propriately in a forthright and open Arctic Power, the lobby group trying title IV, it seems clear that either an process. Senator CANTWELL’s amend- to open up the Refuge to drilling. SEIS or a new EIS would have to be ment is the best way to ensure that If the very companies that would put prepared before drilling could begin. open process is followed, and I urge up the capital and resources do not The bill before us states that the Senators to support her amendment. care about drilling in the Refuge, how Congress finds the 1987 EIS adequate to Mrs. BOXER. Mr. President, once can anyone argue that we will be able satisfy the legal and procedural re- again, the Senate will vote on whether to improve our oil supply? quirements of NEPA with respect to to allow drilling in the Arctic National If we were really concerned about en- the actions authorized to be taken by Wildlife Refuge. If it passes now, this ergy security, we would require better the Secretary of the Interior in devel- may be the last time we vote on the replacement tires on cars, close the oping and promulgating the regula- issue. This may be the last chance we SUV loophole on fuel economy stand- tions for the establishment of the leas- have to save one of America’s most ards, and increase those standards ing program. This language explicitly pristine areas. So, I want to talk about overall. eliminates the need to redo or update what our Nation will lose if we allow Closing the SUV loophole alone the EIS for the leasing regulations. drilling to go forward. would save us, in 7 years, the same There is no question that this lan- In 1960, when President Eisenhower amount of oil we would get from the guage substantially weakens environ- set aside 8.9 million acres to form the Refuge. That is saving an Arctic Na- mental review requirements. It signifi- original Arctic Range, his Secretary of tional Wildlife Refuge every 7 years. cantly diminishes the comprehensive the Interior, Fred Seaton, noted that Let me put it another way. In 20 years, analysis traditionally required by the area was ‘‘one of the most magnifi- we would save the equivalent amount NEPA, by stating that the Secretary of cent wildlife and wilderness areas in of oil that we would get from three the Interior need consider only its pre- North America . . . a wilderness expe- ANWRs. ferred action and a single leasing alter- rience not duplicated elsewhere.’’ Given that there is only about 6 native. The ‘‘alternatives analysis,’’ And the Coastal Plain, where oil months of oil in the Arctic Refuge and which is all but eliminated by this sec- drilling is proposed, is the area’s ‘‘bio- that the oil companies do not want to tion of the bill, is the heart of NEPA. logical heart’’—a crucial habitat for go there, what is this really all about? Senators supporting this provision hundreds of species of animals. I believe it is really about estab- should be fully aware that these limi- The Porcupine Caribou herd migrates lishing a precedent for opening up tations strike at the core of our coun- through the Coastal Plain each year, other areas around the country to oil try’s environmental review process and and—with a population of 130,000—it is drilling. requirements. the world’s largest caribou herd. Its That means off the coast of Cali- Further, this title undermines the 800-mile-long migration between Can- fornia, the Carolinas, and Florida. That U.S. Fish and Wildlife Service’s author- ada and the United States is second means in our national parks, the ity to impose conditions on leases. This only to the wildebeests of Africa. The Rocky Mountains, and our wetlands. title states that the oil and gas leasing Coastal Plain is the principal calving Ever since the Senate voted to pave program is ‘‘deemed to be compatible’’ ground for the porcupine caribou, so the way for oil drilling in the Refuge

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.022 S02NOPT1 S12172 CONGRESSIONAL RECORD — SENATE November 2, 2005 back in March, this is exactly what we Mr. CONRAD. Right. Mr. President, Under the legislation, the Secretary have seen—repeated attempts to allow what is the time remaining on both could adopt oil lease terms that ensure drilling in areas previously off limits. sides at this point? what is described as the receipt of fair If we can open an area as pristine, as The PRESIDING OFFICER. There is market value. The legislation does not unique, and as precious as the Arctic 191⁄2 minutes for the Senator from make any mention whatsoever of what National Wildlife Refuge, what Washington—and time is running—and we have heard constantly for months couldn’t be opened up? 4 minutes 20 seconds for the Senator and months; and that is this is some- And so I say to my colleagues, watch from Alaska. how supposed to reduce our Nation’s out: your backyard may be next. Mr. CONRAD. So the time for the dependence on foreign oil or increase Mr. President, I urge my colleagues Talent amendment or the Talent- our energy security. to support the Cantwell amendment, Wyden amendment or the Wyden-Tal- So what you would have is a situa- which will protect the Refuge for our ent amendment would be controlled by tion where if the highest price is in children and grandchildren. the two sides who still have time re- South America, Arctic oil would go to Ms. CANTWELL. Mr. President, I ask maining; is that correct? South America; if the highest price is how much time is left on each side. The PRESIDING OFFICER. That is in the Far East, Arctic oil would have The PRESIDING OFFICER (Mr. AL- the Chair’s understanding of the agree- to go to the Far East; and, certainly, EXANDER). There is 22 minutes 10 sec- ment. given the insatiable demand for energy onds for the Senator from Washington Mr. CONRAD. So it would depend on in China, I think, with the dollar being and 4 minutes 21 seconds for the Sen- the Senator from Washington and the weak, as sure as the night follows the ator from Alaska. Senator from Alaska to relinquish time day, without the Wyden-Talent amend- Ms. CANTWELL. Well, it is my unfor the purposes of considering the Tal- ment, this oil would end up going to derstanding that one of my colleagues ent-Wyden amendment; is that correct? the highest bidder in the Far East, par- wants to offer an amendment that was The PRESIDING OFFICER. For ticularly the Chinese. part of the previous unanimous consent yielding time for that purpose, that is I do think this amendment is the agreement. I would ask unanimous correct. very least the Senate can do to put a consent, until they figure that out, Mr. CONRAD. I thank the Chair. Band-Aid on what I think is a fun- that time during a quorum call be The PRESIDING OFFICER. Who damentally flawed decision. I hope, as equally divided between both sides. yields time? colleagues look at this—we had the de- Mr. STEVENS. I object. Mr. STEVENS. Are we still on the bate in the Energy Committee—they The PRESIDING OFFICER. Objec- parliamentary inquiry? get a sense of exactly what is involved. tion is heard. The PRESIDING OFFICER. Yes, sir. With the inflated revenue projections Mr. STEVENS. We have only 4 min- Mr. STEVENS. We could enter into a of $2.4 billion from oil leases in the utes left. time agreement now, could we not, on Arctic included in the budget, the Fed- Ms. CANTWELL. Mr. President, I am the Wyden-Talent amendment? eral Government is going to be forced happy to debate whatever amendment. The PRESIDING OFFICER. That is to sell the oil to the highest bidder to Part of the previous consideration was my understanding, yes. even come close to that amount. In to have a debate on a related amend- Mr. STEVENS. The current time fact, the Congressional Budget Office ment. I do not know where the Senator agreement refers to a Talent amend- estimates that net Federal proceeds, is in offering that amendment. Do we ment. I ask unanimous consent that be over a 10-year period, would be $2.6 bil- have a time period in which he might— the Wyden-Talent amendment. lion, with the initial royalties from if I can inquire through the Chair, does The PRESIDING OFFICER. Without production near the end of the decade. the Senator who is controlling the objection, it is so ordered. The budget assumes nearly all of those time on the other side know when the Mr. STEVENS. Therefore, that is for revenues in the next 5 years alone. Senator might be available to offer his the purpose of the Senator being able So what that means is, if we are amendment? to yield time to Senator WYDEN to going to have any prospect of making The PRESIDING OFFICER. The start the process. sure this oil goes to the United States, Chair would have no such knowledge. The PRESIDING OFFICER. The Sen- we have to have this legislation. The Senator from North Dakota. ator from Washington. I also point out that the distin- Mr. CONRAD. Mr. President, might I Ms. CANTWELL. Mr. President, I inquire of the Chair, does the Senator guished senior Senator from Oregon— think my colleague from Oregon, who we still describe him as the senior Sen- from Washington have the floor? has been a champion on this issue The PRESIDING OFFICER. She does. ator—Mark Hatfield, shared this posi- Mr. CONRAD. Without jeopardizing throughout the committee process, is tion for years. He was a supporter of her right to the floor, might I make a prepared to call up the Wyden-Talent the oil industry, but he said: By God, parliamentary inquiry? amendment and to speak on it at this aren’t we going to keep this oil here at The PRESIDING OFFICER. Without time. home? Yet what we heard in the En- objection, it is so ordered. How much time does the Senator ergy Committee is we are concerned Mr. CONRAD. Mr. President, in from Oregon wish to have? about the Mercantile Exchange, we are terms of the time remaining, I think Mr. WYDEN. Mr. President, would up concerned about all kinds of questions the Senator from Washington, as I hear to 5 minutes be acceptable? about trade law. This is not about the her question, is wondering about the Ms. CANTWELL. Mr. President, I Mercantile Exchange. This is not about disposition of the Talent-Wyden yield the Senator from Oregon 7 min- trade law. This is about whether the amendment or the Wyden-Talent utes. pledge that has been made by sup- amendment, however it is, that was The PRESIDING OFFICER. The Sen- porters, that this oil is going to stay in previously reserved in the unanimous ator is recognized for 7 minutes. the United States, gets honored. consent agreement; was it not? Mr. WYDEN. Thank you, Mr. Presi- I would like to tell my colleagues, The PRESIDING OFFICER (Mr. dent. particularly my good friend from Alas- GRAHAM). The agreement acknowl- AMENDMENT NO. 2362 ka, who said, ‘‘Oh, it is a sure bet this edged that the Talent amendment Mr. WYDEN. Mr. President, I thank oil will stay in the United States,’’ would be offered but did not address a Senator CANTWELL for her excellent that I specifically asked—I have the time agreement. work and concur with her remarks. transcript with me—executives from Mr. CONRAD. No, I don’t think that Mr. President, you cannot look the BP, when they came to the Senate is correct. I think the Talent agree- public in the eye and say you are going Commerce Committee, whether they ment was to be within the time to to drill in ANWR and then ship this oil would make a commitment to keep noon, to be considered within that to China or one of the highest bidders Alaskan oil in the United States. Ac- time. Is that correct? around the world. That is, in my view, cording to the official Senate tran- The PRESIDING OFFICER. That is exactly what would happen without the script that I have, they would not correct, but not a specific amount Wyden-Talent legislation that is going make that commitment. That is why within that period of time. to be offered now. this legislation is needed. To allow

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.023 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12173 drilling, and then shipping it overseas, going to like, but this is something keep an open mind to see if there is in my view, is a case of two wrongs that is in the interest of the national some way we can work this out in the making a colossal wrong. security of the United States. I am meantime, I am sure the Senator from So I hope the Senate now will accept grateful to him for bringing forward Oregon feels the same way. I under- this amendment. In my view, it is the this idea and happy to support him in stand entirely his reservations. very least that can be done to address it and grateful also to the bill man- Mr. STEVENS. Has the amendment the needs of consumers in our country. agers for their attitude toward it. been filed? I thank my friend from Missouri, who I yield back my time. The PRESIDING OFFICER. The contacted me about his interest in this Mr. STEVENS. How much time re- amendment has not been proposed. issue. With supporters of oil drilling mains on our side? Mr. STEVENS. Mr. President, must claiming oil is needed to reduce our The PRESIDING OFFICER. The Sen- it be filed now to comply with the ex- Nation’s dependence on foreign oil, we ator has 2 minutes 8 seconds. isting time agreement? ought to recognize that in this Senate Mr. STEVENS. Mr. President, I state Mr. WYDEN. Mr. President, I call up budget reconciliation bill we are not for the record, we are prepared to ac- the amendment. increasing U.S. energy security by one cept this amendment, provided it The PRESIDING OFFICER. The drop of oil—not one drop of oil—unless waives the Byrd rule for further consid- clerk will report the amendment. we have the assurance that this amend- eration by the Senate and also waives The legislative clerk read as follows: ment provides that the oil would stay the Byrd rule as applied only to this The Senator from Oregon [Mr. WYDEN], for in the United States. amendment in a conference report himself and Mr. TALENT, proposes an amend- I thank my colleague from Wash- when it returns to the Senate. ment numbered 2362 to the language pro- ington State for giving me this time. I I reserve the remainder of our time. posed to be stricken by amendment No. 2358. appreciate the cooperation of the Sen- The PRESIDING OFFICER. The Sen- Mr. CONRAD. Mr. President, I ask ator from Missouri, who I think is pre- ator from North Dakota. unanimous consent that reading the pared to speak at this time. Mr. CONRAD. Mr. President, I want amendment be dispensed with. The PRESIDING OFFICER. The Sen- to inform colleagues, I will not be able Mr. STEVENS. I object. ator from Missouri. to agree to such a unanimous consent The PRESIDING OFFICER. Objec- Mr. TALENT. Mr. President, let me request. I want everybody to know we tion is heard. The clerk will continue make a parliamentary inquiry. How will not be able to agree to waive this reading the amendment. much time do I have now? throughout the process. We might The legislative clerk continued the Mr. STEVENS. Mr. President, I yield agree to waive it for Senate consider- reading of the amendment: the Senator such time as he requires. ation, but we would have no assurance (Purpose: To enhance the energy security of The PRESIDING OFFICER. The Sen- this would not be altered. There is no the United States by prohibiting the expor- ator has 3 minutes 46 seconds. way to guarantee it might not be al- tation of oil and gas produced under leases Mr. TALENT. Mr. President, that is tered. in the Arctic National Wildlife Refuge) the time remaining on our side? Mr. STEVENS. Will the Senator At the end of section 401, add the fol- The PRESIDING OFFICER. That is yield? lowing: correct. Mr. CONRAD. Let me finish. Then I (h) PROHIBITION ON EXPORTS.—An oil or gas Mr. TALENT. Mr. President, I under- would be happy to yield. There is no lease issued under this title shall prohibit stand we are under time constraints, way to assure that other provisions the exportation of oil or gas produced under and I will be brief. might be added, and so we cannot agree the lease. I think the Senator from Oregon has to eliminating points of order through Mr. STEVENS. Parliamentary in- made the case very persuasively. I con- the whole process. quiry: Can that amendment be amend- gratulate him for raising this impor- I am happy to yield. ed later, if it is left alone right now? tant issue in committee. I was con- Mr. STEVENS. Mr. President, if the The PRESIDING OFFICER. The cerned that if we attached this provi- Senator will yield for an inquiry, we amendment is an amendment to the sion in committee, it might subject the are prepared to accept the amendment language proposed to be stricken. As whole provision relating to the ANWR which specifically says the Byrd rule is such, it is a first-degree amendment part of the bill to a budget point of waived for this amendment only, and subject to a second-degree amendment. order, and I did not want to imperil this amendment, if totally unchanged, Mr. STEVENS. I thought we had a that part of the bill. as it returns from the conference, but time agreement to ban second-degree As I said before, when I spoke on the only this. But I am informed that—and amendments. Senate floor, I simply do not see any I inform the Senator—if this goes to Mr. CONRAD. That is not correct. reason why we should cut ourselves off conference, any Senator could raise the There is no ban on second-degree from accessing oil in our own country. Byrd rule against the whole report if it amendments. This second-degree But I think the Senator’s amendment, remains in there, unless we also waive amendment specifically provided for it. and my amendment, is a natural sup- it as to this section. Mr. STEVENS. Another parliamen- plement to the underlying purpose of Mr. CONRAD. Let me say that the tary inquiry: Is that amendment sub- exploring for oil in the Arctic. It is to problem, my counsel informs me, is ject to a Byrd rule point of order now? increase our national security. It is to other provisions could affect this one The PRESIDING OFFICER. At this lower prices in the United States. It is and I cannot agree to waive all budget point the Chair is not aware of any rea- to make certain we have access to oil points of order throughout the whole son why this amendment would violate when we need it. process on this amendment. the Byrd rule. In order to do that, I think we have We can conclude debate on this issue Mr. STEVENS. I didn’t hear the to be certain that the oil does not go right now, and we are not going to vote Chair. Yes or no? on the world market but, rather, is re- on it until later. So maybe there is The PRESIDING OFFICER. At this served for the needs of the United time to work through this. I want to point there is no violation. The Chair States. make it clear. I have been informed by doesn’t see a violation at this point Not only is this right economically counsel I could not agree to a waiver at with this amendment. because, as the Senator said, it is im- this point. Mr. STEVENS. Further parliamen- portant, if we are going to meet the Mr. TALENT. Will the Senator yield tary inquiry: If that is adopted and budget targets in this bill, that we for a moment? brought back in the conference report, have access to this oil here in the Mr. CONRAD. I am happy to yield. it would be subject to the same consid- United States, it is also very important Mr. TALENT. As always, the Senator eration? as a hedge against foreign boycotts or speaks with candor, and I very much The PRESIDING OFFICER. It would threats or oil blackmail that somebody appreciate that. I want to hone in on be subject to the same consideration, may want to use against the United the last point the Senator made. We but there have been no arguments States. The Senator is correct, this is are not voting on this now, and we made to the Chair for or against a vio- not something the oil companies are don’t have to consider it now. If we can lation of the Byrd rule.

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.040 S02NOPT1 S12174 CONGRESSIONAL RECORD — SENATE November 2, 2005 Mr. STEVENS. Another parliamen- Mr. CONRAD. I thank the Chair. They don’t want a backdoor gimmick tary inquiry: That is an amendment to Mr. STEVENS. Do I have any time into helping the oil companies, who the Cantwell amendment? remaining? have already been making record prof- The PRESIDING OFFICER. It is an The PRESIDING OFFICER. There is its, continue to make record profits on amendment to the section of the bill 1 minute 48 seconds. something that is going to offer very proposed to be stricken by the Cant- Mr. STEVENS. I will use 30 seconds. little for the American people. well amendment. I intend to raise a point of order I urge my colleagues to support the Mr. STEVENS. It is an amendment against this amendment unless it is Cantwell amendment and to support to the provisions in the bill. clearly ruled at the time the vote takes the Wyden amendment when it comes The PRESIDING OFFICER. Yes. place that the Byrd rule will not apply up so we can be true to this issue and Mr. CONRAD. Parliamentary in- to this amendment here on the floor of say we don’t want to drill in the Arctic quiry. the Senate now, during consideration Wildlife Refuge as a way to get out of The PRESIDING OFFICER. The Sen- of this bill, or when the bill comes back our problems. We want to make an in- ator from North Dakota. as a conference report. vestment in the right process and have Mr. CONRAD. Has the Parliamen- I reserve the remainder of the time. oil companies live by the environ- tarian made an actual ruling with re- The PRESIDING OFFICER. Who mental standards they are required to spect to the Byrd rule? yields time? today. The PRESIDING OFFICER. No. The Senator from Washington. With that, I yield the floor. Mr. CONRAD. I want to make clear Ms. CANTWELL. Mr. President, how The PRESIDING OFFICER. Who to my colleagues, what I hear hap- much time remains on each side? yields time? pening and what I think colleagues The PRESIDING OFFICER. There is If neither side yields time, time will may think just happened may be two 4 minutes 40 seconds for the Senator be charged evenly between both sides. very different things. As I understand from Washington; 1 minute 28 seconds Mr. CONRAD. Parliamentary in- it, the Parliamentarian has not made a for the Senator from Alaska. quiry: How much time remains on this ruling or a determination on this mat- Ms. CANTWELL. Is the Wyden amendment now? ter at this moment. amendment the pending amendment? The PRESIDING OFFICER (Ms. MUR- The PRESIDING OFFICER. That is The PRESIDING OFFICER. That is KOWSKI). The Senator from Washington correct. correct. The Wyden amendment is has 58 seconds. The Senator from Alas- Mr. STEVENS. That is correct. pending. ka has 1 minute 28 seconds. Mr. CONRAD. I thank the Chair. Ms. CANTWELL. Mr. President, does The PRESIDING OFFICER. The Sen- Mr. CONRAD. Time is running evenly the Senator from Oregon wish more at this point? ator from Alaska. time? Mr. STEVENS. Mr. President, is it The PRESIDING OFFICER. That is Mr. WYDEN. No. correct. possible to pose a question through the Ms. CANTWELL. I will make a cou- Chair to the Parliamentarian as to Mr. CONRAD. The Chair has in- ple of comments in closing as we sort formed us the Senator from Alaska has whether, if adopted, it would be subject out the last on the Wyden-Talent to the point of order under the Byrd 1 minute 28 seconds remaining. The amendment. This budget reconciliation Senator from Washington has 58 sec- rule? act, as it stands now, without the Cant- The PRESIDING OFFICER. Once it onds remaining. Right now they are well amendment striking the ANWR is adopted to the bill, it is not subject charging the time equally. language, is a false promise to the to a point of order, when contained in Mr. STEVENS. I am prepared to American people. It is a false promise the bill. yield back the balance of our time if that they are going to have cheaper gas Mr. STEVENS. I seem to be hearing the Senator is. I yield back the balance prices now or significantly cheaper gas that it is because of the condition of of my time conditioned on the Senator prices in the future. It is a false prom- the bill right now, that the time has yielding back the balance of her time. ise on the amount of revenue that is not expired, et cetera. Is the Parlia- Ms. CANTWELL. I yield back the going to be raised in the budget. It is a mentarian ruling because of the time balance of my time. false promise that somehow this can be situation or giving us an actual ruling The PRESIDING OFFICER. All time done in an environmentally sensitive now on application of the Byrd rule to is yielded back. way and that the area we have called this amendment? The Senator from New Hampshire. The PRESIDING OFFICER. The for so long the Arctic National Wildlife Mr. GREGG. Madam President, at Chair is reserving a decision on the Refuge can be preserved as it is. It is a this time we will move to the amend- merits of the Byrd rule as applied to set of false promises, and the American ment offered by Senator GRASSLEY and this amendment because no such argu- people deserve better. They know this Senator DORGAN. Hopefully they will ment has been made. is a time in which our country should both be here in short order to get that Mr. CONRAD. Mr. President, par- be making serious plans to diversify one started. liamentary inquiry. our overdependence on fossil fuel and I suggest the absence of a quorum. The PRESIDING OFFICER. The Sen- change, and they certainly don’t want Mr. CONRAD. Will the Senator with- ator from North Dakota. environmental considerations that hold for a moment? Mr. CONRAD. In part, the question of have been long the standard for oil Mr. GREGG. I will withhold that. the Byrd rule violation here would turn drilling in America to be tossed aside Mr. CONRAD. Madam President, I on the question of whether this scored; by a budget resolution. think it might be useful for the pur- is that correct? They certainly don’t want the fact poses of informing our colleagues The PRESIDING OFFICER. That is that there have been, as one organiza- where we are now. We have completed part of the analysis. tion, the Alaska Department of Envi- the debate on the ANWR issue. We now Mr. CONRAD. And that part of the ronmental Conservation said, 405 spills go to the Grassley-Dorgan amendment analysis has not yet been done, I as- annually in the North Slope since 1996. that is on payment limitations. We will sume, in terms of the Parliamentarian They don’t want to continue the trend then go to the Bingaman amendment making a final determination. He has in Prudhoe Bay and other Trans-Alas- on the subject of FMAP. We will then not had the evidence put before him; is ka Pipeline areas of causing 4,532 spills go to the Byrd amendment from 2 to 3 that correct? since 1996. The American people want on the issue of visa reform. We will The PRESIDING OFFICER. That is to have responsible production moving then go to the Lott-Lautenberg amend- correct. forward that meets the standards that ment on Amtrak; that is from 3 to 3:30. Mr. CONRAD. So in terms of making production in America has lived by. From 3:30 to 4:15, we will be on the a decision, the Parliamentarian simply That is, by the same standards of the McCain amendment; from 4:15 to 5 on does not have all the information be- National Environmental Protection the Murray amendment on dual eligi- fore him to make a judgment. Act, judicial review, fish and wildlife, bles; then an Ensign amendment on The PRESIDING OFFICER. That is transportation issues, compatibility DTV from 5 to 5:30; then the Landrieu correct. issue, protection of indigenous rights. amendment or an amendment that I

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.043 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12175 might designate from 5:30 to 6. That away from a revolution, so a certain port a farm program for family farmers uses up all of the time. food supply has something to do with when 10 percent of the biggest farmers If we could alert colleagues, we have the stable society of any country. are getting 72 percent of the benefits? a very restricted schedule. These are The American people recognize the That is something we in rural America the only amendments we could sched- importance of the family farmer to our need to be thinking about when we are ule time for and get unanimous con- Nation and the need to provide an ade- anticipating just 2 years from now— sent. We apologize to our colleagues quate safety net for family farmers. less than 2 years—having a debate on who wanted additional opportunities to That is why we have had a farm pro- the renewal of the 2007 farm bill. Are offer amendments. It simply was not gram for 70 years. In recent years, how- we going to be able to maintain sup- possible given the very tight time limi- ever, these farm payments have come port in the urban-dominated House of tations of reconciliation and given the under increasing scrutiny, particularly Representatives for a farm safety net events of yesterday. from people who do not understand ag- when 10 percent of the biggest farmers I ask unanimous consent that Sen- riculture. And when you spend the tax- in America are getting 72 percent of ators HARKIN, OBAMA, and MIKULSKI be payers’ money, there is nothing wrong the benefits? added as cosponsors to my pay-go with scrutiny. Critics of farm programs I believe we need to correct our amendment. have argued that the largest corporate course and modify the farm programs The PRESIDING OFFICER. Without farms reap most of the benefits of these before those programs cause further objection, it is so ordered. payments. concentration and consolidation in ag- Mr. CONRAD. I yield the floor. Mr. CONRAD. Madam President, riculture. Today, most commodities Mr. GREGG. I suggest the absence of might I inquire through the Chair if are valued off demand. Markets dictate a quorum. the Senator would allow an interrup- profitability. When farmers over- The PRESIDING OFFICER. The tion for a unanimous consent request produce by expanding rapidly because clerk will call the roll. with respect to who controls the time of the impact of Government farm pay- The bill clerk proceeded to call the in opposition? ments, then markets are not func- roll. Mr. GRASSLEY. Yes, I will. tioning. Federal farm programs are in- Mr. GRASSLEY. Madam President, I Mr. CONRAD. I very much appreciate fluencing even land prices across the ask unanimous consent that the order that. country. Iowa land is selling between for the quorum call be rescinded. Madam President, I would like to $4,000 and $5,000 an acre in counties sur- The PRESIDING OFFICER. Without yield 45 minutes, the time in opposi- objection, it is so ordered. rounding my home at New Hartford, tion, to the Senator from Georgia, Mr. IA. AMENDMENT NO. 2359 CHAMBLISS, for his control. Mr. GRASSLEY. Madam President, I The PRESIDING OFFICER. The Sen- This amendment will revitalize the yield myself 15 minutes. ator has that right. farm economy for young people across The PRESIDING OFFICER. Does the Mr. CONRAD. I thank very much the the country by making land prices and Senator have an amendment he wishes Senator from Iowa for yielding. cash trends more affordable, and that to call up at this time? Mr. GRASSLEY. That brings up a is going to be most important if we are Mr. GRASSLEY. Yes, the amend- situation I wasn’t aware of. I thought going to revitalize American agri- ment by GRASSLEY, DORGAN, ENZI, HAR- we had an hour equally divided. There culture by getting young people in it KIN, HAGEL, THUNE, JOHNSON, was 45 minutes there, so do we have 11⁄2 when you consider today the average BROWNBACK, and FEINGOLD. It is the hours and I have 45 minutes on my age of a family farmer is 50 years. amendment on payment limits. side? My amendment will put a hard cap The PRESIDING OFFICER. The Mr. CONRAD. The Senator is correct. on farm payments at $250,000. That is clerk will report. Mr. CHAMBLISS. Would the Senator the same as what is in the President’s The assistant legislative clerk read like to reduce that to an hour? budget, meaning the Republican Presi- as follows: Mr. GRASSLEY. No, at least not dent’s budget, meaning Republican The Senator from Iowa [Mr. GRASSLEY], for right now. Maybe later. President Bush’s budget. This will take himself and Mr. DORGAN, Mr. ENZI, Mr. HAR- Madam President, I still would stay it down from the current payment, KIN, Mr. HAGEL, Mr. JOHNSON, Mr. within my 15 minutes because I don’t $360,000, that is allowed under existing BROWNBACK, and Mr. THUNE, proposes an want to use floor time that other Mem- law, under the 2002 farm bill. amendment numbered 2359. bers might want to use. Just to remind everybody, I voted But anyway, farm payments have (The text of the amendment is print- against the conference report on the come under increasing scrutiny, and ed in today’s RECORD under ‘‘Text of 2002 farm bill, and the lack of farm that is legitimate because we are Amendments.’’) payments, of responsible hard caps was Mr. GRASSLEY. Madam President, spending taxpayers’ money. Critics of the reason that I did. I worked back since we are talking about farm pay- farm payments have argued that the then with Senator DORGAN, who is the ments and since I am involved in agri- largest corporate farms reap most of main sponsor of this amendment, on a culture, I want to be totally trans- benefits from these payments. What is similar measure in 2002, and it passed parent that on the side I am a family more, farm payments that were origi- by a bipartisan, bipartisan support of farmer, I have income from that farm, nally designed to benefit small and me- 66 to 31. The amendment, of course, and I crop share with my farmer son dium-sized family farmers have con- was taken out in conference. Robin Grassley. We don’t hire labor. So tributed to the demise of those smaller whatever farm payments go with our farmers as well because unlimited farm One section that was added in the crops, I receive 50 percent of those farm payments have placed upward pressure 2002 farm bill set up the Commission on payments from the Federal farm pro- on land prices and cash trends and have the Application of Payment Limita- gram. contributed to overproduction and tions. This was a substitute for the fact This amendment is about the family lower commodity prices, driving many that we didn’t get payment limita- farmer. Farm programs are not just family farmers off the farm. tions; we are going to have a commis- about the 2 percent of Americans who The law creates a system that is out sion study it. This study concluded farm for a living. Farm programs are of balance. This is pointed out in this that payment limitations affect the about several things, but, most impor- first chart I have here that basically largest producers and these producers tantly, they are about national secu- indicates—and you can look at the dif- generally have lower per-unit produc- rity because Napoleon said ‘‘an army ferent lines, but the bottom line is the tion costs than other producers. But marches on its belly,’’ so obviously a one I most often use—10 percent of the the study also says smaller, less effi- secure food supply is very important largest farmers in America get 72 per- cient producers may be able to expand for our national security. cent of the benefits that we appro- production and become more efficient Second but not often said, it is about priate to help family farmers with under further payment limitations. the social stability of our Nation be- their safety nets. I have to ask: How Congress enacted in 1987 the Agricul- cause any society is only nine meals long are city taxpayers going to sup- tural Reconciliation Act, more often

VerDate Aug 31 2005 05:50 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.044 S02NOPT1 S12176 CONGRESSIONAL RECORD — SENATE November 2, 2005 referred to as the Farm Program Integ- The budget resolution also instructed If investors were to expect less Fed- rity Act, to establish eligibility condi- Congress to find $3 billion in savings eral funding or not at all, land values tions that are not being abided by over 5 years in agricultural programs. I would likely decline, perhaps as much today for recipients and to ensure that supported that resolution coming out as 25 percent. only entities actively engaged in farm- of committee without offering my I have a number of editorials sup- ing receive payments. To be considered amendment in committee because we porting my position. The third one I actively engaged in farming, this act have a responsibility to support the put up comes from the Des Moines Reg- requires an individual or entity to pro- chairman in moving the budget resolu- ister. Again, it refers to responsibil- vide a significant contribution of in- tion along. In the Agriculture Com- ities I have as chairman of the Senate puts—capital, land, equipment, labor— mittee, it was bipartisan. These sav- Finance Committee, assuming I can as well as significant contributions of ings consisted of cutting commodity control every committee in the Senate, services, particularly labor, or active programs, and we achieved the $3 bil- and I am willing to inform the Des management to the farming operation. lion savings. Moines Register that no Senator who is But people have been able to find loop- The proposed amendment before the chairman of the Finance Committee holes around this act, and that has fa- Senate would cap farm commodity does. They said, in regard to me as cilitated these huge payments that go farm program payments at $250,000 a chairman of the Finance Committee beyond the limits that are in law year. This would encompass direct pay- and Congressman NUSSEL as chairman today. ments, countercyclical payments, loan of the House Budget Committee: Last year, I held a hearing through deficiency payments, and marketing Both could make a difference for Iowa’s the Finance Committee on the GAO re- loan gains. Gains from commodity cer- farmers and rural communities by steering port that was released April of 2004. tificates would be counted toward the adoption of payment limitations for farm The GAO report recommended that limitation, closing another abusive subsidies. Nearly three-fourths of Federal measurable standards and clarified reg- loophole. farm payments go to 10 percent of the farms. ulations would better assure that peo- By tightening up loopholes, this A fourth editorial is from a news- ple who receive payments are actively amendment would save $1.1 billion in paper that the chairman of the Senate engaged in farming. Of course, our savings over 5 years. With these sav- Agriculture Committee, I know, re- USDA under both Republicans and ings, the Grassley-Dorgan amendment spects very well, the Atlanta Journal- Democrats does not want to write would restore 50 percent of the CRP Constitution. The Atlanta Journal- these regulations, does not want to en- acres cut by the committee and restore Constitution says: force them, and that is why we have up to 75 percent of the Conservation As time has gone by, smaller farmers most this legal subterfuge of getting around Security Program money that was cut in need have received less and less of govern- the payment limitations that are high- during the Agriculture Committee ment’s support and corporate-like farms er but would be effective, and I markup of reconciliation. more and more. wouldn’t be arguing with them if they These savings will allow us also to Their arguments for payment limita- were. prevent a 2-percent reduction in across- tions. Of the $17 billion in payments that the-board commodity cuts that this By voting in favor of this amend- the USDA distributed to recipients in resolution before us calls for in the 2006 ment, we can restore the cuts that 2002, $5.9 billion went to just 149,000 en- crop year. have been made to the commodity and Obviously, with all the increased tities. Corporations and general part- conservation programs and lessen Gov- costs of energy, farming, and every- nerships represented 39 percent and 26 ernment support to corporate farmers. thing else, we ought to do what we can percent of these entities. The PRESIDING OFFICER. The Sen- to strengthen the safety net and not I want my colleagues to look at an- ator’s time has expired. weaken it. This would help prevent other chart from the Washington Post Mr. GRASSLEY. Madam President, I of March of this year: that 2.5-percent cut in farm programs. Not only has the Senate agreed to ask for 15 seconds. If the purpose of the farm subsidies is to We can restore what we cut to family make family farms viable, it’s hard to see some type of payment limit reform in the past, but the President in his budg- farmers in the resolution. We can allow why payments of more than $400,000 apiece young farmers to get into farming and should have gone to 54 deceased farmers be- et, as I said, included this $250,000 cap. tween 1995 and 2003, or why the residents in The Secretary of Agriculture re- lessen dependence on Federal subsidies. Chicago should have collected $24 million in cently at the Commodity Club lunch- I hope my colleagues will support this farm support over that period. eon on October 6 said he has heard commonsense amendment. This type of arrangement, and others from producers all over the country. I I yield the floor and reserve the re- like it, raise questions about the inter- attended such a forum at the Iowa mainder of my time. I ask people who pretation and enforcement of the 1987 State Fair, and I understand the type want to speak in support of the amend- act that requires each partner be, ac- of feedback he received. ment to please come to the floor so we cording to the law, actively engaged in The concerns that have been ex- can expedite this debate. farming. pressed to the Secretary of Agriculture I might say that I have all sorts of This is why I wrote the General Ac- are that farm payments have been respect for the Senator from Georgia. counting Office to conduct a study. I causing an increase in land values and He is a tough competitor. encourage Members of this body to the greatest benefits going to the larg- The PRESIDING OFFICER. The Sen- look at that report. est farmers. ator from Georgia. Earlier this year, the Senate went on I have been hearing directly from Mr. CHAMBLISS. Madam President, record supporting a reform of Federal producers for years exactly what the I don’t take that as a sign of weakness, farm subsidies. Secretary is hearing at his farm bill fo- but I appreciate the comment from my During the markup of the Senate rums. We are hearing that young pro- fellow Senator from the great State of budget resolution, I was able, with the ducers are unable to carry on the tradi- Iowa who, like myself, comes from a ranking member of the committee, tion of farming because they are finan- strong agriculture production State. I Senator CONRAD, to include a sense-of- cially unable to do so because of high will have a little bit more to say about the-Senate amendment expressing sup- land values, high land prices, and cash that in a minute. port for stronger farm payment limits; rent. Madam President, I rise today to hence, this amendment. That amend- Neil Harl, a distinguished agriculture make a few remarks, first, about S. ment passed the Senate Budget Com- economist, now retired, from Iowa 1932, the Deficit Reduction Omnibus mittee 15 to 7. State University and one of the con- Reconciliation Act of 2005, that is The committee agreed that any rec- tributors to the commission report I being considered by the Senate this onciled mandatory agriculture savings referred to, has come out with another week. required under the resolution should be report. Dr. Harl’s statement says: According to the Congressional Budg- achieved through modifications to the The evidence is convincing that a signifi- et Office, this bill would reduce manda- payment limitation provisions of the cant portion of the subsidies is being bid into tory spending by a total of $39 billion 2002 farm bill. cash rents and capitalized into land values. over 5 years as compared to current

VerDate Aug 31 2005 02:41 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.045 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12177 law. As chairman of the Senate Agri- My view is that the Food Stamp Pro- more than 72 percent of the products culture Committee, I know very well gram supports poor and low-income that come off the farm. It is not sur- that restraining the growth of Federal families trying to put food on the table prising that the folks who produce spending is a very challenging task. It and helps farmers by increasing the crops are the farmers who are getting is a difficult job that most Senators, food purchasing power of those fami- Government payments. That is what including myself, would prefer we not lies. It is a win-win program for Amer- farm policy—good farm policy—is all tackle, yet we must tackle. We must ican agriculture and for America. about. Poor farm policy will provide reduce growth of mandatory spending As we move forward in the reconcili- payments to those folks who are not to get the deficit under control because ation process, I intend to oppose at- producing. But we have a good farm that is increasingly where the bulk of tempts to make any substantial cuts in policy in place today. Federal spending occurs. the funding to the Food Stamp Pro- The Farm Security and Rural Invest- This is the first bill in 8 years that gram. I have made that very clear from ment Act of 2002 authorized a commis- reduces the growth of such spending. day one, and I continue to maintain sion on payment limitations for agri- Most importantly, this bill achieves that position today. culture. This has been alluded to by these savings mainly by reforming While I support the reconciliation Senator GRASSLEY in his comments. mandatory programs rather than cut- bill, I would like Senators and others The purpose of the Commission was ting benefits to low-income individuals to know that we plan to work, hope- to conduct a study on the potential im- families. fully in a bipartisan manner, to provide pact of further payment limitations on The fiscal year 2006 budget resolution disaster assistance to farmers and direct payments, countercyclical pay- instructed the Committee on Agri- ranchers and others in need of separate ments, marketing assistance loan ben- culture, Nutrition, and Forestry to re- legislation in the wake of Hurricanes efits on farm income, land values, rural duce outlays by $173 million in fiscal Katrina and Rita and other adverse communities, agribusiness infrastruc- year 2006 and by $3 billion over the 5 weather events. ture, planning decisions of producers years covering the fiscal years 2006 In the aftermath of these dramatic affected, and supply and prices of cov- through 2010 within mandatory spend- events, farmers are struggling with ered and other agricultural commod- ing programs under the committee’s production losses, sharply higher en- ities. This is a very broad array of jurisdiction. ergy prices, and lower farm prices. I issues which was to be looked at by CBO estimates that title I of this bill will oppose amendments that attempt this Commission. reduces mandatory outlays in the Agri- to address disaster assistance for agri- Here is the first recommendation culture Committee’s programs by $196 culture in this bill. that the Commission stated, the Com- million in fiscal year 2006 and $3.014 bil- It is my hope that the Senate will mission that Senator GRASSLEY pre- lion over 5 years. support this bill and, in particular, will viously alluded to: The fiscal year 2006 savings amount not seek to make any changes in the The 2002 farm bill establishes farm pay- is actually $23 million more than our provisions of title I. ment programs including payment limits through the 2007 crop year. While farm bills instruction for that year, and the 5- I adamantly oppose any amendments can be changed, their multiyear nature pro- year savings is $14 million higher than that will change farm policy. We made vides stability for production agriculture. the committee’s instruction. a contract with our farmers in the 2002 Producers, their lenders and other agri- As a result, title I of the bill fully farm bill, and we, as legislators, have business firms make long-term investment complies with the Agriculture Commit- an obligation to honor that contract decisions based on this multiyear legisla- tee’s reconciliation instruction under that we made with our farmers in 2002. tion. Consequently, if substantial changes the fiscal year 2006 budget resolution. We owe it to our farmers that the are to be made in payment limits, payment Title I of the bill reflects the eligibility criteria, or regulations admin- structure of this farm bill does not istering payment limits, such changes should thoughts and suggestions of a broad change until 2007, when reauthoriza- be part of the reauthorization in the next array of agriculture conservation and tion will be considered in Congress. farm bill. nutrition groups, all of whom care My colleagues need to understand Basically what the Commission that deeply about the Agriculture Commit- that if we have to redebate major pro- Senator GRASSLEY alluded to is saying tee’s mandatory spending programs. visions of the farm bill every time we is in 2002 we entered into a contract The Congress worked hard to write a engage in a budget reconciliation proc- with farmers all across America—in farm bill in 2002. This title achieved ess, then we will rapidly reach a point Iowa, in Georgia, in Arkansas, in Cali- savings from the farm commodity pro- where it will be impossible to gain fornia—wherever they may be. Based grams, but does so in a way that leaves needed support from U.S. agriculture. upon the contract this body agreed to the structure of farm programs un- I reiterate that under the cir- with farmers across America, those changed. The title achieves savings in cumstances of the current deficit, I do farmers went to their bankers, to their our conservation programs, but it does not relish making these spending re- equipment manufacturers or retailers, this in a way that does not impact ex- ductions, but I believe that we owe it to any number of other individuals who isting multiyear contracts in any pro- to the American people to help reduce own land, they entered into rent agree- gram. The title achieves modest sav- the growth of mandatory spending. ments, they entered into loan agree- ings in our research programs, but it With respect to the amendment of- ments and long-term purchase agree- does this in a way that allows the basic fered by Senator GRASSLEY, my goal in ments for farm equipment. structure to remain intact and recog- crafting the agriculture title of this I might mention, farm equipment nizes past funding levels. reconciliation bill was to trim spend- today, whether it is in Iowa or Georgia, Also, importantly, the title preserves ing of agriculture programs rather is not cheap. A cotton picker in Geor- budgetary resources for the upcoming than make sweeping policy changes. gia costs about $250,000. I am sure a 2007 farm bill debate generally sus- Senator GRASSLEY’s amendment makes soybean combine costs just about that pending spending reductions in fiscal significant policy changes. This debate much also, even though you can use it year 2011. None of the outlay savings in should occur during reauthorization of for corn and, by changing heads, other the Agriculture Committee’s title of the next farm bill. It is a complex issue commodities such as wheat. A cotton the bill comes from the Food Stamp that deserves thorough discussion picker can be used for one thing, and Program, despite the fact that this pro- when all of our farm policies are re- that is to pick cotton. gram accounts for nearly half of the viewed in 2007, not on the Senate floor But we made a contract with those mandatory spending in the commit- during budget reconciliation. farmers, and they, in turn, made obli- tee’s jurisdiction. Let me first say that the chart that gations with other individuals based I have heard concerns about achiev- Senator GRASSLEY put up I have no upon the contract we had given them. ing savings from the Food Stamp Pro- doubt is correct, when he says that 10 Now some of my colleagues want to go gram from Senators on the Agriculture percent of the farmers in this country back and reopen the farm bill and have Committee, off the Agriculture Com- received 72 percent of all payments. the debate which we had in 2002, the mittee, and from Senators on both The fact of the matter is, 10 percent of last time there was a vote on the Sen- sides of the aisle, and we reacted. the farmers in this country produce ate floor. The House has not taken up

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.047 S02NOPT1 S12178 CONGRESSIONAL RECORD — SENATE November 2, 2005 this issue. The House understands what payments to be made in those tough sions that are made on farms all over the obligation of their body is. But years. It was projected by CBO that we America about what to plant and how here we are, trying to reopen this bill would spend $52 billion over the first 3 to arrange financing, and these plans one more time. years of the farm bill, and that is the are made in advance. You cannot just Let me tell you specifically what figure that was continually alluded to change the rules from one year to the farmers are going to be faced with if by editorials and those who were crit- next and expect to have a dependable this amendment should pass. Senator ics of the farm bill—not necessarily for source of revenue to sustain an econ- GRASSLEY refers to the fact that he is the first 3 years, but that was a provi- omy, a farm economy that is so impor- reducing payment limit caps from sion in the farm bill that was the most tant to our Nation. $360,000 down to $250,000 per year. That criticized. This issue of payment limitations is right. That is a debate that we had The fact is, even though it was pro- was debated fully during consideration during consideration of the 2002 farm jected that we would spend $52 billion, of the farm bill 3 years ago. Payment bill. It is an issue we will debate again we had good yields and good prices all limitations were included in that bill. in 2007. In fact, because of comments across farm country, and our farmers It is now the law of the land. Farm from Senator GRASSLEY as well as oth- and ranchers only received $37 billion. plans, including planting decisions and ers who feel strongly about this, we re- So we had savings of $15 billion. Have financing decisions, have been made in duced the caps in the 2002 farm bill you seen any of these editorials from reliance on that law. The payment from $450,000 in the 1996 farm bill down these newspapers saying thank you to limit structure within the law is a pro- to $360,000; we reduced it by $90,000. We the American farmer and the American vision that was fully discussed and in- will have that debate in 2007. That is rancher for saving us $15 billion? Abso- corporated after careful deliberation. the time to argue for lower payment lutely not. But here again we are, in This proposal to change that law in the limits. spite of the fact that we have had these name of reconciliation under the Budg- In addition to that, the lower pay- savings, we are coming back now and et Act undermines the objectives of the ment limits that are provided in this saying: Sorry guys, we want to dip into Congress to provide a stable and pre- amendment will reduce direct pay- your pocket a little bit more. We want dictable farm policy. The payment ments from their current level of to change your program, irrespective of limit amendment offered by my friend $40,000 down to $20,000. So whether you what commitments you have made, will have a serious and adverse effect are an Iowa corn farmer or you are a and we are going to change your farm on farmers in Southern States in par- Georgia peanut farmer or a California program and we are going to change ticular. cotton farmer, your direct payments your farm bill in midstream instead of Farmers in my State are suffering are going to be cut in half in the mid- letting it run through 2006 and 2007 and from the consequences of Hurricanes dle of the stream, even though you renegotiate the farm bill in 2007 as we Katrina and Rita. Add to that the have made commitments out there are required to do right now. record-high energy prices, and you which you are going to have to honor. I have strong objections to this have a recipe for total disaster. This You signed notes with your banker, amendment, not just because I think amendment would be a fatal blow to an with John Deere, AGCO or whoever it good agricultural policy is going to be already beleaguered sector of our might be, to purchase equipment. Your affected by this, because I as a Member State’s economy. This is not the time direct payments are going to be cut in of the Senate do not think it is fair to to make such a significant change in half. Let me tell you exactly how that look American farmers and ranchers in agriculture policy. works. Last year, there were $12.5 bil- the eye and say: Look, I know we made Incidentally, the World Trade Orga- lion in farm payments made. Guess a commitment to you, but sorry, ladies nization Doha Round in Hong Kong where 10 percent or $1.3 billion of those and gentlemen, we are going to change this December might result in the need farm payments went. It went to the the way we do business. We are not to restructure U.S. farm policy. But State of Iowa, to farmers in Iowa, be- going to honor the commitment we the appropriate time to consider pos- cause they had a tough year last year. made to you. sible changes resulting from inter- Because of the high yields of corn, the That is wrong. It is wrong for Amer- national trade agreements will be when price dropped significantly, and under ica, and it is certainly wrong for Amer- we debate the next farm bill, which the countercyclical programs, Iowa ican agriculture. will be 2 years from now. farmers got 10 percent of all payments. With that, I reserve the remainder of I urge Senators to oppose this Under the rationale Senator GRASS- my time. amendment. LEY has put up on this chart here, that The PRESIDING OFFICER. Who The PRESIDING OFFICER. Who this is unfair because 10 percent of the yields time? yields time? The Senator from Iowa. farmers get 72 percent of the pay- Mr. COCHRAN. Will the Senator Mr. GRASSLEY. Madam President, I ments—10 percent of the payments yield time to me? hope it is not wrong for me to say who went to one State. Do I think that is Mr. CHAMBLISS. I am happy to wants to speak. Senator HARKIN want- unfair? Absolutely not. Because that is yield as much time as he may consume ed 10 minutes, and Senator DORGAN the way the farm bill was designed. to Senator COCHRAN, the chairman of wanted me to save him 10 minutes. I When Iowa farmers have it tough, we the Appropriations Committee. urge they or anybody else who would have an obligation to extend a helping The PRESIDING OFFICER. The Sen- want time from me to come over. That hand to them. When folks in Georgia ator from Mississippi. is all the time I am going to use right have a tough time in agriculture, or in Mr. COCHRAN. Let me congratulate now. Arkansas or in Texas, we have an obli- the distinguished Senator from Georgia The PRESIDING OFFICER. Who gation to extend a helping hand. for his leadership in our committee as yields time? When times are good, yields are good the chairman of the Agriculture, Nutri- Mr. CHAMBLISS. Madam President, and prices are good, farm payments are tion, and Forestry Committee in bring- will you tell us what time is remaining very low. In fact, when the 2002 farm ing to the Senate a section of this recon each side, please? bill was passed, there was a lot of criti- onciliation bill that contains changes The PRESIDING OFFICER. The Sen- cism coming from the same newspaper in current law that will help achieve ator from Georgia has 22 minutes 19 editorials to which Senator GRASSLEY the goals of the Budget Act. I hope we seconds remaining. The Senator from just alluded. One of them is in my will not be sidetracked now by an Iowa has 24 minutes 23 seconds. State. I wear any negative editorial amendment that suggests that there is Mr. CHAMBLISS. Thank you. from the Atlanta Constitution as a a better way to do what we have al- The PRESIDING OFFICER. Who badge of honor because they are anti ready done. In fact, to approve the yields time? any major industry in our State, in- amendment offered by my good friend Mr. BUNNING. Madam President, I cluding the No. 1 industry, which is ag- from Iowa would reinvade and urge the rise today to express my support for riculture. Senate to reconsider a farm bill that the Deficit Reduction Act of 2005. In the 2002 farm bill, we established was passed 3 years ago. It has a life of This bill is an attempt to finally good policy for the countercyclical 5 years. It is the framework for deci- make a dent—even a small one—in the

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.048 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12179 mandatory spending that is threat- My answer to that is this: The percent rates have had on the macro- ening to engulf the Federal budget. growth package will not be about tax economy. With mandatory spending currently ‘‘cuts’’. It will be about stopping tax Dividends paid by companies in the accounting for over 50 percent of all increases. S&P 500 are up 59 percent since the tax Federal spending and projected to grow Let me say that again: The growth cut was implemented, and capital gains higher—it must be on the table when- package will not be cutting taxes; it tax revenue to the Federal Government ever we examine the budget and the will be stopping tax increases that will is set to exceed the CBO forecast by $16 deficit. affect American families. billion in fiscal year 2006. In addition to serving on the Budget Although my friends on the other But let’s talk about which taxpayers Committee, I also serve on three of the side of the aisle may not want to admit are benefiting from these 15 percent committees that passed language that it, there are large tax increases on the rates. is now part of the bill that we have be- horizon unless this Congress acts. In my State, 18 percent of taxpayers fore us. I am referring to the tax increases benefited from the reduced rate on div- I can tell you that in each of those our constituents will feel in their pock- idend income and 13 percent benefited committees, it took a lot of hard work etbooks and wallets if we fail to extend from the lower rate on capital gains in- and a lot of compromise to arrive at current tax law. come in 2003. the language in this bill. The so-called ‘‘tax cuts’’ the other Again, to look at some of our neigh- Difficult compromise means that side keeps refering to are really noth- boring States, in West Virginia 17 per- hardly anyone is 100 percent happy ing more than just keeping current tax cent of taxpayers reported dividend in- with the final product. law in place. come and 11 percent reported capital For instance, I am disappointed that There are over 40 provisions that gains income. the Finance Committee did not include American families and employers have In Ohio, 24 percent reported dividend restrictions on intergovernmental come to rely on that will expire at the income and 16 percent reported capital transfers in its package. end of this year if we do nothing. gains income. Intergovernmental transfers are fi- These are provisions in current law This is especially interesting when nancing schemes that some States use that are important to our constituents you consider that both Kentucky and to pull down more Federal Medicaid and to our economy. West Viriginia have median incomes dollars than they are entitled to. Let’s take a look at the items that below the national average. For example, some States overpay the Finance Committee, which I serve And yet a large number of our tax- local government health care pro- on, will likely examine soon. payers report receiving capital gains viders, and then require the providers First, there is the alternative min- and dividend income. to return the excess funds to the State. imum tax hold-harmless provision. And this does not even count the The Finance Committee missed an That one alone will cost about $30 bil- workers and retirees who hold these as- important opportunity to curtail these lion to extend for just 1 year. sets inside their 401(k)s and other tax- abuses, and I hope we can rectify this Madam President, 80,000 Kentuckians deferred saving vehicles. as the bill moves through Congress. face a tax increase if that provision is The fact is, dividends are important There are, however, parts of this bill not extended. And, looking at our to millions of families. that I think are of staggering impor- neighbors, 235,000 Ohioans and 30,000 According to 2002 irs data, nearly tance to this country. In particular, I worked with Senator West Virginians will also face tax in- two-thirds of the taxpayers reporting creases if it is allowed to expire. dividend income had adjusted gross in- DOMENICI and others in the Energy Committee to see that ANWR language The R&D tax credit will expire at the comes below $75,000. was included in this reconciliation bill. end of this year unless we act. And the average dividend received by As prices continue to rise at the gas This is an important provision of the those with A.G.I.’s below $75,000 was pump, and a barrel of oil continues to Tax Code that spurs innovation and over $1,700. be high, America needs to increase its new technologies and one that I and As we all know, these dividends are domestic supply of energy and reduce many others here support. very important to the elderly. our reliance on foreign oil. In fact, the bill introduced in the Many of our retired folks rely on Several months ago, I traveled to Senate in the last Congress to make dividends to supplement their fixed in- ANWR and saw firsthand how energy this provision permanent had 40 co- comes from pensions and Social Secu- companies will develop it into a viable sponsors, including 22 Senate Demo- rity. energy source. crats. While it is true that these lower After visiting sites in Alaska, there A lot of other important provisions rates don’t sunset until the end of 2008, is no doubt in my mind that we can de- will also expire if we do not act: it is important that we send a message velop ANWR in a safe and effective The deduction of tuition expenses— to the economy by extending these manner. affects 36,000 Kentuckians; rates this year. Once developed, ANWR will provide The low-income savers credit—af- Investors and financial markets will the United States with nearly 1 million fects 94,000 Kentuckians; grow increasingly uncertain about the barrels of oil a day or 4.5 percent of to- The tax deduction for teachers for future tax treatment of dividends and day’s consumption for the next 30 their classroom expenses—affects 38,000 capital gains as 2008 gets closer, if we years. Kentucky teachers; have not done our job by making these This nearly matches the oil that we And the low-income savers credit provisions permanent. import from Saudi Arabia each and which, in 2003, affected 94,000 low-in- We just cannot risk adding unwanted every day. come Kentucky taxpayers. volatility into the markets and the I also want to address the fact that These are Kentuckians who do not economy—which continues to grow. much of the debate here on the senate deserve a tax increase. And I am going So, again, let me be clear—the pro- floor yesterday, and last week in the to do all within my power to make sure posals that we are talking about ex- Budget Committee, was not about this that they do not get one. tending in the growth package that we bill that we have before us today. But again, our friends on the other will likely see soon are not new tax The ranking member of the Budget side of the aisle will say that I am just proposals—this is simply current law. Committee wants to talk about a bill telling half the story. If we do not extend these provisions that we will likely mark up in the Fi- What about the dividends and capital we will cause a substantial increase in nance Committee next week—the gains 15 percent rate extension, they the tax bills of American families and growth package. will ask. businesses. The ranking member and his col- After all, they argue, you Repub- In closing, I wanted to say a word to leagues are constantly talking about licans want to extend that and that those who are complaining about the how we can’t afford the ‘‘tax cuts’’ that only helps the rich. ‘‘cuts’’ in spending contained in this the growth package is expected con- Well, first of all, it is really hard to deficit reduction package on the floor tain. dispute the positive impact that the 15 today.

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.056 S02NOPT1 S12180 CONGRESSIONAL RECORD — SENATE November 2, 2005 The facts show that spending has I rise today in opposition to the un- amounts of capital investment they grown rapidly in the last few decades. derlying amendment regarding further have to invest in those five crop years, In just 3 years, from 2001 to 2004, payment restrictions on the farm safe- knowing that some will be better than total Government spending increased ty net. others but that they can figure out by 23 percent—an increase of over $400 This issue of payment limitation is there will be some consistency in the billion in just 3 years. not a new topic of debate. Unfortu- agreement they have made with their Despite what we might hear today, nately, it remains a largely misunder- government on the program that will we have greatly increased spending in a stood issue for many—both inside and allow them to be competitive in a glob- number of areas—including education outside the beltway. al marketplace. and veteran’s health care, in addition As a member of the Senate Agri- I am here to urge my colleagues in to homeland security. culture Committee, I suppose I take for this Chamber that today is neither the Let’s keep that in mind as com- granted that not everyone pays close time nor the place to break that con- plaints are being made about the bill attention to farm policy that we set. tract and agreement that we have before us today. But they certainly pay attention to the made with our farmers. I urge my colleagues to pass this bill fact that the grocery store shelves in This budget reconciliation process and I look forward to further debate. this great country are always full and should not be used to make a policy Mr. GRASSLEY. I yield myself a that they get the safest and most abun- change of this magnitude. The under- minute and a half. dant and affordable food supply in the lying amendment will effectively do Madam President, this amendment world. They pay less per capita than exactly that for the producers in my and this discussion both are not about any other developed nation on the State of Arkansas and many States the cost of production of agricultural globe for this incredible food source. across this Nation. commodities. This amendment and this Our producers do it with all of the But my colleagues don’t have to take discussion are about payment limits many things that Americans want to my word for it on this matter. and the need to prevent public funds be taken into consideration, whether it A bipartisan commission established from being used by the biggest pro- be the environment or the economics, as a part of the farm bill to conduct a ducers to become even larger by bid- and they take into consideration the study on the potential impact of fur- ding up cash trends and capitalizing regulations. Our farmers, our producers ther payment limitations raised the their extra profits from production in this great land, are the most produc- same cautionary note. This 10-person into land values. tive, the most efficient of any across commission was comprised of 3 mem- There is public interest in this being this globe. bers appointed by the Secretary of Ag- the result of Federal farm programs, I have to say, as a farmer’s daughter, riculture, 3 members appointed by the and all except the very largest farmers that I take pride in telling others Senate Agriculture Committee, 3 ap- know that and support this effort. about the farmers I represent and what pointed by the House Agriculture Com- Focusing on costs of production is to- American farmers provide this Nation mittee, and finally the chief economist tally meaningless, unless one also in- and the entire globe. of the Department of Agriculture. cludes the revenue from production. Today, I come to the floor of the Sen- These facts alone should be enough Every crop has a different set of ate to attempt to provide some clarity for each of the Members of this body to numbers on cost and a different set of to this issue that has been misunder- take their recommendation seriously. numbers on revenue produced. Those stood. I have taken the time to become fa- numbers vary from crop to crop, and, Above all else, our farm policy seeks miliar with their backgrounds and with to a degree, vary from region to region to do one thing for producers of com- their report, a report that was nearly 2 and year to year. modities: That is to provide a strong years in the making—not something The farm program support levels level of support to producers against that popped up overnight but some- have never been set on the basis of cost low prices brought on by factors com- thing that was thoughtfully done to of production or on profitability, tak- pletely beyond their control, including recognize how important a safe, abun- ing revenue into consideration. Sup- foreign subsidies—some that are five dant, and affordable food supply is to port levels have been set by the Con- and six times higher than the help that this Nation. gress, not by some index based on cost we provide our farmers in this country. As a member of the Senate Agri- of production. Think about that. I wish I had Sen- culture Committee and someone who Moreover, this is not about ineffi- ator CONRAD’s charts that always show has intimate knowledge of the farm op- ciency, as some have argued for years. the disproportionate share of subsidies erations in my State, I was pleased to The largest producers, with extra prof- of the EU, in particular, but other discover the commission’s top two rec- it from their size or scale, from dis- countries which provide their pro- ommendations support my position counts received in input, and from pre- ducers to remain competitive in a glob- that no change should be made in the miums received for volume production al marketplace. farm safety net until the current law are not passed along to consumers. As I have traveled my State since we expires. Those extra profits are used to bid land enacted the 2002 farm bill, I can tell First, it specifically states that any away from midsize and smaller opera- you that Arkansas farmers view our substantial changes should take place tors. agriculture policy as a contract, an with the reauthorization of the next Keep in mind that these programs agreement, that they have made be- farm bill. are not entitlement programs. The pur- tween themselves, their lenders, and Some of you may be asking your- pose is to stabilize the sector and pro- their government. They should. They selves, What is substantial? vide an income supplement when com- should be able to look their govern- In strictly monetary terms, I can tell modity prices are low. ment in the eye when an agreement you that conservative estimates say I yield the floor. such as the 2002 farm bill is made and that further payment limitations The PRESIDING OFFICER. Who say, We have a deal. We understand would cost my State alone almost $80 yields time? that in the next 5 years we are going to million a year. The overall economic Mr. CHAMBLISS. I am pleased to work as hard as we possibly can with impact to our State of Arkansas is es- yield such time as she may consume to all of the variables that we get, wheth- timated at nearly $500 million annu- my good friend from Arkansas, Senator er it is weather that we have no con- ally, a price far too high to pay when LINCOLN. trol over or trade that we have no con- our farmers are looking at unbeliev- The PRESIDING OFFICER. The Sen- trol over, whether it is multiple, dif- ably high gas prices, unbelievably high ator from Arkansas. ferent variables that they have no con- costs in terms of fertilizer and applica- Mrs. LINCOLN. Thank you, Madam trol over. But they know that their tion that has to be made, not to men- President. I thank the chairman of the government has made an agreement tion the trade implications that exist Agriculture Committee for offering with them and that their government out there for our producers. leadership on this issue and certainly will stand by that agreement as they The commission’s second rec- his friendship. make their plans for the enormous ommendation was, if changes are to be

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.057 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12181 made, there should be an adequate This amendment continues to un- I hope that my colleagues will take phase-in period. fairly discriminate on a regional basis into consideration that this is not the Not only does this team of experts, because it does not differentiate be- time nor the place to deal with this appointed by our Government’s leaders tween crops that are extremely cost-in- issue. We made a contract with our in agriculture, urge that no changes be tensive and those that are not cost-in- grocers, our farmers, and our pro- made to our current farm safety net tensive in the South where we grow ducers. And we want to make sure that until the appropriate time, but they what we are suited to grow. That is as a government we make good on that also urged that, should that day come, what farmers do. You would be a fool contract, and if, in fact, the time our farmers need to be given an ade- not to. To try to grow a crop that you comes when we review it, we do it at quate period of time to avoid unneces- are not equipped to grow or intended to the appropriate time. sary disruption in their production, grow would be unbelievable. I yield my time to Senator marketing, and business organization. What do we grow? We grow cotton CHAMBLISS. This is not something that happens and rice, which are highly capital-in- The PRESIDING OFFICER. Who once a month. Planning a crop, not tensive crops. They require dispropor- yields time? only for that year but the under- tionately more capital input per acre Mr. GRASSLEY. Madam President, I standing of the implication of the crop than any other crop. yield 2 minutes to the Senator from you plant this year on future crops you What happened? You have to grow on North Dakota and 15 minutes to the may plant, taking care of your land in an economy of scale, have a farm of an other Senator from North Dakota. a way that will make sure that land is economy of scale so you can afford The PRESIDING OFFICER. The Sen- sustainable for future generations, is those capital inputs and still be com- ator from North Dakota. not a 1-month-at-a-time operation. petitive in a global marketplace. Mr. CHAMBLISS. Madam President, In short, the commission acknowl- This amendment would lump cotton before the Senator from North Dakota edges the complexity of this issue and and rice with the same category of moves forward, I want to make sure recommends to each of us that we wait crops that require half as much input that we are going back and forth. Does to proceed at the appropriate time and cost. It absolutely does not take into the other Senator from Arkansas need then only proceed with caution. consideration the great diversity of time? This amendment takes the exact op- this Nation, which is our real strength. The PRESIDING OFFICER. The Sen- posite approach and will send shock That is something we should recognize. ator from North Dakota. waves through farm country, particu- Finally, on the issue of size, farmers Mr. CONRAD. Madam President, I larly in the South. In fact, the mere of commodities are not getting larger thank my colleague from Iowa for this discussion of such a dramatic change to receive more payments. They get time. creates an abnormal level of anxiety in larger in an attempt to create an econ- Let me indicate that there are really my home State. omy of scale to remain competitive three abuses which are occurring in the One of the fatal flaws of the previous internationally. current system. farm law was its lack of an adequate At a time when we are telling our No. 1, there is no effective limit on safety net in the face of foreign sub- farmers to compete in a global market, the marketing loan benefit. Current sidies and tariffs that dwarf our sup- we now debate an amendment that law does not limit gains received port of U.S. producers. would discourage farmers from acquir- through commodity marketing loan Again, Senator CONRAD’s chart says ing the economies of scale that they forfeitures or commodity certification it better than anybody. will need to compete in that global transactions. The fact is there is no That level of subsidy that other na- marketplace. limit on marketing loan benefits. That tions provide their producers, their Certainly, my colleague from Iowa, was never the intention. growers, is phenomenal compared to who chairs the Finance Committee and No. 2, payments are not attributed to what we do for ourselves. The new farm has jurisdiction over international the individual who receives the bene- law corrected that mistake. trade, can appreciate that. He has fits. Producers may create multiple en- The amendment now before us would talked about it many times. tities, such as corporations, to increase limit that very support at a time when This amendment affects the corner- the total amount of payments received. producers need the help the most, cre- stone of support for our Nation’s farm- In the last farm bill debate in the ating a new and gaping hole in the ers because it prevents the marketing conference committee—and I was one safety net. loan from working correctly. of the negotiators on the conference Furthermore, during hearings on the These limitations would lead to loan committee—I took to my colleagues an new farm bill, virtually every com- forfeitures and huge Government in- example from a State that will remain modity and general farm organization ventories of commodities if steps are unnamed that involved 49 different en- testified in opposition to further pay- not taken to ensure that producers can tities that represented only 5 people. ment limitations. market their commodities. This was an incredible shell game to Here we are today, once again, debat- If you limit the amount of support avoid and evade any kind of reasonable ing this issue of payment limitations. farmers may receive, you are placing payment limits. This is the kind of Proponents of tighter limits continue on them a substantial domestic dis- abuse that will be shut down by the to sensationalize this issue by citing advantage before sending them out to Grassley-Dorgan amendment. misleading articles about large farm compete in an international market No. 3, the definition of ‘‘actively en- operations receiving very large pay- that is already unfair for our pro- gaged’’ has been weakened. A cottage ments as a reason to target support for ducers. industry of lawyers and accountants smaller farmers. But, unfortunately, This is not the case in Europe, where has developed to create shell organiza- sensationalized stories only serve to agriculture is subsidized at a level six tions to allow nonfarmers to qualify cloud their misunderstood issue even times higher than we have here in the for farm program payments because further. United States and in the case of Japan, they have a minimal interest in a Senators truly need to understand where agriculture is subsidized at a farming operation. In some cases, par- that this amendment has very serious whopping 92 times more than we do in ticipation in a farm management con- implications. the United States. ference call once a year now qualifies Let me attempt to provide some clar- Finally, I say to those who believe them as ‘‘engaged.’’ ity on the issue of farms. that farmers are getting rich at the ex- The PRESIDING OFFICER. The Sen- First, payment limitations have dis- pense of the taxpayers, there is a rea- ator has used 2 minutes. proportionate effects on different re- son why our sons and daughters are not Mr. CONRAD. These are the three gions in this country. Simply put, the rushing back to the farm and their critical points I hope my colleagues size of farm operations is relative to re- family heritage. It is because farming will focus on. gions, but even more simply, what a is a very tough business, with lots of The PRESIDING OFFICER. The Sen- small farm is in Arkansas may be a challenges. ator from North Dakota. huge farm in another State, which In the South, we face many of those, Mr. DORGAN. Madam President, leads me to my next point. as farmers all across this Nation do. some things in the Senate are heavy

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.060 S02NOPT1 S12182 CONGRESSIONAL RECORD — SENATE November 2, 2005 lifting and tough to deal with. This is lights around this country with fami- having to do with corporate the easiest decision ever to be offered lies living on the farm producing agrifactories. Is that what we want the to this Senate. The question is, for America’s food. That is the purpose of program to be? what purpose do we offer a farm pro- a safety net. The choice Senator GRASSLEY and I gram in this country? The answer is, Now, I described some of the offer is a simple choice. The committee because family farmers cannot make it megafarms, the corporate agrifactories brings to the Senate a proposition that over the valleys of despair. With pre- getting millions of dollars. The Grass- says let’s cut farm program payments cipitous drops in international prices, ley-Dorgan amendment says, let’s put for every farmer. Let’s cut farm pro- devastating weather disasters, we will some limits on it. We asked the USDA, gram price payments for every farmer. not have family farmers left unless we who gets the farm program payments? We say there is a better way. How have a basic bridge across the valleys. Do we have some evidence about how about rather than pull the rug out from That is the purpose of the farm pro- much goes to the big interests? It is in- other family farmers, we decide to do gram. Instead of a bridge across valleys teresting, the USDA does not know to what we should have done long ago, to help family farmers populate the whom it is making the farm program and that is, shut off the spigot on the prairies of this country, the farm pro- payments. It does not know. In our money that is going to the big cor- gram has become a set of golden arches piece of legislation, we require it to porate agrifactories that have nothing for the biggest and the wealthiest know. When they are shoveling mil- at all to do with families. I am not sug- farms in the country. lions out the door at USDA, they gesting they are unworthy, the cor- Senator GRASSLEY and I proposed should figure out where they are send- porate agrifactories. I am not sug- something that is kind of novel here. ing them. gesting that at all. I am saying if they We proposed that the farm program be I was thinking about the payments want to farm the whole county, half a redirected to help family farms. What that are made to farmers in the coun- State, or they want to get bigger and we say is this: At a time when we are try. We care about family operations. bigger and bigger and decide to sepa- going to cut price supports and cut the That is the whole purpose of this. By rate into 49 or 69 or 89 entities in order safety net for family farmers, we say the way, if the purpose is not to sup- to farm the farm program, God bless maybe the better approach would be to port family farming, we ought not have them. I just don’t think there is a re- restore those cuts and get the money a farm program. We ought to get rid of quirement that the American taxpayer by shutting down the millions of dol- it if it is not the purpose. I believe it is or the Federal Government has to lars in checks going to the corporate the purpose and should be the purpose. bankroll them. I don’t think that is agrifactories in our country. Is that a Remember that movie, ‘‘Weekend at our requirement. novel solution? No. It is what the farm Bernies,’’ while they haul around a The urge and the urgency for Con- program was supposed to have been. dead guy for the whole weekend? They gress should be to want this country to Let me describe what we have in this put him in the car, by a swimming pool maintain a network of family farms for country. This is from a story in the with sunglasses on, and hauled around the people who risk everything. We are Washington Post a couple years ago. a dead guy. The movies don’t have any- not trying to define exactly what a A prominent and well-respected business- thing on the USDA. The USDA sees family farmer is. Some are quite large. man who lives in a million-dollar home, sits dead people on farm subsidy rolls. In But I know what it isn’t. Michelangelo on a local bank board and serves as a presi- fact, you have to be ‘‘actively en- was asked, how did he sculpt David? He dent of a tractor dealership with sales last gaged,’’ the law says, in farming. And said, I took a piece of marble and year of $30.8 million . . . yet they are making payments to dead chipped away everything that wasn’t He is also, by some definitions a people. How can you be ‘‘actively en- David. We can have a family farm and farmer—the principal landlord of a gaged’’ as a farmer if you are dead? But chip away that which it is not. 61,000-acre spread, $38 million from the the USDA does not know who it is That which it is not, which we are Federal Treasury in 5 years. sending money to so we could not ex- defining today in some respects, rep- Like other large operations this farm was pect them to answer this question: resents the enterprises that do not structured to get the most from government Why are 55 dead farmers receiving need the Federal Government’s help to programs. more than $400,000 each in farm pro- grow. They have already grown to the In other words, this was farming the gram payments? point where they are farming a sub- farm program. A novel idea, farming I understand my colleagues exerting stantial part of our counties around the farm program. Perhaps we ought to a lot of muscle trying to help live the country. stop people from farming the farm pro- farmers. Maybe at least we could agree This is a choice. We can decide to cut gram. on dead farmers not receiving nearly farm program payments for everybody Some of my colleagues say you have half a million each. and pull the rug out from under a lot of to be big in some parts of the country. Let’s back up for a moment. Let’s try families out there barely making it, That does not mean the taxpayer has to ask ourselves, why do we have a given energy costs and the price of to be shipping checks totaling $68 mil- farm program? Of what value is it to grain, or we can provide the kind of lion or $38 million to those operations. our country? My great-grandmother program payments over tough times Want to farm the whole country? God actually ran a farm. She lost her hus- that we told family farmers we would bless you. You have every right in this band, an immigrant from Norway, took provide and get the money to do that country to do so and we sure hope you a train to Eagle Butte Township, and by limiting the payments that go to are successful. But I don’t see that the with six kids, pitched a tent, worked a people who are getting $38 million in taxpayer ought to be the one who farm, had a son who had a daughter the case of the first enterprise I talked bankrolls the financing operation if who had me, which is how I came to about. That is sensible. you want to farm the entire county. southwestern North Dakota. It was a The question is very simple: What do That is all this is about. family farm. Think of the courage to you think the purpose of the farm pro- My colleague Senator GRASSLEY and run this family operation. gram is? Whose side are you on? Who I offer this not to penalize any part of Over time, this country said we will are you trying to help? the country. It is to refocus the farm not have them left on the prairie if we I suppose my discussion about dead program to where it ought to be, to do not provide some basic support over farmers was tongue-in-cheek, but it help family farmers through tough tough times, a bridge over price val- raises an important question. If we had times. leys. So we did. It is called price sup- 55 farmers who are dead who receive I mentioned that millions of dollars ports, to try and help family farmers. $400,000-plus, each of them, nearly half go to corporate megafarms. I also Boy, has that grown. This little price a million each, it raises a pretty impor- pointed out this is not what I came to support program trying to help family tant question about the golden arches the Congress to fight for. I want good farmers through tough times has that exist here for some of the biggest support prices to go to family farms to grown to become a huge boon to some enterprises out there in rural America. help them through tough times so that of the biggest operators in the country, This is not difficult. I understand, in the long run we still have yard having nothing to do with families, and I don’t denigrate my colleagues

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.062 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12183 who are forced to support the biggest many things, but I disagree with him hate to see is us be dependent on for- corporate farms and to support the way on this amendment. eigners for our food supply. Right now, things are. I understand that. Everyone The 2000 farm bill is a contract, unfortunately, we are dependent on en- has a constituent interest here. But something the Congress entered into, ergy. I think that is a matter of na- our interest, the interest of Senator and I think it is a terrible mistake to tional security. If we ever become de- GRASSLEY and myself, is not to try to change the terms of that contract in pendent on foreign countries for our injure anybody or injure any part of midstream. food, that would be a matter of na- the country. Our interest is to say this In fact, the USDA had a bipartisan tional security. country should aspire to say to family payment limit commission. They Our trade deficit is at an all-time farmers, You matter in America; we looked at it. They concluded the same high. We are witnessing—this set of want you to be able to make it through thing: Don’t change the rules in the Senators—our manufacturing base in tough times. That is why we have a middle of the game. I do not think any this country evaporating before our farm program. business, much less our family farmers, very eyes. Do we want to do this to our When the choice is, do we pull the can have any kind of business plan farm economy? I say no. I say we need rug out from under you with the cuts when the rules change and the rules be- to understand we get a big return on coming from the proposal today, or is come very unpredictable. the investment we make in our agri- there a better way by which we can I thank my colleague Senator culture programs. In fact, all the pro- limit payments to the largest cor- CHAMBLISS of Georgia, the chairman of grams combined—everything total—is porate farms and use that money to re- the Agriculture Committee. He has less than one-half of 1 percent of the store the kind of help we have always done an outstanding job of trying to be Federal budget. said we wanted to provide family farm- fair when we look at this issue to make One of the great strengths America ers, isn’t that a smart thing to do? sure not one crop or one section of the has is we are able to feed ourselves and, Isn’t that the right thing to do? Isn’t country is being singled out to carry a if we are given the opportunity, to feed that what public policy was designed to disproportionate amount of the pain. the world. I urge my colleagues to oppose this do, to help America’s family farmers? Recently, the WTO made a decision Take a poll, any time, any place in in a cotton case involving Brazil, so amendment. The PRESIDING OFFICER. Who America, and ask the question about our cotton farmers have lost an important program known as Cotton Step II. yields time? whether they value family farmers. The Senator from Georgia. They do. Farmers and ranchers who We are going to add to the burden of Mr. CHAMBLISS. Mr. President, I live on the land risk everything. Every our cotton farmers, and add to the bur- yield 3 minutes to my colleague from den of our peanut producers and our spring all they have is hope, the hope Georgia, Senator ISAKSON. that maybe they will get a crop. Maybe rice farmers. The biggest concern I The PRESIDING OFFICER. The Sen- it won’t hail. Maybe it won’t rain too have other than that, in addition to ator from Georgia. much. Maybe it won’t rain too little. the concept of this, is the idea of tim- Mr. ISAKSON. Mr. President, I thank Maybe somehow they get a crop, after ing. It could not be worse. When you the distinguished senior Senator from they put all the money in, in the look at the Southern States—Lou- Georgia, my dear friend. I appreciate spring. And when they harvest it, the isiana, Arkansas, Mississippi, Alabama, his guidance and I associate myself hope they get a price and maybe they Texas, Florida—we are reeling from with his remarks. The distinguished will make a living. That is all they hurricanes right now, all over that sec- Senator from North Dakota made an have, is hope. tion of the country. In fact, the Univer- admittedly tongue-in-cheek analogy That is why this Congress has in the sity of Arkansas Extension Service has about 55 dead farmers. To change this past said, let’s try to make sure they estimated there is $900 million worth of program in midstream could put a lot have some capability with a safety net hurricane-related crop damage in our of family farmers in the South on life to make it across these price valleys State alone—$900 million worth. support, and that is not tongue-in- and these tough times. That is what Then we look at our farmers. They cheek. It would not only cripple the ag- Senator GRASSLEY and I are trying to are paying record energy prices. They riculture economy of communities preserve. Every year people try to chip have these meritless WTO challenges. across the Nation, but it would have a away more and more and more. We are They have had storm damage. They most devastating effect on farmers in trying to preserve that hope, trying to have had the worst drought in my my State and in the Southeast. preserve a way of life, something we State that we have had in 50 years. I Make no mistake, adoption of this think is important to the future of this think it is a terrible time for us to be amendment would result in many tra- country. adding to their burden. ditional family farms going out of busi- We can have corporations farm from Of course, there are also many myths ness—plain and simple. California to New York, I suppose, big that have been perpetrated by people We had this debate in 2002, when we agrifactories. But what are the con- who do not like some of these farm pro- passed a carefully crafted farm bill. We sequences of that? We lose something grams. One of these groups—I don’t debated farm payment limits exten- very important in this country when know exactly anything about this sively at that time, and it is absolutely we lose America’s family farm pro- group—but the Environmental Work- wrong to seek to change those rules in ducers and family ranchers. ing Group says there is a farmer in my midstream. That debate takes place in How much time did I consume? State, some guy named Riceland, who 2007, when the bill is up for reauthor- The PRESIDING OFFICER (Mr. is taking boatloads of Federal dollars ization. THUNE). The Senator has consumed 11 and subsidies. Our farmers have made business deci- minutes. Who is Riceland? Riceland is not one sions based on that farm bill. They Mr. DORGAN. I reserve the final 4 farmer. There is not one guy down have had significant investments based minutes of my presentation. there named Riceland. Riceland is a on that farm bill. We cannot pull the The PRESIDING OFFICER. Who farm-owned cooperative. There are rug out from under them in midstream. yields time? 9,000 family farmers who are members This amendment punishes the farmer Mr. CHAMBLISS. I yield to the Sen- of this one cooperative. So, sure, if you whose livelihood depends solely on the ator from Arkansas 4 minutes. bundle all 9,000 up and look, that is a farm. In my part of the country, a The PRESIDING OFFICER. The Sen- lot of money. But when you look at all farmer must have a substantial operator from Arkansas. these 9,000 separate, independently ation to make ends meet. Why would Mr. PRYOR. Thank you, Mr. Presi- owned farming operations, you get to we seek to punish family farmers at a dent. I ask that you tell me when my 4 see a more accurate picture. time when they have made large in- minutes is up, if that is at all possible. So let’s stick with the facts. The vestments in order to become competi- Mr. President, I rise today in opposi- facts are this country has the most sta- tive in an international marketplace? tion to the Grassley amendment. It is ble, the most abundant, the safest, the Now is not that time. hard for me to do that in the sense that most affordable food and fiber of any Mr. President, on behalf of farmers in I agree with Chairman GRASSLEY on so country in the world. One thing I would my State of Georgia and across the

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.063 S02NOPT1 S12184 CONGRESSIONAL RECORD — SENATE November 2, 2005 Southeast, I urge my colleagues to op- for taking away substantial funding 2002 farm bill, by a vote of 66 to 31. This pose the Grassley amendment. that had previously been dedicated to amendment was adopted in the farm I yield back. agriculture and nutrition assistance. bill. Of course, it was rejected in con- The PRESIDING OFFICER. Who Accordingly, the congressional budget ference, because of strong opposition yields time? resolution requires cutting $3 billion from the House don’t you know, but we Mr. GRASSLEY. Mr. President, I out of programs in the jurisdiction of adopted it here. The Grassley-Dorgan yield 2 minutes to the Senator from the Committee on Agriculture, Nutri- amendment tracks the proposal in the North Dakota. tion and Forestry over the next 5 President’s budget. The PRESIDING OFFICER. The Sen- years. These cuts could come from Again, this amendment Senator ator from North Dakota. farm income assistance, conservation, GRASSLEY and Senator DORGAN have of- Mr. DORGAN. Mr. President, how Federal nutrition assistance, or several fered is not onerous. It provides for a much time is remaining for the entire other mandatory programs. basic overall payment limit on all ben- debate? Fortunately—and I commend the efits of $125,000 an individual. If you The PRESIDING OFFICER. Seven chairman of our committee, Senator have a spouse, that could be $250,000 for minutes 35 seconds on your side, and 2 CHAMBLISS, for this—his mark did not the couple. That is a pretty generous minutes 18 seconds on the other side. cut Federal nutrition assistance, and amount of money from the Federal Mr. DORGAN. Mr. President, I want neither does the committee-reported Government to support a farming oper- to correct, I think, an impression that measure, although such cuts are probation in anybody’s book. So this is a was made. I do not think it was inten- ably almost certain after we go to con- modest proposal. tional, but the impression was that the ference with the House. The other thing this amendment does Grassley-Dorgan amendment would Along with many of my colleagues, I is it cuts through all the confusion and prohibit the largest corporate farms opposed the cuts to agriculture from murkiness about the ‘‘three-entity from getting payments. We do not do the time President Bush proposed them rule.’’ This amendment would track that. They are limited in the payments because I do not think they are justi- payments through to the actual indi- they would receive. We do put a limit fied. Three years ago we crafted a new, viduals who receive the benefits, and on it. We do not prohibit them. They bipartisan farm bill, which the Presi- then apply the payment limitations di- will still get payments right up to the dent praised and signed into law. We rectly and straightforwardly. Now we top limit. But that is all. were given a budget allocation to deal will know exactly who is getting what. To further make my point, in one with it. We stayed within it. The farm This amendment will establish a case, a Mississippi cotton farmer set up bill has in general been working as in- stronger requirement of active per- a web of 78 corporations and partner- tended. In fact, in for fiscal 2002 sonal management of a farm or ranch ships that collected $11 million in sub- through 2005, since the bill was signed, before an individual is eligible to re- sidies. The name of one of his compa- our Federal commodity programs are ceive farm program payments. The reasonable payment limitations nies was Get Rich Farms. estimated to have saved the taxpayers in the Grassley-Dorgan amendment are The farm program is not about get- of this country $14 billion compared to a better, fairer way to obtain the budg- ting rich for anybody. The farm pro- the cost estimates right after the bill et savings. Those savings are then ap- gram is to try to provide some protec- was enacted. We have spent $14 billion plied in this amendment to mitigate tion and some help for family farmers, less in those 4 years than we were enti- the most damaging aspects of the who are left to the vagaries of a mar- tled to spend in the farm bill. measure reported by the committee ketplace that whipsaws up and down So now we have the budget reconcili- and which is in the bill before us. ation bill before us. I don’t believe with weather, natural disasters. This is The Grassley-Dorgan amendment there is any justification for cutting not about getting rich. It is about get- delays for 1 year the 2.5 percent across- ting through tough times. That is what any funds out of agriculture, but the the-board reduction in commodity pro- Senator GRASSLEY and I wish to do. fact is, the budget resolution requires gram payments and benefits which ap- Now, Mr. President, my colleague it. Congress is going to cut funds. The plies to all recipients. from Iowa has arrived. I know he wish- question is, how are we going to do it? One other thing this amendment does es some time. We have very little time How are we going to do it? Well, I am is it lets us go back and lessen the cuts left, but I will truncate my remarks so supporting the Grassley-Dorgan to the farm bill’s conservation title. the remaining time will be available to amendment because it contains a much What it does is it restores conservation Senator HARKIN, who is also a cospon- more equitable and sound way to funds that the bill before us would take sor of this legislation. achieve the $3 billion in cuts over the out of the Conservation Reserve Pro- Mr. President, how much time re- next 5 years. gram. It gets us back up to 38.45 mil- mains on our side? Basically, the amendment says there lion acres, close to the farm bill’s 39.2 The PRESIDING OFFICER. Six min- will be a more reasonable set of limits million acres. So this amendment sup- utes. on the amount of Federal farm pro- ports conservation. Mr. DORGAN. Mr. President, let me gram payments that any one individual It also puts money back into the provide the 6 minutes that is available is able to draw from the Federal Treas- Conservation Security Program, which to Senator HARKIN. ury. By obtaining the savings in this was cut by some 30 percent in the I say to Senator HARKIN, there are 6 way, the burden of budget cuts on the measure reported by the committee. minutes available on this debate. I will vast majority of America’s farmers and That is on top of cuts already imposed yield my time at this point in order to ranchers will be lessened. on the Conservation Security Program make that available. Now, my colleagues—Senator GRASS- in previous legislation. I yield the floor. LEY, Senator DORGAN, and others—have So again, the Grassley-Dorgan The PRESIDING OFFICER. The Sen- described very well how farm com- amendment is fairer—more fair—than ator from Iowa is recognized. modity program payments are heavily the bill before us. It is straightforward, Mr. HARKIN. Mr. President, I want concentrated on a relatively small per- and it responds to the real needs we to be clear about how much time I centage of Americans who control our have in rural America today. I com- have. Nation’s largest farm operations. They mend Senator GRASSLEY and Senator The PRESIDING OFFICER. The Sen- have described how these operations DORGAN for their amendment. ator from Iowa has 5 minutes 39 sec- can be reorganized, manipulated, using The PRESIDING OFFICER. The Sen- onds. various partnerships, corporations, and ator’s time has expired. Mr. HARKIN. Mr. President, I wel- entities, to skirt the payment limita- The Senator from Georgia. come this opportunity to cosponsor tions that are supposedly in the law Mr. CHAMBLISS. Mr. President, let this amendment offered by Senator now. me wind up with a couple of responses GRASSLEY and Senator DORGAN. Again, let me remind my colleagues, to some of the comments that have Again, let’s be clear why we are here the Grassley-Dorgan amendment we been made. debating this amendment. It is because have before us is basically what the First, Senator DORGAN got up and the President’s budget proposal called Senate adopted in the debate on the said we had one farm that had gotten

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.068 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12185 $37 million over 5 years. That is prepos- gested that somehow what has been only for purposes of titles XIX and XXI of terous. It is wrong. It is simply incor- presented on the floor of the Senate the Social Security Act (including for pur- rect. The Senator from Arkansas made about the size of the corporate poses of making disproportionate share hos- it very plain there is one cooperative agrifactories sucking money out of this pital payments described in section 1923 of such Act (42 U.S.C. 1396r–4) and payments that has 9,000 members, called farm program is inaccurate. I stand by under such titles that are based on the en- Riceland. The entity which Senator my statement and say there is plenty hanced FMAP described in section 2105(b) of DORGAN was talking about was not an of evidence. I will put even more in the such Act (42 U.S.C. 1397ee(b))) and shall not individual farmer. There is no provi- RECORD about the size of these enter- apply with respect to payments under title sion in the current law that would prises that are sucking massive IV of such Act (42 U.S.C. 601 et seq.). allow such payments to be made. That amounts of money out of the farm pro- (c) DEFINITIONS.—In this section: is simply wrong. gram at a time when family farmers (1) FMAP.—The term ‘‘FMAP’’ means the Secondly, there was a statement Federal medical assistance percentage, as are seeing their farm program pay- defined in section 1905(b) of the Social Secu- made that 55 dead farmers received ments cut. That is the purpose of our rity Act (42 U.S.C. 1396d(b)). payments. Let me tell you what hap- amendment. (2) STATE.—The term ‘‘State’’ has the pened so the American people under- I don’t wish to extend this any great meaning given such term for purposes of stand. A farmer goes into the Farm length. I only respond because the Sen- title XIX of the Social Security Act (42 Service Agency at the beginning of the ator used my name. I will be happy to U.S.C. 1396 et seq.). year, and he fills out a form. put in the RECORD the specific and (d) REPEAL.—Effective as of October 1, 2006, That form says how much he is going exact representations about the size of this section is repealed and shall not apply to any fiscal year after fiscal year 2006. to plant of each specific crop. They family farmers, the largest corporate SEC. 6038. EXTENSION OF PRESCRIPTION DRUG then know what payments they qualify agrifactories taking massive amounts REBATES TO ENROLLEES IN MED- for. Those checks are sent out during of money out of the program trough. I ICAID MANAGED CARE ORGANIZA- different times of the year and even want family farmers to be available to TIONS. into the next year after the farm sea- have access to that farm program pay- (a) IN GENERAL.—Section 1927(j)(1) (42 son is over. It is unfortunate that 55 U.S.C. 1396r–8(j)(1)) is amended by striking ment that they need in order to sur- ‘‘dispensed’’ and all that follows through the farmers died during that year before vive. That is the purpose of the amend- period and inserting ‘‘are not subject to the they got their checks. I am sorry about ment. requirements of this section if such drugs that. But those farmers were family I thank the Senator from New Mex- are— farmers. Their families deserve that in- ico for allowing me to respond. ‘‘(A) dispensed by health maintenance or- come because that family member was AMENDMENT NO. 2365 ganizations that contract under section actively engaged in farming at the Mr. BINGAMAN. Mr. President, I 1903(m); and ‘‘(B) subject to discounts under section time he went into the office and made send an amendment to the desk and the application. I kind of resent that. 340B of the Public Health Service Act (42 ask for its immediate consideration. U.S.C. 256b).’’. We talk about the fact that we want to The PRESIDING OFFICER. The (b) EFFECTIVE DATE.—The amendment continue the family farm. The way we clerk will report. made by subsection (a) shall take effect on can continue the family farm is to take The assistant legislative clerk read the date of enactment of this Act and apply those folks who do unfortunately pass as follows: to rebate agreements entered into or renewed under section 1927 of the Social Secu- away and eliminate the estate tax. The Senator from New Mexico [Mr. BINGA- rity Act (42 U.S.C. 1396r–8) on or after such But, unfortunately, our friends on the MAN], for himself, Mr. ROCKEFELLER, Mrs. date. other side don’t agree with us about LINCOLN, Mr. PRYOR, and Mr. LEAHY, pro- that. poses an amendment numbered 2365. Mr. BINGAMAN. Mr. President, the Let me just say the commission to Mr. BINGAMAN. Mr. President, I ask amendment I am offering today is very which Senator GRASSLEY referred, and unanimous consent that reading of the similar and essentially the same as the others have referred, was a commission amendment be dispensed with. bipartisan language in S. 1007, entitled created in the 2002 farm bill made up of The PRESIDING OFFICER. Without the Medicaid Formula Fairness Act of farmers from Kansas, Texas, Mis- objection, it is so ordered. 2005. That bill, as we introduced it, had sissippi, Illinois, North Dakota, Iowa, The amendment is as follows: Senators SNOWE, ROCKEFELLER, Georgia, Arizona, as well as USDA. (Purpose: To prevent a severe reduction in HUTCHISON, REED, JEFFORDS, LINCOLN, That commission made strong rec- the Federal medical assistance percentage LEAHY, CHAFEE, PRYOR, and JOHNSON as ommendations that we should not determined for a State for fiscal year 2006 cosponsors. This amendment provides change this payment limitation provi- and to extend rebates for prescription 30 States with protection from serious sion during the course of this farm bill. drugs to enrollees in Medicaid managed decreases in the amount of Federal That is a discussion that should be held care organizations) funding that they would otherwise rein the next farm bill debated in 2007. I On page 188, after line 24, add the fol- ceive in fiscal year 2006 in the Medicaid submit that is when it ought to be. lowing: Program. I urge my colleagues to vote against SEC. 6037. LIMITATION ON SEVERE REDUCTION Let me put up this chart to give IN THE MEDICAID FMAP FOR FISCAL Members an idea of who I am talking the amendment. YEAR 2006. about. This chart shows the States The PRESIDING OFFICER. The time (a) LIMITATION ON REDUCTION.—In no case of the Senator has expired. shall the FMAP for a State for fiscal year that are going to see cuts in their Med- The Senator from New Hampshire. 2006 be less than the greater of the following: icaid Program in the current fiscal Mr. GREGG. Mr. President, is it now (1) 2005 FMAP DECREASED BY THE APPLICABLE year. That is the fiscal year that start- in order to move on to the amendment PERCENTAGE POINTS.—The FMAP determined ed the 1st of October. of the Senator from New Mexico? for the State for fiscal year 2005, decreased Let me point to Alaska. The bill be- The PRESIDING OFFICER. The Sen- by— fore us today provides that Alaska has ator is correct. (A) 0.1 percentage points in the case of a full hold-harmless from the esti- Delaware and Michigan; mated $135 million they were scheduled The Senator from New Mexico is rec- (B) 0.3 percentage points in the case of ognized to offer his amendment, with Kentucky; and to lose over the next 2 years under time equally divided in the next 30 (C) 0.5 percentage points in the case of any Medicaid because of the demographic minutes. other State. changes that Medicaid has calculated Mr. BINGAMAN. Mr. President, I ap- (2) COMPUTATION WITHOUT RETROACTIVE AP- in a somewhat archaic way. That is in preciate the opportunity to speak. Be- PLICATION OF REBENCHMARKED PER CAPITA IN- the current bill. The amendment I am fore I do, I yield 2 minutes to my col- COME.—The FMAP that would have been de- offering does not change that. The league from North Dakota. termined for the State for fiscal year 2006 if amendment I am offering leaves that Mr. DORGAN. Mr. President, I thank the per capita incomes for 2001 and 2002 that alone. It does not deal with the State was used to determine the FMAP for the my colleague for yielding. The chair- State for fiscal year 2005 were used. of Alaska. My amendment tries to deal man of the Agriculture Committee (b) SCOPE OF APPLICATION.—The FMAP ap- with the other 30 States, the red ones used the word ‘‘resent’’—I don’t re- plicable to a State for fiscal year 2006 after shown on this map, the other 30 States member the exact context—and sug- the application of subsection (a) shall apply that are adversely affected by these

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.069 S02NOPT1 S12186 CONGRESSIONAL RECORD — SENATE November 2, 2005 cuts in Medicaid in the current fiscal to receive a benefit in the long run, in This is a good amendment. It does year. the short run they are being hit with not say the States should not cut back In the case of Alaska, the underlying hundreds of millions of dollars in costs. on their Medicaid or should not suffer bill says we are going to hold Alaska In fact, the Congressional Budget Of- some cut in Federal Medicaid funding, totally harmless from any cuts over a fice estimated that States will absorb but it says that cut should not be as 2-year period. My amendment says we an additional $900 million in added significant as would otherwise be the are going to reduce the size of the cuts costs in fiscal year 2006 due to the pre- case. for these other 30 States so that they scription drug bill’s implementation. We can afford this. This is an amend- will not take as much of a cut as they The FMAP drop to our States that I ment that is offset. I believe it is a otherwise would. We say they can have am talking about in my amendment very meritorious amendment and one up to a half of a percent of cut but not compounds the problem for our States. that should be adopted as part of the more than that. It is a 1-year amend- One of the arguments against the underlying bill, and I hope my col- ment. It is not a 2-year amendment, as amendment is, we don’t have enough leagues will support it. the underlying bill provides for the money. We can’t afford this. Anyone At this point I yield the floor. I see State of Alaska. who has really looked at this bill my colleague is anxious to speak, so I Currently, due to a technical change knows that is not the case. One item yield the floor and reserve the remain- made in the calculation of per capita that I will mention as an example is der of my time. income data, which is a major compo- this extension of the milk program, the The PRESIDING OFFICER. The Sen- nent of the calculation of the Medicaid dairy subsidy program that is going to ator from Iowa. Federal Medical Assistance Percent- cost another billion dollars, according Mr. GRASSLEY. Mr. President, I age, or FMAP, there are 30 States that to the provisions of this bill. The jus- yield myself such time as I might con- are scheduled to lose over $800 million tification for this is minimal. It is sume. in Federal Medicaid matching funds. something for which most of the ben- First of all, the Senator from New This is for the year we are already in. efit will go to four States. It is not a Mexico works very closely and very My amendment would limit the nega- good expenditure of taxpayer dollars. It hard as a member of the committee I tive impact that the loss of Federal is just one example. I am sure there are chair. I appreciate his hard work and Medicaid funds would have on the 30 many others I could cite. he should not take personal anything I We have this amendment fully offset. States, the vulnerable populations that am saying about his amendment. We have found an offset that we believe they serve, and the safety net providers Let me remind people what the Fed- the Parliamentarian agrees will more eral medical assistance percentage is who serve Medicaid patients. It does so than cover the cost of the amendment. all about. We call that FMAP for short. by holding those States to no more The benefits to my State are substan- It sets the amount of money that the than a .5 percentage point drop in their tial. The amendment does not restore Federal Government contributes to- matching rate. all of the $79 million that we are ex- ward the costs of a State’s Medicaid Let me emphasize: The amendment pected to lose in Medicaid funds be- Program. does not even hold States fully harm- cause of this change in the Federal When States are doing well economi- less. We are not asking to do that. We matching percentage next year, but it cally, their Federal share goes down. are not urging that the States should does reduce the size of that reduction Then when States need more help, not take some cut. The amendment so that instead of a $79 million cut in when their economy is not doing so also allows States to receive the better Medicaid funding to New Mexico, we of either the current FMAP or an would see a reduction of $13 million. well, their Federal share goes up. That FMAP formula that does not re-bench- This is more manageable. This would is the way the formula was designed. mark per capita income data for fiscal allow our State to reverse the policies That is the way it has worked. It seems years 2001 and 2002. States should not it has put in place that have resulted it has worked well for a long period of be taking a loss in hundreds of millions in more uninsured children. I am sure a time. It helps States that need more of dollars in their Medicaid matching similar circumstance exists for most of resources because they have more low- funds due to a technical revision to the other States, or all of the other income individuals who will qualify for their per capita income calculations States I am mentioning. Medicaid. made by the Department of Commerce The amendment would provide sub- Of course, that is another part of the in 2004 but being retroactively applied stantial benefits to each of the States formula. And that makes a lot of sense to data in 2001 and 2002. And that is ex- that are in red on this chart. Since I because it targets scarce Federal re- actly what is happening under current know Members are listening, some of sources to States with the largest num- law. The approach makes little sense. them in their offices and some of their ber of people enrolled in Medicaid. Both the States and the low-income staffs, let me elaborate on the extent of That is the way the program has been beneficiaries across this Nation should the relief that the amendment would on the books since 1965 when it was not have to bear the negative con- provide to the 30 States I mentioned: In first enacted. sequences of this kind of a technical the case of Alabama, there is $34 mil- The Federal contribution, the FMAP, change. lion in relief; in the case of Arizona, $22 is recalculated each year. As it turns For those who are still not per- million; Arkansas, $14 million; Dela- out, at the beginning of the current fis- suaded, let me give additional reasons ware, $2 million; Florida, $25 million; cal year many States saw their Federal we should not allow the 30 States that Georgia, $8 million; Idaho, $5 million; share go down, but other States saw are in red on this map of the United Kansas, $2 million; Kentucky, $2 mil- their Federal share go up. States to lose over $800 million in Fed- lion; Louisiana, $43 million; Maine, $35 So what is the argument that 2006 eral matching funds. million; Michigan, $2 million; Mis- should be different than any other The first reason is, as the chart indi- sissippi, $22 million; Montana, $6 mil- year? The argument apparently is that cates, of the 30 States that benefit lion; Nevada, $17 million. this is different because the Census Bu- from the amendment, 27 have received As I mentioned, the cut would be re- reau updated data and that made the emergency declarations due to Hurri- duced for New Mexico in the amount of FMAP in a few States go down. But the cane Katrina. That includes the States $66 million. Fourteen million would be data from the Census Bureau is de- of Mississippi, Louisiana, and Alabama, preserved in North Carolina; $6 million signed to make the Federal share and 24 other States that received simi- in North Dakota; $52 million for Okla- amounts more accurate. We should lar emergency declarations due to the homa; $6 million for Oregon; $8 million seek accuracy in any formulas we have influx of evacuees. for Rhode Island; $6 million for South and the statistics that back up those Second, States are also absorbing Carolina; $3 million for South Dakota; formulas. That is just good common costs with respect to the implementa- $27 million for Tennessee; $113 million sense, the way Government ought to tion of the Medicare prescription drug for Texas; $14 million for Utah; $10 mil- operate. And, of course, the Census Bu- benefit right now. They will continue lion for Vermont; $27 million for West reau goes through this very same exer- to absorb those costs throughout fiscal Virginia; $9 million for Wisconsin; and cise not just recently—I mean recently year 2006. Although States are expected $13 million for Wyoming. but not just for the first time—every 5

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.071 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12187 years, so this is not something new, Most of the States are projected to see from Iowa and 2 minutes for the Sen- and this is done to make sure the rate slight increases in 2007. By holding all ator from New Mexico. for Federal contributions to Medicaid, States harmless this year, their de- Mr. GREGG. Mr. President, I will or the FMAP, is set accurately. creases the following year will be yield myself time off that of the Sen- Of course, that is what we want. The greater. Are these States going to ator from Iowa, and I would simply say Federal share should be set according come back again next year and ask for that I think the Senator from Iowa has to an accurate formula, and the another temporary fix to get more summarized the reasons this proposal amount of money that goes to each money for their Medicaid Program? I should be opposed. I want to reinforce State ought to be a very accurate guess I don’t have to tell you the an- that. amount of money. This is the goal and swer to that question. You know what We have a formula in place. The that is what has happened with the im- the answer is. They are not going to be whole theory of the formula, especially proved data of the Census Bureau. here to voluntarily give up something. the one adjusted annually on the basis The States that are affected do not I also question the offset included in of census figures, is that there are want, of course, to see their Federal this amendment to pay for the new going to be different States that win share go down, and it is very obvious spending. This amendment would fur- and different States that are adjusted that Senators, accordingly, would fight ther increase the rebate paid by drug downward, and this formula specifi- for the interests of their States. But manufacturers. It would do this by cally is adjusted based on income. If Congress—if you look at the responsi- forcing manufacturers to pay States some States have an increase in the in- bility of all of us for the entire coun- rebates for drugs dispensed through the come of their Medicaid population, try—cannot come in every year and Medicaid managed care plan. then clearly they are going to receive override the FMAP formula, because The bill we are considering today al- less in the area of Medicaid. If other that defeats the whole purpose of hav- ready increases the rebate paid by drug States have people in the Medicaid ing a formula in the first place. manufacturers from 15.1 to 17 percent. population whose income goes down, The Federal share went down in The bill also makes the drug manufac- they are going to receive more. But if these States this year because, oddly turers pay millions more in rebates by every year we step forward and those enough, it was supposed to go down. In closing a pair of loopholes in the rebate States which happen to have lost some years, the Federal share goes up program. All together this bill already money under this formula are going to in a majority of the States instead of increases the rebates drug manufactur- be held harmless, there would be no going down. And surprise—that is the ers are forced to pay by $1.7 billion. So point in having a formula and we would way it is supposed to work. When the this was not a source of revenue that end up in basic chaos as we moved into Federal share goes up, I can’t recall my committee overlooked. the outyears because of the fact you anyone lobbying me as chairman of the I understand my colleague might not would have built in so many grand- committee to override the formula to think that is enough, but I would en- fathered baselines. lower their Federal share instead of in- courage him to look at the CBO report So the Senator from Iowa is abso- creasing it. put out this past June examining the lutely right. The responsible thing to If your general argument is that the price of name-brand drugs. That report do here is support the law as it is pres- formula is broken, it is going down for shows that the effective rebate being ently structured. More importantly, 29 States, doesn’t that mean it is not paid by drug manufacturers is actually the Senator from Iowa is correct in broken for the other 21 States? Is it 31.4 percent and not 15 percent. saying that the offsets which are pro- your argument that the formula only I am also concerned about the sub- posed here really are a little illusory. works when the States get more stantive implications of the amend- First off, they have been proposed to be money? ment. These Medicaid health plans are used in three other amendments al- It is true that the fluctuation in the private businesses that can negotiate ready. I don’t know how many more low drug prices. Yes, that is the way it Federal share calculation can create amendments we are going to get, but was set up, so plans would negotiate problems in States. I don’t doubt that. these offsets are becoming the custom lower drug prices. They already nego- If the States want to limit the amount fees of this round. It is really incred- tiate the best price of the marketplace. of decreases—and the increases in Fed- ible to claim this offset. eral funding—then that is something The States already get the benefit of In addition, of course, this offset by that I would be willing to discuss fur- those lower drug prices that these its very nature is punitive in that it plans negotiate. Making the manufac- ther. I would be willing to work with basically double-taxes those people turers then pay rebates for drugs on anybody in this body in the future to who are supplying pharmaceuticals to top of what is already negotiated is the bring greater predictability to the low-income individuals and we know same as making them pay a double re- process. that somebody is going to have to pay bate for those drugs. Of course, that This summer, as an example, I that. And that is probably going to be makes no sense. worked on a proposal to do that with Yes, I do realize that the Medicaid the States again. They are going to my counterpart on the Democratic side Commission accepted this amendment have to renegotiate their pharma- of my committee, Senator BAUCUS of in its recommendations, but I am quite ceutical contracts, and so you are Montana. This proposal would put lim- certain the Medicaid Commission’s going to take from one hand and give its on how far the FMAP could go up or stamp of approval would not win sup- to one set of States and basically ger- go down in any given year—in other port from Members of this body for rymandering a formula that had al- words, to smooth out the peaks and other proposals that we are considering ready been put in place and put in valleys. It gives States predictability today. place through reasonable allocations, on their Federal share, and it would We have looked at this area. We have while at the same time you are going certainly bring stability to the process. come up with responsible policies that to create an offset, should it pass, that I would be willing to introduce the address loopholes, and I don’t think we would essentially cost other States Federal share corridor proposal that need to further increase the rebate be- money or maybe the States getting the Senator BAUCUS worked on over the yond what is already included in this new money. It may be a wash for some summer and have anybody in this body bill. Therefore, with due respect for my States in the end. join us as cosponsors. colleague from New Mexico, I urge my So as a practical matter, although Finally, increasing the Federal share colleagues to oppose the amendment the amendment, obviously, is well-infor 29 States this year necessarily and the offset that funds it. tentioned—and clearly the Senator means that we create an even bigger I yield the floor. from New Mexico doesn’t want his problem in the year 2007. This is then The PRESIDING OFFICER. The Sen- State to be impacted by the adjust- trying to solve one problem and creator from New Hampshire. ment in the formula—it ignores the re- ating another problem. We will be back Mr. GREGG. What is the situation ality on the ground, which is that this here next year to solve that problem— relative to time? formula is exactly that, to be adjusted create a bigger problem in 2008 and be The PRESIDING OFFICER. The time for change in the population and the back here to solve that problem in 2008. is 5 minutes on the side of the Senator economic status of that population.

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.073 S02NOPT1 S12188 CONGRESSIONAL RECORD — SENATE November 2, 2005 So I do hope we would oppose it when amendment on Amtrak, followed by a whelmed. Go to the emergency rooms we get around to voting on it tomorrow McCain amendment in the 3:30 to 4:15 at the hospitals. Go over to Fairfax sometime. At this point I would re- p.m. timeframe, then a Murray amend- Hospital, for example, one of the finest serve the remainder of our time, if the ment on dual eligible from 4:15 to 5 hospitals in the country. There they distinguished Senator from New Mex- p.m., an Ensign amendment from 5 to are on cots in the aisles. I know be- ico wishes to wrap up. 5:30 p.m., and finally a Landrieu cause I have been there. Our schools— Mr. BINGAMAN. Mr. President, I amendment or an amendment by somehow can we teach children when the have 2 minutes; is that correct? one I might designate from 5:30 to 6 schoolrooms are so overcrowded? What The PRESIDING OFFICER. The Sen- p.m. about our poor teachers? ator is correct. We only have 4 hours of debate left Our infrastructure is just not pre- Mr. BINGAMAN. Mr. President, let on the reconciliation matter. All of the pared for this influx. Our roads are not me just say about all of the talk about time has been allocated. prepared. And that infrastructure is how this formula is sort of inviolate I am informed that Senator BYRD is being further worn away with the and we don’t want Congress to in any on his way. budget cuts included in this reconcili- way change it, the underlying bill says I very much hope that Senators un- ation bill. Right here. it doesn’t apply to Alaska. We are just derstand, because of the events of yes- Immigration is an issue that de- writing into this bill there is going to terday and because of the very tight mands the attention of the Congress. be no cut in Alaska regardless of what time limitations under reconciliation, Regretfully, we have been told that the formula says. So all I am saying is there simply was not additional time tougher enforcement actions will have let’s at least do something to lessen for other amendments. to wait until next year. So imagine the the extent of the burden we are putting Obviously, we will be going to votes surprise of Senators to find provisions on these other 30 States that I am talk- on amendments tomorrow. I think we buried deep, deep, deep in this budget ing about. already have some 15 amendments. bill that would authorize the Govern- I don’t think that is too much of a That means at least 5 hours of voting ment to issue more than 350,000 addi- change. The underlying bill also tomorrow. I hope colleagues will think tional immigrant visas each year to changes the formula with regard to about that very carefully: 5 solid hours foreign labor seeking to live and work Katrina victims, which is appropriate, of voting tomorrow with just the permanently in the United States. 100 percent Federal matching funds for amendments so far. This is baffling. Baffling. Baffling. It Katrina victims under Medicaid. I I see Senator BYRD now entering the is baffling, I say. If we don’t have the think that is entirely appropriate. We Chamber. His amendment is next. time to address the illegal immigration have changed this formula five or six I know the chairman of the com- that threatens our national security, times in the last few years. It would be mittee shares the view that we need to then how do we explain to the Amer- appropriate to do this again. I think it move through the rest of these amend- ican people out there that we somehow is the right thing to do. It will not only ments expeditiously and then Senators found the time to raise the level of im- help our States, but it will help the recognize that tomorrow we are going ported labor each year? How do we do people our States are trying to serve to be casting a lot of votes. With what that? How do we do that? through the Medicaid Program. We is already scheduled, already lined up, On pages 810 through 815, separate have a great many in New Mexico. We we will have 5 solid hours of voting. from the deficit reduction measures re- have over 400,000 people in our State We are glad to see the senior Senator lated to immigration fees, are provi- who depend upon Medicaid. It is abso- from West Virginia, who will offer his sions in the reconciliation bill that lutely essential that the State have the amendment. I yield the floor and sug- would raise the annual cap on employ- resources, including Federal resources, gest the absence of a quorum. ment-based visas and exempt the to provide the services, to continue to The PRESIDING OFFICER. The spouses and children of employment- provide the services for the children clerk will call the roll. based immigrants from that cap. In ad- and the adults who are eligible under The bill clerk proceeded to call the dition, those pages include provisions that Medicaid Program. roll. to increase temporary H–1B visas for So I believe this is good legislation. Mr. BYRD. Mr. President, I ask unan- high-tech workers by 30,000 each year. This is a good amendment. imous consent that the order for the These are massive and destabilizing I hear that the offset would be an quorum call be rescinded. immigration increases, and they are extra burden on the States. CBO says The PRESIDING OFFICER. Without hitching a free ride—hitching a free this is a savings for the States, that objection, it is so ordered. ride—on this reconciliation bill; a free this offset saves money for the States. Mr. BYRD. Mr. President, we have al- ride on this reconciliation bill. Hitch So, in fact, I think it is a good amend- most completed the First Session of on it to get a free ride. ment. I urge my colleagues to support the 109th Congress and, incredibly, no It is bad enough that so many Amer- the amendment. serious debate about our immigration ican jobs are moving overseas and I yield the floor. policies has occurred. Not a word. No wages and benefits here at home are Mr. GREGG. Mr. President, I would serious debate. being curtailed to compete with Third note the next amendment will be that The number of aliens residing ille- World labor and unfair trade practices. of Senator BYRD, who I understand is gally in the United States stands be- Now these provisions would make it on his way, and he has the floor begin- tween 8 and 12 million. Let me say that more likely that working Americans ning at 2 o’clock. I make a point of again. The number of aliens residing il- will find themselves in competition order that a quorum is not present. legally in the United States stands be- with foreign labor for work in their The PRESIDING OFFICER. The tween 8 and 12 million—an alarming own country and—and—is being done clerk will call the roll. figure given the terrorism threat that through this reconciliation process The bill clerk proceeded to call the confronts our country. right here where the immigration in- roll. The level of legal and illegal immi- crease is clouded by budget provisions Mr. CONRAD. Mr. President, I ask gration combined has surpassed his- and where debate and amendments are unanimous consent that the order for toric records, causing increasing con- severely limited. the quorum call be rescinded. cern about the ability of our Nation to We are told that an immigration re- The PRESIDING OFFICER (Mr. absorb the influx. Our roads, our form debate will take place early next SUNUNU). Without objection, it is so or- schools, and our health care systems year. Senators are casting themselves dered. are overwhelmed and underfunded. as tough—tough, man. Senators are Mr. CONRAD. Mr. President, we are Go to any hospital in the area or in casting themselves as tough on en- making very good progress. It is very the surrounding area. Take a look at forcement and wanting to protect important that we stay on track. what is going on. The waiting rooms, American jobs. Well, that The next amendment is a Byrd the emergency rooms are overcrowded. pronouncementstands in stark, stark amendment on visa reform. That is to Our infrastructure is just not ready for contrast to this effort under the cover be followed by a Lott-Lautenberg these influxes. We are being over- of procedural protections and the guise

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.074 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12189 of deficit reduction to increase the ‘‘(i) initially grant an alien nonimmigrant revenue, because an additional fee will number of immigrants authorized to status under section 101(a)(15)(L); or be charged for each of these additional work in the United States by an aston- ‘‘(ii) extend, for the first time, the stay of visas, but this is not just a budget deci- an alien having such status. ishing 350,000 visas per year. ‘‘(C) The amount of each fee imposed under sion. These immigration provisions are not subparagraph (A) or (B) shall be $1,500. Now let’s be frank. We are in a na- necessary for the Judiciary Committee ‘‘(D) Fees imposed under subparagraphs (A) tional discussion about immigration. to comply with its reconciliation in- and (B)— We need to be honest with ourselves. struction, nor are they necessary to ‘‘(i) shall apply to principal aliens; and We need to do the right thing. We need achieve the spending cuts embraced by ‘‘(ii) shall not apply to spouses or children to be compassionate. We also need to the congressional budget. The House who are accompanying or following to join consider what is just, fair, and reason- such principal aliens. able for our national interests. Any na- Judiciary Committee reported legisla- ‘‘(E)(i) An employer may not require an tion to assess a $1,500 fee on L–1 visas alien who is the beneficiary of the visa or pe- tion that aspires to be a great nation for executives and managers of multi- tition for which a fee is imposed under this has every right, indeed it has a respon- national corporations and that savings paragraph to reimburse, or otherwise com- sibility, to determine how many people provision more than satisfies the budg- pensate, the employer for part or all of the come into their country and under et’s reconciliation instruction. So I cost of such fee. what circumstances. We are into the hope that Senators will join me in ‘‘(ii) Any person or entity which is deter- process of debating how our immigra- mined, after notice and opportunity for an striking these unrelated immigration tion system should be reformed. administrative hearing, to have violated One of my first, biggest, and most increases and limiting the judiciary clause (i) shall be subject to the civil penalty portion of this bill solely to an increase described in section 274A(g)(2).’’. important concerns is the timing of in the L–1 visa fee. (b) CONFORMING AMENDMENT.—Section this policy change we might as well do So the amendment that I will send to 286(m) of the Immigration and Nationality this kind of thing as part of our overall the desk is identical to the House lan- Act (8 U.S.C. 1356(m)) is amended by insert- immigration reform debate. We are guage, excluding the provisions related ing ‘‘, including those fees provided for in going to continue it this year and prob- to new judgeships, and would raise the section 214(c)(15) of such Act,’’ after ‘‘all ad- ably in the beginning of next year we judication fees’’. will be full-fledged into this discussion. L–1 visa fee to $1,500 per application. (c) EXPENDITURE LIMITATION.—Amounts Again, this amendment simply strikes collected under section 214(c)(15) of the Im- To ram this language through as part the unrelated immigration provisions migration and Nationality Act, as added by of the Budget Reconciliation Act is un- and would still allow the Senate bill to subsection (a), may not be expended unless fortunate, and I do not think it is ap- meet its reconciliation targets. specifically appropriated by an Act of Con- propriate. That is why I support Sen- My amendment has the support of gress. ator BYRD’s amendment. the professional employee unions of the Mr. BYRD. I see my friend, my What we come out with after we fully AFL–CIO, as well as immigration en- bosom friend from Alabama, on the hear all of these issues discussed, how forcement groups like Numbers USA floor. I am told that he is going to many the numbers would be, I do not and the Federation for American Im- speak at this point. I yield the floor. know, but what the American people migration Reform. The PRESIDING OFFICER. The Sen- are concerned about is all we ever pass AMENDMENT NO. 2367 ator from Alabama. is something to increase the legal visa Mr. SESSIONS. I thank Senator I send that amendment to the desk numbers, or to forgive people who have BYRD for offering the amendment. and I ask Senators for their support. violated the law or that kind of thing. There is a legitimate national interest The PRESIDING OFFICER. The That is what we pass and pass and pass, in deciding how many of these visas clerk will report. and they are wondering and have been The bill clerk read as follows: should be allowed, and in deciding how asking firmly and repeatedly in polling much the numbers should be increased, numbers and when we go home to The Senator from West Virginia [Mr. if any. The matter came up before the BYRD] proposes an amendment numbered townhall meetings and talk to our peo- 2367. Judiciary Committee, of which I am a ple, in the phone calls and letters we member, within the last 2 weeks, the Mr. BYRD. Mr. President, I ask unan- get, they are simply asking, why do we week before last. There was a good deal imous consent that the reading of the not have immigration laws that are en- of discussion and disagreement and my amendment be dispensed with. forced? Why do we not create a legal amendment, almost identical to the The PRESIDING OFFICER. Without immigration system that actually amendment Senator BYRD is offering objection, it is so ordered. works? Once that is done, they say, today, did not fully come out of com- The amendment is as follows: then you can talk to me, Mr. Senator, mittee. The Judiciary Committee is about how many more people ought to (Purpose: To replace title VIII of the bill not a committee that is in any way with an amendment to section 214(c) of the be allowed in every year. Let us get Immigration and Nationality Act to im- backward looking and is not a com- this thing under control. pose a fee on employers who hire certain mittee that has no interest in having a So I think we are getting ahead of nonimmigrants) fair immigration policy, but we had ourselves. I am not at all certain that On page 810, strike line 17 and all that fol- very strong disagreements within our these numbers are necessary. In fact, I lows through page 816, lines 21, and insert committee regarding whether increases do not think they are at this point. the following: in H–1B visas and other permanent Just because somebody might be hired TITLE VIII—COMMITTEE ON THE work visas were justified. does not mean that this country fully JUDICIARY Senator BYRD is correct in raising and totally needs them in the coming SEC. 8001. FEES WITH RESPECT TO IMMIGRATION the matter now and objecting and of- year as a source of labor for our coun- SERVICES FOR INTRACOMPANY fering this amendment to fix it—what try. TRANSFEREES. came out of the Judiciary Committee. Our Nation has been enriched by im- (a) IN GENERAL.—Section 214(c) of the Im- The current bill language will increase migrants, talented, hard-working immigration and Nationality Act (8 U.S.C. the H–1B visa cap by over 30,000 a year migrants. For the most part, that is 1184(c)) is amended by adding at the end the following: and increase the number of permanent exactly what we are talking about. I do ‘‘(15)(A) The Secretary of State shall im- employment-based immigrants, not not dispute that we need to be dis- pose a fee on an employer when an alien files temporary, by 90,000 a year. Addition- cussing this issue. I do not dispute that an application abroad for a visa authorizing ally, the current bill language allows we may need to raise that number that initial admission to the United States as a all family members of the workers to we have today to a higher number. I nonimmigrant described in section immigrate to the U.S. and exempts believe, though, the appropriate way to 101(a)(15)(L) in order to be employed by the family members from being subjected do it is after hearings, after discussion, employer, if the alien is covered under a to the cap. They are currently allowed as part of the overall fix and at the blanket petition described in paragraph (2)(A). to immigrate, but are subjected to the same time we can tell the American ‘‘(B) The Secretary of Homeland Security annual cap. These changes compose a people not only have we been more gen- shall impose a fee on an employer filing a pe- huge, important policy statement. erous to talented people who want to tition under paragraph (1) to— These extra visas will indeed increase come and work but we have created a

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.076 S02NOPT1 S12190 CONGRESSIONAL RECORD — SENATE November 2, 2005 system that keeps those who cheat, go trol agents. We need about another American Federation of Teachers; the around the law, undermine the law, to 10,000 detention beds. We need a signifi- American Federation of Television and stop that from occurring. I believe that cant expansion of the technology capa- Radio Artists; the American Guild of would be the appropriate, responsible bility, satellite capability, unmanned Musical Artists; the American Federa- approach to deal with it. I therefore vehicle capability, helicopters, trans- tion of Musicians; the American Fed- will support the Byrd amendment. portation facilities for our agents and eration of School Administrators; the The PRESIDING OFFICER. The Sen- physical housing facilities. We need Communications Workers of America, ator from West Virginia. training facilities. There are a lot of including the Newspaper Guild, the Na- Mr. BYRD. Mr. President, I want to resources that need to be committed. tional Association of Broadcast Em- thank the distinguished Senator from As a result, basically, of the ramp-up ployees and Technicians, the Inter- Alabama for his strong statement and time, it is very hard to get a lot of national Union of Electrical Workers; for his support of the amendment. His agents in place quickly because we the Federation of Professional Ath- statement is very convincing, persua- want to get the right type of folks. It letes; the International Association of sive, and timely. I am very grateful for takes awhile to hire them. We are only Machinists and Aerospace Workers; the his coming to the floor and his joining able to hire and train about 1,500 a International Alliance of Theatrical in the support of this amendment. I year. Hopefully, we can improve that. Stage Employees; the International hope all Senators will read his state- Over the next 4 years, this is some- Brotherhood of Electrical Workers; the ment and learn therefrom and support thing I know the Senator from West International Federation of Profes- the amendment. Virginia and I are going to spend a sig- sional and Technical Engineers; the Of- I reserve any time that I may have nificant amount of time and effort to fice and Professional Employees Inter- remaining, and I yield the floor. try and make sure our borders are se- national Union; Plate Printers, Die The PRESIDING OFFICER. The Sen- cure and that we do have borders where Stampers and Engravers Union of ator from New Hampshire. we can expect the people who cross North America; the Screen Actors Mr. GREGG. Mr. President, what is those borders are crossing legally. Part Guild; the Seafarers International the time situation? of it, of course, is making sure that Union; the United Steelworkers; the The PRESIDING OFFICER. The Sen- people who get visas pay for the cost of Writers Guild of America, East. These ator from New Hampshire controls 28 issuing that visa. This is what this unions are trying to protect the health minutes. The Senator from West Vir- amendment is about. benefits and the wages of working ginia controls 9 minutes. So I congratulate the Senator from Americans, and they say that Amer- Mr. GREGG. Mr. President, first I West Virginia for his strong effort in ican workers are available to fill these congratulate the Senator from West this area. I appreciate his support as jobs. Virginia for bringing forward a the ranking member on the Homeland The Department for Professional Em- thoughtful amendment, as always, and Security Subcommittee and of course ployees, AFL–CIO, has a letter ad- especially for the fact that it actually, the ranking member on the Appropria- dressed to all Senators endorsing the I believe, adds to the savings, if I am tions Committee. I look forward to amendment. Just to quote a few words not correct. So I cannot argue with continue working with him on this from the letter: that. issue. The 22 national unions represented by our To be honest, I am not engaged in The PRESIDING OFFICER. The Sen- organization strongly support the Byrd amendment and urge your vote for it. this issue. The bill was reported out of ator from West Virginia. the Judiciary Committee. We have Mr. BYRD. Mr. President, I thank my Continuing, I speak again of the let- heard from Senator SESSIONS, who is a chairman for his sage remarks. Let me ter and call attention to these ex- member of the Judiciary Committee. I thank him also for the leadership that cerpts: understand Senator SPECTER is not he demonstrates daily in the Senate There is absolutely no economic justifica- going to have the opportunity to come and in committees. I have great respect tion for expanding the H–1B program. Unem- over and debate this because he is in- ployment among professionals in H–1B occu- for him. I serve on the Homeland Secu- pations remains high . . . volved in a variety of other issues rity Committee with him. He is a far- Finally, it is worth pointing out that in- today. I am sure he has thoughts and seeing, wise Senator. He acts in the dustry apologists for off-shore outsourcing of opinions on this because it was part of service of his people and he too is con- American jobs have long proclaimed that the package they reported. cerned about the protection of our one of the benefits of globalization would be I would like to speak briefly about country and its security. I thank him the creation of high end, high skilled technical and professional jobs for workers in the the topic which the Senator from West from the bottom of my heart. I thank Virginia has raised because I think it is United States. These same industries now him for yielding. seek to contract the number of these very such a critical one, which is the issue Mr. GREGG. I obviously appreciate same high end job opportunities that should of our borders and how we deal with it. those generous comments coming from otherwise be available to highly skilled I do have the good fortune, along with a man who is truly a legend in the Sen- American workers by once again expanding the Senator from West Virginia, to ate and has done an extraordinary the H–1B visa program. have a responsibility for the Homeland service for this Nation over his many On behalf of the 4 million professional and Security Agency, he being the ranking technical workers that are members of our years in the Senate. I thank him. unions, we urge you to oppose any action member and I being the chairman of Those are very kind and generous com- that would have the effect of making it more that appropriations subcommittee. We ments. difficult for unemployed U.S. professionals know that we simply have borders I suggest the absence of a quorum. to find work. which are too porous. The PRESIDING OFFICER (Mr. Mr. President, Senators will please This year, with the significant assist- VITTER). The clerk will call the roll. take note of these words on behalf of ance of the Senator from West Vir- The assistant legislative clerk pro- these unions and the workers in the in- ginia, we were able to increase the ceeded to call the roll. dustries with which they are con- funding relative to the number of Bor- Mr. BYRD. Mr. President, I ask unan- cerned. der Patrol agents to add another 1,500 imous consent that the order for the Mr. President, I yield the floor. agents when we count the supple- quorum call be rescinded. Mr. GREGG. I yield the Senator from mental, and we were able to increase The PRESIDING OFFICER. Without Georgia 10 minutes. the number of detention beds taking it objection, it is so ordered. The PRESIDING OFFICER. The Sen- up to about 20,000. We were able to add Mr. BYRD. Mr. President, several of ator from Georgia is recognized. significantly to the number of immi- the unions are very supportive of the Mr. CHAMBLISS. Mr. President, I gration enforcement officials, and we amendment I have just offered. Among thank the Senator from New Hamp- were able to expand technology. We are these unions, it should be mentioned shire, the distinguished chairman of nowhere near where we want to be. In that the American Federation of Gov- the Budget Committee. I rise today in fact, I asked my staff what we need in ernment Employees is very supportive; support of the budget reconciliation this area and we really need a lot more. the American Federation of State, package passed by the Senate Judici- We need about another 8,000 Border Pa- County and Municipal Employees; the ary Committee and in opposition to

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.078 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12191 this amendment. The Senator from much-needed services their companies I understand when this amendment is West Virginia knows what great re- provide. For instance, recently, a small over we will then be proceeding to the spect I have for him and his long-term company with 60 employees—all U.S. amendment by Senators LOTT and LAU- service in this great institution. But I citizens—was awarded a contract with TENBERG relative to ANWR. chaired the Subcommittee on Immigra- the Pentagon to improve rapid re- At this point, I suggest the absence tion, Border Security and Citizenship sponse communications between agen- of a quorum. in the Senate Judiciary Committee cies in the event of a natural disaster The PRESIDING OFFICER. The during the 108th Congress. During that or terrorist attack. clerk will call the roll. time, I worked very closely with my Not only are innovations like these The assistant legislative clerk pro- friends and colleagues, Senator KEN- critical to the security of citizens of ceeded to call the roll. NEDY and Senator GRASSLEY, to enact my home State, but they also can help Mr. CONRAD. Mr. President, I ask H–1B reform legislation. That is the create jobs for Americans everywhere unanimous consent that the order for part of the amendment I wish to ad- as demand for the innovation grows the quorum call be dispensed with. dress. and the company expands. The PRESIDING OFFICER. Without One of the most important aspects of This company wanted to bring in a objection, it is so ordered. that reform was to increase the H–1B specialist from Northern Ireland to Mr. CONRAD. Mr. President, perhaps visa fee to $1,500 per application to lead its development efforts. The com- this is a good time to remind col- fund education and training programs pany applied on behalf of this spe- leagues of the lineup and encourage for U.S. workers. In addition to the ap- cialist in August 2005 to come in on one those who have remaining amendments plication fee, the legislation added a of the available H–1B visas for fiscal to come to the floor. If there is anyone $500 anti-fraud fee to every H–1B visa year 2006. However, there were no re- wishing to speak during the next 15 application to detect and prevent fraud maining H–1B visas available for fiscal minutes, there is time available. in the visa program. year 2006 and as a result, this company Now that we have gone to the Byrd The reconciliation package passed by will have to wait until fiscal year amendment, the next amendment up the Senate Judiciary Committee, by a 2007—14 months—to bring this spe- from 3 to 3:30 is the Lott-Lautenberg vote of 14 to 2, will generate $45 million cialist to the U.S. amendment, to be followed by the annually from H–1B visa fees that will I am supportive of the increased McCain amendment from 3:30 to 4:15, go toward scholarships and training flexibility provided in the Judiciary from 4:15 to 5 the Murray amendment programs for U.S. workers. It will also Committee’s reconciliation package. on dual eligibles, to be followed by the generate $15 million annually to en- When adequate U.S. worker protections Ensign amendment on DTV from 5 to hance government enforcement of the are in place, as they are in the H–1B 5:30, and then the Landrieu amendment H–1B program requirements that are visa program, with strict wage require- or an amendment to be designated designed to protect the U.S. workforce. ments and labor market tests, Con- from 5:30 to 6. These excess funds provide even more gress should facilitate the success of I hope very much that colleagues muscle to the Department of Labor’s U.S. businesses with our immigration who have requested time watch the enforcement and U.S. worker education laws. floor closely. We are down to the last and training programs. I yield the floor. 31⁄4 hours on the reconciliation bill in The PRESIDING OFFICER. Who The Judiciary Committee’s reconcili- terms of debate time. yields time? ation package will allow for the recap- If there are those who have not had a ture of up to 30,000 H–1B visas that Mr. BYRD. Mr. President, how much time remains? chance to speak, if they watch the were authorized and made available by floor closely—a number of these Congress but went unused in previous The PRESIDING OFFICER. The Sen- ator from West Virginia has 1 minute 3 amendments may not take the full years, provided the employer pays a amount of time—that would be their $500 fee for each recaptured visa. seconds. opportunity to talk. I believe this proposal injects much- Mr. BYRD. Mr. President, the Na- As I have indicated, we have a few needed flexibility into current law by tional Research Council has estimated minutes left before 3 p.m. allowing the flow of these highly edu- that the net fiscal cost of immigration If there are Senators listening or cated and highly skilled workers to be ranges from $11 billion to $22 billion staff listening and their Senator would driven by supply and demand rather per year, with most government ex- like a chance to speak, either on the than by an arbitrary cap each fiscal penditures on immigrants coming from Republican side or on this side, this is year. State and local coffers. Currently, only 65,000 H–1B workers Mr. President, how much is enough? their opportunity. This is one of their are allowed into the U.S. each year. How much is enough? In 2000, the Con- opportunities. There may be a few Over the past 3 fiscal years, 2004–2006, gress increased H–1B visas to 195,000 per more left, but it is a fleeting oppor- the H–1B cap was reached before the year for 3 years, authorizing over half tunity. end of the fiscal year. A similar short- a million new visas. Last year, the Mr. GREGG. Mr. President, I think it age occurred in the mid–1990s when de- Congress authorized 20,000 new H–1B is important for people to appreciate mand for high-skilled workers out- visas each year, every year. The Immi- what the Senator from North Dakota paced supply due to the high-tech gration Act authorizes more than has said. Tomorrow, we will a have a boom. Congress responded to the needs 140,000 employment-based visas each minimum of 5 hours of votes. Some of of the U.S. economy in the 1990s by in- year. How much is enough? How much these votes are going to get fairly com- creasing the H–1B cap to 115,000 for fis- is enough? I say enough is enough. plicated because there will be points of cal years 1999 and 2000 and then in- I yield the floor. order of various nature. People will creasing it again to 195,000 for fiscal The PRESIDING OFFICER. The Sen- have to be here all day and ready to years 2001–2003. ator from New Hampshire is recog- vote. By allowing the recapture of up to nized. If our membership remembers, during 30,000 H–1B visas for the next 5 years, Mr. GREGG. Mr. President, I join the Budget Committee, the Senator Congress will only be returning the once again with the ranking member of from North Dakota and myself took a total number of H–1B visa holders al- the Budget Committee to remind Mem- position that we should move quickly lowed to come to the U.S. to the fiscal bers that we now have pending approxi- through the votes, and we will take the year 1999 levels. I know that many mately 15 amendments and that it will same position tomorrow. Members companies, in my home State of Geor- take us 5 hours tomorrow to vote those should be on the floor tomorrow all gia, ranging from the biggest beverage amendments. Tomorrow evening, we day. companies and airlines in the world, are going to adjourn at 6 o’clock under Mr. CONRAD. Mr. President, if I down to small businesses, rely on ac- any scenario, so if we cannot complete could revisit the point, I hope col- cess to these H–1B workers to effec- voting, we will be here on Friday. I do leagues understand what we are headed tively compete in the global economy. hope Members will be conscious of that for tomorrow. It is not going to be fun. Other companies rely on the exper- as we move forward into the rest of We already have 5 hours, at least, of tise of foreign specialists to perform this evening. voting tomorrow. We hope people take

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.080 S02NOPT1 S12192 CONGRESSIONAL RECORD — SENATE November 2, 2005 that into consideration as they think Committee provision and be opposed to who is coming into our country and about their schedules tomorrow. the amendment filed by the distin- why they are here. The chairman might remind us. We guished Senator from West Virginia. It Indeed, this body, I am confident, start tomorrow at 9 o’clock and we will will keep jobs here in America rather will be addressing that need for com- go right to votes; is that not correct? than export them to places like India prehensive immigration reform in the Mr. GREGG. That is correct. and China. near future. Mr. CONRAD. Colleagues should be The Judiciary Committee in the But it is more than border enforce- aware that tomorrow is going to be a House met its budget reconciliation ob- ment—it is interior enforcement. It is day of voting one vote right after an- ligation by imposition of a $1,500 fee on enforcement at the workplace. But it is other. Votes have already been sched- L–1 visas. The L–1 visa is used by mul- also making sure that by sensible im- uled for 5 solid hours, at least. This is tinational companies to transfer execu- migration laws we provide the trained a time for restraint. This is a time for tives, managers, and employees with workforce necessary for American busi- colleagues to realize what it is like specialized knowledge. This additional nesses to thrive and prosper and create when we go into these vote-aramas and fee would not be used to improve proc- additional employment here in Amer- to try to reduce the number of votes essing or otherwise provide relief on ica. that colleagues are asked to take. other pressing immigration issues such On the other hand, the distinguished When you get into this vote-arama, as the H–1B cap being reached 2 months Senator from West Virginia has pro- it almost becomes hard to fully appre- before the fiscal year even began or 2 posed no raising of the cap to keep un- ciate and understand the votes you are months after it began. used H–1B visas from previous years casting. These votes come so fast and That proposed solution by the distin- but instead to put a tax on the L–1 visa so furiously. guished Senator from West Virginia of $1,500 each. These L–1 visas are I hope colleagues are thinking about will do nothing to address that critical issued pursuant to trade agreements that as they consider how we conduct need of the American economy. with countries such as Chile, Australia, the business of the Senate tomorrow. Restoring access to the previously al- Singapore, and other countries so that I thank the Chair. I suggest the ab- located H–1B visas will not only make when they conduct business operations sence of a quorum. significant strides toward deficit rein the United States, pursuant to these The PRESIDING OFFICER. The duction through the additional fees free trade agreements, their managers clerk will call the roll. that will be charged but also raise sig- and high-level employees can actually The assistant legislative clerk pro- nificant additional sums for scholar- come here pursuant to that free trade ceeded to call the roll. ships and training of U.S. workers. It agreement. Mr. GREGG. Mr. President, I ask will also provide additional money for Likewise—this is the important unanimous consent that the order for enforcement against fraud in the immi- part—our managers and high-level em- the quorum call be dispensed with. gration system. ployees can go to their country, pursu- The PRESIDING OFFICER. Without The fact of the matter is the United ant to the free trade agreement, so objection, it is so ordered. States of America is not training a suf- that the benefits of this free trade Mr. GREGG. Mr. President, I yield ficient number of engineers and sci- agreement can be reached in the full- such time as he may consume to the entists. In 2001, only 8 percent of all de- est. Senator from Texas. grees awarded in the United States It doesn’t take much of an imagina- The PRESIDING OFFICER. The Sen- were in engineering, mathematics, and tion to imagine that if we put a $1,500 ator from Texas is recognized. the physical sciences, which is more tax on each L–1 visa issued to employ- Mr. CORNYN. Thank you, Mr. Presi- than a 50-percent decline since 1960. ees of some nation that has a free trade dent. I thank the manager of the bill Today, more than 50 percent of all agreement with the United States, and the ranking member. engineering doctoral degrees awarded they will simply turn around and re- I wanted to speak in opposition to by U.S. engineering colleges are to for- taliate and impose the same fees on the amendment filed by the distin- eign nationals. American workers in those countries. guished Senator from West Virginia The United States must find a way to Rather than producing additional that would strike the Judiciary Com- increase the pipeline of U.S. engineers. revenue, this will, in essence, be a mittee’s H–1B visa provisions and in- I know many companies already part- wash. In other words, this amendment sert a prior amendment, the Sessions ner with U.S. universities and colleges, does nothing to solve the problem amendment, that actually was defeated and indeed this is a long-term chal- about a shortage of highly trained en- in the Judiciary Committee. lenge of our economy—to create a suf- gineers and scientists who come here This, of course, is an attempt by the ficient number of homegrown engineers because we simply don’t have enough Judiciary Committee to comply with and scientists to meet the demands of on a temporary basis so that jobs can the reconciliation instructions to gen- our innovative economy. But in the stay here. erate some additional funds to meet short term, we must ensure that our This amendment does not solve that the budgetary requirements of the immigration policies do not unneces- problem. This amendment, also, I be- budget resolution. sarily restrict access to highly trained lieve, creates additional problems and This is a part of the reconciliation individuals, the kinds of employees distortions in our relationships with process with the Judiciary Committee that will create those additional jobs countries with whom we have nego- to come up with some savings funds to here in America. tiated and authorized a free trade meet the instructions of the Budget Once again, the demand for high-tech agreement. Committee. The Judiciary Committee temporary visas far exceeds the statu- It is not only not helpful to the cause decided to sweep all of the unused H–1B tory cap imposed by Congress. that we are seeking to cure by the Ju- visas for the last few years and to use As I mentioned a moment ago, the diciary Committee’s proposal, it is that as a means to satisfy the rec- fiscal year 2006 visas were gone 2 positively harmful in that it creates onciliation instructions. months before the fiscal year even the potential for retaliation. The ability to track and retain the began. They ran out in August 2005. I wish we lived in a world where all of best talent around the world is a major There is also a shortage of green the good, high-paying, innovative jobs factor in American competitiveness. cards, even for certain multinational we create in this country could be sat- Arbitrary caps on employment-based managers and executives. That means isfied by American workers. Indeed, green cards and temporary visas for that in addition to the years of proc- the H–1B visa program requires that highly trained workers hurt our ability essing delays, many immigrants must companies advertise for Americans to track and keep that talent and ulti- now wait several more years for a visa first and that they pay people who get mately jobs here in the United States. to be available. H–1B visas comparable wages with In other words, for all of those who We need comprehensive immigration what an American worker would make are concerned about outsourcing jobs reform in this country. We need to do so that there is no manipulation of this out of America to other countries more, a lot more, to strengthen our visa to pay perhaps a foreign worker ought to be in favor of this Judiciary borders, to make sure that we know far less and undercut the wages of

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.082 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12193 American workers. There are already ing the 1990s, I worked with colleagues are doing here and have a chance to protections built into our immigration on both sides of the aisle to pass Am- look at it and have a chance to vote on laws to make sure that doesn’t happen. trak reform. We got it done. It pro- it. In conclusion, I urge my colleagues vided some improvements in Amtrak. I assume there is broad support for a to vote against the Byrd amendment. It gave the Amtrak board some addi- national rail passenger system, includ- And I urge my colleagues to uphold the tional authorities, some of which they ing the Northeast corridor and for reconciliation bill, and vote it out as have used successfully and some of interstate rail service. But we want part of this package through the Budg- which they have not taken advantage some reform, too. That is why I am of- et Committee. of. I even said at that time I was con- fering it here so it can be considered, The PRESIDING OFFICER. The Sen- vinced they could become self-suffi- within reasonable time limits, and so ator from Mississippi. cient, that they could make enough our colleagues will have a chance to Mr. LOTT. Mr. President, parliamen- changes, they could make enough off take a look at it and actually express tary inquiry: What is the situation revenue that we would not have to con- themselves. I emphasize it was devel- now? I was told that we needed to call tinue to pass funds each year through oped with input from the administra- up an amendment at 3 o’clock. We are the appropriations project for Amtrak. tion, input we continued to include up ready to go on. Senator WYDEN, is he I now am prepared to admit that is until very recently. The Inspector Gen- commenting on the subject at hand? not going to happen. If we want a na- eral, Department of Transportation, Mr. WYDEN. Mr. President, that is tional rail passenger system, we have has been very helpful in this regard. correct. I want to propound a unani- to figure out exactly what we want, The bill makes a number of impor- mous consent request. how much are we willing to pay for it, tant reforms to Amtrak. There are Mr. LOTT. I withhold recognition. and how that will happen. I don’t think three major themes: reform and ac- Mr. WYDEN. Mr. President, I ask we can do it with appropriations bills countability, cost cutting, and creating unanimous consent once the Senate each year. We are going to have to funding options for States. By increas- has completed its business on this leg- think more broadly and be innovative ing executive branch oversight over islation for tonight to be able to speak in what we allow the Amtrak board to Amtrak, which they wanted and which for up to 45 minutes on the issue of bar- do. Some of the lines will probably I agree is acceptable, this bill ensures gaining power for the Medicare Pro- have to be shut down and some of the that taxpayers’ money is used more ef- gram to hold down the costs of pre- services curtailed. We have to make fectively. scription medicine. that decision. Under the current president, David Mr. GREGG. Reserving the right to In the appropriations bill that passed Gunn, Amtrak has made some improve- object, I have no problem, but there are a week or so ago, the Treasury, Trans- ments in its management but more a couple of folks we have to clear that portation, Housing and Urban Develop- needs to be done. They need us to give with. We will try to do that promptly ment appropriations bill, funds were them the authority to do that. Amtrak so we can arrange this. included and some small reform provi- must be run more like a business. This Mr. WYDEN. If the Senator from New sions. We have to go beyond that. We bill requires Amtrak to develop better Hampshire has given me his response, I have to have some broader reform. In financial systems and to evaluate its gather you would like me to hold off on fact, the administration has made it operations objective. It forces Amtrak my unanimous consent request. clear they will be in a position of hav- to improve the efficiency of long-dis- Mr. GREGG. I appreciate that; or if ing to oppose annual appropriations for tance train service. People are not we clear these, you do not have to Amtrak, the national rail passenger going to ride a long-distance train if stick around and we will make the re- system, unless we have some reforms. they are going to wind up arriving 12 quest for you. I started back in January trying to hours late to their destination. Some Mr. WYDEN. I appreciate the offer work through that and tried to see if people say we should cut out food serv- from the Senator from New Hampshire. we could get some reforms. I did what ice and sleeper trains. Are you going to When the distinguished Senator from I think is due diligence. I worked with get on a train traveling overnight from New Hampshire and the Senator from the ranking member on the Sub- Florida into Washington, DC, and not North Dakota have completed the proc- committee on Surface Transportation. have any food, not have a sleeper op- essing of the various amendments, I I worked with the chairman of the full tion? Maybe we will have to evaluate would like to have the opportunity to committee and the ranking member, that, but before we start cutting out speak for up to 45 minutes. Perhaps Senator STEVENS from Alaska and Sen- services, we need to see if we can’t find other colleagues will want to partici- ator INOUYE from Hawaii, and Senator other ways to be efficient and make pate on the question of holding down LAUTENBERG, my colleague from New Amtrak attractive. the cost of prescription medicine. Jersey, who is in the Chamber. We The bill reduces Amtrak’s operating I yield the floor. talked about what we needed to do. subsidy by 40 percent by 2011 by requir- The PRESIDING OFFICER. The Sen- We also reached out and talked to ing Amtrak to use its funding more ef- ator from Mississippi is recognized. the Amtrak board members, the In- fectively. The bill requires a greater AMENDMENT NO. 2360 spector General, the Secretary of role for the private sector by allowing (Purpose: To reauthorize Amtrak and for Transportation, we talked to labor, we private companies to bid on operation other purposes) talked to the users, and we started Amtrak routes. Some people have res- Mr. LOTT. I call up amendment 2360 moving toward developing some re- ervations about that. We have to think and ask for its immediate consider- form. We came to the conclusion of about ways we can provide better servation. what is in this amendment. It is S. ice at a savings. This is one area we The PRESIDING OFFICER. The 1516, the Passenger Rail Investment should consider. clerk will report. and Improvement Act. The bill was re- The bill also creates a new Rail Cap- The assistant legislative clerk read ported by the Commerce Committee in ital Grant Program States can use to as follows: July after having had hearings. By the start new intercity passenger rail serv- The Senator from Mississippi [Mr. LOTT] way, it passed with only one dissenting ice. As a matter of fact, there is a real proposes an amendment numbered 2360. vote. It is a bipartisan bill. It is ready need for this intercity passenger rail Mr. LOTT. I ask unanimous consent to be taken up by the full Senate. service within States. It is being done the reading of the amendment be dis- I tried to help the leader find time to in several States, being done pretty pensed with. have this legislation considered in reg- well, but in order to expand it we need The PRESIDING OFFICER. Without ular order, but have not been able to a program that specifically provides objection, it is so ordered. get it cleared. Because of the way the funds for it. This will not be the first (The amendment is in today’s Treasury-Transportation appropria- time the States will have a Federal RECORD under ‘‘Text of Amendments.’’) tions bill is written, I guess we could program they can use for passenger Mr. LOTT. I take a few moments to move to try to get this additional lan- rail. But it will be a very important talk about Amtrak and the intercity guage in the appropriations bill, but I improvement putting intercity pas- passenger rail. Several years ago, dur- would like the Senate to know what we senger rail on a similar footing with

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.083 S02NOPT1 S12194 CONGRESSIONAL RECORD — SENATE November 2, 2005 highways, transit, and airports—all of in the presentation. This is an impor- possible to give us the opportunity to which have Federal assistance through tant amendment. I ask unanimous con- have those who would speak on behalf infrastructure. Some people say, my sent we be allowed 30 minutes, minus of the amendment offset by any opposi- goodness, we cannot help Amtrak. Do the time the Senator from Mississippi tion, in an equal amount of time, to we help the highways? Do we help the has already used. give us 15 minutes to let the pro- airlines? If we want a complete system Mr. GREGG. Mr. President, that ponents make the case. of infrastructure and transportation, means there would be no time in oppo- We will try to be as brief as we can. America needs to include rail as well as sition. We will try to be as brief as we can, so highways and air. States do not want The PRESIDING OFFICER (Mr. MAR- we can develop high-speed service for to rely only on Amtrak for intercity TINEZ). That is correct. Amtrak and scoot along. rail service. Mr. GREGG. Obviously, when the The PRESIDING OFFICER. There is It is unusual to add this to a bill that amendment was structured, it was that 9 minutes 22 seconds in opposition. is intended to reduce the deficit. I ap- there be half the time in opposition Mr. GREGG. Mr. President, I suggest preciate the work that has been done. I and half the time for the proponents. we get started and have the Senator don’t want to delay it or encumber it, Right now there does not appear to be from Oregon speak for 71⁄2 minutes, and but time is running out. If we do not any Member here actively in opposi- then the remainder of the time will be get some reform to go with the money, tion. Senator SMITH would like to available to Senator LAUTENBERG and we may not be able to get the money. speak on the bill. I was thinking some Senator LOTT as they decide to divide Do we want Amtrak to wither on the of the opposition time could go to Sen- it. vine? Do we want it to die because of ator SMITH. The PRESIDING OFFICER. The Sen- our incompetence or failure to act? How much time does Senator SMITH ator from Oregon is recognized for 71⁄2 This is part of the process. desire? minutes. The administration has indicated it Mr. SMITH. I probably would not Mr. GREGG. Seven and a half min- will not support any funding for Am- need more than 15 minutes. utes. trak this year unless we do that. This Mr. GREGG. Fifteen minutes. Mr. SMITH. Mr. President, it is al- gives an opportunity to look at it and Mr. DODD. Will the Senator yield for ways difficult for Congress to save speak on it. I hope my colleagues will a further request? money. As the keepers of our Nation’s allow us to add this amendment to the Mr. GREGG. For the purpose of a checkbook, our main responsibility lies deficit reduction package. question. in allocating our resources where they I yield to Senator LAUTENBERG for Mr. DODD. Is it possible in some are needed most. Instinctively, we as any comments, unless the chairman order here after the Senator from Or- Senators like to send help to those who has some action he needs to take. egon, could I be heard for 10 minutes on are in need, improve our infrastruc- Mr. GREGG. If the Senator from Mis- the bill itself on another amendment? ture, and prepare for future crises. Yet, sissippi would allow me to inquire as to Mr. GREGG. I don’t think so, to be in order to adhere to our budget, we the time remaining. honest. It appears we do not have any are considering a reconciliation bill The PRESIDING OFFICER. The Sen- time, either, for Senator SMITH. that requires us to save a significant ator from Mississippi has 61⁄2 minutes Mr. CONRAD. Parliamentary in- amount of money. remaining. quiry: Who controls the time in opposi- While saving money during a time Mr. GREGG. I assume the Senator tion? when there is so much need in our from New Jersey will take the 61⁄2 min- The PRESIDING OFFICER. The ma- country is a very arduous task, the rec- utes. The Senator from Oregon wished jority manager controls the time in op- onciliation package we are considering to speak on the bill generally. It does position. today is not only fiscally responsible not appear there will be a number of Mr. CONRAD. The majority manager but also morally defensible. This is a people speaking in opposition. After controls the time in opposition and the bill that protects the less fortunate the Senator from New Jersey uses the majority manager is not in opposition. among us. It takes pains to preserve 6 minutes, I suggest yielding part of Mr. GREGG. The majority manager the vital safety-net programs that mil- the opposition time, should no one is going to control the time in opposi- lions of Americans rely on for such come in opposition, and I will yield tion. basic needs as feeding their families that to Senator SMITH from Oregon. Mr. CONRAD. I understand. and receiving proper medical care. That is not a unanimous consent re- I ask the manager, is there a way we The package before us represents the quest; that is a game plan. can perhaps parcel out the time in a work of five different committees and Mr. LAUTENBERG. Mr. President, way that would be acceptable to the contains many hard-fought com- what is the distribution of time? I manager? promises. As is true with most pieces thought we had 15 minutes. Mr. GREGG. I suggest that the Sen- of legislation, it is not perfect, espe- Mr. GREGG. You do, and you have 6 ator from Oregon can do his statement cially when considering the many in- minutes left. in approximately half the time, 71⁄2 terests involved in an undertaking of Mr. LAUTENBERG. Six of our 15? minutes. Is that possible? this size and complexity. Yet when you Was that the arrangement, I ask the Mr. SMITH. I will certainly try. consider the policies that are not in- Senator from Mississippi? I thought we Mr. GREGG. And we take the balance cluded in this bill, I believe even many had a clear 15 minutes on our side. and parcel it between the Senator from of my Democratic colleagues will have Mr. LOTT. I was under the impres- Mississippi and the Senator from New to agree that this bill represents a true sion we had 15 minutes on each side. I Jersey since they were already here. victory for our Nation’s poor because used about 9 minutes of our time and As for the request of the Senator we found efficiencies through govern- there is 6 minutes left, so I believe you from Connecticut, hopefully, there is ment and did so in a manner to protect have 15 minutes if you want to use it. another window coming along so we people from harm. I thought it was 15 minutes on each can hear the Senator’s concerns. In recognizing this victory for Amer- side. Mr. LAUTENBERG. How much time ica’s poor, I would be remiss if I did not Mr. GREGG. But I understand Sen- is still available to the proponents of thank Chairman GRASSLEY for his dili- ator LAUTENBERG is a cosponsor, so he the legislation? gent work in compiling this bill. He does not get 15 minutes. The PRESIDING OFFICER. Six min- managed to unite Members with di- Mr. LAUTENBERG. I am not hearing utes 22 seconds. verse views and goals, many of whom the Senator from New Hampshire. Mr. LAUTENBERG. Six minutes 22 were skeptical of the process. For this, Mr. GREGG. It is my understanding seconds. Chairman GRASSLEY is to be congratu- you are a cosponsor of the amendment. The PRESIDING OFFICER. The op- lated. Mr. LAUTENBERG. But I thought it position has 101⁄2 minutes. I also commend Leader FRIST for his was clearly understood. I ask unani- Mr. LAUTENBERG. We have several tenacious efforts to hold this delicate mous consent we have 30 minutes, ex- requests for time to speak on this agreement together and shepherd it cept for the time used already, divided amendment. I wonder whether it is not through the full Senate. The same can

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.085 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12195 be said for Chairman JUDD GREGG who were generated from the actual pre- ments are children and public hos- has, likewise, been patient with me and miums or copayments. Implementing pitals. Those facilities are on the front others and persistent in trying to ac- such a policy nationwide would result lines serving the people in need. complish this very important piece of in millions of Americans losing Med- We also rejected policies that would legislation. To be sure, it is quite a icaid coverage and joining the ranks of have abdicated the Federal Govern- challenge, but one which I am con- the uninsured and shifting the cost of ment’s responsibility to ensure certain fident we will succeed in achieving. their care to private insurance plans. levels of access and coverage for Med- Our greatest victory in this bill lies Another critical program the Senate icaid beneficiaries. Many of the Gov- not in what is included in the reconcili- protected from cuts—and for this I ernors support instituting broad au- ation package but what we succeeded must commend my colleague, Senator thority for States to restructure their in keeping out of it. While all compo- SAXBY CHAMBLISS of Georgia—is food programs by changing benefit packages nents of this bill are important, there stamps. According to a report released and eligibility standards. are two areas that if done incorrectly last week by USDA’s Economic Re- As a former president of the Oregon would have unraveled the very fabric of search Service, the number of house- State Senate, I am a staunch advocate our Nation’s safety net system—Med- holds nationwide that were food inse- of States being the test bed of inge- icaid and food stamps. cure increased to 11.9 percent, and nuity. Over the history of Medicaid, we Since March, I have worked with those who are considered hungry in- have seen numerous examples of States leadership to ensure that proposals increased to 3.9 percent. The major as- finding new and innovative solutions to tended to undermine the programs sistance received by these families make their programs more efficient were not included in this bill. I estab- comes through the Food Stamp Pro- and able to serve more people. In fact, lished five very straightforward cri- gram, which on average helped about Oregon’s creation of the Oregon Health teria on which to judge the package. 23.9 million people each month in fiscal Plan is just such an example of a suc- First, the $10 billion in savings the year 2004. It is also important to note cess. However, I feared that in a rush Finance Committee was instructed to that most food stamp recipients are to complete the budget reconciliation find would come from both Medicare children or elderly in poor families process Congress would simply provide and Medicaid; second, that any savings with a gross income of $643 per month. too much open-ended flexibility that achieved through policy would not im- Oregon has made bigger gains than ultimately would undermine the cor- pact beneficiary access or coverage any other State in the Nation in its nerstone of Medicaid—ensuring access under Medicaid; third, that we did not fight against hunger, drastically reduc- to a comprehensive benefit package for simply cost-shift to the States; fourth, ing its hunger rate. USDA’s report those with diverse health care needs. that food stamps should be protected showed that Oregon’s food insecurity That is why I worked to ensure that from reductions; and finally, that we rate dropped from 13.7 percent of these types of proposals are left for would not utilize flawed and unjustifi- households in 1999 to 2001 to 11.9 per- when we take a comprehensive review able policies that result in cuts to serv- cent for 2002 to 2004. The report further of the program that is based on a thor- ices for the poor to pay for spending on showed that Oregon’s hunger rate ough understanding of the implica- providers or people at higher income dropped over the same period from 5.8 tions. levels. percent to 3.8 percent—the biggest de- In developing this package, consider- When you review this package, I be- cline in America. Oregon’s policy ana- ation was given to Medicaid’s long- lieve you will agree with me that it lysts and food relief leaders believe term care program. It is unfortunate meets all of these principles. This rec- that the State’s aggressive food stamp that our Nation has not done more to onciliation bill protects our most vul- outreach is to credit for the decline in prepare for the needs of an aging popu- nerable and achieves savings by uti- Oregon’s hunger rate. By 2002, 81 per- lation. Medicaid currently is the long- lizing system efficiencies rather than cent of those eligible, or more than term care provider for most Americans, placing an undue burden on our poorest 427,000 Oregonians, received food regardless of their wealth. However, citizens. stamps—the highest rate in the Nation. some policies were put forward that I For instance, we did not put forward I am proud of Oregon’s achievement could not support. They would not cost-sharing requirements in Medicaid. and pleased this bill does not include have solved the problem, which is that While some of my colleagues will argue any cuts which would jeopardize the some people try to hide their assets so that the poor get a free ride under Med- tremendous progress we have made in they can be passed on to heirs upon icaid and Congress should require them recent years. their death. Rather, I believe they to contribute to their health care, We also excluded policies that, while would have succeeded only in penal- studies actually show this to be a fal- cloaked as a crackdown on fraud, izing unknowing seniors with limited lacy. In fact, according to the Bureau waste, and abuse, simply are known to money because of transfers they made of Labor Statistics’ Consumer Expendi- result in cost-shifting to States and with good intentions to some of their ture Survey, people with annual in- private plans. One such proposal is family members or charities. Instead, I comes under $20,000 contribute far called Intergovernmental Transfers or continue to advocate for reviewing this more toward their health care—15.2 IGTs. Some have argued we should system thoroughly and develop policies percent, to be exact—compared to draw a hard line in Federal statute to that encourage Americans to seriously Americans with annual incomes above prevent the use of IGTs. However, if plan for their long-term health care $70,000, who contribute just 2.6 percent. you step back for a moment and review needs. Only then will we truly address Additionally, because those who re- the rules presently governing these the growing challenge of an aging pop- ceive assistance through Medicaid have policies, you will find that the Centers ulation. such diverse needs, we should not as- for Medicare and Medicaid Services al- Many of us have worked extremely sume a one-size-fits-all policy will ready has the authority to enter into hard to craft a reconciliation package work for all States. In fact, looking at these types of agreements with States that is morally defensible and achieves the experience of my home State of Or- and to force States to change their ar- savings through sound policy decisions egon, it is clear that cost-shifting does rangements. In fact, CMS has required instead of arbitrarily cutting aid to not generate money to be reinvested 26 States to adjust their so-called IGTs those who need it most. By passing this into the system; rather, it acts as a to better reflect what CMS believes is bill as it stands we are sending a strong barrier to care. Now, this may be the appropriate and has just 7 others to go message that the U.S. Senate will fight objective of some. It is certainly not in which it wants to make adjust- vigorously for those who cannot fight my objective. ments. for themselves. The policies we adopt Following Oregon’s move to imple- I fear that by drawing a hard line on as they relate to Medicaid and food ment what they thought were modest this policy, we will remove CMS’s flexi- stamps will be and must be the basis premiums and copayments, the State bility to work with States to ensure for any reconciliation bill that is ulti- only saved money because 50,000 Orego- that access and coverage are not im- mately considered by this body. We nians lost Medicaid coverage. The pacted. After all, some of the biggest owe it to the American people to let State’s own research shows no savings recipients of aid from these arrange- them know that their Congress will not

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.087 S02NOPT1 S12196 CONGRESSIONAL RECORD — SENATE November 2, 2005 turn its back on our less fortunate citi- rail system, invested $9 billion in 2003 the Northeast corridor. While these zens. alone. And the benefits of their world- provisions were removed on the Senate Hubert Humphrey once said: class system are obvious to anyone floor, they were initially included be- The moral test of government is how that who travels there. We need a similar cause of strong interest in improving government treats those who are in the dawn world-class system in our country. Amtrak service and making the rail- of life, the children; those who are in the States are in need of Federal leader- road work better. twilight of life, the elderly; and those who ship to help make improved intercity We may disagree on how to reform are in the shadows of life—the sick, the passenger rail service a reality, but the Amtrak, but that is the motivation. needy, and the handicapped. infrastructure needs are prohibitive. And we turn to appropriations bills In light of this standard, the rec- Our amendment authorizes funding when there is no opportunity to con- onciliation package before us is a suc- for Amtrak’s capital needs, as well as sider a more comprehensive reauthor- cess and I offer it my full support. State grants for passenger rail. We ization bill. The PRESIDING OFFICER. The Sen- make a significant Federal investment Adding to the confusion, the Amtrak ator’s time has expired. in roads—$35 billion a year. By com- board of directors proposed their own Who yields time? parison, we spend almost half that reform package last spring. But since Mr. LAUTENBERG. The Senator amount on airports and air traffic con- then, the board has changed direction from Mississippi, I assume, yields time. trol towers. on some issues. For example, the board Mr. LOTT. Mr. President, I yield This bipartisan amendment will ulti- claimed in their reform package that such time as he may consume to the mately provide millions of Americans separating the Northeast corridor from distinguished Senator from New Jer- with more transportation choices. the rest of the railroad’s operations sey, provided it is not more than the So Mr. President, in the interests of would be too complex and would not time we have allocated. less congestion, lower fuel demands, improve operations. The PRESIDING OFFICER. The Sen- and an improved environment, I ask Then in late September, that same ator is recognized for 6 minutes. my colleagues to support the Lott-Lau- board adopted a resolution calling for Mr. LAUTENBERG. Mr. President, I tenberg amendment. the creation of a wholly owned sub- thank the Senator from Mississippi and With that, Mr. President, I yield the sidiary to manage the Northeast cor- commend him for the development of remainder of my time back to my col- ridor infrastructure. this amendment. league from Mississippi, should he need It is clearly time to pass a new reau- Mr. President, I rise to echo the sen- it. thorization bill and set out a com- timents of Senator LOTT, who serves so Mr. LOTT. Mr. President, parliamen- prehensive, steady policy for Amtrak. ably as chairman of the Commerce tary inquiry: How much time do we An Senator LOTT and Senator LAUTEN- Committee’s rail subcommittee. Like have remaining? BERG have introduced an excellent one. him, I believe it is critical that we act The PRESIDING OFFICER. One The Passenger Rail Investment and to improve passenger rail service in our minute 28 seconds. Improvement Act, S. 1516, was passed country. Mr. LOTT. One minute. Mr. Presi- by the Commerce Committee in July One of the lessons we learned on 9/11 dent, I have no requests for time. It is by a vote of 17 to 4. It has strong bipar- was that our Nation cannot afford to such a good bill and such a great tisan and broad geographical support, rely entirely on one mode of transpor- amendment, I just cannot believe there including Senators from Alaska to Ha- tation. When our aviation system shut would be any Senator who would rise waii and Delaware to Montana. down that day, Amtrak was able to re- to oppose it. The Passenger Rail Investment and unite thousands of travelers with their Mr. LAUTENBERG. Mr. President, I Improvement Act would reduce Am- families. We also saw chaotic evacu- would like to be as accommodating to trak’s operating subsidies by 40 percent ations during the recent hurricanes, the manager of the bill, the Senator but would also authorize capital fund- with motorists stuck in traffic for from New Hampshire, as I can be, so I ing for the States to invest in pas- hours, and those without cars left be- relinquish the floor. senger rail infrastructure. This is mod- hind. We need rail service to help move I relinquish the time. eled on the incredibly successful sys- our citizens to safety during emer- Mr. CARPER. I would like to thank tem we employ to support our highway gencies. Senator LOTT and Senator LAUTENBERG and airport infrastructure. And, of course, congestion isn’t just for working so hard to find a way for Through the Passenger Rail Invest- limited to our roads. The DOT has had this important legislation to be consid- ment and Improvement Act, we hope to cap the number of flights at Chi- ered by the Senate. The lack of author- Act, we hope to create a national rail cago’s O’Hare airport cutting 37 flights izing language governing Amtrak—and policy that allows Governors to make a day because of congestion. Even be- all the entities with oversight over the transportation decisions for their tween here and New York City, ground railroad—has lead to sporadic, unco- States based on what the State needs, delays can be as much as an hour, when ordinated, and often contradictory ac- rather than which mode of transpor- the flight itself is only 39 minutes of tions by the administration, the Am- tation is more highly subsidized by the air time. We all know flight delays and trak board of directors, and Congress. Federal Government. This is essential cancellations are common. Coupled The year began with the President if we are going to have an integrated with long security lines, they make air proposing to reform Amtrak through and efficient national transportation travel increasingly stressful. bankruptcy. Thankfully, this was an- system. If we give people a choice that is via- swered by strong support for continued I wish this legislation could have ble and reliable, many will choose rail. stable Amtrak funding in the House. been considered on its own. But it has Amtrak enjoyed record ridership last And here in the Senate, we have pro- been 3 years since the last authoriza- year—more than 25 million pas- vided $1.45 billion for the railroad in tion bill expired, and it is time Con- sengers—and about as many travelers fiscal year 2006, allowing Amtrak to gress prioritize our Nation’s passenger ride the train between here and New continue their capital improvement rail system. York City as fly. program. We need to move this legislation Other nations understand the impor- Much of this capital improvement quickly or continued confusion is like- tance of rail. Unfortunately, we have program is designed to bring the ly at Amtrak. This confusion reduces been lagging behind. I remember a Northeast corridor into a state of good the railroad’s ability to provide good NATO trip I took from Paris to Brus- repair. This is so badly needed because service, troubles creditors and riders, sels. There are 18 trains a day between the Federal Government has ignored leads to short-term decision making these two cities. The 210-mile trip its responsibility to maintain the cor- and deferred maintenance, and costs takes about 85 minutes. ridor for decades. the Federal Government more in the The Europeans aren’t any smarter There were also several authorizing long run. than we are. They simply have made a provisions in the transportation spend- I urge support for this amendment. smart investment in passenger rail. ing bill, including language addressing Mr. BURNS. Just a few weeks ago, Germany, with its modern, high-speed food service and State contributions to the Senate passed the Transportation

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.030 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12197 appropriations bill, which included tempted by this body and I commend thing: It would move the DTV transi- $1.45 billion in Amtrak funding. Senators LOTT and LAUTENBERG for tion date forward by 1 year, making This amendment today represents their hard work in putting it together. the completion date April 7, 2008, rath- the next step in continuing the fight to Amtrak and intercity passenger rail er than April 2009. This would accom- reform Amtrak in a way that preserves are critical elements of our national plish the crucial goal of providing first passenger rail as a necessary compo- transportation system, and it is time responders with critically needed spec- nent in our Nation’s transportation for Congress to devote the attention to trum one year sooner than is required system. Amtrak and passenger rail that we in the reconciliation bill. This amend- The Empire Builder, which runs have given to our airports, highways, ment, if adopted, could provide a great- through Montana, serves an important and other surface transportation er benefit to the American public than public need, and I appreciate the work modes. Amtrak’s critics and supporters perhaps any other provision in this of Senators LOTT, INOUYE, and LAUTEN- alike agree that it is time to reauthor- bill. BERG on developing this reauthoriza- ize the corporation so that Amtrak has We know that first responders’ abil- tion bill. Congressional guidance on how to pro- ity to communicate during times of This bill provides needed reforms to ceed with important reform initiatives tragedy can be literally a matter of life help Amtrak operate more efficiently needed to improve service, grow reve- and death for them and the victims of but does so in a way that enhances, nues, and cut costs. With time running natural and manmade catastrophes. rather than harms, existing service. out this year, adding our amendment This is a lesson that has been presented Amtrak is a key component of Mon- to this reconciliation package is prob- to us over and over again, well before tana’s infrastructure, and folks feel ably the only opportunity for the Sen- Katrina and even several years after 9/ pretty strongly about keeping the Em- ate to vote on this important proposal. 11. Yet to this date, we have not made pire Builder operational. Conservative Senate passage of S. 1516 will signal a commitment to allocate the needed estimates indicate that the Empire our commitment to strengthen and re- spectrum as soon as possible. Builder brings roughly $13 million an- form Amtrak to the House and the ad- Almost 10 years ago, a coalition of nually into Montana. ministration, and hopefully, lead to en- public safety groups issued a report Recently, Amtrak announced record actment of a reauthorization this year. asking Congress and the Federal Com- ridership numbers for the past fiscal Mr. LOTT. We yield the remainder of munications Commission for additional year—a trend we saw in Montana as our time, Mr. President. Good luck, first responder spectrum. In 1996, Con- well. Given the high fuel prices folks Mr. Chairman. You are going to need gress promised first responders would are facing these days, preserving alter- it. be provided with adequate spectrum for nate forms of transportation is even The PRESIDING OFFICER. The Sen- communications by December 31, 2006. more critical. ator from New Hampshire has 58 sec- However, shortly thereafter, Congress Amtrak continues to have wide- onds remaining. effectively reneged on that promise spread support throughout the country, Mr. GREGG. I appreciate the Senator and set a bar for its fulfillment that and Congress needs to ensure that Am- from New Jersey and the Senator from would be unobtainable for decades. trak remains a part of our Nation’s in- Mississippi being so concise and effec- During a hearing held just last year by frastructure. Part of Congress’s duty is tive in their arguments. the Senate Commerce Committee, to make sure that Amtrak is respon- The next amendment will be the then-chairman of the FCC, Michael sible with the Federal dollars it re- McCain amendment beginning at 3:30. Powell, predicted it could be even ceives. I suggest the absence of a quorum. ‘‘multiple decades’’ before the turnover The PRESIDING OFFICER. The This legislation provides important of spectrum to first responders under clerk will call the roll. reforms for Amtrak, including audits existing law. That provision, which re- on amenities like food and beverage The legislative clerk proceeded to call the roll. quired 85 percent of homes to be avail- service, and sleeper cars. On a train able for high-definition television, like the Empire Builder, those amen- Mr. GREGG. Mr. President, I ask unanimous consent that the order for would have effectively prevented the ities are critical. On other trains, analog spectrum from ever being re- maybe some changes can be made. the quorum call be rescinded. The PRESIDING OFFICER. Without turned, and that provision was never Each route needs to be evaluated for objection, it is so ordered. run through the Commerce Committee potential reforms. Mr. GREGG. Mr. President, con- that I was chairman of at the time. It Amtrak must work to reduce its reli- sistent with the prior discussion we was never debated or discussed. It was ance on Federal spending and improve had with the Senator from Oregon, I snuck into a bill by individuals at the performance across the board. This ask unanimous consent that after the request of the National Association of amendment today moves Amtrak in time has expired for this bill, which oc- Broadcasters. It could have been no one that direction, and I am pleased to be curs at 6 o’clock, the Senator from Or- else. That is a terrible way to do busi- a cosponsor. egon have 45 minutes as in morning ness. Unfortunately, more and more we I recognize that attaching author- business without the right to offer an are doing business by adding little izing language to the budget reconcili- amendment. lines into appropriations bills which ation is not the preferred method to The PRESIDING OFFICER. Without never see the light of day. move this bill. However, Amtrak needs objection, it is so ordered. I am sick and tired of it, and the to be reauthorized, and Congress must The Senator from Arizona. American people are sick and tired of do its duty to direct passenger rail re- AMENDMENT NO. 2370 it. We are sick and tired of all the ear- form. (Purpose: To move forward the date on which marks, and we are sick and tired of the So I hope that the Senate can agree the transition to digital television is to billions of dollars of pork-barrel spend- to include this amendment today and occur) ing that occurs. We are sick and tired take action on the important reforms Mr. MCCAIN. Mr. President, I send an of mortgaging our children’s futures. that Amtrak needs. amendment to the desk and ask for its I am, most of all, sick and tired that Mr. INOUYE. Mr. President, I rise immediate consideration. the National Association of Broad- today to speak in support of the Lott- The PRESIDING OFFICER. The casters is able to prevent this transi- Lautenberg amendment to add S. 1516, clerk will report. tion from taking place at the risk of the Passenger Rail Investment and Im- The legislative clerk read as follows: American lives, our bravest Americans, provement Act of 2005, to the Budget The Senator from Arizona [Mr. MCCAIN], our first responders. Reconciliation package. The Commerce for himself, Mr. SUNUNU, and Mr. ROCKE- I will tell you what the Fraternal Committee favorably reported this bill FELLER, proposes an amendment numbered Order of Police say: in July of this year, but we have been 2370. As Hurricane Katrina so clearly dem- unable to get floor time for its consid- On page 91, line 6, strike ‘‘April 7, 2009’’ and onstrated, the ability to communicate and eration. As I said during our markup, I insert ‘‘April 7, 2008’’. transmit information can often mean the dif- believe this is the most comprehensive Mr. MCCAIN. Mr. President, the ference between life and death. Congress reauthorization of Amtrak ever at- amendment would do one very simple should no longer delay public safety access

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.038 S02NOPT1 S12198 CONGRESSIONAL RECORD — SENATE November 2, 2005 to this spectrum. Every year we wait is an- get there first can’t talk to each other be- Here we are again, as we have been in other year too late. We cannot wait any cause radio communications don’t work. the past. All of the brave men and longer for Congress to deliberate over this They haven’t got enough of what’s called women who don’t stand to make a issue. Therefore, we ask you to support a spectrum. So there is a bill in Congress to penny from this transition. There is no transition date as close to December 31st, provide first responders spectrum. The bill 2006, as possible. has been sitting in Congress, nothing has revenue that accrues to the National Association of Chiefs of Police, to the That plea comes from the Congres- been happening and, again, people on the sheriffs, to all of the medical per- sional Fire Services Institute, the ground—police, fire, medical personnel— couldn’t talk to each other. That’s out- sonnel. They are not going to make a International Association of Arson In- rageous and it’s a scandal and I think it dime out of this. What they are going vestigators, International Association costs lives. to do is carry out their mission, which of Firefighters, International Fire I will repeat what Tom Kean, Chair- is to save lives. Service Training Association, National man of the 9/11 Commission says: It is their view and that of the 9/11 Fire Protection Association, the Na- That’s outrageous and it’s a scandal and I Commission and, frankly, that of any tional Volunteer Fire Council, the think it costs lives. objective observer that these people North American Fire Training Direc- I would like to have it earlier than are unable to save people’s lives be- tors, and the International Association 2008. I would prefer to offer an amend- cause of a lack of ability to commu- of Fire Chiefs. ment to set a date of 2007, as I did dur- nicate with each other, and the Na- Every day police, fire, and emergency per- ing the Commerce Committee’s execu- tional Association of Broadcasters is sonnel face communications problems due to again flexing its muscles to the point dangerously congested radio communica- tive session on this matter. Prior to tions systems. We need Congress to pass leg- that session, the Congressional Budget where it can very likely cost people’s islation to complete the transition to digital Office expressed concerns about the lives. So I hope for once when we go TV and free the spectrum for public safety revenue impact of that earlier 2007 home and talk about how much we sup- use. The lives of first responders and the citi- date. By the way, I don’t begrudge the port all these great public servants and zens we serve are at risk. Congressional Budget Office for ex- what a great job they do—our chiefs of That is signed by Chief Mary Ann pressing fiscal concerns about perhaps police, our sheriffs, all of the people Viverette, president of the Inter- not as much revenue as they can get. who guard us every day—maybe the national Association of Chiefs of Po- But is it revenue we are worried about best way we can show our appreciation lice. or people’s lives? The amendment to them is to approve this amendment Here we are, the lineup again, our failed very badly in the Commerce and get them the spectrum they need first responders, the brave men and Committee. However, I am informed in order to be prepared to save lives in women who put their lives on the line that a date of April 2008 would likely the event of another disaster. in defense of the lives of their fellow generate considerably more revenue I do not have a lot more to say on citizens who have already given their than the committee’s reconciliation in- this except that I ask for the yeas and lives, who have performed so magnifi- struction of $4.8 billion, much closer to nays on the amendment. cently, who want to be able to talk to the level of revenues expected under The PRESIDING OFFICER. Is there a each other, who want the spectrum the April 2009 date than the January sufficient second? freed up. And what do we do here in 2007 date that I proposed in committee. At this moment there is not a suffi- Congress? We delay it as long as pos- As such, this amendment’s 2008 date cient second. sible. It is disgraceful conduct on our should not raise any potential viola- At this moment there is not a suffi- part. tion of the budget rules. It is the best cient second. Let me tell you what the NAB says, option we have at this time. Mr. MCCAIN. Then I suggest the ab- the National Association of Broad- I have a memorandum from the fol- sence of a quorum. casters: lowing organizations in support of es- The PRESIDING OFFICER. The tablishing a firm DTV transition date clerk will call the roll. On behalf of America’s local television The bill clerk proceeded to call the broadcasters, I am writing to urge your sup- as soon as possible to clear the mega- roll. port for the digital transition provisions in- hertz ban for public safety use nation- Mr. MCCAIN. Mr. President, I ask cluded in the Senate reconciliation package. wide, the 700 megahertz ban: Associa- unanimous consent the order for the In particular, we are concerned about floor tion of Public-Safety Communication quorum call be rescinded. amendments that would harm television Officials, International; Congressional VIEWERS by either moving forward the hard The PRESIDING OFFICER. Without date or reducing the revenue allocated to as- Fire Services Institute; International objection, it is so ordered. sist consumers in making this transition. Association of Chiefs of Police; Inter- Mr. MCCAIN. Mr. President, I ask for Get it? ‘‘We are concerned about national Association of Fire Chiefs; the the yeas and nays on the McCain floor amendments that would harm tel- Major Cities Chiefs Association; Major amendment. evision viewers.’’ They are worried County Sheriffs’ Association; and the The PRESIDING OFFICER. Is there a about harming television viewers when National Sheriffs’ Association. sufficient second? Their memorandum is to Members of the heads of the policemen, the fire- There appears to be a sufficient sec- the U.S. Senate, dated November 2, men, all of the first responders, every- ond. 2005. Subject: DTV transition. body is worried about saving lives. So The yeas and nays are ordered. we are going to decide, again, whether The Senate Commerce Committee, in ad- Mr. MCCAIN. I thank the Chair. I dressing DTV transition, has set a hard date the National Association of Broad- yield the floor. of April 7, 2009 by which television broad- The PRESIDING OFFICER. Who casters carries the day or whether we casters must vacate the 24MHz of spectrum take care of those men and women who yields time? and the 700MHz band allocated to public safe- The Senator from North Dakota. literally are putting their lives on the ty. We applaud the efforts of the Commerce Mr. CONRAD. Could the Chair alert line every single day. Committee to address this critical issue. Now, Senator John McCain will introduce an us as to the time remaining? I have a quote here from Tom Kean, The PRESIDING OFFICER. The Sen- Chairman of the 9/11 Commission, con- amendment to set the date one year earlier— ator from Arizona has 61⁄2 minutes. The cerning his frustration and that of the April 2008. In 1997, as part of budget reconciliation, time in opposition is 21 minutes. 9/11 Commission, probably one of the Congress set December 31, 2006 as the date Mr. CONRAD. And who controls the most respected persons in America: for broadcasters to vacate the four television time in opposition? What’s frustrating is it’s the same thing channels allocated to public safety. The The PRESIDING OFFICER. The Sen- over again. I mean, how many people have to above listed organizations have sought ever ator from New Hampshire would con- lose their lives? It’s lack of communication, since to assure that date. Senators are well trol the time in opposition if in fact he our first responders not being able to talk to aware of the urgent need for this spectrum each other. . . . Basically it’s many of the to be made available, nationwide, to public is opposed to the amendment. things that, frankly, if some of our rec- safety and our quest for the earliest transi- The PRESIDING OFFICER. The Sen- ommendations had been passed by the tion date possible. Senator MCCAIN’s amend- ator from Arizona. United States Congress, could have been ment is an improvement in that regard, and Mr. MCCAIN. Mr. President, I would avoided. But on the ground, the people that it has our support. be prepared to set aside the pending

VerDate Aug 31 2005 02:49 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.098 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12199 amendment until such time as anyone fully two-thirds of the spending is on such a healthy way. But that debate else wants to come and talk on it or cruise control. I am encouraged we are will come later. Today we are talking that my time expires so the other making an attempt to rein in even a about the first deficit reduction bill Members may proceed with Senate modest amount of mandatory spending. since 1997. This is a major effort. It has business. This entire process is, indeed, a test of been 8 years since the Congress at- I ask unanimous consent that my the body’s willpower and integrity. Can tempted to exercise any discretion over amendment be set aside pending the ar- we manage to make a few hard choices mandatory spending. There should be rival of another Senator who may want today to protect the interests of our no illusions that this is a defining reso- to speak on this amendment. In the grandchildren? lution. We are not just defining this meantime, other Senators may be rec- Since 1974, Congress has passed 19 dif- Congress or our careers or the next se- ognized. ferent reconciliation bills, and 16 of ries of campaign commercials; we are The PRESIDING OFFICER. The Sen- those survived Presidential veto to be- defining the scope of policies that will ator from North Dakota. come law. Since 1990, reconciliation impact future generations. We must Mr. CONRAD. Mr. President, first I has been used three times to trim man- demonstrate that mandatory programs thank the Senator from Arizona for his datory spending. In 1990, mandatory are not destined to grow willy-nilly graciousness and indicate that there spending was reduced by $100 billion; and without thought for those who are Senators who have expressed an ea- the 1993 spending reconciliation cut $96 have to pay for them. gerness to speak, and what we have billion; and the 1997 bill, $118 billion We have heard a parade of state- been trying to do on both sides here is over a 5-year period. According to the ments these last 2 days that suggests fit in Senators as they come to the Congressional Budget Office, the bill there is simply no way to reduce these floor. So this may be a good time to before us today will reduce mandatory programs, that too many people are de- alert Senators there are a few moments spending by $39.1 billion from 2006 to pendent on these programs for them to here that would be available conceiv- 2010 and $108.7 billion from 2006 through undergo any sort of scrutiny. I say to ably until 4:15 if Senators on either 2015. By recent historical standards and my colleagues we are not only account- side want to come and have a chance to contrary to the doom and gloom of sev- able to those who benefit from these make a comment. Perhaps it is also a eral statements made today on this programs, but we are accountable to good time to alert Senators after this floor, this is a modest reduction, no those who work every day in America amendment we will go to the Murray matter how you slice it. to pay for these programs. We must be amendment on dual eligibles from 4:15 Once we adopt this reconciliation accountable to those who are on the to 5, the Ensign amendment from 5 to bill, we will be free to move on to do brink of entering the workforce, who 5:30, and the Landrieu amendment from the two other reconciliation bills al- will face a greater tax burden if manda- 5:30 to 6. lowed under this year’s budget resolu- tory spending grows unchecked. The With that, I yield the floor. I thank tion. One of those instructions will in- modest scope of this legislation sug- the Chair. Again I want to thank the crease the statutory debt limit, a move gests to me we can meet the myriad Senator from Arizona. I do not take lightly. The other of obligations to those drawing on these Mr. ALLARD. Mr. President, I also those reconciliation bills represents an programs while righting the fiscal ship. thank the Senator from Arizona for instruction to the Senate Finance Since 1997, we have made no sub- putting us in a position where the Committee to reduce the tax burden by stantive step to control runaway enti- Members can speak. I have not had an up to $11 billion in fiscal year 2006 and tlement spending. This year’s budget opportunity to speak on the bill as a up to $70 billion for the coming 5-year directed eight different Senate committees to take a stab at it through in- whole, so I would like to take time on period. that, and if someone shows up in oppo- This reconciliation bill will extend a structions totalling $34.7 billion in sav- sition to the amendment, I will yield variety of existing tax policies that are ings. The committees were free to find the floor to them to speak. very popular among the American pub- greater savings, and I am pleased to report that they did, to the tune of more Now that the amendment has been lic. For a change, I believe the popu- than $39 billion. All eight Senate com- laid aside, I rise today to speak on the larity of these tax cuts is reflected in mittees exceeded their instructions. pending business of the Senate, which this body and I believe we will find a This is no easy task and I commend the is the Deficit Reduction Omnibus Rec- way to extend these important provi- leaders of each of these eight commit- onciliation Act of 2005, which is an ex- sions. tees. tension of the budget resolution we While this is a debate we will have in The Agriculture Committee’s reduc- adopted earlier this year. the near future, I can’t help but ex- tion has been scored by CBO at ap- I am very pleased that we have a press my feelings about that tax rec- proximately $3 billion over the next 5 budget and cannot express enough how onciliation. America’s families are re- years. The package adopted by the important it is that Congress craft and lying upon us to extend these new tax committee leaves unchanged the struc- follow a fiscal plan every year. I have policies that have buoyed this economy ture of the farm program created in the long advocated for a fiscal plan that in- in recent years. When considering the last farm bill while achieving some cludes strict rules for controlling the global war on terrorism, the broad eco- savings in the farm commodity pro- appetite of big Government and reins nomic impact of Hurricane Katrina, grams. Conservation programs are in spending. We are beholden to the and the current cost of energy in this trimmed without impacting land- taxpayer and to future generations of country, one might expect the econ- owners’ or farmers’ existing contracts taxpayers. The annual budget process omy to be sluggish. Economic data sug- in any program. Agricultural research should reflect that responsibility. We gests the very opposite. It would be programs and the food stamps program must bear that in mind today as we de- foolish for this body to try to tinker are completely untouched. bate this very important piece of legis- with the policies that have put more The Banking and Housing and Urban lation before us. dollars in the pockets of America’s Affairs Committee portion of the bill is The 2006 budget resolution set forth a workers to save, invest, or spend. scored by CBO at a savings of $570 mil- reconciliation instruction for savings Some colleagues may disagree with lion. This legislation will streamline of $34.7 billion over the 5-year period of my assessment and with the desire our and simplify the Bank Insurance Fund the resolution. Congress has not at- citizens have to hold on to more of and the Savings Association Insurance tempted to restrain mandatory spend- their earnings. I look forward to taking Fund, combining the two entities into ing through reconciliation since 1997. part in that discussion in the future. the Deposit Insurance Fund. Additional As my colleagues are well aware, man- And that is a discussion for the future. provisions modify the policies of the datory spending represents the portion The resolution we have in the Chamber FDIC to reflect inflation and the grow- of the Federal Government that is on today is not a tax extension bill. The ing size of deposits by increasing the autopilot. Annual appropriators in the Senate must discuss and debate the retirement fund size the FDIC can in- House and Senate allocate funds ac- merits of raising the debt limit and of sure from $100,000 to $250,000. counting for roughly one-third of the extending the kinds of tax relief that Further, the Banking Committee has Federal Government’s expenditures as keep this economy humming along in included provisions dealing with the

VerDate Aug 31 2005 04:58 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.101 S02NOPT1 S12200 CONGRESSIONAL RECORD — SENATE November 2, 2005 Federal Housing Administration’s in- On the brink of the baby boomer re- programs by implementing State false ventory of defaulted mortgages. Today, tirement, that number is expected to claims acts, which at the Federal level in an effort to preserve a defaulted grow to more than 62 percent in 10 is the single most important tool tax- property as affordable housing, the years unless we can find the courage to payers have to recover the billions of FHA may sell the property at below- do something about it. The path we are dollars stolen through fraud each year. market rates. The foregone proceeds walking today is not sustainable. The Medicaid section of this act also from these sales may total $10 million As I have mentioned, this reconcili- includes some prescription drug repay- a year. This legislation will end FHA’s ation bill attempts to deal with this ment reforms. This has been a hot permanent authority to sell such prop- perfect storm by making minor adjust- topic in recent years, and I am pleased erties at below-market prices and au- ments to Medicaid and Medicare. CBO to see us take action. Under this bill, thorize funds to support the rehabilita- estimates that fiscal year 2005 outlays the average manufacturer price, AMP, tion of these properties. for Medicaid will total $184 billion. is redefined to reflect discounts and re- The Commerce, Science, and Trans- CBO’s estimate for Medicare in 2005 is bates available to retail pharmacies portation Committee section of this $332 billion, for a total between the and then uses that definition for pay- legislation has been scored at $5.98 bil- programs of more than $515 billion— ments to pharmacies and for the cal- lion by CBO. The bulk of these savings more than half a trillion dollars—for culation of best price. The legislation are generated by the auction of spec- fiscal year 2005. The estimated 5 year before us further defines the weighted trum recovered from broadcasters cur- cost of these two mandatory programs average manufacturer price, WAMP, as rently in the midst of the transition to is more than $3.4 trillion The Finance the basis for a new payment system for digital signal broadcasting. This spec- Commitee’s reduction in this legisla- these drugs and for a new Federal trum, a long held and used public re- tion is $10 billion. upper limit for multiple source drugs. source, will enhance public safety com- There is $3.4 trillion in mandatory These reforms go beyond what was munications and advance the long- spending reduced by $10 billion over 5 asked of the Finance Committee and awaited transition to DTV, or digital years. Our fiscal house is on fire, and reflect a commitment by this Senate to TV. Under this legislation, the FCC we are talking about taking a gallon of enact sensible reforms to better serve will be directed to auction licenses for water out of the river to fight it, and the public. I appreciate the efforts of this spectrum in early 2008 in anticipa- you would think we were drying up the the chairman and the Finance Com- tion of the full conversion to DTV in river. mittee on this matter. April of 2009. So the Finance Committee title of This legislation also makes a down- CBO scores the Energy and Natural this deficit reduction bill includes a payment to respond to the health care needs of low income families affected Resources Committee title of this leg- net savings that some members of this by Hurricane Katrina by providing $1.8 islation at $2.5 billion, achieved largely body are exaggerating to mean the end billion to protect Medicaid benefits in through the long-needed opening of the of services as we know them. What Alabama, Louisiana, and Mississippi. Arctic National Wildlife Refuge Coast- very few opponents of this bill are talk- These are among the important provi- al Plain area. Careful development and ing about is that in addition to this sions that will serve our Medicaid pop- production of oil and natural gas in savings there are some very wise ulation and the taxpayer in this bill— ANWR will increase our national secu- spending initiatives that will serve to and these are provisions being ignored rity and energy policy and do so with a make Medicaid and Medicare more re- minimal amount of impact on this re- by the other side. sponsive to the needs of those who de- Similarly, we see some commonsense mote region of Alaska. pend on them. As much as the doom The Secretary of the Interior is di- initiatives in the Medicare portion of and gloom set would like to talk about rected to implement an environ- this bill. Of primary interest is the one the deficit reduction we make in this mentally sound and competitive oil percent increase in the Medicare Phy- resolution, we must also discuss the and gas leasing program to ensure the sician Fee Schedule instead of a 4.4 per- improvement and preservation of Med- fair market value for the resources to cent cut in 2006. icaid and Medicare. be leased. I applaud the Energy Com- This is of paramount importance to While achieving significant spending mittee for its efforts. those individuals on Medicare because The Environment and Public Works reduction the Finance Committee lan- it provides incentives for physicians to and Judiciary Committees each con- guage also reduces wasteful spending stay with the system. We are staring tribute somewhat more humble yet im- and targets resources to improve Med- down the barrel of a punitive change in portant titles to this legislation. The icaid, achieving savings at both the the Medicare system in the form of a EPW portion, which is focused on the State and Federal level. These savings fee reduction that is corrected in this reform of the Equity Bonus Program, a will enhance our ability to serve vul- bill—that is good news for doctors and part of the overall highway program, nerable populations. The language con- great news for patients. For Members carries a CBO score $30 million. tained in this bill ensures continuity of of this body who represent rural popu- The Judiciary Committee title scores coverage for low income children by lations, there are some very important a deficit reduction of $578 million, shoring up funding for States facing provisions, including: an extension of largely through the recapture and sub- shortfalls in the State Children’s the hold-harmless provisions for small sequent sale of authorized but unused Health Insurance Program, SCHIP, and rural hospitals and sole community immigrant visas. expanding enrollment activities. This hospitals from implementation of the The lion’s share of savings in this bill will also expand Medicaid benefits hospital outpatient prospective pay- legislation is contained in the titles be- to encourage the parents of severely ment system, an extension of the Medi- longing to the Health, Education, disabled children to go to work and care Dependent Hospital program that Labor and Pensions Committee and the earn above-poverty wages while main- provides financial protections to rural Finance Committee. These provisions taining the services needed by their hospitals with less than 100 beds that also include those provisions that are child. have a greater than 60 percent share of probably most exaggerated or vilified This legislation also cracks down on Medicare patients, and an expansion of by the opponents of this package. fraud in Medicaid. This bill closes loop- coverage for preventative benefits According to CBO, the Finance Com- holes in current Medicaid law con- under Federal Qualified Health Cen- mittee reconciles a deficit reduction of cerning the transfer of assets to limit ters. This is good news. $10 billion over 5 years through a vari- circumstances under which persons The Health, Education, Labor and ety of complex and important changes may intentionally shelter assets in Pensions portion of this bill, which under Medicaid and Medicare. These order to qualify for Medicaid. contains a significant savings and def- two programs, combined with Social New requirements are included for icit reduction, accomplishes a great Security, make up the bulk of our States to apply partial month penalties deal of reform and enhances service mandatory obligations that currently and to accumulate transfers in com- similar to the Finance portion. This exist on autopilot. Today, mandatory puting the period of ineligibility. Lan- title contains significant savings and spending accounts for 56 percent of all guage in this bill creates useful new deficit reduction. CBO estimates a sav- Federal spending. tools for existing third party recovery ings of $9.8 billion, while priming our

VerDate Aug 31 2005 05:50 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.103 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12201 education infrastructure for the chal- with reforms and sensible reductions in of the amendment, if there is any time lenges of this new century. The Provi- spending. remaining. sional Grant Assistance Program con- We are running a deficit of $319 bil- The PRESIDING OFFICER. Senator tained within this bill provides ap- lion. The deficit, while much lower MCCAIN still has 51⁄2 minutes under his proximately $8.2 billion in grant assist- than last year’s, still represents our in- control. ance to Pell Grant eligible students ability as policymakers to make tough Mr. ALLARD. How much time do we studying math, science, technology, decisions. Our failure to address the need for opposition statements? We engineering and certain foreign lan- deficit, in this bill today and in the fu- have until 4:15 p.m. allocated for de- guages. This is a very exciting provi- ture, could have catastrophic con- bate on this amendment. sion that represents that ability of the sequences for this Nation. Every day The PRESIDING OFFICER. The Sen- HELP Committee and this Senate to we allow spending to grow, either ator from Colorado is correct. We will listen. The rest of the world is gaining through discretionary programs or proceed until 4:15 p.m. on this amend- ground on America’s sophisticated, through the unchecked growth of man- ment. There is 6 minutes in opposition, high technology work force. For dec- datory programs, increases our na- as we stand at the present time. tional debt. Today that debt stands at ades our technology and innovation Mr. SUNUNU. Mr. President, I ask about $8 trillion, the debt held by the has been the envy of the world and this unanimous consent that I be allocated public accounting for $4.6 trillion. This provision seeks to ensure that we will 3 minutes to speak in favor of the is a drain on our economy, and it gets continue to maintain that dynamic amendment and that the remainder of worse every day that we do nothing. edge. the time until 4:15 p.m. be reserved for A well-educated work force creates I would urge my colleagues to join me in supporting this good start. The those who wish to speak in opposition high-wage jobs and expands our hori- to the amendment. zons in every aspect of our culture. Deficit Reduction Omnibus Reconcili- ation Act of 2005 strikes me as being The PRESIDING OFFICER. Without Again, this is a provision opponents of objection, it is so ordered. this bill seek to ignore, refusing to be- the least we can do for future generations. In the coming weeks I hope we The Senator from New Hampshire is lieve that there are noble programs recognized for 3 minutes. among our sensible and necessary def- will continue this discussion. I hope we Mr. SUNUNU. To speak in favor of icit reduction provisions. will take seriously the harm we can do the amendment, which I cosponsor. That is an all too brief summary of by simply doing nothing. some of the provisions the eight com- I thank Chairman GREGG and the Mr. President, I rise in support of mittees receiving reconciliation in- members of the Senate Budget Com- this amendment which moves the date structions contributed to this legisla- mittee for all their hard work on this for returning spectrum that was allo- legislation. The bill before us today tion. The constant mischaracterization cated for the transition to digital tele- represents a tremendous amount of of this bill amazes me. I hope in some vision ahead by 1 year. So instead of work that began almost a year ago. As small way that I have been able to that spectrum being returned to the I mentioned at the start of my com- clarify some of these issues for the pub- Federal Government for use for other ment, this reconciliation deficit reduc- lic. purposes in April of 2009, it will be re- Under this bill, spending for low-in- tion legislation is a part of this year’s turned in April of 2008. budget plan, and I think it speaks to come students, families, and patients I think this makes sense for a num- the power and importance of having a will increase, and by no small margin. ber of reasons. First, it moves forward blueprint for our fiscal course. I look Without passage of this bill, more than this process of transition. We are tech- forward to working with the chairman $17 billion in loans, grants, sensible re- nologically able to make this transi- and with my colleagues to ensure that forms, and new programs to benefit tion. Many, if not most, of the facili- this legislation represents the begin- families, students, and patients dis- ties across the country are on a time- ning of new, fiscally responsible, ongo- appears. That is money to aid in the table to retrofit their equipment so ing agenda to address our fiscal respon- education of 5.3 million low-income they can broadcast using the digital sibilities. students. standards. It would certainly bring rev- Mr. President, the Senator from New That is money to make Medicaid eli- enue to the Federal Government, the Hampshire wishes to speak in opposi- gible 1.1 million low-income and dis- American taxpayers sooner because tion to the McCain amendment. Do I abled children. That is money for this spectrum that is available for auc- need to call up the amendment? tion could be auctioned earlier and 700,000 low-income children to continue The PRESIDING OFFICER (Mr. to receive benefits under SCHIP. Not then put into the public domain used COBURN). The Senator does not. The only is this bill not the end of the for new technologies, new products, for Senator from New Hampshire. consumer safety, and that would cer- world, it appears to me it is an enor- Mr. SUNUNU. Mr. President, first I mous reform and expansion of numer- tainly benefit consumers. But it also ask unanimous consent that the 45 provides a very real benefit to public ous programs. minutes allocated to Senator WYDEN It is a credit to the authors of this safety because moving this timeframe occur after the debate on the Agri- up by 1 year would ultimately make bill that there is still a gross savings to culture appropriations conference re- the taxpayer. Ninety percent of that the portion of the spectrum, about 20 port this evening. percent of the entire spectrum coming savings for deficit reduction comes The PRESIDING OFFICER. Without back, available for use for public safety from a reduction in Federal programs objection, it is so ordered. that either do not impact low-income Mr. SUNUNU. Second, Mr. President, sooner. I am sure this is a point that families or from receipts from the Fed- I would like to correct the record. I ap- was strongly emphasized by Senator eral Government’s business relation- preciate the Senator from Colorado MCCAIN in his remarks. ships. The remaining 10 percent in re- yielding to me, but I wish to speak in Those who support or oppose moving ductions represents a serious restora- support of the McCain amendment, of up this timetable would probably agree tion of fiscal responsibility in these which I am a cosponsor. One might this process has taken much longer programs—closing loopholes and pre- imagine Senator MCCAIN would be than anyone anticipated when it began venting the unscrupulous gaming of enormously disappointed if I came back in the early 1990s. I don’t think it the Medicaid system. down to speak against his amendment. serves the American people well to Before I yield the floor, I feel it is Mr. ALLARD. Mr. President, will the drag it out any longer. I am sure there important to remind my colleagues Senator from New Hampshire yield? may be some concerns about the pre- that this bill should be seen not as a Mr. SUNUNU. By all means. cise date, but I think once we set a landmark victory but as a good start. Mr. ALLARD. There is a certain date sooner rather than later, markets If we are to do anything to seriously amount of time in opposition and in will react, the companies that are pro- address the policy and entitlement bur- support of the amendment. I am not viding services will react, and public dens our children and grandchildren sure that we have it balanced. safety will certainly react because are likely to inherit we must start Mr. SUNUNU. Any time I use should goodness knows they can use the addi- today and must continue in the future be taken from time allocated in favor tional spectrum to meet the needs of

VerDate Aug 31 2005 04:58 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.044 S02NOPT1 S12202 CONGRESSIONAL RECORD — SENATE November 2, 2005 State, Federal, and local first respond- tion date of January 28. There has to be The PRESIDING OFFICER. The ers who are dealing with public safety time between the auction date and the clerk will report. needs every day. hard date to ensure that the commu- The bill clerk read as follows: I believe this is a commonsense nications capability is there, the set- The Senator from Washington [Mrs. MUR- amendment. I was pleased to support it top boxes will be there, and that a por- RAY] proposes an amendment numbered 2372. in committee, and I am pleased to sup- tion of the television spectrum re- Mrs. MURRAY. Mr. President, I ask port it on the floor. served for the first responders is going unanimous consent that the reading of I yield back the remainder of my to be the first date available. the amendment be dispensed with. time to those who are prepared to Moving this date is not going to The PRESIDING OFFICER. Without speak in opposition to the amendment. make it available sooner because of the objection, it is so ordered. The PRESIDING OFFICER. The Sen- time delay that will take place after The amendment is as follows: ator from Alaska is recognized. the auction on January 28. It is just (Purpose: To provide a 6-month transition Mr. STEVENS. Mr. President, I rise not physically possible to have a hard period for coverage of prescription drugs to speak in opposition to this amend- date that close to the auction date be- under Medicaid for individuals whose drug ment. This amendment puts what we cause of the time necessary to compute coverage is to be moved to the Medicare call a hard date only 2 months after the value of these offers, to go through prescription drug program) the January 28, 2008, auction required the process of accepting the high bids On page 188, after line 24, add the fol- by the bill. That is when the auction and having the people bring forth the lowing: money to assure they are sound. The SEC. 6037. CONTINUING STATE COVERAGE OF will commence. It is too soon to move MEDICAID PRESCRIPTION DRUG immediately to a hard date in April. whole concept of this bill has been to COVERAGE TO MEDICARE DUAL ELI- The auction could take weeks to con- maximize the return. GIBLE BENEFICIARIES FOR 6 duct, and even after it ends, there are The House date is December 31, 2008. MONTHS. several months necessary for the FCC Ours is April of 2009. We moved it there (a) SIX-MONTH TRANSITION.— (1) IN GENERAL.—Only with respect to pre- to decide to whom to award the final li- to get away from the Christmas season, to get away from things such as the scriptions filled during the period beginning censes. Without the licenses, new wire- Super Bowl. The longer it goes, the on January 1, 2006, and ending on June 30, less providers cannot build their sys- longer people will buy new digital- 2006, for, or on behalf of an individual de- tems, so a tremendous amount of spec- scribed in paragraph (2), section 1935(d) of ready televisions and will not have to trum would not be in use during this the Social Security Act (42 U.S.C. 1396u–5(d)) rely upon the transponders—the set- shall not apply and, notwithstanding any period of time. top boxes, we call them—that will be Importantly, the auction proceeds other provision of law, a State (as defined for purchased with this money. Our com- will not be available until the final li- purposes of title XIX of such Act) shall con- bination is, if we can get this bill tinue to provide (and receive Federal finan- censes are issued. That would mean passed this year, we will have Christ- cial participation for) medical assistance consumers would face having their ana- mas 2006, 2007, and 2008 before we get to under such title with respect to prescription log TVs shut off before the converter the point where we have to buy these drugs as if such section 1935(d) had not been box program could be implemented, as set-top boxes. The more sets sold to enacted. is suggested by our bill. American con- new purchasers, the less it will cost to (2) INDIVIDUAL DESCRIBED.—For purposes of sumers will have to pay more to watch paragraph (1), an individual described in this buy these boxes. paragraph is a full-benefit dual eligible indi- television if this amendment is adopted I do hope the Senate will see the wis- because the analog cutoff date Senator vidual (as defined in section 1935(c)(6) of such dom in what we have done. We are Act (42 U.S.C. 1396u–5(c)(6))— MCCAIN’s amendment requires is pre- working closely with House Members (A) who, as of January 1, 2006, is not en- mature. on this issue. We believe we will reach rolled in a prescription drug plan or an MA– The General Accounting Office and an accommodation on the time, and it PD plan under part D of title XVIII of the the Consumers Union estimate there will be a 2009 date. Social Security Act; or are 20 million U.S. television house- I urge the Senate not to adopt the (B) whose access to prescription drugs that holds that rely upon over-the-air recep- McCain amendment because it will de- were covered under a State Medicaid plan on tion for their television signal. Broad- stroy the process we are in, a very cal- December 31, 2005, is restricted or unduly casting systems are ready to convert, culated process of ensuring that the burdened as a result of the individual’s en- auctions take place, and then following rollment in a prescription drug plan or an but we cannot get this done until we MA–PD plan under part D of title XVIII of have the converter sets so they can those auctions, there is enough of a pe- such Act. continue to watch their TVs. Their old riod to satisfy the goal of raising the (b) APPLICATION.— sets will not respond to the converted money in order that we may get to the (1) MEDICARE AS PRIMARY PAYER.—Nothing signal. Over-the-air reliant households total transition through the set-top in subsection (a) shall be construed as chang- disproportionately represent America’s boxes, 8911, interoperability, and all ing or affecting the primary payer status of most vulnerable. Low-income senior the things that follow in the amend- a prescription drug plan or an MA–PD plan citizens are disproportionately depend- ment. For those who read our amend- under part D of title XVIII of the Social Se- curity Act with respect to prescription drugs ent on over-the-air TV; 43 percent of ment, it is partially amended by the McCain provision. furnished to any full-benefit dual eligible in- Latino households rely solely on ana- dividual (as defined in section 1935(c)(6) of log television; and African-American I don’t know if there is anyone else such Act (42 U.S.C. 1396u–5(c)(6)) during the households are 22 percent reliant. to speak in opposition, but I urge the 6-month period described in such subsection. We have picked this date based upon Senate not to adopt the amendment. (2) THIRD PARTY LIABILITY.—Nothing in the recommendations of the Congres- Mr. President, is there any time left? subsection (a) shall be construed as limiting The PRESIDING OFFICER. There is sional Budget Office to maximize the the authority or responsibility of a State 2 minutes remaining. return from the sale of the spectrum. It under section 1902(a)(25) of the Social Secu- The Senator from Colorado is recog- rity Act (42 U.S.C. 1396a(a)(25)) to seek reim- is money that is necessary.That is why nized. bursement from a prescription drug plan, an this portion of the bill is here—to raise Mr. ALLARD. Mr. President, I don’t MA–PD plan, or any other third party, of the money. believe there is anybody left to speak costs incurred by the State in providing pre- To the extent the money is not used on the McCain amendment. I ask unan- scription drug coverage described in such for consumer boxes, a provision in our imous consent that we proceed to the subsection. bill requires all money not used raised Murray amendment. Mrs. MURRAY. Mr. President, I ask by the spectrum goes to reduce the def- Mr. STEVENS. I yield back the re- unanimous consent to add Senators icit. It is a major deficit reduction con- mainder of the time. ROCKEFELLER, BINGAMAN, KENNEDY, cept. Having the hard date out to 2009 The PRESIDING OFFICER. Without CLINTON, and LAUTENBERG as cospon- is going to raise more money. We need objection, it is so ordered. sors of this amendment. that additional money to add to the The Senator from Washington. The PRESIDING OFFICER. Without interoperability portions of the rec- AMENDMENT NO. 2372 objection, it is so ordered. onciliation bill before us. Mrs. MURRAY. Mr. President, I send Mrs. MURRAY. Mr. President, I have The April 7 date is simply too close, an amendment to the desk and ask for some serious concerns about the budg- as I said in the beginning, to the auc- its immediate consideration. et that is now before us.

VerDate Aug 31 2005 04:58 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.104 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12203 To make our country strong again, Taking something away from those that bill will prohibit States from providing we need to invest at home. What I see need it the most . . . is not the American this extra help these people need. In- in this budget is a $35 billion cut from way. stead, what it does is take these people America’s priorities, and I see that it I could not agree more, and that is and move them into this new Medicare will burden our children with a massive why today I am offering this amend- Program alone, which will require of debt. ment on this budget bill. them higher out-of-pocket payments I am especially concerned this after- I have a lot of concerns with the and will probably cover fewer drugs. noon about what this bill will do to our Medicare prescription drug law. I was To me, it does not make sense to most vulnerable in this budget and in one of those who voted against it in take away the good coverage these vul- the new Medicare prescription drug 2003 because I think seniors deserve nerable families have today, force plan that is going to be implemented better, and I think America can do bet- them into a program that might not very soon. ter for our seniors. I am very concerned meet their needs, charge them more This budget cuts $27 billion from about the complexity. I am concerned money in the process and then prohibit Medicaid. That is a health care pro- about the coverage gap, and I am con- our States from helping out these most gram, and it is a safety net for our cerned about whether needed drugs will vulnerable residents. It does not make country’s most vulnerable and sickest. actually be covered. I am concerned sense, but that is exactly what this I think that cutting their health care about the retirees who are losing the new drug program will do, unless we fix is the wrong thing to do. good coverage they have today, and I it before January 1. As I look ahead to this new Medicare am concerned about the late enroll- In fact, the new Medicare prescrip- prescription drug law, I see a time ment penalty that is going to punish tion drug program changes the cov- bomb that is ticking for more than 6 seniors who need more time to pick the erage for our most vulnerable families million Americans. A time bomb is right plan for themselves. in five ways: First, it is going to im- ticking for our communities and for I am working with many other Sen- pose higher costs, higher premiums, co- our health care providers. That fuse is ators to address those specific con- payments, and deductibles. These are set to detonate on January 1, 2006, in a cerns. Today, the most urgent problem our low-income families. They do not few short months. We cannot stand by is the way that this new Medicare pre- have the extra dollars. and let low-income seniors and the dis- scription drug law treats our most vul- Secondly, it is going to cover fewer abled lose their drug coverage. We can- nerable: People with low incomes, the drugs. Those drugs that they rely on not leave doctors, hospitals, and nurs- disabled, and those who face serious right now for their health care, their ing homes unprepared for the biggest medical challenges such as AIDS. mental health, may not be covered in change in decades, and we cannot push This Medicare prescription drug law the plan they are randomly assigned hundreds of thousands of people who takes away the critical drug coverage to. need care on to our local communities. that these people have today and puts Third, it blocks our States from pro- We cannot wait. We need to fix this them into this new program that could viding extra help as they do today, and problem today. That is why I am offer- charge them more money in exchange our States are the end here. They are ing this amendment. I have been work- for less drug coverage. If they do not the ones who are going to see the falling with Senators ROCKEFELLER, sign up for a plan, they are going to be out if these people do not get the pre- BINGAMAN, and NELSON to address this randomly assigned one. Either way, the scriptions they need. immediate crisis, and I want to thank prescriptions they need may not be Fourth, it provides no transition pe- them for their leadership. covered. Because these are Americans riod to make sure that these low-in- I have also introduced my own bill to who are living on the financial brink, come residents do not face gaps in protect our most vulnerable. It is an interruption of their drug coverage their coverage. called the Medicare HEALS Act, S. or a new copayment could keep them Finally, it penalizes people who sim- 1822. I have been traveling around my from getting the drugs they need to ply need more time to understand and home State of Washington this past live. These people who are being af- pick the right plan for them. These are month and meeting with people in Se- fected do not know this is even going real people that we are talking about. attle, in Lakewood, Yakima, out in Ab- to happen to them. Their doctors and I am going to introduce two of them. erdeen, and Olympia. Everywhere I their pharmacists do not understand it Earlier this month in Seattle, I met have gone they have been angry, con- and this entire mess is going to burst a woman named Kathryn Cole. She is fused, and very worried and with good into the open on January 1, a few short 36 years old. She is disabled, and she is reason. Here are some of the concerns I weeks away. living on Social Security disability. heard. One senior told me: This Senate needs to take action now She fills about 15 prescriptions every Everyone I have talked to is totally con- so we can prevent this catastrophe, month. Her monthly income is $757. fused—my doctor, my pharmacist, even the which is just a few months away. To That is what she lives on. Well, she Medicare number you are supposed to call. understand this problem, let us look at told me: Even if this copay were only Another said: how our most vulnerable are getting $5, that adds up to $75 a month out of If we can’t understand this, this whole plan their prescription drugs today and how her $757. She said: is going to fail. that is about to change. I don’t have that kind of extra money to Everywhere I went, people were con- Today, about 6.4 million Americans squeeze out of my budget. fused. There were questions I could not with low incomes get help from two Kathryn looked at me and she said, answer. When I turned to the doctors programs: Medicare at the Federal which week am I not supposed to eat? sitting next to me, they did not know level and Medicaid at the State level. People like Kathryn across this coun- the answer and neither did the phar- These individuals are what we call in try today are living on the financial macists or the patient advocates that Washington, DC, dual eligible because edge. They cannot afford to pay more were there with us. they are eligible for assistance from for their medication. That is what If Senators, doctors, and experts do both Medicaid and Medicare. America is about, making sure that the not understand this bill, how can we What Medicare does not cover, States least among us are able to succeed in expect an 80-year-old person with seri- cover. For example, since the Federal this country. Kathryn is one of those ous medical problems to understand program did not cover prescription people. this complicated new Medicare pre- drugs, the State programs filled that In Olympia, in my State, I met a man scription drug plan? We cannot. So I gap. This State coverage is often called named William Havens. He is 50 years believe we need more time and more wraparound coverage, and it is very old, and he is living with HIV/AIDS. He resources to make this work. critical for these vulnerable families. takes 43 pills a day. William told me: One person I met with said: As a result, these individuals got the For the first time I realize I’m going to Please give us more time, give us the drugs they need, often without copay- have to make a choice between pills and chance to understand this so we don’t make ments or deductibles. food. a mistake when we sign up. Now there is a big problem coming on It is outrageous that this Medicare One panelist said to me: January 1. The new prescription drug prescription drug law is going to make

VerDate Aug 31 2005 04:58 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.106 S02NOPT1 S12204 CONGRESSIONAL RECORD — SENATE November 2, 2005 life so much harder for these people sorted out. So we are going to see a announced it is going to be sending a that I have met, such as Kathryn and huge impact at our pharmacies, and we mailing to 86,169 dual eligibles in my William. are already hearing about it from home State of Washington. But accord- In addition to hurting these people, them. ing to the numbers I got from my this new drug program, if enacted the Doctors are going to be on the front State, there are actually 95,000 of these way it is right now, is going to hurt line. Doctors are going to have to know dual-eligible patients. So somehow our health care system. It is going to which drugs are on the formulary, and 8,831 vulnerable people are not being have a costly impact on our nursing they may need to help their patients counted. They are not going to get a homes, our doctors, our pharmacists, appeal any denials. I remind my col- letter. They are not going to get signed and our hospitals. leagues, most of the plans out there up for a plan. They are going to get Many of these dual-eligible individ- right now do not have a formulary. So lost in this transition, and on January uals live in nursing homes. Nursing people who are looking at this and 31 they will have no drug coverage. homes are going to have to navigate making conscious decisions about That is exactly why I am offering this through all of these new plans. In my which prescription drug plan they are amendment and telling my colleagues home State of Washington, there are at going to sign up for cannot make a rea- that we need to have a transition pe- least 14 of these new plans that the soned decision yet because they do not riod to allow this to work. dual eligibles are going to be assigned. even know which plans cover what I urge my colleagues to support this Each one of these plans has different drugs. So doctors are telling us that amendment and give our most vulner- costs and different formularies. Nurs- they are going to have a real challenge able a few extra months to make sure ing home managers are going to have as they try to help their patients work they do not get lost in this transition. to see which plan their patient has and their way through these plans to make This is a life-or-death issue for many if the needed drugs are covered. sure that their plan covers the pre- people. We cannot rip away the last re- In Olympia, I met with a doctor scriptions that are actually given to maining safety net for these people. We named David Fairbrook. He is in pri- them. owe them at least this one very small vate practice, and he is also the med- One doctor I met with told me if doc- fix. Time is running out. On January 1, ical director at two of these skilled tors do not have the information they millions of vulnerable Americans are nursing facilities. He cares for about need on this yet, if their patients pick going to be forced into a new system 150 patients. He is very concerned the wrong plan and their medicine is they do not understand and that does about his patients being randomly as- not covered, it can have serious med- not meet their needs. I believe we can signed to plans that do not meet their ical harm. avoid this train wreck. People’s lives medical needs. He said patients may be Hospitals are also going to be im- are hanging in the balance, and I urge denied needed drugs. They could be pacted by this. They are going to have my colleagues to at least allow these forced to change their medications, and to navigate all of these new plans that people who are dual eligible a transi- they could very well face a time-con- are being offered. They are going to tion period so they are not lost as this suming, stressful appeals process. have to deal with patients who have plan is implemented. Dr. Fairbrook predicted to me that not been able to get their prescrip- I retain the remainder of my time. there is going to be chaos for nursing tions. In fact, for many of these poor Mr. ALLARD. I yield 10 minutes to staff regarding coordination of mul- families, the only place to get needed the Senator from Utah. tiple suppliers, further duplicating medicine is going to be the emergency The PRESIDING OFFICER. The Sen- their paperwork and documentation re- room, and that is going to increase the ator from Utah is recognized for 10 quirements. Chaos, he called it. There cost of health care for all of us. minutes. is a tremendous new administrative So this new drug law is going to im- Mr. HATCH. Mr. President, 98 per- burden for understaffed and under- pose an expensive and confusing admin- cent of all drugs are covered by the funded nursing homes and care pro- istrative burden on doctors, on phar- Medicare Modernization Act. And HIV/ viders. macists, on hospitals, and on nursing AIDS drugs are covered. So I am hav- In addition, unless we act, this new homes. I think we can do a lot better ing trouble understanding the need for program is going to make the work of than this. My amendment simply says this amendment. It makes no sense for our pharmacists across the country a let us fix this problem before people re- dual eligibles to have coverage for pre- lot harder. Pharmacists, as we all alize that they cannot get the prescrip- scription drugs in both the Medicare know, are literally going to be on the tions that they need. and Medicaid Programs. front lines. They are going to be forced The Murray-Rockefeller-Bingaman I have listened to the arguments the to deny coverage to these patients. amendment simply provides a 6-month proponents of the amendment have CMS is telling us that pharmacists will transition for low-income, dual-eligible used, primarily that the new Medicare be able to look up and see what plan beneficiaries. It does not delay the im- prescription drug benefit will be very someone has randomly been assigned plementation of the Medicare Part D confusing to those beneficiaries who to so when one of these patients comes Program. It simply gives States, CMS, are used to having their coverage into their pharmacy and says, I do not and the Social Security Administra- through the Medicaid Program. I per- know who is covering me now, they are tion 6 more months to ensure that all sonally believe providing coverage supposed to be able to look it up and of those who currently have access to through both programs will make it tell them. prescription drugs through Medicaid or much more confusing for beneficiaries. Frankly, given all the errors and who are eligible for Medicaid assist- Instead of helping these vulnerable sen- mistakes that CMS has made so far, I ance are not lost in this transition. iors, I believe the Murray amendment do not have a lot of confidence that Surely we can at least do that for would confuse them and not provide this is going to be a flawless transition. these people. the help they need with their drug cov- Remember, these people whom we are According to CBO, this amendment erage. talking about do not have a financial could cost $130 million over 5 years. I CMS is there. They will help. They cushion. So if they go into the phar- say that is a very small price to pay know what to do. They are there for macy and all of a sudden they find out, when we are talking about the lives of these people. We have provided they much to their surprise, that they have 6.4 million Americans. In this budget, would be there. to have a copay of $5 per prescription we are being asked to cut $27 billion In addition, I don’t understand why or more, they are living on fixed in- from health care for the poor. I think these beneficiaries would need a Fed- comes, they do not have an extra $20 or it is worth spending less than 1 percent eral match for Medicaid coverage be- $30 to say, fine, okay, I will pay this. of that amount to make sure our most cause they cannot navigate the excep- They will turn away from the phar- vulnerable do not lose their drug cov- tions process or the transition process. macy counter, and they are not going erage in this transition. If an individual has problems with his to have the funds to pay for their drugs Today we got another example of or her drug coverage, there will be help now and get reimbursed later when how easily our most vulnerable can fall available to them through CMS, con- some kind of paperwork system gets through these cracks. Just today, CMS gressional offices, State government

VerDate Aug 31 2005 04:58 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.107 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12205 agencies, and community organizations drugs will be covered. They will not they would have to be people who are such as the AARP that is so strongly have to choose, as has been stated here, very isolated. I know CMS is taken behind this bill. There is no need for between having enough food to eat and through the mail, and presumably ev- duplicative drug coverage. drugs. That is one of the things we erybody has an address that gets mail. I might add, if I am not mistaken, I tried to take care of when we did the We have taken very good care to make think the distinguished Senator from Medicare Modernization Act. Saying sure people are notified through the Washington supported the Rockefeller that you have to choose between food mail. If there is one place where there amendment to the Medicare prescrip- and drugs is not only wrong, it unfairly might be a problem, that is the extent tion drug bill that we fought so strong- scares our senior citizens, and it con- to which States might not have every- ly over, that is now law. This par- fuses them. As I said at the beginning body in their files. But I have even ticular amendment would have had the of my remarks, 98 percent of all drugs been satisfied that CMS has been work- duals’ drugs covered by Medicare, not are covered, and that includes HIV/ ing on that problem for a long period of Medicaid—this was included in the AIDS drugs. time. Medicare Modernization Act of 2003. I In fact, beneficiaries can use the plan So because we have thought about don’t know what brought about the finder tool to find plans that cover spe- these things, I rise to oppose the change of mind. cific drugs. amendment by the distinguished Sen- CMS recognizes the transition from I want to clarify one thing. Seniors ator from Washington. Medicaid drug coverage to Medicare is who are dual eligibles will receive their When we worked on the Medicare enormous and has been diligently Medicare drug coverage on January 1, Modernization Act, which established working to ensure the process for bene- 2006. It is not true they will not be cov- this drug benefit program, every State ficiaries is as quick and efficient as ered. They will be covered, and they Governor wanted beneficiaries who possible. Protections are in place to en- will receive their drug coverage. That have Medicaid and Medicare coverage, sure that no full-benefit dual-eligible is what this bill is supposed to do, and dual eligibles, to get their prescription beneficiary will go without coverage that is what it will do. drugs through Medicare. when the new Medicare prescription I hope our colleagues will vote this Members of both sides supported this drug benefit starts on January 1, 2006. amendment down because I think it approach. They said Medicare has been All Part D plans that CMS approves not only confusing to seniors, but a universal benefit, available to all must meet strict Medicare regulations frankly, the way the benefit is devised beneficiaries since its inception. The and standards guaranteeing that Medi- by CMS, beneficiaries should be able to Medicare drug benefit should then be care beneficiaries receive drug cov- get all the drug coverage they need. no different. erage that best fits their needs. I yield the floor. Those who supported covering dual Part D plans are required to have a The PRESIDING OFFICER. Who eligibles under the Medicare drug ben- coverage determination process which yields time? efit noted that these beneficiaries includes an exceptions process and ap- Mr. GRASSLEY. Mr. President, I would have nothing, no prescription peals processes that provide enrollees seek time, but I do not have the au- drug coverage, if a State chose to end with opportunities to challenge the ex- thority from the floor manager. its Medicaid prescription drug benefit, clusion of a particular drug from a The PRESIDING OFFICER. Who which it could do. As Senator HATCH plan’s formulary. Each plan must have yields time? said, we even considered an amend- a procedure for making timely cov- Mr. GRASSLEY. Mr. President, I ment, supported by 47 Senators, to erage determinations on standard and yield myself 10 minutes. make the benefit available to all Medi- expedited requests made by enrollees. The PRESIDING OFFICER. There is care beneficiaries, including Medicare Plans must also make their determina- 17 minutes left in opposition to the beneficiaries with Medicaid coverage. tions as expeditiously as an enrollee’s Murray amendment. For those of us who ultimately sup- health care condition requires, but no Mr. GRASSLEY. I will yield myself ported this approach in the final bill, later than 24 hours for expedited deci- 10 minutes of that. did we think that we could just wave a sions involving enrollees who will suf- The PRESIDING OFFICER. Without magic wand to make the transition fer from serious health conditions, and objection, the Senator from Iowa is happen? As I said, we did not think 72 hours for standard decisions. recognized for 10 minutes. that. Transitions like this are not These formulary and appeal proce- Mr. GRASSLEY. Mr. President, first easy. We knew that. The Centers for dures are in place to ensure that there of all, I want to make very clear, re- Medicare and Medicaid Services, the are no instances where a beneficiary is garding some of the concerns that have agency responsible for making this in need of a drug and cannot get it. been expressed in support of this transition happen and administering To address the needs of individuals amendment, I thought we took them the program over a long period of time, who are stabilized on certain drug regi- into consideration 2 years ago—did knew it would be a big task to transi- mens, Part D plans are required to es- take them into consideration in their tion all those folks into Medicare. tablish an appropriate transition proc- policy. I think now that things are That is why the agency started work- ess for new enrollees who are rolling out I am even more confident of ing on a transition plan—with States transitioning to Part D from other pre- what we did. So that would apply also and advocacy groups—more than a scription drug coverage and whose cur- to the issues raised here, whether or year ago. In May, the agency issued a rent drug therapies may not be in- not beneficiaries have the ability to 44-page strategy for transitioning this cluded in their Part D plan’s for- make decisions about their care, the group of beneficiaries into the Medi- mulary. Additionally, this amendment type of plan they want to be in. care drug benefit. That strategy lays presents an unfair situation for States We knew beneficiaries would need to out in great detail the steps that the who have already agreed to pay have good resources to learn about the agency will take to ensure continuity ‘‘clawback’’ payments to the Federal benefits. We have, for instance, a State of coverage for this vulnerable group of Government. By mandating that State Health Insurance Information Program beneficiaries. Medicaid Programs also pay for drugs, that has counselors who can provide First and foremost, these bene- we would essentially increase the fi- one-on-one counseling. CMS has devel- ficiaries will be assigned to a Medicare nancial burden on the States. oped a network of community-based or- prescription drug plan with their cov- I hope our colleagues will not vote ganizations to do the same thing. erage effective on January 1st. Folks for this amendment. In all honesty, AARP is holding meetings—all over refer to this as auto-enrollment. This when we talk about the issue of choos- the country, I believe, but I see them process will prevent any gap in cov- ing between food and drugs, the Medi- noticed in our newspapers all the time. erage for these beneficiaries. The agen- care Modernization Act provides a sub- It seems like a massive number of cy worked with States to develop lists stantial subsidy for low-income seniors meetings that my senior citizen con- of dually eligible beneficiaries. These for their drug coverage. These seniors stituents have gone to. lists have undergone rigorous scrutiny will not have to choose between food Do I think nobody could fall through to ensure their accuracy and complete- and drugs, basically because their the cracks? Perhaps so. But I think ness.

VerDate Aug 31 2005 04:58 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.109 S02NOPT1 S12206 CONGRESSIONAL RECORD — SENATE November 2, 2005 Letters informing beneficiaries about Now is not the time to change the Mrs. MURRAY. Mr. President, I will the upcoming changes went out today. provisions. Letters have gone out to have more to say on this issue, but I It clearly states that beneficiaries beneficiaries. Plans have submitted would like to use my remaining time should choose a plan, but if they don’t, their proposals to the government to enter into a colloquy with the Sen- they will be assigned to the plan listed based on the specifications in the law. ator from Wyoming. in the letter. Changes now could lead to increased I ask unanimous consent to set the The agency included some additional cost for all beneficiaries and Govern- pending amendment aside. information in a question and answer ment. The PRESIDING OFFICER. Is the format. The first question is, ‘‘What Members argued with great passion time being charged? should I do now?’’ Among other things, as to why this group of beneficiaries Mrs. MURRAY. With time being the answer says that beneficiaries should have their drug benefit covered charged. We can charge it against our should find out which plans cover the by Medicare. Members of the con- side. That is fine. prescriptions they take and the phar- ference committee worked to make The PRESIDING OFFICER. Without macies they want to use. that happen. objection, it is so ordered. I know that folks are concerned that The Senate bill was bipartisan and it Mrs. MURRAY. Mr. President, I rise a beneficiary might toss aside their passed by a vote of 76 to 21. The bill today to talk about an issue I have letter—we have all done that with that emerged from conference was bi- been working on for the past year— mail. That is why pharmacists will partisan and passed by a vote of 54 to 44 ending a runaway subsidy in the stu- have access to the beneficiaries and with the support of 11 Democrats and 1 dent loan program. their assigned plan. So on January 1st, Independent. I ask unanimous consent that Sen- when a beneficiary goes to a pharmacy, The bill passed because we recognized ators DURBIN and CLINTON be added as the pharmacist can fill that prescrip- that if we asked seniors to wait for a cosponsors to amendment No. 2353. tion under that plan. perfect bill, that they were going to be The PRESIDING OFFICER. Without Now, some people are concerned that left waiting for a long, long time. objection, it is so ordered. a beneficiary will be assigned to a plan The AARP and more than 300 patient Mrs. MURRAY. Mr. President, cur- that doesn’t cover a drug they need, advocacy and health care organizations rently students are enjoying low inter- and they won’t find out until they go endorsed the final product. The AARP est rates on their loans. into the pharmacy. In its transition said the final bill ‘‘helps millions of That was not always the case. In the guidance to plans, the agency strongly older Americans and their families,’’ 1980s, lenders were promised a rate of recommended that plans provide for and is ‘‘an important milestone in the return at 9.5 percent on their loans temporary ‘‘first fill’’ of 30 days to pro- nation’s commitment to strengthen when interest rates were high, but we vide a transition supply to meet the and expand health security for its citi- were trying to keep costs down for stu- immediate need of a beneficiary. This zens. . . .’’ dents. In 1993, when interest rates were is a common practice today. The prescription drug benefit is af- coming down, extra payments to lend- Any plan that chooses not to do this, fordable and universal. It will cover ers on 9.5 percent loans were supposed had to provide the agency with suffi- about half the cost of prescriptions for to phase out. However, they did not cient detail on how it would ensure the average beneficiary. Dually-eligible start phasing out and were rapidly in- that new enrollees stabilized on a drug beneficiaries will have almost all their creasing until I took action with my not on the plan’s formulary would con- drug costs paid. colleagues to end this practice. tinue to have access to the drugs they After years of hard work on both Last year, I along with my col- need. For example, a plan not using the sides of the aisle, Republicans and leagues, including Senators KENNEDY first-fill could have procedures in place Democrats came together to pass the and DURBIN, who support closing this to contact enrollees in advance of their Medicare Modernization Act. Now is loophole passed the Teacher-Taxpayer initial effective date in order to iden- not the time to reopen this issue. Act. The Teacher-Taxpayer Act took tify their needs. All of these alter- The Centers for Medicare and Med- aim at some of the most egregious native plans were subject to the agen- icaid Services has worked hard to im- abuse of this runaway subsidy and re- cy’s approval. plement the new program. Any changes In addition the agency carefully returned that money to student’s pock- at this point will almost certainly ets. However, while the Teacher-Tax- viewed all of the plans’ formularies to delay the drug benefit from implemen- ensure that dually eligible bene- payer Act took great strides forward tation. on this issue, the Federal government ficiaries would have good access to the In thinking about the months of ne- is still paying out $1 billion a year on drugs they need. Many plans around gotiating this package, I can tell you the 9.5 percent loans. I believe we are the nation cover nearly all of the top that there is no interest from this Sen- far overdue in ending this practice. 100 drugs used by seniors. The agency ator to reopen and renegotiate the new I have filed an amendment to fully also required plans to cover all or sub- Medicare drug benefit now. and permanently end the remaining 9.5 stantially all drugs in six classes that The time for delay is over. The new percent subsidy loophole, which ac- include drugs most commonly used by Medicare drug benefit was a bipartisan cording to the Congressional Budget seniors. product, it is law, and it is set to begin Office will provide a savings of approxi- I also know there is concern that a for all beneficiaries, who have waited mately $500 million. I have stated my dually eligible beneficiary might be as- long enough for this important benefit. signed to a plan that doesn’t cover a I agree that every step needs to be intent repeatedly to finally close the drug they need or include their phar- taken to ensure that there is no disrup- remaining loophole. The Higher Edu- macy in its network. That is one rea- tion in coverage for these vulnerable cation Act reauthorization bill moving son why the Centers for Medicare and beneficiaries. through the House of Representatives Medicaid Services sent the letters out I believe those steps are being taken. closes this loophole and Education Sec- now. Dually-eligible beneficiaries can It is my understanding that a number retary Spellings have called for the still pick whatever plan they want for of folks think that this transition will ending this remaining loophole. their coverage on January 1st, but if be too confusing for beneficiaries. In Mr. ENZI. Will the Senator yield? the don’t make an affirmative decision, my opinion, having some drugs covered Mrs. MURRAY. Certainly. then they will have coverage through by Medicare and some by Medicaid will Mr. ENZI. I thank my colleague from the plan to which they been assigned. be even more so. Washington for her work on higher And if that plan doesn’t work for I urge my colleagues to vote against education and for her passion about them, they can switch plans at any this amendment. this issue in particular. She has been time throughout the year. Any time. The PRESIDING OFFICER. The Sen- very interested in the higher education I was among the Senators who voted ator from Washington. bill that we approved in committee, against the amendment in the Senate, Mrs. MURRAY. Mr. President, how and was among those who supported its but I obviously agreed to the provi- much time remains? unanimous approval. My colleague sions hammered out in the conference The PRESIDING OFFICER. Four mentioned the Taxpayer-Teacher Pro- committee. minutes 30 seconds. tection Act, which I support and which

VerDate Aug 31 2005 07:01 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.065 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12207 the committee acted to make perma- viding lenders a 9.5 percent interest The Senator from Nevada [Mr. ENSIGN], for nent. I would add that the Taxpayer- rate on student loans. I thank Senator himself and Mr. DEMINT, Mr. SMITH, Mr. Teacher Protection Act has reduced MURRAY for her leadership on the issue. SUNUNU, and Mr. MCCAIN proposes an amend- holdings of these loans by more than We have been working together to ment numbered 2368. $1.2 billion in only 6 months since its close this loophole for several years Mr. ENSIGN. Mr. President, I ask enactment. now. As she mentioned, we passed the unanimous consent that reading of the While various estimates have been Taxpayer-Teacher Protection Act last amendment be dispensed with. given about savings attached to ending year, and that was a good first step in The PRESIDING OFFICER. Without recycling, it would also put an end to the right direction. objection, it is so ordered. an estimated $840 million in student I would also like to thank Chairman The amendment is as follows: benefits provided by non-profit lenders ENZI for his willingness to work with (Purpose: To cut $2,000,000,000 from the over the next 5 years. By some esti- us in extending that important piece of converter box subsidy program) mates, that could mean a net loss of legislation in the context of the reau- On page 94, line 7, strike ‘‘$3,000,000,000’’ nearly $550 million in student benefits. thorization of higher education and for and insert ‘‘$1,000,000,000’’. Because of the efforts among lenders to his commitment to continue to work Mr. ENSIGN. Mr. President, first, I provide the most competitive benefits, on the issue as we move to conference want to talk about the general part of it is likely that the net loss in student on that bill. the Deficit Reduction Act we have be- benefits would be much greater. It is As Senator Murray pointed out, the fore us, and which the Commerce Com- also important for me to point out that Federal Government will spend $1 bil- mittee dealt with a major part of. It the Senator’s amendment does not cap- lion annually in additional interest on has to do with the transition to digital ture these savings for students, it only recycled loans through this program television. ends the practice of recycling, so the unless we end the practice completely. It is a confusing issue for a lot of peo- net loss in student benefits would like- There is no doubt that some of the ple, the issue of analog television ly exceed $1 billion. lenders—particularly the nonprofits— versus digital television. Digital tele- I would also note that Federal tax are putting that excess profit to good vision will bring far superior quality to law prohibits non-profit lenders from use, but we need to make sure all of our television. We hear about high defi- retaining these subsidies that the Sen- this funding is being used in the best nition. We hear about digital television ator has described. I ask my colleague way possible to make college more ac- today. There is a lot of confusion out if she agrees with my assessment, that cessible for the neediest students. The there. Federal tax law prohibits non-profit best way to do this is to end the prac- In 1996, we set out to transition our lenders from retaining the 9.5 percent tice of recycling. Currently the tax- television sets—actually by the end of subsidy, and that excess funds must be payers are spending $2.7 million each this year—over to the digital age, basi- returned to the Treasury, or be used to day that we allow the recycling of cally the 21st century in television, in provide student benefits. these loans, and too much of that is which we would have a much higher Mrs. MURRAY. I would agree with going to line the pockets of for-profit quality picture for our television. that assessment, yes. lenders. Too much of that money is Because of a lot of reasons—I think a Mr. ENZI. I thank my colleague for adding to the enormous salaries of lot of them are political—we aren’t to her commitment to continue to work CEOs instead of helping low-income that point. But what we are doing with me on this issue in conference and students realize their dream of going to today in this bill is we have all agreed look forward to reaching a compromise college. We need to make a conscious we are going to have a hard date to ac- on this issue. I believe it is important choice to help students and not banks. tually transition to digital television. that we get this issue right, so we can I look forward to continuing to work What is good about it is everybody can best serve students. with my colleagues, Chairman ENZI start planning. We will know exactly Mrs. MURRAY. I thank the Senator. and Senator MURRAY, on this issue as the time we need to transition from We may not fully agree on this issue we move into conference with the the current television signals the but I commend my colleague’s efforts House. broadcasters are using. Actually, many to develop a bipartisan Higher Edu- The PRESIDING OFFICER. Five of them are already broadcasting in cation Act reauthorization and the minutes remain in opposition. both digital and analog, but they will challenges in moving such a bill Who yields time? know there will be a hard date where through the Senate on a reconciliation Mr. GREGG. Mr. President, I suggest they have to get fully geared to broad- bill. that by unanimous consent we begin cast only in digital. I thank my colleague Senator KEN- the process of debating the Ensign What does this mean for the con- NEDY for his leadership on this issue, amendment and that 5 minutes be sumer out there? A lot of people are and I look forward to working with added. He is here and ready to speak. afraid: Is my television set going to be him and the chairman through con- The PRESIDING OFFICER. Without turned off when this hard date comes ference on this issue. I appreciate the objection, it is so ordered. into effect? If we do this right, their Mr. ENSIGN. Mr. President, I suggest chairman’s commitment to work with television will actually work better the absence of a quorum. me through that process to make sure than it does today. Even their normal The PRESIDING OFFICER. The my voice is heard and interests are analog television will work better clerk will call the roll. when the hard date comes than it actu- met. I think it is critical that, as we The assistant legislative clerk pro- ally works today. With the purchase of work with the House in conference on ceeded to call the roll. this issue and others, that we ensure Mr. ENSIGN. Mr. President, I ask a little converter box, they will be able protection and improvement of student unanimous consent that the order for to receive that digital signal. Even if benefits, and that any savings gen- the quorum call be dispensed with. they do not have cable television, with erated on this issue be returned to stu- The PRESIDING OFFICER. Without their current analog television—which dents. We must also work to advance objection, it is so ordered. most televisions are today in the and protect diversity in the lending Mr. ENSIGN. Mr. President, I ask United States—they will be able to re- market, which leads to the competition unanimous consent to set aside the ceive more television channels free that provides for improving student pending amendment. without rabbit ears, without the basic benefits in lending. The PRESIDING OFFICER. Without cable that they have today. Because of I thank my colleague for his commit- objection, it is so ordered. the way technology works today in the ment to working with me and look for- AMENDMENT NO. 2368 digital age, for each one of those sta- ward to working with him and Senator Mr. ENSIGN. Mr. President, I call up tions which they now have, they will KENNEDY through that process. amendment No. 2368 at the desk. get several stations of digital. There Mr. KENNEDY. I am pleased to join The PRESIDING OFFICER. The will be a lot more programming which my colleagues, Senator MURRAY and clerk will report. they will actually get free over the air. Senator ENZI, discussing the important The assistant legislative clerk read They will not have to pay for it. This is issue of ending the practice of pro- as follows: an advantage for people who aren’t on

VerDate Aug 31 2005 04:58 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.045 S02NOPT1 S12208 CONGRESSIONAL RECORD — SENATE November 2, 2005 cable or satellite when we go to this sidize somebody who happens to have a ator from New Hampshire—by using hard date. bunch of TVs in their house that wants the hard date of April 2009, we estimate There are a lot of reasons for wanting a converter box? The average cost is es- we will raise a considerable amount to have that hard date. For those who timated between $45 and $60 when they more money than a date closer to the know anything about the Internet, we are in mass production. I don’t think it present day. The impact of this far always hear about high-speed Internet, is unreasonable for somebody of means date is we have three periods where tel- or broadband access. to buy that on their own. Most people evision sets are bought in great quan- The United States is falling further buy a new computer for their home tities, and during the Christmas period. and further behind the rest of the every few years for a lot more money To the extent the analog sets are re- world when it comes to broadband or than what this converter box will cost. tired by digital-ready televisions, we high-speed Internet access. We used to It is very reasonable to cut the will not need money. This $3 billion is be 11th in the world a couple years ago amount we have from $3 billion down up $2 billion. We do not automatically when it comes to broadband. Today, we to $1 billion for the subsidy. That is ex- throw in the $3 billion. This merely have slipped to 16th in the world. Elev- actly what our amendment does. At makes available the estimate of $3 bil- enth was unacceptable for the United this time of runaway Government lion and earmarks that. States, but 16th makes us less competi- spending, it is important to look at However, I call attention to the Sen- tive in this highly technological world every place we can to save money. ate that money not spent is earmarked we are in in this global marketplace. Our amendment says instead of in this bill to go to deficit reduction. It We have to do everything we can to ad- spending $3 billion on converter boxes is not going anywhere else. There are vance the United States getting up to to give subsidies to everybody in Amer- specific items. speed to the Internet. ica, we will only spend $1 billion. Right There will be some amendments of- If you live in a rural area, one of the now, we cannot set the policies in fered. I specifically refer to the amend- things this bill will do today, thanks to place, but we can set the amount in ment on page 94, line 10, that any the good work by Senator STEVENS, place. Later on, we can come back with amounts unexpended, unobligated at chairman of the Commerce Committee, the policies that will reflect the bil- the conclusion of the program shall be one of the good things about having a lion. The House of Representatives put used for the program described in para- hard date is that we will be able to free in their bill $990 million, right around graph 3, which is, in fact, the basic up some spectrum when the broad- $1 billion, which is what we reflect. debt reduction system. casters go off analog. There is valuable They went through the whole com- There are some other complications spectrum they will go off when they mittee process. They did the same here that I have gone into before. One convert to digital. When they go off the thing. It is difficult to get our bill out of them is, we ought to be able to take spectrum, the spectrum will be auc- of committee at the $3 billion level, this bill to the House for conference tioned and used for a lot of good uses. but it is the responsible thing to do for and work out with them the best way If you live in rural America and you this Senate, instead of subsidizing to deal with the set-top boxes. One of want broadband coming into your those who can afford to buy their own the great problems is that there cur- home, this spectrum will allow converter boxes, to take $2 billion of rently is a range of estimates, as the broadband to go throughout the United that and put it toward offsetting some Senator has mentioned, from $40 to $60. States with very cheap ways of setting of the spending in other areas with If it is $60, we do not have enough up the infrastructure. Today, it is very higher priorities at this time. money. If it is $40, we have a little bit expensive to wire, to lay down cables I reserve the remainder of my time. left over, and it will automatically go or fiber optics in the ground to rural Mr. STEVENS. What is the time situ- to debt reduction. America. This spectrum is going to ation on this amendment? I personally think we have problems make it much more affordable to bring The PRESIDING OFFICER. The opin the areas that were devastated by broadband or high-speed Internet ac- position has 16 minutes 30 seconds; the Katrina, Rita, and Wilma. The problem cess to rural America. That is another Senator from Nevada has 8 minutes 24 there is the televisions were destroyed one of the huge advantages we have for seconds. altogether. It may well be that the cost making a hard date. Mr. STEVENS. Mr. President, I will in those areas will be substantially First responders need the spectrum use the time in opposition if I need it, more than the costs of the set-top that the broadcasters currently occupy and some others may want to speak. boxes. We have to decide that. Some- as well. It will make the radios work Our committee worked hard on this one has to decide to what extent and better. It penetrates, for instance, bill, our portions of this bill, and the $3 where the money is coming from to stairwells. On September 11, the first billion associated with the converter help those people who are not able to responders’ radios did not work as well box funds was derived from a CBO esti- buy their television sets, not able to as they should because they do not mate based upon the problems that replace them. Will FEMA do it? Are have the same kind of spectrum they exist in the so-called analog world. any other agencies going to do it? We need to make the radios work better. There are an estimated 73 million ana- will hear arguments that some of this Getting the broadcasters off this analog TV sets not connected to cable or money should be reserved for that. I, log spectrum will also make their ra- satellite. personally, support that. This is a fund dios work better. Our reconciliation measure ends all that is designed to make sure we stay In the bill, we give $3 billion to con- analog broadcasts on April 7, 2009. By connected with these people. vert these analog televisions, these lit- that date, all televisions that rely on One of the real problems about the tle converter boxes that people will antennas have to be equipped with a devastated areas—and having lived in need to get for their televisions to digital analog converter box. We call an area that was devastated one time work properly if they do not have cable that the set-top box. The cost to the by a monstrous earthquake—it is hard or if they do not have satellite. Three consumers to purchase the box is esti- to stay in touch without the local news billion dollars, by many experts I have mated to be $3 billion. This amendment without television, without connection talked to in looking at the experiences would cut that to $1 billion. That is not with the outside world. We should of countries such as Germany that enough to meet the problem of these 73 think about earmarking some of this have done similar things, $3 billion is million analog sets. money to go into the devastated areas. not going to be necessary. I call attention to the Senate that Does the Senator from Montana wish First of all, I don’t believe that ev- there is a difference between the House time? eryone who has one of these television approach and the Senate approach. The Mr. BURNS. Will the Senator yield? sets should get a subsidy. We should House would use a voucher system. The Mr. STEVENS. I am pleased to yield. have that subsidy for low- or low-to- House estimates there are fewer sets The PRESIDING OFFICER. Eleven moderate-income families only. For than our estimate of 73 million. minutes 25 seconds remains. somebody who has a lot of money, why We believe by using the date—that is Mr. BURNS. If all of the money is should a middle-income taxpayer have also subject to a question on an amend- not used for the set-top box and there some of their tax dollars going to sub- ment that has been offered by the Sen- is money left over, yes, it does go to

VerDate Aug 31 2005 04:58 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.113 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12209 debt reduction, but isn’t it also ear- Mr. BURNS. I thank the Senator. Mr. ENSIGN. Mr. President, the Sen- marked in there for first responders Mr. STEVENS. Again, it is an esti- ator from Alaska always makes very and spectrum? Did we not talk about mate. good and important points. them? Basically that is why we are try- I appeal to let us go to conference ing to free up a lot of the 700-mega- and work this out. I favor putting as I emphasize a couple of things. First hertz block of spectrum. much money as possible into debt re- of all, I ask unanimous consent that I understood that was the case. The duction, but there are some people who this GAO report be printed in the Senator said it all goes to deficit re- are going to have to have help in these RECORD. duction, but I thought some of it was disaster areas beyond the moneys we There being no objection, the mate- held in reserve for emergency respond- have already provided in the other sys- rial was ordered to be printed in the ers? tems. That argument will come to the Mr. STEVENS. The Senator is right. Senate. I intend to support the concept RECORD, as follows: There are a series of items held in re- of using a portion that we have ear- Table 1 provides the cost of a subsidy pro- serve: $200,000 for converting low-power marked, $250 million, and there is a gram under the assumption that cable and television stations and television move for that to become $1 billion. We DBS providers downconvert broadcasters’ translators; $1.5 billion for emergency are not spending the money. We are au- signals at their facilities in a manner that communications, which includes $1 bil- thorizing expenditures up to this enables them to continue to transmit those lion for interoperability, $250 million amount. What is not expended for the signals to subscribers as they currently for the national alert system, $50 mil- programs goes to debt reduction. That transmit broadcasters’ signals. In this case, lion for tsunami warning and coastal is very important for the Senator to re- cable or DBS subscribers do not require any vulnerability problems; we have $250 member. new equipment, so only over-the-air house- million to deal with the Senator’s E911. If the Senator wishes to comment on holds—approximately 21 million American But after that, the provision strictly my comments, I will yield. households—would need new equipment. As says if the proceeds of the auction ex- I yield the floor. shown in table 1, there is considerable vari- ceed the sums of payments under all of The PRESIDING OFFICER. The Sen- ation in the cost of the subsidy program de- those, that amount has to go to deficit ator from Nevada is recognized with 8 pending on the level of a means test and the reduction. minutes 24 seconds remaining. price of the set-top box. TABLE 1.—ESTIMATED COST OF SET-TOP BOX SUBSIDY, ASSUMING CABLE AND DBS DOWNCONVERSION, ONLY OVER-THE-AIR HOUSEHOLDS ARE SUBSIDIZED

Cost of subsidy, by estimated Percent of Number of cost of set-top box (dollars in over-the-air households millions) Assumption about means test households el- subsidized (in igible millions) $50 set-top $100 set-top box box

Means test at 200% of poverty level ...... 50 9.3 $463 $925 (7.8–10.7) ($391–534) ($782–1,068) Means test at 300% of poverty level ...... 67 12.5 626 1,252 (10.9–14.1) ($545–707) ($1,090– 1,415) No means test ...... All 20.8 1,042 2,083 (19.1–22.6) ($954–1,130) ($1,907– 2,259) Source: GAO. Notes: Ninety-five percent confidence intervals in parentheses. Analysis based on the status of television households in 2004.

Mr. ENSIGN. Mr. President, the rea- homes are going to participate, but erty level, it is unreasonable for us to son I hold up this report, partly to re- that is even with 100 percent of the ask them to buy their own set-top spond, during the hearings we had on low-income homes participating. Even boxes. That is why I think there will be transitioning from the analog spec- if they do, we will have enough money plenty of money, even at the billion- trum to digital, we had the Germany in the program to buy every household, dollar level, to be able to handle these experience where parts of Germany of 200 percent of poverty or below, two things and some of the other things transitioned, and they had a program of these set-top boxes to make sure that may be needed down in the gulf to subsidize some people who would their analog television works when we coast. need to make their analog sets operate transition over to the digital age. But I look forward to working with in a digital world. When they had this So I think it is very reasonable for us the chairman of the committee. I al- program in Germany, not nearly as to only have $1 billion—which ‘‘only $1 ways hate to go against him because he many people participated in it as their billion’’ around here is a low number, I is so accommodating on the com- government expected to happen. guess, but it is still a lot of money. I mittee. But this is something we will The GAO report said if there were no think that is plenty of money for us to look forward to working with the means test, it would cost about $1 bil- transition. chairman on as we move through this lion for all of the over-the-air broad- Let us not forget that their tele- process. cast televisions, one per household for visions are going to be working better. I yield the floor. The PRESIDING OFFICER. The Sen- all of those who do not have cable and It is not like we are just giving them ator from Alaska. who do not have satellite television. the same service. They are going to get Mr. STEVENS. Mr. President, how This is for, on average, about $50 per more services. First of all, their TV much time remains in opposition? set-top box. sets will work better. The picture will The PRESIDING OFFICER. There is Now, what I have said, and what I be clearer. When you have over-the-air 9 minutes 4 seconds. would like to see happen, is that we broadcasts today, and you have rabbit Mr. STEVENS. Mr. President, I think means test this, that anybody, let’s ears, it is not a very clear picture. we ought to make certain that the peo- say, who is up to 200 percent of poverty There is a lot of fuzz, and a lot of times ple are providing service to these ana- would be the only ones subsidized for a it is not great reception. log sets now. The National Association set-top box. If we did that, we could In the digital age, your television of Broadcasters opposes this amend- buy every one of those households two will be much clearer. And for every one ment. Furthermore, I oppose it for the set-top boxes for under $1 billion, and of those television stations you cur- main reason that we are bringing into we would have enough money left over rently have, you will also have other this country enormous supplies of what to administer the program. And that is stations—weather channels, news chan- are called digital television sets now, if 100 percent of the homes partici- nels—broadcasting over the air for free. but they are not digital-ready. They pate—100 percent. You will get a lot more services for less are still analog, in effect. Now, I think it is reasonable for us to money. So I don’t think, for anybody We wanted to put on this bill a provi- expect that not 100 percent of the making above 200 percent of the pov- sion that said you cannot bring into

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.115 S02NOPT1 S12210 CONGRESSIONAL RECORD — SENATE November 2, 2005 this country or manufacture in this new sets need a converter box. They proportionately minority, elderly and country a set, from a certain date— are not digital ready. poor—will face a significant burden. say, 90 days from now—that is not dig- So again, I thank my friend. I do not Moreover, because the Commerce title ital-ready. think there is anyone else who wants transfers any unobligated funds from It cannot operate without a con- to speak on this amendment. I am pre- the converter box subsidy account to verter box. The difficulty is, consumers pared to yield back my time, based the account that will fund interoper- are buying thousands and thousands upon the Senator’s comments. able public safety equipment, this and thousands—into the millions now— I yield the floor. amendment would end up hurting first of sets, believing they are ready, but Mr. ENSIGN. Mr. President, how responders in their ability to get new they are not ready. They are digital, much time do I have? equipment that can use this newly but they are not digital-ready. They The PRESIDING OFFICER. Four cleared spectrum. will not operate without a converter minutes. Because of significant uncertainty as Mr. ENSIGN. Mr. President, I will chip or converter box. Under the cir- to consumer demand and the expected take a couple more minutes. cumstances, we rely on the estimate of The PRESIDING OFFICER. The Sen- cost of converter boxes, we must leave 73 million sets. ator from Nevada is recognized. the fund at $3 billion and err on the Now, it isn’t an argument: How many Mr. ENSIGN. Mr. President, first of side of caution. converter boxes should there be? Every all, I want to explain to everybody how For this reason, I must oppose this set that is out there needs a converter important it is what the chairman of amendment. I am joined in my opposi- box to operate. I am told by my staff, the Commerce Committee has done in tion to the Ensign amendment by the 20 million sets are sold annually, and getting us a hard date. Less than a AARP, Consumer Federation of Amer- still more than half of them are analog. year ago, in the Commerce Committee, ica, Consumer’s Union, U.S. PIRG, Na- There are a few of the very high-priced there was no way we were going to tional Hispanic Media Coalition, Mexi- sets that are digital-ready. Some of have a hard date. People were talking can American Legal Defense and Edu- these sets are in the bedrooms of the maybe it would be 3, 4, 5, 6, 7 years cational Fund, League of United Latin elderly. They are in elderly care cen- from now. Some people said we would American Citizens, and the Puerto ters. Every room has a little set. never have a hard date to convert from Rican Defense & Education Fund, Now, who are we to say there are sets the analog TV over to digital. So the among others. out there that don’t get converter committee chairman deserves a great The PRESIDING OFFICER. Who boxes? That may be determined at a deal of credit for actually getting us to yields time? later date by the Congress in a bill we this time, where we are going to have Mr. GREGG. Mr. President, I believe have to bring forward, a new commu- a hard date. all time has expired on this amend- nications bill. But for this estimate But the reason I think this is a rea- ment. I believe the Senator from Alas- now, we have to rely upon the estimate sonable amendment—and I would just ka yielded back his time. we have, that there are at least 73 mil- reemphasize to my chairman—is I be- The PRESIDING OFFICER. That is lion sets out there that need a con- lieve this program should be means correct. verter box, once we reach the hard tested, that it should not be for every- Mr. GREGG. Mr. President, in a few date. So that is where the $3 billion body in America, millionaires and the minutes, I think Senator LANDRIEU is came from. like, to be able to get a digital con- going to be over here to offer the final Again, I thank my friend from Ne- verter box. If they do not have cable in amendment of the day. vada for his kind comments. But we their homes, it is because they choose AMENDMENT NO. 2392 have to operate on the basis of dealing not to. So they should be able to buy Pending that, I ask unanimous con- with the worst case in terms of pro- their own converter boxes. sent to strike the language on page 41, viding money. We have done that. This As I talked about this GAO study I beginning on line 3 through line 11. is the worst case we can face, this $3 have, if we limit it to people who are at The PRESIDING OFFICER. That is billion. So we have authorized up to $3 200 percent of poverty and below, we of the bill. billion. To the extent it is not used, can buy every one of those households Mr. GREGG. Yes. and not used for 9/11, not used for inter- two converter boxes for less than $1 bil- This is a unanimous consent request operability, not used for first respond- lion. If we do not cut the money down to strike the language. ers, not used for disaster areas, it will from $3 billion to $1 billion, I am afraid The PRESIDING OFFICER. Is there go to debt reduction. we will subsidize every income level objection? Our committee has raised far more home in America, and this money will Mr. CONRAD. No objection. than was requested of us, and that is not go for deficit reduction, that we The PRESIDING OFFICER. Without the problem. will actually spend up to the $3 billion. objection, it is so ordered. We have the luxury of an estimate So that is the purpose for offering The Amendment (No. 2392) was that says the spectrum auction will this amendment. It is to try to guide agreed to as follows: bring in more than $10 billion. That the policy in the future, not just the On page 41 of the bill, strike lines 3 may be conservative. Many of my peo- money today. through 11. ple tell me, once we reach that hard Mr. President, I yield back the re- Mr. GREGG. Mr. President, I suggest date, the demand for this spectrum is mainder of my time. the absence of a quorum. going to be so large that we cannot Mr. INOUYE. Mr. President, I rise in The PRESIDING OFFICER. The even estimate the amount of money opposition to the amendment by Sen- clerk will call the roll. that is going to be there. So $3 billion ator ENSIGN that would reduce the The legislative clerk proceeded to is not out of hand. maximum amount authorized for the call the roll. I urge my friend from Nevada to real- converter box subsidy program from $3 Mr. CONRAD. Mr. President, I ask ize we are not appropriating the billion to $1 billion. A similar amend- unanimous consent that the order for money. We are saying up to $3 billion. ment was considered by the Commerce the quorum call be rescinded. I urge the Senator not to change that Committee and was soundly defeated The PRESIDING OFFICER. Without now. Let us go to the House. Let us by a vote of 19 to 3. objection, it is so ordered. work with the best available informa- The consumer converter box subsidy Mr. CONRAD. Mr. President, very tion. Let us try to get this bill back to program is an essential part of making briefly, we now are going to go to the the Senate as a conference report be- sure that those consumers who today Landrieu amendment. I understand fore this year ends. rely on over-the-air analog television Senator LANDRIEU is on her way to the If we do not do it and get that other are able to make a smooth transition floor. She will have from 5:30 to 6 amendment in there somewhere that to digital television that does not o’clock. At that time, we will be done. limits the future production of analog, render their existing analog TV sets I see Senator LANDRIEU now in the or less-than-digital-ready sets, this de- obsolete. Chamber. We will then be finished with mand for money is going to go up. All Without a robust subsidy program, the debate on reconciliation, which those sets are being bought now. Those over-the-air households—which are dis- means we then go to votes on the

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.117 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12211 amendments. I want to again alert our was the subsequent breaking of a levee In Louisiana, we are the hub of the colleagues, we have 15 amendments al- system that just devastated a major oil and gas industry, along with Texas ready pending. That is 5 hours of solid American city and region—one we are and Mississippi. This is a picture of one voting. We would like to send the mes- still reeling from, as our local officials, of the major pipelines that comes off of sage, as clearly as we can, to our col- our business leaders, our university our shore through the marshland. I am leagues: 15 amendments is probably presidents, our general community not sure if this pipeline is oil or gas, enough. We do not need to add to the struggles to try to provide a frame- but it is one or the other because they time of the Chamber with additional work for rebuilding. We are in the have to be in separate pipelines. They amendments. midst of that great debate. are laid down through our marsh. I think we have had a very good, full The reason it is so difficult—as you These are the lifelines, if you will, to debate on reconciliation. We hope very can imagine from your own experience light up the country, whether it is Chi- much that 5 hours of solid voting will as a leader, I say to the Presiding Offi- cago or New York or California. The be sufficient. cer—is that when this has never hap- price of gas is extremely high. The I thank the Chair and yield the floor. pened before, there is no textbook. The price at the gas pump is high. We don’t Mr. President, I ask unanimous con- tragedy is of such magnitude and is un- have enough of these pipelines in the sent, if the Senator from Louisiana is precedented in nature that there is no country, and we are not conserving ready, that we could begin on her textbook you can go to, to say: Here is enough. We are working on both—in- amendment at this point. step one, step two, step three, as to creasing production and conserving The PRESIDING OFFICER. Without how to rebuild south Louisiana, south- more. But right now, this pipeline ex- objection, it is so ordered. ern Mississippi, parts of Alabama and ists. The Senator from Louisiana is recog- Texas. As you can see, when the hurricane nized. We have had some expedience with struck, the levee systems of this pipe- hurricanes before. I am not suggesting AMENDMENT NO. 2366 line were broken and water started we have not. But we have not had the Ms. LANDRIEU. Mr. President, I ask moving and gushing into this marsh. experience of a devastation, the kind Saltwater comes in and the marsh unanimous consent to call up amend- we are experiencing right now in the ment No. 2366. starts fading away. It is basically eaten New Orleans metropolitan area re- up by saltwater coming in. We need to The PRESIDING OFFICER. Without gion—including Saint Bernard Parish, objection, it is so ordered. be constantly vigilant about maintain- Plaquemines Parish, Saint Tammany ing proper levee systems. Some of this The clerk will report. Parish, Jefferson Parish, Washington The legislative clerk read as follows: work has to be done by the private Parish, Tangipahoa Parish—and all companies that laid down the pipelines, The Senator from Louisiana [Ms. along the southern part of Mississippi, but the Federal Government has a LANDRIEU] proposes an amendment num- and the southwestern part which was great role to play in investing wisely bered 2366. hit by Rita. Ms. LANDRIEU. Mr. President, I ask I am going to be showing some pic- and strategically to help keep this unanimous consent that reading of the tures of it in a moment so that my col- marsh healthy. It protects the city of amendment be dispensed with. leagues can continue to see—not just New Orleans and, most importantly, it The PRESIDING OFFICER. Without hear, but to see—pictures of the devas- protects the whole region and, most objection, it is so ordered. tation. importantly, it protects the mouth of The amendment is as follows: So I come to the floor today to offer the Mississippi which serves as such a trading hub for the Nation. (Purpose: To provide funds for payments to an amendment for this body to con- producing States and coastal political sub- sider that will move some money we This is another picture that shows divisions under the coastal impact assist- have identified in reconciliation to our the devastation of the wetlands loss ance program) coastal restoration program. that was in National Geographic. It is On page 95, line 21, before the period at the In the last Energy bill, by a bipar- particularly moving. This is a man who end insert the following: ‘‘, of which tisan vote of the House and the Senate, is holding up a picture of a camp that $1,000,000,000 shall be transferred to the Sec- with the support of the administration, his grandparents—right off of Empire, retary of the Interior to make payments to we were able to secure a downpayment, LA—used to have when he was a child. producing States and coastal political sub- if you will, on a new coastal plan that This is probably 40 to 45 years ago, divisions under section 31(b) of the Outer will help not just Louisiana, but the maybe a little bit longer. It is small, Continental Shelf Lands Act (43 U.S.C. but you can see the healthy marsh that 1356a(b))’’. producing States that generate so much money for the general fund once existed behind this home. Mr. GREGG. Mr. President, we will through oil and gas production off of This is what it looks like now. You support an effort to pass legislation to our shores. can’t see marsh for miles and miles. It make the technical change deleted It was a significant step in the right has been eaten up. We have been here from our bill in a more appropriate ve- direction. It happened a few weeks be- now year after year saying: Every in- hicle. fore Katrina and Rita hit, and it gave a vestment that we can make, we can re- Ms. LANDRIEU. Mr. President, spark of hope to people in our part of store this marsh. We can’t restore thank you very much. I appreciate the the country that Congress was listen- every acre we have lost, but we know leaders providing me with an oppor- ing and understood that the Federal that our scientists and our engineers tunity to speak, briefly, about this Government had to provide not just can restore a lot of this marshland. amendment. mandates, not just plans, not just stud- The marshland serves—south of Lou- There have been very important ies, but real money to help us secure isiana, south of New Orleans, and in amendments that have been offered better coastal protection. I only wish the southern part of our State—as a and debated throughout the day. As the we had done this 20 years ago because great protective barrier. It protects not managers have expressed, we will be maybe we could have prevented some just people and businesses, but the en- voting probably into the night and to- of the damage from Katrina, but we ergy infrastructure, the pipes, the re- morrow to try to finish budget rec- didn’t. And we can talk about why we fineries that exist to help our Nation onciliation. But one of the amend- didn’t and what the consequences are, continue to grow. ments I have brought today to speak but it is more productive to talk about Investments of this nature are quite about is one of the most important what we can do now. important. things we are going to need as a foun- As we debate how to prioritize our Without a continuing affirmation dation for the recovery of the gulf money through reconciliation—some from this Congress that we understand coast. for increased investments, some for tax investments in coastal protection are We have had many discussions about cuts, some for deficit reduction—I important and we are giving real the aftermath of Hurricanes Katrina wanted to come to the floor to offer an money to it, I am afraid anything we and Rita—two major hurricanes that amendment that would provide an ad- do will be for naught to rebuild the have hit the gulf coast. And, of course, ditional billion dollars for coastal res- New Orleans region. Because people Wilma hit Florida recently. And there toration. have told me—poor, middle income,

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.120 S02NOPT1 S12212 CONGRESSIONAL RECORD — SENATE November 2, 2005 and wealthy, business people and work- minutes? I am happy to yield about 3 Without his leadership and that of Sen- ers—Senator, I cannot bring my family minutes to him. ator ENZI, we would not be where we back. I won’t bring my family back. I Mr. KENNEDY. That would be fine. are today on the Enzi-Kennedy-Alex- can’t build my business back unless I The PRESIDING OFFICER. The Sen- ander-Landrieu amendment. have some security or sense that the ator from Massachusetts is recognized. How much time do I have remaining? administration and this Congress are Mr. KENNEDY. If the Chair would let The PRESIDING OFFICER. The Sen- going to help us build a levee system so me know when there is 1 minute re- ator has 2 minutes. we don’t wash away again. maining. Ms. LANDRIEU. Mr. President, I re- Think about that. Why would some- In a bipartisan way, our Health and serve that time. There may be opposi- one who lost their home or their busi- Education Committee, under the lead- tion. I am hoping not. I would be happy ness, even if they received an insurance ership of Senator ENZI, has found some to yield back all the time if the man- check—which some people have, not all $2.7 billion that can be used for edu- ager wants to move on. people, and we are working on that— cation. Under the Landrieu amend- The PRESIDING OFFICER. The Sen- even if they received a $250,000 insur- ment, $1.1 billion of that will be used to ator may reserve the time. reduce origination fees that help stu- Who yields time? ance check to rebuild their building, The Senator from New Hampshire. dents all over the country. The rest, why would they, if they think this is Mr. GREGG. Mr. President, I am what their house or their neighborhood $1.6 billion, would be used to help the sympathetic to the concerns of the might look like? This is a little dra- 370,000 children who have been dis- Senator from Louisiana relative to the matic because, of course, this is not placed as a result of Hurricane Katrina. needs of the children who have been af- This will be the only opportunity in what New Orleans looks like. This is fected so significantly by the event. I outside of the city, but this is what the Senate to help children who have especially appreciate the fact that Sen- been displaced from their education. Plaquemine and St. Bernard look like. ator KENNEDY has come to the floor Why would someone take an insurance This is the only opportunity for the and supported essentially a program check? To be clear, we wouldn’t give Senate to take action. On August 29, which will allow the dollars to follow someone an insurance check to build a when that hurricane came through the the children versus a program which house such as this in this area because gulf and flooded Louisiana and caused would be more school centric and, we are going to build smarter, better, havoc along the coast, schools were therefore, you could call it a voucher. and higher. There will be some places decimated. Hundreds of thousands of Whatever you want to call it, I call it people can’t go back and rebuild. children have all been displaced. good sense to allow these dollars to fol- But in the middle of the metropoli- Schools—public, private, and also low the children. Hopefully, that will tan area, in a neighborhood that never church-related—have welcomed these be the way the final package is ar- flooded before, people have checks. And children into their midst, across the ranged. they are saying: I am afraid to rebuild Nation. This amendment is one-shot, The only issue is whether the money my house. What if a big rainstorm one-time, temporary assistance to comes from the additional savings comes or another hurricane and washes those schools that are accepting dis- which came out of the HELP Com- us away. placed children and need support. mittee or whether the money comes Anything we can do, whether it is a There are some who have said: We from the $40 billion which has already half a billion, a billion, next year com- can’t do this because this is a voucher been appropriated as a part of the ing back with some more—we are not program. I have been opposed to vouch- original Katrina supplementals, the ad- expecting $20 or $40 billion in one shot. ers because we have scarce resources. ditional supplementals that may fol- We know that is a lot of money. But we And if we have scarce education re- low. So where the money comes from is have to get a little bit every year so we sources, we ought to use them for pub- the issue. As the amendment process can give people hope that this can be lic schools. We don’t have that choice goes forward tomorrow and we deter- done. today. There are no public schools. mine whether these dollars are still Basically, that is what the amend- This was an equal opportunity disaster available and whether it is appropriate ment does. We have had great support for children, Protestant, Catholic, Jew- to use these dollars or whether we from Chairman DOMENICI, from Rank- ish, across the gulf. We have one oppor- should look toward the supplemental, ing Member BINGAMAN. We have had tunity, only one opportunity, to pro- in any event, the program should be good support from Senator STEVENS, an vide some help, and it is our amend- paid for. understanding from Senator STEVENS ment. We provide all kinds of protec- At this point, I am going to move on and Senator INOUYE on the Commerce tions to ensure this aid is temporary to another subject, unless the Senator Committee, because they share juris- and for the schools that opened their wants to respond to my comments with diction, although the Energy Com- doors to displaced students. This is her 2 minutes. mittee has jurisdiction over the Outer about children. It is simple. These chil- The PRESIDING OFFICER. The Sen- Continental Shelf. Most certainly, the dren, these schools, need assistance. ator from Louisiana. Commerce Committee understands the I reject those arguments that say Ms. LANDRIEU. Mr. President, I will importance of coastal because it is this is a foot in the door. I was around respond. I thank the Senator for his in- under their jurisdiction. That is basi- here when we passed Medicare, and terest in helping out in this extraor- cally what the amendment does. We they said: This is socialized medicine. dinary circumstance with 370,000 chil- will be voting on it tomorrow. I am That was poppycock then. It is poppy- dren displaced. I wanted the Senator to hopeful we can get good support for the cock now. know, of course, I have been in and out amendment and lay an additional Let us help those children. Let’s say of the city many times. I spoke to one downpayment on top of that money for those children who were impacted of my relatives and asked, how is the that we did for energy and get that by this disaster, let us provide help to neighborhood looking? done. the schools that have opened their She said: Mary, it is so strange. AMENDMENT NO. 2352 arms to embrace these children for a There are no children anywhere in the I see my colleague Senator KENNEDY limited period of time. city of any age. You don’t see any chil- here. We wanted to speak for a moment I thank the Senator from Louisiana dren. on another amendment that is pending. for sponsoring the amendment with my As Senator KENNEDY said, the reason I yield a minute to Senator KENNEDY to distinguished colleagues on the Edu- is because we have no school system. speak on the education amendment of cation Committee and myself, and I Three-hundred and seventy thousand Senator ENZI. urge the Senate to approve the amend- children have moved to other public How much time do we have left, ment. and private systems, grateful to any- please? The PRESIDING OFFICER. The Sen- one who would take them in. The PRESIDING OFFICER. The Sen- ator from Louisiana. I thank our colleagues for coming to- ator has 5 minutes 20 seconds. Ms. LANDRIEU. Mr. President, I gether in this bipartisan way—Senator Ms. LANDRIEU. Shall I yield some thank the Senator from Massachusetts ENZI, Senator KENNEDY, Senator ALEX- time to Senator KENNEDY of that 5 for his strong advocacy and support. ANDER, Senator DODD—to put together

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.122 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12213 an amendment that is not a voucher part of our communities. The amend- in that it is necessary because of the program, not a traditional ‘‘help public ment before us assists these schools extraordinary circumstances that we schools only.’’ It truly is a bipartisan and the schools directly impacted in a have been presented with, and impact compromise to try to help in an ex- number of ways. aid as it is assistance for those schools traordinary situation. First, it provides immediate aid to that have been impacted as thousands I hope tomorrow, when we have this restart school operations in the dis- of children and their families have left vote, we will get a positive vote. I tricts devastated by Katrina. In the the devastated areas. thank the Senators for allowing us to wake of the hurricane, the HELP Com- Most importantly, by attaching this offer the coastal amendment. We have mittee held a hearing on the dev- legislation to reconciliation we are a lot of support for this. Again, it will astating affects of the storm. At this providing students with assistance add to the money we already have. We hearing, the superintendent of Jeffer- now. It has already been 2 months will need more over time, but every lit- son Parish Schools in Louisiana said since the hurricane devastated the Gulf tle bit at this point helps to give people that if ‘‘you rebuild the schools, they region. These children cannot and hope that they can come back to this will come.’’ Through these comments, should not have to wait another day for region, live safely and securely with she helped us understand that rebuild- the assistance that we promised in the floods and rainstorms, hurricanes, and ing schools will have a major impact wake of the storm 2 months ago. other disasters. on the economic viability of the com- Today, we are reaching out to all stu- I yield back the remainder of my munities directly impacted by the dents because it makes sense, because time. storm. She reminded us of something it gets kids back on their feet as quick- Mr. DODD. Mr. President, I rise in that we already knew, that schools are ly as possible. As I have said before, we support of the amendment introduced the heart and soul of communities. are not changing the generic laws. The by Senator ENZI. This amendment is The amendment also provides finan- level of assistance we are providing to designed to do two things: provide ad- cial assistance for displaced students nonpublic schools is being authorized ditional savings to postsecondary stu- wherever they are currently enrolled in solely because of the unprecedented na- dents by lowering origination fees on school. Through these provisions, pub- ture of the crisis, the massive disloca- student loans and provide immediate lic and nonpublic schools will receive tion of students, and the short duration relief to K–12 students affected by Hur- assistance for specified purposes as of the assistance. I cannot underscore ricane Katrina. The K–12 portion of the long as materials purchased and serv- this enough—The provisions in this bill amendment is based, in part, on the ices provided are secular and neutral in are a departure from Federal law but Hurricane Katrina Elementary and nature and are not used for religious they are a temporary departure in Secondary Education Recovery Act in- instruction, indoctrination or worship. light of extraordinary events. troduced by Senators ENZI, KENNEDY, This provision recognizes that in tak- Next school year, in terms of assist- ALEXANDER, and myself just weeks ago. ing students in, schools around the ance to nonpublic schools, we will go Like the bill, the amendment is de- country may need a little extra sup- back to the ways things are. For now, signed to provide much needed relief to port in getting these students the serv- we will get students the assistance the children, families and schools devices that they need and the education they need. They deserve as much. astated and affected by Hurricane that they deserve. Mr. CONRAD. Mr. President, I ask Katrina. Additionally, the amendment also al- unanimous consent that the following Two months ago, hundreds of thou- lows the Secretary of Education to material be printed in the RECORD. sands of children were displaced by delay for up to 1 year the highly quali- There being no objection, the mate- Katrina. Schools in the Gulf States fied provisions within the No Child rial was ordered to be printed in the were damaged and in many cases, de- Left Behind Act for teachers affected RECORD, as follows: stroyed. But schools in the Gulf States by Katrina. This provision recognizes were not the only ones affected. that like students, teachers and para- PROVISIONS OF S. 1932 EXTRANEOUS In response to this unprecedented cri- professionals have been displaced and PURSUANT TO THE BYRD RULE sis, schools across the country took should not be professionally penalized (Prepared by the Senate Budget Committee Gulf State students in, offering them a because of this. Democratic Staff) safe haven, a place to learn and some Mr. President, collectively these pro- TITLE I AS REPORTED BY COMMITTEE ON sense of normalcy and routine. The visions provide temporary, emergency AGRICULTURE willingness of these schools to take impact aid for displaced students. It is No apparent violations. students in without hesitation point to temporary in that it sunsets at the end TITLE II—AS REPORTED BY BANKING, the education system as an integral of the current school year, emergency HOUSING, AND URBAN AFFAIRS COMMITTEE

Provision Violations Description of provision

Section 2001 ...... Sec. 313(b)(1)(A)—no chg in OL/revs ...... Short title. Section 2002 ...... Sec. 313(b)(1)(A)—no chg in OL/revs ...... Definitions. Section 2003 ...... Sec. 313(b)(1)(D)—any change in outlays or revenues is Merges Banking Insurance Fund (BIF) and Savings Association Insurance Fund (SAIF) into one fund. Merging funds merely incidental. has negligible, if any, budgetary effect. Section 2004 ...... Sec. 313(b)(1)(D)—any change in outlays or revenues is Establishes new ‘‘Deposit Insurance Fund’’ to replace separate BIF and SAIF. Merging funds has negligible, if any, merely incidental. budgetary effect. Section 2005 ...... Sec. 313(b)(1)(A)—no chg in OL/revs ...... Technical and conforming amendments to merging two trust funds. Section 2006 ...... Sec. 313(b)(1)(A)—no chg in OL/revs ...... Other technical and conforming amendments to merging two trust funds. Section 2007 ...... Sec. 313(b)(1)(A)—no chg in OL/revs ...... Effective date. Part of Sec. 2014, p. 77 lines 11–25 ...... Sec. 313(b)(1)(A)—no chg in OL/revs ...... Requirement to report to Congress. Sec. 2018 ...... Sec. 313(b)(1)(A)—no chg in OL/revs ...... Studies of potential changes to the Federal Deposit Insurance System. Sec. 2019 ...... Sec. 313(b)(1)(A)—no chg in OL/revs ...... Effective date. Sec. 2025 ...... Sec. 313(b)(1)(A)—no chg in OL/revs ...... Authorization of appropriations.

TITLE III—AS REPORTED BY COMMERCE, SCIENCE, AND TRANSPORTATION COMMITTEE

Provision Violations Description of provision

Subsections 3005(c)(2)–(5) ...... Sec. 313(b)(1)(E)—increases deficit in fiscal years 2011 Authorizes spending by the Secretary of Commerce or the Secretary’s designee on a number of activities. Spending & 2012. occurs outside the five-year budget window. Subsection 3005(d) ...... Sec. 313(b)(1)(A)—does not produce a change in outlays Directs the Secretary of Commerce to transfer $5 B from the new Digital Transition and Public Safety Fund to or revenues. Treasury’s general fund. Provision does not score and has not net effect on the budget (intragovernmental transfer). Subsection 3005(f) ...... Sec. 313(b)(1)(A)—does not produce a change in outlays Directs that excess savings be transferred to Treasury’s general fund. Provision does not score and has no net ef- or revenues. fect on the budget (intragovernmental transfer).

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 8634 E:\CR\FM\G02NO6.123 S02NOPT1 S12214 CONGRESSIONAL RECORD — SENATE November 2, 2005

TITLE IV—AS REPORTED BY ENERGY COMMITTEE

Provision Violation Description of provision

Title IV ...... 313(b)(1)(D)—merely incidental ...... Authorizes oil and gas drilling in the Arctic National Wildlife Refuge (ANWR). Sec. 401(a)(2) ...... 313(b)(1)(D)—merely incidental ...... Defines ‘‘Secretary.’’ The phrase ‘‘acting through the Bureau of Land Management’’ transfers authority over ANWR to the Bureau of Land Management from the Fish and Wildlife Service. Sec. 401(c)(2) ...... 313(b)(1)(D)—merely incidental ...... Deems ANWR to be compatible with uses of National Wildlife Refuge. Overrides existing framework for determining compatibility. Sec. 401(c)(3) ...... 313(b)(1)(D)—merely incidental ...... Overrides requirements of National Environmental Policy Act (NEPA) for pre-lease activities. Deems 1987 impact statement to be sufficient to satisfy NEPA requirements. Sec. 401(c)(4) ...... 313(b)(1)(D)—merely incidental ...... Overrides NEPA requirements regarding identification of leasing/nonleasing alternatives. Sec. 401(c)(5) ...... 313(b)(1)(D)—merely incidental ...... Expedited judicial review. Must file within 90 days of action being challenged. Sec. 401(e) ...... 313(b)(1)(D)—merely incidental ...... Rights of way requirements. Overrides Alaska National Interest Lands Conservation Act’s procedures for transportation rights of way within the Alaska refuges.

TITLE V—AS REPORTED BY THE ENVIRONMENT AND PUBLIC WORKS COMMITTEE

Provision Violation Description of provision

Sec. 5001(b) ...... Sec. 313(b)(1)(E)—increases deficit in a year after 2010 Delays effective date of a highway bill provision that allows the State of Alaska to spend its federal-aid highway contract authority without a limit on obligations.

TITLE VI—AS REPORTED BY THE FINANCE COMMITTEE

Provision Violation Description of provision

Sec. 6012(b) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Requires HHS Secretary to develop uniform standards for Long Term Care Partnerships and make recommendations to Congress. Sec. 6012(c) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Requires annual report to Congress re: Long term Care Partnerships. Sec. 6022 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Limits state Medicaid Agencies’ use of contingency fee arrangements with consultants and contractors. Sec. 6026(c)(3) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Requires HHS IG annual report to Congress regarding use of appropriated funds. Sec. 6036(e) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Requires reports and recommendations. Portion of Sec. 6055 on p. 230, lines 21–23 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reporting requirement. Sec. 6103(c)(d) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Requires HHS study and report. Sec. 6103(d) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Establishes rehabilitation advisory council; requires reports/recommendations to Congress. Portion of Sec. 6110 on p. 284, lines 5–22 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Authorization of appropriation. Sec. 6113(d) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Requires report to Congress to evaluate rural PACE pilot sites.

TITLE VII—AS REPORTED BY HEALTH, LABOR, EDUCATION AND PENSIONS COMMITTEE

Provision Violation Description of provision

Sec. 7101(b) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Sense of Senate Language. Part of Sec. 7102, p. 371, line 19—p. 372 line 19 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Findings and purpose for the National Smart Grant Program. Part of Sec. 7102, p. 374 lines 6–11 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Allows schools to provide matching assistance. Sec. 7107(c) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Provides additional loan deferment from repayment for Perkins Loan borrowers serving on active duty during a war or other military operation or national emergency. Sec. 7109 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Repeals the single holder rule, which requires borrowers to obtain consolidation loans from current lender if that lender owns all their loans. Sec. 7122(b) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Requires an evaluation of the simplified needs test. Sec. 7153(d)(3) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Waives requirement for return of Perkins Loans that have been disbursed at institutions impacted by Hurricane Katrina. Sec. 7153(h) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Allows Secretary to modify the teacher quality enhancement grants program. Sec. 7153(i) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Provides Secretary waiver authority to modify authorized uses of grant programs including TRIO, GEAR UP, & teacher quality. Sec. 7153(j) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Allows the Secretary to extend or waive certain data reporting deadlines and requirements. Sec. 7154–7157 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Allows Sec. to waive HEA provisions/regs; waives statutory requirements; & requires inspector general audit and report. Sec. 7201(d)(3) ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Provides that the bill’s premiums do not take effect if comprehensive pension reforms achieving same savings are enacted this year. Sec. 7311 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Updates the names of the House and Senate authorizing committees. Sec. 7314 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Includes provisions dealing with student speech and association rights. Sec. 7315 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Extends the National Advisory Committee on Institutional Quality and Integrity. Sec. 7316 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes higher education drug and alcohol abuse prevention programs. Sec. 7317 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Provides authorization of appropriations. Sec. 7318 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Requires the Secretary to make public information about the costs of higher education. Sec. 7319–7320 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Amends the Performance Based Organization, which administers student aid programs. Sec. 7331 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes the teacher quality enhancement grants program. Sec. 7341–7351 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes programs supporting Historically Black Colleges & Universities, Native Hawaiian & Alaskan Institutions, Tribal Colleges & Universities, & professional/grad institutions for minority serving institutions. Sec. 7362–7370 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes federal student aid grant programs, including TRIO, GEAR UP, SEOGs, LEAP, Byrd scholarships, etc. Sec. 7386–7389 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Requires lenders to provide borrower repayment info to credit bureaus & more consumer info. Sec. 7391–7395 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes federal work-study program. Sec. 7412–7413 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Amends terms of Perkins loans. Provides loan cancellation for early childhood educators, instructors at Tribal Col- leges or Universiteis, and librarians with master’s degrees serving in Title I schools or libraries. Sec. 7432 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Requires the Secretary to provide schools with a calendar of regulatory requirements. Sec. 7437–7439 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Requires schools to provide students with description of credit transfer policies and makes other transfer policy changes. Requires early assessments to students of financial eligibility. Sec. 7442–7443 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Extends experimental sites. Amends provision allowing schools to transfer funds between Perkins loans, Work-study, & SEOG. Sec. 7445–7448 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes Advisory Committee on Student Financial Assistance. Amends regional meetings and deletes Year 2000 requirements. Sec. 7451–7453 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Amends expanded due process procedures of accreditation & online/distance ed courses. Amends provisions re: admin capacity of education institutions. Requires Sec. to give schools info under program review & opportunity to review & respond. Sec. 7501–7507 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes programs that support Hispanic Serving Institutions. Sec. 7601–7622 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes international education programs. Sec. 7701–7716 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes graduate & postsecondary education programs. Sec. 7801 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Misc.—Authorizes new programs, including merit-based math & science scholarships; job skills training in high- growth occupations; support for Teach for America; student retention grants; & fellowships for minority math & science scholars. Authorizes study on cost of postsecondary education. Sec. 7901–7913 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes the Education of the Deaf Act. Sec. 7921 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes the United States Institute of Peace. Sec. 7931–7932 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Repeals HEA programs. Amends Workplace & Community Transition Training for Incarcerated Youth Offenders grant program. Sec. 7941 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes the Tribally Controlled College or University Assistance Act. Sec. 7945–7946 ...... Sec. 313(b)(1)(A)—no chg in OL/rev ...... Reauthorizes the Navajo Community College Act.

TITLE VIII—AS REPORTED BY JUDICIARY COMMITTEE

Provision Violation Description of provision

Portion of Section 8001 on p. 812 line 12 through page Sec. 313(b)(1)(A)—no chg in OL/rev ...... Revises application procedure for immigrants already in U.S. who seek to change their immigration status. 814 line 3.

Mr. JOHNSON. Mr. President, I rise icit Reduction Omnibus Reconciliation Act currently pending before the Sen- today to offer my thoughts on the Def- ate.

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.069 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12215 On its own, this bill would cut about sible to do so at the expense of ordi- debt ceiling by $781 billion. It may sur- $39.1 billion from mandatory spending nary people and struggling family prise many Americans to learn that a programs over the next 5 years. But it farmers when huge agribusinesses con- large portion of our Nation’s public is a mistake to look at this bill on its tinue to reap millions without effective debt is actually held by foreign coun- own because the reconciliation process payment caps in place, and tax cuts for tries like Japan and China. By further under which this bill comes to the floor multimillionaires are being preserved. increasing our debt and the need for is made up of three parts that when put I recently received a thoughtful let- more foreign financing of that debt, we together will cut funding for critical ter on the budget from Bishop Mark S. give other countries substantial lever- programs, implement irresponsible tax Hanson, the presiding bishop of the age over our economy and threaten our cuts, and actually increase both the Evangelical Lutheran Church in Amer- Nation’s economic well-being. Make no deficit and national debt. ica, ELCA, and signed by all 66 ELCA mistake, the decisions we are making Today we are considering the first bishops. I am a member of the ELCA, in enacting this legislation will have part of the reconciliation process, a and while I do not take directions on long lasting consequences for our econ- package of spending cuts. As a member how to vote from my church, my reli- omy. of the Budget Committee, I opposed gious faith and the values it instills in As I said earlier, budgets are about this bill in committee and will oppose me do impact my views. As the letter priorities. The budget proposal we have it when the full Senate votes on it states, ‘‘Programs such as Food before us simply sets the wrong prior- later this week. While I am pleased the Stamps, Medicaid, the State Children’s ities by cutting programs for the most bill contains provisions related to Health Insurance Program (SCHIP), vulnerable in our society to make way FDIC reform that I have fought for, and Temporary Assistance to Needy for additional tax cuts for millionaires, overall this bill simply takes us in the Families (TANF) help to keep strug- all the while increasing the debt bur- wrong direction. gling families together and assist low- den we will pass on to our children and I believe, in the interest of providing income working families in moving to grandchildren. These are not priorities more tax cuts for wealthy Americans, higher economic ground. This is not that I—or the vast majority of Ameri- the leadership in the Senate is cutting the time to cut such important pro- cans—can support. funding for programs, many of which grams while using the cuts to pay for Mrs. MURRAY. Mr. President, to are critical in my home State of South tax breaks for those who don’t need make our country strong again, we Dakota. For example, the bill includes them.’’ need to invest here at home, and that $4.57 billion in cuts to Medicaid that The country faces a series of chal- is why I oppose this budget. It is a bill are the result of changes in the way lenges that Congress is failing to ad- that will cut $35 billion from America’s pharmacies are reimbursed, something dress. Instead of cutting domestic pro- priorities and burden our children with that may harm community pharmacies grams to pave the way for additional massive debt. Simply put, I think in my State. tax cuts, the Congress should focus on America can do better. There are new restrictions placed on solving the problem of soaring energy I will vote against this flawed budg- State Medicaid targeted case manage- costs. High energy prices are a tax on et, just as I did in the Budget Com- ment programs, which have created the middle class and drain disposable mittee last week, because it starves much concern among consumer advo- income, causing the public to spend our highest priorities. Not only that, cacy groups. Also included is a provi- less and make painful tradeoffs all in this bill opens up the Arctic National sion that reduces payments to long- order to keep the car or truck filled Wildlife Refuge to oil drilling, which term care providers for unpaid bene- with gas. The Democrats have a plan to will not solve our energy problems. ficiary payments or ‘‘bad debt,’’ a pro- reduce gasoline prices and help fami- And I have serious concerns about a vision that is being opposed by leading lies with high winter heating costs. Un- House proposal—which could be added nursing home and consumer groups. fortunately, the congressional leader- to the House version of this bill—to Further, I am very troubled by the $3 ship is not focusing on the real needs of split the Ninth Circuit into two small- billion in cuts to agricultural pro- Americans in choosing to devote an ener circuits. grams, including a 2.5 percent across- tire week to a package of budget cuts Mr. President, a budget is a state- the-board cut in commodity programs as part of a larger plan to push a tax ment of priorities. As I look at the and $1.1 billion in cuts to conservation cuts for the rich agenda. challenges facing our country—and as I programs over the next 5 years. This If this truly was a deficit reduction listen to people in my home State of proposal would weaken the essential package, or even if the savings were Washington—it is clear that our top safety net that we need to foster eco- going to pay the costs of hurricane re- priority now must be making America nomic development in rural America lief, that would be one thing. However, strong again. To do that, we need to in- and would be especially difficult in this when this bill is approved, the Senate vest here at home. time of weak commodity prices. The is expected to begin working on the Today, too many people don’t feel se- 2002 farm bill, our contract with rural second piece of the reconciliation proc- cure. They feel like they are one step America, has already come in at $14 ess, an irresponsible tax cut bill. The away from losing their job or their pen- billion under projected costs. Simply reconciliation instructions approved as sion or their healthcare. They are wor- put, agriculture has paid enough. a part of last spring’s budget resolution ried about high gas prices and how If this Senate proposal were not bad provided for an additional $70 billion in they are going to heat their homes this enough, I have little doubt that the tax cuts. winter. They are worried about the package that will be brought back While the tax bill has not been final- men and women in uniform, who are after conference with the House will be ized, early indications are this bill will returning home and can’t find a job or worse. The House is considering a pro- not result in tax breaks for middle and healthcare. They are worried they posal to cut at least $50 billion in working class Americans, but will once won’t be able to afford college tuition spending over the next 5 years. The again reward the wealthiest in our so- for their children. Many people are Washington Post notes that the House ciety. And when these tax cuts are in- worried about the new prescription package will ‘‘cut back Federal aid to cluded, the Republican’s deficit reduc- drug program, which will make life State child-support enforcement pro- tion omnibus reconciliation plan will harder for so many vulnerable families. grams, limit Federal payments to some actually increase the deficit by $20 bil- Today people across America worry foster care families, and cut welfare lion to $30 billion over the next 5 years. about being safe here at home. They payments to the disabled.’’ So what many in the majority party in look around their communities and see In addition, the House bill includes Washington will call trimming the fat aging and unsafe highways, roads and $3.7 billion in cuts to farm programs, actually increases the limit on the na- bridges. After what happened in the including $844 million in cuts to food tional credit card. Gulf Coast with Hurricane Katrina, stamps. This leads to the final piece of the they are worried their own commu- Budgets are about priorities, and I Republicans’ reconciliation plan—Con- nities are not protected. There is a understand the need to bring spending gress will be required to pass legisla- coastline, or a volcano, or a fault line, under control. But it seems irrespon- tion to raise, yet again, the Federal or an aging dam in every State in this

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.053 S02NOPT1 S12216 CONGRESSIONAL RECORD — SENATE November 2, 2005 Nation, and this budget doesn’t make relief for Americans affected by Hurri- has become more environmentally the right investments in prevention or cane Katrina, they want to slash friendly in recent years. While that protection. spending on the program here today. may be true, there are still significant This budget has the wrong priorities. What about agriculture—programs environmental impacts for this sen- I believe we should be providing great- that make sure we can feed our Na- sitive region. Exploration means a er investments in the tools that spur tion? This bill also cuts agriculture in- footprint for drilling, permanent roads, economic growth and help all Ameri- vestments by $3 billion, and that will gravel pits, water wells, and air strips. cans—education, health care, transpor- have a painful impact on our family We recognize that our economy and tation, and job training. In short, we farmers who are struggling today. Just lifestyle require significant energy re- should be making Americans more se- last week, I sat down with farmers sources, and we are facing some impor- cure. Unfortunately, the package be- from Washington State, and I can tell tant energy questions. However, open- fore us today does just the opposite. It you they are reeling from drought and ing ANWR to oil and gas drilling is not cuts $35 billion from areas like high fuel and fertilizer prices. This bill the answer to our energy needs. healthcare and education. makes their lives even harder by re- And let’s keep in mind that drilling And what is more, this is only the tracting the support that helps family in ANWR will not make us less depend- first step in the reconciliation process. farms get by and will impact our coun- ent on foreign oil. As a Nation, the You will not hear much about it from try’s ability to ensure we will be able only way to become less dependent on the other side of the aisle, but in the to feed our Nation and keep our coun- foreign oil is to become less dependent coming weeks, the Senate is scheduled try strong. These farm families need on oil overall. The oil reserves in to take up the next piece of the rec- our help, but Republicans just say no. ANWR are not enough to significantly onciliation process—a massive tax This bill also undermines the pension reduce our dependence on foreign oil. giveaway that’s even bigger than the plans of millions of hard-working There are better ways to meet Amer- cuts we’re considering this week. Americans. This is a top anxiety for ica’s energy needs—including boosting So what’s happening here today is people everywhere I go. Is my retire- fuel efficiency, expanding the use of we’re being asked to make painful cuts ment gone? What happened to my secu- homegrown renewable and alternative for average Americans so that in a few rity? fuels, investing in new technologies weeks we can turn around and give This bill will increase the financial like fuel cells, developing and deploy- massive giveaways to the most well off. burden on companies and drive more ing more energy efficient technologies, That is what’s really going on here. employers into bankruptcy and out of and improving conservation and energy The massive tax cut package that’s the defined benefit pension system. It efficiency. Drilling in ANWR is not a coming soon would give billions away more than doubles the Pension Benefit serious answer to our country’s serious to the richest people in our country. Guaranty premiums, and it will index energy challenges, and it should not be Multi-millionaires and special inter- those payments in the future. This included in this budget bill. ests will reap the benefits from these budget we are debating today under- Another reason I am voting against budget-busting tax breaks, including mines the carefully crafted bipartisan this bill is because it will clearly get capital gains and dividends tax breaks. pension reform bill that the HELP much worse in conference—through In fact, the upcoming tax breaks ex- Committee bill recently passed unani- steeper cuts in critical investments. ceed the spending cuts we’re consid- mously. America’s pension policy This budget bill already cuts $35 billion ering this week by more than $30 bil- should be driven by what is best for from America’s priorities. And on the lion. American workers, retirees and em- House side, leaders are working to cut And who benefits? 53 percent of the ployers—not by the need to meet an ar- an additional $15 billion from infra- benefits of capital gains and dividends bitrary budget target. structure, education and healthcare. go to those with incomes greater than And of course, this budget opens That would move this bill even further $1 million. Listen to the facts. On aver- ANWR up to shortsighted drilling. This in the wrong direction. age, those who make more than $1 mil- misguided effort is especially trouble- Finally, I am very concerned about a lion would get tax cuts of more than some, and is worth a few minutes of possible attempt in the House—which $35,000. But those with income under time here on the Senate floor. We are we may see next week—to split the 9th $50,000 would get just $6. all concerned about the high cost of en- Circuit. Something is clearly out of whack. ergy. It’s a tremendous burden for fam- As a member of the West Coast dele- The Senate leadership wants to im- ilies, businesses and farmers. We gation, I strongly oppose this change. pose painful cuts on average families should use that concern to make wise The House proposal is not warranted by today. Why? So that in a few weeks choices that will actually help our the facts and is not supported by the they can give massive tax cuts to the country. Instead, this bill takes short- judges on the circuit. Back in 1980, most well off. That is wrong. sighted steps in the wrong direction. when Congress split the 5th Circuit, all Today people are hurting on the Gulf The responsible way to address our en- of the judges supported that move. But Coast. People are concerned for their ergy problems is to focus on long term today, that is not the case. I under- safety—be it by terrorist attack or flu solutions like reducing our need for oil, stand that a majority of judges on the epidemic and instead of meeting these and investing in clean, renewable en- 9th Circuit oppose the split. I’ve spo- important priorities, the Senate will ergy sources. ken with some of them, and they have cut spending, give away tax cuts, and I oppose drilling in ANWR because said a split could create new problems. increase the amount of debt each the potential benefits do not outweigh They pointed out that splitting the American owes. the significant environmental impacts. circuit would impose new costs for fa- Taken together, these efforts rep- The Arctic National Wildlife Refuge is cilities, staff and administration. The resent the core values and priorities of an important and unique national efficiency we have today would turn to the Republican Congress, but not of the treasure. It’s the only conservation duplication tomorrow if the circuit is American people. America can do bet- system in North America that protects divided. There would be significant ter. The bill before us this week cuts a complete spectrum of arctic eco- costs to establish a new circuit head- important programs while doing al- systems. It’s the most biologically pro- quarters and to create a duplicate ad- most nothing to address the real prior- ductive part of the Arctic Refuge. And ministration system. In an era of lim- ities facing our nation. it’s an important calving ground for a ited budgets, this makes little sense. First let me talk about Medicaid—a large herd of caribou, which are vital As the ranking member on the sub- health care program, a safety net for to many Native Alaskans. Energy ex- committee that funds the Judiciary, I our country’s most vulnerable and ploration in ANWR would have a sig- know we don’t have extra money to sickest. This bill cuts Medicaid spend- nificant impact on this unique eco- spend to duplicate administrative serving for those least among us by $27 bil- system. ices. lion. At the same time, Republican Further, development will not pro- A split would also lead to a duplica- members of this body are refusing to vide the benefits being advertised. Pro- tion of cases. Today, by deciding cases take up and pass bi-partisan Medicaid ponents claim that energy exploration for nine States, the circuit provides

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.052 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12217 clear, uniform guidance to district are prevented from reaching the point help them maintain active, healthy courts. That prevents a duplication of of full-blown AIDS. lives. That is a strategy I fully support. cases. If the circuit is divided, issues Like the breast and cervical cancer I will be working with the leadership decided in the new 9th Circuit would benefit, ETHA would provide States as the debate moves forward today to have to be decided again in the new the incentive of an enhanced Federal schedule a vote on this amendment. At 12th Circuit, doubling the use of judi- Medicaid match to extend coverage to the appropriate time, I ask for my col- cial resources and costing even more those individuals living with HIV—the leagues’ support on this bill that is not money. And in addition to the massive same rate that is paid to them to oper- only fiscally responsible, but the right cost associated with splitting the 9th ate their S-CHIP programs. thing to do. Circuit, the change would split the Realizing the tight budget con- AMENDMENT NO. 2351 West Coast Technology Corridor into straints we are currently facing, I have Mr. CARPER. The last time I came two different circuits. That could have restructured my original ETHA pro- to the floor to discuss the benefits of a paralyzing effect on IT and tech- posal into a 5-year demonstration reinstating the pay-as-you-go rules, I nology growth since there would be a project that is capped at $450 million. related to everyone the theory of holes. weaker judicial foundation. States will apply to the Centers for As much as I like talking about Den- I share my concerns about this be- Medicare and Medicaid Services to nis Healey, who used to be Great Brit- cause next week there may be an effort offer Medicaid coverage to low-income ain’s Chancellor of the Exchequer, I in the House of Representatives to at- individuals who have been diagnosed was hoping that I wouldn’t have to tach the judicial provision to the with HIV. again remind my Senate colleagues of House version of this bill. I want House This scaled back version would pro- his wisdom. Members to know that as a member of vide Congress and CMS the opportunity The theory of holes is simple. It says, the affected delegation—and as the to learn more about the cost-saving when you find yourself in a hole, stop ranking member of the subcommittee benefits of providing treatment to digging. Not only are we still digging, that funds the Judiciary—I oppose this those with HIV in the early stages of we also seem to be digging more furi- change. their illness. It is expected that in ad- ously, taking ourselves to new fiscal Mr. President, this budget plan has dition to Medicaid, other Federal pro- depths. the wrong priorities and that is why I grams—like SSI and Medicare—will re- Last year, we dug our way to a $319 am voting against it. We need to make alize significant long-term savings by billion budget deficit, which is the America stronger and invest here at preventing individuals from being dis- third worst deficit in the history of our home. This budget does just the oppo- abled by full-blown AIDS. country. That number, by itself, is a site—cutting key investments in the Additionally, with more and more clear indicator of our current fiscal things that our people need. Why? To states having financial difficulties with misfortunes. have money for tax cuts for the their AIDS Drug Assistance Pro- What is more telling is that num- wealthiest. America can do better. I grams—such as North Carolina, Ne- ber—again, a $319 billion deficit—was urge my colleagues to reject these braska, Missouri and Minnesota—it is hailed as good news by some in the cur- flawed priorities and work to invest in important that we provide alternative rent administration. Why? Well, be- that which will make our country and methods of delivering treatment to cause, at the beginning of the year, ev- our people strong. those individuals with HIV/AIDS who eryone expected the deficit to be over Mr. SMITH. Mr. President, more and may be living in poverty. $400 billion. An improvement from more our country’s fight against HIV/ Most importantly though, the assist- worse to bad is still bad. AIDS is being hindered because we are ance authorized by this proposal will It is no wonder that many Americans not focusing enough of our resources help individuals with HIV lead think Washington, DC is no longer in on treating individuals who have been healthier, longer lives, so that they can touch with reality. Where they live—in diagnosed with HIV so we prevent their remain active participants in both the towns large and small across Delaware illnesses from progressing to full-blown community and the workforce and im- and across America—this kind of fiscal AIDS. This is especially true for those prove their chances of living to one day recklessness is not an option. To the with low-income who may lack stable see a cure for their illness. contrary, the vast majority of the peo- access to potentially life-saving phar- As I mentioned, the cost of this ple we serve strive to live by two sim- maceutical treatments and other amendment is $450 million over 5 years. ple rules: Live within your means and health care services. That amount would be offset with a .8 pay as you go. While Medicaid is an important pro- percent increase in the brand-name In turn, families demand that their vider of health care to vulnerable prescription drug rebate. I realize that State and local governments live by Americans living with AIDS, they gen- the package already includes an in- the same rules. We in Congress used to erally must be disabled before they can crease in the drug rebate, but the addi- live by those same rules. Unfortu- qualify for coverage. In a sense, we re- tional request made in this amend- nately, they were allowed to expire in quire them to become sicker before ment, less than one percent, will have 2002. they can get treatment, and that is an enormous payoff in the long-run. I We have been close to reinstating simply not right. don’t believe it’s too high a price to pay-as-you-go budgeting on two occa- Full-blown AIDS is an incredibly pay for the benefits that ETHA will sions since 2002. A year ago, the Senate costly illness and it has much more of provide the Federal and State govern- voted to reinstate it. Unfortunately, it an impact on an individual’s quality of ments, as well as individuals living did not survive conference and was life than HIV. That is why it is impor- with HIV. dropped out of the final compromise. tant for us to focus our resources on Mr. President, I ask my colleagues to Then, earlier this year, we fell one vote providing early treatment to individ- support this amendment. I understand short of again passing pay-as-you-go uals with HIV. that there is concern over keeping the budgeting. Earlier this year, I, along with 27 of underlying package that was passed by With this amendment, Senator my colleagues, filed legislation that the Finance Committee intact. I assure CONRAD is giving us another oppor- would have allowed states the option of you that this amendment will not af- tunity to again live within our means providing Medicaid coverage to low-in- fect the bottom-line savings Chairman and to pay for the things we find worth come individuals who have been diag- GRASSLEY and other members—includ- doing. nosed with HIV. The initiative, known ing myself—worked so hard to achieve Pay-as-you-go budgeting requires as the Early Treatment for HIV Act, or in title VI of the Deficit Reduction that proposals to increase spending ETHA, was modeled after the success- Act. would have to be offset, either by cut- ful breast and cervical cancer benefit In fact, in the long-term, my amend- ting other spending or by raising rev- added to Medicaid program several ment should increase savings to the enue. Likewise, if I were to propose a years ago. My amendment would pro- Federal Government by providing tar- tax cut, I would have to come up with vide the care in the same ‘‘early is bet- geted, effective care to those individ- an offset to make sure the hole we are ter’’ fashion, so that more HIV cases uals who genuinely need it, which will in was not dug deeper.

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.052 S02NOPT1 S12218 CONGRESSIONAL RECORD — SENATE November 2, 2005 Pay-as-you-go budgeting served us for a well-educated and highly skilled school districts and accounts estab- well during the 12-year period it was in workforce. If we continue on the path lished on behalf of students attending force. And, it is important to note that we are on, we will not have people with nonpublic schools. during that time it applied to both the the talents and the skills we will need The amendment helps schools di- spending and tax sides of the ledger. to fill the jobs that will be created over rectly impacted by the hurricane re- That kind of across-the-board fiscal the next few years. In this decade, 40 open their doors by providing $450 bil- discipline eventually lead to our elimi- percent of job growth will be in posi- lion in grant assistance. These grants nating the deficit, establishing budget tions requiring a postsecondary edu- are meant to supplement FEMA fund- surpluses and even beginning to pay cation. ing to ensure the effective use of Fed- down a significant portion of the pub- If our students and workers are to eral funds and can be used to assist licly held debt. have the best chance to succeed in life those who are working to reopen these That is not a bad record. In fact, it is and employers to remain competitive, schools. a good one. And, it looks especially we must ensure that everyone has the The largest portion of the funding good when compared to our current pe- opportunity to achieve academically under this amendment is focused on riod of record deficits and a national and obtain the skills they need to suc- easing the temporary transition of stu- debt of over $8 trillion. ceed, regardless of their background. dents into new schools, both public and We cannot continue down the fiscal For many, acquiring a postsecondary nonpublic, through one-time emer- path we are currently on. A fiscal pol- education or training will be the key to gency aid. These funds will be used to icy based on cutting taxes, on increas- their success. help defray the additional costs in- ing spending and then on borrowing This amendment also provides fis- curred as a result of enrolling displaced whatever is needed to make up the dif- cally responsible temporary aid for students and provide assistance to ference cannot be sustained. more than 300,000 students displaced by schools in a nonideological and respon- Moreover, today’s borrow-and-spend Hurricane Katrina. As soon as they sible way. policies are as immoral as they are could, both public and nonpublic Quarterly payments are made based unsustainable. We are running up bills schools in neighboring communities, on the head count of the displaced stu- that will be left for our children and regions, and States enrolled these students temporarily enrolled in schools. grandchildren to pay. dents. Many of these displaced students The total for these four payments is However, we still have time to do the are still enrolled in schools that are $6,000—$7,500 for students with disabil- right thing. We still have time to begin not the ones they would have been at- ities—per displaced student or the cost to put our fiscal house in order. Voting tending had Hurricane Katrina not of tuition, fees, and transportation for for Senator CONRAD’s amendment to re- struck. nonpublic students, whichever is less. instate pay-as-you-go budgeting would This amendment includes provisions Parents of displaced students verify be a good start to that end. from the Hurricane Katrina Elemen- that they have made the choice for AMENDMENT NO. 2352 tary and Secondary Education Recov- their child to attend a nonpublic Mr. ENZI. Mr. President, the amend- ery Act, S. 1904, a bipartisan com- school, and the nonpublic school must ment that I have offered along with promise that accomplishes the com- attest to the use of funds and the num- several of my colleagues be explained mon goal of providing relief to support bers of displaced students in attend- very simply—it commits the education the instruction and services that the ance. savings above the HELP Committee students displaced by this terrible The assistance provided through this reconciliation target to students. storm need in order to continue their amendment is temporary—it sunsets at As chairman of the Committee on education, regardless of whether it is the end of this school year. This Health, Education, Labor, and Pen- in a public or nonpublic school. amendment is necessary because of the sions, my committee received the larg- With this amendment we will be pro- extraordinary circumstances and the est reconciliation instruction—$13.65 viding one-time, temporary, emergency emergency nature of this situation. billion in spending cuts over 5 years. aid on behalf of these students. These Our efforts must be focused on ensur- That is nearly 40 percent of the overall displaced students deserve help to con- ing that the educational needs of the target. We exceeded that target and re- tinue their education under these ex- children affected by this unprecedented ported legislation with net savings of traordinary circumstances caused by a emergency are addressed, and I believe $16.4 billion over 5 years. That is an ad- disaster of unprecedented scope. At the that this amendment achieves that ditional $2.75 billion beyond HELP’s same time these States and schools goal. I am sure that some of you have reconciliation target. need realistic, fiscally responsible as- heard from school groups opposing this This amendment ensures that extra sistance from the Congress to accom- amendment. I am surprised that groups savings generated from education will modate the students they have taken representing the very schools and stu- be returned to students. Let me be into their education system, who came dents that have been most impacted by clear, education savings should be for to them without any property tax base this disaster are now opposing efforts students. or tuition payment which had already to provide relief to their students, The amendment makes higher edu- been made. Our top concern was to teachers, and administrators. It is im- cation more affordable for students by make sure that all displaced students portant that we provide this much- reducing the cost of college by low- continued their education. needed relief to those who are working ering the origination fees students pay Some students are already returning to make sure our displaced students on Federal student loans. The current home as their schools reopen, but se- don’t suffer even more than they al- origination fee of 3 percent would be vere problems of displacement remain. ready have by this extraordinary dis- reduced to 2 percent under my amend- Many schools will remain closed for aster. ment. This change of 1 percent can the entire school year. This amend- I urge my colleagues to support this save students at least $500 over the 10- ment is a one-time temporary solution amendment. Education savings should year life of the loan. For independent that sets aside ideological differences go to students. An investment in our and graduate students, these savings to make sure that children are not students is an investment in our fu- are even greater. harmed unnecessarily by the impact of ture. Why is it important that higher edu- this unprecedented disaster. It focuses Mr. GREGG. Mr. President, we have cation be more affordable? Because on the immediate needs of students now completed, for all intents and pur- education beyond high school and life- with the expectation that they will re- poses, all of the debate on the deficit long learning opportunities are vital to turn home to their local school. reduction bill, 20 hours. That will be ef- ensuring that America retains its com- Let me briefly describe what this fective as of 6 o’clock. petitive edge in the global economy. amendment does. First and foremost, it I would note once again, as the Sen- Technology, demographics, and diver- provides support for all displaced stu- ator from North Dakota has noted and sity have brought far-reaching changes dents, ensures accountability, and is I have noted, tomorrow we begin a fair- to the U.S. economy and the work- fiscally responsible by sending the ly complex and lengthy process of vot- place, including an increased demand funds through regular channels to local ing on the amendments that have been

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.059 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12219 offered. There are 16 or so amendments counterpart, the Community Right to these responsibilities away from the in- already pending, which represents Know Act, better known as EPCRA, to tent of the law, as spoken to so very many hours of voting, and there may emissions or discharges primarily from clearly by this Congress in the creation be additional amendments offered. Ob- livestock and poultry waste produced of those two entities, EPCRA and viously, we hope they will be limited during the normal course of farming CERCLA. because there is a desire, I believe, by operations. Another provision of the Superfund most people to complete this bill to- Someone would say, You mean a law allows EPA to fine violators up to morrow. But if we do not finish all the dairy farm or a poultry operation $27,500 per day. Does that sound like a voting by 6 o’clock, then we will move ought to be plunged into Superfund? sum tailored to fit a farmer? Environ- the events over until Friday because Well, that is exactly what is being at- mental groups would have you think this bill will be completed under either tempted at this moment and, of course, that, well, you know, this is only for scenario. we would say no. The reason we say no the big boys, the big operators. But At this time I want to thank again is because when those laws were cre- then they do not define big. They say, the Senator from North Dakota and ated by Congress, agriculture was well, large concentrated herd areas. It the staff for their courtesy, their pro- clearly exempt. It was intended to be is the small versus large issue. Once it fessionalism, their effort to move this and it was exempt at that time. If you is well established that large operators bill along in a very constructive way as were to put agriculture into the in American agriculture are required we moved through the debate process. I CERCLA/EPCRA issue, according to to comply under these acts and meet also especially wish to thank my staff, EPA’s own description, then you have the standards of the acts, any of us who which has done a great job of getting changed the whole dynamics. have ever watched the progress or the us to this point. Tomorrow is going to According to the EPA’s own descrip- evolution or the migration of law be a fairly intense period for these tion, the Superfund law is ‘‘the Federal through the courts over time know it folks and we appreciate them in antici- Government’s program to clean up the is only a moment in time before the pation of all the work they are going to nation’s uncontrolled hazardous waste small operator is included. have to do. sites. Under the Superfund program, I made an effort during Agriculture Mr. President, I will yield back the abandoned, accidentally spilled, or ille- appropriations and Agriculture appro- remainder of the time on this amend- gally dumped hazardous wastes that priations conferences to clarify this ment and ask unanimous consent that pose a current or future threat to issue and to say once again very clear- for the purposes of this bill, all time be human health or the environment are ly to the American public the intent of deemed to have expired relative to de- cleaned up.’’ the laws of Superfund and Community That is the responsibility of EPA bate. Right to Know, and those intents were under that issue. Are dairies and The PRESIDING OFFICER. Without very clear—not to include American feedlots uncontrolled and abandoned objection, it is so ordered. agriculture. It isn’t the big versus hazardous waste sites? That is what we Mr. GREGG. Mr. President, I under- small issue at all. It is where do you are talking about at this moment. rest the responsibility on the issue. It stand the next item of business will be EPA goes on to say that ‘‘the Super- is not to say that American agriculture the Agriculture appropriations con- fund law created a tax on the chemical doesn’t have a responsibility. Of ference report. and petroleum industries and allowed course, they do. And they are fulfilling I make a point of order that a the Federal Government to respond to quorum is not present. releases or potential releases of haz- that responsibility under State law, The PRESIDING OFFICER. The ardous wastes that might harm people under county zoning, under EPA, under clerk will call the roll. or the environment. The tax went to a the Clean Water Act and the Clean Air The legislative clerk proceeded to trust fund for cleaning up abandoned or Act. These are issues that I hope this call the roll. uncontrolled hazardous waste sites.’’ Congress will soon address. Mr. CRAIG. Mr. President, I ask The question is, if we allow the As to my amendment that I at- unanimous consent that the order for courts and the legal process to drive tempted, that the Republicans in the the quorum call be rescinded. those in agriculture into EPCRA and Senate did support in the conference, The PRESIDING OFFICER. Without into CERCLA—again the Superfund the conference collapsed itself so that objection, it is so ordered. law and the Community Right to Know it would not have to deal with this f law—is Congress then ready to appro- ‘‘thorny issue’’ of the moment; it priate moneys for other concentrated walked away from the National Asso- AGRICULTURE APPROPRIATIONS ciation of State Departments of Agri- CONFERENCE REPORT herd releases that might result? Should dairies, poultry farms, farmer-owned culture that supported our effort and Mr. CRAIG. It is my understanding cooperatives, and others be required to the Southern Association of State De- that for the remainder of the day, we pay into Superfund as the nuclear lab- partments of Agriculture because at have completed work on budget rec- oratories and the petroleum industry the State level, State Departments of onciliation and we are about to move do? Agriculture get it, they understand it, to the Agriculture appropriations con- That was never the intent of Con- and they know this has to be clarified. ference. I understand Chairman BEN- gress, and in trying to speak to that We cannot let the trial bar, if you will, NETT is on his way to the floor, and as issue, Congress has to date been silent and communities of interest try to re- soon as he gets here I will yield, but I because environmental groups have write public policy through the court thought for the few moments that removed in and are standing at the doors process. That is exactly what is going main prior to that, I would discuss that of some of my colleagues, wringing on today. Several lawsuits have been very important appropriations con- their hands and saying oh, no, no, com- filed in this effort. ference we will soon be discussing. munities have the right to know and it I am certainly going to be back, as I The reason I want to do that is be- ought to be included in all of this, even know many of my colleagues will, in cause I made an effort during the ap- though the law says not. attempting to deal with this very im- propriations conference to deal with Now, that is not to say that these ag- portant issue. I do respect what Chair- what I believe is a major issue threat- ricultural entities of the day are not man BENNETT had to do to move the ening American agriculture today that responsible for clean air and clean Agriculture appropriations conference the Congress has largely ignored at water. They are under the Clean Water forward. I had hoped we could get the this moment, and the courts are now Act and the Clean Air Act. They work CERCLA and EPCRA amendment into working their will and the trial bar is with EPA in those standards. They the conference, but it is not here. The working its will at the moment to try work with their State environmental conference is silent to it. The con- to change the intent of law. councils and environmental depart- ference did good work. I am pleased to The agricultural industry is, I think, ments to meet those kinds of stand- see that we could get as far as we could very concerned about litigation actions ards. get in a variety of issues. being taken to apply the Superfund What we are talking about is a legal The chairman and the ranking mem- law, referred to as CERCLA, and its issue attempting to shift, if you will, ber are now in the Chamber. They had

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.124 S02NOPT1 S12220 CONGRESSIONAL RECORD — SENATE November 2, 2005 a tough road to meet budget reconcili- House recede from its disagreement to the Americans, Hispanic, and historically ation with what they were allocated. I amendment of the Senate and agree to the Black centers of learning, and exten- know that was difficult, and I appre- same with an amendment and the Senate sion programs that teach nutrition in ciate the work my staff was able to do agree to the same, signed by a majority of low-income communities. conferees on the part of both Houses. with the chairman and the ranking In pest and disease control, there is member’s staffs to get where we got The PRESIDING OFFICER. The Sen- more than $820 million to protect with what we have today. I wish we had ate will proceed to the consideration of American agriculture, forests, and hor- my amendment. I don’t want those who the conference report. ticulture from plant and animal dis- say they stand for agriculture walking (The conference report is printed in eases. away from this issue and allowing the the proceedings of the House in the For those interested in rural develop- courts to rewrite public policy. If we RECORD of October 26, 2005.) ment, the bill provides for nearly $5 are responsible practitioners of public The PRESIDING OFFICER (Mr. billion in single and multifamily hous- policy—and that is what we are—then DEMINT). The Senator from Utah is ing in rural areas, and more than $6 this is an issue we well ought to take recognized. billion in electric and telecommuni- on. Every State in the Nation has this Mr. BENNETT. Mr. President, I ask cations loans. problem today, and we ought not let unanimous consent that at the conclu- Turning to the Food and Drug Ad- the bar, the courts, and a few inter- sion of my remarks, the following Sen- ministration, there is a $62 million in- ested parties rewrite our laws. ators on our side be allowed to speak crease over fiscal year 2005, with key I hope we can address this again at on the conference report: Senator increases of $10 million for drug safety, another time. BURNS for up to 15 minutes; Senators $7.8 million for medical device review, I do appreciate the work that was ENZI, CRAIG, and THOMAS for up to 10 and $10 million for food safety. Overall, done. There were a lot of issues left on minutes each; Senator THUNE for up to however, the spending level remains the table in this conference I hoped we 7 minutes; and Senator CORNYN for up consistent with the previous year and could have addressed, that we could to 5 minutes. does not represent for the entire bill a then get to, certainly those which Mr. DORGAN. Reserving the right to major spending increase. dealt with healthy forests, categoric object, I assume the request means we I ask for the support of all Senators exclusions, and other issues, but that is will go back and forth in rotation for this conference report. debate for another day. across the aisle. I reserve whatever time may be left The chairman is in the Chamber. It is Mr. BENNETT. Mr. President, that is after the Senators have exercised their 6 o’clock. It is his time to bring forth my understanding. This is the reserva- rights. the Agriculture appropriations con- tion of time on my side so that Sen- The PRESIDING OFFICER. The Sen- ference report. I thought I would use ators will know the time is reserved for ator from Wisconsin. some of the limited time we have to de- them, and if one Senator might other- Mr. KOHL. Mr. President, I rise bate this important appropriations wise be tempted to run on, the order today in support of the appropriations conference report. can be called so that every Senator will conference report for Agriculture, Mr. President, I yield the floor. have his right for speaking reserved. It Rural Development, FDA, and related The PRESIDING OFFICER. The Sen- does anticipate time will go back and agencies. ator from Utah. forth between the two sides. Our conference allocation of just over The PRESIDING OFFICER. Without $17 billion was a $258 million reduction f objection, it is so ordered. from the Senate-passed level, but I APPROPRIATIONS FOR AGRI- Mr. BENNETT. Mr. President, I am think we did a good job preserving the CULTURE, RURAL DEVELOP- pleased to present to the Senate the Senate priorities. This bill contains MENT, FOOD AND DRUG ADMIN- conference report to accompany H.R. funding vital for research, conserva- ISTRATION, AND RELATED 2744, which provides funds for the De- tion, nutrition programs, rural devel- AGENCIES FOR THE FISCAL partment of Agriculture, Food and opment, and the Food and Drug Admin- YEAR ENDING SEPTEMBER 30, Drug Administration, and the Com- istration. Some of the bill’s highlights 2006—CONFERENCE REPORT modity Futures Trading Commission include the following: for fiscal year 2006. For research programs, including the Mr. BENNETT. Mr. President, I ask I will mention a few highlights of the Agricultural Research Service and the unanimous consent that the Senate bill to demonstrate why it benefits not Cooperative State Research, Edu- now proceed to the conference report just farmers and ranchers but every cation, and Extension Service, the bill to accompany the Agriculture appro- constituent of the Members of the Sen- provides an increase of nearly $66 mil- priations bill; provided further that fol- ate. lion to support work on solutions to lowing the completion of that debate it On nutrition, this bill provides for many problems faced by farmers—in- be laid aside, that the vote occur on more than $12.6 billion in child nutri- cluding research programs for BSE or adoption of the conference report to- tion programs, $5.2 billion for the mad cow disease, Johne’s Disease, soy- morrow morning immediately fol- Women, Infants and Children nutrition bean rust, and countless other pro- lowing the remarks of the two leaders. program, and nearly $108.3 million for grams. The PRESIDING OFFICER. Is there the Commodity Supplemental Food The conservation title of this bill objection? Without objection, it is so Program. contains funding for important water- ordered. I know particularly in response to shed improvements, including soil and Mr. BENNETT. Mr. President, it is Katrina that there has been great con- water erosion control, flood control, my understanding we now have 2 hours cern about WIC in the country as a and watershed dam rehabilitation. The equally divided to discuss the con- whole. This bill funds WIC. Natural Resources Conservation Serv- ference report. For the farmers, ranchers, and con- ice received an increase in this con- The PRESIDING OFFICER. Once the servation, there is more than $2 billion ference report of more than $12 million clerk reports the conference report by in farm ownership and operating loans, over last year. title, that is correct. $840 million for conservation oper- Nutrition programs also received in- The clerk will now report. ations, and more than $1 billion total creases over last year in this con- The assistant legislative clerk read for all USDA conservation programs. ference report. Child nutrition pro- as follows: For those of us who are concerned grams receive $12.6 billion, an increase The Committee of conference on the dis- about research, there is more than $2.5 of more than $870 million to provide agreeing votes of the two Houses on the billion for research on nutrition, crop school lunches to low-income kids. The amendment of the Senate to the bill (H.R. and animal production, bioenergy, ge- WIC program received $5.257 million, 2744) making appropriations for Agriculture, Rural Development, Food and Drug Adminis- netics, and food safety. an increase of nearly $22 million, and tration, and Related Agencies for the fiscal There is funding for cooperative re- language proposed by the administra- year ending September 30, 2006, and for other search with agriculture and forestry tion to restrict eligibility and cap ad- purposes, having met, have agreed that the schools in every State and with Native ministrative funds was not included.

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.125 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12221 The Food Stamp Program received an this bill. It seems to me we ought to Mrs. MURRAY. Mr. President, I rise increase of more than $5.5 billion, and move back to the original purpose and this evening to talk about an issue the Commodity Supplemental Food get it back in place. that affects Americans all across the Program received an increase over last It is very important that we deal country, and that is the credibility of year as well. with this issue as we look forward to the FDA. In the rural development title, more the trade meetings. We are shortly I thank Senator BENNETT and Sen- than $700 million is provided for the going to be going to Doha and we have ator ENZI, who are both here, for their Rural Community Advancement Pro- gone to Hong Kong. This is one of the work in a bipartisan fashion on the gram. The Rural Housing Service re- issues being talked about in agri- language that was put into the Agri- ceived an increase of $105 million above culture and agricultural trade and, culture appropriations bill. I also last year’s level, bringing the total quite frankly, the nature of trade in thank Senator KOHL for his help. loan authorization level of more than this world is such that we are going to Every time I come to the floor to $5 billion to provide housing to low-in- see more and more trade of agricul- talk about the FDA and plan B, I hope come rural Americans. tural products. As that happens, it is it will be the last time. I continue to The Food and Drug Administration legitimate for the consumers in this hope that the FDA and HHS will do the received nearly $1.5 billion this bill, an country to say: I want a product that right thing and put science, safety, and increase of nearly $40 million over last was made in the United States and to efficacy over politics. Unfortunately, year’s level. This includes increases for be able to know that. over the past couple of years, I, along medical device review, drug safety, We do this on lots of products. We do with millions of Americans, have been food defense and BSE. it now on fish and shellfish, and it ap- disappointed time and time again. The bill Senators have before them is pears to be working. We ought to do it I have always supported a strong and a product of multiple hearings, regular as well on livestock. There is a variety independent Food and Drug Adminis- proceedings in both the House and Sen- of products that have come in. We will tration. It is the only way in which the ate, nearly a 3-hour conference meet- see more and more of it around the FDA can truly operate effectively and ing, and countless staff hours. While world as time goes on. with the confidence of American con- this may seem unremarkable, it is, in We are very proud of our livestock sumers and health care providers. fact, the first time since the fiscal year program in the United States, cer- Americans have to have faith that 2002 bill that the Agriculture appro- tainly the healthy part of it, the ac- when they walk into their pharmacy or priations bill has come through this ceptable part of it for markets. I think their local grocery store that the products they purchase are safe and effec- process in the regular order. we are going to see more of a tendency At the end of the day, while not per- toward marketing these products be- tive and that their approval has been based on sound science, not on political fect, I believe we have produced a good cause of the health issues, so there is pressure, not on pandering to interest bill, one that comes as a result of much no reason why they cannot be marked groups. hard work and compromise on all sides. as well for their country of origin. It is That is why the application process I thank Senator BENNETT and his important we do that, that we get for plan B emergency contraceptives staff—John Ziolkowski, Fitz Elder, away from this idea of simply pro- has been so troubling to me. Hunter Moorhead, Dianne Preece, and longing it and setting it off, and that Back in December 2003, 2 years ago, Stacey McBride—for once again work- we come to grips with letting the bill the FDA’s own scientific advisory ing with my staff as closely as they that has already been passed and ac- board overwhelmingly recommended did. cepted come into place. approval of plan B over-the-counter ap- On my side, I thank Galen Fountain, This business of delaying does not plication by a vote of 23 to 4. But the Jessica Arden, Bill Simpson, and Tom seem to be right. It was supposed to FDA has not adhered to its guidelines Gonzales worked very hard as well. To- have been implemented in 2004, and it for drug approval and continues to drag gether both sides made every effort to was designed to do that. It was delayed its heels. protect Democratic priorities, as well for 2 years, until 2006. The appropria- In fact, Alastair Wood, who is a mem- as Republican priorities, for the good tions bill before us delays it again until ber of that advisory panel, said: of everyone. I believe the strong bipar- 2008. What’s disturbing is that the science was tisan relationship we have on this sub- There are two points I wish to make. overwhelming here, and the FDA is supposed committee has resulted in a bill for One, it is a valid concern and some- to make decisions based on science. which all Senators should be proud to thing we should be doing. It is good for It is obvious to me—to many of my vote. the market, it is good for agriculture, colleagues—and to millions of Amer- I urge Senators to do just that and it is certainly good for consumers, it ican women that something other than vote in favor of adopting this con- helps us be stronger in the inter- science is going on now at the FDA, ference report. national trade situation, and it is and it is far past time to get to the bot- Before I yield the floor, I ask unani- something we ought to do. tom of it. mous consent that time be allotted for Furthermore, it is not proper to be That is why I am especially pleased the following Senators to speak on this simply setting it back, to have it as an that I have been able to secure bipar- conference report on the Democratic amendment on these bills and move it tisan language in the Agriculture ap- side: 5 minutes for Senator MURRAY, 10 back another couple of years. propriations conference report that ex- minutes for Senator DORGAN, and 15 The last time the Senate voted on presses the sense of both bodies of Con- minutes for Senator HARKIN. COOL was in November of 2003. The gress that enough is enough. I yield the floor. vote was 58 to 36 in support of manda- The language simply says: The PRESIDING OFFICER. Without tory COOL. The conferees remain concerned about the objection, it is so ordered. This has been very disappointing. I legal and regulatory issues relating to ap- The Senator from Wyoming. happen to know there are other Sen- proval of drugs as both prescription drugs Mr. THOMAS. Mr. President, I rise to ators in the Chamber who would like to and over the counter products, and urge the talk about an issue that did not sur- talk about this topic, so I will not take FDA to expedite rulemaking on this topic. vive the conference, and I am hopeful any longer. If the leaders of FDA and HHS refuse we can replace it. I am talking about I close by saying we need to take a to take the steps to restore the con- the country-of-origin labeling. As we look at the future of agriculture, we fidence of the American consumers and know, a couple of years ago we put need to take a look at the future of FDA’s ability to promote safe treat- that provision in our Agriculture bill. I world trade, and we need to take a look ments, then Congress has to step in. was one of the original sponsors of the at the opportunity for consumers in The health and well-being of the Amer- country-of-origin labeling. It is reason- this country to choose where their ican people should not blow with the able and something we ought to do. products come from. political winds. Caring for our people is In the meantime, we seem to have de- Mr. President, I yield the floor. an American issue, and part of that layed it, we seem to have set it back. The PRESIDING OFFICER. The Sen- goal is ensuring we have access to safe, That is what has happened again in ator from Washington. effective medicines in a timely fashion.

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.049 S02NOPT1 S12222 CONGRESSIONAL RECORD — SENATE November 2, 2005 How can we trust the FDA to move farm and ranch community: we do not So I seriously doubt that any of my quickly on vaccines for global like to see people hungry. We have al- cattle producers can be convinced at pandemics if they continue to operate ways been like that. this point that Congress intends to the way they have on plan B? With regard to this conference, we make a good-faith effort to improve Time and time again, I, along with had four or five items that were very the law as it stands today. We have had Senator CLINTON of New York and oth- important that we have to address in three years to work on that law, and ers, have asked simply for a decision on this body, and we were closed down. the only thing Congress has delivered plan B. We have not asked for a yes or Categorical exemptions, which my to the hard-working ranchers in my a no, just a decision. This continued friend from Idaho just spoke on a few country is one delay after another, and foot-dragging is unusual, it is unwar- minutes ago, in forest rehabilitation, that is unacceptable. ranted, and it is unprofessional. This forest legacy, forest health—all of continued delay goes against every- those programs are designed to help We have given the meat packers thing the FDA’s own advisory panel our timber communities take advan- years to volunteer and voluntarily found nearly 2 years ago: that plan B is tage of the great resource that is label the meat. Not one packer has safe, effective, and should be available around them, and also it does a lot for done that. Now, we have labeling on over the counter. There is no credible fire prevention. that. We have certified Angus beef, and scientific reason to continue to deny Another thing about this amendment we have a lot of house brands and increased access to this safe health we had on the prevention of the slaugh- house labels and some breeds of cattle care option, but there is even less rea- ter of horses for human consumption, promote their production, but nothing son to deny an answer. we did not get that resolved. I invite says ‘‘USA.’’ These delays are not de- Yesterday marked another deadline any of my friends who voted for that signed to help us improve this impor- in the approval process for plan B. Yes- amendment to come to my office and tant law; they are just a way that the terday was the last day of the highly answer the phones because I’ll tell you packers get their way. unusual 60-day comment period that what, last Saturday there was a horse In all likelihood, this evening the was asked for by FDA. Senator CLINTON sale in Billings. If anything prompts Senate will debate this issue, and to- and I joined with nearly 10,000 Ameri- some calls, just let somebody go to the morrow we will pass this conference re- cans in calling on the FDA to take a next horse sale. port. I did not sign the report, and I real step toward closing the agency’s Then we got down to the country of shall vote against it tomorrow even credibility gap by making a prompt de- origin labeling that was put into law though there are some very good and signed by the President of the cision based on scientific evidence. things in here, but enough is enough. I am on the floor tonight to say I United States in the 2002 farm bill. It is hope the FDA does just that. The lan- the law of the land, and an over- Given the hysteria of the meat pack- guage we secured in this conference re- whelming majority of both this body ers, one would think that COOL assist- port is a good step, but it is not the and the House of Representatives voted ance would destroy the whole industry, last word on this issue. The problem to put it there. Yet we are denied the and one would think origin labeling is with politics subverting the FDA’s ad- money to write the rules and regula- some outlandish, unheard of concept herence to science and its integrity is tions and implement the law and put it when it has been around for the last so profound and so urgent that I intend into effect. four years. Packers whine about label- to use every tool available to me as a This year, they just said: We are ing products in the United States, and Senator to make sure this discussion going to go voluntary for 2 more years. the packers are engaged in country-of- about our priorities and our future is I am going to tell you something, that origin labeling in foreign markets. I do not lost. has not worked. Now, there is nothing not see what the difference is? It feels I yield back my time. done here that is done in the dark of to me like you have been discriminated The PRESIDING OFFICER. The Sen- night. It is the law. Did we accomplish against for your product? And those ator from Montana. getting it implemented in this bill? No, who do not want labeling, are you not Mr. BURNS. I will assume I was next we are delayed for two more years. proud of your product? Are you afraid in the queue. I thank the chairman of What is even worse, there was no de- to put your brand on it? Afraid to put the Subcommittee on Agriculture for bate and no vote in the conference a label on it? What is the problem? bringing this conference report up. You committee while the conference was know, I just want to point out to the going on. Just like I said, I have Most of our major trading partners American people that even though the chaired conference committees on ap- require country-of-origin labeling on total of this bill is $100 billion— propriations, and we did not leave that imported beef and beef products. I That’s—I rounded that off a little bit— room until all of the issues that were could go all night about the situation only $25 billion gets to production agri- still on the table were dealt with, folks in which we find ourselves in regarding culture. We could add in some con- got to debate them, we listened to to beef trade with Japan. We took a servation programs and watershed and them, and we got an up-or-down vote. pretty tough stand. I believe that it is this type of thing and probably get I am not really concerned about the time that markets be opened. that up a little higher but not a lot. results of a vote; I am concerned about New Zealand passed a COOL law just What I am trying to say, better than a vote. So this was something that was last week at the very same time that half of this bill does not go to the farm done that absolutely was beyond my this conference was shirking its duty and ranch producing community in belief. to the American cattle producers. this country, and yet the bill is $100 We know that our cattle producers By the way, New Zealand is not billion. are pretty proud of their product. They afraid to put a label on their lamb. One I have been on the Appropriations produce a good product. We do not feed can go to any grocery store, and the Committee since 1993. For 12 years, I a lot of cattle in Montana, but we raise package says, ‘‘New Zealand lamb.’’ have served with my colleagues in this a lot of feeder cattle. They go to Colo- They are proud of that product. Yet we body and have gone through a lot of rado, Kansas, and Nebraska to be fin- do not want to do that. Consumers in conferences. I have chaired some. I ished out. They produce a great prod- the United States do not deserve to have been ranking in some. There are a uct for America’s dinner tables, the know where their beef comes from, but lot of good things in this bill that help greatest source of protein we have in foreign consumers do. That is the mes- my State of Montana and agriculture our diet. They also want to know where across this Nation, but if there is one it comes from, and that is being denied sage we are sending on this conference shortcoming—I say, not very much of our producers today. report tonight. it gets to the farmers and ranchers out I heard from my colleagues who say We know that foreign consumers de- of this $100 billion. I was a county com- they should delay COOL until the farm mand U.S. beef. It is pretty plain. I missioner. I understand WIC. I under- bill. They say the law will not work have talked to the consumers in Japan. stand nutrition programs. I understand and we need to rewrite it. I agree with They are getting ready to serve these food stamps for those folks who really some of that, but there are provisions beef bowls. It is the most desired prod- need help. I’ll tell you what, it is born right now that are in the current label- uct we ship there. Yet by their stand- in every one of us who comes out of the ing law that need to be implemented. ards, they have decided to keep

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.129 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12223 our product off of their market. They One day, I brought a porterhouse and the big packing houses and those have nerve enough to come here and steak to the floor of the Senate. I had that do their bidding in this Congress expect us to accept theirs when they to ask consent to show it on the Senate say it would be way too complicated. have a larger problem than we do in floor. I held up a porterhouse steak and We can drive a remote car on the sur- that arena. So Congress is telling the I said: I would like to know if anybody face of the planet Mars, and we can’t producers that they lose out again in can tell me where this piece of meat stick a label on a piece of meat, for this conference report with a delay pro- came from. Anybody? Well, nobody god’s sake? We did require that of sea- vision put in at conference with no de- could tell where the piece of meat food. Go to the local grocery store and bate and no vote. came from. It is just a piece of raw buy some seafood and you will find a I will cast a vote against the con- meat in cellophane. It comes from the label. ference report when it comes up tomor- store. Let me tell you what the manager of row. This is a terrible way to do busi- I asked the question: Might it have the meat department at a supermarket ness in the Senate. We can do better in come from this particular packing had to say about implementing label- this body. We can respect everyone’s plant? This packing plant, by the way, ing for seafood. On April 4, 2005, asked opinion and everybody’s amendment was only inspected once by a USDA in- about labeling seafood, this fellow at a and everybody’s bill, but give them a spector. It happens to be in Mexico. supermarket said, ‘‘It’s just a matter vote. Here is what he said he found. This is of putting a sticker on the package.’’ We are going to talk about a judge a packing plant sending meat to our Not a problem. So why, then, are the one of these days, and we are going to country. The inspector found: American consumers now told, as a re- say he deserves an up-or-down vote. Shanks and briskets were contaminated sult of this conference, that not only This issue does, too. There is no dif- with feces, a U.S. Department of Agriculture are you not going to get country-of-ori- ference. And we were denied it. official later wrote of his tour of the plant on gin labeling last year when you were So I am disappointed, but yet we the floor. In the refrigerator, he wrote, a dis- supposed to have had it—and then we move along and there will be another eased, condemned carcass was observed extended it, the folks over there on the day when again we will saddle up and ready for boning and distribution in com- House side extended it—so now they try to get this legislation imple- merce. extended it 2 more years. And they did The audit noted paint and viscera con- that after they recessed the conference mented, which basically is the law of tainers, condensation from dirty surfaces the land. Make no mistake about it, dripping into the exposed product . . . and extended the date for implementation of this law—and it is a law—by 2 this hurts our credibility. We better Did anyone know if that piece of years, never having a vote, never noti- start taking our job very seriously. In- meat came from that plant? No one stead, we are taking ourselves too seri- fying anybody. could tell because it was not labeled. I would expect the chairman and ously. I thought then about something I I yield the floor. ranking member of this subcommittee read when I was in school. Upton Sin- The PRESIDING OFFICER. The Sen- should be furious about that. They clair wrote the book ‘‘The Jungle’’ in ator from North Dakota. probably are. I wrote, by the way, the 1906. He described the conditions in the Mr. DORGAN. I believe I am yielded chairman of the conference and said to packing plants of Chicago. He said: 10 minutes per the instructions of the the chairman of the conference: That Senator from Wisconsin. There would be meat stored in great piles will only happen once because you will The PRESIDING OFFICER. The Sen- in rooms; and the water from leaky roofs would drip over it, and thousands of rats not have a second conference in which ator is correct. we sit around and somewhere between Mr. DORGAN. Mr. President, first I would race about on it. Then he described how they would the issue of thumb-sucking and day- will say a word about the leadership of dreaming, believe there is a crevice to this subcommittee, Senator BENNETT lace loaves of bread with poison and lay them around, and the rats would do the right thing. from Utah and my colleague, Senator If you decide you are not going to eat the poison and die, and they would KOHL, from the State of Wisconsin. I allow votes and then get rid of the con- shove it down a hole and grind it up appreciate the work they have done. ference and go behind a closed door This is not easy to do. The product and ship it out as meat. with one party from one side of the People read ‘‘The Jungle’’ written by that came out of the Senate was a good Capitol and decide you are going to Upton Sinclair and demanded some- subcommittee bill. To the chairman, change the law and shove it down thing be done in this country, and it the ranking member, and their staffs, I everybody’s throat, you are only going was. We have a wholesome supply of thank them for all of the work they to get to do that once. The next time meat in this country that we are proud have done on this legislation. you go to a conference like that, it is of. Our farmers and ranchers who As they might know, while they are going to be a much different cir- produce it have a wholesome supply complimented, there is something that cumstance because we now know how comes behind the compliment. They that is inspected. We are proud of it. at least some are willing to treat oth- ‘‘The Jungle,’’ 1906—I just read what both know that I did not sign the con- ers in the conference. ference report, having nothing to do he said in the book. May 1999, one in- It wasn’t so much about treating us, with their actions or their activities. I spector goes to Mexico—by the way, he it was about how you are treating refused to sign the conference report has never gone back. This plant was farmers and ranchers who are proud of because of what happened in the con- closed, opened immediately thereafter what they produce, and it is about how ference. I wish to describe just a little with new owners and a new company you are treating consumers in this of that. name, and has never been inspected country. Oh, in this Congress, regret- The process by which we went to con- since. Condensation from dirty surfaces tably, the big interests still have a lot ference with the U.S. House was one in dripping into the exposed product . . . of sway, a lot of influence. They some- which we expected we would be treated Carcass shanks and briskets [were] how at the end of the day get their with some respect and we would, contaminated with feces. . . . way. They especially get their way through the normal course of things, Does it sound like 1906? Sound like when the door is closed, when the make judgments and decisions and ‘‘The Jungle’’? Or if you are reading lights are out; the door is closed, and it have votes. That did not happen. It did ‘‘The Jungle,’’ 1906, by Upton Sinclair: is done in secret. And that is exactly not happen on the issue especially of There would be meat that had tumbled out what happened here. People should be the country-of-origin labeling for on the floor, in the dirt and sawdust, where furious about what has been shoved meat—something my colleague just de- the workers had tramped and spit uncounted billions of . . . germs. down the throats of the Congress as a scribed. This is a commonsense, farm- The employees’ feet touched carcasses . . . result of a few people in that con- er-friendly, rancher-friendly law that a diseased condemned carcass . . . was ob- ference. has always been opposed by the big served in the chilling room ready for boning So the result will be bad public pol- meat-packing plants and those who do and distribution in commerce. icy. The result will be consumers con- their bidding. The fact is, it is the law How much progress have we made? suming food, consuming meat that of the land and should have been imple- So we go to conference and there is a they do not know the origin of. Why? mented last year. requirement there be meat labeling, Because the Congress said: You don’t

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.130 S02NOPT1 S12224 CONGRESSIONAL RECORD — SENATE November 2, 2005 deserve to know the origin of that I wish to point out I asked how much The country-of-origin labeling law is meat. country-of-origin labeling would cost not a new concept in the world. Most There is much to say about this sub- and was told it would be $1.5 billion to U.S. trade partners, including the EU, ject. My colleague from Montana de- keep track of the cows so we would require country-of-origin labeling for scribed his disgust. My colleague from know where they came from. There are food. Many of the laws in other nations Iowa will as well. I probably should, in much simpler systems that can be put are more rigorous than the U.S. law. the middle of this angst, say again that in place. Canada keeps track of all of Virtually every other item a consumer this is not the fault of the Senator this now. But when we started having buys in the United States indicates a from Utah, Mr. BENNETT. It is not the problems with other animals, I asked country of origin. fault of the Senator from Wisconsin, how much an identification system for I understand that some people say we Mr. KOHL. They did not do this. all animals would cost, and was told do not need to have country-of-origin My guess is—I have not talked to that it would only cost half a billion. labeling when the USDA is already them at great length—they would have Tell me, how can you keep track of moving forward on a national animal provided a conference that is the reg- every animal in the country for a third identification program. I have men- ular order: have debate and have a of what it costs just to keep track of tioned that I am fascinated by its cost. vote, have a debate and have a vote, cows? It is bad accounting, if you ask This is simply not the case. A national and you count the votes and, in this me. It is a plain, blatant statement ID program will be useful for health system of ours, determine who has the they don’t want to do country of ori- safety reasons. It will help pinpoint votes and what policies prevail. gin. Why wouldn’t they want to? I and track the spread of disease, but That is not what happened with re- guess to increase the sale of beef from this information will not be passed on spect to this conference with the other countries. to the consumer. Tracking disease is House, and I regret that. We will have As I discussed this matter with my not the only concern. Providing infor- another opportunity. In the meantime, colleagues, it has become clear there is mation to consumers should also be a the consumers lose, the ranchers lose, a need for education regarding coun- priority, and the only consumer-fo- the farmers lose because those, whose try-of-origin labeling. Many of them cused program is country-of-origin la- names I don’t have in this statement, were not here when the last farm bill beling. That is a priority for me. behind closed doors, in secret, decided debate was done. For those who were, After the first 2-year country-of-ori- to pull the rug out from under all of the issue of country-of-origin labeling gin implementing delay was added dur- those interests. may not be familiar because it was not ing an appropriations conference al- I assume they are applauded today by debated on the Senate floor. Country- most 2 years ago, I joined other Sen- the big economic interests, as is always of-origin labeling was included in the ators in cosponsoring legislation to the case in this Congress. But one day bill by way of an Agriculture Com- move the implementation date closer soon, I think consumers and others will mittee vote, and the final details of the to the present. With this second 2-year say: There is no cause for applause for law were worked out during a con- delay, it is readily apparent that oppo- you. In fact, you really should be doing ference with the House. nents of country-of-origin labeling are something else. For those of my colleagues who were using this delay tactic to gut country- I yield the floor. not personally familiar with the topic, of-origin labeling. Rather than meeting The PRESIDING OFFICER. The Sen- they should not excuse themselves ator from Wyoming. from consideration of this important us for an open debate on the merits of Mr. ENZI. I am going to keep the lit- issue because their State doesn’t have the law, they continually put it off and any going on country-of-origin labeling significant numbers of livestock pro- allow it to work through the House because I am upset, too. I want to ducers or farmers. I have livestock pro- process. By saying we need more time speak in opposition to that specific ducers in my State, but I care about to implement the law, they are making provision in the conference report, H.R. country-of-origin labeling because I am the law voluntary. 2744, which is the Agriculture appro- a consumer of agricultural products. I Time is one thing that the debate priations bill for fiscal year 2006. am sure that all of us have a lot of con- surrounding country of origin has had. The report before the Senate includes sumers of agricultural products in our This issue was debated in the years bean additional 2-year delay—until Sep- States, so it should be a concern of fore its inclusion in the farm bill. tember 30, 2008—for the implementa- every State. Everybody ought to be re- Since the law was passed, 2 years were tion of mandatory country-of-origin la- searching this. Everybody ought to be granted for rulemaking to ensure its beling for covered commodities, except concerned that we do not have label- thorough implementation. We have al- for fish. Fish was taken care of earlier. ing. ready had a 2-year delay. Removing I am highly frustrated that imple- Country-of-origin labeling is relevant funding for implementation did not im- mentation funding has been stripped for agricultural producers, for con- prove the process, it stopped the proc- because this is not the first time the sumers, and even for the Members of ess cold. For those who have genuine conference committee has traveled be- the Senate. In fact, the country-of-ori- concerns regarding implementation of yond the scope of its conference. The gin labeling law is based on the Con- the country-of-origin labeling, the an- House bill stripped funding for imple- sumer Right To Know Act of 2001, swer is not to put off implementing the mentation of country-of-origin labeling which I cosponsored. The law requires law but to implement it properly. for meat and meat products for fiscal the U.S. Department of Agriculture to I wish to remind my colleagues why year 2006. The Senate bill did not input in place a system for U.S. retailers mandatory country-of-origin labeling clude a delay. However, the conference to inform their customers, when they passed in the farm bill. Consumers and result is a new 2-year delay that will buy beef, lamb, pork, or other perish- producers want the information that it keep consumers in the dark about the able agricultural commodities, from will provide. Consumers want to know. origin of their food. what country the product originated. Personally I am more of a food con- Mandatory country-of-origin labeling Food labeling can help increase consumer than a food producer, but as a was included in the 2002 farm bill, yet sumer confidence by assuring con- shoe store owner, I could tell you consumers and producers, except those sumers they are making informed and where the shoes I sold were from. It that catch, raise, or eat fish, will not knowledgeable decisions about the was required. see any benefit from country-of-origin products they buy. People know that My dad used to travel on the road labeling before the next farm bill is the United States has the best, clean- and sell some shoes. They were Ball- written. The opponents of labeling est, and safest system for processing Band rubber footwear. There was a lit- claim it will cost too much to imple- beef. Consumers should know if the tle dispute that came up at one point ment. If we do not provide any funding meat they are bringing home to feed in time on that because they had to be for implementation, they will be right their family has been produced here or labeled if they were made in the United because any cost would be too high. I if it was imported from a country that States, and other countries were not have heard the concerns of those who may have fewer environmental, health, allowed to use that label. But in Japan, have responsibilities under the law, but or safety regulations on livestock pro- they started another little town, and those concerns can be addressed. duction. they named it Usa, U-S-A with no dots

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.132 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12225 after the letters. Then they could say the program’s mandatory funding and Then on top of those cuts, in the Sen- their boots were made in USA, which no set annual spending cap, as was ate budget reconciliation measure, an- looked like U.S.A. passed in the farm bill. other $1.78 billion would be taken out Other people are jealous of the label- While the other body included an ex- of conservation. ing that we have. We require that kind tremely low cap of $245 million for CSP So what we have here is cumulative, of labeling so our consumers know in 2006, traditionally, we usually at- $5.9 billion taken out of conservation where their shoes or boots or shirts or tempt to kind of split the difference on programs in measures before us just hats—things that don’t hurt them matters such as this. But in this in- since fiscal year 2003. nearly as much as what goes inside stance, rather than splitting the dif- Again, I might add that conservation their body—are from. As a father, I ference between the House and Sen- is part of the bill that was loudly could tell you where the clothes I ate—the conferees evidently chose to praised by President Bush when he bought for my children were made. I split the difference between the Presi- signed the farm bill. I was there at the have to say, I would rather have known dent’s budget proposal to cap CSP at signing. The President said this is a more about what I was putting into my $274 million and the $245 million cap in great bill, especially the conservation growing kids than what I was putting the House bill for a conference level of provisions. The Department of Agri- on my growing kids. $259 million. That is far below the $288 culture put out publications on the It is really simple. Artists sign their million that would have resulted from farm bill highlighting conservation. work, authors pen their books with splitting the difference between the Yet since the farm bill as passed, in pride, and American ranchers and House and Senate figures. measures passed or now before the Sen- In effect, the will of the Senate as ex- farmers want to sign their work, too. ate $5.9 billion will be taken out of con- pressed in the bill that we passed by a They want consumers to know they are servation programs. vote of 97 to 2 was totally thwarted. proud of what they have produced. Again, I want to emphasize this con- They are convinced the people of this Since the farm bill was enacted in 2002, the USDA conservation programs servation funding taken away is man- country want U.S. beef, U.S. pork, and datory spending in the farm bill as to U.S. lamb. have taken a real beating year after year. They have been used repeatedly which we met all of the budget require- Although I appreciate the work done ments when we passed the farm bill. by this conference on other important as a source offsets to fund other needs. Including this conference report, the We met all of the budget requirements. provisions for agriculture, and I appre- annual appropriations measures from It was within the budget allocation ciate the work they did on some of the fiscal year 2003 through fiscal year 2006 provided to us when we passed the farm issues that have already been men- have cut $1.13 billion in mandatory bill. tioned, because of this critical issue to funds that we dedicated to conserva- In earlier debate today on the rec- a huge industry in my State, I will be tion in the farm bill. onciliation bill, I heard a lot of talk voting against final passage. In addition to that, last fall, a fur- about the importance of not reopening I thank the Chair. I yield the floor. ther $3 billion was taken out of the the farm bill. That was the debate on The PRESIDING OFFICER. The Sen- Conservation Security Program to pay the amendment offered by Senator ator from Iowa is recognized. for disaster assistance. And in the Sen- GRASSLEY and Senator DORGAN on pay- Mr. HARKIN. Mr. President, how ate budget reconciliation measure now ment limitations. I heard a lot of talk much time do I have? pending a further $1.78 billion would be about not reopening the farm bill. The PRESIDING OFFICER. Fifteen taken away from conservation over the Sorry folks. The farm bill has already minutes. next 10 fiscal years—over $1.2 billion of been reopened many times regarding Mr. HARKIN. I hope not to use all that from the Conservation Security time because others want to speak, on conservation, and other programs Program alone. for that matter. also. Again, here is a chart that illustrates I want to take a few minutes to lay To complain about an amendment what we are talking about. limiting payments to those getting out my reasons for my vote on this If you look at Agriculture appropria- conference report tomorrow. hundreds of thousands of dollars annu- tions, those bills have cut, from fiscal ally from farm programs, to complain First of all, there are many aspects year 2003 through 2006, $1.13 billion. of the bill that I do support and which that this is reopening the farm bill is a Here on the chart is $3 billion which bogus argument. I believe should become law. I believe was an offset taken out of the Con- Where were their voices last year, Senator BENNETT and Senator KOHL servation Security Program to pay for the year before, and the year before worked very hard to get this bill disaster assistance. through. Mind you, prior to the past few years, when all of this money was being taken I supported the bill as it was reported when we have had disasters in this out of the farm bill, out of mandatory from committee and as it passed the country that require extraordinary spending? Why didn’t I hear their Senate. I believe it was a good bill amounts of disaster assistance we have voices on the Senate floor saying we given the subcommittee’s allocation paid for the assistance out of the gen- can’t reopen the farm bill? There was when it passed the Senate, and I said so eral fund. When there is a tornado, a not a peep from them. on the Senate floor. But, unfortu- hurricane, or a flood—whatever it But now when it is proposed to limit nately, the conference process with the might be—we don’t rob programs that payments to the largest farmers in House was seriously flawed and re- are particularly important to one America to meet some of our budget sulted in a seriously flawed report as a group of Americans in order to pay for reconciliation requirements, they don’t result. the disaster assistance. We paid for the want to reopen the farm bill. We should In some instances, it is as if the disaster assistance out of the general never have reopened it to take money House were negotiating with the ad- fund. out of it to pay for disasters. ministration rather than allowing the Yet when we had a drought disaster I have a number of other concerns. I Senate any meaningful role. in this country that affected many joined with those who are upset about My greatest concern is the continued States in the West and Midwest, the the country-of-origin labeling provi- assault on the farm bill’s mandatory money to pay for disaster assistance sion. During the debate on the 2002 conservation programs, particularly was taken from the Conservation Secu- farm bill—I was chairman at the the Conservation Security Program. As rity Program to pay for it. That was time—there was a bipartisan effort. We passed by the Senate, this bill included strongly pushed by the administration included country-of-origin labeling for no annual cap on CSP spending. That is and the House. Many times on the floor meats, fruits, vegetables, peanuts, and as it is in the 6-year farm bill which I said that was wrong. I objected to it. fish. I supported it then, and I support was passed in 2002 and signed by the But that is what happened. They took it now. It makes sense. Producers in President: no annual cap on CSP funds. the money out of agriculture conserva- our country ought to be able to add So the Congressional Budget Office’s tion to pay for disaster assistance. It value by differentiating the origin of baseline estimate for CSP spending in was wrong then; it is wrong now to do their products. Consumers ought to fiscal 2006 was $331 million based upon that. have the power of information of

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.133 S02NOPT1 S12226 CONGRESSIONAL RECORD — SENATE November 2, 2005 choice. Unfortunately, the will of pro- adopted by the full Senate that would On the other hand, I am pleased that ducers and consumers has been ig- limit contracting out to private com- funding for the McGovern-Dole Food nored, behind closed doors, without de- panies to carry out the Food Stamp for Education Program has been boost- bate, without a hearing, without votes. Program. ed to $100 million for fiscal year 2006. Country-of-origin labeling for meats, Again, this amendment was adopted Again, there are good things in this fruits, vegetables, and peanuts has now without objection by the full Senate. It bill. The bill is not totally bad. But I been delayed until September 30, 2008, was reaffirmed by Senate conferees. We have a lot of objections to the process after this farm bill expires. did have a vote. The Senate conferees on which the House proceeded and the They just want to kill country-of-ori- voted to uphold the Senate side. The outcomes in the conference report that gin labeling altogether, in the next issue went to the House conferees, and resulted from the process. This is not farm bill—and in the meantime by re- that was the end of it. Usually you the way to do things. work these things out in conference. writing the farm bill in the appropria- This sort of sort of one-sided process, tions process. It has gotten out of Again, the chairman gaveled the conference shut, went behind closed doors, behind-closed-doors process is a sharp hand. It is making a mockery of the break from the normal practice in ap- both the authorization and the appro- and threw out the provision. Here is the hypocrisy of that. In the propriations conference deliberations. priations process. It sets a terrible precedent. I happen to serve on both authorizing Agriculture appropriations bill, there committees and the appropriations is a limit, a prohibition against any For the reasons I have outlined, espe- committee. They both have a legiti- money being used to contract out to cially for all of the money being taken mate role to play. To have the author- private companies for the operation of out of conservation, for the further ization committee usurp the power of the rural development programs or delay of COOL, the country-of-origin the appropriations committee is just as farm loan programs. So those programs labeling, and other problems I men- wrong as to have the appropriations can’t be privatized. But already the De- tioned, it pains me, and I don’t like to committee undercut and make a mock- partment of Agriculture is approving vote against the conference report. I ery of the authorization process. But private contracting for Federal food as- have great respect for the chairman that is what the House did. sistance applications. and the ranking member. As I said, I don’t mind losing if you have fair Again, I guess the needs of the poor they did a good job. But what came debate and if you have fair votes. If don’t warrant the same kind of protec- back from the House is not good for you lose, you lose. To me, that is de- tion other clients of USDA receive. our farmers or rural communities, it is There are other problems with this mocracy. I don’t mind that. What I ob- not good for consumers, and it is not bill. I am disappointed that the meas- ject to is when the House of Represent- good for conservation. ure eliminates or reduces funding for a atives, the chairman of the House sub- For those reasons, I will sadly have variety of programs in the farm bill’s committee, bangs the gavel and says to vote against this conference report. rural development title. For example, we will meet subject to the call of the there is a major reduction in the value I yield the floor. Chair, and we never meet. They go be- added development grants. The PRESIDING OFFICER. The Sen- hind closed doors and they do this. Fortunately, the bill does call for re- ator from Texas. They take away country-of-origin la- vamping the rural broadband loan pro- Mr. CORNYN. Mr. President, coun- beling, they put limits on conserva- gram. Clearly this is a technology that try-of-origin labeling has been an issue tion, and I don’t even get a chance to needs to be available. We need to have in the Senate for quite awhile, and yet, vote on it. No one gets a chance to vote rural broadband access for economic after all this time, we’re no closer to on it. They say, take it or leave it. development. promoting U.S. products than we were That is what I object to. I am thankful to the chairman and a decade ago. In reviewing the storied I am also concerned that the same others for the inclusion of numerous history of this issue, it is clear that back-door process I am describing was projects that help promote biofuels and there is no shortage of viewpoints. One used to amend the Organic Foods Pro- bioproducts, which have a lot of prom- view that has been overwhelmingly vo- duction Act. Earlier this year, the ise for this country. I also commend calized is that U.S. producers of beef First Circuit Court of Appeals struck them for including funding for the na- and pork want to market and promote down three final rules for the National tional animal disease facilities at their products as born and raised in the Organic Program. I urged the organic Ames, IA. United States of America. They are community to come together and reach One last thing I would mention is proud of what they produce, and they a consensus on what was needed to re- that Congress provides money in this should be: the U.S. produces the safest, spond to the court decision. That bill for Public Law 480, the title II most abundant food supply at the most didn’t happen. Some people were left Food for Peace Program, the largest affordable price, and our livestock pro- out of the process. foreign food aid program of the U.S. ducers want to capture the value they Last month, Senator LEAHY offered government. The funding in this con- add to the market. an amendment to our Agriculture ap- ference report is the same as last year, propriations bill as a placeholder in the but that was not enough to meet both But just like every other debate in hope that the organic community massive emergency food aid needs and Washington, the debate over country- would have more time to discuss these to provide the needed funding for de- of-origin labeling has been about the proposed changes in the law, and reach velopment assistance. Quite frankly, I means to accomplish the goal. It is not a consensus which we could then put am concerned that the administration that we are fighting about whether or into the conference report. Unfortu- in its budget proposal—which is the not promoting U.S. products is a good nately, this conference report com- basis for this appropriations measure is idea. We are fighting about how to do plicates what was already a com- seriously shorting the development as- it. Some in the U.S. Senate, and some plicated and sticky issue. sistance projects under Food for Peace. around the country have said: ‘‘If it Again, behind closed doors, without a In many cases, investment in miti- isn’t mandatory, it’s not labeling,’’ or single vote or debate, the Organic gating chronic food needs in developing that the current mandatory labeling Foods Production Act was amended at countries in 1 year may avert the need law that passed in the 2002 Farm Bill is the behest of large food processors for much higher emergency food aid in the only way labeling will work. I without the benefit of the organic com- later years. strongly disagree. munity reaching a compromise. For example, one of the countries The current mandatory law is an ex- To rush provisions into the law that where USAID development projects ample of a good idea gone awry. The have not been properly vetted, that fail were cut back earlier in 2005 was Niger, warning signs of the negative impact of to close loopholes, and that do not re- a country which by summer was expe- this law have long been on the horizon. flect a consensus undermines the integ- riencing a serious shortage in food On a number of occasions the U.S. De- rity of the National Organic Program. availability, which prompted a flash partment of Agriculture, the Govern- The Agriculture appropriations con- appeal for emergency assistance by the ment Accountability Office, and the ference report also strikes a provision U.N.’s World Food Program in August. Office of Management and Budget have

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.146 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12227 published reports and studies, and tes- the tactics that were employed to de- members of that conference committee tified before Congress about the bur- rail country-of-origin labeling in the had that opportunity, those in favor of dens of mandatory country-of-origin bill under consideration this evening. country-of-origin labeling would have labeling. I have been a supporter of mandatory prevailed. In 1999, GAD testified before Congress country-of-origin labeling since first I have heard the arguments against that ‘‘there is going to be significant being elected to the House of Rep- mandatory country-of-origin labeling costs associated with compliance and resentatives in 1996. I offered the coun- more times than I can count. While I enforcement’’ of mandatory labeling. try-of-origin labeling amendment in respect my colleagues and their views, The next year, GAO released another the House Agricultural Committee 2002 I disagree with those who oppose this study indicating that. farm bill deliberations. Figuratively program and wish to delay it to death. U.S. Packers, processors, and grocers speaking, that was a bloody battle. My colleague from Texas suggested would . . . pass their compliance costs back Anyone who was in the room will tell this is a bad thing, we cannot imple- to their suppliers . . . in the form of lower you we spent 4 hours fighting over this ment this. How do we know? We have prices or forward to consumers in the form of issue about whether to include coun- not implemented it yet. We passed the higher retail prices. And when USDA issued try-of-origin labeling in the 2002 farm law. The people’s representatives of the its proposed rule, they included a cost-ben- Congress spoke out in favor and made efit analysis that said implementation could bill. The truth of the matter is, even cost up to $4 billion—with no quantifiable though at that particular point in the it part of the 2002 farm bill. We have benefit. The rule was followed by a letter process we were not able to get in- lots of people, naysayers, now saying it from the Director of Office of Information cluded in the House farm bill, we were will never work. How do we know? It and Regulatory Affairs at OMB, Dr. John later on, when the bill went into con- has never been implemented. Graham, which said ‘‘this is one of the most ference with the Senate, the Senate The deal we struck back in 2002, and burdensome rules to be reviewed by this Ad- adopted a provision, and we were able the commitment we made to the pro- ministration.’’ to retain that provision. So when the ducers of this country and to the con- Not surprisingly, these predictions 2002 farm bill conference report was re- sumers of this country, has now been were recently realized when several ported to the floor of the House and the derailed not once but twice. Literally, processors, preparing for implementa- Senate, it included mandatory coun- it is death by a thousand cuts to the tion of mandatory labeling in Sep- try-of-origin labeling. It was passed producers across this country who be- tember 2006, sent their suppliers letters overwhelmingly by the House and the lieve the Congress had taken their side spelling out the arduous procedures Senate, put on the President’s desk and and made a commitment to implement that would be employed to verify ani- signed into law. In fact, it was signed this legislation. mal origin, ensure compliance, and in- into law by the President back on May My colleague from Texas—again, demnify the processors from liability 13, 2002. whose views on this I certainly re- for inaccurate information. I assumed at that time that we had spect—suggests we just have a vol- Given these ominous warnings, many achieved a major victory for the ranch- untary system. The people who are op- of my constituents are rightly con- ers that we represent, the cattle proposed to doing this mandatory coun- cerned about the financial and record ducers in places such as South Dakota try-of-origin labeling, how do you ex- keeping burdens this law will impose and other areas of the country. Unfor- pect them to come out and voluntarily on them. They ask: tunately, I was wrong. say, we are going to do it. They are the How can something so popular, like mar- Even though country-of-origin label- very folks who are fighting, resisting, keting and promoting U.S. products be so ex- ing has been the law of the land since opposing, trying to delay and ulti- pensive? that day, it has been on the receiving mately kill the country-of-origin label- There has to be a better way to mar- end of an onslaught of attacks and ing provision that was a part of the ket and promote U.S. products. I am delays. Where I come from, a deal is a 2002 farm bill that ought to be the law pleased that the conference report for deal. The Congress, the elected Rep- of the land today. the Fiscal Year 2006 Agriculture Appro- resentatives of the people of this coun- Everything that we have in this priations Act contains a provision that try, through the 2002 farm bill, adopted country has a label on it. The tie I am will delay implementation of manda- a provision that would implement man- wearing this evening says ‘‘Made in tory country-of-origin labeling until datory country-of-origin labeling. China.’’ The glasses, as I get older, I 2008 because it gives us 2 more years to Under the 2002 farm bill, country-of-or- need for reading purposes, say ‘‘Made enact a meaningful, cost-effective la- igin labeling was set to be imple- in China.’’ Even the holder for the beling program like the Meat Pro- mented by September in 2004. The fis- glasses has a labeling on it. The pen I motion Act of 2005, which I introduced cal year 2004 agriculture appropriations hold in my hand says ‘‘Made in Japan.’’ with 13 of my colleagues earlier this bill—and at that time I was not in the Literally everything we purchase in year. This bipartisan, commonsense Congress—delayed implementation this country has a label. We know legislation would establish a voluntary until September of 2006. And now the where things come from, where they country-of-origin labeling program conference report we have before the originate. In the last farm bill, we even driven by the free-market, not the Senate today will delay it even further, implemented for fish, for fruit and rigid legal interpretations of Federal until 2008. vegetables. Yet we do not want to bureaucrats. It always ends up being done in the know where the meat comes from that I stand with livestock producers that dark of night. As was noted earlier by the consumers of this country consume want to market and promote the prod- several of my colleagues in the Senate, on a daily basis? Does anybody under- ucts they proudly raise. I believe they the House negotiators came to this stand or recognize the inconsistency in should be able to market and promote process and walked away from the that argument? their products as born, raised, and table, not even giving us an oppor- It will not be very far from here that processed in the United States, and I tunity to debate this in the light of the producers in this country will be forced believe the Meat Promotion Act of 2005 day. It would be great to have the de- to implement an animal ID system, provides the most effective and effi- bate on the floor, but even in the con- and somehow we cannot implement a cient opportunity for them to do so, ference there was not an opportunity country-of-origin labeling system. Yet while adding value to their bottom line for Members of the Senate to have we are going to ask producers to trace and helping the economy of rural their voices heard through a vote on the origin of those animals as a food America. that particular provision. safety precaution. The PRESIDING OFFICER. The Sen- If you want to rewrite the 2002 farm I argue, again, that country-of-origin ator from South Dakota. bill, don’t do it in a conference com- labeling is an opportunity for our pro- Mr. THUNE. Mr. President, I rise, mittee, for crying out loud. Let’s do it ducers to differentiate their product too, on behalf of South Dakota’s cattle in the light of day. Let’s at least give from those products raised elsewhere in producers to voice my support for the members in the conference com- the world. We have the highest quality, country-of-origin labeling and also to mittee an opportunity to vote up or and our producers are proud of what express my profound disappointment in down on this issue. I believe if the they raise in this country. They want

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.050 S02NOPT1 S12228 CONGRESSIONAL RECORD — SENATE November 2, 2005 to be able to differentiate it, but they ate, and it probably does not satisfy There being no objection, the mate- are going to be required in the not-too- the people in the House. rial was ordered to be printed in the distant future, as a food safety meas- Now, I will say from a personal point RECORD, as follows: ure, to implement an animal ID. We of view, I am getting tired of this de- DEPARTMENT OF AGRICULTURE, have a number of pilot programs under- bate. It came up when I became chair- OFFICE OF THE GENERAL COUNSEL, way across the country today. When man of the subcommittee the first Washington, DC, October 28, 2005. one of those is adopted as some sort of time. We have had to deal with it sev- Hon. ROBERT F. BENNETT, a national standard, producers will be eral times now. I think this is an issue Chair, Subcommittee on Agriculture, Rural De- expected to trace the origin of those velopment, and Related Agencies, Committee that should be resolved in the author- on Appropriations, U.S. Senate, Wash- animals. The only question is, Who is izing committee. I think the author- ington, DC. going to pay for it? izers should come to the conclusion it DEAR MR. CHAIRMAN: This will respond to It is a slap in the face to this Na- is a good idea and we should go ahead the inquiry made today by members of your tion’s livestock producers and con- with it or they should come to the con- staff for the interpretation of the Depart- sumers. This recent delay is unaccept- clusion we made a mistake in the farm ment of Agriculture (USDA) regarding sec- able. It is unwarranted. Who loses? The bill and we should kill it. They should tions 794 and 798 of the Agriculture, Rural livestock producers who grow and raise not ask us in the appropriations proc- Development, Food and Drug Administra- quality products in this country, who ess to make the decision that the au- tion, and Related Agencies Appropriations want an opportunity to market and dif- Act, 2006 (Act), as that measure was ap- thorizers need to make. proved by Senate and House conferees on Oc- ferentiate their products, and ulti- The point has been made here that tober 26, 2005. mately, the consumers of this country the date we set on this, with this com- If enacted, section 794 would provide that, who have a right to know where the promise between the House and the effective 120 days after the date of enact- meats they purchase, day in and day Senate, carries to a point beyond the ment, no funds made available by the Act out for consumption by themselves and expiration of the current farm bill. may be used to pay the salaries and expenses their families, comes from. Special in- That is true. That means the author- of personnel to inspect horses under section terests have won out this day over the izers will have an opportunity, before 3 of the Federal Meat Inspection Act (FMIA), 21 U.S.C. § 603, or under guidelines issued by will of our producers, our consumers, we visit this issue again on the Appro- and the elected representatives in the USDA under section 903 of the Federal Agri- priations Committee, to make their de- culture Improvement and Reform Act of 1996 Senate. That is a sad day. cision. The authorizers will have an op- (FAIR Act), 7 U.S.C. § 1901 note. If enacted, I will oppose this Agriculture appro- portunity to either re-endorse the idea section 794 would prohibit the use of appropriations conference report for that or to kill it. priated funds to pay the salaries and ex- reason. So I say to those who feel so strongly penses of USDA employees to perform in- I yield back my remaining time. on both sides: Talk to the authorizers spections of horses under either section 3 of The PRESIDING OFFICER. The Sen- the FMIA or the guidelines issued under sec- when it comes up in the farm bill and ator from Utah. tion 903 of the FAIR Act. make the decision—do we really want Mr. BENNETT. Mr. President, I have If enacted, section 798 would (1) amend the to go ahead with this or do we really listened to this debate with interest. FMIA by removing the list of species, i.e., want to kill it?—and not ask those of There are a few things perhaps to get ‘‘cattle, sheep, swine, goats, horses, mules, us in the appropriations conference to and other equines’’ at every place where it on the record so we have it clear if have to deal with it. Get it off our presently occurs in the FMIA and replace someone wishes to go back in historic plate and put it in the place where it such list with the term ‘‘amenable species’’; fashion and look at all this and say belongs. (2) provide that the term ‘‘amenable species’’ what really happened. I would like to means those species subject to the provisions make a few comments to that extent I make one other comment. As I have of the FMIA on the day before the date of en- with respect to country-of-origin label- looked at the issue, I find myself on actment of the Act, as well as ‘‘any addi- ing. the side of those who think it is a mis- tional species of livestock that the Secretary Conferences are for the purpose of retake. I have no pressure from con- considers appropriate’’; and (3) make similar amendments to section 19 of the FMIA resolving differences. The Senate had no sumers who want a label on meat that says where it comes from. I do not garding the marking and labeling of car- statement at all with respect to coun- casses of horses, mules, and other equines try-of-origin labeling, so the Senate think they would pay that much attention to it. The history of country-of-or- and products thereof. Section 798 would be- bill would have allowed the law to go come effective on the day after the effective forward in the way that many of the igin labeling for virtually every other date of section 794. speakers here tonight have asked. The product is that consumers are mildly Having reviewed these sections, it is our House bill would have killed it—not de- interested but that it does not signifi- opinion that section 798 does not nullify or layed it, killed it. The House voted cantly affect their purchasing. supersede section 794 and that, if both sec- overwhelmingly to eliminate country- If someone really believes this would tions are enacted as written, barring further make meat more attractive to cus- amendment the prohibitions effected by sec- of-origin labeling. tion 794 would become effective 120 days We had to come up with a com- tomers, he or she has the opportunity to put that label on right now. A vol- after the date of enactment of the Act. promise. We could either have the Sen- Please let us know if you have any further ate position—that it goes forward—we untary program would make it avail- questions regarding this matter. could have the House position—that it able everywhere. But if someone wants Sincerely, dies—or we could have something in to promote Iowa beef, they have the JAMES MICHAEL KELLY, between. In the spirit of most con- opportunity right now as a marketing Acting General Counsel. ferences, we came up with something device to say, This is Iowa beef, with- Mr. BENNETT. Mr. President, I ask in between. out having to go through all of the reg- unanimous consent that all time be We have not killed the program in ulatory requirements that are con- yielded back on the conference report. this conference report. We have de- nected with this law. The PRESIDING OFFICER. Without layed the implementation. So the Sen- So once again, this is an issue that objection, it is so ordered. ate did not get what it wanted, which the authorizers should look at. This is was full speed ahead. The House did not an issue that those of us who have been f get what it wanted, which was to kill forced to deal with it are tired of. We the program. We have a compromise. hope this is the last time we will have MORNING BUSINESS I think we should understand that so to deal with it in an appropriations those who say, We caved in to the bill. Mr. BENNETT. Mr. President, I ask House, the House did it to us, without Mr. President, I ask unanimous con- unanimous consent that there now be a any consultation or conference with sent that a letter sent to me from the period of morning business, with Sen- the Senate—well, understand that is USDA Acting General Counsel regard- ators permitted to speak for up to 10 not true. We arrived at a compromise ing sections 794 and 798 of the fiscal minutes each. between two very different positions. It year 2006 Agriculture Appropriations The PRESIDING OFFICER. Without does not satisfy the people in the Sen- Act be printed in the RECORD. objection, it is so ordered.

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.149 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12229 LOCAL LAW ENFORCEMENT The boycott led to the Supreme THE RECENT ELECTIONS IN ENHANCEMENT ACT OF 2005 Court questioning the legality of the ZANZIBAR Mr. SMITH. Mr. President, I rise Jim Crow law that mandated the dis- Mr. FEINGOLD. Mr. President, I am today to speak about the need for hate crimination of African-Americans on deeply concerned about the situation crimes legislation. Each Congress, Sen- the public bus system. And on Novem- in Zanzibar, Tanzania. ator KENNEDY and I introduce hate ber 13, 1956, in the landmark case Just last month, Zanzibaris went to crimes legislation that would add new Browder v. Gayle, the Supreme Court the polls in Presidential and par- categories to current hate crimes law, banned segregation on buses. A tre- liamentary elections. I commend the sending a signal that violence of any mendous victory for the cause of free- strong voter turnout and the under- kind is unacceptable in our society. dom and equality. standable desire of Zanzibaris that Likewise, each Congress I have come to their votes be counted. Unfortunately, Throughout her long life, Rosa Parks the people of Zanzibar have so far been the floor to highlight a separate hate possessed an innate ability to lead. Her crime that has occurred in our coun- denied the accountable and transparent quiet acts of courage illuminated for election process they deserve. This is a try. Americans the disgrace and moral in- On November 20, 2002, in Scottsdale, cruel repeat of the Presidential and justice of segregation. She continued AZ, a gay man was attacked while parliamentary elections held in 1995 to inspire non-violent protests in the leaving a bar. According to police the and 2000, which were widely considered name of civil rights throughout the man was leaving a bar when two men to have been mismanaged, resulting in 20th century and changed the face of approached him. One man said, ‘‘you serious irregularities. Credible allega- offend me . . . you are an insult to America forever. tions were made after the 2000 elections straight men.’’ He then attacked the Rosa Parks was born in Tuskegee, that votes were manipulated to deny victim punching him twice in the face. AL, in 1913, a time when black and the opposition Civic United Front, I believe that the Government’s first white America seemed destined to re- CUF, victory in Zanzibar. Even more disturbing was the violent duty is to defend its citizens, to defend main perpetually divided. In 1932, she aftermath of the 2000 elections. In 2001, them against the harms that come out married civil rights activist Raymond demonstrators protesting election of hate. The Local Law Enforcement Parks. Together, they worked for the abuses in Zanzibar and Pemba met Enhancement Act is a symbol that can Montgomery chapter of the NAACP, with a brutal police response in which become substance. I believe that by where she worked as a secretary for the 32 people died, hundreds were arrested, passing this legislation and changing Montgomery branch and as its youth and countless others fled to neigh- current law, we can change hearts and leader. boring countries for asylum. These minds as well. In the summer of 1955, while working events were deeply troubling and un- f for the NAACP, Rosa Parks attended derscored the need for real reform to TRIBUTE TO ROSA PARKS an interracial leadership conference. ensure that violence and serious irregularities in the electoral process were Mrs. FEINSTEIN. Mr. President, I She later said that it was at this con- not repeated. I traveled to Pemba in rise today to pay tribute to one of the ference where she ‘‘gained strength to the aftermath of these troubling truly legendary and enduring figure of persevere in my work for freedom, not events, and in my conversations with the 20th century, Rosa Parks, who just for blacks but for all oppressed local residents and leaders, I sensed people.’’ dedicated herself to fighting for equal- real frustration with the failure of the ity and justice. Rosa Parks had a distinguished ca- Tanzanian authorities and the inter- Rosa Parks, the matriarch of our Na- reer of public and community service. national community to speak out on tion’s civil rights movement, died last In 1965, Rosa Parks began to work as a behalf of the civil and political rights Monday at the age of 92. An American receptionist and office assistant for of the people of Zanzibar. icon who changed the course of the Congressman John Conyers in his De- The Mukata II agreement established 20th Century, Rosa Parks believed that troit office, where she continued to in 2002 gave rise to hope for change. Re- men and women, regardless of color, work until 1988. Later, she established forms under this agreement, agreed to should not be treated as second class the Rosa and Raymond Parks Institute by all parties and implemented in the citizens. Sixty years after the name for Self-Development. Its ongoing mis- 2003 local elections in Pemba, gave fur- Rosa Parks first made headlines, her sion is to motivate and direct youth to ther reason to believe that the rights courageous acts continue to symbolize achieve their highest potential. of the Zanzibari people would now be the cause of freedom in America. respected. Unfortunately, while the As we mourn the passing of Rosa Rosa Parks once remarked that she Mukata II agreement set out to im- Parks, we are reminded of the power wanted to be remembered ‘‘as a person prove transparency and ensure that and integrity of her spirit. Her quiet who wanted to be free and wanted oth- election results are credible to parties, dignity and fearless strength shaped ers to be free.’’ She lived each day by it appears today that Zanzibari voters’ and inspired the civil rights movement this mantra and inspired countless in- rights are again being ignored. in the United States over the last half- dividuals in America and throughout Once again, serious allegations of century. the world to take up the mantle of voting irregularities and unfair Most historians date the beginning of freedom. preelection conditions have surfaced, the modern civil rights movement in But although our country has come a including double voting, inaccurate the United States to December 1, 1955. long way since the days of the Jim voter lists which prevented eligible Tired and weary not only from a long Crow laws, it doesn’t mean that we voters from casting ballots, and media day of work, but from years of dis- still don’t have even more to accom- bias. Once again, reports speak to the crimination and racial inequality, an plish. We must protect the advances use of excessive force against civilians unknown seamstress in Montgomery, made by America’s minorities, and also protesting these injustices. AL, refused to give up her bus seat to further those advances in the years The Government of Tanzania and the a white passenger. On that momentous ahead. Government of Zanzibar have a respon- day in history, Rosa Parks was ar- sibility to pursue accountability for rested for violating a city ordinance, Today, we honor the life and legacy past abuses and transparency in the po- but her lonely act of defiance sparked a of Rosa Parks, a great champion of litical process. The U.S. Government movement that ended legal segregation freedom, equality and justice, and pros- has a responsibility, too. To turn a in America. perity for all people. I believe that it blind eye to the abuses that have taken The subsequent bus boycott by Afri- was especially fitting that she was and are taking place in Zanzibar is in- can Americans created a national sen- given the distinct tribute of lying in consistent with our principles, and it sation. Led by Reverend Martin Luther honor in our Nation’s Capitol. An icon is, frankly, inconsistent with our inter- King, Jr., the Montgomery bus boycott who changed America, there is no ests. Zanzibar’s population is nearly lasted nearly 13 months and inspired doubt that Rosa Parks will remain entirely Muslim. Given all the hos- the Nation’s civil rights movement. etched forever in our memories. tility, all of the suspicion, and all of

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.090 S02NOPT1 S12230 CONGRESSIONAL RECORD — SENATE November 2, 2005 the resentment of American foreign In Katrina’s aftermath, the Coast Guard sity as an assistant professor, where policy that exists in the Muslim world, rescued or evacuated more than 33,500 peo- he, along with his colleague, Dr. Rob- we cannot afford to be indifferent to ple, six times as many as it saved in all of ert F. Curl and British chemist Sir this kind of injustice. I call on the ad- 2004. The Coast Guard was saving lives before Harold Kroto, discovered a new class of any other, federal agency—despite the fact ministration to provide Congress with that almost half the local Coast Guard per- carbon molecules called the fullerene, a plan to work with the rest of the sonnel lost their own homes in the hurri- or ‘‘buckyballs.’’ donor community to send strong, un- cane. In decimated St. Bernard Parish east This discovery led to the team’s 1996 mistakable signals to the Tanzanian of New Orleans, Sheriff Jack Stephens says Nobel Prize in chemistry, and spurred Government that the disenfranchise- the Coast Guard was the only federal agency to provide any significant assistance for a the development of nanotechnology as ment of the people of Zanzibar is sim- a revolutionary area of science capable ply unacceptable. full week after the storm. Coast Guard personnel helped his deputies commandeer of solving global problems in fields f boats and rescue thousands. So last week, ranging from medicine to energy to na- when two representatives from the U.S. Gov- tional security. SUPERB PERFORMANCE OF THE ernment Accountability Office came to ask COAST GUARD how he would fix the Federal Emergency Dr. Smalley’s accomplishments in the field of nanotechnology have great- Mr. KENNEDY. The October 31 issue Management Agency (FEMA), he had his an- ly contributed to the academic and re- of Time magazine contains a brief and swer ready: ‘‘I would abolish it,’’ he told. them. ‘‘I’d blow up FEMA and ask the Coast search communities of Rice University, extraordinary article about the Coast Guard what it needs.’’ the State of Texas, and the entire Guard’s brilliant efforts to assist the In one sense, that has. already happened. country. devastated people of New Orleans in After the implosion of FEMA director Mi- the wake of Hurricane Katrina, when chael Brown, President George W. Bush He, along with Nobel Laureate Mi- the Federal agencies were so incom- placed Coast Guard Vice Admiral Thad Allen chael Brown, was a founding cochair- petent in their efforts to provide relief. in charge of the federal response to Katrina. man of the Texas Academy of Medi- As one local official noted, the Coast Before Hurricane Rita even hit land, the Ad- cine, Engineering and Science, which ministration placed a Coast Guard rear ad- Guard ‘‘was the only Federal Agency to has played an instrumental role in en- miral in charge of that recovery. These are hancing research in Texas. provide any significant assistance for a essentially urban-planning jobs—not some- full week after the storm.’’ thing men and women who spend much of Dr. Smalley devoted his talent to em- The Coast Guard deserves great cred- their professional lives on water are exactly ploy nanotechnology to solve the it for its superb performance and I ask trained to do. world’s energy problem, which he be- unanimous consent that this article So how is it that an agency that is under- lieved could ultimately solve other funded and saddled with aging equipment— may be printed in the RECORD. global problems such as hunger and and about the size of the New York City po- There being no objection, the mate- lice department—makes disaster response lack of water. rial was ordered to be printed in the look like just another job, not a quagmire? His devotion to science and its appli- RECORD, as follows: How did an organization that, like FEMA, cation to solving world issues earned [From Time Magazine, Oct. 31, 2005] had been subsumed by the soul-killing De- him numerous honors and accolades, partment of Homeland Security. (DHS), re- HOW THE COAST GUARD GETS IT RIGHT including the Distinguished Public main a place where people took risks? And WHERE DID THOSE ORANGE HELICOPTERS COME perhaps most important, can any of these Service Medal from the U.S. Depart- FROM, ANYWAY? THE STORY OF THE LITTLE traits be bottled? ment of the Navy and the Lifetime AGENCY THAT COULD Achievement Award from Small Times f (By Amanda Ripley) Magazine. Wil Milam, 39, is a rescue swimmer for the TRIBUTE TO DR. RICHARD E. While Dr. Smalley may no longer be U.S. Coast Guard in Kodiak, Alaska, which SMALLEY with us, his legacy will continue to means he spends most of his time jumping Mrs. HUTCHISON. Mr. President, I grow as scientists build upon his work out of helicopters to help fishermen who rise today to pay tribute to Dr. Richard and all of us around the world reap the break bones and pilots who crash their private planes. ‘‘We’re pretty much the area Errett Smalley of Rice University. benefits of his discoveries. ambulance service,’’ he says. Before he was On October 28, 2005, Texas and Amer- My condolences go out to his wife dispatched to New Orleans in the aftermath ica lost a brilliant mind, a great Amer- Deborah, two sons, Chad and Preston, of Hurricane Katrina, Milam had never been ican and a dear friend, Richard and the rest of his family and friends. called out of Alaska for a mission and had Smalley. never done urban search-and-rescue work. Early in his life, Dr. Smalley devel- But like thousands of other personnel, he oped a love for science as he collected f was brought to Louisiana to do what the single-cell organisms with his mother Coast Guard does best: improvise wildly. at a local pond and studied them with TRIP DIARY ON BEHALF OF THE Milam made his first rescue late one night HURRICANE KATRINA FARM- near a warehouse outside New Orleans. After a microscope. dropping him into the black miasma below, He took this love of science with him WORKERS DISASTER RELIEF EF- his helicopter did something he had never to the University of Michigan where he FORT seen in his entire 13-year career: it flew graduated in 1965 with a bachelor’s de- Mr. ENZI. Mr. President, I ask unani- away—so that he’ could hear the cries for gree in chemistry. help. He looked around through his night-vi- After working at a Shell Chemical mous consent to have printed in the sion goggles and saw what looked like cas- Company manufacturing plant in New RECORD the trip diary of Dr. John Ar- kets—in fallen trees, on porches. Yes, they Jersey for 4 years, Dr. Smalley contin- nold on behalf of the Hurricane Katrina were caskets, dislodged from a nearby ceme- ued his education at Princeton Univer- Farmworkers Disaster Relief Effort. tery. That night Milam found a man and four dogs and helped hoist them all safely into sity, graduating with an M.S. in 1971 There being no objection, the mate- the helicopter when it returned. The man’s and his Ph.D. in 1973. rial was ordered to be printed in the pig, however, Milam left behind. ‘‘No way He moved his family to Chicago to RECORD, as follows: I’m taking a pig. The pig will be O.K.,’’ he begin a postdoctoral period with Don- TRIP DIARY HURRICANE KATRINA FARM- says. And so it went for 11 days, with Milam ald H. Levy at the University of Chi- WORKERS DISASTER RELIEF EFFORT (THE experiencing such firsts as flying over a cago. LARGEST INTERSTATE NON-GOVERNMENTAL semitrailer sitting on the roof of a house, While there, Dr. Smalley’s work RELIEF EFFORT OF THE KATRINA/RITA/TOR- seeing alligators undulating in the water began to elevate when he pioneered NADO AFTERMATH DISASTERS) below and finding himself surrounded by four what has become one of the most pow- men with shotguns in a dark, empty hos- Trip log of Dr. John David Arnold on his 6- pital. (They were security guards, as it erful techniques in chemical physics, day trip to the Hurricane Katrina Disaster turned out, and just as frightened as he was,) supersonic beam laser spectroscopy. States of Mississippi and Alabama from Fri- ‘‘I’m like, man, they didn’t teach me this in In 1976, Dr. Smalley joined the De- day, September 9, 2005 to Wednesday, Sep- swimmer school.’’ partment of Chemistry at Rice Univer- tember 14, 2005—His debriefing trip to federal

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.091 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12231 agencies and Congressional Representatives helped us load the trucks were impressed workers there or anywhere I went. We made in Washington, D.C. September 29 and 30, with that because of their hard work they arrangements to go visit the farmworkers 2005. were ‘‘now humanitarians—they showed that evening where they lived as well as INTRODUCTION there is hope for the future generations.’’ present the services available in Don’s job Why go to the Mississippi and Alabama? SEPTEMBER 9TH: MOBILIZING VOLUNTEERS, training organization. Don and I went out to Perhaps because they are rural states with RESOURCES, DEPARTURE TO CLARKSDALE, MISS. Stovall Farms where we saw some farm- many farmworkers that are consistently ig- A press conference was held at 10:30 a.m. workers and also promised to return with nored and would be forgotten about in the Friday, September 9, 2005 to thank everyone Pizza’s in the evening and talk to the rest of Hurricane Katrina/Rita relief efforts. Also, involved with the relief effort as well as a the group. Back at the office we made prep- because of the abject poverty these workers send off for those 7 individuals on the PPEP arations for the press conference at 1:30 p.m. are in. They would be hard pressed to find re- staff that volunteered to make the some 25 Mr. Hector Flores arrived with assistant Mr. sources to evacuate. Most had no credit hour 1,500 mile drive from Tucson to Clarks- Briones and he talked to some of the farm- cards, no bank accounts, no gas, nor cars to dale, Mississippi to our drop off point and workers whom had come into the office and put it in. A key concern was the remoteness then fly back to Tucson. They were Art took photos with them. We then took off to of these rural agricultural states and the Benge, Olivia Bernal, David Green, Suzette the local shelter located at the Clarksdale lack of adequate infrastructure to deal with Hamill, George Long, and Samuel Lopez. I Expo Center. The center was being toured by Hurricane disasters. Another key factor is flew down ahead of time to make prepara- the local, State, and congressional represent- that the coastal region infrastructure was tions for their arrival and visit farmworker ative Bennie Thompson. The center was very all but compromised by the storms. Our camps in the region. George Long from well organized, equipped, and supplied all long-term relationship with two sister farm- PMHDC would head up the first convoy. The with local resources—mainly none govern- worker organizations, Mississippi Delta and press conference was attended by the Ari- mental. After the shelter tour, we went back Telamon Alabama farmworker councils as zona Star, Tucson Citizen and Channel 4 to the Mississippi Delta office for the press contacts would facilitate our relief assist- (NBC) provided coverage. About 35 students conference. Hector, myself, and Congressman ance as their headquarters are located far in- and staff along with Representative Ted Thompson spoke to the press and the group land and their infrastructure was intact. Downing participated in the send off. Rep- assembled there. The balance of the after- This was an opportunity to move much need- resentative Ted Downing spoke of the loss noon was devoted to making flyers in Span- ed relief supplies to that region for present psychologically that Katrina victims have ish, which I translated, and ordering 60 piz- needs as well as establish for the future a sustained. This includes disorientation be- zas and sodas for the evening farmworkers permanent emergency relief supply distribu- cause the landmarks are gone, time of day meetings. tion and training center. The following is my no longer matters, whether it’s Sunday or At 5 p.m. went back to Stovall Farms pass- diary of the 6 days spent in the Gulf States Saturday is meaning less. Despair, poverty, ing the Indian burial mounds. We found the region from September 9th—September 14, disease, loss of family members and posses- farmworkers playing volleyball behind one 2005, and subsequent events. sions blur everything. Time seems to stand of the houses. Corn, barley, marlo, cotton, still until the shock wears off, relief or res- soybeans, rice, and catfish farming are com- PRE-WEEKEND COLLECTING PHASE cue arrives, if ever. During Maria Garza’s mon to the area. There are also some casinos SEPTEMBER 7, 2005: INITIAL CONTACT PHASE live radio broadcast, I brought up these along the river. Some of the people say the WITH GULF STATES REGION PARTNERS points and others; such as need for volunteer once rich soil is being depleted and contami- A. Initial contact with sister agencies Mis- bilingual psychological counseling, legal as- nated by overuse of pesticides. The farm- sissippi Delta and Alabama Telamon Farm- sistance for the victims, bio-hygiene was workers at Stovall listened to our presen- worker Councils. also discussed as crucial, just to feel clean tation of services, ate pizza, and we took pic- B. Conference call LULAC Executive Board again. Among the items transported were tures together. Don’s group played volleyball to secure $5,400.00 to pay for the costs of the health, personal hygiene kits, canned food, with the farmworkers, an important bonding first convoy of three (3) trucks with emer- clothing of all ages, bedding, water, crutch- between two diverse cultures yet with the gency relief supplies from Arizona to Clarks- es, walkers, infant needs, and even pet food same farm work background. We then left dale, Mississippi there was need for insect repellent as the for a trailer park near Clarksdale that SEPTEMBER 8TH: PPEP KATRINA RELIEF EFFORT mosquito population was exploding carry housed farmworkers, unlike Stovall farms IN TUCSON, AZ diseases. Clorox is a priority as the monster most spoke English. We ate pizza together I spent most of the day (AM) arranging for mold that sets in afterwards. with these workers whom were interested in transport vehicles and volunteer laborers to My flight to Clarksdale was rerouted to computer, CDL, and technical classes. The load the (3) 26′ Penske rental trucks with Little Rock, Arkansas 2 hours away from Stovall farmworkers wanted English classes. emergency relief supplies. By noon trucks Clarksdale. My purpose for flying ahead of Both types of classes were going to be looked had been secured as well as 12 students from the relief convoy was to make preparations into by Barbara Thompson from Delta. PPEP TEC Charter H. S., Fernandez Learn- in Clarksdale to set up the proposed storage The last stop was to visit some farming Center. Initially the donated items came facility to be used later for distribution of workers was at Vance, Mississippi, about 15 from both of the 13 PPEP TEC Charter High the contents of the three trucks of donated miles south of Clarksdale. One group of male Schools, the general public, and later the items. Furthermore, we were to have a press farmworkers invited us into their home bulk of the items from World Care. Lisa and conference and tour on Saturday the local where we exchanged pizza and a Mexican Pam, from World Care were most generous emergency shelter with Hector Flores, Presi- dish prepared by the farmworkers. After- with the relief supplies they had collected as dent of LULAC, Congressman Benny Thomp- wards, we took the balance of the pizza to well as with volunteers, trucks and drivers. son as well as consult with local emergency the shelter for the evacuees whom were The students of PPEP TEC were also great officials. mostly out for the evening in town. We and we worked loading the 3 26′ trucks for Initially, LULAC contributed the $5,400 to spoke to the sheriff safety officers at the about 4–5 hours in 107° heat. One of the cover rental of the 3 trucks, airfare for driv- shelter and they advised us if we were going young ladies passed out and was taken to ur- ers to return home, gas and lodging. PPEP, to the coastal cities of Biloxi and Gulfport gent care—she was fine. The hungry student Inc. contributed the staff hours, logistics on we should take extra gas rations as supplies volunteers were treated to the Home Town both ends of the trip. My flight arrived at were non-existent. Also, suggested we travel Buffet all you can eat buffet. The media was Little Rock at 10:24 p.m. where I was greeted with armed guard or get Military Police es- great; CBS Channel 13 showed up and inter- by Mr. Nathan Norris a representative from cort while in the immediate coastal area as viewed us about what we were doing as well Mississippi Delta Farmworker Council who there are armed gangs, car jacking, and as the Tucson Citizen photographer Gary drove me to Clarksdale. Because of several looting. Once there, I saw none of that, only Gaynor. During the loading, I was inter- detours we arrived in Clarksdale at 4:00 a.m. people whose dreams were shattered and viewed by Maria Garza live on her Hispanic SEPTEMBER 10TH CLARKSDALE, MISSISSIPPI praying that relief would arrive soon. Also radio network program. One of about a dozen TOUR/PRESS CONFERENCE/OUTREACH TO suggested, was that we must leave before it such interviews daily while I was in the gulf FARMWORKERS, MORNING gets dark because it is extremely dangerous state region. The Washington Post tracked Don Green picked me up from the Best and the military has a curfew and will snip- me down in Clarksdale on the abuses to the Western and we had breakfast and talked ers shoot at you. I then returned to my immigrant workers. We spoke about the need over strategies for recovery the efforts in- hotel. Most all the hotels in Mississippi are for mobile medical clinics, bilingual volun- cluding microbusiness and housing develop- completely filled with evacuees. The first teers to translate for Spanish speaking vol- ment. Afterward we went to the Mississippi available reservations were in December. unteers wanting to fill out FEMA Emer- Delta Farmworker Council office in Clarks- SEPTEMBER 11TH: TRIP TO GULF COAST REGION— gency relief applications. There was discus- dale and greeted Barbara Thompson and met PPEP CONVOY ARRIVES sion about Wal-Mart and Home Depot mak- the other staff. I located Hector Flores Presi- ing discounts and jobs for Katrina low in- dent of LULAC that had flown into Jackson, We left Clarksdale at 6 a.m. and traveled come victims to repair their home—of course Mississippi, and rented a car. During the down Highway 49 through Indianola, Jack- many do not even have homes to fix nor are morning, two groups of Mexican farm- son, and Hattiesburg to 1–10 and Gulfport. the insurance companies willing to pay for it workers came into the office and I translated One of Don’s staff personal that drove was if they did have insurance. The students that for them as there were no Spanish speaking armed in case of an emergency. We arrived

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.072 S02NOPT1 S12232 CONGRESSIONAL RECORD — SENATE November 2, 2005 in Jackson and stopped for fuel to ensure we We stopped at the Biloxi Fire station to pick The media, local, national, and inter- could get in and out of the Gulf area. From up Jacobo Brado from the Mexican Con- national was great. Everyday at noon I pro- that point on we began to see damage of sulate. He was on loan from the Mexican Em- vided an update over Maria Garza, Miami trees uprooted and buildings in disrepair. bassy to provide relief, cash, and airfare based National Hispanic Radio Program. The As we got closer to Biloxi and Gulfport, back to Mexico for certain evacuees. Also, Washington Post called as did the Hispanic there was evidence of military personnel, they were running interference with the Magazine. The Arizona Daily Star also did a shelter tents and relief stockpiles in the local military base that had arrested some story and photo. These all helped us get open, mainly donated items that were being illegal workers of one of the re-constructions more relief supplies and donations to World distributed. People were returning and the contractors. He took us to a small Hispanic- Care. areas inland north of the US–90 were con- owned grocery store where we talked to the Once the trucks were un-loaded, Mis- gested with vehicles. Perhaps loading up owner and patrons whom came into the store sissippi Delta treated the PPEP workers to a with supplies, rebuilding materials, and fam- about conditions in the Latino community. trip to the ‘‘Rhythm and Blues’’ Museum as ilies returning to survey what was left if We also visited a nearby apartment complex Clarksdale, as it is the nation’s capital for anything. Some of the gas stations were where many Latinos live that worked in the contributions to that music. Many of the open (long lines) and a few restaurants were casinos that were now damaged. It will take greatest blues singers are from that region. all very busy. As we got closer to downtown 9 months to a year, weather permitting to Afterwards we returned to the Mississippi Gulfport the road was blockaded and cars get them open again. Most of the tenants at Delta office for the signing over of the 1998 were screened by the Military Police. The the apartments lost their furniture and per- (6) passenger van being donated by PPEP Downtown was abandoned as far as business sonal items during the Hurricane. We also along with 5 computers for use in the emer- activity since most of them were damaged, went to a barrio we were told once housed gency relief and re-training the farm- many beyond repair or blown away. hundreds of immigrants with their busi- workers. We also visited the Chamber of As we approached US–90 the buildings were nesses and homes. Nothing was left but Commerce to see if they would sell the ware- leveled and the large hotels facing the beach mounds of rubble, tree fragments, founda- house we are using to distribute the emer- were blown out and only their structural tions, and heavily damaged vehicles. Some of gency relief supplies. They are asking frames remained. Once on US–90 we were the rubble was piled 20–30 feet high. It was $650,000 for the property which is an about 10 stopped again and screened carefully to con- total devastation. There was a terrible smell acres and has railroad and 3 loading docks. tinue westbound. Once heading west, the evi- of sewage, perhaps rotting flesh, etc. I just SEPTEMBER 13TH: TRIP TO MOBILE AND BALDWIN dence of the magnitude of the storm was could not imagine the once happy neighbor- COUNTY—AGRICULTURE REGION ALABAMA alarming. The floating casinos were beached. hood now devastated beyond recognition. I left Clarksdale for Memphis to catch a One casino had rested atop what was once a Proceeding west on US–90 in Biloxi was most Delta flight to Mobile, Alabama via Atlanta, 3-story motel and flattened it. All the busi- difficult as the roadway was washed out in Georgia. The purpose of the Alabama visit is nesses along the route were swept away and several places. Along the beach was a group- to identify farmworkers Katrina disaster re- barely a trace left where they once stood. ing of military tents called ‘‘camp recovery’’ lief victims and find their whereabouts and The large oaks were leveled and stripped of I we also saw a hovercraft beached as well as needs. On my way to Mobile, I spoke to their leaves. Most were up rooted. The ba- some navel vessels docked. There was also a LULAC and obtained an additional $4,000 to nana industry warehouses and trucks near Mexican Navy ship with medical personnel transport two more 53′ semi-trucks to the docking areas were gone. Their mangled and portable water purification units there. Clarksdale. World Care said they would and twisted trailer truck frames were scat- They were being delayed we were told be- match several more 53′ semi-trucks eventu- ′ tered everywhere. I took several hundred cause of U.S. Customs red tape. After our ally making it 9 semi-trucks, and 3—26 foot digital photos with one hand and attempted coastal tour we went and had lunch, there we delivery. trucks to Clarksdale. Also, I spoke to videotape the unbelievable devastation left Jacobo and his three cell phones and to Hector Flores to see if he could help Mis- with the other hand. As we proceeded east on headed back toward Clarksdale, Mississippi. sissippi Delta purchase the warehouse as a US–90 in Gulfport, I noticed only empty All totaled it was a 6-hour drive from Clarks- permanent regional emergency relief center. LULAC will secure appointments with spaces where many stately mansions I re- dale to Gulfport; we stayed 5 hours on the USDA, HUD, Commerce, and other agencies membered previously seeing were swept coast and 7 hours returning as we stopped in away. All that was left was mangled truck for my upcoming trip to D.C. Indianola, Miss. to see Clanton Beaman. Once in Mobile, Alabama, I headed to the frames, vehicles, scattered railroad cars, and Clanton heads up the Mississippi Delta Mexican Consulate located in the Hispanic enormous uprooted oak trees. Occasionally Housing programs for farmworkers. I have Ministries building on Dolphin Island Park- there were cement steps that once led up to known him for over 30 years and we talked way. After briefing the Mexican consulate the houses otherwise there was no evidence about the funding of the programs and what staff we waited for Michelle Coel of the Ala- of some ones home ever being there. would be needed for the reconstruction. Iron- bama Telamon Farmworker Council and her The only structure that remained with ically USDOL had cut of all of his emergency assistant Elizabeth. We all then went to a some semblance in its former state was the and temporary housing funds this year. Gulfport Girls College where my mother We had dinner there and arrived at the very crowded Olive Garden Restaurant to once attended school, now Mississippi State Best Western in Clarksdale shortly after have a late lunch and exchange information College. However, upon closer inspection midnight. We also were informed that the about what each was doing. Afterwards we only the walls remained. The building had PPEP relief convoy of 3–26’ Penske rental went with the Mexican Consulate staff to been gutted by the wind and water surges trucks and the 1998 Pontiac van loaded with Fairhope located in Baldwin County. This is a major agricultural region for peanuts, cot- that were some 30 feet high and winds up to computers (donated by PPEP Inc) had ar- ton, peaches, etc. Names of the Mexican Con- 200 mph. The newer school structures were rived safely that evening. The Mississippi sulate staff were: Alberto Diaz (Atlanta), Al- gone. One heartening thing was the 300-year- Delta staff had greeted them and provided a fonso Joule (Chicago), David Pen˜ aflor (Flor- old oak tree known as the Friendship Tree dinner. The sheriff also escorted them from ida), and Astrid Diaz (SRE. D.F.), Enrique apparently survived. I took some photos the Arkansas/Mississippi border into Clarks- Maldonado (Consul General), Jorge Cesar there and called my daughters Chaska and dale. (Atlanta). Tika and let them know the tree they played SEPTEMBER 12TH: UNLOADING RELIEF SUPPLIES When we arrived one of Michelle’s contacts on was still there. In order to enter the area FROM TUCSON, AZ greeted us and took us to a grocery store we had to have a military escort as heli- We met the PPEP drivers at 8:00 a.m. and where farmworkers shop. There were 75 copters were flying overhead watching close- went to the Clarksdale Hospital Cafe´, which farmworkers there waiting for us. I trans- ly for looters. Military Humvees were patrol- provided us a free breakfast and lunch. That lated for Michelle as she explained what ling the area and checked on our presence. I morning we drove the trucks to the Mis- Telamon Alabama Farmworker Council does took so many photos because I knew I could sissippi Delta distribution point but it was and the services they offer. The Mexican never describe what I saw nor would anyone too small. So the Chamber of Commerce pro- Consulate team that included Enrique believe me. These photos were some of the vided us a 60,000 sq. ft. warehouse with 3 Maldonado from the Mexican Consulate in first taken as we were admitted to the areas loading bays free of charge. It took several Atlanta, Georgia and staff from other shortly as it was opened up to public access. hours for the local crew to unload the branches of the SRE. They made presen- The roadway was not stable in some places trucks. We contacted World Care in Tucson tations of their government’s services. The and washed away in others. I was careful not about the increased storage space for a re- farmworkers raised a number of concerns to take photos of any families’ victims of gional distribution center and Pam from such as; Katrina that might be surveying the dam- World Care immediately dispatched a 53 semi 1. Abuses by local law enforcement officers age. We headed back east on US–90 towards loaded with more relief supplies. Mississippi stopping, citing, and harassing Hispanic Biloxi, Miss. Once again the former business Delta received that day 130 calls for relief. drivers to a point they are afraid to drive. district was totally devastated or washed They desperately need Spanish speaking per- 2. Landlord abuses of charging high rents away. All the homes were devastated or com- sonal to reach the Latino Community and and surcharges along with steep fines if late. pletely gone. All that was left in some cases farmworkers. We made pleas through the Shutting off water arbitrarily. Also having were the foundations and front steps. Some media to get Spanish speaking volunteers to vehicles towed off and throwing out their owners had left an American flag where come to Clarksdale. LULAC responded and furniture in the street. Non-refundable de- there house once stood. One sign said ‘‘Pray will send someone and Mississippi Delta will posits of $1800 are required to move into di- for Us’’ others said ‘‘looters will be shot.’’ provide housing. lapidated trailers.

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.075 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12233 3. Abuses by employers refusing to pay Pascagoula, Mississippi. By the way, the greatest thank you provided 9 semis and workers for their labor. Threatening to call driver ‘‘James’’ pointed out the alligator CDL drivers. Lisa and Pam of World Care get immigration and have them deported if they farm that made the national news because of 3 gold stars! They never said ‘‘No’’—just that complained. the 200 alligators that had escaped. We ‘‘more trucks are on the way.’’ LULAC earns 4. Fear of government and law enforcement stopped and I saw an enormous bull alligator a gold star for providing $10,000 to cover the to the point they do not report crimes still in his confinement. cost of 3 drivers’ food, 2 semi’s, lodging, 3 against them such as robberies, assaults, However, across the parking lot in a shal- rental trucks, gas and associated costs. rapes, etc. low pond, there was a small alligator that 2. Establishing in Clarksdale, Mississippi a 5. No recreation available for the youth, peered up at me, when I approached him he permanent regional emergency relief dis- which breeds drinking and drug abuse. lunged forward at me. tribution, training, and economic develop- 6. No one to turn to for help or to be their Once in Pascagoula, Mississippi, I observed ment center. We secured free of charge a 10 advocate. much of the devastation I saw in Gulfport acre 60,000 sq. ft. modern warehouse with 3 7. Need for picture identification cards and and Biloxi, but on a much larger scale. The truck bays, railroad spur for securing storing classes to learn English were top priorities. devastation on the waterfront neighborhoods and distribution of emergency supplies. We 8. Expressed the desire to be working and was total. Some huge homes had been pushed need $650,000 to purchase the building. helping with the reconstruction efforts in inland, others destroyed on their founda- 3. We helped bond relationships between the region. tions. Most of the lots had only their con- the African American community and the Both the Mexican Consulate and Telamon crete front steps. Otherwise, their lots were Latino community everywhere we went. Alabama staff gave out checks for rental as- swept clean by the force of the winds and 20′ Jesse Jackson and Hector Flores of LULAC sistance, and other emergency needs that to 30′ water surges. Some locals said that the have named this the ‘‘New South’’ partner- surfaced from the workers. The Mexican gusts of winds got up to 200 miles an hour. In ship. Consulate and I visited a family in a trailer the interior neighborhoods the people were 4. We have helped surface the abuses and park that needed to be repatriated to Mex- just returning and you could see clothing discrimination that is on going in the region ico. Airfare was made available as well as drying out and mounds of ruined furniture against Latinos. We owe much gratitude to the logistics to get to the airport. There was and appliances piled up, tagged, out front for Maria Garza and her national Hispanic radio mention that the US Immigration Authori- removal. Some streets were still blocked be- program that aired my updates each day. As ties were honoring an Amnesty directive to cause of the debris, service trucks, and re- well as the Mexican Consulate staff from At- not arrest Katrina victims. Maybe someone moval equipment. lanta, Georgia. 5. We have given the local farmworkers in Washington got smart and realized we Everywhere there were utility vehicles re- staff and the farmworkers our love and con- might need these workers to repair the dev- storing power, dump trucks, cranes, front cern and the knowledge that there are many astated Gulf States. Later I found out this loaders, and emergency vehicles. There was of us out there that care about them and this was contradicted by numerous arrests of ille- definitely a bustle of activity to restore forgotten region. gal workers. The message from Washington some semblance of the community. There 6. Learned to appreciate what it means to on this issue was not clear. Also, it was re- were some gruesome stories such as before lose all your earthly possessions, pets, in- ported in the newspaper that several victims one hardware store could open 5 dead bodies cluding loved ones. whom applied for disaster assistance were in had to be removed from the roof. As for com- 7. Set the foundation to continue sup- deportation hearings. This experience point- parisons to Hurricane Camille the old timers porting the long-term recovery efforts long ed out how poorly we are prepared to make said Katrina by far was the worst. Even the after FEMA, Red Cross, and the Salvation accessible emergency relief services or even elevated railroad bridge and Highway 90 were Army, which never arrived for the farm- to notify and evacuate these workers when breached this time. I had to hurry back to workers and other relief agencies, depart the danger is eminent. Also, it pointed out the Mobile to catch a plane, but the driver said region. greed that drives abuses and discrimination there was not enough time so we continued 8. We found out great and lasting relief ef- and harassment directed towards our farm- on the Pensacola, Florida to catch a flight to forts for those forgotten really do work— workers. Also, the need for Spanish speaking Tucson, Arizona via Dallas, Fort Worth. On even without federal dollars. workers at hospitals, schools, banks, police the way to Pensacola, Maria Garza gave me An important thought came to me; Presi- forces, county, state, and federal offices. 25 minutes on her program to discuss the dent James Madison once said ‘‘those soci- Ironically, it was at the Mexican Consulate I aforementioned negative situations with the eties that honor the workers that toil the found that they were the only governmental farmworkers we found in Baldwin County, fields shall endure.’’ I observed that in the agency on the scene along with the USDOL Alabama. Katrina crisis brought out the best and NFJP WIA 167 grantees that provided Span- Upon my return to Tucson we had a press worse in our society. If all the dedicated ef- ish speaking services. They also rescued me conference to debrief and thank the volun- forts I witnessed made during the aforemen- and provided lodging in Mobile as there were teers and our partners such as LULAC, PPEP tioned relief efforts are any indication—then no hotels available. We crashed with the TEC Charter High School students, and President Madison would be proud of them. Mexican media and staff in a 4–bedroom World Care. By then five more 18–wheelers THE DEBRIEFING IN D.C.—POST KATRINA/RITA/ house. from World Care had arrived in Clarksdale, TORNADO AFTERMATH Miss. In Mobile, Alabama, we have located SEPTEMBER 14TH: TOUR OF BAYOU LA BATRE On Friday, September 30, 2005, Don Green another warehouse as a sub regional dis- AND PASCAGOULA, MISS. DISASTER REGIONS and myself made several visits in D.C. on tribution center. Yes there was another Hur- I got up early and called the airport trans- Capitol Hill as well as meeting with federal ricane since then, ‘‘Rita’’ who spawned high portation dispatcher and told her I wanted to officials to present our Katrina/Rita emer- winds, water, and tornados in the Clarksdale tour the coastal disaster areas. I left at 8:00 gency relief report and recommendations on region. Both Hurricanes were category 5 and a.m. from the Mexican Consulate house and what is needed not to help provide much three weeks apart. proceeded west to Bayou Batre. I was told needed relief as will as re-construction of the After Rita, the only indoor relief center this is one of the most important gulf shrimp rural agriculture regions. was in Clarksdale as most others were left to and fishing areas mostly run by Cambodian Furthermore, the important of the Clarks- the elements and ruins. Don and I made and Vietnamese immigrants. There were re- dale facility as a permanent emergency re- plans to travel to Washington, D.C. to hope- ports that Latinos were moving into the area lief distribution training center, we also pre- fully meet with government officials; as well. I noticed at the local store ‘‘Jurritos sented our concerns on civil rights viola- USDOL, USDA, HUD and Commerce to find sodas’’ and other favorite food of Latinos. tions, and wide spread abuse by tenant land- resources to keep the relief center perma- However neither the Asians nor Latinos lords and the failure of FEMA, Salvation nent for economic development and training. could be found because there homes were Army, and the Red Cross to reach farm- We also will attend the National LULAC wiped out. workers hurricane victims. Perhaps a good As for the fishing port area it was heavily Board meeting while there and thank them reason not to give to the Red Cross or Salva- damaged and well as the residential and for their donations. We will show a tion Army because at it never will get to business districts. There is grave concern PowerPoint we developed showing the relief farmworkers. Best give to local charities and about the water quality for the shrimp and efforts, the devastation, as well as a photo relief organizations that have on going con- fish. Government workers were on rafts test- album and this trip diary. tacts with farmworkers. We presented the ing the waters. The stench was almost nau- SUMMARY fact that these agencies had they found the seating. The driver took me along the coast- What was accomplished on this short trip farmworkers there were no Spanish speaking al area where the fisherman once lived. to the Gulf States was the following: field workers. We also discussed the failure There were very few structures left as the 1. Collection and transporting of emer- of federal agencies medium of communica- storm surge was up to 30 feet. The fishing gency relief supplies from Tucson, Arizona tion to warn farmworkers of eminent danger peers were just poles in the water and none that included 6 53’ semi-trucks, 3 26’ semi- as well as relief efforts. Most federal agen- of the infrastructure survived. I could see trucks, donation of 1998 (6) passenger van cies were putting the word out over their the water line on the trees as well as debris with (5) computers. PPEP, INC. staff which websites or in the media but in English. Of high up on the limbs. There were fishing drove these trucks came from our school, course farmworkers do not have computers ships overturned and some pushed far inland. property management, finance, and housing and when electricity was out so were the ra- Upon returning to highway 90 I proceeded to divisions. World Care whom we owe the dios.

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.079 S02NOPT1 S12234 CONGRESSIONAL RECORD — SENATE November 2, 2005 USDOL MEETING presented Don Green a check for $1,075 which honor the Fayetteville Public Library We raised the concern with USDOL that by was collected by the farmworkers adult and which was recently named the 2005 ‘‘Li- sending all its relief monies to the State youth from her hometown to help fellow brary of the Year’’ by Thomson Gale Work Force Investment Boards the relief farmworkers in Mississippi. Eight farm- and Library Journal. The Library of does not get to the farmworker community worker youth who were attending the Na- tional LULAC Leadership Conference in D.C. the Year Award honors the library that or the organizations that serve them. We is most dedicated to community serv- also made note that USDOL contracting joined in the presentation. On Saturday, I of- with privately owned personnel agencies ficially presented the Katrina/Rita Relief re- ice through its creativity and leader- that have no previous experience providing port to the LULAC National Board meeting ship. Thompson Gale and Library Jour- job referrals to farmworkers. Furthermore, and thanked them for their generous support nal will present a check for $10,000 to we made mention that the government and both financially and other support including the Fayetteville Public Library later relief agencies bypassed the USDOL WIA 176 opening doors to the government agencies to this month during the American Li- NFJP farmworker job training grantees in hear our case. brary Association’s annual conference Alabama and Mississippi that had a com- f in Chicago, IL. bined 40 years experience serving local mi- I would like to recognize Louise grant and seasonal populations. Don Green ADDITIONAL STATEMENTS submitted a proposal to USDOL for $80,000 to Schapter, executive director of the hire 3 Spanish speaking outreach workers to Fayetteville Public Library, and her assist the farmworkers victims. USDOL is to HONORING WERNER FORNOS outstanding staff, for their commit- get back with him on that request. We also ∑ Mr. SARBANES. Mr. President, ment to providing such a quality com- requested USDOL for funding to create a today I would like to honor Werner munity resource to the citizens of training program for operating an emer- Fornos, who is retiring after 23 years as Northwest Arkansas. During Ms. gency relief warehouse and distribution cen- president of the Population Institute. Schapter’s tenure, library usage has ter. Training would include forklift oper- Across his long and productive career, soared. Visits have increased from ations, CDL truck drivers, warehouse management, inventory, receiving and distribu- Werner has worked tirelessly to im- 192,179 to 576,773, checkouts have risen tion, accounting, computer, and English prove the lives of Marylanders and peo- from 271,187 to 718,159, program attend- classes. ple around the world. ance has grown from 14,448 to 41,658, HUD MEETING Werner has been a dedicated public and cardholders have leaped from 15,662 Meeting took place in the office of the servant. He and I served together in to 48,419. What a remarkable accom- Deputy HUD Secretary Roy A. Bernardi, the Maryland House of Delegates from plishment! whom we presented the need for acquiring 1966–1970. As a delegate he fought many I would also like to mention that the the $850,000 needed to purchase and renovate important legislative battles—to pro- Library has more than 160 regular vol- the Clarksdale facility. Our Katrina/Rita Re- tect the State’s natural resources, to unteers, who deliver books to the lief Report was also presented and we re- strengthen civil rights and to ensure homebound, shelve and cover books, quested that Secretary Jackson take this reopen government. He served as Mary- staff the computer lab and conduct var- port to his briefing at the White House later land’s Manpower Administrator and as ious programs. This involvement by in the day. Assistant Secretary of Human Re- the community is truly commendable USDA MEETING sources. At the Federal level he served and makes all of us in Arkansas proud. Met with Deputy Secretary of Agriculture as Special Assistant to the U.S. Assist- Mr. President, I ask my colleagues to Charles F. Conner and his assistant Anna- ant Secretary of Labor for labor-man- join me in congratulating the Fayette- belle J. Romero and also presented the need agement relations and Deputy Assist- ville Public Library on receiving this to provide funding to obtain the Clarksdale ∑ Relief Facility. We also presented to the ant Manpower Administrator. well-deserved honor. Civil Rights Deputy Assistant and presented Over the past three decades, Werner f broadened his focus to the inter- the civil rights and blatant abuses of farm- HONORING SAM MOORE workers in Baldwin County, Alabama. national arena, fighting to expand ac- ∑ Mr. BUNNING. Mr. President, I US DEPARTMENT OF COMMERCE cess to voluntary and affordable family proudly rise today to recognize Mr. We met with Secretary Gutierrez and pre- planning information, education, and sented him the Katrina/Rita Report. He was services to couples across the globe. He Sam Moore for his outstanding con- most interested and indicated that we would has spoken to college and university tribution to Kentucky Agriculture. contact HUD and USDA and see how the 3 audiences and service and community Mr. Moore has served as president of agencies could be of assistance in obtaining organizations in all 50 States and has the Kentucky Farm Bureau Federation the Clarksdale Facility. addressed virtually every major inter- since December 1998 following 7 years DIRECTION OF OFFICE PERSONAL MANAGEMENT national population and development of service as first vice president. He has We met with Director Carol Springer and conference. He has written numerous been a member of the Kentucky Farm staff regarding Spanish media outlets to get opinion articles for newspapers and Bureau Federation board of directors the word out to farmworkers during emer- magazines worldwide, and is the author since 1975 and is a distinguished mem- gencies. Also, requested her to talk to FEMA of the book, ‘‘Gaining People, Losing ber of the American Farm bureau and other governmental agencies about the Ground.’’ board of directors. Mr. Moore, a Butler need for hiring and training Spanish speak- County native and father of six has ing workers to interface with farmworkers His numerous awards and honors in- and others in the workforce. clude the Humanist of the Year Award been an active member of Kentucky’s agricultural community all his life. In ON CAPITOL HILL of the American Humanist Association; the University of Maryland University 1973, Mr. Moore was selected an out- We were able to also present our Katrina/ standing young farmer by the Ken- Rita Relief Reports to Arizona Congressman College Alumnus of the Year Award; Raul Grijalva, Senator John McCain, and Germany’s Order of Merit, the highest tucky Jaycees, and the following year Ken Salazar (Col) directly. We also spoke to distinction granted by the German he won a similar designation from the the staff of Senator Mike Enzi (WY); Senator Government; Rotary International’s Kentucky Farm Bureau. As Kentucky’s Lieberman of Connecticut, Senator McCain 2005 Service Above Self Award; and the representative in the 1974 national took special interest in the report because of 2003 United Nations Population Award. young farmer competition, he received family roots in Mississippi. Werner Fornos’ efforts for more than a special citation as one of the top en- LULAC a quarter of a century have aimed to trants. In 2003, he was selected as Man Don Green and I were recognized at the provide a better quality of life for peo- of the Year in Kentucky Agriculture by LULAC luncheon, and allowed to give our ple everywhere. I ask my colleagues to Progressive Farmer Magazine. profound thanks for the $10,400 LULAC con- join me in commending his extraor- Mr. President, Mr. Moore has an- tributed for trucking of relief supplies from dinary record of achievement and pub- nounced he will retire after 30 years of Tucson to Clarksdale, Mississippi. Don Green lic service.∑ outstanding service to the Kentucky received the LULAC Presidential Citation Farm Bureau. The people of Kentucky Award by President Hector Flores for the job f are extremely fortunate to have had he and his agency had done to help farm- FAYETTEVILLE PUBLIC LIBRARY workers in Mississippi. Mr. Moore’s leadership over the years. That evening Leticia Aragon, President of ∑ Mr. PRYOR. Mr. President, it is with I have had the honor and privilege of LULAC Council 1091 of San Luis, Arizona, the greatest pleasure that I today working with Mr. Moore on a variety of

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.083 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12235 issues and have found his dedication graders in South Dakota’s West Cen- a report of the Commission’s updated Stra- and commitment to agriculture admi- tral School District. tegic Plan for 2006–2011; to the Committee on rable. He and his wife Helen serve as a I am proud to highlight the accom- Homeland Security and Governmental Af- wonderful example to the citizens of plishments made by the Ladies of Post fairs. Kentucky and I would like to take this 62 in Humboldt, SD, and I gladly con- EC–4491. A communication from the Spe- gratulate them on their many and gen- cial Counsel, Office of Special Counsel, moment to recognize his service to the transmitting, pursuant to law, the Fiscal Commonwealth. erous contributions to the State of Year 2005 Report on Agency Management of Mr. Moore, the citizens of Kentucky South Dakota and to our Nation.∑ Commercial Activities under the Federal Ac- are grateful for all you have done for f tivities Inventory Reform (FAIR) Act; to the Kentucky and for the agricultural com- Committee on Homeland Security and Gov- MESSAGE FROM THE PRESIDENT munity.∑ ernmental Affairs. f A message from the President of the EC–4492. A communication from the Execu- United States was communicated to tive Director, Interstate Commission on the 150TH ANNIVERSARY OF INDIAN- the Senate by Ms. Evans, one of his Potomac River Basin, transmitting, pursu- APOLIS HEBREW CONGREGATION secretaries. ant to law, the Sixty-Fourth Financial Statement for the period of October 1, 2003 ∑ Mr. LUGAR. Mr. President, I rise f today to acknowledge an important through September 30, 2004; to the Com- EXECUTIVE MESSAGE REFERRED mittee on Homeland Security and Govern- milestone in my home State. I am mental Affairs. pleased to join with the more than 1150 As in executive session the Presiding EC–4493. A communication from the Dis- families who are members of Indianap- Officer laid before the Senate a message from the President of the United trict of Columbia Auditor, transmitting, pur- olis Hebrew Congregation as they com- suant to law, a report entitled ‘‘Audit of Ad- memorate their year long sesqui- States submitting a nomination which visory Neighborhood Commission 3F for Fis- centennial celebration. was referred to the Committee on Fi- cal Years 2003 Through 2005, as of March 31, On November 2, 1856, fourteen Jewish nance. 2005’’; to the Committee on Homeland Secu- men in Indianapolis signed the con- (The nomination received today is rity and Governmental Affairs. stitution and by-laws to create Indian- printed at the end of the Senate pro- EC–4494. A communication from the Dis- apolis Hebrew Congregation, the first ceedings.) trict of Columbia Auditor, transmitting, pur- Jewish congregation in the growing f suant to law, a report entitled ‘‘Audit of Ad- city of Indianapolis. IHC, the largest visory Neighborhood Commission 4D for Fis- MESSAGE FROM THE HOUSE cal Years 2003 Through 2005, as of March 31, congregation in Indiana, has played an 2005’’; to the Committee on Homeland Secu- important role as the spiritual home of At 2:58 p.m., a message from the House of Representatives, delivered by rity and Governmental Affairs. the Jewish community in Central Indi- EC–4495. A communication from the Dis- ana. Mr. Hays, one of its reading clerks, announced that the House has passed the trict of Columbia Auditor, transmitting, pur- I strongly believe that a religious suant to law, a report entitled ‘‘Audit of Ad- community cannot thrive without the following bills, in which it requests the visory Neighborhood Commission 5A for Fis- active participation of its members. In- concurrence of the Senate: cal Years 2003 Through 2005, as of March 31, dianapolis Hebrew Congregation’s long H.R. 2413. An act to designate the facility 2005’’; to the Committee on Homeland Secu- and distinguished history of signifi- of the United States Postal Service located rity and Governmental Affairs. cance in the Indianapolis community is at 1202 1st Street in Humble, Texas, as the EC–4496. A communication from the Sec- ‘‘Lillian McKay Post Office Building’’. retary of the Treasury, transmitting, pursu- the result of members’ hard work, dedi- H.R. 3548. An act to designate the facility cation, and enthusiasm for their con- ant to law, a six-month periodic report on ofthe United States Postal Service located the national emergency with respect to Iran gregation. This celebration provides a on Franklin Avenue in Pearl River, New that was declared in Executive Order 12170 of special opportunity to recognize the York, as the ‘‘Heinz Ahlmeyer, Jr. Post Of- November 14, 1979; to the Committee on many members who have put forth fice Building’’. Banking, Housing, and Urban Affairs. their time and energy to serve the con- H.R. 3989. An act to designate the facility of the United States Postal Service located EC–4497. A communication from the Direc- gregation throughout the last 150 at 37598 Goodhue Avenue in Dennison, Min- tor, Financial Crimes Enforcement Network, years. nesota, as the ‘‘Albert H. Quie Post Office’’. Department of the Treasury, transmitting, I would like to extend to Indianapolis pursuant to law, the report of a rule entitled f Hebrew Congregation my own personal ‘‘Financial Crimes Enforcement Network; mazel tov on celebrating this simcha. I MEASURES REFERRED Amendment to the Bank Secrecy Act Regu- am hopeful they will continue to cele- lations—Anti-Money Laundering Programs The following bills were read the first for Insurance Companies’’ (RIN1506–AA70) re- brate many more years of fellowship and the second times by unanimous ceived on October 31, 2005; to the Committee and service in the Indianapolis commu- consent, and referred as indicated: on Banking, Housing, and Urban Affairs. ∑ nity. H.R. 2413. An act to designate the facility EC–4498. A communication from the Direc- f of the United States Postal Service located tor, Financial Crimes Enforcement Network, at 1202 1st Street in Humble, Texas, as the AMERICAN LEGION AUXILIARY Department of the Treasury, transmitting, ‘‘Lillian McKay Post Office Building’’; to the pursuant to law, the report of a rule entitled POST 62 Committee on Homeland Security and Gov- ‘‘Financial Crimes Enforcement Network; ∑ Mr. THUNE. Mr. President, today I ernmental Affairs. Amendment to the Bank Secrecy Act Regu- wish to honor the ladies of American H.R. 3548. An act to designate the facility lations—Requirement that Insurance Compa- of the United States Postal Service located nies Report Suspicious Transactions’’ Legion Auxiliary Post 62 from Hum- on Franklin Avenue in Pearl River, New boldt, SD. These ladies ranging from 60 (RIN1506–AA36) received on October 31, 2005; York, as the ‘‘Heinz Ahlmeyer, Jr. Post Of- to the Committee on Banking, Housing, and to 80 years of age have not only been fice Building’’; to the Committee on Home- Urban Affairs. active supporters of our young men and land Security and Governmental Affairs. H.R. 3989. An act to designate the facility EC–4499. A communication from the Ad- women serving abroad but have dedi- ministrator, Environmental Protection cated themselves to providing support of the United States Postal Service located at 37598 Goodhue Avenue in Dennison, Min- Agency, transmitting, pursuant to law, a re- for their community and Nation. port entitled ‘‘Annual Report to Congress on This small group of dedicated mem- nesota, as the ‘‘Albert Harold Quie Post Of- fice’’; to the Committee on Homeland Secu- Implementation of Public Law 106–107’’; to bers holds an annual fundraiser where rity and Governmental Affairs. the Committee on Environment and Public this year they raised a considerable Works. f sum. The ladies of Post 62 were able to EC–4500. A communication from the Direc- give an average of $150 to the following EXECUTIVE AND OTHER tor, Office of Congressional Affairs, Nuclear organizations: the West Central FFA, COMMUNICATIONS Regulatory Commission, transmitting, pur- the Community Club Fund, the Volun- suant to law, the report of a rule entitled The following communications were ‘‘Price-Anderson Act Financial Protection teer Fire Department, Buddy Walk, the laid before the Senate, together with Regulations and Elimination of Antitrust Special Olympics, and the Creative accompanying papers, reports, and doc- Reviews’’ (RIN3150–AH78) received on Octo- Arts Festival for Veterans. In addition uments, and were referred as indicated: ber 31, 2005; to the Committee on Environ- to donating to this long list of chari- EC–4490. A communication from the Chair- ment and Public Works. table organizations they also pur- man, Occupational Safety and Health Review EC–4501. A communication from the Prin- chased new dictionaries for all third Commission, transmitting, pursuant to law, cipal Deputy Associate Administrator, Office

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.088 S02NOPT1 S12236 CONGRESSIONAL RECORD — SENATE November 2, 2005 of Policy, Economics, and Innovation, Envi- *Mark V. Rosenker, of Maryland, to be a Nominee: Roland E. Arnall. ronmental Protection Agency, transmitting, Member of the National Transportation The following is a list of all members of pursuant to law, the report of a rule entitled Safety Board for a term expiring December my immediate family and their spouses. I ‘‘Approval and Promulgation of Air Quality 31, 2010. have asked each of these persons to inform Implementation Plans; Colorado; PM10 Des- *Kathryn Higgins, of South Dakota, to be a me of the pertinent contributions made by ignation of Areas for Air Quality Planning Member of the National Transportation them. To the best of my knowledge, the in- Purposes, Lamar’’ (FRL7983–4) received on Safety Board for a term expiring December formation contained in this report is com- October 31, 2005; to the Committee on Envi- 31, 2009. plete and accurate. ronment and Public Works. *Shana L. Dale, of Georgia, to be Deputy Contributions, amount, date, and donee: EC–4502. A communication from the Prin- Administrator of the National Aeronautics 1. Self: Roland E. Arnall—See attached. cipal Deputy Associate Administrator, Office and Space Administration. 2. Spouse: Dawn L. Arnall—See attached. of Policy, Economics, and Innovation, Envi- Coast Guard nominations beginning with Date, Amount, Donee: ronmental Protection Agency, transmitting, Rear Adm. (1h) Jody A. Breckenridge and 10/9/2001, $1,000.00, Friends of Jane Harman; pursuant to law, the report of a rule entitled ending with Rear Adm. (1h) Timothy S. Sul- 3/29/2002, $2,000.00, Colorado Senate 2002; ‘‘Approval and Promulgation of Air Quality livan, which nominations were received by 6/20/2002, $1,000.00, Committee To Elect Implementation Plans; State of Utah; State the Senate and appeared in the Congres- Artur Davis to Congress; Implementation Plan Corrections’’ sional Record on October 25, 2005. 6/25/2002, $250,000.00, Democratic National (FRL7987–9) received on October 31, 2005; to Mr. STEVENS. Mr. President, for the Committee; the Committee on Environment and Public Committee on Commerce, Science, and 6/30/2002, $1,000.00, Katrina Swett for Con- Works. gress Committee; EC–4503. A communication from the Prin- Transportation I report favorably the 6/30/2002, $1,000.00, Katrina Swett for Con- cipal Deputy Associate Administrator, Office following nomination lists which were gress Committee; of Policy, Economics, and Innovation, Envi- printed in the RECORDS on the dates in- 8/14/2002, $1,000.00, Denise Majette for Sen- ronmental Protection Agency, transmitting, dicated, and ask unanimous consent, to ate; pursuant to law, the report of a rule entitled save the expense of reprinting on the 8/14/2002, $1,000.00, Denise Majette for Sen- ‘‘Approval and Promulgation of Implementa- Executive Calendar that these nomina- ate; tion Plans; Tennessee: Nashville Area Sec- 8/26/2002, $1,000.00, Ed Royce for Congress; ond 10-Year Maintenance Plan for the 1-Hour tions lie at the Secretary’s desk for the information of Senators. 10/24/2002, $1,000,000.00, Republican National Ozone National Ambient Air Quality Stand- State Elections Committee; ard’’ (FRL7990–3) received on October 31, The PRESIDING OFFICER. Without 3/26/2003, $25,000.00, Republican National 2005; to the Committee on Environment and objection, it is so ordered. Committee; Public Works. Coast Guard nominations beginning with 4/25/2003, $2,000.00, Tom Lantos for Con- EC–4504. A communication from the Prin- David K. Almond and ending with Jeffrey gress; cipal Deputy Associate Administrator, Office Saine, which nominations were received by 4/25/2003, $2,000.00, Tom Lantos for Con- of Policy, Economics, and Innovation, Envi- the Senate and appeared in the Congres- gress; ronmental Protection Agency, transmitting, sional Record on September 8, 2005. 8/20/2003, $250.00, New Majority FEDPAC; pursuant to law, the report of a rule entitled Coast Guard nominations beginning with 9/23/2003, $1,000.00, Republican National ‘‘Approval and Promulgation of Implementa- Steven J. Andersen and ending with Vann J. Committee; tion Plans; North Carolina: Approval of Re- Young, which nominations were received by 9/25/2003, $2,000.00, Bush–Cheney 04; visions to the Control of Visible Emissions the Senate and appeared in the Congres- 10/13/2003, $500,000.00, California Republican Rule’’ (FRL7988–2) received on October 31, sional Record on September 15, 2005. Party; 2005; to the Committee on Environment and Coast Guard nomination of Louvenia A. 12/11/2003, ¥$1,000.00, Republican National Public Works. McMillan to be Lieutenant. Committee; EC–4505. A communication from the Prin- National Oceanic and Atmospheric Admin- 2/10/2004, $2,000.00, Friends of Jane Harman; cipal Deputy Associate Administrator, Office istration nominations beginning with John 2/17/2004, $22,250.00, Republican National of Policy, Economics, and Innovation, Envi- W. Humphrey, Jr. and ending with Mark H. Committee; ronmental Protection Agency, transmitting, Pickett, which nominations were received by 8/4/2004, $1,000,000.00, Progress for American pursuant to law, the report of a rule entitled the Senate and appeared in the Congres- Voter Fund; ‘‘Revisions to the California State Imple- sional Record on July 29, 2005. 8/18/2004, $4,000,000.00, Progress for Amer- mentation Plan, Ventura County Air Pollu- National Oceanic and Atmospheric Admin- ican Voter Fund; tion Control District’’ (FRL7986–8) received istration nominations beginning with Me- 8/18/2004, $1,000.00, FEDPAC Tribute to on October 31, 2005; to the Committee on En- lissa M. Ford and ending with Jamie S. Laura Bush; vironment and Public Works. Wasser, which nominations were received by 10/20/2004, $2,000.00, Bush Cheney 04 Compli- EC–4506. A communication from the Prin- the Senate and appeared in the Congres- ance; cipal Deputy Associate Administrator, Office sional Record on September 28, 2005. 10/20/2004, $4,500.00, 2004 Joint Candidate of Policy, Economics, and Innovation, Envi- By Mr. LUGAR for the Committee on For- Committee II; ronmental Protection Agency, transmitting, eign Relations. 10/20/2004, $10,000.00, Joint Candidate Com- pursuant to law, the report of a rule entitled Donald A. Gambatesa, of Virginia, to be In- mittee II; ‘‘Standards and Practices for All Appro- spector General, United States Agency for 10/20/2004, $15,000.00, Joint Candidate Com- priate Inquiries’’ (FRL7989–7) received on Oc- International Development. mittee II; tober 31, 2005; to the Committee on Environ- *Jeffrey Thomas Bergner, of Virginia, to be 3/4/2005, ¥$1,000.00, California Republican ment and Public Works. an Assistant Secretary of State (Legislative Party; Affairs). f 6/17/2005, ¥$10,000.00, California Republican James Caldwell Cason, of Florida, to be Party; Ambassador to the Republic of Paraguay. REPORTS OF COMMITTEES 5/8/2001, $1,000.00, Berman for Congress; Nominee: James Caldwell Cason. The following reports of committees Post: U.S. Ambassador to Paraguay. 5/8/2001, $1,000.00, Berman for Congress; were submitted: The following is a list of all members of 6/15/2001, $1,000.00, Tom Lantos for Con- By Mr. GRASSLEY, from the Committee my immediate family and their spouses. I gress; on Finance, without amendment: have asked each of these persons to inform 10/9/2001, $1,000.00, Friends of Jane Harman; S. 1953. A bill to amend the Internal Rev- me of the pertinent contributions made by 3/29/2002, $2,000.00, Colorado Senate 2002; enue Code of 1986 and the Employee Retire- them. To the best of my knowledge, the in- 4/2/2002, $1,000.00, Cardoza for Congress; ment Income Security Act of 1974 to protect formation contained in this report is com- 5/27/2002, $1,000.00, Feinstein for Senate; 5/29/2002, $2,500.00, LA PAC; the retirement security of American workers plete and accurate. by ensuring that pension benefits are funded Contributions, amount, date, and donnee: 6/7/2002, $5,000.00, PAC to the Future; and that pension assets are adequately diver- 1. Self: None 6/20/2002, $1,000.00, Committee to Elect sified and by providing workers with ade- 2. Spouse: Carmen Cason: None Artur Davis to Congress; quate access to, and information about, their 3. Children and Spouses: William T. Cason, 6/24/2002, $1,000.00, Cardoza for Congress; pension plans, and for other purposes (Rept. James C. and Michelle Cason: None 6/25/2002, $250,000.00, Democratic National No. 109–174). 4. Parents: Arthur Cason, Marion Cason Committee; 6/30/2002, $1,000.00, Katrina Swett for Con- f (deceased): None 5. Grandparents: None living last 20 years gress Committee; EXECUTIVE REPORTS OF 6. Brothers and Spouses: William and Chris 6/30/2002, $1,000.00, Katrina Swett for Con- COMMITTEES Cason: None gress Committee; 7. Sisters and Spouses: Linda & Tim 8/14/2002, $1,000.00, Denise Majette for Sen- The following executive reports of Godell: None; Nancy & Doug Eckert: None; ate; committees were submitted: Susan Cason: None. 8/14/2002, $1,000.00, Denise Majette for Sen- By Mr. STEVENS for the Committee on *Roland Arnall, of California, to be Ambas- ate; Commerce, Science, and Transportation. sador to the Kingdom of the Netherlands. 8/26/2002, $1,000.00, Ed Royce for Congress;

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.087 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12237 3/21/2003, $10,000.00, DCCC; Arkansas Leadership Committee 2004 Wohlgemuth for Congress, $450.00, 10/18/ 4/25/2003, $2,000.00, Tom Lantos for Con- FCRC, $1,071.00, 11/4/2004, Arkansas Leader- 2004, Mrs. Arlene Wohlgemuth; gress; ship Committee 2004 FCRC; Arkansas Leadership Committee 2004 4/25/2003, $2,000.00, Tom Lantos for Con- Richard Burr Committee, $1,500.00, 10/23/ FCRC, $1,071.00, 11/4/2004, Arkansas Leader- gress; 2004, Richard Burr; ship Committee 2004 FCRC; 4/30/2003, $1,000.00, Friends of Harry Reid; Missouri Republican State Committee- Richard Burr Committee, $1,500.00, 10/23/ 9/25/2003, $2,000.00, Bush–Cheney 04; Federal, $1,965.00, 11/4/2004, Missouri Repub- 2004, Richard Burr; 10/13/2003, $500,000.00, California Republican lican State Committee-Federal; Missouri Republican State Committee- Party; Nevada Republican State Central Com- Federal, $1,965.00, 11/4/2004, Missouri Repub- 2/2/2004, $2,000.00, Jim Costa for Congress; mittee, $894.00, 11/5/2004, Nevada Republican lican State Committee-Federal; 2/10/2004, $2,000.00, Friends of Jane Harman; State Central Committee; Nevada Republican State Central Com- 3/2/2004, $2,000.00, Committee to Reelect Lo- Porter for Congress, $450.00, 11/2/2004, Jon C mittee, $894.00, 11/5/2004, Nevada Republican retta Sanchez; Porter, Sr; State Central Committee; 4/23/2004, $1,000.00, The Sherman for Con- Friends of Dave Reichert, $450.00, 10/20/2004, Porter for Congress, $450.00, 11/2/2004, Jon C gress Committee; Dave Reichert; Porter, Sr; 6/4/2004, $2,000.00, Friends of Katherine Har- Republican Party of Florida, $4,821.00, 10/20/ Friends of Dave Reichert, $450.00, 10/20/2004, ris; 2004, Republican Party of Florida; Dave Reichert; 6/4/2004, $2,000.00, Friends of Katherine Har- John Swallow for Congress Inc., $450.00, 10/ Republican Party of Florida, $4,821.00, 10/20/ ris; 20/2004, John Swallow; 2004, Republican Party of Florida; 6/4/2004, $10,000.00, DCCC; Tauzin for Congress, $450.00, 10/20/2004, John Swallow for Congress Inc., $450.00, 10/ 10/20/2004, $2,000.00, Bush–Cheney 04 Compli- Wilbert J Tauzin III; 20/2004, John Swallow; ance; Walcher for Congress, $450.00, 10/20/2004, Tauzin for Congress, $450.00, 10/20/2004, 10/20/2004, $2,500.00, 2004 Joint State Victory Greg Walcher; Wilbert J. Tauzin III; Committee; Walcher for Congress, $1,000.00, 11/10/2004, Walcher for Congress, $450.00, 10/20/2004, 10/20/2004, $9,500.00, 2004 Joint Candidate Greg Walcher; Greg Walcher; Committee II; Washington State Republican Party, Walcher for Congress, $1,000.00, 11/10/2004, 10/20/2004, $10,000.00, 2004 Joint Candidate $981.00, 10/19/2004, Washington State Repub- Greg Walcher; Committee II; lican Party; Washington State Republican Party, 10/22/2004, $10,000.00, RNC—Presidential Geoff Davis for Congress, $450.00, 11/2/2004, $981.00, 10/19/2004, Washington State Repub- Trust; Geoffrey C Davis; lican Party; 10/22/2004, $15,000.00, RNC—Presidential Diedrich for Congress, $450.00, 11/22/2004, Geoff Davis for Congress, $450.00, 11/2/2004, Trust; Larry William Diedrich; Geoffrey C. Davis; 11/5/2004, $312.00, Republican Federal Com- Nancy Naples for Congress, $450.00, 10/15/ Diedrich for Congress, $450.00, 11/22/2004, mittee of Pennsylvania; 2004, Nancy A Naples; Larry William Diedrich; 3/4/2005, ¥$1,000, California Republican Ohio State Central & Executive Com- Nancy Naples for Congress, $450.00, 10/15/ Party, refund; mittee, $3,570.00, 10/25/2004, Ohio State Cen- 2004, Nancy A. Naples; 6/17/2005, ¥$10,000.00, California Republican tral & Executive Committee; Ohio State Central & Executive Com- Ashburn Congress Committee, $450.00, 10/29/ Party, refund. mittee, $3,570.00, 10/25/2004, Ohio State Cen- 2004, Roy Ashburn; 3. Children and Spouses: Daniel M. Arnall tral & Executive Committee; Republican Party of Minnesota, $1,518.00, (Spouse: Judith Arnall), Michelle A. Arnall: Ashburn Congress Committee, $450.00, 10/29/ $0 11/22/2004, Republican Party of Minnesota; Republic Party of Wisconsin, $1,785.00, 10/ 2004, Roy Ashburn; 4. Parents: (Deceased)—$0 Republican Party of Minnesota, $1,518.00, 19/2004, Republican party of Wisconsin; 5. Grandparents: (Deceased)—$0 11/22/2004, Republican Party of Minnesota; 6. Brothers and Spouses: Claude E. Arnall WV Republican State Exec Committee, $894.00, 10/22/2004, Republican State Exec Republican Party of Wisconsin, $1,785.00, (Spouse: Etty Arnall): See attached 10/19/2004, Republican Party of Wisconsin; Contributions, amount, Date, donee: Committee; Bernard Parks for City Council, $500.00, 8/ WV Republican State Exec Committee, Jim Gerlach for Congress Committee, $894.00, 10/22/2004, Republican State Exec $450.00, 11/1/2004, Jim Gerlach; 23/2002, Bernard Parks; Bernard Parks for City Council, $500.00, 8/ Committee; Republican Federal Committee of Pennsyl- 23/2002, Bernard Parks; John Thune for U.S. Senate, $1,500.00, 10/13/ vania, $3,750.00, 11/5/2004, Republican Federal Jim Gerlach for Congress Committee, 2004, John Thune; Committee of Pennsylvania; $450.00, 11/1/2004, Jim Gerlach; David Vitter for U.S. Senate, $1,500.00, 10/ Louie Gohmert for Congress Committee, Republican Federal Committee of Pennsyl- 20/2004, David Vitter. $450.00, 10/20/2004, Louis B Gohmert, Jr.; vania, $3,750.00, 11/5/2004, Republican Federal $243,076.00 Walcher for Congress, $1,000.00, 12/31/2004, Committee of Pennsylvania; 7. Sisters and Spouses: N/A. Greg Walacher; Louie Gohmert for Congress Committee, *Nomination was reported with rec- Walcher for Congress, $1,000.00, 12/31/2004, $450.00, 10/20/2004, Louis B Gohmert, Jr.; Greg Walcher; ommendation that it be confirmed sub- Walcher for Congress, $1,000.00, 12/31/2004, ject to the nominee’s commitment to Tom Lantos for Congress Committee, Greg Walcher; $2,000.00, 4/25/2003, Tom Lantos; Walcher for Congress, $1,000.00, 12/31/2004, respond to requests to appear and tes- Tom Lantos for Congress Committee, Greg Walcher; tify before any duly constituted com- $2,000.00, 4/25/2003, Tom Lantos; Tom Lantos for Congress Committee, mittee of the Senate. Gephardt for President Inc., $2,000.00, 9/30/ $2,000.00, 4/25/2003, Tom Lantos; (Nominations without an asterisk 2003, Richard A Gephardt; Tom Lantos for Congress Committee, were reported with the recommenda- Terrell for Senate, $1,000.00, 11/27/2004, Su- $2,000.00, 4/25/2003, Tom Lantos; tion that they be confirmed.) zanne Haik Terrell; Gephardt for President Inc., $2,000.00, 9/30/ Terrell for Senate, $1,000.00, 11/21/2002, Su- 2003, Richard A Gephardt; f zanne Haik Terrell; Terrell for Senate, $1,000.00, 11/27/2002, Su- INTRODUCTION OF BILLS AND Bush-Cheney ’04 (Primary) Inc., $2,000.00, 8/ zanne Haik Terrell; 7/2003, George W Bush; Terrell for Senate, $1,000.00, 11/21/2002, Su- JOINT RESOLUTIONS New Hampshire Republican State Com- zanne Haik Terrell; The following bills and joint resolu- mittee, $714.00, 10/27/2004, New Hampshire Re- Bush-Cheney ’04 (Primary) Inc., $2,000.00, 8/ tions were introduced, read the first publican State Committee; 7/2003, George W Bush; and second times by unanimous con- Bush-Cheney ’04 Compliance Committee New Hampshire Republican State Com- sent, and referred as indicated: Inc., $2,000.00, 10/20/2004, George W Bush; mittee, $714.00, 10/27/2004, New Hampshire Re- Republican National Committee, $25,000.00, publican State Committee; By Mr. KENNEDY (for himself and Mr. 2/25/2004, Republican National Committee; Bush-Cheney ’04 Compliance Committee DEWINE): 2004 Joint Candidate Committee II, Inc., $2,000.00, 10/20/2004, George W Bush; S. 1951. A bill to amend the Public Health $20,000.00, 10/20/2004, 2004 Joint Candidate Republican National Committee, Service Act to help individuals with func- Committee II; $25,000.000, 2/25/2004, Republican National tional impairments and their families pay 2004 Joint State Victory Committee, Committee; for services and supports that they need to $30,000.00, 10/20/2004, 2004 Joint State Victory 2004 Joint Candidate Committee II, maximize their functionality and independ- Committee; $20,000.00, 10/20/2004, 2004 Joint Candidate ence and have choices about community par- Fitzpatrick for Congress, $450.00, 10/24/2004, Committee II; ticipation, education, and employment, and Michael G Fitzpatrick; 2004 Joint State Victory Committee, for other purposes; to the Committee on Fi- Jeff Fortenberry for United States Con- $30,000.00, 10/20/2004, 2004 Joint State Victory nance. gress, $450.00, 10/15/2004, Jeffrey Lane Committee; By Mr. COLEMAN (for himself, Mr. Fortenberry; Jeff Fortenberry for United States Con- BAYH, Mr. CORNYN, and Mr. LUGAR): Wohlgemuth for Congress, $450.00, 10/18/ gress, $450.00, 10/15/2004, Jeffrey Lane S. 1952. A bill to provide grants for rural 2004, Mrs. Arlene Wohlgemuth; Fortenbery; health information technology development

VerDate Aug 31 2005 07:01 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.128 S02NOPT1 S12238 CONGRESSIONAL RECORD — SENATE November 2, 2005 activities; to the Committee on Health, Edu- vania (Mr. SANTORUM) was added as a S. 1190 cation, Labor, and Pensions. cosponsor of S. 406, a bill to amend At the request of Mr. SALAZAR, the By Mr. GRASSLEY: title I of the Employee Retirement Se- name of the Senator from Illinois (Mr. S. 1953. A bill to amend the Internal Rev- curity Act of 1974 to improve access DURBIN) was added as a cosponsor of S. enue Code of 1986 and the Employee Retire- 1190, a bill to provide sufficient blind ment Income Security Act of 1974 to protect and choice for entrepreneurs with the retirement security of American workers small businesses with respect to med- rehabilitation outpatient specialists at by ensuring that pension benefits are funded ical care for their employees. medical centers of the Department of and that pension assets are adequately diver- S. 632 Veterans Affairs. sified and by providing workers with ade- S. 1191 At the request of Mr. SANTORUM, his quate access to, and information about, their name was added as a cosponsor of S. At the request of Mr. SALAZAR, the pension plans, and for other purposes; from name of the Senator from Louisiana the Committee on Finance; placed on the 632, a bill to authorize the extension of unconditional and permanent non- (Mr. VITTER) was added as a cosponsor calendar. of S. 1191, a bill to establish a grant By Mr. CRAIG (for himself and Mr. discriminatory treatment (permanent program to provide innovative trans- AKAKA): normal trade relations treatment) to S. 1954. A bill to amend the General Notes the products of Ukraine, and for other portation options to veterans in remote rural areas. of the Harmonized Tariff Schedule of the purposes. United States to give products imported S. 1272 S. 633 from United States insular possessions the At the request of Mr. NELSON of Ne- same treatment as products imported from At the request of Mr. JOHNSON, the braska, the names of the Senator from countries with which the United States has name of the Senator from Indiana (Mr. New York (Mr. SCHUMER) and the Sen- entered into a free trade agreement; to the BAYH) was added as a cosponsor of S. ator from Montana (Mr. BAUCUS) were Committee on Finance. 633, a bill to require the Secretary of added as cosponsors of S. 1272, a bill to By Mr. ENZI (for himself, Mr. NELSON the Treasury to mint coins in com- of Nebraska, and Mr. BURNS): amend title 46, United States Code, and S. 1955. A bill to amend title I of the Em- memoration of veterans who became title II of the Social Security Act to ployee Retirement Security Act of 1974 and disabled for life while serving in the provide benefits to certain individuals the Public Health Service Act to expand Armed Forces of the United States. who served in the United States mer- health care access and reduce costs through S. 855 chant marine (including the Army the creation of small business health plans At the request of Ms. COLLINS, the Transport Service and the Naval and through modernization of the health in- name of the Senator from Minnesota Transport Service) during World War surance marketplace; to the Committee on Health, Education, Labor, and Pensions. (Mr. COLEMAN) was added as a cospon- II. sor of S. 855, a bill to improve the secu- S. 1315 f rity of the Nation’s ports by providing At the request of Mr. LUGAR, the SUBMISSION OF CONCURRENT AND Federal grants to support Area Mari- names of the Senator from Illinois (Mr. SENATE RESOLUTIONS time Transportation Security Plans OBAMA) and the Senator from Rhode Is- The following concurrent resolutions and to address vulnerabilities in port land (Mr. CHAFEE) were added as co- and Senate resolutions were read, and areas identified in approved vulner- sponsors of S. 1315, a bill to require a referred (or acted upon), as indicated: ability assessments or by the Secretary report on progress toward the Millen- By Mr. SCHUMER (for himself, Mr. of Homeland Security. nium Development Goals, and for other LAUTENBERG, Mr. DURBIN, Mrs. CLIN- S. 908 purposes. TON, Mr. CORZINE, Mr. SALAZAR, Mr. At the request of Mr. MCCONNELL, S. 1417 KENNEDY, Mr. LIEBERMAN, Mrs. FEIN- the name of the Senator from South At the request of Mr. CRAIG, the STEIN, Mr. DODD, Mr. KERRY, Mr. Dakota (Mr. JOHNSON) was added as a names of the Senator from Missouri OBAMA, Mrs. BOXER, Mr. FEINGOLD, cosponsor of S. 908, a bill to allow Con- (Mr. TALENT) and the Senator from Mr. KOHL, and Ms. STABENOW): Missouri (Mr. BOND) were added as co- S. Res. 294. A resolution expressing the gress, State legislatures, and regu- sense of the Senate on the retention of the latory agencies to determine appro- sponsors of S. 1417, a bill to impose tar- Federal tax deduction for State and local priate laws, rules, and regulations to iff-rate quotas on certain casein and taxes paid; to the Committee on Finance. address the problems of weight gain, milk protein concentrates. By Mr. LUGAR (for himself, Mr. FRIST, obesity, and health conditions associ- S. 1440 and Mr. MCCAIN): ated with weight gain or obesity. At the request of Mr. CRAPO, the S. Res. 295. A resolution expressing the name of the Senator from Maryland sense of the Senate on the arrest of Sanjar S. 912 (Ms. MIKULSKI) was added as a cospon- Umarov in Uzbekistan; considered and At the request of Mr. FEINGOLD, the sor of S. 1440, a bill to amend title agreed to. name of the Senator from Rhode Island XVIII of the Social Security Act to By Mrs. HUTCHISON (for herself and (Mr. REED) was added as a cosponsor of provide coverage for cardiac rehabilita- Mr. CORNYN): S. 912, a bill to amend the Federal tion and pulmonary rehabilitation S. Res. 296. A resolution honoring the life Water Pollution Control Act to clarify of and expressing the condolences of the Sen- services. the jurisdiction of the United States ate on the passing of Dr. Richard Errett S. 1512 over waters of the United States. Smalley; considered and agreed to. At the request of Mr. SARBANES, the By Mr. FEINGOLD (for himself and Mr. S. 994 name of the Senator from Hawaii (Mr. KOHL): At the request of Mrs. FEINSTEIN, the INOUYE) was added as a cosponsor of S. S. Res. 297. A resolution marking the dedi- name of the Senator from Ohio (Mr. cation of the Gaylord Nelson Wilderness 1512, a bill to grant a Federal charter within the Apostle Islands National Lake- DEWINE) was added as a cosponsor of S. to Korean War Veterans Association, shore; considered and agreed to. 994, a bill to authorize the Attorney Incorporated. General to make grants to improve the f S. 1791 ability of State and local governments At the request of Mr. SMITH, the ADDITIONAL COSPONSORS to prevent the abduction of children by names of the Senator from Texas (Mrs. S. 368 family members, and for other pur- HUTCHISON) and the Senator from Min- At the request of Mr. LAUTENBERG, poses. nesota (Mr. COLEMAN) were added as co- the name of the Senator from Min- S. 1184 sponsors of S. 1791, a bill to amend the nesota (Mr. DAYTON) was added as a co- At the request of Mr. BIDEN, the Internal Revenue Code of 1986 to allow sponsor of S. 368, a bill to provide as- name of the Senator from Virginia (Mr. a deduction for qualified timber gains. sistance to reduce teen pregnancy, ALLEN) was added as a cosponsor of S. S. 1815 HIV/AIDS, and other sexually trans- 1184, a bill to waive the passport fees At the request of Mr. ALEXANDER, the mitted diseases and to support healthy for a relative of a deceased member of name of the Senator from Mississippi adolescent development. the Armed Forces proceeding abroad to (Mr. COCHRAN) was added as a cospon- S. 406 visit the grave of such member or to sor of S. 1815, a bill to amend the Immi- At the request of Ms. SNOWE, the attend a funeral or memorial service gration and Nationality Act to pre- name of the Senator from Pennsyl- for such member. scribe the binding oath or affirmation

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.089 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12239 of renunciation and allegiance required AMENDMENT NO. 2355 ability to carry out basic daily activi- to be naturalized as a citizen of the At the request of Mr. INHOFE, the ties. United States, to encourage and sup- names of the Senator from South Caro- They themselves will decide how this port the efforts of prospective citizens lina (Mr. DEMINT), the Senator from assistance will be spent—on transpor- of the United States to become citi- Georgia (Mr. ISAKSON), the Senator tation so they can stay employed, or zens, and for other purposes. from Arizona (Mr. KYL) and the Sen- on a ramp to make their home more S. 1922 ator from Oklahoma (Mr. COBURN) were accessible, or to cover the cost of a per- At the request of Mr. CONRAD, the added as cosponsors of amendment No. sonal care attendant or a family care- name of the Senator from Oklahoma 2355 proposed to S. 1932, an original bill giver. It will help keep families together— (Mr. COBURN) was added as a cosponsor to provide for reconciliation pursuant of S. 1922, a bill to authorize appro- to section 202(a) of the concurrent reso- instead of being torn apart by obstacles that discourage them from staying at priate action if negotiations with lution on the budget for fiscal year 2006 (H. Con. Res. 95). home. Japan to allow the resumption of The bill will strengthen job opportu- United States beef exports are not suc- AMENDMENT NO. 2357 nities for people with disabilities at a cessful, and for other purposes. At the request of Mr. NELSON of Flor- time when 70 percent are unemployed. S. 1925 ida, the names of the Senator from They have so much to contribute and At the request of Mr. KENNEDY, the New York (Mrs. CLINTON), the Senator the bill will help them do it. name of the Senator from Connecticut from Minnesota (Mr. DAYTON), the Sen- It will save on the mushrooming (Mr. LIEBERMAN) was added as a co- ator from Maryland (Ms. MIKULSKI) and health care costs for Medicaid, the Na- sponsor of S. 1925, a bill to provide for the Senator from Wisconsin (Mr. KOHL) tion’s primary insurer of long-term workers and businesses during the re- were added as cosponsors of amend- care services, which also forces bene- sponse to Hurricane Katrina and Hurri- ment No. 2357 proposed to S. 1932, an ficiaries to give up their jobs and live cane Rita, and for other purposes. original bill to provide for reconcili- in poverty before they become eligible S. 1947 ation pursuant to section 202(a) of the for assistance. At the request of Mr. SUNUNU, the concurrent resolution on the budget for The CLASS Act is a hopeful new ap- names of the Senator from Georgia fiscal year 2006 (H. Con. Res. 95). proach to restoring independence and (Mr. CHAMBLISS) and the Senator from f choice for millions of these persons and E INE enabling them to take greater control Ohio (Mr. D W ) were added as co- STATEMENTS ON INTRODUCED of their lives. sponsors of S. 1947, a bill to amend BILLS AND JOINT RESOLUTIONS chapter 21 of title 38, United States It’s time to respect the rights and Code, to enhance adaptive housing as- By Mr. KENNEDY (for himself dignity of all Americans, and I look sistance for disabled veterans. and Mr. DEWINE): forward to working with Senator S. RES. 219 S. 1951. A bill to amend the Public DEWINE and other colleagues to see Health Service Act to help individuals At the request of Mrs. FEINSTEIN, the this bill enacted into law. name of the Senator from Arkansas with functional impairments and their I ask unanimous consent that a sum- families pay for services and supports (Mr. PRYOR) was added as a cosponsor mary of the CLASS Act legislation be of S. Res. 219, a resolution designating that they need to maximize their printed in the RECORD. There being no objection, the sum- March 8, 2006, as ‘‘Endangered Species functionality and independence and mary was ordered to be printed in the Day’’, and encouraging the people of have choices about community partici- RECORD, as follows: the United States to become educated pation, education, and employment, about, and aware of, threats to species, and for other purposes; to the Com- SUMMARY OF THE DEWINE-KENNEDY CLASS ACT OF 2005—(COMMUNITY LIVING ASSIST- success stories in species recovery, and mittee on Finance. Mr. KENNEDY. Mr. President, it’s a ANCE SERVICES AND SUPPORTS ACT) the opportunity to promote species PURPOSE OF THE BILL conservation worldwide. privilege to join Senator DEWINE in introducing this bipartisan legislation to To help adults with severe functional im- AMENDMENT NO. 2351 build on the promise and possibilities pairments obtain the services and supports At the request of Mr. CONRAD, the of the Americans with Disabilities Act. they need to stay functional and independent, while providing them with choices names of the Senator from Maryland Our bill, the Community Living As- (Ms. MIKULSKI), the Senator from New about community participation, education sistance Services and Supports Act— and employment. York (Mrs. CLINTON) and the Senator the CLASS Act—will help large num- from Delaware (Mr. BIDEN) were added BACKGROUND bers of Americans who struggle every- Currently there are 10 million Americans as cosponsors of amendment No. 2351 day to live productive lives in their proposed to S. 1932, an original bill to in need of long term services and supports, communities. and the number is expected to increase to provide for reconciliation pursuant to Too many Americans are perfectly near 15 million by 2020. section 202(a) of the concurrent resolu- capable of living a life in the commu- Most private-sector disability or long-term tion on the budget for fiscal year 2006 nity, but are denied the supports they care insurance plans are constrained in the insurance protection they can offer at an af- (H. Con. Res. 95). need. AMENDMENT NO. 2353 fordable price, and neither Supplemental Se- They languish in needless cir- curity Insurance (SSI) nor Old, Age, Sur- At the request of Mrs. MURRAY, the cumstances with no choice about how vivors, and Disability Insurance (OASDI) names of the Senator from Illinois (Mr. or where to obtain these services. programs have any benefit differentials re- DURBIN) and the Senator from New Too often, they have to give up the lated to the extent and character of the dis- York (Mrs. CLINTON) were added as co- American Dream the dignity of a job, a ability. sponsors of amendment No. 2353 in- home, and a family—so they can qual- Thus, most Americans who have or develop tended to be proposed to S. 1932, an ify for Medicaid, the only program that severe functional impairments can only ac- original bill to provide for reconcili- cess coverage for the services critical to will support them. their independence (such as housing modi- ation pursuant to section 202(a) of the The bill we propose is a long overdue fications, assistive technologies, transpor- concurrent resolution on the budget for effort to offer greater dignity, greater tation, and personal assistance services), fiscal year 2006 (H. Con. Res. 95). hope, and greater opportunity. through Medicaid. Their reliance on Med- AMENDMENT NO. 2354 It makes a simple pact with all icaid for critical support services creates a At the request of Mr. NELSON of Flor- Americans—‘‘If you work hard and con- strong incentive for them to ‘‘spend down’’ ida, the name of the Senator from Min- tribute, society will take care of you assets and remain poor and unemployed. With Medicaid paying 50 percent of the costs nesota (Mr. DAYTON) was added as a co- when you fall on hard times.’’ of long term services, increased expenditures sponsor of amendment No. 2354 in- The concept is clear—everyone can on long term services are expected to add $44 tended to be proposed to S. 1932, an contribute and everyone can win. We billion annually to the cost of Medicaid over original bill to provide for reconcili- all benefit when no one is left behind. the next decade. ation pursuant to section 202(a) of the For only $30 a month, a person who OVERVIEW OF THE LEGISLATION concurrent resolution on the budget for pays into the program will receive ei- The CLASS Act will offer an alternative fiscal year 2006 (H. Con. Res. 95). ther $50 or $100 a day, based on their path. It will create a new national insurance

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.092 S02NOPT1 S12240 CONGRESSIONAL RECORD — SENATE November 2, 2005 program to help adults who have or develop monthly amount may roll it over from pre-existing condition. Others will age functional impairments to remain inde- month to month, but not year to year. and develop other physical or cognitive pendent, employed, and stay a part of their However, once an individual becomes ineli- impairments, such as Alzheimer’s dis- community. gible for CLASS benefits (by improvement in ease. Financed through voluntary payroll deduc- functional status or death), CLASS Act ben- tions of $30.00 per month, without enroll- efits will cease. Any residual balance of Although we know that age is inevi- ment like Medicare Part B, this legislation available services remaining on the individ- table, we are not properly preparing for will help remove barriers to independence ual’s account will not be payable. If an eligi- this eventuality or the possibility of and choice, e.g., housing modification, as- ble individual does choose to move into an sudden accidents and many people are sistive technologies, personal assistance institutional facility, CLASS Act benefits financially unable to purchase avail- services, transportation, that can be over- will be used to defray those associated ex- able insurance due to the high price. whelmingly costly, by providing a cash ben- penses. However, the fact remains that mil- efit to those individuals who are unable to Relationship of CLASS Act Insurance Program lions of Americans will need the serv- perform 2 or more functional activities of to Social Security Disability Insurance daily living. ices that the CLASS Act seeks to pro- Eligibility for CLASS Act benefits will be vide. The large risk pool to be created by this independent of whether or not an individual program approach will make added coverage The CLASS Act will help Americans is eligible for SSDI, so participation in the to remain independent in their commu- much more affordable than it is currently, CLASS Act insurance program will not im- thereby reducing the incentives for people pair an individual’s ability to remain quali- nities by creating a new long-term care with severe impairments to ‘‘spend down’’ to fied for SSDI. insurance program. This program will Medicaid. It will give individuals added Relationship of CLASS Act Insurance Program be available to all working Americans choice and access to supports without requir- above the age of 18. For only $30 per in- ing them to become impoverished to qualify. to Social Security Retirement Benefits The CLASS Act is an important step in the Similarly, eligibility for CLASS Act bene- dividual each month, and a minimum evolution of public policy toward a new focus fits will be independent of retirement bene- of 20 quarters of payments, the CLASS on helping individuals overcome barriers to fits eligibility. Act will help those who do not have independence that they may confront due to Relationship to Medicaid adequate long-term care insurance due severe functional impairments. It is an im- If an individual is eligible for CLASS Act to cost or current disability. This bill portant extension of concepts embodied in benefits, and are also eligible for the long will allow people to choose the sup- the Individuals with Disabilities Education term care benefit under Medicaid, CLASS ports they need when and if they be- Act (IDEA), the Americans with Disabilities Act benefits can be used to offset the costs come severely impaired. It will help Act of 1990 (ADA), and Ticket to Work and to Medicaid, thus producing Medicaid sav- Work Incentives Improvement Act of 1999. them remain independent. It will help ings for the state. them remain in their communities. It SPECIFICS OF THE BILL Relationship to Private Long Term Care Insur- will help them remain with their fami- Scope ance lies. The CLASS Act will establish a national The ‘‘Class’’ program benefit does not re- This is a good bill. I thank Senator insurance program, financed by voluntary place the need for basic health insurance—it KENNEDY for his work on this bill, and premium payments to be collected through provides a mechanism to pay for those non- I encourage my colleagues to support payroll withholding and placed in a ‘‘Na- medical expenses that allow a disabled per- tional Independence Fund.’’ The Department son to remain independent, it. of Health and Human Services will manage The ‘‘Class’’ program benefit can be an ad- the Fund as a new insurance program, and dition to long term care insurance. It pro- By Mr. COLEMAN (for himself, may enter into contractual agreements with vides a consistent, basic cash benefit to Mr. BAYH, Mr. CORNYN, and Mr. those entities that states direct to assume glove with the insurance products that pro- LUGAR): administrative/program implementation vide more intense medical services over a S. 1952. A bill to provide grants for roles. shorter period of time. rural health information technology Enrollment in the Program Mr. DEWINE. Mr. President, I am development activities; to the Com- Any individual who is at least 18 years old pleased to join Senator KENNEDY today mittee on Health, Education, Labor, and actively working will be automatically in introducing the Community Living and Pensions. enrolled, unless they opt out, and pay their Assistance Services and Supports Act— Mr. COLEMAN. Mr. President, as premiums through payroll deduction or an- or the CLASS Act. United States Senators, we are well other alternative method. Any non-working Unfortunately, most Americans are aware of the rising cost of health care spouse may enroll in the program and pay not prepared for the costs of long-term and the difficulty of health care access their premiums through an alternative pay- services and supports when they arise. ment procedure. in rural areas. Through the improve- High premiums have discouraged many ment of health information tech- Triggering the Benefit Americans from purchasing long-term nology, we will see overall productivity To qualify for CLASS Act benefits, individ- care insurance in the private market. and quality improvements to our uals must be at least 18 years old and have Furthermore, underwriting practices contributed to the program during at least 5 health care system. New technologies years. Eligibility for benefits will be deter- have excluded individuals with existing make the system more efficient and ef- mined by state disability determination cen- disabilities from purchasing plans. fective by diagnosing diseases sooner, ters and will be limited to: 1. individuals who Right now, 10 million people suffer providing preventive and ongoing man- are unable to perform two or more activities from severe functional impairments aged care. of daily living (ADL) e.g. eating, bathing, and by 2020 that number will have in- Today, I am proud to be joined by my dressing, or 2. individuals who have an equiv- creased to 15 million. Therefore, in the friends, Senators BAYH, CORNYN, and alent cognitive disability that requires su- next 15 years, we will experience a 50 LUGAR, in introducing the Critical Ac- pervision or hands-on assistance to perform percent growth in the number of per- those activities, e.g. traumatic brain injury, cess to Health Information Technology Alzheimer’s disease, multiple sclerosis, men- sons with severe functional impair- Act to help Critical Access Hospitals tal retardation. ments. Some of those people will be compete for health information tech- Benefits struck suddenly—through accidents or nology grants. sudden illness. And the reality is that Our legislation would give smaller To account for differences in independence support needs, there will be two cash benefit any one of us here today could face rural health hospitals a competitive tiers. sudden impairment and disability. We edge for health information technology Tier 1 benefits $50/day, will be payable to won’t see it coming until it happens, grants. A health system technology ineligible individuals who are unable to per- and most of us will not be prepared to frastructure should be encouraged and form 2 or more ADLs or have the equivalent provide for necessary, long-term care facilitated as broadly and rapidly as cognitive impairment. needs. possible to help reduce medical errors, Tier 2 benefits $100/day, will be payable to Some people may end up with a de- improve quality of care and reduce ris- individuals who are unable to perform 4 or generative disease, such as Parkinson’s ing health care costs. ore ADL’s or have the equivalent cognitive impairment. disease, which leads to increased im- A recent American Hospitals Asso- The monthly case benefit will be posted pairments. They may know now what ciation study shows that while 9 out of monthly to a debit account or a ‘‘Choice Ac- their needs will be, but are unable to 10 hospitals are using or considering count’’. Individuals who do not use the full purchase private insurance due to this using health information technology

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.094 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12241 for clinical uses, most cite cost as a SEC. 2. HEALTH INFORMATION TECHNOLOGY fication or the Rural-Urban Commuting Area major impediment to broader adoption, GRANT PROGRAM. codes, as determined by the Office of Rural (a) IN GENERAL.—The Secretary of Health especially for small or rural hospitals. Health Policy of the Health Resources and and Human Services (referred to in this sec- Services Administration, or is located in an The study suggests that the use of tion as the ‘‘Secretary’’) shall establish and health information technology in car- area designated by any law or regulation of implement a program to award grants to in- the State in which the hospital is located as ing for patients is evolving as hospitals crease access to health care in rural areas by a rural area (or is designated by such State adopt specific technologies based on improving health information technology, as a rural hospital or organization)) that including the reporting, monitoring, and their needs and priorities, size and fi- submits an application to the lead agency of evaluation required under this section. nancial resources. the State that— (b) STATE GRANTS.—The Secretary shall The Critical Access to Health Infor- award grants to States to be used to carry (A) includes a description of how the hos- mation Technology Act creates a grant out the State plan under subsection (e) pital intends to use the funds provided under program administered by the Secretary through the awarding of subgrants to local the grant; of Health and Human Services in con- entities within the State. Amounts awarded (B) includes such information as the State junction with State agencies for im- under such a grant may only be used in the lead agency may require to apply the selec- proving health information technology fiscal year in which the grant is awarded or tion criteria described in paragraph (1); (C) includes measurable objectives for the in our Nation’s rural areas. In addition, in the immediately subsequent fiscal year. (c) AMOUNT OF GRANT.—From amounts ap- use of the funds provided under the grant; this legislation supports the next gen- propriated under subsection (k) for each fis- (D) includes a description of the manner in eration of coding system, ICD–10, that cal year, the Secretary shall award a grant which the applicant will evaluate the effec- will modernize and expand Centers for to each State that complies with subsection tiveness of the activities carried out under Medicare and Medicaid Services’ capac- (e) in an amount that is based on the total the grant; ity to keep pace with changes in med- number of critical access hospitals in the (E) contains an agreement to maintain ical practice and technology. ICD–10 State (as certified by the Secretary under such records, make such reports, and cooper- was developed as an improvement to section 1817(e) of the Social Security Act) ate with such reviews or audits as the lead ICD–9 which has not been updated since bears to the total number of critical access agency and the Secretary may find necessary hospitals in all States that comply with sub- for purposes of oversight of program activi- 1980. The adoption of ICD–10 will allow section (e). ties and expenditures; for far more accurate, detailed and de- (d) LEAD AGENCY.—A State that receives a (F) contains a plan for sustaining the ac- scriptive coding, and will allow the sys- grant under this section shall designate a tivities after Federal support for the activi- tem to adapt as future changes are lead agency to— ties has ended; and warranted. The transition to ICD–10 is (1) administer, directly or through other (G) contains such other information and time-sensitive, as the number of avail- governmental or nongovernmental agencies, assurances as the Secretary may require. able ICD–9 codes is rapidly dwindling. the financial assistance received under the (3) USE OF AMOUNTS.— Earlier this Congress, I, along with grant; (A) IN GENERAL.—An entity shall use (2) develop, in consultation with appro- amounts received under a local grant under Senator PRYOR, introduced the bipar- priate representatives of units of general this section to— tisan ‘‘Rural Renaissance II Act.’’ This purpose local government and the hospital (i) offset the costs incurred by the entity is a bipartisan piece of legislation, association of the State, the State plan; and after December 31, 2005, that are related to based on earlier legislation introduced (3) coordinate the expenditure of funds and clinical health care information systems and last year, which would establish a pri- provision of services under the grant with health information technology designed to vate-public partnership to provide other Federal and State health care pro- improve quality of health care and patient bonds that will finance grants that will grams. safety; and (e) STATE PLAN.—To be eligible for a grant fund key rural development projects to (ii) offset costs incurred by the entity after under this section, a State shall establish a December 31, 2005, that are related to ena- address critical rural infrastructure State plan that shall— problems. I am pleased that Chairman bling health information technology to be (1) identify the State’s lead agency; used for the collection and use of clinically GRASSLEY has agreed to include our (2) provide that the State shall use the specific data, promoting the interoperability Rural Renaissance Act II in his tax rec- amounts provided to the State under the of health care information across health care grant program to address health information onciliation package later this year. settings, including reporting to Federal and technology improvements and to pay admin- These bonds will be made available State agencies, and facilitating clinic deci- istrative costs incurred in connection with to small rural communities of 50,000 or sion support through the use of health infor- providing the assistance to local grant re- mation technology. fewer for: water and waste facilities, cipients; (B) ELIGIBLE COSTS.—Costs that are eligible affordable housing, community facili- (3) provide that benefits shall be available to be offset under subparagraph (A) shall in- ties, including hospitals, fire and police throughout the entire State; and clude the cost of— stations, and nursing and assisted liv- (4) require that the lead agency consult (i) purchasing, leasing, and installing coming facilities, farmer-owned value- with the hospital association of such State puter software and hardware, including and rural hospitals located in such State on added agriculture or renewable energy handheld computer technologies, and related the most appropriate ways to use the funds projects, including ethanol, biodiesel services; and wind, distance learning and tele- received under the grant. (f) AWARDING OF LOCAL GRANTS.— (ii) making improvements to existing com- medicine and high speed internet ac- (1) IN GENERAL.—The lead agency of a State puter software and hardware; cess and rural teleworks projects. shall use amounts received under a grant (iii) purchasing or leasing communications I urge my fellow colleagues to join under subsection (a) to award local grants on capabilities necessary for clinical data ac- me in ensuring Critical Access Hos- a competitive basis. In determining whether cess, storage, and exchange; pitals have the opportunity to keep a local entity is eligible to receive a grant (iv) services associated with acquiring, im- pace with health information tech- under this subsection, the lead agency shall plementing, operating, or optimizing the use utilize the following selection criteria: of new or existing computer software and nology by supporting the Critical Ac- hardware and clinical health care informa- cess to Health Information Technology (A) The extent to which the entity demonstrates a need to improve its health infor- tion systems; Act. mation reporting and health information (v) providing education and training to I ask unanimous consent that the technology. staff on information systems and technology text of the bill be printed in the (B) The extent to which the entity will designed to improve patient safety and qual- RECORD. serve a community with a significant low-in- ity of care; and There being no objection, the bill was come or other medically underserved popu- (vi) purchasing, leasing, subscribing, inte- ordered to be printed in the RECORD, as lation. grating, or servicing clinical decision sup- follows: (2) APPLICATION AND APPROVAL.—To be eli- port tools that integrate patient-specific gible to receive a local grant under this sub- clinic data with well-established national S. 1952 section, an entity shall be a government- treatment guidelines, and provide ongoing Be it enacted by the Senate and House of Rep- owned or private nonprofit hospital (includ- continuous quality improvement functions resentatives of the United States of America in ing a non-Federal short-term general acute that allow providers to assess improvement Congress assembled, care facility that is a critical access hospital rates over time and against averages for SECTION 1. SHORT TITLE. located outside a Metropolitan Statistical similar providers. This Act may be cited as the ‘‘Critical Ac- Area, in a rural census tract of a Metropoli- (4) GRANT LIMIT.—The amount of a local cess to Health Information Technology Act tan Statistical Area as determined under the grant under this subsection shall not exceed of 2005’’. most recent version of the Goldsmith Modi- $250,000.

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.097 S02NOPT1 S12242 CONGRESSIONAL RECORD — SENATE November 2, 2005 (g) REPORTING, MONITORING, AND EVALUA- lations under the Health Insurance Port- 1974 and the Public Health Service Act TION.—The lead agency of a State that re- ability and Accountability Act of 1996. to expand health care access and receives a grant under this section shall annu- (2) AUTHORITY.—The Secretary of Health duce costs through the creation of ally report to the Secretary— and Human Services shall have the authority small business health plans and (1) the amounts received under the grant; to adopt, without notice and comment rule- (2) the amounts allocated to State grant making, standards for electronic health care through modernization of the health recipients under the grant; transactions under section 1173 of the Social insurance marketplace; to the Com- (3) the breakdown of types of expenditures Security Act (42 U.S.C. 1320d-2) that are rec- mittee on Health, Education, Labor, made by the local grant recipients with such ommended to the Secretary by the Accred- and Pensions. funds; and ited Standards Committee X12 of the Amer- Mr. ENZI. Mr. President, together (4) such other information required by the ican National Standards Institute in relation with Senator NELSON of Nebraska and Secretary to assist the Secretary in moni- to the replacement of ICD-9-CM with ICD-10- Senator BURNS, I am pleased today to toring the effectiveness of activities carried CM and ICD-10-PCS. Such modifications out under this grant. shall be published in the Federal Register. introduce ‘‘The Health Insurance Mar- (h) REVIEW OF COMPLIANCE WITH STATE (c) NOTICE OF INTENT.—Not later than 30 ketplace Modernization and Afford- PLAN.—The Secretary shall review and mon- days after the date of enactment of this Act, ability Act of 2005.’’ This is a bipar- itor State compliance with the requirements the Secretary of Health and Human Services tisan effort aimed at relieving the of this section and the State plan submitted shall issue and publish in the Federal Reg- worsening crisis of cost and coverage in under subsection (e). If the Secretary, after ister a Notice of Intent that— America’s health insurance system. reasonable notice to a State and opportunity (1) adoption of Accredited Standards Com- for a hearing, finds that there has been a mittee X12 HIPAA transactions version (v) As I speak today, we are nearing al- failure by the State to comply substantially 5010 shall occur not later than April 1, 2007, most five years of double-digit growth with any provision or requirement set forth and compliance with such rule shall apply to in health insurance premiums—in- in the State plan or the requirements of this transactions occurring on or after April 1, creases that have repeatedly exceeded section, the Secretary shall notify the lead 2009; more than five times the rate of infla- agency involved of such finding and that no (2) adoption of the National Council for tion. Since 2000, for example, group further payments to the State will be made Prescription Drug Programs Telecommuni- premiums for family coverage have with respect to the grant until the Secretary cations Standards version 5.1 with a new grown nearly 60 percent, compared to is satisfied that the State is in compliance or version will occur not later than April 1, that the noncompliance will be promptly 2007, and compliance with such rule shall an underlying inflation rate of 9.7 per- corrected. apply to transactions occurring on or after cent over the same period. (i) PREEMPTION OF CERTAIN LAWS.—The April 1, 2009; Those hardest hit are America’s provisions of this section shall preempt ap- (3) adoption of ICD-10-CM and ICD-10-PCS small businesses and those individuals plicable Federal and State procurement laws will occur not later than October 1, 2006, and outside of employer-provided insur- with respect to health information tech- compliance with such rules shall apply to ance. These are the ones with the least nology purchased under this section. transactions occurring on or after October 1, market leverage and the weakest abil- (j) RELATION TO OTHER PROGRAMS.— 2009; and ity to pool risk. Already, among the Amounts appropriated under this section (4) covered entities and health technology shall be in addition to appropriations for vendors under the Health Insurance Pota- very smallest of our businesses, those Federal programs for Rural Hospital FLEX bility and Accountability Act of 1996 shall with fewer than 10 employees, only 52 grants, Rural Health Outreach grants, and begin the process of planning for and imple- percent offer coverage to their employ- Small Rural Hospital Improvement Program menting the updating of the new versions ees. grants. and editions referred to in this subsection. As a former small business owner, I (k) AUTHORIZATION OF APPROPRIATIONS.— (d) ASSURANCES OF CODE AVAILABILITY.— understand the difficulties these em- There is authorized to be appropriated to The Secretary of Health and Human Services carry out this section, $10,000,000 for each of shall take such action as may be necessary ployers face when trying to provide fiscal years 2006 through 2008. to ensure that procedure codes are promptly health insurance for their employees. SEC. 3. REPLACEMENT OF THE INTERNATIONAL available for assignment and use under ICD- A constituent of mine, Mitchell STATISTICAL CLASSIFICATION OF 9-CM until such time as ICD-9-CM is replaced Blake of Jackson, WY recently told me DISEASES. as a code set standard under section 1173(c) his story, and it illustrates what is (a) IN GENERAL.—Not later than October 1, of the Social Security Act with ICD-10 PCS. happening to thousands of small busi- 2006, the Secretary of Health and Human (e) DEADLINE.—Notwithstanding section Services shall promulgate a final rule con- 1172(f) of the Social Security Act (42 U.S.C. nesses across America. Mr. Blake owns cerning the replacement of the International 1320d-1(f)), the Secretary of Health and a small architecture firm with eight Statistical Classification of Diseases, 9th re- Human Services shall adopt the modifica- employees. He believes, like so many vision, Clinical Modification (referred to in tions provided for in this section without a small business owners across America, this section as the ‘‘ICD-9-CM’’), under the recommendation of the National Committee that providing insurance for his em- regulation promulgated under section 1173(c) on Vital and Health Statistics unless such ployees not only promotes a healthy of the Social Security Act (42 U.S.C. 1320d- recommendation is made to the Secretary on workforce but is simply the right thing 2(c)), including for purposes of part A of title or before a date specified by the Secretary as XVIII, or part B where appropriate, of such consistent with the implementation of the to do. Act, with the use of each of the following: replacement of ICD-9-CM with ICD-10-CM In the nine years since his firm (1) The International Statistical Classifica- and ICD-10-PCS for transactions occurring opened, the deductibles for employees’ tion of Diseases and Related Health Prob- on or after October 1, 2009. health insurance quadrupled, co-pays lems, 10th revision, Clinical Modification (re- (f) LIMITATION ON JUDICIAL REVIEW.—The rose by more than 35 percent, and ferred to in this section as ‘‘ICD-10-CM’’. rule promulgated under subsection (a) shall monthly premiums grew by 20 percent. not be subject to judicial review. (2) The International Statistical Classifica- Since 2001, the company’s profits have tion of Diseases and Related Health Prob- (g) APPLICATION.—The rule promulgated lems, 10th revision, Clinical Modification under subsection (a) shall apply to trans- dropped by nearly one-third, due in Coding System (referred to in this section as actions occurring on or after October 1, 2009. large part to providing health insur- ‘‘ICD-10-PCS’’). (h) RULE OF CONSTRUCTION.—Nothing in ance coverage. (b) IMPLEMENTATION.— this section shall be construed as effecting I am realistic. The biggest drivers of (1) IN GENERAL.—The Secretary of Health the application of classification methodolo- health care costs are ones that defy gies or codes, such as the Current Procedural and Human Services shall ensure that the short-term solutions. These include ad- rule promulgated under subsection (a) is im- Terminology (CPT) as maintained and dis- plemented by not later than October 1, 2009. tributed by the American Medical Associa- vances in costly medical treatments, In carrying out the preceding sentence, the tion and the Healthcare Common Procedure Americans’ continuing appetite for Secretary shall ensure that such rule ensure Coding System (HCPCS) as maintained and such treatments, lack of transparency that Accredited Standards Committee X12 distributed by the Department of Health and in pricing, and an outdated third-party HIPAA transactions version (v) 4010 is up- Human Services, other than under the Inter- payment system that insulates con- graded to a newer version 5010, and that the national Statistical Classification of Disease sumers from seeing the true cost of and Related Health Problems. National Council for Prescription Drug Pro- care they receive. Addressing these grams Telecommunications Standards deep problems in a fundamental way version 5.1 is updated to a newer version (to By Mr. ENZI (for himself, Mr. be released by the named by the National NELSON of Nebraska, and Mr. will require years of effort and a great Council for Prescription Drug Programs BURNS): deal of political will. Telecommunications Standards) that super- S. 1955. A bill to amend title I of the And yet, like most members in this sedes, in part, existing legislation and regu- Employee Retirement Security Act of body, I am hearing an ever-growing

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.098 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12243 chorus of concern from my constitution; 4. making lower-cost health plan This legislation would also set in mo- ents about health insurance—and most options available; and 5. achieving tion a process to create greater harmo- especially from small businesses. meaningful reform without a big price nization in the current costly and com- America’s families and small busi- tag that could cloud prospects for pas- petition-inhibiting hodgepodge of vary- nesses don’t want us to wait for the sage. ing State health insurance regulation. perfect solution or the perfect moment. With regard to association-based However, even as it moves the sys- They need real help, and they need it health plans, this bill preserves most of tem to greater uniformity in the rules now. what is known as the ‘‘fully insured’’ applied, this approach would also care- Recognizing this increasing concern, component of the current AHP bill. fully retain the current structure of and as the new Chairman of the Sen- That is, like the current AHP bill, my State-based oversight and administra- ate’s Health, Education, Labor and legislation would allow associations to tion of insurance. Pensions Committee, I have made it a independently pool their members for This harmonization approach is pat- priority in recent months to seek the purposes of buying health coverage, terned in general terms after the proc- counsel of stakeholders, citizens, ex- thereby giving them needed strength in ess used in the early 1990s to achieve perts, and fellow members of Congress numbers and bargaining power. greater stability in the Medicare sup- on how we might come together on a Unlike the current AHP bill, how- plemental, Medigap, market. package of health insurance reforms we ever, this legislation does not include The bill would establish a harmoni- can realistically hope to enact in this the much more controversial option for zation commission under the Secretary Congress. associations to self-insure. Primary of Health and Human Services to de- The most well known proposal now regulatory oversight of coverage issued velop harmonized standards for health on the table is the approach known as to associations would remain at the insurance regulation. The commission association health plans, or AHPs. state level and would not be trans- would work in close consultation with Under this proposal, which was intro- ferred to Federal control. Although far the NAIC and the States, and would duced in this Congress by Senators from perfect, our state insurance com- consist of members representing a full range of perspectives and stakeholders. SNOWE and TALENT, qualifying trade missions are much closer to the real Upon issuance of model standards by associations would be permitted to problems confronted by purchasers of the commission and their certification band together their members for pur- insurance in their communities than by the Secretary, the States would poses of offering health coverage. would be a Federal agency in Wash- have two years to adopt them. If a Association health plans hold signifi- ington. state did not adopt the standards with- cant promise—particularly in the pool- Like the current AHP bill, this legis- in the required timeframe, an insurer, ing of risk, economies of scale, and lation would enable associations to following certain certification require- market clout they could lend to thou- take advantage of more streamlined ments, would be permitted to sell in- sands of small businesses. rules in the areas of benefit design and surance in that State following the At the same time, however, the AHP rating. In an important departure from harmonized Federal rules. bills in their current form may also go the current AHP bill, however, this I want to take a moment to thank too far in allowing some association greater streamlining would be made Senator GREGG, my predecessor as plans to play by a separate set of rules available not just to associations, but chairman of the HELP Committee. It is than those governing the rest of the also to other purchasers of insurance. due in no small part to his efforts in small group insurance marketplace— This adjustment will go a long way to- the last Congress that health insurance thereby tempting adverse selection and ward easing critics’ fears that the cur- market harmonization has matured in market disruption. Another concern is rent AHP bill would create an unlevel the policy community as a needed and the fact that the current AHP pro- playing field and market disruption. valuable step. I look forward to work- posals would shift primary oversight In short, association-based plans ing with him to make this and other over many association plans away from should have the opportunity to harness aspects of this legislation as effective the states and move it to the federal the advantage of independent pooling as it can possibly be. government. and play a commercially meaningful It is important to note that responsi- Regrettably, debate over these AHP role in the coverage marketplace. How- bility for oversight and management of pros and cons has hardened into a po- ever, the coverage offered to associa- the insurance market would remain litical and stakeholder stalemate—a tion members should be subject to un- with the States. What would change is stalemate that has helped block con- derlying regulatory and consumer pro- that the rules being applied would be- structive action on new health insur- tection requirements substantially come more uniform across State lines. ance reform for nearly a decade. comparable to those applicable to This will enable a wider range of plans It is time we broke this logjam and other entities offering similar cov- to be offered, because the offering of moved forward. erage. insurance on a multi-State basis will Toward this end, I sincerely appre- In addition to addressing coverage of- become easier. Competition will im- ciate the hard work of Senators SNOWE fered through associations, the legisla- prove and costs will go down as more and TALENT and other AHP proponents tion we are introducing today also plans enter more markets. in working with me on possible com- makes several very important improve- This bill reflects and incorporates promise approaches. And similarly, I ments in the health insurance market- much thoughtful input from those on am encouraged by what appears to be a place as a whole. many sides of this difficult issue. Such growing pragmatic spirit among tradi- For example, this legislation would input continues even as I speak. In- tional AHP critics. permit issuers of coverage, both to as- deed, there are a number of important The legislation we are introducing sociations and others, to offer lower- issues that remain to be worked on as today is a compromise approach. cost health plans free from some, we proceed with consideration of this This legislation blends a modified though not all, of the current state bill. version of the current Snowe/Talent benefit mandates that have pro- For example, we will be continuing AHP legislation with several additional liferated over the past decade. discussions on how to smoothe the reform initiatives applicable not just Under this bill, those mandates that interaction between association-based to association plans, but also to the are currently in place in at least 45 plans and the individual insurance wider health insurance marketplace. States would continue in effect, but market. Similarly, work remains to be It is built around several funda- carriers would be permitted to offer done in the calibration of transition mental principles, including: 1. giving plans that do not include other man- rules, including with respect to the associations a meaningful role, but on dated benefits. The intent of this provi- handling of older blocks of business vis a level playing field; 2. streamlining sion is not only to enable the offering a vis new plan options that will arise the current hodgepodge of varying of more affordable plan options, but under the new system. Another issue State regulation; 3. preserving the pri- also to make it easier for carriers to deserving of further attention is the mary role of the States in health insur- offer coverage on a multi-state basis handling of the way carriers can be- ance oversight and consumer protec- and in more markets. come licensed in multiple States, and

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.104 S02NOPT1 S12244 CONGRESSIONAL RECORD — SENATE November 2, 2005 opportunities for making this process ess provided in Title III. These provisions S. 1955 as smooth as possible while maintain- will apply not just to association plans Be it enacted by the Senate and House of Rep- ing the authority of State insurance (SBHPs) but also to policies sold to others. resentatives of the United States of America in Rating Relief: The first section of Title II Congress assembled, commissioners. deals with rating relief. Under Title II, The I am open to suggestions, and I am SECTION 1. SHORT TITLE AND TABLE OF CON- National Association of Insurance Commis- TENTS. open to compromise—but I am not sioners (NAIC) model rules regarding rating, open to continued inaction. (a) SHORT TITLE.—This Act may be cited as the amount that premiums can vary from an the ‘‘Health Insurance Marketplace Mod- My intention is for this bill to serve insurer’s base rate, or average, that are now ernization and Affordability Act of 2005’’. as a foundation for the swift finaliza- in effect in nearly half the states would be- (b) TABLE OF CONTENTS.—The table of con- tion and passage of a health insurance come the interim standard for rating. Cur- tents is as follows: rently these NAIC rating rules are in effect reform package that will deliver real Sec. 1. Short title and table of contents. relief to America’s small businesses in 24 states, and about a dozen others are very close. The NAIC rules require that pre- TITLE I—SMALL BUSINESS HEALTH and struggling families. miums charged when the policy is issued PLANS I ask unanimous consent that a sum- cannot vary more than +/¥ 25 percent from Sec. 101. Rules governing small business mary of the legislation and the text of the base rate, and +/¥ 15 percent upon re- health plans. the bill be printed in the RECORD. newal. Sec. 102. Cooperation between Federal and There being no objection, the mate- Insurers licensed in a given state will be State authorities. rial was ordered to be printed in the permitted to use the NAIC standard even if Sec. 103. Effective date and transitional and RECORD, as follows: State law differs. A graduated transition other rules. process will apply for States that currently SUMMARY: HEALTH INSURANCE MARKETPLACE TITLE II—NEAR-TERM MARKET RELIEF have rating bands significantly different MODERNIZATION AND AFFORDABILITY ACT OF from the NAIC model. Sec. 201. Near-term market relief. 2005 Lower-Cost Plan Options: The intent of the TITLE III—HARMONIZATION OF HEALTH The intent of the Health Insurance Mar- second provision of Title II is to permit INSURANCE LAWS ketplace Modernization and Affordability lower-cost plans to be offered that are free Sec. 301. Health Insurance Regulatory Har- Act of 2005 is to reduce costs and improve ac- from many of the current benefit mandates. monization. cess in the health insurance marketplace, Mirroring the approach applied to benefit principally though not exclusively in the TITLE I—SMALL BUSINESS HEALTH mandates for SBHPs in Title I, if a benefit PLANS small group market. mandate is mandated in at least 45 States, This legislation addresses these goals by an insurer must offer it, but it may opt out SEC. 101. RULES GOVERNING SMALL BUSINESS blending a modified version of the current of other mandated benefits provided that the HEALTH PLANS. AHP legislation—S. 406, introduced by Sen- exercise of such opt-out is fully disclosed in (a) IN GENERAL.—Subtitle B of title I of the ators Snowe and Talent with several addi- the policy. This approach preserves the most Employee Retirement Income Security Act tional reform initiatives applicable not just widely agreed-upon mandates, but allows for of 1974 is amended by adding after part 7 the to association plans but also to the wider greater flexibility in the offering of more af- following new part: marketplace. fordable coverage options. ‘‘PART 8—RULES GOVERNING SMALL The fundamental principle include: 1. giv- Title II, which addresses regulatory har- BUSINESS HEALTH PLANS ing associations a meaningful role, but on a monization, establishes a process intended to ‘‘SEC. 801. SMALL BUSINESS HEALTH PLANS. level playing field; 2. streamlining the cur- create greater uniformity in the current ‘‘(a) IN GENERAL.—For purposes of this rent hodgepodge of varying state regula- costly and competition-inhibiting hodge- part, the term ‘small business health plan’ tions; 3. preserving a strong state role in in- podge of varying state health insurance reg- means a fully insured group health plan surance oversight and consumer protection; ulation. However, even as this moves the whose sponsor is (or is deemed under this 4. making lower-cost health plan options system to greater uniformity in rules ap- part to be) described in subsection (b). available; 5. achieving meaningful reform plied, it also carefully retains the current ‘‘(b) SPONSORSHIP.—The sponsor of a group without a big price tag clouding prospects structure of State-based oversight and ad- health plan is described in this subsection if for passage. ministration of insurance. such sponsor— Title I, regarding Small Business Health This approach is patterned in general ‘‘(1) is organized and maintained in good Plans (SBHPs), resembles the ‘‘fully in- terms after the process used in the early faith, with a constitution and bylaws specifi- sured’’ component of the S. 406, but does not 1990s to achieve greater stability in the cally stating its purpose and providing for include that bill’s more controversial provi- Medicare supplemental, Medigap, market. periodic meetings on at least an annual sions permitting association plans to self-in- To achieve uniformity, this legislation es- basis, as a bona fide trade association, a sure. Associations will be permitted to pool tablishes a harmonization commission under bona fide industry association (including a independently from the underlying small HHS to develop uniform standards for insur- rural electric cooperative association or a group market. ance regulation. The commission will work rural telephone cooperative association), a SBHPs may offer coverage free from many in close consultation with the NAIC and the bona fide professional association, or a bona but not all benefit mandates, which reflects States, and will consist of members rep- fide chamber of commerce (or similar bona a different approach but similar intent to resenting: 1. State insurance regulators; 2. fide business association, including a cor- that included in S. 406. If a benefit mandate insurers; 3. business/employer representa- poration or similar organization that oper- is in place in at least 45 states, an SBHP tives; 4. consumer advocates; 5. agents; 6. ates on a cooperative basis (within the mean- must follow it, but it may opt out of other providers; 7. high risk pool administrators; ing of section 1381 of the Internal Revenue mandated benefits. This approach preserves and 8. actuaries. Code of 1986)), for substantial purposes other the most widely agreed-upon mandates, but The commission will address these areas of than that of obtaining or providing medical achieves the goal of giving multi-state asso- insurance regulation: 1. rating; 2. consumer care; ciations the uniformity they need to operate protections; and 3. access to coverage, such ‘‘(2) is established as a permanent entity effectively across State lines. as standards regarding issuance and renew- which receives the active support of its Associations wishing to establish an SBHP ability. will follow rules very similar to those for Upon issuance of model standards by the members and requires for membership pay- AHPs under S. 406, the bill introduced by commission and their certification by the ment on a periodic basis of dues or payments Senators Snowe and Talent. An SBHP must: Secretary, the States will have two years to necessary to maintain eligibility for mem- 1. be established for purposes other than adopt them. If a State fails to adopt the bership in the sponsor; and health coverage; 2. have been in existence for standards within the required timeframe, an ‘‘(3) does not condition membership, such at least 3 years; 3. do not condition associa- insurer, following certain certification re- dues or payments, or coverage under the tion membership or coverage on health sta- quirements, will be permitted to sell insur- plan on the basis of health status-related tus; 4. obtain Federal certification; 5. be gov- ance in that State following the harmonized factors with respect to the employees of its erned by a board of directors with complete Federal rules, rather than that State’s rules. members (or affiliated members), or the de- fiscal control. Responsibility for oversight and manage- pendents of such employees, and does not This bill also retains primary oversight ment of the insurance market will remain condition such dues or payments on the basis and supervision of insurance coverage at the with the States. What changes is that the of group health plan participation. State level, and does not shift it to Federal rules being applied will become more uni- Any sponsor consisting of an association of oversight, as parts of S. 406 would require. form across State lines, thereby achieving a entities which meet the requirements of Title II, the Near-Term Market Relief sec- number of advantages, including: 1. a wider paragraphs (1), (2), and (3) shall be deemed to tion, provides for certain near-term changes range of plans offered, because offering in- be a sponsor described in this subsection. in insurance regulation aimed at reducing surance on a multi-state basis will become ‘‘SEC. 802. CERTIFICATION OF SMALL BUSINESS costs and expanding access. Ultimately, easier; 2. improved competition and reduced HEALTH PLANS. some of these provisions will be superseded costs as more plans enter more markets; and ‘‘(a) IN GENERAL.—Not later than 6 months by the wider regulatory harmonization proc- 3. reduced administrative costs. after the date of enactment of this part, the

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applicable authority shall prescribe by in- the board and they do not provide services to ‘‘(c) INDIVIDUAL MARKET UNAFFECTED.—The terim final rule a procedure under which the the plan other than on behalf of the sponsor. requirements of this subsection are met with applicable authority shall certify small busi- ‘‘(III) TREATMENT OF PROVIDERS OF MEDICAL respect to a small business health plan if, ness health plans which apply for certifi- CARE.—In the case of a sponsor which is an under the terms of the plan, no participating cation as meeting the requirements of this association whose membership consists pri- employer may provide health insurance cov- part. marily of providers of medical care, sub- erage in the individual market for any em- ‘‘(b) REQUIREMENTS APPLICABLE TO CER- clause (I) shall not apply in the case of any ployee not covered under the plan which is TIFIED PLANS.—a small business health plan service provider described in subclause (I) similar to the coverage contemporaneously with respect to which certification under who is a provider of medical care under the provided to employees of the employer under this part is in effect shall meet the applica- plan. the plan, if such exclusion of the employee ble requirements of this part, effective on ‘‘(iii) CERTAIN PLANS EXCLUDED.—Clause (i) from coverage under the plan is based on a the date of certification (or, if later, on the shall not apply to a small business health health status-related factor with respect to date on which the plan is to commence oper- plan which is in existence on the date of the the employee and such employee would, but ations). enactment of the Health Insurance Market- for such exclusion on such basis, be eligible ‘‘(c) REQUIREMENTS FOR CONTINUED CERTIFI- place Modernization and Affordability Act of for coverage under the plan. ‘‘(d) PROHIBITION OF DISCRIMINATION CATION.—The applicable authority may pro- 2005. vide by regulation for continued certifi- AGAINST EMPLOYERS AND EMPLOYEES ELIGI- ‘‘(B) SOLE AUTHORITY.—The board has sole BLE TO PARTICIPATE.—The requirements of cation of small business health plans under authority under the plan to approve applica- this subsection are met with respect to a this part. Such regulation shall provide for tions for participation in the plan and to small business health plan if— the revocation of a certification if the appli- contract with insurers and service providers. cable authority finds that the small em- ‘‘(1) under the terms of the plan, all em- ‘‘(c) TREATMENT OF FRANCHISE NET- ployer health plan involved is failing to com- ployers meeting the preceding requirements WORKS.—In the case of a group health plan of this section are eligible to qualify as par- ply with the requirements of this part. which is established and maintained by a ‘‘(d) CLASS CERTIFICATION FOR FULLY IN- ticipating employers for all geographically franchiser for a franchise network consisting SURED PLANS.—The applicable authority available coverage options, unless, in the of its franchisees— shall establish a class certification proce- case of any such employer, participation or ‘‘(1) the requirements of subsection (a) and dure for small business health plans under contribution requirements of the type re- section 801(a) shall be deemed met if such re- which all benefits consist of health insurance ferred to in section 2711 of the Public Health quirements would otherwise be met if the coverage. Under such procedure, the applica- Service Act are not met; franchiser were deemed to be the sponsor re- ble authority shall provide for the granting ‘‘(2) upon request, any employer eligible to ferred to in section 801(b), such network were of certification under this part to the plans participate is furnished information regard- deemed to be an association described in sec- in each class of such small business health ing all coverage options available under the tion 801(b), and each franchisee were deemed plans upon appropriate filing under such pro- plan; and to be a member (of the association and the cedure in connection with plans in such class ‘‘(3) the applicable requirements of sec- sponsor) referred to in section 801(b); and and payment of the prescribed fee under sections 701, 702, and 703 are met with respect to ‘‘(2) the requirements of section 804(a)(1) tion 806(a). the plan. shall be deemed met. ‘‘SEC. 803. REQUIREMENTS RELATING TO SPON- ‘‘SEC. 805. OTHER REQUIREMENTS RELATING TO SORS AND BOARDS OF TRUSTEES. The Secretary may by regulation define for PLAN DOCUMENTS, CONTRIBUTION ‘‘(a) SPONSOR.—The requirements of this purposes of this subsection the terms ‘fran- RATES, AND BENEFIT OPTIONS. subsection are met with respect to a small chiser’, ‘franchise network’, and ‘franchisee’. ‘‘(a) IN GENERAL.—The requirements of this business health plan if the sponsor has met ‘‘SEC. 804. PARTICIPATION AND COVERAGE RE- section are met with respect to a small busi- (or is deemed under this part to have met) QUIREMENTS. ness health plan if the following require- the requirements of section 801(b) for a con- ‘‘(a) COVERED EMPLOYERS AND INDIVID- ments are met: tinuous period of not less than 3 years end- UALS.—The requirements of this subsection ‘‘(1) CONTENTS OF GOVERNING INSTRU- ing with the date of the application for cer- are met with respect to a small business MENTS.— tification under this part. health plan if, under the terms of the plan— ‘‘(A) IN GENERAL.—The instruments gov- ‘‘(b) BOARD OF TRUSTEES.—The require- ‘‘(1) each participating employer must be— erning the plan include a written instruments of this subsection are met with re- ‘‘(A) a member of the sponsor; ment, meeting the requirements of an inspect to a small business health plan if the ‘‘(B) the sponsor; or strument required under section 402(a)(1), following requirements are met: ‘‘(C) an affiliated member of the sponsor which— ‘‘(1) FISCAL CONTROL.—The plan is oper- with respect to which the requirements of ‘‘(i) provides that the board of directors ated, pursuant to a plan document, by a subsection (b) are met, except that, in the serves as the named fiduciary required for board of trustees which pursuant to a trust case of a sponsor which is a professional as- plans under section 402(a)(1) and serves in agreement has complete fiscal control over sociation or other individual-based associa- the capacity of a plan administrator (re- the plan and which is responsible for all option, if at least one of the officers, directors, ferred to in section 3(16)(A)); and erations of the plan. or employees of an employer, or at least one ‘‘(ii) provides that the sponsor of the plan ‘‘(2) RULES OF OPERATION AND FINANCIAL of the individuals who are partners in an emis to serve as plan sponsor (referred to in sec- CONTROLS.—The board of trustees has in ef- ployer and who actively participates in the tion 3(16)(B)). fect rules of operation and financial con- business, is a member or such an affiliated ‘‘(B) DESCRIPTION OF MATERIAL PROVI- trols, based on a 3-year plan of operation, member of the sponsor, participating em- SIONS.—The terms of the health insurance adequate to carry out the terms of the plan ployers may also include such employer; and coverage (including the terms of any indi- and to meet all requirements of this title ap- ‘‘(2) all individuals commencing coverage vidual certificates that may be offered to in- plicable to the plan. under the plan after certification under this dividuals in connection with such coverage) ‘‘(3) RULES GOVERNING RELATIONSHIP TO part must be— describe the material benefit and rating, and PARTICIPATING EMPLOYERS AND TO CONTRAC- ‘‘(A) active or retired owners (including other provisions set forth in this section and TORS.— self-employed individuals), officers, direc- such material provisions are included in the ‘‘(A) BOARD MEMBERSHIP.— tors, or employees of, or partners in, partici- summary plan description. ‘‘(i) IN GENERAL.—Except as provided in pating employers; or ‘‘(2) CONTRIBUTION RATES MUST BE NON- clauses (ii) and (iii), the members of the ‘‘(B) the beneficiaries of individuals de- DISCRIMINATORY.— board of trustees are individuals selected scribed in subparagraph (A). ‘‘(A) IN GENERAL.—The contribution rates from individuals who are the owners, offi- ‘‘(b) COVERAGE OF PREVIOUSLY UNINSURED for any participating small employer shall cers, directors, or employees of the partici- EMPLOYEES.—In the case of a small business not vary on the basis of any health status-re- pating employers or who are partners in the health plan in existence on the date of the lated factor in relation to employees of such participating employers and actively partici- enactment of the Health Insurance Market- employer or their beneficiaries and shall not pate in the business. place Modernization and Affordability Act of vary on the basis of the type of business or ‘‘(ii) LIMITATION.— 2005, an affiliated member of the sponsor of industry in which such employer is engaged. ‘‘(I) GENERAL RULE.—Except as provided in the plan may be offered coverage under the ‘‘(B) EFFECT OF TITLE.—Nothing in this subclauses (II) and (III), no such member is plan as a participating employer only if— title or any other provision of law shall be an owner, officer, director, or employee of, or ‘‘(1) the affiliated member was an affiliated construed to preclude a health insurance partner in, a contract administrator or other member on the date of certification under issuer offering health insurance coverage in service provider to the plan. this part; or connection with a small business health ‘‘(II) LIMITED EXCEPTION FOR PROVIDERS OF ‘‘(2) during the 12-month period preceding plan, and at the request of such small busi- SERVICES SOLELY ON BEHALF OF THE SPON- the date of the offering of such coverage, the ness health plan, from— SOR.—Officers or employees of a sponsor affiliated member has not maintained or ‘‘(i) setting contribution rates for the which is a service provider (other than a con- contributed to a group health plan with re- small business health plan based on the tract administrator) to the plan may be spect to any of its employees who would oth- claims experience of the plan so long as any members of the board if they constitute not erwise be eligible to participate in such variation in such rates complies with the re- more than 25 percent of the membership of small business health plan. quirements of clause (ii); or

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.100 S02NOPT1 S12246 CONGRESSIONAL RECORD — SENATE November 2, 2005 ‘‘(ii) varying contribution rates for partici- cludes, in a manner and form which shall be ‘‘(A) a person who is otherwise eligible to pating employers in a small business health prescribed by the applicable authority by be a member of the sponsor but who elects plan in a State to the extent that such rates regulation, at least the following informa- an affiliated status with the sponsor, could vary using the same methodology em- tion: ‘‘(B) in the case of a sponsor with members ployed in such State for regulating premium ‘‘(1) IDENTIFYING INFORMATION.—The names which consist of associations, a person who rates, subject to the terms of part I of sub- and addresses of— is a member of any such association and title A of title XXIX of the Public Health ‘‘(A) the sponsor; and elects an affiliated status with the sponsor, Service Act (relating to rating require- ‘‘(B) the members of the board of trustees or ments), as added by title II of the Health In- of the plan. ‘‘(C) in the case of a small business health surance Marketplace Modernization and Af- ‘‘(2) STATES IN WHICH PLAN INTENDS TO DO plan in existence on the date of the enact- fordability Act of 2005. BUSINESS.—The States in which participants ment of the Health Insurance Marketplace ‘‘(3) REGULATORY REQUIREMENTS.—Such and beneficiaries under the plan are to be lo- Modernization and Affordability Act of 2005, other requirements as the applicable author- cated and the number of them expected to be a person eligible to be a member of the spon- ity determines are necessary to carry out located in each such State. sor or one of its member associations. the purposes of this part, which shall be pre- ‘‘(3) BONDING REQUIREMENTS.—Evidence ‘‘(2) APPLICABLE AUTHORITY.—The term ‘ap- scribed by the applicable authority by regu- provided by the board of trustees that the plicable authority’ means the Secretary, ex- lation. bonding requirements of section 412 will be cept that, in connection with any exercise of ‘‘(b) ABILITY OF SMALL BUSINESS HEALTH met as of the date of the application or (if the Secretary’s authority with respect to PLANS TO DESIGN BENEFIT OPTIONS.—Nothing later) commencement of operations. which the Secretary is required under sec- in this part or any provision of State law (as ‘‘(4) PLAN DOCUMENTS.—A copy of the docu- tion 506(d) to consult with a State, such term defined in section 514(c)(1)) shall be con- ments governing the plan (including any by- means the Secretary, in consultation with strued to preclude a small business health laws and trust agreements), the summary such State. plan or a health insurance issuer offering plan description, and other material describ- ‘‘(3) APPLICABLE STATE AUTHORITY.—The health insurance coverage in connection ing the benefits that will be provided to par- term ‘applicable State authority’ means, with a small business health plan, from exer- ticipants and beneficiaries under the plan. with respect to a health insurance issuer in cising its sole discretion in selecting the spe- ‘‘(5) AGREEMENTS WITH SERVICE PRO- a State, the State insurance commissioner cific benefits and services consisting of med- VIDERS.—A copy of any agreements between or official or officials designated by the ical care to be included as benefits under the plan, health insurance issuer, and con- such plan or coverage, except that such bene- State to enforce the requirements of title tract administrators and other service pro- XXVII of the Public Health Service Act for fits and services must meet the terms and viders. specifications of part II of subtitle A of title the State involved with respect to such ‘‘(c) FILING NOTICE OF CERTIFICATION WITH XXIX of the Public Health Service Act (re- issuer. STATES.—A certification granted under this lating to lower cost plans), as added by title ‘‘(4) GROUP HEALTH PLAN.—The term ‘group part to a small business health plan shall not health plan’ has the meaning provided in sec- II of the Health Insurance Marketplace Mod- be effective unless written notice of such ernization and Affordability Act of 2005, pro- tion 733(a)(1) (after applying subsection (b) of certification is filed with the applicable this section). vided that, upon issuance by the Secretary of State authority of each State in which at Health and Human Services of the List of ‘‘(5) HEALTH INSURANCE COVERAGE.—The least 25 percent of the participants and bene- Required Benefits as provided for in section term ‘health insurance coverage’ has the ficiaries under the plan are located. For pur- 2922(a) of the Public Health Service Act, the meaning provided in section 733(b)(1). poses of this subsection, an individual shall required scope and application for each ben- ‘‘(6) HEALTH INSURANCE ISSUER.—The term be considered to be located in the State in efit or service listed in the List of Required ‘health insurance issuer’ has the meaning which a known address of such individual is Benefits shall be— provided in section 733(b)(2). located or in which such individual is em- ‘‘(1) if the domicile State mandates such ‘‘(7) INDIVIDUAL MARKET.— ployed. benefit or service, the scope and application ‘‘(A) IN GENERAL.—The term ‘individual required by the domicile State; or ‘‘(d) NOTICE OF MATERIAL CHANGES.—In the market’ means the market for health insur- ‘‘(2) if the domicile State does not mandate case of any small business health plan cer- ance coverage offered to individuals other such benefit or service, the scope and appli- tified under this part, descriptions of mate- than in connection with a group health plan. cation required by the non-domicile State rial changes in any information which was ‘‘(B) TREATMENT OF VERY SMALL GROUPS.— that does require such benefit or service in required to be submitted with the applica- ‘‘(i) IN GENERAL.—Subject to clause (ii), which the greatest number of the small busi- tion for the certification under this part such term includes coverage offered in con- ness health plan’s participating employers shall be filed in such form and manner as nection with a group health plan that has are located. shall be prescribed by the applicable author- fewer than 2 participants as current employ- ‘‘(c) STATE LICENSURE AND INFORMATIONAL ity by regulation. The applicable authority ees or participants described in section FILING.— may require by regulation prior notice of 732(d)(3) on the first day of the plan year. ‘‘(1) DOMICILE STATE.—Coverage shall be material changes with respect to specified ‘‘(ii) STATE EXCEPTION.—Clause (i) shall not issued to a small business health plan in the matters which might serve as the basis for apply in the case of health insurance cov- State in which the sponsor’s principal place suspension or revocation of the certification. erage offered in a State if such State regu- of business is located. ‘‘SEC. 807. NOTICE REQUIREMENTS FOR VOL- lates the coverage described in such clause in ‘‘(2) NON-DOMICILE STATES.—With respect to UNTARY TERMINATION. the same manner and to the same extent as a State (other than the domicile State) in ‘‘A small business health plan which is or coverage in the small group market (as de- which participating employers of a small has been certified under this part may termi- fined in section 2791(e)(5) of the Public business health plan are located, an insurer nate (upon or at any time after cessation of Health Service Act) is regulated by such issuing coverage to such small business accruals in benefit liabilities) only if the State. health plan shall not be required to obtain board of trustees, not less than 60 days be- ‘‘(8) MEDICAL CARE.—The term ‘medical full licensure in such State, except that the fore the proposed termination date— care’ has the meaning provided in section insurer shall provide each State insurance ‘‘(1) provides to the participants and bene- 733(a)(2). commissioner (or applicable State authority) ficiaries a written notice of intent to termi- ‘‘(9) PARTICIPATING EMPLOYER.—The term with an informational filing describing poli- nate stating that such termination is in- ‘participating employer’ means, in connec- cies sold and other relevant information as tended and the proposed termination date; tion with a small business health plan, any may be requested by the applicable State au- ‘‘(2) develops a plan for winding up the af- employer, if any individual who is an em- thority. fairs of the plan in connection with such ter- ployee of such employer, a partner in such ‘‘SEC. 806. REQUIREMENTS FOR APPLICATION mination in a manner which will result in employer, or a self-employed individual who AND RELATED REQUIREMENTS. timely payment of all benefits for which the is such employer (or any dependent, as de- ‘‘(a) FILING FEE.—Under the procedure pre- plan is obligated; and fined under the terms of the plan, of such in- scribed pursuant to section 802(a), a small ‘‘(3) submits such plan in writing to the ap- dividual) is or was covered under such plan business health plan shall pay to the applica- plicable authority. in connection with the status of such indi- ble authority at the time of filing an applica- vidual as such an employee, partner, or self- tion for certification under this part a filing Actions required under this section shall be taken in such form and manner as may be employed individual in relation to the plan. fee in the amount of $5,000, which shall be ‘‘(10) SMALL EMPLOYER.—The term ‘small available in the case of the Secretary, to the prescribed by the applicable authority by regulation. employer’ means, in connection with a group extent provided in appropriation Acts, for health plan with respect to a plan year, a the sole purpose of administering the certifi- ‘‘SEC. 808. DEFINITIONS AND RULES OF CON- small employer as defined in section STRUCTION. cation procedures applicable with respect to 2791(e)(4). small business health plans. ‘‘(a) DEFINITIONS.—For purposes of this ‘‘(b) INFORMATION TO BE INCLUDED IN APPLI- part— ‘‘(b) RULE OF CONSTRUCTION.—For purposes CATION FOR CERTIFICATION.—An application ‘‘(1) AFFILIATED MEMBER.—The term ‘affili- of determining whether a plan, fund, or pro- for certification under this part meets the ated member’ means, in connection with a gram is an employee welfare benefit plan requirements of this section only if it in- sponsor— which is a small business health plan, and

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.100 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12247

for purposes of applying this title in connec- (d) SAVINGS CLAUSE.—Section 731(c) of such Security Act of 1974 shall be deemed met tion with such plan, fund, or program so de- Act is amended by inserting ‘‘or part 8’’ after with respect to such arrangement; termined to be such an employee welfare ‘‘this part’’. (C) the requirements of section 803(b) of benefit plan— (e) CLERICAL AMENDMENT.—The table of such Act shall be deemed met, if the arrange- ‘‘(1) in the case of a partnership, the term contents in section 1 of the Employee Retire- ment is operated by a board of trustees ‘employer’ (as defined in section 3(5)) in- ment Income Security Act of 1974 is amended which— cludes the partnership in relation to the by inserting after the item relating to sec- (i) is elected by the participating employ- partners, and the term ‘employee’ (as defined tion 734 the following new items: ers, with each employer having one vote; and in section 3(6)) includes any partner in rela- ‘‘PART 8—RULES GOVERNING SMALL BUSINESS (ii) has complete fiscal control over the ar- tion to the partnership; and HEALTH PLANS rangement and which is responsible for all ‘‘(2) in the case of a self-employed indi- ‘‘801. Small business health plans. operations of the arrangement; vidual, the term ‘employer’ (as defined in ‘‘802. Certification of small business health (D) the requirements of section 804(a) of section 3(5)) and the term ‘employee’ (as de- plans. such Act shall be deemed met with respect to fined in section 3(6)) shall include such indi- ‘‘803. Requirements relating to sponsors and such arrangement; and vidual.’’. boards of trustees. (E) the arrangement may be certified by (b) CONFORMING AMENDMENTS TO PREEMP- ‘‘804. Participation and coverage require- any applicable authority with respect to its TION RULES.— ments. operations in any State only if it operates in (1) Section 514(b)(6) of such Act (29 U.S.C. ‘‘805. Other requirements relating to plan such State on the date of certification. 1144(b)(6)) is amended by adding at the end documents, contribution rates, The provisions of this subsection shall cease the following new subparagraph: and benefit options. to apply with respect to any such arrange- ‘‘(E) The preceding subparagraphs of this ‘‘806. Requirements for application and re- ment at such time after the date of the en- paragraph do not apply with respect to any lated requirements. State law in the case of a small business ‘‘807. Notice requirements for voluntary ter- actment of this Act as the applicable re- health plan which is certified under part 8.’’. mination. quirements of this subsection are not met (2) Section 514 of such Act (29 U.S.C. 1144) ‘‘808. Definitions and rules of construction.’’. with respect to such arrangement or at such is amended— SEC. 102. COOPERATION BETWEEN FEDERAL AND time that the arrangement provides coverage (A) in subsection (b)(4), by striking ‘‘Sub- STATE AUTHORITIES. to participants and beneficiaries in any section (a)’’ and inserting ‘‘Subsections (a) Section 506 of the Employee Retirement State other than the States in which cov- and (d)’’; Income Security Act of 1974 (29 U.S.C. 1136) is erage is provided on such date of enactment. (B) in subsection (b)(5), by striking ‘‘sub- amended by adding at the end the following (2) DEFINITIONS.—For purposes of this subsection (a)’’ in subparagraph (A) and insert- new subsection: section, the terms ‘‘group health plan’’, ing ‘‘subsection (a) of this section and sub- ‘‘(d) CONSULTATION WITH STATES WITH RE- ‘‘medical care’’, and ‘‘participating em- sections (a)(2)(B) and (b) of section 805’’, and SPECT TO SMALL BUSINESS HEALTH PLANS.— ployer’’ shall have the meanings provided in by striking ‘‘subsection (a)’’ in subparagraph ‘‘(1) AGREEMENTS WITH STATES.—The Sec- section 808 of the Employee Retirement In- (B) and inserting ‘‘subsection (a) of this secretary shall consult with the State recog- come Security Act of 1974, except that the tion or subsection (a)(2)(B) or (b) of section nized under paragraph (2) with respect to a reference in paragraph (7) of such section to 805’’; small business health plan regarding the ex- an ‘‘small business health plan’’ shall be (C) by redesignating subsection (d) as sub- ercise of— deemed a reference to an arrangement re- section (e); and ‘‘(A) the Secretary’s authority under sec- ferred to in this subsection. (D) by inserting after subsection (c) the tions 502 and 504 to enforce the requirements TITLE II—NEAR-TERM MARKET RELIEF following new subsection: for certification under part 8; and SEC. 201. NEAR-TERM MARKET RELIEF. ‘‘(d)(1) Except as provided in subsection ‘‘(B) the Secretary’s authority to certify The Public Health Service Act (42 U.S.C. (b)(4), the provisions of this title shall super- small business health plans under part 8 in 201 et seq.) is amended by adding at the end sede any and all State laws insofar as they accordance with regulations of the Secretary the following: may now or hereafter preclude a health inapplicable to certification under part 8. surance issuer from offering health insur- ‘‘(2) RECOGNITION OF DOMICILE STATE.—In ‘‘TITLE XXIX—HEALTH CARE INSURANCE ance coverage in connection with a small carrying out paragraph (1), the Secretary MARKETPLACE REFORM business health plan which is certified under shall ensure that only one State will be rec- ‘‘SEC. 2901. GENERAL INSURANCE DEFINITIONS. part 8. ognized, with respect to any particular small ‘‘In this title, the terms ‘health insurance ‘‘(2) In any case in which health insurance business health plan, as the State with coverage of any policy type is offered under coverage’, ‘health insurance issuer’, ‘group a small business health plan certified under which consultation is required. In carrying health plan’, and ‘individual health insur- part 8 to a participating employer operating out this paragraph such State shall be the ance’ shall have the meanings given such in such State, the provisions of this title domicile State, as defined in section 805(c).’’. terms in section 2791. shall supersede any and all laws of such SEC. 103. EFFECTIVE DATE AND TRANSITIONAL ‘‘Subtitle A—Near-Term Market Relief AND OTHER RULES. State insofar as they may establish rating ‘‘PART I—RATING REQUIREMENTS and benefit requirements that would other- (a) EFFECTIVE DATE.—The amendments ‘‘SEC. 2911. DEFINITIONS. wise apply to such coverage, provided the re- made by this title shall take effect 1 year quirements of section 805(a)(2)(B) and (b) after the date of the enactment of this Act. ‘‘In this part: (concerning small business health plan rat- The Secretary of Labor shall first issue all ‘‘(1) ADOPTING STATE.—The term ‘adopting ing and benefits) are met.’’. regulations necessary to carry out the State’ means a State that has enacted either (3) Section 514(b)(6)(A) of such Act (29 amendments made by this title within 1 year the NAIC model rules or the National In- U.S.C. 1144(b)(6)(A)) is amended— after the date of the enactment of this Act. terim Model Rating Rules in their entirety (A) in clause (i)(II), by striking ‘‘and’’ at (b) TREATMENT OF CERTAIN EXISTING and as the exclusive laws of the State that the end; HEALTH BENEFITS PROGRAMS.— relate to rating in the small group insurance (B) in clause (ii), by inserting ‘‘and which (1) IN GENERAL.—In any case in which, as of market. does not provide medical care (within the the date of the enactment of this Act, an ar- ‘‘(2) COMMISSION.—The term ‘Commission’ meaning of section 733(a)(2)),’’ after ‘‘arrangement is maintained in a State for the means the Harmonized Standards Commis- rangement,’’, and by striking ‘‘title.’’ and in- purpose of providing benefits consisting of sion established under section 2921. serting ‘‘title, and’’; and medical care for the employees and bene- ‘‘(3) ELIGIBLE INSURER.—The term ‘eligible (C) by adding at the end the following new ficiaries of its participating employers, at insurer’ means a health insurance issuer clause: least 200 participating employers make con- that is licensed in a nonadopting State and ‘‘(iii) subject to subparagraph (E), in the tributions to such arrangement, such ar- that— case of any other employee welfare benefit rangement has been in existence for at least ‘‘(A) notifies the Secretary, not later than plan which is a multiple employer welfare 10 years, and such arrangement is licensed 30 days prior to the offering of coverage de- arrangement and which provides medical under the laws of one or more States to proscribed in this subparagraph, that the issuer care (within the meaning of section vide such benefits to its participating em- intends to offer small group health insurance 733(a)(2)), any law of any State which regu- ployers, upon the filing with the applicable coverage consistent with the National In- lates insurance may apply.’’. authority (as defined in section 808(a)(2) of terim Model Rating Rules in a nonadopting (4) Section 514(e) of such Act (as redesig- the Employee Retirement Income Security State; nated by paragraph (2)(C)) is amended by Act of 1974 (as amended by this subtitle)) by ‘‘(B) notifies the insurance department of a striking ‘‘Nothing’’ and inserting ‘‘(1) Except the arrangement of an application for cer- nonadopting State (or other State agency), as provided in paragraph (2), nothing’’. tification of the arrangement under part 8 of not later than 30 days prior to the offering of (c) PLAN SPONSOR.—Section 3(16)(B) of such subtitle B of title I of such Act— coverage described in this subparagraph, Act (29 U.S.C. 102(16)(B)) is amended by add- (A) such arrangement shall be deemed to that the issuer intends to offer small group ing at the end the following new sentence: be a group health plan for purposes of title I health insurance coverage in that State con- ‘‘Such term also includes a person serving as of such Act; sistent with the National Interim Model Rat- the sponsor of a small business health plan (B) the requirements of sections 801(a) and ing Rules, and provides with such notice a under part 8.’’. 803(a) of the Employee Retirement Income copy of any insurance policy that it intends

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.100 S02NOPT1 S12248 CONGRESSIONAL RECORD — SENATE November 2, 2005 to offer in the State, its most recent annual (C) with respect to the standards provided cy) with the authority to enforce State law and quarterly financial reports, and any for under the NAIC model rules. requirements relating to the National In- other information required to be filed with ‘‘(B) OTHER STATES.—Health insurance cov- terim Model Rating Rules that are not set the insurance department of the State (or erage offered in a State that, on the date of forth in the terms of the small group health other State agency) by the Secretary in reg- enactment of this title, has in place pre- insurance coverage issued in a nonadopting ulations; and mium rating band requirements that vary by State, in a manner that is consistent with ‘‘(C) includes in the terms of the health in- more than 50 percent from the premium vari- the National Interim Model Rating Rules surance coverage offered in nonadopting ation standards contained in subparagraph and that imposes no greater duties or obliga- States (including in the terms of any indi- (C) shall be subject to such graduated transitions on health insurance issuers than the vidual certificates that may be offered to in- tion schedules as may be provided by the National Interim Model Rating Rules. dividuals in connection with such group Secretary pursuant to paragraph (1). ‘‘(5) NONAPPLICATION TO SUBSECTION (A)(2).— health coverage) and filed with the State ‘‘(C) AMOUNT OF VARIATION.—The amount Paragraphs (3) and (4) shall not apply with pursuant to subparagraph (B), a description of a premium rating variation from the base respect to subsection (a)(2). in the insurer’s contract of the National In- premium rate due to health conditions of ‘‘(6) NO AFFECT ON PREEMPTION.—In no case terim Model Rating Rules and an affirmation covered individuals under this subparagraph shall this subsection be construed to affect that such Rules are included in the terms of shall not exceed a factor of— the scope of the preemption provided for such contract. ‘‘(i) +/- 25 percent upon the issuance of the under the Employee Retirement Income Se- ‘‘(4) HEALTH INSURANCE COVERAGE.—The policy involved; and curity Act of 1974. term ‘health insurance coverage’ means any ‘‘(ii) +/- 15 percent upon the renewal of the ‘‘(c) EFFECTIVE DATE.—This section shall coverage issued in small group health insur- policy. apply beginning in the first plan year fol- ance market. ‘‘(3) OTHER TRANSITIONAL AUTHORITY.—In lowing the issuance of the final rules by the Secretary under the National Interim Model ‘‘(5) NAIC MODEL RULES.—The term ‘NAIC developing the National Interim Model Rat- model rules’ means the rating rules provided ing Rules, the Secretary may also provide Rating Rules. for in the 1992 Adopted Small Employer for the application of transitional standards ‘‘SEC. 2914. CIVIL ACTIONS AND JURISDICTION. Health Insurance Availability Model Act of in certain States with respect to the fol- ‘‘(a) IN GENERAL.—The district courts of the National Association of Insurance Com- lowing: the United States shall have exclusive juris- missioners. ‘‘(A) Independent rating classes for old and diction over civil actions involving the interpretation of this part. ‘‘(6) NATIONAL INTERIM MODEL RATING new business. ‘‘(b) ACTIONS.—A health insurance issuer RULES.—The term ‘National Interim Model ‘‘(B) Such additional transition standards may bring an action in the district courts of Rating Rules’ means the rules promulgated as the Secretary may determine necessary the United States for injunctive or other eq- under section 2912(a). for an effective transition. uitable relief against a nonadopting State in ‘‘(7) NONADOPTING STATE.—The term ‘non- ‘‘SEC. 2913. APPLICATION AND PREEMPTION. connection with the application of a state adopting State’ means a State that is not an ‘‘(a) SUPERCEDING OF STATE LAW.— law that violates this part. adopting State. ‘‘(1) IN GENERAL.—This part shall supersede ‘‘(c) VIOLATIONS OF SECTION 2913.—In the ‘‘(8) SMALL GROUP INSURANCE MARKET.—The any and all State laws insofar as such State case of a nonadopting State that is in viola- term ‘small group insurance market’ shall laws (whether enacted prior to or after the tion of section 2913(a)(2), a health insurance have the meaning given the term ‘small date of enactment of this subtitle) relate to issuer may bring an action in the district group market’ in section 2791(e)(5). rating in the small group insurance market courts of the United States for damages ‘‘(9) STATE LAW.—The term ‘State law’ as applied to an eligible insurer, or small against the nonadopting State and, if the means all laws, decisions, rules, regulations, group health insurance coverage issued by an health insurance issuer prevails in such ac- or other State actions (including actions by eligible insurer, in a nonadopting State. tion, the district court shall award the a State agency) having the effect of law, of ‘‘(2) NONADOPTING STATES.—This part shall health insurance issuer its reasonable attor- any State. supersede any and all State laws of a non- neys fees and costs. ‘‘SEC. 2912. RATING RULES. adopting State insofar as such State laws ‘‘SEC. 2915. SUNSET. ‘‘(a) NATIONAL INTERIM MODEL RATING (whether enacted prior to or after the date of ‘‘The National Interim Model Rating Rules RULES.—Not later than 6 months after the enactment of this subtitle)— shall remain in effect in a non-adopting date of enactment of this title, the Sec- ‘‘(A) prohibit an eligible insurer from offer- State until such time as the harmonized na- retary, in consultation with the National As- ing coverage consistent with the National tional rating rules are promulgated and ef- sociation of Insurance Commissioners, shall, Interim Model Rating Rules in a non- fective pursuant to part II. Upon such effec- through expedited rulemaking procedures, adopting State; or tive date, such harmonized rules shall super- promulgate National Interim Model Rating ‘‘(B) discriminate against or among eligi- sede the National Rules. Rules that shall be applicable to the small ble insurers offering health insurance cov- ‘‘PART II—LOWER COST PLANS group insurance market in certain States erage consistent with the National Interim ‘‘SEC. 2921. DEFINITIONS. until such time as the provisions of subtitle Model Rating Rules in a nonadopting state. ‘‘In this part: B become effective. Such Model Rules shall ‘‘(b) SAVINGS CLAUSE AND CONSTRUCTION.— ‘‘(1) ADOPTING STATE.—The term ‘adopting apply in States as provided for in this sec- ‘‘(1) NONAPPLICATION TO ADOPTING STATES.— State’ means a State that has enacted the tion beginning with the first plan year after Subsection (a) shall not apply with respect State Benefit Compendium in its entirety the such Rules are promulgated. to adopting states. and as the exclusive laws of the State that ‘‘(b) UTILIZATION OF NAIC MODEL RULES.— ‘‘(2) NONAPPLICATION TO CERTAIN INSUR- relate to benefit, service, and provider man- In promulgating the National Interim Model ERS.—Subsection (a) shall not apply with re- dates in the group and individual insurance Rating Rules under subsection (a), the Sec- spect to insurers that do not qualify as eligi- markets. retary, except as otherwise provided in this ble insurers that offer small group health in- ‘‘(2) ELIGIBLE INSURER.—The term ‘eligible subtitle, shall utilize the NAIC model rules surance coverage in a nonadopting State. insurer’ means a health insurance issuer regarding premium rating and premium vari- ‘‘(3) NONAPPLICATION WHERE OBTAINING RE- that is licensed in a nonadopting State and ation. LIEF UNDER STATE LAW.—Subsection (a)(1) that— ‘‘(c) TRANSITION IN CERTAIN STATES.— shall not apply to any State law in a non- ‘‘(A) notifies the Secretary, not later than ‘‘(1) IN GENERAL.—In promulgating the Na- adopting State to the extent necessary to 30 days prior to the offering of coverage de- tional Interim Model Rating Rules under permit individuals or the insurance depart- scribed in this subparagraph, that the issuer subsection (a), the Secretary shall have dis- ment of the State (or other State agency) to intends to offer group health insurance cov- cretion to modify the NAIC model rules in obtain relief under State law to require an erage consistent with the State Benefit Com- accordance with this subsection to the ex- eligible insurer to comply with the terms of pendium in a nonadopting State; tent necessary to provide for a graduated the small group health insurance coverage ‘‘(B) notifies the insurance department of a transition, of not to exceed 3 years following issued in the nonadopting State. In no case nonadopting State (or other State agency), the promulgation of such National Interim shall this paragraph, or any other provision not later than 30 days prior to the offering of Rules, with respect to the application of of this title, be construed to create a cause coverage described in this subparagraph, such Rules to States. of action on behalf of an individual or any that the issuer intends to offer group health ‘‘(2) INITIAL PREMIUM VARIATION.— other person under State law in connection insurance coverage in that State consistent ‘‘(A) IN GENERAL.—Under the modified Na- with a group health plan that is subject to with the State Benefit Compendium, and tional Interim Model Rating Rules as pro- the Employee Retirement Income Security provides with such notice a copy of any in- vided for in paragraph (1), the premium vari- Act of 1974 or health insurance coverage surance policy that it intends to offer in the ation provision of subparagraph (C) shall be issued in connection with such a plan. State, its most recent annual and quarterly applicable only with respect to small group ‘‘(4) NONAPPLICATION TO ENFORCE REQUIRE- financial reports, and any other information policies issued in States which, on the date MENTS RELATING TO THE NATIONAL RULE.— required to be filed with the insurance de- of enactment of this title, have in place pre- Subsection (a)(1) shall not apply to any partment of the State (or other State agen- mium rating band requirements that vary by State law in a nonadopting State to the ex- cy) by the Secretary in regulations; and less than 50 percent from the premium vari- tent necessary to provide the insurance de- ‘‘(C) includes in the terms of the health in- ation standards contained in subparagraph partment of the State (or other State agen- surance coverage offered in nonadopting

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.100 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12249

States (including in the terms of any indi- service, the scope and application required ‘‘(6) NO AFFECT ON PREEMPTION.—In no case vidual certificates that may be offered to in- by such other State that does require such shall this subsection be construed to affect dividuals in connection with such group benefit or service in which the greatest num- the scope of the preemption provided for health coverage) and filed with the State ber of the insurer’s small employer policy- under the Employee Retirement Income Se- pursuant to subparagraph (B), a description holders are located. curity Act of 1974. in the insurer’s contract of the State Benefit ‘‘(d) UPDATING OF STATE BENEFIT COMPEN- ‘‘(c) EFFECTIVE DATE.—This section shall Compendium and that adherence to the Com- DIUM.—Not later than 2 years after the date apply upon the first plan year following final pendium is included as a term of such con- on which the Compendium is issued under issuance by the Secretary of the State Ben- tract. subsection (b)(1), and every 2 years there- efit Compendium. ‘‘(3) HEALTH INSURANCE COVERAGE.—The after, the Secretary, applying the same ‘‘SEC. 2924. CIVIL ACTIONS AND JURISDICTION. methodology provided for in subsections (a) term ‘health insurance coverage’ means any ‘‘(a) IN GENERAL.—The district courts of and (b)(1), in consultation with the National coverage issued in the group or individual the United States shall have exclusive juris- Association of Insurance Commissioners, health insurance markets. diction over civil actions involving the inter- shall update the Compendium. The Secretary ‘‘(4) NONADOPTING STATE.—The term ‘non- pretation of this part. adopting State’ means a State that is not an shall issue the updated Compendium by regulation, and such updated Compendium shall ‘‘(b) ACTIONS.—A health insurance issuer adopting State. may bring an action in the district courts of ‘‘(5) STATE BENEFIT COMPENDIUM.—The be effective upon the first plan year following the issuance of such regulation. the United States for injunctive or other eq- term ‘State Benefit Compendium’ means the uitable relief against a nonadopting State in ‘‘SEC. 2923. APPLICATION AND PREEMPTION. Compendium issued under section 2922. connection with the application of a State ‘‘(a) SUPERCEDING OF STATE LAW.— ‘‘(6) STATE LAW.—The term ‘State law’ law that violates this part. ‘‘(1) IN GENERAL.—This part shall supersede means all laws, decisions, rules, regulations, ‘‘(c) VIOLATIONS OF SECTION 2923.—In the or other State actions (including actions by any and all State laws (whether enacted prior to or after the date of enactment of case of a nonadopting State that is in viola- a State agency) having the effect of law, of tion of section 2923(a)(2), a health insurance any State. this title) insofar as such laws relate to benefit, service, or provider mandates in the issuer may bring an action in the district ‘‘SEC. 2922. OFFERING LOWER COST PLANS. health insurance market as applied to an eli- courts of the United States for damages ‘‘(a) LIST OF REQUIRED BENEFITS.—Not against the nonadopting State and, if the later than 3 months after the date of enact- gible insurer, or health insurance coverage issued by an eligible insurer, in a non- health insurance issuer prevails in such ac- ment of this title, the Secretary shall issue tion, the district court shall award the by interim final rule a list (to be known as adopting State. ‘‘(2) NONADOPTING STATES.—This part shall health insurance issuer its reasonable attor- the ‘List of Required Benefits’) of the ben- neys fees and costs.’’. efit, service, and provider mandates that are supersede any and all State laws of a non- required to be provided by health insurance adopting State (whether enacted prior to or TITLE III—HARMONIZATION OF HEALTH issuers in at least 45 States as a result of the after the date of enactment of this title) in- INSURANCE LAWS application of State benefit, service, and pro- sofar as such laws— SEC. 301. HEALTH INSURANCE REGULATORY vider mandate laws. ‘‘(A) prohibit an eligible insurer from offer- HARMONIZATION. ‘‘(b) STATE BENEFIT COMPENDIUM.— ing coverage consistent with the State Ben- Title XXIX of the Public Health Service ‘‘(1) VARIANCE.—Not later than 12 months efit Compendium, as provided for in section Act (as added by section 201) is amended by after the date of enactment of this title, the 2922(a), in a nonadopting State; or adding at the end the following: ‘‘(B) discriminate against or among eligi- Secretary shall issue by interim final rule a ‘‘Subtitle B—Regulatory Harmonization compendium (to be known as the ‘State Ben- ble insurers offering or seeking to offer efit Compendium’) of harmonized descrip- health insurance coverage consistent with ‘‘SEC. 2931. DEFINITIONS. tions of the benefit, service, and provider the State Benefit Compendium in a non- ‘‘In this subtitle: mandates identified under subsection (a). In adopting State. ‘‘(1) ACCESS.—The term ‘access’ means any developing the Compendium, with respect to ‘‘(b) SAVINGS CLAUSE AND CONSTRUCTION.— requirements of State law that regulate the differences in State mandate laws identified ‘‘(1) NONAPPLICATION TO ADOPTING STATES.— following elements of access: under subsection (a) relating to similar bene- Subsection (a) shall not apply with respect ‘‘(A) Renewability of coverage. fits, services, or providers, the Secretary to adopting States. ‘‘(B) Guaranteed issuance as provided for shall review and define the scope and appli- ‘‘(2) NONAPPLICATION TO CERTAIN INSUR- in title XXVII. cation of such State laws so that a common ERS.—Subsection (a) shall not apply with re- ‘‘(C) Guaranteed issue for individuals not approach shall be applicable under such spect to insurers that do not qualify as eligi- eligible under subparagraph (B). Compendium in a uniform manner. In mak- ble insurers who offer health insurance cov- ‘‘(D) High risk pools. ing such determination, the Secretary shall erage in a nonadopting State. ‘‘(E) Pre-existing conditions limitations. adopt an approach reflective of the approach ‘‘(3) NONAPPLICATION WHERE OBTAINING RE- ‘‘(2) ADOPTING STATE.—The term ‘adopting used by a plurality of the States requiring LIEF UNDER STATE LAW.—Subsection (a)(1) State’ means a State that has enacted the such benefit, service, or provider mandate. shall not apply to any State law of a non- harmonized standards adopted under this adopting State to the extent necessary to subtitle in their entirety and as the exclu- ‘‘(2) EFFECT.—The State Benefit Compen- dium shall provide that any State benefit, permit individuals or the insurance depart- sive laws of the State that relate to the har- service, and provider mandate law (enacted ment of the State (or other State agency) to monized standards. prior to or after the date of enactment of obtain relief under State law to require an ‘‘(3) ELIGIBLE INSURER.—The term ‘eligible this title) other than those described in the eligible insurer to comply with the terms of insurer’ means a health insurance issuer Compendium shall not be binding on health the group health insurance coverage issued that is licensed in a nonadopting State and insurance issuers in an adopting State. in a nonadopting State. In no case shall this that— paragraph, or any other provision of this ‘‘(A) notifies the Secretary, not later than ‘‘(3) IMPLEMENTATION.—The effective date of the State Benefit Compendium shall be title, be construed to create a cause of action 30 days prior to the offering of coverage de- the later of— on behalf of an individual or any other per- scribed in this subparagraph, that the issuer ‘‘(A) the date that is 12 months from the son under State law in connection with a intends to offer health insurance coverage date of enactment of this title; or group health plan that is subject to the Em- consistent with the harmonized standards in ‘‘(B) such subsequent date on which the in- ployee Retirement Income Security Act of a nonadopting State; terim final rule for the State Benefit Com- 1974 or health insurance coverage issued in ‘‘(B) notifies the insurance department of a pendium shall be issued. connection with such plan. nonadopting State (or other State agency), ‘‘(c) NON-ASSOCIATION COVERAGE.—With re- ‘‘(4) NONAPPLICATION TO ENFORCE REQUIRE- not later than 30 days prior to the offering of spect to health insurers selling insurance to MENTS RELATING TO THE COMPENDIUM.—Sub- coverage described in this subparagraph, small employers (as defined in section section (a)(1) shall not apply to any State that the issuer intends to offer group health 808(a)(10) of the Employee Retirement In- law in a nonadopting State to the extent insurance coverage in that State consistent come Security Act of 1974), in the event the necessary to provide the insurance depart- with the State Benefit Compendium, and Secretary fails to issue the State Benefit ment of the State (or other state agency) au- provides with such notice a copy of any in- Compendium within 12 months of the date of thority to enforce State law requirements surance policy that it intends to offer in the enactment of this title, the required scope relating to the State Benefit Compendium State, its most recent annual and quarterly and application for each benefit or service that are not set forth in the terms of the financial reports, and any other information listed in the List of Required Benefits shall, group health insurance coverage issued in a required to be filed with the insurance de- other than with respect to insurance issued nonadopting State, in a manner that is con- partment of the State (or other State agen- to a Small Business Health Plan, be— sistent with the State Benefit Compendium cy) by the Secretary in regulations; and ‘‘(1) if the State in which the insurer issues and imposes no greater duties or obligations ‘‘(C) includes in the terms of the health in- a policy mandates such benefit or service, on health insurance issuers than the State surance coverage offered in nonadopting the scope and application required by such Benefit Compendium. States (including in the terms of any indi- State; or ‘‘(5) NONAPPLICATION TO SUBSECTION (A)(2).— vidual certificates that may be offered to in- ‘‘(2) if the State in which the insurer issues Paragraphs (3) and (4) shall not apply with dividuals in connection with such group a policy does not mandate such benefit or respect to subsection (a)(2). health coverage) and filed with the State

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.101 S02NOPT1 S12250 CONGRESSIONAL RECORD — SENATE November 2, 2005 pursuant to subparagraph (B), a description shall be a Republican, and of which one shall ment and the Commission shall recommend of the harmonized standards published pur- be designated as the chairperson and one the Federal requirement as the harmonized suant to section 2932(g)(2) and an affirmation shall be designated as the vice chairperson. standard for such elements. that such standards are a term of the con- ‘‘(B) Two representatives of State govern- ‘‘(d) RECOMMENDATIONS AND ADOPTION BY tract. ment, one of which shall be a governor of a SECRETARY.— State and one of which shall be a State legis- ‘‘(4) HARMONIZED STANDARDS.—The term ‘‘(1) RECOMMENDATIONS.—Not later than 1 ‘harmonized standards’ means the standards lator, and one of which shall be a Democrat year after the date of enactment of this title, adopted by the Secretary under section and one of which shall be a Republican. the Commission shall recommend to the Sec- 2932(d). ‘‘(C) Two representatives of employers, of retary the adoption of the harmonized stand- ‘‘(5) HEALTH INSURANCE COVERAGE.—The which one shall represent small employers ards identified pursuant to subsection (c). and one shall represent large employers. term ‘health insurance coverage’ means any ‘‘(2) REGULATIONS.—Not later than 120 days ‘‘(D) Two representatives of health insur- coverage issued in the health insurance mar- after receipt of the Commission’s rec- ers, of which one shall represent insurers ket. ommendations under paragraph (1), the Sec- that offer coverage in all markets (including ‘‘(6) NONADOPTING STATE.—The term ‘non- retary shall issue final regulations adopting individual, small, and large markets), and adopting State’ means a State that fails to the recommended harmonized standards. If one shall represent insurers that offer cov- enact, within 2 years of the date in which the Secretary finds the recommended stand- erage in the small market. final regulations are issued by the Secretary ards for an element of an area to be arbi- ‘‘(E) Two representatives of consumer or- adopting the harmonized standards under trary and inconsistent with the plurality re- ganizations. this subtitle, the harmonized standards in quirements of this section, the Secretary ‘‘(F) Two representatives of insurance their entirety and as the exclusive laws of may issue a unique harmonized standard agents and brokers. the State that relate to the harmonized only for such element through the applica- standards. ‘‘(G) Two representatives of healthcare providers. tion of a process similar to the process set ‘‘(7) PATIENT PROTECTIONS.—The term ‘pa- forth in subsection (c) and through the tient protections’ means any requirement of ‘‘(H) Two independent representatives of the American Academy of Actuaries who issuance of proposed and final regulations. State law that regulate the following ele- ‘‘(3) EFFECTIVE DATE.—The regulations ments of patient protections: have familiarity with the actuarial methods applicable to health insurance. issued by the Secretary under paragraph (2) ‘‘(A) Internal appeals. shall be effective on the date that is 2 years ‘‘(B) External appeals. ‘‘(I) One administrator of a qualified high risk pool. after the date on which such regulations ‘‘(C) Direct access to providers. were issued. ‘‘(D) Prompt payment of claims. ‘‘(3) TERMS.—The members of the Commis- ‘‘(E) Utilization review. sion shall serve for the duration of the Com- ‘‘(e) TERMINATION.—The Commission shall ‘‘(F) Marketing standards. mission. The Secretary shall fill vacancies in terminate and be dissolved after making the the Commission as needed and in a manner recommendations to the Secretary pursuant ‘‘(8) PLURALITY REQUIREMENT.—The term ‘plurality requirement’ means the most com- consistent with the composition described in to subsection (d)(1). paragraph (2). mon substantially similar requirements for ‘‘(f) UPDATED HARMONIZED STANDARDS.— ‘‘(b) DEVELOPMENT OF HARMONIZED STAND- elements within each area described in sec- ‘‘(1) IN GENERAL.—Not later than 2 years ARDS.— tion 2932(b)(1). after the termination of the Commission ‘‘(1) IN GENERAL.—In accordance with the under subsection (e), and every 2 years there- ‘‘(9) RATING.—The term ‘rating’ means, at process described in subsection (c), the Com- after, the Secretary shall update the har- the time of issuance or renewal, require- mission shall identify and recommend na- monized standards. Such updated standards ments of State law the regulate the fol- tionally harmonized standards for the small shall be adopted in accordance with para- lowing elements of rating: group health insurance market, the indi- ‘‘(A) Limits on the types of variations in vidual health insurance market, and the graph (2). PDATING OF STANDARDS.— rates based on health status. large group health insurance market that re- ‘‘(2) U ‘‘(A) IN GENERAL.—The Secretary shall re- ‘‘(B) Limits on the types of variations in late to the following areas: view all State laws that regulate insurance rates based on age and gender. ‘‘(A) Rating. in each of the markets and elements of areas ‘‘(C) Limits on the types of variations in ‘‘(B) Access to coverage. set forth in subsection (b)(1) and identify rates based on geography, industry and ‘‘(C) Patient protections. group size. whether a plurality of States have adopted ‘‘(2) RECOMMENDATIONS.—The Commission ‘‘(D) Periods of time during which rates are shall recommend separate harmonized stand- substantially similar requirements that dif- guaranteed. ards with respect to each of the three insur- fer from the harmonized standards adopted ‘‘(E) The review and approval of rates. ance markets described in paragraph (1) and by the Secretary pursuant to subsection (d). ‘‘(F) The establishment of classes or blocks separate standards for each element of the In such case, the Secretary shall consider of business. areas described in subparagraph (A) through State laws that have been enacted with ef- ‘‘(G) The use of actuarial justifications for (C) of such paragraph within each such mar- fective dates that are contingent upon adop- rate variations. ket. Notwithstanding the previous sentence, tion as a harmonized standard by the Sec- ‘‘(10) STATE LAW.—The term ‘State law’ the Commission shall not recommend any retary. Substantially similar requirements means all laws, decisions, rules, regulations, harmonized standards that disrupt, expand, for each element within such area shall be or other State actions (including actions by or duplicate the benefit, service, or provider considered to be an updated harmonized a State agency) having the effect of law, of mandate standards provided in the State standard for such an area. EPORT.—The Secretary shall request any State. Benefit Compendium pursuant to section ‘‘(B) R the National Association of Insurance Com- ‘‘(11) SUBSTANTIALLY SIMILAR.—The term 2922(a). ‘substantially similar’ means a requirement ‘‘(c) PROCESS FOR IDENTIFYING HARMONIZED missioners to issue a report to the Secretary of State law applicable to an element of an STANDARDS.— every 2 years to assist the Secretary in iden- area identified in section 2932 that is similar ‘‘(1) IN GENERAL.—The Commission shall tifying the updated harmonized standards in most material respects. Where the most develop recommendations to harmonize in- under this paragraph. Nothing in this sub- common State action with respect to an ele- consistent State insurance laws with the paragraph shall be construed to prohibit the ment is to adopt no requirement for an ele- laws adopted in a plurality of the States. In Secretary from issuing updated harmonized ment of an area identified in such section carrying out the previous sentence, the Com- standards in the absence of such a report. 2932, the plurality requirement shall be mission shall review all State laws that reg- ‘‘(C) REGULATIONS.—The Secretary shall deemed to impose no requirements for such ulate insurance in each of the insurance issue regulations adopting updated har- element. markets and areas described in subsection monized standards under this paragraph ‘‘SEC. 2932. HARMONIZED STANDARDS. (b)(1) and identify the plurality requirement within 90 days of identifying such standards. ‘‘(a) COMMISSION.— within each element of such areas. Such plu- Such regulations shall be effective beginning ‘‘(1) ESTABLISHMENT.—The Secretary, in rality requirement shall be the harmonized on the date that is 2 years after the date on consultation with the NAIC, shall establish standard for such area in each such market. which such regulations are issued. the Commission on Health Insurance Stand- ‘‘(2) CONSULTATION.—The Commission shall ‘‘(g) PUBLICATION.— ards Harmonization (referred to in this sub- consult with the National Association of In- ‘‘(1) LISTING.—The Secretary shall main- title as the ‘Commission’) to develop rec- surance Commissioners in identifying the tain an up to date listing of all harmonized ommendations that harmonize inconsistent plurality requirements for each element standards adopted under this section on the State health insurance laws in accordance within the area and in recommending the Internet website of the Department of with the laws adopted in a plurality of the harmonized standards. Health and Human Services. States. ‘‘(3) REVIEW OF FEDERAL LAWS.—The Com- ‘‘(2) SAMPLE CONTRACT LANGUAGE.—The ‘‘(2) COMPOSITION.—The Commission shall mission shall review whether any Federal Secretary shall publish on the Internet be composed of the following individuals to law imposes a requirement relating to the website of the Department of Health and be appointed by the Secretary: markets and areas described in subsection Human Services sample contract language ‘‘(A) Two State insurance commissioners, (b)(1). In such case, such Federal require- that incorporates the harmonized standards of which one shall be a Democrat and one ment shall be deemed the plurality require- adopted under this section, which may be

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.101 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12251 used by insurers seeking to qualify as an eli- ‘‘(c) EFFECTIVE DATE.—This section shall ‘‘cherry-picking’’ and adverse selection gible insurer. The types of harmonized stand- apply beginning on the date that is 2 years problems. The bill does not allow asso- ards that shall be included in sample con- after the date on which final regulations are ciation health plans to abide by less tract language are the standards that are issued by the Secretary under this subtitle comprehensive rules and under mini- relevant to the contractual bargain between adopting the harmonized standards. mal oversight by the U.S. Department the insurer and insured. ‘‘SEC. 2934. CIVIL ACTIONS AND JURISDICTION. of Labor—which would allow these ‘‘(h) STATE ADOPTION AND ENFORCEMENT.— ‘‘(a) IN GENERAL.—The district courts of Not later than 2 years after the issuance by the United States shall have exclusive juris- plans to attract only young and the Secretary of final regulations adopting diction over civil actions involving the inter- healthy groups while increasing costs harmonized standards under this section, the pretation of this subtitle. for the vast majority of small busi- States may adopt such harmonized standards ‘‘(b) ACTIONS.—A health insurance issuer nesses and their workers. (and become an adopting State) and, in may bring an action in the district courts of I applaud the effort of Senator ENZI which case, shall enforce the harmonized the United States for injunctive or other eq- and his talented staff and am pleased standards pursuant to State law. uitable relief against a nonadopting State in to introduce the bill. However, I also connection with the application of a State ‘‘SEC. 2933. APPLICATION AND PREEMPTION. recognize that is not a perfect solution; ‘‘(a) SUPERCEDING OF STATE LAW.— law that violates this subtitle. ‘‘(1) IN GENERAL.—The harmonized stand- ‘‘(c) VIOLATIONS OF SECTION 2933.—In the nor is it a panacea for all the problems ards adopted under this subtitle shall super- case of a nonadopting State that is in viola- facing our health care system. sede any and all State laws (whether enacted tion of section 2933(a)(2), a health insurance I look forward to working with Sen- prior to or after the date of enactment of issuer may bring an action in the district ator ENZI to assure that the bill pre- this title) insofar as such State laws relate courts of the United States for damages serves comprehensive and high-quality to the areas of harmonized standards as ap- against the nonadopting State and, if the benefits while, at the same time, allow- plied to an eligible insurer, or health insur- health insurance issuer prevails in such ac- ing small businesses to have access to tion, the district court shall award the ance coverage issued by a eligible insurer, in affordable coverage. a nonadopting State. health insurance issuer its reasonable attor- ‘‘(2) NONADOPTING STATES.—This subtitle neys fees and costs. f shall supersede any and all State laws of a ‘‘SEC. 2935. AUTHORIZATION OF APPROPRIA- nonadopting State (whether enacted prior to TIONS. SUBMITTED RESOLUTIONS or after the date of enactment of this title) ‘‘There are authorized to be appropriated insofar as they may— such sums as may be necessary to carry out ‘‘(A) prohibit an eligible insurer from offer- this subtitle.’’. SENATE RESOLUTION 294—EX- ing coverage consistent with the harmonized Mr. NELSON of Nebraska. Mr. Presi- PRESSING THE SENSE OF THE standards in the nonadopting State; or dent, I am pleased to join with my good SENATE ON THE RETENTION OF ‘‘(B) discriminate against or among eligi- friend, Chairman MIKE ENZI, in intro- THE FEDERAL TAX DEDUCTION ble insurers offering or seeking to offer ducing the Health Insurance Market- FOR STATE AND LOCAL TAXES health insurance coverage consistent with place Modernization and Affordability the harmonized standards in the non- PAID adopting State. Act. This legislation will help bring Mr. SCHUMER (for himself, Mr. LAU- ‘‘(b) SAVINGS CLAUSE AND CONSTRUCTION.— much-needed relief to small businesses TENBERG URBIN LINTON ‘‘(1) NONAPPLICATION TO ADOPTING STATES.— who are struggling to afford health in- , Mr. D , Mrs. C , Subsection (a) shall not apply with respect surance coverage for their employees. Mr. CORZINE, Mr. SALAZAR, Mr. KEN- to adopting States. The affordability of health insurance NEDY, Mr. LIEBERMAN, Mrs. FEINSTEIN, ‘‘(2) NONAPPLICATION TO CERTAIN INSUR- coverage is a major problem facing Mr. DODD, Mr. KERRY, Mr. OBAMA, Mrs. ERS.—Subsection (a) shall not apply with re- America’s businesses and consumers. BOXER, Mr. FEINGOLD, Mr. KOHL, and spect to insurers that do not qualify as eligi- According to the Kaiser Family Foun- Ms. STABENOW) submitted the following ble insurers who offer health insurance cov- dation, health insurance premiums for resolution; which was referred to the erage in a nonadopting State. Committee on Finance: ‘‘(3) NONAPPLICATION WHERE OBTAINING RE- businesses rose 9.2 percent last year. LIEF UNDER STATE LAW.—Subsection (a)(1) While health care cost increases have S. RES. 294 shall not apply to any State law of a non- subsided somewhat, premium increases Whereas no American should be unneces- adopting State to the extent necessary to for last year alone were more than 3 sarily or excessively burdened with addi- permit individuals or the insurance depart- times the growth in workers’ wages tional taxes; ment of the State (or other State agency) to and two-and-a-half times the rate of in- Whereas the Federal income tax has grown obtain relief under State law to require an flation. more complicated and unmanageable over eligible insurer to comply with the terms of time, imposing burdensome administrative the health insurance coverage issued in a This legislation helps address the and compliance costs on American tax- nonadopting State. In no case shall this problem of rising health care costs. By payers; paragraph, or any other provision of this providing small businesses with more Whereas on January 7, 2005, President subtitle, be construed to permit a cause of ability to pool and by harmonizing and George W. Bush created the President’s Ad- action on behalf of an individual or any streamlining insurance regulations, visory Panel on Federal Tax Reform (the other person under State law in connection this bill will help reduce the cost of ‘‘Panel’’) via Executive Order 13369; with a group health plan that is subject to coverage for small businesses. By low- Whereas the Panel was tasked with pro- the Employee Retirement Income Security ering costs, this bill holds promise in viding several options for Federal tax reform Act of 1974 or health insurance coverage that would simplify Federal tax laws, retain issued in connection with such plan. reducing the number of working Amer- progressivity, and promote long-run eco- ‘‘(4) NONAPPLICATION TO ENFORCE REQUIRE- icans who lack health insurance cov- nomic growth and job creation; MENTS RELATING TO THE COMPENDIUM.—Sub- erage. Our legislation will help reduce Whereas in its final report, released pub- section (a)(1) shall not apply to any State costs in a balanced and carefully tar- licly on November 1, 2005, the Panel rec- law in a nonadopting State to the extent geted manner while avoiding some of ommended the complete repeal of the Fed- necessary to provide the insurance depart- the problems that other proposals have eral deduction for State and local taxes, as a ment of the State (or other state agency) au- raised. central component of both the ‘‘Simplified thority to enforce State law requirements In contrast to other proposals, such Income Tax Plan’’ and the ‘‘Growth and In- relating to the harmonized standards that as Association Health Plans (AHP), our vestment Tax Plan’’; are not set forth in the terms of the health Whereas State and local taxes have been insurance coverage issued in a nonadopting bill retains State-based regulation and deductible from the Federal income tax since State, in a manner that is consistent with oversight. State-based oversight and the inception of the Federal income tax in the harmonized standards and imposes no enforcement is critical to protecting 1913; greater duties or obligations on health insur- consumers. Unlike other AHP bills, as- Whereas eliminating the deduction for ance issuers than the harmonized standards. sociations cannot self insure and be State and local taxes would create a new ‘‘(5) NONAPPLICATION TO SUBSECTION (A)(2).— outside of State oversight. As a former form of double taxation at a time where ef- Paragraphs (3) and (4) shall not apply with insurance director, this issue is critical forts are being made to reduce other forms of respect to subsection (a)(2). for my support. double taxation, since repeal would require ‘‘(6) NO AFFECT ON PREEMPTION.—In no case millions of taxpayers to pay Federal taxes on shall this subsection be construed to affect Moreover, the bill maintains a level income that is also taxed at the State or the scope of the preemption provided for playing field in the health insurance local level; under the Employee Retirement Income Se- marketplace by avoiding harmful pro- Whereas Congress has recently taken steps curity Act of 1974. visions that would have led to rampant to expand, rather than cut back, the State

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.101 S02NOPT1 S12252 CONGRESSIONAL RECORD — SENATE November 2, 2005 and local tax deduction, by reinstating a de- (13) In Minnesota, 969,000 taxpayers de- that included a raid of its offices and seizure duction for State sales taxes for some tax- ducted a total of $7,060,000,000, thereby sav- of its records; payers (previously repealed as part of the ing Minnesota taxpayers approximately Whereas Sanjar Umarov was reportedly Tax Reform Act of 1986), as part of the Amer- $1,980,000,000 in Federal income taxes. charged with grand larceny; ican Jobs Creation Act of 2004; (14) In Wisconsin, 961,000 taxpayers de- Whereas press accounts report that rep- Whereas there is some concern, as noted by ducted a total of $8,000,000,000, thereby sav- resentatives of Sanjar Umarov claim that the nonpartisan Urban-Brookings Tax Policy ing Wisconsin taxpayers approximately Mr. Umarov was drugged and abused while at Center, that eliminating the deduction could $2,240,000,000 in Federal income taxes. his pretrial confinement center in Tashkent, ‘‘lower support for public services and lead (15) In Colorado, 856,000 taxpayers deducted Uzbekistan, but such accounts could not be to a ‘race to the bottom’ in terms of State a total of $4,570,000,000, thereby saving Colo- immediately confirmed, and official informa- and local expenditures as States compete to rado taxpayers approximately $1,280,000,000 tion about the health, whereabouts, and have the lowest taxes in order to attract in Federal income taxes. treatment while in custody of Mr. Umarov higher-income households’’; (16) In Arizona, 841,000 taxpayers deducted has thus far been unavailable; Whereas the deduction for State and local a total of $4,110,000,000, thereby saving Ari- Whereas the United States has expressed taxes is not just a concern for a small minor- zona taxpayers approximately $1,150,000,000 its serious concern regarding the overall ity of taxpayers in the largest States, as 22 in Federal income taxes. state of human rights in Uzbekistan and is States saw more than one-third of their tax- (17) In Indiana, 832,000 taxpayers deducted seeking to clarify the facts of this case; payers take the deduction in 2003, the latest a total of $4,530,000,000, thereby saving Indi- Whereas the European Union (EU) and the year for which data is available (Maryland, ana taxpayers approximately $1,270,000,000 in Organization for Security and Cooperation in New Jersey, Connecticut, Colorado, Oregon, Federal income taxes. Europe (OSCE) have expressed concern about Minnesota, Massachusetts, Virginia, Utah, (18) In Missouri, 772,000 taxpayers deducted the arrest and possible abuse of Sanjar California, Georgia, New York, Wisconsin, a total of $4,890,000,000, thereby saving Mis- Umarov; and Arizona, Rhode Island, Michigan, Delaware, souri taxpayers approximately $1,370,000,000 Whereas the Government of Uzbekistan is North Carolina, Illinois, New Hampshire, Ne- in Federal income taxes. party to various treaty obligations, and in vada, and Idaho (ranked in order of the per- (19) In Connecticut, 713,000 taxpayers de- particular those under the International centage of taxpayers affected)); ducted a total of $7,970,000,000, thereby sav- Covenant on Civil and Political Rights, Whereas in tax year 2003, 43,538,000 tax- ing Connecticut taxpayers approximately which obligate governments to provide for payers in the United States took advantage $2,230,000,000 in Federal income taxes. due process in criminal cases: Now, thereof the Federal deduction for State and local (20) In Oregon, 641,000 taxpayers deducted a fore, be it taxes, deducting a total of $315,690,000,000, total of $5,100,000,000, thereby saving Oregon Resolved, That it is the sense of the Senate thereby saving taxpayers in the United taxpayers approximately $1,430,000,000 in that— States approximately $88,390,000,000 in Fed- Federal income taxes. (1) the law enforcement and judicial au- eral income taxes, assuming an average mar- (21) In South Carolina, 574,000 taxpayers thorities of Uzbekistan should ensure that ginal rate of 28 percent for taxpayers who deducted a total of $3,390,000,000, thereby sav- Sanjar Umarov is accorded the full measure itemize; and ing South Carolina taxpayers approximately of his rights under the Uzbekistan Constitu- Whereas in tax year 2003, the top 25 States $949,000,000 in Federal income taxes. tion to defend himself against any and all ranked by the number of taxpayers affected (22) In Alabama, 538,000 taxpayers deducted charges that may be brought against him, in represented 77 percent of the taxpayers af- a total of $2,090,000,000, thereby saving Ala- a fair and transparent process, so that indi- fected nationally, and took 85 percent of the bama taxpayers approximately $586,000,000 in vidual justice may be done; total deductions for State and local taxes, as Federal income taxes. (2) the Government of Uzbekistan should detailed below: (23) In Kentucky, 515,000 taxpayers de- observe its various treaty obligations, espe- (1) In California, 5,807,000 taxpayers deducted a total of $3,300,000,000, thereby sav- cially those under the International Cov- ducted a total of $54,920,000,000, thereby saving Kentucky taxpayers approximately enant on Civil and Political Rights, which ing California taxpayers approximately $925,000,000 in Federal income taxes. obligate governments to provide for due $15,380,000,000 in Federal income taxes. (24) In Oklahoma, 434,000 taxpayers de- process in criminal cases; and (2) In New York, 3,228,000 taxpayers deducted a total of $2,320,000,000, thereby sav- (3) the Government of Uzbekistan should ducted a total of $37,600,000,000, thereby saving Oklahoma taxpayers approximately publicly clarify the charges against Sanjar ing New York taxpayers approximately $650,000,000 in Federal income taxes. Umarov, his current condition, and his $10,530,000,000 in Federal income taxes. (25) In Iowa, 397,000 taxpayers deducted a whereabouts. (3) In Illinois, 1,994,000 taxpayers deducted total of $2,510,000,000, thereby saving Iowa a total of $13,720,000,000, thereby saving Illi- taxpayers approximately $702,000,000 in Fed- f nois taxpayers approximately $3,840,000,000 in eral income taxes: Federal income taxes. Now, therefore, be it SENATE RESOLUTION 296—HON- (4) In Ohio, 1,809,000 taxpayers deducted a Resolved, That it is the sense of the Senate ORING THE LIFE OF AND EX- total of $12,720,000,000, thereby saving Ohio that Congress should not repeal or substan- PRESSING THE CONDOLENCES OF taxpayers approximately $3,560,000,000 in tially alter the longstanding Federal tax de- THE SENATE ON THE PASSING Federal income taxes. duction for State and local taxes. OF DR. RICHARD ERRETT (5) In New Jersey, 1,791,000 taxpayers deducted a total of $18,750,000,000, thereby sav- f SMALLEY ing New Jersey taxpayers approximately SENATE RESOLUTION 295—EX- Mrs. HUTCHISON (for herself and $5,250,000,000 in Federal income taxes. PRESSING THE SENSE OF THE Mr. CORNYN) submitted the following (6) In Pennsylvania, 1,765,000 taxpayers de- resolution; which was considered and ducted a total of $12,400,000,000, thereby sav- SENATE ON THE ARREST OF ing Pennsylvania taxpayers approximately SANJAR UMAROV IN UZBEK agreed to: $3,470,000,000 billion in Federal income taxes. ISTAN S. RES. 296 (7) In Michigan, 1,627,000 taxpayers de- Mr. LUGAR (for himself and Mr. Whereas Dr. Richard Errett Smalley ducted a total of $10,350,000,000, thereby sav- FRIST, and Mr. MCCAIN) submitted the opened the field of nanotechnology with his ing Michigan taxpayers approximately 1985 discovery of a new form of carbon mol- $2,900,000,000 in Federal income taxes. following resolution; which was considered and agreed to: ecules called ‘‘buckyballs’’, and for this, in (8) In Georgia, 1,416,000 taxpayers deducted 1996, the Royal Swedish Academy of Sciences a total of $8,720,000,000, thereby saving Geor- S. RES. 295 awarded him the Nobel Prize in Chemistry gia taxpayers approximately $2,440,000,000 in Whereas the United States supports the de- along with Dr. Robert Curl and Sir Harold Federal income taxes. velopment of democracy, free markets, and Kroto; (9) In Virginia, 1,355,000 taxpayers deducted civil society in Uzbekistan and in other Whereas the research and advocacy done a total of $9,630,000,000, thereby saving Vir- ginia taxpayers approximately $2,700,000,000 states in Central Asia; by Dr. Smalley in support of the National in Federal income taxes. Whereas the rule of law, the impartial ap- Nanotechnology Initiative led to the devel- (10) In North Carolina, 1,304,000 taxpayers plication of the law, and equal justice for all opment of a revolutionary area of science deducted a total of $8,720,000,000, thereby sav- courts of law are pillars of all democratic so- that will improve materials and devices in ing North Carolina taxpayers approximately cieties; fields ranging from medicine to energy to $2,440,000,000 in Federal income taxes. Whereas Sanjar Umarov was reportedly ar- National defense; (11) In Maryland, 1,260,000 taxpayers de- rested in Tashkent, Uzbekistan, on October Whereas the accomplishments of Dr. ducted a total of $10,410,000,000, thereby sav- 22, 2005; Smalley in the field of nanotechnology have ing Maryland taxpayers approximately Whereas Sanjar Umarov is a businessman contributed greatly to the academic and re- $2,920,000,000 in Federal income taxes. and leader of the Uzbek opposition party, search communities of Rice University, the (12) In Massachusetts, 1,216,000 taxpayers Sunshine Coalition; State of Texas, and the United States of deducted a total of $10,840,000,000, thereby Whereas Sanjar Umarov was reportedly America; saving Massachusetts taxpayers approxi- taken into custody on October 22, 2005, dur- Whereas Dr. Smalley has been described as mately $3,040,000,000 in Federal income taxes. ing a crackdown on the Sunshine Coalition a ‘‘Moses’’ in the field of nanotechnology;

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.109 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12253 Whereas Dr. Smalley is credited with being embodied the principle that 1 person can SA 2372. Mrs. MURRAY (for herself, Mr. the ‘‘Father of Nanotechnology’’; change the world, and the creation of the ROCKEFELLER, Mr. BINGAMAN, Mr. KENNEDY, Whereas Dr. Smalley is considered by Neal Gaylord Nelson Wilderness is a small, but Mrs. CLINTON, Mr. LAUTENBERG, and Mr. Lane, a former Presidential science adviser, fitting, recognition of his efforts: Now, KOHL) proposed an amendment to the bill S. as ‘‘a real civic scientist, one who not only therefore, be it 1932, supra. [did] great science, but [used] that knowl- Resolved, That the Senate— SA 2373. Mr. REED (for himself, Ms. COL- edge and fame to do good, to benefit society, (1) recognizes the Honorable Gaylord Nel- LINS, Mr. KENNEDY, Mr. KERRY, Mr. ROCKE- and to try and educate the public’’; son’s environmental legacy; FELLER, Mr. SCHUMER, Mr. LIEBERMAN, Ms. Whereas Dr. Smalley devoted his talent to (2) celebrates the dedication of the Gaylord MIKULSKI, Mr. KOHL, and Mr. SALAZAR) sub- employ nanotechnology to solve the global Nelson Wilderness within the Apostle Islands mitted an amendment intended to be pro- energy problem, which he believed could ul- National Lakeshore; and posed by him to the bill S. 1932, supra; which timately solve other global problems such as (3) requests that the Secretary of the Sen- was ordered to lie on the table. hunger and water shortages; ate transmit an enrolled copy of this resolu- SA 2374. Mr. BAUCUS submitted an amend- Whereas the dedication and devotion of Dr. tion to the family of the Senator. ment intended to be proposed by him to the bill S. 1932, supra; which was ordered to lie Smalley to science led to his receipt of nu- f merous awards and honors, including the on the table. SA 2375. Mr. BAUCUS submitted an amend- Distinguished Public Service Medal from the AMENDMENTS SUBMITTED AND ment intended to be proposed by him to the United States Department of the Navy and PROPOSED bill S. 1932, supra; which was ordered to lie the Lifetime Achievement Award from Small SA 2358. Ms. CANTWELL (for herself, Mr. on the table. Times Magazine; FEINGOLD, Mr. DAYTON, Mr. LIEBERMAN, Mr. SA 2376. Mr. BAUCUS submitted an amend- Whereas Dr. Smalley, along with Nobel KERRY, Ms. COLLINS, Ms. MIKULSKI, Mr. JEF- ment intended to be proposed by him to the Laureate Michael Brown, was a founding co- FORDS, Mr. DURBIN, Mr. SALAZAR, Mrs. MUR- bill S. 1932, supra; which was ordered to lie chairman of the Texas Academy of Medicine, RAY, Mrs. CLINTON, Mrs. BOXER, Ms. SNOWE, on the table. Engineering, and Science, which was founded and Mr. WYDEN) proposed an amendment to SA 2377. Mr. COLEMAN (for himself, Mr. to further enhance research in Texas; and the bill S. 1932, to provide for reconciliation KENNEDY, Mr. BAYH, and Mrs. CLINTON) sub- Whereas the legacy of Dr. Smalley will pursuant to section 202(a) of the concurrent mitted an amendment intended to be pro- continue to grow as scientists build upon his resolution on the budget for fiscal year 2006 posed by him to the bill S. 1932, supra; which work and reap the benefits of his discoveries: (H. Con. Res. 95). was ordered to lie on the table. Now, therefore, be it SA 2359. Mr. GRASSLEY (for himself, Mr. SA 2378. Mr. SPECTER (for himself and Resolved, That the Senate honors the life DORGAN, Mr. ENZI, Mr. HARKIN, Mr. HAGEL, Mr. LEAHY) submitted an amendment in- and accomplishments of Dr. Richard Errett Mr. JOHNSON, Mr. BROWNBACK, Mr. THUNE, tended to be proposed by him to the bill S. Smalley and expresses its condolences on his 1932, supra; which was ordered to lie on the passing. Mr. FEINGOLD, Mr. CONRAD, Mr. THOMAS, Mrs. CLINTON, and Mr. NELSON, of Nebraska) sub- table. f mitted an amendment intended to be pro- SA 2379. Mrs. FEINSTEIN (for herself, Mrs. HUTCHISON, Mrs. BOXER, Mrs. MURRAY, Mr. posed by him to the bill S. 1932, supra. SENATE RESOLUTION 297—MARK- LAUTENBERG, Mr. SCHUMER, Mr. CORZINE, and SA 2360. Mr. LOTT (for himself, Mr. LAU- ING THE DEDICATION OF THE Ms. CANTWELL) submitted an amendment in- TENBERG, Mr. STEVENS, Mr. INOUYE, Mr. GAYLORD NELSON WILDERNESS tended to be proposed by her to the bill S. BURNS, Mr. CARPER, Mr. SPECTER, Mrs. CLIN- 1932, supra; which was ordered to lie on the WITHIN THE APOSTLE ISLANDS TON, Mr. CHAFEE, Mr. CORZINE, Mr. SCHUMER, NATIONAL LAKESHORE table. and Mr. BIDEN) submitted an amendment in- SA 2380. Mr. LIEBERMAN submitted an Mr. FEINGOLD (for himself and Mr. tended to be proposed by him to the bill S. amendment intended to be proposed by him KOHL) submitted the following resolu- 1932, supra. to the bill S. 1932, supra; which was ordered tion; which was considered and agreed SA 2361. Mr. TALENT submitted an amend- to lie on the table. to: ment intended to be proposed by him to the SA 2381. Mr. LAUTENBERG submitted an bill S. 1932, supra; which was ordered to lie S. RES. 297 amendment intended to be proposed by him on the table. to the bill S. 1932, supra; which was ordered Whereas the Honorable Gaylord Nelson, a SA 2362. Mr. WYDEN (for himself, Mr. TAL- to lie on the table. State Senator, Governor, and United States ENT, Mr. DORGAN, Mrs. FEINSTEIN, Mr. DAY- SA 2382. Mr. BAUCUS submitted an amend- Senator from Wisconsin, devoted his life to TON, Mr. KOHL, and Mr. FEINGOLD) proposed ment intended to be proposed by him to the protecting the environment by championing an amendment to the bill S. 1932, supra. bill S. 1932, supra; which was ordered to lie issues of land protection, wildlife habitat, SA 2363. Mr. HARKIN (for himself, Mr. on the table. environmental health, and increased envi- KOHL, Mr. OBAMA, Mr. BAYH, Mr. KERRY, Mr. SA 2383. Mr. BAUCUS submitted an amend- ronmental awareness, including founding JEFFORDS, Mr. KENNEDY, Mr. DURBIN, Mr. ment intended to be proposed by him to the Earth Day; BINGAMAN, and Mr. SALAZAR) submitted an bill S. 1932, supra; which was ordered to lie Whereas the Honorable Gaylord Nelson au- amendment intended to be proposed by him on the table. thored the Apostle Islands National Lake- to the bill S. 1932, supra; which was ordered SA 2384. Mr. HARKIN submitted an amend- shore Act, which led to the protection of one to lie on the table. ment intended to be proposed by him to the of the most beautiful areas in Wisconsin and SA 2364. Mr. BINGAMAN submitted an bill S. 1932, supra; which was ordered to lie recognized the rich assemblage of natural re- amendment intended to be proposed by him on the table. sources, cultural heritage, and scenic fea- to the bill S. 1932, supra; which was ordered SA 2385. Mr. SUNUNU submitted an tures on Wisconsin’s north coast and 21 is- to lie on the table. amendment intended to be proposed by him lands of the 22-island archipelago; SA 2365. Mr. BINGAMAN (for himself, Mr. to the bill S. 1932, supra; which was ordered Whereas the Apostle Islands National ROCKEFELLER, Mrs. LINCOLN, Mr. PRYOR, and to lie on the table. Lakeshore was designated a National Park Mr. LEAHY) proposed an amendment to the SA 2386. Mr. SUNUNU (for himself and Mr. on September 26, 1970; bill S. 1932, supra. ALLEN) submitted an amendment intended to Whereas, on December 8, 2004, approxi- SA 2366. Ms. LANDRIEU submitted an be proposed by him to the bill S. 1932, supra; mately 80 percent of the Apostle Islands Na- amendment intended to be proposed by her which was ordered to lie on the table. SA 2387. Mr. SUNUNU submitted an tional Lakeshore was designated the Gaylord to the bill S. 1932, supra. amendment intended to be proposed by him Nelson Wilderness; SA 2367. Mr. BYRD proposed an amend- to the bill S. 1932, supra; which was ordered Whereas the Gaylord Nelson Wilderness ment to the bill S. 1932, supra. to lie on the table. within the Apostle Islands National Lake- SA 2368. Mr. ENSIGN (for himself, Mr. SA 2388. Mr. SUNUNU (for himself, Mr. shore provides a refuge for many species of DEMINT, Mr. SMITH, Mr. SUNUNU, and Mr. ALLEN, and Mr. DEMINT) submitted an birds, including threatened bald eagles and MCCAIN) submitted an amendment intended amendment intended to be proposed by him endangered piping plovers, herring-billed to be proposed by him to the bill S. 1932, to the bill S. 1932, supra; which was ordered gulls, double-crested cormorants, and great supra. to lie on the table. blue herons, and is a safe haven for a variety SA 2369. Mr. AKAKA submitted an amend- SA 2389. Mr. WARNER (for himself, Mr. of amphibians, such as blue-spotted salaman- ment intended to be proposed by him to the LIEBERMAN, Mr. ROBERTS, Mr. DURBIN, and ders, red-backed salamanders, gray treefrogs, bill S. 1932, supra; which was ordered to lie Mr. ALLEN) submitted an amendment in- and mink frogs, and is a sanctuary for sev- on the table. tended to be proposed by him to the bill S. eral mammals, including river otters, black SA 2370. Mr. McCAIN (for himself, Mr. 1932, supra; which was ordered to lie on the bears, snowshoe hares, and fishers; SUNUNU, and Mr. ROCKEFELLER) proposed an table. Whereas the official dedication of the Gay- amendment to the bill S. 1932, supra. SA 2390. Mr. SMITH (for himself and Mrs. lord Nelson Wilderness occurred on August 8, SA 2371. Ms. SNOWE (for herself, Mr. CLINTON) submitted an amendment intended 2005, 36 days after the Honorable Gaylord WYDEN, Mr. MCCAIN, and Ms. STABENOW) sub- to be proposed by him to the bill S. 1932, Nelson’s passing; and mitted an amendment intended to be pro- supra; which was ordered to lie on the table. Whereas the Honorable Gaylord Nelson posed by her to the bill S. 1932, supra; which SA 2391. Mr. HAGEL (for himself and Mr. changed the consciousness of our Nation and was ordered to lie on the table. SUNUNU) submitted an amendment intended

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.110 S02NOPT1 S12254 CONGRESSIONAL RECORD — SENATE November 2, 2005 to be proposed by him to the bill S. 1932, ‘‘(1) direct payments; (Public Law 99–198; 99 Stat. 1444) is amended supra; which was ordered to lie on the table. ‘‘(2) counter-cyclical payments; and in paragraphs (1) and (2)— SA 2392. Mr. GREGG proposed an amend- ‘‘(3) payments and benefits associated with (i) by striking ‘‘made to a person’’ each ment to the bill S. 1932 supra. the loan program, including gains from the place it appears and inserting ‘‘that an indi- SA 2393. Mr. LAUTENBERG submitted an forfeiture of any commodity pledged as col- vidual or entity may receive, directly or in- amendment intended to be proposed by him lateral for loans and gains from in-kind pay- directly,’’; and to the bill S. 1932, supra; which was ordered ments described in section 166 of the Federal (ii) by striking ‘‘$40,000’’ each place it ap- to lie on the table. Agriculture Improvement and Reform Act of pears and inserting ‘‘$20,000’’. SA 2394. Mr. BINGAMAN submitted an 1996 (7 U.S.C. 7286), as determined by the Sec- (C) LIMITATION ON COUNTER-CYCLICAL PAY- amendment intended to be proposed by him retary. MENTS.—Section 1001(c) of the Food Security to the bill S. 1932, supra; which was ordered ‘‘(b) REDUCTION.— Act of 1985 (Public Law 99–198; 99 Stat. 1444) to lie on the table. ‘‘(1) IN GENERAL.—Notwithstanding any is amended in paragraphs (1) and (2)— SA 2395. Mr. BINGAMAN submitted an other provision of this title, for each of the (i) by striking ‘‘made to a person’’ each amendment intended to be proposed by him 2007 through 2010 crop years for wheat, corn, place it appears and inserting ‘‘that an indi- to the bill S. 1932, supra; which was ordered grain sorghum, barley, oats, upland cotton, vidual or entity may receive, directly or in- to lie on the table. extra long staple cotton, rice, soybeans, directly,’’; and SA 2396. Mr. REED (for himself, Mr. DODD, other oilseeds, wool, mohair, honey, dry (ii) by striking ‘‘$65,000’’ each place it ap- and Mr. CORZINE) submitted an amendment peas, lentils, small chickpeas, unshorn pelts, pears and inserting ‘‘$30,000’’. intended to be proposed by him to the bill S. silage, hay, and peanuts, the Secretary shall (D) LIMITATION ON MARKETING LOAN GAINS 1932, supra; which was ordered to lie on the reduce the total amount of commodity pro- table. gram payments received by the producers on AND LOAN DEFICIENCY PAYMENTS.—Section SA 2397. Mr. SUNUNU submitted an a farm for those commodities for that crop 1001(d) of the Food Security Act of 1985 (Pub- amendment intended to be proposed by him year by an amount equal to 2.5 percent of lic Law 99–198; 99 Stat. 1444) is amended— to the bill S. 1932, supra; which was ordered that amount. (i) in paragraph (1)— to lie on the table. ‘‘(2) MILK.—During the period beginning on (I) in the matter preceding subparagraph SA 2398. Mr. BINGAMAN submitted an October 1, 2005, and ending on September 30, (A), by striking ‘‘that a person may receive’’ amendment intended to be proposed by him 2007, the Secretary shall reduce the total and inserting ‘‘that an individual or entity to the bill S. 1932, supra; which was ordered amount of payments received by producers may receive, directly or indirectly,’’; and to lie on the table. pursuant to section 1502 by an amount equal (II) by adding at the end the following: SA 2399. Mr. BINGAMAN submitted an to 2.5 percent of that amount.’’. ‘‘(C) In the case of settlement of a mar- amendment intended to be proposed by him (b) COMMODITIES.— keting assistance loan under that subtitle, to the bill S. 1932, supra; which was ordered (1) IN GENERAL.—Title I of the Farm Secu- or section 1307 of that Act, for a crop of any to lie on the table. rity and Rural Investment Act of 2002 (7 loan commodity by forfeiture, any gain rep- SA 2400. Ms. CANTWELL submitted an U.S.C. 7901 et seq.), including each amend- resented by the amount by which the loan amendment intended to be proposed by her ment made by that title, is amended by amount exceeds the repayment amount for to the bill S. 1932, supra; which was ordered striking ‘‘2007’’ each place it appears (other the loan if the loan had been settled by re- to lie on the table. than in sections 1104(f), 1304(g), and 1307(a)(6) payment instead of forfeiture. SA 2401. Mr. KENNEDY submitted an and amendments made by this title) and in- ‘‘(D) Any gain realized from the use of a amendment intended to be proposed by him serting ‘‘2011’’. commodity certificate issued by the Com- to the bill S. 1932, supra; which was ordered (2) COTTON.—Sections 1204(e)(1) and 1208(a) modity Credit Corporation, as determined by to lie on the table. of the Farm Security and Rural Investment the Secretary, including the use of a certifi- f Act of 2002 (7 U.S.C. 7934(e)(1), 7938(a)) are cate for the settlement of a marketing as- amended by striking ‘‘2008’’ each place it ap- TEXT OF AMENDMENTS sistance loan made under that subtitle or pears and inserting ‘‘2012’’. section 1307 of that Act.’’; and SA 2358. Ms. CANTWELL (for herself, (3) PAYMENT LIMITATIONS.— (ii) in paragraph (2)— Mr. FEINGOLD, Mr. DAYTON, Mr. (A) DEFINITIONS.—Section 1001(a) of the (I) in the matter preceding subparagraph LIEBERMAN, Mr. KERRY, Ms. COLLINS, Food Security Act of 1985 (Public Law 99–198; (A), by striking ‘‘that a person may receive’’ 99 Stat. 1444) is amended— Ms. MIKULSKI, Mr. JEFFORDS, Mr. DUR- and inserting ‘‘that an individual or entity (i) by redesignating paragraphs (2) and (3) BIN, Mr. SALAZAR, Mrs. MURRAY, Mrs. may receive, directly or indirectly,’’; and as paragraphs (4) and (5), respectively; and (II) by adding at the end the following: CLINTON, Mrs. BOXER, Ms. SNOWE, and (ii) by inserting after paragraph (1) the fol- ‘‘(C) In the case of settlement of a mar- Mr. WYDEN) proposed an amendment to lowing: keting assistance loan under that subtitle, the bill S. 1932, to provide for reconcili- ‘‘(2) ENTITY.— or section 1307 of that Act, for peanuts, wool, ation pursuant to section 202(a) of the ‘‘(A) IN GENERAL.—The term ‘entity’ mohair, or honey by forfeiture, any gain rep- concurrent resolution on the budget for means— resented by the amount by which the loan fiscal year 2006 (H. Con. Res. 95); as fol- ‘‘(i) an entity that (subject to the require- amount exceeds the repayment amount for lows: ments of this section and section 1001A) is el- the loan if the loan had been settled by re- igible to receive a payment under subsection payment instead of forfeiture. Beginning on page 96, strike line 16 and all (b), (c), or (d); ‘‘(D) Any gain realized from the use of a that follows through page 102, line 8. ‘‘(ii) a corporation, joint stock company, commodity certificate issued by the Com- association, limited partnership, charitable modity Credit Corporation, as determined by SA 2359. Mr. GRASSLEY (for him- organization, grantor of a revocable trust, or the Secretary, including the use of a certifi- self, Mr. DORGAN, Mr. ENZI, Mr. HAR- other similar entity (as determined by the cate for the settlement of a marketing as- KIN, Mr. HAGEL, Mr. JOHNSON, Mr. Secretary); and sistance loan made under that subtitle or BROWNBACK, Mr. THUNE, Mr. FEINGOLD, ‘‘(iii) an entity that is participating in a section 1307 of that Act.’’. Mr. CONRAD, Mr. THOMAS, Mrs. CLIN- farming operation as a partner in a general (E) PAYMENTS TO INDIVIDUAL AND ENTI- partnership or as a participant in a joint TON, and Mr. NELSON of Nebraska) sub- TIES.—Section 1001 of the Food Security Act venture. mitted an amendment intended to be of 1985 (Public Law 99–198; 99 Stat. 1444) is ‘‘(B) EXCLUSION.—Except with respect to proposed by him to the bill S. 1932, to amended— section 1001F, the term ‘entity’ does not in- (i) by striking subsection (e) and inserting provide for reconciliation pursuant to clude an entity that is a general partnership the following: section 202(a) of the concurrent resolu- or joint venture. tion on the budget for fiscal year 2006 ‘‘(3) INDIVIDUAL.—The term ‘individual’ ‘‘(e) PAYMENTS TO INDIVIDUALS AND ENTI- (H. Con. Res. 95); as follows: means— TIES.— Beginning on page 10, strike line 8 and all ‘‘(A) a natural person, and minor children ‘‘(1) INTERESTS WITHIN THE SAME ENTITY.— that follows through page 17, line 22 and in- of the natural person (as determined by the All individuals or entities that are owners of sert the following: Secretary), that (subject to the requirements an entity, including shareholders, may not SEC. 1101. REDUCTION OF COMMODITY PRO- of this section and section 1001A) is eligible collectively receive payments directly or in- GRAM PAYMENTS. to receive a payment under subsection (b), directly that are attributable to the owner- (a) IN GENERAL.—Subtitle F of title I of the (c), or (d); and ship interests in the entity for a fiscal or Farm Security and Rural Investment Act of ‘‘(B) an individual participating in a farm- corresponding crop year that exceed the lim- 2002 (7 U.S.C. 7991 et seq.) is amended by adding operation as a partner in a general part- itations established under subsections (b), ing at the end the following: nership, a participant in a joint venture, a (c), and (d). ‘‘SEC. 1619. REDUCTION OF COMMODITY PRO- grantor of a revocable trust, or a participant ‘‘(2) ALL INTERESTS OF AN INDIVIDUAL OR EN- GRAM PAYMENTS. in a similar entity (as determined by the TITY.—An individual or entity may not re- ‘‘(a) DEFINITION OF COMMODITY PROGRAM Secretary).’’. ceive, directly or indirectly, through all PAYMENTS.—In this section, the term ‘com- (B) LIMITATION ON DIRECT PAYMENTS.—Sec- ownership interests of the individual or enti- modity program payments’ means— tion 1001(b) of the Food Security Act of 1985 ty from all sources, payments for a fiscal or

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.111 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12255 corresponding crop year that exceed the lim- ‘‘(III) the standards provided in subclauses be actively engaged in farming with respect itations established under subsections (b), (II) and (III) of clause (i), as applied to the to a farm operation: (c), and (d).’’; and entity, are met by the entity. ‘‘(A) LANDOWNERS.—An individual or entity (ii) in subsection (f), by striking ‘‘person’’ ‘‘(B) ENTITIES MAKING SIGNIFICANT CON- that is a landowner contributing the owned and inserting ‘‘individual or entity’’. TRIBUTIONS.—If a general partnership, joint land and that meets the standard provided in (4) SUBSTANTIVE CHANGE; PAYMENTS LIMITED venture, or similar entity (as determined by subclauses (II) and (III) of paragraph TO ACTIVE FARMERS.—Section 1001A of the the Secretary) separately makes a signifi- (2)(A)(i), if— Food Security Act of 1985 (7 U.S.C. 1308–1) is cant contribution (based on the total value ‘‘(i) the landowner share rents the land; amended to read as follows: of the farming operation involved) of capital, and ‘‘SEC. 1001A. SUBSTANTIVE CHANGE; PAYMENTS equipment, or land, and the standards pro- ‘‘(ii) the share received by the landowner is LIMITED TO ACTIVE FARMERS. vided in subclauses (II) and (III) of subpara- commensurate with the share of the crop or ‘‘(a) SUBSTANTIVE CHANGE.— graph (A)(i), as applied to the entity, are met income received as rent. ‘‘(1) IN GENERAL.—The Secretary may not by the entity, the partners or members mak- ‘‘(B) SHARECROPPERS.—A sharecropper who approve (for purposes of the application of ing a significant contribution of personal makes a significant contribution of personal the limitations under this section) any labor or active personal management shall labor to the farming operation and, with re- change in a farming operation that other- be considered to be actively engaged in farm- spect to such contribution, who meets the wise will increase the number of individuals ing with respect to the farming operation in- standards provided in subclauses (II) and (III) or entities to which the limitations under volved. of paragraph (2)(A)(i). this section are applied unless the Secretary ‘‘(C) EQUIPMENT AND PERSONAL LABOR.—In ‘‘(4) INDIVIDUALS AND ENTITIES NOT AC- determines that the change is bona fide and making determinations under this sub- TIVELY ENGAGED IN FARMING.—For the pur- substantive. section regarding equipment and personal poses of paragraph (1), except as provided in ‘‘(2) FAMILY MEMBERS.—For the purpose of labor, the Secretary shall take into consider- paragraph (3), the following individuals and paragraph (1), the addition of a family mem- ation the equipment and personal labor nor- entities shall not be considered to be ac- ber (as defined in regulations promulgated mally and customarily provided by farm op- tively engaged in farming with respect to a by the Secretary) to a farming operation erators in the area involved to produce pro- farm operation: shall be considered to be a bona fide and sub- gram crops. ‘‘(A) LANDOWNERS.—A landowner contrib- stantive change in the farming operation. ‘‘(D) ACTIVE PERSONAL MANAGEMENT.—For uting land to the farming operation if the ‘‘(3) PROHIBITION.—The Secretary may not an individual to be considered to be pro- landowner receives cash rent, or a crop share establish a di minimus beneficial interest viding active personal management under guaranteed as to the amount of the com- level exempt from the requirements of this this paragraph on behalf of the individual or modity to be paid in rent, for the use of the section. entity, the management provided by the inland. ‘‘(b) PAYMENTS LIMITED TO ACTIVE FARM- dividual shall be personally provided on a ‘‘(B) OTHER INDIVIDUALS AND ENTITIES.— ERS.— regular, substantial, and continuous basis Any other individual or entity, or class of in- ‘‘(1) IN GENERAL.—To be eligible to receive, through the supervision and direction of— dividual or entity, that fails to meet the directly or indirectly, payments or benefits ‘‘(i) activities and labor involved in the standards established under paragraphs (2) (as described in subsections (b), (c), and (d) of farming operation; and and (3), as determined by the Secretary. section 1001 as being subject to limitation) ‘‘(ii) onsite services that are directly re- ‘‘(5) PERSONAL LABOR AND ACTIVE PERSONAL with respect to a particular farming oper- lated and necessary to the farming oper- MANAGEMENT.—No stockholder or member ation, an individual or entity shall be ac- ation. may provide personal labor or active per- tively engaged in farming with respect to the ‘‘(E) SIGNIFICANT CONTRIBUTION OF PER- sonal management to meet the requirements operation, as provided under paragraphs (2), SONAL LABOR OR ACTIVE PERSONAL MANAGE- of this subsection for individuals or entities (3), and (4). MENT.— collectively receiving, directly or indirectly, ‘‘(2) GENERAL CLASSES ACTIVELY ENGAGED IN ‘‘(i) IN GENERAL.—For an individual to be more than the applicable limits in (b), (c), FARMING.— considered to be providing a significant con- and (d) of section 1001. ‘‘(A) IN GENERAL.—For the purpose of para- tribution of personal labor or active personal ‘‘(6) CUSTOM FARMING SERVICES.—An indi- graph (1), except as otherwise provided in management under this paragraph on behalf vidual or entity receiving custom farming paragraph (3)— of the individual or entity, the total con- services shall be considered to be separately ‘‘(i) an individual shall be considered to be tribution of personal labor and active per- eligible for payment limitation purposes if actively engaged in farming with respect to sonal management shall be at least equal to the individual or entity is actively engaged a farm operation if— the lesser of— in farming as determined under paragraphs ‘‘(I) the individual makes a significant con- ‘‘(I) the material participation standard as (1) through (3). tribution (based on the total value of the determined under Treasury Regulation sec- ‘‘(7) GROWERS OF HYBRID SEED.—To deter- farming operation) to the farming operation tion 1.469-5T(a), as in effect on the date of en- mine whether an individual or entity grow- of— actment of this subsection; or ing hybrid seed under contract shall be con- ‘‘(aa) capital, equipment, or land; and ‘‘(II)(aa) 50 percent of the commensurate sidered to be actively engaged in farming, ‘‘(bb) personal labor and active personal share of the total number of hours of per- the Secretary shall not take into consider- management (in accordance with subpara- sonal labor and active personal management ation the existence of a hybrid seed contract. graph (E)); required to conduct the farming operation; ‘‘(c) NOTIFICATION BY ENTITIES.—To facili- ‘‘(II) the individual’s share of the profits or or tate the administration of this subsection, losses from the farming operation is com- ‘‘(bb) in the case of a stockholder or mem- each entity receiving payments or benefits mensurate with the individual’s contribu- ber (or household comprised of a stockholder (as described in subsections (b), (c), and (d) of tions to the operation; and or member and the spouse of the stockholder section 1001 as being subject to limitation) ‘‘(III) the contributions of the individual or member) who owns at least 10 percent of with respect to a particular farming oper- are at risk; the beneficial interest in a corporation or en- ation shall— ‘‘(ii) an entity (as defined in section tity in which all of the beneficial interests ‘‘(1) notify each individual or other entity 1001(a)) shall be considered to be actively en- are held by family members (as defined in that acquires or holds a beneficial interest in gaged in farming with respect to a farming paragraph (3)(B)), 50 percent of the commen- the farming operation of the requirements operation if— surate share of hours of all family members’ and limitations under this section; and ‘‘(I) the entity separately makes a signifi- personal labor and active personal manage- ‘‘(2) provide to the Secretary of Agri- cant contribution (based on the total value ment required to conduct the farming oper- culture, at such times and in such manner as of the farming operation) of capital, equip- ations. may be prescribed by the Secretary, the ment, or land; ‘‘(ii) MINIMUM NUMBER OF LABOR HOURS.— name and social security number of each in- ‘‘(II)(aa) the stockholders or members that For the purpose of clause (i), the minimum dividual, or the name and taxpayer identi- collectively own at least 50 percent of the number of labor hours required to produce fication number of each entity, that holds or combined beneficial interest in the entity each commodity shall be equal to the num- acquires such a beneficial interest.’’. each make a significant contribution of per- ber of hours that would be necessary to con- (5) SCHEMES OR DEVICES.—Section 1001B of sonal labor or active personal management duct a farming operation for the production the Food Security Act of 1985 (7 U.S.C. 1308– to the operation; or of each commodity that is comparable in 2) is amended— ‘‘(bb) in the case of a corporation or entity size to an individual or entity’s commensu- (A) by striking ‘‘If the Secretary of Agri- in which all of the beneficial interests are rate share in the farming operation for the culture determines that any person’’ and in- held by family members (as defined in para- production of the commodity, based on the serting: graph (3)(B)(i)), any stockholder or member minimum number of hours per acre required ‘‘(a) IN GENERAL.—If the Secretary of Agri- (or household comprised of a stockholder or to produce the commodity in the State in culture determines that any individual or member and the spouse of the stockholder or which the farming operation is located, as entity’’; member) who owns at least 10 percent of the determined by the Secretary. (B) in subsection (a) (as designated by beneficial interest makes a significant con- ‘‘(3) SPECIAL CLASSES ACTIVELY ENGAGED IN paragraph (1)), by striking ‘‘person’’ each tribution of personal labor or active personal FARMING.—Notwithstanding paragraph (2), place it appears and inserting ‘‘individual or management; and the following persons shall be considered to entity’’; and

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.113 S02NOPT1 S12256 CONGRESSIONAL RECORD — SENATE November 2, 2005

(C) by adding at the end the following: (1) by striking the section heading and in- (b) FUNDING.—Section 1241(a) of the Food ‘‘(b) FRAUD.— serting the following: ‘‘upland cotton import Security Act of 1985 (16 U.S.C. 3841(a)) is ‘‘(1) IN GENERAL.—If the Secretary deter- quotas.’’; amended— mines that an individual or entity has com- (2) by striking subsection (a); (1) in the matter before paragraph (1), by mitted, or has assisted another individual or (3) by redesignating subsections (b) and (c) striking ‘‘For’’ and inserting ‘‘Except as oth- entity in committing, fraud in connection as subsections (a) and (b), respectively; erwise provided in this subsection, for’’; and with a scheme or device to evade, or that has (4) in subsection (a) (as so redesignated)— (2) in paragraph (1), by striking ‘‘The con- the purpose of evading, section 1001, 1001A, or (A) in paragraph (1)— servation’’ and inserting ‘‘For fiscal years 1001C, the individual or entity shall— (i) in subparagraph (B), by striking ‘‘, ad- 2002 through 2011, the conservation’’. ‘‘(A) be ineligible to receive farm program justed for the value of any certificate issued (c) IMPLEMENTATION.—In implementing the payments (as described in subsections (b), under subsection (a),’’; and amendments made by this section, the Sec- (c), and (d) of section 1001 as being subject to (ii) in subparagraph (C), by striking ‘‘, for retary of Agriculture shall achieve the new limitation) applicable to— the value of any certificates issued under maximum acreage enrollment limit not later ‘‘(i) the crop year for which the scheme or subsection (a)’’; and than 2 years after the date of enactment of device is adopted; and (B) in paragraph (4), by striking ‘‘sub- this Act without affecting conservation re- ‘‘(ii) the succeeding 5 crop years; and section (c)’’ and inserting ‘‘subsection (b)’’; serve existing contracts. ‘‘(iii) be responsible for payment to the and SEC. 1202. CONSERVATION SECURITY PROGRAM. Commodity Credit Corporation an amount (5) in subsection (b)(2) (as so redesignated), (a) IN GENERAL.—Section 1238A(a) of the equal to the total of all payments and loan by striking ‘‘subsection (b)’’ and inserting Food Security Act of 1985 (16 U.S.C. 3838a(a)) gains improperly received by the individual ‘‘subsection (a)’’. is amended by striking ‘‘2007’’ and inserting or entity as a result of the scheme or device. (b) FAIR.—Section 136 of the Federal Agri- ‘‘2011’’. ‘‘(2) EXAMPLES OF PROHIBITED ACTIVITIES.— culture Improvement and Reform Act of 1996 (b) FUNDING.—Section 1241(a)(3) of the Food Prohibited activities under paragraph (1) (7 U.S.C. 7236) is repealed. Security Act of 1985 (16 U.S.C. 3841(a)(3)) is may include actions that materially affect (c) EFFECTIVE DATE.—The amendments amended by striking ‘‘not more than the ability of the Secretary to make a deter- made by this section take effect on August 1, $6,037,000,000’’ and all that follows through mination under section 1001, including— 2006. ‘‘2014.’’ and inserting the following: ‘‘not ‘‘(A) failure to submit to the Secretary SEC. 1104. NATIONAL DAIRY MARKET LOSS PAY- more than— documents requested by the Secretary: MENTS. ‘‘(A) $2,570,000,000 for the period of fiscal ‘‘(B) submission to the Secretary of fal- (a) AMOUNT.—Section 1502(c) of the Farm years 2006 through 2010; and sified documents; and Security and Rural Investment Act of 2002 (7 ‘‘(B) $6,209,000,000 for the period of fiscal ‘‘(C) failure to notify the Secretary of a U.S.C. 7982(c)) is amended by striking para- years 2006 through 2015.’’. change from initial submissions of informa- graph (3) and inserting the following: tion to the Secretary by an individual or en- ‘‘(3)(A) during the period beginning on the SA 2360. Mr. LOTT (for himself, Mr. tity, regarding active labor, active manage- first day of the month the producers on a LAUTENBERG, Mr. STEVENS, Mr. INOUYE, dairy farm enter into a contract under this ment, capital, land, or equipment provided Mr. BURNS, Mr. CARPER, Mr. SPECTER, by the individual or entity person to a farm- section and ending on September 30, 2005, 45 Mrs. CLINTON, Mr. CHAFEE, Mr. ing operation.’’. percent; and (6) FOREIGN INDIVIDUALS AND ENTITIES MADE ‘‘(B) during the period beginning on Octo- CORZINE, Mr. SCHUMER, and Mr. BIDEN) INELIGIBLE FOR PROGRAM BENEFITS.—Section ber 1, 2005, and ending on September 30, 2007, submitted an amendment intended to 1001C of the Food Security Act of 1985 (7 34 percent.’’. be proposed by him to the bill S. 1932, U.S.C. 1308–3) is amended— (b) DURATION.—Section 1502 of the Farm to provide for reconciliation pursuant (A) in the section heading, by striking Security and Rural Investment Act of 2002 (7 to section 202(a) of the concurrent reso- ‘‘persons’’ and inserting ‘‘individuals and en- U.S.C. 7982) is amended by striking ‘‘2005’’ lution on the budget for fiscal year 2006 each place it appears in subsections (f) and tities’’; (H. Con. Res. 95); as follows: (B) in subsection (a), by striking ‘‘person’’ (g)(1) and inserting ‘‘2007’’. each place it appears and inserting ‘‘indi- (c) CONFORMING AMENDMENTS.—Section DIVISION —AMTRAK vidual’’; and 1502 of the Farm Security and Rural Invest- REAUTHORIZATION (C) in subsection (b)— ment Act of 2002 (7 U.S.C. 7982) is amended— SECTION 1. SHORT TITLE. (i) by striking the subsection heading and (1) in subsection (g)(1), by striking ‘‘and This division may be cited as the ‘‘Pas- inserting ‘‘ENTITIES’’; and subsection (h)’’; and senger Rail Investment and Improvement (ii) in the first sentence, by striking ‘‘a (2) by striking subsection (h). Act of 2005’’. corporation or other’’ and inserting ‘‘an’’. SEC. 1105. ADVANCE DIRECT PAYMENTS. SEC. 2. AMENDMENT OF TITLE 49, UNITED SEC. 1102. FORFEITURE PENALTY FOR NON- (a) IN GENERAL.—Section 1103(d)(2) of the STATES CODE. RECOURSE SUGAR LOANS. Farm Security and Rural Investment Act of Except as otherwise specifically provided, Section 156 of the Federal Agriculture Im- 2002 (7 U.S.C. 7913(d)(2)) is amended in the whenever in this division an amendment is provement and Reform Act of 1996 (7 U.S.C. first sentence by striking ‘‘2007 crops years’’ expressed in terms of an amendment to a 7272) is amended— and inserting ‘‘2005 crop years, up to 40 per- section or other provision of law, the ref- (1) by redesignating subsections (h), (i), cent of the direct payment for a covered erence shall be considered to be made to a and (j) as subsections (i), (j), and (k), respec- commodity for the 2006 crop year, and up to section or other provision of title 49, United tively; and 29 percent of the direct payment for a cov- States Code. (2) by inserting after subsection (g) the fol- ered commodity for any of the 2007 through SEC. 3. TABLE OF CONTENTS. lowing: 2011 crop years,’’. The table of contents for this division is as ‘‘(h) FORFEITURE PENALTY.— (b) PEANUTS.—Section 1303(e)(2) of the follows: ‘‘(1) IN GENERAL.—In the case of each of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7953(e)(2)) is amended in the Sec. 1. Short title. 2006 through 2010 crops of sugar beets and Sec. 2. Amendment of title 49, United States sugarcane, a penalty shall be assessed on the first sentence by striking ‘‘2007 crops years’’ and inserting ‘‘2005 crop years, up to 40 per- Code. forfeiture of any sugar pledged as collateral Sec. 3. Table of contents. for a nonrecourse loan under this section. cent of the direct payment for the 2006 crop TITLE I—AUTHORIZATIONS ‘‘(2) AMOUNT.—The penalty for sugarcane year, and up to 29 percent of the direct pay- and sugar beets under this subsection shall ment for any of the 2007 through 2011 crop Sec. 101. Authorization for Amtrak capital be 1.2 percent of the loan rate established for years,’’. and operating expenses and sugarcane and sugar beets under subsections Subtitle B—Conservation State capital grants. (a) and (b), respectively. SEC. 1201. CONSERVATION RESERVE PROGRAM. Sec. 102. Authorization for the Federal Rail- road Administration. ‘‘(3) EFFECT OF FORFEITURE.—Any pay- (a) IN GENERAL.—Section 1231 of the Food ments owed producers by a processor that Security Act of 1985 (16 U.S.C. 3831) is amend- Sec. 103. Repayment of long-term debt and forfeits any sugar pledged as collateral for a ed— capital leases. nonrecourse loan shall be reduced in propor- (1) in subsection (a), by striking ‘‘2007’’ and Sec. 104. Excess railroad retirement. tion to the loan forfeiture penalty incurred inserting ‘‘2011’’; Sec. 105. Other authorizations. by the processor. (2) in subsection (d), by striking ‘‘up’’ and TITLE II—AMTRAK REFORM AND OPERATIONAL ‘‘(4) CROPS.—This subsection shall apply all that follows through ‘‘years’’ and insert- IMPROVEMENTS only to the 2006 through 2010 crops of sugar ing ‘‘in the conservation reserve at any 1 Sec. 201. National railroad passenger trans- beets and sugarcane.’’. time 38,450,000 acres during the 2006 through portation system defined. SEC. 1103. COTTON COMPETITIVENESS PROVI- 2010 calendar years and 38,880,000 acres dur- Sec. 202. Amtrak Board of Directors. SIONS. ing the 2006 through 2015 calendar years’’; Sec. 203. Establishment of improved finan- (a) IN GENERAL.—Section 1207 of the Farm and cial accounting system. Security and Rural Investment Act of 2002 (7 (3) in subsection (h)(1)(A), by striking Sec. 204. Development of 5-year financial U.S.C. 7937) is amended— ‘‘2007’’ and inserting ‘‘2011’’. plan.

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0655 E:\CR\FM\A02NO6.113 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12257 Sec. 205. Establishment of grant process. Code, to be administered by the Secretary of SEC. 105. OTHER AUTHORIZATIONS. Sec. 206. State-supported routes. Transportation: There are authorized to be appropriated to Sec. 207. Independent auditor to establish (1) 3 percent for fiscal year 2006. the Secretary of Transportation— methodologies for Amtrak (2) 11 percent for fiscal year 2007. (1) $5,000,000 for each of fiscal years 2006 route and service planning deci- (3) 23 percent for fiscal year 2008. through 2011 to carry out the rail coopera- sions. (4) 25 percent for fiscal year 2009. tive research program under section 24910 of Sec. 208. Metrics and standards. (5) 31 percent for fiscal year 2010. title 49, United States Code; Sec. 209. Passenger train performance. (6) 33 percent for fiscal year 2011. (2) $5,000,000 for fiscal year 2006, to remain Sec. 210. Long distance routes. (d) PROJECT MANAGEMENT OVERSIGHT.—The available until expended, for grants to Am- Sec. 211. Alternate passenger rail service Secretary may withhold up to 1⁄2 of 1 percent trak and States participating in the Next program. of amounts appropriated pursuant to sub- Generation Corridor Train Equipment Pool Sec. 212. Employee transition assistance. section (b) for the costs of project manage- Committee established under section 303 of Sec. 213. Northeast Corridor state-of-good- ment oversight of capital projects carried this division for the purpose of designing, de- repair plan. out by Amtrak. veloping specifications for, and initiating Sec. 214. Northeast Corridor infrastructure the procurement of an initial order of 1 or SEC. 102. AUTHORIZATION FOR THE FEDERAL and operations improvements. RAILROAD ADMINISTRATION. more types of standardized next-generation Sec. 215. Restructuring long-term debt and corridor train equipment and establishing a capital leases. There are authorized to be appropriated to jointly-owned corporation to manage that Sec. 216. Study of compliance requirements the Secretary of Transportation for the use equipment; and at existing intercity rail sta- of the Federal Railroad Administration such (3) $2,000,000 for fiscal year 2007, for the use tions. sums as necessary to implement the provi- of Amtrak in conducting the evaluation re- Sec. 217. Incentive pay. sions required under this division for fiscal quired by section 216 of this division. years 2006 through 2011. Sec. 218. Access to Amtrak equipment and TITLE II—AMTRAK REFORM AND services. SEC. 103. REPAYMENT OF LONG-TERM DEBT AND OPERATIONAL IMPROVEMENTS CAPITAL LEASES. Sec. 219. General Amtrak provisions. SEC. 201. NATIONAL RAILROAD PASSENGER Sec. 220. Private sector funding of passenger (a) AMTRAK PRINCIPAL AND INTEREST PAY- TRANSPORTATION SYSTEM DE- trains. MENTS.— FINED. Sec. 221. On-board service improvements. (1) PRINCIPAL ON DEBT SERVICE.—There are (a) IN GENERAL.—Section 24102 is amend- Sec. 222. Management accountability. authorized to be appropriated to the Sec- ed— TITLE III—INTERCITY PASSENGER RAIL POLICY retary of Transportation for the use of Am- (1) by striking paragraph (2); trak for retirement of principal on loans for Sec. 301. Capital assistance for intercity (2) by redesignating paragraphs (3), (4), and capital equipment, or capital leases, not (5) as paragraphs (2), (3), and (4), respec- passenger rail service. more than the following amounts: Sec. 302. State rail plans. tively; and (A) For fiscal year 2006, $130,200,000. (3) by inserting after paragraph (4) as so re- Sec. 303. Next generation corridor train (B) For fiscal year 2007, $140,700,000. equipment pool. designated the following: (C) For fiscal year 2008, $156,000,000. ‘‘(5) ‘national rail passenger transportation Sec. 304. Federal rail policy. (D) For fiscal year 2009, $183,800,000. Sec. 305. Rail cooperative research program. system’ means— (E) For fiscal year 2010, $156,100,000. ‘‘(A) the segment of the Northeast Corridor TITLE IV—PASSENGER RAIL SECURITY AND (F) For fiscal year 2011, $193,500,000. between Boston, Massachusetts and Wash- SAFETY (2) INTEREST ON DEBT.—There are author- ington, D.C.; Sec. 401. Systemwide Amtrak security up- ized to be appropriated to the Secretary of ‘‘(B) rail corridors that have been des- grades. Transportation for the use of Amtrak for the ignated by the Secretary of Transportation Sec. 402. Fire and life-safety improvements. payment of interest on loans for capital as high-speed corridors (other than corridors Sec. 403. Amtrak plan to assist families of equipment, or capital leases, the following described in subparagraph (A)), but only passengers involved in rail pas- amounts: after they have been improved to permit op- senger accidents. (A) For fiscal year 2006, $148,100,000. eration of high-speed service; Sec. 404. Northern border rail passenger re- (B) For fiscal year 2007, $141,500,000. ‘‘(C) long distance routes of more than 750 port. (C) For fiscal year 2008, $133,800,000. miles between endpoints operated by Amtrak Sec. 405. Passenger, baggage, and cargo (D) For fiscal year 2009, $124,000,000. as of the date of enactment of the Passenger screening. (E) For fiscal year 2010, $113,900,000. Rail Investment and Improvement Act of TITLE I—AUTHORIZATIONS (F) For fiscal year 2011, $103,800,000. 2005; and (3) EARLY BUYOUT OPTION.—There are au- ‘‘(D) short-distance corridors, or routes of SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL thorized to be appropriated to the Secretary AND OPERATING EXPENSES AND not more than 750 miles between endpoints, STATE CAPITAL GRANTS. of Transportation such sums as may be nec- operated by— essary for the use of Amtrak for the pay- (a) OPERATING GRANTS.—There are author- ‘‘(i) Amtrak; or ment of costs associated with early buyout ized to be appropriated to the Secretary of ‘‘(ii) another rail carrier that receives options if the exercise of those options is de- Transportation for the use of Amtrak for op- funds under chapter 244.’’. termined to be advantageous to Amtrak. erating costs the following amounts: (b) AMTRAK ROUTES WITH STATE FUNDING.— (4) LEGAL EFFECT OF PAYMENTS UNDER THIS (1) For fiscal year 2006, $580,000,000. (1) IN GENERAL.—Chapter 247 is amended by SECTION.—The payment of principal and in- (2) For fiscal year 2007, $590,000,000. inserting after section 24701 the following: terest on secured debt, with the proceeds of (3) For fiscal year 2008, $600,000,000. ‘‘§ 24702. Transportation requested by States, grants authorized by this section shall not— (4) For fiscal year 2009, $575,000,000. authorities, and other persons (A) modify the extent or nature of any in- (5) For fiscal year 2010, $535,000,000. ‘‘(a) CONTRACTS FOR TRANSPORTATION.— debtedness of the National Railroad Pas- (6) For fiscal year 2011, $455,000,000. Amtrak may enter into a contract with a senger Corporation to the United States in (b) CAPITAL GRANTS.—There are authorized State, a regional or local authority, or an- existence of the date of enactment of this to be appropriated to the Secretary of Trans- other person for Amtrak to operate an inter- Act; portation for the use of Amtrak for capital city rail service or route not included in the (B) change the private nature of Amtrak’s projects (as defined in subparagraphs (A) and national rail passenger transportation sys- or its successors’ liabilities; or (B) of section 24401(2) of title 49, United tem upon such terms as the parties thereto (C) imply any Federal guarantee or com- States Code) to bring the Northeast Corridor may agree. mitment to amortize Amtrak’s outstanding (as defined in section 24102(a)) to a state-of- ‘‘(b) DISCONTINUANCE.—Upon termination indebtedness. good-repair, for capital expenses of the na- of a contract entered into under this section, tional railroad passenger transportation sys- SEC. 104. EXCESS RAILROAD RETIREMENT. or the cessation of financial support under tem, and for purposes of making capital There are authorized to be appropriated to such a contract by either party, Amtrak grants under section 24402 of that title to the Secretary of Transportation, beginning may discontinue such service or route, not- States, the following amounts: with fiscal year 2006, such sums as may be withstanding any other provision of law.’’. (1) For fiscal year 2006, $813,000,000. necessary to pay to the Railroad Retirement (2) CONFORMING AMENDMENT.—The chapter (2) For fiscal year 2007, $910,000,000. Account an amount equal to the amount analysis for chapter 247 is amended by in- (3) For fiscal year 2008, $1,071,000,000. Amtrak must pay under section 3221 of the serting after the item relating to section (4) For fiscal year 2009, $1,096,000,000. Internal Revenue Code of 1986 in such fiscal 24701 the following: (5) For fiscal year 2010, $1,191,000,000. years that is more than the amount needed ‘‘24702. Transportation requested by States, (6) For fiscal year 2011, $1,231,000,000. for benefits for individuals who retire from authorities, and other persons’’. (c) AMOUNTS FOR STATE GRANTS.—Out of Amtrak and for their beneficiaries. For each (c) AMTRAK TO CONTINUE TO PROVIDE NON- the amounts authorized under subsection (b), fiscal year in which the Secretary makes HIGH-SPEED SERVICES.—Nothing in this divi- the following percentage shall be available such a payment, the amounts authorized by sion is intended to preclude Amtrak from re- each fiscal year for capital grants to States section 101(a) shall be reduced by an amount storing, improving, or developing non-high- under section 24402 of title 49, United States equal to such payment. speed intercity passenger rail service.

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.114 S02NOPT1 S12258 CONGRESSIONAL RECORD — SENATE November 2, 2005

(d) APPLICABILITY OF SECTION 24706.—Sec- date of enactment of this Act may continue tors such as the ability of the Federal gov- tion 24706 is amended by adding at the end to serve for the remainder of the term to ernment to fund capital and operating re- the following: which they were appointed. quirements adequately, Amtrak’s ability to ‘‘(c) APPLICABILITY.—This section applies SEC. 203. ESTABLISHMENT OF IMPROVED FINAN- efficiently manage its workforce, and Am- to all service over routes provided by Am- CIAL ACCOUNTING SYSTEM. trak’s ability to effectively provide pas- trak, notwithstanding any provision of sec- (a) IN GENERAL.—The Amtrak Board of Di- senger train service; tion 24701 of this title or any other provision rectors— (8) estimates of long-term and short-term of this title except section 24702(b).’’. (1) may employ an independent financial debt and associated principle and interest SEC. 202. AMTRAK BOARD OF DIRECTORS. consultant with experience in railroad ac- payments (both current and anticipated); (a) IN GENERAL.—Section 24302 is amended counting to assist Amtrak in improving Am- (9) annual cash flow forecasts; to read as follows: trak’s financial accounting and reporting (10) a statement describing methods of es- ‘‘§ 24302. Board of directors system and practices; and timation and significant assumptions; (2) shall implement a modern financial ac- (11) specific measures that demonstrate ‘‘(a) COMPOSITION AND TERMS.— measurable improvement year over year in ‘‘(1) The Board of Directors of Amtrak is counting and reporting system that will Amtrak’s ability to operate with reduced composed of the following 10 directors, each produce accurate and timely financial infor- Federal operating assistance; and of whom must be a citizen of the United mation in sufficient detail— (12) capital and operating expenditures for States: (A) to enable Amtrak to assign revenues anticipated security needs. ‘‘(A) The Secretary of Transportation. and expenses appropriately to each of its (c) STANDARDS TO PROMOTE FINANCIAL STA- ‘‘(B) The President of Amtrak, who shall lines of business and to each major activity within each line of business activity, includ- BILITY.—In meeting the requirements of sub- serve ex officio, as a non-voting member. section (b), Amtrak shall— ‘‘(C) 8 individuals appointed by the Presi- ing train operations, equipment maintenance, ticketing, and reservations; (1) apply sound budgetary practices, in- dent of the United States, by and with the cluding reducing costs and other expendi- advice and consent of the Senate, with gen- (B) to aggregate expenses and revenues related to infrastructure and distinguish them tures, improving productivity, increasing eral business and financial experience, expe- revenues, or combinations of such practices; rience or qualifications in transportation, from expenses and revenues related to rail operations; (2) use the categories specified in the fi- freight and passenger rail transportation, nancial accounting and reporting system de- travel, hospitality, cruise line, and passenger (C) to allow the analysis of ticketing and reservation information on a real-time basis; veloped under section 203 when preparing its air transportation businesses, or representa- 5-year financial plan; and tives of employees or users of passenger rail (D) to provide Amtrak cost accounting data; and (3) ensure that the plan is consistent with transportation or a State government. the authorizations of appropriations under ‘‘(2) In selecting individuals described in (E) to allow financial analysis by route and service. title I of this division. paragraph (1) for nominations for appoint- (d) ASSESSMENT BY DOT INSPECTOR GEN- ments to the Board, the President shall con- (b) VERIFICATION OF SYSTEM; REPORT.—The Inspector General of the Department of ERAL.— sult with the Speaker of the House of Rep- (1) IN GENERAL.—The Inspector General of resentatives, the Minority Leader of the Transportation shall review the accounting system designed and implemented under sub- the Department of Transportation shall as- House of Representatives, the Majority sess the 5-year financial plans prepared by Leader of the Senate, and the Minority Lead- section (a) to ensure that it accomplishes the purposes for which it is intended. The Inspec- Amtrak under this section to determine er of the Senate and try to provide adequate whether they meet the requirements of sub- and balanced representation of the major ge- tor General shall report his findings and conclusions, together with any recommenda- section (b), and may suggest revisions to any ographic regions of the United States served components thereof that do not meet those by Amtrak. tions, to the Senate Committee on Com- merce, Science, and Transportation and the requirements. ‘‘(3) An individual appointed under para- (2) ASSESSMENT TO BE FURNISHED TO THE graph (1)(C) of this subsection serves for 5 House of Representatives Committee on Transportation and Infrastructure. CONGRESS.—The Inspector General shall fur- years or until the individual’s successor is nish to the House of Representatives Com- appointed and qualified. Not more than 5 in- SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL mittee on Appropriations, the Senate Com- PLAN. dividuals appointed under paragraph (1)(C) mittee on Appropriations, the House of Rep- (a) DEVELOPMENT OF 5-YEAR FINANCIAL may be members of the same political party. resentatives Committee on Transportation PLAN.—The Amtrak Board of Directors shall ‘‘(4) The Board shall elect a chairman and and Infrastructure, and the Senate Com- submit an annual budget and business plan a vice chairman from among its membership. mittee on Commerce, Science, and Transpor- for Amtrak, and a 5-year financial plan for The vice chairman shall serve as chairman in tation— the fiscal year to which that budget and the absence of the chairman. (A) an assessment of the annual budget business plan relate and the subsequent 4 ‘‘(5) The Secretary may be represented at within 90 days after receiving it from Am- years, prepared in accordance with this sec- board meetings by the Secretary’s designee. trak; and tion, to the Secretary of Transportation and ‘‘(6) The voting privileges of the President (B) an assessment of the remaining 4 years the Inspector General of the Department of can be changed by a unanimous decision of of the 5-year financial plan within 180 days Transportation no later than— the Board. after receiving it from Amtrak. ‘‘(b) PAY AND EXPENSES.—Each director not (1) the first day of each fiscal year beginning after the date of enactment of this Act; SEC. 205. ESTABLISHMENT OF GRANT PROCESS. employed by the United States Government (a) GRANT REQUESTS.—Amtrak shall sub- or is entitled to $300 a day when performing mit grant requests (including a schedule for (2) the date that is 60 days after the date of Board duties. Each Director is entitled to re- the disbursement of funds), consistent with enactment of an appropriation Act for the imbursement for necessary travel, reason- the requirements of this division, to the Sec- able secretarial and professional staff sup- fiscal year, if later. retary of Transportation for funds author- port, and subsistence expenses incurred in (b) CONTENTS OF 5-YEAR FINANCIAL PLAN.— ized to be appropriated to the Secretary for attending Board meetings. The 5-year financial plan for Amtrak shall the use of Amtrak under sections 101(a) and ‘‘(c) VACANCIES.—A vacancy on the Board include, at a minimum— (b), 103, and 105. is filled in the same way as the original se- (1) all projected revenues and expenditures (b) PROCEDURES FOR GRANT REQUESTS.— lection, except that an individual appointed for Amtrak, including governmental funding The Secretary shall establish substantive by the President of the United States under sources; and procedural requirements, including subsection (a)(1)(C) of this section to fill a (2) projected ridership levels for all Am- schedules, for grant requests under this sec- vacancy occurring before the end of the term trak passenger operations; tion not later than 30 days after the date of for which the predecessor of that individual (3) revenue and expenditure forecasts for enactment of this Act and shall transmit was appointed is appointed for the remainder non-passenger operations; copies to the Senate Committee on Com- of that term. A vacancy required to be filled (4) capital funding requirements and ex- merce, Science, and Transportation and the by appointment under subsection (a)(1)(C) penditures necessary to maintain passenger House of Representatives Committee on must be filled not later than 120 days after service which will accommodate predicted Transportation and Infrastructure. As part the vacancy occurs. ridership levels and predicted sources of cap- of those requirements, the Secretary shall ‘‘(d) QUORUM.—A majority of the members ital funding; require, at a minimum, that Amtrak deposit serving shall constitute a quorum for doing (5) operational funding needs, if any, to grant funds, consistent with the appro- business. maintain current and projected levels of pas- priated amounts for each area of expenditure ‘‘(e) BYLAWS.—The Board may adopt and senger service, including state-supported in a given fiscal year, in the following 3 ac- amend bylaws governing the operation of routes and predicted funding sources; counts: Amtrak. The bylaws shall be consistent with (6) projected capital and operating require- (1) The Amtrak Operating account. this part and the articles of incorporation.’’. ments, ridership, and revenue for any new (2) The Amtrak General Capital account. (b) EFFECTIVE DATE FOR DIRECTORS’ PROVI- passenger service operations or service ex- (3) The Northeast Corridor Improvement SION.—The amendment made by subsection pansions; funds account. (a) shall take effect on January 1, 2006. The (7) an assessment of the continuing finan- Amtrak may not transfer such funds to an- members of the Amtrak Board serving on the cial stability of Amtrak, as indicated by fac- other account or expend such funds for any

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.114 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12259 purpose other than the purposes covered by the services of an independent auditor or of on-time performance and delays incurred the account in which the funds are deposited consultant to develop and recommend objec- by intercity passenger trains on the rail without approval by the Secretary. tive methodologies for determining intercity lines of each rail carrier and, for long dis- (c) REVIEW AND APPROVAL.— passenger routes and services, including the tance routes, measures of connectivity with (1) 30-DAY APPROVAL PROCESS.—The Sec- establishment of new routes, the elimination other routes in all regions currently receiv- retary shall complete the review of a com- of existing routes, and the contraction or ex- ing Amtrak service and the transportation plete grant request (including the disburse- pansion of services or frequencies over such needs of communities and populations that ment schedule) and approve or disapprove routes. In developing such methodologies, are not well-served by other forms of public the request within 30 days after the date on the auditor or consultant shall consider— transportation. Amtrak shall provide reason- which Amtrak submits the grant request. If (1) the current or expected performance able access to the Federal Railroad Adminis- the Secretary disapproves the request or de- and service quality of intercity passenger tration in order to enable the Administra- termines that the request is incomplete or train operations, including cost recovery, on- tion to carry out its duty under this section. deficient, the Secretary shall include the time performance and minutes of delay, rid- (b) QUARTERLY REPORTS.—The Adminis- reason for disapproval or the incomplete ership, on-board services, stations, facilities, trator of the Federal Railroad Administra- items or deficiencies in the notice to Am- equipment, and other services; tion shall collect the necessary data and trak. (2) connectivity of a route with other publish a quarterly report on the perform- (2) 15-DAY MODIFICATION PERIOD.—Within 15 routes; ance and service quality of intercity pas- days after receiving notification from the (3) the transportation needs of commu- senger train operations, including cost re- Secretary under the preceding sentence, Am- nities and populations that are not well covery, ridership, on-time performance and trak shall submit a modified request for the served by other forms of public transpor- minutes of delay, causes of delay, on-board Secretary’s review. tation; services, stations, facilities, equipment, and (3) REVISED REQUESTS.—Within 15 days (4) Amtrak’s and other major intercity other services. (c) CONTRACT WITH HOST RAIL CARRIERS.— after receiving a modified request from Am- passenger rail service providers in other To the extent practicable, Amtrak and its trak, the Secretary shall either approve the countries’ methodologies for determining host rail carriers shall incorporate the modified request, or, if the Secretary finds intercity passenger rail routes and services; metrics and standards developed under sub- that the request is still incomplete or defi- and section (a) into their access and service cient, the Secretary shall identify in writing (5) the views of the States and other inter- agreements. to the Senate Committee on Commerce, ested parties. (d) ARBITRATION.—If the development of Science, and Transportation and the House (b) SUBMITTAL TO CONGRESS.—The auditor the metrics and standards is not completed of Representatives Committee on Transpor- or consultant shall submit recommendations within the 180-day period required by sub- tation and Infrastructure the remaining defi- developed under subsection (a) to Amtrak, section (a), any party involved in the devel- ciencies and recommend a process for resolv- the House of Representatives Committee on opment of those standards may petition the ing the outstanding portions of the request. Transportation and Infrastructure, and the Surface Transportation Board to appoint an SEC. 206. STATE-SUPPORTED ROUTES. Senate Committee on Commerce, Science, arbitrator to assist the parties in resolving (a) IN GENERAL.—Within 2 years after the and Transportation. their disputes through binding arbitration. date of enactment of this Act, the Board of (c) CONSIDERATION OF RECOMMENDATIONS.— SEC. 209. PASSENGER TRAIN PERFORMANCE. Directors of Amtrak, in consultation with Within 90 days after receiving the rec- (a) IN GENERAL.—Section 24308 is amended the Secretary of Transportation and the gov- ommendations developed under subsection by adding at the end the following: ernors of each State and the Mayor of the (a) by the independent auditor or consultant, ‘‘(f) PASSENGER TRAIN PERFORMANCE AND District of Columbia or groups representing the Amtrak Board shall consider the adop- OTHER STANDARDS.— those officials, shall develop and implement tion of those recommendations. The Board ‘‘(1) INVESTIGATION OF SUBSTANDARD PER- a standardized methodology for establishing shall transmit a report to the Senate Com- FORMANCE.—If the on-time performance of and allocating the operating and capital mittee on Commerce, Science, and Transpor- any intercity passenger train averages less costs among the States and Amtrak associ- tation and the House of Representatives than 80 percent for any 2 consecutive cal- ated with trains operated on routes described Committee on Transportation and Infra- endar quarters, or the service quality of in section 24102(5)(B) or (D) or section 24702 structure explaining its action in adopting intercity passenger train operations for that— or failing to adopt any of the recommenda- which minimum standards are established (1) ensures, within 5 years after the date of tions. under section 208 of the Passenger Rail In- enactment of this Act, equal treatment in (d) AUTHORIZATION OF APPROPRIATIONS.— vestment and Improvement Act of 2005 fails the provision of like services of all States There are authorized to be made available to to meet those standards for 2 consecutive and groups of States (including the District the Secretary of Transportation, out of any calendar quarters, the Surface Transpor- of Columbia); and amounts authorized by this division to be ap- tation Board shall investigate whether, and (2) allocates to each route the costs in- propriated for the benefit of Amtrak and not to what extent, delays or failure to achieve curred only for the benefit of that route and otherwise obligated or expended, such sums minimum standards are due to causes that a proportionate share, based upon factors as may be necessary to carry out this sec- could reasonably be addressed by a rail car- that reasonably reflect relative use, of costs tion. rier over the tracks of which the intercity incurred for the common benefit of more (e) PIONEER ROUTE.—Within 2 years after passenger train operates or reasonably ad- than 1 route. the date of enactment of this Act, Amtrak dressed by the intercity passenger rail oper- (b) REVIEW.—If Amtrak and the States (in- shall conduct a 1-time evaluation of the Pio- ator. In carrying out such an investigation, cluding the District of Columbia) in which neer Route formerly operated by Amtrak to Amtrak operates such routes do not volun- the Board shall obtain information from all determine, using methodologies adopted parties involved and make recommendations tarily adopt and implement the methodology under subsection (c), whether a level of pas- developed under subsection (a) in allocating regarding reasonable measures to improve senger demand exists that would warrant the service, quality, and on-time perform- costs and determining compensation for the consideration of reinstating the entire Pio- provision of service in accordance with the ance of the train. neer Route service or segments of that serv- ‘‘(2) PROBLEMS CAUSED BY HOST RAIL CAR- date established therein, the Surface Trans- ice. portation Board shall determine the appro- RIER.—If the Board determines that delays or SEC. 208. METRICS AND STANDARDS. priate methodology required under sub- failures to achieve minimum standards in- section (a) for such services in accordance (a) IN GENERAL.—Within 180 days after the vestigated under paragraph (1) are attrib- with the procedures and procedural schedule date of enactment of this Act, the Adminis- utable to a rail carrier’s failure to provide applicable to a proceeding under section trator of the Federal Railroad Administra- preference to Amtrak over freight transpor- 24904(c) of title 49, United States Code, and tion and Amtrak shall jointly, in consulta- tation under subsection (c), then the Board require the full implementation of this tion with the Surface Transportation Board, shall enforce its recommendations for relief methodology with regards to the provision of rail carriers over whose rail lines Amtrak under this section. such service within 1 year after the Board’s trains operate, States, Amtrak employees, ‘‘(3) PENALTIES.— determination of the appropriate method- and groups representing Amtrak passengers, ‘‘(A) IN GENERAL.—The Board shall publish ology. as appropriate, develop new or improve ex- a schedule of penalties which will— (c) USE OF CHAPTER 244 FUNDS.—Funds pro- isting metrics and minimum standards for ‘‘(i) fairly reflect the extent to which Am- vided to a State under chapter 244 of title 49, measuring the performance and service qual- trak suffers financial loss as a result of host United States Code, may be used, as provided ity of intercity passenger train operations, rail carrier delays or failure to achieve min- in that chapter, to pay capital costs deter- including cost recovery, on-time perform- imum standards; and mined in accordance with this section. ance and minutes of delay, ridership, on- ‘‘(ii) will adequately deter future actions SEC. 207. INDEPENDENT AUDITOR TO ESTABLISH board services, stations, facilities, equip- which may reasonably be expected to be METHODOLOGIES FOR AMTRAK ment, and other services. Such metrics, at a likely to result in delays to Amtrak. ROUTE AND SERVICE PLANNING DE- minimum, shall include the percentage of ‘‘(B) ASSESSMENT.—The Board may assess CISIONS. avoidable and fully allocated operating costs these penalties upon a host rail carrier. (a) METHODOLOGY DEVELOPMENT.—The Fed- covered by passenger revenues on each route, ‘‘(C) USE.—The Board shall make any eral Railroad Administration shall obtain ridership per train mile operated, measures amounts received as penalties under this

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.114 S02NOPT1 S12260 CONGRESSIONAL RECORD — SENATE November 2, 2005 paragraph available to Amtrak or a State tation, and appropriate Congressional com- ‘‘(B) during the immediately preceding fis- contracting with Amtrak, as applicable, for mittees of its determination under this sub- cal year for operations commencing in subse- capital or operating expenditures on such section; quent fiscal years. routes.’’. ‘‘(2) shall provide an opportunity for a ‘‘(2) ROUTE LIMITATIONS.—The Administra- (b) CHANGE OF REFERENCE.—Section 24308 is hearing with respect to that determination; tion may not make the program available amended— and with respect to more than 1 Amtrak pas- (1) by striking ‘‘Interstate Commerce Com- ‘‘(3) may withhold any appropriated funds senger rail route for operations beginning in mission’’ in subsection (a)(2)(A) and insert- otherwise available to Amtrak for the oper- fiscal year 2008 nor to more than 2 such ing ‘‘Surface Transportation Board’’; ation of a route or routes on which it is not routes for operations beginning in fiscal year (2) by striking ‘‘Commission’’ each place it making progress, other than funds made 2010 and subsequent fiscal years. appears and inserting ‘‘Board’’; available for passenger safety or security ‘‘(c) PERFORMANCE STANDARDS; ACCESS TO (3) by striking ‘‘Secretary’’ the last 3 measures.’’. FACILITIES; EMPLOYEES.—If the Administra- places it appears in subsection (c) and each (b) CONFORMING AMENDMENT.—The chapter tion awards the right and obligation to pro- place it appears in subsections (d) and (e) and analysis for chapter 247 is amended by in- vide passenger rail service over a route under inserting ‘‘Board’’. serting after the item relating to section the program to a rail carrier or rail car- SEC. 210. LONG DISTANCE ROUTES. 24709 the following: riers— (a) IN GENERAL.—Chapter 247 is amended ‘‘24710. Long distance routes’’. ‘‘(1) it shall execute a contract with the by adding at the end thereof the following: rail carrier or rail carriers for rail passenger SEC. 211. ALTERNATE PASSENGER RAIL SERVICE operations on that route that conditions the ‘‘§ 24710. Long distance routes PROGRAM. operating and subsidy rights upon— ‘‘(a) ANNUAL EVALUATION.—Using the fi- (a) IN GENERAL.—Chapter 247, as amended ‘‘(A) the service provider continuing to nancial and performance metrics developed by section 209, is amended by adding at the provide passenger rail service on the route under section 208 of the Passenger Rail In- end thereof the following: that is no less frequent, nor over a shorter vestment and Improvement Act of 2005, Am- ‘‘§ 24711. Alternate passenger rail service pro- distance, than Amtrak provided on that trak shall— gram route before the award; and ‘‘(1) evaluate annually the financial and ‘‘(B) the service provider’s compliance with operating performance of each long distance ‘‘(a) IN GENERAL.—Within 1 year after the the minimum standards established under passenger rail route operated by Amtrak; date of enactment of the Passenger Rail In- section 208 of the Passenger Rail Investment and vestment and Improvement Act of 2005, the and Improvement Act of 2005 and such addi- ‘‘(2) rank the overall performance of such Federal Railroad Administration shall ini- tional performance standards as the Admin- routes for 2006 and identify each long dis- tiate a rulemaking proceeding to develop a istration may establish; tance passenger rail route operated by Am- program under which— ‘‘(2) it shall, if the award is made to a rail trak in 2006 according to its overall perform- ‘‘(1) a rail carrier or rail carriers that own carrier other than Amtrak, require Amtrak ance as belonging to the best performing infrastructure over which Amtrak operates a to provide access to its reservation system, third of such routes, the second best per- passenger rail service route described in sub- stations, and facilities to any rail carrier or forming third of such routes, or the worst paragraph (B), (C), or (D) of section 24102(5) rail carriers awarded a contract under this performing third of such routes. or in section 24702 of title 49, United States section, in accordance with section 218 of ‘‘(b) PERFORMANCE IMPROVEMENT PLAN.— Code may petition the Federal Railroad Ad- Amtrak shall develop and publish a perform- ministration to be considered as a passenger that Act, necessary to carry out the purposes ance improvement plan for its long distance rail service provider over that route in lieu of this section; passenger rail routes to achieve financial of Amtrak; ‘‘(3) the employees of any person used by a and operating improvements based on the ‘‘(2) the Administration would notify Am- rail carrier or rail carriers (as defined in sec- data collected through the application of the trak within 30 days after receiving a petition tion 10102(5) of this title) in the operation of financial and performance metrics developed under paragraph (1) and establish a deadline a route under this section shall be considered under section 208 of that Act. The plan shall by which both the petitioner and Amtrak an employee of that carrier or carriers and address— would be required to submit a bid to provide subject to the applicable Federal laws and ‘‘(1) on-time performance; passenger rail service over the route to regulations governing similar crafts or class- ‘‘(2) scheduling, frequency, routes, and which the petition relates; es of employees of Amtrak, including provi- stops; ‘‘(3) each bid would describe how the bidder sions under section 121 of the Amtrak Re- ‘‘(3) the feasibility of restructuring service would operate the route, what Amtrak pas- form and Accountability Act of 1997 relating into connected corridor service; senger equipment would be needed, if any, to employees that provide food and beverage ‘‘(4) performance-related equipment what sources of non-Federal funding the bid- service; and changes and capital improvements; der would use, including any State subsidy, ‘‘(4) the winning bidder shall provide pref- ‘‘(5) on-board amenities and service, in- among other things; erence in hiring to qualified Amtrak employ- cluding food, first class, and sleeping car ‘‘(4) the Administration would make a de- ees displaced by the award of the bid, con- service; cision and execute a contract within a speci- sistent with the staffing plan submitted by ‘‘(6) State or other non-Federal financial fied, limited time after that deadline award- the bidder. ‘‘(d) CESSATION OF SERVICE.—If a rail car- contributions; ing to the winning bidder— rier or rail carriers awarded a route under ‘‘(7) improving financial performance; and ‘‘(A) the right and obligation to provide this section cease to operate the service or ‘‘(8) other aspects of Amtrak’s long dis- passenger rail service over that route subject fail to fulfill their obligations under the con- tance passenger rail routes that affect the fi- to such performance standards as the Admin- tract required under subsection (c), the Ad- nancial, competitive, and functional per- istration may require, consistent with the ministrator, in collaboration with the Sur- formance of service on Amtrak’s long dis- standards developed under section 208 of this face Transportation Board shall take any tance passenger rail routes. division; and necessary action consistent with this title to ‘‘(c) IMPLEMENTATION.—Amtrak shall im- ‘‘(B) an operating subsidy— plement the performance improvement plan ‘‘(i) for the first year at a level not in ex- enforce the contract and ensure the contin- developed under subsection (b)— cess of the level in effect during the fiscal ued provision of service, including the in- ‘‘(1) beginning in fiscal year 2007 for those year preceding the fiscal year in which the stallment of an interim service provider and routes identified as being in the worst per- petition was received, adjusted for inflation; re-bidding the contract to operate the serv- forming third under subsection (a)(2); ‘‘(ii) for any subsequent years at such ice. The entity providing service shall either ‘‘(2) beginning in fiscal year 2008 for those level, adjusted for inflation; and be Amtrak or a rail carrier defined in section routes identified as being in the second best ‘‘(5) each bid would contain a staffing plan 24711(a)(1). performing third under subsection (a)(2); and describing the number of employees needed ‘‘(e) ADEQUATE RESOURCES.—Before taking ‘‘(3) beginning in fiscal year 2009 for those to operate the service, the job assignments any action allowed under this section, the routes identified as being in the best per- and requirements, and the terms of work for Secretary shall certify that the Adminis- forming third under subsection (a)(2). prospective and current employees of the trator has sufficient resources that are ade- ‘‘(d) ENFORCEMENT.—The Federal Railroad bidder for the service outlined in the bid, and quate to undertake the program established Administration shall monitor the develop- such staffing plan would be made available under this section.’’. ment, implementation, and outcome of im- by the winning bidder to the public after the (b) CONFORMING AMENDMENT.—The chapter provement plans under this section. If, for bid award. analysis for chapter 247, as amended by section 209, is amended by inserting after the any year, it determines that Amtrak is not ‘‘(b) IMPLEMENTATION.— item relating to section 24710 the following: making reasonable progress in implementing ‘‘(1) INITIAL PETITIONS.—Pursuant to any its performance improvement plan or in rules or regulations promulgated under sub- ‘‘24711. Alternate passenger rail service pro- achieving the expected outcome of the plan section (A), the Administration shall estab- gram’’. for any calendar year, the Federal Railroad lish a deadline for the submission of a peti- SEC. 212. EMPLOYEE TRANSITION ASSISTANCE. Administration— tion under subsection (a)— (a) PROVISION OF FINANCIAL INCENTIVES.— ‘‘(1) shall notify Amtrak, the Inspector ‘‘(A) during fiscal year 2007 for operations For Amtrak employees who are adversely af- General of the Department of Transpor- commencing in fiscal year 2008; and fected by the cessation of the operation of a

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.114 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12261 long distance route or any other route under 49, United States Code, and other Northeast provide to the Commission, on a reimburs- section 24711 of title 49, United States Code, Corridor users regarding the plan. able basis, the administrative support serv- previously operated by Amtrak, the Sec- (3) The Secretary shall make grants to the ices necessary for the Commission to carry retary shall develop a program under which Corporation with funds authorized by section out its responsibilities under this section. the Secretary may, in the Secretary’s discre- 101(b) for Northeast Corridor capital invest- ‘‘(10) The commission shall consult with tion, provide grants for financial incentives ments contained within the capital spending other entities as appropriate. to be provided to employees of the National plan prepared by the Corporation and ap- ‘‘(b) GENERAL RECOMMENDATIONS.—The Railroad Passenger Corporation who volun- proved by the Secretary. Commission shall develop recommendations tarily terminate their employment with the (4) Using the funds authorized by section concerning Northeast Corridor rail infra- Corporation and relinquish any legal rights 101(d), the Secretary shall review Amtrak’s structure and operations including proposals to receive termination-related payments capital expenditures funded by this section addressing, as appropriate— under any contractual agreement with the to ensure that such expenditures are con- ‘‘(1) short-term and long term capital in- Corporation. sistent with the capital spending plan and vestment needs beyond the state-of-good-re- (b) CONDITIONS FOR FINANCIAL INCEN- that Amtrak is providing adequate project pair under section 213; TIVES.—As a condition for receiving financial management oversight and fiscal controls. ‘‘(2) future funding requirements for cap- assistance grants under this section, the Cor- (c) ELIGIBILITY OF EXPENDITURES.—The ital improvements and maintenance; poration must certify that— Federal share of expenditures for capital im- ‘‘(3) operational improvements of intercity (1) a reasonable attempt was made to reas- provements under this section may not ex- passenger rail, commuter rail, and freight sign an employee adversely affected under ceed 100 percent. section 24711 of title 49, United States Code, rail services; SEC. 214. NORTHEAST CORRIDOR INFRASTRUC- ‘‘(4) opportunities for additional non-rail or by the elimination of any route, to other TURE AND OPERATIONS IMPROVE- positions within the Corporation in accord- MENTS. uses of the Northeast Corridor; ‘‘(5) scheduling and dispatching; ance with any contractual agreements; (a) IN GENERAL.—Section 24905 is amended (2) the financial assistance results in a net to read as follows: ‘‘(6) safety and security enhancements; ‘‘(7) equipment design; reduction in the total number of employees ‘‘§ 24905. Northeast Corridor Infrastructure equal to the number receiving financial in- ‘‘(8) marketing of rail services; and and Operations Advisory Commission; Safe- ‘‘(9) future capacity requirements. centives; ty and Security Committee. (3) the financial assistance results in a net ‘‘(c) ACCESS COSTS.— ‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE reduction in total employment expense ‘‘(1) DEVELOPMENT OF FORMULA.—Within 1 AND OPERATIONS ADVISORY COMMISSION.— equivalent to the total employment expenses ‘‘(1) Within 180 days after the date of en- year after verification of Amtrak’s new fi- associated with the employees receiving fi- actment of the Passenger Rail Investment nancial accounting system pursuant to sec- nancial incentives; and and Improvement Act of 2005, the Secretary tion 203(b) of the Passenger Rail Investment (4) the total number of employees eligible of Transportation shall establish a Northeast and Improvement Act of 2005, the Commis- for termination-related payments will not be Corridor Infrastructure and Operations Advi- sion shall— increased without the express written con- sory Commission (hereinafter referred to in ‘‘(A) develop a standardized formula for de- sent of the Secretary. this section as the ‘Commission’) to promote termining and allocating costs, revenues, (c) AMOUNT OF FINANCIAL INCENTIVES.—The and compensation for Northeast Corridor financial incentives authorized under this mutual cooperation and planning pertaining to the rail operations and related activities commuter rail passenger transportation, as section may be no greater than $50,000 per defined in section 24102 of this title, that use employee. of the Northeast Corridor. The Commission shall be made up of— National Railroad Passenger Corporation fa- (d) AUTHORIZATION OF APPROPRIATIONS.— cilities or services or that provide such fa- There are hereby authorized to be appro- ‘‘(A) members representing the National Railroad Passenger Corporation; cilities or services to the National Railroad priated to the Secretary such sums as may Passenger Corporation that ensure that— be necessary to make grants to the National ‘‘(B) members representing the Secretary of Transportation and the Federal Railroad ‘‘(i) there is no cross-subsidization of com- Railroad Passenger Corporation to provide muter rail passenger, intercity rail pas- financial incentives under subsection (a). Administration; ‘‘(C) 1 member from each of the States (in- senger, or freight rail transportation; and (e) TERMINATION-RELATED PAYMENTS.—If ‘‘(ii) each service is assigned the costs in- Amtrak employees adversely affected by the cluding the District of Columbia) that constitute the Northeast Corridor as defined in curred only for the benefit of that service, cessation of Amtrak service resulting from and a proportionate share, based upon fac- the awarding of a grant to an operator other section 24102, designated by, and serving at the pleasure of, the chief executive officer tors that reasonably reflect relative use, of than Amtrak for the operation of a route costs incurred for the common benefit of under section 24711 of title 49, United States thereof; and ‘‘(D) non-voting representatives of freight more than 1 service; Code, or any other route, previously oper- ‘‘(B) develop a proposed timetable for im- ated by Amtrak do not receive financial in- railroad carriers using the Northeast Cor- ridor selected by the Secretary. plementing the formula before the end of the centives under subsection (a), then the Sec- 6th year following the date of enactment of retary shall make grants to the National ‘‘(2) The Secretary shall ensure that the membership belonging to any of the groups that Act; Railroad Passenger Corporation from funds ‘‘(C) transmit the proposed timetable to authorized by section 102 of this division for enumerated under subparagraph (1) shall not constitute a majority of the commission’s the Surface Transportation Board; and termination-related payments to employees ‘‘(D) at the request of a Commission mem- under existing contractual agreements. memberships. ‘‘(3) The commission shall establish a ber, petition the Surface Transportation SEC. 213. NORTHEAST CORRIDOR STATE-OF- Board to appoint a mediator to assist the GOOD-REPAIR PLAN. schedule and location for convening meet- Commission members through non-binding (a) IN GENERAL.—Within 6 months after the ings, but shall meet no less than four times mediation to reach an agreement under this date of enactment of this Act, the National per fiscal year, and the commission shall de- section. Railroad Passenger Corporation, in consulta- velop rules and procedures to govern the ‘‘(2) IMPLEMENTATION.—The National Rail- tion with the Secretary and the States (in- commission’s proceedings. road Passenger Corporation and the com- cluding the District of Columbia) that make ‘‘(4) A vacancy in the Commission shall be muter authorities providing commuter rail up the Northeast Corridor (as defined in sec- filled in the manner in which the original ap- passenger transportation on the Northeast tion 24102 of title 49, United States Code), pointment was made. Corridor shall implement new agreements shall prepare a capital spending plan for cap- ‘‘(5) Members shall serve without pay but for usage of facilities or services based on ital projects required to return the North- shall receive travel expenses, including per the formula proposed in paragraph (1) in ac- east Corridor to a state of good repair by the diem in lieu of subsistence, in accordance cordance with the timetable established end of fiscal year 2011, consistent with the with sections 5702 and 5703 of title 5, United therein. If the entities fail to implement funding levels authorized in this division and States Code. such new agreements in accordance with the shall submit the plan to the Secretary. ‘‘(6) The Chairman of the Commission shall timetable, the Commission shall petition the (b) APPROVAL BY THE SECRETARY.— be elected by the members. (1) The Corporation shall submit the cap- ‘‘(7) The Commission may appoint and fix Surface Transportation Board to determine ital spending plan prepared under this sec- the pay of such personnel as it considers ap- the appropriate compensation amounts for tion to the Secretary of Transportation for propriate. such services in accordance with section review and approval pursuant to the proce- ‘‘(8) Upon request of the Commission, the 24904(c) of this title. The Surface Transpor- dures developed under section 205 of this di- head of any department or agency of the tation Board shall enforce its determination vision. United States may detail, on a reimbursable on the party or parties involved. (2) The Secretary of Transportation shall basis, any of the personnel of that depart- ‘‘(d) TRANSMISSION OF RECOMMENDATIONS.— require that the plan be updated at least an- ment or agency to the Commission to assist The commission shall annually transmit the nually and shall review and approve such up- it in carrying out its duties under this sec- recommendations developed under sub- dates. During review, the Secretary shall tion. section (b) and the formula and timetable de- seek comments and review from the commis- ‘‘(9) Upon the request of the Commission, veloped under subsection (c)(1) to the Senate sion established under section 24905 of title the Administrator of General Services shall Committee on Commerce, Science, and

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Transportation and the House of Representa- (2) INTEREST ON DEBT.—Unless the Sec- with Amtrak to use facilities and equipment tives Committee on Transportation and In- retary of Treasury makes sufficient pay- of, or have services provided by, Amtrak frastructure. ments to creditors under subsection (d) so under terms agreed to by the State and Am- ‘‘(e) NORTHEAST CORRIDOR SAFETY AND SE- that Amtrak is required to make no pay- trak to enable the State to utilize an entity CURITY COMMITTEE.— ments to creditors in a fiscal year, the Sec- other than Amtrak to provide services re- ‘‘(1) IN GENERAL.—The Secretary shall es- retary of Transportation shall use funds au- quired for operation of the route. If the par- tablish a Northeast Corridor Safety and Se- thorized by section 103(a)(2) for the use of ties cannot agree upon terms, and the Sur- curity Committee composed of members ap- Amtrak for the payment of interest on loans face Transportation Board finds that access pointed by the Secretary. The members shall for capital equipment, or capital leases. to Amtrak’s facilities or equipment, or the be representatives of— (3) REDUCTIONS IN AUTHORIZATION LEVELS.— provision of services by Amtrak, is necessary ‘‘(A) the Secretary; Whenever action taken by the Secretary of to carry out this provision and that the oper- ‘‘(B) Amtrak; the Treasury under subsection (a) results in ation of Amtrak’s other services will not be ‘‘(C) freight carriers operating more than reductions in amounts of principal or inter- impaired thereby, the Surface Transpor- 150,000 train miles a year on the main line of est that Amtrak must service on existing tation Board shall, within 120 days after sub- the Northeast Corridor; debt, the corresponding amounts authorized mission of the dispute, issue an order that ‘‘(D) commuter agencies; by section 103(a)(1) or (2) shall be reduced ac- the facilities and equipment be made avail- ‘‘(E) rail passengers; cordingly. able, and that services be provided, by Am- ‘‘(F) rail labor; (f) LEGAL EFFECT OF PAYMENTS UNDER THIS trak, and shall determine reasonable com- ‘‘(G) the Transportation Security Adminis- SECTION.—The payment of principal and in- pensation, liability and other terms for use tration; and terest on secured debt, other than debt as- of the facilities and equipment and provision ‘‘(H) other individuals and organizations sumed under subsection (d), with the proof the services. Compensation shall be deter- the Secretary decides have a significant in- ceeds of grants under subsection (e) shall mined in accord with the methodology estab- terest in rail safety or security. not— lished pursuant to section 206 of this divi- ‘‘(2) FUNCTION; MEETINGS.—The Secretary (1) modify the extent or nature of any in- sion. shall consult with the Committee about safe- debtedness of the National Railroad Pas- ty and security improvements on the North- SEC. 219. GENERAL AMTRAK PROVISIONS. senger Corporation to the United States in (a) REPEAL OF SELF-SUFFICIENCY REQUIRE- east Corridor main line. The Committee existence of the date of enactment of this shall meet at least once every 2 years to con- MENTS. Act; sider safety matters on the main line. (1) TITLE 49 AMENDMENTS.—Chapter 241 is (2) change the private nature of Amtrak’s ‘‘(3) REPORT.—At the beginning of the first amended— or its successors’ liabilities; or session of each Congress, the Secretary shall (A) by striking the last sentence of section (3) imply any Federal guarantee or com- submit a report to the Commission and to 24101(d); and mitment to amortize Amtrak’s outstanding Congress on the status of efforts to improve (B) by striking the last sentence of section indebtedness. safety and security on the Northeast Cor- 24104(a). (g) SECRETARY APPROVAL.—Amtrak may ridor main line. The report shall include the (2) AMTRAK REFORM AND ACCOUNTABILITY not incur more debt after the date of enact- safety recommendations of the Committee ACT AMENDMENTS.—Title II of the Amtrak ment of this Act without the express ad- and the comments of the Secretary on those Reform and Accountability Act of 1997 (49 vance approval of the Secretary of Transpor- recommendations.’’. U.S.C. 24101 nt) is amended by striking sec- tation. (3) CONFORMING AMENDMENTS.—Section tions 204 and 205. EPORT.—The Secretary of the Treas- 24904(c)(2) is amended by— (h) R (3) COMMON STOCK REDEMPTION DATE.—Sec- (A) inserting ‘‘commuter rail passenger’’ ury shall transmit a report to the Senate tion 415 of the Amtrak Reform and Account- after ‘‘between’’; and Committee on Commerce, Science, and ability Act of 1997 (49 U.S.C. 24304 nt) is (B) striking ‘‘freight’’ in the second sen- Transportation, the Senate Committee on amended by striking subsection (b). tence. Appropriations, the House of Representa- (b) LEASE ARRANGEMENTS.—Amtrak may tives Committee on Transportation and In- SEC. 215. RESTRUCTURING LONG-TERM DEBT obtain services from the Administrator of AND CAPITAL LEASES. frastructure, and the House of Representa- General Services, and the Administrator (a) IN GENERAL.—The Secretary of the tives Committee on Appropriations by June may provide services to Amtrak, under sec- Treasury, in consultation with the Secretary 1, 2007— tion 201(b) and 211(b) of the Federal Property of Transportation and Amtrak, may make (1) describing in detail any agreements to and Administrative Service Act of 1949 (40 agreements to restructure Amtrak’s indebt- restructure the Amtrak debt; and U.S.C. 481(b) and 491(b)) for each of fiscal edness as of the date of enactment of this (2) providing an estimate of the savings to years 2006 through 2011. Amtrak and the United States Government. Act. This authorization expires on January SEC. 220. PRIVATE SECTOR FUNDING OF PAS- 1, 2007. SEC. 216. STUDY OF COMPLIANCE REQUIRE- SENGER TRAINS. (b) DEBT RESTRUCTURING.—The Secretary MENTS AT EXISTING INTERCITY Amtrak is encouraged to increase its oper- RAIL STATIONS. of Treasury, in consultation with the Sec- ation of trains funded by the private sector Amtrak, in consultation with station own- retary of the Transportation and Amtrak, in order to minimize its need for Federal shall enter into negotiations with the holders, shall evaluate the improvements nec- subsidies. Amtrak shall utilize the provi- ers of Amtrak debt, including leases, out- essary to make all existing stations it serves sions of section 24308 of title 49, United standing on the date of enactment of this readily accessible to and usable by individ- States Code, when necessary to obtain access Act for the purpose of restructuring (includ- uals with disabilities, as required by section to facilities, train and engine crews, or serving repayment) and repaying that debt. The 242(e)(2) of the Americans with Disabilities ices of a rail carrier or regional transpor- Secretary of the Treasury may secure agree- Act of 1990 (42 U.S.C. 12162(e)(2)). The evalua- tation authority that are required to operate ments for restructuring or repayment on tion shall include the estimated cost of the such trains. such terms as the Secretary of the Treasury improvements necessary, the identification deems favorable to the interests of the Gov- of the responsible person (as defined in sec- SEC. 221. ON-BOARD SERVICE IMPROVEMENTS. ernment. tion 241(5) of that Act (42 U.S.C. 12161(5))), (a) IN GENERAL.—Within 1 year after (c) CRITERIA.—In restructuring Amtrak’s and the earliest practicable date when such metrics and standards are established under indebtedness, the Secretary and Amtrak— improvements can be made. Amtrak shall section 208 of this division, Amtrak shall de- (1) shall take into consideration repayment submit the evaluation to the Senate Com- velop and implement a plan to improve on- costs, the term of any loan or loans, and mittee on Commerce, Science, and Transpor- board service pursuant to the metrics and market conditions; and tation, the House of Representatives Com- standards for such service developed under (2) shall ensure that the restructuring re- mittee on Transportation and Infrastruc- that section. sults in significant savings to Amtrak and ture, and the National Council on Disability (b) REPORT.—Amtrak shall provide a report the United States Government. by September 30, 2007, along with rec- to the Senate Committee on Commerce, (d) PAYMENT OF RENEGOTIATED DEBT.—If ommendations for funding the necessary im- Science, and Transportation and the House the criteria under subsection (c) are met, the provements. of Representatives Committee on Transpor- Secretary of Treasury shall assume or repay tation and Infrastructure on the on-board SEC. 217. INCENTIVE PAY. the restructured debt, as appropriate. service improvements proscribed in the plan The Amtrak Board of Directors is encour- (e) AMTRAK PRINCIPAL AND INTEREST PAY- and the timeline for implementing such im- aged to develop an incentive pay program for MENTS.— provements. (1) PRINCIPAL ON DEBT SERVICE.—Unless the Amtrak management employees. Secretary of Treasury makes sufficient pay- SEC. 222. AMTRAK MANAGEMENT ACCOUNT- SEC. 218. ACCESS TO AMTRAK EQUIPMENT AND ABILITY. ments to creditors under subsection (d) so SERVICES. (a) IN GENERAL.—Chapter 243 is amended that Amtrak is required to make no pay- If a State desires to select or selects an en- by inserting after section 24309 the following: ments to creditors in a fiscal year, the Sec- tity other than Amtrak to provide services retary of Transportation shall use funds au- required for the operation of an intercity ‘‘§ 24310. Management accountability thorized by section 103(a)(1) for the use of passenger train route described in section ‘‘(a) IN GENERAL.—Three years after the Amtrak for retirement of principal on loans 24102(5)(D) or 24702 of title 49, United States date of enactment of the Passenger Rail In- for capital equipment, or capital leases. Code, the State may make an agreement vestment and Improvement Act of 2005, and

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.114 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12263 two years thereafter, the Inspector General means transportation services with the pri- ‘‘(B) the national rail plan (if it is avail- of the Department of Transportation shall mary purpose of passenger transportation able); and complete an overall assessment of the between towns, cities and metropolitan areas ‘‘(5) favor the following kinds of projects: progress made by Amtrak management and by rail, including high-speed rail, as defined ‘‘(A) Projects that are expected to have a the Department of Transportation in imple- in section 24102 of title 49, United States significant favorable impact on air or high- menting the provisions of that Act. Code. way traffic congestion, capacity, or safety. ‘‘(b) ASSESSMENT.—The management as- ‘‘§ 24402. Capital investment grants to sup- ‘‘(B) Projects that also improve freight or sessment undertaken by the Inspector Gen- port intercity passenger rail service. commuter rail operations. eral may include a review of— ‘‘(C) Projects that have significant envi- ‘‘(a) GENERAL AUTHORITY.— ronmental benefits. ‘‘(1) effectiveness improving annual finan- ‘‘(1) The Secretary of Transportation may ‘‘(D) Projects that are— cial planning; make grants under this section to an appli- ‘‘(i) at a stage of preparation that all pre- ‘‘(2) effectiveness in implementing im- cant to assist in financing the capital costs commencement compliance with environ- proved financial accounting; of facilities and equipment necessary to pro- mental protection requirements has already ‘‘(3) efforts to implement minimum train vide or improve intercity passenger rail been completed; and performance standards; transportation. ‘‘(4) progress maximizing revenues and ‘‘(ii) ready to be commenced. ‘‘(2) The Secretary shall require that a ‘‘(E) Projects with positive economic and minimizing Federal subsidies; and grant under this section be subject to the ‘‘(5) any other aspect of Amtrak operations employment impacts. terms, conditions, requirements, and provi- ‘‘(F) Projects that encourage the use of the Inspector General finds appropriate to sions the Secretary decides are necessary or review.’’. positive train control technologies. appropriate for the purposes of this section, ‘‘(G) Projects that have commitments of (b) CONFORMING AMENDMENT.—The chapter including requirements for the disposition of analysis for chapter 243 is amended by in- funding from non-Federal Government net increases in value of real property result- sources in a total amount that exceeds the serting after the item relating to section ing from the project assisted under this sec- 24309 the following: minimum amount of the non-Federal con- tion and shall prescribe procedures and tribution required for the project. ‘‘24310. Management accountability’’. schedules for the awarding of grants under ‘‘(H) Projects that involve donated prop- TITLE III—INTERCITY PASSENGER RAIL this title, including application and quali- erty interests or services. POLICY fication procedures and a record of decision ‘‘(I) Projects that are identified by the Sur- SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY on applicant eligibility. The Secretary shall face Transportation Board as necessary to PASSENGER RAIL SERVICE; STATE issue a final rule establishing such proce- improve the on time performance and reli- RAIL PLANS. dures not later than 90 days after the date of ability of intercity passenger rail under sec- (a) IN GENERAL.—Part C of subtitle V is enactment of the Passenger Rail Investment tion 24308(f). amended by inserting the following after and Improvement Act of 2005. ‘‘(d) AMTRAK ELIGIBILITY.—To receive a chapter 243: ‘‘(b) PROJECT AS PART OF STATE RAIL grant under this section, the National Rail- ‘‘CHAPTER 244. INTERCITY PASSENGER PLAN.— road Passenger Corporation may enter into a RAIL SERVICE CORRIDOR CAPITAL AS- ‘‘(1) The Secretary may not approve a cooperative agreement with 1 or more States SISTANCE grant for a project under this section unless to carry out 1 or more projects on a State the Secretary finds that the project is part rail plan’s ranked list of rail capital projects ‘‘Sec. of a State rail plan developed under chapter developed under section 22504(a)(5) of this ‘‘24401. Definitions. 225 of this title, or under the plan required title. ‘‘24402. Capital investment grants to support by section 203 of the Passenger Rail Invest- ‘‘(e) LETTERS OF INTENT, FULL FUNDING intercity passenger rail service. ment and Improvement Act of 2005, and that GRANT AGREEMENTS, AND EARLY SYSTEMS ‘‘24403. Project management oversight the applicant or recipient has or will have WORK AGREEMENTS.— ‘‘24404. Use of capital grants to finance first- the legal, financial, and technical capacity ‘‘(1)(A) The Secretary may issue a letter of dollar liability of grant project. to carry out the project, satisfactory con- intent to an applicant announcing an inten- ‘‘24405. Grant conditions. tinuing control over the use of the equip- tion to obligate, for a major capital project ‘‘§ 24401. Definitions ment or facilities, and the capability and under this section, an amount from future ‘‘In this subchapter: willingness to maintain the equipment or fa- available budget authority specified in law ‘‘(1) APPLICANT.—The term ‘applicant’ cilities. that is not more than the amount stipulated means a State (including the District of Co- ‘‘(2) An applicant shall provide sufficient as the financial participation of the Sec- lumbia), a group of States, an Interstate information upon which the Secretary can retary in the project. Compact, or a public agency established by make the findings required by this sub- ‘‘(B) At least 30 days before issuing a letter one or more States and having responsibility section. under subparagraph (A) of this paragraph or for providing intercity passenger rail serv- ‘‘(3) If an applicant has not selected the entering into a full funding grant agreement, ice. proposed operator of its service competi- the Secretary shall notify in writing the ‘‘(2) CAPITAL PROJECT.—The term ‘capital tively, the applicant shall provide written Committee on Transportation and Infra- project’ means a project or program in a justification to the Secretary showing why structure of the House of Representatives State rail plan developed under chapter 225 the proposed operator is the best, taking and the Committee on Commerce, Science, of this title for— into account price and other factors, and and Transportation of the Senate and the ‘‘(A) acquiring, constructing, improving, or that use of the proposed operator will not House and Senate Committees on Appropria- inspecting equipment, track and track struc- unnecessarily increase the cost of the tions of the proposed letter or agreement. tures, or a facility for use in or for the pri- project. The Secretary shall include with the notifi- mary benefit of intercity passenger rail serv- ‘‘(c) PROJECT SELECTION CRITERIA.—The cation a copy of the proposed letter or agree- ice, expenses incidental to the acquisition or Secretary, in selecting the recipients of fi- ment as well as the evaluations and ratings construction (including designing, engineer- nancial assistance to be provided under sub- for the project. ing, location surveying, mapping, environ- section (a), shall— ‘‘(C) An obligation or administrative com- mental studies, and acquiring rights-of-way), ‘‘(1) require that each proposed project mitment may be made only when amounts payments for the capital portions of rail meet all safety and security requirements are appropriated. trackage rights agreements, highway-rail that are applicable to the project under law; ‘‘(2)(A) The Secretary may make a full grade crossing improvements related to ‘‘(2) give preference to projects with high funding grant agreement with an applicant. intercity passenger rail service, security, levels of estimated ridership, increased on- The agreement shall— mitigating environmental impacts, commu- time performance, reduced trip time, addi- ‘‘(i) establish the terms of participation by nication and signalization improvements, re- tional service frequency to meet anticipated the United States Government in a project location assistance, acquiring replacement or existing demand, or other significant serv- under this section; housing sites, and acquiring, constructing, ice enhancements as measured against min- ‘‘(ii) establish the maximum amount of relocating, and rehabilitating replacement imum standards developed under section 208 Government financial assistance for the housing; of the Passenger Rail Investment and Im- project; ‘‘(B) rehabilitating, remanufacturing or provement Act of 2005; ‘‘(iii) cover the period of time for com- overhauling rail rolling stock and facilities ‘‘(3) encourage intermodal connectivity pleting the project, including a period ex- used primarily in intercity passenger rail through projects that provide direct connec- tending beyond the period of an authoriza- service; tions between train stations, airports, bus tion; and ‘‘(C) costs associated with developing State terminals, subway stations, ferry ports, and ‘‘(iv) make timely and efficient manage- rail plans; and other modes of transportation; ment of the project easier according to the ‘‘(D) the first-dollar liability costs for in- ‘‘(4) ensure that each project is compatible law of the United States. surance related to the provision of intercity with, and is operated in conformance with— ‘‘(B) An agreement under this paragraph passenger rail service under section 24404. ‘‘(A) plans developed pursuant to the re- obligates an amount of available budget au- ‘‘(3) INTERCITY PASSENGER RAIL SERVICE.— quirements of section 135 of title 23, United thority specified in law and may include a The term ‘intercity passenger rail service’ States Code; and commitment, contingent on amounts to be

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.115 S02NOPT1 S12264 CONGRESSIONAL RECORD — SENATE November 2, 2005 specified in law in advance for commitments ‘‘(B) A grant for the project shall not ex- ‘‘(A) ownership or operation of any land, under this paragraph, to obligate an addi- ceed 80 percent of the project net capital facility, locomotive, rail car, vehicle, or tional amount from future available budget cost. other physical asset associated with the authority specified in law. The agreement ‘‘(C) The Secretary shall give priority in project; shall state that the contingent commitment allocating future obligations and contingent ‘‘(B) cost-sharing of any project expense; is not an obligation of the Government and commitments to incur obligations to grant ‘‘(C) carrying out administration, con- is subject to the availability of appropria- requests seeking a lower Federal share of the struction management, project management, tions made by Federal law and to Federal project net capital cost. project operation, or any other management laws in force on or enacted after the date of ‘‘(2) Up to an additional 20 percent of the or operational duty associated with the the contingent commitment. Interest and required non-Federal funds may be funded project; and other financing costs of efficiently carrying from amounts appropriated to or made avail- ‘‘(D) any other form of participation ap- out a part of the project within a reasonable able to a department or agency of the Fed- proved by the Secretary. time are a cost of carrying out the project eral Government that are eligible to be ex- ‘‘(3) SUB-ALLOCATION.—A State may allo- under a full funding grant agreement, except pended for transportation. cate funds under this section to any entity that eligible costs may not be more than the ‘‘(3) 50 percent of the average amounts ex- described in paragraph (1). cost of the most favorable financing terms pended by a State or group of States (includ- ‘‘(j) SPECIAL TRANSPORTATION CIR- reasonably available for the project at the ing the District of Columbia) for capital CUMSTANCES.—In carrying out this section, time of borrowing. The applicant shall cer- projects to benefit intercity passenger rail the Secretary shall allocate an appropriate tify, in a way satisfactory to the Secretary, service in fiscal years 2003, 2004, and 2005 portion of the amounts available under this that the applicant has shown reasonable dili- shall be credited towards the matching re- section to provide grants to States— gence in seeking the most favorable financ- quirements for grants awarded under this ‘‘(1) in which there is no intercity pas- ing terms. section. The Secretary may require such in- senger rail service for the purpose of funding ‘‘(3)(A) The Secretary may make an early formation as necessary to verify such ex- freight rail capital projects that are on a systems work agreement with an applicant if penditures. State rail plan developed under chapter 225 a record of decision under the National Envi- ‘‘(4) 50 percent of the average amounts ex- of this title that provide public benefits (as ronmental Policy Act of 1969 (42 U.S.C. 4321 pended by a State or group of States (includ- defined in chapter 225) as determined by the et seq.) has been issued on the project and ing the District of Columbia) in a fiscal year Secretary; or the Secretary finds there is reason to be- beginning in 2006 for capital projects to ben- ‘‘(2) in which the rail transportation sys- lieve— efit intercity passenger rail service or for the tem is not physically connected to rail sys- ‘‘(i) a full funding grant agreement for the operating costs of such service above the av- tems in the continental United States or project will be made; and erage of expenditures made for such service may not otherwise qualify for a grant under ‘‘(ii) the terms of the work agreement will in fiscal years 2003, 2004, and 2005 shall be this section due to the unique characteris- promote ultimate completion of the project credited towards the matching requirements tics of the geography of that State or other more rapidly and at less cost. for grants awarded under this section. The relevant considerations, for the purpose of ‘‘(B) A work agreement under this para- Secretary may require such information as funding transportation-related capital graph obligates an amount of available budg- necessary to verify such expenditures. projects. et authority specified in law and shall pro- ‘‘(g) UNDERTAKING PROJECTS IN ADVANCE.— ‘‘(k) SMALL CAPITAL PROJECTS.—The Sec- vide for reimbursement of preliminary costs ‘‘(1) The Secretary may pay the Federal retary shall make available $10,000,000 annu- of carrying out the project, including land share of the net capital project cost to an ap- ally from the amounts authorized under sec- acquisition, timely procurement of system plicant that carries out any part of a project tion 101(c) of the Passenger Rail Investment and Improvement Act of 2005 beginning in elements for which specifications are de- described in this section according to all ap- fiscal year 2007 for grants for capital projects cided, and other activities the Secretary de- plicable procedures and requirements if— eligible under this section not exceeding cides are appropriate to make efficient, long- ‘‘(A) the applicant applies for the payment; $2,000,000, including costs eligible under sec- term project management easier. A work ‘‘(B) the Secretary approves the payment; tion 206(c) of that Act. The Secretary may agreement shall cover the period of time the and Secretary considers appropriate. The period wave requirements of this section, including ‘‘(C) before carrying out the part of the state rail plan requirements, as appropriate. may extend beyond the period of current au- project, the Secretary approves the plans thorization. Interest and other financing and specifications for the part in the same ‘‘§ 24403. Project management oversight costs of efficiently carrying out the work way as other projects under this section. ‘‘(a) PROJECT MANAGEMENT PLAN REQUIRE- agreement within a reasonable time are a ‘‘(2) The cost of carrying out part of a MENTS.—To receive Federal financial assist- cost of carrying out the agreement, except project includes the amount of interest ance for a major capital project under this that eligible costs may not be more than the earned and payable on bonds issued by the subchapter, an applicant must prepare and cost of the most favorable financing terms applicant to the extent proceeds of the bonds carry out a project management plan ap- reasonably available for the project at the are expended in carrying out the part. How- proved by the Secretary of Transportation. The plan shall provide for— time of borrowing. The applicant shall cer- ever, the amount of interest under this para- ‘‘(1) adequate recipient staff organization tify, in a way satisfactory to the Secretary, graph may not be more than the most favor- with well-defined reporting relationships, that the applicant has shown reasonable dili- able interest terms reasonably available for statements of functional responsibilities, job gence in seeking the most favorable financ- the project at the time of borrowing. The ap- descriptions, and job qualifications; ing terms. If an applicant does not carry out plicant shall certify, in a manner satisfac- ‘‘(2) a budget covering the project manage- the project for reasons within the control of tory to the Secretary, that the applicant has ment organization, appropriate consultants, the applicant, the applicant shall repay all shown reasonable diligence in seeking the property acquisition, utility relocation, sys- Government payments made under the work most favorable financial terms. tems demonstration staff, audits, and mis- agreement plus reasonable interest and pen- ‘‘(3) The Secretary shall consider changes cellaneous payments the recipient may be alty charges the Secretary establishes in the in capital project cost indices when deter- prepared to justify; agreement. mining the estimated cost under paragraph ‘‘(3) a construction schedule for the ‘‘(4) The total estimated amount of future (2) of this subsection. obligations of the Government and contin- ‘‘(h) 2-YEAR AVAILABILITY.—Funds appro- project; gent commitments to incur obligations cov- priated under this section shall remain ‘‘(4) a document control procedure and rec- ered by all outstanding letters of intent, full available until expended. If any amount pro- ordkeeping system; funding grant agreements, and early systems vided as a grant under this section is not ob- ‘‘(5) a change order procedure that includes work agreements may be not more than the ligated or expended for the purposes de- a documented, systematic approach to han- amount authorized under section 101(c) of scribed in subsection (a) within 2 years after dling the construction change orders; Passenger Rail Investment and Improvement the date on which the State received the ‘‘(6) organizational structures, manage- Act of 2005, less an amount the Secretary grant, such sums shall be returned to the ment skills, and staffing levels required reasonably estimates is necessary for grants Secretary for other intercity passenger rail throughout the construction phase; under this section not covered by a letter. development projects under this section at ‘‘(7) quality control and quality assurance The total amount covered by new letters and the discretion of the Secretary. functions, procedures, and responsibilities contingent commitments included in full ‘‘(i) PUBLIC-PRIVATE PARTNERSHIPS.— for construction, system installation, and in- funding grant agreements and early systems ‘‘(1) IN GENERAL.—A metropolitan planning tegration of system components; work agreements may be not more than a organization, State transportation depart- ‘‘(8) material testing policies and proce- limitation specified in law. ment, or other project sponsor may enter dures; ‘‘(f) FEDERAL SHARE OF NET PROJECT into an agreement with any public, private, ‘‘(9) internal plan implementation and re- COST.— or nonprofit entity to cooperatively imple- porting requirements; ‘‘(1)(A) Based on engineering studies, stud- ment any project funded with a grant under ‘‘(10) criteria and procedures to be used for ies of economic feasibility, and information this title. testing the operational system or its major on the expected use of equipment or facili- ‘‘(2) FORMS OF PARTICIPATION.—Participa- components; ties, the Secretary shall estimate the net tion by an entity under paragraph (1) may ‘‘(11) periodic updates of the plan, espe- project cost. consist of— cially related to project budget and project

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.115 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12265 schedule, financing, and ridership estimates; ‘‘(1) the Railroad Retirement Act of 1974 (45 gaining agent or agents for the employees of and U.S.C. 231 et seq.); and the predecessor provider shall commence for ‘‘(12) the recipient’s commitment to sub- ‘‘(2) the Railway Labor Act (43 U.S.C. 151 et the purpose of reaching agreement with remit a project budget and project schedule to seq.). spect to all matters set forth in subpara- the Secretary each month. ‘‘(c) GRANT CONDITIONS.—The Secretary graphs (A) through (D) of paragraph (1). The ‘‘(b) SECRETARIAL OVERSIGHT.— shall require as a condition of making any negotiations shall continue for 30 days or ‘‘(1) The Secretary may use no more than grant under this title for a project that uses until an agreement is reached, whichever is 0.5 percent of amounts made available in a rights-of-way owned by a railroad that— sooner. If at the end of 30 days the parties fiscal year for capital projects under this ‘‘(1) a written agreement exist between the have not entered into an agreement with re- subchapter to enter into contracts to oversee applicant and the railroad regarding such spect to all such matters, the unresolved the construction of such projects. use and ownership, including— issues shall be submitted for arbitration in ‘‘(2) The Secretary may use amounts avail- ‘‘(A) any compensation for such use; accordance with the procedure set forth in able under paragraph (1) of this subsection to ‘‘(B) assurances regarding the adequacy of subparagraph (B). make contracts for safety, procurement, infrastructure capacity to accommodate ‘‘(B) ARBITRATION.—If an agreement has management, and financial compliance re- both existing and future freight and pas- not been entered into with respect to all views and audits of a recipient of amounts senger operations; and matters set forth in subparagraphs (A) under paragraph (1). ‘‘(C) an assurance by the railroad that col- through (D) of paragraph (1) as described in ‘‘(3) The Federal Government shall pay the lective bargaining agreements with the rail- subparagraph (A) of this paragraph, the par- entire cost of carrying out a contract under road’s employees (including terms regulating ties shall select an arbitrator. If the parties this subsection. the contracting of work) will remain in full are unable to agree upon the selection of ‘‘(c) ACCESS TO SITES AND RECORDS.—Each force and effect according to their terms for such arbitrator within 5 days, either or both recipient of assistance under this subchapter work performed by the railroad on the rail- parties shall notify the National Mediation shall provide the Secretary and a contractor road transportation corridor; Board, which shall provide a list of seven ar- the Secretary chooses under subsection (c) of ‘‘(D) an assurance that an applicant com- bitrators with experience in arbitrating rail this section with access to the construction plies with liability requirements consistent labor protection disputes. Within 5 days sites and records of the recipient when rea- with section 28103 of this title; and after such notification, the parties shall al- sonably necessary. ‘‘(2) the applicant agrees to comply with— ternately strike names from the list until ‘‘(A) the standards of section 24312 of this ‘‘§ 24404. Use of capital grants to finance first- only 1 name remains, and that person shall title, as such section was in effect on Sep- dollar liability of grant project serve as the neutral arbitrator. Within 45 tember 1, 2003, with respect to the project in ‘‘Notwithstanding the requirements of sec- days after selection of the arbitrator, the ar- the same manner that the National Railroad tion 24402 of this subchapter, the Secretary bitrator shall conduct a hearing on the dis- Passenger Corporation is required to comply of Transportation may approve the use of pute and shall render a decision with respect with those standards for construction work capital assistance under this subchapter to to the unresolved issues among the matters financed under an agreement made under fund self-insured retention of risk for the set forth in subparagraphs (A) through (D) of section 24308(a) of this title; and first tier of liability insurance coverage for paragraph (1). This decision shall be final, rail passenger service associated with the ‘‘(B) the protective arrangements estab- binding, and conclusive upon the parties. capital assistance grant, but the coverage lished under section 504 of the Railroad Revi- The salary and expenses of the arbitrator may not exceed $20,000,000 per occurrence or talization and Regulatory Reform Act of 1976 shall be borne equally by the parties; all $20,000,000 in aggregate per year. (45 U.S.C. 836) with respect to employees af- other expenses shall be paid by the party in- ‘‘§ 24405. Grant conditions fected by actions taken in connection with the project to be financed in whole or in part curring them. ‘‘(a) DOMESTIC BUYING PREFERENCE.— by grants under this subchapter. ‘‘(3) SERVICE COMMENCEMENT.—A replacing ‘‘(1) REQUIREMENT.— ‘‘(d) REPLACEMENT OF EXISTING INTERCITY entity under this subsection shall commence ‘‘(A) IN GENERAL.—In carrying out a PASSENGER RAIL SERVICE.— service only after an agreement is entered project funded in whole or in part with a ‘‘(1) COLLECTIVE BARGAINING AGREEMENT into with respect to the matters set forth in grant under this title, the grant recipient FOR INTERCITY PASSENGER RAIL PROJECTS.— subparagraphs (A) through (D) of paragraph shall purchase only— Any entity providing intercity passenger (1) or the decision of the arbitrator has been ‘‘(i) unmanufactured articles, material, railroad transportation that begins oper- rendered. and supplies mined or produced in the United ations after the date of enactment of this ‘‘(4) SUBSEQUENT REPLACEMENT OF SERV- States; or Act on a project funded in whole or in part ICE.—If the replacement of existing rail pas- ‘‘(ii) manufactured articles, material, and senger service takes place within 3 years supplies manufactured in the United States by grants made under this title and replaces intercity rail passenger service that was pro- after the replacing entity commences inter- substantially from articles, material, and city passenger rail service, the replacing en- supplies mined, produced, or manufactured vided by Amtrak, unless such service was provided solely by Amtrak to another entity, tity and the collective bargaining agent or in the United States. agents for the adversely affected employees ‘‘(B) DE MINIMIS AMOUNT.—Subparagraph (1) as of such date shall enter into an agreement with the authorized bargaining agent or of the predecessor provider shall enter into applies only to a purchase in an total an agreement with respect to the matters set amount that is not less than $1,000,000. agents for adversely affected employees of the predecessor provider that— forth in subparagraphs (A) through (D) of ‘‘(2) EXEMPTIONS.—On application of a re- paragraph (1). If the parties have not entered cipient, the Secretary may exempt a recipi- ‘‘(A) gives each such qualified employee of the predecessor provider priority in hiring into an agreement with respect to all such ent from the requirements of this subsection matters within 60 days after the date on if the Secretary decides that, for particular according to the employee’s seniority on the predecessor provider for each position with which the replacing entity replaces the pred- articles, material, or supplies— ecessor provider, the parties shall select an ‘‘(A) such requirements are inconsistent the replacing entity that is in the employee’s craft or class and is available within 3 arbitrator using the procedures set forth in with the public interest; paragraph (2)(B), who shall, within 20 days ‘‘(B) the cost of imposing the requirements years after the termination of the service being replaced; after the commencement of the arbitration, is unreasonable; or conduct a hearing and decide all unresolved ‘‘(C) the articles, material, or supplies, or ‘‘(B) establishes a procedure for notifying such an employee of such positions; issues. This decision shall be final, binding, the articles, material, or supplies from and conclusive upon the parties. which they are manufactured, are not mined, ‘‘(C) establishes a procedure for such an ‘‘(e) INAPPLICABILITY TO CERTAIN RAIL OP- produced, or manufactured in the United employee to apply for such positions; and ERATIONS.— Nothing in this section applies States in sufficient and reasonably available ‘‘(D) establishes rates of pay, rules, and to— commercial quantities and are not of a satis- working conditions. ‘‘(1) commuter rail passenger transpor- factory quality. ‘‘(2) IMMEDIATE REPLACEMENT SERVICE.— tation (as defined in section 24102(4) of this ‘‘(3) UNITED STATES DEFINED.—In this sub- ‘‘(A) NEGOTIATIONS.—If the replacement of title) operations of a State or local govern- section, the term ‘the United States’ means preexisting intercity rail passenger service ment authority (as those terms are defined the States, territories, and possessions of the occurs concurrent with or within a reason- in section 5302(11) and (6), respectively, of United States and the District of Columbia. able time before the commencement of the this title) eligible to receive financial assist- ‘‘(b) OPERATORS DEEMED RAIL CARRIERS replacing entity’s rail passenger service, the AND EMPLOYERS FOR CERTAIN PURPOSES.—A replacing entity shall give written notice of ance under section 5307 of this title, or to its person that conducts rail operations over its plan to replace existing rail passenger contractor performing services in connection rail infrastructure constructed or improved service to the authorized collective bar- with commuter rail passenger operations (as with funding provided in whole or in part in gaining agent or agents for the potentially so defined); a grant made under this title shall be consid- adversely affected employees of the prede- ‘‘(2) the Alaska Railroad or its contractors; ered a rail carrier as defined in section cessor provider at least 90 days before the or 10102(5) of this title for purposes of this title date on which it plans to commence service. ‘‘(3) the National Railroad Passenger Cor- and any other statute that adopts the that Within 5 days after the date of receipt of poration’s access rights to railroad rights of definition or in which that definition ap- such written notice, negotiations between way and facilities under current law.’’. plies, including— the replacing entity and the collective bar- (b) CONFORMING AMENDMENTS.—

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.115 S02NOPT1 S12266 CONGRESSIONAL RECORD — SENATE November 2, 2005 (1) The table of chapters for the title is ‘‘(4) revise and resubmit a State-approved tation safety and security, including all amended by inserting the following after the plan no less frequently than once every 5 major projects funded under section 130 of item relating to chapter 243: years for reapproval by the Secretary. title 23. ‘‘244. Intercity passenger rail service ‘‘§ 22503. Purposes ‘‘(10) A performance evaluation of pas- capital assistance...... 24401’’. ‘‘(a) PURPOSES.—The purposes of a State senger rail services operating in the State, including possible improvements in those ‘‘(2) The chapter analysis for subtitle V is rail plan are as follows: services, and a description of strategies to amended by inserting the following after the ‘‘(1) To set forth State policy involving achieve those improvements. item relating to chapter 243: freight and passenger rail transportation, including commuter rail operations, in the ‘‘(11) A compilation of studies and reports ‘‘244. Intercity passenger rail service State. on high-speed rail corridor development capital assistance...... 24401’’. ‘‘(2) To establish the period covered by the within the State not included in a previous SEC. 302. STATE RAIL PLANS. State rail plan. plan under this subchapter, and a plan for (a) IN GENERAL.—Part B of subtitle V is ‘‘(3) To present priorities and strategies to funding any recommended development of amended by adding at the end the following: enhance rail service in the State that bene- such corridors in the State. ‘‘CHAPTER 225. STATE RAIL PLANS AND fits the public. ‘‘(12) A statement that the State is in com- HIGH PRIORITY PROJECTS ‘‘(4) To serve as the basis for Federal and pliance with the requirements of section ‘‘Sec. State rail investments within the State. 22102. ‘‘22501. Definitions ‘‘(b) COORDINATION.—A State rail plan shall ‘‘(b) LONG-RANGE SERVICE AND INVESTMENT ‘‘22502. Authority be coordinated with other State transpor- PROGRAM.— ‘‘22503. Purposes tation planning goals and programs and set ‘‘(1) PROGRAM CONTENT.—A long-range rail ‘‘22504. Transparency; coordination; forth rail transportation’s role within the investment program included in a State rail review State transportation system. plan under subsection (a)(5) shall include the ‘‘22505. Content ‘‘§ 22504. Transparency; coordination; review following matters: ‘‘22506. Review ‘‘(a) PREPARATION.—A State shall provide ‘‘(A) A list of any rail capital projects ex- ‘‘§ 22501. Definitions adequate and reasonable notice and oppor- pected to be undertaken or supported in ‘‘In this subchapter: tunity for comment and other input to the whole or in part by the State. ‘‘(1) PRIVATE BENEFIT.— public, rail carriers, commuter and transit ‘‘(B) A detailed funding plan for those ‘‘(A) IN GENERAL.—The term ‘private ben- authorities operating in, or affected by rail projects. efit’— operations within the State, units of local ‘‘(2) PROJECT LIST CONTENT.—The list of ‘‘(i) means a benefit accrued to a person or government, and other interested parties in rail capital projects shall contain— private entity, other than the National Rail- the preparation and review of its State rail ‘‘(A) a description of the anticipated public road Passenger Corporation, that directly plan. and private benefits of each such project; and improves the economic and competitive con- ‘‘(b) INTERGOVERNMENTAL COORDINATION.— ‘‘(B) a statement of the correlation be- dition of that person or entity through im- A State shall review the freight and pas- tween— proved assets, cost reductions, service im- senger rail service activities and initiatives ‘‘(i) public funding contributions for the provements, or any other means as defined by regional planning agencies, regional projects; and by the Secretary; and transportation authorities, and municipali- ‘‘(ii) the public benefits. ‘‘(ii) shall be determined on a project-by- ties within the State, or in the region in ‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In project basis, based upon an agreement be- which the State is located, while preparing preparing the list of freight and intercity tween the parties. the plan, and shall include any recommenda- passenger rail capital projects, a State rail ‘‘(B) CONSULTATION.—The Secretary may tions made by such agencies, authorities, transportation authority should take into seek the advice of the States and rail car- and municipalities as deemed appropriate by consideration the following matters: riers in further defining this term. the State. ‘‘(A) Contributions made by non-Federal ‘‘(2) PUBLIC BENEFIT.— ‘‘§ 22505. Content and non-State sources through user fees, ‘‘(A) IN GENERAL.—The term ‘public ben- ‘‘(a) IN GENERAL.—Each State rail plan matching funds, or other private capital in- efit’— shall contain the following: volvement. ‘‘(i) means a benefit accrued to the public ‘‘(1) An inventory of the existing overall ‘‘(B) Rail capacity and congestion effects. in the form of enhanced mobility of people or rail transportation system and rail services ‘‘(C) Effects on highway, aviation, and goods, environmental protection or enhance- and facilities within the State and an anal- maritime capacity, congestion, or safety. ment, congestion mitigation, enhanced trade ysis of the role of rail transportation within ‘‘(D) Regional balance. and economic development, improved air the State’s surface transportation system. ‘‘(E) Environmental impact. quality or land use, more efficient energy ‘‘(2) A review of all rail lines within the ‘‘(F) Economic and employment impacts. use, enhanced public safety or security, re- State, including proposed high speed rail ‘‘(G) Projected ridership and other service duction of public expenditures due to im- corridors and significant rail line segments measures for passenger rail projects. proved transportation efficiency or infra- not currently in service. structure preservation, and any other posi- ‘‘(3) A statement of the State’s passenger ‘‘§ 22506. Review tive community effects as defined by the rail service objectives, including minimum ‘‘The Secretary shall prescribe procedures Secretary; and service levels, for rail transportation routes for States to submit State rail plans for re- ‘‘(ii) shall be determined on a project-by- in the State. view under this title, including standardized project basis, based upon an agreement be- ‘‘(4) A general analysis of rail’s transpor- format and data requirements. State rail tween the parties. tation, economic, and environmental im- plans completed before the date of enact- ‘‘(B) CONSULTATION.—The Secretary may pacts in the State, including congestion ment of the Passenger Rail Investment and seek the advice of the States and rail car- mitigation, trade and economic develop- Improvement Act of 2005 that substantially riers in further defining this term. ment, air quality, land-use, energy-use, and ‘‘(3) STATE.—The term ‘State’ means any of community impacts. meet the requirements of this chapter, as de- the 50 States and the District of Columbia. ‘‘(5) A long-range rail investment program termined by the Secretary, shall be deemed ‘‘(4) STATE RAIL TRANSPORTATION AUTHOR- for current and future freight and passenger by the Secretary to have met the require- ITY.—The term ‘State rail transportation au- infrastructure in the State that meets the ments of this chapter’’. thority’ means the State agency or official requirements of subsection (b). (b) CONFORMING AMENDMENTS.— responsible under the direction of the Gov- ‘‘(6) A statement of public financing issues (1) The table of chapters for the title is ernor of the State or a State law for prepara- for rail projects and service in the State, in- amended by inserting the following after the tion, maintenance, coordination, and admin- cluding a list of current and prospective pub- item relating to chapter 223: istration of the State rail plan.’’. lic capital and operating funding resources, ‘‘225. State rail plans ...... 22501’’. ‘‘§ 22502. Authority public subsidies, State taxation, and other fi- ‘‘(2) The chapter analysis for subtitle V is ‘‘(a) IN GENERAL.—Each State may prepare nancial policies relating to rail infrastruc- amended by inserting the following after the and maintain a State rail plan in accordance ture development. item relating to chapter 223: with the provisions of this subchapter. ‘‘(7) An identification of rail infrastructure ‘‘(b) REQUIREMENTS.—For the preparation issues within the State that reflects con- ‘‘225. State rail plans ...... 24401’’. and periodic revision of a State rail plan, a sultation with all relevant stake holders. SEC. 303. NEXT GENERATION CORRIDOR TRAIN State shall— ‘‘(8) A review of major passenger and EQUIPMENT POOL. ‘‘(1) establish or designate a State rail freight intermodal rail connections and fa- transportation authority to prepare, main- cilities within the State, including seaports, (a) IN GENERAL.—Within 180 days after the tain, coordinate, and administer the plan; and prioritized options to maximize service date of enactment of this Act, Amtrak shall ‘‘(2) establish or designate a State rail plan integration and efficiency between rail and establish a Next Generation Corridor Equip- approval authority to approve the plan; other modes of transportation within the ment Pool Committee, comprised of rep- ‘‘(3) submit the State’s approved plan to State. resentatives of Amtrak, the Federal Railroad the Secretary of Transportation for review; ‘‘(9) A review of publicly funded projects Administration, and interested States. The and within the State to improve rail transpor- purpose of the Committee shall be to design,

VerDate Aug 31 2005 07:02 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.115 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12267 develop specifications for, and procure stand- ‘‘(3) develop a preliminary national rail ‘‘(2) to develop more accurate models for ardized next-generation corridor equipment. plan within a year after the date of enact- evaluating the impact of rail passenger and (b) FUNCTIONS.—The Committee may— ment of the Passenger Rail Investment and freight service, including the effects on high- (1) determine the number of different types Improvement Act of 2005; way and airport and airway congestion, envi- of equipment required, taking into account ‘‘(4) develop and enhance partnerships with ronmental quality, and energy consumption; variations in operational needs and corridor the freight and passenger railroad industry, ‘‘(3) to develop a better understanding of infrastructure; States, and the public concerning rail devel- modal choice as it affects rail passenger and (2) establish a pool of equipment to be used opment; freight transportation, including develop- on corridor routes funded by participating ‘‘(5) support rail intermodal development ment of better models to predict utilization; States; and and high-speed rail development, including ‘‘(4) to recommend priorities for tech- (3) subject to agreements between Amtrak high speed rail planning; nology demonstration and development; and States, utilize services provided by Am- ‘‘(6) ensure that programs and initiatives ‘‘(5) to meet additional priorities as deter- trak to design, maintain and remanufacture developed under this section benefit the pub- mined by the advisory board established equipment. lic and work toward achieving regional and under subsection (c), including any rec- (c) COOPERATIVE AGREEMENTS.—Amtrak national transportation goals; and ommendations made by the National Re- and States participating in the Committee ‘‘(7) facilitate and coordinate efforts to as- search Council; may enter into agreements for the funding, sist freight and passenger rail carriers, tran- ‘‘(6) to explore improvements in manage- procurement, remanufacture, ownership and sit agencies and authorities, municipalities, ment, financing, and institutional struc- management of corridor equipment, includ- and States in passenger-freight service inte- tures; ing equipment currently owned or leased by gration on shared rights of way by providing ‘‘(7) to address rail capacity constraints Amtrak and next-generation corridor equip- neutral assistance at the joint request of af- that affect passenger and freight rail service ment acquired as a result of the Committee’s fected rail service providers and infrastruc- through a wide variety of options, ranging actions, and may establish a corporation, ture owners relating to operations and ca- from operating improvements to dedicated which may be owned or jointly-owned by pacity analysis, capital requirements, oper- new infrastructure, taking into account the Amtrak, participating States or other enti- ating costs, and other research and planning impact of such options on operations; ties, to perform these functions. related to corridors shared by passenger or ‘‘(8) to improve maintenance, operations, (d) FUNDING.—In addition to the authoriza- commuter rail service and freight rail oper- customer service, or other aspects of inter- tion provided in section 105 of this division, ations. city rail passenger and freight service; capital projects to carry out the purposes of ‘‘(h) PERFORMANCE GOALS AND REPORTS.— ‘‘(9) to recommend objective methodologies this section shall be eligible for grants made ‘‘(1) PERFORMANCE GOALS.—In conjunction for determining intercity passenger rail pursuant to chapter 244 of title 49, United with the objectives established and activities routes and services, including the establish- States Code. undertaken under section 103(e) of this title, ment of new routes, the elimination of exist- SEC. 304. FEDERAL RAIL POLICY. the Administrator shall develop a schedule ing routes, and the contraction or expansion Section 103 is amended— for achieving specific, measurable perform- of services or frequencies over such routes; (1) by inserting ‘‘IN GENERAL.—’’ before ance goals. ‘‘(10) to review the impact of equipment ‘‘The Federal’’ in subsection (a); ‘‘(2) RESOURCE NEEDS.—The strategy and and operational safety standards on the fur- (2) by striking the second and third sen- annual plans shall include estimates of the ther development of high speed passenger tences of subsection (a); funds and staff resources needed to accom- rail operations connected to or integrated (3) by inserting ‘‘ADMINISTRATOR.—’’ before plish each goal and the additional duties re- with non-high speed freight or passenger rail ‘‘The head’’ in subsection (b); quired under section 103(e). operations; and (4) by redesignating subsections (c), (d), ‘‘(3) SUBMISSION WITH PRESIDENT’S BUDG- ‘‘(11) to recommend any legislative or reg- and (e) as subsections (d), (e), and (f), respec- ET.—Beginning with fiscal year 2007 and each ulatory changes necessary to foster further tively and by inserting after subsection (b) fiscal year thereafter, the Secretary shall development and implementation of high the following: submit to Congress, at the same time as the speed passenger rail operations while ensur- ‘‘(c) SAFETY.—To carry out all railroad President’s budget submission, the Adminis- safety laws of the United States, the Admin- ing the safety of such operations that are tration’s performance goals and schedule de- istration is divided on a geographical basis connected to or integrated with non-high veloped under paragraph (1), including an as- into at least 8 safety offices. The Secretary speed freight or passenger rail operations. sessment of the progress of the Administra- ‘‘(c) ADVISORY BOARD.— of Transportation is responsible for all acts ‘‘(1) ESTABLISHMENT.—In consultation with taken under those laws and for ensuring that tion toward achieving its performance the heads of appropriate Federal depart- the laws are uniformly administered and en- goals.’’. forced among the safety offices.’’; SEC. 305. RAIL COOPERATIVE RESEARCH PRO- ments and agencies, the Secretary shall es- GRAM. tablish an advisory board to recommend re- (5) by inserting ‘‘POWERS AND DUTIES.—’’ before ‘‘The’’ in subsection (d), as redesig- (a) ESTABLISHMENT AND CONTENT.—Chapter search, technology, and technology transfer nated; 249 is amended by adding at the end the fol- activities related to rail passenger and (6) by striking ‘‘and’’ after the semicolon lowing: freight transportation. in paragraph (1) of subsection (d), as redesig- ‘‘§ 24910. Rail cooperative research program ‘‘(2) MEMBERSHIP.—The advisory board shall include— nated; ‘‘(a) IN GENERAL.—The Secretary shall es- (7) by redesignating paragraph (2) of sub- tablish and carry out a rail cooperative re- ‘‘(A) representatives of State transpor- section (d), as redesignated, as paragraph (3) search program. The program shall— tation agencies; and inserting after paragraph (1) the fol- ‘‘(1) address, among other matters, inter- ‘‘(B) transportation and environmental lowing: city rail passenger and freight rail services, economists, scientists, and engineers; and ‘‘(2) the duties and powers related to rail- including existing rail passenger and freight ‘‘(C) representatives of Amtrak, the Alaska road policy and development under sub- technologies and speeds, incrementally en- Railroad, freight railroads, transit operating section (e); and’’; hanced rail systems and infrastructure, and agencies, intercity rail passenger agencies, railway labor organizations, and environ- (8) by inserting ‘‘TRANSFERS OF DUTY.—’’ new high-speed wheel-on-rail systems and before ‘‘A duty’’ in subsection (e), as redesig- rail security; mental organizations. ‘‘(d) NATIONAL ACADEMY OF SCIENCES.— The nated; ‘‘(2) address ways to expand the transpor- Secretary may make grants to, and enter (9) by inserting ‘‘CONTRACTS, GRANTS, tation of international trade traffic by rail, into cooperative agreements with, the Na- LEASES, COOPERATIVE AGREEMENTS, AND SIMI- enhance the efficiency of intermodal inter- tional Academy of Sciences to carry out LAR TRANSACTIONS.—’’ before ‘‘Subject’’ in change at ports and other intermodal termi- such activities relating to the research, tech- subsection (f), as redesignated; nals, and increase capacity and availability nology, and technology transfer activities (10) by striking the last sentence in sub- of rail service for seasonal freight needs; described in subsection (b) as the Secretary section (f), as redesignated; and ‘‘(3) consider research on the interconnect- deems appropriate.’’. (11) by adding at the end the following: edness of commuter rail, passenger rail, (b) CLERICAL AMENDMENT.—The chapter ‘‘(g) ADDITIONAL DUTIES OF THE ADMINIS- freight rail, and other rail networks; and analysis for chapter 249 is amended by add- TRATOR.—The Administrator shall— ‘‘(4) give consideration to regional con- ing at the end the following: ‘‘(1) provide assistance to States in devel- cerns regarding rail passenger and freight oping State rail plans prepared under chap- transportation, including meeting research ‘‘24910. Rail cooperative research program’’. ter 225 and review all State rail plans sub- needs common to designated high-speed cor- TITLE IV—PASSENGER RAIL SECURITY mitted under that section; ridors, long-distance rail services, and re- AND SAFETY ‘‘(2) develop a long range national rail plan gional intercity rail corridors, projects, and SEC. 401. SYSTEMWIDE AMTRAK SECURITY UP- that is consistent with approved State rail entities. GRADES. plans and the rail needs of the Nation, as de- ‘‘(b) CONTENT.—The program to be carried (a) IN GENERAL—Subject to subsection (c) termined by the Secretary in order to pro- out under this section shall include research the Secretary of Homeland Security, in con- mote an integrated, cohesive, efficient, and designed— sultation with the Secretary of Transpor- optimized national rail system for the move- ‘‘(1) to identify the unique aspects and at- tation, is authorized to make grants to Am- ment of goods and people; tributes of rail passenger and freight service; trak—

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.115 S02NOPT1 S12268 CONGRESSIONAL RECORD — SENATE November 2, 2005

(1) to secure major tunnel access points (e) PLANS REQUIRED.—The Secretary may tation Safety Board and the Secretary of and ensure tunnel integrity in New York, not make amounts available to Amtrak for Transportation, immediately upon request, a Baltimore, and Washington, DC; obligation or expenditure under subsection list (which is based on the best available in- (2) to secure Amtrak trains; (a)— formation at the time of the request) of the (3) to secure Amtrak stations; (1) until Amtrak has submitted to the Sec- names of the passengers aboard the train (4) to obtain a watch list identification retary, and the Secretary has approved, an (whether or not such names have been system approved by the Secretary; engineering and financial plan for such verified), and will periodically update the (5) to obtain train tracking and interoper- projects; and list. The plan shall include a procedure, with able communications systems that are co- (2) unless, for each project funded pursuant respect to unreserved trains and passengers ordinated to the maximum extent possible; to this section, the Secretary has approved a not holding reservations on other trains, for (6) to hire additional police and security project management plan prepared by Am- Amtrak to use reasonable efforts to ascer- officers, including canine units; trak addressing appropriate project budget, tain the number and names of passengers (7) to expand emergency preparedness ef- construction schedule, recipient staff organi- aboard a train involved in an accident. forts; and zation, document control and record keep- ‘‘(2) A plan for creating and publicizing a (8) for employee security training. ing, change order procedure, quality control reliable, toll-free telephone number within 4 (b) CONDITIONS.—The Secretary of Trans- and assurance, periodic plan updates, and hours after such an accident occurs, and for portation shall disburse funds to Amtrak periodic status reports. providing staff, to handle calls from the fam- provided under subsection (a) for projects (f) REVIEW OF PLANS.—The Secretary of ilies of the passengers. contained in a systemwide security plan ap- Transportation shall complete the review of ‘‘(3) A process for notifying the families of proved by the Secretary of Homeland Secu- the plans required by paragraphs (1) and (2) the passengers, before providing any public rity. The plan shall include appropriate of subsection (e) and approve or disapprove notice of the names of the passengers, by measures to address security awareness, the plans within 45 days after the date on suitably trained individuals. emergency response, and passenger evacu- which each such plan is submitted by Am- ‘‘(4) A process for providing the notice de- ation training. trak. If the Secretary determines that a plan scribed in paragraph (2) to the family of a (c) EQUITABLE GEOGRAPHIC ALLOCATION.— is incomplete or deficient, the Secretary passenger as soon as Amtrak has verified The Secretary shall ensure that, subject to shall notify Amtrak of the incomplete items that the passenger was aboard the train meeting the highest security needs on Am- or deficiencies and Amtrak shall, within 30 (whether or not the names of all of the pas- trak’s entire system, stations and facilities days after receiving the Secretary’s notifica- sengers have been verified). located outside of the Northeast Corridor re- tion, submit a modified plan for the Sec- ‘‘(5) A process by which the family of each ceive an equitable share of the security funds retary’s review. Within 15 days after receiv- authorized by this section. passenger will be consulted about the dis- (d) AUTHORIZATION OF APPROPRIATIONS.— ing additional information on items pre- position of all remains and personal effects There are authorized to be appropriated to viously included in the plan, and within 45 of the passenger within Amtrak’s control; the Secretary of Homeland Security to carry days after receiving items newly included in that any possession of the passenger within out this section— a modified plan, the Secretary shall either Amtrak’s control will be returned to the (1) $63,500,000 for fiscal year 2006; approve the modified plan, or, if the Sec- family unless the possession is needed for the (2) $30,000,000 for fiscal year 2007; and retary finds the plan is still incomplete or accident investigation or any criminal inves- (3) $30,000,000 for fiscal year 2008. deficient, the Secretary shall identify in tigation; and that any unclaimed possession Amounts appropriated pursuant to this sub- writing to the Senate Committee on Com- of a passenger within Amtrak’s control will section shall remain available until ex- merce, Science, and Transportation and the be retained by the rail passenger carrier for pended. House of Representatives Committee on at least 18 months. SEC. 402. FIRE AND LIFE-SAFETY IMPROVE- Transportation and Infrastructure the por- ‘‘(6) A process by which the treatment of MENTS. tions of the plan the Secretary finds incom- the families of nonrevenue passengers will be (a) LIFE-SAFETY NEEDS.—The Secretary of plete or deficient, approve all other portions the same as the treatment of the families of Transportation is authorized to make grants of the plan, obligate the funds associated revenue passengers. to Amtrak for the purpose of making fire with those other portions, and execute an ‘‘(7) An assurance that Amtrak will pro- and life-safety improvements to Amtrak agreement with Amtrak within 15 days vide adequate training to its employees and tunnels on the Northeast Corridor in New thereafter on a process for resolving the re- agents to meet the needs of survivors and York, NY, Baltimore, MD, and Washington, maining portions of the plan. family members following an accident. DC. (g) FINANCIAL CONTRIBUTION FROM OTHER ‘‘(c) USE OF INFORMATION.—The National (b) AUTHORIZATION OF APPROPRIATIONS.— TUNNEL USERS.—The Secretary shall, taking Transportation Safety Board, the Secretary There are authorized to be appropriated to into account the need for the timely comple- of Transportation, and Amtrak may not re- the Secretary of Transportation for the pur- tion of all portions of the tunnel projects de- lease to any person information on a list ob- poses of carrying out subsection (a) the fol- scribed in subsection (a)— tained under subsection (b)(1) but may pro- lowing amounts: (1) consider the extent to which rail car- vide information on the list about a pas- (1) For the 6 New York tunnels to provide riers other than Amtrak use or plan to use senger to the family of the passenger to the ventilation, electrical, and fire safety tech- the tunnels; extent that the Board or Amtrak considers nology upgrades, emergency communication (2) consider the feasibility of seeking a fi- appropriate. and lighting systems, and emergency access nancial contribution from those other rail ‘‘(d) LIMITATION ON LIABILITY.—Amtrak and egress for passengers— carriers toward the costs of the projects; and shall not be liable for damages in any action (A) $190,000,000 for fiscal year 2006; (3) obtain financial contributions or com- brought in a Federal or State court arising (B) $190,000,000 for fiscal year 2007; mitments from such other rail carriers at out of the performance of Amtrak in pre- (C) $190,000,000 for fiscal year 2008; levels reflecting the extent of their use or paring or providing a passenger list, or in (2) For the Baltimore & Potomac tunnel planned use of the tunnels, if feasible. providing information concerning a train and the Union tunnel, together, to provide SEC. 403. AMTRAK PLAN TO ASSIST FAMILIES OF reservation, pursuant to a plan submitted by adequate drainage, ventilation, communica- PASSENGERS INVOLVED IN RAIL Amtrak under subsection (b), unless such li- tion, lighting, and passenger egress up- PASSENGER ACCIDENTS. ability was caused by Amtrak’s conduct. grades— (a) IN GENERAL.—Chapter 243 of title 49, ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- (A) $19,000,000 for fiscal year 2006; United States Code, is amended by adding at TION.—Nothing in this section may be con- (B) $19,000,000 for fiscal year 2007; the end the following: strued as limiting the actions that Amtrak (C) $19,000,000 for fiscal year 2008; ‘‘§ 24316. Plans to address needs of families of may take, or the obligations that Amtrak (3) For the Washington, DC, Union Station passengers involved in rail passenger acci- may have, in providing assistance to the tunnels to improve ventilation, communica- dents families of passengers involved in a rail pas- tion, lighting, and passenger egress up- ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 senger accident. grades— ‘‘(f) FUNDING.—There are authorized to be (A) $13,333,000 for fiscal year 2006; months after the date of the enactment of the Passenger Rail Investment and Improve- appropriated to the Secretary of Transpor- (B) $13,333,000 for fiscal year 2007; tation for the use of Amtrak $500,000 for fis- (C) $13,333,000 for fiscal year 2008; ment Act of 2005, Amtrak shall submit to the Chairman of the National Transportation cal year 2006 to carry out this section. (c) INFRASTRUCTURE UPGRADES.—There are Amounts made available pursuant to this authorized to be appropriated to the Sec- Safety Board and the Secretary of Transpor- subsection shall remain available until ex- retary of Transportation for fiscal year 2006 tation a plan for addressing the needs of the pended.’’. $3,000,000 for the preliminary design of op- families of passengers involved in any rail (b) CONFORMING AMENDMENT.—The chapter tions for a new tunnel on a different align- passenger accident involving an Amtrak analysis for chapter 243 of title 49, United ment to augment the capacity of the exist- intercity train and resulting in a loss of life. ing Baltimore tunnels. ‘‘(b) CONTENTS OF PLANS.—The plan to be States Code, is amended by adding at the end (d) AVAILABILITY OF APPROPRIATED submitted by Amtrak under subsection (a) the following: FUNDS.—Amounts made available pursuant shall include, at a minimum, the following: ‘‘24316. Plan to assist families of passengers to this section shall remain available until ‘‘(1) A process by which Amtrak will main- involved in rail passenger acci- expended. tain and provide to the National Transpor- dents.’’.

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.115 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12269 SEC. 404. NORTHERN BORDER RAIL PASSENGER $1,000,000 for fiscal year 2006 to carry out this port payments. Public investment in the REPORT. section. child support program provides more than a Within 180 days after the date of enact- four-fold return, collecting $4.38 in child sup- ment of this Act, the Secretary of Transpor- SA 2361. Mr. TALENT submitted an port for every Federal and State dollar that tation, in consultation with the Secretary of amendment intended to be proposed by the program spends. Homeland Security, the Assistant Secretary him to the bill S. 1932, to provide for (6) In 2004, 17,300,000 children, or 60 percent of Homeland Security (Transportation Secu- reconciliation pursuant to section of all children living apart from a parent, re- rity Administration), heads of other appro- 202(a) of the concurrent resolution on ceived child support services through the priate Federal departments, and agencies program. The percentage is higher for poor and the National Railroad Passenger Cor- the budget for fiscal year 2006 (H. Con. children—84 percent of poor children living poration, shall transmit a report to the Sen- Res. 95); which was ordered to lie on apart from their parent receive child support ate Committee on Commerce, Science, and the table; as follows: services through the program. Families as- Transportation and the House of Representa- On page 102, between lines 8 and 9, insert sisted by the child support program gen- tives Committee on Transportation and In- the following: erally have low or moderate incomes. frastructure that contains— (g) PROHIBITION ON EXPORTS.—An oil or gas (7) Children who receive child support from (1) a description of the current system for lease issued under this title shall prohibit their parents do better in school than those screening passengers and baggage on pas- the exportation of oil or gas produced under that do not receive support payments. Older senger rail service between the United States the lease. children with child support payments are and Canada; more likely to finish high school and attend (2) an assessment of the current program SA 2362. Mr. WYDEN (for himself, college. to provide preclearance of airline passengers Mr. TALENT, Mr. DORGAN, Mrs. FEIN- (8) The child support program directly de- between the United States and Canada as creases the costs of other public assistance STEIN, Mr. DAYTON, Mr. KOHL, and Mr. outlined in ‘‘The Agreement on Air Trans- programs by increasing family self-suffi- port Preclearance between the Government FEINGOLD) proposed an amendment to ciency. The more effective the child support of Canada and the Government of the United the bill S. 1932, to provide for reconcili- program in a State, the higher the savings in States of America’’, dated January 18, 2001; ation pursuant to section 202(a) of the public assistance costs. (3) an assessment of the current program concurrent resolution on the budget for (9) Child support helps lift more than to provide preclearance of freight railroad fiscal year 2006 (H. Con. Res. 95); fol- 1,000,000 Americans out of poverty each year. traffic between the United States and Can- lows: (10) Families that are former recipients of ada as outlined in the ‘‘Declaration of Prin- At the end of section 401, add the fol- assistance under the temporary assistance ciple for the Improved Security of Rail Ship- lowing: for needy families program (TANF) have ments by Canadian National Railway and (h) PROHIBITION ON EXPORTS.—An oil or gas seen the greatest increase in child support Canadian Pacific Railway from Canada to lease issued under this title shall prohibit payments. Collections for these families in- the United States’’, dated April 2, 2003; the exportation of oil or gas produced under creased 94 percent between 1999 and 2004, (4) information on progress by the Depart- the lease. even though the number of former TANF ment of Homeland Security and other Fed- families did not increase during this period. eral agencies towards finalizing a bilateral Mr. HARKIN (for himself, (11) Families that receive child support are protocol with Canada that would provide for SA 2363. more likely to find and hold jobs, and less preclearance of passengers on trains oper- Mr. KOHL, Mr. OBAMA, Mr. BAYH, Mr. likely to be poor than comparable families ating between the United States and Canada; KERRY, Mr. JEFFORDS, Mr. KENNEDY, without child support. (5) a description of legislative, regulatory, Mr. DURBIN, Mr. BINGAMAN, and Mr. (12) The child support program saved costs budgetary, or policy barriers within the SALAZAR) submitted an amendment in- in the TANF, Medicaid, Food Stamps, Sup- United States Government to providing pre- tended to be proposed by him to the plemental Security Income, and subsidized screened passenger lists for rail passengers bill S. 1932, to provide for reconcili- housing programs. traveling between the United States and ation pursuant to section 202(a) of the (13) The Congressional Budget Office esti- Canada to the Department of Homeland Se- concurrent resolution on the budget for mates that the funding cuts proposed by the curity; Committee on Ways and Means of the House (6) a description of the position of the Gov- fiscal year 2006 (H. Con. Res. 95); which of Representatives would reduce child sup- ernment of Canada and relevant Canadian was ordered to lie on the table; as fol- port collections by nearly $7,900,000,000 in the agencies with respect to preclearance of such lows: next 5 years and $24,100,000,000 in the next 10 passengers; At the appropriate place, insert the fol- years. (7) a draft of any changes in existing Fed- lowing: (14) That National Governor’s Association eral law necessary to provide for pre-screen- SEC. ll. SENSE OF THE SENATE. has stated that such cuts are unduly burden- ing of such passengers and providing pre- (a) FINDINGS.—The Senate makes the fol- some and will force States to reevaluate sev- screened passenger lists to the Department lowing findings: eral services that make the child support of Homeland Security; and (1) On October 26, 2005, the Committee on program so effective. (8) an analysis of the feasibility of rein- Ways and Means of the United States House (15) The Federal Government has a moral stating United States Customs and Border of Representatives approved a budget rec- responsibility to ensure that parents who do Patrol rolling inspections onboard inter- onciliation package that would significantly not live with their children meet their finan- national Amtrak trains. reduce the Federal Government’s funding cial support obligations for those children. SEC. 405. PASSENGER, BAGGAGE, AND CARGO used to pay for the child support program es- (b) SENSE OF THE SENATE.—It is the sense SCREENING. tablished under part D of title IV of the So- of the Senate that the Senate will not accept (a) REQUIREMENT FOR STUDY AND REPORT.— cial Security Act (42 U.S.C. 651 et seq.) and any reduction in funding for the child sup- The Secretary of Homeland Security, in co- would restrict the ability of States to use port program established under part D of operation with the Secretary of Transpor- Federal child support incentive payments for title IV of the Social Security Act (42 U.S.C. tation through the Assistant Secretary of child support program expenditures that are 651 et seq.), or any restrictions on the ability Homeland Security (Transportation Security eligible for Federal matching payments. of States to use Federal child support incen- Administration) and other appropriate agen- (2) The child support program enforces the tive payments for child support program ex- cies, shall— responsibility of non-custodial parents to penditures that are eligible for Federal (1) study the cost and feasibility of requir- support their children. The program is joint- matching payments, during this Congress. ing security screening for passengers, bag- ly funded by Federal, State and local govern- gage, and cargo on passenger trains includ- ments. SA 2364. Mr. BINGAMAN submitted ing an analysis of any passenger train (3) The Office of Management and Budget an amendment intended to be proposed screening pilot programs undertaken by the gave the child support program a 90 percent by him to the bill S. 1932, to provide for Department of Homeland Security; and rating under the Program Assessment Rat- reconciliation pursuant to section (2) report the results of the study, together ing Tool (PART), making it the highest per- 202(a) of the concurrent resolution on with any recommendations that the Sec- forming social services program. the budget for fiscal year 2006 (H. Con. retary of Homeland Security may have for (4) The President’s 2006 budget cites the implementing a rail security screening pro- child support program as ‘‘one of the highest Res. 95); which was ordered to lie on gram to the Senate Committee on Com- rated block/formula grants of all reviewed the table; as follows: merce, Science, and Transportation and the programs government-wide. This high rating Strike section 7201 and insert the fol- House of Representatives Committee on is due to its strong mission, effective man- lowing: Transportation and Infrastructure within 1 agement, and demonstration of measurable SEC. 7201. INCREASES IN PBGC PREMIUMS. year after the date of enactment of this Act. progress toward meeting annual and long Section 4006(a)(3)(A)(i) of the Employee Re- (b) AUTHORIZATION OF APPROPRIATIONS.— term performance measures.’’ tirement Income Security Act of 1974 (29 There are authorized to be appropriated to (5) In 2004, the child support program spent U.S.C. 1306(a)(3)(A)(i)) is amended to read as the Secretary of Homeland Security $5,300,000,000 to collect $21,900,000,000 in sup- follows:

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.115 S02NOPT1 S12270 CONGRESSIONAL RECORD — SENATE November 2, 2005 ‘‘(i) in the case of a single-employer plan, the date of enactment of this Act and apply specifically appropriated by an Act of Con- an amount equal to— to rebate agreements entered into or re- gress. ‘‘(I) for plan years beginning after Decem- newed under section 1927 of the Social Secu- ber 31, 1990, and before January 1, 2006, $19, or rity Act (42 U.S.C. 1396r–8) on or after such SA 2368. Mr. ENSIGN (for himself, ‘‘(II) for plan years beginning after Decem- date. Mr. DEMINT, Mr. SMITH, Mr. SUNUNU, ber 31, 2005, $30, and Mr. MCCAIN) submitted an amend- plus the additional premium (if any) deter- SA 2366. Ms. LANDRIEU submitted ment intended to be proposed by him mined under subparagraph (E) for each indian amendment intended to be proposed to the bill S. 1932, to provide for rec- vidual who is a participant in such plan dur- by her to the bill S. 1932, to provide for ing the plan year;’’. onciliation pursuant to section 202(a) reconciliation pursuant to section of the concurrent resolution on the 202(a) of the concurrent resolution on Mr. BINGAMAN (for him- budget for fiscal year 2006 (H. Con. Res. SA 2365. the budget for fiscal year 2006 (H. Con. self, Mr. ROCKEFELLER, Mrs. LINCOLN, 95); as follows: Res. 95); as follows: Mr. PRYOR, and Mr. LEAHY) proposed On page 94, line 7, strike ‘‘$3,000,000,000’’ an amendment to the bill S. 1932, to On page 95, line 21, before the period at the and insert ‘‘$1,000,000,000’’. end insert the following: ‘‘, of which provide for reconciliation pursuant to $1,000,000,000 shall be transferred to the Sec- SA 2369. Mr. AKAKA submitted an section 202(a) of the concurrent resolu- retary of the Interior to make payments to amendment intended to be proposed by tion on the budget for fiscal year 2006 producing States and coastal political sub- him to the bill S. 1932, to provide for (H. Con. Res. 95); as follows: divisions under section 31(b) of the Outer reconciliation pursuant to section On page 188, after line 24, add the fol- Continental Shelf Lands Act (43 U.S.C. 202(a) of the concurrent resolution on 1356a(b))’’. lowing: the budget for fiscal year 2006 (H. Con. SEC. 6037. LIMITATION ON SEVERE REDUCTION IN THE MEDICAID FMAP FOR FISCAL SA 2367. Mr. BYRD proposed an Res. 95); which was ordered to lie on YEAR 2006. amendment to the bill S. 1932, to pro- the table; as follows: (a) LIMITATION ON REDUCTION.—In no case vide for reconciliation pursuant to sec- After section 6036, insert the following: shall the FMAP for a State for fiscal year tion 202(a) of the concurrent resolution SEC. 6037. TREATMENT OF HAWAII AS A LOW-DSH 2006 be less than the greater of the following: on the budget for fiscal year 2006 (H. STATE. (1) 2005 FMAP DECREASED BY THE APPLICABLE Section 1923(f) (42 U.S.C. 1396r–4(f)) is PERCENTAGE POINTS.—The FMAP determined Con. Res. 95); as follows: amended— for the State for fiscal year 2005, decreased On page 810, strike line 17 and all that fol- (1) by redesignating paragraph (7) as para- by— lows through page 816, lines 21, and insert graph (8); and (A) 0.1 percentage points in the case of the following: (2) by inserting after paragraph (6), the fol- Delaware and Michigan; TITLE VIII—COMMITTEE ON THE lowing: (B) 0.3 percentage points in the case of JUDICIARY ‘‘(7) TREATMENT OF HAWAII AS A LOW-DSH Kentucky; and SEC. 8001. FEES WITH RESPECT TO IMMIGRATION STATE.—The Secretary shall compute a DSH (C) 0.5 percentage points in the case of any SERVICES FOR INTRACOMPANY allotment of $10,000,000 for the State of Ha- other State. TRANSFEREES. waii for fiscal year 2006. For purposes of fis- (2) COMPUTATION WITHOUT RETROACTIVE AP- (a) IN GENERAL.—Section 214(c) of the Im- cal year 2007 and each fiscal year thereafter, PLICATION OF REBENCHMARKED PER CAPITA IN- migration and Nationality Act (8 U.S.C. such allotment shall be increased in the COME.—The FMAP that would have been de- 1184(c)) is amended by adding at the end the same manner as allotments for low DSH termined for the State for fiscal year 2006 if following: States are increased under clauses (ii) and the per capita incomes for 2001 and 2002 that ‘‘(15)(A) The Secretary of State shall im- (iii) of paragraph (5)(B).’’. was used to determine the FMAP for the pose a fee on an employer when an alien files State for fiscal year 2005 were used. an application abroad for a visa authorizing SA 2370. Mr. MCCAIN (for himself, (b) SCOPE OF APPLICATION.—The FMAP ap- initial admission to the United States as a Mr. SUNUNU, and Mr. ROCKEFELLER) plicable to a State for fiscal year 2006 after nonimmigrant described in section proposed an amendment to the bill S. the application of subsection (a) shall apply 101(a)(15)(L) in order to be employed by the 1932, to provide for reconciliation pur- only for purposes of titles XIX and XXI of employer, if the alien is covered under a the Social Security Act (including for pursuant to section 202(a) of the concur- blanket petition described in paragraph rent resolution on the budget for fiscal poses of making disproportionate share hos- (2)(A). pital payments described in section 1923 of ‘‘(B) The Secretary of Homeland Security year 2006 (H. Con. Res. 95); as follows: such Act (42 U.S.C. 1396r–4) and payments shall impose a fee on an employer filing a pe- On page 91, line 6, strike ‘‘April 7, 2009’’ and under such titles that are based on the en- tition under paragraph (1) to— insert ‘‘April 7, 2008’’. hanced FMAP described in section 2105(b) of ‘‘(i) initially grant an alien nonimmigrant such Act (42 U.S.C. 1397ee(b))) and shall not status under section 101(a)(15)(L); or SA 2371. Ms. SNOWE (for herself, Mr. apply with respect to payments under title ‘‘(ii) extend, for the first time, the stay of WYDEN, Mr. MCCAIN, and Ms. IV of such Act (42 U.S.C. 601 et seq.). an alien having such status. STABENOW) submitted an amendment (c) DEFINITIONS.—In this section: ‘‘(C) The amount of each fee imposed under (1) FMAP.—The term ‘‘FMAP’’ means the intended to be proposed by her to the subparagraph (A) or (B) shall be $1,500. Federal medical assistance percentage, as bill S. 1932, to provide for reconcili- ‘‘(D) Fees imposed under subparagraphs (A) defined in section 1905(b) of the Social Secu- ation pursuant to section 202(a) of the and (B)— rity Act (42 U.S.C. 1396d(b)). concurrent resolution on the budget for ‘‘(i) shall apply to principal aliens; and (2) STATE.—The term ‘‘State’’ has the ‘‘(ii) shall not apply to spouses or children fiscal year 2006 (H. Con. Res. 95); which meaning given such term for purposes of who are accompanying or following to join was ordered to lie on the table; as fol- title XIX of the Social Security Act (42 such principal aliens. lows: U.S.C. 1396 et seq.). ‘‘(E)(i) An employer may not require an (d) REPEAL.—Effective as of October 1, 2006, After section 6115, insert the following: this section is repealed and shall not apply alien who is the beneficiary of the visa or pe- SEC. 6116. NEGOTIATING FAIR PRICES FOR MEDI- to any fiscal year after fiscal year 2006. tition for which a fee is imposed under this CARE PRESCRIPTION DRUGS. paragraph to reimburse, or otherwise com- (a) IN GENERAL.—Section 1860D–11 (42 SEC. 6038. EXTENSION OF PRESCRIPTION DRUG REBATES TO ENROLLEES IN MED- pensate, the employer for part or all of the U.S.C. 1395w–111) is amended by striking sub- ICAID MANAGED CARE ORGANIZA- cost of such fee. section (i) (relating to noninterference) and TIONS. ‘‘(ii) Any person or entity which is deter- inserting the following: (a) IN GENERAL.—Section 1927(j)(1) (42 mined, after notice and opportunity for an ‘‘(i) AUTHORITY TO NEGOTIATE PRICES WITH U.S.C. 1396r–8(j)(1)) is amended by striking administrative hearing, to have violated MANUFACTURERS.— ‘‘dispensed’’ and all that follows through the clause (i) shall be subject to the civil penalty ‘‘(1) IN GENERAL.—Subject to paragraph (4), period and inserting ‘‘are not subject to the described in section 274A(g)(2).’’. in order to ensure that beneficiaries enrolled requirements of this section if such drugs (b) CONFORMING AMENDMENT.—Section under prescription drug plans and MA–PD are— 286(m) of the Immigration and Nationality plans pay the lowest possible price, the Sec- ‘‘(A) dispensed by health maintenance or- Act (8 U.S.C. 1356(m)) is amended by insert- retary shall have authority similar to that ganizations that contract under section ing ‘‘, including those fees provided for in of other Federal entities that purchase pre- 1903(m); and section 214(c)(15) of such Act,’’ after ‘‘all ad- scription drugs in bulk to negotiate con- ‘‘(B) subject to discounts under section judication fees’’. tracts with manufacturers of covered part D 340B of the Public Health Service Act (42 (c) EXPENDITURE LIMITATION.—Amounts drugs, consistent with the requirements and U.S.C. 256b).’’. collected under section 214(c)(15) of the Im- in furtherance of the goals of providing qual- (b) EFFECTIVE DATE.—The amendment migration and Nationality Act, as added by ity care and containing costs under this made by subsection (a) shall take effect on subsection (a), may not be expended unless part.

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.132 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12271

‘‘(2) MANDATORY RESPONSIBILITIES.—The (2) THIRD PARTY LIABILITY.—Nothing in erty before it is sold, the removal price shall Secretary shall be required to— subsection (a) shall be construed as limiting be the constructive sales price for purposes ‘‘(A) negotiate contracts with manufactur- the authority or responsibility of a State of determining gross income from the prop- ers of covered part D drugs for each fallback under section 1902(a)(25) of the Social Secu- erty under section 613. prescription drug plan under subsection (g); rity Act (42 U.S.C. 1396a(a)(25)) to seek reim- ‘‘(4) REFINING BEGUN ON PROPERTY.—If the and bursement from a prescription drug plan, an manufacture or conversion of crude oil into ‘‘(B) participate in negotiation of contracts MA–PD plan, or any other third party, of the refined products begins before such oil is re- of any covered part D drug upon request of costs incurred by the State in providing pre- moved from the property— an approved prescription drug plan or MA– scription drug coverage described in such ‘‘(A) such oil shall be treated as removed PD plan. subsection. on the day such manufacture or conversion ‘‘(3) RULE OF CONSTRUCTION.—Nothing in begins, and paragraph (2) shall be construed to limit the SA 2373. Mr. REED (for himself, Ms. ‘‘(B) the removal price shall be the con- authority of the Secretary under paragraph COLLINS, Mr. KENNEDY, Mr. KERRY, Mr. structive sales price for purposes of deter- (1) to the mandatory responsibilities under ROCKEFELLER, Mr. SCHUMER, Mr. mining gross income from the property paragraph (2). LIEBERMAN, Ms. MIKULSKI, Mr. KOHL, under section 613. ‘‘(4) NO PARTICULAR FORMULARY OR PRICE and Mr. SALAZAR) submitted an amend- ‘‘(5) PROPERTY.—The term ‘property’ has STRUCTURE.—In order to promote competi- ment intended to be proposed by him the meaning given such term by section 614. tion under this part and in carrying out this ‘‘(c) ADJUSTED BASE PRICE DEFINED.—For part, the Secretary may not require a par- to the bill S. 1932, to provide for rec- purposes of this chapter, the term ‘adjusted ticular formulary or institute a price struc- onciliation pursuant to section 202(a) base price’ means $40 for each barrel of tax- ture for the reimbursement of covered part D of the concurrent resolution on the able crude oil. drugs.’’. budget for fiscal year 2006 (H. Con. Res. ‘‘SEC. 5898. SPECIAL RULES AND DEFINITIONS . (b) EFFECTIVE DATE.—The amendment 95); which was ordered to lie on the ‘‘(a) WITHHOLDING AND DEPOSIT OF TAX.— made by this section shall take effect as if table; as follows: The Secretary shall provide such rules as are included in the enactment of section 101 of At the appropriate place, insert the fol- necessary for the withholding and deposit of the Medicare Prescription Drug, Improve- lowing: the tax imposed under section 5896 on any ment, and Modernization Act of 2003 (Public taxable crude oil. Law 108–173). SEC. ll. TEMPORARY WINDFALL PROFITS TAX FOR LIHEAP FUNDING. ‘‘(b) RECORDS AND INFORMATION.—Each taxpayer liable for tax under section 5896 SA 2372. Mrs. MURRAY (for herself, (a) IN GENERAL.—Subtitle E of the Inter- nal Revenue Code of 1986 (relating to alcohol, shall keep such records, make such returns, Mr. ROCKEFELLER, Mr. BINGAMAN, Mr. tobacco, and certain other excise taxes) is and furnish such information (to the Sec- KENNEDY, Mrs. CLINTON, Mr. LAUTEN- amended by adding at the end thereof the retary and to other persons having an inter- BERG, and Mr. KOHL) proposed an following new chapter: est in the taxable crude oil) with respect to such oil as the Secretary may by regulations amendment to the bill S. 1932, to pro- ‘‘CHAPTER 56—TEMPORARY WINDFALL prescribe. vide for reconciliation pursuant to sec- PROFITS ON CRUDE OIL ‘‘(c) RETURN OF WINDFALL PROFIT TAX.— tion 202(a) of the concurrent resolution ‘‘Sec. 5896. Imposition of tax. on the budget for fiscal year 2006 (H. The Secretary shall provide for the filing and ‘‘Sec. 5897. Windfall profit; removal price; the time of such filing of the return of the Con. Res. 95); as follows: adjusted base price; qualified tax imposed under section 5896. investment. On page 188, after line 24, add the fol- ‘‘(d) DEFINITIONS.—For purposes of this ‘‘Sec. 5898. Special rules and definitions. lowing: chapter— ‘‘SEC. 5896. IMPOSITION OF TAX. SEC. 6037. CONTINUING STATE COVERAGE OF ‘‘(1) PRODUCER.—The term ‘producer’ MEDICAID PRESCRIPTION DRUG ‘‘(a) IN GENERAL.—In addition to any means the holder of the economic interest COVERAGE TO MEDICARE DUAL ELI- other tax imposed under this title, there is with respect to the crude oil. GIBLE BENEFICIARIES FOR 6 hereby imposed on any integrated oil com- ‘‘(2) CRUDE OIL.— MONTHS. pany (as defined in section 291(b)(4)) an ex- ‘‘(A) IN GENERAL.—The term ‘crude oil’ (a) SIX-MONTH TRANSITION.— cise tax equal to the amount equal to the ap- includes crude oil condensates and natural (1) IN GENERAL.—Only with respect to pre- plicable percentage of the windfall profit gasoline. scriptions filled during the period beginning from all barrels of taxable crude oil removed ‘‘(B) EXCLUSION OF NEWLY DISCOVERED on January 1, 2006, and ending on June 30, from the property during taxable years be- 2006, for, or on behalf of an individual de- OIL.—Such term shall not include any oil ginning in 2005. produced from a well drilled after the date of scribed in paragraph (2), section 1935(d) of ‘‘(b) APPLICABLE PERCENTAGE.—For pur- the enactment of the chapter, except with the Social Security Act (42 U.S.C. 1396u–5(d)) poses of subsection (a), the applicable per- respect to any oil produced from a well shall not apply and, notwithstanding any centage shall be determined by the Sec- drilled after such date on any proven oil or other provision of law, a State (as defined for retary such that the resulting revenues in gas property (within the meaning of section purposes of title XIX of such Act) shall con- the Treasury are sufficient to meet the ex- 613A(c)(9)(A)). tinue to provide (and receive Federal finan- penditure requirements of section lll(d) ‘‘(3) BARREL.—The term ‘barrel’ means 42 cial participation for) medical assistance (relating to appropriations for Low-Income United States gallons. under such title with respect to prescription Home Energy Assistance program). ‘‘(e) ADJUSTMENT OF REMOVAL PRICE.—In drugs as if such section 1935(d) had not been ‘‘(c) FRACTIONAL PART OF BARREL.—In determining the removal price of oil from a enacted. the case of a fraction of a barrel, the tax im- property in the case of any transaction, the (2) INDIVIDUAL DESCRIBED.—For purposes of posed by subsection (a) shall be the same Secretary may adjust the removal price to paragraph (1), an individual described in this fraction of the amount of such tax imposed reflect clearly the fair market value of oil paragraph is a full-benefit dual eligible indi- on the whole barrel. removed. vidual (as defined in section 1935(c)(6) of such ‘‘(d) TAX PAID BY PRODUCER.—The tax ‘‘(f) REGULATIONS.—The Secretary shall Act (42 U.S.C. 1396u–5(c)(6))— imposed by this section shall be paid by the prescribe such regulations as may be nec- (A) who, as of January 1, 2006, is not en- producer of the taxable crude oil. essary or appropriate to carry out the pur- rolled in a prescription drug plan or an MA– ‘‘SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; poses of this chapter.’’. PD plan under part D of title XVIII of the ADJUSTED BASE PRICE. (b) CLERICAL AMENDMENT.—The table of Social Security Act; or ‘‘(a) GENERAL RULE.—For purposes of chapters for subtitle E of the Internal Rev- (B) whose access to prescription drugs that this chapter, the term ‘windfall profit’ enue Code of 1986 is amended by adding at were covered under a State Medicaid plan on means the excess of the removal price of the the end the following new item: December 31, 2005, is restricted or unduly barrel of taxable crude oil over the adjusted burdened as a result of the individual’s en- base price of such barrel. ‘‘CHAPTER 56. Temporary Windfall Profit on rollment in a prescription drug plan or an ‘‘(b) REMOVAL PRICE.—For purposes of Crude Oil.’’. MA–PD plan under part D of title XVIII of this chapter— (c) DEDUCTIBILITY OF WINDFALL PROFIT such Act. ‘‘(1) IN GENERAL.—Except as otherwise TAX.—The first sentence of section 164(a) of (b) APPLICATION.— provided in this subsection, the term ‘re- the Internal Revenue Code of 1986 (relating (1) MEDICARE AS PRIMARY PAYER.—Nothing moval price’ means the amount for which to deduction for taxes) is amended by insert- in subsection (a) shall be construed as chang- the barrel of taxable crude oil is sold. ing after paragraph (5) the following new ing or affecting the primary payer status of ‘‘(2) SALES BETWEEN RELATED PERSONS.— paragraph: a prescription drug plan or an MA–PD plan In the case of a sale between related persons, ‘‘(6) The windfall profit tax imposed by under part D of title XVIII of the Social Se- the removal price shall not be less than the section 5896.’’. curity Act with respect to prescription drugs constructive sales price for purposes of de- (d) LOW INCOME HOME ENERGY ASSIST- furnished to any full-benefit dual eligible in- termining gross income from the property ANCE PROGRAM APPROPRIATIONS.—With re- dividual (as defined in section 1935(c)(6) of under section 613. spect to fiscal year 2006, in addition to such Act (42 U.S.C. 1396u–5(c)(6)) during the ‘‘(3) OIL REMOVED FROM PROPERTY BEFORE amounts appropriated under any other provi- 6-month period described in such subsection. SALE.—If crude oil is removed from the prop- sion of law, for making payments under title

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.116 S02NOPT1 S12272 CONGRESSIONAL RECORD — SENATE November 2, 2005 XXVI of the Omnibus Budget Reconciliation to Federal upper payment limits that apply ment intended to be proposed by him Act of 1981 (42 U.S.C. 8621 et seq.), under section 447.332 of title 42, Code of Fed- to the bill S. 1932, to provide for rec- $2,920,000,000, shall be appropriated to dis- eral Regulations, use average wholesale onciliation pursuant to section 202(a) tribute funds to all the States in accordance prices, direct prices, and wholesale acquisi- of the concurrent resolution on the with section 2604 of that Act (42 U.S.C. 8623) tion costs for such drugs that do not exceed budget for fiscal year 2006 (H. Con. Res. (other than subsection (e) of such section). such prices and costs as of such date to de- (e) EFFECTIVE DATES.— termine the Federal upper payment limits 95); which was ordered to lie on the (1) IN GENERAL.—Except as provided in that apply under section 447.332 of title 42, table; as follows: paragraph (2), the amendments made by this Code of Federal Regulations to such drugs At the end of title VIII, insert the fol- section shall apply to taxable years begin- during such period; and lowing: ning in 2005. (C) analyze and report to Congress not SEC. ll. JUSTICE PROGRAMS. (2) SUBSECTION (d).—Subsection (d) shall later than July 1, 2008, on the impact of ap- (a) IN GENERAL.—The Secretary of the take effect on the date of the enactment of plying the pharmacy reimbursement limits Treasury this Act. for multiple source drugs under section (1) for fiscal year 2006, out of the funds in 1927(e) of the Social Security Act (as amend- the Treasury not otherwise appropriated, SA 2374. Mr. BAUCUS submitted an ed by subsection (b) and taking into account shall pay to the Attorney General, by De- amendment intended to be proposed by the amendments made by subsection (a)), cember 31, 2005, the amounts listed in sub- him to the bill S. 1932, to provide for particularly with respect to whether such section (b) that are to be provided for fiscal year 2006; and reconciliation pursuant to section limits are consistent with acquisition costs for rural and urban pharmacies. (2) for each subsequent fiscal year provided 202(a) of the concurrent resolution on in subsection (b) out of funds in the Treasury the budget for fiscal year 2006 (H. Con. SA 2377. Mr. COLEMAN (for himself, not otherwise appropriated shall pay to the Res. 95); which was ordered to lie on Mr. KENNEDY, Mr. BAYH, and Mrs. CLIN- Attorney General the amounts provided by November 1 of each such fiscal year. the table; as follows: TON) submitted an amendment in- MOUNTS PROVIDED.—The amounts re- Beginning on page 105, strike line 23 and (b) A tended to be proposed by him to the ferred to in subsection (a), which shall be in all that follows through page 106, line 2, and bill S. 1932, to provide for reconcili- addition to funds appropriated for each fiscal insert the following: ation pursuant to section 202(a) of the year, are— ‘‘(IV) Chargebacks, rebates provided to a (1) $8,000,000 for fiscal year 2006, $17,000,000 pharmacy (excluding a mail order pharmacy, concurrent resolution on the budget for for fiscal year 2007, $15,000,000 for fiscal year a pharmacy at a nursing facility or home, fiscal year 2006 (H. Con. Res. 95); which 2008, $10,000,000 for fiscal year 2009, and and a pharmacy benefit manager), or any was ordered to lie on the table; as follows: $10,000,000 for fiscal year 2010, to fund the other direct or indirect discounts. Bulletproof Vest Partnership Program as au- On page 298, after line 25, insert the fol- thorized under section 4 of Public Law 108– SA 2375. Mr. BAUCUS submitted an lowing: 372. amendment intended to be proposed by ‘‘(5) REQUIREMENTS FOR MEASURES OF EF- (2) $3,700,000 for fiscal year 2006, $6,300,000 him to the bill S. 1932, to provide for FICIENCY.— for fiscal year 2007, $5,000,000 for fiscal year reconciliation pursuant to section ‘‘(A) IN GENERAL.—Any measure of effi- 2008, $5,000,000 for fiscal year 2009, and 202(a) of the concurrent resolution on ciency selected by the Secretary under para- $5,000,000 for fiscal year 2010, to fund DNA the budget for fiscal year 2006 (H. Con. graph (3)(A) shall, to the extent feasible, re- Training and Education for Law Enforce- flect cost reductions resulting from— Res. 95); which was ordered to lie on ment, Correctional Personnel, and Court Of- ‘‘(i) improvements in quality of care, in- ficers as authorized by section 303 of Public the table; as follows: cluding the appropriate use of preventive and Law 108–405. After section 6115, insert the following: screening services and reductions in medical (3) $8,000,000 for fiscal year 2006, $12,000,000 SEC. 6116. EXTENSION OF IMPLEMENTATION errors; for fiscal year 2007, $10,000,000 for fiscal year SCHEDULE FOR MEDICARE CON- ‘‘(ii) changes in clinical processes that 2008, $10,000,000 for fiscal year 2009, and TRACTING REFORM. eliminate practices that are clearly not ben- $10,000,000 for fiscal year 2010, to fund DNA Notwithstanding any other provision of eficial, as determined by a consensus of peer- Research and Development as authorized by law, the Secretary of Health and Human reviewed medical literature or by the rel- section 305 of Public Law 108–405. Services shall extend the schedule for the evant medical specialty societies; or (4) $500,000 for fiscal year 2006, $500,000 for implementation of the amendments made by ‘‘(iii) improvements in administrative fiscal year 2007, $500,000 for fiscal year 2008, section 911 of the Medicare Prescription processes, such as reductions in unneces- $500,000 for fiscal year 2009, and $500,000 for Drug, Improvement, and Modernization Act sarily duplicative tests, reductions in the un- fiscal year 2010, to fund the National Foren- of 2003 (Public Law 108–173; 117 Stat. 2378) necessary use of hospital emergency depart- sic Science Commission as authorized by sec- until September 30, 2011. ments, or the use of health information tech- tion 306 of Public Law 108–405. nology. (5) $1,000,000 for fiscal year 2006, $1,000,000 SA 2376. Mr. BAUCUS submitted an ‘‘(B) LIMITATIONS ON TYPES OF MEASURES for fiscal year 2007, $1,000,000 for fiscal year amendment intended to be proposed by SELECTED.—No measure of efficiency may be 2008, $1,000,000 for fiscal year 2009, and him to the bill S. 1932, to provide for selected by the Secretary under paragraph $1,000,000 for fiscal year 2010, to fund DNA reconciliation pursuant to section (3)(A) that— Identification of Missing Persons as author- 202(a) of the concurrent resolution on ‘‘(i) is based on cost comparisons between ized by section 308 of Public Law 108–405. providers that do not identify clear, scientif- (6) $8,000,000 for fiscal year 2006, $27,000,000 the budget for fiscal year 2006 (H. Con. ically justified paths to reducing costs with- Res. 95); which was ordered to lie on for fiscal year 2007, $26,000,000 for fiscal year out compromising quality of care; 2008, $25,000,000 for fiscal year 2009, and the table; as follows: ‘‘(ii) is based on governmental judgments $25,000,000 for fiscal year 2010, to fund Capital Beginning on page 123, strike line 1 and about the value of life, reduction in pain, or Litigation Improvement Grants as author- all that follows through page 124, line 3, and improvement of function; ized by sections 421, 422, and 426 of Public insert the following: ‘‘(iii) requires physicians to limit the Law 108–405. (A) January 1, 2009; or choice by patients and physicians of ad- (7) $2,500,000 for fiscal year 2006, $3,000,000 (B) the date that is 6 months after the vanced medical technologies based on indi- for fiscal year 2007, $2,500,000 for fiscal year close of the first regular session of the State vidual needs; or 2008, $2,500,000 for fiscal year 2009, and legislature that begins after the date of en- ‘‘(iv) would limit the adoption of new $2,500,000 for fiscal year 2010, to fund the Kirk actment of this Act. medical technologies. Bloodsworth Post-Conviction DNA Testing (c) INTERIM UPPER PAYMENT LIMIT.— ‘‘(C) SCIENTIFICALLY JUSTIFIED.—For pur- Grant Program as authorized by sections 412 (1) IN GENERAL.—With respect to a State poses of subparagraph (B)(i), the term ‘sci- and 413 of Public Law 108–405. program under title XIX of the Social Secu- entifically justified’ means supported by— (8) $1,000,000 for fiscal year 2006, $1,000,000 rity Act, during the period that begins on ‘‘(i) the consensus recommendation of for fiscal year 2007, $1,000,000 for fiscal year January 1, 2006, and ends on the effective the relevant specialty or subspecialty soci- 2008, $1,000,000 for fiscal year 2009, and date applicable to such State under sub- ety; or $1,000,000 for fiscal year 2010, to fund In- section (b)(3), the Secretary shall— ‘‘(ii) a consensus of the peer-reviewed lit- creased Resources for Enforcement of Crime (A) apply the Federal upper payment erature. Victims Rights, Crime Victims Notification limit established under section 447.332(b) of ‘‘(D) APPLICATION TO ADDITIONAL MEAS- Grants as authorized by section 1404D of the title 42, Code of Federal Regulations to the URES.—The provisions of subparagraphs (B), Victims of Crime Act of 1984 (42 D.S.C. 10603 State by substituting ‘‘125 percent’’ for ‘‘150 (C), and (D) shall apply to measures de- d). percent’’; scribed in section 1860E–1(b)(1)(B)(iv). ( c) OBLIGATION OF FUNDS.—THE ATTORNEY (B) in the case of covered outpatient GENERAL SHALL— drugs under title XIX of such Act that are SA 2378. Mr. SPECTER (for himself (1) receive funds under this section for fis- marketed as of July 1, 2005, and are subject and Mr. LEAHY) submitted an amend- cal years 2006 through 2010; and

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.117 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12273 (2) accept such funds in the amounts pro- (i) in clause (vi), by striking ‘‘and’’ at the of the MA–PD plan) at (insert toll free phone vided which shall be obligated for the pur- end; number for such sponsor of such plan).’’. poses stated in this section by March 1 of (ii) in clause (vii), by striking the period at (b) CERTIFICATION REQUIREMENTS DE- each fiscal year. the end and inserting ‘‘; and’’; and SCRIBED.—The certification required under SEC. —. COPYRIGHT PROGRAM. (iii) by adding at the end the following new subsection (a) shall meet the following re- (a) IN GENERAL.—The Secretary of the clause: quirements: Treasury— ‘‘(viii) measures that address conditions (1) The certification shall be printed in a (1) for fiscal year 2006, out of the funds in where there is the greatest disparity of typeface of not less than 18 points. the Treasury not otherwise appropriated, health care provided and health outcomes (2) The certification shall be printed on a shall pay to the Librarian of the Congress, between majority and minority groups.’’; single piece of paper separate from any mat- by December 31, 2005, the amounts listed in and ter not related to the certification. subsection (b) that are to be provided for fis- (B) in subparagraph (E)— (3) The certification shall have a heading cal year 2006; and (i) in clause (v), by striking ‘‘and’’ at the printed at the top of the page in all capital (2) for each subsequent fiscal year provided end; letters and bold face type that states the fol- in subsection (b) out of funds in the Treasury (ii) by redesignating clause (vi) as clause lowing: ‘‘WARNING: POTENTIAL MEDI- not otherwise appropriated shall pay to the (vii); and CARE PRESCRIPTION DRUG COVERAGE Librarian of the Congress the amounts pro- (iii) by inserting after clause (v) the fol- GAP’’. lowing new clause: vided by November 1 of each such fiscal year. Mr. BAUCUS submitted an (b) AMOUNTS PROVIDED.—The amounts re- ‘‘(vi) allows quality measures that are re- SA 2382. ferred to in subsection (a), which shall be in ported to be stratified according to patient amendment intended to be proposed by addition to funds appropriated for each fiscal group characteristics, such as gender, lan- him to the bill S. 1932, to provide for year, are: $1,300,000 for fiscal year 2006, guage spoken, insurance status, and race and reconciliation pursuant to section $1,300,000 for fiscal year 2007, $1,300,000 for fis- ethnicity, using, at a minimum, the cat- 202(a) of the concurrent resolution on cal year 2008, $1,300,000 for fiscal year 2009, egories of race and ethnicity described in the the budget for fiscal year 2006 (H. Con. and $1,300,000 for fiscal year 2010, to fund the 1997 Office of Management and Budget Res. 95); which was ordered to lie on Copyright Royalty Judges Program as au- Standards for Maintaining, Collecting, and the table; as follows: Presenting Federal Data on Race and Eth- thorized under section 803(e)(1)(B) of title 17, Beginning on page 123, strike line 1 and all nicity; and’’; United States Code. that follows through page 124, line 10, and in- (c) OBLIGATION OF FUNDS.—The Librarian (2) in subsection (c)(4)— sert the following: of the Congress shall— (A) in subparagraph (B), by striking ‘‘and’’ (A) January 1, 2009; or (1) receive funds under this section for fis- at the end; (B) the date that is 6 months after the cal years 2006 through 2010; and (B) in subparagraph (C), by striking the pe- close of the first regular session of the State (2) accept such funds in the amounts pro- riod at the end and inserting ‘‘; and’’; and legislature that begins after the date of en- vided which shall be obligated for the pur- (C) by adding at the end the following new actment of this Act. subparagraph: poses stated in this section by March 1 of (c) INTERIM UPPER PAYMENT LIMIT.— ‘‘(D) The report commissioned by Congress each fiscal year. (1) IN GENERAL.—With respect to a State from the Institute of Medicine of the Na- program under title XIX of the Social Secu- SA 2379. Mrs. FEINSTEIN (for her- tional Academy of Sciences, titled ‘Unequal rity Act, during the period that begins on self, Mrs. HUTCHISON, Mrs. BOXER, Mrs. Treatment: Confronting Racial and Ethnic January 1, 2006, and ends on the effective MURRAY, Mr. LAUTENBERG, Mr. SCHU- Disparities in Health Care’.’’; and date applicable to such State under sub- MER, Mr. CORZINE, and Ms. CANTWELL) (3) in subsection (d)(2), by inserting ‘‘ex- section (b)(3), the Secretary shall— submitted an amendment intended to perts in minority health,’’ after ‘‘govern- (A) apply the Federal upper payment limit ment agencies,’’. be proposed by her to the bill S. 1932, to established under section 447.332(b) of title provide for reconciliation pursuant to SA 2381. Mr. LAUTENBERG sub- 42, Code of Federal Regulations to the State section 202(a) of the concurrent resolu- by substituting ‘‘125 percent’’ for ‘‘150 permitted an amendment intended to be cent’’; tion on the budget for fiscal year 2006 proposed by him to the bill S. 1932, to (B) in the case of covered outpatient drugs (H. Con. Res. 95); which was ordered to provide for reconciliation pursuant to under title XIX of such Act that are mar- lie on the table; as follows: section 202(a) of the concurrent resolu- keted as of July 1, 2005, and are subject to On page 188, after line 24, add the fol- tion on the budget for fiscal year 2006 Federal upper payment limits that apply lowing: (H. Con. Res. 95); which was ordered to under section 447.332 of title 42, Code of Fed- SEC. 6037. AUTHORITY TO CONTINUE PROVIDING lie on the table; as follows: eral Regulations, use average wholesale prices, direct prices, and wholesale acquisi- CERTAIN ADULT DAY HEALTH CARE On page 368, between line 5 and 6, insert SERVICES OR MEDICAL ADULT DAY tion costs for such drugs that do not exceed the following: CARE SERVICES. such prices and costs as of such date to de- SEC. 6116. CERTIFICATION PRIOR TO BENE- Notwithstanding any other provision of termine the Federal upper payment limits law, the Secretary shall not— FICIARY ENROLLMENT IN A PRE- SCRIPTION DRUG PLAN OR AN MA– that apply under section 447.332 of title 42, (1) withhold, suspend, disallow, or other- PD PLAN THAT HAS A GAP IN THE Code of Federal Regulations to such drugs wise deny Federal financial participation COVERAGE OF PRESCRIPTION during such period; and under section 1903(a) of the Social Security DRUGS UNDER PART D. (C) analyze and report to Congress not Act (42 U.S.C. 1396b(a)) for adult day health (a) IN GENERAL.—The Secretary shall take later than July 1, 2008, on the impact of ap- care services or medical adult day care serv- appropriate measures to ensure that the plying the pharmacy reimbursement limits ices, as defined under a State medicaid plan process for enrollment established under sec- for multiple source drugs under section approved on or before 1982, if such services tion 1860D–1(b)(1) of the Social Security Act 1927(e) of the Social Security Act (as amend- are provided consistent with such definition (42 U.S.C. 1395w–101) includes, in the case of ed by subsection (b) and taking into account and the requirements of such plan; or a prescription drug plan or an MA–PD plan the amendments made by subsection (a)), (2) withdraw Federal approval of any such that contains an initial coverage limit (as particularly with respect to whether such State plan or part thereof regarding the pro- described in section 1860D–2(b)(3) of such limits are consistent with acquisition costs vision of such services. Act), a requirement that, prior to enrolling for rural and urban pharmacies. an individual in the plan, the plan must ob- (2) APPLICATION TO NEW DRUGS.—Paragraph SA 2380. Mr. LIEBERMAN submitted tain a certification signed by the enrollee or (1)(A) shall apply to a covered outpatient an amendment intended to be proposed the legal guardian of the enrollee that meets drug under title XIX of the Social Security by him to the bill S. 1932, to provide for the requirements described in subsection (b) Act that is first marketed after July 1, 2005, reconciliation pursuant to section and includes the following text: ‘‘I under- but before January 1, 2007, and is subject to 202(a) of the concurrent resolution on stand that the Medicare Prescription Drug the Federal upper payment limit established the budget for fiscal year 2006 (H. Con. Plan or MA–PD Plan that I am signing up for under section 447.332(b) of title 42, Code of may result in a gap in coverage during a Federal Regulations. Res. 95); which was ordered to lie on given year. I understand that if subject to (d) EXTENSION OF PRESCRIPTION DRUG DIS- the table; as follows: this gap in coverage, I will be responsible for COUNTS TO ENROLLEES OF MEDICAID MANAGED On page 368, between line 5 and 6, insert paying 100 percent of the cost of my prescrip- CARE ORGANIZATIONS.— the following: tion drugs and will continue to be respon- (1) IN GENERAL.—Section 1903(m)(2)(A) (42 SEC. 6116. QUALITY MEASUREMENT SYSTEMS sible for paying the plan’s monthly premium U.S.C. 1396b(m)(2)(A)) is amended— AMENDMENTS. while subject to this gap in coverage. For (A) in clause (xi), by striking ‘‘and’’ at the Section 1860E–1 , as added by section specific information on the potential cov- end; 6110(a)(2), is amended— erage gap under this plan, I understand that (B) in clause (xii), by striking the period at (1) in subsection (b)(1)— I should contact (insert name of the sponsor the end and inserting ‘‘; and’’; and (A) in subparagraph (B)— of the prescription drug plan or the sponsor (C) by adding at the end the following:

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.118 S02NOPT1 S12274 CONGRESSIONAL RECORD — SENATE November 2, 2005

‘‘(xiii) such contract provides that pay- (C) EFFECTIVE DATE.—The amendments On page 95, line 12, after the period insert ment for covered outpatient drugs dispensed made by this paragraph take effect on the ‘‘The Secretary may not obligate any to individuals eligible for medical assistance date of enactment of this Act and apply to amounts from the Fund until the proceeds of who are enrolled with the entity shall be rebate agreements entered into or renewed the auction authorized by section subject to the same rebate agreement en- under section 1927 of the Social Security Act 309(j)(15)(C)(v) are actually deposited by the tered into under section 1927 as the State is (42 U.S.C. 1396r–8) on or after such date. Commission pursuant to subsection (b).’’. subject to and that the State shall have the option of collecting rebates for the dis- SA 2384. Mr. HARKIN submitted an SA 2387. Mr. SUNUNU submitted an pensing of such drugs by the entity directly amendment intended to be proposed by amendment intended to be proposed by from manufacturers or allowing the entity him to the bill S. 1932, to provide for him to the bill S. 1932, to provide for to collect such rebates from manufacturers reconciliation pursuant to section reconciliation pursuant to section in exchange for a reduction in the prepaid 202(a) of the concurrent resolution on payments made to the entity for the enroll- 202(a) of the concurrent resolution on ment of such individuals.’’. the budget for fiscal year 2006 (H. Con. the budget for fiscal year 2006 (H. Con. (2) CONFORMING AMENDMENT.—Section Res. 95); which was ordered to lie on Res. 95); which was ordered to lie on 1927(j)(1) (42 U.S.C. 1396r–8(j)91)) is amended the table; as follows: the table; as follows: by inserting ‘‘other than for purposes of col- At the appropriate place, insert the fol- On page 368, between line 5 and 6, insert lection of rebates for the dispensing of such lowing: the following: drugs in accordance with the provisions of a SEC. ll. ASSISTANCE TO COMBAT INFLUENZA SEC. 6116. ELECTRONIC PRESCRIPTION INCEN- contract under section 1903(m) that meets AND NEWLY EMERGING PANDEMICS. TIVES. the requirements of paragraph (2)(A)(xiii) of Section 1860D–42 (42 U.S.C. 1395w–152) is (a) IN GENERAL.—Out of any money in the that section’’ before the period. Treasury of the United States not otherwise amended by adding at the end the following (3) EFFECTIVE DATE.—The amendments appropriated, there are appropriated new subsection: made by this subsection take effect on the ‘‘(d) ELECTRONIC PRESCRIPTION INCEN- $7,975,000,000 to enable the Secretary of date of enactment of this Act and apply to TIVES.— Health and Human Services to carry out the rebate agreements entered into or renewed ‘‘(1) PHYSICIAN PAYMENTS.—For each elec- pandemic influenza preparedness activities under section 1927 of the Social Security Act tronic prescription written by a physician described in subsection (b). (42 U.S.C. 1396r–8) on or after such date. during the period beginning on January 1, (b) ACTIVITIES.—From amounts appro- 2006, and ending on December 31, 2009, the priated under subsection (a), the Secretary SA 2383. Mr. BAUCUS submitted an PDP sponsor of a prescription drug plan of Health and Human Services shall carry amendment intended to be proposed by shall make a payment of an amount equal out the following activities: to— him to the bill S. 1932, to provide for (1) To stockpile antivirals and necessary ‘‘(A) $1.00, minus reconciliation pursuant to section medical supplies relating to pandemic influ- ‘‘(B) an amount equal to the percentage of 202(a) of the concurrent resolution on enza and public health infrastructure. total claims that consist of electronic the budget for fiscal year 2006 (H. Con. (2) To award grants to State and local pub- claims, as determined under subparagraphs Res. 95); which was ordered to lie on lic health agencies for emergency prepared- (A) and (B) of paragraph (3) (expressed in ness activities. the table; as follows: cents). (3) To provide for risk communication and On page 110, after line 24, add the fol- ‘‘(2) DISPENSING FEE OFFSET REDUCTION.— outreach to the public concerning pandemic lowing: For each non-electronic prescription written influenza. (4) EXCLUSION OF DISCOUNTS PROVIDED TO by a physician during the period described in (4) To conduct research and improve the MAIL ORDER AND NURSING FACILITY PHAR- paragraph (1), the PDP sponsor of a prescrip- laboratory capacity of the Centers for Dis- MACIES FROM THE DETERMINATION OF AVERAGE tion drug plan shall reduce the dispensing fee ease Control and Prevention relating to pan- MANUFACTURER PRICE.— established in accordance with section demic influenza. (A) IN GENERAL.—Section 1860D–4(c)(2)(E) by an amount equal to— (5) To conduct surveillance activities of 1927(k)(1)(B)(ii)(IV) (42 U.S.C. 1396r– ‘‘(A) $1.00, minus migratory birds relating to the occurrence of 8(k)(1)(B)(ii)(IV)), as added by paragraph ‘‘(B) an amount equal to the percentage of influenza. (1)(C), is amended to read as follows: total claims that consist of non-electronic (6) To stockpile influenza vaccines. ‘‘(IV) Chargebacks, rebates provided to a claims, as determined under subparagraphs (7) To create expanded domestic capacity pharmacy (excluding a mail order pharmacy, (A) and (B) of paragraph (3) (expressed in for influenza vaccine manufacturing and vac- a pharmacy at a nursing facility or home, cents). and a pharmacy benefit manager), or any cine-related research. ‘‘(3) DATA USED.— other direct or indirect discounts.’’. (8) To improve global surveillance related ‘‘(A) INITIAL ESTIMATE.—Subject to the up- to a pandemic influenza. (B) EFFECTIVE DATE.—Paragraph (3) shall date required under subparagraph (B), in de- (9) To improve hospital preparedness and apply to the amendment made by subpara- termining the percentage of total claims surge capacity. graph (A). that consist of electronic claims and the per- (10) To improve health information tech- (5) EXTENSION OF PRESCRIPTION DRUG DIS- centage of total claims that consist of non- nology systems and networks to improve the COUNTS TO ENROLLEES OF MEDICAID MANAGED electronic claims, the Secretary shall use an detection of influenza outbreaks. CARE ORGANIZATIONS.— estimate of the number of electronic claims (A) IN GENERAL.—Section 1903(m)(2)(A) (42 Mr. SUNUNU submitted an and non-electronic claims that will be sub- U.S.C. 1396b(m)(2)(A)) is amended— SA 2385. mitted as of January 1, 2006. (i) in clause (xi), by striking ‘‘and’’ at the amendment intended to be proposed by ‘‘(B) UPDATE.—For each 6 month period be- end; him to the bill S. 1932, to provide for ginning after January 1, 2006, the Secretary (ii) in clause (xii), by striking the period at reconciliation pursuant to section shall update the estimate of the number of the end and inserting ‘‘; and’’; and 202(a) of the concurrent resolution on electronic claims and non-electronic claims (iii) by adding at the end the following: the budget for fiscal year 2006 (H. Con. used to determine the percentage of total ‘‘(xiii) such contract provides that pay- claims that consist of electronic claims and ment for covered outpatient drugs dispensed Res. 95); which was ordered to lie on the table; as follows: the percentage of total claims that consist of to individuals eligible for medical assistance non-electronic claims. who are enrolled with the entity shall be On page 95, line 12, strike ‘‘2010’’ and insert To the extent feasible, the Secretary shall subject to the same rebate agreement en- ‘‘2009’’. use the most recent data available, including tered into under section 1927 as the State is On page 95, line 12, after the period insert real-time data on drug claims submitted subject to and that the State shall have the ‘‘Any amount in the Fund that is not to be under this part, to determine the percentage option of collecting rebates for the dis- transferred under subsection (d) and that has of total claims that consist of electronic pensing of such drugs by the entity directly not been obligated under subsection (c) or claims and the percentage of total claims from manufacturers or allowing the entity section 3006 by such date shall be transferred that consist of non-electronic claims. to collect such rebates from manufacturers to the general fund of the Treasury.’’. ‘‘(4) REGULATIONS.—The Secretary shall es- in exchange for a reduction in the prepaid tablish regulations and procedures for car- payments made to the entity for the enroll- SA 2386. Mr. SUNUNU (for himself rying out this subsection.’’. ment of such individuals.’’. and Mr. ALLEN) submitted an amend- (B) CONFORMING AMENDMENT.—Section ment intended to be proposed by him SA 2388. Mr. SUNUNU (for himself, 1927(j)(1) (42 U.S.C. 1396r–8(j)91)) is amended to the bill S. 1932, to provide for rec- Mr. ALLEN, and Mr. DEMINT) submitted by inserting ‘‘other than for purposes of col- onciliation pursuant to section 202(a) an amendment intended to be proposed lection of rebates for the dispensing of such drugs in accordance with the provisions of a of the concurrent resolution on the by him to the bill S. 1932, to provide for contract under section 1903(m) that meets budget for fiscal year 2006 (H. Con. Res. reconciliation pursuant to section the requirements of paragraph (2)(A)(xiii) of 95); which was ordered to lie on the 202(a) of the concurrent resolution on that section’’ before the period. table; as follows: the budget for fiscal year 2006 (H. Con.

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.119 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12275 Res. 95); which was ordered to lie on ‘‘(ii) FOREIGN LANGUAGES.—The Secretary, (b) HIV-INFECTED INDIVIDUALS DE- the table; as follows: in consultation with the Secretary of De- SCRIBED.—For purposes of subsection (a), On page 94, line 4, strike ‘‘shall’’ and insert fense, the Secretary of the Department of HIV-infected individuals described in this ‘‘may’’. Homeland Security, and the Secretary of subsection are individuals who are not de- On page 94, line 7, after ‘‘(1)’’ insert ‘‘not to State, shall develop, update not less often scribed in section 1902(a)(10)(A)(i) of the So- exceed’’. than once every 2 years, and publish in the cial Security Act (42 U.S.C. On page 94, line 13, after ‘‘(2)’’ insert ‘‘not Federal Register, a list of foreign language 1396a(a)(10)(A)(i))— to exceed’’. degrees, majors, certificates, or programs (1) who have HIV infection; On page 94, line 19, after ‘‘(3)’’ insert ‘‘not that if pursued by a student, enables the stu- (2) whose income (as determined under the to exceed’’. dent to receive an increased ProGAP award State Medicaid plan with respect to disabled On page 95, line 1, after ‘‘(4)’’ insert ‘‘not to under subparagraph (A). In developing and individuals) does not exceed 200 percent of exceed’’. updating the list the Secretaries shall con- the poverty line (as defined in section On page 95, line 4, after ‘‘(5)’’ insert ‘‘not to sider the following: 2110(c)(5) of the Social Security Act (42 exceed’’. ‘‘(I) The foreign language needs of the U.S.C. 1397jj(c)(5)); and On page 95, beginning in line 10, strike United States with respect to national secu- (3) whose resources (as determined under ‘‘The amounts payable’’ and insert ‘‘Any rity, homeland security, and economic secu- the State Medicaid plan with respect to dis- amounts that are to be paid’’. rity. abled individuals) do not exceed the max- On page 95, line 12, after the period insert ‘‘(II) Whether institutions of higher edu- imum amount of resources a disabled indi- ‘‘Any amount in the Fund that is not obli- vidual described in section 1902(a)(10)(A)(i) of gated under subsection (c) by that date shall cation in the United States are currently producing enough graduates with degrees to such Act may have and obtain medical as- be transferred to the general fund of the sistance under such plan. Treasury.’’. meet the national security, homeland security, and economic security needs of the (c) LENGTH OF PERIOD FOR PROVISION OF MEDICAL ASSISTANCE.—A State shall not be United States. SA 2389. Mr. WARNER (for himself, approved to provide medical assistance to an ‘‘(III) The future expected workforce needs Mr. LIEBERMAN, Mr. ROBERTS, Mr. DUR- HIV-infected individual in accordance with of the United States required to help ensure BIN, and Mr. ALLEN) submitted an the demonstration project established under the Nation’s national security, homeland se- amendment intended to be proposed by this section for a period of more than 5 con- curity, and economic security. him to the bill S. 1932, to provide for secutive years. ‘‘(IV) Whether institutions of higher edu- (d) LIMITATIONS ON FEDERAL FUNDING.— reconciliation pursuant to section cation in the United States are expected to 202(a) of the concurrent resolution on (1) APPROPRIATION.— produce enough graduates with degrees to (A) IN GENERAL.—Out of any funds in the the budget for fiscal year 2006 (H. Con. meet the future national security, homeland Treasury not otherwise appropriated, there Res. 95); which was ordered to lie on security, and economic security needs of the is appropriated to carry out this section, the table; as follows: United States. $450,000,000 for the period of fiscal years 2006 On page 369, between lines 15 and 16, insert ‘‘(C) CONTINUATION OF ELIGIBILITY.—In the through 2010. the following: case of a student who receives an increased (B) BUDGET AUTHORITY.—Subparagraph (A) ‘‘(3) INCREASED PROGAP AWARD FOR SCIENCE, ProGAP award under subparagraph (A) for constitutes budget authority in advance of MATHEMATICS, ENGINEERING, AND FOREIGN an academic year and whose degree, major, appropriations Act and represents the obli- LANGUAGES STUDENTS.— certificate, or program is subsequently regation of the Federal Government to provide ‘‘(A) INCREASED PROGAP AWARD.—Notwith- moved from a list described in subparagraph for the payment of the amounts appropriated standing paragraph (1)(A), the Secretary (B), such student shall continue to be eligi- under that subparagraph. shall increase the maximum and minimum ble for the increased ProGAP award in the (2) LIMITATION ON PAYMENTS.—In no case award level for students who are eligible for subsequent academic years required for com- may— a grant under this section and who, subject pletion of such degree, major, certificate, or (A) the aggregate amount of payments to subparagraph (C), are pursuing a degree program. made by the Secretary to eligible States with a major in, or a certificate or program under this section exceed $450,000,000; or of study relating to, engineering, mathe- SA 2390. Mr. SMITH (for himself and (B) payments be provided by the Secretary matics, science (such as physics, chemistry, Mrs. CLINTON) submitted an amend- under this section after September 30, 2010. or computer science), or a foreign language, ment intended to be proposed by him (3) FUNDS ALLOCATED TO STATES.—The Sec- described in a list developed or updated to the bill S. 1932, to provide for rec- retary shall allocate funds to States with ap- under subparagraph (B). proved applications under this section based onciliation pursuant to section 202(a) on their applications and the availability of ‘‘(B) LISTS OF QUALIFYING DEGREES, MAJORS, of the concurrent resolution on the CERTIFICATES, OR PROGRAMS.— funds. budget for fiscal year 2006 (H. Con. Res. ‘‘(i) ENGINEERING, MATHEMATICS, OR (4) PAYMENTS TO STATES.—The Secretary SCIENCE.—The Secretary, in consultation 95); which was ordered to lie on the shall pay to each State, from its allocation with the Secretary of Defense, the Secretary table; as follows: under paragraph (3), an amount each quarter of the Department of Homeland Security, On page 188, after line 24, add the fol- equal to the enhanced Federal medical as- and the Director of the National Science lowing: sistance percentage described in section Foundation, shall develop, update not less 2105(b) of the Social Security Act (42 U.S.C. SEC. 6037. DEMONSTRATION PROJECT REGARD- 1397ee(b)) of expenditures in the quarter for often than once every 2 years, and publish in ING MEDICAID COVERAGE OF LOW- the Federal Register, a list of engineering, INCOME HIV-INFECTED INDIVID- medical assistance provided to HIV-infected mathematics, and science degrees, majors, UALS. individuals who are eligible for such assist- certificates, or programs that if pursued by a (a) REQUIREMENT TO CONDUCT DEMONSTRA- ance under a State Medicaid program in ac- student, enables the student to receive an in- TION PROJECT.— cordance with the demonstration project established under this section. creased ProGAP award under subparagraph (1) IN GENERAL.—The Secretary shall estab- (e) EVALUATION AND REPORT.— (A). In developing and updating the list, the lish a demonstration project under which a (1) EVALUATION.—The Secretary shall con- Secretaries and Director shall consider the State may apply under section 1115 of the duct an evaluation of the demonstration following: Social Security Act (42 U.S.C. 1315) to pro- project established under this section. Such ‘‘(I) The current engineering, mathe- vide medical assistance under a State med- evaluation shall include an analysis of the matics, and science needs of the United icaid program to HIV-infected individuals cost-effectiveness of the project and the im- States with respect to national security, described in subsection (b) in accordance pact of the project on the Medicare, Med- homeland security, and economic security. with the provisions of this section. icaid, and Supplemental Security Income ‘‘(II) Whether institutions of higher edu- (2) LIMITATION ON NUMBER OF APPROVED AP- programs established under titles XVIII, cation in the United States are currently PLICATIONS.—The Secretary shall only ap- XIX, and XVI, respectively, of the Social Se- producing enough graduates with degrees to prove as many State applications to provide curity Act (42 U.S.C. 1395 et seq., 1396 et seq., meet the national security, homeland secu- medical assistance in accordance with this 1381 et seq.). rity, and economic security needs of the section as will not exceed the limitation on (2) REPORT TO CONGRESS.—Not later than United States. aggregate payments under subsection December 31, 2010, the Secretary shall sub- ‘‘(III) The future expected workforce needs (d)(2)(A). mit a report to Congress on the results of the of the United States required to help ensure (3) AUTHORITY TO WAIVE RESTRICTIONS ON evaluation of the demonstration project es- the Nation’s national security, homeland se- PAYMENTS TO TERRITORIES.—The Secretary tablished under this section. curity, and economic security. shall waive the limitations on payment (f) EFFECTIVE DATE.—This section shall ‘‘(IV) Whether institutions of higher edu- under subsections (f) and (g) of section 1108 take effect on January 1, 2006. cation in the United States are expected to of the Social Security Act (42 U.S.C. 1308) in SEC. 6038. ADDITIONAL INCREASE IN REBATE produce enough graduates with degrees to the case of a State that is subject to such FOR SINGLE SOURCE AND INNO- meet the future national security, homeland limitations and submits an approved applica- VATOR MULTIPLE SOURCE DRUGS. security, and economic security needs of the tion to provide medical assistance in accord- Section 1927(c)(1)(B)(i)(VI) (42 U.S.C. 1396r– United States. ance with this section. 8(c)(1)(B)(i)(VI)), as added by section

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.120 S02NOPT1 S12276 CONGRESSIONAL RECORD — SENATE November 2, 2005 6002(a)(3), is amended by striking ‘‘17’’ and Act (12 U.S.C. 1455(g)) is amended to read as CHAPTER 7—ADDITONAL REFORMS inserting ‘‘17.8’’. follows: SEC. 6081. ENSURING FAIR TREATMENT OF MED- ‘‘(g) TREATMENT OF SECURITIES.— ICAID SERVICES FURNISHED TO IN- SA 2391. Mr. HAGEL (for himself and DIANS. ‘‘(1) IN GENERAL.—Any securities issued or Mr. SUNUNU) submitted an amendment guaranteed by the Corporation shall not be (a) APPLICATION OF 100 PERCENT FMAP FOR intended to be proposed by him to the exempt securities for purposes of the Securi- SERVICES FURNISHED TO AN INDIAN BY AN bill S. 1932, to provide for reconcili- ties Act of 1933. URBAN INDIAN HEALTH PROGRAM.— N GENERAL ation pursuant to section 202(a) of the ‘‘(2) EXEMPTION FOR APPROVED SELLERS.— (1) I .—The third sentence of sec- concurrent resolution on the budget for Notwithstanding any other provision of this tion 1905(b) (42 U.S.C. 1396d(b)) is amended by fiscal year 2006 (H. Con. Res. 95); which title or the Securities Act of 1933, trans- inserting before the period at the end the fol- actions involving the initial disposition by lowing: ‘‘, or through an urban Indian health was ordered to lie on the table; as fol- program receiving funds under title V of the lows: an approved seller of pooled certificates that are acquired by that seller from the Corpora- Indian Health Care Improvement Act’’. At the appropriate place, insert the fol- (2) CONFORMING AMENDMENT.—Section lowing: tion upon the initial issuance of the pooled certificates shall be deemed to be trans- 1911(c) (42 U.S.C. 1396j(c)) is amended by in- SEC. ll. REGISTRATION OF GSE SECURITIES. actions by a person other than an issuer, un- serting before the period the following: ‘‘, or (a) FANNIE MAE.— derwriter, or dealer for purposes of the Secu- through an urban Indian health program re- (1) MORTGAGE-BACKED SECURITIES.—Section rities Act of 1933. ceiving funds under title V of the Indian 304(d) of the Federal National Mortgage As- ‘‘(3) DEFINITIONS.—For purposes of this sub- Health Care Improvement Act’’. sociation Charter Act (12 U.S.C. 1719(d)) is (b) PROHIBITION ON IMPOSITION OF PRE- section, the following definitions shall apply: amended by striking the fourth sentence and MIUMS, DEDUCTIBLES, COPAYMENTS, AND ‘‘(A) APPROVED SELLER.—The term ‘ap- inserting the following: ‘‘Securities issued by OTHER COST-SHARING ON INDIANS.—Section proved seller’ means an institution approved the corporation under this subsection shall 1916 (42 U.S.C. 1396o) is amended— by the Corporation to sell mortgage loans to not be exempt securities for purposes of the (1) in subsection (a)(3), by inserting ‘‘(other the Corporation in exchange for pooled cer- Securities Act of 1933.’’. than such individuals who are Indians (as de- tificates. (2) SUBORDINATE OBLIGATIONS.—Section fined in section 4 of the Indian Health Care ‘‘(B) POOLED CERTIFICATES.—The term 304(e) of the Federal National Mortgage As- Improvement Act)’’ after ‘‘other such indi- ‘pooled certificates’ means single class mort- sociation Charter Act (12 U.S.C. 1719(e)) is viduals’’; gage-backed securities guaranteed by the amended by striking the fourth sentence and (2) in subsection (b), in the matter pre- Corporation that have been issued by the inserting the following: ‘‘Obligations issued ceding paragraph (1), by inserting ‘‘or who Corporation directly to the approved seller by the corporation under this subsection are Indians (as defined in section 4 of the In- in exchange for the mortgage loans under- shall not be exempt securities for purposes of dian Health Care Improvement Act)’’ after lying such mortgage-backed securities.’’. the Securities Act of 1933.’’. ‘‘section 1902(a)(10)’’; and (3) SECURITIES.—Section 311 of the Federal (c) NO EFFECT ON OTHER LAW.—Nothing in (3) in subsection (c)(1), by inserting ‘‘(other National Mortgage Association Charter Act this section or the amendments made by this than such an individual who is an Indian (as (12 U.S.C. 1723c) is amended— section shall be construed to affect any ex- defined in section 4 of the Indian Health Care (A) in the section heading, by striking ‘‘AS- emption from the provisions of the Trust In- Improvement Act))’’ after ‘‘section SOCIATION’’; denture Act of 1939 provided to the Federal 1902(l)(1)’’. (B) by inserting ‘‘(a) IN GENERAL.—’’ after National Mortgage Association or the Fed- (c) PROHIBITION ON RECOVERY AGAINST ES- ‘‘SEC. 311.’’; eral Home Loan Mortgage Corporation. TATES OF INDIANS.—Section 1917(b)(1) (42 (C) in the second sentence, by inserting (d) REGULATIONS.—The Securities and Ex- U.S.C. 1396p(b)(1)) is amended, in the matter ‘‘by the Association’’ after ‘‘issued’’; and change Commission may issue such regula- preceding subparagraph (A), by inserting ‘‘ (D) by adding at the end the following: tions as may be necessary or appropriate to who is not an Indian (as defined in section 4 ‘‘(b) TREATMENT OF CORPORATION SECURI- carry out this section and the amendments of the Indian Health Care Improvement TIES.— made by this section. Act)’’ after ‘‘an individual’’ the second place ‘‘(1) IN GENERAL.—Any stock, obligations, it appears. (e) EFFECTIVE DATE.—The amendments securities, participations, or other instru- (d) REQUIREMENT FOR CONSULTATION WITH made by this section shall become effective 1 ments issued or guaranteed by the corpora- INDIAN TRIBES PRIOR TO APPROVAL OF SEC- year after the date of enactment of this Act. tion pursuant to this title shall not be ex- TION 1115 WAIVERS.—Section 1115 (42 U.S.C. empt securities for purposes of the Securities 1315) is amended by adding at the end the fol- Act of 1933. SA 2392. Mr. GREGG proposed an lowing: ‘‘(2) EXEMPTION FOR APPROVED SELLERS.— amendment to the bill S. 1932, to pro- ‘‘(g) In the case of an application for a Notwithstanding any other provision of this waiver of compliance with the requirements title or the Securities Act of 1933, trans- vide for reconciliation pursuant to sec- of section 1902 (or a renewal or extension of actions involving the initial disposition by tion 202(a) of the concurrent resolution such a waiver) that is likely to affect mem- an approved seller of pooled certificates that on the budget for fiscal year 2006 (H. bers of an Indian tribe (as defined in section are acquired by that seller from the corpora- Con. Res. 95); as follows: 4 of the Indian Health Care Improvement tion upon the initial issuance of the pooled Act) or a tribal health program (whether op- On page 41 of the bill, strike lines 3 certificates shall be deemed to be trans- erated by an Indian tribe or a tribal organi- through 11. actions by a person other than an issuer, un- zation (as so defined) serving such members, derwriter, or dealer for purposes of the Secu- the Secretary shall, prior to granting such a rities Act of 1933. SA 2393. Mr. LAUTENBERG sub- waiver under subsection (a) or renewing or ‘‘(3) DEFINITIONS.—For purposes of this submitted an amendment intended to be extending such a waiver under subsection (e), section, the following definitions shall apply: proposed by him to the bill S. 1932, to consult with each such Indian tribe.’’. ‘‘(A) APPROVED SELLER.—The term ‘ap- (e) EFFECTIVE DATE.—Except as provided in proved seller’ means an institution approved provide for reconciliation pursuant to section 6026(e), the amendments made by by the corporation to sell mortgage loans to section 202(a) of the concurrent resolu- this section shall apply to items or services the corporation in exchange for pooled cer- tion on the budget for fiscal year 2006 furnished on or after October 1, 2006. tificates. (H. Con. Res. 95); which was ordered to SEC. 6082. INCREASED AFFORDABILITY OF INPA- ‘‘(B) POOLED CERTIFICATES.—The term lie on the table; as follows: TIENT DRUGS FOR MEDICAID AND ‘pooled certificates’ means single class mort- SAFETY NET HOSPITALS. gage-backed securities guaranteed by the On page 1, lines 4 and 5, strike ‘‘Deficit Re- (a) EXTENSION OF DISCOUNTS TO INPATIENT corporation that have been issued by the cor- duction Omnibus Reconciliation Act of 2005’’ DRUGS.— poration directly to the approved seller in and insert ‘‘Moral Disaster of Monumental (1) IN GENERAL.—Section 340B(b) of the exchange for the mortgage loans underlying Proportion Reconciliation Act’’. Public Health Service Act (42 U.S.C. 256b(b)) such mortgage-backed securities. is amended by inserting before the period the ‘‘(4) MORTGAGE RELATED SECURITIES.—A SA 2394. Mr. BINGAMAN submitted following: ‘‘, except that, notwithstanding single class mortgage-backed security guar- the limiting definition set forth in section anteed by the corporation that has been an amendment intended to be proposed 1927(k)(3) of the Social Security Act, the issued by the corporation directly to the ap- by him to the bill S. 1932, to provide for terms ‘covered outpatient drug’ and ‘covered proved seller in exchange for the mortgage reconciliation pursuant to section drug’ include any inpatient or outpatient loans underlying such mortgage-backed se- 202(a) of the concurrent resolution on drug purchased by a hospital described in curities or directly by the corporation for the budget for fiscal year 2006 (H. Con. subsection (a)(4)(L)’’. cash shall be deemed to be a mortgage re- Res. 95); which was ordered to lie on (2) PAYMENT OF MEDICAID REBATES ON INPA- lated security, as defined in section 3(a) of the table; as follows: TIENT DRUGS.—Section 340B(c) of such Act (42 the Securities Exchange Act of 1934.’’. U.S.C. 256b(c)) is amended to read as follows: (b) FREDDIE MAC.—Section 306(g) of the On page 256, between lines 21 and 22, insert ‘‘(c) PAYMENT OF MEDICAID REBATES ON IN- Federal Home Loan Mortgage Corporation the following: PATIENT DRUGS.—

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.120 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12277

‘‘(1) IN GENERAL.—For the cost reporting sistance for purposes of section 1903(a)(1) of amended by section 6105, is amended, in the period covered by the most recently filed the Social Security Act.’’. matter preceding clause (i), by striking ‘‘and Medicare cost report, a hospital described in (3) CLARIFICATION THAT GROUP PURCHASING (7)’’ and inserting ‘‘, (7), and (8)’’. subsection (a)(4)(L) shall provide to each PROHIBITION FOR CERTAIN HOSPITALS IS NOT (3) NOT TREATED AS CHANGE IN LAW AND State with an approved State plan under APPLICABLE TO INPATIENT DRUGS.—Section REGULATION IN SUSTAINABLE GROWTH RATE DE- title XIX of such Act— 340B(a)(4)(L)(iii) of such Act (42 U.S.C. TERMINATION.—The amendments made by ‘‘(A) a rebate on the estimated annual 256b(a)(4)(L)(iii)) is amended by inserting this subsection shall not be treated as a costs of single source and innovator multiple ‘‘(not including such drugs purchased for in- change in law for purposes of applying sec- source drugs provided to Medicaid recipients patient use)’’ after ‘‘covered outpatient tion 1848(f)(2)(D) of the Social Security Act for inpatient use; and drugs’’. (42 U.S.C. 1395w–4(f)(2)(D)). ‘‘(B) a rebate on the estimated annual (b) PROVIDING ACCESS TO DISCOUNTED DRUG (b) OFFSETS.— costs of noninnovator multiple source drugs PRICES FOR CRITICAL ACCESS HOSPITALS.— (1) CARVE-OUT OF THE INDIRECT COSTS OF provided to Medicaid recipients for inpatient (1) IN GENERAL.—Section 340B of the Public MEDICAL EDUCATION AND DISPROPORTIONATE use. Health Service Act (42 U.S.C. 256b) is amend- SHARE PAYMENTS FROM THE ADJUSTED AVER- ‘‘(2) CALCULATIONS OF REBATES.— ed— AGE PER CAPITA COST FOR PURPOSES OF CALCU- ‘‘(A) SINGLE SOURCE AND INNOVATOR MUL- (A) in subsection (a)(4), by adding at the LATING THE ANNUAL MEDICARE ADVANTAGE TIPLE SOURCE DRUGS.—For purposes of para- end the following: CAPITATION RATE.—Section 1853(c)(1)(D)(i) (42 graph (1)(A)— ‘‘(M) An entity that— U.S.C. 1395w–23(c)(1)(D)(i)) is amended by in- ‘‘(i) the rebate under such paragraph shall ‘‘(i) is a critical access hospital (as deter- serting ‘‘and (beginning with 2007) subpara- be calculated by multiplying the estimated mined under section 1820(c)(2) of the Social graphs (B) and (F) of section 1886(d)(5)’’ be- annual costs of single source and innovator Security Act); and fore the period at the end. multiple source drugs provided to Medicaid ‘‘(ii) does not obtain covered outpatient (2) ELIMINATION OF ADD-ON PAYMENT UNDER recipients for inpatient use by the minimum drugs though a group purchasing organiza- PHASE-OUT OF RISK ADJUSTMENT BUDGET NEU- rebate percentage described in section tion or other group purchasing arrangement TRALITY UNDER MEDICARE ADVANTAGE PRO- 1927(c)(1)(B) of the Social Security Act; (not including such drugs purchased for inpa- GRAM.—Section 1853(k), as added by section ‘‘(ii) the estimated annual costs of single tient use).’’; 6111(a) of this Act, is amended— source drugs and innovator multiple source (B) in subsection (b), as amended by sec- (A) in paragraph (1), in the matter pre- drugs provided to Medicaid recipients for in- tion 2(a), by inserting ‘‘or subsection ceding subparagraph (A), by striking ‘‘sub- patient use under clause (i) shall be equal to (a)(4)(M)’’ after ‘‘subsection (a)(4)(L)’’; and ject to paragraph (2),’’; the product of— (C) in subsection (c)(1), as added by insert- (B) by striking paragraph (2); ‘‘(I) the hospital’s actual acquisition costs ing ‘‘or subsection (a)(4)(M)’’ after ‘‘sub- (C) by redesignating paragraph (3) as para- of all drugs purchased during the cost report- section (a)(4)(L)’’. graph (2); and ing period for inpatient use; (2) EXCLUSION FROM MEDICAID BEST PRICE (D) in paragraph (2)(A), as so redesignated, ‘‘(II) the Medicaid inpatient drug charges CALCULATIONS.—Section 1927(c)(1)(C)(i)(I) (42 by striking ‘‘Except for the adjustment pro- as reported on the hospital’s most recently U.S.C. 1396r–8(c)(1)(C)(i)(I)) is amended by in- vided for in paragraph (2), the’’ and inserting filed Medicare cost report divided by total serting ‘‘and to critical access hospitals de- ‘‘The’’. inpatient drug charges reported on the cost scribed in section 340B(a)(4)(M) of such Act’’ report; and after ‘‘Public Health Service Act’’. SA 2396. Mr. REED (for himself, Mr. ‘‘(III) the percent of the hospital’s annual (3) EFFECTIVE DATE.—The amendments DODD, and Mr. CORZINE) submitted an inpatient drug costs described in subclause made by this section shall apply to drugs amendment intended to be proposed by (I) arising out of the purchase of single purchased on or after January 1, 2006. him to the bill S. 1932, to provide for source and innovator multiple source drugs; (c) ALLOWING QUALIFYING CHILDREN’S HOS- reconciliation pursuant to section PITALS TO PARTICIPATE IN THE 340B DRUG DIS- and 202(a) of the concurrent resolution on COUNT PROGRAM.— ‘‘(iii) the terms ‘single source drug’ and the budget for fiscal year 2006 (H. Con. ‘innovator multiple source drug’ have the (1) IN GENERAL.—Section 340B(a)(4)(L) of meanings given such terms in section the Public Health Service Act (42 U.S.C. Res. 95); which was ordered to lie on 1927(k)(7) of the Social Security Act. 256b(a)(4)(L)) is amended— the table; as follows: ‘‘(B) NONINNOVATOR MULTIPLE SOURCE (A) by inserting after ‘‘A subsection (d) On page 86, strike line 22 and all that fol- DRUGS.—For purposes of subparagraph (1) hospital (as defined in section 1886(d)(1)(B) of lows through page 90, line 19. (B)— the Social Security Act)’’ the following: ‘‘or ‘‘(i) the rebate under such paragraph shall a children’s hospital described in section SA 2397. Mr. SUNUNU submitted an be calculated by multiplying the estimated 1886(d)(1)(B)(iii) of such Act’’; and amendment intended to be proposed by annual costs of noninnovator multiple (B) in clause (ii), by inserting ‘‘or, in the him to the bill S. 1932, to provide for source drugs provided to Medicaid recipients case of such a children’s hospital, as would be determined under such section if the hos- reconciliation pursuant to section for inpatient use by the applicable percent- 202(a) of the concurrent resolution on age as defined in section 1927(c)(3)(B) of the pital were such a subsection (d) hospital’’ Social Security Act; after ‘‘section 1886(d)(5)(F) of the Social Se- the budget for fiscal year 2006 (H. Con. ‘‘(ii) the estimated annual costs of non- curity Act’’. Res. 95); which was ordered to lie on innovator multiple source drugs provided to (2) EFFECTIVE DATE.—The amendments the table; as follows: Medicaid recipients for inpatient use shall be made by subsection (a) shall apply to drugs Beginning on page 175, strike line 23 and equal to the product of— purchased on or after the date of the enact- all that follows through page 181, line 4, and ‘‘(I) the hospital’s actual acquisition cost ment of this Act. insert the following: of all drugs purchased during the cost report- (a) EMERGENCY HEALTH CARE RELIEF FOR ing period for inpatient use; SA 2395. Mr. BINGAMAN submitted EVACUEES OF HURRICANE KATRINA.— ‘‘(II) the Medicaid inpatient drug charges an amendment intended to be proposed (1) DEFINITIONS.—In this subsection: as reported on the hospital’s most recently by him to the bill S. 1932, to provide for (A) AFFECTED STATE.—The term ‘‘affected filed Medicare cost report divided by total reconciliation pursuant to section State’’ means Louisiana, Alabama, or Mis- inpatient drug charges reported on the cost 202(a) of the concurrent resolution on sissippi. report; and the budget for fiscal year 2006 (H. Con. (B) DISASTER PARISHES AND COUNTIES.—The ‘‘(III) the percent of the hospital’s annual Res. 95); which was ordered to lie on term ‘‘Disaster parishes and counties’’ inpatient drug costs described in subclause means a parish in the State of Louisiana, or (I) arising out of the purchase of noninno- the table; as follows: a county in the State of Mississippi or Ala- vator multiple source drugs; and On page 368, between lines 5 and 6, insert bama, for which a major disaster has been ‘‘(iii) the term ‘noninnovator multiple the following: declared in accordance with section 401 of source drug’ has the meaning given such SEC. 6116. MINIMUM UPDATE FOR PHYSICIANS’ the Robert T. Stafford Disaster Relief and term in section 1927(k)(7) of the Social Secu- SERVICES FOR 2007. Emergency Assistance Act (42 U.S.C. 5170) as rity Act. (a) MINIMUM UPDATE FOR 2007.— a result of Hurricane Katrina and which the ‘‘(3) PAYMENT DEADLINE.—The rebates pro- (1) IN GENERAL.—Section 1848(d) (42 U.S.C. President has determined, before September vided by a hospital under paragraph (1) shall 1395w–4(d)), as amended by section 6105, is 14, 2005, warrants individual and public as- be paid within 90 days of the filing of the amended by adding at the end the following sistance from the Federal Government under hospital’s most recently filed Medicare cost new paragraph: such Act. report. ‘‘(8) UPDATE FOR 2007.—The update to the (C) EVACUEES OF HURRICANE KATRINA.—The ‘‘(4) OFFSET AGAINST MEDICAL ASSISTANCE.— single conversion factor established in para- term ‘‘Evacuees of Hurricane Katrina’’ Amounts received by a State under this sub- graph (1)(C) for 2007 shall be not less than 2.5 means individuals who had a primary resi- section in any quarter shall be considered to percent.’’. dence in a Disaster parish or county for the be a reduction in the amount expended under (2) CONFORMING AMENDMENT.—Section 30-day period immediately prior to August the State plan in the quarter for medical as- 1848(d)(4)(B) (42 U.S.C. 1395w–4(d)(4)(B)), as 24, 2005.

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(D) STATE MEDICAID PLAN.—The term (B) PREFERENCE.—In awarding grants defined in section 1905(b) of the Social Secu- ‘‘State Medicaid plan’’ means a State plan under this paragraph, the Secretary shall rity Act (42 U.S.C. 1396d(b)). for medical assistance under title XIX of the give preference to health centers that are lo- (B) STATE.—The term ‘‘State’’ has the Social Security Act (42 U.S.C. 1396 et seq.), cated in Disaster Parishes and Counties or meaning given such term for purposes of including any medical assistance provided which are serving a high percentage of Evac- title XIX of the Social Security Act (42 under a waiver of such plan. uees of Hurricane Katrina, as determined by U.S.C. 1396 et seq.). (2) AUTHORITY TO ADJUST FEDERAL MATCH- the Secretary. (4) REPEAL.—Effective as of October 1, 2006, ING PAYMENTS FOR AFFECTED STATES.— (5) FUNDING.— this subsection is repealed and shall not (A) ADJUSTMENT RELATED TO AFFECTED (A) IN GENERAL.—Not later than 10 days apply to any fiscal year after fiscal year 2006. STATES.—Notwithstanding section 1905(b) of after the date of enactment of this Act, the (b) DECREASE IN ADD-ON PAYMENT UNDER the Social Security Act (42 U.S.C. 1396d(b)), Secretary of Homeland Security shall trans- PHASE-OUT OF RISK ADJUSTMENT BUDGET during the period beginning on August 24, fer from amounts provided to the Depart- NEUTRALITY UUNDER MEDICARE ADVANTAGE 2005, and ending on June 30, 2006, the Sec- ment of Homeland Security under the Sec- PROGRAM.—Subparagraph (C) of section retary may increase the Federal matching ond Emergency Supplemental Appropria- 1853(k)(2), as added by section 6111(a) of this percentage otherwise applicable to an af- tions Act to Meet Immediate Needs Arising Act, is amended to read as follows: fected State under section 1903(a) of such Act from the Consequences of Hurricane Katrina, ‘‘(C) APPLICABLE PERCENT.—For purposes of (42 U.S.C. 1396b(a)) in order for such State to 2005 (Public Law 109-62, 119 Stat 1990, 1991) subparagraph (A)(ii), the term ‘applicable fund medical assistance consisting of medi- and designated ‘‘Disaster Relief’’ to the Sec- percent’ means— cally necessary health care services and sup- retary of Health and Human Services— ‘‘(i) for 2007, 55 percent; plies, and associated administrative costs, (i) the amount the Secretary of Health and ‘‘(ii) for 2008, 25 percent; for Evacuees of Hurricane Katrina present in Human Services determines is necessary for ‘‘(iii) for 2009, 15 percent; and the State who are determined eligible for the purpose of carrying out paragraph (2); ‘‘(iv) for 2010, 0 percent.’’. temporary Medicaid eligibility status under and a Hurricane Katrina Multistate demonstra- (ii) an amount, not to exceed $800,000,000, SA 2399. Mr. BINGAMAN submitted tion waiver approved by the Secretary under the Secretary of Health and Human Services an amendment intended to be proposed section 1115 of the Social Security Act (42 determines is necessary for the purpose of by him to the bill S. 1932, to provide for U.S.C. 1315). carrying out paragraphs (3) and (4). reconciliation pursuant to section (B) AVAILABILITY OF FUNDS.—Funds pro- (B) ADJUSTMENTS FOR AFFECTED STATE FOR 202(a) of the concurrent resolution on OBLIGATIONS FOR CARE PROVIDED TO EVACUEES vided under subparagraph (A)(ii) for purposes of carrying out paragraphs (3) and (4) shall the budget for fiscal year 2006 (H. Con. OF HURRICANE KATRINA BY OTHER STATES.— Res. 95); which was ordered to lie on Notwithstanding section 1905(b) of the Social remain available for use by the Secretary Security Act (42 U.S.C. 1396d(b)), during the until October 1, 2006, after which time, the the table; as follows: period beginning on August 24, 2005, and end- unexpended balance, if any, shall revert to On page 181, strike lines 4 through 15 and ing on June 30, 2006, if any affected State in- the Federal Treasury. insert the following: (b) FMAP ADJUSTMENT.—Notwithstanding curs an obligation for the State share of (c) FMAP ADJUSTMENT.—Notwithstanding the first medical assistance for medically necessary the first sentence of section 1905(b) of the So- services or supplies, and associated adminis- Mr. BINGAMAN submitted cial Security Act (42 U.S.C. 1396d(b)), if, for SA 2398. purposes of titles XIX and XXI of the Social trative costs, provided for Evacuees of Hurri- an amendment intended to be proposed cane Katrina who are determined eligible for Security Act (42 U.S.C. 1396 et seq., 1397aa et temporary Medicaid eligibility status under by him to the bill S. 1932, to provide for seq.), the Federal medical assistance per- a Hurricane Katrina Multistate demonstra- reconciliation pursuant to section centage determined for a State for fiscal tion waiver approved under section 1115 of 202(a) of the concurrent resolution on year 2006 is less than the Federal medical as- such Act for the affected State or another the budget for fiscal year 2006 (H. Con. sistance percentage determined for the State State, the Secretary may increase the Fed- Res. 95); which was ordered to lie on for fiscal year 2005, the Federal medical as- eral matching percentage otherwise applica- the table; as follows: sistance percentage determined for the State ble under section 1903(a) of such Act (42 On page 188, after line 24, add the fol- for fiscal year 2005 shall be substituted for U.S.C. 1396b(a)) to relieve such affected State lowing: the Federal medical assistance percentage otherwise determined for the State for fiscal from such obligation. SEC. 6037. LIMITATION ON SEVERE REDUCTION (3) UNCOMPENSATED CARE POOLS.—In the IN THE MEDICAID FMAP FOR FISCAL year 2006. case of States with approved Hurricane YEAR 2006. (d) DECREASE IN ADD-ON PAYMENT UNDER Katrina Multistate demonstration waivers (a) LIMITATION ON REDUCTION.— PHASE-OUT OF RISK ADJUSTMENT BUDGET under section 1115 of the Social Security Act (1) IN GENERAL.—In no case shall the FMAP NEUTRALITY UNDER MEDICARE ADVANTAGE (42 U.S.C. 1315) that fund uncompensated for a State for fiscal year 2006 be less than PROGRAM.—Subparagraph (C) of section health care, and associated administrative the greater of the following: 1853(k)(2), as added by section 6111(a) of this costs for Evacuees of Hurricane Katrina, the (A) 2005 FMAP DECREASED BY THE APPLICA- Act, is amended to read as follows: Secretary may provide reimbursement to BLE PERCENTAGE POINTS.—The FMAP deter- ‘‘(C) APPLICABLE PERCENT.—For purposes of such States for costs incurred during the pe- mined for the State for fiscal year 2005, de- subparagraph (A)(ii), the term ‘applicable riod beginning on August 24, 2005, and ending creased by— percent’ means— on January 31, 2006, for— (i) 0.1 percentage points in the case of ‘‘(i) for 2007, 55 percent; (A) the cost of medically necessary health Delaware and Michigan; ‘‘(ii) for 2008, 15 percent; care services or supplies, and associated ad- (ii) 0.3 percentage points in the case of ‘‘(iii) for 2009, 0 percent; and ministrative costs provided for such Evac- Kentucky; and ‘‘(iv) for 2010, 0 percent.’’. uees— (iii) 0.5 percentage points in the case of any (i) who do not have health insurance cov- other State. SA 2400. Ms. CANTWELL submitted erage; or (B) COMPUTATION WITHOUT RETROACTIVE AP- an amendment intended to be proposed (ii) who have been determined eligible for PLICATION OF REBENCHMARKED PER CAPITA IN- by her to the bill S. 1932, to provide for temporary Medicaid eligibility status under COME.—The FMAP that would have been de- reconciliation pursuant to section such a waiver but who receive medically nec- termined for the State for fiscal year 2006 if 202(a) of the concurrent resolution on essary services or supplies that are not cov- the per capita incomes for 2001 and 2002 that the budget for fiscal year 2006 (H. Con. ered by the State Medicaid plan of the State was used to determine the FMAP for the in which such determination has been made; State for fiscal year 2005 were used. Res. 95); which was ordered to lie on and (2) SCOPE OF APPLICATION.—The FMAP ap- the table; as follows: (B) monthly premium payments made di- plicable to a State for fiscal year 2006 after On page 101, strike lines 12 through 19 and rectly to private health insurers on behalf of the application of paragraph (1) shall apply insert the following: such Evacuees that have private health in- only for purposes of titles XIX and XXI of (d) RECEIPTS.— surance coverage but are in need of financial the Social Security Act (including for pur- (1) IN GENERAL.—Notwithstanding any assistance for the payment of such pre- poses of making disproportionate share hos- other provision of law, of the amount of ad- miums. pital payments described in section 1923 of justed bonus, rental, and royalty receipts de- (4) COMMUNITY HEALTH CENTER GRANTS.— such Act (42 U.S.C. 1396r–4) and payments rived from oil and gas leasing and operations (A) IN GENERAL.—The Secretary may pro- under such titles that are based on the en- authorized under this section— vide grants to existing health centers (with- hanced FMAP described in section 2105(b) of (A) 50 percent shall be paid to the State of in the meaning of section 330(a)(1) of the such Act (42 U.S.C. 1397ee(b))) and shall not Alaska; and Public Health Service Act (42 U.S.C. apply with respect to payments under title (B) the balance shall be deposited into the 254b(a)(1)) located in Alabama, Arkansas, IV of such Act (42 U.S.C. 601 et seq.). Treasury as miscellaneous receipts. Georgia, Louisiana, Mississippi, and Texas (3) DEFINITIONS.—In this subsection: (2) JUDICIAL REVIEW.— for health care services provided to Evacuees (A) FMAP.—The term ‘‘FMAP’’ means the (A) IN GENERAL.—Any civil action brought of Hurricane Katrina. Federal medical assistance percentage, as by the State of Alaska to compel an increase

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.122 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12279 in the percentage of revenues to be paid mittee on Foreign Relations be author- concerning certain lands conveyed by under paragraph (1) shall be filed not later ized to meet during the session of the the United States to Eastern Wash- than 90 days after the date of enactment of Senate on Wednesday, November 2, ington University until December 31, this Act. 2005, at 3 p.m. to hold a hearing on 2009; H.R. 482, to provide for a land ex- (B) LIMITATION.— (i) IN GENERAL.—If a civil action is filed by U.S.-India Nuclear Energy Coopera- change involving Federal lands in the the State of Alaska under subparagraph (A), tion. Lincoln National Forest in the State of until such time as a final nonappealable The PRESIDING OFFICER. Without New Mexico; and S. 405, a bill to pro- order is issued with respect to the civil ac- objection, it is so ordered. vide for the conveyance of certain pub- tion and notwithstanding any other provi- COMMITTEE ON HOMELAND SECURITY AND lic land in Clark County, Nevada, for sion of law— GOVERNMENTAL AFFAIRS use as a heliport. (I) production of oil and gas from the Arc- Mr. SUNUNU. Mr. President, I ask The PRESIDING OFFICER. Without tic National Wildlife Refuge is prohibited; objection, it is so ordered. (II) no action shall be taken to establish or unanimous consent that the Com- implement the competitive oil and gas leas- mittee on Homeland Security and Gov- f ing program authorized under this title; and ernmental Affairs be authorized to (III) no leasing or other development lead- meet on Wednesday, November 2, 2005, PRIVILEGES OF THE FLOOR ing to the production of oil or gas from the at 9:30 a.m. for a hearing entitled, Mr. LIEBERMAN. Mr. President, I Arctic National Wildlife Refuge shall be un- ‘‘Hurricane Katrina: Why Did the Lev- ask unanimous consent that Senator dertaken. ees Fail?’’ JEFFORDS’ staff member, Brian Keefe, (ii) FINAL ORDER.—If the court issues a The PRESIDING OFFICER. Without final nonappealable order with respect to a be granted floor privileges during the civil action filed under subparagraph (A) objection, it is so ordered. debate on the Cantwell Arctic Refuge that increases the percentage of revenues to COMMITTEE ON INDIAN AFFAIRS amendment. be paid to the State of Alaska— Mr. SUNUNU. Mr. President, I ask I thank the Chair and yield the floor. (I) production of oil and gas from the Arc- unanimous consent that the Com- Mr. GRASSLEY. Madam President, I tic National Wildlife Refuge is prohibited; mittee on Indian Affairs be authorized ask unanimous consent that the fol- and to meet on Wednesday, November 2, lowing Senate Finance Committee in- (II) no leasing or other development lead- terns and fellows be granted the privi- ing to the production of oil or gas from the 2005, at 9:30 a.m. in Room 216 of the Arctic National Wildlife Refuge shall be un- Hart Senate Office Building to conduct leges of the floor during consideration dertaken. an oversight hearing on the In Re Trib- of the Deficit Reduction Omnibus Rec- al Lobbying Matters, Et Al. onciliation Act of 2005: Brad Behan, SA 2401. Mr. KENNEDY submitted an The PRESIDING OFFICER. Without Melissa Atkinson, and Catriona John- amendment intended to be proposed by objection, it is so ordered. son. him to the bill S. 1932, to provide for SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. Without reconciliation pursuant to section Mr. SUNUNU. Mr. President, I ask objection, it is so ordered. 202(a) of the concurrent resolution on unanimous consent that the Select Mr. HARKIN. Mr. President, I ask the budget for fiscal year 2006 (H. Con. Committee on Intelligence be author- unanimous consent that Matt Ryno of Res. 95); which was ordered to lie on ized to meeting during the session of my staff be granted floor privileges for the table; as follows: the Senate on Wednesday, November 2, the duration of today’s session. On page 741, strike lines 1 and 2 and insert 2005, at 2:30 p.m. to hold a closed hear- The PRESIDING OFFICER. Without the following: ing. objection, it is so ordered. (5) in paragraph (7), as redesignated by Mr. SMITH. Mr. President, I ask paragraph (1), by striking ‘‘Act; and’’ and in- The PRESIDING OFFICER. Without serting ‘‘Act, and means a nonprofit private objection, it is so ordered. unanimous consent that Paul Ross of my staff be given floor privileges. educational institution in the Middle East SUBCOMMITTEE ON THE CONSTITUTION, CIVIL that meets the provisions of paragraphs (1), RIGHTS, AND PROPERTY RIGHTS The PRESIDING OFFICER. Without (3), (4), and (5) of section 101(a) as of the date Mr. SUNUNU. Mr. President, I ask objection, it is so ordered. of enactment of the Higher Education unanimous consent that the Sub- f Amendments of 2005;’’; committee on the Constitution, Civil EXPRESSING THE SENSE OF THE f Rights and Property Rights be author- SENATE ON THE ARREST OF AUTHORITIES FOR COMMITTEES ized to meet to conduct a markup on SANJAR UMAROV IN TO MEET Wednesday, November 2, 2005, at 2:30 UZBEKISTAN COMMITTEE ON COMMERCE, SCIENCE AND p.m. in Dirksen 226. Mr. BENNETT. Mr. President, I ask TRANSPORTATION Agenda: Mr. SUNUNU. Mr. President: I ask unanimous consent that the Senate unanimous consent that the Com- S.J. Res. 1, the Marriage Protection now proceed to the consideration of S. mittee on Commerce, Science, and Amendment. Res. 295, which was submitted earlier Transportation be authorized to meet The PRESIDING OFFICER. Without today. on Wednesday, November 2, 2005, at 2:30 objection, it is so ordered. The PRESIDING OFFICER. The p.m., in SH–216, on pending Committee SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS clerk will report the resolution by business. Mr. SUNUNU. Mr. President, I ask title. The PRESIDING OFFICER. Without unanimous consent the Subcommittee The assistant legislative clerk read objection, it is so ordered. on Public Lands and Forests be author- as follows: COMMITTEE ON ENVIRONMENT AND PUBLIC ized to meet during the session of the A resolution (S. Res. 295) expressing the WORKS Senate on Wednesday, November 2 at 2 sense of the Senate on the arrest of Sanjar Mr. SUNUNU. Mr. President, I ask p.m. The purpose of the hearing is to Umarov in Uzbekistan. unanimous consent that the Com- receive testimony on S. 1541, to pro- There being no objection, the Senate mittee on Environment and Public tect, conserve, and restore public lands proceeded to consider the resolution. Works be authorized to meet on administered by the Department of the Mr. BENNETT. Mr. President, I ask Wednesday, November 2 at 9:30 a.m. Interior or the Forest Service and adja- unanimous consent that the resolution The Committee on Environment and cent land through cooperative cost- be agreed to, the preamble be agreed Public Works will hold the second in a share grants to control and mitigate to, and the motion to reconsider be laid series of two hearings to receive testi- the spread of invasive species, and for upon the table. mony on the response to Hurricane other purposes; S. 1548, to provide for The PRESIDING OFFICER. Without Katrina. the conveyance of certain forest serv- objection, it is so ordered. The PRESIDING OFFICER. Without ice land to the city of Coffman Cove, The resolution (S. Res. 295) was objection, it is so ordered. Alaska; S. 1552, to amend public law 97– agreed to. COMMITTEE ON FOREIGN RELATIONS 435 to extend the authorization for the The preamble was agreed to. Mr. SUNUNU. Mr. President, I ask Secretary of the Interior to release cer- The resolution, with its preamble, unanimous consent that the Com- tain conditions contained in a patent reads as follows:

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.123 S02NOPT1 S12280 CONGRESSIONAL RECORD — SENATE November 2, 2005 S. RES. 295 ate on the passing of Dr. Richard Errett The PRESIDING OFFICER. The Whereas the United States supports the de- Smalley. clerk will report the resolution by velopment of democracy, free markets, and There being no objection, the Senate title. civil society in Uzbekistan and in other proceeded to consider the resolution. The assistant legislative clerk read states in Central Asia; Mr. BENNETT. Mr. President, I ask as follows: Whereas the rule of law, the impartial ap- unanimous consent that the resolution plication of the law, and equal justice for all A resolution (S. Res. 297) marking the dedi- courts of law are pillars of all democratic so- be agreed to, the preamble be agreed cation of the Gaylord Nelson Wilderness cieties; to, and the motion to reconsider be laid within the Apostle Islands National Lake- Whereas Sanjar Umarov was reportedly ar- upon the table. shore. rested in Tashkent, Uzbekistan, on October The PRESIDING OFFICER. Without There being no objection, the Senate 22, 2005; objection, it is so ordered. proceeded to consider the resolution. Whereas Sanjar Umarov is a businessman The resolution (S. Res. 296) was Mr. FEINGOLD. Mr. President, ear- and leader of the Uzbek opposition party, agreed to. lier this fall, Senator KOHL and I intro- Sunshine Coalition; The preamble was agreed to. duced a resolution marking the dedica- Whereas Sanjar Umarov was reportedly The resolution, with its preamble, taken into custody on October 22, 2005, dur- tion of the Gaylord Nelson Wilderness ing a crackdown on the Sunshine Coalition reads as follows: Area within the Apostle Islands Na- that included a raid of its offices and seizure S. RES. 296 tional Lakeshore. Today, the same day of its records; Whereas Dr. Richard Errett Smalley the Senate will officially pay tribute to Whereas Sanjar Umarov was reportedly opened the field of nanotechnology with his Senator Nelson, we proudly reintro- charged with grand larceny; 1985 discovery of a new form of carbon mol- duced our resolution. Whereas press accounts report that rep- ecules called ‘‘buckyballs’’, and for this, in On December 8, 2004, approximately resentatives of Sanjar Umarov claim that 1996, the Royal Swedish Academy of Sciences 80 percent of the Apostle Islands Na- Mr. Umarov was drugged and abused while at awarded him the Nobel Prize in Chemistry tional Lakeshore in Wisconsin was des- his pretrial confinement center in Tashkent, along with Dr. Robert Curl and Sir Harold Uzbekistan, but such accounts could not be Kroto; ignated the Gaylord Nelson Wilderness. immediately confirmed, and official informa- Whereas the research and advocacy done Although we did not formally celebrate tion about the health, whereabouts, and by Dr. Smalley in support of the National the new wilderness area until August 8, treatment while in custody of Mr. Umarov Nanotechnology Initiative led to the devel- 2005, we have been delighting in the has thus far been unavailable; opment of a revolutionary area of science designation ever since December of last Whereas the United States has expressed that will improve materials and devices in year. its serious concern regarding the overall fields ranging from medicine to energy to The designation of the Gaylord Nel- state of human rights in Uzbekistan and is National defense; seeking to clarify the facts of this case; son Wilderness within the Apostle Is- Whereas the accomplishments of Dr. lands National Lakeshore on August 8, Whereas the European Union (EU) and the Smalley in the field of nanotechnology have Organization for Security and Cooperation in contributed greatly to the academic and re- 2005, was a tremendous occasion for Europe (OSCE) have expressed concern about search communities of Rice University, the both Wisconsin and the country. I was the arrest and possible abuse of Sanjar State of Texas, and the United States of deeply honored to participate in the Umarov; and America; ceremony marking the creation of the Whereas the Government of Uzbekistan is Whereas Dr. Smalley has been described as Gaylord Nelson Wilderness. I knew party to various treaty obligations, and in a ‘‘Moses’’ in the field of nanotechnology; Gaylord, and am proud to occupy his particular those under the International Whereas Dr. Smalley is credited with being Covenant on Civil and Political Rights, Senate seat. Like all of those in at- the ‘‘Father of Nanotechnology’’; tendance at the dedication ceremony, which obligate governments to provide for Whereas Dr. Smalley is considered by Neal due process in criminal cases: Now, there- Lane, a former Presidential science adviser, including Tia Nelson, Governor Doyle, fore, be it as ‘‘a real civic scientist, one who not only Congressman OBEY, local officials, trib- Resolved, That it is the sense of the Senate [did] great science, but [used] that knowl- al chairs, and many others, I was deep- that— edge and fame to do good, to benefit society, ly saddened that Gaylord wasn’t able (1) the law enforcement and judicial au- and to try and educate the public’’; thorities of Uzbekistan should ensure that to be sitting among us, having passed Whereas Dr. Smalley devoted his talent to Sanjar Umarov is accorded the full measure away on July 3, 2005. employ nanotechnology to solve the global of his rights under the Uzbekistan Constitu- However, I do believe that because energy problem, which he believed could ul- tion to defend himself against any and all the area, the magnificent Apostles, and timately solve other global problems such as charges that may be brought against him, in hunger and water shortages; the wilderness designation we were a fair and transparent process, so that indi- Whereas the dedication and devotion of Dr. celebrating were such a part of Gay- vidual justice may be done; Smalley to science led to his receipt of nu- lord, he was in fact there with us that (2) the Government of Uzbekistan should merous awards and honors, including the day, urging us to mark the achieve- observe its various treaty obligations, espe- Distinguished Public Service Medal from the cially those under the International Cov- ment and to continue his life’s work of United States Department of the Navy and enant on Civil and Political Rights, which building a national conservation ethic. the Lifetime Achievement Award from Small obligate governments to provide for due As we all know, while his record of Times Magazine; process in criminal cases; and achievements is long and impressive, it Whereas Dr. Smalley, along with Nobel (3) the Government of Uzbekistan should Laureate Michael Brown, was a founding co- is Senator Nelson’s passion and com- publicly clarify the charges against Sanjar chairman of the Texas Academy of Medicine, mitment to protecting our environ- Umarov, his current condition, and his Engineering, and Science, which was founded ment that will remain the centerpiece whereabouts. to further enhance research in Texas; and of his legacy. For this reason, Senator f Whereas the legacy of Dr. Smalley will KOHL and I have submitted a resolution HONORING THE LIFE OF AND EX- continue to grow as scientists build upon his to bring recognition to Gaylord’s un- PRESSING THE CONDOLENCES OF work and reap the benefits of his discoveries: wavering efforts on behalf of the envi- Now, therefore, be it ronment and to celebrate the dedica- THE SENATE ON THE PASSING Resolved, That the Senate honors the life OF DR. RICHARD ERRETT and accomplishments of Dr. Richard Errett tion of a wilderness area rightly named SMALLEY Smalley and expresses its condolences on his in his honor. Mr. BENNETT. Mr. President, I ask passing. Gaylord so believed in his responsi- unanimous consent that the Senate f bility to the environment that he started a revolution that has inspired now proceed to the consideration of S. MARKING THE DEDICATION OF Res. 296, which was submitted earlier millions of people from across the THE GAYLORD NELSON WILDER- globe. The day he created in 1970— today. NESS WITHIN THE APOSTLE IS- The PRESIDING OFFICER. The Earth Day—has become a cause for LANDS NATIONAL LAKESHORE clerk will report the resolution by celebration, education, and reflection title. Mr. BENNETT. Mr. President, I ask for all. Simply stated, Gaylord Nelson The assistant legislative clerk read unanimous consent that the Senate changed the consciousness of a nation, as follows: proceed to the immediate consider- and quite possibly the world. He was a A resolution (S. Res. 296) honoring the life ation of S. Res. 297, submitted early distinguished Governor and Senator, a of and expressing the condolences of the Sen- today. recipient of the Presidential Medal of

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.063 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12281 Freedom, and a personal hero of mine. So many people supported the cre- 2005, 36 days after the Honorable Gaylord Most importantly, he was the embodi- ation of the Lakeshore and the wilder- Nelson’s passing; and ment of the principle that one person ness area. The support has taken many Whereas the Honorable Gaylord Nelson can change the world. forms—all of which have added to the changed the consciousness of our Nation and August 8, 2005, marked the beginning embodied the principle that 1 person can success of our park and the wilderness change the world, and the creation of the of a new period for the Apostle Islands, designation. I am especially grateful Gaylord Nelson Wilderness is a small, but and I could not be more proud of this. for the families that have donated fitting, recognition of his efforts: Now, In 1998, Representative OBEY and I their properties, many of which are therefore, be it asked for a wilderness survey. Seven filled with childhood and other cher- Resolved, That the Senate— years later, we finally gathered to sa- ished family memories, for the better- (1) recognizes the Honorable Gaylord Nel- lute the awe-inspiring resource as well ment of the whole Apostle Islands and son’s environmental legacy; as the man who dedicated himself to now the Gaylord Nelson Wilderness. (2) celebrates the dedication of the Gaylord protecting our environment, particu- Nelson Wilderness within the Apostle Islands Future generations whom none of us National Lakeshore; and larly those places where we humans are will ever know will benefit deeply from but humble visitors—wilderness areas. (3) requests that the Secretary of the Sen- their commitment to one of Wiscon- ate transmit an enrolled copy of this resolu- Let us not forget, however, that before sin’s most treasured places. tion to the family of the Senator. we could talk about having a wilder- Every time I visit the Apostles and ness area within the Apostle Islands pieces of what are now the Gaylord f National Lakeshore, we had to have a Nelson Wilderness, I depart with a National Lakeshore. I am sure it will ORDERS FOR THURSDAY, sense of inner peace and clarity. A New NOVEMBER 3, 2005 come as no surprise that Gaylord was York Times journalist wrote about the essential in the effort to recognize the Apostle Islands National Lakeshore in Mr. BENNETT. Mr. President, I ask Apostle Islands as a national treasure. 1972, saying he encountered a ‘‘silence unanimous consent that when the Sen- The wild and primitive nature of the so intense you can hear it.’’ I believe ate completes its business today, it ad- Apostles and now the Gaylord Nelson that what all those who visit the Gay- journ until 9 a.m. on Thursday, Novem- Wilderness has always been an attrac- lord Nelson Wilderness are bound to ber 3; I further ask that following the tion, not only for Wisconsin residents hear through that ‘‘intense silence’’ is morning prayer and pledge, the morn- but for people from across the globe. At Gaylord himself calling them to ac- ing hour be deemed expired, the Jour- the Apostles you can find pristine old tion. nal of proceedings be approved to date, growth forests; wetlands that are home Mr. BENNETT. Mr. President, I ask the time for the two leaders be re- to an astounding ecological diversity; unanimous consent that the resolution served, and the Senate then proceed to birds that travel long distances and use be agreed to, the preamble be agreed a vote on adoption of the conference re- the islands for respite; and amphibians, to, and the motions to reconsider be port to accompany the Agriculture ap- which can act as indicators of the laid upon the table, and that any state- propriations bill; I further ask that park’s environmental health. ments relating thereto be printed in upon disposition of the conference re- It is a truly amazing place. the RECORD, without intervening ac- port, the Senate resume consideration And people know it. In fact, just re- of S. 1932, the deficit reduction bill. cently, the Apostles was rated the No. tion or debate. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without 1 National Park in the U.S. by Na- objection, it is so ordered. objection, it is so ordered. tional Geographic Traveler. The rating The resolution (S. Res. 297) was was based on a variety of factors, most f agreed to. notably environmental and ecological The preamble was agreed to. PROGRAM quality, social and cultural integrity, The resolution, with its preamble, and the outlook for the future. reads as follows: Mr. BENNETT. Mr. President, tomor- We have it all in the park—ecological row the Senate will complete action on S. RES. 297 and cultural resources intertwined S. 1932, the deficit reduction bill. There with one another. The history of the is- Whereas the Honorable Gaylord Nelson, a State Senator, Governor, and United States are currently 16 amendments in the lands is a history of people living off, Senator from Wisconsin, devoted his life to queue, and the first vote in the series and very much in balance with, the protecting the environment by championing will occur on the Agriculture appro- land and water surrounding them. A issues of land protection, wildlife habitat, priations conference report, as noted. visit to the Apostles and the Gaylord environmental health, and increased envi- We will begin voting shortly after 9 Nelson Wilderness can be, if we let go ronmental awareness, including founding a.m. tomorrow morning, and Senators of the trappings of modern society, an Earth Day; should plan on staying in and around enlightening voyage that challenges us Whereas the Honorable Gaylord Nelson au- the Chamber throughout the day to- thored the Apostle Islands National Lake- to think about those who came before morrow. We will have at least 17 back- us, those who will follow us, and the shore Act, which led to the protection of one of the most beautiful areas in Wisconsin and to-back votes. connections between us and the nat- recognized the rich assemblage of natural re- f ural resources we depend on for our sources, cultural heritage, and scenic fea- survival. tures on Wisconsin’s north coast and 21 is- ORDER FOR ADJOURNMENT The Ojibwae, who Wisconsinites lands of the 22-island archipelago; know were the original inhabitants of Whereas the Apostle Islands National Mr. BENNETT. If there is no further the Apostles, had great respect for the Lakeshore was designated a National Park business to come before the Senate, I resources. They believed in taking on September 26, 1970; ask unanimous consent the Senate something only if they were giving Whereas, on December 8, 2004, approxi- stand in adjournment under the pre- something in return. The Ojibwae peo- mately 80 percent of the Apostle Islands Na- vious order, following the time allo- ple understood their dependence on the tional Lakeshore was designated the Gaylord cated to the Senator from Oregon. Nelson Wilderness; The PRESIDING OFFICER. Without environment long before many others Whereas the Gaylord Nelson Wilderness began contemplating such a relation- within the Apostle Islands National Lake- objection, it is so ordered. ship. Unfortunately, as a society, we shore provides a refuge for many species of Mr. BENNETT. I suggest the absence have not always heeded their example. birds, including threatened bald eagles and of a quorum. We must be better stewards of our endangered piping plovers, herring-billed The PRESIDING OFFICER. The land, our air, and our water. Gaylord gulls, double-crested cormorants, and great clerk will call the roll. pushed us toward that goal every day blue herons, and is a safe haven for a variety The legislative clerk proceeded to of his life. And, what better way to of amphibians, such as blue-spotted salaman- call the roll. ders, red-backed salamanders, gray treefrogs, Mr. WYDEN. Mr. President, I ask mark the dedication of the Wilderness and mink frogs, and is a sanctuary for sev- Area named in his honor than for each eral mammals, including river otters, black unanimous consent that the order for of us to dedicate ourselves to actively bears, snowshoe hares, and fishers; the quorum call be rescinded. carrying his legacy forward. That is Whereas the official dedication of the Gay- The PRESIDING OFFICER. Without Gaylord’s challenge for all of us. lord Nelson Wilderness occurred on August 8, objection, it is so ordered.

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.071 S02NOPT1 S12282 CONGRESSIONAL RECORD — SENATE November 2, 2005 MEDICARE PRESCRIPTION DRUG country, beginning the first of the the prescription drug legislation. We BENEFIT year. In fact, what the Federal Govern- have the welts on our back to show for Mr. WYDEN. Mr. President, as all ment is doing is essentially turning on it, and even the night of the vote we Members of this body know, the Fed- its head the principle of smart shop- said we were going to come back and eral Government is about to begin one ping. What the Federal Government try to improve this, particularly to im- of the biggest expansions in Federal en- would be doing, unless the Congress prove it in a way that would make titlement programs in our country’s steps in, is pretty much like somebody sense for older people and for tax- history. In a few weeks, the senior citi- going to Costco and buying toilet paper payers. So we see our bipartisan zens of our country will be eligible for one roll at a time. The Federal Govern- amendment as an effort to follow up on a much-needed prescription drug ben- ment isn’t using its bargaining power the promise we made to our citizens efit, and I rise to talk about that pro- to hold down the cost of medicine. At a back home. gram tonight. time when prescriptions are one of the I thank Senator SNOWE, who is al- I am particularly troubled about the fastest growing forces in American ways trying to find common ground, fact that the Federal Government, in health care, that defies common sense. bipartisan common ground, which is, of launching this program, is not going to Some errors are known as errors of course, the only way you get important be a smart shopper. You would think, omission; others are known as errors of work done in the Senate. after Katrina, given the huge hem- commission. The fact that the Sec- I also want to say a special thanks to orrhaging in our Federal budget, this retary of Health and Human Services is Senator MCCAIN, who is constantly fo- would be a top priority for the Federal prohibited from using the power of cused on ways to expose waste, get budget, to shop smart, to squeeze every bulk buying to hold down the cost of more for the taxpayer dollar, and also possible bit of value out of the money medicine for seniors is, in my view, one Senator STABENOW of Michigan. Sen- that is being spent for critical proof the most outrageous errors of com- ator STABENOW has spent enormous grams, such as purchasing prescription mission in the history of health care amounts of time on a whole host of drugs for senior citizens. Unfortu- legislation. The Medicare prescription issues advocating for older people and nately, that is not the case. At a time drug statute didn’t forget to give the the cost of prescription drugs, and I am when the costs for this program have Secretary of Health and Human Serv- convinced that this issue would never escalated from about $400 billion to ices bargaining power to hold down the have gotten the visibility and the at- over $530 billion, with a 10-year esti- cost of medicine; the statute specifi- tention that it warrants were it not for mate for this benefit projected to cost cally told the Secretary he could not Senator STABENOW’s focus on it. over $720 billion, what is locked into have such authority to get a fair deal I also would like to say the same current law is an inability to get the for older people. So what we have at a about Senator FEINSTEIN. She and I best value for the purchase of those time when the cost of the program is agreed on the night of the vote that we medicines. going through the stratosphere, at a were going to join Senator SNOWE in a It is well understood all across the time when seniors are trying to decide bipartisan effort to get a fairer and country that anybody who goes shop- whether to sign up, is we have a stat- better deal for older people, and I ping in the private sector tries to get ute that denies the Secretary of Health thank her as well for all of her effort. the most for their dollar by stressing and Human Services the same market- Now, Mr. President, the Snowe- their bargaining power. Certainly, the place tool that any consumer has in Wyden legislation includes specific lan- senior citizens of this country have a our communities across the country— guage that prohibits price controls and whole lot of bargaining power. You the power to leverage bulk purchasing the setting of prices in America. This would think it would be the position of to get a better price. Federal law now is something I feel very strongly about, the Federal Government to try to take denies the Secretary of Health and and I know the Presiding Officer has a advantage of that bargaining power in Human Services what hundreds of great interest in encouraging innova- order to strike the best deal for older other Federal officials have—the power tion and research. I think we all under- people and taxpayers. Notice that I em- to get a better price for the taxpayer. stand what is going on in the pharma- phasize the words ‘‘bargaining The Congress did not tell the Army ceutical field. We are seeing break- power’’—not price controls, not rules they had to go out and buy one tent at throughs every single day, and one of set in Washington, DC, a one-size-fits- a time for our soldiers in Iraq. The the most important steps we can take all approach, nothing that would dis- Congress didn’t tell the Federal Emer- in the public policy arena is to foster courage innovation among pharma- gency Management Agency they had to innovation and research even in my ceutical companies, but simply bar- buy one mobile home at a time for hur- fair flat tax proposal that I introduced gaining power. Of course, that is what ricane victims. But unbelievably, Con- this week, and I know the Presiding Of- all the smart buyers do in the private gress told Medicare they have to go out ficer has great interest in tax reform, sector today. and buy one drug at a time as it relates keeping the research and development Take, for example, a big timber com- to other people. So Medicare can’t do tax break because it is important. So I pany in my part of the world. They rep- what any savvied shopper in our coun- don’t take a backseat to anybody in resent a lot of workers. They go out try does, which is use their leverage in terms of encouraging innovation and and bargain with pharmaceutical com- the marketplace to get lower prices. I research, and one of the key ways to panies, insurance companies, and oth- think it is outrageous to have this dou- promote innovation and research is to ers. They get the most for their dollar. ble standard that prohibits Medicare avoid price controls, the setting of The small company, on the other hand, from doing what all the other con- prices in Washington, DC, anything doesn’t have that kind of leverage and, sumers in America can do, and it is that would lead to policies that freeze to a great extent in this country, indi- time, in my view, to fix that. the Government’s ability to encourage viduals and small companies basically Tomorrow, the Senate will have a bi- innovation. end up subsidizing the big companies partisan opportunity to do just that. So what we have done in this par- and people with clout in the market- Senator SNOWE and I, along with Sen- ticular amendment is put in a statu- place. Again, nobody is talking about ator MCCAIN and Senator STABENOW tory restriction on price controls, on price controls. We are talking about ec- and a number of others, will offer an the setting of prices so that it is clear onomics 101. If you are buying in vol- amendment that will lift the out- to everyone in the Senate that all we ume, if you have the opportunity to rageous restriction on the Federal Gov- wish to do in our bipartisan effort is to use marketplace forces to get the most ernment’s ability to bargain, and under untie the hands of the Secretary of for your dollar, you try to do it. You our bipartisan amendment the Sec- Health and Human Services and put try to use the powerful forces of eco- retary of Health and Human Services Medicare in the position of being a nomics 101, which is the market power would have the authority to negotiate smart shopper. I cannot for the life of of bulk purchasing. for lower drug prices. me think why Medicare should not Unfortunately, that is not going to I particularly wish to thank Senator have the same power to negotiate what be done in the area of purchasing pre- SNOWE. She and I have worked on this other programs and governments have, scription drugs for older people in our a number of years. Both of us voted for that others in the private sector would

VerDate Aug 31 2005 05:36 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.140 S02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — SENATE S12283 have, and with our bipartisan legisla- of-pocket expenses, that alone would be lowing bargaining power. Let’s stop tion, Medicare would have that power. a reason why we would look to give this idea of forsaking our ability to be This is particularly important be- Medicare more bargaining power to a savvy shopper, and let us make sure cause savings from negotiations are hold down the cost of this program. that when Medicare goes out and tries only going to come about as it relates Seniors are going to have less in to make sure that the costs of this pro- to single-source drugs if this restric- their pocket to pay for prescription gram are held down, that it has the tion is lifted. Without it, it seems to drugs and to sign up for this program. tools it needs in its cost-containment me we will not have negotiations for But the legislation was carefully writ- arsenal to get the job done right and to these single-source drugs where there ten to make it tough on us and to in- make sure that the costs of this pro- isn’t the kind of competition and mar- crease the number of Senators we gram, for both taxpayers and seniors, ketplace forces. Many single-source would have to have to pass this legisla- are held down. drugs are particularly important for tion. We are going to need more than a Mr. President, I ask unanimous con- older people. We are talking about simple majority, and I think it is par- sent that Senators FEINSTEIN, DAYTON, drugs such as Lipator, Zocor, and ticularly unfortunate that at a time KOHL, and FEINGOLD be added as co- Prevacid. Lipator, for example, was at when seniors are going to see their sponsors of the legislation. the top of the list of drugs most often Part B premiums go up, that we are The PRESIDING OFFICER. Without taken by older people, and all of the not going to give them this oppor- objection, it is so ordered. drugs I mentioned were in the top 20 in tunity to seek some real savings in Mr. WYDEN. Mr. President, this bi- terms of drugs used by seniors. what they have to pay for prescription partisan measure will be voted on to- So when it comes to savings—and medicine. morrow. My sense is that because the this was noted by the Congressional I hope that Senators are going to be day will be very hectic, having to vote Budget Office in a letter to me and supportive of this legislation. I am sure on many amendments, that there will Senator SNOWE last year—it seems to when a Senator goes home and dis- not be much time for explanation of me that you especially need the power cusses prescription drugs, one of the this measure. Senator SNOWE, Senator to negotiate when you are talking first things that folks at home are STABENOW, and others who spent so about single-source drugs. Given the going to ask is: How are you going to much time on this issue are going to importance of Lipator in the market- keep the cost down? What are you want to speak. I will tell the Senate to- place, prevalence in terms of the older doing, Senator, to hold down the cost night this is one of the most important population, I hope that as Senators of medicine? The private sector is issues to come up in a long time. This look at this amendment, they will see doing it, other Government programs program will be one of the biggest, if the value of giving the Secretary the are doing it; what are you doing, Sen- not the biggest, expansions of Federal power to negotiate. It is particularly ator, to hold down the cost of medi- entitlement policy we have ever seen. critical when it relates to single-source cine? Why we wouldn’t want to go about this drugs. Tomorrow, the bipartisan group of right and make the Government a In my view, it is disappointing that Senators I mentioned—Senator SNOWE smart shopper, a savvy shopper, why the way the underlying legislation was leading our effort, myself, Senator we wouldn’t want to do that is beyond drafted, the fundamental base bill is MCCAIN, Senator STABENOW, and oth- me. going to require more than a simple ers—will be saying: Look, we have What we have is an error of commis- majority for us to prevail. Certainly, something that is going to provide an sion. What you saw is, in this legisla- there are a lot of special interests in opportunity for the Federal Govern- tion, very powerful special interests this town that do not want the Federal ment to be a smart shopper, to use its said we want a unique set of rules to Government to be a smart shopper. The marketplace clout, and to hold down apply to us: We shouldn’t have to nego- number of lobbyists that are working the cost of medicine when seniors are tiate, even though everybody else nego- against this legislation, which I will seeing an increase in their out-of-pock- tiates with the Government and the tell you I think is just about the most et expenses. private sector; give us a free ride; re- offensive restriction I have seen in The Congressional Budget Office esti- strict, as a matter of law, the ability of health policy, the number of lobbyists mates that there is going to be an 8.5- the Secretary of Health and Human working against our bipartisan amend- percent increase in the cost of this pro- Services to make sure that seniors and ment is just staggering. And make no gram, and the Government Account- taxpayers got a square deal. mistake about what the special inter- ability Office has shown that the prices That is not right. This is about com- ests who oppose our legislation want to for existing drugs are increasing two mon sense. This is about the Federal do. They would rather soak the tax- and three times the rate of inflation. Government being a smart shopper. payer and add to the budget deficit This is a prescription for a program This is about standing up for taxpayers than to have to negotiate with the Fed- that does not work. That is a failure, and seniors. eral Government like all other busi- and I will tell you I don’t want to fail I would like to wrap up tonight by nesses. They are basically saying: our country’s seniors. I voted for the reading a bit from the AARP letter of Look, we are special. Don’t require us prescription drug law. I want to make endorsement for the legislation. Mr. to have to go out and bargain. We it work. But I will tell you, I am very President, I am going to read briefly shouldn’t have to do what everybody troubled about the prospect that if from this letter, but I ask unanimous else does. steps are not taken to hold down the consent that the AARP letter endors- Everybody else in America who has costs of this program, there is a real ing the bipartisan measure to contain marketplace clout is allowed to use it. prospect that a great deal of money the cost of medicine be printed in the That is what markets are all about. will be spent on a relatively small RECORD. But because of the power of the special number of people because we will not There being no objection, the mate- interests, this restriction prohibits have the number of seniors signing up rial was ordered to be printed in the Medicare from using the kind of mar- that we need. RECORD, as follows: ketplace forces that everybody else We need to make this program work. AARP, uses, and it is not right. It is important. Prescription drugs are November 1, 2005. I am sure that seniors and their fami- a lifeline. Affordable prescription drugs The Hon. RON WYDEN, lies across the country are going to be are essential for the Nation’s older peo- U.S. Senate, especially concerned about the fact ple. Too many of these drugs are sim- Washington, DC. that this legislation is going to in- ply priced out of the reach of older peo- DEAR SENATOR WYDEN: AARP supports crease their Part B premiums. But it ple. your amendment to the Senate fiscal year seems to me that at a time when their At the end of the day, the bipartisan 2006 Budget Reconciliation bill to provide for the ability of the Secretary of Health and part B premiums are going to go up, legislation that Senator SNOWE will Human Services to participate in the nego- when they are going to have to pay offer with myself and our bipartisan tiations between pharmaceutical manufac- extra costs out of their pocket for group is simply common sense. Let’s turers and prescription drug plans under the copays and deductibles and other out- make Medicare a smart shopper by al- Medicare Part D program.

VerDate Aug 31 2005 06:43 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.141 S02NOPT1 S12284 CONGRESSIONAL RECORD — SENATE November 2, 2005 Prescription drug prices continue to rise tion drug plans under the Medicare Part D Federal Government ought to be using much faster than the rate of inflation. program. more effective tools to hold down the AARP’s latest Rx Watchdog report released Prescription drug prices continue to rise costs of medicine, we have locked into this week found that prices for nearly 200 of much faster than the rate of inflation. the most commonly used brand name medi- AARP’s latest Rx Watchdog report released law a restriction on the ability of the cations rose 6.1 percent during the 12 month this week found that prices for nearly 200 of Government to do what smart shoppers period from July 2004–June 2005. At the same the most commonly used brand name medi- in America do every single day, and time, the rate of general inflation was 3 per- cations rose 6.1 percent during the 12 month that is to use their marketplace clout, cent. These drug price increases particularly period from July 2004–June 2005. At the same bulk purchasing power, to get the best hit older Americans, who use prescription time, the rate of general inflation was 3 per- value for them and their families. It is drugs more than any other segment of the cent. These drug price increases particularly time to lift this outrageous, offensive U.S. population. hit older Americans, who use prescription In two weeks, millions of older and dis- drugs more than any other segment of the restriction that is now in Medicare law abled Americans will have the opportunity U.S. population. that prevents the Federal Government to choose prescription drug coverage as part In two weeks, millions of older and dis- from being a smart shopper. It is now of their 2006 Medicare benefit options. The abled Americans will have the opportunity time to stand up for taxpayers and new Medicare prescription drug benefit will to choose prescription drug coverage as part stand up for the older people in this help millions of beneficiaries afford needed of their 2006 Medicare benefit options. The country. The Senate will have a chance medications. Improvements to the Medicare new Medicare prescription drug benefit will help millions of beneficiaries afford needed to do that when it votes on the bipar- Modernization Act are necessary to tisan amendment tomorrow that has strengthen the benefit and the Medicare pro- medications. Improvements to the Medicare gram. We believe the first step is to keep the Modernization Act are necessary to been filed tonight, will be offered to- drug benefit affordable for beneficiaries as strengthen the benefit and the Medicare pro- morrow, by Senator SNOWE, a bipar- well as taxpayers. gram. We believe the first step is to keep the tisan group. I hope my colleagues will While the competitive structure already drug benefit affordable for beneficiaries as support it resoundingly. existing in the MMA may help to bring pre- well as taxpayers. I yield the floor. scription drug prices down, we believe that While the competitive structure already existing in the MMA may help to bring pre- giving the Secretary the authority to par- f ticipate in negotiations may also help to scription drug prices down, we believe that giving the Secretary the authority to par- make prescription drugs more affordable for ADJOURNMENT UNTIL 9 A.M. Medicare beneficiaries. ticipate in negotiations may also help to We look forward to working with you and make prescription drugs more affordable for TOMORROW your colleagues on both sides of the aisle to Medicare beneficiaries. The PRESIDING OFFICER. Under ensure that the new Medicare Part D benefit Mr. President, there is a bit more to the previous order, the Senate stands remains affordable over time. If you have the letter, but I think the Senate can in recess until 9 a.m. tomorrow morn- any further questions, please feel free to con- get the general drift. ing. tact me, or have your staff contact Anna The AARP, the organization that Schwamlein of our Federal Affairs staff at Thereupon, the Senate, at 7:56 p.m., represents millions of older people, ex- adjourned until Thursday, November 3, 202–434–3770. plicitly tonight endorses our bipartisan Sincerely, 2006, at 9 a.m. amendment. They have pointed out DAVID P. SLOANE, Sr. Managing Director, that the cost of these medications, the f Government Relations and Advocacy. ones that are so important to older Mr. WYDEN. Mr. President, the let- people, are going up double the rate of NOMINATIONS ter says, and I will read a bit of it: inflation. Let me emphasize that to the Senate. Executive nomination received by AARP supports your amendment to the the Senate November 2, 2005: Senate fiscal year 2006 Budget Reconcili- The drugs that seniors use, the prices EXECUTIVE OFFICE OF THE PRESIDENT ation bill to provide for the ability of the are going up double the rate of infla- Secretary of Health and Human Services to tion. SUSAN C. SCHWAB, OF MARYLAND, TO BE A DEPUTY UNITED STATES TRADE REPRESENTATIVE, WITH THE participate in the negotiations between So we need some serious tools to con- RANK OF AMBASSADOR, VICE LINNET F. DEILY, RE- pharmaceutical manufacturers and prescrip- tain these costs. At a time when the SIGNED.

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SENATE COMMITTEE MEETINGS Agriculture, Nutrition, and Forestry NOVEMBER 10 Research, Nutrition, and General Legisla- Title IV of Senate Resolution 4, 10 a.m. tion Subcommittee Commerce, Science, and Transportation agreed to by the Senate on February 4, To hold hearings to examine the Pet Ani- Aviation Subcommittee 1977, calls for establishment of a sys- mal Welfare Statute. To hold hearings to examine the impact tem for a computerized schedule of all SDG–50 of the Wright amendment, which re- meetings and hearings of Senate com- Environment and Public Works stricts travel into and out of Dallas mittees, subcommittees, joint commit- Superfund and Waste Management Sub- Love Field for commercial flights with tees, and committees of conference. committee more than 56 seats. This title requires all such committees To hold oversight hearings to examine SD–562 to notify the Office of the Senate Daily the impact of certain government con- 10:30 a.m. tractor liability proposals on environ- Agriculture, Nutrition, and Forestry Digest—designated by the Rules Com- To hold hearings to examine the nomina- mittee—of the time, place, and purpose mental laws. SD–406 tions of Charles R. Christopherson, Jr., of the meetings, when scheduled, and of Texas, to be Chief Financial Officer, and James M. Andrew, of Georgia, to any cancellations or changes in the NOVEMBER 9 meetings as they occur. be Administrator, Rural Utilities Serv- 9:30 a.m. ice, both of the Department of Agri- As an additional procedure along Commerce, Science, and Transportation with the computerization of this infor- culture. Energy and Natural Resources SR–328A mation, the Office of the Senate Daily To hold joint hearings to examine energy 2 p.m. Digest will prepare this information for pricing and profits. Veterans’ Affairs printing in the Extensions of Remarks SD–106 To hold hearings to examine the rebuild- section of the CONGRESSIONAL RECORD Environment and Public Works ing of VA assets on the Gulf Coast. on Monday and Wednesday of each To hold hearings to examine issues re- SD–138 week. garding a comprehensive and inte- Meetings scheduled for Thursday, No- grated approach to meet the water re- NOVEMBER 15 vember 3, 2005 may be found in the sources needs of coastal Louisiana in 10 a.m. the wake of Hurricanes Katrina and Energy and Natural Resources Daily Digest of today’s RECORD. Rita, including storm and flood damage To hold hearings to examine a status re- reduction, ecosystem restoration and port on the Environmental Protection MEETINGS SCHEDULED navigation. Management programs of the Depart- SD–406 ment of Energy. NOVEMBER 4 Judiciary SD–366 9:30 a.m. To hold hearings to examine the use of NOVEMBER 16 Joint Economic Committee cameras in the courtroom. To hold hearings to examine the employ- SD–226 10 a.m. ment-unemployment situation for Oc- 10 a.m. Commerce, Science, and Transportation tober 2005. Homeland Security and Governmental Af- To hold hearings to examine the Magnu- 2226 RHOB fairs son-Stevens Fishery Conservation and To hold hearings to examine the Coast Management Reauthorization Act of 2005. NOVEMBER 7 Guard’s response to Hurricane Katrina. SD–562 12:30 p.m. SD–342 Judiciary 10:30 a.m. NOVEMBER 17 To hold hearings to examine the nomina- Agriculture, Nutrition, and Forestry tion of Harriet Ellan Miers, of Texas, To hold hearings to examine agricultural 10 a.m. Commerce, Science, and Transportation to be an Associate Justice of the Su- transportation and energy issues. Aviation Subcommittee preme Court of the United States. Room to be announced To hold hearings to examine aviation SH–216 2 p.m. safety. Armed Services SD–562 NOVEMBER 8 Readiness and Management Support Sub- 9:30 a.m. committee Foreign Relations To hold hearings to examine Department POSTPONEMENTS To hold hearings to examine Kosovo. of Defense Business Transformation SD–419 and Financial Management Account- NOVEMBER 8 Judiciary ability. 10 a.m. To hold hearings to examine U.S.-Saudi SR–232A Arabia relations relating to the war on Energy and Natural Resources 2:30 p.m. terror. To hold hearings to examine the progress Homeland Security and Governmental Af- SD–226 made on the development of interim 10 a.m. fairs and long-term plans for use of fire re- Small Business and Entrepreneurship Oversight of Government Management, the tardant aircraft in Federal wildfire To hold hearings to examine strength- Federal Workforce, and the District of suppression operations. ening hurricane recovery efforts for Columbia Subcommittee SD–366 small businesses. To resume oversight hearings to examine SR–428A the Federal security clearance process, NOVEMBER 9 2:30 p.m. focusing on Office of Personnel Man- 11:30 a.m. Judiciary agement’s plan to address the backlog Energy and Natural Resources To hold hearings to examine pending of security clearance investigations. Business meeting to consider pending nominations. SD–342 calendar business. SD–226 SD–366

∑ 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 Aug 31 2005 04:34 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M02NO8.000 E02NOPT1 Wednesday, November 2, 2005 Daily Digest Senate Pending: Chamber Action Gregg (for Frist/Gregg) Amendment No. 2347, to Routine Proceedings, pages S12149–S12284 provide amounts to address influenza and newly Measures Introduced: Five bills and four resolu- emerging pandemics. Page S12149 tions were introduced, as follows: S. 1951–1955, and Conrad Amendment No. 2351, to fully reinstate the pay-as-you-go requirement through 2010. S. Res. 294–297. Pages S12237–38 Pages S12149, S12217–19 Measures Reported: Enzi Modified Amendment No. 2352, to provide S. 1953, to amend the Internal Revenue Code of elementary and secondary education assistance to stu- 1986 and the Employee Retirement Income Security dents and schools impacted by Hurricane Katrina Act of 1974 to protect the retirement security of and to lower origination fees. Pages S12149, S12212–17 American workers by ensuring that pension benefits Lincoln Amendment No. 2356, to provide emer- are funded and that pension assets are adequately di- gency health care and other relief for survivors of versified and by providing workers with adequate ac- Hurricane Katrina. Page S12149 cess to, and information about, their pension plans. Inhofe/Chambliss Amendment No. 2355, to cap (S. Rept. No. 109–174) Page S12236 non-defense, non-trust-fund, discretionary spending at the previous fiscal year’s level, beginning with fis- Measures Passed: cal year 2007. Page S12149 Arrest of Sanjar Umarov: Senate agreed to S. Nelson (FL) Amendment No. 2357, to hold Medi- Res. 295, expressing the sense of the Senate on the care beneficiaries harmless for the increase in the arrest of Sanjar Umarov in Uzbekistan. 2007 Medicare monthly part B premium that would Pages S12279–80 otherwise occur because of the 2006 increase in pay- Honoring Dr. Richard Errett Smalley: ments under the physician fee schedule. Page S12149 Senate Cantwell Amendment No. 2358, to strike the agreed to S. Res. 296, honoring the life of and ex- title relating to the establishment of an oil and gas pressing the condolences of the Senate on the passing leasing program in the Coastal Plain. Pages S12150–72 of Dr. Richard Errett Smalley. Page S12280 Wyden/Talent Amendment No. 2362 (to the lan- Gaylord Nelson Wilderness: Senate agreed to S. guage proposed to be stricken by Amendment No. Res. 297, marking the dedication of the Gaylord 2358), to enhance the energy security of the United Nelson Wilderness within the Apostle Islands Na- States by prohibiting the exportation of oil and gas tional Lakeshore. Pages S12280–81 produced under leases in the Arctic National Wild- life Refuge. Pages S12172–75 Budget Reconciliation: Senate continued consider- Grassley Amendment No. 2359, to clarify certain ation of S. 1932, to provide for reconciliation pursu- payment limitations applicable to certain payments ant to section 202(a) of the concurrent resolution on under title I of the Farm Security and Rural Invest- the budget for fiscal year 2006 (H. Con. Res. 95), ment Act of 2002 and section 1101 of the Agricul- taking action on the following amendments proposed tural Reconciliation Act of 2005 and to partially re- thereto: Pages S12149–S12219 store funding to programs reduced by sections 1101, Adopted: 1201, and 1202 of the Agricultural Reconciliation Gregg Amendment No. 2392, to provide that the Act of 2005. Pages S12175–85 language on pages 41, beginning on line 3 through Bingaman Amendment No. 2365, to prevent a se- line 11, entitled Amendments to the Balanced vere reduction in the Federal medical assistance per- Budget and Emergency Deficit Control Act of 1985, centage determined for a State for fiscal year 2006 be stricken. Pages S12210–11 and to extend rebates for prescription drugs to enrollees in Medicaid managed care organizations. Pages S12185–89 D1131

VerDate Aug 31 2005 06:47 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D02NO5.REC D02NOPT1 D1132 CONGRESSIONAL RECORD — DAILY DIGEST November 2, 2005

Byrd Amendment No. 2367, to replace title VIII Authorities for Committees to Meet: Page S12279 of the bill with an amendment to section 214(c) of Privileges of the Floor: Page S12279 the Immigration and Nationality Act to impose a fee on employers who hire certain nonimmigrants. Adjournment: Senate convened at 8:30 a.m., and Pages S12189–93 adjourned at 7:56 p.m., until 9 a.m., on Thursday, Lott/Lautenberg Amendment No. 2360, to reau- November 3, 2005. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s thorize Amtrak. Pages S12193–97 Record on page S12281.) McCain Amendment No. 2370, to move forward the date on which the transition to digital television is to occur. Pages S12197–S12202 Committee Meetings Murray Amendment No. 2372, to provide a 6- (Committees not listed did not meet) month transition period for coverage of prescription drugs under Medicaid for individuals whose drug PANDEMIC INFLUENZA PREPAREDNESS coverage is to be moved to the Medicare prescription Committee on Appropriations: Subcommittee on Labor, drug program. Pages S12202–07 Health and Human Services, Education, and Related Ensign Amendment No. 2368, to cut Agencies concluded a hearing to examine funding $2,000,000,000 from the convertor box subsidy pro- needs for pandemic influenza preparedness, focusing gram. Pages S12207–10 on vaccines, antivirals, and disease surveillance, pub- Landrieu Amendment No. 2366, to provide funds lic health infrastructure, and risk communication, for payments to producing States and coastal polit- after receiving testimony from Michael O. Leavitt, ical subdivisions under the coastal impact assistance Secretary, Julie Gerberding, Director, Centers for program. Pages S12211–12 Disease Control and Prevention, Anthony Fauci, Di- A unanimous consent agreement was reached pro- rector, National Institute on Allergy and Infectious viding for further consideration of the bill on Thurs- Diseases, National Institutes of Health, and Bruce day, November 3, 2005, with votes to occur on or Gellin, Director, National Vaccine Program Office, in relation to the pending amendments (listed all of the Department of Health and Human Serv- above). Page S12281 ices; and John M. Barry, New Orleans, Louisiana. Agriculture Appropriations Conference Report: BUSINESS MEETING Senate began consideration of the conference report Committee on Commerce, Science, and Transportation: to accompany H.R. 2744, making appropriations for Committee ordered favorably reported the following Agriculture, Rural Development, Food and Drug business items: Administration, and Related Agencies for the fiscal S. 1063, to promote and enhance public safety year ending September 30, 2006. Pages S12219–28 and to encourage the rapid deployment of IP-enabled A unanimous-consent agreement was reached pro- voice services, with an amendment in the nature of viding for further consideration of the conference re- a substitute; and port at 9 a.m., on Thursday, November 3, 2005, The nominations of Shana L. Dale, of Georgia, to with a vote on adoption of the conference report to be Deputy Administrator of the National Aero- occur thereon. Page S12281 nautics and Space Administration, and Mark V. Nominations Received: Senate received the fol- Rosenker, of Maryland, and Kathryn Higgins, of lowing nomination: South Dakota, each to be a Member of the National Susan C. Schwab, of Maryland, to be a Deputy Transportation Safety Board, and nomination lists in United States Trade Representative, with the rank of the National Oceanic and Atmospheric Administra- Ambassador. Page S12284 tion and the Coast Guard. Messages From the House: Page S12235 PUBLIC LANDS Measures Referred: Page S12235 Committee on Energy and Natural Resources: Sub- Executive Communications: Pages S12235–36 committee on Public Lands and Forests concluded a hearing to examine S. 1548, to provide for the con- Executive Reports of Committees: Pages S12236–37 veyance of certain Forest Service land to the city of Additional Cosponsors: Pages S12238–39 Coffman Cove, Alaska, S. 1541, to protect, conserve, Statements on Introduced Bills/Resolutions: and restore public land administered by the Depart- Pages S12239–53 ment of the Interior or the Forest Service and adjacent land through cooperative cost-shared grants to Additional Statements: Pages S12234–35 control and mitigate the spread of invasive species, Amendments Submitted: Pages S12235–79 S. 1552, to amend Public Law 97–435 to extend the

VerDate Aug 31 2005 06:47 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D02NO5.REC D02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1133 authorization for the Secretary of the Interior to re- for International Development, Roland Arnall, of lease certain conditions contained in a patent con- California, to be Ambassador to the Kingdom of the cerning certain land conveyed by the United States Netherlands, Jeffrey Thomas Bergner, of Virginia, to to Eastern Washington University until December be an Assistant Secretary of State for Legislative Af- 31, 2009, H.R. 482, to provide for a land exchange fairs, and James Caldwell Cason, of Florida, to be involving Federal lands in the Lincoln National For- Ambassador to the Republic of Paraguay. est in the State of New Mexico, and S. 405, to provide for the conveyance of certain public land in U.S.-INDIAN NUCLEAR ENERGY Clark County, Nevada, for use as a heliport, after re- COOPERATION ceiving testimony from Gloria Manning, Associate Committee on Foreign Relations: Committee concluded Deputy Chief for National Forest Systems, Forest a hearing to examine security and nonproliferation Service, Department of Agriculture; and Scott J. implications relating to U.S.-Indian nuclear energy Cameron, Deputy Assistant Secretary of the Interior cooperation, after receiving testimony from R. Nich- for Performance, Accountability, and Human Re- olas Burns, Under Secretary for Political Affairs, and sources. Robert G. Joseph, Under Secretary for Arms Control and International Security, both of the Department HURRICANE KATRINA RESPONSE of State; Ronald F. Lehman, II, Lawrence Livermore Committee on Environment and Public Works: Com- National Laboratory Center for Global Security Re- mittee concluded oversight hearings to examine the search, Livermore, California; Ashton B. Carter, Har- response to Hurricane Katrina, focusing on the ac- vard University Belfer Center for Science and Inter- tions of certain federal agencies, and efforts to pro- national Affairs, Cambridge, Massachusetts; and vide economic revitalization on the Gulf Coast of the Henry D. Sokolski, Nonproliferation Policy Edu- United States, after receiving testimony from Nils J. cation Center, and Michael Krepon, Henry L. Diaz, Chairman, Nuclear Regulatory Commission; Stimson Center, both of Washington, D.C. Sandy K. Baruah, Acting Assistant Secretary of Commerce for Economic Development; H. Dale HURRICANE KATRINA: NEW ORLEANS Hall, Director, U.S. Fish and Wildlife Service, De- LEVEE SYSTEM partment of the Interior; David L. Winstead, Com- Committee on Homeland Security and Governmental Af- missioner, Public Buildings Service, General Services fairs: Committee concluded a hearing to examine the Administration; and Mayor C. Ray Nagin, Kim effect of Hurricane Katrina on the infrastructure of Dunn Chapital, Dillard University Deep South Cen- coastal Louisiana, focusing on the performance of the ter for Environmental Justice, and William H. levee system that surrounds New Orleans, after re- Hines, Jones, Walker, Waechter, Poitevent, Carrere ceiving testimony from Paul F. Mlakar, Senior Re- and Denegre, L.L.P, all of New Orleans, Louisiana. search Scientist, U.S. Army Research and Develop- ment Center, U.S. Army Corps of Engineers; Ivor Ll. BUSINESS MEETING van Heerden, Louisiana Forensic Data Gathering Committee on Foreign Relations: On Tuesday, Novem- Team, Baton Rouge; Raymond B. Seed, University ber 1, Committee ordered favorably reported the fol- of California, Berkeley, on behalf of the National lowing business items: Science Foundation-sponsored Levee Investigation The Convention for the Strengthening of the Team; and Peter G. Nicholson, University of Ha- Inter-American Tropical Tuna Commission estab- waii, Manoa, on behalf of the American Society of lished by the 1949 Convention between the United Civil Engineers. States of America and the Republic of Costa Rica, with Annexes (Treaty Doc. 109–2); TRIBAL LOBBYING MATTERS S. 1315, to require a report on progress toward Committee on Indian Affairs: Committee held an over- the Millennium Development Goals, with an amend- sight hearing to examine In Re Tribal Lobbying ment; Matters, Et Al, focusing on lobbying fraud, after re- S. 1184, to waive the passport fees for a relative ceiving testimony from J. Steven Griles, former Dep- of a deceased member of the Armed Forces pro- uty Secretary, and Michael Rossetti, former Counsel ceeding abroad to visit the grave of such member or to the Secretary, both of the Department of the Inte- to attend a funeral or memorial service for such rior; Kevin Sickey and David Sickey, both of the member; and Coushatta Tribe of Louisiana, Elton; Fred Baggett, The nominations of Donald A. Gambatesa, of Vir- Greenberg Traurig, Tallahassee, Florida; B.R. ginia, to be Inspector General, United States Agency McConnon, Democracy Data and Communications,

VerDate Aug 31 2005 06:47 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D02NO5.REC D02NOPT1 D1134 CONGRESSIONAL RECORD — DAILY DIGEST November 2, 2005 Alexandria, Virginia; William Worfel, Kinder, Lou- INTELLIGENCE isiana; Kathryn Van Hoof, Lecompte, Louisiana; Select Committee on Intelligence: Committee held closed Christopher Cathcart, Washington, D.C.; and Gail hearings on intelligence matters, receiving testimony Halpern, Silver Spring, Maryland. from officials of the intelligence community. Hearings recessed subject to the call. Committee recessed subject to call. h House of Representatives

a 2⁄3 yea-and-nay vote of 407 yeas with none voting Chamber Action ‘‘nay’’, Roll No. 561; and Pages H9487–89, H9498–99 Public Bills and Resolutions Introduced: 21 pub- Designating the Federal building located at 333 lic bills, H.R. 4196–4216; and 5 resolutions, H. Mt. Elliott Street in Detroit, Michigan, as the Con. Res. 288–289; and H. Res. 528–530 were in- ‘‘Rosa Parks Federal Building’’: S. 1285, to des- troduced. Pages H9554–55 ignate the Federal building located at 333 Mt. El- Additional Cosponsors: Pages H9555–56 liott Street in Detroit, Michigan, as the ‘‘Rosa Parks Reports Filed: Reports were filed today as follows: Federal Building’’—clearing the measure for the Report on the Revised Suballocation of Budget President. Pages H9490–92 Allocations for Fiscal Year 2006 (H. Rept. Suspensions—Failed: The House failed to agree to 109–264); suspend the rules and pass the following measure: Conference report on H.R. 3057, making appro- Online Freedom of Speech Act: H.R. 1606, to priations for foreign operations, export financing, amend the Federal Election Campaign Act of 1971 and related programs for the fiscal year ending Sep- to exclude communications over the Internet from tember 30, 2006, (H. Rept. 109–265); and the definition of public communication, by a 2⁄3 yea- H. Res. 527, providing for consideration of the and-nay vote of 225 yeas to 182 nays, Roll No. 559. bill (H.R. 4128) to protect private property rights Pages H9478–84, H9497 (H. Rept. 109–266). Pages H9499–H9533, H9554 Departments of Commerce and Justice, Science, Chaplain: The prayer was offered today by Rev. and Related Agencies Appropriations Act, Bruce Bigelow, Pastor, Lake Hills Baptist Church, 2006—Motion to go to Conference: The House Schererville, Indiana. Page H9475 disagreed to the Senate amendment and agreed to a Suspensions: The House agreed to suspend the rules conference on H.R. 2862, an act making appropria- and pass the following measures: tions for the Departments of Commerce and Justice, Department of Veterans Affairs Information Science, and related agencies, for the fiscal year end- Technology Management Improvement Act of 2005: ing September 30, 2006. Page H9492 H.R. 4061, to amend title 38, United States Code, The House agreed to the Schwartz motion to in- to improve the management of information tech- struct conferees by voice vote after agreeing to order nology within the Department of Veterans Affairs by the previous question. Pages H9492–96 providing for the Chief Information Officer of that Later, the Chair appointed conferees: Representa- Department to have authority over resources, budget, tives Messrs. Wolf, Taylor of North Carolina, Kirk, and personnel related to the support function of in- Weldon of Florida, Goode, LaHood, Culberson, Al- formation technology, by a 2⁄3 yea-and-nay vote of exander, Lewis of California, Mollohan, Serrano, 408 yeas with none voting ‘‘nay’’, Roll No. 560; Cramer, Kennedy of Rhode Island, Fattah, and Pages H9484–87, H9497–98 Obey. Page H9497 Designating the Department of Veterans Affairs Recess: The House recessed at 4:35 p.m. and recon- outpatient clinic in Appleton, Wisconsin, as the vened at 7:41 p.m. Pages H9496–97 ‘‘John H. Bradley Department of Veterans Affairs Advisory Committee on Student Financial As- Outpatient Clinic’’: H.R. 1691, to designate the sistance: The Chair announced the Speaker’s re- Department of Veterans Affairs outpatient clinic in appointment of Ms. Judith Flink of Morton Grove, Appleton, Wisconsin, as the ‘‘John H. Bradley De- Illinois, to the Advisory Committee on Student Fi- partment of Veterans Affairs Outpatient Clinic’’, by nancial Assistance for a three-year term. Page H9533

VerDate Aug 31 2005 06:47 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D02NO5.REC D02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1135 Suspensions: The House agreed to suspend the rules NATURAL GAS—HEATING OIL FOR and pass the following measure: AMERICAN HOMES Congratulating the Chicago White Sox on win- Committee on Energy and Commerce: Subcommittee on ning the 2005 World Series: H. Con. Res. 281, to Energy and Air Quality held a hearing entitled congratulate the Chicago White Sox on winning the ‘‘Natural Gas and Heating Oil for American 2005 World Series. Pages H9533–36 Homes.’’ Testimony was heard from the following Senate Message: Message received from the Senate officials of the Department of Energy: Joseph T. today appears on page H9475. Kelliher, Chairman, Federal Energy Regulatory Commission; and Mark R. Maddox, Principal Dep- Senate Referrals: S. Con. Res. 56 was referred to uty Assistant Secretary, Office of Fossil Energy; Reu- the Committee on International Relations. ben Jeffrey, III, Chairman, CFTC; Donald L. Mason, Page H9553 Commissioner, Public Utilities Commission, State of Quorum Calls—Votes: 3 yea-and-nay votes devel- Ohio; Mary Ann Manoogian, Director, Office of En- oped during the proceedings of today and appear on ergy and Planning, State of New Hampshire; and pages H9497, H9497–98, and H9498–99. There public witnesses. were no quorum calls. ISSUANCE OF SUBPOENAS—SILICOSIS Adjournment: The House met at 2 p.m. and ad- INVESTIGATION journed at 11:19 p.m. Committee on Energy and Commerce: Subcommittee on Oversight and Investigations approved a motion au- Committee Meetings thorizing the issuance of subpoenas decus tecum to the following individuals: James Ballard; Todd AGRICULTURAL NEGOTIATIONS—DOLA Coulter; Andrew W. Harron; and Ray A. Harron for DEVELOPMENT FUND certain records in connection with its silicosis inves- Committee on Agriculture: Held a hearing to review tigation. Agricultural Negotiations in the Doha Development MISCELLANEOUS MEASURES Round. Testimony was heard from Mike Johanns, Committee on International Relations: Subcommittee on Secretary of Agriculture; Rob Portman, U.S. Trade the Western Hemisphere approved for full Com- Representative; and public witnesses. mittee action the following measures: H. Con. Res. REVISED SUBALLOCATION OF BUDGET 280, Mourning the horrific loss of life caused by the ALLOCATIONS FOR FISCAL YEAR 2006 floods and mudslides that occurred in October 2005 in Central America and Mexico and expressing the Committee on Appropriations: Approved the Revised sense of Congress that the United States should do Suballocation of Budget Allocations for Fiscal Year everything possible to assist the affected people and 2006. communities; H. Con. Res. 90, Conveying the sym- PANDEMIC INFLUENZA pathy of Congress to the families of the young women murdered in the State of Chihuahua, Mexico, Committee on Appropriations: Subcommittee on the De- and encouraging increased United States involvement partment of Labor, Health and Human Services, in bringing an end to these crimes; and H. Res. Education, and Related Agencies held a hearing on 458, Remembering and commemorating the lives Pandemic Influenza. Testimony was heard from Mi- and work of Maryknoll Sisters Maura Clarke and Ita chael O. Leavitt, Secretary of Health and Human Ford, Ursuline Sister Dorothy Kazel, and Cleveland Services. Lay Mission Team Member Jean Donovan, who were ACQUISITION REFORM executed by members of the armed forces of El Sal- vador on December 2, 1980. Committee on Armed Services: Held a hearing on acquisition reform. Testimony was heard from the fol- PRIVATE PROPERTY RIGHTS PROTECTION lowing officials of the Department of Defense: Ken- ACT neth J. Krieg, Under Secretary, Acquisition, Tech- Committee on Rules: Granted, by voice vote, a struc- nology and Logistics; Claude M. Bolton, Jr., Assist- tured rule on H.R. 4128, to protect private property ant Secretary, Army, (Acquisition, Logistics and rights, providing 90 minutes of general debate with Technology); John J. Young, Jr., Assistant Secretary, 60 minutes equally divided and controlled by the Navy, Research, Development and Acquisition; and chairman and ranking minority member of the Com- LTG Donald J. Hoffman, USAF, Military Deputy, mittee on the Judiciary and 30 minutes equally di- Office of the Assistant Secretary of the Air Force, vided and controlled by the chairman and ranking Acquisition. minority member of the Committee on Agriculture.

VerDate Aug 31 2005 06:47 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D02NO5.REC D02NOPT1 D1136 CONGRESSIONAL RECORD — DAILY DIGEST November 2, 2005 The rule waives all points of order against consider- Richard L. Skinner, Inspector General; COL Norbert ation of the bill. The rule provides that the amend- Doyle, USA, Acting Principal Assistant Responsible ment in the nature of a substitute recommended by for Contracting, U.S. Army Corps of Engineers; the Committee on the Judiciary now printed in the David E. Cooper, Director, Acquisition and Sourcing bill shall be considered as an original bill for the Management, GAO; and public witnesses. purpose of amendment and shall be considered as f read. The rule makes in order only those amendments COMMITTEE MEETINGS FOR THURSDAY, printed in the Rules Committee report accom- NOVEMBER 3, 2005 panying the resolution. The rule provides that the amendments printed in the report may be considered (Committee meetings are open unless otherwise indicated) only in the order printed in the report, may be offered only by a Member designated in the report, Senate shall be considered as read, shall be debatable for the Committee on Banking, Housing, and Urban Affairs: busi- time specified in the report equally divided and con- ness meeting to consider the nominations of Matthew trolled by the proponent and an opponent, shall not Slaughter, of New Hampshire, and Katherine Baicker, of be subject to amendment, and shall not be subject New Hampshire, each to be a Member of the Council of Economic Advisers, Orlando J. Cabrera, of Florida, to be to a demand for division of the question in the Assistant Secretary of Housing and Urban Development, House or in the Committee of the Whole. The rule and Gigi Hyland, of Virginia, and Rodney E. Hood, of waives all points of order against the amendments North Carolina, each to be a Member of the National printed in the report. Finally, the rule provides one Credit Union Administration Board, 10:30 a.m., S–216, motion to recommit with or without instructions. Capitol. Testimony was heard by Chairman Sensenbrenner, Committee on the Judiciary: business meeting to consider Chairman Goodlatte and Representatives Gingrey, the nominations of Wan J. Kim, of Maryland, to be As- Turner, Sodrel and Cuellar. sistant Attorney General, Civil Rights Division, Steven G. Bradbury, of Maryland, to be Assistant Attorney Gen- 2005 SOLAR DECATHLON eral for the Office of Legal Counsel, Sue Ellen Committee on Science: Subcommittee on Energy held a Wooldridge, of Virginia, to be Assistant Attorney Gen- hearing on Winning Teams and Innovation Tech- eral, Environment and Natural Resources Division, nologies from the 2005 Solar Decathlon. Testimony Thomas O. Barnett, of Virginia, to be Assistant Attorney was heard from Richard Moorer, Deputy Assistant General, Antitrust Division, all of the Department of Jus- Secretary, Technology Development, Office of En- tice, James F.X. O’Gara, of Pennsylvania, to be Deputy Director for Supply Reduction, Office of National Drug ergy Efficiency and Renewable Energy, Department Control Policy, Emilio T. Gonzalez, of Florida, to be Di- of Energy; and public witnesses. rector of the Bureau of Citizenship and Immigration Serv- RESOLUTION—REQUESTING THE ices, Department of Homeland Security, and Julie L. PRESIDENT TO TRANSMIT INFORMATION Myers, of Kansas, to be an Assistant Secretary of Home- RELATING TO CONTRACTS FOR SERVICES land Security, S. 1088, to establish streamlined proce- OR CONSTRUCTION RELATING TO dures for collateral review of mixed petitions, amend- HURRICANE KATRINA RECOVERY ments, and defaulted claims, S. 1789, to prevent and mitigate identity theft, to ensure privacy, to provide no- Committee on Transportation and Infrastructure: Ordered tice of security breaches, and to enhance criminal pen- reported, without recommendation, H. Res. 488, alties, law enforcement assistance, and other protections Requesting that the President transmit to the House against security breaches, fraudulent access, and misuse of of Representatives information in his possession re- personally identifiable information, S. 751, to require lating to contracts for services or construction related Federal agencies, and persons engaged in interstate com- to Hurricane Katrina recovery. merce, in possession of data containing personal information, to disclose any unauthorized acquisition of such in- HURRICANE KATRINA—GOVERNMENT’S formation, S. 1699, to amend title 18, United States USE OF CONTRACTORS Code, to provide criminal penalties for trafficking in Select Bipartisan Committee to Investigate the Preparation counterfeit marks, S. 1095, to amend chapter 113 of title for and Response to Hurricane Katrina: Held a hearing 18, United States Code, to clarify the prohibition on the trafficking in goods or services, H.R. 683, to amend the entitled ‘‘Hurricane Katrina: The Federal Govern- Trademark Act of 1946 with respect to dilution by blur- ment’s Use of Contractors to Prepare and Respond.’’ ring or tarnishment, S. 1787, to provide bankruptcy relief Testimony was heard from the following officials of for victims of natural disasters, and S. 1647, to amend the Department of Homeland Security: Greg title 11, United States Code, to provide relief to victims Rothwell, Chief Procurement Officer; Patricia of Hurricane Katrina and other natural disasters, 9:30 English, Senior Procurement Executive, FEMA; and a.m., SD–226.

VerDate Aug 31 2005 06:47 Nov 03, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D02NO5.REC D02NOPT1 November 2, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1137 House Committee on Resources, Subcommittee on Fisheries and Oceans, oversight hearing on the Growing Problem of Committee on Armed Services, hearing on Your Troops: Their Story, 8:30 a.m., 2118 Rayburn. Invasive Asian Carp in the Great Lakes and Mississippi Terrorism and Radical Islam Gap Panel, hearing on River System, 10 a.m., 1334 Longworth. Understanding Aspirations of Radical Islam: Why Main- Subcommittee on National Parks, hearing on stream Islam is Radically Different, 3 p.m., 2118 Ray- H.R. 3699, Federal and District of Columbia Gov- burn. ernment Real Property Act of 2005, 2 p.m., 1324 Committee on the Budget, to mark up the Deficit Reduc- Longworth. tion Act of 2005, 10 a.m., 219 Cannon. Subcommittee on Water and Power, hearing on the Committee on Energy and Commerce, Subcommittee on following bills: H.R. 1190, San Diego Water Storage and Commerce, Trade, and Consumer Protection, to mark up Efficiency Act of 2005; H.R. 2563, To authorize the Sec- H.R. 4127, Data Accountability and Trust Act, 10 a.m., retary of the Interior to conduct feasibility studies to ad- 2123 Rayburn. dress certain water shortages within the Snake, Boise, and Committee on Homeland Security, Subcommittee on Eco- Payette River systems in Idaho; and H.R. 3153, Upper nomic Security, Infrastructure Protection, Cybersecurity, Colorado and San Juan River Basin Endangered Fish Re- hearing entitled ‘‘The Future of TSA’s Registered Trav- covery Implementation Programs Reauthorization Act of eler Program,’’ 12 p.m., 311 Cannon. 2005, 10 a.m., 1324 Longworth. Subcommittee on Economic Security, Infrastructure Committee on Science, hearing on Status of NASA’s Pro- Protection, and Cybersecurity and the Subcommittee In- grams, 10 a.m., 2318 Rayburn. telligence, Information Sharing, and Terrorism Risk As- Committee on Transportation and Infrastructure, Sub- sessment, executive, briefing on the security committee on Economic Development, Public Buildings vulnerabilities of portable electronic devices and U.S. gov- and Emergency Management, hearing on proposals in re- ernment cyber systems, 3 p.m., John Adams. sponse to Hurricane Katrina, 10 a.m., 2167 Rayburn. Subcommittee on Prevention of Nuclear and Biological Committee on Veterans’ Affairs, Subcommittee on Dis- Attack, hearing entitled ‘‘Bioscience and the Intelligence ability Assistance and Memorial Affairs, oversight hearing Community,’’ 10 a.m., 334 Cannon. on the development of the Veterans Benefits Administra- Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property, oversight hearing en- tion’s annual budget request, 2 p.m., 334 Cannon. titled ‘‘Content Protection in the Digital Age: The Committee on Ways and Means, hearing on Review of Broadcast Flag, High-Definition Radio, and the Analog Credit Union Tax Exemption; followed by consideration Hole,’’ 2 p.m., 2141 Rayburn. of the draft implementing proposal on the United States- Subcommittee on Crime, Terrorism, and Homeland Se- Bahrain Free Trade Agreement Implementation Act, 10 curity, hearing on H.R. 1704, Second Chance Act of a.m., 1100 Longworth. 2005; and to mark up H.R. 3889, Methamphetamine Permanent Select Committee on Intelligence, executive, brief- Epidemic Elimination Act, 9:30 a.m., 2141 Rayburn. ing on Global Updates/Hotspots, 9 a.m., H–405 Capitol. Subcommittee on Crime, Terrorism, and Homeland Se- curity, oversight hearing entitled ‘‘Offender Re-entry: Joint Meetings What is Needed to Provide Offenders with a Real Second Joint Economic Committee: to hold hearings to examine Chance? 12 p.m., 2141 Rayburn. the current economic outlook, 10 a.m., 2175 RHOB.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Thursday, November 3 10 a.m., Thursday, November 3

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 4128— ation of the conference report to accompany H.R. 2744, Private Property Rights Protection Act of 2005 (Subject Agriculture Appropriations, with a vote on adoption of to a Rule). the conference report to occur thereon; following which, Senate will continue consideration of S. 1932, Budget Reconciliation, with votes to occur on or in relation to the pending amendments. Senate is expected to complete action on the bill.

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