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, THURSDAY, JUNE 16, 2005 No. 80 House of Representatives The House met at 10 a.m. lic for which it stands, one nation under God, Chair, on behalf of the Vice President, The Chaplain, the Reverend Daniel P. indivisible, with liberty and justice for all. appoints the following Senators as Coughlin, offered the following prayer: f members of the Commission on Secu- By Your divine providence, Lord God, MESSAGE FROM THE SENATE rity and Cooperation in Europe (Hel- through free election and the personal sinki) during the One Hundred Ninth decisions of the American people, You A message from the Senate by Mr. Congress; have assembled these individuals as Monahan, one of its clerks, announced The Senator from Oregon (Mr. that the Senate has agreed to the fol- Members of the House of Representa- SMITH). tives. lowing resolution: The Senator from Georgia (Mr. They are the men and the women In the Senate of the United States, June CHAMBLISS). who will create the laws that will guide 13, 2005. The Senator from North Carolina Whereas J. James Exon served in the the Nation, direct the behavior of the United States Army Signal Corps from 1942– (Mr. BURR). people of this country, and, through 1945 and in the United States Army Reserve The Senator from Louisiana (Mr. the appropriation process, shape the from 1945–1949; VITTER). priorities of the future. Whereas J. James Exon served as Governor f In Your judgment, Lord, they are the of the State of Nebraska from 1971–1979; ones who are adequate for the moment Whereas J. James Exon served the people ANNOUNCEMENT BY THE SPEAKER to address the problems and needs of of Nebraska with distinction for 18 years in The SPEAKER. The Chair will enter- the United States Senate where he was a tain up to ten 1-minute requests on Your people. proponent of a strong national defense and Because the United States is re- knowledgeable source of geopolitical mat- each side. garded as the most powerful Nation in ters; f the world at this time, this Congress, Resolved, That the Senate has heard with SHAME ON CONGRESS IF WE DO profound sorrow and deep regret the an- as it is, becomes Your instrument to NOT BAN CLONING unite people around the globe and ac- nouncement of the death of the Honorable J. complish Your holy will in our day. James Exon, formerly a Senator from the (Mr. PITTS asked and was given per- Knowing their awesome responsibil- State of Nebraska. mission to address the House for 1 Resolved, That the Secretary of the Senate ities and understanding the limitations minute and to revise and extend his re- communicate these resolutions of the House marks.) of human nature, we, the people, com- of Representatives and transmit an enrolled mend them to You, Almighty God, for copy thereof to the family of the deceased. Mr. PITTS. Mr. Speaker, Edmund we place our trust in You now and for- Resolved, That when the Senate adjourns Burke once said: ‘‘All that is necessary ever. Amen. today, it stand adjourned as a further mark for the triumph of evil is for good men of respect to the memory of the Honorable J. to do nothing.’’ I might change that to f James Exon. read: ‘‘All that is necessary for human THE JOURNAL The message also announced that the cloning to begin in America is for Con- The SPEAKER. The Chair has exam- Senate has passed without amendment gress to do nothing.’’ ined the Journal of the last day’s pro- a bill of the House of the following When Korean scientists announced ceedings and announces to the House title: last month they had cloned 18 sick peo- his approval thereof. H.R. 483. An act to designate a United ple and killed their clones to get their Pursuant to clause 1, rule I, the Jour- States courthouse in Brownsville, Texas, as stem cells, some thought that would nal stands approved. the ‘‘Reynaldo G. Garza and Filemon B. Vela provide the motivation for the Con- United States Courthouse’’. f gress to ban human cloning. They were The message also announced that the wrong. PLEDGE OF ALLEGIANCE Senate has passed a bill of the fol- The history of cloning is replete with The SPEAKER. Will the gentleman lowing title in which concurrence of defects, deformities, and death. It took from Minnesota (Mr. GUTKNECHT) come the House is requested: 277 tries to clone Dolly the sheep. That forward and lead the House in the S. 1140. An act to designate the State is 276 dead and deformed sheep. And yet Pledge of Allegiance. Route 1 Bridge in the State of Delaware as Congress does nothing to stop human Mr. GUTKNECHT led the Pledge of the ‘‘Senator William V. Roth, Jr. Bridge’’. cloning from happening in America. Allegiance as follows: The message also announced that The House has done very little to force I pledge allegiance to the Flag of the pursuant to Public Law 94–304, as the Senate to act, and the House has United States of America, and to the Repub- amendment by Public Law 99–7, the yet to take up a bill this year.

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.

H4563

. H4564 CONGRESSIONAL RECORD — HOUSE June 16, 2005 Human cloning is wrong and dan- Government and taxpayer bailouts including sexual exploitation, corrup- gerous, no matter what cause it serves. are not fair to the public, and they are tion, sex trafficking, and the system- Yet Congress and its leaders refuse to not a solution to the problem. Recent atic rape of women. In Bosnia, the U.N. act, content to wait for a politically hearings here in the House have made quashed an investigation into the in- opportune time for a vote. But sci- the case crystal clear as experts have volvement of U.N. police in enslave- entists are not operating on our elec- said that they think we need industry- ment of Eastern European women. toral timetable. While we wait, cloning specific reform. Today, Congress has a rare oppor- is coming down the pike, and it will United Airlines recently dumped tunity to restore hope, order, and pur- happen here sooner than we know if we their pension plan onto the Pension pose to the U.N. Decades of U.N. waste, do not act. Benefit Guarantee Corporation, so now fraud, and abuse prove that strong ac- Those who would delay and do noth- thousands and thousands of their em- tion is the only remedy for the prob- ing will bring shame on Congress and ployees face an uncertain future and lems plaguing the organization. By on this body if we do not stop it. the PBGC goes billions of dollars fur- linking U.S. support to U.N. reform, we f ther into the red. This is a no-win situ- can ensure the U.N. peacekeepers ation for everyone involved. rightfully fulfill their mission. DEALING WITH PROBLEMS FACING Mr. Speaker, let us take action. Let In conclusion, God bless our troops GULF WAR VETERANS us be proactive, and let us pass much- and we will never forget September 11. (Mr. KUCINICH asked and was given needed pension reform now. f permission to address the House for 1 f minute and to revise and extend his re- THE GROWING NATIONAL DEBT marks.) ANSWERS NEEDED FOR (Mrs. MALONEY asked and was given Mr. KUCINICH. Mr. Speaker, Abra- QUESTIONS REGARDING IRAQ permission to address the House for 1 ham Lincoln in his second inaugural (Mr. MORAN of Virginia asked and minute and to revise and extend her re- said: ‘‘We shall care for him who has was given permission to address the marks.) borne the battle.’’ Today, men and House for 1 minute and to revise and Mrs. MALONEY. Mr. Speaker, these women who have served this country in extend his remarks.) are tough economic times; but our the Gulf War are waiting for this Con- Mr. MORAN of Virginia. Mr. Speak- economy is resilient, and I trust that gress to respond affirmatively to their er, if you do not know where you are we will eventually turn things around. medical needs. going, you are never going to get there. But even then, this administration has Congress took steps in the 1990s by Another truism is that you do not created structural problems that will authorizing a scientific research pro- begin a war without a plan to win the hinder us over the long run. gram that looked into Gulf War Syn- peace. This administration continues to set drome, and that report from the Re- Is it now well past time for the legis- economic records, only they are the search Advisory Committee on Gulf lative branch to ask of the executive wrong economic records. We have set Veterans Illness found out that the ill- branch the very things that our con- under this administration a record nesses suffered by Gulf War veterans, stituents are demanding of us: What is trade deficit of over $600 billion, a these often debilitating problems, the White House’s strategy for success record budget deficit of over $450 bil- could not be scientifically explained by in Iraq? How many Iraqi troops need to lion, and they have raised the debt ceil- stress or psychiatric illnesses; that vet- be adequately trained and sufficiently ing three times. As we stand here, our erans were having problems with their equipped, to take over the military national debt is over $7.8 trillion, and neurological and immunological sys- protection of that country? How many that is over $26,000 for each citizen. tems, and they were having it with a Iraqi police forces are needed to restore Mr. Speaker, let me tell my col- frequency that was twice those of peer law and order? How many more Amer- leagues, that is not the legacy that I veterans not deployed. ican dollars are needed to rebuild the want to leave to my children and my They cited a list of possible expo- infrastructure so that nation can be grandchildren and the children of sures, which included chemical weap- economically viable? And what does America. I hope it is not the legacy ons, biological weapons, drugs to pro- this administration consider to be po- that Members want to leave. tect them from biological and chemical litical stability? f weapons, depleted uranium, oil well These are reasonable questions. We REFORM THE UNITED NATIONS fire smoke, diesel fuel, jet fuel, and on should have had the answers before we and on and on. went to war, but we must demand them (Ms. ROS-LEHTINEN asked and was Today, Congress will have before it a now. It is unfair, not only to the moth- given permission to address the House budget-neutral amendment that will ers and fathers of our soldiers, but to for 1 minute and to revise and extend give us a chance to do something about our senior military officers of our her remarks.) funding a program to help deal with country not to know where they are Ms. ROS-LEHTINEN. Mr. Speaker, I the problems that Gulf War veterans headed in Iraq. ask our colleagues to help stop sexual are experiencing. f predators among the United Nations f peacekeeping forces and vote in favor RESTORING HOPE, ORDER, AND of the Hyde U.N. Reform Act of 2005. PASSING NEEDED PENSION PURPOSE TO THE UNITED NA- It is monstrous that an international REFORM TIONS organization charged with assisting na- (Mr. PRICE of Georgia asked and was (Mr. WILSON of South Carolina tions to rebuild after major turmoil given permission to address the House asked and was given permission to ad- has experienced an alarming number of for 1 minute and to revise and extend dress the House for 1 minute and to re- scandals involving sexual harassment, his remarks.) vise and extend his remarks.) rape, sex trafficking, misconduct, and Mr. PRICE of Georgia. Mr. Speaker, Mr. WILSON of South Carolina. Mr. harassment. Even one instance of these pension plans are on the minds of the Speaker, the world has entrusted terrible crimes is appalling and unac- American people. Just typing the peacekeepers from the United Nations ceptable; but, unbelievably, over the words ‘‘pension plan’’ into an Internet with the tremendous task of promoting past decade their appearance is fre- search engine yields over 4,000 returns peace and international cooperation quent. in less than a second. throughout the globe. United Nations peacekeepers, the Americans are very concerned about Unfortunately, for years we have very people who have been sworn to their retirements. Couples who were watched U.N. peacekeepers neglect protect and assist those most in need, planning where they will spend their their lofty goals and actually con- in some instances have been the per- golden years now are trying to figure tribute to the demise of war-torn na- petrators of these deplorable crimes out what to do with shrinking pension tions. From the jungles of the Congo to against the most vulnerable of our pop- checks, as businesses struggle to fund the swamps of Sierra Leone, U.N. ulation, refugees. These crimes are yet their pension plans. peacekeepers have committed crimes, another example of the ways in which June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4565 the U.N. is currently unfit to operate released from Guantanamo. We should education are truly an invaluable serv- in its current state and must be re- learn a lesson from that. Let us make ice. I look forward to working with you formed in order to restore its integrity sure they stay there. on the Hispanic Scholarship Directory and its authority. f long into the future. I congratulate Through the United Nations Reform you and El Mundo on this milestone Act of 2005, the United States, as the ABUSE OF POWER BY and wish you all the best of luck in the greatest contributor to U.N. peace- REPUBLICANS next 25 years. keeping, will do away with all of these (Ms. LEE asked and was given per- Eddie, I am proud to call you a scandals. mission to address the House for 1 friend. Congratulations. f minute.) f Ms. LEE. Mr. Speaker, how can we URGING THE PROTECTION OF UPHOLDING THE PROMISES OF spread democracy abroad if it is being, AMERICA’S FLYING PUBLIC SOCIAL SECURITY quite frankly, abused here in the FROM THE THREAT OF SHOUL- (Mr. BERRY asked and was given House? permission to address the House for 1 The Republican abuse of power ap- DER-FIRED MISSILES minute and to revise and extend his re- pears to no know bounds. Last Friday (Ms. BEAN asked and was given per- marks.) the Republicans literally cut off debate mission to address the House for 1 Mr. BERRY. Mr. Speaker, when this on the renewal of the USA PATRIOT minute.) President was reelected, he announced Act. Apparently, it was not enough to Ms. BEAN. Mr. Speaker, I am here to proudly that he had political capital bar witnesses critical of the PATRIOT urge my colleagues to act now to pro- and he intended to spend it. He in- Act, or to force Democrats to fight to tect America’s flying public from the tended to replace Social Security. All get a critical witness in front of the threat of shoulder-fired missiles. of his proposals provide that we would committee, or to schedule that hearing Unfortunately, today, thousands of replace Social Security with something for a day when the House was not in portable, easy-to-use antiaircraft mis- less: ‘‘Let us give the working people of session. When dissenting voices started siles are in the hands of terrorist this country less than we promised.’’ to speak, the hearing was abruptly groups around the world, including al Qaeda. The FBI, CIA, State Depart- b 1015 ended, and the microphones were turned off. ment, and White House recognize this Social Security is a covenant be- serious threat. Now is the time for tween our working people and the Critics of the PATRIOT Act say that it represents the threat of unaccount- Congress to act. United States Government. They are Mr. Speaker, the Department of able, undemocratic government, and entitled to get what they have paid for. Homeland Security has been diligently the behavior of its Republican sup- They have worked all their days and working to apply successful military porters here only serves to prove that paid honorably into the system. Now technology to our commercial aircraft, point and is proof of that. this President and some of my col- and now, for the same cost as in-flight Hubert Humphrey once said that leagues on the Republican side say, I entertainment systems, we can install ‘‘Freedom is hammered out on the am sorry, we just do not want to do proven portable defense systems on anvil of discussion, dissent, and de- that anymore, so we are not going to passenger jets. bate.’’ pay you. You paid into the system; Just this week, the Chicago Tribune I hope that this Republican abuse of that is just your tough luck. We are editorialized that the financial costs of power will be ended before it is allowed just not going to do that. safeguarding our airlines are well to undermine our freedom. We do not need to replace Social Se- worth it. However, while we have spent Once again, how can we spread de- curity, we just need to fund it. billions of dollars on transportation se- mocracy abroad when it is being curity since 9/11, Congress has not yet f abused right here at home in the House committed to providing such protec- SUPPORTING CONTINUED OPER- of Representatives? tion. ATION OF DETENTION FACILITY f Last week, the gentleman from New IN GUANTANAMO BAY HONORING THE 25TH York (Mr. ISRAEL) and I introduced the (Mr. WESTMORELAND asked and ANNIVERSARY OF EL MUNDO Commercial Airline Missile Defense was given permission to address the Act, authorizing the TSA to provide (Mr. PORTER asked and was given House for 1 minute.) missile defense systems to our com- permission to address the House for 1 Mr. WESTMORELAND. Mr. Speaker, mercial passenger jets. Today I urge minute and to revise and extend his re- I rise today to call on my colleagues in my colleagues to cosponsor H.R. 2780 marks.) the House to support the continued op- and join us in protecting America’s Mr. PORTER. Mr. Speaker, I rise eration of the detention facility in business and family travelers. Guantanamo Bay, Cuba. today to honor the 25th anniversary of If it is proven that detainees have one of southern Nevada’s first Spanish- f suffered abusive treatment, we should language publications, the El Mundo. DOD APPROPRIATION take corrective action, but continue to I would also like to recognize the (Mr. GINGREY asked and was given operate the detention facility. dedication and perseverance of my permission to address the House for 1 I ask my colleagues, what good does longtime friend Eddie Escabedo, El minute and to revise and extend his re- it do to simply move to a different lo- Mundo’s founder and publisher. marks.) cation? The fact is, we have to put What began as a truly local commu- Mr. GINGREY. Mr. Speaker, I rise these enemy combatants somewhere. nity newsletter has grown to a news- today in strong support of H.R. 2863, What better place than a heavily paper that reaches 50,000 Nevadans and the Department of Defense authoriza- guarded island? many more through radio and tele- tion bill. Mr. Speaker, the detainees at Guan- vision affiliations. As we continue assessing our na- tanamo are not there for jaywalking or I applaud Eddie and all of those who tional defense strategy to guard our stealing a Snickers bar from the 7- have assisted him throughout these 25 Nation from threats at home and Eleven. They are well-trained, hate- years. The service that you provide the abroad, we must provide the necessary filled jihadists inflamed by an anti- Spanish-speaking community in south- funding for our military needs to keep American ideology. If they were re- ern Nevada has benefited us all by dem- us safe. leased back into the wild, they would onstrating our common needs, despite We in Congress often praise our serv- not return to a quiet family life of our diversity. ice men and women for the fine job shepherding in the mountains of Af- Eddie, it was great to see you in they do, but lipservice is not enough. ghanistan. They would simply take up Washington last week. Your efforts to We must back up our words with ac- arms to fight Americans again. provide our Spanish-speaking students tion. Already we have recaptured combat- with information on the resources The 2006 defense appropriation bill ants on the battlefield who had been available to them to continue their does just that. Mr. Speaker, $366 billion H4566 CONGRESSIONAL RECORD — HOUSE June 16, 2005 for our military will go to procure vital Hickory, North Carolina, got news that numerous scandals listed here on this weapons systems, to further research, Broyhill Industries, the big furniture poster, accounting errors, and then on to develop new technologies, and to company, would be cutting up to 1,009 top of this, in 2005, the U.N. asked for fund military operations in Iraq and jobs in Caldwell and Rutherford Coun- a $400 million budget increase. Afghanistan. The bill also includes a ties. This is devastating to my people Countries like Libya, Sudan, and 3.1-percent pay raise for soldiers, sail- in my district. This is only one chapter Cuba are on the U.N. Human Rights ors, airmen, and marines. in a long story of continuous layoffs in Commission, and we, the taxpayers, are Mr. Speaker, we have the most domi- western North Carolina. paying for this. nant military in the history of the My district, North Carolina’s 10th, is The United States sends more than world, and this bill will keep it that called by the Almanac of American $400 million a year to the U.N. We way. With this funding, we are giving Politics the most blue-collar district in spend billions of dollars in direct aid our defenders the tools they need to America. But many of those blue-collar and military aid, and no one can say keep us safe. jobs are being lost. The textile indus- we are not doing our fair share. Requir- f try has been devastated. The furniture ing the U.N. to try and find spending industry, we have lost a lot of jobs priorities is clearly not a bad thing; it URGING SUPPORT FOR SUCCESS- there as well. Towns Lenoir and is a good thing. Neither is asking them FUL WITHDRAWAL STRATEGY Rutherfordton are only the latest chap- to cut spending. If they are not using FROM IRAQ ter in a long series of job losses in the our money wisely, we should not be (Mr. RANGEL asked and was given region. sending as much. permission to address the House for 1 But I want my constituents to know, Mr. Speaker, I hope the House will minute.) Mr. Speaker, that there is help, there overwhelmingly support this important Mr. RANGEL. Mr. Speaker, I ask my is hope, and they can contact my con- and overdue legislation. colleagues to vote ‘‘no’’ on the previous gressional office. f question on the rule on the defense ap- In Congress we cannot keep compa- propriation bill so that the gentle- nies from closing, but there are some REPUBLICANS SILENCE OPPOSI- TION TO PATRIOT ACT IN COM- woman from California (Ms. PELOSI) things we can do, and we will act and might give us an opportunity to vote, do what is right for our people and do MITTEE HEARING to consider and vote on her amend- what is best for our country. (Ms. WASSERMAN SCHULTZ asked ment, which actually contains a strat- f and was given permission to address egy for success in Iraq by allowing or the House for 1 minute and to revise asking the President to tell us, within EXTENDING A WARM WELCOME TO and extend her remarks.) 30 days after the enactment, what is MEMBERS OF PARLIAMENT Ms. WASSERMAN SCHULTZ. Mr. his plan for success to bring the troops FROM MAIN OPPOSITION PARTY Speaker, while we are on the subject of home. IN ZIMBABWE arrogance, as a new Member of the Whether you voted for or against the (Mrs. CAPPS asked and was given House Committee on the Judiciary, the war, or whether you are concerned permission to address the House for 1 Republican majority, I noticed, has be- about it, everyone has to be concerned minute.) come so arrogant that they are now at- about our troops that are there. The Mrs. CAPPS. Mr. Speaker, I rise tempting to silence even the opposition way this war has been waged is putting a today to welcome three women Mem- from the minority party, preventing us huge strain on our men and women in uni- bers of Parliament from the main op- from giving any opposing testimony. form, and has become a threat to our armed position party in Zimbabwe, the Move- The latest abuse comes from the gen- forces’ capacity to meet future needs. And if ment for Democratic Change: the Hon- tleman from Wisconsin (Mr. SENSEN- you take a look at what is happening orable Thokozani Khupe, the Honor- BRENNER), the chairman of the Com- with our military being spread through able Paurina Mpariwa, and the Honor- mittee on the Judiciary. As the com- 120 countries, you will recognize that able Priscilla Mishiairambwi. mittee prepares to vote on the reau- the administration’s so-called ‘‘strat- In the face of continued repression, thorization of the PATRIOT Act, egy’’ requires more troops to add on to this Movement for Democratic Change Chairman SENSENBRENNER has con- the troops that are already in Iraq. is working tirelessly to realize democ- ducted 12 hearings on the issue, but has The problem that we are having is re- racy for Zimbabwe. The Congressional refused to allow almost any testimony cruitment. We are not finding, not- Caucus on Women’s Issues is honored from those who oppose the PATRIOT withstanding the increases in bonuses to host these leaders of Zimbabwe Act or its provisions. up to $40,000, that we are getting the today. Opposing testimony was allowed only recruits that we need. We also find that All three women have a remarkable after the gentleman from Michigan they reduced the standards. One no record of advocating passionately for (Mr. CONYERS) used the rules of the longer has to be a high school grad- the issues that affect women and soci- committee to force the chairman to uate; they are now taking sub-high ety in Zimbabwe. It is a real pleasure hold a hearing that included Demo- school graduates. And all the while, the to welcome leaders from other nations cratic panelists. Clearly miffed by this President has still made no direct appeal to who are working to bring about peace- action, the gentleman from Wisconsin areas of this country, other than those where ful democratic changes within their (Chairman SENSENBRENNER) scheduled jobs and opportunity are lacking, to join the country, and I know my colleagues will the hearing for just 18 hours later on a service and share in the sacrifices needed to join me in extending a warm welcome Friday morning when the House was defend this great republic. to them today. not even in session. And that is not the So I am hoping if you are concerned f worst of it. about our troops, you will give us a During the actual hearing, the gen- chance to ask the President, how in the U.N. REFORM tleman from Wisconsin (Chairman SEN- heck are we going to get out of this so (Mrs. BLACKBURN asked and was SENBRENNER) rudely cut opposition that we can preserve our armed forces and given permission to address the House voices off, and then abruptly and uni- stop taking advantage of the heroes who have for 1 minute and to revise and extend laterally concluded the hearing with- served far more than their fair share? her remarks.) out a vote of the committee. After f Mrs. BLACKBURN. Mr. Speaker, Democrats called a point of order, he today we will debate the U.N. Reform gaveled the hearing to a close and left LAYOFFS IN WESTERN NORTH Act, and I want to thank the gen- the room. When Democrats continued CAROLINA tleman from Illinois (Chairman HYDE) to voice their opposition, he turned the (Mr. MCHENRY asked and was given for making this a priority. We are try- microphones off. When that did not permission to address the House for 1 ing to bring change to an organization stop them, he turned the lights off in minute and to revise and extend his re- that has grown fat, happy, and arro- the room. marks.) gant off of American taxpayer dollars. Mr. Speaker, when are Republicans Mr. MCHENRY. Mr. Speaker, last Over the past several years, we have going to realize that the minority Wednesday, my congressional office in watched the oil-for-food scandal, and voice is an important one? June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4567 PAYING TRIBUTE TO CHUCK is allowed to appoint his chief of staff, and reported a rule for consideration of COLSON, FOUNDER OF PRISON he would be breaking the committee the House Report for H.R. 2863, the De- FELLOWSHIP rules by having a partisan staffer on partment of Defense Appropriations (Mr. GUTKNECHT asked and was the committee. Bill for Fiscal Year 2006. given permission to address the House Democrats want the Ethics Com- Mr. Speaker, when the Rules Com- for 1 minute and to revise and extend mittee to play by the rules. Please play mittee met, it granted an open rule, his remarks.) by the rules. providing 1 hour of general debate Mr. GUTKNECHT. Mr. Speaker, I rise f equally divided and controlled by the chairman and ranking member of the today to pay tribute to a convicted PROVIDING FOR CONSIDERATION Committee on Appropriations. This felon. OF H.R. 2863, DEPARTMENT OF rule waives all points of order against Earlier this month, with the reveal- DEFENSE APPROPRIATIONS ACT, consideration of the bill. For the pur- ing of Deep Throat, we were reminded 2006 poses of amendment, the bill shall be of Watergate, a pivotal event in Amer- Mr. COLE of Oklahoma. Mr. Speaker, ican history that also marked a major read by paragraph. Additionally, this by direction of the Committee on rule waives all points of order against turning point in the life of then White Rules, I call up House Resolution 315 House hatchet man Chuck Colson. In- provisions in the bill which fail to com- and ask for its immediate consider- ply with clause 2 of rule XXI, and it au- stead of returning to a career in the ation. private sector after serving his prison thorizes the Chair to accord priority in The Clerk read the resolution, as fol- recognition to Members who have pre- sentence, Colson felt called to return lows: to those still behind bars. printed their amendments in the H. RES. 315 RECORD. It provides one motion to re- b 1030 Resolved, That at any time after the adop- commit with or without instructions. In 1976 he founded Prison Fellowship, tion of this resolution the Speaker may, pur- Mr. Speaker, the committee believes suant to clause 2(b) of rule XVIII, declare the this rule will provide ample oppor- the world’s largest prison outreach or- House resolved into the Committee of the ganization. Whole House on the state of the Union for tunity for Members to fully debate the In 2002, after nearly 30 years of lead- consideration of the bill (H.R. 2863) making funding of our national defense. ing Prison Fellowship, Colson named appropriations for the Department of De- Mr. Speaker, I rise today in support former Virginia Attorney General fense for the fiscal year ending September 30, of the rule for H.R. 2863 and the under- Mark Earley as the man who would 2006, and for other purposes. The first read- lying bill. This important legislation take the organization into the next ing of the bill shall be dispensed with. All takes dramatic steps to further pros- generation. Now, June 16, 2005, marks points of order against consideration of the ecute the global war on terror, enhance another crowning moment as they bill are waived. General debate shall be con- our security, and improve the lives of fined to the bill and shall not exceed one dedicate new headquarters in hour equally divided and controlled by the our servicemen and women. It is a bill Landsdowne, Virginia. chairman and ranking minority member of that fundamentally addresses many of With over two million Americans be- the Committee on Appropriations. After gen- the transformative challenges faced by hind bars in the United States, Prison eral debate the bill shall be considered for our military in the future and imple- Fellowship is working to change hearts amendment under the five-minute rule. All ments many measures needed to meet and help return inmates to society as points of order against provisions in the bill those challenges. productive citizens. for failure to comply with clause 2 of rule Mr. Speaker, the Defense Appropria- Today we may dedicate bricks and XXI are waived. During consideration of the tions Subcommittee and the full Ap- bill for amendment, the Chairman of the propriations Committee have presented mortar, but we are truly giving thanks Committee of the Whole may accord priority that Prison Fellowship is not just an in recognition on the basis of whether the us with an excellent bill. This bill pro- organization; it is a movement of Member offering an amendment has caused vides us with a way to meet many of churches and volunteers in all 50 it to be printed in the portion of the Con- the current challenges that we face by States and now 108 countries around gressional Record designated for that pur- addressing the immediate require- the world pose in clause 8 of rule XVIII. Amendments ments of our forces as well as the ongo- Thank you, Chuck Colson, for saving so printed shall be considered as read. When ing need to transform our military lives by saving souls. the committee rises and reports the bill back through the adoption of new tech- to the House with a recommendation that nology, advanced methods of warfare, f the bill do pass, the previous question shall and innovative changes in military REPUBLICAN ABUSES OF POWER be considered as ordered on the bill and amendments thereto to final passage with- doctrine. (Ms. WATSON asked and was given out intervening motion except one motion to To fully appreciate the significance permission to address the House for 1 recommit with or without instructions. of H.R. 2863, one must understand the minute.) The SPEAKER pro tempore (Mr. four long-term challenges that we seek Ms. WATSON. Mr. Speaker, how FORBES). The gentleman from Okla- to address in this legislation. much does the majority leader under- homa (Mr. COLE) is recognized for 1 The first long-term challenge is a di- estimate the American people? For 6 hour. rect result of the procurement holiday months now the House Ethics Com- Mr. COLE of Oklahoma. Mr. Speaker, that was taken by our country in the mittee has been unable to meet be- for the purpose of debate only, I yield 1990s. To understand the consequences cause the Ethics Committee chairman the customary 30 minutes to the gen- of shortchanging our military during refuses to abide by the committee’s tleman from Massachusetts (Mr. this era, one need only to recall the own rules. And now, this week, the gen- MCGOVERN), pending which I yield my- ammunition accounts as they were tleman from Texas (Mr. DELAY) says it self such time as I may consume. Dur- funded, or perhaps better described as is the Democrats who are keeping the ing consideration of this resolution, all not funded, during this period. The fail- committee from meeting because, ac- time yielded is for the purpose of de- ure to maintain adequate stocks of am- cording to him, they want to delay his bate only. munition is a shortcoming we are only case before the Ethics Committee until GENERAL LEAVE now beginning to overcome. Addition- an election year. Mr. COLE of Oklahoma. Mr. Speaker, ally, one can see the adverse effects If the majority leader really wants I ask unanimous consent that all Mem- that a constant surge in deployments his case heard before the Ethics Com- bers may have 5 legislative days within in the 1990s had upon the maintenance mittee, he should persuade the Ethics which to revise and extend their re- levels of our hardware. This bill takes Committee chairman to abide by the marks on H. Res. 315. important steps to rectify that prob- ethics rules and appoint a nonpartisan The SPEAKER pro tempore. Is there lem associated with the procurement staff director. The rules of the com- objection to the request of the gen- holiday. mittee are clear that the staff be as- tleman from Oklahoma? Mr. Speaker, the second long-term sembled and retained as a professional There was no objection. challenge we must address on a con- nonpartisan staff. If the gentleman Mr. COLE of Oklahoma. Mr. Speaker, tinual basis is related to the trans- from Washington (Chairman HASTINGS) on Tuesday the Rules Committee met formation of our military forces. The H4568 CONGRESSIONAL RECORD — HOUSE June 16, 2005 famous Goldwater-Nichols legislation Since that time, the administration takes up at the beginning of each year, of 1986 altered the manner in which we and the Congress have made the tough and the other is this bridge fund. Re- organize to fight wars and committed decisions needed to rebuild our mili- member we had one last year too, and us to transforming the nature of our tary and expand its capabilities while it is attached to the annual defense ap- forces, transformation demands an on- waging a war on terror. This bill is an- propriations bill. going strategic, operational, and tac- other step in that process. It is well Mr. Speaker, it is no longer breaking tical review of our needs in relation to crafted, essentially bipartisan, and news that we are engaged in Iraq and technology, procurement and the de- moves us in the proper direction. Once Afghanistan. And it is critical for the velopment of joint warfighting capa- passed, this legislation will enhance economic and fiscal health of our Na- bilities. our security, enable us to fight the war tion that the now-predictable spending Each service, all our units and all our on terror, and improve the quality of for continued operations in Iraq and equipment must complement one an- life for our servicemen and women. Afghanistan be included in the regular other and contribute to the increased Mr. Speaker, to that end, I urge sup- budget process so we can plan for it, effectiveness of our forces. Trans- port for the rule and the underlying make the necessary budgetary trade- formation is not a goal in and of itself. bill. offs, and most importantly, Mr. Speak- It is a process of continuous change Mr. Speaker, I reserve the balance of er, so we can pay for it. and adaptation that makes our forces my time. We should be paying for this war more effective. This is an issue we Mr. MCGOVERN. Mr. Speaker, I want now, Mr. Speaker, not handing the cost must address on an ongoing basis. H.R. to thank the gentleman from Okla- off to our grandchildren. 2863 does just that. homa (Mr. COLE) for yielding me the Mr. Speaker, just this week the death Mr. Speaker, the third long-term customary 30 minutes. I yield myself 6 toll of American troops killed in Iraq challenge we face is related to our minutes. exceeded 1,700. Last month was one of force structure and manpower require- Mr. Speaker, I want to begin by com- the deadliest months in Iraq in the 2 ments. This legislation, while meeting mending the gentleman from Cali- years since President Bush declared the request of the President’s budget, fornia (Mr. LEWIS), the Appropriations the end of major combat operations. In also continues to fund additional forces Committee chairman and the gen- required to prosecute the global war on May of 2005, 67 U.S. soldiers and Ma- tleman from Wisconsin (Mr. OBEY), the terror. This is a good start. In future rines were killed by hostile fire, the ranking member, and the gentleman years, we will need to closely examine fourth highest tally since the war from Florida (Mr. YOUNG), Defense Sub- and, I believe, increase the size of our began. committee chairman, and the gen- forces. There is no short-term easy so- In a June 12 Knight-Ridder article tleman from Pennsylvania (Mr. MUR- lution to recruiting and maintaining entitled ‘‘Military Action Won’t End THA), the ranking member, for their the larger forces I personally believe Insurgency, Growing Number of U.S. continuing bipartisan work in drafting we will need in the dangerous world in Officers Believe,’’ Lieutenant Colonel the annual defense appropriations bill. which we live. Still, H.R. 2863 is a good Frederick P. Wellman, who works with I will not take time to detail the pro- interim step and one which we should the task force overseeing the training grams funded under this bill. However, take and support and build on in the of Iraqi security troops, said the insur- I would like to express concern and my coming years. gency doesn’t seem to be running out The fourth long-term challenge faced deep unease with a few aspects of this of new recruits. ‘‘We can’t kill them by the military results from the global spending bill. all,’’ Wellman said. ‘‘When I kill one, I war on terror. This is not a conven- Mr. Speaker, H.R. 2863 appropriates create three.’’ tional war. We are not fighting a na- $408.9 billion for the Department of De- Mr. Speaker, I personally believe tion state. We are fighting the adher- fense. That is $3.3 billion below what there is no military solution in Iraq, ents of a fanatical ideology that tran- the administration requested. This immediate or long term. General scends national borders and takes root total also includes $45.3 billion in George Casey, the top U.S. commander whenever and wherever it can. We are unrequested funds for operations in in Iraq, has expressed similar senti- involved in a generational war against Iraq and Afghanistan. Total defense ments. He has called the U.S. military these fanatics that will last for dec- spending now accounts for nearly 55 efforts ‘‘the Pillsbury Doughboy idea,’’ ades. It will require a wide range of percent of the entire Federal discre- meaning that if you press the insur- diplomatic, developmental, intel- tionary budget for fiscal year 2006. gency in one area, it only causes it to ligence, communications, and civil af- Now, while the Committee has rise somewhere else. fairs tools and activities to win. trimmed somewhat the administra- Mr. Speaker, I very much regret that The military component of this effort tion’s budget request, overall defense an amendment offered by the Demo- will be expensive and ever-changing. spending, in real terms, is currently cratic minority leader, the gentle- Hence, I believe we took a wise and im- about 20 percent greater than the aver- woman from California (Ms. PELOSI), portant step when we added $45.3 bil- age Cold War budget. was not made in order by the Rules lion in bridge funding in ‘‘Emergency Mr. Speaker, this is spending of his- Committee. This amendment is quite Wartime Appropriations’’ to this de- toric proportions. simple. It calls on the President to fense bill. It is something that indi- Since the spring of 2003, Congress has transmit to congressional leaders a re- cates our understanding of the long- appropriated approximately $250 bil- port on what is our strategy for success term nature of the challenge we face lion-plus for the war efforts in Iraq and in Iraq, one that identifies criteria to and our determination to commit the Afghanistan, largely through three determine when it is appropriate to resources needed to be successful. huge supplemental appropriations begin the withdrawal of our military Today, some Members may wish to bills. U.S. spending in Iraq alone will from Iraq. The gentlewoman from Cali- have a broad discussion on the situa- be at least 75 to 80 billion this year fornia’s (Ms. PELOSI) amendment is a tion in Iraq. I welcome that debate, alone. And it could approach a $400 bil- reasonable, thoughtful approach. For and the open rule attached to this leg- lion total by 2006, making the Iraq war the life of me, I cannot understand why islation will allow that discussion. one of the costliest in U.S. history. Ev- the Rules Committee would not make However, in the end, this bill is not eryone in this House expects the Presi- it in order. about Iraq. It is about providing the dent to ask for additional funds later men and women who defend our coun- this year, an expectation that I guess b 1045 try with the tools they need to prevail led the Committee to appropriate the Mr. Speaker, we need that kind of against those who would do harm to $45.3 billion in as-yet-unrequested clarity in our policy. We need a change, the United States. After the collapse of funds for operations in Iraq. of course, and at the end of this debate, the old Soviet Union, we took our secu- This so-called ‘‘bridge fund’’ means, I will ask my colleagues to vote ‘‘no’’ rity for granted and we underfunded Mr. Speaker, that we are, in essence, on the previous question so that the the military for a decade. September passing two appropriations bills for Pelosi amendment may be considered. 11, 2001, taught us the folly of our as- Iraq and Afghanistan. One is called the Mr. Speaker, there are some who be- sumptions in this regard. Iraq supplemental, which Congress lieve that our only responsibility in June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4569 this time of war is to automatically ap- bility for that program and assuring out the intelligence about what they prove appropriations bills, no questions that America does maintain air domi- were going to confront, without the asked. Let me remind my colleagues nance for the foreseeable future. I also equipment to protect them and with- that we also have a responsibility to do wholeheartedly agree with the commit- out a plan of what would happen after proper oversight, to conduct thought- tee’s assessment that the Department the fall of Baghdad. ful debate, and to ensure that there is of Defense should look into the future I, as well as many of my colleagues a clearly defined mission, which in- needs for the FA–22 fighter and con- on both sides of the aisle, have visited cludes when our men and women can sider both a multiyear contract and ex- with soldiers in Iraq and many of come home. That is what the Pelosi tending the procurement life of the whom are on their second tour of duty amendment seeks to accomplish, but program beyond fiscal year 2009. there. I have conveyed to those brave for some reason the Republican leader- I am especially appreciative for the soldiers, as I have to the wounded in ship does not want to talk about it. hard work of the gentleman from Cali- military hospitals in the United States To be honest, I do not think this ad- fornia (Chairman LEWIS) and the gen- and overseas, how grateful the Amer- ministration has a clue about what tleman from Florida (Chairman YOUNG) ican people are for their valor, their they are doing in Iraq, and, Mr. Speak- in restoring the multiyear contract for patriotism and the sacrifice they are er, that is a tragedy. the procurement of C–130Js. This is an willing to make for our country. They Clearly the current situation is not absolutely vital program, Mr. Speaker, have performed their duties with great what the administration predicted, but for our military’s current and future courage and great skill, and we are all instead of giving us a truthful assess- airlift capability, and I and our Nation deeply in their debt. ment, instead of candor and clarity, we are grateful for their strong support. Disagreement with the policies and are given spin. We are told that things Again, Mr. Speaker, I would like to the conduct of the war that sent our are going great. That is simply not thank the chairman and ranking mem- troops to Iraq, and which keeps them credible. ber of the committee for their hard in danger today, in no way diminishes Mr. Speaker, it takes no courage for work on this bill. the respect and admiration that we have for our troops. Sadly, their level a politician to stand before a micro- Mr. MCGOVERN. Mr. Speaker, I yield phone and say, we must stay the 1 minute to the gentlewoman from of sacrifice has not been met by the level of the administration’s planning, course. It is not our lives that are on California (Ms. PELOSI), our Demo- the line. We must recognize that the cratic leader, whose amendment was and now the American people agree. This war is not making America safer. Members of this House have a responsi- not allowed to be made in order by the This unnecessary, preemptive war bility that has for too long been ne- Committee on Rules last night. has come at great cost. More than 1,700 Ms. PELOSI. Mr. Speaker, I rise glected. of our troops have lost their lives, and We owe our troops, indeed we owe our today in opposition to action taken by thousands more have suffered wounds, country, some answers. I know that the Committee on Rules last night many of them, many thousands of this is not a comfortable topic, but I when they refused to grant a waiver for them, suffering permanent wounds. my amendment, which I will describe would plead with my colleagues on Since the war began more than 2 years in a moment. both sides of the aisle to start wor- ago, Congress has appropriated nearly First, I want to commend the gen- rying less about saving face and more $200 billion for the war in Iraq, and the tleman from Pennsylvania (Mr. MUR- about doing what is right. United States has suffered devastating THA) and the gentleman from Florida At the end of this debate, Mr. Speak- damage to our reputation in the eyes of (Mr. YOUNG) for their patriotism, for er, I will remind my colleagues I will the world. The cost in lives and limbs, their hard work on behalf of the safety be asking for a ‘‘no’’ vote on the pre- the cost in dollars, the cost in reputa- and security of our country and the vious question. tion has been enormous. Mr. Speaker, I reserve the balance of well-being of our troops. I say to the Then-Republican Senator from Ohio, my time. gentleman from Florida (Mr. YOUNG) Senator Robert Taft, soon to become Mr. COLE of Oklahoma. Mr. Speaker, congratulations and thank you for the majority leader, the Republican I am pleased to yield 2 minutes to the what you have done. leader in the Senate of the United gentleman from Georgia (Mr. The gentleman from Pennsylvania States, had this to say about our duty GINGREY). (Mr. MURTHA) is not in the room at the in time of war. He said, ‘‘Criticism in a Mr. GINGREY. Mr. Speaker, I thank moment, but I want to acknowledge his time of war is essential to the mainte- the gentleman from Oklahoma for great leadership, as well as that of the nance of any kind of democratic gov- yielding me time. gentleman from Wisconsin (Mr. OBEY), ernment.’’ He is a Republican. That Mr. Speaker, I rise in strong support our ranking member of the full com- was during World War II, and what he of the rule for the fiscal year 2006 De- mittee, and the gentleman from Cali- said was right, ‘‘Criticism in a time of partment of Defense Appropriations fornia (Mr. LEWIS), the new chairman war is essential to the maintenance of Act and the underlying legislation. of the full committee. They have all any kind of democratic government.’’ I would like to commend the gen- had a strong commitment to our na- Each passing day confirms that the tleman from California (Chairman tional defense, to our men and women Iraq War has been a grotesque mistake. LEWIS), the gentleman from Wisconsin in uniform, to the safety and security We are here today considering a rule (Ranking Member OBEY), the gen- of our country. They help us honor our for a defense appropriations bill that tleman from Florida (Chairman oath of office which calls for providing will provide another $45 billion for that YOUNG), the gentleman from Pennsyl- for the common defense. war, in addition to the hundreds of bil- vania (Ranking Member MURTHA) and I would have hoped that in this legis- lions of dollars already appropriated, the staff of the Subcommittee on De- lation that comes before us we would and the end is not in sight. This money fense for their tireless efforts in sup- have had an opportunity to give an ac- has been spent in Iraq without question port of our soldiers, sailors, airmen and counting to the American people as to by Congress, without accountability by marines who are bravely defending us the conduct of the war in Iraq. the administration and without suc- at home and abroad. As we all know, Mr. Speaker, this cess. Mr. Speaker, the bill does a remark- Sunday is Father’s Day, and many fa- Today we must also finally, if belat- able job of covering a wide scope of thers, young fathers, will be away from edly, heed the admonition of Senator issues that are vitally important to our their families. They will be in Iraq. Taft and pose questions. The questions armed services, both Active and Re- They will be in Iraq, just as many are long overdue, about the policies by serve components, and it clearly meets mothers were on Mother’s Day. These which the Iraq War is conducted. Con- the immediate needs of the warfighter. brave young mothers and fathers, sons gress did not discharge its responsi- I am particularly grateful for the and daughters, and many others are bility to oversee the policies at the work the Committee on Appropriations fighting a war of choice in which we start of the war, and it has not done so has done to fund the FA–22 program sent our young people in harm’s way since. The American people, particu- this year. The funding for 25 planes will without leveling with the American larly our troops who are serving in go a long way towards providing sta- people. They were sent into a war with- harm’s way, deserve better. H4570 CONGRESSIONAL RECORD — HOUSE June 16, 2005 If we defeat the previous question on Mr. COLE of Oklahoma. Mr. Speaker, Therefore, I think that what the gen- this rule, this is a technicality inside a I reserve the balance of my time. tlewoman from California is trying to baseball process here, but if we defeat Mr. MCGOVERN. Mr. Speaker, I yield do is infinitely reasonable; it is cer- the previous question on this rule, we 5 minutes to the gentleman from Wis- tainly prudent and fiscally responsible, can consider my amendment, which consin (Mr. OBEY), the ranking Demo- and it produces a product that every says to the President: ‘‘Within 30 days crat on the Committee on Appropria- soldier fighting in Iraq and Afghani- of enactment of this legislation, Con- tions. stan today has a right to see produced. gress expects an accounting from you Mr. OBEY. Mr. Speaker, I thank the They have a right to know that they as to what the strategy for success is. gentleman for the time. are not in an open-ended mess. They What security and political measures Mr. Speaker, I would strongly urge have a right to know that we know have you established that will bring that this House vote ‘‘no’’ on the pre- what we are doing. They have a right our troops home?’’ vious question for the reasons just laid to know that we will have some idea of Specifically, my amendment would out by the distinguished minority lead- how to gauge whether what we are require the President within 30 days of er. I think there are some other rea- doing is productive or counter- enactment, as I mentioned, submit to sons as well. productive. Right now, we are simply I happen to think that the Iraqi war Congress a report identifying the cri- flying blind. teria that will be used to determine is the dumbest war that we have en- I congratulate the gentleman from when it is appropriate to begin to bring gaged in since the War of 1812, but my Virginia for offering the original lan- opinion is not relevant on that point our troops home from Iraq. It does not guage on the supplemental. This is a today. We are there, and the question require that the troops be brought follow-up to that in a simplified is how do we best deal with the prob- home by a particular day. It requires version, but it aims at the same thing. lem now that we are. only that the means for judging when It says, ‘‘Mr. President, tell us how you they may be brought home be shared To me, it is irresponsible and mind- less for us to be involved in a war un- are going to determine whether this with the Congress. policy is a success or not. Quit the bull This is not new language. Under the less we have some kind of idea how we will define success. How will we know gravy. Give us specifics, not general- leadership of the gentleman from Vir- ized platitudes which the Congress has ginia (Mr. MORAN), even more ex- when we have won; or conversely, how will we know if and when this effort be- been getting on this subject for the last panded, more detailed criteria were set 2 years.’’ forth in the supplemental bill, which comes obviously counterproductive? Right now we have no specific meas- Mr. COLE of Oklahoma. Mr. Speaker, was agreed to in a bipartisan way. I be- I yield myself such time as I may con- lieve the gentleman from Florida (Mr. uring stick. All we know is that we are in a morass, and we are likely to re- sume. My main purpose here, obvi- YOUNG) was a party to that agreement ously, was to focus on the bill and the with the gentleman from Pennsylvania main there for years. I would predict American troops are going to be there rule for the bill, but I want to discuss (Mr. MURTHA). some of the concerns that my good So this is just raising the profile once for a decade under existing policy. I do friends on the other side of the aisle again of that requirement, and I com- not think the American people will have. mend the gentleman from Virginia stand for that unless there is a clear Frankly, I do not doubt their patriot- (Mr. MORAN) for his leadership, for his policy and a clear set of goals and a ism for a minute, and I welcome the attention to the detail of all of this, for clear set of tools to evaluate what it is discussion and debate. I think it is a providing some questions for much- we are doing. We need to know what very good one and a very important needed answers for the American peo- standard of success will be held up for one for the national purpose. But I ple. training Iraqi replacements. We need It is long time past due that the to know the answer to a wide variety think we ought to go back and recall a President level with the American peo- of other questions. little bit the situation in Iraq. We ought to remember who and what Sad- ple and tell them what the plan is for b 1100 our troops to complete their work in dam Hussein was. This was brought Iraq. Before any more money is pro- But there is another reason why I home to me very dramatically on my vided for this war, Congress must insist think this is important. The bill we first visit to Iraq in October 2003. I that this information be shared. will debate today spends $45 billion in a have since gone back on three addi- I hope that the administration will ‘‘bridge fund’’ for Iraq. That means tional occasions, plus to Afghanistan. honor the request, the bipartisan re- that we are bumping up against the I was talking with a young American quest, in the supplemental. This appro- ceiling in the budget resolution. The soldier. At that point we, like every priations bill, which has even more problem is that the $45 billion in the other intelligence service in the world money for Iraq, is an appropriate place defense bill today only pays for 6 and most people in the world, thought for us to make that request as well. months of the war. How are we going to there were WMDs in significant quan- This is an enormous issue in our pay for the other 6 months? The answer tities in Iraq, although I do hasten to country. Our troops are in harm’s way. is, we do not know. All we know is that point out the capacity to acquire and Their actions there, again, have been the next time a supplemental comes up to develop those was still very much marked by their patriotism, their skill, to pay for that war, we are going to there and Mr. Hussein was still work- their love of our country and their have to find $40 billion or more. ing himself out of U.N. sanctions and courage, but we have to let them know I would suggest if we have to do that, placing himself in a position to do what the goal is and when we have ac- there are only two ways that are re- that. complished it so that they can come sponsible: one is to require the Budget So I still think we were right to have home. Committee to come up with another acted early. But this young soldier I hope that we will have bipartisan resolution which spells out how we are that I was visiting with, I asked him: consensus for a strategy for success in going to pay for that additional $40 to We’ve been here a considerable amount Iraq. $45 billion without raising the deficit. of time. We’ve not found the quantities Regrettably, the Republican major- The second way to do it would be to of WMDs we expected. Do you think it ity on the Committee on Rules refused have reconciliation instructions to the was a wise decision to come? to make my amendment in order. Ways and Means Committee to actu- He was quiet for a moment and Therefore, opposing the previous ques- ally find ways to raise enough revenue looked at me and he said: Yes, sir, I tion on the rule is the only way that to pay for that next $40 or $45 billion so will tell you regardless, and I still we can force this issue on the defense that we do not increase the deficit even think they had the capacity, but re- appropriations bill. further. If we do not do one of those gardless I think it was a good decision I urge my colleagues to vote ‘‘no’’ on two things, then this House engaged in to come. that vote and to ‘‘yes’’ for account- an elaborate sham when it passed the I said: Why? ability for a safer America. last budget resolution, because every- And he answered my question with a I thank the gentleman from Massa- body knows it only paid for half the question of his own. He said: Sir, have chusetts (Mr. MCGOVERN) for his time. cost of the war this year. you ever been to a mass grave site? June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4571 I said: No, I haven’t. secure. I would argue that anybody there deserve more from us than they He said: I have. He said, Until you’ve that believes somebody like Zakawi have gotten. seen hundreds of wailing women as would not be busy trying to kill Ameri- That is the reason why I hope people bodies are coming out, one after an- cans someplace in the region or in the will vote ‘‘no’’ on the previous ques- other, trying to identify, is that a fa- world probably is missing the point. tion, to give us an opportunity to force ther, is that a son, is that a husband, is Our troops are engaged there and are this administration to do what it that a brother, you don’t know what engaging an enemy that, left otherwise should have done a long time ago and terror really is. He said: My question is free to operate, would be busy trying to that is define what this mission is all why the whole world wasn’t here 10 kill other Americans as they dem- about. years ago. onstrated pretty dramatically on 9/11. Mr. Speaker, I yield 5 minutes to the That is a very interesting question to I would also argue that over time the gentleman from Virginia (Mr. MORAN). ask. Because we of all people had the best way to transform the region is ex- Mr. MORAN of Virginia. I thank my ability 10 years previously to have done actly the one that the President sug- friend and colleague from Massachu- that. We had just won a war with Sad- gests, that is, to establish a func- setts for yielding me this time. dam Hussein, we stopped at the border, tioning democracy. I have a lot of faith Mr. Speaker, I am very much inter- and we actually urged people on the in the Iraqi people. I have met the po- ested in the debate that just took other side to rise up, and they did. And litical leaders there. I saw the courage place. I cannot help but be mindful of 50,000 of them were killed by Saddam of people going out. I talked to a young the fact that we are still debating Hussein and neither we nor our coali- soldier on the way back just after the today the advisability of going to war tion allies did anything to help. elections actually in March of this year in Vietnam which concluded 30 years So I think looking at what was going who had been wounded at Mosul. ago and we may continue this debate on in Iraq, looking at the 400,000 I asked him: Were you there for the on the Iraq war for another generation. deaths, looking at the 263 identified elections? But the comments that the gen- mass grave sites and looking, frankly, He said: Yes, sir, I was. It was the tleman makes are really not particu- at our responsibility to have done proudest moment in my 15 years of larly relevant to this amendment that something when, indeed, for a decade service to my country. I was never so we are focusing on in the rule. I did not we did nothing is something that we proud of my unit, my Army or my feel we should go into the Iraq war ought to think about and, frankly, country for what we accomplished. without an adequate exit strategy and something that the whole world ought And, frankly, I was enormously proud without more reliable information con- to think about. and impressed with the Iraqi people necting Saddam Hussein to the 9/11 at- Just 2 weeks ago, or last week, actu- who came out and demonstrated their tacks, but I was in the minority. The ally, the New York Times ran an arti- determination with our help to estab- Congress gave the President the au- cle on another mass grave site that had lish a free society. thority to go to war in Iraq. We accept been located, was being frankly ex- So I think we should have this dis- that. But we did not give the President plored, if that is even the appropriate cussion. I think it is a good discussion the authority to spend an unlimited term, in preparation for Saddam Hus- for us to have. But I think we should amount of money. We did not give the sein’s trial, and in that there were 2,500 remember the horror that was there President the authority to take an un- people, almost all of them women or before the Americans intervened, the limited amount of time in completing children, some of them as young as 3 or process that is under way that will not the mission in Iraq. We certainly did 4 years of age. That is the type of thing only improve the lives of the people in not give the President the authority to that American intervention in Iraq Iraq but is essentially the manner in expend an unlimited number of Ameri- stopped. My friends on the other side which we hope someday to be able to cans’ lives in pursuing that mission. say, Well, are there any signposts? Any leave a self-governing and free country. We have to retain our oversight respon- hope? It is not going to be an easy task. It sibility. I think that is a very legitimate is not going to be a simple task, but it In the newspaper today, in The Wash- question to raise, too, because there is is a noble task and it is one I think ington Post, maybe some of my col- no doubt this has been a rough road that the men and women engaged in it leagues were struck at the juxtaposi- that we have walked down and no that wear the uniform of the United tion of headlines, one headline says, doubt, and I think my friends are ap- States can be extraordinarily proud of ‘‘Bush Is Expected to Address Specifics propriate when they raise this, that it and, frankly, something that all of us on Iraq.’’ And on the page facing it, it has not gone as predicted and as can be grateful to them for accom- says: ‘‘Exit Strategy on Social Secu- planned and it has been a very, very plishing and running such great risks rity Is Sought.’’ Interesting juxtaposi- difficult process. to achieve. tion. But in the story on Iraq, the But I think we ought to stop and Mr. Speaker, I reserve the balance of White House spokesperson says, the look at the Iraqis on the ground and my time. President takes seriously his responsi- see what they are doing, the fact that Mr. MCGOVERN. Mr. Speaker, I yield bility as Commander in Chief to con- a constitutional government has been myself such time as I may consume. tinue to educate the American people established or is being established, the Let me just respond to the gentleman about our strategy for victory. fact that 8 million people came out to briefly by saying that I do not believe That is all this amendment was vote under the most difficult of cir- that we are more secure today. We about. That is all we are asking for, cumstances, the fact that we have elec- were not told the truth about this war some reasonable information that is tions scheduled for October and again in Iraq. We were not told the truth critical for assessing how well we are for December of this year, an extraor- about WMDs or Iraq’s tie to al Qaeda. doing, how much in the way of re- dinary achievement by very brave The justification for this war was based sources are necessary. We put that lan- Iraqis under very difficult cir- on false or falsified information. guage into the conference on the Iraq cumstances to set up what we most Things are getting worse. And this ad- supplemental. The gentleman from need in that part of the world, which is ministration does not have a clue. Pennsylvania (Mr. MURTHA) and I had a functioning democracy. I was in Iraq as well. I saw firsthand it put into report language. The minor- That would not be possible without what is going on over there. What the ity leader asked that that language be- the sacrifice and the service of the gentlewoman from California (Ms. come bill language as part of the de- brave men and women of the United PELOSI) is trying to do is to get some fense appropriations bill. States military. That is one of the clarity, to get the administration to I do not think it is inconsistent with things they are accomplishing. Their come out and explain to us what their what the White House acknowledges is first accomplishment, of course, is to strategy is, if they have one, and if their responsibility to provide us with make us more secure. I think it is al- they do not, to try to get them to come measurable criteria for success in Iraq. ways legitimate to ask, are we more se- up with one. This is a very serious mat- What level of military capability is cure or less secure as a result of the ter. Those men and women who are necessary for the Iraq forces, what war in Iraq? I would argue we are more serving our country so bravely over level of economic viability is necessary H4572 CONGRESSIONAL RECORD — HOUSE June 16, 2005 for the Iraq economy, what level of po- the rule provides for. Most of the de- This is not an Iraqi war. Iraq just litical stability is necessary for the bate has been at a different level on the happens to be the battleground today. Iraq Government. issue of the so-called war in Iraq. I may It is an expensive war, and it is an ex- That is what we are asking. More im- get in a little trouble here, but I do not pensive war in the lives of our per- portantly, that is what our constitu- think we should call this the Iraqi war sonnel. And we want to conclude this ents are asking. If we had a child in or the war in Iraq. This is a global war war against terror as quickly as we that war, would that not be the first against terrorism, against terrorists, can, as effectively as we can. And the thing we would want to know? What who hide and strike from cover. That is civilized world has a responsibility does it take to accomplish the mission what this war is about. The Iraqi part that they are not meeting to help the so they can get back home to their of the war, because of the tremendous United States in this effort to allow loved ones? military capability that we have, that this established government in Iraq to The Government Accountability Of- war was over quickly. Saddam Hus- take a strong hold and to be able to fice, the GAO, just gave us a report sein’s villainous regime was toppled provide for their own security as we that states that ‘‘U.S. Government quickly and effectively. Saddam’s mili- battle against the forces of terrorism agencies do not report reliable data on tary was either defeated or ran for wherever they might be. the extent to which Iraqi security cover. That part of the war was over Let us pass the previous question, let forces are trained and equipped. The re- early, and the President said, ‘‘Mission us pass the rule, and let us pass this ported number of Iraqi police is unreli- accomplished.’’ That was accom- very good bipartisan defense appropria- able because the Ministry of Interior plished. Saddam was gone. His bad tions bill and get on with our work. does not receive consistent and accu- guys were gone. Mr. MCGOVERN. Mr. Speaker, I yield rate reporting from the police forces What we are dealing with today is a myself such time as I may consume. around the country. war on terror, a war against terror. I would just say to the very distin- Further, the Departments of State The battleground today happens to be guished gentleman from Florida, whom and Defense no longer report on the ex- Iraq. The battleground today is in Iraq. that I have a great deal of respect for, tent to which Iraqi security forces are On September 11 of 2001, the battle- that all these terrible terrorist acts equipped with their required weapons, ground was in New York City when ter- that he has cited were committed by al vehicles, communications equipment, rorists attacked the World Trade Cen- Qaeda. And, unfortunately, most of and body armor. Without reliable re- ter, killing several thousand of our those masterminds are still at large be- porting data, a more capable Iraqi people. That was the battleground cause our forces have been diverted force, and stronger Iraqi leadership, then. The battleground was at the Pen- into this war in Iraq, and they are not the Department of Defense faces dif- tagon just across the river from the focused in on where they should be, on ficulties in implementing its strategy Capitol on September 11. That was the bringing to justice those members of al to draw down U.S. forces from Iraq.’’ battleground then. Today it is in Iraq. Qaeda who are the masterminds of I quoted all those words. That is our On February 26 of 1993, the battle- these crimes. GAO. We are not fighting the issue of ground again was at the World Trade Mr. Speaker, I yield 3 minutes to the the war. We are trying to exercise our Center where terrorists attacked. Six gentleman from Massachusetts (Mr. oversight responsibility. What number lives were lost in that attack. The bat- MEEHAN). of Iraqi military forces are going to be tleground again was on June 25 of 1996, Mr. MEEHAN. Mr. Speaker, I thank necessary, adequately trained, suffi- at the Khobar Towers in Saudi Arabia, the gentleman from Massachusetts for ciently equipped so that we can turn the home of our Air Force personnel yielding me this time. over some of the military responsi- who were working there at the airbase. Our strategy to win the peace in Iraq bility? What number of Iraqi police Nineteen lives were lost. That was the is failing. We have been killing or forces are necessary to restore law and battleground in this global war on ter- eliminating 1,000 to 3,000 Iraqi insur- order in that country? ror. On August 7 of 1998, the United gents a month for 17 months, and in States Embassies, our sovereign prop- that same period of time, the insur- b 1115 erty in Kenya and Tanzania, were gency has quadrupled. If we talk to How much more in the way of Amer- bombed. Two hundred and fifty-nine people in the theater in Iraq today, ican dollars are going to be necessary lives were lost, including 11 Americans. they would tell us that that insurgency to reconstruct the infrastructure of the That was the battleground then. On is anywhere from 150- to 200,000 people. Iraqi economy so that it will be eco- October 12 of 2000, USS Cole, off the So what do we want to do? The gen- nomically viable? And how much more shore of Yemen was attacked by terror- tlewoman from California (Ms. PELOSI) in the way of political stability will be ists. Seventeen sailors lost their lives, wants to have an amendment asking necessary so that they could start to and many, many more were wounded the President to come up with a suc- govern themselves? Until we get those seriously. That was the battleground in cess strategy. We do that to support questions answered, we do not know this global war on terrorists then. our men and women in uniform and to where we are going. And if we do not The battleground today is in Iraq and support the administration’s coming know where we are going, we are never Afghanistan, but it is not the Iraqi up with an exit strategy, because it has going to get there. war. That just happens to be the bat- been 25 months and 1,700 American fa- Mr. COLE of Oklahoma. Mr. Speaker, tleground today. We are trying to pre- talities since the President declared I yield such time as he may consume to vent any further battlegrounds in the ‘‘mission accomplished’’ in Iraq. For the distinguished gentleman from Flor- United States or anywhere else in the over 2 years we have stayed the course, ida (Mr. YOUNG). civilized world. and it has brought us only casualties Mr. YOUNG of Florida. Mr. Speaker, If I were going to make a criticism and less stability. first I want to thank the gentleman today, I would criticize many of our After returning to the United States from Oklahoma for yielding me this friends in the civilized world because from Iraq, I suggested 5 months ago time, but primarily for the outstanding we now have an established govern- that we needed to think of an exit statement he has made during the dis- ment in Iraq, elected by large numbers strategy. Five months later the case cussion of this rule. of Iraqi people. We are seeing that gov- for an exit strategy has only grown I also want to thank the ranking mi- ernment attacked because the major stronger. And having an exit strategy nority member, the gentleman from loss of life since that government was does not mean cut and run. It means Wisconsin (Mr. OBEY) and the gen- established has been of the Iraqis having a blueprint for achieving our tleman from Pennsylvania (Mr. MUR- themselves. Where is the rest of the goal of leaving the Iraqi people sov- THA), because the bill that we will be civilized world in fighting this war on ereign and truly independent. And it is working on after this rule is adopted is terror? They have already been subject not a novel idea. All we are asking is a bipartisan bill, as any wartime bill to terror in many parts of the world, for this President to have the same should be. and they will continue to be as long as principle he had when he was Governor But I think most of the debate on the the terrorists reign free and roam the of Texas, when he said, ‘‘Victory means rule has not been about the bill that globe free. exit strategy.’’ It is important for the June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4573 President to explain to us what that they will not stay the course, that they pens to be in the insurgency. It is also exit strategy is, and that is what Gov- will quit and run. a pretty worrisome thing if one hap- ernor George W. Bush said relative to I tell the Members that some of the pens to be part of the forces of democ- our campaign in Kosovo, and it is more most surprised people that I met when racy. At that point whether we have relevant today in Iraq than it was even I was in Iraq came in two categories succeeded or not, whether or not the then. when I was there in March after the government is able to deal with the in- Any successful strategy in Iraq has elections. First, I met with a group of surgency on its own, the Americans are to address the fundamental factors the newly formed United Iraqi Alli- saying, sayonara, we are out of here, that are continuing to fuel the insur- ance, basically a group of Shia and good-bye. That is a catastrophic mis- gency. One of those factors, Mr. Speak- other people who are now the majority. take. That, in my opinion, would un- er, is the suspicion that the United And we were visiting about the polit- dermine the sacrifice, the effort, and States is going to occupy Iraq indefi- ical process there, and one of the indi- the service so far. nitely. And until we lay out a frame- viduals I was visiting with, now a lead- So, again, I welcome the debate. And work with the Iraqi Government to er in the government, made the point I hope at some point in the discussion bring our troops home, the Iraqi people that, We were not sure that you would on the rule we can get back to this ex- will never feel that they have control actually allow free elections to occur, cellent piece of legislation, which I of their own destiny. and you did, and we are astonished and think really is important, and where, A fundamental problem with our pleased and committed to staying the frankly, there is bipartisan unity in failed strategy has been the failure to course. So our next question is, will terms of the things we need to do to counter the suspicion among the Iraqis you stay here and help us against the move our military forward. that the United States intends perma- people that want to take us back to the Mr. Speaker, I reserve the balance of nent occupation. We are pouring con- era of Saddam Hussein, back to that my time. crete all over that country, and in regime, because we are going to need Mr. MCGOVERN. Mr. Speaker, I yield order to build credibility for the new your help in this transition process? myself such time as I may consume. government and make clear that our That is a very legitimate question. If the gentleman from Oklahoma has forces in Iraq are only temporary Do we have the political will to stay a strategy on Iraq or knows that the peacekeepers, we need to renounce any while the people that are elected put Bush administration has written down intention of a long-term presence in together the government that they such a strategy, would he please share Iraq. There are difficult and funda- need to succeed? So we are going to see with us a copy because I have yet to mental questions about Iraq’s future, that in the course of the coming time. see one? the structure of government, the de- But I think we should be more under- Mr. Speaker, I yield 3 minutes to the gree of influence and religious and po- standing that there is a strategy and gentleman from South Carolina (Mr. litical minorities. All of these things that there is a process under way that SPRATT). have to be worked out. But this process is producing good results for the Iraqi b 1130 must be fully inclusive. It is our obli- people, that is giving them actually a gation to press the process and pulling government for the first time that they Mr. SPRATT. Mr. Speaker, the after- Iraqis out of the insurgency, pulling choose. math of the war in Iraq has been them into the political process. A clear I also met with a group of Sunnis marred by miscalculations and mis- exit strategy would help splinter insur- who were dissidents, who were not par- takes, made up for in many cases by gent groups and help them set aside ticularly supportive of the process, and our troops, who have filled the breach their own differences. The only reason in the course of our discussion, a num- brilliantly by improvising, often doing they have united is to unite against us ber of them made the point, We made a duty for which they were never in our occupation. We should support big mistake. We should have partici- trained. You cannot go to Iraq and talk this strategy. pated in the last elections. The situa- to our troops in the field and come Mr. COLE of Oklahoma. Mr. Speaker, tion in the country would be different. home without saying to yourself, I yield myself such time as I may con- We would be at the political table. We thank God there are such Americans. sume. would be in a position to affect what is But their valiant efforts would have I have great respect, Mr. Speaker, for happening. But we also did not have been more effective if the Pentagon my colleagues on the other side of the faith that the United States was seri- had not ignored General Shinseki and aisle for their passion and their com- ous about democracy. But we look at deployed too few troops initially to se- mitment, but I think they are make a the outcome of the election, and we un- cure the country and capitalize on our fundamental mistake in their argu- derstand that indeed you were, and we victory in battle. ment about Iraq. I think what they intend to participate as we move for- Their efforts would have been more want is a timetable, not a strategy. ward. effective if the Pentagon had not ig- We have a strategy. It is called get- I think the gentleman from Florida nored General Garner and cashiered ting an elected government up and made a very good point. We need to the entire Iraqi Army. operational that can defend itself. We recognize that most people in Iraq are Their efforts would have been more have made important steps along the on the same side we are. Most people in effective if we had moved much sooner way in succeeding in that strategy. We Iraq want a democracy, and most peo- to set up a representative government have turned over power to the Iraqis. ple believe that our presence there is and stand up Iraqi security forces to The Iraqis have had an election. They important in ensuring that that proc- whom we can ultimately and must ulti- have an elected government that, as we ess take root and actually succeed. I mately hand over the responsibility for debate here, is debating there about think if we stay the course, frankly, in securing their own country. the constitution that they want to time we will be very pleased with the Before we disengage from Iraq, we have, that they want to live under, result, but, more importantly, we will have to do both of the above. I firmly that they want to put in front of their have restored faith. believe that. We have to stand up secu- people to approve of in October, fol- My friends on the other side of the rity forces, and by that I mean police lowed by scheduled elections in Decem- aisle say people question our intention and border guards and the army, ade- ber for a government. about staying long term. I can tell quate to stabilize the country; and we I remind my friends that while they them from my personal experience it is have to steer the Iraqis through the call for an exit strategy and a date cer- exactly the opposite. They doubt our shoals towards the adoption of a con- tain, our friends in Iraq want exactly willingness to stay. I would suggest stitution and the election of a govern- the opposite of a date certain. Repeat- that setting dates certain would sound ment under that constitution. edly, the elected leaders, the elected more like a surrender strategy than an We cannot leave any sooner without leaders in Iraq, the people who have exit strategy, more like we can count risking the collapse of Iraq into a frac- the voice, the mandate of the people on at this particular point that the tious and bloody civil war which could behind them, have said, Our biggest Americans will not be here anymore. very well require us to return. I believe fear about the United States is that That is a nice thing to know if one hap- that. H4574 CONGRESSIONAL RECORD — HOUSE June 16, 2005 But to be sure that we are moving tion: What is the plan to bring our did they expect other incidents inside systematically in the right direction, troops home? The purpose of this fund- the domestic confines of the United the minority leader, the gentlewoman ing bill is to provide for our national States, they would have said yes, and from California (Ms. PELOSI), is asking defense. Yet in the same way that this they would have expected them in for a yardstick, milestones, by which war has made us less safe, the funding rather short order. It is a little short of to measure our progress. This is not a priorities in this bill are for weapons miraculous that we have not had that plan of withdrawal. If it were, I would systems and military contractors, and horrific incident occur again. It could not vote for it. This is a strategy for billions of additional funds are unac- occur at any moment. As the President success. counted for in waste, fraud, and abuse. has said repeatedly in recent months, Let me give you one reason from a This only undermines our national in- America is safer; America is certainly budget perspective why we need it. Ba- terest. not safe. sically, the budgets in the out years be- Mr. Speaker, we must get our fund- But I would argue, again, the engage- yond 2006 contain no estimation of ing priorities right. And the American ment of the enemy a far distance away what the deployments in Iraq, Afghani- people need to know what the Presi- from the United States and in a meth- stan, and North American Air Defense dent’s plan is. What is his strategy? od that keeps them tied down has actu- are costing us. Even though the cost is What does he consider success? The in- ally contributed to the security of our $80 billion to $100 billion a year, it is formation that the Pelosi amendment country. This excellent piece of legisla- not included in the budget. is requesting is absolutely necessary to tion will enable our military to con- CBO undertook to estimate, to begin what the American people are de- tinue to do the outstanding job it is model, what our likely deployment in manding, and that is the withdrawal of doing. Again, on that piece of legisla- Iraq may cost, because otherwise there the United States Armed Forces from tion, at least, I am delighted there is is a gaping hole, an unrealistic aspect, Iraq. bipartisan unity. to the budget. Their estimate was that It is incredible to me that we are sac- Mr. MCGOVERN. Mr. Speaker, I yield if we drew down to 20,000 troops in the- rificing our funding needs for our crit- 2 minutes to my colleague, the gen- ater by the end of 2006 and 20,000 troops ical efforts here in America, such as for tleman from Massachusetts (Mr. in Afghanistan by the end of 2006, and housing and health care and education. OLVER). then taper that force off over the rest Once again, we must get our funding Mr. OLVER. Mr. Speaker, I rise to of the remaining 10-year period, the priorities correct. We must get them urge a ‘‘no’’ vote on this rule. A little cost over 10 years would be $384 billion. straight. We must know what the over 2 years ago, the President an- That is a significant item. President’s plan is. We must know nounced on that aircraft carrier off If that is what is in the cards, if that what he intends to do. The Pelosi San Diego, ‘‘mission accomplished’’ in is what is likely, given the strategy for amendment gets that information. I Iraq. Today, we must ask what really success, we need to know it, we need to urge an ‘‘aye’’ vote. has been accomplished with the hun- plan for it, we need to be expecting it. Mr. COLE of Oklahoma. Mr. Speaker, dreds of billions of dollars that the Given what is at stake, given the I yield myself such time as I may con- United States has spent and will spend. lives that have been lost, given the bil- sume. Iraq is in chaos. 1,714 U.S. service- lions that have been spent, what we are Mr. Speaker, I want to take this op- members have been killed and 12,855 asking is a modest request to make of portunity to differ with an underlying wounded. In the first half of this month the Pentagon; and, Mr. Speaker, it in- assumption that has been made by a alone, 431 Iraqi citizens have died ran- volves the sort of planning that I would number of my friends on the other side domly at the hands of insurgents and hope they would be doing anyway and of the aisle, which is that we are some- terrorists. Multiple car bombings have should be sharing with us if they are how paying an extraordinary amount become a daily occurrence in Baghdad doing it. of our national wealth for defense. I and throughout Iraq. The elected gov- I would therefore urge a ‘‘no’’ vote on would actually argue quite the oppo- ernment is struggling to gain control the previous question and a vote for site. and cannot provide security for its citi- the leader’s amendment. In 1959 and 1960, at the height of the zens. Mr. COLE of Oklahoma. Mr. Speaker, Cold War, this country spent 50 per- Just 2 weeks ago, the New York I reserve the balance of my time. cent, 50 percent, of the entire Federal Times and international news organi- Mr. MCGOVERN. Mr. Speaker, I yield budget on defense, almost 9 percent of zations reported our Marines’ discovery 2 minutes to the gentlewoman from the gross national product, an enor- of an enormous underground bunker California (Ms. LEE). mous sum of money. near the city of Fallujah that was used Ms. LEE. Mr. Speaker, I thank the 1980, fast forward, Ronald Reagan, we by insurgents as a hideout and weapons gentleman for yielding me time and for are spending about 6 percent of the cache. This bunker is the size of four his leadership. Gross National Product and about one- football fields and sports dormitories, Mr. Speaker, I rise in opposition to third of the Federal budget on defense. with full kitchen, showers, and sanita- this very misguided $409 billion defense 1990, 4.8 percent of the gross national tion facilities. This is just the largest appropriations rule and bill. As the product and a significantly lower per- example of the weapons caches patrols proud daughter of a veteran of two centage of the Federal budget. find every week. How can we call the wars, I believe that our Nation is best Today, about 3.7 percent of the na- mission a success when insurgents can defended by funding priorities that tional wealth and about 18 to 19 per- operate so freely as to still utilize truly make our Nation and world safer. cent of the total Federal budget. bunkers of this size? This bill, I am sorry to say, does not do I could make a pretty good argument All of this simply underscores how that. that either, one, we are very efficient spectacularly and tragically wrong our What does it say about our priorities because we are actually defending the civilian leadership, from Secretary when Congress appropriates $45 billion country for considerably less of its na- Rumsfeld right up through President, more for the unnecessary war in Iraq, tional wealth than we have done at any was when they rejected military com- without any accountability, direction, period in the postwar period; or we manders’ advice that at least 300,000 or exit strategy or even a plan to end need to be doing more. I would argue troops would be needed on the ground this permanent occupation? Does the toward the latter, actually. I think we to occupy and pacify Iraq. President plan to have permanent should be doing more, and I think this Mr. Speaker, as we discuss this bill, I bases in Iraq? bill is a step in that direction. urge my colleagues to think about We are in an impossible situation. The second assumption that I want whether our huge commitment, the Taken to war under false pretenses, our to disagree with is that we are some- thousands of young lives lost and the troops have become the very rallying how less safe today because of the Iraqi hundreds of billions of dollars spent, is points for the insurgency they are try- war. That is asserted, never dem- being deployed effectively and wisely. ing to contain. onstrated. It is very late in this Iraq tragedy. This administration continues to The reality is, I think, if you asked Congress needs to force the develop- stonewall what is a very simple ques- most Americans on September 12, 2001, ment of a workable strategy to achieve June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4575 stability in Iraq and then bring our Mr. Speaker, the Pelosi amendment cluding one from Knight Ridder, last week. young men and women home. That was would require the President to submit ‘‘We push in Baghdad—they’re down to about the subject of the distinguished minor- to Congress within 30 days a report on less than a car bomb a day in Baghdad over ity leader’s amendment which this rule a strategy for success in Iraq. That is the last week—but in north-center (Iraq) . . . they’ve gone up,’’ he said. ‘‘The political denies. it. process will be the decisive element.’’ I urge a ‘‘no’’ vote. Mr. Speaker, whatever one’s position The recognition that a military solution is Mr. COLE of Oklahoma. Mr. Speaker, is on the war in Iraq, I think most of us not in the offing has led U.S. and Iraqi offi- I yield 2 minutes to the distinguished realize that it is past time for the ad- cials to signal they are willing to negotiate gentlewoman from Florida. ministration to assess the situation in with insurgent groups, or their inter- Ms. GINNY BROWN-WAITE of Flor- Iraq and to address the matter of an mediaries. ida. Mr. Speaker, I thank the gen- eventual withdrawal from that coun- ‘‘It has evolved in the course of normal tleman for yielding me time. business,’’ said a senior U.S. diplomatic offi- try. I hope Members will agree to at cial in Baghdad, who spoke on the condition As we debate the 2006 Defense Appro- least consider this amendment today. of anonymity because of U.S. policy to defer priations Act, I rise to commend the The House has a responsibility to ask to the Iraqi government on Iraqi political actions of Secretary of Defense Donald tough questions and to demand matters. ‘‘We have now encountered people Rumsfeld and Brigadier General Casey straight answers. I am tired of the who at least claim to have some form of a re- McClain. Their swift effort to imple- spin, as so many other Members are. It lationship with the insurgency.’’ ment a tough policy against sexual as- is time for candor. The people of this The message is markedly different from saults in the military is praiseworthy. country deserve that. previous statements by U.S. officials who I became aware of the troublesome spoke of quashing the insurgency by round- A ‘‘no’’ vote will not prevent us from ing up or killing ‘‘dead enders’’ loyal to issue in the military when the Congres- considering the defense appropriations former dictator Saddam Hussein. As recently sional Caucus for Women’s Issues held bill under an open rule, but a ‘‘no’’ vote as two weeks ago, in a Memorial Day inter- a hearing last spring to give voice to will allow Members to vote on the view on CNN’s ‘‘Larry King Live,’’ Vice military women who were victims of Pelosi amendment. However, a ‘‘yes’’ President Dick Cheney said he believed the sexual assault. vote will block the House from consid- insurgency was in its ‘‘last throes.’’ In this time of conflict, when brave ering and voting on the need for a suc- But the violence has continued unabated, even though 44 of the 55 Iraqis portrayed in young men and women are willing to cess strategy in the war in Iraq. put their lives at risk, it is essential the military’s famous ‘‘deck of cards’’ have Mr. Speaker, we need a strategy, not been killed or captured, including Saddam. that those soldiers do not fear the ac- just slogans. Lt. Col. Frederick P. Wellman, who works tions of their comrades in arms. The Mr. Speaker, at this time I will enter with the task force overseeing the training act of sexual assault is condemned in into the RECORD two articles cited in of Iraqi security troops, said the insurgency civilian society. It is especially unfor- my opening statement. I also had a doesn’t seem to be running out of new re- givable when one soldier sexually as- very moving meeting yesterday with cruits, a dynamic fueled by tribal members saults another. The bonds of trust and members of the Gold Star Families for seeking revenge for relatives killed in fight- respect unite soldiers on the battle- ing. Peace who have lost sons and daugh- ‘‘We can’t kill them all,’’ Wellman said. field. It therefore is imperative that ters in the war in Iraq. These families ‘‘When I kill one I create three.’’ this trust not be eroded because of in- have experienced the tragedy of this Last month was one of the deadliest since sufficient policies addressing sexual as- war firsthand, and they believe we President Bush declared the end of major sault among our troops. should set a very different course. I combat operations in May 2003, a month that After the hearing, Congress acted will enter into the RECORD the personal saw six American troops killed by hostile last year to include language in the De- statements by these family members fire. In May 2005, 67 U.S. soldiers and Marines were killed by hostile fire, the fourth-highest fense Authorization Act that required regarding the continuing U.S. presence DOD to develop a definition of sexual tally since the war began, according to Iraq in Iraq. Coalition Casualty Count, an Internet site assault that is uniform for all of the [From Knight Ridder Newspapers, June 12, that uses official casualty reports to orga- Armed Forces. That was part of the 2005.] nize deaths by a variety of criteria. problem before. It was no small task, MILITARY ACTION WON’T END INSURGENCY, At least 26 troops have been killed by in- yet the Joint Task Force on Sexual As- GROWING NUMBER OF U.S. OFFICERS BELIEVE surgents so far in June, bringing to 1,311 the number of U.S. soldiers killed by hostile ac- sault Prevention and Response led by (By Tom Lasseter) Brigadier General McClain carried out tion. Another 391 service members have died BAGHDAD, IRAQ.—A growing number of sen- as a result of accidents or illness. this charge with the utmost profes- ior American military officers in Iraq have sionalism and timeliness. The Iraqi interior minister said last week concluded that there is no long-term mili- that the insurgency has killed 12,000 Iraqis As a result of their efforts, I am tary solution to an insurgency that has during the past two years. He did not say pleased to report that the new policy killed thousands of Iraqis and more than how he arrived at the figure. on confidential reporting went into ef- 1,300 U.S. troops during the past two years. American officials had hoped that Janu- fect just earlier this week. The new Instead, officers say, the only way to end ary’s national elections would blunt the in- policy provides for a confidential the guerilla war is through Iraqi politics—an surgency by giving the population hope for means for soldiers to report assaults arena that so far has been crippled by divi- their political future. But so far, the polit- sions between Shiite Muslims, whose coali- and ensures that victims feel safe and ical process has not in any meaningful way tion dominated the January elections, and included Iraq’s Sunni Muslim population. that they are encouraged not to hide, Sunni Muslims, who are a minority in Iraq Most of Iraq’s Sunnis Muslims, motivated but rather to report this violation. but form the base of support for the insur- either by fear or boycott, did not vote, and It is clear that the Department of De- gency. they hold a scant 17 seats in the 275-member fense places a high priority on the pre- ‘‘I think the more accurate way to ap- parliament. vention of and response to sexual as- proach this right now is to concede that . . . There was a post-election lull in bloodshed, sault within the military. I commend this insurgency is not going to be settled, a period that saw daily attack figures dip their actions, but I remind them that the terrorists and the terrorism in Iraq is into the 30s. But with the seating of the in- not going to be settled, through military op- this Congress will continue to exercise terim government on April 28, attacks tions or military operations,’’ Brig. Gen. spiked back to 70 a day. More than 700 Iraqis authority over them to ensure that Donald Alston, the chief U.S. military have been killed since then. this policy is continued. spokesman in Iraq, said last week, in a com- The former Iraqi minister of electricity, Mr. MCGOVERN. Mr. Speaker, I yield ment that echoes what other senior officers Ayham al-Samarie, has said he’s consulted myself the balance of my time. say. ‘‘It’s going to be settled in the political with U.S. diplomatic officials about his ne- Mr. Speaker, I will be asking Mem- process.’’ gotiations with two major insurgent groups bers to oppose the previous question. If Gen. George W. Casey, the top U.S. com- to form a political front of sorts. There has the previous question is defeated, I will mander in Iraq, expressed similar senti- been similar talk in the past—notably by amend the rule so we can consider the ments, calling the military’s efforts ‘‘the former Prime Minister Ayad Allawi’s admin- Pillsbury Doughboy idea’’—pressing the in- istration, which spoke of inclusion through Pelosi amendment that was offered in surgency in one area only causes it to rise amnesty—but nothing has come of it. the Committee on Rules Tuesday elsewhere. At the heart of the problem is the contin- night, but rejected on a straight party- ‘‘Like in Baghdad,’’ Casey said during an ued failure of U.S. and Iraqi officials to bring line vote. interview with two newspaper reporters, in- the nation’s Sunni minority, with more than H4576 CONGRESSIONAL RECORD — HOUSE June 16, 2005 five million people, to the political table. billion was in excellent condition. Only sitive equipment such as missile warheads— Sunnis now find themselves in a country about 12 percent of that was reused by the had been lost, stolen or damaged. Kutz, who ruled by the Shiite and Kurdish political par- department. The other $3.5 billion ‘‘includes said he believes the total of unaccounted-for ties once brutally oppressed by Saddam, a significant waste and inefficiency,’’ the GAO equipment could be far higher, said the GAO Sunni. said, because new or good-as-new items were will continue to investigate where those With Shiites and Kurds stocking the na- ‘‘transferred and donated outside of DOD, items ended up. tion’s security forces with members of their sold for pennies on the dollar, or destroyed.’’ STATEMENTS FROM MEMBERS OF GOLD STAR militias, Sunnis have been marginalized and, Investigators brought some of that equip- FAMILIES FOR PEACE according to some analysts in Iraq, have be- ment with them to the hearing of a House Iraq has been the tragic Lie of Historic come more willing to join armed groups. Government Reform Committee sub- Proportions of Washington, DC since before Since September of last year, some 85 per- committee yesterday. Among the items on the first gulf war. For years, Saddam was cent of the violence in Iraq has taken place display were unused military uniforms and one of our government’s propped up and mili- in just four of Iraq’s 18 provinces: the Sunni medals that GAO had purchased off of a pub- tarily supported puppets. Many people have heartland of al Anbar, Baghdad, Ninevah and licly available Web site intended for dis- seen the famous footage of Donald Rumsfeld Salah al Din. posing of unwanted government property. shaking hands with Saddam. I suppose the U.S. officials prefer not to talk about the The GAO also obtained the power-supply sys- two are smiling so big for the cameras be- situation along religious lines, but they ac- tem for a component of a nuclear submarine cause they are kindred spirits. After all of knowledge that one of the key obstacles to that was on the Pentagon’s ‘‘critical short- the hand-shaking and weapon brokering, resolving Iraq’s problems is the difference age’’ list at the time. when did Saddam become such a bad guy to between Sunni and Shiite religious institu- ‘‘We’re not sure why DOD would be letting Bush, Cheney, Halliburton and Co.? (Insert tions. GAO have that. We don’t have any nuclear your favorite reason here). During the Clin- Shiites are organized around their submarines at GAO,’’ said Gregory D. Kutz, ton regime the US–UN led sanctions against marja’iya, a council of clerics—led in Iraq by the GAO’s managing director for special in- Iraq and the weekly bombing raids killed Grand Ayatollah Ali al Sistani—that issues vestigations. religious edicts that Shiite faithful follow as Subcommittee members reacted angrily to tens of thousands of innocent people in Iraq. law. Sunnis, on the other hand, have no such the findings. Many of them were children, but since one of unifying structure. ‘‘Waste on this scale affects our ability to her children didn’t have to be sacrificed to The difference was made clear in January meet the immediate needs of men and the homicidal war machine, Madeline when one list formed under the guidance of women in uniform,’’ said Rep. Christopher Albright, thinks the slaughter during the Sistani was the choice of almost all Shiites Shays (R-Conn.), who chaired the hearing. ‘‘halcyon’’ Clinton years was ‘‘worth it.’’ voting. Those Sunnis who did go to the polls ‘‘The $400 million spent on unneeded equip- More lies. split their votes among a myriad of organiza- ment could have bought body armor, medical Anyone with even a rudimentary under- tions including those backed by a presump- supplies or more than 1,700 fully armed standing of current events understands that tive monarch, a group of communists and a Humvees to protect coalition forces against this invasion/occupation of Iraq was not religious group that mayor may not have deadly improvised explosive devices.’’ about Saddam being a ‘‘bad guy.’’ If that been boycotting the election. Rep. Henry A Waxman (D-Calif.) said the logic is used, then how many innocent Iraqi Sunni Muslims near downtown Baghdad only beneficiaries of the Pentagon’s mis- people have to die before the citizens of have only to drive down the street to see how management are the companies that sell America wake up and know that our govern- precarious their position in Iraqi politics and equipment to the government. ‘‘Federal con- ment is a ‘‘bad guy?’’ We also know that Iraq society is these days. On roads near the tractors are reaping a bonanza while tax- was not about WMD’s. They weren’t there party headquarters for the Shiite Supreme payers are being gouged,’’ Waxman said. and they weren’t going to be there for at Council for Islamic Revolution in Iraq, which Rep. John J. Duncan Jr. (R-Tenn.) said the least a decade, by all reports. Another rea- is in large part shaping the policy of the na- GAO’s findings involved the waste of ‘‘an un- son, so wispy and more difficult to disprove, tion, Kurdish militia members patrol the believably staggering amount of money.’’ is that America invaded Iraq to bring free- streets. ‘‘Anybody who’s not horrified by this does dom and democracy to the Iraqi people. The troops are ostensibly part of the na- not deserve to be called a conservative,’’ he When one tries to dispute this particular de- tion’s army, but they still wear militia uni- said. ception, one is accused of being unpatriotic forms and, as is the case with some in Pentagon officials testified that they gen- or hating freedom. Even though correct, the Kurdistan, many either can’t or won’t speak erally agreed with the GAO’s findings, say- statement ‘‘Freedom isn’t Free’’ is very in- Arabic. One of the roads they patrol has been ing new items had been accidentally labeled sulting to me. False freedom is very expen- named Badr Street, for the armed wing of in some cases as excess inventory. The offi- sive. Fake freedom costs over one billion of the Supreme Council. There is a large bill- cials said they have made improvements, our tax dollars a week; phony freedom has board with the looming face of Abdul Aziz al however, and plan to have a computer sys- cost the Iraqi people tens of thousands of in- Hakim, the Supreme Council’s leader. tem up and running by January that would nocent lives; fanciful freedom has meant the Unless Sunnis develop confidence that the prevent Pentagon officials from buying new destruction of a country and its infrastruc- government will represent them, few here equipment that is already available inter- ture. Tragically, this fabricated notion of see the insurgency fading. nally. freedom and democracy cost me far more Asked about the success in suppressing the ‘‘We do have a fix on the horizon,’’ said than I was willing to pay: the life of my son, insurgency in Baghdad recently—the result Maj. Gen. Daniel G. Mongeon, director of lo- Casey. The Lie of Historic Proportions also of a series of large-scale raids that in tar- gistics operations at the Defense Logistics cost me my peace of mind, I do not feel free geted primarily Sunni neighborhoods—Brig. Agency. and I do not feel like I live in a democracy. Gen. Alston said that he expects the violence Yesterday’s report followed GAO inquiries One of the other great deceits that is being to return. that uncovered evidence the Defense Depart- perpetuated on the American public and the ‘‘We have taken down factories, major ment was selling unused biological- and world is that this occupation is to fight ter- cells, we have made good progress in (stop- chemical-weapons-resistant suits for $3 each. rorism: If we don’t fight terrorism in Iraq ping) the production of (car bombs) in Bagh- At the same time it was buying hundreds of then we will have to fight it ‘‘on our dad,’’ Alston said. ‘‘Now, do I think that thousands more for $200 apiece. streets.’’ In fact, terrorist attacks have sky- there will be more (bombs) in Baghdad? Yes, Investigators found that example typified rocketed in Iraq and all over the world. So I do.’’ a broader problem. For instance, they paid much so, that the State Department has [From the Washington Post, June 8, 2005.] $2,898 for $79,649 worth of tires, badges, cir- stopped compiling the statistics and quit cuit cards and medical supplies. In some issuing the yearly terrorism report. I guess if PENTAGON WASTED SUPPLIES, GAO FINDS cases, the goods had been marked as junk one doesn’t write a report, then terrorism (By Griff Witte) but were delivered in their original pack- doesn’t exist? All of Casey’s commendations The Defense Department spent at least $400 aging. At the same time, the Pentagon con- say that he was killed in the ‘‘GWOT’’ the million in recent years buying boots, tents, tinued to order more of the same items from Global War on Terrorism. I agree with most bandages and other goods at he same time it its suppliers. of GWOT, except that Casey was killed in the was getting rid of identical items it had paid The GAO concluded that the Pentagon Global War Of Terrorism waged on the world for but never used, government investigators could have saved $400 million in fiscal 2002 and its own citizens by the biggest terrorist told House members yesterday. and 2003 had it used what it already owned, outfit in the world: George and his destruc- That finding came as part of a broader in- rather than buying more. tive Neo-con cabal. quiry by the Government Accountability Of- GAO investigators also found that at con- The evidence is overwhelming, compelling, fice that uncovered deep flaws in the Penta- tractor-operated facilities where excess and alarming that George and his indecent gon’s system for determining when it needs equipment was supposed to be liquidated, bandits traitorously had intelligence fab- to buy new supplies and how it disposes of items were left exposed to rain and wind. ricated to fit their goal of invading Iraq. The supposedly excess inventory. Much of it ended up damaged beyond repair. criminals foisted a Lie of Historic Propor- Investigators discovered that out of $33 bil- In addition, the Defense Department said tions on the world. It was clear to many of lion of goods the Defense Department that between 2002 and 2004, $466 million of us more aware people that George, Condi, marked as excess from 2002 through 2004, $4 equipment marked as excess—including sen- Rummy, the two Dicks: Cheney and Perle, June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4577 Wolfie, and most effectively and treach- to be honorable leaders, betrayed the public The poet Archibald MacLish, who also lost erously, Colin Powell, lied their brains out trust and committed themselves and our a brother in war, wrote: before the invasion. The world was even Country to finding a way to have a war. They say shown where the WMD’S were on the map. Some of us suspected all this then, many of We leave you our deaths We were told that the ‘‘smoking gun’’ could us know it now, the Downing Street memo Give them their meaning. come at any time in the form of a ‘‘mush- and other revealing documents bring the If we are to give meaning to the deaths in room cloud’’ or a cloud of toxic biological or light of truth everyday to these horrendous Iraq, we must be willing to engage in truth- chemical weapons. Does anyone remember betrayals. ful dialogue about the pretenses of war. Ac- duct tape and plastic sheeting? Now it is the duty of congress to stand up quiescing to the lure of silence and ignorance Finally, the side of peace, truth and justice and face these truths, investigate the docu- is an affront to the families and memories of has our own smoking gun and it is burning ments, follow them where ever they lead. all who have fallen. It is a prescription for our hands. It is the so-called Downing Street Hold those accountable who betrayed my unending violence and suffering. Memo dated 23, July 2002, (almost 8 months son, my family and this Country I love. Are we so ashamed of what our soldiers before the invasion) that states that mili- If we are ever to reach Peace in Iraq we have and continue to do in Iraq that we can’t tary action (against Iraq) is now seen as ‘‘in- must confront the lies and deceptions that even talk about how they got there? Or, are evitable.’’ The memo further states that: got us there, just as we could not wage a war we simply ashamed of ourselves for letting it ‘‘Bush wanted to remove Saddam through successfully on lies, there can be no Peace happen? military action’’, justified by the conjunc- based on lies. We must each confront ourselves over the tion of ‘‘terrorism and WMD’s.’’ The most It is very simple in some ways, 1706 Ameri- failures in Iraq. For that failure is not sim- damning thing to George in the memo is cans have given up their lives, they stand ply the fault of our leaders misusing suspect where the British intelligence officer who just beyond us now, tied forever by grief and intelligence. Our course as a country, ulti- wrote the memo claims that the intelligence longing to those who loved them. Tied to the mately, stems from the individual conclu- to base Great Britain and the U.S. staging a history of this Country, tied to its honor, sion of all of us to be either complicit or re- devastating invasion on Iraq was being now they wait on us to honor the fallen and sistant to war. ‘‘fixed around the policy.’’ Now, after over honor the truth. The government’s failure in Iraq becomes three years of relentless propaganda, it is I pray YOU will support the Downing our own failure when we substitute political difficult to distinguish the proven lies from Street memo hearings—and stand with honor rhetoric or blanket ideology for reason. It the new ‘‘truth:’’ that this occupation is for the truth—Celeste Zappala, mother of becomes our fault when we are recklessly ar- bringing freedom and democracy to the peo- Sgt Sherwood Baker, KIA Apr. 26, 2004. rogant and willfully deaf. ple of Iraq. SILENCE IN THE FACE OF TRUTH: THE DOWNING Casey took an oath to protect the U.S. Our responsibility as citizens is to ac- STREET MEMO from all enemies ‘‘foreign and domestic.’’ He knowledge and embrace the whole truth was sent to occupy and die in a foreign coun- (By Dante Zappala) about the Iraq War. We must look past par- try that was no threat to the USA. However, For the first 30 years of my brother Sher- tisanship and hold ourselves and our leaders the biggest threat to our safety, humanity, wood Baker’s life, his mission was to be a re- to the high standards of integrity that citi- and our way of life in America are George sponsible citizen. He made oaths and he hon- zenship demands. When we fail to honor that and his cronies. Congress made a Mistake of ored those oaths. This made him a loving fa- responsibility, we fail to honor the sacrifices Historic Proportions and waived its Con- ther and husband. This also made him a of our soldiers. stitutional responsibility to declare war. It noble and committed soldier. He coura- The world as I knew it ended when Neil is time for the House to make up for that geously deployed with his National Guard was killed. Many years ago someone gave us mistake and introduce Articles of Impeach- unit to Iraq in 2004. a beautiful vase and somehow I knocked it ment against the murderous thugs who have For the last six weeks of his life, over and it broke into two pieces. I glued it caused so much mindless mayhem. It is time Sherwood’s mission was to provide convoy together, it still holds water, but it lost its for Congress to revalidate itself by holding a security for the Iraq Survey Group. He was beauty. We are like that vase. For a while I hearing about the Downing Street Memo. killed in action, providing site security for lost my ability to pray. That has come back, The reader can help by going onto the group that was looking for weapons of thank God and all those who prayed for us. www.AfterDowningStreet.org and signing a mass destruction. Mounting evidence indi- Many people go to work with coffee or tea in petition to Rep. John Conyers so he will cates that the weapons’ non-existence wasn’t their cupholder. I go with tissues in my cup- know that the American people are behind a mistake. It was a ruse. holder, because I cry to and from work. I am him to convene an investigation in the The clouds surrounding Sherwood’s death able to function at work because I work with House Judiciary Committee. You can also became even darker recently when I read the children. Daily activities are no longer the write your Congressional Representative to contents of a memo from the upper echelons same. I can speak to a large group of people, help push the inquiry. of the British government. The memo reiter- yet I have trouble going into stores. I cannot It is time to put partisan politics behind us ates the fact that our administration had be in crowded stores. One of my dearest to do what is correct for once and reclaim every intention of invading Iraq in the sum- friends just retired and I did not go to her re- America’s humanity. It is time for Congress mer of 2002. The White House needed only to tirement party, because I was worried that I and the American people to work together in sell the idea to the American people. would start sobbing. I love the theater, but peace and justice to rid our country of the Prior to Congressional approval, prior to do not go. My son was an honorable man stench of greed, hypocrisy, and unnecessary saying, ‘‘War is the last resort,’’ the decision killed by the actions of dishonorable men— suffering that permeates our White House had been made to go to war regardless of Dianne Santoriello, mother of 1st Lt. Neil and our halls of Congress. It is time to hold legal justification or the problems associated Anthony Santoriello, KIA Aug. 13, 2004. someone accountable for the carnage and with the aftermath of an invasion. The most My son, Sgt. Mike Mitchell, was killed in devastation that has been caused. As a mat- telling quote in this memo reads, ‘‘The intel- Sadr City on April 4, 2004, the first day of the ter of fact, it is past time, but it is not too ligence and facts were being fixed around the Shiite uprising. He had been in Iraq for 11 late—Cindy Sheehan, mother of Casey policy.’’ Read the memo: http:// months, had turned in all of his equipment Sheehan, KIA Apr. 4, 2004. www.downingstreetmemo.com/memo.html. on April 3, as he was headed to Kuwait the My son Sherwood Baker, only 30 years old, My brother died scouring the Iraqi coun- next week then back to Germany and his a fine man, father, husband, social worker, tryside not to protect his country, but to fiancee and wedding—Bill Mitchell, father of musician, entertainer, friend, protector, pa- satisfy the Bush administration’s public re- Sgt. Mike Mitchell, KIA Apr. 4, 2004. triot, national guard soldier lost his precious lations agenda. Jeff was sent to Kuwait on a 6 month rota- life on April 26, 2004 in Baghdad. The leaders of our country politicized in- tion tour with his Battery, C/1–39 FA (MLRS) He had been in Iraq for six weeks. He was telligence to satisfy an ideology. My brother in August 2002. He was due back to the states assigned to protect the Iraq Survey Group and more than 1,650 other soldiers have been in February 2003, until orders to returned the very people looking for the weapons of killed as a result. Yet I have to sift through were halted in December 2002 because of the mass destruction. He was guarding that the papers and the news channels to find build-up. He was caught in this melee of hor- group as they entered a munitions factory, it even a pulse of concern. In the wake of such ror with no other recourse to be a true sol- exploded, something hit my son in his head disturbing revelations, a majority of our dier and fight for the cause. You can imagine as he raised himself from his humvee. He press and populace resoundingly choose to be my horror listening to the propaganda and died two hours later, half a World away from silent. lies our government leaderships so vehe- all of us who love him so much. Overwhelmingly, Americans have ceased to mently declared to the nation as the truth. Two years before this happened, people in care about how and why we went war. Apa- It was out of my control to tell my baby he the Administration of George Bush had de- thy, in the face of our soldiers’ sacrifice, was in the wrong place at the wrong time. I cided they wanted a war with Iraq. They seems more convenient. felt absolutely helpless. He died 4 weeks into were determined to have one, though the We cannot allow our government to simply the invasion. He was just commissioned as a facts about any real dangers were ‘‘thin’’, replace the motivations for war midstream second lieutenant, he married the love of his though so many disagreed, though the Amer- and expect an entire nation and all its allies life, he acquired his mustang muscle car, and ican people rejected a capricious war. So to succumb to selective memory. Yet that is he was living on his own in Ft. Stewart, these people who took their oath before God exactly what has happened. Georgia. He had the world ahead of him and H4578 CONGRESSIONAL RECORD — HOUSE June 16, 2005 eager to be part of life. He didn’t expect to of those in the U.S. Army. He was anxious to right to invade Iraq. He decided he wanted to lose his life. He died from a shrapnel metal serve and defend. He was promised a chance go to Iraq to protect his comrades. He was a that pierced his right eye and traveled to learn architecture or engineering, to cre- gunner. He wanted to take good care of through his brain knocking out all the vital ate and build. Instead, he was sent to de- them. He also wanted to see what he could parts to sustain life. He was a victim to an stroy, kill and die. And for what? How many do to help the Iraqi people. He hated bullies explosion a football field away. Back then, of you, knowing what you know about this and spent his life looking out for the under- his unit (FA) was not equipped with protec- war, would willingly allow a child, a grand- dogs. He literally would walk down the tive gear nor properly trained to handle in- child, a nephew or niece or even your dog to street and give his money and his clothes fantry, engineers, and explosive specialist be sacrificed for it? Can you wrap your minds away. As parents, we thought that maybe jobs. Jeff was 24 yrs old when he died and my around the suffering, pain and grief that lies the experience of mastering the many skills only son. He was the love of my life and such behind each number in the newspaper, in and participating in helping other people a cuddly baby to raise. He always had kisses your briefings, on the TV? Multiply those would turn out to be Joe’s reward for all the for me even into his adult life. I miss him so! numbers 10 times or so and envision the lives hard work he put in as we watched him be- This war shouldn’t happen and I want the shattered by injury, physical and mental, come a proud and capable soldier. So, we met truth. I want someone to gather all the cas- and the military families who must support him for dinner and kissed him goodbye in the ualty families and tell them the truth—why those victims. parking lot of the restaurant on November it was necessary to fabricate intelligence in- It is horrible and wrong for a life to be cut 13, 2003. He assured us he would be home in formation to make a case for war. We have off violently and short. The greater horror is a few months in order to be discharged on the right to know even if its classified—Rox- the senselessness of it, in knowing that Wil- time. The last words I heard him speak were anne Kaylor, mother of LT. Jeff Kaylor, KIA liam’s death was in vain. There is no comfort on my answering machine about 2 weeks Apr. 7, 2003. in thinking the world is a better place be- later; ‘‘Mom, they’re keeping me for the The Department of Defense announced cause of it. His heroism was squandered by year, they’re not letting me out.’’ My heart today the death of two soldiers who were liars, cheats and profiteers. His courage was broke for him. He had signed a contract with supporting Operation Iraqi Freedom. They used to attack a nation that was not a the United States Government that said he died April 19 in Baghdad, Iraq, when a vehi- threat. His youth and inexperience was sto- would serve 3 years. This was to be his last cle-borne improvised explosive device deto- len by conniving draft dodgers waving flags nated near their dismounted patrol. Both disillusionment with the Army. of patriotism and fear who never answered In the early hours of December 9, 2003, we Soldiers were assigned 3rd Battalion, 7th In- the call to serve. His life was manipulated to got that most-dreaded knock on our door. fantry Regiment, 3rd Infantry Division, and achieve the ends chosen by a handful of peo- When four uniformed Army officers face you Fort Stewart, Ga. The soldiers are: Spc. ple and his death means nothing to them. at 1:30 a.m., there is little to ask except Jacob M. Pfister, 27, of Buffalo, N.Y., Spc. Congress was lied to, but Congress is still ‘‘How did it happen?’’ Kevin S.K. Wessel, 20, of Newport, Ore—Lori culpable. Our entire country will continue to As everyone will acknowledge, there are no Wessel, mother of Spc Kevin S.K. Wessel, pay for this. It is your job and duty now to words to describe the pain of losing a child. KIA Apr. 19, 2005. investigate without stopping until truth and In our case, we held each other and assured Let me tell you why I think, no demand justice are rooted out. Number 538 is just one that Congress investigate Bush’s Iraq War one another that he died doing what he be- in a sea of numbers that don’t look like lieved was right. We proudly displayed his lies. It starts with a conversation that I re- much on a piece of paper. It really isn’t that member as if it were yesterday. It was a con- Casket Flag and Bronze Star. We went large of a number relative to so many others through the motions of living, though we felt versation between my son and me. He had in the news. To our family, however it is a called me from Ft. Lewis, Wa.; his duty sta- detached from ourselves. fatal number. It is the difference between a We did not even know who would answer tion. He was assuring me that there was no hope-filled future for a loving, intelligent all the questions we had. The ticking clock way that we were going to invade Iraq. I re- boy and a silent headstone in a military plied that I wasn’t so sure; after all I kept seemed like a relentless tyrant as it clicked cemetery. How many more families will re- hearing those war drums. He told me with all away all the time he would be gone from us. ceive a number like that? How many more? We had an invitation to meet President confidence that there were two reasons. William may have wanted to defend our Bush at Fort Lewis. We went to that meet- First Saddam was not a threat to the U.S., country and its democracy, but the truth is ing. I wanted and needed for our Com- that we had him contained. Second, even that battle must be waged on these shores, in mander-In-Chief to look into my eyes and though Saddam was a bad guy he was OUR these very buildings. And you are the sol- tell me he was sorry for this terrible loss. I bad guy and if we removed him we would be diers. Yes, you have position, influence, was sure I would know if he was sincere. We creating a political vacuum in Iraq that we money and power at stake and you might would not be able to control. How very con- had pictures taken with President Bush feel that you have much to lose on the front fident he was. Needless to say, that when we looking at the picture of me pinning on Joe’s lines of this conflict. The United States has did invade he was more than a little disillu- boutonniere at his wedding. The President much to lose if you do not fight. Please be sioned. Of course his two reasons have both asked me if he could keep the words to the inspired by our heroic and selfless troops and proved to be true. Unfortunately, his Com- last song Joe wrote while in Iraq. The song by the memory of our fallen. Take up their mander and Chief had decided on this war ‘‘Worthy’’, expressed Joe’s deep conviction cause and restore our nation to one they possibly even before 9/11. In my son’s name I that he was loved by his Lord. would be proud of, to the one they thought In the year since that meeting I have been demand that Congress investigate. I demand it in my son’s name because he is unable to they suffered and died for. You can give very disturbed to learn how many things demand it himself. Cpl. Jonathan Castro, my meaning to their deaths if only you will— were wrong with our decision to declare war only child, was killed December 21, 2004, Annette Pritchard, aunt of PFC William Ra- on Iraq. I say ‘‘our decision’’ because I sup- when a suicide bomber was allowed into a mirez, KIA Feb. 11, 2004. ported it in the beginning. I tried to ration- My son, Spc. Joseph Blickenstaff, lost his military base mess tent in Mosul. I also de- alize that mistakes happen and that ‘‘Free- life in the line of duty for our country. Yes, mand the investigation in the name of all dom Isn’t Free’’ and on and on. Nothing real- we were and are proud of him as a man and those still serving. Many of them would de- ly helped us except to keep saying to each thrilled at his accomplishments. Today is mand it themselves if they didn’t fear mili- other that Joe died doing something he be- tary retribution—Vickie Castro, mother of the l8-month anniversary of his death. One lieved in. Joe died knowing we all loved him Spc. Jonathan Castro, KIA Dec. 21, 2004. day, at the age of 20, Joe came to see me and and that he was a precious child of his Cre- As you meet today and discuss the addi- was very excited. He had enlisted in the ator. Joe died among friends who had tional evidence of the lies that were used to Army. I was not happy. He convinced me it watched him overcome so many obstacles as launch this illegal, immoral invasion and oc- was something he really wanted to do and the unsure boy, Joe, became the capable and cupation of a recognized, sovereign nation, I thought he would be good at it. I finally assured man and soldier, Joe. would humbly like to put before you yet a agreed it might be good for him. But now, to learn how many ways the few more numbers, reasons to stay the He left for Basic Training May 1, 2001. He American people were deceived into believ- course and continue to reveal these crimes arrived home from Basic on September 6, ing our leaders had our best interest at and bring the perpetrators to justice. 2001. The party to celebrate this achievement heart, after believing we had the kind of re- That number is 538. My nephew, PFC Wil- was September 9, 2001. You know what hap- sponsible leadership that would only put our liam Ramirez, was American soldier number pened next. All the rules changed. He mar- bravest young people in danger if absolutely 538 to die in this horrific travesty committed ried his Sweetheart, Angela, shortly after necessary, after believing that we could on the people of Iraq in the name of the Con- Basic Training. They moved to Washington trust them with our very lives—it’s just a gress of the United States, our citizens and near the Base. Joe continued to prepare in horror beyond the thinkable. Surely this our allies. Think then of the 537 who came the Stryker Brigade at Fort Lewis, Wash- misuse and loss of our precious young people before and the 1100+ who have died since. ington for the next 25 months. He achieved constitutes murder. Think also of the 100,000 innocent Iraqi civil- the Expert Infantryman designation, which My Sweet Joe, my brave and independent ians whose lives have been lost and blown to few managed to do. He told me he wanted to Joe, my kind and loving and giving Joe was rubble by American munitions and their be the ‘‘one’’ to bring down Osama Bin taken from us through a series of lies and de- aftermath. Laden. He was full of the righteous anger ception. My heart is breaking—for us, for Here’s another number—19. That is how that flowed through most Americans after 9– this country, for this world. I know there are many years William spent on this earth. Two 11. He did not, however, believe we had the hundreds of thousands of people who have June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4579 paid the ultimate price and each one of those one, prayers for peace, prayers for strength. increasing its end strength, and pro- people leaves a family as stricken and Some will seek comfort in their faith, some viding $45.3 billion in supplemental changed as my own. will be interminably angry at God. ‘‘bridge funding’’ for the war on terror. I think the only thing this Nation can do You never imagined signing a document Mr. Speaker, it must also be noted now to save any honor we might have had in called ‘‘Disposition of Remains’’ but there it the eyes of the World would be to lay bare is, your loved one’s name, in black and that this legislation would not have the lies and do whatever we need in order to white. That name doesn’t belong there. It be- been possible without much hard work restore the things we took from the Iraqi longs on a letter with love from Iraq, it be- on the part of the gentleman from people when we decided to ‘‘shock and awe’’ longs on an email, but it doesn’t belong Florida (Chairman YOUNG), the gen- them over 2 years ago. America has not lost there. You will see their name again in head- tleman from California (Mr. LEWIS), nearly as many people as the Iraqis over this lines, on TV, on letters of condolence and on and the members of the Subcommittee insane approach to ‘‘helping’’ these people, other legal documents and it never feels on Defense Appropriations and the but we have had tens of thousands of fami- right. His or her name doesn’t belong there! lies changed, crippled, and denied their There will be questions, there will be de- members of the full committee. As evi- rights as we are told over and over that our tails. You want to know all the details; you denced by their hard work, this is a bi- loved ones offered themselves up to a higher want to know none—at the same time. You partisan bill that the vast majority of cause. have questions—so many questions and so do the House will undoubtedly agree is a My son would never have offered himself they. How could this be happening? What good product. for the kind of abuse of power that now ex- kind of funeral service, cremation or burial? Mr. Speaker, no legislation is per- ists because of this evilly-conceived war. Who will speak? When is the body coming fect, and, as I said in my opening state- And the abuses aren’t just happening in Iraq, home? Why is the body coming home? My as we read daily now. Besides all of the pris- ment, the defense appropriation bill son or daughter is supposed to be coming takes important steps in an ongoing oner abuse, the American people have been home—not their body! abused, our society has been abused, our fi- The flags will fly at half staff, an indica- process that does not end; that is, the nancial future has been abused. Every man, tion that one young friend described as defense of our country. However frus- woman and child without food and medical ‘‘someone is sad’’. The flag will cover the trated some may be with particular as- care right here in America has been abused. coffin, soon to be handed to you, with the pects of H.R. 2863, it undoubtedly It took an incredible amount of ‘‘fixing’’ to words ‘‘On behalf of a grateful nation . . .’’ make sure this war happened as planned. moves our military in the direction it Flags will arrive in the mail having flown We will never regain our own dignity until needs to evolve and enhances the secu- over the state capitol or the nation’s capitol. we stop this insanity and become responsible rity of our country and the well-being members of our Global Community. We can They all mean the same thing—your loved one is never coming home and someone is of our men and women in uniform. do it! Let’s start now—Georgia Shilz, proud Therefore, I, once again, urge my col- mother of Spc. Joseph Michael Blickenstaff, very, very sad. Maybe you never heard the phrase ‘‘Pain leagues to support this rule and the un- KIA, Dec. 8, 2003. They just drove away. Your new world is shared is divided’’. We share your pain; we derlying concurrent resolution. black and white; it’s upside down and inside live and breathe your pain every single day. Mr. LARSON of Connecticut. Mr. Speaker, I out. You scream and do not recognize the While you may have never imagined you rise today in opposition to the rule for the pain coming from a place you never knew ex- would be a part of this group, please know FY06 Defense Appropriations Bill. This rule, isted. You scream again and the sound is that you are not alone—Karen Meredith, unfortunately, does not allow consideration of your soul leaving your body. mother of 1LT Kenneth Ballard, KIA May 30, the Pelosi Amendment—an amendment crit- 2004. You might not have even heard the words, ical to our current and future efforts in Iraq. ‘‘I regret to inform you’’, because all you b 1145 needed was to see who was at your door and We consider the situation in Iraq this week you knew. Every nightmare you had about Mr. Speaker, I also ask unanimous in the midst of growing public concern over your loved one being killed in Iraq has just consent to insert the text of the the way this administration has, and con- come true. Every prayer for their safety on amendment immediately prior to the tinues, to execute the war. For the first time this earth will never be answered. Every deal vote. since the war in Iraq began, more than half of you made was off. The SPEAKER pro tempore (Mr. the public believes that our campaign there You cannot possibly know, but you are not has not made the United States safer. Nearly alone. 1699 other hearts broke again as we FORBES). Is there objection to the re- saw the number tick one more to 1700 and quest of the gentleman from Massachu- three-quarters of Americans say the number of then 1701 and 1702. We know your pain, we setts? casualties in Iraq is unacceptable and two- know the hellish journey that you have just There was no objection. thirds say the U.S. military is ‘‘bogged down.’’ begun and there is nothing to say except Mr. MCGOVERN. Mr. Speaker, again, Nearly six in ten say the war is not worth fight- ‘‘I’m sorry’’. We have hugs to offer and I urge all of my colleagues to vote ing. maybe some advice, but as the moon rises, ‘‘no’’ on the previous question so that To date, the lives of nearly 1,700 men and you will be alone, knowing that your son or we can have an opportunity to vote on women in uniform have been lost, and another daughter, your husband or wife, your nephew the Pelosi amendment. It is our respon- 12,000 have been injured. Close to 200 billion or niece, your best friend is never coming home. sibility as Members of Congress to ask in taxpayer dollars have been spent without a The sun will come up in the morning and tough questions, to demand answers, to clear plan for success. And today, we are no you may be grateful that you survived an- do the oversight, to make sure that we closer to true success in Iraq than we were other night of your new life, not knowing are getting this right. We have not since the days of ‘‘Shock and Awe.’’ how. You may be angry that you survived been doing that. This is an opportunity The Democratic Leader’s amendment is another night without your loved one and for us to demand that the administra- simple—it asks that this administration report wonder why you live and they don’t. If only tion give us answers. to Congress within 30 days with their ‘‘Strat- you could trade places. Some sleep easily, some with medication, Mr. Speaker, I yield back the balance egy for Success’’ in Iraq. The Pelosi amend- some not at all. You want to sleep to fend off of my time. ment requires the President to explain how he exhaustion, but know if you do the night- Mr. COLE of Oklahoma. Mr. Speaker, will ensure that there are well-trained Iraqi mares might enter the quiet place that once I yield myself the remaining time. military, border and police forces that can en- meant solace. The exhaustion just finds a We have had an excellent and inter- sure the security of Iraq and that there is polit- deeper place inside you, another place unfa- esting discussion here this morning on ical stability in the country. miliar to you. the issue of Iraq, and we will continue This amendment isn’t about setting a hard If you cry, and some cannot or will not, to have those discussions undoubtedly date for withdrawal, or leaving Iraq before we you will wonder if the crying will ever stop. You don’t ever want to stop crying—how will as we move forward. finish what we started. This amendment, rath- you ever, ever, ever get your arms around In closing, Mr. Speaker, I want to er, simply ensures that Congress—and the this new life? You will never want to cry again draw the attention of Members American people—know what milestones and again; it’s just so excruciating. You will to the strength of this piece of legisla- criteria by which our Nation will judge success wonder how one body can cry so many tears tion. Unfortunately, it was not dis- in Iraq. Without such a guide, we will continue and for so many hours, days and months. cussed very much during the course of to be left with an open-ended military commit- There will be phone calls, cards, flowers our exchange. ment with no end in sight. and food. But all you want is your old life Mr. Speaker, H.R. 2863 takes many back, knowing that your loved one will be Our men and women in uniform deserve coming home alive and well. important steps forward in reforming nothing less than clear milestones that lead us There will be prayers and religious serv- the procurement and acquisition sys- to the day when we can bring them home. To ices. Prayers for you, prayers for your loved tems of the United States military, and get to that day, we need to know how we are H4580 CONGRESSIONAL RECORD — HOUSE June 16, 2005 going to assess the capabilities and readiness (4) The measures of political stability for Amendment No. 11 offered by Mr. PAUL: of Iraqi security forces and when we can ex- Iraq, including the important political mile- Page 108, after line 7, insert the following: pect them to take over vital security missions stones to be achieved over the next several TITLE VIII—ADDITIONAL GENERAL in their country. We need to know the number years. PROVISIONS (c) The report shall be transmitted in un- SEC. 801. None of the funds made available of U.S. and coalition advisors needed to sup- classified form but may contain a classified port Iraqi security forces. And, finally, we need in this Act may be used to pay any United annex. States contribution to the United Nations or to know the benchmarks by which we will Mr. COLE of Oklahoma. Mr. Speaker, any affiliated agency of the United Nations. measure the political stability of Iraq. I yield back the balance of my time, The fog of war is thick in Iraq, and this ad- The CHAIRMAN. Pursuant to the ministration has only added to it by sticking to and I move the previous question on order of the House of June 14, the gen- their vague notions of success and stability. the resolution. tleman from Texas (Mr. PAUL) and a But the President can cut through the fog by The SPEAKER pro tempore. The Member opposed each will control 5 providing clear and demonstrable criteria by question is on ordering the previous minutes. which we can judge our progress and, hope- question. The Chair recognizes the gentleman fully, success in Iraq. The question was taken; and the from Texas (Mr. PAUL). Since the start of this war, I and many of my Speaker pro tempore announced that (Mr. PAUL asked and was given per- colleagues have implored the President to the ayes appeared to have it. mission to revise and extend his re- level with the American people and our troops Mr. MCGOVERN. Mr. Speaker, on marks.) Mr. PAUL. Mr. Chairman, I yield my- over the true cost and end strategy for the that I demand the yeas and nays. self such time as I may consume. war. It is time for the administration and Con- The yeas and nays were ordered. Mr. Chairman, the amendment I have gress to be honest with us about a path for- The SPEAKER pro tempore. Pursu- is very simple, and it tells us exactly ward in Iraq—a path towards a success that ant to clause 8 of rule XX, further pro- what it does, so I am just going to read brings our men and women home and re- ceedings on this question will be post- it. It says, ‘‘None of the funds made stores our credibility at home and abroad. poned. available in this Act may be used to I urge my colleagues to oppose the rule, f pay any United States contribution to and allow consideration of a critical amend- GENERAL LEAVE ment that will give our Nation a clear path for- the United Nations or any affiliated ward in Iraq. Mr. WOLF. Mr. Speaker, I ask unani- agency of the United Nations.’’ The material previously referred to mous consent that all Members may So, very simply, a vote for my by Mr. MCGOVERN is as follows: have 5 legislative days within which to amendment would be a vote to defund PREVIOUS QUESTION ON H. RES. 315—RULE FOR revise and extend their remarks and in- the United Nations, and it would be a H.R. 2863 FY06 DEPARTMENT OF DEFENSE clude extraneous material on the fur- policy statement, obviously. We have APPROPRIATIONS ther consideration of H.R. 2862, and had some debate already on the United At the end of the resolution, add the fol- that I may include tabular material on Nations, and we will be having another lowing new sections: the same. debate either later today or tomorrow ‘‘SEC. 2. Notwithstanding any other provi- The SPEAKER pro tempore. Is there dealing with reform of the United Na- sion of this resolution, the amendment print- tions. Yesterday we had a vote dealing ed in section 3 shall be in order without objection to the request of the gen- intervention of any point of order and before tleman from Virginia? with removing half of the funding from any other amendment if offered by Rep- There was no objection. the United Nations. This would be in resentative PELOSI of California or a des- f the same direction, but it would re- ignee. The amendment is not subject to move all of the funding. amendment except for pro forma amend- SCIENCE, STATE, JUSTICE, COM- The United Nations has been under ments or to a demand for a division of the MERCE, AND RELATED AGEN- serious attack, and most Americans question in the committee of the whole or in CIES APPROPRIATIONS ACT, 2006 know there is a big problem with the the House. SEC. 3. The amendment referred to in sec- The SPEAKER pro tempore. Pursu- United Nations. There is corruption in- tion 2 is as follows: ant to House Resolution 314 and rule volved with the oil-for-food scandal, as AMENDMENT TO H.R. ll, AS REPORTED XVIII, the Chair declares the House in well as the abuse of human rights. OFFERED BY MS. PELOSI OF CALIFORNIA the Committee of the Whole House on There are a lot of people who believe (Defense Appropriations, 2006) the State of the Union for the further that we can reform the United Nations consideration of the bill, H.R. 2862. and make it much more responsive to At the end of title VIII (page ll, after our principles. I do not happen to share line ll), insert the following new section: b 1149 that belief. SEC. . (a) Not later than 30 days after lll IN THE COMMITTEE OF THE WHOLE the date of the enactment of this Act, the I have been a longtime opponent of President shall transmit to the Speaker and Accordingly, the House resolved the United Nations not so much be- minority leader of the House of Representa- itself into the Committee of the Whole cause of the goals they seek, but be- tives and the majority leader and minority House on the State of the Union for the cause of their failure to reach these leader of the Senate a report on a strategy further consideration of the bill (H.R. goals, as well as the attack on our na- for success in Iraq that identifies criteria to 2862) making appropriations for tional sovereignty. For me, it is a sov- be used by the Government of the United Science, the Departments of State, ereignty issue, and that is the reason States to determine when it is appropriate to Justice, and Commerce, and related begin the withdrawal of United States that I believe that it does not serve our Armed Forces from Iraq. agencies for the fiscal year ending Sep- interests to be in the United Nations, (b) The report shall include a detailed de- tember 30, 2006, and for other purposes, and we should make a statement for scription of each of the following: with Mr. HASTINGS of Washington in the many Americans who share that (1) The criteria for assessing the capabili- the chair. particular view. ties and readiness of Iraqi security forces, The Clerk read the title of the bill. But I would like to take a little bit of goals for achieving appropriate capability The CHAIRMAN. When the Com- this time right now to relate my posi- and readiness levels for such forces, as well mittee of the Whole rose on Wednes- tion on the United Nations with the as for recruiting, training, and equipping day, June 15, 2005, the amendment by such forces, and the milestones and time- bill that is coming up later today or to- table for achieving such goals. the gentleman from Vermont (Mr. morrow, and that is the reform bill. (2) The estimated total number of Iraqi SANDERS) had been disposed of, and the The reform bill is very controversial. personnel trained at the levels identified in bill had been read through page 108, We already have former Republican paragraph (1) that are needed for Iraqi secu- line 7. and Democrat ambassadors, Secre- rity forces to perform duties currently being AMENDMENT NO. 11 OFFERED BY MR. PAUL taries of State who are in opposition to undertaken by United States and coalition Mr. PAUL. Mr. Chairman, I offer an this, and our own President has ex- forces, including defending Iraq’s borders and pressed opposition to this. It is not for providing adequate levels of law and order amendment. throughout Iraq. The CHAIRMAN. The Clerk will des- the same reasons that I am opposed to (3) The number of United States and coali- ignate the amendment. that reform bill, but they are opposed tion advisors needed to support Iraqi secu- The text of the amendment is as fol- to it because there is a threat of cut- rity forces and associated ministries. lows: ting some funding. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4581 But in their attack on the reform Mr. WOLF. Mr. Chairman, I rise in I rise in joining the chairman in op- bill, they do say they support the pol- opposition to the gentleman’s amend- position to this amendment, and I hope icy changes. That is what I would like ment, and I yield myself such time as the same majority of our colleagues re- to emphasize here. Most people see the I may consume. ject this amendment this year as did reform bill as a mere threat to the Mr. Chairman, this amendment last year. I would note that this is the United Nations to shape up, or we are amounts to a complete rejection of the same or an extremely similar amend- going to cut half of their funds. Yester- United States’ engagement with the ment that the gentleman from Texas day we had a much more straight- United Nations and many other na- (Mr. PAUL) introduced last year and forward vote, because if you, also, be- tions of the world. was defeated by a 83-to-355 vote major- lieve in true reform, all those sup- Last year this bill created a high- ity. porters of the reform bill should have level task force to review the efforts of b 1200 supported the Hayworth amendment the United Nations. This task force and just flat out cut half of the fund- was chaired by former Speaker of the I hope that the body takes the same ing. But the reform bill says that, well, House Newt Gingrich, and former Ma- position with regard to this amend- if you do certain things, we are going jority Leader Senator Mitchell, and the ment this year as it did last. At a time to give you your money. Of course, task force came out with its rec- when the United States is involved in a those who really like the U.N. find that ommendations yesterday. They are war against global terrorism, at a time offensive and think that is too intru- fairly dramatic, which will mandate, if when the international economic com- sive on the functioning of the United you will, and force the United Nations munity is becoming increasingly inte- Nations. to make dramatic change. Hopefully grated and the world is becoming in- But I, quite frankly, do not believe the Bush administration will embrace creasingly smaller and we are increas- that if the U.N. reform bill gets any- the Gingrich-Mitchell recommenda- ingly bumping up against our friends place, that there is any way, since the tions that will then be adopted by the and adversaries around the world, this President is opposed to it and so many United Nations when they meet in Sep- is no time to do away with the organi- individuals are opposed to it, that any tember. zation. funds will ever be cut. But I do believe As the chairman knows, we initiated However imperfect it may be, that a bill could get passed, and, that bill, this task force because of the U.N.’s brings together all of those divergent also changes policy, which I think that lack of involvement on the Darfur, political interests, all those divergent too many of my conservative col- Sudan, issue, the sexual exploitation of countries, all those divergent political leagues on this side of the aisle have young girls by U.N. peacekeepers, and philosophies that represent people failed to look at, and that is what I am the oil-for-food scandal. If we were not around the world. We need to bring concerned about, the policy changes. participating at all, we would not be people closer to us so that we can de- So instead of tightening up the reins able to put pressure on the U.N. to do bate them, so that we can fight them and the financial control of the United the right thing with regard to Darfur. in the context of a civilized body, rath- Nations and getting them to act more Genocide is taking place in Darfur as er than going out and fighting them in efficiently and effectively, what they we now speak. Also, the U.N. will be wars. That is what the U.N., at its best are doing, if they do not have the abil- sending peacekeepers to the North- represents. That is what we ought to be ity to really strike the 50 percent, the aspiring to, that is, perfecting the bill institutionalizes new policy South Sudanese peacekeeping agree- ments, and, as my colleagues know, U.N., making it better, dealing with its changes. imperfections instead of doing away I want to just mention the policies better than 2.1 million people, mainly with it. that I believe that are risky, especially Christian, some Muslim, died at the We are lucky to have the U.N. in that if you are interested in protecting our hands of the Khartoum government as sense. We are also fortunate to be a national sovereignty. a result of their activities for the The first thing it would do is it would North. Also, Sudan is involved in ter- powerful enough country to influence change the definition of terrorism as rorist activities, and we need to be able the U.N. for the better because of the related to United Nations, and it would to put pressure on the Sudanese. size of our contribution. If we were to change the ability and the responsi- Not speaking boldly in an effort to withdraw our contribution, there is no bility of the United Nations to become force the U.N. to do something on this doubt that that whole process would involved. Today it is currently under- issue, the genocide in Darfur, and also unravel. That would be a tragedy. stood that if there is an invasion of one to be able to implement and monitor, For all the above reasons, Mr. Chair- country by another, the United Nations not with American soldiers, but with man, I oppose the gentleman’s amend- is called up, and they assume responsi- U.N. peacekeepers in Sudan, would be a ment and urge my colleagues to oppose bility, and then they can put in troops mistake. it as well. to do whatever they think is necessary. As the gentleman knows, we already Mr. Chairman, I yield back the bal- But if this new policy is adopted, it have cut the administration request for ance of my time. will literally institutionalize the pol- international organizations by $130 The CHAIRMAN. The question is on icy that was used by our own govern- million; therefore, essentially we are the amendment offered by the gen- ment to go into Iraq, and that is pre- already recommending holding back tleman from Texas (Mr. PAUL). emptive war, preemptive strikes, to go any growth of the U.N. Lastly, as the The question was taken; and the in and either support an insurgency, or gentleman from Texas says, the Hyde Chairman announced that the noes ap- in order to get rid of a regime, or vice bill will be coming up shortly after this peared to have it. versa. This is a significant change and bill, and that is where you should ad- Mr. PAUL. Mr. Chairman, I demand a an expansion of U.N. authority. I, quite dress these issues. recorded vote. frankly, think that this is a move in Mr. Chairman, I reserve the balance The CHAIRMAN. Pursuant to clause the wrong direction. of my time. 6, rule XVIII, further proceedings on Also, the Peacebuilding Commission, The CHAIRMAN. The time of the the amendment offered by the gen- I think, is very risky, and also some- gentleman from Texas (Mr. PAUL) has tleman from Texas (Mr. PAUL) will be thing that we should look at. expired. postponed. So not only do I urge my colleagues Mr. WOLF. Mr. Chairman, I yield the AMENDMENT NO. 4 OFFERED BY MR. HEFLEY to vote for my resolution to defund the balance of my time to the gentleman Mr. HEFLEY. Mr. Chairman, I offer United Nations, I urge my colleagues from West Virginia (Mr. MOLLOHAN). an amendment. to look very cautiously at the U.N. re- Mr. MOLLOHAN. How much time re- The CHAIRMAN. The Clerk will des- form bill, because there is a lot more in mains, Mr. Chairman? ignate the amendment. there than one might think. The one The CHAIRMAN. The gentleman has The text of the amendment is as fol- thing we do not need is John Bolton and Paul 3 minutes remaining. lows: Wolfowitz, the authors of our policy for regime Mr. MOLLOHAN. Mr. Chairman, I Amendment No. 4 offered by Mr. HEFLEY: change in Iraq, in charge of the same policy yield myself such time as I may con- At the end of the bill (before the short in the U.N. sume. title), insert the following: H4582 CONGRESSIONAL RECORD — HOUSE June 16, 2005 TITLE VIII—ADDITIONAL GENERAL The budget resolution passed by the has been imposed upon domestic dis- PROVISIONS Congress has imposed upon us a very cretionary programs generally, by the SEC. 801. Appropriations made in this Act restrictive spending climate. This budget resolution; and I will note an are hereby reduced in the amount of amendment constitutes attempts to re- inordinate number of amendments $570,000,000. open the decisions we already made in being offered by the majority here in The CHAIRMAN. Pursuant to the the budget resolution. The bill we are the last 3 days have been trying to in- order of the House of June 14, the gen- considering today stays within the crease the author of each amendment’s tleman from Colorado (Mr. HEFLEY) budget resolution framework and rep- particular favorite domestic discre- and a Member opposed each will con- resents a lot of hard work and difficult tionary program. trol 5 minutes. decisions to match limited funds to But you add them all up and the ma- The Chair recognizes the gentleman competing national priorities. A num- jority has offered a lot of amendments from Colorado (Mr. HEFLEY). ber of accounts in the bill are funded increasing domestic discretionary Mr. HEFLEY. Mr. Chairman, I yield very close to the bone and a reduction spending. For those who have done myself such time as I may consume. Mr. Chairman, I rise again today to of 1 percent in many salaries and ex- that, I suggest that you look at the offer this amendment to cut the level penses would have a dramatic effect on budget resolution the next time of funding in this appropriation bill by the FBI, DEA, ATF, Marshals Service. around, understand the relationship, approximately 1 percent. This would And so for those reasons, respecting the real relationship between a vote for equal $570 million. As you well know, I what the gentleman is trying to do, I the budget resolution and a squeeze on have offered this amendment on a num- would ask for a ‘‘no’’ vote on the domestic discretionary programs as I ber of bills this year and in prior years. amendment. have just described in response to the And I understand the difficulty that Mr. Chairman, I yield the balance of gentleman from Colorado’s (Mr. the appropriators have with narrowing time to the gentleman from West Vir- HEFLEY) amendment. down the requests from Members and ginia (Mr. MOLLOHAN). For all those reasons, Mr. Chairman, from the administration; and although Mr. MOLLOHAN. Mr. Chairman, the I rise in opposition to the Hefley this committee has done an excellent gentleman knows that I have the amendment and hope that my col- job on this, and I understand also that greatest respect and friendship for him leagues will turn it down. the committee will oppose me and beat and for all the tremendous work that Mr. HEFLEY. Mr. Chairman, I yield me into submission, I will whimper and he does in this body. But I must rise back the balance of my time. go away. and oppose this across-the-board cut. The CHAIRMAN. The question is on But I still think the point needs to be First of all, I oppose across-the-board the amendment offered by the gen- made that we need to begin to really cuts generally because they are indis- tleman from Colorado (Mr. HEFLEY). draw the line, and the projected deficit criminate, and I think anybody who The question was taken; and the is simply too large. We could do some- supports across-the-board cuts has to Chairman announced that the noes ap- thing about the deficit. Now, this will admit that the cuts are bound to affect peared to have it. not solve it by any means if we did 1 some good programs, even in their Mr. HEFLEY. Mr. Chairman, I de- percent. I mean, we are talking one judgment, as well as adversely affect mand a recorded vote. cent on the dollar, and that will not programs that the author of the The CHAIRMAN. Pursuant to clause solve it. But it would tell the American amendment may not fully appreciate. 6 of rule XVIII, further proceedings on public that at least we are concerned Having said that, I hope that the the amendment offered by the gen- about the deficit and we are willing to body judges this amendment in the tleman from Colorado (Mr. HEFLEY) do something significant in that direc- same way it has in past years and on will be postponed. tion. other bills and expresses its concern for For what purpose does the gentleman I have no doubt that some of the the offering of across-the-board cuts from Massachusetts (Mr. MARKEY) rise? good programs in this bill would take a generally. But having said that, I think Mr. WOLF. Mr. Chairman, I move to cut, and that is unfortunate. But the that if the gentleman is not successful, strike the last word. budget should be no different from the if he does not prevail on his amend- Mr. Chairman, if the next is the taxpayers’ budgets at home. When you ment, he should feel good for the same amendment that I think the gentleman have less money, you spend less money. reasons I feel bad about this bill, and is offering, I was going to say I accept It is really as simple as that, although that is that it represents a huge num- it. I understand the gentleman from we all know it is not really simple. It ber of cuts much greater than 1 percent Massachusetts (Mr. MARKEY) wants to is a difficult thing to do. on programs that I consider to be ex- speak on it. I have to go upstairs brief- I would ask for support of the amend- tremely worthy and that I would hope ly for a brief moment. But I wanted to ment. the chairmen of the sub and full com- be on record as being for it, and so I did Mr. Chairman, I reserve the balance mittees, as well as ranking, would con- not want to have my absence for 5 min- of my time. sider the same. utes look like I was avoiding an issue. Mr. WOLF. Mr. Chairman, I yield NASA is increased by 2 percent, the I think this is the torture amendment. myself such time as I may consume. Justice Department by 4 percent, and If it is, I think it is a good amendment, Mr. Chairman, I rise in opposition to the FBI by 10 percent. That is the good and I urge the Congress to adopt it, and the gentleman from Colorado’s (Mr. news. Federal law enforcement pro- I am going to vote for it. HEFLEY) amendment. grams have increased. Almost every- I will yield to the gentleman from As the gentleman can see, and I have thing else in the bill has decreased a Massachusetts (Mr. MARKEY). great respect for the gentleman from lot more than 1 percent. State and AMENDMENT OFFERED BY MR. MARKEY Colorado (Mr. HEFLEY). I know what he local law enforcement experienced a 22 Mr. MARKEY. Mr. Chairman, I offer is trying to do, and I want to acknowl- percent reduction. The COPS program, an amendment. edge that. As the gentleman can see a 13 percent reduction. Juvenile justice The CHAIRMAN. The Clerk will des- from the debate and the other amend- programs, a 12 percent reduction. The ignate the amendment. ments offered on the bill, many Mem- Commerce Department, a 12 percent re- The text of the amendment is as fol- bers feel the funding for the whole host duction. And the State Department is lows: of programs in this bill is already inad- receiving 11 percent less than the cur- equate. In fact, all the amendments, Amendment offered by Mr. MARKEY: rent level, in addition to international At the end of the bill (before the short most that we have been able to reject, organizations receiving 10 percent less. title), insert the following: have been to add money into the bill. The gentleman ought to be pleased TITLE VIII—ADDITIONAL GENERAL The one that was accepted by the body with the reductions in most of this bill, PROVISIONS was the one to add $73 million in for and surely he would not oppose the in- SEC. 801. None of the funds made available 7(a) loan programs which nobody in the creases to the FBI and the Justice De- in this Act may be used in contravention of country wants or needs. So the gen- partment and hopefully not NASA. the following laws enacted or regulations tleman can see the trend that things This bill has taken its fair share of promulgated to implement the United Na- are moving. cuts. It has experienced the pain that tions Convention Against Torture and Other June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4583 Cruel, Inhuman or Degrading Treatment or shameful rejection of our national val- mend the gentleman from Massachu- Punishment (done at New York on December ues. setts (Mr. MARKEY) for this useful ef- 10, 1984): Extraordinary rendition is indefen- fort to remind us all that on a bipar- (1) Section 2340A of title 18, United States sible. It is legally and morally to be tisan basis we condemn the use of tor- Code. (2) Section 2242 of the Foreign Affairs Re- condemned by this Congress. ture. form and Restructuring Act of 1998 (division I am pleased that it is to be incor- Mr. MARKEY. Mr. Chairman, I thank G of Public Law 105–277; 112 Stat. 2681–822; 8 porated into the bill. I strongly urge the gentlewoman for her eloquent U.S.C. 1231 note) and any regulations pre- all Members of Congress to watch this statement, and I yield 11⁄2 minutes to scribed thereto, including regulations under issue carefully. Those of us who value the gentleman from New Jersey (Mr. part 208 of title 8, Code of Federal Regula- human rights want to end the use of SMITH). tions, and part 95 of title 22, Code of Federal our tax dollars to fund the outsourcing Mr. SMITH of New Jersey. Mr. Chair- Regulations. of torture. And I am very pleased that man, I thank my good friend for yield- The CHAIRMAN. Pursuant to the this has been included in the bill. ing me time, and I rise in strong sup- order of the House of June 14, the gen- Mr. MARKEY. Mr. Chairman, I yield port of this amendment. I want to tleman from Massachusetts (Mr. MAR- 2 minutes to the gentlewoman from thank the gentleman from Virginia KEY) and a Member opposed each will California (Ms. HARMAN). (Chairman WOLF) for accepting it in 1 control 7 ⁄2 minutes. (Ms. HARMAN asked and was given advance because it is a very important The Chair recognizes the gentleman permission to revise and extend her re- amendment. from Massachusetts (Mr. MARKEY). marks.) Let me make two very brief points. Mr. MARKEY. Mr. Chairman, I yield Ms. HARMAN. Mr. Chairman, I thank The Convention against Torture could myself 1 minute. And in that 1 minute, the gentleman for yielding to me and not be more clear in proscribing any I will say that I appreciate very much rise to applaud the fact that this kind of torture. It is never acceptable. the statement by the gentleman from amendment will clearly be accepted as The United States is a signatory and Virginia (Mr. WOLF). Even when he is no one is speaking against it. This has ratified that convention, and that not physically present, he is a huge amendment has already passed the includes, as the gentleman from Massa- spiritual presence in this Chamber House on the 2005 supplemental appro- chusetts (Mr. MARKEY) pointed out, the when it comes to the issue of human priations bill by a vote of 420 to 2, and outsourcing of torture, and I think his rights and torture, and I appreciate his a modified version of it was signed by amendment is very, very important. It willingness to support this amendment. the President. comes at a very important time. The amendment, quite simply, says This amendment states a policy we Let me also make the point, too, that that the United States, because of our can all endorse. It does not expand ex- support for the convention against tor- next Thursday I will be holding a hear- isting law. Existing federal law makes ing on the victims of torture. I have ture, because of our support for the Ge- it illegal and it is also a violation of neva Convention, cannot condone the written three laws on torture, The Tor- international law to torture people. ture Victims Relief Act, as it is called, United States, after we have prisoners And existing law also bans cruel, inhu- in our possession, sending those pris- and two reauthorizations over the last man, and degrading treatment of de- several years, and during the course of oners to other countries in the world tainees. that do not abide by the convention on hearings that we have held, and we I want to say to the gentleman from have one set for next Thursday in my torture, that do not abide by the Gene- Massachusetts (Mr. MARKEY) that, as va Convention. subcommittee, we heard from people the ranking member on the Intel- who actually suffered, the psycho- So this amendment will make it un- ligence Committee, I have followed his ambiguously clear that that is a re- logical scars that they bear, the post- work on this closely. I am pleased that traumatic stress, the sleepless nights sponsibility that the United States he has raised this subject, that the en- takes very seriously, and notwith- that they endure because they have tire House has heard him and agrees had to endure severe torture. standing what goes on at Guantanamo, with him. that when the United States has pos- We want absolutely no part of tor- session of a prisoner that we will not b 1215 ture in any manifestation. This amend- outsource torture, that we will not ac- Let me go further, however, because ment makes it very clear. This is al- tually put these prisoners on planes this amendment does not expand exist- ready law. This makes it very clear and send them to countries which we ing law. that there is an absolute bright line of know do engage in torture. I think in light of clear issues around demarcation between interrogation Mr. Chairman, I reserve the balance detentions and interrogations, some of methods that are real, that are listed, of my time. which are being investigated very re- that are ethical and those that cross The ACTING CHAIRMAN (Mr. sponsibly on a bipartisan basis by the that line. GILLMOR). Is there any Member seeking House Permanent Select Committee on So I want to thank the gentleman for time in opposition to the amendment? Intelligence Subcommittee on Over- offering his amendment. If not, the gentleman from Massachu- sight, in light of many questions and Mr. MARKEY. Mr. Chairman, I thank setts is recognized. what I might call a fog of law on these the gentleman, and I yield 30 seconds Mr. MARKEY. Mr. Chairman, I yield issues, I think we need additional legis- to the gentleman from West Virginia 2 minutes to the gentlewoman from lation. (Mr. MOLLOHAN). Minnesota (Ms. MCCOLLUM). It is going to be hard to put together Mr. MOLLOHAN. Mr. Chairman, I Ms. MCCOLLUM of Minnesota. Mr. the right bill, the right bill that states rise in strong support of this amend- Chairman, torture is a crime. It is an what we believe in with respect to de- ment. If we look at it clearly, it is only international crime, and it is a viola- tentions. My own personal view is no an affirmation of current law, but I tion of U.S. law. The state-sponsored one should be detained without a sta- think in the environment in which we exportation or outsourcing of torture tus and without the ability to chal- are operating, with some of the revela- called ‘‘extraordinary rendition’’ is re- lenge that status, but the right bill, tions that are coming out about Amer- pugnant and it is immoral. should also state what we believe in ica’s policy with regard to the treat- Outsourcing torture threatens Amer- with respect to interrogations policy. ment of incarcerated persons, it is real- ica’s security. It destroys our Nation’s I firmly believe that we need interro- ly important to affirm current law. moral authority in the world, and it is gations consistent with our values so We are identifying and pointing out the height of hypocrisy. that we learn the plans and intentions and prosecuting very low-level people The fact that this country, through of the bad guys before they attack us. in the military with regard to certain the Bush administration, has been But precisely how to set limits is the transgressions, and I think it is par- sending detainees, including innocent hard part. ticularly important to affirm to the individuals, to countries like Syria to So I hope to work on a bipartisan whole chain of command, right up to be tortured and abused is a stain on basis to craft a legal framework for the the very top, that our laws with regard America’s reputation, and it is a detentions and interrogations. I com- to incarceration are to be obeyed. H4584 CONGRESSIONAL RECORD — HOUSE June 16, 2005 Mr. MARKEY. Mr. Chairman, I yield rious for human rights violations. This practice, The question was taken; and the Act- 1 minute to the gentlewoman from known as ‘‘Extraordinary Rendition,’’ amounts ing Chairman announced that the ayes California (Ms. WOOLSEY). to nothing more than Outsourcing Torture. appeared to have it. Ms. WOOLSEY. Mr. Chairman, Amer- In order to meet its obligations under the Mr. MARKEY. Mr. Chairman, I de- ica’s treatment of prisoners over the Convention Against Torture, the Administration mand a recorded vote. last several years speaks poorly, and has been engaging in a piece of legalistic fic- The Acting CHAIRMAN. Pursuant to that is an understatement, to our na- tion. It obtains ‘‘diplomatic assurances’’ that clause 6 of rule XVIII, further pro- tional integrity. the transferred detainee will not be tortured, ceedings on the amendment offered by Since 9/11, prisoners have been tor- and then based on these assurances it argues the gentleman from Massachusetts tured in Iraq, Afghanistan, Guanta- that our obligation under the Convention (Mr. MARKEY) will be postponed. namo Bay, and considering the wide- Against Torture has been satisfied because AMENDMENT NO. 19 OFFERED BY MR. TANCREDO spread use of torture, no one can claim there is no longer a substantial likelihood that Mr. TANCREDO. Mr. Chairman, I that these are isolated incidents, that the person we are sending to one of these offer an amendment. it is merely the work of a few bad ap- known torturing countries will, in fact, be tor- The Acting CHAIRMAN. The Clerk ples. tured. will designate the amendment. At a time when the United States is This is a sham. If Uzbekistan, a country that The text of the amendment is as fol- courting the support of the inter- has actually boiled prisoners to death says lows: national world, particularly the Arab they will not torture a prisoner, can we believe Amendment No. 19 offered by Mr. world, the torture of foreign prisoners them? If Syria, a country that Secretary Rice TANCREDO: gives the world’s extremists and Iraqi says we cannot trust, says they won’t tor- At the end of the bill, insert after the last insurgents what they believe to be a ture—can we believe them? section (preceding the short title) the fol- reason to hate the United States. Syria has broken off all relations with U.S. lowing: There has been no better recruiting military and CIA. What does this mean for the TITLE VIII—ADDITIONAL GENERAL tool for al Qaeda than our attacking ‘‘diplomatic assurances’’ we received from PROVISIONS Iraq in the first place and the events at Syria? SEC. ll. None of the funds made available Abu Ghraib in the second place. Here is what the State Department’s annual in this Act for the State Criminal Alien As- Mr. Chairman, there is a better way sistance Program under the heading ‘‘DE- human rights report says about Syria’s meth- PARTMENT OF JUSTICE—OFFICE OF JUS- to conduct foreign policy. I urge all of ods of interrogation: TICE PROGRAMS—STATE AND LOCAL my colleagues to support the Markey administering electrical shocks, pulling out LAW ENFORCEMENT ASSISTANCE’’ may amendment and to end the use of tor- fingernails, forcing objects into the rectum, be used in contravention of section 642(a) of ture by the United States. ... the Illegal Immigration Reform and Immi- Mr. MARKEY. Mr. Chairman, I yield In Uzbekistan, hundreds of protesters were grant Responsibility Act of 1996 (8 U.S.C. myself the remaining time. recently killed under the corrupt regime of 1373). I urge the House to embrace this President Karimov in what human rights The Acting CHAIRMAN. Pursuant to amendment unanimously. It is wrong groups are calling a massacre. the order of the House of June 14, the for the political, military and moral Last year former Secretary of State Colin gentleman from Colorado (Mr. leader of the world to be taking pris- Powell refused to certify that Uzbekistan had TANCREDO) and the gentleman from oners which we have captured, putting met its human rights obligations. Why? West Virginia (Mr. MOLLOHAN) each them on planes, blindfolding them, Because the State Department found that will control 5 minutes. drugging them and sending them to Uzbekistan used the following interrogation The Chair recognizes the gentleman Syria, sending them to Uzbekistan, techniques:—‘‘suffocation, electric shock, rape, from Colorado (Mr. TANCREDO). with the sure and certain knowledge beatings, and boiling prisoners to death . . .’’ Mr. TANCREDO. Mr. Chairman, I that those prisoners are going to be The amendment I am offering today pro- yield myself such time as I may con- tortured by countries that have al- hibits the use of any funds included in this bill sume. ready been condemned by the United to the contravention of our legal obligations Dozens of American cities, major cit- States for those practices. That is under the Convention Against Torture, U.S. ies, have policies that tie the hands of wrong. It undermines our position in Law, and regulation. While I would have liked police officers to cooperate with immi- the world. It gives al Qaeda more am- to include language barring the use of diplo- gration enforcement agents. The cities munition to put up on al Jazeera that matic assurances as the basis for renditions, include Houston, Los Angeles, Chicago, undermines our moral leadership. I have not done so today, out of recognition San Francisco, Denver, Boston, Port- Vote ‘‘aye’’ on this very important that such an amendment would go beyond the land and Seattle. amendment. scope of this bill and constitute new legisla- Cities that have such policies extend The amendment I am offering today simply tion. But what we can do today is take another to their jails as well. Often jails do not reaffirms the U.S. commitment to the Conven- step by having the U.S. Congress reaffirm that identify or report illegal aliens to ICE, tion Against Torture by prohibiting the use of it does not support or condone torture, or ren- these illegal aliens that have been in- funds in contravention of laws and regulations dition to countries likely to torture an indi- carcerated, so they are released back promulgated to implement the Convention vidual. into the community after serving a Against Torture. The U.S. signed this treaty Throughout United States history we have sentence for a minor crime. These poli- under President Reagan, and the Senate rati- encountered and defeated brutal enemies, in- cies, I have pointed out in the past, fied it in 1994. humane and monstrous dictators and met with violate Federal law. The House voted overwhelmingly to ap- hideous violence. We take pride that even as It is especially galling, however, that prove an identical amendment that I offered to our Nation fought for its survival against the local governments who have these ille- the Emergency Supplemental Appropriations Nazis and the Japanese Empire during World gal policies and practices do not hesi- bill on March 16, 2005 by a vote of 420 to 2. War II, that we did not ask our ‘‘Greatest Gen- tate then to seek and receive Federal That amendment, however, only applied to eration’’ to engage in torture or other war reimbursement for the costs of incar- funds appropriated in the Emergency Supple- crimes. The legacy of the U.S. then, and now, cerating illegal aliens, aliens they mental. The amendment I am offering today is that we uphold our commitment to justice in refuse to turn over to ICE for deporta- would apply to all funds appropriated for fiscal the face of shadows of terror and war. The tion. They take the money and then year 2006 to the Departments of State and test of a nation is found as much in how it turn the folks loose. Justice. wages war as how it promotes the values of In 2004, the Federal State Criminal I am offering this amendment today be- peace and democracy. That is what we must Alien Assistance program, or SCAAP, cause despite our commitments under this to today. gave awards totaling $300 million to treaty and the statements made by the Admin- I urge you to vote ‘‘yes’’ on this amendment, States and counties in reimbursements istration emphasizing that the U.S. is emphati- and say ‘‘no’’ to torture. for housing illegal aliens. Yesterday, or cally and unambiguously against the use of The Acting CHAIRMAN (Mr. the day before, we added another $50 torture, reports keep growing of the U.S. send- GILLMOR). The question is on the million to the amount that was being ing detainees to countries where they are like- amendment offered by the gentleman appropriated for that purpose, and I ly to face torture, including to countries noto- from Massachusetts (Mr. MARKEY). voted for the amendment. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4585 In Los Angeles in 2003, over 30,000 mittee graciously allowed for us to the Federal Government, unless we criminal aliens were released from the meet with several of the agencies in- train them to do that and they freely county jail and not deported. volved with Justice and Homeland Se- take on that mission and unless we In Denver in 2004, the city-county jail curity. We were to have heard from give them additional resources to ful- asked for reimbursement for over 1,900 them as to exactly how they were fill that mission. illegal aliens, but only turned over the going to enforce the law that is already So first of all, local police have to names of 175 to Immigration Customs on the books, but their answer is, of agree to do what the gentleman is sug- Enforcement. course, silence, and it is deafening. gesting, go out and perform the Fed- It is amazing that Denver alone sent Mr. Chairman, we as a Nation need to eral mission; and, secondly, if we are the Federal Government a bill for over get serious about deporting criminal going to ask them to take on this Fed- 1,900 people they have incarcerated for aliens, and we as a Congress need to eral mandate, it seems to me we ought committing other kinds of crimes, be- get serious about requiring the agen- to give it to them not on an unfunded sides the fact they are here illegally; cies to comply with the law. basis, but we should give them addi- yet, when it came to turning those My amendment does not make any tional resources to perform that mis- names over to ICE, they refused to do new laws or create any new penalty or sion, if they would voluntarily accept so, or turned over only 175, again as a change any laws on the books. It mere- it. result, I think, to a large extent, of ly requires the Federal administration Mr. Chairman, as I have outlined, I these things we call sanctuary policy. to comply with the Federal law, and I am strongly opposed to the Tancredo Why should Denver or Los Angeles be hope my colleagues will support the amendment. asking for Federal taxpayer dollars to amendment. Mr. Chairman, I reserve the balance reimburse their costs of housing illegal Mr. MOLLOHAN. Mr. Chairman, I of my time. aliens but then refuse to turn those yield myself such time as I may con- The Acting CHAIRMAN (Mr. names over to ICE for deportation? sume. GILLMOR). The time of the gentleman There are real human consequences Mr. Chairman, the gentleman prob- from Colorado (Mr. TANCREDO) has ex- to these ‘‘don’t ask, don’t tell’’ poli- ably does not intend his amendment pired. Does the gentleman from West cies. From 1995 to 1999, the INS re- and argument to be thus, but I am Virginia yield back? leased over 35,000 criminals who were afraid he is burgeoning on local police Mr. MOLLOHAN. Mr. Chairman, I not deported. Over 11,000 of them, al- force bashing here. yield the balance of my time to the dis- most 30 percent, went on to commit He makes statements like, they take tinguished gentleman from New York other crimes, and 2,000 committed vio- the money and let the aliens go. Well, (Mr. SERRANO). lent crimes. in fact, by the gentleman’s own statis- The Acting CHAIRMAN. The gen- In Denver last month, on Mother’s tics that he cites, local law enforce- tleman from New York (Mr. SERRANO) Day, a police officer was shot and ment does turn over illegal aliens at is recognized for 2 minutes, the balance killed and a second officer critically some percentage of those that they ar- of time of the gentleman from West wounded by an illegal alien who has rest and identify, and I assume that Virginia (Mr. MOLLOHAN). now been arrested in Mexico. He had they turn over a very large percentage Mr. SERRANO. Mr. Chairman, I rise been stopped twice by the Denver po- of those that they identify. I have not in strong opposition to the amend- lice for driving without a license and looked closely at that question, but in ment. The irony of this amendment had appeared in municipal court twice. any regard, it is clear they are partici- would be amusing if its implications In April, less than 1 month before the pating in this process with the Federal were not so serious. On one hand, we shooting, this man was in court with a Government of identifying and turning are providing SCAAP funding to help Mexican driver’s license; yet no one over some illegal aliens. our States and localities incarcerate asked him about his immigration sta- I would suggest to the gentleman criminal aliens that pose a danger to tus because of Denver’s sanctuary pol- that local law enforcement, first of all, our communities; yet, on the other icy. are not trained to do this mission. We hand, the gentleman’s amendment In July of 2004, a young man was have a Federal police force. We have would make it harder for our State and riding his motorcycle in north Denver. Federal agents that are trained to per- local law enforcement agencies to He was struck and killed by a hit-and- form this mission. catch criminals in the first place. run driver. The driver has been ar- Local law enforcement have a little Many law enforcement agencies have rested. He has been arrested and is in different mission. They are in the busi- carefully built a relationship of trust jail awaiting trial. He is an illegal ness of trying to maintain stability in with their immigrant communities alien. He had six prior arrests, but was neighborhoods, and are particularly over the years. If we were to damage released every time because the of- trained in identifying criminals in this trust by confusing a State’s law fenses were ‘‘minor.’’ Never, of course, neighborhoods, which is a full-time job. enforcement roles with Federal immi- was he reported to the Department of While this is not my constituency, I gration enforcement roles, we would be Immigration and Customs Enforce- can imagine in talking to my col- hampering the ability of our police de- ment. So they are free to commit other leagues who do represent constitu- partments to perform their primary crimes. encies that have sizeable numbers of function: protecting communities from This policy is insane, responsible for newly arrived immigrants, that it is a crime. thousands of major crimes that could particularly difficult job to operate in That is why police departments in have been prevented. those communities effectively if the our districts do not want this amend- One ICE agent told me recently that policemen are seen as reporters on or, ment. The amendment would have a when he was doing routine checks in if you will, tattle-talers on the people chilling effect on immigrants’ willing- jail bookings in a major city, routine who live in that community. ness to report crimes and cooperate checks that are no longer done, by the with government overall, because im- way, 25 percent of all the files he b 1230 migrants are less likely to come for- looked at were of illegal aliens eligible I can see where it would dry up infor- ward with tips or to testify as wit- for deportation. That means we could mation about what is going on and nesses if doing so could lead to deporta- possibly reduce crime rates signifi- have the opposite effect of what we are tion or other adverse consequences. cantly by detaining and deporting ille- trying to achieve with the COPS pro- The effects of the amendment would gal alien criminals who are already in gram. We are trying to establish rela- be devastating. Law enforcement agen- local jails, but instead, the revolving- tionships with the local community so cies, whether performing counterter- door sanctuary policies allow them to we can help the local police force main- rorism or other public safety functions, go free over and over again. tain stability and keep down crime in must rely on cooperation from immi- Today, over 1 year and several meet- those local communities. grant communities to operate effec- ings with these agencies later, the an- So for that reason, I think this is an tively. Furthermore, the harm of this swer appears to be that nothing will ill-advised amendment. We do not give amendment would extend beyond law happen. The chairman of the com- local police forces responsibilities of enforcement. Public health could be H4586 CONGRESSIONAL RECORD — HOUSE June 16, 2005 harmed if, out of fear of being reported ministration’s National Logistics Sup- Though I understand the gentleman’s to the INS, immigrants were reluctant ply Center, known as the NLSC, in concerns and have no preconceived no- to make use of State and local services. Kansas City, Missouri. tion as to the outcome of the study, I For instance, I imagine many com- Our amendment does not require believe we cannot have the Congress on munities throughout the Nation con- Members to vote on the A–76 issue every A–76 proposal coming down and sider it in the best interest of all of its overall; rather, it simply asks that our stopping it. residents, documented or not, to ensure colleagues take a stand against this I see the gentleman from Virginia is that everyone gets a vaccine shot for particular A–76 review. The NLSC’s A– here, the chairman of the committee. their children from city hospitals. If an 76 was begun in order to achieve a Mr. Chairman, I yield such time as he undocumented person were presented a quota established by OMB that Con- may consume to the gentleman from choice between deportation and risking gress subsequently prohibited. That Virginia (Mr. TOM DAVIS). illness, I am sure that person would fact was outlined in a June 2002 NOAA Mr. TOM DAVIS of Virginia. Mr. make a choice that is not in the best memorandum. No other rationale other Chairman, I too understand the gentle- interest of the community. than this quota was given to justify man’s concern on particular employ- In closing, please understand law en- targeting the NLSC for an A–76 review. ees. The difficulty here is if the Con- forcement gets information and wants Even after OMB repudiated privatiza- gress starts coming out with each and information from the immigrant com- tion quotas, the NLSC A–76 went for- every single group trying to protect munity. If they now become Federal ward. this group or the other from competi- immigration officers, that information Additionally, the review seemingly tive sourcing, we lose basically one of will not be forthcoming. ignores the inherently competitive na- the best tools the executive branch has The Acting CHAIRMAN. All time for ture of the NLSC. There is no require- to make it run more efficiently. Federal employees win 70 percent of debate has expired. The question is on ment that any agency use this service; the A–76 competitions at this point. the amendment offered by the gen- rather, agencies decide on their own whether or not to use the NLSC. The But in almost every case, even when tleman from Colorado (Mr. TANCREDO). they have won, they have retooled The question was taken; and the Act- NLSC competes every day to sell its themselves and made themselves more ing Chairman announced that the noes services to agencies. It has been the re- cipient of multiple service awards, and efficient than when they started. And appeared to have it. to cherrypick one group or another, I Mr. TANCREDO. Mr. Chairman, I de- it has reduced its response time to 2 days and raised its accuracy rates to 99 think we will have every Member com- mand a recorded vote. ing to the floor trying to protect this The Acting CHAIRMAN. Pursuant to percent. Finally, let me just say that the group or the other group, and the clause 6 of rule XVIII, further pro- trouble that I have with this, that I whole thing falls apart. And if that ceedings on the amendment offered by hope every Member of Congress will happens, the Federal executive branch the gentleman from Colorado (Mr. have, is that we have spent over $1 mil- loses its major tool in trying to become TANCREDO) will be postponed. lion hiring consultants to study 25 em- more efficient and saving the tax- AMENDMENT NO. 2 OFFERED BY MR. CLEAVER ployees. That turns out to be $41,000 payers’ dollars. Mr. CLEAVER. Mr. Chairman, I offer per employee, more than many of them I do not know anything about the an amendment. earn. specifics of this one, but I know from a The Acting CHAIRMAN. The Clerk In April of this year, I, along with committee perspective we have tried to will designate the amendment. the gentleman from Missouri (Mr. look at this, we have tried to give Fed- The text of the amendment is as fol- SKELTON), Senators BOND and TALENT, eral employees appeals rights now, so lows: wrote the Department of Commerce that if they lose it that they can have Amendment No. 2 offered by Mr. CLEAVER: urging Secretary Gutierrez to bring appeals rights and things they have not Page 108, after line 7, insert the following: this privatization review to an end. had in the past. We have tried to give TITLE VIII—ADDITIONAL GENERAL However, despite this bipartisan sup- them protections. PROVISIONS port and the clear reasons for stopping But, Mr. Chairman, I would also join SEC. 801. None of the funds made available this review, the Department of Com- the gentleman from Virginia (Mr. by this Act may be used to process or ap- merce moved ahead. WOLF) in opposing this amendment, prove a competition under Office of Manage- Let me be clear, Mr. Chairman. This and urge my colleagues to do likewise. ment and Budget Circular A–76 for services amendment does not address even Mr. WOLF. Mr. Chairman, I yield provided by the National Logistics Support slightly the overall issue of con- myself such time as I may consume Center of the National Oceanic and Atmos- tracting out Federal jobs. just to say again, for the Congress to pheric Administration in Kansas City, Mis- Mr. Chairman, I reserve the balance souri. be voting on each and every procure- of my time. ment issue like this, it would just The Acting CHAIRMAN. Pursuant to Mr. WOLF. Mr. Chairman, I claim never end. So I reluctantly oppose the the order of the House of June 14, the time in opposition to the gentleman’s amendment. gentleman from Missouri (Mr. CLEAV- amendment, and I yield myself such Mr. Chairman, I reserve the balance ER) and a Member opposed each will time as I may consume. of my time. control 71⁄2 minutes. I rise in opposition to the gentle- Mr. CLEAVER. Mr. Chairman, I ask The Chair recognizes the gentleman man’s amendment to prohibit funds for how much time remains. from Missouri (Mr. CLEAVER). a competitive sourcing study. We had The CHAIRMAN. The gentleman Mr. CLEAVER. Mr. Chairman, I yield asked the gentleman to consider with- from Missouri (Mr. CLEAVER) has 5 myself such time as I may consume. drawing the amendment. We would minutes remaining. (Mr. CLEAVER asked and was given have a meeting with the Weather Bu- Mr. CLEAVER. Mr. Chairman, I yield permission to revise and extend his re- reau and really do everything we could. 1 minute to the gentleman from West marks.) But for the Congress to interfere and Virginia (Mr. MOLLOHAN). Mr. CLEAVER. Mr. Chairman, let me do something like this, would be un- Mr. MOLLOHAN. Mr. Chairman, I begin by thanking the gentlemen from precedented. rise in strong support of the amend- Virginia and West Virginia. They have I understand that NOAA first an- ment; and I certainly understand the both been very easy to work with. nounced this particular cost competi- reasons for the opposition of the chair- Mr. Chairman, the amendment I am tion in 2003. NOAA recently canceled man, the gentleman from Virginia (Mr. offering with my good friend and col- the competition to ensure that the WOLF), and the gentleman from Vir- league, the gentleman from Missouri statement of work is comprehensive ginia (Mr. TOM DAVIS) as well. If every (Mr. SKELTON), is a very simple amend- and plans to reannounce the study one of these studies were challenged in ment. It would simply prohibit any shortly. These competitions are con- this way, then it would be a lot of ac- funds appropriated under the bill from ducted pursuant to the Competitive tivity on these A–76 privatization re- being used to carry out an A–76 privat- Sourcing Initiative in the President’s views in the United States Congress. ization review of 25 employees at the Management Agenda, and NOAA sup- But not every one is, and those that National Oceanic and Atmospheric Ad- ports the competition. are particularly egregious, I think, June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4587 need to be brought to the floor. The this amendment with the other gen- The text of the amendment is as fol- gentleman from Missouri has done that tleman from Missouri, and I think lows: today, and I compliment him for that. there are several good reasons for it Amendment No. 18 offered by Mr. The gentleman from Missouri (Mr. and that the economics of the case TANCREDO: CLEAVER) makes the case that is being would compel that this proceed and Page 108, after line 7, insert the following: made by his constituents in Missouri, that the amendment be adopted. TITLE VIII—ADDITIONAL PROVISIONS in addition to the Members from the As I understand it, the chairman, and SEC. 801. None of the funds appropriated or other side of the Capitol, who are also we also heard from the gentleman from otherwise made available in this Act may be used to include in any bilateral or multilat- Virginia (Mr. TOM DAVIS) a few mo- supportive of his position. eral trade agreement any provision that Just understand that the National ments ago, would be willing to work on would— Logistics Support Center is a particu- this, because this is an exceptional sit- (1) increase any limitation on the number larly fine organization, and this review uation. I think the gentleman from of aliens authorized to enter the United is being undertaken for only one rea- Virginia, the chairman, recognizes States as a nonimmigrant, or to adjust to son. It is because management has that. such status; or been ordered to hit a particular numer- What would the chairman be willing (2) increase any limitation on the number ical privatization number. That is it. to do to see that this gets a fair shake? of aliens authorized to enter the United That is how arbitrary it is. It has noth- Because we have 25 employees out States as an alien lawfully admitted for per- there that are doing such a magnifi- manent residence, or to adjust to such sta- ing to do with the organization itself. tus. cent job, I just hate to see them go This organization has won tremendous The CHAIRMAN. Pursuant to the down the drain when, truth in fact, it awards. It does not merit privatization, order of the House of June 14, the gen- and I think it would be inefficient to do just should not happen. tleman from Colorado (Mr. TANCREDO) so. b 1245 and the gentleman from California (Mr. Mr. Chairman, I thank the gentleman If there was ever an amendment that THOMAS) each will control 5 minutes. for allowing me to rise in support of his ought to be adopted, but I understand The Chair recognizes the gentleman amendment. the gentleman’s position because you from Colorado (Mr. TANCREDO). Mr. WOLF. Mr. Chairman, I yield the Mr. TANCREDO. Mr. Chairman, I balance of my time to the gentleman would have 15 dozen of these amend- ments coming up here every time this yield myself such time as I may con- from Virginia (Mr. TOM DAVIS). sume. Mr. TOM DAVIS of Virginia. Mr. bill is brought up, but would you tell the gentleman from Missouri (Mr. Mr. Chairman, as a result of a pecu- Chairman, just a couple of things. First liar event arising out of the inclusion of all, to my friends here, I understand CLEAVER) what you are willing to do. Mr. WOLF. Mr. Chairman, will the of immigration provisions in the their concern. I tell them that I do not Singapore and Chile fast track trade know anything about this particular gentleman yield? Mr. SKELTON. I yield to the gen- bills of last year, I have decided to office. But it is not privatization; it is tleman from Virginia. offer this amendment that would re- competitive sourcing. Basically, this Mr. WOLF. Mr. Chairman, we would strict the use of funds in the bill to in- allows the government sector to com- be glad to work with the gentleman clude in any provision in any bilateral pete with the private sector to see how from Virginia (Chairman TOM DAVIS), or multilateral trade agreements that we can deliver a service to taxpayers too. The chairman of the committee would increase the number of aliens the most efficiently. has jurisdiction. We could have a meet- authorized to enter the United States The government wins 70 percent of ing, the gentleman could bring the rep- as an immigrant or nonimmigrant. these competitions, but in most cases resentative of the group out there, and Mr. Chairman, I reserve the balance ends up being more efficient as a result we would try to make sure that this is of my time. of that. They are able to retool their done appropriately. We would do every- Mr. THOMAS. Mr. Chairman, I yield 1 organizations and do things that, with- thing we possibly can. myself 2 ⁄2 minutes. out the competition, the marketplace This concern is if we did every one of Mr. Chairman, except for the provi- would probably not be incentivized to these on the floor, and if we did one for sion of the limitation of funds which do. the gentleman, there are probably 15 has become a gimmick to avoid the Secondly, there are no numerical Members that would then come for- committees of jurisdiction, this par- quotas or figures. In fact, Congress ward and say, Why did I not have an ticular piece of legislation would land took those out several years ago when opportunity? I give my word, we would right smack right in the middle of the this administration set targeted fig- work in good faith. Committee on Ways and Means in ures in terms of the amounts of com- Mr. TOM DAVIS of Virginia. Mr. terms of international trade. petitive sourcing they wanted to do Chairman, will the gentleman yield? There are two reasons to oppose the under OMB Circular A–76. So that Mr. SKELTON. I yield to the gen- amendment. The gentleman from Colo- should not be part of this. It is not tleman from Virginia. rado (Mr. TANCREDO) indicated that he legal to be doing this, and I hope that Mr. TOM DAVIS of Virginia. Mr. was concerned about content in the is not driving it in this case. Chairman, I think the gentleman Singapore and Chile free trade agree- But, again, for Congress to come makes a strong case for this particular ments. Had he consulted the chairman back and cherrypick different seg- item. I would be happy to work with of the committee of jurisdiction, he ments and say, this is exempt, and this the gentleman as well in my position would have found out that we had en- is exempt, basically destroys the whole as chairman of the Committee on Gov- tered into significant negotiations with system. And once again, although I am ernment Reform to make sure that the United States Trade Representa- sympathetic with where the gentleman these employees are fully protected as tive, and that they fully appreciate the wants to go on this, I think there are we move forward on this and given the fact that there will be no temporary other ways to accomplish it rather benefit of the doubt. provisions in any additional bilateral than coming to Congress. I think this Mr. CLEAVER. Mr. Chairman, I ask bills. They have expressly stated this will encourage everybody to offer these unanimous consent to withdraw my in side letters accompanying various kinds of amendments, and we will lose amendment, and express appreciation agreements. In addition, the United one of the greatest tools we have to- to both gentlemen from Virginia, and States Trade Representative has com- ward government efficiency, and I look forward to working with them. mitted to the committee of jurisdic- would urge the amendment be defeated. The CHAIRMAN. Without objection, tion that it will not deal with any Mr. CLEAVER. Mr. Chairman, I yield the amendment is withdrawn. issues related to temporary entry with- 2 minutes to the gentleman from Mis- There was no objection. out extensive consultation with Con- souri (Mr. SKELTON). AMENDMENT NO. 18 OFFERED BY MR. TANCREDO gress and the appropriate committees. Mr. SKELTON. Mr. Chairman, if the Mr. TANCREDO. Mr. Chairman, I The second reason to oppose this gentleman from Virginia will yield for offer an amendment. amendment is because as we speak, the a colloquy, I fully understand, as the The CHAIRMAN. The Clerk will des- United States is attempting to nego- gentleman knows I am a co-sponsor of ignate the amendment. tiate the Doha Round, especially in the H4588 CONGRESSIONAL RECORD — HOUSE June 16, 2005 area of market access for U.S. goods, the kind of decisions that this amend- about the United States’ commitment services and agricultural products in ment is trying to make. This is an ap- to seeking liberalization in goods, agri- emerging markets. The United States propriations bill. This is for the Com- cultural services in the Doha Round. was principally responsible for making mittee on Ways and Means, to do, and At a time when the services sector ac- sure the Doha Round went forward. not to try to slip into an appropria- counts for 8 out of 10 U.S. jobs and A provision of the market access, or tions bill. roughly 30 percent of U.S. exports, we so-called GATS Mode 4, involves the Second, this amendment addresses have much to gain from these negotia- discussion in negotiation over tem- legal immigration. If there is anything tions. Let us not tie the hands of those porary movement of business per- we need to do, it is to be able to debate negotiating for the United States. sonnel. If this amendment were to pass, and discuss and compromise on how we Mr. TANCREDO. Mr. Chairman, I we would be fundamentally and sub- deal with legal immigration, not to yield myself 15 seconds. stantively undermining the United limit it on an appropriation bill. Mr. Chairman, the fact is if there is States in its attempts to negotiate Finally, Mr. Chairman, there are an agreement made, and Members feel agreements favorable to the United skills that we need in this country, and secure in the fact that there are never States in terms of market access. we have to be very careful about how going to be any immigration provisions The chairman of the Committee on we might impact our ability to access in a trade agreement, then no Member Ways and Means would have appre- those skills through this kind of a should be concerned about my amend- ciated knowing that this amendment process. ment. We should allow it to pass in was coming because of these two vital Mr. TANCREDO. Mr. Chairman, I order to establish that as the will of pieces of information: One, it is not yield myself 30 seconds. Congress. necessary. We have taken steps to en- Mr. Chairman, the gentleman men- Mr. THOMAS. Mr. Chairman, I yield sure it does not happen. And, two, an tions the need to debate. I absolutely myself the balance of my time. expression of undermining the United believe in the need to debate these Mr. Chairman, I will repeat the sec- States as it attempts to negotiate issues, especially immigration issues. ond point I made. We are currently in through the World Trade Organization But when they get wrapped up into delicate negotiations in the World fundamental agreements beneficial to trade agreements, we cannot. That is Trade Organization on market access, the United States makes no sense the purpose of my amendment, to en- and one of the provisions is the ques- whatever. sure that debate stays in this Congress tion of temporary movement of legal Mr. Chairman, I reserve the balance where it belongs, not in the negotia- aliens; not that it will be done, but of my time. tions between trading partners. that it is being discussed. Mr. TANCREDO. Mr. Chairman, I It is the unique responsibility of the The gentleman’s amendment will yield myself 30 seconds. Congress of the United States to estab- pull the rug out from the United Of course, this amendment was print- lish immigration procedures. It is not States. The amendment will have sig- ed in the CONGRESSIONAL RECORD 4 days something that we should cede over to nificant effects, and it should not pass. ago. I assume that was an indication of our trade negotiators. Mr. TANCREDO. Mr. Chairman, I our intent to offer it. I am pleased also Mr. Chairman, I reserve the balance yield myself the balance of my time. to hear, as the chairman has indicated, of my time. If it would have significant effect, that arrangements have been discussed Mr. THOMAS. Mr. Chairman, I yield then I am even more sure we need to about this, and there have been prom- myself 15 seconds. pass it, because, of course, we have to ises made that none of this kind of Mr. Chairman, we just voted in com- make sure that this is something that thing will come forward. Of course, if mittee on the question of a trade the Congress deals with, not trade rep- that is the case, this amendment agreement with the Central America resentatives. should not provide a problem for any- free trade region. It is extensively de- It happened last year when the trade one. We should simply make sure that bated, it is discussed by the commit- agreements with Chile and Singapore we put in place the rule that Congress tees of jurisdiction, and the adminis- came to the floor. A number of Demo- determines our immigration policy. We tration has to listen to what Congress crats joined with me in expressing did not give that up with TPA. has to say. It is entirely appropriate their concern about that. I remember Mr. Chairman, I reserve the balance that it be done through the appropriate particularly the gentlewoman from of my time. committees. Texas (Ms. JACKSON-LEE) who came Mr. THOMAS. Mr. Chairman, I yield Mr. Chairman, I yield 1 minute to the down and was furious about the fact myself such time as I may consume. gentleman from Florida (Mr. SHAW), that these trade agreements included Mr. Chairman, having to search the chairman of the Subcommittee on immigration provisions. through the CONGRESSIONAL RECORD to Trade. Well, I would respectfully request, discover that someone is meddling in Mr. SHAW. Mr. Chairman, this just remember your words because another committee’s jurisdiction is amendment does not just apply to they are true. It is an example of the probably not the best way to make these trade agreements. The amend- fact that we do have something to fear sure that the United States passes laws ment would prevent the use of the that this amendment is being opposed that are in the interest of the United funds by State, Justice, Commerce and to the extent it is by the chairman and States. related agencies for any negotiations others. The fact is if they are fearful of Mr. Chairman, I yield 1 minute to the that would have the effect of increas- what this amendment might do, then gentleman from West Virginia (Mr. ing immigration. we have to pass it. MOLLOHAN). The amendment is unnecessary. The I supported fast track authority for Mr. MOLLOHAN. Mr. Chairman, I U.S. Trade Representative, as we have the President when it passed the House rise in strong opposition to the already heard, has long recognized that and have supported a number of trade Tancredo amendment. Let me first say trade agreements are not the appro- agreements that have come before this that I take a back seat to no one in priate forum to negotiate provisions body. It is not the issue of trade that being concerned about the effects of regarding permanent immigration. we are debating here. It is also not the the internationalization of our econ- In addition, the U.S. Trade Rep- issue of whether or not service agree- omy. I represent the steel industry and resentative has confirmed with the ments should be dealt with, because other basic industries that have been Committee on the Judiciary that it service agreements, that is just a eu- disadvantaged in this whole process will refrain from negotiating any im- phemism for immigration provisions terribly, and we have been concerned migration provisions in any trade that are identified mostly by certain about the inadequacy of trade agree- agreement negotiated since implemen- categories that mean essentially guest ments as they do not protect these in- tation of the Singapore and Chile worker provisions. We have that. It is dustries during the short term. agreements, including the agreement in the law. Congress establishes the The first thing I want to say about in the World Trade Organization. number of people that will be allowed the Tancredo amendment, is that this This amendment would send a very into this country for the purpose of is a particularly bad vehicle to make negative signal to our trading partners providing services. That should be June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4589 something we decide. It should not be a that has not shared, with the Attorney Gen- provision of law, nothing contained in part of these agreements. eral, its improvement of criminal justice this chapter shall be construed to au- They come to us after the discus- records as described in Section 3759 of Title thorize the National Institute of Jus- sions. Even in committees, they come 41, United States Code. tice, the Bureau of Justice Statistics, to the floor, and Members know what The CHAIRMAN. Pursuant to the or the Law Enforcement Assistance happens; it is either we take it or leave order of the House of June 14, the gen- Administration to ensure that there is it. We cannot amend it. That is the tlewoman from Texas (Ms. JACKSON- fairness. We have worked on this mat- concern that we have. LEE) and the gentleman from Virginia ter with my colleagues on the Judici- Whether or not we agree with immi- (Mr. WOLF) each will control 5 minutes. ary Committee, particularly the gen- gration caps, issues that should be de- The Chair recognizes the gentle- tleman from Michigan (Mr. CONYERS). bated openly and talked about openly woman from Texas (Ms. JACKSON-LEE). I offer this amendment to my col- are immigration, who has the responsi- Ms. JACKSON-LEE of Texas. Mr. leagues to say it does not violate cur- bility for establishing immigration Chairman, I yield myself such time as rent law; it only requires State agen- law? As I say, it is the Congress of the I may consume. cies to share the ability to improve United States. It has nothing to do Mr. Chairman, this is an amendment their criminal justice records to show with people who are negotiating our that does not violate current law, does that they are not discriminating. trade arrangements. That is something not in any way violate any concerns Mr. Chairman. I thank the Chairman from that is important for us to understand. that the majority would have, and I Virginia as well as the Ranking Member, from It is a peculiar aspect of these trade ar- thank both the chairman and the rank- West Virginia for their bipartisan work to rangements that, as I say, has only ing member for over the past couple of produce a Unanimous Consent Agreement happened in the last few years. But I days working with me on some of the that made this very important amendment in fear that the past is prologue, and that concerns I have expressed. But I par- order. The Jackson Lee amendment seeks to is exactly where we are going with ticularly offer to them this amendment restore ‘‘justice’’ into the Justice system by these things. They will attempt to ob- because it is an amendment of fairness making the operation of federally-funded state fuscate, and it will not be all that clear in Federal funding that, by the way, and local anti-drug task forces more trans- that they are in there, but they will be the President of the United States ex- parent in order to prevent nightmares such as in there. They will be in there as serv- tinguished, if you will, in his budget those that occurred in Tulia, Texas and more ice agreements, as the chairman has but we added back in a bipartisan way recently in Hearne, Texas. indicated. the antidrug task forces. But what we Grants to fund state and local anti-drug task did not support in the supporting of the forces come from the ‘‘Edward Byrne Memo- b 1300 funding was the discriminatory treat- rial State and Local Law Enforcement Assist- Does that even raise a red flag with ment of the prosecutions and arrests. ance Programs (Byrne Program), ’’ In Title 42 regard to immigration policy? But it I rise today in the name of the vic- U.S.C. Subchapter V. As a member of the most certainly is immigration policy. tims of Tulia and Hearne, two cities in House Law Enforcement Caucus, I am an ar- It is imperative, therefore, that we the State of Texas symbolic of cities dent proponent of initiatives that strengthen simply establish our control over im- around the Nation with antidrug task and support our law enforcement agencies. migration policy. Enough authority forces who in the past have had arrest Furthermore, as a member of the Committee has been handed over to our trade ne- and conviction on the single testimony on Homeland Security, I make it a goal when- gotiators already. When we enter into of one individual. The case in Tulia ever possible to advocate for increased fund- bilateral and multilateral trade poli- showed premeditated perjury, no other ing, better facilities, training, and equipment, cies, we also, then, of course, enter into evidence but the word of one task force and for improved interoperable communica- jurisdictional issues with regard to the member against 15 to 30 African Ameri- tions for these first responders. However, with WTO. I am not willing to turn over my cans who were ultimately destroyed, this amendment, I seek to restore the integrity, responsibility as a Congressman to the taken away from their families, pros- honesty, evenhandedness, and judiciousness WTO for trade or for immigration ecuted, convicted, and jailed. of our law enforcement agencies. issues. This amendment speaks to the need 42 U.S.C. Sec. 3789d section (b) of the I ask for an ‘‘aye’’ vote. of ensuring that there is corroborated ‘‘Omnibus Crime Control and Safe Streets Act The CHAIRMAN. The question is on evidence either showing the drugs, ei- of 1968,’’ reads the amendment offered by the gen- ther showing video or another witness (b) Racial imbalance requirement restric- tleman from Colorado (Mr. TANCREDO). that would corroborate that this par- tion ticular individual was engaged in drug Notwithstanding any other provision of The question was taken; and the law, nothing contained in this chapter shall Chairman announced that the noes ap- usage or drug possession or drug sell- ing. The Jackson-Lee amendment be construed to authorize the National Insti- peared to have it. tute of Justice, the Bureau of Justice Statis- Mr. TANCREDO. Mr. Chairman, I de- seeks to restore justice into the justice tics, or the Law Enforcement Assistance Ad- mand a recorded vote. system by making the operation of fed- ministration— The CHAIRMAN. Pursuant to clause erally funded State and local antidrug (1) to require, or condition the availability 6 of rule XVIII, further proceedings on task forces more transparent in order or amount of a grant upon the adoption by the amendment offered by the gen- to prevent nightmares such as those an applicant or grantee under this chapter of a percentage ratio, quota system, or other tleman from Colorado (Mr. TANCREDO) that occurred in Tulia, Texas. Grants to fund State and local antidrug task program to achieve racial balance in any will be postponed. criminal justice agency; or forces come from the Edward Byrne AMENDMENT OFFERED BY MS. JACKSON-LEE OF (2) to deny or discontinue a grant because TEXAS grants. of the refusal of an applicant or grantee Ms. JACKSON-LEE of Texas. Mr. As a member of the House Law En- under this chapter to adopt such a ratio, sys- Chairman, I offer an amendment. forcement Caucus, I am an ardent pro- tem, or other program. The CHAIRMAN. The Clerk will des- ponent of initiatives that strengthen The Jackson Lee amendment does not seek ignate the amendment. and support our law enforcement, but to contravene this provision of the law. Rather, The text of the amendment is as fol- we also need to ensure that we have the amendment does seek to hold the State lows: the right kind of training and funding and local grant recipients accountable for the and better facilities, the same thing manner in which they conduct their anti-drug Amendment offered by Ms. JACKSON-LEE of that I argued for as a member of the Texas: programs. At the end of the bill (preceding the short Committee on Homeland Security in Mr. Chairman, the type of reporting that is title), insert the following: supporting first responders. But we prescribed under my amendment is authorized TITLE VIII—ADDITIONAL GENERAL have a grant process that does not pro- in law as found in 42 U.S.C. 3782, 42 U.S.C. PROVISIONS tect against the racial imbalance of 3759, and 42 U.S.C. 3789e, the Byrne Pro- SEC. 8. ll. None of the funds made avail- the prosecutions of African Americans gram as well as 42 U.S.C. 3751 and 3753. able in this Act under the heading ‘‘OFFICE and other minorities. Section 3782 lays out the parameters of the OF JUSTICE PROGRAMS—JUSTICE ASSISTANCE’’ Racial imbalance requirement re- establishment of rules, regulations, and ‘‘pro- may be used by the State Authorizing Agent strictions: notwithstanding any other cedures that are necessary to the exercise’’ of H4590 CONGRESSIONAL RECORD — HOUSE June 16, 2005 agency function in carrying out the provisions behalf of 28 African Americans, offered to set- tinguished gentleman from Michigan of Byrne. Specifically, it authorizes the promul- tle the case after five years of litigation. This (Mr. CONYERS). gation of rules and regulations that ensure that case arose from the arrest of these 28 individ- (Mr. CONYERS asked and was given the entire program has a ‘‘high probability of uals—out of 4,500 other residents of Hearne permission to revise and extend his re- improving the criminal justice system’’ and is in November 2000 on charges of possession marks.) ‘‘likely to contribute to the improvement of the or distribution of crack cocaine. During litiga- Mr. CONYERS. Mr. Chairman, the criminal justice system and the reduction and tion, the presiding judge was asked to dismiss Jackson-Lee amendment, which is prevention of crime.’’ More importantly, how- the charges because they were based on evi- really based on the concept of no more ever, the rules and regulations promulgated dence from an unreliable informant, as re- Tulias, is one that I hope my col- must help the reporting agencies determine ported to the Houston Chronicle. Furthermore, leagues will support. None of the funds the program’s ‘‘impact on communities and reportedly, Task Force officers in the case made available in this act under the participants.’’ The very negative results of the suggested that the informant had added bak- heading ‘‘Office of Justice Programs’’ program that we saw in Tulia and Hearne, ing soda to narcotics recovered as evidence in may be used by a State authorizing Texas clearly and unequivocally contravene one of the cases. agent that has not shared, with the At- these provisions, and the Jackson Lee amend- These scandals are not the result of a few torney General, its improvement of ment seeks to correct this problem. ‘’bad apples’’ in law enforcement; they are the criminal justice records as described in Section 3789e contains a report to the result of a fundamentally flawed bureaucracy section 3759 of title 42. President and to Congress that relates to the that is prone to corruption by its very structure. We remember the Tulia incident with nature of the activities conducted under this Byrne-funded regional anti-drug task forces great pain. This case arose out of Texas in which huge numbers of African program. The Jackson Lee amendment seeks are federally-funded, state managed, and lo- Americans, 15 percent of the African to ensure that unethical and dishonest applica- cally staffed, which means they do not really American population was arrested and tion of anti-drug task forces funded under this have to answer to anyone. In fact, their ability prosecuted and sentenced to decades in program do not slip through the cracks. Mr. to perpetuate themselves through asset for- prison. This is our response to how we Chairman, this amendment is vital to pro- feiture and federal funding makes them unac- handle it. I urge support of our col- tecting the integrity and the evenhandedness countable to local taxpayers and governing league from Texas, a member of the Ju- of the activities funded under this program. bodies. diciary Committee, on this amend- Many years of Civil Rights jurisprudence and To date, fifty (52) organizations at the na- ment. law have been ignored and thrown out the tional, state, and local levels have signed on Ms. JACKSON-LEE of Texas. Mr. window when America permitted situations their support for this legislation and would sup- Chairman, I yield 20 seconds to the dis- such as that in Tulia and Hearne to take place port this important amendment that is con- tinguished gentleman from Texas (Mr. with impunity! sistent with its goals. Mr. Chairman, I ask that DOGGETT). Improper and illegal operation of anti-drug my colleagues on this very distinguished Sub- Mr. DOGGETT. Mr. Chairman, what task forces was the impetus for my introduc- committee work with me to accept this impor- happened in Tulia was a true disgrace. tion of H.R. 2620, The Law Enforcement Evi- tant amendment. It is not an isolated example. While dentiary Standards Improvement Act of 2005. I would like to thank my staff member Dana most of our law enforcement officers This bill will provide much-needed oversight Thompson for his detailed work on this impor- and prosecutors do a fine job and we and accountability for the millions of federal tant amendment. Thank you, Dana. support them, the type of information dollars distributed to state and local law en- Mr. Chairman, I reserve the balance that this amendment would gather can forcement agencies to fight the drug war. Its of my time. only be helpful to them and effective provisions propose to minimize the injustice of Mr. WOLF. Mr. Chairman, I yield law enforcement, and will do more to erroneous arrests and convictions by (1) en- myself such time as I may consume. protect innocent victims like those in hancing the evidentiary standard required to Mr. Chairman, this is a different Tulia. A gubernatorial pardon or a convict a person for a drug offense and (2) im- amendment than was printed in the damage award, do not satisfy the full proving the criteria under which states hire law RECORD. I am not even sure that it ad- concerns of those who were injured in enforcement officers to participate in drug task dresses the same issue. We were told we Tulia. forces. had the ability to prohibit the amend- Mr. MOLLOHAN. Mr. Chairman, I In recent years, it has become clear that ment to be offered and I did not even move to strike the last word. programs funded by the Edward Bryne Memo- want to do that. We felt that whatever The CHAIRMAN. The gentleman rial Justice Assistance Grant program have the outcome was, it should be. The from West Virginia is recognized for 5 borne opportunities for the abuse of the penal amendment unnecessarily takes away minutes. system, racially disparate treatment, corruption from funds from State and local law Mr. MOLLOHAN. Mr. Chairman, I and tainting of law enforcement agencies, and enforcement. We just saw the amend- yield 11⁄2 minutes to the gentlewoman the commission of civil rights abuses across ment. I saw it 2 minutes ago, maybe it from California (Ms. WATERS). the country. This is especially the case when was 5 or 6 minutes ago. Ms. WATERS. Mr. Chairman, I rise in it comes to the program’s funding of hundreds We do not know the full impact of support of this very important amend- of regional narcotics task forces. Operation of the funding prohibition. All we know is ment. This amendment would simply anti-drug task forces around the country, that the amendment will cut funds to cause to have funds withheld for State which has lacked state or federal oversight, fight crime. I told the gentlewoman we or local antidrug task forces that do has been riddled with corruption and is the will continue to work with her on this not collect and make publicly available root of some of America’s most horrific law en- issue. Just 5 minutes before, is it the data as to the racial distribution of forcement-related scandals. same thing that the reference said it convictions made as a result of their One of the better known federally-funded would be? Where does the language operation. This is so important. I had anti-drug task force scandals occurred in come? If my memory serves me cor- many of the members from Tulia, Tulia, Texas several years ago. Fifteen per- rectly, there have been many amend- Texas, here at the Congressional Black cent (15%) of the African American population ments to add into that category that Caucus week where we do our legisla- was arrested, prosecuted, and sentenced to we have spent time here. tive conference. Thirty-nine of them decades in prison based on the Because of all those reasons, not for were black. They were arrested on drug uncorroborated testimony of a federally-funded the subject matter, but for all those charges. There were 38 convictions, undercover officer who had a record of racial reasons, I would urge a ‘‘no’’ vote on based primarily on the testimony of impropriety in the course of enforcing the law. that. one informant who was later discred- The Tulia defendants have since been par- Mr. Chairman, I reserve the balance ited. This one informant, this one man, doned, but these kinds of scandals continue to of my time. had a record, he had a history, he lied, plague the Byrne grant program. Ms. JACKSON-LEE of Texas. Mr. they came from a small town where no- In fact, just a month ago, on May 11, 2005, Chairman, how much time is left? body cared whether or not there was the defendant, the District Attorney of Robert- The CHAIRMAN. The gentlewoman real evidence, and this was just out- son County, in Hearne, Texas and the South has 2 minutes remaining. rageous. Central Texas Narcotics Task Force, in a case Ms. JACKSON-LEE of Texas. Mr. The gentlewoman from Texas is abso- filed by the American Civil Liberties Union on Chairman, I yield 1 minute to the dis- lutely correct. This information must June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4591 be made available so that we can stop Mr. Chairman, I am a former judge enforcement. This takes money from this kind of misjustice and miscarriage and a trained lawyer, and I have con- State and local law enforcement and of the law. I not only support it, I sistently worked with law enforcement puts it not even completely where peo- would urge my colleagues to do so. across America and in my hometown ple even know it is. The gentleman Mr. MOLLOHAN. Mr. Chairman, I and in my State. I am not here to im- from New York (Mr. WEINER) had a yield 1 minute to the distinguished pugn the hard work of good law en- great debate here. I think he wanted to gentleman from Texas (Mr. DOGGETT). forcement officers. I just want there to take $126 million from NSF to put it in Mr. DOGGETT. Mr. Chairman, I rise be a balance between the rights of State and local law enforcement. This to commend the gentlewoman from Americans and the law enforcement takes money from State and local law Texas for her leadership on this issue. system and the judicial system. We enforcement and puts it somewhere I believe that getting additional infor- cannot have a system of Federal fund- else. The beat goes on. The beat goes mation can only be helpful to the many ing that will fund antidrug task forces on. law enforcement and prosecuting agen- or other efforts that are not complying So, because not knowing what this cies that are trying to do an effective with the law, submitting cases that, in does, we are going to go ahead and op- job of protecting our families. fact, have evidence, corroborating evi- pose this. I just think if Members want We have had now two instances that dence, have video, have another wit- to vote on something they do not un- are publicly known in Texas of pros- ness, have the drugs that person is al- derstand, I think they ought to come ecutorial abuse concerning the inves- leged to have actually had in their pos- down here and vote on something that tigation and enforcement of our drug session. they do not understand. I think that is laws, and they were really outrageous This simply requires agencies receiv- part of their right to being here, but I examples—so outrageous that a Repub- ing Federal funds in law enforcement do not understand it. lican Governor pardoned all the people instances to improve their criminal Ms. JACKSON-LEE of Texas. Mr. involved in the Tulia incident. There justice record and to acknowledge that Chairman, will the gentleman yield? have also been civil damage awards. it is unfair to discriminate and pros- Mr. WOLF. I yield to the gentle- But the damage done to a family by ecute one race, one community, one woman from Texas. what wrongdoing can occur is serious, city, one rural area. I know we can do Ms. JACKSON-LEE of Texas. Mr. and a pardon and a damage award is this in a bipartisan way, and I ask my Chairman, first of all, the gentleman is not enough to make up for the harm to colleagues to support this amendment. correct that he has worked with many that family. Mr. WOLF. Mr. Chairman, I yield Members, including myself, and he is Getting the information will help myself the balance of my time. correct on that. I respectfully say that prevent these incidences from hap- I urge a ‘‘no’’ vote on this. The gen- he is incorrect, and we thank him for pening, allow effective law enforce- tlewoman probably would have been allowing the amendment to go forward, ment, and appropriate protection for prohibited from offering the amend- but we worked not to not have a point individual rights. We must not let rac- ment. We said fine. The amendment of order, and the amendment is not ism contaminate our law enforcement. was changed. In fact, the title was changed from what it was previously. Mr. MOLLOHAN. Mr. Chairman, I there and then the amendment It just clarifies it so it would not be yield myself 1 minute. changed. I do not think anybody truly subject to a point of order, and all it Mr. Chairman, I would just point out here knows, I do not care where they does is ask for a reporting of these that this amendment by the gentle- went to law school, what it truly does records to ensure fairness. woman simply asks the Attorney Gen- and what it truly means. And I would love to work with the eral, the State authorizing agencies, to distinguished gentleman. I hope we can 1315 do what they are supposed to do under b work together because he has been fair, the law and to do it accurately and They could have gone to UVA, and I want the RECORD to show that. faithfully and that, among other Georgetown, Harvard, or Timbuktu. But this is hurting the hearts and things, it refers to requiring complete Secondly, if I could have the gentle- minds of constituents across America. criminal histories, to include final dis- woman’s attention, I offered to her to And I know we have good law enforce- position of arrests, the full automation let us sit down and talk about this. No- ment, and I know the States would not of criminal justice histories and finger- body is opposing necessarily what she be offended, nor would they be bur- print records, the frequency and qual- is trying to do. Let us sit down. Let us dened by simply reporting this infor- ity of the criminal history reports and talk about it. Let us work it. No, we mation. I ask the gentleman to under- the improvement of State records sys- are going to go ahead and do it. stand that there was no offense in- tems. I think it is very benign in that So this institution has to have some tended, and I thank him for the kind- sense and requires States and govern- definition, or else we just take any ness he has shown, but this is an im- ments to report as they are supposed to amendment that comes along. portant issue. report under our laws. So all the amendments, I counted Mr. WOLF. Mr. Chairman, reclaiming For that reason, Mr. Chairman, I ex- them up. The gentleman from Wash- my time, if we offered to work with the press my support for it. ington wanted to take money from the gentlewoman to resolve the issue, I Mr. Chairman, I yield the balance of bill to put it in State and local law en- think, from where I come from, that my time to the gentlewoman from forcement. This takes money from resolves the issue. But she has offered Texas (Ms. JACKSON-LEE). State and local law enforcement and something that we do not even know The CHAIRMAN. The gentlewoman puts it somewhere else. The gentleman what it does. It takes funds from an from Texas is recognized for 11⁄2 min- from Nebraska (Mr. TERRY) wanted to area that everyone else is saying they utes. take money from the rest of the bill do not want to take it from, I am hav- Ms. JACKSON-LEE of Texas. Mr. and put it into State and local law en- ing a hard time understanding what Chairman, I would like to ask the forcement. This takes it from State that precisely means. chairman if he has any additional and local law enforcement and puts it And I would say we could get both of speakers. somewhere else. The gentleman from these amendments in different versions Mr. WOLF. I will close. Iowa (Mr. BOSWELL) wanted to take and send them to Georgetown Law Ms. JACKSON-LEE of Texas. Let me money from another part of the bill, School or UVA Law School or George thank the distinguished ranking mem- and God bless him, he had a good Mason Law School and see if they ber for his review of the amendment amendment, and put it in State and think there is any change. I understand and clarifying and making it a very di- local law enforcement. This takes it we offered to work with her. I thought rect and very simple proposition. Many from State and local law enforcement that was really the right thing to do. years of civil rights jurisprudence law and puts it somewhere else; for what, With that I urge a ‘‘no’’ vote on an have been ignored and thrown out the we are not even sure. The gentleman amendment that I am not sure what it window when America permitted situa- from New Jersey (Mr. GARRETT) wanted does. tions such as that in Tulia and Hearne to take money from the rest of the bill The CHAIRMAN. The time of the to take place with impunity. to put it where? In State and local law gentleman has expired. H4592 CONGRESSIONAL RECORD — HOUSE June 16, 2005 The question is on the amendment fectiveness of the .50-caliber sniper I point out that this Moran amend- offered by the gentlewoman from Texas rifle cannot be overemphasized when a ment has been a moving target, Mr. (Ms. JACKSON-LEE). round of ammunition purchased for Chairman. This thing has been moving The question was taken; and the less than 10 U.S. dollars can be used to around the last couple of days, and I Chairman announced that the noes ap- destroy or disable a modern jet air- have been trying to get ahold of the peared to have it. craft.’’ final draft of the final Moran amend- Ms. JACKSON-LEE of Texas. Mr. I should repeat that because it is ment so I can finally look at the lan- Chairman, I demand a recorded vote. hard to believe. But despite this guage that is finally going to be pre- The CHAIRMAN. Pursuant to clause unparelleled potential for damage, in- sented to this Congress that would set 6 of rule XVIII, further proceedings on cluding the threat posed to railcars final policy on our export policy with the amendment offered by the gentle- carrying hazardous materials and civil regard to one single caliber of firearms, woman from Texas (Ms. JACKSON-LEE) aviation, the .50-caliber is easier to ob- and not even the whole entire caliber will be postponed. tain than a handgun and no less avail- of that particular firearm, but just a AMENDMENT OFFERED BY MR. MORAN OF able than a common shotgun. very small segment of it. And now this VIRGINIA Governor Schwarzenegger, who re- final language that I have in this mov- Mr. MORAN of Virginia. Mr. Chair- cently signed a law banning the .50-cal- ing target says that it would ban the man, I offer an amendment. iber in California, stated that this gun utilization of Federal dollars for the The CHAIRMAN. The Clerk will des- is ‘‘a clear and present danger to the regulation for ‘‘the export of a non- ignate the amendment. public’s safety.’’ automatic or semiautomatic rifle,’’ not The text of the amendment is as fol- These guns are sought after by ter- rifles, ‘‘capable of firing a center-fire lows: rorists, warlords, drug smugglers, and cartridge in 50-caliber,’’ or the like, ‘‘to Amendment offered by Mr. MORAN of Vir- other individuals looking to use the any nongovernmental entity,’’ which I ginia: .50’s exceptional power, accuracy, and commend the gentleman from Virginia At the end of the bill (before the short distance for terrorist and criminal pur- for removing the broader language and title), insert the following: poses. narrowing it down to a nongovern- TITLE VIII—ADDITIONAL GENERAL There have been any number of sub- mental entity. This is an improvement PROVISIONS stantiated reports that al Qaeda, the in this particular amendment. LIMITATION ON USE OF FUNDS TO LICENSE IRA, and the KLA have purchased a But this amendment says ‘‘nonauto- EXPORT OF CENTERFIRE 50 CALIBER RIFLES number of these guns in recent years. SEC. 801. None of the funds made available matic or semiautomatic rifle.’’ It does There is an arms race taking place just not address fully automatic 50-caliber in this Act may be used to pay administra- south of the border in Mexico where tive expenses or compensate an officer or machine guns, but it does target rifles, employee of the United States in connection drug cartels are employing .50-calibers rifles that I call buffalo guns that go with licensing the export of a nonautomatic in a bloody turf war that has resulted back to the 1800s in this country. The or semiautomatic rifle capable of firing a in the deaths of hundreds of people Sharp’s 50-caliber is one of the original center-fire cartridge in 50 caliber, .50 BMG caught up in the crossfire. 50-caliber long-range rifles. It was used caliber, any other variant of 50 caliber, or The ‘‘60 Minutes’’ TV show has re- to implement buffalo hunting back in any metric equivalent of such calibers, to ported at length on this issue. In their any nongovernmental entity. those years, and its being a 50-caliber most recent piece, they profile an Alba- is not the reason why it is among the The CHAIRMAN. Pursuant to the nian American gunrunner named Flor- most accurate long-range rifles, but be- order of the House of June 14, the gen- in Krasniqi. Mr. Krasniqi details how cause they chose that caliber back tleman from Virginia (Mr. MORAN) and he has coordinated the export of .50- then for long-range accuracy, and they a Member opposed each will control 5 calibers from the U.S. to arm the developed the cartridge for that kind of minutes. Kosovo Liberation Army in their gue- target shooting. And, in fact, there has The Chair recognizes the gentleman rilla war to break away from Serbia. been an entire organization that has from Virginia (Mr. MORAN). The reason the .50-caliber was his grown up around target shooting that Mr. MORAN of Virginia. Mr. Chair- weapon of choice, he stated simply, has to do with the 50-caliber, that ven- man, I yield myself such time as I may ‘‘You could kill a man from over a mile erable buffalo gun, and I believe they consume. away. You can dismantle a vehicle are called the 50-caliber Target Shoot- I rise today to offer an amendment from over a mile away.’’ And they are that would strengthen current State ing Club, and I know that they have so easy to buy. been organized for over 20 years. So Department policy regarding the ex- If we are not going to deal with the this amendment would target rifles port of .50-caliber sniper rifles. Under danger that .50-calibers pose to the when there is not a record of their this amendment only official govern- American public, let us at least pre- being used for crime. There are allega- ment entities would be allowed to pur- vent the export of these weapons of ter- tions, but not a record that I can find. chase these weapons through the ex- ror to foreign terrorists. Restricting port process. The language of the exports of .50-calibers is necessary be- And I look at some of these quotes: amendment would simply prevent ex- cause, unlike most items controlled ‘‘Could be used to destroy or disable a port to any nongovernmental entity; in under the U.S. Munitions List and modern jet aircraft.’’ Are we going to other words, the arms dealers that comparable international control lists, outlaw every caliber and every weapon bought 25 of them for al Qaeda and the firearms are frequently licensed for that could be used to destroy or disable representatives of the IRA and the commercial resale, increasing the like- a modern jet aircraft? If that is the KLA. lihood that they will end up in the case, then we take every deer rifle out The .50-caliber sniper rifle is in a hands of our enemies. of the rack and out of every cabinet of class by itself. A weapon of war, the Mr. Chairman, this is a human rights every home in America because they Army Handbook on Urban Combat issue, and it is an issue of protecting can be used the same way. We can states that the .50-caliber was designed our national security. We need to pass name caliber after caliber that could to attack both fuel tanks and other im- this amendment. destroy or disable a modern jet air- penetrable targets. It is considered able Mr. Chairman, I reserve the balance craft. In fact, sometimes we are a little to penetrate all but the heaviest of my time. concerned about that happening. shielding material from up to a mile Mr. KING of Iowa. Mr. Chairman, I The fact that the Governor of Cali- away. rise to claim the time in opposition to fornia advocates an assault on the 50- This high-powered antimateriel the amendment. caliber target rifle, the buffalo gun, weapon has even been touted by its The CHAIRMAN. The gentleman does not convince me in the least, but manufacturers in advertisements that from Iowa (Mr. KING) is recognized for this would not do anything to prevent it is capable of disabling or destroying 5 minutes. a 49-caliber or a 51-caliber or going a a modern jet aircraft. I quote from Bar- Mr. KING of Iowa. Mr. Chairman, I little bigger or a little smaller. It rett Firearms Manufacturing. In their yield myself such time as I may con- would encourage that. But what it advertisement, they say, ‘‘The cost-ef- sume. would do, Mr. Chairman, is it would June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4593 make the 50-Caliber Shooting Club ex- That is the point of it. These are un- partment from spending taxpayer dol- clusively a USA club, and it would con- paralleled weapons. I am not trying to lars to restrict funding for the United tinue to develop the 50-caliber shooting restrict them in the United States. Nations Population Fund, UNFPA. The in the United States, but our foreign They can have these U.S. clubs for .50 effect of this amendment would be to friends that are involved in the same caliber guns. I just do not want them release much-needed funds to help thing that we are here, legitimate sold by arms dealers. We know that is women, children, and men in nearly 150 hunting, legitimate target shooting what is happening, and they are get- countries around the world. and development of a venerable weap- ting into the hands of our enemy. For 3 years, the Bush administration on, would be prevented from doing so In a day when we see reports about has withheld $34 million annually from for an illogical reason, if there is a rea- people being arrested on public prop- UNFPA that passed both the House and son at all. erty because they were photographing Senate. UNFPA is the only multilat- Mr. Chairman, I reserve the balance public buildings, on the one hand, and eral agency devoted to helping devel- of my time. then on the other hand we are allowing oping countries combat female genital Mr. MORAN of Virginia. Mr. Chair- these weapons to be sold to terrorists? mutilation and obstetric fistula, to man, I reserve the balance of my time. No. It is okay to sell them to a govern- helping countries advance access to Mr. KING of Iowa. Mr. Chairman, I ment, but not to these private individ- family planning and quality reproduc- yield 11⁄2 minutes to the gentleman uals who are going to turn around and tive health care, to promoting HIV- from Tennessee (Mr. GORDON). sell them to the terrorists. AIDS prevention, improved education Mr. GORDON. Mr. Chairman, my There are certain things that we need and health care. These are the jobs of friend from Virginia and I, and I think to adjust to after 9/11. We are in a war UNFPA. They are the world’s leader in everyone here, share his objective, and against terrorism. Why would we go this task. that is to keep 50-caliber weapons, and along with arming the opposition? So I In this world in which we live, while for that matter any weapon, out of the think much of the argument that has I have been speaking, one woman has hands of terrorists. I am afraid, been made supports our contention died from pregnancy-related causes, though, that his amendment does not that we ought to ban the export of nine people have contracted HIV, and 6 accomplish that. these to nongovernmental entities. have died from AIDS. All of this trag- The fact of the matter is that the Mr. Chairman, I yield to the gentle- edy occurs in just one minute, and all State Department already has the abil- woman from New York (Mrs. MALONEY) of it can be prevented if UNFPA is ity, and uses it, to stop any type of for the purpose of making a unanimous funded and allowed to do its work. sales of 50-caliber rifles to terrorists or consent request. This is not the way it has to be. The any other type of undesirable groups. If (Mrs. MALONEY asked and was given U.S. annual $34 million contribution there are any of these anywhere around permission to revise and extend her re- could prevent 2 million unintended in the world, and again I am not aware marks.) pregnancies, 800,000 induced abortions, of any incidence where that has taken Mrs. MALONEY. Mr. Chairman, I rise 4,700 maternal deaths, and 77,000 infant place, they have been sold illegally. So in support of the Moran amendment. deaths around the world. This is why this amendment is not going to address The CHAIRMAN. All time has ex- we need UNFPA. We should not stand the illegal sales. It may keep all weap- pired. The question is on the amend- in their way, especially when women ons of 50 caliber here in this country, ment offered by the gentleman from and girls are dying. but they can be made elsewhere all Virginia (Mr. MORAN). We are a government that champions around the world. So it just simply The question was taken; and the tolerance, equal opportunity, life and does not accomplish the goal that I Chairman announced that the noes ap- hope. I urge my colleagues to allow the know he wants and that we all want. peared to have it. United States to join 169 countries that And since he did mention the Barrett Mr. MORAN of Virginia. Mr. Chair- are already funding and supporting M107, let me point out also that it was man, I demand a recorded vote. UNFPA. We are standing alone. We The CHAIRMAN. Pursuant to clause selected by the Chief of Staff Office of should join the world community and 6 of rule XVIII, further proceedings on the U.S. Army as one of the ‘‘top 10 in- support this important work. the amendment offered by the gen- ventions of 2004’’ for the fight against Mr. WOLF. Mr. Chairman, I rise in tleman from Virginia (Mr. MORAN) will the war on terror. Certainly it has been opposition to the amendment. be postponed. beneficial to our troops. It can be bene- The CHAIRMAN. The Chair recog- ficial to our allies around the world. AMENDMENT NO. 6 OFFERED BY MRS. MALONEY nizes the gentleman from Virginia (Mr. Again, we do not want to see these Mrs. MALONEY. Mr. Chairman, I WOLF) for 10 minutes. weapons or any weapons in the hands offer an amendment. Mr. WOLF. Mr. Chairman, I yield The CHAIRMAN. The Clerk will des- of terrorists. We already have a method myself such time as I may consume. ignate the amendment. to stop that in terms of legal sales. Mr. Chairman, this amendment does The text of the amendment is as fol- This amendment does not get to the il- not belong in the bill. It is really an lows: legal sales. So a good objective, but a amendment that relates to the Foreign flawed amendment. Amendment No. 6 offered by Mrs. Assistance Appropriation, under the MALONEY: bill of the gentleman from Arizona (Mr. Mr. MORAN of Virginia. Mr. Chair- At the end of the bill (before the short man, I yield myself such time as I may title), insert the following: KOLBE) where this comes. It is inappro- priate to use the funds for the Depart- consume. TITLE VIII—ADDITIONAL GENERAL Just to respond to the points that PROVISIONS ment of State’s operations, including salaries, to enforce the law, because it were made, first of all, I agree that our SEC. 801. None of the funds made available soldiers like the weapon. I want them in this Act may be used to enforce any provi- is the responsibility of the Secretary of to continue to be able to use it. And sion of law that prohibits or restricts fund- State to enforce the law and would in this, of course, does not restrict their ing for the United Nations Population Fund essence mean that there could be no usage. I just do not want it to get into (UNFPA). enforcement of Kemp-Kasten. It would the enemies’ hands. And I think that The CHAIRMAN. Pursuant to the make it null and void. the gentleman does not want terrorists order of the House of June 14, the gen- It was determined by the Secretary being able to buy these. Al Qaeda has tlewoman from New York (Mrs. of State in 2004 that because UNFPA purchased 25 of them. MALONEY) and a Member opposed will continues its involvement in China’s each control 10 minutes. coercive birth limitation program, cur- b 1330 The Chair recognizes the gentle- rent law precludes funding for UNFPA. To respond to the gentleman from woman from New York (Mrs. I visited China. The China policy Iowa when he said that any number of MALONEY). with regard to coerced and forced abor- guns could disable a commercial jet Mrs. MALONEY. Mr. Chairman, I tion, the one-child policy, is barbaric. I aircraft, to complete the quote, it can yield myself 2 minutes. could take a whole day to talk about disable a modern jet aircraft from over Mr. Chairman, this limiting amend- the government of China with regard a mile away. ment simply prevents the State De- to the persecution of the Catholic H4594 CONGRESSIONAL RECORD — HOUSE June 16, 2005 Church, the persecution of the Protes- Mr. PITTS. Mr. Chairman, I rise in the United Nations Population Fund tant Church, the persecution of Bud- strong opposition to this amendment. has been an aggressive and shameful dhists, the persecution of Muslims, the The Chinese Government has a policy accessory to gross crimes against sale of kidneys with regard to execu- of killing unborn children it deems a women and babies in the People’s Re- tion of prisoners, the slave labor waste of valuable space in one of the public of China. Despite being admon- camps, and now in essence the coercive world’s largest countries. UNFPA ac- ished to do otherwise on countless oc- policy that this government has. In tively and passively supports this pol- casions, the U.N. Population Fund con- order to do anything that would send a icy of thinning the population by kill- tinues to be the chief apologist and en- message to that government that it is ing unborn children. In fact, it has abler for both past and ongoing crimes okay to do what they are doing is abso- gone so far as to praise China’s popu- against humanity. lutely wrong. So you can argue this on lation control tactics. Until that Now the gentlewoman from New process, this is not the place, but I changes, UNFPA should not get a dime York (Mrs. MALONEY) is offering an think you can argue this on the merits. of taxpayer money. amendment that would suspend all China is doing fundamentally evil As we debate this bill, let us face the U.S. laws, including all of our human things, and the record should state the truth: Is that really what we want to rights laws, in order to compel U.S. evilness of their policies. For that, I support or encourage? I do not think taxpayer funding for the U.N. Popu- urge a strong ‘‘no’’ to send a message so. lation Fund. The Maloney amendment to that government that their actions Make no mistake about it, UNFPA is is written in such a way to immunize are totally inappropriate. in bed with Beijing on forced abortions; UNFPA from having to obey any U.S. Mrs. MALONEY. Mr. Chairman, I and if we fund UNFPA, Beijing gets law or funding restrictions, including yield myself such time as I may con- stronger. If we fund UNFPA, we only the Kemp-Kasten anti-coercion amend- sume. encourage the regime’s strategy of ex- ments. I strongly urge its defeat. Mr. Chairman, I would say to the terminating the babies they do not Mr. Chairman, let us not forget that gentleman from Virginia (Chairman want. If we truly care about human the UNFPA has whitewashed, sani- WOLF), who worked so hard on human rights, we should support programs tized, and facilitated—it has been an rights, to punish an organization work- that work, programs that uphold the accomplice—in China’s barbaric one- ing to promote human rights abso- dignity of human life, not programs child-per-couple coercive population lutely makes no sense. I have great re- that allow a repressive, Communist program that has victimized hundreds spect for the gentleman from Virginia government to enforce a systematic ef- of millions of women and murdered (Chairman WOLF), and I agree with the fort of abuse and repression and mur- hundreds of millions of children. gentleman that the stories about China der. As a direct result, there is this ex- Our country does not believe in are absolutely appalling. That is why ceedingly dangerous statistical demo- forced abortion. We do not believe in we need UNFPA. The only thing that graphic anomaly known as the ‘‘miss- harvesting the organs of prisoners who not releasing the money does is ensure ing girls.’’ There may be as many as 100 the Chinese women have absolutely no are being executed. Why would we want to support this? million missing girls in China today, a place to turn. UNFPA is rights-based. A Nation that believes in the rights to tragedy beyond words. As a result, It is fighting the Chinese Government’s life, liberty, and the pursuit of happi- there are also on any given day, ac- oppressive policies. ness should not give aid to any organi- cording to the Country Reports For Mr. Chairman, I yield 1 minute to the Human Rights Practices, the human gentlewoman from California (Mrs. zation that does not support these rights. rights report by the State Department, CAPPS). I urge opposition to and defeat of this 500 women in China who commit sui- Mrs. CAPPS. Mr. Chairman, I thank amendment. cide every day. Five hundred. This co- the gentlewoman for yielding me time. Mrs. MALONEY. Mr. Chairman, I ercion has a terrible, deleterious effect Mr. Chairman, I rise in strong sup- yield 1 minute to the gentlewoman on Chinese women. port of the Maloney-Shays amendment from Minnesota (Ms. MCCOLLUM). As violations of human rights go, co- regarding the United Nations Popu- Ms. McCOLLUM of Minnesota. Mr. ercive population control in China is lation Fund. UNFPA funding must be Chairman, it is a fact. It is a fact that among the worst and most degrading released to aid women, children, and international delegations have visited systematic abuse in human history. men in the world’s poorest countries. the UNFPA’s programs consistently in Let us not forget or be naive, I say to The UNFPA fund provides critical ma- China, and it is a fact that they have my colleagues, about the fact that in ternal health in these nations, emer- said that the UNFPA is part of the so- China today, brothers and sisters are gency assistance for refugees, repro- lution in China, helping to promote illegal and children can only be born if ductive education, prevention and voluntary family planning. permission is granted by the state. treatment for HIV and AIDS, and clin- It is a fact that, since 1999, 60 delega- We all know that in the United ical care for infants and children. tions, 145 diplomats from around the States, families get State and Federal Yet the President has withheld the world, have visited UNFPA’s China tax credits and deductions for their U.S. contribution to the UNFPA under program, and not one of them has children so they can better cope with false accusations that funds have been found any evidence to suggest that the economic pressures. used to support coercive population UNFPA is doing anything other than b 1345 practices in China. Every legitimate making the situation better. investigation of these accusations has Every year the world’s poorest na- In China, on the other hand, there is proven them false. tions have millions of mothers dying no welcome mat for children, and Chi- Furthermore, UNFPA work in China needlessly during childbirth. Millions nese parents have huge fines imposed actually contributes to putting an end of infants die every year in these same upon them if they try to bring their to coercive practices. It is surely time countries. These deaths, most of them, children into the world. Unwed moth- for the United States to stop with- can be prevented. ers are also severely punished in China, holding funds from the UNFPA. These It is the mission of UNFPA to save and are compelled to abort, even if it is funds can make all the difference in lives, to promote healthy women, their only one child, the one that they the world, improving lives and saving healthy babies, and healthy families by are supposedly permitted to have. Chi- lives around the world. I urge my col- allowing voluntary family planning. na’s eugenics policy, which compels the leagues to support this amendment and Mr. WOLF. Mr. Chairman, I yield 51⁄2 murder of disabled babies, is clearly allow the U.S. to support the world’s minutes to the gentleman from New reminiscent of the Nazis. largest international source of funding Jersey (Mr. SMITH). Those who violate these cruel, inhu- for population and reproductive health Mr. SMITH of New Jersey. Mr. Chair- mane, antichild policies are fined up to programs. man, I thank my friend for yielding me 10 times the annual salary of both hus- Mr. WOLF. Mr. Chairman, I yield 2 time. band and wife, a draconian penalty minutes to the gentleman from Lan- Mr. Chairman, I rise in strong opposi- that usually ensures that the child, at caster, Pennsylvania (Mr. PITTS). tion to this amendment. For 25 years, the end of the day, is aborted. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4595 This is China’s national policy, Mr. New York (Ms. MALONEY) for yielding tified that UNFPA had nothing to do Chairman. In all counties, including me this time and for her leadership with China’s coercive policies, and they UNFPA-supported counties, severe over the years on this issue that is very were not in violation of Kemp-Kasten, fines are imposed on women who have important for America, to speak out in and $21.5 million went forward. babies out of plan. Some women do re- terms of reducing the number of abor- Since 1999, there have been 60 delega- sist. Some women have their children tions that take place throughout the tions and 145 diplomats from around on the run, as they say. Some resist or world. the world who have visited UNFPA’s pay bribes or endure the harsh penalty, Mr. Chairman, I came to the floor be- China program. None of them have the so-called ‘‘social compensation cause I listened with interest to the found any evidence to suggest that fee.’’ Others are forcibly aborted, statements that were being made here, UNFPA is doing anything other than trussed, and brought into the so-called especially by a couple of speakers ago making the situation better. Family family planning clinics to have their about China, including my distin- planning reduces abortions. It is that babies aborted, and some are even tor- guished friend, the gentleman from simple. Even after President Bush’s tured, and some are jailed. New Jersey Mr. SMITH. The gentleman first certification, Secretary Powell Last December I chaired yet another from New Jersey (Mr. SMITH) and the was part of reviewing the activities hearing on forced abortion in China. I gentleman from Virginia (Mr. WOLF) there as well and came back with the have had about 18 or more hearings and I have worked together over the same result. over the last several years, and we years to speak out against China’s co- What we are talking about here heard from a woman by the name of ercive family planning, as they call it, today is, let us reduce abortions, let us Mrs. Mao Hen Feng, a Chinese woman policies. The gentleman from New Jer- denounce the Beijing regime for what who had been imprisoned and tortured sey (Mr. SMITH), the gentleman from they do not only in this area, but in because of her resistance to coercive Virginia (Mr. WOLF) and I have fought other areas, and not look the other way population control. together against the human rights from that, because that is in my view, I would point out to my colleagues, I abuses in China. We spoke against a crime against humanity, the way met with Peng Peiyun, the woman who them when there was a Democratic they treat women. runs this program, and, during the President. We spoke against them The gentleman from New Jersey (Mr. course of that several-hour conversa- when it was the policy of a Republican SMITH) knows chapter and verse. There tion, she kept coming back to the fact President. We never hesitated to criti- is probably nobody in the Congress who that, oh, the UNFPA is here. They do cize Presidents of our own party for knows better than the gentleman from not see any coercion. The UNFPA their coddling of the Beijing govern- New Jersey (Mr. SMITH) how coercive clearly enables the PRC to practice ment while they were repressing their their abortion policies are. He has tried this draconian program, and then they people. to move to give some opportunity to resort to the whitewash and say, but None of us takes second place to any- people who have been victims, and I sa- the UNFPA is here, and, again, they do one in our denunciation of the regime lute him for that. But I disagree with not find any of this. in Beijing for its inhumane treatment the gentleman when he says that Amazingly, Mr. Chairman, the of its own people. The list is a long one UNFPA is a part of any of that, and UNFPA calls China’s massive violence that we could go into, but we do not that they have done anything other against women like Mrs. Mao vol- have time for that now. than make the situation better in untary family planning, as if cheap Where the gentleman from Virginia China. sophistry makes it all okay. Just call (Mr. WOLF) and the gentleman from So I hope that our colleagues will un- it voluntary family planning, and it is New Jersey (Mr. SMITH) and I part com- derstand these distinctions and support all okay. It makes the definition of pany is on their characterization of the the very important Maloney amend- ‘‘voluntary’’ a joke. To make matters worse, Mr. Chair- role of UNFPA. Certainly, I think ment. Mrs. MALONEY. Mr. Chairman, the man, UNFPA spokesmen gleefully en- without any question, every person in United States is isolated; 169 countries courage other countries to follow Chi- this body would denounce the coercive support the important work of UNFPA. na’s disgraceful lead. abortion policy of the Beijing govern- I hope the majority of our colleagues ment. Certainly we want fewer abor- Mr. Chairman, I yield 2 minutes to will have no part in enabling either tions to take place. The best way to do the gentleman from Connecticut (Mr. China or its best friend, the UNFPA, in that is to have family planning. For SHAYS). these horrible abuses. Instead of fund- some reason, there has been a cam- Mr. SHAYS. Mr. Chairman, this is ing the UNFPA, both they and China paign against UNFPA, because they not a debate about Chinese policy on should be on trial at the International have been effective in promulgating population growth, but I want to just Criminal Court for crimes of genocide family planning information to women say, I cannot imagine what it would be and crimes against humanity. in need so that they will not find them- like to be in the United States and Talk to these women who have suf- selves in a situation where an abortion have four times as many people living fered. Look at the terrible loss of life, is an option. here, four times as many people in millions upon millions of babies killed, When I was ranking member on the Washington, D.C., four times as many often right at the ninth month as Committee on Foreign Operations Ap- people in New York City. So I do un- women try to conceal their pregnancy, propriations a number of years ago, we derstand that China needs to deal with and the UNFPA is there on the ground put forth a compromise where the this issue, but not the way they are enabling this terrible abuse. They pro- money would go forth for UNFPA, but dealing with it. This amendment does vide cover, respectability, tangible sup- none of the funds would be used in not in any way impact what China is port, and technical capabilities that China. It was a compromise. I was not doing. predictably results in massive acts of happy with that, because it made cer- Cutting funds to the UNFPA will pre- cruelty and murder in China. tain concessions, but it was a com- vent vital assistance for poor women Defeat the Maloney amendment. promise, and each side had to yield and children in developing countries. Mrs. MALONEY. Mr. Chairman, may something on it. The UNFPA’s program helps families I inquire on the time, please? I just want our colleagues to know prevent unwanted pregnancies, undergo The CHAIRMAN. The gentlewoman that a vote for the Maloney amend- childbirth safety, avoid STDs including from New York has 51⁄2 minutes re- ment is not a vote in support of any or- HIV/AIDS, and combat violence against maining, and the gentleman from Vir- ganization that would be sympathetic women. I think that is what we want to ginia has 30 seconds remaining. to the coercive abortion policies in do. Mrs. MALONEY. Mr. Chairman, I China. It simply is not so. I believe we must support the yield 10 seconds to the distinguished UNFPA has done very, very valuable UNFPA and its family planning initia- minority leader, the gentlewoman from work. We go through this year in and tives, because world population con- California (Ms. PELOSI). year out. I remind my colleagues that tinues to grow out of control. In 1960, Ms. PELOSI. Mr. Chairman, I thank in 2001, President Bush, our new Presi- we had 3 billion people on this Earth. the distinguished gentlewoman from dent, sent a team to China who cer- Today we have 6 billion people. In 40 H4596 CONGRESSIONAL RECORD — HOUSE June 16, 2005 years, without worldwide family plan- they need help. The UNFPA is one of passing the Maloney amendment, we ning services, it will rise to 9 billion the only agencies of its kind that can punish millions of women throughout people. provide that help. It does not make the Third World. Our annual $34 mil- The UNFPA responds to this growth sense for us to abandon the lives of lion contribution could prevent 2 mil- by assisting the world’s poorest coun- newborn babies and their mothers in lion unintended pregnancies; 800,000 in- tries in formulating population policies tsunami-affected areas because of what duced abortions; 4,700 maternal deaths, and strategies. Overpopulation threat- we do not like happening in China. The and most of them are young girls that ens not only the world’s political sta- two issues are not at all related. have no control over their lives; and bility, but our global environment as We have an opportunity. This is 77,000 infant deaths. That is what we well. something we can agree on, and that is should be doing. This should not be As a former Peace Corps volunteer, I maternal health care and reproductive about China. This should be about the can attest to the substantial contribu- health care, and saving lives in areas Third World. tions international family planning that desperately need it. Mr. WOLF. Mr. Chairman, I move to makes to economic development, high- Mr. Chairman, I urge support for this strike the last word. er living standards, and improved amendment. Mr. Chairman, I want my comments health and nutrition. Mrs. MALONEY. Mr. Chairman, I to be separated. One, I want to com- Mr. Chairman, I just hope that we do yield 1 minute to the distinguished mend and thank the minority leader, not get sidetracked on a debate about gentlewoman from New York (Mrs. the gentlewoman from California (Ms. what China is doing, when there are 150 LOWEY) who has been a great leader on PELOSI), for her strong support on poor countries around the world that this issue. human rights. Particularly, she has need our help, and millions and mil- Mrs. LOWEY. Mr. Chairman, I rise in been very good in China. She was there lions and millions of women who need strong support of this amendment, from the Tiananmen Square times and our help and assistance. which would correct an error in the in- all the time. So I just want the record, Mrs. MALONEY. Mr. Chairman, may terpretation of our law that has put we want to separate these out, but I I inquire about the time? want the record to show that I admire The CHAIRMAN. The gentlewoman the lives of the world’s most vulnerable women and children at risk. her and respect very much her support has 31⁄4 minutes remaining. for human rights in China. It has been Mrs. MALONEY. Mr. Chairman, I Since 2002, the United States has pro- vided no funds to the United Nations outstanding. yield 1 minute to the gentlewoman The second point I want to make is Population Fund. The facts are clear. from California (Ms. WOOLSEY). to separate back to the debate that my UNFPA has a worldwide policy of not Ms. WOOLSEY. Mr. Chairman, we re- good friend, the gentleman from Vir- providing abortions, even when they cently experienced the Southeast Asia ginia (Mr. MORAN), was just talking are legal in the country in which tsunami that destroyed valuable med- about. I favor family planning. I am UNFPA is operating. UNFPA does not ical services for women across the af- speaking for myself. I favor family coerce women into abortion and steri- fected area. But, with the help of the planning. But this is a government lization. It works to secure voluntary UNFPA, we were able to calculate that that still has Tiananmen Square dem- reproductive health options around the 150,000 women were pregnant in the re- onstrators in prison. In 1991 the gen- gion at the time of the trauma, putting world. tleman from New Jersey (Mr. SMITH) U.S. law prohibits funding for organi- them at greater risk than normal be- and I were in Beijing Prison Number 1, zations that support coercive practices. cause of sudden loss of medical sup- and we are the only two Members of port. Without UNFPA, these women b 1400 the Congress that have been in a Chi- would not have had the guarantee of nese gulag, and we saw Tiananmen safe, clean environments to deliver But UNFPA is being penalized be- Square demonstrators making socks. their babies. They would not have had cause it is trying to overturn, end coer- Some of you may be wearing the socks, the access to the medical support and cive practices in China. socks for export to the United States. medicines they need to ensure a In meeting after meeting over the God bless him, Senator Moynihan got healthy birth. past 3 years, the State Department has the socks, when I came back, held the Safe and healthy childbirth should repeatedly said that nothing UNFPA socks up on the Senate floor with re- not be a political issue. While disagree- does will lead to a restoration of its gard to how bad China was. And I will ments about UNFPA will certainly re- funding as long as it continues to oper- get that, what Senator Moynihan said, main, continuing to ensure this pro- ate in China, unless China changed its and put it in the RECORD gram has never been more important laws. . Mr. MOYNIHAN. Mr. President, here are than it is now. I urge my colleagues to Let us make it very clear. UNFPA is the premier multilateral organization products of prison labor, sold in inter- join me in supporting the Maloney- national trade by the Chinese. You can buy Shays amendment. helping to provide safe motherhood, re- these: socks with a panda with the word Mrs. MALONEY. Mr. Chairman, I productive health assistance to the ‘‘boxing’’ and a little boxer; this fellow is yield 1 minute to the gentleman from world’s poorest children. playing golf, whatever. New York (Mr. ISRAEL). (Mrs. LOWEY asked and was given Representative Wolf was in Beijing Prison Mr. ISRAEL. Mr. Chairman, I thank permission to revise and extend her re- No. 1, and not recognizing him as a Member the gentlewoman for yielding me this marks.) of the House of Representatives, they Mrs. MALONEY. Mr. Chairman, may thought he was a buyer. They started show- time. I am proud to be a cosponsor of ing him the goods for sale. this amendment. I respect the passion I inquire on the time. They have stopped that. We have ratified and force the gentleman from New Jer- The CHAIRMAN. Fifteen seconds. that treaty at long last. Surely we ought to sey brings to the fight against coercive Mrs. MALONEY. Mr. Chairman, is indicate that we mean it, that we intend to abortions in China, but this is not that on both sides? help enforce this international labor stand- about coercive abortions in China. This The CHAIRMAN. The gentleman ard. is about saving lives in Sri Lanka and from Virginia has 30 seconds. This is a fundamentally evil govern- Indonesia and areas that have been Mrs. MALONEY. Mr. Chairman, I ment that you cannot trust. Many devastated by the tsunami. would just like to say that we may Tiananmen Square demonstrators that I was in Sri Lanka only a few months have a disagreement in some ways, but we lament about and talk about are after the tsunami. I was in a maternity UNFPA is a world leader. still in prison. Now, they moved them hospital that was ravaged by the first Mr. Chairman, I yield the remaining out of Beijing Prison Number 1, but wave. That region has lost its capacity time to the gentleman from Virginia they are still in prison. And if you do for maternal health care. It has lost its (Mr. MORAN). not think there is coercion, call Harry nurses, its doctors, its midwives, its The CHAIRMAN. The gentleman Wu. Harry Wu lives out in Fairfax entire maternity health care infra- from Virginia (Mr. MORAN) is recog- County, in the district of the gen- structure. nized for 15 seconds. tleman from Virginia (Mr. MORAN). Mr. Chairman, 150,000 women sched- Mr. MORAN of Virginia. Mr. Chair- And Harry will tell the gentleman uled to give birth after the tsunami, man, I cannot understand why, without about the forced abortions and the June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4597 policies and the abuse of this govern- that ‘‘none of the funds made available in Population and Development (ICPD) that all ment. If you need a new kidney, they this Act . . . may be made available to any couples should have the right ‘‘to decide will go in the prisons, they will find organization or program which, as deter- freely and responsibly the number, spacing and timing of their children and to have the somebody with your blood type, they mined by the President of the United States, supports or participates in the management information and means to do so, and . . . to will shoot them, maybe a Catholic of a program of coercive abortion or involun- make decisions concerning reproduction free priest, maybe Buddhist monk, maybe a tary sterilization.’’ Separately in Section of discrimination, coercion and violence. Protestant pastor, or maybe a pick- 567, the Act earmarks $34 million for the . . .’’ In order to implement this principle pocket. But you can get a new kidney United Nations Population Fund the Chinese family planning program should for $50,000. This is the government that (‘‘UNFPA’’). be fully voluntary and free of all forms of co- In July 2002, I determined that UNFPA’s ercion. you basically want to give money to. Immediately following the Secretary’s de- Now, many of you saw it. I think I support of, and involvement in, China’s pop- ulation-planning activities allowed the Chi- termination, the Department commenced a did a Dear Colleague letter. Soon after nese Government to implement more effec- round of five negotiating sessions with China the death of Pope John Paul, they ar- tively its program of coercive abortion, and with the objective of eliminating coercive rested two elderly Catholic priests. that, therefore, the Kemp-Kasten Amend- provisions in law and ending coercive prac- And I say to my friend, the gentleman ment precluded funding of UNFPA at that tices in the counties in which UNFPA is in- volved. We also encouraged China and from Connecticut (Mr. SHAYS), talk to time. UNFPA to restructure their proposal for the the Cardinal Kung Foundation and let Since that time, we have had numerous discussions with the Government of China to new fifth country program (CP5) agreement them tell you of all the persecution. I in a way that would allow the United States believe they are now 11 Catholic urge an end to China’s program of coercive abortion. We have also urged UNFPA and to fund UNFPA. Discussions were held with bishops. The gentleman from New Jer- China to restructure the UNFPA program so senior UNFPA and Chinese officials in New sey (Mr. SMITH) took holy communion that UNFPA does not support or participate York, Washington, Beijing, and during inter- from Bishop Su. in the management of China’s coercive pro- national meetings on population matters. Mr. Chairman, I would ask if I could gram. Despite these efforts, China continues Department personnel visited UNFPA yield to the gentleman just for two to employ coercion in its birth planning pro- project counties in China on two occasions, gram, including through severe penalties for in November 2002 and August 2003. Embassy words. Where is Bishop Su now? and Consulate personnel based in China Mr. SMITH of New Jersey. He is in ‘‘out of plan births’’ and UNFPA’s program has not been restructured to solve the prob- made numerous field visits, both to counties prison. in which UNFPA operates and counties in Mr. WOLF. He is in prison. One other lems identified in 2002. However, as in 2002, UNFPA continues its support and involve- which there is no UNFPA assistance. These question. How old is he? ment in China’s coercive birth limitation field visits were designed to learn about the Mr. SMITH of New Jersey. He is in program in counties where China’s restric- implementation of China’s birth limitation his mid-70s. Twenty-seven years in tive law and penalties are enforced by gov- laws and policies/practices, and about prison. ernment officials. More information on the UNFPA’s activities in China. Despite several Mr. WOLF. Mid-70s in prison for giv- nature of China’s birth-limitation regime rounds of discussions with U.S. representa- tives, UNFPA and China decided not to make ing holy communion. and UNFPA’s involvement therein is con- tained in the enclosed report on China’s substantive changes to the proposed UNFPA Now, the government put him in jail. fifth country program. For example, UNFPA Nobody else. You have a government Birth-Limitation Policy. The Administration is preparing to take did not condition the start of the program on that you fundamentally cannot trust. the steps, including consulting with Con- the elimination of social compensation fees Lastly, Secretary Powell, a con- gress, that would be necessary to apply the (SCF). When CP5 was adopted at the first stituent of mine, somebody that we all amount that had been reserved for UNFPA in regular session of the UNFPA Executive admire. He lives out in my congres- the ‘‘International Organizations and Pro- Board in January 2003, the United States sional district. Here is what he said on grams’’ account to the ESF account, for use could not support the program because of co- July 15, 2004: ‘‘Despite these efforts, in support of the President’s initiative to aid ercive measures in the enforcement of Chi- na’s birth limitation laws. The U.S. delegate China continues to employ coercion in victims of trafficking. We will continue to remain engaged with stated that the United States believes that its birth planning program including China and UNFPA on this issue. As I stated UNFPA should not be associated in any way through severe penalties for out-of- in 2002, if Chinese laws and practices were with coercion. plan births. And UNFPA’s program has changed so that UNFPA’s activities did not In the summer of 2003, the Administration not been restructured to solve the support a program of coercive abortion, or if considered that circumstances surrounding problems identified in 2002.’’ UNFPA were to change the program imple- UNFPA’s continued involvement in China’s So Secretary Powell, who we all mentation for its funding so that it did not birth limitation program had not changed support a program of coercive abortions, I sufficiently to warrant U.S. funding. trust, said they are still doing it. And As described below, many of those cir- would be prepared to consider funding then he ends, ‘‘however, as in 2002, cumstances continue to persist, despite UNFPA in the future. UNFPA continues its support and in- claims by Chinese officials that they are Sincerely, working to eliminate coercive measures. volvement in China’s coercive birth COLIN L. POWELL. limitation program in counties where Enclosures: As stated. These, along with others described in State’s China’s restrictive law and penalties annual human rights reports, information REPORT TO CONGRESS ON CHINA’S BIRTH supplied by UNFPA, the results of U.S. ef- are enforced by government officials.’’ LIMITATION POLICY forts to engage both UNFPA and China on I urge you to defeat this amendment The Conference Report accompanying H.R. numerous occasions from 2002 through 2004, and send a message to this fundamen- 2673, H. Report 108–401, in the Statement of and the fact that China’s coercive policies tally bad government that is doing all Managers, requests the Department of State have, since the Secretary’s July 2002 deter- these horrible things to women, doing [hereinafter ‘‘the Department’’] to report mination, now been codified and enforced as all these things to Catholic priests, ‘‘not later than July 15, 2004, on the steps it a matter of national law, all contribute to Catholic bishops, to evangelical pas- and UNFPA have taken to urge the Govern- the finding that the Kemp-Kasten amend- ment of China to end its birth limitation pol- tors, to Buddhist monks. ment continues to preclude funding for FY icy, including the social compensation fee, 2004. I was in Tibet, went in every mon- and the results of those efforts, nationally, CHINA’S BIRTH-LIMITATION REGIME—NOW LAW astery we could. They told us what and particularly in the counties in which A new national Law on Population and they are doing to the Buddhist Church. UNFPA operates.’’ This report responds to Birth-Planning went into effect on Sep- It is against the law to have a picture that request. tember 1, 2002. This law codifies on a na- of the Dalai Lama. Vote ‘‘no’’ on this U.S. ENGAGEMENT tional basis, for the first time, China’s long- amendment. Since the Secretary’s determination of standing ‘‘one child policy’’ and specifies a THE SECRETARY OF STATE, July 21, 2002, that funding for UNFPA was number of government birth-limitation Washington, DC, July 15, 2004. precluded by the Kemp-Kasten Amendment measures that amount to coercion. (As men- Hon. HENRY J. HYDE, of the FY 2002 Foreign Operations Appropria- tioned in the 2002 determination, county Chairman, Committee on International Rela- tions Act, the United States has actively en- laws had previously been in place and were tions, House of Representatives. gaged with China to end coercive practices in used to enforce the birth limitation policy.) DEAR MR. CHAIRMAN: The Foreign Oper- its birth-limitation program and with The national law provides, inter alia, ‘‘. . . ations, Export Financing and Related Pro- UNFPA to end its support for that program. practicing birth planning is a basic national grams Appropriations Act, 2004 (Pub. L. 108– We have urged China to implement fully the policy of the State. The State (shall) employ 199, Div. D) (‘‘Act’’), like every foreign oper- principle recognized in the Programme of comprehensive measures to control popu- ations appropriations act since 1985, provides Action of the International Conference on lation quantity and improve population H4598 CONGRESSIONAL RECORD — HOUSE June 16, 2005 quality.’’ (Article 2.) ‘‘Citizens have a right UNFPA Country Programmes focus on vol- mission in counties where it enforces the to have a child and also have a duty to prac- untary, client-oriented family planning serv- fines and administrative penalties such as tice birth planning according to the law. . . . ices with a range of choices and options.’’ job loss, demotion, and expulsion from the (Article 17.) ‘‘The State shall stabilize cur- ‘‘UNFPA has made a significant contribu- Communist Party. The UNFPA activities in- rently implemented birth policies. . . . tion in improving reproductive health clude training of reproductive health service Those who meet the conditions in laws and knowledge, reducing (the) proportion of ster- providers in, among other things, awareness regulations can request the arrangement of ilization and abortions, reducing maternal of the law in order that they may provide re- the birth of a second child. Specific methods mortality and increasing the proportion of productive health counseling. This, as well (shall be) stipulated by the people’s con- births with skilled attendants.’’ as UNFPA’s supplying equipment and sup- gresses of provinces. . . .’’ (Article 18.) ‘‘Citi- ‘‘UNFPA does not support China’s one- plies to the very agencies that employ coer- zens who give birth to a child in violation of child policy, and has proactively engaged in cive practices, amounts to support for not Article 18 of this law should pay a social serious dialogue with the Chinese govern- only in China’s broader population-planning compensation fee. . . .’’ (Article 41.) ‘‘Among ment on this issue. There is growing realiza- activities, but also specifically for the Chi- (government) personnel who pay a social tion in the government, if not directly stat- nese government’s more effective implemen- compensation fee in accordance with Article ed, about the problems arising from the one- tation of its program of coercive abortion. child policy—sex ratio imbalances, ageing 41 of this law, those who are State staff CONCLUSION should also be given administrative punish- and population structure.’’ ment according to law.’’ ‘‘Other personnel ‘‘China is committed to the ICPD and its Both China and UNFPA have been willing (who are not state staff) should also (in addi- steadily, incrementally and firmly moving to engage with the United States on ap- tion to the social compensation fee) be given beyond demographic targets towards a vol- proaches to eliminating coercion in China’s disciplinary punishment by their own unit or untary and client-oriented FP [family plan- birth planning law and policy. We welcome organization.’’ (Article 42.) ning] approach. UNFPA, has been catalytic this dialogue and efforts by China to move Since the promulgation of the national in fostering, supporting and guiding the forward in this important area and we will law, all provinces and equivalent govern- transition.’’ continue our engagement. We congratulate China and UNFPA on the elimination of tar- mental units except the Tibetan Autono- UNFPA’S FIFTH COUNTRY PROGRAMME FOR gets and quotas in UNFPA counties and re- mous Region have issued implementing regu- CHINA lations that set out birth planning require- duction of the incidence of maternal mor- Much of UNFPA ‘‘input,’’ i.e., its pro- tality. Unfortunately, coercive birth limita- ments. These regulations generally allow grams, goals, and activities, in China is de- only one child, with specific exceptions that tion measures in law and policy continue in signed to assist China in ‘‘forming new man- counties in which UNFPA assists China. allow qualified couples to have a second, or agement and service approaches of its popu- EXCERPTS FROM COUNTRY REPORTS ON HUMAN in rare cases, a third child. They also set lation and family planning program.’’ The RIGHTS PRACTICES CHINA, 2003 ranges for assessment of the social com- goals of its current program (CP5), building pensation fees (SCF) by local authorities. on those of its previous program (CP4), con- Authorities continued to reduce the use of Fees range from the equivalent of one half tinue to strive toward moving the Chinese targets and quotas, although over 1,900 of the the local average annual household income government from an ‘‘administrative’’ ap- country’s 2,800 counties continued to use to as much as 10 times that level. One coun- proach to a ‘‘client-centered, quality of such measures. Authorities using the target ty where UNFPA has activities, Liuyang in care’’ approach, closer to the standards of and quota system require each eligible mar- Hunan Province, assesses a fee of two times the Programme of Action—and thus toward ried couple to obtain government permission the average annual household income. achieving through individual counseling de- before the woman becomes pregnant. In Liuyang County has waived the fee for pre- sirable population goals without coercion. many counties, only a limited number of marriage births, but not for inadequate birth But these efforts miss the mark; they are such permits were made available each year, spacing (when an additional child is al- narrowly tailored to expand access to repro- so couples who did not receive a permit were lowed), or for ‘‘out-of-plan’’ births. (An ex- ductive health information and to allow cou- required to wait at least a year before ob- ample of province implementing regulations ples and individuals to select their contra- taining permission. Counties that did not is provided as annex two.) ceptive methods in compliance with the na- employ targets and quotas allowed married The Department has urged Chinese govern- tional and provincial regulations. Their end women of legal child-bearing age to have a ment officials to eliminate the SCF, as well result is not that couples and individuals first child without prior permission. as other coercive birth limitation measures. may freely make decisions as to the number The country’s population control policy re- UNFPA has urged experimentation with the and spacing of their children. Rather, in lied on education, propaganda, and economic fee in UNFPA program counties with a view counties where the UNFPA operates, China incentives, as well as on more coercive meas- towards elimination by the end of the cur- continues to implement its coercive laws and ures such as the threat of job loss or demo- rent program. The Chinese government has practices. tion and social compensation fees. Psycho- suggested that because the SCF is specifi- The UNFPA-China agreement sets as a logical and economic pressure were very cally prescribed in national law, local gov- hortatory objective the elimination of the common; during unauthorized pregnancies, ernments do not have authority to com- SCF by 2010, but it provides for no specific women sometimes were visited by birth plan- pletely waive collection of the fee. Other co- actions to further that end. UNFPA noted ning workers who used the threat of social ercive measures in place in China include that it required CP5 participating counties compensation fees to pressure women to ter- cutting off state-funded education or health to lower fees and encouraged further experi- minate their pregnancies. The fees were as- care benefits for ‘‘out of plan’’ children, loss mentation, but the agreement does not pro- sessed at widely varying levels and were gen- of employment, and imposition of a system vide for elimination. Further, the agreement erally extremely high. Reliable sources re- of severe fines and penalties. National and requires that counties participating in CP5 ported that the fees ranged from one-half to Provincial Chinese government officials have eliminate targets and quotas, but does not eight times the average worker’s annual dis- declined or been unable to assure us that require them to eliminate coercive ‘‘admin- posable income. Local officials have author- penalties such as demotion or loss of job are istrative’’ or ‘‘disciplinary’’ punishments— ity to adjust the fees downward and did so in not also imposed in countries where UNFPA thus continuing to reflect UNFPA’s support many cases. Additional disciplinary meas- operates. for China’s coercive program. ures against those who violated the limited The 2004 State Department Country Report The UNFPA budget for CP5 amounts to al- child policy by having an unapproved child on Human Rights Practices confirms China most $8 million over 3 years. The funding al- or helping another to do so included the continues enforcement of its birth limitation location for CP5 is similar to that in CP4 withholding of social services, higher tuition policies and law. (Annex One.) funding. It includes cost for personnel (in- costs when the child goes to school, job loss UNFPA’S ENGAGEMENT WITH CHINA cluding consultants), monitoring and evalua- or demotion, loss of promotion opportunity, Last month, at the Department’s request, tion, research, publications, international expulsion from the Party (membership in UNFPA furnished in a very timely fashion meetings and exchange visits, and vehicles. which was an unofficial requirement for cer- information regarding its China program. UNFPA also continues to fund equipment for tain jobs), and other administrative punish- The Director of UNFPA’s Asia and Pacific China, including for management informa- ments, including in some cases the destruc- Division, Sultan Aziz, wrote to the Depart- tion systems and data management software tion of property. These penalties sometimes ment on June 14, 2004, highlighting the con- which are capable of tracking births, al- left women little practical choice but to un- cerns UNFPA shares with the United States though UNFPA claims in its June 14, 2004 dergo abortion or sterilization. Rewards for ‘‘over aspects of China’s family planning letter that the Management Information couples who adhered to birth limitation laws strategy that could lead to coercion.’’ In par- System [MIS] is ‘‘categorically not intended and policies included monthly stipends and ticular, he made the following points about for tracking out of plan pregnancies, or to preferential medical and educational bene- UNFPA’s view of it approach and progress in help enforce the social compensation fees.’’ fits. In the cases of families that already had China: UNFPA is also financing improvements in two children, one of the parents was usually ‘‘UNFPA, like all UN organizations, is the administration of the local family plan- pressured to undergo sterilization. guided by international human rights stand- ning offices. In March, the U.N. Population Fund ards and principles in all our programs. These resources are provided directly or in- (UNFPA) concluded a 4-year pilot project in Using the ICPD principles as our platform, directly to the State Family Planning Com- 32 counties. Under this program, local birth June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4599 planning officials emphasized education, im- Only one child has been had, and the broth- gress has put into law that, if the U.S. contrib- proved reproductive health services, and eco- er(s) of the husband is/are unable to have a utes to UNFPA, it will deduct $1 for every $1 nomic development, and they eliminated the child. spent in China. Clearly, the China issue is target and quota systems for limiting births. The husband has moved his residence to However, these counties retained the birth the place of residence of the wife and is sup- simply meant to muddy the waters of this de- limitation policy, including the requirement porting the parents of the wife, who has no bate. that couples employ effective birth control brothers, and [the couple] has only one child But one thing that remained abundantly methods, and enforced it through other which is a daughter. This rule shall apply to clear to me during my trip to see the impact means, such as social compensation fees. only one sister on the wife’s side. of the recent tsunami—UNFPA funding is Subsequently, 800 other counties also re- The man has no brothers and only one sis- nothing short of critical. moved the target and quota system and tried ter, and [the couple] has only one child I recently visited tsunami-affected sites that, to replicate the UNFPA project by empha- which is a daughter. with UNFPA funding, often serve as the first sizing quality of care and informed choice of The couple permanently resides in a coast- line of support for women and families in al reclamation area with population density birth control methods. In April, a new need. But it is not only the important work they UNFPA program began in 30 counties. Under not greater than one person per five mu of this program, officials defined a list of ‘‘le- land (calculated on a per village basis), and do in disaster zones, it is the work they do day gitimate rights of reproduction according to has only one child which is a daughter. in and day out to help women in the devel- law,’’ including the rights to choose contra- One spouse has been continuously occupied oping world. ception and right to legal remedies, among in ocean fishing for five years or more, is And while USAID is involved in related ini- others. currently employed in ocean fishing, and the tiatives, the fact remains that the USAID is JIANGSU PROVINCE BIRTH LIMITATION couple has only one child which is a daugh- only in approximately 50 countries while REGULATIONS EXCERPTS ter. UNFPA is in approximately 150. CHAPTER 1 GENERAL PRINCIPLES CHAPTER VI LEGAL LIABILITY Let’s focus on the facts. UNFPA saves lives, Article 5 Article 44 UNFPA brings dignity to those in need, and Local people’s governments at all levels A couple that gives birth to a child not in UNFPA helps women. UNFPA does not co- within the province shall take integrated accordance with these regulations shall pay erce. UNFPA does not provide abortion, and measures to control the size of the popu- the social compensation fee. . . . no U.S. money will go to China. lation and to improve its quality, and shall For urban residents, social compensation fees shall be calculated by taking as the Mr. WOLF. Mr. Chairman, I yield implement population and family planning back all of my time. programs. . . . basic standard the per capita annual dispos- able income of urban residents in the mu- The CHAIRMAN. The question is on Article 7 nicipality with districts or in the country the amendment offered by the gentle- Citizens have the right to reproduce and (city) in the year prior to the child’s birth. woman from New York (Mrs. the obligation to practice family planning in For rural residents, social compensation fees MALONEY). accordance with the law. . . . shall be calculated by taking as the basic The question was taken; and the CHAPTER 3 FERTILITY REGULATION standard the per capita annual net income of Chairman announced that the noes ap- Article 21 rural residents in the township (town in the peared to have it. A man and a woman who have been legally year prior to the child’s birth.... Mrs. MALONEY. Mr. Chairman, I de- registered as married may have one child, The specific standards for the social com- pensation fees to be paid in accordance with mand a recorded vote. provided that neither has had a child pre- The CHAIRMAN. Pursuant to clause viously. paragraph one of this article are: Those who have had one additional child 6 of rule XVIII, further proceedings on Article 22 not in accordance with the provisions of the amendment offered by the gentle- Married couples meeting any of the fol- these regulations shall pay social compensa- woman from New York (Mrs. MALONEY) lowing conditions may apply to give birth to tion fees in the amount of four multiples of will be postponed. one additional child: the basic standard. SEQUENTIAL VOTES POSTPONED IN COMMITTEE The couple has only one child, and that Those who have had two or more addi- OF THE WHOLE child is certified by a pediatric illness and tional children not in accordance with the disability authentication institution to have provisions of these regulations shall pay so- The CHAIRMAN. Pursuant to clause a disability, other than a serious genetic dis- cial compensation fees in the amount of five 6, rule XVIII, proceedings will now re- ability, that cannot at present be treated, or to eight multiples of the basic standard. sume on those amendments on which that despite systematic treatment will pre- Those who have had one child outside of further proceeding were postponed in vent that child from developing into a nor- marriage shall pay social compensation fees the following order: amendment No. 11 mal worker or seriously affect that child’s in the amount of 0.5 to 2 multiples of the offered by the gentleman from Texas future marriageability. basic standard. Either spouse is a member of the armed (Mr. PAUL), amendment No. 4 by the Those who have had two or more children gentleman from Colorado (Mr. forces, armed police, or public security po- outside of marriage shall pay social com- lice or is a ‘Good Samaritan’ and that spouse pensation fees in the amount of five to eight HEFLEY), an amendment by the gen- has sustained a Class 2, Grade 2 or higher dis- multiples of the basic standard. tleman from Massachusetts (Mr. MAR- ability in the exercise of duty; or either Those who have had a child in a bigamous KEY), amendment No. 19 by the gen- spouse is the only child of a [revolutionary] marriage shall pay social compensation fees tleman from Colorado (Mr. TANCREDO), martyr and [the couple] has only one child. in the amount of 6 to 9 multiples of the basic amendment No. 18 by the gentleman One spouse has been widowed and the other standard. spouse has never had a child. from Colorado (Mr. TANCREDO), an One spouse is divorced and has either had Mr. CROWLEY. Mr. Chairman, I rise in sup- amendment by the gentlewoman from only one child or has legally had two chil- port of this amendment, and I thank Congress- Texas (Ms. JACKSON-LEE), an amend- dren and the other spouse has never had a woman MALONEY, along with Congressman ment by the gentleman from Virginia child. SHAYS and Congressman ISRAEL, for joining (Mr. MORAN), amendment No. 6 by the Neither spouse has had a child and, after me in support of this important issue. gentlewoman from New York (Mrs. having legally adopted a child, the wife be- This amendment is simple. If you support MALONEY). comes pregnant. One spouse is a second-generation only the good work UNFPA does around the world, The Chair will reduce to 5 minutes child, or both spouses are only children, and in approximately 150 countries, supporting the time for any electronic vote after [the couple] has only one child. women’s health programs, fighting HIV/AIDS, the first vote in this series. One spouse has been occupied in downhole and improving child health—then you will vote AMENDMENT NO. 11 OFFERED BY MR. PAUL operations for a continuous period of five for the Maloney/Crowley amendment. The CHAIRMAN. The pending busi- years or longer, is currently occupied in This Congress has consistently voted to ness is the demand for a recorded vote downhole operations, and [the couple] has fund UNFPA. But the Administration refuses to on the amendment offered by the gen- only one child which is a daughter. release that money. They hide behind the fact tleman from Texas (Mr. PAUL) on Article 23 that UNFPA works in China, helping move that which further proceedings were post- Apart from the provisions of Article 22 of country away from its abhorrent one-child pol- poned and on which the noes prevailed these regulations, married couples may icy. apply to give birth to one additional child if by voice vote. the wife is a rural resident and any of the Of course, when the President sent over an The Clerk will redesignate the following conditions is met: investigative team, it reported that there was amendment. One spouse is an only child, and [the cou- no coercion in the Chinese program and that The Clerk redesignated the amend- ple] has only one child. UNFPA should be funded. Moreover, Con- ment. H4600 CONGRESSIONAL RECORD — HOUSE June 16, 2005

RECORDED VOTE Lewis (CA) Osborne Sherman RECORDED VOTE Lewis (GA) Owens Sherwood The CHAIRMAN. A recorded vote has Linder Oxley Shimkus The CHAIRMAN. A recorded vote has been demanded. Lipinski Pallone Simmons been demanded. A recorded vote was ordered. LoBiondo Pascrell Skelton A recorded vote was ordered. Lofgren, Zoe Pastor Slaughter The CHAIRMAN. This will be a 5- The vote was taken by electronic de- Lowey Payne Smith (NJ) vice, and there were—ayes 65, noes 357, Lucas Pearce Smith (TX) minute vote. not voting 11, as follows: Lungren, Daniel Pelosi Smith (WA) The vote was taken by electronic de- E. Pence Snyder [Roll No. 259] vice, and there were—ayes 91, noes 336, Lynch Peterson (MN) Sodrel not voting 6, as follows: AYES—65 Mack Petri Solis Maloney Pickering Souder [Roll No. 260] Akin Franks (AZ) Neugebauer Marchant Pitts Spratt Bachus Garrett (NJ) AYES—91 Ney Markey Poe Stark Barrett (SC) Gibbons Norwood Marshall Pomeroy Strickland Akin Garrett (NJ) Miller, Gary Bartlett (MD) Goode Otter Matheson Porter Stupak Bachus Gibbons Moran (KS) Bilirakis Hayworth Paul Matsui Price (NC) Sullivan Baker Gohmert Musgrave Bishop (UT) Hefley Peterson (PA) McCarthy Putnam Sweeney Barrett (SC) Graves Myrick Bonner Herger Platts McCaul (TX) Radanovich Tanner Bartlett (MD) Gutknecht Neugebauer Burgess Hostettler Pombo McCollum (MN) Rahall Tauscher Barton (TX) Hall Norwood Burton (IN) Hulshof Price (GA) McCotter Ramstad Taylor (NC) Bass Harris Cannon Hunter Otter Rogers (AL) McDermott Rangel Terry Bean Hart Coble Jindal Paul Rohrabacher McGovern Regula Thomas Beauprez Hefley Cubin Johnson, Sam Pence McHugh Rehberg Thompson (CA) Bilirakis Hensarling Davis (KY) Jones (NC) Ryun (KS) Petri McIntyre Reichert Thompson (MS) Bishop (UT) Herger Davis, Jo Ann Keller Shuster Poe McKeon Renzi Thornberry Blackburn Hostettler Deal (GA) King (IA) Simpson Price (GA) McMorris Reyes Tiahrt Brady (TX) Inglis (SC) Doolittle Kingston Stearns Radanovich McNulty Reynolds Tierney Burton (IN) Issa Duncan Lewis (KY) Tancredo Ramstad Meehan Rogers (KY) Towns Buyer Jenkins Everett Manzullo Taylor (MS) Rogers (MI) Meek (FL) Rogers (MI) Turner Cannon Jindal Feeney McHenry Tiberi Rohrabacher Meeks (NY) Ros-Lehtinen Udall (CO) Chabot Johnson, Sam Foley Miller (FL) Wamp Royce Melancon Ross Udall (NM) Chocola Jones (NC) Forbes Moran (KS) Westmoreland Ryan (WI) Menendez Rothman Upton Coble Keller Foxx Musgrave Wilson (SC) Ryun (KS) Mica Roybal-Allard Van Hollen Costello King (IA) Sensenbrenner NOES—357 Michaud Royce Vela´ zquez Cox Lewis (KY) Millender- Ruppersberger Visclosky Cubin Linder Shadegg Abercrombie Conaway Green, Gene McDonald Rush Walden (OR) Deal (GA) Lungren, Daniel Shimkus Ackerman Conyers Grijalva Miller (MI) Ryan (OH) Walsh Diaz-Balart, M. E. Shuster Aderholt Cooper Gutierrez Miller (NC) Ryan (WI) Wasserman Duncan Mack Sodrel Alexander Costa Gutknecht Miller, Gary Sabo Schultz Everett Manzullo Stearns Allen Costello Hall Miller, George Salazar Waters Feeney McCotter Tancredo Andrews Cramer Harman Mollohan Sa´ nchez, Linda Watson Flake McHenry Tanner Baca Crenshaw Harris Moore (KS) T. Watt Fossella McMorris Taylor (MS) Baird Crowley Hart Moore (WI) Sanchez, Loretta Waxman Foxx Mica Westmoreland Baker Culberson Hastings (FL) Moran (VA) Sanders Weiner Franks (AZ) Miller (FL) Wilson (SC) Baldwin Cummings Hastings (WA) Murphy Saxton Weldon (FL) Barrow Cunningham Hayes Murtha Schakowsky Weldon (PA) NOES—336 Barton (TX) Davis (AL) Hensarling Myrick Schiff Weller Abercrombie Chandler Forbes Bass Davis (CA) Herseth Nadler Schwartz (PA) Wexler Ackerman Clay Ford Bean Davis (FL) Higgins Napolitano Schwarz (MI) Whitfield Aderholt Cleaver Fortenberry Beauprez Davis (IL) Hinchey Neal (MA) Scott (GA) Wicker Alexander Clyburn Frank (MA) Becerra Davis (TN) Hinojosa Northup Scott (VA) Wilson (NM) Allen Cole (OK) Frelinghuysen Berkley DeFazio Hobson Nunes Sensenbrenner Wolf Andrews Conaway Gallegly Berman DeGette Hoekstra Nussle Serrano Wu Baca Cooper Gerlach Berry Delahunt Holden Obey Shadegg Wynn Baird Costa Gilchrest Biggert DeLauro Holt Olver Shaw Young (AK) Baldwin Cramer Gillmor Bishop (GA) DeLay Honda Ortiz Shays Young (FL) Barrow Crenshaw Gingrey Bishop (NY) Dent Hooley Becerra Crowley Gonzalez Blackburn Diaz-Balart, L. Hoyer NOT VOTING—11 Berkley Culberson Goode Blumenauer Diaz-Balart, M. Hyde Bono Davis, Tom Pryce (OH) Berman Cummings Goodlatte Blunt Dicks Inglis (SC) Chandler McCrery Sessions Berry Cunningham Gordon Boehlert Dingell Inslee Cox McKinney Woolsey Biggert Davis (AL) Granger Boehner Doggett Israel Cuellar Oberstar Bishop (GA) Davis (CA) Green (WI) Bonilla Doyle Issa Bishop (NY) Davis (FL) Green, Al Boozman Drake Istook ANNOUNCEMENT BY THE CHAIRMAN Blumenauer Davis (IL) Green, Gene Boren Dreier Jackson (IL) The CHAIRMAN (during the vote). Blunt Davis (KY) Grijalva Boswell Edwards Jackson-Lee Members are advised there are 2 min- Boehlert Davis (TN) Gutierrez Boucher Ehlers (TX) Boehner Davis, Jo Ann Harman Boustany Emanuel Jefferson utes remaining in this vote. Bonilla Davis, Tom Hastings (FL) Boyd Emerson Jenkins b 1428 Bonner DeFazio Hastings (WA) Bradley (NH) Engel Johnson (CT) Boozman DeGette Hayes Brady (PA) English (PA) Johnson (IL) Ms. LINDA T. SA´ NCHEZ of Cali- Boren Delahunt Hayworth Brady (TX) Eshoo Johnson, E. B. fornia, Mr. SCOTT of Georgia, Mr. Boswell DeLauro Herseth Brown (OH) Etheridge Jones (OH) Boucher DeLay Higgins Brown (SC) Evans Kanjorski CROWLEY and Ms. HOOLEY changed Boustany Dent Hinchey Brown, Corrine Farr Kaptur their vote from ‘‘aye’’ to ‘‘no.’’ Boyd Diaz-Balart, L. Hinojosa Brown-Waite, Fattah Kelly Mrs. CUBIN, and Messrs. EVERETT, Bradley (NH) Dicks Hobson Ginny Ferguson Kennedy (MN) SHUSTER and DEAL of Georgia Brady (PA) Dingell Hoekstra Butterfield Filner Kennedy (RI) Brown (OH) Doggett Holden Buyer Fitzpatrick (PA) Kildee changed their vote from ‘‘no’’ to ‘‘aye.’’ Brown (SC) Doolittle Holt Calvert Flake Kilpatrick (MI) So the amendment was rejected. Brown, Corrine Doyle Honda Camp Ford Kind The result of the vote was announced Brown-Waite, Drake Hooley Cantor Fortenberry King (NY) as above recorded. Ginny Dreier Hoyer Capito Fossella Kirk Burgess Edwards Hulshof Capps Frank (MA) Kline AMENDMENT NO. 4 OFFERED BY MR. HEFLEY Butterfield Ehlers Hunter Capuano Frelinghuysen Knollenberg The CHAIRMAN. The pending busi- Calvert Emanuel Hyde Cardin Gallegly Kolbe ness is the demand for a recorded vote Camp Emerson Inslee Cardoza Gerlach Kucinich Cantor Engel Israel Carnahan Gilchrest Kuhl (NY) on the amendment offered by the gen- Capito English (PA) Istook Carson Gillmor LaHood tleman from Colorado (Mr. HEFLEY) on Capps Eshoo Jackson (IL) Carter Gingrey Langevin which further proceedings were post- Capuano Etheridge Jackson-Lee Case Gohmert Lantos poned and on which the noes prevailed Cardin Evans (TX) Castle Gonzalez Larsen (WA) Cardoza Farr Jefferson Chabot Goodlatte Larson (CT) by voice vote. Carnahan Fattah Johnson (CT) Chocola Gordon Latham The Clerk will redesignate the Carson Ferguson Johnson (IL) Clay Granger LaTourette amendment. Carter Filner Johnson, E. B. Cleaver Graves Leach The Clerk redesignated the amend- Case Fitzpatrick (PA) Jones (OH) Clyburn Green (WI) Lee Castle Foley Kanjorski Cole (OK) Green, Al Levin ment. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4601 Kaptur Moore (WI) Serrano The CHAIRMAN. This will be a 5- Miller (NC) Rangel Spratt Kelly Moran (VA) Shaw minute vote. Miller, Gary Regula Stark Kennedy (MN) Murphy Shays Miller, George Rehberg Stearns Kennedy (RI) Murtha Sherman The vote was taken by electronic de- Mollohan Reichert Strickland Kildee Nadler Sherwood vice, and there were—ayes 415, noes 8, Moore (KS) Renzi Stupak Kilpatrick (MI) Moore (WI) Reyes Napolitano Simmons answered ‘‘present’’ 1, not voting 9, as Sullivan Kind Neal (MA) Simpson Moran (KS) Reynolds Sweeney King (NY) Ney Skelton follows: Moran (VA) Rogers (AL) Tancredo Kingston Northup Murphy Rogers (KY) Slaughter [Roll No. 261] Tanner Kirk Nunes Smith (NJ) Murtha Rohrabacher Tauscher Musgrave Ros-Lehtinen Kline Nussle Smith (TX) AYES—415 Taylor (MS) Knollenberg Obey Myrick Ross Smith (WA) Taylor (NC) Kolbe Olver Abercrombie Davis (TN) Inglis (SC) Nadler Rothman Snyder Terry Kucinich Ortiz Ackerman Davis, Jo Ann Inslee Napolitano Roybal-Allard Solis Thomas Kuhl (NY) Osborne Aderholt Davis, Tom Israel Neal (MA) Royce Souder Akin Deal (GA) Issa Thompson (CA) LaHood Owens Spratt Neugebauer Ruppersberger Langevin Oxley Alexander DeFazio Istook Ney Rush Thompson (MS) Stark Allen DeGette Jackson (IL) Thornberry Lantos Pallone Strickland Northup Ryan (OH) Larsen (WA) Pascrell Andrews Delahunt Jackson-Lee Norwood Ryan (WI) Tiahrt Stupak Baca DeLauro (TX) Tiberi Larson (CT) Pastor Sullivan Nunes Ryun (KS) Latham Payne Bachus DeLay Jefferson Nussle Sabo Tierney Sweeney LaTourette Pearce Baird Dent Jenkins Obey Salazar Towns Tauscher Leach Pelosi Baker Diaz-Balart, L. Jindal Olver Sa´ nchez, Linda Turner Taylor (NC) Lee Peterson (MN) Baldwin Diaz-Balart, M. Johnson (CT) Ortiz T. Udall (CO) Terry Levin Peterson (PA) Barrett (SC) Dicks Johnson (IL) Osborne Sanchez, Loretta Udall (NM) Thomas Lewis (CA) Pickering Barrow Dingell Johnson, E. B. Otter Sanders Upton Thompson (CA) Lewis (GA) Platts Bartlett (MD) Doggett Johnson, Sam Owens Saxton Van Hollen Thompson (MS) Lipinski Pombo Barton (TX) Doolittle Jones (NC) Oxley Schakowsky Vela´ zquez Thornberry Bass Doyle Jones (OH) LoBiondo Pomeroy Pallone Schiff Visclosky Tiahrt Bean Drake Kanjorski Lofgren, Zoe Porter Pascrell Schwartz (PA) Walden (OR) Tiberi Beauprez Dreier Kaptur Lowey Price (NC) Pastor Schwarz (MI) Walsh Tierney Becerra Duncan Keller Lucas Pryce (OH) Paul Scott (GA) Wamp Lynch Putnam Towns Berkley Edwards Kelly Payne Scott (VA) Turner Berman Ehlers Kennedy (MN) Wasserman Maloney Rahall Pearce Sensenbrenner Schultz Marchant Rangel Udall (CO) Berry Emanuel Kennedy (RI) Pelosi Serrano Udall (NM) Biggert Emerson Kildee Watson Markey Regula Pence Shadegg Watt Marshall Rehberg Upton Bilirakis Engel Kilpatrick (MI) Peterson (MN) Shaw Waxman Matheson Reichert Van Hollen Bishop (GA) English (PA) Kind Peterson (PA) Shays ´ Weiner Matsui Renzi Velazquez Bishop (NY) Eshoo King (IA) Petri Sherman Weldon (FL) McCarthy Reyes Visclosky Bishop (UT) Etheridge King (NY) Pickering Sherwood McCaul (TX) Reynolds Walden (OR) Blackburn Evans Kingston Pitts Shimkus Weldon (PA) McCollum (MN) Rogers (AL) Walsh Blumenauer Everett Kline Platts Shuster Weller McCrery Rogers (KY) Wamp Boehlert Farr Knollenberg Poe Simmons Wexler McDermott Ros-Lehtinen Wasserman Boehner Fattah Kolbe Pombo Simpson Whitfield McGovern Ross Schultz Bonner Ferguson Kucinich Pomeroy Skelton Wicker McHugh Rothman Waters Boozman Filner Kuhl (NY) Porter Slaughter Wilson (NM) McIntyre Roybal-Allard Watson Boren Fitzpatrick (PA) LaHood Price (GA) Smith (NJ) Wilson (SC) McKeon Ruppersberger Watt Boswell Flake Langevin Price (NC) Smith (TX) Wolf McKinney Rush Waxman Boucher Foley Lantos Pryce (OH) Smith (WA) Woolsey McNulty Ryan (OH) Weiner Boustany Forbes Larsen (WA) Putnam Snyder Wu Meehan Sabo Weldon (FL) Boyd Ford Larson (CT) Radanovich Sodrel Wynn Meek (FL) Salazar Weldon (PA) Bradley (NH) Fortenberry Latham Rahall Solis Young (AK) Meeks (NY) Sa´ nchez, Linda Weller Brady (PA) Fossella LaTourette Ramstad Souder Young (FL) Melancon T. Wexler Brady (TX) Foxx Leach Menendez Sanchez, Loretta Whitfield Brown (OH) Frank (MA) Lee NOES—8 Michaud Sanders Wicker Brown (SC) Franks (AZ) Levin Blunt Feeney Mica Millender- Saxton Wilson (NM) Brown, Corrine Frelinghuysen Lewis (CA) Bonilla Graves Westmoreland McDonald Schakowsky Wolf Brown-Waite, Gallegly Lewis (GA) Davis (KY) Hayes Miller (MI) Schiff Woolsey Ginny Garrett (NJ) Lewis (KY) Miller (NC) Schwartz (PA) Wu Burgess Gerlach Linder ANSWERED ‘‘PRESENT’’—1 Miller, George Schwarz (MI) Wynn Burton (IN) Gibbons Lipinski Hayworth Mollohan Scott (GA) Young (AK) Butterfield Gilchrest LoBiondo Moore (KS) Scott (VA) Young (FL) Calvert Gillmor Lofgren, Zoe NOT VOTING—9 Camp Gingrey Lowey Bono Cuellar Rogers (MI) NOT VOTING—6 Cannon Gohmert Lucas Buyer Kirk Sessions Bono Cuellar Pitts Capito Gonzalez Lungren, Daniel Cantor Oberstar Waters Conyers Oberstar Sessions Capps Goode E. Capuano Goodlatte Lynch ANNOUNCEMENT BY THE CHAIRMAN ANNOUNCEMENT BY THE CHAIRMAN Cardin Gordon Mack The CHAIRMAN (during the vote). The CHAIRMAN (during the vote). Cardoza Granger Maloney Carnahan Green (WI) Manzullo There are 2 minutes remaining in this There are 2 minutes remaining in this Carson Green, Al Marchant vote. vote. Carter Green, Gene Markey Case Grijalva Marshall b 1446 b 1438 Castle Gutierrez Matheson Mr. KNOLLENBERG changed his So the amendment was rejected. Chabot Gutknecht Matsui vote from ‘‘no’’ to ‘‘aye.’’ Chandler Hall McCarthy The result of the vote was announced Chocola Harman McCaul (TX) So the amendment was agreed to. as above recorded. Clay Harris McCollum (MN) The result of the vote was announced Cleaver Hart McCotter AMENDMENT OFFERED BY MR. MARKEY as above recorded. Clyburn Hastings (FL) McCrery Stated for: The CHAIRMAN. The pending busi- Coble Hastings (WA) McDermott Mr. KIRK. Mr. Chairman, on rollcall No. 261 Cole (OK) Hefley McGovern ness is the demand for a recorded vote I was unavoidably detained. Had I been on the amendment offered by the gen- Conaway Hensarling McHenry Conyers Herger McHugh present, I would have voted ‘‘aye.’’ tleman from Massachusetts (Mr. MAR- Cooper Herseth McIntyre AMENDMENT NO. 19 OFFERED BY MR. TANCREDO KEY) on which further proceedings were Costa Higgins McKeon The CHAIRMAN. The pending busi- postponed and on which the ayes pre- Costello Hinchey McKinney Cox Hinojosa McMorris ness is the demand for a recorded vote vailed by voice vote. Cramer Hobson McNulty on the amendment offered by the gen- The Clerk will redesignate the Crenshaw Hoekstra Meehan tleman from Colorado (Mr. TANCREDO) amendment. Crowley Holden Meek (FL) on which further proceedings were The Clerk redesignated the amend- Cubin Holt Meeks (NY) Culberson Honda Melancon postponed and on which the noes pre- ment. Cummings Hooley Menendez vailed by voice vote. RECORDED VOTE Cunningham Hostettler Michaud The Clerk will redesignate the The CHAIRMAN. A recorded vote has Davis (AL) Hoyer Millender- Davis (CA) Hulshof McDonald amendment. been demanded. Davis (FL) Hunter Miller (FL) The Clerk redesignated the amend- A recorded vote was ordered. Davis (IL) Hyde Miller (MI) ment. H4602 CONGRESSIONAL RECORD — HOUSE June 16, 2005

RECORDED VOTE Costello Kilpatrick (MI) Rangel RECORDED VOTE Crowley Kind Reichert The CHAIRMAN. A recorded vote has The CHAIRMAN. A recorded vote has Cummings Kirk Reyes been demanded. Davis (AL) Knollenberg Reynolds been demanded. A recorded vote was ordered. Davis (CA) Kucinich Ros-Lehtinen A recorded vote was ordered. Davis (FL) Kuhl (NY) Ross The CHAIRMAN. This will be a 5- The CHAIRMAN. This will be a 5- Davis (IL) Langevin Rothman minute vote. minute vote. DeFazio Lantos Roybal-Allard The vote was taken by electronic de- DeGette Larsen (WA) Ruppersberger The vote was taken by electronic de- Delahunt Larson (CT) Rush vice, and there were—ayes 106, noes 322, vice, and there were—ayes 204, noes 222, DeLauro Leach Ryan (OH) not voting 7, as follows: Diaz-Balart, L. Lee not voting 5, as follows: Ryan (WI) Diaz-Balart, M. Levin [Roll No. 263] [Roll No. 262] Sabo Dicks Lewis (CA) Salazar AYES—106 AYES—204 Dingell Lewis (GA) ´ Doggett Linder Sanchez, Linda Abercrombie Graves Pence Aderholt Gerlach Northup Doyle Lipinski T. Aderholt Green (WI) Peterson (MN) Akin Gibbons Norwood Edwards LoBiondo Sanchez, Loretta Akin Gutknecht Peterson (PA) Alexander Gillmor Nunes Ehlers Lofgren, Zoe Sanders Barrett (SC) Hall Petri Bachus Gingrey Nussle Emanuel Lowey Saxton Barrow Hayes Pitts Baker Gohmert Osborne Engel Lynch Schakowsky Bartlett (MD) Hayworth Platts Barrett (SC) Goode Otter Eshoo Maloney Schiff Barton (TX) Hefley Barrow Goodlatte Pombo Oxley Etheridge Markey Schwartz (PA) Bilirakis Herseth Bartlett (MD) Gordon Radanovich Paul Evans Matheson Schwarz (MI) Boozman Holden Barton (TX) Granger Rehberg Pearce Farr Matsui Scott (GA) Boren Hostettler Bass Graves Renzi Pence Fattah McCarthy Scott (VA) Bradley (NH) Hunter Beauprez Gutknecht Rogers (AL) Peterson (MN) Ferguson McCollum (MN) Serrano Brady (TX) Istook Bilirakis Hall Rogers (MI) Peterson (PA) Filner McDermott Brown-Waite, Jones (NC) Bishop (UT) Harris Sherman Rohrabacher Petri Ford McGovern Ginny Kaptur Blackburn Hart Simmons Royce Pickering Fossella McIntyre Burgess Keller Blunt Hayes Slaughter Ryan (OH) Pitts Frank (MA) McKinney Case King (IA) Boehner Hayworth Smith (WA) Ryun (KS) Platts Frelinghuysen McNulty Chabot LoBiondo Bonilla Hefley Snyder Sensenbrenner Poe Gilchrest Meehan Coble Manzullo Bonner Hensarling Solis Shuster Pombo Gonzalez Meek (FL) Cox Marchant Boozman Herger Spratt Simpson Price (GA) Green (WI) Meeks (NY) Davis (TN) Marshall Boucher Hobson Stark Skelton Pryce (OH) Green, Al Melancon Davis, Jo Ann McCotter Boustany Hoekstra Strickland Smith (TX) Putnam Green, Gene Menendez Deal (GA) McHenry Bradley (NH) Holden Stupak Sodrel Radanovich Grijalva Michaud DeFazio McHugh Brady (TX) Hostettler Tauscher Stearns Ramstad Gutierrez Millender- Drake McMorris Brown (SC) Hulshof Terry Strickland Regula Harman McDonald Duncan Melancon Brown-Waite, Hyde Thomas Sullivan Rehberg Hastings (FL) Miller (NC) Emerson Mica Ginny Inglis (SC) Thompson (CA) Renzi Hastings (WA) Miller, George Forbes Miller (FL) Sweeney Burgess Issa Thompson (MS) Rogers (AL) Herseth Mollohan Foxx Miller (MI) Tancredo Burton (IN) Istook Towns Rogers (KY) Higgins Moore (KS) Franks (AZ) Miller, Gary Taylor (MS) Buyer Jenkins Udall (CO) Rogers (MI) Hinchey Moore (WI) Garrett (NJ) Moran (KS) Taylor (NC) Calvert Jindal Udall (NM) Rohrabacher Hinojosa Moran (VA) Gibbons Murphy Wamp Camp Johnson (CT) Royce Holt Murphy Van Hollen Gillmor Ney Weldon (PA) Cantor Johnson, Sam ´ Ryun (KS) Honda Nadler Velazquez Gingrey Norwood Whitfield Carter Jones (NC) Sensenbrenner Hooley Napolitano Visclosky Gohmert Otter Wilson (SC) Case Kanjorski Shadegg Hoyer Neal (MA) Wasserman Goode Pascrell Wolf Chabot Keller Shaw Inslee Obey Schultz Goodlatte Paul Young (FL) Chocola Kennedy (MN) Shays Israel Olver Waters Coble King (IA) NOES—322 Sherwood Jackson (IL) Ortiz Watson Cole (OK) King (NY) Shimkus Jackson-Lee Owens Watt Ackerman Cardoza Eshoo Conaway Kingston (TX) Pallone Waxman Alexander Carnahan Etheridge Costa Kline Shuster Jefferson Pascrell Weiner Allen Carson Evans Cox Kolbe Simpson Johnson (IL) Pastor Weller Andrews Carter Everett Cramer LaHood Skelton Johnson, E. B. Payne Wexler Baca Castle Farr Crenshaw Latham Smith (NJ) Jones (OH) Pelosi Wilson (NM) Bachus Chandler Fattah Cubin LaTourette Smith (TX) Kaptur Pomeroy Woolsey Baird Chocola Feeney Culberson Lewis (KY) Sodrel Kelly Porter Wu Baker Clay Ferguson Cunningham Lucas Souder Kennedy (RI) Price (NC) Wynn Baldwin Cleaver Filner Davis (KY) Lungren, Daniel Stearns Kildee Rahall Young (AK) Bass Clyburn Fitzpatrick (PA) Davis (TN) E. Sullivan Bean Cole (OK) Flake Davis, Jo Ann Mack Sweeney NOT VOTING—7 Beauprez Conaway Foley Davis, Tom Manzullo Tancredo Bono Hunter Tierney Becerra Conyers Ford Deal (GA) Marchant Tanner Cuellar Oberstar Berkley Cooper Fortenberry DeLay Marshall Taylor (MS) Foley Sessions Berman Costa Fossella Dent McCaul (TX) Taylor (NC) Berry Costello Frank (MA) Doolittle McCotter Thornberry ANNOUNCEMENT BY THE CHAIRMAN Biggert Cramer Frelinghuysen Drake McCrery Tiahrt The CHAIRMAN (during the vote). Bishop (GA) Crenshaw Gallegly Dreier McHenry Tiberi Bishop (NY) Crowley Gerlach Duncan McHugh Turner Members are advised 2 minutes remain Bishop (UT) Cubin Gilchrest Emerson McKeon Upton in this vote. Blackburn Culberson Gonzalez English (PA) McMorris Walden (OR) Blumenauer Cummings Gordon Everett Mica Walsh b 1454 Blunt Cunningham Granger Feeney Miller (FL) Wamp So the amendment was rejected. Boehlert Davis (AL) Green, Al Fitzpatrick (PA) Miller (MI) Weldon (FL) Boehner Davis (CA) Green, Gene Flake Miller, Gary Weldon (PA) The result of the vote was announced Bonilla Davis (FL) Grijalva Forbes Moran (KS) Westmoreland as above recorded. Bonner Davis (IL) Gutierrez Fortenberry Murtha Whitfield Stated for: Boswell Davis (KY) Harman Foxx Musgrave Wicker Mr. FOLEY. Mr. Chairman, on rollcall No. Boucher Davis, Tom Harris Franks (AZ) Myrick Wilson (SC) Boustany DeGette Hart Gallegly Neugebauer Wolf 262 I was unavoidably detained. Had I been Boyd DeLauro Hastings (FL) Garrett (NJ) Ney Young (FL) present, I would have voted ‘‘aye.’’ Brady (PA) DeLay Hastings (WA) AMENDMENT NO. 19 OFFERED BY MR. TANCREDO NOES—222 Brown (OH) Dent Hensarling The CHAIRMAN. The pending busi- Brown (SC) Diaz-Balart, L. Herger Abercrombie Bishop (GA) Capps ness is the demand for a recorded vote Brown, Corrine Diaz-Balart, M. Higgins Ackerman Bishop (NY) Capuano Burton (IN) Dicks Hinchey Allen Blumenauer Cardin on the amendment offered by the gen- Butterfield Dingell Hinojosa Andrews Boehlert Cardoza tleman from Colorado (Mr. TANCREDO) Buyer Doggett Hobson Baca Boren Carnahan on which further proceedings were Calvert Doolittle Hoekstra Baird Boswell Carson postponed and on which the noes pre- Camp Doyle Holt Baldwin Boyd Castle Cannon Dreier Honda Bean Brady (PA) Chandler vailed by voice vote. Cantor Edwards Hooley Becerra Brown (OH) Clay The Clerk will redesignate the Capito Ehlers Hoyer Berkley Brown, Corrine Cleaver amendment. Capps Emanuel Hulshof Berman Butterfield Clyburn The Clerk redesignated the amend- Capuano Engel Hyde Berry Cannon Conyers Cardin English (PA) Inglis (SC) Biggert Capito Cooper ment. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4603 Inslee McKinney Sanchez, Loretta A recorded vote was ordered. Feeney Knollenberg Radanovich Israel McNulty Sanders Ferguson Kolbe Rahall Issa Meehan Saxton The CHAIRMAN. This will be a 5- Fitzpatrick (PA) Kuhl (NY) Ramstad Jackson (IL) Meek (FL) Schakowsky minute vote. Flake LaHood Regula Jackson-Lee Meeks (NY) Schiff The vote was taken by electronic de- Foley Latham Rehberg (TX) Menendez Schwartz (PA) Forbes LaTourette Reichert Jefferson Michaud Schwarz (MI) vice, and there were—ayes 183, noes 244, Fortenberry Leach Renzi Jenkins Millender- Scott (GA) not voting 6, as follows: Fossella Lewis (CA) Reynolds Jindal McDonald Scott (VA) [Roll No. 264] Foxx Lewis (KY) Rogers (AL) Johnson (CT) Miller (NC) Serrano Franks (AZ) Linder Rogers (KY) Johnson (IL) Miller, George Shadegg AYES—183 Frelinghuysen LoBiondo Rogers (MI) Johnson, E. B. Mollohan Shaw Gallegly Lucas Rohrabacher Abercrombie Grijalva Obey Johnson, Sam Moore (KS) Shays Garrett (NJ) Lungren, Daniel Ros-Lehtinen Ackerman Gutierrez Olver Jones (OH) Moore (WI) Sherman Gerlach E. Royce Allen Harman Ortiz Kanjorski Moran (VA) Sherwood Gibbons Mack Ryan (WI) Andrews Hastings (FL) Kelly Murtha Shimkus Owens Gilchrest Manzullo Ryun (KS) Baca Higgins Kennedy (MN) Musgrave Simmons Pallone Gillmor Marchant Saxton Baldwin Hinchey Kennedy (RI) Myrick Slaughter Pascrell Gingrey Matheson Schwarz (MI) Barrow Hinojosa Kildee Nadler Smith (NJ) Pastor Gohmert McCaul (TX) Sensenbrenner Bean Holden Kilpatrick (MI) Napolitano Smith (WA) Paul Goode McCotter Shadegg Beauprez Holt Kind Neal (MA) Snyder Payne Goodlatte McCrery Shaw Becerra Honda King (NY) Neugebauer Solis Pelosi Granger McHenry Shays Berkley Hooley Kingston Northup Souder Price (NC) Graves McHugh Sherwood Berman Hoyer Kirk Nunes Spratt Rangel Green (WI) McKeon Shimkus Berry Inslee Kline Nussle Stark Reyes Gutknecht McMorris Shuster Bishop (GA) Israel Knollenberg Obey Stupak Ross Hall Melancon Simmons Bishop (NY) Jackson (IL) Kolbe Olver Tanner Harris Mica Simpson Blumenauer Jackson-Lee Rothman Kucinich Ortiz Tauscher Hart Miller (FL) Smith (NJ) Boren (TX) Roybal-Allard Kuhl (NY) Osborne Terry Hastings (WA) Miller (MI) Smith (TX) Boucher Jefferson Ruppersberger LaHood Owens Thomas Hayes Miller, Gary Sodrel Brady (PA) Johnson, E. B. Ryan (OH) Langevin Oxley Thompson (CA) Hayworth Moran (KS) Souder Brown (OH) Jones (OH) Sabo Lantos Pallone Thompson (MS) Hefley Murphy Stearns Brown, Corrine Kaptur Salazar Larsen (WA) Pastor Thornberry Hensarling Murtha Sullivan Butterfield Kennedy (RI) Sa´ nchez, Linda Larson (CT) Payne Tiahrt Herger Musgrave Sweeney Capps Kildee T. Latham Pearce Tiberi Herseth Myrick Tancredo Capuano Kilpatrick (MI) Sanchez, Loretta LaTourette Pelosi Tierney Hobson Neugebauer Tanner Cardin Kind Sanders Leach Pickering Towns Hoekstra Ney Taylor (MS) Cardoza Kucinich Schakowsky Lee Poe Turner Hostettler Northup Taylor (NC) Carnahan Langevin Schiff Levin Pomeroy Udall (CO) Hulshof Norwood Terry Carson Lantos Schwartz (PA) Lewis (CA) Porter Udall (NM) Hunter Nunes Thomas Clay Larsen (WA) Scott (GA) Lewis (GA) Price (GA) Upton Hyde Nussle Thornberry Cleaver Larson (CT) Scott (VA) Lewis (KY) Price (NC) Van Hollen Inglis (SC) Osborne Tiahrt Clyburn Lee Linder Pryce (OH) Vela´ zquez Serrano Issa Otter Tiberi Conyers Levin Lipinski Putnam Visclosky Sherman Istook Oxley Turner Cooper Lewis (GA) Lofgren, Zoe Rahall Walden (OR) Skelton Jenkins Pearce Upton Costa Lipinski Lowey Ramstad Walsh Slaughter Jindal Pence Walden (OR) Costello Lofgren, Zoe Lucas Rangel Wasserman Smith (WA) Johnson (CT) Peterson (MN) Walsh Crowley Lowey Lungren, Daniel Regula Schultz Snyder Johnson (IL) Peterson (PA) Wamp Cummings Lynch E. Reichert Waters Solis Johnson, Sam Petri Weldon (FL) Davis (AL) Maloney Lynch Reyes Watson Spratt Jones (NC) Pickering Weldon (PA) Davis (CA) Markey Mack Reynolds Watt Stark Kanjorski Pitts Weller Davis (FL) Marshall Maloney Rogers (KY) Waxman Strickland Keller Platts Westmoreland Davis (IL) Matsui Markey Ros-Lehtinen Weiner Stupak Kelly Poe Whitfield DeFazio McCarthy Matheson Ross Weldon (FL) Tauscher Kennedy (MN) Pombo Wicker DeGette McCollum (MN) Matsui Rothman Weller Thompson (CA) King (IA) Pomeroy Wilson (NM) Delahunt McGovern McCarthy Roybal-Allard Westmoreland Thompson (MS) King (NY) Porter Wilson (SC) DeLauro McIntyre McCaul (TX) Ruppersberger Wexler Tierney Kingston Price (GA) Wolf Dingell McKinney McCollum (MN) Rush Wicker Kirk Pryce (OH) Young (AK) Doggett McNulty Towns McCrery Ryan (WI) Wilson (NM) Kline Putnam Young (FL) Doyle Meehan Udall (CO) McDermott Sabo Woolsey Edwards Meek (FL) Udall (NM) McGovern Salazar Wu NOT VOTING—6 Emanuel Meeks (NY) Van Hollen McIntyre Sa´ nchez, Linda Wynn Engel Menendez Vela´ zquez Bono McDermott Rush McKeon T. Young (AK) Eshoo Michaud Visclosky Cuellar Oberstar Sessions Wasserman NOT VOTING—5 Etheridge Millender- ANNOUNCEMENT BY THE CHAIRMAN Evans McDonald Schultz Bono Delahunt Sessions Farr Miller (NC) Waters The CHAIRMAN (during the vote). Cuellar Oberstar Fattah Miller, George Watson Members are advised that 2 minutes re- Watt ANNOUNCEMENT BY THE CHAIRMAN Filner Mollohan main in this vote. Ford Moore (KS) Waxman The CHAIRMAN (during the vote). Frank (MA) Moore (WI) Weiner b 1510 Members are advised that 2 minutes re- Gonzalez Moran (VA) Wexler main in this vote. Gordon Nadler Woolsey So the amendment was rejected. Green, Al Napolitano Wu The result of the vote was announced b 1502 Green, Gene Neal (MA) Wynn as above recorded. So the amendment was rejected. NOES—244 AMENDMENT OFFERED BY MR. MORAN OF The result of the vote was announced Aderholt Bradley (NH) Cramer VIRGINIA as above recorded. Akin Brady (TX) Crenshaw The CHAIRMAN. The pending busi- Alexander Brown (SC) Cubin AMENDMENT OFFERED BY MS. JACKSON-LEE OF ness is the demand for a recorded vote Bachus Brown-Waite, Culberson TEXAS Baird Ginny Cunningham on the amendment offered by the gen- The CHAIRMAN. The pending busi- Baker Burgess Davis (KY) tleman from Virginia (Mr. MORAN) on ness is the demand for a recorded vote Barrett (SC) Burton (IN) Davis (TN) which further proceedings were post- Bartlett (MD) Buyer Davis, Jo Ann on the amendment offered by the gen- Barton (TX) Calvert Davis, Tom poned and on which the noes prevailed tlewoman from Texas (Ms. JACKSON- Bass Camp Deal (GA) by voice vote. LEE) on which further proceedings were Biggert Cannon DeLay The Clerk will redesignate the postponed and on which the noes pre- Bilirakis Cantor Dent amendment. Bishop (UT) Capito Diaz-Balart, L. vailed by voice vote. Blackburn Carter Diaz-Balart, M. The Clerk redesignated the amend- The Clerk will redesignate the Blunt Case Dicks ment. Boehlert Castle Doolittle amendment. RECORDED VOTE Boehner Chabot Drake The Clerk redesignated the amend- Bonilla Chandler Dreier The CHAIRMAN. A recorded vote has ment. Bonner Chocola Duncan been demanded. RECORDED VOTE Boozman Coble Ehlers A recorded vote was ordered. Boswell Cole (OK) Emerson The CHAIRMAN. A recorded vote has Boustany Conaway English (PA) The CHAIRMAN. This will be a 5- been demanded. Boyd Cox Everett minute vote. H4604 CONGRESSIONAL RECORD — HOUSE June 16, 2005 The vote was taken by electronic de- Hinojosa Melancon Ryun (KS) [Roll No. 266] Hobson Mica vice, and there were—ayes 149, noes 278, Salazar AYES—192 Hoekstra Michaud Sanders not voting 6, as follows: Holden Miller (FL) Saxton Abercrombie Ford Moore (WI) [Roll No. 265] Hostettler Miller (MI) Schwarz (MI) Ackerman Frank (MA) Moran (VA) Hulshof Miller, Gary Scott (GA) Allen Frelinghuysen Nadler AYES—149 Hunter Mollohan Sensenbrenner Andrews Gerlach Napolitano Baca Gilchrest Abercrombie Harman Nadler Hyde Moran (KS) Shadegg Neal (MA) Baird Gonzalez Allen Hastings (FL) Napolitano Inglis (SC) Murphy Shaw Olver Baldwin Gordon Andrews Higgins Neal (MA) Issa Murtha Sherwood Owens Istook Musgrave Barrow Green, Al Pallone Baird Hinchey Olver Shimkus Jefferson Myrick Bass Green, Gene Pascrell Baldwin Holt Owens Shuster Jenkins Neugebauer Bean Grijalva Pastor Bean Honda Pallone Simmons Jindal Ney Becerra Gutierrez Payne Becerra Hooley Pascrell Simpson Berkley Harman Berkley Hoyer Pastor Johnson (IL) Northup Pelosi Skelton Berman Hastings (FL) Berman Inslee Payne Johnson, Sam Norwood Pomeroy Smith (NJ) Biggert Herseth Bishop (NY) Israel Pelosi Jones (NC) Nunes Price (NC) Smith (TX) Bishop (GA) Higgins Blumenauer Jackson (IL) Price (NC) Kanjorski Nussle Ramstad Smith (WA) Bishop (NY) Hinojosa Brady (PA) Jackson-Lee Ramstad Kaptur Obey Rangel Snyder Blumenauer Holt Brown (OH) (TX) Rangel Keller Ortiz Reyes Sodrel Boehlert Honda Brown, Corrine Johnson (CT) Regula Kelly Osborne Rothman Souder Boswell Hooley Capps Johnson, E. B. Rothman Kennedy (MN) Otter Roybal-Allard Stearns Boucher Hoyer Capuano Jones (OH) Roybal-Allard Kildee Paul Ruppersberger Strickland Boyd Inslee Cardin Kennedy (RI) Rush Kind Pearce Rush Stupak Bradley (NH) Israel Carnahan Kilpatrick (MI) Sabo King (IA) Pence Sabo Brady (PA) Jackson (IL) Carson Kirk Sa´ nchez, Linda King (NY) Peterson (MN) Sullivan Salazar Brown (OH) Jefferson ´ Case Kucinich T. Kingston Peterson (PA) Sweeney Sanchez, Linda Brown, Corrine Johnson (CT) Castle Langevin Sanchez, Loretta Kline Petri Tancredo T. Butterfield Johnson, E. B. Clay Lantos Schakowsky Knollenberg Pickering Tanner Sanchez, Loretta Capito Jones (OH) Cleaver Larson (CT) Schiff Kolbe Pitts Taylor (MS) Sanders Capps Kelly Clyburn Leach Schwartz (PA) Kuhl (NY) Platts Taylor (NC) Schakowsky Capuano Kennedy (RI) Conyers Lee Scott (VA) LaHood Poe Terry Schiff Cardin Kilpatrick (MI) Cummings Levin Serrano Larsen (WA) Pombo Thomas Schwartz (PA) Cardoza Kind Davis (CA) Lewis (GA) Shays Latham Pomeroy Thompson (CA) Scott (GA) Carnahan Kirk Davis (FL) Lipinski Sherman LaTourette Porter Thornberry Scott (VA) Lewis (CA) Price (GA) Carson Kolbe Serrano Davis (IL) LoBiondo Slaughter Tiahrt Lewis (KY) Pryce (OH) Case Kucinich Shays Davis, Tom Lofgren, Zoe Solis Tiberi Linder Putnam Castle Langevin Sherman DeGette Lowey Spratt Turner Chandler Lantos Delahunt Lynch Stark Lucas Radanovich Simmons Udall (CO) Clay Larsen (WA) DeLauro Maloney Tauscher Lungren, Daniel Rahall Slaughter Upton Cleaver Larson (CT) Dicks Markey Thompson (MS) E. Rehberg Smith (WA) Visclosky Clyburn Leach Doggett Matsui Tierney Mack Reichert Snyder Walden (OR) Cooper Lee Doyle McCarthy Towns Manzullo Renzi Solis Walsh Costa Levin Ehlers McCollum (MN) Udall (NM) Marchant Reyes Spratt Wamp Cramer Lewis (GA) Emanuel McDermott Van Hollen Marshall Reynolds Stark Weldon (FL) Crowley Lofgren, Zoe Engel McGovern Vela´ zquez Matheson Rogers (AL) Strickland Weller Cummings Lowey Eshoo McKinney Wasserman McCaul (TX) Rogers (KY) Tanner Westmoreland Davis (AL) Lynch Evans Meehan Schultz McCotter Rogers (MI) Tauscher Whitfield Davis (CA) Maloney Farr Meek (FL) Waters McCrery Rohrabacher Thompson (CA) Wicker Davis (FL) Markey Fattah Meeks (NY) Watson McHenry Ros-Lehtinen Thompson (MS) Wilson (NM) Davis (IL) Matheson Ferguson Menendez Watt McHugh Ross Tierney Wilson (SC) DeFazio Matsui Filner Millender- Waxman McIntyre Royce Towns Wu DeGette McCarthy Fitzpatrick (PA) McDonald Weiner McKeon Ruppersberger Udall (CO) Young (AK) DeLauro McCollum (MN) Frank (MA) Miller (NC) Weldon (PA) McMorris Ryan (OH) Udall (NM) Dent McDermott Gilchrest Miller, George Wexler McNulty Ryan (WI) Young (FL) Van Hollen Dicks McGovern ´ Green, Al Moore (KS) Wolf Velazquez NOT VOTING—6 Dingell McKinney Grijalva Moore (WI) Woolsey Visclosky Doggett McNulty Gutierrez Moran (VA) Wynn Bono Green, Gene Oxley Wasserman Cuellar Oberstar Sessions Edwards Meehan Schultz NOES—278 Emanuel Meek (FL) Waters ANNOUNCEMENT BY THE CHAIRMAN Engel Meeks (NY) Watson Ackerman Calvert Emerson The CHAIRMAN (during the vote). Eshoo Menendez Watt Aderholt Camp English (PA) Members are advised there are 2 min- Etheridge Michaud Waxman Akin Cannon Etheridge Evans Millender- Weiner Alexander Cantor Everett utes remaining in this vote. Farr McDonald Wexler Baca Capito Feeney b 1518 Fattah Miller (NC) Woolsey Bachus Cardoza Flake Filner Miller, George Wu Baker Carter Foley Mr. CASTLE changed his vote from Foley Moore (KS) Wynn Barrett (SC) Chabot Forbes ‘‘no’’ to ‘‘aye.’’ Barrow Chandler Ford NOES—233 Bartlett (MD) Chocola So the amendment was rejected. Fortenberry Aderholt Cannon English (PA) Barton (TX) Coble The result of the vote was announced Fossella Akin Cantor Everett Bass Cole (OK) Foxx as above recorded. Alexander Carter Feeney Beauprez Conaway Franks (AZ) AMENDMENT NO. 6 OFFERED BY MRS. MALONEY Bachus Chabot Ferguson Berry Cooper Frelinghuysen Baker Chocola Fitzpatrick (PA) Biggert Costa The CHAIRMAN. The pending busi- Gallegly Barrett (SC) Coble Flake Bilirakis Costello Garrett (NJ) ness is the demand for a recorded vote Bartlett (MD) Cole (OK) Forbes Bishop (GA) Cox Gerlach on amendment No. 6 offered by the gen- Barton (TX) Conaway Fortenberry Bishop (UT) Cramer Gibbons Beauprez Costello Fossella Blackburn Crenshaw tlewoman from New York (Mrs. Gillmor Berry Cox Foxx Blunt Crowley Gingrey MALONEY) on which further pro- Bilirakis Crenshaw Franks (AZ) Boehlert Cubin Gohmert ceedings were postponed and on which Bishop (UT) Cubin Gallegly Boehner Culberson Gonzalez Blackburn Culberson Garrett (NJ) Bonilla Cunningham the noes prevailed by voice vote. Goode Blunt Cunningham Gibbons Bonner Davis (AL) The Clerk will redesignate the Goodlatte Boehner Davis (KY) Gillmor Boozman Davis (KY) Gordon amendment. Bonilla Davis (TN) Gingrey Boren Davis (TN) Granger The Clerk redesignated the amend- Bonner Davis, Jo Ann Gohmert Boswell Davis, Jo Ann Graves Boozman Davis, Tom Goode Boucher Deal (GA) ment. Green (WI) Boren Deal (GA) Goodlatte Boustany DeFazio RECORDED VOTE Gutknecht Boustany DeLay Granger Boyd DeLay Hall The CHAIRMAN. A recorded vote has Brady (TX) Diaz-Balart, L. Graves Bradley (NH) Dent Harris Brown (SC) Diaz-Balart, M. Green (WI) Brady (TX) Diaz-Balart, L. been demanded. Hart Brown-Waite, Doolittle Gutknecht Brown (SC) Diaz-Balart, M. A recorded vote was ordered. Hastings (WA) Ginny Doyle Hall Brown-Waite, Dingell The CHAIRMAN. This will be a 5- Hayes Burgess Drake Harris Ginny Doolittle Hayworth minute vote. Burton (IN) Dreier Hart Burgess Drake Hefley The vote was taken by electronic de- Buyer Duncan Hastings (WA) Burton (IN) Dreier Hensarling Calvert Ehlers Hayes Butterfield Duncan vice, and there were—ayes 192, noes 233, Herger Camp Emerson Hayworth Buyer Edwards Herseth not voting 8, as follows: June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4605 Hefley McKeon Ros-Lehtinen tion’s proposed initiative under the Commerce The question was taken; and the Hensarling McMorris Ross Speaker pro tempore announced that Herger Melancon Royce Department, which would have obliterated Hobson Mica Ryan (OH) Community Development Block Grants as well the noes appeared to have it. Hoekstra Miller (FL) Ryan (WI) as other valuable community development RECORDED VOTE Holden Miller (MI) Ryun (KS) programs. Hostettler Miller, Gary Mr. BURTON of Indiana. Mr. Speak- Saxton These victories, however, are not enough to Hulshof Mollohan Schwarz (MI) er, I demand a recorded vote. Hunter Moran (KS) Sensenbrenner compensate for the unacceptable cuts to com- A recorded vote was ordered. Hyde Murphy Shadegg munity policing programs, public broadcasting, Inglis (SC) Murtha The vote was taken by electronic de- Shaw Issa Musgrave and economic development programs, along vice, and there were—ayes 218, noes 208, Sherwood Istook Myrick with many other programs that positively con- Shimkus not voting 7, as follows: Jenkins Neugebauer Shuster tribute to the livability of our communities. I [Roll No. 267] Jindal Ney cannot support a bill that fails to support these Johnson (IL) Northup Simpson AYES—218 Johnson, Sam Norwood Skelton basic needs of our Nation. Aderholt Gillmor Northup Jones (NC) Nunes Smith (NJ) Mr. WOLF. Mr. Chairman, I move Akin Gingrey Norwood Kanjorski Nussle Smith (TX) that the Committee do now rise and re- Alexander Gohmert Nunes Kaptur Obey Sodrel port the bill back to the House with Bachus Goode Nussle Keller Ortiz Souder Baker Goodlatte Osborne Kennedy (MN) Osborne Stearns sundry amendments, with the rec- Barrett (SC) Granger Kildee Otter Stupak Otter ommendation that the amendments be Barrow Graves King (IA) Oxley Sullivan Oxley agreed to and that the bill, as amend- Bartlett (MD) Green (WI) King (NY) Paul Sweeney Paul Barton (TX) Gutknecht Kingston Pearce ed, do pass. Pearce Tancredo Bass Hall Kline Pence The motion was agreed to. Pence Taylor (MS) Beauprez Harris Knollenberg Peterson (MN) Peterson (MN) Taylor (NC) Accordingly, the Committee rose; Bilirakis Hart Kuhl (NY) Peterson (PA) Peterson (PA) Terry and the Speaker pro tempore (Mr. Bishop (UT) Hastings (WA) LaHood Petri Petri Thomas Blackburn Hayes Latham Pickering FOLEY) having assumed the chair, Mr. Pickering Thornberry Blunt Hayworth LaTourette Pitts Pitts Tiahrt HASTINGS of Washington, Chairman of Boehlert Hefley Lewis (CA) Platts Platts Tiberi the Committee of the Whole House on Boehner Hensarling Lewis (KY) Poe Poe Turner Bonilla Herger Linder Pombo the State of the Union, reported that Pombo Upton Bonner Hobson Lipinski Porter that Committee, having had under con- Price (GA) Walden (OR) Boozman Hoekstra LoBiondo Price (GA) Pryce (OH) Walsh sideration the bill (H.R. 2862) making Boren Hostettler Lucas Pryce (OH) Putnam Wamp appropriations for Science, the Depart- Boustany Hulshof Lungren, Daniel Putnam Bradley (NH) Hunter Radanovich E. Radanovich Weldon (FL) ments of State, Justice, and Com- Brady (TX) Hyde Ramstad Mack Rahall Weldon (PA) merce, and related agencies for the fis- Brown (SC) Inglis (SC) Regula Manzullo Regula Weller cal year ending September 30, 2006, and Brown-Waite, Issa Rehberg Marchant Rehberg Westmoreland Ginny Istook Renzi Marshall Reichert Whitfield for other purposes, had directed him to Burgess Jenkins Reynolds McCaul (TX) Renzi Wicker report the bill back to the House with Burton (IN) Jindal Rogers (AL) McCotter Reynolds Wilson (NM) sundry amendments, with the rec- Buyer Johnson (CT) Rogers (KY) McCrery Rogers (AL) Wilson (SC) ommendation that the amendments be Calvert Johnson (IL) Rogers (MI) McHenry Rogers (KY) Wolf Camp Johnson, Sam Rohrabacher McHugh Rogers (MI) Young (AK) agreed to and that the bill, as amend- Cannon Jones (NC) Royce McIntyre Rohrabacher Young (FL) ed, do pass. Cantor Keller Ryan (WI) NOT VOTING—8 The SPEAKER pro tempore. Pursu- Capito Kelly Ryun (KS) ant to House Resolution 314, the pre- Carter Kennedy (MN) Saxton Bono Hinchey Sessions vious question is ordered. Case King (IA) Schwarz (MI) Conyers Jackson-Lee Castle King (NY) Sensenbrenner Cuellar (TX) Is a separate vote demanded on any Chabot Kingston Shadegg Delahunt Oberstar amendment? Chandler Kline Shaw ANNOUNCEMENT BY THE CHAIRMAN Mr. MOLLOHAN. Mr. Speaker, I de- Chocola Kuhl (NY) Shays Coble LaHood The CHAIRMAN (during the vote). mand a separate vote on amendment Sherwood Cole (OK) Latham Shimkus Members are advised that 2 minutes re- No. 28 offered by the gentleman from Conaway LaTourette Shuster main in this vote. Iowa (Mr. KING). Cox Leach Simmons The SPEAKER pro tempore. Is a sep- Crenshaw Lewis (KY) Simpson b 1526 Cubin Linder Smith (NJ) arate vote demanded on any other Culberson LoBiondo So the amendment was rejected. Smith (TX) amendment? If not, the Chair will put Cunningham Lucas Sodrel The result of the vote was announced them en gros. Davis (KY) Lungren, Daniel Souder as above recorded. The amendments were agreed to. Davis, Jo Ann E. Stearns Davis, Tom Mack The CHAIRMAN. If there are no fur- Sullivan Deal (GA) Manzullo b 1530 Sweeney ther amendments, the Clerk will read DeLay Marchant Tancredo the last three lines of the bill. The SPEAKER pro tempore (Mr. Dent Marshall Tanner Doolittle Matheson The Clerk read as follows: FOLEY). The Clerk will designate the Taylor (MS) amendment on which a separate vote Drake McCaul (TX) This Act may be cited as the ‘‘Science, Dreier McCotter Taylor (NC) State, Justice, Commerce, and Related has been demanded. Duncan McCrery Terry Agencies Appropriations Act, 2006’’. The text of the amendment is as fol- Emerson McHenry Thornberry Tiahrt lows: English (PA) McHugh Mr. BLUMENAUER. Mr. Chairman, each Everett McIntyre Tiberi year, funding for essential programs under this Amendment: Feeney McKeon Turner bill is drastically cut. The National Oceanic At the end of the bill, insert after the last Fitzpatrick (PA) McMorris Upton and Atmospheric Association, the Community section (preceding the short title), the fol- Forbes Mica Walden (OR) lowing: Fortenberry Miller (FL) Wamp Oriented Policing Services, and the Public Fossella Miller (MI) Weldon (FL) Telecommunications Facilities and Planning TITLE VIII—ADDITIONAL GENERAL Foxx Miller, Gary Weldon (PA) Account are all examples of successful and PROVISIONS Franks (AZ) Moran (KS) Westmoreland SEC. 801. (a) For expenses necessary for en- Frelinghuysen Murphy Whitfield important programs that have been continually Gallegly Musgrave Wicker under-funded. While I have supported this ap- forcing subsections (a) and (b) of section 642 of the Illegal Immigration Reform and Immi- Garrett (NJ) Myrick Wilson (SC) propriations bill in the past, the cumulative af- Gerlach Neugebauer Wolf grant Responsibility Act of 1996 (8 U.S.C. Gibbons Ney Young (FL) fect of these cuts has reached a point where 1373), $1,000,000. I can no longer support the legislation. (b) The amount otherwise provided in this NOES—208 I was heartened to see the Sanders amend- Act for ‘‘DEPARTMENT OF JUSTICE— Abercrombie Bean Bishop (NY) ment pass which will repeal some of the most LEGAL ACTIVITIES—SALARIES AND EXPENSES, Ackerman Becerra Blumenauer dangerous provisions of the PATRIOT Act. GENERAL LEGAL ACTIVITIES’’ is hereby re- Allen Berkley Boswell duced by $1,000,000. Andrews Berman Boucher This is a common sense step to restore some Baca Berry Boyd of our civil liberties. I was also pleased that The SPEAKER pro tempore. The Baird Biggert Brady (PA) the Committee did not include the Administra- question is on the amendment. Baldwin Bishop (GA) Brown (OH) H4606 CONGRESSIONAL RECORD — HOUSE June 16, 2005 Brown, Corrine Hoyer Payne Under clause 10 of rule XX, the yeas McCrery Platts Smith (TX) Butterfield Inslee Pelosi and nays are ordered. McDermott Poe Smith (WA) Capps Israel Pomeroy McGovern Pombo Snyder Capuano Jackson (IL) Porter Pursuant to clause 8 of rule XX, this McHenry Pomeroy Sodrel Cardin Jackson-Lee Price (NC) 15-minute vote on passage of H.R. 2862 McHugh Porter Solis Cardoza (TX) Rahall will be followed by 5-minute votes on McIntyre Price (GA) Souder Carnahan Jefferson McKeon Price (NC) Rangel ordering the previous question on H. Spratt Carson Johnson, E. B. Reichert McKinney Pryce (OH) Stark Clay Jones (OH) Reyes Res. 315, and on adoption of H. Res. 315, McMorris Putnam Stearns Cleaver Kanjorski Ros-Lehtinen if ordered. McNulty Radanovich Strickland Clyburn Kaptur Meehan Rahall Ross Stupak Conyers Kennedy (RI) The vote was taken by electronic de- Meek (FL) Ramstad Rothman Sullivan Cooper Kildee vice, and there were—yeas 418, nays 7, Meeks (NY) Rangel Roybal-Allard Sweeney Costa Kilpatrick (MI) Melancon Regula Ruppersberger not voting 8, as follows: Tancredo Costello Kind Rush Menendez Rehberg Cramer Kirk [Roll No. 268] Mica Reichert Tanner Ryan (OH) Tauscher Crowley Knollenberg Sabo YEAS—418 Michaud Renzi Cummings Kolbe Millender- Reyes Taylor (MS) Salazar Abercrombie Cubin Herseth Taylor (NC) Davis (AL) Kucinich Sa´ nchez, Linda McDonald Reynolds Davis (CA) Langevin Ackerman Culberson Higgins Miller (MI) Rogers (AL) Terry T. Aderholt Cummings Hinchey Thomas Davis (FL) Lantos Sanchez, Loretta Miller (NC) Rogers (KY) Davis (IL) Larsen (WA) Akin Cunningham Hinojosa Thompson (CA) Sanders Miller, Gary Rogers (MI) Davis (TN) Larson (CT) Alexander Davis (AL) Hobson Miller, George Rohrabacher Thompson (MS) Schakowsky DeFazio Lee Allen Davis (CA) Hoekstra Mollohan Ros-Lehtinen Thornberry Schiff DeGette Levin Andrews Davis (FL) Holden Moore (KS) Ross Tiahrt Schwartz (PA) Delahunt Lewis (CA) Baca Davis (IL) Holt Moore (WI) Rothman Tiberi Scott (GA) DeLauro Lewis (GA) Bachus Davis (KY) Honda Moran (KS) Roybal-Allard Scott (VA) Tierney Diaz-Balart, L. Lipinski Baird Davis (TN) Hooley Moran (VA) Royce Serrano Towns Diaz-Balart, M. Lofgren, Zoe Baker Davis, Jo Ann Hostettler Murphy Ruppersberger Sherman Turner Dicks Lowey Baldwin Davis, Tom Hoyer Murtha Rush Skelton Udall (CO) Dingell Lynch Barrett (SC) Deal (GA) Hulshof Musgrave Ryan (OH) Slaughter Udall (NM) Doggett Maloney Barrow DeFazio Hunter Myrick Ryan (WI) Smith (WA) Upton Doyle Markey Bartlett (MD) DeGette Hyde Nadler Ryun (KS) Snyder Bass DeLauro Inglis (SC) Van Hollen Edwards Matsui Napolitano Sabo ´ Solis Bean DeLay Inslee Velazquez Ehlers McCarthy Neal (MA) Salazar Visclosky Emanuel McCollum (MN) Spratt Beauprez Dent Israel Neugebauer Sa´ nchez, Linda Stark Becerra Diaz-Balart, L. Issa Walden (OR) Engel McGovern Ney T. Walsh Eshoo McKinney Strickland Berkley Diaz-Balart, M. Istook Northup Sanchez, Loretta Wamp Etheridge McNulty Stupak Berman Dicks Jackson (IL) Norwood Sanders Wasserman Evans Meehan Tauscher Berry Dingell Jackson-Lee Nunes Saxton Schultz Farr Meek (FL) Thomas Biggert Doggett (TX) Nussle Schakowsky Waters Fattah Meeks (NY) Thompson (CA) Bilirakis Doolittle Jefferson Obey Schiff Watson Ferguson Melancon Thompson (MS) Bishop (GA) Doyle Jenkins Olver Schwartz (PA) Watt Filner Menendez Tierney Bishop (NY) Drake Jindal Ortiz Schwarz (MI) Flake Michaud Towns Bishop (UT) Dreier Johnson (CT) Osborne Scott (GA) Waxman Foley Millender- Udall (CO) Blackburn Edwards Johnson (IL) Otter Scott (VA) Weiner Ford McDonald Udall (NM) Blumenauer Ehlers Johnson, E. B. Owens Sensenbrenner Weldon (FL) Frank (MA) Miller (NC) Van Hollen Blunt Emanuel Johnson, Sam Oxley Serrano Weldon (PA) Gilchrest Miller, George Vela´ zquez Boehlert Emerson Jones (NC) Pallone Shadegg Weller Gonzalez Mollohan Visclosky Boehner Engel Jones (OH) Pascrell Shaw Westmoreland Gordon Moore (KS) Walsh Bonilla English (PA) Kanjorski Pastor Shays Wexler Green, Al Moore (WI) Wasserman Bonner Eshoo Kaptur Payne Sherman Wicker Green, Gene Moran (VA) Schultz Boozman Etheridge Keller Pearce Sherwood Wilson (NM) Grijalva Murtha Watson Boren Evans Kelly Pelosi Shimkus Wilson (SC) Gutierrez Nadler Watt Boswell Everett Kennedy (MN) Pence Shuster Wolf Harman Napolitano Waxman Boucher Farr Kennedy (RI) Peterson (MN) Simmons Woolsey Hastings (FL) Neal (MA) Weiner Boustany Fattah Kildee Peterson (PA) Simpson Wu Herseth Obey Weller Boyd Feeney Kilpatrick (MI) Petri Skelton Wynn Higgins Olver Wexler Bradley (NH) Ferguson Kind Pickering Slaughter Young (AK) Hinojosa Ortiz Wilson (NM) Brady (PA) Filner King (IA) Pitts Smith (NJ) Young (FL) Holden Owens Woolsey Brady (TX) Fitzpatrick (PA) King (NY) Holt Pallone Wu Brown (OH) Foley Kingston NAYS—7 Honda Pascrell Wynn Brown (SC) Forbes Kirk Hooley Pastor Young (AK) Brown, Corrine Ford Kline Cooper Hefley Paul Brown-Waite, Fortenberry Knollenberg Duncan Matheson NOT VOTING—7 Ginny Fossella Kolbe Flake Miller (FL) Bono McDermott Waters Burgess Foxx Kucinich Cuellar Oberstar Burton (IN) Frank (MA) Kuhl (NY) NOT VOTING—8 Butterfield Franks (AZ) LaHood Hinchey Sessions Barton (TX) Delahunt Sessions Buyer Frelinghuysen Langevin Bono Lee Whitfield ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Calvert Gallegly Lantos Cuellar Oberstar The SPEAKER pro tempore (Mr. Camp Garrett (NJ) Larsen (WA) Cannon Gerlach Larson (CT) FOLEY) (during the vote). Members are Cantor Gibbons Latham ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE advised there are 2 minutes remaining Capito Gilchrest LaTourette The SPEAKER pro tempore (Mr. in this vote. Capps Gillmor Leach Capuano Gingrey Levin FOLEY) (during the vote). Members are b 1547 Cardin Gohmert Lewis (CA) advised that there are 2 minutes re- Cardoza Gonzalez Lewis (GA) Mr. UDALL of Colorado changed his Carnahan Goode Lewis (KY) maining in this vote. vote from ‘‘aye’’ to ‘‘no.’’ Carson Goodlatte Linder So the amendment was agreed to. Carter Gordon Lipinski b 1603 The result of the vote was announced Case Granger LoBiondo Castle Graves Lofgren, Zoe as above recorded. Chabot Green (WI) Lowey Mr. TANCREDO changed his vote Stated for: Chandler Green, Al Lucas from ‘‘nay’’ to ‘‘yea.’’ Chocola Green, Gene Lungren, Daniel Mr. FOLEY. Mr. Speaker, on rollcall No. So the bill was passed. 267, the King of Iowa Amendment, I inadvert- Clay Grijalva E. Cleaver Gutierrez Lynch The result of the vote was announced ently voted ‘‘no’’. I meant to vote ‘‘aye.’’ Clyburn Gutknecht Mack The SPEAKER pro tempore. The Coble Hall Maloney as above recorded. question is on the engrossment and Cole (OK) Harman Manzullo A motion to reconsider was laid on Conaway Harris Marchant third reading of the bill. Conyers Hart Markey the table. The bill was ordered to be engrossed Costa Hastings (FL) Marshall Stated for: and read a third time, and was read the Costello Hastings (WA) Matsui third time. Cox Hayes McCarthy Mr. BARTON of Texas. Mr. Speaker, on roll- Cramer Hayworth McCaul (TX) The SPEAKER pro tempore. The Crenshaw Hensarling McCollum (MN) call No. 268 I was unavoidably detained. Had question is on the passage of the bill. Crowley Herger McCotter I been present, I would have voted ‘‘yea.’’ June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4607 PROVIDING FOR CONSIDERATION Weller Wicker Wolf PROVIDING FOR CONSIDERATION Westmoreland Wilson (NM) Young (AK) OF H.R. 2863, DEPARTMENT OF Whitfield Wilson (SC) Young (FL) OF H.R. 2745, HENRY J. HYDE DEFENSE APPROPRIATIONS ACT, UNITED NATIONS REFORM ACT 2006 NAYS—200 OF 2005 The SPEAKER pro tempore. The Abercrombie Green, Al Napolitano Mr. BISHOP of Utah. Madam Speak- Ackerman Green, Gene Neal (MA) er, by direction of the Committee on pending business is the vote on order- Allen Grijalva Obey ing the previous question on House Andrews Gutierrez Olver Rules, I call up House Resolution 319 Resolution 315 on which the yeas and Baca Harman Ortiz and ask for its immediate consider- nays were ordered. Baird Hastings (FL) Owens ation. Baldwin Herseth Pallone The Clerk read the resolution, as fol- The Clerk read the title of the resolu- Barrow Higgins Pascrell tion. Bean Hinchey Pastor lows: Becerra Hinojosa Payne H. RES. 319 The SPEAKER pro tempore. The Berkley Holden Pelosi Resolved, That at any time after the adop- question is on ordering the previous Berman Holt Peterson (MN) tion of this resolution the Speaker may, pur- question. Berry Honda Pomeroy Bishop (GA) Hooley Price (NC) suant to clause 2(b) of rule XVIII, declare the This will be a 5-minute vote. Bishop (NY) Hostettler Rahall House resolved into the Committee of the The vote was taken by electronic de- Blumenauer Hoyer Rangel Whole House on the state of the Union for vice, and there were—yeas 223, nays Boren Inslee Reyes consideration of the bill (H.R. 2745) to reform Boswell Israel Ross 200, not voting 10, as follows: the United Nations, and for other purposes. Boucher Jackson (IL) Rothman The first reading of the bill shall be dis- [Roll No. 269] Boyd Jackson-Lee Roybal-Allard pensed with. All points of order against con- Brady (PA) (TX) Ruppersberger sideration of the bill are waived. General de- YEAS—223 Brown (OH) Jefferson Rush bate shall be confined to the bill and shall Aderholt Garrett (NJ) Murphy Brown, Corrine Johnson, E. B. Ryan (OH) Akin Gerlach Musgrave Butterfield Kanjorski Sabo not exceed 20 minutes equally divided and Alexander Gibbons Myrick Capps Kaptur Salazar controlled by the chairman and ranking mi- Bachus Gilchrest Neugebauer Capuano Kildee Sa´ nchez, Linda nority member of the Committee on Inter- Baker Gillmor Ney Cardin Kilpatrick (MI) T. national Relations. After general debate the Barrett (SC) Gingrey Northup Cardoza Kind Sanchez, Loretta bill shall be considered for amendment under Bartlett (MD) Gohmert Norwood Carnahan Kucinich Sanders the five-minute rule. Carson Langevin Schakowsky Barton (TX) Goode Nunes SEC. 2. (a) It shall be in order to consider Bass Goodlatte Nussle Case Lantos Schiff Chandler Larsen (WA) Schwartz (PA) as an original bill for the purpose of amend- Beauprez Graves Osborne ment under the five-minute rule the amend- Biggert Green (WI) Otter Clay Larson (CT) Scott (GA) Bilirakis Gutknecht Oxley Cleaver Lee Scott (VA) ment in the nature of a substitute rec- Bishop (UT) Hall Paul Clyburn Levin Serrano ommended by the Committee on Inter- Blackburn Harris Pearce Conyers Lewis (GA) Sherman national Relations now printed in the bill. Blunt Hart Pence Cooper Lipinski Skelton The committee amendment in the nature of Boehlert Hastings (WA) Peterson (PA) Costa Lofgren, Zoe Slaughter a substitute shall be considered as read. All Boehner Hayes Petri Costello Lowey Smith (WA) points of order against the committee Cramer Lynch Snyder Bonilla Hayworth Pickering amendment in the nature of a substitute are Bonner Hefley Pitts Crowley Maloney Solis Boozman Hensarling Platts Cummings Markey Spratt waived. Boustany Herger Poe Davis (AL) Marshall Stark (b) Notwithstanding clause 11 of rule Bradley (NH) Hobson Pombo Davis (CA) Matheson Strickland XVIII, no amendment to the committee Brady (TX) Hoekstra Porter Davis (FL) Matsui Stupak amendment in the nature of a substitute Brown (SC) Hulshof Price (GA) Davis (IL) McCarthy Tanner shall be in order except those printed in the Brown-Waite, Hunter Pryce (OH) Davis (TN) McCollum (MN) Tauscher report of the Committee on Rules accom- Ginny Hyde Putnam DeFazio McDermott Taylor (MS) panying this resolution and amendments en DeGette McGovern Thompson (CA) Burgess Inglis (SC) Radanovich bloc described in section 3 of this resolution. Burton (IN) Issa Ramstad Delahunt McIntyre Thompson (MS) DeLauro McKinney Tierney (c) Each amendment printed in the report Buyer Istook Regula of the Committee on Rules shall be consid- Calvert Jenkins Rehberg Dicks McNulty Towns Camp Jindal Reichert Dingell Meehan Udall (CO) ered only in the order printed in the report, Cannon Johnson (CT) Renzi Doggett Meek (FL) Udall (NM) may be offered only by a Member designated Cantor Johnson (IL) Reynolds Doyle Meeks (NY) Van Hollen in the report, shall be considered as read, Capito Johnson, Sam Rogers (AL) Edwards Melancon Vela´ zquez shall be debatable for the time specified in Carter Jones (NC) Rogers (KY) Emanuel Menendez Visclosky the report equally divided and controlled by Castle Keller Rogers (MI) Engel Michaud Wasserman the proponent and an opponent, shall not be Chabot Kelly Rohrabacher Eshoo Millender- Schultz Etheridge McDonald Waters subject to amendment, and shall not be sub- Chocola Kennedy (MN) Ros-Lehtinen ject to a demand for division of the question Coble King (IA) Royce Evans Miller (NC) Watson Cole (OK) King (NY) Ryan (WI) Farr Miller, George Watt in the House or in the Committee of the Conaway Kingston Ryun (KS) Fattah Mollohan Waxman Whole. Cox Kirk Saxton Filner Moore (KS) Weiner (d) All points of order against amendments Crenshaw Kline Schwarz (MI) Ford Moore (WI) Wexler printed in the report of the Committee on Cubin Knollenberg Sensenbrenner Frank (MA) Moran (VA) Woolsey Rules or amendments en bloc described in Culberson Kolbe Shadegg Gonzalez Murtha Wu section 3 of this resolution are waived. Cunningham Kuhl (NY) Shaw Gordon Nadler Wynn (e)(1) Consideration of amendments printed Davis (KY) LaHood Shays in subpart A of part 1 of the report of the NOT VOTING—10 Davis, Jo Ann Latham Sherwood Committee on Rules shall begin with an ad- Deal (GA) LaTourette Shimkus Bono Granger Sessions DeLay Leach Shuster ditional period of general debate, which shall Cuellar Jones (OH) Thomas be confined to the subject of accountability Dent Lewis (CA) Simmons Davis, Tom Kennedy (RI) Diaz-Balart, L. Lewis (KY) Simpson English (PA) Oberstar of the United Nations and shall not exceed 20 Diaz-Balart, M. Linder Smith (NJ) minutes equally divided and controlled by Doolittle LoBiondo Smith (TX) the chairman and ranking minority member Drake Lucas Sodrel b 1612 of the Committee on International Rela- Dreier Lungren, Daniel Souder tions. Duncan E. Stearns Ms. HARMAN changed her vote from (2) Consideration of amendments printed in Ehlers Mack Sullivan Emerson Manzullo Sweeney ‘‘yea’’ to ‘‘nay.’’ subpart B of part 1 of the report of the Com- Everett Marchant Tancredo So the previous question was ordered. mittee on Rules shall begin with an addi- Feeney McCaul (TX) Taylor (NC) tional period of general debate, which shall Ferguson McCotter Terry The result of the vote was announced be confined to the subject of United Nations Fitzpatrick (PA) McCrery Thornberry as above recorded. peacekeeping operations and shall not ex- Flake McHenry Tiahrt ceed 10 minutes equally divided and con- Foley McHugh Tiberi The SPEAKER pro tempore (Mrs. trolled by the chairman and ranking minor- Forbes McKeon Turner BIGGERT). The question is on the reso- ity member of the Committee on Inter- Fortenberry McMorris Upton lution. Fossella Mica Walden (OR) national Relations. Foxx Miller (FL) Walsh The resolution was agreed to. (3) Consideration of amendments printed in Franks (AZ) Miller (MI) Wamp subpart C of part 1 of the report of the Com- Frelinghuysen Miller, Gary Weldon (FL) A motion to reconsider was laid upon mittee on Rules shall begin with an addi- Gallegly Moran (KS) Weldon (PA) the table. tional period of general debate, which shall H4608 CONGRESSIONAL RECORD — HOUSE June 16, 2005 be confined to the subject of the Inter- cluding an amendment in the nature of there can be no doubt as to the under- national Atomic Energy Agency and shall a substitute offered by the minority. lying need of this penalty phase. That not exceed 10 minutes equally divided and The rule provides for the offering of is telling. controlled by the chairman and ranking mi- the 28 specified amendments according To put it in a nutshell, Madam nority member of the Committee on Inter- national Relations. to subject areas as designated in the Speaker, this legislation is long over- (4) Consideration of amendments printed in text of the resolution, and with a cu- due. It would require 39 very specific subpart D of part 1 of the report of the Com- mulative total of an hour and 40 min- reforms within the areas of U.N. budg- mittee on Rules shall begin with an addi- utes of general debate to be divided eting, oversight, accountability, and tional period of general debate, which shall equally by the chairman and ranking human rights. It provides clarity and a be confined to the subject of human rights minority member of the Committee on reasonable timetable under which the and shall not exceed 20 minutes equally di- International Relations. U.N. must act. With the U.S. footing vided and controlled by the chairman and Madam Speaker, I am pleased to the largest share of dues of any Nation, ranking minority member of the Committee stand before the House today in strong on International Relations. a share consistent with our voice, this (5) Consideration of amendments printed in support of this rule and the underlying act should provide some real teeth and subpart E of part 1 of the report of the Com- legislation, H.R. 2745, the Henry J. real incentives to get the job done. To mittee on Rules shall begin with an addi- Hyde United Nations Reform Act of not require such withholdings would tional period of general debate, which shall 2005. Madam Speaker, with 28 amend- only create a paper tiger. be confined to the subject of the Oil-for-Food ments in order, to poorly paraphrase As an old teacher, I learned that I Program and shall not exceed 20 minutes Winston Churchill, never will so much never made a threat that I was not equally divided and controlled by the chair- be said by so many about so little, in willing to carry out. If students ever man and ranking minority member of the this case, just a single subject act. thought I was not seriously going to Committee on International Relations. It is fitting, though, Madam Speaker, SEC. 3. It shall be in order at any time for follow through on my disciplinary com- the chairman of the Committee on Inter- that this bill be named after our es- mitments, I would lose all credibility national Relations or his designee to offer teemed colleague to my right, the gen- and lose both the respect and the co- amendments en bloc consisting of amend- tleman from Illinois (Chairman HYDE), operation of the kids. It would create ments printed in part 2 of the report of the who has served and is serving with such an atmosphere of weakness and chaos. Committee on Rules not earlier disposed of distinction and integrity and has been No learning would take place. Such an or germane modifications of any such a stalwart in these halls for the past 30 atmosphere of distrust cannot be part amendment. Amendments en bloc offered years. He is to be commended for put- of our foreign policy. We have seen pursuant to this section shall be considered as read (except that modifications shall be ting together a well-thought-out, com- that too often, and such a potential reported), shall be debatable for 20 minutes prehensive measure aimed at helping cannot be ignored. equally divided and controlled by the chair- to bring about real and needed reforms There are indeed precedents for what man and ranking minority member of the within the United Nations. we are trying to do both in the 1980s Committee on International Relations or I commend also the gentleman from and 1990s when actions by Congress en- their designees, shall not be subject to California (Mr. LANTOS), the ranking sured change within the United Na- amendment, and shall not be subject to a de- member, as well for the long-standing tions. mand for division of the question in the cooperation and dedication to biparti- It is regrettable, Madam Speaker, House or in the Committee of the Whole. For sanship in the area of U.S. policy and that this bill is even necessary. It is re- the purpose of inclusion in such amendments en bloc, an amendment printed in the form diplomacy which is evident in many grettable that the United Nations of a motion to strike may be modified to the important aspects of this legislation. would not undertake to clean up its form of a germane perfecting amendment to In fact, Madam Speaker, when these own act in the wake of the oil-for-food the text originally proposed to be stricken. two distinguished gentlemen were tes- scandal, irregularities in the account- The original proponent of an amendment in- tifying before the Committee on Rules ing and uses of its funds, misconduct cluded in such amendments en bloc may in- on this bill, I was struck by the fact by entrenched U.N. bureaucrats, and sert a statement in the Congressional Record that the House, and indeed the entire the deplorable state of the U.N. Com- immediately before the disposition of the Nation, is the beneficiary of decades’ mission on Human Rights. amendments en bloc. worth of their collective wisdom and We all witnessed the appalling lack SEC. 4. At the conclusion of consideration of the bill for amendment the Committee firsthand experience. of resolve and consistency in the U.N. shall rise and report the bill to the House We spent the last few weeks dis- when it failed to live up to and enforce with such amendments as may have been cussing DOD authorization and appro- the 17 different resolutions condemning adopted. Any Member may demand a sepa- priations, Interior, State and Justice Saddam Hussein’s murderous regime. rate vote in the House on any amendment appropriations, and these acts have a When I am at home in my district, adopted in the Committee of the Whole to wide range of topics and generated a some of my constituents will say to me the bill or to the committee amendment in multitude of amendments. This spe- that we ought to pull out of the United the nature of a substitute. The previous cific act has generated 28 potential Nations entirely. It is hard to argue question shall be considered as ordered on the bill and amendments thereto to final amendments on a single topic, and, with many of them who say that the passage without intervening motion except Madam Speaker, I know my colleagues U.N. is merely a haven for corruption, one motion to recommit with or without in- are going to love listening to all 28 of waste and, frankly, anti-Americanism. structions. those amendments, but let that not We must do all we can to try and rec- overshadow the reality of this bill. tify all these problems, and to not act 1615 b This bill is unusual in the bipartisan would indeed be irresponsible. The SPEAKER pro tempore (Mrs. unity of the content. When it comes to This act sends an unmistakably clear BIGGERT). The gentleman from Utah the issue of United Nations reform, I message that specific reforms must be (Mr. BISHOP) is recognized for 1 hour. was also impressed that both gentle- enacted or face real consequences. If Mr. BISHOP of Utah. Mr. Speaker, men, the gentleman from Illinois these reforms are not enacted, the fu- for the purpose of debate only, I yield (Chairman HYDE) and the gentleman ture looks bleak and will only increase the customary 30 minutes to the gen- from California (Ranking Member LAN- the calls to replace the United Nations tleman from Florida (Mr. HASTINGS), TOS), seemed to be of one mind when it with a more updated handling of inter- pending which I yield myself such time relates to the necessity for reforms in national disputes. as I may consume. During consider- the wake of continued scandals within In conclusion, Madam Speaker, this ation of this resolution, all time yield- various United Nations functions. rule is a good and fair rule. It made ed is for the purpose of debate only. There was also a unique, bipartisan every single amendment in order, all This resolution waives all points of unity in supporting the need for a pen- 28, which were filed before the Com- order against consideration of the bill alty to follow failure of reform. There mittee on Rules. In short, the only H.R. 2745, the Henry J. Hyde United is a small disagreement on who should complaint that one may have with this Nations Reform Act of 2005, and pro- trigger that penalty, which differences rule is that is may be somewhat par- vides a structured rule for consider- I know my colleagues on the other side simonious in its general debate, and we ation of 28 different amendments, in- of the aisle will bring forward, but will provide in those 28 amendments a June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4609 long and wide-ranging debate of all of whole basis of the United Nations is United Nations. It includes virtually these important issues. the right of all nations, great or small, all of the reforms in H.R. 2745, with one With that, Madam Speaker, I urge to have weight, to have a vote, to be crucial difference. The substitute gives adoption of this rule. attended to.’’ Now, more than 40 years the Secretary of State the flexibility Madam Speaker, I reserve the bal- later, the underlying legislation seeks to make decisions regarding funds ance of my time. to eliminate the right of any country based on the needs of the United Mr. HASTINGS of Florida. Madam besides our own to chart the future of States. The substitute avoids the coun- Speaker, I yield myself 7 minutes, and the United Nations. terproductive all-or-nothing diplomacy I thank the gentleman from Utah (Mr. The only way for us to reform the of this measure, while still promoting BISHOP) for yielding me the time. U.N. is to work within it rather than the reforms everyone agrees are need- Let me quote, this would undermine threatening to take our ball and go ed. American credibility at the United Na- home. We will not be successful by Madam Speaker, legislating unreal- tions. It would undermine our effec- withholding the funds that are needed istic ultimatums will not achieve the tiveness. Those are the words of the to do the job. goal that we are seeking. I urge my distinguished Under Secretary of State Thanks to the Bush administration, colleagues to oppose this ill-advised Nicholas Burns, who said of the bill the United States’ international rep- and shortsighted legislation. that we are considering, it will call utation as a peace-loving Nation is in Madam Speaker, I reserve the bal- into question our reliability as the tatters. Now my friends on the other ance of my time. founder and host Nation and leading side want to pass a bill which will Mr. BISHOP of Utah. Madam Speak- contributor to the United Nations and withhold peacekeeping funds while er, I yield 1 minute to the distin- would also harm our image worldwide. conflicts rage around this world un- guished gentleman from Illinois (Mr. My colleague from Utah pointed to checked? This is irresponsible, im- HYDE), the chairman of the Committee the bipartisanship. I gather that he moral and a foreign policy disaster. on International Relations. would agree that it is bipartisan when Everyone in this body realizes that (Mr. HYDE asked and was given per- Nicholas Burns and ALCEE HASTINGS the United Nations is not a perfect or- mission to revise and extend his re- and other Democrats and this adminis- ganization, but on balance, the United marks.) tration join in opposing this measure. Nations has been and will continue to Mr. HYDE. Madam Speaker, I want In my opinion, this bill takes a short- be good for America on a range of glob- sighted approach to reforming the to respond to my friend from Florida al issues. that the language that substitutes for United Nations. There are decent, nec- Let us not forget the thousands of debate around here is troublesome. essary and desirable provisions in this United Nations personnel who risked Demagogic, I heard the gentleman say. legislation, but, Madam Speaker, this their lives in Iraq and Afghanistan to Immoral, gun-boat diplomacy, con- bill takes well-thought-out ideas and bring about successful and free elec- tempt for the U.N. None of those in- pushes them far into the realm of dem- tions in those countries or the role of flammatory terms, in my judgment, agoguery, demonstrating a contempt the U.N. in effecting the withdrawal of apply to this debate. for the United Nations that is entirely Syrian military forces from Lebanon. unfounded. And I suggest that we can disagree as The United Nations Reform Act is b 1630 to the one issue, and that is how to en- yet another example of the majority’s In March of 2005, Secretary-General force the reforms we all agree are need- willingness to bulldoze over dissension Annan released a string of initiatives ed, without calling each other names and force its will upon those who would to combat terrorism, proposals that or disparaging our motives. otherwise disagree. The draconian re- the United States Government has Mr. HASTINGS of Florida. Madam quirements of the underlying legisla- openly supported. And in the Sudan, Speaker, will the gentleman yield? tion will affect everything from the the U.N. has committed aid workers, Mr. HYDE. I yield to the gentleman promotion of human rights in the orga- troops, police, and money to ensure the from Florida. nization to the inclusion of mandatory success of peace accords. Mr. HASTINGS of Florida. I thank sunset provisions for all new U.N. pro- The U.N. also continues to provide a the chairman, and I agree with him re- grams. global voice and to be a powerful advo- garding our rhetoric. When I made my The most shortsighted of the bill’s cate for change around the world. How references I was referring to the Bush provisions would require a mandatory many millions of children’s lives have administration and not to the distin- withholding of peacekeeping funds un- been saved through UNICEF, Madam guished chairman and other Members less the requirements in this legisla- Speaker? How many millions of lives in the body. And I stand by those state- tion are met. have been saved through disease treat- ments, Mr. Chairman. Madam Speaker, simply put, prohib- ment and eradication programs? How Mr. HYDE. Well, reclaiming my time, iting the Secretary of State from exer- many have been made better through Madam Speaker, I thank the gen- cising discretion regarding the with- development assistance, cultural pro- tleman, but the Bush administration is holding of funds to the United Nations grams, and advances in education? Can on your side, not mine, this time. is counterproductive. The Secretary we really justify cutting off our sup- Mr. HASTINGS of Florida. Madam herself told a group here in the Capitol port for all these efforts simply be- Speaker, I yield 4 minutes to the dis- day before yesterday that the Bush ad- cause the U.N. does not implement tinguished gentlewoman from Cali- ministration is not supporting the every single one of our reform pro- fornia (Ms. MATSUI), my colleague on mandatory withholdings contained in posals? the Committee on Rules. this bill. It seems clear that if even Madam Speaker, that is the reason I (Ms. MATSUI asked and was given this administration, which has never will be supporting the Lantos-Shays permission to revise and extend her re- been reluctant to withhold criticism of substitute to this bill. Eleanor Roo- marks.) the U.N., is against this provision, then sevelt, our country’s first representa- Ms. MATSUI. Madam Speaker, I it must be bad. tive to the United Nations, remarked, thank the gentleman from Florida for It has become a cliche when Members ‘‘Do what you feel in your heart to be yielding me this time. of the House speak repeatedly about right, for you will be criticized any- Madam Speaker, the second Sec- winning the hearts and minds of the way.’’ It may be that the United States retary-General of the United Nations, world; yet our constant use of gun-bar- will still be criticized even if we adopt Dag Hammarskjold, commented during rel diplomacy continues to fail. Do my the substitute and these reforms are his tenure that ‘‘the United Nations colleagues really believe that with- pushed through. But I would rather do was not created to take humanity to holding millions of dollars from the the right thing and be criticized than heaven but save it from hell.’’ A keen United Nations will encourage the give up and go home because things did observation on the fundamental ten- member nations to go along with what not go 100 percent of the way that we sions present in such a massive and we are trying to do today? wanted it to. massively important institution. Adlai Stevenson, that great cham- The Lantos-Shays substitute takes a The U.N. was built upon the very pion of world diplomacy, said, ‘‘The realistic approach to reforming the highest of ideals: support for human H4610 CONGRESSIONAL RECORD — HOUSE June 16, 2005 rights, peaceful resolution of conflict, There are a lot of areas that this leg- This is a true slap in the face to the United and respect for international law and islation deals with, whether it is cro- States. After all, we are going to contribute 22 conventions. However, the reality of nyism, corruption, or financial mis- percent of the U.N.’s general budget and 28 the U.N.’s composition of 191 member management. But I just want to stress percent of its peacekeeping budget this year. states, often with 191 different national one that relates to budgetary reform This means a funding request for Fiscal Year interests, has challenged these high and the way that people vote on that. 2006 of $439 million by President Bush. The ideals. We all know that. Right now, the United States con- top 10 contributors of U.N. dues account for Many are examining how to meet tributes about 22 percent of the general more than 76 percent of all dues paid while these challenges and improve the budget of the United Nations and 28 the 128 countries with the lowest dues ac- weaknesses of the organization: the percent of the peacekeeping budget. If count for less than 1 percent of dues paid. Secretary-General’s report, the U.N. you take the last 128 nations that con- However, among the 192 member countries, High Level Advisory Panel, the tribute dues, if you put all their dues everyone’s vote is worth the same. Imagine Volcker Commission Investigation, the together, that adds up to less than 1 this scenario: parents agreeing to fund the Mitchell-Gingrich report. And each of percent; yet they have the same vote. family vacation, but allowing the children to them, in addition to the bill we are de- Those 128 nations have the same vote dictate where the family goes, what hotel they bating today, is circling around the as the United States. In fact, if you stay at, and what activities they do. That’s same group of reforms. But the central take the top three countries, they con- what is happening at the U.N. right now and debate here on the House floor is not tribute over half the dues, and yet ev- that is why we need to support the Hyde Bill. about what the reforms should be. erybody has the same vote on budg- H.R. 2745 calls for weighted voting on Madam Speaker, the debate here is how etary matters. budgetary matters. Weighted voting on budg- you sell them. Imagine a family, if you will, where etary matters would give the U.N.’s biggest There are 191 individual members of the dad goes out and works all year contributors more leverage to ensure that their the organization that must agree on and provides income for his family. money is achieving the purposes for which it the reforms, sometimes unanimously, And at the time to decide how to spend is intended. Weighted voting would encourage if we are to make the U.N. an even bet- it, the four kids get up and say, this is other countries to increase their contribution to ter organization than it already is. And what we want to do, this is where we the organization. this is where I diverge from some of my want to go on our vacation, this is The State Department said the U.S. paid colleagues. what hotel we want to stay in. Well, nearly $3.9 billion in contributions to the U.N. I share the views of the eight former that is the way the United Nations system in 2004. And who knows where that U.S. ambassadors to the United Na- works, and that is why we need the money went? Some of it likely went to fund tions. I do not believe harsh, automatic Henry Hyde U.N. Reform Act we are patronage jobs of which the U.N. has many. penalties hold any chance of garnering considering today. Between full-time employees and contract support among the many nations need- One of the reforms in this act would workers, the U.N. employs almost 43,000 peo- ed to enact these reforms. I must note say that when you vote on budgetary ple. Let me put that in perspective: 43,000 that their experience spans each of the matters, then you weight those votes. workers is more than five times more the total five Presidencies, from Jimmy Carter That would do two things: number one, employed by eBay, a company worth almost to George W. Bush. We should be heed- it would mean that the countries that $52 billion. Another kicker: total U.N. employ- ing their sage advice. contribute the most money would have ment is nearly one third greater than that of For this reason, I support the Lantos- more leverage in making sure that the Anheuser-Busch, another multi-billion dollar Shays substitute, which authorizes the money gets spent where it is supposed company. Secretary of State to withhold a por- to be spent and in making sure that As elected officials, we have an obligation to tion of our U.N. dues at his or her dis- they get the results they want to get. be good stewards of the taxpayers’ money. It cretion instead of the severe automatic is our responsibility to bring reform to the And it also would encourage some of penalties. U.N.’s haphazard budget practices and the the other countries to contribute more We should not advocate a policy of Henry Hyde U.N. Reform Act of 2005 is a step money to the dues of the United Na- withdrawal from the world community toward accomplishing that goal. The American tions. on the one hand and ask for it to en- people deserve nothing less. gage on the other. But H.R. 2745 would One of the areas we often hear criti- Madam Speaker, I urge adoption of stir up exactly that resentment in its cized is this area of cronyism. It is un- the rule and the underlying bill. current form, resentment that will kill believable, but the United Nations, if Mr. HASTINGS of Florida. Madam any hope for change. you count the full-time and the con- Speaker, I am very pleased to yield 8 In closing, Madam Speaker, the tract employees, they have over 43,000 minutes to my very good friend, the United Nations has a genuine oppor- employees. To put that in perspective, gentleman from California (Mr. LAN- tunity to reform and, with our leader- a lot of multibillion dollar corpora- TOS), the distinguished ranking mem- ship, the potential for great success. tions do not have that many employ- ber of the Committee on International We must add to this momentum by ees. Ebay, people have heard of that, is Relations. supporting the Lantos-Shays sub- a company worth $52 billion, and the Mr. LANTOS. Madam Speaker, I stitute. United Nations has five times as many thank the gentleman for yielding me Mr. BISHOP of Utah. Madam Speak- employees as they have. Anheiser this time. First, I want to thank my er, I am pleased to yield 3 minutes to Busch, which makes and sells beer friend from Utah for his most gracious the gentleman from Florida (Mr. around the world, the U.N. has a third words at the outset of this debate, and CRENSHAW). more employees than they have. I would like to commend my distin- Mr. CRENSHAW. I thank the gen- So I think it is time that we got a guished colleague, the gentleman from tleman for yielding me this time, handle on how the money that Amer- Florida (Mr. HASTINGS), for his leader- Madam Speaker; and I rise in strong ican taxpayers send off to the United ship on foreign policy matters and for support of this rule. Nations gets spent, and this haphazard his invaluable assistance on the Com- I think that the underlying legisla- budgetary process can be changed by mittee on Rules. tion is much needed and long overdue. weighted voting. Madam Speaker, as we embark upon I have been working to help reform the There is no doubt in my mind that the time today’s historic debate, at the outset I United Nations since I first came to is now for reform at the U.N. This organization would like to publicly express my re- Congress, and I have not found any- has become a shadow of its former self and spect, my admiration, my affection, body yet that disagrees with the fact likely bears little resemblance to what its and my friendship to the chairman of that we very, very direly need to re- founders had envisioned. Amid charges of cro- the House Committee on International form the United Nations. This once- nyism, corruption, and financial scandal in re- Relations. The gentleman from Illinois utopian organization has degenerated cent months, the relevance and reputation of (Mr. HYDE) has been a giant in this into an institution that is largely dys- the United Nations has deteriorated drastically. body for many years. His contributions functional and on the verge of becom- What’s more, the U.N. appears to engage in to the work of the Congress and to the ing irrelevant, and that is why we need anti-American sentiment for sport, promoting it welfare of our Nation are without lim- these reforms and we need them now. around the globe. its, and it has been one of the great June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4611 privileges of my congressional career Madam Speaker, my Republican col- ice to nominal efforts to reform itself, to have had the opportunity of serving league, the gentleman from Con- and the few times that those promises on his committee. necticut (Mr. SHAYS), and I will offer a have been kept, it is when the United Madam Speaker, let me make it clear substitute amendment to promote U.N. States has leveraged its financial sup- that there is no Member of this body reform effectively. Our substitute, port for the organization and its spe- who is opposed to far-reaching reforms which is rational, responsible and bi- cialized agencies. at the United Nations. We must ap- partisan, does not have the rigid and For this reason, the Henry Hyde U.N. prove legislation to fight corruption, arbitrary dictate that automatically Reform Act of 2005 mandates spending hypocrisy, ineffectiveness, waste, and cuts 50 percent of our dues. This provi- cuts in specific programs, redirects anti-Americanism at this important sion makes the bill, which has many funds to priority areas, and, yes, with- global institution. There is no dis- good provisions in it, a guillotine on holds 50 percent of U.S.-assessed dues if agreement, Madam Speaker, between autopilot. I urge all of my colleagues certifications are not made in critical Chairman HYDE and me as to whether to vote for the Lantos-Shays sub- areas. Those commandments must be the U.N. must be reformed. Where we stitute. adhered to. part ways is on how to accomplish this Mr. BISHOP of Utah. Madam Speak- If we are serious about making the incredibly important goal. er, I yield 4 minutes to the gentle- United Nations relevant again, and I Madam Speaker, the good Lord gave woman from Florida (Ms. ROS- think in a bipartisan way we are, if we us Ten Commandments. The legislation LEHTINEN), one of the leading voices on are serious about restoring it to reflect before the House today gives us 39. the Committee on International Rela- its core mission, and I think in a bipar- tisan way we are, if we are serious b 1645 tions. Ms. ROS-LEHTINEN. Madam Speak- about saving the United Nations from While I know there has been some in- er, I thank the gentleman for yielding itself, then we must render our over- flation over time, there is no rational me this time. whelming support for the Henry Hyde explanation for such an explosion of We are all sinners even though we U.N. Reform Act of 2005. legislative commandments. have the 10 Commandments, but can I would just like to close by saying The United Nations Reform Act is Members imagine how much more sin that it is very fitting that this bill be- truly a guillotine on autopilot. If the we might be committing had those fore us should have the name of our United Nations accomplishes 38 out of commandments been mere sugges- distinguished chairman of the Com- 39 commandments, but only accom- tions? That is why the Henry Hyde mittee on International Relations, the plishes one-half of the last command- U.N. Reform Act does have command- gentleman from Illinois (Mr. HYDE), ment, the United States will automati- ments that the U.N. should and must who has been the conscience of the cally cut off 50 percent of our contribu- adhere to. I rise in strong support of House, the voice of the people for so tions to the United Nations. Secretary this bill. many years, has had such a distin- of State Rice will have absolutely no On Monday as we were preparing for guished public service career in the choice in the matter. The President of the debate on reforming the United Na- House and led us through some very the United States will have no choice tions, a constituent of mine was at one difficult times as chairman of the Com- in this matter. The Congress will have of the sessions of the Economic and So- mittee on the Judiciary as well as no choice in this matter. cial Council, one of the many United chairman of our Committee on Inter- The bill under consideration is also a Nations bodies, and he was imme- national Relations. I am so pleased death blow to United Nations peace- diately struck by the almost Orwellian that this bill before us, which will re- form this wonderful peacekeeping in- keeping. Upon enactment of this legis- and secretive nature of the pro- stitution, will have his name as part of lation, the United States will be forced ceedings, as well as by the vitriolic, to oppose any new or expanded peace- its reform legislation. anti-American attacks in which the Mr. HASTINGS of Florida. Madam keeping mission until a comprehensive chairman and other members of the series of peacekeeping reforms are im- Speaker, I am pleased to yield 5 min- committee were engaged. utes to the gentleman from Massachu- plemented, many of which we all know My constituent made several obser- setts (Mr. DELAHUNT). will take years to accomplish. Rwanda- vations to me that reaffirmed that Mr. DELAHUNT. Madam Speaker, I style genocides could unfold before our lives, not just policies, are at stake in also want to add to the remarks of the eyes, and the United Nations would our efforts to reform the U.N. institu- gentleman from Florida (Mr. HASTINGS) have to turn its back. tions. This same constituent sent me a and our ranking member, the gen- Madam Speaker, I agree that peace- postcard like this one that reaffirmed tleman from California (Mr. LANTOS), keeping desperately needs reform, but to me the need for this. It had a note when it comes to the gentleman from it boggles the mind to think that this encouraging the Congress to overhaul Illinois (Mr. HYDE). I have served with body would approve legislation which the United Nations, and the picture on the chairman both on the Committee automatically cuts off all U.S. support the postcard is a sculpture of a broken on the Judiciary and on the Committee for U.N. peacekeeping unless congres- world, implying that the United Na- on International Relations. I have pro- sionally mandated commandments are tions is the means by which to fix it. found respect and deep affection for immediately implemented. However, how can the United Nations him, but I do not like his bill. We are not alone, Madam Speaker, in be considered a legitimate source of It is clear that there is a consensus our deep opposition to the United Na- stability or an instrument for the pro- that the United Nations needs reform. tions Reform Act in its current form. tection of the most vulnerable popu- We want reform. Our allies want re- This Republican administration is lations or a tool for the promotion of form. The Secretary General wants re- strongly opposed to this legislation. human rights and good governance form. Just this week a congressionally Under Secretary of State Nicholas when it is plagued with graft and cor- created task force chaired by the Burns said yesterday that this legisla- ruption, when sexual predators and former Speaker of the House Newt tion ‘‘would undermine American traffickers in human beings are part of Gingrich and the former majority lead- credibility at the United Nations and the policing and peacekeeping mission, er Senator George Mitchell issued a re- would call into question our reliability and when the Human Rights Commis- port urging adoption of many of the as the founder and host Nation and sion is a country club of rogue states proposals put forth by the Secretary leading contributor to the United Na- made up of dictators and tyrants and General; but it did not recommend that tions.’’ thugs? Congress withhold dues to serve as a Eight of our former Ambassadors to Reforming the United Nations is nec- catalyst to bring about those reforms. the United Nations, Republicans and essary for its survival, and it is long Presumably, they were in agreement Democrats alike, ranging from Ambas- overdue. However, reform must not be with the eight former U.S. Ambas- sador Jeanne Kirkpatrick to Ambas- limited to rearranging the deck chairs, sadors to the United Nations, both Re- sador Danforth, a former distinguished but instead to correcting the organiza- publican and Democrat, who stated Republican Senator, all oppose this tion’s serious institutional and sys- yesterday in a letter to the congres- legislation. temic flaws. The U.N. has paid lip serv- sional leadership, and I would ask my H4612 CONGRESSIONAL RECORD — HOUSE June 16, 2005 colleagues to pay close attention to Mr. BISHOP of Utah. Mr. Speaker, I needs to put the hammer by using this particular excerpt, ‘‘Withholding yield myself such time as I may con- American taxpayers’ dollars on the U.S. dues to the United Nations may sume. U.N. to clean up that mess over there. sound like smart policy, but would be I love history. In fact, this is not nec- We cannot go on day after day, week counterproductive. It would create re- essarily unprecedented. The Kasse- after week, month after month, year sentment, build animosity and actually baum-Solomon amendment in 1985 after year letting this thing be com- strengthen opponents of reform. It asked for change, and meaningful pletely out of hand. would place in jeopardy the reform ini- change took place. In 1994, we insisted The gentleman talked about the tiatives most important to U.S. inter- on an oversight committee and an Mitchell and Gingrich report. They ests.’’ Remember, these are Americans oversight committee took place. And said that it is a mess over there. How who represented our Nation at the under the bipartisan Helms-Biden ap- do you clean it up? You make a change United Nations. They understand how proach, once again we insisted on from top to bottom. How do you do the institution works. They know how changes with the United Nations. The that when the rest of the world or to get things done. United Nations responded to it. This much of the rest of the world says, Oh, Yes, Madam Speaker, I am optimistic bill is keeping a tradition that is his- my gosh, we don’t want the United that reform will occur, but it will not torical going back for at least 20 years States dictating to us. I can under- happen as a result of this bill, it will in this body. stand that. We are the big guy on the happen in spite of this bill. Mr. Speaker, I yield 31⁄2 minutes to block. They do not want us dictating If it were a thoughtful effort to effect the distinguished gentleman from Indi- to them, and we do not want to dictate change, why did the committee proceed ana (Mr. BURTON). to them. We want to work with them. before the Gingrich-Mitchell task force Mr. BURTON of Indiana. Mr. Speak- But the fact of the matter is they are that we created and funded back in De- er, first of all, let me echo what has not listening in many cases and the cember even made its recommenda- been said about the gentleman from Il- corruption goes on and on and on, the tions? linois (Mr. HYDE). There has never been mismanagement goes on and on and on, No, this bill will not promote U.N. re- a finer Member of Congress in the his- and nothing changes. And the United form, Madam Speaker. It is more like- tory of the Republic than the gen- States keeps pouring in 25 percent, or ly to undermine those efforts. Support tleman from Illinois. He was one of the almost that much, of the funds out of for this bill will reinforce a growing be- most eloquent speakers I have ever the taxpayers’ pockets in this country lief that we are not committed to known in this House. We really appre- for that body. strengthening the United Nations, to ciate all his hard work on this bill. How do you change it? You take out working with our like-minded allies to Now, let me say to my friend from the hammer, and the hammer is the make it a more effective tool to pro- Massachusetts, I have been listening to money. You say to the world body, the mote our interests. this stuff for 20 years. You cannot do United Nations, If you don’t clean up I recognize that some, a few, on the anything to put pressure on the United that mess, we are going to withhold other side honestly believe we should Nations, because if you do, the whole funds. And if we withhold funds, you end any participation, any U.S. partici- world is going to hate us. The sky is pation in the United Nations. They pre- are going to have a big, big problem going to fall, Henny Penny. The State fer to go it alone, but they forget that over there. Department has been working with the Mr. Speaker, the gentleman from without the United Nations it would United Nations for the last 20 years California (Mr. LANTOS) is one of my fall on us to do much of what the that I have been here and working on dearest friends in this place and the United Nations is doing on the planet the Foreign Affairs Committee, Inter- gentleman from Massachusetts is not a today, and that the United Nations has national Relations now. The problems bad friend, either. We have traveled to- supported the United States in some of still exist. The only difference is, it is our critical foreign policy needs. It was gether. I have high regard for him, worse now than it has ever been. the United Nations that organized and even though he is wrong a lot of the We have got to do something about ran the elections in Iraq and in Afghan- time. But I just want to say, something it. Mr. Bolton needs to be confirmed on istan and played a critical role in forc- has to be done. There must be some- the other side because we need a tough ing the Syrian withdrawal from Leb- thing in the water in Massachusetts. I guy over there to force the issue. We anon. do not know. But something has to be The Ambassadors are correct, resent- have got an Oil-for-Food scandal that done. And what has to be done is we ment towards the United States will is growing daily. Kofi Annan, the head have got to put pressure on the U.N. increase. That is because what this bill of the United Nations, the Secretary- and the best way to do it is to say, ei- simply says is unless you do everything General, said, Oh, I didn’t have any- ther you change things over there or we want, we will cut off your funds. In thing to do with it. We now are finding we are going to withdraw funds. other words, if you do not play the memos where he talked to the people Mr. HASTINGS of Florida. Mr. game according to our rules, we will in the oil industry saying that he Speaker, I am pleased and privileged to take our ball and go home. would give them unqualified support. yield 3 minutes to my good friend and This take-it-or-leave-it approach A few months ago, he said, Oh, I classmate, the gentlewoman from Cali- does not help us, it hurts us. A recent never did that, and he said he would fornia (Ms. WOOLSEY). GAO report stated, and again I am never resign under any circumstances. Ms. WOOLSEY. Mr. Speaker, I would quoting, ‘‘Recent polling data show Now he is hedging his bets on that be- like to say a word about the gentleman that anti-Americanism is spreading cause the case against him and the Oil- from Illinois, also. There are probably and deepening around the world. Such for-Food scandal is growing and grow- no two people that are more opposite anti-American sentiments can increase ing and growing. He is the head man than the two of us. I want the gen- foreign public support for terrorism di- over there. On his watch, everything tleman to know, I am going to miss rected against the United States, im- has been going haywire. him when he really does leave the pact the cost and effectiveness of mili- We have got U.N. peacekeeping forces floor. tary operations, weaken the United raping women and kids, and nothing Mr. Speaker, if H.R. 2745 is enacted, States’ ability to align with other na- has been done about that. We have got it will be a huge step backward for tions in pursuit of common policy ob- all kinds of problems over there and women around the world, because it jectives, and dampen foreign publics’ something must be done. How do you would end U.S. funding for CEDAW. enthusiasm for U.S. business services do that? We say, Well, let’s follow the CEDAW is the U.N. Convention on the and products.’’ same course we have been following for Elimination of Discrimination Against the last 20 years. The State Depart- Women, which is the U.N. treaty on the b 1700 ment says, My gosh, we’ll go over there rights of women around the world. That is a quote from our own GAO. and we’ll do something about it. I have CEDAW is a United Nations treaty that This bill is bad for our national secu- high regard for Condoleezza Rice. I supports international standards to rity interests, it is bad for America, think she is a dynamite lady and going discourage sex-based discrimination and I hope it is defeated. to do a dynamite job. But this body and encourages equality in education, June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4613 health care, employment and all other rights body. The U.N. counts some of am a proud original cosponsor of the arenas of public life for all women the world’s leading human rights viola- Henry J. Hyde U.N. Reform Act, and I around the world. This treaty serves as tors and state sponsors of terrorism rise today in support of the rule and a powerful tool for women worldwide as among its membership and even taps with a profound sense of gratitude for they fight against discrimination. It many of them to be in leadership posi- the leadership that my mentor and also leads to substantial improvements tions on its subcommittees. This is friend, HENRY J. HYDE of Illinois, has for women’s lives across the world. outrageous and ironic. provided on this bill and throughout an The impact of CEDAW can be seen in Let us empower our new ambassador illustrious career in this Congress. I countries like Australia where the gov- to the U.N. and the administration also want to commend for what I know ernment cited its treaty obligations in with reforms that have some teeth and will be a vigorous debate that has al- passing national legislation against will effect change. The United Nations’ ready begun the gentleman from Cali- sexual harassment in the workplace reputation of being a credible and ef- fornia (Mr. LANTOS) for his thoughtful based on CEDAW, or in Pakistan where fective international peacekeeping consideration of this bill. education for young women was intro- body has been tarnished. It is no won- One of the extraordinary things duced in primary schools after treaty der so many Americans question the ef- about this debate as it unfolds before ratification in Pakistan, causing sharp ficacy and the very necessity of the the American people, Mr. Speaker, is increases in female enrollment in their United Nations. the degree of agreement between the schools. Mr. Speaker, I rise today in support of this two men that I just mentioned. It is a To date, 170 countries have ratified rule and bill and thank Mr. HYDE for his serv- rare piece of legislation indeed where CEDAW. Sadly, the United States con- ice and this bill. The United Nations Charter there is so much agreement about the tinues to be the only industrialized na- includes some very laudable goals, but when goals. But I believe what will become tion that has not ratified, leaving us in the rubber meets the road, the U.N. has failed apparent to any observer of this debate the company of Afghanistan, North miserably to put these ideals into practice, es- is that we are not so much arguing Korea, and Iran. It is time to abandon pecially in recent years. over the ends as the means, and that is this unfavorable distinction. It is time As a founding member of the U.N. and a a legitimate argument that will be, I to be a world leader and a champion of permanent member of the U.N. Security Coun- believe, a great service to the country. human and women’s rights. We must cil, we have a duty to insist on a higher stand- The United Nations is desperately in ratify CEDAW, and we must do it now. ard. And as Members of Congress, we have need of fundamental reform, and the That is why I urge my colleagues to co- a duty to ensure accountability of each and Henry J. Hyde U.N. Reform Act does sponsor my resolution on CEDAW, H. every American taxpayer dollar that goes to just that. In 1994, staffers at UNICEF’s Kenya Res. 67, to support the Lantos amend- the U.N. office defrauded and squandered up to ment, and to vote against this base bill From the U.N. Oil for Food program to its $10 million by some estimates. In the unless we do something drastically to lack of action with respect to the genocide in Congo last year, U.N. peacekeepers and improve it. Darfur, Sudan to the horrendous human rights civilian personnel stand accused of Mr. BISHOP of Utah. Mr. Speaker, I abuses by U.N. peacekeeping staff during widespread sexual exploitation. And we am pleased to yield 2 minutes to the their mission in the Congo, the U.N. is rife with all know of the $10 billion Oil-for-Food gentlewoman from North Carolina (Ms. fraud and abuse and needs reform. scandal. Both sides agree it is time for FOXX). This bill includes a call for certifiable reforms reform in the wake of years of mis- Ms. FOXX. I thank the gentleman including: Shifting 18 programs from the reg- management and outright scandal. But from Utah (Mr. BISHOP) for yielding me ular assessed budget to voluntary funded pro- I submit humbly that it is time for the time. grams so their funding would not be auto- Mr. Speaker, I rise today in support U.N. reform with teeth, and that is pre- matic; all new programs started by the U.N. to cisely what the Hyde U.N. Reform Act of the rule and the bill. I also want to include sunsetting provisions; cuts and thank the gentleman from Illinois (Mr. provides. It focuses on budgets, stream- streamlining in the funding for the 15,484 con- lining, prioritization of programs, over- HYDE) for his service and this bill. I ferences and scheduled meetings that oc- had some prepared remarks, but I have sight, accountability, peacekeeping, curred in 2004 and 2005, some of which cost and human rights. But the Hyde bill got to respond to the last speaker who $7–8,000 per hour; creation of an ethics office also uses the leverage of withholding talked about CEDAW. It seems to me to provide oversight over the U.N. budget and up to 50 percent of U.S. assessed dues if that that is a perfect example of what financial disclosure form. certifications are not made in key is wrong with the United Nations and And two of the most important items this bill areas. our funding the United Nations. What a requires are to direct the U.S. Permanent Under the Hyde bill, the U.N. must joke CEDAW is. We are the only indus- Representative to aggressively pursue a defi- achieve 32 of 39 reforms, 14 of which are trialized country that has not signed nition of terrorism and to mandate that the mandatory, or face the potential loss of that treaty. Women do better here U.N. adopt criteria for membership on any 50 percent of U.S. assessed dues. Let us than anyplace in the world. There is no human rights body. be clear. This is the point of conten- person who supports equal rights for The U.N. counts some of the world’s leading tion, Mr. Speaker, that is, who controls women more than I do, and I think human rights violators and state sponsors of the power of the purse. I submit at the that CEDAW is a joke because of those terrorism among its membership and even beginning of this debate that the power who have supported it, look at how taps many of them to be in leadership posi- of the purse is the power of the Amer- they treat women. tions on its subcommittees. This is completely ican people. It is not for the State De- As Members of Congress, we have a outrageous and dangerously ironic. partment or even the Secretary of duty to ensure accountability of each Let us empower our new ambassador to the State to say when and how the re- and every American taxpayer dollar U.N. and the administration with reforms that sources of the American people will be that goes to the United Nations. From have some teeth and will effect change. The spent. That is the function of the Con- the U.N. Oil-for-Food program, to its United Nations’ reputation of being a credible gress of the United States even where lack of action with respect to the geno- and effective, international peacekeeping body the United Nations is concerned. It is cide in Darfur, to the horrendous has been sorely tarnished. It is no wonder so time to save the U.N. from its own human rights abuses by U.N. peace- many Americans question the efficacy and the scandals and mismanagement. It is keeping staff during their mission in very necessity of the United Nations. time for U.N. reform with teeth. the Congo, what did they care about Mr. HASTINGS of Florida. Mr. Let us begin the debate. Then let us CEDAW. The U.N. is rife with fraud and Speaker, I reserve the balance of my pass the Henry J. Hyde U.N. Reform abuse and needs reform. time. Act. Two of the most important items Mr. BISHOP of Utah. Mr. Speaker, I Mr. BISHOP of Utah. Mr. Speaker, I this bill requires are to direct the U.S. yield 3 minutes to the gentleman from am pleased to yield 2 minutes to the permanent representative to aggres- Indiana (Mr. PENCE), a member of the gentleman from Pennsylvania (Mr. sively pursue a definition of terrorism Committee on International Relations. PITTS). and to mandate that the U.N. adopt Mr. PENCE. Mr. Speaker, I thank the Mr. PITTS. Mr. Speaker, I thank the criteria for membership on any human gentleman for yielding me this time. I gentleman for yielding me this time. H4614 CONGRESSIONAL RECORD — HOUSE June 16, 2005 Mr. Speaker, billions of dollars in ence. What happens at the United Na- eloquent, but fair-minded and bipar- coverups, fraud investigations, abuses tions today does not represent these tisan in a substantial number of ef- of power, calls for resignation, shred- ideals. And until the United Nations forts, and I, like all of our colleagues ded documents. I am not talking about becomes the body envisioned by these here, deeply appreciate the work that the Nixon or the Clinton administra- giants of the past, until it becomes a he has done on behalf of this Nation tions, though both contained plenty of place where the good of mankind is and indeed this world throughout the the above. I am talking about the U.N., truly advanced, and not a place where course of his career, and I compliment that most sacred cow of international the agendas of tyrants and dictators him in that regard. organizations. It has been the subject are protected, we should not continue I also accept the chastisement of the of many scandals. Billions of dollars in- to pay 25 percent of the United Nations distinguished Chair with reference to tended to help the Iraqi people were budget. rhetoric, but I would urge that some of stolen from the Oil-for-Food program. There are those who believe that we the rhetoric that I may have used is should simply leave the U.N. and start rhetoric that I learned here in the b 1715 over, and there are moments when I House of Representatives that has been It appears that that happened be- wonder if really there is no other op- used on both sides of the aisle much cause of conflicts of interest at the tion. There may be a day when this be- too often, in my judgment. highest levels of the U.N. Countries comes inevitable, but now is not the That said, I would like not to be an like Syria, Sudan, Libya, North Korea, time to cut and run. Now is the time to apologist for the United Nations. The China and Cuba have had seats or still hold the United Nations accountable. United Nations needs to be reformed, have seats on the Human Rights Com- It is important for the United States to and I think that it could be put better mission, the U.N.’s body for addressing remain engaged and a player on the by the words of Under Secretary of human rights issues. Those nations are world’s stage to enact these important State Nicholas Burns, whom I quoted all members of the U.N., and we should reforms. when I began. I further quote him in not kick them out, but they should not This legislation has offered 39 impor- saying that it is more important to be setting policy on human rights. tant reforms with the teeth of tied to press for structural reforms. I think Members of this Commission can veto funding, which will return honor and Ambassador Burns is absolutely mind- certain resolutions that come before integrity to what was once a distin- ful of what all of us are. The gentleman the U.N. guished body. from Illinois (Chairman HYDE); the Sudan, from its seats on the Commis- I urge my colleagues to support this gentleman from California (Mr. LAN- sion, has vetoed efforts to condemn the important legislation. TOS), my good friend, the distinguished genocide it is committing in Darfur. Mr. BISHOP of Utah. Mr. Speaker, I ranking member; the gentleman from U.N. peacekeepers were recently found yield 1 minute to the gentleman from Connecticut (Mr. SHAYS), his colleague to be raping the children, the very peo- New Jersey (Mr. SMITH). in filing this measure; all of the mem- ple they were ordered to protect, in the Mr. SMITH of New Jersey. Mr. bers of the Committee on International Congo. We could go on and on. Speaker, I thank my friend for yielding Relations, indeed all the Members of The U.N. plays a vital role in medi- me this time. this body recognize that the United Na- ating disputes, in caring for the poor, I rise in strong support of the Henry tions has problems. But if we are in the and facilitating dialogue. But the sys- J. Hyde U.N. Reform Act of 2005. It is business of using this as precedent, tem seems to breed abuse and fraud tough but necessary medicine designed then we would not want to establish a and wasteful spending because of the to finally at long last reform the precedent where using the hammer, as U.N.’s huge bureaucracy. It is account- United Nations so that they can realize the gentleman from Indiana referred to able to no one. Much of what happens the noble dream of its founders. the monetary withholding as being the happens behind closed doors. Today the United Nations is rife with hammer, to cause people to undertake Changes need to be made. They need scandal, corruption, hypocrisy, and to do what we say. Then we establish to be made in the structure of the U.N. missed opportunity. Clearly there are that as a precedent, and we look up They need to be substantial, not cos- bright and committed people at the next month, 2 months from now, an- metic changes. The mess needs to be U.N., and I applaud them. But others other country comes forward. We are cleaned up. with less laudable motives often hijack not the only dues payor, we are the I urge support for the Henry J. Hyde the U.N. mission, its programs, and un- largest dues payor to the United Na- U.N. Reform plan, which will make dermine the vital missions of the tions. So someone else that decides changes of substance. United Nations. that it should reform in a way more Mr. BISHOP of Utah. Mr. Speaker, I Those of us who believe the U.N. can likely to comport with their govern- yield 2 minutes to the gentleman from and must do better refuse to accept the ment’s understandings could use this Texas (Mr. MCCAUL), also a member of status quo. Business as usual just does as a precedent. I do not think that that the Committee on International Rela- not cut it. The Henry J. Hyde U.N. Re- is a good thing. I do not think that is tions. form Act of 2005 injects real and meas- good policymaking, and I have tried to Mr. MCCAUL of Texas. Mr. Speaker, urable accountability into the United make that clear. today I rise in support of the rule and Nations, and that is exceedingly impor- Let me give the Members the analogy this important piece of legislation. And tant in a myriad of areas including the by way of an exact example. I happen I want to thank the gentleman from Il- area of peacekeeping operations and in to be the president of the Parliamen- linois (Chairman HYDE) for his leader- human rights. tary Assembly of the Organization for ship on this important issue, and it is I want to thank the gentleman from Security and Cooperation in Europe. It an honor to serve with him on the Illinois (Chairman HYDE) for his great is the first time that an American has Committee on International Relations. leadership on this and on so many been the president, and we are holding World leaders gathered in 1945 to im- human rights issues around the world. the Assembly’s conference here in plement a vision that began with Presi- This is important legislation. I hope Washington, D.C., and I thank the dent Woodrow Wilson’s League of Na- the body will support it. Speaker of the House and the majority tions, was conceived by President Mr. HASTINGS of Florida. Mr. leader of the Senate for the extraor- Franklin Roosevelt and brought into Speaker, I yield myself the balance of dinary effort that they have put in al- existence by Harry Truman, now my time. lowing that this Assembly be under- known as the United Nations. What the Mr. Speaker, I want to join in whole- taken in appropriate fashion in a bipar- United Nations has become today hearted endorsement in echoing of all tisan way. Secretary Rice is one of the would surely break the hearts of these of the words of praise that have been featured speakers at that Assembly. great men. directed toward the distinguished I raise it only for this reason, and I More than just a group of countries chairman of the Committee on Inter- see the gentleman from New Jersey working towards peace, the United Na- national Relations. I have known the (Mr. SMITH), my good friend, who is the tions represents the idea that each gentleman from Illinois (Chairman Chair of the Helsinki House side of the human being deserved a better exist- HYDE) to not only be gentlemanly and same Assembly that I am talking June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4615 about. The gentleman from New Jersey doing everything it can to bring infor- adoption and passage of the underlying (Mr. SMITH) can relate to what I am mation to light, whether it is good or legislation. about to say, and I ask the gentleman bad. If the U.N. leadership, however, Mr. Speaker, I yield back the balance from Illinois (Chairman HYDE) to do so spent half the time lining the fabric of of my time, and I move the previous as well. freedom than it has been lining the question on the resolution. More than a year ago, the governing pockets of friends and family, then this The previous question was ordered. side of the OSCE was met with threats would be approaching utopia. That is The resolution was agreed to. from the country Russia. And we agree not the case. A motion to reconsider was laid on even today that transparency and ac- Last month there was an investi- the table. countability in that organization is gator who had something called a con- f critical. They hold most of their under- science. He wanted to come forward takings behind closed doors. They oper- with information. What did the U.N. GENERAL LEAVE ate on the consensus rule, and it pri- do? They hired attorneys to have an in- Mr. HYDE. Mr. Speaker, I ask unani- marily stagnates the mission of the junction to keep us from knowing the mous consent that all Members may OSCE. But Russia said that unless the truth. have 5 legislative days in which to re- United States paid more dues, interest- It is time to be united and holding vise and extend their remarks and in- ingly enough in this particular in- the United Nations accountable. Sup- clude extraneous material on H.R. 2745. stance, and that they paid less dues, port the rule on the Henry H. Hyde bill. The SPEAKER pro tempore (Mr. and that reform measures that they Mr. BISHOP of Utah. Mr. Speaker, I BISHOP of Utah). Is there objection to were seeking were implemented, that yield 1 minute to the gentleman from the request of the gentleman from Illi- they would withhold their dues from Georgia (Mr. GINGREY). nois? the OSCE. It did not stop the organiza- Mr. GINGREY. Mr. Speaker, I thank There was no objection. my colleague on the Committee on tion from running. It is not going to f stop the Assembly from taking place Rules for yielding me this 1 minute. I grew up in the Deep South in the HENRY J. HYDE UNITED NATIONS here in Washington, D.C., July 1 late 1950s. Every other billboard in the REFORM ACT OF 2005 through July 5. But what it did was South, in my part of Georgia, said, that threat caused turmoil inside the The SPEAKER pro tempore. Pursu- ‘‘Get out of the United Nations.’’ I did organization that is in need of reform, ant to House Resolution 319 and rule not think that was correct then, and I and I think we run into the same kind XVIII, the Chair declares the House in do not feel that way now. In fact, of measure here in this particular pro- the Committee of the Whole House on maybe we should have joined the posal. the State of the Union for the consider- Listen, Madeleine Albright and John League of Nations and we would never ation of the bill, H.R. 2745. Danforth, Richard Holbrooke and have had World War II. But if there is The Chair designates the gentleman Jeane Kirkpatrick are nobody’s rook- ever a time to reform an organization, from New Hampshire (Mr. BASS) as ies, and they are not naive when it it is absolutely now. Chairman of the Committee of the I am proud to support the rule and comes to what is needed. Thomas Pick- Whole, and requests the gentleman the bill, H.R. 2745, the Henry J. Hyde ering and Bill Richardson and Donald from Nebraska (Mr. TERRY) to assume United Nations Reform Act of 2005. the chair temporarily. McHenry and Andrew Young, all eight The gentleman from California ear- of these individuals were people that lier talked about the Ten Command- b 1733 served as our Ambassadors under Re- ments and the fact that we are bur- IN THE COMMITTEE OF THE WHOLE publican and Democratic administra- dening the U.N. with these 39 com- tions to the United Nations, and during Accordingly, the House resolved mandments. But really what he is sug- itself into the Committee of the Whole that entire period of time, each of gesting is that they are not command- them in their own way contributed to House on the State of the Union for the ments at all. They become suggestions. consideration of the bill (H.R. 2745) to meaningful reform. All of them have It does not really matter, the number. said, The need for United Nations re- reform the United Nations, and for form is clear, but we urge that you b 1730 other purposes, with Mr. TERRY (Act- carefully consider this legislation be- I think we need some teeth in this re- ing Chairman) in the chair. cause it will not, it will not, do the form, and that is what the Henry J. The Clerk read the title of the bill. necessary reforms at the U.N. Hyde United Nations Reform Act does. The Acting CHAIRMAN. Pursuant to The SPEAKER pro tempore (Mr. I am fully supportive. I ask my col- the rule, the bill is considered as hav- TERRY). The gentleman’s time has ex- leagues on both sides of the aisle to ing been read the first time. pired. support this, and let us straighten out Under the rule, the gentleman from Mr. BISHOP of Utah. Mr. Speaker, I that organization. Illinois (Mr. HYDE) and the gentleman appreciate the kindness and flexibility Mr. BISHOP of Utah. Mr. Speaker, I from California (Mr. LANTOS) each will of my good friend from Florida. yield myself the balance of my time. control 10 minutes. Mr. Speaker, I yield 1 minute to the Mr. Speaker, I appreciate the oppor- The Chair recognizes the gentleman gentleman from Texas (Mr. GOHMERT). tunity for having had a very quality from Illinois (Mr. HYDE). Mr. GOHMERT. Mr. Speaker, I am debate here today. It is interesting to (Mr. HYDE asked and was given per- proud to rise in support of the rule and note once again that the ranking mem- mission to revise and extend his re- the Henry J. Hyde U.N. Reform Act, ber and the chairman have said the marks.) and just as proud to rise in tribute to need for reform is obvious. There is no Mr. HYDE. Mr. Chairman, I yield my- the gentleman from Illinois (Mr. disagreement on that point. It is seem- self such time as I may consume. HYDE). ingly the mechanism of doing that. Mr. Chairman, I would like to an- When the gentleman from Illinois Once again I point out that in 1985, nounce that I am terribly flattered by (Mr. HYDE) feels something needs fix- 1994 and 1999, this House set precedent the extravagant things that have been ing, we had better take notice and by doing the exact same concept that said, but I must confess I did not name know it needs fixing. is there. And it is true that maybe I this bill after myself. While I deeply We need an organization of nations have heard a new concept here that I appreciate the honor, I am a trifle em- that cares about human rights, but we do not need to make all Ten Command- barrassed, not thoroughly embarrassed, need a united group of nations that be- ments to get to heaven, but I also but a trifle. lieves more in the rights of individuals know that when I was in my classroom Mr. Chairman, most informed people than it believes that the right of indi- and I put high standards and high ex- agree that the U.N. is in desperate need viduals is to plunder others. pectations, my kids met those stand- of reform. Corruption is rampant, as It should be noticed that at a time ards; and if I wavered, then they evidenced by the ever-expanding Oil- when the United Nations’ reputation wavered at the same time. for-Food scandal. U.N. peacekeepers for truth, justice, and following its own This is a good piece of legislation. It have sexually abused children in Bos- rules is at an all-time low, it should be is an excellent rule, and I urge its nia, the Congo, Sierra Leone and other H4616 CONGRESSIONAL RECORD — HOUSE June 16, 2005 places; and the culture of concealment between their proposals and the one we cratic nation of Israel, which has be- makes rudimentary oversight virtually have put forward lies in the methods to come the whipping boy for totalitarian impossible. A casual attitude towards be used to accomplish that universally regimes around the globe. Serial conflict-of-interest rules undermines desired goal. human rights abusers, Mr. Chairman, trust in the U.N.’s basic governance. We are already experiencing stren- must also be kept off U.N. institutions I could spend many hours reciting a uous resistance to change from many explicitly designed to fight for the litany of waste, fraud, and abuse that sources, both within the U.N. and with- cause of human rights and democracy. has become intolerable. So what do we out. But admonishment will not trans- Mr. Chairman, the crushing flow of do about it? What leverage do we have form sinners into saints; resolutions of stories of scandal at the United Na- to bring about change in how this in- disapproval will not be read; flexible tions has forced a long-overdue rec- stitution operates? deadlines and gentle proddings will be ognition of an essential fact about the First of all, we pay 22 percent of the ignored. place: it is not a real country, like budget. That is $440 million. We pay 27 Instead, more persuasive measures Japan or Norway. It is a derivative re- percent of the peacekeeping budget. Do are called for. This legislation brings ality reflecting its less-than-perfect not ask me what that is. You cannot to bear instruments of leverage suffi- member states in a deeply flawed find out. That is a secret. China pays cient to the task, the most important world. 2.1 percent, or $36.5 million. Russia being tying the U.S. financial contribu- I would like to remind my colleagues pays 1.1 percent, or $19 million. tion to a series of readily understand- that there will be no quick fix for an Over the years, as we listened to the able benchmarks. organization composed of 191 member counsels for patience, the U.N.’s In an effort to derail this legislation, states which, in varying degrees, have failings have grown worse, not less- it has been proposed that we hand to their own shortcomings, their own in- ened. Our many warnings, plans and the Secretary of State the power to se- justices, their own flaws, their own hy- urgings have largely come and gone, lectively withhold funds from the U.N. pocrisies of all types. Because a quick with few lasting accomplishments to as a means of inspiring a cooperative fix is not to be expected, and rigid, pu- mark their presence. Trust in gradual attitude in the organization. I cer- nitive measures will not bring about a change has been interpreted as indiffer- tainly mean no disrespect for the cur- long-term fix, Mr. Chairman, I must ence, a very expensive indifference. rent Secretary, whom I hold in the oppose the legislation before the House So the time has finally come when highest esteem, but the power of the today and indicate my intention to we must in good conscience say purse belongs to Congress and is not offer a substitute amendment. ‘‘enough.’’ ‘‘Enough’’ to allowing odi- delegable, no matter who holds that Just yesterday, Mr. Chairman, our ous regimes such as Cuba, Sudan and high office. Republican administration informed Zimbabwe to masquerade as arbiters of We cannot escape this burden. The Congress that it strongly opposes the human rights. ‘‘Enough’’ to peace- task we face is an extensive one, and I automatic withholding provisions of keepers exploiting and abusing the peo- have no illusions regarding the difficul- the Hyde bill as well as its infringe- ple they were sent to protect. ties and the challenges we face. But the ments upon the President’s constitu- tional powers. ‘‘Enough’’ to unkept promises and choice is simple: we can either seek to Let me repeat that, Mr. Chairman, squandering the dreams of generations. accomplish concrete improvements, and I want my Republican friends to Very few are opposed to the U.N.’s which will require an enforcement listen. The Republican administration role in facilitating diplomacy, medi- mechanism more credible and more de- strongly opposes the Hyde bill. ating disputes, monitoring the peace, cisive than mere wishes, or we can pre- and feeding the hungry. But we are op- tend to do so. For there can be no b 1745 posed to the legendary bureaucratiza- doubt that any proposal resting upon This does not come as a surprise to tion, to political grandstanding, to bil- discretionary decisions concedes in ad- us, Mr. Chairman. Just a few weeks lions of dollars spent on multitudes of vance that any reform will be frag- ago, high-ranking officials at the De- programs with meager results, to the mentary at best, if there is any at all. partment of State told Congress that outright misappropriation of funds rep- We are in a peculiar situation. Oppo- the legislation would undoubtedly cre- resented by the Oil-for-Food program. nents of change cloak themselves in ate new arrears at the United Nations And we rightly bristle at the gratu- the robes of defenders of the U.N., when because not all of the U.N. reform itous anti-Americanism that has be- it is in fact they who would condemn it benchmarks contained in the bill are come ingrained over decades, even as to irrelevance. Those of us who believe achievable. While many of the reforms our checks continue to be regularly the U.N. can yet reclaim its mission being sought in the Hyde bill are wor- cashed. and assume the role foreseen by the vi- thy goals, many require unanimous No observer, be he a passionate sup- sion of its founders have no choice but agreement by all 191 U.N. member porter of this legislation or dismissive to take up this task of U.N. reform. states, including the likes of Iran, critic, can pretend that the current Yes, this is radical surgery. Some- Syria, and Sudan. structure and operations of the U.N. times it is the only way to save the pa- Mr. Chairman, the Lord gave us Ten represent an acceptable standard. Even tient. Commandments, but the bill before the the U.N. itself has acknowledged the Mr. Chairman, I reserve the balance House today gives us 39. What is worse, need for extensive measures and, to its of my time. Mr. Chairman, is that if the United Na- credit, has put forward a number of Mr. LANTOS. Mr. Chairman, I yield tions achieves 38 of these benchmarks useful proposals for consideration. myself such time as I may consume. and only accomplishes half of the thir- In the United States, the recognition Mr. Chairman, I rise in strong opposi- ty-ninth, the Hyde bill automatically, of need for change is widely shared and tion to this bill, and I urge all of my automatically, cuts off 50 percent of bipartisan. Republican and Democratic colleagues across the aisle to do so. Let the U.S. contribution to the United Na- administrations alike have long called me state at the outset that I fully tions. With this rigid and inflexible for a more focused and accountable share the passionate commitment of mechanism, the legislation before us budget, one that reflects what should the gentleman from Illinois (Chairman will undercut, not strengthen, our abil- be the true priorities of the organiza- HYDE) to meaningful and thorough re- ity to press for the very reforms we all tion, shorn of duplicative, ineffective, forms at the United Nations. This glob- seek. and outdated programs. Members on al institution must become more trans- Senior State Department officials both sides of the aisle in Congress parent and open, its employees must be argue that the bill, if enacted, would agree that the time has come for far- held to the highest ethical and moral severely undermine America’s national reaching reform. standards, and the abuses of the Oil- security interests by killing des- I have heard no arguments in favor of for-Food program must never be re- perately needed U.N. peacekeeping op- maintaining the status quo. Even the peated. erations, including a possible mission opponents of this legislation concede Mr. Chairman, the United Nations to deal with genocide. the need for deep change. The key dif- must put an end to its persistent and The State Department is not alone in ference, the all-important difference, pathological persecution of the demo- opposing the Hyde bill. Eight former June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4617 United States Ambassadors to the Mr. BLUNT. Mr. Chairman, I rise up to its potential and its mission un- United Nations have expressed their today in strong support and apprecia- less it sheds the stain of anti-Semi- strongest opposition to the bill. These tion really of both of our leaders on tism. Ambassadors include distinguished Re- this bill, the gentleman from Cali- For these reasons, the United Na- publicans like Jeane Kirkpatrick, John fornia (Mr. LANTOS), and I am particu- tions critically needs to be reformed. Danforth, a former distinguished Re- larly pleased to see this bill named in Yet, some commands for change, in- publican Senator; and Ambassadors appreciation and recognition of the cluding several provisions in the Hyde Richard Holbrooke, Madeleine great leadership of our Committee on bill, are counterproductive and unwise. Albright, Donald McHenry, Thomas International Relations chairman, the Specifically I cannot support the Pickering, Bill Richardson, and An- gentleman from Illinois (Mr. HYDE). Hyde bill provision that mandates cut- drew Young. They argue that the bill I think we all know on both sides of ting in half U.S. payments to the U.N. ‘‘threatens to undermine our leader- the aisle that the United Nations has unless the U.N. adopts 39 specific re- ship and effectiveness at the U.N. and not lived up to its expectations. It un- forms, many of which cannot conceiv- the reform effort itself.’’ fortunately has come way too close to ably be adopted because they require In short, Mr. Chairman, while the mirroring the ineffective activities of unanimous consent from all 191 mem- Hyde bill has the best of intentions, it the organization it replaced, the ber states, including Syria, Iran, and will cause our Nation to go back into League of Nations. North Korea. an arrears at the United Nations with- This year, the U.N.’s budget in- The Hyde bill would halt funding for out achieving the desired outcomes. creased to $1.8 billion. Of that $1.8 bil- peacekeeping missions, endangering Given the important role the United lion, we pay a substantial part of the vital new or expanded U.N. operations Nations is currently playing in Afghan- cost of the U.N. These reforms are nec- in Darfur and Haiti, and ignoring the istan, in Iraq, in Darfur, and scores of essary. Moving the programs that this possibility of future crises that may other places, I fail to see how going bill suggests be moved to voluntary demand international intervention is into debt at the United Nations will programs only increases the willing- such places as Iran or Syria. promote our national security inter- ness of people to support those pro- The Lantos substitute recommends ests. It will only force the United grams, the transparency of those pro- reforms that will make the U.N. more States to take on greater global re- grams. fair and effective, but it avoids the sponsibilities at the very moment when I strongly urge support for this bill. I rigid and draconian approach that our troops and our diplomats are al- strongly urge support for the penalties makes the Hyde bill both unreasonable ready spread thin. that it contains. I appreciate my and potentially dangerous, so I urge I also fail to see, Mr. Chairman, how friend, the gentleman from Illinois adoption of the Lantos substitute. tying the hands of our distinguished (Mr. HYDE), and also our great Ranking Mr. Chairman, although I believe in the val- Secretary of State, Dr. Condoleezza Member of this committee, the gen- ues and principles expressed in the United Rice, as she pursues reform at the tleman from California (Mr. LANTOS). Nations Charter, the organization has been hi- United Nations would serve our na- Mr. LANTOS. Mr. Chairman, I am de- jacked by some member states who have be- tional interest. The legislation before lighted to yield 11⁄2 minutes to the dis- trayed these values. The use of blood libels by the Congress micromanages every pos- tinguished gentleman from New York representatives of member states, in official sible reform at the United Nations. It (Mr. NADLER). U.N. reports, and by NGOs, is unacceptable creates mechanical, arbitrary, and Mr. NADLER. Mr. Chairman, al- and clearly evidence that the United Nations automatic withholdings, and it gives though I believe in the values and prin- needs to be reformed. Secretary of State Rice zero flexibility ciples expressed in the United Nations I believe it is time for the United States to to get the job done. Charter, the organization has been hi- do more to press the U.N. to reform. It is not For these reasons, Mr. Chairman, I jacked by some member states who enough to criticize the U.N. It is not enough to will offer a substitute amendment to have betrayed those values. The use of denounce the U.N.’s institutional anti-Semi- achieve U.N. reform which will give blood libels by representatives of mem- tism. Secretary Rice the flexibility she asks ber states in official U.N. reports and Slandering the Jewish people, their aspira- for, she needs, and she fully deserves by NGOs is unacceptable. tions for self-determination, and their home- from the Congress. It is time to do more to press the land, is unacceptable. Excluding Israel, a Mr. Chairman, I urge all of my col- U.N. to reform. It is not enough to member state, from the community of nations leagues to side with our Nation’s bipar- criticize the U.N. and to denounce its because of ancient hatreds and slanders is tisan foreign policy leaders in opposing institutional anti-Semitism. Slan- unworthy of an organization founded to pro- this bill. dering the Jewish people, their aspira- mote world peace and end human suffering. Mr. Chairman, I reserve the balance tions for self-determination, and their No other nation would be denounced for of my time. homeland is unacceptable. Excluding taking steps to protect its citizens from acts of Mr. HYDE. Mr. Chairman, I yield my- Israel, a member state, from the com- terror aimed intentionally at civilians. No nation self such time as I may consume. munity of nations because of ancient has exercised as much restraint as Israel, yet I just want to respond to my dear hatreds and slanders is unworthy of an no nation has been subjected to so much con- friend, and he is my dear friend. If I organization founded to promote world demnation, indeed vilification and demoniza- ever become President of the United peace and end human suffering. tion, including those countries that practice States, I would nominate the gen- No other nation would be denounced slavery, torture, and genocide, some of whom tleman from California (Mr. LANTOS) as for taking steps to protect its citizens have been privileged to sit on the United Na- my Secretary of State and be guided by from acts of terror aimed intentionally tions Commission on Human Rights—a right his advice. at civilians. No nation has exercised as denied to Israel in the more than half-century Mr. LANTOS. Mr. Chairman, if the much restraint as Israel, yet no nation it has been a member. gentleman will yield, I deeply appre- has been subjected to so much con- The U.N. is capable of good and important ciate that, Mr. Chairman. demnation, indeed vilification and de- work, in the eradication of disease, in alle- Mr. HYDE. Mr. Chairman, that is monization, including those countries viating poverty, in averting genocide, in peace- what I think of the gentleman from that practice slavery, torture, and keeping. It can and should do more, but it can California (Mr. LANTOS). genocide, some of whom have been never live up to its potential and its mission Mr. Chairman, I just want to point privileged to sit on the United Nations unless it sheds the stain of anti-Semitism. out that substantial compliance is ac- Commission on Human Rights, a right For these reasons, the United Nations criti- corded to the Secretary of State, so if denied to Israel in the more than half cally needs to be reformed. Yet, some de- 38 of the 39 are complied with, the 39th a century it has been a member. mands for change—including several provi- could have been substantially complied The U.N. is capable of good and im- sions in the Hyde bill—are counterproductive with and suffice. portant work in the eradication of dis- and unwise. Mr. Chairman, I yield the remaining ease, in alleviating poverty, in averting Specifically, I cannot support the Hyde bill time to the gentleman from Missouri genocide, in peacekeeping. It can and provision that mandates cutting in half United (Mr. BLUNT). should do more, but it can never live States payments to the U.N. unless the U.N. H4618 CONGRESSIONAL RECORD — HOUSE June 16, 2005 adopts 38 specific reforms—many of which H.R. 2745 (8) SPECIALIZED AGENCIES AND SPECIALIZED cannot conceivably be adopted because they Be it enacted by the Senate and House of Rep- AGENCIES OF THE UNITED NATIONS.—The terms require unanimous consent from all 191 resentatives of the United States of America in ‘‘specialized agencies’’ and ‘‘specialized agen- memberstates, including Syria, Iran, and North Congress assembled, cies of the United Nations’’ mean— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (A) the Food and Agriculture Organization Korea. (FAO); The Hyde bill would also halt funding for (a) SHORT TITLE.—This Act may be cited as the ‘‘Henry J. Hyde United Nations Reform Act (B) the International Atomic Energy Agency peacekeeping missions, endangering vital new (IAEA); or expanded U.N. operations in Darfur and of 2005’’. (b) TABLE OF CONTENTS.—The table of con- (C) the International Civil Aviation Organiza- Haiti, and ignoring the possibility of future cri- tents for this Act is as follows: tion (ICAO); ses that may demand international intervention (D) the International Fund for Agricultural Sec. 1. Short title; table of contents. Development (IFAD); in such places as Iran or Syria. Sec. 2. Definitions. (E) the International Labor Organization The Democratic substitute, offered by my Sec. 3. Statement of Congress. colleague and good friend from California Mr. (ILO); TITLE I—MISSION AND BUDGET OF THE (F) the International Maritime Organization LANTOS, which authorizes the Secretary of UNITED NATIONS (IMO); State to use her discretion in withholding Sec. 101. United States financial contributions (G) the International Telecommunication funds to promote adoption of the reforms we to the United Nations. Union (ITU); seek, is far preferable. The Lantos substitute Sec. 102. Weighted voting. (H) the United Nations Educational, Sci- recommend reforms that will make the U.N. Sec. 103. Budget certification requirements. entific, and Cultural Organization (UNESCO); more fair and effective, but it avoids the rigid, Sec. 104. Accountability. (I) the United Nations Industrial Development draconian, automatic approach that makes the Sec. 105. Terrorism and the United Nations. Organization (UNIDO); Hyde bill both unreasonable and dangerous. Sec. 106. United Nations treaty bodies. (J) the Universal Postal Union (UPU); Mr. NEUGEBAUER. Mr. Chairman, I rise Sec. 107. Equality at the United Nations. (K) the World Health Organization (WHO) Sec. 108. Report on United Nations reform. and its regional agencies; today to express my strong support for H.R. Sec. 109. Report on United Nations personnel. 2745, the United Nations (U.N.) Reform Act. I (L) the World Meteorological Organization TITLE II—HUMAN RIGHTS AND THE ECO- (WMO); and would like to take this opportunity to thank the NOMIC AND SOCIAL COUNCIL (ECOSOC) (M) the World Intellectual Property Organiza- distinguished gentleman from Illinois (Mr. Sec. 201. Human rights. tion (WIPO). YDE H ), Chairman of the International Relations Sec. 202. Economic and Social Council SEC. 3. STATEMENT OF CONGRESS. Committee, for his leadership on this critically (ECOSOC). Congress declares that, in light of recent his- important issue. TITLE III—INTERNATIONAL ATOMIC tory, it is incumbent upon the United Nations to For years, Americans have watched with ENERGY AGENCY enact significant reform measures if it is to re- disbelief as the United Nations has put brutal Sec. 301. International Atomic Energy Agency. store the public trust and confidence necessary dictatorships like Syria and Sudan on its Sec. 302. Sense of Congress regarding the Nu- for it to achieve the laudable goals set forth in Human Rights Commission, while at the same clear Security Action Plan of the its Charter. To this end, the following Act seeks time it lectures free democracies on what it IAEA. to reform the United Nations. means to respect human rights. Now, we are TITLE IV—PEACEKEEPING TITLE I—MISSION AND BUDGET OF THE seeing not only misplaced condescension, but Sec. 401. Sense of Congress regarding reform of UNITED NATIONS also widespread corruption. United Nations peacekeeping op- SEC. 101. UNITED STATES FINANCIAL CONTRIBU- The U.N. was established in order to pro- erations. TIONS TO THE UNITED NATIONS. mote international cooperation and peace be- Sec. 402. Statement of policy relating to reform (a) STATEMENTS OF POLICY.— tween nations. However, the good intentions of United Nations peacekeeping (1) IN GENERAL.—It shall be the policy of the that led to the U.N.’s founding have been fol- operations. United States to use its voice, vote, and influ- lowed by a long list of mismanagement, scan- Sec. 403. Certification. ence at the United Nations to— dal and corruption. Clearly, the U.N. is in des- TITLE V—DEPARTMENT OF STATE AND (A) pursue a streamlined, efficient, and ac- GOVERNMENT ACCOUNTABILITY OFFICE countable regular assessed budget of the United perate need of reform. Most recently, for ex- Nations; and ample, there were problems of kickbacks, Sec. 501. Positions for United States citizens at (B) shift funding mechanisms of certain orga- bribes and nepotism within the Oil for Food international organizations. nizational programs of the United Nations speci- Sec. 502. Budget justification for regular as- program. There are also serious concerns with fied under paragraph (4) from the regular as- sessed budget of the United Na- the behavior of the U.N. peacekeepers in Afri- sessed budget to voluntarily funded programs. tions. (2) UNITED STATES CONTRIBUTIONS.—It shall ca, including accusations of sexual abuse of Sec. 503. Review and report. be the policy of the United States to— the very people they are there to protect. Sec. 504. Government Accountability Office. These are just two areas of concern; there are (A) redirect United States contributions to the TITLE VI—CERTIFICATIONS AND United Nations to achieve the policy objectives countless other examples. WITHHOLDING OF CONTRIBUTIONS This important legislation requires the U.N. described in paragraph (1)(B); and Sec. 601. Certifications and withholding of con- (B) redirect a portion of funds from the fol- to make 39 critical reforms to decrease bu- tributions. lowing organizational programs to pursue the reaucracy, increase oversight and most signifi- SEC. 2. DEFINITIONS. policy objectives described in paragraph (1)(A): cantly provide accountability. In order to en- In this Act: (i) Public Information. sure that the U.N. takes action, the bill re- (1) APPROPRIATE CONGRESSIONAL COMMIT- (ii) General Assembly affairs and conference quires the U.S. to withhold 50 percent of our TEES.—The term ‘‘appropriate congressional services. contribution if the U.N. does not enact these committees’’ means the Committee on Inter- (3) FUTURE BIENNIUM BUDGETS.—It shall be much-needed reforms. national Relations of the House of Representa- the policy of the United States to use its voice, The United States is by far the largest con- tives and the Committee on Foreign Relations of vote, and influence at the United Nations to en- tributor to the U.N. This year, the U.S. is ex- the Senate. sure that future biennial budgets of the United pected to provide 22 percent of the U.N.’s (2) EMPLOYEE.—The term ‘‘employee’’ means Nations, as agreed to by the General Assembly, reflect the shift in funding mechanisms de- budget, an estimated $362 million. It is a trav- an individual who is employed in the general services, professional staff, or senior manage- scribed in paragraph (1)(B) and the redirection esty that our tax dollars are being misused by ment of the United Nations, including contrac- of funds described in paragraph (2). the U.N. with no accountability. This is why we tors and consultants. (4) CERTAIN ORGANIZATIONAL PROGRAMS.—The need this legislation. (3) GENERAL ASSEMBLY.—The term ‘‘General organizational programs referred to in para- In closing, Mr. Chairman, I urge my col- Assembly’’ means the General Assembly of the graph (1)(B) are the following: leagues to support this bill. United Nations. (A) Economic and social affairs. The Acting CHAIRMAN (Mr. TERRY). (4) MEMBER STATE.—The term ‘‘Member (B) Least-developed countries, landlocked de- All time for initial general debate has State’’ means a Member State of the United Na- veloping countries and small island developing expired. tions. Such term is synonymous with the term States. Pursuant to the rule, the committee ‘‘country’’. (C) United Nations support for the New Part- amendment in the nature of a sub- (5) SECRETARY.—The term ‘‘Secretary’’ means nership for Africa’s Development. stitute printed in the bill is considered the Secretary of State. (D) Trade and development. (6) SECRETARY GENERAL.—The term ‘‘Sec- (E) International Trade Center UNCTAD/ as an original bill for the purpose of retary General’’ means the Secretary General of WTO. amendment and is considered read. the United Nations. (F) Environment. The text of the committee amend- (7) SECURITY COUNCIL.—The term ‘‘Security (G) Human settlements. ment in the nature of a substitute is as Council’’ means the Security Council of the (H) Crime prevention and criminal justice. follows: United Nations. (I) International drug control. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4619 (J) Economic and social development in Afri- The percentage specified in subsection (b) shall ganizational program of the United Nations ca. be multiplied by one-half of the sum of amounts specified in subparagraphs (A) through (P) of (K) Economic and social development in Asia budgeted by resolution of the General Assembly paragraph (2) may not exceed 10 percent of the and the Pacific. for a current biennial period for the following total contribution made under paragraph (3)(A). (L) Economic development in Europe. certain organizational programs: ‘‘(d) FURTHER CALCULATION WITH RESPECT TO (M) Economic and social development in in ‘‘(A) Economic and social affairs. BUDGETS FOR PUBLIC INFORMATION AND GEN- Latin America and the Caribbean. ‘‘(B) Least-developed countries, landlocked ERAL ASSEMBLY AFFAIRS AND CONFERENCE (N) Economic and social development in West- developing countries and small island devel- SERVICES.— ern Asia. oping States. ‘‘(1) 22 PERCENT LIMITATION.—The Secretary (O) Regular program of technical cooperation. ‘‘(C) United Nations support for the New may not make a contribution to a regularly as- (P) Development account. Partnership for Africa’s Development. sessed biennial budget of the United Nations in (Q) Protection of and assistance to refugees. ‘‘(D) Trade and development. an amount greater than 22 percent of the (R) Palestine refugees. ‘‘(E) International Trade Center UNCTAD/ amount calculable under paragraph (2). (b) AUTHORIZATION WITH RESPECT TO THE WTO. ‘‘(2) ANNUAL DUES EACH FISCAL YEAR.— REGULAR ASSESSED BUDGET OF THE UNITED NA- ‘‘(F) Environment. ‘‘(A) IN GENERAL.—For annual dues paid by TIONS.—Subject to the amendment made by sub- ‘‘(G) Human settlements. section (c), the Secretary of State is authorized ‘‘(H) Crime prevention and criminal justice. the United States to the United Nations each to make contributions toward the amount as- ‘‘(I) International drug control. fiscal year, the percentage specified in para- sessed to the United States by the United Na- ‘‘(J) Economic and social development in Afri- graph (1) shall be multiplied by one-half of the tions for the purpose of funding the regular as- ca. amount of the regularly assessed budget of the sessed budget of the United Nations. ‘‘(K) Economic and social development in Asia United Nations for a current biennial period, as (c) UNITED STATES FINANCIAL CONTRIBUTIONS and the Pacific. agreed to by resolution of the General Assembly. TO THE UNITED NATIONS.—Section 11 of the ‘‘(L) Economic development in Europe. ‘‘(B) CALCULATION WITH RESPECT TO PUBLIC ‘‘(M) Economic and social development in in United Nations Participation Act of 1945 (22 INFORMATION AND GENERAL ASSEMBLY AFFAIRS Latin America and the Caribbean. U.S.C. 287e–3) is amended to read as follows: AND CONFERENCE SERVICES.—With respect to ‘‘(N) Economic and social development in such United States annual dues, the percentage ‘‘SEC. 11. UNITED STATES FINANCIAL CONTRIBU- Western Asia. specified in paragraph (1) shall be multiplied by TIONS TO THE UNITED NATIONS. ‘‘(O) Regular program of technical coopera- ‘‘(a) POLICY OF THE UNITED STATES RELATING one-half of the sum of amounts budgeted by res- tion. olution of the General Assembly for the 2004– TO THE REGULAR ASSESSED BUDGET OF THE ‘‘(P) Development account. UNITED NATIONS.— 2005 biennial period for the following organiza- ‘‘(Q) Protection of and assistance to refugees. tional programs: ‘‘(1) IN GENERAL.—The President shall direct ‘‘(R) Palestine refugees. ‘‘(i) Public Information. the United States Permanent Representative to ‘‘(3) REDIRECTION OF FUNDS.—Of amounts ap- the United Nations to use the voice, vote, and propriated for contributions towards payment of ‘‘(ii) General Assembly affairs and conferences influence of the United States at the United Na- regular assessed dues to the United Nations for services. tions to— 2008 and each subsequent year, if the funding ‘‘(C) REDIRECTION OF FUNDS.— ‘‘(A) pursue a streamlined, efficient, and ac- mechanisms of one or more of the organizational ‘‘(i) IN GENERAL.—The President shall direct countable regular assessed budget of the United programs of the United Nations specified in the United States Permanent Representative to Nations; and paragraph (2) have not been shifted from the the United Nations to make every effort, includ- ‘‘(B) shift funding mechanisms of certain or- regular assessed budget to voluntarily funded ing the withholding of United States support for ganizational programs of the United Nations programs in accordance with subsection (a)(1), a consensus budget of the United Nations, to re- specified under paragraph (2) of subsection (c) the Secretary shall ensure that such amounts in duce the budgets of the organizational programs from the regular assessed budget to voluntarily each such fiscal year that are specified for each specified in subparagraph (B) for 2007 by ten funded programs. such organizational program pursuant to the percent against the budgets of such organiza- ‘‘(2) UNITED STATES CONTRIBUTIONS.—It shall resolution agreed to by the General Assembly for tional programs for the 2004–2005 biennial pe- be the policy of the United States to— the regular assessed budget of the United Na- riod. If the budgets of such organizational pro- ‘‘(A) redirect United States contributions to tions for the period of a current biennium are grams are not so reduced, 20 percent the amount the United Nations to achieve the policy objec- redirected from payment of the assessed amount determined under subparagraph (B) for con- tives described in paragraph (1)(B); and for the regular assessed budget as follows: tributions towards payment of regular assessed ‘‘(B) redirect a portion of funds from the fol- ‘‘(A) Subject to not less than 30 days prior no- dues for 2007 shall be redirected from payment lowing organizational programs to pursue the tification to Congress, the Secretary shall ex- for the amount assessed for United States an- policy objectives described in paragraph (1)(A): pend an amount, not to exceed 40 percent of the nual contributions to the regular assessed budg- ‘‘(i) Public Information. amount specified for each such organizational et of the United Nations. ‘‘(ii) General Assembly affairs and conferences program pursuant to the resolution agreed to by ‘‘(ii) SPECIFIC AMOUNTS.—The Secretary shall services. the General Assembly for the regular assessed make the amount determined under clause (i) ‘‘(3) FUTURE BIENNIUM BUDGETS.— The Presi- budget of the United Nations for the period of a available as a contribution to an eligible organi- dent shall direct the United States Permanent current biennium, as a contribution to an eligi- zational program specified in subparagraphs (A) Representative to the United Nations to use the ble organizational program specified in para- through (C) of paragraph (4) of subsection (c). voice, vote, and influence of the United States graph (4). ‘‘(3) POLICY WITH RESPECT TO 2008–2009 BIEN- at the United Nations to ensure that the shifting ‘‘(B) Subject to not less than 30 days prior no- NIAL PERIOD AND SUBSEQUENT BIENNIAL PERI- of funding mechanisms under paragraph (1)(B) tification to Congress, the Secretary shall ex- ODS.— and redirecting of contributions under para- pend the remaining amounts under this para- ‘‘(A) IN GENERAL.—The President shall direct graph (2) be reflected in future resolutions graph to voluntarily funded United Nations spe- the United States Permanent Representative to agreed to by the General Assembly for the reg- cialized agencies, funds, or programs. the United Nations to make every effort, includ- ular assessed budget of the United Nations for ‘‘(4) ELIGIBLE ORGANIZATIONAL PROGRAMS.— ing the withholding of United States support for the period of a current biennium. To achieve the The eligible organizational programs referred to a consensus budget of the United Nations, to re- policies described in paragraphs (1) and (2), the in paragraph (3)(A) for redirection of funds duce the budgets of the organizational programs United States Permanent Representative to the under such paragraph are the following: specified in subparagraph (B) of paragraph (2) United Nations shall withhold the support of ‘‘(A) Internal oversight. for the 2008–2009 biennial period and each sub- the United States for a consensus for such budg- ‘‘(B) Human rights. sequent biennial period by 20 percent against et until such time as such budget is reflective of ‘‘(C) Humanitarian assistance. the budgets of such organizational programs for such policies. ‘‘(D) An organizational program specified in the 2004–2005 biennial period. ‘‘(b) 22 PERCENT LIMITATION.—In accordance subparagraphs (A) through (P) of paragraph ‘‘(B) CERTIFICATION.—In accordance with sec- with section 601 of the Henry J. Hyde United (2), subject to paragraph (5). tion 601, a certification shall be required that Nations Reform Act of 2005, the Secretary may ‘‘(5) EXPENDITURE OF REMAINING AMOUNTS TO certifies that the reduction in budgets described not make a contribution to a regularly assessed CERTAIN ORGANIZATION PROGRAMS.— in subparagraph (A) has been implemented.’’. biennial budget of the United Nations in an ‘‘(A) VOLUNTARY CONTRIBUTION.—Subject to (d) EFFECTIVE DATE.—The amendment made amount greater than 22 percent of the amount not less than 30 days prior notification to Con- by subsection (c) shall take effect and apply be- calculable under subsection (c). gress and the limitation specified under sub- ginning on October 1, 2006. ‘‘(c) ANNUAL DUES.— paragraph (B), the Secretary is authorized to ‘‘(1) IN GENERAL.—For annual dues paid by make a voluntary contribution to an organiza- SEC. 102. WEIGHTED VOTING. the United States to the United Nations each tional program of the United Nations specified It shall be the policy of the United States to fiscal year, the percentage specified in sub- in subparagraphs (A) through (P) of paragraph actively pursue weighted voting with respect to section (b) shall be multiplied by one-half of the (2) of any amounts not contributed in a fiscal all budgetary and financial matters in the Ad- amount of the regularly assessed budget of the year to an eligible organizational program speci- ministrative and Budgetary Committee and in United Nations for a current biennial period, as fied in subparagraphs (A) through (C) of para- the General Assembly in accordance with the agreed to by resolution of the General Assembly. graph (4). level of the financial contribution of a Member ‘‘(2) CALCULATION WITH RESPECT TO CERTAIN ‘‘(B) 10 PERCENT LIMITATION.—A voluntary State to the regular assessed budget of the ORGANIZATIONAL PROGRAMS FOR REDIRECTION.— contribution under subparagraph (A) to an or- United Nations. H4620 CONGRESSIONAL RECORD — HOUSE June 16, 2005 SEC. 103. BUDGET CERTIFICATION REQUIRE- and subject to Security Council approval by a (4) The OIOS may, sua sponte, initiate and MENTS. majority vote. The IOB shall be responsible to conduct an investigation or audit of any entity, (a) CERTIFICATION.—In accordance with sec- the Security Council and the Director and board bureau, division, department, specialized agen- tion 601, a certification shall be required that members shall each serve terms of six years, ex- cy, employee (including the Secretary General) certifies that the conditions described in sub- cept that the terms of the initial board shall be of the United Nations, including any employee section (b) have been satisfied. staggered so that no more than two board mem- of the specialized agencies of the United Na- (b) CONDITIONS.—The conditions under this bers’ terms will expire in any one year. No board tions, or contractor or consultant for the United subsection are the following: member may serve more than two terms. An IOB Nations or its specialized agencies. (1) NEW BUDGET PRACTICES FOR THE UNITED board member may be removed for cause by a (5) At least every three months and more fre- NATIONS.—The United Nations is implementing majority vote of the Security Council. The Di- quently when appropriate, the OIOS shall sub- budget practices that— rector shall appoint a professional staff headed mit to the IOB a report containing an inventory (A) require the maintenance of a budget not by a Chief of Staff and may employ contract and status of its investigations. in excess of the level agreed to by the General staff as needed. (6) The OIOS shall establish procedures for Assembly at the beginning of each United Na- (3) The IOB shall receive operational and providing ‘‘whistle-blower’’ status and employ- tions budgetary biennium, unless increases are budgetary funding through appropriations by ment protections for all employees of the United agreed to by consensus and do not exceed ten the General Assembly from existing levels of Nations, including employees of the specialized percent; and United Nations budgetary and personnel re- agencies of the United Nations, who provide in- (B) require the identification of expenditures sources, and shall not be dependent upon any formational leads and testimony related to alle- by the United Nations by functional categories other entity, bureau, division, department, or gations of wrongdoing. Such procedures shall be such as personnel, travel, and equipment. specialized agency of the United Nations for adopted throughout the United Nations. Such (2) PROGRAM EVALUATION.— such funding. status and protection may not be conferred on (A) EXISTING AUTHORITY.—The Secretary Gen- (4) While the IOB shall have the authority to eral and the Director General of each special- the Secretary General. evaluate all operations of the United Nations, (7) The OIOS shall annually publish a public ized agency have used their existing authorities the primary mission of the IOB is to oversee the to require program managers within the United report determining the proper number, distribu- Office of Internal Oversight Services and the tion, and expertise of auditors within the OIOS Nations Secretariat and the Secretariats of the Board of External Auditors. The IOB may direct specialized agencies to conduct evaluations in necessary to carry out present and future duties the Office of Internal Oversight Services or the of the OIOS, including assessing the staffing re- accordance with the standardized methodology Board of External Auditors to initiate, abandon, referred to in subparagraph (B) of— quirements needed to audit United Nations con- or modify the scope of an investigation. Every tracting activities throughout the contract cycle (i) United Nations programs approved by the three months or more frequently when appro- General Assembly; and from the bid process to contract performance. priate, the IOB shall submit, as appropriate, to (8) Not later than six months after the date of (ii) programs of the specialized agencies. the Secretary General, the Security Council, the (B) DEVELOPMENT OF EVALUATION CRITERIA.— the enactment of this Act, the Director shall es- General Assembly, or the Economic and Social (i) UNITED NATIONS.—The Office of Internal tablish a position of Associate Director of OIOS Council a report on its activities, relevant obser- Oversight Services has developed a standardized for Specialized Agencies and Funds and Pro- vations, and recommendations relating to its methodology for the evaluation of United Na- grams who shall be responsible for supervising audit operations, including information relating tions programs approved by the General Assem- the OIOS liaison or oversight duties for each of to the inventory and status of investigations by bly, including specific criteria for determining the specialized agencies and funds and pro- the Office of Internal Oversight Services. the continuing relevance and effectiveness of grams of the United Nations. With the concur- (5) In extraordinary circumstances and with the programs. rence of the Director, the Associate Director of the concurrence of the Secretary General or the (ii) SPECIALIZED AGENCIES.—Patterned on the OIOS for Specialized Agencies and Funds and Security Council by majority vote, the IOB may work of the Office of Internal Oversight Services Programs may, from existing levels of United augment the Office of Internal Oversight Serv- of the United Nations, each specialized agency Nations budgetary and personnel resources, hire ices with a special investigator and staff con- has developed a standardized methodology for and appoint necessary OIOS staff, including sisting of individuals who are not employees of the evaluation of the programs of the agency, staff serving within and located at specialized the United Nations, to investigate matters in- including specific criteria for determining the agencies and funds and programs permanently volving senior officials of the United Nations or continuing relevance and effectiveness of the or as needed to liaison with existing audit func- of its specialized agencies when allegations of programs. tions within each specialized agency and fund serious misconduct have been made and such a (C) REPORT.—The Secretary General is assess- and program. special investigation is necessary to maintain ing budget requests and, on the basis of evalua- (9) Not later than six months after the date of public confidence in the integrity of the inves- tions conducted under subparagraph (B) for the the enactment of this Act, the Director shall es- tigation. A special investigator and staff shall relevant preceding year, submits to the General tablish a position of Associate Director of OIOS comply with all United Nations financial disclo- Assembly a report containing the results of such for Peacekeeping Operations, who shall be re- sure and conflict of interest rules, including the evaluations, identifying programs that have sat- sponsible for the oversight and auditing of the filing of an individual Annual Financial Disclo- isfied the criteria for continuing relevance and field offices attached to United Nations peace- sure Form in accordance with subsection (c). effectiveness, and an identification of programs keeping operations. The Associate Director of (6) The IOB shall recommend annual budgets that have not satisfied such criteria and should OIOS for Peacekeeping Operations shall receive for the Office of Internal Oversight Services and be terminated. informational leads and testimony from any per- the Board of External Auditors. (D) SUNSET OF PROGRAMS.—Consistent with son regarding allegations of wrongdoing by (b) CERTIFICATION OF UNITED NATIONS RE- the July 16, 1997, recommendations of the Sec- United Nations officials or peacekeeping troops FORMS OF THE OFFICE OF INTERNAL OVERSIGHT retary General regarding a sunset policy and re- or regarding inefficiencies associated with SERVICES.—In accordance with section 601, a sults-based budgeting for United Nations pro- certification shall be required that certifies that United Nations peacekeeping operations. The grams, the United Nations and each specialized the following reforms related to the Office of In- Associate Director of OIOS for Peacekeeping agency has established and is implementing pro- ternal Oversight Services (OIOS) have been Operations shall be responsible for initiating, cedures to require all new programs approved by adopted by the United Nations: conducting, and overseeing investigations with- the General Assembly to have a specific sunset (1) The OIOS is designated as an independent in peacekeeping operations. date. entity within the United Nations. The OIOS (10) Not later than six months after the date SEC. 104. ACCOUNTABILITY. shall not be subject to budget authority or orga- of the enactment of this Act, the Director shall (a) CERTIFICATION OF CREATION OF INDE- nizational authority of any entity within the establish a position of Associate Director of PENDENT OVERSIGHT BOARD.—In accordance United Nations except as provided in this sec- OIOS for Procurement and Contract Integrity, with section 601, a certification shall be required tion. who shall be responsible for auditing and in- that certifies that the following reforms related (2) The regular assessed budget of the United specting procurement and contracting win the to the establishment of an Independent Over- Nations shall fully fund the Internal Oversight United Nations, including within the specialized sight Board (IOB) have been adopted by the Budget from existing levels of United Nations agencies. The Associate Director of OIOS for United Nations: budgetary and personnel resources and shall Procurement and Contract Integrity shall re- (1) An IOB is established from existing United not be dependent upon any other entity, bu- ceive informational leads and testimony from Nations budgetary and personnel resources. Ex- reau, division, department, or specialized agen- any person regarding allegations of wrongdoing cept as provided in this subsection, the IOB cy of the United Nations for such funding. by United Nations officials or regarding ineffi- shall be an independent entity within the (3) All United Nations officials, including offi- ciencies associated with United Nations procure- United Nations and shall not be subject to budg- cials from any entity, bureau, division, depart- ment or contracting activities. The Associate Di- et authority or organizational authority of any ment, or specialized agency of the United Na- rector of OIOS for Procurement and Contract entity within the United Nations. tions, may— Integrity shall be responsible for initiating, con- (2) The head of the IOB shall be a Director, (A) make a recommendation to the OIOS to ducting, and overseeing investigations of pro- who shall be nominated by the Secretary Gen- initiate an investigation of any aspect of the curement and contract activities. Not later than eral and who shall be subject to Security Coun- United Nations; or 12 months after the establishment of the position cil approval by a majority vote. The IOB shall (B) report to the OIOS information or allega- of Associate Director of OIOS for Procurement also consist of four other board members who tions of misconduct or inefficiencies within the and Contract Integrity, the Director, with the shall be nominated by the Secretary General United Nations. assistance of the Associate Director of OIOS for June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4621

Procurement and Contract Integrity, shall un- tion related to travel and per diem payments (1) IN GENERAL.—To avoid duplicative efforts dertake a review of contract procedures to en- made from United Nations funds to any person; and funding with respect to Palestinian inter- sure that practices and policies are in place to and ests and to ensure balance in the approach to ensure that— (G) proposals for annual disclosure to the Israeli–Palestinian issues, the Secretary shall, (A) the United Nations has ceased issuing sin- public of information related to travel and per not later than 60 days after the date of the en- gle bid contracts except for such contracts diem rates and payments made from United Na- actment of this Act— issued during an emergency situation that is tions funds to any person. (A) conduct an audit of the functions of the justified by the Under Secretary General for (d) CERTIFICATION OF UNITED NATIONS ESTAB- entities listed in paragraph (2); and Management; LISHMENT OF POSITION OF CHIEF OPERATING OF- (B) submit to the appropriate congressional (B) the United Nations has established effec- FICER.—In accordance with section 601, a cer- committees a report containing recommendations tive controls to prevent conflicts of interest in tification shall be required that certifies that the for the elimination of such duplicative entities the award of contracts; and following reforms related to the establishment of and efforts. (C) the United Nations has established effec- the position of a Chief Operating Officer have (2) ENTITIES.—The entities referred to in para- tive procedures and policies to ensure effective been adopted by the United Nations: graph (1) are the following: and comprehensive oversight and monitoring of (1) There is established the position of Chief (A) The United Nations Division for Pales- United Nations contract performance. Operating Officer (COO). The COO shall report tinian Rights. (c) CERTIFICATION OF ESTABLISHMENT OF to the Secretary General. (B) The Committee on the Exercise of the In- UNITED NATIONS OFFICE OF ETHICS.—In accord- (2) The COO shall be responsible for formu- alienable Rights of the Palestinian People. ance with section 601, a certification shall be re- lating general policies and programs for the (C) The United Nations Special Coordinator quired that certifies that the following reforms United Nations in coordination with the Sec- for the Middle East Peace Process and Personal related to the establishment of a United Nations retary General and in consultation with the Se- Representative to the Palestine Liberation Orga- Office of Ethics have been adopted by the curity Council and the General Assembly. The nization and the Palestinian Authority. United Nations: COO shall be responsible for the daily adminis- (D) The NGO Network on the Question of Pal- (1) A United Nations Office of Ethics (UNOE) tration, operation and supervision, and the di- estine. is established. The UNOE shall be an inde- rection and control of the business of the United (c) IMPLEMENTATION BY PERMANENT REP- pendent entity within the United Nations and Nations. The Chief Operating Officer shall also RESENTATIVE.— shall not be subject to budget authority or orga- perform such other duties and may exercise such (1) IN GENERAL.—The President shall direct nizational authority of any entity within the other powers as from time to time may be as- the United States Permanent Representative to United Nations. The UNEO shall be responsible signed to the COO by the Secretary General. the United Nations to use the voice, vote, and for establishing, managing, and enforcing a (e) CERTIFICATION OF ACCESS BY MEMBER influence of the United States at the United Na- code of ethics for all employees of United Na- STATES TO REPORTS AND AUDITS BY BOARD OF tions to seek the implementation of the rec- tions and its specialized agencies. The UNEO EXTERNAL AUDITORS.—In accordance with sec- ommendations contained in the report required shall also be responsible for providing such em- tion 601, a certification shall be required that under subsection (b)(1). ployees with annual training related to such certifies that Member States may, upon request, (2) WITHHOLDING OF FUNDS.—Until such rec- code. The head of the UNEO shall be a Director have access to all reports and audits completed ommendations have been implemented, the who shall be nominated by the Secretary Gen- by the Board of External Auditors. United States shall withhold from United States eral and who shall be subject to Security Coun- SEC. 105. TERRORISM AND THE UNITED NATIONS. contributions to the regular assessed budget of cil approval by majority vote. the United Nations for a biennial period (2) The UNEO shall receive operational and The President shall direct the United States amounts that are proportional to the percentage budgetary funding through appropriations by Permanent Representative to the United Nations of such budget that are expended for such enti- the General Assembly from existing levels of to use the voice, vote, and influence of the ties. United Nations budgetary and personnel re- United States at the United Nations to work to- (d) GAO AUDIT.—The Comptroller General of sources and shall not be dependent upon any ward adoption by the General Assembly of— the United States of the Government Account- other entity, bureau, division, department, or (1) a definition of terrorism that builds upon ability Office shall conduct an audit of— specialized agency of the United Nations for the recommendations of the Secretary General’s (1) the status of the implementation of the rec- such funding. High-Level Panel on Threats, Challenges, and ommendations contained in the report required (3) The Director of the UNEO shall, not later Change, and includes as an essential component under subsection (b)(1); and than six months after the date of its establish- of such definition any action that is intended to (2) United States actions and achievements ment, publish a report containing proposals for cause death or serious bodily harm to civilians under subsection (c). implementing a system for the filing and review with the purpose of intimidating a population or of individual Annual Financial Disclosure compelling a government or an international or- SEC. 108. REPORT ON UNITED NATIONS REFORM. Forms by each employee of the United Nations, ganization to do, or abstain from doing, any (a) IN GENERAL.—Not later than 180 days including by each employee of its specialized act; and after the date of the enactment of this Act, and agencies, at the P–5 level and above and by all (2) a comprehensive convention on terrorism one year thereafter, the Secretary shall submit contractors and consultants compensated at any that includes the definition described in para- to the appropriate congressional committees a salary level. Such system shall be in place and graph (1). report on United Nations reform since 1990. operational not later than six months after the SEC. 106. UNITED NATIONS TREATY BODIES. (b) CONTENTS.—The report required under date of the publication of the report. Such com- The United States shall withhold from United paragraph (1) shall describe— (1) the status of the implementation of man- pleted forms shall be made available to the Of- States contributions to the regular assessed agement reforms within the United Nations and fice of Internal Oversight Services at the request budget of the United Nations for a biennial pe- its specialized agencies; of the Director of the Office of Internal Over- riod amounts that are proportional to the per- (2) the number of outputs, reports, or other sight Services. Such system shall seek to identify centage of such budget that are expended with items generated by General Assembly resolutions and prevent conflicts of interest by United Na- respect to a United Nations human rights treaty that have been eliminated; tions employees and shall be comparable to the monitoring body or committee that was estab- (3) the progress of the General Assembly to system used for such purposes by the United lished by— modernize and streamline the committee struc- States Government. Such report shall also ad- (1) a convention (without any protocols) or an ture and its specific recommendations on over- dress broader reforms of the ethics program for international covenant (without any protocols) sight and committee outputs, consistent with the the United Nations, including— to which the United States is not party; or March 2005 report of the Secretary General enti- (A) the effect of the establishment of ethics of- (2) a convention, with a subsequent protocol, tled ‘‘In larger freedom: towards development, ficers throughout all organizations within the if the United States is a party to neither. security and human rights for all’’; United Nations; SEC. 107. EQUALITY AT THE UNITED NATIONS. (B) the effect of retention by the UNEO of An- (a) INCLUSION OF ISRAEL IN WEOG.— (4) the status of the review by the General As- nual Financial Disclosure Forms; (1) IN GENERAL.—The President shall direct sembly of all mandates older than five years and (C) proposals for making completed Annual the United States Permanent Representative to how resources have been redirected to new chal- Financial Disclosure Forms available to the the United Nations to use the voice, vote, and lenges, consistent with such March 2005 report public on request through their Member State’s influence of the United States to expand the of the Secretary General; and mission to the United Nations; Western European and Others Group (WEOG) (5) the continued utility and relevance of the (D) proposals for annual disclosure to the in the United Nations to include Israel as a per- Economic and Financial Committee and the So- public of information related to the annual sala- manent member with full rights and privileges. cial, Humanitarian, and Cultural Committee, in ries and payments, including pension payments (2) NOTIFICATION TO CONGRESS.—Not later light of the duplicative agendas of those commit- and buyouts, of employees of the United Na- than six months after the date of the enactment tees and the Economic and Social Council. tions, including employees of its specialized of this Act and every six months thereafter for SEC. 109. REPORT ON UNITED NATIONS PER- agencies, and of consultants; the next two years, the Secretary of State shall SONNEL. (E) proposals for annual disclosure to the notify the appropriate congressional committees (a) IN GENERAL.—Not later than one year public of information related to per diem rates concerning the treatment of Israel in the United after the date of the enactment of this Act, the for all bureaus, divisions, departments, or spe- Nations and the expansion of WEOG to include Secretary of State shall submit to the appro- cialized agencies within the United Nations; Israel as a permanent member. priate congressional committees a report— (F) proposals for disclosure upon request by (b) DEPARTMENT OF STATE REVIEW AND RE- (1) concerning the progress of the General As- the Ambassador of a Member State of informa- PORT.— sembly to modernize human resource practices, H4622 CONGRESSIONAL RECORD — HOUSE June 16, 2005

consistent with the March 2005 report of the (5) No human rights body has a standing (2) SPECIAL COMMITTEE ON SAFEGUARDS AND Secretary General entitled ‘‘In larger freedom: agenda item that relates only to one country or VERIFICATION.— towards development, security and human region. (A) ESTABLISHMENT.—The President shall di- rights for all’’; and (c) CERTIFICATION.—In accordance with sec- rect the United States Permanent Representative (2) containing the information described in tion 601, a certification shall be required that to the IAEA to use the voice, vote, and influence subsection (b). certifies that the human rights reforms described of the United States at the IAEA to establish a (b) CONTENTS.—The report shall include— under subsection (b) have been adopted by the Special Committee on Safeguards and (1) a comprehensive evaluation of human re- United Nations. Verification. sources reforms at the United Nations, including (d) PREVENTION OF ABUSE OF ‘‘NO ACTION’’ (B) RESPONSIBILITIES.—The Special Committee an evaluation of— MOTIONS.—The United States Permanent Rep- shall— (A) tenure; resentative shall work to prevent abuse of ‘‘no (i) improve the ability of the IAEA to monitor (B) performance reviews; action’’ motions, particularly as such motions and enforce compliance by Member States of the (C) the promotion system; relate to country specific resolutions. IAEA with the Nuclear Nonproliferation Treaty (D) a merit-based hiring system and enhanced (e) OFFICE OF THE UNITED NATIONS HIGH and the Statute of the International Atomic En- regulations concerning termination of employ- COMMISSIONER FOR HUMAN RIGHTS.— ergy Agency; and ment of employees; and (1) STATEMENT OF POLICY.—It shall be the pol- (ii) consider which additional measures are (E) the implementation of a code of conduct icy of the United States to continue to strongly necessary to enhance the ability of the IAEA, and ethics training; support the Office of the United Nations High beyond the verification mechanisms and au- (2) the implementation of a system of proce- Commissioner for Human Rights. thorities contained in the Additional Protocol to dures for filing complaints and protective meas- (2) CERTIFICATION.—In accordance with sec- the Safeguards Agreements between the IAEA ures for work-place harassment, including sex- tion 601, a certification shall be required that and Member States of the IAEA, to detect with ual harassment; certifies that the Office of the United Nations a high degree of confidence undeclared nuclear (3) policy recommendations relating to the es- High Commissioner for Human Rights has been activities by a Member State. tablishment of a rotation requirement for non- given greater authority in field operation activi- (3) PENALTIES.— administrative positions; ties, such as in the Darfur region of Sudan and (A) IN GENERAL.—The President shall direct (4) policy recommendations relating to the es- in the Democratic Republic of the Congo, in fur- the United States Permanent Representative to tablishment of a prohibition preventing per- therance of the purpose and mission of the the IAEA to use the voice, vote, and influence of sonnel and officials assigned to the mission of a United Nations. the United States at the IAEA to ensure that a Member State to the United Nations from trans- SEC. 202. ECONOMIC AND SOCIAL COUNCIL Member State of the IAEA that is under inves- ferring to a position within the United Nations (ECOSOC). tigation for a breach of or noncompliance with Secretariat that is compensated at the P–5 level (a) STATEMENT OF POLICY.—It shall be the its IAEA obligations or the purposes and prin- and above; policy of the United States to use its voice, vote, ciples of the Charter of the United Nations has (5) policy recommendations relating to a re- and influence at the United Nations to— its privileges suspended, including— duction in travel allowances and attendant (1) abolish secret voting in the Economic and (i) limiting its ability to vote on its case; oversight with respect to accommodations and Social Council (ECOSOC); (ii) being prevented from receiving any tech- airline flights; and (2) ensure that, until such time as the Com- nical assistance; and (6) an evaluation of the recommendations of mission on Human Rights of the United Nations (iii) being prevented from hosting meetings. the Secretary General relating to greater flexi- is abolished, only countries that are not ineli- (B) TERMINATION OF PENALTIES.—The pen- bility for the Secretary General in staffing deci- gible for membership on a human rights body in alties specified under subparagraph (A) shall be sions to accommodate changing priorities. accordance with paragraph (1) through (4) of terminated when such investigation is con- section 201(b) shall be considered for member- cluded and such Member State is no longer in TITLE II—HUMAN RIGHTS AND THE ECO- ship on the Commission on Human Rights; and such breach or noncompliance. NOMIC AND SOCIAL COUNCIL (ECOSOC) (3) ensure that after candidate countries are (b) UNITED STATES CONTRIBUTIONS.— SEC. 201. HUMAN RIGHTS. nominated for membership on the Commission (1) VOLUNTARY CONTRIBUTIONS.—Voluntary (a) STATEMENT OF POLICY.—It shall be the on Human Rights, the Economic and Social contributions of the United States to the IAEA policy of the United States to use its voice, vote, Council conducts a recorded vote to determine should primarily be used to fund activities relat- and influence at the United Nations to ensure such membership. ing to Nuclear Safety and Security or activities that a credible and respectable Human Rights (b) CERTIFICATION.—In accordance with sec- relating to Nuclear Verification. Council or other human rights body is estab- tion 601, a certification shall be required that (2) LIMITATION ON USE OF FUNDS.—The Presi- lished within the United Nations whose partici- certifies that the policies described in subsection dent shall direct the United States Permanent pating Member States uphold the values em- (a) have been implemented by the Economic and Representative to the IAEA to use the voice, bodied in the Universal Declaration of Human Social Council. vote, and influence of the United States at the Rights. TITLE III—INTERNATIONAL ATOMIC IAEA to— (b) HUMAN RIGHTS REFORMS AT THE UNITED ENERGY AGENCY (A) ensure that funds for safeguards inspec- NATIONS.—The President shall direct the United SEC. 301. INTERNATIONAL ATOMIC ENERGY tions are prioritized for countries that have States Permanent Representative to the United AGENCY. newly established nuclear programs or are initi- Nations to ensure that the following human (a) ENFORCEMENT AND COMPLIANCE.— ating nuclear programs; and rights reforms have been adopted by the United (1) OFFICE OF COMPLIANCE.— (B) block the allocation of funds for any other Nations: (A) ESTABLISHMENT.—The President shall di- IAEA development, environmental, or nuclear (1) A Member State that fails to uphold the rect the United States Permanent Representative science assistance or activity to a country— values embodied in the Universal Declaration of to International Atomic Energy Agency (IAEA) (i) the government of which the Secretary of Human Rights shall be ineligible for membership to use the voice, vote, and influence of the State has determined, for purposes of section 6(j) on any United Nations human rights body. United States at the IAEA to establish an Office of the Export Administration Act of 1979, section (2) A Member State shall be ineligible for mem- of Compliance in the Secretariat of the IAEA. 620A of the Foreign Assistance Act of 1961, sec- bership on any United Nations human rights (B) OPERATION.—The Office of Compliance tion 40 of the Arms Export Control Act, or other body if such Member State is— shall— provision of law, is a government that has re- (A) subject to sanctions by the Security Coun- (i) function as an independent body composed peatedly provided support for acts of inter- cil; or of technical experts who shall work in consulta- national terrorism and the government of which (B) under a Security Council-mandated inves- tion with IAEA inspectors to assess compliance the Secretary has determined has not disman- tigation for human rights abuses. by IAEA Member States and provide rec- tled and surrendered its weapons of mass de- (3) A Member State that is currently subject to ommendations to the IAEA Board of Governors struction programs under international an adopted country specific resolution, in the concerning penalties to be imposed on IAEA verification; principal body in the United Nations for the Member States that fail to fulfill their obliga- (ii) that is under investigation for a breach of promotion and protection of human rights, re- tions under IAEA Board resolutions; or noncompliance with its IAEA obligations or lating to human rights abuses perpetrated by (ii) base its assessments and recommendations the purposes and principles of the Charter of the government of such country in such coun- on IAEA inspection reports; and the United Nations; or try, or has been the subject of such an adopted (iii) shall take into consideration information (iii) that is in violation of its IAEA obligations country specific resolution in such principal provided by IAEA Board Members that are one or the purposes and principles of the Charter of body within the previous three years, shall be of the five nuclear weapons states as recognized the United Nations. ineligible for membership on any United Nations by the Treaty on the Non-Proliferation of Nu- (3) DETAIL OF EXPENDITURES.—The President human rights body. For purposes of this sub- clear Weapons (21 UST 483) (commonly referred shall direct the United States Permanent Rep- section, an adopted country specific resolution to as the ‘‘Nuclear Nonproliferation Treaty’’ or resentative to the IAEA to use the voice, vote, shall not include consensus resolutions on advi- the ‘‘NPT’’). and influence of the United States at the IAEA sory services. (C) STAFFING.—The Office of Compliance shall to secure, as part of the regular budget presen- (4) A Member State that violates the principles be staffed from existing personnel in the Depart- tation of the IAEA to Member States of the of a United Nations human rights body to which ment of Safeguards of the IAEA or the Depart- IAEA, a detailed breakdown by country of ex- it aspires to join shall be ineligible for member- ment of Nuclear Safety and Security of the penditures of the IAEA for safeguards inspec- ship on such body. IAEA. tions and nuclear security activities. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4623

(c) MEMBERSHIP.— (ii) Long-standing operations that are static (D) INVESTIGATIONS.—A permanent, profes- (1) IN GENERAL.—The President shall direct and cannot fulfill their mandate should be sional, and independent investigative body the United States Permanent Representative to downsized or closed. should be established and introduced into the IAEA to use the voice, vote, and influence of (iii) Where there is legitimate concern that the United Nations peacekeeping operations. In par- the United States at the IAEA to block the mem- withdrawal from a country of an otherwise stat- ticular— bership on the Board of Governors of the IAEA ic United Nations peacekeeping operation would (i) the investigative body should include pro- for a Member State of the IAEA that has not result in the resumption of major conflict, a bur- fessionals with experience in investigating sex signed and ratified the Additional Protocol den-sharing arrangement that reduces the level crimes, as well as experts who can provide guid- and— of assessed contributions, similar to that cur- ance on standards of proof and evidentiary re- (A) is under investigation for a breach of or rently supporting the United Nations Peace- quirements necessary for any subsequent legal noncompliance with its IAEA obligations or the keeping Force in Cyprus, should be explored action; purposes and principles of the Charter of the and instituted. (ii) provisions should be included in a Model United Nations; or (C) LEADERSHIP.—As peacekeeping operations Memorandum of Understanding that obligate (B) that is in violation of its IAEA obligations become larger and increasingly complex, the Member States that contribute troops to a peace- or the purposes and principles of the Charter of Secretariat should adopt a minimum standard of keeping operation to designate a military pros- the United Nations. qualifications for senior leaders and managers, ecutor who will participate in any investigation (2) CRITERIA.—The United States Permanent with particular emphasis on specific skills and into an allegation of misconduct brought Representative to the IAEA shall make every ef- experience, and current senior leaders and man- against an individual of such Member State, so fort to modify the criteria for Board membership agers who do not meet those standards should that evidence is collected and preserved in a to reflect the principles described in paragraph be removed or reassigned. manner consistent with the military law of such (1). (D) PRE-DEPLOYMENT TRAINING.—Pre-deploy- Member State; (d) REPORT.—Not later than six months after ment training on interpretation of the mandate (iii) the investigative body should be region- the date of the enactment of this Act and annu- of the operation, specifically in the areas of use ally based to ensure rapid deployment and ally for two years thereafter, the President shall of force, civilian protection and field conditions, should be equipped with modern forensics equip- submit to the appropriate congressional commit- the Code of Conduct, HIV/AIDS, and human ment for the purpose of positively identifying tees a report on the implementation of this sec- rights should be mandatory, and all personnel, perpetrators and, where necessary, for deter- tion. regardless of category or rank, should be re- mining paternity; and SEC. 302. SENSE OF CONGRESS REGARDING THE quired to sign an oath that each has received (iv) the investigative body should report di- NUCLEAR SECURITY ACTION PLAN and understands such training as a condition of rectly to the Associate Director of OIOS for OF THE IAEA. participation in the operation. Peacekeeping Operations, while providing cop- It is the sense of Congress that the national (2) CONDUCT AND DISCIPLINE.— ies of any reports to the Department of Peace- security interests of the United States are en- (A) ADOPTION OF A UNIFORM CODE OF CON- keeping Operations, the Head of Mission, and hanced by the Nuclear Security Action Plan of DUCT.—A single, uniform Code of Conduct that the Member State concerned. the IAEA and the Board of Governors should has the status of a binding rule and applies (E) FOLLOW-UP.—A dedicated unit, similar to recommend, and the General Conference should equally to all personnel serving in United Na- the Personnel Conduct Units, staffed and fund- adopt, a resolution incorporating the Nuclear tions peacekeeping operations, regardless of cat- ed through existing resources, should be estab- Security Action Plan into the regular budget of egory or rank, should be promulgated, adopted, lished within the headquarters of the United the IAEA. and enforced. Nations Department of Peacekeeping Operations (B) UNDERSTANDING THE CODE OF CONDUCT.— and tasked with— TITLE IV—PEACEKEEPING All personnel, regardless of category or rank, (i) promulgating measures to prevent mis- SEC. 401. SENSE OF CONGRESS REGARDING RE- should receive training on the Code of Conduct conduct; FORM OF UNITED NATIONS PEACE- prior to deployment with a peacekeeping oper- (ii) coordinating allegations of misconduct, KEEPING OPERATIONS. ation, in addition to periodic follow-on training. and reports received by field personnel; and It is the sense of Congress that— In particular— (iii) gathering follow-up information on com- (1) although United Nations peacekeeping op- (i) all personnel, regardless of category or pleted investigations, particularly by focusing erations have contributed greatly toward the rank, should be provided with a personal copy on disciplinary actions against the individual promotion of peace and stability for the past 57 of the Code of Conduct that has been translated concerned taken by the United Nations or by years and the majority of peacekeeping per- into the national language of such personnel, the Member State that is contributing troops to sonnel who have served under the United Na- regardless of whether such language is an offi- which such individual belongs, and sharing tions flag have done so with honor and courage, cial language of the United Nations; such information with the Security Council, the the record of United Nations peacekeeping has (ii) all personnel, regardless of category or Head of Mission, and the community hosting been severely tarnished by operational failures rank, should sign an oath that each has re- the peacekeeping operation. and unconscionable acts of misconduct; and ceived a copy of the Code of Conduct, that each (F) FINANCIAL LIABILITY AND VICTIMS ASSIST- (2) if the reputation of and confidence in pledges to abide by the Code of Conduct, and ANCE.—Although peacekeeping operations United Nations peacekeeping operations is to be that each understands the consequences of vio- should provide immediate medical assistance to restored, fundamental and far-reaching reforms, lating the Code of Conduct, including immediate victims of sexual abuse or exploitation, the re- particularly in the areas of planning, manage- termination of the participation of such per- sponsibility for providing longer-term treatment, ment, training, conduct, and discipline, must be sonnel in the peacekeeping operation to which care, or restitution lies solely with the indi- implemented without delay. such personnel is assigned as a condition of ap- vidual found guilty of the misconduct. In par- SEC. 402. STATEMENT OF POLICY RELATING TO pointment to such operation; and ticular, the following reforms should be imple- REFORM OF UNITED NATIONS (iii) peacekeeping operations should conduct mented: PEACEKEEPING OPERATIONS. educational outreach programs to reach local (i) The United Nations should not assume re- It shall be the policy of the United States to communities where peacekeeping personnel of sponsibility for providing long-term treatment or pursue reform of United Nations peacekeeping such operations are based, including explaining compensation by creating a ‘‘Victims Trust operations in the following areas: prohibited acts on the part of United Nations Fund’’, or any other such similar fund, fi- (1) PLANNING AND MANAGEMENT.— peacekeeping personnel and identifying the in- nanced through assessed contributions to (A) GLOBAL AUDIT.—As the size, cost, and dividual to whom the local population may di- United Nations peacekeeping operations, there- number of United Nations peacekeeping oper- rect complaints or file allegations of exploi- by shielding individuals from personal liability ations have increased substantially over the tation, abuse, or other acts of misconduct. and reinforcing an atmosphere of impunity. past decade, an independent audit of each such (C) MONITORING MECHANISMS.—Dedicated (ii) If an individual responsible for misconduct operation, with a view toward ‘‘right-sizing’’ monitoring mechanisms, such as the Personnel has been repatriated, reassigned, redeployed, or operations and ensuring that such operations Conduct Units already deployed to support is otherwise unable to provide assistance, re- are cost effective, should be conducted and its United Nations peacekeeping operations in sponsibility for providing assistance to a victim findings reported to the Security Council. Haiti, Liberia, Burundi, and the Democratic Re- should be assigned to the Member State that (B) REVIEW OF MANDATES AND CLOSING OPER- public of Congo, should be present in each oper- contributed the troops to which such individual ATIONS.—In conjunction with the audit de- ation to monitor compliance with the Code of belonged or to the manager concerned. scribed in subparagraph (A), the United Nations Conduct, and— (iii) In the case of misconduct by a member of Department of Peacekeeping Operations should (i) should report simultaneously to the Head a military contingent, appropriate funds shall conduct a comprehensive review of all United of Mission, the United Nations Department of be withheld from the troop contributing country Nations peacekeeping operation mandates, with Peacekeeping Operations, and the Associate Di- concerned. a view toward identifying objectives that are rector of OIOS for Peacekeeping Operations (es- (iv) In the case of misconduct by a civilian practical and achievable, and report its findings tablished under section 104(b)(10)); and employee or contractor of the United Nations, to the Security Council. In particular, the re- (ii) should be tasked with designing and im- appropriate wages shall be garnished from such view should consider the following: plementing mission-specific measures to prevent individual or fines shall be imposed against such (i) Activities that fall beyond the scope of tra- misconduct, conduct follow-on training for per- individual, consistent with existing United Na- ditional peacekeeping activities should be dele- sonnel, coordinate community outreach pro- tions Staff Rules. gated to a new Peacebuilding Commission, de- grams, and assist in investigations, as OIOS de- (G) MANAGERS AND COMMANDERS.—The man- scribed in paragraph (3). termines necessary and appropriate. ner in which managers and commanders handle H4624 CONGRESSIONAL RECORD — HOUSE June 16, 2005 cases of misconduct by those serving under them and (G) of paragraph (2) may be waived until committed by an individual of such Member should be included in their individual perform- January 1, 2007, if the President determines that State. ance evaluations, so that managers and com- such is in the national interest of the United (G) A professional and independent investiga- manders who take decisive action to deter and States. If the President makes such a determina- tive and audit function has been established address misconduct are rewarded, while those tion, the President shall, not later than 15 days within the United Nations Department of Peace- who create a permissive environment or impede before the exercise of such waiver, notify the ap- keeping Operations and the OIOS to monitor investigations are penalized or relieved of duty, propriate congressional committees of such de- United Nations peacekeeping operations. as appropriate. termination and resulting waiver. TITLE V—DEPARTMENT OF STATE AND (H) DATA BASE.—A centralized data base (2) CERTIFICATION OF PEACEKEEPING OPER- GOVERNMENT ACCOUNTABILITY OFFICE should be created and maintained within the ATIONS REFORMS.—The certification referred to United Nations Department of Peacekeeping in paragraph (1) is a certification made by the SEC. 501. POSITIONS FOR UNITED STATES CITI- Operations to track cases of misconduct, includ- Secretary to the appropriate congressional com- ZENS AT INTERNATIONAL ORGANI- ing the outcome of investigations and subse- mittees that the following reforms, or an equiva- ZATIONS. quent prosecutions, to ensure that personnel lent set of reforms, related to peacekeeping oper- The Secretary of State shall make every effort who have engaged in misconduct or other crimi- ations have been adopted by the United Nations to recruit United States citizens for positions nal activities, regardless of category or rank, are Department of Peacekeeping Operations or the within international organizations. permanently barred from participation in future General Assembly, as appropriate: SEC. 502. BUDGET JUSTIFICATION FOR REGULAR peacekeeping operations. (A) A single, uniform Code of Conduct that ASSESSED BUDGET OF THE UNITED (I) WELFARE.—Peacekeeping operations has the status of a binding rule and applies NATIONS. should assume responsibility for maintaining a equally to all personnel serving in United Na- (a) DETAILED ITEMIZATION.—The annual con- minimum standard of welfare for mission per- tions peacekeeping operations, regardless of cat- gressional budget justification shall include a sonnel to ameliorate conditions of service, while egory or rank, has been adopted by the General detailed itemized request in support of the as- adjustments are made to the discretionary wel- Assembly and mechanisms have been established sessed contribution of the United States to the fare payments currently provided to Member for training such personnel concerning the re- regular assessed budget of the United Nations. States that contribute troops to offset the cost of quirements of the Code and enforcement of the (b) CONTENTS OF DETAILED ITEMIZATION.— operation-provided recreational facilities. Code. The detailed itemization required under sub- (3) PEACEBUILDING COMMISSION.— (B) All personnel, regardless of category or section (a) shall— (A) ESTABLISHMENT.—Consistent with the rec- rank, serving in a peacekeeping operation have (1) contain information relating to the ommendations of the High Level Panel Report, been trained concerning the requirements of the amounts requested in support of each of the var- the United Nations should establish a Code of Conduct and each has been given a per- ious sections and titles of the regular assessed Peacebuilding Commission, supported by a sonal copy of the Code, translated into the na- budget of the United Nations; and Peacebuilding Support Office, to marshal the ef- tional language of such personnel. (2) compare the amounts requested for the forts of the United Nations, international finan- (C) All personnel, regardless of category or current year with the actual or estimated cial institutions, donors, and non-governmental rank, are required to sign an oath that each has amounts contributed by the United States in organizations to assist countries in transition received a copy of the Code of Conduct, that previous fiscal years for the same sections and from war to peace. each pledges to abide by the Code, and that titles. (B) STRUCTURE AND MEMBERSHIP.—The Com- each understands the consequences of violating (c) ADJUSTMENTS AND NOTIFICATION.—If the mission should— the Code, including the immediate termination United Nations proposes an adjustment to its (i) be a subsidiary body of the United Nations of the participation of such personnel in the regular assessed budget, the Secretary of State Security Council, limited in size to ensure effi- peacekeeping operation to which such personnel shall, at the time such adjustment is presented ciency; is assigned as a condition of the appointment to to the Advisory Committee on Administrative (ii) include members of the United Nations Se- such operation. and Budgetary Questions (ACABQ), notify and curity Council, major donors, major troop con- (D) All peacekeeping operations have designed consult with the appropriate congressional com- tributing countries, appropriate United Nations and implemented educational outreach pro- mittees. organizations, the World Bank, and the Inter- grams to reach local communities where peace- national Monetary Fund; and keeping personnel of such operations are based SEC. 503. REVIEW AND REPORT. (iii) invite the President of ECOSOC, regional to explain prohibited acts on the part of United Not later than six months after the date of the actors, Member States that contribute troops, re- Nations peacekeeping personnel and to identify enactment of this Act, the Secretary of State gional development banks, and other concerned the individual to whom the local population shall conduct a review of programs of the parties that are not already members, as deter- may direct complaints or file allegations of ex- United Nations that are funded through as- mined appropriate, to consult or participate in ploitation, abuse, or other acts of misconduct. sessed contributions and submit to the appro- meetings as observers. (E) A centralized data base has been created priate congressional committees a report con- (C) RESPONSIBILITIES.—The Commission and is being maintained in the United Nations taining— should seek to ease the demands currently Department of Peacekeeping Operations that (1) the findings of such review; and placed upon the Department of Peacekeeping tracks cases of misconduct, including the out- (2) recommendations relating to— Operations to undertake tasks that fall beyond comes of investigations and subsequent prosecu- (A) the continuation of such programs; and the scope of traditional peacekeeping, by— tions, to ensure that personnel, regardless of (B) which of such programs should be volun- (i) developing and integrating country-specific category or rank, who have engaged in mis- tarily funded, other than those specified in sub- and system-wide conflict prevention, post-con- conduct or other criminal activities are perma- paragraphs (A) through (R) of subsection (c)(2) flict reconstruction, and long-term development nently barred from participation in future of section 11 of the United Nations Participation policies and strategies; and peacekeeping operations. (ii) serving as the key coordinating body for Act of 1945, as amended by section 101(c) of this (F) A Model Memorandum of Understanding Act. the design and implementation of military, hu- between the United Nations and each Member manitarian, and civil administration aspects of State that contributes troops to a peacekeeping SEC. 504. GOVERNMENT ACCOUNTABILITY OF- FICE. complex missions. operation has been adopted by the United Na- (D) RESOURCES.—The establishment of the tions Department of Peacekeeping Operations (a) REPORT ON UNITED NATIONS REFORMS.— Peacebuilding Commission and the related that specifically obligates each such Member Not later than 12 months after the date of the Peacebuilding Support Office, should be staffed State to— enactment of this Act and again 12 months within existing resources. (i) designate a competent legal authority, thereafter, the Comptroller General of the SEC. 403. CERTIFICATION. preferably a prosecutor with expertise in the United States of the Government Accountability (a) NEW OR EXPANDED PEACEKEEPING OPER- area of sexual exploitation and abuse, to par- Office shall submit to the appropriate congres- ATIONS CONTINGENT UPON PRESIDENTIAL CER- ticipate in any investigation into an allegation sional committees a report on the status of the TIFICATION OF PEACEKEEPING OPERATIONS RE- of misconduct brought against an individual of 1997, 2002, and 2005 management reforms initi- FORMS.— such Member State; ated by the Secretary General and on the re- (1) NO NEW OR EXPANDED PEACEKEEPING OPER- (ii) refer to its competent national or military forms mandated by this Act. ATIONS.— authority for possible prosecution, if warranted, (b) REPORT ON DEPARTMENT OF STATE CER- (A) CERTIFICATION.—Except as provided in any investigation of a violation of the Code of TIFICATIONS.—Not later than six months after subparagraph (B), until the Secretary of State Conduct or other criminal activity by an indi- each certification submitted by the Secretary of certifies that the requirements described in para- vidual of such Member State; State to the appropriate congressional commit- graph (2) have been satisfied, the President (iii) report to the Department of Peacekeeping tees under this Act and subsection (d)(3) of sec- shall direct the United States Permanent Rep- Operations on the outcome of any such inves- tion 11 of the United Nations Participation Act resentative to the United Nations to use the tigation; of 1945 (as amended by section 101(c) of this voice, vote, and influence of the United States (iv) undertake to conduct on-site court martial Act), the Comptroller General shall submit to at the United Nations to oppose the creation of proceedings relating to allegations of mis- the appropriate congressional committees a re- new, or expansion of existing, United Nations conduct alleged against an individual of such port on each such certification. The Secretary peacekeeping operations. Member State; and shall provide the Comptroller General with any (B) EXCEPTION AND NOTIFICATION.—The re- (v) assume responsibility for the provision of information required by the Comptroller General quirements described under subparagraphs (F) appropriate assistance to a victim of misconduct to submit any such report. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4625

TITLE VI—CERTIFICATIONS AND (IX) Section 201(b)(1). (e) EFFECTIVE DATE.—The certifications (or WITHHOLDING OF CONTRIBUTIONS (X) Section 201(b)(2). alternate certifications) specified under sub- SEC. 601. CERTIFICATIONS AND WITHHOLDING (XI) Section 201(b)(3). section (a) shall be required with respect to OF CONTRIBUTIONS. (XII) Section 201(b)(5). United States contributions towards payment of (XIII) Section 202(a)(1). (a) CERTIFICATIONS.— regular assessed dues of the United Nations for (XIV) Section 202(a)(2). (1) IN GENERAL.—Except as provided in para- 2007 and subsequent years. (ii) FULL COMPLIANCE IN SUCCEEDING YEAR.— graph (3), the certifications required under sub- If the unimplemented reforms under subpara- The Acting CHAIRMAN. No amend- section (d)(3) of section 11 of the United Nations graph (A) are not implemented in the year suc- ment to the committee amendment Participation Act of 1945 (as amended by section ceeding the year to which subparagraph (A) ap- shall be in order, except those printed 101(c) of this Act) and section 103, sections plies, the provisions of subsection (b) shall apply in House Report 109–32 and amend- 104(a) through 104(e), sections 201(c) and 201(e), for such succeeding year. and section 202 of this Act are certifications sub- ments en bloc described in section 3 of (b) WITHHOLDING OF UNITED STATES CON- mitted to the appropriate congressional commit- House Resolution 319. TRIBUTIONS TO REGULAR ASSESSED BUDGET OF tees by the Secretary of State that the require- Each amendment printed in the re- THE UNITED NATIONS.— ments of each such section have been satisfied (1) IN GENERAL.—Except as provided in para- port shall be offered only in the order with respect to reform of the United Nations. graph (4) and in accordance with paragraph (2), printed in the report, may be offered (2) ALTERNATE CERTIFICATION MECHANISM.— until such time as all certifications (or alternate only by a Member designated in the re- (A) IN GENERAL.—Except as provided in para- certifications) are submitted in accordance with port, shall be considered read, shall be graph (3), in the event that the Secretary is un- subsection (a), the United States shall appro- debatable for the time specified in the able to submit a certification in accordance with priate, but withhold from expenditure, 50 per- report, equally divided and controlled paragraph (1), the Secretary may submit to the cent of the contributions of the United States to appropriate congressional committees, in accord- by the proponent and an opponent of the regular assessed budget of the United Na- the amendment, shall not be subject to ance with subparagraph (B), an alternate cer- tions for a biennial period. tification that certifies that the requirements of (2) AVAILABLE UNTIL EXPENDED.—The con- an amendment, and shall not be sub- the section to which the original certification tributions appropriated but withheld from ex- ject to a demand for division of the applies have been implemented through reforms penditure under paragraph (1) are authorized to question. that are substantially similar to the require- remain available until expended. Additional periods of general debate ments of such section or accomplish the same (3) APPLICATION WITH RESPECT TO SECTION shall be in order as follows, to be equal- purposes as the requirements of such section. 11(B) OF THE UNITED NATION PARTICIPATION ACT (B) EQUIVALENCY.—Reforms are substantially ly divided and controlled by the chair- OF 1945.—Until such time as all certifications (or man and ranking minority member of similar or accomplish the same purposes if— alternate certifications) are submitted in accord- (i) such reforms are formally adopted in writ- ance with subsection (a), subsection (b) of sec- the Committee on International Rela- ten form by the entity or committee of the tion 11 of the United Nations Participation Act tions: United Nations or of its specialized agency that of 1945 (as amended by section 101(c) of this Act) Number 1, 20 minutes prior to consid- has authority to enact or implement such re- shall be administered as though such section eration of amendments printed in sub- forms or are issued by the Secretariat or the ap- reads as follows: ‘‘The Secretary may not make part A of part 1 of the report on the propriate entity or committee in written form; a contribution to a regularly assessed biennial subject of accountability of the United and budget of the United Nations in an amount (ii) such reforms are not identical to the re- Nations; greater than 11 percent of the amount calculable Number 2, 10 minutes prior to consid- forms required by a particular certification but under subsection (c).’’. in the determination of the Secretary will have (4) SECTION 11(D)(3) OF UNITED NATIONS PAR- eration of amendments printed in sub- the same, or nearly the same effect, as such re- TICIPATION ACT OF 1945.— part B of part 1 of the report on the forms. (A) SPECIAL RULE.—A certification under sub- subject of United Nations peacekeeping (C) WRITTEN JUSTIFICATION AND CONSULTA- section (d)(3) of section 11 of the United Nations operations; TION.— Participation Act of 1945 (as amended by section Number 3, 10 minutes prior to consid- (i) WRITTEN JUSTIFICATION.—Not later than 30 101(c) of this Act) (relating to the 2008–2009 bi- eration of amendments printed in sub- days before submitting an alternate certification ennial period and subsequent biennial periods) part C of part 1 of the report on the in accordance with subparagraph (A), the Sec- shall not be required until such time as the retary shall submit to the appropriate congres- United Nations makes its formal budget presen- subject of the International Atomic sional committees a written justification ex- tation for the 2008–2009 biennial period. Energy Agency; plaining in detail the basis for such alternate (B) APPLICATION.—If the Secretary does not Number 4, 20 minutes prior to consid- certification. submit a certification under such section, the 50 eration of amendments printed in sub- (ii) CONSULTATION.—After the Secretary has percent withholding described under paragraph part D of part 1 of the report on the submitted the written justification under clause (1) shall apply. subject of human rights; and, (i), but no later than 15 days before the Sec- (c) RELEASE OF FUNDS.—At such time as all Number 5, 20 minutes prior to consid- retary exercises the alternate certification mech- certifications (or alternate certifications) are eration of amendments printed in sub- anism described under subparagraph (A), the submitted in accordance with subsection (a), the Secretary shall consult with the appropriate United States shall transfer to the United Na- part E of part 1 of the report on the congressional committees regarding such exer- tions amounts appropriated but withheld from subject of the Oil-for-Food program. cise. expenditure under subsection (b). It shall be in order at any time for (3) LIMITED EXCEPTION FOR SUBSTANTIAL COM- (d) ANNUAL REVIEWS.— the chairman of Committee on Inter- PLIANCE.— (1) IN GENERAL.—The Secretary shall conduct national Relations or his designee to (A) SUBSTANTIAL COMPLIANCE.—Subject to annual reviews, beginning one year after the offer amendments en bloc consisting of subparagraph (B), if at least 32 of the 39 reforms date on which the Secretary submits the final amendments printed in part 2 of the re- represented by the ten certifications specified certification (or alternate certification) in ac- under paragraph (1) have been implemented, all cordance with subsection (a), to determine if the port not earlier disposed of or germane such reforms (including the unimplemented re- United Nations continues to remain in compli- modifications of any such amendment. forms) so represented shall be deemed to have ance with all such certifications (or alternate Amendments en bloc shall be consid- been implemented for the year in which the Sec- certifications). Not later than 30 days after the ered read, except that modifications retary submits such certifications. completion of each such review, the Secretary shall be reported, shall be debatable for (B) MANDATORY IMPLEMENTATION OF CERTAIN shall submit to the appropriate congressional 20 minutes equally divided and con- REFORMS.— committees a report containing the findings of trolled by the chairman and ranking (i) IN GENERAL.—The provisions of subpara- each such review. minority member or their designees, graph (A) shall not apply unless the reforms (2) ACTION.—If during the course of any such under the following sections have been imple- review the Secretary determines that the United shall not be subject to amendment, and mented for the year to which subparagraph (A) Nations has failed to remain in compliance with shall not be subject to a demand for di- applies: a certification (or an alternate certification) vision of the question. (I) Subsection (d)(3) of section 11 of the that was submitted in accordance with sub- The original proponent of an amend- United Nations Participation Act of 1945 (as section (a), the 50 percent withholding described ment included in amendments en bloc amended by section 101(c) of this Act). under subsection (b) shall re-apply with respect may insert a statement in the CON- (II) Section 103(b)(1)(A). to United States contributions each fiscal year GRESSIONAL RECORD immediately be- (III) Section 103(b)(2)(D). to the regular assessed budget of the United Na- fore disposition of the amendment en (IV) Section 104(a)(1). tions beginning with the fiscal year immediately (V) Section 104(a)(6). following such review and subsequent fiscal bloc. (VI) Section 104(b)(1). years until such time as all certifications (or al- It is now in order to debate the sub- (VII) Section 104(b)(2). ternate certifications) under subsection (a) have ject of accountability of the United Na- (VIII) Section 104(c)(1). been submitted. tions. H4626 CONGRESSIONAL RECORD — HOUSE June 16, 2005 The gentleman from California (Mr. Saddam Hussein, this vicious dictator, open, but instead a closed structure ROHRABACHER) and the gentleman from this mass murderer, was able to choose and a culture of arrogance. The United California (Mr. LANTOS) each will con- the buyers for Iraq’s oil, as well as the Nations Office of Internal Oversight trol 10 minutes. suppliers of humanitarian goods, which Services, for example, was denied ade- The Chair recognizes the gentleman would then be the product of the sale of quate funding and manpower needed to from California (Mr. ROHRABACHER). that oil. What do you expect will hap- properly audit the Oil-for-Food pro- (Mr. ROHRABACHER asked and was pen when that is the way it is orga- gram. If they were not given the proper given permission to revise and extend nized? And why was it organized that resources, why would we expect it not his remarks.) way? It was organized that way be- to be corrupted, especially when deal- Mr. ROHRABACHER. Mr. Chairman, cause it was a United Nations program. ing with the likes of Saddam Hussein? I yield myself such time as I may con- Let us note that our allies, including Saddam provided gifts from $10,000 to sume. France and Russia, who had demanded $25,000 to families of Palestinian sui- Mr. Chairman, I stand here with that we have an Oil-for-Food program cide bombers with the kickback money great pride next to my chairman, the to help those poor and starving Iraqi that he received from the Oil-for-Food gentleman from Illinois (Mr. HYDE), children, that as we put the program in program. And let us note something and recall all the great and wonderful place, instead of helping us, they be- else. If you want to find out what this battles that he has fought in his ca- came hindrances to our making sure program did and the power it gave Sad- reer, and I am so proud to be at his side that the program was run in an honest dam Hussein, and the corruption of at this, not the last battle that we will way. Saddam Hussein was able to de- this idea of saving innocent women and fight, but, as we lead into the sunset of mand kickbacks and surcharges for the children as a program officiated over his career, a battle that will be mean- sale of oil and the purchase of humani- by the United Nations, let us recall a ingful and remembered, and for which tarian goods. Our allies were all too speech in this body, not too long ago. the American people will be grateful willing to pay those kickbacks. These The President of the United States that we had his leadership. are the same ones who pressured us to gave his State of the Union message Also, I might add, we are grateful for establish the program. here and introduced us to a lady sitting the honorable adversarial relationship Business was the driving factor, of next to his wife, the first lady. Next to that we have on the other side of the course, in their decision. But let us her was an Iraqi woman whose father aisle, the gentleman from California note that another driving factor was had been assassinated by Saddam Hus- the fact that we have uncovered that (Mr. LANTOS), a champion of human sein because he was a human rights ac- rights, a dear friend, and someone who as part of the Oil-for-Food program tivist. How was the assassin paid off? I greatly respect and whose guidance, I bribes were being channeled to people We have traced back the payment of might say, has been important to my in those very governments, and per- the assassin of the woman who joined own career. haps that had something to do with the us for the State of the Union, the as- We are here today to take up the bill decision-making process of our so- sassin of that woman’s father, we have called allies. named for the gentleman from Illinois traced back that payment to a man Of the estimated $65 billion in oil (Mr. HYDE), the Henry Hyde United Na- who received the money from Saddam sales during the time of the Oil-for- Hussein, and it was channeled through tions Reform Act of 2005. This bill will Food program, perhaps as much as $10 this United Nations program; and the reform the United Nations in a mean- billion was siphoned off by Saddam money ended up going through a ingful and lasting way, especially in Hussein, this mass murderer, and this United Nations program to an assassin the arena of accountability. $10 billion, which was supposed to be who murdered the father of the woman b 1800 going to the Iraqi people to alleviate who was introduced to us because he Reform is vital in this area. And if their suffering. A United Nations-sanctioned inquiry was a human rights activist. anyone should doubt that, they only If ever there was a travesty, it is need look at the Oil-for-Food scandal led by Federal Reserve Bank chairman Paul Volcker has unearthed these evi- this. Saddam Hussein was manipu- which my subcommittee, under the lating the program; and the United Na- leadership of the gentleman from Illi- dences of kickbacks paid, for example, to the former director of the Oil-for- tions, it seems, if not willing to go nois (Mr. HYDE), has been inves- Food program in the United Nations. along with Saddam Hussein, was cer- tigating. The Oil-for-Food scandal, let Thus we are saying that it was a tainly not willing to go along with the us remember what it was. The Oil-for- United Nations program and the Oil- reforms that would have corrected the Food program was set up in order to for-Food program resources were used program. make sure that the women and chil- to bribe Benon Sevan, United Nations Without approval, the New York of- dren and noncombatants of Iraq did not official who oversaw the program who fice of the Banque de Paris, or Paribas, die of lack of food and medicines be- had been appointed by Secretary-Gen- this was the bank that oversaw the Oil- cause of an oil boycott that we had eral Kofi Annan and was a close con- for-Food program, the U.N.’s bank for put, the United Nations had placed, on fidant of Kofi Annan. the program made unauthorized pay- Iraq under Saddam Hussein’s regime as The Volcker Commission also pub- ments from the program to so-called a way of pressuring Saddam Hussein to lished evidence detailing the destruc- third parties on more than 400 occa- give up his chemical and biological tion of documents about the Oil-for- sions. These third parties where the weapons, weapons of mass destruction, Food program as late as last year by unauthorized payments were made and to continue, and to refrain from Annan’s former chief of staff, Iqbal went to people that they had no idea his hostile acts like the invasion of Ku- Riza. who they were giving the money to. We wait. The House International Relations have yet to be able to trace back who Unfortunately, the Oil-for-Food scan- Committee has been investigating the actually runs the corporations who re- dal is what happened to the Oil-for- United Nations Oil-for-Food program ceived over 400 payments from the Food program. We decided to establish since March of 2004. The oversight of bank that ran this Oil-for-Food pro- a program, the Oil-for-Food program, the Oil-for-Food program at the United gram, all of this, of course, under the which would permit the Iraqi regime to Nations itself was undercut by the United Nations’ direction. sell a certain amount of oil under weak institutional oversight manage- Now, that is the Oil-for-Food pro- United Nations supervision and to use ment structures in the United Nations gram. We could go on about that for the resources from that sale to pur- itself. The United Nations, as it was or- hours. But there are other problems at chase a certain amount of humani- ganized, as it is organized unless we act the U.N. which we need to mention, the tarian supplies to help the so-called today, bears a great deal of the respon- nepotism at the United Nations. We starving women and children of Iraq so sibility for the failure of these type of have seen over and over again people these people would not be necessarily programs like the Oil-for-Food pro- hiring their children. We have seen sit- harmed. gram. uations where, for example, Benon Right from the beginning, as the There is not a culture of openness at Sevan sold his vouchers to a company United Nations organized the program, the United Nations nor is the structure in which his stepdaughter was hired, June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4627 which was in violation of U.N. job vio- that UNCC has overpaid by $.51 billion to date institution that receives hundreds of millions of lation rules. And let us note former for other claims. In addition, it is estimated dollars every year from the United States. The Secretary Boutros Boutros Ghali’s that UNCC would overpay future claims by American taxpayers deserve more for their nephew. $1.27 billion, under the current exchange rate money. This is why Chairman HYDE wrote this Neoptism is rampant at the U.N. Maurice procedures.’’ bill and why we are here today: to fix the U.N. Strong, a long-time U.N. official and confidant The United Nations Population Fund and so that the problems exemplified by the Oil- of Secretary General Annan, hired his step- U.N. Environment Program promotes environ- for-Food program as well as others such as daughter Kristina Mayo for a U.N. job in viola- mental and population strategies among mem- the horrific rapes committed by U.N. peace- tion of U.N. staff regulations. Benon Sevan al- ber governments. keepers are never repeated. legedly sold his oil vouchers to a company run In a statement before a U.N. Committee in Mr. LANTOS. Mr. Chairman, I yield by former Secretary General Boutros Boutros- 2004, Thomas Respasch of the U.S. Mission myself such time as I may consume. Ghali’s nephew. Moreover, this deal with to the U.N. explained, the following extrava- Mr. Chairman, before yielding, let me Sevan was set up by Fred Nadler, Boutros- gant travel expenses of two programs at the commend the gentleman from Cali- Ghali’s brother-in-law. U.N.: ‘‘In the U.N. Population Fund, we were fornia (Mr. ROHRABACHER) for his pow- Strong has also been tainted by his associa- quite surprised to learn that some senior staff erful statement. And let me commend tion with the Tongsun Park, from the members who spend more than half their time the gentleman from Illinois (Chairman Koreagate scandal, against whom a complaint in travel status are racking up travel costs of HYDE) for including in his bill ex- was filed by the U.S. Attorney in the Southern $225,000. In the U.N. Environment Program, tremely important measures that en- District of New York in April. Park was at- travel advances to other persons, in the hance accountability. I would like to tempting to illicitly influence ‘‘a U.N. official’’ amount of $82,208, had been outstanding for state that the Lantos-Shays substitute through Iraqi Oil-For-Food money. Strong has more than 20 months.’’ which we will present later contains confirmed that he was that U.N. official but de- United Nations Office of Drugs and Crime the same measures. We are in full ac- nies wrongdoing. (UNODC) assists member states in their strug- cord on dramatically enhancing ac- The WMO in Geneva, Switzerland, a long- gle against illicit drugs, crime and terrorism. countability at the United Nations. time WMO employee and Sudanese national In 2003, Samuel Gonzalez-Ruiz, a senior Mr. ROHRABACHER. Mr. Chairman, was accused of skimming $3 million from ac- adviser to UNODC, resigned, charging that the would the gentleman yield for one mo- counts at the organization over a 3–4 year pe- office ‘‘tolerates administrative and in some ment? riod. The funds were lost to this corruption and cases criminal violations’’ such as nepotism, Mr. LANTOS. Mr. Chairman, I would they will likely never be recovered. mismanagement and misappropriation of be delighted to yield to the gentleman He is said to have faked his death to avoid funds by agency staff. A U.N. probe into cor- from California. investigation. Accordingly, his wife presented a ruption allegations found that ‘‘a senior official Mr. ROHRABACHER. Mr. Chairman, death certificate, acknowledged by Sudanese improperly gave 11 contracts to his wife.’’ In let me just note that what measures authorities to have been false, in order to 2003, an OIOS probe found mismanagement that we have been suggesting in the claim his U.N. pension, which the U.N. has by executive director Pino Arlacchi; collapse of bill, as you have just underscored, are withheld pending the results of a full investiga- $250 million 10-year plan to eradicate drugs very reasonable, and the fact that we tion being conducted by the Swiss authorities from Afghanistan. Also found evidence of lav- have bipartisan support on the meas- at the request of the WMO. ish, excessive spending, such as purchase of ures demanding accountability suggest WMO authorities believe that ultimately a $100,000 Mercedes. that these are things that the United there are 10–15 other WMO employees who These are but a few of the signs that the Nations should not be opposing. This is could be viewed as negligent or even gross U.N. is on the wrong path. But talking about nothing that should raise the fur up on negligence. problems is not enough, we must do some- the back of the necks of any official at The WMO Senior Legal Advisor reported thing about it. the United Nations. So I appreciate the that while bad, ‘‘the internal procedures were This bill is vital for reform of the United Na- gentleman, and also, all those ladies not the worst seen in the U.N. family of orga- tions. Chairman HYDE’s bill brings real reform and gentlemen on the other side of the nizations.’’ to an institution that is quite simply broken. aisle coming at these issues of account- At WIPO, also in Geneva, Michael Wilson, Regarding the Accountability section of the ability in a very bipartisan fashion. an Annan family friend, is being investigated bill, there is a provision for a special investi- by a Swiss judge on charges of bribing a sen- gator to be assigned to investigate further in- Mr. LANTOS. Mr. Chairman, I thank ior official at WIPO to win a renovation con- stances of corruption by high officials of the the gentleman from California (Mr. tract on the agency’s headquarters. The WIPO U.N., such as Benon Sevan. ROHRABACHER) for his comments. official acknowledges receiving $270,000 from This bill brings independence to the Office I am delighted to yield 3 minutes to Wilson. Wilson claims the money was from a of Internal Oversight Services, OIOS, remov- the gentleman from Iowa (Mr. LEACH), private business venture. ing it from under the thumb of political influ- the distinguished chairman of the Asia There are also allegations of employee ence at the U.N. and assures OIOS of proper and Pacific Affairs Subcommittee of skimming of WIPO agency funds related to the funding to carry out its mission. the International Relations Com- renovation. This bill creates a U.N. Office of Ethics—an mittee, my distinguished Republican Prior to Operation Iraqi Freedom, the agen- office that after more than a year of investiga- colleague. cy coordinated with international relief agen- tion into the Oil-for-Food Program has Mr. LEACH. Mr. Chairman, as so cies and U.N. member states to relieve the shown—is sorely needed. ably demonstrated by the gentlemen suffering of the Iraqi people. Also, the Ethics office will be tasked in this from California (Mr. LANTOS and Mr. In January of 1998, $43,701 had to be re- bill with facilitating and operating a system for ROHRABACHER), the U.N. is crying out covered from staff members no longer at the financial disclosure. for reform. But let us not forget that mission as well as outstanding obligations of Finally, the bill creates an Independent the only oath we as Members take is to $328,287 in November 1997 for the UNOHCI. Oversight Board (IOB) to review the audits of the Constitution and votes should re- The audit revealed that an inventory of the OIOS and other audit bodies of the U.N. flect this obligation, not pique, not ide- physical assets in May 1998 discovered that This office is vital to provide proper oversight ology, not well-intentioned concern for 185 items totaling $100,994 could not be ac- of the U.N. reform. counted for. What we have certainly discovered about Unfortunately, the approach con- The United Nations Claims Commission the U.N. in the hearings on the Oil-for-food tained in the bill before us contravenes (UNCC) processes claims for losses and dam- program that I have held in the subcommittee the United Nations charter and under- age suffered as a direct result of Iraq’s unlaw- on Oversight and Investigations in the Inter- cuts the rule of law. It also misreads ful invasion and occupation of Kuwait in 1990– national Relations Committee, is that the U.N. the constitutional prerogatives of Con- 91. was corrupted by Saddam Hussein. This bill gress. It is true that under article 1 we In an audit of the UNCC’s awards, the OIOS will go some distance toward repairing this have been given purse-string authority. viewed the present system resulted in over- corruption. It is not true that we have been pro- payments of $2,170,951 to the claimants in I conclude by saying that the U.N. has not vided the power to negotiate. That au- the 10th installment. Furthermore, in the ab- been accountable, transparent and it has not thority resides with the executive sence of relevant information, OIOS estimates been living up to the standards expected of an branch. H4628 CONGRESSIONAL RECORD — HOUSE June 16, 2005 There has been a suggestion made proposals. Virtually all of the suggestions are In this regard, in December 2004, Congress that only by threatening the with- compelling. The problem is the framework of directed the United States Institute of Peace to holding of resources can progress be their consideration. Unfortunately, in my judg- establish a Task Force on the United Nations. made at the U.N. This assertion at first ment, the underlying Committee approach is The 12-member bipartisan Task Force, blush sounds like commonsense real- thoroughly inappropriate. The Democratic sub- chaired by former House Speaker Newt Ging- ism. But counterintuitively to utterers stitute is better, but is inappropriate as well. rich and former Senate Majority Leader of this precept, historical experience All of us have pique of one kind or another George Mitchell, worked with leading public reveals that prior U.S. withholding tac- about the U.N. As a supporter of the principles policy organizations to assess reforms that tics have frequently embarrassed the that underlie the founding of the United Na- would enable the U.N. to better meet the United States and weakened, rather tions, I must confess to profound disappoint- goals of its 1945 charter and offer the U.S. than strengthened, our diplomatic po- ment in the conflicts of interest that developed government an actionable agenda to strength- sitions. Nobody likes to be threatened, in the oil-for-food program. en the U.N. especially when threats represent Bizarrely, according to a federal indictment The report recommends establishing a chief breaches of the law of nations. made public earlier this spring, a South Ko- operating officer to be in charge of daily U.N. It is no accident that the Bush ad- rean named Tongsun Park appears to be at operations; empowering the Secretary General ministration has voiced opposition to the center point of one set of Iraqi oil transfers to replace his or her top officials; and creating this bill and warned that unilaterally in which as a middleman he may have used an Independent Oversight Board with ade- backing out of our financial obliga- part of his commissions to influence several quate audit powers to prevent another scandal tions will undermine our credibility U.N. officials. What is astonishingly ‘‘de´ja` vu’’ like oil-for-food. In addition, the report sug- and effectiveness at the U.N. about these charges is that Tongsun Park had gests abolishing the current U.N. Human One obvious issue, especially for my been indicted on bribery and conspiracy Rights Commission and establishing a new Republican colleagues, is whether def- charges in the late 1970s for using his role as Human Rights Council, ideally to be com- erence to the judgment of House lead- a rice agent for the U.S. Food for Peace pro- posed of democratic governments committed ership in matters of multilateral diplo- gram to bestow money and gifts on Members to monitoring, promoting, and enforcing human macy is more compelling than def- of Congress who had legislated the guidelines rights. erence to the President. But this quan- that allowed commissions on those agricultural Over the years, there have been many re- dary is secondary to the issue of the sales. ports advocating U.N. reform. By background, rule of law. The fundamental choice The involvement of Tongsun Park in the in the early 1990’s I co-Chaired the United today is between deference to the law Iraqi oil-for-food scandal may be a footnote to States Commission on Improving the Effec- or to sovereign impunity. the abuses that developed but it symbolically tiveness of the United Nations. The Commis- Any sense of history would suggest underscores the urgent need for reform, ac- sion held six hearings in regional centers that now is not the time to denigrate countability and transparency in U.N. endeav- across the country, receiving testimony from law. The passions of men, no matter ors. hundreds of witnesses representing a cross- how understandable must be con- Ironically, the oil-for-food program was au- section of philosophical perspectives. strained by law if there is any hope for thorized by the Security Council with U.S. sup- The report the commission put forth under- a more peaceful and just world. port and every contract had to be approved by lined a certain degree of optimism that the Accordingly, I intend to vote for the the government of the United States. It ap- U.N. could play a constructive role in world af- principal substitute to the committee pears that proceeds from some of these con- fairs, but explicitly recognized ‘‘serious man- bill, but against either the committee tracts may have benefited influential individ- agement problems’’ and lack of adequate fi- bill or the substitute on final passage. uals and institutions in various countries, in- nancial accountability in the U.N. system, and The former represents a congressional cluding Russia and France, and thus had the called for the U.N. to establish a fully inde- directive that in all likelihood will re- effect of providing financial incentives for peo- pendent Inspector General’s office. quire the U.S. to declare financial war ple in key foreign countries to oppose the pol- With respect to political and security issues, on the United Nations. The alternative icy perspectives of the United States. It also the Commission, like the Gingrich-Mitchell approach, while more restrained, has appears that conflicts of interest may have Commission, recognized that means must be the effect of authorizing the executive been precipitated with a small number of U.N. found to make the Security Council more rep- branch to conduct a financial war on employees. resentative of power balances in the world the U.N. should the Secretary of State Perspective is difficult to bring to issues of today; accordingly, it recommended the ex- choose to do so. Both presumptuously the day, but with regard to the oil-for-food pro- pansion of permanent membership of the Se- imply that the United States is free of gram, it is apparent that the international sys- curity Council. I introduced a bill to this effect an international obligation to pay its tem is vulnerable to corruption. It may be that yesterday, House Resolution 321, and am assessment. This body would be wiser relative to the multi-billion-dollar size of the hopeful it will receive serious Committee and to abide by the rule of law and fidelity program, the conflicts in New York may to House review at a later date. to the Constitution, not the politics of some seem paltry. But it should be clear that Also like the Gingrich-Mitchell Commission, the moment. a few thousand here and a few thousand the U.S. Commission on Improving the Effec- Finally, Mr. Speaker, it is at times there add up to a loss of confidence in institu- tiveness of the United Nations recommended like this I am reminded of the warning tions of governance. the establishment of a U.N. rapid reaction of the English philosopher, John Bureaucratic waste and ineptitude are a force to prevent acts of genocide and crimes Locke, who once suggested that little challenge to any large organization, but of all against humanity. is more dangerous than a good prince, institutions the U.N. should be the one most Arguably, these last recommendations—ex- because that prince is so respected it is sensitive in the world to the problem of the pansion of the Security Council and establish- hard to object when he may be wrong. ‘‘two c’s:’’ corruption and conflicts of interest. ment of a U.N. rapid deployment force—are HENRY HYDE is not just a good prince, The United Nations was created to promote the two most important reform proposals the he is a great one. But I fear in this in- the rule of law among and within nations. It U.N. is considering today. The reform bill be- stance he may be wrong, and I would was expected to be an honest and implacably fore us today is silent on each. suggest to my colleagues that the most neutral broker to help settle international dis- While both the Gingrich-Mitchell Commis- appropriate way to show our esteem is putes and advance international law in areas sion and the earlier U.N. Commission high- through respectful dissent to the finest as diverse as arms control, trade, human lighted severe management concerns, neither in our midst. rights, and the environment. In all these activi- advocated linking progress on U.N. reform to Mr. Chairman. At the outset, let me express ties, political differences were to be expected, U.S. payment of dues to the organization. In- my appreciation to Chairman HYDE and his but integrity of purpose and deed was to be deed, eight former U.S. ambassadors to the staff for reaching out to consult with me as the U.N.’s hallmark. But tragically, no institu- United Nations—Madeleine Albright, John this legislation was developed. Although we tion can fulfill its mission if its programs are Danforth, Richard Holbrooke, Jeane Kirk- have differing perspectives on this bill, I have subverted or its representatives conduct them- patrick, Donald McHenry, Thomas Pickering, the utmost respect for our distinguished Chair- selves in ways that are not respectful of the Bill Richardson and Andrew Young—urged man, as well as his staff, who are among the law. Corruption is the bitterest breach of trust, Congress earlier this week to reject legislation finest on Capitol Hill. especially for the U.N., which in so many parts that would withhold payments to the world The Committee has done a quality job in as- of the world represents the aspirations of peo- body unless specific reform plans were en- sembling a panoply of United Nations reform ple who live in desperate poverty and fear. acted. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4629 Here, we must understand precisely what plicit in the threat of withholding legally obli- United Nations somewhere up in New the meaning of a 50 percent cut in U.S. con- gated resources will jeopardize rather than ad- York, that had the responsibility to tributions to the U.N., as envisioned in the bill vance prospects for reform. It is no accident oversee the Oil-for-Food program and before us, implies. As the country in the world that the Bush Administration has voiced oppo- the sanction regime. that most stands for the rule of law, we are sition to this bill and warned that unilaterally But when Jordan and Turkey notified proposing to circumvent it. The Committee ap- backing out of our financial obligations will un- the Security Council that they in- proach represents a Congressional directive dermine our credibility and effectiveness at the tended to purchase oil from Iraq, in di- that in all likelihood will require the U.S. to de- U.N. rect violation of the sanctions regime, clare financial war on the United Nations. The We may be the greatest democracy in his- the Security Council simply took no- alternative Democratic approach, while more tory but in a world where U.S. leadership has tice, whatever that means. I still can- restrained, has the effect of authorizing the for so many lost its luster, good policy is far not figure it out, but they did nothing Executive Branch to conduct a financial war likelier to precipitate constructive results than else. It did not block Jordan and Tur- on the U.N. should the Secretary of State big economic threats. key from this trade. It did not sanction choose to do so. One obvious issue, especially for my Re- those countries. It did not instruct the Both approaches contravene the U.N. Char- publican colleagues, is whether on matters of Secretariat to take any action. It did ter, a treaty binding all parties, including the multilateral diplomacy deference to the judg- nothing. United States. It specifies: ‘‘The expenses of ment of House leadership is more compelling As a result, Syria and Egypt then the Organization shall be borne by the Mem- than deference to the President. But this began to purchase oil from Iraq as well, bers as apportioned by the General Assem- quandary is secondary to the issue of the rule and it is important to understand that bly’’ (Article 17(2)). In 1962, the International of law. The fundamental choice today is be- this ended up as the largest illicit Court of Justice held—sustaining the position tween deference to the law or to sovereign im- source of revenue for Saddam Hussein, of the United States—that apportionment of punity. and it had nothing to do with the Oil- expenses by the General Assembly creates Any sense of history would suggest that for-Food program, nothing to do with the obligation of each Member to bear that now is not the time to denigrate law. The pas- it at all. The moneys derived from part of the expenses apportioned to it. sions of men, no matter how understandable, these so-called trade protocols far ex- Both efforts, the first boldly, the second with must be constrained by law, if there is any ceeded the money that Saddam Hussein an extra Executive Branch hurdle, presump- hope for a more peaceful and just world. skimmed from the Oil-for-Food pro- tuously imply that the United States is free of Accordingly, I intend to vote for the principal gram. This chart next to me shows that an international obligation to pay its assess- substitute to the Committee bill, but against ei- the so-called trade protocols generated ments. This position runs counter to elemental ther the Committee or the substitute on final over $8 billion in revenue for Saddam principles of international law. The Vienna passage. It is the rule of law and fidelity to the Hussein. convention on the Law of Treaties provides Constitution, not the politics of the moment My friend, the chairman of the Sub- that: ‘‘Every treaty in force is binding upon the that should guide our consideration of this bill. committee on Oversight and Investiga- parties to it and must be performed by them Mr. LANTOS. Mr. Chairman, I am de- tions talks about $10 billion; 8 billion in good faith’’ (Article 26). It specifies that: ‘‘A lighted to yield the balance of my time of that came from the Security Coun- state party to a treaty may not invoke the pro- to the gentleman from Massachusetts cil’s inaction while looking the other visions of internal law as justification for its (Mr. DELAHUNT), the ranking member way. failure to perform the treaty’’ (Article 21(1)). of the Oversight and Investigation Sub- Even some of the money that Sad- The only oath we as Members take is to the committee of the International Rela- dam stole from the Oil-for-Food pro- Constitution. Votes should reflect this obliga- tions Committee. gram could have been saved by aggres- tion, not pique, not ideology, not well-inten- Mr. DELAHUNT. Mr. Chairman, I sive oversight by the Security Council. tioned concern for reform. think it is important that when we It is important to note it was the Secu- The bill before us undercuts the rule of law. talk about reforming the United Na- rity Council that approved all prices on It also misreads the Constitutional prerogative tions that we have to be clear about oil exports from Iraq, and every con- of Congress. It is true under Article I that we what the United Nations is. It is not tract needed their approval for human- have been given purse string authority. It is simply the Secretariat. The Secre- itarian goods coming into Iraq, and yet not true that we have been provided the tariat is just the staff. They are the when the Secretariat brought 71 con- power to negotiate. That authority resides with hired help. They run the day-to-day af- tracts to the attention of the Security the Executive Branch. fairs of the United Nations; but it is The legislation before us eviscerates the Council because of concerns of pricing the Member states that set policy, that irregularities, the Security Council did separation of powers that our founders so make decisions that are responsible for thoughtfully constructed. The Democratic alter- nothing, did nothing, and Saddam prof- oversight in implementation of the ited and stayed in power as a result. native represents a credible political, but United Nations resolutions. uncompelling legal balancing. The wiser way Why? Why did the Security Council 1815 to go is to take the group of reform ideas as- b not address any of these issues? Be- sembled in the Committee bill, many of which, In particular, it is the function of the cause the Security Council, including by the way have been derived from rec- Security Council to carry out those re- our own government, and there was ommendations of various U.N. initiated panels, sponsibilities. The United States is a two administrations involved, both the and simply direct the Executive to use its au- permanent member of the Security Clinton and the Bush administration, thority to seek to advance them in a way only Council, with the power to veto any reached a political decision that it was it can. resolution. not in their interests to fully enforce There has been a suggestion made that When the Security Council does not the sanctions. That has to be under- only by threatening the withholding of re- want the United Nations to work, it stood. sources can progress at the U.N. be made. will not work. The Gingrich-Mitchell So when we talk about making the This assertion at first blush sounds like com- report put it this way, and I am United Nations more effective, let us mon-sense realism. But counter-intuitively to quoting, ‘‘Too often the phrase ‘the be clear that the changes that are utterers of this precept, historical experience United Nations failed’ should actually being proposed, and that I embrace, do reveals that prior U.S. withholding tactics have read ‘members of the United Nations not fully address the problem. What is frequently embarrassed the U.S. and weak- blocked or undermined action by the ultimately required is improving the ened rather than strengthened U.S. diplomatic United Nations.’ ’’ way member states work together, and positions. Nobody likes to be threatened, es- An excellent example of this concept some level of transparency in the inter- pecially when threats represent breaches of is the sanctions against Iraq in the Oil- nal workings of the Security Council, the law of nations. for-Food program. The United States not unilaterally withholding dues. This bill, while frustratingly reflective of advocated for the sanctions on Iraq in I am convinced that those eight Am- many legitimate sentiments, will almost cer- the aftermath of the Gulf War and then bassadors who sent that letter to our tainly prove counterproductive. While it con- supported the Oil-for-Food program, congressional leadership are correct tains good ideas that many in the U.N. com- advocated for it, but it was the Secu- when they say withholding dues to the munity support, the coercive methodology im- rity Council, not some amorphous United Nations may sound like smart H4630 CONGRESSIONAL RECORD — HOUSE June 16, 2005 policy, but would be counter- upon the Secretary General to waive tigations that are ongoing, and for the productive. It would create resent- immunity in those instances where information of my friend from New ment, build animosity and actually U.N. officials have committed serious York, the Secretary General has been strengthen the opponents of reform. It offenses. very explicit that he will fully cooper- would place in jeopardy the reform ini- We have heard descriptions of various ate. We have received information back tiatives that we embrace. Please under- alleged misconduct by officials such as that that cooperation is, in fact, occur- stand that. Benon Sevan, who is head of the Oil- ring, and he has publicly stated, with- The CHAIRMAN. All time for general for-Food program. Also, other individ- out equivocation, that there will be no debate has expired on Part 1. uals have been relieved of their duties immunity for members of the United It is now in order to consider amend- at the U.N., such as the official charged Nations. ment No. 1 printed in Subpart A of with supervising contractor selection. Mr. KING of New York. Mr. Chair- Part 1 of House Report 109–132. To me, it just makes elemental sense man, reclaiming my time, I would PART 1, SUBPART A AMENDMENT NO. 1 OFFERED that the Secretary General under sec- agree with the gentleman. BY MR. KING OF NEW YORK tion 20 exercise his discretion to waive In my remarks, I particularly did not Mr. KING of New York. Mr. Chair- immunity in those cases so that crimi- direct my remarks to the Secretary man, I offer an amendment. nal action, if necessary, can be General, and, in fact, the remarks are The CHAIRMAN. The Clerk will des- brought, and it would be imperative directed to our Ambassador to the ignate the amendment. upon our upcoming representative to United Nations, that in the future he The text of the amendment is as fol- the United Nations to call upon him to continue that policy. lows: do that. Mr. Chairman, I yield back the bal- It is an amendment on which I urge ance of my time. Part 1, Subpart A Amendment No. 1 offered The CHAIRMAN. The question is on by Mr. KING of New York: its adoption. I believe it is essential, In section 104, add at the end the following again, a significant step, and yet one the amendment offered by the gen- new subsection: which is a common-sense step to re- tleman from New York (Mr. KING). (f) WAIVER OF IMMUNITY.—The President storing the credibility that the U.N. The question was taken; and the shall direct the United States Permanent deserves. Chairman announced that the ayes ap- Representative to the United Nations to use Mr. LANTOS. Mr. Chairman, will the peared to have it. the voice, vote, and influence of the United Mr. KING of New York. Mr. Chair- gentleman yield? States at the United Nations to ensure that Mr. KING of New York. I yield to the man, I demand a recorded vote. the Secretary General exercises the right The CHAIRMAN. Pursuant to clause and duty of the Secretary General under sec- gentleman from California. Mr. LANTOS. Mr. Chairman, I want 6 of rule XVIII, further proceedings on tion 20 of the Convention on the Privileges the amendment offered by the gen- and Immunities of the United Nations to to commend my friend from New York tleman from New York (Mr. KING) will waive the immunity of any United Nations for offering this amendment. Our side be postponed. official in any case in which such immunity is prepared to accept the gentleman’s It is now in order to consider amend- would impede the course of justice. In exer- amendment. ment No. 2 printed in Subpart A of cising such waiver, the Secretary General is The diplomatic immunity that the Part 1 of House Report 109–132. urged to interpret the interests of the United United Nations is granted under inter- Nations as favoring the investigation or national law is not designed to shield PART 1, SUBPART A AMENDMENT NO. 2 OFFERED prosecution of a United Nations official who BY MR. GARRETT OF NEW JERSEY its employees from the due process of is credibly under investigation for having Mr. GARRETT of New Jersey. Mr. committed a serious criminal offense or who law when they commit crimes. Sec- Chairman, I offer an amendment. is credibly charged with a serious criminal retary General Kofi Annan has stated The CHAIRMAN. The Clerk will des- offense. on numerous occasions that he would ignate the amendment. The CHAIRMAN. Pursuant to House never allow the U.N.’s diplomatic im- The text of the amendment is as fol- Resolution 319, the gentleman from munity to protect any employee from lows: New York (Mr. KING) and a Member op- prosecution for a crime she or he may Part 1, Subpart A Amendment No. 2 offered posed each will control 5 minutes. have committed. by Mr. GARRETT of New Jersey: The Chair recognizes the gentleman The Lantos-Shays substitute has a In section 504, add at the end the following new subsection: from New York (Mr. KING). parallel amendment, and we are happy to accept the gentleman’s amendment. (c) UNITED NATIONS CONSTRUCTION AND CON- Mr. KING of New York. Mr. Chair- TRACTING.—Not later than six months after man, I yield myself such time as may Mr. KING of New York. Mr. Chair- man, reclaiming my time, as always, I the date of the enactment of this Act, the consume. Comptroller General shall submit to the At the outset, Mr. Chairman, let me appreciate the kind words of the gen- Committee on International Relations of the join with my other colleagues in com- tleman from California who, again, I House of Representatives, the Committee on mending the gentleman from Illinois am proud to call my friend, and I cer- Foreign Relations of the Senate, the Com- mittee on Appropriations of the House of (Chairman HYDE) for the outstanding tainly accept his support of the amend- Representatives, and the Committee on Ap- leadership he has demonstrated on this ment. Mr. HYDE. Mr. Chairman, will the propriations of the Senate a report describ- bill. It caps a tremendous career in this ing the costs associated with the contracting body and is just one further shining ex- gentleman yield? Mr. KING of New York. I yield to the for and construction of the Geneva, Switzer- ample of how much we owe him and land, buildings of the World Meteorological gentleman from Illinois. how we are indebted to him for his Organization (WMO) and the World Intellec- Mr. HYDE. Mr. Chairman, I thank years of service to the United States tual Property Organization (WIPO). The re- the gentleman for yielding. port shall include analyses of the procure- Congress. We, too, are very pleased to accept Mr. Chairman, my amendment ment procedures for each such building and this excellent amendment and thank shall specifically address issues of any cor- should be noncontroversial. As both the gentleman from New York. rupt contracting practices that are discov- sides have acknowledged, there have Mr. KING of New York. Mr. Chair- ered, such as rigged bids and kickbacks, as been enormous scandals at the United man, I thank the chairman. well as other improprieties. The report shall Nations. Its reputation has suffered Mr. DELAHUNT. Mr. Chairman, will also include an identification of other cred- dramatically. the gentleman yield? ible allegations of corrupt contracting at United Nations construction projects that For those who do wish the United Na- Mr. KING of New York. I yield to the tions to be reformed, and for the involve major construction on a scale com- gentleman from Massachusetts. parable to the WMO and WIPO construction United Nations to reform itself, it is Mr. DELAHUNT. Mr. Chairman, I projects, and a description of the results of essential that it restore or regain some thank the gentleman for yielding to an investigation into each such credible alle- modicum of credibility from the Amer- me. gation. ican public and, indeed, from the world I do obviously support the acceptance The CHAIRMAN. Pursuant to House community. To do that, my amend- by our ranking member of the amend- Resolution 319, the gentleman from ment urges or directs the President of ment. New Jersey (Mr. GARRETT) and a Mem- the United States to urge our perma- I think it is important to note for the ber opposed each will control 5 min- nent representative to the U.N. to call record that there are currently inves- utes. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4631 The Chair recognizes the gentleman b 1830 of e-mail memo says he never discussed from New Jersey (Mr. GARRETT). However, just this week, a memo ob- Oil-for-Food contract bid with Kofi Mr. GARRETT of New Jersey. Mr. tained from Mr. WILSON around the Annan. The executive who wrote an e- Chairman, I yield myself such time as time that the Oil-for-Food inspection mail suggesting that the U.N. Sec- I may consume. contract was being decided, stated: retary General Kofi Annan may have Before I begin, let me just use this ‘‘We had brief discussions with the Sec- known about a U.N. contract awarded opportunity to extend my appreciation retary-General. We could count on to his son’s company has denied ever to the chairman for his work in so their support.’’ discussing the firm’s bid with Annan, a many different areas important and Now, the Volcker Commission only law firm said Wednesday.’’ vital to the people of this country, but now is hastily reevaluating its initial So, again, I think it is worthy of a re- right now, at the issue at hand before findings in light of this new evidence; view, clearly worthy of an investiga- us, an area that is of utmost impor- and Kofi Annan, as suspected, is dodg- tion; but I do find it interesting that tance to the constituents in my dis- ing questions and hiding now behind when we talk about investigations that we have not taken the opportunity to trict, as well as the citizens of this Na- the commission. I believe that the investigate the report by the Special tion and the world community as well. Volcker Commission has proven to be Inspector General for Iraq Reconstruc- So I thank the chairman for his stead- too cozy to the Secretary-General to tion of the report by an American offi- fast dedication to addressing these adequately assess the true depth of cor- cial indicating that the Coalition Pro- problems. ruption. In order to provide a full ac- visional Authority provided less than Also, let me take this opportunity to counting of any illicit dealings to the adequate controls for approximately $9 express my appreciation to the chair- American taxpayer, the United States billion of development funds for Iraq man’s staff as well for their efficiency must continue its aggressive investiga- funds provided to Iraq through the na- in bringing these matters to the floor tion, and my amendment will further and their cooperation in working with tional budget process. We cannot find that goal. that money. our offices in order to proceed along on Even real estate magnet Donald these matters. Mr. LANTOS. Mr. Chairman, I yield Trump states, in speaking about the myself such time as I may consume. I rise today, Mr. Chairman, to offer proposal in New York City about their an amendment regarding possible con- Our side is prepared to accept the gen- planned expansion of their head- tleman’s amendment. We have heard tract abuses by high-ranking U.N. offi- quarters, ‘‘The United Nations is a cials and to hopefully make the U.N. a very disturbing reports about possible mess and they are spending hundreds of contracting scandals involving kick- more accountable and transparent millions of dollars unnecessarily on body. backs at the World Meteorological Or- this project.’’ If Donald Trump says ganization and the World Intellectual This amendment will ask the Office they are wasting millions of dollars, I of the Comptroller General to submit a Property Organization in recent years. can only imagine what the average It will be extremely helpful to have our report to Congress detailing the costs American taxpayer’s view must be on associated with the renovation of two General Accounting Office also under- the U.N. take a thorough review of these mat- U.N. buildings in Geneva, Switzerland. Investigations of the U.N. financial Let my give my colleagues a little ters. dealings under Kofi Annan resemble We are looking forward to working background. the peeling back of an onion. The more Michael Wilson, a friend of U.N. Sec- with the gentleman from Illinois (Mr. that is cut away, the greater the HYDE) and others to make certain that retary General Kofi Annan, who has re- stench. This amendment is a bold step, ferred to the Secretary General as his all U.N.-affiliated organizations I believe, in slicing away one more achieve the appropriate reforms, and I ‘‘uncle,’’ is being investigated by a slice of the onion, another layer, to re- Swiss judge of possibly bribing a top thank the gentleman for offering this veal the full account of any illicit deal- important amendment which will sup- U.N. official for a $50 million ren- ings at the U.N. ovating contract at the World Intellec- port our efforts. Mr. Chairman, I reserve the balance Mr. Chairman, I yield back the bal- tual Property Organization. of my time. ance of my time. It is alleged that Mr. Wilson paid Mr. LANTOS. Mr. Chairman, I claim Mr. GARRETT of New Jersey. Mr. $270,000 to a top official at the intellec- time in opposition to the amendment, Chairman, I yield myself such time as tual property agency named Khamis although I am not in opposition. I may consume, and I just want to say Suedi. In return, the construction com- 1 Mr. Chairman, I yield 1 ⁄2 minutes to that I appreciate both gentlemen’s pany Mr. Wilson represented was to be the gentleman from Massachusetts comments and the information that awarded the construction contract for (Mr. DELAHUNT). they conveyed. this renovation work. The CHAIRMAN. Without objection, Mr. Chairman, I yield 30 seconds, the Here is the interesting connection. the gentleman from California will balance of my time, to the gentleman Mr. Wilson has also been a close busi- control the time in opposition. from New Jersey (Mr. SMITH). ness partner with the Secretary Gen- There was no objection. Mr. SMITH of New Jersey. Mr. Chair- eral’s son Kojo Annan. In fact, Mr. Wil- Mr. DELAHUNT. Mr. Chairman, I man, I thank the gentleman for yield- son helped get Kojo a job at Cotecna, a thank my friend for yielding me this ing me this time. On behalf of the ma- Swiss-based inspection firm. Not long time. jority we are also very happy to accept after hiring him, Cotecna was awarded I also read the same report that the this amendment. a lucrative contract to inspect goods gentleman from New Jersey referred This amendment seeks to identify going to Iraq with the newly imple- to, but I would like to provide him an overspending due to possibly rigged mented Oil-for-Food program that we update at this point because I am sure contracts at U.N. buildings around the have heard talked about on this floor he received his information from a world. The U.S. generally pays 22 per- earlier. newspaper report, if I am correct. cent of those costs. The savings could Kofi Annan has continuously denied Mr. GARRETT of New Jersey. Mr. be in the millions of dollars for U.S. ever meeting with or supporting the Chairman, will the gentleman yield? taxpayers if other instances of building Cotecna contract proposal. In fact, the Mr. DELAHUNT. I yield to the gen- improprieties were found and, by con- Volcker Commission, appointed by tleman from New Jersey. nection, action taken to correct those Kofi Annan to investigate the Oil-for- Mr. GARRETT of New Jersey. I re- improprieties. Food scandal, in their second interim ceived it from different locations, actu- Mr. Chairman, I want to congratu- report that came out this spring came ally. It began, if I may, it began with late the gentleman on his amendment, out and stated, ‘‘There is no evidence newspaper reports. and we are accepting it again as well. that the selection of Cotecna in 1998 Mr. DELAHUNT. Mr. Chairman, re- The CHAIRMAN. All time has ex- was subject to any affirmative or im- claiming my time, again, let me pro- pired. proper influence of the Secretary Gen- vide this as an update, because this is The question is on the amendment eral in the bidding or selection proc- a report by the Associated Press from offered by the gentleman from New ess.’’ today, titled ‘‘U.N. Oil-for-Food author Jersey (Mr. GARRETT). H4632 CONGRESSIONAL RECORD — HOUSE June 16, 2005 The amendment was agreed to. our dollars might be supporting them Subpart A of Part 1 of House Report The CHAIRMAN. It is now in order to through the U.N. I am offering an 109–132. consider amendment No. 3 printed in amendment that will add a paragraph PART 1, SUBPART A AMENDMENT NO. 4 OFFERED Subpart A of Part 1 of House Report to section 108 of H.R. 2745, the Henry J. BY MR. MCCOTTER 109–132. Hyde United Nations Reform Act of Mr. MCCOTTER. Mr. Chairman, I PART 1, SUBPART A AMENDMENT NO. 3 OFFERED 2005. This section requires a report to offer an amendment. BY MR. CANNON be filed with the Congress of the United The CHAIRMAN. The Clerk will des- Mr. CANNON. Mr. Chairman, I offer States on the status of the U.N.’s re- ignate the amendment. an amendment. form. My amendment requires a report The text of the amendment is as fol- The CHAIRMAN. The Clerk will des- on the contracts entered into by the lows: ignate the amendment. U.N. or any of its specialized agencies Part 1, Subpart A amendment No. 4 offered The text of the amendment is as fol- by Mr. MCCOTTER: with parties on the U.S. Government’s In section 104(c)(1), add at the end the fol- lows: EPLS. lowing new sentence: ‘‘The UNOE shall pro- Part 1, Subpart A amendment No. 3 offered This amendment is endorsed by the mulgate ethics rules, including the fol- by Mr. CANNON: Heritage Foundation, as well as Ameri- lowing:’’. In section 108(b)(4) (relating to the report cans For Tax Reform. U.N. officials In section 104(c)(1), add at the end the fol- on United Nations reform), strike ‘‘and’’ have time and again demonstrated poor lowing new subparagraphs: after the semicolon. judgment and an inability to appro- (A) No employee of any United Nations en- In section 108(b)(5), strike the period at the tity, bureau, division, department, or spe- end and insert ‘‘; and’’. priately manage the money provided cialized agency may be compensated while In section 108(b), add at the end the fol- by many countries, including the participating in the domestic politics of the lowing new paragraph: United States. It is absolutely clear, country of such employee, except for voting (6) whether the United Nations or any of Mr. Chairman, that something has to or acting as part of a Security Council, Gen- its specialized agencies has contracted with be done about the U.N. eral Assembly, or legitimately authorized any party included on the Lists of Parties The release this week of the Oil-for- United Nations mission or assignment. Excluded from Federal Procurement and Food contractor Cotecna, calling into (B) No United Nations entity, bureau, divi- Nonprocurement Programs. question Kofi Annan’s claim that he sion, department, or specialized agency may The CHAIRMAN. Pursuant to House was unaware of Cotecna’s bid for a con- hire an individual convicted in a generally Resolution 319, the gentleman from recognized court of a democratically-elected tract in 1998, is just the latest in a long government with an independent judiciary Utah (Mr. CANNON) and a Member op- stream of ethical blunders. and an extradition treaty with the United posed each will control 5 minutes. As a bipartisan report, featured in States and the European Union for any The gentleman from Utah (Mr. CAN- yesterday’s Wall Street Journal stated, crime or crimes involving financial misfea- NON) is recognized for 5 minutes. ‘‘Until and unless it changes dramati- sance, malfeasance, fraud, or perjury. Mr. CANNON. Mr. Chairman, I yield cally, the United Nations will remain (C) The employment of an employee of any myself such time as I may consume. an uncertain instrument, both for the United Nations entity, bureau, division, de- For their work on this bill, I would governments that comprise it and for partment, or specialized agency who is con- first of all like to thank the gentleman victed in a generally recognized court of a those that look to it for salvation.’’ democratically-elected government with an from Illinois (Mr. HYDE), the chairman, It is only logical that the same re- independent judiciary and an extradition and the gentleman from California (Mr. strictions we place upon on our Federal treaty with the United States and the Euro- LANTOS), two giants of this institution agencies be applied to the money we pean Union of any crime or crimes involving and people who I am pleased to call give to the U.N. This extra measure of financial misfeasance, malfeasance, fraud, or friends. oversight will help prevent future cor- perjury shall be subject to termination. Mr. Chairman, our government is ruption by the U.N. and create clear (D) If an employee of any United Nations being forced to give financial support guidelines regarding who the U.N. con- entity, bureau, division, department, or spe- cialized agency has contact regarding the to corporations we normally would ex- tracts with. clude because of our membership in the disposition of ongoing internal United Na- Mr. LANTOS. Mr. Chairman, will the tions operations or decisions with an indi- United Nations and where our dues are gentleman yield? vidual who is not an employee or official of spent. When a Federal agency takes an Mr. CANNON. I yield to the gen- the government of a Member State (or a action to exclude a contractor under tleman from California. similarly situated individual), with an indi- the nonprocurement or procurement Mr. LANTOS. Mr. Chairman, I want vidual who is not officially employed by any debarment and suspension system, the to thank my friend for yielding, and I United Nations entity, bureau, division, de- agency enters the information about want to commend him for bringing be- partment, or specialized agency, or with an the excluded party into the Excluded fore this body an important amend- individual who is not a working member of Parties List System, the EPLS, which the media, a memorandum of such contact ment. We strongly support his amend- shall be prepared by such employee and, is maintained by the General Services ment, and I am very pleased to accept upon request, be made available to Member Administration. it. States. This means that we have a list of in- Mr. CANNON. Reclaiming my time, The CHAIRMAN. Pursuant to House dividuals and companies with whom Mr. Chairman, I thank the gentleman Resolution 319, the gentleman from our government is forbidden to do busi- for his comments. Michigan (Mr. MCCOTTER) and a Mem- ness or provide grants or similar assist- Mr. Chairman, I yield such time as he ber opposed each will control 5 min- ance. The EPLS identifies those who may consume to the gentleman from utes. are deemed corrupt or untrustworthy New Jersey (Mr. SMITH). The Chair recognizes the gentleman or even those involved in terrorist ac- Mr. SMITH of New Jersey. Mr. Chair- from Michigan (Mr. MCCOTTER). tivities, like the Islamic jihad and man, on behalf of the majority, I want Mr. MCCOTTER. Mr. Chairman, I Hezbollah. These contractors are ex- to thank the gentleman from Utah (Mr. yield myself such time as I may con- cluded from entering contracts and CANNON) for offering this very, very im- sume. agencies may not solicit offers from, portant amendment. It will ensure that Mr. Chairman, my amendment is rel- award contracts to, or consent to sub- the U.N. is not using its funds to inad- atively self-explanatory. It is an effort contracts with these contractors. vertently fund terrorism or fraudulent to add some commonsense reforms to Contractors are excluded from con- companies. It is a very good amend- the United Nations in the area of em- ducting business with the government ment, and we accept it and support it. ployment, in the area of what their em- as agents or representatives of other Mr. CANNON. Mr. Chairman, I yield ployees may or may not do with the contractors. What is more, every U.S. back the balance of my time. entity’s monies while they are poli- citizens can view the EPLS on line. We The CHAIRMAN. The question is on ticking in their own domestic elections know who we do not support and why the amendment offered by the gen- and an attempt to make sure there is a we do not support them and what their tleman from Utah (Mr. CANNON). record should they have outside unau- punishment is. The amendment was agreed to. thorized contact with individuals who However, though our government has The CHAIRMAN. It is now in order to are not members of government or the a list of parties we refuse to deal with, consider amendment No. 4, printed in media. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4633 I would like to say that the rationale Relations of the House of Representatives, shock to learn how much of the vol- for bringing this forward is to provide the Committee on Foreign Relations of the untary and in-kind contributions the a practical benefit to the reform effort Senate, the Committee on Appropriations of United States did make, which were at the United Nations; but I think it the House of Representatives, and the Com- justified, but for which we got no cred- mittee on Appropriations of the Senate a re- also is important that we recognize, as port on United States contributions to the it. Martin Luther King, Jr., once said, United Nations. Such report shall examine I think by getting all of the informa- ‘‘There can be no great sorrow where assessed, voluntary, in-kind, and all other tion on assessed, voluntary and in-kind there is no great love.’’ United States contributions. contributions, I think Americans will We are engaged today to try to re- The CHAIRMAN. Pursuant to House be amazed, as will international friends deem the dream of Franklin Roosevelt Resolution 319, the gentleman from around the world in like manner will that the United Nations in the age of Texas (Mr. POE) and a Member opposed be amazed, how much the U.S. Govern- the nuclear bomb; that in the age of a each will control 5 minutes. ment does provide. global war on terror, at some point we The Chair recognizes the gentleman So often in-kind contributions like could have something at night to get from Texas (Mr. POE). airlift for military operations in no us to sleep, and that is the belief that Mr. POE. Mr. Chairman, I yield my- way gets on the ledger, so we do not the United Nations would be a force for self such time as I may consume. have a thorough and a full accounting good in the world; that international As a former judge, I believe in con- of the U.S. contribution and how the disputes could be resolved there; that sequences for bad conduct; and of money is spent. I commend the gen- the finest and most noble motives of course when improper behavior takes tleman for his amendment. humanity could find expression and im- place, I do not believe in saying to the Mr. POE. Mr. Chairman, I yield back plementation. perpetrator, no matter who it is, try to the balance of my time. Mr. Chairman, as the gentleman from do a little better. The United Nations The CHAIRMAN. The question is on California (Mr. LANTOS) has said in a has a history of abuse, misconduct, the amendment offered by the gen- wonderfully elegant phrase, ‘‘Unfortu- criminal negligence, money laun- tleman from Texas (Mr. POE). nately the United Nations at present is dering, some corruption, and sexual vi- The question was taken; and the a derivative reality.’’ So I am trying to olence against the very people the Chairman announced that the ayes ap- inject some practicality into that de- United Nations swears to protect. Mr. peared to have it. rivative reality. Chairman, there should be con- Mr. POE. Mr. Chairman, I demand a Mr. LANTOS. Mr. Chairman, will the sequences, and my question is who is recorded vote. gentleman yield? holding the United Nations account- The CHAIRMAN. Pursuant to clause Mr. MCCOTTER. I yield to the gen- able for that conduct. 6 of rule XVIII, further proceedings on tleman from California. Thanks to the leadership of the gen- the amendment offered by the gen- Mr. LANTOS. Mr. Chairman, I thank tleman from Illinois (Mr. HYDE) and tleman from Texas (Mr. POE) will be the gentleman for yielding to me, and the gentleman from California (Mr. postponed. we are prepared to accept the gentle- LANTOS), and others in Congress, the It is now in order to consider amend- man’s amendment. I want to commend United States has begun the tough task ment No. 6 printed in Part 1, Subpart A him on bringing this matter before the of investigating the scandals which the of House Report 109–132. body. United Nations is ridden with. But in It is now in order to debate the sub- Mr. MCCOTTER. Mr. Chairman, I my opinion, the United States will ject of United Nations peacekeeping yield myself such time as I may con- never be able to hold the United Na- operations. sume and would like to thank the dis- tions accountable if we do not know The gentleman from New Jersey (Mr. tinguished minority ranking member, where our aid, our money is going once SMITH) and the gentleman from Cali- the chairman of our committee, and we hand it over to the United Nations. fornia (Mr. LANTOS) each will control 5 everyone who is engaged in this debate. My amendment simply would require minutes. It has been an honor to work on this the OMB to give a yearly report to The Chair recognizes the gentleman issue with them. It has been an honor Congress on all the contributions, from New Jersey (Mr. SMITH). to learn from them. And more impor- whether they be assessed, voluntary, or Mr. SMITH of New Jersey. Mr. Chair- tantly, it has been an honor to see the in-kind, that the United States gives to man, I reserve the balance of my time. example they set and to set a bar for the United Nations. The American tax- Mr. LANTOS. Mr. Chairman, I yield 5 others in this institution to emulate payers have the right to know how the minutes to the gentleman from Cali- their integrity. United Nations is spending American fornia (Mr. BERMAN). Mr. Chairman, I yield back the bal- money. So by keeping track of our con- Mr. BERMAN. Mr. Chairman, I thank ance of my time. tributions, the United States will be the ranking member for yielding me The CHAIRMAN. The question is on more capable of holding the United Na- this time. the amendment offered by the gen- tions accountable for the way it spends Because he is not on the floor at this tleman from Michigan (Mr. MCCOTTER). members’ monies and makes use of point, I am not going to take this op- The amendment was agreed to. members’ contributions. portunity, I will have many more, to The CHAIRMAN. It is now in order to Mr. LANTOS. Mr. Chairman, will the express in some detail my affection, consider amendment No. 5 printed in gentleman yield? my respect and my admiration for the Subpart A of Part 1 of House Report Mr. POE. I yield to the gentleman chairman of our committee who spon- 109–132. from California. sors this bill and who has announced PART 1, SUBPART A AMENDMENT NO. 5 OFFERED his intent not to seek reelection to the BY MR. POE b 1845 next Congress. But once in a while in Mr. POE. Mr. Chairman, I offer an Mr. LANTOS. Mr. Chairman, I com- the course of both of our tenures here, amendment. mend the gentleman from Texas (Mr. I have had occasion to oppose an initia- The CHAIRMAN. The Clerk will des- POE) for presenting this amendment. tive, and in this case I do so very ignate the amendment. We have no objections. We are prepared strongly. The text of the amendment is as fol- to accept it. On the surface this may look like a lows: Mr. SMITH of New Jersey. Mr. Chair- partisan conflict, but in reality it is Part 1, Subpart A amendment No. 5 offered man, will the gentleman yield? not. The Ambassador under Ronald by Mr. POE: Mr. POE. I yield to the gentleman Reagan to the United Nations says In title I, add at the end the following new from New Jersey. about the bill before us, Reforming the section: Mr. SMITH of New Jersey. Mr. Chair- United Nations is the right goal. With- SEC. 110. REPORT ON UNITED STATES CONTRIBU- man, I thank the gentleman for offer- holding our dues to the U.N. is the TIONS TO THE UNITED NATIONS. Not later than 12 months after the date of ing this amendment. One of the dif- wrong methodology. When we last built the enactment of this Act, the Director of ficulties we had when involved with the debt to the U.N., the U.S. isolated our- the Office of Management and Budget shall arrearage issue some years ago was the selves from our allies within the U.N. submit to the Committee on International fact that for many Americans, it was a and made diplomacy an impossible H4634 CONGRESSIONAL RECORD — HOUSE June 16, 2005 task. Modernizing the United Nations there is a compelling national interest holding of support for new and ex- to be more capable and effective must reason for us to support a peacekeeping panded missions. They are: the adop- be done through engaging our allies operation once again that may not in- tion of a uniform code of conduct; the and being a leader for creating a U.N. volve U.S. troops or forces? Why would training of peacekeeping personnel on for a new century. That is Ambassador we want to mandate something that is that code of conduct; the signature of Jeane Kirkpatrick, no member of the fraught with constitutional problems an oath to abide by the code of con- United World Federalists is she. and does a disservice to our national duct; design of programs to explain A recent commission co-chaired by interest in such legislation? This is a prohibited acts to host populations so our former speaker Newt Gingrich, not foolish and improper amendment. there would be greater accountability a man enamored of ideological Mr. SMITH of New Jersey. Mr. Chair- for the behavior of peacekeepers; and multilateralism, prepared a report on man, I ask unanimous consent to yield the creation of a centralized database much-needed U.N. reforms and never the balance of my time to the gen- to track these areas of misconduct. suggests a mandatory dues cut as a tleman from Indiana (Mr. PENCE) and Once again I say that officials at the way to effectively achieve those re- that he may control the time. U.N. believe that most of these reforms sults. The CHAIRMAN. Is there objection will be in place in a matter of weeks, so The President of the United States to the request of the gentleman from it is difficult to understand how requir- and this administration, which I be- New Jersey? ing these reforms before any additional lieve is a Republican administration, There was no objection. U.S. missions are approved under indicates very strongly the error of Mr. PENCE. Mr. Chairman, I yield peacekeeping operations is a little hard this approach and asks this body to re- myself such time as I may consume. to understand. consider moving ahead with this par- I rise for a few brief moments to Two additional reforms are equally ticular bill. speak on behalf of title VI of this bill critical, but may require more time to But the area that I want to most which calls for far-reaching reforms in implement: the adoption of a model focus on does not deal with the dues the areas of planning, management, memorandum of understanding; and cut, but has a provision on peace- conduct and accountability of peace- the establishment of an independent keeping that is particularly egregious. keeping operations within the United investigative audit that functions for Based on the failure to implement five Nations. It does, as the gentleman from peacekeeping missions. reforms by the effective date of this California said quite accurately, it These are all part and parcel of re- bill, the day after this bill is signed does involve some tough love and the storing the credibility of the good work into law, and those reforms are much potential for withholding support for that U.N. peacekeepers have done needed, I think they are on the way to the creation of new or expanded peace- throughout the past 60 years, and it is happening, I do not quarrel with any of keeping missions if the U.N. does not central to the principle of the Henry J. them, in fact, I think they are compel- implement the most basic yet criti- Hyde U.N. Reform Act that we stand, ling in their nature, this bill mandates cally important reforms that are called even with tough love, for the idea that the President of the United States to for. we use the power of the purse, which is instruct our Ambassador to the United As I have said before, the power of the power of the American people, in Nations to veto any new or the expan- the purse is the power of the American this case the threat of withholding ad- sion of any existing peacekeeping oper- people. While title IV of the peace- ditional missions to the United Nations ation. keeping reforms of this bill do not cut under peacekeeping operations to de- In other words, the Congress steps in, peacekeeping funds, they do withhold mand that these necessary reforms are usurps the executive branch function of the expansion of any U.S. involvement implemented. formulating foreign policy in exer- in peacekeeping operations if these re- Mr. LANTOS. Mr. Chairman, will the cising its discretion on what its ap- forms are not enacted. gentleman yield? pointee will do in the end without re- The need for the reforms are obvious. Mr. PENCE. I yield to the gentleman gard to U.S. national interests and in The Congo in this last calendar year, from California. direct violation of executive branch U.N. peacekeepers and civilian per- Mr. LANTOS. Mr. Chairman, I have prerogatives. sonnel stand accused of widespread sex- the greatest respect for the gentleman For the chairman of this committee ual exploitation of refugees in the from Indiana (Mr. PENCE). The problem to sponsor a bill that does something Democratic Republic of Congo. with this provision, as with much of like that is, I would suggest, quite out In Eritrea in 2005, U.N. peacekeeping the bill, is the lack of judgment that of character because there is no one in staff ran up more than $500,000 of un- our Secretary of State could bring to this House who has made a stronger paid international calls. bear as a new, tragic Darfur-like situa- point in his career of trying to ensure In Burundi in 2004, two U.N. peace- tion erupts someplace. that the President’s power as Com- keepers were suspended following alle- We do not question the need for im- mander in Chief and implementer of gations of sexual misconduct. proving the peacekeeping process, we foreign policy is maintained. In Sierra Leone in 2003, U.N. peace- are with you totally on that, but we The national interest issue compels keepers were accused by Human Rights would like to have our Secretary of us to say this is not the right approach. Watch of systematic rape of women, State have the opportunity of exer- What if a new U.N. peacekeeping oper- and the list goes on and on and on. cising her judgment in a rapidly chang- ation, the problems with China or Rus- The need for reform is real. I am ing and evolving situation. sia in the context of Darfur are over- pleased to say there is broad agreement The CHAIRMAN. All time for general come, and there is a consensus for a about the need for reform. In fact, the debate on Part 1, Subpart B has ex- new augmented operation there involv- United Nations Special Committee on pired. ing African countries, involving Euro- Peacekeeping Operations has endorsed It is now in order to consider amend- pean countries, perhaps with no com- specifically all seven of the reforms ment No. 1 printed in Subpart B of mitment whatsoever from the United that are included in this legislation. In Part 1 printed in House Report 109–132. States for such an operation? Because fact, those reforms have been endorsed of the failure to fully implement all by Prince Zeid of Jordan, the Secretary b 1900 five of these reforms, our Ambassador, General’s special advisor on sexual ex- PART 1, SUBPART B AMENDMENT NO. 1 OFFERED notwithstanding the humanitarian ploitation and abuse, and all but one, BY MR. BOOZMAN tragedy, notwithstanding how the the signature of an oath, have already Mr. BOOZMAN. Mr. Chairman, I offer United States will look to the rest of been adopted by the U.N. special com- an amendment. the world, our Ambassador is required mittee. The CHAIRMAN. The Clerk will des- to veto such a peacekeeping operation? According to officials at the U.N., ignate the amendment. What if a situation like East Timor most of these reforms are expected to The text of the amendment is as fol- comes up again, and whatever the prob- be in place by the end of July 2005. Five lows: lems have been, and whatever the fail- of the peacekeeping reforms under this Part 1, Subpart B amendment No. 1 offered ures to fully implement these reforms, title are linked to immediate with- by Mr. BOOZMAN: June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4635 In section 402(1) (relating to reform of There was no objection. There are 6,700 United Nations troops United Nations peacekeeping operations), Mr. LANTOS. Mr. Chairman, I yield 1 in Haiti today along with 1,400 U.N. po- add at the end the following new subpara- minute to the gentleman from Cali- lice working to keep order, and more graph: fornia (Mr. BERMAN). are scheduled. Without that United Na- (E) GRATIS MILITARY PERSONNEL.—The Gen- eral Assembly should lift restrictions on the Mr. BERMAN. Mr. Chairman, I thank tions presence, the United States utilization at the headquarters in New York, the gentleman for yielding me this would be left with the responsibility of the United States, of the Department of time. I just want to respond to what I restoring order, providing security, and Peacekeeping Operations of gratis military think was an inadvertent rebuilding a functioning government. personnel by the Department so that the De- misstatement by the gentleman from This is nation-building for real that partment may accept secondments from Indiana on what I think is an over-the- hopefully will transpire in Haiti. Oth- Member States of military personnel with top provision of this bill, requiring a erwise, we will be looking at a failed expertise in mission planning, logistics, and veto of any new or expanded peace- state close to our southern borders other operational specialties. with all the consequences that that The CHAIRMAN. Pursuant to House keeping operations in the Security will implicate. Resolution 319, the gentleman from Ar- Council. He referred to it as an ability It is the United Nations that is keep- kansas (Mr. BOOZMAN) and a Member for the U.S. to withhold its forces for ing Haiti from total collapse into anar- opposed each will control 5 minutes. it. But read the provision you have The Chair recognizes the gentleman written: the President shall direct the chy. I have no doubt that the expenses associated with that scenario, if there from Arkansas (Mr. BOOZMAN). United States permanent representa- Mr. BOOZMAN. Mr. Chairman, I tive to the U.N. to use the voice, the is a total collapse, will vastly exceed yield myself such time as I may con- vote and the influence of the U.S. at our annual commitment to the United sume. the U.N. to oppose the creation of a Nations, both voluntary and assessed, I rise today to offer an amendment new or expansion of existing peace- for years to come. Not only would we that would give the United Nations keeping operations. have to commit U.S. troops to restore greater flexibility in the peacekeeping ‘‘Vote’’ means ‘‘veto’’ at the Security order; we might have to deal with a hu- operations that they are involved in by Council. You veto the peacekeeping op- manitarian crisis that could very well allowing voluntary military personnel eration, it does not happen. The geno- compel us to use Guantanamo for to serve at the Department of Peace- cide in Darfur continues, no matter something significantly different from keeping Operations in New York. This what the political will is of the body, its current use, much like we did in the was the norm until early 1999. Over because we have only trained 60,000 of early 1990s when it was a refugee center time, 130 experienced officers had been the 68,000 peacekeepers by the day this for Haitians who were fleeing from loaned. They had expertise in mission bill passes. This has nothing to do with their country in makeshift crafts and planning, logistics, all of the things the debate about withholding dues as dying by the thousands. As the world’s that are so important in these types of leverage. This has to do with define our richest nation and the sole superpower, missions. There was a lull and because own national interests in the name of I this unpleasant task would fall to us of the complaint of some of the other do not know what. It makes no sense, alone. nations that 85 percent of this group it is unconstitutional, and it should Do we really want to assume that came from developed countries, it was have been stricken from this bill. burden? That is just one example. Mul- discontinued. Mr. LANTOS. Mr. Chairman, I yield tiply the potential by 16, by a factor of As a member of the Committee on the balance of my time to the gen- 16, if this particular provision should International Relations, I frequently tleman from Massachusetts (Mr. eventually become law. We put our- selves, our troops, our taxpayers at hear of the problems that we have with DELAHUNT). peacekeeping, the atrocities in various The CHAIRMAN. The gentleman great risk. Mr. BOOZMAN. Mr. Chairman, I parts of the world. Again, I think that from Massachusetts is recognized for 4 yield myself such time as I may con- this is a situation that would greatly minutes. sume. remedy that. Mr. DELAHUNT. I thank the gen- Not too long ago, my wife came to Rotating these professionals into the tleman for yielding me this time. me. She had, the night before, seen a U.N. on a periodic basis provides a Mr. Chairman, I would like to speak program on television. She said, John, means for introducing new ideas, tech- to reality, too, as the gentleman from is it true that the U.N. peacekeepers niques, and experience without having California just did. I think it is impor- are trading sex for peanut butter with to deal with terminating contracts or tant we not deceive ourselves. While 9- and 10-year-old kids? She could not moving people and positions. It allows the United Nations clearly needs our the system to deal with unexpected de- believe it. I looked at her, and I said, leadership, we also need the United Na- Cathy, it’s true. That is happening. mands. The U.N.’s new operational re- tions, particularly in the area of peace- sponsibilities demand a more flexible I talked to Chairman SMITH and he keeping. There are some 16 peace- subsequently held hearings. They came approach. keeping missions deployed around the I think the other thing is that this over and assured us that things were world today. They number at least would not cost anything. This would be getting better. We were told that basi- 70,000 troops. Ten of them, 10, are a mechanism where, in fact, I think we cally the implication was on the bat- could save a great deal of money by American. These so-called ‘‘blue hel- tlefield, these things happen, sexual being much more efficient. We are ask- mets’’ have saved the lives of hundreds abuse occurs. My response was, This ing the United Nations to be more ef- of thousands of innocent people and isn’t sexual abuse. That taking pic- fective with their planning and their some of them have been killed while tures of 9- and 10-year-old kids, exploit- operations. The other thing that is im- doing so. ing them, was child abuse and a crimi- portant is that in no way does this re- Are there problems? Clearly there are nal matter. quire our Department of Defense to as- problems. Is progress being made? Yes, We heard that there would be zero sign any U.S. military personnel. It progress is being made. The gentleman tolerance. A week later, another tele- only leaves the door open. from New Jersey (Mr. SMITH) and my- vision program and the guy said, We I want to thank my chairman and self recently met with Prince Zeid. have heard there is going to be zero thank the ranking member for their There is progress being made, but this tolerance. He said, What does that work on this and, again, our staffs. amendment does not help the cause. mean? He showed pictures of these Mr. Chairman, I reserve the balance Just imagine, if you will, the cost to guys sneaking out at night to a village, of my time. the United States in terms of dollars again to do their work and showed a Mr. LANTOS. Mr. Chairman, I ask and blood if Americans were required picture of a guy riding around in a U.N. unanimous consent, although we do to fill those roles. This bill could very vehicle with a prostitute. not oppose this amendment, that we well force the U.S. military, which is I think we have worked, we have held have 5 minutes to explain our position. as we know already stretched dan- our hearings, we have coerced. I think The CHAIRMAN. Is there objection gerously thin, to deploy to more and the time now is to demand account- to the request of the gentleman from more inhospitable venues. One example ability. Again, I would ask all of my California? that we are all familiar with, Haiti. colleagues to vote for this amendment. H4636 CONGRESSIONAL RECORD — HOUSE June 16, 2005 Mr. Chairman, I yield back the bal- disregard not only Federal and State foreign country or international tri- ance of my time. law but also the Uniform Code of Mili- bunal. The CHAIRMAN. The question is on tary Conduct, thereby establishing a Could the gentleman tell the body the amendment offered by the gen- rogue court in which foreign judges can what section of the gentleman from Il- tleman from Arkansas (Mr. BOOZMAN). indict, try, and convict American linois’ (Chairman HYDE) bill could be The amendment was agreed to. troops for broadly defined and openly construed to require the surrender of The CHAIRMAN. It is now in order to interpreted crimes, all without any of officials, what section of the gen- consider amendment No. 2 printed in the fundamental legal rights guaran- tleman from Illinois’ (Chairman HYDE) Subpart B of Part 1 of House Report teed by the United States Constitution. bill could be construed as requiring su- 109–132. The ICC, then, represents a clear and perseding the Uniform Code of Military PART 1, SUBPART B AMENDMENT NO. 2 OFFERED present danger to the ultimate success Justice? I am certainly unaware of any BY MR. KLINE of the civilized world’s war on terror such section, and I am certainly un- Mr. KLINE. Mr. Chairman, I offer an and an affront to both our troops and aware of any desire by the gentleman amendment. the Nation they serve. When we ask from Illinois (Chairman HYDE) to The CHAIRMAN. The Clerk will des- American men and women to risk their present to the body such a section. ignate the amendment. lives around the world to defend our Mr. KLINE. Mr. Chairman, will the The text of the amendment is as fol- freedom, the least we can do is promise gentleman yield? lows: them they will not be hauled before an Mr. BERMAN. I yield to the gen- Part 1, Subpart B amendment No. 2 offered unaccountable, politically motivated tleman from Minnesota. by Mr. KLINE: court just for doing their job. Mr. KLINE. Mr. Chairman, I thank In title IV (relating to United Nations The United States is not a party to the gentleman for yielding to me. peacekeeping operations), add at the end the the ICC and has even taken the unprec- This is extremely well-crafted legis- following new section (and conform the table edented step of ‘‘unsigning’’ the treaty lation that the chairman has brought of contents accordingly): to clarify that point. We do not cooper- forward in close cooperation with SEC. 404. RULE OF CONSTRUCTION RELATING TO ate in any of its proceedings or pre- many of his colleagues on the Com- PROTECTION OF UNITED STATES OF- tenses, and we do not recognize its au- mittee on International Relations, and FICIALS AND MEMBERS OF THE I am in very strong support of this bill. ARMED FORCES. thority over any action undertaken by Nothing in this title shall be construed as a single citizen of this Nation. The ICC There is language in section 4 which superseding the Uniform Code of Military is a product of the worst excesses of calls for a uniform code of conduct, Justice or operating to effect the surrender the undemocratic mindset that has so which I think is a very excellent idea. of United States officials or members of the permeated the United Nations and dis- We want to be very certain that as Armed Forces to a foreign country or inter- torted its true purpose. this legislation goes forward, it in no national tribunal, including the Inter- The United Nations’ mission is to way can be misinterpreted to impinge national Criminal Court, for prosecutions protect and promote human rights upon the Uniform Code of Military Jus- arising from peacekeeping operations or around the globe, to exhort with clar- tice or the American Servicemembers’ other similar United Nations-related activ- Protection Act. We are trying to avoid ity, and nothing in this title shall be inter- ity and courage the principles of jus- preted in a manner inconsistent with the tice and liberty to those who would any confusion here and make sure that American Servicemembers’ Protection Act seek to oppress them. The ICC, on the our men and women who are going to of 2002 (title II of the 2002 Supplemental Ap- contrary, could be an instrument of un- work in United Nations peacekeeping propriations Act for Further Recovery From democratic score-settling, a shadowy operations and go around the world are and Response To Terrorist Attacks on the kangaroo court in which despots and in no way compromised. United States; Public Law 107–206). their diplomats can humiliate and even Mr. DELAHUNT. Mr. Chairman, will The CHAIRMAN. Pursuant to House imprison the men and women who have the gentleman yield? Resolution 319, the gentleman from the courage to do the work the U.N. re- Mr. LANTOS. I yield to the gen- Minnesota (Mr. KLINE) and a Member fuses to do. tleman from Massachusetts. opposed each will control 5 minutes. I urge our colleagues to vote for the Mr. DELAHUNT. Mr. Chairman, I do The Chair recognizes the gentleman Kline amendment and reiterate Amer- not know if the proponent of the from Minnesota (Mr. KLINE). ica’s commitment to our troops, our amendment is aware of the fact that Mr. KLINE. Mr. Chairman, I am very national sovereignty, and the hard U.S. personnel are already prohibited pleased to yield 30 seconds to the gen- work of human freedom. from being under the command of an- tleman from Texas (Mr. DELAY), the Mr. LANTOS. Mr. Chairman, I ask other nation, and therefore would al- distinguished majority leader. unanimous consent that we be given 5 ways be subject to the UCMJ. Mr. DELAY. Mr. Chairman, I thank minutes to explain our position. Mr. KLINE. Mr. Chairman, will the the gentleman for yielding me this The CHAIRMAN. Is the gentleman gentleman yield? time. I rise in strong support of the from California in opposition to the Mr. LANTOS. I yield to the gen- Kline amendment and thank the gen- amendment? tleman from Minnesota. tleman from Minnesota for offering it Mr. LANTOS. I am not opposed to Mr. KLINE. Mr. Chairman, we are today. the amendment. trying to make sure that there is no No one in this body knows better The CHAIRMAN. Without objection, possibility for misinterpretation as we than the gentleman from Minnesota the gentleman is recognized for 5 min- bring forward this very important new the paramount and absolute need to utes. legislation, and that it can in no way protect, with every tool at our dis- There was no objection. subject the American Armed Forces or posal, our men and women in uniform. any other American personnel, for that The gentleman from Minnesota’s b 1915 matter, to foreign tribunals or the amendment today does just that by ex- Mr. LANTOS. Mr. Chairman, I yield International Criminal Court. pressly stating in this long overdue such time as he may consume to the Mr. BERMAN. Mr. Chairman, will United Nations reform package that all gentleman from California (Mr. BER- the gentleman yield? of the reforms we will pass augment, MAN). Mr. LANTOS. I yield to the gen- and in no way change, the Federal law Mr. BERMAN. Mr. Chairman, I would tleman from California. that exempts our troops from prosecu- like to use this time, if I might, to ask Mr. BERMAN. Mr. Chairman, would tion in the International Criminal the gentleman from Minnesota a ques- it be fair to say that, in effect, his ef- Court. tion. fort is an effort to gild the lily? The ICC is a threat not only to the His amendment says that nothing in Mr. KLINE. Mr. Chairman, will the sovereignty of the United States and to this title, this title that the gentleman gentleman yield? the constitutional rights of American from Illinois (Chairman HYDE) has Mr. LANTOS. I yield for the final citizens; it is an overreaching distor- brought to us, should be construed to time, but before I do so, Mr. Chairman, tion of the United Nations charter and supersede the Uniform Code of Military let me say that we accept the gentle- its mission. The ICC would, in effect, Justice or surrender U.S. officials to a man’s amendment. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4637 I yield to the gentleman from Min- tleman from Minnesota (Mr. KLINE) has To put it simply, the catalyst was nesota for the final time. brought forward to the bill. Certainly the Iran case. For at least two decades, Mr. KLINE. Mr. Chairman, I thank today United States troops are de- the Iranian regime has been pursuing a the gentleman for yielding to me. ployed around the world as they defend covert nuclear program. According to I just want to be very brief. our freedoms and as they assist others the November 2003 report of the IAEA, Mr. BURTON of Indiana. Mr. Chair- in defending their freedom. Iran’s deceptions have dealt with the man, will the gentleman yield? In Iraq and Afghanistan they are most sensitive aspects of the nuclear Mr. LANTOS. I yield to the gen- working tirelessly to create a secure cycle. Furthermore, the International tleman from Indiana. environment for fledgling democracies. Atomic Energy Agency could not dis- Mr. BURTON of Indiana. Mr. Chair- On the Korean Peninsula, they face a prove that Iran’s nuclear program was man, I just want to say to my col- brutal dictator. In Kosovo they observe not for weapons development. In 2004, leagues this is a very serious debate, an uneasy peace among old adversaries, the IAEA reports enumerated more Ira- and when one starts using terminology and in Japan and Europe they stand to nian breaches, including work on an like is he trying to gild the lily, he is react to any national crisis. In addi- element that could be used for nuclear trying to protect American servicemen tion, our naval personnel operate in explosions. And the response from the from any kind of legal action that dozens of bases worldwide to protect Iranian Foreign Minister as well as the might be taken against them. So let us global trade routes, prevent nuclear Secretary of Iran’s Supreme National be serious about it. proliferation, and many other impor- Security Council was that Iran had to Mr. KLINE. Mr. Chairman, I yield tant tasks. be recognized by the international myself such time as I may consume, And even as they perform these ac- community as a member of the nuclear and I thank the gentleman from Indi- tions in defense of liberty in other na- club and, ‘‘This is an irreversible ana for his comments. tions, our troops serve the United path,’’ they said. I want to be very clear that I am in States of America, not the United Na- Fast forward to this year, and the strong support of this legislation that tions or any other foreign power. Their news reports appearing in the last few has come forward by the Committee on mission may send them abroad, but we months state that the Iranian regime International Relations, but there are must never allow a foreign court to plans to install 54,000 advanced P–2 things that raise my interest and my interfere in U.S. military affairs. model centrifuges at its facility in concern. Examples already exist of the dan- Natanz. The Director General of the A few weeks ago media outlets gers of the International Criminal IAEA has called upon Iran to allow its throughout the world proudly parroted Court. During the most notable exam- inspectors full access to the sites in Amnesty International’s unfounded ple recently, European opponents of Lavizan and Parchin. Yet Iran has recently barred the charges of torture and ill treatment in the Iraq War suggest that senior U.S. International Atomic Energy Agency the so-called America ‘‘gulags.’’ In- officials including the Secretary of De- from visiting those sites, and Western stead of condemning the government- fense and top military commanders intelligence sources cited by the media inflicted famine in Kim Jong-Il’s North should be tried by that Court. sources suspect that Iran may be ex- Korea or continued human rights The United States of America has a perimenting with high explosives ap- abuses in Castro’s Cuba, the executive long history of fair and firm military director of Amnesty International USA propriate for nuclear weapons. justice. The Uniform Code of Military Just yesterday at the Board meeting revealed the true goal of organizations Justice is understood and respected by in Vienna of the IAEA, it was revealed such as his when he called on foreign our military personnel that serves our that Iran had conducted experiments governments to arrest and prosecute Armed Forces well. Under no cir- to create plutonium for many more U.S. Government officials and military cumstances should our men and women years beyond what it claimed. personnel. We want to make sure that in uniform fear retribution in the form All of this, and Iran has yet to suffer we have got language in here that of prosecution by a foreign court of jus- any consequences or has been held ac- would prevent that. tice. countable by the IAEA for its flagrant The Belgian experience, for example, I think the gentleman from Min- and indeed dangerous violations and and recent propaganda espoused by nesota (Mr. KLINE) understands this as breaches. In fact, Iran recently served Amnesty International shows that we well as any Member of this body. I ap- on the Board of Governors of the Inter- were wise to doubt the merchants who preciate his bringing this amendment national Atomic Energy Agency be- were peddling ‘‘universal jurisdiction’’ to the floor, and I am pleased to see it cause, under the current structure, at the cost of national sovereignty. In- included in a bill that I hope is heartily under its policies, countries that are deed, even President Clinton did not responded to by support today. suspected of breaching their safe- send the Rome Statute establishing the Mr. KLINE. Mr. Chairman, I yield guards, they are allowed to serve in International Criminal Court to the back the balance of my time. leadership positions within the Agency. U.S. Senate because of its fundamental The CHAIRMAN. The question is on The Iran case as well as the linkage flaws. the amendment offered by the gen- to the nuclear black market network The United States is a Nation dedi- tleman from Minnesota (Mr. KLINE). of Pakistani scientist A.Q. Khan illus- cated to justice and the rule of law, The amendment was agreed to. trates another grave issue, the need to and we cannot allow these fundamental The CHAIRMAN. It is now in order to deny and deprive terrorists, whether protections to be stripped from our debate the subject of the International state or nonstate actors, the access to servicemen and women performing Atomic Energy Agency. the technology, to the parts, and to the peacekeeping missions, and I think we The gentlewoman from Florida (Ms. materials to develop a nuclear-related in this body need to be ever vigilant to ROS-LEHTINEN) and the gentleman from arsenal. These dangers prompted the ensure that that does not happen. California (Mr. LANTOS) each will con- gentleman from Illinois (Chairman Mr. LANTOS. Mr. Chairman, if the trol 5 minutes. HYDE) and me to take immediate steps gentleman will yield, we are pleased to The Chair recognizes the gentle- within the context of the U.N. reform accept the gentleman’s amendment. woman from Florida (Ms. ROS- bill to strengthen the International Mr. Chairman, I yield back the bal- LEHTINEN). Atomic Energy Agency in the areas of ance of my time. Ms. ROS-LEHTINEN. Mr. Chairman, safeguard inspections and nuclear secu- Mr. KLINE. Mr. Chairman, I yield I yield myself such time as I may con- rity; also, to effectively use U.S. con- the balance of my time to the gen- sume. tributions to deny rogue states and tleman from Missouri (Mr. BLUNT), the I rise in strong support of the Henry state sponsors of terrorism, such as distinguished majority whip. J. Hyde United Nations Reform Act Iran, such as Syria, the ability to pur- Mr. BLUNT. Mr. Chairman, I thank and would like to provide some insight sue dangerous weapons with virtual the gentleman for yielding me this on the background and the impetus for impunity. time. Title III of the bill that relates, as the And title III of this bill thereby I thank our friends for accepting this Chair pointed out, to the International translates objectives into concrete ac- important amendment that the gen- Atomic Energy Agency. tions to achieve U.S. H4638 CONGRESSIONAL RECORD — HOUSE June 16, 2005 counterproliferation goals. It seeks the we can, while pushing it, and its gov- representative to the International establishment of an Office of Compli- erning councils of member states, to Atomic Energy Agency to do all it can ance and enforcement within the Sec- give it more authority to investigate to ensure that Iran be cut off from any retariat of the Agency to function as and even punish countries that have nuclear material technology and as- an independent body of technical ex- violated their safeguards agreements sistance. perts that will assess the activities of and their non-nuclear commitments. Secondly, the amendment provides member states and recommend specific The provisions of the Lantos-Shays for penalties for any country that con- penalties for those that are in breach substitute amendment do just that. tinues to provide assistance to Iran’s or violation of their obligations. Also, Mr. Chairman, I yield back the bal- nuclear efforts. it establishes a Special Committee on ance of my time. Mr. Chairman, for over 35 years Iran Safeguards and Verification to advise The CHAIRMAN. All time for general has been a non-nuclear party to the the Board of Governors on additional debate under Part 1 of Subpart C has Nuclear Nonproliferation Treaty. As measures necessary to enhance the expired. such, it is bound by the treaty to open Agency’s ability to detect undeclared It is now in order to consider amend- up all of its nuclear program efforts for activities by member nations. Further- ment No. 1 printed in Subpart C of Part international inspection. Despite this more, it seeks the suspension of privi- 1 of House Report 109–132. obligation, Iran has continued to pur- leges of member states that are under PART 1, SUBPART C AMENDMENT NO. 1 OFFERED sue the development of nuclear capa- investigation or in breach or non- BY MR. CANTOR bility in the dark without trans- compliance of their obligations and the Mr. CANTOR. Mr. Chairman, I offer parency. establishment of membership criteria an amendment. Two years ago, an Iranian opposition that would keep such rogue states, The CHAIRMAN. The Clerk will des- group revealed the location of hidden such as Iran, such as Syria, from serv- ignate the amendment. facilities used for the development of a ing on the Board of Governors. The text of the amendment is as fol- nuclear program, locations which have The section in this act reinforces our lows: since been verified by the IAEA. As the U.S. priorities concerning the safety of Part 1, Subpart C amendment No. 1 offered gentlewoman from Florida (Chairman nuclear materials and by Mr. CANTOR: ROS-LEHTINEN) pointed out just yester- In section 301, redesignate subsection (d) as counterproliferation by calling for U.S. day, Iran acknowledged working with voluntary contributions to the Agency subsection (e). In section 301, insert after subsection (c) plutonium, a possible nuclear arms to primarily be used to fund activities the following new subsection: component, for years longer than it ad- related to nuclear security. (d) NUCLEAR PROGRAM OF IRAN.— mitted to the IAEA. We also found out And, Mr. Chairman, that is why, (1) UNITED STATES ACTION.—The President it had received sensitive technology under the leadership and expertise of shall direct the United States Permanent that can be used as parts of weapons the gentleman from Illinois (Chairman Representative to the IAEA to use the voice, programs earlier than it originally said vote, and influence of the United States at HYDE), we understand that the bill be- it did. fore us and especially Title III of this the IAEA to make every effort to ensure the adoption of a resolution by the IAEA Board Iran claims these efforts are for a bill translates these objectives into peaceful purpose. But how can one real- concrete actions, and we hope that the of Governors that makes Iran ineligible to receive any nuclear material, technology, ly believe that Iran needs a civilian nu- full body will recommend passage of equipment, or assistance from any IAEA clear program when it sits on the this bill. Member State and ineligible for any IAEA world’s second largest proven reserves The CHAIRMAN. The time of the assistance not related to safeguards inspec- of natural gas, not to mention its pe- gentlewoman from Florida expired. tions or nuclear security until the IAEA troleum deposits? Clearly, Mr. Chair- Mr. LANTOS. Mr. Chairman, I yield Board of Governors determines that Iran— man, I posit Iran cannot be trusted. myself such time as I may consume. (A) is providing full access to IAEA inspec- The International Atomic Energy tors to its nuclear-related facilities; As Iran has repeatedly lied to the Agency is a vital U.N.-affiliated agency (B) has fully implemented and is in compli- world regarding the extent and sophis- that directly serves the national secu- ance with the Additional Protocol; and tication of its nuclear program, Tehran rity interests of the United States and (C) has permanently ceased and dismantled serves as the world’s capital for the ex- all activities and programs related to nu- port and sponsorship of terrorism. It underpins the global nuclear non- clear-enrichment and reprocessing. proliferation regime. has demonstrated a willingness to pro- (2) PENALTIES.—If an IAEA Member State voke its neighbors, as well as the The IAEA safeguards and inspection is determined to have violated the prohibi- system is the primary means, and tion on assistance to Iran described in para- United States and Israel. Past efforts sometimes the only means, by which graph (1) before the IAEA Board of Gov- to stop Iran’s pursuit of nuclear weap- we and the rest of the world can gain ernors determines that Iran has satisfied the ons have obviously failed. information and insight into the nu- conditions described in subparagraphs (A) Mr. Chairman, this amendment clear activities of countries of concern through (C) of such paragraph, such Member makes a clear and unequivocal declara- such as Iran. State shall be subject to the penalties de- tion to Iran, as well as to the nations scribed in section 301(a)(3), shall be ineligible of the world, that the United States is b 1930 to receive nuclear material, technology, serious about stopping Iran’s develop- I want to take this opportunity to equipment, or assistance from any IAEA ment of nuclear weapons. I urge the Member State, and shall be ineligible to re- commend the IAEA’s investigation ceive any IAEA assistance not related to passage of this amendment. into Iran’s deceit, obfuscation and out- safeguards inspections or nuclear security Mr. Chairman, I reserve the balance right lies about its nuclear activities. until such time as the IAEA Board of Gov- of my time. For over 2 years now, IAEA investiga- ernors makes such determination with re- Ms. BERKLEY. Mr. Chairman, I am tors have refused to be intimidated by spect to Iran. not opposed to the amendment, and I Iran’s crude threats and tactics, and The CHAIRMAN. Pursuant to House ask unanimous consent to claim the they keep confronting Tehran with Resolution 319, the gentleman from time in opposition. facts and inconsistencies in Iran’s fee- Virginia (Mr. CANTOR) and a Member The CHAIRMAN. Is there objection ble excuses and fabrications about its opposed each will control 5 minutes. to the request of the gentlewoman nuclear activities. The Chair recognizes the gentleman from Nevada? Even today, Mr. Chairman, an IAEA from Virginia (Mr. CANTOR). There was no objection. official is reporting that Iran has ad- Mr. CANTOR. Mr. Chairman, I yield The CHAIRMAN. The gentlewoman mitted, when confronted by IAEA in- myself such time as I may consume. from Nevada (Ms. BERKLEY) is recog- vestigators, to conducting plutonium Mr. Chairman, I rise today in support nized for 5 minutes. processing experiments far more re- of this amendment to increase the abil- Ms. BERKLEY. Mr. Chairman, I yield cently than it previously claimed and ity of the United States to protect our myself such time as I may consume. lying about when it obtained uranium world from the spread of nuclear weap- Mr. Chairman, I would like to thank centrifuge enrichment equipment. ons to dangerous governments. the gentleman from Illinois (Mr. HYDE) Mr. Chairman, we must provide with This amendment does two things: and the gentleman from California (Mr. all the financial and other support that first, it calls for the U.S. permanent LANTOS) for their work on this issue, June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4639 and my good friend, the gentleman Iran’s controversial Bushehr reactor. amendment as the designee of the gen- from Virginia (Mr. CANTOR), for co- Under the agreement, Russia would tleman from Illinois (Mr. KIRK)? sponsoring this amendment with me. control the fissile material. But there Mr. SMITH of New Jersey. Yes, I am. This amendment would take a strong is nothing to prevent Iran from with- The CHAIRMAN. The Clerk will des- stand against Iranian nuclear prolifera- drawing from the agreement. If Iran ignate the amendment. tion and would help to ensure that Iran did that, the Bushehr reactor could The text of the amendment is as fol- ceases its weapons program. The produce enough plutonium annually for lows: amendment directs the permanent rep- 30 nuclear weapons. Part 1, Subpart C amendment No. 2 offered resentative to the IAEA to use his in- The Ayatollahs of Terror must not be by Mr. SMITH of New Jersey: fluence to ensure that Iran does not re- allowed to acquire nuclear weapons In section 301, redesignate subsection (d) as ceive any nuclear material or techno- under any circumstances. A nuclear subsection (e). logical assistance from other IAEA In section 301, insert after subsection (c) Iran threatens the entire planet. I urge the following new subsection: member states. This restriction will re- adoption of this amendment. (d) SMALL QUANTITIES PROTOCOL.—The main in place until Iran allows full ac- Mr. LANTOS. Mr. Chairman, will the President shall direct the United States Per- cess to its nuclear-related facilities by gentlewoman yield? manent Representative to the IAEA to use IAEA inspectors, has fully imple- Ms. BERKLEY. I yield to the gen- the voice, vote, and influence of the United mented IAEA’s additional protocol, tleman from California. States at the IAEA to make every effort to and has completely ended all nuclear Mr. LANTOS. Mr. Chairman, I want ensure that the IAEA changes the policy re- enrichment programs. to commend my good friend from Vir- garding the Small Quantities Protocol in Tehran has relentlessly pursued a order to— ginia and the gentlewoman from Ne- (1) rescind and eliminate the Small Quan- large-scale, covert nuclear weapons vada for their outstanding amendment. program for almost 2 decades. This pro- tities Protocol; We strongly support it. (2) require that any IAEA Member State gram represents the great proliferation Ms. BERKLEY. Mr. Chairman, I yield that has previously signed a Small Quan- challenge to the United States. Iran is back the balance of my time. tities Protocol to sign, ratify, and imple- the most active state sponsor of ter- Mr. CANTOR. Mr. Chairman, I yield ment the Additional Protocol, provide imme- rorism. It has provided Hezbollah, myself such time as I may consume. diate access for IAEA inspectors to its nu- Hamas, Islamic jihad, and the Popular Mr. Chairman, I thank the gentleman clear-related facilities, and agree to the Front For the Liberation of Palestine from California for his leadership and strongest inspections regime of its nuclear efforts; and with funding, training, and weapons to also the gentlewoman from Nevada. continue their terrorist attacks (3) require that any IAEA Member State But I do want to take this time, Mr. that does not comply with paragraph (2) to throughout the world. Chairman, to recognize the extraor- be ineligible to receive nuclear material, Unless the world community inter- dinary leadership of the gentleman technology, equipment, or assistance from venes, Iran will become the first active from Illinois (Chairman HYDE) of the any IAEA Member State and subject to the state sponsor of terrorism to acquire Committee on International Relations. penalties described in section 301(a)(3). the greatest instrument of terror and The gentleman from Illinois is truly The CHAIRMAN. Pursuant to House destruction, nuclear weapons. A nu- a man with a backbone of steel and a Resolution 319, the gentleman from clear-armed Iran will terrorize and de- heart of gold. He is an icon of this in- New Jersey (Mr. SMITH) and a Member stabilize the entire Middle East and stitution; and I, for one, know I am opposed each will control 5 minutes. pose a serious threat to Europe, Asia, joined by every Member of this House The Chair recognizes the gentleman Africa, as well as the United States. in thanking him for his leadership on from New Jersey (Mr. SMITH). Iran has already tested the Shahab-3 this bill and the number of other meas- Mr. SMITH of New Jersey. Mr. Chair- missile, with a range of over 1,250 ures that he has worked on and done man, I yield myself such time as I may miles. This not only puts Israel, the such a tremendous job with. consume. only democracy in the Middle East, in I am proud to be here in support of Mr. Chairman, by way of background, danger, but can be used to attack U.S. the Henry J. Hyde U.N. Reform bill, the Small Quantities Protocol frees bases in the region. There is strong evi- and I know my colleagues join me in countries from reporting the possession dence that Iran would be willing to sell thanking the gentleman from Illinois of up to 10 tons of uranium, up to 20 nuclear material to the highest bidder. (Chairman HYDE) for all that he does. tons of depleted uranium, depending on Worse yet, Iran might be willing to In paraphrasing a well-known phrase, enrichment, and up to 2.2 pounds of simply give the nuclear material away. I would like to just say, Mr. Chairman, plutonium. Some experts suggest that Faced with the reality of a radical Iran I sleep better every night knowing that 10 tons of natural uranium can be proc- with nuclear weapons, other countries essed into sufficient material for up to in the region might feel compelled to HENRY HYDE is here fighting for Amer- two nuclear warheads. Iran has already develop their own nuclear capability to ica. Mr. Chairman, I yield back the bal- reportedly utilized much smaller quan- maintain an awful balance of power. Iran continues to deceive the inter- ance of my time. tities of uranium or plutonium in lab- national community and hide its ac- The CHAIRMAN. The question is on oratory experiments with suspected tions from international observers. the amendment offered by the gen- links to nuclear arms programs. Iran did not acknowledge the existence tleman from Virginia (Mr. CANTOR). A recent IAEA internal memorandum of the Natanz fuel enrichment plant The question was taken; and the reportedly recommended that the agen- until after its existence was discovered. Chairman announced that the ayes ap- cy’s board approve no further small This facility can manufacture enough peared to have it. quantity protocols and that it grant uranium to produce 25 to 30 nuclear Mr. CANTOR. Mr. Chairman, I de- the IAEA chief the authority to ask weapons per year. In 2003, Iran admit- mand a recorded vote. that all signatories to the protocol ted that it had a laser uranium enrich- The CHAIRMAN. Pursuant to clause agree to cancel them. ment program not previously disclosed. 6 of rule XVIII, further proceedings on This amendment seeks to close the We know of two facilities that manu- the amendment offered by the gen- loophole from the inspections regime facture and refine nuclear materials, tleman from Virginia (Mr. CANTOR) will by, number one, calling for the IAEA including an enrichment facility de- be postponed. to rescind the Small Quantities Pro- signed for 1,000 centrifuges, and a large The CHAIRMAN. It is now in order to tocol; secondly, to require that any na- buried facility intended to house up to consider amendment No. 2 printed in tion that has signed the Small Quan- 50,000 centrifuges. Subpart C of Part 1 of House Report tities Protocol to have implemented Today, a report was delivered to the 109–132. and be in compliance with the addi- IAEA’s Board of Governors by the Dep- PART 1, SUBPART C AMENDMENT NO. 2 OFFERED tional protocol providing for more uty Director General of the UN. In it BY MR. SMITH OF NEW JERSEY stringent inspections; and, third, to Iran admits to experimenting with and Mr. SMITH of New Jersey. Mr. Chair- prohibit any IAEA members from re- producing plutonium. man, I offer an amendment. ceiving any nuclear-related material, Recently, Moscow entered into an The CHAIRMAN. Is the gentleman technology, equipment, or assistance agreement to provide nuclear fuel for from New Jersey seeking to offer the and be subjected to penalties if they do H4640 CONGRESSIONAL RECORD — HOUSE June 16, 2005 not adhere to the higher inspection not, through the IAEA, give it oper- PART 1, SUBPART C AMENDMENT NO. 3 OFFERED standards. ational capacity to do so; to be able to BY MR. MARKEY Clearly, Mr. Chairman, the protocol have the ability, for example, at the Mr. MARKEY. Mr. Chairman, I offer is out of date in an era marked by se- Bushehr Nuclear Facility, to be able to an amendment. cret nuclear programs that have been have operational capacity. The CHAIRMAN. The Clerk will des- discovered in Iran, Libya and North That is why that amendment is ignate the amendment. Korea, and where the bar is set much clearly so important. I look forward to The text of the amendment is as fol- higher for suspicions of possible atomic the State Department authorization lows: activities. By rescinding the Small bill, where language has been included Part 1, Subpart C Amendment No. 3 offered by Mr. MARKEY: Quantities Protocol, the IAEA will that we hope moves us closer, along In section 301(a)(3), amend the paragraph have additional access to evaluate the with the Security Council, to coming heading so as to read: ‘‘PENALTIES WITH RE- nuclear program of an IAEA member to understand the grave nature of the SPECT TO THE IAEA.––’’. state and to confirm that the state is challenge that we face in Iran and its In section 301(a), add at the end the fol- in full compliance with its safeguards nuclear energy. lowing new paragraph: obligations. Mr. Chairman, I yield 2 minutes to (4) PENALTIES WITH RESPECT TO THE NU- Mr. Chairman, I reserve the balance the gentleman from New Jersey (Mr. CLEAR NONPROLIFERATION TREATY.—The President shall direct the United States Per- of my time. ANDREWS). manent Representative to the IAEA to use Mr. MENENDEZ. Mr. Chairman, I am (Mr. ANDREWS asked and was given the voice, vote, and influence of the United not opposed to the amendment, but I permission to revise and extend his re- States at the IAEA to ensure that a Member ask unanimous consent to claim the marks.) State of the IAEA that is found to be in time in opposition. Mr. ANDREWS. Mr. Chairman, I breach of, in noncompliance with, or has The CHAIRMAN. Is there objection thank my good friend, the gentleman withdrawn from the Nuclear Nonprolifera- to the request of the gentleman from from New Jersey for yielding me this tion Treaty shall return to the IAEA all nu- New Jersey? time, and I rise in strong support of the clear materials and technology received amendment that the gentleman from from the IAEA, any Member State of the There was no objection. IAEA, or any Member State of the Nuclear The CHAIRMAN. The gentleman New Jersey (Mr. SMITH) has proffered. I Nonproliferation Treaty. from New Jersey (Mr. MENENDEZ) is commend the gentleman from Illinois The CHAIRMAN. Pursuant to House recognized for 5 minutes. for being the original author of the Resolution 319, the gentleman from amendment, and I am proud to be his (Mr. MENENDEZ asked and was Massachusetts (Mr. MARKEY) and a given permission to revise and extend cosponsor. Member opposed each will control 5 his remarks.) The reason we need this amendment minutes. Mr. MENENDEZ. Mr. Chairman, I is that a quantity of nuclear materials The Chair recognizes the gentleman yield myself 3 minutes. that could be put into a suitcase and from Massachusetts (Mr. MARKEY). Mr. Chairman, I wanted to rise in made into a nuclear weapon and deto- Mr. MARKEY. Mr. Chairman, I yield strong support of the previous amend- nated in Times Square or in some other myself 2 minutes. ment by the gentleman from Virginia major place in the United States or Mr. Chairman, in the 35 years since (Mr. CANTOR) and the gentlewoman around the world could be legally ob- the Nuclear Nonproliferation Treaty from Nevada (Ms. BERKELEY). It is an scured from international inspection has been in force, much has changed important initiative, one that I have under the present protocol. This in- around the world, but what has not been working on in similar context for spection protocol was written at a time changed is the danger inherent in the some time as a member of the Com- when nuclear weapons were only reus- spread of nuclear weapons. mittee on International Relations. able on warheads or submarines. It ig- My amendment says that the Presi- It is certainly appropriate that we be nored the deadly new technology that dent of the United States shall direct voting on this amendment tonight, the can compress the size of the weapons, the United States permanent rep- day after Iran admits that it has once but not their deadliness. resentative to the IAEA to use their in- again lied to the international commu- The fact of the matter is that no fluence and their vote to secure an nity, this time about its plutonium ex- quantity of uranium or plutonium that agreement within the IAEA requiring periments, 5 years after they said that could be used for weapon purposes is that any member state of the NPT that they had ceased continuing such ex- too small for inspection. Those who is in breach of the treaty or withdraws periments. would deem it worthy of using these from the treaty must return any nu- quantities are more dangerous with clear materials or technology acquired b 1945 smaller amounts. for peaceful purposes. For nearly two decades, Iran has pur- So the idea here is that the inter- Now, why is this amendment needed? sued a clandestine nuclear program, national inspection regime be geared Well, for the first time in the treaty’s while claiming it had to keep this pro- to the realities of the present risk. It is history, one country has withdrawn gram hidden from the international a very good idea. I would urge Members from the treaty. In 2002, international community because of sanctions on both sides to support it so we can inspectors were asked to leave North against it. Iran has repeatedly stated preclude the awful day when a very Korea, and, in 2003, North Korea with- that it will never give up its right to small amount of weapons material drew from the nonproliferation treaty. enrich fuel for peaceful purposes under makes a very big and horrible dif- And just this year North Korea an- the Nuclear Nonproliferation Treaty. ference for innocent people in our nounced to the world that it has nu- What they have here is clearly a pat- country or innocent people around the clear weapons; all the while, North tern of deception. They have forfeited world. Korea is allowed to keep any and all their right to any peaceful nuclear I would urge a ‘‘yes’’ vote in favor of nuclear materials, nuclear technology, technology when they deliberately hid the amendment. and assistance they receive as a mem- the activities, facilities, and materials Mr. MENENDEZ. Mr. Chairman, I ber of the NPT. of their nuclear program from the en- yield back the balance of my time. So while considerable diplomatic ac- tire world for nearly two decades. Mr. SMITH of New Jersey. Mr. Chair- tivity has taken place to try to con- Let us be clear. Iran is a country man, I yield back the balance of my vince North Korea to reverse its ac- with huge oil and natural gas reserves. time. tion, there is actually no rule in place They simply do not need nuclear power The CHAIRMAN. The question is on now at the IAEA that would require for energy consumption. That is why I the amendment offered by the gen- North Korea to return all of the nu- am very happy to support this amend- tleman from New Jersey (Mr. SMITH). clear materials it received. ment. We need to send a very clear The amendment was agreed to. My amendment would mandate that message. It is clearly in the national The CHAIRMAN. It is now in order to the President direct the United States security interest of the United States consider Amendment No. 3 printed in permanent representative at the IAEA that Iran cannot move forward with Subpart C of Part 1 of House Report to secure such an agreement amongst impunity, and, certainly, that we do 109–132. the IAEA member states. June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4641 This type of requirement is not just compelled to return all the nuclear ma- poses, that all of the materials that we important because of North Korea. terials and technology it received as a have sent to that country must be re- Currently we have Iran declaring its consequence of being an NPT member. turned to our country. rights to pursue all nuclear technology I believe such a provision would be What this amendment says is that as for peaceful purposes, it says. The helpful in convincing states to adhere a member of the United Nations and United States and Europe are worried to their NPT obligations. the IAEA, that we now will extend this that Iran has a clandestine nuclear States such as North Korea and Iran not just to the United States, but to all weapons program, but all the while have likely already used their status, countries in the world; that the IAEA Iran is insisting on its right to receive past status in the case of North Korea, must enforce a requirement that if a all nuclear materials, nuclear tech- as NPT states to develop nuclear weap- country is in violation of its agreement nology, and assistance for its peaceful ons programs, and I believe it is vital to use materials only for peaceful pur- program. that the United States play a leading poses, then the IAEA must act imme- Mr. Chairman, I reserve the balance role in multilateral efforts to close the diately to begin the process of reclaim- of my time. loophole in the NPT that allows states ing all of the material that all of the Mr. SMITH of New Jersey. Mr. Chair- to receive nuclear energy assistance, countries of the world have sent to man, I ask unanimous consent to claim but not pay any penalty if they subse- that country which is in violation of the time in opposition to the amend- quently withdraw from the treaty, as the law. ment. has North Korea. Compelling the sur- We must put teeth in this law. We The CHAIRMAN. Is there objection render of materials and equipment must not allow the short-term diplo- to the request of the gentleman from gained under the NPT would be a posi- matic or political agenda of any Presi- New Jersey? tive step forward, so I am pleased to dent or any Secretary of State, Demo- There was no objection. support the Markey amendment. crat or Republican, to interfere with Mr. SMITH of New Jersey. Mr. Chair- Mr. MARKEY. Mr. Chairman, I yield the overarching goal of ensuring that man, I rise in support of the amend- 2 minutes to the gentleman from Cali- nuclear weapons are not used anywhere ment, and I yield myself such time as fornia (Mr. LANTOS). on this planet at any time. I may consume. Mr. LANTOS. Mr. Chairman, I thank b 2000 Let me just say to my friends and my friend for yielding me this time. I And so I urge all Members to support colleagues that this is a good amend- want to commend him on this most im- this amendment. It goes a long way in ment, and, on behalf of the majority, portant amendment. sending a message to the rest of the we would like to accept it. We cannot permit countries such as world that the United States intends I would say very briefly that unless Iran to profit from their exploitation of on being the leader on the issue of nu- states which are in noncompliance the nuclear nonproliferation regime to clear nonproliferation, regardless of with their nuclear nonproliferation acquire nuclear equipment and tech- which other country in the world is in- treaty obligations, or which seek to nology that they then use to develop volved and regardless of which other withdraw from the treaty, are forced to nuclear weapons capabilities in viola- country in the world was the supplier give up their peaceful nuclear capabili- tion of their solemn commitments of those materials. We will be the ties legally acquired under the treaty, under the Nuclear Nonproliferation moral leader. they can use these to illegally develop Treaty. Mr. Chairman, I yield back the bal- nuclear weapons. As was pointed out by The Markey amendment is a nec- ance of my time. my colleague, such states as North essary step to establish a new global The CHAIRMAN. The question is on Korea and Iran have already used their requirement that violators of the Nu- the amendment offered by the gen- status as nuclear nonproliferation trea- clear Nonproliferation Treaty must tleman from Massachusetts (Mr. MAR- ty parties to develop nuclear weapons, surrender all nuclear materials, equip- KEY). and this closes the loophole. It is a ment, and technology they acquired The amendment was agreed to. good amendment. through the subterfuge of ‘‘peaceful nu- SEQUENTIAL VOTES POSTPONED IN COMMITTEE Mr. Chairman, I yield the remainder clear activities.’’ OF THE WHOLE of the time to the gentleman from This is a singularly significant The CHAIRMAN. Pursuant to clause California (Mr. ROYCE). amendment, and I urge my colleagues 6 of rule XVIII, proceedings will now Mr. ROYCE. Mr. Chairman, I thank across the aisle to support the amend- resume on those amendments on which the gentleman for yielding me this ment. further proceedings were postponed, in time. Mr. SMITH of New Jersey. Mr. Chair- the following order: amendment No. 1 I rise in support of this amendment man, I yield back the balance of my printed in Subpart A by the gentleman offered by the gentleman from Massa- time. from New York (Mr. KING), amendment chusetts (Mr. MARKEY). The global nu- Mr. MARKEY. Mr. Chairman, how No. 5 printed in Subpart A by the gen- clear nonproliferation regime that has much time do I have remaining? tleman from Texas (Mr. POE), amend- served the world well for many years The CHAIRMAN. The gentleman ment No. 1 printed in Subpart C by the has developed shortcomings, and the from Massachusetts has 2 minutes re- gentleman from Virginia (Mr. CANTOR). Markey amendment addresses one such maining. The first electronic vote will be con- shortcoming that I think we must ad- Mr. MARKEY. Mr. Chairman, I yield ducted as a 15-minute vote. Remaining dress. myself such time as I may consume. electronic votes will be conducted as 5- This is an issue that is especially im- I will conclude by saying this: There minute votes. portant to me as chairman of the Sub- are no Democrats, there are no Repub- PART 1, SUBPART A, AMENDMENT NO. 1 OFFERED committee on International Terrorism licans when it comes to the issue of nu- BY MR. KING OF NEW YORK and Nonproliferation. We held a hear- clear nonproliferation. The one thing The CHAIRMAN. The pending busi- ing in April on the Nuclear Non- that President Bush and JOHN KERRY ness is the demand for a recorded vote proliferation Treaty, and one of the agreed upon in their Presidential de- on amendment No. 1 printed in Subpart key issues that we looked at was how bates is that this is the most impor- A of Part 1 of House Report 109–132 of- NPT states should address the non- tant issue in the world. It may have fered by the gentleman from New York compliance or attempted withdrawal of been the only thing that they agreed (Mr. KING) on which further pro- a state from the treaty. This amend- upon, but they did agree upon this one ceedings were postponed and on which ment takes a step forward in solving issue. the ayes prevailed by voice vote. this challenge by calling upon the Now, interestingly, in the Atomic The Clerk will redesignate the President to work with other Inter- Energy Act of the United States, in amendment. national Atomic Energy Agency mem- 1954, it is, in fact, a requirement under The Clerk redesignated the amend- ber states to mandate that any State our law that if another nation is in vio- ment. which is found to be in noncompliance lation of the agreement, that the nu- RECORDED VOTE with its NPT obligations, or attempts clear materials which we give to that The CHAIRMAN. A recorded vote has to withdraw from the NPT, will be country is not used for peaceful pur- been demanded. H4642 CONGRESSIONAL RECORD — HOUSE June 16, 2005 A recorded vote was ordered. Nadler Rogers (MI) Stupak The CHAIRMAN. This will be a 5- The vote was taken by electronic de- Napolitano Rohrabacher Sullivan minute vote. Neal (MA) Ros-Lehtinen Sweeney vice, and there were—ayes 405, noes 13, Neugebauer Ross Tancredo The vote was taken by electronic de- answered ‘‘present’’ 1, not voting 14, as Ney Rothman Tanner vice, and there were—ayes 402, noes 14, follows: Northup Roybal-Allard Tauscher not voting 17, as follows: Norwood Royce Taylor (MS) [Roll No. 270] Nunes Ruppersberger Taylor (NC) [Roll No. 271] AYES—405 Nussle Rush Terry AYES—402 Obey Ryan (OH) Thomas Abercrombie Deal (GA) Jackson (IL) Olver Ryan (WI) Abercrombie DeFazio Jenkins Ackerman DeFazio Jackson-Lee Thompson (CA) Ackerman DeGette Jindal Ortiz Ryun (KS) Thompson (MS) Aderholt DeGette (TX) Osborne Sabo Aderholt Delahunt Johnson (CT) Akin Delahunt Jefferson Thornberry Akin DeLauro Johnson (IL) Otter Salazar Tiahrt Alexander DeLauro Jenkins ´ Alexander DeLay Johnson, E. B. Owens Sanchez, Linda Tiberi Allen DeLay Jindal Oxley T. Allen Dent Johnson, Sam Tierney Andrews Dent Johnson (CT) Pallone Sanchez, Loretta Andrews Diaz-Balart, L. Jones (NC) Towns Baca Diaz-Balart, L. Johnson (IL) Pascrell Sanders Baca Diaz-Balart, M. Jones (OH) Turner Bachus Diaz-Balart, M. Johnson, E. B. Pastor Saxton Bachus Dicks Kanjorski Udall (CO) Baird Dicks Johnson, Sam Paul Schakowsky Baird Dingell Kaptur Udall (NM) Baker Dingell Jones (NC) Payne Schiff Baker Doggett Keller Baldwin Doggett Kanjorski Pearce Schwartz (PA) Upton Baldwin Doolittle Kelly Barrett (SC) Doolittle Kaptur Pence Schwarz (MI) Van Hollen Barrett (SC) Doyle Kennedy (MN) ´ Barrow Doyle Keller Peterson (MN) Scott (GA) Velazquez Barrow Drake Kennedy (RI) Bartlett (MD) Drake Kelly Peterson (PA) Sensenbrenner Visclosky Bartlett (MD) Dreier Kildee Barton (TX) Dreier Kennedy (MN) Petri Serrano Walden (OR) Barton (TX) Duncan Kilpatrick (MI) Bass Duncan Kennedy (RI) Pickering Shadegg Walsh Bass Edwards Kind Bean Edwards Kildee Pitts Shaw Wamp Bean Ehlers King (IA) Beauprez Ehlers Kilpatrick (MI) Platts Shays Wasserman Beauprez Emanuel King (NY) Becerra Emanuel Kind Poe Sherman Schultz Becerra Emerson Kingston Berkley Emerson King (IA) Pombo Sherwood Watson Berkley Engel Kirk Berman Engel King (NY) Pomeroy Shimkus Watt Berman English (PA) Kline Berry English (PA) Kingston Porter Shuster Waxman Berry Eshoo Knollenberg Biggert Eshoo Kirk Price (GA) Simmons Weiner Biggert Etheridge Kolbe Bilirakis Etheridge Kline Price (NC) Simpson Weldon (FL) Bilirakis Evans Kuhl (NY) Bishop (GA) Evans Knollenberg Pryce (OH) Skelton Weldon (PA) Bishop (GA) Everett LaHood Bishop (NY) Everett Kolbe Putnam Slaughter Weller Bishop (NY) Farr Langevin Bishop (UT) Farr Kuhl (NY) Radanovich Smith (NJ) Westmoreland Bishop (UT) Fattah Lantos Blackburn Fattah LaHood Rahall Smith (TX) Wexler Blackburn Feeney Larsen (WA) Blunt Feeney Langevin Ramstad Smith (WA) Whitfield Blunt Ferguson Larson (CT) Boehlert Ferguson Lantos Regula Snyder Wicker Boehlert Filner Latham Boehner Filner Larsen (WA) Rehberg Sodrel Wilson (NM) Boehner Fitzpatrick (PA) LaTourette Bonilla Fitzpatrick (PA) Larson (CT) Reichert Solis Wilson (SC) Bonilla Flake Leach Bonner Flake Latham Renzi Souder Wolf Bonner Foley Levin Boozman Foley LaTourette Reynolds Spratt Wu Boozman Forbes Lewis (CA) Boren Forbes Leach Rogers (AL) Stearns Wynn Boren Ford Lewis (GA) Boswell Ford Levin Rogers (KY) Strickland Young (FL) Boswell Fortenberry Lewis (KY) Boucher Fortenberry Lewis (CA) Boucher Fossella Linder Boustany Fossella Lewis (GA) NOES—13 Boustany Foxx Lipinski Boyd Foxx Lewis (KY) Capuano Kucinich Scott (VA) Boyd Franks (AZ) LoBiondo Bradley (NH) Frank (MA) Linder Conyers Lee Stark Bradley (NH) Frelinghuysen Lofgren, Zoe Brady (PA) Franks (AZ) Lipinski Brady (PA) Gallegly Lowey Hastings (FL) McDermott Woolsey Brady (TX) Frelinghuysen LoBiondo Hinchey McKinney Brady (TX) Garrett (NJ) Lucas Brown (OH) Gallegly Lofgren, Zoe Jones (OH) Rangel Brown (OH) Gerlach Lungren, Daniel Brown (SC) Garrett (NJ) Lowey Brown (SC) Gibbons E. Brown, Corrine Gerlach Lucas ANSWERED ‘‘PRESENT’’—1 Brown, Corrine Gilchrest Lynch Brown-Waite, Gibbons Lungren, Daniel Waters Brown-Waite, Gingrey Mack Ginny Gilchrest E. Ginny Gohmert Maloney Burgess Gingrey Lynch NOT VOTING—14 Burgess Gonzalez Manzullo Burton (IN) Gohmert Mack Burton (IN) Goode Marchant Blumenauer Davis, Tom Oberstar Butterfield Gonzalez Maloney Butterfield Goodlatte Markey Bono Gillmor Pelosi Buyer Goode Manzullo Calvert Gordon Marshall Cardin Hooley Reyes Calvert Goodlatte Marchant Camp Granger Matheson Cox Millender- Sessions Camp Gordon Markey Cannon Graves Matsui Cuellar McDonald Young (AK) Cannon Granger Marshall Cantor Green (WI) McCarthy Cantor Graves Matheson b 2027 Capito Green, Al McCaul (TX) Capito Green (WI) Matsui Capps Green, Gene McCollum (MN) Capps Green, Al McCarthy Mrs. JONES of Ohio, Ms. LEE, Mr. Capuano Grijalva McCotter Cardoza Green, Gene McCaul (TX) CONYERS, Ms. WOOLSEY, and Messrs. Cardoza Gutierrez McCrery Carnahan Grijalva McCollum (MN) Carnahan Gutknecht McHenry CAPUANO, MCDERMOTT, KUCINICH Carson Gutierrez McCotter Carter Hall McHugh Carter Gutknecht McCrery and RANGEL changed their vote from Case Harman McIntyre Case Hall McGovern ‘‘aye’’ to ‘‘no.’’ Castle Harris McKeon Castle Harman McHenry So the amendment was agreed to. Chabot Hart McKinney Chabot Harris McHugh Chandler Hastings (WA) McMorris Chandler Hart McIntyre The result of the vote was announced Chocola Hayes McNulty Chocola Hastings (WA) McKeon as above recorded. Clay Hayworth Meehan Clay Hayes McMorris PART 1, SUBPART A AMENDMENT NO. 5 OFFERED Cleaver Hefley Meek (FL) Cleaver Hayworth McNulty BY MR. POE Clyburn Hensarling Meeks (NY) Clyburn Hefley Meehan Coble Herger Melancon Coble Hensarling Meek (FL) The CHAIRMAN. The pending busi- Cole (OK) Herseth Menendez Cole (OK) Herger Meeks (NY) ness is the demand for a recorded vote Conaway Higgins Mica Conaway Herseth Melancon on amendment No. 5 printed in Subpart Cooper Hinchey Michaud Cooper Higgins Menendez Costa Hinojosa Miller (FL) Costa Hinojosa Mica A, Part 1 of House Report 109–132 of- Costello Hobson Miller (MI) Costello Hobson Michaud fered by the gentleman from Texas Cramer Hoekstra Miller (NC) Cramer Hoekstra Miller (FL) (Mr. POE) on which further proceedings Crenshaw Holden Miller, Gary Crenshaw Holden Miller (MI) were postponed and on which the ayes Crowley Holt Miller, George Crowley Holt Miller (NC) Cubin Hostettler Mollohan Cubin Honda Miller, Gary prevailed by voice vote. Culberson Hoyer Moore (KS) Culberson Hostettler Miller, George The Clerk will redesignate the Cummings Hulshof Moran (KS) Cummings Hoyer Mollohan amendment. Cunningham Hunter Moran (VA) Cunningham Hulshof Moore (KS) The Clerk redesignated the amend- Davis (AL) Hyde Murphy Davis (AL) Hunter Moore (WI) Davis (CA) Inglis (SC) Murtha Davis (CA) Hyde Moran (KS) ment. Davis (FL) Israel Musgrave Davis (FL) Inglis (SC) Moran (VA) RECORDED VOTE Davis (IL) Issa Myrick Davis (IL) Inslee Murphy The CHAIRMAN. A recorded vote has Davis (KY) Istook Nadler Davis (KY) Israel Murtha Davis (TN) Jackson-Lee Napolitano Davis (TN) Issa Musgrave been demanded. Davis, Jo Ann (TX) Neal (MA) Davis, Jo Ann Istook Myrick A recorded vote was ordered. Deal (GA) Jefferson Neugebauer June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4643 Ney Ross Sullivan [Roll No. 272] Oxley Ryun (KS) Taylor (MS) Northup Rothman Sweeney Pallone Sabo Taylor (NC) Norwood Roybal-Allard Tancredo AYES—411 Pascrell Salazar Terry Nunes Royce Tanner Pastor Sa´ nchez, Linda Ackerman DeLay Johnson, Sam Thomas Nussle Ruppersberger Payne T. Tauscher Aderholt Dent Jones (NC) Thompson (CA) Obey Rush Pearce Sanchez, Loretta Taylor (MS) Akin Diaz-Balart, L. Jones (OH) Thompson (MS) Olver Ryan (OH) Pence Sanders Taylor (NC) Alexander Diaz-Balart, M. Kanjorski Thornberry Ortiz Ryan (WI) Peterson (MN) Saxton Terry Allen Dicks Kaptur Tiahrt Osborne Ryun (KS) Thomas Peterson (PA) Schakowsky Tiberi Otter Sabo Andrews Dingell Keller Petri Schiff Thompson (CA) Baca Doggett Kelly Tierney Owens Salazar Thompson (MS) Pickering Schwartz (PA) Towns Oxley Sa´ nchez, Linda Bachus Doolittle Kennedy (MN) Pitts Schwarz (MI) Thornberry Baird Doyle Kennedy (RI) Turner Pallone T. Tiahrt Platts Scott (GA) Udall (CO) Pascrell Sanchez, Loretta Baker Drake Kildee Poe Scott (VA) Tiberi Baldwin Dreier Kilpatrick (MI) Udall (NM) Pastor Sanders Tierney Pombo Sensenbrenner Upton Paul Saxton Barrett (SC) Duncan Kind Pomeroy Serrano Towns Van Hollen Pearce Schakowsky Barrow Edwards King (IA) Porter Shadegg Turner Vela´ zquez Pence Schiff Bartlett (MD) Ehlers King (NY) Price (GA) Shaw Udall (CO) Visclosky Peterson (MN) Schwartz (PA) Barton (TX) Emanuel Kingston Price (NC) Shays Udall (NM) Walden (OR) Peterson (PA) Schwarz (MI) Bass Emerson Kirk Pryce (OH) Sherman Upton Walsh Petri Scott (GA) Bean Engel Kline Putnam Sherwood Van Hollen Pickering Scott (VA) Beauprez English (PA) Knollenberg Radanovich Shimkus Wamp ´ Pitts Sensenbrenner Velazquez Becerra Eshoo Kolbe Rahall Shuster Wasserman Platts Serrano Visclosky Berkley Etheridge Kuhl (NY) Ramstad Simmons Schultz Poe Shadegg Walden (OR) Berman Evans LaHood Rangel Simpson Waters Pombo Shaw Walsh Berry Everett Langevin Regula Skelton Watson Pomeroy Shays Wamp Biggert Farr Lantos Rehberg Slaughter Watt Porter Sherman Wasserman Bilirakis Fattah Larsen (WA) Reichert Smith (NJ) Waxman Price (GA) Sherwood Schultz Bishop (GA) Feeney Larson (CT) Renzi Smith (TX) Weiner Price (NC) Shimkus Waters Bishop (NY) Ferguson Latham Reynolds Smith (WA) Weldon (FL) Pryce (OH) Shuster Watson Bishop (UT) Filner LaTourette Rogers (AL) Snyder Weldon (PA) Putnam Simmons Waxman Blackburn Fitzpatrick (PA) Leach Rogers (KY) Sodrel Weller Radanovich Simpson Weiner Blunt Flake Levin Rogers (MI) Solis Westmoreland Rahall Skelton Weldon (FL) Boehlert Foley Lewis (CA) Rohrabacher Souder Wexler Ramstad Slaughter Weldon (PA) Boehner Forbes Lewis (GA) Ros-Lehtinen Spratt Whitfield Rangel Smith (NJ) Weller Bonilla Ford Lewis (KY) Ross Stearns Wicker Regula Smith (TX) Westmoreland Bonner Fortenberry Linder Rothman Strickland Wilson (NM) Rehberg Smith (WA) Wexler Boozman Fossella Lipinski Roybal-Allard Stupak Wilson (SC) Reichert Snyder Whitfield Boren Foxx LoBiondo Royce Sullivan Wolf Renzi Sodrel Wicker Boswell Frank (MA) Lofgren, Zoe Ruppersberger Sweeney Woolsey Reynolds Solis Wilson (NM) Boucher Franks (AZ) Lowey Rush Tancredo Wu Rogers (AL) Souder Wilson (SC) Boustany Frelinghuysen Lucas Ryan (OH) Tanner Wynn Rogers (KY) Spratt Wolf Boyd Gallegly Lungren, Daniel Ryan (WI) Tauscher Young (FL) Rogers (MI) Stearns Wu Bradley (NH) Garrett (NJ) E. Rohrabacher Strickland Wynn Brady (PA) Gerlach Lynch NOES—9 Ros-Lehtinen Stupak Young (FL) Brady (TX) Gibbons Mack Abercrombie Lee Moore (WI) Brown (OH) Gilchrest Maloney Conyers McDermott Paul NOES—14 Brown (SC) Gingrey Manzullo Kucinich McKinney Stark Brown, Corrine Gohmert Marchant Carson Kucinich Payne Brown-Waite, Gonzalez Markey NOT VOTING—13 Frank (MA) Lee Stark Ginny Goode Marshall Hastings (FL) McDermott Blumenauer Gillmor Pelosi Watt Burgess Goodlatte Matheson Honda McGovern Bono Hooley Reyes Woolsey Burton (IN) Gordon Matsui Jackson (IL) Moore (WI) Cox Millender- Sessions Butterfield Granger McCarthy Cuellar McDonald Young (AK) NOT VOTING—17 Buyer Graves McCaul (TX) Davis, Tom Oberstar Calvert Green (WI) McCollum (MN) Blumenauer Davis, Tom Pelosi Camp Green, Al McCotter b 2056 Bono Gillmor Reyes Cannon Green, Gene McCrery Buyer Hooley Sessions Cantor Grijalva McGovern Mr. CAPUANO changed his vote from Cardin Inslee Young (AK) Capito Gutierrez McHenry ‘‘no’’ to ‘‘aye.’’ Conyers Millender- Capps Gutknecht McHugh So the amendment was agreed to. Cox McDonald Capuano Hall McIntyre The result of the vote was announced Cuellar Oberstar Cardin Harman McKeon Cardoza Harris McMorris as above recorded. Carnahan Hart McNulty Mr. FORTENBERRY. Mr. Chairman, b 2036 Carson Hastings (FL) Meehan I move that the Committee do now So the amendment was agreed to. Carter Hastings (WA) Meek (FL) rise. Case Hayes Meeks (NY) The motion was agreed to. The result of the vote was announced Castle Hayworth Melancon Accordingly, the Committee rose; as above recorded. Chabot Hefley Menendez Chandler Hensarling Mica and the Speaker pro tempore (Mr. PART 1, SUBPART C AMENDMENT NO. 1 OFFERED Chocola Herger Michaud SIMPSON) having assumed the chair, BY MR. CANTOR Clay Herseth Miller (FL) Mr. BASS, Chairman of the Committee The CHAIRMAN. The pending busi- Cleaver Higgins Miller (MI) Clyburn Hinchey Miller (NC) of the Whole House on the State of the ness is the demand for a recorded vote Coble Hinojosa Miller, Gary Union, reported that that Committee, on the amendment offered by the gen- Cole (OK) Hobson Miller, George having had under consideration the bill tleman from Virginia (Mr. CANTOR) on Conaway Hoekstra Mollohan Cooper Holden Moore (KS) (H.R. 2745) to reform the United Na- which further proceedings were post- Costa Holt Moran (KS) tions, and for other purposes, had come poned and on which the ayes prevailed Costello Honda Moran (VA) to no resolution thereon. by voice vote. Cramer Hostettler Murphy Crenshaw Hoyer Murtha f The Clerk will redesignate the Crowley Hulshof Musgrave amendment. LIMITING DEBATE ON HOUSE Cubin Hunter Myrick RESOLUTION 324 The Clerk redesignated the amend- Culberson Hyde Nadler ment. Cummings Inglis (SC) Napolitano Mr. DELAY. Mr. Speaker, I ask unan- Cunningham Inslee Neal (MA) imous consent that debate on the reso- RECORDED VOTE Davis (AL) Israel Neugebauer Davis (CA) Issa Ney lution noticed by the gentleman from The CHAIRMAN. A recorded vote has Davis (FL) Istook Northup New York (Mr. NADLER) be limited to been demanded. Davis (IL) Jackson (IL) Norwood 30 minutes equally divided and con- A recorded vote was ordered. Davis (KY) Jackson-Lee Nunes Davis (TN) (TX) Nussle trolled by the gentleman from New The CHAIRMAN. This will be a 5- Davis, Jo Ann Jefferson Obey York (Mr. NADLER) and the gentleman minute vote. Deal (GA) Jenkins Olver from Wisconsin (Mr. SENSENBRENNER). The vote was taken by electronic de- DeFazio Jindal Ortiz The SPEAKER pro tempore. Is there DeGette Johnson (CT) Osborne vice, and there were—ayes 411, noes 9, Delahunt Johnson (IL) Otter objection to the request of the gen- not voting 13, as follows: DeLauro Johnson, E. B. Owens tleman from Texas? H4644 CONGRESSIONAL RECORD — HOUSE June 16, 2005 There was no objection. (1) the House strongly condemns the man- is certainly never the chairman’s right ner in which Representative Sensenbrenner f to violate the rules in order to inter- has responded to the minority party’s re- fere with our right to conduct the hear- PRIVILEGES OF THE HOUSE—IN- quest for an additional day of oversight hear- ing guaranteed to us by the rules. TEGRITY OF PROCEEDINGS OF ings on the reauthorization of the USA PA- The chairman is entitled to his opin- THE HOUSE TRIOT Act, and the manner in which such hearing was conducted; and ions. He is not entitled to break the Mr. NADLER. Mr. Speaker, I offer a (2) the House instructs Representative Sen- rules, to abuse his power and to impose privileged resolution (H. Res. 324) as to senbrenner, in consultation with Representa- his will. The chairman as a general a question of the privileges of the tive CONYERS, to schedule a further day of rule permits only one minority witness House and ask for its immediate con- hearings with witnesses requested by mem- in each committee or subcommittee sideration. bers of the minority party concerning the re- hearing of the Judiciary Committee. I The SPEAKER pro tempore. The authorization of the USA PATRIOT Act.’’ know of no other committee with this Clerk will report the resolution. b 2100 sort of restrictive rule. No matter what The Clerk read the resolution, as fol- the issue, no matter how complex, no lows: The SPEAKER pro tempore (Mr. matter how many perspectives there THORNBERRY). The resolution presents H. RES. 324 might be, the chairman does not allow a question of the privileges of the more than one minority witness. Resolution disapproving the manner in House. which Representative Sensenbrenner has re- On that basis alone, we have every sponded to the minority party’s request Under the previous order of the right to insist on a day of hearings under rule XI of the House of Representa- House, the gentleman from New York every time, a day of minority hearings, tives for an additional day of oversight hear- (Mr. NADLER) and the gentleman from but we do not. Of course, that is when ings on the reauthorization of the USA PA- Wisconsin (Mr. SENSENBRENNER) each he allows hearings at all. In this Con- TRIOT Act and the manner in which such will control 15 minutes. gress alone, the chairman has decided hearing was conducted. The Chair recognizes the gentleman Whereas Representative Sensenbrenner that we do not need hearings on such from New York (Mr. NADLER). important issues as amendments to the willfully and intentionally violated the Mr. NADLER. Mr. Speaker, I yield Rules of the House of Representatives by Constitution, alleged mistreatment of abusing and exceeding his powers as chair- myself such time as I may consume. detainees, and a rewrite of our bank- man; Mr. Speaker, it is with regret that I ruptcy code. These are hardly isolated Whereas subsequent to receiving a request must rise again to invoke the privi- cases. Is that the way we are supposed for an additional day of hearings by members leges of the House and to defend the to do our job? No need for a hearing, of the minority party pursuant to rule XI, rules and the spirit of simple courtesy the chairman wants to do it, so let’s Representative Sensenbrenner scheduled and cooperation. I do not enjoy taking such hearing on less than 48 hours notice; just do it. We do not need a hearing to the time of this House away from our look at the facts. Whereas such hearing occurred on Rep- important business to do so; but recent resentative Sensenbrenner’s directive at 8:30 Members under the rules have the a.m., on Friday, June 10, 2005, a date when events, the willful and repeated dis- right to question each witness for 5 the House was not in session and votes were regard for the rules of the House, the minutes apiece. We checked with the not scheduled; persistent abuse of power by the chair- Parliamentarian. That is 5 minutes for Whereas Representative Sensenbrenner di- man of the Judiciary Committee, and each member for each witness. Yet the rected his staff to require that the witnesses’ the flagrant abuse of the rights of the chairman repeatedly refused to recog- written testimony be made available on less minority make this resolution nec- nize members. He consistently and abu- than 18 hours notice; essary. sively cut off members and witnesses in Whereas, during the course of the hearing, As I said the last time I came to the Representative Sensenbrenner made several mid-sentence. It is the chairman’s cus- false and disparaging comments about mem- floor for this purpose, it is my fervent tom, to which we have not objected, to bers of the minority party in violation of hope that this will be the last time it be fairly strict and after the 5 minutes rule XVII; will ever be necessary for me or any are over to say, finish your thought or Whereas, Representative Sensenbrenner other Member to offer such a resolu- make your answer brief. That is fine. failed to allow members of the committee to tion or to rise on a question of personal In this hearing, because it was a mi- question each witness for a period of 5 min- privilege. We should be spending our nority-called hearing, he consistently utes in violation of rule XI; time dealing with the problems and cut off members and witnesses in mid- Whereas Representative Sensenbrenner re- concerns of the American people; but fused on numerous and repeated occasions sentence, and rather rudely. In one throughout the hearing to recognize mem- when a chairman abuses his power to case, when a member of the majority bers of the minority party attempting to stifle debate, Members of this House, accused a witness of endangering raise points of order; both Republicans and Democrats, have American lives, the chairman refused Whereas when Representative Nadler and a duty to defend the honor of this insti- the witness the opportunity to respond. Representative Jackson-Lee sought recogni- tution and the integrity of its pro- Of course, the chairman did not limit tion to raise a point of order, Representative ceedings. So long as power is abused, himself to 5 minutes. He recognized Sensenbrenner refused to recognize Rep- rules are ignored and broken and the himself for an additional 5 minutes to- resentative Nadler or Representative Jack- rights of Members who represent mil- son-Lee, and intentionally and wrongfully ward the end of the hearing in order to adjourned the committee without obtaining lions of Americans are violated, this deride the witnesses and the minority or seeking either unanimous consent or a House cannot do its job properly. The members of the committee without al- vote of the committee members present in American people are cheated of their lowing any response. violation of rule XVI; right to an honest, open, fair, and Every Member of this House, Mr. Whereas subsequent to Representative democratic debate on issues affecting Speaker, serves on committees and Sensenbrenner’s improper adjournment of the future of our Nation. That is why every Member of this House knows the hearing, his staff turned off the micro- we are here again today. that this kind of abusive behavior is phones and the electronic transmission of These are the facts: the minority is the proceedings and instructed the court re- virtually unheard of. Witnesses should porter to stop taking transcription, even entitled by the rules to a day of hear- be treated with respect. So should col- though the committee hearing had not been ings. It is a right rarely exercised, but leagues. I thought we all knew that. properly adjourned, and members of the mi- it guards against the majority abusing The chairman refused to recognize nority party had invited witnesses to con- its power to exclude competing views. members who were seeking recogni- tinue to speak; and Call it the fair and balanced rule. It is tion. He refused to recognize members Whereas Representative Sensenbrenner not the chairman’s right to determine who were attempting to raise points of willfully trampled the right of the minority whether we deserve, in quotes, a hear- order. Unacceptable. A clear violation to meaningfully hold an additional day of ing. It is not the chairman’s right to hearings in violation of the Rules of the of the rules. A plain abuse of power. House of Representatives, and brought dis- decide whether his prior hearings were The chairman simply ended the hear- credit upon the House of Representatives: sufficient. It is not the chairman’s ing unilaterally. While members were Now, therefore, be it right to decide whether what we say or seeking recognition and attempting to Resolved, That think is acceptable or relevant. And it raise points of order, he simply ignored June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4645 them and banged the gavel and got up are relative to the Judiciary Commit- tion of the PATRIOT Act from senior from his seat. The rules require a mo- tee’s consideration of the PATRIOT law enforcement officials. tion to adjourn because hearings are Act. I rise today to respond to false, On March 28 of this year, the gen- not normally ended unilaterally by a misleading, and malicious allegations tleman from Michigan (Mr. CONYERS), chairman. We consulted with the House that have been made by Members of ranking member, and I jointly an- Parliamentarian who confirmed that this House and reported in the media nounced a series of hearings on the re- an adjournment motion must be ap- concerning the conduct of the Judici- authorization of the PATRIOT Act. We proved by the members of the com- ary Committee’s June 10 hearing on made this announcement in the same mittee unless there is unanimous con- the reauthorization of the USA PA- spirit of bipartisanship that has typi- sent. The fact that adjournment is not TRIOT Act and my consideration of fied the committee’s consideration of normally contested because it is not the PATRIOT Act as chairman of the this issue since the committee’s first necessary because everybody agrees Committee on the Judiciary. hearing on this subject following Sep- does not change the rules. Since becoming chairman of this tember 11. While the primary focus of After the chairman unilaterally ad- committee in January 2001, I have con- this series of hearings has been to ex- journed the hearing, while members sistently demonstrated a commitment amine provisions in the PATRIOT Act were seeking recognition, while he re- to fair and equitable consideration of that are set to expire at the end of this fused to recognize those members seek- issues before the committee. Perhaps year, the scope of these hearings has ing to raise points of order, the com- no other issue better demonstrates this been broadened to include provisions of mittee staff, either on the chairman’s commitment than the committee’s re- the PATRIOT Act that will not sunset, instructions or acting on their own ac- sponse to the tragic events of Sep- and issues that are only tangentially cord, switched off members’ micro- tember 11, 2001. Shortly following the related to PATRIOT Act have also re- phones while we were attempting to attacks, I called a committee hearing ceived formal committee consideration speak, instructed the stenographer to to draft antiterrorism legislation at at the request of the minority. stop recording the hearing and turned which the Attorney General and other The record clearly proves that I have off the electronic transmission of the top officials of the Justice Department worked in a bipartisan manner to en- hearing. Again, the hearing was still testified. At that meeting, I pledged to sure that the committee has received proceeding because it had not been le- work with the minority to draft bipar- testimony from an array of knowledge- gally adjourned because there had been tisan legislation to help detect, deter, able witnesses of diverging viewpoints, no vote and no unanimous consent. and defeat terrorist threats to our Na- and that members had the opportunity Thanks to C–SPAN, the rest of the tion’s security. to address questions to each of them. hearing was recorded and broadcast so Since that time, the record clearly And at this time I include in the the chairman was unable to censor the demonstrates that I have kept my word RECORD a listing of the oversight ac- minority and hide our thoughts from by conducting bipartisan and even- tivities and a chronology of the hear- the American people, although he handed consideration of this critical ing record that has been held since tried. issue. April before the Committee on the Ju- Can any Member recall a time when In October of 2001, the committee diciary and its subcommittees. a member’s microphone was turned off unanimously approved the PATRIOT OVERSIGHT: HOUSE JUDICIARY COMMITTEE while he or she was speaking in a com- Act by a vote of 36–0. I was enormously OVERSIGHT OF THE USA PATRIOT ACT mittee meeting? Mr. Speaker, it is fair proud of this vote because it proved OVERSIGHT THROUGH LETTERS TO THE to ask, why should a member of the that a committee comprising sharply DEPARTMENT OF JUSTICE majority or the public care about ad- diverging viewpoints could speak in a House Judiciary Committee sent the At- herence to the rules in these respects clear and united voice on an issue of torney General, John Ashcroft, a letter on or about the rights of the minority? overwhelming importance to the secu- June 13, 2002, with 50 detailed questions on The answer is simple. Every Member rity, safety, and liberty of all Ameri- the implementation of the USA PATRIOT represents more than half a million cans. When drafting this legislation, I Act. The questions were a result of extensive American citizens. Every one of those also insisted that provisions expanding consultation between the majority and mi- Americans is entitled to a voice in our the scope of Federal authority be sub- nority Committee counsel. Assistant Attor- ney General, Daniel Bryant, responded to government. No one should ever be al- ject to congressional reauthorization. I Chairman Sensenbrenner and Ranking Mem- lowed to abuse the power of his office included sunsets in these provisions be- ber Mr. Conyers on July 26, 2002, providing to silence opposing views or to dis- cause I strongly believe that Congress lengthy responses to 28 out of the 50 ques- enfranchise millions of Americans from must play an active and continuing tions submitted. On August 26, 2002, Mr. Bry- having their views represented simply role in ensuring that the PATRIOT Act ant sent the responses to the remaining because they chose representatives of protects the safety and security of all questions, after sending responses to six of the minority party. Americans while preserving the free- the questions to the House Permanent Select The greatness of our Nation is our dom and liberty that distinguish us as Committee on Intelligence. Then, on Sep- freedom to stand up for what we be- tember 20, 2002, Mr. Bryant sent the minority Americans. additional information regarding the Depart- lieve and to have everyone’s voice To ensure that the PATRIOT Act is ment of Justice’s responses to these ques- heard in the halls of government. The being implemented in a manner that tions. arrogance of power, the abuse of power, reflects the priorities of Congress, on On April 11, 2003, Chairman Sensenbrenner the silencing of minority voices, is a multiple occasions Ranking Member and Ranking Member Mr. CONYERS sent a direct threat not only to our rules but CONYERS and I have sent detailed, ex- second letter to the Department of Justice to our democracy and to our freedom. tensive, and bipartisan inquiries to the with additional questions regarding the use The rules of this House exist to protect Department of Justice concerning the of pre-existing authorities and the new au- our democracy. Every Member of this thorities conferred by the USA PATRIOT implementation of the legislation. Act. Once again, the questions were the House, regardless of party, must stand b 2115 product of bipartisan coordination by Com- up for this institution, for its rules, mittee counsel. Acting Assistant Attorney and for the democracy it represents. When the Justice Department did not General, Jamie E. Brown, responded with a That is why I urge the adoption of fully respond to one set of detailed in- May 13, 2003 letter that answered the ques- this resolution and why I hope such a quiries, I forcefully asserted the com- tions she deemed relevant to the Department resolution will never again be nec- mittee’s prerogatives by raising the of Justice and forwarded the remaining ques- essary in this House. possibility of a committee subpoena to tions to the appropriate officials at the De- Mr. Speaker, I reserve the balance of obtain the requested information. partment of Homeland Security on June 13, my time. The committee has conducted several 2003, the Assistant Secretary for Legislative hearings on matters related to the PA- Affairs at the Department of Homeland Se- Mr. SENSENBRENNER. Mr. Speak- curity, Pamela J. Turner, sent responses to er, I yield myself such time as I may TRIOT Act, at which senior adminis- the forwarded questions. consume. tration officials have testified. At my On November 20, 2003, Chairman Sensen- I strongly oppose this resolution be- request committee members have also brenner and Congressman Hostettler, Chair- cause it does not state what the facts received briefings on the implementa- man of the Subcommittee on Immigration, H4646 CONGRESSIONAL RECORD — HOUSE June 16, 2005 Border Security, and Claims, sent a letter to and the Implementation of the USA PA- Nojeim, the Associate Director and Chief the Comptroller General of the Government TRIOT Act: Section 505 that Addresses Na- Legislative Counsel of the American Civil Accountability Office (GAO) requesting a tional Security Letters and Section 804 that Liberties Union’s Washington National Of- GAO study of the implementation of the Addresses Jurisdiction over Crimes Com- fice (Minority witness); Minority Members USA PATRIOT Act anti-money laundering mitted at U.S. Facilities Abroad: Chuck Present: Conyers, Delahunt, Jackson-Lee, provisions. This report was released on June Rosenberg, Chief of Staff to the Deputy At- Scott, Waters. 6, 2005. torney General of the Department of Justice April 26, 2005: Oversight Hearing—Have OVERSIGHT THROUGH HEARINGS (Majority witness); Matthew Berry, Coun- sections 204, 207, 214 and 225 of the USA PA- On May 20, 2003, the Committee’s Sub- selor to the Assistant Attorney General of TRIOT Act, and Sections 6001 and 6002 of the committee on the Constitution held an over- the Department of Justice (Majority wit- Intelligence Reform and Terrorism Preven- sight hearing entitled, ‘‘Anti-Terrorism In- ness); Gregory Nojeim, Acting Director of tion Act of 2004, improved FISA Investiga- vestigations and the Fourth Amendment the Washington Legislative Office of the tions?: Honorable Mary Beth Buchanan, After September 11th: Where and When Can American Civil Liberties Union (Minority United States Attorney for the Western Dis- Government Go to Prevent Terrorist At- witness); and Shayana Kadidal, Staff Attor- trict of Pennsylvania (Majority witness); tacks.’’ On June 5, 2003, the Attorney Gen- ney, Center for Constitutional Rights (Mi- James Baker, Office for Intelligence Policy eral testified before the full Committee on nority witness); Minority Members Present: and Review, U.S. Department of Justice (Ma- the Judiciary at an oversight hearing on the Conyers, Delahunt, Nadler, Scott, Waters. jority witness); and Suzanne Spaulding, United States Department of Justice. Both May 10, 2005: Oversight Hearing on the Pro- Managing Director, the Harbour Group, LLC the hearing on May 20 and the hearing on hibition of Material Support to Terrorists (Minority witness); Minority Members June 5 discussed oversight aspects of the and Foreign Terrorist Organizations and on Present: Conyers, Delahunt, Scott. USA PATRIOT Act. the DOJ Inspector General’s report on Civil April 21, 2005: Oversight Hearing on Crime, Liberty Violations under the USA PATRIOT Terrorism, and the Age of Technology—Sec- OVRSIGHT THROUGH BRIEFINGS Act: Honorable Glenn Fine, Inspector Gen- tion 209: Seizure of Voice-Mail Messages Pur- The Subcommittee on Crime, Terrorism, eral of the Department of Justice (Majority suant to Warrants; Section 217: Interception and Homeland Security of this Committee witness); Honorable Gregory G. Katsas, Dep- of Computer Trespasser Communications; requested that officials from the Department uty Assistant Attorney General, Civil Divi- and Section 220: Nationwide Service of of Justice appear and answer questions re- sion of the Department of Justice (Majority Search Warrants for Electronic Evidence: garding the implementation of the USA PA- witness); Barry Sabin, Chief of the Laura Parsky, Deputy Assistant Attorney TRIOT Act. In response to our request, the General of the Criminal Division, U.S. De- Department of Justice gave two separate Counterterrorism Section of the Criminal Division of the Department of Justice (Ma- partment of Justice (Majority witness); Ste- briefings to Members, counsel, and staff: ven M. Martinez, Deputy Assistant Director During the briefing held on August 7, 2003, jority witness); and Ahilan Arulanantham, of the Cyber Division, Federal Bureau of In- Department officials covered the long-stand- Staff Attorney for the American Civil Lib- vestigation (Majority witness); James X. ing authority for law enforcement to con- erties Union of Southern California (Minor- Dempsey, Executive Director of the Center duct delayed searches and collect business ity witness); Minority Members Present: for Democracy and Technology (Majority records, as well as the effect of the USA PA- Delahunt, Scott, Waters. witness as a favor to Minority); and Peter TRIOT Act on those authorities. May 5, 2005: Oversight Hearing on section During the second briefing, held on Feb- 212 of the USA PATRIOT Act that Allows Swire, Professor of Law, Mortiz College of ruary 3, 2004, the Department of Justice dis- Emergency Disclosure of Electronic Commu- Law, the Ohio State University (Minority cussed its views of S. 1709, the ‘‘Security and nications to Protect Life and Limb: Honor- witness); Minority Members Present: Freedom Ensured (SAFE) Act of 2003’’ and able William Moschella, Assistant Attorney Delahunt, Jackson-Lee, Scott, Waters. H.R. 3352, the House companion bill, as both General, Office of Legislative Affairs, U.S. April 19, 2005: Oversight Hearing on Sec- bills proposed changes to the USA PATRIOT Department of Justice (Majority witness); tions 203(b) and (d) of the USA PATRIOT Act Act. Willie Hulon, Assistant Director of the and their Effect on Information Sharing: The Department of Justice has also pro- Counterterrorism Division, Federal Bureau Barry Sabin, Chief of the Counterterrorism vided three classified briefings on the use of of Investigation (Majority witness); Pro- Section of the Criminal Division of the De- the Foreign Intelligence Surveillance Act fessor Orrin Kerr, Professor of Law at the partment of Justice (Majority witness); (FISA) under the USA PATRIOT Act for George Washington University Law School Maureen Baginski, Executive Assistant Di- rector of FBI Intelligence (Majority wit- Members of the Judiciary Committee: (Majority witness); and James X. Dempsey, ness); Congressman Michael McCaul (Major- On June 10, 2003, October 29, 2003, and June Executive Director of the Center for Democ- ity witness); and Timothy Edgar, the Na- 7, 2005 the Justice Department provided racy and Technology Minority witness); Mi- tional Security Policy Counsel for American these briefings. nority Members Present: Conyers, Delahunt, The Department also provided a law en- Civil Liberties Union (Minority witness); Mi- Jackson-Lee, Scott. forcement sensitive briefing on FISA to the May 3, 2005: Oversight Hearing on Sections nority Members Present: Delahunt, Scott, House Judiciary Committee Members and 201, 202, 213, and 223 of the USA PATRIOT Waters. staff on March 22, 2005. Act and Their Effect on Law Enforcement Mr. Speaker, by scheduling 12 hear- HEARING CHRONOLOGY: HOUSE JUDICIARY Surveillance: Honorable Michael J. Sullivan, ings on the reauthorization of the PA- COMMITTEE CONSIDERATION OF THE USA PA- US. Attorney for the District of Massachu- TRIOT Act during this Congress, in ad- TRIOT ACT setts (Majority witness); Chuck Rosenberg, dition to the bipartisan record estab- FULL COMMITTEE CONSIDERATION Chief of Staff to the Deputy Attorney Gen- lished in previous Congresses, I have June 10, 2005: Oversight Hearing on the Re- eral (Majority witness); Heather Mac Donald, proven my commitment to conducting authorization of the USA PATRIOT Act: John M. Olin fellow at the Manhattan Insti- rigorous and comprehensive oversight Carlina Tapia-Ruano, First Vice-President of tute (Majority witness); and the Honorable of the implementation of the PATRIOT the American Immigration Lawyers Associa- Bob Barr, former Representative of Georgia’s Act. Since commencing this latest se- tion (Minority witness); Dr. James J. Zogby, Seventh District (Minority witness); Minor- President of the Arab American Institute ity Members Present: Delahunt, Scott. ries of hearings in April, two top offi- (Minority witness); Deborah Pearlstein, Di- April 28, 2005: Oversight Hearing—Section cials at the Justice Department, Attor- rector of Human Rights First (Minority wit- 218 of the USA PATRIOT Act—If it Expires ney General Gonzales and his Deputy ness); and Chip Pitts, Chair of the Board of will the ‘‘Wall’’ Return?: Honorable Patrick James Comey, have testified before the Amnesty International USA; Minority Mem- Fitzgerald, U.S. Attorney for the Northern committee on separate occasions. In bers Present: Conyers, Jackson-Lee, Nadler, District of Illinois (Majority witness); David each of the nine additional recent hear- Scott, Van Hollen, Wasserman Shultz, Watt. Kris, former Associate Deputy Attorney ings held on the subject, the minority June 8, 2005: Oversight Hearing on the Re- General for the Department of Justice (Ma- was allowed to designate at least one authorization of the USA PATRIOT Act: jority witness); Kate Martin, Director of the Deputy Attorney General James B. Comey; Center for National Security Studies (Minor- and sometimes two of the customary Minority Members Present: Berman, Con- ity witness); and Peter Swire, Professor of four witnesses at committee hearings, yers, Delahunt, Lofgren, Nadler, Scott, Law at Ohio State University (Minority wit- thus providing a consistent platform Wasserman, Shultz, Waters. ness); Minority Members Present: Jackson- for additional and often dissenting April 6, 2005: Oversight Hearing on the De- Lee, Scott. views. partment of Justice, The Use of the Law En- April 28, 2005: Oversight Hearing—Have The record clearly demonstrates that forcement Authorities Granted under the sections 206 and 215 improved FISA Inves- this committee has engaged in a thor- USA PATRIOT Act: Attorney General tigation: Honorable Kenneth L. Wainstein, Alberto Gonzales; Minority Members ough, comprehensive, and bipartisan U.S. Attorney for the District of Columbia review of the PATRIOT Act since its Present: Berman, Conyers, Delahunt, Jack- Majority witness); James Baker, Office for son-Lee, Lofgren, Nadler, Schiff, Scott, Van Intelligence Policy and Review (Majority passage. Assertions to the contrary are Hollen, Watt, Weiner. witness); Robert Khuzami, former Assistant not only unfounded, they are plainly SUBCOMMITTEE CONSIDERATION United States Attorney in the United States false, misleading, and malicious. May 26, 2005: Oversight Hearing on Mate- Attorney’s Office for the Southern District On June 8, 2005, the committee held a rial Witness Provisions of the Criminal Code of New York (Majority witness); and Greg hearing on the ‘‘Reauthorization of the June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4647 PATRIOT Act,’’ at which Deputy At- conform their testimony to the subject leadership underscores the malice that torney General Comey testified. At the matter of the hearing requested by the motivates these accusations. There is a commencement of this hearing and minority, I exercised great patience in difference between spirited debate and without previous notice or consulta- permitting witnesses and members to partisan vitriol that transgresses the tion, the gentleman from Michigan weigh in on issues totally unrelated to bounds of decency and maligns the in- (Mr. CONYERS), ranking member, and that subject. I recognized all four wit- tegrity of a Member of this House. other minority members of the com- nesses as well as each majority and mi- Following the hearing, the gentle- mittee requested additional witnesses nority member present at the hearing woman from Florida (Ms. WASSERMAN to testify before the committee on the for 5 minutes. The record clearly shows SCHULTZ), who is the newest member of ‘‘Reauthorization of USA PATRIOT that I evinced no favoritism in pro- the committee, issued a press release Act’’ pursuant to House Rules. viding time either to witnesses or stating that I had acted in an illegal House Rule XI(2)(j)(1) states: ‘‘When- members. manner under headlines stating: ‘‘De- ever a hearing is conducted by a com- At the conclusion of the hearing, mocracy Thwarted at Judiciary Com- mittee on a measure or matter, the mi- when each witness and member had mittee Hearing on the PATRIOT Act.’’ nority members of the committee shall been provided equal time to raise ques- In the course of this hearing, I did be entitled, upon request to the chair- tions, and the witnesses asked and re- nothing that remotely resembles con- man by a majority of them before the ceived permission to submit their com- duct that can be described as illegal. completion of the hearing, to call wit- plete testimony into the hearing And as chairman of the Committee on nesses selected by the minority to tes- record, I expressed my great dis- the Judiciary, I take particular um- tify with respect to that measure or appointment that opponents of the PA- brage at this mischaracterization. matter during at least 1 day of hearing TRIOT Act have used it as a vehicle to The gentleman from New York (Mr. thereon.’’ I complied with that request assert broad, sweeping, and sometimes NADLER) has also contended that I and set the additional hearing on June wildly unsubstantiated allegations con- chaired the hearing in a manner that 10. cerning matters totally unrelated to was ‘‘with an attitude of total hos- At the outset of this hearing, I re- the legislation. tility.’’ Based on these remarks, it has minded members and witnesses of the As I concluded my remarks, at least been inaccurately reported that I permissible scope of the hearing re- two minority members who had been ‘‘abruptly pulled the plug . . . when a quested by the minority under House accorded their time to speak again hearing on the PATRIOT Act turned to Rule XI by stating: ‘‘It is the Chair’s sought recognition, and I adjourned the prisoners and anti-immigration militia intention to limit the scope of the hearing in a manner inconsistent with on the Mexican border.’’ These state- hearing to the topic that was chosen by the spirit of comity that has and ments are clearly false. I permitted the Democratic minority that called should continue to inform committee each witness an opportunity to com- this hearing and chose the witnesses, deliberations. While I concede this plete his or her oral remarks, and the which is the reauthorization of the PA- point without qualifications, Members hearing was only concluded after 2 TRIOT Act. Members and witnesses are should also be aware that the practice hours’ duration only when each mem- advised that questions and testimony of the Democratic chairman of the ber had been provided an equal oppor- not falling within the subject matter of Committee on the Judiciary under tunity to speak. the hearing chosen by the Democrats whom I have served, as well as the Following the hearing, I have met will not be included in the hearing practice of the gentleman from Michi- with the gentleman from Michigan record pursuant to House Rule XI.’’ gan (Mr. CONYERS), ranking member, (Mr. CONYERS), ranking member, to dis- After reviewing the testimony of the during his chairmanship of the Com- cuss ways in which the committee witnesses, I again expressed my con- mittee on Government Operations, was could respond to concerns expressed by cern stating that, ‘‘I am disturbed that to adjourn hearings without motion some members of the minority, and we some of the testimony that has been and without expressly seeking the reached a resolution that might have presented in written form by the wit- unanimous consent of committee mem- averted this impasse. However, some in nesses today are far outside the scope bers. the minority have preferred a political Since this hearing I have been un- of the hearing, which the Democratic issue to a workable solution. I trust fairly criticized by several Members of minority called and which they set in that by fully and fairly examining the this body. In a press release dated June their letter.’’ record of the June 10 hearing, as well Notwithstanding repeated reminders 10, the gentlewoman from California as my demonstrated longstanding and admonitions concerning the per- (Ms. PELOSI), minority leader, said, record of bipartisan consideration of missible scope of the hearing under ‘‘Chairman Sensenbrenner proved House Rules, the gentleman from again today that he is afraid of ideas, matters relating to the PATRIOT Act and other matters before the com- Michigan (Mr. CONYERS), ranking mem- that Republicans will stop at nothing ber, and members of the minority in- to silence Democrats and the voice of mittee, Members of this House and the vited witnesses to provide testimony the minority, to deny millions of public at large will reject the false, and make statements clearly outside of Americans a voice in Congress. Repub- malevolent, and derogatory allegations the scope of the reauthorization of the licans are unwilling and unable to com- leveled against me by certain minority PATRIOT Act. pete in the marketplace of ideas; so Members of this body. For example, in his opening remarks, they have chosen to arbitrarily and ca- Mr. Speaker, the American people ex- the gentleman from Michigan (Mr. priciously abuse their power simply be- pect and deserve Members of Congress to approach terrorism prevention in a CONYERS) stated: ‘‘For many of us, this cause they can.’’ process of hearings is not merely about In a similar statement, the gen- thoughtful, factual, and responsible the extension of the 16 expiring provi- tleman from Maryland (Mr. HOYER), manner. All too often opponents of the sions of the PATRIOT Act. It is about minority whip, stated that the com- PATRIOT Act have constructed un- the manner in which our government mittee’s June 10 hearing represented a founded and totally unrelated con- uses its legal authority to prosecute ‘‘quintessential example of shutting spiracy theories, erected strawmen the war against terror both domesti- up, shutting down opposition, dis- that bear no relation to reality, en- cally and abroad. As we hear from our senting views, and democracy.’’ gaged in irresponsible and totally un- witnesses today, I think we will dem- Both these statements are a grossly founded hyperbole, or unjustly im- onstrate that much of this authority unfair and distorted depiction of my pugned the law enforcement officials has been abused.’’ conduct and demand correction. I am entrusted with protecting the security My repeated reminders and admoni- not afraid of diverse ideas. I welcome of America’s citizens. While the PA- tions about House Rules concerning that, and the chronology of the hearing TRIOT Act was drafted and passed by the permissible scope of the hearing record shows that. I have never at- both Houses with wide bipartisan ma- were ignored by witnesses and mem- tempted to stifle democracy, and I jorities, it has been transformed by bers of the committee. never will. some into a political weapon of choice In the face of this refusal by the wit- This committee’s bipartisan consid- to allege a broad range of violations nesses and members to appropriately eration of the PATRIOT Act under my which have nothing to do with that H4648 CONGRESSIONAL RECORD — HOUSE June 16, 2005 legislation. These efforts coarsen pub- So I simply say to my colleagues, votes for the week! Nevertheless, we applaud lic debate and undermine the respon- justice should not be fleeting, and we this de minimis effort to appeal to the requests sible, substantive examination that should abide by justice, all of us, and for hearings that have been made by the dis- must inform congressional and public we should vote for the Nadler resolu- tinguished Ranking Member of this body. consideration of this critical issue. tion. By way of background, I remind this body I will not be deterred by malicious Mr. Speaker, Judge Learned Hand is cited that the PATRIOT Act was passed into law a attacks or minority obstructionism. In to have stated that ‘‘The spirit of liberty is the mere six weeks following the terrorist attacks the coming months I will continue to spirit which is not too sure that it is right. . . on September 11, 2001. The process of draft- energetically discharge my responsibil- .’’I would like to associate myself with the res- ing this bill until its signing into law by Presi- ities as chairman to ensure thorough, olution filed by the Gentleman from New York dent Bush took only four days from October bipartisan, and thoughtful consider- and I join him in expressing displeasure and 23 to October 26, 2001. The final measure, ation of issues relating to the PA- outrage at the disrespectful conduct of the Re- H.R. 3162, incorporated provisions of H.R. TRIOT Act and other legislation before publican majority at the Committee hearing 2977, which the House passed on October 12, the committee. This House and the that was held on Friday, June 10, 2005. The 2001, and S. 1510, which the other body American people who elect us to rep- Hearing was requested by the distinguished passed on October 11, 2001. While Congress resent them expect and deserve no less. Ranking Member Mr. CONYERS, for the pur- grappled with the need to act expeditiously to Mr. Speaker, I yield back the balance pose of hearing important testimony relating to fight terrorism, I still marvel that a bill more of my time. questions of civil rights and civil liberties, im- than three hundred pages long moved from in- Mr. NADLER. Mr. Speaker, I yield 2 migration policy, and human rights resulting minutes to the gentlewoman from troduction to enactment at such a daunting from the provisions to be reauthorized in the speed. The process of reauthorization seems Texas (Ms. JACKSON-LEE). USA PATRIOT Act. Ms. JACKSON-LEE of Texas. Mr. to resemble this path. What happened on June 10 was not only an Speaker, I believe all of my colleagues Mr. Speaker, while the Committee on the attempt to silence Democratic Members of Ju- would accept the premise that justice Judiciary has exercised oversight on the provi- diciary, it was to silence Democracy in Amer- is not outside of the jurisdiction of the sions that are up for reauthorization, I feel ica. In my 11 years on the Committee on the Committee on the Judiciary, nor is the that, given their continued and increasing Judiciary, I have never witnessed such treat- concept of justice outside of the con- contentiousness, we must further analyze the ment and disrespect as we saw by the Com- cept of this august body. possibly negative impact that they will have on Judge Learned Hand is cited to have mittee Leadership, who in addition to walking our civil rights, civil liberties, and other guaran- stated that the spirit of liberty is a out of the hearing, also unilaterally decided to tees under the U.S. Constitution. Conduct that spirit which is not too sure that it is shut off the microphones for both Members disrespects Members who wish to conduct right. So sometimes, Mr. Speaker, it is and witnesses. substantive debate as representatives of the appropriate that those of us who be- Furthermore, to do so in the context of anal- House of Representatives. lieve in liberty should step back for a ysis of very substantive legislation such as Mr. NADLER. Mr. Speaker, I yield 2 moment and question whether every- PATRIOT Act Reauthorization, something that minutes to the gentlewoman from thing that we have done or everything greatly concerns all Americans, only exacer- Florida (Ms. WASSERMAN SCHULTZ). that we think is right. bated the repugnancy with which the very leg- Ms. WASSERMAN SCHULTZ. Mr. I think it is well to remind my col- islation itself was passed. Speaker, I thank the gentleman from Throughout that hearing, which was called leagues that our Founding Fathers, New York for yielding me time. those who came freely to this Nation, at the least convenient time of 8:30 a.m. on a Friday when Congress was not in session, wit- Mr. Speaker, last week it was an fled because they fled from persecu- honor to begin my new assignment as a tion. And they fled to have the oppor- nesses and Members were cut-off in mid-sen- tence, and the Chairman refused to yield to member of the Committee on the Judi- tunity and the right to speak. We have ciary. This Nation was founded on the always abhorred the tyranny of the points of order or points of personal privilege called for by the Committee Democrats. The principles of ensuring that the rights of majority. So it is important that those the minority are protected from the of us who stand today welcome, wel- hearing was abruptly adjourned by the Chair- man, in violation of the Rules of the House tyranny of the majority. The display come, the offer being made by the pre- that I witnessed and experienced at our vious speaker that we can sit down and while microphones of Democratic members were shut off while they attempted to speak. committee hearing last Friday was, resolve these questions and these dis- honestly, the most egregious abuse of putes. Sixteen provisions of the USA PATRIOT Act automatically sunset at the end of the year un- power witnessed in my 13 years of com- But there is no doubt that the resolu- bined public service in three legislative tion offered by the gentleman from less reauthorized by Congress. As such, the Judiciary Committee held hearings on the re- bodies. New York (Mr. NADLER) has not been This is a political institution, with refuted. Violation of Rule XVII did authorization of the USA PATRIOT Act that absolutely required bipartisan cooperation. individuals who feel passionately about occur. A motion did not occur to ad- their views, and this is an institution journ, and it is the rule that we have Legislation that touches upon fundamental civil rights and civil liberties should not be commin- that runs on power. But my hope is accepted. The violation of Rule XVII that even when we disagree, we will did occur, and as much as we did have gled with petty games, personal gripes, or hostile acts steeped in partisan politics. It is treat each other with respect and dig- a hearing, there were witnesses who nity. Respect and dignity were nowhere were not able to respond to accusations my hope that the Republicans will issue an apology and begin taking strides to form a to be found at that hearing last Friday, or allegations being made by Members and it was a shame. of Congress. bridge across the aisle that has been widened by ugly partisan divide. I was particularly surprised and dis- b 2130 Sixteen (16) provisions that are due to sun- appointed by the disposition dem- I think that we as Members recognize set at the end of 2005 are set for reauthoriza- onstrated by the chairman during the that we represent the American people, tion. These provisions include Section 213 that hearing, and found it ironic that the and whether or not witnesses come and allows delayed notification search warrants, Committee on the Judiciary, whose re- take an oath and offer to this Congress Section 209’s emergency disclosure of e-mails sponsibilities include reviewing, safe- words that you agree or disagree with, without a court order, and the provision that guarding and upholding our Constitu- courtesies should be given to them so allows access to business records. tion, thought nothing of trampling the that their voice might be heard. I commend the Chairman for his disposition rights the minority’s witnesses by se- The previous speaker is right. We to hold the 10 oversight hearings that have verely limiting their opportunities to worked in a bipartisan way on the PA- been held on these controversial provisions. be heard. TRIOT Act. We did it within a 6 week However, if my colleagues on this side of the After 9/11, the vast majority of Amer- period. But ultimately another bill hearing room were to file an action based on icans were and remain willing today to went to the floor of the House. It be- the common law principle of forum non give up some of our freedoms and civil hooves us now to insist on behalf of the conveniens, we would likely be justified based liberties in order to keep us safe. When American people a complete overview on the fact that this hearing has been called the USA PATRIOT Act was adopted by and oversight of the PATRIOT Act. for 8:30 a.m. on the day following the end of Congress, there were 16 provisions that June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4649 were troubling enough to most Mem- What I want Members to do, and I MOTION TO TABLE OFFERED BY MR. DELAY bers that they were required to be re- plead with them, is to support the gen- Mr. DELAY. Mr. Speaker, I move to viewed by Congress before they could tleman from New York’s privileged res- table the resolution. remain in law past this year. olution, and allow the gentleman from The SPEAKER pro tempore. The I think I share the views of many Wisconsin (Chairman SENSENBRENNER) question is on the motion to table of- when I say that I may ultimately sup- and me to continue meetings trying to fered by the gentleman from Texas port all 16 provisions remaining in law. get this committee back on track and (Mr. DELAY). However, it did not seem too much to make it whole again. Join us in that The question was taken; and the ask to thoroughly review those provi- request. Please. Speaker pro tempore announced that sions, and not just hear a drastically Mr. NADLER. Mr. Speaker, I yield the ayes appeared to have it. lopsided set of witnesses called by the myself the balance of my time. majority party. The SPEAKER pro tempore (Mr. RECORDED VOTE If we are going to restrict civil lib- THORNBERRY). The gentleman from Mr. NADLER. Mr. Speaker, I demand erties in the name of national and New York has 2 minutes remaining. a recorded vote. homeland security, it is more impor- Mr. NADLER. Mr. Speaker, we are A recorded vote was ordered. tant than ever to shine the light on not here discussing the substance or The vote was taken by electronic de- these provisions and make sure they the merits of the PATRIOT Act or the vice, and there were—ayes 222, noes 191, can withstand a rigorous test. manner in which it was adopted 4 years not voting 20, as follows: Forfeiting civil liberties is not mere- ago or the sufficiency of the oversight [Roll No. 273] ly an inconvenience for our citizens. It of the PATRIOT Act by the Committee AYES—222 must be a conscious decision, made on the Judiciary. We will have plenty Aderholt Gerlach Myrick with full disclosure and review and for of time to discuss that on the floor in good reason. If this forfeiture cannot Akin Gibbons Neugebauer coming weeks. We are discussing the Alexander Gilchrest Ney withstand a review where proponents abuse of power and flouting of the rules Bachus Gingrey Northup and opponents have their concerns by the chairman of the committee at Baker Gohmert Norwood Barrett (SC) Goode Nunes aired, then our citizens cannot be ex- the minority hearing on June 10. pected to give up rights they were born Bartlett (MD) Goodlatte Nussle What the chairman said today did Barton (TX) Granger Osborne with and for which our forefathers and not contest or dispute a single point or Bass Graves Otter Beauprez foremothers so desperately fought. a single allegation or assertion in the Green (WI) Paul It is my hope that, like the other Biggert Gutknecht Pearce resolution. He did not deny that he rig- Bilirakis committee on which I serve, the Com- Hall Pence idly cut off witnesses, every witness, in Bishop (UT) Harris Peterson (PA) mittee on Financial Services, which mid-sentence, a practice unheard of Blackburn Hart Petri operates in an spirit of bipartisanship Blunt Hastings (WA) normally in the Committee on the Ju- Pickering even on the most contentious of issues, Boehlert Hayes Pitts diciary. Boehner Hayworth that we can withstand the test, and Platts He did not deny that he made several Bonilla Hefley Poe this should be done without the abuse Bonner false and disparaging comments about Hensarling Pombo of power and trampling of democracy Boozman Herger members of the minority in violation Porter that we experienced last week. Boustany Hobson Price (GA) Mr. NADLER. Mr. Speaker, I yield 2 of the rules. Bradley (NH) Hoekstra Pryce (OH) He did not deny that he refused on Brady (TX) Hostettler Putnam minutes to the gentleman from Michi- Brown (SC) Hulshof numerous occasions throughout the Radanovich gan (Mr. CONYERS), the distinguished Brown-Waite, Hunter Ramstad ranking minority member of the Com- hearing to recognize members of the Ginny Hyde Regula Burgess Inglis (SC) mittee on the Judiciary. minority party attempting to raise Rehberg Burton (IN) Issa Reichert Mr. CONYERS. Mr. Speaker, I thank points of order. Buyer Istook He did not deny that he violated the Renzi the gentleman for yielding me time. Calvert Jenkins Reynolds Camp Jindal Mr. Speaker, this is an embarrassing rules by adjourning unilaterally and Rogers (AL) Cannon Johnson (CT) peremptorily the committee hearing Rogers (KY) circumstance that we again find our- Cantor Johnson (IL) Rogers (MI) selves in. There are reasons that have while members were seeking recogni- Capito Johnson, Sam Rohrabacher tion and seeking points of order. Carter Jones (NC) required that the gentleman from New Ros-Lehtinen Castle Keller York, regretfully, bring this privileged He did not deny that his staff cut off Royce Chabot Kelly our microphones and even the lights Ryan (WI) resolution to the floor. There is little Chocola Kennedy (MN) Ryun (KS) question that the demeanor of the when we were attempting to continue Coble King (IA) Saxton the hearing that he had illegally at- Cole (OK) King (NY) chairman, the gentleman from Wis- Schwarz (MI) Conaway Kingston ENSENBRENNER tempted to cut off. Sensenbrenner consin (Mr. S ), was very, Crenshaw Kirk very unusual for the meeting that was He says that I said that he chaired Cubin Kline Shadegg held, which he was required to hold. the hearing with an attitude of total Culberson Knollenberg Shaw Cunningham Kolbe Shays Now, do not take my word for it. I hostility. Watch the C–SPAN tape, not Sherwood want you to go look at the evidence. It the tape on the committee website, the Davis (KY) Kuhl (NY) Davis, Jo Ann LaHood Shimkus was all taped. I was stunned by my entire tape on the C–SPAN website. Deal (GA) Latham Shuster friend’s continued hostility, not just You will see the accuracy of what I DeLay Leach Simmons toward the members of the Democratic said. Dent Lewis (CA) Simpson Diaz-Balart, L. Lewis (KY) Smith (NJ) side, but the witnesses themselves. I This was unforgivable, it was un- Diaz-Balart, M. Linder Smith (TX) have never, ever experienced a witness democratic, it was tyrannical. It was Doolittle LoBiondo Sodrel being stopped dead in mid-sentence. It demeaning to the House and it should Drake Lucas Souder was highly inappropriate. The meeting not occur again. Regardless of how he Dreier Lungren, Daniel Stearns Duncan E. Sullivan was ended incorrectly. You cannot normally chairs hearings, regardless of Ehlers Mack Sweeney walk out of a meeting. You cannot say whatever may happen about the PA- Emerson Manzullo Tancredo ‘‘The meeting is adjourned,’’ slam the TRIOT Act in the future, this was an English (PA) Marchant Taylor (NC) Everett McCaul (TX) Terry gavel down and walk out. exercise in tyrannical disregard of the Feeney McCotter Thomas I have worked in the Committee on rights of the members of the minority Ferguson McCrery Thornberry the Judiciary. I came to this com- and the millions of Americans we rep- Fitzpatrick (PA) McHenry Tiahrt mittee and all my career has been resent. Flake McHugh Tiberi Foley McKeon Turner spent there. I worked under Emanuel It is intolerable, it is abusive, and, Forbes McMorris Upton Celler, Jack Brooks and Peter Rodino. therefore, this resolution should be Fortenberry Mica Walden (OR) I had wonderful times with the chair- passed and it should not happen again. Fossella Miller (FL) Walsh man that preceded the gentleman from Mr. Speaker, I yield back the balance Foxx Miller (MI) Wamp Franks (AZ) Miller, Gary Weldon (FL) Wisconsin (Chairman SENSENBRENNER), of my time. Frelinghuysen Moran (KS) Weldon (PA) the gentleman from Illinois (Mr. The SPEAKER pro tempore. All time Gallegly Murphy Weller HYDE). for debate has expired. Garrett (NJ) Musgrave Westmoreland H4650 CONGRESSIONAL RECORD — HOUSE June 16, 2005 Whitfield Wilson (NM) Wolf makers seeking to trade their votes on There was no objection. Wicker Wilson (SC) Young (FL) CAFTA should be forewarned. Such f NOES—191 deals do not pan out.’’ CENTRAL AMERICAN FREE TRADE Abercrombie Grijalva Obey A Public Citizen report catalogues AGREEMENT Ackerman Gutierrez Olver promises made to lawmakers by the Allen Harman Ortiz Clinton and Bush administrations on The SPEAKER pro tempore. Under a Andrews Hastings (FL) Owens Baca Herseth Pallone trade votes from NAFTA to PNTR to previous order of the House, the gen- Baird Higgins Pascrell TPA. Democratic and Republican ad- tleman from Ohio (Mr. BROWN) is rec- Baldwin Hinchey Pastor ministrations delivered on 16 out of 92 ognized for 5 minutes. Barrow Hinojosa Payne deals. Mr. BROWN of Ohio. Mr. Speaker, at Bean Holden Peterson (MN) Becerra Holt Pomeroy Examples of broken promises, a a recent White House news conference Berkley Honda Price (NC) pledge from the Clinton administration President Bush called on Congress to Berry Hoyer Rahall to put in place expedited safeguard pro- pass the Central American Free Trade Bishop (GA) Inslee Rangel Agreement this summer. A couple of Bishop (NY) Israel Ross cedures for tomatoes. The Bush admin- Boren Jackson (IL) Rothman istration did nothing to utilize those weeks ago in this Chamber the most Boswell Jackson-Lee Roybal-Allard procedures. Tomato imports have powerful Republican in the House, the Boyd (TX) Ruppersberger gentleman from Texas (Mr. DELAY), Brady (PA) Jefferson grown 137 percent. Rush promised a vote by July 4. Well, actu- Brown (OH) Johnson, E. B. Ryan (OH) On textiles and apparel, a promise Brown, Corrine Jones (OH) Sabo made during 2002 TPA to the gen- ally, last year the gentleman promised Butterfield Kanjorski Salazar a vote on CAFTA during 2004, then a Capps Kaptur tleman from North Carolina (Mr. Sa´ nchez, Linda Capuano Kennedy (RI) HAYES), the gentlewoman from North couple of months ago he promised T. Cardin Kildee there would be a vote by Memorial Sanchez, Loretta Carolina (Mrs. MYRICK), and then-Rep- Cardoza Kilpatrick (MI) Sanders resentative Ballenger to hire 72 addi- Day. Now, I think the gentleman from Carnahan Kind Schakowsky Texas (Mr. DELAY) really means it, Carson Kucinich tional customs inspectors, which was Schiff Case Langevin never fulfilled. that there will actually be a vote on Schwartz (PA) Chandler Lantos Scott (GA) The gentleman from North Carolina CAFTA by July 4. Clay Larsen (WA) Scott (VA) The many of us who have spoken out Cleaver Larson (CT) (Mr. HAYES) is leaning against CAFTA. Serrano Clyburn Lee The gentlewoman from North Carolina against CAFTA, and that includes lots Sherman Conyers Levin (Mrs. MYRICK) this week announced her of Republicans and Democrats, people Cooper Lewis (GA) Skelton Slaughter support. That support is based on a on both sides of the aisle have a mes- Costa Lipinski sage. Our message is dump this Central Costello Lofgren, Zoe Smith (WA) pledge from Trade Representative Cramer Lowey Snyder Portman to seek an amendment to American Free Trade Agreement. Re- Crowley Lynch Solis negotiate a CAFTA that large numbers Spratt CAFTA to help North Carolina pro- Cummings Maloney of Members of both parties can sup- Davis (AL) Markey Stark ducers of pockets and linings proving Davis (CA) Marshall Strickland that textile members like the gentle- port. Davis (FL) Matheson Stupak woman from North Carolina (Mrs. Now, President Bush signed CAFTA Davis (IL) Matsui Tanner more than a year ago. Every trade Tauscher MYRICK) seem to have learned nothing Davis (TN) McCarthy agreement negotiated by this adminis- DeFazio McCollum (MN) Taylor (MS) from the record of broken deals, the re- DeGette McDermott Thompson (CA) port states. tration, Chile, Singapore, Australia, DeLauro McGovern Thompson (MS) The gentlewoman from North Caro- Morocco, every single trade agreement Dingell McIntyre Tierney negotiated by this administration has Doggett McKinney Towns lina (Mrs. MYRICK) said she has been Doyle McNulty Udall (CO) assured by Secretary Chertoff that passed Congress within 2 months. Edwards Meehan Udall (NM) those positions would be filled by 2006. b 2215 Emanuel Meek (FL) Van Hollen Engel Meeks (NY) Vela´ zquez f CAFTA, on the other hand, was Eshoo Melancon Visclosky SPECIAL ORDERS signed in May of 2004. It has been al- Etheridge Menendez Wasserman Evans Michaud Schultz The SPEAKER pro tempore (Mr. most 13 months since CAFTA was Farr Miller (NC) Waters signed by the President, but it has lan- CONAWAY). Under the Speaker’s an- Fattah Mollohan Watson nounced policy of January 4, 2005, and guished in Congress for more than a Filner Moore (KS) Watt year, six times longer than any other Ford Moore (WI) Waxman under a previous order of the House, Frank (MA) Moran (VA) Weiner the following Members will be recog- trade agreement. It has languished in Wexler Gonzalez Murtha nized for 5 minutes each. Congress for more than a year because Gordon Nadler Woolsey this wrong-headed trade agreement of- Green, Al Napolitano Wu f Green, Gene Neal (MA) Wynn fends Republicans and Democrats in The SPEAKER pro tempore. Under a large numbers. NOT VOTING—20 previous order of the House, the gen- Just look at what happened with our Berman Delahunt Miller, George tleman from Minnesota (Mr. GUT- trade policy in the last decade. I was Blumenauer Dicks Oberstar KNECHT) is recognized for 5 minutes. Bono Gillmor Oxley elected to Congress in 1992. In those Boucher Hooley Pelosi (Mr. GUTKNECHT addressed the days for that year, the trade deficit, Cox LaTourette Reyes House. His remarks will appear here- meaning the amount of goods exported Cuellar Millender- Sessions after in the Extensions of Remarks.) Davis, Tom McDonald Young (AK) from the United States versus im- f ported into the United States, the b 2208 The SPEAKER pro tempore. Under a trade deficit was $38 billion. Twelve So the motion to table was agreed to. previous order of the House, the gen- years later, in 2004, last year, our trade The result of the vote was announced tleman from New Jersey (Mr. PALLONE) deficit was $618 billion. From $38 bil- as above recorded. is recognized for 5 minutes. lion to $618 billion, and the President A motion to reconsider was laid upon (Mr. PALLONE addressed the House. and the gentleman from Texas (Mr. the table. His remarks will appear hereafter in DELAY), the most powerful Republican f the Extensions of Remarks.) in the Congress, says that our trade f policies are working. PACTS MEAN LITTLE WHEN IT If you think it is working look at COMES TO TRADE ORDER OF BUSINESS this. In addition to the trade deficit (Mr. BROWN of Ohio asked and was Mr. BROWN of Ohio. Mr. Speaker, I going from $38 billion to $618 billion in given permission to address the House ask unanimous consent to take my a dozen years, look at what is hap- for 1 minute and to revise and extend Special Order at this time. pening to the American manufacturing his remarks.) The SPEAKER pro tempore. Is there in the last 5 or 6 years. Mr. BROWN of Ohio. Mr. Speaker, a objection to the request of the gen- The States in red are States which quote from Congress Daily: ‘‘Law- tleman from Ohio? have lost 20 percent or more, at least 20 June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4651 percent, of their manufacturing: Michi- the agreement will not hurt the work- and various educational activities, let gan, 210,000 jobs lost; Illinois, 224,000 ing families in his country. us reflect back on this milestone in jobs lost; Pennsylvania, 199,000; New Now, the administration has opened this ongoing struggle for equality and York, 222,000; Mississippi and Alabama, the bank in time to cut deals. freedom. Let us remember the com- 138,000; South Carolina and North Caro- Mr. Speaker, when the world’s poor- mitted, courageous and critical men lina, 207,000; the gentleman from Ohio’s est people can buy American products, and women who made tremendous sac- (Mr. KUCINICH) and my State, 217,000 not just make them, we will know our rifices to secure the end of slavery. manufacturing jobs lost, more than one trade policies are finally working. Our Nation’s history is littered with out of five manufacturing jobs in our f struggles for freedom starting with our State. revolution for independence from the IN HONOR OF THE 140TH The States in blue have lost 15 to 20 British empire. World history, too, is ANNIVERSARY OF JUNETEENTH percent of their manufacturing jobs. filled with great labors for liberty, More than 200,000 in Texas; Florida and The SPEAKER pro tempore (Mr. based on gender, race, religion and eth- Georgia, 178,000. State after State after CONAWAY). Under a previous order of nicity. Just this January, I traveled to State. Our trade policy simply is not the House, the gentleman from Texas Iraq to observe its historic election, in working, Mr. Speaker. (Mr. POE) is recognized for 5 minutes. which young and old, men and women, Now, what the administration’s Mr. POE. Mr. Speaker, I rise today in achieved the opportunity to make a doing, though, what CAFTA supporters honor of the 140th anniversary of free choice. in this Congress have done is they have Juneteenth. This is the oldest known So amidst intimidation, threats and crafted a one-sided plan to benefit mul- African American celebration com- actual violence, the people of Iraq tinational corporations at the expense memorating the ending of slavery in spoke out against the past oppression of American and Central American the United States. This holiday actu- and broke off the chains of slavery workers, at the expense of American ally started because of an event in from Saddam Hussein. There is some- and Central American small business, Texas history. thing down in the soul of each of us at the expense of American and Central Back on June 19, 1856, Major General that we have the yearning and the God- American farmers. Gordon Granger led Northern soldiers given desire to be free. It is the same old story. Every time into Galveston, Texas, to announce the African American freedom fighters there is a trade agreement, the Presi- ending of the War Between the States throughout countless generations paid dent says three things: It will be mean and to order the release of the last re- a precious price to deliver equality and jobs for Americans, it will mean more maining slaves. While President Lin- freedom for their brothers and sisters manufacturing done in the U.S. and coln’s issuance of the Emancipation and their posterity. Overcoming many more exports, and it will mean better Proclamation occurred over 2 years dangers, toils, and snares, civil rights wages for workers in developing coun- earlier, on January 1, 1863, in the midst activists like Texan Barbara Jordan, tries. of the War Between the States, the pe- the first black woman to serve in the Mr. Speaker, Benjamin Franklin said culiar institution of slavery, as South- United States Congress from the South 200 or so years ago, the definition of in- erners referred to it, continued until and Craig Washington, a masterful sanity is doing the same thing over and this historic day. No one in Texas had criminal defense attorney and the first over and over and expecting a different ever heard that the slaves had been black State senator in the State of outcome. Every time the President freed until June 19, 1865. Texas. He was an attorney and former Member of the United States House of says it is going to mean more jobs for Before Texas was a State, it was a Representatives. James Farmer, an- Americans it is going to mean more free republic, independent Nation, for 9 other Texas and principal organizer of manufacturing and more export, and it years. The Constitution of the Republic the ‘‘Freedom Rides.’’ Dred Scott, is going to raise living standards in the of Texas of 1836 expressly forbid the im- Frederick Douglass, Sojourner Truth, developing countries. Mr. Speaker, it portation of slaves from Africa, but Rosa Parks and Dr. Martin Luther never, ever does. These promises fall by slaves continued to come to Texas from King and some colleagues in this the wayside in favor of big business in- the United States. As a result, slavery House, as well as many more, helped in terests that send U.S. jobs overseas. spread. Texas was admitted to the Union in the fight for equality in America. Again, look at this chart. Look at Although we have made significant 1845, by just one vote. I might add that the millions, 200,000, 200 plus, 200, 200, strides in ensuring that this country some say they wish the vote had gone 200,000, 350,000 in California. Millions of fulfills the words of our national an- the other way. Nonetheless, the Lone jobs sent overseas. The standard of liv- them, ‘‘land of the free and home of the Star State had some 30,000 slaves. In ing in the developing world is stagnant, brave,’’ we must always remain ever the census of 1850, 27 percent of the not going up. We are continuing to vigilant and also make the Declaration Texas population was slaves. In 1860, outsource jobs and the administration of Independence a true reality for all says let us pass the dysfunctional cous- right before the war started, it was al- peoples. in of NAFTA. It is pass CAFTA. There most 30 percent. As that Declaration of Independence is a reason CAFTA and NAFTA rhyme. So on that day in 1865, June 19, thus says, ‘‘We hold these truths to be self- It is because it is the same old story, the phrase, ‘‘Juneteenth,’’ Major Gen- evident, that all men are created equal, the same dysfunctional cousin of eral Granger dramatically declared that they are endowed by their Creator NAFTA. when he landed in Galveston, Texas: with certain unalienable Rights, that Now, the administration is doing ‘‘The people of Texas are informed that among these are Life, Liberty and the something different. They are linking in accordance with a Proclamation pursuit of Happiness.’’ CAFTA to helping democracy, and from the Executive of the United f helping democracy develop in the de- States, all slaves are free. This in- veloping world. That argument does volves an absolute equality of rights CENTRAL AMERICAN FREE TRADE not sell. and rights of property between former AGREEMENT In May, the Chamber of Commerce masters and slaves.’’ The SPEAKER pro tempore. Under a brought the six Central American and It is interesting to note, Mr. Speaker, previous order of the House, the gen- Dominican Republic presidents to the that Lincoln’s Emancipation Procla- tleman from Ohio (Mr. KUCINICH) is rec- United States on a junket, to Cin- mation only applied to the Southern ognized for 5 minutes. cinnati, to Albuquerque, to New York, States. It took the 13th Amendment to Mr. KUCINICH. Mr. Speaker, soon to Los Angeles, to Washington, trying free the slaves in the border States and the House of Representatives will bring to convince the American people and the rest of the United States. before it legislation to clear the way the American media that this is not Now Juneteenth has become not just for the Central American Free Trade working. a Texas holiday but a national event. Agreement to not only be discussed The Costa Rican president said they This Sunday, as thousands of Ameri- but, in my view, to be challenged. will not ratify CAFTA unless an inde- cans across the Nation celebrate Earlier my colleague the gentleman pendent commission could determine Juneteenth through cultural displays from Ohio (Mr. BROWN) spoke about the H4652 CONGRESSIONAL RECORD — HOUSE June 16, 2005 loss of manufacturing jobs. I come where people cannot by American throughout the State and were re- from the Cleveland area, where we goods. That is where we are. peated each June 19th of each following know that these trade agreements, CAFTA is another in a long series of year. We continue to celebrate NAFTA, GATT, the WTO which fol- trade agreements which have worked Juneteenth because of the importance lowed, have all worked against the against the interests of the American of slavery in American history and be- American working people. We were people. We have welcomed representa- cause the lingering effects of slavery told when these agreements were tives of Central America to this Con- remain a part of the legacy of our formed that it would mean more jobs gress in the last week. They have com- country. in the United States because people in municated to us. These Members of The legacy of slavery continues to other countries would be buying our Congress of Central American coun- play a role in our daily lives and poli- goods. tries have communicated to us that tics. The vast racial disparities in em- Well, let us look at the facts. Let us this trade agreement was passed in the ployment, income, home ownership, look at what the actual wages are and dead of night in their countries; that education, voter registration and par- the purchasing power of people in var- this trade agreement was passed with- ticipation, health status and mortality ious countries. out the representatives even knowing all continue to exist. The great histo- How, for example, can people in Hon- what was in the bill; that this trade rian John Hope Franklin wrote, and I duras, $2,600 a year, be able to buy agreement was passed and set the stage quote, ‘‘Much history occurs of which something that is made in the United for the privatization of public services. some historians decide to take no no- States that has any powerful commer- This trade agreement was passed and tice.’’ cial value, like a car or like a washing set the stage for higher taxes, with Juneteenth is the people’s answer to machine? How could someone living in people already living very humbly with the obscuring and distortion of much of El Salvador, $4,800 a year, be able to the lowest wages. the history and experience of African purchase something, some manufac- We are here to stand up for the Americans in this country. It is an en- tured product in the United States, American worker, stand up for Amer- during statement that the truth cannot that costs hundreds or thousands of ican manufacturing, to stand up for the be suppressed forever, and that the dollars? future of this country and to stand up struggle for justice and equality will What is happening is that trade for international solidarity on ques- and must continue. agreements are seeking cheaper labor tions of human rights, workers rights f where they can go to countries where and environmental quality principles. The SPEAKER pro tempore. Under a the labor is cheap, but they are not b 2230 previous order of the House, the gen- selling American goods there. So we tleman from Indiana (Mr. BURTON) is It is time for us to say that CAFTA are seeing that we are not finding new recognized for 5 minutes. must be defeated; that we must go markets for our goods; yet, we are find- (Mr. BURTON of Indiana addressed back to a whole new trade structure ing markets for cheap labor. That is the House. His remarks will appear that is based on workers’ rights, that is what these trade agreements do. They hereafter in the Extensions of Re- based on human rights, that is based on open up markets for cheap labor. marks.) Keep in mind, the workers in Hon- environmental quality principles. duras, Guatemala, El Salvador, Domin- Commerce essentially depends on the f ican Republic, Nicaragua and others agreements which we come up with in The SPEAKER pro tempore. Under a represented on this chart, they do not this House of Representatives. But previous order of the House, the gentle- have any rights. They do not have a commerce without economic justice is woman from California (Ms. WOOLSEY) right under these trade agreements, an tyranny. Commerce without morality is recognized for 5 minutes. inherent right for collective bar- is a degradation of the human spirit. (Ms. WOOLSEY addressed the House. gaining, a right to organize, a right to Commerce without basic principles Her remarks will appear hereafter in strike, a right to decent wages and ben- which can strengthen a society is com- the Extensions of Remarks.) efits. merce that erodes the social compact f No. As these corporations get more of a society. The SPEAKER pro tempore. Under a power, they force upon the workers a Mr. Speaker, I appreciate having this previous order of the House, the gen- take-it-or-leave-it proposition where opportunity to share with the Amer- tleman from Georgia (Mr. NORWOOD) is people are basically left to accept ican people the urgency of seeing recognized for 5 minutes. working under conditions that are CAFTA defeated. (Mr. NORWOOD addressed the House. awful, for wages that are miserably f His remarks will appear hereafter in low, and if they do not like it, they do the Extensions of Remarks.) JUNETEENTH not have any kind of a job at all. f The SPEAKER pro tempore (Mr. Meanwhile, what happens in the The SPEAKER pro tempore. Under a CONAWAY). Under a previous order of United States? We are losing jobs by previous order of the House, the gen- the House, the gentleman from Illinois the millions. The trade agreements, tleman from Maryland (Mr. CUMMINGS) (Mr. DAVIS) is recognized for 5 minutes. which we have seen this country pass is recognized for 5 minutes. Mr. DAVIS of Illinois. Mr. Speaker, over the last 12 years, have resulted in (Mr. CUMMINGS addressed the June 19th, Juneteenth as it is called, is a destruction of America’s basic manu- House. His remarks will appear here- a unique people’s holiday. It is the old- facturing capability. after in the Extensions of Remarks.) Remember, our national security has est known celebration of the end of depended on our strategic industrial slavery in the United States. It marks f base of steel, automotive and aero- the day that union soldiers arrived in The SPEAKER pro tempore. Under a space, and yet, we are seeing that base Galveston, Texas, in 1865, with news previous order of the House, the gen- decline because of these trade agree- that the war had ended and that all tleman from California (Mr. SCHIFF) is 1 recognized for 5 minutes. ments. We are giving away our ability slaves were now free, 2 ⁄2 years after to even defend our country. We are giv- the Emancipation Proclamation. (Mr. SCHIFF addressed the House. ing away our ability to create good- We do not know why it took so long His remarks will appear hereafter in paying jobs. for the news to get to Texas, but we do the Extensions of Remarks.) Henry Ford understood more than 100 know that the military general order f years ago that you had to be able to which was posted that day read in part, The SPEAKER pro tempore. Under a pay people a good wage so they could and I quote ‘‘The people of Texas are previous order of the House, the gen- buy the things they make. These trade informed that in accordance with the tleman from Oregon (Mr. DEFAZIO) is agreements turn all that on its head. proclamation from the executive of the recognized for 5 minutes. Now, American workers are seeing United States, all slaves are free.’’ (Mr. DEFAZIO addressed the House. their jobs exported to countries where The news spread like wildfire, and His remarks will appear hereafter in people make low wages and countries spontaneous celebrations sprang up the Extensions of Remarks.) June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4653 LEAVE OF ABSENCE H.R. 483. An act to designate a United tions Commission, transmitting the Com- States courthouse in Brownsville, Texas, as mission’s final rule — Amendment of Section By unanimous consent, leave of ab- the ‘‘Reynaldo G. Garza and Filemon B. Vela 73.202(b), Table of Allotments, FM Broadcast sence was granted to: United States Courthouse’’. Stations (Sparta and Morrison, Tennessee) Mr. BLUMENAUER (at the request of f [MB Docket No. 04-316; RM-11047] received Ms. PELOSI) for today after 4:10 p.m. May 20, 2005, pursuant to 5 U.S.C. and the balance of the week on account SENATE ENROLLED BILL SIGNED 801(a)(1)(A); to the Committee on Energy and of official business. Commerce. The SPEAKER announced his signa- 2391. A letter from the General Counsel, Ms. HOOLEY (at the request of Ms. ture to an enrolled bill of the Senate of Federal Energy Regulatory Commission, PELOSI) for today after 4:10 p.m. and the following title: transmitting the Commission’s final rule — the balance of the week on account of S. 643. An act to amend the Agriculture Standards for Business Practices of Inter- official business in the district. Credit Act of 1987 to reauthorize State medi- state Natural Gas Pipelines [Docket No. Mr. REYES (at the request of Ms. ation programs. RM96-1-026] received June 3, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on PELOSI) for today after 4:10 p.m. and f the balance of the week on account of Energy and Commerce. official business. ADJOURNMENT 2392. A letter from the Secretary, Federal Trade Commission, transmitting the Com- Mr. TOM DAVIS of Virginia (at the re- Mr. DAVIS of Illinois. Mr. Speaker, I mission’s final rule — Children’s Online Pri- quest of Mr. DELAY) for today after 3:30 move that the House do now adjourn. vacy Protection Rule — received April 25, p.m. and the balance of the week on ac- The motion was agreed to; accord- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the count of personal reasons. ingly (at 10 o’clock and 34 minutes Committee on Energy and Commerce. Mr. GILLMOR (at the request of Mr. p.m.), the House adjourned until to- 2393. A letter from the General Counsel, DELAY) for today after 8:00 p.m. and morrow, Friday, June 17, 2005, at 9 a.m. Federal Retirement Thrift Investment Board, transmitting the Board’s final rule — the balance of the week on account of f business in the district. Various Changes to the Thrift Savings Plan — received June 3, 2005, pursuant to 5 U.S.C. f EXECUTIVE COMMUNICATIONS, ETC. 801(a)(1)(A); to the Committee on Govern- SPECIAL ORDERS GRANTED ment Reform. Under clause 8 of rule XII, executive 2394. A letter from the Acting Director, Of- By unanimous consent, permission to communications were taken from the fice of Personnel Management, transmitting address the House, following the legis- Speaker’s table and referred as follows: the Office’s final rule — Recruitment, Relo- cation, and Retention Incentives (RIN: 3206- lative program and any special orders 2384. A letter from the General Counsel, AK81) received May 23, 2005, pursuant to 5 heretofore entered, was granted to: FEMA, Department of Homeland Security, U.S.C. 801(a)(1)(A); to the Committee on Gov- (The following Members (at the re- transmitting the Department’s final rule — ernment Reform. quest of Mr. BROWN of Ohio) to revise Final Flood Elevation Determinations — re- 2395. A letter from the Director, Office of and extend their remarks and include ceived June 3, 2005, pursuant to 5 U.S.C. Workers’ Compensation Programs, Depart- extraneous material:) 801(a)(1)(A); to the Committee on Financial ment of Labor, transmitting the Depart- Mr. PALLONE, for 5 minutes, today. Services. ment’s final rule — Performance of Func- 2385. A letter from the General Counsel, Ms. WOOLSEY, for 5 minutes, today. tions; Claims for Compensation Under the FEMA, Department of Homeland Security, Energy Employees Occupational Illness Mr. BROWN of Ohio, for 5 minutes, transmitting the Department’s final rule — today. Compensation Program Act (RIN: 1215-AB51) Final Flood Elevation Determinations — re- received June 8, 2005, pursuant to 5 U.S.C. Mr. CUMMINGS, for 5 minutes, today. ceived June 3, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the Judici- Mr. SCHIFF, for 5 minutes, today. 801(a)(1)(A); to the Committee on Financial ary. Mr. DEFAZIO, for 5 minutes, today. Services. 2396. A letter from the Program Analyst, (The following Members (at the re- 2386. A letter from the Director, Regula- FAA, Department of Transportation, trans- quest of Mr. POE) to revise and extend tions Policy and Management Staff, FDA, mitting the Department’s final rule — their remarks and include extraneous Department of Health and Human Services, Standard Instrument Approach Procedures; transmitting the Department’s final rule — material:) Miscellaneous Amendments [Docket No. Dental Devices; Reclassification of 30444; Amdt. No. 3121] received May 19, 2005, Mr. GUTKNECHT, for 5 minutes, June Tricalcium Phosphate Granules and Classi- 23. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fication of Other Bone Grafting Material for mittee on Transportation and Infrastruc- Mr. POE, for 5 minutes, June 17 and Dental Bone Repair [Docket No. 2002P-0520] ture. 20. (formerly Docket No. 02P-0520) received May 2397. A letter from the Program Analyst, Mr. NORWOOD, for 5 minutes, June 17. 13, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to FAA, Department of Transportation, trans- Mr. OSBORNE, for 5 minutes, June 20. the Committee on Energy and Commerce. mitting the Department’s final rule — (The following Members (at their own 2387. A letter from the Director, Regula- Standard Instrument Approach Procedures; tions Policy and Management Staff, FDA, Miscellaneous Amendments [Docket No. request) to revise and extend their re- Department of Health and Human Services, marks and include extraneous mate- 30374; Amdt. No. 3063] received May 19, 2005, transmitting the Department’s ‘‘Major’’ pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rial:) final rule — Use of Ozone-Depleting Sub- mittee on Transportation and Infrastruc- Mr. KUCINICH, for 5 minutes, today. stances; Removal of Essential-Use Designa- ture. Mr. DAVIS of Illinois, for 5 minutes, tions [Docket No. 2003P-0029] (RIN: 0910- 2398. A letter from the Program Analyst, today. AF18) received April 28, 2005, pursuant to 5 FAA, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on En- f mitting the Department’s final rule — ergy and Commerce. Standard Instrument Approach Procedures; SENATE BILL REFERRED 2388. A letter from the General Counsel, Miscellaneous Amendments [Docket No. A bill of the Senate of the following FEMA, Department of Homeland Security, 30379; Amdt. No. 3068] received May 19, 2005, transmitting the Department’s final rule — title was taken from the Speaker’s pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Suspension of Community Eligibility [Dock- mittee on Transportation and Infrastruc- table and, under the rule, referred as et No. FEMA-7877] received June 3, 2005, pur- ture. follows: suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2399. A letter from the Program Analyst, S. 1140. An act to designate the State mittee on Financial Services. FAA, Department of Transportation, trans- Route 1 Bridge in the State of Delaware as 2389. A letter from the Deputy Assistant mitting the Department’s final rule — Pyro- the ‘‘Senator William V. Roth, Jr. Bridge’’; Administrator, Office of Diversion Control, technic Signaling Device Requirements to the Committee on Transportation and In- DEA, Department of Justice, transmitting [Docket No. FAA-2004-19947; Amendment No. frastructure. the Department’s final rule — Schedules of 91-285] (RIN: 2120-AI42) received May 19, 2005, Controlled Substances: Placement of Alpha- f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Methyltryptamine and 5-Methoxy-N,N- mittee on Transportation and Infrastruc- ENROLLED BILL SIGNED Diisopropyltryptamine Into Schedule I of the ture. Mr. Trandahl, Clerk of the House, re- Controlled Substances Act [Docket No. DEA- 2400. A letter from the Program Analyst, 252F] received April 28, 2005, pursuant to 5 FAA, Department of Transportation, trans- ported and found truly enrolled a bill U.S.C. 801(a)(1)(A); to the Committee on En- mitting the Department’s final rule — Revi- of the House of the following title ergy and Commerce. sion of Incorporated by Reference Provisions which was thereupon signed by the 2390. A letter from the Legal Advisor to the [Docket No. FAA-2004-19247; Amdt. Nos. 71-33, Speaker: Chief, Media Bureau, Federal Communica- 97-1355] (RIN: 2120-AI39) received May 19, 2005, H4654 CONGRESSIONAL RECORD — HOUSE June 16, 2005 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Revenue Service, transmitting the Service’s pand the eligibility requirement to include mittee on Transportation and Infrastruc- final rule — Last-in, first-out inventories. Predominantly Black Institutions of higher ture. (Rev. Rul. 2005-34) received May 18, 2005, pur- education; to the Committee on Education 2401. A letter from the Program Analyst, suant to 5 U.S.C. 801(a)(1)(A); to the Com- and the Workforce. FAA, Department of Transportation, trans- mittee on Ways and Means. By Mrs. BLACKBURN: mitting the Department’s final rule — Avia- 2412. A letter from the Acting Chief, Publi- H.R. 2932. A bill to amend the Inter- tion Safety and Health Partnership Program cations and Regulations Branch, Internal national Air Transportation Competition [Docket No. FAA-2003-14578] received May 19, Revenue Service, transmitting the Service’s Act of 1979 to modify restrictions on the pro- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule — Announcement and Report Con- visions of air transportation to and from Committee on Transportation and Infra- cerning Pre-Filing Agreements (Announce- Love Field, Texas; to the Committee on structure. ment 2005-42) received June 7, 2005, pursuant Transportation and Infrastructure. 2402. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. FORBES (for himself, Mr. FAA, Department of Transportation, trans- Ways and Means. GALLEGLY, Mrs. JO ANN DAVIS of Vir- mitting the Department’s final rule — f ginia, Mr. GOODLATTE, Mr. BOOZMAN, Amendment of Class E Airspace; Harrisburg, Mr. BURTON of Indiana, Mr. NORWOOD, PA [Docket No. FAA-2005-20056; Airspace REPORTS OF COMMITTEES ON Mr. DEAL of Georgia, Ms. HARRIS, Ms. Docket No. 05-AEA-01] received June 15, 2005, PUBLIC BILLS AND RESOLUTIONS GINNY BROWN-WAITE of Florida, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ISSA, Mr. FEENEY, and Mr. KING of mittee on Transportation and Infrastruc- Under clause 2 of rule XIII, reports of Iowa): ture. committees were delivered to the Clerk H.R. 2933. A bill to amend the Immigration 2403. A letter from the Program Analyst, for printing and reference to the proper and Nationality Act to render inadmissible FAA, Department of Transportation, trans- calendar, as follows: and deportable aliens who have participated mitting the Department’s final rule — Modi- Mr. POMBO: in criminal street gangs, and for other pur- fication of Class E Airspace; Washington, Committee on Resources. poses; to the Committee on the Judiciary. KS. [Docket No. FAA-2005-20575; Airspace H.R. 394. A bill to direct the Secretary of By Mr. FILNER (for himself, Mr. Docket No. 05-ACE-12] received June 15, 2005, the Interior to conduct a boundary study to KOLBE, Mrs. DAVIS of California, and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- evaluate the significance of the Colonel Mr. FLAKE): mittee on Transportation and Infrastruc- James Barrett Farm in the Commonwealth H.R. 2934. A bill to authorize Federal pay- ture. of Massachusetts and the suitability and fea- ment to emergency ambulance and medical 2404. A letter from the Program Analyst, sibility of its inclusion in the National Park services providers for the cost of uncompen- FAA, Department of Transportation, trans- System as part of the Minute Man National sated care of aliens aided by the border pa- mitting the Department’s final rule — Modi- Historical Park, and for other purposes; with trol or other Federal immigration official; to fication of Class E Airspace; Harper, KS. an amendment (Rept. 109–135). the Committee on Energy and Commerce. [Docket No. FAA-2005-20577; Airspace Docket Referred to the Committee of the Whole By Mrs. DAVIS of California: No. 05-ACE-14] received June 15, 2005, pursu- House on the State of the Union. H.R. 2935. A bill to amend the Internal Rev- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. BOEHNER: enue Code of 1986 to allow individuals a de- on Transportation and Infrastructure. duction for qualified long-term care insur- 2405. A letter from the Program Analyst, Committee on Education and the Work- ance premiums, use of such insurance under FAA, Department of Transportation, trans- force. cafeteria plans and flexible spending ar- mitting the Department’s final rule — Revi- H.R. 2123. A bill to reauthorize the Head rangements, and a credit for individuals with sion of Class E Airspace; Burns, OR [Docket Start Act to improve the school readiness of long-term care needs; to the Committee on FAA 2004-18915; Airspace Docket 04-ANM-11] disadvantaged children, and for other pur- Ways and Means. received June 15, 2005, pursuant to 5 U.S.C. poses; with an amendment (Rept. 109–136). By Mrs. DAVIS of California: 801(a)(1)(A); to the Committee on Transpor- Referred to the Committee of the Whole H.R. 2936. A bill to amend the Public tation and Infrastructure. House on the State of the Union. 2406. A letter from the Program Analyst, Mr. YOUNG of Alaska Health Service Act, the Employee Retire- FAA, Department of Transportation, trans- Committee on Transportation and Infra- ment Income Security Act of 1974, and the mitting the Department’s final rule — structure. Internal Revenue Code of 1986 to require that Amendment of Class E Airspace; Harrisburg, H.R. 1412. A bill to amend the Ports and group and individual health insurance cov- PA [Docket No. FAA-2005-20057; Airspace Waterways Safety Act to require notifica- erage and group health plans provide cov- Docket No. 05-AEA-02] received June 15, 2005, tion of the Coast Guard regarding obstruc- erage for second opinions; to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tions to navigation, and for other purposes; on Energy and Commerce, and in addition to mittee on Transportation and Infrastruc- with an amendment (Rept. 109–137). the Committees on Education and the Work- ture. Referred to the Committee of the Whole force, and Ways and Means, for a period to be 2407. A letter from the Director, Regula- House on the State of the Union. subsequently determined by the Speaker, in tions Management, Office of Regulation Pol- Mr. OXLEY: each case for consideration of such provi- icy and Management, Department of Vet- Committee on Financial Services. sions as fall within the jurisdiction of the erans Affairs, transmitting the Department’s H.R. 280. A bill to facilitate the provision committee concerned. final rule — Presumption of Sound Condi- of assistance by the Department of Housing By Mrs. DAVIS of California: tion: Aggravation of a Disability by Active and Urban Development for the cleanup and H.R. 2937. A bill to amend the Public Service (RIN: 2900-AL90) received May 4, 2005, economic redevelopment of brownfields Health Service Act, the Employee Retire- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (Rept. 109–138). ment Income Security Act of 1974, and the mittee on Veterans’ Affairs. Referred to the Committee of the Whole Internal Revenue Code of 1986 to require that 2408. A letter from the Acting Chief, Publi- House on the State of the Union. group and individual health insurance cov- cations and Regulations Branch, Internal f erage and group health plans permit enroll- Revenue Service, transmitting the Service’s ees direct access to services of obstetrical final rule — Estate of Mitchell v. Commis- PUBLIC BILLS AND RESOLUTIONS and gynecological physician services directly sioner — received June 8, 2005, pursuant to 5 Under clause 2 of rule XII, public and without a referral; to the Committee on Energy and Commerce, and in addition to U.S.C. 801(a)(1)(A); to the Committee on bills and resolutions were introduced Ways and Means. the Committees on Education and the Work- 2409. A letter from the Acting Chief, Publi- and severally referred, as follows: force, and Ways and Means, for a period to be cations and Regulations Branch, Internal By Mr. STUPAK (for himself, Mr. subsequently determined by the Speaker, in Revenue Service, transmitting the Service’s EHLERS, Mr. EMANUEL, Ms. each case for consideration of such provi- final rule — Weighted Average Interest SCHAKOWSKY, Mr. BROWN of Ohio, Mr. sions as fall within the jurisdiction of the Rates Update [Notice 2005-46] received June KILDEE, Mr. KIRK, Mr. LATOURETTE, committee concerned. 8, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Ms. BALDWIN, Mr. DINGELL, Mr. By Mr. DUNCAN (for himself and Mr. the Committee on Ways and Means. LEVIN, Mr. KUCINICH, Ms. BEAN, Mr. GORDON): 2410. A letter from the Acting Chief, Publi- HIGGINS, Ms. KAPTUR, and Ms. H.R. 2938. A bill to provide for local control cations and Regulations Branch, Internal SLAUGHTER): for the siting of windmills; to the Committee Revenue Service, transmitting the Service’s H.R. 2930. A bill to prohibit the issuance of on Energy and Commerce, and in addition to final rule — Time for performing certain any Federal or State permit or lease for new the Committees on Resources, and Ways and acts postponed by reason of service in a com- oil and gas slant, directional, or offshore Means, for a period to be subsequently deter- bat zone or a Presidentially declared disaster drilling in or under one or more of the Great mined by the Speaker, in each case for con- (Rev. Proc. 2005-27) received May 18, 2005, Lakes; to the Committee on Energy and sideration of such provisions as fall within pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Commerce. the jurisdiction of the committee concerned. mittee on Ways and Means. By Mr. OWENS: By Mr. WELDON of Pennsylvania (for 2411. A letter from the Acting Chief, Publi- H.R. 2931. A bill to amend part B of title III himself, Mr. FARR, Mr. ALLEN, and cations and Regulations Branch, Internal of the Higher Education Act of 1965 to ex- Mr. SAXTON): June 16, 2005 CONGRESSIONAL RECORD — HOUSE H4655 H.R. 2939. A bill to establish a national pol- sions as fall within the jurisdiction of the plan for the withdrawal of United States icy for our oceans, to strengthen the Na- committee concerned. Armed Forces from Iraq, and for other pur- tional Oceanic and Atmospheric Administra- By Ms. MILLENDER-MCDONALD: poses; to the Committee on International tion, to establish a Committee on Ocean Pol- H.R. 2947. A bill to amend the Elementary Relations, and in addition to the Committee icy, and for other purposes; to the Com- and Secondary Education Act of 1965 to au- on Armed Services, for a period to be subse- mittee on Resources, and in addition to the thorize the use of funds for the inclusion in quently determined by the Speaker, in each Committee on Science, for a period to be domestic violence education programs of in- case for consideration of such provisions as subsequently determined by the Speaker, in formation on legal rights available to teen- fall within the jurisdiction of the committee each case for consideration of such provi- age victims of dating violence; to the Com- concerned. sions as fall within the jurisdiction of the mittee on Education and the Workforce. By Mr. BROWN of Ohio (for himself committee concerned. By Ms. MILLENDER-MCDONALD (for and Mr. BILIRAKIS): By Mr. ENGLISH of Pennsylvania (for herself, Mr. OWENS, Mr. MOORE of H. Con. Res. 179. Concurrent resolution ex- himself, Mr. BECERRA, Mr. REYNOLDS, Kansas, Mr. JEFFERSON, Mr. WEXLER, pressing the sense of the Congress regarding Mr. BOEHLERT, Mr. THOMPSON of Cali- and Ms. WOOLSEY): bone marrow failure diseases; to the Com- fornia, and Mr. WELLER): H.R. 2948. A bill to give States the flexi- mittee on Energy and Commerce. H.R. 2940. A bill to amend the Internal Rev- bility to reduce bureaucracy by streamlining By Mr. HOYER (for himself, Mr. enue Code of 1986 to clarify that certain set- enrollment processes for the Medicaid and WELDON of Pennsylvania, Mr. AN- tlement funds established under the Com- State children’s health insurance programs DREWS, Mr. BOEHLERT, and Mr. prehensive Environmental Response, Com- through better linkages with programs pro- THOMPSON of Mississippi): pensation, and Liability Act of 1980 are bene- viding nutrition and related assistance to H. Con. Res. 180. Concurrent resolution to ficially owned by the United States and are low-income families; to the Committee on support initiatives developed by the Fire- not subject to tax; to the Committee on Energy and Commerce. fighter Life Safety Summit and the mission Ways and Means. By Mr. GEORGE MILLER of California of the National Fallen Firefighters Founda- By Mr. ENGLISH of Pennsylvania: (for himself, Mr. KILDEE, Ms. PELOSI, tion and the United States Fire Administra- H.R. 2941. A bill to amend the Internal Rev- Mr. OWENS, Mr. PAYNE, Ms. WOOLSEY, tion to reduce firefighter fatalities and inju- enue Code of 1986 to modify the qualified Mr. HINOJOSA, Mrs. MCCARTHY, Mr. ries, to encourage implementation of the small issue bond provisions; to the Com- TIERNEY, Mr. WU, Mr. KUCINICH, Mr. new ‘‘Everyone Goes Home‘‘ campaign to mittee on Ways and Means. HOLT, Ms. MCCOLLUM of Minnesota, make firefighter safety a national priority, By Mr. GRAVES (for himself, Mr. KEN- Mrs. DAVIS of California, Mr. DAVIS and to support the goals of the national NEDY of Minnesota, and Mr. WILSON of Illinois, Mr. GRIJALVA, Mr. VAN ‘‘stand down‘‘ called by fire organizations; to of South Carolina): HOLLEN, Mr. RYAN of Ohio, Mr. the Committee on Science. H.R. 2942. A bill to amend title 18, United BISHOP of New York, Mr. BARROW, By Mr. FOSSELLA (for himself, Mr. States Code, to protect potential victims of Mr. HIGGINS, Mr. DOGGETT, Ms. MAT- BILIRAKIS, Mrs. MALONEY, Mr. RYAN sex crimes by strengthening the sentencing SUI, Ms. BALDWIN, Mr. MICHAUD, Mrs. of Ohio, Mr. PETERSON of Minnesota, provisions for sex offenders; to the Com- JONES of Ohio, Mr. STARK, Mr. CON- Mr. MCNULTY, Mr. ANDREWS, Mr. mittee on the Judiciary. YERS, and Ms. SOLIS): RANGEL, Mr. KUHL of New York, Mr. By Mr. GRAVES (for himself, Mr. H.R. 2949. A bill to amend the Higher Edu- DAVIS of Illinois, Mr. ROTHMAN, Ms. HONDA, Mr. INSLEE, and Mr. BAIRD): cation Act of 1965; to the Committee on Edu- WATSON, Mr. FRELINGHUYSEN, Mr. H.R. 2943. A bill to amend the Small Busi- cation and the Workforce. HOLT, Mr. MCGOVERN, Mr. PALLONE, ness Act to establish eligibility require- By Mr. NEAL of Massachusetts: Mr. LANTOS, Mr. SCOTT of Virginia, ments for business concerns to receive H.R. 2950. A bill to amend the Internal Rev- Mr. MENENDEZ, and Mr. MCCOTTER): awards under the Small Business Innovation enue Code of 1986 to provide a revenue-neu- H. Res. 325. A resolution honoring the spir- Research Program; to the Committee on tral simplification of the individual income itual leadership of Archbishop Iakovos to Small Business, and in addition to the Com- tax; to the Committee on Ways and Means. Greek Orthodox Christians in the Western mittee on Science, for a period to be subse- By Mr. POMEROY: Hemisphere; to the Committee on Govern- quently determined by the Speaker, in each H.R. 2951. A bill to amend the Internal Rev- ment Reform. case for consideration of such provisions as enue Code of 1986 to encourage guaranteed By Mr. GALLEGLY (for himself, Mr. fall within the jurisdiction of the committee lifetime income payments by excluding from WEXLER, and Mr. SMITH of New Jer- concerned. income a portion of such payments; to the sey): By Mr. HASTINGS of Florida (for him- Committee on Ways and Means. H. Res. 326. A resolution calling for free self, Mr. HINCHEY, Mr. MOORE of Kan- By Mr. RYAN of Wisconsin (for himself and fair parliamentary elections in the Re- sas, and Mr. OWENS): and Mr. HERGER): public of Azerbaijan; to the Committee on H.R. 2944. A bill to provide for the assess- H.R. 2952. A bill to amend the Internal Rev- International Relations. ment of a penalty to gasoline retailers who enue Code of 1986 with respect to the eligi- By Ms. LEE (for herself, Mr. LANTOS, charge prices grossly in excess of the pre- bility of veterans for mortgage bond financ- Mr. PAYNE, Mr. GUTIERREZ, Ms. NOR- scribed index price for gasoline; to the Com- ing, and for other purposes; to the Com- TON, Mr. CONYERS, Mr. OWENS, and mittee on Energy and Commerce. mittee on Ways and Means. Ms. JACKSON-LEE of Texas): By Mr. LOBIONDO (for himself, Mr. By Mr. SCOTT of Georgia: H. Res. 327. A resolution supporting the HOLDEN, Mr. SAXTON, Mr. HASTINGS of H.R. 2953. A bill to designate the building goals and ideals of National Passport Month; Florida, Mr. KING of New York, Mr. located at 493 Auburn Avenue, N.E., in At- to the Committee on Government Reform. VAN HOLLEN, Ms. HERSETH, Mr. lanta, Georgia, as the ‘‘John Lewis Civil BROWN of South Carolina, Mr. MOORE Rights Institute‘‘; to the Committee on Re- f of Kansas, Mr. PASCRELL, Mr. sources. FRELINGHUYSEN, Mr. SMITH of New By Mr. SESSIONS: ADDITIONAL SPONSORS Jersey, Mr. MENENDEZ, Mr. OWENS, H.R. 2954. A bill to suspend temporarily the Under clause 7 of rule XII, sponsors Mr. PLATTS, Mr. HOLT, Mr. MCNULTY, duty on manganese metal flake containing were added to public bills and resolu- Mr. PALLONE, Mr. HINCHEY, and Mr. at least 99.5 percent by weight of manganese; tions as follows: ISSA): to the Committee on Ways and Means. H.R. 2945. A bill to amend the Public By Mr. SMITH of Texas: H.R. 19: Mr. MCCAUL of Texas. Health Service Act to extend preventive- H.R. 2955. A bill to amend title 28, United H.R. 21: Ms. SCHWARTZ of Pennsylvania and health and research programs with respect States Code, to clarify that the Court of Ap- Mr. PLATTS. to prostate cancer; to the Committee on En- peals for the Federal Circuit has exclusive H.R. 66: Mr. FITZPATRICK of Pennsylvania. ergy and Commerce. jurisdiction of appeals relating to patents, H.R. 70: Mr. TOM DAVIS of Virginia. By Mrs. MALONEY (for herself and Ms. plant variety protection, or copyrights, and H.R. 75: Mr. BASS. HART): for other purposes; to the Committee on the H.R. 97: Ms. SOLIS. H.R. 2946. A bill to amend the Public Judiciary. H.R. 98: Mr. COBLE. Health Service Act and Employee Retire- By Mr. STUPAK: H.R. 111: Mr. OLVER. ment Income Security Act of 1974 to require H.R. 2956. A bill to provide for the estab- H.R. 128: Mr. ISRAEL and Mr. MILLER of that group and individual health insurance lishment of certain restrictions with respect Florida. coverage and group health plans provide cov- to drugs containing isotretinoin (including H.R. 147: Mr. BOOZMAN and Mr. FORBES. erage for qualified individuals for bone mass the drug marketed as Accutane); to the Com- H.R. 274: Mr. GERLACH and Mr. SOUDER. measurement (bone density testing) to pre- mittee on Energy and Commerce. H.R. 282: Mr. LUCAS, Mr. LEWIS of Ken- vent fractures associated with osteoporosis; By Mr. ABERCROMBIE (for himself, tucky, and Mrs. BLACKBURN. to the Committee on Energy and Commerce, Mr. JONES of North Carolina, Mr. H.R. 408: Mrs. CAPPS, Mrs. BONO, and Ms. and in addition to the Committee on Edu- KUCINICH, Mr. PAUL, Mr. MEEHAN, Ms. ZOE LOFGREN of California. cation and the Workforce, for a period to be WOOLSEY, and Ms. LEE): H.R. 503: Mr. SCOTT of Virginia and Mr. subsequently determined by the Speaker, in H.J. Res. 55. A joint resolution requiring BOEHLERT. each case for consideration of such provi- the President to develop and implement a H.R. 515: Mr. GREEN of Wisconsin. H4656 CONGRESSIONAL RECORD — HOUSE June 16, 2005

H.R. 517: Ms. WOOLSEY, Mr. HAYWORTH, Mr. H.R. 1566: Mr. DUNCAN. H. Con. Res. 90: Mr. KENNEDY of Rhode Is- MATHESON, Mr. TAYLOR of North Carolina, H.R. 1582: Mr. HINCHEY. land and Mr. BERMAN. Mr. DANIEL E. LUNGREN of California, and H.R. 1588: Ms. HOOLEY and Mr. BRADY of H. Con. Res. 123: Mr. FATTAH. Mrs. NAPOLITANO. Pennsylvania. H. Con. Res. 128: Mr. WAXMAN. H.R. 559: Mr. BRADY of Pennsylvania. H.R. 1591: Mr. KILDEE, Mr. STUPAK, and Mr. H. Con. Res. 155: Mr. KING of New York, Ms. H.R. 586: Mr. RENZI. HINCHEY. SLAUGHTER, and Mr. POMEROY. H.R. 602: Mr. AL GREEN of Texas, Mr. KEN- H.R. 1600: Mr. MURTHA. H. Con. Res. 157: Mr. VAN HOLLEN, Mr. MIL- NEDY of Rhode Island, Mrs. JO ANN DAVIS of H.R. 1632: Mr. POMEROY and Mr. COOPER. LER of Florida, Mr. ENGLISH of Pennsylvania, Virginia, and Mr. SOUDER. H.R. 1639: Mr. TIERNEY. Ms. MILLENDER-MCDONALD, Mr. CUMMINGS, H.R. 676: Ms. MCKINNEY. H.R. 1668: Mr. THOMPSON of Mississippi, Mr. Mr. MURTHA, Mr. CHANDLER, Mr. MCGOVERN, H.R. 698: Mr. KUHL of New York and Mr. PAYNE, and Mr. FRANK of Massachusetts. Mr. HINCHEY, Mr. GOHMERT, Ms. HERSETH, MARCHANT. H.R. 1671: Mr. SCHIFF. Mr. SNYDER, Mr. BOEHLERT, and Mr. CON- H.R. 752: Ms. ROYBAL-ALLARD, Mr. SPRATT, H.R. 1672: Mr. PAYNE. YERS. and Mr. ORTIZ. H.R. 1696: Mr. SNYDER. H. Con. Res. 160: Mr. HOLT. H.R. 758: Mr. RYAN of Ohio and Mr. IGGINS C OLLUM H. Con. Res. 172: Mr. MCNULTY, Mr. OWENS, GRIJALVA. H.R. 1736: Mr. H , Ms. M C of Minnesota, and Mr. REICHERT. Mr. BERMAN, Mr. RANGEL, and Mrs. MCCAR- H.R. 759: Mr. HINCHEY, Mr. SERRANO, Mr. H.R. 1749: Mr. LAHOOD and Mr. ETHERIDGE. THY. RANGEL, Mr. FATTAH, Mr. CLAY, Ms. LEE, Mr. H. Res. 15: Mr. COOPER, Mr. WAMP, Mr. WEINER, and Mr. BISHOP of New York. H.R. 1792: Mr. CLYBURN, Mr. CUMMINGS, Mr. DAVIS of Illinois, and Mr. PASCRELL. FORD, Mr. JENKINS, Mr. TANNER, Mr. DAVIS of H.R. 791: Mrs. MALONEY, and Ms. WATSON. Tennessee, Mr. GORDON, Mr. MCINTYRE, Mr. H.R. 1793: Mr. SPRATT. H.R. 801: Mr. BOUCHER. ORTIZ, and Mr. JEFFERSON. H.R. 1850: Mr. WAXMAN. H.R. 809: Mr. HENSARLING, Mr. PRICE of H. Res. 67: Mr. SABO. Georgia, Mr. MCKEON, Mr. DOOLITTLE, and H.R. 1951: Mr. REYES, Mr. BARTLETT of Maryland, and Mr. PETERSON of Minnesota. H. Res. 166: Mr. MEEHAN, Mr. KIRK, Mr. Mr. REICHERT. PAYNE, Mr. CONYERS, Mr. KILDEE, Mr. TOWNS, H.R. 2012: Ms. SCHAKOWSKY. H.R. 822: Mr. LEWIS of Georgia and Mr. Mrs. LOWEY, Mr. MARIO DIAZ-BALART of Flor- CONYERS. H.R. 2061: Mrs. MUSGRAVE, Mrs. DRAKE, Mr. ida, Mr. ANDREWS, Mr. BERMAN, and Mr. H.R. 827: Mr. ROTHMAN. LATHAM, Mr. TIAHRT, Mr. BOREN, Mr. MACK, HOLT. Mr. ENGLISH of Pennsylvania, and Mr. H.R. 846: Mrs. CAPPS. H. Res. 215: Mr. MARCHANT. BOUSTANY. H.R. 881: Mr. BISHOP of New York. H. Res. 220: Mr. COSTA, Mr. CASE, Mr. JOHN- H.R. 2123: Ms. ROS-LEHTINEN. H.R. 910: Mr. WELLER, Mr. RYUN of Kansas, SON of Illinois, Mr. OTTER, Mrs. DAVIS of H.R. 2188: Mr. CUMMINGS. Mr. REYES, and Mr. RAHALL. California, and Mr. PICKERING. H.R. 2207: Mr. JEFFERSON and Mr. CONYERS. H.R. 916: Mr. STRICKLAND, Mr. FITZPATRICK H. Res. 289: Mr. MCNULTY, Mr. OLVER, Mr. of Pennsylvania, and Mr. NADLER. H.R. 2216: Mrs. MUSGRAVE. BISHOP of Georgia, Mr. ABERCROMBIE, Mr. H.R. 920: Mr. JONES of North Carolina, Mr. H.R. 2230: Mr. CAMP. CASE, Mr. SHIMKUS, Ms. ZOE LOFGREN of Cali- LATHAM, and Mr. FRANKS of Arizona. H.R. 2233: Mr. MENENDEZ, Mr. MCDERMOTT, fornia, Mr. LAHOOD, and Mrs. DAVIS of Cali- H.R. 923: Mr. SOUDER. and Mr. WEXLER. fornia. H.R. 947: Mr. MILLER of Florida and Mr. H.R. 2234: Mr. TOM DAVIS of Virginia and H. Res. 318: Mr. FEENEY. JEFFERSON. Mr. ENGLISH of Pennsylvania. H. Res. 323: Mr. VAN HOLLEN, Mr. SOUDER, H.R. 953: Mr. BRADY of Pennsylvania. H.R. 2317: Mr. ANDREWS, Mr. GRIJALVA, Mr. Mr. MOORE of Kansas, Mr. WELDON of Penn- HASTINGS of Florida, Mr. JACKSON of Illinois, H.R. 972: Mr. GRIJALVA. sylvania, Mr. BOSWELL, and Mr. OWENS. Mr. MEEKS of New York, Ms. MILLENDER- H.R. 997: Mr. FEENEY. MCDONALD, Mr. PAYNE, Mr. ROTHMAN, Ms. f H.R. 1002: Mr. LAHOOD, Mr. BACA, and Mr. LORETTA SANCHEZ of California, and Ms. WA- PETITIONS, ETC. MOORE of Kansas. TERS. H.R. 1059: Mr. LYNCH. H.R. 2327: Mr. KENNEDY of Rhode Island and Under clause 3 of rule XII, H.R. 1078: Ms. SCHAKOWSKY. Mr. CARNAHAN. 22. The SPEAKER presented a petition of H.R. 1106: Mr. BRADY of Pennsylvania and H.R. 2328: Ms. HERSETH. the Committee on European Affairs, Hun- Mr. STUPAK. H.R. 2335: Mr. ALEXANDER, Mr. WEXLER, garian Parliament, relative to a Declaration H.R. 1149: Mr. SOUDER. Mr. FALEOMAVAEGA, and Mr. ROGERS of Ken- regarding the imprisonment of medical staff H.R. 1155: Ms. BERKLEY. tucky. in Libya; which was referred to the Com- mittee on International Relations. H.R. 1157: Mr. THOMPSON of California. H.R. 2389: Mr. JINDAL. H.R. 1186: Mr. CANNON. H.R. 2418: Mr. DAVIS of Illinois, Mr. f H.R. 1199: Mr. PASTOR. FEENEY, Mr. BRADY of Pennsylvania, Ms. ZOE LOFGREN of California, Mr. CROWLEY, Mr. AMENDMENTS H.R. 1204: Mr. HIGGINS, Mr. DAVIS of Ten- JOHNSON of Illinois, Mr. SCHIFF, and Mrs. nessee, Ms. BERKLEY, and Mr. WATT. Under clause 8 of rule XVIII, pro- BLACKBURN. H.R. 1214: Mr. LARSEN of Washington. posed amendments were submitted as H.R. 2429: Mr. ISRAEL, Mr. PASTOR, and Mr. H.R. 1216: Mr. HIGGINS. follows: RUSH. H.R. 1219: Mr. PRICE of Georgia. H.R. 2863 H.R. 2474: Mr. BURTON of Indiana and Mr. H.R. 1288: Mr. HOEKSTRA, Mr. RENZI, Mr. ISSA. OFFERED BY: MR. DEAL OF GEORGIA PEARCE, Mr. FLAKE, Mr. HAYWORTH, Mr. GIB- H.R. 2521: Mr. PUTNAM, Mr. PAYNE, and Ms. AMENDMENT NO. 12: At the end of the bill BONS, Mr. BISHOP of Utah, and Mr. ENGLISH of NORTON. (before the short title), insert the following: Pennsylvania. H.R. 2533: Mr. SKELTON, Mr. MCHUGH, and H.R. 1295: Mr. BACA. TITLE X—ADDITIONAL GENERAL Mr. HINOJOSA. PROVISIONS H.R. 1306: Mr. BUYER, Mr. SAXTON, and Mr. H.R. 2562: Mr. SABO. PICKERING. SEC. 10001. None of the funds made avail- H.R. 2574: Mr. BLUNT. H.R. 1313: Mr. GOODE, Ms. SCHWARTZ of able in this Act may be used for the Defense H.R. 2616: Ms. LINDA T. SA´ NCHEZ of Cali- Pennsylvania, and Mr. MARCHANT. Prisoner of War/Missing Personnel Office of fornia. the Department of Defense until the Sec- H.R. 1316: Mr. CARTER, Mr. BURTON of Indi- H.R. 2629: Mr. BRADY of Pennsylvania. retary of Defense submits to Congress a re- ana, and Mr. WILSON of South Carolina. H.R. 2648: Mr. SOUDER and Mr. FOLEY. port assessing the level of cooperation and H.R. 1322: Mr. KENNEDY of Rhode Island. H.R. 2692: Mr. ALLEN. interaction of that Office with the National H.R. 1402: Mr. MICHAUD, Mr. FORD, and Mr. League of Families of American Prisoners BRADY of Pennsylvania. H.R. 2694: Mr. SCHIFF. and Missing in Southeast Asia and The H.R. 1417: Mr. MACK. H.R. 2722: Mr. DOYLE. Chosin Few (the organization of Korea/Cold H.R. 1424: Mr. LEACH. H.R. 2794: Mrs. CUBIN, Ms. HERSETH, and War Families) and the members of those or- Mr. MCNULTY. H.R. 1431: Ms. ZOE LOFGREN of California. ganizations, particularly with respect to H.R. 2804: Mr. BASS and Mr. ROGERS of H.R. 1438: Ms. GINNY BROWN-WAITE of Flor- compliance with chapter 76 of title 10, United ida. Michigan. States Code, and other applicable provisions H.R. 2830: Mr. SHAW and Mr. SESSIONS. of law. H.R. 1471: Mr. BASS. H.R. 2834: Mr. COOPER. H.R. 1494: Mr. BOSWELL, Mr. WELDON of H.R. 2863 H.R. 2877: Mr. OWENS. Pennsylvania, Mr. BOEHLERT, Mr. BISHOP of OFFERED BY: MS. JACKSON-LEE OF TEXAS Georgia, Mr. RYAN of Ohio, Ms. BORDALLO, H.R. 2895: Mr. STARK. AMENDMENT NO. 13: Page 29, line 17, after and Mr. UDALL of Colorado. H.R. 2899: Mrs. CUBIN. the dollar amount, insert the following: ‘‘(re- H.R. 1510: Mr. DAVIS of Kentucky. H.R. 2927: Mr. CARNAHAN. duced by $500,000,000)’’. H.R. 1517: Mrs. JO ANN DAVIS of Virginia, H.J. Res. 53: Mr. LUCAS, Mr. HEFLEY, Mr. Page 102, line 24, after the dollar amount, Mr. HAYWORTH, and Mrs. Drake. CAMP, and Mr. EHLERS. insert the following: ‘‘(increased by H.R. 1526: Mr. NADLER and Ms. WOOLSEY. H. Con. Res. 40: Ms. HERSETH. $500,000,000)’’. H.R. 1540: Mr. ADERHOLT. H. Con. Res. 55: Mr. COBLE, Mr. ALEXANDER, Page 112, line 4, after the dollar amount, H.R. 1548: Mrs. JONES of Ohio, Mr. LEACH, Mr. OWENS, Mr. CONAWAY, and Mr. SALAZAR. insert the following: ‘‘(increased by and Mr. FORD. H. Con. Res. 71: Mr. DAVIS of Illinois. $500,000,000)’’. 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, THURSDAY, JUNE 16, 2005 No. 80 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING and a message for the community in called to order by the Honorable JOHN PRESIDENT PRO TEMPORE Linden, NJ, and much more broadly E. SUNUNU, a Senator from the State of The PRESIDING OFFICER. The across New Jersey and Pennsylvania. New Hampshire. clerk will please read a communication He is truly a unique and wonderful in- The PRESIDING OFFICER. Today’s to the Senate from the President pro dividual. We welcome him. prayer will be offered by our guest tempore (Mr. STEVENS). I am truly honored to call Dr. Chaplain, the Reverend Dr. Therman E. The legislative clerk read the fol- Therman Evans my friend. Evans of Morning Star Community lowing letter: I yield the floor. Christian Center in Linden, NJ. Mr. DOMENICI. Mr. President, I sug- U.S. SENATE, PRESIDENT PRO TEMPORE, gest the absence of a quorum. PRAYER Washington, DC, June 16, 2005. The ACTING PRESIDENT pro tem- The guest Chaplain offered the fol- To the Senate: pore. The clerk will call the roll. lowing prayer: Under the provisions of rule I, paragraph 3, The legislative clerk proceeded to Let us pray. of the Standing Rules of the Senate, I hereby call the roll. God, You are the one who created the appoint the Honorable JOHN E. SUNUNU, a Mr. REID. Mr. President, I ask unan- Senator from the State of New Hampshire, universe. You are the one who estab- imous consent that the order for the to perform the duties of the Chair. quorum call be rescinded. lished the life-sustaining ecological TED STEVENS, order of nature and the life being bio- President pro tempore. The ACTING PRESIDENT pro tem- logical order of humans. You are the pore. Without objection, it is so or- Mr. SUNUNU thereupon assumed the dered. one who provides for all—the Sun, the Chair as Acting President pro tempore. soil, the atmosphere, the water, and f f the nourishment that results there- RECOGNITION OF MINORITY from. And for all of this we say, RECOGNITION OF THE ACTING LEADER ‘‘Thank You.’’ MAJORITY LEADER You save us from destruction. You The ACTING PRESIDENT pro tem- support us through difficulty. You sus- The ACTING PRESIDENT pro tem- pore. The minority leader is recog- tain us to meet challenges. You pore. The Senator from New Mexico is nized. recognized. strengthen us where we are weak. You f steady us when we are shaky. You Mr. DOMENICI. Mr. President, I yield to the Senator from New Jersey LESSENING DEPENDENCE ON shake us when we need to be awakened. FOREIGN OIL You stimulate us when we need to be to speak for a moment at this time. active. And for all of this we say, The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, first, I rise ‘‘Thank You.’’ pore. The Senator from New Jersey is to express my appreciation to Senator Bless now, in a special way and in- recognized. CANTWELL for the issue she has brought spire as never before, these our polit- f before the Senate. I am so convinced that the 40 percent can be met in 20 ical leaders. Give them Your wisdom, THE GUEST CHAPLAIN Your peace, Your humility, Your kind- years. When President Kennedy said, ness, Your love, Your righteousness, Mr. CORZINE. Mr. President, I thank We need to go to the Moon, he did not and Your faith as they continue to do the distinguished Senator from New set a formula how we would get to the the work they have been called to do. Mexico for this courtesy. Moon, but we got to the Moon. When And for this opportunity You have I am extraordinarily proud to have we were in the depths of our Depression given them to bless this wonderful Na- the friendship, the moral support, and in 1932, President Roosevelt said, We tion, we say, ‘‘Thank You and amen.’’ the leadership of Dr. Therman Evans, need to get out of this. We went a num- who opened our session today with a ber of steps forward, some steps back, f prayer. This is an individual who is a but we were able to work our way out PLEDGE OF ALLEGIANCE true man for all seasons—a physician, of the Great Depression. The Honorable JOHN E. SUNUNU led a minister, an entrepreneur, a chief of Senator CANTWELL’s amendment is the Pledge of Allegiance, as follows: a village in Ghana—an extraordinary visionary. I really do believe that we I pledge allegiance to the Flag of the man who is leading his flock and minis- can do this. I know there are people United States of America, and to the Repub- tering in a ministry of wholeness, one concerned, well, does this mean CAFE lic for which it stands, one nation under God, that deals with the complete aspect of standards? Does this mean we are indivisible, with liberty and justice for all. a human being’s life and sets a tone going to go totally to biomass? Are we

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

S6669

.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6670 CONGRESSIONAL RECORD — SENATE June 16, 2005 going to do it all with alternative en- formation about two very important But we have learned since the war ergy? I do not know, but the great ge- issues that bear directly on John that the administration’s own investi- nius of America can figure out a way to Bolton’s fitness to represent this great gator concluded Iraq did not possess ei- do this. country in the United Nations. I know ther the stockpiles or the means of de- We need to lessen our dependence on what a fishing expedition is. A fishing livery. Just as importantly, there are a foreign oil. There is no question about expedition is, for example, in the law series of unanswered questions about that. Fifty-eight percent of the oil we when one does a deposition or sends in- whether senior officials in this admin- use comes from foreign countries. Lis- terrogatories and they have no idea istration dramatically and inten- tening to the news this morning, the what the answers are going to be, they tionally hyped this threat to justify stock market just moved a little bit have no idea what information they are their desire to invade Iraq. So one can yesterday. Why did it not move more? really seeking to obtain, they hope see why we believe it is no small mat- Because the price of oil went up almost something will turn up. That is not the ter for us to learn whether Mr. Bolton a dollar a barrel. We have to do better case here because we have given two was a party to other efforts to hype in- than that. The only way we can do it is important areas where we want infor- telligence. to lessen our dependence on foreign oil. mation: Did Mr. Bolton attempt to ex- Let’s be clear about what is hap- Unless we have a directive of this aggerate what Congress and the Amer- pening in Washington and the Senate. President and Presidents that follow ican people would be told about Syria’s We have a White House that continues him to meet this goal, we will continue alleged weapons of mass destruction to drive an agenda—some say it is a to be dependent on foreign oil. capabilities? Secondly, did Mr. Bolton radical agenda—determined to consoli- So I am totally impressed with the use or maybe perhaps misuse highly date power and abuse it when nec- Senator from Washington and the classified intelligence intercepts to spy essary to push its unpopular policies. great work she has done on this amend- on bureaucratic rivals who disagreed This disagreement over the Bolton ment. I hope it passes by a large mar- with his views or for other inappro- nomination is not about partisan poli- gin. priate purposes? tics, ideology, or even reform at the At the time I made those remarks, United Nations. It is about whether we f sadly, the administration and Senate permit this administration yet again FUNERAL OF FORMER SENATOR Republicans had taken the position for to walk roughshod over the Constitu- EXON the past month or more that nothing tion. Mr. REID. Mr. President, the time I needed to be provided to the Senate on Our duty as Senators is to ensure either of these issues, nothing. Last have is leader time, and I wanted to that our country is represented by evening, the chairman of the Intel- say a few things. I was not here yester- qualified and, yes, ethical individuals. ligence Committee, my friend, Senator day afternoon because of the funeral of Instead of joining the Senate to protect ROBERTS, came to the floor to an- Senator Exon. I say to my colleagues, and respect the Constitution, the ad- nounce that he had attempted, ‘‘one those of us who went to that funeral ministration has decided to pick a last good-faith effort to alleviate Sen- were so impressed with what this man fight with large rhetoric and negative ate Democrats’ concerns.’’ did for the State of Nebraska. For the attacks as it consecrates its power and These questions were not directed to first time in the history of Nebraska, a continues its secretive approach to funeral was held in the State capitol. a member of the Intelligence Com- mittee or to a member of the Armed governing. Why? Because Jim Exon made a dif- Instead of joining us in a bipartisan Services Committee. These questions ference in the State of Nebraska. I am conversation to reform Social Secu- that we have asked were directed to sure all 100 Senators, as I have, ask are rity, the administration pursues a the White House, to this administra- we making a difference in what hap- risky privatization scheme that will tion. pens in our States, in our country. The Let us take a look, though, at Sen- slash benefits and threaten our econ- lesson we can look to is Jim Exon, a ator ROBERTS’ efforts. First, it com- omy with massive new debt. Public man with not a great education by pletely ignored one of the two issues on support for this privatization scheme is modern-day standards but a person which we are seeking further clarifica- around the 20-percent mark. who by modern-day standards, or any tion; namely, whether Bolton at- This administration has also acqui- standard, had a great heart and a great tempted to exaggerate what Congress esced to its radical rightwing base and mind and was able to do wonderful and the American people would be told supported the intrusion of the Federal work for the State and for the country. about Syria’s alleged weapons of mass Government into the private lives of His family expressed so many warm destruction capabilities. families. feelings about their father and grand- I remind my colleagues, this is no Just as troubling as all of this might father. Bob Kerrey gave one of the small matter. All over the news the be, when the administration fails to most moving eulogies that has ever last 2 days has been concerns about get what they want, they rev up the been given. I am sorry I was not here weapons of mass destruction by virtue negative attack machine and set up the yesterday, but for those of us who went of the memo that was discovered in slash and burn, and I can say that is to that funeral—Senator BEN NELSON, England. Concerns about this adminis- certainly true. Senator HAGEL, Senator BINGAMAN, tration hyping intelligence and Great This pattern could not be clearer, Senator LEVIN, Senator AKAKA—it was Britain hyping intelligence cannot be and the American people are joining us so worth our time. dismissed lightly. to say enough is enough. For months f U.S. troops are fighting in Iraq today now we have been talking about re- largely because this administration forming Washington and focusing on JOHN BOLTON NOMINATION told the Congress and the American the issues that affect the lives of the Mr. REID. Mr. President, I rise to re- people that Iraq not only possessed American people. We have been trying spond to a statement that was made stockpiles of weapons of mass destruc- to do that as Democrats. Our work on yesterday. I want to provide an update tion but was also capable of using them the Energy bill this week is an example on the status of the Bolton nomina- against us and our allies. of what can be done with bipartisan tion. As I said yesterday, and I say U.S. troops are fighting in Iraq work. We have a bipartisan bill that we now, we on this side of the aisle have today. In the last 48 hours, 11 American hope to continue to improve. been clear and consistent on our posi- soldiers have been killed. During that Senator DOMENICI and Senator BINGA- tion on this matter. If the administra- same period of time, I do not know the MAN have been exemplary in the work tion works in good faith to give the exact count, but well over 100 Iraqis that they have done. We want to im- Senate the information it requires, have been killed. During that same 48- prove the bill. That is what legislation Senate Democrats are ready imme- hour period, I do not know how many is all about. Americans are tired of get- diately to give this nomination a vote. American soldiers have been grievously ting caught in the crossfire of partisan We are not going on a fishing expedi- injured. I have no idea how many Iraqis sniping. So let us continue to join in a tion in this instance. Democrats are have been paralyzed, blinded, or lost commonsense center and do the work seeking clearly defined and specific in- limbs. It is serious. the American people sent us to do.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6671 I end as I began. If this administra- The ACTING PRESIDENT pro tem- idea how much time you will use, or tion, like previous administrations, re- pore. The Senator from New Mexico. others. spects requests of the Senate, we will Mr. DOMENICI. The time has come Mr. DURBIN. Maybe I could make an immediately move to grant Bolton an to move back to this bill. I want to say alternative suggestion to the chair- up-or-down vote. I stand by that pledge to Senators it happens frequently, man. I will speak until I receive a sig- today as I did more than a month ago. when things are going well, that no- nal from him that he wants to speak Mr. DOMENICI. Mr. President, I ask body is very interested in moving for any reason. that I be permitted to speak 1 minute along. So we have to push you along by Mr. DOMENICI. If you are so gen- as in morning business. making sure Senators, or their staffs, erous, I will listen and when I think I The ACTING PRESIDENT pro tem- understand this has to be a day where am tired of listening to you, I will put pore. Without objection, it is so or- we get rid of three or four amend- up my hand. dered. ments, including a couple of very im- Mr. DURBIN. It will then be a very short speech, I am sure. f portant ones that are here for the Sen- ate to consider. Mr. DOMENICI. I have no objection. PRISONER TREATMENT There is a pending amendment Sen- Mr. DURBIN. I hate to live under that standard, but I will proceed never- Mr. DOMENICI. Mr. President, I lis- ator CANTWELL has before us. We are theless, at my peril, to discuss this bill. tened with great attention to the mi- trying right now to work out a unani- This 800-page bill is our energy bill. nority leader. I want to state to the mous consent agreement whereby we We have been working on it for years. Senate, as I listened I had one question will move off that amendment and No one has worked harder than the that went through my mind. I am in no have a time for a vote. Then we will Senator from New Mexico. This Repub- way—I have not been studying Guanta- move onto an amendment—we are lican Senator has joined with the namo, in terms of hearings and the thinking that will be an amendment by Democratic Senator from New Mexico, like. But some of our leading officials, Senator BINGAMAN—with a time agree- Senator BINGAMAN, and they have pro- in whom I have great confidence—the ment, somewhere around 3 hours equal- duced a bill which in many respects is generals who speak, the Vice Presi- ly divided. We will share that with Sen- a good bill. If this bill were presented dent—are asking the question, What ator BINGAMAN and others. to me today to vote on, I would vote would we do with those people, those Then there is a third amendment for it because I think there are so prisoners? from our side of the aisle which, for the many positives here. It not only is I guess it would be interesting for sake of naming it, we will call the good in itself, it is certainly good in those who are very concerned about DeWine amendment. It is not nec- comparison to what the House has pro- the issue to think with us a minute. essarily the name, but he is one of the duced. The House of Representatives What about the other side? What do Senators. We know he has an amend- has produced a grab bag of incentives they do with their prisoners? They ment. We hope we can lock that in to and benefits to energy producers that don’t have any problems, right? They follow after the Bingaman amendment. doesn’t get to the heart of the ques- kill them. We have been watching that. We will agree on the time. Then the tion: What is the best energy policy for They hold them as hostages, tell the DeWine amendment will have a certain America, for our children and grand- whole world about it, and then the next amount of time after which it will be children? What is the long-term view of day they say cut off their heads. That ready for a vote. America, when it comes to energy? is how they get rid of people who they I am thinking with some degree of Senator DORGAN of North Dakota think are an impediment to what they certainty we will have three votes. asked a question of the administration want to do, those who are fighting That will take us into the evening. We when they came to testify on this bill. their cause. will have this pending amendment, the He said, You look forward 30 or 40 years We don’t have that luxury. We pick Bingaman amendment, that he con- on Social Security and say we have to up these combatants and what do we do siders very important on the mandate be prepared. What are you prepared to with them? What are we going to do for renewables across the land, and say will be our energy policy in 30 or 40 with them, I ask rhetorically. We sure- then we will have a DeWine amend- years? What should we be aiming for? ly are not going to do what they are ment that has to do with the oil cartel. I am waiting for those who are put- The simple answer was they couldn’t doing. We have to do something with ting these numbers together to come answer it. They had no long-term en- them and it is not an easy solution. here because Senators have to be con- ergy policy. There is one thing we Who wants them? Will we put them out sulted. know will happen, unless we change and say go home and then they will be If people wonder why this takes a lit- course from where we are today. Each out there killing our men again? tle bit of time, let me explain. We are and every day of every month of every It is a very serious proposition, in agreeing to something, but people in year for at least the next 20 years, we terms of the United States of America the Senate have to agree. So we are will become more dependent on foreign having a difficult problem here. checking with them now. The only oil. Today, 58 percent of the oil con- I understand my time has elapsed. other way we could do it, you see, for sumed in the United States comes from f those who wonder where they are, we overseas. That number has grown dra- RESERVATION OF LEADER TIME could have all Senators down here and matically. In 1973, that number was 28 say, Do you agree with this or that? percent. So in 32 years we have more The ACTING PRESIDENT pro tem- But we can’t do that, so we have this than doubled our dependence on foreign pore. Under the previous order, the little time interval where we ask the oil. We all need it: to fuel our cars, leadership time is reserved. Senate be put into a quorum call and trucks, businesses—the economy of f that is what I was going to ask right America. So the obvious question is, Is now. this something that should concern us? ENERGY POLICY ACT OF 2005 The PRESIDING OFFICER. The Sen- I think it is clear on its face it should. The ACTING PRESIDENT pro tem- ator from Illinois. As we become increasingly dependent pore. Under the previous order, the Mr. DURBIN. Mr. President, I would on Saudi Arabia, the OPEC cartel, Iraq, Senate will resume consideration of like to speak to the pending amend- Iran, Libya, and so many other coun- H.R. 6, which the clerk will report. ment, the Cantwell amendment, if it is tries for our oil sources, frankly, we The legislative clerk read as follows: appropriate, unless the chairman has are surrendering some of our freedom A bill (H.R. 6) to ensure jobs for our future some other business he wants to raise and control of our own future. If we with secure, affordable and reliable energy. at this point? lessen our dependence on their foreign Pending: Mr. DOMENICI. I would ask the Sen- oil, it strengthens our economy. Less Cantwell amendment No. 784, to improve ator, if he would, give me a little bit of money is going overseas to buy oil. the energy security of the United States and time before he does that and let me see More money goes into the United reduce United States dependence on foreign if we can have a unanimous consent States. There is less dependence on oil imports by 40 percent by 2025. agreement locked in so we have some what happens.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6672 CONGRESSIONAL RECORD — SENATE June 16, 2005 Saudi Arabia is a country we ought I personally believe we should do understand we need more efficient ve- to take a close look at because we de- something about the fuel efficiency of hicles, more use of alternative fuels pend on it so much. Saudi Arabia is a the vehicles we drive. Do you know it such as ethanol and biodiesel, and we royalty. It is a kingdom. It is a govern- has been 20 years since we held Detroit need to be looking for ways to reduce ment which, on any given day, we are responsible for reducing the amount of the waste of fuel, such as the one in- either embracing because they provide fuel that you consume to travel a mile cluded in this bill, and I commend the us with oil or admonishing because in America? For 20 years we have Senator from New Mexico on this. The they are doing things as a matter of stepped out of the picture, and what provision in your bill which relates to policy that are inconsistent with has happened in the meantime? The the idling of diesel trucks is a great American values. How much longer do fuel efficiency of vehicles in America provision. All of these are sensible we want to be joined at the hip with has gone down, down, down. People moves in the right direction. If they Saudi Arabia? How much longer do we drive these Hummers. Have you ever are, why isn’t this administration sup- want to wait for these sheiks and seen them? I personally think if you porting it? Why don’t we have a good, princes to decide how much oil they want to drive a Hummer, you ought to strong bipartisan vote not only for that will release from their country and di- join the Army. People want them and provision but for the Cantwell provi- rectly impact the cost of gasoline in get 5 or 6 miles a gallon and Detroit sion, as well? America? keeps churning out these big, heavy Let us accept the challenge. Let us I think the answer is very clear. The cars. not view that as a negative alternative sooner we move toward independence, From my point of view, we ought to that America just cannot do it. We can. the more secure America is, the less step back as a nation and say, isn’t it We have proven it in the past. We can dependent we are on Saudi Arabia and worth something for us to have more come together and pass this bill on a other countries. The pending amend- fuel-efficient vehicles so we don’t get bipartisan basis. ment by Senator CANTWELL of Wash- drawn into foreign conflicts over oil? It I thank the Senator from New Mex- ington sets a goal for America. I think is more important to me to drive a sen- ico. I am greatly rewarded by his pa- it is a goal that can be reached by peo- sible car and to spare someone’s son or tience in allowing me to speak a full 10 ple of good faith on both sides of the daughter from serving in the military or 15 minutes without boiling his bile aisle who are prepared to accept the or whatever might have occurred. challenge. in the Middle East in a war. That is not Here is the challenge: Can we, over a great sacrifice on my part. And it is I yield the floor and hope we are the next 20 years, reduce our depend- certainly a great reward, when we have moving toward a vote. Mr. DOMENICI. We are grateful. We ence on foreign oil by 40 percent? It is fewer and fewer times when we are en- will have a unanimous consent to take a challenge. It is not as great a chal- tangled in this Middle East problem lenge as putting a man on the Moon, that continues today over our sources care of today. Let me just say briefly, if I were but America did that. It may not be as of oil. President of the United States—which great a challenge as the Manhattan I happen to believe this is a good bill. obviously is beyond the realm of possi- Project, when President Franklin Roo- It can be improved and the Cantwell bility—I would be opposed to this sevelt said develop an atomic bomb amendment improves it. There is one that will end World War II, but we did provision, only one in 800 pages, which amendment. It is not as if it does noth- that. I am confident, with the cre- talks about better fuel efficiency in ing to the President. It says, Mr. Presi- ativity and ingenuity of America, we America—or at least reduces our de- dent, whoever you are—and it obvi- can meet this challenge—40-percent re- pendence. Let me be more specific: re- ously will not be this one—tell us how, duction in dependence on foreign oil ducing our dependence on foreign oil. give us a plan, tell us how you will re- over the next 20 years. That is the There was a provision that was passed duce America’s consumption of crude pending amendment. by the Senate the last time we debated oil by 40 percent by a year certain. You would think most Senators this bill, 99 to 1. It was overwhelmingly What President would like to do would say: Fine, let’s accept the chal- supported. It said, over the next 10 that? What President would think that lenge. Let America rise to this chal- years we will reduce our dependence on is a worthwhile effort if he would have lenge and meet it. But sadly, if you lis- foreign oil by 1 million barrels a day. to send up some kind of plan at which ten to the debate, primarily from the That is a good step in the right direc- the whole world would laugh? Our cars other side of the aisle, that is not what tion. The Cantwell amendment takes would have to be the size of golf carts we hear. We hear, instead: Oh, this is us a little further and I think is better or we would have to make a break- too big a challenge for America. We overall, but I support what is in the through in the next 10 years, which we can’t do that. The technology isn’t bill. Do you know, 2 days ago President have been working on for 40 or 50 years, there. We would have to change the Bush and his White House sent us their and we have not made it yet. cars we are driving. We would have to evaluation of this bill and said if that The very ones talking about it do not challenge Detroit and automobile man- provision is included in the bill, the want to even get the oil from ANWR. ufacturers to build more fuel-efficient President will veto it. That is a million of what they are ask- vehicles. They say that is impossible, The President will veto it if we em- ing for, and it surely would be here by America cannot meet that challenge, bark on a policy of reducing our de- the time their resolution talks about and they oppose the pending amend- pendence on oil by 1 million barrels a it. What if the President, whoever it is, ment. day over the next 10 years? What are says: Let’s go to ANWR and get a mil- I would say from my point of view they thinking? How can we be any lion. Guess what they would say: De- this should be a bipartisan challenge safer as a nation more dependent on stroying the world, getting rid of the we all accept. There are people who foreign oil? Should not we be accepting environment. But a nice little resolu- love their SUVs. I understand that. But this challenge? Why is the Bush White tion, nice little bill saying we have a I think we can say to Detroit, you can, House walking away from it? solution to this. We will just be a John and we know you can, produce a fuel- Senator DOMENICI, myself, virtually F. Kennedy and say our goal is to some efficient vehicle that is safe and meets every other Senator, agreed to put this way, somehow, cut America’s consump- the needs of America, our families and provision in the bill last time. I think tion of crude oil from overseas by 40 our businesses. But to continue to it is a good provision this time. Yet the percent, when it has been going up build cars larger and heavier, that get Bush White House is opposed to it. every year with everything we are try- fewer and fewer miles per gallon, is to There is only a certain amount of oil ing to do. increase our dependence on oil, par- we can drill for around America and In this bill, we are trying what is ticularly foreign oil, and our addiction around the areas we control to meet real. We are challenging all of the tech- to this source of energy. I think we can our needs. The total world oil supply in nocrats, the technologists, the sci- do better. I think the amendment of- the control of the United States is entists. We are telling them: Here are fered by Senator CANTWELL of Wash- about 3 percent. Yet we use 25 percent resources, find solutions. What super- ington does establish that challenge for of the oil that is consumed each day. If entity would we create in this country us. we are going to be realistic, we have to and say: Here you are. You are on top

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6673 of all this. You prepare this plan. You pay for them. The distinguished occu- the portfolio standard and pass it on to give it to the President so he can give pant of the Chair knows in agriculture the House as part of the Senate action. it to the people. To what end? What you authorize programs, but you do not Now we have the opportunity to would it do? A 40-percent reduction re- expect the appropriations to do exactly renew our support for this proposal to duces our consumption by 7.2 million what you say. You say: This is a pro- place it in this bill where we can, hope- barrels. We cannot even get anyone to gram we would like you to think fully, get broad bipartisan support and vote to let America produce 1 million about. That is what this bill does in get it to the President’s desk. barrels now. If that 1 million would terms of authorization. Overall, it is a There are good reasons for the strong come off 7.2 million barrels, we would very good bill. support that we have seen in the Sen- still be a huge way away. Is the proposed unanimous consent ate. A strong renewable portfolio Do not misunderstand, this issue is agreement satisfactory? standard is an essential component of an American issue of high consequence. Mr. BINGAMAN. Yes. any comprehensive national energy America is doing everything it can. We Mr. DOMENICI. I ask unanimous policy—not just an important part of did not used to. That is why it is so consent the Cantwell amendment be such a strategy but an essential com- hard now. We let it get away from us. temporarily set aside, Senator BINGA- ponent. It will not come back under control MAN be recognized in order to offer an The benefits are clear and they are with a gaudy, impossible resolution amendment regarding RPS; provided many. Let me cite the major benefits: that will sound like somebody has a further there be 3 hours of debate This provision would reduce our de- plan. equally divided in the usual form and pendence on traditional, polluting I have attempted just to tell the Sen- that following the use or yielding back sources of electricity. It would reduce ate the truth. I have attempted to offer of time, the Senate proceed to a vote in our dependence on foreign energy an amendment to this and just up the relation to the amendment and that no sources. It would reduce the growing ante and say if we can do 7.2 million, second-degree amendments be in order pressure on natural gas as a fuel for why don’t we do 8.2 or 9.2, and put it in to the amendment prior to the vote. the generation of electricity. It would there and say we will vote on a bigger The PRESIDING OFFICER. Without reduce the price of natural gas. It one. Then I thought, maybe I ought to objection, it is so ordered. would create new jobs. It would make a be what I have tried to be on this bill Mr. DOMENICI. I yield the floor. start on reducing greenhouse gas emis- all along, honest and forthright, and as The PRESIDING OFFICER. The Sen- sions. It would increase our energy se- best I could explain to the Senate, we ator from New Mexico. curity and enhance the reliability of have to do everything we can, with AMENDMENT NO. 791 the electricity grid. imagination, with vigor, with cer- (Purpose: To establish a renewable portfolio The renewable portfolio standard tainty, with resources, but the kind of standard) that we are offering—and I have var- things we know we can do, that we Mr. BINGAMAN. Mr. President, I ious cosponsors—and I hope we have know we put our shoulders to it and we send an amendment to the desk and additional cosponsors before this work hard. ask for its immediate consideration. amendment is dealt with—Senator We are finally coming to the point The PRESIDING OFFICER. The COLEMAN, Senator JEFFORDS, Senator where Americans do believe it is a big clerk will report. COLLINS, Senator DORGAN, Senator problem. I don’t think they are blam- The assistant legislative clerk read CANTWELL, Senator FEINSTEIN, Senator ing people anymore. It used to be we as follows: REID, Senator SALAZAR. I believe many called the big oil companies up, swear The Senator from New Mexico [Mr. BINGA- other Members in the Senate strongly them in under oath—I don’t know if MAN], for himself, Mr. COLEMAN, Mr. JEF- support this effort. the Senator remembers the day we FORDS, Ms. COLLINS, Mr. DORGAN, Ms. FEIN- The RPS we have offered is a flexible called them up here and had them STEIN, Ms. CANTWELL, Mr. REID, and Mr. and market-driven approach to achiev- swear. We said: You are the problem; SALAZAR, proposes an amendment numbered ing the various goals I have mentioned you are why we are importing all this 791. at a negligible cost to consumers in oil. Mr. BINGAMAN. I ask unanimous this country. According to the Energy Remember those days? They told us consent that the reading of the amend- Information Administration, the everything they could. That hearing ment be dispensed with. amendment would result in over 350 went away. What happened? The next The PRESIDING OFFICER. Without billion kilowatt hours or 68,000 year we imported more oil and more objection, it is so ordered. megawatts of renewable generation be- oil. (The amendment is printed in today’s tween 2008 and 2025. That is enough It isn’t that the Senator doesn’t RECORD under ‘‘Text of Amendments.’’) power generation to supply 56 million think we should have an American Mr. BINGAMAN. Mr. President, this U.S. homes. The cost to consumers plan. What we have in this bill is an is a proposal that has been offered be- would be about .18 of a percent or less American plan. Senator BINGAMAN and fore in the Senate. This is a proposal than one-fifth of 1 percent increase in I and many others have worked hard to that was included in the comprehensive overall energy prices. put it together. Some people say it Energy bill we passed in the 107th Con- This proposal would require retail does not do enough as it is. I heard gress, again in the bill that was passed sellers of electricity that sell more some reporters yesterday commenting. in the 108th Congress. It sets a stand- than 4 million megawatt hours per I wondered what they were reading. ard referred to, generally, as a renew- year to provide 10 percent of that elec- They said: It doesn’t do anything for able portfolio standard. It is essen- tricity from renewable resources by the nuclear. It is the most far-reaching tially a requirement that those pro- year 2020. The requirement would be pronuclear set of proposals we will ducing electricity in the country ramped up in 3-year increments to have ever before us. The same com- produce 10 percent of that electricity allow for planning flexibility. The Sec- mentators said it cost too much that they sell by 2020 from renewable retary of Energy would be required to money. I don’t know where they got sources. develop a system of credits for renew- the numbers. We have not even spent The Senate has approved this propo- able generation that could be traded or in this bill. We were given a $2-billion sition again and again. As I indicated, sold; again, making the program easier reserve fund. We have not spent all of in the 107th Congress, we included such to comply with. Utilities could use ex- that yet. I shouldn’t have said that be- a portfolio standard as part of an En- isting renewable generation to comply cause everybody will be down here ergy bill. We had various votes in the with the program or they could comply wanting to spend it, but they have to Senate that affirmed the Senate’s de- with the program by buying credits go through us before they can spend it. termination that the standard should from someone else who is producing re- The tax portion is about like the not be weakened. In the 108th Congress, newable energy. New renewable pro- House portion. It is a pretty good bill. there was a letter signed by 53 Sen- ducers could receive the credits to It is not a spending bill. When you au- ators that went to the chairs of the trade or to sell. thorize programs, incidentally, you are conference on the Energy bill, H.R. 6. The cost of the program to the utili- not saying we are going to buy them or Senate conferees went on to approve ties would be capped by allowing the

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6674 CONGRESSIONAL RECORD — SENATE June 16, 2005 Secretary to sell credit at 1.5 cents per You can see the renewables number duced by 7.5 percent relative to the sta- kilowatt, adjusted for inflation. As down here. The renewables is next to tus quo. They are reduced by 249 mil- long as the difference between the cost the bottom line, and it is bumping lion metric tons. of the renewable generation is less along at less than 5 percent. It is down A number of other studies have found than 1.5 cents per kilowatt hour, the around 2 percent today. It will increase positive results, even to the point of re- utility could buy or generate renew- very modestly. ducing overall energy costs. Earlier ables. When it reaches or exceeds that This chart is a chart of how the En- this year we held a hearing in the En- price, obviously the cap would kick in, ergy Information Agency would expect ergy Committee on generation port- and it would become more cost effec- production to occur absent a renewable folios. Dr. Ryan Wiser of Lawrence- tive for the utility to go ahead and buy portfolio standard. What this amend- Berkeley National Laboratory pre- the credits. We also would create a pro- ment will try to do is increase some- sented a report that summarized the gram for the sale of the credits to fund what the amount of electricity we are results of some 15 studies of renewable State programs for the development of producing from renewables and, by portfolio standards much like the one renewables. doing so, decrease the amount of elec- we are offering today. All of these stud- Congress has tried before to spur the tricity we have to produce from nat- ies found that a portfolio standard development of renewables. In 1978, we ural gas. This is a way to keep down would reduce natural gas prices. passed the Public Utility Regulatory the increasing cost of natural gas, and Twelve of the 15 studies projected a net Policies Act, PURPA. That bill re- it is a way to keep down the increasing reduction in overall energy bills as a quired utilities to buy renewables if price of natural gas as well. result of the RPS. the generators could meet the avoided Let me talk about some of the criti- The Energy Information Agency re- cost of the utilities. Cogeneration— cism that has been made of this amend- port projected that the RPS would lead that is, the combined use of heat for in- ment and this approach. Critics of the to a 32-percent lower allowance cost for dustrial processes and for generation of proposal point to a number of concerns sulfur dioxide emissions. The cost is electricity—was also eligible. That pro- they have. The No. 1 criticism I have not great. So the argument we have gram resulted in a huge growth of co- heard is it costs too much; also, that heard that this is too expensive a prop- generation. Over half of the new gen- States are already requiring develop- osition I think does not hold water. eration that came online in the coun- ment of renewables; and, third, some Many have argued that States are try during the 1980s and 1990s was from areas do not have readily available re- implementing renewable portfolio that resource. newable resources. Those are the three standards and there is no need for a It did not, however, do much for re- Federal program. It is true that States newable generation. These tech- major criticisms we hear, so let me re- spond to each of those. have taken the lead in pushing for nologies have remained at about 2 per- more renewable generation. Eighteen cent of total electricity supply for dec- In response to the argument that it costs too much, I will point to a num- States currently have developed renew- ades now. In other words, PURPA did able requirements. Three more are not work to stimulate development of ber of studies of this proposal that soon to begin implementing renewable renewables as we had hoped it might. have been done over the last several requirements. Let me put up a chart to make the years. Almost all of these standards are point of this 2 percent figure to give In 2003, I asked the Energy Informa- more aggressive than the Federal people an idea of what we are dealing tion Agency at the Department of En- standard in the amendment I am pro- with today. ergy to look at the effect the standard This shows electricity generation by would have. They found our standard posing today. My home State of New fuel for the period of 1970 through 2025. would result in 350 billion kilowatt Mexico requires 10 percent of elec- Of course, some of that is anticipated. hours of new renewable generation be- tricity produced by utilities in that This is from the Energy Information tween 2008 and 2025. That would not State to be from renewable sources by Agency which is part of the adminis- happen absent the adoption of this pro- the year 2011—not 2020. Mr. President, tration. vision. They found the cost would be 2020 is what our amendment calls for. You can see that by far the largest minimal. The report indicated there But New Mexico says 2011. California percentage of the electricity we would be an increase in the cost of says 20 percent by 2017. Maine requires produce in this country is produced electricity of only one-tenth of a cent 30 percent by 2000; Minnesota, 19 per- from coal. That is the case today, in in 2025 over projected costs. When com- cent by 2015. 2005, as shown by this white line on the bined with the reduction in natural gas This will spur the growth of renew- chart. That has been the case ever prices that would be caused by the ables in these regions. There is one since 1970, and that will be the case in RPS, total aggregate cost to the con- thing, however, a State standard will the future. That is true regardless of sumer on that consumer’s energy bill not do. It will not drive a national whether this amendment is adopted or was projected to be less than one-twen- market for these technologies. If some is not adopted. tieth of 1 percent. States have renewable standards and The next source of power, the next I have asked the EIA to update this others do not, or if the technologies fuel for electricity generation is soon analysis with current conditions, and and requirements vary from State to to be—right now it is nuclear but it is we have their update. They have sent State, it is impossible for a national very soon to be natural gas. You can me a letter which I can put in the market to develop for renewable cred- see a green line there. It is probably a RECORD. Let me cite the most impor- its. little hard to see against that blue tant parts of it. It says: This credit trading system is the piece of our proposal that gives the background on the chart, but there is a Cumulative residential expenditures on green line which goes up pretty dra- electricity from 2005 through 2025 are $2.5 bil- greatest flexibility for compliance. A matically in the future. That is a con- lion lower while cumulative residential ex- credit trading system also helps to re- cern I know all of us who have looked penditures on natural gas are reduced by $2.9 duce the cost of compliance by allow- at this issue share. We see the price of billion, or 0.5 percent. Cumulative expendi- ing credits for lower cost renewables natural gas going up a significant de- tures for natural gas and electricity by all from one region to be bought by utili- gree, because we have more and more end-use sectors taken together would de- ties in another region. of our electricity being produced from crease by $22.6 billion. Some argue this is a cost shift from natural gas. That puts pressure on the Now, that is their current estimate the regions without renewable re- price of natural gas. People who are of what the effect of this provision sources to those with renewable re- buying natural gas to heat their homes would be. sources. I would argue it is a way to or their businesses see the cost of their The report also indicates the genera- spread the cost to all who are seeing utilities going up because of the in- tion of electricity from natural gas the benefits. If States do not have or creased pressure on that price of nat- would be 5 percent lower if we adopt choose not to develop renewable re- ural gas coming from the increased de- this RPS than it would be otherwise. It sources, they still realize the benefits mand for natural gas to produce elec- also projects that total electricity-sec- of lower natural gas prices, of lower tricity. tor carbon dioxide emissions are re- SO2 allowances, of lower cost carbon

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6675 reductions. It is only fair they share traditional fuels for electricity produc- folio standard will do is to set a long- the slight increase in cost for genera- tion. U.S. PIRG reports that building term path for how we want to proceed tion of electricity that has created 5,900 megawatts of renewable energy and would give utilities and those who these savings. capacity in California would lead to are involved in the generation of elec- The argument that many regions do 28,000 yearlong construction jobs and tricity a clear idea of what is to be ex- not have renewable generation re- 3,000 operations and maintenance jobs. pected from them as they go forward. sources has also been made. While it is Over 30 years, these new plants would This would have a beneficial effect on true that the best wind, geothermal, create 120,000 person hours of employ- the development of these technologies, and solar resources are concentrated in ment, four times as many person hours on bringing the cost of producing Western States, the entire country has as building 5,900 megawatts of natural power from renewable sources down, extensive biomass potential. We have gas capacity. and would bring us into line with many another chart I want to put up here for According to the AFL–CIO, an esti- of the more industrially advanced people to look at. mated 8,092 jobs would be created over countries in the world. As Maine and other States have a 10-year period for installation and op- This is a useful provision. It is one shown, paper production and agricul- erations and maintenance of wind that has bipartisan support in the Sen- tural processes are available every- power in Nevada, and another 19,000 ate and one we have had the good sense where. If Rhode Island, Pennsylvania, manufacturing jobs. to adopt in the previous two Con- New Jersey, and Maryland can imple- Support for this concept and this pro- gresses. I hope we will do that again ment aggressive standards, then other posal is strong throughout the country. this year. States can as well. Recent polls have shown that support. I yield the floor. This chart makes the case very A poll by Mellman Associates found The PRESIDING OFFICER. The Sen- strongly about where these renewable that 70 percent of those surveyed na- ator from New Mexico. energy resources are available. You can tionwide supported a 20-percent port- Mr. DOMENICI. Mr. President, I re- see that solar, of course, is available folio standard. We are not proposing mind the Senate that we have an hour everywhere but more prominently in that aggressive a standard. We are pro- and a half on our side. I am in control the Southwest. That is shown in the posing 10 percent by the year 2020, of the time. I am going to yield control upper right-hand part of this chart. which I pointed out is substantially of the time to the junior Senator from Wind resources are not available every- more modest than most of the States Tennessee. He will start and use as where but clearly are in many States, have embraced that have gone this much time as he wants. Then I will re- and particularly in the West and the route. These results held about the turn and use some. I have put the word Midwest. That is shown on the lower same in States as diverse as North Da- out, if anybody else would like to right-hand part of the chart. Geo- kota, Georgia, Missouri, and Arizona. speak in opposition to the Bingaman thermal resources are primarily con- Environmental groups from through- amendment. centrated in the West, but biomass and out the Nation, from the Sierra Club to With that understanding, I yield the biofuel resources are everywhere in the the Natural Resources Defense Council, floor and thank the Senator from Ten- country, and are particularly con- from industrial associations to the re- nessee. centrated in the eastern part of the newable trade groups and utilities, The PRESIDING OFFICER (Mr. EN- country. So as these technologies de- have all supported the RPS. SIGN). The Senator from Tennessee. velop, as the markets for these tech- We are trying in this bill to imple- Mr. ALEXANDER. Mr. President, I nologies develop, there is an ability to ment a policy to develop an energy fu- thank the Senator from New Mexico. produce energy from renewable sources ture for the Nation that would rely on While both Senators from New Mexico everywhere. our own resources, creating energy se- are in the Chamber, all of us appreciate The environmental benefits are clear. curity for the country; that would pro- the way they have brought this ex- The renewable portfolio standard vide for cleaner air and water; that tremely important bill together. We would result, according to the Energy would begin to reduce our emissions of know there are a handful of tough Information Agency, in a 3.6-percent carbon dioxide into the air; and that issues about which we disagree. reduction in carbon emissions in the would drive our economy to greater Through their leadership, we have a year 2025. This is a reduction of 31 mil- heights. This portfolio standard is a consensus on what is well on its way to lion tons in that year alone. That re- low-cost, effective, market-driven way being an American Clean Energy Act duction is the equivalent to planting to accomplish these goals. for 2005, something that will dramati- 27.5 million acres of trees, an area Let me put up one other chart before cally transform the way we conserve about the size of Pennsylvania. And I yield the floor. energy, produce energy, and will help this is in one single year. There is a chart we have that shows us keep our jobs and be more competi- The RPS also benefits the economy the production-added capacity of wind tive in the world marketplace. That is by driving job growth. According to the energy which I wanted to reference. It our goal. Union of Concerned Scientists, wind is entitled ‘‘Annual Installed Capac- I also believe it will lower natural turbine construction alone would re- ity.’’ gas prices. And I thank the chairman sult in 43,000 new jobs per year on aver- One of the arguments being made and ranking member for their con- age. An additional 11,200 cumulative against this legislation is, through the tributions. long-term jobs would result from the Tax Code, we are already providing in- At the end of our committee markup, subsequent operations and mainte- centives for utilities to do this. There- during which the vote was 21 to 1, there nance of these renewable facilities. fore, something like this is not re- were compliments thrown all around. The Regional Economics Applica- quired. Senator BINGAMAN said he couldn’t re- tions Laboratory for the Environ- The truth is, we have had incentives member a party-line vote in all the mental Law and Policy Center found in the Tax Code. Our history of success votes that we had, that we were voting that 68,400 jobs and $6.7 billion in eco- at getting additional installed capacity based upon our own individual views nomic output are a result of renewable through that device has been ex- and our regional differences. Senator energy; wind power creates 22 direct tremely mixed. We have a tax provi- CANTWELL said it was not only a clean and indirect construction and manufac- sion for a year, and then we let it ex- energy bill, but it was a clean process. turing jobs for each megawatt of in- pire. Installation drops off dramati- But that doesn’t mean that when we stalled capacity; wind power creates cally. We have a tax provision put back disagree, we shouldn’t disagree. And we one operation and maintenance job for in place. The installation of capacity have differences of opinion. That is every 10 megawatts of installed capac- goes up. We let it expire. Unfortu- what the Senate is for. ity. nately, that has been the history in While I respect the other side for A study by the State of Wisconsin this Congress. what is a high-sounding idea, the idea found that increased use of renewable I would like to say it is going to be of a renewable portfolio standard, I be- energy sources would create three different in the future, but I am not lieve there is a better way to spend times as many jobs as increased use of persuaded. What the renewable port- these billions of dollars than the way

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6676 CONGRESSIONAL RECORD — SENATE June 16, 2005 suggested by Senator BINGAMAN, if our the fact that 17 or 18 States are already rowly. Wind is one, giant windmills. real goal is to create an adequate sup- defining renewable energy sources in Geothermal is another. That is hot ply of low-cost, reliable American-pro- their own ways and already trying to water coming out of the ground to heat duced energy. meet them and already giving them in- your home. Hydropower is one, but we It is always important to start from centives, we decided we would decide exclude hydropower except for very the proposition that this is a big coun- that better. We would decide that from limited new hydropower in this bill. try and a massive economy. We use 25 Washington, DC. Solar is another, using the sun. And percent of all the energy in the world, While I am not sure about this, at biomass, putting grass and/or other and we spend about $2,500 a year per least in earlier versions of the pro- things into coal plants and burning person to produce that. So when we put posal, in a number of cases the credit them is yet another. up a windmill that only blows 20 or 30 you got for what you were doing ac- Today, all of those renewable fuels or 40 percent of the time, it doesn’t cording to your State renewable port- produce a little over 2 percent of the matter much in terms of what we do. folio standard doesn’t count towards electricity. Since the 1970s and 1980s, When we build a new nuclear power your national renewable portfolio we tried very hard to encourage more. plant, which we haven’t done since the standard. I can remember President Carter 20 1970s, it matters a lot. A windmill I don’t think I want to go home and years ago setting a goal of 20 percent of would be one of 6,700, but that power say to the people of Tennessee that solar energy. In 1992, the wind devel- plant would be only 1 of 1,300 or 1,400 what I did about the growth of China opers said: We can make wind elec- power plants we have in the country. and India and the threat to their jobs tricity out of wind, just give us a little So it takes quite a bit to affect our en- and what I did about high gasoline bit of money to help get started, and ergy policy. prices and natural gas prices, what I then we will be off on our own. That There are three reasons I hope my did about blackouts was to add $18 bil- was 1992. colleagues will vote against the renew- lion to their electric rates, to give a Billions and billions of dollars later, able portfolio standard. The first rea- big subsidy to windmill developers, and wind is still not very much because son is that it is an $18 billion tax. It is to put an unfunded mandate on top of that is not the best way to produce car- a new $18 billion rate increase on the what States ought to be doing for bon-free electricity for an economy of electric ratepayers of America. The themselves. this size, to compound the problem by second reason is it is an increase in There are better ways, if our goal is putting new taxes and new subsidies on subsidy for a number of people, espe- to produce low-carbon or carbon-free the American people at a time when we cially wind developers who already in- electricity, which is what this debate is are supposed to be talking about lower clude a huge subsidy of a couple billion really all about. This debate is moti- prices. I haven’t heard anybody say: I dollars over the next 5 years, which the vated by those who feel most strongly want higher natural gas prices. I want Finance Committee has recommended about global warming and about low- to pay a higher electric bill. we increase to $3.3 billion over the next carbon and carbon-free electricity. We are talking about higher prices, 5 years just for giant windmills. Three, There is a better way to do that, par- 18 billion new dollars on your electric if not technically, it is at least in the ticularly if we have $18 billion. I want rates. And for what? To build tens of spirit of an unfunded Federal mandate, to talk about that a little more as we thousands of windmills and to spend the kind of thing that a lot of us were go along. nearly $11 billion producing what will elected to stop, the idea of coming up The Senator from New Mexico, as he end up being one-fifth of 1 percent of with a big idea here in Washington and always does, gave a very careful and all of the electricity that we will imposing it on the rest of the country well-reasoned explanation of his points produce. That would be the solar elec- and then sending them the bill. of view. His proposal is a little dif- tricity. I was thinking about this: We are all ferent from his proposal made in 2003. I I am all for solar power. I have an going to be going home in a couple of want to go through why I said what I amendment for solar power with Sen- weeks, having debated the Energy bill said and make sure my point of view is ator JOHNSON that we introduced as and hopefully having passed it, feeling understood. part of the Natural Gas Price Reduc- good about it. Our constituents are Let me begin with the idea of the $18 tion Act. It would spend $380 million going to ask: What did you do about billion. I didn’t just pull that out of the over the next 5 years for businesses and high gasoline prices? What did you do air. This is a letter from the Depart- homeowners who want to use solar about high natural gas prices? What ment of Energy in Washington dated power. It would help that industry get did you do about the possibility of June 15, 2005, to Senator BINGAMAN. He started and see if it could go on its own blackouts so my computer wouldn’t quoted some of it. It talks about a without huge higher costs. But this is work and so I wouldn’t be safe in my number of things. It does talk about nearly $11 billion for solar power to home? What did you do about the fact some places where in the whole econ- produce one-fifth of 1 percent of all the that China and India and other parts of omy there might be some reductions in electricity in the United States. the world are buying up oil reserves expenditures as a result of the RPS After solar, tens of thousands of and growing their economies and cre- based on their monitoring. But it also these windmills is the other major ex- ating constant pressure on the price of says the following: penditure along with biomass. So what we are talking about to begin with is oil? What did you do about that, Sen- From 2005 to 2025, the RPS has a cumu- ator, while you were in Washington lative total cost to the electric power sector wind and biomass and solar and landfill over the last couple of weeks? of about $18 billion. . . . This cost includes gas and geothermal, and trying to take I wonder if what we really want to $700 million in payments to the Government that from 2 percent up to 10 percent. say to our friends who elected us when for compliance credits once the price cap is To do that, we are going to put an $18 we go back to Tennessee or Nevada or reached and $10.7 billion in payments to own- billion tax increase on. New Mexico is: ers of customer-sited photovoltaics that are Now, let’s go to the second objection I raised your taxes $18 billion. I put a eligible for triple credits. I have. That is the size of the subsidy new $18 billion charge on your electric In other words, we are going to spend and the people to whom the subsidy is bill. That is the first thing I did. The $11 billion in payments for solar power. going. I have been doing a little inves- second thing I did was I gave an in- Let me start by talking about what tigating. It is hard to get these num- creased subsidy to people who were al- we mean when we say renewable en- bers down, to try to see how much ready getting a lot of money. Windmill ergy. Some people get confused about money we are spending for this kind of developers are making $2 billion over ethanol, renewable fuel, and renewable fuel, so I could see if we could better the next 5 years just to put up these energy. We are not talking about eth- spend it some other way. I have noticed giant windmills. We gave them another anol. We are only talking about renew- that we are spending about 1 percent of subsidy on top of that. And then the able energy, making electricity. There our—we have something called the re- third thing I did was, since we all get are only a handful of ways to do that newable electricity production tax smarter when we go to Washington on that make much difference. Senator credit. So far, it has been really a tax the airplanes, we decided that despite BINGAMAN has defined those very nar- credit for windmills because solar

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6677 hasn’t had the chance to take advan- payers $18 billion to build tens of thou- next 5 years to build these gigantic tage of it. It pays you 1.8 cents for sands of windmills and, as good as solar windmills, which mars the landscape every kilowatt hour of wind power that power is, to spend $11 billion on solar and only work 20 or 40 percent of the you produce. power, which will produce one-fifth of 1 time. The only reason they are being Now, wind has become—according to percent of all of the electricity we need built is because of these huge sub- many of the utilities who buy and sell in this country—I don’t believe, re- sidized incentives. wind power—a fairly competitive prod- spectfully, it is the best way to spend I predict that if legislation like this uct where the wind blows. Of course, our money. passes and we go from 6,700 to 45,000 of where it doesn’t blow, no amount of The third point is this about the these big windmills, you are going to subsidy will help it. So we have already States, and the Senator from New Mex- have an uprising in every State of peo- committed $2 billion in our Tax Code ico mentioned about what the States ple who don’t want to see them and over the next 5 years to subsidize wind are doing. Someone said, ‘‘Senator wonder why we are taking $18 billion producers. And the Finance Com- ALEXANDER hasn’t gotten over being away from their electric bills and sub- mittee, yesterday, said they want to Governor.’’ Maybe, in a way, I hope I sidizing things like this. add a billion to that. The Finance Com- never do because I don’t think you Third, I trust the States. Nineteen of mittee also said they not only want to automatically get smarter when you the States have an RPS, plus the Dis- subsidize the production of the kilo- fly to Washington, DC. I know the Pre- trict of Columbia. These are the green watt hours of power, they want to loan siding Officer goes home almost every ones on the chart, where you see more money so developers can build these weekend. You gain a lot of wisdom capacity for renewable fuel. If you put giant windmills. while you are at home, and not here. a 10-percent standard on Louisiana or Some people may think I am talking To the extent that it is a good idea for Arkansas or Florida or Tennessee or about your grandmother’s windmill out electric utilities to begin to use a vari- Virginia, and we cannot meet that by the well somewhere pumping the ety of different renewable sources, I standard, what do we do? Our utility water. submit that they are already doing it. just writes a check to the Government I will have to make one correction in They are working hard on it. The Gov- under the RPS. It is a new tax, it is a trying to describe these. I have said ernor of California made a major ad- new rate increase, and that is not the only one will fit into the second largest dress the other day about the use of kind of thing we ought to be doing. football stadium in America in Ten- solar power in California. What should we be doing? Let me go nessee. The Senator from Pennsyl- There are 19 States, plus the District back to my first chart, and then I will vania, Mr. SANTORUM, reminded me of Columbia, that have some form of conclude my remarks. I like the direc- that Penn State is larger than the Uni- RPS today. They have all sorts of dif- tion of our bill as it is. You see, I think versity of Tennessee, and I stand cor- ferent approaches to this. Iowa met its what our bill, as written, does—and it rected on that. But even at Penn State, standard in 1999. Connecticut increased hasn’t been widely noted, and the Sen- and even at the University of Michi- its standard in 2003. Texas has a well- ator mentioned this a while ago—it gan, which is the largest, or the Uni- regarded standard. would transform the way we produce versity of Tennessee, which is third They use different definitions of re- electricity in the United States. If we largest, just one of these windmills will newable sources of energy. Maine de- really want carbon-free air, if we want fit in the stadium. The rotor blades ex- fines renewable to include pulp and to meet the Kyoto standards, stop the tend from the 10-yard line to the 10- paper waste and black liquor. Pennsyl- global warming that people are con- yard line, and it rises twice as high as vania has a clean energy portfolio cerned about, you are not going to do the skyboxes, and you can see the red standard that includes waste coal. Con- it by building tens of thousands of lights from 20 miles away on a clear necticut includes fuel cells. The West- windmills and spending $11 billion on night. These usually come in groups of ern Governors Association includes solar panels. 10, 20, or 30 windmills. clean coal. Here is how you will do it: conserva- This proposal would have the effect I have a number of examples of how, tion and efficiency. The Domenici- of increasing the number of these gi- under Senator BINGAMAN’s 2003 pro- Bingaman bill that is here already gantic windmills from about 6,700, posal, which I have studied since his would save us from building 45 500- which we have in America today, to new proposal came just today, which I megawatt gas plants just because of 45,000. That is the estimate of the En- have not studied as closely, but there appliance standards. The hybrid car in- ergy Information Administration. Each were a number of cases where the cred- centives coming from the Finance of these produces about 1 megawatt of its at the local utilities would be re- Committee will encourage the buying power—or to be accurate, is rated to ceived under their State plans, but of 300,000 hybrid cars, resulting in more produce about 1 megawatt of power. they would not be allowed under the efficiency, less carbon in the air, and The wind only blows 20 to 40 percent of Federal plan. So we would be saying in encouraging our auto industry to the time, so it only produces about a Washington, DC, we see that in 19 transform, as many of us hope they third of a megawatt of power. Also, you States you have this idea of more re- will do. If we do that, we should spend have to take into account the fact that newable energy, but we are going to do another $750 million, not on windmills, since these often are built in remote that ourselves. We are going to pre- but on giving tax incentives to auto places or on top of scenic ridges, then empt the field, we are going to set the plants in the United States that retool you would build large transmission rules, we are going to define it, and we to be able to produce hybrid cars. If we lines through backyards to carry the are going to spend $18 billion our way give incentives to buy those cars, we electricity to places. And you have to instead of your way. I think that is un- want them to be built in Tennessee, take into account the fact that you wise, Mr. President. Michigan, or elsewhere in this country, cannot close down your coal plant and So the three arguments that I make not in Yokohama. If we spend a new nuclear plant and your natural gas against the Senator’s amendment are $750 million for that purpose, which is plant when you put up windmills be- these: a recommendation of the National cause people don’t want to shut off One, it is an $18 billion new tax on Commission on Energy Policy, it will their computers, stop working, or turn ratepayers to build tens of thousands help to create 39,000 new automobile off their lights. They have to have of windmills and to spend $11 billion on jobs in the United States. their electricity all of the time, and solar power, which would produce one- Senator FEINSTEIN and Senator you don’t store power from wind in fifth of 1 percent of all of the elec- SNOWE have a proposal for energy-effi- these amounts to use later. tricity we need by 2025. That is not the cient appliances and buildings. The So the idea that the United States of wisest use of money, and I don’t think cost, over 5 years, is $2 billion. Some of America would look to the future to that is what we want to say to our con- that is in the legislation. But more keep its jobs and competition with stituents when we go home. could be spent on it to great effect. Japan, with China, and with India—our Second, it adds an unneeded subsidy, Coal gasification powerplants. We have country that uses 25 percent of all the especially to wind developers, who we talked about nuclear, so I will go to energy in the world—by taxing its rate- are giving $2 billion already over the nuclear; $2 billion for deployment of

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6678 CONGRESSIONAL RECORD — SENATE June 16, 2005 advanced nuclear power plants. Mr. Mr. DOMENICI. Mr. President, I re- of S. 1262 are printed in today’s RECORD President, if we want carbon-free air, ceived notice that our Republican lead- under ‘‘Statements on Introduced Bills we know how to get it. We get it from er wishes to speak, he said, at 11:15. and Joint Resolutions.’’) nuclear power. Twenty percent of all of I want to make an observation and The PRESIDING OFFICER. Who our electricity in this massive econ- see if the Senator from Tennessee will yields time? omy of ours that uses 25 percent of the answer it. The Senator from New Mexico. energy in the world is from nuclear The Senator from Tennessee went Mr. BINGAMAN. Mr. President, I will power today. through all these other ways we could take a very few minutes to respond to So why would we subsidize windmills go about cleaning up our air and reduc- some of the points that the Senator and solar panels instead of spending $2 ing the carbon emissions. What strikes from Tennessee was making. We are billion on advanced nuclear power me is, let’s assume we are going to do back on the amendment that I have of- plants? France does it. They are 80 per- all those things, because I think we fered for purposes of debate. cent nuclear. Japan has one new nu- are. I remind the Senator, however, I ask unanimous consent that Sen- clear plant a year. We have not started that the $2 billion in there on nuclear— ator OBAMA be added as a cosponsor to one since the 1970s, although we have we should all understand, we can the Bingaman amendment. dozens of Navy ships docking at our produce nuclear powerplants before The PRESIDING OFFICER. Without ports around the country with nuclear that ever happens. That is fourth gen- objection, it is so ordered. reactors that have never had a prob- eration. That is getting ready for hy- Mr. BINGAMAN. The first point I lem. So $2 billion for advanced deploy- drogen. That is not charged to this, nor would make, in response to the com- ment of nuclear power. is it going to apply. ments of the Senator and my colleague Right behind that, waiting in line— Nonetheless, take all the rest. Let’s from Tennessee, who has contributed and I know both Senators from New assume we are doing them. The inter- greatly to the development of this Mexico agree with this—is coal gasifi- esting thing about this amendment is, overall Energy bill and whose contribu- cation in powerplants, along with car- if we were doing them and saving car- tion has been very substantial and I bon recapture and sequestration tech- bon emissions, we do not get any credit very much respect his views, obviously nologies. If this could work, this would for that; am I right? We still are going we are in disagreement on this issue, back up nuclear power and produce the to have this 10-percent mandate for re- and I will explain some of the reasons large amounts of low-carbon or carbon- newables. So let’s assume a State 4 or why. First, much of what he said related free energy that not only we need in 5 years from now opens a nuclear pow- to big windmills and the fact that this, the United States but that the world erplant. That is as clean as wind, is it in his view, is essentially a program needs. If we do it here, they will do it not? It is terrific from the standpoint that would cause the establishment of there. If we don’t do it, they will not, of emissions, but we still have to do more big windmills. He pointed out the and they will produce so much pollu- the 10 percent, right, the way this ap- tion and junk in the air that it won’t reasons why that was unwise. proach is; is that correct? This amendment is technology neu- matter what we do because the air will Mr. ALEXANDER. Yes, that is cor- blow around on top of us. tral. We have been very specific about rect. this. We have said that qualifying re- I mentioned solar energy develop- Mr. DOMENICI. And in every respect, newables include wind, solar, ocean, ment. I think there should be a sub- a State will not get any credit for the geothermal, biomass, landfill gas, and stantial increase for solar energy de- fact they are doing all these things incremental hydro power. We have velopment. The production tax credit, that move in the direction we want be- tried to talk about all of the different since 1992, has done nothing for solar cause here sits this mandate that says renewables and make it clear we are power. It virtually all goes to wind. you do this anyway. not specifying which of these renew- But an appropriate amount of money Mr. ALEXANDER. That is my under- ables are used by particular utilities to would be, over 5 years, $380 million. standing. That is even more than the Finance Mr. DOMENICI. I think that is not meet this requirement. It would be up to them, and it would Committee recommended. Under the right, as I look at it. That confounds be up to them based on how the various RPS, we are talking about $11 billion me as to why that would be the case. technologies develop. In fact, many collected from increased rates and We are urging they do the others, but utilities have chosen to pursue wind spent to produce one-fifth of 1 percent in some cases, they are going to be generation because they have found of the electricity we need in 2025. mandated to spend this rather extraor- that that was the least costly way to Mr. President, I want low-carbon air. dinary amount. Once the credit is gone, produce energy from renewable I want to transform the way we incidentally, this kind of energy is sources. Clearly, advances are being produce electricity. But I also want going to be pretty expensive stuff. lower electric rates. The Tennessee Mr. ALEXANDER. That is true. In made in solar power, advances are Valley Authority just raised our rates the case of wind power, it was sug- being made in biomass, and in various 7 percent. That is a high rate increase. gested to the Senators in the early others of these technologies. The pur- That means there are some manufac- nineties, give us a wind power produc- pose of this legislation is to accelerate turing plants in Tennessee that are tion credit for a few years and then it that. There is a chart which my colleague going to think twice about whether the goes away. If it goes away and it costs from Tennessee put up indicating the jobs stay here or the jobs go some- more, the ratepayers will end up pay- other ways in which we are trying to where else. If we start putting new ing for that higher cost power. taxes and new rate increases on home- Mr. DOMENICI. The mandate does deal with our energy needs in this over- owners and manufacturing plants in not go away. Somebody has to produce all legislation and the other ways in Tennessee and around this country in it and it has to be charged. which we are trying to reduce emis- order to build tens of thousands of Mr. ALEXANDER. That is my under- sions into our atmosphere in this legis- windmills and this extent of solar standing. lation. I agree with all of that. We do power, we will not be taking the wisest Mr. DOMENICI. I yield the floor. have provisions in this legislation to course. THE PRESIDING OFFICER. The ma- encourage the development of this gas- I suggest we support the bill as it is jority leader is recognized. combined cycle technology and the use written, and to the extent we have dol- Mr. FRIST. Mr. President, I ask of that in our coal-fired powerplants. lars, let’s spend it on hybrid vehicles, unanimous consent that the Senator I will put up the chart that we had auto jobs, energy efficiency, coal gas- from New York and I be allowed to earlier that shows the different sources ification, modest, reasonable solar en- enter into a colloquy and that the time for our electricity generation as they ergy, carbon recapture research, ad- not be charged against the pending exist today and as the Energy Informa- vanced nuclear, and cogeneration amendment. tion Agency would expect them to projects. The PRESIDING OFFICER. Without exist in the year 2025. I yield the floor. objection, it is so ordered. You can see that by far the most sig- The PRESIDING OFFICER. The Sen- (The remarks of Mr. FRIST and Mrs. nificant source of our energy, our elec- ator from New Mexico. CLINTON pertaining to the introduction tricity generation in this country, is

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6679 coal. It has been in the past; it is ment, but it is certainly not the case in TON be added as a cosponsor. She is today; it is going to be in the future. what we are talking about here. In available to speak. The only question is to what extent States where there is a renewable port- Let me ask Senator DOMENICI, did does that number, that top line, go up. folio standard in place—and in almost you want to go back to your side to And, more importantly, to what extent more cases that is a much more aggres- speak now, or Senator CLINTON would do we see pressure put on natural gas sive and demanding requirement than like to speak on our side. as a source for electricity generation in anything we are contemplating here— The PRESIDING OFFICER. Without the future. clearly this standard would be met objection, the Senator will be added as But we have provisions in this bill without any difficulty. This is not an a cosponsor. that try to encourage the use of IGCC incremental standard above what the Mr. DOMENICI. Let me ask, Senator technology. That is very much in the State requires. This is an effort to re- CLINTON, are you on some kind of time- public interest and I very strongly sup- quire some effort to be made nation- sensitive schedule? If you are, I will let port that. wide and hopefully get us to a nation- you go. How long does the Senator wish We also have provisions in here to en- wide market and demand for these to speak? courage more use of nuclear power, Mrs. CLINTON. For 5 minutes. technologies that we are promoting as Mr. BINGAMAN. We will yield 5 min- more production of electricity from nu- part of this. clear power. You can see the nuclear utes to the Senator from New York. The other big point the Senator from The PRESIDING OFFICER. The Sen- line is largely flat coming from today, Tennessee was making is this $18 bil- ator from New York is recognized. 2005, out to 2025. It is my hope, just as lion cost. He is referring to this letter Mrs. CLINTON. Mr. President, I want it is the hope of Senator DOMENICI and from the EIA. It does say the cumu- to speak strongly in favor of Senator I am sure of many on our committee, lative cost to the electric power sector BINGAMAN’s renewable portfolio stand- you will see that line go up somewhat, is about $18 billion. ard amendment. This is a goal-setting as companies are able to see the bene- Three bullet points down in that amendment that gives us direction and fits that are provided in this legisla- same summary page, it says the cumu- impetus to do what we should be doing. tion and look at the cost comparisons, lative expenditure for natural gas and Requiring us to produce 10 percent of that they will choose to put more re- electricity by end-use sectors, taken our electricity from renewable energy sources into production of energy from together, decreases by $22.6 billion. sources in 15 years is something I think nuclear sources as well. That is very What it is saying is the effect would is necessary so we begin to change how much to be desired. be to decrease what they spend on nat- we do business, how we conserve, what But to accomplish our goals, our ural gas and electricity by $22.6 billion we invest in. This is a major step in the overall goals for this country and our at the same time there is the $18 bil- right direction. Although the critics overall goals for our energy legislation, lion to be shifted over in this area. So have raised some alarms about this we need to pursue all available re- clearly the whole idea behind this leg- amendment, numerous studies have sources. That is why I believe it is im- islation is that the people who are pro- demonstrated the efficiency and sav- portant we adopt this amendment, to ducing, the companies that are gener- ings that would flow from the adoption give that extra push for renewables. ating electricity in this country, will of this amendment. The chart from the Energy Information do less of that through use of natural Senator BINGAMAN has spoken at Agency projects very little increase in gas, will invest less in natural gas pro- great length about some of these stud- this line down here, this blue line for duction facilities, or generating facili- ies. The recent analysis conducted by renewables, without this renewable ties, and will invest more in these the Energy Information Agency, pro- portfolio standard in place. other areas. That is the purpose of it. vided some very strong support for I saw the map of the United States We believe that is a good public pur- what Senator BINGAMAN has proposed. the Senator from Tennessee put up, pose, a good purpose for us to be pro- In fact, it is the administration’s anal- showing the different States that are moting in this legislation. ysis that shows if we passed this na- doing this. All of that is taken into ac- The final point the Senator was mak- tional 10-percent renewable portfolio count by the Energy Information Agen- ing is this is an unnecessary cost to standard with a 2020 deadline on it, we cy. All of those State renewable port- consumers. That is not what I under- would save residential customers over folio standards are taken into account stand the EIA to be saying. The Energy $5 billion, we would lower natural gas in their determination that there will Information Agency says, in a quote prices by 6.8 percent, and that would still be only very modest, if any, in- out of their letter to me dated the 15th have enormous benefits for our chem- creases in the use of renewables over of June: ical, pharmaceutical, and other indus- the next 20 years. Cumulative residential expenditures on tries that rely on natural gas. It would What we are trying to do through electricity from 2005 to 2025 are $2.7 billion also reduce electric utility carbon di- this renewable portfolio standard is to lower, while cumulative residential expendi- oxide emissions by 7.5 percent. increase the contribution from renew- tures on natural gas are reduced by $2.9 bil- This does not even take into account ables somewhat. I am the first to admit lion. all of the benefits that I believe would we are not going to solve our energy That is if this amendment is adopted. flow from this amendment. When it problems with the use of renewables So the cumulative expenditures for comes to renewables, we in the United alone. We have to depend on nuclear natural gas and electricity by all end States need to catch up. We are behind power. We have to depend on clean coal users, taken together, will decrease by in this effort compared to other coun- technologies. We have to depend on $22.6 billion. It is saying, for this 20- tries and we need to spur innovation progress in all these areas. But the ef- year period we are talking about, if we and creativity. fect of this amendment I have offered adopt this amendment we will be sav- I also support Senator CANTWELL’s is to give some additional impetus to ing consumers. They, the people who amendment. This improves on a provi- use of renewables. are producing the electricity the con- sion in the bill that would require the Let me make a couple of other points sumers are buying, will, in fact, be President to develop a plan to save 1 which I think bear mentioning at the shifting resources to produce some ad- million barrels of oil per day by 2015. same time. I think the Senator from ditional increment of that electricity That is a laudable provision. Actually Tennessee suggested that—maybe not from these renewable sources rather it was approved by the Senate 99 to 1, the amendment that is currently be- than from natural gas plants as they 2 years ago. It is unfortunate the Presi- fore the Senate but an earlier version, otherwise would. But clearly there is a dent opposes this provision and has I believe he indicated, would say you savings here for the consumer, accord- even threatened to veto the Energy bill don’t get credit for what you do to ing to the Energy Information Agency, over it. At a time when oil and gas meet your State standard in order to and I think that is clearly to be desired prices are high, at a time when na- meet this national standard. Let me be and something we all are hoping will tional security interests clearly dictate clear. That is not the case. I don’t result from this legislation. that we reduce our dependence on for- think that has ever been the case in Before I yield the floor, let me ask eign oil, rather than rejecting this pro- any version I have seen of this amend- unanimous consent that Senator CLIN- vision, we need to go further than we

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6680 CONGRESSIONAL RECORD — SENATE June 16, 2005 went with the 99-to-1 vote, and that is the Senate about mandating a certain agree, but he understands that on 99 exactly what the Cantwell amendment kind of coal be used. The Senate got percent of this bill, we will fight for it does. It establishes an ambitious goal very excited and hot about it because and win and have an energy bill for the of reducing by 40 percent the amount of we were sort of drawing a line between first time that has a lot of good, solid oil the United States is projected to the States and creating a terrible kind things for the country. My good friend import in 2025. of chasm between the States, saying Senator BINGAMAN said that other Finally, we are a can-do nation. We these States are going to be the ‘‘have’’ States already have these goals. They can do this. This is something we States, these States are going to be the set their own requirements—not goals, should be committed to do. These are ‘‘have not’’ States. their own requirements. He used the goals. These are not enforceable stand- I admit that was a very serious prob- word that they have done so ‘‘aggres- ards, but they spur us, they raise our lem, for the clean coal was not going to sively.’’ aspirations, they help us to think more be used, in spite of it being clean, and I remind the Senator, and I think I clearly about what we need to do to the dirty coal was going to be used be- am correct, that those States do not protect our Nation’s economy and se- cause we were mandating it. So it was use the same formula for what will curity. in some ways similar, but it would make up their portfolio of renewables. I hope the President will relinquish have been billions upon billions of dol- I submit, if the Senator would like to his veto threat and that we will have lars in the development of resources, so amend his amendment and allow the strong bipartisan support on both the it truly would have divided the coun- myriad kinds of energy production Cantwell and Bingaman amendments. try. used in other States to meet their cur- The PRESIDING OFFICER. The Sen- This divides us in another way, in a rent goals or current mandates, that ator from New Mexico. way that I think is not necessary. Let would be a good bill. Mr. DOMENICI. Mr. President, how me say from the outset, for those who For instance, the State of Pennsyl- much time remains on each side? do not think the Bingaman amendment vania has a very aggressive plan. If you The PRESIDING OFFICER. There re- is the right way to go, they are not think ‘‘aggressive’’ means they have a main 58 minutes on the majority side coming to the floor in harmony, en very aggressive wind program that and 50 minutes on the minority side. masse, saying we do not like wind en- would meet the mandates of this Mr. DOMENICI. I want the Senate to ergy. amendment, that is not true. They are know on our side we do not intend to Some may, but there are many who using other technologies consistent use as much time as we have, unless think wind energy ought to be devel- with their resources, many of which other Senators want to speak. Senator oped and we ought to push the frontiers are related to products related to coal. ALEXANDER certainly wants some addi- of technology. But no one should think Whatever remains after they use coal tional time. that if we do not adopt the Bingaman is reused, and they produce a clean Senator BINGAMAN, I don’t know if amendment, we have a bill that is not source of energy that counts toward your side needs the whole amount. We going to push the development of re- their goal. are trying to get a unanimous consent newables. The bill is laden with incen- We think nuclear powerplants will be agreement shortly. tives to produce renewable energy. built in the future. It seems it would be As the Senator from New York leaves As a matter of fact, the tax-writing appropriate that a State might be the floor, let me say right at the offset, committee that will bring their bill given credit for that. We believe there the Bingaman amendment is not a here shortly, I understand almost all of will be very formidable advances in goal. If it were a goal, that would be their allocation of tax reductions, the converting coal not only into clean something different. It is a mandate. loss of tax revenues by way of credits coal but into coal that has the carbon There is a very big difference between or the like, almost all of it will be re- removed that will, indeed, qualify for a goal and a mandate. This says ex- newable. As a matter of fact, the very being as good for cleaning up with ref- actly what each State is compelled to major tax credit that, I might say, is erence to the gases we are worried do with reference to the kinds of ener- the principal reason wind is being de- about in global warming as solar. It gies that are described. When you boil veloped at all is extended for 2 years at may end up, and from what I under- it all down, it means ‘‘wind’’ for the a very large cost to the taxpayers— stand, even though it is new tech- time being. It means each State has to maybe $3 billion or thereabouts. nology, it might be cheaper than what have it. And if they do not, they have We are pursuing the development of we think wind energy will be. It seems to pay money to the Secretary of En- renewable energy led by wind, which at to me that is a more sensible approach. ergy or they have to buy wind-gen- this point is the principal one unless Provide a variety, a mix that would erated electricity from some other we consider hydro, and I don’t think we make up this 10 percent. State. are considering hydro in any of this de- But we should not be causing certain While I am on that subject, I would bate. It exists, and it has nothing to do States to pay a very big tax because like to put up one little chart. I would with what we are talking about. they cannot produce solar energy. No like to show this to the Senate. If you What I am suggesting, if the amend- one calls it a tax, but when someone look at this map, you can see the white ment does not pass, we have not aban- takes funds out of their consumers’ area, in particular the white area down doned an American approach to pur- pockets and gives them to some other here in the Southeast. The interesting suing the technology called renewables State, to some other utility in another thing is that the white area does not led by wind in these United States. State, if it looks like a duck and have any source of wind to meet this What we are trying to say is that one quacks like a duck, it is a duck. It standard. shoe should not fit every State. States seems to me that the easiest way to It is nice if you are not one of those that can’t do this because of the unfor- talk about this is that it is a tax. I States. But if you are one of them, it is tunate situation of nature—they do not don’t think, when we look at all of not very nice because you are sort of have the wherewithal to produce it, or that, this is the best way to do it. wind poor. The other States are wind if they had to produce it, they would I don’t say this in any way to belittle rich. Under this bill, the States that do produce it in places they would not those who have pursued this with not have that have to pay money, ei- want to produce it because it would not vigor, who think it is a very good ap- ther to the States that do produce it be consistent with another use of that proach. Senator BINGAMAN makes valid for their wind energy or they have to land that is paramount and has a pri- arguments. The Senator from Ten- pay money to the Secretary of Energy ority to the development of windmills, nessee, particularly in his way of get- who uses that for research and tech- such as right down the middle of a na- ting to the bottom of things and ar- nology development in the area of re- tional park. ticulating eloquently about what he newables and the like. Having said that, another point was has learned, has contributed im- We have been on the floor many made by my distinguished friend from mensely to learning just what this is times when we spoke about issues on New Mexico, Senator BINGAMAN, who all about. As a consequence, I am not coal. I remember when I was a very has been a tremendous partner in this at all sure as many people as thought young Senator, we had a big debate in bill. He knows on this issue we do not this is a wonderful idea 6 months ago,

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6681 if they listen and understand, I am not on my chart. That means they have to and due deference to States’ rights to so sure they would think this par- borrow from my friend, Senator BINGA- make decisions suited to best serve ticular way to get renewables, led by a MAN, an aggressive policy on renew- their citizens’ needs. renewable called wind, would be the ables. But it is not predicated upon the The proposed Federal Renewable best way to go. I compliment him for same requirements of this bill. It is not Portfolio Standard fails to recognize that. I am not at all sure enough peo- a huge 10-percent wind component. It is these principles. ple are listening if we judge by the at- made up of other things. States should definitely encourage tendance in the Senate—and I don’t If we look at each of these States in their electric utilities to offer retail think the people in America should do red and ask which States are meeting customers electricity from green en- that. Senators are listening even this goal in an aggressive manner, and ergy to the extent it is available and though they are not here. If we judge then come to the Senate floor and say encourage investment in renewable de- on that, of course we will not change how each State is doing it, and then velopment. Most importantly, States any minds. say, Why don’t we let any State that should be afforded the right to develop As I see it, there is good reason to wants to do it in all of these ways and their own RPS approaches without say: Look, we are doing enough right meet it—all we have said is if the State Federal interference. now with this enormous credit. Frank- is doing it, they get credit. That is States are best able to determine ap- ly, I will add to the credit, I will say what the sponsor says. But we have not propriate fuel types, societal costs, something that is beyond dispute. We said if they do it differently than this consumer protections, and require- have asked those who gauge and judge, in the future, they get credit, as I un- ments to meet Federal and State envi- How much wind energy can you derstand it. ronmental regulations. produce? What is the maximum that If we have another red State added the fabricators of these products, these up here—and I don’t think the red and Today, 19 States and the District of things you describe, Senator, that the blue of the last election has any- Columbia have their own RPS pro- someone is building, that we will pay thing to do with this map; we don’t grams. Others should be afforded the for—someone is making a lot of money have blue up there; we have red and same right to develop an RPS without on them right now because of the sub- white—but if we added more reds be- Federal interference. sidy. How much could we produce per fore we had this bill, it would not be all The proposed RPS amendment penal- year for the next 2 or 3 years? The an- wind or renewables as prescribed by izes those States that have already swer has come: You can’t produce any this bill. It would be whatever they acted to establish a renewable program more than the tax credit will cause you find meets their test of renewable en- by requiring them to replace their to produce. ergy. It seems to me that kind of flexi- State program with a new Federal pro- Let me put it another way: This bility would be much better. gram. mandate has nothing to do with maxi- What we have is an attempt to saddle This amendment rewards certain re- mizing the production of wind so long the industry and consumers with a gions at the expense of others. Solar as there is a credit. The credit is going hefty price tag to support a limited set has limited application east of the Mis- to produce it. In a sense, why do you of renewable resources. sissippi, wind almost no application in need both? One would say because of According to the Department of En- the southeast, and virtually all geo- the long-term nature of a mandate ergy, only 2.2 percent of total U.S. elec- thermal is located in the West. versus we have 2 years, maybe 3 years tricity generation in 2003 was com- We cannot ignore the reality that of credits. But in America, the way we prised of non-hydro renewable energy utilities in some regions cannot meet a ought to look at this, you subsidize the sources such as geothermal, photo- renewable mandate because they are technology so everyone involved can voltaic, solar thermal, biomass, munic- not blessed with ample renewable re- get with it and apply this ingenuity ipal solid waste and wind plants. This sources. called America and do it better. This is so despite years of government sub- To ignore this would be to require very large subsidy ought to surely get sidies and programs to encourage re- these to buy credits, forcing many con- us in position where we can produce newable energy. sumers to pay for power they never re- this wind—if that is what we want to Of this 2.2 percent total, 44 percent ceive, and would result in massive do—that we can produce it cheaper, so came from biomass generation (mostly interregional cash transfers. the incentive is relevant to the next 8 at industrial facilities), 26 percent Utilities that do not have access to or 10 years in that respect. came from municipal solid waste, 16 new renewable assets will wind up pay- We ought to do better. To some ex- percent from geothermal waste, 13 per- ing 1.5 cents per kilowatt hour and re- tent, having the 10 percent out there cent from wind, and 1 percent from ceive no power—their customers will and having the credit out there is a dis- solar technologies. pay a tax with no benefit and this incentive to maximizing innovation. The RPS focuses on that 2.2 percent could have significant costs to estab- What is the urgency? How are we sensi- of our generation, mandates an in- lishing competitive markets and to low tizing the marketplace to produce crease to 10 percent and essentially im- income consumers where such markets more efficient wind? When you give a poses a 1.5 cent per kilowatt hour tax do not exist. tax credit and put a mandate on it, it on an increasing percentage of each Each State should decide for itself seems to me whoever is doing it can sit year’s retail sales of electricity. and its own residents the optimal mix around and say: We have a nice thing If electric utilities do not build new of renewable and alternative energy going, we do not need to change, just renewable facilities and have to pur- sources. keep on. chase all their credits from the federal I thought the idea was to move tech- government to meet the RPS mandate, I certainly advocate state policy nology. It could be you are moving the total cost of the inflation-adjusted makers coordinating choices to maxi- other technology besides wind. But RPS proposal is an estimated $190.8 bil- mize regional efficiencies, but I do not there is a long way to go before you get lion in nominal dollars. support instituting a one-size-fits-all some of that solar onboard. I don’t That is a worst case scenario esti- national plan. think this will make that move in the mation, but we must consider that risk States have historically had control next 10 years unless there is a big when we are deciding whether this over the fuel choices and resource de- breakthrough that I don’t believe will gamble on renewable resource mandate velopment decisions. Past federal en- be caused by this mandate. is the right thing to do. This proposal deavors to meddle in fuel choice man- I have some other issues I was going is a gamble not worth taking. dates have resulted in disasters. to discuss. I will make a point about Mandating a Federal Renewable Any effort to legislate on Renewable States that are already doing some- Portfolio Standard is an ill advised Portfolio Standards requires due def- thing. I call to mind Pennsylvania. One means of achieving increased renew- erence to States’ rights to make deci- would not think of Pennsylvania as able resource use. sions suited to best serve their citizens’ being a State with a lot of wind, pro- Any effort to legislate on renewable needs. This amendment fails to provide ducing wind energy, yet they are in red generation requires realistic targets that deference.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6682 CONGRESSIONAL RECORD — SENATE June 16, 2005 Another problem with this RPS ber of the electricity title’s provisions contaminate our water, cause smog amendment is that it mandates an ar- are directed at accomplishing this and acid rain, and contribute to res- bitrary quota for some renewable en- goal. piratory illnesses. ergy resources without any justifica- Renewable energy should be encour- Third, a renewable electricity stand- tion as to why only a limited set of re- aged in a reasonable, effective manner. ard would enhance our energy inde- newable resources are included as eligi- To that end, there are already exten- pendence and our national security by ble. sive Federal and State subsidies in diversifying our energy supply. As we At a hearing held by the Energy place as well as tax credits that I sup- increase our reliance on natural gas, Committee in March 2005, Dr. Nogee port. much of the demand may have to be with the Union of Concerne Scientists We all support renewables—what we met by liquefied natural gas shipped to was asked a Question about the effect should not support is Federal command the United States from other coun- an RPM on production from wind and control of the market in the dis- tries. It is unthinkable that we should power. He explained that 2⁄3 of the RPS guise of help for renewables. Would sink to a greater reliance on foreign requirements would likely be met by Senator CRAIG desire to speak on this fuel imports when we have abundant, new wind generation. Mandating most- issue before we vote? inexhaustible renewable energy here. ly wind power when wind power is not Mr. CRAIG. I am happy to speak. Currently, renewable energy ac- mostly available around the country is Mr. DOMENICI. I yield to Senator counts for a little over 2 percent of poor public policy. CRAIG to manage time, and then when U.S. electricity generation. But the Some claim that an RPS would help he leaves, he will give that to the Sen- United States has the technical capac- address emission problems. I don’t ator from Tennessee. ity to generate 4.5 times its current think that the goal of this RPS amend- The PRESIDING OFFICER. The Sen- electricity needs from renewable en- ment is to help lower emissions at all. ator from New Mexico. ergy resources. The potential is there, If the RPS was truly a device to help Mr. BINGAMAN. Mr. President, I but we have to give it the assistance of lower emissions, why shouldn’t compa- yield 5 minutes to Senator JEFFORDS. market incentives, as we have tradi- nies receive credits for environmental The PRESIDING OFFICER. The Sen- tionally done for our more established improvement expenditures, like pollu- ator is recognized for 5 minutes. fuel sources. tion control equipment. The proposed Mr. JEFFORDS. I ask unanimous I urge my colleagues to again dem- amendment does not include such cred- consent to deliver my remarks from onstrate our strong commitment to re- newables and support the Bingaman it. my seat. If cleaner energy was truly the goal The PRESIDING OFFICER. Without amendment. Mr. President, I yield the floor. of the RPS amendment, why isn’t coal objection, it is so ordered. The PRESIDING OFFICER (Mr. GRA- gasification technology or nuclear Mr. JEFFORDS. Mr. President, today HAM). Who yields time? I speak on Senator BINGAMAN’s amend- power credited? The Senator from Idaho. The Energy Information Administra- ment to set a national goal to obtain 10 Mr. CRAIG. Mr. President, I yield tion has noted that an RPS will ‘‘have percent of our Nation’s electricity from myself such time as I may consume. little impact on sulfur dioxide, SO2 or renewable resources. I support this Mr. President, in speaking to the nitrogen oxide, NO2, emission levels.’’ idea. In fact, I have filed an amend- Bingaman amendment, I believe renew- If the goal of the RPS was to lower ment to go one step further—requiring able energy resources are an important emissions, then a broader array of our 20 percent renewables by the year 2020. part of our energy mix. I do not think renewable technologies—particularly America needs a national commit- any of us could argue they are not. I clean coal and nuclear—should have ment to encourage clean domestic also believe all consumers should have been included in the category of re- sources of renewable energy. I have the opportunity to purchase green sources. been in the Congress for 30 years. I power if they so choose. For similar reasons, I don’t think have seen the Nation make tremendous But I must tell you, I strongly oppose that the RPS can be legitimately justi- advances in areas ranging from medi- including a nationwide mandatory re- fied as a means to help diversify our cine to the Internet. I have even wit- newable portfolio standard in this En- fuel needs or reduce dependence on for- nessed the Red Sox win the World Se- ergy bill. Adoption of this amendment, eign resources. If that were the case, a ries. Yet the Nation literally remains in my opinion, would increase con- greater diversity of renewable re- dependent on many of the same power- sumer electrical bills at a time when sources should been included in the plants that operated when I first was we are trying to do just the opposite by category of resources. elected to Congress in 1974. the very legislation that is on the More effective and efficient solutions When I think of the next 30 years, I floor. This would have a particularly to this problem are available. In re- envision an America where clean do- negative consequence for those who sponse to concerns with over depend- mestic renewable energy sources are an can least afford it, such as the working ence on foreign resources, we should integral part of our Nation’s electricity poor and the elderly living on fixed in- focus our efforts on: generation. As the ranking member of comes. Nuclear power—which is one of our the Senate Committee on Environment For many regions of the country not cleanest fuel resources; and Public Works, obtaining 10 percent blessed with renewable energy wealth, Oil and natural gas from Alaska and of our country’s electricity from a re- or resources, this RPS mandate would other regions of the United States; newable energy represents the modest essentially result in a huge wealth Coal of which we have abundant re- end of what we could achieve. Let me transfer payment from consumers to serves; and offer three reasons I believe the Na- the Federal Government or to renew- New hydroelectric generation—which tion’s commitment to encourage re- able energy generators located in other have zero emissions. newable power is needed. areas of the country. In essence, if you If renewable resources are to become First, renewable power would help say to all States, you have to meet this a greater contributor to our power sec- consumers by reducing electricity standard, and you by your physical tor, then competitive market forces prices. According to data provided by presence on the globe cannot, you are should be allowed to operate. In order the Bush administration’s Energy De- not blessed with wind—and later on I to facilitate the necessary competi- partment, a renewables requirement will show this is dominantly for that tion, transmission must be available. would lower consumer energy costs by purpose—then you will pay the price. One of the barriers to entry for re- the year 2020. Adoption of this amendment would newable development is the lack of The second reason is the benefit to conflict with the RPS programs that transmission capacity to transmit elec- public health and the environment. A have already been adopted in the way tricity generated from remote areas renewables requirement would dra- that we like good energy policy to long distances. matically reduce carbon emissions evolve; that is, within the State and Before mandating fuel choice, we from powerplants. It would signifi- within the State structure. Twenty need to address the real need for im- cantly also reduce emissions of sulfur States already have developed renew- proved transmission capacity. A num- and nitrogen oxides. These pollutants able resource policies and implemented

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6683 timetables. This amendment ignores You would think, with that kind of tall prairie grass. I did not know that those States’ programs; in other words, glowing announcement, the environ- wind turbines would hurt prairie grass, it says: Oh, well, if it fits there, it fits mentalists would strongly support that but it does. Of course, the tall-grass everywhere. approach. The answer is quite obvi- prairies out there, without question, We have simply known in our coun- ous—they do not. Many of them are up are a beautiful piece of nature. I do not try for a long time that energy has a in arms organizing and moving against deny that, as no one should. State, if not regional, character. While this very proposed idea. A coalition has Work began on the $190-million there is some national value in tying it been formed waging very expensive project in May of 2005, despite ongoing all together, the regional character of campaigns to stop the wind farm opposition. An environmental activist our energy production is still very real project. They are talking about it as if said: today and my guess is will be tomor- it were an ‘‘Exxon Valdez’’ crisis or dis- It’s not a time for celebration, but a time row. aster because of what it would do to for folks to redouble their efforts to protect The national Energy Information Ad- the character of Nantucket Sound. the remaining Flint Hills. ministration estimates that wind en- ‘‘Not in my back yard.’’ And so on goes the article from the ergy would benefit most by the RPS Well, then, let’s go to Vermont. A ‘‘Kansas City Star.’’ mandate. In an analysis performed in possible Vermont wind farm located on What is the conclusion one can draw 2003, EIA projected that wind energy the mountaintops around East Haven from the opposition that is now mount- would provide 141 billion kilowatt is drawing local opposition. A ‘‘large, ing against those very large turbines? hours of generation by 2020. EIA’s cost diverse, well-organized citizens group’’ The Senator from Tennessee has been estimates for an RPS are heavily de- is fighting the project and doesn’t be- so clear in explaining what these tur- pendent on wind energy being built. lieve that wind energy has a place in bines are all about. For those of you I would point out that a wind re- Vermont. Well, wait a moment. who do not understand the visualness source map prepared by the National Vermont is one of the most environ- of the large German turbine, step out- Renewable Energy Laboratory graphi- mentally pure States in the Nation, by side, walk out to First Street, and look cally demonstrates that the entire their own admission. And yet wind is back at the Capitol building. Look at southeastern region of the country has supposed to be the most environ- the top of the Statue of Freedom, and virtually no wind potential. Large mentally benign form of energy pro- then visually come all the way down to areas of the upper Midwest have mar- duction. The ‘‘Montpelier Times’’ re- ground level. That is about tip to tip ginal wind potential, unless those ported on the East Haven wind farm’s on the large turbines. That is just States plan to build wind farms in the future. Vermonters are saying it loudly about how big they are, about 300 feet Great Lakes. and saying it clearly: Wind turbines tip to tip. So they have high visibility EIA’s wind energy projection seems have no place in Vermont. because you have to get them up above wildly, even naively, optimistic to me. Well, let’s go to Maine. How about the ground, on a large tower, and fit Why? Because a wind turbine is just as Maine? A 29-turbine wind energy them into the airstream. vulnerable as any other energy facility project proposed for western Maine is That is why people are reacting to a localized disease in our country being strongly opposed, again, by the today. Yet we know that this RPS called ‘‘NIMBYISM,’’ or ‘‘Not In My environmental community of Maine. standard is dominantly a wind stand- Back Yard’’ syndrome. They are saying it will destroy the vis- ard. That is how you get there—be- And the fewer wind projects that are tas of the Appalachian Trail. The cause we are not going to build any built, the more the RPS mandate ends project would be built 10 miles away more large power dams in Idaho. Some up being just a new Federal energy tax from it. It is going to take a few roads would even deny that hydro is a renew- that consumers will pay on traditional and power lines. You have to have a able resource. We know we are not sources of energy, such as nuclear, road to get the turbine in place, and going to do much more geothermal be- coal, and natural gas. you have to have a power line to get cause not all States are blessed with Dollars will just be transferred from the power away from the turbine. No, the dynamics of geothermal energy. consumers’ pockets to the U.S. Depart- no. The park manager of the Appa- My State has a little of that. Domi- ment of Energy to buy renewable en- lachian National Scenic Trail wrote to nantly, what we are talking about is ergy credits so utilities can meet these a Maine newspaper that the project wind, and some photovoltaic, although RPS standards. ‘‘would be an ‘in your face’ facility for wind is by far more advanced in its en- Even self-proclaimed environmental- long stretches of the Appalachian gineering and its development. ists fall victim to NIMBYISM when the Trail. . . .’’ As these stories and experiences plans call for wind turbines to be built The debate goes on. But in Maine make clear, wind energy facilities are in their back yard. Apparently, wind they are saying, as they said in Massa- no more immune to NIMBYISM and turbines are fine in theory as long as chusetts and as they said in Vermont: the syndrome and that lethal virus the alleged proponents cannot see Not in my back yard. than any other item when it comes to them. Well, let’s go to Virginia, then. How disturbing the character or the unique- Let’s look at what has really hap- about Highland County in Virginia? ness of one’s personal surroundings. It pened when wind developers announced They are strongly opposing a wind tur- is how we believe. It is the character of plans to build wind energy facilities. bine project 3 years after it was pro- our own local community. So when Nantucket Sound: A wind energy posed. The project proposes construc- many over the years have said, ‘‘Oh, firm announced plans to install 130 tion of 18 to 20 wind turbines. More but this is the most benign of all en- wind turbines, spaced one-third to one- than 500 people attended a May hearing ergy production, this fits our environ- half mile apart, more than 6 miles off on the project. About two-thirds of the mental portfolio,’’ we are finding it is the coast of Hyannis in Nantucket Highland County residents signed a pe- quite the opposite. Really, nothing fits Sound. This project has been in the tition against the project. some people’s portfolio when it comes works for several years. The Massachu- Again, that dreaded disease of to energy production. setts energy facilities siting board, in NIMBYISM has struck in the heart of If wind farms are OK as long as they May, finally approved construction of Virginia. ‘‘Not in my back yard. No. are built somewhere else, then where two 18-mile transmission cables that Somewhere else. Not in my back yard.’’ are the right places? Where are all would link the wind turbines to the But what does the amendment do? It these wind turbines going to go to be shore. says that it better be in everybody’s built that EIA assumes are going to be The wind farms would provide Cape back yard or you are going to get taxed built under an RPS mandate? Will wind Codders with roughly 75 percent of for it so it can be built somewhere else. turbines be built in remote areas of the their energy and New England with In Kansas, landowners and environ- country without enough transmission about 1.8 percent of its total energy mental groups bitterly fought con- capacity to move the power to where needs. The power would come without struction of a wind farm. This is in the the consumer is? More than likely. air emissions or using a single barrel of Flint Hills region of Kansas. The area Texas has a State RPS program, and a Middle East oil. is the largest surviving vestige of the lot of wind capacity has been built in

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6684 CONGRESSIONAL RECORD — SENATE June 16, 2005 that State. Unfortunately, about 1,000 to increase day by day with no end in of our great country must embrace the megawatts of wind capacity was built sight. Energy independence at the end energy challenges of the 21st century in west Texas on the wrong side of a of the day is what we should have a bi- and figure out how to produce clean transmission constraint. Got the tur- partisan consensus on with respect to and abundant energy from domestic bines, can produce the power, can’t this legislation. sources that do not produce carbon or transmit it to where the people are. As The legislation which has been pre- other greenhouse gases and that do not a result, a lot of that wind power has pared by the Energy Committee came involve recurring problems of intermit- been stranded. together in that kind of a bipartisan tent supply from politically unstable The regional coordinator responsible fashion, led by Senator DOMENICI and and overly hostile regions of the world. for maintaining reliability of the Texas Senator BINGAMAN. It is a good piece of Although we have been encouraging transmission grid has stated that ‘‘the legislation that we can improve on. I progress in the development of new sparse transmission system in the area believe the RPS proposed by Senator carbon-free technologies, there is still has required almost daily limits on the BINGAMAN, which would require that 10 a lot of work for us to do. Earlier this output of this [wind] resource to keep percent of our electric generation come year I visited the National Renewable within transmission operating limits.’’ from renewable sources by 2020, is a Energy Laboratory in Golden, CO, and Maybe we can build all of the wind very modest goal for us to have. In- saw some of the cutting-edge tech- power we need in North Dakota. It has deed, the experts around this country nologies that the scientists there have been called the Saudi Arabia of wind who talk to us about energy say if we advanced with respect to wind energy. potential. I know the Senators of that have the will and the courage, we could I saw solar energy collection cells that State are strong supporters of this RPS get up to a much higher amount than could double as 20-year roofing shingles mandate. Unfortunately, according to 10 percent by 2020. They will tell you and some of the most advanced solar the North American Electric Reli- that we could get to 40 percent within technologies America has developed. ability Council, the reliability region probably 15 years, 20 years, to 2025. So Today we produce only about 8 percent in which North Dakota is located is the proposal that is currently being of our electric power needs from renew- monitoring 31 transmission constraints considered under this amendment is a able energy sources, and most of that— already within the grid of that region. modest proposal that moves us in the approximately three-fourths of the The NERC 2005 Summer Assessment right direction. total or 6 percent—comes from hydro- Report states that ‘‘these constraints In my own State of Colorado, in this power. By contrast, the two most com- can limit [power] imports and ex- last election in 2004, there was a pro- mon sources of renewable—solar en- ports,’’ and the story goes on. posal considered by the voters of our ergy and wind power—account for less Now you can see why I suggest—and State. That proposal on an RPS was than 1 percent of the total electric I hope many support the idea—that adopted by an overwhelming majority power. States do it on their own as it fits their of the people of Colorado. What it re- Why do these sources of renewable needs. But when we create a national quires us to do is to get to a point energy account for such a small frac- mandate on a renewable portfolio, and where we have produced 15 percent of tion of our electric energy needs, even it is restrictive to the character of the our energy by the year 2020. Fifteen after three decades of effort? There are region or the capacity of the region, we percent of the energy of Colorado will at least three reasons to that question. are taxing one area against another. come from renewable sources by the The first is technological, and the sec- That simply is not good public policy. year 2020. The Bingaman amendment ond is economic. Both of those are I don’t think it ever takes us where we has a more modest goal at only 10 per- closely related. As new energy tech- want to go. cent by 2020. nologies have advanced and solar pan- What we crafted in our Energy and If we can do that amount of renew- els and wind turbines have become Natural Resources Committee and is able energy and meet that standard in more efficient, the relative cost of gen- now on the Senate floor as a very im- my State by 2015, there is no doubt erating electric power from these en- portant piece of legislation took into that we can do that with the amend- ergy sources has declined. Despite consideration all of what we thought ment that Senator BINGAMAN has of- these impressive growth rates, how- was important and right. It is a bipar- fered. My view is that setting America ever, and despite decades of research tisan piece of legislation. I hope the free from its overdependence on Saudi and development, these new energy amendment that I have spoken to—and and Venezuelan oil is an imperative for technologies still suffer from serious that others are speaking to—will be re- our Nation. We must first conserve and engineering and economic drawbacks. jected by the Senate. It simply does increase efficiency, we must invest in Hydrogen fuel cells, despite their not fit. It will not bring us where all of renewable energy resources, we must promise, are still many times more ex- us want to go, and that is to greater develop new technologies, and we must pensive than an internal combustion sources, cleaner sources, reliable pursue a balanced approach to devel- engine, and they will require several sources, a mix of sources, in our energy oping domestic energy. This bill does more decades of research and develop- production for this country. I hope my much of that. The amendment that is ment to be competitive. colleagues will reject the amendment. currently on the floor of the Senate Likewise solar power, even after I yield the floor. will help us move even further forward three decades of research and develop- The PRESIDING OFFICER. The Sen- on those goals. ment, still costs five times as much as ator from New Mexico. The oil savings provision that is al- coal-fired power. Moreover, there are Mr. BINGAMAN. Mr. President, I ready in the Senate Energy bill rep- inherent limits in the quality of the yield 10 minutes to the Senator from resents an important, if modest, goal energy these new energy technologies Colorado, Mr. SALAZAR. for achieving some measure of inde- can produce. They are intermittent Mr. SALAZAR. Mr. President, I rise pendence from foreign oil. But it is, sources of energy, and they are not al- in support of Senator BINGAMAN’s frankly, not enough. I am encouraged ways located near a load source. There- amendment, the renewable energy by the strong show of support for the fore, investment in transmission infra- standard or, as we have come to know Cantwell amendment to raise that bar structure and advances in control tech- it, the renewable portfolio standard. even further. I am proud to be a co- nologies are necessary before renew- When we consider the imperative with sponsor of her amendment. I believe we able energy sources can provide a dom- which we deal today in the Senate, we need to do more to achieve oil energy inant share of the future energy mix. are talking about whether we can get savings. But the grave problems we The third reason that alternative en- the United States to energy independ- face with respect to long-term domes- ergy sources claim such a tiny fraction ence, whether we can set America free tic supplies of oil are only part of the of the energy market is political. We from being held hostage to the impor- story. Even if domestic reserves of oil can change that today. Alternative tation of foreign oil from Iran, Iraq, and other fossil fuels were limitless, sources of energy must compete in an and Saudi Arabia, from those places in the way we use hydrocarbons is jeop- energy market dominated by hydro- the world where for 30 years their ardizing our way of life. Sooner or carbons and the industries that profit stranglehold on America has continued later—and I prefer sooner—the people from those hydrocarbons. I introduced

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6685 legislation that would begin to level recognize it has to live up to one stand- continue to use coal, oil and natural the playing field and provide tax and ard. gas, and I support that. We must con- other incentives for renewable energy Finally, I suggest that to make re- tinue to use fossil fuels. We also need sources. Today the Finance Committee newable energy a significant part of to understand that we are increasingly is marking up its tax title which will our energy portfolio is something that dependent upon a supply of oil that extend the production tax credit for makes common sense because of the comes from under the sands of the Mid- certain renewable energy sources. national economic security issues that dle East. A very small part of this Those incentives are extremely impor- we face, because of the economic op- world has an inventory of a very sub- tant for these relatively immature portunities that it will bring to rural stantial part of the oil resources that power industries. America, and because of the fact that exist in the world. To be hopelessly ad- Americans across the country recog- we need to deal with this issue that is dicted to that oil—foreign sources of nize that renewable energy is an impor- creating so many problems for us oil—makes no sense. So as we devel- tant part of our future, and they recog- around the world, especially with over- oped a new energy bill, I think we did nize that Government should be doing reliance on oil from the Middle East. an excellent job in the Energy Com- more to promote this type of energy. I I yield the floor. mittee. I have complimented Senator stand with Americans who have that The PRESIDING OFFICER (Mr. MAR- DOMENICI and Senator BINGAMAN at point of view. TINEZ). Who yields time? some length about that. We have pro- On Tuesday, the White House re- Mr. BINGAMAN. Mr. President, I will duced a bipartisan piece of legislation leased a statement that they do not defer to Senator DOMENICI if he wants and brought it to the floor. support any kind of renewable portfolio to do something at this point. During the debate in committee, we standard. Here is one case where the Mr. DOMENICI. Yes. This has been recognized that we would reserve this President and I differ in a fundamental cleared with both sides. amendment for the floor of the Senate way. I believe the Energy bill should be I ask unanimous consent that at 2:15 and debate it here on the floor. Again, a way to move us away from foreign today, the Senate proceed to a vote in I call this the home-grown energy, or an American-made energy amendment. oil, away from pollution and towards relation to the Cantwell amendment, Let me use a picture to make a point. which will be modified with the independence. I do not understand the This happens to be a photograph of a changes that are at the desk, which we reason the President is on the other wind turbine just south of Minot, ND. have seen. I further ask that following side of this issue. The United States There are actually two wind turbines that vote, the Senate proceed to a vote needs to take substantial steps forward that sit on a hill south of Minot. North with renewable energy. Colorado and in relation to the Bingaman amend- Dakota is a wonderful State. I am all of the West is positioned to be ment; provided further, that no second- enormously proud to represent North America’s innovation hub of the fu- degree amendments be in order to ei- Dakota. We happen to be fiftieth in the ture. That is why the Federal standard ther amendment prior to the votes; and 50 States in native forest lands. Trans- of renewable energy development, finally, prior to the vote on the Cant- lated, we are dead last in trees. It is a which Senator BINGAMAN has proposed, well amendment, there be 30 minutes of great State. We happen to be dead last is so important. Investing in these nas- debate equally divided in the usual in trees. We put up a wind turbine here cent technologies now will signifi- form. and there, and we like it because we cantly improve our ability to produce Before the Chair rules, I note that are also a State that has more wind energy from renewable resources. there is no provision for wrap-up de- than almost any State in the Nation. But it is just as important for the bate on the Bingaman amendment. We are dead last in trees, but we are U.S. Congress to establish a Federal Mr. BINGAMAN. Mr. President, we first in wind—some say especially when standard, an achievable goal of pro- would like 2 minutes equally divided I am at home on the weekends. ducing a minimum amount of electric prior to the vote on the Bingaman The Department of Energy says that power from renewable energy sources, amendment. I guess there is no need North Dakota, among all of the States, to establish uniform national goals and for 2 minutes before Cantwell because is the ‘‘Saudi Arabia of wind.’’ We have an active credit trading market based they have a period of time before more potential to develop wind energy on those goals. theirs, but 2 minutes equally divided than anywhere in America. So this Other benefits of Senator BINGAMAN’s would be appreciated. wind turbine is south of Minot, ND. I renewable energy standard are the fol- Mr. DOMENICI. I ask that that be happen to have had a role in this wind lowing: A standard similar to Colo- added to the unanimous consent agree- turbine because we on the Appropria- rado’s 10 percent by 2015 is aggressive ment. tions Committee put money in for the enough to stimulate the market and The PRESIDING OFFICER. Is there air base to buy green power. Eight air produce widespread and rural economic objection? bases are buying green power. Two of benefits. Secondly, a 10-percent RPS by Without objection, it is so ordered. these wind turbines went up, and they 2020 will help reduce natural gas prices Mr. DOMENICI. I yield the floor. are supplying wind energy to an air by reducing demand for electricity gen- Mr. BINGAMAN. Mr. President, I base. Incidentally, these turbines are erated from natural gas powerplants. yield 10 minutes to Senator DORGAN named. The two south of Minot are Studies show that consumers will save from North Dakota. Willy and Wally. I am not able to de- $9.1 billion on their natural gas bills The PRESIDING OFFICER. The Sen- termine at first glance whether this is and $4.4 billion on their electricity bills ator from North Dakota is recognized. Willy or Wally. They are essentially between now and 2020, for a total sav- Mr. DORGAN. Mr. President, first I twins. We care a lot about them and ings of $13.5 billion. And third, renew- thank Senator BINGAMAN for this this turbine is an example of the new able energy technologies create more amendment. I support the amendment. technology—much more efficient tech- jobs, nearly twice as many as in tradi- It advances, improves and strengthens nology—by which you can take energy tional fossil fuel industries. The Binga- the underlying energy bill. I know that from the wind and turn it into elec- man amendment would create about the term ‘‘renewable portfolio stand- tricity. 58,000 new jobs a year for America. ard’’—we have talked about that—is In the long term, I think we will be This kind of commonsense approach not necessarily something everybody able to take energy from that wind, is something that the American people understands. Much of what we do in the through these turbines, and turn it expect of all of us. Senate sounds like a foreign language. into electricity, and through the proc- Let me say two final things with re- Renewable portfolio standard. I think ess of electrolysis, separate hydrogen spect to the RPS. First, it is going to what this is is an American-made from water and produce hydrogen for create a problem for industry and for amendment, a home-grown energy hydrogen fuel-cell vehicles. What a this Nation to have a haphazard patch amendment. It says what we ought to wonderful thing for this country. Then of RPSs around the States as they are do is take charge and decide we are we won’t be quite so addicted to oil adopted State by State. Therefore, it going to move in a different direction. from Saudi Arabia, Iraq, Venezuela, or would make more sense to have a na- My colleague said, and other col- Kuwait. Maybe we can shed that addic- tional standard so that industry can leagues have said, yes, we are going to tion.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6686 CONGRESSIONAL RECORD — SENATE June 16, 2005 As we begin to talk about energy in watt hours is the equivalent of plant- cause here we are, referring to this the future, we have all talked about ing a half acre of trees or not driving map. Senator DOMENICI pointed out the natural gas and the increased use of 2,400 miles. That is the savings in en- white area on the map. The prior Pre- natural gas as a result of both our ergy. siding Officer is from South Carolina country and industry wanting to have This amendment will also reduce and the present Presiding Officer is cleaner burning fuels. Now we are real- electric sector carbon dioxide emis- from Florida. They find themselves izing that we don’t have enough nat- sions by 7.5 percent. That is a great re- here in the white area. There is no ural gas to keep up with demand. So sult also, because we are going to have wind down there. Now, it is true that now we are beginning to talk about other debates on the floor of the Sen- under the Bingaman amendment, they how much natural gas we will import ate about global warming, about CO2, might try to make enough electricity into this country. The demand for nat- about all of these related issues. from solar or from geothermal or from ural gas continues to increase rather This amendment moves us in the biomass. But what the letter says is substantially. We are talking about right direction in several areas. It two things. The letter from the Energy new terminals for LNG and how much makes a lot of sense. I hope at the end Department describing the proposal of LNG we will import into this country of this discussion we will have sent a the Senator from New Mexico says it to keep pace with our need. message to the country and to the will cost an $18 billion increase in elec- Isn’t that moving in exactly the world that, while this is a good bill tric rates between now and 2025 in same direction as we find ourselves that came out of committee, we have order to start making our electricity now with oil? Should we not, with just improved it. This amendment moves us out of this limited number of ways that as much aggressiveness, decide we well down the road to a substantial im- we call renewable energy, instead of want to change the whole construct of provement with respect to our energy the way we normally would do it. And our energy mix, to the extent we can? future. if we are not able to do it—if in Ten- The answer should be yes. That is why Mr. President, how much time do I nessee, Florida, or South Carolina we a home-grown energy amendment have remaining? cannot meet the 10 percent with big makes a lot of sense. The PRESIDING OFFICER. One windmills or solar or biomass or land- As I said yesterday, I understand minute. fill gas or geothermal, then we write a there will be opposition to every propo- Mr. DORGAN. Mr. President, we will check to the Government. So we pay a sition that changes the way we cur- have other debates of consequence on tax or we raise our rates or we do both. rently do things. I understand that. ‘‘It these issues. Yesterday, we had a big Now, the Senator from New Mexico won’t work, can’t work, bad idea.’’ The idea, which said let’s reduce our de- did correctly go back to the letter of fact is, this amendment asks the ques- pendency on foreign oil by 40 percent in June 15 and point out I had said that tion, will we begin to take control our- the next 20 years. We had people stand the letter from the Department of En- selves? Will we take control? up and say, oh, my gosh, we cannot do ergy says that, over 20 years, the cu- This is a very simple proposition—in that; what are you thinking about? mulative total cost of the electric fact, milder than some. It says, of the We went to the Moon in 10 years. If power sector is about $18 billion for electricity we produce in this country, we can go to the Moon in 10 years, we this amendment. 10 percent of it should come from re- ought to be able to find a way to re- We have been having a big argument newable sources. This is not a giant duce our hopeless addiction to foreign down here about the Clean Air Act, lift. oil in 20 years. Of course we can do whether to take the President’s version I understand there are some in the that. I am tired of the can’t-doers or, say, the Carper version, which I co- electric utility industry, and others, around here. Let’s have some of the sponsored. According to the Environ- who feel this should not happen. They can-doers decide to affect the destiny mental Protection Agency analysis, don’t want this. They believe it is an of this country’s energy future. Our the difference is a $5 billion effect on intrusion. But I also understand we are country’s economic future, our chil- the economy, and everybody was shoot- trying to march toward a different en- dren’s ability to find jobs, our econo- ing off rockets about that. This is $18 ergy future. We are trying to push a my’s ability to expand, and our ability billion. bit, trying to stretch a bit to see if we to remain a world economic power de- But the Senator from New Mexico cannot remove this hopeless addiction pends on energy. When the tank runs said keep reading the letter. It says: to foreign sources of energy. That is dry, this economy goes belly up. . . . cumulative expenditures for natural the basis of this amendment. This amendment describes an oppor- gas and electricity by all end-use sectors My colleague from New Mexico, Sen- tunity for us to move in a slightly dif- taken together decrease by $22 billion. ator BINGAMAN, is going to describe in- ferent direction—toward home-grown That would look like the net increase formation about what this amendment, energy, American made—believing in was almost nothing. if we pass it, will mean in terms of the ourselves, taking control and taking The problem with that is that as- use of fossil fuels versus the use of re- charge. I support this amendment. I sumes the price of natural gas is $5. newable sources of energy, what it hope the Senate will give it very broad That also looks at the year 2020. If you means in costs, and what it means in support. go out to 2025 with no RPS, according the reduction of energy dependency I yield the floor. to the Energy Information Administra- that now exists. I think this is not only The PRESIDING OFFICER. The Sen- tion, the cost of natural gas is $4.79 and a win-win, but a win-win-win amend- ator from Tennessee is recognized. the cost with RPS is $4.79. ment for everybody. So what we are Mr. ALEXANDER. Mr. President, I What I am saying is, I do not believe trying to do is harness energy we can am tempted to ask why we should have we can count on a reduction in the produce. to raise electric rates in Tennessee to price of natural gas to $5 to offset this Using 100 kilowatt hours of wind build windmills in North Dakota, even $18 billion increase in our electric rates power each month is the equivalent of as much as they like them. I would pre- that this amendment will produce. planting one-half acre of trees, or not fer to send every single one of these gi- The Senator from New Mexico is per- driving 2,400 miles. Think of that. Put gantic public nuisances to North Da- fectly entitled to say: If you do not be- up a turbine—by the way, I understand kota if they want them. What I object lieve their estimates about natural gas, the turbines didn’t use to be so effi- to is raising our electric rates to build why do you believe their estimates cient. We had to have much more of a them. That is what we are doing. I about the increase in the cost of elec- boost and incentive. Now they are want to go back over carefully what tricity? And he would have a point. But highly efficient. Put up one of these Senator BINGAMAN said earlier about I think the one thing we can be sure of turbines and use the wind to produce the letter, describing his proposal. about the new mandate of the Senator electricity. Use the wind to turn that The one thing we can be sure about, from New Mexico is that it is a multi- turbine, and from it produce the elec- regarding the Bingaman proposal, is it billion-dollar rate increase of some tricity. And 100 kilowatt hours—inci- is a multibillion dollar increase in elec- number. dentally, this is probably 10 times that; tric rates on the bills of most Ameri- We do know in the area where the this is about a megawatt. But 100 kilo- cans. Surely in Tennessee it will be, be- Senator from Florida lives and where I

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6687 live, if the utilities produce what they bon-free air—conservation, nuclear Egypt has its pyramids, Italy has its are more likely to produce, they will power, coal gasification, and carbon se- art, England has its history, and we produce electricity using nuclear questration, not tens of thousands of have the great American outdoors. I do power, which is carbon free, and coal. I windmills. not think it is right for us to subsidize am told that today the cost of nuclear, I am not anxious to go home to Ten- the building of these gigantic machines after it is built, is 1 cent per kilowatt nessee and say: We are worried about which are twice as tall as a football hour, coal is 2 cents, natural gas is 4.8 the Japanese, the Chinese, and the In- stadium and extend from 10-yard line cents, and wind is 4.8 cents, and these dians taking our jobs and buying up to 10-yard line that can be seen for 20 preferred methods in the Bingaman the oil reserves, we are worried about miles away and destroy the American legislation all cost more. In other our clean air, gasoline prices are high, landscape when there is no real purpose words, this is an order to Tennessee natural gas prices are at a record high, for it. At the same time, we have un- and Florida to not do what we would and our solution: tens of thousands of reasonable, massive subsidies to the de- normally do but do this limited num- windmills. velopers to do it. ber of renewable fuels and, in the proc- The Senator from New Mexico said I hope we will defeat this amend- ess, pay for it with a big increase in there are many things that can be ment, and that is a part of the reason. our electric rates. done, but the EIA letter which he cites I will not be through looking at these The Tennessee Valley Authority has has an estimate of what the effect of subsidies for wind power before we get just announced it is considering a 7- this mandate would be. It could be through. I do not think any of us percent rate increase. I recruited a lot more or less, but this is what it says. It should be embarrassed that it is not of automobile plants to Tennessee. I says we will have 35,100 new gigantic right to destroy and scar the American know that aluminum is made from wind mills. That is a lot. We have 6,700 landscape by building these what I be- electricity, an electrolysis process. If today, and we will have 35,000 new wind lieve are public nuisances when instead these electric rates go up too much, mills. we could be producing carbon-free en- those jobs go overseas. They will be Let me take an example of these ergy by conservation, nuclear power, gone by 2020 and 2025 if we put in an $18 wind turbines. There is one new nu- coal gasification, and carbon sequestra- billion increase on electric rates. clear powerplant being opened in tion. You may assume that natural gas America today and that is at Browns This is an $18 billion increase to the will go down to $5 a unit. It is $7 today. Ferry. It is about 2,000 megawatts. If ratepayers of America. Maybe you be- Or it might not go down to $5 a unit. you had 2,000 1-megawatt wind tur- lieve that the lower price of natural But it looks to me, under this man- bines, that would spread over an area gas in 20 years will make up for that. I date, the only way electric rates can go two times the size of the City of Knox- would not count on it. is up. ville, TN. But 2,000 would not produce REGIONAL CAPACITY Also, the EIA letter says there is no the same energy you get from that one Mr. NELSON of Florida. Mr. Presi- appreciable decrease in NOX to clean nuclear powerplant because wind tur- dent, energy diversification is impor- the air, no appreciable decrease in sul- bines only work 20 to 40 percent of the tant to the future of our country; and fur dioxide to clean the air, and the time, so you have to have 4,000. So it is for that reason, the distinguished rank- price of natural gas does not go down. an area two or three times the size of ing member of the Energy Committee By the year 2025, according to the En- Knoxville, TN, and you do not even get has proposed an amendment to require ergy Information Administration, the to close the nuclear powerplant be- 10 percent of our electricity to be pro- price of natural gas is $4.79, with an cause people want their electricity all duced from renewable resources by RPS or without it. the time, not just when the wind blows. 2020. However, for those regions of the What we have before us is a proposal The Senator from North Dakota country that do not have the capacity to select out a very few nice sounding mentioned he had gotten a nice subsidy to greatly increase renewable resources ideas and say let’s charge the rate- for his two big wind turbines in North in their State, a financial hardship payers of America $18 billion to put Dakota. Well, that is terrific. So now may result through no fault of their them in and hope the price of natural they have three subsidies to build these own. My State of Florida is one of the gas goes down over 20 years to offset it. two giant windmills. We committed $2 States that will have difficulty meet- That is what we are saying. We are as- billion of taxpayers’ money—that is ing the standards because the geologi- suming during all that time there is no such a preposterous number for this cal, climatic and topographical condi- growth in nuclear power. purpose, I can barely speak it—$2 bil- tions make it impossible to harness Why would we be over here even talk- lion of taxpayer money over the next 5 certain forms of renewable energy like ing about spending $18 billion to create years for windmills. The Finance Com- wind and hydropower. Furthermore, tens of thousands of new gigantic wind- mittee suggested another billion. This the Energy Information Administra- mills to run the American economy mandate would, by causing those who tion concludes that Florida’s energy and spending $11 billion to produce by cannot produce enough wind to write a technical potential for renewable en- 2025 one-fifth of 1 percent of our total check to the Government, be yet an- ergy is 8 percent. Currently, Florida electricity in solar? That is what this other subsidy, and if you know the has 1.8 percent in existing renewables; would do. Why don’t we do something Senator from North Dakota, you can and more than 50 percent of that 1.8 that we know would create large get a third subsidy to build windmills. percent comes from municipal solid amounts of carbon-free electricity? Why don’t we get the same amount of waste, a form of renewable energy not I can go to that list. We know that interest in conservation, nuclear included in the definition of ‘‘new re- nuclear power produces 70 percent of power, coal gasification, and carbon se- newable energy’’ in the ranking mem- our carbon-free electricity. For those questration and really clean up the air? ber’s amendment. For these reasons, I who care about global warming—and I There is one last point I would like have expressed my concerns to Senator am one Senator who does—I do not to make, and I will be through. The BINGAMAN. While I remain supportive want to rely on windmills and solar en- Senator from Idaho talked about the of expanding the use of renewable en- ergy that produces one-fifth of 1 per- landscape a little bit. I think solar ergy supplies, I would prefer an ap- cent of our total needs to get us where power is terrific. I have an amendment proach that recognizes the regional dif- we need to go in terms of carbon-free with the Senator from South Dakota ferences in the ability of States to energy. to expand solar-produced power. Pro- meet a renewable portfolio standard. So why don’t we take this money, if duction tax credits have gone all to An RPS standard cannot be rigid, it we have it, and accelerate advanced nu- wind and left out solar power. Biomass must be flexible. clear powerplants, accelerate carbon has a great future. Mr. BINGAMAN. I appreciate the recapture and sequestration, spend a I guess beauty is in the eye of the be- concerns of my colleague from Florida. reasonable amount on solar, accelerate holder, but I had always thought that As you know, I continue to push for a coal gasification powerplants, accel- the great American outdoors was one renewable portfolio standard because erate conservation and energy effi- of the most essential parts of our char- the increased use of renewables can ciency. That is the way you have car- acter. ease natural gas price volatility and

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6688 CONGRESSIONAL RECORD — SENATE June 16, 2005 decrease our dependence on fossil fuels Missouri is not the only State that take to grow sufficient biomass just to and foreign imports. Having said that, finds itself unable to use wind, the one equal a couple of tons of coal. Plus, differences do exist from region to re- renewable resource that RPS pro- there is a substantial cost to con- gion and State to State with regard to ponents do not dispute is central to sumers for utilities to modify their renewable energy potential. I would meeting the proposed requirement. The boilers to co-fire or blend biomass fuel. like to extend an offer to Senator NEL- wind resource map prepared by the Na- And, on top of this, burning biomass SON of Florida to work in conference to tional Renewable Energy Laboratory may leave the utilities with additional find a method that will enable a renew- graphically demonstrates that the en- cost to comply with the Clean Air Act. able standard to accomplish the goal of tire southeastern region of the country Proponents of a mandatory RPS say, increasing renewables while recog- has virtually no wind potential. Those ‘‘Just buy wind power from wind gen- nizing the legitimate differences States are even worse off than Mis- erators in other States.’’ Sounds easy among States. I acknowledge that mu- souri. Moreover, large areas of the enough, but how do we get that power nicipal solid waste plays a large role in upper midwest have marginal wind po- to the State? Wind turbines obviously Florida’s renewable potential and I tential, unless those States plan to have to be built where the wind is. would be willing to recognize that po- build wind farms in the Great Lakes, These locations are usually remote and tential as part of our discussions in the and I don’t think any of us expect that far from our cities where the elec- conference. I believe we can find a way to happen. tricity is most needed. In most every to help each State include a renewable So if not wind, what else might be instance, there is insufficient trans- standard as part of their overall energy used? The proposed amendment lists a mission capacity to move that power production, and I am committed to limited number of forms of renewable to where it is needed. And at $1 to $3 working with Senator NELSON to ac- energy that meet the requirement— million a mile, new transmission does complish this. solar, wind, geothermal energy, ocean not come cheaply, nor is it easy to get Mr. NELSON of Florida. I want to energy, biomass, landfill gas, or incre- all of the necessary approvals to get it thank Senator BINGAMAN for his work mental hydropower. built. So I am not ready to say I can on this energy bill and his commitment My State has just a little bit of hy- count on economically transmitting to work in conference to address my dropower. However, under Mr. BINGA- wind power to Missouri, if at all. concerns with the renewable energy MAN’s proposal, existing hydropower, Moreover, wind turbines are just as standard specifically. I look forward to though clearly a renewable resource susceptible to fierce local opposition as working together on this important and one of the very cleanest and cheap- any other energy facility proposed near provision. est sources of electricity, inexplicably population centers. Senator ALEX- Mr. TALENT. Mr. President, I rise in does not count. All of the hydropower ANDER has highlighted how large and opposition to amendment No. 791, Sen- in the Pacific Northwest also does not intrusive each of these modern wind ator BINGAMAN’s amendment which count under this proposal. turbines are. And while one on the ho- would require a mandatory renewable My State also has a generator that rizon may be interesting, it will take portfolio standard, or ‘‘RPS.’’ burns tire chips. Every tire that is hundreds of them on that horizon to I am a big supporter of new, clean burned to make electricity is one less meet a 10 percent RPS requirement. I forms of energy. I am convinced that that will be tossed into our overbur- do not know that this is how any of us we cannot become energy independent dened landfills. That is certainly some- want to meet our Nation’s energy without making renewable energy re- thing we should encourage, but are needs, if we can even get that many sources an important part of our en- tires considered renewable? I do not see ergy mix. wind turbines built. I also believe that each region of the us driving cars without tires anytime What is the result if this wind energy country has something to offer to meet soon. Nevertheless, tire chips do not does not get built or can not be deliv- this country’s clean energy needs, but count, either. ered? This RPS amendment will end up The National Renewable Energy Lab- what each region has to offer is not the being nothing more than a new energy oratory has also found that Missouri same. For that simple reason, I oppose tax on consumers who depend on tradi- does not have utility-scale geothermal, including a nationwide, mandatory re- tional fuels for their electricity. High- newable portfolio standard in this en- solar, or fuelwood biomass resources, er energy costs, particularly those that ergy bill. either. So what do I tell my homestate result in a wealth transfer payment In particular, for many regions of the utilities that they should use to meet from our constituents to the Depart- country not blessed with renewable en- this RPS requirement? ment of Energy, is not good energy pol- ergy resources, this RPS mandate This morning, Sen. BINGAMAN ac- icy. would essentially result in a huge knowledged that many States do not Utilities in my State already volun- wealth transfer payment from con- have access to the best renewable re- tarily offer the green power that they sumers to the Federal Government or sources. He recognized that wind, solar, have available to their customers if to renewable energy generators located and geothermal resources are generally they prefer to buy green. They are add- in other areas of the country. The concentrated in western States. These ing wind generators where they can— amendment ignores the reality that are the major sources of clean, renew- For example, Kansas City Power and some regions of the country simply do able power. He suggested that, no mat- Light is adding up to 200 megawatts of not have the amount of renewable re- ter, another renewable—biomass—is wind power in Kansas. This is about as sources demanded by this amendment. available in every State. What he did much as they have found feasible to The leading advocate for wind power, not tell you, however, is that you can produce there. But this does not even the American Wind Energy Associa- not just toss switchgrass or other bio- come close to meeting a 10-percent tion, lists my home State of Missouri mass into a boiler and churn out elec- RPS requirement. as the 20th best state for wind energy tricity. According to EIA, total electricity potential. That would seem to imply Biomass is not generally used to sold in 2002 by the Missouri utilities that Missouri would have no trouble make electricity today, and its use is that would have to meet the proposed meeting a 10 percent RPS with wind not without substantial costs. It must RPS was 47,378,256 megawatt-hours, energy. be thoroughly dried before burning. meaning Missouri utilities would have However, the detailed studies done by That requires lots of space and energy to produce 4.7 million megawatt-hours the National Renewable Energy Lab- for drying and, obviously, it can not be of renewable electricity, and this oratory show that the wind Missouri stored outside in a heap like coal. amount will only grow, as electricity does have is of insufficient power and Building a drying and storage facility demand has increased in recent years consistency for utility grade wind tur- to process and store the mountain of by nearly 5 percent. bine applications. In other words, the biomass it would take to meet an RPS KCP&L’s 200 megawatts of wind en- utilities in Missouri cannot build wind- requirement would cost a lot of money. ergy capacity will translate into no mills in the State to meet an RPS. There would also be quite a cost to more than 584,000 megawatt-hours of There’s just no wind to make them gather and transport these materials wind energy, assuming the energy is turn. from the hundreds of acres it would available 1⁄3 of all hours of the year, far

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6689 short of the 4.7 million megawatt-hours to improve the existing grid, not to ex- ers, it is good for the environment and that a 10-percent RPS requirement tend the grid to remote locations it is good for Kansans. would demand. Even on a capacity where wind turbines must be placed, Mr. MCCAIN. Mr. President, I agree rather then energy basis, the 200 far from where the electricity is used. that clean, renewable energy tech- megawatts would only equate to 5 per- States that have renewable resources nologies are an important part of a cent of KCP&L’s current generating ca- in sufficient quantity have already program to achieve our national en- pacity of 4,000 megawatts. moved ahead and adopted renewable ergy and environmental goals. How- KCP&L estimates that to meet the portfolio standards tailored to the re- ever, I do not believe that a Federal re- RPS requirement it would face with sources of the State. Not surprisingly, newable portfolio standard achieves wind energy, it would need as much as adoption of this amendment would con- this objective. 450 megawatts of wind. This equates to flict with the RPS programs adopted Twenty-three States have already about 297 wind turbines, each of which by 20 States that have different eligible adopted renewable technology stand- needs at least 60 acres of land, meaning renewable resources and implement ards and have committed resources to it would take upwards of 18,000 acres of timetables. find cleaner and more efficient tech- land to meet the RPS requirement. Even some of these States with their nologies to meet their energy needs. KCP&L estimates the total cost of own RPS will not be able to meet this For example, Arizona is in the process complying with the RPS proposal to be mandatory proposal. Of the 20 States of increasing its renewable target to 15 between $400 and $500 million. And with portfolio requirements, only 13 of percent by 2020, exceeding the proposed that’s just one utility that serves just them have set a standard high enough Federal standard in the amendment. I a portion of Missouri. to meet the proposed 10-percent Fed- expect that Arizona will implement its Today, the cost of all types of energy eral standard by 2020. Some of 13 that program in a manner that makes the is at unacceptably high levels. Adop- meet the 10-percent threshold may still most of the State’s solar potential in tion of this amendment would increase fail simply because their definition of the long-term. consumers’ electric bills, since if a renewable energy doesn’t meet what I do not believe that the proposed utility cannot meet the standard, it would be the national standard defini- Federal standard would help Arizona or would have to buy credits at 1.5 cents tion. They, like other States coming up any other State fully achieve their per kilowatt-hour. short will be subject to what amounts clean energy and efficiency goals. I Missouri’s average retail rate for to a Federally-mandated energy tax. also understand that the penalty for electricity is around 6 cents per kilo- I believe that, if we want to encour- noncompliance with the proposed Fed- watt-hour, making the RPS amount to age renewable energy, and we do, a bet- eral standard is significantly lower a 25-percent increase in cost to Mis- ter way of doing it, particularly for than the incremental cost of bringing souri customers for this portion of wind, is through stable tax credits. renewables on line. While I do not be- their electricity needs. This would Stable tax credits are the better solu- lieve the intent of this amendment is have particularly negative con- tion to encourage renewables. A great- to impose an energy tax on consumers, sequences for those who can least af- er need for wind developers than the I think that could be the economic re- ford it, such as the working poor and RPS is the certainty of a production ality in many circumstances. the elderly living on fixed incomes. tax credit that doesn’t annually dis- My colleague from Tennessee has ar- This is just a wealth transfer from appear and reappear. Extending this gued persuasively that this Federal States with little renewable resources credit from an annual credit to 5 or 10 RPS is primarily a wind-power bill. I to those with a lot. We do not do this years would make wind competitive in was interested to read in a fact sheet for any other source of electricity— areas of the country where it is viable from the Union of Concerned Scientists States with low cost coal or hydro- and wanted. An RPS does not make that, to achieve this 10-percent Federal power do not subsidize States that rely wind competitive in the marketplace; RPS, we would need to build almost on higher cost fuels such as natural it just raises the cost of electricity to 55,000 new wind turbines. That is an gas. Why should we have some States consumers, who are already paying too enormous number. I suspect that the subsidize others to promote a selective much for energy. This is not good en- potential adverse environmental effect fuel for producing electricity? At 1.5 ergy policy. such a massive construction project cents per kilowatt-hour, this could cost I urge the Senate to reject this have not been studied. In fact, it has Missouri consumers as much as $71 mil- amendment. already been suggested that in the rush lion a year. Mr. BROWNBACK. Mr. President, to take advantage of the current tax Such a large sum of money would be many people think only of wind tur- credit for wind generation analyses of better spent in shoring up our Nation’s bines when renewable sources of energy potential long-term consequences have transmission grid or pursuing other are discussed. However, I see great po- been neglected. clean energy sources. Missouri utilities tential for Kansas and our nation in I am not opposed to wind-power, but are voluntarily spending hundreds of the production of renewable energy I have heard from utilities in my own millions of dollars pursuing clean coal from biomass sources. We have the State that a Federal mandate of this technology to take advantage of the technology to produce electricity from sort is largely a requirement to import natural resource that is readily and grass, hay, wood, livestock manure and wind, since Arizona has very limited economically available to Missouri, many other bio-based sources that the wind resources. We are already pro- just as other States are doing what State of Kansas has in abundance. This viding substantial subsidies for wind- they can with the resources they have would not only provide a new market power and the energy tax title will pro- available, whether that is coal, natural for many of our farmers to access, but vide more. I question why we need to gas, wind, biomass or other forms of would lead to a better environment for subsidize wind to the practical exclu- energy such as nuclear. all of us by finding beneficial uses for sion of other renewables. Utilities are also spending hundreds many of these waste products. The need for energy sustainability of millions of dollars to retrofit their I believe the Flint Hills to be the and cost-effectiveness does influence plants to remove NOX, SO2, and mer- most environmentally significant my opposition to this amendment. cury from emissions, and may be sub- treasure the state of Kansas has to What we need to do, what we must do, ject to CO2 reductions as well. KCP&L offer. It’s paramount that we protect is enact a mandatory cap and trade alone is spending $280 million to meet this native land from unsightly devel- program for greenhouse gas reduction emission reduction goals. opment that will ruin this treasure for and let the market drive the tech- Adding a tax to support renewables future generations of Kansans. There- nology. A Federal RPS would stand in in other regions of the country is an fore, with my vote for a nation renew- sharp contrast to the market-based so- excessive burden on this critical indus- able portfolio standard, I urge the lutions in the Climate Stewardship and try that needs to be focusing capital State to protect Flint Hills from wind Innovation Act, which Senator LIEBER- resources on improving the trans- turbine development and focus on pro- MAN and I introduced last month. That mission grid to increase reliability. ducing renewable electricity from bio- legislation would promote clean and ef- This transmission investment is needed mass sources. It is good for our farm- ficient energy technologies

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6690 CONGRESSIONAL RECORD — SENATE June 16, 2005 without relying solely on taxpayer sub- dustry in employing clean coal tech- (b) GOAL.—It is a goal of the United States sidies or choosing particular tech- nologies. to reduce by 40 percent the amount of for- nologies over others. That is the vision Abraham Lincoln once said: ‘‘I am a eign oil projected to be imported during cal- I have for our energy future—a clean, firm believer in the people. If given the endar year 2025 in the reference case con- tained in the report of the Energy Informa- efficient and innovative mix of tech- truth, they can be depended upon to tion Administration entitled ‘‘Annual En- nologies that benefit all Americans. meet any national crises. The great ergy Outlook 2005’’. Mr. OBAMA. Mr. President, I support point is to bring them the real facts.’’ (c) MEASURES TO REDUCE IMPORT DEPEND- the amendment offered by the Senator The real facts are that without for- ENCE.— from New Mexico, Mr. BINGAMAN. This ward-thinking amendments such as (1) IN GENERAL.—Not later than 1 year after amendment is a breath of fresh air in a this one, the energy bill is not going to the date of enactment of this Act, and every bill that is filled with many stale con- bring us independence from the 20th two years thereafter, the President shall— cepts regarding our approach to this century mindset of energy production. (A) develop and implement measures to re- Nation’s energy policy. I am proud to Let us give the American public this duce dependence on foreign petroleum im- be a cosponsor of this amendment. tool so they too can rise to meet this ports of the United States by reducing petro- leum in, end-uses throughout the economy of Producing a significant amount of national energy crisis before it gets the United States sufficient to reduce total our electricity from renewable sources worse. demand for petroleum in the United States is not a concept for the future. It is a The PRESIDING OFFICER. The Sen- by 1,000,000 barrels per day from the amount real possibility that exists today using ator from New Mexico. projected for calendar year 2015; and solar, wind, tidal, gas from landfills, Mr. BINGAMAN. Mr. President, I am (B)(i) subject to clause (ii), develop and im- and biomass. In fact, 19 States around informed that the Senator from Michi- plement measures to reduce dependence on the country are using these renewable gan and the Senator from Washington foreign petroleum imports of the United source of energy to steer their States want to interrupt the remainder of our States by reducing petroleum in end-uses towards a future of clean, sustainable debate on the Bingaman amendment in throughout the economy of the United States sufficient to reduce total demand for energy use. order to discuss and do a modification petroleum in the United States by 7,640,000 In my State of Illinois and in many of the Cantwell amendment. I ask barrels per day from the amount projected other States, enacting this standard is unanimous consent that they be yield- for calendar year 2025. a no-brainer. This winter, Illinois Gov- ed whatever time they need to accom- (ii) If the President determines that there ernor Blagojevich announced a plan to plish that and it not count against the are insufficient legal authorities to achieve adopt a renewable portfolio standard Bingaman amendment. the target for calendar year 2025 in clause (i), requiring Illinois electric utilities to The PRESIDING OFFICER (Mr. the President shall develop and implement provide 8 percent renewable energy as BURR). Is there objection? measures that will reduce dependence on for- part of their overall power mix by 2012. Without objection, it is so ordered. eign petroleum imports of the United States The Senator from Washington. by reducing petroleum in end-uses through- This bold vision will make Illinois the out the economy of the United States to the second biggest wind power State in the AMENDMENT NO. 784, AS MODIFIED maximum extent practicable and shall sub- country by 2012. The city of Chicago Ms. CANTWELL. Mr. President, I ask mit to Congress proposed legislation or other also has a strong commitment to using unanimous consent to set aside the recommendations to achieve the target. renewable sources of energy and is al- pending amendment and I call up (2) REQUIREMENTS.—In developing meas- ready planning to surpass a 10 percent amendment No. 784 and send a modi- ures under paragraph (1), the President contribution from renewables in its fication to the desk. shall— electricity stream and achieve a 20 per- The PRESIDING OFFICER. The (A) ensure continued reliable and afford- cent goal. amendment is pending. able energy for the United States, consistent The amendment is so modified. with the creation of jobs and economic In the 18 other States where renew- growth and maintaining the international able portfolio standards have been suc- The amendment (No. 784), as modi- competitiveness of United States businesses, cessfully adopted, innovations in elec- fied, is as follows: including the manufacturing sector; and tricity generation have flourished at Beginning on page 120, strike line 23 and (B) implement measures under paragraph virtually no cost to the consumer. Just all that follows through page 122, line 14, and (1) under existing authorities of the appro- imagine what would happen to this in- insert the following: priate Federal agencies, as determined by dustry of the future if we enacted a SEC. 151. REDUCTION OF DEPENDENCE ON IM- the President. Federal standard. And, here is the best PORTED PETROLEUM. (3) PROJECTIONS.—The projections for total (a) FINDINGS.—Congress finds that— news: According to the Union of Con- demand for petroleum in the United States (1) based on the reports of the Energy In- under paragraph (1) shall be those contained cerned Scientists, a 10 percent renew- formation Administration entitled ‘‘Annual in the Reference Case in the report of the able portfolio standard on the Federal Energy Outlook 2005’’ and ‘‘May 2005 Month- Energy Information Administration entitled level would not add a single penny to ly Energy Review’’— ‘‘Annual Energy Outlook 2005’’. consumers’ bills. (A) during the period beginning January 1, (d) REPORT.— Introducing renewable electricity 2005, and ending April 30, 2005, the United (1) IN GENERAL.—Not later than 1 year into the mix of electricity generation States imported an estimated average of after the date of enactment of this Act, and also brings us a measure of physical se- 13,056,000 barrels of oil per day; and annually thereafter, the President shall sub- (B) the United States is projected to im- mit to Congress a report, based on the most curity. By creating geographically dis- port 19,110,000 barrels of oil per day in 2025; persed sources of energy generation, we recent edition of the Annual Energy Outlook (2) technology solutions already exist to published by the Energy Information Admin- are providing ourselves with greater dramatically increase the productivity of istration, assessing the progress made by the electricity security by providing small- the United States energy supply; United States toward the goal of reducing er targets and reducing the transport (3) energy efficiency and conservation dependence on imported petroleum sources of combustible materials. This is smart measures can improve the economic com- by 2025. policy at a time when we must be vigi- petitiveness of the United States and lessen (2) CONTENTS.—The report under paragraph lant about homeland security. energy costs for families in the United (1) shall— Our country’s demand for electricity States; (A) identify the status of efforts to meet (4) United States dependence on foreign en- is expected to continue growing for the goal described in subsection (b); ergy imports leaves the United States vul- (B) assess the effectiveness of any measure decades to come. Enacting a renewable nerable to energy supply shocks and reliant portfolio standard ensures that clean implemented under subsection (c) during the on the willingness of other countries to pro- previous fiscal year in meeting the goal de- technologies will help us meet that en- vide sufficient supplies of oil; scribed in subsection (b); and larged demand, while not offsetting the (5) while only 3 percent of proven oil re- (C) describe plans to develop additional importance of investing in clean tech- serves are located in territory controlled by measures to meet the goal. the United States, advances in fossil fuel ex- nologies in other energy production (e) SAVINGS CLAUSE.—Nothing in this sec- traction techniques and technologies could methods, especially coal. Coal will un- tion precludes the President from requesting increase United States energy supplies; and additional authorities to achieve the targets doubtedly play a large role in our en- (6) reducing energy consumption also bene- in subsection (c). ergy portfolio for years to come, and I fits the United States by lowering the envi- look forward to a vigorous debate on ronmental impacts associated with fossil Ms. CANTWELL. Mr. President, I how we can best assist the utility in- fuel use. know the Senator from Michigan has

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6691 given a great deal of thought to this nology neutral. According to this col- Ms. CANTWELL. This amendment issue and to the modified amendment, loquy, the amendment does not assume neither assumes nor proposes an in- and I yield the floor to him. or propose an increase in CAFE stand- crease in CAFE standards. In fact, The PRESIDING OFFICER. The Sen- ards. All of the other potential some have erroneously concluded that ator from Michigan. changes, technologically, that could increasing CAFE standards is the only Mr. LEVIN. Mr. President, I thank help get us to where we want to go, in- means of achieving the goal estab- our friend from Washington for making cluding diesel technologies that are so lished by the Cantwell amendment. this modification. This is a very impor- important, hybrid technologies, hydro- Multiple analyses by national security- tant modification from my perspective. gen technologies—it does not put those related organizations and others have But for this modification, the language specific technologies in place, either concluded that increasing CAFE stand- of the amendment would propose that requiring them or, of course, not pre- ards is not necessary to attain savings the goals that are set forth—which are cluding them because this is tech- of 7.6 million barrels of oil a day by only goals but nonetheless they are nology neutral. That becomes criti- 2025. In addition, it is important to goals—would need to be achieved by cally important because, again, with- note that some have circulated erro- implementing measures ‘‘under exist- out those technologies there is no way neous estimates of CAFE standard in- ing authorities of the Federal agen- we can achieve these goals. But there creases necessary to achieve the goal cies.’’ is no effort in this amendment to iden- in the Cantwell amendment, attributed That is the language which is in tify the specific technologies or the to the Energy Information Administra- 151(c)(2)(B) of the amendment. That is mechanisms by which these goals tion, EIA. The staff of the EIA has said lines 8 and 9 on page 4 of the amend- would be achieved. Particularly impor- that these flawed estimates have no ment. tant, obviously, is the language that grounds in analyses performed by the Now, that is very problematic lan- states that the amendment does not as- EIA. guage and unacceptable language be- sume or propose an increase in CAFE Mr. LEVIN. Does the amendment as- cause if we are going to achieve the standards, and another part of the col- sume an increase in ethanol production goals that are set forth, if we have any loquy makes it clear that the amend- and use? chance of doing so, it would have to be ment neither assumes nor proposes reg- Ms. CANTWELL. Because the amend- with significant changes in our au- ulatory changes to the CAFE system ment is technology-neutral and simply thorities—for instance, in the tax in- and that is not part of this amend- lays out a vision, accelerated ethanol centives which would be so essential in ment. production and use is not specifically order to achieve a reduction in imports So the colloquy will speak for itself. assumed. However, there is no question of oil. There is no way I can see or that It is a lot longer than I have just sum- that biofuels can play an important many others can see that we could marized, but it is a very significant role in achieving the goal established achieve the kinds of reductions that colloquy to me in terms of what the by the Cantwell amendment, by dis- are hoped for without significant tax amendment does and what it does not placing imported petroleum-based incentives being put into the law—tax do. products with domestic fuel derived incentives that do not now exist. I thank the Senator from Washington from plant matter. In fact, it has been There are some existing authorities for working out this colloquy with me. estimated that increased domestic and some existing tax incentives, but MODIFICATION OF CANTWELL AMENDMENT 784 biofuels production can contribute they do not come close to what they Mr. LEVIN. The amendment sets a more than half of the oil savings goal must be if we are going to reduce the goal for a savings of 7.6 million barrels established by the Cantwell amend- amount of imported oil that we use. So of oil by 2025. Are there assumptions ment. It is also worth noting that the it is important to me that the existing made by the amendment? underlying bill contains important pro- authorities language either be removed Ms. CANTWELL. This amendment is visions that will help accelerate the or superseded in this amendment so technology-neutral. It simply lays out production of ethanol and other alter- that the President could seek and we a vision that the United States should native fuels, including provisions I au- could grant, if we so chose, new author- attempt to achieve over the course of thored that would provide incentives, ity, additional authorities, new tax in- the next 20 years. The only assumption research, development and demonstra- centives, for instance, to move to new underlying this amendment is that the tion of processes to produce ethanol technologies. That is the effect of the United States has the ingenuity and in- from cellulosic sources. While not spe- modification to the amendment that novative spirit to reverse the rising cifically prescribed by the Cantwell en- was sent to the desk, which reads: trend of American dependence on for- ergy security amendment, these meas- Nothing in this section precludes the eign oil imports. Today, foreign oil ures would assist substantially in President from requesting additional au- constitutes approximately 58 percent of achieving the amendment’s goal. thorities to achieve the targets in subsection our domestic supply, a figure that is Mr. LEVIN. Does the amendment as- (c). projected to reach 68 percent by 2025. sume an increase in use of biodiesel So that change seems to be very es- Because of the nature of world oil mar- fuels and technology? sential since there is no practical way kets and the geologic fact that two- Ms. CANTWELL. Again, increased that these goals can be met, in my thirds of global reserves are located in use of biodiesel fuels and technology is book—either the short-term goals of the Middle East, the United States is not specifically assumed by the Cant- one million barrels per day or the long- on track to become increasingly de- well amendment. However, these fuels term goals of 7.64 million barrels per pendent on OPEC to fuel our economy; can also help achieve the amendment’s day—unless there are changes in our and will be competing with developing goal. It is worth noting that one of the tax structure and the other authorities nations such as China for access to barriers to achieving cost-effective bio- that we provide in the executive these oil supplies. Because of the eco- diesel production is increasing the di- branch. This savings clause now makes nomic and national security implica- versity of feedstocks from which bio- it clear that both as to the short-term tions of foreign oil dependence, this diesel can be economically produced. and the long-term goal for savings, amendment simply states that it is in The key to unlocking the potential of there is not a limit in the amendment the national interest of the United biodiesel is performing the research, to using existing authorities but rather States to attempt to curb our appetite development and demonstration of new additional authorities can be sought by for imported oil. The underlying bill technologies that will allow the co-pro- the President. provides a number of tools to help this duction of biodiesel fuel and value- I thank the Senator from Washington country achieve the goal established by added bioproducts that lower overall for making that change. In the col- my amendment, and there are many costs. I was proud to add specific provi- loquy between myself and the Senator potential pathways to its attainment. sions to this underlying legislation from Washington, it makes clear that However, none of them are specifically that authorize an Advanced Biofuels the amendment does not assume or re- assumed by the Cantwell amendment. Technology program, designed to ac- quire changes in technologies or CAFE Mr. LEVIN. Does the amendment as- celerate the development of these proc- standards or anything else. It is tech- sume an increase in CAFE standards? esses. Again, while one of the potential

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6692 CONGRESSIONAL RECORD — SENATE June 16, 2005 tools the U.S. can use to achieve the nology, and initiatives or programs in world’s reserves, the Middle East is goal, additional biodiesel production is this regard may ultimately be con- home to two-thirds, with a full quarter not explicitly assumed by the Cantwell sistent with the Cantwell amendment. located in just one country, Saudi Ara- amendment. But they are neither specifically as- bia. In order to curb our growing reli- Mr. LEVIN. Does the amendment as- sumed nor required. ance on imports, it is thus necessary to sume an increase in the use of diesel Mr. LEVIN. Does the amendment as- reduce demand for petroleum itself, engine technology? sume the Congress will provide other across all sectors of the economy. Ms. CANTWELL. While advances in new authorities to the President? Mr. LEVIN. To achieve the one mil- diesel engine technology are another Ms. CANTWELL. The Cantwell lion barrels of oil a day in savings re- potential tool for accelerating oil sav- amendment establishes a national quired by 2015, must the President use ings, they are not specifically assumed goal. As such, it directs the President existing authorities, or can the Presi- nor mandated by the Cantwell amend- to design and implement measures de- dent seek additional authority? ment. signed to help achieve the goal, and as- Ms. CANTWELL. There is nothing in Mr. LEVIN. Does the amendment as- sumes that, if the President deems his this amendment that precludes the sume a major increase in the use of hy- existing authorities insufficient, he President from requesting additional brid electric vehicle technology? will propose to Congress legislation or legal authority to achieve the target Ms. CANTWELL. Because the amend- recommendations that would help for 2015. Certainly, any legislative pro- ment lays out a vision rather than achieve the amendment’s energy secu- posal or recommendations from the mandating specific measures, increased rity target. At that time, it would be President would be considered by Con- hybrid use is not specifically assumed. up to Congress to consider the merits gress, through the typical legislative However, some have estimated that of the President’s proposals, via the process. Rather, the provision in growth in the hybrid vehicle market typical legislative process. (c)(2)(B) is intended to make clear that can achieve oil savings of up to 2 mil- Mr. LEVIN. Does the amendment as- this amendment, on its face, does not lion barrels a day by 2015, 10 years be- sume that there are adequate ‘‘existing grant the President any broad, new ad- fore the Cantwell amendment’s ulti- authorities of appropriate Federal ditional authorities not previously con- mate goal. Taken together, biofuels agencies’’ to meet the goal of saving templated. production and growth in the market 7.64 million barrels of oil per day by Mr. LEVIN. If the President can seek for hybrid vehicles could provide more 2025? additional authority to meet the re- than two-thirds of the energy security Ms. CANTWELL. The amendment as- quirement to save 1 million barrels of goal established by the Cantwell sumes that the President has at his oil a day, would the Senator be willing amendment. disposal adequate authority to develop to modify the amendment to make Mr. LEVIN. Does the amendment as- and implement measures that will help that clear? Ms. CANTWELL. Yes. sume a major shift to use of renewable achieve the goal of reducing imports on The PRESIDING OFFICER. The Sen- foreign oil. However, the amendment is hydrogen and fuel cell vehicles? ator from New Mexico. technology-neutral and establishes a Ms. CANTWELL. There is no ques- Mr. BINGAMAN. Mr. President, I ask tion that hydrogen provides another 20-year vision. As such, it is difficult to how much time remains on the Binga- potential pathway to achieving sub- predict with any specificity what direc- man amendment. stantial oil savings in the United tion new technologies may take, and The PRESIDING OFFICER. The Sen- States. However, because the tech- whether issues may arise that require ator from New Mexico has just under 23 nology remains at a relatively early additional legislation or Congressional minutes. The majority side has 10 min- stage in its development, no specific action. For example, if biofuels begin utes 40 seconds. estimates exist for the economic and to displace a significantly larger por- AMENDMENT NO. 791 energy efficiencies this technology tion of petroleum-based fuels in the Mr. BINGAMAN. Mr. President, I will may provide. It is not specifically as- United States, certain infrastructure- take part of the time remaining for me sumed by the Cantwell amendment. related barriers may arise that require to respond to a few of the points made Mr. LEVIN. Does the amendment as- additional authority or Congressional by my good friend from Tennessee and sume an increase in tax incentives to action. Similarly, there are certain to clarify the effect of this amendment as encourage use of advance technologies? be issues associated with infrastruc- best we understand it. Contrary to Ms. CANTWELL. Certainly, tax in- ture, interoperability and inter- what a person might believe by listen- centives can help spur the development national technology standards associ- ing to a lot of the debate today, this is of markets for advanced technologies, ated with the development of hydrogen not an amendment just about wind- and help expand the choices available fuel cells. Because the Cantwell amend- mills. This is an amendment about try- to American consumers. But these are ment is a call to accelerate the devel- ing to stimulate the development of a not specified or assumed within the opment of alternatives to petroleum- range of technologies, solar tech- Cantwell amendment. based fuel, yet does not purport to nologies, biomass technologies, wind Mr. LEVIN. Does the amendment as- choose technology winners and losers, technologies, clearly, and get the cost sume regulatory changes in how the it is premature to speculate on whether of producing electricity from those dif- CAFE system works? additional authorities or Congressional ferent technologies down to a more Ms. CANTWELL. The amendment action may be required. However, it reasonable level. That is the purpose of neither assumes nor proposes regu- does assume that proposals to expand the legislation. latory changes to the CAFE system. I the range of tools available to the My good friend from Tennessee says view the debate regarding the efficacy President to achieve the Cantwell that in his opinion, based on his under- of the existing CAFE program as be- amendment’s goal would be considered standing of the position the Energy In- yond the scope of this amendment, through the normal channels of Con- formation Agency has taken, this which lays out a national vision for re- gressional debate and approval. would result in an increase in elec- ducing American dependence on for- Mr. LEVIN. Does this amendment set tricity rates, or electric rates. He reads eign oil imports. Certainly any changes a goal of reducing imported oil or re- their analysis and their recent report to the CAFE system’s regulatory re- ducing overall use of fossil fuel? in a totally different way than I do. It gime would require additional legisla- Ms. CANTWELL. The goal of this is very clear this does not cause an in- tive action, action that is not assumed amendment is to reduce our foreign oil crease in electricity rates. It causes a in the Cantwell amendment. imports and exposure to the uncertain- decrease. It is clear it does not cause Mr. LEVIN. Does the amendment as- ties of world oil markets. Because of an increase in gas prices. It causes a sume regulatory changes that would the geologic realities of the way in decrease. It is clear it does not cost the allow for greater use of diesel tech- which oil reserves are distributed electric power sector more. It costs the nology? across the globe, continued increased electric power sector less than it other- Ms. CANTWELL. Certainly other na- demand for oil will result in a growing wise would be spending. tions have begun the transition to dependence on imports. While the U.S. Let me talk about this $18 billion he more wide-spread use of diesel tech- is situated on just 3 percent of the continues to refer to. It does say in

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6693 their report that from 2005 to 2025, the hope very much we can pass it again Certainly, I want to endorse this par- renewable portfolio standard has a cu- this time. It will strengthen the bill, it ticular amendment as a great step for- mulative total cost to the electric will persuade the American people that ward, saying we can do more with re- power sector of about $18 billion. Now, we are trying to move this country in newable technology. that is true. Then it goes down a cou- a different direction, as far as its en- I would like to turn to the Cantwell ple of sentences further on. It says, the ergy future is concerned. amendment, on which we are going to cumulative expenditures for natural We are not satisfied with just saying have a vote I believe at 2:15, and sum- gas and electricity by all end user sec- that current technologies are adequate. marize, for my colleagues who might tors taken together will decrease by We are not satisfied with saying the have missed yesterday’s discussion, a $22.6 billion. So what it is basically current mix of energy sources is ade- few points I think are important as we saying is if this amendment is adopted, quate. We are trying to get back to talk about our reliance on imported oil which I hope very much it will be, more use of American ingenuity and and the fact we want to diversify. there will, in fact, have to be more in- creativeness to produce energy that we In the New York Times, there was an vestment by the utility sector, by the do not have to import from somewhere article about OPEC and their increases electric power generation companies, else in the world. in quotas for various OPEC countries. in these alternative fuel generation I hope my colleagues will support It is interesting, and every day Ameri- technologies, these alternative energy this amendment. We will have a chance cans want to know what is going to sources. But it will be more than offset to summarize very briefly the reasons happen with oil futures and gas prices. by what they save in fossil fuels and for the amendment. I will have a You look to find out what OPEC is what they save in investment in those chance, and my colleague from Ten- doing. This article, I think, brings up other areas. nessee will have a chance, to argue the the very point we were trying to make As far as rates are concerned, it is other side of that argument before we yesterday; that is, that China’s demand very clear in this language, and I will have the vote. As I understand our for oil continues to grow. In fact, this read this again. It says: ‘‘Compared to agreement now, the Senator from article says that global oil consump- the reference case.’’ That means with Washington is going to have an oppor- tion climbed 2.4 or 2.5 million barrels a the amendment. It says: ‘‘The cumu- tunity to once again argue the merits day in 2004, the fastest growth rate lative residential expenditures on elec- of her amendment. That vote will since 1978. That is world demand for en- tricity from 2005 to 2025 are $2.7 billion occur, I believe, at 2:15. Then, after ergy increasing. Basically, that was a lower’’—that is with the amendment— that, we will have the vote on this result of China’s increasing energy con- ‘‘while the cumulative residential ex- RPS. sumption. We know what the trends penditures on natural gas are $2.9 bil- With that, I yield the remainder of are, and we know what the challenges lion lower with the amendment.’’ my time to the Senator from Wash- are that are facing us. Residential expenditures it is talking ington. I found it interesting, too, that the about. These are the ratepayers that AMENDMENT NO. 784 New York Times article talked about we all represent in our individual The PRESIDING OFFICER. The Sen- how OPEC was actually concerned that States. They are saying that, if this ator from Washington. alternative fuels might affect their fu- amendment is adopted, it is going to be Ms. CANTWELL. Mr. President, I ture price of product. They are almost cheaper for them to pay their gas bills, thank the Senator from New Mexico telling us, yes, they are a little con- cheaper for them to pay their elec- for his fine amendment. I would like to cerned about competition from alter- tricity bills in the future because, take a minute to state that I am a co- native fuels. frankly, this will take some of the sponsor of the Bingaman amendment I welcome that. I think it is about pressure off the price of natural gas. and very much believe in the renewable time that America make an invest- That is very much to be desired. portfolio standard for our electricity ment in alternative fuels and about Let me read further from their re- grid. I guess if you looked at the time we give consumers a choice when port. They say: ‘‘The increase in renew- Northwest, particularly Washington it comes to the demand and supply of able generation’’—which is con- State, you would say we are already oil in the future and not continue to be templated by this amendment—‘‘will using 80 percent renewable energy be- held hostage by foreign governments. lead to lower coal and natural gas gen- cause 80 percent of our electricity grid I would like to review for my col- eration. By 2025, coal generation is re- is provided by our hydro system. So leagues what exactly the Cantwell duced by almost 9 percent, natural gas we, in the Northwest, are very big be- amendment does because it is so im- generation reduced by over 5 percent lievers in renewable power. portant that we understand what the from their respective reference case But we also believe in the other tech- underlying bill does and what our chal- levels.’’ That is from the level that it nology that is in the underlying lenges are as a country going forward. would be if we didn’t adopt this amend- amendment and in the underlying bill In 1973, we were importing only 28 ment. that will help us support renewable percent of our demand—our U.S. de- So in my view, this is a very substan- technologies. We have a lot of wind mand—for oil. We were importing 28 tial improvement. This legislation, farms. We have had a lot of discussion percent of what we used as a country. this amendment will be a substantial out here on the floor this morning Today, 2004, we are at 58 percent, a improvement to the underlying bill about wind energy. We, in Washington huge jump, a huge dependency by the which I think is a very good bill. I do State, are already employing wind en- United States on a foreign source to not disagree with anything the Senator ergy in a variety of locations in our provide us an oil supply. from Tennessee said about the advis- State and getting great response. In When I look at the countries involved ability and desirability of seeing more some areas, it is some of the best job and I look at the instability in the nuclear power generated in our coun- growth we have had in rural commu- Middle East, I don’t want to be 58 per- try, the advisability and desirability of nities. Farmers love it because, aside cent reliant on foreign sources of oil. I seeing cleaner technologies used in from providing an agricultural product, want American ingenuity to be a driver coal production. All of that is in the they get a second source of revenue in what we can provide to the Amer- underlying bill. What this amendment from their land by having agriculture ican people in driving down the cost of says is let’s give an extra impetus to and wind technology on their farms. It energy. renewable power so that we can get all works very well for our farmers, and If we do nothing, in 2025, the United of the benefit from renewable power the combination of hydro and wind States will be importing 68 percent; that it is reasonable for us to achieve technology works very well for Wash- nearly 70 percent of our oil supply will over the next couple of decades. ington state and the Northwest. come from abroad. Who in their right That is exactly the purpose of the But we also have solar power. We are mind thinks that 70-percent depend- amendment. I think that is what the about to have one of the first dem- ence on foreign oil is wise economi- effect of the amendment will be. We onstrations of wave power. We, in the cally, to our national security, or have had the good fortune of passing Northwest, are using all sorts of renew- internationally as we have to deal with this amendment before in the Senate. I able technology to meet these goals. international competition? Why would

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6694 CONGRESSIONAL RECORD — SENATE June 16, 2005 we want to be almost 70-percent reliant ing 80 percent of their fuel supply from actually do agree with them that re- on foreign entities for something that foreign sources. They made a decision ducing our dependence on foreign oil is the backbone of our economy—en- that was too much for them, both eco- should be a national priority and a na- ergy? nomically—I don’t know if there are tional goal. That is why we have craft- I am offering a simple amendment. security issues—but economically they ed this amendment this way. My amendment simply says by 2025, in- thought that was not wise so they We simply want to say to our col- stead of being reliant on foreign started a process of taking steps. In leagues and to the President of the sources for 68 percent of our supply, we 1990, they almost cut that in half. By United States that we believe increas- bring that down to 56 percent. That is 2003, they were down to importing only ing our consumption of foreign prod- not much of a change. We are at 58 per- 11 percent of their fuel supply. Next ucts as a way to support our economy cent today, and we want to go down to year, they might achieve the great is not a wise decision, given what 56 percent. That is a modest goal. milestone of not only becoming self- growth and demand and oil prices are It is hard to achieve because our sufficient but actually becoming an ex- going to be. Yesterday, the market amendment assumes the growth and porter of fuel to other countries. closed at $56.20 for oil. Economists at demand that will happen as our Nation They have done this because they various Wall Street firms are saying we grows. That is why we have to assume made an investment in ethanol. They could easily see an oil spike of $100 a in 2025 we will be at 68 percent, and we made decisions about their transpor- barrel. They say that oil futures have a want to see a serious reduction. That is tation sector so they could run on fear premium on them; that is, there the way my amendment is crafted. biofuel products. They have changed has been lots of discussion about how The underlying bill says we are cur- the economic picture of their country. the price of oil futures is basically im- rently at 58 percent and let’s reduce Is there something Brazil possesses pacting the price of oil on a day-to-day our consumption of foreign oil by 1 that the United States cannot achieve? basis. That is right, the speculative million barrels a day. One million bar- Are they smarter than we are? Do they market about energy futures in oil ba- rels a day by 2015 still has us importing have greater political will than we do? sically causes the price at the pump 60 percent of our supply from foreign Do they have more consumers holding today to increase. I find that unfortu- sources. In 2015, instead of consuming their politicians accountable than we nate because the speculative price of 58 percent of our oil supply from for- do? What Brazil showed is they have a oil futures takes into consideration eign sources, we would be at 60 percent. resolve because of their own national those nine countries I mentioned, the The underlying goal in the bill does interests to get off the foreign addic- fact that you could have a terrorist at- nothing to get us off our overreliance tion to oil. I applaud them for that. tack, the fact that you could have un- on foreign oil. It is the status quo and They are only one-eighth the size of rest in a region and that somehow sup- a bump in an increase. It is too timid our economy, but they are proven to be ply would be diminished, thus affecting in responding to what has been a smart enough to figure out how to the price of oil futures. gouging of the American consumer on make sugar-based ethanol in a cost- Economists and people on Wall gas prices. productive way, so efficient they can Street—Goldman Sachs and others— This debate we have just had for the send it to the United States cheaper basically say there is a fear premium last couple of hours is interesting be- than we can produce it to the degree on the price of oil futures; that is, we cause a lot of my colleagues have said that some of my colleagues want to put are paying more for oil because we are they refuse to support a mandate. They a tax on it so that it is on a more level paying for the uncertainty and the in- do not want to have a mandate in this playing field with what sugar-based stability in the political and geo- bill. I am not proposing a mandate. It ethanol in the United States costs. To graphic region where oil exists. That is is interesting: Some Members do not me, the Brazilians have come up with what I am supposed to tell Washington support mandates. They do not even something. State residents as to why they pay support goals. The American people de- I ask my colleagues, if you do not some of the highest gas prices in the serve, on something as important as want mandates and you do not want country? That is why they should pay our national security and economic goals and you do not want to get off almost $2.30 a gallon for gasoline? That livelihood, to have this Senate, in our overdependence on foreign oil by is why I should tell people they have transportation and energy policy, set a setting a milestone or coming up with lost their pensions in the airline indus- goal to get off our overdependence on a goal or statement, what is it that you try because the airline industry has foreign oil. Are my colleagues just giv- do want to do? The underlying bill in- not passed on the high fuel costs? That ing lip service to this idea of a goal of creases our dependence by 2015 on for- is what I am supposed to tell the farm- getting off overdependence on foreign eign oil to 60 percent. We are at 58 per- ers who cannot keep their farms run- oil? Or are we willing to set a goal and cent today. It increases it to 60 per- ning because of high fuel costs, or do something about it? cent. So we have accomplished nothing somebody who has lost their job in a I have pointed out that the goals we in the goal in the underlying bill. transportation-sensitive industry. I am have are doable. My amendment does I would like to set, primarily for supposed to tell them that I am going not say specifically how or what the international reasons, a goal to get off to continue to put an energy goal in mandate is. We have simply said, that our dependence on foreign oil because legislation that makes us more depend- from various studies, we know we can these are our suppliers. These are the ent on foreign oil than we are today? get the savings my amendment calls countries where the majority of U.S. No. We want to reverse the trend. for in a goal. Here are a variety of oil supply comes from: Saudi Arabia That is what the Cantwell amendment sources: Fuel efficiency for tires and sits on the largest percentage of oil re- does. It is not a mandate. It is a goal. motor oil. The encouragement of a serves in the world today. I wish geog- It says that instead of being more de- biofuels industry. A big chunk of this raphy and geology had been kinder to pendent on foreign oil in 2015, as the comes from alternative fuels. That is the United States and that we sat on underlying bill directs us, let’s become why OPEC, in today’s paper, says they more than 3 percent of oil reserves. But less dependent. Let’s go from 58 per- are very concerned about this because we don’t. We do not have that product. cent, where we are today, down to 56.5 they know it is competition. They real- We have a very small percentage of the percent. It is a goal we can achieve. It ize it is competition. Why don’t we re- world reserve for oil. That is a fact of is a goal I am willing to set as a legis- alize it is competition and ensure we life. These are the countries and this is lator for our country because I believe get about making an alternative prod- the State ownership of companies that in the ingenuity of Americans to uct? are part of OPEC and have the oil sup- achieve this goal. Other countries certainly have this ply of the future. There is nothing the country of idea. One is Brazil and based on their I didn’t expect I would be in the Sen- Brazil can do that the United States overdependence on foreign oil they ate agreeing with George Shultz and cannot do. I guarantee you that if we came to the same conclusions. They James Woolsey and a bunch of set our resolve to do it as a nation, we did not want to be in the same boat we neoconservatives who were espousing will achieve this goal as well. The rea- are in today. In 1975, they were import- ideas about our national security, but I son why we, as a government entity,

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6695 need to set this goal is because the pri- The legislative clerk proceeded to our dependence on foreign oil?’’ since vate sector is going to diversify at its call the roll. most people agree that would be a good own darn pace; that is, the oil compa- Mr. DURBIN. Mr. President, I ask thing. nies will decide what their investment unanimous consent that the order for Well, there is one provision in the in new technology and alternative fuels the quorum call be rescinded. bill which suggests that over the next is at their own pace, their own wishes, The PRESIDING OFFICER. Without 10 years we would reduce our demand their own response to their corporate objection, it is so ordered. for foreign oil by 1 million barrels a shareholders, not at the interest of in- Mr. DURBIN. Mr. President, I am day. dividual consumers who are getting sure many people have been following That is about 6 or 7 percent of the strangled by the high cost of gasoline. closely the debate on the Energy bill, total amount that is being consumed It is our job to set this goal and that an 800-page bill that is trying to set the each day in the United States, but it is is why we are on the Senate floor energy policy for America. It is an im- a step forward over the next 10 years. It today. We are here to say we agree portant piece of legislation we have de- is something the Senate agreed on 99 to with the American farmers that they bated for several years. It has so many 1. So over 10 years we will think of can produce a biofuel product in the fu- different sections involved in all the strategies which will reduce our de- ture that can be competitive, that we aspects of energy. It has as its goal pendence on foreign oil at least a mil- agree with neoconservatives that the making certain that America has lion barrels a day. That is in the bill. It security risk of being 70 percent de- enough energy to fuel its economy, is a good provision. pendent on foreign oil is too great a se- making certain that we use that en- Two days ago, President Bush sent a curity risk for our Nation, that we ergy in a responsible fashion so it does letter to us and said: You keep that agree with technology and research ex- not create pollution that would cause provision in the bill, and I will veto the perts that American ingenuity can get environmental harm. These are some of bill. Stop and think: Why? Why us to this 56.5-percent goal. the basic elements of what we are try- wouldn’t the President want us to I ask my colleagues, what is wrong ing to achieve here. move as a national goal to reducing with setting this goal? Let’s not con- But the pending amendment we have our dependence on foreign oil? It tinue to give lip service to a goal of before us comes to a basic conclusion makes no sense. It is a tax on our econ- getting off our foreign dependence and that I think most Americans agree omy. It is a question of national secu- then do nothing about it in a legisla- with. America cannot be a safer and rity. But, in fact, that is what the tive proposal. Let’s show the American more secure nation in the future if we White House said. If you put a provi- people we are concerned about the eco- are more dependent on foreign oil. The sion in here to reduce our dependence nomic hardship they are facing and more we have to depend on Saudi Ara- on foreign oil by 1 million barrels a day that we believe in American ingenuity. bia and Kuwait and other countries to over the next 10 years, I will veto the We believe in our farmers. We believe send their oil to us, the less secure we bill. I don’t understand. In fact, I think in our technology leaders. We believe are. The more independent we are in the President has it exactly wrong. We that we, as a country, can achieve this terms of our own energy needs and pro- should be even more ambitious and great goal. If the last generation of duction, the stronger we are as a na- more innovative in our view toward Americans were smart enough to put a tion. this challenge. man on the Moon in a decade, this gen- In 1973, we imported 28 percent of the Senator CANTWELL has an amend- eration of Americans ought to be smart oil we consumed. Today, 32 years later, ment now pending that will be voted on enough to reach this goal. I ask my we are importing 58 percent, more than soon. Her amendment says: Keep to colleagues to have the courage to set it double. We are that much more depend- that goal over the next 10 years, but in a piece of legislation as a mark for ent on foreign countries to provide us over 20 years, let us reduce our depend- us to achieve. with oil, which means two obvious ence on foreign oil by 40 percent of I yield the floor and suggest the ab- things. If the OPEC cartel should de- what we anticipate. So what does it sence of a quorum. cide they want to restrict the oil they mean? Fifty-eight percent of the oil we The PRESIDING OFFICER. The will produce, prices will go up in the clerk will call the roll. use is imported. If we do nothing, in 20 United States. Reduce the supply, and years, it will be 68 percent. More than The legislative clerk proceeded to if demand stays the same, the price call the roll. two-thirds of the oil we use will come goes up. It is a basic law of economics. from overseas. If we adopt the Cantwell Mr. CRAIG. Mr. President, I ask And they have done it. You have seen unanimous consent that the order for amendment, it will go down to 56 per- it at the gas pump. cent of the oil we use in 20 years being the quorum call be rescinded. When the OPEC cartel sits down and The PRESIDING OFFICER. Without imported. It is still a lot. But keep in tries to figure out ‘‘How can we make mind, the economy is going to grow. objection, it is so ordered. the maximum profit?’’ they do not shed Mr. CRAIG. Mr. President, I under- Energy needs are going to grow. We are tears for American families and con- stand—because of certain committee going to find ways to work together to sumers and businesses. They try to fig- meetings and time considerations— reduce dependence on foreign oil. ure out how they can make the max- that we have been asked to extend the I would think most families and peo- imum profit on the oil they have in the time in which there will be a vote. So ple who think about our environment ground. They have the vast majority of I ask unanimous consent that the time and think about our economy would the oil resources in the world today. of 2:15 be extended until 2:30 on a vote applaud the idea of setting this as a na- The second thing we know is that if tional goal, a challenge to the Presi- on the two amendments that are on the you want to strike a crushing blow at floor and that time be equally divided dent, to Congress, and to the American the American economy, you may con- people: Find ways to reduce our de- between both sides. sider attacking the United States, but The PRESIDING OFFICER. Is there pendence on foreign oil. It will make us it may be a lot simpler to attack our objection? stronger as a nation. It will make our The Senator from Washington. oil supplies coming into the United economy stronger. Instead of sending Ms. CANTWELL. Mr. President, I am States. If, God forbid, they could inter- billions of dollars overseas to the Saudi not objecting, but I am just asking for rupt those oil supplies coming into the oil princes, the money comes into the the yeas and nays on my amendment. I United States, it would really create a United States for investment in our think moving to 2:30 is fine, given the dangerous situation. own economy, building businesses, markup. So the more dependent we are on helping people prosper and create jobs. The PRESIDING OFFICER. Without that foreign oil, the less secure we are Sadly, there is resistance to this objection, it is so ordered. when it comes to the price of energy amendment, the idea of setting this Mr. CRAIG. I thank the Chair. and the availability of energy. You goal. There are those who say: Don’t Mr. President, I suggest the absence would think that one of the things we set any goals. Leave it alone. Don’t of a quorum. would try to do as part of a national touch it. The PRESIDING OFFICER. The energy policy is to think ahead 10 How could you possibly draw that clerk will call the roll. years, 20 years, ‘‘How can we reduce conclusion from the current situation?

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6696 CONGRESSIONAL RECORD — SENATE June 16, 2005 Left untouched, we will continue to be floor—on the other side of the aisle, project and got the job done. When dependent on foreign oil and our econ- particularly—and have argued against John Kennedy came to the Presidency omy will suffer. setting this goal of lessening our over- in 1960, he said: We will put a man on How do you reach a goal of reducing dependence on foreign oil. One of the the Moon. And in 9 years, it happened. dependence on foreign oil by 40 percent arguments they make is: If you do this, He challenged America, and we rose to over the next 20 years? There is a vari- you are going to have to have more the challenge. We can rise to the chal- ety of ways. There are ways within this fuel-efficient cars and trucks, as if that lenge, and we must. Otherwise, we will bill to do it—some large, some small. is something that should be avoided in continue to be dependent on foreign Some have to do with the most basic America. Why would we avoid that? sources of oil. thing, the tires on our automobiles. Take a look at Ford Motor Company. When I consider some of the chal- Replacement tires give more fuel effi- They had a huge advertising drive to lenges we face, I look at the loss of ciency and reduce the oil consumption tell us about their new Ford Escape hy- jobs. It troubles me. In the State of Il- and the gasoline consumption. Idling brid. They had so many requests to buy linois, 400,000 or 500,000 manufacturing trucks—have you ever gone by a truck- that car, they couldn’t make it fast jobs in the last several years have been stop? They are all over my State of Il- enough. I think Ford produced about lost. I don’t know if these jobs are ever linois. There are lines and lines of 20,000. There were some 50,000 people coming back. I have been to Galesburg these tractors with trailers behind who wanted to buy it. They liked the and places around our State where them with the engines running con- idea, a small SUV that has an electric good-paying jobs have disappeared. A stantly, around the clock, idling en- engine as part of it that is going to get lot of them have gone to China. China gines burning up oil just to keep that better gas mileage. Ford was moving in has one of the fastest growing econo- engine alive and ready to perform when the right direction. I know about this mies in the world. the driver comes out and is ready to because my wife and I decided to buy We just had a little presentation in go. There is a provision in this bill that one. We like it. I wish it got better the other room. The CEO of General talks about smarter ways to do that. Is mileage than it does, but we didn’t Electric Energy was there. He said there a way to use an electric engine to make any great sacrifice in our way of China is in a position to dominate the keep that tractor in a position where it life. We maybe spent a couple extra world energy scene over the next 10 can go into service and not be burning thousand dollars to buy it. Yet we have years, that in 10 years China will have all this fuel while the driver is in eat- a more environmentally responsible, 30 percent of the electric generating ing dinner, for example? energy-responsible vehicle. capacity in the world. China’s economy These are simple things which, when The other side of the aisle argues we is no longer a closed, backward, Com- added up over the course of our econ- shouldn’t even suggest to American munist economy. It is an exploding, ex- omy, lead to dramatic improvements. consumers to change their buying hab- panding economy that is taking jobs There are many ways to address this. its. I will bet if Detroit or any other away from the United States. They come down to three basic things company started producing more and There are two things we ought to we can do. First is conservation. I just more energy-efficient vehicles, more think about: The Chinese have fuel ef- gave you two examples of conservation, and more Americans would be inter- ficiency standards for their vehicles the ways to reduce the use of energy ested, not only because it reduces the higher than the United States. and still get as much performance as cost at the gas station, but because it They know they don’t have the en- we want from the vehicles we use and is good for the environment. Why ergy in their own country. They are the vehicles we drive. The second is al- wouldn’t you want to do that? Why trying to find the most fuel-efficient ternative fuels. What can we use in- would you want to knowingly drive vehicles to move their economy for- stead of the oil that now is being im- something that is more polluting and ward and they are thinking about the ported, 58 percent of it from overseas? uses more energy or more gasoline? future. Are we? Is the United States This bill talks about it. It talks about The American consumers would, in thinking about the future and the cost ethanol. What is ethanol? An alcohol fact, gravitate toward those auto- of fuel inefficiency, or the cost of de- fuel is made from things such as corn mobiles as they did toward the Ford pendence upon foreign oil? and cellulose that can, in fact, create Escape hybrid. They like the idea. It is The second point is this. If we are in more independence in our economy. a good concept. The other side says: a position of competing with China for Senator CANTWELL tells the story You don’t want to tell people they foreign oil, since they have to import that the nation of Brazil, 10 or 20 years can’t buy whatever they want to buy. it, too, what happens when there is ago, imported 80 percent of its oil and If they want to buy the heaviest, least more competition for a limited supply? said as a nation: We can’t continue to fuel-efficient SUVs, you can’t stand in The price goes up. So $50 a barrel oil prosper if we are so dependent on im- their way. I suppose that is true, but today may be $100 a barrel 5 or 10 years ported oil. They set out on a national we will pay a price for it. By buying from now. Look at what $50 a barrel oil goal of reducing dependence on foreign and driving inefficient vehicles over has meant to you and your family and oil. They are now down to 11 percent. and over, it not only costs more at the our economy. Filled up lately? Taken a They have done it. They are choosing pump and makes our country more de- look at what it costs? It has gone up alcohol fuels. That is included in this pendent, it draws us into the Middle dramatically in a short period of time bill, the concept of alcohol fuels. It can Eastern problems. Witness 150,000 to fill your car or truck. Talk about be done. So alternative fuels—ethanol, American soldiers now risking their the airlines and their future lately? biodiesel—are practical alternatives to lives today in that part of the world. The cost of aviation fuel has gone up so importing more oil. Moving toward more efficient vehi- dramatically that a lot of airlines are The third, of course, is to find envi- cles is a good thing economically. It is in bankruptcy, or facing it. That is at ronmentally responsible ways for more certainly a good thing from a security $50 a barrel. What happens when we exploration. There is a limit to where viewpoint. It is a good thing in terms reach $100 a barrel? What will it mean that will take us. The United States of our future as a nation. to the future of these same companies? owns about 3 percent of the known oil I believe we are up to the challenge. If we don’t take a serious look at our resources in the world. We consume 25 Most of the critics of the Cantwell energy future, sadly, we are going to percent of the oil that is consumed amendment say it just can’t be done. leave ourselves vulnerable to competi- each day. So even if we were able in an Don’t challenge America. America tion from China, with higher costs for environmentally responsible way to can’t rise to the challenge. We can’t the basics to keep moving. Senator take every drop of oil out of the possibly in 20 years figure out a way to CANTWELL’s amendment is a challenge, ground, you could see it is not going to do this. Those naysayers have no place but one we should accept. As this sustain our economy. We are going to in the American tradition. We have President ends his term in office, an- be dependent on foreign sources. risen to the challenge time and again. other President of his party or another Despite this challenge and despite When President Franklin Roosevelt party will come in and see the same na- the obvious ways to meet it in this bill, needed an atomic bomb to end World tional goal: Reduce our dependence on there are some who have come to the War II, he created the Manhattan foreign oil. It will call for work and

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6697 dedication. We have risen to that chal- off at the truckstop and if all the believe that technology will make the lenge time and time again. There is no American people take the tires that hybrid car, 20 years from now, probably reason we cannot rise to it today. are on their car now and we change obsolete; there will be a new tech- I impress upon my colleagues the ab- those to new tires, we can eliminate a nology out there. But I am confident of solute necessity to reduce America’s million barrels of oil. It is incredibly one thing: You cannot push the mile- dependence on foreign oil. This is not easy. It is unrealistic, but if you hear age standards of automobiles further an issue of whether we can, this is it portrayed, it is portrayed as some- than where technology will allow; that something we must do. It is imperative thing that is easy to accomplish. for every place you surge and you try we impress upon America that setting I rise in opposition to the Senator’s to reach a little too far, you cause, in a national goal of reducing our depend- amendment because I believe one of fact, an unintended consequence on the ence upon foreign oil is a national pri- the responsibilities we have as Mem- other side. ority and in the best interests of the bers of the Senate is to, in fact, pass We will also have an opportunity to American people. I believe when we legislation that is reasonable for the vote on Senator BINGAMAN’s amend- send a signal we are serious about American people, legislation that is ment on a renewable portfolio stand- changing the future and the track we technologically possible to achieve— ard, one I know the Senator from New are on, people will join us in that ef- even if we stretch technology and we Mexico is passionate about. fort. The best and brightest minds in push technology, and even if we were I want to correct something that our country will rise to the challenge. to create a ‘‘Manhattan Energy Senator CANTWELL said. She said—and When we go back to our States and project.’’ The reality is that some of she is from Washington—that hydro- constituents and they ask what we the same individuals who stand in this electric power makes up a majority of have done in Washington to address the chamber and claim this is easily their electricity generation today, and growing threat to our oil supply posed achievable are the same ones who for she is right. The unfortunate thing is, by the emerging markets in China and the last decade have blocked domestic hydroelectric power is not considered a India, and the high gasoline prices, we exploration, which is crucial to less re- renewable source of electricity unless can take pride in the fact that the liance on foreign oil. it is new hydro. Cantwell amendment says we are I believe every American agrees with It is incredible, the history we have charting a new course for our Nation’s me that we want to become less reliant in this country of hydroelectric genera- future. Opponents have argued we can- on imported oil, but it is not just for tion, but we do not consider that to be not do it, we don’t have the smarts or national security, it is for job security. a ‘‘renewable source of electricity.’’ the technology; they wring their hands When we talk about policies on this The only way hydro would qualify and curse the darkness and say, ‘‘This floor that affect the cost of manufac- under a renewable portfolio standard is is the way it is always going to be. We turers in a global marketplace, we are if it is new hydroelectric generation. will be just more dependent upon for- talking about the jobs our constituents For those of us in the Southeast of eign oil, so be prepared for it.’’ have, about the manufacturers who the United States who for years have I disagree. There is technology avail- used to compete domestically within used electricity generated by hydro able today, let alone advancements North Carolina or within the South- plants to compliment our coal-fired that may come over the next 20 years, east, or within this country, and now generation facilities or our nuclear fa- that can move us forward on this goal. compete with people they will never cilities or our gas-fired facilities, we We, as leaders in this country, must meet. Of this year’s group of graduates have understood for some time what signal that we won’t let the future of from college, 20 percent of them will made up a portfolio, and we assumed America fall into the hands of foreign compete for a job with somebody they part of it was made up of what we con- governments that own the oil supply of will never meet and who will never live sidered to be renewable-hydroelectric this world. Many of these governments in this country because technology al- power. are politically unstable and they don’t lows us to do it. It will be incredible At 50 years old and now in my 11th promote the same values we do in the when technology gets to that point, year in Congress, I am reminded that United States. The uncertainty of that that it won’t take government pushing hydroelectric power is not renewable, alliance for our future oil should be it and saying implement it; it will im- that water is not a renewable sub- enough to give us pause. plement itself because it brings effi- stance. Security experts, economists, foreign ciencies and savings to the market- It is crazy it is not included. If we did policy experts, and scientists recognize place naturally. include hydroelectric generation, that the terrorist organizations want I think, as the occupant of the chair North Carolina would in all likelihood to target the United States, that they does, as we have gone through the cre- hit the 10 percent mandate required in can target the supply of our energy and ation of this energy bill, we have this amendment. I believe the Pre- threaten our economy. This is an pushed technology and we have siding Officer would hit the 10 percent amendment about national security, brought those minds into the com- possibly in Tennessee today. But the economic security, and the belief that mittee in a bipartisan way and said: reality is we are being asked to accept America, with the right leadership and ‘‘Tell us where this can go over the a renewable portfolio standard that vision, will rise to the challenge, as we next decade.’’ We have truly tried in does not even include the generation of have so often done in the past. this legislation to create a blueprint electricity with hydro. It does not re- We can use American ingenuity, in- for the American people and for the quire that rural electric cooperatives novation, and genius to reduce the American economy, one that makes that generate electricity participate in growing stranglehold the foreign gov- predictable what energy costs will be the renewable portfolio standard. Elec- ernments that are supplying oil to the and how it will affect our competitive- tric co-ops account for a sizeable United States have on America’s fu- ness in this country and internation- amount of the electricity generated in ture. I encourage colleagues on both ally. At the end of the day, if we do this country on an annual basis, but sides to embrace this challenge. Don’t anything that forces American busi- they are not included. We just want to run from it, don’t be afraid of it. It is ness to be at a competitive disadvan- place it on the backs of the ratepayers about the future of our country. tage, we have done a disservice to the of investor-owned utilities. I yield the floor. American worker, who is the recipient I happen to come from a State that is The PRESIDING OFFICER (Mr. of that business. rich with investor-owned utilities, but ALEXANDER). The Senator from North We need to vote against the Cantwell it is rich in electric co-ops and munic- Carolina is recognized. amendment. We need to tell the Amer- ipal power, probably richer than any Mr. BURR. Mr. President, I am glad I ican people we have an energy policy. State in the country. I defend them, stayed on the floor because I was a lit- And if we believe that policy will lead but I do not believe if we put a burden tle dismayed when I heard Senator us down the road to new technologies like this on the ratepayers of the inves- CANTWELL describe her amendment. this year, next year, 10 years from now, tor-owned utilities that we should Senator DURBIN helped to clear it up it may be that 20 years from now we leave anybody out and say they should for me in the fact that if we cut trucks are all driving hybrid cars. I happen to be unaffected.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6698 CONGRESSIONAL RECORD — SENATE June 16, 2005 The fact is, what they have tried to lieve the task before us is much sim- out penalizing any sector of our econ- do is put the cost of the renewable pler than the one that faced President omy. This amendment is not a back- portfolio standard on the backs of one Kennedy, because we already know how door effort to dramatically increase slice of electric generation, and that is to decrease our reliance on foreign oil. Corporate Average Fuel Economy the ratepayers of investor-owned utili- A smart energy policy that focuses on standards, which I would not support. ties. They know if it extended to elec- a greater commitment to technology; As modified it allows the President the tric co-ops, there would be no way for including hybrid and hydrogen fuel cell flexibility to achieve the oil savings this amendment to pass. There would technology, renewable fuels, and great- goal with existing authorities, or with be opposition on both sides of the aisle, er efficiency can take us a long way, if new authorities that he or she requests on every level of our desks to this not the entire way, to the goal pro- from the Congress. Thus, the goal amendment. posed by the Senator from Washington. could be reached through a variety of The fact is, today we are here be- As difficult as it may be, we must try means, including increased invest- cause we need to defeat the Bingaman to meet the goal set forth in this ments and incentives for hybrid vehi- amendment for a renewable portfolio amendment. We would be far worse off cles and other transportation tech- standard, but we also need to defeat as a country if we just threw up our nologies or increased use of biofuels the Cantwell amendment. She said it is hands and admitted defeat. like ethanol and biodiesel. not a mandate but a goal, a goal that The people I meet on my travels Additionally, if the President is hav- we cannot achieve today based upon around Illinois are ready for the chal- ing difficulty reaching the goal, he or available technology and one we ought lenge. They are tired of giving their she need only reduce our depenence on not put into this bill, in fact, because hard-earned dollars to foreign govern- foreign oil to the maximum extent it is unachievable. ments in the form of record-high gaso- practicable, and must ensure reliable I thank the Presiding Officer, and I line prices. They are tired of seeing and affordable energy for the country, yield the floor. their foreign policy being influenced by and maintain a healthy economy with Mr. OBAMA. Mr. President, I rise America’s insatiable need for Middle strong job growth. today in support of the amendment of- East oil. They are looking to their This is a fair and sensible amend- fered by the Senator from Washington, leaders in Washington for innovative ment, and I support it. Ms. CANTWELL. I am proud to be sub- leadership. If we lay down the chal- Mr. LEVIN. Mr. President, I support mitting this amendment. lenge in this amendment, I have every the goals for reducing this Nation’s de- Forty-four years ago, John F. Ken- reason to believe that the American pendence on foreign oil that are em- nedy challenged America to put a man people will rise up to meet it—much bodied in the Cantwell amendment. We on the moon by the end of the 1960s. A like they met a similar challenge 40 need to strive for energy independence, bipartisan coalition in Congress joined years ago. and I believe it is important to take with Presidents Kennedy, Johnson, and In 1962, President Kennedy traveled bold steps toward reducing our oil con- Nixon to make this goal a reality. to Rice University to speak about the sumption. Our policies have long ig- Today, we are considering a similarly challenge that he had laid down the nored the problem of U.S. dependence bold challenge to the Nation—to reduce year before. He stated: ‘‘Surely the on foreign oil, and we remain as vul- America’s dependence on foreign oil by opening vistas of space promise high nerable to oil supply disruptions today 40 percent by the year 2025. This chal- costs and hardships as well as high re- as we have been for decades. Taking lenge is no less important, no less laud- ward. So it is not surprising that some the steps necessary to reduce our de- able, and no less worthy of bipartisan would have us stay where we are a lit- pendence on foreign oil is a critical ob- support, Presidential leadership, and tle longer, to rest, to wait. But this jective for this country. national commitment. city of Houston, this State of Texas, I have long supported a broad array The bill before us purports to offer a this country of the U.S. was not built of Federal efforts to meet this objec- comprehensive energy solution for the by those who waited and rested and tive. I believe that we need a long- future. But, as currently drafted, the wished to look behind them.’’ term, comprehensive energy plan, and I bill does nothing more than lead us When it comes to our energy policy, have supported initiatives that will in- down the same dangerous and we are long past the point of waiting crease our domestic energy supplies in unsustainable path that we have been and resting and looking behind us. I a responsible manner and provide con- traveling for the last several decades. urge my colleagues to support the sumers with affordable and reliable en- Unless we draw the line now, outlining amendment offered by the Senator ergy. There are many provisions in- a bold change in course, with time from Washington. cluded in this bill that will help take enough to prepare, we will see the Mr. BAUCUS. Mr. President, I would important steps in this direction—par- United States in 2025 even more teth- like to briefly explain why I support ticularly those provisions of this bill ered to foreign oil, and even more sub- Senator CANTWELL’s oil savings amend- that address energy efficiency and re- ject to economic shocks, than the ment to H.R. 6, the Energy bill. newable energy and will lead us toward United States of 2005. Unless we reverse First, Senator CANTWELL’s amend- greater uses of alternative fuels such course, we will continue putting our ment sets a goal for the United States as ethanol and biodiesel. economic well-being and national secu- of reducing our dependence on foreign I have also long advocated Federal rity at the mercy of unstable foreign sources of oil by 4 percent by 2025. I do efforts that will lead to revolutionary governments. not understand how anyone could breakthroughs in automotive tech- Some will argue that the goals in argue that it is not in this Nation’s nology. As many of my colleagues have this amendment are unrealistic and un- best interests to increase our domestic said, we need a level of leadership simi- attainable. I do not agree with these energy security and reduce our depend- lar to the effort of a previous genera- naysayers. When President Kennedy ence on unreliable and undemocratic tion to put a man on the moon. I be- announced his challenge in 1961, he said regimes abroad. We all like to talk lieve we need our own moon shot in the the following: ‘‘This decision demands about energy independence, but our ef- area of automotive technology to de- a major national commitment of sci- forts in that direction are lacking, as velop alternatives to petroleum and to entific and technical manpower, mate- evidenced by the rapid growth in our make more efficient use of all forms of riel and facilities, and the possibility dependence on oil imports that is pro- energy. of their diversion from other important jected to continue well into the future. We need a significantly larger effort activities where they are already thin- I think Senator CANTWELL’s amend- than anything on the drawing boards. ly spread. It means a degree of dedica- ment sets a worthy target that we can We need to put greater Federal re- tion, organization and discipline which all work together to achieve. sources into work on breakthrough have not always characterized our re- Second, we—the world’ s greatest technologies—such as hybrid tech- search and development efforts.’’ economy—can certainly achieve this nologies, advanced batteries, advanced Likewise, meeting the requirements goal in a way that not only reduces our clean diesel, and fuel cells—that will of the Senator’s amendment will re- reliance on foreign oil but spurs new provide potentially dramatic increases quire a similar commitment. But I be- innovation and economic growth, with- in vehicle fuel economy and help us

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6699 move toward making this Nation less right thing, we should consider and ap- Mr. DODD. I thank the Chair. dependent on foreign oil and reducing prove commonsense policies that will (The remarks of Mr. DODD are printed our emissions of greenhouse gases. make our Nation more energy effi- in today’s RECORD under ‘‘Morning Federal Government investment is cient, less dependent on foreign oil, and Business.’’) also essential not only in research and more competitive in the global energy The PRESIDING OFFICER. All re- development but as a mechanism to market, and that will effectively ad- maining time is controlled by the ma- push the market toward greater use dress global warming. jority. and acceptance of advanced tech- The national energy policy that we Mr. DODD. I suggest the absence of a nologies. For example, expanding the establish in this Congress will deeply quorum. requirements for the Federal Govern- impact our security, economy, and our The PRESIDING OFFICER. The ment to purchase advanced technology environment. Even though we agree on clerk will call the roll. vehicles will help provide a market for goals, we cannot in good faith transfer The bill clerk proceeded to call the advanced technologies. We also must all responsibility for determining how roll. Mr. REID. Mr. President, I ask unan- have far greater tax incentives for ad- to achieve them to the executive imous consent that the order for the vanced technologies than have been branch. That is a dereliction of our quorum call be rescinded. proposed to date. duty as Senators—a duty that I take The PRESIDING OFFICER. Without I believe the goals for reducing our seriously and will not relinquish mere- objection, it is so ordered. dependence on foreign oil in the Cant- ly to show that I support the laudable Mr. REID. Mr. President, it is my un- well amendment can be met by taking goal of reducing our dependence on for- derstanding that the only time remain- bold actions in the areas I have men- eign oil. ing is that of the majority. Is that tioned and without relying on in- Mr. KOHL. Mr. President, I support the Cantwell energy security amend- right? creases in Corporate Average Fuel The PRESIDING OFFICER. The Sen- Economy standards. Higher CAFE ment, which would set a national goal of reducing projected imports of for- ator is correct. standards will not produce real re- Mr. REID. Mr. President, I will use eign oil by 40 percent by 2025 in the sults—they will only exacerbate the in- leader time or, if no one is going to use United States. herent discriminatory features in the their time, I will just use whatever is CAFE system that give an unfair com- I strongly believe we must be more proactive in reducing our dependence available. petitive advantage to foreign auto The PRESIDING OFFICER. The Sen- manufacturers and have contributed to on foreign oil, and Senator CANTWELL’s amendment is a great start to accom- ator may proceed. the loss of manufacturing jobs in this Mr. REID. If someone from the ma- plishing that goal. The current path we country. Senator CANTWELL and the jority wants to speak, I will be happy are on is detrimental to numerous fac- sponsors of this amendment have as- to put the vote over for a few minutes ets of our economy, environment and sured the Senate and her amendment for whatever few minutes I use. national security. This is due to the was modified so that there are no pol- I, first, want to thank Senator ongoing instability in the Middle East, icy assumptions in this amendment BINGAMAN for his leadership on the re- which is where the vast majority of our that will increase CAFE standards. The newable energy issue. He has always oil comes from, and coupled with the goals of this amendment are laudable, been there. It is also important to men- environmental problems associated and since they are simply goals—which tion Senator JEFFORDS. Senator JEF- with the use of fossil fuels. At present, after the modification can be achieved FORDS has been so stalwart. I remem- petroleum imports account for fully with new authorities, tax incentives ber an Energy and Water bill that Sen- one-half of our national oil use and for instance, and do not rely on use of one-third of our trade deficit. In addi- ator DOMENICI and I did in years past. existing authorities—I can now support tion, the use of oil and other fossil We did not put enough renewable in the amendment. fuels contributes to global climate there and Senator JEFFORDS brought Mr. MCCAIN. Mr. President, I strong- change, air pollution, and acid rain. amendments to the floor and fought us ly support the objective of Senator In order to achieve this ambitious on this on the Senate floor. He has CANTWELL’s amendment. It is difficult plan we will have to implement many been a stalwart. to disagree with legislation that pro- comprehensive energy saving policies. In this particular instance, the leader poses to achieve the important goal of Many people believe this amendment has been Senator BINGAMAN, and I ap- reducing our dependence on foreign oil. down the road could raise fuel effi- preciate very much the work he has Unfortunately, the amendment is an ciency standards on automobiles. done. exercise in setting expectations with- There are many energy policies we There is no question in my mind that out establishing how they will be met. need to pursue to achieve this ambi- we must harness the brilliance of the As such, I cannot support it. tious goal. In the past I have not sup- Sun, the strength of the wind, and the The job of Congress is not only to de- ported raising CAFE standards and I do heat of the Earth to provide renewable termine policy objectives, but also to not believe this amendment would re- energy for our Nation. There are many establish the means to achieving such quire such a change. In order to make reasons our Nation needs to develop goals in a manner that best services this plan successful we need to support more renewable energy. It can power the public interest. While this amend- the development of alternative energy, our homes and businesses without pol- ment sets aggressive goals for cutting such as ethanol, hybrid vehicle tech- luting the air we breath or the water America’s dependence on foreign oil, it nology and others. we drink. Renewable energy will pro- places the total burden on the Presi- I have long believed that our Nation tect consumers from wild price swings dent and the administration to develop must implement a sensible national en- by providing steady, reliable sources of and implement the measures to reduce ergy policy which emphasizes greater energy. There is a reason we call the our dependence without one iota of energy conservation and efficiency, as famous geothermal geyser Old Faith- guidance as to how this reduction well as the development of renewable ful, and that is because renewable en- should occur. Frankly, that is both a resources. Simply put, we cannot con- ergy is as old as the wind, as durable as risky and an irresponsible proposition. tinue to rely on imported oil to meet the Sun, and as constant as the Earth. What if this or any future President such a large part of our Nation’s en- Renewable energy will bolster our were to decide to meet this amend- ergy needs and that is why I support national security because it is made in ment’s targets by drilling in ANWR, or Senator CANTWELL’s amendment to the the USA. The supply cannot be manip- by raising gasoline taxes? This amend- energy bill. ulated by any foreign power. Scientists ment does not speak to those policy op- The PRESIDING OFFICER. The Sen- have said, for example, the Nevada tions, and—as shown by the examples I ator from Connecticut. Test Site where we have detonated have set forth—the end of reducing our Mr. DODD. Mr. President, I ask unan- about 1,000 nuclear weapons, one could dependence on foreign oil does not nec- imous consent to speak as in morning have solar power that would supply the essarily justify the means. Instead of business. whole Nation with electricity. relying on wishful thinking and trust The PRESIDING OFFICER. Without We do not have that, of course. We that the executive branch will do the objection, it is so ordered. have no solar energy at the Nevada

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6700 CONGRESSIONAL RECORD — SENATE June 16, 2005 Test Site, but it is an example of what mental and health effects, the real The PRESIDING OFFICER. The Sen- can be done. costs of energy become more apparent, ator from Tennessee. Finally, renewable energy creates and we see the renewable energy is a Mr. ALEXANDER. Mr. President, jobs, often in rural areas that need winner. A national renewable elec- when I go home on the Fourth of July them the most. Nevada is a perfect ex- tricity standard by 2020 will also spur and my constituents ask what I did ample. Most of our geothermal energy nearly $80 billion in new capital invest- about high natural gas prices, high gas- is in rural Nevada. The steam has been ment and $5 billion in new property tax oline prices, about our competition coming from the ground in those places revenues to communities. with China and Japan and India to since man started coming there. When Let’s never lose sight of the fact that keep our jobs, I am going to tell them the pioneers came across Nevada, one renewable energy sources are domestic I voted no on the Bingaman amend- of the places they would come after sources of energy and using them in- ment to order utilities to make 10 per- leaving the area that is now Utah is stead of foreign sources contributes to cent of their energy from a limited this dry, parched desert. The first our energy security. number of renewable fuels, because it thing they would see is water in a place I urge my colleagues, both the major- is an $18 billion electric rate increase near Gerlach, NV. The first few pio- ity and minority, to vote for the Binga- over 20 years. At a time of high natural neers, immigrants, and their animals man amendment. gas prices, high gasoline prices, the went into that water. They did not do Mr. SESSIONS. Mr. President, I yield last thing we should do is an $18 billion that very often. They could not do it back all remaining time on this side. electric rate increase over 20 years. because it would kill them. It was boil- The PRESIDING OFFICER (Mr. VIT- The distinguished Senator from New ing water. As thirsty as they were, TER). All time is yielded back. Mexico will tell us that it will be offset they would have to siphon the water The question is on agreeing to the by natural gas reductions, but that is down and cool it. amendment, as modified. only if there is a $5 natural gas rate in Ms. CANTWELL. Mr. President, I ask It is still there, the same hot water, 2025. One thing we know is, it is a big for the yeas and nays. the same steam coming from areas electric rate increase when we should around Gerlach. There is tremendous The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient be reducing prices. potential for renewable energy. In 2002 The PRESIDING OFFICER. The Sen- and 2003, the Senate passed the renew- second. The clerk will call the roll. ator from New Mexico. able energy electricity standard requir- The bill clerk called the roll. Mr. BINGAMAN. Mr. President, this ing that 10 percent of the electricity The PRESIDING OFFICER (Mr. is an amendment which says utilities sold by utilities be generated from re- BURR). Are there any other Senators in that produce electricity in this country newable energy sources. We should do the Chamber desiring to vote? by the year 2020 should ensure that up no less this year. It would be even bet- The result was announced—yeas 47, to 10 percent of their electricity comes ter if we could match our friends in Eu- nays 53, as follows: from renewable sources. It doesn’t rope and achieve 20 percent. [Rollcall Vote No. 140 Leg.] specify which renewable sources. It Other nations have been developing YEAS—47 gives them a variety of choices. Ac- renewable energy resources at a much Akaka Durbin Mikulski cording to the Energy Information faster rate than the United States. In Baucus Feingold Murray Agency, the $18 billion is more than 1990, America produced 90 percent of Bayh Feinstein Nelson (FL) offset by the savings these utilities will the world’s wind power. Today, it is Biden Harkin Nelson (NE) get by not having to invest in addi- less than 25 percent. Germany now has Bingaman Inouye Obama Boxer Jeffords tional traditional sources of genera- the lead in wind energy; Japan in solar Pryor Byrd Johnson Reed tion. This will result in a reduction in energy. We have an opportunity to re- Cantwell Kennedy Reid electricity rates and a reduction in gas Carper Kerry gain the position as a world leader in Rockefeller Chafee Kohl rates, according to our own Depart- Salazar renewable energy. In the United States Clinton Landrieu ment of Energy. I believe this is good Sarbanes today we get about 2 percent of our Conrad Lautenberg legislation. I hope my colleagues will electricity from renewable energy Corzine Leahy Schumer Snowe support it. It will strengthen this bill sources, such as wind, solar, geo- Dayton Levin Dodd Lieberman Specter and give us a much better energy bill thermal, and biomass. That is a paltry Dorgan Lincoln Wyden to take to conference. sum. The potential is there for a much NAYS—53 I ask unanimous consent that Sen- greater supply. ator SNOWE of Maine be added as a co- The renewable electricity standard Alexander DeWine McCain Allard Dole McConnell sponsor to the amendment. and the production tax credit are crit- Allen Domenici Murkowski The PRESIDING OFFICER. Without ical to growth of renewable energy in Bennett Ensign Roberts objection, it is so ordered. Bond Enzi America. The State of Nevada is Santorum The question is on agreeing to Brownback Frist Sessions blessed with enough geothermal energy Bunning Graham amendment No. 791. to generate one-third of the needs of Shelby Burns Grassley Smith Mr. BINGAMAN. Mr. President, I ask Burr Gregg Nevada today, but geothermal supply Stabenow Chambliss Hagel for the yeas and nays. is only about 2 percent of our power. I Stevens Coburn Hatch The PRESIDING OFFICER. Is there a Sununu am happy that Nevada has adopted one Cochran Hutchison sufficient second? Talent of the most aggressive renewable port- Coleman Inhofe There is a sufficient second. folio standards in the Nation. We set a Collins Isakson Thomas Cornyn Kyl Thune The clerk will call the roll. goal of generating 15 percent of our Craig Lott Vitter The legislative clerk called the roll. electricity with renewable energy by Crapo Lugar Voinovich The result was announced—yeas 52, Warner the year 2013. Our legislature is to be DeMint Martinez nays 48, as follows: commended. They did that 2 years ago. The amendment (No. 784), as modi- [Rollcall Vote No. 141 Leg.] Developing these resources will pro- fied, was rejected. YEAS—52 tect our environment, will help con- Mr. DOMENICI. I move to reconsider sumers, and will create jobs in our the vote. Akaka Corzine Kerry Baucus Dayton Kohl State. If Nevada can meet its renew- Mr. CRAIG. I move to lay that mo- Bayh Dodd Landrieu able energy goal of 15 percent by 2013, tion on the table. Biden Dorgan Lautenberg then the Nation certainly should be The motion to lay on the table was Bingaman Durbin Leahy able to meet a goal of 10 percent by agreed to. Boxer Ensign Levin Brownback Feingold Lieberman 2020. AMENDMENT NO. 791 Cantwell Feinstein Lincoln Many States are blessed with abun- Mr. DOMENICI. Parliamentary in- Carper Grassley Mikulski dant supplies of renewable energy re- quiry: What is the regular order? Chafee Harkin Murray Clinton Inouye Nelson (FL) sources. Twenty-one States have al- The PRESIDING OFFICER (Mr. Coleman Jeffords Obama ready adopted renewable electricity COLEMAN). There are 2 minutes evenly Collins Johnson Pryor standards. If we consider environ- divided on the Bingaman amendment. Conrad Kennedy Reed

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6701 Reid Schumer Stabenow the number of kilowatts needed to guished Senator from Georgia and the Rockefeller Smith Wyden Salazar Snowe comply with a 10-percent RPS by 2020, distinguished Senator from Oregon Sarbanes Specter it can add up to billions of dollars—bil- that I would be delighted to work with lions of dollars in what should be called them and, obviously, with other mem- NAYS—48 a tax on consumers. I call it a tax be- bers of the conference in an effort to do Alexander DeWine McCain cause that is essentially what it is. It Allard Dole McConnell what I can to ensure that each State is Allen Domenici Murkowski is dollars that will come out of the treated fairly and that none are penal- Bennett Enzi Nelson (NE) pockets of consumers and go straight ized by an overly rigid mandate. Bond Frist Roberts to the Federal Government. That I am fully aware of the disparity be- Bunning Graham Santorum Burns Gregg Sessions makes no sense at all. tween States, and I say to the Senator Burr Hagel Shelby If the Government wants more re- from Georgia and the Senator from Or- Byrd Hatch Stevens newable energy, it does not make sense egon that their States were on the map Chambliss Hutchison Sununu to take billions of dollars away from showing they are the have-not States Coburn Inhofe Talent Cochran Isakson Thomas consumers in a region simply because in terms of wind. They have a lot of Cornyn Kyl Thune they do not have access to adequate re- other items with which they can meet Craig Lott Vitter newable resources at a reasonable cost. a standard. Renewable is going to be Crapo Lugar Voinovich If there must be an RPS provision in DeMint Martinez Warner the test here, and it is going to be dif- this Energy bill—and I do not believe it ficult. The amendment (No. 791) was agreed is necessary—it must, at a minimum, The Senate has spoken—close vote. to. allow more flexibility for each State We will do what we can in conference. Mr. DORGAN. I move to reconsider and region. The Senator understands there is no the vote, and I move to lay that mo- I ask that the distinguished chair- such provision in the House bill. We tion on the table. man commit to work with me in the will do our best to see what we can do The motion to lay on the table was conference to modify the provision to to recognize the Senator’s position and agreed to. allow greater flexibility and to protect yet recognize the closeness of the vote The PRESIDING OFFICER. The Sen- consumers from unnecessary cost in- and the very severe repercussions on ator from New Mexico. creases. In particular, I ask that we some States. Mr. DOMENICI. Parliamentary in- work together to address the regional Mr. CHAMBLISS. Mr. President, I quiry, Mr. President. Are we, under issues inherent in any such provision thank the chairman for his comments, regular order, scheduled to move on to and ensure that States that do not and I look forward to working with another amendment? have the technological capabilities to him. The PRESIDING OFFICER. There is comply with the RPS mandate are not Mr. DOMENICI. I yield the floor. no amendment pending at this time. penalized. I note that even many sup- The PRESIDING OFFICER. The Sen- Mr. DOMENICI. Mr. President, I un- porters of a Federal RPS mandate rec- ator from Hawaii. derstand the distinguished Senator ognize the need for State-by-State Mr. AKAKA. Mr. President, I rise from Georgia would like to engage in a flexibility. today with a profound sense of opti- colloquy with the Senator from New The Senator from Oregon does have a mism and appreciation. We have not Mexico. For that purpose, I yield to the comment relative to this issue, and I enacted a comprehensive energy bill distinguished Senator. yield to the Senator from Oregon. since 1992. Many programs need reau- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- thorization and many need revision. ator from Georgia. ator from Oregon. Mr. SMITH. Mr. President, I thank Programs and demonstrations must be Mr. CHAMBLISS. Mr. President, I the Senator from Georgia for his com- updated to today’s and tomorrow’s en- rise in hope that the chairman of the ments. He reflects well the views of his ergy parameters. Energy and Natural Resources Com- State and the region. I have long said that the Nation mittee, the Senator from New Mexico, Those of us, such as myself, who needs a comprehensive blueprint for an will engage in a colloquy with myself, voted for this RPS standard under- energy policy that will take us in ad- as well as Senator SMITH of Oregon, re- stand the regional differences. In my vanced directions, away from depend- garding some concerns we have about view, an important purpose of an RPS ence on declining reserves of fossil fuel the renewable portfolio standard is to diversify the Nation’s energy sup- and foreign sources of oil. We need a amendment. ply. I understand that different States policy which will reconcile growth and While I support the development of have different resources. For that rea- energy conservation in our transpor- renewable energy and other clean en- son, I believe it is appropriate to pro- tation, manufacturing, utility, and ergy resources, I believe that each re- vide for greater flexibility for the consumer sectors across the Nation. gion of the country has the ability to States. We need to bring down the high costs develop these resources in a variety of I would like to work with the Sen- of electricity and gasoline for the ways. In fact, at least 21 States already ator from Georgia and the distin- country, particularly in my State of have a State RPS, and many other guished chairman of the Energy and Hawaii, and pursue greater energy States have programs to promote re- Natural Resources Committee to make independence from petroleum products. newable energy, all of this being ac- appropriate modifications to the provi- S. 10, the Energy Policy Act of 2005, complished without a Federal man- sion. provides the best opportunity that I date. I yield back to the Senator from have seen in years. The problem with the RPS amend- Georgia. As a senior member of the Senate ment is that it imposes a one-size-fits- Mr. CHAMBLISS. Mr. President, I Committee on Energy and Natural Re- all mandate on the whole country thank the Senator from Oregon for his sources, I am familiar with cutting- without regard for whether the require- comments. Again, I strongly oppose edge technologies and approaches to ment is technologically or economi- the RPS, but if there must be one in generating energy. I was closely in- cally feasible. Not every State or re- the Energy bill, I ask the distinguished volved in crafting several parts of this gion has the same amount of renewable chairman if he will commit to work energy bill—legislation that contains energy available to comply with the with the Senator from Oregon and my- three bills that I have introduced, and rigid 10-percent RPS mandate the self in conference to make these modi- a hydrogen title that was crafted with amendment would impose. As a result, fications to the provision to ensure the leadership of Senators DORGAN, utilities in States that do not have that the RPS promotes renewable en- GRAHAM, and myself as members of the enough renewable energy will need to ergy where it is most needed without Senate Hydrogen and Fuel Cell Caucus. comply with the RPS mandate by pur- harming consumers. I have contributed to comprehensive chasing credits at a cost of 11⁄2 cents The PRESIDING OFFICER. The Sen- energy bills in 2002 and in 2003. per kilowatt hour. Mr. President, 11⁄2 ator from New Mexico. I wish to thank both Senators from cents may not sound like a lot of Mr. DOMENICI. Mr. President, might New Mexico for their leadership and money, but when it is multiplied by I respond by saying to the distin- hard work in bridging many regional

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6702 CONGRESSIONAL RECORD — SENATE June 16, 2005 differences in this comprehensive bill, that incorporate renewable hydrogen reaching our ethanol goals in the while still keeping in mind the overall production and off-grid electricity pro- State. vision for an energy bill. The Energy duction. In other words, the bill in- We also need a loan guarantee pro- Committee, under the leadership of cludes a broad range of hydrogen en- gram to help our producers. The loan Senators DOMENICI and BINGAMAN, held ergy applications that will reach out to guarantee program in the amendment a series of structured hearings that rural communities and lower income we adopted is more restrictive than the were informational briefings from a families, hospitals, military facilities— one approved and reported by the En- broad spectrum of industry, environ- not solely vehicle applications and in- ergy Committee. Hawaii’s ethanol fa- mental groups, non-profits, and small frastructure. It recognizes the impor- cilities are projected to produce be- businesses. Senator DOMENICI and Sen- tance of developing hydrogen from re- tween 7 and 15 million gallons of eth- ator BINGAMAN are to be commended newable sources and demonstration anol and the market in Hawaii is about for keeping an open mind about the po- projects for stationary and distributed 45 million gallons. Hawaii has an inde- tential for new energy sources and a energy systems in remote areas and is- pendent market and a State require- balance of renewable and fossil fuels, lands. ment for ethanol. Our plants will be science and research and development. I am pleased that the bill contains smaller than in other States and would In sum, this is a balanced energy bill. my request for an energy study in Ha- greatly benefit from a loan guarantee The energy policies that we address waii. I thank Senators DOMENICI and program for smaller producers. This is in this legislation cover a vast range of BINGAMAN for including my bill, S. 436, very important to my State and I look authorities and a patchwork of unruly the Hawaii Energy Study bill. Hawaii forward to working with my colleagues regional alliances. This translates to is uniquely dependent on crude oil for to further address this issue in con- an enormous challenge, and I appre- its energy sources. Before we invest in ference. ciate Senator DOMENICI and Senator a different energy mix and infrastruc- In other titles of the Energy bill, I BINGAMAN’s hard work and the work of ture, we need to make transparent all am pleased that title VI, Nuclear Mat- their staffs. I want to compliment the dynamics between fuels, generating ters, includes provisions of a bill I in- them on crafting an energy bill that electricity, and the consequences of the troduced earlier this year, S. 979, to re- will help the Nation as well as States directions we choose. quire the Department of Energy to pro- with special ‘‘off-grid’’ energy needs The bill directs the Secretary of En- vide for a facility for the safe storage such as Alaska, my state of Hawaii, ergy to assess the short- and long-term of greater-than-class-C radioactive and insular territories and common- prospects of oil supply disruptions and waste. Radioactive sealed sources, wealths. price volatility and their impacts on which can be used to create a ‘‘dirty I support this bill and voted for it in Hawaii, and to assess the economic re- bomb,’’ are all around us and pose a our Committee. The bill is well-bal- lationship between oil-fired generation great risk. The administration must anced between renewable energy pro- of electricity from residual fuel and re- take action to ensure the control and duction, energy efficiency provisions, fined products consumed for transpor- safe disposal of those sources. oil and gas technologies, electricity tation needs of Hawaii. In Hawaii, the The energy bill also includes S. 711, a provisions, and alternate and visionary costs of gasoline, electricity, and jet bill I introduced with Senator MUR- sources of energy such as hydrogen. fuel are intertwined in an intricate re- KOWSKI to reauthorize the methane hy- The bill invests in the Nation’s Re- lationship, because they all come from drates program at the Department of search and Development for energy the same feedstock, and changes in the Energy. Hydrates are important—the technologies, something that we must use of one can potentially drive con- U.S. has enormous hydrate resources, continue doing to remain leaders in the sumer prices up or down. perhaps as much as a quarter of the world, as global demand for energy in- Although we approved an ethanol world’s gas hydrates. As increased de- creases. The last title of the bill, Title title yesterday, I would like to add a mand draws down natural gas reserves, Fourteen, provides much-needed incen- few words on the topic of the ethanol we must look to additional sources, tives for innovative technologies, mandate. First, I would like to extend such as hydrates, for the future. The through loan guarantees for new en- my appreciation to Senators TALENT bill includes a robust methane hy- ergy facilities and projects. and JOHNSON, and their staff, who have drates program that includes the rec- I greatly appreciate the inclusion of shown great leadership in working with ommendations of the National Re- title VIII, the Hydrogen title. I am an committee members to understand the search Council’s study on the program original cosponsor of S. 665, the Hydro- challenges that States face with a Fed- and future of methane hydrates. gen and Fuel Cell Technology Act of eral ethanol mandate. I am particu- We still have much work ahead of us. 2005, and worked with Senators DOR- larly sensitive to States’ needs with re- The bill does not include fuel economy GAN, GRAHAM, and other members of spect to renewable fuels and renewable standards which significantly increase the Hydrogen Caucus to craft this bill, energy. In Hawaii and other remote the fuel efficiency of automobiles and which is included in S. 10. The bill re- areas we lack the ability to produce are a vital component of a comprehen- authorizes and amends the Spark M. ethanol. We would like to have that sive energy policy. The American peo- Matsunaga Hydrogen Research, Devel- ability to free us from importing eth- ple want to spend less money on gaso- opment, and Demonstration Act of anol and the rising price of crude oil. line, be less dependent on foreign oil, 1990, which has been the basic author- Hawaii has had the highest gasoline address the issue of climate change, ity for Federal hydrogen programs for prices in the Nation over the last 10 and breathe cleaner air. Strong fuel the last 20 years. Reauthorization of years. We also have a State mandate to economy standards help provide some the Matsunaga Act is badly needed and use ethanol, enacted last year and due solutions. Also the bill does not ad- I have been working toward that goal to go into effect in spring of 2006. Our dress the growing emissions of carbon for several years. The bill provides for State ethanol mandate is driven by the dioxide, which are radically changing robust R&D for hydrogen fuel cells. It desire to increase the use of biomass, the world around us. I am hopeful we includes a provision to enhance sources increase the renewable content in our will address these matters on the floor of renewable fuels and biofuels for hy- transportation fuels, and decrease the and I look forward to the debate. drogen production among its R&D pri- imports of crude oil to Hawaii. These Again, I appreciate and commend my orities, which is very important for iso- are all good goals. Our sugar interests colleagues Senators DOMENICI and lated areas such as Pacific islands and and ethanol producers are struggling to BINGAMAN on the bipartisan nature of rural areas across the Nation. put facilities into place to produce eth- this bill and the process by which it In addition to the R&D section, the anol because we need to meet our State was developed. bill includes hydrogen fuel cell dem- mandate. AMENDMENT NO. 794 onstration programs for vehicles and This is why Senator INOUYE and I Mr. DOMENICI. Mr. President, on be- for national parks, remote island areas, greatly appreciate the inclusion of cel- half of myself and Senator BINGAMAN, I and on Indian tribal land. The bill au- lulosic and sugar cane-to-ethanol pro- send a managers’ amendment to the thorizes system demonstrations, in- visions in this bill. The demonstration desk. It has been agreed to on both cluding distributed energy systems provisions will greatly assist us in sides, is predominantly technical, and

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6703 has been agreed to by anyone who has On page 497, line 13, strike ‘‘using take every step necessary to protect any interest. thermochemical processes’’. the New Jersey shore from any effort The PRESIDING OFFICER. The On page 505, line 23, strike ‘‘proton ex- to weaken the longstanding, bipartisan clerk will report. change membrane’’. On page 742, line 8, strike ‘‘Power’’ and in- moratorium that exists on drilling in The assistant legislative clerk read sert ‘‘Energy Regulatory’’. the Outer Continental Shelf. as follows: On page 755, after line 25, insert the fol- As I understand it, the chairman and The Senator from New Mexico [Mr. DOMEN- lowing: ranking member have both agreed to ICI], for himself and Mr. BINGAMAN, proposes SEC. 1329. OVERALL EMPLOYMENT IN A HYDRO- oppose any amendments that open up an amendment numbered 794. GEN ECONOMY. the OCS moratoria on submerged lands The amendment is as follows: (a) STUDY.— off of Florida’s coast. I am, of course, On page 10, strike lines 5 through 8 and in- (1) IN GENERAL.—The Secretary shall carry pleased that recognition was taken in sert the following: out a study of the likely effects of a transi- tion to a hydrogen economy on overall em- that instance. But it is a bit dis- (2) INSTITUTION OF HIGHER EDUCATION.— ployment in the United States. concerting that the rest of the mora- (A) IN GENERAL.—The term ‘‘institution of toria on offshore drilling was not ad- higher education’’ has the meaning given the (2) CONTENTS.—In completing the study, term in section 101(a) of the Higher Edu- the Secretary shall take into consideration— dressed. Many OCS areas still seem cation Act of 1065 (20 U.S.C. 1001(a)). (A) the replacement effects of new goods vulnerable to something that could de- and services; (B) INCLUSION.—The term ‘‘institution of stroy that moratoria, and that is a higher education’’ includes an organization (B) international competition; problem. It is a problem for the State that— (C) workforce training requirements; of New Jersey. I think it is for many, if (i) is organized, and at all times thereafter (D) multiple possible fuel cycles, including usage of raw materials; not all, of the other coastal States that operated, exclusively for the benefit of, to are protected by the moratoria. perform the functions of, or to carry out the (E) rates of market penetration of tech- functions of 1 or more organizations referred nologies; and This has been a priority of mine since to in subparagraph (A); and (F) regional variations based on geography. I have been in the Senate. Along with (ii) is operated, supervised, or controlled (b) REPORT.—Not later than 18 months Senator LAUTENBERG, I introduced the by or in connection with 1 or more of those after the date of enactment of this Act, the Clean Ocean and Safe Tourism Anti- organizations. Secretary shall submit to Congress a report Drilling Act in the 107th, 108th, and describing the findings, conclusions, and rec- On page 121, lines 9 and 10, strike ‘‘sub- 109th Congresses. This bill would make section (a)’’ and insert ‘‘paragraph (1)’’. ommendations of the study under subsection (a). permanent the moratoria on drilling in On page 223, line 16, strike ‘‘date of enact- the Mid- and North Atlantic Planning ment of this Act’’ and insert ‘‘effective date The PRESIDING OFFICER. Without Areas, as opposed to having it be an of this section’’. objection, the amendment is agreed to. On page 225, between lines 4 and 5, insert The amendment (No. 794) was agreed issue that is dealt with year to year in the following: to. the appropriations process or by Execu- (e) EFFECTIVE DATE.—This section takes ef- tive order. fect on October 1, 2006. The PRESIDING OFFICER. The Sen- ator from New Jersey. I know, with certainty, the people of On page 451, line 8, insert New Jersey—I mean with certainty—do ‘‘manufacturability,’’ after ‘‘electronic con- Mr. CORZINE. Mr. President, I would trols’’. like to begin my remarks by thanking not want to see oil and gas rigs off On page 452, strike lines 8 and 9 and insert Chairman DOMENICI and Senator BINGA- their coast. The Jersey Shore is one of the following: MAN, the ranking member, as well as the fastest growing parts of the State ‘‘(b) MEMBERSHIP.—The Task Force shall their staffs, for the hard work and ex- of New Jersey. It is in the most densely be cellent effort they have made in pre- populated State already. The New Jer- On page 452, line 15, strike ‘‘members’’ and sey shore is one of those things that insert ‘‘Federal employees’’. paring an energy bill. Their leadership On page 452, strike lines 18 through 21. has allowed the Senate to come to- defines our State. We want to maintain the beauty and cleanliness of our On page 478, between lines 9 and 10, insert gether on a comprehensive energy pol- the following: icy that is of paramount importance to beaches as well as protect our fishing SEC. 916. BUILDING STANDARDS. our Nation’s future security and eco- grounds as they make up a huge por- (a) DEFINITION OF HIGH PERFORMANCE nomic interests. While there are provi- tion of our State’s revenue. BUILDING.—In this section, the term ‘‘high sions in this bill about which I am The New Jersey Department of Com- performance building’’ means a building that troubled, I did vote for it in committee merce calculates that tourism in our integrates and optimizes energy efficiency, and would like very much to do so here State generates more than $31 billion durability, life-cycle performance, and occu- on the floor. But there are some res- in spending. Almost all of that is fo- pant productivity. cused on our shore. It directly and indi- (b) ASSESSMENT.—Not later than 120 days ervations I have. There are some things after the date of enactment of this Act, the that were omitted, some that have ac- rectly supports 836,000 jobs, more than Secretary shall enter into an agreement with tually been included and others that 20 percent of the total State employ- the National Institute of Building Sciences might be included about which I would ment. In addition, it generates about to— like to speak, one in particular is one $16.6 billion in wages and $5.5 billion in (1) conduct an assessment (in cooperation of great importance to the State of tax revenues for the State. It is a big with industry, standards development orga- New Jersey. deal for us, a very big deal. If we are nizations, and other entities, as appropriate) I see my esteemed colleague Senator going to take a risk with our shoreline, of whether the current voluntary consensus we must first look at the cost-benefit standards and rating systems for high per- FRANK LAUTENBERG here as well. He formance buildings are consistent with the will be speaking about this issue. That analysis. research, development and demonstration is the threat of oil and gas drilling off Any threat of drilling, any threat to activities of the Department; the coast of southern New Jersey’s 127 New Jersey’s environment and econ- (2) determine if additional research is re- miles of shore. omy compel me to stand here and quired, based on the findings of the assess- All of you heard Senators NELSON make sure people understand how im- ment; and, and MARTINEZ speak on the floor ear- portant it is to us. (3) recommend steps for the Secretary to New Jersey is not alone in this. This accelerate the development of voluntary lier this week about Florida’s treas- consensus-based standards for high perform- ured coast and how important it is to is something that people recognize up ance buildings that are based on the findings Florida’s environment and economy and down the eastern seaboard and on of the assessment. that its coast be protected from any the western coast. (c) GRANT AND TECHNICAL ASSISTANCE PRO- weakening of the moratoria on drilling New Jersey is already a State that is GRAM.—Consistent with subsection (b), the in the Outer Continental Shelf. My col- carrying a heavy load in terms of sup- National Technology Transfer and Advance- leagues from Florida should take every porting the energy production needs ment Act of 1995 (15 U.S.C. 3701 et seq.), and step necessary to protect their beaches and the refining needs of this Nation. the amendments made by that Act, the Sec- retary shall establish a grant and technical and coastal waters. As a Senator from We have three nuclear powerplants. We assistance program to support the develop- a coastal State where tourism is the export energy. We have many tradi- ment of voluntary consensus-based standards second largest industry, I think Sen- tional powerplants, and support siting for high performance buildings. ator LAUTENBERG and I also want to of an LNG terminal. We are also a

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6704 CONGRESSIONAL RECORD — SENATE June 16, 2005 place that has been supportive of alter- We have ample reason to say that Given this history, any change to the mor- native energy. We are moving in the di- coastal states ought to be concerned atoria will be a dramatic change in policy. It rection toward all of those things that about this issue. In fact, we have, for is our hope that this important bill will not promote efficiency. New Jersey is the get bogged down by this issue, but without planning purposes, divided up the coun- assurances that you would oppose any east coast hub for oil refining, for the try into planning areas. The Mid-At- amendments that would undermine the cur- chemical industry. We are doing our lantic and the North Atlantic OCS rent moratoria, we will be forced to use all part in growing and sustaining the Na- Planning Areas, which extend from procedural tactics to protect our precious re- tion’s energy resources. North Carolina to Maine, is of most sources. But risking and exploiting our shore, concern to New Jersey. But I under- We hope we will be able to work together to do that is a step too far. I repeat, it stand the same arguments from every- with you to resolve this issue. Sincerely, is a step too far, risking what I think one else in every other planning area. no one else would do if it were related Jon S. Corzine, Paul Sarbanes, John F. Water does not recognize the borders Kerry, Dianne Feinstein, Patty Mur- to their economy, their people’s qual- we have established in a political con- ray, Frank R. Lautenberg, Edward M. ity of life, their people’s needs. test. We need to protect the offshore Kennedy, Barbara Boxer, and Ron I am not the only Senator who has moratoria so that we can protect our Wyden. concerns about amendments to this bill beaches and our shores as we go for- that will weaken the moratorium. I ward. CONGRESS OF THE UNITED STATES, have been in contact with a number of Mr. President I have here a bipar- Washington, DC, April 29, 2005. coastal State Senators. We will have a tisan, bicameral ‘‘Dear Colleague’’ let- Hon. CHARLES TAYLOR, Chairman, Subcommittee on Interior and Envi- letter that speaks against any changes ter from almost every member of the to the current OCS moratoria. My con- ronment, Committee on Appropriations, New Jersey Congressional Delegation Rayburn House Office Building, Wash- cern about some of the provisions of that expresses the concern of those ington, DC. the bill, including the inventory provi- who represent New Jersey that this Hon. NORM DICKS, sion, are reinforced by some of the moratoria be sustained. I also have a Ranking Member, Subcommittee on Interior and rumblings I hear about trying to move bipartisan letter signed by over 100 Environment, Committee on Appropriations, further in opening up this Outer Conti- Members of the House of Representa- Longworth House Office Building, Wash- nental Shelf. tives, both sides of the aisle, stating ington, DC. DEAR CHAIRMAN TAYLOR AND RANKING I fear we are on a slippery slope that their strong support for the legislative would lead to eventual drilling off the MEMBER DICKS: We are writing to express our moratoria on activity in submerged strong support for the longstanding bipar- New Jersey coast, which is of great lands of the Outer Continental Shelf. I tisan legislative moratorium on new mineral concern and will lead to the kinds of ask unanimous consent that these two leasing activity on submerged lands of the actions that can stand in the way of letters be printed in the RECORD. Outer Continental Shelf (OCS). We are deep- the overall bill. It will not be just a There being no objection, the mate- ly appreciative of the leadership your Sub- New Jersey issue; it will be a broader rial was ordered to be printed in the committee has shown on this issue over the years and hope to work with you this year to issue. RECORD, as follows: Given the minimal benefit of offshore continue this vital protection. U.S. SENATE, drilling—at least based on the science The legislative moratorium language pro- Washington, DC, June 15, 2005. hibits the use of federal funds for offshore that has been applied to this issue—I Hon. PETER DOMENICI, leasing, pre-leasing and other oil and gas don’t see the need to be threatening Chairman, Committee on Energy and Natural drilling-related activities in moratoria over 800,000 jobs and the state revenues Resources, U.S. Senate, Washington, DC. areas, enhancing protection of those areas I mentioned earlier for what the Min- Hon. JEFF BINGAMAN, from offshore oil and gas development. As erals Management Service (MMS) esti- Ranking Member, Committee on Energy and you know, in 1990 President George H.W. mated in 2000 to be roughly 196 million Natural Resources, U.S. Senate, Wash- Bush signed an executive memorandum plac- barrels of oil off our coast. That, by the ington, DC. ing a ten-year moratorium on new leasing on DEAR CHAIRMAN AND RANKING MEMBER: We the OCS. In 1998, this moratorium was re- way, is enough to fuel this country’s are writing to express our strong opposition newed by President Bill Clinton and ex- needs for only 10 days. The MMS also to any amendment to the Senate Energy bill tended until 2012. As you know, President estimated a mean of only 2.7 trillion that would weaken or destroy the 24-year George W. Bush endorsed the moratorium in cubic feet of natural gas for the entire moratoria on drilling in the Outer Conti- his 2006 budget. These actions have all been Mid-Atlantic region. Compare that to nental Shelf (OCS). met with public acclaim and as necessary areas already open to drilling in the As we understand, you have agreed not to steps to preserve the economic and environ- Gulf—not those adjacent to Florida— vote for any amendments that alter the cur- mental value of our nation’s coasts. rent OCS moratoria with respect to sub- With a renewed interest in developing nat- that contain 18.9 billion barrels of oil merged lands off of Florida’s coast. ural gas and oil on the OCS, we believe it is and 258 trillion cubic feet of natural While believe that the current OCS mora- again imperative for Congress to reaffirm its gas. toria off the Florida’s coast should be pro- authority on this issue. Therefore, we re- I don’t know what kind of cost-ben- tected, we are deeply concerned that this spectfully urge you to include the OCS mora- efit analysis is being taken to be push- agreement leaves the coasts of our states torium language in the fiscal year 2006 Inte- ing forward with this offshore inven- vulnerable to amendments that would weak- rior and Environment Appropriations legis- tory, when the studies have already en the moratoria off other areas of the Outer lation. Specifically, we ask you to use the Continental Shelf. language in Sections 107, 108 and 109, Divi- shown the great capacity of one area As senators of coastal states whose envi- sion E, Department of the Interior and Re- versus what is expected to be found off ronment and economies would be in serious lated Agencies of the fiscal year 2005 Consoli- of New Jersey’s coast. danger should the OCS moratoria be weak- dated Appropriations Act (P.L. 108–447). We want to protect this moratoria. It ened in any way, we will oppose any provi- These sections restrict oil and gas activities is an issue I take very seriously. We sion that would threaten the moratoria, in- within the OCS in the Georges Bank-North hear there is the potential for weak- cluding, but not limited to amendments al- Atlantic planning area, Mid-Atlantic and ening the moratoria in another way by lowing states of opt out of the OCS mora- South Atlantic planning area, Eastern Gulf providing for potential amendments toria or provide for revenue-sharing as an in- of Mexico planning area, Northern, South- centive for states to opt out of the mora- ern, and Central California planning areas, that allow States to opt out of the toria. and Washington and Oregon planning area. moratoria and possibly even revenue- We are liking your commitment to oppose Once again, we encourage the Sub- sharing amendments that would en- any amendments that endanger the mora- committee to support these important provi- courage states to opt out of the mora- toria on one oil and gas leases in the entire sions, which represent over 20 years of bipar- toria. Allowing States to opt out would Outer Continental Shelf. As you know, Con- tisan agreement on the importance of pro- be detrimental to States’ neighbors. gress has infused language protecting the tecting the environmentally and economi- current OCS moratoria in annual appropria- cally valuable coastal areas of the United This is an argument long understood States. Thank you for your consideration of and argued by Florida. New Jersey’s tions bills since 1982. In addition, President George H.W. Bush declared a leasing morato- this request. coastline, obviously, is very close to rium on many OCS areas and President Clin- Sincerely, other States. Tides move across state ton issued a memorandum to the Secretary Members of the House of Representa- borders and fisheries don’t recognize of the Interior that extended the morato- tives: state borders. One State’s choice could rium through 2012 and included additional Lois Capps, Randy ‘‘Duke’’ Cunningham, end up being detrimental to another. OCS areas. Jeff Miller, Jim Davis, Michael

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6705 Michaud, Madeleine Bordallo, Ginny It was, for me, a matter of almost para- fully, and I wonder if it is in admira- Brown-Waite, Jay Inslee, Frank LoBi- disiacal value to be able to get to that tion or whether it is something else ondo, Rob Simmons, Mark Foley, Jim shore and never think about whether they had in mind. Langevin, Ed Case, Jim McGovern, we were going to step on plastics, nee- Mr. REID. Admiration. Sherrod Brown, Chris Smith, Dennis Mr. FRIST. Will the Senator yield? Cardoza, Frank Pallone, Jr., G.K. dles, oil spills, or anything like that. It Butterfield, Tom Feeney. was so much a part of our culture that Mr. LAUTENBERG. I yield, provided Pete Stark, Robert Wexler, Anna Eshoo, to change it in any way that we do not I do not lose the floor. Zoe Lofgren, Katherine Harris, Jerry have to is an act of poor judgment. Mr. FRIST. Mr. President, we will Nadler, Carolyn Maloney, Alcee Has- The top of the list, as far as we are have a very short colloquy here as to tings, Mike Honda, Hilda Solis, Grace concerned, is the New Jersey shore. We what to expect over the next several Napolitano, Mark Kennedy, Brian call it ‘‘the shore.’’ In the summertime, days. It will take 3 or 4 minutes. Baird, Susan Davis, Sam Farr, Clay few things are better than a day at the Mr. President, Senators have been Shaw, Christopher Shays, Rush Holt, beach, watching your children or your asking about the schedule for the after- Betty McCollum, Ellen Tauscher. grandchildren play in the surf or go out noon, tomorrow, and Monday. First of Barbara Lee, Dennis Moore, Raul Gri- jalva, Chris Van Hollen, Rahm Eman- on a fishing boat or learn something all, let me congratulate the chairman uel, Nick Rahall, Loretta Sanchez, about marine life. We have seen times and ranking member. We are making Tom Allen, Anthony Weiner, Jan Scha- when a spill occurs how it spoils an en- good progress. The fact that we do not kowsky, Brad Sherman, Jim tire area. have a lot of amendments flowing out McDermott, Kendrick Meek, Bob We are at a time now where in des- tonight or a lot of requests even for to- Etheridge, Dale Kildee, George Miller, peration we are searching for ways to morrow or Monday is a good sign. Donald Payne, Tom Lantos, Earl Blu- make up for our profligate use of oil. That, coupled with the fact we made menauer, Maxine Waters. We are looking around, trying to find substantial progress, leaves me very Wayne Gilchrest, Rosa DeLauro, Nancy ways to substitute for the bad judg- optimistic. We dealt with ethanol and Pelosi, Richard Neal, Dennis Kucinich, ment we used for so many years, for Ed Markey, Henry Waxman, Michael oil consumption. So we are making McNulty, Michael Bilirakis, Jane Har- letting it go, for not requiring cars to progress. man, Bart Stupak, Robert Menendez, meet standards for oil consumption or I will come back to what we are Barney Frank, Lynn Woolsey, Luis gas consumption. going to have to do next week. We will Gutierrez, Jim Saxton, Ileana Ros- Hurting our environment, having oil remain in session this afternoon for Lehtinen, William Delahunt, Peter ruin our most delicate and precious re- Members to offer additional energy-re- DeFazio, Mike Thompson, Juanita sources. It is just not right. lated amendments. However, if the Millender-McDonald. If one wants to fish or walk along the amendment requires a rollcall vote, we David Wu, Carolyn Maloney, Bob Filner, boardwalk, those from New Jersey go Mario Diaz-Balart, Robert Andrews, would order that for next week because to the shore. If you want an evening’s of the schedule of tomorrow. We will Lincoln Diaz-Balart, Xavier Becerra, recreation, you go to the shore. It is Howard Berman, Walter Jones, Connie have no further rollcall votes today. Mack, Diane Watson, Doris Matsui, nearby. It is part of our life. It is part After our business today, we will re- Linda Sa´ nchez, Debbie Wasserman of what we think of as the periphery of turn to the bill on Monday. Schultz, Ric Keller, Adam Schiff, our State: 127 miles of shore line, the I do want to continue to rely on the Corrine Brown, Jim Costa, Joe Baca, major economic engine for New Jersey. continued efforts of our colleagues to Tourism, as we heard from my col- Bill Pascrell, and Eliot Engel. come forward and offer amendments league, is a $30-billion industry and Mr. CORZINE. This is a big deal for now. They have the opportunity this supports hundreds of thousands of jobs. the State of New Jersey. It is for any- afternoon, early into the evening, and Seventy percent of all the State’s tour- one who is exposed to the coast and has throughout Monday. ism revenues originate at the shores. a tremendous amount of industry and I do want to put our colleagues on Our shores are very important to us. tourism that is the livelihood of those notice that if it looks as though there But it goes beyond the economy. It individuals who live near the shore. We is any question about finishing this bill goes beyond all kinds of things that can avoid the conflict as it relates to Thursday or Friday of next week—I one might think. When you look at the the overall energy policy. But it is the have told Senators on our side of the responsibility of those who are to de- marine ecology, when you see what happens with clam beds or shellfish aisle to expect votes on Friday, but we fend the interests of our State, to are going to complete this bill next stand up firmly to protect our econ- beds, we cannot fish them any more be- cause of contamination, because of tox- week. If there is any question about omy, to protect our environment, to that, I do want to put our colleagues on protect our quality of life. We do not ins. Those affect our everyday lives. For 35 States in this country, the notice that I likely will file cloture on need this conflict with regard to this Wednesday. And that is not even a bill. coast is at our door, the shore is right veiled threat at all, but it dem- I hope my colleagues will keep that there for us—for 35 coastal States. Of onstrates the importance on behalf of in mind in the days ahead. Otherwise, course, it includes the States in the there will be those who have to fight in Great Lakes area. They too have an in- our leadership, working with the ways that are not our preferred ap- terest in protecting their waters. So Democratic leader, that we need to proach especially when we would like when anyone proposes something that move ahead now and that we will finish to get a bipartisan energy bill to go could put our shores at risk, we take it this bill next week. forward. very seriously. Finally, it is also our intention on I yield the floor. Of course, that brings us to the bill the Bolton nomination to reconsider The PRESIDING OFFICER. The Sen- we are currently considering. There the cloture vote on Monday evening. I ator from New Jersey. has been a great deal of discussion mentioned earlier that we might do Mr. LAUTENBERG. Mr. President, about violating our longstanding prohi- that today, but discussions have con- first let me say to my friend and col- bition against offshore drilling by al- tinued, constructive discussions have league from New Jersey how much I lowing States to opt out of the morato- continued over the course of yesterday admire his commitment to our State rium. Now, what would that mean? We and over the course of today, and that and to the things that protect our envi- recently had a spill in the Delaware being the case, we have elected to have ronment and our well-being. I am very River. Did it do more damage to New that vote on Monday evening. That proud of Senator CORZINE. I have mixed Jersey than it did to Pennsylvania or vote will likely occur—I have not feelings about whether I want him to Delaware? It damaged all of them. talked specifically with the Demo- win the race in New Jersey because it Oceans know no boundaries, unless we cratic leader—around 6 o’clock. There- is nice to have a hometown boy around. put up a seawall that extends beyond fore, Senators should be present for I join Senator CORZINE in this at- the borders of our State way out into that important vote. tempt to protect our State from being the ocean and say: OK, you can drill on Let me turn to the Democratic lead- affected by drilling for oil off our shore that side but not the other. er. I would ask if he concurs that we line. When I was a boy, I had occasion I see the majority leader and Demo- must finish this bill next week. And to spend time at the New Jersey shore. cratic leader looking at me so wist- that is why, indeed, I mentioned we

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6706 CONGRESSIONAL RECORD — SENATE June 16, 2005 may have to file cloture, if we do not cloture vote on the Bolton nomination, pant of the Chair, coming from a beau- make continued progress. at 6 o’clock on Monday. We will com- tiful coastal State, tiny though it is, Mr. REID. Mr. President, the two plete the Energy bill next week. And but so much dependent on the sound managers of the bill are here. They are then we will turn to the appropriations and the ocean, I am sure understands ready to take amendments. All amend- bills, as we had planned. the risks of having oil rigs out there ments cannot be offered next week. Mr. REID. If the Senator will yield, I that could damage the culture of the When we come to these bills, it is al- also think if cloture is going to be filed State as well as the marine life and the ways: I am not quite ready; I will do it on this bill, it would be on a bipartisan ecology. We don’t want that to happen. tomorrow or next week. That time has basis. I think you would have an equal I don’t mean to speak for the Presiding arrived. We have worked through some number of Democrats and Republicans Officer, but I know that Rhode Island very difficult amendments this week— signing that cloture motion. And I has similar problems to States such as three extremely difficult amendments. think that it is really important for New Jersey. They are disposed of now. They were this body that we do that on occasion. Drilling poses serious threats to our complicated. They were difficult in the Mr. FRIST. That is the cloture mo- environment and to our economy. eyes of many. tion—— Drilling requires onshore infrastruc- As I see it, Mr. Leader, I think the Mr. REID. On the Energy bill. ture that can harm sensitive coastal big issue left, in major scope, is the Mr. FRIST. On the Energy bill. zones. The massive amounts of mud it global warming issue. A number of Mr. President, we yield the floor and displaces when drills go down into the Senators on both sides are concerned do thank our distinguished colleague earth must be dumped somewhere else. about this. I would hope that an from New Jersey for his consideration. The constant risk of oil spills cannot amendment would be offered Monday The PRESIDING OFFICER (Mr. be minimized. when we come in, debate this however CHAFEE). The Senator from New Jer- I was chairman of the Transportation long it takes, within a reasonable pe- sey. Subcommittee of Appropriations about riod of time, and dispose of it, maybe Mr. LAUTENBERG. Mr. President, 15 years ago when the Exxon Valdez Tuesday. I just think it is time we the point I was making just a few min- ran aground. Because I had Coast move on. utes ago was that we ought not permit Guard in my subcommittee, I took the I think what the majority leader has States to opt out of this moratorium, opportunity to get up to the place outlined, in consultation with me, is this prohibition against offshore drill- where the vessel was floundering with- extremely good; that we are going to ing because what happens in a neigh- in 3 days after it ran aground. It was in finish this bill next week. And no one boring State, whether it is Delaware or some way kind of a mystical allure. has been jammed on time. It has been Maryland or New York State or Con- You could see the sheen on the water, a hard week also because there have necticut or Massachusetts, affects and it spread with all of its color but been funerals and events that have what happens in my State very often. all of its menace at the same time. I taken some of our time, but we have The same is true on the Pacific side of saw brave people from our Department worked our way through that. things. The same is true for the Gulf of of Interior and Fish and Wildlife get- I think it would be good for the coun- Mexico. You cannot simply say: Let a ting off on these tiny islands with heli- try that they see we are now legis- State do the drilling. They may be copters and small boats and taking the lating. We have had a number of prob- more interested in the income than in birds out and fish and trying to clean lems earlier in the year. Those are the protection of the environment. But them up one by one wherever they over. And now the leader has said he we are not. I can’t emphasize strongly could. It was devastating. I visited wishes to pass a couple of appropria- enough the importance of protecting there at that time. I find out that tions bills before we leave in August. the sensitive marine areas off the New today, 16 years later, that disaster is That would set a good tone. The Appro- Jersey coast and other coastal States. still taking a toll on the environment. priations Committee met today. That For more than two decades, both When I take my grandchildren to the work has been done. The bill is ready Democratic and Republican adminis- beach, I don’t want them to discover to bring to the floor. trations have respected the morato- oil underneath a rock, as one still does So I hope we can move forward. rium on leasing and preleasing activi- in the area where the Exxon Valdez ran There is a tentative agreement—it is ties on the Outer Continental Shelf. aground. I don’t want them to see birds not finalized in any written form yet, But now we are talking about doing or mammals sickened by their inabil- but I have worked with the distin- away with this protection. It would be ity to breathe properly as a result of a guished majority leader now for a cou- foolish and shortsighted. One only coating of oil. I don’t want to hear ple weeks. There is an issue that is be- needs to look at the list of accidents at about the coral destruction that pro- fore the country, and that is stem cell sea and see what happened to neigh- vides the nutritional base for our fish research. We are going to try to work boring States or neighboring commu- and marine life. out something on that so we do not nities not at all connected to the place The Exxon Valdez spill was one of the have a bunch of side issues coming up where the accident happened. We just largest oil spills we have suffered, and on the legislation we have. We have ought not permit it. it was only one of many. According to had a number of important meetings, The Department of Interior’s Min- the Department of Interior, 3 million and I think we are at a point soon erals Management Service estimated in gallons of oil spilled from offshore op- where we can arrive at some way to the year 2000 that the waters off New erations in 73 incidents between 1980 dispose of this at a time certain. Jersey might hold enough oil to supply and 1999. It is an average of about four We have other issues that we have the country with 10 days of oil. What incidents a year, more than 40,000 gal- talked about—the Hawaiian issue and does it mean in the scheme of things? lons of oil per spill. That is more than China. These are all in the RECORD that Ten days of oil and run the risk of de- enough oil to ruin a beach town’s tour- we have to bring those up at a specified stroying marine life and a culture that ist season for years to come. time. So we have our plates full. And I is associated with coastal States? It is We cannot afford to damage our would acknowledge we probably might a part of our lives. Heaven forbid that shorelines—and we should not be asked have to do some of this next Friday. it changes from being part of our daily to do it—or the marine life that inhab- Mr. FRIST. Mr. President, I thank lives. its our coastal waters. Nature has been the Democratic leader. I believe it is Do we want to risk hundreds of thou- good to us. It supplies us with the seas pretty clear in terms of the plans: No sands of jobs for 10 days? I don’t think and the water and the land and the more rollcall votes today. We will have so. Do we want to risk changing the mountains. We ought to try as much as a pro forma session tomorrow. We ex- culture of our society, our coastal soci- possible to keep that intact. pect people to continue today to offer ety? I don’t think so. Ending the moratorium in any State amendments and to bring them forward The people of my State and the resi- completely undercuts the position our on Monday as well. dents of all coastal States do not want Nation has upheld for many decades. It We will have a rollcall vote on the oil and gas rigs marring their treasured clearly undercuts the stated wishes of Bolton nomination, to reconsider the beaches and fishing grounds. The occu- coastal States that would incur the

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6707 greatest damage. The United States emergency. In the 1970s, our Nation im- should embrace the Set America Free needs new sources of energy. I agree ported about one-third of our oil needs. agenda as an imperative for America with that. But where have we been in Many of us still remember then-Presi- for energy independence and security. these past years as the consumption of dent Jimmy Carter talking about the Since most of the oil and the over- oil increased? Buying it from people OPEC oil embargo and talking about whelming source of known oil reserves who aren’t even friends of ours, but the energy independence of America lie in one specific region of the world, who are always asking us to protect being the moral equivalent of war. Yet, the Middle East, our national security them in moments of trouble. And some since that time during the last 30 is held hostage to the whims of des- of those states we know have been ac- years, we have seen continuing reliance potic or increasingly unstable regions. cused of and it has been established and dependence on foreign oil so that Ominously, the money we pay for for- that they support terrorists who fight today 58 percent of the oil we need is eign oil helps pay for the activities of against us. Did that cause us to say: being imported. By 2020, we will be im- extremists and terrorists who hate the Hey, we ought to change things? No. It porting 70 percent more of our oil. United States and the West in general. didn’t. We simply said: Get bigger cars America today consumes one-quarter We need only to recall the horrors of 9/ and use more gas and let the devil take of the world’s oil supplies but has only 11 to know this hatred is real. Even the high road. It ought not be that 3 percent of the global reserves. Cur- worse, the money pit grows deeper be- way. The United States needs new rently, OPEC member countries cause as the world consumes more oil, sources of energy. produce about 40 percent of the world’s that oil becomes more expensive and Fortunately, our Nation has many oil and hold 80 percent of the proven the money that keeps some of those re- energy sources that are vastly under- global reserves, and 85 percent of those gimes in place gets more and more con- utilized. One of those sources for find- reserves are in the greater Middle East, centrated. So America is held hostage ing our way out of this mess is to con- including countries that are not par- in a tighter and tighter grip. There is tinue to invest in alternative methods ticularly friendly to the United States: only one way for us to fix this. Amer- for producing energy in universities Iran, Iraq, and Saudi Arabia. ica must embrace an imperative of en- and research institutes. We can bolster Twenty-two percent of the world’s oil ergy independence and security. We our Nation’s energy security without is in the hands of state sponsors of ter- have to set America free. drilling offshore. A day at the beach rorism and under U.S./U.N. sanctions, This energy bill, which is a bipar- should mean fun, clean water, natural and only 9 percent of the world’s oil is tisan bill, is a good first step. This en- beauty, not oil slicks or drilling rigs. in the hands of countries ranked ergy bill that is before the Senate We need to keep the existing prohibi- ‘‘free.’’ takes some very important steps: an tion on offshore drilling in place. That We are importing more oil at a time important step in energy conservation, is what Senator CORZINE and Senator when other growing nations continue which means we will do more with BILL NELSON and other Senators from to increase their imports of oil, includ- what we have; an important step in coastal States and I intend to do. ing China, which is exponentially in- embracing a new ethic of renewable en- Mr. President, I yield the floor, and I creasing its oil demand and imports. ergy for the 21st century, which will suggest the absence of a quorum. China’s oil imports were up 30 percent help us grow our own energy resources The PRESIDING OFFICER. The from the previous year, making it the in our country; an important step in clerk will call the roll. world’s No. 2 petroleum consumer only developing new technologies that will The assistant legislative clerk pro- after the United States, and there is no help us address the energy demands of ceeded to call the roll. end in sight in terms of how this na- our Nation and, also importantly, bal- Mr. SALAZAR. Mr. President, I ask tion of 1.3 billion people will continue anced development of existing fuel sup- unanimous consent that the order for to import oil from other places around plies. These are important steps to lead the quorum call be rescinded. the world. us to the goal of energy independence The PRESIDING OFFICER. Without Experts predict China’s large and and security. objection, it is so ordered. rapidly growing demand for oil will I want to review each of those steps Mr. SALAZAR. Mr. President, I rise have serious implications for United briefly. First, conservation. Energy ef- to discuss the Energy bill. Before start- States oil prices and supplies. Fully ficiency is the cheapest, cleanest, and ing my remarks, I want to once again one-quarter of the U.S. trade deficit quickest way for our country to extend thank Senator DOMENICI and Ranking today is associated with oil imports, its energy supplies and to begin to Member BINGAMAN for their excellent and as we have continued to grow on tackle the alarming increases in en- work on this bill for the last 5 months. our overreliance on foreign oil, it is in- ergy prices we have witnessed in the It is a source of great pride for me to credible for me to take a look at the past few years. see my two neighbors from the South, statistics with respect to American ve- This is far cheaper than any other from the Land of Enchantment, work- hicles. American vehicles today get form of energy, and for a good reason. ing so well together on such an impor- fewer miles per gallon than they did in Energy efficiency is not subject to tant issue. 1988. transmission losses, and it is not sub- I also want to reiterate my thanks to What that tells us is this Nation has ject to fluctuations in the price of fos- their key staff, Alex Flint, Judy not taken the energy crisis we cur- sil fuels or the availability of a renew- Pensabene, Lisa Epifani, Bob Simon, rently have in a series enough fashion. able resource. and Sam Fowler. Without the work of It is an imperative for us to do so, and The Energy bill contains a number of the staff, we would not have gotten to this energy bill we are considering very good provisions for conservation. the point in this legislation where we today in the Senate is part of our re- It establishes requirements for energy are today. sponse to try to make sure we live up and water savings in congressional I also want to congratulate Senator to the challenges we face in America buildings so that we in Congress can BINGAMAN and his staff on their suc- today. tell the rest of the Nation that we also cessful inclusion of the RPS amend- In my view, the answer to the energy will walk the walk on conservation. It ment. They have done this Nation a crisis we face is that we must do every- establishes new conservation goals on great favor. thing we can to set America free from energy measurement and account- The Nation has a real problem. When its overdependence on the importation ability standards for Federal buildings I look at the issues that face America of foreign oil. Indeed, leading American and agencies all over the country. This today, I believe the two most signifi- conservatives and progressive organiza- is significant, for one of the Nation’s cant domestic issues facing America, tions, both Republicans, Democrats, largest if not the largest landlords is America’s families and America’s busi- and Independents alike, have come for- the Federal Government. nesses are health care and the energy ward with a concern about the security It extends the energy savings per- crisis of America. Today, this Chamber and economic implications of Amer- formance contracts, ESPCs, for 10 is addressing the challenge of energy. ica’s growing dependence on foreign years. These contracts are an excellent The problem can be described in lots oil. These groups have formed a coali- mechanism by which the Federal Gov- of different ways, but it is, in fact, an tion called Set America Free. We ernment is guaranteed to save money

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6708 CONGRESSIONAL RECORD — SENATE June 16, 2005 and save energy, savings that can be much as 500 percent energy return. And powered purely by electrical batteries, passed on directly to the taxpayers of once we are at that point, we will be on the amount of gasoline conserved in America. the edge of a brand new frontier for do- America would increase significantly. The program provides private financ- mestic biofuel production. This kind of out-of-the-box thinking, ing of energy-saving improvements for Finally, ethanol and biodiesel are combined with solid technological Federal buildings. good for the environment. Net carbon underpinnings, is exactly what Amer- The Senate Energy bill also author- dioxide emissions from biofuels are ica needs to move us forward. izes or extends energy assistance for lower than from fossil fuels, because Already a hybrid plug-in car has been State programs, such as weatherization the carbon released during combustion demonstrated at over 100 miles per gal- assistance, energy-efficient appliance was taken out of the air by the agricul- lon, nearly 4 times our current na- rebate programs, and grants to States tural crops in the first place. tional fuel economy. Five hundred and local governments to create more Ethanol and biodiesel are both young miles per gallon is a lofty goal, no energy-efficient buildings. industries in Colorado, but I believe doubt. But only by setting high stand- The Senate Energy bill also sets en- that these biofuels are essential to our ards can we achieve great results and ergy efficiency standards for exit signs, energy future, and the farmers of Colo- see progress soar. for lamps, certain transformers, traffic rado believe that they are a key com- Let me address balanced develop- signals, heaters, lamps, refrigerators ponent of that future. And truth be ment and non-traditional sources of en- and freezers, air conditioners, washing told, I simply like the idea of growing ergy in the bill. To pursue energy inde- machines, dehumidifiers, commercial and harvesting our transportation pendence, we must also work to de- ice makers, pedestrian signals, mer- fuels. It seems to me that this is a true velop our own natural resources. But cury vapor light ballasts, and pre-rinse way forward for America. this development must be done in a spray valves. The energy portions of Third, Technology. The energy bill balanced and responsible way. this legislation are a strong indication also includes provisions for the devel- Over the past 2 decades the Rocky of the direction in which this country opment of Integrated Gasification Mountain West, including my State of has to head, and that is to be more effi- Combined Cycle plants—IGCC, com- Colorado, has experienced an incredible cient with the fuel resources that are monly referred to as gasification. boom in natural gas exploration and available for us. Using this technology, we can extract production. This activity has been cen- Second, renewable energy—renewable energy from coal in a much more envi- tered in Western Colorado, also known energy is a great opportunity for the ronmentally responsible way than the as the Western Slope. United States of America in the 21st pulverized coal plants in use today. The exploration and production tak- century. Nothing is more important in IGCC significantly reduces mercury, ing place on the Western Slope is on this bill than its call for increased use sulfur, and nitrogen oxide pollution. It public lands as well as private lands. of renewable energy. I am particularly uses our most abundant natural re- With over 60 drilling rigs operating in proud of the people of Lamar, CO. source—coal. And it can be used to our state this month—as many as Wyo- Their efforts to produce clean, renew- fake a synthetic natural gas, which ming—there is tremendous pressure on able energy are a great service to the means coal can help drive down the our local land and communities. entire Front Range of Colorado. The ef- price of natural gas. IGCC can also be Responsible development, balanced forts in Lamar literally keep the lights used to make fertilizer—fertilizer is development, means that some places on. normally made from natural gas. The are simply not appropriate for drilling This morning, in our Denver Post in fertilizer industry has been shutting its or exploration. Some places are too Colorado, they talked about the town’s doors in America, and fertilizer prices pristine to allow the potential environ- efforts to make their voices heard on have been going up ever since our nat- mental damage that comes with fossil the Senate floor. I assure you, Mr. ural gas prices became so high. IGCC fuel development. In Colorado, we have President, and all of the people in also offers modest gains in efficiency the unique Roan plateau, and I do not Lamar, we hear you, and we thank you today, and the potential for great gains believe the top of the Plateau should be for your support for renewable energy. tomorrow. I think that the steps the opened for drilling. The Energy bill directs the Secretary energy bill takes towards developing Colorado is also home to the world’s of Energy to compile a detailed inven- IGCC are good ones. And I it comes at best deposits of Oil Shale from which tory of the Nation’s renewable energy a crucial time. unconventional oil can be derived. Es- resources and also establishes a renew- Although the bill contains good pro- timates are that over one trillion bar- able fuels standard. I am proud to be a visions to move forward with gasifi- rels of unconventional oil could be re- cosponsor of the renewable fuels stand- cation for electrical energy production, covered from the oil shale in Colorado, ard provision of the Senate Energy bill. it does not yet have the necessary in- Utah, and Wyoming. Even a fraction of This amendment calls for 8 billion centives for reducing gasoline con- that amount would be an important gallons of ethanol and biodiesel to be sumption by motor vehicles. contribution to what must be a na- produced in America by 2012. This There are about 800 million cars in tional priority: lessening our depend- amendment is good for America and active use worldwide. By 2050, as cars ence on foreign oil. good for the environment. become more common in China and Oil shale development has failed in Growing our own transportation fuels India, it will be 3.25 billion. the past due to technical, environ- directly reduces our dependence on for- In America alone, two-thirds of U.S. mental and economic problems. If we eign oil. It not only reduces our de- oil consumption is due to the transpor- are to successfully develop oil shale we pendence on foreign oil now, it prom- tation sector. must follow the principle of sustain- ises to reduce our imports even more in These two facts alone tell us that we ability; a marathon, not a sprint. Sus- the near future. The production and need greater fuel economy. tainability will focus on the long-term use of 8 billion gallons of ethanol and I do not believe we are doing enough development of oil shale. The develop- biodiesel by 2012 will displace more to promote vehicle fuel economy. ment must take place in cooperation than 2 billion barrels of crude oil, and The Energy Future Coalition and Set with States and local communities. it will reduce the outflow of dollars to America Free are promoting the idea The development must be based on foreign oil producers by more than $60 of a plug-in, hybrid car that gets 500 sound economics. We must make sure billion. miles per gallon. Unless you are a mul- we have developed oil shale in an envi- An important provision of this re- timillionaire, I imagine you—most ronmentally responsible manner. newable fuel standard is that it pro- consumers in America—would go for I am cautiously optimistic that the vides incentives for the development of cars that can go 70, 100—500 miles on a future of oil shale will include its con- cellulosic ethanol. Current methods of gallon of gas. As revolutionary as it tribution to lessening the dangerous producing ethanol have an energy re- sounds, consider that a significant por- dependence of the United States on for- turn of about 35 percent, but cellulosic tion of American driving is done over eign oil. If we do not rise to meet this ethanol, which will soon become eco- short distances to and from the store opportunity, we will only have our- nomically feasible, will provide as or to and from work. With shorter trips selves to blame when in the years

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6709 ahead we look back and wonder what He has made a terrific contribution on Mr. CORZINE. Mr. President, I first we might have done better to set energy. I appreciate his remarks. thank Chairman DOMENICI and the America free. We have come a long way in our work ranking member, Senator BINGAMAN, There is a component of the energy on energy over the last couple of years, as well as both of their staffs on the challenge we face which must be ad- and while we still have some important Energy Committee for all of their hard dressed and on which there will be fur- differences of opinion—we saw some of work on preparing an energy bill. Their ther dialog in this Senate in the days those expressed today—they are dif- leadership has allowed tbe Senate to ahead, and that is the issue of climate ferences of emphasis, important dif- come together to develop a comprehen- change. Climate change is happening. ferences of emphasis. I don’t want to sive energy policy that is paramount to The scientists of America agree that minimize that. For my part, I see us our Nation’s future national and eco- climate change is here and that we moving toward a different way of nomic security. must address it. The business commu- thinking about how we produce energy With reservation on some issues, I nity of America comes together with in this country. We have gone from supported the Energy Committee bill. companies such as DuPont and GE. having the lowest natural gas prices in I rise today to speak about one of They say we must address this issue. the world to the highest. Gasoline those particular issues—one of great As we move forward in the days ahead prices are too high. We see that despite importance to the people of New Jer- to complete our work on the energy all of our efforts to reduce our use of sey—the threat of oil and gas drilling legislation, it is my hope that we in- oil, we are still importing more oil off the coast of New Jersey’s 127 miles clude provisions that address the issue than we should. So we need to do of shore. of carbon emissions and global warm- things differently. All of my colleagues heard Senator ing. My formula for doing that is largely NELSON and Senator MARTINEZ speak In conclusion, let me say that when I representative of the bill that was re- on the floor this week about Florida’s think back to the greatest generation ported 21 to 1. First, conservation and treasured coasts and how important it of time, just like many of my col- efficiency. I heard the Senator talk is to Florida’s environment and econ- leagues in this Senate, I think back to about that. Second, new supplies of omy that its coasts be protected from my father and my mother, part of that natural gas, as well as oil try to get any weakening of the moratoria on ‘‘greatest generation’’ of World War II, the price of natural gas down for farm- drilling in the Outer Continental Shelf. where they knew that anything was ers, for homeowners, and for busi- My colleagues from Florida should possible in America and no challenge nesses. To do that, unfortunately, we take every step necessary to protect was too high or too steep to climb as will have to import liquefied natural their beaches and coastal waters. As a an American nation. That was truly gas for the next few years. Otherwise, Senator from a coastal State where the unique spirit of the American peo- we will be exporting jobs. We can ei- tourism is the second largest industry, ple. ther import some gas or export the I, too, will take every step necessary to Today, when we face the crisis we are jobs, one or the other—that is going to protect the Jersey shore from any ef- in with our overdependence on foreign be our choice—so we have an adequate fort to weaken the longstanding bipar- oil and our energy crisis, it requires and substantial supply of low-cost tisan moratoria on drilling in the OCS. the same kind of spirit we saw in that American-produced clean energy. We As I understand it, the chairman and generation of World War II. It requires then need to aggressively move on nu- ranking member have both agreed to the kind of leadership and courage we clear power, and we aggressively need oppose any amendments that would saw with people such as Abraham Lin- to—and I believe there is a consensus open up the OCS moratoria in the sub- coln, who staked the life of the Nation on this—we aggressively need to ex- merged lands off of Florida’s coast. over the Civil War and resulted in the plore the best technology for clean coal I am, of course, opposed to any such 13th, 14th, and 15th amendments and gasification and to make that work exemptions from the moratoria, so I forever changed our Nation. It requires best to see if we can find a way to cap- am pleased that both Senator DOMENICI the leadership and vision and courage ture the carbon that is produced and and Senator BINGAMAN have also taken of someone such as Franklin Roosevelt, put it in the ground. If we are able to that position. who could lead us through the Depres- do that, we then will have enough That being said, I find it more than a sion and prepare us to win World War clean energy to run this economy and little disconcerting that the rest of the II. It requires the leadership of people keep our jobs here as well as set an en- moratoria on the OCS still remain vul- such as John Fitzgerald Kennedy, who vironmentally good example for the nerable to similar amendments that said that we could reach the Moon and rest of the world. I hope that is the seek to weaken or destroy the mora- we could do it within 10 years. That is path we are on. toria. the kind of boldness we need in this en- I salute the Senator for his contribu- As you may know, protecting the ergy legislation to make sure we get tions. OCS moratoria has been a priority of rid of our overdependence on foreign oil Mr. SALAZAR. Will the Senator mine since my tenure began in the Sen- and that we set America free, not only yield? ate. for our generation but for generations Mr. ALEXANDER. Of course. Along with Senator LAUTENBERG, I to come. Mr. SALAZAR. Mr. President, I wish introduced the Clean Ocean and Safe I yield the floor. to provide a note of commendation for Tourism Anti Drilling Act, COAST, in Mr. ALEXANDER. Mr. President, I the junior Senator from Tennessee. We the 107th, 108th and 109th Congresses. congratulate the Senator from Colo- have long known his work as Governor This bill would make permanent the rado for his remarks on energy and for of Tennessee, where he worked hard on moratoria on OCS drilling in the Mid- his work on the Energy Committee this behalf of land and water issues. It was and North Atlantic planning areas. year. through his leadership and the leader- I know with certainty the people of The Senator from Colorado is new to ship of both Democrat and Republican New Jersey do not want to see oil and the Senate. I have not been here that colleagues on the Senate Energy and gas rigs off of our coast. As one of the long myself, but it is refreshing to see Natural Resources Committee that we fastest growing regions in the most him here. I loved it when someone were able to accomplish what is only densely populated State in the coun- asked, How long have you have been in seldom done in Washington, DC; that try, the New Jersey shore relies on the the United States—12 generations or is, the production of a bipartisan piece beauty and cleanliness of its beaches 13? of legislation that is a very good begin- and the protection of its fishing Mr. SALAZAR. We were here before ning for energy policy framework for grounds for a huge part of our State’s the United States was here, so 407 the 21st century. I acknowledge the revenue. years ago. great contributions to that effort on The New Jersey Department of Com- Mr. ALEXANDER. So he has the the part of Senator ALEXANDER and all merce calculates tourism alone gen- longest lineage—his family does, I be- the members of the Energy Committee. erates more than $31 billion in spend- lieve—of anyone in the territory we I thank the Senator. ing, directly and indirectly supports now call the United States of America. I yield the floor. more than 836,000 jobs, more than 20

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6710 CONGRESSIONAL RECORD — SENATE June 16, 2005 percent of total State employment, weakening of the moratoria. These ac- Mexico already open to drilling contain 18.9 generates more than $16.6 billion in tions are as threatening to New Jer- billion-barrels of oil and 258.3 trillion cubic wages, and brings in more than $5.5 bil- sey’s economy as killing ethanol is for feet of natural gas. lion in tax revenues to the State. corn growing States. In addition, we will also work to fight Any drilling or even the threat of I am also prepared to fight any against any provision that would allow drilling poses a real threat to New Jer- amendment that would provide a rev- states to opt out of the OCS moratorium. If a state chooses to opt out of the morato- sey’s environment, economy, and way enue-sharing incentive for States to rium, it would be impossible for nearby of life. Remember, New Jersey is a opt out of the moratoria. There is states to protect their coasts from accidents State that already holds its own in much that is good in this bill and many that could happen as a result of drilling. supporting energy production and re- good amendments to be considered, es- We will take every step to oppose any pro- fining for the Nation. pecially those offered by Senator CANT- vision that would weaken the OCS morato- We have three nuclear power plants, WELL and Senator BINGAMAN. rium. We ask you to join us in our effort to many traditional power plants, support I have a bipartisan, bicameral Dear protect our nation’s precious coastlines, ma- siting of an LNG terminal, and we are Colleague letter from the New Jersey rine ecosystems and ocean waters. debating wind alternatives. And New delegation expressing our concern with Sincerely, the inventory included in this bill, as Jon Corzine, Frank B. Lautenberg, Jersey is the East Coast hub for oil re- Frank Pallone, Jr., Frank A. LoBi- fining. We are growing our energy busi- well as these moratoria-threatening ondo, Jim Saxton, Robert Menendez, nesses. But risking and exploiting our amendments I have been discussing. I Donald M. Payne, Steven R. Rothman, shore is a step too far. ask unanimous consent that this letter Bill Pascrell, Jr., Robert E. Andrews, I am not the only Senator who has be printed in the RECORD. Rush Holt, Chris Smith, Mike Fer- concerns about the amendments to this There being no objection, the mate- guson, and R.P. Frelinghuysen. energy bill that would weaken the OCS rial was ordered to be printed in the Mr. CORZINE. Mr. President, I am also cir- moratoria. I have been in contact with RECORD, as follows: culating a letter that has already been many coastal State Senators who agree CONGRESS OF THE UNITED STATES, signed by many coastal Senators and I ex- that this bill must not include any pro- Washington, DC, June 13, 2005 pect will be signed by additional Senators visions that undermine the moratoria. DEAR COLLEAGUE: We are writing to ex- that expresses our firm resolve that any My concern is reinforced by the in- press our strong opposition to a provision in amendments that threaten the OCS mora- the Senate Energy Bill that directs the De- toria in any way is unacceptable. ventory provision already included in partment of Interior to inventory all poten- the underlying bill. I am strong1y op- Finally, I have a bipartisan letter tial oil and natural gas resources in the en- here signed by over 100 Members of the posed to this provision and voted tire Outer Continental Shelf, including areas against it during committee markup. off of the New Jersey coast. House of Representatives stating their I consider this provision a step onto This provision runs directly counter to strong support for the current legisla- a slippery slope toward the eventual language that Congress has included annu- tive moratorium on new mineral leas- drilling off the New Jersey coast and ally in appropriations bills to prevent leas- ing activity on submerged lands of the ing, pre-leasing, and related activities in other areas currently under the OCS Outer Continental Shelf. I ask unani- most areas of the Outer Continental Shelf. mous consent that this letter be print- moratoria and possibly exposing our Since 1982, a statutory moratorium on ed in the RECORD. beaches and fisheries to unnecessary leasing activities in most Outer Continental risks from adjacent locals. Shelf, OCS, areas has been included annually There being no objection, the mate- Give the minimal benefit and signifi- in Interior Appropriations acts. In addition, rial was ordered to be printed in the cant downside of drilling off the coast President George H.W. Bush declared a leas- RECORD, as follows: of New Jersey, I do not believe it is ing moratorium on many OCS areas on June CONGRESS OF THE UNITED STATES, worth threatening over 800,000 New Jer- 26, 1990 under Section 12 of the OCS Lands Washington, DC, April 29, 2005. Act. On June 12, 1998, President Clinton used Hon. CHARLES TAYLOR, sey jobs to recover what the Minerals the same authority to issue a memorandum Management Service estimated in 2000 Chairman, Subcommittee on Interior and Envi- to the Secretary of the Interior that ex- ronment, Committee on Appropriations, to be 196 million barrels of oil, only tended the moratorium through 2012 and in- Rayburn House Office Building, Wash- enough to last the country barely 10 cluded additional OCS areas. ington, DC In addition, this provision in the Energy days and 2.7 trillion cubic feet of nat- Hon. NORM DICKS, ural gas for the entire Mid-Atlantic re- Bill would allow the use of seismic surveys, Ranking Member, Subcommittee on Interior and gion. dart core sampling, and other exploration Environment, Committee on Appropriations, technologies, all of which would leave these This level of estimated production Longworth House Office Building, Wash- areas vulnerable to oil spills, drilling dis- ington, DC. can in no way be justified. charges and damage to coastal wetlands. In comparison, areas off the Gulf of The people of New Jersey, and other resi- DEAR CHAIRMAN TAYLOR AND RANKING Mexico already open to drilling contain dents of States along the Atlantic Coast, do MEMBER DICKS: We are writing to express our 18.9 billion barrels of oil and 258.3 tril- not want oil or gas rigs anywhere near their strong support for the longstanding bipar- tisan legislative moratorium on new mineral lion cubic feet of natural gas. treasured beaches and fishing grounds. Such drilling poses serious threats not only to our leasing activity on submerged lands of the There are other amendments being Outer Continental Shelf (OCS). We are deep- floated about which cause even greater environment, but to our economy, which de- pends heavily on tourism along our shore. ly appreciative of the leadership your Sub- concerns with regard to weakening the Coastal tourism is New Jersey’s second-larg- committee has shown on this issue over the moratoria. One of these potential est industry, and the New Jersey Shore is years and hope to work with you this year to amendments would allow States to opt one of the fastest-growing regions in the continue this vital protection. out of the moratoria. country. According to the New Jersey De- The legislative moratorium language pro- Allowing States to opt out of the partment of Commerce, tourism in the Gar- hibits the use of federal funds for offshore moratoria could be detrimental to a den State generates more than $31 billion in leasing, pre-leasing and other oil and gas State’s neighbors—an issue Florida has spending, directly and indirectly supports drilling-related activities in moratoria more than 836,000 jobs, more than 20 percent areas, enhancing protection of these areas long understood and argued. from offshore oil and gas development. As New Jersey’s coastline is very close of total state employment, generates more than $16.6 billion in wages, and brings in you know, in 1990 President George H.W. in proximity to other States’ coasts. more than $5.5 billion in tax revenues to the Bush signed an executive memorandum plac- Tides move across State borders. state. ing a ten-year moratorium on new leasing on Fisheries and fish don’t recognize State Considering the minimal benefit and sig- the OCS. In 1998, this moratorium was re- borders. New Jerseyans have more than nificant downside of drilling off the coast of newed by President Bill Clinton and ex- ample reason to be concerned if a near- New Jersey, we do not believe it is worth tended until 2012. As you know, President by State decided to opt out of the mor- threatening over 800,000 New Jersey jobs to George W. Bush endorsed the moratorium in recover what the Minerals Management his 2006 budget. These actions have all been atoria and allow drilling off its coast. met with public acclaim and as necessary As you can see, we appear dan- Service (MMS) estimated in 2000 to be 196 million barrels of oil, only enough to last the steps to preserve the economic and environ- gerously close to the beginning of the country barely ten days. The MMS also esti- mental value of our nation’s coasts. breakup of the OCS moratoria. This mated a mean of only 2.7 trillion cubic feet With a renewed interest in developing nat- should not occur, and I am prepared to of natural gas for the entire Mid-Atlantic re- ural gas and oil on the OCS, we believe it is fight any amendment promoting a gion. In comparison, areas of the Gulf of again imperative for Congress to reaffirm its

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6711 authority on this issue. Therefore, we re- MORNING BUSINESS a female crime victim is half the sum spectfully urge you to include the OCS mora- paid for a man. A married woman must torium language in the fiscal year 2006 Inte- Mr. ALEXANDER. I ask unanimous consent that there now be a period for obtain the written consent of her hus- rior and Environment Appropriations legis- band before traveling outside the coun- lation. Specifically, we ask you to use the morning business with Senators per- language in Sections 107, 108 and 109, Divi- mitted after I speak for up to 10 min- try. sion E, Department of the Interior and Re- utes each. In his book, Ayatollah Khomeini re- lated Agencies of the fiscal year 2005 Consoli- The PRESIDING OFFICER. Without quires that young girls should be mar- dated Appropriations Act (P.L. 108–447). objection, it is so ordered. ried before they reach the age of pu- These sections restrict oil and gas activities Mr. ALEXANDER. I also ask unani- berty. A woman does not have the right within the OCS in the Georges Bank-North to divorce her husband, but a man can Atlantic planning area, Mid-Atlantic and mous consent that I may bring in a few boxes of regulations about which I am divorce his wife anytime he wishes and South Atlantic planning area, Eastern Gulf without her knowledge. A man is al- of Mexico planning area, Northern, Southern going to speak on higher education. and Central California planning areas, and The PRESIDING OFFICER (Mr. lowed to marry four wives and have as many temporary wives as he wants and Washington and Oregon planning area. BURR). Without objection, it is so or- Once again, we encourage the Sub- dered. may end the contract at any time with a temporary wife on a temporary mar- committee to support these important provi- (The remarks of Mr. ALEXANDER per- sions, which represent over 20 years of bipar- taining to the introduction of S. 1261 riage. Temporary marriage is often tisan agreement on the importance of pro- viewed as the Islamic Republic’s way of are located in today’s RECORD under tecting the environmentally and economi- sanctioning male promiscuity outside cally valuable coastal areas of the United ‘‘Statements on Introduced Bills and Joint Resolutions.’’) of marriage. Mothers do not get cus- States. Thank you for your consideration of tody of their children when husbands this request. The PRESIDING OFFICER. The Sen- Sincerely, ator from Kansas. divorce them. A widow does not get the Lois Capps, Randy ‘‘Duke’’ Cunningham, custody of her children after the death Jeff Miller, Jim Davis, Michael f of her husband. The children will be Michaud, Madeleine Bordallo, Ginny WOMEN IN IRAN given to the parental grandparents, Brown-Waite, Jay Inslee, Frank LoBi- and the mother has no right to visita- ondo, Rob Simmons, Mark Foley, Jim Mr. BROWNBACK. Mr. President, a tion. If the husband has no family, the Langevin, Ed Case, Jim McGovern, big event is taking place in another mullah of the community takes cus- Sherrod Brown, Chris Smith, Dennis country tomorrow. The Iranian elec- tody of the child. Daughters get half Cardoza, Frank Pallone, Jr., G.K. tions are going to take place for the Butterfield, Tom Feeney. the inheritance than that of their sons. presidency and leadership in Iran. This I point this gender apartheid out be- Pete Stark, Robert Wexler, Anna Eshoo, is a bogus election. The people of Iran Zoe Lofgren, Katherine Harris, Jerry cause when I heard about it, I was Nadler, Carolyn Maloney, Alcee Has- are not having a fair choice. A number stunned. I wanted other Members of tings, Mike Honda, Hilda Solis, Grace of people are calling for a boycott of the body to realize this is taking place. Napolitano, Mark Kennedy, Brian elections in Iran, which is unusual for The greater focus of what is taking Baird, Susan Davis, Sam Farr, Clay us but not for them, because the whole place in Iran has been primarily on nu- Shaw, Christopher Shays, Rush Holt, slate of those who have been nomi- clear weapons development. But there Betty McCollum, Ellen Tauscher. nated has been selected by the ruling is a humanitarian and a human crisis Barbara Lee, Dennis Moore, Rau´ l Gri- council of Iran. and certainly a human rights crisis in jalva, Chris Van Hollen, Rahm Eman- If you were even going to be on the uel, Nick Rahall, Loretta Sa´ nchez, that country. Tom Allen, Anthony Weiner, Jan Scha- ballot, you had to have been selected I have come here shortly before the kowsky, Brad Sherman, Jim by the ruling council. So there may be Iranian presidential elections. These McDermott, Kendrick Meek, Bob eight people running for president; elections hold no hope of change for Etheridge, Dale Kildee, George Miller, some have dropped out, others added the people of Iran. They are elections Donald Payne, Tom Lantos, Earl Blu- in. They all had to be appointed, actu- that will be boycotted and protested, menauer, Maxine Waters. ally, to be candidates. and they are elections that have been Wayne Gilchrest, Rosa DeLauro, Nancy I wanted to draw this point to the manipulated by the supreme leader and Pelosi, Richard Neal, Dennis Kucinich, body that there is not just a nuclear Ed Markey, Henry Waxman, Michael the council of guardians. Just last McNulty, Michael Bilirakis, Jane Har- crisis going on in Iran; there is a week women in Iran staged a sit-in to man, Bart Stupak, Robert Menendez, human crisis that is taking place in protest the disqualification of women Barney Frank, Lynn Woolsey, Luis that country. These elections that will from running in the elections. Gutierrez, Jim Saxton, be reported on are not elections. They The people of Iran want change. That Lehtinen, William Delahunt, Peter are appointments that are taking change will not come through these DeFazio, Mike Thompson, place. It is in many respects a fairly elections. But it will come through in- Juanita Millender-McDonald, David Wu, porous society, and yet there are se- ternal, strong demonstrations, and it Carolyn Maloney, Bob Filner, Mario vere restrictions placed on freedom of Diaz-Balart, Robert Andrews, Lincoln will come through strong international Diaz-Balart, Xavier Becerra, Howard speech, on press, assembly, association, support for the very people who protest Berman, Walter Jones, Connie Mack, and religion. and boycott these elections. Rep. Diane Watson, Doris Matsui, The U.S. Commission on Inter- Iran has a young and vibrant base Linda Sa´ nchez, Debbie Wasserman- national Religious Freedom has con- that, with the support of the inter- Schultz, Ric Keller, Adam Schiff, cluded that ‘‘the government of Iran national community, could promote Corrine Brown, Jim Costa, Joe Baca, engages in or tolerates systematic, on- major change in Iran and the region. I Bill Pascrell, and Eliot Engel. going, and egregious violations of reli- encourage the Iranian-American com- Mr. CORZINE. Mr. President, these gious freedom, including prolonged de- munity to unite, build strong coali- letters indicate the bipartisan, bi- tention and executions based primarily tions to further promote democracy cameral support to protect the current or entirely upon religion of the ac- and fundamental respect for human OCS moratoria. Moving in the direc- cused.’’ I just met with members of the rights in Iran. I encourage this body to tion of ending the moratoria will bring Ba’hai faith who talked about the se- support democracy building, civil soci- unnecessary opposition to the overall vere persecution of the Ba’hai in Iran. ety building in and for Iran. objective. But the specific item I wanted to I encourage other Members to con- Residents of coastal States should point out even prior to this election is tinue to speak up on behalf of the op- not have to fear the specter of oil rigs the gender apartheid that takes place pressed in Iran and voice strong sup- off their beaches. Again, I thank the in Iran. I received this recently from port for the people who so desperately Chair and ranking member for their the Alliance for Iranian Women. want to see democracy flourish. leadership on the bill, and I look for- The State Department has reported This is a key issue and a timely one. ward to working with them. I hope that the testimony of a woman in Iran These elections are taking place soon. they will join me in protecting our pre- is worth half that of a man in court. People need to know this is a bogus set cious coastlines. The blood money paid to the family of of elections.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6712 CONGRESSIONAL RECORD — SENATE June 16, 2005 I yield the floor. the height of the Cold War for some 5 I yield the floor to anybody who The PRESIDING OFFICER. The Sen- years in the Pentagon and actually had wishes to question me or I will con- ator from Virginia is recognized. a great deal of work with the Soviet tinue. Mr. WARNER. Mr. President, may I Union at that period of time in the The PRESIDING OFFICER. The Sen- inquire of the Presiding Officer of the context of that threatening situation ator from Florida. order to speak as in morning business of the Cold War. Mr. DURBIN addressed the Chair. for about 10 minutes. There is just no relationship to this. Mr. MARTINEZ. Mr. President, I The PRESIDING OFFICER. The Sen- I was astonished. I did not want to let wish to ask the Senator from Virginia ator is informed that we are in morn- the Sun go down on this day without a question relating to this. ing business. The Senator is recognized conveying to the Senate my own his- I also was troubled by the comments. for up to 10 minutes. torical perspective and the danger that I was troubled by the fact that there f loose comments such as that—compari- seems to be no proportionality between the abuse of the civilian population in GUANTANAMO sons which have no basis in history— could do harm to the men and women a systematic way versus the detention Mr. WARNER. Mr. President, yester- serving wherever they are in the world of combatants in a very different sense, day, apparently, on the floor of the today in this war on terrorism because in a different way. Senate and elsewhere, certain state- this is the type of thing that is picked I think the proportionality is impor- ments were made with regard to the up and utilized by press antithetical to tant to be kept in mind. I had earlier American service personnel serving in the interests of the United States and last week made some comments of my Guantanamo. I am now paraphrasing distorted in their own way. concerns about Guantanamo in which I what was reported in the Washington It has to be addressed. I was prepared wondered if it was serving our public Times of June 16, when it is alleged to do that. diplomacy, our long-term interests. that in this article on the floor of the However, I do know that the treat- Mr. MCCONNELL. Mr. President, Senate, this statement was made: may I ask the Senator one other ques- ment, having been there, is appropriate If I read this to you and did not tell you tion? as to the detainees. that it was an FBI agent describing what I used to be mayor of Orange County, Mr. WARNER. Yes. Americans had done to prisoners in their and I know the conditions under which control, you would most certainly believe Mr. MCCONNELL. The Senator from the prisoners in the Orange County this must have been done by Nazis, Soviets Virginia mentioned the gulags in the jail, which was terribly overcrowded, in their gulags, or some mad regime—Pol Soviet period. It is my recollection— Pot or others—that had no concern for at times would be sleeping on mat- correct me if I am wrong—that up to 20 tresses on the floor, and situations human beings. Sadly, that is not the case. million people were murdered during This was the action of Americans in the such as that. treatment of prisoners. that period from 1930 to 1950. Having visited both facilities, the de- Mr. WARNER. Yes. I do not have the Mr. President, as you can see by this tainees at Guantanamo seem to have a accurate figures. I know Stalin had shock of gray hair, I have lived now much better day-to-day living situa- purged part of his country for no other these 78-plus years, and I remember tion, and certainly I saw no evidence of reason than he just wanted to get rid of these periods of history that were cited any systematic abuse. the people by the millions. The gulags on the floor of the Senate yesterday So while I had raised some questions came into focus primarily during the very well. about the long-term advisability of our latter chapter of the Soviet Union I see the leader standing. Does he public diplomacy interests, I do want when people disappeared by the tens of wish to be recognized? to make clear I do not in any way be- thousands into these encampments, Mr. MCCONNELL. Mr. President, I lieve there is mistreatment of our de- say to my friend from Virginia, I was never to be heard from again. It is not tainees, that the detainees must con- inclined to ask the Senator a question, a chapter which Russia today looks tinue to be detained given the threat if it will not interrupt his train of back on with any pride at all. they present to our U.S. citizens, and I thought. I feel every day that I get up, and I most of all want to make clear that Mr. WARNER. Not at all. hear of the casualties of our brave men what I saw from our Armed Forces per- Mr. MCCONNELL. I was listening and women, be they in Afghanistan, sonnel who are looking after these de- carefully to my friend from Virginia, Iraq or occasionally in other areas of tainees was tremendous dedication and and I gather one of our colleagues the world—I say what is it that we can caring. I believe their sacrifice, in a equated what happened in Guantanamo do in this Chamber, what is it that we, place far away from their homes, deal- to Pol Pot or some equivalent of that. as citizens, can do to bring them home ing on a daily basis with very difficult My recollection—I just ask the Senator safely? They are making enormous sac- and unsavory people who are not re- from Virginia if his recollection is rifices together with their family to go lated to an armed force, people not similar to mine—Pol Pot murdered 1 to into harm’s way to protect us here at connected with a military that has 2 million of his fellow countrymen. home from the threat of terrorism. been trained or fights under a given Mr. WARNER. Mr. President, the Mr. MCCONNELL. Mr. President, I flag, and they have been labeled as Senator is correct. In World War II, thank my friend from Virginia for enemy combatants, is a far different with which I was going to commence clearing up any notion anyone might situation than that which can be por- my remarks in that context, I served have that anything the United States trayed by any suggestion of systematic at the very end. As a 17- or 18-year-old is involved in, in incarcerating pris- abuse or even the loss of life, as would sailor, I was simply in a training com- oners, would be in any way related to be associated with Pol Pot. mand, but I remember that period of experiences such as those carried out Mr. WARNER. Mr. President, I say in history very vividly. by the Nazis or by the Russians during response to the Senator’s question that All through my early years, prior to the Stalin period. yesterday afternoon the Secretary of going into the Navy, late in the fall of Mr. WARNER. I feel very strongly Defense, Mr. Rumsfeld, came over to 1944 and starting active service in 1945, about that. I really feel so strongly, I my office—we frequently visit each the whole of this country was con- say to the distinguished leader of our other in our offices. We spent over an sumed with that frightful conflict in party, that I feel apologies are in order hour and a half on a variety of sub- which, at the hands of Nazis, some 9 to the men and women of the Armed jects, and we addressed this issue. We million people perished, 6 million of Forces. I do not ask it for myself. But discussed his coming up, which he is whom were of the Jewish faith. It is I feel these young men and women, all quite willing to do, for a hearing in the just extraordinary. of whom are volunteers, all of whom Armed Services Committee. I was deeply disturbed by these com- have gone into harm’s way and who are We are continuing to look into this ments to try to draw any analogy bearing the brunt of the present con- matter. But let me point out, we are whatsoever to that period of history. flict, that these allegations have abso- talking about millions of people, as the Then, following the Soviet gulags, I lutely no basis in fact with history. I distinguished Senator from Kentucky served as Secretary of the Navy during regret they occurred. said, in the period of World War II,

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6713 which I remember very well as a young there are only a few of us around who I entered interview rooms to find a de- man and as Secretary of the Navy dur- lived during that period of time and tainee chained hand and foot in a fetal posi- ing the period of the Vietnam era and were able to fully absorb the frightful tion to the floor, with no chair, food or water. Most times they urinated or defecated Pol Pot. There is no comparison. Not consequences of that worldwide con- on themselves, and had been left there for 18– one incarcerated individual at Guanta- flict. We had 16 million men and 24 hours or more. On one occasion, the air namo has lost his or her life. Not one. women of the U.S. military in uniform conditioning had been turned down so far In sharp contrast to those mentioned at that time. I just think that there is and the temperature was so cold in the room, about facts elsewhere in the history of absolutely no comparison to what that that the barefooted detainee was shaking this world, our Nation should look with chapter of history brought upon man- with cold. . . . On another occasion, the [air pride as to how the Department of De- kind by means of death to this situa- conditioner] had been turned off, making the fense has specifically addressed each of tion we have, which is under investiga- temperature in the unventilated room well over 100 degrees. The detainee was almost the grievances. They have allowed any tion. unconscious on the floor, with a pile of hair number of us to come down there. It is I was assured by the Secretary of De- next to him. He had apparently been lit- in the hundreds who have come down. fense—I did not need the assurance be- erally pulling his hair out throughout the There are courts-martial being con- cause I knew it would be the case—that night. On another occasion, not only was the sidered for some at this point in time. we will account for any wrongs that temperature unbearably hot, but extremely In other words, when wrongs are done, have been done under the due process loud rap music was being played in the room, we carefully, methodically address of our system. The Department of De- and had been since the day before, with the them, giving due process to those who fense and others have investigated this detainee chained hand and foot in the fetal position on the tile floor. are under suspicion for having com- situation and made known a series of mitted offenses. facts at this time. And then I said: Given time, this entire situation at I yield the floor. If I read this to you and did not tell you Guantanamo will be spelled out fully The PRESIDING OFFICER. The Sen- that it was an FBI agent describing what ator from Illinois. Americans had done to prisoners in their to the public. If there are individuals control, you would most certainly believe who have done wrong, they will be held Mr. DURBIN. Mr. President, my staff this must have been done by Nazis, Soviets accountable. contacted me to alert me that several in their gulags, or some mad regime—Pol I come back to the central theme of my colleagues had come to the Sen- Pot or others—that had no concern for that I have is these young men and ate floor to address statements that I human beings. Sadly, that is not the case. women serving all over the world in made on the floor on June 14, 2005. This was the action of Americans in the uniform today and, indeed, members of Those statements related to the treat- treatment of their prisoners. our diplomatic corps, members of other ment of prisoners at Guantanamo. The I have heard my colleagues and oth- Government agencies serving in harm’s statement I made involved an FBI re- ers in the press suggest that I have said way, we have to think of them when port, a report which has been our soldiers could be compared to issues are raised such as they were uncontroverted and one which I read Nazis. I would say to the chairman of raised yesterday. into the RECORD in its entirety. I said the Armed Services Committee, I do I understand the Senator wishes to at the beginning when I read it into the not even know whether the interro- address a question to the Senator from RECORD that I did so with some hesi- gator involved was an American sol- Virginia. tation because it was so graphic in its dier. I did not say that at any point. To The PRESIDING OFFICER. The time nature, but I felt that in fairness, so suggest that I am criticizing American of the Senator from Virginia has ex- that the record would be complete, I servicemen—I am not. I do not know pired. had to read it. who was responsible for this, but the Mr. WARNER. I ask unanimous con- Because there have been allusions FBI agent made this report. To suggest sent that my time may be continued made to statements made by me, I be- that I was attributing all of the sins without limitation at this time. lieve it is appropriate to read it again and all the horrors and barbarism of The PRESIDING OFFICER. Is there so that my colleagues who may not Nazi Germany or the Soviet Republic objection? have reflected on it will have a chance or Pol Pot to Americans is totally un- Without objection, it is so ordered. to do so. Let me read this report from fair. I was attributing this form of in- The Senator from Illinois. an agent of the Federal Bureau of In- terrogation to repressive regimes such Mr. DURBIN. Mr. President, if I un- vestigation about the treatment of a as those that I noted. derstand the rules of the Senate, I am prisoner at Guantanamo Bay. I hope I honestly believe that the Senator supposed to address the Senator in the my colleagues from Kentucky, Vir- from Virginia, whom I respect very form of a question, and that makes it ginia, and other States who are fol- much, would have to say, if this, in- impossible for me to make a statement lowing this debate will listen to this deed, occurred, it does not represent at this point. and then listen to what I said in the American values. It does not represent Mr. WARNER. Mr. President, I do not RECORD afterwards so they understand what our country stands for. It is not wish to create a parliamentary situa- the context of my remark. It has been the sort of conduct we would ever con- tion that precludes the Senator from nothing short of amazing what some done. I would hope the Senator from expressing himself in any way that he elements of media have done with this Virginia would agree with that. That wishes. I understood the Senator was remark and what some of my col- was the point I was making. about to ask a question. I will with- leagues have drawn from this remark Now, sadly, we have a situation draw that. I will finish my statement, today. So I want to read it in its en- where some in the rightwing media if I may, and then I will yield the floor. tirety, if my colleagues have not, and I have said that I have been insulting To equate actions of the men and want them to hear it in its entirety be- men and women in uniform. Nothing women in the Armed Forces, proudly fore they reach conclusions as to what could be further from the truth. I re- serving in uniform and thereby rep- was intended. spect our men and women in uniform. I resenting this Government of the I quote from the RECORD of June 14, have spent many hours, as I am sure United States with regard to their 2005, page S6594 of the CONGRESSIONAL the Senator from Virginia has, at fu- services down there in Guantanamo RECORD: nerals of the servicemen who have been maintaining the detainees, to the geno- When you read some of the graphic descrip- returned from Iraq and Afghanistan, cidal acts of murder and repression of tions of what has occurred here—I almost writing notes to their families, and the Nazis or Soviet gulags or Pol Pot is hesitate to put them in the RECORD, and yet calling them personally. It breaks my insulting to our men and women in they have to be added to this debate. Let me heart every day to pick up the news- uniform who are fighting for the safety read to you what one FBI agent saw. And I paper and hear of another death. The of all of us at home and, indeed, our quote from his report. total this morning is 1,710. To suggest friends and allies abroad. To the con- This is a quote: that this is somehow an insult to the trary, completely unlike the repressive On a couple of occasions— men and women serving in uniform— regimes of the Nazis—and I was moved Let me underline that, on a couple of nothing could be further from the to come down here because I think occasions— truth.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6714 CONGRESSIONAL RECORD — SENATE June 16, 2005 It is no credit to them or to our Na- Mr. WARNER. Mr. President, if the staff this was released by a Freedom of tion for this sort of conduct to occur or Senator will yield. Information Act disclosure by our Gov- for us to ignore it or in any way, shape, Mr. DURBIN. I will be happy to yield ernment. or form to condone it. And understand for a question. Mr. WARNER. I thank the Senator. why we are in this situation. We had a Mr. WARNER. You are reading from Mr. DURBIN. So I don’t believe there rule of law. We had agreed to the Gene- a report of one of our investigative is any question about its authenticity va Conventions. We had agreed to poli- agencies. There is no verification of in terms of it being a document in the cies relative to torture of prisoners. the accuracy of that report. You take position of our Government. In terms They were the law of the land. The it at face value. I pointed out—and I of the content of the document, almost Bush administration came in after 9/11 discussed it with Secretary Rumsfeld— a year has passed since this was writ- and said: We are going to rewrite the this allegation of the FBI agent, to- ten, and if it were clearly wrong, inac- rules. gether with a lot of other facts, is now curate on its face, would the Senator Secretary Rumsfeld, to whom the being carefully scrutinized under our from Virginia not expect the adminis- Senator referred, who visits his office, established judicial process. tration to have made that clear by was party to that conversation about I trained as a lawyer and many years now? how we were going to treat prisoners as a prosecutor and dealt with the Bu- Mr. WARNER. Mr. President, my un- differently. When the suggestion was reau. I have the highest respect for derstanding is it is currently under in- made to this administration to change them. But I do not accept at face value vestigation and being carefully scruti- the rules on interrogation of prisoners, everything they put down on paper nized in the context of another series the strongest and loudest dissenter was until I make certain it can be corrobo- of documents. Until the administration the Secretary of State Colin Powell, rated and substantiated. has had the opportunity to complete former Chairman of the Joint Chiefs of For you to have come to the floor the investigation and make their own Staff, who came to this administration with just that fragment of a report and assessment of the allegations, it seems and said: This is a mistake, to change then unleash the words ‘‘the Nazis,’’ to me premature to render judgment. the rules of interrogation. unleash the word ‘‘gulag,’’ unleash Mr. DURBIN. I would say to the Why? Because, he said, when you tor- ‘‘Pol Pot’’—I don’t know how many re- chairman of the Armed Services Com- ture a prisoner you will not get good member that chapter—it seems to me mittee, whom I respect very much, information. They will say anything to that was the greatest error in judg- what I described was the interrogation stop the torture. And, second, he said, ment, and it leaves open to the press of techniques approved by this adminis- if we change the rules at this point in the world to take those three extraor- tration, in the extreme. There was our history, sadly it is going to just dinary chapters in world history and nothing in this description here, from give solace to our enemy, give them en- try and intertwine it with what has the agent of the Federal Bureau of In- couragement that somehow the United taken place allegedly at Guantanamo. vestigation, which was different than States is backing away from its tradi- I am perfectly willing to be a part of the interrogation rules of engagement tional values. as much of an investigation as the Sen- Those are not my words. They are a which had already been spelled out—al- ate should perform and will in my com- characterization of the words of one of ready spelled out. mittee. But I am not going to come to So here is what we have. A letter the highest ranking members of the Bush Cabinet, former Secretary of the floor with just one report in hand sent to General Ryder almost a year State Colin Powell. and begin to impugn the actions of ago, released under the Freedom of In- Unfortunately, he was right. That de- those in charge, namely, the uniformed formation Act, with specifics related to cision by the Bush administration, personnel, at this time. We should the interrogation of prisoners which with the support of Secretary Rums- allow matters of this type to be very are consistent with the very rules of feld, led us down a road. I hope that carefully examined before we jump to a interrogation which Secretary Rums- that road does not include any more in- conclusion. feld had approved in a memo. cidents than the one that has been de- Mr. DURBIN. If I can respond to the So I do not believe that coming to scribed here. But to say that the inter- Senator from Virginia, I do not have a the floor and disclosing this informa- rogation techniques here are the kind copy with me—perhaps my staff can tion is an element of surprise. The ad- you would expect from a repressive re- give it to me—of the memo from the ministration has known it for almost a gime, I do not believe is an exaggera- FBI. year. I do not believe there is any ques- tion. They certainly do not represent Mr. WARNER. Could we inquire of tion of falsification. The document was the values of America. They do not rep- the Senator as to the use of this memo presented under the Freedom of Infor- resent what you risked your life for, on the floor? Is that consistent with mation Act. And it certainly is not, Senator, when you put the uniform on the practices of this body as regards— sadly, beyond the realm of possibility and served our country or when you Mr. DURBIN. I would say this memo- because the very techniques that were served as Secretary of the Navy or in randum was not obtained from any described in here were the techniques your service in the Senate. That classified sources. approved by the administration. doesn’t represent the values that you Mr. WARNER. I do not know how it The PRESIDING OFFICER (Ms. MUR- stood for or that any of us should stand came into your possession. KOWSKI). The time of the Senator has for. Mr. DURBIN. May I say to the Sen- expired. That was the point I was making. To ator from Virginia what we are dealing Mr. DURBIN. I ask unanimous con- say that by drawing any kind of com- with, in terms of these interrogation sent for 5 additional minutes. parison to this outrageous interroga- techniques, was disclosed in a letter, as The PRESIDING OFFICER. Is there tion technique and using the words I understand it—let me make certain I objection? Without objection, it is so ‘‘Nazi’’ or ‘‘Soviets’’ is to demean or di- am clear—to General Ryder, on July ordered. minish all of the horrors created by 14, 2004, almost a year ago—almost a Mr. MCCONNELL. Will the Senator those regimes is just plain wrong. year ago. I have not heard a single per- yield for a question? I have seen firsthand, as you have son from this administration say this Mr. DURBIN. I will be happy to yield too, people who survived that Holo- is in any way false or inaccurate. Cer- to the Senator from Kentucky. caust. I have visited Yad Vashem, the tainly, if it were, we would have heard Mr. MCCONNELL. My concern was tribute to the people who died in the that, would we not, long ago? not the words of the FBI agent, but the Holocaust. I understand that the mil- Mr. WARNER. I ask the Senator, is it words of the Senator from Illinois. I be- lions of innocent people killed there far to be treated as a public document or is lieve I heard the Senator repeat exceed the horror that occurred in it part of an investigative process today—let me ask the Senator if in Guantanamo. But when you talk about which—ordinarily the materials used fact this is what he meant to say—be- repressive regimes doing things that in in the course of an investigation are cause it was the quote I had from the history look so bad, I am afraid that accorded certain privileges. Senator, not from the FBI agent, ear- this that I described to you falls closer Mr. DURBIN. I say to the Senator lier yesterday or the day before, which to that category. from Virginia, I was informed by my I believe the Senator repeated today. I

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6715 was curious if the Senator does stand rogation took place. Perhaps if we go tion, it raises some question as to the by his own words, not the words of the into the sinews of history there were fact that the Senator raised, whether it FBI agent, which I believe were: some, but what the world recognized should be taken as truthful or not. And If I read this to you and did not tell you from those three examples the Senator I think it can be. that it was a FBI agent describing what used, they were death camps—I repeat, Now, if facts come out later on and it Americans had done to prisoners in their death camps—where, as my colleague turns out this is not the case, so be it. control, you would almost certainly believe from Kentucky very accurately said, I will be the first to concede that in the that this must have been done by the Nazis, millions of people perished. It is doubt- Senate. Soviets in their gulags, or some mad regime, Mr. WARNER. Madam President, the Pol Pot or others, that had no concern for ful they were ever often asked their human beings. Sadly, that is not the case. names. damage has been done. The Senator This was the action of Americans in the To say that the allegations of a sin- should have taken the precautionary treatment of their prisoners. gle FBI agent mentioned in an steps prior to—— So my question of the Senator is not unconfirmed, uncorroborated report Mr. DURBIN. Let me say to the Sen- the words of the FBI agent but the give rise to coming to the Senate and ator from Virginia, the damage was words of the Senator from Illinois. raising the allegation that whatever done when we changed our interroga- Does the Senator from Illinois stand by persons of the uniformed military, as tion policy which allowed for some of these words, comparing the action of referred to in that report—albeit, the conduct we used to hold to be unac- Americans in the treatment of their uncorroborated, unsubstantiated re- ceptable by American standards. That prisoners to the Nazis, Soviets in their port—are to be equated with those is when the damage was done. That is gulags, or Pol Pot or others? three chapters in world history is just when Secretary of State Colin Powell Mr. DURBIN. I would say, in response a most grievous misjudgment on the said we were crossing a line we should to the Senator from Kentucky, in this Senator’s part, and one I think is de- not cross. And we have crossed that particular incident that I read, from an serving of apologizing to the men and line. FBI agent describing in detail the women in uniform. The PRESIDING OFFICER. The Sen- methods that were used on prisoners, Mr. DURBIN. Let me say this to the ator’s time has expired. was I trying to say: Isn’t this the kind Senator in response. I have said clearly Mr. DURBIN. I ask unanimous con- of thing that we see from repressive re- in the Senate, and obviously the Sen- sent for 5 additional minutes. gimes? ator does not accept it, but I will say it The PRESIDING OFFICER. Without Yes, this is the type of thing we ex- again: There were horrors beyond in- objection, it is so ordered. pect from a repressive regime. We do terrogation techniques committed by Mr. DURBIN. In a hearing yesterday not expect it from the United States. I those three regimes. That is clear. before the Senate Judiciary Committee hope the Senator from Kentucky would But I want to ask the Senator from we heard there is a real controversy not expect that. Virginia, does he even accept the within this administration as to Mr. MCCONNELL. Will the Senator premise or possibility that this hap- whether the people being held in Guan- yield? pened at Guantanamo? tanamo have any rights to due process. Mr. DURBIN. Yes. Mr. WARNER. I would say, Madam The Senator mentioned due process Mr. MCCONNELL. Is the Senator President, I served as assistant U.S. at- earlier. That is an issue which is being aware that Pol Pot murdered 1 to 2 torney for 5 years and dealt with the litigated as high as the Supreme Court. million of his fellow countrymen, the FBI all the time. I have very high re- The court came to the conclusion that Nazis murdered from 6 to 9 million gard for that service. But the Senator the administration was wrong in the men, women, and children, mainly knows full well that is just an inves- way it is treating prisoners at Guanta- Jews, and the Soviets, in their gulags, tigative report by one agent. It is namo. They have not accorded them murdered some estimated 20 million under investigation by the Bureau and due process as they should have. Many people over a 20-year period between by the Department of Defense at this of those aspects are still on appeal and 1930 and 1950? time in the context of many other still being debated. My observation, obviously, is this a pieces of evidence. I say to the Senator that to raise fair comparison? One cannot come to this great forum, these issues in this forum is, frankly, Mr. DURBIN. The comparison related which is viewed the world over as one the only place that one can raise them. to interrogation techniques. It is clear, which is known for trying to assert the If we do not raise questions about and I will state it for the record, that rights of this country as taking its those interrogation techniques and the horrors visited on humanity by place in the world, as following due whether they violate the most basic those regimes were far greater than process and principles of our Declara- standards which we have stood by as a these interrogation techniques. But the tion of Independence and the Bill of Nation, then I don’t believe we are re- point I was trying to make was, what Rights—and comment to the Senate sponsible in our duties. I don’t believe do we visualize when we hear of this about some young uniformed person we showed good judgment in ignoring kind of interrogation technique? who probably is the subject of that FBI what is happening, what happened at I say to the Senator from Kentucky, report—until such time as that person Abu Ghraib, what may be happening, I visualize regimes like those de- in uniform is adjudicated in a proper based on this FBI memo, at Guanta- scribed. Did they do more? Did they do forum as to having done what is al- namo Bay. worse? Of course they did. The point I leged in that report, or not done, it That is part of our responsibility, as was trying to make is, this is not what seems to me we shouldn’t be discussing difficult as it may be for the adminis- America should expect. This is not it in the Senate. tration to accept. what we should believe reflects our val- Mr. DURBIN. I might say in response Mr. WARNER. Madam President, the ues. to the Senator from Virginia, I don’t use of the words ‘‘due process’’ by the Mr. MCCONNELL. So the Senator know if it is a uniformed person re- Senator from Virginia was restricted thinks this is a fair comparison? ported in this interrogation. The FBI to due process that is taking place with Mr. DURBIN. It is a comparison in did not say that. For those suggesting regard to allegations in that report and the form of interrogation that a repres- this reflects on our men and women in others according to the actions of ei- sive regime goes too far, that a democ- uniform, I don’t know if that is a fact. ther uniformed or civilian personnel racy never reaches that extreme. But I don’t know if it was, in fact, a mem- under the clear supervision and juris- to say that I am in any way dimin- ber of our armed services. I cannot say diction of the Department of Defense ishing the other horrors brought on by that. Nor did I, in my earlier state- at Guantanamo. That was my use of these regimes is plain wrong. Those are ment, make any reference to the men due process. different elements completely. and women in uniform. It is a separate issue as to the due Mr. WARNER. If the Senator will But I will say this: When this type of process of the detainees, the Senator is yield, again, I go back on my own serious allegation has been in the pub- correct. That is a matter that should recollections, those three examples the lic forum for as long as this has been, be openly discussed, is being discussed, Senator used. I don’t know what inter- without any denial by the administra- and will be reviewed by this Chamber.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6716 CONGRESSIONAL RECORD — SENATE June 16, 2005 I come back again, and I just con- larity of the President plummets, the past. Why? Because we may get an clude—I see there are other Senators more the people downtown try to play amendment on that bill dealing with waiting to speak—we have to be ex- this game ‘‘I gotcha.’’ Families are at- what is going on with the subject about traordinarily careful in our remarks in tacked, reputations are impugned, which my friend speaks. There may be the Senate as they relate to the safety bogus, baseless statements are made. other amendments that may not be in of our people because this series of The attacks by the very noisy noise keeping with the mindset of the White statements the Senator has made, fac- machine of the far right never stops, House. tual references to chapters of history, and it has gotten so much more in op- I want the record to reflect I have can be manipulated by other people eration in the last few weeks with the great affection for the chairman of the throughout the world to their advan- numbers on the President dealing with Armed Services Committee. He is my tage. That is my deep concern. Social Security, the unpopularity of friend. He is truly a Southern gen- Mr. MCCONNELL. I have just one the efforts made to spend 2 months on tleman, and I care for him a great deal. final question, very briefly. judges, five people, basically. I am sure he must be frustrated by the Mr. DURBIN. I am happy to yield. This is all a distraction by the White fact that the Defense authorization bill Mr. MCCONNELL. I want to make House. Why? Because this country is in is not before us. sure I understand this correctly: Is it trouble for lots of reasons, only one of But I also have great affection, loy- my understanding that my good friend which is Iraq. In the last 48 hours, 11 alty, and deep friendship that will be from Illinois stands by his own words, American soldiers have been killed in with me for the eternities for my friend because he read them again today, and Iraq. Scores of Iraqis have been killed from Illinois, who has been such a good it is his view that even if this allega- in the same period of time. I do not friend over all these many years. He is tion from this one FBI agent were know—I do not know if anyone a person who loves to talk about true—and as the Senator from Virginia knows—the death and destruction that issues, whether it is an issue dealing has pointed out is being investigated— is taking place in Iraq as we speak. We with energy, as we have talked about even assuming this allegation from focus on the dead. The dead American here for a few days—the first real sub- this one FBI agent were true, the Sen- soldiers are on page A26 of the news- stantive issue we have dealt with, real- ator from Illinois still believes that papers now. Sometimes they do not ly, in a long time on this Senate floor— could be correctly equated to the treat- even make the front section. We do not or whether it is any of the other issues ment by the Nazis, by the Soviets in know because we are not focusing on I have spoken about here: the deficit, the gulags, and by the Pol Pot regime? the blind, the maimed from that war. education, the environment, health Is that an accurate description of But that is only one of our problems care. that, even assuming this one allegation we are not focusing on. Health care: 45 Nothing is being talked about. But he is proven to be true? million Americans are without health cares about those issues deeply. I Mr. DURBIN. What I have said is, if care. Have we spent 5 minutes this year would hope we can turn down the noise you were asked, without being told talking about health care? No. No. We machine downtown a little bit and un- where this might have occurred, as I have been spending time on five judges. derstand the American people want to said here directly in the RECORD, you Have we spent any time about what focus on issues, issues important to might conclude that it was done by one is happening in our public school sys- them. They are tired of this ‘‘gotcha’’ of those repressive regimes because tems around this country? No, not a game because they don’t get you; it is that was the kind of heavy-handed tac- single minute. The average age of a just an attempt to divert attention tic they used, the kind of inhumane public school in America is approach- from the issues before this country. treatment in which they engaged. You ing 50 years. The Leave No Child Be- The PRESIDING OFFICER. The Sen- would be surprised to learn that ac- hind Act is leaving kids behind in Ne- ator from West Virginia. cording to the FBI, it was something vada and all over this country. f that occurred at Guantanamo in a fa- The environment is something we do FATHER’S DAY cility under the control of the United not even talk about anymore because States of America. global warming does not exist in the Mr. BYRD. Madam President, on Madam President, let me conclude by minds of the people at the White Sunday, June 19, the Nation will honor saying that I know there is some sensi- House. fathers with the celebration of Father’s tivity on this issue relating to Guanta- Do we spend any time here talking Day. Fathers certainly deserve a day to namo. I could tell it in the hearing yes- about the devastating deficit that is af- relax and to put aside for a time the terday. I can tell it from the response fecting people in my little town of heavy burden of work and worries that today. But I continue to believe the Searchlight and all over the country? they carry. Most fathers are, I believe, United States should hold itself to the No. This administration took over with great worriers. They feel the pressure highest standards when it comes to the a surplus in the trillions. We now have to perform. They feel the pressure interrogation of prisoners, that we approached a $7 trillion debt in this daily to go forth and to battle in condi- should never countenance in any way, country. tions over which they have little con- shape, or form, the torture of prisoners So this is all an attempt to distract trol. Yet they feel that they must we have seen in other countries by us from the issues before us. Rather present to their families a facade of other governments in history. than spending time on my friend, the mastery. That is, after all, part of the That was the point I was trying to distinguished Senator from Illinois, ‘‘dad mystique’’—the desire of fathers make, and it is a point I still stand by. whom I have known for going on 23 everywhere to be seen as the Secretary of State Colin Powell was years, who has dedicated his life to unvanquished protector of the family, right when he criticized the change of public service—do we have a problem the benevolent provider of all good the interrogation techniques by this in this country with the issues he is things, the safe harbor against all administration and said it does not re- discussing? Yes. Focus on them, not harm and all fears. flect well on the United States, torture anything he said. Let’s focus on the Today’s economic conditions worry does not produce good information, and issues before us. most fathers, no matter what their that we would pay a price, sadly, in I would hope it would be worth a lit- current earning prowess. If they are terms of public and moral opinion if we tle bit of our time here to see what we looking for work or to find a better job, engaged in that kind of conduct. His could do about the Defense authoriza- recently reported economic indicators premonition or his prophecy has turned tion bill. Five weeks it has been out of keep them awake at night. Housing out to be accurate. That was the point committee—5 weeks. We have our prices continue to climb. Hiring is I made. Guard and Reserve that are over- weak. Outsourcing and the offshore Madam President, I yield the floor. whelmed with responsibilities in that movement of jobs create heartburn. The PRESIDING OFFICER. The war. We have men and women who are News that Chinese automobiles may Democratic leader. there on duty station as we speak. But soon be competing for sales in the Mr. REID. It is amazing to me, we do not have a Defense authorization United States will create a few ulcers, Madam President, the more the popu- bill. Why? We always did them in years too, I am sure, as hard-working fathers

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6717 wonder how they can compete against pap. He is looking down from heaven the darkness of the coal mine. He put Chinese workers making only $2 an right now. He is looking down. And down that dinner bucket and lifted the hour. some day I will meet him again. He was lid, and he took out a little cake that Fathers at the upper end of the pay my dad. my mom had put into the dinner buck- scale are not immune from such night- He encouraged me in my studies. He et, and he always saved the cake for mares either. They must still worry didn’t buy me a cowboy suit. He didn’t me. He gave me that cake. Yes, he took about corporate scandals that could buy me a cap buster. He bought me a the cake into the mine, but he didn’t rob them overnight of their pensions, watercolor set, a book, a drawing tab- eat the cake. He always saved the cake stock options, and the rising cost of let, and some crayons. He took pride in for me. college education. All fathers feel a my accomplishments. So on this Father’s Day, I wish I sense of growing unease about the spi- Benjamin West said that he was could tell fathers across America to raling deficits, the uncertain future of made a great painter because of his relax and enjoy the day, to sleep well, Social Security, the weakening of mother who, when he went to her with basking in the love and affection of America’s global competitiveness to little drawings about birds and flowers their families. I wish I could, but I the high price of international conflict. and so on, she took him up on her knee know they are still worried. That is What kind of future are they leaving to and she kissed him on the cheek. She what a father does. their children? said: Some day you are going to grow Madam President, I close with a bit On a very personal level, fathers also up. You will grow up to be a great of verse that I memorized as a little share common fears. Where are their painter. And that made him a great boy. Over the years, I have come to ap- children? Are they behaving? Are they painter. He did grow up to become a preciate its lesson more and more. I am growing up to be good people? Will the great painter, made so by a mother’s sure that old coal miner dad knew it, world be good to them in return? I kiss. too, for he lived with simple wisdom. It know that fathers, with sons and So about my old coal miner dad. is called ‘‘The Little Chap Who Follows daughters in the military, carry par- After a long day at work, he would Me.’’ ticularly heavy burdens of worry these spend time with me. He talked with A careful man I ought to be, days, as well as fathers who are in uni- me. He listened to me. He watched me A little fellow follows me, form themselves with families waiting, recite. He watched me play the violin. I do not dare to go astray waiting, waiting and praying for them He feared for me when I wanted to fol- For fear he’ll go the selfsame way. at home. I hope these fathers know low him into the coal mines. He shared I cannot once escape his eyes, that the prayers of the Nation are with his fear; he shared the love that was Whate’er he sees me do, he tries; them. behind it. He gave me a whipping a Like me, he says, he’s going to be, Fathers want the best for their chil- time or two. He always told me before The little chap who follows me. dren, which is why they push their he whipped me that he loved me, and it He thinks that I am good and fine, children to do their best. To be sure, hurt him probably more than it hurt Believes in every word of mine. some fathers have taken this perhaps me. That was my dad. He pushed me to The base in me he must not see, to unseemly, even dangerous, ex- do better, to reach higher, to work The little chap that follows me. tremes, as the stories of some ‘‘sports harder. He didn’t want me to have to I must remember as I go, dads’’ attest. But most fathers want work in the mines as he did. He gave Through summer’s sun and winter’s snow, In building for the years to be their children to develop a healthy me pride in him. He never used crude The little chap who follows me. sense of competition, coupled with fair- language. I never heard him use God’s Madam President, I yield the floor. ness, to learn to win and to learn to name in vain in all the years that I The PRESIDING OFFICER. The Sen- lose graciously, to foster a sense of per- knew him—ever. ator from Arizona is recognized. severance that will stand their children He never raised a fist in anger. He in good stead no matter what field of never treated anyone with anything f but courtesy. He was a poor, humble, endeavor they play upon. FATHER’S DAY Fathers want to encourage a good hard-working coal miner. He took life work ethic. They want to encourage as it came. He didn’t grumble at what Mr. KYL. Madam President, first, I good study habits. They want to en- was placed before him on the table. He have been here for most of the remarks courage the character traits of reli- never complained. He never said any- of the senior Senator from West Vir- ability—according to an old Greek thing about mom’s cooking. He never ginia, who has this evening caused me ideal, character is destiny—and de- used bad language, as I said. He carried to reflect on my father on this Father’s pendability, thoughtfulness, and gen- himself—a poor miner without two Day. I am sad to say that my father erosity of spirit, traits that will make nickles at times to rub together—with has now passed on, and that fact has good students, respected leaders, able the quiet dignity of a true gentleman. caused me to think about things I employees and, some day, good fathers There was a man. I am proud to share probably should have thought a lot and mothers. his name. I think that is one of the more about before he left. But it is The best fathers, of course, practice greatest compliments that any child good to be reminded of the qualities we what they preach. Parents are the best can give to his or her father—that look for in fathers and in our fathers, teachers, sometimes without ever giv- proud inflection in their voice when those who have led the way for us, and ing a word of instruction. They teach they say: This is my dad. that as Father’s Day approaches, I join by the example of their own lives. Like fathers everywhere, I delight in my colleague from West Virginia in My own dad was such a man, the their every triumph, from the first suggesting that we would all do well greatest man I ever knew, my dad. He breath onward, just as I mourn their not only to think back on our fathers was not my father. He was the man every setback and disappointment. In and set a good example but to think who raised me. But he was the greatest speaking from my own experience, no about what makes a good father in ev- man I ever knew. I have met kings and father ever ceases to worry about his erything we do, and in whatever our shahs and Presidents, princes, Gov- children and the kind of world they are roles are, to try to follow those pre- ernors, Senators. Just that old coal inheriting. That is why I suppose it is cepts. I appreciate the important words miner dad was the greatest man I ever whatever hair fathers are allowed to spoken by the Senator from West Vir- knew—hard working, God-fearing, gen- keep turns white. ginia. erous with the little that he had. He So on this Father’s Day, I remember Mr. BYRD. I thank the Senator from took me in when my mother died, and the old coal miner dad that I had. I Arizona. he raised me as his own. could see him coming from the mines. Mr. FRIST. Madam President, I want ‘‘It is not flesh and blood but the I watched him as he walked down the to take a few moments to reflect on an heart which makes us fathers and railroad tracks, and I ran to meet him. important holiday coming up this sons,’’ wrote Johann Schiller. He is As I came near, he put down that din- weekend—Father’s Day. right. Titus Dalton Byrd was not my ner bucket he had carried into the bow- On Sunday, families across America biological father, but he was my dad, els of the Earth there in the darkness— will celebrate their dads with lunches

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6718 CONGRESSIONAL RECORD — SENATE June 16, 2005 and dinners, homemade gifts, and, if support their families. America honors things to take to the streets and riot my family is typical, some gentle teas- you as everyday you honor us. and kill each other. ing. It is a day we show our gratitude, f The unfortunate reporting of News- and we remember how important our week Magazine—which turned out not STATEMENTS REGARDING dads are in our lives. to be true—regarding desecration of GUANTANAMO I was very close to my dad, and I the Holy Koran caused Muslims in the cherish my memories of him. Mr. KYL. Madam President, one of world—thousands and thousands—to When I lived in Nashville, I used to the things I remember that my father riot and cause harm to each other. I be- drive by my parents’ house everyday taught me—and it has stood me in good lieve there were at least three deaths on my way to work. And everyday, no stead, though I have not always fol- that resulted, if I am not mistaken. matter where I was, I would call to lowed the advice—is to have strong Words have consequences, and when touch base and say hello. convictions but always to deal in mod- Americans speak in irresponsible terms My father was a man of extraor- eration and be reasonable in your ap- about the actions of Americans who dinary kindness and generosity. He was proach, to listen to other people and are simply trying to do their best in known throughout the community for try to be responsible in what you say. trying circumstances, in ways that his good works. In all things, moderation would have denigrate their motives, denigrate Before he died, he wrote a letter to applied to the advice he gave me fre- their actions, and that call into ques- his grandchildren, passing on his hum- quently. Again, not to say one should tion the entire character of America, ble wisdom collected over a lifetime. In not have strong views, but you can be because of these actions, it is irrespon- it, he told them: more effective in communicating those sible. And it should not be engaged in, ‘‘Be happy in your family life. Your family views if you treat people decently, if especially it should not be coun- is the most important thing you can ever you listen to what they have to say, tenanced by Members of this body or have. Love your wife or your husband. Tell and if you express your own views with the Congress, certainly not engaged in your children how great they are. Encourage a degree of humility and moderation. by leaders in this body. Yet, sad to say, them in everything they do. That is something that, sad to say, we all have heard in the last few days ‘‘Be happy in your community. Charity is even in my relatively short time in the this kind of language. so important. There’s so much good to do in Congress, I have seen adhered to, sadly, I will get back to that in a moment. the world and so many different ways to do less and less. it.’’ Let me go back and try to provide Certainly, the Senator from West some perspective about this entire de- He also wrote that, Virginia sets a standard for all of us in bate about Guantanamo Bay. ‘‘I believe that life is made up of peaks and the way that he treats this body, the Guantanamo Bay is a place where the valleys. But the thing to remember is that revere he has for the institution and, United States Government has had a the curve is always going up. The next peak therefore, the care he takes to deal in lease from the Cuban Government for a is a little higher than the previous peak, the next valley isn’t quite so low. this body in an appropriate and respon- long time and spent about $150 million ‘‘The world is always changing, and that’s sible way, in the great tradition of the to build a prison facility to house a good thing. It’s how you carry yourself in body. many of the people who had been de- the world that doesn’t change—morality, in- I mention that because the coars- tained in the war on terrorism, pri- tegrity, warmth, and kindness are the same ening of our language, I suppose, can be marily people who were on the battle- things in 1919 when I was born, or in 2010 or expected to be manifested first in the field in Afghanistan, there being no fa- later when you will be reading this. And political environment. It certainly has cilities adequate in Afghanistan. that’s a good thing, too.’’ occurred with increasing intensity over It is a place that was designed to be I have worked hard to live up to his the years, though, not just in political able to accommodate people of dif- high ideals and the sterling example he campaigns but even on the floor of the ferent cultures. It is significantly man- set before us. And I have worked hard Senate and engaged in by colleagues in aged by Americans who have a signifi- to instill these values in my own sons the Congress as well as pundits and cant degree of medical background and Bryan, Jonathan and Harrison. If I others. training in the culture of Islam in have half succeeded, that is a very good Strong subjects sometimes evoke order to ensure that the people there thing. strong emotions, and perhaps that ex- are treated as humanely as possible As we celebrate our fathers this plains why some of the rhetoric sur- under the circumstances and with due weekend, I also encourage everyone to rounding the discussion of our deten- regard for not only their human rights reflect on the importance of fathers to tion of enemy combatants at Guanta- but their faith as well. the social fabric. namo Bay has reached such a high- This country need apologize to no The National Fatherhood Initiative, pitched level, to such a high degree of one in the way that over the years we a non-profit devoted to promoting re- hyperbole and exaggeration—I daresay, have tried to adhere to human rights sponsible fatherhood, reports that to- in some cases, irresponsible character- standards and treat people of faith ap- day’s fathers are more present in their izations. propriately. Certainly the stories—and children’s lives than ever. Dads in two- If this were simply a matter of polit- I say ‘‘stories’’ because in most cases, parent families spend more time with ical rhetoric and partisan politics, I they are mere allegations that are un- their children than the previous gen- suppose that in some senses it could be true—of treatment of people at Guan- eration of dads. Research also indicates excused, though it is not helpful. But tanamo Bay have raised the interest of that today’s fathers are more active here the consequences of such lan- Americans because we are a people who and more nurturing. guage, this over-the-top kind of rhet- instinctively pull back from such kind And it has a big impact. oric, can actually be detrimental to the of conduct. We do not want to be even Children with involved, loving fa- effort of the United States that all of against terrorists engaged in inhumane thers—as compared to children with- us support—certainly to the people we activity. That is why these stories out—are more likely to do well in put in harm’s way, our men and women have such resonance. school, have healthy self-esteem, show in the military, and the other services Yet this facility, which takes care of empathy, and avoid drug use, truancy, that are helping us to fight the war on these people in some respects even bet- and criminal activity. The bottom line terror. ter than the troops there—in terms of is kids do better when their dads are This is why it distresses me to hear the sleeping quarters, meals, and so around. For a while America forgot the characterizations of American ac- on—this facility is as good, I think, as just how important dads are, but now tivities and Americans as being equat- any prisoner of war facility in recent we know in our heads what we have al- ed with some of the worst actors in the memory and certainly with the atten- ways known in our hearts. history of mankind—phrases thrown tion of the media, the International So, this Father’s Day, we salute around, apparently, somewhat Red Cross, visits by American offi- them. Dads on the front line who risk thoughtlessly, without due regard for cials—there have been thousands of their lives for our freedom. Dads on the the consequences, when enemies of the visits. It is a very wide open facility in home front who go to work everyday to United States seize on the flimsiest of that sense.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6719 With all of this attention, I think the the primary purpose of Guantanamo The reason for the Geneva accords very small number of specific com- Bay. for the POWs is we want to reward peo- plaints that have been investigated and For the worst of the worst, the people ple who adhere to the laws of war. found to have any merit at all—some- we do not want to go back fighting What does that mean? They fight for a thing like five in number—is a testa- against us or committing terror country, they wear the uniform of that ment to the commitment of the United against anyone else, we have to have a country, they adhere themselves to the States to adhere to standards of de- place to detain them. rules of war. In the case of terrorists, cency and humanity when dealing with I must say, in a debate with the sen- that does not apply. They do not fight people. ior Senator from Vermont last night for a country, they fight for a cause. Who are these people? These are the on television—and he and I disagreed They do not wear a uniform. They do worst of the worst. We do not have the generally about this issue—he ac- not fight by the rules of war. They kill time or the ability to round up people knowledged this is not about Guanta- innocent people indiscriminately. That and hold them for the sake of it. It is namo Bay. As he said, we have to have is their modus operandi. That is their too costly. Over 10,000 people have been a place to hold these people, and I preferred action. captured in this war against the terror- agree with that proposition. Some have That is why they are enemy combat- ists. Something like 520 are at Guanta- even suggested we close this brand-new ants, not prisoners of war. So we would namo Bay. These are the people who facility. If you close it, where are you not have to accord them any standards are the bombmakers, the bodyguards of going to put them? Would you like to of treatment except that we are the Osama bin Laden, the financiers, the take one of the military bases that is United States of America and we say, plotters, the people who have been sent being closed in your State and make it and the President has said and Sec- out to be assassins, to be suicide bomb- available for these detainees? Maybe retary Rumsfeld and everyone else in ers. These are the worst of the worst, that is the place to detain them. I do the Government has said, for the the killers who, if let go, will return to not think so. United States of America it is inappro- their killing. The issue is not closing Guantanamo priate to do anything less than treat Since the detentions at Guantanamo Bay. I think it is, frankly, criticism of people humanely, and we will not vio- Bay, the United States Supreme Court the American Government and leaders late the Geneva accords. So even though they are not entitled has said there is one right that these of the American Government. Some to all of the rights of prisoners of war, detainees have, and that is a right to people do it for partisan political pur- there are standards of treatment that have their status determined, even poses. Others do it, to bring down cer- have been established and have been through a habeas corpus petition, tain people. Others, frankly, have a dis- adhered to. In the few situations in which in the United States means a regard for this country and are quick which there is an allegation that right to have questioned the appro- to criticize almost anything we do. maybe those standards might have But look at some of the specific priateness of your being detained. The been violated in some small way, the charges. One of them is these people Supreme Court did not hold they have people have been held responsible who are being held in limbo. They are not a right to a trial, that they have a have violated the standards. I think being held in limbo any more than any right to be charged with anything, that there have been five cases of dealing other prisoner of war or enemy com- they have a right to a particular kind inappropriately with the Koran at batant has been held in the past. They of legal proceeding. Simply, they have Guantanamo Bay, not having both a right to have their status reviewed are being held until the conflict is over hands on it at once or not having a by an appropriate tribunal. so they do not go back to fighting us white glove when dealing with a pris- And since then, their status has been again. oner. It is that kind of violation. reviewed, every one of them. There is a Then they demand to know of the This kind of thing has been compared process by which it is reviewed annu- general and admiral who were before by some to Pol Pot and Nazi Germany ally to determine whether they not the Senate Judiciary Committee yes- and the Soviet gulag and the human only are still appropriately held, but terday when we held a hearing on this: rights abuses that the United Nations whether they need to be held, whether Well, how long are they going to be de- complains about each year. These com- they pose a threat. tained? We demand to know. We do not parisons are not apt. They are not re- In this period of time, a dozen of know how long the war is going to last, sponsible. They are not appropriate. these detainees—many were released, Senator. I demand to know. Will it be They do not even begin to appro- something like 200, as I recall—a dozen forever? What if the war lasts for for- priately describe the kind of conduct have already been recaptured on the ever, will they be detained forever? that our people have engaged in and battlefield. They went right back to These are pretty silly questions, if the crimes against humanity that were killing Americans. you ask me. We do not want to detain referred to. To even think of them in This is why prisoners of war are de- these people. We would like not to have the same sense is unthinkable. tained when captured, and it has thus to do it. We would like to bring the war What about the question about been throughout modern history. In to a close, but until it is safe to release charging them? There is a suggestion World War II, for example, we have all them, they are not going to be re- they should either be charged or re- seen the movies and read about the in- leased, not unless we are going to jeop- leased. Well, this is not a fishing con- ternment camps of Germans and Japa- ardize the service people and others test. This is not catch and release. This nese and, of course, the way Americans who are subject to terrorism. So let’s is serious. This is war. When somebody were held as POWs as well. With the get back to reason and solid logic here. is trying to kill you and you can detain rare exception of the people at the very Another question is, Why are we them, you do it. The alternative is, ob- top of the Nazi Government and a few treating these people possibly a little viously, you kill them. But hopefully of the Nazi generals, the German POWs bit differently than other prisoners of you do not have to kill them; you can were not charged with crimes or tried wars have been treated? The answer is detain them, and you can put them in for those crimes. They were simply they are not prisoners of war. That a place that, until the end of the war, held in these camps until the end of the does not mean we do not treat them is safe for them and safe for you. war. humanely and in accordance with the For those who have committed war A couple of these camps were in Ari- Geneva Conventions. crimes, we have the option of charging zona. I know an Arizona physician who That is another charge, that we vio- them with such crimes, and there is a went through one of these camps, I be- lated the Geneva Conventions. No, we special tribunal set up to try them for lieve in Nebraska. When he got out, he have not. No, we have not. The United those crimes, and they can be tried. decided he liked America a whole lot States adheres to the Geneva Conven- Now, there are cases in the courts of and became a renowned physician in tions, and we have not violated them, appeal right now that are helping to Phoenix. These were places that people and we do not intend to. Enemy com- define the parameters of those trials were held until the end of the war so batants are not entitled to the protec- and until that is very clear those will they could not go back to fighting tion of the Geneva accords to which not proceed, but that is the way we will against Americans. That is precisely prisoners of war are entitled. deal with those cases.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6720 CONGRESSIONAL RECORD — SENATE June 16, 2005 So for those that can be tried, obvi- the impact of irresponsible language, we can prevent their colleagues from ously we will do that, but that is a very to tone down the rhetoric, understand committing more terrorist acts. small percentage. There is no point in that the President and all acting on his The intelligence we have learned charging prisoners of war or enemy behalf are trying their very best to do about the terrorists, their networks, combatants with anything because the what we want them to do, and at the their plans, and so on, has been a treas- whole point of their being held is to end of the day, this is all about win- ure trove that has saved lives and is prevent them from going back to war ning the war on terror, saving Amer- helping us win the war on terror. against you. ican lives and moving on to a more Personally, I am convinced that The final purpose for this detention peaceful world. Guantanamo is humanely and fairly is intelligence gathering. We have Mr. FRIST. Madam President, in the serving its much needed purpose. And I found that human intelligence is the past few weeks a number of allegations am also convinced that if we closed the best intelligence and that the highest have been leveled against the Guanta- camp, it wouldn’t make one bit of dif- percentage of human intelligence is the namo Bay detention center. ference to the terrorists who hate us interrogation that has occurred here There have been some legitimate and murdered 3,000 innocent American and elsewhere that has led us to learn questions about the treatment of de- citizens before Guantanamo or the war a lot about the techniques of the ter- tainees, which is fair and responsible. on terror was ever conceived of. rorists, their plans, the names of oth- The United States is governed by the And it will make no difference to ers, and other important information rule of law. And it is proper for the those who have agitated and protested that has helped us save lives. So the Congress, in its oversight role, to ask against American policy from the very point of this detention is to save lives, the executive branch about such mat- start. to keep people from killing us, and to ters and make sure the interests of our We can debate whether Guantanamo get information that will help us to constituents and the Nation are being helps us save lives and win the war on prevent future killing. That is an ap- properly addressed. terror. But what I can’t stomach are propriate purpose of Guantanamo. That being said, in many cases, the the comparisons being made between So when people use irresponsible lan- allegations that have been made re- Guantanamo and some of the most guage, when they seem to leap to con- cently have been false, distorted or egregious symbols in the history of clude that the United States must have misreported. mankind. done wrong simply because a lawyer or Newsweek, as we are all too familiar, I am referring to the remarks of Am- some group or a prisoner has alleged erroneously reported that an American nesty International officials that com- abuse—and by the way, remember that guard flushed a Koran down a toilet. pared the U.S.-run Guantanamo to the the al-Qaida training includes a man- That report, which was later with- Soviet gulag. I am referring to the International ual instruction on how to allege that drawn, resulted in widespread protests Committee of the Red Cross official they are being abused as a prisoner, as and the deaths of several individuals. When the facts came out, we learned who reportedly compared U.S. soldiers a detainee. They are supposed to allege that, in the 3 years that Gitmo has to Nazis. abuse, and they do. So let us not jump been in operation, there have only been And, regrettably, I am referring to a to the conclusion that any al-Qaida 5 cases of ‘‘mishandling’’ of the Koran Senate colleague who, this week, called terrorist who alleges abuse at Guanta- by our military staff. Guantanamo a ‘‘death camp’’ and drew namo Bay must be right and all of the In those few instances where mis- parallels to Hitler’s Germany, Stalin’s Americans, from the President on takes were made—and people do make gulags, and Pol Pot’s killing fields. down, must be wrong. I like to put my mistakes—they were corrected and per- This was a heinous slander against chances on Americans trying to do the sons were held accountable. our country, and against the brave men right thing. We will make mistakes, We also learned that the prisoners and women who have taken great care but we will try to correct those mis- themselves had abused the Koran 15 to treat the captured terrorists with takes and punish those responsible. In times, in some cases, reportedly, to im- more respect than they would ever the meantime, I think the benefit of plicate our soldiers in a religious have received in any point in human the doubt goes to those people whom crime. history. we have given a very hard job to do. Multiple inquiries have found that It is reported that nearly 9 million To get back to my original point, the the detainees at Guantanamo are being people were killed by Adolf Hitler; use of irresponsible language, irrespon- treated in accordance with the Geneva about 20.7 million were killed in the so- sible charges, has consequences. It can Conventions and U.S. law. They are viet gulags from 1929–1953; and over 1.5 hurt those people that we put in harm’s well fed and well housed. They have ac- million people were killed in Cambodia way by turning international public cess to clean showers, Muslim chap- from 1975 to 1979. opinion against the United States. lains, and even psychological coun- And there is no need to recount the When responsible American officials seling if they request it. brutal torture and manner in which make irresponsible charges, all the Some might say they are living in many of these people died, most of world listens. When they listen, some- more luxury and safety than our sol- whom, if not all, were innocent people. times they react very badly. It does diers and marines fighting the terror- Do we know how many people have our cause no good when—as some of my ists in Afghanistan and Iraq. been killed at Guantanamo? Zero. colleagues have said, this is all about Our service men and women in the That’s right: zero people. winning the hearts and minds of the field usually eat cold, packaged meals; And yet we have members of this Muslim world. There is a great deal of sleep in crude living areas without body who have come to the Senate truth in that. It does no good in that beds; and often wonder if they will live floor to level the most egregious battle to denigrate our own actions in to see the next day, all in the cause of charges, compare our troops to Nazis, a way that is calculated to or one must promoting freedom and democracy and and charge the United States with know will inflame the passions of ter- defending our country. crimes against humanity. To accuse rorists and others around the world One thing is for sure, the detainees our sons and daughters, who are serv- that support the terrorists. It does no are enemy combatants who were ing proudly to keep killers from the good to this ultimate goal of winning picked up off the battlefields of Af- battlefield, with committing genocide hearts and minds to unduly criticize ghanistan and elsewhere. They are and war crimes is beyond the pale. America, Americans and American hardened terrorists and have pledged It is wrong to make these compari- leaders for actions that are nothing their lives to jihad, the death of Ameri- sons; it is wrong to suggest such more than what any Nation has the cans, and the destruction of our coun- things. It is unfair to our military; it is right to do when it captures people who try. unfair to the American people; and it is have been engaged in combat or ter- They are being held at Guantanamo unfair to this body. This is wrong and rorism against it. so they don’t kill more Americans, ei- it is the worst form of demagoguery. I urge my colleagues to keep this ther at home or abroad. It is anti-American and only fuels issue in perspective, to understand the They are being held at Guantanamo the animus of our enemies who are con- reason we detain people, to understand so that we can question them, so that stantly searching for ways to portray

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6721 our great country and our people as ers; Dave Matthews; and Alison Krauss. $2.50, which I paid recently. I don’t anti-Muslim, anti-Arab. It is this type In just 4 years, Bonaroo has become hear the President saying no to them of language that they use to recruit America’s premier rock festival. when they call and say they want help others to be car bombers; suicide Tennessee is truly a musical mecca. from us. attackers; hostage takers, and full- And it has launched some of the big- And the President calls us the ob- fledged jihadists. gest careers in music history, includ- structionists? I find that label very in- It is darkly ironic that those who ing: Elvis Presley; Hank Williams; teresting. What it means is, if you op- want to close Guantanamo for the sake Johnny Cash; Loretta Lynn; B.B. King; pose any of President Bush’s policies, of public diplomacy are themselves and Garth Brooks, one of the biggest you are an obstructionist. Frankly, in wreaking great damage to our public selling popular music artists of all a democratic Nation, that is unaccept- diplomacy by floating outlandish and time. able. It is a disastrous line of thinking. slanderous allegations. I’m proud and blessed to be from this In my view, if you don’t like challenge, It has to stop. We can, and should, extraordinary place. And I am proud to then you don’t understand democracy. have serious debates about legitimate be from Nashville, ‘‘Music City USA.’’ This is not a nation where we have a policy questions. But comparing our f dictator. There should not be a time Nation, our Government and our mili- when simply because the President of OBSTRUCTIONISTS tary to the regimes of Hitler’s Ger- the United States thinks it is a good many, Stalin’s Soviet Russia, and Pol Mr. LAUTENBERG. Madam Presi- idea that we avoid debate or challenge Pot’s Cambodia is the height of irre- dent, on Tuesday—for the record, today that we should. No, not on your life. sponsibility. is Thursday—President Bush gave a That is how we get ideas and how we Frankly, I think it demands an apol- speech in which he complained that challenge the public in this country to ogy to our service men and women, and Democrats are obstructionists because say something about the programs in to all others in our Government who we are not accepting his entire agenda. which we are engaged. are working hard every day to stop the The President also said that we say The President says: If you don’t like terrorists, prevent attacks on our no to everything. I listened to him and my programs, then you are an obstruc- homeland, and to win the war on ter- I watched him on TV. But look at all tionist. rorism. the things he says no to. President Tell that to the people whose pen- We are fighting a war. And young Bush said no to Tony Blair when the sions are fading in front of their eyes. men and women are out in the field, Prime Minister was here to ask for Tell that to the people who work 25, 30 risking their lives. For their sake, the more help for Africa, to help with years for a company and see their jobs toxic rhetoric must stop. AIDS, hunger, and loan reduction. He ended, without the prospect of coming f said no. anywhere near the salary they were CMA FESTIVAL President Bush says no to kids with earning. No, he doesn’t say no to the juvenile diabetes, autism, or other Mr. FRIST. Madam President. Nash- people he ought to say no to. The childhood diseases, when they ask to be ville, TN is home to some of the best President proposed the other day—yes- permitted to do stem cell research to music in the world. Last weekend, I terday—that the tax rate that has done see if we can prevent those diseases had the pleasure of being back home us so much good is something he wants from plaguing these youngsters for life. during the 2005 Country Music Associa- to make permanent—I wish he would President Bush said no to parents tion Festival—‘‘Country Music’s Big- say no to that—so that the wealthiest and teachers who want education fully gest Party.’’ among us don’t go ahead and wait for More than 130,000 country music funded. their airplanes to be delivered after 3 President Bush said no to a real Pa- lovers from around the world come to years. If you order a private airplane— tients’ Bill of Rights. hear their favorite stars perform for a $25 million or $30 million airplane—if President Bush said no to making the 4-day extravaganza. The energy is you want to buy one, sorry, there is a polluters pay for Superfund environ- electric. line. If you want large yachts, 100 to From legendary artists like Kenny mental cleanups, a program that has 200 feet, you have to wait 2 years. What Rogers and Dolly Parton, to new tal- been very successful. I was author of a pity it is for those rich guys to have ents like Sarah Evans, Rascal Flats, the second iteration of Superfund in to pay their share of taxes. I am one of and Gretchen Wilson, more than 400 1986. It was a program that needed those who have been so fortunate in country music stars perform over 70 some time to get going. But now we America. I created a business that got hours of music. can look at lots of sites that have been to be very big, along with two other Not only are fans treated to the best cleaned up and are put to useful pur- friends who grew up in the poor neigh- country music has to offer, they get to poses that don’t threaten children or borhood in which I lived. I am more meet their favorite stars up close and families who live in the area. President than willing to pay more taxes be- personal at the Fan Fair Exhibit Hall Bush said no to making the polluters cause, if I do that, I have more money where performers sign autographs and pay. He said yes to making the tax- left. mingle with the crowd. payers pay for the cleanup problems I wish the President of the United This year, fans were treated to the the polluters created. States would say no to those people first ever Music Festival Kick-Off pa- President Bush said no to getting and yes to the people struggling to rade in downtown, and a spectacular tough with the Saudi Arabians, so we make a living; yes to the kids who can- fireworks display, Sunday night, at the can really bring down oil prices. The not afford to pay for college tuition; Coliseum. In just 4 days, the festival Saudis said no to us when we asked for yes to those people and don’t accuse generates more than $20 million for the help in keeping oil prices down. Look the Democrats of being obstructionists. local economy. what has happened to oil prices. I re- Saddam Hussein didn’t have to worry The CMA Festival has become a member so vividly in the last Presi- about obstructionists in his country. Nashville institution, joining the dential campaign, when Senator KERRY He killed them or jailed them. Mr. Grand Ole Opry and the Ryman Audito- challenged President Bush. The thing President, leaders who are free of ob- rium as symbols of our rich musical that came out of the White House—the structionists are also known as dic- traditions. statement most clearly was: If Senator tators. Nashville’s thriving music scene has KERRY becomes President, you are Our constituents elected us to rep- also attracted another festival called going to see taxes on oil prices. If you resent them and their viewpoints in Bonaroo—a 4-day event that brings want to see taxes on oil prices, just the Senate. One thing I knew when I more than 75,000 music lovers to Man- look at what happened. The only dif- came to this Senate—now over 20 years chester, TN. The event showcases a ference is these taxes are being paid to ago—I wasn’t elected by all the Repub- wide variety of music including rock, Saudi Arabia and other places that are licans, by a long shot. I am not even jazz and bluegrass. not friendly to the United States. But sure I was elected by all of the Demo- This year, more than 80 bands par- the public is paying for it. Gasoline has crats. But I won. When I stood and ticipated, including: the Allman Broth- gone from $1.20 to, in some places, took my oath, I never thought once

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6722 CONGRESSIONAL RECORD — SENATE June 16, 2005 that I don’t have to pay attention to A few months ago the President pre- I have a grandson who is 11, and he those who did not vote for me—the Re- sented an unrealistic and flawed budget happens to have asthma. He is the old- publicans, typically. When I won this to Congress, and I hope to obstruct est of my 10 grandchildren. He is a very seat and the responsibility, I accepted many items in the President’s mis- good athlete. But whenever my daugh- the responsibility, and I had an obliga- guided budget proposal. For example, I ter takes him to compete in a baseball tion to every citizen in my State and hope to obstruct President Bush’s plan game or a soccer game, she always the citizens of this country to listen to to cut Medicaid by $60 billion over 10 checks where the nearest emergency them and try to understand their years. Cuts that hurt the poor and the clinic is in case he has an asthma at- needs. That is what you get in a de- elderly, our Nation’s most vulnerable tack. Childhood asthma is growing in mocracy. You get the opportunity to populations. They need that help for this country by leaps and bounds, and represent all of the people. It is not their health and for their families. I it is because the air is bad and we are just the rubberstamp of the President’s am not going to stand by and not ob- not doing enough to clean it up. Asth- initiatives. The Constitution created struct those cuts. ma and other environmental dangers the Senate as a check on Presidential President Bush wants to take health are increasing across the country. Why power. The Founding Fathers created care away from lower income families would President Bush say no to envi- the Senate in order to obstruct the and lower income senior citizens. Is ronmental protection? President Bush, President, when necessary. there any compassion there? I do not I do not know why you want to ob- Mr. President, throughout history, think so. struct funding for those programs. so-called obstructionists have been the If we look at Amtrak, the Nation’s Obstructionism is all that separates champions of democracy. Looking at premier rail service, the President democracy from dictatorship. Some- these photos of people like this who re- wants to leave it without money, zero times obstruction is necessary, and in sisted tyranny, are they obstruction- fund Amtrak, shut down the system. the case of President Bush’s agenda, it ists? Are the people who stood up You better believe I am going to be deserves a healthy amount of obstruc- against tyranny in so many other there to obstruct that plan whenever I tion. I hope my colleagues on this countries obstructionists? Are they can. Shut down the system that took 25 floor, regardless of party, will look at people who are fighting for a cause, or million riders to their destinations last each of the President’s programs and are they obstructionists? This picture year? say: Remember that President Bush looks like Boston. Can those people be The President also wants to slash obstructed funding for teaching, for called obstructionists as they tried to community development programs. He schools, for stem cell research, for re- defend their land? I don’t think so. If proposes cutting funding to these pro- search on Parkinson’s or Alzheimer’s. we look further, there were people who grams by more than a third. Nearly $4 Remember, he obstructed funding for disagreed with some of the Founding billion will be taken out of commu- Fathers’ views, who obstructed the those programs. He took care of the nities across the country. I want to ob- King of England with our Declaration rich, who are only getting richer. struct that. If you looked in the New York Times of Independence. It was a pretty good In regard to protecting our home- about 2 weeks ago, there was an article idea, one would have to assume. There land, President Bush has proposed re- about how the richest in this country was another time when an obstruc- ducing homeland security block grants, are leaving the rich behind, about how tionist stood up with incredible cour- cutting them by $253 million. Amer- age; her name was Rosa Parks. She ob- 90 percent of the people in this country ica’s soil, America’s land, it is a second structed immoral rules in her State, who work to keep their families to- front in this war against terrorism, and and in the picture you see her being gether own only 10 percent of the as- our soldiers are paying a price for their fingerprinted before she goes to jail. sets of the country, and it is just the fight there, a terrible price, because Obstructionist? There was a former Re- reverse on the top side. the President said no to having enough In the case of President Bush’s agen- publican Senator, Margaret Chase soldiers to do that job right from the Smith. She spoke so eloquently in 1950 da, it deserves a healthy amount of ob- beginning. There are great generals in the Senate in order to obstruct the struction, and I hope the people in this tactics of Senator Joe McCarthy, with who now reflect on the mission and Chamber have the courage to stand up his bullying, sadistic kind of approach. say: We could have used more soldiers and say: No, I obstruct those terrible Is that an obstructionist or is that a there. One very senior general got fired cuts and that mean, unhelpful disposi- heroine? Women fought for the right to for suggesting we need over 300,000 tion to make it tougher for hard-work- vote. The young women who are here troops there. ing families in this country to be able tonight cannot think about times like The President said no to them, but to support themselves, their children, that. Imagine a woman not being al- he should not say no to having home- and their needs. lowed to vote. Were they obstruction- land security financed sufficiently to f protect our citizens when they go to ists? BOLTON NOMINATION Mr. President, the signs in the pic- work, go to school, go to the library, or ture say, ‘‘How long must women wait travel about our country. I hope every- Mr. DODD. Madam President, last for liberty?’’ And ‘‘Mr. President, what one in this Chamber will obstruct that evening, something rather extraor- will you do for woman suffrage, for the cut. I would like my colleagues to say dinary happened here in the waning right to vote?’’ Yes, they obstructed no to that. minutes of the session. My very good immorality. On the issue of airline travel, Presi- friend from Kansas, the distinguished So obstructionism, per se, is not an dent Bush wants to increase the airline chairman of the Intelligence Com- evil force if you are on the side of the passenger tax by $3 for each leg of a mittee, took the floor to discuss the people. flight. A family of four traveling with Bolton nomination—an issue, I say to I say here today, in light of our de- a layover each way could see their my colleagues, no one wants to be re- mocracy’s heritage of productive ob- taxes increase by up to $64 for their solved more quickly than the Senator structionism, I will be proud to ob- round trip. from Connecticut. I have been involved struct some of President Bush’s pro- People are already paying too much in this for two straight months. The posals this year. in airline passenger taxes. I will ob- Presiding Officer and I are both on the I am happy to obstruct the Presi- struct, yes, obstruct President Bush’s Committee on Foreign Relations. This dent’s plan to privatize Social Security tax increase. goes back to April 11, the day we had and throw our retirement security into On our environment, President hearings. My hope is that we can re- the stock market. I will be happy to Bush’s budget cuts environmental and solve this matter sooner rather than obstruct those. If people want to take a natural resource programs by $2 bil- later. chance, if they want to gamble, they lion. With child asthma cases increas- Last night, my friend from Kansas should go to Atlantic City or Las ing and other environmental dangers took the floor and announced that he Vegas, but do not do it with your pen- increasing across the country, why knew what names the members of the sion because when you need it, it is lia- would we reduce environmental protec- Senate Foreign Relations Committee ble not to be there. tion? were concerned about when dealing

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6723 with the Bolton nomination. This is cause the administration has at least I would caution Members from publicly the matter of the intercepts Mr. Bolton now accepted the principle of cross- talking about the names. We have requested—some 10 of them—involving checking names against the list of made no effort to do so. We, of course, 19 names of U.S. citizens, Americans, names reviewed by Mr. Bolton. If the want to limit the number of Senators on those 10 intercepts. We made the re- administration, in a matter of hours who would actually be able to review quest earlier on to allow the chairman can cross-check seven names offered up this matter to four Senators out of the and ranking member of the Intel- by Senator ROBERTS, chairman of the 100 in this body. ligence Committee, as well as the Intelligence Committee, why is it a In all my years here, I have never chairman and ranking member of the problem to cross-check the 36 names faced such a situation where a coequal Foreign Relations Committee, to re- we have drawn up based on our own Member of this body has presumed to view the raw data on those 10 inter- participation in the 10 hours of com- speak on behalf of another—in this cepts to determine whether there were mittee hearings and review of over case, suggesting that he knew which any problems associated with Mr. 1,000 pages of interview? names we should request. Having sub- Bolton’s desire to see those intercepts, We are not on some fishing expedi- mitted those names, he then discov- since there has been a basis of informa- tion here at all to derail the Bolton ered, of course, that those names were tion concerning efforts by Mr. Bolton nomination. We have not opened the not on the intercept list that we saw. to intimidate a number of people with- State Department phonebook and se- So I am still hopeful this matter can in the intelligence community—of both lected names at random. There is a be resolved. I do not think it should the intelligence and research division very specific rationale for each of the take that long. Certainly, if the admin- of the State Department, as well as the names on the list of 36 developed as a istration would just respond to the two CIA—concerning certain intelligence result of 10 hours of hearings, 1,000 requests regarding the draft state- conclusions. Therefore, it is a matter pages of transcripts, and some 30 inter- ments—congressional testimony by Mr. of concern to many of us on the com- views. Bolton—and check out the names that mittee that we have an opportunity to The report of Mr. Bolton’s hearing we have requested regarding these review whether there has been any fur- quite clearly and starkly paints a pic- intercepts, if that information is pro- ther intimidation. ture of an individual who is an ideo- vided and clears up those two matters, I offered initially that we have the logue determined to have his own way. then I think this body is ready to vote four Senators I mentioned review the We know what he tried to do with the matter. That was rejected by the ad- up or down on Mr. Bolton. underlings at the State Department Perhaps he behaved more judiciously ministration. I then suggested why not and CIA—that is not in debate—who in dealing with his peers and superiors just submit the names we are inter- dared resist his efforts to endorse as than he did with those below him in ested in and have the Intelligence Di- fact what was not supported by avail- rector inform us as to whether those rank. Perhaps the information he re- able intelligence. Mr. Bolton tried to names were part of the intercepts. If quested from the NSA was routine and they were not, end of matter. If they crush them. We know what he tried to solely to carry out his responsibilities were, we might want to proceed further do with other career State Department as Under Secretary of State for Arms to determine why those names were employees who ran afoul of him for in- Control and International Security. sought out. That was also rejected be- explicable reasons. He sought to have But given Mr. Bolton’s zealotry on cause the number of names requested them excluded in legal deliberations in proliferation, on North Korea, on to be reviewed was some 36 names. The areas of their responsibility or black- Libya, on Syria and other policy areas, reason I made the request for 36 names balled them from being assigned posi- it is not unreasonable to worry that he is because we had no idea specifically tions within the Department. used all tools at his disposal to advance what these 10 intercepts involved. We Mr. Bolton was a very driven indi- his causes. That is what we seek to find were even denied a synopsis of what vidual when he sought to get his way out through a cross checking of our may be involved. We were flying in the with underlings. He even went so far as names of concern against the names dark about this information. to propose a CIA analyst be denied provided to Mr. Bolton. At any rate, my colleague and friend country clearance so that he could not As a matter of institutional right, we from Kansas proceeded to say he was undertake official foreign travel. have, I think, an absolute right, as a familiar with what the six or seven He even sought to have the same in- coequal branch of Government, to so- names would be that we should be in- dividual’s State Department building licit information that directly pertains terested in. As a result, he proceeded to pass revoked. I do not need to go over to the qualifications of this individual publicly name five of the seven individ- these matters in detail, but the fact is, to be confirmed by the Senate for the uals he identified. Not surprisingly, he there is more than ample justification position to which he has been nomi- also announced he consulted with Di- for seeking these 36 names, as well as nated. So I would hope that the infor- rector Negroponte, who informed my the information that Senator BIDEN mation would be forthcoming and that friend that none of the names Senator has raised regarding the raw data, the we would be able to get the answers ROBERTS provided to the administra- draft speeches dealing with testimony and move on. tion were among the names Mr. Bolton before the House committees on Syria. The PRESIDING OFFICER. The Sen- and his staff were given by the Na- These are not difficult requests to ator from Massachusetts. tional Security Agency. satisfy. As I said a minute ago, my f friend from Kansas submitted seven What is remarkable about what hap- TOBACCO pened last evening is that the Senator names to the Department, and he was from Kansas is not a member of the told within a matter of hours or less Mr. KENNEDY. Mr. President, this Senate Foreign Relations Committee— that they were not on the 10 intercepts. morning’s reports on the Justice De- the committee of jurisdiction with re- So whether or not the 36 names sought partment’s tobacco case are deeply dis- spect to the Bolton nomination. The by the Foreign Relations Committee turbing for all Americans concerned Senator did not participate in more are included on those intercepts should about the health of their children. The than 10 hours of hearings on the nomi- also be a question that can be answered Justice Department memos obtained nation. I sincerely doubt whether our in a reasonable amount of time. by reporters show that high-level Bush colleague reviewed the more than 1,000 I have not told anyone, despite a administration political appointees pages of transcripts from more than 30 number of requests, the names of the 36 overruled professional lawyers in the interviews conducted by the bipartisan people we would like to have checked case in slashing damages the tobacco staff who jointly conducted those out. I think acknowledging certain companies would be required to pay. interviews. I know of no one on the names is dangerously close to bor- There is no clearer example of this ad- committee who was consulted by our dering on revealing the importance of ministration’s view that Government friend from Kansas to provide any the intercept traffic. When certain and the courts should protect big cor- input to the list that was settled upon. names are mentioned and then ex- porations first and real people last. I do believe we owe our colleague cluded, there is an implication that Whether it is global warning or Iraq or from Kansas a debt of gratitude, be- maybe they should be on those lists. So tobacco, their view is that the facts

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6724 CONGRESSIONAL RECORD — SENATE June 16, 2005 should never be allowed to get in the rights—a process whose final step was free and subsidizing domestic sugar produc- way of their rightwing politics. the admission of Hawaii as a State in tion. Some businessman favored establishing There are few initiatives that would the Union. That step was approved in a free trade agreement with the United have a greater impact on the health of States; others contended that annexation 1959 by 94 percent of Hawaii’s voters— would assure unfettered access to American our children than smoking prevention. large majorities of non-Natives and Na- markets for Hawaiian goods. However, the No parent in America ever says, ‘‘I tives alike. congressional resolution exaggerates the hope my child grows up to be a smok- The Native Hawaiian Government presence of sugar planters on the Committee er.’’ Parents know that every child we Act would undo that step—Hawaii’s ad- of Safety. Two members did hold manage- prevent from smoking will have a mission to the Union as a unified peo- ment positions at sugar companies, and the healthier, fuller, happier life. ple and State. Indeed, it would even Honolulu Ironworks, a provider of equipment That is what this lawsuit was all undo the progress made under the Ka- to the plantations, employed another mem- ber. No member held a controlling interest about—requiring big tobacco compa- mehameha monarchy. That constitu- in a sugar company, nor would it be accurate nies to pay for antismoking programs. tional monarchy was not a monoracial to assert that any of the members were sugar I urge the President to intervene institution. It included Hawaiians of barons. with his Justice Department. They all races. This bill would create, for the Queen Lili’uokalani herself furnished the made a political decision to back big first time in Hawaii since the early proximate cause of the revolt. Since its in- tobacco. Now the President should 19th century, a government of one race ception in 1810, the Hawaiian monarchy em- make the responsible decision to back braced increasingly democratic governance. only. This is not progress. Queen Lili’uokalani reversed that trend America’s families. I urge my colleagues to read Mr. when she sought to unilaterally change the If the tobacco companies do not pay Fein’s history, and to ask themselves constitution to augment her own power and for their misdeeds, then our families why we would want to undo the weaken the government’s system of checks will pay with more cancer, more ill- achievements of past generations of and balances. The Hawaiian constitution, ness, and shortened lives. Hawaiians by enacting S. 147 and cre- that the Queen had sworn to uphold, explic- From a public interest perspective, ating a race-based government in Ha- itly limited the power to revise the Constitu- the worst thing would be for the Jus- waii. tion to the legislature, which represented na- tice Department to settle with the to- tive and non-Native Hawaiians alike. Her EXHIBIT 1 proposed Constitution allowed the monarch bacco companies based upon the weak [From the Grassroot Institute of Hawaii, to appoint nobles for life, reduced judges’ and inadequate demand that DOJ made Jun. 1, 2005] tenure from life to six years, removed the to the court last week. At this point, HAWAII DIVIDED AGAINST ITSELF CANNOT prohibition against diminishing judge’s com- we have far more confidence that the STAND pensation, and admonished Cabinet members court will do the right thing than the (By Bruce Fein) that they would serve only ‘‘during the queen’s pleasure.’’ The Queen’s own cabinet Justice Department will do the right APPENDIX thing. The court has the authority to refused to legitimize her autocratic constitu- The apology issued by the United States tion. Her disregard for democracy provoked look beyond the Justice recommenda- Congress in 1993 to the Native Hawaiians for the 1893 revolution. The congressional reso- tions and to order strong remedies the ‘‘illegal’’ overthrow of the Hawaiian lution blatantly ignores the historical cir- based on the evidence presented at the monarchy and its annexation to the United cumstances surrounding her overthrow. trial. We should let the court decide. States is riddled with historical inaccura- While the apology expressly condemns the cies. The resolution alleges that the Com- f alleged military intervention by the United mittee of Safety, the political juggernaut States, the Hawaiian monarchy itself estab- AGAINST RACE-BASED that deposed Queen Lili’uokalani, ‘‘rep- lished its primacy through a series of bloody GOVERNMENT IN HAWAII, PART III resented American and European sugar conflicts with rival chieftains. King Kameha- planters, descendants of missionaries, and Mr. KYL. Madam. President, I rise meha I succeeded in uniting the islands and financiers.’’ The language fails to disclose establishing control over foreign immigra- today to ask unanimous consent that the Hawaiian monarchy’s deep and lasting tion, which began with Captain Cook’s ar- the following account of the history of ties with the most powerful sugar planters rival nearly thirty years earlier. He did not the Hawaiian monarchy be printed in on the islands. Many of the wealthiest sugar hold elections. He gained power through the RECORD following my present re- barons steadfastly supported the monarchy brute force and ruthless measures. During a marks. in opposition to the Committee for Safety. battle in the Nuuanu Valley, Kamehameha’s The PRESIDING OFFICER. Without Chinese and Japanese immigrants provided forces drove thousands of Oahuan warriors objection, it is ordered. an abundant source of cheap labor on the off steep cliffs to their death. According to (See exhibit 1.) sugar plantations. They labored for wages the logic of the congressional Apology Reso- below what was required on the American lution, King Kamehameha I’s seizure of land Mr. KYL. This history is in the ap- mainland. The sugar planters owed their im- by force amounts to a violation of inter- pendix to ‘‘Hawaii Divided Against pressive profit margins to these workers. An- national law. The Hawaiian monarchy, Itself Cannot Stand,’’ an analysis of nexation to the United States would have which the resolution holds in such high re- the 1993 apology resolution and S. 147, eliminated the sugar planter’s labor cost ad- gard, is guilty of far more egregious ‘‘ille- the Native Hawaiian Government Reor- vantage. Many sugar barons vigorously de- gal’’ actions than those supposedly per- ganization Act, that was prepared by fended the monarchy to retain their access petrated by the United States. constitutional scholar Bruce Fein. I to cheap labor. In 1819, shortly after the death of Kameha- previously have introduced earlier The sugar barons invested heavily in the meha I, his widow, Kaahumanu, became the monarchy. Claus Spreckels, the wealthiest de facto ruler and installed the deceased parts of that analysis into the sugar baron on the islands, established Claus King’s 23 year old son by another wife, RECORD—this is the third and final Spreckels & Co. Bank in 1885. King Kalakaua Liholiho, as the nominal ruler, thereafter instalment. borrowed heavily from Spreckels’ bank; the known as Kamehameha II. Under pressure The appendix to Mr. Fein’s analysis planter’s substantial influence garnered him from Kaahumanu and Keopuolani, the young carefully explains the nature of the Ha- the nickname ‘‘King Claus’’. King Kalakaua king’s mother, Liholiho broke the kapu, or- waiian monarchy, its evolution toward unsuccessfully endeavored to secure a two dered the destruction of heiaus (stone alters) constitutional democracy, the attempt million dollar loan from the British to settle and the burning of wooden idols. Anthropolo- by the last monarch to undercut those his debts to Spreckels’ bank. Spreckels’ fi- gists have long regarded pre-contact Hawaii nancial stake in the monarchy provided him as the most highly stratified of all Polyne- reforms and compromise the judiciary, with considerable political capital, which he sian chiefdoms. The chiefly elite from Maui and the actors involved in stopping spent securing his business interests. After and Hawaii Island had exercised a cycle of that monarch and establishing a demo- the Committee of Safety deposed the Queen, territorial conquest, promulgating the kapu cratic republic. This account is a useful Spreckels vigorously lobbied for her re- system, an ideology based on the cult of Ku, antidote to the tendentious blame- instatement. a human sacrifice-demanding god of war, to America narrative provided in the 1993 Some planters and financiers did offer legitimize chiefly dominance over the com- apology resolution. The truth is much their support to the Committee of Safety due mon people. The chiefs typically imposed the more nuanced than the resolution’s to economic concerns. Prior to 1890, the death penalty for violating kapu; women and United States conferred the privilege of duty those of lower castes suffered disproportion- ‘‘Whites vs. Natives’’ account. The real free sugar imports only on Hawaii. The ately under the system. When Liholiho broke story is about a multiracial constitu- McKinley Tariffs eliminated Hawaii’s advan- the kapu by sitting down to eat with the tional monarchy slowly evolving to- tage by allowing all foreign suppliers to ex- women Ali’i, Kaahumanu announced, ‘‘We ward democratic norms and equal port their sugar to the United States duty intend to eat pork and bananas and coconuts

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6725 and live as the white people do.’’ The fol- small fraction of the total; however, the report: ‘‘Mr. Stevens gave assurances of his lowing year, 1820, the first American mis- kuleana lands were the primary productive earnest purpose to afford all the protection sionaries arrived in Hawaii. Soon after, agricultural land of the Kingdom and were that was in his power to protect life and Kaahumanu took charge of Christianity and considered extremely valuable. The Kuleana property; he emphasized that fact that while made it the official religion of the Kingdom. Grants awarded land to approximately two he would call for the United States troops to These shattering changes in the religion, out of every three Native Hawaiian families. protect life and property, he could not recog- culture and governance of Hawaii were the The editor of the Polynesian newspaper nize any government until actually estab- work of the Native Hawaiians themselves. extolled the grant as ‘‘the crowning fact that lished. He repeated that the troops when All foreigners came under the purview of gives liberty to a nation of serfs.’’ Indeed, landed would not take sides with either the Native Hawaiian monarchy. The Apology fifty years prior to annexation, the Hawaiian Party, but would protect American life and Resolution decries the imperialist tendencies monarchy dismantled the ‘‘subsistent social property.’’ of the missionaries, yet their access to Na- system based on communal land tenure’’ Minister Stevens consistently denied any tive Hawaiians remained contingent on the that the Apology Resolution references. The involvement in the revolution. Any state- monarchy’s good graces. Several attempts to government only extended the possibility of ment to the contrary amounts to little more inject the Ten Commandments into the civil land ownership to foreign born residents two than speculation. code failed, and King Kamehameha III actu- years after the Kuleana Grant. The provi- The Blount Report was a partisan endeav- ally banned Catholic missionaries for a time. sional government of 1893 simply gained or. The newly elected Democratic President The Hawaiian monarchy had gained inter- ownership of the crown lands and the govern- Cleveland castigated the outgoing Repub- national recognition by the reign of King Ka- ment lands. The Apology Resolution faults lican administration of President Harrison mehameha III. The child king ceded power to the United States for acquiring those lands for its ‘‘interventionist’’ tactics in Hawaii his regent, Kaahumanu, who remained the de from the provisional government without prior to any investigation. Cleveland accused facto ruler until her death in 1832. While the providing compensation to Hawaii. Yet, the Minister Stevens of orchestrating virtually regency yielded significant changes in Ha- United States assumed over 3.8 million dol- every aspect of the revolution in an address waiian common law, including the introduc- lars of Hawaii’s public debt, largely incurred to Congress claiming that ‘‘But for the noto- tion of jury trials, King Kamehameha III af- under the monarchy, after annexation. That rious predilections of the United States Min- fected a seismic shift toward democracy debt burden amounts to twice the market ister for annexation, the Committee of Safe- when he produced the Constitution of 1840. value of the land the United States inher- ty, which should be called the Committee of The influx of foreign merchants and settlers ited. Native Hawaiians did not forfeit one Annexation, would never have existed.’’ In had exposed the Native Hawaiians to new acre of land as a consequence of the over- fact, King Kamehameha III first proposed an- modes of jurisprudence and governance. throw or annexation. nexation to the United States in 1851, despite These revolutionary ideas found expression King Kamehameha III’s reign institu- strenuous objections from the French and in the new Hawaiian constitution. King Ka- tionalized a measure of representative de- the British. When Cleveland commissioned mehameha III took a particular interest in mocracy and property rights in Hawaii. King the Blount report, the ongoing effort to dis- studying political structures; he requested Kamehameha V’s failure to designate a suc- credit the Harrison administration colored that an American missionary, William Rich- cessor afforded native and non-native sub- Blount’s impartiality. He did not swear in ards, tutor him in political economy and jects alike the opportunity to elect the next his witnesses, nor did he interview all in- law. two monarchs, King Lunalilo and King volved. Cleveland even attempted to re- The king, the chiefs, and their advisors Kalakaua. The Hawaiian monarchy itself in- instate Queen Liliuokalani, although he convened to draft a declaration of rights and fused democracy, property rights, and a sys- aborted those efforts after the Queen repeat- laws in 1839. The declaration secured the tem of common law into Hawaiian society. edly insisted that all involved in the Com- rights of each Hawaiian citizen to ‘‘life, The annexation did not alter those institu- mittee of Safety be executed. The Senate’s limb, liberty, the labor of his lands, and pro- tions. bipartisan Morgan Report found little evi- ductions of his mind’’ and represented a crit- The Constitution of 1887 extended democ- dence to support Queen Lilioukalani’s fraud- ical concession to the king’s subjects. The racy to the selection of nobility, reduced the ulent claims that United States pressure language ensured that native and non-Native arbitrary power of the King, stipulated that forced her to abdicate the crown. Hawaiian citizens enjoyed equal protection only the legislature could approve constitu- The provisional government encountered under the law. tional changes, and mandated that no cabi- little resistance. Just 800 Hawaiian royalists The following year, the council of chiefs net minister could be dismissed without the staged a short-lived counter-revolution in and King Kamehameha III drafted a formal legislature’s consent. While the King signed 1895. Under the leadership of President San- constitution. The document provided for the the new constitution under pressure from a ford B. Dole, the new government convened a creation of a ‘‘representative body’’ chosen militia group, the Honolulu Rifles, the net constitutional convention in the summer of by the people and a supreme court consisting effect of the revisions provided Hawaiian 1894. The resulting document cemented civil of the king; the kuhina-nui, the premier or citizens with a more democratic govern- liberties for all Hawaiian citizens, similar to regent; and four judges appointed by the ment. Many natives expressed concern over the American Bill of Rights, and mandated ‘‘representative body.’’ Moreover, the docu- the extension of suffrage to resident for- that a Senate and House of Representatives ment specified that only the legislature eigners of western descent and the property be elected by the people. Royalists continued could approve alterations to the constitution qualifications to vote for or become nobles. to express their frustrations in opposition following a year’s notice of the proposed A minority embarked on an ill-fated effort newspapers without censure. After the 1898 change. The government followed the man- to depose King Kalakaua and install annexation, Native Hawaiians proved a dy- dated procedure and revised the constitution Lili’uokalani in his place. However, most na- namic force in island politics. While just one in 1852, which more explicitly outlined the tive and non-native dissenters sought redress of the Washington-appointed Governors, powers accorded to each branch of govern- within the democratic system. Their opposi- Samuel Wilder King, possessed Hawaiian ment. While the Hawaiians borrowed many tion parties, the National Reform Party and blood, five out of ten elected Delegates to of their political philosophies from Western the Liberal Party, garnered a substantial Congress boasted Native Hawaiian ancestry. civilization, they forged a government of number of seats in the legislature. Queen In 1903, a Native Hawaiian Delegate to Con- their own accord. Lili’uokalani’s autocratic demands in 1893 gress of royal ancestry, Prince Kuhio, deliv- The Apology Resolution contends that appear even more egregious against the ered Hawaii’s first petition for statehood to ‘‘the Indigenous Hawaiian people never di- backdrop of liberalization that her prede- Washington. rectly relinquished their claims to their in- cessors championed. August 21, 1959 remains a day of celebra- herent sovereignty as a people or over their The Apology Resolution also casts United tion for Hawaiians of all races and creeds. national lands to the United States,’’ yet the States Minister to Hawaii, John Stevens, in Hawaii’s induction into the union as the fif- land system remained virtually unchanged a sinister light, charging that he ‘‘conspired tieth state marked the culmination of its after the 1893 overthrow and subsequent an- with a small group of non-Hawaiian resi- protracted struggle for statehood. Native nexation. King Kamehameha III embarked dents of the Kingdom of Hawaii . . . to over- and non-Native Hawaiians voted over- on an ambitious land reform program in 1848, throw the indigenous and lawful Government whelming in favor of statehood in the plebi- termed the ‘‘Great Mahele.’’ The original of Hawaii.’’ Moreover, the resolution con- scite preceding the formal declaration. Na- spate of reforms, the Buke Mahele, divided tends that the United States Navy invaded tive Hawaiians did not rally in opposition to the land amongst the King and the 245 chiefs. Hawaii and positioned themselves ‘‘near Ha- statehood; just 6 percent of the voters op- The King further divided his lands into the waiian Government buildings and the Iolani posed the measure whereas 94 percent re- Crown Lands and the Government Lands, the Palace to intimidate Queen Liliuokalani.’’ soundingly announced their support. As Sen- latter was to be ‘‘managed, leased, or sold, in There is not a shred of hard evidence to sup- ator Inouye of Hawaii so eloquently testi- accordance with the will of said Nobles and port either of those claims. The Blount Re- fied, ‘‘Hawaii remains one of the greatest ex- Representatives . . .’’ [Footnote: R.S. port itself, cited by the Apology Resolution, amples of a multiethnic society living in rel- Kuykendall, The Hawaiian Kingdom 1778– contains statements from the leaders of the ative peace.’’ Congressional Record, 1994, 1854 Vol 1, pg. 289.] Then, the Kuleana Grant revolution and from John Stevens himself Page S12249. He echoes the same sentiments program offered fee simple titles to the na- which directly refute those allegations. W.O. Captain Ashford expressed in 1884 to King tive tenants tilling each plot or kuleana. The Smith recounted the Committee of Safety’s Kalakaua when he referred to the Hawaiian commoners’ share of land constituted a contact with Minister Stevens in Blount’s flag as, ‘‘this beautiful emblem of the unity

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6726 CONGRESSIONAL RECORD — SENATE June 16, 2005 of many peoples who, blended together on a commemorates the end of slavery honorees this year include: saving benignant basis of political and race equal- throughout the United States. Al- lives, sacrificing for others, over- ity, combine to form the Kingdom of Hawaii though the Emancipation Proclama- coming obstacles to achieve goals, and . . .’’ The Akaka Bill would thus represent a tion was issued on January 1, 1863, the lifelong commitments to improving the wretched regression in race relations that would occasion equally wretched racial ills. information had not been passed to the lives of those around them. The win- most rural parts of the South until ners include persons of all ages and all f some two and a half years later when walks of life—students, community JUNETEENTH INDEPENDENCE DAY General Gordon Granger entered Gal- leaders, founders of nonprofit organiza- veston, TX on June 19, 1865, and issued tions, members of the clergy, and many Mr. OBAMA. Madam. President, I the proclamation, officially freeing the others. was pleased to join the Senator from town. At home games during this season, Michigan, Senator LEVIN, in submit- There are a number of theories to ex- the Celtics and their fans salute the ef- ting a resolution on the Juneteenth plain why it took so long for the mes- forts of an honoree in a special presen- Independence Day. sage of freedom to reach many slaves tation on the basketball court. So far, I have heard people ask, ‘‘Why cele- throughout the South. While there is over 300 individuals have received the brate Juneteenth?’’ We have so many yet to be a definitive explanation for ‘‘Heroes Among Us’’ award. holidays and remembrances already— the delay, as we continue to recognize The award has become one of the why add more history to the calendar? the importance of this date, we can be most widely recognized honors in New But of course, Juneteenth is not just assured that scholars will continue to England. I commend each of the hon- about celebrating history. It is about research this part of our Nation’s his- orees for the 2004–2005 season, and I ask learning from it. Just like the day tory. unanimous consent that their names when the greatest civil rights leader of Annual Juneteenth celebrations have and communities be printed in the our time was born or the day when we long been a part of our Nation’s his- RECORD. finally gave African Americans a ballot tory. Although they were held in the There being no objection, the mate- and a voice, Juneteenth is a day when years immediately following 1865, they rial was ordered to be printed in the we can look back on a time when ev- were not popular in the Jim Crow-era RECORD as follows: eryday Americans faced the most South. In fact, they were banned from daunting challenges and the slimmest Bill Annino, Scituate, RI public property, and, in order to con- Mattie Arkord, Brighton, MA odds and still persevered. When they tinue the celebrations, churches Suzin Bartley, Milton, MA said ‘‘we shall overcome,’’ and they throughout the South held fundraisers Boston MedFlight, Bedford, MA did. When the hopes held by so many to sponsor Juneteenth events. This was Andrea Casanova, Boston, MA for so long finally led to the victory of common until the Great Depression, Mike Cataruzolo, Watertown, MA freedom over servitude; of independ- when people could no longer afford the Marisol Chalas, Lynn, MA ence over enslavement. Erika Ebbel, Cambridge, MA necessities of everyday life, let alone Jini Fairley, Dorchester, MA Juneteenth is a day that allows us to celebrations of our past. At the same remember that America is still the Judi Fanger, Needham, MA time, in many public schools, teachers Autumn Faucher, Pelham, NH place where anything is possible. It has often focused discussion on the day of Students from Fenway High School, Boston, been that place in the past, and it can the Emancipation Proclamation, even MA be that place in the future when it though it had no immediate impact for Sue Fitzsimmons, Wellesley, MA comes to the challenges we have yet to slaves in many parts of the South. Officer Steven Fogg, Waltham, MA meet. Thus, there was limited recognition of Lauren Fox, Brookline, MA And so when we think of those chal- Gladys Aquino Gaines, Andover, MA the importance of Juneteenth until the Sean Gavin, Brighton, MA lenges—when we think of the injustice Texas legislature recognized it as an we still face and the miles we have left The Giangrande Family, Andover, MA official holiday on January 1, 1980. Manna Heshe, Brookline, MA to march—when we think of the mil- This weekend we recognize this im- Deborah Jackson, Milton, MA lions without health care, the children portant celebration. In so doing, we Hubie Jones, Newton, MA without good schools, the families take time to reflect on the evil of slav- Kirk Joselin, Holliston, MA without jobs, and the disparities that ery. This is a time to learn from the Paula Kane, Westborough, MA still exist between black and white, past and to redouble our efforts to en- Rick De Muinck Keizer, Belmont, MA rich and poor, educated and Dr. Punyamurtula Kishore, Chestnut Hill, sure that the values of freedom and lib- MA uneducated—when we think about all erty in this country are afforded to all these challenges, we can also think Sotun Krouch, Lynn, MA its citizens. Juneteenth is a day for re- Iwona and Emily Londono, Dorchester, MA ‘‘Juneteenth.’’ flection, for prayer and for hope that George Mazareas, Nahant, MA We can think of a day when the word our country will continue to grow to- Jake Mazza, Newton, MA began to spread from town to planta- gether in the spirit of liberty, equality Jane Melchionda, Reading, MA tion to city to farm that after more and justice. Kimo Murphy and David Dorriety, Hillsboro, than a hundred years of slavery, mil- I am proud to honor the 140th com- NH lions were now free. That after so memoration of the African American Kyle Power, Methuen, MA Pat Pumphret, Winthrop, MA many hopeless days and years of de- emancipation day, Juneteenth, June spair, the impossible was now truth; Jerry Quinn, Brighton, MA 19, 1865. Margie Rabinovitch, Newton, MA the shackles were now broken and a f Sergeant Steve Roche, Worcester, MA new day was finally here. Freddie Rodrigues, Dorchester, MA In the memory of this day, I believe ‘‘HEROES AMONG US’’ AWARD Dick Rogers, Waltham, MA we can find hope for all the trying days RECIPIENTS Jothy Rosenberg, Newton, MA we have yet to face as a people and as Mr. KENNEDY. Mr. President, all of The Sammis Family, Rehoboth, MA a nation. And as we continue to over- us in New England are proud of the The Schoen Family, Weston, MA come, we will continue to celebrate Boston Celtics. They led the Atlantic Peter Trovato, North Attleboro, MA those victories as historical markers Three members of the original Tuskegee Air- Division of the NBA this season, but men: Jack Bryant, Cohasset, MA; James that give future generations the same they are also leaders in the commu- McLaurin, Weymouth, MA; Enoch hope we have today. nity. Each year, the Celtics honor out- Woodhouse, Boston, MA. I commend Senator LEVIN for his standing persons in New England as Nancy Tyler Schoen, Franklin, MA longtime leadership on civil rights ‘‘Heroes Among Us’’—men and women Steven Vellucci, Jr., Tyngsboro, MA issues and urge my colleagues to sup- who have made an especially signifi- f port this resolution. cant impact on the lives of others. Mr. KERRY. Mr. President, I wish to The award, now in its 8th year, recog- NOMINATION OF THOMAS recognize the upcoming Juneteenth nizes men and women who stand tall in GRIFFITH celebration that will occur this Sun- their commitment to their community. Mr. BIDEN. Madam President, I ask day, June 19, 2005. This celebration The extraordinary achievements of the unanimous consent to have printed in

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6727 the RECORD my statement on the nomi- ADDITIONAL STATEMENTS ever, the need for leadership in the nation of Thomas Griffith. classroom is foremost and the involve- ment of students is paramount. Lance There being no objection, the state- RECOGNITION OF ECONOMIC Suzuki and the Iolani Economics Team ment was ordered to be printed in the EDUCATION ACHIEVEMENTS are role models for our country and I RECORD, as follows: ∑ Mr. AKAKA. Mr. President, I want to am proud to extend my sincere con- gratulations and appreciation for their NOMINATION OF THOMAS GRIFFITH recognize the achievements of several ∑ individuals from Hawaii who have ex- hard work. Mr. BIDEN. Mr. President, I rise today to celled in an area of great interest to f discuss the nomination of Thomas Griffith to me, the area of economic education. the U.S. Court of Appeals for the District of RECOGNIZING JULIA DYER Columbia. I intend to vote for Mr. Griffith’s First is Lance Suzuki, a teacher at ∑ Mr. ALLEN. Mr. President, today I nomination today. When the Judiciary Com- Maryknoll High School in Hawaii. For mittee reported Mr. Griffith’s nomination to his AP Economics class he developed a am pleased to recognize Julia Dyer, a the floor on April 14, I opposed his nomina- new and very innovative piece of cur- teacher at Albemarle High School in tion because of my concern over the nexus riculum, a novel approach to involve Charlottesville, VA, who is one of eight between his public views on title IX and his the students in learning economics. finalists for the Richard T. Farrell views on stare decisis. More specifically, I This lesson is called ‘‘What Does 2 Tril- Teacher of Merit Award for out- expressed concern that Mr. Griffith had not lion Dollars Buy?’’ where students par- standing success in teaching history. clearly indicated that he would respect 27 ticipate in learning the political side of The Richard T. Farrell Award is pre- years of the accepted legal interpretation es- the economy as well as how the federal sented each year to a teacher who em- poused by successive administrations and budget is developed and approved by ploys innovative and creative teaching other Federal appellate courts regarding the the Congress. For this lesson, he was methods in and out of the classroom. ‘‘substantial proportionality’’ test of title recognized by the NASDAQ Stock Mar- The teacher must participate in the IX. In my view, failure to accept this con- ket Educational Foundation, Inc. and National History Day program, develop sensus as ‘‘applicable precedent’’ would mark the National Council on Economic Edu- and use creative teaching methods to a monumental, and unacceptable, shift in cation as the Grand Winner of their pique students’ interest in history, the ability to enforce title IX. 2005 National Teaching Award. help them make exciting discoveries When I voted against Mr. Griffith in the Economic education is very impor- about the past, show exemplary com- Judiciary Committee, however, I stated that tant to our nation. Commercial mar- mitment to helping students develop I would reconsider my vote on the floor if I keting continues to target younger au- their awareness of history and recog- received assurances that he would respect diences—not just teenagers, but young nize their achievements. the unanimous consensus of the Federal ap- children—to become consumers and in Ms. Dyer is being recognized for her pellate courts and prior and current adminis- some cases provides them with easy ac- dedication to the National History Day tration interpretations on title IX. When I cess to lines of credit. We must ensure program and her success with improv- was unable to reach Mr. Griffith, I had my that our students have the necessary ing history education. She has been in- staff director speak to him to ask a series of tools for sound financial decision mak- volved in helping students participate followup questions. Mr. Griffith assured my ing. Lance Suzuki’s curriculum in National History Day for over 20 staff that he would consider the consensus achieves this important goal. Not only years. Ms. Dyer has a unique ability to views of the appellate courts and administra- will his students and school benefit, take a classroom curriculum and per- tion views as ‘‘applicable precedent’’ with re- but all of us will gain from the innova- sonalize it for each student. And, most spect to any challenge to title IX he might impressively, she continues to have an face as a sitting judge on the DC Circuit. He tive efforts of Lance Suzuki. I am proud that a teacher in my home State impact on students even after they also reiterated the point, made in his earlier have left her classroom. written responses, that he would recuse him- of Hawaii has been recognized with this As a former Governor who imple- self in any case where the DC Circuit’s prestigious award for expanding eco- recusal rules required it. Mr. Griffith also nomic education. mented academic standards for Vir- noted that he has five daughters who are all I also wish to congratulate a group ginia’s students in a broad range of active in sports and who had been direct from Iolani School. They are students subjects, including history, I am espe- beneficiaries of title IX. He stated that, hav- Justin Van Etten, Lara Malins, Tyler cially pleased that we have out- ing seen first-hand the tangible effects of in- Mizumoto and Reed Ayabe, and their standing women like Julia teaching in creased participation for women in sports, he coach, Col. Richard Rankin. These four our schools. I commend Julia on her se- would never do anything to curtail the con- students along with team member lection for this award and applaud her tinued success of title IX. Steve Schowalter, who was unable to dedication to her students, the im- By all accounts, Mr. Griffith is an honor- attend the competition, comprise the provement of the educational process able man and I take him at his word. It is my top Iolani School Economics Team. On and the teaching of our common his- hope and expectation that he will apply the May 23, 2005, they won the 2005 Na- tory. With dedicated teachers like consensus precedent on title IX matters tional Economics Challenge, a com- Julia Dyer, I know the students in Vir- should he consider them on the bench. I am petition that started out with 34,000 ginia, and indeed across America, have fortified in my views by the strong endorse- teams nationwide. The future of our a bright future.∑ ment of Mr. Griffith’s nomination by three country depends on our students, and I f individuals for whom I have great respect— am pleased to know that Hawaii is Judge Abner Mikva, Gregory Craig, and turning out such successful young peo- COLLEGE WORLD SERIES IN Lanny Breuer. I served in Congress with ple. I earnestly congratulate them for OMAHA—JUNE 2005 Judge Mikva, helped shepherd his nomina- their achievement. ∑ Mr. NELSON of Nebraska. Mr. Presi- tion to the Federal bench, and worked close- I have been very active in working to ly with him when he was White Counsel and dent, on June 17, 2005, more than a I was chairman, then ranking member, of the address economic and financial illit- half-century baseball tradition con- Judiciary Committee. I have worked with all eracy in the United States. I have in- tinues in Omaha, NE. This is the 56th three of these individuals, and their personal troduced legislation including the Mu- year in a row that Omaha plays host to assurances to me that Mr. Griffith is both a tual Fund Transparency Act, the Col- what is officially named the NCAA man of his word and possessed of the req- lege Literacy in Financial Education Men’s College World Series. Of course, uisite judgment and temperament to sit on Act and the enacted Excellence in Eco- baseball fans nationwide know it by its the Federal bench is a significant factor in nomic Education Act. We must strive unofficial name—‘‘The Road to my decision to support his nomination. Fi- for better economic and financial lit- Omaha.’’ nally, I am hopeful that Mr. Griffith will eracy, which, in turn, will result in The Men’s College World Series fea- also remain true to his word for the sake of stronger families, better-functioning tures the best teams that college base- his five daughters who have been direct bene- markets, and a more secure future for ball has to offer. Many of the players ficiaries of title IX. our nation. are the professional superstars of to- For these reasons, I have decided to sup- It is a critical time for citizens to be morrow. One has even gone on to be- port Mr. Griffith’s nomination on the floor. literate in economic issues. More than come President of the United States.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6728 CONGRESSIONAL RECORD — SENATE June 16, 2005 As a student at Yale University, Presi- Omaha from June 17 through 27 to editor-in-chief of the Cornell Law dent George H.W. Bush played in the enjoy college baseball’s finest tradi- Quarterly. A number of his law-school College World Series in Kalamazoo, MI, tion. You are certain to enjoy your- friends, like Senator Edmund Muskie in 1948, 2 years before the games found selves, and like many of the players and Secretary of State William Rogers, their permanent home in Omaha. who earn the right to participate in the went on to become eminent public In 2001, President George W. Bush College World Series, you, too, will servants and practitioners of the law. came to Omaha to throw out the first find yourself part of the ‘‘Road to But Sol wrote with typical understate- ball at Johnny Rosenblatt Stadium. Omaha’’ experience.∑ ment in his memoir that ‘‘the most sig- The stadium, named in honor of a f nificant social contact’’ of his years at former Omaha mayor and avid baseball Cornell was Toni Zimmerman, a Cor- fan, serves as the home ballpark for the SOL M. LINOWITZ nell student. All who know Toni Zim- Omaha Royals, which is the Pacific ∑ Mr. SARBANES. Mr. President, when merman Linowitz would certainly Coast League AAA farm team of the Sol M. Linowitz died recently, at the agree. Sol and Toni were married for 65 Kansas City Royals. age of 91, this country lost a distin- years. Since the College World Series came guished citizen and his family lost a Sol chose to practice law in Roch- to Omaha in 1950, there have been 799 loving, wise and generous husband, fa- ester with the small family firm of games played at Rosenblatt Stadium ther, brother and grandfather. Those Sutherland and Sutherland. Following with 5,692,950 fans in attendance. The who had the privilege of working with government and military service dur- attendance shows remarkable growth him—and there are many of us—lost a ing World War II, he and Toni returned from that first year when fewer than colleague and wise counselor and, to Rochester. Sol resumed his law prac- 18,000 fans showed up for the entire se- above all, a dear friend. tice. At the same time, he entered into ries. Today, the average attendance for It says much about Sol Linowitz that the sustained engagement in commu- the entire 10-day event approaches he opened his 1985 memoir, The Making nity and national affairs that was to il- 230,000 with an average per-session at- of a Public Man, with a citation from luminate his entire life. Sol Linowitz’s commitment to public tendance of nearly 23,000. Justice Oliver Wendell Holmes, Jr.: ‘‘It service extended far beyond his govern- Credit for this phenomenal success is required of a man that he should ment service, which began with his story goes to College World Series of share the passion and action of his OAS ambassadorship, in 1969. He found Omaha, Inc., a nonprofit organization time at peril of being judged not to an extraordinary range of opportuni- which has captured the imagination of have lived.’’ That is precisely what Sol ties to serve. For many years he was a the people of Omaha, its business lead- did over the course of what his brother, trustee of Hamilton College and of Cor- ers, city officials and volunteers. Bob Linowes, described—too mod- nell University, which had both served We are often asked by fans that fol- estly—as Sol’s ‘‘exemplary and produc- him so well—and also of Johns Hopkins low their teams here and are attending tive life.’’ Indeed, it can be said of Sol University, in Baltimore, and the Uni- their first College World Series, ‘‘Why Linowitz that almost from his birth in versity of Rochester and the Eastman Omaha?’’ The answer is easy. The en- 1913 until his death earlier this year, he School of Music, in Rochester. He was tire city rolls out the red carpet for reflected in his own life the highest chairman of the Jewish Theological visiting teams and their supporters. ideals, aspirations and achievements of Seminary of America. He served as Baseball fans, most from the Omaha 20th-century America. president of the National Urban area, fill the stadium for each game. Sol Linowitz was the eldest of Joseph and Rose Linowitz’s four sons. Both his League. He was a co-founder of the They cheer all participating teams International Executive Service Com- equally, making players, families and parents had come to this country as adolescents from what was then the mittee, in 1964, and the founder of the fans from other parts of the country InterAmerican Dialogue, in 1982. He Russian empire. They met and married feel welcome. Even when hometown fa- was an advisor to three U.S. Presi- in this country, settling in Trenton, vorites, the Nebraska Cornhuskers or dents, and was President Carter’s rep- NJ, and raising their family there. Of Creighton Bluejays make it to the se- resentative in the Israel-Egypt nego- his parents Sol has written simply but ries, fans continue to cheer for teams tiations following the Camp David Ac- eloquently: they ‘‘were not highly edu- coming from other States. cord. Many Omaha supporters take time cated people; they had come across the With Ambassador Ellsworth Bunker, off from work during the 10-day event, ocean . . . bringing their hopes and lit- Sol Linowitz led the U.S. team that ne- tailgating on the stadium grounds and tle more . . . their life was a struggle.’’ gotiated the Panama Canal Treaties. It attending games each day. They will From his parents he received the price- has been reported that years later Sol often wait in line all night to buy tick- less gift of principles by which to live said of this daunting challenge, ‘‘In ets which remain low in price despite his own life: the fundamental impor- retrospect, I’d have to say that assign- sellouts and the fact that games are tance of education; values taught by ment was probably the most difficult telecast nationwide on ESPN and example, not rhetoric; people helping and the most challenging of my life. It ESPN2. A book of 50 general admission others in need. He grew up in a neigh- is also the accomplishment of which I tickets sells for $50. Even box seats for borhood of families similar to his own, am most proud.’’ Sol had reason to the championship games sell for only except that they had come from Ire- take pride in his achievement. The $30. land, and Italy and in an earlier time treaties were brilliantly drafted and The College World Series in Omaha and under different conditions, from negotiated. They put an end to a grow- has become as much of a tradition as Africa. He could see that his parents ing source of friction in U.S. relations baseball itself. Even the name, Omaha, ‘‘most of all loved and trusted this not just with Panama but with all of has become synonymous with cham- country.’’ Latin America, and assured the con- pionship baseball. Instead of referring On the strength of advice from a high tinuing, smooth operation of the Canal. to it as the College World Series or the school teacher and a modest scholar- It was in my capacity as a manager NCAA Division I Baseball Champion- ship, Sol Linowitz went to Hamilton of the floor debate over the Senate’s ship, teams competing to play here all College, where he went on to become advice and consent to the treaties that refer to Regional and Super Regional the Class of 1935 Salutatorian. Advice I worked closely with Sol Linowitz tournaments as the ‘‘Road to Omaha.’’ from a distinguished Hamilton alum- over many months and got to know In the same year that baseball re- nus, Elihu Root, led him to law school; him well. He was an extraordinarily turned to Washington, DC, I am proud when he told Root that he was think- skillful diplomat, an honorable and that the College World Series returns ing of becoming a rabbi or studying dedicated public servant. He was also a to Omaha for its 56th consecutive year law, Root replied: ‘‘Become a lawyer. I person of singular intelligence, integ- with contractual assurances that it have found that a lawyer needs twice rity, and human compassion. It was my will remain here at least through 2010. as much religion as a minister or privilege to consider him a friend. I’d like to extend a warm Nebraska rabbi.’’ Once again, this time at Cor- Sol opened his memoir with the invitation to all of my colleagues and nell Law School, he rose to the top of quotation cited above from Justice Oli- baseball fans everywhere to come to his class, finishing first and serving as ver Wendell Holmes, Jr. In closing, he

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6729 turned to Archibald MacLeish. family. Our condolences are extended to My dad was a great amateur psychologist. MacLeish, he noted, ‘‘once said that brothers David, Robert, and Harry, who re- For example—My sister Jan used to be pain- ’America is promises,’ but these prom- member parents Joseph and Rose, growing fully shy. My dad would talk with her saying ises have not been kept equally to all. up in Trenton, New Jersey, Hamilton College ‘‘A woman visited me in the office today. and Cornell University and so much more She’s concerned about her son Johnnie be- Those of us for whom the most ex- that they shared over these many years. Our cause he’s afraid of meeting people. She travagant promises of this land have condolences are extended to Toni, his wife of doesn’t know what to do. What do you think become a reality are, I think, required 68 years. Theirs was a love affair which I should tell her?’’ Jan would confer with dad to seek appropriate expressions of their began when she was in college and he was in and come up with a way to tackle Johnnie’s gratitude.’’ Sol Linowitz never ceased law school. She remembers wearing a green shyness and of course her own. It was a very to find opportunities to express his dress and that she signed up for archery so effective tactic. gratitude. Again and again over the that she could meet him on the path when he My dad the amateur psychologist even de- came out of law school and would see her. vised behavioral charts. With Jan he devised course of his long and productive life, Our condolences are extended to daughters, he found innumerable ways to make a chart where she would get a star each day to Anne, June, Jan, and Roni as well as their she shook somebody’s hand and if she did our Nation a better place for all its spouses who have always been close and sup- that for 2 weeks she’d get a treat. portive as well as supported by his love. And people. No big surprise! My sister Jan has grown of course to eight grandchildren, Judy, At a memorial service at Adas Israel up to be a psychologist! David, another David, Michael, Steven, Congregation on March 29, 2005, Sol My parents wanted us to know the value of Linowitz was remembered in a series of Danny, Jessie and Sandy, who were the divi- dends of his life. He shared their trials, chal- money. We got what we needed but not nec- moving tributes from members of his lenges and successes. The family was of crit- essarily what we wanted. We were given al- family, friends and colleagues. Every ical importance to him no matter what was lowances (small ones, I might note) that tribute reminded us yet again how going on. You said that after dealing with were defendant on our performing certain deeply the loss of Sol Linowitz is felt. family he was ready to deal with anything chores. Unfortunately my parents would also He was ‘‘a man comfortable with him- and it made him a great negotiator. And so dock us if we didn’t do certain things or if we self, and thus everyone was com- there is a great deal of pride, pleasure and misbehaved and I was the kind of kid who at the end of the week often ended up with fortable with him,’’ said Jim Lehrer. strength that you shared as you gave each other mutual support. nothing. At holidays, or our birthdays, our ‘‘He asked questions and then he lis- Long after the violin is set aside the music gifts weren’t extravagant. We got socks and tened to the answers.’’ Bernard Kalb plays on. And so it is with a human life. Sol underwear wrapped as presents for Cha- observed, ‘‘Sol Linowitz may have been (who played the violin) is gone, but the nukah. We got other gifts too but at least the president of Xerox but no one has music of his life will remain with us forever. some of our presents were things we needed yet succeeded in making a copy of Servant of God well done; and should have been grateful to receive. Be- Sol.’’ Mr. President, I ask that the Rest thy loved employ cause my dad didn’t want us to take things for granted. He wanted us to know how for- service be printed in the RECORD. The battle fought, the victory won The service follows. Enter the martyrs’ joy. tunate we were. We had food on the table and clothes on our backs and a place to sleep and There being no objection, the mate- The pain of death is past, Labor and sorrow cease, he knew and wanted us to know that most of rial was ordered to be printed in the Life’s long warfare closed at last, the children in the world weren’t as fortu- RECORD, as follows: May thy soul now rest in peace. nate. MEMORIAL SERVICE We talked about current events at the din- RABBI JEFFREY A. WOHLBERG May the memory and name of Sol Linowitz ner table. My dad made it a priority to be bring comfort to all who hold it dear. We begin with a poem: with us at dinner time. He was a busy man JUNE LINOWITZ but he had time for his family. We’d talk To the living, death is a wound, about the events of the day, not just what It’s name is grief, it’s companion loneliness. Hello and we1come. On behalf of my family I want to thank everyone for being here. It happened with us kids at school, but what But death belongs to life dad had experienced and what had happened As night belongs to day means a lot to us. My name is June Linowitz and it is my in the world. And my dad would be inter- As shadow belongs to substance honor to speak on behalf of my sisters— ested in our opinions. He’d question our As the fallen leaf belongs to the tree, Anne, Jan and Ronni. What I’m going to say views and so taught us how to think. So does death belong to life. is the result of the conversations with my He wanted us to think for ourselves and be Death is normal and natural, it is part of sisters. I assume that other speakers this independent. And of course he paid for that. reality—we know that. And yet, when it afternoon will discuss my dad as diplomat, When we got older, and we realized what a comes, when it touches someone close to us, humanitarian, businessman and sage. I just big shadow he cast, we fiercely stated our when it takes someone, that is beloved we want to talk about Sol Linowitz—our dad. independence. When we started looking for are somehow not ready and unprepared no Implied in this discussion is, of course, our jobs—we wouldn’t use his contacts. When we matter what we know, no matter what we mother Toni Linowitz. My parents were mar- had problems—we wouldn’t take his advice. think we know and no matter what the age ried for 65 years and had a remarkable mar- We didn’t really want to be seen with him. of the person who is gone. This is the dif- riage. My parents respected each other, sup- We wanted to be successful and respected on ference between intellect and emotion. ported each other, encouraged each other, our own terms and to my dad’s credit, he re- So we gather to mourn and to eulogize and adored each other and truly shared their spected us for that. We made him kind of to share memories, vignettes and strength as lives. As far as we kids were concerned they crazy, but he was proud of us. we come together for Sol Linowitz. There is presented a united front. So often when I And as we’ve made our way in the world, a void in your lives, an unfillable hole for talk about my dad, I’m talking about my Anne is a social worker, Jan is a psycholo- which we feel unprepared. mom too. gist, and Ronni and I are artists, he became We have all lost someone precious, a man I can’t talk about Dad without mentioning our biggest fan. He was our good friend and who was extraordinary, quite unique and his sense of humor. A lot of you know he had wise counsel. No matter what was going on very special. Your loss is shared by many of a story for every occasion but what we kids in his life, no matter how busy he might be, us outside the family, not merely because we remember is was how funny he could be. My our dad was always available if we needed knew Sol or because he had done something dad loved to laugh and to make other people him. He would listen to us and we listened to for us, but because of what he’s done for all laugh. He felt that one of the best ways to including many who never knew him, and relate to a person was through laughter and him too. yet who are in his debt. Outside the family he was very good at making that happen. We would discuss our careers, our mar- he was known, admired and respected by My sisters and I remember a routine from riages, our families and our lives. We would world leaders, by people of prominence, by when we were little and he’d put us to bed. talk about the nature of death and the pur- people of stature. He was a quintessential at- He’d tuck us in, say ‘‘goodnight’’ turn off the pose of life. We would discuss the state of the torney, an accomplished businessman, an ef- light and—walk into the closet. He’d come world and the current conflicts. And, as fective diplomat, a trusted counsel to presi- out of the closet saying ‘‘oh, oh, sorry’’ and many of you know, my dad’s outlook would dents and prime ministers, as well as to rab- bump into a wall. Flustered he’d walk into always be hopeful. He would acknowledge bis and the public in general. He served as another wall. Then he’d say ‘‘ok now, the difficulty of the situation but he’d be- Chairman of the Board of the Jewish Theo- enough. I’m leaving now’’ and (walk down lieve in man’s capacity to prevail. He looked logical Seminary and that of course brings imaginary stairs). We’d howl with laughter! for the best in people and so he would bring him added distinction. My dad was our favorite playmate! And a out the best in people. He was both a realist But beyond all his successes—as an attor- routine like that was psychologically pretty and an optimist. He was quite simply an ex- ney at Xerox, in service to our government, savvy for small kids because we knew no ceptional human being. on boards and boards at universities—and monsters were hiding anywhere. He’d been My dad used to say that he felt closer to other accomplishments, it all comes down to everywhere trying to get out of the room! his own parents after they died. My sisters

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6730 CONGRESSIONAL RECORD — SENATE June 16, 2005 and I are hoping and praying that we’ll find But I honestly don’t know if the treaties One time in the 1960s, when he was ambas- that true too. Because we miss our dad a lot. I’m helping to implement will be here in 50, sador to the Organization of American or 100 years. States, he went on a particularly grueling RONNI LINOWITZ JOLLES I don’t know if the peace that I’ve worked trip through Central and South America ac- I am honored to be here today, as one of towards will last. companied by Lincoln Gordon, who had Sol Linowitz’s daughters, to speak about our I don’t know if the organizations that I’m served as ambassador to Brazil and was as- father. My sister June spoke so well about working with will still be here years from sistant secretary of state for inter-American the wonderful father he was to the four of us. now. affairs, and was not far off from becoming I think you know of some of his tremendous No one can know that. So I also worry if the ninth president of Johns Hopkins Univer- accomplishments that truly made the world I’m really doing enough in this world. sity. They were making arrangements for a a better place. I want to share with you a Then he stopped and just looked at me and summit meeting that President Lyndon conversation that I had with him that will said, ‘‘So I’m going to tell you about some- Johnson was planning to attend, so the hours give you a different perspective about the thing that I do that has helped me. ‘‘Every were very long, the work was hard, and it in- kind of person he was. day I try to do things. Sometimes I’m not volved traveling to many different countries I called him one Sunday morning—about 15 able to do it, but I always try. 2 things.’’ in a very short period of time. years ago, although I remember it clearly— I may know of someone who is ill, so I’ll When they finally arrived back in the and asked him if I could come talk to him send some flowers and write a note. United States, they landed in San Antonio Or I may know someone who has just lost about something that was bothering me. late in the evening, and were scheduled to re- a loved one, so I’ll write something meaning- Without hesitation, he instantly said, ‘‘Yes, port to President Johnson at his ranch the ful and look for a quote that I may have that of course. Your mother and I will be here all next morning. But at 11:30 at night the phone may bring them some comfort. afternoon so come on over.’’ He had a certain rang, and it was the President, who said, ‘I It could be that I just went to a concert, excitement in his voice; he loved to talk want you out here tonight.’ So Sol got out of saw a play, or an art exhibit and I was about things that were deep, or meaningful, bed, woke up Lincoln Gordon, and they got touched by it and I wanted to write some- and he loved to help you to work through a on a helicopter and flew out to the LBJ thing and say thank you. problem and find solutions. ranch in the middle of the night. As he was talking, I drifted off and thought I came over that afternoon and went up to When they landed there was a station about all of the notes I had received from my the den. I talked to both mom and dad for a wagon waiting for them with a driver in the dad over the years—the notes telling me how while, and then my dad and I went to talk. front seat. The helicopter people loaded the great he thought I was in that play or how When I came into the study, I could see that bags in the back of the station wagon, and much he enjoyed having me at that Passover my dad had set things up for our talk; he had then Sol and Lincoln Gordon climbed into seder or how he always sent me flowers on cleared off his desk, except for a big yellow the back seat. And the driver of the station my birthday with the most loving of cards. I legal pad and a pen. He was prepared to do wagon said, ‘Welcome back home, Sol’ and wonder how many of you have received a what he did better than anyone I have ever turned around and it was the President of note or two from my father. the United States. With not a secret service known; to listen. And I was lucky enough to He then continued, ‘‘I try to do two things be listened to by the wisest person I will ever agent anywhere in sight. like that every day—2 things that are reach- When Sol told that story, he said, you know in my life. ing out to someone who I can either appre- know, ‘I’ve worked with several presidents. So, I began to talk: I went over the most ciate or help or comfort or just say I love and there aren’t many who would drive out important things in my life, because I knew you to. Those things I try to do every day in the middle of the night and pick someone that those things all would have an impact give me a feeling that I’m making a dif- up.’ on what was bothering me; I talked about ference in the world and I find them very ful- Which is a story that says more, perhaps, my marriage, my kids, my job, my syna- filling—perhaps more fulfilling than any of about Sol Linowitz, than about Lyndon gogue, my close friends. I talked about the the other things that I’m doing on a much Johnson. balance I was seeking to find as I lived my grander scale. When someone of Ambassador Linowitz’s life. Today, as I look at the people who are stature and renown dies, the articles in the Then I got to the issue at hand: ‘‘Dad, ‘‘ I here—some of you may be here because you New York Times and the Washington Post said, ‘‘. . . I’ve been really struggling with respect my father and admire his many pub- have a favorite epithet they like to use: he this: I hope you don’t think this is silly, but lic accomplishments—but I’ll bet that most or she was ‘an advisor to presidents.’ This . . . I don’t think I’m making a difference in of you are here because you loved him. signifies that these people were not only the world. I just don’t feel like I’m doing Maybe he touched you in a very personal and powerful, but also sagacious. That they had enough. meaningful way that made you so appreciate wisdom to share. If I weren’t here tomorrow, have I left a him. Maybe you were a part of his ‘‘2 This was doubly true of Sol Linowitz, who mark? things.’’ shared his insights not only with United Have I made the world a better place? That is what I think made our Dad, Sol States presidents, but also, for many, many I don’t think I’m doing as much as I can to Linowitz, the truly amazing man that he years with the presidents of a select and make a difference. was. lucky few colleges and universities. I count He looked at me and started with what I And as we all think about his life and as we myself as extremely fortunate to have been knew he would say first. ‘‘Being a mother is try to think about ways we can remember among that group, as were presidents Dan one of the most important jobs you’ll ever him, it may be that some of us might try to Nathans, Bill Richardson and Steven Muller have. . . . your teaching is such a gift.’’ We do 2 things every day—2 things for people we before me at Johns Hopkins, and the presi- went back and forth about a few things, but know in your own lives that might make dents at Cornell University, Hamilton Col- it just wasn’t feeling right. them feel comforted or loved or appreciated, lege, the University or Rochester and the ‘‘You know, Dad, this may just be due to and we can think about Sol Linowitz every Eastman School of Music, where he also having someone as amazing as you as a fa- time we do that. And truly, I can’t think of serve as a trustee and advisor. ther. I mean our dinner conversations were a anything that would make him happier than We were fortunate in one respect because little unusual . . . I grew up hearing about knowing that the people he touched through- of Sol’s often shrewd analysis and pene- world peace, solving world hunger, starting out his life are remembering him by doing trating insights. When Bill Clinton awarded new companies, building new organizations! kind things for others. Ambassador Linowitz the Presidential Medal ‘‘Maybe I just have to come to terms with We have all been blessed by knowing Sol of Freedom in 1998, he said ‘‘Receiving advice the fact that I’m not you, and I am not going Linowitz. from Sol Linowitz . . . is like getting trum- to be able to be do the kinds of things that pet lessons from the angel Gabriel.’’ And he you did and are still doing. Maybe you can WILLIAM BRODY was right. just help me reach a peace about it so it Sol was the quintessential Renaissance Some years back. John Updike wrote a won’t bother me anymore.’’ man: distinguished lawyer, businessman and short poem, titled ‘‘Perfection Wasted.’’ He just looked at me for a few minutes, statesman, part-Rabbi, part-psychiatrist. Sol which begins with these words: and finally said, ‘‘OK. I want to talk to you was an accomplished violinist. But above all, about, something. I know exactly what And another regrettable thing about death he was a true scholar. His passion for learn- you’re feeling.’’ is the ceasing of your own brand of magic, ing enhanced the depth of his wisdom, com- He went on—‘‘You know, you think I’m which took a whole life to develop and mar- passion and insight into people’s behavior. such an important person. I know that you ket— And to this day, I have never met anyone think I’m doing all of these important Ambassador Linowitz’s life was so long, other than Sol who had given a college things, and sometimes maybe I am, but I and so varied, and so full of marvelous ad- salutarian address at commencement in also wonder if I’m making a difference.’’ ventures, that his own brand of magic was, Latin. He went on, ‘‘The truth is; I don’t know if as a result, inexpressibly unique. Sol Linowitz truly admired and valued what I’m doing is making a difference. I hope Of course, there were many stories. Who higher education. He was a champion of I’m making a difference, and some days, could live through such times, and fre- America’s colleges and universities. He be- after something very positive has happened, quently be at the center of things, and not lieved that what we do is not only impor- I do feel like I’m really making a difference. have stories to tell? tant, but it also serves a higher cause. Later

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6731 in his life he would say that when he en- Betrayed Profession, his cry of anguish at and if he couldn’t do it himself, he tried to rolled in Cornell Law School during the the dessication and corruption of lawyering. enlist others who might be of help. I know— Great Depression, he went there ‘‘burning I told him I would help on this book only on I received a number of those calls to be of as- with a desire to do good.’’ Colleges and uni- his promise that when the book was pub- sistance. versities, he believed, could be instruments lished there would be people at the 1925 F He had an unparalleled sense of humor, and of social justice. They could be bastions not Street Club who would no longer smile at his story-telling and quips were memorable. only of learning, but also of the will to do him when he walked through the door. In- He was much sought after as a speaker. that which is needful and right. stead, they had to tear down the F Street Many of you are aware that our family is Many years back, long before the cost and Club. very close. We are each available and respon- expense of a college education had become a Especially when dealing with questions of sive when any one of us needs help or guid- national obsession, Sol wrote an article ti- urban blight, social justice, hunger and the ance—and that includes not only the broth- tled ‘A Liberal Arts College is Not a Rail- obligations of successful businesses, which ers, Sol, Dave and Harry, and our wives, Toni, Dorothy, Ada, and Judy, but also all road’ in which he very eloquently defended he did from leadership positions, Sol could the sons and daughters, and nieces and neph- the utility and need for a liberal education, slip into the trite and true, but he had a gift ews—quite a tribe, I might add. Sol was par- even as it became more and more costly. At of expression and an occasionally puckish ir- ticularly nurturing of this relationship and one point in the article he wrote the fol- reverence. My favorite Linowitz line was his continually showed it. lowing: ‘A college may offer a course in Per- last laugh at Arthur D. Little, which had Sol and I, however, had a special relation- sian history, for example, which only five saved Xerox from the bear-hug of IBM by ship. We would meet once or twice each week students will attend during a particular telling IBM that there wasn’t going to be for lunch at the Hay Adams or the Cosmos term. Should we abolish the course? Or any mass demand for copying machines. In Club, and solve all the problems of the city, should we hope that the few students who do the Xerox case, Sol said, ‘‘invention was the the Nation, and the world. Unfortunately, learn something of Persian history will mother of necessity.’’ those solutions rarely got any farther than thereby become uniquely qualified to per- Having pulled off the near miracle of nego- our table. form some important service for which this tiating the Panama Canal Treaty and selling For more than 40 years, Toni and Sol, and particular aspect of their education has espe- it to the Senate, Sol was lured by Jimmy Ada and I would vacation together, generally cially fitted them?’ Carter after the first Camp David accord to twice a year. There he was; years and years ago, saying take charge of closing the deal with Anwar I remember every so often when things got that it may not appear needful, but that Sadat and Menachim Begin. He hung on his a little boring, we would be. sitting at a someday we may want to have some people wall at the State Department Casey table or in a room with a number of people around who knew the history and culture of Stengel’s comment on the Mets, ‘‘They say around, none of whom obviously knew us, Persia—modern day Iran. How prescient that you can’t do it, but sometimes that doesn’t and Sol and I would start talking to each was. How thoughtful. And how like Sol always work.’’ Arafat, as people forget, was other loudly in a made-up language. We Linowitz. not then in the picture. In late 1980—and, in- would talk with great animation and convic- Which is why today, though we have come deed, the last time we talked about it, only tion for about 15–20 minutes. You could see to celebrate a life lived greatly, yet we can- a couple of years ago—Sol thought he was people looking at us oddly, trying to under- not help but feel saddened that one like this close to a deal that Begin and Sadat could stand who we were and what we were saying. has passed from our midst. Sol’s brand of sign, including his invention of a ‘‘religious Meanwhile, our wives were trying to dis- magic cannot be replaced. And John Updike, sovereignty’’ that would allow Muslims to tance themselves from us as much as pos- ending his poem, says it all: place a Muslim flag, not a national flag, over sible. the Muslim holy places on Israeli soil When we travelled together, it was our reg- The jokes over the phone. ular practice to exercise in the morning. I re- (‘‘What does ‘religious sovereignty’ mean?’’ The memories packed in the rapid-access member once on a cruise, Sol was taking his Begin asked, and Sol replied, ‘‘Exactly’’)— file. exercise walk around the deck, while I was in but Ronald Reagan and Alexander Haig The whole act. the fitness center on the treadmill. Later thought it best to let the Middle East stew Who will do it again? That’s it: no one; imi- over breakfast, Sol told me he looked in the tators and descendants aren’t the in its own bloody juice; and Sol, still a young window of the fitness center and was amazed same. man at 67, went back to the practice of law that there were six men all walking at the and the chairing of civic organizations. same intensely vigorous pace as I. He mar- MARTIN MAYER One thought he would always be around, to veled even more that they all had the same I am grateful to Robert Linowes for this call and ask how a book was coming or to shiny bald spot on the backs of their heads. opportunity to give public thanks for forty tell me what great things he’d heard my wife I told him that was impossible—there was years of friendship with his brother Sol. was doing as the American executive direc- nobody else in there. He was adamant and When I met Sol he was the non-executive tor of the IMF, to which she had been ap- demanded that we go up to the fitness center chairman of the board of Xerox and the sen- pointed in part because he had lobbied Lloyd to see. We made our usual bet of $100,000. As ior partner in a Rochester law firm built sig- Bentsen on her behalf. ‘‘You know,’’ he’d it turned out, Sol had observed me reflected nificantly but by no means entirely on work say, ‘‘people talk to me.’’ And so they did: six times in the fitness center mirrors. He for Xerox. Bobby Kennedy and James Per- this city is full of people whose balance was used some convoluted logic to avoid paying kins, president of Cornell, had suggested to restored by talking with Sol. His lesson was the debt. The New York Times that Sol would be a that straightforwardness can get you there. We used to kid and get kidded often about good candidate for the Democrats to run Of course nobody is always around, and Sol the change of names. I claimed he changed against Nelson Rockefeller for Governor of wouldn’t have wanted to be forever. Not fair; his name and he would point to me and re- New York in 1966, and Sol had not yet de- you have to get out of the way and make spond—How could anyone blame him with a clined the invitation. So the Times asked me room for the next crowd. But there won’t be brother like me. I recall a dinner at which I to write a profile of this unknown fellow in a Sol Linowitz in the next crowd; there was was being honored by The National Con- ference of Christians and Jews. Sol had been Rochester who had so brilliantly used the only one of those. similarly honored some years previously, patent laws and the anti-trust laws to give and he was asked to make the presentation. his friend Joe Wilson’s little company so R. ROBERT LINOWES He noted in his introduction that he was not large a lead worldwide in the burgeoning We are here today to say good-bye and pay sure whether or not this was the first time tribute to a great human being—Sol Myron business of copying. But Sol did not define two brothers had received this honor, but he Linowitz. himself as a businessman. He was first of all was certain that it was the first time that an attorney, and as such, like Brandeis, he As most of you know, Sol was my brother. two brothers with different last names had was always a professional who had clients, He was also my closest friend and confidant. received this award. never just somebody’s lawyer. I admired Sol for many reasons. He lived an Sol and I would talk on the phone fre- Joe Wilson wanted Sol at his side as Lyn- exemplary and productive life. Much has jus- quently. It was one of the highlights of the don Johnson and Jimmy Carter, various sec- tifiably been said and written about his re- day. We would often call to tell each other a retaries of state and the clients of Coudert markable, history-making achievements. story, or just talk, and often we would break wanted him in later years, because his judg- I’d like to just take a few minutes to talk out in uncontrollable laughter, and not be ment was always intelligent, widely focused, about him—as a person, as a brother, and as able to continue the conversation. People uncontaminated by self-interest, and respon- a man. who would walk by my office thought I need- sive to the problem. And generous. Sol was a Sol sincerely cared about people and want- ed an ambulance—or a strait jacket. great man, but also—it is not a common ed to do whatever he could to help. His com- Let me just mention one other part of combination—a good guy. He was always passion, his thoughtfulness and his humility Sol’s life that is not generally known. We do looking for nice things to say about some- will be well-remembered by many. His advice know that Sol played the violin and played one, and even when he couldn’t find any— and counsel were constantly sought by peo- it well, but what many of you do not know which happened—he remained reluctant to ple from all walks of life, and he gave freely is that during summer vacations when he speak ill of anyone. of his time and efforts. He listened when peo- was attending Hamilton College, Sol orga- I worked with him on his memoirs and ple spoke to him, and he paid attention. He nized, led, and played in a band in one of the again only a dozen years ago on his book The tried to help everyone who called upon him, small hotels located at a New Jersey beach.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6732 CONGRESSIONAL RECORD — SENATE June 16, 2005 The name of that outstanding entertainment contracting HIV have become far too MESSAGES FROM THE HOUSE enterprise was Chick Lynn and his Chicka- complacent in their behavior, particu- dees. Sol never included that in his bio. larly as it relates to the practice of Sol and Toni were married 67 years and it safe sex. Nevertheless, there is much ENROLLED BILL SIGNED remained a love story from start to finish. Toni committed and dedicated herself com- the Federal government can do to help At 12:22 p.m., a message from the pletely to him, and Sol to her. Toni rarely stem the spread of HIV. House of Representatives, delivered by left his side the last year of his life while he One way to reduce the number of new Ms. Niland, one of its reading clerks, was in failing health. HIV cases is to ensure that those in- announced that the Speaker of the Sol loved his four daughters and their hus- fected with HIV have access to treat- House of Representatives has signed bands. He regarded them not as sons-in-law, ment. Such treatments not only pre- the following enrolled bill: but rather as sons. His grandchildren were vent individuals from developing full- S. 643. An act to amend the Agricultural the light of his life. He suffered terribly at blown AIDS, but also significantly the tragedy endured by Judy. Credit Act of 1987 to reauthorize State medi- Many people strive to leave this world a lower the risk of transmitting the dis- ation programs. better place than when they entered it. Sol ease to others. Unfortunately, the cost The enrolled bill was signed subse- was one of the few who actually did. For of these treatments is prohibitive, es- quently by the President pro tempore this, we all owe him a debt of gratitude. pecially for those who are uninsured or (Mr. STEVENS). All of us have been most fortunate to have underinsured. For this reason, it is had the opportunity to know Sol and to love critical that Congress reauthorize and At 6:23 p.m., a message from the him. All of us have benefited from that rela- bolster the Ryan White Care Act this House of Representatives, delivered by tionship. All of us will sorely miss him. The year. Among other things, the act in- world has lost a great man, and I have lost Ms. Niland, one of its reading clerks, my best friend. cludes the vitally important AIDS announced that the House has passed Drug Assistance Program, ADAP, the following bill, in which it requests Closing Prayer which helps low-income and uninsured the concurrence of the Senate: Rabbi Wohlberg and Hazzan Tenna Green- HIV/AIDS patients afford their costly H.R. 2862. An act making appropriations berg drug treatments. An estimated 150,000 for Science, the Departments of State, Jus- Exalted, compassionate God, people—30 percent of all Americans re- tice, and Commerce, and related agencies for Grant infinite rest, in your sheltering Pres- ceiving treatment for HIV currently re- the fiscal year ending September 30, 2006, and ence, ceive their care through ADAP. Even for other purposes. Among the holy and the pure, To the soul of Sol Linowitz with this program, however, States and f local communities are overwhelmed. Who has gone to his eternal home. MEASURES REFERRED Merciful One, we ask that our loved one find That is why I am requesting that Con- perfect peace in Your eternal embrace. gress provide an additional $300 million The following bills were read the first May his soul be bound up in the bond of life. for ADAP for the 2006 fiscal year. and the second times by unanimous May he rest in peace. As successful as ADAP has been, crit- consent, and referred as indicated: And let us say: Amen.∑ ical gaps in our approach to HIV treat- H.R. 1042. An act to amend the Federal f ment and prevention remain. For ex- Credit Union Act to clarify the definition of AIDS ample, HIV positive individuals have net worth under certain circumstances for access to treatment under Medicaid purposes of the prompt corrective action au- ∑ Mr. SMITH. Mr. President, I discuss only after they have developed full- thority of the National Credit Union Admin- the recent announcement by the Cen- istration Board, and for other purposes; to blown AIDS. To remedy this flaw, I in- ters for Disease Control and Prevention the Committee on Banking, Housing, and troduced the Early Treatment for HIV that the number of Americans living Urban Affairs. Act, ETHA, S. 311, with Senator HIL- with HIV has now surpassed 1 million. H.R. 2862. An act making appropria- LARY CLINTON. By providing access to An estimated 1.039 million to 1.185 mil- tions for Science, the Departments of HIV therapies before such persons de- lion people nationwide were HIV-posi- State, Justice, and Commerce, and re- velop AIDS, ETHA would reduce over- tive as of December 2003, an increase lated agencies for the fiscal year end- all Medicaid costs and, as important, over the estimated 850,000 to 950,000 ing September 30, 2006, and for other reduce the likelihood of additional in- cases at the end of 2002. While the num- purposes; to the Committee on Appro- fection. ber of persons with HIV in my state of priations. By reducing the amount of virus in Oregon is small relative to other the bloodstream, early access to HIV f states, Oregon still saw an 85 percent therapies is a key factor in helping increase in the number of cases be- PETITIONS AND MEMORIALS curb infectiousness and reducing HIV tween 2002 and 2003. Not since the The following petitions and memo- transmission. Strengthening ADAP height of the AIDS epidemic in the rials were laid before the Senate and and enacting ETHA will help put us on 1980s has there been so many Ameri- were referred or ordered to lie on the the right track to providing both ade- cans living with this terrible disease. table as indicated: quate treatment for those with HIV, as The latest estimate reveals both our well as reducing the number of new POM–87 A joint memorial adopted by the success and failure at combating this Legislature of the State of Washington rel- HIV cases.∑ disease. On a positive note, the in- ative to the importation of Canadian beef crease reflects the significant advances f and the reestablishment of export markets for United States beef; to the Committee on in antiretroviral drug therapy that MESSAGES FROM THE PRESIDENT have allowed persons diagnosed with Agriculture, Nutrition, and Forestry. HIV to live longer, healthier lives. On Messages from the President of the SENATE JOINT MEMORIAL 8010 the other hand it also reflects our United States were communicated to Whereas, On January 4, 2005, the United shortcomings in preventing the spread the Senate by Ms. Evans, one of his States Department of Agriculture proposed a of this disease. Despite the Federal secretaries. rule to reopen on March 7, 2005, the United States border to the importation of Canadian government’s goal to cut in half the f live cattle and processed beef products; and number of new HIV cases each year, EXECUTIVE MESSAGES REFERRED Whereas, On January 11, 2005, Canada an- the figure continues to hold steady at nounced that yet another cow in Alberta about 40,000—the same rate of infection As in executive session the Presiding tested positive for bovine spongiform as in the 1990s. Moreover, some re- Officer laid before the Senate messages encephalopathy (BSE); and searchers believe that the number of from the President of the United Whereas, The United States Department of new infections may actually be as high States submitting sundry nominations Agriculture has dispatched a technical team as 60,000 a year. and a withdrawal which were referred to Canada to investigate the circumstances that resulted in this additional infection in- To be fair, responsibility for reducing to the appropriate committees. cluding effective enforcement by Canada of the spread of HIV does not rest solely (The nominations received today are the 1997 ruminant-to-ruminant feed ban; and with the Federal government. Accord- printed at the end of the Senate pro- Whereas, The only incident in the United ing to the CDC, those at highest risk of ceedings.) States where a cow tested positive with BSE

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6733 was on December 23, 2003, and that animal Whereas, during World War II, more than POM–89. A resolution adopted by the Gen- originated in Canada and unfortunately was forty 3rd Division soldiers received Medals of eral Assembly of the State of Ohio relative shipped into Washington State; and Honor, more than any other Division; how- to the exclusion of the Youngstown Joint Air Whereas, The severe ramifications caused ever, Lieutenant Garlin Murl Conner was not Reserve Station in Vienna Township, Ohio by this single animal was the closure by awarded the Medal of Honor due to an over- from the list of base closures for the Base many foreign markets to beef produced with- sight and a failure to process the paperwork; Realignment and Closure process; to the in the United States; and and Committee on Armed Services. Whereas, Although progress has been made Whereas, Lieutenant Conner served in the (SENATE CONCURRENT RESOLUTION NUMBER in reestablishing trust with our Asian trad- 3rd Infantry Division with Audie L. Murphy, 13) ing partners, many of these bans to the im- America’s most decorated war hero; com- Whereas, the Youngstown Joint Air Re- port of beef from the United States continue pared to Audie L. Murphy, Lieutenant serve Station in Vienna Township, Ohio, is in effect thirteen months after this single in- Conner was awarded more Silver Stars for the home of the 910th Airlift Wing and sup- cident; and acts of valor, fought in more campaigns, ports national objectives by providing mis- Whereas, Even though the United States served on the front lines for a longer period sion-ready C–130 airlift forces, state-of-the- has commenced a major BSE testing pro- of time, and was wounded more times. Lieu- art C–130 aerial spray capability, and a pre- gram and no cattle indigenous to the United tenant Conner was awarded many honors, in- mier air reserve station with modern facili- States have been detected to have BSE, once cluding the Distinguished Service Cross, the ties as a part of its mission. The Station also these foreign markets are closed, they have Silver Star with three Oak Leaf Clusters, the hosts a Navy-Marine Corps Reserve Center; remained closed for prolonged periods of Bronze Star, the Purple Heart with six Oak and time; and Leaf Clusters, and other medals; and Whereas, In addition to its mission, 910th WHEREAS, Consumers in the United Whereas, on June 20, 1945, Lieutenant Airlift Wing participates in a variety of com- States continue to have confidence in beef Conner was awarded the Croix de Guerre, the munity events, including the unit’s ‘‘Pilot produced in the United States and maintain- French Medal of Honor, which was also for a Day’’ program; and ing the safety of food supplies is the para- awarded to Sergeant Alvin C. York, Amer- Whereas, Congress authorized a new round mount concern to state and federal govern- ica’s most decorated World War I soldier. of the Base Realignment and Closure process mental officials; and Lieutenant Conner and Sergeant York were (BRAC) to occur this year, which has the po- Whereas, Reestablishing trust with our friends who lived only a few miles apart on tential to affect the Youngstown Air Reserve trading partners and reopening export mar- the Kentucky-Tennessee border; and Station and the surrounding communities kets is of paramount importance to the Whereas, Stephen Ambrose, America’s that support the station; and American beef industry; and foremost World War II historian, founder of Whereas, The Youngstown Joint Air Re- Whereas, On February 25, 2005, the United the D-Day Museum in New Orleans, Lou- serve Station is a key component of the com- States Department of Agriculture announced isiana, and author of many books, wrote on munity, having approximately 1,300 drilling the results of the ‘‘science-based’’ decision to November 11, 2000, ‘‘I am in complete support members in the 910th Airlift Wing and adopt the rule to lift the ban on importation of the effort to make Lieutenant Garlin M. hosting approximately 400 Naval and Marine of Canadian beef, for which a temporary in- Conner a Medal of Honor recipient. What he Corps Reservists: Now, therefore, be it junction was immediately issued against the did in stopping the German assault near Resolved, That the 126th General Assembly United States Department of Agriculture de- Houssen, France, in January, 1945, was far of the State of Ohio supports the Youngs- cision by a federal district court on February above the call of duty. I’ve met and talked at town Joint Air Reserve Station and firmly 28, 2005, and for which the United States Sen- length with many Medal of Honor recipients believes that the Station should not be in- ate approved on March 3, 2005, Senate Joint and am sure they would all agree that Lieu- cluded in the Defense Base Closure and Re- Resolution 4 to nullify the United States De- tenant Conner more than deserves the honor alignment Commission’s list of proposed in- partment of Agriculture rule: Now, There- of joining them’’; and stallations to be closed, as it is a valuable fore, Your Memorialists respectfully pray Whereas, on April 3, 2001, the 3rd Infantry asset to the state of Ohio and the defense of that the United States Department of Agri- Division leaders named the new EAGLE our nation, and memorializes Congress to culture: (1) Reaffirm to the Congress and the BASE in Bosnia-Herzegovina after Lieuten- take appropriate action so that this station is not included in the Commission’s closure courts that the rule to lift the limited ban ant Conner because of his gallantry in World list; and be it further on importation of Canadian beef is based on War II and because ‘‘It’s a company-grade forward operating base named after a soldier Resolved, That the Clerk of the Senate sound scientific proof that consumer safety transmit duly authenticated copies of this and animal health in the United States will with a company-grade rank’’; and Whereas, Richard Chilton, a former Green resolution to the President of the United be maintained; and (2) redouble its efforts to Beret from Genoa City, Wisconsin, has been States, the Secretary of Defense of the swiftly and successfully conclude negotia- on a mission since 1996 to have the Medal of United States, the members of the Ohio Con- tions with our trading partners to reestab- Honor awarded to Lieutenant Conner; his re- gressional delegation, the Speaker and Clerk lish critical export markets for United search has documented that Lieutenant of the United States House of Representa- States beef based on the same sound science, Conner is one of the great combat heroes of tives, the President Pro Tempore and the be it Secretary of the United States Senate, and Resolved, That copies of this Memorial be World War II, equal in every way to Audie Murphy; and the news media of Ohio. immediately transmitted to the Honorable Whereas, Mr. Chilton has made presen- George W. Bush, President of the United tations to dozens of schools about Lieuten- POM–90. A resolution adopted by the Gen- States, the Secretary of the United States ant Conner’s war record and has copies of eral Assembly of the State of Ohio relative Department of Agriculture, Mike Johanns, over 2,500 letters written by students to to the exclusion of the Wright-Patterson Air the President of the United States Senate, President George W. Bush requesting the Force Base from the list of base closures for the Speaker of the House of Representatives, Medal of Honor be awarded to Lieutenant the Base Realignment and Closure process; and each member of Congress from the State Conner; after reviewing Mr. Chilton’s infor- to the Committee on Armed Services. of Washington. mation, a host of war veterans have written (SENATE CONCURRENT RESOLUTION NUMBER Congress requesting passage of legislation to 11) POM–88. A joint resolution adopted by the award the Medal of Honor to one of Amer- General Assembly of the State of Tennessee Whereas, Wright-Patterson Air Force Base ica’s greatest Citizen Soldiers, Lieutenant relative to the awarding of the Congressional is one of the largest and most complex air Garlin Murl Conner: Now, therefore, be it force bases in the United States and has a Medal of Honor; to the Committee on Armed Resolved by the House of Representatives of Services. wide range of missions, including handling the One Hundred Fourth General Assembly many diverse defense-related activities and HOUSE JOINT RESOLUTION 146 of the State of Tennessee, the Senate Con- developing the weapons systems of the fu- Whereas, First Lieutenant Garlin Murl curring, That this Body urges the United ture; and Conner was a native of Clinton County, Ken- States Congress to enact legislation author- Whereas, Wright-Patterson Air Force Base tucky, who served with distinction and valor izing the President to posthumously award a is the birthplace of aeroscience and is a lead- in the United States Army during World War Medal of Honor to First Lieutenant Garlin er in aerospace research for the Air Force, as II; and Murl Conner, United States Army, be it fur- the base includes the Air Force Research Whereas, Kentucky Congressman Ed Whit- ther Laboratory, the foremost aeronautical and field has introduced H.R. 605 in the 109th Resolved, That enrolled copies of this reso- aerospace research organization in the Air Congress to authorize the President to award lution be delivered to: Congressman Duncan Force; and a Medal of Honor posthumously to First Hunter, Chairman of the House Armed Serv- Whereas, Thousands of students train each Lieutenant Garlin Murl Conner; and ices Committee; the Speaker and the Clerk year at the Air Force Institute of Tech- Whereas, Lieutenant Garlin Murl Conner is of the House of Representatives of the nology and millions of people visit the Air Kentucky’s most decorated war hero, who United States; the President and the Sec- Force Museum, both of which are located at served on the front lines for more than eight retary of the Senate of the United States; the base, and both aid in the economy of the hundred days in eight major campaigns; he each member of the Tennessee Congressional region; and was wounded seven times, but returned to Delegation; and the widow of First Lieuten- Whereas, Wright-Patterson Air Force Base combat and continued to fight on the front ant Garlin Murl Conner, Mrs. Pauline W. is the fifth largest employer in Ohio, em- lines after each incidence; and Conner. ploying approximately 22,000 people, and the

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6734 CONGRESSIONAL RECORD — SENATE June 16, 2005 closure of this base would have a devastating (CANG) 144th Fighter Wing, Fresno, have Resolved by the Senate and Assembly of the economic impact in the local community proposed the establishment of a new Military State of California, jointly, That the Legisla- and the state; and Operations Area. (MOA) over NAS Lemoore ture of the State of California urges the Whereas, Congress authorized a new round to satisfy many critical national defense President and the Congress of the United of the Base Realignment and Closure process training requirements, the Lemoore MOA States to support the establishment of the (BRAC) to occur this year, which has the po- Initiative; and Lemoore Military Operations Area, for joint tential to affect Wright-Patterson Air Force Whereas, The current price of military air- use by military aircraft from both the Naval Base and the surrounding communities that craft training in the existing training envi- Air Station Lemoore and the California Air support the base; now therefore be it ronment is substantial. The cost per flight National Guard, Fresno; and be it further Resolved, That the 126th General Assembly hour of military aircraft is high. The current Resolved, That the California Legislature of the State of Ohio supports Wright-Patter- need to travel long distances to secure need- requests that the Federal Aviation Adminis- son Air Force Base and firmly believes that ed training requires large amounts of fuel tration approve the creation of the Lemoore the base should not be included in the De- and time to transit to and from the training MOA as quickly as possible and that the fense Base Closure and Realignment Com- location. Current training locations are in- California Congressional delegation pursue mission’s list of proposed bases to be closed, creasingly crowded with other joint users of all efforts to ensure that the Lemoore MOA as it is a valuable asset to the state of Ohio the training airspaces, which interferes with is established; and be it further and the defense of our nation, and memorial- the quality of training and the safety of Resolved, That the Secretary, of the Senate izes Congress to take appropriate action so these training events. The current need of transmit copies of this resolution to the that this base is not included in. the Com- our military personnel to travel within the President and Vice President of the United mission’s closure list; and be it further United States to secure needed training un- States, each Senator and Representative Resolved, That the Clerk of the Senate available in the current training environ- from California in the Congress of the United transmit duly authenticated copies of this ment increases their time away from home, States, the Administrator of the Federal resolution to the President of the United in a time where they are already overtaxed Aviation Administration, the Secretary of States, the Secretary of Defense of the with overseas commitments; and Defense, the Secretary of the Navy, the Sec- United States, the members of the Ohio Con- Whereas, The benefits of training in the retary of the Air Force, and both author for new Lemoore MOA would be substantial be- gressional delegation, the Speaker and Clerk appropriate distribution. cause pilots would train closer to home base of the United States House of Representa- and reduce the costs of longer transits to ex- tives, the President Pro Tempore and the POM–93. A resolution adopted by the House isting training locations. The establishment Secretary of the United States Senate, and of Representatives of the Legislature of the of an additional, new training airspace loca- the news media of Ohio. State of Hawaii relative to Federal Commu- tion would relieve the pressure on the exist- nity Block Grant Funding for fiscal year POM–91. A resolution adopted by the Gen- ing training locations increasing their train- 2006; to the Committee on Banking, Housing, ing quality and safety. Our military per- eral Assembly of the State of Ohio relative and Urban Affairs. sonnel would have reduced requirements to to the funding of the Joint Systems Manu- travel away from home to secure needed HOUSE RESOLUTION facturing Center in Lima, Ohio through the training. It is estimated that up to 30 million Whereas, the federal Community Develop- Base Realignment and Closure process; to taxpayer dollars annually could be saved or ment Block Grant Program (Program) was the Committee on Armed Services. better utilized in training for national de- initiated with the passage of the Housing (SENATE CONCURRENT RESOLUTION NUMBER 7) fense requirements. The increase in military and Community Development Act of 1974, Whereas, The Joint Systems Manufac- service member morale resulting from fewer Public Law 93–383, and is one of the oldest turing Center in Lima, Ohio, formally known training deployments from home would also programs in the Department of Housing and as the Lima Army Tank Plant, produces a be significant; and Urban Development (HUD); and variety of anned combat vehicles and defense Whereas, The existing NAS Lemoore Air Whereas, the Program provides annual systems for the Army, Navy, and Marine Traffic Control (ATC) airspace already exists grants on a formula basis to many different Corps; and and is approximately 30 nautical miles by 70 types of grantees through several programs Whereas, The Joint Systems Manufac- nautical miles to support current NAS such as: turing Center is the only tank production fa- Lemoore airport operations. The Lemoore (1) Entitlement Communities, which pro- cility in the United States and has the larg- MOA Initiative would allow tactical training vides annual grants on a formula basis to en- est machining and fabrication product enve- flights inside this existing airspace. No su- titled cities and counties to develop viable lope in the United States Department of De- personic, weapons employment, or aggres- urban communities by providing decent fense; and sive maneuvering flights over populated housing and a suitable living environment Whereas, Congress authorized a new round areas will be allowed in the new airspace; and by expanding economic opportunities, of the Base Realignment and Closure process and principally for low- and moderate-income to occur this year, which has the potential Whereas, It is estimated that the high alti- persons; to affect the Joint Systems Manufacturing tudes of the desired training flights and the (2) State Administered Community Devel- Center and the community of Lima that sup- sparsely populated rural environment of the opment Block Grant, which awards grants ports the Center; and land below the Lemoore MOA will have mini- only to units of general local government Whereas, The Joint Systems Manufac- mal environmental impact. To ensure this, that carry out development activities in par- turing Center employs approximately 700 in- the Navy in cooperation with the Federal ticipating states that develop annual funding dividuals and has an annual economic im- Aviation Administration (FAA) is com- priorities and criteria for selecting projects; pact of $246 million; Now, therefore, be it pleting an Environmental Assessment (EA). (3) Section 108 Loan Guarantee Program, Resolved, That the 126th General Assembly The Lemoore MOA would not increase air which allows Program entitlement commu- of the State of Ohio supports the Joint Sys- emissions for the State Implementation nities to apply for a guarantee, and is avail- tems Manufacturing Center in Lima, Ohio, Plan. Military training flights over the Si- able to Program non-entitlement commu- and memorializes Congress to take appro- erra Nevada Mountains, including wilderness nities if its state agrees to pledge the block priate action so that funding to the Center is areas and the Sequoia and Kings Canyon Na- grant funds necessary to secure the loan; not reduced through the Base Realignment tional Parks, could be reduced if some of (4) Department of Housing and Urban De- and Closure process; and be it further these flights were redirected to the Lemoore velopment-Administered Small Cities Pro- Resolved, That the Clerk of the Senate MOA; and gram for non-entitlement areas in the State transmit duly authenticated copies of this Whereas, The impact of the Lemoore MOA of Hawaii directly administered by HUD’s resolution to the President of the United Initiative on the current civilian air traffic Hawaii State Office in Honolulu; States, the Secretary of Defense of the environment is considered minimal. The (5) Insular Areas Program, which provides United States, the members of the Ohio Con- Navy in conjunction with the FAA is com- grants to four designated areas, including gressional delegation, the Speaker and Clerk pleting an operational analysis on both mili- American Samoa, Guam, the Northern Mar- of the United States House of Representa- tary and civilian air traffic patterns within iana Islands, and the Virgin Islands; (6) Disaster Recovery Assistance, in which tives, the President Pro Tempore and the the vicinity of NAS Lemoore. The footprint HUD provides flexible grants to help cities, Secretary of the United States Senate, and of the Lemoore MOA does not impact most counties, and states recover from disasters the news media of Ohio. air traffic flows; and, Whereas, Both the Navy and FAA are con- declared by the President, especially in low- ducting outreach programs to the civilian POM–92. A joint resolution adopted by the income areas, subject to availability of sup- aviation community to explain that the Legislature of the State of California rel- plemental appropriations; Lemoore MOA Initiative will allow for si- (7) Colonias, which allows Texas, Arizona, ative to the Lemoore Military Operations multaneous military and civilian use of des- California, and New Mexico to set aside up to Area (MOA) Initiative; to the Committee on ignated training airspace. These outreach ten percent of their state Program funds for Armed Services. programs are also informing civilian pilots use in colonias; and SENATE JOINT RESOLUTION NO. 1 that the Lemoore MOA will be managed in (8) Renewal Communities/Empowerment Whereas, The United States Navy at Naval real time in an effort to prevent a conflict Zones/Enterprise Communities, a program Air Station (NAS) Lemoore in joint partner- between military and civilian aircraft: Now, with an innovative approach to revitaliza- ship with the California Air National Guard therefore, be it tion, bringing communities together through

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6735 public and private partnerships to attract Whereas, nationally, the competitive envi- ited from imposing certain taxes on federal the investment necessary for sustainable ronment for banks and credit unions has credit unions; economic and community development; and changed significantly since the first credit Whereas, in Utah, federally chartered and Whereas, to be eligible, not less than 70 unions were formed in the early 1900’s; state chartered credit unions do not pay percent of the Community Development Whereas, the rise and scope of federal cred- state income taxes; Block Grant funds must be used for activi- it unions is rooted in the Federal Credit Whereas, credit unions pay property taxes; ties that benefit low- and moderate-income Union Act of 1934, as amended over the years; Whereas, federally chartered credit unions persons over a one-, two-, or three-year pe- Whereas, the early credit unions started as do not pay sales and use taxes; riod selected by the grantee; and small groups of people who shared a close Whereas, the state and not the federal gov- Whereas, all activities must meet one of and meaningful ‘‘common bond’’ such as oc- ernment should control and determine public the following national objectives to be eligi- cupations, the neighborhood where they policy affecting, the imposition of state ble for the Program: (1) Benefit low- and lived, or a church they attended; taxes; moderate-income persons; (2) Prevention or Whereas, such persons were less able to ob- Whereas, all taxes on financial institu- elimination of slums or blight; and (3) Com- tain loans from other financial institutions tions, including both credit unions and com- munity development needs having a par- because of low income and the perceived mercial banks, should be examined to deter- ticular urgency because existing conditions high risk of default and were, therefore, es- mine whether a different and more prin- pose a serious and immediate threat to the pecially vulnerable to usury lending prac- cipled approach to taxing could lessen the health or welfare of the community; and tices by those that might unfairly take ad- tax burden wherever possible; Whereas, the Program works largely with- vantage of such conditions; Whereas, federal tax policies and regula- Whereas, a credit union chartered in this out fanfare or recognition to ensure decent tions related to financial institutions can re- state is required to be a cooperative, non- affordable housing for all, to provide services sult in the erosion of state and local tax profit association, incorporated to: to the most vulnerable in our communities, bases; (1) Encourage thrift among its members; Whereas, the possible erosion of the state and to create jobs and expand business op- (2) create sources of credit at fair and rea- portunities; and tax base because of federal tax policy and sonable rates of interest; and (3) provide an regulations related to financial institutions Whereas, the Program is an important tool opportunity for its members to use and con- in helping local governments tackle the can result in lost revenues to the state; trol their resources on a democratic basis in Whereas, the loss of revenues to the state most serious challenges facing their commu- order to improve their economic and social nities and has made a difference in the lives impacts the state’s ability to meet the essen- condition; tial needs of its citizens including the fund- of millions of people living in communities Whereas, Congress has previously found ing of education; all across this country; and that: (1) The credit union movement in Whereas, all income tax revenues collected Whereas, the fiscal year 2006 budget offered America began as a cooperative effort to by the state are constitutionally dedicated by the Bush Administration eliminates the serve the productive and provident credit Program in its entirety by combining it in Utah to funding education; needs of individuals of modest means; (2) Whereas, the funding of education is a top along with 17 other programs into two new maintaining a meaningful affinity or com- programs, reducing funding for the consoli- priority of the Legislature and, therefore, all mon bond between members is critical to the exemptions from paying income tax are care- dated programs to $3,700,000,000 and moving fulfillment of the public mission of credit them to the Department of Commerce, which fully scrutinized by the Legislature; unions including promoting thrift and credit Whereas, the federal encroachment into has no experience in community develop- extension; and (3) credit unions are exempt ment; and state policy areas regarding financial insti- from federal and most state taxes because tutions is not limited to taxation but also Whereas, the City and County of Honolulu, they are member-owned, democratically op- and the counties of Hawaii, Maui, and Kauai includes preemption of state regulation of erated, not-for-profit cooperative organiza- the business activities of financial institu- all receive Program grants from HUD and tions generally managed by volunteer boards have used the grants to provide a plethora of tions within the state; and because they have historically had the Whereas, this federal encroachment raises much-needed facilities and services that specified mission of meeting the credit and have benefited low- and moderate-income constitutional issues under the 10th Amend- savings needs of their members, especially ment and the Supremacy Clause; and household across the State; and persons of modest means; Whereas, elimination of the Program has Whereas, the Financial Institutions Task Whereas, financial institutions are subject Force has found that because of the conver- been denounced by the United States Con- to regulation by different federal govern- ference of Mayors, National Association of sion of many state chartered credit unions to mental entities depending on their structure, federally chartered credit unions, significant Counties, National Association of Housing charter, and identity as financial institu- and Redevelopment Officials, National issues of tax policy and competitive fairness tion; among financial institutions now need to be League of Cities, National Community De- Whereas, the National Credit Union Ad- addressed at the federal level: Now, there- velopment Association, and Local Initiatives ministration charters and regulates federally fore, be it Support Corporation: Now, therefore, be it chartered credit unions and as insurer over- Resolved, That the Legislature of the state Resolved by the House of Representatives of sees state chartered credit unions; of Utah affirms its decision to differentiate the Twenty-third Legislature of the State of Ha- Whereas, commercial banks are subject to between traditional credit unions and those waii, Regular Session of 2005, That the Legis- a variety of federal regulators depending on that have lost a meaningful affinity or bond lature expresses its strong support of the their charter including the Office of the and encourages Congress to consider a simi- Program and urges the United States Con- Comptroller of the Currency, the Federal Re- lar approach; and be it further gress not to cut federal Program funding as serve Board, or the Federal Deposit Insur- Resolved, That the Legislature urges Con- proposed by the Bush Administration in the ance Corporation; fiscal year 2006 federal budget and to support Whereas, the National Credit Union Ad- gress to examine the rulings of the National its restoration into the HUD budget at its ministration has expanded its determination Credit Union Administration regarding current funding level of $4,700,000,000; and be of what has historically constituted a well- ‘‘common bond’’ and field of membership to it further defined local community for purposes of de- determine whether those rulings are over Resolved, That certified copies of this Reso- fining a field of membership to include large broad and inconsistent with the original in- lution be transmitted to the President of the geographic areas; tent of the Federal Credit Union Act; and be United States, Vice-President of the United Whereas, the broad field of membership es- it further Resolved, that the Legislature urges Con- States, Speaker of the United States House tablished by the National Credit Union Ad- gress to recognize and affirm the authority of Representatives, members of Hawaii’s ministration allows state chartered credit of states and local governments to determine Congressional delegation, HUD Assistant unions to easily convert to a federal charter, whether federally chartered credit unions Secretary for Public and Indian Housing, the allowing for: (1) Differences in tax treatment may be taxed the same as state chartered Governor, and mayor of each county. of federally chartered credit unions; and (2) differences in the regulations of member credit unions according to state law and re- lated policy considerations; and be it further POM–94. A joint resolution adopted by the business lending; Resolved, That the Legislature urges Con- House of the Legislature of the State of Utah Whereas, the U.S. Supreme Court held in gress to provide a principled, fair, and equi- relative to financial institutions; to the 1998 that the original intent of the Federal table tax structure for financial institutions, Committee on Banking, Housing, and Urban Credit Union Act was to require a more nar- including credit unions and commercial Affairs. row interpretation of credit unions’ common bond and field of membership than what now banks alike, that allows the states to deter- HOUSE JOINT RESOLUTION 1 exists under legislation adopted by Congress; mine what state and local taxes shall apply Whereas, the financial institution industry Whereas, commercial banks are subject to to financial institutions whether state or is a critical part of Utah’s economy; taxes on the federal, state, and local level; federally chartered; and be it further Whereas, the state is benefitted by and re- Whereas, under the Internal Revenue Code, Resolved, That once a principled, fair, and lies upon a diversity of financial institutions federal or state, chartered credit unions are equitable tax structure for financial institu- within the state including the existence of a exempt from paying federal income taxes; tions is adopted, Congress should examine strong credit union industry and a healthy Whereas, under the Federal Credit Union whether the economic circumstances have commercial bank industry; Act, as amended in 1937, states are prohib- changed since the enactment of the Federal

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6736 CONGRESSIONAL RECORD — SENATE June 16, 2005 Credit Union Act such that credit unions Whereas, the Utah Division of Wildlife Re- tion (NASA) has accomplished many great should have a broader role in the current fi- sources manages the land, which is protected scientific and technological feats, in addi- nancial marketplace; and be it further by a conservation easement controlled by tion to advancing humankind’s knowledge of Resolved, That the Legislature requests the Utah Department of Agriculture and the Earth and the universe; that if Congress elects to retain the current Food and the Utah Division of Forestry, Fire Whereas, on January 14, 2004, President tax structure for financial institutions un- and State lands; George W. Bush announced a new vision for changed, it provide Utah and other states Whereas, the state is developing a manage- United States space exploration, with the with a reasoned explanation for maintaining ment plan for the gated property, involving goal of returning humans to the moon within that tax structure without alteration; and be wildlife managers and other partners, that the next decade and extending a human pres- it further may include regulated public access; ence across the solar system; and Resolved, That the Legislature requests Whereas, the Range Creek property is not Whereas, the President’s fiscal year 2005 that Congress in determining monies pro- only an incredible archaeological resource, it budget request for NASA is $1 billion higher vided to the state by the federal government is also a wildlife haven, with wild turkey, ea- than the previous year’s request and would for programs, including education programs, gles, hawks, bears, cougars, elk, deer, big- redirect $11 billion in the existing funding to take into account revenues that may be lost horn sheep, and other important species; provide a total of $12 billion over five years to the state as a result of federal tax policy Whereas, the creek itself could be devel- to help address the space exploration vision: and regulations related to financial institu- oped as a blue ribbon trout fishery; Now, therefore, be it tions; and be it further Whereas, the work of Waldo Wilcox to pro- Resolved, That the Legislature of the state Resolved, That the Legislature urges Con- tect the land from vandals makes the ar- of Utah expresses support for returning hu- gress to fully and carefully consider the prin- chaeological sites unique and extraor- mans to the moon and pursuing human ex- ciples, policies, circumstances, and condi- dinarily valuable now and for generations to ploration of Mars and the solar system; and tions, identified and referenced in this reso- come; and be it further lution and promptly act as needed in order Whereas, Waldo Wilcox’s efforts symbolize Resolved, That the Legislature supports to remedy the same; and be it further the spirit of service and recognize the value continued funding of human space flight, Resolved, That a copy of this resolution be of history to modern times: Now, therefore, Earth Science, and other programs, as well sent to the Majority Leader of the United be it as continued funding of the space-related States Senate, the Speaker of the United Resolved, That the Legislature of the state Shuttle Booster Program; and be it further States House of Representatives, and the of Utah, the Governor concurring therein, Resolved, That the Legislature encourages members of Utah’s congressional delegation. honor Waldo Wilcox for his tireless efforts to the United States Congress to enact and protect the archaeological sites on his fully fund the proposed budget for the Space POM–95. A concurrent resolution adopted former property along Range Creek for the Exploration Program as submitted in the by the Legislature of the State of Utah rel- benefit of future generations; and be it fur- 2005 budget, which will enable the United ative to honoring an individual for pre- ther States and the state of Utah to remain lead- serving the Range Creek Area; to the Com- Resolved, That the Legislature recognize ers in the exploration and the development mittee on Commerce, Science, and Transpor- Waldo Wilcox’s determination to preserve of space; and be it further tation. the state’s history and make it possible for Resolved, That a copy of this resolution be great advancements to be made in the under- HOUSE CONCURRENT RESOLUTION 10 sent to the President of the United States, standing of early cultures in Utah; and be it the Majority Leader of the United States Whereas, a ranch straddling remote Range further Senate, the Speaker of the United States Creek, a tributary of the Green River, and Resolved, That a copy of this resolution be House of Representatives, NASA, and the spreading to a nearby plateau, was recently sent to Waldo Wilcox, the Utah Division of members of Utah’s congressional delegation. sold by Waldo Wilcox, to the Trust for Public Wildlife Resources, the Utah Division of For- Land, a conservation group; estry, Fire and State Lands, the Utah De- POM–97. A resolution adopted by the Sen- Whereas, with key funding appropriated by partment of Agriculture and Food, the Utah ate of the Legislature of the State of Michi- the United States Congress and the Utah Quality Growth Commission, Sportsmen for gan relative to the sale of violent video Quality Growth Commission, and extensive Fish and Wildlife, the Trust for Public Land, games to children; to the Committee on lobbying for the purchase by the Sportsmen and the members of Utah’s congressional del- Commerce, Science, and Transportation. for Fish and Wildlife, the ranch was subse- egation. quently acquired by the state of Utah; SENATE RESOLUTION NO. 33 Whereas, the archaeological and cultural POM–96. A joint resolution adopted by the Whereas, Americans have grown increas- significance of the land contained on the Legislature of the State of Utah relative to ingly alarmed about youth violence. Inspired ranch is extraordinary because an estimated space exploration; to the Committee on in part by violent media images, for too 2,000 to 5,000 archaeological sites, most in ex- Commerce, Science, and Transportation. many of our children are committing violent cellent condition, are located on the 4,350 JOINT RESOLUTION crimes; and acre property; Whereas, when Christopher Columbus Whereas, Numerous medical organizations, Whereas, what makes Range Creek unique made his voyages across the Atlantic in the including the American Medical Association is that most of the archaeological sites ob- 15th and 16th centuries, his ships carried the and the American Psychological Associa- tained by the state are pristine because the inscription ‘‘Following the light of the sun, tion, as well as law enforcement agencies Wilcox family vigilantly protected the land we left the Old World’’; such as the Federal Bureau of Investigation, from vandals since acquiring the land more Whereas, exploration and discovery have have concluded that viewing entertainment than 50 years ago; been especially important to the American violence can lead to an increase in aggres- Whereas, much of Range Creek is believed experience, providing vision, hope, and eco- sive attitudes, values, and behaviors, par- to have been inhabited a thousand years ago nomic stimulus, from New World pioneers ticularly in children. Recent academic lit- by pre-Columbian cultures, including the and American frontiersmen to the Apollo erature corroborates the findings of earlier Fremont and the Archaic; space program; studies that demonstrate exposure to violent Whereas, radiocarbon tests date the village Whereas, just as Lewis and Clark could not video games produces aggressive behavior in and rock shelter sites to between 1000 A.D. have predicted the settlement of the Amer- children and young people; and and 1200 A.D., and analysis of projectile ican West within a hundred years of the start Whereas, Violent, point-and-shoot video points and pottery, using dates of known of their famous 19th century expedition, the games are such effective combat simulators styles, shows the same range; total benefits of a single exploratory under- that law enforcement and military organiza- Whereas, the finds include individual pit taking or discovery cannot be predicted in tions use them extensively for training to houses, villages, arrowheads, shafts, gra- advance; accurately and effectively shoot firearms in naries, pottery, basketry, and scattered rock Whereas, the desire to explore is part of real combat situations. Such games could art, the latter often representing other- the national character, and history has actually serve to create a more deadly accu- worldly human figures, pecked spirals, and shown that space exploration benefits all hu- rate youth criminal armed with a firearm; sheep figures; mankind through new technologies for ev- and Whereas, these items are found in areas eryday application; Whereas, There are concerns that current that are at times green and pasture-like and Whereas, new jobs formed across the entire initiatives, including rating systems, are at other mostly barren, with sparse desert economic spectrum have been created as a largely ineffective in shielding young chil- vegetation; result of space exploration, along with new dren from video game images. While parental Whereas, teams of volunteers and archae- markets and commercial products; and family actions are of the utmost impor- ologists have been documenting the sites, Whereas, space exploration has inspired tance in this effort, there are steps that Con- some of which are in the lower area beyond and educated many across the world, has en- gress can take: Now, therefore, be it the ranch boundaries and have been raided hanced United States leadership, has in- Resolved by the Senate, That we memori- and damaged by vandals; creased security, and has left a legacy for fu- alize the Congress of the United States to Whereas, most of the sites on the property, ture generations; conduct an investigation and take action to however, are pristine and literally un- Whereas, since its inception in 1958, the prevent the sale of violent video games to touched; National Aeronautics and Space Administra- children; and be it further

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6737 Resolved, That copies of this resolution be POM–99. A resolution adopted by the House As a condition of obtaining congressional ap- transmitted to the President of the United of Representatives of the Legislature of the proval for the construction of the CAP, Ari- States Senate, the Speaker of the United State of Michigan relative to establishing zona accepted a limitation on its water enti- States House of Representatives, and the and requiring the .xxx domain name for tlement that effectively gives the state the members of the Michigan congressional dele- adult-only web sites; to the Committee on lowest priority in times of shortage in ex- gation. Commerce, Science, and Transportation. change for commitment on the part of the HOUSE RESOLUTION NO. 30 federal government to augment Colorado POM–98. A Senate Concurrent Resolution Whereas, From 1983 to 1998, the federal River water supplies; and adopted by the General Assembly of the government managed the Internet, including Whereas, CAP provides one-third of Arizo- State of Ohio relative to the exclusion of the the Domain Name System (DNS), a central na’s renewable water supplies and without NASA John H. Glenn Research Center and coordinating body that assigns unique e-mail this water, the many cities, towns, Indian the Defense Finance Accounting Services and web site addresses so that the network communities and agricultural water users Center in Cleveland, Ohio from the list of runs smoothly. As the Internet evolved from that depend on the CAP in Central Arizona base closures for the Base Realignment and a small-scale system of links among Amer- would face critical water supply shortages. Closure process; to the Committee on Com- ican academic institutions into a main- merce, Science, and Transportation. Whereas, the Yuma desalting plant was stream international communications, edu- constructed by the federal government pur- (AMENDED SENATE CONCURRENT RESOLUTION cational, and electronic commerce medium, suant to the Colorado River Basin Salinity NUMBER 12) the federal government concluded that it Control Act to treat water for delivery to Whereas, The NASA John H. Glenn Re- should no longer manage its development. In Mexico in satisfaction of United States trea- search Center at Lewis Field in Cleveland, 1998, the United States Department of Com- ty obligations, but the United States has Ohio, is one of NASA’s ten field offices, merce (DOC), in an effort to establish global failed to operate the desalter, thus causing working to meet NASA’s goals of under- standards and consensus-based policies, the loss of more than one hundred thousand standing and protecting our home planet, ex- agreed to a Memorandum of Understanding acre feet of water annually from Lake Mead; ploring the universe and searching for life, (MOU) with the California-based private sec- and and inspiring the next generation of explor- tor, nonprofit corporation called the Inter- Whereas, the lack of adequate regulatory ers; and net Corporation of Assigned Names and storage facilities in the Colorado River sys- Whereas, The focus of the Glenn Research. Numbers (ICANN). In part, the MOU calls for tem above the Mexican border has resulted Center is on research related to exploration the joint development of the DNS in order to in the continuing overdelivery of water to systems; it leads NASA in fields of micro- facilitate its future transfer to the private Mexico, further reducing the supplies avail- gravity science and works in partnership sector; and able to meet the needs of California, Nevada with others to increase national wealth, Whereas, While the DOC continues to serve and Arizona and increasing the risk of short- safety, and security, to protect the environ- as the steward of the DNS during its transi- age. ment, and to explore the universe. The Cen- tion to private sector management, it does ter also is NASA’s leader in the area of not regulate ICANN, play a vital role in Wherefore your memorialist, the House of aeropropulsion research, which is important ICANN’s internal governance or day-to-day Representatives of the State of Arizona, the to NASA’s goals to promote economic operations, or intervene in ICANN activities Senate concurring, prays: growth and national security and have safe, unless the corporation’s actions are incon- 1. That the Congress of the United States superior, and environmentally compatible sistent with the MOU. The only way that the take such actions, including enacting legis- civil and military aircraft propulsion sys- department can influence ICANN decisions is lation and appropriating funds, as are re- tems; and either to not renew the MOU, which expires quired to construct or improve regulatory Whereas, Congress authorized a new round September 30, 2006, or through informal dis- storage facilities in the lower Colorado River of the Base Realignment and Closure process cussion with corporation officials; and system, operate the Yuma desalting plant (BRAC) to occur this year, which has the po- Whereas, In 2001, ICANN approved seven and augment the flow of the Colorado River tential to affect the NASA Glenn Research new top-level domain names, but refused to to protect Arizona’s Colorado River water Center and the community of Cleveland that approve the .xxx domain name, which would supplies and allow the lower Colorado River supports the Center; and have provided a cyber sanctuary to protect basin states to maximize the benefits of Whereas, The Glenn Research Center em- children from the corrupting influences of their water entitlements. ploys approximately 3,300 individuals, and online pornography. To protect children, 2. That the Secretary of State of the State the employment of these individuals and the Congress has the authority to direct the DOC of Arizona transmit copies of this Memorial economic impact of the Center, along with to establish and operate the second-level to the President of the United State Senate, the Center’s research, make the Center a .xxx domain name within the United States. the Speaker of the United States House of vital installation to Cleveland, the state of The .xxx domain name will safeguard chil- Representatives and each Member of Con- Ohio, and the nation; and dren by allowing parents and libraries to em- gress from the State of Arizona. Whereas, The Defense Finance Accounting ploy filtering or blocking software tech- Services Center in Cleveland efficiently pro- nologies: Now, therefore, be it vides accounting and payroll services for our Resolved by the House of Representatives, POM–101. A joint memorial adopted by the military and civilian personnel serving our That we memorialize Congress to enact leg- Legislature of the State of Washington rel- country; and islation allowing the Department of Com- ative to the establishment of the Ice Age Whereas, The Defense Finance Accounting merce (DOC) to help shield children by estab- Floods National Geologic Trail; to the Com- Services Center is a vital part of Greater lishing and requiring the .xxx domain name mittee on Energy and Natural Resources. Cleveland’s economy, providing employment for adult-only web sites; and be it further SENATE JOINT MEMORIAL 8000 to 1,200 persons; and Resolved, That copies of this resolution be Whereas, The Base Realignment and Clo- transmitted to the United States Depart- Whereas, The Ice Age Floods Study of Al- sure Process has the potential to affect the ment of Commerce, the President of the ternatives and Environmental Assessment Defense Finance Accounting Services Center United States Senate, the Speaker of the recommends that the ‘‘Ice Age Floods Na- and the community of Cleveland that sup- United States House of Representatives, and tional Geologic Trail’’ be established by the ports the Center: Now, therefore, be it the members of the Michigan congressional Congress of the United States of America to Resolved, That the 126th General Assembly delegation. follow the floods’ pathways; and of the State of Ohio supports the NASA John Whereas, The floods are responsible for H. Glenn Research Center and the Defense POM–100. A concurrent memorial adopted shaping a fascinating landscape that spans Finance Accounting Services Center, and by the House of Representatives of the Legis- much of Washington State from its eastern firmly believes that neither Center should be lature of the State of Arizona relative to ac- border to the Pacific Ocean; and tion that would improve storage, desalt and included in the Defense Base Closure and Re- Whereas, The landscape and its natural augment the flow of Colorado River water alignment Commission’s list of proposed history are a draw to recreators, scientists, supplies to river basin states; to the Com- bases to be closed, as both are valuable as- and tourists, which stimulate interest in the mittee on Energy and Natural Resources. sets to the state of Ohio and the defense of region and benefit local economies; and our nation, and memorializes Congress to HOUSE CONCURRENT MEMORIAL 2007 Whereas, Many floods’ resources are on take appropriate action so that neither Cen- Whereas, in 1964, the United States Su- public lands and can be viewed from existing ter is included in the Commission’s closure preme Court decreed that Arizona is entitled public roadways; and list; and be it further to 2.8 million acre-feet of water from the Resolved, That the Clerk of the Senate Lower Colorado River each year. The water Whereas, The envisioned trail is to be a transmit duly authenticated copies of this allocations for California and Nevada, the public-private partnership coordinated by resolution to the President of the United other lower basin states, were determined in the National Park Service; and States, the Secretary of Defense of the the same litigation and each state was given Whereas, The Study of Alternatives rec- United States, the members of the Ohio Con- equal priority under the Supreme Court’s de- ommends that no more than 25 acres be ac- gressional delegation, the Speaker and Clerk cree; and quired by the National Park Service for use of the United States House of Representa- Whereas, despite prevailing in the litiga- in the trail: Now, therefore, Your tives, the President Pro Tempore and the tion, Arizona was unable to practically use Memorialists respectfully support establish- Secretary of the United States Senate, and its entitlement to the water until the Cen- ment of the Ice Age Floods National Geo- the news media of Ohio. tral Arizona Project (CAP) was constructed. logic Trail; and, further be it

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6738 CONGRESSIONAL RECORD — SENATE June 16, 2005 Resolved, That copies of this Memorial be jected; and furthermore, your memorialists Whereas, as part of its recognition of the immediately transmitted to the Honorable respectfully pray that the proposal to add 50th Anniversary of nuclear testing at the George W. Bush, President of the United additional transactions for inclusion into the Nevada Test Site in the 2001 General Session, States, the President of the United States Bonneville Power Administration’s author- the 54th Legislature of the State of Utah ex- Senate, the Speaker of the House of Rep- ized debt limit be rejected; and, be it pressed ‘‘the fervent desire and commitment resentatives, and each member of Congress Resolved, That copies of this Memorial be to assure that such a legacy will never be re- from the State of Washington. immediately transmitted to the Honorable peated’’; George W. Bush, President of the United Whereas, surviving ‘‘downwinders’’ who POM–102. A joint memorial adopted by the States, the President of the United States continue to suffer today know their fight Legislature of the State of Washington rel- Senate, the Speaker of the House of Rep- against renewed nuclear testing will not ben- ative to the rejection of the proposal to tran- resentatives, and each member of Congress efit them personally because it is too late for sition the Bonneville Power Administration from the State of Washington, and the Sec- them; from cost-based rates to market-based rates; retary of the United States Department of Whereas, surviving downwinders fight re- to the Committee on Energy and Natural Re- Energy, Samuel W. Bodman. newed nuclear testing for the sake of their sources. children and grandchildren; POM–103. A concurrent resolution adopted Whereas, a resumption of nuclear testing SUBSTITUTE SENATE JOINT MEMORIAL 8018 by the Legislature of the State of Utah rel- at the Federal Government’s Nevada Test Whereas, The Bonneville Power Adminis- ative to approving the Utah recreational Site would mean a return to the mistakes tration supplies seventy percent of the elec- land exchange; to the Committee on Energy and miscalculations of the past which have trical power consumed in the state of Wash- and Natural Resources. marred many Utahns; ington; and Whereas, the Legislature of the state of Whereas, a resumption of nuclear testing Whereas, Currently and since its creation Utah has an important role in reviewing land essentially means the creation of a new gen- the rates established for such power have exchange proposals between subdivisions of eration of downwinders; been based upon recovery of its costs; and the state and the United States; Whereas, a resumption of nuclear testing Whereas, The ratepayers of the Pacific Whereas, the School and Institutional at the Federal Government’s Nevada Test Northwest and West Coast have paid those Trust Lands Administration is seeking fed- Site would verify the axiom that those who costs in their entirety through their rates; eral legislation authorizing the state of Utah fail to learn from the mistakes of the past and to exchange up to 48,000 acres of state school are doomed to repeat them; Whereas, The Pacific Northwest region has and institutional trust lands and mineral in- Whereas, the resumption of nuclear testing experienced a nearly fifty percent increase in terests for up to 40,000 acres of federal lands at the Federal Government’s Nevada Test wholesale power rates since the energy crisis and mineral interests; Site would signify a dramatic step backward of 2001–2002; and Whereas, the legislation would exchange in the United States of America’s resolve to Whereas, The President’s proposed fiscal state school and institutional trust lands learn from its tragic nuclear testing legacy; year 2006 budget would transition the Bonne- that are currently scattered and, in many Whereas, the ‘‘Wind Wall’’ is a planned ville Power Administration from cost-based cases, surrounded by federal lands for con- monument to pay tribute to the people who rates to market-based rates; solidated lands that could be more effi- lost their lives to nuclear testing, those who Whereas, The Office of Management and ciently managed and administered for the are battling downwinder-related diseases Budget has estimated that such change benefit of the trust land beneficiaries; now, and for those who have lost loved ones would result in an estimated increase of one Whereas, the proposed exchange would also because of nuclear testing; hundred dollars per year for each Pacific help preserve lands with significant scenic Whereas, it is intended that the Wind Wall Northwest ratepayer; and and recreational values within the Colorado be placed in or near Washington County, Whereas, This budget proposal would cost River corridor, the vicinity of Dinosaur Na- Utah, as residents of that county were the the Northwest region four hundred eighty tional Monument, and the Book Cliffs, bene- most impacted by nuclear fallout; and million dollars next year and two and one- fiting local economies and that of the state Whereas, the State of Utah has an obliga- half billion dollars over three years; and as a whole; and tion to its citizens, especially those who Whereas, The first argument to justify Whereas, the proposed exchange is in the have suffered so much, to do all in its power these increased rates, that the ratepayers of best interests of the citizens of Utah: Now, to ensure that the lingering wounds from nu- the Pacific Northwest are being subsidized therefore, be it clear testing are not reopened to afflict both by the federal government, is not well-found- Resolved, That the Legislature of the state current and future generations: Now, there- ed in light of the fact that all of the Bonne- of Utah, the Governor concurring therein, fore, be it ville Power Administration’s costs, includ- support the proposed land exchange between Resolved, That the Legislature of the State ing repayment of debt at market-based inter- the state of Utah and the United States gov- of Utah, the Governor concurring therein, est rates to the United States Treasury, are ernment; and be it further strongly urge that the United States Govern- recovered from ratepayers, primarily indi- Resolved, That the Legislature and the ment not resume nuclear testing at its Fed- viduals and businesses in the Pacific North- Governor request that the United States eral Government’s Nevada Test Site; and be west; and Congress enact laws authorizing the Sec- it further Whereas, The second argument to justify retary of the Interior to take all necessary Resolved, That a copy of this resolution be these increased rates, that of further accel- actions to complete this exchange; and be it sent to the President of the United States, erating Bonneville’s debt repayment to the further the Speaker of the United States House of United States Treasury, are not well-founded Resolved, That a copy of this resolution be Representatives, the Majority Leader of the in light of Bonneville’s success in recent sent to the United States Secretary of the United States Senate, Downwinders, Inc., years of early repayment of its debt, despite Interior, Utah’s School and Institutional and the members of Utah’s congressional del- the sale of power at-cost and during difficult Trust Lands Administration, and to the egation. economic times; and members of Utah’s congressional delegation. Whereas, This proposal if enacted would es- POM–105. A joint resolution adopted by the sentially result in a one hundred percent in- POM–104. A concurrent resolution adopted Legislature of the State of Utah relative to crease in power rates over a seven-year pe- by the Legislature of the State of Utah rel- oil and gas drilling and exploration; to the riod, which will severely harm the region’s ative to the opposition of nuclear testing; to Committee on Energy and Natural Re- businesses and industries, as well as all the the Committee on Energy and Natural Re- sources. residents of the region; and sources. Whereas, significant reserves of oil have Whereas, The administration’s additional HOUSE CONCURRENT RESOLUTION 7 been discovered in Utah; budget proposal to increase the types of Whereas, nuclear testing began at the Fed- Whereas, many investors are working transactions that would count against the eral Government’s Nevada Test Site in 1951; through the steps to obtain oil and gas leases Bonneville Power Administration’s author- Whereas, according to the United States from the Utah state office of the Bureau of ized debt limit would negatively impact the Department of Energy’s Nevada Operations Land Management; Bonneville Power Administration’s ability Office, 45 of the 515 announced nuclear weap- Whereas, for all federal oil and gas leases to upgrade existing or build new vital infra- ons tests that occurred between 1961 and 1984 sold in the state, 50 percent of the proceeds structure; and released radioactivity beyond the testing go to the state of Utah; Whereas, This proposal would lead to fur- site; Whereas, federal oil and gas lease sales for ther limiting investment in an already con- Whereas, many Utahns and many other November 2003, totaled $982,387; for February strained transmission system which could citizens living downwind of those tests suf- 2004, $6,325,314; for June 2004, $9,951,502; for result in electricity shortages and decreased fered as a result of being ‘‘active partici- September 2004, $28,030,004; and for December reliability: Now, Therefore, Your pants’’ in the nation’s nuclear testing pro- 2004, $521,916; Memorialists respectfully pray that the pro- gram; Whereas, although the September 2004 oil posal to transition the Bonneville Power Ad- Whereas, the Legislature of the State of and gas lease sales were the largest in Utah ministration from cost-based rates to mar- Utah supports a strong military defense, but in terms of acreage, roughly 190,000 acres ket-based rates, as expressed in the Presi- not at the expense of its citizens through re- were deferred or deleted from the sale when dent’s fiscal year 2006 proposed budget, be re- newed nuclear testing; the Bureau of Land Management received

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6739 new information on wilderness characteris- would reform the Endangered Species Act to Security program, he asserted that the fun- tics of the land; protect the rights of property owners while damental purpose of the initiative was to Whereas, every parcel available as part of continuing to meet its intended purpose of ‘‘give some measure of protection to the av- an oil or gas lease is scrutinized prior to the recovering species. erage citizen and his family against the loss sale to determine if it can be offered in com- Wherefore your memorialist, the Senate of of a job and against a poverty ridden old pliance with, among others, the National En- the State of Arizona, the House of Rep- age;’’ and vironmental Policy Act, the Endangered resentatives concurring, prays: Whereas, Today, seventy years later, about Species Act, and the National Historic Pres- 1. That the Congress of the United States 48 million Americans—both retired workers ervation Act; take steps to enact legislation that would re- and those who are disabled—receive modest Whereas, to protect other resources, nu- form the Endangered Species Act to protect checks from Social Security; and merous stipulations and stringent require- property owners while meeting its intended Whereas, This modest support continues to ments are placed on the oil and gas leases purpose of recovering species. be a bulwark against the indignities of pov- 2. That the Secretary of State of the State that are issued; erty, accounting for more than half the in- of Arizona transmit copies of this Memorial Whereas, currently over 400 oil and gas come of two-thirds of those who receive ben- to the President of the United States Senate, leases have been awarded but not yet issued efits; and the Speaker of the United States House of because of litigation instigated by environ- Whereas, Social Security is now widely Representatives and each Member of Con- recognized by the public as one of the most mental groups; gress from the State of Arizona. Whereas, groups suing to halt the issuance successful programs in our nation’s history, of the awarded oil and gas leases are not par- POM–107. A resolution adopted by the guaranteeing as it does, to all Americans, ties to the sales of the oil and gas leases; House of Representatives of the General As- today and tomorrow, a basic standard of liv- Whereas, much of the Bureau of Land Man- sembly of the State of Ohio relative to the ing; and agement’s time is taken up with addressing Clear Skies Act of 2005; to the Committee on Whereas, It is being argued that Social Se- protests of the sales of oil and gas leases; Environment and Public Works. curity should be privatized by diverting pay- Whereas, millions of dollars that could be roll taxes from current beneficiaries to pri- (AMENDED HOUSE RESOLUTION NUMBER 21) invested in the state are being held pending vate investment accounts; and Whereas, Although the nation’s air quality the outcome of these lawsuits; Whereas, Such reforms are likely to re- has improved significantly since the early Whereas, individuals and companies who quire the federal government to borrow near- 1970’s, pollutants such as sulfur dioxide, ni- have purchased oil and gas leases in Utah or ly $2 trillion, or $100 billion to $150 billion trogen oxide, and mercury continue at levels are contemplating a purchase are greatly per year for ten years, to finance the trans- that cause environmental and public health concerned with how long their funds have re- fer to create new private accounts; and concerns. Because of those concerns, the Whereas, In addition to adding to the al- mained tied up in a system that is not per- United States Environmental Protection forming its intended purpose; ready significant federal debt, this proposal Agency has established stricter National would partially replace guaranteed benefits Whereas, protests should be addressed up Ambient Air Quality Standards, most re- to the time that the oil and gas leases are with ones that expose millions of retired cently for ozone and particulate matter; and Americans to the ups and downs of the stock awarded, then should be restricted unless an Whereas, Currently, 474 counties, including market: Now, therefore, Your Memorialists error was made in the plain language of the 33 in Ohio, are in nonattainment with the respectfully request that the Congress and lease; and ozone standard and 225 counties, including 32 the Administration reject the current effort Whereas, unless concerns with the oil and in Ohio, are in nonattainment with the par- to privatize Social Security and instead en- gas lease process are resolved, many poten- ticulate matter standard. Nonattainment gage in an open dialogue with the American tial investors in Utah oil and gas leases will designations place a significant burden on choose to do business in other states, costing state and local governments, which must de- public to arrive at a sensible solution that the state much needed revenues: Now, there- velop plans to reduce emissions and come preserves the original intent of Franklin fore, be it into attainment by a specified date; and Delano Roosevelt, making Social Security Resolved, That the Legislature of the state Whereas, In order to ensure that the states an insurance fail-safe for the aged and dis- of Utah urges the United States Congress have the most effective means of attaining abled and a complement to every individ- and the members of Utah’s congressional del- the new standards, the Clear Skies Act of ual’s ability to invest in the private market egation to take legislative steps necessary to 2005 (S. 131) has been introduced in the on their own; and be it address Utah’s oil and gas drilling and explo- United States Senate. This legislation not Resolved, That copies of this Memorial be ration lease issuance problems; and be it fur- only is based on the successful Acid Rain immediately transmitted to the Honorable ther Program, it also incorporates a multi-emis- George W. Bush, President of the United Resolved, That the Legislature of the state sions approach that takes advantage of the States, the President of the United States of Utah urges that Congress and Utah’s dele- benefits that would result from controlling Senate, the Speaker of the House of Rep- gation act decisively to end the legal delays multiple pollutants at the same time; and resentatives, and each member of Congress caused by individuals and groups who are not Whereas, The Clear Skies Act balances en- from the State of Washington. a party to the sale of an oil and gas lease; vironmental, energy, and economic needs. and be it further For example, it requires power plants to re- POM–109. A concurrent memorial adopted Resolved, That a copy of this resolution be duce emissions of sulfur dioxide, nitrogen by the Senate of the Legislature of the State sent to the Majority Leader of the United oxide, and mercury by 70% by 2018 and allows of Arizona relative to Social Security re- States Senate, the Speaker of the United the nation to continue burning coal, our form; to the Committee on Finance. States House of Representatives, the Utah most abundant and low-cost energy source, SENATE CONCURRENT MEMORIAL 1003 office of the Bureau of Land Management, while improving our nation’s air quality: Whereas, Social Security is the foundation and to the members of Utah’s congressional Now, therefore, be it of retirement income for most Americans; delegation. Resolved, That we, the members of the and House of Representatives of the 126th Gen- Whereas, preserving and strengthening the POM–106. A concurrent memorial adopted eral Assembly of the State of Ohio, support long-term viability of Social Security is a by the Senate of the Legislature of the State concepts in the Clear Skies Act of 2005 and vital national priority and is essential for of Arizona relative to the reform of the en- urge Congress to seek resolution of the the retirement security of today’s working dangered species act; to the Committee on issues involved and enact legislation for the Americans current and future retirees and Environment and Public Works. purpose of improving our nation’s air quality their families; and and ensure our nation’s economic stability; Whereas, Social Security faces significant SENATE CONCURRENT MEMORIAL 1002 and be it further fiscal and demographic pressures; and Whereas, since its enactment thirty years Resolved, That the Clerk of the House of Whereas, the nonpartisan Office of the ago, the Endangered Species Act has created Representatives transmit duly authenticated Chief Actuary at the Social Security Admin- unreasonable regulatory hurdles for property copies of this resolution to the President of istration reports that: owners while failing to help many species; the United States, the President Pro Tem- 1. The number of workers paying taxes to and pore and Secretary of the United States Sen- support each Social Security beneficiary has Whereas, the House Resource Committee of ate, the Speaker and Clerk of the United dropped from 16.5 in 1950 to 3.3 in 2002; Congress has passed bills this session that States House of Representatives, the mem- 2. Within a generation there will be only would change the existing law by requiring bers of the Ohio Congressional delegation, two workers to support each retiree which peer review before a species could be listed and the news media of Ohio. will substantially increase the financial bur- as endangered and by allowing critical habi- den on American workers; tat to be designated for species only when POM–108. A joint memorial adopted by the 3. Without structural reform, the Social ‘‘practicable’’; and Legislature of the State of Washington rel- Security system, beginning in 2018, will pay Whereas, these bills now require passage ative to Social Security; to the Committee out more in benefits than it will collect in by the full House and the Senate in order to on Finance. taxes; become law; and SENATE JOINT MEMORIAL 8014 4. Without structural reform, the Social Whereas, the Western Governors Associa- Whereas, In August 1935, when Franklin Security trust fund will be exhausted in 2042 tion has long supported legislation that Delano Roosevelt signed into law the Social and Social Security tax revenue in 2042 will

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6740 CONGRESSIONAL RECORD — SENATE June 16, 2005 only cover seventy-three per cent of prom- 1. That the United States Congress vote no INTRODUCTION OF BILLS AND ised benefits, and will decrease to sixty-eight on any agreement for the United States to JOINT RESOLUTIONS per cent by 2078; enter into a Free Trade Area of the Americas 5. Without structural reform, future Con- (FTAA). The following bills and joint resolu- gresses may have to raise payroll taxes fifty 2. That the Secretary of State of the State tions were introduced, read the first per cent over the next seventy-five years to of Arizona transmit copies of this Memorial and second times by unanimous con- pay full benefits on time, resulting in payroll to the President of the United States Senate, sent, and referred as indicated: tax rates of as much as 16.9 per cent by 2042 the Speaker of the United States House of By Mrs. DOLE: and 18.3 per cent by 2078; Representatives and each Member of Con- S. 1254. A bill to suspend temporarily the 6. Without structural reform, Social Secu- gress from the State of Arizona. duty on nitrocellulose; to the Committee on rity’s total cash shortfall over the next sev- Finance. enty-five years is estimated to be more than f By Mr. VOINOVICH (for himself, Mr. $25,000,000,000,000 in constant 2004 dollars or AKAKA, Ms. COLLINS, Mr. DURBIN, and $3,700,000,000,000 measured in present value REPORTS OF COMMITTEES Mr. STEVENS): terms; and The following reports of committees S. 1255. A bill to amend the Internal Rev- 7. Absent structural reforms, spending on enue Code of 1986 to exclude from gross in- Social Security will increase from 4.3 per were submitted: come amounts paid on behalf of Federal em- cent of gross domestic product in 2004 to 6.6 By Mr. GREGG, from the Committee on ployees and members of the Armed Forces on per cent in 2078; and Appropriations, with an amendment in the active duty under Federal student loan re- Whereas, the Congressional Budget Office, nature of a substitute: payment programs; to the Committee on Fi- the Government Accountability Office, the H.R. 2360. A bill making appropriations for nance. Congressional Research Service, the Chair- the Department of Homeland Security for By Mr. BIDEN: man of the Federal Reserve Board and the the fiscal year ending September 30, 2006, and S. 1256. A bill to require the Secretary of President’s Commission to Strengthen So- for other purposes (Rept. No. 109–83). Homeland Security to develop regulations cial Security have all warned that failure to By Mr. DOMENICI, from the Committee on regarding the transportation of extremely enact fiscally responsible Social Security re- Appropriations, with an amendment in the hazardous materials, and for other purposes; form quickly will result in one or more of nature of a substitute: to the Committee on Commerce, Science, the following: 1. Higher tax rates; 2. lower H.R. 2419. A bill making appropriations for and Transportation. Social Security benefit levels; 3. increased energy and water development for the fiscal By Mr. SPECTER (for himself and Mr. federal debt or less spending on other federal year ending September 30, 2006, and for other LAUTENBERG): programs; purposes (Rept. No. 109–84). S. 1257. A bill to amend title 28, United Wherefore your memorialist, the Senate of By Mr. ROBERTS, from the Select Com- States Code, to clarify that persons may the State of Arizona, the House of Rep- mittee on Intelligence, without amendment: bring private rights of actions against for- resentatives concurring, prays: S. 1266. An original bill to permanently au- eign states for certain terrorist acts, and for 1. That the President, the Congress and the thorize certain provisions of the Uniting and other purposes; to the Committee on the Ju- American people, including seniors, workers, Strengthening America by Providing Appro- diciary. women, minorities and disabled persons, priate Tools Required to Intercept and Ob- By Mr. CHAMBLISS: should work together at the earliest oppor- struct Terrorism (USA PATRIOT) Act of S. 1258. A bill to designate the building lo- tunity to enact legislation to achieve a sol- 2001, to reauthorize a provision of the Intel- cated at 493 Auburn Avenue, N.E., in At- vent and permanently sustainable Social Se- ligence Reform and Terrorism Prevention lanta, Georgia, as the ‘‘John Lewis Civil curity system. Act of 2004, to clarify certain definitions in Rights Institute’’; to the Committee on En- 2. That Social Security reform must: the Foreign Intelligence Surveillance Act of vironment and Public Works. (a) Protect current and near retirees from 1978, to provide additional investigative tools By Mr. SALAZAR: any changes to Social Security benefits. necessary to protect the national security, S. 1259. A bill to amend title 38, United (b) Reduce the pressure on future tax- and for other purposes (Rept. No. 109–85). States Code, to extend the requirement for payers and on other budgetary priorities. By Mr. SPECTER, from the Committee on reports from the Secretary of Veterans Af- (c) Provide benefit levels that adequately the Judiciary, without amendment: fairs on the disposition of cases rec- reflect individual contributions to the Social S. 491. A bill to amend the Omnibus Crime ommended to the Secretary for equitable re- Security system. Control and Safe Streets Act of 1968 to ex- lief due to administrative error and to pro- (d) Preserve and strengthen the safety net pand the definition of firefighter to include vide improved benefits and procedures for for vulnerable populations including the dis- apprentices and trainees, regardless of age or the transition of member of the Armed abled and survivors. duty limitations. Forces from combat zones to noncombat 3. That the United States Congress should By Mr. SPECTER, from the Committee on zones and for the transition of veterans from honor section 13301 of the Budget Enforce- the Judiciary, with amendments: service in the Armed Forces to civilian life; ment Act of 1990. S. 852. A bill to create a fair and efficient to the Committee on Veterans’ Affairs. 4. That the Secretary of State of the State system to resolve claims of victims for bod- By Mr. VITTER: of Arizona transmit copies of this Memorial ily injury caused by asbestos exposure, and S. 1260. A bill to make technical correc- to the President of the United States Senate, for other purposes. tions to the Indian Gaming Regulatory Act, the Speaker of the United States House of and for other purposes; to the Committee on Representatives and each Member of Con- f Indian Affairs. gress from the State of Arizona. By Mr. ALEXANDER: EXECUTIVE REPORTS OF S. 1261. A bill to simplify access to finan- cial aid and access to information on college POM–110. A concurrent memorial adopted COMMITTEES by the House of Representatives of the Legis- costs, to provide for more learning and less lature of the State of Arizona relative to the The following executive reports of reporting, and for other purposes; to the United States entering into the Free Trade committees were submitted: Committee on Health, Education, Labor, and Area of the Americas; to the Committee on By Mr. LUGAR for the Committee on For- Pensions. Finance. eign Relations. *Richard J. Griffin, of Vir- By Mr. FRIST (for himself, Mrs. CLIN- TON, Mr. MARTINEZ, Mr. BINGAMAN, HOUSE CONCURRENT MEMORIAL 2006 ginia, to be an Assistant Secretary of State Mr. TALENT, Ms. MIKULSKI, Mr. Whereas, the United States of America has (Diplomatic Security). By Mr. SPECTER for the Committee on THUNE, and Mr. OBAMA): always been the world leader in pushing for S. 1262. A bill to reduce healthcare costs, the Judiciary. Terrence W. Boyle, of North free trade. which is a hallmark of our cap- improve efficiency, and improve healthcare Carolina, to be United States Circuit Judge italistic society; and quality through the development of a nation- for the Fourth Circuit. Rachel Brand, of Whereas, both the World Trade Organiza- wide interoperable health information tech- Iowa, to be an Assistant Attorney General. tion (WTO) and the North American Free nology system, and for other purposes; to the Alice S. Fisher, of Virginia, to be an Assist- Trade Agreement (NAFTA), through the use Committee on Health, Education, Labor, and ant Attorney General. of trade tribunals, now claim the sovereign Pensions. authority to overrule decisions of American *Nomination was reported with rec- By Mr. BOND: courts and make awards to foreign busi- ommendation that it be confirmed sub- S. 1263. A bill to amend the Small Business nesses for violations of trade agreements; ject to the nominee’s commitment to Act to establish eligibility requirements for and respond to requests to appear and tes- business concerns to receive awards under Whereas, the United States is considering tify before any duly constituted com- the Small Business Innovation Research Pro- entering into a new thirty-four member Free gram; to the Committee on Small Business Trade Area of the Americas (FTAA) in 2005. mittee of the Senate. and Entrepreneurship. Wherefore your memorialist, the House of (Nominations without an asterisk By Mr. CORZINE (for himself, Mrs. Representatives of the State of Arizona, the were reported with the recommenda- CLINTON, Mrs. MURRAY, Mr. LAUTEN- Senate concurring prays: tion that they be confirmed.) BERG, Mrs. BOXER, Ms. CANTWELL, Mr.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6741 KENNEDY, Mr. INOUYE, and Mr. GRASSLEY) was added as a cosponsor of ALLEN) was added as a cosponsor of S. KERRY): S. 37, a bill to extend the special post- 914, a bill to amend the Public Health S. 1264. A bill to provide for the provision age stamp for breast cancer research Service Act to establish a competitive by hospitals of emergency contraceptives to women, and post-exposure prophylaxis for for 2 years. grant program to build capacity in vet- sexually transmitted disease to individuals, S. 398 erinary medical education and expand who are survivors of sexual assault; to the At the request of Mr. SANTORUM, the the workforce of veterinarians engaged Committee on Health, Education, Labor, and name of the Senator from Alaska (Mr. in public health practice and bio- Pensions. STEVENS) was added as a cosponsor of medical research. By Mr. VOINOVICH (for himself, Mr. S. 398, a bill to amend the Internal S. 962 CARPER, Mrs. CLINTON, Mr. ISAKSON, Revenue Code of 1986 to expand the ex- RASSLEY Mrs. HUTCHISON, Mrs. FEINSTEIN, Mr. At the request of Mr. G , the INHOFE, and Mr. JEFFORDS): pensing of environmental remediation name of the Senator from Georgia (Mr. S. 1265. A bill to make grants and loans costs. ISAKSON) was added as a cosponsor of S. available to States and other organizations S. 441 962, a bill to amend the Internal Rev- to strengthen the economy, public health, At the request of Mr. SANTORUM, the enue Code of 1986 to allow a credit to and environment of the United States by re- name of the Senator from Alabama holders of qualified bonds issued to fi- ducing emissions from diesel engines; to the Committee on Environment and Public (Mr. SESSIONS) was added as a cospon- nance certain energy projects, and for Works. sor of S. 441, a bill to amend the Inter- other purposes. By Mr. ROBERTS: nal Revenue Code of 1986 to make per- S. 1076 S. 1266. An original bill to permanently au- manent the classification of a motor- At the request of Mr. TALENT, the thorize certain provisions of the Uniting and sports entertainment complex. name of the Senator from Illinois (Mr. Strengthening America by Providing Appro- S. 473 OBAMA) was added as a cosponsor of S. priate Tools Required to Intercept and Ob- struct Terrorism (USA PATRIOT) Act of At the request of Ms. CANTWELL, the 1076, a bill to amend the Internal Rev- 2001, to reauthorize a provision of the Intel- name of the Senator from Louisiana enue Code of 1986 to extend the excise ligence Reform and Terrorism Prevention (Ms. LANDRIEU) was added as a cospon- tax and income tax credits for the pro- Act of 2004, to clarify certain definitions in sor of S. 473, a bill to amend the Public duction of biodiesel. the Foreign Intelligence Surveillance Act of Health Service Act to promote and im- S. 1081 1978, to provide additional investigative tools prove the allied health professions. At the request of Mr. KYL, the name necessary to protect the national security, and for other purposes; from the Select Com- S. 642 of the Senator from Ohio (Mr. VOINO- mittee on Intelligence; placed on the cal- At the request of Mr. FRIST, the VICH) was added as a cosponsor of S. endar. name of the Senator from New Mexico 1081, a bill to amend title XVIII of the By Mr. BINGAMAN: (Mr. DOMENICI) was added as a cospon- Social Security Act to provide for a S. 1267. A bill to amend title IV of the sor of S. 642, a bill to support certain minimum update for physicians’ serv- Higher Education Act of 1965 to reauthorize national youth organizations, includ- ices for 2006 and 2007. the Gaining Early Awareness and Readiness for Undergraduate Programs, and for other ing the Boy Scouts of America, and for S. 1152 purposes; to the Committee on Health, Edu- other purposes. At the request of Mr. KERRY, the cation, Labor, and Pensions. S. 662 names of the Senator from New York f At the request of Ms. COLLINS, the (Mrs. CLINTON) and the Senator from Il- name of the Senator from Virginia (Mr. linois (Mr. DURBIN) were added as co- SUBMISSION OF CONCURRENT AND ALLEN) was added as a cosponsor of S. sponsors of S. 1152, a bill to amend title SENATE RESOLUTIONS 662, a bill to reform the postal laws of XVIII of the Social Security Act to The following concurrent resolutions the United States. eliminate discriminatory copayment and Senate resolutions were read, and S. 681 rates for outpatient psychiatric serv- referred (or acted upon), as indicated: At the request of Mr. HATCH, the ices under the Medicare Program. By Mr. BROWNBACK (for himself and name of the Senator from North Caro- S. 1153 Mr. CORZINE): lina (Mrs. DOLE) was added as a cospon- At the request of Mr. BUNNING, the S. Res. 172. A resolution affirming the im- portance of a national weekend of prayer for sor of S. 681, a bill to amend the Public name of the Senator from Virginia (Mr. the victims of genocide and crimes against Health Service Act to establish a Na- ALLEN) was added as a cosponsor of S. humanity in Darfur, Sudan, and expressing tional Cord Blood Stem Cell Bank Net- 1153, a bill to provide Federal financial the sense of the Senate that July 15 through work to prepare, store, and distribute incentives for deployment of advanced 17, 2005, should be designated as a national human umbilical cord blood stem cells coal-based generation technologies. weekend of prayer and reflection for Darfur; for the treatment of patients and to S. 1197 to the Committee on the Judiciary. By Mr. KENNEDY (for himself, Ms. support peer-reviewed research using At the request of Mr. BIDEN, the COLLINS, Mr. DODD, Mr. MCCAIN, Mr. such cells. names of the Senator from New Mexico BIDEN, and Mr. LEAHY): S. 772 (Mr. BINGAMAN), the Senator from S. Res. 173. A resolution expressing support At the request of Mr. CORNYN, the Maryland (Ms. MIKULSKI), the Senator for the Good Friday Agreement of 1998 as the name of the Senator from Alaska (Mr. from Rhode Island (Mr. CHAFEE), the blueprint for lasting peace in Northern Ire- STEVENS) was added as a cosponsor of Senator from New Jersey (Mr. land; to the Committee on Foreign Rela- tions. S. 772, a bill to amend the Internal CORZINE), the Senator from South Da- By Mr. MCCONNELL (for himself, Mrs. Revenue Code of 1986 to expand work- kota (Mr. JOHNSON) and the Senator FEINSTEIN, Mr. MCCAIN, Mr. FRIST, place health incentives by equalizing from Massachusetts (Mr. KERRY) were Mr. LUGAR, and Mr. REID): the tax consequences of employee ath- added as cosponsors of S. 1197, a bill to S. Res. 174. A resolution recognizing Bur- letic facility use. reauthorize the Violence Against mese democracy activist and Nobel Peace S. 889 Women Act of 1994. Laureate Aung San Suu Kyi as a symbol of S. 1244 the struggle for freedom in Burma; consid- At the request of Mr. REED, his name ered and agreed to. was added as a cosponsor of S. 889, a At the request of Mr. GRASSLEY, the By Mr. LEVIN (for himself and Ms. bill to amend title 49, United States name of the Senator from Maine (Ms. STABENOW): Code, to require phased increases in the COLLINS) was added as a cosponsor of S. S. Res. 175. A resolution commending the fuel efficiency standards applicable to 1244, a bill to amend the Internal Rev- University of Michigan softball team for light trucks, to require fuel economy enue Code of 1986 to allow individuals a winning the National Collegiate Athletic As- standards for automobiles up to 10,000 deduction for qualified long-term care sociation Division I Championship on June 8, 2005; considered and agreed to. pounds gross vehicle weight, to in- insurance premiums, use of such insur- crease the fuel economy of the Federal ance under cafeteria plans and flexible f fleet of vehicles, and for other pur- spending arrangements, and a credit ADDITIONAL COSPONSORS poses. for individuals with long-term needs. S. 37 S. 914 S. 1248 At the request of Mrs. FEINSTEIN, the At the request of Mr. ALLARD, the At the request of Ms. LANDRIEU, the name of the Senator from Iowa (Mr. name of the Senator from Virginia (Mr. name of the Senator from Illinois (Mr.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6742 CONGRESSIONAL RECORD — SENATE June 16, 2005 DURBIN) was added as a cosponsor of S. from Massachusetts (Mr. KERRY) were cruitment incentive. This change will 1248, a bill to establish a servitude and added as cosponsors of amendment No. help Federal agencies recruit and re- emancipation archival research clear- 784 proposed to H.R. 6, a bill Reserved. tain well-qualified graduates. inghouse in the National Archives. AMENDMENT NO. 788 This Congress, I have expanded S. 1250 At the request of Mr. DEWINE, the GOFEDS to our military because re- At the request of Mr. JEFFORDS, the names of the Senator from New York cent reports indicate that all four serv- name of the Senator from Illinois (Mr. (Mr. SCHUMER), the Senator from Or- ices missed their recruiting goals last DURBIN) was added as a cosponsor of S. egon (Mr. WYDEN), the Senator from Il- year. Unfortunately, military recruit- 1250, a bill to reauthorize the Great linois (Mr. DURBIN), the Senator from ing levels are now at a 30-year low. Ape Conservation Act of 2000. Iowa (Mr. HARKIN), the Senator from Under GOFEDS, military education S. CON. RES. 37 South Carolina (Mr. GRAHAM), the Sen- loan programs, like the Active-Duty At the request of Mr. DEWINE, the ator from Massachusetts (Mr. KEN- Loan Repayment Program will be of- names of the Senator from New Jersey NEDY), and the Senator from New Jer- fered on a tax free basis. (Mr. LAUTENBERG), the Senator from sey (Mr. LAUTENBERG) were added as With more than half of the Federal Colorado (Mr. SALAZAR), and the Sen- cosponsors of amendment No. 788 in- workforce eligible for retirement in the ator from Maryland (Mr. SARBANES) tended to be proposed to H.R. 6, a bill next 5 years and surveys showing that were added as cosponsors of S. Con. Reserved. fewer Americans find government serv- Res. 37, a concurrent resolution hon- f ices attractive, the need for this legis- oring the life of Sister Dorothy Stang. STATEMENTS ON INTRODUCED lation is even more necessary. I believe S. RES. 31 BILLS AND JOINT RESOLUTIONS the cost of this bill is minimal, but its At the request of Mr. COLEMAN, the potential impact is great. I urge all of By Mr. VOINOVICH (for himself, my colleagues to support this legisla- name of the Senator from Arkansas Mr. AKAKA, Ms. COLLINS, Mr. (Mrs. LINCOLN) was added as a cospon- tion and I am confident that it can be DURBIN, and Mr. STEVENS): enacted this year. sor of S. Res. 31, a resolution express- S. 1255. A bill to amend the Internal I ask unanimous consent that the ing the sense of the Senate that the Revenue Code of 1986 to exclude from text of the bill be printed in the week of August 7, 2005, be designated as gross income amounts paid on behalf of RECORD. ‘‘National Health Center Week’’ in Federal employees and members of the order to raise awareness of health serv- Armed Forces on active duty under There being no objection, the bill was ices provided by community, migrant, Federal student loan repayment pro- ordered to be printed in the RECORD, as public housing, and homeless health grams; to the Committee on Finance. follows: centers, and for other purposes. Mr. VOINOVICH. Mr. President, S. 1255 S. RES. 39 today I rise to introduce the Gener- Be it enacted by the Senate and House of Rep- At the request of Ms. LANDRIEU, the ating Opportunity by Forgiving Edu- resentatives of the United States of America in name of the Senator from Utah (Mr. cational Debt for Service Act of 2005, a Congress assembled, HATCH) was added as a cosponsor of S. bill that will help Federal agencies and SECTION 1. SHORT TITLE. Res. 39, a resolution apologizing to the the Armed Forces recruit talented indi- This Act may be cited as the ‘‘Generating victims of lynching and the descend- viduals to serve in all areas of the Fed- Opportunity by Forgiving Educational Debt ants of those victims for the failure of eral Government and the military. for Service Act of 2005’’. the Senate to enact anti-lynching leg- This legislation is a modestly expanded SEC. 2. EXCLUSION FOR STUDENT LOAN REPAY- islation. version of a bill I introduced in the MENTS BY THE FEDERAL GOVERN- S. RES. 165 108th Congress. MENT. At the request of Ms. SNOWE, the Current law authorizes Federal agen- (a) EXCLUSION FROM GROSS INCOME.—Sec- name of the Senator from Virginia (Mr. cies to pay student loans up to $10,000 tion 108(f) of the Internal Revenue Code of 1986 (relating to student loans) is amended ALLEN) was added as a cosponsor of S. a year with a cumulative cap of $60,000, but the incentive is taxed. Known as by adding at the end the following: Res. 165, a resolution congratulating ‘‘(5) STUDENT LOAN REPAYMENTS BY FED- GOFEDS, this bill would amend the the Small Business Development Cen- ERAL GOVERNMENT.—In the case of an indi- ters of the Small Business Administra- Federal tax code and allow the Federal vidual, gross income does not include any tion on their 25 years of service to Government’s student loan repayment payments made by the Federal Government America’s small business owners and programs to be offered on a tax-free on behalf of such individual under— entrepreneurs. basis. ‘‘(A)(i) section 5379 of title 5, United States In recent years, many educational in- Code; or AMENDMENT NO. 771 stitutions have established programs ‘‘(ii) any other similar Federal program for At the request of Mr. JEFFORDS, the that repay a portion of the student its employees; or name of the Senator from Connecticut loan debt their graduates owe. These ‘‘(B) section 510(e)(2), chapter 109, or chap- (Mr. LIEBERMAN) was added as a co- ter 1609 of title 10, United States Code.’’. programs are designed to encourage sponsor of amendment No. 771 intended (b) EXCLUSION FROM WAGES.— students to seek jobs with government to be proposed to H.R. 6, a bill Re- (1) IN GENERAL.—Section 3121(a) of such or non-profit organizations that cannot served. Code (defining wages) is amended— pay salaries commensurate with the (A) in paragraph (21), by striking ‘‘or’’ at AMENDMENT NO. 783 private sector upon graduation. Under the end; At the request of Mr. NELSON of Flor- current law, the amounts these institu- (B) in paragraph (22), by striking the pe- ida, the names of the Senator from tions offer their graduates as student riod at the end and inserting ‘‘; or’’; and Connecticut (Mr. DODD), the Senator loan repayment are not taxed as in- (C) by inserting after paragraph (22) the from Massachusetts (Mr. KENNEDY), come, provided the recipients choose to following: and the Senator from Maryland (Mr. ‘‘(23) any payment excluded from gross in- work for the government or non-profit come under section 108(f)(5) (relating to stu- SARBANES) were added as cosponsors of organizations. dent loan repayments by the Federal Gov- amendment No. 783 intended to be pro- Unfortunately, the Federal Tax Code ernment).’’. posed to H.R. 6, a bill Reserved. does not treat the Federal Govern- (2) SOCIAL SECURITY ACT.—Section 209(a) of At the request of Mr. BURR, his name ment’s loan repayment programs in the the Social Security Act (42 U.S.C. 409(a)) is was added as a cosponsor of amend- same way, considering such loan repay- amended by adding at the end the following: ment No. 783 intended to be proposed to ment as taxable income to the em- ‘‘(20) Any payment excluded from gross in- H.R. 6, supra. ployee. As a result, the net benefit of come under section 108(f)(5) of the Internal Revenue Code of 1986 (relating to student AMENDMENT NO. 784 any such program is reduced by the loan repayments by Federal Government).’’. At the request of Ms. CANTWELL, the amount of tax that the individual has (c) EFFECTIVE DATE.—The amendments names of the Senator from Illinois (Mr. to pay on the debt repaid. This bill made by this section shall apply to payments OBAMA), the Senator from Colorado would amend the tax code so that the made on or after the date of enactment of (Mr. SALAZAR), the Senator from North Government does not continue to un- this Act in taxable years ending after such Dakota (Mr. DORGAN), and the Senator dermine its own loan repayment re- date.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6743 By Mr. BIDEN: first half hour.’’ Let me say that again, This threat and the lack of action by S. 256. A bill to require the Secretary according to a study by the Naval Re- the Department of Homeland Security of Homeland Security to develop regu- search Laboratory ‘‘over 100,000 people has led many city officials to consider lations regarding the transportation of could be seriously harmed or killed in local legislation to ban shipments of extremely hazardous materials, and for the first half hour.’’ hazardous materials. Right now, a dis- other purposes; to the Committee on Terrorist groups already understand pute between the District of Columbia Commerce, Science, and Transpor- the potential impact of such an attack. and the transportation companies tation. The FBI and CIA have uncovered evi- joined by the Bush administration is Mr. BIDEN. Mr. President, I rise dence that terrorists have targeted being litigated in Federal courts. Other today to introduce the Hazardous Ma- chemical shipments, and just a few cities, such as Philadelphia and Boston terials Vulnerability Reduction Act of months ago during testimony before are considering similar action. As a 2005. It is regretful that I am intro- the Senate Intelligence Committee, former county executive, I am sympa- ducing this legislation, as the Depart- FBI Director Mueller indicated that thetic to the plight of local officials, ment of Homeland Security has all of threats to rail remain a key concern. and they should certainly be allowed to the legal authorities necessary to un- This should not be a surprise. Rail sys- exercise their police powers in appro- dertake the steps set out in this legis- tems are the most frequently attacked priate situations. I believe, and I am lation. However, nearly 4 years after targets worldwide, and the wide open sure most local officials would agree, September 11, the Department of nature of their architecture makes that it would be better to have a na- Homeland Security is still not doing them vulnerable at many points. In tional, comprehensive policy on this its job. Quite frankly, officials at the other words, rail systems present many issue. This is simply too important to Department of Homeland Security are soft targets. Incidentally, I have intro- have a patchwork strategy. The De- either unaware, or even worse, they are duced separate legislation in the last partment of Homeland Security should purposely ignoring a grave threat to three Congresses that would provide have already done this. Unfortunately, our cities. Hazardous materials being $1.2 billion to eliminate some of the they have not, and this legislation will transported by 90-ton rail tankers has vulnerabilities in our rail system; how- require the Department to take some been described as a ‘‘uniquely dan- ever, this legislation has not been sup- basic, fundamental steps to enhance gerous’’ threat—comparable only to a ported by the Bush administration and safety for the American people. nuclear or biological attack. According it has not passed Congress. In fact, the The legislation that I am introducing to the Department of Homeland Secu- administration has not asked for a sin- requires the Department of Homeland rity and the Department of Transpor- gle dime specifically for rail security. Security to issue regulations estab- tation, these materials pose special This is very troubling because we know lishing a national policy for dealing risks during transportation because that the modus operandi for many ter- with the transport of the world’s most their uncontrolled release can endan- rorist groups is to cause mass casual- dangerous chemicals by rail through ger significant numbers of people. In ties and spectacular damage. According our high threat cities. It will require addition, there have been countless re- to the Chlorine Institute, an attack on the Department to develop protocols ports of lax security along the urban a 90-ton tanker could create a toxic for the notification of State and local area rail routes they travel. Neverthe- cloud 40 miles long and 10 miles wide. officials, and it will require the Depart- less, the administration has done noth- The Environmental Protection Agency ment to study and report to Congress ing to reduce this threat. The legisla- estimates that in an urban area this regarding security enhancing measures tion that I am introducing today will toxic cloud could extend 14 miles. Can such as secondary containment tech- require the Department of Homeland you imagine the psychological impact nologies, GPS tracking of shipments, Security to develop a comprehensive, of a toxic cloud of poisonous gas ex- and the feasibility of smaller, more se- risk-based strategy for reducing the panding and moving slowly over one of cure tankers. The bill also includes a threat of a terrorist attack on ex- our major metropolitan areas—leaving provision requiring the Department of tremely hazardous materials in our Na- death and chaos in its path? Homeland Security to work with State tion’s high-threat cities. The steps set Given the potential damage and the and local officials, the rail industry out in this legislation should have been direct threat against chemical rail and other stakeholders to develop a taken years ago, but it is clear that the tankers, you would think that the strategy for rerouting a small fraction Department of Homeland Security will Bush administration has been busy re- of the most dangerous materials not act. I hope that my colleagues will ducing or eliminating this threat. Un- around our most threatened city. It is join me in passing this legislation to fortunately, as with so many other estimated that only 5 percent of all require them to act. areas involving our homeland security hazardous materials shipped by rail Within just a few miles of where we this does not appear to be the case. In will be subjected to this regulation. Fi- stand right now, rail tankers carrying January testimony before the Senate nally, the bill will provide $100 million the world’s most dangerous chemicals Homeland Security Committee, Mr. to State and local governments and are being transported over tracks that Falkenrath stated that ‘‘to date, the rail operators to purchase safety equip- are not sufficiently safeguarded or Federal Government has not made a ment and provide training to first re- monitored. According to Richard A. material reduction in the inherent vul- sponders and rail workers who are like- Falkenrath, a former homeland secu- nerability of hazardous chemical tar- ly to discover and respond to an inci- rity adviser to President Bush, this gets inside the United States.’’ He went dent involving hazardous materials. An threat stands out ‘‘as acutely vulner- on to say that this should be the high- additional $10 million will be made able and almost uniquely dangerous.’’ est priority for the Department of available to the National Labor College He is not alone in this opinion. The Homeland Security. A Wall Street to provide further training for rail Homeland Security Council released a Journal article written last year— workers. report in July 2004 indicating that an ‘‘Graffiti Artists Put Their Mark on I realize that the rail industry has in- explosion, in an urban area, of a rail War Against Terrorism’’—provides a vested considerable amounts of its own tanker carrying chlorine could kill up chilling example of the exposure of money to enhance security since Sep- to 17,500 individuals and could require these chemical tankers. The reporter tember 11, and this legislation is not an the hospitalization of nearly 100,000. An followed a graffiti artist to a railroad indictment of their efforts. I have been analysis by the Naval Research Lab- tunnel along tracks that run near I–395 pushing to get more Federal funding oratory depicted a more troubling sce- not far from where we stand. As he was for rail security for years, but this plea nario when it studied the potential for conducting the interview, a tanker car- has fallen on deaf ears within the ad- damage if an attack occurred while an rying dangerous chemicals rolled by on ministration. I realize that we cannot event was being held on the National an adjacent track. The graffiti artist eliminate every conceivable risk, but Mall, such as the annual Fourth of noted that ‘‘it wouldn’t be hard at all at a time when we have troops overseas July celebration. According to this for someone like Al Qaeda to wait right fighting the war on terror and our Na- analysis, ‘‘over 100,000 people could be here for the right poison and bang! tion’s law enforcement agencies are on seriously harmed or even killed in the Good-bye Washington.’’ high alert, the least that we should do

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6744 CONGRESSIONAL RECORD — SENATE June 16, 2005 is ensure that we have a national strat- good, recent accidental releases of extremely tremely hazardous materials in rail tankers egy for handling a threat that is com- hazardous materials in rural South Carolina or any other medium utilized to transport parable in scope to a nuclear or bio- and San Antonio, Texas, demonstrate the extremely hazardous materials by rail. logical attack. I will close by again re- fatal danger posed by extremely hazardous SEC. 3. REGULATIONS FOR TRANSPORT OF EX- materials. TREMELY HAZARDOUS MATERIALS. ferring to the grave warning set out in (12) Security experts have determined that (a) PURPOSES OF REGULATIONS.—The regu- the study by the Naval Research Lab- re-routing these rail shipments is the only lations issued under this section shall estab- oratory—‘‘over 100,000 people could be way to immediately eliminate this danger in lish a national, risk-based policy for ex- seriously harmed or even killed in the high threat areas, which currently puts hun- tremely hazardous materials transported by first half hour’’ of an attack. The dan- dreds of thousands of people at risk. rail or being stored. To the extent the Sec- ger is simply too great to ignore, and I (13) Security experts have determined that retary determines appropriate, the regula- ask my colleagues to join me in pass- the primary benefit of re-routing the ship- tions issued under this section shall be con- ment of extremely hazardous materials is a sistent with other Federal, State, and local ing this critical legislation. regulations and international agreements re- Mr. President, I ask unanimous con- reduction in the number of people that would be exposed to the deadly impact of the re- lating to shipping or storing extremely haz- sent that the text of the bill be printed lease due to an attack, and the principal cost ardous materials. in the RECORD. would be the additional operating expense (b) ISSUANCE OF REGULATIONS.—Not later There being no objection, the text of associated with possible increase inhaul for than 90 days after the date of enactment of the bill was ordered to be printed in the shipment of extremely hazardous mate- this Act, the Secretary shall issue, after no- the RECORD, as follows: rials. tice and opportunity for public comment, regulations concerning the rail shipment and S. 1256 (14) Less than 5 percent of all hazardous materials shipped by rail will meet the defi- storage of extremely hazardous materials by Be it enacted by the Senate and House of Rep- owners and operators of railroads. In devel- resentatives of the United States of America in nition of extremely hazardous materials under this Act. oping such regulations, the Secretary shall Congress assembled, consult with other Federal, State, and local SECTION 1. SHORT TITLE; FINDINGS. SEC. 2. DEFINITIONS. government entities, security experts, rep- (a) SHORT TITLE.—This Act may be cited as In this Act, the following definitions apply: resentatives of the hazardous materials rail the ‘‘Hazardous Materials Vulnerability Re- (1) EXTREMELY HAZARDOUS MATERIAL.—The shipping industry, labor unions representing duction Act of 2005’’. term ‘‘extremely hazardous material’’ means persons who work with hazardous materials (b) FINDINGS.—Congress makes the fol- any chemical, toxin, or other material being in the rail shipping industry, and other in- lowing findings: shipped or stored in sufficient quantities to terested persons, including private sector in- (1) Congress has specifically given the De- represent an acute health threat or have a terest groups. partment of Homeland Security, working in high likelihood of causing injuries, casual- (c) REQUIREMENTS.—The regulations issued conjunction with the Department of Trans- ties, or economic damage if successfully tar- under this section shall— portation and other Federal agencies, the geted by a terrorist attack, including mate- (1) include a list of the high threat cor- primary authority for the security of the rials that— ridors designated by the Secretary; United States transportation sector, includ- (A) are— (2) contain the criteria used by the Sec- ing passenger and freight rail. (i) toxic by inhalation; retary to determine whether an area quali- (2) This authority includes the responsi- (ii) extremely flammable; or fies as a high threat corridor; bility to protect American citizens from ter- (iii) highly explosive; (3) include a list of extremely hazardous rorist incidents related to the transport by (B) contain high level nuclear waste; or materials; rail of extremely hazardous materials. (C) are otherwise designated by the Sec- (4) establish protocols for owners and oper- (3) Federal agencies have determined that retary as extremely hazardous. ators of railroads that ship extremely haz- hazardous materials can be used as tools of (2) HIGH THREAT CORRIDOR.— ardous materials regarding notifying all gov- destruction and terror and that extremely (A) IN GENERAL.—The term ‘‘high threat ernors, mayors, and other designated offi- hazardous materials are particularly vulner- corridor’’ means a geographic area that has cials and local emergency responders in a able to sabotage or misuse during transport. been designated by the Secretary as particu- high threat corridor of the quantity and type (4) The Federal Bureau of Investigation larly vulnerable to damage from the release of extremely hazardous materials that are and the Central Intelligence Agency have of extremely hazardous materials, includ- transported by rail through the high threat found evidence suggesting that chemical ing— corridor; tankers used to transport and store ex- (i) large populations centers; (5) require reports regarding the transport tremely hazardous chemicals have been tar- (ii) areas important to national security; by railroad of extremely hazardous materials geted by terrorist groups. (iii) areas that terrorists may be particu- by the Secretary to local governmental offi- (5) Rail shipments of extremely hazardous larly likely to attack; or cials designated by the Secretary, and Local materials are often routed through highly (iv) any other area designated by the Sec- Emergency Planning Committees, estab- attractive targets and densely populated retary as vulnerable to damage from the rail lished under the Emergency Planning and areas, including within a few miles of the shipment or storage of extremely hazardous Community Right to Know Act of 1986 (42 White House and United States Capitol. materials. U.S.C. 11001 et seq.); (6) According to security experts, certain (B) OTHER AREAS.— (6) establish protocols for the coordination extremely hazardous materials present a (i) IN GENERAL.—Any city that is not des- of Federal, State, and local law enforcement mass casualty terrorist potential rivaled ignated as a high threat corridor under sub- authorities in creating a plan to respond to only by improvised nuclear devices, certain paragraph (A) may file a petition with the a terrorist attack, sabotage, or accident in- acts of bioterrorism, and the collapse of Secretary to be so designated. volving a rail shipment of extremely haz- large occupied buildings. (ii) PROCEDURE.—The Secretary shall es- ardous materials that causes the release of (7) A report by the Chlorine Institute found tablish, by rule, regulation, or order, proce- such materials; that a 90-ton rail tanker, if successfully tar- dures for petitions under clause (i), includ- (7) require that any rail shipment con- geted by an explosive device, could cause a ing— taining extremely hazardous materials be re- catastrophic release of an extremely haz- (I) designating the local official eligible to routed around any high threat corridor; and ardous material, creating a toxic cloud 40 file a petition; (8) establish standards for the Secretary to miles long and 10 miles wide. (II) establishing the criteria a city shall in- grant exceptions to the re-routing require- (8) The Environmental Protection Agency clude in a petition; ment under paragraph (7). estimates that in an urban area a toxic cloud (III) allowing a city to submit evidence (d) HIGH THREAT CORRIDORS.— could extend for 14 miles. supporting its petition; and (1) IN GENERAL.—The criteria under sub- (9) The United States Naval Research Lab- (IV) requiring the Secretary to rule on the section (c)(2) for determining whether an oratories concluded that a toxic plume of petition not later than 60 days after the date area qualifies as a high threat corridor may this type, created while there was a public of submission of the petition. be the same criteria used for the distribution event on the National Mall, could kill or in- (iii) NOTICE.—The Secretary’s decision re- of funds under the Urban Area Security Ini- jure up to 100,000 people in less than 30 min- garding any petition under clause (i) shall be tiative program. utes. communicated to the requesting city, the (2) INITIAL LIST.—If the Secretary is unable (10) According to security experts, rail Governor of the State in which the city is lo- to complete the review necessary to deter- shipments of extremely hazardous materials cated, and the Senators and Members of the mine which areas should be designated as are particularly vulnerable and dangerous, House of Representatives that represent the high threat corridors within 90 days after the however the Federal Government has made State in which the city is located. date of enactment of this Act, the initial list no material reduction in the inherent vul- (3) SECRETARY.—The term ‘‘Secretary’’ shall be the cities that receive funding under nerability of hazardous chemical targets in- means the Secretary of Homeland Security the Urban Areas Security Initiative Program side the United States. or the Secretary’s designee. in fiscal year 2004. (11) While the safety record related to rail (4) STORAGE.—The term ‘‘storage’’ means (e) EXTREMELY HAZARDOUS MATERIALS shipments of hazardous materials is very any temporary or long-term storage of ex- LIST.—If the Secretary is unable to complete

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6745 the review necessary to determine which ma- (I) security precautions; ployee organizations with experience in con- terials should be designated extremely haz- (II) monitoring programs; and ducting training regarding the transpor- ardous materials under subsection (c)(3) (III) employee training measures utilized; tation of hazardous materials on railways for within 90 days of the date of enactment of and the purpose of training railway workers who this Act, the initial list shall include— (iii) an emergency response program that are likely to discover, witness, or otherwise (1) explosives classified as Class 1, Division provides for specific actions to be taken in identify a release of extremely hazardous 1.1, or Class 1, Division 1.2, under section response to the release of an extremely haz- materials and to prevent or respond appro- 173.2 of title 49, Code of Federal Regulations, ardous material, including procedures for in- priately to the incident. in a quantity greater than 500 kilograms; forming the public and Federal, State, and ‘‘(B) The Secretary of Transportation shall (2) flammable gasses classified as Class 2, local agencies responsible for responding to delegate authority for the administration of Division 2.1, under section 173.2 of title 49, the release of an extremely hazardous mate- the Railway Hazmat Training Program to Code of Federal Regulations, in a quantity rial. the Director of the National Institute of En- greater than 10,000 liters; (h) TRANSPORTATION AND STORAGE OF EX- vironmental Health Sciences under sub- (3) poisonous gasses classified as Class 2, TREMELY HAZARDOUS MATERIALS THROUGH section (g). In administering the program Division 2.3, under section 173.2 of title 49, HIGH THREAT CORRIDORS.— under this paragraph, the Director of the Na- Code of Federal Regulations, that are also (1) IN GENERAL.—The standards for the Sec- tional Institute of Environmental Health assigned to Hazard Zones A or B under sec- retary to grant exceptions under subsection Sciences shall consult closely with the Sec- tion 173.116 of title 49, Code of Federal Regu- (c)(8) shall require a finding of special cir- retary of Transportation and the Secretary lations, in a quantity greater than 500 liters; cumstances by the Secretary, including of Homeland Security.’’. (4) poisonous materials, other than gasses, that— (2) AUTHORIZATION OF APPROPRIATIONS.— classified as Class 6, Division 6.1, under sec- (A) the shipment originates in or is des- Section 5127 of title 49, United States Code, tion 173.2 of title 49, Code of Federal Regula- tined to the high threat corridor; is amended by adding at the end the fol- tions, that are also assigned to Hazard Zones (B) there is no practical alternate route; lowing: A or B under section 173.116 of title 49, Code (C) there is an unanticipated, temporary ‘‘(h) RAILWAY HAZMAT TRAINING PRO- of Federal Regulations, in a quantity greater emergency that threatens the lives of people GRAM.—There are authorized to be appro- than 1,000 kilograms; and in the high threat corridor; or priated $10,000,000 for each of fiscal years (5) anhydrous ammonia classified as Class (D) there would be no harm to persons or 2006, 2007, and 2008 to carry out section 2, Division 2.2, under section 173.2 of title 49, property beyond the property of the owner or 5116(j)(6).’’. Code of Federal Regulations, in a quantity operator of the railroad in the event of a suc- SEC. 5. RESEARCH AND DEVELOPMENT. greater than 1,000 kilograms. cessful terrorist attack on the shipment. (f) NOTIFICATION.— (a) TRANSPORT.— (2) PRACTICAL ALTERNATE ROUTES.—Wheth- (1) IN GENERAL .—The protocols under sub- (1) IN GENERAL.—Not later than 90 days er a shipper must utilize an interchange section (c)(4) shall establish the required fre- after the date of enactment of this Act, the agreement or otherwise utilize a system of quency of reporting by an owner and oper- Secretary shall conduct a study of the bene- ator of a railroad to the Governors, Mayors, tracks or facilities owned by another oper- fits and availability of technology and proce- and other designated officials and local ator shall not be considered by the Secretary dures that may be utilized to— emergency responders in a high threat cor- in determining whether there is a practical (A) reduce the likelihood of a terrorist at- ridor. alternate route under paragraph (1)(B). tack on a rail shipment of extremely haz- (3) GRANT OF EXCEPTION.—If the Secretary (2) REPORTS TO SECRETARY.—The protocols ardous materials; under subsection (c)(4) shall require owners grants an exception under subsection (c)(8)— (B) reduce the likelihood of a catastrophic and operators of railroad to make annual re- (A) the extremely hazardous material may release of extremely hazardous materials in ports to the Secretary regarding the trans- not be stored in the high threat corridor, in- the event of a terrorist attack; and portation of extremely hazardous materials, cluding under a leased track or rail siding (C) enhance the ability of first responders and to make quarterly updates if there has agreement; and to respond to a terrorist attack on a rail been any significant change in the type, (B) the Secretary shall notify Federal, shipment of extremely hazardous materials quantity, or frequency of shipments. State, and local law enforcement and first and other required activities in the event of (3) CONSIDERATIONS.—In developing proto- responder agencies (including, if applicable, such an attack. cols under subsection (c)(4), the Secretary transit, railroad, or port authority agencies) (2) MATTERS STUDIED.—The study con- shall consider both the security needs of the within the high threat corridor. ducted under this subsection shall include United States and the interests of State and SEC. 4. SAFETY TRAINING. the evaluation of— local governmental officials. (a) HOMELAND SECURITY GRANT PROGRAM.— (A) whether safer alternatives to 90-ton (g) REPORTS.— (1) IN GENERAL.—The Secretary may award rail tankers exist; (1) FREQUENCY.— grants to local governments and owners and (B) the feasibility of requiring chemical (A) IN GENERAL.—The Secretary shall make operators of railroads to conduct training re- shippers to electronically track the move- an annual report to local governmental offi- garding safety procedures for handling and ments of all shipments of extremely haz- cials and Local Emergency Planning Com- responding to emergencies involving ex- ardous materials and report this information mittees under subsection (c)(5). tremely hazardous materials. to the Department of Homeland Security on (B) UPDATES.—If there has been any sig- (2) USE OF FUNDS.—Grants under this sub- an ongoing basis as such shipments are nificant change in the type, quantity, or fre- section may be used to provide training and transported; and quency of rail shipments in a geographic purchase safety equipment for individuals (C) the feasibility of utilizing finger-print area, the Secretary shall make a quarterly who— based access controls for all chemical con- update report to local governmental officials (A) transport, load, unload, or are other- veyances. and Local Emergency Planning Committees wise involved in the shipment of extremely (3) REPORTING.—Not later than 180 days in that geographic area. hazardous materials; after the date of enactment of this Act, the (2) CONTENTS.—Each report made under (B) would respond to an accident or inci- Secretary shall submit a report to Congress subsection (c)(5) shall incorporate informa- dent involving a shipment of extremely haz- describing the findings of the study con- tion from the reports under subsection (c)(4) ardous materials; and ducted under this subsection, which shall in- and shall include— (C) would repair transportation equipment clude recommendations and cost estimates (A) a good-faith estimate of the total num- and facilities in the event of such an acci- for securing shipments of extremely haz- ber of rail cars containing extremely haz- dent or incident. ardous materials. ardous materials shipped through or stored (3) APPLICATION.—A local government or (b) PHYSICAL SECURITY.— in each metropolitan statistical area; and owner or operator of a railroad desiring a (1) IN GENERAL.—Not later than 90 days (B) if a release from a railcar carrying or grant under this subsection shall submit an after the date of enactment of this Act, the storing extremely hazardous materials is application at such time, in such manner, Secretary shall conduct a study of the phys- likely to harm persons or property beyond and accompanied by such information as the ical security measures available for rail the property of the owner or operator of the Secretary may reasonably establish. shipments of extremely hazardous materials railroad, a risk management plan that pro- (4) AUTHORIZATION OF APPROPRIATIONS.— that will reduce the risk of leakage or re- vides— There are authorized to be appropriated lease in the event of a terrorist attack or (i) a hazard assessment of the potential ef- $100,000,000 to carry out this subsection. sabotage. fects of a release of the extremely hazardous (b) RAILWAY HAZMAT TRAINING PROGRAM.— (2) MATTERS STUDIED.—The study con- materials, including— (1) PROGRAM.—Section 5116(j) of title 49, ducted under this subsection shall consider (I) an estimate of the potential release United States Code, is amended by adding at the use of passive secondary containment of quantities; and the end the following: tanker valves, additional security force per- (II) a determination of the downwind ef- ‘‘(6) RAILWAY HAZMAT TRAINING PROGRAM.— sonnel, surveillance technologies, barriers, fects, including the potential exposures to ‘‘(A) In order to further the purposes of decoy rail cars, and methods to minimize affected populations; subsection (b), the Secretary of Transpor- delays during shipping. (ii) a program to prevent a release of ex- tation shall, subject to the availability of (3) REPORTING.—Not later than 180 days tremely hazardous materials, including— funds, make grants to national nonprofit em- after the date of enactment of this Act, the

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6746 CONGRESSIONAL RECORD — SENATE June 16, 2005 Secretary shall submit a report to Congress (B) a civil penalty of not more than private actions against a foreign ter- describing the findings of the study con- $1,000,000. rorist government when we passed the ducted under this subsection, which shall (b) ADMINISTRATIVE PENALTIES.— Flatow Amendment in 1996. Now, some contain recommendations and cost estimates (1) IN GENERAL.—The Secretary may issue 9 years and over 50 successful cases for securing shipments of extremely haz- an order imposing an administrative penalty ardous materials. of not more than $1,000,000 for each failure by later, the Federal Appellate Court for (c) LEASED TRACK STORAGE ARRANGE- a person (other than an individual) who the District of Columbia Circuit in MENTS.— transports, loads, unloads, or is otherwise in- Cicippio-Puleo v. Islamic Republic of (1) IN GENERAL.—Not later than 90 days volved in the shipping of extremely haz- Iran, 353 F.3d 1024 D.C., 2004, has held after enactment of this Act, the Secretary ardous materials to comply with this Act. that the Flatow amendment did not shall conduct a study of available alter- (2) NOTICE AND HEARING.—Before issuing an create a private right of action against natives to storing extremely hazardous ma- order under paragraph (1), the Secretary a foreign terrorist government. Accord- terials in or on leased track facilities. shall provide the person who allegedly vio- ingly, the initial section of this bill (2) MATTERS STUDIED.—The study con- lated this Act— will correct Cicippio-Puleo by explicitly ducted under this subsection shall— (A) written notice of the proposed order; (A) evaluate the extent of the use of leased and inserting language into the Flatow track facilities and the security measures (B) the opportunity to request, not later amendment enabling U.S. citizens to that should be taken to secure leased track than 30 days after the date on which the per- once again bring private suits against facilities; and son received the notice, a hearing on the pro- foreign terrorist governments who (B) assess means to limit the consequences posed order. have murdered or maimed their loved of an attack on extremely hazardous mate- (3) PROCEDURES.—Not later than 90 days ones. rials stored on leased track facilities to after the date of enactment of this Act, the The second section of the bill elimi- nearby communities. Secretary shall issue regulations estab- nating many of the barriers which have (3) REPORT.—Not later than 180 days after lishing procedures for administrative hear- prevented U.S. citizens from collecting the date of enactment of this Act, the Sec- ings and the appropriate review of penalties retary shall submit a report to Congress de- issued under this subsection, including es- on court ordered damages against state scribing the findings of the study conducted tablishing deadlines. sponsors of terrorism. The bill does under this subsection, which shall contain this by changing the legal standard of recommendations and cost estimates for se- By Mr. SPECTER (for himself the Bancec doctrine from day to day- curing shipments of extremely hazardous and Mr. LAUTENBERG): managerial control to those under the materials. S. 1257. A bill to amend title 28, beneficial ownership of the state. The SEC. 6. WHISTLEBLOWER PROTECTION. United States Code, to clarify that per- Supreme Court enunciated the so- (a) PROHIBITION AGAINST DISCRIMINATION.— sons may bring private rights of ac- called Bancec doctrine in First Nat’l No owner or operator of a railroad may dis- tions against foreign states for certain City Bank v. Banco Para EI Comercio Ex- charge or otherwise discriminate against any terrorist acts, and for other purposes; terior de Cuba, 462 U.S. 611, 626–27, 1983. employee with respect to compensation, terms, conditions, or privileges of employ- to the Committee on the Judiciary. In this case, the U.S. Supreme Court ment because the employee (or any person Mr. SPECTER. Mr. President, along created a presumption against a party acting pursuant to the request of the em- with my colleague, Senator LAUTEN- that seeks to satisfy an outstanding ployee) provided information to the Sec- BERG, I am introducing the Justice for judgment against a foreign government retary, the Attorney General, or any Federal Marine Corps Families—Victims of by seizing the foreign government’s as- supervisory agency regarding a possible vio- Terrorism Act. I am submitting this sets. This section of the bill will ease lation of any provision of this Act by the legislation on behalf of the families of the burden on the families of victims of owner or operator of a railroad or any direc- the brave servicemen who died when terrorism by permitting them to at- tor, officer, or employee of an owner or oper- ator of a railroad. terrorists—with the support of the tach the hidden assets of terrorist (b) ENFORCEMENT.—Any employee or Government of Iran—sent a suicide states held within the United States. former employee who believes that such em- bomber into the Marine Corps Barracks Finally, the remaining portions of the ployee has been discharged or discriminated in Beirut, Lebanon, on October 23, 1983, bill would create a mechanism whereby against in violation of subsection (a) may killing 241 U.S. servicemen—18 sailors, a lien could be filed in any jurisdiction file a civil action in the appropriate United 3 soldiers, and 220 marines. in the United States where a state States district court before the end of the 2- This legislation clarifies a private sponsor of terrorism directly or indi- year period beginning on the date of such right of action, in Federal courts, for rectly owns assets. This would prevent discharge or discrimination. U.S. citizens against state sponsors of (c) REMEDIES.—If the district court deter- foreign state sponsors of terrorism mines that a violation has occurred, the terrorism and will ultimately make it from removing these assets from the court may order the owner or operator of a easier for victims of such acts to col- country after the passage of this legis- railroad that committed the violation to— lect court-ordered damages against lation. (1) reinstate the employee to the employ- state-sponsors of terrorism. The spe- On October 23, 2004, in Philadelphia, I ee’s former position; cific provisions of the legislation have was privileged to take part in a memo- (2) pay compensatory damages; or been drafted to harmonize existing rial service held in honor of the serv- (3) take other appropriate actions to rem- statutory law with the recent decision icemen killed in the 1983 Beirut attack. edy any past discrimination. Some of the family members of those (d) LIMITATION.—The protections of this by the District of Columbia circuit in section shall not apply to any employee Cicippio-Puleo v. Islamic Republic of killed attended the event. Their mov- who— Iran, 353 F.3d 1024, D.C. Cir. 2004, which ing comments about how they had been (1) deliberately causes or participates in held that ‘‘neither 28 U.S.C. § 1605(a)(7) denied the ability to seek legal redress, the alleged violation of law or regulation; or nor the Flatow Amendment to the For- despite clear findings implicating Iran (2) knowingly or recklessly provides sub- eign Sovereign Immunities Act. . . ., in the attacks, were both poignant and stantially false information to the Sec- nor the two considered in tandem, cre- persuasive. It is vitally important to retary, the Attorney General, or any Federal ates a private right of action against a victims’ families that they have a pri- supervisory agency. foreign government.’’ 353 F.3d 1024, vate right of action against the state SEC. 7. PENALTIES. 1032–33 (D.C. Cir. 2004). This bill will sponsor itself, not just against its offi- (a) RIGHT OF ACTION.— (1) IN GENERAL.—Any State or local govern- permit the families of the brave serv- cials, employees, or agents acting in ment may bring a civil action in a United icemen who died at the Marine Corps their official capacity. These victims States district court for redress of injuries Barracks in Beirut, Lebanon, to collect and their families deserve not only a caused by a violation of this Act against any court-ordered damages against state- day in court but also the ability to re- person (other than an individual) who trans- sponsors of terrorism such as Iran. cover damages from these terrorist ports, loads, unloads, or is otherwise in- The initial section of the bill clari- states that commit, direct, or materi- volved in the shipping of extremely haz- fies that victims of a state-sponsored ally support terrorist acts against ardous materials by rail and who violated terrorist attack are permitted to bring American citizens or nationals. This this Act. (2) RELIEF.—In an action under paragraph a private suit against the sponsoring bill reaffirms that the United States (1), a State or local government may seek, foreign terrorist government. Congress will not tolerate state-sponsored ter- for each violation of this Act— first allowed U.S. citizen victims of rorism. Accordingly, I urge my col- (A) an order for injunctive relief; and state sponsored terrorism to pursue leagues to join us in support of this

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6747 bill. I yield the floor. I ask unaminous instrumentality of a foreign state, only if or (h) of section 1605 of title 28, United consent that the text of the bill be filed under section 1292 of this title.’’. States Code, shall be filed by the clerk of the (b) CONFORMING AMENDMENT.—Section 589 printed in the RECORD. district court in the same manner as any of the Foreign Operations, Export Financing, There being no objection, the text of pending action and shall be indexed by list- and Related Programs Appropriations Act, ing as defendants all named defendants and the bill was ordered to be printed in 1997, as contained in section 101(a) of Divi- all entities listed as controlled by any de- the RECORD, as follows: sion A of Public Law 104–208 (110 Stat. 3009– fendant. S. 1257 172; 28 U.S.C. 1605 note), is repealed. (b) ENFORCEMENT.—Liens established by Be it enacted by the Senate and House of Rep- SEC. 2. PROPERTY SUBJECT TO ATTACHMENT reason of subsection (a) shall be enforceable resentatives of the United States of America in EXECUTION. as provided in chapter 111 of title 28, United Congress assembled, Section 1610 of title 28, United States Code, States Code. is amended by adding at the end the fol- SECTION 1. CLARIFICATION OF PRIVATE RIGHT SEC. 5. APPLICABILITY. OF ACTION AGAINST TERRORIST lowing: (a) IN GENERAL.—The amendments made by STATES; DAMAGES. ‘‘(g) PROPERTY INTERESTS IN CERTAIN AC- this Act apply to any claim for which a for- (a) RIGHT OF ACTION.—Section 1605 of title TIONS.— eign state is not immune under subsection 28, United States Code, is amended— ‘‘(1) IN GENERAL.—A property interest of a (a)(7) or (h) of section 1605 of title 28, United (1) in subsection (f), in the first sentence, foreign state, or agency or instrumentality States Code, arising before, on, or after the by inserting ‘‘or (h)’’ after ‘‘subsection of a foreign state, against which a judgment date of the enactment of this Act. (a)(7)’’; and is entered under subsection (a)(7) or (h) of (b) PRIOR CAUSES OF ACTION.—In the case (2) by adding at the end the following: section 1605, including a property interest of any action that— ‘‘(h) CERTAIN ACTIONS AGAINST FOREIGN that is a separate juridical entity, is subject (1) was brought in a timely manner but was STATES OR OFFICIALS, EMPLOYEES, OR AGENTS to execution upon that judgment as provided dismissed before the enactment of this Act OF FOREIGN STATES.— in this section, regardless of— for failure to state of cause of action, and ‘‘(1) CAUSE OF ACTION.— ‘‘(A) the level of economic control over the (2) would be cognizable by reason of the ‘‘(A) CAUSE OF ACTION.—A foreign state des- property interest by the government of the amendments made by this Act, the 10-year ignated as a state sponsor of terrorism under foreign state; limitation period provided under section section 6(j) of the Export Administration Act ‘‘(B) whether the profits of the property in- 1605(f) of title 28, United States Code, shall of 1979 (50 U.S.C. App. 2405(j)) or section 620A terest go to that government; be tolled during the period beginning on the of the Foreign Assistance Act of 1961 (22 ‘‘(C) the degree to which officials of that date on which the action was first brought U.S.C. 2371), or an official, employee, or government manage the property interest or and ending 60 days after the date of the en- agent of such a foreign state, shall be liable otherwise control its daily affairs; actment of this Act. to a national of the United States (as that ‘‘(D) whether that government is the real term is defined in section 101(a)(22) of the beneficiary of the conduct of the property in- By Mr. CHAMBLISS: Immigration and Nationality Act (8 U.S.C. terest; or S. 1258. A bill to designate the build- ‘‘(E) whether establishing the property in- 1101(a)(22)) or the national’s legal representa- ing located at 493 Auburn Avenue, N.E., tive for personal injury or death caused by terest as a separate entity would entitle the foreign state to benefits in United States in Atlanta, Georgia, as the ‘‘John an act of that foreign state, or by that offi- Lewis Civil Rights Institute’’; to the cial, employee, or agent while acting within courts while avoiding its obligations. the scope of his or her office, employment, or ‘‘(2) UNITED STATES SOVEREIGN IMMUNITY IN- Committee on Environment and Public agency, for which the courts of the United APPLICABLE.—Any property interest of a for- Works. States may maintain jurisdiction under sub- eign state, or agency or instrumentality of a Mr. CHAMBLISS. Mr. President, I section (a)(7) for money damages. The re- foreign state, to which paragraph (1) applies rise today to honor a man who has been moval of a foreign state from designation as shall not be immune from execution upon a at the front of our country’s fight for judgment entered under subsection (a)(7) or a state sponsor of terrorism under section civil rights. Born a son of share- 6(j) of the Export Administration Act of 1979 (h) of section 1605 because the property inter- est is regulated by the United States Govern- croppers in Troy, AL, JOHN grew up to (50 U.S.C. App. 2405(j)), section 620A of the become one of the leading proponents Foreign Assistance Act of 1961 (22 U.S.C. ment by reason of action taken against that 2371), or other provision of law shall not ter- foreign state under the Trading With the fighting on the frontlines of the civil minate a cause of action arising under this Enemy Act or the International Emergency rights movement. subparagraph during the period of such des- Economic Powers Act.’’. JOHN grew up listening to speeches ignation. SEC. 3. APPOINTMENT OF SPECIAL MASTERS. from the Reverend Martin Luther King ‘‘(B) DISCOVERY.—The provisions of sub- (a) VICTIMS OF CRIME ACT.—Section Jr., and observing many courageous section (g) apply to actions brought under 1404C(a)(3) of the Victims of Crime Act of acts, such as the Montgomery bus boy- 1984 (42 U.S.C. 10603c(a)(3)) is amended by subparagraph (A). cotts. Through those examples, LEWIS striking ‘‘December 21, 1988, with respect to ‘‘(C) NATIONALITY OF CLAIMANT.—No action could no longer stand idly by while shall be maintained under subparagraph (A) which an investigation or’’ and inserting arising from an act of a foreign state or an ‘‘October 23, 1983, with respect to which an others suffered for his sake. He was official, employee, or agent of a foreign state investigation or a civil or criminal’’. motivated to become an active partici- if neither the claimant nor the victim was a (b) JUSTICE FOR MARINES.—The Attorney pant in these historical events. From national of the United States (as that term General shall transfer, from funds available organizing peaceful demonstrations, to is defined in section 101(a)(22) of the Immi- for the program under sections 1404C of the riding in the fronts of buses, LEWIS was gration and Nationality Act (8 U.S.C. Victims of Crime Act of 1984 (42 U.S.C. a key leader and played a dynamic role 10603c), to the Administrator of the United 1101(a)(22)) when such acts occurred. in the civil rights movement. ‘‘(2) DAMAGES.—In an action brought under States District Court for the District of Co- From 1963–1966 LEWIS served as chair- paragraph (1) against a foreign state or an lumbia such funds as may be required to official, employee, or agent of a foreign carry out the orders of United States Dis- man of the Student Nonviolent Coordi- state, the foreign state, official, employee, trict Judge Royce C. Lamberth appointing nating Committee. In 1963 LEWIS was or agent, as the case may be, may be held Special Masters in the matter of Peterson, et named one of the Big Six Civil Rights liable for money damages in such action, al. v. The Islamic Republic of Iran, Case No. leaders along with Martin Luther King which may include economic damages, dam- 01CV02094 (RCL). Jr., James Farmer, Roy Wilkins, Whit- ages for pain and suffering, or, notwith- SEC. 4. LIS PENDENS. ney Young, and A. Phillip Randolph. standing section 1606, punitive damages. In (a) LIENS.—In every action filed in a In August 1963, JOHN LEWIS was a all actions brought under paragraph (1), a United States district court in which juris- keynote speaker at the momentous foreign state shall be vicariously liable for diction is alleged under subsection (a)(7) or the actions of its officials, employees, or (h) of section 1605 of title 28, United States March on Washington where Martin agents. Code, the filing of a notice of pending action Luther King, Jr. gave his ‘‘I Have a ‘‘(3) APPEALS.—An appeal in the courts of pursuant to such subsection, to which is at- Dream’’ speech. On March 7, 1965, the United States in an action brought under tached a copy of the complaint filed in the LEWIS helped the now pivotal voting paragraph (1) may be made— action, shall have the effect of establishing a rights march from Selma to Mont- ‘‘(A) only from a final decision under sec- lien of lis pendens upon any real property or gomery, AL. Sustaining physical inju- tion 1291 of this title, and then only if filed tangible personal property located within ries for the principles he believed in, with the clerk of the district court within 30 that judicial district that is titled in the JOHN LEWIS remained steadfast in his days after the entry of such final decision; name of any defendant, or titled in the name and of any entity controlled by any such defend- commitment to promoting human ‘‘(B) in the case of an appeal from an order ant if such notice contains a statement list- rights in the United States. The vio- denying the immunity of a foreign state, a ing those controlled entities. A notice of lent reactions by Alabama state troop- political subdivision thereof, or an agency of pending action pursuant to subsection (a)(7) ers that day sparked an outcry and

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6748 CONGRESSIONAL RECORD — SENATE June 16, 2005 eventually served to facilitate passage make it easier for them to go through He was concluding his residency at the of the Voting Rights Act of 1965. these documents. And then, on the Library of Congress. I remember after Mr. President, as a congressman, other hand, to make it easier for our he had said what he had to say, we statesman, humanitarian, the Nation colleges and universities to comply asked our questions. has benefited greatly from the lifelong with all these rules and regulations. I Senator HUTCHISON asked of Presi- contributions of JOHN LEWIS. I am would like for them to be spending dent Cardoso: Mr. President, what is proud to introduce legislation honoring their time and their money helping our the one thing you are going to remem- JOHN LEWIS. students learn instead of spending ber about the United States from your There being no objection, the bill was their time and their money reporting stay here at the Library of Congress ordered to be printed in the RECORD, as to us what they are doing. that you will take with you back to follows: That is the purpose of what I want to your country of Brazil? Without a mo- S. 1258 do today. I am introducing the Higher ment’s hesitation, he said: The Amer- ican university, the greatness and the Be it enacted by the Senate and House of Rep- Education Simplification and Deregu- resentatives of the United States of America in lation Act of 2005, a bill that does what autonomy of the American university. Congress assembled, I just described. It will help students I will tell you another story. A few years ago, I was asked to be the presi- SECTION 1. JOHN LEWIS CIVIL RIGHTS INSTI- get access to available financial re- TUTE. sources. Second, it will reduce the bur- dent of the University of Tennessee. It (a) DESIGNATION.—The building located at den on colleges and universities im- was 1988. I was glad to do it. I had been 493 Auburn Avenue, N.E., in Atlanta, Geor- posed by Federal regulations so they chairman of the board of the university gia, shall be known and designated as the can devote more of their time doing for 8 years as Governor, and I ap- ‘‘John Lewis Civil Rights Institute’’. what they are meant to do: provide the pointed a lot of the trustees, but I was (b) REFERENCES.—Any reference in a law, not a skilled university president. So I map, regulation, document, paper, or other highest quality postsecondary edu- cation in the world. And third, it will sought out David Gardner, the presi- record of the United States to the building dent of the University of California, referred to in subsection (a) shall be deemed ensure that the autonomy and inde- which I regard, with all respect to to be a reference to the John Lewis Civil pendence of our 6,000 institutions of North Carolina, at least at that time, Rights Institute. higher education are preserved. I am delighted I am able to interrupt to be the outstanding public university By Mr. ALEXANDER: the energy debate to talk about higher in America and perhaps one of the best S. 1261. A bill to simplify access to fi- education because I think while it in the world. I said to David Gardner: Why is the nancial aid and access to information sounds like we are shifting gears, they University of California so good? With- on college costs, to provide for more really go together. If I am looking at out a moment’s hesitation, he said: learning and less reporting, and for our country today, and I had to take an First, autonomy. When California cre- other purposes; to the Committee on exam this minute about the two great- ated the university—they created four Health, Education, Labor, and Pen- est issues facing the United States of branches of government, really: legis- sions. America, I would say, No. 1, terrorism, Mr. ALEXANDER. Mr. President, in lative, executive, judicial, and then the and, No. 2, competitiveness. ‘‘Competi- University of California. He said: Fun- case the President may be wondering, tiveness’’ a big word, meaning: How are and I asked consent about this, these damentally, they give us the money, we going to keep our jobs? How are we and then our board and we decide how are 7,000 regulations. We have 6,000 au- going to keep our standard of living in tonomous institutions of higher edu- to spend it. Our autonomy has per- this country when we have 5 or 6 per- mitted us to do the second thing, set cation in the United States, colleges cent of the people in the world, and yet and universities. very high standards. And then he said we produce a third of all the money, the third thing was the large amount The Presiding Officer comes from the consume 25 percent of all the energy? State that has some of the finest col- of Federal dollars that follows students And China and India and Singapore and to the educational institution of their leges and universities anywhere in Malaysia, not to mention Japan and America. I will not begin to name them choice. Europe, are saying: Wait a minute. Our So autonomy, excellence, and because there are so many of them I brains are as good as those American choice—Federal dollars following stu- might leave one out. Every single col- brains. A lot of our students have been dents to the schools of their choice. lege or university, public or private, in going to the United States, creating That is how David Gardner explained North Carolina, Tennessee, or Colorado jobs for those Americans. In fact, the California model for excellence in which has students with Federal grants 572,000 foreign students are in this higher education. or loans gets all of these boxes this country today, basically improving our That model has worked for our coun- year. These are the Federal regulations standard of living by their work here. try since the GI bill for veterans was under title IV of the Higher Education So we are in a very competitive time. enacted in 1944. I have wondered many Act that somebody at the smallest col- Just as we have been saying in energy, times how we were fortunate enough to lege or the biggest university must here comes China, here comes Malay- have decided to do it in the way they wade through in order to help students sia, here comes India buying up the oil did it. This was for the veterans. It was have Federal grants and Federal loans. reserves, driving up the price. Here the end of World War II. There were The Federal grant and Federal loans comes Germany and other parts of the college presidents who were very upset are one of the great success stories of world with lower natural gas prices about the idea of giving the veterans the United States of America. I will than we have. And our jobs are going money and just telling them to go talk more about that. toward them. wherever they wanted to go to college. Mr. President, 60 percent of our col- The other thing we could do to en- The president of the University of lege students and university students sure our good jobs and to keep our Chicago said it would make the Univer- at those 6,000 public and private and higher standard of living is to focus on sity of Chicago a hobo’s jungle. But we profit and nonprofit institutes of high- our brainpower. The great advantages know what it did. We had veterans er education, 60 percent of them have a the United States of America has had coming back and taking their GI bill. Federal grant or loan to help pay for since World War II have been our low Many of them took it to Catholic high college. That has increased over the cost, reliable supply and access to en- schools and other high schools because last 4 or 5 years about 10 times faster— ergy, our science and technology edge, they had not finished high school. But 9 times faster—than State funding for and our educational institutions. There they went wherever they wanted, to higher education. are so many examples of that. any accredited institution. They went But my goal today, in my remarks Mrs. KAY BAILEY HUTCHISON, the sen- to Yeshiva. They went to Vanderbilt. and in the bill I am introducing, is to ior Senator from Texas, and our major- They went to the historically Black make it easier for boys and girls and ity leader, Senator BILL FRIST, had a colleges and universities across Amer- men and women who attend our col- little session in the leader’s office last ica—Harvard. It did not matter. If it leges and universities—and many of year. They invited the former Brazilian was accredited, they chose the institu- them are mature, older students—to President Fernando Henrique Cardoso. tion.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6749 The same formula was applied when What I mean by that is we did not In 1970, we had 7.4 million students, the Pell grants were created by this order them to be good from Wash- 28 percent of whom were enrolled part Congress in honor of Senator Pell, who ington. That is not how they got to be time and 38 percent at two-year col- was a former Member of this body; as is great. They were autonomous and inde- leges. Only 28 percent were 25 or older. true with Senator Stafford and the pendent. We allowed them to be, and By 1999, enrollment had grown to 12.7 Stafford loans. Instead of giving those then we gave them students, followed million, a 7.2-percent increase with 39 grants and loans to the University of by money, who created a competitive percent enrolled part time and 44 per- North Carolina and the University of marketplace. And they became the best cent in two-year colleges. Nearly half Tennessee, they went to the student. in the world. our students in 1999 were in two-year The student then said: Well, I will de- So this legislation eliminates, colleges. Our financial aid system cide where I want to go. I may want to streamlines, and evaluates regulations needs to catch up. go to Rhodes College, or I may want to currently imposed on institutions of The first thing we can do is to sim- go to Lenore Rhyne or I may want to higher education with the goal of less- plify what we call the Free Application go to the University of Florida or Ye- ening the burden on schools. That way, Federal Student Aid. As one might ex- shiva or Howard. They go where they universities can focus more on teach- pect, it is known around here as want to go. ing and researching and less on main- FAFSA. Imagine that. You go out and Because of that, we now have 6,000 taining reporting requirements for the try to talk to a family of someone who autonomous institutions around the Federal Government. might be going to college for the first country. Many of them are nonprofit. The bill, No. 1, appoints an expert time and that family says let me talk Many of them are for profit. Eighty panel to review Department of Edu- to you about FAFSA. percent of our students go to public in- cation regulations and to recommend I think we ought to change the name. stitutions, but 20 percent go to private how those regulations might be I think we ought to make it easy for institutions. Because it is a market- streamlined or eliminated. Two, it ac- people to understand what we are talk- place of 6,000 institutions, and some celerates the ‘‘negotiated rulemaking ing about. I recently met a chief finan- are, of course, better than others, be- process’’ whereby universities nego- cial officer of a company who said she cause it is a marketplace, we have been tiate new rules with the Department so found the form challenging when help- able to adapt to a changing world that that an end result can be reached with- ing her high school daughter fill out a now has different subjects, different out costly delays. And three, it devel- form for financial aid. I can only imag- ine the challenge to a high school stu- standards, a more global environment, ops a compliance calendar so that uni- dent, or a working mother, when try- and students who are, by and large, versities know what requirements they ing to answer over 100 confusing ques- much older and have different needs have to meet and when they to have tions, the vast majority of which are than they did before. meet them. If we had not had that kind of mar- What I mean by that is, it will be up only applicable for the State of Cali- ketplace of colleges and universities, to us in the Federal Government to fornia. So a second thing we can do is make we would be stuck in the mud, and we send to the University of North Caro- sure students can use the Federal aid would not have former President lina or Maryville College in Tennessee for education they need year round. Cardoso of Brazil talking so well about a list of the rules they have to comply our colleges and universities. Flexibility for year-round Pell grants with so they don’t have to hire a whole We do not just have some of the best is a part of this legislation so students colleges and universities in the world; team of people to try to wade through can have the flexibility they need to go we have almost all of them. And the and read everything. and continue their education in the This is just one title of the Higher rest of the world knows that. We do not summer. There is a disincentive for Education Act. It has several titles. So have 572,000 foreign students studying that. Not only is that inconvenient for in our country this year because we a compliance calendar would help de- students and working students, it tends made them come, or even because we regulate. to encourage institutions to waste the These changes build on the successful give them scholarships. They pay to resources in the summertime, which model for American higher education. come for the most part. They are the they should be putting to better use. brightest students in most of these By making the financial aid process The third thing we can do is make countries. And 60 percent of our more user friendly and more accessible, sure there is more information. That is postdoctoral students are from over- more students will have Federal funds why I suggest the ‘‘best buy’’ list—a seas. Half our students in computer following them to the college or uni- list of the 100 schools with the lowest and engineering graduate programs are versity of their choice. And by reliev- tuition and required fees, with the from overseas. They are here for that ing some of the Federal regulatory bur- greatest availability of scholarships reason. So we attract these students. den, we are restoring university auton- and grants. In other words, this would The Federal Government has continued omy so they can spend more time help parents and students decide where to be generous. teaching and researching and less time they could get the biggest bang for So there are two things I am intro- filling out paperwork. their buck. ducing today with this bill. Number I have two major purposes. The first Many of the ideas that are in our leg- one, this legislation would simplify the is to simplify and expand access to fi- islation came from the Advisory Com- financial aid process and expand access nancial aid, to make it easier for the 60 mittee on Student Financial Assist- for students. We do it in these ways: (a) percent of our college students who fill ance. Senator GREGG, when he was streamline the forms for Federal out a form to get a Federal grant or chairman, and I invited them to work grants and loans, making access to stu- loan; and second, to reduce the burden- on this. They did a terrific job and they dent financial aid easier; (b) provide some paperwork on the colleges and came up with 10 recommendations, 8 of students who want to expedite their universities. which are in this bill, and I believe education and study year-round the In terms of simplifying access, we they have no cost to the budget. Federal support to do so; (c) provide need to remember that the faces and The other area and my final com- students with financial information needs of our college students have ments have to do with the other side of about colleges and universities in a changed. More typically these days, the ledger. While we are making it clear and concise manner that does not when I go to a graduation—this has easier for students to have access to fi- require additional reporting from insti- been true for a number of years—the nancial aid, we should work to relieve tutions. cry you hear from the audience is: Way the regulatory burden on colleges and The second purpose of the bill is to to go, mom. It is the mom who is get- universities represented by these boxes protect that autonomy, that one word, ting her degree, or the dad, going back of 7,000 regulations that contain all the that independence, that autonomy of to school, college, community college, forms any college or university in Flor- these 6,000 institutions. That is, in my trade school, university to get the ida or Tennessee or North Carolina view, a critical element of why we have skills they need to get a better job or would receive this year to fill out. the best colleges and universities in another job in a rapidly changing Thanks to the last two rounds of reau- the world. world. thorizing the Higher Education Act,

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6750 CONGRESSIONAL RECORD — SENATE June 16, 2005 there are today more than 7,000 regula- ing to do its job. Over the last 4 years, are responding to them, and we should tions associated with the title IV stu- Pell grants, work-study, scholarships do our part to reduce this type of bur- dent aid program. With the exception all gone up about 30 percent. At the den. In one instance, a prestigious in- of the Consumer Product Safety Com- same time, over the last 4 years, State stitution in the Midwest was visited by mission and the Federal Trade Com- spending for higher education is up 3.6 the EPA and a bottle of dishwashing mission, every Federal agency is in- percent. I will say that again. This is soap was found in a lab near a sink. volved in regulating some aspect of according to various educational insti- The institution was fined for improper higher education. That is incredible tutions, including the Center for Study management of hazardous waste be- and it is absolutely ridiculous. of Education Policy, Illinois State Uni- cause the label was not still attached In 1997, Gerhard Casper, the president versity. In fiscal year 2001, there was a to the bottle. Even worse, the institu- of Stanford University, said Stanford 3.4 percent increase in State funding tion had to pay to have the soap ana- spends 7 cents out of every tuition dol- for higher education. In 2002, there was lyzed to document that it was not haz- lar on compliance with Government a 1.2-percent decrease; in the next year, ardous. regulations. This has only gotten worse a 2.4-percent decrease. This is State Colleges are in the business of teach- in the last 9 years. We need to ease the funding for higher education. Last ing students, not sending meaningless burden. For example, under the Higher year, there was a 3.8-percent increase— paperwork to the federal government. Education Act, universities are re- 3.6 over the 4 years. To fix this problem, my legislation quired to report how many full-time So what our colleges and universities would establish an expert panel to re- employees have dental insurance, are feeling, and what our students are view federal regulations applicable to whether the university is a member of feeling, is decreased State support for colleges and universities and make rec- a national athletic association, and the higher education. One reason they are ommendations to the Secretary of Edu- number of meals that are in a ‘‘board’’ feeling that is because we have not cation and the Congress on how some charge. Colleges are required to hand given States the tools to control the of these regulations could be stream- every student a paper in-State voter growth in Medicaid spending. So in lined or eliminated. The bill also would registration form and cannot use mod- Tennessee, Florida, Virginia, and assist institutions in complying with ern technology such as Web registra- North Carolina, our colleges and uni- all these requirements by requiring the tions, which would actually reach more versities are hurting because the Gov- Department to develop a compliance students. We are giving university staff ernors and legislatures are spending calendar outlining specific deadlines busy work to do when they ought to be the dollars that ought to be going for for paperwork submissions. helping students. excellence in universities. They are In those cases where there is already Here is another example. When a spending it on huge increases in Med- clarity about how to deal with regula- major chemical company such as Du- icaid costs. That is part of our respon- tions, the bill takes action. The bill Pont produces 55-gallon containers of a sibility, too. will accelerate the ‘‘negotiated rule- potentially hazardous waste, we re- So I come to the floor today to intro- making process,’’ a process whereby quire Dupont to report on how all that duce the Higher Education Simplifica- university representatives negotiate waste is disposed and ensure that it is tion and Deregulation Act of 2005. I in- new regulations with the Department. done in a certain manner. This is a vite my colleagues to join me in it. We Today this process can drag on for good regulation and idea. Right now, will be marking up a Higher Education years, imposing unnecessary costs we are applying the same regulation Authorization Act next month. It af- along the way due to uncertainty over and paperwork to a chemistry class at fects 60 percent of the college students a final outcome for the rule. Under my a college that might produce half a test in the United States. I am sure we are bill, that process would have a one year tube of the same substance. going to continue to fund those grants deadline. To give schools a chance to Mr. President, I don’t know about the and loans, as we have from here, but we adjust to newly agreed regulations, in- presiding officer, the Senator from also need to do two other things. One stitutions of higher education would be Florida, and I now see the Senator of them is in here, and that is not to provided with a minimum of at least from Virginia; I suspect that when we get busy regulating more colleges and 270 days between the publication of any all go back to our States and speak to universities. We should be deregu- final regulations or guidance and the our Lincoln Day dinners, or when the lating. The other thing we should do, initiation of data collection related to Democrats go to the Jefferson Day din- which is not a part of this bill, is to new disclosure requirements. ners, we all say the thing we need to do keep our commitment to the Governors The bill also reinstates provisions to once we pass these laws is to have more that, by about the fall of this year, we allow schools with a low ‘‘cohort de- oversight and ease the burden of regu- should give them the legislative tools fault rate,’’ meaning that less than 10 lation. When I say that, I get a big they need—and I believe also relief percent of their students fail to pay all round of applause, because at home from Federal court consent decrees, their loans back on time, the option of people don’t think we get any smarter which are outdated—so they can man- distributing loan money to students when we fly to Washington, DC, each age the growth of Medicaid spending, right at the beginning of the year rath- week. They think it would be absurd to so that in turn we can continue to sup- er than waiting a month or spacing the know there are 7,000 regulations gov- port higher education. money out over the period of a year. erning college grants and loans, and Our energy bill and our higher edu- This is important since students incur that Stanford University spends 7 cents cation bill are at the forefront of our many expenses up front during their out of—and this is a private univer- policies to keep our jobs and our com- education and need the flexibility to sity—every tuition dollar paying for petitiveness. pay for fees, books, and other costs. the cost of Government regulations. Here’s one more example: If you grab Mr. President, since the end of World One reason we have an increased in- a pint bottle of rubbing alcohol from War II, our system of higher education terest in regulating is because there your bathroom and take it to a univer- has been unmatched around the globe. are a great many Members of Congress, sity laboratory, it will immediately According to the Institute of Higher as well as people in the country, who fall under the regulation and scrutiny Education at Shanghai University, worry about rising tuition costs. I of six different regulatory agencies: more than half the world’s top 100 uni- worry about those, too. When I was (1) the air quality management dis- versities are in the United States. Governor of Tennessee, we used to have trict, But our lead is slipping. During a trip a deal with the students. The State (2) the sewer district, to Europe, I discovered that Chancellor will pay 70 percent of the cost, and you (3) OSHA, Schroeder of Germany is putting a pay 30 percent, and if we raise your tui- (4) the local fire department, strong emphasis on reforming his coun- tion, we will raise the State contribu- (5) the county environmental health try’s university system to mirror—and tion. That has changed, I am afraid, department, and perhaps even eclipse—our own. British and I think it is important for us to (6) the state hazardous waste agency. prime minister Tony Blair is over- know that. Tuition is not going up be- While all of these are not directly hauling his nation’s system because he cause the Federal Government is fail- governed by federal regulations, many sees a growing gap between the quality

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6751 of American and British universities. Implement the majority of recommenda- There are lots of regulators of higher edu- Authorities in India and especially tions from the Advisory Committee on Stu- cation and even more regulations issued by China are working harder than ever to dent Financial Assistance on simplification the Department. of the FAFSA form including improved (1) Appoint an Expert Panel to Review and improve the quality of education in transparency, verification of need and ear- Streamline Department of Education Regu- their own countries and keep their lier notification of financial aid eligibility. lations brightest minds from leaving their There is no cost associated with imple- Panels, appointed by the Secretary, will countries. Australia and Canada are menting these recommendations. review regulations on financial aid, institu- making strides as well. And, for the (2) Year-Round Pell Grants and Flexible tional eligibility, regulations unrelated to first time, we have witnessed a decline Loans for Year Round Study the delivery of student aid and dissemination Authorize year-round Pell grants for both 2 of information requirements. The panel in graduate student enrollment. The and 4 year institutions. This will help work- Council on Graduate Schools estimated would then make recommendations to the ing students and older adults who need in- Secretary and the appropriate Congressional that foreign applications to graduate creased flexibility and year round financial committees on streamlining and eliminating programs in the U.S. were down this aid. these regulations. year by five percent. Increase annual loan limits for greater (2) One Size Does Not Fit All for Industry This greater competition means that funding flexibility for students attending and Academic Regulations not only do we find it harder than ever college for more than two academic semes- Fund a project by the National Research ters. Council to develop standards in environ- to attract foreign students, but our (3) Secretary’s list on College ‘‘BEST graduates will find it harder to com- mental, health and safety areas to provide BUYS’’ for differential regulation of industrial fa- pete for top-paying jobs in the global Secretary will publish existing institu- cilities, on the one hand, and research and economy since they will be competing tional data in a user friendly way. teaching laboratories and facilities on the Best Buy List of ‘‘the top 100’’ will help against talented, well-educated indi- other. The report will make specific rec- students decipher institutional expenses and viduals from around the world. ommendations for statutory and regulatory financial aid. changes that are needed to develop such a Now is the time to fine-tune our own Each year the Secretary shall publish a differential approach. system of higher education and restore list of institutions of higher education, by (3) Accelerate Negotiated Rulemaking its greatest strengths: generous finan- all nine sectors, that identifies: (a) The 100 schools with the lowest tuition Process cial assistance for students, autonomy, The process, while somewhat successful, is and required fees; and high standards. Generous support costly, and significantly delays implementa- is most effective when students can ac- (b) The 100 schools with the lowest cost of attendance; tion of regulations. This process should be cess it with a minimum of hassle and (c) The 100 schools with the largest per- streamlined. This bill gives the Secretary of with maximum flexibility to apply it centage of incoming full-time students who Education the authority to engage in nego- to their accredited program. Freedom receive financial aid; tiated rulemaking, but she is not required to from over-regulation or control by gov- (d) The 100 schools with the largest average do so if she decides the process is too cum- amount of incoming full-time student finan- bersome or inefficient. ernment allows colleges and univer- (4) Develop a Compliance Calendar sities to quickly adjust to the needs of cial aid on a per student basis; (e) The 100 schools with the largest per- For financial aid programs alone, institu- their students and focus on teaching centage of students who receive institutional tions must comply with over 7,000 pages of and research. High standards are the grants and scholarships; regulations. natural result of a competitive system (f) The 100 schools with the slowest in- Each year, the Secretary will be required where schools compete among each crease in tuition and fees during the pre- to provide eligible institutions a list of the other for dollars and students. ceding 5 years; and reporting and disclosure requirements under My bill restores the pillars of our (g) The 100 schools with the slowest in- the Higher Education Act to assist institu- tions in complying with these requirements. higher education system and gives us crease in total cost of attendance during the preceding 5 years. The list will include: (1) the date each re- the ability to move forward with con- (4) Make the Department of Education’s port is required to be completed and to be fidence in the twenty-first century. I Graduate Programs’ Need Analysis con- submitted, made available, or disseminated; urge my colleagues to join me in this sistent with other federal graduate pro- (2) the required recipients of each report, in- effort. grams. cluding reports that must be kept on file for Mr. ALEXANDER. Mr. President, I All graduate and professional students are, inspection upon request; (3) any required ask unanimous consent to have printed by definition, independent students and method for transmittal or dissemination; (4) therefore highly likely to have financial a description of the content of each report in the RECORD a summary of the Higher need. The federal need analysis requirement sufficient to allow the institution to identify Education Simplification and Deregu- in Jacob K. Javits fellowship and Graduate the appropriate individuals to be assigned lation Act of 2005. Assistance in Areas of National Need the responsibility for its preparation; (5) ref- There being no objection, the mate- (GAANN) programs often causes lengthy erences to the statutory authority, applica- rial was ordered to be printed in the delays in processing grant applications. In- ble regulations, and current guidance issued RECORD, as follows: stead of yielding helpful distinctions among by the Secretary regarding each report; and HIGHER EDUCATION SIMPLIFICATION AND the applicant pool, the requisite utilization (6) any other information which is pertinent DEREGULATION ACT OF 2005 of the federal needs analysis methodology to the content or distribution of the report creates massive amounts of paperwork for or disclosure. There are 6,000 autonomous institutions of students, institutions, and the Department (5) Reinstate two expiring provisions on higher education nationwide, and it is the of Education. Comparable graduate fellow- disbursement of student loans. autonomy and independence that our univer- ship programs, such as the Title VI Foreign The first provision allows schools with co- sities possess that makes our system of high- Language and Area Studies program, and hort default rates below 10 percent to dis- er education the best in the world. While the similar training and fellowship programs at burse a loan in a single installment rather federal government partners with American National Institutes of Health, National than in multiple disbursements over the students, families and institutions to make a Science Foundation, and the Department of year. college education accessible, increased regu- Defense contain no such requirement. There- The second lets schools with low cohort de- lations on these same entities threatens this fore, Javits and GAANN will not be subject fault rates waive the requirement that loan remarkably successful relationship. Coun- to federal needs analysis. proceeds of a first-year, first-time borrower tries around the world look to our higher loan be withheld for thirty days so that MORE LEARNING, LESS REPORTING education system and are trying to emulate these students can purchase books and sup- Institutions of higher education are among it. The Higher Education Simplification and plies, pay housing costs, and meet other ex- the most regulated entities in the United Deregulation Act of 2005 (the Act) takes penses. steps to reduce bureaucratic red tape, in- States. (6) Voter Registration Dissemination. crease autonomy and allow the U.S. to con- With the exception of the Consumer Prod- This bill clarifies that institutions can use tinue to be the best in the world. As we reau- uct Safety Commission and the Federal electronic means to meet the requirement to thorize The Higher Education Act over the Trade Commission, all federal agencies are disseminate voter registration forms to stu- next five years, our goal should be to make involved in regulating some aspect of higher dents. Electronic means will ensure that dis- college more accessible and not restrict that education. semination to students occurs both effec- In addition, there are more than 7,000 regu- autonomy. tively and efficiently. lations associated with Title IV student aid SIMPLIFY: ACCESS TO FINANCIAL AID AND programs alone. ELIMINATE OR ALTER THE FOLLOWING INFORMATION ON COLLEGE COSTS Seven cents of every tuition dollar is spent REPORTING REQUIREMENTS IN THE HEA (1) Simplify the Free Application for Fed- on government regulations (Stanford Univer- (1) Application of Change of Ownership to eral Student Aid (FAFSA) sity, 1997) non-profit institutions

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6752 CONGRESSIONAL RECORD — SENATE June 16, 2005 The Department of Education applies pro- to health information, when it comes Mr. FRIST. Mr. President, this needs visions concerning change of institutional to electronic medical records, we are in to change and it must change. We must ownership to nonprofit institutions, despite the stone age and not the information establish an interoperable privacy-pro- clear expression of contrary congressional age. tected electronic medical record for intent and the common understanding that nonprofit institutions do not have owners. Imagine a traveler far away from every American who wants one. Work- This places unnecessary burdens on institu- home who gets in an automobile acci- ing together, our Nation can confront tions, and may act as a deterrent to govern- dent and is taken unconscious or con- these challenges, and we can build an ance changes intended to make institutions fused to a hospital. Paramedics rush interoperable national health informa- more efficient and effective. them to a hospital, and at the very mo- tion technology system. We know it (2) Disclosure of Foreign Gifts ment that individual arrives at the will save lives. We know it will save When an institution receives a foreign gift door of that emergency room, the in excess of $250,000 they must report it to money. It will improve quality and it the federal government. This data is publicly emergency room physician meets will lead to huge measurable progress available in the annual reports prepared by them, but emptyhanded, with no notifi- in the medical field, in the health field. every college and university and is carefully cation of allergies or past medical his- We face enormous problems as a re- monitored for public institutions by state tory or preexisting illnesses, all of sult of the underinvestment in health governments. The Department of Education which is potentially lifesaving infor- information technology. No industry as reports that it never gets public requests for mation. That is inexcusable in this day important to our economy as health this information. Institutions will no longer and age. spends as little on information tech- be required to provide this information to My colleague from New York knows nology. Our Nation has nearly 900,000 the federal government, but make it publicly available on an annual basis. this all too well. doctors and over 2.8 million nurses. Mrs. CLINTON. Mr. President, I wish Americans visit a doctor 900 million By Mr. FRIST (for himself, Mrs. to express my appreciation to Senator times per year. We have nearly 6,000 CLINTON, Mr. MARTINEZ, Mr. FRIST for his leadership on this issue hospitals all over the country. Our BINGAMAN, Mr. TALENT, Ms. MI- because we certainly do need to bring health care system is enormous, yes, KULSKI, Mr. THUNE, and Mr. our health care system out of the infor- but it is dangerously fragmented. Even OBAMA): mation dark ages. I am pleased to be a small efficiency improvement can S. 1262. A bill to reduce healthcare introducing this legislation today with greatly reduce cost and improve qual- costs, improve efficiency, and improve the majority leader. It is a priority for ity, and there is plenty of room for im- healthcare quality through the devel- both of us, and I look forward to con- provement. opment of a nation-wide interoperable tinuing our partnership to move this Mrs. CLINTON. Mr. President, I health information technology system, legislation through the legislative could not agree more. The majority and for other purposes; to the Com- process. leader comes to this debate with a life- mittee on Health, Education, Labor, For several years, I have been pro- time of experience and expertise. Re- and Pensions. moting the adoption of health informa- searchers at Dartmouth University Mr. FRIST. Mr. President, this morn- tion technology as a means to improve found that we waste as much as one- ing I am pleased to be joined on the our health care system and bring it third of the $1.8 trillion we spend on floor by my distinguished colleague into the 21st century. I introduced health care on care that is not nec- from the State of New York. Together health quality and information tech- essary. we share an important goal to improve nology legislation in 2003 to jump-start Doctors write over 2 billion prescrip- health care quality and reduce costs the conversation on health IT. I am tions each year by hand. With all re- through the use of health information very pleased that I have had the oppor- spect to my doctors, some are unclear technology tools. tunity now to work with the majority or even illegible. Handwritten prescrip- I had the wonderful opportunity of leader for more than a year on real- tions filled incorrectly result in as spending 20 years as a physician and as izing what we believe would work, that many as 7,000 deaths each year because a heart surgeon before coming to this would enable patients, physicians, we do not have access to a fail-safe sys- body. Like most physicians, I wanted nurses, hospitals—all—to have access tem so that providing the prescription to and, in fact, did use the very latest, electronically in a privacy-protected electronically, which also would trig- most advanced technology, anything way to health information. ger a response if it was interacting that could possibly, in my practice, We have a lot of challenges facing us with another drug the patient was tak- make my patients live a healthier life, in health care. We have a long way to ing, is not yet available. a better life, a more comfortable life. go to achieve the goal of expanding ac- With that data, it is difficult, some- But amidst the artificial heart assist cess to quality, affordable health care times even impossible, to track the devices, the lasers that are used to re- for all Americans. But creating a quality of care patients receive. We move lesions in the windpipe or the health information technology infra- cannot reward good providers or work trachea, CT scan machines, x-rays, dig- structure needs to be a key part of to improve those who provide inferior ital x-rays, digital thermometers, doc- achieving our health care goals because care. tors today, unfortunately, for the most we are facing an escalating health care Widening health care disparities real- part, keep patient records the very crisis. ly are a growing problem in our soci- same way I did 10 years ago and, in- Information technology has radically ety. It is especially important because deed, almost exactly as my dad did 60 changed business and other aspects of every moment that a doctor or a nurse years ago as he practiced medicine, and our lives. It is time to use it to bring spends with a patient is precious. For that is handwritten on paper in manila our health sector into the information every hour that they spend with a pa- folders, typically stored in the base- age. tient, they spend one-half hour filling ments of clinics or doctors’ offices or Currently, the health industry spends out those forms by hand. So we can hospitals. 2 to 3 percent of its revenues on infor- save time, we can save money, and we It is amazing because we design hos- mation technology, compared to rough- can make it clear that this information pitals, structures on computers today, ly 12 percent in industries such as fi- will be easily electronically transport- we conduct medical research with com- nance or banking. That is why you can able where it is needed. puters, we use computers in nearly go to an ATM virtually anywhere in Mr. FRIST. The problem is enormous every aspect of the clinical setting, the the world and access money from your and the problem is real. So what are we delivery of medicine. From very com- bank account. going to do about it? Senator CLINTON pact bedside monitors to these massive But despite evidence that greater in- and I propose three concrete steps to MRI scanners we have today, com- vestments could yield returns, we have remedy these problems and establish a puters power almost everything we use, not put in place the necessary infra- fully interoperable information tech- everything we do in terms of diagnosis structure to facilitate the necessary in- nology system. First, we must estab- in medicine, in health care. vestment in an interoperable health in- lish standards for electronic medical But—and this is what we have come formation technology and quality in- records. Sharing data effectively re- to the floor to address—when it comes frastructure. quires more than just that fiber optic

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6753 cable, more than those Internet con- together, people who are listening health information technology frame- nections. It requires standards and must ask: Well, how in the world do work that improves quality, protects laws that make it possible to exchange these electronic health records and the patient privacy and ensures interoper- medical information in a privacy-pro- appropriate use of that data bring con- ability through the adoption of health tected way throughout our Nation. crete benefits to them as individuals IT standards and quality measures. The Government should not impose and to their families? We are marrying technology and these standards on the private sector, First, it will reduce waste and ineffi- quality to create a seamless, efficient but it has a duty, and indeed it has an ciency in the system. It only makes health care system for the 21st cen- obligation, to lead the way. Medicare, sense that fragmented systems, with tury. I thank the majority leader, who Medicaid, SCHIP, the Indian Health no interconnectivity at all, have inher- has brought so much interest and ex- Service, and other Federal programs ent inefficiencies and waste. That is pertise to this, for being a leader and should lead the way and establish elec- moved aside. That has a very direct im- making this happen in the next 18 tronic health records for all of their pact on lower costs, making health months. clients. care more affordable and thus available Mr. FRIST. I thank my colleague in The Veterans’ Administration al- for people broadly. this endeavor. As mentioned earlier, we ready leads the way with interoperable It improves quality. Right now we began working on the information systems, but we need to get the VA to know that medical errors occur. Too technology aspects of health care be able to talk to the Department of many medical errors occur in our about a year ago and published our Defense. health care system today. By the appli- first op-ed together about July of last Mrs. CLINTON. That is absolutely cation of technology, we can move year. the case, especially as we tragically those medical errors aside. They will In closing, this is not going to be an know so many young people who have not occur and that improves quality. easy process. I look back at the tech- been injured in Iraq or Afghanistan They will empower patients. It gives nology in my past in medicine for 20 move from the DOD to the VA. We that individual who is listening right years, but then also in my dad’s prac- have to have a better system so that now the knowledge and power to be tice; he practiced medicine for 55 years. they can know what needs to be done able to participate in a consumer-driv- I remember he had one of the very ear- for these brave young men and women. en system where choices can be made, liest electrocardiogram, EKG, ma- Secondly, we believe our legislation where the focus is on the patient, that chines in the State of Tennessee. At should work to reduce barriers and fa- is provider friendly, that is driven by that time—because there were so few cilitate the electronic exchange of information and choice and empower- machines and so few cardiologists—he health information among providers in ment to make that choice. would take referrals from all over the a secure and private way to improve They will protect patient privacy and State of Tennessee. The machine itself health care quality and meet commu- promote the secure exchange of life- was bigger than the desk before me, at nity needs. When communities come saving health information. It is spelled the time. together, as is beginning to happen all out in the legislation. It is going to be What would happen then is, if there over the country, the Federal Govern- privacy protected. was a machine in a little rural commu- ment should help them implement an For the first time, they will nity 100 miles away from Nashville, the interoperable health IT system. seamlessly integrate this advancement machine there would take a piece of Interoperable sounds like a confusing in health information technology with paper, they would run it through, they word, but it means they can talk to quality measures, with quality ad- would send it by mail. It would take 2 each other, they can operate in the vancements, harmonizing and inte- days to get to Nashville. Dad would same overall system and do it in a way grating them in a way that simply has read it and send it back. Four days that complies with national standards. not been done in the past. later, that doctor would be able to read To speed up this process, we propose This proposal brings together people, that EKG. spending a total of $600 million—$125 as we can see, from across the political Then, when I was about 9 or 10 years million a year, over 5 years—to begin spectrum, and it will unlock the poten- of age—because their bedroom was the work of rolling out interoperable tial of medical information technology right around the corner from mine—I electronic medical records systems for all Americans. remember so well when he installed a around the Nation. Mrs. CLINTON. I am delighted to be telephone to put another big box there Finally, we must use the data we col- working on this very important na- to have the first in Tennessee again of lect to focus intensely on improving tional initiative with the majority a machine—and it was amazing at the the quality of health care. Our medical leader because we are at a pivotal mo- time—one could transmit these EKGs system, which is, and deserves to be, ment. Pockets of innovation and in- electronically over the telephone wire the envy of the world, still suffers from vestment are developing all over the and have it interpreted at the bedside. enormous and unpardonable disparities country. In my State, places like Roch- He would keep it there because people, in the quality of care. Health IT will be ester, NY, and in the majority leader’s of course, have heart attacks in the a tool to help our dedicated health care State, the Tri-Cities region of Ten- middle of the night. Then it would take professionals improve care, and effi- nessee, health care providers, employ- probably about 30 or 40 minutes to get ciently, so that they spend more time ers and community groups are begin- the result back. at the bedside, more time at the office ning the process of building a health Of course, today we are at a point visit, and less on paperwork. information technology network. That where with a little tiny machine, an Through this legislation, we will is a positive first step, but it could be EKG machine, we can get an instanta- begin to collect consistent data on the either a last step or a misstep because neous readout not just of the paper and quality of health care delivered in to truly achieve the promise of health of the EKG but the result actually read America. As the largest health care information technology, we must en- by the box. payer in the country, the Federal Gov- sure that these efforts do not become I have been able to see huge progress ernment has a responsibility to begin silos. In other words, there is one sys- in my own life and watching my dad’s that process of collecting data on its tem for every hospital, one system for practice and my practice. Now we need own health care programs and share it every clinical practice. They cannot to see all of that sort of progress con- with the public. Then, with this data, talk to each other. So a person goes to densed, applied not just to the tech- we can begin to move to a health care one doctor. Their doctor is in New nology but to the collection of infor- system that actually rewards providers York, but they travel to Tennessee to mation, the promotion of electronic who give their patients superior care. visit friends, they are in an accident, health records, and the appropriate Mr. FRIST. Mr. President, as we talk and nobody knows how to get the infor- sharing of that information which is about these systems and standards and mation that will give them the best privacy protected. That is the sort of words such as interoperability, which, possible treatment. progress we are going to see. We are as the Senator from New York said, So if we do this right, this com- going to see it come alive on the Sen- does mean being able to connect it all prehensive legislation will create a ate floor and with the House and work

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6754 CONGRESSIONAL RECORD — SENATE June 16, 2005 in concert with the President of the bank now costs them less than a penny. ‘‘(5) LABORATORY.—The term ‘laboratory’ United States to make sure that the Yet, because we have not updated tech- has the meaning given that term in section great advantages, in terms of lowering nology in the rest of the health care in- 353. costs, getting rid of inefficiencies, and dustry, a single transaction still costs ‘‘(6) PHARMACIST.—The term ‘pharmacist’ has the meaning given that term in section promoting quality will be realized. up to $25—not one dime of which goes 804 of the Federal Food, Drug, and Cosmetic The bill that we will shortly intro- toward improving the quality of our Act. duce does present a comprehensive ap- health care. ‘‘SEC. 2902. OFFICE OF THE NATIONAL COORDI- proach of medical information and the The Health Technology to Enhance NATOR OF HEALTH INFORMATION use of medical information as we ad- Quality Act of 2005 is going to help TECHNOLOGY. dress our health care challenges. It bring the health care system into the ‘‘(a) OFFICE OF NATIONAL HEALTH INFORMA- TION TECHNOLOGY.—There is established provides that important backbone and 21st century. This bill will lead to the within the Office of the Secretary an Office critical building block for a better, a development and implementation of of the National Coordinator of Health Infor- stronger, and a more responsive health health information technology stand- mation Technology (referred to in this sec- care system for all Americans. ards to ensure interoperability of tion as the ‘Office’). The Office shall be head- Again, I thank my distinguished col- health information systems. The legis- ed by a National Coordinator who shall be league from New York. We urge all of lation codifies the Office of National appointed by the President in consultation our colleagues to look at this bill and Coordinator for Information Tech- with the Secretary and shall report directly to the Secretary. support this bill. With this legislation, nology and establishes standards for ‘‘(b) PURPOSE.—It shall be the purpose of there is no doubt in my mind that we the electronic exchange of health infor- the Office to carry out programs and activi- will, yes, help save money and help mation. The bill also provides grant ties to develop a nationwide interoperable save time, but most importantly we funding to support development of health information technology infrastruc- will save lives. health information technology infra- ture that— I ask unanimous consent that the structure as well as measurement of ‘‘(1) improves healthcare quality, reduces text of the bill we will shortly send to medical errors, and advances the delivery of the quality of care provided to pa- patient-centered medical care; the desk be printed in the RECORD. tients. ‘‘(2) reduces healthcare costs resulting Mr. OBAMA. Mr. President, I am This legislation will help our health from inefficiency, medical errors, inappro- proud to join Senators FRIST and CLIN- care system take a huge step forward. priate care, and incomplete information; TON in introducing the Health Tech- A vote for the Health TEQ Act is a vote ‘‘(3) ensures that appropriate information nology to Enhance Quality Act of 2005. for health care that is safe, effective, to help guide medical decisions is available Our national health care system is in and affordable. I urge my colleagues to at the time and place of care; crisis. Forty-five million Americans join us in passing this bill quickly. ‘‘(4) promotes a more effective market- are uninsured, and this number con- There being no objection, the bill was place, greater competition, and increased tinues to rise. Health care costs are in- choice through the wider availability of ac- ordered to be printed in the RECORD, as curate information on healthcare costs, creasing at almost double digit rates. follows: quality, and outcomes; Millions of Americans are suffering, S. 1262 ‘‘(5) improves the coordination of care and and dying, from diseases such as diabe- Be it enacted by the Senate and House of Rep- information among hospitals, laboratories, tes or AIDS that could have been pre- resentatives of the United States of America in physician offices, and other entities through vented or delayed for many years. And Congress assembled, an effective infrastructure for the secure and the chance of Americans receiving the SECTION 1. SHORT TITLE. authorized exchange of healthcare informa- right care, at the right time and for This Act may be cited as the ‘‘Health tion; the right reason is no greater than the Technology to Enhance Quality Act of 2005’’ ‘‘(6) improves public health reporting and or the ‘‘Health TEQ Act of 2005’’. facilitates the early identification and rapid flip of a coin. response to public health threats and emer- These health care issues are varied TITLE I—HEALTH INFORMATION TECH- gencies, including bioterror events and infec- and complex, as are the solutions. But, NOLOGY STANDARDS ADOPTION AND tious disease outbreaks; as one of my constituents advised, it is INFRASTRUCTURE DEVELOPMENT ‘‘(7) facilitates health research; and time for us in the Congress to put on SEC. 101. ESTABLISHMENT OF NATIONAL COOR- ‘‘(8) ensures that patients’ health informa- our hard hats, pick up our tool belts DINATOR; RECOMMENDATION, tion is secure and protected. ADOPTION, AND IMPLEMENTATION ‘‘(c) DUTIES OF NATIONAL COORDINATOR.— and get to work fixing our broken OF HEALTH INFORMATION ELEC- ‘‘(1) IN GENERAL.—The National Coordi- TRONIC EXCHANGE STANDARDS. health care system. nator shall— The Public Health Service Act (42 U.S.C. One place to start is by bringing the ‘‘(A) facilitate the adoption of a national 201 et seq.) is amended by adding at the end health care system into the 21st cen- system for the electronic exchange of health the following: tury. In our lifetimes, we have seen information; some of the greatest advances in the ‘‘TITLE XXIX—HEALTH INFORMATION ‘‘(B) serve as the principal advisor to the history of technology and the sharing TECHNOLOGY Secretary on the development, application, of information. Yet, in our health care ‘‘SEC. 2901. DEFINITIONS. and use of health information technology, system, too much care is still provided ‘‘For purposes of this title: and coordinate and oversee the health infor- with a pen and paper. Too much infor- ‘‘(1) GROUP HEALTH PLAN.—The term ‘group mation technology programs of the Depart- health plan’ has the meaning giving that ment; mation about patients is not shared be- term in section 2791. ‘‘(C) ensure the adoption and implementa- tween doctors or readily available to ‘‘(2) HEALTHCARE PROVIDER.—The term tion of standards for the electronic exchange them in the first place. And providers ‘healthcare provider’ means a hospital, of health information, including coordi- too often do not have the information skilled nursing facility, home health entity, nating the activities of the Standards Work- to know what care has worked most ef- healthcare clinic, community health center, ing Group under section 2903; fectively and efficiently to make pa- group practice (as defined in section ‘‘(D) carry out activities related to the tients healthy. 1877(h)(4) of the Social Security Act), a phy- electronic exchange of health information Mistakes are easily made—medical sician (as defined in section 1861(r)(1) of the that reduce cost and improve healthcare Social Security Act), a pharmacist, a phar- quality; errors alone kill up to 98,000 people a macy, a laboratory, and any other category ‘‘(E) ensure that health information tech- year, more people than the number of facility or clinician determined appro- nology policy and programs of the Depart- who die from AIDS each year. priate by the Secretary. ment are coordinated with those of relevant But embracing 21st century tech- ‘‘(3) HEALTH INFORMATION.—The term executive branch agencies (including Federal nology is not just about reducing er- ‘health information’ means any information, commissions) with a goal of avoiding dupli- rors and improving the quality of med- recorded in any form or medium, that relates cation of efforts and of helping to ensure ical care. It is also about cost. to the past, present, or future physical or that each agency undertakes health informa- We spend nearly $1.5 trillion a year mental health or condition of an individual, tion technology activities primarily within on health care in America. But a quar- the provision of healthcare to an individual, the areas of its greatest expertise and tech- or the past, present, or future payment for nical capability; ter of that money—one out of every the provision of healthcare to an individual. ‘‘(F) to the extent permitted by law, co- four dollars—is spent on non-medical ‘‘(4) HEALTH INSURANCE ISSUER.—The term ordinate outreach and consultation by the costs—most of it on bills and paper- ‘health insurance issuer’ has the meaning relevant executive branch agencies (includ- work. Every transaction you make at a given that term in section 2791. ing Federal commissions) with public and

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6755 private parties of interest, including con- ‘‘(E) with experience in healthcare quality section 14 of the Federal Advisory Com- sumers, payers, employers, hospitals and and patient safety, including those with ex- mittee Act shall not apply to the Standards other healthcare providers, physicians, com- perience in utilizing health information Working Group. munity health centers, laboratories, vendors technology to improve healthcare quality ‘‘SEC. 2904. IMPLEMENTATION AND CERTIFI- and other stakeholders; and patient safety; CATION OF HEALTH INFORMATION ‘‘(G) advise the President regarding spe- ‘‘(F) of consumer and patient organiza- STANDARDS. cific Federal health information technology tions; ‘‘(a) IMPLEMENTATION.— programs; and ‘‘(G) of employers; ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(H) submit the reports described under ‘‘(H) with experience in data exchange; and sultation with the National Coordinator and paragraph (2). ‘‘(I) with experience in developing health the Director of the National Institute of ‘‘(2) REPORTS TO CONGRESS.—The National information technology standards and new Standards and Technology, shall develop cri- Coordinator shall submit to Congress, on an health information technology; and teria to ensure uniform and consistent im- annual basis, a report that describes— ‘‘(6) other representatives as determined plementation of any standards for the elec- ‘‘(A) specific steps that have been taken to appropriate by the National Coordinator in tronic exchange of health information volun- facilitate the adoption of a nationwide sys- consultation with the Secretary. tarily adopted by private entities in tech- tem for the electronic exchange of health in- ‘‘(c) STANDARDS DEEMED ADOPTED.—On the nical conformance with such standards formation; date of enactment of this title, the Secretary adopted under this title. ‘‘(B) barriers to the adoption of such a na- and the Standards Working Group shall ‘‘(2) IMPLEMENTATION ASSISTANCE.—The tionwide system; and deem as adopted, for use by the Secretary Secretary may recognize a private entity or ‘‘(C) recommendations to achieve full im- and private entities, the standards adopted entities to assist private entities in the im- plementation of such a nationwide system. by the Consolidated Health Informatics Ini- plementation of the standards adopted under ‘‘(d) DETAIL OF FEDERAL EMPLOYEES.— tiative prior to such date of enactment. this title. N GENERAL ‘‘(1) I .—Upon the request of the ‘‘(d) DUTIES.— ‘‘(b) CERTIFICATION.— National Coordinator, the head of any Fed- ‘‘(1) FIRST YEAR REVIEW.—Not later than 1 ‘‘(1) IN GENERAL.—The Secretary, in con- eral agency is authorized to detail, with or year after the date of enactment of this title, sultation with the National Coordinator and without reimbursement from the Office, any the Standards Working Group shall— the Director of the National Institute of of the personnel of such agency to the Office ‘‘(A) review existing standards (including Standards and Technology shall develop cri- to assist it in carrying out its duties under content, communication, and security stand- teria to ensure and certify that hardware, this section. ards) for the electronic exchange of health software, and support services that claim to ‘‘(2) EFFECT OF DETAIL.—Any such detail information, including such standards be in compliance with any standard for the shall— deemed adopted under subsection (c); electronic exchange of health information ‘‘(A) not interrupt or otherwise affect the ‘‘(B) identify deficiencies and omissions in adopted under this title have established and civil service status or privileges of the Fed- such existing standards; maintain such compliance in technical con- eral employee; and ‘‘(C) identity duplications and omissions in formance with such standard. ‘‘(B) be in addition to any other staff of the existing standards, and recommend modi- ‘‘(2) CERTIFICATION ASSISTANCE.—The Sec- Department employed by the National Coor- fications to such standards as necessary; and retary may recognize a private entity or en- dinator. ‘‘(D) submit a report to the Secretary rec- tities to assist in the certification described ‘‘(3) ACCEPTANCE OF DETAILEES.—Notwith- ommending for adoption by such Secretary under paragraph (1). standing any other provision of law, the Of- and private entities— fice may accept detailed personnel from ‘‘(c) DELEGATION AUTHORITY.—The Sec- ‘‘(i) modifications to the standards deemed retary may delegate the development of the other Federal agencies without regard to adopted under subsection (c); and whether the agency described under para- criteria under subsection (a) and (b) to a pri- ‘‘(ii) any additional standards reviewed vate entity. graph (1) is reimbursed. pursuant to this paragraph. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘SEC. 2905. AUTHORITY FOR COORDINATION AND ‘‘(2) ONGOING REVIEW.—Beginning 1 year SPENDING. There are authorized to be appropriated such after the date of enactment of this title, and ‘‘(a) IN GENERAL.—The Secretary acting sums as may be necessary to carry out the on an ongoing basis thereafter, the Stand- activities of the Office under this section for through the National Coordinator— ards Working Group shall— each of fiscal years 2006 through 2010. ‘‘(1) shall direct and coordinate— ‘‘(A) review existing standards (including ‘‘(A) Federal spending related to the devel- ‘‘SEC. 2903. COLLABORATIVE PROCESS FOR THE content, communication, and security stand- RECOMMENDATION, ADOPTION, AND opment, adoption, and implementation of ards) for the electronic exchange of health IMPLEMENTATION OF HEALTH IN- standards for the electronic exchange of information, including such standards adopt- FORMATION STANDARDS. health information; and ed by the Secretary under subsections (c) ‘‘(a) ESTABLISHMENT OF WORKING GROUP.— ‘‘(B) the adoption of the recommendations and (e); Not later than 60 days after the date of en- submitted to such Secretary by the Stand- ‘‘(B) identify deficiencies and omissions in actment of this title, the National Coordi- ards Working Group established under sec- such existing standards; nator, in consultation with the Director of tion 2903; and ‘‘(C) identity duplications and omissions in the National Institute of Standards and ‘‘(2) may utilize the entities recognized existing standards, and recommend modi- Technology (referred to in this section as the under section 2904 to assist in implementa- ‘Director’), shall establish a permanent Elec- fications to such standards as necessary; and tion and certification related to the imple- tronic Health Information Standards Devel- ‘‘(D) submit reports to the Secretary rec- mentation by the Federal Government of the opment Working Group (referred to in this ommending for adoption by such Secretary standards adopted by the Secretary under title as the ‘Standards Working Group’). and private entities— this title. ‘‘(b) COMPOSITION.—The Standards Working ‘‘(i) modifications to any existing stand- ‘‘(b) LIMITATION.— Group shall be composed of— ards; and ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(1) the National Coordinator, who shall ‘‘(ii) any additional standards reviewed other provision of law, no Federal agency serve as the chairperson of the Standards pursuant to this paragraph. shall expend Federal funds for the purchase Working Group; ‘‘(3) LIMITATION.—The standards described of hardware, software, or support services for ‘‘(2) the Director; under this subsection shall not include any the purpose of implementing a standard re- ‘‘(3) representatives of the relevant Federal standards developed pursuant the Health In- lated to the electronic exchange of health in- agencies and departments, as selected by the surance Portability and Accountability Act formation that is not a standard adopted by Secretary in consultation with the National of 1996. the Secretary under section 2903. Coordinator, including representatives of the ‘‘(e) ADOPTION BY SECRETARY.—Not later Department of Veterans Affairs, the Depart- than 1 year after the receipt of a report from ‘‘(2) EFFECTIVE DATE.—The limitation ment of Defense, the Office of Management the Standards Working Group under para- under paragraph (1) shall take effect not and Budget, the Department of Homeland graph (1)(D) or (2)(D) of subsection (d), the later than 1 year after the adoption by the Security, and the Environmental Protection Secretary shall review and provide for the Secretary of such standards under section Agency; adoption by the Federal Government of any 2903.’’. ‘‘(4) private entities accredited by the modification or standard recommended in SEC. 102. ENCOURAGING SECURE EXCHANGE OF American National Standards Institute, as such report. HEALTH INFORMATION. selected by the National Coordinator; ‘‘(f) VOLUNTARY ADOPTION.—Any standards (a) STUDY AND GRANT PROGRAMS RELATED ‘‘(5) representatives, as selected by the Na- adopted by the Secretary under this section TO STATE HEALTH INFORMATION LAWS AND tional Coordinator— shall be voluntary for private entities. PRACTICES.— ‘‘(A) of group health plans or other health ‘‘(g) APPLICATION OF FACA.— (1) STUDY OF STATE HEALTH INFORMATION insurance issuers; ‘‘(1) IN GENERAL.—The Federal Advisory LAWS AND PRACTICES.— ‘‘(B) of healthcare provider organizations; Committee Act (5 U.S.C. App.) shall apply to (A) IN GENERAL.—The Secretary of Health ‘‘(C) with expertise in health information the Standards Working Group established and Human Services (referred to in this Act security; under this section. as the ‘‘Secretary’’) shall carry out, or con- ‘‘(D) with expertise in health information ‘‘(2) LIMITATION.—Notwithstanding para- tract with a private entity to carry out, a privacy; graph (1), the 2-year termination date under study that examines—

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6756 CONGRESSIONAL RECORD — SENATE June 16, 2005 (i) the variation among State laws and (ii) makes recommendations to States re- allow for participation on an ongoing basis practices that relate to the privacy, con- garding the harmonization of State laws by multiple stakeholders within a commu- fidentiality, and security of health informa- based on the results of such study. nity, including— tion; (2) REAUTHORIZATION OF INCENTIVE GRANTS ‘‘(A) physicians (as defined in section (ii) how such variation among State laws REGARDING TELEMEDICINE.—Section 330L(b) of 1861(r)(1) of the Social Security Act), includ- and practices may impact the electronic ex- the Public Health Service Act (42 U.S.C. ing physicians that provide services to low change of health information (as defined in 254c–18(b)) is amended by striking ‘‘2002 income and underserved populations; section 2901 of the Public Health Service through 2006’’ and inserting ‘‘2006 through ‘‘(B) hospitals (including hospitals that Act) (as added by section 101)— 2010’’. provide services to low income and under- (I) among the States; (3) HIPAA APPLICATION TO ELECTRONIC served populations); (II) between the States and the Federal HEALTH INFORMATION.—Title XXIX of the ‘‘(C) group health plans or other health in- Government; and Public Health Service Act (as added by sec- surance issuers; (III) among private entities; and tion 101 and amended by subsection (a)) is ‘‘(D) health centers (as defined in section (iii) how such laws and practices may be further amended by adding at the end the 330(b)) and Federally qualified health centers harmonized to permit the secure electronic following: (as defined in section 1861(aa)(4) of the Social exchange of health information. ‘‘SEC. 2907. APPLICABILITY OF PRIVACY AND SE- Security Act); (B) REPORT AND RECOMMENDATIONS.—Not CURITY REGULATIONS. ‘‘(E) rural health clinics (as defined in sec- later than 1 year after the date of enactment ‘‘The regulations promulgated by the Sec- tion 1861(aa) of the Social Security Act); of this Act, the Secretary shall submit to retary under part C of title XI of the Social ‘‘(F) consumer organizations; Congress a report that— Security Act and sections 261, 262, 263, and ‘‘(G) employers; and (i) describes the results of the study car- 264 of the Health Insurance Portability and ‘‘(H) any other healthcare providers or ried out under subparagraph (A); and Accountability Act of 1996 with respect to other entities, as determined appropriate by (ii) makes recommendations based on the the privacy, confidentiality, and security of the Secretary; results of such study. health information shall— ‘‘(4) adopt nondiscrimination and conflict (2) SECURE EXCHANGE OF HEALTH INFORMA- ‘‘(1) apply to any health information stored of interest policies that demonstrate a com- TION; INCENTIVE GRANTS.—Title XXIX of the or transmitted in an electronic format as of mitment to open, fair, and nondiscrim- Public Health Service Act (as added by sec- the date of enactment of this title; and inatory participation in the health informa- tion 101) is amended by adding at the end the ‘‘(2) apply to the implementation of stand- tion plan by all stakeholders; following: ards, programs, and activities under this ‘‘(5) adopt the national health information ‘‘SEC. 2906. SECURE EXCHANGE OF HEALTH IN- title.’’. technology standards adopted by the Sec- FORMATION; INCENTIVE GRANTS. (c) STUDY AND REPORT.— retary under section 2903; ‘‘(a) IN GENERAL.—The Secretary may (1) STUDY.—Not later than 2 years after the ‘‘(6) facilitate the electronic exchange of make grants to States to carry out programs date of enactment of this Act, the Secretary health information within the local or re- under which such States cooperate with shall carry out, or contract with a private gional area and among local and regional other States to develop and implement State entity to carry out, a study that examines areas; policies that will facilitate the secure elec- the integration of the standards adopted ‘‘(7) prepare and submit to the Secretary tronic exchange of health information uti- under the amendments made by this Act an application in accordance with subsection lizing the standards adopted under section with the standards adopted under the Health (c); and 2903— Insurance Portability and Accountability ‘‘(8) agree to provide matching funds in ac- ‘‘(1) among the States; Act of 1996 (Public Law 104-191). cordance with subsection (e). ‘‘(2) between the States and the Federal (2) PLAN; REPORT.— ‘‘(c) APPLICATION.— Government; and (A) PLAN.—Not later than 3 years after the ‘‘(1) IN GENERAL.—To be eligible to receive ‘‘(3) among private entities. date of enactment of this Act, the Secretary a grant under subsection (a), an entity shall ‘‘(b) PRIORITY.—In awarding grants under shall, based on the results of the study car- submit to the Secretary an application at subsection (a), the Secretary shall give pri- ried out under paragraph (1), develop a plan such time, in such manner, and containing ority to States that provide assurance that for the integration of the standards de- such information as the Secretary may re- any funding awarded under such a grant scribed under such paragraph and submit a quire. shall be used to harmonize privacy laws and report to Congress describing such plan. ‘‘(2) REQUIRED INFORMATION.—At a min- practices between the States, the States and (B) PERIODIC REPORTS.—The Secretary imum, an application submitted under this the Federal Government, and among private shall submit periodic reports to Congress subsection shall include— entities related to the privacy, confiden- that describe the progress of the integration ‘‘(A) clearly identified short-term and tiality, and security of health information. described under subparagraph (A). long-term objectives of the regional or local ‘‘(c) DISSEMINATION OF INFORMATION.—The TITLE II—FACILITATING THE ADOPTION health information plan; Secretary shall disseminate information re- AND IMPLEMENTATION OF INTEROPER- ‘‘(B) a technology plan that complies with garding the efficacy of efforts of a recipient ABLE ELECTRONIC HEALTH INFORMA- the standards adopted under section 2903 and of a grant under this section. TION that includes a descriptive and reasoned esti- ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- SEC. 201. GRANTS FOR THE IMPLEMENTATION OF mate of costs of the hardware, software, retary may provide technical assistance to REGIONAL OR LOCAL HEALTH IN- training, and consulting services necessary recipients of a grant under this section. FORMATION TECHNOLOGY PLANS. to implement the regional or local health in- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Title XXIX of the Public Health Service formation plan; For the purpose of carrying out subsection Act (as amended by section 102) is further ‘‘(C) a strategy that includes initiatives to (a), there are authorized to be appropriated amended by adding at the end the following: improve healthcare quality and efficiency, such sums as may be necessary for each of ‘‘SEC. 2908. GRANTS FOR THE IMPLEMENTATION including the use of healthcare quality the fiscal years 2006 through 2010.’’. OF REGIONAL OR LOCAL HEALTH IN- measures adopted under section 2910; (b) STUDY AND GRANT PROGRAMS RELATED FORMATION TECHNOLOGY PLANS. ‘‘(D) a plan that describes provisions to en- TO STATE LICENSURE LAWS.— ‘‘(a) IN GENERAL.—The Secretary, in con- courage the implementation of the elec- (1) STUDY OF STATE LICENSURE LAWS.— sultation with the National Coordinator, tronic exchange of health information by all (A) IN GENERAL.—The Secretary shall carry may award competitive grants to eligible en- physicians, including single physician prac- out, or contract with a private entity to tities to implement regional or local health tices and small physician groups partici- carry out, a study that examines— information plans to improve healthcare pating in the health information plan; (i) the variation among State laws that re- quality and efficiency through the electronic ‘‘(E) a plan to ensure the privacy and secu- late to the licensure, registration, and cer- exchange of health information pursuant to rity of personal health information that is tification of medical professionals; and the standards, protocols, and other require- consistent with Federal and State law; (ii) how such variation among State laws ments adopted by the Secretary under sec- ‘‘(F) a governance plan that defines the impacts the secure electronic exchange of tions 2903 and 2910. manner in which the stakeholders shall health information (as defined in section 2901 ‘‘(b) ELIGIBILITY.—To be eligible to receive jointly make policy and operational deci- of the Public Health Service Act) (as added a grant under subsection (a) an entity shall— sions on an ongoing basis; and by section 101)— ‘‘(1) demonstrate financial need to the Sec- ‘‘(G) a financial or business plan that de- (I) among the States; and retary; scribes— (II) between the States and the Federal ‘‘(2) demonstrate that one of its principal ‘‘(i) the sustainability of the plan; Government. missions or purposes is to use information ‘‘(ii) the financial costs and benefits of the (B) REPORT AND RECOMMENDATIONS.—Not technology to improve healthcare quality plan; and later than 1 year after the date of enactment and efficiency; ‘‘(iii) the entities to which such costs and of this Act, the Secretary shall publish a re- ‘‘(3) adopt bylaws, memoranda of under- benefits will accrue. port that— standing, or other charter documents that ‘‘(d) USE OF FUNDS.—Amounts received (i) describes the results of the study car- demonstrate that the governance structure under a grant under subsection (a) shall be ried out under subparagraph (A); and and decisionmaking processes of such entity used to establish and implement a regional

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6757

or local health information plan in accord- to an entity or individual for developing, im- (b) CONDITIONS.—In establishing the guide- ance with this section. plementing, operating, or facilitating the lines under subsection (a), the Secretary ‘‘(e) MATCHING REQUIREMENT.— electronic exchange of health information shall establish conditions on such arrange- ‘‘(1) IN GENERAL.—The Secretary may not (as defined in section 2901 of the Public ments consistent with the purposes of— make a grant under this section to an entity Health Service Act), so long as such support (1) improving healthcare quality; unless the entity agrees that, with respect to is primarily designed to promote the elec- (2) reducing medical errors; the costs to be incurred by the entity in car- tronic exchange of health information.’’; and (3) reducing healthcare costs; rying out the infrastructure program for (2) by adding at the end the following: (4) improving the coordination of care; which the grant was awarded, the entity will ‘‘(4) PERMITTED SUPPORT.— (5) streamlining administrative processes; make available (directly or through dona- ‘‘(A) DEFINITION OF PERMITTED SUPPORT.— and tions from public or private entities) non- In this section, the term ‘permitted support’ (6) promoting transparency and competi- Federal contributions toward such costs in means the provision of, or funding used ex- tion. an amount equal to not less than 50 percent clusively to provide or pay for, any equip- TITLE III—ADOPTION, IMPLEMENTATION, of such costs ($1 for each $2 of Federal funds ment, item, information, right, license, in- AND USE OF HEALTHCARE QUALITY provided under the grant). tellectual property, software, or service, re- MEASURES ‘‘(2) DETERMINATION OF AMOUNT CONTRIB- gardless of whether any such support may SEC. 301. STANDARDIZED MEASURES. UTED.—Non-Federal contributions required have utility or value to the recipient for any Title XXIX of the Public Health Service under paragraph (1) may be in cash or in purpose beyond the exchange of health infor- Act (as amended by section 201) is further kind, fairly evaluated, including equipment, mation (as defined in section 2901 of the Pub- amended by adding at the end the following: technology, or services. Amounts provided lic Health Service Act). by the Federal Government, or services as- ‘‘(B) CONDITIONS ON PERMITTED SUPPORT.— ‘‘SEC. 2910. COLLABORATIVE PROCESS FOR THE sisted or subsidized to any significant extent Paragraph (3)(J) shall not apply unless the DEVELOPMENT, RECOMMENDATION, AND ADOPTION OF STANDARDIZED by the Federal Government, may not be in- following conditions are met: MEASURES OF QUALITY cluded in determining the amount of such ‘‘(i) The provision of permitted support is HEALTHCARE. non-Federal contributions. not conditioned on the recipient of such sup- ‘‘(a) IN GENERAL.— ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— port making any referral to, or generating ‘‘(1) COLLABORATION.—The Secretary, the ‘‘(1) IN GENERAL.—There is authorized to be any business for, any entity or individual for Secretary of Defense, the Secretary of Vet- appropriated to carry out this section, which any Federal health care program pro- erans Affairs, and any other heads of rel- $125,000,000 for each of fiscal years 2006 vides reimbursement. evant Federal agencies as determined appro- through 2010. ‘‘(ii) The permitted support complies with priate by the President, (referred to in this ‘‘(2) AVAILABILITY.—Amounts appropriated the standards for the electronic exchange of section as the ‘Secretaries’) shall adopt, on under paragraph (1) shall remain available health information adopted by the Secretary an ongoing basis, uniform healthcare quality for obligation until expended. under section 2903 of the Public Health Serv- measures to assess the effectiveness, timeli- ‘‘SEC. 2909. REPORTS. ice Act. ness, patient self-management, patient- ‘‘Not later than 1 year after the date on ‘‘(iii) The entity or network receiving per- centeredness, efficiency, and safety of care which the first grant is awarded under sec- mitted support is able to document that such delivered by healthcare providers across Fed- tion 2908, and annually thereafter during the support is used by the entity or the network eral healthcare programs, including those in grant period, an entity that receives a grant for the electronic exchange of health infor- titles XVIII, XIX, and XXI of the Social Se- under such section shall submit to the Sec- mation in accordance with the standards curity Act. retary, acting through the National Coordi- adopted by the Secretary under section 2903 ‘‘(2) REVIEW OF MEASURES ADOPTED.—The nator, a report on the activities carried out of the Public Health Service Act.’’. Secretaries shall conduct an ongoing review under the grant involved. Each such report (b) EXEMPTION FROM LIMITATION ON CER- of the measures adopted under paragraph (1). TAIN PHYSICIAN REFERRALS.—Section 1877(e) shall include— ‘‘(3) EXISTING ACTIVITIES—Notwithstanding ‘‘(1) a description of the financial costs and of the Social Security Act (42 U.S.C. any other provision of law, the measures and 1395nn(e)) is amended by adding at the end benefits of the project involved and of the reporting activities described in this sub- the following: entities to which such costs and benefits ac- section shall replace, to the extent prac- ‘‘(9) PERMITTED SUPPORT.—The provision of crue; ticable and appropriate, any duplicative or permitted support (as described in section ‘‘(2) an analysis of the impact of the redundant existing measurement and report- 1128B(b)(3)(J)).’’. project on healthcare quality and safety; ing activities currently utilized by Federal (c) EFFECTIVE DATE.—The amendments ‘‘(3) a description of any reduction in dupli- made by this section shall apply to per- healthcare programs, including those in ti- cative or unnecessary care as a result of the mitted support provided on or after the date tles XVIII, XIX, and XXI of the Social Secu- project involved; and of enactment of this Act. rity Act. ‘‘(4) other information as required by the ‘‘(b) PRIORITY MEASURES.— SEC. 203. GROUP PURCHASING. Secretary.’’. ‘‘(1) IN GENERAL.—In determining the meas- (a) IN GENERAL.—Not later than 1 year SEC. 202. EXCEPTION FOR THE PROVISION OF after the date of enactment of this Act, the ures to be adopted under subsection (a), and PERMITTED SUPPORT. Secretary shall establish a safe harbor for the timing of any such adoption, the Secre- (a) EXEMPTION FROM CRIMINAL PEN- group purchasing of hardware, software, and taries shall give priority to— ALTIES.—Section 1128B(b) of the Social Secu- support services for the electronic exchange ‘‘(A) measures with the greatest potential rity Act (42 U.S.C. 1320a–7b(b)(3)) is amend- of health information in compliance with impact for improving the quality and effi- ed— section 2903 of the Public Health Service Act ciency of care provided under Federal pro- (1) in paragraph (3)— (as added by section 101). grams; (A) in subparagraph (G), by striking ‘‘and’’ (b) CONDITIONS.—In establishing the safe ‘‘(B) measures that may be rapidly imple- at the end; harbor under subsection (a), the Secretary mented by group health plans, health insur- (B) in subparagraph (H), as added by sec- shall establish conditions on such safe har- ance issuers, physicians, hospitals, nursing tion 237(d) of the Medicare Prescription bor consistent with the purposes of— homes, long-term care providers, and other Drug, Improvement, and Modernization Act (1) improving healthcare quality; providers; and of 2003 (Public Law 108–173; 117 Stat. 2213)— (2) reducing medical errors; ‘‘(C) measures which may inform (i) by moving such subparagraph 2 ems to (3) reducing healthcare costs; healthcare decisions made by consumers and the left; and (4) improving the coordination of care; patients. (ii) by striking the period at the end and (5) streamlining administrative processes; ‘‘(2) NATIONAL QUALITY FORUM MEASURES; inserting a semicolon; and QUALITY OF CARE INDICATORS.—To the extent (C) by redesignating subparagraph (H), as (6) promoting transparency and competi- determined feasible and appropriate by the added by section 431(a) of the Medicare Pre- tion. Secretaries, the Secretaries shall adopt— scription Drug, Improvement, and Mod- SEC. 204. PERMISSIBLE ARRANGEMENTS. ‘‘(A) measures endorsed by the National ernization Act of 2003 (Public Law 108–173; 117 (a) IN GENERAL.—Not later than 1 year Quality Forum, subject to compliance with Stat. 2287), as subparagraph (I); after the date of enactment of this Act and the amendments made by the National Tech- (D) in subparagraph (I), as so redesig- notwithstanding any other provision of law, nology Transfer and Advancement Act of nated— the Secretary shall establish guidelines in 1995; and (i) by moving such subparagraph 2 ems to compliance with section 2903 of the Public ‘‘(B) indicators relating to the quality of the left; and Health Service Act that permit certain ar- care data submitted to the Secretary by hos- (ii) by striking the period at the end and rangements between group health plans and pitals under section 1886(b)(3)(B)(vii)(II) of inserting ‘‘; and’’; and health insurance issuers (as defined in sec- the Social Security Act. (E) by adding at the end the following new: tion 2791 of the Public Health Service Act (42 ‘‘(c) COLLABORATION WITH PRIVATE ENTI- ‘‘(J) subject to paragraph (4), the provision, U.S.C. 300gg–91)) and between healthcare pro- TIES.— with or without charge, of any permitted viders (as defined in section 2901 of such Act, ‘‘(1) IN GENERAL.—The Secretaries may es- support (as defined in paragraph (4)(A) and as added by section 101) in accordance with tablish collaborative agreements with pri- subject to the conditions in paragraph (4)(B)) subsection (b). vate entities, including group health plans

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6758 CONGRESSIONAL RECORD — SENATE June 16, 2005

and health insurance issuers, providers, pur- pital Insurance Trust Fund under section (c) MEDICAID VALUE BASED PURCHASING chasers, consumer organizations, and enti- 1817 of the Social Security Act (42 U.S.C. PROGRAMS.— ties receiving a grant under section 2908, to— 1395i) and the Federal Supplementary Insur- (1) IN GENERAL.—The Secretary shall au- ‘‘(A) encourage the use of the healthcare ance Trust Fund under section 1841 of such thorize waivers under section 1115 of the So- quality measures adopted by the Secretary Act (42 U.S.C. 1395t) (in this subsection re- cial Security Act (42 U.S.C. 1315) for States under this section; and ferred to as the ‘‘Trust Funds’’), as deter- to establish value based purchasing pro- ‘‘(B) foster uniformity between the mined appropriate by the Secretary. grams for State medicaid programs estab- healthcare quality measures utilized in Fed- (B) LIMITATION TO ENSURE BUDGET NEU- lished under title XIX of such Act (42 U.S.C. eral programs and private entities. TRALITY.—The Secretary shall ensure that 1396 et seq.). Such programs shall be based on ‘‘(2) USE OF MEASURES.—The measures the total amount of expenditures from the the reporting of quality measures pursuant adopted by the Secretaries under this section Trust Funds in a year does not exceed the to those adopted in section 2910 of the Public may apply in one or more disease areas and total amount of expenditures from the Trust Health Service Act (as added by section 301) across delivery settings, in order to improve Funds that would have been made in such and the overall improvement of healthcare the quality of care provided or delivered by year if this subsection had not been enacted. quality through the use of the electronic ex- private entities. (C) MONITORING AND REPORTS.— change of health information pursuant to ‘‘(d) COMPARATIVE QUALITY REPORTS.—Be- (i) ONGOING MONITORING BY THE SECRETARY the standards adopted under section 2903 of ginning on January 1, 2008, in order to make TO ENSURE FUNDING LIMITATION IS NOT VIO- the Public Health Service Act (as added by comparative quality information available LATED.—The Secretary shall continually section 101). to healthcare consumers, health profes- monitor expenditures made from the Trust (2) WAIVER.—In authorizing such waivers, sionals, public health officials, researchers, Funds by reason of the provisions of this sub- the Secretary shall waive any provisions of and other appropriate individuals and enti- section to ensure that the limitation de- title XI or XIX of the Social Security Act ties, the Secretaries and other relevant agen- scribed in subparagraph (B) is not violated. that would otherwise prevent a State from cies shall provide for the aggregation, anal- (ii) REPORTS.—Not later than April 1 of establishing a value based purchasing pro- ysis, and dissemination of quality measures each year (beginning in the year following gram in accordance with paragraph (1). collected under this section. Nothing in this the year in which the pilot program under (d) QUALITY INFORMATION SHARING.— section shall be construed as modifying the paragraph (1) is implemented), the Secretary (1) REVIEW OF MEDICARE CLAIMS DATA.— privacy standards under the Health Insur- shall submit a report to Congress and the (A) PROCEDURES.—In order to improve the ance Portability and Accountability Act of Comptroller General of the United States quality and efficiency of items and services 1996 (Public Law 104–191). that includes— furnished to medicare beneficiaires under ‘‘(e) EVALUATIONS.— (I) a detailed description of— title XVIII of the Social Security Act, the ‘‘(1) ONGOING EVALUATIONS OF USE.—The (aa) the total amount expended from the Secretary shall establish procedures to re- Secretary shall ensure the ongoing evalua- Trust Funds (including all amounts expended view claims data submitted under such title tion of the use of the healthcare quality as a result of the provisions of this sub- with respect to items and services furnished measures adopted under this section. section) during the previous year compared or ordered by physicians. ‘‘(2) EVALUATION AND REPORT.— to the total amount that would have been (B) USE OF MOST RECENT MEDICARE CLAIMS ‘‘(A) EVALUATION.—The Secretary shall, di- expended from the Trust Funds during such DATA.—In conducting the review under sub- rectly or indirectly through a contract with year if this subsection had not been enacted; paragraph (A), the Secretary shall use the another entity, conduct an evaluation of the (bb) the projections of the total amount most recent claims data that is available to collaborative efforts of the Secretaries to that will be expended from the Trust Funds the Secretary. adopt uniform healthcare quality measures (including all amounts that will be expended (2) SHARING OF DATA.—Beginning in 2006, and reporting requirements for federally sup- as a result of the provisions of this sub- the Secretary shall periodically provide phy- ported healthcare delivery programs as re- section) during the year in which the report sicians with comparative information on the quired under this section. is submitted compared to the total amount utilization of items and services under such ‘‘(B) REPORT.—Not later than 2 years after that would have been expended from the title XVIII based upon the review of claims the date of enactment of this title, the Sec- Trust Funds during the year if this sub- data under paragraph (1). retary shall submit a report to the appro- section had not been enacted; and SEC. 303. QUALITY IMPROVEMENT ORGANIZA- priate committees of Congress concerning (cc) specify the steps (if any) that the Sec- TION ASSISTANCE. the results of the evaluation under subpara- retary will take pursuant to subparagraph (a) IN GENERAL.—Section 1154(a) of the So- graph (A).’’. (D) to ensure that the limitation described in cial Security Act (42 U.S.C. 1320c–3(a)) is SEC. 302. VALUE BASED PURCHASING PRO- subparagraph (B) will not be violated; and amended by adding at the end the following: GRAMS; SENSE OF THE SENATE. (II) a certification from the Chief Actuary ‘‘(18) The organization shall assist, at such (a) MEDICARE VALUE BASED PURCHASING of the Centers for Medicare & Medicaid Serv- time and in such manner as the Secretary PILOT PROGRAM.— ices that the descriptions under items (aa), may require, healthcare providers (as defined (1) IN GENERAL.—The Secretary shall estab- (bb), and (cc) of subclause (I) are reasonable, in section 2901 of the Public Health Service lish under title XVIII of the Social Security accurate, and based on generally accepted Act) in implementing the electronic ex- Act (42 U.S.C. 1395 et seq.) a value based pur- actuarial principles and methodologies, in- change of health information (as defined in chasing pilot program based on the reporting cluding that the steps described in subclause such section 2901).’’. of quality measures pursuant to those adopt- (I)(cc) will be adequate to avoid violating the (b) EFFECTIVE DATE.—The amendment ed in section 2910 of the Public Health Serv- limitation described in subparagraph (B). made by this section shall apply to contracts ice Act (as added by section 301) and the entered into on or after the date of enact- (D) APPLICATION OF LIMITATION.—If the overall improvement of healthcare quality ment of this Act. Secretary determines that the provisions of through the use of the electronic exchange of this subsection will result in the limitation health information by entities (including By Mr. BOND: described in subparagraph (B) being violated Federally qualified health centers, as defined S. 1263. A bill to amend the Small in any year, the Secretary shall take appro- in section 1861(aa)(4) of the Social Security priate steps to reduce spending that is occur- Business Act to establish eligibility re- Act (42 U.S.C. 1395x(aa)(4))) pursuant to the ring by reason of such provisions, including quirements for business concerns to re- standards adopted under section 2903 of the through reducing the scope, site, and dura- ceive awards under the Small Business Public Health Service Act (as added by sec- tion of the pilot project. Innovation Research Program; to the tion 101). Such pilot program should be based (E) AUTHORITY.—The Secretary shall make Committee on Small Business and En- on experience gained through previous dem- necessary spending adjustments under the onstration projects conducted by the Sec- trepreneurship. medicare program to recoup amounts so that retary, including demonstration projects Mr. BOND. Mr. President, the United the limitation described in subparagraph (B) conducted under sections 1866A and 1866C of States biotechnology industry is the is not violated in any year. the Social Security Act (42 U.S.C. 1395cc–1; world leader in innovation. This is due, (b) SENSE OF THE SENATE REGARDING PHYSI- in large part, to the Federal Govern- 1395cc–3), section 649 of the Medicare Pre- CIAN PAYMENTS UNDER MEDICARE.—It is the scription Drug, Improvement, and Mod- sense of the Senate that modifications to the ment’s partnership with the private ernization Act of 2003 (Public Law 108–173; 117 medicare fee schedule for physicians’ serv- sector to foster growth and commer- Stat. 2322), and other relevant work con- ices under section 1848 of the Social Security cialization in the hope that one day we ducted by private entities. Act (42 U.S.C. 1394w–4) should include provi- will uncover a cure for unmet medical (2) EXPANSION.—After conducting the pilot sions based on the reporting of quality meas- needs such as cystic fibrosis, heart dis- program under paragraph (1) for not less ures pursuant to those adopted in section ease, various cancers, multiple scle- than 2 years, the Secretary may transition 2910 of the Public Health Service Act (as and implement such program on a national rosis, and AIDS. added by section 301) and the overall im- However, the industry was dealt a basis. provement of healthcare quality through the (3) FUNDING.— use of the electronic exchange of health in- major setback last year when the (A) IN GENERAL.—Payments for the costs of formation pursuant to the standards adopted Small Business Administration—SBA— carrying out the provisions of this sub- under section 2903 of such Act (as added by determined that venture-backed bio- section shall be made from the Federal Hos- section 101). technology companies can no longer

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6759 participate in the Small Business Inno- to SBIR grants, as it has had for 20 cern owned in whole or in part by a trust, vation Research—SBIR—program. years. It will level the playing field to each trustee or trust beneficiary shall be Prior to the SBA’s decision, the SBIR ensure that SBIR grants are given to deemed to be an owner. program was an example of a highly small businesses based on fruitful ‘‘(5) EXCEPTION FOR START-UP CONCERNS.— science and nothing else. This is still a Notwithstanding paragraphs (1) through (4), successful Federal initiative to encour- any business concern that is a start-up con- age economic growth and innovation in young and fragile industry, and we are cern shall be eligible to receive funding the biotechnology industry by funding on the cusp of great scientific ad- under the SBIR program.’’. the critical startup and development vances. However, there will be pro- (b) DEFINITIONS.—Section 9(e) of the Small stages of a company. found consequences if biotechnology Business Act (15 U.S.C. 638(e)) is amended by Traditionally, to qualify for an SBIR companies continue to be excluded adding at the end the following new para- grant a small business applicant had to from the SBIR program. graphs: meet two requirements: one, that the Mr. President, I ask unanimous con- ‘‘(9) The term ‘eligible venture capital sent that text of the bill be in printed company’ means a business concern— company have less than 500 employees; ‘‘(A) that— and two, that the business be 51 per- in the RECORD. There being no objection, the bill was ‘‘(i) is a Venture Capital Operating Com- cent owned by one or more individuals. pany, as that term is defined in regulations ordered to be printed in the RECORD, as Now, according to the SBA, the term promulgated by the Secretary of Labor; or ‘‘individuals’’ means natural persons follows: ‘‘(ii) is an entity that— only, whereas for the past 20 years the S. 1263 ‘‘(I) is registered under the Investment term ‘‘individual’’ has included ven- Be it enacted by the Senate and House of Rep- Company Act of 1940 (15 U.S.C. 80a–51 et resentatives of the United States of America in ture-capital companies. As a result, seq.); or Congress assembled, ‘‘(II) is an investment company, as defined biotech companies backed by venture- SECTION 1. SHORT TITLE. in section 3(c)(14) of such Act (15 U.S.C. 80a– capital funding in Missouri and This Act may be cited as the ‘‘Save Amer- 3(c)(14)), which is not registered under such throughout our Nation, who are on the ica’s Biotechnology Innovative Research Act Act because it is beneficially owned by less cutting edge of science, can no longer of 2005’’ or ‘‘SABIR Act’’. than 100 persons; and participate in the program. SEC. 2. ELIGIBILITY FOR PARTICIPATION IN ‘‘(B) that is not controlled by any business The biotech industry is like no other SMALL BUSINESS INNOVATION RE- concern that is not a small business concern in the world because it takes such a SEARCH PROGRAM. within the meaning of section 3. (a) IN GENERAL.—Section 9 of the Small ‘‘(10) The term ‘start-up concern’ means a long span of time and intense capital Business Act (15 U.S.C. 638) is amended by expenditures to bring a successful prod- business concern that— adding at the end the following new sub- ‘‘(A) for at least 2 of the 3 preceding fiscal uct to market. In fact, according to a section: years has had— ‘‘(x) ELIGIBILITY FOR PARTICIPATION IN study completed by the Tufts Center ‘‘(i) sales of not more than $3,000,000; or SBIR PROGRAM.— for the Study of Drug Development, it ‘‘(ii) no positive cash flow from operations; ‘‘(1) IN GENERAL.—To be eligible to receive takes roughly 10-15 years and $800 mil- an award under the SBIR program, a busi- and lion for a company to bring just one ness concern— ‘‘(B) is not formed to acquire any business product to market. As you can imag- ‘‘(A) shall have not more than 500 employ- concern other than a small business concern ine, the industry’s entrepreneurs are ees; and that meets the requirement under subpara- seeking financial assistance wherever ‘‘(B) shall be owned in accordance with one graph (A).’’. (c) REGULATIONS.—Before the date that is they can find it. of the ownership requirements described in paragraph (2). 90 days after the date of the enactment of For the past 20 years, the SBIR pro- this Act, the Administrator of the Small gram has been a catalyst for devel- ‘‘(2) OWNERSHIP REQUIREMENTS.—The own- ership requirements referred to in paragraph Business Administration shall— oping our Nation’s most successful bio- (1) are the following: (1) in accordance with the exceptions to technology companies. In addition to ‘‘(A) The business concern is— public rulemaking under section 553(b)(A) these important government grants, ‘‘(i) at least 51 percent owned and con- and (B) of title 5, United States Code, pro- venture capital funding plays a vital trolled by individuals or eligible venture mulgate regulations to implement the provi- role in the financial support of these capital companies, who are citizens of or per- sions of this Act; (2) publish in the Federal Register a notifi- same companies. The strength of our manent resident aliens in the United States; and cation of the changes in eligibility for par- biotechnology industry is a direct re- ticipation in the Small Business Innovation sult of government grants and venture ‘‘(ii) not more than 49 percent owned and controlled by a single eligible venture cap- Research program made by this Act; and capital working together. ital company (or group of commonly-con- (3) communicate such changes to Federal However, some have argued that a trolled eligible venture capital companies). agencies that award grants under the Small biotech firm with a majority venture ‘‘(B) The business concern is at least 51 Business Innovation Research program. capital backing is a large business. percent owned and controlled by another (d) EFFECTIVE DATE.—The amendments This is simply a bogus conclusion. Ven- business concern that is itself at least 51 per- made by this Act shall apply with respect to cent owned and controlled by individuals any business concern that participates in the ture capital firms solely invest in Small Business Innovation Research pro- biotech start-ups for the possibility of who are citizens of or permanent resident aliens in the United States. gram on or after the date of the enactment a future innovation and financial re- of this Act. turn and generally do not seek to take ‘‘(C) The business concern is a joint ven- ture in which each entity to the joint ven- control over the management functions ture meets one of the ownership require- By Mr. CORZINE (for himself, or day-to-day operations of the com- ments under this paragraph. Mrs. CLINTON, Mrs. MURRAY, pany. Venture capital firms that seek ‘‘(3) EMPLOYEE DEFINED.—For purposes of Mr. LAUTENBERG, Mrs. BOXER, to invest in small biotech businesses do paragraph (1)(A), the term ‘employee’ means Ms. CANTWELL, Mr. KENNEDY, not, simply by their investment, turn a an individual employed by the business con- Mr. INOUYE, and Mr. KERRY): small business into a large business. cern and does not include— S. 1264. A bill to provide for the pro- These are legitimate, small, start-up ‘‘(A) an individual employed by an eligible vision by hospitals of emergency con- businesses. Let’s not punish them. venture capital company providing financing traceptives to women, and post-expo- to the business concern; or Instead, we must work together to ‘‘(B) an individual employed by any entity sure prophylaxis for sexually trans- avoid stifling innovation. Let me be in which the eligible venture capital com- mitted disease to individuals, who are clear. Our impact today will foster pany is invested other than that business survivors of sexual assault; to the Com- cures and medicines tomorrow that concern. mittee on Health, Education, Labor, were once thought to be inconceivable. ‘‘(4) TREATMENT OF OTHER FORMS OF OWNER- and Pensions. However, the industry cannot do it SHIP.— Mr. CORZINE. Mr. President, I rise alone. We must nurture biotechnology ‘‘(A) STOCK OPTION OWNERSHIP.—For pur- today to introduce the Compassionate and help the industry grow for the fu- poses of this subsection, in the case of a busi- Assistance for Rape Emergencies Act. ness concern owned in whole or in part by an In the United States, more than 300,000 ture of our economy and for our well- employee stock option plan, each stock being. trustee or plan member shall be deemed to women are raped each year and an esti- This bill that I am introducing today be an owner. mated 25,000 to 32,000 become pregnant will do just that. It will ensure that ‘‘(B) TRUST OWNERSHIP.—For purposes of as a result. That is why I am reintro- the biotechnology industry has access this subsection, in the case of a business con- ducing the Compassionate Assistance

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6760 CONGRESSIONAL RECORD — SENATE June 16, 2005 in Rape Emergencies Act, or CARE sult of rape or incest. An estimated 22,000 of ment is the only means to prevent a life Act. these pregnancies could be prevented if rape threatening infection. This bill will ensure that women who survivors had timely access to emergency (16) It is essential that all hospitals that are survivors of sexual assault have ac- contraception. provide emergency medical treatment pro- (2) A 1996 study of rape-related pregnancies vide assessment and treatment of sexually- cess to the medical care they need, in- (published in the American Journal of Ob- transmitted infections to minimize the harm cluding emergency contraception. stetrics and Gynecology) found that 50 per- to victims of sexual assault. Emergency contraception reduces a cent of the pregnancies described in para- SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVI- woman’s risk of becoming pregnant by graph (1) ended in abortion. SION BY HOSPITALS OF EMERGENCY up to 89 percent when taken within 72 (3) Surveys have shown that many hos- CONTRACEPTIVES WITHOUT hours of the assault. I want to be clear: pitals do not routinely provide emergency CHARGE. (a) IN GENERAL.—Federal funds may not be emergency contraception does not end contraception to women seeking treatment after being sexually assaulted. provided to a hospital under any health-re- a pregnancy. Instead, emergency con- (4) The risk of pregnancy after sexual as- lated program, unless the hospital meets the traception works before a pregnancy sault has been estimated to be 4.7 percent in conditions specified in subsection (b) in the can occur. survivors who were not protected by some case of— There is widespread consensus in the form of contraception at the time of the at- (1) any woman who presents at the hospital medical community that emergency tack. and states that she is a victim of sexual as- contraception is safe and effective. (5) The Food and Drug Administration has sault, or is accompanied by someone who states she is a victim of sexual assault; and Yet, New Jersey is one of only six declared emergency contraception to be safe and effective in preventing unintended preg- (2) any woman who presents at the hospital States that legally require all medical nancy, reducing the risk by as much as 89 whom hospital personnel have reason to be- providers to offer this care to rape sur- percent if taken within days of unprotected lieve is a victim of sexual assault. vivors. Before this law, one-third of intercourse and up to 95 percent if taken in (b) ASSISTANCE FOR VICTIMS.—The condi- New Jersey’s hospitals did not provide the first 24 hours. tions specified in this subsection regarding a this vital medication. New Jersey’s law (6) Medical research strongly indicates hospital and a woman described in sub- should be the national standard. The that the sooner emergency contraception is section (a) are as follows: (1) The hospital promptly provides the bill would require that all hospitals administered, the greater the likelihood of preventing unintended pregnancy. woman with medically and factually accu- that receive Federal funding offer in- (7) In light of the safety and effectiveness rate and unbiased written and oral informa- formation and access to emergency of emergency contraceptive pills, both the tion about emergency contraception, includ- contraception for victims of rape. American Medical Association and the ing information explaining that— In January of this year I, along with American College of Obstetricians and Gyne- (A) emergency contraception has been ap- 21 Senators, wrote a letter to the De- cologists have endorsed more widespread proved by the Food and Drug Administration partment of Justice asking that they availability of such pills. as a safe and effective way to prevent preg- include information about emergency (8) The American College of Emergency nancy after unprotected intercourse or con- Physicians and the American College of Ob- traceptive failure if taken in a timely man- contraception in their national pro- stetricians and Gynecologists agree that of- ner, and is more effective the sooner it is tocol for sexual assault hospital exami- fering emergency contraception to female taken; and nations. But they did not. In all 141 patients after a sexual assault should be con- (B) emergency contraception does not pages, the protocol fails to provide sex- sidered the standard of care. cause an abortion and cannot interrupt an ual assault victims with access to this (9) Approximately 30 percent of American established pregnancy. needed information and treatment. The women of reproductive age are unaware of (2) The hospital promptly offers emergency protocol instead leaves the door open the availability of emergency contraception. contraception to the woman, and promptly (10) New data from a survey of women hav- for health care professionals to decide provides such contraception to her at the ing abortions estimates that 51,000 abortions hospital on her request. whether or not to discuss certain treat- were prevented by use of emergency contra- (3) The information provided pursuant to ment options. Today, I want to close ception in 2000 and that increased use of paragraph (1) is in clear and concise lan- that door. emergency contraception accounted for 43 guage, is readily comprehensible, and meets In order to provide comprehensive percent of the decrease in total abortions be- such conditions regarding the provision of medical care, hospitals must also pro- tween 1994 and 2000. the information in languages other than vide quick access to preventive medica- (11) It is essential that all hospitals that English as the Secretary may establish. tion that helps protect victims of sex- provide emergency medical treatment pro- (4) The services described in paragraphs (1) vide emergency contraception as a treat- ual assault from potentially fatal sexu- through (3) are not denied because of the in- ment option to any woman who has been sex- ability of the woman to pay for the services. ally transmitted diseases, such as HIV ually assaulted, so that she may prevent an SEC. 4. PREVENTION OF TRANSMISSIBLE DIS- and hepatitis B. We have an obligation unintended pregnancy. EASE. to protect sexual assault victims from (12) Victims of sexual assault are at in- (a) IN GENERAL.—No hospital shall receive these life threatening infections. creased risk of contracting sexually trans- Federal funds unless such hospital provides We must not sit idly by while so mitted diseases. risk assessment, counseling, and treatment many sexual assault survivors are de- (13) Some sexually-transmitted infections as required under this section to a survivor cannot be reliably cured if treatment is de- prived the medical care they need and of sexual assault described in subsection (b). layed, and may result in high morbidity and (b) SURVIVORS OF SEXUAL ASSAULT.—An in- deserve. Once these survivors seek mortality. HIV has killed over 520,000 Ameri- dividual is a survivor of a sexual assault as treatment we ought to make sure that cans, and the Centers for Disease Control described in this subsection if the indi- they get the treatment they need. Ide- and Prevention currently estimates that vidual— ology should never stand between pa- over 1,000,000 Americans are infected with (1) presents at the hospital and declares tients and the care they deserve. the virus. Even modern drug treatment has that the individual is a victim of sexual as- Mr. President, I ask unanimous con- failed to cure infected individuals. Nearly sault, or the individual is accompanied to sent that the text of the bill be printed 80,000 Americans are infected with hepatitis the hospital by another individual who de- B each year, with some individuals unable to clares that the first individual is a victim of in the RECORD. fully recover. An estimated 1,250,000 Ameri- a sexual assault; or There being no objection, the bill was cans remain chronically infected with the (2) presents at the hospital and hospital ordered to be printed in the RECORD, as hepatitis B virus and at present, one in five personnel have reason to believe the indi- follows: of these may expect to die of liver failure. vidual is a victim of sexual assault. S. 1264 (14) It is possible to prevent some sexually (c) REQUIREMENT FOR RISK ASSESSMENT, transmitted diseases by treating an exposed COUNSELING, AND TREATMENT.—The following Be it enacted by the Senate and House of Rep- individual promptly. The use of post-expo- shall apply with respect to a hospital de- resentatives of the United States of America in sure prophylaxis using antiretroviral drugs scribed in subsection (a): Congress assembled, has been demonstrated to effectively prevent (1) RISK ASSESSMENT.—A hospital shall SECTION 1. SHORT TITLE. the establishment of HIV infection. Hepatitis promptly provide a survivor of a sexual as- This Act may be cited as the ‘‘Compas- B infection may also be eliminated if an ex- sault with an assessment of the individual’s sionate Assistance for Rape Emergencies posed individual receives prompt treatment. risk for contracting sexually transmitted in- Act’’. (15) The Centers for Disease Control and fections as described in paragraph (2)(A), SEC. 2. FINDINGS. Prevention has recommended risk evalua- which shall be conducted by a licensed med- The Congress finds as follows: tion and appropriate application of post-ex- ical professional and be based upon— (1) It is estimated that 25,000 to 32,000 posure treatment for victims of sexual as- (A) available information regarding the as- women become pregnant each year as a re- sault. For such individuals, immediate treat- sault as well as the subsequent findings from

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6761 medical examination and any tests that may (4) SECRETARY.—The term ‘‘Secretary’’ Agency in Dayton, Ohio; Mid-Ohio Re- be conducted; and means the Secretary of Health and Human gional Planning Commission. (B) established standards of risk assess- Services. The cosponsors of this legislation and ment which shall include consideration of (5) SEXUAL ASSAULT.— these groups do not agree on many any recommendations established by the (A) IN GENERAL.—The term ‘‘sexual as- issues—which is why this bill is so spe- Centers for Disease Control and Prevention, sault’’ means a sexual act (as defined in sub- and may also incorporate findings of peer-re- paragraphs (A) through (C) of section 2246(2) cial. viewed clinical studies and appropriate re- of title 18, United States Code) where the The process for developing this legis- search utilizing in vitro and non-human pri- victim involved does not consent or lacks lation began last year when several of mate models of infection. the capacity to consent. these organizations came in to meet (2) COUNSELING.—A hospital shall provide a (B) APPLICATION OF PROVISIONS.—The defi- with me. They informed me of the survivor of a sexual assault with advice, pro- nition under subparagraph (A) shall— harmful public health impact of diesel vided by a licensed medical professional, (i) in the case of section 2, apply to males emissions. Onroad and nonroad diesel concerning— and females, as appropriate; vehicles and engines account for rough- (A) significantly prevalent sexually trans- (ii) in the case of section 3, apply only to ly one-half of the nitrogen oxide and missible infections for which effective post- females; and particulate matter mobile source emis- exposure prophylaxis exists, and for which (iii) in the case of section 4, apply to all in- the deferral of treatment would either sig- dividuals. sions nationwide. nificantly reduce treatment efficacy or SEC. 6. EFFECTIVE DATE; AGENCY CRITERIA. I was pleased to hear that the admin- would pose substantial risk to the individ- This Act shall take effect upon the expira- istration had taken strong action with ual’s health; and tion of the 180-day period beginning on the new diesel fuel and engine regulations, (B) the requirement that prophylactic date of the enactment of this Act. Not later which were developed in a collabo- treatment for infections as described in sub- than 30 days prior to the expiration of such rative effort to substantially reduce paragraph (A) shall be provided to the indi- period, the Secretary of Health and Human diesel emissions. However, I was told vidual upon request, regardless of the ability Services shall publish in the Federal Reg- that the full health benefit would not of the individual to pay for such treatment. ister criteria for carrying out this Act. be realized until 2030 because these reg- (3) TREATMENT.—A hospital shall provide a survivor of a sexual assault, upon request, By Mr. VOINOVICH (for himself, ulations address new engines and the estimated 11 million existing engines with prophylactic treatment for infections Mr. CARPER, Mrs. CLINTON, Mr. have a long life. described in paragraph (2)(A). ISAKSON, Mrs. HUTCHISON, Mrs. I was pleased that they had a con- (4) ABILITY TO PAY.—The services described FEINSTEIN, Mr. INHOFE, and Mr. in paragraphs (1) through (3) shall not be de- structive suggestion on how we could JEFFORDS): nied because of the inability of the indi- S. 1265. A bill to make grants and address this problem. They informed vidual involved to pay for the services. me of successful grant and loan pro- loans available to States and other or- (5) LANGUAGE.—Any information provided grams at the State and local level ganizations to strengthen the econ- pursuant to this subsection shall be clear throughout the Nation that were work- omy, public health, and environment of and concise, readily comprehensible, and ing on a voluntary basis to retrofit die- meet such conditions regarding the provision the United States by reducing emis- sel engines. of the information in languages other than sions from diesel engines; to the Com- English as the Secretary may establish. I was also cognizant that the new mittee on Environment and Public ozone and particulate matter air qual- (d) RULE OF CONSTRUCTION.—Nothing in Works. ity standards were going into effect this section shall be construed to— Mr. VOINOVICH. Mr. President, I and that a voluntary program was (1) require that a hospital provide prophy- speak as Chairman of the Environment needed to help the nation’s 495 and lactic treatment for a victim of sexual as- and Public Works Subcommittee on sault when risk evaluation according to cri- Ohio’s 38 nonattainment counties—es- Clean Air, Climate Change, and Nu- teria adopted by the Centers for Disease Con- pecially those that are in moderate trol and Prevention clearly recommend clear Safety to introduce a landmark, nonattainment like Northeast Ohio. against the application of post-exposure pro- bipartisan piece of legislation—the Additionally, I have visited with Uni- phylaxis; Diesel Emissions Reduction Act of 2005. versity of Cincinnati Medical Center (2) prohibit a hospital from seeking reim- This bill is cosponsored by Environ- doctors—as recently as this month—to bursement for the cost of services provided ment and Public Works Committee JIM discuss their Cincinnati Childhood Al- under this section to the extent that health INHOFE and ranking member JIM JEF- lergy and Air Pollution Study. Some of insurance may reimburse for such services; FORDS and Senators TOM CARPER, JOHN- and the early results indicate disturbing NY ISAKSON, HILLARY CLINTON, KAY BAI- (3) establish a requirement that any victim impacts on the development of children of sexual assault submit to diagnostic test- LEY HUTCHISON, and DIANNE FEINSTEIN. living near highways. ing for the presence of any infectious dis- Focused on improving air quality and It became clear to me that a national ease. protecting public health, it would es- program was needed. We then formed a (e) LIMITATION.—Federal funds may not be tablish voluntary national and state- strong, diverse coalition comprised of provided to a hospital under any health-re- level grant and loan programs to pro- environmental, industry, and public of- lated program unless the hospital complies mote the reduction of diesel emissions. ficials. The culmination of this work is with the requirements of this section. Additionally, the bill would help areas being revealed today in the Diesel SEC. 5. DEFINITIONS. come into attainment for the new air Emissions Reduction Act of 2005. In this Act: quality standards. This legislation would establish vol- (1) EMERGENCY CONTRACEPTION.—The term Developed with environmental, in- untary national and State-level grant ‘‘emergency contraception’’ means a drug, dustry, and public officials, the legisla- and loan programs to promote the re- drug regimen, or device that is— tion complements Environmental Pro- duction of diesel emissions. It would (A) approved by the Food and Drug Admin- tection Agency, EPA, regulations now authorize $1 billion over 5 years—$200 istration to prevent pregnancy; and being implemented that address diesel million annually. Some will claim that (B) is used postcoitally. fuel and new diesel engines. I am this is too much money and others will (2) HOSPITAL.—The term ‘‘hospital’’ has the pleased to be joined by a strong and di- claim it is not enough—which is prob- meaning given such term in title XVIII of verse group of organizations and offi- the Social Security Act, including the mean- ably why it is just right. ing applicable in such title for purposes of cials: Environmental Defense; Clean We should first recognize that the making payments for emergency services to Air Task Force; Union of Concerned need far outpaces what is contained in hospitals that do not have agreements in ef- Scientists; Ohio Environmental Coun- the legislation. This funding is also fis- fect under such title. Such term includes a cil; Caterpillar Inc.; Cummins Inc.; cally responsible as diesel retrofits health care facility that is located within, or Diesel Technology Forum; Emissions have proven to be one of the most cost- contracted to, a correctional institution or a Control Technology Association; Asso- effective emissions reduction strate- post-secondary educational institution. ciated General Contractors of America; gies. Furthermore, as a former Gov- (3) LICENSED MEDICAL PROFESSIONAL.—The State and Territorial Air Pollution ernor, I know firsthand that the new term ‘‘licensed medical professional’’ means a doctor of medicine, doctor of osteopathy, Program Administrators/Association of air quality standards are an unfunded registered nurse, physician assistant, or any Local Air Pollution Control Officials; mandate on our states and localities— other healthcare professional determined ap- Ohio Environmental Protection Agen- and they need the Federal Govern- propriate by the Secretary. cy; Regional Air Pollution Control ment’s help.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6762 CONGRESSIONAL RECORD — SENATE June 16, 2005 This legislation would help bring (ii) returned to the supplier for remanufac- (2) INCLUSIONS.—An application under this counties into attainment by encour- turing to a more stringent set of engine subsection shall include— aging the retrofitting or replacement emissions standards or for scrappage. (A) a description of the air quality of the of diesel engines, substantially reduc- (3) ELIGIBLE ENTITY.—The term ‘‘eligible area served by the eligible entity; entity’’ means— (B) the quantity of air pollution produced ing diesel emissions and the formation (A) a regional, State, local, or tribal agen- by the diesel fleet in the area served by the of ozone and particulate matter. cy with jurisdiction over transportation or eligible entity; The bill is efficient with the Federal air quality; and (C) a description of the project proposed by Government’s dollars in several ways. (B) a nonprofit organization or institution the eligible entity, including— First, 20 percent of the funding would that— (i) any certified engine configuration, be distributed to States that establish (i) represents organizations that own or op- verified technology, or emerging technology voluntary diesel retrofit programs. 10 erate diesel fleets; or to be used by the eligible entity; and (ii) has, as its principal purpose, the pro- (ii) the means by which the project will percent of the bill’s overall funding motion of transportation or air quality. would be set aside as an incentive for achieve a significant reduction in diesel (4) EMERGING TECHNOLOGY.—The term emissions; States to match the Federal dollars ‘‘emerging technology’’ means a technology (D) an evaluation (using methodology ap- being provided. The remaining 70 per- that is not certified or verified by the Ad- proved by the Administrator or the National cent of the program would be adminis- ministrator or the California Air Resources Academy of Sciences) of the quantifiable and Board but for which an approvable applica- tered by the EPA. unquantifiable benefits of the emissions re- tion and test plan has been submitted for Second, the program would focus on ductions of the proposed project; verification to the Administrator or the (E) an estimate of the cost of the proposed nonattainment areas where help is California Air Resources Board. project; needed the most. Third, it would re- (5) HEAVY-DUTY TRUCK.—The term ‘‘heavy- (F) a description of the age and expected quire at least 50 percent of the Federal duty truck’’ has the meaning given the term program to be used on public fleets ‘‘heavy duty vehicle’’ in section 202 of the lifetime control of the equipment used by since we are talking about public dol- Clean Air Act (42 U.S.C. 7521). the eligible entity; (6) MEDIUM-DUTY TRUCK.—The term ‘‘me- (G) a description of the diesel fuel avail- lars. Fourth, it would place a high pri- able to the eligible entity, including the sul- ority on the projects that are the most dium-duty truck’’ has such meaning as shall be determined by the Administrator, by reg- fur content of the fuel; and cost effective and affect the most peo- ulation. (H) provisions for the monitoring and ple. (7) VERIFIED TECHNOLOGY.—The term verification of the project. Lastly, the bill would include provi- ‘‘verified technology’’ means a pollution con- (3) PRIORITY.—In providing a grant or loan sions to help develop new technologies, trol technology, including a retrofit tech- under this section, the Administrator shall encourage more action through non-fi- nology, that has been verified by— give priority to proposed projects that, as de- nancial incentives, and require EPA to (A) the Administrator; or termined by the Administrator— outreach to stakeholders and report on (B) the California Air Resources Board. (A) maximize public health benefits; (B) are the most cost-effective; the success of the program. SEC. 3. NATIONAL GRANT AND LOAN PROGRAMS. (a) IN GENERAL.—The Administrator shall (C) serve areas— EPA estimates that this billion dol- use 70 percent of the funds made available to (i) with the highest population density; lar program would leverage an addi- carry out this Act for each fiscal year to pro- (ii) that are poor air quality areas, includ- tional $500 million leading to a net ben- vide grants and low-cost revolving loans, as ing areas identified by the Administrator efit of almost $20 billion with a reduc- determined by the Administrator, on a com- as— tion of about 70,000 tons of particulate petitive basis, to eligible entities to achieve (I) in nonattainment or maintenance of na- matter. This is a 13 to 1 benefit-cost significant reductions in diesel emissions in tional ambient air quality standards for a ratio. terms of— criteria pollutant; (1) tons of pollution produced; and The Diesel Emissions Reduction Act (II) Federal Class I areas; or (2) diesel emissions exposure, particularly (III) areas with toxic air pollutant con- of 2005 enjoys broad bipartisan support, from fleets operating in areas designated by cerns; and it is needed desperately. I plan to the Administrator as poor air quality areas. (iii) that receive a disproportionate quan- work with the bill’s cosponsors and the (b) DISTRIBUTION.— tity of air pollution from a diesel fleet, in- coalition to use every avenue to get it (1) IN GENERAL.—The Administrator shall cluding ports, rail yards, and distribution signed into law as soon as possible. distribute funds made available for a fiscal centers; or I ask unanimous consent that the year under this Act in accordance with this (iv) that use a community-based multi- text of the bill be printed in the section. stakeholder collaborative process to reduce (2) FLEETS.—The Administrator shall pro- toxic emissions; RECORD. vide not less than 50 percent of funds avail- There being no objection, the bill was (D) include a certified engine configura- able for a fiscal year under this section to el- tion, verified technology, or emerging tech- ordered to be printed in the RECORD, as igible entities for the benefit of public fleets. nology that has a long expected useful life; follows: (3) ENGINE CONFIGURATIONS AND TECH- (E) will maximize the useful life of any ret- S. 1265 NOLOGIES.— rofit technology used by the eligible entity; (A) CERTIFIED ENGINE CONFIGURATIONS AND Be it enacted by the Senate and House of Rep- and VERIFIED TECHNOLOGIES.—The Administrator resentatives of the United States of America in (F) use diesel fuel with a sulfur content of shall provide not less than 90 percent of Congress assembled, less than or equal to 15 parts per million, as funds available for a fiscal year under this SECTION 1. SHORT TITLE. the Administrator determines to be appro- section to eligible entities for projects priate. This Act may be cited as the ‘‘Diesel Emis- using— sions Reduction Act of 2005’’. (i) a certified engine configuration; or (d) USE OF FUNDS.— SEC. 2. DEFINITIONS. (ii) a verified technology. (1) IN GENERAL.—An eligible entity may use In this Act: (B) EMERGING TECHNOLOGIES.— a grant or loan provided under this section (1) ADMINISTRATOR.—The term ‘‘Adminis- (i) IN GENERAL.—The Administrator shall to fund the costs of— trator’’ means the Administrator of the En- provide not more than 10 percent of funds (A) a retrofit technology (including any in- vironmental Protection Agency. available for a fiscal year under this section cremental costs of a repowered or new diesel (2) CERTIFIED ENGINE CONFIGURATION.—The to eligible entities for the development and engine) that significantly reduces emissions term ‘‘certified engine configuration’’ means commercialization of emerging technologies. through development and implementation of a new, rebuilt, or remanufactured engine (ii) APPLICATION AND TEST PLAN.—To re- a certified engine configuration, verified configuration— ceive funds under clause (i), a manufacturer, technology, or emerging technology for— (A) that has been certified or verified by— in consultation with an eligible entity, shall (i) a bus; (i) the Administrator; or submit for verification to the Administrator (ii) a medium-duty truck or a heavy-duty (ii) the California Air Resources Board; or the California Air Resources Board a test truck; (B) that meets or is rebuilt or remanufac- plan for the emerging technology, together (iii) a marine engine; tured to a more stringent set of engine emis- with the application under subsection (c). (iv) a locomotive; or sion standards, as determined by the Admin- (c) APPLICATIONS.— (v) a nonroad engine or vehicle used in— istrator; and (1) IN GENERAL.—To receive a grant or loan (I) construction; (C) in the case of a certified engine con- under this section, an eligible entity shall (II) handling of cargo (including at a port figuration involving the replacement of an submit to the Administrator an application or airport); existing engine or vehicle, an engine configu- at a time, in a manner, and including such (III) agriculture; ration that replaced an engine that was— information as the Administrator may re- (IV) mining; or (i) removed from the vehicle; and quire. (V) energy production; or

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6763 (B) an idle-reduction program involving a (ii) shall not be required to provide a air quality problems of the potential of tech- vehicle or equipment described in subpara- matching share for any additional amount nology developed or used in the United graph (A). received under subparagraph (A). States to provide emission reductions in (2) REGULATORY PROGRAMS.— (4) UNCLAIMED FUNDS.—Any funds that are those countries. (A) IN GENERAL.—Notwithstanding para- not claimed by a State for a fiscal year SEC. 7. EFFECT OF ACT. graph (1), no grant or loan provided under under this subsection shall be used to carry Nothing in this Act affects any authority this section shall be used to fund the costs of out section 3. under the Clean Air Act (42 U.S.C. 7401 et emissions reductions that are mandated (d) ADMINISTRATION.— seq.) in existence on the day before the date under Federal, State or local law. (1) IN GENERAL.—Subject to paragraphs (2) of enactment of this Act. (B) MANDATED.—For purposes of subpara- and (3) and, to the extent practicable, the SEC. 8. AUTHORIZATION OF APPROPRIATIONS. priority areas listed in section 3(c)(3), a graph (A), voluntary or elective emission re- There is authorized to be appropriated to State shall use any funds provided under this duction measures shall not be considered carry out this Act $200,000,000 for each of fis- section to develop and implement such grant ‘‘mandated’’, regardless of whether the re- cal years 2006 through 2010, to remain avail- and low-cost revolving loan programs in the ductions are included in the State implemen- able until expended. tation plan of a State. State as are appropriate to meet State needs SEC. 4. STATE GRANT AND LOAN PROGRAMS. and goals relating to the reduction of diesel By Mr. BINGAMAN: emissions. (a) IN GENERAL.—Subject to the avail- S. 1267. A bill to amend title IV of the (2) APPORTIONMENT OF FUNDS.—The Gov- ability of adequate appropriations, the Ad- Higher Education Act of 1965 to reau- ministrator shall use 30 percent of the funds ernor of a State that receives funding under made available for a fiscal year under this this section may determine the portion of thorize the Gaining Early Awareness Act to support grant and loan programs ad- funds to be provided as grants or loans. and Readiness for Undergraduate Pro- ministered by States that are designed to (3) USE OF FUNDS.—A grant or loan pro- grams, and for other purposes; to the achieve significant reductions in diesel emis- vided under this section may be used for a Committee on Health, Education, sions. project relating to— Labor, and Pensions. (b) APPLICATIONS.—The Administrator (A) a certified engine configuration; or Mr. BINGAMAN. Mr. President, our (B) a verified technology. shall— country is facing a crisis. Too many of (1) provide to States guidance for use in ap- SEC. 5. EVALUATION AND REPORT. our young people leave high school plying for grant or loan funds under this sec- (a) IN GENERAL.—Not later than 2 years tion, including information regarding— after the date of enactment of this Act, and without the skills necessary to meet (A) the process and forms for applications; biennially thereafter, the Administrator the demands of a global economy. Ac- (B) permissible uses of funds received; and shall submit to Congress a report evaluating cording to a recent U.S. Chamber of (C) the cost-effectiveness of various emis- the implementation of the programs under Commerce survey, 75 percent of em- sion reduction technologies eligible to be this Act. ployers report severe difficulties when carried out using funds provided under this (b) INCLUSIONS.—The report shall include a trying to hire qualified workers, with section; and description of— 40 percent of job applicants having poor (1) the total number of grant applications (2) establish, for applications described in skills. As many as 3.3 million jobs may paragraph (1)— received; (A) an annual deadline for submission of (2) each grant or loan made under this Act, be sent overseas in the next 15 years, the applications; including the amount of the grant or loan; causing American workers to lose $136 (B) a process by which the Administrator (3) each project for which a grant or loan is billion in wages. The strength of our shall approve or disapprove each application; provided under this Act, including the cri- economy, and the future of our nation, and teria used to select the grant or loan recipi- largely rests on our ability to improve (C) a streamlined process by which a State ents; educational opportunities for all of our may renew an application described in para- (4) the estimated air quality benefits, cost- citizens. graph (1) for subsequent fiscal years. effectiveness, and cost-benefits of the grant An educated, skilled, and flexible and loan programs under this Act; (c) ALLOCATION OF FUNDS.— workforce is essential to building a (1) IN GENERAL.—For each fiscal year, the (5) the problems encountered by projects Administrator shall allocate among States for which a grant or loan is provided under strong and dynamic economy, and, if for which applications are approved by the this Act; and we are going to maintain our country’s Administrator under subsection (b)(2)(B) (6) any other information the Adminis- ability to compete in a global econ- funds made available to carry out this sec- trator considers to be appropriate. omy, we must help prepare young peo- tion for the fiscal year. SEC. 6. OUTREACH AND INCENTIVES. ple to meet the demands of the 21st (2) ALLOCATION.—Using not more than 20 (a) DEFINITION OF ELIGIBLE TECHNOLOGY.— century workforce. I introduce legisla- percent of the funds made available to carry In this section, the term ‘‘eligible tech- tion that will ensure more students out this section for a fiscal year, the Admin- nology’’ means— graduate high school ready for college istrator shall provide to each State described (1) a verified technology; or in paragraph (1) for the fiscal year an alloca- (2) an emerging technology. and the workforce. tion of funds that is equal to— (b) TECHNOLOGY TRANSFER PROGRAM.— Only 68 percent of all students in the (A) if each of the 50 States qualifies for an (1) IN GENERAL.—The Administrator shall U.S. graduate high school on time with allocation, an amount equal to 2 percent of establish a program under which the Admin- a regular diploma. And, the numbers the funds made available to carry out this istrator— are worse if the student is Hispanic, Af- section; or (A) informs stakeholders of the benefits of rican American, Native American, has (B) if fewer than 50 States qualifies for an eligible technologies; and a disability, or is male. Sadly, a recent allocation, an amount equal to the amount (B) develops nonfinancial incentives to report indicates that students are drop- described in subparagraph (A), plus an addi- promote the use of eligible technologies. ping out at a younger age, resulting in tional amount equal to the product obtained (2) ELIGIBLE STAKEHOLDERS.—Eligible by multiplying— stakeholders under this section include— an even less educated workforce. (i) the proportion that— (A) equipment owners and operators; For students who graduate with a (I) the population of the State; bears to (B) emission control technology manufac- high school diploma, too few go on di- (II) the population of all States described turers; rectly to college. Astonishingly, only in paragraph (1); by (C) engine and equipment manufacturers; 38 percent of high school freshmen will (ii) the amount of funds remaining after (D) State and local officials responsible for earn a high school diploma and make each State described in paragraph (1) re- air quality management; the immediate transition to college di- ceives the 2-percent allocation under this (E) community organizations; and paragraph. (F) public health and environmental orga- rectly after graduation. In New Mexico, (3) STATE MATCHING INCENTIVE.— nizations. the statistics are pretty staggering. (A) IN GENERAL.—If a State agrees to (c) STATE IMPLEMENTATION PLANS.—The For every 50 ninth graders in New Mex- match the allocation provided to the State Administrator shall develop appropriate ico, only 30 will graduate high school; under paragraph (2) for a fiscal year, the Ad- guidance to provide credit to a State for 18 will enter college; 11 are still en- ministrator shall provide to the State for the emission reductions in the State created by rolled in their sophomore year; and 5.5 fiscal year an additional amount equal to 50 the use of eligible technologies through a graduate from college within 6 years. percent of the allocation of the State under State implementation plan under section 110 We must do better. paragraph (2). of the Clean Air Act (42 U.S.C. 7410). (B) REQUIREMENTS.—A State— (d) INTERNATIONAL MARKETS.—The Admin- We also know, unfortunately, that as (i) may not use funds received under this istrator, in coordination with the Depart- many as 40 percent of this country’s Act to pay a matching share required under ment of Commerce and industry stake- high school graduates are not prepared this subsection; and holders, shall inform foreign countries with to meet the demands of college or a

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6764 CONGRESSIONAL RECORD — SENATE June 16, 2005 competitive workforce. A survey of col- My legislation does not change the allocation will go to eligible partner- lege professors reveals that half of all fundamental structure of GEAR UP; it ships on a competitive basis. public school graduates are not ade- maintains States and partnerships as We all can agree that it is in our na- quately prepared to do college-level eligible entities. The legislation, how- tional interest to ensure that all of our math or writing. ever, changes the focus and the types students leave high school prepared to There is some good news, however; of activities the eligible entities must meet the demands of the 21st century we know what works. Research con- engage in. Eligible entities will now be workforce. This legislation provides an ducted by the Department of Education required to provide activities that en- opportunity to systemically change the shows that the single best predictor of sure more students participate in col- way our secondary schools prepare all college success is the quality and level lege preparation coursework. Further, students for college and a competitive of a student’s high school classes. Stu- my legislation requires the activities workforce. I ask unanimous consent dents who take a solid college prep cur- to be designed so as to benefit both the text of this bill be printed in the riculum are less likely to need reme- current students as well as future co- RECORD. dial classes, and are more likely to horts of students. There being no objection, the bill was earn a college degree. In fact, evidence As in current law, partnerships are ordered to be printed in the RECORD, as shows that the intensity and quality of comprised of school districts, institu- follows: high school curriculum is the greatest tions of higher education, and commu- S. 1267 measure of completion of a bachelor’s nity organizations. The legislation also Be it enacted by the Senate and House of Rep- degree. Importantly, studies also show retains the focus on cohorts of students resentatives of the United States of America in that not only do college-bound stu- that exists in current law by requiring Congress assembled, dents benefit from rigorous courses, grantees to serve one grade level of SECTION 1. SHORT TITLE. but that all students benefit from more students, beginning not later than the This Act may be cited as the ‘‘Gearing Up rigorous coursework. Accordingly, it is 7th grade, through the 12th grade. Un- for Academic Success Act’’. critical that all of our young people SEC. 2. GAINING EARLY AWARENESS AND READI- like current law, however, partnerships NESS FOR UNDERGRADUATE PRO- have access to rigorous coursework in will now be required to provide activi- secondary school in order to meet the GRAMS ties designed to ensure the secondary Chapter 2 of subpart 2 of part A of title IV demands of postsecondary education school completion and college enroll- of the Higher Education Act of 1965 (20 U.S.C. and a competitive workforce. ment of this cohort of students. The 1070a–21 et seq.) is amended to read as fol- Therefore, I introduce legislation legislation will also require the part- lows: that builds on this research and works ‘‘CHAPTER 2—GAINING EARLY AWARE- toward a goal of ensuring that all sec- nership to focus on developing a more rigorous curriculum and on profes- NESS AND READINESS FOR UNDER- ondary school students are enrolled in GRADUATE PROGRAMS classes that prepare them to excel in sional development opportunities for teachers of college prep courses. Con- ‘‘SEC. 404A. DEFINITION OF ELIGIBLE ENTITY. college and in the workplace. ‘‘In this chapter, the term ‘eligible entity’ The GEAR UP program, Gaining sequently, future cohorts of students means— Early Awareness and Readiness for Un- would benefit from the more rigorous ‘‘(1) a State; or dergraduate Programs, was first au- curriculum and the professional devel- ‘‘(2) a partnership consisting of— thorized in 1998 and was designed to opment available to the teachers. ‘‘(A) 1 or more local educational agencies promote student achievement and ac- Partnerships may also engage in a acting on behalf of— ‘‘(i) 1 or more elementary schools, middle cess to postsecondary education among wide variety of other activities permis- sible under current law, including pro- schools, or secondary schools; and low-income students. Since that time, ‘‘(ii) the secondary schools that students GEAR UP grants have served over a viding mentoring and advising, cre- ating summer programs at institutions from the schools described in clause (i) million students per year. In my home would normally attend; State of New Mexico, there are six of higher education, providing skills ‘‘(B) 1 or more degree granting institutions GEAR UP programs that serve thou- assessment, personal and family coun- of higher education; and sands of students in many different seling, financial aid counseling, and ac- ‘‘(C) at least 2 community organizations or ways, including by instituting reading tivities designed to foster parent in- entities, such as businesses, professional as- and math programs, taking students to volvement in issues surrounding com- sociations, community-based organizations, pletion of high school and the attain- philanthropic organizations, State agencies, colleges so they can begin to imagine institutions or agencies sponsoring programs themselves on a college campus, cre- ment of a college education. The State can play a more effective authorized under subpart 4, or other public ating science fairs and technology or private agencies or organizations. role in ensuring students graduate high training seminars, providing career and ‘‘SEC. 404B. EARLY INTERVENTION AND COLLEGE financial counseling, and many other school prepared for college, and accord- AWARENESS PROGRAM AUTHOR- vital services. And, the individuals who ingly, my legislation requires State IZED. work with GEAR UP programs are grantees to focus on two types of ac- ‘‘The Secretary is authorized to award tivities. First, the State would be re- grants in accordance with section 404C— some of the most dedicated profes- ‘‘(1) to eligible entities described in section sionals I have met. quired to provide policy leadership to promote college readiness of students 404A(1) to enable the eligible entities to I believe we can build on the suc- carry out the authorized activities described cesses of GEAR UP to ensure more stu- in the State, particularly those who in section 404D(b); and dents leave high school prepared for are at risk of dropping out of school ‘‘(2) to eligible entities described in section the academic rigor of college and a and those who are economically dis- 404A(2) to enable the eligible entities to competitive workforce. My legislation, advantaged. And, second, the State will carry out the authorized activities described called Gearing Up for Academic Suc- be responsible for promoting coordina- in section 404D(a). cess, will support and strengthen tion and information sharing among all ‘‘SEC. 404C. GRANTS TO ELIGIBLE ENTITIES. GEAR UP so that it promotes lasting GEAR UP grantees in the state, pro- ‘‘(a) GENERAL RESERVATIONS.—From the amount appropriated under section 404H for and systemic change in the schools viding technical assistance and train- ing, disseminating information about a fiscal year the Secretary shall reserve— served by the GEAR UP grant. ‘‘(1) an amount sufficient to continue The legislation places a particular best practices, and providing opportu- multiyear grant and scholarship awards focus on encouraging more students to nities for eligible partnerships to co- made under this chapter prior to the date of take college preparation courses, espe- ordinate their efforts. enactment of the Gearing Up for Academic cially those who are at risk for drop- This program is so worthwhile, and Success Act, in accordance with the terms ping out of school. But, it also builds leadership at the State level is abso- and conditions of such awards; and capacity within the school so that ac- lutely critical, and accordingly, pro- ‘‘(2) the amount described in section 404G tivities funded with a GEAR UP grant pose changing the formula to make to carry out section 404G. ‘‘(b) COMPETITIVE GRANT AWARDS.— benefit not only the students who re- funds available to every State. When ‘‘(1) IN GENERAL.—If the amount appro- ceive the services, but also future co- appropriations for GEAR UP exceed priated under section 404H for a fiscal year is horts of students who enter GEAR UP $400,000,000 per year, one third of the less than $400,000,000, then the Secretary schools after the initial grants have funds will be made available to each shall use the amount that remains after re- ended. State by formula. The remainder of the serving funds under subsection (a) to award

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6765 grants, on a competitive basis and in accord- monwealth of the Northern Mariana Islands, tinuing system of mentoring and advising ance with paragraph (2), to eligible entities the Republic of the Marshall Islands, the that— described in paragraphs (1) and (2) of section Federated States of Micronesia, and the Re- ‘‘(i) is coordinated with the Federal and 404A to enable the eligible entities to carry public of Palau. State community service initiatives; and out the authorized activities described in ‘‘(ii) POVERTY LINE.—The term ‘‘poverty ‘‘(ii) may include such support services as section 404D. line’’ means the poverty line (as defined by after school and summer tutoring, assistance ‘‘(2) DISTRIBUTION OF COMPETITIVE GRANT the Office of Management and Budget and re- in obtaining summer jobs, career mentoring, AWARDS.—From the amount made available vised annually in accordance with section and academic counseling. under paragraph (1) that remains after re- 673(2) of the Community Services Block ‘‘(B) Requiring each student to enter into serving funds under subsection (a) for a fiscal Grant Act) applicable to a family of the size an agreement under which the student year, the Secretary shall— involved. agrees to achieve certain academic mile- ‘‘(A) make available— ‘‘(iii) STATE.—The term ‘State’ means each stones, such as completing a prescribed set ‘‘(i) not less than 33 percent of the remain- of the several States of the United States, of courses and maintaining satisfactory der to eligible entities described in section the District of Columbia, and the Common- progress described in section 484(c), in ex- 404A(1); and wealth of Puerto Rico. change for receiving tuition assistance for a ‘‘(ii) not less than 33 percent of the remain- ‘‘SEC. 404D. AUTHORIZED ACTIVITIES. period of time to be established by each eli- der to eligible entities described in section ‘‘(a) USES OF FUNDS FOR PARTNERSHIPS.— gible entity. 404A(2); and ‘‘(1) COHORT APPROACH.— ‘‘(C) Activities such as the identification of ‘‘(B) award the remainder not made avail- ‘‘(A) IN GENERAL.—The Secretary shall re- children at risk of dropping out of school, able under subparagraph (A) to eligible enti- quire that eligible entities described in sec- volunteer and parent involvement, providing ties described in paragraph (1) or (2) of sec- tion 404A(2)— former or current scholarship recipients as tion 404A. ‘‘(i) provide services under this chapter to mentor or peer counselors, skills assessment, ‘‘(3) SPECIAL RULE.—The Secretary shall at least 1 grade level of students, beginning personal counseling, family counseling and annually reevaluate the distribution of funds not later than 7th grade, in a participating home visits, and programs and activities described in paragraph (2)(B) based on the school that has a 7th grade and in which at that are specially designed for students of number, quality, and promise of the applica- limited English proficiency and students tions and adjust the distribution accord- least 50 percent of the students enrolled are eligible for a free or reduced-price lunch with disabilities. ingly. ‘‘(D) Summer programs for individuals who ‘‘(c) FORMULA AND COMPETITIVE GRANT under the Richard B. Russell National are in their sophomore or junior years of sec- AWARDS.— School Lunch Act (or, if an eligible entity ondary school or are planning to attend an ‘‘(1) IN GENERAL.—If the amount appro- determines that it would promote the effec- institution of higher education in the suc- priated under section 404H for a fiscal year is tiveness of a program, an entire grade level ceeding academic year, that— equal to or greater than $400,000,000, then the of students, beginning not later than the 7th ‘‘(i) are carried out at an institution of Secretary shall use the amount that remains grade, who reside in public housing as de- higher education which has programs of aca- after reserving funds under subsection (a) as fined in section 3(b)(1) of the United States demic year supportive services for disadvan- follows: Housing Act of 1937); and taged students through projects authorized ‘‘(A) 33 percent of the remainder shall be ‘‘(ii) ensure that the services are provided used to award grants, from allotments under through the 12th grade to students in the under section 402D or through comparable paragraph (2), to eligible entities described participating grade level. projects funded by the State or other in section 404A(1) to enable the eligible enti- ‘‘(B) COORDINATION REQUIREMENT.—In car- sources; ties to carry out the authorized activities de- rying out subparagraph (A), the Secretary ‘‘(ii) provide for the participation of the in- scribed in section 404D. shall, where applicable, ensure that the co- dividuals who are eligible for assistance ‘‘(B) 67 percent of the remainder shall be hort approach is done in coordination and under section 402D or who are eligible for used to award grants, on a competitive basis, collaboration with existing early interven- comparable programs funded by the State; to eligible entities described in section tion programs and does not duplicate the ‘‘(iii)(I) provide summer instruction in re- 404A(2) to enable the eligible entities to services already provided to a school or com- medial, developmental or supportive courses; carry out the authorized activities described munity. ‘‘(II) provide such summer services as in section 404D. ‘‘(2) MANDATORY ACTIVITIES.—In order to counseling, tutoring, or orientation; and ‘‘(2) FORMULA.— receive a grant under this chapter, an eligi- ‘‘(III) provide financial assistance to the ‘‘(A) RESERVATIONS.—If the amount appro- ble entity described in section 404A(2) shall individuals to cover the individuals’ summer priated under section 404H is greater than or demonstrate to the satisfaction of the Sec- costs for books, supplies, living costs, and equal to $400,000,000, then the Secretary shall retary, in the plan submitted under section personal expenses; and reserve, in addition to amounts reserved 404E, that the eligible entity will provide ac- ‘‘(iv) provide the individuals with financial under subsection (a)— tivities designed to ensure the secondary assistance during each academic year the in- ‘‘(i) 1⁄2 of 1 percent of the amount to award school completion and college enrollment of dividuals are enrolled at the participating grants to the outlying areas according to children at risk of dropping out of school, institution after the summer program. their respective needs for assistance under with a focus on providing access to rigorous ‘‘(E) Requiring eligible students to meet this chapter to enable the outlying areas to core courses that reflect challenging aca- other standards or requirements as the State carry out activities authorized under this demic standards. Such activities shall be de- determines necessary to meet the purposes chapter; and signed so as to ensure systemic change in the of this section. ‘‘(ii) 1 percent of the amount to award a school, so that future cohorts of children ‘‘(F) Financial aid counseling and informa- grant to the Bureau of Indian Affairs to en- will benefit from the changes as well. Such tion regarding the opportunities for financial able the Bureau of Indian Affairs to carry activities shall include— assistance. out activities authorized under this chapter. ‘‘(A) enrollment of participating students ‘‘(G) Providing activities or information ‘‘(B) FORMULA.—If the amount appro- in a standard college preparation curriculum regarding— priated under section 404H for a fiscal year is or, in the case of younger students, in a cur- ‘‘(i) fostering and improving parent in- equal to or greater than $400,000,000, then the riculum that logically articulates with a col- volvement in— Secretary shall allocate the amount that re- lege preparation curriculum; ‘‘(I) promoting the advantages of a college mains after reserving funds under subsection ‘‘(B) professional development opportuni- education; (a) and subparagraph (A) among eligible en- ties for instructors of college preparation ‘‘(II) academic admission requirements; tities having plans approved under section classes; and and 404E as follows: ‘‘(C) funds for curriculum development re- ‘‘(III) the need to take college preparation ‘‘(i) 50 percent of the remainder shall be al- lated to the institution of college prepara- courses; located on the basis of the number of individ- tion classes. ‘‘(ii) college admission and achievement uals in the State; and ‘‘(3) PERMISSIBLE ACTIVITIES.—In addition tests; and ‘‘(ii) 50 percent of the remainder shall be to the activities described in paragraph (1), ‘‘(iii) college application procedures. allocated on the basis of the number of chil- an eligible entity described in section 404A(2) ‘‘(b) USE OF FUNDS FOR STATES.— dren in the State, aged 5 through 17, who are may provide other services or supports that ‘‘(1) MANDATORY ACTIVITIES.—In order to from families with incomes below the pov- are designed to ensure the secondary school receive a grant under this chapter, an eligi- erty line. completion and college enrollment of chil- ble entity described in section 404A(1) shall ‘‘(C) CENSUS DATA.—In allocating funds dren at risk of dropping out of school, such demonstrate to the satisfaction of the Sec- under subparagraph (A) the Secretary shall as comprehensive mentoring, counseling, retary, in the plan submitted under section use the most recent data available from the outreach, and supportive services. Examples 404E, that the eligible entity will provide— Bureau of the Census. of activities that meet the requirements of ‘‘(A) policy leadership designed to promote ‘‘(D) DEFINITIONS.—In this paragraph; the preceding sentence include the following: the college readiness of students in the ‘‘(i) OUTLYING AREA.—The term ‘‘outlying ‘‘(A) Providing participating students in State, especially those who are at risk of area’’ means the United States Virgin Is- elementary school, middle school, or sec- dropping out of school and those who are lands, Guam, American Samoa, and the Com- ondary school through grade 12 with a con- economically disadvantaged; and

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6766 CONGRESSIONAL RECORD — SENATE June 16, 2005

‘‘(B) if there are eligible entities in the ‘‘(2) CONTENTS.—Each plan submitted pur- tions, nonprofit and philanthropic organiza- State that received a grant under this chap- suant to paragraph (1) shall be in such form, tions, and other organizations. ter, services designed to promote coordina- contain or be accompanied by such informa- ‘‘(c) PEER REVIEW PANELS.—The Secretary tion and information sharing among all such tion or assurances, and be submitted at such shall convene peer review panels to assist in eligible entities in the State. time as the Secretary may require by regula- making determinations regarding the award- ‘‘(2) PERMISSIBLE ACTIVITIES.— tion. Each plan shall— ing of grants under this chapter. ‘‘(A) POLICY LEADERSHIP.—In order to meet ‘‘(A) describe the activities for which as- the requirements of paragraph (1)(A), an eli- sistance under this chapter is sought; and ‘‘SEC. 404F. REQUIREMENTS. gible entity described in section 404A(1) may ‘‘(B) provide such assurances as the Sec- ‘‘(a) COORDINATION.—Each eligible entity engage in the following activities: retary determines necessary to ensure com- shall ensure that the activities assisted ‘‘(i) Developing a core curriculum of col- pliance with the requirements of this chap- under this chapter are, to the extent prac- lege preparatory classes that can be adopted ter. ticable, coordinated with, and complement by all State secondary schools. ‘‘(3) ADDITIONAL REQUIREMENTS FOR PART- and enhance— ‘‘(ii) Facilitating curriculum development NERSHIPS.—An eligible entity described in ‘‘(1) services under this chapter provided in individual schools where needed. section 404A(2) shall also include in its by other eligible entities serving the same ‘‘(iii) Supporting and creating professional plan— school district or State; and development opportunities for teachers in ‘‘(A) a description of the college prepara- ‘‘(2) related services under other Federal or relation to the core curriculum. tion curriculum that will be instituted; non-Federal programs. ‘‘(iv) Facilitating the alignment of kinder- ‘‘(B) a description of all uses of funds; garten through grade 12 classes with the re- ‘‘(C) a description of how the funds pro- ‘‘(b) DESIGNATION OF FISCAL AGENT.—An el- quirements for passing college entrance vided under this chapter shall be used to af- igible entity described in section 404A(2) exams, and entering college without the need fect systemic schoolwide change that will shall designate an institution of higher edu- for remedial courses. ensure that future cohorts of students will cation or a local educational agency as the ‘‘(v) Convening and consulting with groups also benefit from the use of the grant funds; fiscal agent for the eligible entity for pur- of individuals and organizations that can and poses of this chapter. provide input and expertise related to ‘‘(D) a needs analysis detailing the ways in ‘‘(c) COORDINATORS.—Each eligible entity clauses (i), (ii), (iii), and (iv). which the funds provided under this chapter described in section 404A(2) that receives a ‘‘(vi) Developing a comprehensive, state- will be most profitably used to ensure the grant under this chapter shall have a full- wide database that can be used to track indi- success of curricular changes (for example, time program coordinator or a part-time cators of college readiness, and to track en- by spending such funds on professional devel- program coordinator, whose primary respon- rollment in and completion of college, opment, the purchase of curricular mate- sibility is to assist such eligible entity in among the secondary school students in the rials, or other activities). carrying out the authorized activities de- State. ‘‘(4) ADDITIONAL REQUIREMENTS FOR scribed in section 404D(a). STATES ‘‘(vii) Other activities that will promote .—An eligible entity described in sec- ‘‘(d) DISPLACEMENT.—An eligible entity de- the college readiness of students in the tion 404A(1) shall also include in its plan— scribed in 404A(2) shall ensure that the ac- State, especially students who are consid- ‘‘(A) an assessment of the activities and tivities assisted under this chapter will not ered at risk for not completing secondary programs most needed to enhance the col- displace an employee or eliminate a position school. lege readiness of students in the State; at a school assisted under this chapter, in- ‘‘(C) COORDINATION AND INFORMATION SHAR- ‘‘(B) a description of how the proposed ac- cluding a partial displacement such as a re- tivities will enhance the college readiness of ING.—In order to meet the requirements of duction in hours, wages, or employment ben- students in the State; paragraph (1)(B), an eligible entity described efits. in section 404A(1) may engage in the fol- ‘‘(C) a description of how the State will en- lowing activities: sure that students who are at risk of drop- ‘‘SEC. 404G. EVALUATION AND REPORT. ‘‘(i) Providing technical assistance and ping out of school and those who are eco- ‘‘(a) EVALUATION.—Each eligible entity re- training for eligible entities described in sec- nomically disadvantaged receive and benefit ceiving a grant under this chapter shall bien- tion 404A(2) that receive a grant under this from the proposed activities; and nially evaluate the activities assisted under chapter. ‘‘(D) if applicable, a description of how the this chapter in accordance with the stand- ‘‘(ii) Disseminating information about best proposed activities will promote coordina- ards described in subsection (b) and shall practices among eligible entities described in tion and information-sharing among all eli- submit to the Secretary a copy of such eval- section 404A(2) that receive a grant under gible entities in the State that receive a uation. The evaluation shall permit service this chapter. grant under this chapter. providers to track eligible student progress ‘‘(b) MATCHING REQUIREMENT.— ‘‘(iii) Providing eligible entities described during the period such students are partici- ‘‘(1) IN GENERAL.—The Secretary shall not in section 404A(2) that receive a grant under pating in the activities and shall be con- approve a plan submitted under subsection this chapter with opportunities for coordi- sistent with the standards developed by the (a) unless such plan— nating their efforts and networking. Secretary pursuant to subsection (b). ‘‘(iv) Assisting eligible entities described ‘‘(A) provides that the eligible entity will ‘‘(b) EVALUATION STANDARDS.—The Sec- in section 404A(2) that receive a grant under provide, from State, local, institutional, or retary shall prescribe standards for the eval- this chapter in adopting a core curriculum private funds, not less than 50 percent of the uation described in subsection (a). Such and providing professional development op- cost of the program, which matching funds standards shall— portunities for teachers. may be provided in cash or in kind; ‘‘(1) provide for input from eligible entities ‘‘(v) Providing a centralized source of in- ‘‘(B) specifies the methods by which and service providers; and formation, regarding college planning, col- matching funds will be paid; and ‘‘(2) ensure that data protocols and proce- lege entrance requirements, and opportuni- ‘‘(C) includes provisions designed to ensure dures are consistent and uniform. ties for financial aid, to students in the that funds provided under this chapter shall State. supplement and not supplant funds expended ‘‘(c) FEDERAL EVALUATION.—In order to ‘‘(vi) Providing other services that pro- for existing programs. evaluate and improve the impact of the ac- mote and support the activities of eligible ‘‘(2) SPECIAL RULE.—Notwithstanding the tivities assisted under this chapter, the Sec- entities described in section 404A(2) in the matching requirement described in para- retary shall, from not more than 0.75 percent State that receive a grant under this chap- graph (1)(A), the Secretary may modify, by of the funds appropriated under section 404H ter. regulation, the percentage requirement de- for a fiscal year, award 1 or more grants, ‘‘(c) ALLOWABLE PROVIDERS.—In the case of scribed in paragraph (1)(A) for eligible enti- contracts, or cooperative agreements to or eligible entities described in section 404A(1), ties described in section 404A(2). with public and private institutions and or- the activities required by this section may ‘‘(3) METHODS FOR COMPLYING WITH MATCH- ganizations, to enable the institutions and be provided by service providers such as com- ING REQUIREMENT.—An eligible entity may organizations to evaluate the effectiveness munity-based organizations, schools, institu- count toward the matching requirement de- of the program and, as appropriate, dissemi- tions of higher education, public and private scribed in subsection (b)(1)(A)— nate the results of the evaluation. agencies, nonprofit and philanthropic orga- ‘‘(A) the amount of the financial assistance ‘‘(d) REPORT.—The Secretary shall bienni- nizations, businesses, institutions and agen- paid to students from State, local, institu- ally report to Congress regarding the activi- cies sponsoring programs authorized under tional, or private funds under this chapter; ties assisted under this chapter and the eval- subpart 4, and other organizations the State ‘‘(B) the amount of tuition, fees, room or uations conducted pursuant to this section. determines appropriate. board waived or reduced for recipients of fi- ‘‘SEC. 404E. ELIGIBLE ENTITY PLANS. nancial assistance under this chapter; and ‘‘SEC. 404H. AUTHORIZATION OF APPROPRIA- TIONS. ‘‘(a) PLAN REQUIRED FOR ELIGIBILITY.— ‘‘(C) the amount expended on documented, ‘‘(1) IN GENERAL.—In order for an eligible targeted, long-term mentoring and coun- ‘‘There are authorized to be appropriated entity to receive a grant under this chapter, seling provided by volunteers or paid staff of to carry out this chapter $400,000,000 for fis- the eligible entity shall submit to the Sec- nonschool organizations, including busi- cal year 2006 and such sums as may be nec- retary a plan for carrying out the program nesses, religious organizations, community essary for each of the 4 succeeding fiscal under this chapter. groups, postsecondary educational institu- years.’’.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6767 SUBMITTED RESOLUTIONS (3) to urge all churches, synagogues, It calls on Sinn Fein to work in good mosques, and religious institutions in the faith with the Police Service of North- United States to consider the issue of Darfur ern Ireland. SENATE RESOLUTION 172—AFFIRM- in their activities and to observe the Na- It also calls for justice in the case of ING THE IMPORTANCE OF A NA- tional Weekend of Prayer and Reflection Robert McCartney, the Belfast citizen with appropriate activities and services. TIONAL WEEKEND OF PRAYER who was brutally murdered there in FOR THE VICTIMS OF GENOCIDE f January. AND CRIMES AGAINST HUMAN- Finally, the resolution calls on the SENATE RESOLUTION 173—EX- ITY IN DARFUR, SUDAN, AND EX- British Government to permanently re- PRESSING SUPPORT FOR THE PRESSING THE SENSE OF THE store the democratic institutions of SENATE THAT JULY 15 THROUGH GOOD FRIDAY AGREEMENT OF Northern Ireland and complete the 17, 2005, SHOULD BE DESIGNATED 1998 AS THE BLUEPRINT FOR process of demilitarization in Northern AS A NATIONAL WEEKEND OF LASTING PEACE IN NORTHERN Ireland and advance equality and PRAYER AND REFLECTION FOR IRELAND human rights in Northern Ireland. DARFUR Mr. KENNEDY (for himself, Ms. COL- The U.S. Government continues to Mr. BROWNBACK (for himself and LINS, Mr. DODD, Mr. MCCAIN, Mr. BIDEN, strongly support the peace process in Mr. CORZINE) submitted the following and Mr. LEAHY) submitted the fol- Northern Ireland. The Government of resolution; which was referred to the lowing resolution; which was referred the United Kingdom and the Govern- Committee on the Judiciary: to the Committee on Foreign Rela- ment of Ireland continue to strongly support the Good Friday Agreement as S. RES. 172 tions: Mr. KENNEDY. Mr. President, Sen- the way forward. Whereas, on July 22, 2004, Congress de- The Good Friday Agreement is the clared that genocide was taking place in ators COLLINS, DODD, MCCAIN, BIDEN, Darfur, Sudan; LEAHY and I are submitting a resolu- only way forward in Northern Ireland, Whereas, on September 9, 2004, Secretary tion expressing support for the 1998 and it deserves our strong support. I of State Colin L. Powell testified to the Sen- Good Friday Agreement as the blue- urge my colleagues to approve this res- ate Committee on Foreign Relations that print for lasting peace in Northern Ire- olution. ‘‘genocide has been committed in Darfur’’; land. All of us are hopeful that a con- S. RES. 173 Whereas, on September 21, 2004, President Whereas in 1998, the Good Friday Agree- George W. Bush stated to the United Nations structive way forward will be found, and the way to do so is by continuing ment, signed on April 10, 1998, in Belfast, was General Assembly that ‘‘the world is wit- endorsed in a referendum by the over- nessing terrible suffering and horrible crimes to implement the Good Friday Agree- whelming majority of people in Northern Ire- in the Darfur region of Sudan, crimes my ment. land; government has concluded are genocide’’; The 1998 agreement was endorsed in a Whereas the parties to the Good Friday Whereas Article 1 of the Convention on the referendum by the overwhelming ma- Agreement made a clear commitment to Prevention and Punishment of the Crime of jority of people in Northern Ireland ‘‘partnership, equality, and mutual respect’’ Genocide, done at Paris December 9, 1948, and in the Republic of Ireland. The par- as the basis for moving forward in pursuit of and entered into force January 12, 1951, ties to the Good Friday Agreement lasting peace in Northern Ireland; states that ‘‘[t]he Contracting Parties con- Whereas the parties to the Good Friday firm that genocide, whether committed in made a clear commitment to ‘‘partner- Agreement also affirmed their ‘‘total and ab- time of peace or in time of war, is a crime ship, equality, and mutual respect’’ as solute commitment to exclusively demo- under international law which they under- the basis for moving forward to end the cratic and peaceful means’’ in pursuit of take to prevent and to punish’’; long-standing conflict and achieve last- lasting peace in Northern Ireland; Whereas fundamental human rights, in- ing peace for all the people of Northern Whereas inclusive power-sharing based on cluding the right to freedom of thought, con- Ireland. The parties to the agreement these defining qualities is essential to the vi- science, and religion, are protected in nu- affirmed their ‘‘total and absolute ability and advancement of the democratic merous international agreements and dec- commitment to exclusively democratic process in Northern Ireland; larations; Whereas paramilitary and criminal activ- Whereas the United Nations Security and peaceful means’’ to achieve the ity in a democratic society undermines the Council, in Security Council Resolution 1591, goal of peace. trust and confidence that are essential in a condemned the ‘‘continued violations of the Our resolution reiterates the support political system based on inclusive power- N’djamena Ceasefire Agreement of 8 April for the agreement as the way forward sharing in Northern Ireland; 2004 and the Abuja Protocols of 9 November in Northern Ireland. It rejects the Whereas the United States Government 2004 by all sides in Darfur and the deteriora- statement of Democratic Unionist continues to strongly support the peace tion of the security situation and negative leader Ian Paisley, who said in May process in Northern Ireland; and impact this has had on humanitarian assist- Whereas the Government of the United ance efforts’’; that the Good Friday Agreement Kingdom and the Government of Ireland con- Whereas scholars estimate that as many as ‘‘should be given a reasonable burial.’’ tinue to strongly support the Good Friday 400,000 have died from violence, hunger and Inclusive power sharing based on the Agreement as the way forward in the peace disease since the outbreak of conflict in defining qualities of the agreement is process, and have committed themselves to Darfur began in 2003, and that as many as essential to the viability and success of its implementation: Now, therefore, be it 10,000 may be dying each month; the peace process. Resolved, That— Whereas it is estimated that more than The resolution calls on the Irish Re- (1) the Senate reiterates its support for the Good Friday Agreement, signed on April 10, 2,000,000 people have been displaced from publican Army to immediately com- their homes and remain in camps in Darfur 1998, in Belfast, as the blueprint for a lasting and Chad; plete the process of decommissioning, peace in Northern Ireland; and Whereas religious leaders, genocide sur- cease to exist as a paramilitary organi- (2) it is the sense of the Senate that— vivors, and world leaders have expressed zation, and end its involvement in any (A) the Irish Republican Army must imme- grave concern over the continuing atrocities way in paramilitary and criminal ac- diately— taking place in Darfur; and tivity. We know that discussion of the (i) complete the process of decommis- Whereas it is appropriate that the people issue is underway within the IRA, and sioning; of the United States, leaders and citizens we all await a final, positive, and deci- (ii) cease to exist as a paramilitary organi- zation; and alike, unite in prayer for the people of sive action. Darfur and reflect upon the situation in (iii) end its involvement in any way in Darfur: Now, therefore, be it In addition, the resolution calls on paramilitary and criminal activity; Resolved, That it is the sense of the Sen- the Democratic Unionist Party in (B) the Democratic Unionist Party in ate— Northern Ireland to share power with Northern Ireland must— (1) that the weekend of July 15 through 17, all the other parties, according to the (i) share power with all parties according 2005, should be designated as a National democratic mandate of the Good Fri- to the democratic mandate of the Good Fri- Weekend of Prayer and Reflection for day Agreement, and commit to work in day Agreement; and Darfur, Sudan; good faith with all the institutions es- (ii) commit to work in good faith with all (2) to encourage the people of the United the institutions of the Good Friday Agree- States to observe that weekend by praying tablished under the agreement, includ- ment, which established an inclusive Execu- for an end to the genocide and crimes ing the Executive and the North-South tive and the North-South Ministerial Coun- against humanity and for lasting peace in Ministerial Council, to benefit all the cil, for the benefit of all the people of North- Darfur, Sudan; and people of Northern Ireland. ern Ireland;

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6768 CONGRESSIONAL RECORD — SENATE June 16, 2005 (C) Sinn Fein must work in good faith with SENATE RESOLUTION 175—COM- (1) commends the University of Michigan the Police Service of Northern Ireland; MENDING THE UNIVERSITY OF softball team for winning the 2005 National (D) the leadership of Sinn Fein must insist MICHIGAN SOFTBALL TEAM FOR Collegiate Athletic Association Division I that those responsible for the murder of Rob- WINNING THE NATIONAL COLLE- Championship on June 8, 2005; ert McCartney and those who were witnesses (2) recognizes all of the players and coach- to the murder— GIATE ATHLETIC ASSOCIATION es who were instrumental in this achieve- (i) cooperate directly with the Police Serv- DIVISION I CHAMPIONSHIP ON ment; and ice of Northern Ireland; and JUNE 8, 2005 (3) directs the Secretary of the Senate to (ii) be protected fully from any retaliation Mr. LEVIN (for himself and Ms. STA- transmit an enrolled copy of this resolution by the Irish Republican Army; and to the University of Michigan athletic de- BENOW) submitted the following resolu- (E) the Government of the United Kingdom partment for appropriate display. tion; which was considered and agreed must— f (i) permanently restore the democratic in- to: stitutions of Northern Ireland; S. RES. 175 AMENDMENTS SUBMITTED AND (ii) complete the process of demilitariza- Whereas the top-ranked University of PROPOSED tion in Northern Ireland; and Michigan softball team defeated the Univer- SA 790. Mr. DAYTON submitted an amend- (iii) advance equality and human rights sity of California–Los Angeles (UCLA) Bru- agendas in Northern Ireland. ment intended to be proposed by him to the ins in the Women’s College World Series 2 bill H.R. 6, Reserved; which was ordered to games to 1, becoming only the eighth team f lie on the table. to win the National Collegiate Athletic Asso- SA 791. Mr. BINGAMAN (for himself, Mr. ciation (NCAA) Softball Championship and COLEMAN, Mr. JEFFORDS, Ms. COLLINS, Mr. SENATE RESOLUTION 174—RECOG- the first Big Ten Conference team to claim a DORGAN, Mrs. FEINSTEIN, Ms. CANTWELL, Mr. NIZING BURMESE DEMOCRACY national title in softball or baseball since REID, Mr. SALAZAR, Mr. OBAMA, Mrs. CLIN- 1966; ACTIVIST AND NOBEL PEACE TON, Mr. KERRY, Mr. LAUTENBERG, Mr. JOHN- Whereas the University of Michigan soft- LAUREATE AUNG SAN SUU KYI SON, and Ms. SNOWE) proposed an amendment AS A SYMBOL OF THE STRUG- ball team clinched the 2005 Women’s College to the bill H.R. 6, supra. GLE FOR FREEDOM IN BURMA World Series in an exciting extra-innings SA 792. Mr. WYDEN (for himself and Mr. game with a 3-run homer in the 10th inning DORGAN) submitted an amendment intended Mr. MCCONNELL (for himself, Mrs. to win 4 to 1; to be proposed by him to the bill H.R. 6, FEINSTEIN, Mr. MCCAIN, Mr. FRIST, Mr. Whereas the University of Michigan soft- supra; which was ordered to lie on the table. LUGAR, and Mr. REID) submitted the ball team hit a home run in 57 of 65 games SA 793. Mr. LAUTENBERG submitted an following resolution; which was consid- during the 2005 season and is just 1 of 3 amendment intended to be proposed by him ered and agreed to: schools in NCAA history to hit 100 home runs to the bill H.R. 6, supra; which was ordered in a season; S. RES. 174 to lie on the table. Whereas in 2005, the University of Michi- SA 794. Mr. DOMENICI (for himself and Mr. Whereas June 19, 2005 marks the 60th birth- gan softball team earned its first Number 1 BINGAMAN) proposed an amendment to the day of Burmese democracy activist and ranking in school history and won its tenth bill H.R. 6, supra. Nobel Peace Prize Laureate Aung San Suu Big Ten Conference championship and sev- SA 795. Mr. BAYH submitted an amend- Kyi; enth Big Ten Tournament title en route to ment intended to be proposed by him to the Whereas Burma is misruled by the State advancing to its eighth Women’s College bill H.R. 6, supra; which was ordered to lie on Peace and Development Council, an illegit- World Series; the table. imate, repressive military junta led by Gen- Whereas the NCAA championship title SA 796. Mr. FEINGOLD (for himself and eral Than Shwe; marks the 52nd national championship for a Mr. BROWNBACK) submitted an amendment Whereas although the main opposition sports program at the University of Michi- intended to be proposed by him to the bill party in Burma, the National League for De- gan, the second for a women’s athletic pro- H.R. 6, supra; which was ordered to lie on the mocracy, won a landslide victory in national gram at Michigan, and the first for a softball table. elections in 1990, the State Peace and Devel- program east of the Mississippi River; opment Council has refused to honor the re- Whereas the University of Michigan soft- f sults of that election and peacefully transfer ball team mounted an impressive season TEXT OF AMENDMENTS power in Burma; record of 65 wins and 7 losses; Whereas the State Peace and Development Whereas Coach Carol Hutchins eclipsed the SA 790. Mr. DAYTON submitted an Council as a matter of policy carries out a 900 win mark, capping a stellar 21 year ca- amendment intended to be proposed by campaign of violence and intimidation reer at Michigan that has seen her become him to the bill H.R. 6, Reserved; which against the people of Burma and ethnic mi- the most victorious coach in University of was ordered to lie on the table; as fol- norities that includes the use of rape, tor- Michigan history, currently ranking among lows: ture, and terror; the top 10 Division I active coaches, with 940 Whereas hundreds of democracy activists, career wins and a .729 winning percentage; On page 159, after line 23, add the fol- including Aung San Suu Kyi who is the lead- Whereas 2 University of Michigan softball lowing: er of the National League for Democracy, re- players, shortstop Jessica Merchant and SEC. 211. ETHANOL CONTENT OF GASOLINE. main imprisoned by the repressive State pitcher Jennie Ritter, were finalists for the (a) DEFINITIONS.—In this section: Peace and Development Council; and USA Softball Collegiate Player of the Year (1) CELLULOSIC BIOMASS ETHANOL.—The Whereas the United States and other Award; term ‘‘cellulosic biomass ethanol’’ means democratic countries recognize and applaud Whereas a record-tying 8 players from the ethanol derived from any lignocellulosic or the dedication and commitment to freedom University of Michigan softball team were hemicellulosic matter that is available on a demonstrated by Aung San Suu Kyi and the named to the Big Ten All-Conference Team, renewable or recurring basis, including— people of Burma: Now, therefore, be it and 6 players were named to the Spring 2005 (A) dedicated energy crops and trees; Resolved, That the Senate— Academic All-Big Ten Conference Team; (B) wood and wood residues; (1) recognizes Burmese democracy activist Whereas the University of Michigan soft- (C) plants; and Nobel Peace Prize Laureate Aung San ball team was led by the solid coaching of (D) grasses; Suu Kyi as a symbol of the spirit and dedica- Carol Hutchins, Bonnie Tholl, Jennifer (E) agricultural residues; and tion of the people of Burma who are coura- Brundage, and Jennifer Teague; (F) fibers. geously and nonviolently struggling for free- Whereas players on the University of (2) WASTE DERIVED ETHANOL.—The term dom, human rights, and justice; Michigan softball team included Stephanie ‘‘waste derived ethanol’’ means ethanol de- (2) calls for the immediate and uncondi- Bercaw, Angie Danis, Samantha Findlay, rived from— tional release of Aung San Suu Kyi and all Alessandra Giampaolo, Tiffany Haas, Lauren (A) animal wastes, including poultry fats other prisoners of conscience who are held by Holland, Jennifer Kreinbrink, Grace Leutele, and poultry wastes, and other waste mate- the State Peace and Development Council, Becky Marx, Jessica Merchant, Rebekah rials; or the illegitimate, repressive military junta in Milian, Nicole Motycka, Jennie Ritter, (B) municipal solid waste. power in Burma; and Lauren Talbot, Michelle Teschler, Michelle (3) ETHANOL.—The term ‘‘ethanol’’ means (3) strongly urges Secretary of State Weatherdon, Lorilyn Wilson, Stephanie Win- cellulosic biomass ethanol and waste derived Condoleezza Rice to initiate a discussion of ter, and Tiffany Worthy; and ethanol. the repressive practices of the State Peace Whereas Michigan had tremendous support (b) RENEWABLE FUEL PROGRAM.—Notwith- and Development Council during the 12th As- from its hometown fans during their season, standing any other provision of law, not sociation of Southeast Asian Nations re- setting a home attendance record in 2005, later than 1 year after the date of enactment gional forum and post-ministerial meeting and bringing in the 5 largest crowds in pro- of this section, the Secretary shall promul- scheduled to take place in Vientiane, Laos gram history: Now, therefore, be it gate regulations ensuring that each gallon of on July 29, 2005. Resolved, That the Senate— gasoline sold or dispensed to consumers in

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6769

the contiguous United States contains 10 tiplying the number of kilowatt-hours of ‘‘(h) STATE PROGRAMS.—Nothing in this percent ethanol by 2015. electric energy sold to electric consumers in section shall diminish any authority of a violation of subsection (a) by the greater of State or political subdivision thereof to SA 791. Mr. BINGAMAN (for himself, 1.5 cents (adjusted for inflation under sub- adopt or enforce any law or regulation re- Mr. COLEMAN, Mr. JEFFORDS, Ms. COL- section (g)) or 200 percent of the average specting renewable energy, but, except as LINS, Mr. DORGAN, Mrs. FEINSTEIN, Ms. market value of renewable energy credits provided in subsection (c)(3), no such law or CANTWELL, Mr. REID, Mr. SALAZAR, Mr. during the year in which the violation oc- regulation shall relieve any person of any re- curred. quirement otherwise applicable under this OBAMA, Mrs. CLINTON, Mr. KERRY, Mr. ‘‘(3) MITIGATION OR WAIVER.—The Secretary section. The Secretary, in consultation with LAUTENBERG, Mr. JOHNSON, and Ms. may mitigate or waive a civil penalty under States having such renewable energy pro- SNOWE) proposed an amendment to the this subsection if the electric utility was un- grams, shall, to the maximum extent prac- bill H.R. 6, Reserved; as follows: able to comply with subsection (a) for rea- ticable, facilitate coordination between the At the end of title II, add the following: sons outside of the reasonable control of the Federal program and State programs. Subtitle F—Renewable Portfolio Standard utility. The Secretary shall reduce the ‘‘(i) DEFINITIONS.—For purposes of this sec- amount of any penalty determined under tion: SEC. 271. RENEWABLE PORTFOLIO STANDARD. paragraph (2) by an amount paid by the elec- ‘‘(1) BASE AMOUNT OF ELECTRICITY.—The Title VI of the Public Utility Regulatory tric utility to a State for failure to comply term ‘base amount of electricity’ means the Policies Act of 1978 (16 U.S.C. 2601 et seq.) is with the requirement of a State renewable total amount of electricity sold by an elec- amended by adding at the end the following: energy program if the State requirement is tric utility to electric consumers in a cal- ‘‘SEC. 609. FEDERAL RENEWABLE PORTFOLIO greater than the applicable requirement of endar year, excluding— STANDARD. subsection (a). ‘‘(A) electricity generated by a hydro- ‘‘(a) RENEWABLE ENERGY REQUIREMENT.— ‘‘(4) PROCEDURE FOR ASSESSING PENALTY.— electric facility (including a pumped storage ‘‘(1) IN GENERAL.—Each electric utility The Secretary shall assess a civil penalty facility but excluding incremental hydro- that sells electricity to electric consumers under this subsection in accordance with the power); and shall obtain a percentage of the base amount procedures prescribed by section 333(d) of the ‘‘(B) electricity generated through the in- of electricity it sells to electric consumers in Energy Policy and Conservation Act of 1954 cineration of municipal solid waste. any calendar year from new renewable en- (42 U.S.C. 6303). ‘‘(2) DISTRIBUTED GENERATION FACILITY.— ergy or existing renewable energy. The per- ‘‘(d) STATE RENEWABLE ENERGY ACCOUNT The term ‘distributed generation facility’ centage obtained in a calendar year shall not PROGRAM.— means a facility at a customer site. be less than the amount specified in the fol- ‘‘(1) The Secretary shall establish, not ‘‘(3) EXISTING RENEWABLE ENERGY.—The lowing table: later than December 31, 2008, a State renew- term ‘existing renewable energy’ means, ex- ‘‘Calendar year: Minimum annual able energy account program. cept as provided in paragraph (7)(B), electric percentage: ‘‘(2) All money collected by the Secretary energy generated at a facility (including a 2008 through 2011 ...... 2.5 from the sale of renewable energy credits distributed generation facility) placed in 2012 through 2015 ...... 5.0 and the assessment of civil penalties under service prior to the date of enactment of this 2016 through 2019 ...... 7.5 this section shall be deposited into the re- section from solar, wind, or geothermal en- 2020 through 2030 ...... 10.0. newable energy account established pursuant ergy; ocean energy; biomass (as defined in ‘‘(2) MEANS OF COMPLIANCE.—An electric to this subsection. The State renewable en- section 203(a) of the Energy Policy Act of utility shall meet the requirements of para- ergy account shall be held by the Secretary 2005); or landfill gas. graph (1) by— and shall not be transferred to the Treasury ‘‘(4) GEOTHERMAL ENERGY.—The term ‘geo- ‘‘(A) generating electric energy using new Department. thermal energy’ means energy derived from renewable energy or existing renewable en- ‘‘(3) Proceeds deposited in the State renew- a geothermal deposit (within the meaning of ergy; able energy account shall be used by the Sec- section 613(e)(2) of the Internal Revenue Code ‘‘(B) purchasing electric energy generated retary, subject to appropriations, for a pro- of 1986). by new renewable energy or existing renew- gram to provide grants to the State agency ‘‘(5) INCREMENTAL GEOTHERMAL PRODUC- able energy; responsible for developing State energy con- TION.— ‘‘(C) purchasing renewable energy credits servation plans under section 362 of the En- ‘‘(A) IN GENERAL.—The term ‘incremental issued under subsection (b); or ergy Policy and Conservation Act (42 U.S.C. geothermal production’ means for any year ‘‘(D) a combination of the foregoing. 6322) for the purposes of promoting renew- the excess of— ‘‘(b) RENEWABLE ENERGY CREDIT TRADING able energy production, including programs ‘‘(i) the total kilowatt hours of electricity PROGRAM.— that promote technologies that reduce the produced from a facility (including a distrib- ‘‘(1) Not later than January 1, 2007, the use of electricity at customer sites such as uted generation facility) using geothermal Secretary shall establish a renewable energy solar water heating. energy, over credit trading program to permit an electric ‘‘(4) The Secretary may issue guidelines ‘‘(ii) the average annual kilowatt hours utility that does not generate or purchase and criteria for grants awarded under this produced at such facility for 5 of the pre- enough electric energy from renewable en- subsection. State energy offices receiving vious 7 calendar years before the date of en- ergy to meet its obligations under subsection grants under this section shall maintain actment of this section after eliminating the (a)(1) to satisfy such requirements by pur- such records and evidence of compliance as highest and the lowest kilowatt hour produc- chasing sufficient renewable energy credits. the Secretary may require. tion years in such 7-year period. ‘‘(2) As part of such program the Secretary ‘‘(5) In allocating funds under this pro- ‘‘(B) SPECIAL RULE.—A facility described in shall— gram, the Secretary shall give preference— subparagraph (A) which was placed in service ‘‘(A) issue renewable energy credits to gen- ‘‘(A) to States in regions which have a dis- at least 7 years before the date of enactment erators of electric energy from new renew- proportionately small share of economically of this section shall commencing with the able energy; sustainable renewable energy generation ca- year in which such date of enactment occurs, ‘‘(B) sell renewable energy credits to elec- pacity; and reduce the amount calculated under subpara- tric utilities at the rate of 1.5 cents per kilo- ‘‘(B) to State programs to stimulate or en- graph (A)(ii) each year, on a cumulative watt-hour (as adjusted for inflation under hance innovative renewable energy tech- basis, by the average percentage decrease in subsection (g)); nologies. the annual kilowatt hour production for the ‘‘(C) ensure that a kilowatt hour, including ‘‘(e) RULES.—The Secretary shall issue 7-year period described in subparagraph the associated renewable energy credit, shall rules implementing this section not later (A)(ii) with such cumulative sum not to ex- be used only once for purposes of compliance than 1 year after the date of enactment of ceed 30 percent. with this section; and this section. ‘‘(6) INCREMENTAL HYDROPOWER.—The term ‘‘(D) allow double credits for generation ‘‘(f) EXEMPTIONS.—This section shall not ‘incremental hydropower’ means additional from facilities on Indian Lands, and triple apply in any calendar year to an electric energy generated as a result of efficiency im- credits for generation from small renewable utility— provements or capacity additions made on or distributed generators (meaning those those ‘‘(1) that sold less than 4,000,000 megawatt- after the date of enactment of this section or no larger than 1 megawatt). hours of electric energy to electric con- the effective date of an existing applicable ‘‘(3) Credits under paragraph (2)(A) may sumers during the preceding calendar year; State renewable portfolio standard program only be used for compliance with this section or at a hydroelectric facility that was placed in for 3 years from the date issued. ‘‘(2) in Hawaii. service before that date. The term does not ‘‘(c) ENFORCEMENT.— ‘‘(g) INFLATION ADJUSTMENT.—Not later include additional energy generated as a re- ‘‘(1) CIVIL PENALTIES.—Any electric utility than December 31 of each year beginning in sult of operational changes not directly asso- that fails to meet the renewable energy re- 2008, the Secretary shall adjust for inflation ciated with efficiency improvements or ca- quirements of subsection (a) shall be subject the price of a renewable energy credit under pacity additions. Efficiency improvements to a civil penalty. subsection (b)(2)(B) and the amount of the and capacity additions shall be measured on ‘‘(2) AMOUNT OF PENALTY.—The amount of civil penalty per kilowatt-hour under sub- the basis of the same water flow information the civil penalty shall be determined by mul- section (c)(2). used to determine a historic average annual

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6770 CONGRESSIONAL RECORD — SENATE June 16, 2005

generation baseline for the hydroelectric fa- (d) REPORT.—Not later than April 16, 2007, the aggregate throughput for the calendar cility and certified by the Secretary or the and every 3 years thereafter, the Secretary year by the number of days in the calendar Federal Energy Regulatory Commission. shall provide to Congress a report on the year) does not exceed 75,000 barrels. ‘‘(7) NEW RENEWABLE ENERGY.—The term progress of the Federal Government in meet- ‘‘(F) WASTE.—The term ‘waste’ means— ‘new renewable energy’ means— ing the goals established by this section. ‘‘(i) animal wastes, including poultry fats ‘‘(A) electric energy generated at a facility Subtitle B—Reliable Fuels and poultry wastes, and other waste mate- (including a distributed generation facility) SEC. 211. RENEWABLE CONTENT OF GASOLINE. rials; or placed in service on or after January 1, 2003, (a) IN GENERAL.—Section 211 of the Clean ‘‘(ii) municipal solid waste (as defined in from— Air Act (42 U.S.C. 7545) is amended— section 1004 of the Solid Waste Disposal Act ‘‘(i) solar, wind, or geothermal energy or (1) by redesignating subsection (o) as sub- (42 U.S.C. 6903)). ocean energy; section (r); and ‘‘(2) RENEWABLE FUEL PROGRAM.— ‘‘(ii) biomass (as defined in section 203(a) of (2) by inserting after subsection (n) the fol- ‘‘(A) REGULATIONS.— the Energy Policy Act of 2005); lowing: ‘‘(i) IN GENERAL.—Not later than 1 year ‘‘(iii) landfill gas; or ‘‘(o) RENEWABLE FUEL PROGRAM.— after the date of enactment of this para- ‘‘(iv) incremental hydropower; and ‘‘(1) DEFINITIONS.—In this section and sec- graph, the Administrator shall promulgate ‘‘(B) for electric energy generated at a fa- tion 212: regulations to ensure that gasoline sold or cility (including a distributed generation fa- ‘‘(A) CELLULOSIC BIOMASS ETHANOL.—The introduced into commerce in the United cility) placed in service prior to the date of term ‘cellulosic biomass ethanol’ means eth- States (except in noncontiguous States or enactment of this section— anol derived from any lignocellulosic or territories), on an annual average basis, con- ‘‘(i) the additional energy above the aver- hemicellulosic matter that is available on a tains the applicable volume of renewable fuel age generation in the 3 years preceding the renewable or recurring basis, including— determined in accordance with subparagraph date of enactment of this section at the fa- ‘‘(i) dedicated energy crops and trees; (B). cility from— ‘‘(ii) wood and wood residues; ‘‘(ii) NONCONTIGUOUS STATE OPT-IN.— ‘‘(I) solar or wind energy or ocean energy; ‘‘(iii) plants; ‘‘(I) IN GENERAL.—On the petition of a non- ‘‘(II) biomass (as defined in section 203(a) ‘‘(iv) grasses; contiguous State or territory, the Adminis- of the Energy Policy Act of 2005); ‘‘(v) agricultural residues; trator may allow the renewable fuel program ‘‘(III) landfill gas; or ‘‘(vi) fibers; established under this subsection to apply in ‘‘(IV) incremental hydropower. ‘‘(vii) animal wastes and other waste mate- the noncontiguous State or territory at the ‘‘(ii) the incremental geothermal produc- rials; and same time or any time after the Adminis- tion. ‘‘(viii) municipal solid waste. trator promulgates regulations under this ‘‘(8) OCEAN ENERGY.—The term ‘ocean en- ‘‘(B) CELLULOSIC BIOMASS FEEDSTOCK.—The subparagraph. ergy’ includes current, wave, tidal, and ther- term ‘cellulosic biomass feedstock’ means— ‘‘(II) OTHER ACTIONS.—In carrying out this mal energy. ‘‘(i) dedicated energy crops and trees; clause, the Administrator may— ‘‘(j) SUNSET.—This section expires on De- ‘‘(aa) issue or revise regulations under this cember 31, 2030.’’. ‘‘(ii) wood and wood residues; ‘‘(iii) plants; paragraph; ‘‘(bb) establish applicable percentages SA 792. Mr. WYDEN (for himself and ‘‘(iv) grasses; ‘‘(v) agricultural residues; under paragraph (3); Mr. DORGAN) submitted an amendment ‘‘(cc) provide for the generation of credits intended to be proposed by him to the ‘‘(vi) fibers; ‘‘(vii) animal wastes and other waste mate- under paragraph (5); and bill H.R. 6, Reserved; which was or- rials; and ‘‘(dd) take such other actions as are nec- dered to lie on the table; as follows: ‘‘(viii) municipal solid waste. essary to allow for the application of the re- On page 208, strike lines 11 through 20 and ‘‘(C) CELLULOSIC BIOMASS-DERIVED LIQUID newable fuels program in a noncontiguous insert the following: ALTERNATIVE FUEL.— State or territory. (e) FILL STRATEGIC PETROLEUM RESERVE TO ‘‘(i) IN GENERAL.—The term ‘cellulosic bio- ‘‘(iii) PROVISIONS OF REGULATIONS.—Re- CAPACITY.— mass-derived liquid alternative fuel’ means gardless of the date of promulgation, the reg- (1) DEFINITION OF PRICE OF OIL.—In this sub- an alternative fuel (as defined in section 301 ulations promulgated under clause (i)— section, the term ‘‘price of oil’’ means the of the Energy Policy Act of 1992 (42 U.S.C. ‘‘(I) shall contain compliance provisions West Texas Intermediate 1-month future 13211)), or a blending component for alter- applicable to refineries, blenders, distribu- price of oil on the New York Mercantile Ex- nate fuel, that— tors, and importers, as appropriate, to en- change. ‘‘(I) is derived from cellulosic biomass feed- sure that the requirements of this paragraph (2) ACQUISITION.—The Secretary shall, as stock or waste; and are met; but expeditiously as practicable, without incur- ‘‘(II) remains substantially in a liquid ‘‘(II) shall not— ring excessive cost or appreciably affecting phase at room temperature and atmospheric ‘‘(aa) restrict geographic areas in which re- the price of gasoline or heating oil to con- pressure. newable fuel may be used; or sumers, acquire petroleum in quantities suf- ‘‘(ii) CERTAIN LIQUID ALTERNATIVE FUELS.— ‘‘(bb) impose any per-gallon obligation for ficient to fill the Strategic Petroleum Re- For any liquid alternative fuel that contains the use of renewable fuel. serve to the 1,000,000,000-barrel capacity au- a component that is not derived from a cellu- ‘‘(iv) REQUIREMENT IN CASE OF FAILURE TO thorized under section 154(a) of the Energy losic biomass feedstock or waste, only the PROMULGATE REGULATIONS.—If the Adminis- Policy and Conservation Act (42 U.S.C. portion of the fuel that is derived from a cel- trator does not promulgate regulations 6234(a)), in accordance with the sections 159 lulosic biomass feedstock shall be considered under clause (i), the percentage of renewable and 160 of that Act (42 U.S.C. 6239, 6240). to be a biomass-derived liquid alternative fuel in gasoline sold or dispensed to con- (3) SUSPENSION OF ACQUISITIONS.— fuel. sumers in the United States, on a volume (A) IN GENERAL.—The Secretary shall sus- ‘‘(D) RENEWABLE FUEL.— basis, shall be 3.2 percent for calendar year pend acquisitions of petroleum under para- ‘‘(i) IN GENERAL.—The term ‘renewable 2006. graph (2) when the market day closing price fuel’ means motor vehicle fuel that— ‘‘(B) APPLICABLE VOLUME.— of oil exceeds $58.28 per barrel (adjusted in ‘‘(I)(aa) is produced from grain, starch, oil- ‘‘(i) CALENDAR YEARS 2006 THROUGH 2012.— accordance with the Consumer Price Index seeds, sugarcane, sugar beets, sugar compo- For the purpose of subparagraph (A), the ap- for all-urban consumers United States city nents, tobacco, potatoes, or other biomass; plicable volume for any of calendar years average, as published by the Bureau of Labor or 2006 through 2012 shall be determined in ac- Statistics) for 10 consecutive trading days. ‘‘(bb) is natural gas produced from a biogas cordance with the following table: (B) ACQUISITION.—Acquisitions suspended source, including a landfill, sewage waste Applicable volume of under subparagraph (A) shall resume when treatment plant, feedlot, or other place renewable fuel the market day closing price of oil remains where decaying organic material is found; ‘‘Calendar year: (in billions of below $40 per barrel (adjusted in accordance and gallons): with the Consumer Price Index for all-urban ‘‘(II) is used to replace or reduce the quan- 2006 ...... 4.0 consumers United States city average, as tity of fossil fuel present in a fuel mixture 2007 ...... 4.7 published by the Bureau of Labor Statistics) used to operate a motor vehicle. 2008 ...... 5.4 for 10 consecutive trading days. ‘‘(ii) INCLUSION.—The term ‘renewable fuel’ 2009 ...... 6.1 2010 ...... 6.8 Mr. LAUTENBERG sub- includes— SA 793. ‘‘(I) cellulosic biomass ethanol; and 2011 ...... 7.4 mitted an amendment intended to be ‘‘(II) biodiesel (as defined in section 312(f) 2012 ...... 8.0. proposed by him to the bill H.R. 6, Re- of the Energy Policy Act of 1992 (42 U.S.C. ‘‘(ii) CALENDAR YEAR 2013 AND THERE- served; which was ordered to lie on the 13220(f))). AFTER.—Subject to clauses (iii) and (iv), for table; as follows: ‘‘(E) SMALL REFINERY.—The term ‘small re- the purposes of subparagraph (A), the appli- Beginning on page 135, strike line 6 and all finery’ means a refinery for which the aver- cable volume for calendar year 2013 and each that follows through page 160, line 1, and in- age aggregate daily crude oil throughput for calendar year thereafter shall be determined sert the following: a calendar year (as determined by dividing by the Administrator, in coordination with

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6771

the Secretary of Agriculture and the Sec- ‘‘(A) IN GENERAL.—The regulations promul- ‘‘(7) WAIVERS.— retary of Energy, based on a review of the gated under paragraph (2)(A) shall provide— ‘‘(A) IN GENERAL.—The Administrator, in implementation of the program during cal- ‘‘(i) for the generation of an appropriate consultation with the Secretary of Agri- endar years 2006 through 2012, including a re- amount of credits by any person that refines, culture and the Secretary of Energy, may view of— blends, or imports gasoline that contains a waive the requirements of paragraph (2) in ‘‘(I) the impact of the use of renewable quantity of renewable fuel that is greater whole or in part on petition by 1 or more fuels on the environment, air quality, energy than the quantity required under paragraph States by reducing the national quantity of security, job creation, and rural economic (2); renewable fuel required under paragraph development; and ‘‘(ii) for the generation of an appropriate (2)— ‘‘(II) the expected annual rate of future amount of credits for biodiesel; and ‘‘(i) based on a determination by the Ad- production of renewable fuels, including cel- ‘‘(iii) for the generation of credits by small ministrator, after public notice and oppor- lulosic ethanol. refineries in accordance with paragraph tunity for comment, that implementation of ‘‘(iii) MINIMUM QUANTITY DERIVED FROM (9)(C). the requirement would severely harm the CELLULOSIC BIOMASS.—For calendar year 2013 ‘‘(B) USE OF CREDITS.—A person that gen- economy or environment of a State, a re- and each calendar year thereafter— erates credits under subparagraph (A) may gion, or the United States; or ‘‘(I) the applicable volume referred to in use the credits, or transfer all or a portion of ‘‘(ii) based on a determination by the Ad- clause (ii) shall contain a minimum of the credits to another person, for the pur- ministrator, after public notice and oppor- 250,000,000 gallons that are derived from cel- pose of complying with paragraph (2). tunity for comment, that there is an inad- ‘‘(C) DURATION OF CREDITS.—A credit gen- equate domestic supply. lulosic biomass; and erated under this paragraph shall be valid to ‘‘(B) PETITIONS FOR WAIVERS.—The Admin- ‘‘(II) the 2.5-to-1 ratio referred to in para- show compliance for the calendar year in istrator, in consultation with the Secretary graph (4) shall not apply. which the credit was generated. of Agriculture and the Secretary of Energy, ‘‘(iv) MINIMUM APPLICABLE VOLUME.—For ‘‘(D) INABILITY TO GENERATE OR PURCHASE shall approve or disapprove a State petition the purpose of subparagraph (A), the applica- SUFFICIENT CREDITS.—The regulations pro- for a waiver of the requirements of para- ble volume for calendar year 2013 and each mulgated under paragraph (2)(A) shall in- graph (2) within 90 days after the date on calendar year thereafter shall be not less clude provisions allowing any person that is which the petition is received by the Admin- than the product obtained by multiplying— unable to generate or purchase sufficient istrator. ‘‘(I) the number of gallons of gasoline that credits to meet the requirements of para- ‘‘(C) TERMINATION OF WAIVERS.—A waiver the Administrator estimates will be sold or graph (2) to carry forward a renewable fuel granted under subparagraph (A) shall termi- introduced into commerce in the calendar deficit on condition that the person, in the nate after 1 year, but may be renewed by the year; and calendar year following the year in which Administrator after consultation with the ‘‘(II) the ratio that— the renewable fuel deficit is created— Secretary of Agriculture and the Secretary ‘‘(aa) 8,000,000,000 gallons of renewable fuel; ‘‘(i) achieves compliance with the renew- of Energy. bears to able fuel requirement under paragraph (2); ‘‘(8) STUDY AND WAIVER FOR INITIAL YEAR OF ‘‘(bb) the number of gallons of gasoline and PROGRAM.— sold or introduced into commerce in cal- ‘‘(ii) generates or purchases additional re- ‘‘(A) IN GENERAL.—Not later than 180 days endar year 2012. newable fuel credits to offset the renewable after the date of enactment of this para- ‘‘(3) APPLICABLE PERCENTAGES.— fuel deficit of the previous year. graph, the Secretary of Energy shall conduct ‘‘(A) PROVISION OF ESTIMATE OF VOLUMES OF ‘‘(6) SEASONAL VARIATIONS IN RENEWABLE for the Administrator a study assessing GASOLINE SALES.—Not later than October 31 FUEL USE.— whether the renewable fuel requirement of each of calendar years 2005 through 2011, ‘‘(A) STUDY.—For each of calendar years under paragraph (2) will likely result in sig- the Administrator of the Energy Information 2006 through 2012, the Administrator of the nificant adverse impacts on consumers in Administration shall provide to the Adminis- Energy Information Administration shall 2006, on a national, regional, or State basis. trator of the Environmental Protection conduct a study of renewable fuel blending ‘‘(B) REQUIRED EVALUATIONS.—The study Agency an estimate, with respect to the fol- to determine whether there are excessive shall evaluate renewable fuel— lowing calendar year, of the volumes of gaso- seasonal variations in the use of renewable ‘‘(i) supplies and prices; line projected to be sold or introduced into fuel. ‘‘(ii) blendstock supplies; and commerce in the United States. ‘‘(B) REGULATION OF EXCESSIVE SEASONAL ‘‘(iii) supply and distribution system capa- ‘‘(B) DETERMINATION OF APPLICABLE PER- VARIATIONS.—If, for any calendar year, the bilities. CENTAGES.— Administrator of the Energy Information ‘‘(C) RECOMMENDATIONS BY THE SEC- ‘‘(i) IN GENERAL.—Not later than November Administration, based on the study under RETARY.—Based on the results of the study, 30 of each of calendar years 2005 through 2012, subparagraph (A), makes the determinations the Secretary of Energy shall make specific based on the estimate provided under sub- specified in subparagraph (C), the Adminis- recommendations to the Administrator con- paragraph (A), the Administrator of the En- trator of the Environmental Protection cerning waiver of the requirements of para- vironmental Protection Agency shall deter- Agency shall promulgate regulations to en- graph (2), in whole or in part, to prevent any mine and publish in the Federal Register, sure that 35 percent or more of the quantity adverse impacts described in subparagraph with respect to the following calendar year, of renewable fuel necessary to meet the re- (A). the renewable fuel obligation that ensures quirements of paragraph (2) is used during ‘‘(D) WAIVER.— that the requirements of paragraph (2) are each of the 2 periods specified in subpara- ‘‘(i) IN GENERAL.—Not later than 270 days met. graph (D) of each subsequent calendar year. after the date of enactment of this para- ‘‘(ii) REQUIRED ELEMENTS.—The renewable ‘‘(C) DETERMINATIONS.—The determina- graph, the Administrator shall, if and to the fuel obligation determined for a calendar tions referred to in subparagraph (B) are extent recommended by the Secretary of En- year under clause (i) shall— that— ergy under subparagraph (C), waive, in whole ‘‘(I) be applicable to refineries, blenders, ‘‘(i) less than 35 percent of the quantity of or in part, the renewable fuel requirement and importers, as appropriate; renewable fuel necessary to meet the re- under paragraph (2) by reducing the national ‘‘(II) be expressed in terms of a volume per- quirements of paragraph (2) has been used quantity of renewable fuel required under centage of gasoline sold or introduced into during 1 of the 2 periods specified in subpara- paragraph (2) in calendar year 2006. commerce in the United States; and graph (D) of the calendar year; and ‘‘(ii) NO EFFECT ON WAIVER AUTHORITY.— ‘‘(III) subject to subparagraph (C)(i), con- ‘‘(ii) a pattern of excessive seasonal vari- Clause (i) does not limit the authority of the sist of a single applicable percentage that ation described in clause (i) will continue in Administrator to waive the requirements of applies to all categories of persons specified subsequent calendar years. paragraph (2) in whole, or in part, under in subclause (I). ‘‘(D) PERIODS.—The 2 periods referred to in paragraph (7). ‘‘(C) ADJUSTMENTS.—In determining the this paragraph are— ‘‘(9) SMALL REFINERIES.— applicable percentage for a calendar year, ‘‘(i) April through September; and ‘‘(A) TEMPORARY EXEMPTION.— the Administrator shall make adjustments— ‘‘(ii) January through March and October ‘‘(i) IN GENERAL.—The requirements of ‘‘(i) to prevent the imposition of redundant through December. paragraph (2) shall not apply to small refin- obligations on any person specified in sub- ‘‘(E) EXCLUSION.—Renewable fuel blended eries until calendar year 2011. paragraph (B)(ii)(I); and or consumed in calendar year 2006 in a State ‘‘(ii) EXTENSION OF EXEMPTION.— ‘‘(ii) to account for the use of renewable that has received a waiver under section ‘‘(I) STUDY BY SECRETARY OF ENERGY.—Not fuel during the previous calendar year by 209(b) shall not be included in the study later than December 31, 2008, the Secretary small refineries that are exempt under para- under subparagraph (A). of Energy shall conduct for the Adminis- graph (9). ‘‘(F) STATE EXEMPTION FROM SEASONALITY trator a study to determine whether compli- ‘‘(4) CELLULOSIC BIOMASS ETHANOL.—For REQUIREMENTS.—Notwithstanding any other ance with the requirements of paragraph (2) the purpose of paragraph (2), 1 gallon of cel- provision of law, the seasonality require- would impose a disproportionate economic lulosic biomass ethanol shall be considered ment relating to renewable fuel use estab- hardship on small refineries. to be the equivalent of 2.5 gallons of renew- lished by this paragraph shall not apply to ‘‘(II) EXTENSION OF EXEMPTION.—In the case able fuel. any State that has received a waiver under of a small refinery that the Secretary of En- ‘‘(5) CREDIT PROGRAM.— section 209(b). ergy determines under subclause (I) would be

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6772 CONGRESSIONAL RECORD — SENATE June 16, 2005

subject to a disproportionate economic hard- ‘‘(3) APPLICABILITY.—This subsection ap- ‘‘(1) MUNICIPAL SOLID WASTE.—The term ship if required to comply with paragraph plies with respect to all claims filed on or ‘municipal solid waste’ has the meaning (2), the Administrator shall extend the ex- after the date of enactment of this sub- given the term ‘solid waste’ in section 1004 of emption under clause (i) for the small refin- section.’’. the Solid Waste Disposal Act (42 U.S.C. 6903). ery for a period of not less than 2 additional (b) PENALTIES AND ENFORCEMENT.—Section ‘‘(2) RFG STATE.—The term ‘RFG State’ years. 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) means a State in which is located 1 or more ‘‘(B) PETITIONS BASED ON DISPROPORTIONATE is amended— covered areas (as defined in section ECONOMIC HARDSHIP.— (1) in paragraph (1)— 211(k)(10)(D)). ‘‘(i) EXTENSION OF EXEMPTION.—A small re- (A) in the first sentence, by striking ‘‘or ‘‘(3) SECRETARY.—The term ‘Secretary’ finery may at any time petition the Admin- (n)’’ each place it appears and inserting ‘‘(n), means the Secretary of Energy. istrator for an extension of the exemption or (o)’’; and ‘‘(b) SURVEY OF RENEWABLE FUEL MAR- (B) in the second sentence, by striking ‘‘or under subparagraph (A) for the reason of dis- KET.— (m)’’ and inserting ‘‘(m), or (o)’’; and proportionate economic hardship. ‘‘(1) SURVEY AND REPORT.—Not later than ‘‘(ii) EVALUATION OF PETITIONS.—In evalu- (2) in the first sentence of paragraph (2), by December 1, 2006, and annually thereafter, ating a petition under clause (i), the Admin- striking ‘‘and (n)’’ each place it appears and the Administrator shall— istrator, in consultation with the Secretary inserting ‘‘(n), and (o)’’. ‘‘(A) conduct, with respect to each conven- (c) EXCLUSION FROM ETHANOL WAIVER.— of Energy, shall consider the findings of the tional gasoline use area and each reformu- study under subparagraph (A)(ii) and other Section 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is amended— lated gasoline use area in each State, a sur- economic factors. (1) by redesignating paragraph (5) as para- vey to determine the market shares of— ‘‘(iii) DEADLINE FOR ACTION ON PETITIONS.— graph (6); and ‘‘(i) conventional gasoline containing eth- The Administrator shall act on any petition (2) by inserting after paragraph (4) the fol- anol; submitted by a small refinery for a hardship lowing: ‘‘(ii) reformulated gasoline containing eth- exemption not later than 90 days after the ‘‘(5) EXCLUSION FROM ETHANOL WAIVER.— anol; date of receipt of the petition. ‘‘(A) PROMULGATION OF REGULATIONS.— ‘‘(iii) conventional gasoline containing re- ‘‘(C) CREDIT PROGRAM.—If a small refinery Upon notification, accompanied by sup- newable fuel; and notifies the Administrator that the small re- porting documentation, from the Governor ‘‘(iv) reformulated gasoline containing re- finery waives the exemption under subpara- of a State that the Reid vapor pressure limi- newable fuel; and graph (A), the regulations promulgated tation established by paragraph (4) will in- ‘‘(B) submit to Congress, and make pub- under paragraph (2)(A) shall provide for the crease emissions that contribute to air pollu- licly available, a report on the results of the generation of credits by the small refinery tion in any area in the State, the Adminis- survey under subparagraph (A). under paragraph (5) beginning in the cal- trator shall, by regulation, apply, in lieu of ‘‘(2) RECORDKEEPING AND REPORTING RE- endar year following the date of notification. the Reid vapor pressure limitation estab- QUIREMENTS.— ‘‘(D) OPT-IN FOR SMALL REFINERIES.—A lished by paragraph (4), the Reid vapor pres- ‘‘(A) IN GENERAL.—The Administrator may small refinery shall be subject to the re- sure limitation established by paragraph (1) require any refiner, blender, or importer to quirements of paragraph (2) if the small re- to all fuel blends containing gasoline and 10 keep such records and make such reports as finery notifies the Administrator that the percent denatured anhydrous ethanol that are necessary to ensure that the survey con- small refinery waives the exemption under are sold, offered for sale, dispensed, supplied, ducted under paragraph (1) is accurate. subparagraph (A). offered for supply, transported, or introduced ‘‘(B) RELIANCE ON EXISTING REQUIRE- ‘‘(10) ETHANOL MARKET CONCENTRATION into commerce in the area during the high MENTS.—To avoid duplicative requirements, ANALYSIS.— ozone season. in carrying out subparagraph (A), the Ad- ‘‘(A) ANALYSIS.— ‘‘(B) DEADLINE FOR PROMULGATION.—The ministrator shall rely, to the maximum ex- ‘‘(i) IN GENERAL.—Not later than 180 days Administrator shall promulgate regulations tent practicable, on reporting and record- after the date of enactment of this para- under subparagraph (A) not later than 90 keeping requirements in effect on the date of graph, and annually thereafter, the Federal days after the date of receipt of a notifica- enactment of this section. Trade Commission shall perform a market tion from a Governor under that subpara- ‘‘(3) CONFIDENTIALITY.—Activities carried concentration analysis of the ethanol pro- graph. out under this subsection shall be conducted duction industry using the Herfindahl- ‘‘(C) EFFECTIVE DATE.— in a manner designed to protect confiden- Hirschman Index to determine whether there ‘‘(i) IN GENERAL.—With respect to an area tiality of individual responses. is sufficient competition among industry in a State for which the Governor submits a ‘‘(c) CELLULOSIC BIOMASS ETHANOL AND MU- participants to avoid price-setting and other notification under subparagraph (A), the reg- NICIPAL SOLID WASTE LOAN GUARANTEE PRO- anticompetitive behavior. ulations under that subparagraph shall take GRAM.— ‘‘(ii) SCORING.—For the purpose of scoring effect on the later of— ‘‘(1) IN GENERAL.—Funds may be provided under clause (i) using the Herfindahl- ‘‘(I) the first day of the first high ozone for the cost (as defined in the Federal Credit Hirschman Index, all marketing arrange- season for the area that begins after the date Reform Act of 1990 (2 U.S.C. 661 et seq.)) of ments among industry participants shall be of receipt of the notification; or loan guarantees issued under title XIV of the considered. ‘‘(II) 1 year after the date of receipt of the Energy Policy Act of 2005 to carry out com- ‘‘(B) REPORT.—Not later than December 1, notification. mercial demonstration projects for celluosic 2005, and annually thereafter, the Federal ‘‘(ii) EXTENSION OF EFFECTIVE DATE BASED biomass and sucrose-derived ethanol and cel- Trade Commission shall submit to Congress ON DETERMINATION OF INSUFFICIENT SUPPLY.— lulosic biomass-derived liquid alternative and the Administrator a report on the re- ‘‘(I) IN GENERAL.—If, after receipt of a noti- fuels. sults of the market concentration analysis fication with respect to an area from a Gov- ‘‘(2) DEMONSTRATION PROJECTS.— performed under subparagraph (A)(i). ernor of a State under subparagraph (A), the ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(p) RENEWABLE FUEL SAFE HARBOR.— Administrator determines, on the Adminis- issue loan guarantees under this section to ‘‘(1) IN GENERAL.— trator’s own motion or on petition of any carry out not more than 4 projects to com- ‘‘(A) SAFE HARBOR.—Notwithstanding any person and after consultation with the Sec- mercially demonstrate the feasibility and vi- other provision of Federal or State law, no retary of Energy, that the promulgation of ability of producing cellulosic biomass eth- renewable fuel (as defined in subsection regulations described in subparagraph (A) anol, sucrose-derived ethanol, or cellulosic (o)(1)) used or intended to be used as a motor would result in an insufficient supply of gas- biomass-derived liquid alternative fuels, in- vehicle fuel, nor any motor vehicle fuel con- oline in the State, the Administrator, by cluding at least 1 project that uses cereal taining renewable fuel, shall be deemed to be regulation— straw as a feedstock and 1 project that uses defective in design or manufacture by reason ‘‘(aa) shall extend the effective date of the municipal solid waste as a feedstock. of the fact that the fuel is, or contains, re- regulations under clause (i) with respect to ‘‘(B) DESIGN CAPACITY.—Each project shall newable fuel, if— the area for not more than 1 year; and have a design capacity to produce at least ‘‘(i) the fuel does not violate a control or ‘‘(bb) may renew the extension under item 30,000,000 gallons of cellulosic biomass eth- prohibition imposed by the Administrator (aa) for 2 additional periods, each of which anol or cellulosic biomass-derived liquid al- under this section; and shall not exceed 1 year. ternative fuels each year. ‘‘(ii) the manufacturer of the fuel is in ‘‘(II) DEADLINE FOR ACTION ON PETITIONS.— ‘‘(3) APPLICANT ASSURANCES.—An applicant compliance with all requests for information The Administrator shall act on any petition for a loan guarantee under this section shall under subsection (b). submitted under subclause (I) not later than provide assurances, satisfactory to the Sec- ‘‘(B) SAFE HARBOR NOT APPLICABLE.—In any 180 days after the date of receipt of the peti- retary, that— case in which subparagraph (A) does not tion.’’. ‘‘(A) the project design has been validated apply to a quantity of fuel, the existence of SEC. 212. RENEWABLE FUEL. through the operation of a continuous proc- a design defect or manufacturing defect with (a) IN GENERAL.—The Clean Air Act is ess facility with a cumulative output of at respect to the fuel shall be determined under amended by inserting after section 211 (42 least 50,000 gallons of ethanol or cellulosic otherwise applicable law. U.S.C. 7411) the following: biomass-derived liquid alternative fuels; ‘‘(2) EXCEPTION.—This subsection does not ‘‘SEC. 212. RENEWABLE FUEL. ‘‘(B) the project has been subject to a full apply to ethers. ‘‘(a) DEFINITIONS.—In this section: technical review;

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6773

‘‘(C) the project is covered by adequate for the production of cellulosic biomass eth- (b) RELEASE PREVENTION AND COMPLI- project performance guarantees; anol. ANCE.—Subtitle I of the Solid Waste Disposal ‘‘(D) the project, with the loan guarantee, ‘‘(2) ELIGIBLE PRODUCTION FACILITIES.—A Act (42 U.S.C. 6991 et seq.) is amended by is economically viable; and production facility shall be eligible to re- striking section 9010 and inserting the fol- ‘‘(E) there is a reasonable assurance of re- ceive a grant under this subsection if the lowing: payment of the guaranteed loan. production facility— ‘‘SEC. 9010. RELEASE PREVENTION AND COMPLI- ‘‘(4) LIMITATIONS.— ‘‘(A) is located in the United States; and ANCE. ‘‘(A) MAXIMUM GUARANTEE.—Except as pro- ‘‘(B) uses cellulosic biomass feedstocks de- ‘‘Funds made available under section vided in subparagraph (B), a loan guarantee rived from agricultural residues or munic- 9013(2) from the Leaking Underground Stor- under this section may be issued for up to 80 ipal solid waste. age Tank Trust Fund may be used for con- percent of the estimated cost of a project, ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ducting inspections, or for issuing orders or but may not exceed $250,000,000 for a project. There is authorized to be appropriated to bringing actions under this subtitle— ‘‘(B) ADDITIONAL GUARANTEES.— carry out this subsection— ‘‘(1) by a State (pursuant to section ‘‘(i) IN GENERAL.—The Secretary may issue ‘‘(A) $250,000,000 for fiscal year 2005; and 9003(h)(7)) acting under— additional loan guarantees for a project to ‘‘(B) $400,000,000 for fiscal year 2006.’’. ‘‘(A) a program approved under section cover up to 80 percent of the excess of actual (b) CONFORMING AMENDMENT.—The table of 9004; or project cost over estimated project cost but contents for the Clean Air Act (42 U.S.C. 7401 ‘‘(B) State requirements regulating under- not to exceed 15 percent of the amount of the prec.) is amended by inserting after the item ground storage tanks that are similar or original guarantee. relating to section 211 the following: identical to this subtitle, as determined by the Administrator; and ‘‘(ii) PRINCIPAL AND INTEREST.—Subject to ‘‘Sec. 212. Renewable fuels’’. subparagraph (A), the Secretary shall guar- ‘‘(2) by the Administrator, acting under SEC. 213. SURVEY OF RENEWABLE FUELS CON- this subtitle or a State program approved antee 100 percent of the principal and inter- SUMPTION. under section 9004. est of a loan made under subparagraph (A). Section 205 of the Department of Energy ‘‘SEC. 9011. AUTHORIZATION OF APPROPRIA- ‘‘(5) EQUITY CONTRIBUTIONS.—To be eligible Organization Act (42 U.S.C. 7135) is amended TIONS. for a loan guarantee under this section, an by adding at the end the following: ‘‘In addition to amounts made available applicant for the loan guarantee shall have ‘‘(m) SURVEY OF RENEWABLE FUELS CON- under section 2007(f), there are authorized to binding commitments from equity investors SUMPTION.— be appropriated from the Leaking Under- ‘‘(1) IN GENERAL.—In order to improve the to provide an initial equity contribution of ground Storage Tank Trust Fund, notwith- ability to evaluate the effectiveness of the at least 20 percent of the total project cost. standing section 9508(c)(1) of the Internal ‘‘(6) INSUFFICIENT AMOUNTS.—If the amount Nation’s renewable fuels mandate, the Ad- Revenue Code of 1986— made available to carry out this section is ministrator shall conduct and publish the re- ‘‘(1) to carry out section 9003(h)(12), insufficient to allow the Secretary to make sults of a survey of renewable fuels consump- $200,000,000 for fiscal year 2005, to remain loan guarantees for 3 projects described in tion in the motor vehicle fuels market in the available until expended; and subsection (b), the Secretary shall issue loan United States monthly, and in a manner de- ‘‘(2) to carry out section 9010— guarantees for 1 or more qualifying projects signed to protect the confidentiality of indi- ‘‘(A) $50,000,000 for fiscal year 2005; and under this section in the order in which the vidual responses. ‘‘(B) $30,000,000 for fiscal years 2006 through applications for the projects are received by ‘‘(2) ELEMENTS OF SURVEY.—In conducting 2010.’’. the Secretary. the survey, the Administrator shall collect (c) TECHNICAL AMENDMENTS.— ‘‘(7) APPROVAL.—An application for a loan information retrospectively to 1998, on a na- (1) Section 1001 of the Solid Waste Disposal guarantee under this section shall be ap- tional basis and a regional basis, including— Act (42 U.S.C. prec. 6901) is amended by proved or disapproved by the Secretary not ‘‘(A) the quantity of renewable fuels pro- striking the item relating to section 9010 and later than 90 days after the application is re- duced; inserting the following: ceived by the Secretary. ‘‘(B) the cost of production; ‘‘Sec. 9010. Release prevention and compli- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS ‘‘(C) the cost of blending and marketing; ance. FOR RESOURCE CENTER.—There is authorized ‘‘(D) the quantity of renewable fuels blend- ‘‘Sec. 9011. Authorization of appropria- to be appropriated, for a resource center to ed; tions.’’. ‘‘(E) the quantity of renewable fuels im- further develop bioconversion technology (2) Section 9001(3)(A) of the Solid Waste ported; and using low-cost biomass for the production of Disposal Act (42 U.S.C. 6991(3)(A)) is amended ‘‘(F) market price data.’’. ethanol at the Center for Biomass-Based En- by striking ‘‘sustances’’ and inserting ‘‘sub- ergy at the Mississippi State University and Subtitle C—Federal Reformulated Fuels stances’’. the Oklahoma State University, $4,000,000 for SEC. 221. SHORT TITLE. (3) Section 9003(f)(1) of the Solid Waste Dis- each of fiscal years 2005 through 2007. This subtitle may be cited as the ‘‘Federal posal Act (42 U.S.C. 6991b(f)(1)) is amended by ‘‘(e) RENEWABLE FUEL PRODUCTION RE- Reformulated Fuels Act of 2005’’. striking ‘‘subsection (c) and (d) of this sec- SEARCH AND DEVELOPMENT GRANTS.— SEC. 222. LEAKING UNDERGROUND STORAGE tion’’ and inserting ‘‘subsections (c) and (d)’’. ‘‘(1) IN GENERAL.—The Administrator shall TANKS. (4) Section 9004(a) of the Solid Waste Dis- provide grants for the research into, and de- (a) USE OF LUST FUNDS FOR REMEDIATION posal Act (42 U.S.C. 6991c(a)) is amended in velopment and implementation of, renewable OF CONTAMINATION FROM ETHER FUEL ADDI- the second sentence by striking ‘‘referred fuel production technologies in RFG States TIVES.—Section 9003(h) of the Solid Waste to’’ and all that follows and inserting ‘‘re- with low rates of ethanol production, includ- Disposal Act (42 U.S.C. 6991b(h)) is amend- ferred to in subparagraph (A) or (B), or both, ing low rates of production of cellulosic bio- ed— of section 9001(2).’’. mass ethanol. (1) in paragraph (7)(A)— (5) Section 9005 of the Solid Waste Disposal ‘‘(2) ELIGIBILITY.— (A) by striking ‘‘paragraphs (1) and (2) of Act (42 U.S.C. 6991d) is amended— ‘‘(A) IN GENERAL.—The entities eligible to this subsection’’ and inserting ‘‘paragraphs (A) in subsection (a), by striking ‘‘study receive a grant under this subsection are (1), (2), and (12)’’; and taking’’ and inserting ‘‘study, taking’’; academic institutions in RFG States, and (B) by inserting ‘‘and section 9010’’ before (B) in subsection (b)(1), by striking consortia made up of combinations of aca- ‘‘if’’; and ‘‘relevent’’ and inserting ‘‘relevant’’; and demic institutions, industry, State govern- (2) by adding at the end the following: (C) in subsection (b)(4), by striking ment agencies, or local government agencies ‘‘(12) REMEDIATION OF CONTAMINATION FROM ‘‘Evironmental’’ and inserting ‘‘Environ- in RFG States, that have proven experience ETHER FUEL ADDITIVES.— mental’’. and capabilities with relevant technologies. ‘‘(A) IN GENERAL.—The Administrator and SEC. 223. RESTRICTIONS ON THE USE OF MTBE. ‘‘(B) APPLICATION.—To be eligible to re- the States may use funds made available (a) FINDINGS.—Congress finds that— ceive a grant under this subsection, an eligi- under section 9013(1) to carry out corrective (1) since 1979, methyl tertiary butyl ether ble entity shall submit to the Administrator actions with respect to a release of methyl (referred to in this section as ‘‘MTBE’’) has an application in such manner and form, and tertiary butyl ether or other ether fuel addi- been used nationwide at low levels in gaso- accompanied by such information, as the Ad- tive that presents a threat to human health, line to replace lead as an octane booster or ministrator may specify. welfare, or the environment. anti-knocking agent; ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) APPLICABLE AUTHORITY.—Subpara- (2) Public Law 101–549 (commonly known as There is authorized to be appropriated to graph (A) shall be carried out— the ‘‘Clean Air Act Amendments of 1990’’) (42 carry out this subsection $25,000,000 for each ‘‘(i) in accordance with paragraph (2), ex- U.S.C. 7401 et seq.) established a fuel oxygen- of fiscal years 2006 through 2010. cept that a release with respect to which a ate standard under which reformulated gaso- ‘‘(f) CELLULOSIC BIOMASS ETHANOL CONVER- corrective action is carried out under sub- line must contain at least 2 percent oxygen SION ASSISTANCE.— paragraph (A) shall not be required to be by weight; ‘‘(1) IN GENERAL.—The Secretary may pro- from an underground storage tank; and (3) at the time of the adoption of the fuel vide grants to merchant producers of cellu- ‘‘(ii) in the case of a State, in accordance oxygenate standard, Congress was aware losic biomass ethanol in the United States to with a cooperative agreement entered into that— assist the producers in building eligible pro- by the Administrator and the State under (A) increased use of MTBE could result duction facilities described in paragraph (2) paragraph (7).’’. from the adoption of that standard; and

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6774 CONGRESSIONAL RECORD — SENATE June 16, 2005

(B) the use of MTBE would likely be need- ‘‘(B) REGULATIONS.—The Administrator tent requirement contained in subparagraph ed to implement that standard; shall promulgate regulations to effect the (B))’’; (4) Congress is aware that gasoline and its prohibition in subparagraph (A). (ii) by striking subparagraph (B); and component additives have leaked from stor- ‘‘(C) STATES THAT AUTHORIZE USE.—A State (iii) by redesignating subparagraphs (C) age tanks, with consequences for water qual- described in this subparagraph is a State and (D) as subparagraphs (B) and (C), respec- ity; that submits to the Administrator a notice tively; (5) the fuel industry responded to the fuel that the State authorizes use of methyl ter- (B) in paragraph (3)(A), by striking clause oxygenate standard established by Public tiary butyl ether in motor vehicle fuel sold (v); and Law 101–549 by making substantial invest- or used in the State. (C) in paragraph (7)— ments in— ‘‘(D) PUBLICATION OF NOTICE.—The Admin- (i) in subparagraph (A)— (A) MTBE production capacity; and istrator shall publish in the Federal Register (I) by striking clause (i); and (B) systems to deliver MTBE-containing each notice submitted by a State under sub- (II) by redesignating clauses (ii) and (iii) as gasoline to the marketplace; paragraph (C). clauses (i) and (ii), respectively; and (6) when leaked or spilled into the environ- ‘‘(E) TRACE QUANTITIES.—In carrying out (ii) in subparagraph (C)— ment, MTBE may cause serious problems of subparagraph (A), the Administrator may (I) by striking clause (ii); and drinking water quality; allow trace quantities of methyl tertiary (II) by redesignating clause (iii) as clause (7) in recent years, MTBE has been de- butyl ether, not to exceed 0.5 percent by vol- (ii). tected in water sources throughout the ume, to be present in motor vehicle fuel in (2) APPLICABILITY.—The amendments made United States; cases that the Administrator determines to by paragraph (1) apply— (8) MTBE can be detected by smell and be appropriate. (A) in the case of a State that has received taste at low concentrations; ‘‘(6) MTBE MERCHANT PRODUCER CONVER- a waiver under section 209(b) of the Clean Air (9) while small quantities of MTBE can SION ASSISTANCE.— Act (42 U.S.C. 7543(b)), beginning on the date render water supplies unpalatable, the pre- ‘‘(A) IN GENERAL.— of enactment of this Act; and cise human health effects of MTBE consump- ‘‘(i) GRANTS.—The Secretary of Energy, in (B) in the case of any other State, begin- tion at low levels are yet unknown as of the consultation with the Administrator, may ning 270 days after the date of enactment of date of enactment of this Act; make grants to merchant producers of meth- this Act. (10) in the report entitled ‘‘Achieving Clean yl tertiary butyl ether in the United States (b) MAINTENANCE OF TOXIC AIR POLLUTANT Air and Clean Water: The Report of the Blue to assist the producers in the conversion of EMISSION REDUCTIONS.—Section 211(k)(1) of Ribbon Panel on Oxygenates in Gasoline’’ eligible production facilities described in the Clean Air Act (42 U.S.C. 7545(k)(1)) is and dated September 1999, Congress was subparagraph (C) to the production of— amended— urged— ‘‘(I) iso-octane or alkylates, unless the Ad- (1) by striking ‘‘Within 1 year after the en- (A) to eliminate the fuel oxygenate stand- ministrator, in consultation with the Sec- actment of the Clean Air Act Amendments of ard; retary of Energy, determines that transition 1990,’’ and inserting the following: (B) to greatly reduce use of MTBE; and assistance for the production of iso-octane or ‘‘(A) IN GENERAL.—Not later than Novem- (C) to maintain the environmental per- alkylates is inconsistent with the criteria ber 15, 1991,’’; and formance of reformulated gasoline; specified in subparagraph (B); and (2) by adding at the end the following: (11) Congress has— ‘‘(II) any other fuel additive that meets the ‘‘(B) MAINTENANCE OF TOXIC AIR POLLUTANT (A) reconsidered the relative value of criteria specified in subparagraph (B). EMISSIONS REDUCTIONS FROM REFORMULATED MTBE in gasoline; and ‘‘(B) CRITERIA.—The criteria referred to in GASOLINE.— (B) decided to eliminate use of MTBE as a subparagraph (A) are that— ‘‘(i) DEFINITION OF PADD.—In this subpara- fuel additive; ‘‘(i) use of the fuel additive is consistent graph the term ‘PADD’ means a Petroleum (12) the timeline for elimination of use of with this subsection; Administration for Defense District. MTBE as a fuel additive must be established ‘‘(ii) the Administrator has not determined ‘‘(ii) REGULATIONS CONCERNING EMISSIONS in a manner that achieves an appropriate that the fuel additive may reasonably be an- OF TOXIC AIR POLLUTANTS.—Not later than 270 balance among the goals of— ticipated to endanger public health or the days after the date of enactment of this sub- (A) environmental protection; environment; paragraph, the Administrator shall establish (B) adequate energy supply; and ‘‘(iii) the fuel additive has been registered by regulation, for each refinery or importer (C) reasonable fuel prices; and and tested, or is being tested, in accordance (other than a refiner or importer in a State (13) it is appropriate for Congress to pro- with the requirements of this section; and that has received a waiver under section vide some limited transition assistance— ‘‘(iv) the fuel additive will contribute to 209(b) with respect to gasoline produced for (A) to merchant producers of MTBE who replacing quantities of motor vehicle fuel use in that State), standards for toxic air produced MTBE in response to a market cre- rendered unavailable as a result of paragraph pollutants from use of the reformulated gas- ated by the oxygenate requirement con- (5). oline produced or distributed by the refiner tained in the Clean Air Act (42 U.S.C. 7401 et ‘‘(C) ELIGIBLE PRODUCTION FACILITIES.—A or importer that maintain the reduction of seq.); and production facility shall be eligible to re- the average annual aggregate emissions of (B) for the purpose of mitigating any fuel ceive a grant under this paragraph if the pro- toxic air pollutants for reformulated gaso- supply problems that may result from elimi- duction facility— line produced or distributed by the refiner or nation of a widely-used fuel additive. ‘‘(i) is located in the United States; and importer during calendar years 2001 and 2002 ‘‘(ii) produced methyl tertiary butyl ether (b) PURPOSES.—The purposes of this section (as determined on the basis of data collected for consumption in nonattainment areas dur- are— by the Administrator with respect to the re- ing the period— finer or importer). (1) to eliminate use of MTBE as a fuel oxy- ‘‘(I) beginning on the date of enactment of genate; and ‘‘(iii) STANDARDS APPLICABLE TO SPECIFIC this paragraph; and REFINERIES OR IMPORTERS.— (2) to provide assistance to merchant pro- ‘‘(II) ending on the effective date of the ducers of MTBE in making the transition ‘‘(I) APPLICABILITY OF STANDARDS.—For prohibition on the use of methyl tertiary any calendar year, the standards applicable from producing MTBE to producing other butyl ether under paragraph (5). fuel additives. to a refiner or importer under clause (ii) ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— shall apply to the quantity of gasoline pro- (c) AUTHORITY FOR WATER QUALITY PROTEC- There is authorized to be appropriated to duced or distributed by the refiner or im- TION FROM FUELS.—Section 211(c) of the carry out this paragraph $250,000,000 for each porter in the calendar year only to the ex- Clean Air Act (42 U.S.C. 7545(c)) is amended— of fiscal years 2005 through 2008.’’. tent that the quantity is less than or equal (1) in paragraph (1)(A)— (d) NO EFFECT ON LAW CONCERNING STATE to the average annual quantity of reformu- (A) by inserting ‘‘fuel or fuel additive or’’ AUTHORITY.—The amendments made by sub- lated gasoline produced or distributed by the after ‘‘Administrator any’’; and section (c) have no effect on any law enacted refiner or importer during calendar years (B) by striking ‘‘air pollution which’’ and or in effect before the date of enactment of 2001 and 2002. inserting ‘‘air pollution, or water pollution, this Act concerning the authority of States ‘‘(II) APPLICABILITY OF OTHER STANDARDS.— that’’; to limit the use of methyl tertiary butyl For any calendar year, the quantity of gaso- (2) in paragraph (4)(B), by inserting ‘‘or ether in motor vehicle fuel. line produced or distributed by a refiner or water quality protection,’’ after ‘‘emission SEC. 224. ELIMINATION OF OXYGEN CONTENT RE- importer that is in excess of the quantity control,’’; and QUIREMENT FOR REFORMULATED subject to subclause (I) shall be subject to (3) by adding at the end the following: GASOLINE. standards for emissions of toxic air pollut- ‘‘(5) RESTRICTIONS ON USE OF MTBE.— (a) ELIMINATION.— ants promulgated under subparagraph (A) ‘‘(A) IN GENERAL.—Subject to subparagraph (1) IN GENERAL.—Section 211(k) of the and paragraph (3)(B). (E), not later than 4 years after the date of Clean Air Act (42 U.S.C. 7545(k)) is amend- ‘‘(iv) CREDIT PROGRAM.—The Administrator enactment of this paragraph, the use of ed— shall provide for the granting and use of methyl tertiary butyl ether in motor vehicle (A) in paragraph (2)— credits for emissions of toxic air pollutants fuel in any State other than a State de- (i) in the second sentence of subparagraph in the same manner as provided in paragraph scribed in subparagraph (C) is prohibited. (A), by striking ‘‘(including the oxygen con- (7).

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6775

‘‘(v) REGIONAL PROTECTION OF TOXICS RE- ments applicable to gasoline designated for pregnant women, minority or low-income DUCTION BASELINES.— VOC-Control Region 1. communities, and other sensitive popu- ‘‘(I) IN GENERAL.—Not later than 60 days (e) SAVINGS CLAUSE.— lations), air quality, and water resources of after the date of enactment of this subpara- (1) IN GENERAL.—Nothing in this section or the adjustment for ethanol-blended reformu- graph, and not later than April 1 of each cal- any amendment made by this section affects lated gasoline to the volatile organic com- endar year that begins after that date of en- or prejudices any legal claim or action with pounds performance requirements that are actment, the Administrator shall publish in respect to regulations promulgated by the applicable under paragraphs (1) and (3) of the Federal Register a report that specifies, Administrator before the date of enactment section 211(k); and with respect to the previous calendar year— of this Act regarding— ‘‘(iii) submit to the Committee on Environ- ‘‘(aa) the quantity of reformulated gasoline (A) emissions of toxic air pollutants from ment and Public Works of the Senate and produced that is in excess of the average an- motor vehicles; or the Committee on Energy and Commerce of nual quantity of reformulated gasoline pro- (B) the adjustment of standards applicable the House of Representatives a report de- duced in 2001 and 2002; and to a specific refinery or importer made under scribing the results of the studies under ‘‘(bb) the reduction of the average annual those regulations. clauses (i) and (ii). aggregate emissions of toxic air pollutants (2) ADJUSTMENT OF STANDARDS.— ‘‘(B) CONTRACTS FOR STUDY.—In carrying in each PADD, based on retail survey data or (A) APPLICABILITY.—The Administrator out this paragraph, the Administrator may data from other appropriate sources. may apply any adjustments to the standards enter into 1 or more contracts with non- ‘‘(II) EFFECT OF FAILURE TO MAINTAIN AG- applicable to a refinery or importer under governmental entities such as— GREGATE TOXICS REDUCTIONS.—If, in any cal- subparagraph (B)(iii)(I) of section 211(k)(1) of ‘‘(i) the national energy laboratories; and endar year, the reduction of the average an- the Clean Air Act (as added by subsection ‘‘(ii) institutions of higher education (as nual aggregate emissions of toxic air pollut- (b)(2)), except that— defined in section 101 of the Higher Edu- ants in a PADD fails to meet or exceed the (i) the Administrator shall revise the ad- cation Act of 1965 (20 U.S.C. 1001)).’’. reduction of the average annual aggregate justments to be based only on calendar years 2001 and 2002; SEC. 226. ANALYSES OF MOTOR VEHICLE FUEL emissions of toxic air pollutants in the CHANGES. (ii) any such adjustment shall not be made PADD in calendar years 2001 and 2002, the Section 211 of the Clean Air Act (42 U.S.C. at a level below the average percentage of re- Administrator, not later than 90 days after 7545) (as amended by section 205(a)) is amend- ductions of emissions of toxic air pollutants the date of publication of the report for the ed by inserting after subsection (p) the fol- for reformulated gasoline supplied to PADD calendar year under subclause (I), shall— lowing: ‘‘(aa) identify, to the maximum extent I during calendar years 2001 and 2002; and ‘‘(q) ANALYSES OF MOTOR VEHICLE FUEL practicable, the reasons for the failure, in- (iii) in the case of an adjustment based on CHANGES AND EMISSIONS MODEL.— cluding the sources, volumes, and character- toxic air pollutant emissions from reformu- ‘‘(1) ANTI-BACKSLIDING ANALYSIS.— istics of reformulated gasoline that contrib- lated gasoline significantly below the na- ‘‘(A) DRAFT ANALYSIS.—Not later than 4 uted to the failure; and tional annual average emissions of toxic air pollutants from all reformulated gasoline— years after the date of enactment of this ‘‘(bb) promulgate revisions to the regula- paragraph, the Administrator shall publish tions promulgated under clause (ii), to take (I) the Administrator may revise the ad- justment to take account of the scope of the for public comment a draft analysis of the effect not earlier than 180 days but not later changes in emissions of air pollutants and than 270 days after the date of promulgation, prohibition on methyl tertiary butyl ether imposed by paragraph (5) of section 211(c) of air quality due to the use of motor vehicle to provide that, notwithstanding clause fuel and fuel additives resulting from imple- (iii)(II), all reformulated gasoline produced the Clean Air Act (as added by section 211(c)); and mentation of the amendments made by the or distributed at each refiner or importer Federal Reformulated Fuels Act of 2005. shall meet the standards applicable under (II) any such adjustment shall require the ‘‘(B) FINAL ANALYSIS.—After providing a clause (iii)(I) beginning not later than April refiner or importer, to the maximum extent practicable, to maintain the reduction reasonable opportunity for comment but not 1 of the calendar year following publication later than 5 years after the date of enact- of the report under subclause (I) and in each achieved during calendar years 2001 and 2002 in the average annual aggregate emissions of ment of this paragraph, the Administrator calendar year thereafter. shall publish the analysis in final form. ‘‘(vi) REGULATIONS TO CONTROL HAZARDOUS toxic air pollutants from reformulated gaso- ‘‘(2) EMISSIONS MODEL.—For the purposes of AIR POLLUTANTS FROM MOTOR VEHICLES AND line produced or distributed by the refiner or importer. this section, not later than 4 years after the MOTOR VEHICLE FUELS.—Not later than July date of enactment of this paragraph, the Ad- 1, 2006, the Administrator shall promulgate SEC. 225. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF FUELS AND FUEL ADDI- ministrator shall develop and finalize an final regulations to control hazardous air emissions model that reflects, to the max- pollutants from motor vehicles and motor TIVES. Section 211(b) of the Clean Air Act (42 imum extent practicable, the effects of gaso- vehicle fuels, as provided for in section U.S.C. 7545(b)) is amended— line characteristics or components on emis- 80.1045 of title 40, Code of Federal Regula- (1) in paragraph (2)— sions from vehicles in the motor vehicle fleet tions (as in effect on the date of enactment (A) by striking ‘‘may also’’ and inserting during calendar year 2007. of this subparagraph).’’. ‘‘shall, on a regular basis,’’; and ‘‘(3) PERMEATION EFFECTS STUDY.— (c) COMMINGLING.— (B) by striking subparagraph (A) and in- ‘‘(A) IN GENERAL.—Not later than 1 year (1) IN GENERAL.—Section 211(k) of the after the date of enactment of this para- Clean Air Act (42 U.S.C. 7545(k)) is amended serting the following: graph, the Administrator shall conduct a by adding at the end the following: ‘‘(A) to conduct tests to determine poten- tial public health and environmental effects study, and report to Congress the results of ‘‘(11) COMMINGLING.—The regulations under the study, on the effects of ethanol content paragraph (1) shall permit the commingling of the fuel or additive (including carcino- in gasoline on permeation, the process by at a retail station of reformulated gasoline genic, teratogenic, or mutagenic effects); which fuel molecules migrate through the containing ethanol and reformulated gaso- and’’; and elastomeric materials (rubber and plastic line that does not contain ethanol if, each (2) by adding at the end the following: parts) that make up the fuel and fuel vapor time such commingling occurs— ‘‘(4) STUDY ON CERTAIN FUEL ADDITIVES AND systems of a motor vehicle. ‘‘(A) the retailer notifies the Adminis- BLENDSTOCKS.— ‘‘(B) EVAPORATIVE EMISSIONS.—The study trator before the commingling, identifying ‘‘(A) IN GENERAL.—Not later than 2 years shall include estimates of the increase in the exact location of the retail station and after the date of enactment of this para- total evaporative emissions likely to result the specific tank in which the commingling graph, the Administrator shall— from the use of gasoline with ethanol con- will take place; and ‘‘(i) conduct a study on the effects on pub- tent in a motor vehicle, and the fleet of ‘‘(B) the retailer certifies that the reformu- lic health (including the effects on children, motor vehicles, due to permeation.’’. lated gasoline resulting from the commin- pregnant women, minority or low-income gling will meet all applicable requirements communities, and other sensitive popu- SEC. 227. ADDITIONAL OPT-IN AREAS UNDER RE- FORMULATED GASOLINE PROGRAM. for reformulated gasoline, including content lations), air quality, and water resources of and emission performance standards.’’. increased use of, and the feasibility of using Section 211(k)(6) of the Clean Air Act (42 (d) CONSOLIDATION IN REFORMULATED GASO- as substitutes for methyl tertiary butyl U.S.C. 7545(k)(6)) is amended— LINE REGULATIONS.—Not later than 180 days ether in gasoline— (1) by striking ‘‘(6) OPT-IN AREAS.—(A) after the date of enactment of this Act, the ‘‘(I) ethyl tertiary butyl ether; Upon’’ and inserting the following: Administrator of the Environmental Protec- ‘‘(II) tertiary amyl methyl ether; ‘‘(6) OPT-IN AREAS.— tion Agency shall revise the reformulated ‘‘(III) di-isopropyl ether; ‘‘(A) CLASSIFIED AREAS.— gasoline regulations under subpart D of part ‘‘(IV) tertiary butyl alcohol; ‘‘(i) IN GENERAL.—Upon’’; 80 of title 40, Code of Federal Regulations, to ‘‘(V) other ethers and heavy alcohols, as (2) in subparagraph (B), by striking ‘‘(B) consolidate the regulations applicable to determined by then Administrator; If’’ and inserting the following: VOC-Control Regions 1 and 2 under section ‘‘(VI) ethanol; ‘‘(ii) EFFECT OF INSUFFICIENT DOMESTIC CA- 80.41 of that title by eliminating the less ‘‘(VII) iso-octane; and PACITY TO PRODUCE REFORMULATED GASO- stringent requirements applicable to gaso- ‘‘(VIII) alkylates; and LINE.—If’’; line designated for VOC-Control Region 2 and ‘‘(ii) conduct a study on the effects on pub- (3) in subparagraph (A)(ii) (as redesignated instead applying the more stringent require- lic health (including the effects on children, by paragraph (2))—

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6776 CONGRESSIONAL RECORD — SENATE June 16, 2005 (A) in the first sentence, by striking ‘‘sub- pressure), oxygenated fuel, and diesel fuel; Protection Agency shall, in consultation paragraph (A)’’ and inserting ‘‘clause (i)’’; and with the Secretary of Agriculture and the and (B) other requirements that vary from Biomass Research and Development Tech- (B) in the second sentence, by striking State to State, region to region, or locality nical Advisory Committee established under ‘‘this paragraph’’ and inserting ‘‘this sub- to locality. section 306 of the Biomass Research and De- paragraph’’; and (2) REQUIRED ELEMENTS.—The study shall velopment Act of 2000 (Public Law 106–224; 7 (4) by adding at the end the following: assess— U.S.C. 8101 note), establish a program, to be ‘‘(B) OZONE TRANSPORT REGION.— (A) the effect of the variety of require- known as the ‘‘Advanced Biofuel Tech- ‘‘(i) APPLICATION OF PROHIBITION.— ments described in paragraph (1) on the sup- nologies Program’’, to demonstrate advanced ‘‘(I) IN GENERAL.—On application of the ply, quality, and price of motor vehicle fuels technologies for the production of alter- Governor of a State in the ozone transport available to the consumer; native transportation fuels. region established by section 184(a), the Ad- (B) the effect of the requirements described (b) PRIORITY.—In carrying out the program ministrator, not later than 180 days after the in paragraph (1) on achievement of— under subsection (a), the Administrator shall date of receipt of the application, shall apply (i) national, regional, and local air quality give priority to projects that enhance the the prohibition specified in paragraph (5) to standards and goals; and geographical diversity of alternative fuels any area in the State (other than an area (ii) related environmental and public production and utilize feedstocks that rep- classified as a marginal, moderate, serious, health protection standards and goals (in- resent 10 percent or less of ethanol or bio- or severe ozone nonattainment area under cluding the protection of children, pregnant diesel fuel production in the United States subpart 2 of part D of title I) unless the Ad- women, minority or low-income commu- during the previous fiscal year. ministrator determines under clause (iii) nities, and other sensitive populations); (c) DEMONSTRATION PROJECTS.— that there is insufficient capacity to supply (C) the effect of Federal, State, and local (1) IN GENERAL.—As part of the program reformulated gasoline. motor vehicle fuel regulations, including under subsection (a), the Administrator shall ‘‘(II) PUBLICATION OF APPLICATION.—As soon multiple motor vehicle fuel requirements, fund demonstration projects— as practicable after the date of receipt of an on— (A) to develop not less than 4 different con- application under subclause (I), the Adminis- (i) domestic refiners; version technologies for producing cellulosic trator shall publish the application in the (ii) the fuel distribution system; and biomass ethanol and cellulosic biomass-de- Federal Register. (iii) industry investment in new capacity; rived liquid alternative fuel (as defined in ‘‘(ii) PERIOD OF APPLICABILITY.—Under (D) the effect of the requirements de- section 211(o)(1) of the Clean Air Act (as clause (i), the prohibition specified in para- scribed in paragraph (1) on emissions from amended by section 211(a))); and graph (5) shall apply in a State— vehicles, refiners, and fuel handling facili- (B) to develop not less than 5 technologies ‘‘(I) commencing as soon as practicable but ties; for coproducing value-added bioproducts not later than 2 years after the date of ap- (E) the feasibility of developing national or (such as fertilizers, herbicides, and pes- proval by the Administrator of the applica- regional motor vehicle fuel slates for the 48 ticides) resulting from the production of bio- tion of the Governor of the State; and contiguous States that, while protecting and diesel fuel. ‘‘(II) ending not earlier than 4 years after improving air quality at the national, re- (2) ADMINISTRATION.—Demonstration pro- the commencement date determined under gional, and local levels, could— jects under this subsection shall be— subclause (I). (i) enhance flexibility in the fuel distribu- (A) conducted based on a merit-reviewed, ‘‘(iii) EXTENSION OF COMMENCEMENT DATE tion infrastructure and improve fuel competitive process; and BASED ON INSUFFICIENT CAPACITY.— fungibility; (B) subject to the cost-sharing require- ‘‘(I) IN GENERAL.—If, after receipt of an ap- (ii) reduce price volatility and costs to ments of section 1002. plication from a Governor of a State under consumers and producers; (d) AUTHORIZATION OF APPROPRIATIONS.— clause (i), the Administrator determines, on (iii) provide increased liquidity to the gas- There are authorized to be appropriated to the Administrator’s own motion or on peti- oline market; and carry out this section $110,000,000 for each of tion of any person, after consultation with (iv) enhance fuel quality, consistency, and fiscal years 2005 through 2009. the Secretary of Energy, that there is insuf- supply; and SEC. 231. SUGAR CANE ETHANOL PROGRAM. ficient capacity to supply reformulated gaso- (F) the feasibility of providing incentives, (a) DEFINITION OF PROGRAM.—In this sec- line, the Administrator, by regulation— and the need for the development of national tion, the term ‘‘program’’ means the Sugar ‘‘(aa) shall extend the commencement date standards necessary, to promote cleaner Cane Ethanol Program established by sub- with respect to the State under clause (ii)(I) burning motor vehicle fuel. section (b). for not more than 1 year; and (b) REPORT.— (b) ESTABLISHMENT.—There is established ‘‘(bb) may renew the extension under item (1) IN GENERAL.—Not later than June 1, within the Environmental Protection Agen- (aa) for 2 additional periods, each of which 2008, the Administrator of the Environ- cy a program to be known as the ‘‘Sugar shall not exceed 1 year. mental Protection Agency and the Secretary Cane Ethanol Program’’. ‘‘(II) DEADLINE FOR ACTION ON PETITIONS.— of Energy shall submit to Congress a report (c) PROJECT.— The Administrator shall act on any petition on the results of the study conducted under (1) IN GENERAL.—Subject to the avail- submitted under subclause (I) not later than subsection (a). ability of appropriations under subsection 180 days after the date of receipt of the peti- (2) RECOMMENDATIONS.— (d), in carrying out the program, the Admin- tion.’’. (A) IN GENERAL.—The report shall contain istrator of the Environmental Protection SEC. 228. FEDERAL ENFORCEMENT OF STATE recommendations for legislative and admin- Agency shall establish a project that is— FUELS REQUIREMENTS. istrative actions that may be taken— (A) carried out in multiple States— Section 211(c)(4)(C) of the Clean Air Act (42 (i) to improve air quality; (i) in each of which is produced cane sugar U.S.C. 7545(c)(4)(C)) is amended— (ii) to reduce costs to consumers and pro- that is eligible for loans under section 156 of (1) by striking ‘‘(C) A State’’ and inserting ducers; and the Federal Agriculture Improvement and the following: (iii) to increase supply liquidity. Reform Act of 1996 (7 U.S.C. 7272), or a simi- ‘‘(C) AUTHORITY OF STATE TO CONTROL (B) REQUIRED CONSIDERATIONS.—The rec- lar subsequent authority; and FUELS AND FUEL ADDITIVES FOR REASONS OF ommendations under subparagraph (A) shall (ii) at the option of each such State, that NECESSITY.— take into account the need to provide ad- have an incentive program that requires the ‘‘(i) IN GENERAL.—A State’’; and vance notice of required modifications to re- use of ethanol in the State; and (2) by adding at the end the following: finery and fuel distribution systems in order (B) designed to study the production of ‘‘(ii) ENFORCEMENT BY THE ADMINIS- to ensure an adequate supply of motor vehi- ethanol from cane sugar, sugarcane, and sug- TRATOR.—In any case in which a State pre- cle fuel in all States. arcane byproducts. scribes and enforces a control or prohibition (3) CONSULTATION.—In developing the re- (2) REQUIREMENTS.—A project described in under clause (i), the Administrator, at the port, the Administrator of the Environ- paragraph (1) shall— request of the State, shall enforce the con- mental Protection Agency and the Secretary (A) be limited to the production of ethanol trol or prohibition as if the control or prohi- of Energy shall consult with— in the States of Florida, Louisiana, Texas, bition had been adopted under the other pro- (A) the Governors of the States; and Hawaii in a way similar to the existing visions of this section.’’. (B) automobile manufacturers; program for the processing of corn for eth- SEC. 229. FUEL SYSTEM REQUIREMENTS HARMO- (C) State and local air pollution control anol to demonstrate that the process may be NIZATION STUDY. regulators; applicable to cane sugar, sugarcane, and sug- (a) STUDY.— (D) public health experts; arcane byproducts; (1) IN GENERAL.—The Administrator of the (E) motor vehicle fuel producers and dis- (B) include information on the ways in Environmental Protection Agency and the tributors; and which the scale of production may be rep- Secretary of Energy shall jointly conduct a (F) the public. licated once the sugar cane industry has lo- study of Federal, State, and local require- SEC. 230. ADVANCED BIOFUEL TECHNOLOGIES cated sites for, and constructed, ethanol pro- ments concerning motor vehicle fuels, in- PROGRAM. duction facilities; and cluding— (a) IN GENERAL.—Subject to the avail- (C) not last more than 3 years. (A) requirements relating to reformulated ability of appropriations under subsection (d) AUTHORIZATION OF APPROPRIATIONS.— gasoline, volatility (measured in Reid vapor (d), the Administrator of the Environmental There is authorized to be appropriated to

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6777 carry out this section $36,000,000, to remain On page 505, line 23, strike ‘‘proton ex- ‘‘(II) prepare separate financial state- available until expended. change membrane’’. ments; Subtitle B—Insular Energy On page 742, line 8, strike ‘‘Power’’ and in- ‘‘(iii)(I) the public-utility company shall sert ‘‘Energy Regulatory’’. conduct the transaction in a manner that is On page 755, after line 25, insert the fol- consistent with the transactions among non- SA 794. Mr. DOMENICI (for himself lowing: affiliated and nonassociated companies; and and Mr. BINGAMAN) proposed an amend- SEC. 1329. OVERALL EMPLOYMENT IN A HYDRO- ‘‘(II) the public-utility company shall not ment to the bill H.R. 6, Reserved; as GEN ECONOMY. use its status as a monopoly franchise to follows: (a) STUDY.— confer on its affiliate, or associate company, On page 10, strike lines 5 through 8 and in- (1) IN GENERAL.—The Secretary shall carry any unfair competitive advantage; sert the following: out a study of the likely effects of a transi- ‘‘(iv) the public-utility company shall not tion to a hydrogen economy on overall em- (2) INSTITUTION OF HIGHER EDUCATION.— declare or pay any dividend on any security ployment in the United States. (A) IN GENERAL.—The term ‘‘institution of of the public-utility company in contraven- higher education’’ has the meaning given the (2) CONTENTS.—In completing the study, tion of such regulations as the Commission term in section 101(a) of the Higher Edu- the Secretary shall take into consideration— considers appropriate to protect the finan- cation Act of 1065 (20 U.S.C. 1001(a)). (A) the replacement effects of new goods cial integrity of the public-utility company; and services; (B) INCLUSION.—The term ‘‘institution of ‘‘(v) the public-utility company shall have higher education’’ includes an organization (B) international competition; at least 1 independent director on its board that— (C) workforce training requirements; of directors; (i) is organized, and at all times thereafter (D) multiple possible fuel cycles, including ‘‘(vi) the affiliate or associate company operated, exclusively for the benefit of, to usage of raw materials; shall not structure its governance nor shall perform the functions of, or to carry out the (E) rates of market penetration of tech- it acquire any loan, loan guarantee, or other functions of 1 or more organizations referred nologies; and indebtedness in a manner that would permit to in subparagraph (A); and (F) regional variations based on geography. creditors to have recourse against the tan- (b) REPORT.—Not later than 18 months (ii) is operated, supervised, or controlled gible or intangible assets of the public-util- after the date of enactment of this Act, the by or in connection with 1 or more of those ity company; Secretary shall submit to Congress a report organizations. ‘‘(vii) the public-utility company shall On page 121, lines 9 and 10, strike ‘‘sub- describing the findings, conclusions, and rec- not— section (a)’’ and insert ‘‘paragraph (1)’’. ommendations of the study under subsection ‘‘(I) commingle any tangible or intangible On page 223, line 16, strike ‘‘date of enact- (a). assets or liabilities of the public-utility com- ment of this Act’’ and insert ‘‘effective date pany with any assets or liabilities of an affil- of this section’’. SA 795. Mr. BAYH submitted an iate, or associate company, of the public- On page 225, between lines 4 and 5, insert amendment intended to be proposed by utility company; or the following: him to the bill H.R. 6, Reserved; which ‘‘(II) pledge or encumber any assets of the (e) EFFECTIVE DATE.—This section takes ef- was ordered to lie on the table; as fol- public-utility company on behalf of an affil- fect on October 1, 2006. lows: iate, or associate company, of the public- On page 451, line 8, insert utility company; On page 159, after line 23, add the fol- ‘‘(viii)(I) the public-utility company shall ‘‘manufacturability,’’ after ‘‘electronic con- lowing: trols’’. not cross-subsidize or shift costs from an af- On page 452, strike lines 8 and 9 and insert SEC. 211. SENSE OF THE SENATE REGARDING IN- filiate, or associate company, of the public- CLUSION OF LIABILITY WAIVER TO utility company to the public-utility com- the following: MTBE PRODUCERS. pany; and ‘‘(b) MEMBERSHIP.—The Task Force shall It is the sense of the Senate that the Sen- ‘‘(II) the public-utility company shall dis- be ate conferees should not agree to the inclu- close and fully value, at the market value or On page 452, line 15, strike ‘‘members’’ and sion of a provision in the conference report other value specified by the Commission, any insert ‘‘Federal employees’’. that would grant a liability waiver to MTBE tangible or intangible assets or services by On page 452, strike lines 18 through 21. producers. On page 478, between lines 9 and 10, insert the public-utility company that, directly or the following: SA 796. Mr. FEINGOLD (for himself indirectly, are transferred to, or otherwise SEC. 916. BUILDING STANDARDS. provided for the benefit of, an affiliate, or as- and Mr. BROWNBACK) submitted an sociate company of the public-utility com- (a) DEFINITION OF HIGH PERFORMANCE amendment intended to be proposed by BUILDING.—In this section, the term ‘‘high pany; and performance building’’ means a building that him to the bill H.R. 6, Reserved; which ‘‘(ix) electricity and natural gas consumers integrates and optimizes energy efficiency, was ordered to lie on the table; as fol- and investors— durability, life-cycle performance, and occu- lows: ‘‘(I) shall be protected against the financial pant productivity. On page 697, between lines 6 and 7, insert risks of public-utility company diversifica- (b) ASSESSMENT.—Not later than 120 days the following: tion and transactions with and among affili- ates and associate companies of public-util- after the date of enactment of this Act, the SEC. 127ll. FAIR COMPETITION AND FINANCIAL Secretary shall enter into an agreement with INTEGRITY. ity companies; and the National Institute of Building Sciences Section 204 of the Federal Power Act (16 ‘‘(II) shall not be subject to rates or to— U.S.C. 824c) is amended by adding at the end charges that are not reasonably related to (1) conduct an assessment (in cooperation the following: the provision of electricity or natural gas with industry, standards development orga- ‘‘(i)(1) In this subsection, the terms ‘affil- service. nizations, and other entities, as appropriate) iate’, ‘associate company’, and ‘public-util- ‘‘(3) This subsection does not preclude or of whether the current voluntary consensus ity company’ have the meanings given those deny the right of any State or political sub- standards and rating systems for high per- terms in section 1272 of the Energy Policy division of a State to adopt and enforce formance buildings are consistent with the Act of 2005. standards for the corporate and financial research, development and demonstration ‘‘(2)(A) Not later than 1 year after the date separation of public-utility companies that activities of the Department; of enactment of this subsection, the Commis- are more stringent than those provided (2) determine if additional research is re- sion shall issue regulations to regulate under the regulations issued under para- quired, based on the findings of the assess- transactions between public-utility compa- graph (2). ment; and, nies and affiliates and associate companies ‘‘(4) It shall be unlawful for a public-utility (3) recommend steps for the Secretary to of the public-utility companies. company to enter into or take any action in accelerate the development of voluntary ‘‘(B) At a minimum, the regulations under the performance of any transaction with any consensus-based standards for high perform- subparagraph (A) shall require, with respect affiliate, or associate company, of a public- ance buildings that are based on the findings to a transaction between a public-utility utility company in violation of the regula- of the assessment. company and an affiliate or associate com- tions issued under paragraph (2).’’. (c) GRANT AND TECHNICAL ASSISTANCE PRO- pany of the public-utility company, that— f GRAM.—Consistent with subsection (b), the ‘‘(i) any business activity other than pub- National Technology Transfer and Advance- lic-utility company business shall be con- AUTHORITY FOR COMMITTEES TO ment Act of 1995 (15 U.S.C. 3701 et seq.), and ducted through 1 or more affiliates or asso- MEET ciate companies, which shall be independent, the amendments made by that Act, the Sec- COMMITTEE ON BANKING, HOUSING, AND URBAN separate, and distinct entities from the pub- retary shall establish a grant and technical AFFAIRS assistance program to support the develop- lic-utility company; ment of voluntary consensus-based standards ‘‘(ii) the affiliate or associate company Mr. CRAIG. Mr. President, I ask for high performance buildings. shall— unanimous consent that the Com- On page 497, line 13, strike ‘‘using ‘‘(I) maintain separate books, accounts, mittee on Banking, Housing, and thermochemical processes’’. memoranda, and other records; and Urban Affairs be authorized to meet

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6778 CONGRESSIONAL RECORD — SENATE June 16, 2005 during the session of the Senate on Agenda mediately proceed to executive session June 16, 2005, at 10 a.m. to conduct a I. Nominations: Terrence W. Boyle, to consider the following nominations hearing on ‘‘Meeting the Housing and II, to be U.S. Circuit Judge for the on today’s executive calendar. Service Needs of Seniors.’’ Fourth Circuit; Rachel Brand, to be an The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Assistant Attorney General for the Of- objection, it is so ordered. objection, it is so ordered. fice of Legal Policy; Alice S. Fisher, to Mr. FRIST. Calendar 152, 153, 154, 155, COMMITTEE ON COMMERCE, SCIENCE, AND be an Assistant Attorney General for 156, 157, 158, 159, 160, 161, 162, 163, 164, TRANSPORTATION the Criminal Division. 165, 166, 167, 168, and all nominations on Mr. CRAIG. Mr. President, I ask II. Bills: S. 491, Christopher Kangas the Secretary’s desk. I further ask unanimous consent that the Com- Fallen Firefighter Apprentice Act unanimous consent that all of the men- mittee on Science, and Transportation [Specter, Leahy] tioned nominations be confirmed en be authorized to meet on Thursday, III. Matters: Senate Judiciary Com- bloc, the motions to reconsider be laid June 16, 2005, at 10 a.m., on a hearing to mittee Rules. upon the table, the President be imme- Examine Federal Legislative Solutions The PRESIDING OFFICER. Without diately notified of the Senate’s action, to Data Breach and Identity Theft. objection, it is so ordered. and the Senate then return to legisla- The PRESIDING OFFICER. Without tive session. SELECT COMMITTEE ON INTELLIGENCE objection, it is so ordered. The PRESIDING OFFICER. Without Mr. CRAIG. Mr. President, I ask COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. unanimous consent that the Select TRANSPORTATION The nominations considered and con- Committee on Intelligence be author- Mr. CRAIG. Mr. President, I ask firmed are as follows: ized to meet during the session of the unanimous consent that the Com- EXECUTIVE OFFICE OF THE PRESIDENT Senate on June 16, 2005, at 3 p.m., to mittee on Commerce, Science, and Jorge A. Plasencia, of Florida, to be a hold a confirmation hearing. Transportation be authorized to meet Member of the Advisory Board for Cuba The PRESIDING OFFICER. Without on Thursday, June 16, 2005, at 2:30 p.m. Broadcasting for a term expiring October 27, objection, it is so ordered. 2006. on the nominations of William Jeffrey, to be Director of the National Institute PERMANENT SUBCOMMITTEE ON INVESTIGATIONS UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY of Standards and Technology, Ashok Mr. CRAIG. Mr. President, I ask Kaveeshwar, to be Administrator of the unanimous consent that the Perma- Jay T. Snyder, of New York, to be a Mem- ber of the United States Advisory Commis- Research and Innovative Technology nent Subcommittee on Investigations of the Committee on Homeland Secu- sion on Public Diplomacy for a term expiring Administration, Edmund S. Hawley, to July 1, 2007. (Reappointment) rity and Governmental Affairs be au- be Assistant Secretary of Homeland OVERSEAS PRIVATE INVESTMENT CORPORATION Security, and Israel Hernandez, to be thorized to meet on Thursday, June 16, 2005, at 9:30 a.m., for a hearing entitled Christopher J. Hanley, of Maryland, to be Assistant Secretary of Commerce and a Member of the Board of Directors of the Director General of the U.S. Foreign ‘‘Civilian Contractors Who Cheat On Overseas Private Investment Corporation for and Commercial Service. Their Taxes And What Should Be Done a term expiring December 17, 2006. The PRESIDING OFFICER. Without About It.’’ DEPARTMENT OF STATE objection, it is so ordered. The PRESIDING OFFICER. Without Craig Roberts Stapleton, of Connecticut, COMMITTEE ON FINANCE objection, it is so ordered. to be Ambassador Extraordinary and Pleni- Mr. CRAIG. Mr. President, I ask f potentiary of the United States of America unanimous consent that the Com- to France. PRIVILEGE OF THE FLOOR Eduardo Aguirre, Jr., of Texas, to be Am- mittee on Finance be authorized to Mr. BINGAMAN. I ask unanimous bassador Extraordinary and Plenipotentiary meet in open Executive Session during of the United States of America to Spain, the session on Thursday, June 16, 2005, consent Lydia Olander and Joseph Helble, two fellows from the Office of and to serve concurrently and without addi- at 10:30 a.m., to consider an original tional compensation as Ambassador Extraor- bill entitled, ‘‘Energy Policy Tax In- Senator LIEBERMAN, be granted floor dinary and Plenipotentiary of the United centives Act of 2005’’. privileges during consideration of this States of America to Andorra. The PRESIDING OFFICER. Without Energy bill. Roger Dwayne Pierce, of Virginia, a Career objection, it is so ordered. I also ask that during the pendency Member of the Senior Foreign Service, Class of the Energy bill, the following in- of Counselor, to be Ambassador Extraor- COMMITTEE ON FOREIGN RELATIONS terns from my office be permitted dinary and Plenipotentiary of the United Mr. CRAIG. Mr. President, I ask privileges on the floor: Amaris Singer, States of America to Republic of Cape Verde. unanimous consent that the Com- Donald E. Booth, of Virginia, a Career Jed Drolet, Mike Garcia, Ed Kellum, mittee on Foreign Relations be author- Member of the Senior Foreign Service, Class Katy Sterba, Anna Wadsworth, and ized to meet during the session of the of Minister-Counselor, to be Ambassador Ex- Matt Shunkomolah. Senate on Thursday, June 16, 2005 at traordinary and Plenipotentiary of the The PRESIDING OFFICER. Without United States of America to the Republic of 9:30 a.m. to hold a hearing on Stabiliza- objection, it is so ordered. Liberia. tion and Reconstruction. Mrs. CLINTON. I ask unanimous con- Molly Hering Bordonaro, of Oregon, to be The PRESIDING OFFICER. Without sent that Melissa Ho, a fellow in my of- Ambassador Extraordinary and Pleni- objection, it is so ordered. potentiary of the United States of America fice, be granted the privilege of the to the Republic of Malta. COMMITTEE ON INDIAN AFFAIRS floor for the remainder of the debate on Mr. CRAIG. Mr. President, I would Julie Finley, of the District of Columbia, the Energy bill. to be U.S. Representative to the Organiza- like to announce that the Committee The PRESIDING OFFICER. Without tion for Security and Cooperation in Europe, on Indian Affairs will meet on Thurs- objection, it is so ordered. with the rank of Ambassador. day, June 16, 2005, at 9:30 a.m., in room Mr. ALEXANDER. Mr. President, I Richard J. Griffm, of Virginia, to be Direc- 485 of the Russell Senate Office Build- ask unanimous consent that Jeff Muhs, tor of the Office of Foreign Missions, and to ing to conduct an oversight hearing on a science fellow in my office, be grant- have the rank of Ambassador during his ten- Indian Education. ure of service. ed the privilege of the floor during the Robert Johann Dieter, of Colorado, to be The PRESIDING OFFICER. Without pendency of the energy. objection, it is so ordered. Ambassador Extraordinary and Pleni- The PRESIDING OFFICER. Without potentiary of the United States of America COMMITTEE ON THE JUDICIARY objection, it is so ordered. to Belize. Mr. CRAIG. Mr. President, I ask Zalmay Khalilzad, of Maryland, to be Am- f unanimous consent that the Com- bassador Extraordinary and Plenipotentiary mittee on the Judiciary be authorized EXECUTIVE SESSION of the United States of America to Iraq. to meet to conduct a markup on Thurs- Rodolphe M. Vallee, of Vermont, to be Am- bassador Extraordinary and Plenipotentiary day, June 16, 2005, at 9:30 a.m., in Sen- EXECUTIVE CALENDAR of the United States of America to the Slo- ate Dirksen Office Building room 226. vak Republic. The agenda will be provided when it be- Mr. FRIST. Madam President, I ask Pamela E. Bridgewater, of Virginia, a Ca- comes available today. unanimous consent that the Senate im- reer Member of the Senior Foreign Service,

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6779 Class of Minister-Counselor, to be Ambas- RECOGNIZING BURMESE DEMOC- and all prisoners of conscience in sador Extraordinary and Plenipotentiary of RACY ACTIVIST AND NOBEL Burma. I urge Secretary of State Rice the United States of America to the Republic PEACE PRIZE LAUREATE AUNG to encourage regional neighbors and al- of Ghana. Ann Louise Wagner, of Missouri, to be Am- SAN SUU KYI lies to redouble their efforts to support bassador Extraordinary and Plenipotentiary Mr. FRIST. I ask unanimous consent freedom in Burma when she attends of the United States of America to Luxem- that the Senate now proceed to the the 12th Association of Southeast bourg. consideration of S. Res. 174, which was Asian Nations regional forum, and Terence Patrick McCulley, of Oregon, a post-ministerial meetings in Laos. Career Member of the Senior Foreign Serv- submitted earlier today. The PRESIDING OFFICER. The Happy birthday, Suu Kyi. You con- ice, Class of Counselor, to be Ambassador Ex- tinue to be in our thoughts and pray- traordinary and Plenipotentiary of the clerk will report the resolution by United States of America to the Republic of title. ers. Mali. The legislative clerk read as follows: EXHIBIT 1 [NEW REPORTS] A resolution (S. Res. 174) recognizing Bur- STATEMENT IN SUPPORT OF AUNG SAN SUU KYI Richard J. Griffin, of Virginia, to be an As- mese democracy activist and Nobel Peace AND FREEDOM IN BURMA sistant Secretary of State (Diplomatic Secu- Prize Laureate Aung San Suu Kyi as a sym- I want to extend my warm greetings to rity). bol of the struggle for freedom in Burma. those attending this important ceremony FOREIGN SERVICE and most of all to offer my heartfelt support There being no objection, the Senate to Nobel Peace Prize Laureate Aung San Suu PN120–3 FOREIGN SERVICE nominations proceeded to consider the resolution. Kyi. It is a tragedy that she could not be (3) beginning Donald B. Clark, and ending Mr. FRIST. Madam President, I celebrating her birthday among her family, Michael T. Fritz, which nominations were re- would just like to add a real note of ap- friends and the Burmese people. Her contin- ceived by the Senate and appeared in the ued jailing is a powerful symbol of the Congressional Record of January 24, 2005. preciation to an individual, Jackson PN387 FOREIGN SERVICE nominations Cox, who has spent much time focusing strength of Burma’s democracy movement (96) beginning Christine Elder, and ending on this issue of Burmese democracy. and the weakness of those trying to block Samantha Carl Yoder, which nominations The resolution sponsored by Senators this country’s path to freedom. were received by the Senate and appeared in There are those who try to argue that de- MCCONNELL and FEINSTEIN is a resolu- mocracy and individual rights are Western the Congressional Record of April 4, 2005. tion celebrating the tremendous strug- PN388 FOREIGN SERVICE nominations ideals. How wrong they are. In Mongolia, our (101) beginning Todd B. Avery, and ending gle for freedom in Burma. Jackson Cox constitution guarantees the right to life, re- John P. Yorro, which nominations were re- is someone for whom I have tremen- ligious tolerance, the right to own property, ceived by the Senate and appeared in the dous respect, who has focused on that the right to a free press and free expression, Congressional Record of April 4, 2005. initiative. I do want to recognize his and for the public to bring grievances before PN389 FOREIGN SERVICE nominations tremendous work. their democratically elected representatives. (167) beginning Michael Hutchinson, and end- These are not Western ideals, these are Mr. MCCONNELL. Madam President, ing Marie Zulueta, which nominations were rights that each of us inherit at birth from received by the Senate and appeared in the along with my colleagues from Cali- our Supreme Creator. Congressional Record of April 4, 2005. fornia, Arizona, Tennessee and Indiana, Today, Burma is ruled by a military re- PN485 FOREIGN SERVICE nominations I support this resolution recognizing gime that inflicts death, terror and fear on (122) beginning Charles W. Howell, and end- Burmese democracy activist and Nobel the people in their struggle to maintain ing Hector U. Zuccolotto, which nominations Peace Prize laureate Aung San Suu Kyi power. History as written by the Czechs, were received by the Senate and appeared in as a symbol of the struggle for freedom Poles, Hungarians, Serbs, Georgians, Ukrain- the Congressional Record of May 9, 2005. ians, Romanians, Indonesians, we Mongo- in Burma. NOMINATION OF RODOLPHE ‘‘SKIP’’ VALLEE lians and many others has proven that free- While many may know of the horrors dom in the face of tyranny will triumph. Mr. LEAHY. Madam President, I am committed in Burma by the illegit- pleased that the nomination of Burma’s generals should take this history to imate State Peace and Development heart. Rodolphe ‘‘Skip’’ Vallee to be Ambas- Council, SPDC, and the courage, dig- Friends, it is up to each of us living in free sador to the Slovak Republic has been nity and determination of Suu Kyi and societies to reach out and help those living confirmed so expeditiously. This is an her compatriots in the face of this re- under oppression to find their freedom. I can important post, and I am confident assure the Burmese people of one thing: No pression, some people may be unaware that he will serve honorably. dictatorship, no military regime, no authori- Skip is a native Vermonter whose that June 19 marks Suu Kyi’s 60th tarian government can stand against the col- family has lived in the State for gen- birthday. lective will of a people determined to be tree. Tonight, as darkness settles across Mon- erations, and I know he will take his I would like nothing more than to pick up the telephone and call her in golia, I will light a candle and place it in the strong Vermont values with him to front window of my residence as a symbol of Slovakia. While we may not always Rangoon to give her best wishes on her birthday. However, I cannot. Nor can hope and support for the Burmese people and agree on political matters, I have great Aung San Suu Kyi—Prime Minister respect for Skip’s integrity, intel- anyone else. Suu Kyi remains under Elbegdorj Tskahiagiin. ligence, and commitment. house arrest by the SPDC. During his hearing before the Senate In addition to my colleagues in the STATEMENT BY PRESIDENT MIKHEIL Foreign Relations Committee, Skip Unofficial Burma Caucus in the Sen- SAAKASHVILI IN COMMEMORATION OF AUNG SAN SUU KYI AND DEMOCRACY IN BURMA discussed a number of initiatives he ate—Senators FEINSTEIN, MCCAIN, FRIST and LUGAR to name but a few—it On behalf of the Georgian people I want to will undertake in this position; from extend our collective greetings to the Sen- enhancing trade opportunities to pro- is important to recognize the expres- sions of support for Suu Kyi and de- ators, Congressmen, and freedom activists moting democracy. His business experi- gathered here in support of Nobel Peace ence will be of immense value as the mocracy in Burma by other stalwarts Prize Laureate Aung San Suu Kyi. Her con- Slovak Republic seeks to build its of freedom, including Georgian Presi- tinued arrest by Burma’s military junta is economy and integrate itself more dent Mikheil Saakashvili, Mongolian an outrage, her courage in the face of terror fully into the global economy. Prime Minister Elbegdorj Tskahiagiin, and intimidation serves as an inspiration to While I will miss seeing Skip in former Czech Republic President those throughout the world who cherish free- Vaclav Havel, former Malaysian Dep- dom and democracy. Vermont, I know I am joined by In 1990 the Burmese people voted over- Vermonters in saying how proud I am uty Prime Minister Anwar Ibrahim, whelmingly in parliamentary elections for to have one of our own representing and a litany of fellow Nobel Peace Aung San Suu Kyi and her National League our country overseas. I would like to Prize recipients. I ask that statements for Democracy (NLD) to lead them into a congratulate Skip and his family and by President Saakashvili and Prime new era based on democratic governance. wish them the best in this new endeav- Minister Elbegdorj be printed in the The junta has refused to recognize the re- or. RECORD following my remarks. sults of this election. Each day they must wage war on the Burmese people, using mur- f The PRESIDING OFFICER. Without objection, it is so ordered. der, terror and intimidation, to keep their LEGISLATIVE SESSION hold on power. This is a war they are des- (See exhibit 1.) tined to lose. The PRESIDING OFFICER. Under Mr. MCCONNELL. Let me close by We in Georgia understand first-hand what the previous order, the Senate will now reiterating the call for the immediate it is like to live under tyranny and the sac- return to legislative session. and unconditional release of Suu Kyi rifices necessary to gain liberty. Following

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6780 CONGRESSIONAL RECORD — SENATE June 16, 2005 the collapse of Soviet rule, Georgians em- ing that she is willing to forsake seeing (2) calls for the immediate and uncondi- braced democracy and set about building a her children who live abroad ever tional release of Aung San Suu Kyi and all new society dedicated to human rights and again. other prisoners of conscience who are held by the rule of law. When our democracy was hi- Suu Kyi has inspired countless other the State Peace and Development Council, jacked by corruption, the Georgian people Burmese supporters and the world to the illegitimate, repressive military junta in went to the streets and took it back in what power in Burma; and is now known as the Rose Revolution. Today, focus global attention on this conflict. (3) strongly urges Secretary of State individual freedoms are guaranteed, reli- In my State of Colorado, for example, Condoleezza Rice to initiate a discussion of gious and ethnic groups celebrated, and we many people from that country have the repressive practices of the State Peace are working out at the peace table dif- relocated to Boulder. One such person and Development Council during the 12th As- ferences that once threatened our territorial is former Burmese princess Inge Sar- sociation of Southeast Asian Nations re- integrity. I am proud to say that democracy gent who founded the Burma Lifeline. gional forum and post-ministerial meeting is alive and well in Georgia, but our work is This organization funds refugee camps scheduled to take place in Vientiane, Laos far from finished. along the Thai border and works in on July 29, 2005. It is up to those who are free to join the conjunction with other groups such as f fight of the oppressed. I know that the winds the Shan Women Action Network. Inge of freedom that have blown across Georgia, COMMENDING UNIVERSITY OF touched off an Orange Revolution in Sargent was awarded the United Na- MICHIGAN’S SOFTBALL TEAM Ukraine, spawned a Tulip Revolution in tions International Human Rights Award in 2000. Mr. FRIST. I ask unanimous consent Kyrgyzstan, and shook the cedars of Lebanon that the Senate proceed to the imme- will someday soon reach Burma. To the mil- In an effort to lend my voice to the lions of Burmese who are imprisoned with efforts of Senator MCCONNELL and Inge diate consideration of S. Res. 175 sub- Aung San Suu Kyi in their own country, I Sargent, I am happy have joined with mitted earlier today. say this: Doi Yea (Our Cause)! Because your 42 other Senators as a cosponsor of a The PRESIDING OFFICER. The cause is our cause. Wherever freedom-loving joint resolution approving the renewal clerk will report the resolution by people rise up to carry on the legacy of the of import restrictions contained in the title. Rose Revolution, the spirit and support of Burmese Freedom and Democracy Act The legislative clerk read as follows: the Georgian people stand with you. of 2003. A resolution (S. Res. 175) commending the f It is because of brave women like Suu University of Michigan’s softball team for winning the National Collegiate Athletic As- RECOGNIZING DAW AUNG SAN SUU Kyi and the hundreds of people from Burma who have made Colorado their sociation Division I Championship on June 8, KYI 2005. home that Burma has a bright future. Mr. SALAZAR. Madam. President, I Yet the struggle is far from over; these There being no objection, the Senate rise today to take a moment to recog- brave leaders will not be free until Suu proceeded to consider the resolution. nize a woman on the occasion of her 60 Kyi’s call for democracy is answered. Mr. LEVIN. Madam President, it is birthday, a woman whose leadership Mr. FRIST. I ask unanimous consent with great pride that I congratulate and courage in her home country of that the resolution be agreed to, the the University of Michigan Softball Burma inspires the people of that coun- preamble be agreed to, and the motion Team on winning the 2005 National try and the world to continue to fight to reconsider be laid upon the table. Championship. The Wolverines com- for democracy and human rights. The PRESIDING OFFICER. Without pleted an impressive season by defeat- Daw Aung San Suu Kyi has devoted objection, it is so ordered. ing the two-time defending champion her life to fighting for peace in a coun- The resolution (S. Res. 174) was University of California-Los Angeles try whose people live under an oppres- agreed to. Bruins two games to one in thrilling sive one-party socialist government The preamble was agreed to. fashion capped by a three run home run known as the State Law and Restora- The resolution, with its preamble, in the tenth inning of the final game of tion Council, SLORC. This government reads as follows: the 2005 College World Series. This vic- is responsible for the deaths of thou- S. RES. 174 tory marks the first time a team east sands of its own people and the unjust Whereas June 19, 2005 marks the 60th birth- of the Mississippi River has won this imprisonment of untold more. Suu Kyi day of Burmese democracy activist and title and cements the University of remains the only detained Nobel Peace Nobel Peace Prize Laureate Aung San Suu Michigan program as a true national Laureate in the world. Kyi; powerhouse in college softball. The Suu Kyi was born in Burma in 1945 to Whereas Burma is misruled by the State Wolverines played with superb skill General Aung San, the leader of the Peace and Development Council, an illegit- imate, repressive military junta led by Gen- and dogged determination throughout Burmese movement for independence eral Than Shwe; the season and in the World Series to from Great Britain. After his group Whereas although the main opposition clinch their first championship, the achieved Burmese independence and party in Burma, the National League for De- second National Championship ever for took control of the government, he was mocracy, won a landslide victory in national a women’s athletic program at the Uni- assassinated for his democratic beliefs elections in 1990, the State Peace and Devel- versity of Michigan. and practices. Suu Kyi left Burma and opment Council has refused to honor the re- The top ranked Wolverines entered moved to India with her mother after sults of that election and peacefully transfer Wednesday night’s game hungry for the she became the Burmese Ambassador power in Burma; final win that would secure their first Whereas the State Peace and Development to India in 1960. Although Suu Kyi was Council as a matter of policy carries out a National Championship trophy. The only 2 when her father was killed, it campaign of violence and intimidation Wolverines and Bruins split the first was his legacy that inspired her to against the people of Burma and ethnic mi- two games of the best of three series head the National League for Democ- norities that includes the use of rape, tor- and were locked in a fierce battle in racy, NLD when she returned to ture, and terror; the third and final game to determine Myanmar after graduating from Oxford Whereas hundreds of democracy activists, the ultimate victor. The Wolverines University many years later. including Aung San Suu Kyi who is the lead- and Bruins ended regulation with the Under her leadership, the NLD won er of the National League for Democracy, re- score tied at one run each. The tenth main imprisoned by the repressive State the general election in 1990 with a land- Peace and Development Council; and inning would prove pivotal as slide victory. However, the SLORC re- Whereas the United States and other Samantha Findlay seized this oppor- fused to acknowledge their win and put democratic countries recognize and applaud tunity and hit a three run homer to the elected pro-democracy leaders the dedication and commitment to freedom provide the boost necessary to secure under house arrest, including Suu Kyi. demonstrated by Aung San Suu Kyi and the this extra innings win. This grand dis- Although no longer in prison, Suu people of Burma: Now, therefore, be it play of athleticism, coupled with her Kyi is not allowed to travel freely due Resolved, That the Senate— play throughout the postseason, helped to restrictions by the Burmese Govern- (1) recognizes Burmese democracy activist and Nobel Peace Prize Laureate Aung San earn Findlay the Women’s College ment. As a result, she will not leave Suu Kyi as a symbol of the spirit and dedica- World Series Most Valuable Player the country out of fear of being perma- tion of the people of Burma who are coura- Award. nently exiled from her homeland. Her geously and nonviolently struggling for free- That victory provided the perfect commitment to her people is so endur- dom, human rights, and justice; ending to a remarkable season for the

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6781 University of Michigan Softball Team. Michigan took a 4–1 lead after fresh- ciation (NCAA) Softball Championship and After a 32 game winning streak at the man first baseman Samantha Findlay the first Big Ten Conference team to claim a beginning of the season, the Wolverines hit a three run homer in the 10th in- national title in softball or baseball since 1966; became the Nation’s top-ranked college ning. Whereas the University of Michigan soft- softball program for the first time in The 2005 University of Michigan soft- ball team clinched the 2005 Women’s College school history, and they were able to ball team had a remarkable and his- World Series in an exciting extra-innings maintain the top ranking for the rest toric season. They were recognized game with a 3-run homer in the 10th inning of the season. The Wolverines ended mid-season as the top ranked colle- to win 4 to 1; the season with 65 wins and 7 losses, giate softball team in America. They Whereas the University of Michigan soft- the best record in school history and went on to win both the Big Ten reg- ball team hit a home run in 57 of 65 games was one of three schools in NCAA his- ular season championship and Big Ten during the 2005 season and is just 1 of 3 schools in NCAA history to hit 100 home runs tory to hit 100 home runs in a season. Tournament title and then advanced to in a season; Many members of the Wolverine their eighth Women’s College World Whereas in 2005, the University of Michi- team have been honored for their ef- Series to defeat the two-time defending gan softball team earned its first Number 1 forts both on and off of the field. Eight champion UCLA Bruins in the three- ranking in school history and won its tenth of the team’s 19 members were named game series finals. Big Ten Conference championship and sev- to the Big Ten all-conference team, in- I am very proud of the women on this enth Big Ten Tournament title en route to cluding five on the Big Ten first team. University of Michigan team which fin- advancing to its eighth Women’s College Perhaps even more impressive is that World Series; ished with a school record of 65 wins Whereas the NCAA championship title six Wolverine players were named to and 7 losses. Several of Michigan’s marks the 52nd national championship for a the spring 2005 Academic All-Big Ten players received honors during the sea- sports program at the University of Michi- Conference team. The Wolverines’ son for their spectacular play and at gan, the second for a women’s athletic pro- pitcher, Jennie Ritter, was honored the end of the year for their consistent gram at Michigan, and the first for a softball with the Big Ten Pitcher of the Year excellence during the season. In fact, program east of the Mississippi River; title and was a finalist for the Amateur the Women’s College World Series Most Whereas the University of Michigan soft- Softball Association’s USA Softball ball team mounted an impressive season Outstanding Player honors went to record of 65 wins and 7 losses; Collegiate Player of the Year. A mem- Samantha Findlay, the first freshman Whereas Coach Carol Hutchins eclipsed the ber of the Big Ten second team, position player to be so recognized. In 900 win mark, capping a stellar 21 year ca- Samantha Findlay, earned an award as addition, three Michigan players were reer at Michigan that has seen her become the Big Ten Freshman of the Year. The nominated for the USA Softball Colle- the most victorious coach in University of 2005 University of Michigan Softball giate Player of the Year, two of which Michigan history, currently ranking among team included Stephanie Bercaw, are finalists for the award. the top 10 Division I active coaches, with 940 Angie Danis, Samantha Findlay, The 2005 University of Michigan soft- career wins and a .729 winning percentage; Whereas 2 University of Michigan softball Alessandra Giampaolo, Tiffany Haas, ball team was also very exciting to players, shortstop Jessica Merchant and Lauren Holland, Jennifer Kreinbrink, watch because they hit a home run in pitcher Jennie Ritter, were finalists for the Grace Leutele, Becky Marx, Jessica 57 of 65 games during the 2005 season. USA Softball Collegiate Player of the Year Merchant, Rebekah Milian, Nicole They are just one of three schools in Award; Motycka, Jennie Ritter, Lauren Tal- NCAA history to hit 100 home runs in a Whereas a record-tying 8 players from the bot, Michelle Teschler, Michelle season. Michigan’s fans recognized this University of Michigan softball team were Weatherdon, Lorilyn Wilson, Stephanie and came out in support of their team named to the Big Ten All-Conference Team, Winter, and Tiffany Worthy. all year, setting a single-season home and 6 players were named to the Spring 2005 This season proved to be an espe- Academic All-Big Ten Conference Team; attendance record and bringing in the Whereas the University of Michigan soft- cially memorable one for Head Coach top five crowds in program history. ball team was led by the solid coaching of Carol Hutchins for several reasons. Most importantly may be the honor Carol Hutchins, Bonnie Tholl, Jennifer Coach Hutchins eclipsed the 900 career given to six University of Michigan Brundage, and Jennifer Teague; win mark during the season, and her softball players that were named to the Whereas players on the University of 940th win resulted in a championship spring 2005 Academic All-Big Ten Con- Michigan softball team included Stephanie for the Wolverines. She currently en- ference team. I am a strong supporter Bercaw, Angie Danis, Samantha Findlay, joys the distinction of being the most of women’s athletics and believe that Alessandra Giampaolo, Tiffany Haas, Lauren victorious coach in University of Holland, Jennifer Kreinbrink, Grace Leutele, through their participation and accom- Becky Marx, Jessica Merchant, Rebekah Michigan history and currently ranks plishments the women of University of Milian, Nicole Motycka, Jennie Ritter, among the top ten Division I active Michigan’s 2005 national championship Lauren Talbot, Michelle Teschler, Michelle coaches in career wins and winning softball team, and all the other women Weatherdon, Lorilyn Wilson, Stephanie Win- percentage. involved in collegiate athletics, pro- ter, and Tiffany Worthy; and As we honor this impressive triumph, vide powerful and very positive mes- Whereas Michigan had tremendous support I am reminded of the many times I sage to girls and young women in our from its hometown fans during their season, have had the pleasure of congratu- country. setting a home attendance record in 2005, lating a strong Wolverine team. Michi- and bringing in the 5 largest crowds in pro- Mr. FRIST. I ask unanimous consent gram history: Now, therefore, be it gan can be proud of this most recent that the resolution and preamble be Resolved, That the Senate— success, their fifty-second National agreed to en bloc, the motion to recon- (1) commends the University of Michigan Championship in school history. I am sider be laid upon the table, and that softball team for winning the 2005 National proud to join Senator STABENOW in any statements relating thereto be Collegiate Athletic Association Division I congratulating the University of printed in the RECORD, without inter- Championship on June 8, 2005; Michigan Softball Team on winning vening action or debate. (2) recognizes all of the players and coach- es who were instrumental in this achieve- the 2005 Softball National Champion- The PRESIDING OFFICER. Without ship. I know my Senate colleagues ment; and objection, it is so ordered. (3) directs the Secretary of the Senate to share my admiration of the poise, skill The resolution (S. Res. 175) was transmit an enrolled copy of this resolution and hard work necessary to achieve agreed to. to the University of Michigan athletic de- this milestone. The preamble was agreed to. partment for appropriate display. Ms. STABENOW. Madam President, I The resolution, with its preamble, f rise today to congratualte the Univer- reads as follows: sity of Michigan softball team on win- ORDER TO PRINT AS A SENATE S. RES. 175 ning the National Collegiate Athletic DOCUMENT Whereas the top-ranked University of Association championship on June 8, Michigan softball team defeated the Univer- Mr. FRIST. Madam President, I ask 2005. sity of California–Los Angeles (UCLA) Bru- unanimous consent that tribute state- Coach Carol Hutchins’s team com- ins in the Women’s College World Series 2 ments regarding former Senator Exon pleted a remarkable season last games to 1, becoming only the eighth team be printed as a Senate document, pro- Wednesday on national television when to win the National Collegiate Athletic Asso- vided that Senators have until the

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6782 CONGRESSIONAL RECORD — SENATE June 16, 2005 close of business on June 30 to submit following the remarks of Senator SES- manely, because we have high ideals as such statements. SIONS. Americans. There are thousands of The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without prisoners and we have thousands of sol- objection, it is so ordered. objection, it is so ordered. diers involved in this area. That some- The Senator from Alabama. one would overstep their bounds is not f f something we would not expect. It hap- ORDERS FOR TUESDAY, JUNE 20, THE TREATMENT OF PRISONERS pens in American prisons every day. 2005 Prison guards are fined, they are re- AT GUANTANAMO Mr. FRIST. I ask unanimous consent moved, they are fired, they are pros- Mr. SESSIONS. Mr. President, I ecuted for abuse. We do not like to that when the Senate completes its heard a good deal of the remarks of the business today, it stand in adjourn- admit that, but it happens. We take distinguished Senator from Arizona, care of it in America. We do not allow ment until 2 p.m, on Monday, June 20. Mr. KYL, as he discussed the issues sur- I further ask that following the prayer this to continue. rounding the treatment of prisoners at The facts are these detainees at and pledge, the morning hour be Guantanamo and the actions of our Guantanamo are detainees who are deemed expired, the Journal of pro- military. I could not agree with him being held consistent with the general ceedings be approved to date, the time more. He is one of the Senate’s finest principles of the Geneva Conventions for the two leaders be reserved, and the lawyers. He is on the Judiciary Com- but are not covered by that conven- Senate then resume consideration of mittee, where we just had hearings, tion. As Senator KYL noted, they are H.R. 6, the Energy bill; provided fur- and has been involved in these issues not lawful combatants, they are unlaw- ther that at 5 p.m. on Monday the Sen- for some time. In fact, I serve with him ful combatants. They are people who ate proceed to executive session for the on the Judiciary Committee and am sneak into a country. They do not wear consideration of Calendar No. 103, John also a Member of the Armed Services a uniform. They are not part of any Bolton to be Ambassador to the United Committee. state army. Their goal is to kill inno- Nations; I further ask consent that the I would have to say to this body that cent civilians, men and women and time until 6 p.m. be equally divided be- our Congress has had a total of 29-plus children not involved in a war effort at tween the two leaders or their des- hearings involving the handling of pris- all. The purpose of the Geneva Conven- ignees and at 6 p.m. the motion to pro- oners since the war on terrorism began. tions is to help one army identify the ceed to the motion to reconsider the I think I have been at most of them. members of the other army and to en- failed cloture vote be agreed to, the Most of them have been before the courage those armies not to endanger motion to reconsider then be agreed to, Armed Services Committee and Judici- civilians, but to focus their attention and the Senate then proceed to a vote ary Committee. We have had a host of on their enemy and to deal with them. on cloture on the Bolton nomination. these hearings. We have had witnesses These prisoners are entirely different. The PRESIDING OFFICER (Mr. and complainants and issues brought They do not qualify for those conven- ALLEN). Without objection, it is so or- up to us time and time again. tions. But we provide them great pro- dered. Yesterday, at our hearing in Judici- tections, anyway. ary, I really reached a point where I f We have spent $109 million on the just felt I had to speak out. It was in prison there at Guantanamo. We are PROGRAM the morning before Senator DURBIN going to spend another $50 million Mr. FRIST. Mr. President, on Mon- made his remarks. But it was some- making it even better. I don’t see that day, the Senate will resume consider- thing I felt deeply, and it became more there is any basis to move those pris- ation of the Energy bill. We began the and more clear to me: that is, we in oners, to alter what we are doing there Energy bill earlier this week, and we this Senate are creating an impression and to create a new prison. How would do plan to continue working aggres- around the world that wholesale viola- that make us any safer if that were to sively on that bill with amendments tions of human rights are occurring in occur? also Monday afternoon and with the our prisons, and this is absolutely not Let me share this about the 500 or so hope that we will be able to debate true. prisoners who are there. In the course Members of our own Congress have amendments and set votes in relation of this war on terrorism, our country suggested and even stated that it is the to those amendments as needed. has apprehended 10,000 detainees, indi- policy of our country to abuse and vio- At 6 p.m. on Monday, as we just viduals who have been captured. Each late prisoners’ rights. This is com- agreed to, we will vote on a motion to one has been screened carefully. As a pletely misstating the true facts that invoke cloture on the Bolton nomina- result, some 750 have been identified are occurring. Anyone who visits the tion. for incarceration at Guantanamo, the Guantanamo prison—and I believe that worst of the worst. Since that time, we With respect to the Energy bill, as we some 60-odd Congressmen and Senators have continued to monitor them. Each have said again and again, next week have been there, including my own one of them has had a full review. As will be the final week for consider- visit to the temporary facility several that has occurred, another 200 have ation. It is vitally important we finally years ago—would find a new $150-mil- been released and we are down now to complete action on a national energy lion prison right on the top of the is- a little more than 500 at Guantanamo. policy, and we need to bring this bill to land overlooking the water. It is a I note of the 200 released, some 12 have a close soon. beautiful site where they built this already been rearrested as they go Having said that, as the Democratic prison. It is a shame really that a pris- about their efforts to kill Americans leader and I had a colloquy earlier on was built there, but it is part of the and American soldiers. They have been today and pointed out, it may be nec- military base where it is located. These rearrested, because they returned to essary to file cloture. If so, we will do prisoners are being given tremendous battle. This clearly suggest that of so, in all likelihood, on Tuesday night medical care. They are being treated those other 500 detainees remaining, to ensure that we finish next week. If for their diseases, for the parasites many of those are dedicated totally to that cloture motion is necessary, the with which many of them have become killing American citizens. They believe vote would not occur until Thursday. infested. They have been cared for ef- in what they are doing. They are sold Therefore, Members would have ample fectively. They have gained weight. on this effort. They are implacable in time to offer and consider their amend- They are provided food at a financial their goal and intentions and should ments prior to that vote. cost substantially exceeding that of not be confused with the normal pris- f other prisoners in America and soldiers oners of war where you have a soldier in the U.S. military. We have treated who was drafted into an army and they ORDER FOR ADJOURNMENT the Koran with respect and the highest go out and get captured and they duti- Mr. FRIST. Mr. President, if there is esteem and tried to handle these pris- fully stay in their prison until the war no further business to come before the oners in a way that is appropriate. is over. Senate, I ask the Senate stand in ad- I will say a couple of things. It is im- What do you do with prisoners of war journment under the previous order, portant we treat these prisoners hu- or these kind of prisoners? Prisoners of

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 16, 2005 CONGRESSIONAL RECORD — SENATE S6783 war are held until the war is over. You Congress. People are being held ac- attacking our embassies, our marines, do not turn them loose so they can countable. They are really being held our soldiers—our warships, the USS then re-engage in killing your soldiers. accountable. One general officer has Cole—around the globe. We had been in That is the crisis. been removed from command, received a constant state of combat with Sad- When will the war end? I am not a general officer memorandum of rep- dam Hussein truthfully since the gulf sure. So we have people say, they have rimand. Thirty-five soldiers have been war in 1991. Up until the actual com- to all be released. You cannot hold referred to trial by court-martial—35. mencement of these hostilities, we them because this war might go on for- Sixty-eight soldiers have received non- were flying missions to enforce the no- ever. judicial punishment, which is a career fly zone under the U.N. resolutions. He Might, might, might. We are talking ender. Twenty-two memoranda of rep- was firing missiles at our aircraft, and about now. It has not been going on rimand have been issued. Eighteen sol- we were dropping bombs on him. that long. Most have only been held 1, diers have been administratively sepa- This is a dangerous part of the globe. 2, 3 years. This is not the time to be rated from the Army. The Navy has That is why the Congress, when Presi- wholesale releasing these people. This had nine receive nonjudicial punish- dent Clinton was President, passed a battle is tough and hot right now. If ment. Fifteen marines have been con- resolution setting the policy of this you do not believe it, look at what is victed by court-martial. Seven received Government to effect a regime change happening in Iraq and how many are nonjudicial punishment, and four have in Iraq. killed by these attacks, surreptitious been reprimanded. So this is what it is all about. It is a sneak attacks by roadside bombs in We know in Abu Ghraib there was dangerous world out there. I want to that country. This war is not over. It is this uproar. This story had been broken call on my colleagues, with the great- ongoing. by the media, one Senator said yester- est sincerity, to be careful what we We are lucky and have been fortu- day at our hearing. But if you remem- say. Do not be telling the media, the nate that because we were aggressive, ber, it was the general who made the world, speaking out in ways that sug- we as a nation have not had another at- briefing every day to the news media gest it is a policy in the actions of our tack on our homeland since September who announced, days before the media military routinely to abuse prisoners. 11. But we know they would like to do had any report of these abuses in Abu If prisoners are unlawfully treated, the that. We know they are attacking Ghraib, he had reports of abuses in Abu guards are prosecuted. And the people places all over the globe. Ghraib prison and investigations were who did it are prosecuted. It is not our A number of Supreme Court decisions being commenced. And they com- policy to abuse prisoners. It does not has impacted how these prisoners are menced immediately. People were re- happen on a regular basis. We do not to be held. The Department of Defense moved from command immediately and tolerate it. We will not tolerate it. We created, therefore, as a result of the no more abuses took place in that pris- will comply with the law and treat peo- court rulings what is called the com- on from that date onward. ple appropriately. batant status review tribunal. Every We know since then, because we have But when Senators come in hearings prisoner in Guantanamo has been re- had hearings and newspaper articles and to this floor and make statements viewed by the combatant status review and investigative reports on TV, that in the news media—and when the news tribunal. Annually, each prisoner there these people who violated the rights of media writes reports, as was done goes before the ARB, which is an an- those prisoners were tried and con- about the Koran, saying it was flushed nual review board, sort of like a parole victed and are being sent to jail for down the toilet—they had to retract board. If they can justify letting these long periods of time. that story, bad things happen. After prisoners go on that annual review, Although none were seriously phys- the false Koran incident a riot occurred they let them go because the last thing ically injured, as I recall, they were hu- because people in the Middle East be- we need is to be housing a bunch of miliated and handled in a way unbe- lieved that was true. They believed prisoners that do not amount to a coming of an American soldier. Those what they read in our national news, threat to our people. soldiers have been disciplined severely that we were unfairly or disrespect- I will share this. I will not continue for their errors, and rightly so. I think fully treating the Koran. Whereas in too long tonight. I want to share a few it is something we should be proud of. Guantanamo, our guards use gloves. facts that are important. We are com- Do you remember the colonel whose They hold the Koran with both hands, mitted as a nation to high standards of soldiers were under attack? He needed in every way try to treat it in a re- duty in handling those we capture. information from an Iraqi, and to get spectful manner and make sure that Since this war has begun, there have it, he fired a gun near the Iraqi’s head. every prisoner there is provided a copy, been 10 major commissions and inves- He did not hurt him in any way. And if they desire. tigations empaneled to review allega- this terrorist gave information that So this is bad when we create a cli- tions of misconduct. We have had com- helped save soldiers’ lives. And they mate in this body that falsely charac- mission after commission, review after cashiered him out of the Army because terizes our people. Yes, we make mis- review and, as I said, 29 plus congres- he was not allowed to use that kind of takes. Yes, if we do, they need to be sional hearings. We have been alert to action. We had a marine officer—who fixed, and people ought to be punished. ensuring that prisoners are not abused after 9/11 gave up his stock brokerage And I have shown we are punishing in any systematic way and that those job to go and serve his country—be them. But it is wrong and irrespon- who violate the law are prosecuted for prosecuted, it now appears falsely, by a sible, and it places our soldiers whom it. lower ranking soldier who made com- we have sent in harm’s way at greater Let me carry on. There have been plaints against him, a soldier he had risk when we suggest to that entire re- 1,700 interviews as a part of these in- referred for disciplinary action. After gion of the world that we do not re- vestigations; 16,000 pages of documents full review, they dismissed all charges. spect the faith of Islamic peoples, that delivered to Congress. Detention oper- This record is clear. This Govern- we do not treat respectfully the pris- ation enhancements to improve our de- ment, our Nation, does not tolerate oners who we apprehend, and that we tention operations range from in- abuse. We have taken strong actions to are irresponsible, maybe even carrying creased oversight to expanded training see that it is not allowed and does not on activities that are so bad as to be of the guards to improved facilities and continue. But we have a duty to pro- compared with Hitler, Pol Pot, or the new doctrines. tect the people of our Nation. These de- Soviet Union. Those irresponsible com- When we have had a problem, we tainees, these terrorists, who are being ments can cost soldiers’ lives. We need have dealt with it, we have confronted held, these unlawful combatants to be careful about it. If someone has it, and we have improved the situation. present a risk to us. proof of an individual act that amounts Mr. President, 390-plus criminal in- Some say, well, somehow we have to a crime, let’s see them bring it for- vestigations of American soldiers and made this all happen by being aggres- ward. Let’s have an investigation. If Guards have been completed or are on- sive militarily. But I would remind my somebody deserves to be prosecuted, going. More than 40 staff briefings have colleagues that for almost 20 years al- let’s prosecute them. But if not, quit been given to the staff members of the Qaida, and groups like that, have been making these statements. I think we

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6784 CONGRESSIONAL RECORD — SENATE June 16, 2005 have had enough hearings. As far as I ADJOURNMENT UNTIL 2 P.M. OVERSEAS PRIVATE INVESTMENT CORPORATION am concerned, 29-plus is enough. MONDAY, JUNE 20, 2005 CHRISTOPHER J. HANLEY, OF MARYLAND, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE OVER- The military has demonstrated, with The PRESIDING OFFICER. Under SEAS PRIVATE INVESTMENT CORPORATION FOR A TERM all clarity, that they are prepared and the previous order, the Senate stands EXPIRING DECEMBER 17, 2006. willing to honestly and aggressively adjourned until 2 p.m. on Monday, DEPARTMENT OF STATE prosecute wrongdoers. They are also June 20, 2005. CRAIG ROBERTS STAPLETON, OF CONNECTICUT, TO BE Thereupon, the Senate, at 7:35 p.m., AMBASSADOR TO FRANCE. committed to protecting our citizens. EDUARDO AGUIRRE, JR., OF TEXAS, TO BE AMBAS- adjourned until Monday, June 20, 2005, They have given their lives, many of SADOR TO SPAIN, AND TO SERVE CONCURRENTLY AND at 2 p.m. WITHOUT ADDITIONAL COMPENSATION AS AMBASSADOR them, in that effort. They volunteered TO ANDORRA. f ROGER DWAYNE PIERCE, OF VIRGINIA, TO BE AMBAS- to serve in our military. They are the SADOR TO REPUBLIC OF CAPE VERDE. finest military this world has ever NOMINATIONS DONALD E. BOOTH, OF VIRGINIA, TO BE AMBASSADOR TO THE REPUBLIC OF LIBERIA. known. In the heat of combat they Executive nominations received by MOLLY HERING BORDONARO, OF OREGON, TO BE AM- the Senate June 16, 2005: BASSADOR TO THE REPUBLIC OF MALTA. have shown restraint. They have not JULIE FINLEY, OF THE DISTRICT OF COLUMBIA, TO BE used heavy weapons, and they have DEPARTMENT OF DEFENSE U.S. REPRESENTATIVE TO THE ORGANIZATION FOR SE- CURITY AND COOPERATION IN EUROPE, WITH THE RANK JOHN G. GRIMES, OF VIRGINIA, TO BE AN ASSISTANT held back in order to be sure innocent OF AMBASSADOR. SECRETARY OF DEFENSE, VICE JOHN P. STENBIT. civilians are not injured. They do ev- RICHARD J. GRIFFIN, OF VIRGINIA, TO BE DIRECTOR OF DEPARTMENT OF JUSTICE THE OFFICE OF FOREIGN MISSIONS, AND TO HAVE THE erything they can on a daily basis to RANK OF AMBASSADOR DURING HIS TENURE OF SERV- reach out to the people of Iraq and Af- WAN J. KIM, OF MARYLAND, TO BE AN ASSISTANT AT- ICE. TORNEY GENERAL,VICE RENE ACOSTA, RESIGNED. ROBERT JOHANN DIETER, OF COLORADO, TO BE AMBAS- ghanistan, to appeal to their hearts NATIONAL OCEANIC AND ATMOSPHERIC SADOR TO BELIZE. ZALMAY KHALILZAD, OF MARYLAND, TO BE AMBAS- ADMINISTRATION and minds, to encourage them on the SADOR TO IRAQ. road to building a new and better life NOMINATED, SUBJECT TO QUALIFICATIONS PROVIDED RODOLPHE M. VALLEE, OF VERMONT, TO BE AMBAS- BY LAW, THE FOLLOWING FOR PERMANENT APPOINT- SADOR TO THE SLOVAK REPUBLIC. for themselves and their families. They MENT TO THE GRADES INDICATED IN THE NATIONAL PAMELA E. BRIDGEWATER, OF VIRGINIA, TO BE AMBAS- do the things that Americans have no OCEANIC AND ATMOSPHERIC ADMINISTRATION: SADOR TO THE REPUBLIC OF GHANA. ANN LOUISE WAGNER, OF MISSOURI, TO BE AMBAS- idea of on a daily basis to try to reach To be commander SADOR TO LUXEMBOURG. out and reconcile and improve our rela- PAUL L SCHATTGEN TERENCE PATRICK MCCULLEY, OF OREGON, TO BE AM- HARRIS B HALVERSON II BASSADOR TO THE REPUBLIC OF MALI. tionship with the people in that area of BARRY K CHOY RICHARD J. GRIFFIN, OF VIRGINIA, TO BE AN ASSIST- the globe. MICHAEL D FRANCISCO ANT SECRETARY OF STATE (DIPLOMATIC SECURITY). MARK P MORAN THE ABOVE NOMINATION WAS APPROVED SUBJECT TO DOUGLAS D BAIRD, JR THE NOMINEE’S COMMITMENT TO RESPOND TO RE- It is positively damaging to that ef- DANIEL S MORRIS, JR QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY fort when Members of Congress make DAVID A SCORE CONSTITUTED COMMITTEE OF THE SENATE. the kinds of statements that have been STEPHEN F BECKWITH FOREIGN SERVICE To be lieutenant commander made, when news media outlets, great FOREIGN SERVICE NOMINATIONS BEGINNING WITH JAMES A ILLG DONALD B. CLARK AND ENDING WITH MICHAEL T. FRITZ, organs of information, make mistakes, ALEXANDRA R VON SAUNDER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE twist, exaggerate, misrepresent things ROBERT A KAMPHAUS AND APPEARED IN THE CONGRESSIONAL RECORD ON RICHARD T BRENNAN JANUARY 24, 2005. that have occurred. It is not right. We ADAM D DUNBAR FOREIGN SERVICE NOMINATIONS BEGINNING WITH need to show more responsibility. We PETER C FISCHEL CHRISTINE ELDER AND ENDING WITH SAMANTHA CARL JEREMY M ADAMS YODER, WHICH NOMINATIONS WERE RECEIVED BY THE need to show more discipline. It is not DAVID J DEMERS SENATE AND APPEARED IN THE CONGRESSIONAL MICHAEL J SILAH RECORD ON APRIL 4, 2005. justified. No matter how strongly one SCOTT M SIROIS FOREIGN SERVICE NOMINATIONS BEGINNING WITH feels politically and wants to try to DEVIN R BRAKOB TODD B. AVERY AND ENDING WITH JOHN P. YORRO, SARAH L SCHERER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE blame the President for all these DAVID J ZEZULA AND APPEARED IN THE CONGRESSIONAL RECORD ON things, it is not just being heard in this IN THE AIR FORCE APRIL 4, 2005. FOREIGN SERVICE NOMINATIONS BEGINNING WITH MI- body, it is not just the American peo- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHAEL HUTCHINSON AND ENDING WITH MARIE ZULUETA, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ple who are hearing criticisms of the CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND APPEARED IN THE CONGRESSIONAL RECORD ON President. These comments are being AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION APRIL 4, 2005. heard throughout the globe. It is not 601: FOREIGN SERVICE NOMINATIONS BEGINNING WITH To be lieutenant general CHARLES W. HOWELL AND ENDING WITH HECTOR U. helpful to our efforts to build a better ZUCCOLOTTO, WHICH NOMINATIONS WERE RECEIVED BY MAJ. GEN. MICHAEL W. PETERSON, 0000 THE SENATE AND APPEARED IN THE CONGRESSIONAL and more peaceful world. RECORD ON MAY 9, 2005. f I thank the Chair for the opportunity f to say these words, late at night CONFIRMATIONS Executive nominations confirmed by though it is. I believe we are at a point WITHDRAWAL where our Congress needs to improve the Senate Thursday, June 16, 2005: its behavior. We need to show more re- EXECUTIVE OFFICE OF THE PRESIDENT Executive message transmitted by straint. If we do so, this will allow our JORGE A. PLASENCIA, OF FLORIDA, TO BE A MEMBER the President to the Senate on June 16, soldiers to have a better chance to suc- OF THE ADVISORY BOARD FOR CUBA BROADCASTING 2005, withdrawing from further Senate FOR A TERM EXPIRING OCTOBER 27, 2006. consideration the following nomina- ceed at the difficult mission they have UNITED STATES ADVISORY COMMISSION ON tion: and the one they are working at so PUBLIC DIPLOMACY THOMAS V. SKINNER, OF ILLINOIS, TO BE AN ASSIST- ably and so courageously. JAY T. SNYDER, OF NEW YORK, TO BE A MEMBER OF ANT ADMINISTRATOR OF THE ENVIRONMENTAL PROTEC- THE UNITED STATES ADVISORY COMMISSION ON PUBLIC TION AGENCY, WHICH WAS SENT TO THE SENATE ON JAN- I yield the floor. DIPLOMACY FOR A TERM EXPIRING JULY 1, 2007. UARY 24, 2005.

VerDate Mar 15 2010 20:46 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 9801 E:\2005SENATE\S16JN5.REC S16JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY Thursday, June 16, 2005 Daily Digest

Highlights House Committees ordered reported 14 miscellaneous measures, includ- ing the following appropriations for Fiscal Year 2006: Legislative Branch; and the Department of Labor, Health and Human Services, Education, and Related Agencies. The House passed H.R. 2862, Science, Justice, State, and Commerce, and Related Agencies Appropriations Act for FY 2006. Senate and Nobel Peace Prize Laureate Aung San Suu Kyi Chamber Action as a symbol of the struggle for freedom in Burma. Routine Proceedings, pages S6669–S6784 Pages S6768, S6780 Measures Introduced: Fourteen bills and four reso- Commending University of Michigan Softball lutions were introduced, as follows: S. 1254–1267, Team: Senate agreed to S. Res. 175, commending and S. Res. 172–175. Pages S6740–41 the University of Michigan softball team for winning Measures Reported: the National Collegiate Athletic Association Division H.R. 2360, making appropriations for the Depart- I Championship on June 8, 2005. ment of Homeland Security for the fiscal year ending Pages S6768, S6780–81 September 30, 2006, with an amendment in the na- Energy Policy Act: Senate continued consideration ture of a substitute. (S. Rept. No. 109–83) of H.R. 6, to ensure jobs for our future with secure, H.R. 2419, making appropriations for energy and affordable, and reliable energy, taking action on the water development for the fiscal year ending Sep- following amendments proposed thereto: tember 30, 2006, with an amendment in the nature Pages S6671–S6711 of a substitute. (S. Rept. No. 109–84) Adopted: S. 1266, to permanently authorize certain provi- By 52 yeas to 48 nays (Vote No. 141), Bingaman sions of the Uniting and Strengthening America by Amendment No. 791, to establish a renewable port- Providing Appropriate Tools Required to Intercept folio standard. Pages S6673–90, S6692–93, S6700–02 and Obstruct Terrorism (USA PATRIOT) Act of Domenici/Bingaman Amendment No. 794, to 2001, to reauthorize a provision of the Intelligence make certain improvements to the bill relative to the Reform and Terrorism Prevention Act of 2004, to institution of higher education, high performance clarify certain definitions in the Foreign Intelligence building standards, and to provide for a study of Surveillance Act of 1978, to provide additional in- overall employment in a hydrogen economy. vestigative tools necessary to protect the national se- Pages S6690–91, S6693–S6700, S6702–11 curity. (S. Rept. No. 109–85) Rejected: S. 491, to amend the Omnibus Crime Control and By 47 yeas to 53 nays (Vote No. 140), Cantwell Safe Streets Act of 1968 to expand the definition of Modified Amendment No. 784, to improve the en- firefighter to include apprentices and trainees, re- ergy security of the United States and reduce United gardless of age or duty limitations. States dependence on foreign oil imports by 40 per- S. 852, to create a fair and efficient system to re- cent by 2025. Pages S6691–92 solve claims of victims for bodily injury caused by A unanimous-consent agreement was reached pro- asbestos exposure, with amendments. Page S6740 viding for further consideration of the bill at 2 p.m., Measures Passed: on Monday, June 20, 2005. Page S6782 Recognizing Aung San Suu Kyi: Senate agreed to Nomination—Agreement: A unanimous-consent- S. Res. 174, recognizing Burmese democracy activist time agreement was reached providing for further D618

VerDate Aug 04 2004 07:53 Jun 17, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JN5.REC D16JN5 June 16, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D619 consideration of the nomination of John Robert Zalmay Khalilzad, of Maryland, to be Ambassador Bolton, of Maryland, to be U.S. Representative to to Iraq. the United Nations, with the rank and status of Rodolphe M. Vallee, of Vermont, to be Ambas- Ambassador, and the U.S. Representative in the Se- sador to the Slovak Republic. curity Council of the United Nations, at 5 p.m., on Pamela E. Bridgewater, of Virginia, to be Ambas- Monday, June 20, 2005; that the time until 6 p.m. sador to the Republic of Ghana. be equally divided between the Majority Leader and Ann Louise Wagner, of Missouri, to be Ambas- Democratic Leader, or their designees; and that at 6 sador to Luxembourg. p.m. the motion to proceed to the motion to recon- Terence Patrick McCulley, of Oregon, to be Am- sider the failed cloture vote be agreed to; the motion bassador to the Republic of Mali. to reconsider be agreed to; and the Senate then vote Routine lists in the Foreign Service. Page S6784 on the motion to invoke cloture on the nomination. Page S6782 Nominations Received: Senate received the fol- lowing nominations: Former Senator Exon Tributes—Agreement: A John G. Grimes, of Virginia, to be an Assistant unanimous-consent agreement was reached providing Secretary of Defense. that the tribute statements regarding former Senator Wan J. Kim, of Maryland, to be an Assistant At- Exon be printed as a Senate document provided that torney General. Senators have until the close of business on June 30th, 2005 to submit such statements. 1 Air Force nomination in the rank of general. Pages S6781–82 A routine list in the National Oceanic and At- mospheric Administration. Page S6784 Nominations Confirmed: Senate confirmed the fol- lowing nominations: Nominations Withdrawn: Senate received notifica- Jorge A. Plasencia, of Florida, to be a Member of tion of withdrawal of the following nomination: the Advisory Board for Cuba Broadcasting for a term Thomas V. Skinner, of Illinois, to be an Assistant expiring October 27, 2006. Administrator of the Environmental Protection Jay T. Snyder, of New York, to be a Member of Agency, which was sent to the Senate on January 24, the United States Advisory Commission on Public 2005. Page S6784 Diplomacy for a term expiring July 1, 2007. Messages From the House: Page S6732 Christopher J. Hanley, of Maryland, to be a Mem- Measures Referred: Page S6732 ber of the Board of Directors of the Overseas Private Investment Corporation for a term expiring Decem- Petitions and Memorials: Pages S6732–40 ber 17, 2006. Executive Reports of Committees: Page S6740 Craig Roberts Stapleton, of Connecticut, to be Additional Cosponsors: Pages S6741–42 Ambassador to France. Eduardo Aguirre, Jr., of Texas, to be Ambassador Statements on Introduced Bills/Resolutions: to Spain, and to serve concurrently and without ad- Pages S6742–68 ditional compensation as Ambassador to Andorra. Additional Statements: Pages S6727–32 Roger Dwayne Pierce, of Virginia, to be Ambas- Amendments Submitted: Pages S6768–77 sador to Republic of Cape Verde. Donald E. Booth, of Virginia, to be Ambassador Authority for Committees to Meet: Pages S6777–78 to the Republic of Liberia. Privilege of the Floor: Page S6778 Molly Hering Bordonaro, of Oregon, to be Am- Record Votes: Two record votes were taken today. bassador to the Republic of Malta. (Total—141) Pages S6700, S6700–01 Julie Finley, of the District of Columbia, to be U.S. Representative to the Organization for Security Adjournment: Senate convened at 9:30 a.m., and and Cooperation in Europe, with the rank of Ambas- adjourned at 7:35 p.m. until 2 p.m., on Monday, sador. June 20, 2005. (For Senate’s program, see the re- Richard J. Griffin, of Virginia, to be an Assistant marks of the Acting Majority Leader in today’s Secretary of State (Diplomatic Security). Record on page S6782.) Richard J. Griffin, of Virginia, to be Director of the Office of Foreign Missions, and to have the rank of Ambassador during his tenure of service. Robert Johann Dieter, of Colorado, to be Ambas- sador to Belize.

VerDate Aug 04 2004 07:53 Jun 17, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JN5.REC D16JN5 D620 CONGRESSIONAL RECORD — DAILY DIGEST June 16, 2005

be Director of the National Institute of Standards Committee Meetings and Technology, Department of Commerce, who was (Committees not listed did not meet) introduced by Senator Allen, and Israel Hernandez, of Texas, to be Assistant Secretary of Commerce and APPROPRIATIONS: HOMELAND SECURITY/ Director General of the United States and Foreign ENERGY AND WATER DEVELOPMENT Commercial Service, who was introduced by Senator Committee on Appropriations: Committee ordered favor- Hutchison, Ashok G. Kaveeshwar, of Maryland, to ably reported the following bills: be Administrator of the Research and Innovative H.R. 2360, making appropriations for the Depart- Technology Administration, Department of Trans- ment of Homeland Security for the fiscal year ending portation, and Edmund S. Hawley, of California, to September 30, 2006, with an amendment in the na- be Assistant Secretary of Homeland Security for ture of a substitute; and Transportation Security Administration, after the H.R. 2419, making appropriations for energy and nominees testified and answered questions in their water development for the fiscal year ending Sep- own behalf. tember 30, 2006, with an amendment in the nature of a substitute. BUSINESS MEETING MEETING THE HOUSING AND SERVICE Committee on Finance: Committee ordered favorably NEEDS OF SENIORS ACT reported an original bill entitled, Energy Policy Tax Committee on Banking, Housing, and Urban Affairs: Incentives Act of 2005. Committee concluded a hearing to examine S. 705, to establish the Interagency Council on Meeting the U.S. STABILIZATION AND Housing and Service Needs of Seniors, after receiving RECONSTRUCTION testimony from Alphonso R. Jackson, Secretary of Housing and Urban Development; David G. Wood, Committee on Foreign Relations: Committee concluded Director, Financial Markets and Community Invest- a hearing to examine United States stabilization and ment, Government Accountability Office; Nelda reconstruction efforts to prevent or prepare for cer- Barnett, AARP, and William T. Smith, American tain post-conflict situations, after receiving testi- Association of Homes and Services for the Aging, mony from Carlos Pascual, Coordinator for Recon- both of Washington, D.C.; Dana Jo Olson, Volun- struction and Stabilization, Department of State; teers of America, Colorado Springs, Colorado; Ste- Ryan Henry, Principal Deputy Under Secretary for phen Proctor, Presbyterian Homes, Inc., Camp Hill, Policy, and Lieutenant General Walter Sharp, Direc- Pennsylvania, on behalf of the Pennsylvania Non tor, Strategic Plans and Policy, Joint Staff, both of Profit Housing Association; Terry Allton, National the Department of Defense; and James R. Kunder, Church Residences, Columbus, Ohio; and Steve Assistant Administrator for Asia and the Near East, Protulis, Elderly Housing Development and Oper- United States Agency for International Development. ations Corporation, Fort Lauderdale, Florida. IDENTITY THEFT FINANCIAL MANAGEMENT Committee on Commerce, Science, and Transportation: Committee on Homeland Security and Governmental Af- Committee concluded a hearing to examine Federal fairs: Permanent Subcommittee on Investigations legislative solutions to data breaches and identity held a hearing to examine tax delinquency problems theft, focusing on ensuring the safety and security of with Federal contractors, focusing on civilian agency consumers’ personal information, after receiving tes- contractors involved in abusive and potentially timony from Senators Feinstein and Schumer; Rep- criminal activity related to the Federal tax system, resentative Hooley; Deborah Platt Majoras, Chair- receiving testimony from Gregory D. Kutz, Man- man, Orson Swindle, Thomas B. Leary, Pamela Jones aging Director, Forensic Audits and Special Inves- Harbour, and Jon Leibowitz, all Commissioners, all tigations, Steven J. Sebastian, Director, Financial of the Federal Trade Commission; and Vermont At- Management and Assurance, and John J. Ryan, As- torney General William H. Sorrell, Montpelier, on sistant Director, Forensic Audits and Special Inves- behalf of the National Association of Attorneys Gen- tigations, all of the Government Accountability Of- eral. fice; and Mark W. Everson, Commissioner, Internal NOMINATIONS Revenue Service, and Richard L. Gregg, Commis- Committee on Commerce, Science, and Transportation: sioner, Financial Management Service, both of the Committee concluded a hearing to examine the Department of the Treasury. nominations of William Alan Jeffrey, of Virginia, to Hearing recessed subject to call.

VerDate Aug 04 2004 07:53 Jun 17, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JN5.REC D16JN5 June 16, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D621

INDIAN EDUCATION BUSINESS MEETING Committee on Indian Affairs: Committee held an over- Committee on the Judiciary: Committee ordered favor- sight hearing to examine Indian education issues, fo- ably reported the following business items: cusing on Bureau of Indian Affairs education pro- S. 491, to amend the Omnibus Crime Control and grams, program performance and professional devel- Safe Streets Act of 1968 to expand the definition of opment, teacher recruitment efforts, fiscal and finan- firefighter to include apprentices and trainees, re- cial management, and safe and secure schools, receiv- gardless of age or duty limitations, and ing testimony from James E. Cason, Associate Dep- The nominations of Terrence W. Boyle, of North uty Secretary, Ed Parisian, Acting Director, Office of Carolina, to be United States Circuit Judge for the Indian Education Programs, and Dominic Lowery, Fourth Circuit, and Rachel Brand, of Iowa, to be As- Acting Chair, National Fund for Excellence in sistant Attorney General for the Office of Legal Pol- American Indian Education, all of the Department of icy, and Alice S. Fisher, of Virginia, to be Assistant the Interior; Victoria Vasques, Assistant Deputy Sec- Attorney General for the Criminal Division, both of retary of Education and Director, Office of Indian the Department of Justice. Education; David Beaulieu, National Indian Edu- cation Association, Washington, D.C.; Joe McDon- NOMINATION ald, Salish Kootenai College, Pablo, Montana, on be- Select Committee on Intelligence: Committee concluded a half of the American Indian Higher Education Con- hearing to examine the nomination of Janice B. sortium; Roger Bordeaux, Tiospa Zina Tribal School, Gardner, of Virginia, to be Assistant Secretary of the Sisseton, South Dakota, on behalf of the Association Treasury for Intelligence and Analysis, after the of Community Tribal Schools, Inc. nominee testified and answered questions in her own Hearing recessed subject to the call. behalf. h House of Representatives Department of Defense Appropriations Act for Chamber Action FY 2006—Rule for Consideration: H. Res. 315, Measures Introduced: 27 public bills, H.R. the rule providing for consideration of H.R. 2863, 2930–2956; and 7 resolutions, H.J. Res. 55; H. making appropriations for the Department of De- Con. Res. 179–180; and H. Res. 324–327 were in- fense for the fiscal year ending September 30, 2006, troduced. Pages H4654–55 was agreed to by voice vote, after agreeing to order Additional Cosponsors: Pages H4655–56 the previous question by a yea-and-nay vote of 223 Reports Filed: Reports were filed today as follows: yeas to 220 nays, Roll No. 269. H.R. 394, to direct the Secretary of the Interior Pages H4567–80, H4607 to conduct a boundary study to evaluate the signifi- Science, State, Justice, and Commerce, and Re- cance of the Colonel James Barrett Farm in the lated Agencies Appropriations Act for FY 2006: Commonwealth of Massachusetts and the suitability The House passed H.R. 2862, making appropria- and feasibility of its inclusion in the National Park tions for Science, the Departments of State, Justice, System as part of the Minute Man National Histor- and Commerce, and related agencies for the fiscal ical Park, amended (H. Rept. 109–135); year ending September 30, 2006, by a yea-and-nay H.R. 2123, to reauthorize the Head Start Act to vote of 418 yeas to 7 nays, Roll No. 268. The bill improve the school readiness of disadvantaged chil- was also considered on June 14 and June 15. dren, amended (H. Rept. 109–136); Pages H4580–H4606 H.R. 1412, to amend the Ports and Waterways Agreed on June 14, to limit further amendments Safety Act to require notification of the Coast Guard made in order for debate and the time limit for de- regarding obstructions to navigation, amended (H. bate on such amendments. Rept. 109–137); and Agreed to: H.R. 280, to facilitate the provision of assistance Markey amendment that prohibits the use of by the Department of Housing and Urban Develop- funds in contravention of laws enacted or regulations ment for the cleanup and economic redevelopment of promulgated to implement the UN Contravention brownfields (H. Rept. 109–138). Page H4654

VerDate Aug 04 2004 07:53 Jun 17, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JN5.REC D16JN5 D622 CONGRESSIONAL RECORD — DAILY DIGEST June 16, 2005 Against Torture and Other Cruel, Inhuman or De- Maloney amendment (no. 6 printed in the Con- grading Treatment or Punishment (by a recorded gressional Record of June 13) that sought to pro- vote of 415 ayes to 8 noes and 1 voting ‘‘present’’, hibit the use of funds to enforce any provision of law Roll No. 261); and Pages H4582–84, H4601 that prohibits or restricts funding for the United King of Iowa amendment (no. 28 printed in the Nations Population Fund (by a recorded vote of 192 Congressional Record of June 14) that provides ayes to 233 noes, Roll No. 266). funding for enforcement of the Illegal Immigration Pages H4593–99, H4604–05 Reform and Immigrant Responsibility Act of 1996 Withdrawn: (debated yesterday, June 15 and agreed to by voice Cleaver amendment (no. 2 printed in the Congres- vote, a separate vote was requested today and the sional Record of June 13) that was offered and sub- amendment was agreed to by a recorded vote of 218 sequently withdrawn that sought to prohibit the use ayes to 208 noes, Roll No. 267). Pages H4605–06 of funds to process or approve a competition under Rejected: OMB regulations for services provided by the Na- Paul amendment (no. 11 printed in the Congres- tional Logistics Support Center of the NOAA in Kansas City, Missouri. Pages H4586–87 sional Record of June 13) that sought to prohibit H. Res. 314, the rule providing for consideration the use of funds to pay any U.S. contribution to the of the bill was agreed to on June 14. U.N. or any affiliated agency of the U.N. (by a re- corded vote of 65 ayes to 357 noes, Roll No. 259); Henry J. Hyde United Nations Reform Act of Pages H4580–81, H4599–H4600 2005: The House began consideration of H.R. 2745, Hefley amendment (no. 4 printed in the Congres- to reform the United Nations. Further consideration sional Record of June 13) that sought to reduce will resume tomorrow, June 17. overall funding in the bill by 1% (by a recorded Pages H4607–15, H4615–43 vote of 91 ayes to 336 noes, Roll No. 260); Agreed to: Pages H4581–82, H4600–01 Garrett of New Jersey amendment (no. 2 printed Tancredo amendment (no. 19 printed in the Con- in subpart A of part 1 of H. Rept. 109–132) that requires the Comptroller General to submit a report gressional Record of June 13) that sought to pro- to Congress describing the costs associated with the hibit the use of funds for the State Criminal Alien contracting for and construction of the Geneva, Swit- Assistance Program in contravention of the Illegal zerland, buildings of the World Meteorological Or- Immigration Reform and Immigrant Responsibility ganization and the World Intellectual Property Or- Act of 1996 (by a recorded vote of 204 ayes to 222 ganization; Pages H4630–32 noes, Roll No. 262); Pages H4584–86, H4601–02 Cannon amendment (no. 3 printed in subpart A Tancredo amendment (no. 18 printed in the Con- of part 1 of H. Rept. 109–132) that adds whether gressional Record of June 13) that sought to pro- the U.N. or any of its specialized agencies have con- hibit the use of funds to include in any bilateral or tracted with parties on the U.S. Government’s Ex- multilateral trade agreement any provision that cluded Parties List to the report to Congress on the would increase any limitation on the number of state of the U.N. reforms since 1990; Page H4632 aliens authorized to enter the U.S. as a non- McCotter amendment (no. 4 printed in subpart A immigrant, or as an alien lawfully admitted for per- of part 1 of H. Rept. 109–132) that provides that manent residence, or to adjust such status (by a re- no employee of the U.N. shall be compensated while corded vote of 106 ayes to 322 noes, Roll No. 263); participating in a domestic election except for voting Pages H4587–89, H4602–03 and acting on behalf of the U.N. in an authorized Jackson-Lee amendment that sought to prohibit U.N. mission; makes other provisions regarding em- funding under Office of Justice Programs—Justice ployees convicted of crimes involving financial mis- Assistance, for a State Authorizing Agent that has feasance, malfeasance, fraud or perjury; and provides not shared its improvements of criminal justice that any employee who has contact regarding the in- records with the Attorney General (by a recorded ternal ongoing operations of the U.N. with any per- vote of 183 ayes to 244 noes, Roll No. 264); son not employed by the U.N. shall prepare a Pages H4589–91, H4603 memorandum of such contact; Pages H4632–33 Moran of Virginia amendment that sought to pro- Boozman amendment (no. 1 printed in subpart B hibit the use of funds to pay administrative expenses of part 1 of H. Rept. 109–132) that adds the lifting or compensate an officer or employee of the U.S. in of restrictions on the secondment of military per- connection with licensing the export of any sonnel to serve at the Department of Peacekeeping centerfire .50 caliber rifle to any nongovernmental Operations headquarters in New York to the list of entity (by a recorded vote of 149 ayes to 278 noes, reforms which the U.S. should pursue; Roll No. 265); and Pages H4592–93, H4603–04 Pages H4634–36

VerDate Aug 04 2004 07:53 Jun 17, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JN5.REC D16JN5 June 16, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D623 Kline amendment (no. 2 printed in subpart B of Senate Referrals: S. 1140 was referred to the Com- part 1 of H. Rept. 109–132) that requires that noth- mittee on Transportation and Infrastructure. ing in the title regarding peacekeeping operations Page H4563 shall be construed as superseding the Uniform Code Quorum Calls—Votes: Two yea-and-nay votes and of Military Justice or operating to affect the sur- thirteen recorded votes developed during the pro- render of U.S. officials to a foreign country or inter- ceedings of today and appear on pages H4600, national tribune; Pages H4636–38 H4600–01, H4601, H4602, H4602–03, H4603, Smith of New Jersey amendment (no. 2 printed in H4604, H4604–05, H4605–06, H4606, H4607, subpart C of part 1 of H. Rept. 109–132) that calls H4642, H4642–43, H4643, H4649–50. There were for the International Atomic Energy Agency to re- no quorum calls. scind the Small Quantities Protocol; Pages H4639–40 Adjournment: The House met at 10 a.m. and ad- Markey amendment (no. 3 printed in subpart C of journed at 10:43 p.m. part 1 of H. Rept. 109–132) that calls for the Presi- dent to direct the U.S. Permanent Representative to the IAEA to call for penalties to any State Member Committee Meetings that violates or withdraws for the Nonproliferation REVIEW FOOD AID PROGRAMS Treaty by requiring them to return any nuclear ma- Committee on Agriculture: Subcommittee on Specialty terials or technology acquired for peaceful purposes; Crops and Foreign Agriculture Programs held a Pages H4640–41 hearing to Review Food Aid Programs. Testimony King of New York amendment (no. 1 printed in was heard from Kirk Miller, General Sales Manager subpart A of part 1 of H. Rept. 109–132) that in- Foreign Agriculture Service, USDA; William structs the President to direct the U.S. Permanent Garvelink, Acting Assistant Administrator, Bureau Representative to the U.N. to use the voice, vote, for Democracy, Conflict, Humanitarian Affairs, U.S. and influence of the U.S. to ensure the Secretary Agency for International Development, Department General exercises the right and duty to waive immu- of State; and public witnesses. nity of any U.N. official who is under investigation LEGISLATIVE BRANCH AND DEPARTMENT for or is charged with committing a serious criminal OF LABOR, HHS, EDUCATION, AND offense (by a recorded vote of 405 ayes to 13 noes RELATED AGENCIES APPROPRIATIONS and 1 voting ‘‘present’’, Roll No. 270); FISCAL YEAR 2006 Pages H4630, H4641–42 Committee on Appropriations: Ordered reported the fol- Poe amendment (no. 5 printed in subpart A of lowing appropriations for Fiscal Year 2006: Legisla- part 1 of H. Rept. 109–132) that requires the OMB tive Branch; and the Department of Labor, Health to submit a report to the House International Rela- and Human Services, Education, and Related Agen- tions Committee on the U.S. contributions to the cies. U.N. (by a recorded vote of 402 ayes to 14 noes, Roll No. 271); and Pages H4633–34, H4642–43 FOREIGN OPERATIONS, EXPORT Cantor amendment (no. 1 printed in subpart C of FINANCING, AND RELATED PROGRAMS part 1 of H. Rept. 109–132) that directs the U.S. APPROPRIATIONS FISCAL YEAR 2006 Permanent Representative to IAEA to ensure that Committee on Appropriations: Subcommittee on Foreign the IAEA Board of Governors adopts a resolution Operations, Export Financing, and Related Programs making Iran ineligible to receive any nuclear mate- approved for full Committee action the Foreign Op- rial, technology, equipment, or assistance from any erations, Export Financing, and Related Programs IAEA Members State until Iran is in full compliance appropriations for Fiscal Year 2006. with the IAEA (by a recorded vote of 411 ayes to HIGHER EDUCATION MEASURES 9 noes, Roll No. 272). Pages H4638–39, H4643 Committee on Education and the Workforce: Sub- H. Res. 319, the rule providing for the consider- committee on Select Education approved for full ation of the bill was agreed to by voice vote. Page H Committee action, as amended, the following bills: Privileged Resolution: The House agreed to table H.R. 509, International Studies in Higher Education H. Res. 324, relating to a question of the privileges Act of 2005; and H.R. 510, Graduate Opportunities of the House by a recorded vote of 222 ayes to 191 in Higher Education Act of 2005. noes, Roll No. 273. Pages H4644–50 SMART INSURANCE REFORM Senate Message: Message received from the Senate Committee on Financial Services: Subcommittee on Cap- today appears on page H4563. ital Markets, Insurance, and Government Sponsored

VerDate Aug 04 2004 07:53 Jun 17, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JN5.REC D16JN5 D624 CONGRESSIONAL RECORD — DAILY DIGEST June 16, 2005

Enterprises held a hearing entitled ‘‘SMART Insur- town, Pennsylvania, as the ‘‘Mayor Joseph S. ance Reform.’’ Testimony was heard from J. Michael Daddona Memorial Post Office;’’ and H.R. 2630, To Pickens, former Commissioner, Department of Insur- redesignate the facility of the United States Postal ance, State of Arkansas; Gregory V. Serio, former Su- Service located at 1927 Sangamon Avenue in Spring- perintendent, Department of Insurance, State of New field, Illinois, as the ‘‘J.M. Dietrich Northeast York; Lee Covington, former Director, Department Annex.’’ of Insurance, State of Ohio; Nathaniel S. Shapo, The Committee also approved a Report on The former Director, Department of Insurance, State of National Drug Control Strategy for 2005 and the Illinois; and public witnesses. National Drug Control Budget for Fiscal Year 2006. U.S.–EU ECONOMIC RELATIONSHIP REGISTERED TRAVELER IMPLEMENTATION Committee on Financial Services: Subcommittee on Do- Committee on Homeland Security: Subcommittee on mestic and International Monetary Policy, Trade, Economic Security, Infrastructure Protection, and and Technology held a hearing entitled ‘‘The Cybersecurity continued hearings entitled ‘‘The US–EU Economic Relationship: What Comes Promise of Registered Traveler, Part II.’’ Testimony Next?’’ Testimony was heard from public witnesses. was heard from Thomas Blank, Acting Deputy Di- MISCELLANEOUS MEASURES rector, Transportation Security Administration, De- Committee on Government Reform: Ordered reported the partment of Homeland Security. following measures: H.R. 2829, amended, Office of BORDER SURVEILLANCE MISMANAGEMENT National Drug Control Policy Reauthorization Act Committee on Homeland Security: Subcommittee on of 2005; H.R. 994, To amend the Internal Revenue Management, Integration, and Oversight held a Code of 1986 to allow Federal civilian and military hearing entitled ‘‘Mismanagement of the Border Sur- retirees to pay health insurance premiums on a veillance System and Lessons for the New America’s pretax basis and to allow a deduction for TRICARE Shield Initiative.’’ Testimony was heard from Joel S. supplemental premiums; H.R. 1283, amended, To Gallay, Deputy Inspector General, GSA; and public provide that transit pass transportation fringe bene- witnesses. fits be made available to all qualified Federal em- ployees in the National Capital Region; to allow pas- WILDLANDS PROJECT—IMPACTS OF senger carriers which are owned or leased by the ENVIRONMENTAL REGULATIONS ON Government to be used to transport Government ENERGY AND MINERAL REGULATIONS employees between their place of employment and Committee on Resources: Subcommittee on Energy and mass transit facilities; H.R. 1765, Generating Op- Mineral Resources held an oversight hearing entitled portunity by Forgiving Educational Debt for Service ‘‘Impacts of Environmental Regulations on Energy Act of 2005; H.R. 2385, amended, To make perma- and Mineral Development: The Wildlands Project.’’ nent the authority of the Secretary of Commerce to Testimony was heard from public witnesses. conduct the quarterly financial report program; H. Con. Res. 71, Expressing the sense of Congress that NUCLEAR FUEL REPROCESSING there should be established a Caribbean-American Committee on Science: Subcommittee on Energy held a Heritage Month; H. Con. Res. 160, Recognizing the hearing on Nuclear Fuel Reprocessing. Testimony historical significance of Juneteenth Independence was heard from R. Shane Johnson, Acting Director, Day, and expressing the sense of Congress that his- Office of Nuclear Energy, Science and Technology, tory should be regarded as a means for under- Department of Energy; Phillip J. Finck, Deputy As- standing the past and solving the challenges of the sociate Laboratory Director, Applied Science, Tech- future; H.R. 2113, To designate the facility of the nology, and National Security, Argonne National United States Postal Service located at 2000 Laboratory; and public witnesses. McDonough Street in Joliet, Illinois, as the ‘‘John F. Whiteside Joliet Post Office Building;’’ H.R. 2183, WATER RESOURCES DEVELOPMENT ACT To designate the facility of the United States Postal Committee on Transportation and Infrastructure: Sub- Service located at 567 Tompkins Avenue in Staten committee on Water Resources and Environment ap- Island, New York, as the ‘‘Vincent Palladino Post proved for full Committee action, as amended, H.R. Office;’’ H.R. 2346; To designate the facility of the 2864, Water Resources Development Act of 2005. United States Postal Service located at 105 NW Railroad Avenue in Hammond, Louisiana, as the VETERAN’S MEASURES ‘‘John J. Hainkel Post Office Building;’’ H.R. 2490, Committee on Veterans’ Affairs: Subcommittee on Dis- To designate the facility of the United States Postal ability Assistance and Memorial Affairs held a hear- Service located at 442 West Hamilton Street, Allen- ing to consider the following: a measure to amend

VerDate Aug 04 2004 07:53 Jun 17, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JN5.REC D16JN5 June 16, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D625

the Servicemembers’ Group Life Insurance (SGLI) SOCIAL SECURITY—PROTECTING AND program; a measure regarding the Traumatic Injury STRENGTHENING Protection provisions of Public Law 109–13; and Committee on Ways and Means: Subcommittee on So- H.R. 1618, Wounded Warrior Servicemembers’ cial Security continued hearings on Protecting and Group Disability Insurance Act of 2005. Testimony Strengthening Social Security. Testimony was heard was heard from Representative Renzi; Thomas Lastowka, Director, Regional Office and Insurance from Barbara Bovbjerg, Director, Education, Work- Center, Department of Veterans Affairs; Steve Jones, force, and Income Security, GAO; and public wit- Principal Deputy Assistant Secretary, Health Affairs, nesses. Department of Defense; representatives of veterans Hearings continue June 21. organizations; and public witnesses. f POST-ACUTE CARE COMMITTEE MEETINGS FOR FRIDAY, Committee on Ways and Means: Subcommittee on JUNE 17, 2005 Health held a hearing on Post-Acute Care. Testi- mony was heard from Glenn M. Hackbarth, Chair- (Committee meetings are open unless otherwise indicated) man, Medicare Payment Advisory Commission; Mar- Senate jorie Kanof, M.D., Managing Director, Health, GAO; Herb Kuhn, Director, Center for Medicare No meetings/hearings scheduled. Management, Centers for Medicare and Medicaid Services, Department of Health and Human Services; House and public witnesses. No committee meetings are scheduled.

VerDate Aug 04 2004 07:53 Jun 17, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JN5.REC D16JN5 D626 CONGRESSIONAL RECORD — DAILY DIGEST June 16, 2005

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, June 20 9 a.m., Friday, June 17

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Friday: Complete consideration of H.R. of H.R. 6, Energy Policy Act. Also, at 5 p.m., Senate 2745, Henry J. Hyde United Nations Reform Act of will resume consideration of the nomination of John Rob- 2005. ert Bolton, of Maryland, to be U.S. Representative to the United Nations, with the rank and status of Ambassador, and the U.S. Representative in the Security Council of the United Nations, and at 6 p.m., Senate will consider and agree to the motion to proceed to the motion to re- consider the vote by which the motion to invoke cloture on the nomination was not agreed to, agree to the motion to reconsider, and then proceed to the vote on the motion to invoke cloture on the nomination.

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Aug 04 2004 07:53 Jun 17, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0664 Sfmt 0664 E:\CR\FM\D16JN5.REC D16JN5