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

Vol. 151 WASHINGTON, THURSDAY, DECEMBER 22, 2005 No. 168 House of Representatives The House met at 4 p.m. and was PRAYER May the hopes of Americans be real- called to order by the Speaker pro tem- ized in the new year, and may this pore (Mr. WOLF). The Chaplain, the Reverend Daniel P. manifestation of free democracy in ac- Coughlin, offered the following prayer: tion be a sign of Your blessing upon all f Lord God, the Beginning and the End, the Earth and give You glory, now and DESIGNATION OF THE SPEAKER all natural beauty gives You glory. All forever. Amen. PRO TEMPORE human effort is destined to build Your The SPEAKER pro tempore laid be- kingdom of peace and justice. f fore the House the following commu- Bless the finishing work of this First nication from the Speaker: Session of the 109th Congress of the THE JOURNAL WASHINGTON, DC, United States of America. May words The SPEAKER pro tempore. The December 22, 2005. of promise for the good of Your people Chair has examined the Journal of the I hereby appoint the Honorable FRANK R. come to fulfillment and bring good last day’s proceedings and announces WOLF to act as Speaker pro tempore on this day. news to the poor. May laws here en- to the House his approval thereof. J. DENNIS HASTERT, acted be truly implemented with equal- Pursuant to clause 1, rule I, the Jour- Speaker of the House of Representatives. ity and accountability. nal stands approved.

NOTICE If the 109th Congress, 1st Session, adjourns sine die on or before December 22, 2005, a final issue of the Congres- sional Record for the 109th Congress, 1st Session, will be published on Friday, December 30, 2005, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Thursday, December 29. The final issue will be dated Friday, December 30, 2005, and will be delivered on Tuesday, January 3, 2006. Both offices will be closed Monday, December 26, 2005. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. TRENT LOTT, Chairman.

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

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VerDate Aug 31 2005 05:01 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H22DE5.REC H22DE5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H13178 CONGRESSIONAL RECORD — HOUSE December 22, 2005 PLEDGE OF ALLEGIANCE ment of the Senate to the bill (H.R. COMMUNICATION FROM THE The SPEAKER pro tempore. Will the 1815) ‘‘An Act to authorize appropria- CLERK OF THE HOUSE gentleman from Michigan (Mr. KILDEE) tions for fiscal year 2006 for military The SPEAKER pro tempore laid be- come forward and lead the House in the activities of the Department of De- fore the House the following commu- Pledge of Allegiance. fense, for military construction, and nication from the Clerk of the House of Mr. KILDEE led the Pledge of Alle- for defense activities of the Depart- Representatives: giance as follows: ment of Energy, to prescribe military OFFICE OF THE CLERK, I pledge allegiance to the Flag of the personnel strengths for such fiscal HOUSE OF REPRESENTATIVES, United States of America, and to the Repub- year, and for other purposes.’’. Washington, DC, December 22, 2005. lic for which it stands, one nation under God, The message also announced that the Hon. J. DENNIS HASTERT, indivisible, with liberty and justice for all. Senate agreed to the report of the com- The Speaker, House of Representatives, f mittee of conference on the disagreeing Washington, DC. MESSAGE FROM THE SENATE votes of the two Houses on the amend- DEAR MR. SPEAKER: Pursuant to the per- ment of the Senate to the bill (S. 1281) mission granted in Clause 2(h) of Rule II of A message from the Senate by Mrs. ‘‘An Act to authorize appropriations the Rules of the U.S. House of Representa- Curtis, one of its clerks, announced for the National Aeronautics and Space tives, the Clerk received the following mes- that the Senate had passed with an sage from the Secretary of the Senate on De- Administration for science, aero- cember 22, 2005, at 2:30 pm: amendment a bill of the house of the nautics, exploration, exploration capa- following title. That the Senate passed without amend- bilities, and the Inspector General, and ment—H. Con. Res. 59. H.R. 1400. An act to amend title 18, United for other purposes, for fiscal years 2006, That the Senate passed without amend- States Code, to provide penalties for aiming 2007, 2008, 2009, and 2010.’’. ment—H. Con. Res. 196. laser pointers at airplanes, and for other pur- That the Senate passed without amend- poses. The message also announced that the Senate, having had under consideration ment—H. Con. Res. 230. The message also announced that the That the Senate passed without amend- the report of the committee of con- Senate has passed bills of the following ment—H. Con. Res. 324. ference on the disagreeing votes of the titles in which the concurrence of the That the Senate passed without amend- two Houses on the amendment of the House is requested: ment—H.R. 972. House to the bill (S. 1932) ‘‘An Act to That the Senate passed without amend- S. 119. An act to provide for the protection provide for reconciliation pursuant to ment—H.R. 2017. of unaccompanied alien children, and for That the Senate passed without amend- other purposes. section 202(a) of the concurrent resolu- tion on the budget for fiscal year 2006 ment—H.R. 3179. S. 716. An act to amend title 38, United That the Senate passed without amend- States Code, to enhance services provided by (H. Con. Res. 95).’’, it was ment—H.R. 4501. vet centers, to clarify and improve the provi- Resolved, That the Senate defeated That the Senate passed without amend- sion of breavement counseling by the De- the conference report by operation of ment—H.R. 4525. partment of Veterans Affairs, and for other the Budget Act; be it further That the Senate passed without amend- purposes. Resolved, That the Senate concur in ment—H.R. 4579. S. 1182. An act to amend title 38, United the amendment of the House with fur- That the Senate passed without amend- States Code, to improve health care for vet- ment—H.R. 4635. erans, and for other purposes. ther amendment. f That the Senate passed without amend- S. 1184. An act to waive the passport fees ment—H.R. 4637. for a relative of a deceased member of the ANNOUNCEMENT BY THE SPEAKER With best wishes, I am Armed Forces proceeding abroad to visit the PRO TEMPORE Sincerely, grave of such member or to attend a funeral KAREN L. HAAS, or memorial service for such member. The SPEAKER pro tempore. Pursu- S. 1315. An act to require a report on ant to clause 4 of rule I, Speaker pro Clerk of the House. progress toward the Millenium Development tempore WOLF signed the following en- Goals, and for other purposes. rolled bills on Wednesday, December f S. 2167. An act to amend the USA PA- 21, 2005: TRIOT Act to extend the sunset of certain S. 205, to authorize the American USA PATRIOT ACT 1-MONTH provisions of the Act and the lone wolf provi- Battle Monuments Commission to es- EXTENSION sion of the Intelligence Reform and Ter- rorism Prevention Act of 2004 to July 1, 2006. tablish in the State of Louisiana a me- Mr. SENSENBRENNER. Mr. Speak- S. 2170. An act to provide for global patho- morial to honor the Buffalo Soldiers; er, I ask unanimous consent that the gen surveillance and response. S. 652, to provide financial assistance Committee on the Judiciary and the The message also announced that the for the rehabilitation of the Benjamin Permanent Select Committee on Intel- Senate has agreed to concurrent reso- Franklin National Memorial in Phila- ligence be discharged from further con- lutions of the following titles in which delphia, Pennsylvania, and the develop- sideration of the bill (H.R. 4647) to the concurrence of the House is re- ment of an exhibit to commemorate amend the USA PATRIOT ACT to ex- quested: the 300th anniversary of the birth of tend the sunset of certain provisions of S. Con. Res. 74. Concurrent resolution Benjamin Franklin; such Act, and ask for its immediate S. 1238, to amend the Public Lands making appropriation for the Department of consideration in the House. Defense for the fiscal year ending September Corps Act of 1993 to provide for the The Clerk read the title of the bill. 30, 2006, and for other purposes. conduct of projects that protect for- The SPEAKER pro tempore. Is there S. Con. Res. 75. Concurrent resolution en- ests, and for other purposes; objection to the request of the gen- couraging all Americans to increase their S. 1310, to authorize the Secretary of tleman from Wisconsin? charitable giving, with the goal of increasing the Interior to allow the Columbia Gas There was no objection. the annual amount of charitable giving in Transmission Corporation to increase The Clerk read the bill, as follows: the United States by 1 percent. the diameter of a natural gas pipeline The message also announced that the located in the Delaware Water Gap Na- H.R. 4647 Senate agreed to the report of the com- tional Recreation Area, to allow cer- Be it enacted by the Senate and House of Rep- mittee of conference on the further tain commercial vehicles to continue resentatives of the United States of America in Congress assembled, conference on the disagreeing votes of to use Route 209 within Delaware the two Houses on the amendment of SECTION 1. EXTENSION OF CERTAIN PROVISIONS Water Gap National Recreation Area, OF THE USA PATRIOT ACT. the Senate to the bill (H.R. 3010) ‘‘An and to extend the termination date of Section 224(a) of the Uniting and Strength- Act making appropriations for the De- the National Park System Advisory ening America by Providing Appropriate partments of Labor, Health and Human Board to January 1, 2007; Tools Required to Intercept and Obstruct Services, and Education, and Related S. 1481, to amend the Indian Land Terrorism (USA PATRIOT ACT) Act of 2001 Agencies for the fiscal year ending Sep- Consolidation Act to provide for pro- (Public Law 107–56; 115 Stat. 295) is amended tember 30, 2006, and for other pur- bate reform; by striking ‘‘December 31, 2005’’ and insert- poses.’’ S. 1892, to amend Public Law 107–153 ing ‘‘February 3, 2006’’. The message also announced that the to modify a certain date; Mr. SENSENBRENNER. Mr. Speaker, in the Senate agreed to the report of the com- S. 1988, to authorize the transfer of wake of the September 11, 2001 attacks, Con- mittee of conference on the disagreeing items in the War Reserves Stockpile gress recognized that our Nation’s intelligence votes of the two Houses on the amend- for Allies, Korea. and law enforcement communities lacked the

VerDate Aug 31 2005 05:01 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 9920 J:\CRONLINE\TYPESE~1\H22DE5.REC H22DE5 bajohnson on PROD1PC69 with CONG-REC-ONLINE December 22, 2005 CONGRESSIONAL RECORD — HOUSE H13179 statutory tools necessary to meet and defeat cumstances relating to 215 orders, including There was no objection. the international terrorist threat. Large majori- any improper or illegal use of the authority; the f ties in both Houses passed the PATRIOT Act manner in which such information is collected, to lower the wall of separation between the in- retained, analyzed, and disseminated by the USA PATRIOT ACT 6-MONTH telligence and law enforcement communities FBI; and an assessment of whether the mini- EXTENSION that prevented the sharing of threat informa- mization procedures protect the constitutional Mr. SENSENBRENNER. Mr. Speak- tion that might have averted these attacks. I rights of United States persons. er, I ask unanimous consent to take supported the inclusion of sunsets in the PA- Allows recipients of National Security Letters from the Speaker’s table the Senate TRIOT Act because I recognized that the en- (NSLs) to consult with legal counsel and cre- bill (S. 2167) to amend the USA PA- largement of Federal law enforcement author- ates an explicit right to judicial review of NSL TRIOT ACT to extend the sunset of ity and the attendant risk to civil liberties re- requests. certain provisions of that Act and the quired comprehensive examination and affirm- Permits a reviewing court to modify or set lone wolf provision of the Intelligence ative congressional reauthorization. aside an NSL if compliance would be unrea- Since passage of the PATRIOT Act in Octo- sonable, oppressive, or otherwise unlawful— Reform and Terrorism Prevention Act ber of 2001, I have led aggressive congres- this is the same standard used to modify or of 2004 to July 1, 2006, and ask for its sional oversight of the implementation of the quash a subpoena in a criminal case. immediate consideration in the House. PATRIOT Act before the House Committee on Requires the DOJ Inspector General to con- The Clerk read the title of the Senate the Judiciary, and the legislation has been ex- duct two comprehensive audits of the FBI’s bill. haustively examined by the House Committee use of NSLs and requires the Attorney Gen- The SPEAKER pro tempore. Is there on Intelligence, as well as companion commit- eral and the Director of National Intelligence to objection to the request of the gen- tees in the other body. The PATRIOT Act con- submit to Congress a report on the feasibility tleman from Wisconsin? ference report is more protective of civil lib- of applying minimization procedures to NSLs Mr. OBEY. Mr. Speaker, I reserve the erties than current law in dozens of areas, and to ensure the protection of constitutional rights right to object in order to simply ask is the product of extensive and bipartisan leg- of U.S. persons. at the proper time that I may be al- Adds a new ‘‘sunshine’’ provision that re- islative and oversight, as well as intensive bi- lowed to insert a statement from Mr. quires annual public reporting on NSLs. Pro- partisan and bicameral negotiations. On De- CONYERS in the RECORD with respect to vides for expanded congressional access to cember 14, the House passed the PATRIOT the PATRIOT Act. significant FISA reporting currently provided to Act conference report by a bipartisan vote of And I have been asked by the distin- the Intelligence Committees. guished minority leader, Ms. PELOSI, to 251–174. Includes a provision requiring the FISA Last night, the other body ignored the will of read the following statement: Court to submit its rules and procedures to the House, a majority of PATRIOT Act House- ‘‘Mr. Speaker, I do not intend to ob- Congress. Creates new reporting requirements Senate conferees, and a clear majority of Sen- ject to this 1-month extension of the for the use of emergency authorities under PATRIOT Act provision contained in ators bypassing a 6-month extension of the FISA. Requires new reporting on the use of PATRIOT Act that contained none of the im- this legislation. We would have pre- emergency disclosures of communications in- ferred a 3- or 6-month extension to portant civil liberties provisions carefully nego- formation made under section 212 of the USA tiated by House and Senate conferees. allow the American people a longer PATRIOT Act. time to discuss the very serious im- The security of the American people should Requires the Department of Justice to sub- not be subordinated to the partisan pacts of these provisions on the civil mit a report to Congress on the Department’s liberties of the American people. But it brinksmanship of a minority of obstructionist data-mining activities. Senators. It is imperative that the PATRIOT appears we will only be given 1 month As you can see from this list of changes, for that national debate. Act not be permitted to expire in order to en- the conference report does more than just sure that our Nation’s law enforcement and in- ‘‘I also want it to be clear that this mends the PATRIOT Act, it overhauls it in im- legislation involves only a small por- telligence communities are provided the statu- portant ways that a minority of Senators tory mandate necessary to detect and defeat tion of the PATRIOT Act. Ninety per- refuse to recognize. cent of that act is law and remains law, terrorist threats. In order to ensure that this vital antiterrorism regardless of what we do here today. Let me respond to assertions that the con- legislation does not expire at the end of this ‘‘The portion of the law in dispute is ference report does not strengthen the civil lib- month, I offer legislation that provides a 5- the very controversial section that af- erties provisions of the original PATRIOT Act. week extension of the PATRIOT Act. The PA- fects the basic civil liberties of the Senator SCHUMER and others have said that TRIOT Act has already been subject to the American people. The rights of our we ought to ‘‘mend it, not end it.’’ Senator most exhaustive congressional consideration citizens, as guaranteed by the Con- SCHUMER and others fail to recognize that con- of any modem legislation. A 5-week extension stitution, should not be shoehorned ferees have already extensively mended it, will permit both bodies to again examine the into a tight timeframe. We should have and that further mending will have the effect of legislation to ensure that it enhances the secu- the time for a vigorous and thorough ending the vital antiterrorism provisions con- rity of the American people while preserving debate. In the meantime, the over- tained in this legislation and heighten the risk our civil liberties. It will also ensure that the whelming majority of the PATRIOT of future terrorist attack. vital antiterrorism provisions contained in the Act is in place, and will remain in ef- With respect to civil liberties enhancements, act do not expire as some in the other body fect. the PATRIOT Act conference report contains have openly advocated. ‘‘Mr. Speaker, there is a very crucial at least 30 additional civil liberties safeguards, I urge my colleagues to support this impor- debate in this country today about the many of which were requested by minority tant legislation to renew the critical rights of American citizens to privacy, conferees. This conference report tightens the antiterrorism tools contained in the PATRIOT and about the proper role of the Con- criteria necessary to obtain a multipoint wire- Act by supporting passage of H.R. 4647. tap, heightens reporting requirements of their The bill was ordered to be engrossed gress and courts in assuring that no use, increases safeguards for the use of de- and read a third time, was read the one, not even the President, tramples layed notice search warrants, imposes strin- third time, and passed, and a motion to on those basic privacy rights without gent requirements for the acquisition of busi- reconsider was laid on the table. complying with the law. In this atmos- phere, it is appropriate to give addi- ness records under section 215 of the legisla- f tion, requires the approval of such orders from tional time to examine the implica- the FBI Director of other senior executive offi- GENERAL LEAVE tions of these controversial provisions cials if they pertain to library, medical, edu- Mr. SENSENBRENNER. Mr. Speak- of the PATRIOT Act.’’ cational or other records, limits the scope of er, I ask unanimous consent that all Mr. OBEY. Mr. Speaker, I withdraw material obtained through these orders, and Members may have 5 legislative days my reservation of objection. prohibits the dissemination of information ob- within which to revise and extend their The SPEAKER pro tempore. Is there tained. remarks and include extraneous mate- objection to the request of the gen- The conference report also requires that the rial on the bill, H.R. 4647, just passed. tleman from Wisconsin? DOJ Inspector General conduct two separate The SPEAKER pro tempore. Is there There was no objection. audits of the FBI’s use of section 215 orders objection to the request of the gen- The Clerk read the Senate bill, as fol- that will examine: any noteworthy facts or cir- tleman from Wisconsin? lows:

VerDate Aug 31 2005 05:01 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H22DE5.REC H22DE5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H13180 CONGRESSIONAL RECORD — HOUSE December 22, 2005 S. 2167 on Intelligence, as well as companion commit- eral and the Director of National Intelligence to Be it enacted by the Senate and House of Rep- tees in the other body. The PATRIOT Act con- submit to Congress a report on the feasibility resentatives of the United States of America in ference report is more protective of civil lib- of applying minimization procedures to NSLs Congress assembled, erties than current law in dozens of areas, and to ensure the protection of constitutional rights SECTION 1. EXTENSION OF SUNSET OF CERTAIN is the product of extensive and bipartisan leg- of U.S. persons. PROVISIONS OF THE USA PATRIOT ACT AND THE LONE WOLF PROVI- islative and oversight, as well as intensive bi- Adds a new ‘‘sunshine’’ provision that re- SION OF THE INTELLIGENCE RE- partisan and bicameral negotiations. On De- quires annual public reporting on NSLs. Pro- FORM AND TERRORISM PREVEN- cember 14, the House passed the PATRIOT vides for expanded congressional access to TION ACT OF 2004. significant FISA reporting currently provided to Section 224(a) of the Uniting and Strength- Act conference report by a bipartisan vote of ening America by Providing Appropriate 251–174. the Intelligence Committees. Tools Required to Intercept and Obstruct Last night, the other body ignored the will of Includes a provision requiring the FISA Terrorism (USA PATRIOT ACT) Act of 2001 the House, a majority of PATRIOT Act House- Court to submit its rules & procedures to Con- (18 U.S.C. 2510 note) is amended by striking Senate conferees, and a clear majority of Sen- gress. Creates new reporting requirements for ‘‘December 31, 2005’’ and inserting ‘‘July 1, ators by passing a six-month extension of the the use of emergency authorities under FISA. 2006’’. PATRIOT Act that contained none of the im- Requires new reporting on the use of emer- AMENDMENT OFFERED BY MR. SENSENBRENNER portant civil liberties provisions carefully nego- gency disclosures of communications informa- Mr. SENSENBRENNER. Mr. Speak- tiated by House and Senate conferees. tion made under section 212 of the USA PA- er, I offer an amendment. The security of the American people should TRIOT Act. The Clerk read as follows: not be subordinated to the partisan Requires the Department of Justice to sub- In section 1, strike ‘‘July 1, 2006’’ and in- brinksmanship of a minority of obstructionist mit a report to Congress on the Department’s sert ‘‘February 3, 2006’’. Senators. It is imperative that the PATRIOT data-mining activities. Ms. PELOSI. Mr. Speaker, I do not intend to Act not be permitted to expire in order to en- As you can see from this list of changes, object to this one-month extension of the PA- sure that our Nation’s law enforcement and in- the conference report does more than just TRIOT Act provision contained in this legisla- telligence communities are provided the statu- mend the PATRIOT Act, it overhauls it in im- tion. We would have preferred a three or six tory mandate necessary to detect and defeat portant ways that a minority of Senators month extension to allow the American people terrorist threats. refuse to recognize. a longer time to discuss the very serious im- Let me respond to assertions that the con- In order to ensure that this vital antiterrorism pacts of these provisions on the civil liberties ference report does not strengthen the civil lib- legislation does not expire at the end of this of the American people. But it appears we will erties provisions of the original PATRIOT Act. month, I offer an amendment to the Senate- only be given one month for that national de- Senator SCHUMER and others have said that passed reauthorization that extends the PA- bate. we ought to ‘‘mend it, not end it.’’ Senator TRIOT Act until February 3, 2005. The PA- I also want it to be clear that this legislation SCHUMER and others fail to recognize that con- TRIOT Act has already been subject to the involves only a small portion of the PATRIOT ferees have already extensively mended it, most exhaustive congressional consideration Act. Ninety percent of that Act is law and re- and that further mending will have the effect of of any modern legislation. A five-week exten- mains law, regardless of what we do here ending the vital antiterrorism provisions con- sion provides ample time for both bodies to today. tained in this legislation and heighten the risk again examine the legislation to ensure that it The portion of the law in dispute is the very of future terrorist attack. enhances the security of the American people controversial section that affects the basic civil With respect to civil liberties enhancements, while preserving our civil liberties. It will also liberties of the American people. The rights of the PATRIOT Act conference report contains ensure that the vital antiterrorism provisions our citizens, as guaranteed by the Constitu- at least 30 additional civil liberties safeguards, contained in the Act do not expire as some in tion, should not be shoehorned into a tight many of which were requested by minority the other body have openly advocated. timeframe: we should have the time for a vig- conferees. This conference report tightens the I urge my colleagues to support this impor- orous and thorough debate. In the meantime, criteria necessary to obtain a multipoint wire- tant legislation to renew the critical the overwhelming majority of the PATRIOT tap, heightens reporting requirements of their antiterrorism tools contained in the PATRIOT Act is in place, and will remain in effect. use, increases safeguards for the use of de- Act by supporting passage of this amendment Mr. Speaker, there is a very crucial debate layed notice search warrants, imposes strin- to S. 2167. in this country today about the rights of Amer- gent requirements for the acquisition of busi- Mr. STEARNS. Mr. Speaker, I was very dis- ican citizens to privacy, and about the proper ness records under section 215 of the legisla- appointed to learn that the Senate voted to ex- role of the Congress and the courts in assur- tion, requires the approval of such orders from tend the PATRIOT Act for just six months, ing that no one—not even the President— the FBI Director or other senior executive offi- rather than making it permanent or at least ex- tramples on those basic privacy rights without cial if they pertain to library, medical, edu- tending key provisions for the next few years. complying with the law. In this atmosphere, it cational or other records, limits the scope of As everyone in the House and Senate is appropriate to give additional time to exam- material obtained through these orders, and knows, the provisions of the PATRIOT Act ine the implications of these controversial pro- prohibits the dissemination of information ob- have been used against drug lords and mafia visions of the PATRIOT Act. tained. kingpins for years, it is common sense that we Mr. SENSENBRENNER. Mr. Speaker, in the The conference report also requires that the are allowed to use these same tools in the wake of the September 11, 2001 attacks, Con- DOJ Inspector General conduct two separate war on terror. gress recognized that our Nation’s intelligence audits of the FBI’s use of section 215 orders I am also chagrinned to see that the bill that and law enforcement communities lacked the that will examine: any noteworthy facts or cir- the Senate sent over does not contain any of statutory tools necessary to meet and defeat cumstances relating to 215 orders, including the cargo theft or port security provisions that the international terrorist threat. Large majori- any improper or illegal use of the authority; the we passed overwhelmingly in this body. ties in both Houses passed the PATRIOT Act manner in which such information is collected, Back in July, we passed the port security/ to lower the wall of separation between the in- retained, analyzed, and disseminated by the cargo theft provisions onto the PATRIOT Act telligence and law enforcement communities FBI; and an assessment of whether the mini- reauthorization by a remarkable 381–45 vote. that prevented the sharing of threat informa- mization procedures protect the constitutional These measures were so important that, even tion that might have averted these attacks. I rights of United States persons. though the Senate did not include them in supported the inclusion of sunsets in the PA- Allows recipients of National Security Letters their version of the PATRIOT Act reauthoriza- TRIOT Act because I recognized that the en- (NSLs) to consult with legal counsel and cre- tion, conferees from both the House and Sen- largement of federal law enforcement authority ates an explicit right to judicial review of NSL ate decided to put these provisions in the final and the attendant risk to civil liberties required requests. conference report. comprehensive examination and affirmative Permits a reviewing court to modify or set From a personal perspective, the issue of congressional reauthorization. aside an NSL if compliance would be unrea- cargo theft is one that I have worked on for Since passage of the PATRIOT Act in Octo- sonable, oppressive, or otherwise unlawful— two years. I will not rest until these cargo theft ber of 2001, I have led aggressive congres- this is the same standard used to modify or prevention measures have been signed into sional oversight of the implementation of the quash a subpoena in a criminal case. law by the president. PATRIOT Act before the House Committee on Requires the DOJ Inspector General to con- These cargo theft provisions would have the Judiciary, and the legislation has been ex- duct two comprehensive audits of the FBI’s gone a long way in helping law enforcement haustively examined by the House Committee use of NSLs and requires the Attorney Gen- fight the widespread and costly crime.

VerDate Aug 31 2005 05:01 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 9920 J:\CRONLINE\TYPESE~1\H22DE5.REC H22DE5 bajohnson on PROD1PC69 with CONG-REC-ONLINE December 22, 2005 CONGRESSIONAL RECORD — HOUSE H13181 But if we must delay further action for six and worker protection for those who their votes to the people affected in the more months, that is six more months where have the least. Despite the fact that public arena. criminals can steal cargo and make billions. the rules of the House were used to This bill makes that problem $1.4 bil- That is half a year of handicapping our law en- block our efforts to obtain on-the- lion worse for those programs and be- forcement, hurting our businesses and passing record votes on a number of our alter- cause of the across-the-board cut, it the cost on to American consumers. natives, Democrats continued to co- makes other ill-advised cuts in critical Mr. Speaker, I commend Chairman SENSEN- operate procedurally even as we made funding for the FBI and local law en- BRENNER for his tireless efforts providing over- clear our differences on policy. forcement, and it even cuts an addi- sight over the PATRIOT Act and working on The Republican majority wanted to tional $4 billion out of the Defense bill. reauthorizing this critical legislation, including finish all of these bills by the end of If I could do anything to change that, by now extending the PATRIOT Act for just the fiscal year, and we did not proce- I would; but it is clear the die is cast. one month. This allows us to work on making durally obstruct them, because while Continuing under my reservation, these provisions permanent and on including we differed strongly with the values Mr. Speaker, there is a second out- the cargo theft measures as soon as possible. that lie behind their budget priorities, rageous problem with this bill. The ma- I also commend Chairman COBLE, Mr. we respected the fact that they are in jority has turned the proposal to pre- FORBES and Mr. SCHIFF, as well as all the law the majority, and we respect and re- pare for a flu pandemic into a giveaway enforcement and industry groups that worked vere this institution. But because of in- to the pharmaceutical industry. When on the port security and cargo theft provisions. ternal divisions between the majority the President requested $7 billion to I say to our fellow Americans and our law party, divisions within the House GOP begin a much-belated crash program to enforcement communities, that I will do every- caucus, and divisions between House develop a new generation of vaccines thing that I can to make the PATRIOT Act per- and Senate Republicans, the fiscal year and antiviral drugs to combat a poten- manent, and that I will not rest until we finally ended with the Labor-HHS bill and the tial flu pandemic, the Republican ma- enact these cargo theft prevention measures Defense appropriations bill that rep- jority responded by cutting it in half. into law. resents 67 percent of the discretionary When I asked Senator STEVENS in con- The amendment was agreed to. spending in our budget bill still being ference why we shouldn’t fund the rest The Senate bill was ordered to be hung up in the legislative process. of the administration’s request so that read a third time, was read the third Now in the closing days of this Con- it was clear that the government had a time, and passed, and a motion to re- gress, the Republican leadership has long-term commitment to the develop- consider was laid on the table. decided to use the must-pass Defense ment of needed vaccines and antivirals, f appropriations bill to force down the he responded that because liability pro- throats of the American people a num- tection language for manufacturers GENERAL LEAVE ber of wholly unrelated gifts to special was not being adopted, long-range Mr. SENSENBRENNER. Mr. Speak- interests. They decided to hold funds funding should be withheld. er, I ask unanimous consent that all for our troops hostage in order to force The conference committee ended its Members may have 5 legislative days Congress into removing protections work with the understanding, both within which to revise and extend their against oil drilling in ANWR. verbal and in writing, that there would remarks and include extraneous mate- To make room for their tax give- be no legislative liability protection rial on the bill, S. 2167, just passed. aways, they even imposed a second language inserted in this bill. And be- The SPEAKER pro tempore. Is there round of cuts on education, health, cause the majority told us it did not objection to the request of the gen- worker protection, and even imposed a want any compensation program for tleman from Wisconsin? $4 billion additional cut in military victims to be applied against the dis- There was no objection. spending. Senate action yesterday has cretionary portion of the budget, no f corrected one provision inserted in the funding was provided for that, either. bill by the abuse of power, the strong- But after the conference was finished CORRECTING ENROLLMENT OF arm attempts at drilling in ANWR, and at 6 p.m., Senator FRIST marched over H.R. 2863, DEPARTMENT OF DE- for that I applaud the Senate. I led the to the House side of the Capitol about FENSE APPROPRIATIONS ACT, opposition to ANWR’s inclusion in the 4 hours later and insisted that over 40 2006 conference, and I am happy that the pages of legislation, which I have in my Mr. WOLF. Mr. Speaker, I ask unani- Congress was not blackmailed into ac- hand, 40 pages of legislation that had mous consent to take from the Speak- cepting it. never been seen by conferees, be at- er’s table the Senate concurrent reso- But, frankly, Mr. Speaker, con- tached to the bill. The Speaker joined lution (S. Con. Res. 74) making appro- tinuing under my reservation, ANWR him in that assistance so that, without priation for the Department of Defense was not the biggest problem with the a vote of the conferees, that legislation for the fiscal year ending September 30, conference report. The biggest problem was unilaterally and arrogantly in- 2006, and for other purposes, and ask is that it shortchanges our economic serted into the bill after the conference for its immediate consideration in the future by refusing to make adequate was over in a blatantly abusive power House. investments in education. And it cru- play by two of the most powerful men The Clerk read the title of the Senate elly neglects to strengthen support for in Congress. concurrent resolution. programs that help provide critical We then discovered that this lan- The SPEAKER pro tempore (Mr. health care services to people who des- guage provided all sorts of insulation PENCE). Is there objection to the re- perately need them. for pharmaceutical companies and that quest of the gentleman from Virginia? But we have lost that fight. This this insulation applied not just to Mr. OBEY. Mr. Speaker, reserving Congress has made the decision to cut drugs developed to deal with the flu the right to object, more than a year critical health, education, worker pro- but in fact applied to a far broader ago when Mr. LEWIS was elected chair- tection, and social service funding by range of products. In essence, the pro- man of the Appropriations Committee, $3 billion below last year’s level. What visions allowed the Secretary of HHS he came to me and asked if we could I find so gutless about Congress’ per- to issue a declaration that has the ef- have an understanding that we would formance on this bill is that those cuts fect of almost completely prohibiting express our substantive differences, but could not pass the Senate on a rollcall lawsuits in State or Federal courts by still cooperate in moving bills forward vote, so the majority party had to ar- persons whose health was injured in an orderly way once those dif- range for their Senators to duck this against manufacturers and various oth- ferences were expressed. We did that. vote, thereby hiding from account- ers for compensation for injuries Time and time again, the minority ability by arranging for the bill to be caused by the use of covered counter- was denied the opportunity to offer dif- passed through the Senate without a measures. ferent sets of priorities, priorities that rollcall vote. That means the majority That determination would bar law- did not offer huge tax cuts for those party has denied critical help to fami- suits against a wide range of covered who have the most in society, paid for lies most in need of help, but has not persons involved with the counter- with cuts in education, health care, had the courage to forthrightly defend measures including manufacturers and

VerDate Aug 31 2005 05:01 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H22DE5.REC H22DE5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H13182 CONGRESSIONAL RECORD — HOUSE December 22, 2005 their suppliers, their distributors, In summary, the administration lican majority twisted arms to create State and local governments and their asked for some very broad liability the complex and ridiculously confusing employees involved with the use of protections for manufacturers and oth- prescription drug bill that our seniors those countermeasures, medical per- ers involved with countermeasures are now so desperately trying to under- sonnel prescribing and administering against pandemic flu, and the adminis- stand, a bill that was ushered through the countermeasures, and so forth. tration’s proposal was widely criticized this institution by over 600 lobbyists That is very broad power, indeed, to as going too far. With division E of the and that protected companies by pre- ban lawsuits. Unlike the language re- Defense appropriations conference re- venting the government from even at- quested by the administration, the di- port, Congress would be providing even tempting to negotiate lower drug vision E language is not limited to broader protection, potentially cov- prices. products to combat a flu pandemic. ering a wide range of drugs, vaccines, If I thought that denying unanimous Rather, it applies to any drug, vaccine, and devices far beyond what is needed consent on this bill would force the medical device, or other products use- to deal with flu. Further, this denial of majority to eliminate that language, I ful in dealing with anything the Sec- the right to sue is more sweeping than would object. But, Mr. Speaker, it has retary considers to constitute a health provided in the case of childhood vac- also been made quite clear to me that emergency or that could constitute an cines or in the case of smallpox vac- the majority will not relent on the lan- emergency in the future. cine. In the smallpox case, manufactur- guage that insulates drug companies. Although a rationale often offered for ers were protected by basically sub- So, Mr. Speaker, I want it to be clear lawsuit protection is that it is needed stituting the Federal Government as that the action to insert this special to encourage manufacturers to develop defendant, with the scope of potential interest language in the bill is, in my and produce new treatments, the pro- lawsuits against the Federal Govern- view, a corruption of the legislative tections of division E are not limited ment narrowed, but not eliminated. practices of the House. to new or experimental products. Rath- Now, Mr. Speaker, I recognize that When Congress returns in January, I er, nothing in the language would pre- some sort of liability protection or in- intend to raise a question about the vent the Secretary from providing pro- demnification is necessary and appro- privileges of the House that are high- tection against lawsuits to drugs that priate to encourage development and lighted by this action because it has have been on the market for decades. manufacture of some measures to deal brought discredit to the House and Further, the language explicitly pro- with pandemic flu; and I would support should disturb every Member who hibits any judicial review in either such reasonable language, language serves here. No Member of Congress, no Federal or State court of the Sec- that has been reviewed by a committee matter how powerful, should be able to retary’s decisions to grant immunity that knows what it is doing in a proc- unilaterally insist that provisions that from lawsuits. ess that allows for public comments. were never discussed and never debated If anyone believes that the power is But there are real doubts about wheth- being exercised too broadly, or even in in the conference should wind up being er it needs to be this broad. It is worth violation of the law, they apparently slipped into that conference report would have no remedy other than ask- noting that Sanofi Pasteur, our only without a vote of that same con- ing the Secretary to change his mind domestic flu vaccine manufacturer, has ference. This is what happens when there are or asking Congress to amend the law. already signed contracts with the Fed- Although proponents point to provi- eral Government to make avian flu no checks and balances and when one sions of this language that make an ex- vaccine and has already delivered some party controls the White House, the ception and allow lawsuits in cases of lots, rather than refusing to proceed Senate, and the House and respects no willful misconduct, that exception is so until legislation like this is enacted. limits on its own use of power. We have narrowly drawn as to be almost mean- Similarly, Roche has been supplying been placed in this position because the ingless. First, the provision defines Tamiflu for the national stockpile and House Republican leadership has sent ‘‘willful misconduct’’ as acts taken in- actively seeking contracts to supply Members home for the Christmas holi- tentionally to achieve a wrongful pur- more. days with the message to the Senate pose, knowing there is no legal or fac- The result of this legislative action that we would not be here even if the tual justification, and in disregard of was a provision in the pending bill that Senate changed the legislation the known or obvious great risk. Basically, prevents anyone who is a victim of a House sent. That was irresponsible, and Mr. Speaker, the only conduct that faulty vaccine from being able to ob- the country will pay the price. This in- would permit a lawsuit under this defi- tain compensation in the courts. It stitution, unfortunately, will also pay nition is probably conduct so egregious says, in effect, that if you become seri- a price in terms of diminished respect as to be criminal in nature. ously ill because of mistakes in manu- from the people we were elected to rep- However, even this highly restrictive facturing that you lose your right to resent. definition of ‘‘willful misconduct’’ sue for compensation, but you can as This is a shameful and shabby way to doesn’t seem to have been enough re- an alternative seek compensation from end the worst session of Congress I striction on lawsuits to satisfy the au- the government. The problem is that have experienced in my 36 years in this thors of division E. They added yet an- no funds were provided, or no money House. So, Mr. Speaker, I most reluc- other provision that allows the Sec- was provided, for that fund. So anyone tantly withdraw my reservation, be- retary of HHS to promulgate regula- who gets sick would have to lobby Con- cause lodging an objection at this point tions further narrowing the scope of gress to put money in the fund before would simply delay the shameful inevi- actions that could give rise to a right they can collect. Thus, people injured table. to sue. Then there is yet another provi- lose their right to sue, but are not The SPEAKER pro tempore. Is there sion that says that if the conduct in guaranteed any alternative means of objection to the request of the gen- question is regulated under the Food covering their medical bills, lost earn- tleman from Virginia? and Drug Act or Public Health Service ings, and other costs. Mr. FITZPATRICK of Pennsylvania. Act, a lawsuit for willful misconduct Mr. Speaker, the committee system Mr. Speaker, further reserving the can be brought only if the Federal Gov- was created years ago to ensure that, right to object, last week as American ernment has taken enforcement action to protect the public interest, legisla- soldiers continued to bravely wage the against that conduct. tion would be carefully reviewed before war on terror in Iraq and Afghanistan, Finally, the language makes various it was placed before the body for con- the House of Representatives passed a changes to the normal rules of civil sideration. But that protection was ar- Defense appropriations bill containing procedure to add further obstacles and bitrarily bypassed by the leadership in a nongermane provision, language that difficulties in front of a potential both Houses. would open up the Arctic National plaintiff. In short, as a practical mat- This is the second time that this Wildlife Refuge to exploration. The ter, there is virtually no right for any- Congress has supinely done the bidding agreement to include ANWR in the De- one to sue about anything covered by a of the pharmaceutical industry in the fense appropriation turned what was secretarial determination under this dead of night. The first time a vote was essentially a bipartisan bill into a fight language. held open for 3 hours while the Repub- on the floor of both legislative bodies,

VerDate Aug 31 2005 05:01 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H22DE5.REC H22DE5 bajohnson on PROD1PC69 with CONG-REC-ONLINE December 22, 2005 CONGRESSIONAL RECORD — HOUSE H13183 placing at risk the timely funding of lion to replace damaged equipment, CONDITIONAL ADJOURNMENT TO our troops. Defense appropriations bills $1.2 billion for force protection, and MONDAY, DECEMBER 26, 2005 are historically the most protected $500 million to train new security Mr. SENSENBRENNER. Mr. Speak- type of legislation considered by the forces in Iraq and in Afghanistan. Also, er, I ask unanimous consent that when United States Congress. The Defense this legislation provides an essential the House adjourns today pursuant to bill is usually the first piece of appro- 3.1 percent military pay increase for this order, it adjourn to meet at 11 a.m. priations legislation passed by the our soldiers effective January 1, 2006. on Monday, December 26, 2005, unless it House and Senate, and its language is This legislation honors our military sooner has received a message from the kept clean from unnecessary and non- and is deserving of all of our support. Senate transmitting its adoption of germane add-ons and amendments. As good as this legislation is, Con- House Concurrent Resolution 326, in gress must remain vigilant in our re- That is why the addition of ANWR was which case the House shall stand ad- sponsibility to support our troops. The so surprising to so many Members. journed sine die pursuant to that con- Associated Press recently ran an arti- Prior to the vote earlier this week, I current resolution. wrote a letter to the Rules Committee cle questioning the amount of money The SPEAKER pro tempore. Is there chairman expressing in the strongest needed to address emergency combat objection to the request of the gen- terms possible my opposition and dis- operations in Iraq and Afghanistan. tleman from Wisconsin? appointment at the decision to place The article reported that the military There was no objection. informally indicated to the House ANWR in the bill before the House. Mr. f Speaker, I was not alone in my con- Armed Services Committee that they cern. Prior to Senate debate on the would need an additional 80 to $100 bil- OMISSION FROM THE CONGRES- House-approved Defense bill, a group of lion to fund operations in Iraq and Af- SIONAL RECORD OF SUNDAY, DE- high-ranking officers, including Gen- ghanistan. This request is made in ad- CEMBER 18, 2005 (BOOK II) AT eral Anthony Zinni, United States Ma- dition to the $50 billion appropriated PAGE H12641 rine Corps, sent a letter stating their through the Defense bill. This request CHAPTER 7 concern over ANWR’s inclusion in the is still being drafted by the Depart- DEPARTMENT OF TRANSPORTATION ment of Defense and will most likely legislation. FEDERAL HIGHWAY ADMINISTRATION come to the floor as an additional They wrote, and I quote: ‘‘With FEDERAL-AID HIGHWAYS spending package after we return next 160,000 troops fighting in Iraq, another (HIGHWAY TRUST FUND) 18,000 in Afghanistan and tens of thou- year. I call on my colleagues to support (RESCISSION) sands more around the world defending The conference agreement includes a re- this country, Congress must finish its this additional funding when it arrives in the House. We cannot afford to leave scission of $1,143,000,000 of the unobligated work and provide them the resources balances of funds apportioned to the States they need to do their job. We believe our military unprotected and under- under chapter 1 of title 23, United States that any effort to attach controversial funded, especially at this important Code, excluding safety programs and funds legislative language authorizing drill- time in our Nation’s history. set aside within the State for population Next week, Mr. Speaker, I will travel ing in the Arctic National Wildlife Ref- areas. The conferees direct the Federal High- to Iraq to see the progress the Iraqi se- uge to the Defense appropriations con- way Administration to administer the rescis- curity forces are making to take the sion by allowing each State maximum flexi- ference report will jeopardize fight to the insurgents and to take bility in making adjustments among the ap- Congress’s ability to provide our troops their nation’s future into their own portioned highway programs. and their families the resources they hands. I will also visit our troops to FEDERAL RAILROAD ADMINISTRATION need in a timely fashion.’’ EFFICIENCY INCENTIVE GRANTS TO THE They continued, saying that ‘‘the give them our thanks from a grateful NATIONAL RAILROAD PASSENGER CORPORATION passion and energy of the debate about Nation for the work that they are doing to fight the terrorists, to secure (RESCISSION) drilling in ANWR is well known, and a the nation and pave the way for a new The conference agreement rescinds testament to vibrant debate in our de- and vibrant democracy in Iraq. Our $8,300,000 from Efficiency Incentive Grants to mocracy. But it is not helpful to attach troops must have a clear understanding the National Railroad Passenger Corporation such a controversial nondefense legis- that our support for them is unwaver- and repeals section 135 of Division A of Pub- lative issue to a Defense appropriations ing. The American people must know lic Law 109–115. bill. It only invites delay for our troops that our support for our Armed Forces CHAPTER 8 as Congress debates an important, but is strong. That is why this legislation GOVERNMENT-WIDE RESCISSIONS controversial, nondefense issue on a must pass clean, devoid of any needless The conference agreement includes a 1 per- vital bill providing critical funding for add-ons. I call on my colleagues to sup- cent across-the-board rescission to discre- our Nation’s security.’’ port the legislation and pass the De- tionary budgetary resources provided in fis- As I speak, our brave men and women cal year 2006 regular appropriations Acts, as fense appropriation bill. well as to any previously enacted fiscal year in the Armed Forces are serving in With that, Mr. Speaker, I withdraw every corner of the globe. The work our 2006 advance appropriation and to any con- my reservation of objection. tract authority subject to limitation. The re- servicemen and -women do each day The SPEAKER pro tempore. Is there will create a safer world, a world where scission does not apply to the Department of objection to the request of the gen- Veterans Affairs or spending designated as liberty and democracy will take root in tleman from Virginia? an emergency requirement. regions of the world untouched by free- There was no objection. TITLE IV—HURRICANE EDUCATION dom and choice. Our military deserves The Clerk read the Senate concur- RECOVERY ACT our support and the best equipment, rent resolution, as follows: SUBTITLE A—ELEMENTARY AND SECONDARY training, armament, and reward our S. CON. RES. 74 EDUCATION HURRICANE RELIEF government can offer them. That is Resolved by the Senate (the House of Rep- The conference agreement includes lan- why I am here today, to lend my strong resentatives concurring), That, in the enroll- guage that authorizes assistance to elemen- support to the legislation. The Senate ment of the bill (H.R. 2863) making appro- tary and secondary students and schools im- made the right choice yesterday to priations for the Department of Defense for pacted by the hurricanes in the Gulf of Mex- strip this bill of unnecessary orna- the fiscal year ending September 30, 2006, and ico in calendar year 2005. Funding to carry ments. ANWR does not belong in the for other purposes, the Clerk of the House of out this authority is included in chapter 6 of Representatives shall make the following title 1. Defense bill, and I am proud to support corrections: the Senate version without it. SUBTITLE B—HIGHER EDUCATION HURRICANE Strike Division C, the American Energy RELIEF The Defense appropriation bill being Independence and Security Act of 2005 and The conference agreement includes tem- considered by the House today is a Division D, the Distribution of Revenues and porary waivers to and modifications of cer- good bill. It will enable our troops to Disaster Assistance. tain higher education act requirements in stand down as Iraqi security forces The Senate concurrent resolution order to provide flexibility to and ease finan- stand up. This legislation provides was concurred in. cial burdens on postsecondary students and $403.5 billion for our troops during this A motion to reconsider was laid on institutions impacted by the hurricanes in transition, equipping them with $8 bil- the table. the Gulf of Mexico in calendar year 2005.

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SUBTITLE C—EDUCATION AND RELATED The conference agreement clarifies activi- MARCY KAPTUR PROGRAMS HURRICANE RELIEF ties that are subject to section 205 of division (Except for ANWR The conference agreement includes lan- A of Public Law 109–115. provision and Divi- guage to extend certain deadlines of the indi- The conference agreement makes a tech- sion B and Division viduals with disabilities education act and nical correction to an economic development C as to 1% cuts and waivers relating to Head Start and the Child grant in Public Law 108–447. avian flu), Care and Development Block Grant. This The conference agreement makes technical CHET EDWARDS language is included to facilitate assistance corrections to economic development grants (Except for 1% cut), related to the hurricanes in the Gulf of Mex- in Public Law 109–115. DAVID R. OBEY ico in calendar year 2005. The conference agreement makes technical (Except for Division C, corrections to an economic development Division B as to 1% TITLE V—GENERAL PROVISIONS AND grant in Public Law 108–447. TECHNICAL CORRECTIONS cut and avian flu), The conference agreement precludes the Managers on the Part of the House. The conference agreement includes a pro- funds appropriated to the 2001 Emergency vision relating to the availability of funds. Supplemental Appropriations Act for Recov- TED STEVENS, The conference agreement includes a pro- ery from and Response to Terrorist Attacks THAD COCHRAN, vision relating to any reference to ‘‘this from being transferred to or from the Emer- ARLEN SPECTER, Act’’. gency Response Fund. PETE V. DOMENICI, The conference agreement includes a pro- KIT BOND, CONFERENCE TOTAL—WITH COMPARISON vision removing the authority to make fur- MITCH MCCONNELL, ther transfers to or from the Emergency Re- The total new budget (obligational) au- RICHARD C. SHELBY, sponse Fund. thority for the fiscal year 2006 recommended JUDD GREGG, The conference agreement includes a tech- by the Committee of Conference and com- KAY BAILEY HUTCHISON, nical correction regarding funds appro- parisons to the 2006 budget estimates for 2006 CONRAD BURNS. follow: priated to the Cooperative State Research f Education and Extension Service. [In thousands of dollars] The conference agreement includes a tech- CORRECTION TO THE CONGRES- Budget estimates of new 4,825,347 nical correction to the Energy and Water De- SIONAL RECORD OF SUNDAY, DE- (obligational) author- velopment Appropriations Act, 2005, relating CEMBER 18, 2005, AT PAGE H12232 ity, fiscal year 2006 to the Animas-La Plata project. Conference agreement, fis- ¥618,007 The conference agreement includes a tech- The previous vote referenced by Mr. cal year 2006 nical correction to the Energy and Water De- COLE of Oklahoma may be found in the Conference agreement velopment Appropriations Act, 2006, relating daily RECORD of April 20, 2005, on page compared with: to the San Gabriel Basin Restoration Fund. H2379. Budget estimates of new The conference agreement includes a tech- (obligational) author- f nical correction to the Energy and Water De- ity, fiscal year 2006 ...... ¥5,443,354 velopment Appropriations Act, 2006, relating CORRECTION TO THE CONGRES- to the Placer County, California, wastewater DIVISION C—AMERICAN ENERGY SIONAL RECORD OF SUNDAY, DE- treatment project. INDEPENDENCE AND SECURITY CEMBER 18, 2005, (BOOK II) AT The conference agreement includes a tech- The conference report includes division C PAGE H12337 nical correction to the Energy and Water De- concerning the lease of lands for oil and gas velopment Appropriations Act, 2006, relating exploration and production within a defined JOHN P. MURTHA, to the Central New Mexico Project. area of the Arctic National Wildlife Refuge. NORMAN D. DICKS The conference agreement includes a pro- DIVISION D—DISTRIBUTION OF (Except for Division C vision correcting an enrollment error in the REVENUES AND DISASTER ASSISTANCE as to ANWR), Energy and Water Development Appropria- MARTIN OLAV SABO The conference report includes division D, (Except for 1% cut in tions Act, 2006, relating to a Hurricane Pro- which provides for the distribution of reve- tection Study in Louisiana. Division B and Divi- nues derived from bonus, rental, and royalty sion C, The conference agreement includes a tech- receipts from federal oil and gas leasing and nical correction to the Energy and Water De- PETER J. VISCLOSKY operations within the Arctic National Wild- (Except for Division C velopment Appropriations Act, 2006, related life Refuge and from receipts derived from to the Western Area Power Administration. and Division B as to the Digital Television Transition and Public 1% cut and avian The conference agreement includes a gen- Safety Fund. eral provision making $50,000,000 available to flu section), the New York State Uninsured Employers DIVISION E JAMES P. MORAN Fund and $75,000,000 to the Centers for Dis- The conference agreement includes as divi- (Except for Division B ease Control and Prevention for purposes re- sion E the ‘‘Public Readiness and Emergency and Division C as to lated to the September 11, 2001 terrorist at- Preparedness Act’’. 1% cut, avian flu, tacks. These funds replace $125,000,000 in- BILL YOUNG, and ANWR provi- cluded in the supplemental appropriations DAVID HOBSON, sion), for New York State made following the Sep- HENRY BONILLA, MARCY KAPTUR tember 11th attacks that were unable to be R.P. FRELINGHUYSEN, (Except for ANWR spent for administering worker compensa- TODD TIAHRT, provision and Divi- tion claims and were rescinded in the regular ROGER F. WICKER, sion B and Division FY 2006 Labor-HHS-Education Appropria- JACK KINGSTON, C as to 1% cut and tions Act. KAY GRANGER, avian flu), The conference agreement includes lan- JAMES T. WALSH, CHET EDWARDS guage that amends the Flexibility for Dis- ROBERT B. ADERHOLT, (Except for 1% cut). placed Workers Act (Public Law 109–72) to JERRY LEWIS, f strike ‘‘Hurricane Katrina’’ and insert ‘‘hur- JOHN P. MURTHA, ricanes in the Gulf of Mexico in calendar NORMAN D. DICKS BILLS AND JOINT RESOLUTIONS year 2005’’ each place it appears. (Except for Division C APPROVED BY THE PRESIDENT The conference agreement includes a pro- as to ANWR), The President notified the Clerk of vision that amends section 124 of Public Law MARTIN OLAV SABO the House that on the following dates, 109–114. (Except for 1% cut in The conference agreement includes a pro- Division B and Divi- he had approved and signed bills and vision that amends section 128 of Public Law sion C), joint resolutions of the following titles: 109–114. PETER J. VISCLOSKY September 8, 2005: The conference agreement includes a pro- (Except for Division C H.R. 3673. An Act making further emer- vision that makes a technical correction to a and Division B as to gency supplemental appropriations to meet military construction project in Public Law 1% cut and avian immediate needs arising from the con- 109–114. flu section), sequences of Hurricane Katrina, for the fis- The conference agreement includes a pro- JAMES P. MORAN cal year ending September 30, 2005, and for vision that makes a technical correction to (Except for Division B other purposes. the short title of Public Law 109–114. and Division C as to September 9, 2005: The conference agreement makes technical 1% cut, avian flu H.R. 3650. An Act to allow United States corrections to the capital investment grants and ANWR provi- courts to conduct business during emergency listed in Public Law 109–115. sion), conditions, and for other purposes.

VerDate Aug 31 2005 05:01 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H22DE5.REC H22DE5 bajohnson on PROD1PC69 with CONG-REC-ONLINE December 22, 2005 CONGRESSIONAL RECORD — HOUSE H13185 September 20, 2005: November 8, 2005: H.R. 1972. An Act to direct the Secretary of H.R. 804. An Act to exclude from consider- H.R. 1409. An Act to amend the Foreign As- the Interior to conduct a special resource ation as income certain payments under the sistance Act of 1961 to provide assistance for study to determine the suitability and feasi- national flood insurance program. orphans and other vulnerable children in de- bility of including in the National Park Sys- H.R. 3669. An Act to temporarily increase veloping countries, and for other purposes. tem certain sites in Williamson County, Ten- the borrowing authority of the Federal November 10, 2005: nessee, relating to the Battle of Franklin. Emergency Management Agency for car- H.R. 2744. An Act making appropriations H.R. 1973. An Act to make access to safe rying out the national flood insurance pro- for Agriculture, Rural Development, Food water and sanitation for developing coun- gram. and Drug Administration, and Related Agen- tries a specific policy objective of the United September 21, 2005: cies for the fiscal year ending September 30, States foreign assistance programs, and for H.R. 3169. An Act to provide the Secretary 2006, and for other purposes. other purposes. of Education with waiver authority for stu- November 11, 2005: H.R. 2062. An Act to designate the facility dents who are eligible for Pell Grants who H.R. 2967. An Act to designate the Federal of the United States Postal Service located are adversely affected by a natural disaster. building located at 333 Mt. Elliott Street in at 57 West Street in Newville, Pennsylvania, H.R. 3668. An Act to provide the Secretary Detroit, Michigan, as the ‘‘Rosa Parks Fed- as the ‘‘Randall D. Shughart Post Office of Education with waiver authority for stu- eral Building’’. Building’’ . dents who are eligible for Federal student H.R. 3765. An Act to extend through March H.R. 2183. An Act to designate the facility grant assistance who are adversely affected 31, 2006, the authority of the Secretary of the of the United States Postal Service located by a major disaster. Army to accept and expend funds contrib- at 567 Thompkins Avenue in Staten Island, H.R. 3672. An Act to provide assistance to uted by non-Federal public entities and to New York, as the ‘‘Vincent Palladino Post families affected by Hurricane Katrina, expedite the processing of permits. Office’’ . through the program of block grants to November 14, 2005: H.R. 3853. An Act to designate the facility States for temporary assistance for needy H.R. 3057. An Act making appropriations of the United States Postal Service located families. for foreign operations, export financing, and at 208 South Main Street in Parkdale, Ar- September 23, 2005: related programs for the fiscal year ending H.R. 3761. An Act to provide special rules kansas, as the Willie Vaughn Post Office. September 30, 2006, and for other purposes. H.R. 4145. An Act to direct the Joint Com- for disaster relief employment under the November 19, 2005: Workforce Investment Act of 1998 for individ- mittee on the Library to obtain a statue of H.R. 2419. An Act making appropriations Rosa Parks and to place the statue in the uals displaced by Hurricane Katrina. for energy and water development for the fis- H.R. 3768. An Act to provide emergency tax United States Capitol in National Statuary cal year ending September 30, 2006, and for Hall, and for other purposes. relief for persons affected by Hurricane other purposes. Katrina. December 7, 2005: H.R. 4326. An Act to authorize the Sec- H.R. 584. An Act to authorize the Secretary September 29, 2005: retary of the Navy to enter into a contract H.R. 3649. An Act to ensure funding for of the Interior to recruit volunteers to assist for the nuclear refueling and complex over- sportfishing and boating safety programs with, or facilitate, the activities of various haul of the U.S.S. Carl Vinson (CVN–70). agencies and offices of the Department of the funded out of the Highway Trust Fund H.J. Res. 72. A joint resolution making fur- through the end of fiscal year 2005, and for Interior. ther continuing appropriations for the fiscal H.R. 680. An Act to direct the Secretary of other purposes. year 2006, and for other purposes. September 30, 2005: the Interior to convey certain land held in November 21, 2005: trust for the Paiute Indian Tribe of Utah to H.R. 2132. An Act to extend the waiver au- H.R. 4133. An Act to temporarily increase the City of Richfield, Utah, and for other thority of the Secretary of Education with the borrowing authority of the Federal purposes. respect to student financial assistance dur- Emergency Management Agency for car- H.R. 1101. An Act to revoke a Public Land ing a war or other military operation or na- rying out the national flood insurance pro- Order with respect to certain lands erro- tional emergency. gram. H.R. 2385. An Act to extend by 10 years the neously included in the Cibola National November 22, 2005: authority of the Secretary of Commerce to Wildlife Refuge, California. H.R. 2490. An Act to designate the facility conduct the quarterly financial report pro- December 18, 2005: of the United States Postal Service located gram. H.J. Res. 75. A joint resolution making fur- at 442 West Hamilton Street, Allentown, H.R. 3200. An Act to amend title 38, United ther continuing appropriations for the fiscal Pennsylvania, as the ‘‘Mayor Joseph S. States Code, to enhance the year 2006, and for other purposes. Daddona Memorial Post Office’’. Servicemembers’ Group Life Insurance pro- December 20, 2005: H.R. 2862. An Act making appropriations gram, and for other purposes. H.R. 2520. An Act to provide for the collec- for the Departments of State, Justice, and H.R. 3784. An Act to temporarily extend tion and maintenance of human cord blood Commerce, and related agencies for the fis- the programs under the Higher Education stem cells for the treatment of patients and cal year ending September 30, 2006, and for Act of 1965, and for other purposes. research, and to amend the Public Health H.R. 3864. An Act to provide vocational re- other purposes. H.R. 3339. An Act to designate the facility Service Act to authorize the C.W. Bill Young habilitation services to individuals with dis- Cell Transplantation Program. abilities affected by Hurricane Katrina or of the United States Postal Service located Hurricane Rita. at 2061 South Park Avenue in Buffalo, New f H.J. Res. 68. A joint resolution making York, as the ‘‘James T. Malloy Post Office Building’’. SENATE BILLS APPROVED BY THE continuing appropriations for the fiscal year PRESIDENT 2006, and for other purposes. November 30, 2005: October 4, 2005: H.R. 2528. An Act making appropriations The President notified the Clerk of H.R. 3667. An Act to designate the facility for military quality of life functions of the the House that on the following dates, of the United States Postal Service located Department of Defense, military construc- he had approved and signed bills of the tion, the Department of Veterans Affairs, at 200 South Barrington Street in Los Ange- Senate of the following titles: les, California, as the ‘‘Karl Malden Sta- and related agencies for the fiscal year end- tion’’. ing September 30, 2006, and for other pur- September 21, 2005. H.R. 3767. An Act to designate the facility poses. S. 252. An Act to direct the Secretary of of the United States Postal Service located H.R. 3058. An Act making appropriations the Interior to convey certain land in at 2600 Oak Street in St. Charles, illinois, as for the Departments of Transportation, Washoe County, Nevada, to the Board of Re- the ‘‘Jacob L. Frazier Post Office Building’’. Treasury, and Housing and Urban Develop- gents of the University and Community Col- October 7, 2005: ment, the Judiciary, District of Columbia, lege System of Nevada. H.R. 3863. An Act to provide the Secretary and independent agencies for the fiscal year S. 264. An Act to amend the Reclamation of Education with waiver authority for the ending September 30, 2006, and for other pur- Wastewater and Groundwater Study and Fa- reallocation rules in the Campus-Based Aid poses. cilities Act to authorize certain projects in programs, and to extend the deadline by December 1, 2005: the State of Hawaii. which funds have to be reallocated to insti- H.R. 126. An Act to amend Public Law 89– S. 276. An Act to revise the boundary of the tutions of higher education due to a natural 366 to allow for an adjustment in the number Wind Cave National Park in the State of disaster. of free roaming horses permitted in Cape South Dakota. October 18, 2005: Lookout National Seashore. September 29, 2005: H.R. 2360. An Act making appropriations H.R. 539. An Act to designate certain Na- S. 1340. An Act to amend the Pittman-Rob- for the Department of Homeland Security for tional Forest System land in the Common- ertson Wildlife Restoration Act to extend the fiscal year ending September 30, 2006, and wealth of Puerto Rico as components of the the date after which surplus funds in the for other purposes. National Wilderness Preservation System. wildlife restoration fund become available October 20, 2005: H.R. 606. An Act to authorize appropria- for apportionment. H.R. 3971. An Act to provide assistance to tions to the Secretary of the Interior for the S. 1368. An Act to extend the existence of individuals and States affected by Hurricane restoration of the Angel Island Immigration the Parole Commission, and for other pur- Katrina. Station in the State of California. poses.

VerDate Aug 31 2005 05:01 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H22DE5.REC H22DE5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H13186 CONGRESSIONAL RECORD — HOUSE December 22, 2005 September 30, 2005: SENATE BILLS REFERRED ing land within the Gila River Indian Com- S. 1752. An Act to amend the United States munity Reservation. Grain Standards Act to reauthorize that Act. Bills of the Senate of the following H.R. 4324. To amend the Robert T. Stafford October 7, 2005: titles were taken from the Speaker’s Disaster Relief and Emergency Assistance S. 1786. An Act to authorize the Secretary table and, under the rule, referred as Act to reauthorize the predisaster mitiga- of Transportation to make emergency air- follows: tion program, and for other purposes. port improvement project grants-in-aid S. 119. An act to provide for the protection H.R. 4436. To provide certain authorities under title 49, United States Code, for re- of unaccompanied alien children, and for for the Department of State, and for other pairs and costs related to damage from Hur- other purposes, to the Committee on the Ju- purposes. ricanes Katrina and Rita. diciary. Karen L. Haas, Clerk of the House, S. 1858. An Act to provide for community S. 716. An act to amend title 38, United also reports that on December 20, 2005, disaster loans. States Code, to enhance services provided by she presented to the President of the October 13, 2005: vet centers, to clarify and improve the provi- United States, for his approval, the fol- S. 1413. An Act to redesignate the Crowne sion of bereavement counseling by the De- Plaza in Kingston, Jamaica, as the Colin L. partment of Veterans Affairs, and for other lowing bills. Powell Residential Plaza. purposes; to the Committee on Veterans Af- H.J. Res. 38. Recognizing Commodore John October 26, 2005: fairs. Barry as the first flag officer of the United S. 55. An Act to adjust the boundary of S. 1182. An act to amend title 38, United States Navy. Rocky Mountain National Park in the State States Code, to improve health care for vet- H.R. 358. To require the Secretary of the of Colorado. erans, and for other purposes, to the Com- Treasury to mint coins in commemoration of S. 156. An Act to designate the Ojito Wil- mittee on Veterans Affairs. the 50th anniversary of the desegregation of derness Study Area as wilderness, to take S. 1184. An act to waive the passport fees the Little Rock Central High School in Lit- certain land into trust for the Pueblo of Zia, for a relative of a deceased member of the tle Rock, Arkansas, and for other purposes. and for other purposes. Armed Forces proceeding abroad to visit the H.R. 797. To amend the Native American S. 397. An Act to prohibit civil liability ac- grave of such member or to attend a funeral Housing Assistance and Self-Determination tions from being brought or continued or memorial service for such member; to the Act of 1996 and other Acts to improve hous- against manufacturers, distributors, dealers, Committee on International Relations. ing programs for Indians. H.R. 2520. To provide for the collection and or importers of firearms or ammunition for f damages, injunctive or other relief resulting maintenance of human cord blood stem cells from the misuse of their products by others. SENATE ENROLLED BILLS SIGNED for the treatment of patients and research, November 9, 2005: and to amend the Public Health Service Act The SPEAKER pro tempore, Mr. to authorize the C.W. Bill Young Cell Trans- S. 172. An Act to amend the Federal Food, OLF plantation Program. Drug, and Cosmetic Act to provide for the W , announced his signature to en- H.R. 3963. To amend the Federal Water Pol- regulation of all contact lenses as medical rolled bills of the Senate of the fol- lution Control Act to extend the authoriza- devices, and for other purposes. lowing titles: tion of appropriations for Long Island Sound. November 11, 2005: S. 205. An act to authorize the American H.R. 4195. To authorize early repayment of S. 37. An Act to extend the special postage Battle Monuments Commission to establish obligations to the Bureau of Reclamation stamp for breast cancer research for 2 years. in the State of Louisiana a memorial to within Rogue River Valley Irrigation Dis- honor the Buffalo Soldiers. S. 1285. An Act to designate the Federal trict or within Medford Irrigation District. S. 652. An act to provide financial assist- building located at 333 Mt. Elliott Street in H.R. 4440. To amend the Internal Revenue ance for the rehabilitation of the Benjamin Detroit, Michigan, as the ‘‘Rosa Parks Fed- Code of 1986 to provide tax benefits for the Franklin National Memorial in Philadelphia, eral Building’’. Gulf Opportunity Zone and certain areas af- Pennsylvania, and the development of an ex- November 22, 2005: fected by Hurricanes Rita and Wilma, and for hibit to commemorate the 300th anniversary S. 161. An Act to provide for a land ex- other purposes. of the birth of Benjamin Franklin. change in the State of Arizona between the H.R. 4508. To commend the outstanding ef- S. 1238. An act to amend the Public Lands Secretary of Agriculture and Yavapai Ranch forts in response to Hurricane Katrina by Corps Act of 1993 to provide for the conduct Limited Partnership. members and employees of the Coast Guard, of projects that protect forests, and for other S. 1234. An Act to increase, effective as of to provide temporary relief to certain per- purposes. December 1, 2005, the rates of compensation sons affected by such hurricane with respect S. 1281. An act to authorize the programs for veterans with service-connected disabil- to certain laws administered by the Coast of the National Aeronautics and Space Ad- ities and the rates of dependency and indem- Guard, and for other purposes. nity compensation for the survivors of cer- ministration. S. 1310. An act to authorize the Secretary tain disabled veterans. f S. 1713. An Act to make amendments to the of the Interior to allow the Columbia Gas Iran Nonproliferation Act to 2000 related to Transmission Corporation to increase the di- International space Station payments, and ameter of a natural gas pipeline located in SINE DIE ADJOURNMENT for other purposes. the Delaware Water Gap National Recreation Mr. SENSENBRENNER. Mr. Speak- S. 1894. An Act to amend part E of title IV Area, to allow certain commercial vehicles er, pursuant to the order of the House of the Social Security Act to provide for the to continue to use Route 209 within Delaware Water Gap National Recreation Area, and to of today, I move that the House do now making of foster care maintenance payments adjourn. to private for-profit agencies. extend the termination date of the National December 20, 2005: Park System Advisory Board to January 1, The motion was agreed to. S. 52. An Act to direct the Secretary of the 2007. The SPEAKER pro tempore. Accord- Interior to convey a parcel of real property S. 1481. An act to amend the Indian Land ingly, pursuant to the previous order of to Beaver County, Utah. Consolidation act to provide for probate re- the House of today, the House stands form. S. 136. An Act to authorize the Secretary of adjourned until 11 a.m. on Monday, De- S. 1892. An act to amend Public Law 107–153 the Interior to provide supplemental funding cember 26, 2005, unless it sooner has re- to modify a certain date. and other services that are necessary to as- S. 1988. An act to authorize the transfer of ceived a message or messages from the sist certain local school districts in the items in the War Reserves Stockpile for Al- Senate transmitting its adoption of State of California in providing educational lies, Korea. House Concurrent Resolution 326, in services for students attending schools lo- which case the House shall stand ad- cated within Yosemite National Park, to au- f thorize the Secretary of the Interior to ad- journed sine die pursuant to House just the boundaries of the Golden Gate Na- BILLS PRESENTED TO THE Concurrent Resolution 326. tional Recreation Area, to adjust the bound- PRESIDENT Thereupon (at 4 o’clock and 36 min- aries of Redwood National Park, and for Karen L. Haas, Clerk of the House, utes p.m.), pursuant to the previous other purposes. reports that on December 17, 2005, she order of the House of today, the House S. 212. An Act to amend the Valles Caldera adjourned until 11 a.m. on Monday, De- Preservation Act to improve the preserva- presented to the President of the United States, for his approval, the fol- cember 26, 2005, unless it sooner has re- tion of the Valles Caldera, and for other pur- ceived a message or messages from the poses. lowing bills. Senate transmitting its adoption of S. 279. An Act to amend the Act of June 7, H.J. Res. 75. Making further continuing ap- 1924, to provide for the exercise of criminal propriations for the fiscal year 2006, and for House Concurrent Resolution 326, in jurisdiction. other purposes. which case the House shall stand ad- S. 1886. An Act to authorize the transfer of H.R. 327. To allow binding arbitration journed sine die pursuant to House naval vessels to certain foreign recipients. clauses to be included in all contracts affect- Concurrent Resolution 326.

VerDate Aug 31 2005 05:01 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H22DE5.REC H22DE5 bajohnson on PROD1PC69 with CONG-REC-ONLINE December 22, 2005 CONGRESSIONAL RECORD — HOUSE H13187 EXECUTIVE COMMUNICATIONS, 4] received December 20, 2005, pursuant to 5 gomery County, Tennessee Portion of the ETC. U.S.C. 801(a)(1)(A); to the Committee on En- Clarksville-Hopkinsville 8-Hour Ozone Non- ergy and Commerce. attainment Area to Attainment; Correction Under clause 8 of rule XII, executive 5920. A letter from the Principal Deputy [R04-OAR-2005-TN-0007-200536; FRL-8014-3] re- communications were taken from the Associate Administrator, Environmental ceived December 21, 2005, pursuant to 5 Speaker’s table and referred as follows: Protection Agency, transmitting the Agen- U.S.C. 801(a)(1)(A); to the Committee on En- 5911. A letter from the Principal Deputy cy’s final rule — Approval and Promulgation ergy and Commerce. Associate Administrator, Environmental of Implementation Plans; Tennessee; 5928. A letter from the Principal Deputy Protection Agency, transmitting the Agen- Ntirogen Oxides Budget and Allowance Trad- Associate Administrator, Environmental cy’s final rule — Extension of Tolerances for ing Program, Phase II [R04-OAR-2005-TN- Prtoection Agency, transmitting the Agen- Emergency Exemptions (Multiple Chemicals) 0005-200522(a); FRL-8015-2] received December cy’s ‘‘Major’’ final rule — National Primary [EPA-HQ-OPP-2005-0292; FRL-7749-4] received 20, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Drinking Water Regulations: Stage 2 Dis- December 20, 2005, pursuant to 5 U.S.C. the Committee on Energy and Commerce. infectants and Disinfection Byproducts Rule 5921. A letter from the Principal Deputy 801(a)(1)(A); to the Committee on Agri- [EPA-HQ-OW-2002-0043; FRL-8012-1] (RIN: Associate Administrator, Environmental culture. 2040-AD38) received December 20, 2005, pursu- Protection Agency, transmitting the Agen- 5912. A letter from the Principal Deputy ant to 5 U.S.C. 801(a)(1)(A); to the Committee cy’s final rule — Approval and Promulgation Associate Administrator, Environmental on Energy and Commerce. of Implementation Plans; Tennessee and 5929. A letter from the Legal Advisor to the Protection Agency, transmitting the Agen- Nasville-Davidson County; Approval of Revi- Bureau Chief, Media Bureau, Federal Com- cy’s final rule — Dichlomid; Extension of sions to the State Implementation Plan munications Commission, transmitting the Time-Limited Pesticide Tolerance [EPA-HQ- [R04-OAR-2005-TN-0004-200526(a); FRL-8014-6] Commission’s final rule — Amendment of OPP-2005-0477; FRL-7753-9] received Decem- received December 20, 2005, pursuant to 5 Section 73.202(b), FM Table of Allotments, ber 21, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); U.S.C. 801(a)(1)(A); to the Committee on En- FM Broadcast Stations. (Fruit Cove and St. to the Committee on Agriculture. ergy and Commerce. Augustine, Florida) [MB Docket No. 05-244, 5913. A letter from the Comptroller, De- 5922. A letter from the Principal Deputy RM-11257] received December 22, 2005, pursu- partment of Defense, transmitting the De- Associate Administrator, Environmental ant to 5 U.S.C. 801(a)(1)(A); to the Committee partment’s quarterly report as of September Protection Agency, transmitting the Agen- on Energy and Commerce. 30, 2005, entitled, ‘‘Acceptance of contribu- cy’s final rule — Approval and Promulgation 5930. A letter from the Legal Advisor to the tions for defense programs, projects and ac- of Implementation Plans; Alabama; Nitrogen Bureau Chief, Media Bureau, Federal Com- tivities; Defense Cooperation Account,’’ pur- Oxides Budget and Allowance Trading Pro- munications Commission, transmitting the suant to 10 U.S.C. 2608; to the Committee on gram, Phase II [R04-OAR-2005-AL-0001- Commission’s final rule — Amendment of Armed Services. 200520a; FRL-8014-9] received December 20, Section 73.202(b) Table of Allotments, FM 5914. A letter from the Regulations Coordi- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Broadcast Stations. (Victoria, George West, nator, Department of Health and Human Committee on Energy and Commerce. and Three Rivers, Texas) [MB Docket No. 03- Services, transmitting the Department’s 5923. A letter from the Principal Deputy 56, RM-10662, RM-10775] received December final rule — Simplification of the Grant Ap- Associate Administrator, Environmental 22, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to peals Process (RIN: 0906-AA69) received De- Protection Agency, transmitting the Agen- the Committee on Energy and Commerce. cember 22, 2005, pursuant to 5 U.S.C. cy’s final rule — Approval and Promulgation 5931. A letter from the Legal Advisor to the 801(a)(1)(A); to the Committee on Energy and of Air Quality Implementation Plans; Vir- Bureau Chief, Media Bureau, Federal Com- Commerce. ginia; Redesignation of the Shenandoah Na- munications Commission, transmitting the 5915. A letter from the Principal Deputy tional Park Ozone Nonattainment Area to Commission’s final rule — Amendment of Associate Administrator, Environmental Attainment and Approval of the Area’s Section 73.202(b), Table of Allotments, FM Protection Agency, transmitting the Agen- Maintenance Plan [EPA-R03-OAR-2005-VA- Broadcast Stations. (Grand Portage, Min- cy’s final rule — Regulation of Fuel and Fuel 0013; FRL-8012-3] received December 20, 2005, nesota) [MB Docket No. 04-339, RM-11060] re- Additives: Extension of California Enforce- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived December 22, 2005, pursuant to 5 ment Exemptions for Reformulated Gasoline mittee on Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on En- to California Phase 3 Gasoline [OAR-2003- 5924. A letter from the Principal Deputy ergy and Commerce. 0217; FRL-8011-4] (RIN: 2060-AK04) received Associate Administrator, Environmental 5932. A letter from the Legal Advisor to the December 20, 2005, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- Bureau Chief, Media Bureau, Federal Com- 801(a)(1)(A); to the Committee on Energy and cy’s final rule — Approval and Promulgation munications Commission, transmitting the Commerce. of Air Quality Implementation Plans; Vir- Commission’s final rule — Amendment of 5916. A letter from the Principal Deputy ginia; Redesignation of the City of Fred- Section 73.202(b), Table of Allotments, FM Associate Administrator, Environmental ericksburg, Spotsylvania County, and Staf- Broadcast Stations. (LaGrange, Greenville Protection Agency, transmitting the Agen- ford County Ozone Nonattainment Area to and Waverly Hall, Georgia) [MB Docket No. cy’s ‘‘Major’’ final rule — National Primary Attainment and Approval of the Area’s 03-233, RM-10813] received December 22, 2005, Drinking Water Regulations: Long Term 2 Maintenance Plan [EPA-R03-OAR-2005-VA- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Enhanced Surface Water Treatment Rule 0007; FRL-8012-2] received December 20, 2005, mittee on Energy and Commerce. [EPA-HQ-OW-2002-0039; FRL-8013-1] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5933. A letter from the Legal Advisor to the 2040-AD37) received December 20, 2005, pursu- mittee on Energy and Commerce. Bureau Chief, Media Bureau, Federal Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5925. A letter from the Principal Deputy munications Commission, transmitting the on Energy and Commerce. Associate Administrator, Environmental Commission’s final rule — Amendment of 5917. A letter from the Principal Deputy Protection Agency, transmitting the Agen- Section 73.202(b), Table of Allotments, FM Associate Administrator, Environmental cy’s final rule — Approval and Promulgation Broadcast Stations. (Caseville and Pigeon, Protection Agency, transmitting the Agen- of Air Quality Implementation Plans; Mon- Michigan) [MM Docket No. 01-229] (Harbor cy’s final rule — National Emissions Stand- tana; Revisions to the Emergency Episode Beach and Lexington, Michigan) [MM Dock- ards for Hazardous Air Pollutants: Miscella- Avoidance Plan; Direct Final Rule [EPA-R08- et No. 01-231] received December 22, 2005, pur- neous Coating Manufacturing [OAR-2003-0178; OAR-2005-MT-0002, FRL-8012-8] received De- suant to 5 U.S.C. 801(a)(1)(A); to the Com- FRL-8011-6] (RIN: 2060-AM72) received De- cember 20, 2005, pursuant to 5 U.S.C. mittee on Energy and Commerce. cember 20, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and 5934. A letter from the Legal Advisor to the 801(a)(1)(A); to the Committee on Energy and Commerce. Bureau Chief, Media Bureau, Federal Com- Commerce. 5926. A letter from the Principal Deputy munications Commission, transmitting the 5918. A letter from the Principal Deputy Associate Administrator, Environmental Commission’s final rule — Amendment of Associate Administrator, Environmental Protection Agency, transmitting the Agen- Section 73.202(b), Table of Allotments, FM Protection Agency, transmitting the Agen- cy’s final rule — Delegation of New Source Broadcast Stations. (Holdenville and Pauls cy’s final rule — National Emission Stand- Performance Standards and National Emis- Valley, Oklahoma) [MM Docket No. 01-180, ards for Hazardous Air Pollutants for Indus- sion Standards for Hazardous Air Pollutants RM-10200, RM-11018] received December 22, trial, Commercial, and Institutional Boilers for States of Arizona, California, Hawaii, and 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Process Heaters: Reconsideration [OAR- Nevada [AZ, CA, HI, NV-075-NSPS; FRL-7013- Committee on Energy and Commerce. 2002-058; FRL-8011-5] (RIN: 2060-AM97) re- 4] received December 21, 2005, pursuant to 5 5935. A letter from the Legal Advisor/Chief, ceived December 20, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on En- WTB, Federal Communications Commission, U.S.C. 801(a)(1)(A); to the Committee on En- ergy and Commerce. transmitting the Commission’s ‘‘Major’’ ergy and Commerce. 5927. A letter from the Principal Deputy final rule — Amendment of Part 22 of the 5919. A letter from the Principal Deputy Associate Administrator, Environmental Rules To Benefit the Consumers of Air- Associate Administrator, Environmental Protection Agency, transmitting the Agen- Ground Telecommunications Services [Dock- Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation et No. 03-103] Amendment of Parts 1 and 22 of cy’s final rule — Hazardous Waste Manage- of Implementation Plans and Designation of the Rules To Adopt Competitive Bidding ment System; Identification and Listing of Areas for Air Quality Planning Purposes; Rules for Commercial and General Aviation Hazardous Waste; Final Exclusion [FRL-8012- Tennessee; Redesignation of the Mont- Air-Ground Radiotelephone Service [Docket

VerDate Aug 31 2005 05:01 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H22DE5.REC H22DE5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H13188 CONGRESSIONAL RECORD — HOUSE December 22, 2005 No. 05-42] Application of Verizon Airfone Inc. 5944. A letter from the Trial Attorney, Revenue Service, transmitting the Service’s for Renewal of 800 MHz Air-Ground Radio- FRA, Department of Transportation, trans- final rule — Allocation of income and deduc- telephone License, Call Sign KNKG804 (File mitting the Department’s final rule — Track tions among taxpayers (Rev. Proc. 2006-9) re- No. 0001716212) received December 22, 2005, Standards; Inspection of Joints in Contin- ceived December 22, 2005, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- uous Welded Rail (CWR) [Docket No. FRA U.S.C. 801(a)(1)(A); to the Committee on mittee on Energy and Commerce. 2005-22522] (RIN: 2130-AB71) received Decem- Ways and Means. 5936. A letter from the Assistant Bureau ber 20, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Chief, Enforcement Bureau, Federal Commu- to the Committee on Transportation and In- f nications Commission, transmitting the frastructure. Commission’s final rule — Review of the 5945. A letter from the Acting Chief, Publi- REPORTS OF COMMITTEES ON Emergency Alert System [EB Docket No. 04- cations and Regulations Branch, Internal PUBLIC BILLS AND RESOLUTIONS 296] received December 22, 2005, pursuant to 5 Revenue Service, transmitting the Service’s U.S.C. 801(a)(1)(A); to the Committee on En- final rule — Extension of Transition Relief Under clause 2 of rule XIII, reports of ergy and Commerce. for Certain Partnerships and Other Pass- committees were delivered to the Clerk 5937. A letter from the Secretary, Depart- Thru Entities [Notice 2006-2] received De- for printing and reference to the proper ment of the Interior, transmitting the semi- cember 22, 2005, pursuant to 5 U.S.C. calendar, as follows: annual report on the activities of the Office 801(a)(1)(A); to the Committee on Ways and of Inspector General for the period April 1, Means. [Filed on December 22, 2005] 2005, through September 30, 2005, pursuant to 5946. A letter from the Acting Chief, Publi- Mr. YOUNG of Alaska: Committee on 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to cations and Regulations Branch, Internal Transportation and Infrastructure. H.R. 4438. the Committee on Government Reform. Revenue Service, transmitting the Service’s A bill to establish special rules with respect 5938. A letter from the Assistant Secretary, final rule — Transfer to Corporation Con- to certain disaster assistance provided for Land Minerals Management, Department of trolled by Transferor (Rev. Rul. 2006-2) re- Hurricane Katrina and Hurricane Rita (Rept. the Interior, transmitting the Department’s ceived December 22, 2005, pursuant to 5 109–364). Referred to the Committee of the final rule — Oil and Gas and Sulfur Oper- U.S.C. 801(a)(1)(A); to the Committee on Whole House on the State of the Union. ations on the Outer Continental Shelf (OCS) Ways and Means. — Suspension of Operations (SOO) for Ultra- 5947. A letter from the Chief, Publications f deep Drilling (RIN: 1010-AD09) received De- and Regulations Branch, Internal Revenue cember 20, 2005, pursuant to 5 U.S.C. Service, transmitting the Service’s final rule 801(a)(1)(A); to the Committee on Resources. — Section 1374 Effective Dates [TD 9236] PUBLIC BILLS AND RESOLUTIONS 5939. A letter from the Regulations Coordi- (RIN: 1545-BD95) received December 22, 2005, Under clause 2 of rule XII, public nator, Department of Health and Human pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- bills and resolutions were introduced Services, transmitting the Department’s mittee on Ways and Means. and severally referred, as follows: final rule — Procedures for Designating 5948. A letter from the Acting Chief, Publi- Classes of Employees as Members of the Spe- cations and Regulations Branch, Internal By Mr. SENSENBRENNER: cial Exposure Cohort under the Energy Em- Revenue Service, transmitting the Service’s H.R. 4647. A bill to amend the USA PA- ployees Occupational Illness Compensation final rule — Obligations of States and Polit- TRIOT Act to extend the sunset of certain Program Act of 2000, Amendments — re- ical Subdivisions [TD 9234] (RIN: 1545-AU98) provisions of such Act; to the Committee on ceived December 22, 2005, pursuant to 5 received December 22, 2005, pursuant to 5 the Judiciary, and in addition to the Com- U.S.C. 801(a)(1)(A); to the Committee on the U.S.C. 801(a)(1)(A); to the Committee on mittee on Intelligence (Permanent Select), Judiciary. Ways and Means. for a period to be subsequently determined 5940. A letter from the Program Analyst, 5949. A letter from the Acting Chief, Publi- by the Speaker, in each case for consider- FAA, Department of Transportation, trans- cations and Regulations Branch, Internal ation of such provisions as fall within the ju- mitting the Department’s final rule — Air- Revenue Service, transmitting the Service’s risdiction of the committee concerned. worthiness Directives; Boeing Model 737-600, final rule — Acceptance Agent Revenue Pro- By Mr. FOSSELLA: -700, -700C, and -800 Series Airplanes [Docket cedure (Rev. Proc. 2006-10) received Decem- H.R. 4648. A bill to prohibit assistance to No. FAA-2005-23176; Directorate Identifier ber 22, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Lebanon unless the Government of Lebanon 2005-NM-220-AD; Amendment 39-14396; AD to the Committee on Ways and Means. extradites Mohammed Ali Hammadi to the 2005-25-03] (RIN: 2120-AA64) received Decem- 5950. A letter from the Acting Chief, Publi- United States; to the Committee on Inter- ber 20, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); cations and Regulations Branch, Internal national Relations, and in addition to the to the Committee on Transportation and In- Revenue Service, transmitting the Service’s Committee on Ways and Means, for a period frastructure. final rule — Last-in, First-out Inventories to be subsequently determined by the Speak- 5941. A letter from the Paralegal, FTA, De- (Rev. Rul. 2005-79) received December 22, 2005, er, in each case for consideration of such pro- partment of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- visions as fall within the jurisdiction of the the Department’s final rule — Organization, mittee on Ways and Means. committee concerned. Functions, and Procedures [Docket FTA- 5951. A letter from the Acting Chief, Publi- By Mrs. BIGGERT: 2005-22705] (RIN: 2132-AA79) received Decem- cations and Regulations Branch, Internal H.R. 4649. A bill to authorize the Secretary ber 20, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Revenue Service, transmitting the Service’s of Education to provide assistance to local to the Committee on Transportation and In- final rule — Definition of Regulated Invest- educational agencies serving homeless chil- frastructure. ment Company (Rev. Rul. 2006-1) received dren and youths displaced by Hurricane 5942. A letter from the Attorney, FRA, De- December 22, 2005, pursuant to 5 U.S.C. Katrina, Rita, or Wilma; to the Committee partment of Transportation, transmitting 801(a)(1)(A); to the Committee on Ways and on Education and the Workforce. the Department’s final rule — Technical Means. By Mr. DUNCAN (for himself, Ms. Amendments to Standards for Development 5952. A letter from the Acting Chief, Publi- EDDIE BERNICE JOHNSON of Texas, Mr. and Use of Processor-Based Signal and Train cations and Regulations Branch, Internal YOUNG of Alaska, Mr. OBERSTAR, Mr. Control Systems; Correction [Docket No. Revenue Service, transmitting the Service’s BOUSTANY, Mr. BAKER, and Mr. FRA-2001-10160] (RIN: 2130-AA94) received De- final rule — Determination of Issue Price in MELANCON): cember 20, 2005, pursuant to 5 U.S.C. the Case of Certain Debt Instruments Issued H.R. 4650. A bill to direct the Secretary of 801(a)(1)(A); to the Committee on Transpor- for Property (Rev. Rul. 2006-4) received De- the Army to carry out programs and activi- tation and Infrastructure. cember 22, 2005, pursuant to 5 U.S.C. ties to enhance the safety of levees in the 5943. A letter from the Trial Attorney, 801(a)(1)(A); to the Committee on Ways and United States; to the Committee on Trans- FRA, Department of Transportation, trans- Means. portation and Infrastructure. mitting the Department’s final rule — Revi- 5953. A letter from the Acting Chief, Publi- By Mrs. LOWEY: sion of Method for Calculating Monetary cations and Regulations Branch, Internal H.R. 4651. A bill to require equitable cov- Threshold for Reporting Rail Equipment Ac- Revenue Service, transmitting the Service’s erage of prescription contraceptive drugs and cidents/Incidents; Announcement of Report- final rule — Business entities; definitions devices, and contraceptive services under ing Threshold for Calendar Year 2006 [FRA- (Rev. Rul. 2006-3) received December 22, 2005, health plans; to the Committee on Energy 2005-20680, Notice No. 2] (RIN: 2130-AB65) re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Commerce, and in addition to the Com- ceived December 20, 2005, pursuant to 5 mittee on Ways and Means. mittee on Education and the Workforce, for U.S.C. 801(a)(1)(A); to the Committee on 5954. A letter from the Acting Chief, Publi- a period to be subsequently determined by Transportation and Infrastructure. cations and Regulations Branch, Internal the Speaker, in each case for consideration

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of such provisions as fall within the jurisdic- court approved warrants; to the Committee H. Con. Res. 314: Mr. ETHERIDGE and Mr. tion of the committee concerned. on the Judiciary. GEORGE MILLER of California. By Mr. STUPAK: By Mr. WEXLER: H. Con. Res. 317: Mr. BLUMENAUER, Mr. H.R. 4652. A bill to provide Medicare bene- H. Res. 645. A resolution requesting the SERRANO, and Mr. MCGOVERN. ficiaries with access to prescription drugs at President and directing the Secretary of De- H. Res. 605: Mr. ENGLISH of Pennsylvania. Federal Supply Schedule prices; to the Com- fense to transmit to the House of Represent- H. Res. 635: Ms. WATERS, Ms. ZOE LOFGREN mittee on Energy and Commerce, and in ad- atives all information in the possession of of California, Ms. WOOLSEY, Mr. RANGEL, Ms. dition to the Committee on Ways and Means, the President or the Secretary of Defense re- JACKSON-LEE of Texas, Mrs. CAPPS, and Mr. for a period to be subsequently determined lating to the collection of intelligence infor- PAYNE. by the Speaker, in each case for consider- mation pertaining to persons inside the H. Res. 636: Ms. WATERS, Ms. ZOE LOFGREN ation of such provisions as fall within the ju- United States without obtaining court-or- of California, Ms. WOOLSEY, and Mr. RANGEL. risdiction of the committee concerned. dered warrants authorizing the collection of H. Res. 637: Ms. WATERS, Ms. ZOE LOFGREN By Mr. WAXMAN: such information and relating to the policy of California, Ms. WOOLSEY, Mr. RANGEL, and H.R. 4653. A bill to repeal a prohibition on of the United States with respect to the Ms. JACKSON-LEE of Texas. the use of certain funds for tunneling in cer- gathering of counterterrorism intelligence H. Res. 641: Mr. THOMPSON of Mississippi, tain areas with respect to the Los Angeles to within the United States; to the Committee Mr. MARKEY, and Mr. CONYERS. San Fernando Valley Metro Rail project, on Armed Services. California; to the Committee on Transpor- f tation and Infrastructure. f By Ms. ROS-LEHTINEN (for herself ADDITIONAL SPONSORS PETITIONS, ETC. and Mr. LANTOS): H. Con. Res. 329. Concurrent resolution ex- Under clause 7 of rule XII, sponsors Under clause 3 of rule XII, petitions pressing the sense of Congress regarding the were added to public bills and resolu- and papers were laid on the clerk’s activities of Islamist terrorist organizations tions as follows: desk and referred as follows: in the Western Hemisphere; to the Com- H.R. 267: Mr. STEARNS. 101. The SPEAKER presented a petition of mittee on International Relations. H.R. 283: Mr. WYNN. the citizens of the town of Norman, Okla- By Mrs. TAUSCHER (for herself and H.R. 333: Mr. EVANS. homa and the citizens of the town of Blan- Mr. CONYERS): H.R. 752: Mr. HOLDEN and Mr. NADLER. chard, Oklahoma, relative to a petition en- H. Con. Res. 330. Concurrent resolution ex- H.R. 780: Mr. STRICKLAND. pressing the concern of Congress that the couraging the Congress of the United States H.R. 925: Mr. CAMPBELL of California. to insist on an exit strategy from Iraq with President’s 2002 order authorizing electronic H.R. 1106: Mr. FILNER and Mr. THOMPSON of surveillance of United States persons with- a timeline; to the Committee on Inter- California. national Relations. out a warrant violates existing law prohib- H.R. 1562: Mr. ENGLISH of Pennsylvania. iting such electronic surveillance, and for 102. Also, a petition of the Canadian House H.R. 1696: Mr. SHAYS. of Commons, relative to a resolution encour- other purposes; to the Committee on the Ju- H.R. 2231: Mr. TOM DAVIS of Virginia. aging the Congress of the United States to diciary, and in addition to the Committee on H.R. 2327: Mr. MEEHAN. reject any initiative which would require Ca- Intelligence (Permanent Select), for a period H.R. 2345: Mr. PASTOR and Mr. WAXMAN. nadian or American citizens to present their to be subsequently determined by the Speak- H.R. 2470: Mr. ENGLISH of Pennsylvania and passports when crossing the border; to the er, in each case for consideration of such pro- Mr. MCCOTTER. Committee on the Judiciary. visions as fall within the jurisdiction of the H.R. 2533: Mr. DANIEL E. LUNGREN of Cali- 103. Also, a petition of the Legislature of committee concerned. fornia. Rockland County, New York, relative to Res- By Mr. CONYERS (for himself, Mr. H.R. 2717: Mr. SOUDER. olution No. 554 requesting the Congress of BERMAN, Mr. BOUCHER, Mr. NADLER, H.R. 3006: Ms. Moore of Wisconsin and Mr. the United States pass S.1060 and H.R.414, A Mr. SCOTT of Virginia, Ms. ZOE HOYER. Bill To Amend The Internal Revenue Code Of LOFGREN of California, Ms. JACKSON- H.R. 3254: Mr. TOWNS and Ms. SOLIS. 1986 To Allow A Credit Against Income Tax LEE of Texas, Ms. WATERS, Mr. MEE- H.R. 3697: Mr. ANDREWS. For The Purchase Of Hearing Aids; to the HAN, Mr. DELAHUNT, Mr. WEXLER, Mr. H.R. 3936: Mr. SCHIFF. Committee on Ways and Means. WEINER, Mr. SCHIFF, Ms. LINDA T. H.R. 4033: Mrs. KELLY. SA´ NCHEZ of California, Mr. VAN H.R. 4042: Mr. BOOZMAN. f HOLLEN, Ms. WASSERMAN SCHULTZ, H.R. 4081: Mr. SENSENBRENNER. Mr. KENNEDY of Rhode Island, Mr. H.R. 4173: Mr. TOWNS. DOGGETT, Mr. MCDERMOTT, Mr. FIL- H.R. 4217: Ms. GRANGER and Mr. SENSEN- DISCHARGE PETITIONS— NER, Mr. MARKEY, Ms. SCHAKOWSKY, BRENNER. ADDITIONS OR DELETIONS Ms. LEE, Mrs. TAUSCHER, Ms. MCCOL- H.R. 4229: Mr. VAN HOLLEN. The following Members added their LUM of Minnesota, Mr. UDALL of New H.R. 4272: Mr. THOMPSON of California. names to the following discharge peti- Mexico, and Mr. HOLT): H.R. 4424: Mr. CUELLAR. H. Res. 643. A resolution directing the At- H.R. 4447: Ms. SOLIS and Mr. RANGEL. tions: torney General to submit to the House of H.R. 4460: Mr. ENGLISH of Pennsylvania. Petition 4 by Ms. SLAUGHTER on House Representatives all documents in the posses- H.R. 4492: Mr. RANGEL. Resolution 460: Brad Sherman. sion of the Attorney General relating to H.R. 4506: Mr. AL GREEN of Texas, Mrs. Petition 5 by Mr. WAXMAN on House Res- warrantless electronic surveillance of tele- LOWEY, and Mr. KENNEDY of Rhode Island. olution 537: Brad Sherman. phone conversations and electronic commu- H.R. 4507: Ms. WASSERMAN SCHULTZ. Petition 6 by Mr. ABERCROMBIE on nications of persons in the United States H.R. 4540: Mr. BAIRD and Ms. EDDIE BER- House Resolution 543: Michael H. Michaud, conducted by the National Security Agency; NICE JOHNSON of Texas. Ike Skelton, and Carolyn McCarthy. to the Committee on the Judiciary. H.R. 4629: Mr. SNYDER. Petition 8 by Mr. WAXMAN on House Res- By Ms. SLAUGHTER: H.R. 4641: Mr. DOOLITTLE. olution 570: Brad Sherman. H. Res. 644. A resolution requesting the H. Con. Res. 10: Mrs. TAUSCHER. Petition 9 by Mr. BOSWELL on House Res- President and directing the Attorney Gen- H. Con. Res. 137: Mr. ROYCE. olution 584: Gene Green, Neil Abercrombie, eral to transmit to the House of Representa- H. Con. Res. 282: Ms. SCHAKOWSKY. Michael H. Michaud, Rick Larsen, and Caro- tives not later than 14 days after the date of H. Con. Res. 296: Ms. ZOE LOFGREN of Cali- lyn McCarthy. the adoption of this resolution documents in fornia, Mr. SMITH of New Jersey, Ms. Petition 10 by Ms. HERSETH on House the possession of those officials relating to DELAURO, Ms. WOOLSEY, Mr. MENENDEZ, Mr. Resolution 585: Gene Green, Brad Sherman, the authorization of electronic surveillance LEWIS of Georgia, and Mr. MILLER of North Neil Abercrombie, Michael H. Michaud, Rick of citizens of the United States without Carolina. Larsen, and Carolyn McCarthy.

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Vol. 151 WASHINGTON, THURSDAY, DECEMBER 22, 2005 No. 168 Senate The Senate met at 8 p.m. and was devotion and patient understanding, come. We pray in Your loving Name. called to order by the Honorable JOHN for all these we lift our voices in Amen. WARNER, a Senator from the State of praise. Virginia. Lord, as we observe the traditions f and keep the customs of this season, PRAYER make us thankful and keep us humble. The Chaplain, Dr. Barry C. Black, of- Keep us mindful of our many spiritual PLEDGE OF ALLEGIANCE blessings so we will not forget the rea- fered the following prayer: The Honorable JOHN WARNER led the Let us pray. son for this season. Give us eyes to see Pledge of Allegiance, as follows: Spirit of Holiness, we thank You for Your stars and ears to hear the song of the joyous gift of the holidays that are the angels. I pledge allegiance to the Flag of the beyond price. For friends who grow Bless our Senators with generous’ United States of America, and to the Repub- dearer through the passing years, for hearts. Let the kindly holiday spirit lic for which it stands, one nation under God, the homes we call our own, for loyal penetrate all our deeds in the days to indivisible, with liberty and justice for all.

NOTICE If the 109th Congress, 1st Session, adjourns sine die on or before December 22, 2005, a final issue of the Congres- sional Record for the 109th Congress, 1st Session, will be published on Friday, December 30, 2005, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Thursday, December 29. The final issue will be dated Friday, December 30, 2005, and will be delivered on Tuesday, January 3, 2006. Both offices will be closed Monday, December 26, 2005. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. TRENT LOTT, Chairman.

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

S14423

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VerDate Aug 31 2005 06:14 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A22DE6.000 S22DEPT1 hmoore on PROD1PC68 with HMSENATE S14424 CONGRESSIONAL RECORD — SENATE December 22, 2005 Appropriations Conference Report. We Mr. President, the inclusion of these APPOINTMENT OF ACTING all know how important that bill is to policies in the DOD Appropriations bill PRESIDENT PRO TEMPORE our country and our troops. Prior to was not just bad form, it was bad for The PRESIDING OFFICER. The passing that bill, we were successful in Americans. I strongly opposed their in- clerk will please read a communication removing provisions to allow drilling clusion. And I am strongly committed to the Senate from the PRESIDENT in the Arctic National Wildlife Refuge. to revisiting this damage in the first pro tempore (Mr. STEVENS). Those provisions had no place in that days of our return. The legislative clerk read the fol- bill. lowing letter: As was noted on the floor last night, f U.S. SENATE, there were other provisions that did PRESIDENT PRO TEMPORE, not belong in the conference report. ADDITIONAL STATEMENTS Washington, DC, December 22, 2005. They were not included in the House- To the Senate: or Senate-passed bills. They were not Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby at all related to the Department of De- fense’s appropriations. In fact, con- appoint the Honorable JOHN WARNER, a Sen- DEPARTMENT OF DEFENSE ator from the State of Virginia, to perform ferees had been assured that these pro- APPROPRIATIONS the duties of the Chair. visions would not be included at all. TED STEVENS, But Republican leaders swept in and ∑ Mr. BAUCUS. Mr. President, I whole- President pro tempore. declared that they would be included, heartedly support the provisions of the Mr. WARNER thereupon assumed the in violation of promises and the rules. Department of Defense appropriations Chair as Acting President pro tempore. And that is not the worst part. The bill that provide money for our brave f provisions themselves bestow on drug military men and women. I support the companies sweeping immunity from much needed 3.1 percent pay increase. USA PATRIOT ACT the consequences of reckless wrong- And I support the Blackhawk The ACTING PRESIDENT pro tem- doing. It was the Republican leader- MEDEVAC and Utility Helicopters, and pore. In my capacity as the senior Sen- ship’s big Christmas present to their Wireless Communication Systems for ator from Virginia, I ask unanimous friends in the drug industry. Montana’s National Guard. consent that the Chair now lay before This immunity extends to all aspects But this was not a clean bill. Al- the Senate the House message to ac- of the development and production of though I voted for the bill, I take of- company S. 2167. drugs or vaccines so long as they are fense to a number of provisions that The legislative clerk read as follows: used to prevent, treat, or diagnose have nothing to do with our troops. what the administration declares an S. 2167 These additions should never have been ‘‘epidemic.’’ Republican leaders have Resolved, That the bill from the Senate (S. included in the Defense bill in the first 2167) entitled ‘‘An Act to amend the USA PA- insisted that these provisions are about place. They don’t belong here. TRIOT ACT to extend the sunset of certain preparing for pandemic flu or bioter- provisions of that Act and the lone wolf pro- rorist attack. They are exploiting our We have focused our discussion over vision of the Intelligence Reform and Ter- fears to go well beyond that. the past few days on drilling in Alaska. rorism Prevention Act of 2004 to July 1, What is an ‘‘epidemic’’? Secretary And I am proud that our defense bill 2006’’, do pass with the following amend- Leavitt recently said obesity is an does not include ANWR. ment: (1) Page 2, line 10 of the Senate engrossed ‘‘epidemic.’’ Many have said diabetes, But in objecting to ANWR, we have bill, strike out øJuly 1, 2006¿ and insert: Feb- heart disease, and methamphetamine forgotten other changes in the con- ruary 3, 2006. addiction are epidemics. And it gets ference report, last minute additions The ACTING PRESIDENT pro tem- worse. The provisions also apply to any that have no place in a defense bill. I pore. I ask unanimous consent that the product that mitigates the side effects am referring to the Public Readiness Senate concur in the House amend- of a drug used to counteract an epi- and Emergency Preparedness Act. ment and the motion to reconsider be demic. That could include pain or high The Emergency Preparedness Act laid upon the table. blood pressure medication. virtually eliminates liability for phar- Without objection, it is so ordered. Even reckless or grossly negligent maceutical companies. Now drug com- drug companies will not be held respon- f panies have wholesale immunity ex- sible for the injuries they cause. The cept in the case of ‘‘willful mis- EXTENSION OF SIGNING AND provisions in the conference report conduct.’’ Drug companies will no APPOINTMENT AUTHORITIES only allow for an injured patient to longer be held responsible for neg- The ACTING PRESIDENT pro tem- hold a drug company responsible if he ligence or recklessness. Only if they pore. In my capacity as the senior Sen- or she can prove using clear and con- had actual knowledge that their prod- ator from Virginia, I now ask unani- vincing evidence that the company uct would injure or kill someone would mous consent that all applicable sign- acted with ‘‘willful misconduct.’’ This we hold them accountable. ing and appointment authorities be ex- burden is virtually impossible to meet. This gift to the drug companies The Emergency Preparedness Act tended through the adjournment of the also sets up an unfunded compensation Senate, and that the senior Senator comes at the expense of injured pa- tients and the success of our future fund. Without any money appropriated from Virginia be authorized to sign to the fund, the fund is inoperable. duly enrolled bills and joint resolu- programs to ensure vaccinations. The provisions establish a ‘‘compensation This could allow drug companies to re- tions. move themselves from responsibility Without objection, it is so ordered. fund,’’ but provide no money for it. Pa- tients who are injured by products cov- without providing the American people f ered under this legislation will find with the recourse they deserve. PRINTING OF S. 1783 that because there is no money in the Although I support the Defense bill The ACTING PRESIDENT pro tem- fund, there is no compensation. we passed, I do not support the Emer- pore. In my capacity as the senior Sen- Under this administration’s watch, gency Preparedness Act. This section ator from Virginia, I ask unanimous the absence of a promise of compensa- was added at the last minute. And it consent that the text of S. 1783, as tion resulted in the failure of the pro- only passed because all of us in the passed by the Senate be printed. gram to vaccinate first responders for Senate wanted to provide support for Without objection, it is so ordered. smallpox. The legislation we passed our troops.∑ f last night creates the same problem and condemns future similar vaccina- f DEPARTMENT OF DEFENSE AP- tion programs to failure. Who can PROPRIATIONS CONFERENCE RE- blame people for saying no when we are MESSAGE FROM THE HOUSE PORT asking to take the risks of what may Mr. REID. Mr. President, last night be an adverse effect if they are not as- At 8:03 p.m., a message from the we passed the Department of Defense sured that we will take care of them? House of Representatives, delivered by

VerDate Aug 31 2005 06:45 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A22DE6.004 S22DEPT1 hmoore on PROD1PC68 with HMSENATE December 22, 2005 CONGRESSIONAL RECORD — SENATE S14425 Mr. Hays, announced that the House ameter of a natural gas pipeline located in MISSION, TO WHICH POSITION HE WAS APPOINTED DUR- ING THE LAST RECESS OF THE SENATE. has passed the following bill, in which the Delaware Water Gap National Recreation ADMIRAL HAROLD W. GEHMAN, JR., UNITED STATES it requests the concurrence of the Sen- Area, to allow certain commercial vehicles NAVY, RETIRED, OF VIRGINIA, TO BE A MEMBER OF THE to continue to use Route 209 within the Dela- DEFENSE BASE CLOSURE AND REALIGNMENT COMMIS- ate: SION, TO WHICH POSITION HE WAS APPOINTED DURING ware Water Gap National Recreation Area, THE LAST RECESS OF THE SENATE. H.R. 4647. An act to amend the USA PA- and to extend the termination date of the JAMES V. HANSEN, OF UTAH, TO BE A MEMBER OF THE TRIOT ACT to extend the sunset of certain National Park System Advisory Board to DEFENSE BASE CLOSURE AND REALIGNMENT COMMIS- provisions of such Act. SION, TO WHICH POSITION HE WAS APPOINTED DURING January 1, 2007. THE LAST RECESS OF THE SENATE. The message also announced that the S. 1418. An act to amend the Indian Land GENERAL JAMES T. HILL, UNITED STATES ARMY, RE- Consolidation Act to provide for probate re- TIRED, OF FLORIDA, TO BE A MEMBER OF THE DEFENSE House has passed the bill (S. 2170) to BASE CLOSURE AND REALIGNMENT COMMISSION, TO amend the USA PATRIOT ACT to ex- form. WHICH POSITION HE WAS APPOINTED DURING THE LAST tend the sunset of certain provisions of S. 1892. An act to amend Public Law 107–153 RECESS OF THE SENATE. to modify a certain date. GENERAL LLOYD W. NEWTON, UNITED STATES AIR that Act and the lone wolf provision of FORCE, RETIRED, OF CONNECTICUT, TO BE A MEMBER OF S. 1988. An act to authorize the transfer of THE DEFENSE BASE CLOSURE AND REALIGNMENT COM- the Intelligence Reform and Terrorism items in the War Reserves Stockpile for Al- MISSION, TO WHICH POSITION HE WAS APPOINTED DUR- Prevention Act of 2004 to July 1, 2006, lies, Korea. ING THE LAST RECESS OF THE SENATE. ANTHONY JOSEPH PRINCIPI, OF CALIFORNIA, TO BE A with an amendment. f MEMBER OF THE DEFENSE BASE CLOSURE AND RE- The message further announced that ALIGNMENT COMMISSION, TO WHICH POSITION HE WAS ADJOURNMENT SINE DIE APPOINTED DURING THE LAST RECESS OF THE SENATE. the House has passed the concurrent SAMUEL KNOX SKINNER, OF ILLINOIS, TO BE A MEM- resolution (S. Con. Res. 74) correcting The ACTING PRESIDENT pro tem- BER OF THE DEFENSE BASE CLOSURE AND REALIGN- MENT COMMISSION, TO WHICH POSITION HE WAS AP- the enrollment of H.R. 2863, without pore. In my capacity as the senior Sen- POINTED DURING THE LAST RECESS OF THE SENATE. amendment. ator from Virginia, I ask unanimous BRIGADIER GENERAL SUE ELLEN TURNER, UNITED STATES AIR FORCE, RETIRED, OF TEXAS, TO BE A MEM- f consent that the Senate now stand in BER OF THE DEFENSE BASE CLOSURE AND REALIGN- adjournment sine die under the provi- MENT COMMISSION, TO WHICH POSITION SHE WAS AP- ENROLLED BILL SIGNED sions of H. Con. Res. 326. POINTED DURING THE LAST RECESS OF THE SENATE. The message also announced that the There being no objection, the Senate, DEPARTMENT OF JUSTICE Speaker pro tempore of the House of at 8:04 p.m. adjourned sine die. STEVEN G. BRADBURY, OF MARYLAND, TO BE AN AS- SISTANT ATTORNEY GENERAL. Representatives (Mr. WOLF) has signed f the following enrolled bill: THE JUDICIARY NOMINATIONS RETURNED TO THE S. 1281. An act to authorize the programs BRETT M. KAVANAUGH, OF MARYLAND, TO BE UNITED PRESIDENT STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- of the National Aeronautics and Space Ad- BIA CIRCUIT. ministration. Returned to the President, Thursday, IN THE AIR FORCE Under authority of the order of the December 22, 2005: AIR FORCE NOMINATIONS BEGINNING WITH BRIGADIER THE FOLLOWING NOMINATIONS TRANSMITTED BY THE Senate of December 21, 2005, the en- GENERAL DANA T. ATKINS AND ENDING WITH BRIGA- PRESIDENT OF THE UNITED STATES TO THE SENATE DIER GENERAL JOHNNY A. WEIDA, WHICH NOMINATIONS rolled bill was signed subsequently on DURING THE FIRST SESSION OF THE 109TH CONGRESS, WERE RECEIVED BY THE SENATE AND APPEARED IN THE AND UPON WHICH NO ACTION WAS HAD AT THE TIME OF today, December 22, 2005, by the Acting CONGRESSIONAL RECORD ON MAY 9, 2005. THE SINE DIE ADJOURNMENT OF THE SENATE, FAILED AIR FORCE NOMINATION OF COLONEL JAMES A. President pro tempore (Mr. WARNER). OF CONFIRMATION UNDER THE PROVISIONS OF RULE BUNTYN TO BE BRIGADIER GENERAL. XXXI, PARAGRAPH 6, OF THE STANDING RULES OF THE f AIR FORCE NOMINATIONS BEGINNING WITH COLONEL SENATE. BROCK JOHN T. STROM AND ENDING WITH COLONEL ENROLLED BILLS PRESENTED DEFENSE BASE CLOSURE AND REALIGNMENT RICHARD J. UTECHT, WHICH NOMINATIONS WERE RE- CEIVED BY THE SENATE AND APPEARED IN THE CON- COMMISSION The Secretary of the Senate reported GRESSIONAL RECORD ON OCTOBER 6, 2005. that on today, December 22, 2005, she JAMES H. BILBRAY, OF NEVADA, TO BE A MEMBER OF AIR FORCE NOMINATIONS BEGINNING WITH COLONEL THE DEFENSE BASE CLOSURE AND REALIGNMENT COM- GREGORY A. BISCONE AND ENDING WITH COLONEL TOD had presented to the President of the MISSION. D. WOLTERS, WHICH NOMINATIONS WERE RECEIVED BY United States the following enrolled PHILIP COYLE, OF CALIFORNIA, TO BE A MEMBER OF THE SENATE AND APPEARED IN THE CONGRESSIONAL THE DEFENSE BASE CLOSURE AND REALIGNMENT COM- RECORD ON NOVEMBER 4, 2005. bills: MISSION. IN THE ARMY S. 205. An act to authorize the American ADMIRAL HAROLD W. GEHMAN, JR., UNITED STATES NAVY, RETIRED, OF VIRGINIA, TO BE A MEMBER OF THE ARMY NOMINATION OF COLONEL FREDDIE R. Battle Monuments Commission to establish DEFENSE BASE CLOSURE AND REALIGNMENT COMMIS- WAGGONER TO BE BRIGADIER GENERAL. in the State of Louisiana a memorial to SION. ARMY NOMINATION OF COL. JULIA A. KRAUS TO BE honor the Buffalo Soldiers. JAMES V. HANSEN, OF UTAH, TO BE A MEMBER OF THE BRIGADIER GENERAL. DEFENSE BASE CLOSURE AND REALIGNMENT COMMIS- ARMY NOMINATION OF MAJ. GEN. ERIC T. OLSON TO BE S. 652. An act to provide financial assist- SION. LIEUTENANT GENERAL. ance for the rehabilitation of the Benjamin GENERAL JAMES T. HILL, UNITED STATES ARMY, RE- ARMY NOMINATION OF COL. GILBERTO S. PENA TO BE Franklin National Memorial in Philadelphia, TIRED, OF FLORIDA, TO BE A MEMBER OF THE DEFENSE BRIGADIER GENERAL. BASE CLOSURE AND REALIGNMENT COMMISSION. ARMY NOMINATION OF COL. RODNEY J. BARHAM TO BE Pennsylvania, and the development of an ex- SAMUEL KNOX SKINNER, OF ILLINOIS, TO BE A MEM- BRIGADIER GENERAL. hibit to commemorate the 300th anniversary BER OF THE DEFENSE BASE CLOSURE AND REALIGN- ARMY NOMINATION OF COL. LARRY L. ARNETT TO BE of the birth of Benjamin Franklin. MENT COMMISSION. BRIGADIER GENERAL. BRIGADIER GENERAL SUE ELLEN TURNER, UNITED ARMY NOMINATION OF COL. OTIS P. MORRIS TO BE S. 1238. An act to amend the Public Lands STATES AIR FORCE, RETIRED, OF TEXAS, TO BE A MEM- BRIGADIER GENERAL. Corps Act of 1993 to provide for the conduct BER OF THE DEFENSE BASE CLOSURE AND REALIGN- MENT COMMISSION. IN THE NAVY of projects that protect forests, and for other JAMES H. BILBRAY, OF NEVADA, TO BE A MEMBER OF purposes. THE DEFENSE BASE CLOSURE AND REALIGNMENT COM- NAVY NOMINATION OF CAPTAIN DAVID J. MERCER TO S. 1310. An act to authorize the Secretary MISSION, TO WHICH POSITION HE WAS APPOINTED DUR- BE REAR ADMIRAL (LOWER HALF). ING THE LAST RECESS OF THE SENATE. NAVY NOMINATION OF TITO P. DUA TO BE CAPTAIN. of the Interior to allow the Columbia Gas PHILIP COYLE, OF CALIFORNIA, TO BE A MEMBER OF NAVY NOMINATION OF LANCE C. ESSWEIN TO BE COM- Transmission Corporation to increase the di- THE DEFENSE BASE CLOSURE AND REALIGNMENT COM- MANDER.

VerDate Aug 31 2005 06:14 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 9801 E:\CR\FM\A22DE6.007 S22DEPT1 hmoore on PROD1PC68 with HMSENATE December 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2631 EXTENSIONS OF REMARKS

NATIVE AMERICAN HOUSING reauthorizing the Violence Against Women HONORING THE LINKS, INC. ENHANCEMENT ACT OF 2005 Act, VAWA. I am pleased VAWA will be given OAKLAND BAY AREA CHAPTER floor consideration before Congress adjourns SPEECH OF this session. HON. BARBARA LEE HON. CAROLYN B. MALONEY Ending family and community violence in OF CALIFORNIA OF NEW YORK this country requires an on-going commitment IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES from Congress. Our obligation as legislators Thursday, December 22, 2005 Sunday, December 18, 2005 and citizens is to provide the tools to prevent Ms. LEE. Mr. Speaker, I rise today to honor Mrs. MALONEY. Mr. Speaker, this legisla- family violence, and where violence has oc- The Links, Inc. Oakland Bay Area Chapter on tion improves the availability of Federal hous- curred, support services that provide the need- the occasion of its 55th year of service to our ing monies to Native Americans. It makes the ed shelter and support to victims. Further- community. requirements applicable to Indian tribes and more, the perpetrators of family violence must The Links, Inc. was founded in 1946 by their housing entities under the Housing Act of receive both significant punishments as well Sarah Scott and Margaret Hawkins of Phila- 1949 consistent with the Native American as the necessary interventions to prevent re- delphia, Pennsylvania, who envisioned an or- ganization of African American women ‘‘linking Housing Assistance and Self Determination cidivism. Our goal must be to end the cycle of Act; allows Indian tribes to have access to together in a chain’’ to improve the quality of family violence in our communities and that YouthBuild program grants; and makes tech- life in their community. Today, that vision has nical corrections to NAHASDA to remove im- will require comprehensive intervention and been realized, with The Links, Inc. being com- pediments to getting funds that serve no pur- prevention strategies. prised of 296 chapters and more than 10,000 pose. This reauthorization is critical in encouraging women as its members. The Links, Inc. is lo- There is no question that this bill, and any collaborative efforts among law enforcement cated in 39 U.S. States, as well as in the Ba- bill that improves Federal housing assistance officials, the courts, and service providers who hamas and in Germany. to Native Americans, is sorely needed. Native work with victims of domestic and sexual vio- The Oakland Bay Area chapter of The Links, Inc. was founded in September 1950 Americans have an overall poverty rate twice lence. We must continue to increase public that of the rest of the United States. In par- when eighteen inspired women saw a need in awareness of domestic violence, while ad- ticular, they face a dramatic shortage of safe our community and joined together to make a and adequate housing. Some 90,000 Native- dressing the individual and unique experi- positive difference. Currently, there are more American families are homeless or live in very ences of victims of domestic and sexual vio- than fifty dedicated women who are members poor conditions. Even among those who have lence, including the needs of immigrant popu- of this chapter which, since its founding, has housing, about a third of Native American lations and people of diverse ethnic and racial worked continuously to support charitable or- homes lack adequate sewage systems, and 8 backgrounds, the disabled, and children. As a ganizations and community groups. percent do not have safe drinking-water sys- Nation, we must do what we can to end the Each year, often times on the occasion of tems. cycle of violence that exists in too many its Annual Cotillion, the Oakland Bay Area For that reason, this bill—introduced by Mr. homes and communities across the country Chapter of The Links, Inc. presents philan- RENZI and Mr. MATHESON—has received and to assist the families and children who are thropic grants to a number of community and public organizations, particularly those that strong bipartisan support in both chambers of living day to day in fear and isolation. Congress. The House passed the bill by voice focus on youth & family development, commu- vote on April 6, and the Senate passed its VAWA is a landmark piece of legislation that nity health, social justice, education, and the version on November 8, also by voice vote. has been successful. It has brought a voice to arts. Our passage of the Senate version today those who had been silenced and shelter to This year will mark the Oakland Bay Area sends this to the President’s desk. those who were in need of a safe place. And, Chapter of The Links, Inc.’s 50th Annual Cotil- Essentially, this bill ensures that Indian there is still work to be done. For example, lion. These events feature not only the com- tribes seeking housing assistance from the while this bipartisan authorization bill is critical munity services of The Links and other organi- Federal Government are not caught between to moving the issue forward, adequate funding zations, but also the selection of each year’s Debutantes. These young women are selected conflicting and preclusive requirements of dif- for services for families affected by violence ferent Federal agencies administering different based on excellence in academics and extra- must also be a priority for this Congress. Federal acts. curricular activities, as well as for a strong Also, the bill makes Indian tribes eligible for On a personal note, my daughter, Katie, has commitment to serving their community. Youthbuild grants. These grants are part of a recently started a career in providing services The list of Debutantes who will be featured HUD program that provides job training and to victims of family violence. From the frequent at the Oakland Bay Area Chapter of The academic assistance to low-income young stories she tells me about working in a shelter Links, Inc.’s 2005 Cotillion include: Ashley people. Again, this is sorely needed by Native for women, it is clearly a challenging but also Burns, Ebony Campbell, Jessica Charles, American youth. very rewarding career path she has chosen. I Mickala Cheadle, Kimberly Clincy, Raphael Cobb, Robyn Cross, Kristen Davis, Vanessa I urge my colleagues to support this bill. applaud Katie and all of the women and men f Domenichelli, Dominique Drakeford, Joya who have committed their professional careers Dupre, Morgan Frazier, Laura Green, Ashley DEPARTMENT OF JUSTICE APPRO- or volunteer hours to serving our neighbors Greene, Jazmyn Hammons, Victoria Harrell, PRIATIONS AUTHORIZATION ACT, and community members who have found Britney Jaymes Harrison, Jenevieve Harrison- FISCAL YEARS 2006 THROUGH themselves victims of domestic violence. Their Toney, Yasmine Hassan, Alehxa Jones, 2009 dedication makes communities across Amer- Jamela Joseph, Danielle Oliva, Brittany ica stronger, more caring and more peaceful. Pakeman, Jessica Pugh, Lauren Savage, Ash- SPEECH OF It is in honor of the survivors of violence and ley Sewell, Ashley Shaw, Kaitlyn Sheehan, Jade Smith-Williams, Allison Greer Tillman, HON. BETTY McCOLLUM those who serve them that I stand today in Mareesa Allyse Valentine, Erika Walker, Tierra OF MINNESOTA support of Congress’s role in providing serv- IN THE HOUSE OF REPRESENTATIVES Williams, and Erica Williams. ices and support for survivors of domestic and On Saturday, December 17, 2005, the Oak- Saturday, December 17, 2005 sexual violence through the reauthorization of land Bay Area Links 50th Annual Cotillion will Ms. MCCOLLUM of Minnesota. Mr. Speak- VAWA. be held in San Francisco, California. On be- er, I rise in support of this conference report half of the California’s 9th U.S. Congressional

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

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.001 E22DEPT1 ccoleman on PROD1PC71 with REMARKS E2632 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2005 District, I congratulate tonight’s Debutantes, gone to eat. Some have the peeling skin and against the wind and rain, where they were and I salute past and present Oakland Links lesions that come with advanced starvation— at dusk. This is what it is like most nights members for their many years of invaluable their skin is wrinkled, lose around their bones. for them. service to our community. The mothers sit by powerless. WASTE f We spent two weeks in Darfur, driving In the morning we wake up to hear the through the eerie, burnt-out villages, empty of children crying. In the makeshift hospital DARFUR’S SLOW AND CRUEL people. here, set up by foreign aid workers, it is so STARVATION We traveled to Mornay camp, where we crowded with the sick that some are sleeping on the floors. were a month ago. On arriving back, we went Among the stench and flies, the children HON. CHARLES B. RANGEL to the medical tent. It was strangely quiet in- lie wasted, staring into space. Tiny human OF NEW YORK side. Four people are sitting in a circle. A beings, who were born into the madness of IN THE HOUSE OF REPRESENTATIVES mother was looking down and sobbing silently, man’s inhumanity to man, into the madness Thursday, December 22, 2005 rubbing her hands on her face. I realized I of a spate of killing that has left many of knew her. Then it slowly came to me what their fathers, brothers, grandparents and un- Mr. RANGEL. Mr. Speaker, as the end of was going on. Her daughter Nadia, whom we cles dead. 2005 draws near I rise to say a few words had spent two days with in this tent a month And now, they face starvation which is about the people of Darfur and to enter into cruel and slow. Most of the children are too ago, was dying. The mother, Juma, was say- far gone to eat. Some have the peeling skin the RECORD an eyewitness account of Hillary ing an awful goodbye. Anderson a BBC correspondent in Darfur enti- and lesions that come with advanced starva- We moved away in their private moment. tion—their skin is wrinkled, loose around tled Sudan’s Slow and Cruel Starvation first Ten minutes later Nadia was dead. The men their bones. The mothers sit by powerless. broadcast July 2004 in which she personalizes took her body away to prepare for the burial. We spent two weeks in Darfur, driving what Darfur means in pain for mothers and Then they emerged at the far end of the grave through eerie, burnt-out villages, empty of children in Darfur. Unfortunately the year yard, carrying her tiny body in their hands. people. 2005, especially in the last few months, has They said their prayers and laid her body in We travelled to Mornay camp, where we gotten worse than 2004 for the people of were a month ago. On arriving back, we went the earth. Juma, her mother, sat on the to the medical tent. It was strangely quiet Darfur. According to the United Nation’s hu- ground. She wasn’t crying any more. manitarian chief, Jan Egeland, people are still inside. After the funeral I went to pay my respects. Four people were sitting in a circle. A being killed, the Janjaweed Militias are still . . . When she saw me, she started scream- mother was looking down and sobbing si- armed and kill at will, women are raped, men ing ‘Nadia, Nadia, Nadia.’ She fell on me, lently, rubbing her hands on her face. I real- are dead, no food is planted or harvested. Mr. screaming, she kept screaming. She kept re- ized I knew her. Then it slowly came to me Egeland announced on December 20, 2005, peating her daughter’s name. Then the older what was going on. Her daughter Nadia, the situation in Darfur was so bad that aid or- women started screaming too. whom we had spent two days with in this ganizations were being threatened and might tent a month ago, was dying. When Juma left the graveyard I saw her The mother, Juma, was saying an awful be forced out of the country. walking away on her own, sobbing and crying Therefore we can know with a sad heart goodbye. her child’s name into the breeze of the vast We moved away in their private moment. that Ms. Anderson’s 2004 story of Juma and desert, into the nothingness of the camp. . . . Ten minutes later Nadia was dead. Nadia has been repeated many times in 2005. Darfur is a nightmare that is alive here The men took her body away to prepare for And if this Nation does not act, this story will today and perhaps somewhere else tomorrow. the burial. Then they emerged at the far end be repeated thousands of times in 2006—until Racial and tribal tensions, and regional dis- of the graveyard, carrying her tiny body in there are no more Jumas and no more quiet, have erupted into a war where the civil- their hands. They said their prayers and laid her body in the earth. Nadias. ians are being punished, killed and abused. Ms. Anderson begins her piece from the Juma, her mother, sat on the ground. She We are the adults, this is the world we live in wasn’t crying any more. Mornay camp: ‘‘I am sitting in the dark on the and accept. The world we have created for CRYING TO THE DESERT edge of a camp for displaced people in Darfur. ourselves. . . . Why are massacres of civil- I can hear the loud persistent crying of one ians allowed to happen in Sudan? Why has After the funeral I went to pay my re- spects. Juma had two older women next to child rising above the murmur of the camp as no-one counted the dead?’’ the people settle down for the night. Tonight her who, perhaps through custom, were tell- [From BBC News, July 24, 2004] the stars are out—that means no rain. Last ing her to hold her emotions in. But when she saw me, perhaps remembering the film- night was not like this at all. SUDAN’S CRUEL AND SLOW STARVATION (By Hilary Andersson) ing we did with Nadia last month, she start- You can see it coming in the afternoons. ed screaming ‘‘Nadia, Nadia, Nadia’’. The sky begins to darken and the horizon I’m sitting in the dark on the edge of a She fell on me, screaming, she kept goes an ominous, brown shade of yellow. camp for displaced people in Darfur. I can screaming. She kept repeating her daugh- Then the wind starts and the dust of the Sa- hear the loud, persistent crying of one child ter’s name. Then the older women started rising above the murmur of the camp as the screaming too. hara desert whips up, blasting whirling sands people settle down for the night. When Juma left the graveyard I saw her in all directions. The people start to run in their Tonight the stars are out—that means no walking away on her own, sobbing and cry- long rags, heads bowed against the wind. rain. Last night was not like this at all. ing her child’s name out into the breeze of Then, the heavens simply open, the wind fe- You can see it coming in the afternoons. the vast desert, into the nothingness of the The sky begins to darken and the horizon rociously hurls drenching curtains of water at camp. goes an ominous, brown shade of yellow. everything around. Mothers with their children, Donkeys, half starved themselves, moved Then the wind starts and the dust of the whose faces are twisted up in misery, squat around slowly. Refugees continued collecting Sahara desert whips up, blasting whirling grasping the sides of their makeshift shel- water and fixing their huts. This happens sands in all directions. The people start to here every day. ters—which do not keep them dry. The torn run in their long rags, heads bowed against Darfur is in a nightmare that is alive here plastic bags that make up the walls of their the wind. twig shelters flap madly in the wind. The today and perhaps somewhere else tomorrow. LACK OF SHELTER ground turns into a mire of mud. . . . Racial and tribal tensions, and regional dis- Then, the heavens simply open, the wind quiet, have erupted into a war where the ci- In the morning we wake up to hear the chil- ferociously hurls drenching curtains of water vilians are being punished, killed and dren crying. In the makeshift hospital here, set at everything around. abused. up by foreign aid workers, it is so crowded Mothers with their children, whose faces We are adults, this is the world we live in with the sick that some are sleeping on the are twisted up in misery, squat grasping the and accept. The world we have created for floors. Among the stench and the flies, the sides of their makeshift shelters—which do ourselves. children lie wasted, staring into space. Tiny almost nothing to keep them dry. Will these things still happen in Africa a human beings, who were born into the mad- The torn plastic bags that make up the century from now? Will it ever change? Why ness of man’s inhumanity to man, into the walls of their twig shelters flap madly in the are massacres of civilians allowed to happen wind. The ground turns into a mire of mud. in Sudan? Why has no-one even counted the madness of a spate of killing that has left My TV crew and I run for our shelter 15m dead? many of their fathers, brothers, grandparents (50ft) away. All night, the rain pounds Money is needed desperately now to save and uncles dead. against our ceiling. I wake up at 0300—it is lives. But it has gone this far in Darfur, be- And now, they face starvation which is cruel still going on. The people on the other side of cause no-one really noticed or did anything and slow. Most of the children are too far our wall are still sitting, bracing themselves to stop it. Nadia did not have to die at all.

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A22DE8.003 E22DEPT1 ccoleman on PROD1PC71 with REMARKS December 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2633 DEPARTMENT OF JUSTICE APPRO- sure that our children grow up in healthy, security. This is the wrong approach, and the PRIATIONS AUTHORIZATION ACT, peaceful communities. Passage of H.R. 3402 American people have the right to expect bet- FISCAL YEARS 2006 THROUGH marks our continuing effort to do just that. ter from Congress. We cannot allow terrorism 2009 f to erode either our national security or our civil liberties—both present a danger to this coun- CONFERENCE REPORT ON H.R. 3199, SPEECH OF try. I urge my colleagues to vote against this USA PATRIOT IMPROVEMENT conference report, and support both the rights HON. CAROLYN B. MALONEY AND REAUTHORIZATION ACT OF and security of the American people. OF NEW YORK 2005 IN THE HOUSE OF REPRESENTATIVES f Saturday, December 17, 2005 SPEECH OF WELCOMING THE NEW SWAZI AM- Mrs. MALONEY. Mr. Speaker, I rise in sup- HON. BETTY McCOLLUM BASSADOR TO THE UNITED port of H.R. 3402, the Department of Justice OF MINNESOTA STATES Appropriations Authorization Act which pro- IN THE HOUSE OF REPRESENTATIVES vides for the comprehensive reauthorization of Wednesday, December 14, 2005 HON. EDOLPHUS TOWNS OF NEW YORK the Violence Against Women Act, VAWA. Ms. MCCOLLUM of Minnesota. Madam The Violence Against Women Act, VAWA, is Speaker, I rise to express my opposition to the IN THE HOUSE OF REPRESENTATIVES a truly bipartisan success. Since VAWA was conference report to the reauthorization of the Thursday, December 22, 2005 enacted in 1994, we have made great strides USA PATRIOT Act. toward ending domestic violence and pre- Mr. TOWNS. Mr. Speaker, it is my privilege Mr. Speaker, I stated after the House voted to welcome the new ambassador of the King- venting the cycle of abuse in our communities. on H.R. 3199 in July, that it was my hope that dom of Swaziland to the United States. States have passed more than 660 laws to the conference committee would temper the combat domestic violence, dating violence, Ambassador Ephraim M. Hlophe presented extremes that are present in this legislation, his credentials to President George W. Bush sexual assault and stalking, and the National and that the conferees would keep the Amer- Domestic Violence Hotline has answered over at the White House on Monday, October 3. ican people’s respect for privacy and desire A graduate of the University of Pittsburgh, 1 million calls. We have come a long way for freedom in mind, I do not believe that this since the initial passage of VAWA. But there Ambassador Hlophe was principal secretary conference report reflects those ideals. for his country’s Ministry of Economic Planning is no doubt we have a long way to go. National security, homeland security and the and Development, and has served as Swazi- All Americans should feel safe in their com- collection of intelligence need to be balanced land’s National Contact Point for the Southern munities, their workplace and their homes. Yet with the fundamental freedoms and civil lib- African Development Community and as a domestic violence remains a serious problem erties granted to Americans by our Constitu- across the country, and every year thousands tion. Terrorism is a real threat to our security, member of the Swaziland Investment Pro- of Americans become victims in their own but so are laws that threaten our liberty by al- motion Authority (SIPA). Ambassador Hlophe told President Bush homes. Nearly one in four women will experi- lowing an over-zealous government to infringe that he hopes to see ‘‘increased attention in ence domestic violence during her lifetime. on the privacy of individuals, based on vague, And slightly more than half of female victims undefined, and at times, ‘‘classified’’ evidence. the United States toward trade and investment of intimate violence live in households with It is possible to be safe, and free, and to pro- opportunities in Swaziland. Our country wel- children under age 12. Growing up in a violent tect security while still respecting civil liberties. comes American firms to explore the many home may be a terrifying and traumatic expe- Unfortunately, this conference report fails to possibilities Swaziland has to offer in mining, rience that can affect every aspect of a child’s recognize this reality and come to bipartisan tourism, manufacturing, agribusiness, and life, growth, and development. To end the agreement in protecting both the security and international services.’’ cycle of violence and promote healthy families, civil liberties of Americans. Swaziland, Ambassador Hlophe has ex- we must ensure that communities have re- I voted in favor of the motion to recommit, plained, ‘‘is working with the United States in sources to prevent abuse and provide victims which would have replaced the text of the con- developing an investment code, and the of domestic violence the support they need. ference report with the text of the original bill United States is working with the Swaziland We are on the way to making that a reality. passed by the Senate. The original Senate bill Investment Promotion Authority to help attract The Violence Against Women Act provides included far more protections for civil liberties foreign investment. We appreciate the work aid to law enforcement officers and prosecu- than this conference report. That Senate- USAID is doing to develop an ‘investor road tors and helps to reduce domestic violence passed bill would have included a process of map’ to identify barriers to foreign investment and child abuse by establishing training pro- judicial review for recipients of a National Se- and to form the basis of a new investment grams for victim advocates and counselors in curity Letter, as well as a standard requiring code.’’ addition to a host of other areas including the Government to show a connection to a Mr. Speaker, the lively monthly publication, tightening criminal penalties against domestic suspected terrorist or organization when re- The Washington Diplomat, recently published abusers and creating new solutions to other questing business or library records. This con- a profile of Ambassador Hlophe in its biweekly crucial aspects of domestic violence and sex- ference report before me today only requires ‘‘Diplomat Pouch’’ newsletter. With no objec- ual assault. the Government to demonstrate ‘‘relevance’’ in tion, I ask that the article by correspondent In the past, in the present, and in the future, an investigation. Anna Gawel be entered into the RECORD as a VAWA has been, and will continue to be a This conference report makes 14 of 16 con- welcome to Ambassador Ephraim Hlophe. critical tool to combat violence. troversial PATRIOT Act provisions permanent. [From the Washington Diplomat, Dec. 1, But even with VAWA’s great successes and In making these provisions permanent, Con- 2005] promising future, we know that our work is not gress is relinquishing its responsibility to re- NEW SWAZI AMBASSADOR HITS THE GROUND yet done. view their use, granting more permanent RUNNING There are solutions to preventing the power to the executive branch. Congressional (By Anna Gawel) 960,000 incidents of violence that are reported oversight has been maintained only through Shortly after presenting his credentials to against a current or former spouse, boyfriend, the two provisions scheduled to sunset in 4 President Bush, Ephraim M. Hlophe, the new or girlfriend each year. The country must not ambassador of Swaziland, got to work pro- years, as well as through the inclusion of a moting his small Southern African kingdom tolerate the violence, abuse, and sexual as- ‘‘lone wolf’ provision, also scheduled to sunset to Washington audiences. sault that pervades our society. We must con- in 4 years. Congress has a responsibility to Shortly after his arrival, Hlophe met with tinue to fight for measures that will provide check the power of the executive branch, not Rep. Christopher H. Smith (R-N.J.), chair- better economic security for victims of vio- cede that authority, potentially threatening the man of the House International Relations lence, increase protections for battered immi- civil liberties of our citizens. The conference Subcommittee on Africa, Global Human grants, promote awareness in underserved report voted on today unfortunately fails to Rights and International Operations. The populations, enhance protection of victims’ safeguard individual privacy rights, and allows ambassador also plans to meet with other members of Congress as well as officials from personal information and develop programs the Government, with little burden of proof, to USAID in the next few weeks. designed to prevent domestic violence before scrutinize nearly every aspect of a person’s Hlophe, a graduate of the University of it occurs. life. Pittsburgh, is trying to boost foreign invest- Together, we can eliminate domestic vio- It has been said in this debate that we must ment in areas such as manufacturing, par- lence from homes across the country and en- sacrifice some of our freedoms in the name of ticularly in sugar and textiles, as well as

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A22DE8.008 E22DEPT1 ccoleman on PROD1PC71 with REMARKS E2634 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2005 tourism, which is a major draw for Swazi- Therefore, with the ANWR issue out of the This is an agency that can look out into the land. ‘‘I’d say the whole kingdom is a tourist way, I am prepared to support this legislation future and can see up to $100 billion of liabil- attraction area,’’ Hlophe noted. The ambassador is also working to tackle and forward it to the President for his signa- ities possibly coming their way. Much of which the more serious issues that his country ture. will come because this bill makes it easier to faces, namely the HIV/AIDS epidemic that f terminate plans. Simply, it makes it easier to continues to plague much of Africa. Swazi put plans into bankruptcy. King Mswati III is expected to visit Uganda CONFERENCE REPORT ON S. 1932, This bill does nothing to solve the problems early next year to examine the successful DEFICIT REDUCTION ACT OF 2005 we have seen with airline industry pensions ‘‘ABC’’ model (abstain, be faithful and use because their pension plans can be dumped condoms) that Uganda has been using. SPEECH OF Like its neighbors, Swaziland has an espe- during bankruptcy just as easily as they can cially high rate of HIV infection. ‘‘We’ve HON. EARL BLUMENAUER now. This bill does nothing to prevent this. seen some significant improvement in terms OF OREGON The way we can tell that this legislation of people who are willing to be tested so that IN THE HOUSE OF REPRESENTATIVES does not do the job is the way the Republican they benefit from these drugs that are made Leadership is making us debate the bill by tak- Sunday, December 18, 2005 available through the Global Fund,’’ the am- ing the unusually restrictive step of not allow- bassador said, referring to the Global Fund Mr. BLUMENAUER. Mr. Speaker, There’s a ing us to debate substitute legislation. I guess to Fight AIDS, Tuberculosis and Malaria. lot of talk about ‘‘savings’’ associated with this they realize that this bill is so bad that if they But as a small kingdom, Hlophe said an ag- budget reconciliation, but let’s be honest with gressive approach that encompasses all the allowed us the substitute, it certainly would methods of prevention and treatment will be ourselves and our children. This Congress have prevailed over this legislation. I would crucial to the king’s efforts to combat the continues to add to our $8 trillion national have supported the legislation that Congress- epidemic. debt. Nothing is being done here that is mak- men RANGEL and GEORGE MILLER had pre- In addition, Hlophe must address the back- ing any serious attempt to balance the na- pared. lash that often stems from the king’s rule of tional budget. Any reduction to our budget def- I urge my colleagues to vote against this what is Africa’s last absolute monarchy. icit will be more than offset by the tax cuts that Swaziland has been criticized for its lack of legislation. Its only accomplishment is to make democratic reforms and human rights Congress is still negotiating. the problems of America’s pensioners even record, particularly with regard to women’s What makes matters worse are the pro- worse than they are today. rights. grams being targeted to pay for these tax f But Hlophe, a jovial and easygoing man, cuts. Republican leadership is cutting federal prefers to highlight the positive advance- child-support enforcement aid, reducing states’ H.R. 2017, THE TORTURE VICTIMS ments his country has made. He pointed to capacity to help families make sure that chil- RELIEF REAUTHORIZATION ACT the new constitution scheduled to take effect dren get the financial support they are owed. OF 2005 early next year—Swaziland’s first in more Student loans are the subject of some of the than 30 years—explaining that the entire country had a hand in its drafting. ‘‘I think largest cuts, $16 billion over 5 years. HON. BETTY McCOLLUM that instrument is not the king’s instru- This budget cuts programs that help protect OF MINNESOTA ment. It is our instrument; it is every the financial well-being of our children and IN THE HOUSE OF REPRESENTATIVES Swazi’s instrument.’’ grandchildren; cuts that help them cope with Thursday, December 22, 2005 The king has also been heavily criticized an increasingly expensive education. Even for his many wives, which he often picks out worse, this budget will then add to the national Ms. MCCOLLUM of Minnesota. Mr. Speak- from among a lineup of topless virgins at an debt that these future generations will have to er, I rise in strong support of H.R. 2017, the annual dance. On the topic of women’s Torture Victims Reauthorization Act of 2005. rights, Hlophe noted that when he served as payoff. principal secretary for the Ministry of Eco- It is a sad day for this country and a poor Building on great legislation originally intro- nomic Planning and Development, he took reflection on this Congress when our children duced by former Minnesota Senator David over from a woman—a ‘‘visible effort’’ that will inherit a worse world because of what we Durenburger, this bill further enhances the is reflective of the drive to include more do here today. This situation is a result of the work that was started nearly a decade ago. women in decision-making roles, something Republican leadership’s inability to legislate. The Torture Victims Relief Reauthorization Act that is often overlooked by the media. ‘‘Peo- Honest debate, open dialogue and legislating reauthorizes funding for both domestic and ple always highlight the negative and not would not create bills so detrimental to soci- foreign treatment centers for victims of torture, highlight the good points,’’ he said. ety. This is the shameful outcome of back as well as the United Nations Voluntary Fund Mr. Speaker, I invite my colleagues to offer room negotiating and ideological policy mak- for Victims of Torture. their own expressions of good wishes to Am- ing. Mr. Speaker, I am proud that Minnesota is bassador Hlophe as he takes up his post to f the home of the world-renowned Center for represent Swaziland in Washington. I am cer- Victims of Torture. The work being done at the tain that he will enjoy a major measure of hos- PROVIDING FOR CONSIDERATION Center by Mr. Doug Johnson and his ex- pitality on the part of the American people. OF H.R. 2830, PENSION PROTEC- tremely qualified, compassionate staff is f TION ACT OF 2005 changing the lives of thousands of people around the world. The Center not only works THE FY 2006 DEFENSE APPROPRIA- SPEECH OF TIONS CONFERENCE REPORT directly with survivors of torture, but they also (H.R. 2863), AS AMENDED BY THE HON. CAROLYN B. MALONEY train American and International professionals, SENATE OF NEW YORK who return to their communities with the skills IN THE HOUSE OF REPRESENTATIVES needed to better assist victims in rebuilding their lives. Through the work of the Center for HON. CHRIS VAN HOLLEN Thursday, December 15, 2005 Victims of Torture, and other centers like it, OF MARYLAND Mrs. MALONEY. Mr. Speaker, I rise in op- survivors of torture are able to reclaim their IN THE HOUSE OF REPRESENTATIVES position to H.R. 2830, the Pension Protection dignity, their hope, and their futures. Thursday, December 22, 2005 Act of 2005. For years, Minnesotans have committed Mr. VAN HOLLEN. Mr. Speaker, we are Any bill that is called the ‘‘Pension Protec- themselves to providing a safe haven for peo- here today because the Senate rightly rejected tion Act’’ should protect pensions, but the bill ple who have been victims of torture. This is the Defense Appropriations conference re- we have before us makes things worse in why I, along with so many of my constituents, port—not because they didn’t support our many ways for many current pensioners in this am so deeply disturbed by recent media re- troops, but because they honored their service country and for many future pensioners. ports that the U.S. government might be the enough to insist on a military spending bill First and foremost, the Pension Benefit source of violence similar to what these vic- unsullied by special interest politics. Guaranty Corporation was first created to pro- tims of torture have suffered. I am extremely While I continue to have concerns about a tect some of the retiree benefits of people if disappointed by the Bush Administration’s number of unrelated provisions in the under- pension plans went bust or the corporations strong opposition, earlier this month, to a pro- lying bill, I also believe it is critical to ensure went bust. We are now told that this legislation vision added to the Senate Fiscal Year 2006 that our soldiers get the equipment they need makes that problem worse. The Congressional Defense Authorization bill. That provision to protect themselves and succeed in their Budget Office tells us that this will make it at would ban the use of torture and cruel, and in- missions. least $9 billion worse over the next decade. humane treatment by members of the U.S.

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.012 E22DEPT1 ccoleman on PROD1PC71 with REMARKS December 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2635 military, and would clearly demonstrate our reaches out to young people and members of the sick, the forgotten, and those whose dig- country’s commitment to defending human our community in a variety of other ways. In nity, even humanity, is not acknowledged—the rights. To even suggest that the U.S. govern- addition to its consistent support of the Na- enslaved, the trafficked, and the tortured. ment would condone the use of torture should tional Society of Black Engineers, the Black Minister Jackson’s second wish is for young shame every one of us in this House. Mem- Employees Associations of Northern Cali- people who are ready and willing to take up bers of my community in Minnesota stand in fornia, the Museum of African Diaspora and the struggle for a world of peace and justice. shock and disbelief at the mere suggestion numerous diversity awareness efforts within She states this article, number 245, is her last that our government would seek approval for PG&E, BEA provides mentoring and job shad- Witness for Justice Column. She hopes for acts similar to those that have shattered their owing opportunities to young people seeking young people like the ones who struggled for own lives. career guidance. Furthermore, BEA sponsors civil rights in the U.S., in the anti-apartheid America must remain a beacon of hope and regular events which address issues related to struggle in South Africa, in the people power justice in this world. It must be our role as pol- retirement, financial management and other struggle in the Philippines, and in Tiananmen icymakers to restore our nation’s reputation forms of career management for current em- Square in China will arise to take on the and our role in promoting peace and democ- ployees. causes for which she has been such an effec- racy around the world. We cannot allow the In addition to its efforts in the areas of edu- tive advocate. Minister Jackson recognizes the fear of the unknown to force our country to cation and professional development, BEA is struggle continues against poverty. turn from our long record of upholding and known for its charitable involvement with a I join Minister Jackson in her second wish strengthening the human rights of all people number of local community organizations, as and add a second wish of my own. I wish that everywhere. Our citizens deserve a better well as its members’ regular volunteer efforts. we will see the end of extreme poverty in our path to security. The best way to restore our Recently BEA awarded $25,000 to five com- lifetime. I commend the work and advocacy of Nation’s reputation and ensure the safety of munity based organizations through its part- Jeffery Sachs, Bill and Melinda Gates, Bono Americans, and people everywhere, is to pro- nership with PG&E and other groups, and has and Presidents Jimmy Carter and Bill Clinton mote human rights, hope and opportunity also awarded funds to local hospitals and and wish with them that childhood AIDS can across the globe. This bill helps to restore our community service organizations. be treated, that the AIDS Pandemic in Africa reputation by aiding in the recovery and re- BEA is a regular participant in events and can be stopped, that treatable diseases that building of lives devastated by torture. fundraisers at local K–12 schools and projects, cause blindness in Africa can be eradicated Mr. Speaker, I am proud to support this bill, such the Beacon Project and E. Morris Cox and that people who are too poor to live can and would like to thank Representative CHRIS Elementary School in Oakland. BEA members receive simple remedies like mosquito nets SMITH for his tireless work in supporting vic- also volunteer regularly for major health initia- that will save 5000 children a day in Africa, tims of torture, by introducing this reauthoriza- tives such as the AIDS Walk, Juvenile Diabe- tion. I would also like to thank Ranking Mem- clean water and enough food to flourish not tes Fund, the Breast Cancer Awareness Cam- just survive. ber LANTOS and Chairman HYDE for their paign, and many other community building ef- strong support of this vital legislation in the The third wish on Minister Jackson’s Christ- forts. mas List is for health care for every American. House International Relations Committee. In This year marks the PG&E Black Employ- addition, this bill would not be what it is today I join her in this wish. Ours is the richest coun- ees’ Association’s 25th Anniversary. On behalf try in the world and yet 45 million Americans without the amazing and inspiring work of of the California’s 9th U.S. Congressional Dis- Doug Johnson, John Salzberg, their associ- cannot afford health care. Minister Jackson trict, I salute all BEA for their many years of says the health care system is ‘‘imploding all ates at the Center for Victims of Torture, and invaluable service to the African American all those working in the field around the world. around us.’’ It is failing us. As a nation, Amer- community and to the community at large. I ica can no longer afford not to have health It is my hope that this bill allows their good congratulate BEA on this very special occa- work to continue for years to come. care for all Americans. The lack of universal sion, and thank its members for their invalu- health care for Americans represents a failure f able contributions to California’s 9th Congres- of our government and of our priorities; both HONORING THE PACIFIC GAS & sional District and to our country. must be changed. ELECTRIC COMPANY BLACK EM- f Finally, Minister Jackson wishes for a return PLOYEES’ ASSOCIATION PEACE ON EARTH of a value which she writes ‘‘seems to be dis- appearing from our landscape—the value of HON. BARBARA LEE HON. CHARLES B. RANGEL integrity.’’ Integrity she says is ‘‘a value which OF CALIFORNIA can only be earned through a life of honesty, OF NEW YORK IN THE HOUSE OF REPRESENTATIVES fairness, forthrightness and a commitment to IN THE HOUSE OF REPRESENTATIVES Thursday, December 22, 2005 the common good of all humankind. It is a Thursday, December 22, 2005 value which seems to be sorely lacking in gov- Ms. LEE. Mr. Speaker, I rise today to honor ernment, in politics, in media, in business, the Pacific Gas & Electric PG&E, Company’s Mr. RANGEL. Mr. Speaker, I rise to enter even in religion. Integrity means standing up Black Employees’ Association on the occasion into the RECORD ‘‘Witness for Justice #245’’ for what is right and just and true, no matter of its 25th year of service to our community. entitled My Christmas List, published on De- The PG&E Black Employees’ Association, cember 5, 2005, by the United Church of which way the winds of the world blow. It BEA, was founded in 1980 by a group of Afri- Christ of Cleveland, Ohio. The article elo- means speaking the truth, not words of polit- can American PG&E employees who wanted quently written by Bernice Powell Jackson the ical spin . . . It means matching your words to enhance the social and intellectual ex- Executive Minister of this Church on 700 Pros- with your life. My Christmas wish is for an in- change of ideas among the growing number of pect Avenue in Cleveland is a fervent wish for crease in integrity in our world.’’ I join Minister African American employees at the company. Peace. Her wish, her prayer, is one that many Jackson in this wish with all my heart. Over the past 25 years, this exchange has re- of us share with her and I hope is in the Witness for Justice #245, Dec. 5, 2005 sulted not only in networking, collaboration hearts and on the lips of every minister, rabbi MY CHRISTMAS LIST and workplace adjustment opportunities for Af- and imam when he or she stands before a (By Bernice Powell Jackson) congregation. Minister Jackson believes that rican American employees, but has also been Every year for the past eleven years I have integral to PG&E’s outreach efforts to the Afri- for Christians the call to work for peace comes shared my own Christmas list with you. can American Community and our community from the Prince of Peace. Those of other Most years it has included a wish for even a at large. faiths, she says, are called ‘‘by our Creator to day of peace in the world—when war ceases, The primary focus of PG&E’s outreach ef- work for a world of peace not only at this time when domestic violence pauses, when guns forts in this regard has been on providing edu- of year, but all year long.’’ are laid down in homes and cities and na- cational opportunity, namely in the form of col- Minister Jackson’s first wish on her Christ- tions. It hasn’t happened yet, despite the lege scholarships. Since its founding, BEA has mas list is for peace on earth. I join with her prayers and the hard work of so many of you. awarded upwards of $700,000 in college in this wish for all of us; but I wish the God’s Nevertheless, I believe, that those of us who are Christian are called to work for peace by scholarships, with the majority of those funds peace especially for the least among us for the Prince of Peace. Those of other faiths are coming directly from BEA member contribu- these are the first victims when peace is ab- also called by our Creator to work for a tions. sent. These victims are the women, the chil- world of peace not only at this time of year, In addition to the significant contributions it dren, the child soldiers, the soldiers and their but all year long. So my first wish is for makes to nationwide educational funds, BEA families, the poor, the invisible, the uncounted, peace on earth.

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A22DE8.016 E22DEPT1 ccoleman on PROD1PC71 with REMARKS E2636 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2005 As I write my last Witness for Justice col- REVERSE MORTGAGES TO HELP As a cosponsor of the Interrogation Proce- umn, I wish for young people who are ready AMERICA’S SENIORS ACT dures Act of 2005, H.R. 3985, which is iden- and willing to take up the leadership in the tical to Senator MCCAIN’S amendment, I am struggle for a world of peace with justice. I SPEECH OF pleased that conferees were able to come to am reminded that there has been no viable struggle for justice and peace which did not HON. CAROLYN B. MALONEY a good agreement in regard to Senator include young people in the leadership in the OF NEW YORK MCCAIN’S amendment. This amendment de- last century and I am sure that will be true IN THE HOUSE OF REPRESENTATIVES served the utmost support and respect, and I believe that in the end, the conferees were for this century as well. Young people were Wednesday, December 14, 2005 a part of the leadership in the civil rights able to incorporate a clear, unambiguous struggle in the U.S., in the anti-apartheid Mrs. MALONEY. Madam Speaker, I rise in statement on the unacceptability of torture by struggle in South Africa, in the people power support of H.R. 2892, the Reverse Mortgages the U.S. government and military. struggle in the Philippines, even in to Help America’s Seniors Act. As media reports of alleged torture and ex- Tiennamin Square in China. We need young By removing the cap on the number of traordinary rendition become increasingly com- people willing to say war is not the answer, these loans that HUD can guarantee, this bi- mon, and as reports continue of ‘‘secret’’ CIA poverty is not the solution and racism can be partisan bill allows the program to grow with prisons operated throughout Eastern Europe, I no more and to do the difficult work of mak- ing such a world a reality. That may mean demand. am extremely pleased that the Administration using old tried and true methods of protest A reverse mortgage is a creative financing has finally, publicly supported the MCCAIN ban like marches and demonstrations and letter- tool that allows seniors to take some of the on torture. I was appalled earlier this month, writing, and it might include new 21st cen- equity out of their homes without having to sell and in November, to hear of Vice President tury high-tech methods of protest driven by the home, or take on a new monthly mortgage CHENEY’s lobbying of Members of Congress to the internet. We need the energy and enthu- payment. have this provision stripped, arguing that the siasm of young people in the work for peace Because it allows seniors to remain in their provision would restrict the ‘‘flexibility’’ of the and justice and my Christmas wish is that homes and provides them an income, it has intelligence and military communities to wage each one of us who are elders will mentor a proved very popular. These funds can be used an ‘‘effective’’ war against terror. young person to take the lead in this mil- With this conference report, the United lennia-old struggle. for the everyday demands that many seniors face and that can become particularly urgent States has made a clear, unambiguous, and My third wish is for health care for every for those surviving on a fixed income, such as strong statement condemning torture and out- American. If there is one issue which can im- paying off existing debts, paying health care lawing its use by any U.S. military personnel pact every one of us and which can be won in or on any U.S. facility in the world. This is to the next two years, I believe it is national expenses, or paying daily living expenses. health care. Simply put, the health care sys- When the statutory cap of 150,000 loans be greatly commended and I thank my col- tem is imploding all around us. Corporations was reached this spring, there was consterna- leagues for their support of this provision. large and small know it, labor unions know tion that the program would be suspended f it, non-profit organizations know it, retirees even though it is a win-win: it makes money WELCOMING THE KOREA INTER- know it, those 45 million Americans with no for taxpayers and benefits seniors. health care insurance know it, the medical NATIONAL TRADE ASSOCIATION As those events demonstrate, the cap TO WASHINGTON profession knows it, and hospital administra- serves no useful purpose and should be re- tors know it. Even the politicians know that the health care system we now have is not moved. There is no reason to deny seniors this benefit if they decide it works for them, HON. EDOLPHUS TOWNS working for any group in America except OF NEW YORK possibly the insurance industry, but unless especially since it makes substantial money IN THE HOUSE OF REPRESENTATIVES we DEMAND an immediate change, however, for the government—almost $40 million annu- politicians will not do anything about it ally after the first year. Thursday, December 22, 2005 until it collapses around us. Maybe the total I urge my colleagues to vote for H.R. 2892 Mr. TOWNS. Mr. Speaker, the Korea Inter- collapse of General Motors or maybe the in- and make this financial tool available to any national Trade Association (KITA), which has flux of Asian bird flu into the U.S. with mil- senior who wants to use it. lions unable to afford treatment or maybe had offices in New York City since 1967, is millions of retirees losing their promised f expanding its presence in the United States by opening up a major office in the Nation’s Cap- health care benefits or millions of workers CONFERENCE REPORT ON H.R. 1815, ital. being required to pay higher and higher NATIONAL DEFENSE AUTHORIZA- deductibles will be what propels the collapse Founded in 1946 with 105 members, KITA of our present-day system, but my Christmas TION ACT FOR FISCAL YEAR 2006 now represents more than 80,000 Korean wish is that Americans demand that our na- SPEECH OF businesses seeking to sell their products and tion come up with national health insurance services overseas, and in turn buying products before the system collapses not afterwards. HON. BETTY McCOLLUM and services from foreign countries. My wish is for a return of a value which OF MINNESOTA Mr. Andy Mun, the president of KITA’s seems to be disappearing from our land- IN THE HOUSE OF REPRESENTATIVES branch in the United States, has said that hav- scape—the value of integrity. Integrity is a Sunday, December 18, 2005 ing a presence in Washington will be impor- value which can only be earned through a tant now that South Korea and the United life of honesty, fairness, forthrightness and a Ms. MCCOLLUM. Mr. Speaker, I rise to ex- States are engaged in negotiations to create a commitment to the common good of all hu- press my support for H.R. 1815, the Depart- U.S.-Korea Free Trade Agreement. mankind. It is a value which seems to be ment of Defense Authorization Act for Fiscal In order to create a more prominent profile sorely lacking in government, in politics, in Year 2006. in Washington, DC, the Korea International media, in business, even in religion. Integ- Mr. Speaker, torture can never be tolerated. rity means standing up for what is right and Trade Association has purchased a building at just and true, no matter which way the As a country that has historically stood for the 1660 L Street, NW., in the heart of the bus- winds of the world blow. It means speaking promotion and strengthening of human rights, tling commercial center of the city. While KITA truth, not words of political spin. It means our government must not be allowed to blur will occupy several floors of the building, looking out not just for oneself, but for the the line, bend the rules or otherwise distort the which will be designated the Washington whole community, especially those who are truth on acts that are clearly degrading, inhu- Hankook Center, the rest will be used by powerless and can’t stand up for themselves. mane and cruel. Senator JOHN MCCAIN’s American companies, law firms, non-profit It means being willing to admit mistakes amendment to the Fiscal Year 2006 Defense groups, trade associations, and business con- and to ask for forgiveness, knowing that we Authorization, and subsequently Appropria- are all human and fallible. It means match- sultants. The building is part of KITA’s effort to ing your words with your life. My Christmas tions, bills, was overwhelming supported in the build trade centers around the globe. In fact, wish is for an increase in integrity in our Senate, and had bipartisan support in the KITA participates in the World Trade Centers world. House. Regardless of who we are fighting, Association, which has more than 300 mem- My Christmas wish list this year is for and regardless of how the war is going, as bers in 101 countries. It works closely with vir- health and wellness for every reader, for Americans, we must never allow ourselves to tually all World Trade Centers to promote laughter and joy, for strength and comfort in again be accused of torture. Torture destroys trade by providing facilities and services on a the days ahead. In the words of the great the lives of those who are its victims as well reciprocal basis. American writer, Maya Angelou, ‘‘I wouldn’t as the lives, moral authority and strength of In addition, to promote bilateral economic take nothing for the journey’’. those who commit such devastating acts or cooperation, KITA sponsors the Korea-U.S. The struggle continues!!! support them. Economic Council, the Korea-Japan Industry

VerDate Aug 31 2005 07:19 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.021 E22DEPT1 ccoleman on PROD1PC71 with REMARKS December 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2637 and Trade Committee, and the Korea-Hong giveaways to special interests—giveaways the because they cannot or do not want to legis- Kong Business Roundtable. Republican leadership knows perfectly well late, the Republican leadership has decided to In its efforts to promote freer trade, not only could never survive the scrutiny of the ordi- play politics with our troops and use this bill as between the United States and South Korea, nary legislative process. a vehicle to force through harmful provisions. but around the world, KITA organizes various In that regard, I am particularly appalled by It is shameful that this conference report functions and events to enhance mutual un- the inclusion of Arctic National Wildlife Refuge contains, for the first time, authority for oil drill- derstanding on trade issues, seeking to re- (ANWR) drilling in this legislation. And I am ing in the Arctic National Wildlife Refuge. Not solve private-sector trade disputes through not alone: Five high profile military officials— only is this bad policy, but it has nothing to do dialogue. It also works together with its over- including retired General Anthony Zinni—re- with our Nation’s national defense. If Repub- seas counterparts and international economic cently implored Congress not to politicize mili- licans were truly serious about reducing our organizations to provide member firms with tary spending by embroiling it in the ANWR dependence on foreign oil for security rea- opportunities to interact fully with the inter- debate. Senator MCCAIN called the ANWR in- sons, this bill would contain an increase in fuel national community. sertion ‘‘disgraceful’’ and ‘‘disgusting’’. efficiency standards for automobiles or a re- Moreover, KITA places special emphasis on Mr. Speaker, the Arctic National Wildlife newable portfolio standard. Instead, it contains developing and maintaining cooperative rela- Refuge is a spectacular arctic ecosystem, sus- an ideological victory for the anti-environ- tionships with overseas trade promotion orga- taining wildlife so diverse it is sometimes mental leadership of this Congress that would nizations as well as major international organi- called the American Serengeti. Along with a only provide enough oil to meet our country’s zations to facilitate trade and investment on a sizable majority of Americans, I continue to needs for 6 months to a year. reciprocal basis. These cooperation activities believe we should not despoil this national This bill also contains a significant across include trade information exchange, organizing treasure for what amounts to six months worth the board budget cut, which is an unfortunate trade promotional events, joint research, and of gasoline ten years from now. Instead, we and easy way out of making smart spending provision of facilities, such as the new office should move expeditiously to diversify the Na- choices. These cuts will have a harmful impact building on L Street in Washington. tion’s fuel mix away from our reliance on for- on everything from transportation to economic Mr. Speaker, as January 13, 2006, will be eign oil and embrace the renewable energy development to health care. In addition, the the first time we celebrate Korean-American and energy efficiency technologies of the 21st bill contains a damaging provision to provide Day, as designated by the vote of this Con- century. immunity to drug and vaccine manufacturers. gress, I think it is appropriate that we recog- I agree with General Zinni and Senator I am disappointed that the conferees were nize the mutual benefits of trade between our MCCAIN: It is the height of irresponsibility to be unwilling to include fundamental provisions country and South Korea, which has been a playing games with needed defense funds such as $50 million in funding for the African partner of ours in so many endeavors over the when our men and women in uniform are in Union Mission in Sudan. Without these funds, years, from fighting side-by-side with our harm’s way—and I am hopeful the Senate will there will be no U.S. support for Darfur peace- Armed Forces to contributing $30 million in as- reject inclusion of this extremely controversial keepers beginning in 2006. The African Union sistance to the victims of Hurricane Katrina. and unrelated environmental provision in this is the only security force in Darfur that has Barely half a century ago, South Korea was military spending bill. been able to provide a modicum of security. an impoverished casualty of imperialism and Moreover, I strongly object to the eleventh Yet without this funding it will not be able to war; it has now grown to be the 13th-largest hour special interest liability protections added continue its current level of around 6,000 trading nation in the world. Korea is also the to this legislation. Once again, this kind of pro- peacekeepers for an area the size of Texas, 7th-largest trading partner of the United vision is not germane to the defense appro- let alone expand its operations to protect more States, with over $70 billion in business be- priations process. Furthermore, I am con- civilians and aid workers. To allow Congress tween our countries each year. Credit for such cerned it fails to provide adequate compensa- to adjourn without addressing this issue remarkable development belongs in large part tion to legitimately injured patients. makes Republican leadership and the White to the efforts of the Korea International Trade Finally, the Defense Appropriations bill is no House complicit in this ongoing genocide. Association. place to be making spending decisions that We face significant security and military Mr. Speaker, I urge my colleagues to extend have nothing to do with defense. Yet this bill challenges from the war in Iraq to the threat their good wishes and welcome to the Korea contains a 1% across-the-board spending cut of terrorism and nuclear proliferation. Unfortu- International Trade Association as it opens its affecting almost every appropriations bill we nately, the spending choices in this bill do not new offices in Washington, DC. have passed this year. reflect these threats and challenges. The bil- f Mr. Speaker, earlier today I voted in favor of lions we waste on outdated programs like mis- the defense authorization bill to provide the sile defense come at the expense of the less- CONFERENCE REPORT ON H.R. 2863, ongoing authority for ensuring our national de- flashy tools we need to wage counterinsur- DEPARTMENT OF DEFENSE AP- fense. I am particularly pleased that the con- gency warfare in places like Iraq and Afghani- PROPRIATIONS ACT, 2006 ferees on that bill saw fit to include Senator stan, such as armored vehicles and language MCCAIN’s language on the humane treatment training for soldiers. The security of the Amer- SPEECH OF of prisoners held in American custody. ican people and the safety of our men and HON. CHRIS VAN HOLLEN But on this vote I will not reward the abuse women in uniform demand better than this OF MARYLAND of power dragging down this bill. Shame on conference report. IN THE HOUSE OF REPRESENTATIVES this House for playing politics with our troops f during wartime. I urge my colleagues to vote Sunday, December 18, 2005 no so we can return quickly with a defense bill BORDER PROTECTION, ANTI- Mr. VAN HOLLEN. Mr. Speaker, I rise in op- worthy of our military’s service and sacrifice. TERRORISM, AND ILLEGAL IMMI- GRATION CONTROL ACT OF 2005 position to this conference report—and the f breathtaking abuse of power it represents. SPEECH OF The purpose of a Defense Appropriations CONFERENCE REPORT ON H.R. 2863, bill is to fund the fighting forces of the United DEPARTMENT OF DEFENSE AP- HON. CAROLYN B. MALONEY States and to provide our troops with the sup- PROPRIATIONS ACT, 2006 OF NEW YORK port and equipment they need. At no time is IN THE HOUSE OF REPRESENTATIVES SPEECH OF that obligation more solemn than when our Friday, December 16, 2005 soldiers are at risk in places like Iraq and Af- HON. EARL BLUMENAUER The House in Committee of the Whole ghanistan. OF OREGON That is why it is so inexcusable for this con- House on the State of the Union had under IN THE HOUSE OF REPRESENTATIVES consideration the bill (H.R. 4437) to amend gressional leadership to put our troops in jeop- Sunday, December 18, 2005 the Immigration and Nationality Act to ardy by playing politics with this bill. strengthen enforcement of the immigration Republicans and Democrats should unite Mr. BLUMENAUER. Mr. Speaker, the legis- laws, to enhance border security, and for behind a clean, bipartisan conference report lative process has clearly broken down and other purposes: that supports our soldiers and provides for a this conference report reflects that sad state of Mrs. MALONEY. Mr. Chairman, I rise today robust national defense. Instead, this legisla- affairs. Included in this bill are a number of in opposition to the so-called Border Protec- tion arrives on the floor packed with highly di- critical issues that have nothing to do with de- tion, Antiterrorism, and Illegal Immigration visive, completely extraneous, last minute fense and deserve separate votes. Instead, Control Act of 2005, H.R. 4437. I am deeply

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.024 E22DEPT1 ccoleman on PROD1PC71 with REMARKS E2638 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2005 concerned with this legislation because it fails When I consider how these cuts will impact CONFERENCE REPORT ON H.R. 2863, to seriously address our Nation’s true immigra- my constituents and their families back in Sac- DEPARTMENT OF DEFENSE AP- tion problems. ramento—not to mention Anna and her PROPRIATIONS ACT, 2006 Our nation’s immigration system needs a friends—it is clear this is not a conscientious serious overhaul, but this is not it. This is a bill way to cut spending. SPEECH OF that has been rushed to the floor, about a For example, one of the critical programs HON. CAROLYN C. KILPATRICK week after it was introduced and after only cut in this bill are student loans. By doing so OF MICHIGAN one committee hearing that later discharged we are placing greater financial stress on stu- IN THE HOUSE OF REPRESENTATIVES the bill on a party line vote. For an issue as dents who are already spread thin. important as this, we should work together, we Recently I met with a group of students from Sunday, December 18, 2005 should work towards consensus, we should Sacramento State, who reiterated this point to Ms. KILPATRICK of Michigan. Mr. Speaker, take the time it takes to get it right. Instead, me. Each one of them stressed the impor- reluctantly, I rise in opposition to the bill mak- the Republican leadership is more interested tance of student loans in financing their edu- ing appropriations for the Department of De- in passing legislation that may look good on a cation. fense for fiscal year 2006. Had this bill been press release, but does not solve our immigra- We need to be investing in the future to limited to providing funding for our Nation’s tion problems and is not realistic. compete in the global marketplace. But, by defense and our men and women serving our If the Republican leadership was serious cutting these loan programs we are undercut- country, this bill would have my wholehearted about securing our borders and preventing the ting America’s ability to compete. support. But there are major sections in this entry of undocumented immigrants, they would This is only one example of the impact of bill that have nothing to do with our Nation’s fully fund the additional 10,000 border agents these cold-hearted spending cuts. Spending defense. They found their way into this bill be- that we authorized when we passed the Intel- cuts necessary to finance the tax breaks in cause it is ‘‘must have’’ legislation. I refuse to ligence Reform and Terrorism Prevention Act, this budget package. play the game of legislative blackmail. These Public Law 108–458, last year. The addition of We need to restore fiscal responsibility in a provisions ought to be stripped from this bill. these agents, which had broad bipartisan sup- way that makes sense—in a way that aligns The majority leadership profanes the military port, was a provision that would have a direct with the priorities of the American people. But by adding these extraneous provisions. For impact on securing both our Southern and the draconian cuts in this bill will not accom- these reasons, I must vote against this de- Northern borders and had broad bipartisan plish that. If you showed the American people fense-funding bill. support. However, when it comes time to fund the tradeoffs in this budget, they would tell One of the major problems with this bill is these additional agents, Congress consistently Congress to go back to the drawing board and that it will make an $8 billion across the board comes up short. get it right. They would urge us to fund vital cut in all 2006 discretionary spending, exclud- This bill is strongly opposed by a broad programs before cutting taxes for the fifth time ing veterans. I strongly support our veterans range of organizations such as U.S. Chamber in five years. but the $8 billion in cuts include special edu- of Commerce, American Immigration Lawyers Why rush through legislation that could have cation, ‘‘No Child Left Behind,’’ homeland se- Association, American Farm Bureau, National tremendous repercussions on so many in this curity, defense spending, low-income heating Association of Homebuilders, Catholic Char- Nation? Instead, I would urge my colleagues assistance, job and employment assistance, ities USA, Associated Builders and Contrac- to vote down this bill—take this holiday sea- the Women, Infant, and Children Program, tors, United Auto Workers, among others. This son to reflect on our Nation’s true priorities WIC, and many other programs. broad coalition of organizations and interest and needs. Let’s start fresh next year and fig- The sections authorizing oil drilling in the groups understands that H.R. 4437 is not a ure out a way to protect future generations Arctic National Wildlife Refuge, ANWR, should solution to our existing immigration problem without impeding this government’s ability to not be in this defense-spending bill. H.R. 2863 and in fact may exacerbate it. help those that need it the most. also exempts drug companies from liability. I urge my colleagues to oppose this bill. f Drug company language does not belong in f CONFERENCE REPORT ON H.R. 2863, this bill. Drug companies should be liable CONFERENCE REPORT ON S. 1932, DEPARTMENT OF DEFENSE AP- when their products cause physical harm or DEFICIT REDUCTION ACT OF 2005 PROPRIATIONS ACT, 2006 death to consumers. I am also opposed to this bill because I do not think that the Republican SPEECH OF SPEECH OF leadership should use our troops to accom- HON. DORIS O. MATSUI HON. JIM RAMSTAD plish political goals that are unpopular with Americans. For these reasons I must vote OF CALIFORNIA OF MINNESOTA against this defense bill. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Sunday, December 18, 2005 Sunday, December 18, 2005 Ms. MATSUI. Mr. Speaker, today we begin Mr. RAMSTAD. Mr. Speaker, I rise to CONFERENCE REPORT ON S. 1932, to debate this budget package and attempt to strongly oppose the use of our brave troops DEFICIT REDUCTION ACT OF 2005 wrap up legislative business for the year. As as political cover to open the Arctic National SPEECH OF we do so, many members find themselves Wildlife Refuge, ANWR, to oil drilling. thinking about going home to be with their Adding the totally unrelated and highly con- HON. CAROLYN B. MALONEY families. troversial ANWR drilling provision to the De- OF NEW YORK For me, I look forward to spending time with fense appropriations bill (H.R. 2863) is the IN THE HOUSE OF REPRESENTATIVES my family and particularly my 2-year-old most outrageous abuse of power I’ve seen in Sunday, December 18, 2005 granddaughter Anna. As many of my col- my 15 years as a member of Congress. leagues already know, Anna is the driving This last-ditch effort to impose oil drilling in Ms. MALONEY. Mr. Speaker, this adminis- force behind my work in Congress—I want to the Arctic wilderness by converting the De- tration, in concert with this Congress under make sure that we create policy that is best fense appropriations bill into a ‘‘garbage bill’’ is this leadership, has given us five years of for Anna and those in her generation who do a great insult to our troops and a flagrant record debt and deficits. It seems that with not have a say in what we are doing here abuse of the legislative process. each new month comes a new dubious today. We should oppose this heavy-handed, back- record—just last week we learned that the Therefore, I favor reducing the deficit. Anna door tactic to impose oil drilling in one of the trade deficit for October hit another all-time and her generation should not have to bear Nation’s last great wilderness areas. high. the burden of the debt this Congress has cre- We should vote down the conference report This reckless fiscal policy has come on the ated. But Congress must reduce the deficit in so the conferees can remove the ANWR pro- heels of the thriving economy of the 1990s, a responsible manner that results in a shared vision and bring back a clean Defense spend- when we showed that government can be fis- sacrifice. ing bill tonight for our approval. cally disciplined and compassionate to our Unfortunately, H.R. 4241 fails to do this. It I urge members to honor our troops and neighbors most in need at the same time. disproportionately places the burden of these stand up for the environment by rejecting this That time and that economic philosophy is a cuts on a few. And it also imposes cuts on key conference report. distant memory, having given way to mis- programs including Medicaid, child support en- Let’s not hold our brave troops hostage to guided priorities. Now, instead of fundamen- forcement and student loans. Arctic oil drilling! tally changing the economic approach that

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.028 E22DEPT1 ccoleman on PROD1PC71 with REMARKS December 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2639 turned record surpluses into record deficits death row prisoners in State habeas pro- and allow them to hire necessary experts. The and that has floated us down a river of red ceedings. It is also designed to keep a bargain State now spends a lot of money on post-con- ink, we have the bill that is before us. It gives that the Federal Government made with the viction representation for death-row inmates— no real help to our debt and deficits, and it tar- States in 1996. The amendment assigns the the median case costs the State $64,000, gets programs that need help the most. U.S. Attorney General to evaluate whether a while one case cost $138,000. Again, this is By cutting less than one half of one percent State is providing qualified counsel to capital just for State habeas review. It does not in- of the projected $14.3 trillion in federal spend- prisoners in State habeas proceedings, a con- clude the State’s expenses to provide counsel ing over the next five years, we are not return- dition for receiving the benefits of the expe- at trial or on direct appeal from the trial. For ing to fiscal sanity, as supporters of this bill dited habeas procedures of chapter 154 of the example, Arizona also guarantees a capital claim. U.S. Code. The amendment thus gives States defendant two highly qualified attorneys at And despite what some on the other side of a real chance to qualify for chapter 154 treat- trial. the aisle might think, slashing programs that ment. By ensuring that States will receive One might think that, in light of all that the help low-income Americans and our seniors streamlined proceedings in Federal court if State of Arizona has done to provide high- stay healthy and help our young go to college they provide quality counsel in State habeas quality counsel to capital defendants, surely it is not sound policy. A $12.7 billion cut to stu- court, the amendment will reduce delays in must have qualified for chapter 154 by now dent loans will not help educate Americans. A death penalty appeals. and must be enjoying the benefits of that $6.9 billion cut in Medicaid and the State Chil- This is a goal that everyone, left and right, chapter. But that is not what has happened. dren’s Health Insurance Program will not keep should agree with. Even those who passion- The problem is simple: under current law, the low-income Americans healthy. And a $6.4 bil- ately oppose the death penalty should want local Federal court of appeals decides whether lion cut in Medicare is not beneficial to the the system to be fair to victims. No one should a State has opted in to chapter 154. In Ari- well-being of our nation’s seniors. support a system that routinely forces the fam- zona, the Ninth Circuit has refused to grant Instead, this bill shows a lack of compassion ily of a murder victim to endure 10, 15, or Arizona the benefits of chapter 154. Even and a lack of vision for the long-term health even 20 years of appeals. Yet in too many though Arizona has lived up to its end of the and productivity of our Nation. It would be cases, that is exactly how our current system bargain, the Ninth Circuit refuses to allow the more beneficial if we returned to the sound, works even in cases where there is no real Federal government to abide by its end of the balanced-budget vision that guided us through dispute over guilt. In my home State of Ari- deal. the prosperous ’90s. zona, over two-thirds of death row prisoners A case that illustrates the problem is the I urge my colleagues to vote ‘‘no’’ on this have finished all of their State appeals and are Ninth Circuit’s extraordinary decision in Spears uncompassionate bill and to instead focus on engaged in Federal habeas litigation. Most of v. Stewart, 283 F.3d 992 (2002). The three- a revision of our economic direction. these cases have now been in the Federal judge panel in Spears found that Arizona’s f courts for five years or more. Ten cases have system for providing post-conviction counsel been in Federal court for 8 years or more, and complied with chapter 154. The court con- CONFERENCE REPORT ON H.R. 3199, 5 cases have been in Federal court for more cluded that Arizona’s system sets mandatory USA PATRIOT IMPROVEMENT than 15 years. And this is all on top of the and binding competency standards for coun- AND REAUTHORIZATION ACT OF time that it takes to complete all state appeals, sel, provides reasonable compensation to 2005 which usually requires 5 or 6 years. counsel, pays reasonable litigation expenses, Under the current system, victims’ families and offers such counsel to all capital defend- SPEECH OF are forced to repeatedly relive an awful event ants. The court nevertheless managed to find HON. JEFF FLAKE throughout the progress of this lengthy litiga- that Arizona could not receive the benefits of OF ARIZONA tion. During that process, they must wonder if chapter 154 because of a delay in appointing IN THE HOUSE OF REPRESENTATIVES they will be forced to appear at another hear- counsel. Defense lawyers initially had boy- ing, if there will be another trial, or if the per- cotted this system, and in some cases this re- Wednesday, December 14, 2005 son who killed their son or daughter will even sulted in delays. The defendant in Spears did Mr. FLAKE. Madam Speaker, I would like to be released. They literally are denied closure, not even allege that this delay prejudiced his comment on section 507 of today’s PATRIOT the right to forget about the person who killed case. But the Ninth Circuit found this delay a Act conference report, which authorizes the their loved one and to move on with their sufficient excuse to deny Arizona the benefit U.S. Attorney General to certify whether a lives. And this frequently goes on for more of chapter 154, even though Arizona’s system state has qualified for the expedited habeas than 15 years. A system that treats crime vic- complied with that chapter. corpus procedures in chapter 154 of title 28 of tims this way is intolerable. The decision of the Spears three-judge the U.S. Code. Section 507 is of particular im- The amendment that I offer today is particu- panel alone is troubling. The chapter 154 qual- portance to my home State of Arizona, which larly important to my home State of Arizona. ification decision is supposed to be a one-time for many years has satisfied the post-convic- Arizona is both a State that has experienced decision. Once a State’s system qualifies, the tion counsel requirements of chapter 154, but extreme delays in Federal-court review of cap- issue is not supposed to be litigated again on which has been unfairly denied the procedural ital cases, and a State that has acted to pro- a case-by-case basis. Even more disturbing benefits of that chapter by the Ninth Circuit. vide quality counsel in state habeas pro- than the three-judge panel’s decision, how- Section 507 is similar to a section of the ceeding in response to the offer that the con- ever, is a dissent from the full court’s refusal Streamlined Procedures Act, a general habeas gress made in 1996. The habeas reform of to rehear the case that was signed by 11 ac- corpus reform bill that was introduced earlier that year created chapter 154 of title 28. This tive judges of the Ninth Circuit. These 11 this year in the House by Mr. LUNGREN of Cali- chapter told the States that, if they provide judges stated that the panel’s decision that Ar- fornia, and in the Senate by my Home state qualified state habeas counsel to capital de- izona’s system qualifies for chapter 154 is colleague, Senator KYL. Section 507 is also fendants, the Federal government would merely dicta and not binding in future cases. virtually identical to an amendment that I filed streamline Federal court review of capital Although the issue of Arizona’s 154 status and sought to offer last month to H.R. 1751, cases. In Federal court, chapter 154 would was squarely before the three-judge panel and the Secure Access to Justice and Court Secu- limit the claims that defendants could raise, was decided by that panel, this gang of 11 rity Act of 2005. My amendment had been barring virtually all claims that were not prop- judges declared that they would not follow that made in order by the Rules Committee and erly raised and addressed on the merits in decision in future cases. As they said: ‘‘To put was listed in House Report 109–279. At the state court. Chapter 154 would apply strict it bluntly, neither we, nor any other court is last minute, however, various political objec- deadlines to Federal court review, requiring bound by the panel’s advisory declarations in tions were made to my amendment and Chair- the district court to decide the case in 6 this case.’’ Spears, 283 F.3d at 998 man SENSENBRENNER asked me not to offer it months and the court of appeals to rule in 4 (Reinhardt, J., dissenting from denial of re- to H.R. 1751. The Chairman assured me that months. hearing). he would accommodate me with regard to this Shortly after the 1996 reforms were en- A statement by 11 judges that they will matter on some other legislation. I am pleased acted, the Arizona legislature and the State refuse to follow their own court’s final decision to see that he was able to do so on the PA- supreme court implemented a system that itself is extraordinary, as several other judges TRIOT Act, which now appears that it will be would allow the State to opt in to chapter 154. noted in Spears a concurrence to the denial of enacted into law sooner than H.R. 1751. The State created mandatory competency rehearing. If a court refuses to abide by its My amendment is designed to give States a standards for capital post-conviction counsel, own precedents, litigants can have no way of real incentive to provide quality counsel to and provided funds to attract good lawyers knowing what the law is and how they should

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.032 E22DEPT1 ccoleman on PROD1PC71 with REMARKS E2640 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2005 arrange their affairs. Such behavior does sub- However, some courts might construe the same position that it would be in today stantial damage to the rule of law. 2265(a)(2) to mean that while the chapter 154 had the Spears case proceeded under chapter What such behavior also demonstrates is a system thereafter governs Federal habeas ap- 154 from the beginning. refusal to enforce the laws enacted by Con- plications that have already been filed, the ac- My amendment also extends the time for a gress. It shows that chapter 154 will remain a tual procedural benefits of that chapter—espe- district court to rule on a 154 petition from 6 dead letter so long as the obligation to enforce cially the claims limitations and amendment months to 15 months. I have been informed it remains in the hands of courts such as the limits would only apply on a going-forward that the bill that became the 1996 Act origi- Ninth Circuit. It is clear that, if any two of the basis—i.e., only to claims or amendments filed nally adopted 6 months as the limit as an ini- 11 judges who joined the Spears rehearing after the date of enactment of this law. Thus tial bargaining position. The intention had dissent are assigned to a future Arizona 154 when I added a few other provisions to the been to eventually extend this to 12 months, case, they will not feel obligated to follow amendment, I also inserted subsection (g), but because of the politics of the enactment of Spears and the State will be relitigating the which is the same as subsection (d) of section AEDPA, it was not possible to change this issue of its 154 status from scratch. Indeed, 507. This subsection, by explicitly applying deadline later in the legislative process. My portions of the Spears dissent argue that Ari- section 507 and the changes that it makes to amendment is even more generous than the zona’s ‘‘statutory scheme did not comply with all qualified pending Federal habeas cases, original authors’ intention, giving the district Chapter 154’s requirements.’’ Spears, 283 should make clear that when Congress says courts 15 months, in recognition of their bur- F.3d at 1002 (Reinhardt, J., dissenting from that it wants the new law to apply retro- densome caseloads and the fact that they do denial of rehearing). The tone of the 11-judge actively, it means that the law will apply retro- the real work in Federal habeas cases—they dissent also betrays an open hostility to the actively—that it will govern new claims as if it are the courts that hold hearings, if necessary, chapter 154 system. had been in effect as of the effective date of to identify the truth of a case. This same The trouble with chapter 154 is that the the chapter 154 certification. change was included in subsection (e) of sec- courts assigned to decide when it applies are Any non-retroactive application of chapter tion 507. the same courts that would be bound by the 154 would be fundamentally unfair to States Subsection (f) of section 507 is the same as chapter’s strict deadlines if a State is found to such as Arizona, which has been providing a provision in subsection (e) of my amend- qualify. Simply put, the regional courts of ap- post-conviction counsel to State prisoners for ment. This subsection codifies the rule of peals have a conflict of interest. They decide nearly a decade but has been inappropriately McFarland v. Scott, 512 U.S. 849 (1994), whether the States are entitled to a benefit denied the benefits of chapter 154 for some which allows a stay to issue on the basis of which places a burden on the courts them- cases that already have progressed to Federal an application for appointment of Federal ha- selves. Some prosecutors also believe that re- habeas. In the Spears case, for example, the beas counsel (without the actual filing of a pe- fusal to enforce chapter 154 also reflects a Ninth Circuit even found that Arizona’s coun- tition), but it limits such stays to a reasonable hostility to the death penalty—that some sel system met chapter 154 standards, but the period after counsel is actually appointed or judges are ignoring the law because they do court nevertheless came up with an excuse for the application for appointment of counsel is not want to see death sentences carried out. refusing to apply chapter 154 to that case. If withdrawn or denied. the Attorney General and the DC Circuit con- If this is true, it is absolutely unacceptable. A f judge has an obligation to uphold and enforce clude that Arizona met chapter 154 standards a valid law, whether or not he agrees with it. prior to Spears’s receipt of counsel, as I am PERSONAL EXPLANATION My amendment makes several changes to confident that they will, Arizona should receive chapter 154 to ensure that it provides real and all of the benefits of chapter 154 for that case HON. LOUISE McINTOSH SLAUGHTER meaningful benefits to States that provide and subsequent cases, as if chapter 154 had OF NEW YORK quality post-conviction counsel. First and most governed the Federal petition as of the day it IN THE HOUSE OF REPRESENTATIVES importantly, it assigns the 154 certification de- had been filed (as it should have). Chapter cision to the U.S. Attorney General and the 154, for example, does not allow cases to be Friday, December 30, 2005 DC Circuit, rather than the local courts of ap- remanded to State court to exhaust new Ms. SLAUGHTER. Mr. Speaker, I was un- peals that have an interest in the case. The claims (a considerable source of delay on avoidably detained and missed rollcall votes Attorney General receives no benefits from Federal habeas), and it places very sharp lim- Nos. 664 and 671. Had I been present, I chapter 154, and he has expertise in evalu- its on amendment to petitions. Arizona should would have voted ‘‘aye.’’ Mr. Speaker, I ask ating State criminal justice systems. Just last not be forced to litigate claims in Spears’s pe- unanimous consent that my statement appear year, for example, Congress assigned the At- tition that were defaulted, that were in the permanent RECORD immediately fol- torney General to evaluate State DNA testing unexhausted and sent back to State court, or lowing these votes. and capital counsel systems in the Justice for that otherwise were not addressed by State H.R. 2520, on Passage, rollcall No. 664, All Act. Review of the Attorney General’s deci- courts when Spears first filed the petition (un- ‘‘aye.’’ sion in the DC Circuit also is appropriate. Be- less those claims meet the narrow exceptions H. Con. Res. 275, rollcall No. 671, ‘‘aye.’’ cause there is no Federal habeas review of in subsection 2264(a)). Nor should the State f criminal convictions in the District of Columbia, be forced to litigate claims that were added to the DC Circuit also has no stake in whether or the petition in amendments that do not satisfy CONFERENCE REPORT ON H.R. 2863, not a State qualifies for chapter 154. chapter 154’s limits on amendments. DEPARTMENT OF DEFENSE AP- My amendment, like subsection (d) of sec- Applying chapter 154 retroactively may PROPRIATIONS ACT, 2006 tion 507, also makes clear that a determina- seem harsh, but it is important to recall that tion that a State has satisfied the chapter 154 any prisoner whose Federal petition will be SPEECH OF standard as of a particular date will apply governed by 154 necessarily received counsel HON. JOSEPH CROWLEY retroactively to all pending habeas cases for in State post-conviction proceedings. Unlike OF NEW YORK which the prisoner received State habeas after the typical uncounseled State habeas peti- IN THE HOUSE OF REPRESENTATIVES the certified date. This will ensure that a State tioner, who may not have been aware of State will receive all of the procedural and litigation procedural rules or of all the potential legal Sunday, December 18, 2005 benefits that it should have received had the claims available to him, a chapter 154 habeas Mr. CROWLEY. Mr. Speaker, shame! That Federal habeas claim been governed by chap- petitioner will have no excuse for not making is all I can say—both on the way the Repub- ter 154 from the day that it was filed, as it sure that all of his claims were addressed on lican leadership has governed this country this should have been. The proposed paragraph the merits in State court. (Or rather, any ex- year—and on how they are using the troops 28 U.S.C. 2265(a)(2) in my amendment cuse will be limited to those authorized in 28 as a political tool to provide huge taxpayer makes clear that, once the Attorney General U.S.C. 2264(a).) I believe that, given the re- benefits to the oil and gas industry. determines that a State established a post- sources Arizona has devoted to providing Over 2,100 Americans killed in Iraq, and the conviction capital-counsel system by a par- post-conviction counsel, the State should eas- Republican leadership waits until the last night ticular date, the chapter 154 eligibility certifi- ily qualify for chapter 154. The Ninth Circuit of Congress—3 months after we needed to cation shall be effective as of that date. Thus, has treated Arizona unfairly by denying it fund the military—to pass the spending bill for if a capital prisoner received State habeas chapter 154 status. If the U.S. Attorney Gen- our troops. counsel after that effective date, the case is eral and DC Circuit agree that Arizona should This is called a ‘‘must pass’’ bill, as it is one governed by chapter 154 in Federal pro- have been 154-certified when Spears filed his Congress MUST pass as if we don’t, the mili- ceedings. Federal petition, Arizona should be placed in tary will literally run out of money and not be

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.035 E22DEPT1 ccoleman on PROD1PC71 with REMARKS December 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2641 able to pay our troops, buy supplies and give There is more shame to go around Con- problems, some in the Congress and the ad- them shelter. gress now than indictments, and that is saying ministration find it easier to go rushing into a Specifically, the facts show that without something today in Washington. The Repub- treasured wildlife sanctuary for a short-term passing this bill, our military is slated to run licans are holding funding for our military, stopgap. out of money for Iraq operations in January. funding for body armor, funding for security for They were unable to get what they want What does this mean? It means the curtail- military personnel hostage to keep the world through the normal legislative process. So, my ment of training and equipment maintenance safe for the profits of big energy. colleagues on the other side of the aisle used activities in the United States to better prepare And for that you pay $2.35 a gallon for gas! a ploy—they attached their legislation to a de- our troops. Regardless of what one thinks of the war, fense bill, literally in the middle of the night. It means that contracts will be severely de- we need to protect our sons and daughters As if that weren’t bad enough, this bill has layed or canceled to provide body armor, ar- fighting over there. also been saddled with an irresponsible gift to mored vehicles, jammers, and radios needed But again, this bill and this Administration drugmakers, shielding them from liability and in the field to keep these guys not only pro- falls short, using politics over policy; using po- giving victims only phantom protections. This tecting our security but protecting their own litical consultants over generals to fight a war. is another proposal that did not go through the lives. Who loses? Our troops lose. Their families regular legislative process and could not have But the politicians in Washington, many of lose. America loses. passed on its own merits. whom have never worn the uniform and have But this bill again reflects the warped prior- Added on to all of that is a one percent done a heck of a job to avoid service, now ities of the Bush Administration. across the board cut that will affect homeland stand proud and mighty saying they are work- While I am angry about this process and security, education and health care programs. ing for these troops safety. this bill, I will reluctantly vote for it as our men It will even chop $4 billion from the defense And they will again use our troops as a prop and women in military need these funds im- budget that supports our troops. Again, this to make their so-called case. mediately—even with these shameful addi- did not go through the regular process and But the facts are the troops are the last tions. could not have passed on its own merits. things on the mind of the White House and I won’t play the Republicans’ game and hold Though I cannot vote for this bill on prin- this shameful Republican Congress. our troops hostage, but I hope the Repub- ciple, I am glad that it includes the restoration This Republican Congress and this Bush licans in Congress and the White House who of $125 million for sick and injured 9/11 re- White House has continually underfunded our use our military as a political sound bite or tool sponders. The money was taken back from troops and used them as a political prop. to pass their own unrelated items recognize the responders at the president’s request in Remember ‘‘Mission Accomplished’’ any- they represent the worst of America. the Labor-HHS appropriations bill we passed one?!? The blood of American men and women is If Congress cared about our military so, out- recently. My colleagues in the New York dele- on their hands for their politics of delay, diver- side of props and campaign commercials, why gation and I worked hard to ensure that the 9/ sion and division. is this bill 3 months behind schedule? 11 heroes can keep the assistance many of Why is this bill being used to provide a I yield back what shame is left in this cor- them so desperately still need. We were in- multi-billion gift to the nation’s biggest gas rupt institution. formed shortly before Thanksgiving that the companies, by allowing them to drill in Alas- f Speaker would find a way to salvage the funds, and I thank him for following through ka? CONFERENCE REPORT ON H.R. 2863, The Republican Leadership attached the with this action. DEPARTMENT OF DEFENSE AP- Despite the positive aspects of this bill, the can’t pass ANWR provision to this must pass PROPRIATIONS ACT, 2006 bill in the ultimate example of politics gone other side of the aisle has attached—literally at the last minute—many unrelated items, wrong. SPEECH OF By not giving us the ability to vote on which makes it impossible to support its pas- ANWR alone, this does not mean that we ap- HON. CAROLYN B. MALONEY sage. Such actions shouldn’t be tolerated by prove of this misguided policy. OF NEW YORK this House. I wish to be associated with the I thought they were making enough profits IN THE HOUSE OF REPRESENTATIVES comments of my friend and colleague, Mr. off Americans at the pump now—but Con- Sunday, December 18, 2005 OBEY, who has spoken strongly in opposition gress and the White House think they can to the process under which this final bill was make more money for the ExxonMobils of the Mrs. MALONEY. Mr. Speaker, America’s created. world—this time off the backs and lives of our servicemen and servicewomen are the brav- f troops fighting overseas in Iraq and Afghani- est, most valiant and skillful soldiers on earth and because of them, our military is the best CONFERENCE REPORT ON S. 1932, stan. DEFICIT REDUCTION ACT OF 2005 This is the most shameful act I have seen in history. As the daughter and brother of war veterans, I am particularly supportive of our in the most corrupt Congress in American his- SPEECH OF tory. Nation’s soldiers. The men and women serv- This year America has seen the Republican ing America deserve the full support of our HON. CHRIS VAN HOLLEN Majority Leader of the House of Representa- Nation. This is why it is particularly distasteful OF MARYLAND tives TOM DELAY be indicted on money laun- and dangerous when elected officials in Wash- IN THE HOUSE OF REPRESENTATIVES ington play politics with legislation that affects dering charges. Sunday, December 18, 2005 America has seen the Republican Majority our troops serving right now in Iraq, Afghani- Leader of the Senate BILL FRIST under inves- stan and elsewhere. Mr. VAN HOLLEN. Mr. Speaker, unfortu- tigation for criminal charges—charges like It is tremendously disappointing that the nately for the American people, this reconcili- those that sent Martha Stewart to jail. leadership from the other side of the aisle has ation spending conference report arrives back America has seen a senior Republican Con- decided to play politics with this bill. They in this Chamber substantially unimproved from gressman from California, Randy have taken a straightforward bill to fund our its original form. Cunningham, take over $2 million in bribes military, knowing that it is destined to pass, Notwithstanding modest revisions in areas through war-profiteering using information he and hung politically controversial and unac- like food stamps, low income heating assist- gathered on the House Intelligence Com- ceptable legislation to it. They have given us ance and physician reimbursement under mittee. a withering Christmas tree. Medicare, this package represents a warped He sold this confidential information to the This is politics at its distasteful worst, and it vision for America: take from those with the highest bidder, but this Congress won’t even must be rejected. I am voting ‘‘no’’ on this bill least, give to those with the most and tell our seize his 6-figure, taxpayer-financed annual because of the bad governance it represents children they will have to pay for it all later. pension. and because of the bad policy attached at the It would be a disgraceful document at any America has seen the U.S. Congress put up last minute. time of the year, but seems particularly for sale to the highest bidder by people like Opening part of the Arctic National Wildlife Scrooge-like during this Holiday season. Jack Abramoff and Mike Scanlon. Refuge to oil drilling creates environmental Take Medicaid and the State Children’s But tonight, we are seeing something far harm in pursuit of a band-aid for our Nation’s Health Insurance Program (SCHIP), which this worse and far more depraved, the complete energy problems. Instead of putting adequate conference report slashes by $6.9 billion. The politicization of our troops, serving in war time, resources into developing alternative energy cost-sharing and premium increases man- to provide a boon to the oil and gas industry. sources, which could solve our long-term dated by this legislation fall entirely on the

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.039 E22DEPT1 ccoleman on PROD1PC71 with REMARKS E2642 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2005 poor—who have no other way to access basic strengthen enforcement of the immigration voted to improving the living conditions of health care for themselves and their families. laws, to enforce border security, and for Hmong people both in Laos and the U.S. Dr. Or the $2.6 billion in cuts for child support other purposes: Pobzeb was a tireless advocate for a people enforcement, foster care and Supplemental Mr. UDALL of New Mexico. Mr. Chairman, I and culture that faced tremendous persecu- Security Income (SSI), designed to assist sin- rise today in opposition to H.R. 4437, the Bor- tion, and he took every opportunity to remind gle parents, foster children and the disabled. der Protection, Antiterrorism, and Illegal Immi- the international community of the plight of the Setting aside the immorality of deliberately tar- gration Control Act of 2005. Hmong people in Laos. I was proud to work geting the most vulnerable among us, child The bill before us today is an unprece- together with him, time and time again, in this support enforcement dollars actually save the dented assault on both documented and un- fight. government money through reduced public as- documented immigrants. It creates policies Mr. Speaker, it is my distinct honor to com- sistance costs. that are burdensome and that threaten those memorate the life of such an incredible man. Then there’s higher education, whose $12.7 legitimately seeking asylum. Dr. Pobzeb was truly an exemplar of compas- billion cut accounts for about a third of this It also creates new burdens on business. sion and dedication, and on behalf of the citi- $39.7 billion conference agreement. Though For example, the bill requires all employers to zens of Wisconsin’s Eighth Congressional Dis- $1.6 billion less than the House’s original dra- verify within two years that all of their new trict, I offer my condolences to his family, and conian proposal, $12.7 billion remains the sin- hires are in the U.S. legally. Those employers pay tribute to his life of activism and sacrifice. would have to verify the immigration status of gle largest cut to student aid in the forty year f history of the Higher Education Act. The re- all employees within six years. Not only is it sulting increase in interest rates, fees and extremely discriminatory to question the legal RECOGNIZING THE SESQUICENTEN- other charges represents an unprecedented status of every new employee, this verification NIAL OF SAINT JOHNS, MICHI- disinvestment in our students and their fami- system also places an extremely unreason- GAN lies—at precisely the time our young people able burden on the private sector—both large are going to need that education the most. and small businesses. Instead of creating a HON. MIKE ROGERS We already know that college graduates new level of bureaucracy for our business OF MICHIGAN earn $1 million more over their lifetimes than owners to have to follow, we just should en- IN THE HOUSE OF REPRESENTATIVES force the laws that we already have in place. their cohorts who do not attend college, which Thursday, December 22, 2005 gives taxpayers a tremendous return on their The bill also expands mandatory detention federal financial aid investment. Additionally, of immigrants, including women and children Mr. ROGERS of Michigan. Mr. Speaker, I over the course of this past year scores of who come to the United States seeking asy- rise today to recognize the 150th anniversary CEOs from across the country have repeat- lum. Some of these people have been subject of the founding of Saint Johns, Michigan. Saint edly told this Congress that a highly educated to crimes inconceivable to most Americans, Johns was established by John Swegles and workforce is a critical prerequisite for maintain- and could be subject to even more egregious a team of state officials and land speculators ing America’s competitive advantage in the violations should they be denied asylum. We who purchased and platted Saint Johns based knowledge, information and innovation econ- should not pass legislation that prevents refu- on information about a new railroad depot in omy of 21st century. gees and others seeking persecution from Michigan. These speculators selected the site Given these realities, it is the height of finding safety in our country. in 1853 looking to create a new town along penny wise, pound foolish bean-counting to The bill also includes a provision requiring the Detroit & Milwaukee Railroad, however it put college even further out of reach for the the construction of security fencing along por- was not until 1856 that the railroad arrived in generation of Americans who will have to face tions of our southern border that have high Saint Johns. these challenges. Yet that’s precisely what this rates of illegal border crossing, with one of Today, Saint Johns in affectionately known conference report does. these sections being in my home state of New as Mint City, USA. The State of Michigan pro- Mr. Speaker, while I commend the con- Mexico. This provision alone creates a false duces nearly enough mint flavor to make 6.9 ferees for embracing substantial reforms I sense of security. Building this fence will not billion sticks of chewing gum each year, the have long advocated regarding the need to stop the flow of undocumented immigrants into majority of which is produced in and around end 9.5 percent guaranteed floor loans and this country—it will only force them to take an- Saint Johns in Clinton County, MI. Every Au- strengthen oversight of schools acting as lend- other route. Additionally, we are not in a posi- gust, Saint Johns’ mint heritage is celebrated ers, this progress does not begin to redeem tion to know what the environmental impact with an annual mint festival. the damage done by the rest of the legislation. would be on a project of this size. It could se- Mr. Speaker, the City of Saint Johns has a The $40 billion in spending cuts tonight’s verely affect those millions of acres of land rich history and a vibrant future. I ask all my proponents take such pride in pronouncing are surrounding the border, as well as the wildlife colleagues to join me and the citizens of Saint in fact dwarfed by $110 billion in tax cuts this living upon it. Johns in recognizing the sesquicentennial of same Congress proposes to enact this year— This bill misses the mark completely, by its this historic Michigan city. tax cuts whose benefits flow disproportionately arbitrary and burdensome provisions. We all f agree that we need to reform our immigration to the wealthiest in our society. CONFERENCE REPORT ON H.R. 2863, That’s right: When all is said and done, the system. However, Congress missed an oppor- tunity to pass comprehensive immigration re- DEPARTMENT OF DEFENSE AP- so-called Deficit Reduction Act of 2005 and its PROPRIATIONS ACT, 2006 accompanying tax legislation will actually in- form. crease the deficit by at least $70 billion over f SPEECH OF the next five years. IN HONOR OF THE LIFE OF DR. HON. BOB ETHERIDGE Mr. Speaker, this fiscal policy is irrespon- VANG POBZEB sible and it is unjust. I urge my colleagues to OF NORTH CAROLINA vote no. IN THE HOUSE OF REPRESENTATIVES f HON. MARK GREEN Sunday, December 18, 2005 OF WISCONSIN BORDER PROTECTION, ANTITER- IN THE HOUSE OF REPRESENTATIVES Mr. ETHERIDGE. Mr. Speaker, I rise in re- RORISM, AND ILLEGAL IMMIGRA- luctant support for the conference report on TION CONTROL ACT OF 2005 Thursday, December 22, 2005 the Fiscal Year 2006 Department of Defense Mr. GREEN of Wisconsin. Mr. Speaker, Appropriations bill. SPEECH OF today I would like to commemorate the life of As a veteran of the U.S. Army and as the HON. TOM UDALL Dr. Vang Pobzeb, an extraordinary man who Representative for Fort Bragg, Pope Air Force recently passed away on August 23, 2005 Base and numerous Guard and Reserve units, OF NEW MEXICO after a life of passionate service to human I strongly support our men and women in uni- IN THE HOUSE OF REPRESENTATIVES rights and Hmong people across the globe. form and their families. This bill contains need- Friday, December 16, 2005 Dr. Pobzeb began his activism in the mid ed funding for such necessary items as the The House in Committee of the Whole 1970s and was among the first to achieve na- military pay raise, body armor for our troops in House on the State of the Union had under tional recognition in the Hmong American Iraq and vehicle armor for the vehicles that consideration the bill (H.R. 4437) to amend Community. In 1987 he founded the Lao carry them. The base bill is important legisla- the Immigration and Nationality Act to Human Rights Council—an organization de- tion, and I strongly support it.

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.043 E22DEPT1 ccoleman on PROD1PC71 with REMARKS December 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2643 However, I deeply regret that the Repub- nese Studies, and a guiding force behind the eties. I urge all of my colleagues to join me in lican Congressional Leaders have inserted academic integrity of the center, twice serving wishing this distinguished academic and ex- into this bill the extraneous provision to permit as Director of the Center. traordinary citizen a happy 90th birthday. oil and natural gas exploration in the Artic Na- Mr. Speaker, after a quarter century of dis- tional Wildlife Refuge (ANWR). I oppose the tinguished service to the University of Michi- f exploitation ANWR through drilling for oil, and gan and its Center for Japanese Studies, Pro- I have repeatedly voted against that provision fessor Ward heeded the call of his alma CONFERENCE REPORT ON H.R. 1815, when it has been considered in this House. mater, and returned to California to become NATIONAL DEFENSE AUTHORIZA- Unfortunately, the Republican Leaders have the Director of the Center for Research in TION ACT FOR FISCAL YEAR 2006 decided on a cynical strategy to sneak ANWR International Studies at Stanford University. Al- into the defense bill. This underhanded ma- though commonplace today, it was considered SPEECH OF neuver represents the arrogant abuse of highly irregular, and a significant breakthrough HON. CAROLYN B. MALONEY power that all too often characterizes the oper- for the field of Japanese studies to have a OF NEW YORK ating style of the current Majority. specialist in Japanese-American studies re- I support the defense appropriations con- ceive this prestigious job instead of a Euro- IN THE HOUSE OF REPRESENTATIVES ference report, but I encourage my colleagues pean-American studies expert. During his ex- Sunday, December 18, 2005 to defeat the rule so we can take the ANWR traordinary tenure at Stanford University, Pro- Mrs. MALONEY. Mr. Speaker, I rise today in provisions out and pass a clean defense bill. fessor Ward continued to exert tremendous in- support of the conference report to the ‘‘Na- f fluence in the field of comparative politics and continued to emphasize the importance of tional Defense Authorization Act for Fiscal HAPPY 90TH BIRTHDAY Japanese-U.S. studies in the field of political Year 2006.’’ PROFESSOR ROBERT E. WARD science. I am thrilled that this legislation includes As one would expect of man of incredible provisions to provide retirement credit to the HON. TOM LANTOS intellect and talents, Professor Ward has been members of the National Guard serving on OF CALIFORNIA recognized throughout his distinguished career State duty who responded to the 9/11 attacks in New York and at the Pentagon. IN THE HOUSE OF REPRESENTATIVES with numerous awards and recognitions. If I may, I would like to highlight a few; National I, along with Representative KING and other Thursday, December 22, 2005 Science Foundation Senior Postdoctoral Fel- members of the New York delegation, intro- Mr. LANTOS. Mr. Speaker, it is with great low, Rockefeller Foundation Fellow in Resi- duced legislation earlier this year which would joy that I rise today and urge all of my col- dence, Member of the American Philosophical accomplish the same goal, and I am thankful leagues to join me in celebrating the upcoming Society, Member of the American Academy of that the committee has worked with us to cor- 90th birthday of an icon of international aca- Science, President of the Association for rect this inequity. demia and a pioneer of U.S.-Japanese stud- Asian Studies, President of the American Po- I especially would like to thank Chairman ies, Professor Robert E. Ward. litical Science Association, Chairman of the MCHUGH for his steadfast support of these Professor Ward was born in San Francisco Social Science Research Council, Member of provisions. on January 29, 1916. After graduating from the National Endowment for the Humanities, My friend and colleague Representative Stanford, he entered the graduate program at and a member of President Carter’s Commis- KING has been invaluable in this endeavor, the University of California at Berkeley and sion on Foreign language and International and I thank him for his efforts. earned his Master’s in Political Science. Dur- Studies. I also would like to commend Chairman ing World War II, Professor Ward served our In addition to using his seemingly endless HUNTER, Ranking Member SKELTON, Ranking country admirably as language officer for energy on his academic pursuits, Professor Member SNYDER, and their staffs for their work Naval Intelligence. He was stationed in the Ward also offered his expertise and experi- on this issue. Southwest Pacific and in Washington, and ence to a number of civic and public activities Lastly, I would like to acknowledge Senator was awarded the signal honor of the Legion of related to Japan. He was a member, and for CLINTON for her support and for introducing Merit. many years the Director of the Japan Society the companion legislation in the Senate. Mr. Speaker, after the war Robert Ward re- of Northern California, a member of the World In the aftermath of 9/11, the National Guard turned to Berkeley to continue his education Affairs Council of Northern California, and also responded to the call of duty heroically. with the intent to study Japanese politics. involved with the San Francisco Committee on While others were moving toward safety, the Three short years later, he received his Ph.D. Foreign Relations. However, the most endur- Guard moved into unknown dangers around in political science, writing his dissertation on ing of Professor Ward’s contributions to the Ground Zero. ‘‘Party Government in Japan—Its Develop- growth of Japanese studies in America are to They did not know if another attack was ment and Electoral Record, 1928–1937,’’ a be found in his involvement with the Japan coming, but they did not hesitate to respond. pioneering effort to apply to Japan the meth- Foundation and the Japan-U.S. Friendship All they did was their selfless duty. ods of political behavior analysis which at the Commission. Professor Ward played an inte- time was only being applied to Western Euro- gral role in the development of both institu- For almost a year after 9/11, these National pean countries by American political scientists. tions and was the chief architect behind the Guard heroes streamlined the movement of This was to be the first of many times that creation of the Japan-U.S. Friendship Com- rescue personnel during the critical first Robert Ward incorporated Japan into the mission. Without the incredible efforts of Pro- phases of the response and they endured the mainstream of social science studies in the fessor Ward, including the mobilization of his toxic air conditions of Ground Zero with thou- United States. academic colleagues and intense lobbying of sands of responders. After receiving his doctorate, Robert Ward members of Congress, it is truly doubtful that However, the National Guard units that left California heading east to Ann Arbor, and the Japan-U.S. Friendship Commission would served in the disaster zones of New York after the University of Michigan he would go on to exist today? 9/11 did not receive Federal retirement credit, enjoy a distinguished teaching career. Arriving Mr. Speaker, Professor Ward stands out as while the National Guard units that protected at Michigan in 1948, with the rank of instruc- a towering figure in United States-Japanese Federal sites like West Point are receiving tor, Robert Ward encountered a bit of good cultural, educational, and political relations. It Federal retirement credit. fortune. For you see Mr. Speaker, during the is not an understatement to express that no While protecting Federal sites was an im- war the United States Armed Forces had used other person in the post-WWII era has com- portant duty after 9/11, those who risked their the University of Michigan as one of its cen- bined the same capacities for scholarship and lives at Ground Zero, in the most dangerous ters for Japanese language training. The Uni- institution building or has achieved so much conditions anywhere in the country, deserve versity now wanted to utilize this infrastructure for the general field of Japanese studies in the same fair treatment. to develop an interdisciplinary center for Japa- America. Professor Ward deserves much of By including these provisions in this con- nese studies, and given Robert’s background the credit for bringing Japan into the main- ference report, we are showing our gratitude he was a perfect fit for this endeavor. During stream of social scientific teaching and re- to the brave men and women who responded his time at the University, Robert Ward served search in both America and Europe, and of on September 11th by giving them the retire- with distinction, rising from Instructor to Pro- bringing to the study of Japanese politics the ment benefits to which they are entitled. fessor in ten years. He was also concurrently categories of inquiry that had previously been I urge my colleagues to support this legisla- a member of the University’s Center for Japa- applied mainly to the study of western soci- tion.

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A22DE8.048 E22DEPT1 ccoleman on PROD1PC71 with REMARKS E2644 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2005 TRIBUTE TO SERGEANT ADRIAN N. have lost control of both our northern and ders illegally and by the businesses that hire OROSCO southern borders, our maritime border is po- those illegal immigrants. Unfortunately, the rous and anyone with the most innocent or legislation we are considering today does little HON. JIM COSTA worst of intentions can walk or drive into the to realistically solve these problems. I’m sad- OF CALIFORNIA United States and assimilate into our commu- dened to say that it is based not on policy, but nities. IN THE HOUSE OF REPRESENTATIVES on politics. This illegal immigration must be stopped. Thursday, December 22, 2005 I support important amendments to this bill Securing our border is the proper first step. that will help secure our borders and cut down Mr. COSTA. Mr. Speaker, I rise today to This Act authorizes a thousand new border on illegal immigration. For instance, I support honor and remember the life of Sergeant Adri- patrol agents and properly equips them with the amendment offered by Representative an N. Orosco who lost his life defending the modern technology. More needs to be done to HUNTER of California requiring the construction freedom of our Nation in support of Operation properly secure our ports of entry along our of reinforced fencing, along with lights, cam- Iraqi Freedom. east and west coasts and our northern and eras and sensors, along high priority areas of A native of Corcoran, CA, Sgt. Orosco, 26, southern borders. For the many agencies in- the U.S.-Mexican border. Additionally, I sup- joined the United States Army in 2001. After volved this is a large but very important task. port the amendment offered by Representative his 2 year service contract was completed, Mr. Employers are provided better means to in- NORWOOD of Georgia that authorizes and em- Orosco re-enlisted for an additional 4 years. formation, allowing them to determine whether powers local law enforcement officials to help Sgt. Orosco re-enlisted with the hopes that a or not the potential hire is properly docu- enforce immigration laws. career in the armed forces would provide a mented. This Act also places some responsi- better life for his family and because military bility on employers to make such a determina- However, this legislation addresses only half service provided him with the opportunity to tion. the problem our Nation currently faces. Nearly serve his country in the most noble manner. We must revise our current laws to allow 11 million undocumented immigrants currently He was then assigned to the 1st Squadron, legal and secure immigration. live within our borders. That’s 11 million peo- 11th Armored Cavalry Regiment at Fort Irwin, I am disappointed that this bill doesn’t in- ple living in the shadows whom we know next California. clude a sensible, nonamnesty guest-worker to nothing about. This legislation criminalizes Unfortunately, Adrian Orosco’s tour in Bagh- provision. We have the opportunity to take the these 11 million people, pushing them further dad, Iraq ended when an improvised device lead on this aspect of immigration policy and into the shadows, and does not consider the detonated near his military vehicle on the 9th it would be a mistake to ignore it. impact this will have on our legal system. For day of December 2005. In recognition of his A good guest-worker statute recognizes that instance, this bill does not address the number sacrifice Sgt. Orosco has been posthumously folks from around the world and yes, from of pro-bono, taxpayer funded attorneys these awarded the Bronze Star and Purple Heart. Mexico, desire to work in the United States to immigrants will need to fight their criminal Adrian Orosco is survived by his wife, Eliza- earn good wages to help their families, and charges in court nor does it address the hun- beth and their three children, Adrian, Andrew these workers add to the value of our country dreds of new prisons that would need to be and Isabelle, all of whom reside in Fort Irwin. and its economy. built in order to house 11 million new criminal I would like to extend my heartfelt sympathy A guest-worker statute should ensure that aliens. and most sincere condolences to Sgt. the guest-worker is not a criminal, is not asso- Ultimately, I support a comprehensive immi- Orosco’s family. ciated with a terrorist organization, is healthy gration policy that is good for families, national It is my belief that Adrian Orosco’s life sym- and has an employer-sponsor. The employer security and the economy. Comprehensive im- bolizes the ultimate sacrifice one can make for must have some responsibility to actually hire migration legislation introduced by Senator his country. His valor, strength, courage and this person for the entire duration of the work- JOHN MCCAIN of Arizona would substantially pride in our Nation will forever live in the er’s time in the United States and notify the secure our Nation’s borders. Beyond that, it thoughts and hearts of his family and Ameri- proper agency if the worker changes or leaves would fine those immigrants already here ille- cans across the Nation. In addition, Sgt. the employer. gally and punish employers that hire illegal im- Orosco’s dedication to the principles of free- As the great nation we are, we should wel- migrants. However, it would also give the 11 dom and democracy will serve as an example come those who want to contribute and not million undocumented immigrants in our coun- to all of us, for generations to come. accept those who refuse to live under our rule try, along with others who are not yet in the f of law. U.S. but who hope to one day live and work here legally, a chance to earn legal status. BORDER PROTECTION, ANTITER- f After paying a fine, proving they have been RORISM, AND ILLEGAL IMMIGRA- employed in the United States and undergoing TION CONTROL ACT OF 2005 BORDER PROTECTION, ANTITER- RORISM, AND ILLEGAL IMMIGRA- a background check, immigrants living here il- SPEECH OF TION CONTROL ACT OF 2005 legally prior to the enactment of the bill would be eligible to apply for a new, non-immigrant HON. LEE TERRY SPEECH OF visa, and after six years given an option to OF NEBRASKA apply for permanent residency. Additionally, IN THE HOUSE OF REPRESENTATIVES HON. STEVE ISRAEL an essential worker visa category, with mar- OF NEW YORK ket-based caps, would be established for new Friday, December 16, 2005 IN THE HOUSE OF REPRESENTATIVES immigrants. These immigrants would be given The House in Committee of the Whole Friday, December 16, 2005 the option to apply for permanent citizenship House on the State of the Union had under after four years. consideration the bill (H.R. 4437) to amend The House in Committee of the Whole the Immigration and Nationality Act to House on the State of the Union had under The McCain bill punishes illegal immigrants strengthen enforcement of the immigration consideration the bill (H.R. 4437) to amend for breaking the law but also acknowledges laws, to enhance border security, and for the Immigration and Nationality Act to that we cannot act as though we have solved other purposes: strengthen enforcement of the immigration our immigration problem by ignoring the 11 Mr. TERRY. Mr. Chairman, I believe that laws, to enhance border security, and for million illegal immigrants already living in our America is at its best when we welcome peo- other purposes: country. As my votes on the Hunter and Nor- ple from other countries, other cultures and Mr. ISRAEL. Mr. Chairman, I am dis- wood amendments prove, I support strong en- possessing diverse skill sets. I believe that, in appointed that I must rise today in opposition forcement of our immigration laws and meas- fact, this strengthens our country. to H.R. 4437, the Border Protection, ures to make our borders more secure. But I I need only to go back a couple of genera- Antiterrorism and Illegal Immigration Control believe that the only way to fix our broken im- tions to see this in my family, who immigrated Act. I am enormously concerned with our Na- migration system is to ensure that, beyond en- to this amazing country from Ireland and East- tion’s lack of border security and the dysfunc- forcement, we take a realistic approach and ern Europe. tional nature of our current immigration sys- acknowledge the immigrants currently living But my ancestors came legally and that is tem. Our Nation’s immigration laws are within our borders and those that will likely the question, in part, before us today. We disrespected both by those who cross our bor- wish to come in the future.

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A22DE8.050 E22DEPT1 ccoleman on PROD1PC71 with REMARKS December 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2645 PENSION PROTECTION ACT OF 2005 cisions to cut the benefits earned by employ- reauthorization of VAWA. The center will be a ees and unloading pension obligations onto critical step in protecting the economic security SPEECH OF the federal government. Far too often, these of victims of domestic violence and empow- HON. DIANA DeGETTE executives escape with multi-million dollar ering them to end their cycle of violence. I OF COLORADO benefit packages, leaving the company in look forward to working with my colleagues to IN THE HOUSE OF REPRESENTATIVES bankruptcy and workers in poverty. Congress further ensure the financial independence of has the chance to require our business lead- domestic violence victims by passing my bill, Thursday, December 15, 2005 ers to act in the best interest of their firm and H.R. 3185, the Security and Financial Em- Ms. DEGETTE. Mr. Speaker, I rise today in their employees, and sacrifice along with them powerment, SAFE, Act. strong support of comprehensive pension re- if the financial situation is beyond repair. f form, a topic that has been weighing heavily I am also concerned that this bill does not on the minds of thousands of my constituents, have sufficient disclosure requirements. Bene- CONFERENCE REPORT ON S. 1932, not to mention workers and retirees across the ficiaries have the right to know the funding DEFICIT REDUCTION ACT OF 2005 country. While I agree with many of the provi- status of their pensions, and companies SPEECH OF sions of H.R. 2830, I cannot in good con- should not be allowed to keep this information science support the bill in its current form. In from regulators or retirees. Current law allows HON. CAROLYN B. MALONEY fact, some provisions could make the current companies to use accounting techniques to OF NEW YORK situation worse. make their pensions seem more solvent than IN THE HOUSE OF REPRESENTATIVES I don’t believe it’s fair to rush through this they really are. This needs to stop, but bill Sunday, December 18, 2005 complicated issue, one that is so critical to does not go far enough. workers and retirees, without meaningful pub- Mr. Speaker, on the same day voters are Mrs. MALONEY. Mr. Speaker, I rise in sup- lic debate and thorough consideration of alter- going to the polls in Iraq, democracy has been port of the deposit insurance provisions of this natives. I had hoped to support this legislation, subverted in this distinguished chamber. The legislation which implement reforms that are but I have many misgivings in its current form. majority has not allowed adequate time for de- long overdue and that I have worked on for a We need to make it harder, not easier, for bate on this measure, refused to allow the long time. I strongly support the Safe and Fair companies to unload pensions onto the tax- consideration of amendments, and did not Deposit Insurance Act of 2005, which provides payers. We need to give employers more, not allow the Democrats to offer a common-sense for establishment of the Deposit Insurance fewer incentives to keep their promises to re- alternative. This is no way to legislate, and we Fund and for the merger of the Bank Insur- tirees. And we need to return the PBGC to can do better. ance Fund and the Savings Association Insur- sound financial footing to protect the retire- f ance Fund into it. I also support the Deposit ment security of hardworking Americans. On Insurance Reform Act of 2005, which revises whole, many provisions in this bill will be a DEPARTMENT OF JUSTICE APPRO- requirements for deposit insurance. marked improvement over current law, but I PRIATIONS AUTHORIZATION ACT, Unless this bill passes before year end, cannot support it because we can do much FISCAL YEARS 2006 THROUGH community and regional bankers could face better. 2009 higher deposit insurance premiums, taking For years, workers depended on employer- capital out of communities and sending it to sponsored pensions to pay their bills and live SPEECH OF Washington. comfortably in retirement. But now workers HON. LUCILLE ROYBAL-ALLARD Congress has been considering major re- and retirees live in fear of losing these bene- OF CALIFORNIA forms to the nation’s federal deposit insurance fits, which they have rightfully earned over IN THE HOUSE OF REPRESENTATIVES system for several years. From the time I long careers. Each week it seems another joined this Committee at the close of the S&L company is considering bankruptcy filing, and Saturday, December 17, 2005 crisis, I have been committed to legislation too often the first costs they want to unload Ms. ROYBAL-ALLARD. Mr. Speaker, I rise and oversight of the banking system, including are promises to pensioners. Nationwide, the today to support the reauthorization of the Vio- deposit insurance reform, that ensures we will pension system is underfunded by $450 bil- lence Against Women Act, VAWA, as part of not repeat that crisis. lion. We must do what we can to require com- the Department of Justice Appropriations Au- Just this year the House voted 413–10 to panies to take all possible steps to fulfill the thorization Act. In particular, I thank the con- pass deposit insurance reform as a stand- promises they make to workers. Unfortunately, ferees for including my provision to establish a alone bill, H.R. 1185. As an original cosponsor the bill before us may make the problem national resource center to help employers ad- of H.R. 1185, as well as its predecessor in the worse, and could force even more companies dress the negative consequences of domestic 108th Congress, I am a long-time supporter of to unload their pensions. and sexual violence in the workplace. this reform bill. The bill fails to shore up the Pension Benefit Since the Violence Against Women Act was It is long past time to merge the insurance Guaranty Corporation, the government insurer first passed in 1994, law enforcement has en- funds. Additionally, eliminating the 23 basis of defined benefit pensions. The PBGC is cur- hanced its response to crimes involving vio- point cliff and providing a new premium sys- rently $24 billion in the hole, and if we do not lence against women, Federal prosecutors tem that takes into account the past contribu- take meaningful steps now, it will require a have increased actions against perpetrators of tions of institutions are major steps forward. taxpayer bailout. I support a Democratic alter- domestic violence, and many critical services The mechanism for determining credit for past native that would make it harder for compa- and programs have been created to assist vic- contributions is based on an amendment I co- nies to unload their obligations to the PBGC, tims of such violence. sponsored with former Rep. Bereuter last Con- and help return the agency to solvency. This Yet, despite the protections of VAWA, every gress. This provision is critically important as option was not even given the benefit of an year thousands of women are forced to stay in premiums banks pay to the FDIC limit their up-or-down vote. abusive relationships because they lose their ability to make loans in the communities they Another major concern I have with this leg- jobs and therefore are unable to provide for serve. This balanced amendment is now part islation is its lack of protection for older work- themselves and their children. To protect them of the legislation. ers. Cash balance plans, hybrid plans that from this negative economic impact the na- In the House bill there was debate over have become attractive alternatives to tradi- tional resource center will provide employers what number should be the new limit of in- tional pension plans, can unfairly discriminate with the information and expertise they need sured funds. The budget reconciliation con- against older employees. When companies to keep their employees while helping them ferees crafted a compromise that will provide switch to cash balance plans, older workers address the violence in their lives. This will safety and stability to our nation’s financial often see their promised benefits summarily also benefit employers who, according to the system by giving the FDIC increased flexibility reduced. Even the Bush administration has Bureau of National Affairs news service, lose to administer deposit insurance. It will also recognized these complications, and I would $3 to $5 billion annually in lost time and pro- benefit consumers by raising coverage levels like to see a pension bill with more adequate ductivity. I am very pleased that starting in for certain retirement accounts and adjust cov- protections for older workers. 2007 the center is authorized to receive $1 erage for inflation. This bill also fails to hold company execu- million annually for 5 years. For over 70 years our constituents—both tives to the same standards they expect of Mr. Speaker, once again I thank my col- banks and accountholders—have depended their rank-and-file employees. When faced leagues for working with me to include the on the deposit insurance system to protect with financial problems, CEOs have made de- creation of a national resource center in the their savings and maintain the safety and

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.055 E22DEPT1 ccoleman on PROD1PC71 with REMARKS E2646 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2005 soundness of the banking system. We should However, for some reason the Bush Admin- Fearless, responsible, tough, professional, pass this legislation to ensure the future of de- istration has opted not to use the FISA laws elite, hero. These are some of the apt words posit insurance and our banks. to obtain surveillance orders involving a num- that Joseph’s friends and colleagues have f ber of people located on U.S. soil. As one offi- used to describe him in recent days. Thou- cial told the Washington Post, ‘‘the FISA proc- sands have mourned the loss of Corporal INTRODUCTION OF RESOLUTION ess demanded too much: to name a target Pokorny, who was senselessly killed in the OF INQUIRY WARRANTLESS SPY- and give a reason to spy on it.’’ line of duty during the early morning of De- ING ON AMERICAN SOIL The purpose of this Resolution of Inquiry is cember 12, 2005. to allow Congress to obtain the necessary in- Born in Uniontown, Pennsylvania, Joseph HON. JOHN CONYERS, JR. formation so we can learn precisely what the and his family moved to Center as a young OF MICHIGAN legal basis was for this great expansion of ex- boy. He graduated from Center Area High IN THE HOUSE OF REPRESENTATIVES ecutive power. We are not asking to learn School in 1978 and attended Indiana Univer- Thursday, December 22, 2005 about the names or identities of the individuals sity. Joseph later graduated from the Pennsyl- who have been surveilled, at this point we vania State Police Academy in Hershey in Mr. CONYERS. Mr. Speaker, today I am in- simply want to learn on what legal basis the 1983, before embarking on a distinguished law troducing a Resolution of Inquiry H. Res. 643 surveillance orders were issued. The Adminis- enforcement career of 22 years. requesting the Attorney General to transmit to tration has proposed a number of legal theo- In 2000, he was promoted to the rank of Congress documents reflecting the legal jus- ries to the press to justify the NSA wiretaps, corporal—a monumental accomplishment on tification for spying on American soil without ranging from the President’s authority as Com- the elite Pennsylvania State Police force. Jo- judicial approval. I introduce this Resolution on mander In Chief to general authority included seph always served with uncommon courage, behalf of myself and Mr. BERMAN, Mr. BOU- in the post 9/11 Afghanistan Resolution. a firm commitment to protecting the public, CHER, Mr. NADLER, Mr. SCOTT of Virginia, Ms. PERSONAL EXPLANATION and a fervent passion for the American way of LOFGREN, Ms. JACKSON-LEE, Ms. WATERS, Mr. life. MEEHAN, Mr. DELAHUNT, Mr. WEXLER, Mr. Of all the recent tributes to Corporal WEINER, Mr. SCHIFF, Ms. LINDA SA´NCHEZ, Mr. HON. HENRY J. HYDE Pokorny, perhaps the greatest compliment VAN HOLLEN, Ms. WASSERMAN SCHULTZ, Mr. OF ILLINOIS paid to him was that a close friend who grew KENNEDY of Rhode Island, Mr. DOGGETT, Mr. IN THE HOUSE OF REPRESENTATIVES up with Joseph said, ‘‘he was a real Pittsburgh MCDERMOTT, Mr. FILNER, Mr. MARKEY, Ms. Thursday, December 22, 2005 guy.’’ SCHAKOWSKY, Ms. TAUSCHER, Ms. LEE, Ms. Mr. HYDE. Mr. Speaker, on December 16, During this holiday season, my thoughts and MCCOLLUM, Mr. UDALL of New Mexico and Mr. 17, 18, and 19, 2005, I was absent for several prayers have especially been with Corporal HOLT. Pokorny’s parents, Joseph Sr. and Florence, It is my hope that the Administration will vol- votes for personal reasons. Had I been present, I would have voted: rollcall No. 648, and his teenage son and daughter, Joseph, untarily comply with this straightforward re- and Alexandra. They were the most important quest. However, if they do not, this Resolution Passage Victory in Iraq, ‘‘yes,’’ rollcall No. 649, Zimbabwe’s ‘‘Operation Murambatsvina,’’ people in Joseph’s life. will require a vote in the Committee, and pos- The world is a safer, better place because sibly the House floor so that the Members can ‘‘yes,’’ rollcall No. 650, Hamas and Terrorist Organizations, ‘‘yes,’’ rollcall No. 651, Inde- of Joseph Pokorny. My fellow citizens of go on record concerning whether this is an im- southwestern Pennsylvania and I owe Cor- portant enough issue to warrant Congressional pendent Iraqi Judiciary, ‘‘yes,’’ rollcall No. 652, Motion to Instruct Conferees, ‘‘no,’’ rollcall No. poral Pokorny a debt of gratitude that can oversight. I believe we simply cannot tolerate never be repaid. He will be deeply missed. a situation where the Administration is both 653, Goodlatte/Herseth Amendment, ‘‘yes,’’ f laying down and interpreting the law on its rollcall No. 654, Stearns Amendment, ‘‘yes,’’ own accord, and not even sharing with the rollcall No. 655, Sensenbrenner Amendment, TRIBUTE TO TODD PATKIN, YOUNG Members of Congress what the legal justifica- ‘‘yes,’’ rollcall No. 656 Norwood Amendment, LEADER AND PHILANTHROPISTS tion for such a program is. ‘‘yes,’’ rollcall No. 657, Westmoreland Amend- Last week we learned that the President ment, ‘‘yes,’’ rollcall No. 658, Gonzalez TOM LANTOS has been using the National Security Agency Amendment, ‘‘no,’’ rollcall No. 659, Sullivan Amendment, ‘‘no,’’ rollcall No. 660, Motion to OF CALIFORNIA to conduct surveillance involving U.S. citizens IN THE HOUSE OF REPRESENTATIVES on U.S. soil, in apparent contravention of the Recommit, ‘‘no,’’ rollcall No. 661, Passage Ille- Foreign Intelligence Surveillance Act. This gal Immigration Control Act, ‘‘yes,’’ rollcall No. Thursday, December 22, 2005 662, Assassination of Lebanese Prime Min- week we learned that contrary to the Presi- Mr. LANTOS. Mr. Speaker, I invite my col- ister, ‘‘yes,’’ rollcall No. 663, On Agreeing to dent’s assertions that the wiretapping included leagues join me in paying tribute a young man the Resolution, ‘‘yes,’’ rollcall No. 664, Pas- only foreign calls, some of the intercepted who is part of the new generation of philan- sage Stem Cell Research Act, ‘‘yes,’’ rollcall communications were conducted entirely with- thropic leaders—Todd Patkin of Massachu- No. 665, On Agreeing the Conference Report in the United States. As a result of these dis- setts. Todd is an impressive young man, and (H. R. 1815), ‘‘yes,’’ rollcall No. 666 On Agree- closures, one member of the FISA Court, although he has just turned 40, he has been ing to the Resolution (H. Res. 639), ‘‘yes,’’ roll- Judge James Robertson, resigned, and the remarkably successful in the business world call No. 667, Presidential and Parliamentary presiding judge of the court has sought a clas- and is now devoting his life to helping others. sified briefing to address their concerns that Elections in Egypt, ‘‘yes,’’ rollcall No. 668, Mo- Todd grew up in the Boston area, where he the NSA program was illegal and may have tion to Recommit, ‘‘no,’’ rollcall No. 669, On graduated from Tufts University. He married, been improperly used to gain further wiretaps Agreeing to the Conference Report (H. R. had a family, and worked in the family auto from their court. 2863), ‘‘yes,’’ rollcall No. 670, On Agreeing to parts business for the next 18 years. Using his These revelations raise some of the most the Conference report (S. 1932), ‘‘yes,’’ and amazing organizational and business talents, serious legal and constitutional questions con- rollcall No. 671, Education Curriculum in the the company became remarkably successful, ceivable in our democracy—whether our own Kingdom of Saudi Arabia, ‘‘yes.’’ expanding from 18 to 62 stores in the New government is able to intercept our most pri- f England and New York area. His business vate conversations without establishing to any A TRIBUTE TO CPL. JOSEPH R. acumen was recognized in 2004 by Auto Inter- independent party that such eavesdropping is POKORNY national Associate when he was named in any way necessary or related to a possible ‘‘Young Executive of the Year.’’ crime. For 25 years under FISA we have cre- HON. TIM MURPHY Mr. Speaker, Todd recently sold his regional ated special procedures for obtaining intel- business operations to the second largest re- OF PENNSYLVANIA ligence information on U.S. soil. The standard tailer in the country, giving him the financial IN THE HOUSE OF REPRESENTATIVES for getting a wiretap warrant from the Foreign freedom to pursue his passion to help others. Intelligence Surveillance Court is so low that Thursday, December 22, 2005 One of his major philanthropic initiatives has only 5 out of the 19,000 applications have Mr. MURPHY. Mr. Speaker, on behalf of the been to assist his friend, Gary Marino, to help been denied since 1978. We even allow FISA U.S. House of Representatives, I rise to honor Americans children and adults with problems orders to be obtained on a retroactive basis the priceless life and courageous public serv- of obesity and poor nutrition. Todd is funding for the first 72 hours, in case the government ice career of State Police Corporal Joseph R. the making of a major motion picture which fo- needs to move with great speed. Pokorny. cuses on Gary’s life story and on his ‘‘Million

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.058 E22DEPT1 ccoleman on PROD1PC71 with REMARKS December 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2647 Calorie March’’ from Florida to Boston in (#669). Had I been present I would have voted Law Enforcement Block grants, which goes to which took place in 2005. ‘‘aye.’’ help our first responders, will be cut by $315 Working with opera star Andrea Delgudice, S. 1932, On Agreeing to the Conference million. While I agree that we must be fiscally Todd also founded the Todd G. Patkin Oppor- Report for Budget Reconciliation, 2006 (#670). responsible, we cannot do so at the expense tunity Performing Art Center. It brings the Had I been present I would have voted ‘‘aye.’’ of vital social and federal programs that assist highest quality vocal, dance and acting in- f our communities. struction to its students, many of whom are Mr. Speaker, I support our troops, and I be- from the less-advantage areas of Brockton, H.R. 2863 lieve in a robust defense. But we cannot use Massachusetts, and are receiving full scholar- this legislation to hold our troops politically ships because of their economic need. HON. DAVID WU hostage to unwise policies. I am pleased that Todd recently made a substantial contribu- OF OREGON ANWR has been stripped out of this bill, and tion to the Boston Medical Center for its Todd IN THE HOUSE OF REPRESENTATIVES I strongly support its passage now that it has and Yadira Patkin Sickle Cell Anemia Clinic. Thursday, December 22, 2005 been removed. He has also provided significant financial sup- f port to the Boston chapter of the Anti-Defama- Mr. WU. Mr. Speaker, now that the most tion League, where he and Andrew Tarsy will egregious provision has been stripped out the H.R. 2863—DOD APPROPRIATIONS be managing a new initiative to combat bigotry Defense Appropriations bill, I rise to offer my CONFERENCE REPORT and intolerance in greater Boston. support for this important legislation. Todd has had a positive impact internation- When the House first voted on this measure HON. TOM UDALL ally as well, Mr. Speaker. He supports two early Monday morning on December 19, I op- OF NEW MEXICO posed this bill because, among other reasons, charities in the State of Israel—the Jewish Na- IN THE HOUSE OF REPRESENTATIVES tional Fund, which is chaired by Ronald it included a provision to permit oil and gas Thursday, December 22, 2005 Lauder, and the Yemin Orde Youth Village drilling in ANWR. The Arctic Refuge is one of headed by Chaim Peri. The village is perhaps the last, wild, untouched places left in the Mr. UDALL of New Mexico. Mr. Speaker, I the most advanced orphanage in Israel and United States—with an abundance and variety applaud the removal of a provision from the the world. It focuses on helping children, who of wildlife. Not only was I concerned about the Department of Defense Appropriation bill that frequently have been orphaned under dev- environmental impact of opening up ANWR to would have allowed drilling in the Arctic Na- astating circumstances, to become happy and drilling and exploration, but I was also op- tional Wildlife Refuge (ANWR). This pristine productive members of society. Today over posed to the inclusion of this unrelated provi- wilderness area deserves to be protected, and two-thirds of the 300 children in the village are sion in a defense bill. I am glad that the furthermore, a Defense Appropriations bill was Jews of Ethopian descent. ANWR provision has been stripped from this an entirely inappropriate vehicle to use to at- bill. f tempt to approve drilling in ANWR. For those The remaining bill will do a great deal to and other reasons, I opposed passage of H.R. PERSONAL EXPLANATION support our troops. It appropriates a total of 2863 on December 19, 2005. $453.5 billion for defense programs, including I am greatly pleased, however, that the Sen- HON. JIM KOLBE $50 billion in emergency spending for military ate rejected the inclusion of the ANWR lan- OF ARIZONA operations in Iraq and Afghanistan. I am guage, and removed the rider from this impor- IN THE HOUSE OF REPRESENTATIVES pleased that it contains language, authored by tant appropriations bill. I still have grave con- Senator JOHN MCCAIN that bars any U.S. per- cerns over several provisions still included in Thursday, December 22, 2005 sonnel, including civilians, from engaging in H.R. 2863, however, when it is passed into Mr. KOLBE. Mr. Speaker, on December 16, ‘‘cruel, inhumane, or degrading’’ treatment of law our brave soldiers will get the resources 17, and 18, 2005, I missed the following votes detainees. I am particularly pleased it includes they need to do the job overseas and return due to previous commitments in my Congres- funds for an average 3.1 percent pay increase home safely as quickly as possible. sional district: for the men and women in our armed forces. f S. 1932, On Motion to Instruct Conferees, H.R. 2863 also includes funding for certain Budget Reconciliation, 2006 (#652). Had I special pay and bonuses for reserve per- THE DEPARTMENT OF DEFENSE been present I would have voted ‘‘nay.’’ sonnel. APPROPRIATIONS CONFERENCE H.R. 4437, On Passage of the Border Pro- With that said, and while I now support this REPORT tection, Antiterrorism, and Illegal Immigration bill in its final form, I am concerned about a Control Act (#661). Had I been present I number of remaining provisions in the bill. HON. ELIOT L. ENGEL would have voted ‘‘nay.’’ Among other things, H.R. 2863 includes a pro- OF NEW YORK H. RES. 623, On Agreeing to the Resolution vision to provide virtually unlimited liability pro- IN THE HOUSE OF REPRESENTATIVES providing for consideration of motions to sus- tection to the drug industry, while providing il- pend the rules (#663). Had I been present I lusory and unfunded compensation to any po- Thursday, December 22, 2005 would have voted ‘‘aye.’’ tential victims. We must be prepared in case Mr. ENGEL. Mr. Speaker, on December 19, H.R. 2520, Suspend the Rules and Agree to of a flu pandemic, including ensuring our first 2005, I voted against the Department of De- the Senate Amendment, Stem Cell Thera- responders are ready. Yet, the Republican bill fense Appropriations Conference Report as it peutic and Research Act (#664). Had I been uses the threat of a flu pandemic as an ex- was considered by the House of Representa- present I would have voted ‘‘aye.’’ cuse to push the Administration’s agenda of tives. While I voted for the Defense Authoriza- H.R. 1815, On Agreeing to the Conference giving unwarranted and broad liability protec- tion Act and normally would support a De- Report, National Defense Authorization Act, tion to the drug industry for a broad array of fense Appropriations bill—especially with our FY 06 (#665). Had I been present I would products. troops in harm’s way—this year I regrettably have voted ‘‘aye.’’ I am also concerned about the bill’s inclu- had to vote against the legislation. H. RES. 639, On Agreeing to the Resolution sion of funding for the national missile defense I did so largely because the Republican ma- waiving points of order against the conference (NMD) system. The bill before us includes jority inserted a provision allowing oil drilling in report on H.R. 2863, Department of Defense $7.8 billion for this system. While we should the Arctic National Wildlife Refuge (ANWR). Appropriations, FY 2006 (#666). Had I been always stand alert with a strong national de- This controversial measure was repeatedly re- present I would have voted ‘‘aye.’’ fense, the NMD system is scientifically jected through the democratic process, but the H.R. 2863, On the motion to recommit con- unproven, fiscally irresponsible, and grossly in- Republican leadership preferred to hold the ference report with instructions for the appro- accurate. There are better ways to improve Defense Appropriations bill—and our troops in priations bill for the Department of Defense for our defense. the field—hostage to the effort to drill in this the fiscal year ending September 30, 2006, Last, I share many of my colleagues con- pristine wildlife refuge. Moreover this legisla- and for other purposes (#668). Had I been cerns over this bill’s provision to cut all non- tion contained a 1 percent across the board present I would have voted ‘‘nay.’’ emergency discretionary spending, except for cut in non-defense discretionary spending. H.R. 2863, On Agreeing to the Conference VA programs, by 1 percent. As a result, K–12 Mr. Speaker, America cannot drill its way to Report for the appropriations bill for the De- education will see a cut of $1 billion this year; independence from foreign oil. Tapping ANWR partment of Defense for the fiscal year ending LIHEAP, which helps many people heat their would produce barely a drop in the bucket of September 30, 2006, and for other purposes homes, will be cut by $21 million; and Local the amount of oil we consume in this Nation.

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\K22DE8.002 E22DEPT1 ccoleman on PROD1PC71 with REMARKS E2648 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2005 Even if we started drilling in ANWR today, we tem continues to be a waste for tax dollars ‘‘nay’’ on rollcalls 666, 669, 670 and ‘‘yea’’ on would not see any of that oil until 2012. since the program has failed many of its crit- rollcalls 665, 667, 668, and 671. Rather than drilling in the Arctic wilderness ical tests and by all accounts is a boondoggle. f and extending our reliance on oil, we must in- The language in the bill that bans torture by crease fuel efficiency, diversify our sources of all U.S. personnel, including civilian defense HONORING THE LIFE OF SPC RICH- energy, and promote clean alternatives. We and intelligence personnel, sets the appro- ARD JUNIOR DE GRACIA NAPUTI need to invest and focus on ways to reduce priate standard by which the U.S. should con- our consumption of oil. This is why Congress- duct itself—even in a war against terrorism. HON. MADELEINE Z. BORDALLO man JACK KINGSTON (R–NY) and I have intro- Senator JOHN MCCAIN should be commended OF GUAM duced The Fuel Choices for American Security for his perseverance and determination not to IN THE HOUSE OF REPRESENTATIVES Act, which sets meaningful and achievable yield to President Bush and Vice President Thursday, December 22, 2005 goals, all of which can be accomplished using CHENEY’s demands that torture be permitted new technologies that are already proven, ef- under certain circumstances. Torture is an in- Ms. BORDALLO. Mr. Speaker, I rise today fective and efficient. humane practice that is the antithesis of Amer- to honor the life of one of Guam’s sons, SPC I, therefore, am very pleased to learn that ica’s values and moral obligations as a de- Richard Junior De Gracia Naputi, 24, U.S. the Senate has struck the ANWR drilling provi- fender of international human rights. Army, of Talofofo, Guam. Sadly, on December sion from the Defense Appropriations Con- In addition to allowing drilling for oil in 20, 2005, our nation lost SPC Naputi. SPC ference Report. It is my understanding that ANWR, this bill has a number of nondefense Naputi was killed in action while serving in this bill will now pass the House by unanimous provisions that are objectionable. The across- Taji, Iraq in support of Operation Iraqi Free- consent, and will be sent to the President for the-board cut included in H.R. 2863 will total dom. Born and raised in Guam, he left the signature. an additional $8 billion in cuts to services crit- only home he knew to serve and defend his f ical to our families. This will result in another country. Assigned to the 1st Battalion, 15th In- $28 million cut to No Child Left Behind, bring- fantry Regiment, 3rd Infantry Division in Fort CONFERENCE REPORT ON H.R. 2863, ing the total cut this year to $1 billion. This is Benning, Georgia, SPC Naputi embodied the DEPARTMENT OF DEFENSE AP- in addition to the $40 billion this law has been proud history and traditions of his unit whose PROPRIATIONS ACT, 2006 under-funded by the Republicans since its motto was ‘‘Can Do’’ and whose lineage passage. traces back to the Civil War. SPEECH OF Also included in this bill are funds to pre- My thoughts and prayers are with the Naputi HON. BETTY McCOLLUM pare for a possible Avian Flu pandemic. While family during this time of loss. I join his par- OF MINNESOTA I support providing funding for this work, the ents, Richard and Naputi, his wife Brianne, IN THE HOUSE OF REPRESENTATIVES Republicans have included a provision pro- and all of Richard’s extended family and friends, in mourning the loss of Richard and in Sunday, December 18, 2005 viding unlimited liability protection to the phar- maceutical industry. Instead of having an hon- honoring the dignity of his life. While the loss Ms. MCCOLLUM of Minnesota. Mr. Speak- est debate about the needs of health care of SPC Naputi is painful for our entire island er, by including the legislative provision to drill workers, public health systems and local gov- and our nation, he now joins that solemn fra- and destroy the Arctic National Wildlife Refuge ernments in the case of a pandemic, Repub- ternity of heroes who have put their country (ANWR) in this defense appropriation con- licans have chosen only to worry about an- before themselves and made the greatest sac- ference report (H.R. 2863), the Republican other of their strong allies—the drug compa- rifice. Heeding the Christmas message of majority has demonstrated their on-going nies. ‘‘Peace on earth,’’ Richard’s loss leads us to abuse of power, their shameless collusion with H.R. 2863 also claims to provide new fund- reflect upon the sacrifices made by the men the oil industry and a distasteful willingness to ing for Katrina relief which I support. However, and women who shoulder the responsibility of exploit the needs of U.S. troops at war in Iraq this bill includes only $5 billion—not nearly protecting our liberties and our freedoms. To and Afghanistan in order to achieve their pol- enough to allow families to begin to rebuild these men and women, we owe a debt of icy desires, regardless of the cost. This is a their lives and their community. And it relies gratitude that is simply unpayable. cynical strategy to pass a provision designed on a complicated scheme of possible reve- During this difficult time, the people of for the oil industry, a provision that has al- nues from drilling in ANWR and sales of spec- Guam and I are keeping the Naputi family in ready been rejected by this House earlier this trum to fund relief. In addition, Republicans our thoughts and prayers. I also extend my year. The fact that the Republican majority is used this opportunity to push through a divi- prayers to the many men and women con- using our brave men and women serving in sive school voucher plan that was defeated by tinuing to serve around the world in the cause the armed forces as political cover to ensure the Education and Workforce Committee. This of freedom. God bless the Naputi family, God that the provision allowing for oil drilling in plan will allow $645 million in taxpayer schools bless our men and women in uniform and God ANWR is passed by this House shows the to go to private and religious schools that do bless America. majority’s desperation, their deception and not have to adhere to the accountability re- f their willingness to undermine our democratic quirements of public schools. process. Mr. Speaker, I strongly support our troops. ON THE RETIREMENT OF THOMAS The intended purpose of this bill is to pro- Overall, this bill however, is an example of the F. MCHUGH vide the resource for the defense of our na- shameless and abusive tactics used over and tion. It is to ensure the men and women serv- over again by this Republican party to force HON. LOUISE McINTOSH SLAUGHTER ing in the armed forces have the training, the their special interest agenda on the American OF NEW YORK protective gear, the equipment and all of the people. It shows again that the Majority does IN THE HOUSE OF REPRESENTATIVES necessary support to execute their missions in not represent the values of American families, Thursday, December 22, 2005 Iraq, Afghanistan, Korea, Europe and here at but rather values their corporate contributors. home. The men and women of the U.S. I urge my colleagues to reject this outrageous Ms. SLAUGHTER. Mr. Speaker, I rise today Armed Forces comprise the greatest fighting bill. to recognize and celebrate the 37 years of public service Mr. Thomas F. McHugh has de- force the world has ever known and they not f only keep the citizens of the U.S. safe from a voted to the City of Rochester. His hard work world filled with very real threats, they are PERSONAL EXPLANATION and commitment to the city’s development will serving the cause of peace and security set an example for current and future public around the world. I commend our troops and HON. LUCILLE ROYBAL-ALLARD servants, and Rochester is grateful for all that our military leadership for their service and OF CALIFORNIA Mr. McHugh has contributed. sacrifice, as well as the dedication of their IN THE HOUSE OF REPRESENTATIVES Mr. McHugh grew up in Ancram, Massachu- families. setts. His father was in the insurance business Of the more than $450 billion appropriated Thursday, December 22, 2005 and his mother was a teacher. It was from in this bill, much of the defense related ex- Ms. ROYBAL-ALLARD. Mr. Speaker, due to them that he learned the importance of a penditures are necessary for national security. the death of a family member, I was not strong work ethic and a responsibility to com- I strongly support the 3.1 percent pay raise for present for rollcalls 665 through 671 on Sun- munity. He carried these lessons with him as military personnel. The allocation of more than day, December 18 and Monday, December studied at University of Syracuse and moved $7 billion for the ballistic-missile defense sys- 19. Had I been present, I would have voted to Rochester upon his graduation.

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.066 E22DEPT1 ccoleman on PROD1PC71 with REMARKS December 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2649 Mr. McHugh began his career with the City Regional Council on Aging, Legal Aid Society lion in tax breaks for the wealthy. It is out- of Rochester, serving 5 years as Project Di- of Rochester, Women’s Career Center, St. rageous that to pay for these giveaways to rector in the Department of Urban Renewal & John the Evangelist Church, Sisters of Mercy their wealthy friends, American families will Economic Development. In that capacity, he Founders Club, SWV Realty Corporation, lose access to health care, critical services, directed the $100 million, 175–acre Upper Monroe Housing Development Corporation, and an affordable college education. And it is Falls Urban Renewal Project. From there, he GEVA Theatre, Downstairs Cabaret Theatre, outrageous that the leadership of this House is moved to the Rochester Housing Authority Rochester Area Educational Television Asso- passing this shameful bill in the early hours of where he has served as the Executive Direc- ciation, Blue Cross of Monroe County, Project the morning while the American public is tor of the Rochester Housing Authority for the Self-Sufficiency Monroe County Task Force, sleeping. past 32 years. As Executive Director, he has Marie and Joseph Wilson Foundation, Work- This reckless bill should be defeated and ensured that low-income families, elderly, peo- force Investment Board and the Family First urge my colleagues to join me in voting ple with disabilities and many other members Federal Credit Union. against it. of the community have access to quality af- Through Mr. McHugh’s leadership, compas- f fordable housing. sion and commitment, thousands of people CONFERENCE REPORT ON H.R. 2863, Mr. McHugh has greatly expanded the af- have been able to improve the quality of their DEPARTMENT OF DEFENSE AP- fordable housing opportunities in the City of lives because they had a good quality, safe, PROPRIATIONS ACT, 2006 Rochester and Monroe County. When Mr. and affordable home. Many have used RHA McHugh started with the RHA in 1974, it had as a springboard to better jobs, self-sufficiency SPEECH OF approximately 1,100 Public Housing Units and and home ownership. He is a shining example 93 employees. Today RHA consists of 2,440 of the difference one devoted individual can HON. JOHN CONYERS, JR. OF MICHIGAN Public Housing units, 7,700 Assisted Housing make in providing quality affordable housing IN THE HOUSE OF REPRESENTATIVES units and 195 employees. Even with the addi- opportunities, building communities, encour- tion of so many units, the Rochester commu- aging self-sufficiency and protecting the dignity Sunday, December 18, 2005 nity continues to regard RHA in the highest of people with limited resources while at the Mr. CONYERS. Mr. Speaker, I rise in oppo- terms because of the commitment to keep same time safeguarding the public trust. sition to the legislation. Specifically, I oppose properties in good repair. Mr. McHugh has de- As Mr. McHugh heads into retirement, it is the avian flu liability provision which provides veloped and nurtured collaborations and part- with great pleasure that I recognize and com- sweeping blanket immunity for the drug com- nerships with numerous public service agen- mend Mr. McHugh for his 37 years of dedi- panies while again leaving American citizens cies and community organizations. He has cated and successful public service. If a man unprotected. This legislation, which appears continuously maintained a positive working re- can be judged wealthy because he has friends both unconstitutional and contrary to fed- lationship with not only the City of Rochester, and colleagues who both respect and admire eralism, has not been reviewed by any com- but also Monroe County, and State and Fed- him, then Thomas F. McHugh is truly a mittee of jurisdiction. In fact, this language eral agencies. wealthy man. He leaves a great legacy that was added to the Department of Defense Ap- While administering housing for more than can serve as an example to all of us. My most propriations Conference Report in the middle 10,000 households is a daunting task in and sincere and heartfelt congratulations go out to of the night, long after the conferees approved of itself, under Mr. McHugh’s leadership, RHA Mr. McHugh for a job well done. the bill. Under the current provision, punitive dam- has used its resources in an effective and effi- f cient manner. RHA has reported solid financial ages for any claims are barred, allowing for no performance year after year and achieved CONFERENCE REPORT ON S. 1932, corporate liability. Drug companies that en- high ratings in HUD’s assessment programs DEFICIT REDUCTION ACT OF 2005 gaged in the worst kinds of abuses could not for Section 8 and public housing. be penalized by juries. In addition, the legisla- Mr. McHugh spearheaded the effort to rede- SPEECH OF tion limits the total liability of any manufacturer sign Rochester’s first public housing complex, HON. BETTY McCOLLUM or distributor. The result is no out of pocket payments by reckless corporations and no real the State-built Hanover Houses that consisted OF MINNESOTA recovery for injured citizens. of seven high rise building for low-income fam- IN THE HOUSE OF REPRESENTATIVES ilies. He replaced the Hanover Houses with Consider this example: The Secretary of townhouse units to house families, seniors Sunday, December 18, 2005 Health and Human Services declares a poten- tial public health emergency and designates a and people with disabilities that maintain a Ms. MCCOLLUM of Minnesota. Mr. Speak- vaccine as a countermeasure. Later produc- much greater degree of livability and security. er, I rise in strong opposition to the Repub- Mr. McHugh greatly expanded the scope of lican’s so-called budget reconciliation plan. tion of the vaccine demonstrates that the vac- resident and educational services at RHA. This bill cuts vital services to families to pro- cine has vast problems with its potency and may render the vaccine harmful. With this Through the Family Investment Center Depart- vide tax cuts for the most fortunate. At the knowledge, the company still sends the vac- ment and a Social Services Department, RHA same time that the majority adds to our Na- cine to thousands of distributors and when it has provided to thousands of residents train- tion’s exploding Federal budget deficit. is administered, the result is numerous deaths. ing on family self-sufficiency, computers, con- The conference committee unfortunately Under this provision, families who are trying to failed to alleviate the draconian cuts in the struction trades apprenticeships, GED attain- gain compensation for their losses are left original House version of this bill. The con- ment and job placement. RHA also now has without recourse. resources and staff available to assist resi- ference report before us slashes Medicaid, re- This provision requires that before an in- dents who need counseling services for drug ducing access to health care for children and jured person can pursue a claim, the Sec- prevention or other types of intervention. families, the elderly, and persons with disabil- retary of HHS must determine, by clear and Under Mr. McHugh’s leadership, RHA devel- ities. It continues the Republican plan to bal- convincing evidence, that there was willful oped a summer camp program which serves ance the budget on the backs of students by misconduct on the part of the manufacturer, over 250 young people and created an after including $13 billion in cuts to student financial distributor, or administrator of a covered prod- school tutoring program. RHA has nutrition aid: The bill increases costs for local govern- uct. First, this would insure that no injured per- programs for seniors and provides a senior ment and decreases services for families by son, including first responders and medical escort van to transport them to shopping and cutting funding for child support enforcement, personnel, would have coverage. Second, it is doctor appointments. foster care, and other child welfare programs. doubtful that ‘‘willful misconduct,’’ which is de- Mr. McHugh’s public service has not been Conferees also chose to disregard the com- fined as actual knowledge that a covered limited to only the Rochester Housing Author- mon-sense cost saving measures passed in product would cause harm, could actually be ity. During his 32-year career at RHA he has the Senate bill. The bill before us does not in- proven. Third, even if an injured victim proved had long time affiliations, board memberships clude the elimination of the PPO slush fund willful misconduct by clear and convincing evi- and service on committees with many organi- which is a $10 million giveaway to the insur- dence, the massive tort reform such as no pu- zations such as: Council of Large Public ance and drug industry. Republicans have nitive damages and capped non-economic Housing Agencies (CLPHA), National Associa- once again chosen to prioritize corporations damages would severely limit any compensa- tion of Housing and Redevelopment Officials over families. tion. (NAHRO), Middle Atlantic Regional Council of Mr. Speaker, this bill is an outrage. It is out- In addition, this portion of the conference re- NAHRO, National Leased Housing Associa- rageous that Republicans dare to claim fiscal port applies to a wide range of drugs, vac- tion, National Low-Income Housing Coalition, responsibility while preparing to pass $60 bil- cines, and other products. The provision does

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.071 E22DEPT1 ccoleman on PROD1PC71 with REMARKS E2650 CONGRESSIONAL RECORD — Extensions of Remarks December 22, 2005 not limit its application to only new drugs or of federal preemption of state law. All rel- placed before a claimant, including the insu- vaccines used in a pandemic context. Instead, evant state laws are preempted. Sec. (a)(8). perable one of inaction by the Secretary or it applies to any ‘‘drug, biological product or However, for the exttemely narrow instance Attorney General, raise significant due proc- of willful (knowing) misconduct by someone ess issues. The Supreme Court has recog- device’’ that is used to treat or cure a pan- in the stream of commerce for a counter- nized that official inaction cannot prevent a demic, epidemic or limit the harm that a pan- measure the bill establishes that the sub- claimant from being able to go forth with a demic or epidemic might cause. As drafted, stantive law is the law of the state where the legitimate lawsuit. See Logan v. Zimmerman this legislation would include drugs such as injury occurred, unless preempted. Sec. Brush Co., 455 U.S. 422 (1982). The proposed Tylenol or AdviI. (e)(2). The sponsors appear to be trying to bill seems to reverse that constitutional im- Finally, the conference report falsely claims have it both ways, which may not be con- perative. to establish a compensation process. This stitutionally possible. The bill anticipates Third, the complete preclusion of judicial ‘‘compensation process’’, under the sole direc- what is called express preemption, because review raises serious constitutional issues. the scope of any pennissible lawsuits is tion of the Secretary of HHS, is governed by The Act, through Sec. 319F–3(b)(7), expressly changed from a state-based to a federally abolishes judicial review of the Secretary’s regulations created by the Secretary alone based cause of action. See Beneficial Nat’l actions, ordaining that ‘‘[n]o court of the and includes caps on compensation awards. Bank v. Anderson, 539 U.S. 1, 8 (2003). United States, or of any State, shall have Further, no monies have been appropriated for Usually, that type of ‘‘unusually ’power- subject matter jurisdiction,’’ i.e., the power, the fund and consequently, the ‘‘compensation ful’’’ preemptive statute provides a remedy ‘‘to review . . . any action of the Secretary process’’ is whole inoperable. The provision for any plaintiff’s claim to the exclusion of regarding’’ the declaration of emergencies, state remedies. Id. at 7 (citation omitted). has no true compensation program. as well as the determination of which dis- Here, rather than displace state law in such eases or threats to health are covered, which Attached to my statement is a letter from instances, the bill adopts the different indi- Professor Erwin Chemerinsky, Alston & Bird individual citizens are protected, which geo- vidual laws of the various states, but amends graphic areas are covered, when an emer- Professor at the Duke University School of them to include a willful misconduct stand- gency begins, how long it lasts, which state Law which further outlines the problems and ard that can only be invoked if the Secretary laws shall be preempted, and when or if he issues concerning this preparedness provision. or Attorney General initiates an enforce- shall report to Congress. Instead of putting the burden on the victim by ment action against those involved in the The United States Supreme Court has re- cutting compensation and protecting the drug countermeasure and that action is either peatedly stressed that the preclusion of all pending at the time a claim is filed or con- judicial review raises ‘‘serious questions’’ manufacturers, we must ensure corporate ac- cluded with some form of punishment or- countability and protection for our citizens. I concerning separation of powers and due dered. process of law. See, e.g., Johnson v. Robison, strongly urge a ‘‘no’’ vote. Such a provision raises two important con- 415 U.S. 361 (1974); see also, Oestereich v. Se- ALSTON & BIRD PROFESSOR OF LAW stitutional concerns. One problem is that lective Service System Local Board No. 14, AND POLITICAL SCIENCE, DUKE this hybrid form of preemption looks less 393 U.S. 233 (1968); McNary v. Haitian Refugee UNIVERSITY SCHOOL OF LAW, like an attempt to create a federal cause of Center, Inc., 498 U.S. 479 (1991); Reno v. Catho- December 20, 2005. action than an direct attempt by Congress to lic Social Services, 509 U.S. 43 (1993). Judicial DEAR SENATOR: I understand that the Con- amend state law in violation of Erie Railroad review of government actions has long re- gress is considering legislation that has been Co. v. Tompkins, 304 U.S. 64 (1938) and basic denominated as the ‘‘Public Readiness and principles of federalism. Although Congress garded as ‘‘an important part of our con- Emergency Preparedness Act.’’ This legisla- may preempt state law under the Supremacy stitutional traditional’’ and an indispensable tion would give the Secretary of Health and Clause by creating a different and separate feature of that system,’’ Lehnhausen v. Lake Human Services extraordinary authority to federal rule, see Crosby v. Nat’l Foreign Trade Shore Auto Parts Co., 410 U.S. 356, 365 (1973). designate a threat or potential threat to Counc., 530 U.S. 363, 372 (2000), it may not di- The serious constitutional issues raised by health as constituting a public health emer- rectly alter, amend, or negate the content of this legislation deserve a full airing and gency and authorizing the design, develop- state law as state law. That power, the Erie counsels against any rush to judgment by ment, and implementation of counter- Court declared, ‘‘reserved by the Constitu- the Congress. Whatever the merits of the measures, while providing total immunity tion to the several States.’’ 304 U.S. at 80. It bill’s purposes, they may only be accom- for liability to all those involved in its devel- becomes clear that the bill attempts to plished by consideration that assures its con- opment and administration. In addition to amend state law, rather than preempt it stitutionality . according unfettered discretion to the Sec- with a federal alternative, when one realizes ERWIN CHEMERINSKY. retary to grant complete immunity from li- that States will retain the power to enact f ability, the bill also deprives all courts of ju- new applicable laws or amend existing ones risdiction to review those decisions. Sec. with a federal overlay that such an action UNITED STATES-BAHRAIN FREE (a)(7). I write to alert the Congress to the se- may only be commenced in light of a federal TRADE AGREEMENT IMPLEMEN- rious constitutional issues that the legisla- enforcement action and can only succeed TATION ACT (H.R. 4340) tion raises. when willful misconduct exists. The type of First, the bill is of questionable constitu- back and forth authority between the federal tionality because of its broad, unfettered and state governments authorized by the bill HON. BETTY McCOLLUM delegation of legislative power by Congress fails to constitute a form of constitutionally OF MINNESOTA to the executive branch of government. authorized preemption. IN THE HOUSE OF REPRESENTATIVES Under the nondelegation doctrine, Congress The other problem with this provision is may provide another branch of government that the unfettered and unreviewable discre- Thursday, December 22, 2005 with authority over a subject matter, but tion accorded the Secretary or Attorney Ms. McCOLLUM of Minnesota. Mr. Speaker, ‘‘cannot delegate any part of its legislative General to prosecute an enforcement action I rise in strong opposition to the United States- as a prerequisite for any action for willful power except under the limitation of a pre- Bahrain Free Trade Agreement Implementa- scribed standard.’’ United States v. Chicago, misconduct violates the constitutional guar- M., St. P. & P.R. Co., 282 U.S. 311, 324 (1931). antee of access to justice, secured under both tion Act (H.R. 4340). Recently, the Supreme Court endorsed Chief the First Amendment’s Petition Clause and The Kingdom of Bahrain has been an Amer- Justice Taft’s description of the doctrine: the Fifth Amendment’s Due Process Clause. ican ally in the Persian Gulf for decades, and ‘‘the Constitution permits only those delega- See Christopher v. Harbury, 536 U.S. 403, 415 n. I support expanding opportunities for trade be- tions where Congress ‘shall lay down by leg- 12 (2002). In fact, the Court has repeatedly tween our nations. Trade is a valuable tool to islative act an intelligible principle to which recognized that that ‘‘the right of access to strengthen America’s global partnerships and the person or body authorized to [act] is di- the courts is an aspect of the First Amend- advance a higher quality of life at home and ment right to petition the Government for rected to conform.’’’ Clinton v. City of New abroad. The U.S.-Bahrain Free Trade Agree- York, 524 U.S. 417, 484 (1998)(emphasis in redress of grievances.’’ Bill Johnson’s Res- original), quoting J.W. Hampton, Jr., & Co. taurants v. NLRB, 461 U.S. 731. 741 (1983), cit- ment, however, does not pursue trade that is v. United States, 276 U.S. 394, 409 (1928). The ing California Motor Transport Co . v. Truck- free and fair. Rather, it expands a system of breadth of authority granted the Secretary ing Unlimited, 404 U.S. 508, 510 (1972). First globalization that benefits large multinational without workable guidelines from Congress Amendment rights, the Supreme Court has corporations at the expense of working people appears to be the type of ‘‘delegation run- said in a long line of precedent, cannot be de- and their families. ning riot’’ that grants the Secretary a ‘‘rov- pendent on the ‘‘unbridled discretion’’ of Under this free trade agreement, Bahrain is ing commission to inquire into evils and government officials or agencies. See, e.g., only required to comply with its domestic labor City of Lake wood v. Plain Dealer Pub. Co., 486 upon discovery correct them’’ of the type laws, which do not need to be consistent with condemned by Justice Cardozo in A.L.A. U.S. 750, 757 (1988). At the same time, the Due Schechter Poultry Corp. v. United States, 295 Process Clause guarantees a claimant an op- international recognized labor rights. As a re- U.S. 495, 553 (1935)(Cardozo, J., concurring). portunity to be heard ‘‘at a meaningful time sult, workers can be denied their right to orga- Second, the bill raises important fed- and in a meaningful manner.’’ Armstrong v. nize and bargain collectively and have no eralism issues because it sets up an odd form Manzo, 380 U.S. 545, 552 (1965). The obstacles guarantee of freedom from child labor, forced

VerDate Aug 31 2005 07:24 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.074 E22DEPT1 ccoleman on PROD1PC71 with REMARKS December 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2651 labor, and discrimination. In turn, the playing With Members of this House and people terprise and Self-Sustainability Team (NESsT). field for U.S. workers and goods produced in around the world, I recall the joy of seeing de- From its offices in Budapest and Santiago, this the U.S. must be lowered to compete with the mocracy and human rights restored to long- organization has emerged as an international current standards of our trading partner. suffering peoples of Central Europe and the leader in the effort to foster social entrepre- This Congress knows better. Just four years former Soviet Union. I remember watching in neurship and venture philanthropy in devel- ago, this House passed a free trade agree- amazement as Berliners from both halves of oping nations. NESsT’s co-founders, Nicole ment with another country in the Middle East, the divided city danced on the Berlin Wall. I Etchart and Lee Davis, direct initiatives that Jordan, by voice vote. The U.S.-Jordan Free joined people from around the world as we clearly address the challenges and needs of Trade Agreement affirmed the rights of work- chipped a piece from that disappearing Wall. NGOs in Central Europe and Latin America. ers and explicitly stated that it was ‘‘inappro- I was with the Czech students celebrating in Mr. Speaker, for all these reasons and priate to encourage trade by relaxing domestic the streets of Prague. many more, I urge my colleagues to join me labor laws.’’ It is extremely disappointing that The struggle for democracy and human in recognizing the important mission of the So- the agreement before us today could not live rights is far from over in this region and else- cial Enterprise Competition for Central and up to this standard and do more to protect the where in the world. As the United States Eastern Europe and the outstanding contribu- rights of workers. strives to help emerging democracies such as tions of its principal sponsor, the Nonprofit En- The U.S.-Bahrain free trade agreement also Ukraine, Georgia, and Afghanistan, efforts by terprise and Self-Sustainability Team. fails on environmental protection. Under this NESsT and other non-governmental organiza- agreement, the labor and environmental dis- tions (NGOs) through activities such as the f social enterprise competition are critical in pute process is inferior to that provided for CONFERENCE REPORT ON H.R. 2863, commercial provisions. Monetary fines for en- helping to promote the rights and interests of the public in emerging democracies. DEPARTMENT OF DEFENSE vironmental and labor violations are capped at Mr. Speaker, Central and Eastern Europe APPROPRIATlONS ACT, 2006 $15 million. This amount is lower than that for received an enormous amount of foreign as- commercial violations and likely too low to sistance throughout the 1990s, which assisted SPEECH OF deter the most severe violations. former communist countries to transition to This free trade agreement also undermines HON. EARL POMEROY more open and democratic societies. How- OF NORTH DAKOTA the quality of life of working families in other ever, in recent years, this region has seen sig- IN THE HOUSE OF REPRESENTATIVES ways. It extends patent protection for pharma- nificant cuts in U.S. foreign assistance. De- ceutical companies, extending the time before spite these cuts in funding, the needs of civil Sunday, December 18, 2005 generic drugs may enter the market. This de- society organizations in this region continue to Mr. POMEROY. Mr. Speaker, I rise to say nies working families affordable access to the grow. that although I will be voting for H.R. 2863, I prescription drugs they need, to the benefit of The limits on democratic development as- would like to express my disappointment already successful drug companies. sistance in Central and Eastern Europe re- For these reasons, I oppose this free trade about several of the provisions in the Act. sulted in some serious questions about the vi- These extraneous provisions should not have agreement and encourage my colleagues to ability of civil society organizations to assist in vote against this legislation. been included in this important bill that is help- democratic development. What role should so- ing to fund and support our troops. f cial enterprise play in encouraging growth, up- First, I am concerned about the inclusion of holding worker rights, and protecting natural NESsT SOCIAL ENTERPRISE COM- aid for students displaced by Hurricane resources? What role can civil society organi- PETITION FOR CENTRAL & EAST- Katrina both procedurally and substantively. zations play in democratic development if they ERN EUROPE While I believe that schools serving displaced are beholden to the whims of foreign donors? students must be reimbursed for educational NGOs, such as NESsT, have found innovative expenses associated with these students as TOM LANTOS and cost-efficient ways to strengthen the finan- soon as possible, I am concerned that the OF CALIFORNIA cial sustainability of civil society organizations system in this bill will create a continuing IN THE HOUSE OF REPRESENTATIVES working for social change and development in voucher system, which will not be in the best Thursday, December 22, 2005 emerging market countries. The NESsT-sponsored competition seeks to interest for teachers, students, or parents. I Mr. LANTOS. Mr. Speaker, I invite my col- expand the network of financially sustainable am not satisfied that this program will provide leagues to join me in recognizing an important civil society organizations throughout the re- the best relief for students and it is my hope competition that will take place in early 2006 gion. Through the competition, NESsT will that the program will only be utilized in this in Croatia, the Czech Republic, Hungary and apply a venture capital approach, also known emergency time and will sunset as provided Slovakia. as venture philanthropy, to providing the finan- next August. The regional Social Enterprise Competition cial and technical support to the region’s civil I am also concerned about the 1 percent for Central & Eastern Europe is sponsored by society organizations. across the board cut contained in the bill. This the Nonprofit Enterprise and Self-sustainability Mr. Speaker, venture philanthropy involves cut will reduce defense spending by $4 billion. Team (NESsT). The competition will bring to- applying the tools of the for-profit sector to ex- These cuts will affect funding of important gether social entrepreneurs and local civil so- pand the reach of the community organiza- homeland security programs, such as the Cus- ciety organizations to submit proposals for tions. Venture philanthropists often offer loans toms and Border Patrol and Immigration and achieving greater financial sustainability and equity equivalents rather than traditional Customs Enforcement, education programs in- through social enterprise. The mission of this donations; engage nonprofit managers with an cluding No Child Left Behind, and FBI funding, competition merits the attention of my col- array of technical and strategic advisory serv- including a reduction of new hires for the leagues in the House because it is inextricably ice; build organizational capacity through the counterintelligence/counterterrorism depart- linked to the role of civil society organizations development of skills and networks; and, most ment. as advocates for freedom, human rights and important of all, set clear performance goals I am disappointed in both of the above pro- public welfare in emerging democracies. and expect ‘‘portfolio members’’ to achieve visions, which I feel should have been consid- Mr. Speaker, I am certain that all of us re- concrete social and/or financial returns on in- ered separately. For this reason, I voted member the euphoria that accompanied the vestment. against the rule that allowed these provisions collapse of the Berlin Wall and the demise of I would like to pay tribute to the principal to be permitted for consideration in the De- communism just a decade and a half ago. sponsor of the competition, the Nonprofit En- fense Appropriations bill.

VerDate Aug 31 2005 07:09 Dec 23, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A22DE8.078 E22DEPT1 ccoleman on PROD1PC71 with REMARKS Thursday, December 22, 2005 Daily Digest Senate Samuel Knox Skinner, of Illinois, to be a Member Chamber Action of the Defense Base Closure and Realignment Com- Routine Proceedings, pages S14423–S14425 mission. USA PATRIOT Act Extension: Senate concurred Brigadier General Sue Ellen Turner, United States in the amendment of the House to S. 2167, to Air Force, Retired, of Texas, to be a Member of the amend the USA PATRIOT Act to extend the sunset Defense Base Closure and Realignment Commission. of certain provisions of that Act and the lone wolf James H. Bilbray, of Nevada, to be a Member of the Defense Base Closure and Realignment Commis- provision of the Intelligence Reform and Terrorism sion, to which position he was appointed during the Prevention Act of 2004 to July 1, 2006, clearing the last recess of the Senate. measure for the President. Page S14424 Philip Coyle, of California, to be a Member of the Signing Authority—Agreement: A unanimous- Defense Base Closure and Realignment Commission, consent agreement was reached providing that all ap- to which position he was appointed during the last plicable signing and appointments authorities be ex- recess of the Senate. tended through the adjournment of the Senate and Admiral Harold W. Gehman, Jr., United States that Senator Warner be authorized to sign duly en- Navy, Retired, of Virginia, to be a Member of the rolled bills and joint resolutions. Page S14424 Defense Base Closure and Realignment Commission, to which position he was appointed during the last Printing Authority—Agreement: A unanimous- recess of the Senate. consent agreement was reached providing that the James V. Hansen, of Utah, to be a Member of the text of S. 1783, as passed by the Senate on Novem- Defense Base Closure and Realignment Commission, ber 16, 2005, be printed. Page S14424 to which position he was appointed during the last Nominations Returned to the President: The fol- recess of the Senate. lowing nominations transmitted by the President of General James T. Hill, United States Army, Re- the United States to the Senate during the first ses- tired, of Florida, to be a Member of the Defense sion of the 109th Congress, and upon which no ac- Base Closure and Realignment Commission, to tion was had at the time of the sine die adjournment which position he was appointed during the last re- of the Senate, failed of confirmation under the provi- cess of the Senate. sions of Rule XXXI, paragraph 6, of the Standing General Lloyd W. Newton, United States Air Rules of the Senate. Force, Retired, of Connecticut, to be a Member of Defense Base Closure and Realignment Commis- the Defense Base Closure and Realignment Commis- sion: sion, to which position he was appointed during the James H. Bilbray, of Nevada, to be a Member of last recess of the Senate. Anthony Joseph Principi, of California, to be a the Defense Base Closure and Realignment Commis- Member of the Defense Base Closure and Realign- sion. ment Commission, to which position he was ap- Philip Coyle, of California, to be a Member of the pointed during the last recess of the Senate. Defense Base Closure and Realignment Commission. Samuel Knox Skinner, of Illinois, to be a Member Admiral Harold W. Gehman, Jr., United States of the Defense Base Closure and Realignment Com- Navy, Retired, of Virginia, to be a Member of the mission, to which position he was appointed during Defense Base Closure and Realignment Commission. the last recess of the Senate. James V. Hansen, of Utah, to be a Member of the Brigadier General Sue Ellen Turner, United States Defense Base Closure and Realignment Commission. Air Force, Retired, of Texas, to be a Member of the General James T. Hill, United States Army, Re- Defense Base Closure and Realignment Commission, tired, of Florida, to be a Member of the Defense to which position she was appointed during the last Base Closure and Realignment Commission. recess of the Senate. D1335

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Department of Justice: Army nomination of Maj. Gen. Eric T. Olson to Steven G. Bradbury, of Maryland, to be an Assist- be Lieutenant General. ant Attorney General. Army nomination of Col. Gilberto S. Pena to be The Judiciary: Brigadier General. Brett M. Kavanaugh, of Maryland, to be United Army nomination of Col. Rodney J. Barham to be States Circuit Judge for the District of Columbia Brigadier General. Circuit. Army nomination of Col. Larry L. Arnett to be In the Air Force: Brigadier General. Air Force nominations beginning with Brigadier Army nomination of Col. Otis P. Morris to be General Dana T. Atkins and ending with Brigadier Brigadier General. General Johnny A. Weida, which nominations were In the Navy: received by the Senate and appeared in the Congres- Navy nomination of Captain David J. Mercer to sional Record on May 9, 2005. Air Force nomination of Colonel James A. Buntyn be Rear Admiral (Lower Half). to be Brigadier General. Navy nomination of Tito P. Dua to be Captain. Air Force nominations beginning with Colonel Navy nomination of Lance C. Esswein to be Com- Brock John T. Strom and ending with Colonel Rich- mander. Page S14425 ard J. Utecht, which nominations were received by Messages From the House: Pages S14424–25 the Senate and appeared in the Congressional Record Enrolled Bills Presented: Page S14425 on October 6, 2005. Air Force nominations beginning with Colonel Adjournment: Senate met at 8 p.m., and, in accord- Gregory A. Biscone and ending with Colonel Tod D. ance with the provisions of H. Con. Res. 326, ad- Wolters, which nominations were received by the journed sine die at 8:04 p.m., until 12 noon, on Senate and appeared in the Congressional Record on Tuesday, January 3, 2006 for a pro forma session, November 4, 2005. and then adjourn automatically until 10 a.m. on In the Army: Wednesday, January 18, 2006. Army nomination of Colonel Freddie R. Waggoner to be Brigadier General. Army nomination of Col. Julia A. Kraus to be Committee Meetings Brigadier General. No committee meetings were held. h House of Representatives to amend the USA PATRIOT Act to extend the Chamber Action sunset of certain provisions of such act. Public Bills and Resolutions Introduced: 7 public Pages H13178–79 bills, H.R. 4647–4653; and 5 resolutions, H. Con. Amending the USA PATRIOT Act to extend Res. 329–330; and H. Res. 643–645, were intro- the sunset of certain provisions of that Act and duced. Pages H13188–89 the lone wolf provision of the Intelligence Re- Additional Cosponsors: Page H13189 form and Terrorism Prevention Act of 2004 to Reports Filed: Reports were filed today as follows: July 1, 2006: The House agreed by unanimous con- H.R. 4438, to establish special rules with respect sent to S. 2167, amended, to amend the USA PA- to certain disaster assistance provided for Hurricane TRIOT Act to extend the sunset of certain provi- sions of that Act and the lone wolf provision of the Katrina and Hurricane Rita (H. Rept. 109–364). Intelligence Reform and Terrorism Prevention Act of Page H13188 2004 to July 1, 2006, after agreeing to the Sensen- Speaker: Read a letter from the Speaker wherein he brenner amendment. Pages H13179–81 appointed Representative Wolf to act as Speaker pro A concurrent resolution correcting the enroll- tempore for today. Page H13177 ment of H.R. 2863: The House agreed by unani- Amending the USA PATRIOT Act to extend mous consent to S. Con. Res. 74, a concurrent reso- the sunset of certain provisions of such act: The lution correcting the enrollment of H.R. 2863. House agreed by unanimous consent to H.R. 4647, Pages H13181–83

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Adjournment Sine Die Pending Receipt of Sen- House of today, the House stands adjourned until 11 ate Message: Agreed by unanimous consent that a.m. on Monday, December 26, 2005, unless it soon- when the House adjourns today pursuant to this er has received a message or messages from the Sen- order, it adjourn to meet at 11 a.m. on Monday, De- ate transmitting its adoption of House Concurrent cember 26, 2005, unless it sooner has received a Resolution 326, in which case the House shall stand message from the Senate transmitting its adoption of adjourned sine die pursuant to that concurrent reso- H. Con. Res. 531, in which case the House shall lution. stand adjourned sine die pursuant to that concurrent resolution. Page H13183 Senate Message: Message received from the Senate Committee Meetings today appears on page H13178. No committee meetings were held. Senate Referrals: S. 716 and S. 1182 were referred f to the Committee on Veteran Affairs; S. 119 was re- NEW PUBLIC LAWS ferred to the Committee on the Judiciary; S. 1184 was referred to the Committee on International Rela- (For last listing of Public Laws, see DAILY DIGEST, p. D1333) tions; and S. 1315 and S. 2170 were held at the H.R. 4440, to amend the Internal Revenue Code desk. Page H13186 of 1986 to provide tax benefits for the Gulf Oppor- tunity Zone and certain areas affected by Hurricanes Quorum Calls—Votes: There were no yea-and-nay Rita and Wilma. Signed on December 21, 2005. votes, and there were no recorded votes. There were (Public Law 109–135) no quorum calls. Adjournment: The House met at 4 p.m. and at House 4:36 p.m., pursuant to the previous order of the No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Tuesday, January 3, 2006 12 noon, Tuesday, January 3, 2006

Senate Chamber House Chamber Program for Tuesday: Senate will meet in a pro forma Program for Tuesday: The House will meet in a pro session. forma session.

Extensions of Remarks, as inserted in this issue

HOUSE Hyde, Henry J., Ill., E2646 Pomeroy, Earl, N.D., E2651 Israel, Steve, N.Y., E2644 Ramstad, Jim, Minn., E2638 Blumenauer, Earl, Ore., E2634, E2637 Kilpatrick, Carolyn C., Mich., E2638 Rangel, Charles B., N.Y., E2632, E2635 Bordallo, Madeleine Z., Guam, E2648 Kolbe, Jim, Ariz., E2647 Rogers, Mike, Ala., E2642 Conyers, John, Jr., Mich., E2646, E2649 Lantos, Tom, Calif., E2643 Roybal-Allard, Lucille, Calif., E2645, E2648 Costa, Jim, Calif., E2644 Lee, Barbara, Calif., E2631, E2635 Slaughter, Louise McIntosh, N.Y., E2640, E2648 Crowley, Joseph, N.Y., E2640 McCollum, Betty, Minn., E2631, E2633, E2634, E2636, DeGette, Diana, Colo., E2645 E2648, E2649, E2650 Terry, Lee, Nebr., E2644 Engel, Eliot L., N.Y., E2647 Maloney, Carolyn B., N.Y., E2631, E2633, E2634, E2636, Towns, Edolphus, N.Y., E2633, E2636 Etheridge, Bob, N.C., E2642 E2637, E2638, E2641, E2643, E2645 Udall, Tom, N.M., E2642, E2647 Flake, Jeff, Ariz., E2639 Matsui, Doris O., Calif., E2638 Van Hollen, Chris, Md., E2634, E2637, E2641 Green, Mark, Wisc., E2642 Murphy, Tim, Pa., E2646 Wu, David, Ore., E2647

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