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, TUESDAY, MAY 3, 2005 No. 56 Senate The Senate was not in session today. Its next meeting will be held on Monday, May 9, 2005, at 2 p.m. House of Representatives TUESDAY, MAY 3, 2005

The House met at 12:30 p.m. and was he wants to take to deal with the po- of the Social Security actuaries of the called to order by the Speaker pro tem- tential, possible, future funding short- President’s proposed cuts. pore (Mr. PETRI). falls in Social Security. He used some Now let us say that young person f unfortunate verbiage. He said Social graduating from college is going to be- Security will be bankrupt in 2041. It come an entrepreneur, small business DESIGNATION OF SPEAKER PRO will not be bankrupt; it will pay 75 per- person and do pretty well with a truly TEMPORE cent of promised benefits under very small business, and they average The SPEAKER pro tempore laid be- conservative economic assumptions $58,000 a year throughout their life- fore the House the following commu- into the indefinite future, or 2053 if we time. What would the President do to nication from the Speaker: use the estimates of the Republican them? He would cut their Social Secu- WASHINGTON, DC, Congressional Budget Office. So it rity benefit from $26,000 to $19,800 May 3, 2005. would not be bankrupt in any sense. which would be a 25-percent cut which I hereby appoint the Honorable THOMAS E. But he did talk about the possibility they could get if Social Security went, PETRI to act as Speaker pro tempore on this there could be a shortfall in Social Se- under the President’s words, bankrupt. day. curity starting 40 or 50 years from That is if Congress did nothing and So- J. DENNIS HASTERT, today. That is progress that he is be- cial Security had a shortfall starting 40 Speaker of the House of Representatives. ginning to talk about that problem. He or 50 years from today. Under the f actually offered a solution, for once. worst-case scenario, that person would MORNING HOUR DEBATES His privatization plan he has admitted get the same. But the President wants would in fact make Social Security’s to guarantee a cut in that person’s ben- The SPEAKER pro tempore. Pursu- finances worse, has nothing to do with efits. Remember, this does not have ant to the order of the House of Janu- dealing with the future possible poten- anything to do with the President’s ary 4, 2005, the Chair will now recog- tial shortfalls in the Social Security privatization plan which would further nize Members from lists submitted by trust fund, the program as we know it undermine the finances of Social Secu- the majority and minority leaders for today. He said, finally, let us talk rity and accelerate the date of what morning hour debates. The Chair will about how we might get there. the President calls bankruptcy, others alternate recognition between the par- He cloaked benefit cuts in a veneer in call trust fund exhaustion, I call ben- ties, with each party limited to not to high-falutin rhetoric. He called it pro- efit reductions. exceed 30 minutes, and each Member, gressive indexing of wages. What he is The funny thing is that half of the except the majority leader, the minor- talking about is benefit cuts. Who American people pay more in taxes to ity leader, or the minority whip, lim- would pay the benefit cuts? Let us take Social Security than Federal income ited to not to exceed 5 minutes. someone who is 22 years old, graduated taxes. They have a lot invested in this The Chair recognizes the gentleman from college last year. They are a pub- program, and they would like to see from Oregon (Mr. DEFAZIO) for 5 min- lic schoolteacher. They are going to the benefits when they retire. utes. work the next 40 years as a public Now, it is a little different for rich f schoolteacher and hope to retire in people. Let us take the President on their 60s with a Social Security ben- his modest $400,000 which is a lot less SOCIAL SECURITY WILL NOT GO efit. If they earn $36,000 average over than he earns from his private invest- BANKRUPT their lifetime, their benefits would be ments. Let us just take his salary and Mr. DEFAZIO. Mr. Speaker, well, last cut by 16 percent, $3,000 a year. Their pretend that is all he has. He stopped week the President finally revealed a proposed benefit would go from $19,800 paying Social Security taxes on the few more specifics about the direction down to $16,500. These are calculations morning of March 24. That American

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 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2746 CONGRESSIONAL RECORD — HOUSE May 3, 2005 that earns $36,000 or $58,000 or even ASTHMA AWARENESS DAY the bill. We might call Kelsey a true $90,000 pays Social Security tax every The SPEAKER pro tempore. Pursu- respiration inspiration. She shares a day of the year, this year, with the ex- ant to the order of the House of Janu- quote, ‘‘My mom told me in some pectation they will get a benefit; but ary 4, 2005, the gentleman from Florida schools, there are children like myself not so for people who earn more, (Mr. STEARNS) is recognized during who need the EpiPen with them, but it $90,000, including Members of Congress. morning hour debates for 5 minutes. is locked far away in the clinic.’’ She When income hits $90,000, the tax goes Mr. STEARNS. Mr. Speaker, tomor- told the committee that if someone away. The President stopped paying on row is Asthma Awareness Day. I rise to needed their EpiPen, it might not get March 24, and he wants to cut the bene- celebrate the October 2003 enacted to them in time. fits of people who pay that tax every Asthmatic Students Treatment and Kelsey’s charisma and dedication led day this year, many of them a bigger Health Management Act, ASTHMA. It legislators in Tallahassee to rename tax than they pay to the Federal Gov- is now Public Law 108–377 and was H.R. H.B. 279 the Kelsey Ryan Act. More ernment under income taxes, particu- 2023 in the House and the Senate bill than 60 State legislators cosponsored larly low-income people. was S. 2815. I introduced this with the the bill which the House passed earlier Let us take some other friends of the gentleman from Rhode Island (Mr. this month 114 to 0. The Senate passed President. The heads of Viacom, Tom KENNEDY), and Senator ENZI and Sen- it last week, and it is on the desk of Freston and Les Moonves, they stopped ator KENNEDY carried the mantle there. Governor Jeb Bush. paying the Social Security tax at 4 Mr. Speaker, this law provides incen- Brenda Olson, director of govern- a.m. on January 2 because they earn tives for States to pass favorable laws mental affairs for the American Lung $77,000 a day. So at 4 a.m. on January that guarantee that students can carry Association of Florida points out that 2, their obligations to Social Security and use prescribed medicine and ana- ‘‘most schools in Florida do not allow went away. Despite their huge $20 mil- phylaxis medications while in school. students to carry the EpiPen.’’ As we lion salary, they will pay one one-thou- It is not a mandate, and incurs no new have been saying for years, ‘‘Moments sandth of 1 percent of their salary to spending. The idea has been germi- count when these reactions start.’’ Social Security, but working Ameri- nating since the early 1990s and has Kelsey’s mother, Blair Ryan, empha- cans are going to pay 6.2 percent of been building momentum since. sized another point we made in our bill, every paycheck and self-employed will On Asthma Awareness Day, May 7, H.R. 2023, that this is a team effort be- pay 12.4 percent of every paycheck, and 2003, there were only 20 asthma-friend- tween the student, the parents, the the President wants to cut their bene- ly States in our United States. Even physician, and the school. If a parent fits. But he does not want to cut the more limiting, of these 20, only nine and physician believe that a student is tax cuts for Mr. Moonves or Mr. extended that protection even further mature and competent to treat him or Freston, and he does not want to cut to anaphylaxis medication like epi- herself, a school should not impede this the tax cuts for himself. nephrine auto-injectors. Today, accord- medical regimen, but help it work for the student. There is a better way to solve the So- ing to the Allergy and Asthma Net- work, Mothers of Asthmatics, we have Currently, school districts across cial Security problem, and I will talk Florida have different policies on this about that another day. a strong number of 41 States protecting for asthma, 26 for asthma plus anaphy- matter, and some may well not serve a laxis, and four have legislation pending student who just accidentally got f for both conditions. Four that have stung by a bee or ate a cookie with an asthma laws have legislation pending unknown walnut. Officials in Volusia CONSTITUTION OPTION for anaphylaxis, and there is one State and Orange counties said the majority The SPEAKER pro tempore. Pursu- just getting started and has legislation of EpiPen are kept locked in school ant to the order of the House of Janu- that is pending for asthma anaphy- clinics. This is disastrous for the stu- ary 4, 2005, the gentleman from Ohio laxis-carrying students. dent’s health and potentially a lawsuit on the school. (Mr. CHABOT) is recognized during Mr. Speaker, this is a dramatic up- In conclusion, I am pleased with the morning hour debates for 5 minutes. swing for our children. I am especially proud to report what is going on in strong progress on this issue here in Mr. CHABOT. Mr. Speaker, for sev- Florida. Florida has been an inhaler- our Nation’s Capitol and in the State eral years now, President Bush’s judi- friendly State for years, but now there houses. I invite everyone to join us in cial nominees have been filibustered, is legislation pending to include epi- the Cannon Caucus Room tomorrow at including those who would fill four va- nephrine auto-injectors. 11:30 a.m. for a congressional briefing cancies in the Sixth Circuit Court of My friend and constituent, Dr. Karl followed by free asthma screenings and Appeals located in my district in Cin- Altenberger, an allergist in Ocala, asthma health clinics and exhibits cinnati, Ohio. This is unprecedented. Florida, has been active in advancing from 1 to 3:30 p.m. This year, Asthma Some would have us believe blocking this for his patients in the Florida Awareness Day is truly a breath of judicial nominations is a long and re- State legislature. He is to be com- fresh air. vered tradition. Nothing could be fur- mended. This bill passed last week and Mr. Speaker, tomorrow, is Asthma Aware- ther from the truth. Never before have is ready for the Governor’s signature. ness Day and I rise to celebrate the October judicial nominees with clear majority Just yesterday, the Orlando Sentinel 2003-enacted Asthmatic Students Treatment support been denied the courtesy of an reported ‘‘Girl fights for allergy law as and Health Management Act (ASTHMA). What up-or-down vote. Not once. lives depend on it.’’ In Celebration, a is now P.l. 108–377, and was H.R. 2023 in the The filibuster is not part of the Con- central Florida town, lives 9-year-old House and S. 2815 in the Senate, I had intro- stitution. It is not even part of the old Kelsey Ryan. ‘‘Severely allergic to pea- duced on 2003’s Asthma Awareness Day with Senate rules. While it is a useful tool nuts, she has never known life without my friend Representative PATRICK KENNEDY when considering legislation, and her EpiPen. The dose of adrenaline in- from Rhode Island. In the Senate, Senator should remain as such, we cannot allow side could save her life and is with her ENZI and Senator KENNEDY carried the mantel. filibustering of judicial nominations. at all times: in classrooms, on field This law provides incentives for States to Each time a nominee is denied an up- trips, and during school activities. Now pass favorable laws guaranteeing that stu- or-down vote, the impact is vast. Not Kelsey has been urging Tallahassee dents can carry and use prescribed asthma only is our Federal judiciary weakened, lawmakers to pass a bill that would and anaphylaxis (anna full AXE iss) medica- but our Constitution becomes more allow the estimated 100,000 Florida tions while at school. It is not a mandate, and vulnerable; and as chairman of the school children with life-threatening it incurs no new spending. This idea has been Subcommittee on the Constitution, let allergies the same access to this germinating since the late 1990s, and has me emphasize that these actions are EpiPen. been building momentum since. On Asthma unprecedented and should be abhorrent Kelsey has testified before four Tal- Awareness Day, May 7, 2003, there were only to those of us who are bound by oath to lahassee committees since February, 20 ‘‘asthma-friendly’’ States. Even more lim- uphold our country’s most sacred docu- meeting lawmakers and passing out iting, of these 20 only 9 extended that protec- ment, the United States Constitution. practice injectors urging them to pass tion even further to anaphylaxis (anna full AXE

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Network, Mothers of Asthmatics, a grand-slam morrow at 11:30 a.m. for a Congressional But as we move beyond this issue, it of 41 States protect for asthma, 26 for asthma Briefing, followed by free asthma screenings is important for us to also focus on plus anaphylaxis, 4 have legislation pending and asthma health exhibits from 1–2:30 p.m. other priorities that we have legisla- for both conditions, 4 that already have asth- This year’s Asthma Awareness Day is truly a tively to deal with the border security ma laws have legislation pending for anaphy- breath of fresh air. issue. Next week we are scheduled to laxis, and 1 State is just getting started and f have a hearing in the Judiciary Com- has legislation pending for asthma. This is a mittee’s Subcommittee on Immigra- dramatic upswing for our children. SUPPLEMENTAL APPROPRIATIONS tion on H.R. 98, a measure which enjoys I am especially proud to report what is going CONFERENCE REPORT bipartisan support. I am proud that the on in Florida. Florida has been inhaler-friendly The SPEAKER pro tempore. Pursu- lead cosponsor of the legislation is the for years, but now there is legislation pending ant to the order of the House of Janu- gentleman from Texas (Mr. REYES), to include epinephrine auto-injectors. My friend ary 4, 2005, the gentleman from Cali- former chairman of the Hispanic Cau- and constituent Karl Altenberger, MD, an aller- fornia (Mr. DREIER) is recognized dur- cus, and we have support from a wide gist in Ocala, FL has been active on advanc- ing morning hour debates for 5 min- range of Members. ing this for his patients for years in the Florida utes. H.R. 98, Mr. Speaker, establishes a State legislature. The bill passed last week Mr. DREIER. Mr. Speaker, tomorrow counterfeit-proof Social Security card. and is ready for the Governor. in the Committee on Rules and on We know that there are employers out Just yesterday (May 2nd), the Orlando Sen- Thursday on the House floor under the there who are required under the em- tinel reported that ‘‘Girl fights for allergy law as able leadership of the gentleman from ployer sanctions provisions of the 1986 if lives depend on it.’’ In Celebration, a central California (Mr. LEWIS), chairman of the Immigration Reform and Control Act Florida town, lives 9-year-old Kelsey Ryan. Committee on Appropriations, we will to ask for documents when they are ‘‘Severely allergic to peanuts, (she) has never be considering and voting with, I am hiring people, a birth certificate, driv- known life without her EpiPen. The dose of sure, strong bipartisan support, we will er’s licenses, other things. The exist- adrenaline inside could save her life and is be voting out the conference report on ence of a counterfeit-proof Social Secu- with her at all times: in her classroom, on field the supplemental appropriations bill rity card will make it easier for the trips and during after-school activities. focused on providing very important employer with a card like this, and Now Kelsey has been urging Tallahassee assistance to our effort in Iraq, the they will simply take and swipe this lawmakers to pass a bill that would allow the men and women there, and also aid to card or call a toll-free number and be estimated 100,000 Florida schoolchildren with the victims of the tragic tsunami that able to determine whether or not some- life-threatening allergies the same access to we saw take place last year. one is an American citizen, here on a their EpiPens—also known as epinephrine We also are very pleased that in- work permit or what their status is. If auto-injectors. cluded in that legislation is an item they do not have this card, they will Kelsey has testified before four Tallahassee which the gentleman from Illinois (Mr. not be able to get a job; and if employ- committees since February, meeting law- HASTERT) made a commitment to last ers hire them, we have increased by 400 makers and passing out practice injectors with fall that would be there when we were tags urging them to pass the bill.’’ We might percent the penalty for those employ- working on implementations of the call Kelsey a true respiration inspiration. She ers and we call for the establishment in recommendations from the 9/11 Com- shares that ‘‘My mom told me that in some H.R. 98 of 10,000 enforcement agents mission, the intelligence conference re- other schools there’s children like myself who who will make sure that employers are need their EpiPen with them, but it’s locked up port. actually complying with the law and far away in the clinic,’’ Kelsey told one com- To refresh the memories of our col- not hiring people here illegally. mittee. ‘‘If they somehow needed their EpiPen, leagues, there were many of us, Repub- The bill is called H.R. 98, Mr. Speak- it might not get to them in time.’’ lican conferees on the House side espe- er, because according to T.J. Bonner, Kelsey’s ‘‘charisma and dedication led legis- cially, who were pushing to include the president of the National Border lators in Tallahassee to rename H.B. 279 the very important border security provi- Patrol Council, it will reduce by 98 per- ‘‘Kelsey Ryan Act.’’ More than 60 State rep- sions. cent the number of illegal border cross- resentatives co-sponsored the bill, which the b 1245 ings. So we believe very strongly that implementation of a national counter- House passed earlier this month 114–0. The Unfortunately, our colleagues in the Senate passed it last week and it is on the feit-proof Social Security card, which other body refused to include those. We desk of Governor Jeb Bush. is not a national identification card, went ahead and passed out, again with Brenda Olsen, director of governmental af- only required for people who are look- fairs for the American Lung Association of strong bipartisan support, the legisla- ing for a new job, is one of the most Florida, points out that ‘‘Most schools in the tion that implemented the rec- important ways that we can deal with State of Florida do not allow students to carry ommendations of the 9/11 Commission, our very, very important border secu- their EpiPens,’’ and, as we have been saying including the establishment of a new rity issue. for years, ‘‘Moments count when these reac- Director of National Intelligence and We look forward to the passage of the tions start.’’ very important measures to increase supplemental appropriations bill here Kelsey’s mother, Blair Ryan, emphasizes the size of our border patrol as well as on the floor on Thursday. We also look another point we made in H.R. 2003: This is other important items dealing with the forward to what we hope to be very, a ‘‘team effort’’ between the student, the par- issue of intelligence. We were unable, very growing support for passage of ents, the physician, and the school. If a parent because, as I said, our colleagues in the H.R. 98. and physician believe that a student is mature other body would not include it, to f and competent to treat him or herself, a have the border security issues which SOCIAL SECURITY school should not impede this medical regi- we are going to be including in this men, but help it work for the student. Cur- supplemental appropriation bill. Again, The SPEAKER pro tempore (Mr. rently, school districts across Florida vary on Speaker HASTERT made a very good PETRI). Pursuant to the order of the their policies, and some may not well-serve a commitment that we would have it on House of January 4, 2005, the gen- student who just accidentally got stung by a the first must-pass piece of legislation. tleman from California (Mr. GEORGE bee, or ate a cookie with an unknown walnut. Those provisions, Mr. Speaker, are MILLER) is recognized during morning In the Sentinel article, officials in Volusia and very, very important. They are de- hour debates for 5 minutes. Orange counties said the majority of EpiPens signed to ensure that driver’s licenses Mr. GEORGE MILLER of California. are kept locked in school clinics. This could do not get into the hands of people who Mr. Speaker, this last weekend I held a prove to be just disastrous, for the student’s are here illegally. It also is designed to town hall meeting on Social Security health, and potentially as a lawsuit to the complete the 31⁄2-mile gap in the border in my hometown of Martinez. I must school. fence which exists along the border be- say that the audience was quite I am pleased with the strong momentous tween Mexico and the United States, stunned to learn that not only was progress of this issue here in our Nation’s between San Diego and Tijuana. We, I President Bush continuing his drive for

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2748 CONGRESSIONAL RECORD — HOUSE May 3, 2005 the privatization of Social Security, education but for their retirement, I never asked Lowell if he was a Dem- which would borrow trillions of dollars they recognize how important it is that ocrat or Republican. I suspect he was a from the Social Security trust fund the Social Security trust fund be main- Democrat. We never talked much about and drive it deeper into debt and im- tained. politics because we shared a common peril its opportunities to achieve sol- But now this President comes along belief that the family was paramount. vency, but now he was offering some- and suggests that that is not the case, Lowell was the parent of Mark and thing called progressive indexing, that he is going to put an assault on Georgiann. Georgiann and I went to which would be a substantial cut in that trust fund with the privatization school together and graduated. She benefits under Social Security to mid- of Social Security and then he is going went on to San Francisco and lives dle-class recipients. to come along and cut the benefits to there today. Son Mark stays in Hobbs. They were quite stunned to learn middle-class Social Security recipients He and his wife Cindy have raised their that those individuals who pay into So- who have paid into that trust fund family there. cial Security every week from their throughout their entire working life. I The abiding memory of Mr. Stout is paychecks, every month from their think it is very clear that not only is that he was always with his wife paychecks and all year long from their this plan unacceptable to the vast Liliane. They raised their family in paychecks, that the President was now numbers of Americans who have had a Hobbs. He was a dedicated family man. suggesting that they should take a cut chance to take a look at it, but hope- In these days of partisan politics, I in their benefits as a way of restoring fully it will become unacceptable to know that many times Mr. Stout dis- solvency. They were not just stunned this Congress as stewards of that trust agreed with my opinions, but he frank- that the President was suggesting this fund. ly encouraged me to do the best that I one-two assault on Social Security, but But first and foremost, what the could. He did the best that he could. I they were also quite alarmed to learn American people want us to do is to think that we ought to learn by his ex- that the President apparently has no stop taking the money out of the trust ample: dedication and commitment to intention of paying back the some $700 fund to fund the rest of the govern- family, dedication and commitment to billion that his administration has bor- ment. We have got to honor what we a wife. rowed from the Social Security trust set out to do in 1983 under the bipar- Again, I salute Lowell Stout, a great fund, that the trust fund is, in fact, not tisan agreement of Speaker Tip lawyer, a fine human being, a friend being honored, the people that pay into O’Neill, an icon of the Democratic and the father of friends of mine and that trust fund every year to the tune Party, President Ronald Reagan, an the husband of a friend of mine. of some $160 billion, that that money is icon of the Republican Party, when f now being taken out to use for other they sat down and hammered out a bi- functions of the government, whether partisan agreement. RECESS it is the war in Iraq or whether it is the Part of that agreement was to create The SPEAKER pro tempore. Pursu- general spending of the government. a trust fund, not some honey pot that ant to clause 12(a) of rule I, the Chair It is very clear that they want that any Member of Congress could go into declares the House in recess until 2 trust fund restored. It is a trust fund. and take out for whatever purpose they p.m. today. They are paying into it because they want but a trust fund for the retire- Accordingly (at 12 o’clock and 56 believe that that money is going to be ment of millions and millions of Amer- minutes p.m.), the House stood in re- put there, loaned to the government, icans and their families. cess until 2 p.m. replaced by Treasury bills, but it will It is important that we honor that, f be there for their use, for their annu- Mr. Speaker. ities that they are buying every week f b 1400 when they pay into the Social Security AFTER RECESS fund. LOWELL STOUT But that is not what the President is The SPEAKER pro tempore. Pursu- The recess having expired, the House suggesting. The President is sug- ant to the order of the House of Janu- was called to order by the Speaker pro gesting, as he does in the budget that ary 4, 2005, the gentleman from New tempore (Mr. BOOZMAN) at 2 p.m. this House passed last week, that he Mexico (Mr. PEARCE) is recognized dur- f will continue to borrow $160 billion out ing morning hour debates for 5 min- PRAYER of the trust fund and, as he said when utes. he went to West Virginia, it is really Mr. PEARCE. Mr. Speaker, I rise The Chaplain, the Reverend Daniel P. not a trust fund, there is no trust today to salute Lowell Stout, a good Coughlin, offered the following prayer: there, so apparently he is the first friend who recently passed away in Eternal Father, You are ever present President since we started Social Secu- Hobbs, New Mexico. to Your people, especially the young rity who has suggested that he may not Lowell was an attorney there. He and the most vulnerable of society. As pay the trust fund back. moved to the area from Oklahoma we pray for the Members of the United That is just unacceptable to my con- after the Dust Bowl days in the 1930s. States House of Representatives today, stituents at the town hall in Martinez. He always called himself a proud son of we strain with eyes of faith to peer I think it is unacceptable to the over- a sharecropper from Blaine Bottom, into the future. We know, Lord, that whelming number of the American pub- Oklahoma. even now, You are preparing us for an lic who believe that the reason they Lowell worked his way through uncertain age to come. By blessing this are paying into Social Security is so school as a roughneck on drilling rigs. country with energetic and intelligent that they can have some level of finan- He also worked as an oil field roust- young people who have a clear vision of cial security upon their retirement. about. During the Korean War, he just what is right and a vibrant aware- Social Security, for the current retir- served in the Army. After his time in ness of those suffering in the world, ees, supplies over half of their retire- the service, he returned to Hobbs to You are already providing our Nation ment income. Sure, we all want to practice law defending a variety of with young leaders for tomorrow. make it easier and better and more civil litigation matters. Later he began By Your grace, strengthen family likely that Americans will save for to specialize, representing the small life, that our young people mature in their retirement. But that has not hap- guy in personal injury, plaintiff-related love and in freedom. Steeped in reli- pened. Hopefully it will happen in the matters. gious values, may they embrace the future. But Social Security is a very Lowell became a fellow of the Amer- self-discipline and study necessary to important part of people’s retirements. ican College of Trial Lawyers in 1981. achieve personal goals and realize their When they look at the efforts by cor- He was selected to be included among full potential. porations to get rid of their retirement the ‘‘Best Lawyers in America.’’ He May many young people be open to plans, when they look at the difficulty was an early inductee into the Joe Your call to serve fellow Americans in they are having as middle-class fami- Roehl Circle of Honor which honors the public service, raise ethical standards lies to save not only for their child’s finest trial lawyers in New Mexico. in business, bring greater integrity and

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2749 civility to politics, and become ambas- Ms. EDDIE BERNICE JOHNSON of facing Social Security and his ideas to sadors of peace, reconciliation and lib- Texas. Mr. Speaker, almost a quarter help solve those problems. Indeed, he erty in a world community. of Texans do not have health insur- has left open for debate, as we have, We praise You and thank You, for ance, and this is the highest rate of un- any productive reform idea to address Your hopeful dreams You are now insured in the United States. the system’s funding and benefit struc- planting in the hearts of America’s In Dallas alone, the uninsured rate is ture, personal retirement accounts, youth, both now and always. Amen. 25 percent. We all know someone who is and other options. f living without health insurance. There President Bush and his party are try- THE JOURNAL is a perception that if someone does ing to preserve and strengthen Social not have health insurance, it is because Security for generations to come, to The SPEAKER pro tempore. The they do not work or they are on public keep the promise the program origi- Chair has examined the Journal of the assistance. nally made to the American people 7 last day’s proceedings and announces Over 80 percent of the uninsured decades ago. And since January, we Re- to the House his approval thereof. workers are workers, and 50 percent of publicans have identified the problems Pursuant to clause 1, rule I, the Jour- them are full-time workers. Americans and begun this crucial debate by pro- nal stands approved. who work hard for a living should not posing several solution alternatives. f have to live without health insurance. Meanwhile, the Democrats have ig- PLEDGE OF ALLEGIANCE These uninsured often face the difficult nored problems, offered no solutions, The SPEAKER pro tempore. Will the decision of either ignoring their med- and attacked anyone with courage to gentleman from Michigan (Mr. KILDEE) ical problems or being able to afford help. As I said, Mr. Speaker, some cyn- come forward and lead the House in the food and rent. ical ploys work and some do not. But Pledge of Allegiance. Mr. Speaker, the sad truth is that no as the retirement security of a genera- Mr. KILDEE led the Pledge of Alle- American family is more than one job tion of future retirees depends on the giance as follows: change, one corporate cost cut, or one honest, sincere work we do this year, I I pledge allegiance to the Flag of the serious illness or an accident away think we owe it to them to be a little United States of America, and to the Repub- from being uninsured. It is time for bit better than that. lic for which it stands, one nation under God, this Congress to address this problem So even as Republicans continue our indivisible, with liberty and justice for all. with innovative ideas and actions. work this month to develop the long- f f term solutions to Social Security trou- bles, I once again remind Democrats COMBAT MEDIC BADGE GIVING CYNICAL PLOYS A BAD willing to work with us that their seat (Mr. PITTS asked and was given per- NAME at the table will be kept open. mission to address the House for 1 (Mr. DELAY asked and was given per- f minute and to revise and extend his re- mission to address the House for 1 marks.) minute.) SOCIAL SECURITY Mr. PITTS. Mr. Speaker, the combat Mr. DELAY. Mr. Speaker, as much as (Mr. KUCINICH asked and was given medic badge was first awarded in 1945 we may hate to admit it, there is no permission to address the House for 1 to medics who served in combat while denying that the bald-face, cynical minute and to revise and extend his re- in or attached to a combat unit. As ploy can be as much a part of American marks.) times changed, the role of the medic politics as shaking hands and kissing Mr. KUCINICH. With all due respect changed with them. In Vietnam, med- babies. to my good friend, the gentleman from ics served in units, but some also flew Though cynical ploys are occasion- Texas (Mr. DELAY), Mr. Speaker, the in helicopter medical evacuation am- ally effective, they are almost never Democrats have been doing right for bulance units, called medivacs. pretty. But, Mr. Speaker, the refusal of the American people on social security. DUSTOFF was the call sign that we the national Democratic leaders to We have been holding town hall meet- gave this mission, and they saved near- offer constructive proposals to ings all over this country. We know ly a million people during the Vietnam strengthen and preserve the Social Se- and the American people ought to war by flying unarmed onto the battle- curity system is starting to give even know that Social Security is not going field to treat and save our wounded sol- cynical ploys a bad name. bankrupt, that the President misspoke diers, most often under fire. After all, the stakes of this debate when he said that there is no Social Se- The average DUSTOFF medic treated are not a mere election or two, but are curity trust fund. nearly 2,000 troops in a 1-year tour. instead a looming fiscal crisis and the As a matter of fact, the Social Secu- Currently, there is no unique way to retirement security of a generation of rity trustees released a report recently honor these brave men and women. Al- that says that right now the Social Se- though they flew in and out of combat American seniors. President Bush and some Republican curity trust fund has $1.68 trillion in it; every day, they are not eligible for the combat medic badge, because they congressional candidates ran in 2004 on that trust fund will grow to $6 trillion were not attached to a combat unit; the issue of retirement security. And by the year 2028 without any changes often the medivac unit was another the President made Social Security the whatsoever; that Social Security is unit. focus of his first State of the Union rock solid through the year 2041, ac- And my friend and colleague, the after his reelection. cording to the Social Security Admin- gentleman from Pennsylvania (Mr. From that day on, Democrat leaders istration’s own actuaries; that Social HOLDEN), has legislation to correct this have rejected any effort to begin bipar- Security is rock solid through the year by directing the Army, Navy, Air tisan dialogue on reform and have 2052, according to the bipartisan Con- Force, and Marines to develop the com- threatened any of their rank-and-file gressional Budget Office. bat medivac badge. The badge will be Members from so much as discussing Yes, both parties ought to come to- awarded to anyone who has served in the issue with members of the AARP, gether; but we ought to come together combat as a pilot or crew member of a let alone Republican Members. in truth, and we ought to have the helicopter medical evacuation ambu- From the outset of this debate, Re- President let go about this masquerade lance since 1950. publicans, led by President Bush, have about social Security going bankrupt. I urge the body to pass this, give the held a seat at the table open for con- What is going bankrupt is a legisla- DUSTOFF veterans the honor they de- gressional Democrats. And despite this tive process that fails to stand up for serve. sincere desire among many Democrats the retirement security of the Amer- f to help, their leaders have demanded ican people. Forty-seven million Amer- unquestioned obedience to their ob- icans rely on Social Security. They UNINSURED AMERICANS structionism. have a right to expect that the money (Ms. EDDIE BERNICE JOHNSON of Just last week, President Bush ended is going to be there, and we Democrats Texas asked and was given permission a 60-day tour of our Nation explaining will make sure that money will be to address the House for 1 minute.) to the American people the problems there for them for generations to come.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2750 CONGRESSIONAL RECORD — HOUSE May 3, 2005 IN HONOR OF PRIVATE FIRST dress the House for 1 minute and to re- And it is only fair. In past years, re- CLASS STEVEN SIRKO vise and extend his remarks.) tirees received a return of 10 percent (Ms. FOXX asked and was given per- Mr. WILSON of South Carolina. Mr. and more from Social Security. Today mission to address the House for 1 Speaker, over the past 70 years, Con- that return is barely 1.5 percent and minute.) gress has tried repeatedly to fix the So- that is not fair to younger Americans. Ms. FOXX. Mr. Speaker, it is with cial Security program. The payroll tax Younger workers today are much more the heaviest heart that I rise today to has been raised 22 times, and the familiar with investments through express the heartfelt condolences of a amount of Social Security benefits 401(k) plans offered which employers, grateful Nation and to honor the life of taxed has increased from zero to 85 per- workers know the power of compound Private First Class Steven Frederick cent. interest and how their contributions to Sirko, who passed away on April 17 Unfortunately, these changes did not these accounts grow steady. while serving in Iraq. solve the real challenges threatening Mr. Speaker, I challenge Members of Steven served our country as a U.S. the retirement of millions of Ameri- the House and Senate to have a vision Army battalion medic. He was sched- cans. Raising payroll taxes simply for Social Security one of fairness for uled to return to his home in States- postpones the bankruptcy and would all Americans. ville, North Carolina, in August. Ste- not be a permanent solution for Social f ven was a loving husband, son, and Security. ASSOCIATION HEALTH PLANS brother. He leaves behind his wife, Vir- On Thursday, President Bush further ginia Downs Sirko; his mother, Sum- outlined his proposal to provide a last- (Mr. BURGESS asked and was given mer Lipford; and stepfather, Steven ing solution for Social Security. permission to address the House for 1 Lipford; his father, Rick Sirko; and Today, the Washington Times reported minute and to revise and extend his re- stepmother, Rose Sirko; his sisters; that the Heritage Foundation and the marks.) and his brother. CATO Institute strongly support Presi- Mr. BURGESS. Mr. Speaker, this is May good bless them and comfort dent Bush’s proposal. The gentleman National Uninsured Week. In my home them during this very difficult time. from Texas (Mr. DELAY) is correct. Un- State of Texas, there are a significant We owe this brave soldier and his fam- fortunately, Democrats have yet to number of people who are uninsured. ily a tremendous debt of gratitude for offer any positive suggestions that The number of uninsured has in- his selfless service and sacrifice. Our would fix Social Security. creased for the third year in a row and Nation could not maintain its freedom Procrastination will not solve the that is largely because of the drop of and security without heroes like Ste- problem. We must act now to protect the employer based coverage. ven who make the ultimate sacrifice. benefits for today’s retirees and Mr. Speaker, there is a tool, there is Americans, as well as Iraqis, owe strengthen benefits for future genera- a lever we can pull to help stop the their liberty to Steven and his com- tions. drop off in employer based coverage. rades who came before him. Mr. Speak- In conclusion, God bless our troops. That lever is called association health er, please join me in honoring PFC Ste- We will never forget September 11. plans. In fact, this House passed asso- ven Sirko. ciation health plans several times dur- f f ing the 108th Congress. The problem is CRISIS IN THE FEDERAL PRISON b 1415 it has never been taken up by the other SYSTEM REMOVAL OF NAME OF MEMBER body. AS COSPONSOR OF H.R. 513 What are association health plans? (Mr. CHANDLER asked and was This is the ability for small businesses given permission to address the House Mr. MCNULTY. Mr. Speaker, I ask of a similar business model to band to- for 1 minute and to revise and extend unanimous consent to have my name gether and get the purchasing power of his remarks.) removed as a cosponsor of H.R. 513. a large corporation in order to hold the Mr. CHANDLER. Mr. Speaker, I rise The SPEAKER pro tempore (Mr. cost down of providing insurance to today to highlight a serious security BOOZMAN). Is there objection to the re- their members. risk to our communities. Our Federal quest of the gentleman from New Now, nearly 63 percent of all unin- prison system faces a crisis that we can York? sured workers are employed by small no longer ignore. There was no objection. The inmate population continues to businesses with fewer than 100 employ- reach record highs; yet the administra- f ees. It is estimated that association health plans would enable some 8 mil- tion and Congress failed to provide the SOCIAL SECURITY SOLUTIONS funding to keep our prisons secure. lion currently uninsured individuals to (Mr. PRICE of Georgia asked and was This has caused overcrowding and a receive coverage. given permission to address the House shortage in correctional staff. Mr. Speaker, I was so encouraged be- Our prisons are now more dangerous for 1 minute and to revise and extend cause the chairman of the relevant and our communities are being put in his remarks.) Senate committee said this year they jeopardy. For example, last July, Lex- Mr. PRICE of Georgia. Mr. Speaker, were going to seriously take up asso- ington, Kentucky, an inmate escaped last Thursday our President told the ciation health plans. In fact, he has from the Lexington Federal Medical Nation that he was willing to listen to charged people on both sides of this Center because there were fewer than any ideas from anyone and was willing question to come together and find so- 20 staff members supervising almost to share the credit for a solution to So- lutions to finally allow association 2,000 inmates. cial Security problems. health plans to be available in this He was eventually caught. Thank- Finding a solution requires more country. fully, no one in the community was se- than just complaining and my col- f leagues on the other side would like riously injured. However, if we do not END FILIBUSTERS start funding our Federal prison sys- you to believe that they have a plan, tems at a level that provides adequate but plans require more than just com- (Mr. SMITH of Texas asked and was staff, we may not be as fortunate next plaints. given permission to address the House time. A recent national poll by Harvard for 1 minute and to revise and extend I urge my colleagues and the admin- University found that 7 out of 10 col- his remarks.) istration to provide sufficient funding lege students do not believe that Social Mr. SMITH of Texas. Mr. Speaker, to the Federal prison system. Security will be there for them. Young- since 2003 Senate Democrats have fili- f er workers know that the government bustered or threatened to filibuster ten has used their Social Security money of the President’s circuit court nomi- SOLVING THE CHALLENGES for other programs. They also under- nees. This is unprecedented. FACING SOCIAL SECURITY stand voluntary personal accounts Some believe that applying the fili- (Mr. WILSON of South Carolina offer a better way to provide security buster to judicial nominations is a long asked and was given permission to ad- for them. and revered Senate tradition. Not so.

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Pursu- floor. school system; ant to clause 8 of rule XX, the Chair Whereas charter schools have enjoyed Not until Miguel Estrada’s nomina- will postpone further proceedings broad bipartisan support from the Adminis- tion in 2003 has a judicial nominee with today on motions to suspend the rules tration, the Congress, State Governors and clear majority support been blocked by on which a recorded vote or the yeas legislatures, educators, and parents across a filibuster. and nays are ordered, or on which the the United States; and Fairness in the justice system begins vote is objected to under clause 6 of Whereas the sixth annual National Charter with the confirmation of capable Schools Week, to be held May 1 to 7, 2005, is rule XX. an event sponsored by charter schools and judges. Each time a nominee is denied Record votes on postponed questions a vote, the American people are denied grassroots charter school organizations will be taken after 6:30 p.m. today. across the United States to recognize the justice. The American people deserve f significant impacts, achievements, and inno- better. It is time for every judicial vations of charter schools: Now, therefore, be nominee to receive an up or down vote. CONGRATULATING CHARTER it Remember, never before has a judi- SCHOOLS ACROSS THE UNITED Resolved, That— cial nominee with clear majority sup- STATES FOR THEIR CONTRIBU- (1) the House of Representatives acknowl- port been denied an up or down vote on TIONS TO EDUCATION edges and commends charter schools and the Senate floor. their students, parents, teachers, and admin- Mr. PORTER. Mr. Speaker, I move to istrators across the United States for their suspend the rules and agree to the reso- ongoing contributions to education and im- f lution (H. Res. 218) congratulating proving and strengthening the public school charter schools and their students, par- system of the United States; PENSION FUND BLACKMAIL FROM ents, teachers, and administrators (2) the House of Representatives supports LABOR UNIONS across the United States for their on- the sixth annual National Charter Schools (Ms. GINNY BROWN-WAITE of Flor- Week; and going contributions to education, and (3) it is the sense of the House of Rep- ida asked and was given permission to for other purposes. resentatives that the President should issue address the House for 1 minute and to The Clerk read as follows: a proclamation calling on the people of the revise and extend her remarks.) H. RES. 218 United States to conduct appropriate pro- Ms. GINNY BROWN-WAITE of Flor- Whereas charter schools deliver high-qual- grams, ceremonies, and activities to dem- ida. Mr. Speaker, recently the Wall ity education and challenge our students to onstrate support for charter schools during Street Journal highlighted a disturbing reach their potential; this week-long celebration in communities trend among labor union boards. They Whereas charter schools provide thousands throughout the United States. are engaging in pension fund blackmail of our families with diverse and innovative The SPEAKER pro tempore. Pursu- to bully corporations into agreeing educational options for their children; ant to the rule, the gentleman from with their partisan political agenda. A Whereas charter schools are public schools Nevada (Mr. PORTER) and the gen- authorized by a designated public entity and tleman from Michigan (Mr. KILDEE) top AFL–CIO lobbyist was referring to are responding to the needs of our commu- financial services funds backing the each will control 20 minutes. nities, families, and students and are pro- The Chair recognizes the gentleman President’s personal retirement ac- moting the principles of quality, choice, and count proposal and he said, ‘‘We have innovation; from Nevada (Mr. PORTER). no intention of letting any of these Whereas, in exchange for the flexibility GENERAL LEAVE companies get away with this while and autonomy given to charter schools, they Mr. PORTER. Mr. Speaker, I ask they manage our workers’ funds.’’ are held accountable by their sponsors for unanimous consent that all Members And 3 trustees representing the New improving student achievement and for their may have 5 legislative days within financial and other operations; which to revise and extend their re- York City Employees Retirement Sys- Whereas 41 States, the District of Colum- tem sent a letter to several investment marks on H. Res. 218. bia, and the Commonwealth of Puerto Rico The SPEAKER pro tempore. Is there banking companies demanding to know have passed laws authorizing charter their Social Security stance. schools; objection to the request of the gen- These union boards should be ensur- Whereas nearly 3,300 charter schools are tleman from Nevada? ing their members’ pensions are being now operating in 40 States, the District of There was no objection. Mr. PORTER. Mr. Speaker, I yield wisely invested in qualified ethical Columbia, and the Commonwealth of Puerto myself such time as I may consume. companies. Rico and are serving approximately 900,000 students; Mr. Speaker, I rise today in support How can we say that Sarbanes-Oxley Whereas over the last 10 years, Congress of H.R. 218. This resolution honors our has strengthened corporate responsi- has provided more than $1,500,000,000 in sup- Nation’s charter schools and the stu- bility if labor unions are investing in port to the charter school movement dents, parents, teachers, administra- and managing corporate boards based through facilities’ financing assistance and tors and other individuals involved for on their political interest rather than grants for planning, startup, implementa- their hard work and dedication to pro- their fiduciary responsibilities to their tion, and dissemination; Whereas charter schools improve their stu- viding a quality public education. members and the corporations for This week, May 1 through May 7, has which they represent? dents’ achievement and stimulate improve- ment in traditional public schools; been designated National Charter Whereas charter schools must meet the Schools Week. During this week, char- f student achievement accountability require- ter school organizations and others ments included by the No Child Left Behind around the United States recognize APPOINTMENT AS MEMBER TO Act of 2001, and contained in the Elementary these schools for their continued con- COMMISSION ON CIVIL RIGHTS and Secondary Education Act of 1965, in the tributions to education. The Nation’s The SPEAKER pro tempore. Pursu- same manner as traditional public schools, and often set higher and additional indi- charter schools deliver high-quality ant to Section 2 of the Civil Rights vidual goals, to ensure that they are of high education and challenge students to Commission Amendments Act of 1994 quality and truly accountable to the public; reach their potential. (42 USC 1975 NOTE), the order of the Whereas charter schools give parents new Forty-one States, the District of Co- House of January 4, 2005, and upon the freedom to choose their public school, char- lumbia and Puerto Rico, have passed recommendation of the minority lead- ter schools routinely measure parental satis- laws authorizing charter schools. Since er, the Chair announces the Speaker’s faction levels, and charter schools must the first charter school law was passed reappointment of the following mem- prove their ongoing success to parents, pol- in 1991, almost 3,300 charter schools ber on the part of the House to the icymakers, and their communities; Whereas nearly 40 percent of charter now serve nearly 900,000 students in 40 Commission on Civil Rights for a 6- schools report having a waiting list, and the States, the District of Columbia and year term expiring May 3, 2011: total number of students on all such waiting Puerto Rico. Mr. Michael Yaki, San Francisco, lists is enough to fill over 1,000 average-sized Specifically, I am pleased to honor California. charter schools; the 19 charter schools in the State of

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2752 CONGRESSIONAL RECORD — HOUSE May 3, 2005 Nevada that serve nearly 4,500 stu- gains as compared to their surrounding Mr. BOEHNER. Mr. Speaker, I thank dents. Nevada first passed charter district’s demographically-compared the gentleman for yielding me time. school legislation in 1997. As a co-spon- schools, or even the State average. Mr. Speaker, I rise today in support sor of that legislation, our first charter A report from America’s Charter of House Resolution 218, to recognize school opened in 1998 and in 1999 school School Finance Corporation called charter schools and their students, par- year. ‘‘Take Me on a Reading Adventure,’’ ents, teachers and administrators The State charter school legislation cites research from several States that across the United States for their on- was revised in 1999, lending teachers shows greater gains and/or higher going contributions to education. more room for creativity and allowing scores in reading for charter schools as This week is the Sixth Annual Na- charter schools the ability to offer an compared to their traditional school tional Charter Schools Week and a extended school day as well as an ex- peers. great opportunity for Congress to tended school year. Charter schools have enjoyed broad honor charter schools and those in- In my own community, the Andre bipartisan support from the adminis- volved in the role they play in reform- Agassi College Prepatory Academy tration, the Congress, State governors ing and improving our Nation’s public serves as a model for other charter and legislators, educators and parents education system. schools across the Nation. Designed to across the Nation. The Sixth Annual b 1430 enhance a child’s character, respect, National Charter School Week held motivation and self-discipline, Agassi this week, May 1 through May 7, 2005, Charter schools are public schools Prep, as the school has been nick- recognizes the significant impacts, that agree to improved academic named, was created specifically to im- achievements and innovations of our achievement and accountability in fi- prove skill levels and combat lowered Nation’s charter schools. nancial and other operations, in ex- academic expectations among the com- Through this resolution, Congress change for increased flexibility and munity’s most challenged children. today acknowledges and commends the independence. Greater autonomy al- Advanced technology, smaller class charter school movement and charter lows charter schools to focus on in- sizes, and extended school hours are schools’ students, teachers, parents, creasing academic achievement for in- just some of practices that Agassi Prep and administrators across the United dividual students, rather than com- utilizes to achieve a higher standard of States for their ongoing contributions plying with bureaucratic paperwork. education. to education and improving and Charter schools are subject to all the I commend the charter schools in the strengthening our Nation’s public same No Child Left Behind achieve- State of Nevada and across this great schools. ment goals as other public schools, but Nation for recognizing the immense I urge my colleagues to support this with greater flexibility in how they im- need for improved education and for resolution. prove student success. Increased flexi- their commitment to improving stu- Mr. Speaker, I reserve the balance of bility allows charter schools to use dent achievement for students who at- my time. varied educational methods and tech- tend these schools. Mr. KILDEE. Mr. Speaker, I yield niques while accounting for results. At charter schools nationwide, al- myself such time as I may consume. Almost 3,300 charter schools serve most half of the students are consid- Mr. Speaker, H. Res. 218 discusses the around 900,000 students in 40 States, ered at-risk or are former dropouts. impact which charter schools are hav- Washington, D.C., and Puerto Rico; and Charter schools serve a significant ing on our educational system. Charter nearly 40 percent of these charter number of minority students, students schools, while relatively new, like all schools have waiting lists. with disabilities, and students from public schools, have continued to gar- Charter schools are adept at meeting lower income families. ner both accolades and criticism for the specific needs of the local commu- These schools give opportunity and role they play. nities in which they are located and freedom to students and parents who Recent studies by the American Fed- are particularly devoted to serving otherwise not might not have had the eration of Teachers and the Economic low-income communities. Nationwide, chance to receive a quality education. Policy Institute have raised questions almost half of charter schools serve Nearly 40 percent of charter schools about whether charter schools are out- students considered at-risk or who report having a waiting list. And the performing traditional public schools. have previously dropped out of school. total number of students on all such These studies have generated a great Charter school students share similar waiting lists is enough to fill another deal of debate from both detractors and demographic characteristics with stu- 1,000 average-sized charter schools. By supporters of charter schools. dents in all public schools, and charter allowing parents and students to The one thing that does seem clear is schools serve significant numbers of choose their public schools, charter that charter schools on the aggregate students from low-income families, mi- schools can stimulate change and ben- are not performing on the level most nority students, and students with dis- efit all public students. hoped they would. Regardless of wheth- abilities. In exchange for flexibility and auton- er you are a supporter of charter Because charter schools often serve omy, public charter schools are held schools, we can all agree on the impor- students with limited access to edu- accountable by their sponsors for im- tance of a strong public school system. cational options, these innovative pub- proving student achievement and for This system, including charter schools, lic schools allow many parents and stu- their administration. continues to educate ninety percent of dents freedom of choice that otherwise Charter schools respond to the needs American students. Our public schools would not be available. And studies of America’s communities families and must have the resources and the focus show that the increase in educational students while promoting the prin- on quality to ensure that our children options, including access to charter ciples of quality, choice, and innova- get the best education possible regard- schools, is improving outcomes for stu- tion. less of race, ethnicity, disability, sta- dents. Charter schools must meet the same tus or whether they can speak English. According to the Center for Edu- No Child Left Behind student achieve- It is our public school system that I cation Reform, 15 studies show that ment accountability requirements as rise to support today. students frequently enter charter other public schools and often set high- Mr. Speaker, I reserve the balance of schools significantly below grade level. er and additional individual goals to my time. These students will then progress at or ensure that they are all high quality Mr. PORTER. Mr. Speaker, I yield 5 above the gains being made in sur- and truly accountable to the public. minutes to the gentleman from Ohio rounding districts, demographically According to the Center for Edu- (Mr. BOEHNER) and chairman of the comparable schools, or at the State av- cation Reform, as many as 15 studies committee. erage. find that students who frequently enter (Mr. BOEHNER asked and was given In December, Harvard University re- charters significantly are below the permission to revise and extend his re- leased a comprehensive, long-term normal grade level. These students marks, and include extraneous mate- study comparing student academic then achieve the same or even higher rial.) achievement at charter schools and

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2753 traditional public schools, and I will students are about 10 percent more likely to forts of both Republicans and Demo- enter the executive summary of that be proficient in reading and math than stu- crats in Congress to expand access to report in the RECORD at this point and dents in the matched regular public schools. charter schools through the bipartisan share just one of the most compelling In California, the corresponding proficiency No Child Left Behind Act. In the last 10 advantages are 9 percent in reading and 5 facts. percent in math. In Colorado, the cor- years, Congress has provided $1.5 bil- ACHIEVEMENT IN CHARTER SCHOOLS AND REG- responding proficiency advantages are 12 lion to support charter schools through ULAR PUBLIC SCHOOLS IN THE UNITED percent in reading and 14 percent in math. facilities’ financing assistance and STATES: UNDERSTANDING THE DIFFERENCES North Carolina is the only state in which grants for planning, startup, imple- (By Caroline M. Hoxby) charter students’ proficiency is statistically mentation, and dissemination. ABSTRACT significantly lower, by 4 percent, in both Through this resolution honoring Na- This study compares the reading and reading and math, compared to students in tional Charter Schools Week, Congress mathematics proficiency of charter school the nearest public school. In addition, Texas’ is recognizing the continued success students to that of their fellow students in charter students appear to be statistically demonstrated by charter schools and neighboring public schools. Ninety-nine per- significantly less proficient in math (not acknowledging the benefits that char- cent of all elementary students in charter reading). By adjusting for schools that serve at-risk ter schools provide to our local com- schools are included in the study. The char- munities. Charter schools provide par- ter schools are compared to the schools that students, the study focuses on regular char- their students would most likely otherwise ter schools that are expected to meet the ents with a wider variety of edu- attend: the nearest regular public school same standards as traditional public schools. cational choices. This not only helps with a similar racial composition (the The study’s ‘‘matching’’ method compares the students who attend those charter ‘‘matched’’ school). Compared to students in charter schools to public schools that are schools but also helps to take some of the matched regular public school, charter likely to share the same neighborhood, same the pressure off traditional public students are 5.2 percent more likely to be economic conditions, and the same popu- schools that might be struggling to im- proficient in reading and 3.2 percent more lation of students and parents. The selection of a neighboring public school as the point of prove. likely to be proficient in math on their I want to thank my colleague, the state’s exams. Students in charter schools comparison ensures that the groups of stu- dents being compared are as similar as pos- gentleman from Nevada (Mr. PORTER), that have been in operation longer are more for introducing this resolution and likely to have a proficiency advantage over sible. It is also likely that the public school their peers in the matched regular public selected for comparison was the school that urge my colleagues to join me in school. In reading, the advantage is 2.5 per- most of the charter school students would strong support for our Nation’s charter cent for a charter school that has been oper- have attended, had there been no charter schools. ating 1 to 4 years, 5.2 percent for a school op- school. Mr. KILDEE. Mr. Speaker, I yield erating 5 to 8 years, and 10.1 percent for a A national study like this one is useful be- such time as she may consume to the school operating 9 to 11 years. Also, charter cause it is comprehensive. Nevertheless, it is gentlewoman from the District of Co- useful to complement studies like this one school students are more likely to have a lumbia (Ms. NORTON). with studies based on randomization. Be- proficiency advantage if their school has Ms. NORTON. Mr. Speaker, I thank funding that is at least forty percent of that cause many charter schools have more appli- cants than places, they routinely hold lot- the gentleman from Michigan for yield- enjoyed by regular public schools. The re- ing me time, and I thank him and I sults suggest that charter schools are espe- teries, which allow scientific, random assign- cially likely to raise the achievement of stu- ment studies to be conducted. The key ad- thank the gentleman from Nevada for dents who are poor or Hispanic. vantage of randomization-based studies is bringing this resolution in support of that the charter school students and regular EXECUTIVE SECRETARY charter schools to the floor. public school students are comparable not Mr. Speaker, charter schools are one This study compares the reading and only in terms of race, ethnicity, and income, of the most innovative developments in mathematics proficiency of charter school but also on subtle dimensions like motiva- students in the United States to that of their the history of public education in our tion and aptitude. Multiple studies based on country, and they came from the bot- fellow students in neighboring public randomization are underway. The first such schools. Because charter schools are public study (Hoxby and Rockoff 2004) finds that a tom up. They have not developed out of entities, their students take state exams. large system of Chicago charter schools State governments or the like. They Thus, this study is based on schools that en- raised math and reading scores by about 6 have come from searches within juris- roll approximately 99 percent of elementary percentiles among students who entered in dictions for all alternative public students who attend charter schools. The grade 5 or below. schools, and this is what they are. charter schools are compared to the schools Because charter schools enroll only 1.5 per- In the District of Columbia, we think that their students would most likely other- cent of students, it is important to include of the charter schools as an alternative wise attend: the nearest regular public nearly all of them in a study. Results based school with a similar racial composition (the public school system because there are on only a small sample of charter school stu- so many of them. We have 43 charter ‘‘matched’’ school). dents (for instance, studies that rely on the Compared to students in the matched pub- 3 percent sample of the National Assessment schools in this one city alone, and that lic school, charter students are 5.2 percent of Educational Progress) cannot be used to is the largest number of charter more likely to be proficient in reading and draw conclusions about states’ charter schools per capita in the United States. 3.2 percent more likely to be proficient in school policies. A study that relies on a 3 Why are there so many charter math on their state’s exams. Charter schools percent sample of 1.5 percent of American schools? We feel strongly in the Dis- that have been in operation longer have a students is a study based on only 0.045 per- trict of Columbia that public money greater proficiency advantage over the cent of students. In contrast, this study uses must go to public schools, and it is un- matched public schools. For example, in data that are sufficient for detailed inves- reading, the advantage is 2.5 percent for a derstood that here and throughout the tigations of charter school students’ pro- United States public schools which charter school that has been operating 1 to 4 ficiency, nationwide. years, 5.2 percent for a school operating 5 to have to take every child are often over- 8 years, and 10.1 percent for a school oper- The study, completed by Harvard ec- crowded and underfunded, have had a ating 9 to 11 years. onomics professor Caroline Hoxby, very tough time making up for what The results show that charter schools are found charter schools overall are more particularly the most disadvantaged especially likely to raise the achievement of likely to raise the academic achieve- children do not bring to school. As a students who are poor or Hispanic. This is a ment of students who are poor or mi- result, public schools in many jurisdic- useful finding because charter schools serve nority, and show a larger effect on students who are disproportionately likely tions show low scores for children in to be minorities or poor. reading and math proficiency when those schools. Charter school students are more likely to they operate in areas that have a high What is a parent to do? What parents have a proficiency advantage if their state percentage of students who are poor, increasingly do is look for a public al- has a strong charter school law that gives African American, or Hispanic. Charter ternative to their public schools. They the schools autonomy and that ensures that schools serve the very students who want better schools, but the public is charter schools get funding equal to at least need help the most, and they are get- very clear that it wants public money 40 percent of the total per-pupil funding of ting results. for public schools. If we have any doubt regular public schools. In states where charter schools are well-es- Charter schools have benefited from about that, remember that even this tablished, charter school students’ advan- a strong degree of bipartisan support at House has never voted a voucher bill tage in proficiency tends to be greater. For the local, State, and national levels. for, nor has the Senate, anywhere ex- instance, in Arizona, fourth grade charter This was evidenced in 2001 by the ef- cept for the District of Columbia where

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2754 CONGRESSIONAL RECORD — HOUSE May 3, 2005 you can undemocratically do anything chosen and both kinds of schools are trict of Columbia want, if you have got you want to do, but for everybody else accountable to parents and to the pub- any extra money, Congress, please give they have listened to what people say lic for the dollars spent. it to us for charter schools. We said, and that is, yeah, we will punish you if I do believe that they stimulate com- oh, no, you are the District of Colum- one dime goes to anything but a pub- petition, unlike private schools which bia; we can experiment on you. We can licly accountable public school. do not stimulate any competition at do anything undemocratically to do Looking for a way to deal with the all. Private schools in the District of what we want to do, and we will do fact that, yes, many public schools do Columbia, which can take whatever some undemocratic things to you that not show the progress they should, it children they want to or not, are no our people would punish us for doing if seems to me we have to look to the competition for the District of Colum- we did it to them. paradigm that the public itself has cre- bia; but if there is a charter school in So now our folks are still hungry for ated, and those are charter schools. one’s neighborhood, the principal will even more charter schools, and we have There is no better place to begin than look to see what that charter school is got people going to private schools as in the District of Columbia where peo- doing. well. ple have simply voted with their feet. The superintendent today has an- I am going to put in the RECORD what When they did not like their school, nounced a plan because there are a few our charter schools have done because they have gone to a nearby charter charter schools that are very good and each year we have a climbing up. This school. they must take every child, but there is how people vote. They vote with They have advantages. They are not are a few charter schools that are very their feet. This is what a market sys- the advantage discussed in this resolu- good about actually pairing those char- tem is about. Ask people what they tion, where it says, whereas charter ter schools with some charter schools want. This is what democracy is. Ask schools improve students’ achieve- in their neighborhood which are not people what they want, and they will ment. That is very controversial. I do doing as well. choose what they want. Do not impose not know whether they do or not. All I With No Child Left Behind we have a on them what you want. know is that there are studies that say problem we are seeing all over the In our city, since most of our Catho- that they do and studies that say they country. You have got to find yourself lic schools which would be the alter- do not. a better school. Well, guess what. native schools in the Northwest and I want to say to my goods friends on Those schools are all full so there is no most of our most deprived children are the other side who are with me in sup- place to transfer now. Everybody ought in the Southeast, the first year of the port of charter schools, our case does to wish for charter schools because vouchers, we had most of the children not rest on that. If my colleagues un- there is a publicly accountable school in middle class and better schools, derstood how difficult it was to deal with a public dollar that perhaps one thank you very much. Then there was with education in the inner city, they can transfer to. They are opening fast, an outcry, which I can see, whether would understand that the fact that but not fast enough for us here. they can do any better this time. I can they come so close ought to be enough; There is no real substitute in any that parents want them as an alter- tell my colleagues it is very much civilized society for a public school harder to do better if you are from a native; that they are small; that they system; but particularly when parents are flexible; that they are in their very disadvantaged neighborhood in far are not satisfied with their public Southeast and there is a Catholic neighborhoods; that sometimes they schools, it does seem to me that char- are specialized. That is enough. school over here in this part of town ter schools offer the alternative and We have got a long way to go before and you have got a voucher to go there. the only alternative we ought to fund. we find the elixir for bringing particu- That is not going to work in the Dis- The District received the first Fed- larly disadvantaged children to where trict. eral funds, first funds from this Con- they should be; but if we just look at What will work in the District is gress for charter schools. That was what some of these schools in the Dis- what the people in the District have when Speaker Gingrich was here. He trict of Columbia, like just by some of embraced, and that is, if there is to be knew that he profoundly opposed their names, District of Columbia Bi- an alternative, let it be a publicly ac- lingual School, that is totally a bilin- school vouchers. He worked with me on countable school. gual charter school. charter school funding for the District The District of Columbia, unlike The SEED school, this is the first of Columbia. That paved the way for many jurisdictions, has absolutely public live-in school in the District of charter school funding which is now eliminated charter schools that were Columbia. These children do not go available to every State in the Union. not doing what they were supposed to home during the week. They do not go We had mothers who went to schools do. with private school vouchers. The home at night. So they have money b 1445 from us per capita from the school vouchers that this Congress mandated budget, and they raise other money; be paid for in the District of Columbia So we know what to do when they and these children actually live in a were fully paid for by private funds, work. We know what to do when they public charter school like a boarding but we said you do not have to pay for do not work. school. them. You have been raising money I am pleased to see the spread of There is the Marriott Hospitality every year; we will pay for them. So we charter schools. I believe that every Public Charter High School, where simply transferred public funds for the district has to decide for itself. In this children, besides learning the general private funds which have been sending region, for example, in Maryland and high school curriculum, also prepare these same children to school. Virginia, where Republicans have the themselves to go into the hospitality Well, the mothers came to me who majority of the Congress, they cannot field, which is the most important in- had been going to school on the private even get charter schools, and yet there dustry in this region. funds, and I said you are my folks and are hundreds of thousands of poor His- Here is another one, the Washington I understand why you are looking for panic and black children who might de- Mathematics, Science and Technology alternative schools. Tell me more. I cide that was a good alternative for School. And these are some of the rea- wanted them to know why I opposed them, not to mention the children else- sons that parents have, in fact, some- vouchers from public funds for private where in those States, but they cannot times chosen alternative schools here schools; and I was amazed at how many even get charter schools, which are in the District of Columbia: the public of them said, Congresswoman, we publicly accountable charter schools to school test scores are better. They are wanted to go to a charter school, but be embraced in their districts. That is better and systematically better, but they were all full. So, look, we wanted how much people in their districts my colleagues do not see me here say- a better school, and that is why they want every public dollar to go to the ing public schools are better because chose and were pleased to get these public school system. their scores are better. vouchers. When I argued that on this floor, The fact is that each kind of school Well, of course, I argued since char- they said, who do you think you are, has broad benefits that parents have ter schools are what the people of Dis- somebody voted by the people or the

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2755 District of Columbia? Well, we were choose. We all know that if you have choice about where their kids can go to not, but we are going to tell you what money, you have choice. Middle in- school, I think the better off those to do with your schools. Well, we have come, higher income, you have all the children will be and the better off our led the way on what to do if your choice you want because you can get society will be. schools do not work. Designed, publicly your child into the school you think is Mr. KILDEE. Mr. Speaker, I yield 4 accountable schools, which parents best for them. But if you are poor and minutes to the gentlewoman from agree should be the alternative that you cannot move, you have no choice. Texas (Ms. JACKSON-LEE). they want. And if there is not a charter school in (Ms. JACKSON-LEE of Texas asked This is still America. This is still a your particular neighborhood, you do and was given permission to revise and democracy. Nothing is felt more deeply not have any choice. You are stuck, extend her remarks.) than who decides how a person’s child stuck and condemned to an education Ms. JACKSON-LEE of Texas. Mr. will be educated. It was wrong for this that will never help lift you out of pov- Speaker, I thank the distinguished gen- Congress to decide for us rather than erty and never give you a chance at the tleman for yielding me this time, and I to decide on the alternative you now American dream. want to also thank the gentleman from come to the floor to embrace. That is why other forms of choice, I Michigan (Mr. KILDEE) for his years of Mr. Speaker, I very much thank the think, are important. That is why I and service and commitment to education, gentleman for yielding me this time. others were involved in helping the not only of the children in his district Mr. PORTER. Mr. Speaker, I yield mayor here in the District of Columbia but those in America. Mr. Speaker, I was moved by the ac- such time as he may consume to the and other parents here in the District counting and recounting by the gentle- gentleman from Ohio (Mr. BOEHNER). who wanted a scholarship program. We woman from the District of Columbia, Mr. BOEHNER. Mr. Speaker, I appre- provided $15 million to help some low- particularly because of her leadership ciate the gentleman once again yield- income children get into a private on these issues regarding the educating ing me this time, and I am glad that school and it has helped. It has helped of the children in this district, but I our friend from D.C. was here to honor about 1,100 children here in the District rise to speak of the climate in Texas. the contributions of charter schools, in giving them another option. I think, And I might say that my children have because clearly here in D.C. charter frankly, it is a good option. been in both private and public schools. schools have had a significant impact I was at two of those schools this As I listened to the distinguished on providing educational opportunities morning. I was at St. Francis DeSalles chairman of the Committee on Edu- for children who, in many cases, are Elementary School, and I was at St. cation and the Workforce, I would sim- stuck in some very, very bad schools. Anthony’s Elementary School, both ply say that much of what he has said Now, I appreciate the support of the over in the northeast part of town; and I agree with, and that is that all of us charter schools week resolution by my both schools, part of the 13 schools that would want to emphasize the excel- friend from D.C., but let me try to an- make up the city’s Center Consortium. lence of education for our children and swer part of the charges that were out- These are 13 very poor Catholic schools no one is condemning private schools. lined in terms of her opposition to here in the District, who I have been The simple statement is, however, that other forms of school choice. involved with over the last few years to the public school system was the We know that in our large urban cen- help raise them private money to help underpinnings of the founding of this ters, we have a difficult time educating provide scholarships, to help keep Nation and has made us the great Na- low-income children who need our help those schools open in those very poor tion that we are today; that private the most. No place is more evident neighborhoods. Last week, I visited schools, obviously, welcome and de- than right here in the District of Co- four schools in the southeast part of serve our private funding and our sup- lumbia, where we spend over $13,000 per town, in Anacostia. I did not realize port and encouragement. But charter student and have some of the worst Anacostia was as large as it is, but it is schools, which we congratulate today, schools in all of America. We have very large and it is very poor. and public schools, stand as entities similar problems in other large urban And the fact that those schools are which we can account for and which districts and, clearly, charter schools there provide more children more can be accountable to the taxpayers. have been an opportunity for some stu- choices, more opportunities to have a I want to congratulate charter dents to escape these dreadful schools chance. I saw kindergartners this schools in my district, the KIPP and have a chance. morning reading at a first-grade level School, the Knowledge is Power Pro- All of us know that without a chance at both of these Catholic elementary gram; the 3D Academy, a school that at a decent education, none of us would schools. Yes, they have some students emphasizes the ‘‘Yes I Can’’ innovative be here, but without a decent edu- that are there because they get D.C. approach to education, which has been cation, many of those children will scholarships; others are there because making a significant impact on edu- never ever have a chance at the Amer- of the generosity of an awful lot of peo- cation across the Nation. The Domin- ican dream. I have always believed if ple who want to keep these schools ion Academy, which teaches children we are to reform education in America, open and provide a choice for those from first to eighth grade about busi- if we are going to give every child and parents and those students. ness and capitalism and other ways of every parent of a child a chance at a It is this competition from the public financing and investing in America; good education, the way to do that is schools, the charter schools, the pri- and then the WALIPP Boys Academy to provide more choices and more op- vate schools that I believe will make that focuses on young men, African- tions for parents around the country so our school system better and will help American men, to teach them con- that they can choose schools that they all of them. Growing up in sports and fidence and character and integrity. believe are in their best interest. growing up in a large family, I know a But yet the charter schools in our com- In some communities, charter little about competition, and competi- munity in Texas are accountable. schools might be the answer. Here in tion makes all of us better. I believe And, frankly, that is the difference the District of Columbia, clearly they that the increased competition we are and the distinction between the ques- are growing. Dayton, Ohio, part of my seeing in the provision of an education, tion of vouchers and charter schools congressional district, probably has especially in the K through 12 arena, and public schools. In my district right more charter schools per capita than has in fact made all of education bet- now, Mr. Speaker, we have the leader- any large urban center in America. ter. ship of our school district, the Houston And it is providing a very good oppor- Do we have a long way to go? We cer- Independent School District, sug- tunity for students to escape the Day- tainly do, but I believe that charter gesting that three schools need to be ton public schools and enter the char- schools are playing an integral role in closed, three schools with enormous ter school of their choice. providing that competition. I think pa- history, two of them happen to be But it should not be the only choice. rochial schools, private schools, and Kashmir High School and Yates High There are a lot of parochial schools, Christian schools play a role in that School. These are two of our oldest private schools, Christian schools all competition as well. The more we can schools in the African-American com- over America that parents want to do to encourage parents to have more munity.

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During my visit to KIPP 3D Brunswick Charter School in Middlesex Coun- schools, with all the richness of his- Academy, I was able to see their substantial ty will be the subject of a documentary film tory, all the outstanding alumni, all progress with their students, and how their that will feature the middle school students those individuals who are doctors and strict curriculum embodied their slogan that who have worked hard to develop a class lawyers and teachers and leaders of the Knowledge is Power. project based on the Buck Institute’s model for community, and business persons who Nearly 3,000 charter schools are now oper- project based learning. This documentary will would want to invest back into the ating in 37 States, the District of Columbia, be produced in conjunction with the Buck Insti- public school that they graduated and the Commonwealth of Puerto Rico and tute for Education, the Rutgers University Cen- from, and yet our district is talking of serving 750,000 students. ter for Media Studies, and the George Lucas closing them or privatizing them. Charter schools improve their students’ Education Foundation. The documentary will That is why we need to speak about achievement and stimulate improvement in be available online through the George Lucas excellence and congratulate today the traditional public schools. They also give par- Education Foundation website. charter schools, because they have ents new freedom to choose their public I applaud the students, teachers, administra- taken the resources and they are ac- school, charter schools routinely measure pa- tors and parents of charter schools for all of countable and they teach in a unique rental satisfaction levels, and charter schools their hard work and commitment to the edu- way, each of them with their own defi- must prove their ongoing success to parents, cational community of charter schools. Charter nition and character, and they are edu- policymakers, and their communities. schools continue to grow in number in New cating our children and they are ac- Charter schools nationwide serve a higher Jersey and across the country, offering stu- countable. Likewise, the public school percentage of low-income and minority stu- dents an exceptional educational opportunity system must be accountable as well. dents than the traditional public system. These with room for innovation and development. Our independent school district in schools have enjoyed broad bipartisan support Mr. KILDEE. Mr. Speaker, I have no Houston must be accountable to these from the Administration, the Congress, State further requests for time, and I yield historic schools. I visited one of these Governors and legislatures, educators, and back the balance of my time. schools yesterday. I had two of the parents across the United States. Mr. PORTER. Mr. Speaker, I have no schools with me on Friday afternoon. The sixth annual National Charter Schools further requests for time, and I yield They have school pride. They are wear- Week is this week. This event is sponsored by back the balance of my time. ing their uniform. They have band uni- charter schools and grassroots charter school The SPEAKER pro tempore (Mr. forms. It may not be perfect, but these organizations across the United States to rec- BOOZMAN). The question is on the mo- kids want to succeed. And it is impor- ognize the significant impacts, achievements, tion offered by the gentleman from Ne- tant to note, Mr. Speaker, that these and innovations of charter schools. I am vada (Mr. PORTER) that the House sus- children I met with, Kashmir High pleased to join my colleagues in the House of pend the rules and agree to the resolu- School and Yates High School and Sam Representatives to acknowledge and com- tion, H. Res. 218. Houston that is in the District of my mend charter schools and their students, par- The question was taken; and (two- good friend and colleague, the gen- ents, teachers, and administrators across the thirds having voted in favor thereof) tleman from Texas (Mr. GREEN), that United States for their ongoing contributions to the rules were suspended and the reso- these youngsters have the desire to education and improving and strengthening lution was agreed to. learn and they have applauded those our public school system. A motion to reconsider was laid on who are working with them, their Mr. HOLT. Mr. Speaker, I rise in support of the table. teachers and principals. So I am asking H. Res. 218, supporting the sixth annual Na- for an opportunity to be given to them tional Charter Schools Week and honoring the f to learn. That is a public school. outstanding achievements charter schools But today, I stand on the House floor have made. HONORING THE LATE PLAY- congratulating charter schools because As a former educator, I understand the im- WRIGHT ARTHUR MILLER AND they work simultaneously and parallel portance of charter schools. These schools THE UNIVERSITY OF MICHIGAN with our public schools. They are a are educational laboratories, as they allow stu- ON ITS INTENTION TO BUILD A wonderful fit and they give parents the dents to learn and grow in a non-traditional THEATRE IN HIS NAME opportunity to increase the excellence sense. Charter schools are an alternative to Mr. EHLERS. Mr. Speaker, I move to of their children. I believe that our public schools that allow for trial, experimen- suspend the rules and agree to the reso- only challenge is to reaffirm excellence tation and development. With a freedom to lution (H. Res. 216) to honor the late in education in America and to educate employ innovative techniques, charter schools, playwright Arthur Miller and the Uni- our children, because they are not only year after year, continue to provide academic versity of Michigan for its intention of our future, they are our todays. excellence and prepare our youth for higher building a theater in his name, as Mr. Speaker, I am pleased to be here today education, the workforce and their future. amended. to speak about the benefits of charter schools The State of New Jersey has 52 approved The Clerk read as follows: and their ability to deliver high-quality edu- charter schools. These schools serve nearly H. RES. 216 14,000 students statewide in pre-kindergarten cation and challenge our students to reach Whereas Arthur Miller was considered a their potential. Charter schools provide thou- through 12th grade. In 2004, 16 applications legend during the vaunted period known as sands of our families with diverse and innova- were filed in New Jersey for new charter Broadway’s Golden Age, earning him a celeb- tive educational options for their children. schools with hopes of openings in 2005 and rity status that few playwrights would ever I have had the pleasure to visit a charter 2006. Many of these applications are for realize; school in my district, KIPP 3D Academy. KIPP schools in some of New Jersey largest cities, Whereas, as noted upon his death by The stands for Knowledge is Power Program, and including Newark, Camden and Jersey City. Michigan Daily, the student newspaper this is an innovative approach to education My district is fortunate enough to have eight where Arthur Miller honed his writing, Mil- which has been making a significant impact all exceptional charter schools that offer students ler was twice denied admission to the Uni- versity of Michigan, and gained admittance over the country. Charter Schools are a a diverse educational opportunity, rigorous only after appealing directly to the Dean; unique opportunity for students to access curricula, and an outstanding learning environ- Whereas in 1949, at the age of 33, with his other methods of education, and after visiting ment. play ‘‘The Death of a Salesman’’, Arthur with the 3D Academy students, I can see how One of these schools, the Princeton Charter Miller seized all major drama awards for the excited they are for learning. Charter schools School in Mercer County became the first year—the Pulitzer Prize, the Tony, and the are public schools authorized by a designated charter school accredited by the American New York Drama Critics Award; public entity and are responding to the needs Academy of Liberal Education in April of 2002. Whereas Arthur Miller’s plays, books, es- of our communities, families, and students and In addition to this esteemed recognition, the says, and articles touched the moral fabric of a nation; promote the principles of quality, choice, and Princeton Charter School was also recently Whereas, according to Robert Falls, Artis- innovation. named a No Child Left Behind Blue Ribbon tic Director of Chicago’s Goodman Theatre, In exchange for the flexibility and autonomy school. This award is given to schools that ‘‘Probably not a day goes by that, some- given to charter schools, they are held ac- meet the national goals and high standards of where in the world, one of Miller’s plays isn’t countable by their sponsors for improving stu- educational excellence. being performed.’’;

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2757 Whereas during his extraordinary life and the American stage. Throughout his his great works, including ‘‘Death of a career, Arthur Miller tapped a social con- life, he overcame much adversity, and Salesman,’’ ‘‘The Crucible’’ and ‘‘A science that will see his work live as long as this struggle played out through his View From the Bridge.’’ there is an American Theatre; many works. This remarkable man and his re- Whereas his courageous response to the McCarthy era witch-hunts of the 1950’s was After graduating from high school in markable work really took root at the ‘‘The Crucible’’, where his carefully tailored 1932, Miller worked in an auto-parts University of Michigan. At age 19 when character John Proctor refused to name warehouse to earn money for college. he came to Michigan, he began to real- names and ultimately died for his convic- Reading great novels by world-famous ize his dream was to become a writer. tions; authors, Miller decided to become a Miller won two of the University of Whereas Arthur Miller’s success did not writer. In order to follow this passion, Michigan’s prestigious Avery Hopwood come easy and was born of hard work and an he applied to the University of Michi- Awards while attending the University. uncanny ability to translate the human con- gan in 1934 to study journalism. Iron- Michigan and the entire university dition on to the American stage; and Whereas Arthur Miller’s first plays were ically, the university initially denied were happy to call Arthur Miller one of written at the University of Michigan and admission to Miller because of his less- our most distinguished citizens and earned him two Avery Hopwood awards than-stellar high school career. He alumni. which enabled him to complete his edu- failed algebra three times in high Madam Speaker, I wanted to thank cation, that same University now prepares to school. (And, of course, that stabs me the gentleman from Michigan (Mr. honor his memory with the Arthur Miller right in the heart as a scientist!) He SCHWARZ) for introducing this resolu- Theatre: Now, therefore, be it gained admittance only after appeal to tion. The University of Michigan de- Resolved, That the House of Representa- the dean. After being accepted, how- serves recognition for naming a theater tives— after this great American. We would be (1) recognizes the extraordinary contribu- ever, Miller thrived at the university tions to American literature and American and won two of the university’s pres- remiss, however, if we did not also rec- theatre of Arthur Miller; tigious Hopwood Awards for his play- ognize the contributions Arthur Miller (2) honors Arthur Miller as a great Amer- writing. made to our country and to the world. ican and pioneer in the annals of American After graduating in 1938, Mr. MILLER I urge Members to support this resolu- history; and returned to New York and launched his tion. (3) commends the University of Michigan career. His first successful play was in Madam Speaker, I reserve the bal- for its commitment to build the Arthur Mil- 1947 when ‘‘All My Sons’’ ran for 328 ance of my time. ler Theatre, a fitting monument to one of its performances on Broadway. In 1949, Mr. EHLERS. Madam Speaker, I most distinguished alumna. Miller won international recognition yield 5 minutes to the gentleman from The SPEAKER pro tempore. Pursu- and a Pulitzer Prize by producing his Michigan (Mr. SCHWARZ), my distin- ant to the rule, the gentleman from most famous work, ‘‘Death of a Sales- guished colleague. Michigan (Mr. EHLERS) and the gen- man,’’ which is known as one of the Mr. SCHWARZ of Michigan. Madam tleman from Michigan (Mr. KILDEE) major achievements of modern-day Speaker, I commend my colleague from each will control 20 minutes. theater. The story portrays the tragedy Flint, a fellow University of Michigan The Chair recognizes the gentleman of Willy Loman, a salesman living graduate, and also another gentleman from Michigan (Mr. EHLERS). around the time of World War II, who from Michigan (Mr. EHLERS). GENERAL LEAVE fails in pursuit of the American Dream. ‘‘After the Fall,’’ ‘‘All My Sons,’’ Mr. EHLERS. Mr. Speaker, I ask The powerful story is still well known ‘‘Death of a Salesman,’’ ‘‘The Cru- unanimous consent that all Members and read today. cible,’’ ‘‘Anatomy of the People,’’ ‘‘A may have 5 legislative days in which to Throughout his successful career, View From the Bridge,’’ ‘‘The Misfits,’’ revise and extend their remarks on H. Miller maintained his connection to ‘‘Incident at Vichy,’’ ‘‘The Arch- Res. 216, the resolution now under con- the University of Michigan. He often bishop’s Ceiling,’’ ‘‘Two-Way Mirror,’’ sideration. visited to meet and work with students ‘‘The Last Yankee’’ and innumerable The SPEAKER pro tempore. Is there in the theater program. The university other works by Arthur Miller, a distin- objection to the request of the gen- awarded him an honorary Doctor of guished graduate of the University of tleman from Michigan? Humane Letters in 1956, and Miller Michigan. There was no objection. worked with the Alumni Club of New As an individual in the House whose district almost comes up to Ann Arbor, b 1500 York to establish the Arthur Miller Award for aspiring writers. In 2000, Mil- I think I can safely say I represent also Mr. EHLERS. Mr. Speaker, I yield ler sent a simple postcard to the uni- the sentiments of the dean of House, myself such time as I may consume. versity allowing it to name a theater the gentleman from Michigan (Mr. DIN- Mr. Speaker, I rise today in support after him. GELL), who represents Ann Arbor, in of House Resolution 216, which honors Therefore, it is fitting that Arthur supporting this resolution. the great American playwright Arthur Miller’s lasting contributions as a Arthur Miller was like many stu- Miller, and also honors the University playwright and author will be forever dents who come to University of Michi- of Michigan for building a theater in remembered through the Arthur Miller gan, especially in that era. They came his name. I thank the gentleman from Theater. It is my pleasure to commend from the eastern part of the United Michigan (Mr. SCHWARZ) for his work the University of Michigan for hon- States, came from families that did not on this resolution, and I recognize his oring his memory and impressive ac- have a great deal of wealth, and were contributions to the University of complishments. I urge my colleagues extremely hard workers. As alluded to Michigan and its alumni association. to support this resolution. by the gentleman from Michigan (Mr. As a talented and brilliant play- Madam Speaker, I reserve the bal- KILDEE) and the gentleman from Michi- wright, Arthur Miller was a legend of ance of my time. gan (Mr. EHLERS), Arthur Miller had an his time. Most widely known for his Mr. KILDEE. Madam Speaker, I yield extremely successful career at the uni- work ‘‘Death of a Salesman,’’ Miller myself such time as I may consume. versity winning the Hopwood Award, enjoyed a successful career and earned Madam Speaker, H. Res. 216 cele- an award given to students for the best great celebrity status. Miller’s signifi- brates the life of one of the greatest writing, two times at the university. cant contribution to theater and soci- playwrights of all time. In addition, He graduated and wrote for the Federal ety at large can be felt even today. Ac- this resolution rightly recognizes the Theater Project; and after World War cording to Robert Falls, director of University of Michigan for naming a II, he wrote and his magna opus was Chicago’s Goodman Theater, ‘‘Not a theater after this great American. performed on Broadway, ‘‘Death of a day goes by that, somewhere around Arthur Miller was a Pulitzer Prize Salesman.’’ the world, one of Miller’s plays is not winner; a recipient of the New York Subsequent to that, Miller wrote being performed.’’ Drama Critics Circle Award; the Na- many plays, some made into moving Miller’s fame, however, did not come tion’s most distinguished recognition pictures, some performed on Broadway. without hard work and an ability to for the arts, the Kennedy Center Hon- It is indeed, as the gentleman from translate the human condition onto ors. He enriched our country through Michigan (Mr. EHLERS) indicated, a

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2758 CONGRESSIONAL RECORD — HOUSE May 3, 2005 very rare day when somewhere in the sulates the spirit of that era. It was (1) honors the significant contributions of world an Arthur Miller play is not per- very tough times in the 1930s after the Vietnamese Americans to the richness, di- formed. Great Depression, yet everyone helped versity, and success of American society; As a means of saluting Mr. Miller, each other, and that is how we as a Na- (2) observes the 30th anniversary of the large exodus of refugees from Vietnam when then-president of the University of tion survived and became the great Na- the Republic of Vietnam fell to the Com- Michigan, now president of Columbia tion we are today. munist forces of North Vietnam; University, Lee Bollinger, had the idea I have many personal differences (3) supports all individuals taking part in that we should build a theater on the with Mr. Miller and his stance and po- events in Washington, D.C. and across the University of Michigan campus and sition on various issues, but I think it United States to commemorate these mo- name it after Arthur Miller. And as the is appropriate to recognize genius when mentous events in world history; gentleman from Michigan (Mr. EHLERS) and where it exists, and it is certainly (4) honors the memory of those Vietnamese indicated, Arthur Miller, by a postcard appropriate for us to honor him today. who lost their lives in that refugee exodus; and to the university, said yes, that would Therefore, I urge my colleagues to (5) urges all citizens of the United States be okay. adopt this resolution honoring Mr. Mil- to share in remembering these events and So in March 2005, following Mr. Mil- ler and the University of Michigan for working toward the full realization of free- ler’s death at the age of 88, the regents its role in naming a theater after him. dom, democracy, and equality for all the of the University of Michigan approved Madam Speaker, I yield back the bal- people of Vietnam. plans to build the Arthur Miller The- ance of my time. The SPEAKER pro tempore. Pursu- ater, a 250-seat performing venue on The SPEAKER pro tempore (Mrs. ant to the rule, the gentleman from the campus of the University of Michi- BIGGERT). The question is on the mo- Nebraska (Mr. FORTENBERRY) and the gan; and this resolution honors the late tion offered by the gentleman from gentleman from California (Mr. LAN- Arthur Miller and the University of Michigan (Mr. EHLERS) that the House TOS) each will control 20 minutes. Michigan, Mr. Miller for his contribu- suspend the rules and agree to the reso- The Chair recognizes the gentleman tions to American theater, and the lution, H. Res. 216, as amended. from Nebraska (Mr. FORTENBERRY). University of Michigan, I think, for The question was taken; and (two- GENERAL LEAVE playing a part in educating Mr. Miller thirds having voted in favor thereof) Mr. FORTENBERRY. Madam Speak- and in recognizing the fact that he in- the rules were suspended and the reso- er, I ask unanimous consent that all deed was America’s greater playwright lution, as amended, was agreed to. Members may have 5 legislative days of the 20th century. A motion to reconsider was laid on within which to revise and extend their Mr. KILDEE. Madam Speaker, I have the table. remarks and include extraneous mate- no further requests for time, and I f rial on the resolution under consider- yield back the balance of my time. ation. Mr. EHLERS. Madam Speaker, I OBSERVING 30TH ANNIVERSARY The SPEAKER pro tempore. Is there yield myself such time as I may con- OF FALL OF THE REPUBLIC OF objection to the request of the gen- sume. VIETNAM TO THE COMMUNIST tleman from Nebraska? Madam Speaker, I would just like to FORCES OF NORTH VIETNAM There was no objection. make a few closing comments. I was Mr. FORTENBERRY. Madam Speak- struck by the fact that Mr. Miller Mr. FORTENBERRY. Madam Speak- er, I move to suspend the rules and er, I yield myself such time as I may spent some time working in an auto- consume. parts warehouse. There must be some agree to the resolution (H. Res. 228) ob- serving the 30th anniversary of the fall Madam Speaker, I would like to first relationship between that and the Uni- start by thanking the gentleman from versity of Michigan because my young- of the Republic of Vietnam to the Com- munist Forces of North Vietnam, as Virginia (Mr. TOM DAVIS) for intro- est son also spent some time working ducing this timely resolution honoring at an auto-parts warehouse because he amended. The Clerk read as follows: the contributions of Vietnamese Amer- did not intend to go to college or a uni- icans to American society over the H. RES. 228 versity. After a short time, he decided past 3 decades. to go to college and today is a faculty Whereas the Vietnamese who resettled in the United States after the events of April This past week marked the 30th anni- member in geophysics at the Univer- versary of the fall of Saigon, a tragic sity of Michigan. So for those wishing 1975 have, through perseverance and hard work, been able to rebuild their lives and anniversary on many levels. Those to succeed at the University of Michi- form a vibrant community across the United events signified the fall of the Republic gan, they may consider starting to States, nearly a million and a half strong, of Vietnam to the Communist forces of work at an auto-parts warehouse. which contributes in many significant ways North Vietnam, and also marked the I also want to recognize the impor- to the richness and diversity of American so- start of several successive waves of tance of the preeminent play that Mr. ciety; people fleeing their homeland in a ref- Miller wrote, ‘‘Death of a Salesman.’’ Whereas the large flow of refugees to the United States and elsewhere was caused by ugee exodus that ultimately involved Very few works of the theater or cin- millions of Vietnamese. Of those who ema have affected me as much as that, the fall of the Republic of Vietnam to the Communist forces of North Vietnam in April fled as boat people in the late 1970s, simply because it struck me as some- 1975, resulting in a world refugee crisis of countless thousands died at sea. one who is a generation removed from historic proportions, the exodus of millions The resolution before us honors the the time of that particular play. I was of Vietnamese, and hundreds of thousands of memory of those victims as well as the just astounded at the generosity of deaths at sea; many sacrifices made by the Armed Willy Loman’s neighbor who recog- Whereas since 1975, Vietnamese Americans Forces of the United States and of nized that Willy was in trouble, tried have worked tirelessly to promote freedom South Vietnam during the Vietnam and democracy in Vietnam; to help him, and every once in awhile Conflict. But more centrally, the reso- would slip him $20 and say, ‘‘Do not Whereas the United States honors all members of the United States Armed Forces lution honors the significant contribu- worry about repaying it. Whenever you and members of the South Vietnamese forces tions of Vietnamese Americans to the get it, just give it back to me.’’ who fought in the Vietnam conflict, includ- richness, diversity, and success of What struck me about that was there ing those individuals who gave the ultimate American society. was no widespread social network in sacrifice, their lives, for the cause of freedom those days, and people depended on during such conflict; and b 1515 their neighbors. This is something we Whereas the interests of the United States Adversity reveals the mettle of a peo- have lost today. Handing a neighbor $20 with respect to the Socialist Republic of ple. The hundreds of thousands of Viet- in the 1930s and early 1940s is equiva- Vietnam will be best served when the Viet- namese who braved those cir- lent to handing them more than $100 namese people fully enjoy the exercise of cumstances to relocate in the United their basic human rights regardless of poli- today; and how many of us would cas- tics, religion, gender, or ethnic origin: Now, States have since grown into a vibrant ually slip $100 to a neighbor and say, therefore, be it American community nearly 1.5 mil- Here, do not worry about it, just pay it Resolved, That the House of Representa- lion strong. In addition to thriving in back when you can. I think that encap- tives— their newfound homeland, Vietnamese

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2759 Americans have also worked tirelessly and no one questioned his loyalty. He I hope that my colleagues will work in their attempts to realize freedom believed in what the United States was with me and with the Vietnamese com- and equality for all people in Vietnam, doing against terror and so do we. None munity of the United States to work an ideal that remains a work in of us who knew Andrew will ever forget on the human rights issues still left progress. him.’’ there in Vietnam. They came here be- This week, many Americans are Madam Speaker, our condolences go cause they were seeking freedom and gathering in Washington, D.C., and out to Andrew’s family as does our liberty. We fought and we lost 58,000 elsewhere to commemorate the events great appreciation for his willingness Americans in that war trying to find of 30 years ago. Thus, it is a particu- to serve our Nation. freedom and liberty. I hope we will con- larly fitting time for all Americans to Vietnamese Americans are increas- tinue as Americans to fight for freedom join them in remembering the hard- ingly part of the fabric of American so- and liberty. ships and accomplishments of the past ciety, working hard, caring for their Mr. FORTENBERRY. Madam Speak- as well as our shared hopes for the fu- families, and giving back to their er, I yield such time as he may con- ture. For these reasons, House Resolu- adopted homeland. Our resolution rec- sume to the gentleman from California tion 228 deserves our unanimous sup- ognizes the evolution of the Viet- (Mr. ROYCE). port. namese-American community and Mr. ROYCE. Madam Speaker, I rise Madam Speaker, I reserve the bal- their lasting contributions to our en- in support of this resolution honoring ance of my time. tire Nation. the contributions of Vietnamese Amer- Mr. LANTOS. Madam Speaker, I Madam Speaker, I am delighted to icans to American society over the yield myself such time as I may con- yield 3 minutes to the gentlewoman past 3 decades. After the events of sume. from California (Ms. LORETTA April 1975, many brave Vietnamese mi- I rise in strong support of this resolu- SANCHEZ). grated to the United States. Through tion. At the outset, I would like to Ms. LORETTA SANCHEZ of Cali- perseverance and hard work, they re- commend the gentleman from Virginia fornia. Madam Speaker, I thank the built their lives to form a vibrant com- (Mr. TOM DAVIS) for introducing this gentleman from California for yielding munity across this country. important resolution and the gen- me this time. I take great pride in representing a tleman from Nebraska (Mr. I rise today in support of House Reso- part of Orange County’s thriving Viet- FORTENBERRY) for ably managing it on lution 228, which marks the 30th anni- namese-American community, and I the floor. versary of the fall of Saigon. Last have witnessed the community’s Madam Speaker, 30 years ago, the weekend, thousands of Vietnamese growth over the years. There are now fall of South Vietnam caused a refugee Americans from across the country more than 3,500 Vietnamese-American- crisis of enormous proportions. Three came to Washington for the Vietnam owned businesses straddling the cities million Vietnamese fled their home- Freedom March. This event celebrated of Garden Grove, Santa Ana and West- land, with more than 1.5 million ulti- the freedom and the heritage of the Vi- minster. Little Saigon is no longer mately arriving in the United States. etnamese-American community, hon- ‘‘little.’’ It is the cultural and commer- While a few left from the top of the ored the sacrifices of American and Vi- cial capital for close to 300,000 Viet- U.S. Embassy in helicopters in the hur- etnamese veterans, and highlighted the namese Americans, the largest con- ried rush at the end of the war, mil- desperate need for freedom and basic centration outside Vietnam. lions were loaded with their families human rights in Vietnam today. I am I have seen the community grow not onto rickety, overcrowded boats to flee proud to have been an honorary cohost only economically but politically as Vietnam for freedom. of this event, along with over 20 of my well. Van Tran, who used to work for The resolution before us observes the House colleagues, and I look forward to me in the State senate, has now been 30th anniversary of this huge exodus of the support of this entire body for the elected to the State assembly, the refugees from Vietnam and honors the resolution in today’s vote. As the con- highest Vietnamese American elected significant contributions made by Viet- gressional representative of the largest to public office. Rightly, these Viet- namese Americans after their arrival Vietnamese community outside of namese Americans are focused on pro- in the United States. Vietnam, it is a great privilege to bring moting democratic ideals in Vietnam. Madam Speaker, we are a Nation of this legislation to the floor today on The U.S. must be a strong advocate of immigrants, and Vietnamese Ameri- their behalf. human rights, particularly when basic cans have warmly embraced the values Madam Speaker, the gentleman from freedoms are being wantonly dis- and ethics of previous immigrant gen- California is right. The Vietnamese regarded as they are in Vietnam. We erations: hard work, education, an em- community here in America has done must continue to shine a light on re- phasis on family, and a strong embrace an incredible job. They are hard work- pression in that country. of our democratic system. Many Viet- ers, they are business owners, they are I am sorry to say that in the 30 years, namese Americans arrived with little in the top universities, they are get- not much has changed in Vietnam. Not more than the clothes on their back ting educated, they are beginning the much has changed since the Com- and have made new, prosperous lives political process, having now been munists launched their disastrous So- for themselves here in the United elected in many of the areas, in Orange cialist Republic of Vietnam because po- States. Vietnamese Americans have be- County and also in Texas, and, I be- litical, religious and economic free- come astronauts, television anchors, lieve, in Virginia. doms have been systematically NFL football players, attorneys gen- It is great to see the strides that they squashed. This is a government that eral and software entrepreneurs. They have made as an immigrant commu- continues to deny citizens of Vietnam have made significant contributions to nity here in the United States. But the the right to change their government. our society and to our culture, and truth of the matter is that the people, When I visited Vietnam, I saw first- their positive influence on our Nation especially people back in Orange Coun- hand the Communist Party’s harass- will continue to grow. ty and around here that are Viet- ment of those Vietnamese citizens who Vietnamese Americans have also namese Americans, are still worried decided to peacefully set forth dis- made the ultimate sacrifice for their about the situation in Vietnam. We senting political and religious views. newly adopted Nation. On March 22, know that the people of Vietnam awak- When I met with the venerable Thich 2004, Marine Lance Corporal Andrew en every day under a very harsh and re- Quang Do and Le Quang Liem, I was Dang was killed by enemy fire while on pressive regime, and events such as the immediately denounced by that Com- patrol near Ramadi in Iraq. Andrew Vietnam Freedom March remind those munist government. joined the Marines about a month after of us here in Washington that even 30 But I must share with you that there the start of the war in Iraq and was as- years after the fall of Saigon, there re- is a strategy that is working to bring signed to Camp Pendleton in my home mains much to be done before the Viet- information to Vietnam. Radio Free State of California. After his death, a namese people can enjoy the freedom Asia is an effective tool listened to fellow Marine wrote about Andrew, and and the liberty that we here in Amer- across the country. I have carried leg- I quote, ‘‘Everyone could count on him ica often take for granted. islation to expand those broadcasts.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2760 CONGRESSIONAL RECORD — HOUSE May 3, 2005 But I would share with you in my con- respecting opposition and, of course, They live at Bellaire. They have a versations with Vietnamese that in the freedom and civil liberties. Unfortu- Vietnam town there. One can find Viet- same way that Lech Walesa in Poland nately, the citizens of Vietnam must namese shops and restaurants, places listened to those radio broadcasts and still endure arbitrary arrests, deten- of worship, but I will say they are very in the same way the members of soli- tions without trial and the censorship welcoming. 900 AM is Radio Saigon in darity had a chance to have their story of peaceful expressions of political and Houston. They believe in being part of told across Poland, in the same way religious beliefs. These practices are this Nation. that Vaclav Havel used to tune into not uncommon because they are writ- On April 30, 1975, the Republic of Radio Free Europe, Radio Liberty ten into the national constitution. Spe- Vietnam fell to the Communist forces; broadcasts, today people across South- cifically, article 4 of the constitution but now we are standing to say that east Asia, in Burma and in Vietnam of the Socialist Republic of Vietnam even as it fell, it yielded 3 million refu- have that same opportunity to listen ensures the supremacy of the Viet- gees, at least 500,000 individuals who to the news not only about what is hap- namese Community Party as the only died at sea trying to escape from dan- pening in the world but what is hap- political party in the country. At the ger, but they came to the United pening inside their own country, and same time, the government continues States and they stand together as free that is shaping the values and the atti- to enforce an extra-legal administra- and united. tudes and the knowledge of a new gen- tive decree to detain or place under I congratulate the community, and I eration of young Vietnamese. house arrest any dissidents or civilians thank the distinguished ranking mem- The Vietnamese-American commu- for up to 2 years, without trial, under ber for his leadership also. nity has not lost sight of the struggle the pretext of endangering national se- I rise today as a cosponsor of H. Res. 228, in their original homeland for freedom, curity. which observes the 30th anniversary of the fall for religious freedom, for freedom of That is why, Madam Speaker, I have of the Republic of Vietnam to the Communist speech, even for the right of young peo- been concerned about establishing forces of North Vietnam. In addition, this reso- ple to sit down in an Internet cafe and trade relations that has not answered lution honors the contributions of Vietnamese have a dialogue without censorship. the question of the freedom of people in Americans to American Society over the past They are a part of this effort to make parts of Vietnam and particularly in three decades. Truly, the Vietnam War has certain that those ideals stay alive so the Communist areas. I also believe it had a lasting impact on our Nation and indeed that in the same way that eastern Eu- is important to stand up to demand the world in the 30 years since it ended. rope came to evolve into a democratic, that those who have been incarcerated The nation of Vietnam today is showing market-oriented, tolerant society, that and detained are released and to say to signs of economic revival. Much like China, there will be that opportunity in the those who are here, the Vietnamese Vietnam is realizing that market reforms that future for Vietnam. community, that we stand with them are more open and free can yield greater fis- In the meantime, this resolution in order to ensure the reuniting of cal growth and development. However, much commends the success of the Viet- their family members, many of them like China, Vietnam must also take the same namese-American community. I thank separated now for decades. approach of open opposition and freedom for the gentleman from Virginia (Mr. TOM its civil liberties. Unfortunately, the citizens of DAVIS) and the other cosponsors of this b 1530 Vietnam must still endure arbitrary arrests, de- resolution and urge its passage. But that has not stopped the Viet- tentions without trial, and the censorship of Mr. LANTOS. Madam Speaker, I am namese community in Houston, in peaceful expressions of political and religious pleased to yield 4 minutes to the gen- Texas, and around the Nation from beliefs. these practices are not uncommon be- tlewoman from Texas (Ms. JACKSON- being strong advocates and supporters cause they are written into the nation Constitu- LEE). of their individual communities. They tion. Specifically, Article 4 of the Constitution (Ms. JACKSON-LEE of Texas asked are business persons, they are artists, of the Socialist Republic of Vietnam ensures and was given permission to revise and they are teachers, they are community extend her remarks.) the supremacy of the Vietnamese Communist leaders. Ms. JACKSON-LEE of Texas. Madam Party as the only political party in the country. I want to thank the community in Speaker, I thank the ranking member At the same time the government continues to Houston for raising over $100,000 and very much for yielding me this time enforce an extra-legal administrative decree to coming to the aid of the victims of the and the sponsor of this legislation and detain or place under house arrest any dis- tsunami by working with Houston’s my colleagues, because I believe that sidents or civilians for up to 2 years, without we come unanimous to the floor to ac- Solution for Tsunami Relief. I would trail, under the pretext of ‘‘endangering na- knowledge the 30th anniversary of the like to acknowledge their artistic ac- tional security.’’ As a Member of Congress I fall of the Republic of Vietnam to, un- tivities by saluting the Vietnamese have always stood for human rights and these fortunately, the Communist forces, but Dance Company, saluting the first Vi- practices go against all tenants of good gov- to stand tall with the resolved in Viet- etnamese who was elected to the State ernance. Truly, any nation in this era that nam that fought steadfastly against legislature in the last election, and of hopes to have its place in the international those forces and to applaud the Viet- course to salute those individuals who community must maintain proper standards in namese community which I have the befriend and take care of their senior human rights. opportunity of interacting with and, of citizens. They have one of the best citi- I am proud to recognize the achievements course, working with in my own com- zens programs for many of these elder- of Vietnamese Americans in the 3 decades munity of Houston. ly Vietnamese citizens who do not since the end of the Vietnam War. I am proud I am proud to be an original cospon- speak the language because they came to say that the City of Houston is home to sor of this legislation and to have sup- to this country way after the prime of about 160,000 Vietnamese, who have main- ported the recent event this past week- their life, but there is no more group tained an active and vibrant community. In the end commemorating the contributions that loves freedom as much as the Vi- Southwest Houston Area at Bellaire Street, and, of course, the commitment of the etnamese community. And my senior there is an area the community refers to as Vietnamese people and their long- citizens, who may not be able to speak Vietnam Town, where you can find many of standing commitment to Vietnam. English very well, I can assure Mem- the Vietnamese shops, restaurants, and Truly, the Vietnam War has had a last- bers that freedom is in their hearts, places of worship. In addition, the Vietnamese ing impact on our Nation and, indeed, that they love this Nation, that they community in Houston has established their the world in the 30 years since it has realize that they are in a country that own radio stations including 900 AM Radio ended. The nation of Vietnam today is is free and respects them. Saigon Houston. showing signs of economic revival. So I am proud to recognize the On April 30, 1975, the Republic of Vietnam Much like China, Vietnam is realizing achievements of Vietnamese Ameri- fell to the Communist forces of North Vietnam, that market reforms that are more cans in 3 decades since the end of the resulting in a world refuge crisis of historic open and free can yield a greater fiscal Vietnam War. And I am proud to say proportions, and yielding approximately growth and development. that the city of Houston is home to 3,000,000 refugees around the world and at However, again like China, Vietnam about 160,000 Vietnamese who maintain least 500,000 individuals who died at sea try- must also take the same approach in an active and vibrant community. ing to escape from danger. One million five

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 0636 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2761 hundred thousand of those Vietnamese reset- refugees fled to the U.S.; a majority of them name of freedom. The people of Guam tled in the United States and like the Viet- were ex-military and government officials who empathized with the Vietnamese refugees, namese community in Houston they have con- were our allies during the Vietnam War. and we opened our hearts as well as our is- tributed to the diversity and vibrancy of our The second migration of refugees came land home to them. Schools were closed be- Nation. from the southern portion of the newly reuni- cause the buses and classrooms were needed As we commemorate the thirtieth anniver- fied nation of Vietnam. Of the countless thou- to respond to this human emergency. The sary of the end of the Vietnam War we should sands who tried to flee the country in make- Asian refugee camp became our largest vil- take this time to reflect on our current war in shift boats, as many as half perished at sea. lage overnight. One of my assignments as Iraq. Much like the final years of Vietnam we Those who succeeded found refugee camps First Lady was to organize the care for the are confronted with the question of how do we in Thailand, Malaysia, Indonesia, the Phil- hundreds of orphan babies that arrived in Op- end this war and when can we bring our fight- ippines, and Hong Kong. eration Baby Lift. This was a moving experi- ing men and women home to be with their In the late 1970s, the United Nations High ence that has remained one of my fondest families and loved ones? There have been Commissioner for Refugees (UNHCR) nego- memories of my husband’s first term as Gov- 1,763 coalition troop deaths in Iraq, 1,585 of tiated an agreement under which the govern- ernor of Guam. which have been Americans. At least 12,243 ment of Vietnam would allow an orderly depar- Today, many of the Vietnamese refugees U.S. troops have been wounded in action and ture for those with relatives who had resettled who landed in Guam continue to live and their lives will be changed forever because of abroad. From 1975 to 2002, a total of 759,000 prosper in the Guam community and through- this war. In addition, the latest attacks in Iraq Vietnamese refugees fled Vietnam and reset- out the United States. They have had families, by insurgents have killed hundreds of innocent tled in the United States. opened businesses and contributed to our na- Iraqi civilians. We must work vigorously to en- The Vietnamese American community has tional life. They represent the finest ideals of sure that we have a proper exit strategy in made and continues to make positive contribu- political freedom. Many of the Vietnamese refugees have Iraq. We can not allow more American troops tions to the U.S. Vietnamese Americans can used their skills to create new businesses and to die without doing all we can to extract them be found in any profession, becoming doctors, lawyers, actors, politicians, scientists, profes- to improve their lives and the lives of their fel- from this danger. We must work to bring the low refugees. I am proud to call attention to current state of chaos in Iraq to be under con- sional athletes, and entrepreneurs. In 1992, Tony Quang Lam became the first one example of how Vietnamese-Americans trol. have become an American success story. I re- Can I thank the good people of Vietnam Vietnamese American elected to public office; he served as a City Council Member in West- cently learned of a new business venture in who came but to this Nation or refugee, who southern California called the First Vietnamese now serve us well. I believe we must likewise minster, CA until 2002. Eugene Trinh became the first Vietnamese American Astronaut for American Bank, which, when fully operational, find resolve to fix the problem in Iraq. will serve the Vietnamese-American commu- Mr. LANTOS. Madam Speaker, I have the Space Shuttle Columbia in 1992. Recently nity as well as prime the economic pumps for no further requests for time, and I in the 2004 elections, Hubert Vo became the business relationships between Vietnam and yield back the balance of my time. first Vietnamese American to win a Texas the United States. The visionary board of the Mr. FORTENBERRY. Madam Speak- State Legislature seat, representing District First Vietnamese American Bank gives us all er, I yield myself such time as I may 149 of Texas. hope that economic ties will lead the way to- consume. Madam Speaker, the list of accomplished wards stronger relationships between the Viet- I wish to thank the distinguished Vietnamese Americans goes on, and these namese people and the American people. I gentleman from California (Mr. LAN- are just some examples of the vibrant Viet- congratulate them on this bold endeavor and TOS) for his profound remarks today. namese American community. As we move I wish them success in serving their commu- Madam Speaker, this resolution hon- forward and honor the accomplishments of nity as well as building bridges to their former ors the accomplishments of the Viet- this community, we must also address the dis- homeland. I commend the Chairman of the namese Americans who have proudly parities that still exist in this community, such Board, Dr. Chan Q. Kieu, and the Directors, contributed in so many ways to Amer- as college graduation rates and the number of Mr. Pedro (Sonny) P. Ada, Mr. Arthur B. ican society, and I am personally those living below the poverty level. Birtcher, Mr.Walter L. Hannen Sr., Mr. Alex L. grateful for so many friends in eastern As we recognize the history and contribu- Hoang, Mr. Joe Keleman, Dr. Hieu T. Nguyen, Nebraska, including Loan Vu, Bich and tions of Vietnamese Americans, we continue Ms. Loan (Lynn) T. Nguyen, and Mr. Masao Brian Bui, Tha and Cuong Nguyen, and to honor their stories of hardship, their noble Tsuzura. I also commend the President and Phi Huynh, who have opened their struggles, and their extraordinary accomplish- Chief Executive Officer Dr. Hieu T. Nguyen, homes to me, sharing personal stories ments. and senior managers Mr. Binh S. Hoang, Mr. Ms. BORDALLO. Madam Speaker, I rise of hardship and escape, of hope in seek- John A. Podlesni and Mr. Douglas M. Shearer. ing to rebuild their lives in America, today in strong support of H. Res. 228 which We reflect today on the long road from the and gratitude for the blessings of our recognizes the 30th anniversary of the tragic fall of Saigon to a new world that seeks peace country. fall of the Republic of Vietnam and honors the and prosperity. The Vietnamese-Americans I am grateful for the opportunity to 1.5 million Vietnamese-Americans who have who inspire us also remind us of the cost of offer this resolution, which I hope my settled in the U.S. and worked to promote de- the freedom we enjoy. We hope that Vietnam colleagues will support. mocracy and prosperity in the U.S. as well as will continue on its own political journey so Mr. HONDA. Madam Speaker, I rise today back in their homeland. that one day the freedom that Vietnamese- to thank my colleague, the co-chairs of the As this Congress is aware, the tragedy of Americans enjoy in America can be shared by Congressional Caucus on Vietnam, Rep- the fall of the Republic of Vietnam displaced their families in Vietnam. That is a vision worth resentatives TOM DAVIS, ZOE LOFGREN, CHRIS approximately 3 million Vietnamese. Many of pursuing and in supporting H. Res. 228, Con- SMITH and LORETTA SANCHEZ for their leader- these individuals sought refuge in the United gress can express its solidarity with all those ship in bringing H. Res. 228 to the floor. This States. The people of Guam have a special who share this vision for Vietnam. resolution honors the contributions to the relationship with these Vietnamese-Americans, Mr. TOM DAVIS of Virginia. Madam Speak- United States made by the Vietnamese Ameri- 150,000 of whom arrived in Guam as refugees er, I rise today in support of H. Res. 228, cans since their arrival nearly 30 years ago. after the fall of Saigon in April 1975. To give which I introduced to observe the 30th anni- Today, there are 1.2 million Vietnamese you some perspective on the impact of this versary of the fall of the Republic of Vietnam Americans living in the U.S. More than refugee crisis and the magnitude of Operation to the Communist forces of North Vietnam. 484,000 Vietnamese live in my home state of New Life, the current population of Guam As you know, the Republic of Vietnam suc- California, giving us the largest Vietnamese today is 157,000. At the time of Operation cumbed to North Vietnamese Communist American community outside of Vietnam; my New Life, Guam grew by 150 percent in a troops on April 30, 1975. This dark day was a hometown of San Jose the largest Vietnamese matter of days. great tragedy not only for Vietnamese people, population of any city outside of Vietnam. The My late husband Ricardo J. Bordallo was but for all democratic governments and free Vietnamese community makes up the largest Governor of Guam at the time of Operation people in the world. America reacted quickly population of Southeast Asian refugees to New Life, and I remember how the Guam by opening its hearts and borders to over one have settled in the United States. community came together in solidarity with the million Vietnamese refugees. Another one mil- When Saigon fell to the communists 30 Vietnamese people and worked hard to help lion people fled to Europe, Australia, and Can- years ago, the first wave of Vietnamese fled comfort these brave individuals who had left ada, and almost one million died en route to Vietnam. Approximately 135,000 Vietnamese all their worldly possessions behind in the freedom.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 0636 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2762 CONGRESSIONAL RECORD — HOUSE May 3, 2005 Many came here by surviving incredible Communist forces. Those who remained in geria to transfer Charles Ghankay Tay- hardships. They risked their lives on rickety Vietnam were forced to re-education camps lor, former President of the Republic of boats facing pirates, starvation, and the perils and detention as their punishment. Liberia, to the Special Court for Sierra of being at sea on open boats for weeks and Unfortunately, to this day, the Vietnamese Leone to be tried for war crimes, months on end. Others escaped through dan- Communist government continues to violate crimes against humanity, and other se- gerous mountainous and jungle terrain and basic human rights of its own citizens. As it rious violations of international hu- those who were not so lucky were forced into has been documented by various States De- manitarian law. so called ‘‘Re-education Camps’’ which were partment reports, the U.S. Commission on The Clerk read as follows: nothing more than concentration camps de- International Religious Freedom, Amnesty signed to torture and kill people who opposed International and various Vietnamese-Amer- H. CON. RES. 127 the community regime. Soldiers, writers, jour- ican groups, the Vietnamese government has Whereas on January 16, 2002, as requested nalists, members of the clergy and other reli- been an egregious violator of religious free- by United Nations Security Council Resolu- gious leaders all suffered the same fate in dom, human rights, and free speech. The gov- tion 1315 (2000), an agreement was signed by ernment in Vietnam has continuously impris- the Government of the Republic of Sierra these camps: humiliation, torture, and often, Leone and the United Nations to establish death. oned religious figures who simply want to the Special Court for Sierra Leone; We owe all those who gave the ultimate practice their faith, journalists attempting to Whereas the Special Court for Sierra Leone sacrifice during the Vietnam War, both Amer- print basic information about the actions of was given the power to prosecute persons ican and Vietnamese, a debt of gratitude that their government, and democratic activists in who have committed and ‘‘bear the greatest can never be repaid. While we pay homage to Vietnam. Vietnamese-Americans are playing a responsibility’’ for war crimes, crimes these fallen heroes with resolutions and com- vital role to ensure that the Vietnamese gov- against humanity, other serious violations of memorations, the most fitting tribute is the en- ernment improves its human rights record, but international humanitarian law, and certain during memory of their lives. much work remains to be done. crimes under Sierra Leonean law committed Madam Speaker, in 1994 the United States within the territory of Sierra Leone during Even though April 30th, 2005 marks the that country’s brutal civil war during the pe- ended its trade embargo with Vietnam and 30th anniversary of a very sad day for millions riod after November 30, 1996; normalized relations with Hanoi. While the of Vietnamese and American families whose Whereas on June 4, 2003, the Special Court U.S. continues to open diplomatic relations sons and daughters gave the ultimate sacrifice for Sierra Leone unsealed an indictment with Vietnam, we must remember that many during the Vietnam War, it is also a day to en- issued on March 3, 2003, against Charles issues remain unresolved, including human thusiastically commend countless contributions Ghankay Taylor, former President of the Re- rights violations, lack of religious freedom, and that millions of Vietnamese-Americans have public of Liberia, charging him with seven- government corruption. made in the United States. In just 30 years, teen counts of war crimes, crimes against I have traveled to Vietnam many times to humanity, and other violations of inter- 1.5 million Vietnamese refugees rebuilt their national humanitarian law relating to his learn about these issues first-hand, as well as lives to become leaders in education, busi- role in directly supporting and materially, to raise these concerns with high-level offi- ness, and government in the United Sates and logistically, and politically abetting the cials. In addition, the large Vietnamese-Amer- have greatly enriched the cultural diversity of rebel Revolutionary United Front (RUF) and ican community in my congressional district our country. its actions, including its notorious, wide- continues to keep me apprised of the situa- So today I rise to remember the sacrifice of spread, and systematic attacks upon the ci- tion. As a member of the Vietnam Caucus, I American and Vietnamese soldiers who fought vilian population of Sierra Leone; am dedicated to promoting awareness and for democracy in Vietnam and for their families Whereas the indictment of Charles Taylor policy debates among the U.S. Congress, the includes charges of terrorizing civilians and who suffered their loss and injury. But I also subjecting civilians to collective punish- American public, and the international commu- rise to commend millions of courageous Viet- ment, mass murder, sexual slavery and rape, nity about the greater need for fundamental namese-Americans who have successfully re- abduction and hostage taking, severe mutila- human rights in the Socialist Republic of Viet- built their lives in the United States while fight- tion, including the cutting off of limbs and nam. ing to improve the human rights situation for other physical violence and inhumane acts, Madam Speaker, I urge every citizen of the their brothers and sisters left in Vietnam. enslavement, forced labor, forced military United States to share in remembering this Mr. FORTENBERRY. Madam Speak- conscription, including forced conscription dark chapter in history. We must strive to have er, I have no further requests for time, of children, theft, arson, looting, and pillage, a greater understanding of the role these and I yield back the balance of my and widespread attacks upon the United Na- events had in hollowing the Vietnamese peo- tions Mission in Sierra Leone (UNAMSIL) time. and humanitarian workers by the Revolu- ple of their liberty to provide the necessary The SPEAKER pro tempore (Mrs. tionary United Front combatants; leadership so that one day the Vietnamese BIGGERT). The question is on the mo- Whereas the Revolutionary United Front people may enjoy freedom, democracy, and tion offered by the gentleman from Ne- was notorious for brutally murdering and equality. braska (Mr. FORTENBERRY) that the torturing civilians, including the amputa- I am hopeful H. Res. 228 will serve as a House suspend the rules and agree to tion of limbs with machetes, and by carving sensible voice of reason and help move the the resolution, H. Res. 228, as amended. ‘‘RUF’’ onto the bodies of thousands of vic- Vietnamese people one step closer toward ul- The question was taken. tims, including women and children; timate liberation and freedom. At the least, The SPEAKER pro tempore. In the Whereas the Revolutionary United Front made widespread use of abducted children as however, I believe it will help shed much opinion of the Chair, two-thirds of laborers and soldiers and forced many of the needed light on the atrocities committed by those present have voted in the affirm- abducted children to perform severe human the Socialist Republic of Vietnam everyday on ative. rights abuses, constituting a serious crime its own citizens. I would like to thank the other Mr. LANTOS. Madam Speaker, on under the jurisdiction of the Special Court co-chairs of the Vietnam Caucus, LORETTA that I demand the yeas and nays. for Sierra Leone; SANCHEZ, CHRIS SMITH, and ZOE LOFGREN, for The yeas and nays were ordered. Whereas on August 11, 2003, Charles Taylor their support and urge my colleagues to join The SPEAKER pro tempore. Pursu- departed Liberia for Calabar, Nigeria, where me in the passage of this resolution. ant to clause 8 of rule XX and the he was granted asylum and, according to Ms. ZOE LOFGREN of California. Madam press reports, agreed to end his involvement Chair’s prior announcement, further in Liberian politics; Speaker, I rise as a coauthor in strong support proceedings on this motion will be Whereas in September 2003 the Govern- of H. Res. 228, a resolution that marks the postponed. ment of the Federal Republic of Nigeria 30th anniversary of the fall of the Republic of f warned Taylor that it would ‘‘not tolerate Vietnam and that honors the contributions of any breach of this condition and others Vietnamese-Americans to American society CALLING ON GOVERNMENT OF NI- which forbid him from engaging in active over the past three decades. GERIA TO TRANSFER CHARLES communications with anyone engaged in po- April 30, 1975 marked a very somber day GHANKAY TAYLOR TO SPECIAL litical, illegal or governmental activities in for millions of people when the Republic of COURT FOR SIERRA LEONE Liberia’’; Mr. SMITH of New Jersey. Madam Whereas the United States, Nigeria, and Vietnam fell to Communist forces from North other concerned nations have contributed ex- Vietnam. Instantly, the world was faced with Speaker, I move to suspend the rules tensive political, human, military, financial, millions of refugees, many who resettled in the and agree to the concurrent resolution and material resources toward the building United States, but also hundreds of thousands (H. Con. Res. 127) calling on the Gov- of peace and stability in Liberia and Sierra who perished at sea in their attempt to escape ernment of the Federal Republic of Ni- Leone;

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2763 Whereas the Special Court for Sierra Leone year, despite the coming of peace and business associates, and members of his has contributed to developing the rule of law the international accords to block il- political party. Ominously, his depart- in Sierra Leone and is deserving of support; licit trafficking. Taylor was a top con- ing statement when forced into exile, Whereas on March 17, 2005, the United Na- duit for smuggling West Africa dia- that he would return to Liberia, re- tions Secretary-General reported to the United Nations Security Council that monds which helped bankroll the insur- mains his goal. Charles Taylor’s ‘‘former military com- gency that brought him to power in Li- Madam Speaker, Charles Taylor is an manders and business associates, as well as beria. Even though he is under house international criminal of the worst members of his political party, maintain reg- arrest, Taylor is able to use his finan- order. He was singularly responsible for ular contact with him and are planning to cial resources and contacts to ensure using conflict diamonds to fund armed undermine the peace process’’ in Liberia; that he has the protection of whoever terrorist groups to destabilize Sierra Whereas David Crane, Chief Prosecutor at wins the October election. The new Leone. He financed the notorious Revo- the Special Court for Sierra Leone, stated: government will make sure that Taylor ‘‘Unless and until Charles Taylor is brought lutionary United Front terrorists, who to justice, there will be no peace. Charles can return home, never to face the in turn recruited children and used Taylor is a big cloud hanging over Liberia. court and allow him to continue to them to terrorize their own commu- He is still ruling the country from his house pose a great threat to the region. nities. And he is responsible for inno- arrest in Calabar. His agents remain influen- This is a man who has been indicted cent civilians having their limbs and tial in the country.’’; on 17 counts of war crimes and crimes other body parts chopped off. Whereas on March 22, 2005, Jacques Klein, against humanity. We must take ac- I am baffled by the reluctance of the the United Nations Special Representative of tion to ensure justice and account- Government of Nigeria to transfer this the Secretary-General to Liberia, stated: ability. We can no longer allow Taylor ‘‘Charles Taylor is a psychopath and a killer criminal Charles Taylor to the Special . . . He’s still very much involved [in and is to evade responsibility for his uncon- Court where he belongs. Not only is . . . ] intrusive in Liberian politics.’’; and scionable actions. Taylor poses a clear there strong evidence that he was a Whereas Charles Taylor remains a serious and present danger to West Africa and brutal dictator and a warmonger as present and continuing threat to Liberian U.S. interests. With the mandate of the president of Liberia; he has violated and West African subregional political sta- court set to expire at the end of this the very conditions his host govern- bility, security, and peace, and to United year, we must act quickly to turn him ment laid down for him to remain in States interests in the region: Now, there- over to the SCSL. their custody. fore, be it Removing the potential for his re- Resolved by the House of Representatives (the I see absolutely no reason, Madam Senate concurring), That Congress urges the turn to power in the region will aid us Speaker, why Nigeria should continue Government of the Federal Republic of Nige- significantly in learning better the ex- to offer Charles Taylor undeserved ria to expeditiously transfer Charles tent of his activities. This information sanctuary so that he can once again Ghankay Taylor, former President of the Re- may be of great relevance to our na- pull together a criminal network to public of Liberia, to the jurisdiction of the tional security. terrorize the people of West Africa. Special Court for Sierra Leone to undergo a As a cosponsor of this resolution, I The relationship between the United fair and open trial for war crimes, crimes am very hopeful that with its agree- States and Nigeria is strong, and Nige- against humanity, and other serious viola- ment this administration will speak tions of international humanitarian law. ria remains an important ally of ours out actively and support Taylor’s im- in Africa. They should not jeopardize The SPEAKER pro tempore. Pursu- mediate extradition. ant to the rule, the gentleman from this relationship for the likes of I want to thank the gentleman from Charles Taylor. New Jersey (Mr. SMITH) and the gen- California (Mr. ROYCE), the gentleman I urge all of my colleagues to support tleman from California (Mr. LANTOS) from Virginia (Mr. WOLF), the gen- H. Con. Res. 127. each will control 20 minutes. tleman from California (Mr. LANTOS), Madam Speaker, I reserve the bal- The Chair recognizes the gentleman and the gentleman from Arkansas (Mr. ance of my time. from New Jersey (Mr. SMITH). SNYDER) who worked especially hard on Mr. SMITH of New Jersey. Madam this issue; and I certainly do thank the Mr. SMITH of New Jersey. Madam Speaker, I yield such time as she may gentleman from New Jersey (Mr. Speaker, I yield such time as he may consume to the gentleman from Cali- consume to the distinguished gentle- SMITH), the chairman of the com- woman from New York (Mrs. KELLY). mittee. fornia (Mr. ROYCE), the distinguished Mrs. KELLY. Madam Speaker, I rise I encourage support of everyone for chairman, also the author of this reso- today in strong support of H. Con. Res. this very important measure. lution. 127, a resolution calling on Nigeria to Mr. LANTOS. Madam Speaker, I Mr. ROYCE. Madam Speaker, I thank turn over the former Liberian Presi- yield myself such time as I may con- the gentleman from New Jersey (Mr. dent Charles Taylor to the Special sume. SMITH) for yielding me this time. Court for Sierra Leone. The Special Madam Speaker, I rise in strong sup- I rise in support of House Concurrent Court has indicted Taylor, who is alleg- port of this resolution. I first would Resolution 127. This resolution calls on edly responsible for the murder, rape, like to commend the gentleman from the Government of Nigeria to transfer and mutilation of 1.2 million people California (Mr. ROYCE) for introducing Charles Taylor, the former president of during the war in Sierra Leone in the this timely and important resolution, Nigeria, to the Special Court for Sierra late 1990s. which calls on the Nigerian Govern- Leone so that he can be tried for war It has now come to the surface that ment to hand over former Liberian crimes. And I would like to thank the the al Qaeda operatives both before and President Charles Taylor to the Special gentleman from Illinois (Chairman after September 11 have viewed West Court for Sierra Leone. HYDE) and the gentleman from Cali- Africa as an effective sanctuary and as Madam Speaker, the stability of fornia (Mr. LANTOS), ranking member, a place to launder money. Evidence West Africa and many innocent lives and the gentleman from New Jersey suggests that Taylor himself was per- may be in jeopardy if Charles Taylor is (Chairman SMITH) for their support of sonally involved in serving as a middle- allowed to avoid justice for the horren- this resolution and also for their sup- man between al Qaeda and West Afri- dous crimes he committed during the port over the years for the establish- ca’s multimillion dollar diamond trade. Sierra Leone civil war. ment of a Special Court. The illicit international trade in so- There is no doubt that the Nigerian Madam Speaker, Charles Taylor has called blood diamonds, an asset that is Government stepped in and helped end been indicted on 17 counts, 17 counts of virtually untraceable and easily con- that civil war and brought peace to Li- war crimes and crimes against human- vertible into cash, helped fund many of beria by offering Taylor exile. The ity by the Special Court for the role West Africa’s wars in the 1990s and terms of that exile stated, however, that he played during Sierra Leone’s clearly is a suspected means of finance that he was not to interfere in the in- brutal war. This hybrid court, which for terrorists. ternal affairs of Liberia. has been supported by this body, has The United States estimates that be- According to the U.N. Secretary Gen- been given jurisdiction over, in the tween $70 million and $100 million is eral, Charles Taylor is in regular con- terms of that agreement, ‘‘those who still smuggled out of Sierra Leone each tact with former military commanders, bear the greatest responsibility’’ for

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2764 CONGRESSIONAL RECORD — HOUSE May 3, 2005 the atrocities and human rights viola- to West African peace and security, But it was Taylor’s active support for tions in this now-past war. Charles which is counter to U.S. interests as the Revolutionary United Front, or the Taylor is at the top of that list. well. RUF, of Sierra Leone, a rebel group no- During the late 1990s, then-President I am hopeful that Nigerian President torious, as my colleague pointed out Taylor of Liberia supported the Revo- Obasanjo does the right thing and just a moment ago, for hacking off the lutionary United Front, or RUF as it is hands Taylor over to the Special Court. limbs of innocent civilians, including commonly known, which was des- Among others, the Nigerian Union of women and children, which earned him ignated by the State Department as a Journalists and the Nigerian Bar Asso- an indictment by the Special Court for terrorist organization. He supported it ciation have criticized the exile deal. Sierra Leone. That indictment, which in neighboring Sierra Leone in West President Obasanjo is in Washington included 17 counts of war crimes and Africa, and the RUF was notorious for this week. By passing this resolution, crimes against humanity, reads like a hacking the limbs off their political there will be no question where the grotesque horror novel. opponents, even young children. When U.S. House of Representatives stands. The Special Court for Sierra Leone, a Madam Speaker, I urge the govern- I chaired the Africa Subcommittee, we court which this Congress actively sup- ment of Nigeria to transfer Charles hosted some of these victims on Cap- ports, is expected to conclude its work Taylor to the Special Court for Sierra itol Hill. We held numerous hearings this year. That cannot be done, how- Leone so that he can be tried for war dating back to 1998, examining the ever, if Taylor is not transferred from crimes and that justice can be served. chaos in West Africa caused, orches- Freetown immediately. Furthermore, It is time for Charles Taylor to face up trated by Charles Taylor. there can be no peace in Liberia or in Employed by the RUF were child sol- to his crimes. This resolution deserves West Africa so long as Taylor is al- diers. Investigative reporter Doug the strong support of the House. lowed to maintain influence and act as Farah described what life was like for Mr. SMITH of New Jersey. Madam a menace to his neighbors. The clock is child soldiers in his book ‘‘Blood from Speaker, I yield myself such time as I ticking, Madam Speaker, while the le- Stones.’’ And in his book he said: ‘‘One may consume. gitimacy of the Special Court and the thing the children do remember vividly I want to thank my good friend and is the preparation for what they called colleague for authoring this resolution, stability of West Africa hang in the ‘mayhem days,’ sprees of killing and which calls on the government of Nige- balance. The time to transfer Charles raping that lasted until the partici- ria to transfer the former President of Taylor to the Special Court for pros- pants collapsed from exhaustion. They Liberia, Charles Taylor, to the Special ecution is now. said they were given colored pills, most Court for Sierra Leone, and for bring- Charles Taylor, Madam Speaker, has likely amphetamines, and razor blade ing it before us today. repeatedly violated the terms of his slits near their temples, where cocaine In August of 2003, as a vicious war en- asylum in Nigeria, as the government was put directly into their blood- gulfed the Liberian capital of Mon- of Nigeria itself has acknowledged. streams. The ensuing days would be a rovia, the government of Nigeria made Consequently, the government of Nige- blur. The children often remembered a bold offer. In the interest of peace, ria would be justified in ending that only the feeling of being invincible be- they would offer asylum to Liberia’s asylum and turning Taylor over to the fore the drugs wore off.’’ pariah President, Charles Taylor. The Special Court, as we now are urging This was Charles Taylor’s view of decision to host an indicted war crimi- him to do. West Africa. Yet today Charles Taylor nal that had terrorized his people and This bipartisan resolution, which has safely resides in exile in Nigeria. fomented conflict throughout West Af- been given due consideration by the rica could not have been an easy one. I b 1545 Committee on International Relations, shudder to think of the countless lives deserves every Member’s support and, In August 2003, some believe that re- which surely would have been lost had hopefully, we will pass it unanimously moving Taylor from Liberia and giving Charles Taylor been allowed to remain on the floor today. him exile would prevent Liberia and in Liberia and continue his reign of West Africa from destabilization. In- Madam Speaker, I reserve the bal- terror. Thanks in no small part to Ni- ance of my time. stead of facing justice at the Special geria, the war in Liberia now has Court in Freetown, Sierra Leone, Tay- ended, a transitional government is Mr. LANTOS. Madam Speaker, before lor was given a seaside villa in Calabar, preparing for historic elections, and Li- yielding back my time, let me just ob- Nigeria. In exchange, Taylor would re- berians, at long last, may have the op- serve that our cooperation across party frain from engaging in political activ- portunity to live in peace. lines on this issue is emblematic of the ity. But Taylor’s asylum deal did not many, many problems and areas and Nearly 2 years after the exile deal, come without conditions. Under the countries where the House Committee Taylor is still very much involved in terms of the agreement, Taylor report- on International Relations functions in Liberian politics as that Nation pre- edly is prohibited from communicating a uniquely bipartisan fashion for the pares for elections in the fall. Accord- with anyone engaged in political, ille- national interest. ing to the United Nations reports, his gal, or governmental activities in Libe- Madam Speaker, we have no further ‘‘former military commanders and ria. By all accounts, he repeatedly and requests for time, and I yield back the business associates, as well as members unabashedly has violated that agree- balance of my time. of his political party, maintain regular ment. GENERAL LEAVE contact with him and are planning to Further, the asylum did not grant Mr. SMITH of New Jersey. Madam undermine the peace process in Libe- Taylor amnesty for his past crimes. Speaker, I ask unanimous consent that ria.’’ Now, this peace process, inciden- This warlord-turned-President-turned- all Members may have 5 legislative tally, has been supported by the United war criminal has worked long and hard days within which to revise and extend States and Congress with hundreds of to earn the reputation of ‘‘the cancer their remarks and include extraneous millions of dollars. of West Africa.’’ He is alleged to be co- material on the resolution under con- As the resolution points out, David operating with international terrorist sideration. Crane, Chief Prosecutor at the Court, organizations. He has engaged in the il- has stated, ‘‘Unless and until Charles licit trade in blood diamonds in viola- The SPEAKER pro tempore (Mrs. Taylor is brought to justice, there will tion of U.S. sanctions. He is linked to BIGGERT). Is there objection to the re- be no peace in Liberia.’’ The U.N. Sec- the proliferation of small arms quest of the gentleman from New Jer- retary General’s Special Representa- throughout the region. He has fo- sey? tive to Liberia is Jacques Klein. mented conflict not only in Liberia, There was no objection. Jacques Klein has said, ‘‘Charles Tay- but also in neighboring Guinea, Sierra Mr. WOLF. Madam Speaker, I rise in sup- lor is a psychopath and a killer. He is Leone, and Cote d’Ivoire. In sum, port of H. Con. Res. 127 calling on the gov- still very much involved in and is in- Charles Taylor has destabilized the en- ernment of the Federal Republic of Nigeria to trusive in Liberian politics.’’ tire sub-region of West Africa, leaving transfer Charles Taylor, former President of Madam Speaker, Charles Taylor re- thousands dead and millions displaced the Republic of Liberia, to the Special Court mains a serious and continuing threat in his wake. for Sierra Leone to be tried for war crimes,

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 0636 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2765 crimes against humanity and other serious vio- that Taylor has breached this agreement and Whereas thousands of American veterans lations of international law. I urge my col- maintains contacts in Liberia with those plan- of the Liberation of Western Bohemia have leagues to vote in favor of this important reso- ning to undermine the peace process in Libe- traveled to Pilsen in the years since the lib- eration to honor their fallen comrades; lution. ria. Whereas the people of the Czech Republic, We must do everything possible to see that Today, Charles Taylor remains in Nigeria. symbolizing their friendship and gratitude Charles Taylor, a fugitive from justice, is held Taylor is a threat to peace and stability in toward the American soldiers who fought to accountable for his heinous crimes and West Africa and should not be granted any secure their freedom, have graciously hosted brought before the Special Court for Sierra freedom in Nigeria. I call on the government of countless veterans groups over the years; Leone. There should be no safe harbor for ty- Nigeria to immediately turn over Charles Tay- Whereas between April 25 and May 9, 2005, rants like Charles Taylor. lor to the Special Court for Sierra Leone. Only some 50 communities across the western part The legacy of Charles Taylor’s human rights with the proceedings of a fair and open trial of the Czech Republic will be celebrating the abuses and corruption in Liberia is deplorable. for the crimes against humanity, will justice be 60th anniversary of their liberation by United States, Czech, and Belgian soldiers Charles Taylor sponsored a 10-year civil war served, and I urge my colleagues to support under the command of General Patton; in neighboring Sierra Leone and has inflicted this legislation. Whereas the citizens of Pilsen will dedicate suffering on innocent men, women and chil- Mr. SMITH of New Jersey. Madam a statue of General Patton which will be un- dren in unprecedented acts of cruelty, all done Speaker, I yield back the balance of veiled on the town square on the 60th anni- to satisfy the avarice of a cruel despot. my time. versary of the liberation of Pilsen, com- The UN-backed war crimes court unsealed The SPEAKER pro tempore. The memorating the Liberation of Western Bohe- an indictment on Charles Taylor in 2003. He question is on the motion offered by mia by United States Armed Forces during is accused of bearing the greatest responsi- the gentleman from New Jersey (Mr. World War II; and Whereas the friendship between the United bility for war crimes, crimes against humanity MITH S ) that the House suspend the States and the Czech Republic is strong and serious violations of international humani- rules and agree to the concurrent reso- today in part because of the Liberation of tarian law. It is well known that he provided fi- lution, H. Con. Res. 127. Western Bohemia: Now, therefore, be it nancial support, military training, personnel, The question was taken. Resolved, That the House of Representa- arms and other form of assistance to the Rev- The SPEAKER pro tempore. In the tives— olutionary United Front to destabilize Sierra opinion of the Chair, two-thirds of (1) recognizes the 60th anniversary of the Leone and thereby gain access to her dia- those present have voted in the affirm- Liberation of Western Bohemia in the Euro- mond wealth. ative. pean theater of operations during World War Charles Taylor organized and ordered Mr. LANTOS. Madam Speaker, on II which culminated in an Allied victory that assured the defeat of Nazi Germany and armed attacks throughout Sierra Leone to ter- that I demand the yeas and nays. ended the War in Europe two weeks later; rorize the civilian population and ultimately The yeas and nays were ordered. (2) honors those individuals who gave their punish them for failing to provide sufficient The SPEAKER pro tempore. Pursu- lives during the Liberation of Western Bohe- support to the RUF, or for supporting the le- ant to clause 8 of rule XX and the mia; gitimate government. The attacks routinely in- Chair’s prior announcement, further (3) encourages the President to issue a cluded unlawful killings, abductions, forced proceedings on this motion will be proclamation calling upon the people of the labor, physical and sexual violence, the use of postponed. United States to honor the veterans of the child soldiers and looting. Liberation of Western Bohemia with appro- f priate programs, ceremonies, and activities; I remain concerned that two years have RECOGNIZING THE 60TH ANNIVER- (4) reaffirms the bonds of friendship be- passed and he has not been brought to justice SARY OF VICTORY IN EUROPE tween the United States and the brave citi- before the Special Court for Sierra Leone. The (VE) DAY AND THE LIBERATION zens of the Czech Republic; and United States must call on the Nigerian gov- (5) seeks to continue building a great fu- OF WESTERN BOHEMIA ernment to hand Charles Taylor over to stand ture between our countries. trial. Charles Taylor has stated his plans to re- Mr. SMITH of New Jersey. Madam The SPEAKER pro tempore. Pursu- turn to Liberia one day and is accused of Speaker, I move to suspend the rules ant to the rule, the gentleman from meddling in the current affairs of West Africa. and agree to the resolution (H. Res. New Jersey (Mr. SMITH) and the gen- If we fail to bring him to justice he may 195) recognizing the 60th anniversary of tleman from California (Mr. LANTOS) someday return to power in Liberia. Time is Victory in Europe (VE) Day and the each will control 20 minutes. running out for the Special Court for Sierra Liberation of Western Bohemia. The Chair recognizes the gentleman Leone. Charles Taylor’s crimes can not go The Clerk read as follows: from New Jersey (Mr. SMITH). unpunished. There must be justice for the vic- H. RES. 195 Mr. SMITH of New Jersey. Madam tims. Whereas the final major offensive in the Speaker, I yield myself such time as I Mr. ENGEL. Madam Speaker. I rise in sup- European theater of operations during World may consume. port of H. Con. Res. 127. War II, known as the Liberation of Western Madam Speaker, H. Res. 195 is a reso- Charles Ghankay Taylor is a ruthless war Bohemia, was fought from April 25, 1945, to lution introduced by the gentleman criminal who has been indicted by the Special May 8, 1945, with Victory in Europe (VE) Day from Georgia (Mr. KINGSTON) which Court for Sierra Leone (SCSL) on 17 counts of declared on May 8, 1945; recognizes the 60th anniversary of the war crimes and crimes against humanity. Tay- Whereas the Liberation of Western Bohe- mia was the closing offensive of World War liberation of Western Bohemia by lor, the former president of the Republic of Li- II, which decisively contributed to the ulti- American forces. beria, has supported atrocities including mass mate capitulation of the German Third I strongly support the resolution murder, rape, torture, mutilation, and the use Reich; which recognizes the extraordinary of children as militants during Sierra Leone’s Whereas on May 4, 1945, General George S. sacrifice by American soldiers to free brutal civil war. Patton gave the order for the American Western Bohemia from Nazi control. Charles Taylor also supported the Revolu- Third Army, consisting of 18 divisions and This was the last major offensive un- tionary United Front (RUF), deemed a terrorist 500,000 men, to resume the Allied offensive dertaken in Europe during World War organization by the State Department. He into Western Bohemia; II. The campaign was led by General Whereas on May 5, 1945, the Third Army therefore, should be held accountable for the liberated the city of Plzen (Pilsen), the west- George Patton and involved 18 divi- inhumane barbarism the RUF committed with- ern-most city in then-Czechoslovakia; sions and approximately 500,000 men. It in Sierra Leone’s borders. Furthermore, this Whereas on May 6, 1945, as Americans en- resulted in the liberation of Pilsen, Special Court that indicted Taylor has contrib- tered Pilsen, flowers were strewn along the which was then located in what was uted to the rule of law in Sierra Leone and de- paths and into the vehicles of the troops, known as Czechoslovakia on May 5, serves our support. while young girls and old men and women 1945. In August 2003, Charles Taylor was granted ran to kiss the soldiers; The liberation of Western Bohemia asylum in Nigeria and agreed to end involve- Whereas during the communist era, Czechs was decisive in leading to the ultimate celebrated their liberation from Nazi Ger- ment in Liberian politics. The Nigerian govern- many on May 9 of each year in commemora- surrender of Nazi forces and a quick ment also warned Taylor not to communicate tion of the Soviet liberation of Prague; how- end to World War II in Europe. with anyone involved in illegal or political ac- ever, after the 1989 ‘‘Velvet Revolution’’, the The resolution also recognizes the tivities in Liberia. However, the UN Secretary date of commemoration was moved to May 8 continued friendship between the peo- General has reported to the Security Council of each year; ple of the United States and the people

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2766 CONGRESSIONAL RECORD — HOUSE May 3, 2005 of the Czech Republic. In fact, in honor I urge all of my colleagues to support ican liberation, even to the extent of of the liberation of their city, the citi- this resolution as we send our best tearing down statues and changing the zens of Pilsen will be dedicating a stat- greetings to the free people of a free history books. And yet through the ue of General Patton on the 60th anni- Czech Republic. dark period, the many years and dec- versary of the liberation of their city Madam Speaker, I reserve the bal- ades that followed, the people of the and all of Western Bohemia. ance of my time. Czech Republic still remembered that Madam Speaker, I reserve the bal- Mr. SMITH of New Jersey. Madam day. ance of my time. Speaker, I yield such time as he may Maybe it was not in their textbooks, Mr. LANTOS. Madam Speaker, I consume to the gentleman from Geor- maybe they did not have access to the yield myself such time as I may con- gia (Mr. KINGSTON), the author of the photographs anymore, and maybe the sume. resolution. stories were held down to whispers; yet Madam Speaker, in just a few days, Mr. KINGSTON. Madam Speaker, I they still remember what happened. we will celebrate the 60th anniversary am proud to have been a part of this The Czech people, and Czechoslovakia, of the victorious end of World War II in resolution as we recognize the 60th an- have had a great role in the develop- Europe, and the President will mark niversary of the victory in Europe and, ment of the United States of America. this important historic anniversary by really, the liberation of Western Bohe- Czech immigrants are all over our visiting Holland and Russia for special mia as it signaled the end of the war in country. Our country is better because commemorative events. It is very ap- Europe and the defeat of the Third of the Czech influence that we have. propriate, Madam Speaker, that in ad- Reich. And because we were so significant in dition to recognizing that all-impor- On May 4, 1945, General George Pat- their liberation in 1945, they never let tant date, we recognize the liberation ton gave the order for the American the Soviet Union wipe out the memory of the Czech people who have gone Third Army, consisting of 18 divisions of our contribution to their country ei- through so much in their search for lib- and 500,000 men, to resume the allied ther. erty. offensive in Western Bohemia. The fol- I am proud to be going there on Our resolution calls attention to the lowing day, Patton’s Third Army liber- Thursday with a bipartisan delegation role of American military forces in the ated the city of Pilsen in the western- to present this resolution. And I am liberation of Bohemia and the city of most section of then Czechoslovakia. proud that Congress and this sub- Pilsen in the very last days of the Sec- As the Americans entered Pilsen, flow- ond World War. committee is passing this bill, because Madam Speaker, 10 years ago, on the ers were strewn in their path and into it makes a very significant statement 50th anniversary of this event, it was vehicles for the troops. Young girls and on what we feel and how we feel, what my privilege to represent the United old men and women ran out to kiss the we feel about what happened in 1945, in States in Bohemia commemorating soldiers. People who had been op- 1948, and in 1989, and today as we cele- this historic occasion, and I sensed pressed for all of the Nazi occupation brate this important anniversary with firsthand the warm friendship and and people who had had an under- our Czech brothers and sisters. gratitude the people of the Czech Re- ground resistance came out to welcome Mr. LANTOS. Madam Speaker, we public have for the United States and these soldiers. have no additional requests for time, for our role in liberating them. The b 1600 and I yield back the balance of my strong friendship and the good rela- time. Even today, thousands of American Mr. SMITH of New Jersey. Madam tions between the United States and veterans of the liberation of Western the Czech Republic were profoundly Speaker, I want to commend the gen- Bohemia will travel to Pilsen to honor strengthened by the liberation of west- tleman from Georgia (Mr. KINGSTON) their fallen comrades. ern Bohemia in May of 1949 under the for his outstanding and very eloquent The people of the Czech Republic leadership of General Patton and the statement. symbolize their friendship and grati- Third Army he led, which included not Madam Speaker, I have no further re- tude toward the American soldiers who only American, but also free Belgian quests for time, and I yield back the fought to secure their freedom, having and Czech troops. balance of my time. Our resolution reaffirms the bonds of graciously hosted thousands and count- The SPEAKER pro tempore (Mrs. friendship between the American and less veteran groups over the many BIGGERT). The question is on the mo- the Czech people, which go back to the years. tion offered by the gentleman from strong and enthusiastic support Presi- Between April 25 and May 9, 2005, New Jersey (Mr. SMITH) that the House dent Woodrow Wilson and the Amer- some 50 communities across the west- suspend the rules and agree to the reso- ican people displayed for the establish- ern part of the Czech Republic will be lution, H. Res. 195. ment of Czechoslovakia at the end of celebrating the 60th anniversary of The question was taken. the First World War. their liberation by the United States, The SPEAKER pro tempore. In the In the last decade and a half, those Czech and Belgium soldiers under the opinion of the Chair, two-thirds of ties have been further strengthened as command of General Patton. those present have voted in the affirm- we have welcomed the end of the Com- The citizens of Pilsen will dedicate a ative. munist era in Central Europe. Eight statue of General Patton to be unveiled Mr. LANTOS. Madam Speaker, on years ago, it was my pleasure to fly to on the town square on the 60th anniver- that I demand the yeas and nays. Independence, Missouri with the For- sary of the liberation, commemorating The yeas and nays were ordered. eign Minister of the Czech Republic, as the liberation. One footnote that is The SPEAKER pro tempore. Pursu- well as the Foreign Ministers of Poland very significant for all of us, though, is ant to clause 8 of rule XX and the and Hungary, to witness the signing of that while America liberated Pilsen Chair’s prior announcement, further Czechoslovakia’s ascension to the and the Czech Republic in 1945, in 1948, proceedings on this motion will be North Atlantic Alliance. the Iron Curtain fell upon it. postponed. The Czech people have faced domina- And at that point, the historians and f tion by foreign rulers for centuries. the photographers and the people who The liberation of western Bohemia by knew that America had played such a GENERAL LEAVE the United States created the possi- major role in their liberation, those Mr. SMITH of New Jersey. Madam bility of a new future for the Czech people were sometimes arrested, often Speaker, I ask unanimous consent that people, which they attempted to seize intimidated, and even the photographs all Members may have 5 legislative first in 1968 in the famous Prague of the liberation were destroyed. So for days within which to revise and extend spring which Soviet forces brutally 3 years, the people of Czech Republic in their remarks and include extraneous suppressed, and then in 1989 when the Pilsen enjoyed the fresh air of libera- material on House Resolution 195. Czech people prevailed. Our resolution tion and freedom; and then from 1945 to The SPEAKER pro tempore. Is there honors not only their liberation, but 1948, that ended with the Iron Curtain. objection to the request of the gen- their resilience and their commitment And the Soviet Government came in tleman from New Jersey? to free, open, and democratic societies. and wiped out all traces of the Amer- There was no objection.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2767 RECOGNIZING THE 60TH ANNIVER- tleman from California (Mr. LANTOS) offering joyful thanks to God for the SARY OF VICTORY IN EUROPE each will control 20 minutes. victory that we have won and to pray, (V–E) DAY DURING WORLD WAR The Chair recognizes the gentleman to quote him again: ‘‘That He will sup- II from New Jersey (Mr. SMITH). port us to the end of our present strug- Mr. SMITH of New Jersey. Madam Mr. SMITH of New Jersey. Madam gle and guide us into the way of Speaker, I yield myself such time as I peace.’’ Speaker, I move to suspend the rules may consume. How fitting, Madam Speaker, that we and agree to the resolution (H. Res. H. Res. 233, Madam Speaker, as the continue to commemorate a national 233) recognizing the 60th Anniversary Clerk just pointed out, is a resolution day of prayer this Thursday, May 5, as of Victory in Europe (V–E) Day During that recognizes the 60th anniversary of we bring before God our thanks for the World War II, as amended. victory in Europe during World War II. many blessings He has bestowed upon The Clerk read as follows: This resolution, Madam Speaker, re- this great Nation and petition for help H. RES. 233 iterates a simple but powerful message in the ongoing challenges we face. Whereas on May 7, 1945, at General Dwight that our Nation honors and deeply ap- H. Res. 233, Madam Speaker, recog- Eisenhower’s headquarters in Reims, France, preciates the men and women who nizes the enormous sacrifice of the a representative of the German High com- served in the European Theatre during young men and women who fought in mand signed the document of surrender, un- World War II and that we especially re- the European theatre. During World conditionally surrendering all air, land and member and pay tribute to those War II, more than 4 million members of sea forces to the Allies on May 8, ending the the United States Armed Forces fought war in Europe; Americans who made the ultimate sac- Whereas Western Europe and the United rifice for our country. in Europe. This is the largest military States have traditionally celebrated May 8 Madam Speaker, 60 years ago, at force ever committed by the United as the day of the Allied ‘‘Victory in Europe’’ General Eisenhower’s headquarters in States in any theatre of operation. over Germany, or ‘‘V–E Day’’ ; Reims, France, a representative of the And almost 200,000 American troops Whereas May 8, 2005, marks the 60th anni- German high command uncondition- were killed in the European theater. In versary of V–E Day; ally surrendered all land, air, and sea addition, H. Res. 233 recognizes the sac- Whereas V–E Day was a day for which mil- forces to the allies ending the war in rifice of the millions of members of the lions had worked and fought and prayed and armed forces of allied nations in de- died during that terrible war; Europe. General Eisenhower, in his order of feating Nazi Germany, liberating Eu- Whereas this day marked the end of six rope, and putting to an end an un- years of misery, suffering, courage, and en- the day to the troops on May 8, 1945, V– durance across the world; E Day, declared, and I quote him in speakable crime and crimes per- Whereas the United States Armed Forces part: ‘‘The crusade on which we em- petrated by the Nazi regime. fought with their Allies to free occupied na- barked in early summer of 1944 has H. Res. 233 was approved by the Euro- tions and their victory in Europe represented reached its glorious conclusion. It is pean Emerging Threats Subcommittee, the triumph of good over unspeakable evil, my special privilege, in the name of all and I hope that every Member of the and the promise of a peaceful future for a House will support its passage this Europe ravaged by the bloodiest war in its nations represented in this theatre of war, to commend each of you for the afternoon. history; Mr. Speaker, I reserve the balance of valiant performance of duty. Though Whereas V–E Day marked the culmination my time. of the efforts of many different nations in these words are feeble,’’ General Eisen- Mr. LANTOS. Mr. Speaker, I yield the Allied forces who were united by the hower went on to say, ‘‘they come from myself such time as I may consume. common quest for peace and justice and who the bottom of a heart overflowing with I welcome this resolution marking fought valiantly to liberate occupied coun- pride in our loyal service and admira- the 60th anniversary of the allied vic- tries and to prevent Hitler’s onslaught; tion for you as warriors. Your accom- Whereas the more than 4,000,000 members tory in Europe at the end of World War of the United States Armed Forces deployed plishments at sea, in the air and on the II, which was introduced by the chair- in Europe, the largest United States military ground, and in the field of supply, have man of the Europe Subcommittee, the force ever committed to any theater of oper- astonished the world. Even before the gentleman from California (Mr. ation, were joined by millions of members of final week of the conflict, you had put GALLEGLY). the armed forces of other Allied nations, and 5 million of the enemy permanently I also want to thank our chairman, together provided the essential strength and out of the war. You have taken in my good friend, the gentleman from Il- made innumerable sacrifices to end the war stride military tasks so difficult as to linois (Mr. HYDE), for moving it so in Europe; be classified by many doubters as im- Whereas almost 200,000 members of the quickly through the committee and to United States Armed Forces gave their lives possible. the consideration by this House. in battle and hundreds of thousands were ‘‘You have confused and defeated and In just a few days, Mr. Speaker, the wounded in the European theater during destroyed your savagely fighting foe. President will mark this important World War II; On the road to victory you have en- historic anniversary by visiting Hol- Whereas European countries have erected dured every discomfort and privation land and Russia for special events com- many monuments and plaques commemo- and have surmounted every obstacle, memorating the end of the Second rating their liberation by the United States ingenuity and desperation could throw World War in Europe. and its Allies during World War II; in your path. Full victory in Europe I remember well the events that we Whereas the 60th anniversary of V–E Day in 2005 will be marked by many commemora- has been attained,’’ he concluded. are commemorating. I was a teenager tive events by citizens of the United States President Truman in his radio ad- in Budapest, Hungary. And as a 16- and many other nations; and dress to the Nation that same day de- year-old, I witnessed the military occu- Whereas the courage and sacrifice of the clared: ‘‘Much remains to be done. The pation of Hungary by Nazi troops in members of the United States Armed Forces victory won in the West must now be March 1944. and of many other nations who served with won in the East. The whole world must For part of that year, Mr. Speaker, I distinction to save the world from tyranny be cleansed of the evil from which half was in and out of Hungarian labor and aggression should always be remem- the world has been freed. camps forced to repair a rail bridge on bered: Now, therefore, be it General Truman went on to say: ‘‘For the main railroad line between Buda- Resolved, That the House of Representa- the triumph of spirit and of arms, tives recognizes the 60th anniversary of the pest and Vienna, across one of the trib- end of World War II in Europe, joins with a which we have won, and for the prom- utaries of the Danube River. We grateful Nation in expressing respect and ap- ise of the peoples everywhere to join us cheered as American aircraft from preciation to the men and women who served in the love of freedom, it is fitting that bases in Italy bombed the bridge, al- in the European theater during World War II, we as a Nation give thanks to Al- though we knew that as soon as those and remembers and pays tribute to those mighty God, who has strengthened us planes were gone we would be forced re- Americans who made the ultimate sacrifice and given us the victory.’’ build it. and gave their life for their country. He then went on to say that May 13, But we cheered because we knew that The SPEAKER pro tempore. Pursu- 1945, would be a day of prayer. And he American participation in the war, and ant to the rule, the gentleman from called upon the people of the United the heroic deeds of the American mili- New Jersey (Mr. SMITH) and the gen- States, whatever their faith, to unite, tary, would ultimately bring about the

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2768 CONGRESSIONAL RECORD — HOUSE May 3, 2005 defeat of the monstrous Nazi war ma- for his leadership and his very eloquent Chair’s prior announcement, further chine. Ultimately, German forces re- statement. proceedings on this motion will be treated into Austria, the Soviet Army Mr. NADLER. Mr. Speaker, 60 years ago postponed. arrived liberating Budapest. the guns and bombs in Europe fell silent, and f Mr. Speaker, in a more direct and President Truman announced victory over Eu- perhaps more personal sense than some rope to a proud and free world. GENERAL LEAVE of my colleagues here in the House, I I rise today to commemorate the 60th anni- Mr. SMITH of New Jersey. Mr. have the greatest respect and admira- versary of this great and very important day, Speaker, I ask unanimous consent that tion for the sacrifices of American sol- and to recognize the sacrifices and accom- all Members may have 5 legislative diers and American pilots, many of plishments of the men and women who so days within which to revise and extend whom give their lives in this epic bat- bravely served to defeat hate and aggression. their remarks and include extraneous tle against the evil forces of Adolph I join millions of people participating in thou- material on H. Res. 233. Hitler. In many ways, Mr. Speaker, vic- sands of events, in New York City, all across The SPEAKER pro tempore. Is there tory in Europe in May 1945 marked the United States, and around the world, in objection to the request of the gen- more a beginning than an end. observing and honoring the courage of Amer- tleman from New Jersey? It marked the end of the Nazi threat ican service-members, allied soldiers, and There was no objection. to freedom, but marked the beginning home front workers. of a new United States involvement in During April 1945, allied forces led by the f Europe. As the Cold War began even be- United States overran Nazi Germany from the RECESS fore the guns of the Second World War west while Russian forces advanced from the The SPEAKER pro tempore. Pursu- became silent, the United States east. On April 25, American and Russian ant to clause 12(a) of rule I, the Chair worked with our European allies to de- troops met at the Elbe River. After 6 years of declares the House in recess subject to fend freedom from the Soviet Union war, suffering, and devastation, Nazi Germany the call of the Chair. with the Berlin airlift, the establish- was formally defeated a few days later on May Accordingly (at 4 o’clock and 15 min- ment of NATO, and strong American 8, 1945. utes p.m.), the House stood in recess support for European cooperation It was a bittersweet victory. Over 400,000 subject to the call of the Chair. which finally led to the establishment American soldiers died in World War II; 350, of the European Union. 000 British soldiers gave their lives; and a f As we look back on May 1945, at the staggering 20 million Russian soldiers and ci- b 1731 exhilaration and camaraderie that we vilians perished in the war fighting German ag- all shared at that time, I regret that gression on their home soil. The war also AFTER RECESS some of that unity and cooperation has brought about the most horrendous systematic The recess having expired, the House vanished. I regret that some of the murder which humanity has ever known, the was called to order by the Speaker pro countries that were liberated by the Holocaust. tempore (Mr. LINDER) at 5 o’clock and shedding of American blood in Nor- In memory of all the victims of World War II, 31 minutes p.m. mandy, and hundreds of other battle- it is our duty to raise our voices as one and f fields across the continent, are now say to the present and future generations that cynically critical of our actions and no one has the right to remain indifferent to AUTHORIZING SPEAKER TO POST- obstructive of our efforts. anti-Semitism, xenophobia and racial or reli- PONE FURTHER PROCEEDINGS Our fight against terrorism is no less gious intolerance. ON MOTION TO TABLE HOUSE a struggle for our common freedom and This is an occasion to remember and com- RESOLUTION 253 democratic way of live than was the memorate. We must remember why the war Mr. SENSENBRENNER. Mr. Speak- fight against Nazi Germany. was fought, remember the victims and heroes, er, I ask unanimous consent that the Mr. Speaker, I owe my life to the and thank those who fought so hard and sac- Chair be authorized to postpone further American military, and to the military rificed so much. proceedings on a motion to lay on the forces of the other allied countries who V–E Day marked the promise of a peaceful table the Conyers resolution to a time liberated Europe at an enormous cost. future for a Europe ravaged by unspeakable designated by the Speaker. I am honored to join in paying tribute horror and war. Although freedom did not The SPEAKER pro tempore. Is there to the men and women who served in come to every European nation following the objection to the request of the gen- Europe during World War II and in re- defeat of Nazi Germany, today we stand at tleman from Wisconsin? membering them on this 60th anniver- the threshold of a very hopeful future based There was no objection. sary of the liberation of Europe. on sovereignty, democracy, freedom and co- f This was truly the Greatest Genera- operation. tion. And I urge my colleagues to sup- Mr. Speaker, I take this opportunity to honor PRIVILEGES OF THE HOUSE—IN- port this resolution. those individuals who gave their lives during TEGRITY OF PROCEEDINGS OF Mr. Speaker, I yield back the balance the liberation of Europe, to thank the veterans THE HOUSE of my time. of World War II, and to commemorate the de- Mr. CONYERS. Mr. Speaker, in ac- Mr. SMITH of New Jersey. Mr. feat of Nazism and Fascism by freedom-loving Speaker, I yield myself such time as I cordance with my request of last people. Thursday, I offer a privileged resolu- may consume. Mr. SMITH of New Jersey. Mr. tion (H. Res. 253) as to a question of the Mr. Speaker, before yielding back, I Speaker, we have no further requests privileges of the House and ask for its just want to thank the gentleman from for time, and I yield back the balance immediate consideration. California (Mr. LANTOS) again for his of our time. The SPEAKER pro tempore. The eloquent statement. He truly, he and The SPEAKER pro tempore (Mr. Clerk will report the resolution. his wife, Annette, are the personifica- GILCHREST). The question is on the mo- tion of liberation. They are survivors tion offered by the gentleman from The Clerk read the resolution, as fol- lows: of the Holocaust; and he just has been New Jersey (Mr. SMITH) that the House a great champion for human rights. suspend the rules and agree to the reso- H. RES. 253 And so many Members of this body lution, H. Res. 233, as amended. Whereas the Committee on the Judiciary have served in World War II as well, in- The question was taken. conducted a markup of the bill H.R. 748, the cluding the gentleman from Illinois The SPEAKER pro tempore. In the ‘‘Child Interstate Abortion Notification (Mr. HYDE), the distinguished chairman opinion of the Chair, two-thirds of Act,’’ on Wednesday, April 13, 2005 and or- dered the bill reported on that same day; of the full Committee on International those present have voted in the affirm- Relations, who served in the Pacific Whereas the Committee on the Judiciary ative. subsequently reported H.R. 748 to the House theatre and was very active in the lib- Mr. LANTOS. Mr. Speaker, on that I on Thursday, April 21, 2005, with an accom- eration, obviously, against Imperial demand the yeas and nays. panying report designated House Report 109– Japan. The yeas and nays were ordered. 51; But, again, I want to thank the gen- The SPEAKER pro tempore. Pursu- Whereas, during the markup of H.R. 748, tleman from California (Mr. LANTOS) ant to clause 8 of rule XX and the Representatives Nadler, Scott, and Jackson-

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2769 Lee offered in good faith a total of five Mr. CONYERS. Mr. Speaker, I yield Mr. CONYERS. Mr. Speaker, I yield 5 amendments to the bill, all of which failed myself 4 minutes. minutes to the distinguished gen- on party-line votes; (Mr. CONYERS asked and was given tleman from New York (Mr. NADLER), a Whereas, because Representatives Nadler, permission to revise and extend his re- Scott, and Jackson-Lee called for recorded member of the Committee on the Judi- votes on their amendments, under section marks.) ciary. 3(b) of Rule XIII, the votes were published in Mr. CONYERS. Mr. Speaker, I rise to Mr. NADLER. Mr. Speaker, I would House Report 109–51; offer a resolution concerning the privi- like to ask if the distinguished chair- Whereas, although it is the long and estab- leges of the House. man wishes to repeat his tactic of last lished practice in House reports to describe The deliberate misrepresentation of week of waiting until everybody else recorded votes with objective, nonargumen- Members of the House of Representa- has spoken and then mischaracterize tative captions, the Committee on the Judi- tives’ amendments is unprecedented. what we have said so that we cannot ciary majority departed from this practice in And I do this because the Committee House Report 109–51 by captioning these five reply to him. amendments with inflammatory, inaccurate on the Judiciary report on H.R. 748 Is that his intent today? Is that why captions implying that these three Members mischaracterized amendments offered he is reserving his time now so that he of Congress condoned the criminal behavior by Members in a way that distorted can speak after everybody else has spo- of ‘‘sexual predators’’; both the effect of the amendments and ken? Whereas, as one example, while an objec- the intentions of the Members. Mr. SENSENBRENNER. Mr. Speak- tive, nonargumentative description of one of I offer this resolution to protect the er, will the gentleman yield? Representative Nadler’s amendments would rights of every Member in this body. Mr. NADLER. I yield to the gen- read, ‘‘exempts a grandparent or adult sib- None of us wants to see our amend- ling from the criminal and civil provisions of tleman from Wisconsin. the bill,’’ and is in fact the language the ments mischaracterized in a way that Mr. SENSENBRENNER. That is not Committee on the Judiciary used to caption undermines our good faith. None of us my intent, Mr. Speaker. this amendment in past reports on this legis- wants to see our legislative work dis- Mr. NADLER. Mr. Speaker, is it his lation, the caption in House Report 109–51 torted in a way that diminishes our intent to let anybody on this side was instead, ‘‘Mr. Nadler offered an amend- motives. I am not eager to bring this speak after he has spoken even if he ment that would have exempted sexual pred- matter to the floor of the House, but I closes? ators from prosecution under the bill if they do so as a last resort to achieve a reso- Mr. SENSENBRENNER. Mr. Speak- were grandparents or adult siblings of a minor.’’ (Similar problems occured in de- lution that is fair and just. er, will the gentleman yield? scribing amendments offered by Representa- There is little doubt in my mind that Mr. NADLER. I yield to the gen- tives Scott and Jackson-Lee); the amendment characterizations in- tleman from Wisconsin. Whereas, when Representative Sensen- cluded in the committee report were Mr. SENSENBRENNER. Mr. Speak- brenner, the Chairman of the Committee on distorting and damaging. Taking an er, his side has the right to close as the the Judiciary, was asked about this language amendment written to exclude grand- proponents of the resolution. and given the opportunity to correct it, both parents and describing it as one pro- Mr. NADLER. Mr. Speaker, I thank in the Committee on Rules and on the House the gentleman for his answer. floor, he instead explained that it was his tecting sexual predators crosses a line purpose and intention to include these derog- of good faith and comity so essential to Mr. Speaker, the gentleman from atory and inaccurate captions in House Re- the operation of this House. Michigan (Mr. CONYERS) stated the port 109–51; Descriptions this pejorative are not point of this resolution pretty accu- Whereas, committee reports are official only inappropriate; they are without rately and I think completely. congressional documents to which American precedent. This has never happened be- I want to deal with some citizens will refer when seeking to interpret fore in my memory. If we look at the misstatements that have been made or the bills they accompany; RECORD, we will see that the three pre- have been reported to have been made Whereas, although the committee markup and reporting process gives Members ample vious committee reports describing in defense of this unconscionable, lying opportunity to debate, characterize, and these amendments use neutral and ob- report of the committee. It was said on criticize each other’s views, committees jective terms. The same is true of the the floor of the House last week that have a ministerial, institutional responsi- amendment descriptions prepared by the question is one of intent versus ef- bility to accurately report the proceedings of the majority staff on the Committee on fect. My amendment was very simple. committee activities; Rules as well as the majority staff on It said that grandparents and adult sib- Whereas the vote captions published in the Republican Conference. lings of the person getting the abortion House Report 109–51 appear to be purpose- fully inaccurate and misleading, and there- I cannot agree with the contention should not be subject to the provisions fore belittle the dignity of the House and un- that the obligation should have been of the bill. It was reported as: ‘‘Mr. dermine the integrity of the proceedings of on the Members to draft these amend- NADLER offered an amendment to pro- the House; and ments more narrowly. The amend- vide sexual predators an exemption Whereas this unprecedented manipulation ments were drafted in a careful and from the provisions of the bill if they of a traditionally nonpartisan portion of a straightforward manner as they have were adult siblings or grandparents.’’ committee report constitutes an abuse of been for each of the last four Con- The fact is in the entire debate over power by the majority of the Committee on gresses. The duty should not be on us that amendment, in fact, in the entire the Judiciary: Now, therefore, be it Resolved, That the House of Representa- to exclude categories of persons who debate over all of the amendments, all tives— have nothing to do with the underlying of which were characterized as dealing (1) finds that the Committee on the Judici- amendment. with sexual predators, in the debate in ary purposefully and deliberately Let me close by stating that the ma- the committee over those five amend- mischaracterized the above-mentioned votes jority will not control this body for- ments, no one, no one in the majority, in House Report 109–51; and ever. There will come a time when no one in the minority mentioned the (2) directs the chairman of such committee members of another party are the ones words ‘‘sexual predators.’’ No one in to report to the House a supplement to House Report 109–51 that corrects the record interpreting the rules, writing the the committee debate said this amend- by describing the five amendments with non- committee reports, and explaining the ment might protect sexual predators. argumentative, objective captions. amendments. Whoever controls this It did not occur to anybody. So on that The SPEAKER pro tempore. The res- body tomorrow or next year, we will all level the report is dishonest, and the olution presents a question of the be better off today if we do not rewrite chairman or whoever else had anything privileges of the House. each other’s words or disparage each to do with it owes this body an apol- Under rule IX, the gentleman from other’s intentions. ogy. Michigan (Mr. CONYERS) and the gen- I support this privileged resolution Mr. SENSENBRENNER. Mr. Speak- tleman from Wisconsin (Mr. SENSEN- and urge the rest of my colleagues to er, will the gentleman yield? BRENNER), as the designee of the major- do the same. Mr. NADLER. I yield to the gen- ity leader, each will control 30 min- Mr. Speaker, I reserve the balance of tleman from Wisconsin. utes. my time. Mr. SENSENBRENNER. Mr. Speak- The Chair recognizes the gentleman Mr. SENSENBRENNER. Mr. Speak- er, I would refer the gentleman to the from Michigan (Mr. CONYERS). er, I reserve the balance of my time. statement made by the gentleman from

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2770 CONGRESSIONAL RECORD — HOUSE May 3, 2005 Ohio (Mr. CHABOT) that is on the bot- Mr. CONYERS. Mr. Speaker, can we If an amendment were offered to a tom of page 84 which talks about the inquire of the distinguished chairman bill that would make it a Federal potential of sexual predators. of the Committee on the Judiciary, crime to commit terrorist acts and an Mr. NADLER. Mr. Speaker, reclaim- who has not used any of his time yet, offered amendment would exclude con- ing my time, that is not with respect how many speakers he has? duct by, for example, taxi drivers, then to my amendment. That was with re- Mr. SENSENBRENNER. Mr. Speak- that amendment would allow a taxicab spect to another amendment. That was er, we have five speakers. driver to commit terrorist acts without with respect to a different amendment. Mr. CONYERS. Mr. Speaker, I re- being prosecuted. That would be an ac- In respect to my amendment, which serve the balance of my time. curate description of such an amend- was characterized as dealing with sex- Mr. SENSENBRENNER. Mr. Speak- ment. In the very same way, those who ual predators, nobody mentioned the er, I yield myself such time as I may happen to drive taxi cabs or work in words ‘‘sexual predators’’ or raised consume. the business of professional transpor- that. Mr. Speaker, last week, the House tation should not be free to commit It has also been said that the intent overwhelmingly passed H.R. 748, the statutory rape and transport a minor may have been not with sexual preda- Child Interstate Abortion Notification across State lines to get an abortion tors; the intent may have been grand- Act, by a bipartisan vote of 270 to 157. without telling one of the girl’s par- parents and siblings, but could a grand- One of the primary purposes of that ents. And brothers, uncles, or God- parent or a sibling be a sexual pred- common sense legislation is to prevent parents should not be allowed to com- ator? In that eventuality this would sexual abusers from taking vulnerable mit incest and then transport a young protect sexual predators. young girls across State lines for an girl across State lines to get an abor- Yes, in that eventuality the amend- abortion without telling the girl’s par- tion so evidence of their crimes are de- ment would protect sexual predators. ents. stroyed without telling one of the girl’s But, of course, the bill itself said that At the Committee on the Judiciary parents about the abortion. There is the parents could sue, the parents markup on this bill, some Members of- nothing inaccurate with describing could sue the doctor who performs the fered amendments that would have cre- amendments that would do just that in abortion or the person who transports ated blanket exclusions from the just that way. the minor. But the parent could be a criminal prohibitions in the legislation The incidence of statutory rape in sexual predator. The pregnancy could without any exceptions for those who this country is shocking. As a recent have been caused by rape or incest. would commit statutory rape or incest. presentation given at a U.S. Depart- This would give the sexual predator the The loopholes those amendments would ment of Health and Human Services right to profit from his own predation. have created could be exploited by the Conference on the Sexual Exploitation I, in fact, offered a motion to recom- very sexual predators; that is, those of Teens showed, of minor girls’ first mit to correct that defect in the bill, who would exploit vulnerable young sexual experiences, 13 percent con- but the majority voted it down. Why, I girls and commit statutory rape or in- stitute statutory rape. Further, the do not know. But they voted it down cest whose conduct the bill is designed younger a sexually experienced teen is, because apparently they wanted sexual to bring to light. Those amendments the more likely they are to experience predators, in the unlikely event that were accurately described in the com- statutory rape. Of sexually experienced the parent was a sexual predator, to be mittee report. All of the amendments teens age 13 or younger, 65 percent ex- able to sue. There is no other interpre- offered would have carved out excep- perienced statutory rape. Of those age tation possible. 14, 53 percent experienced statutory tions that could be exploited by sexual But, as I said last week, if someone rape. Of those age 15, 41 percent experi- predators who sought to destroy evi- wanted to say on the floor of the House enced statutory rape. And also, blacks dence of their crimes by secretly tak- or in the committee, as no one did in and Hispanics are much more likely to ing a minor without her parent’s the committee, that one has not antici- experience statutory rape. Creating knowledge to another State to have an pated the rare eventuality that a blanket exclusions in the bill for large abortion. grandparent would be a sexual predator categories of people would create a The amendments offered by the mi- and maybe they should amend the huge loophole in the legislation that nority would have created those blan- amendment, that would have been a statutory rapists could exploit. ket exclusions for certain large classes fair comment. Fair comment in a de- Regarding family incest, one recent of people who are not a minor’s par- bate. It is not a fair characterization of Law Review article summarized the re- ents. Those classes of people were the amendment. search regarding the prevalence of sex- There is a clear difference between ‘‘taxicab drivers, bus drivers, or others ual conduct among siblings as follows: expressing views in a debate and saying in the business of professional trans- ‘‘Brother-sister sexual contact may be that one’s amendment could be used by port;’’ ‘‘clergy, Godparents, aunts, un- five times as common as father-daugh- a sexual predator under certain cir- cles, or first cousins of a minor;’’ and ter incest.’’ A survey of 796 New Eng- cumstances, which might be a fair ‘‘grandparents or adult siblings.’’ land college students revealed that 15 If any of the people described in the comment. It would be fair comment to percent of females had a sexual experi- amendments offered became involved say those circumstances are so rare ence with a sibling. Further, among with a minor in a sexually abusive that we do not have to worry about those reporting sexual abuse, the inci- way, they would have been flatly ex- them or they are right or whatever. It dence of abuse by cousins ranges from cluded from the criminal prohibitions is different. It is different, it is dis- 10 percent to 40 percent among various of H.R. 748, one of the primary purposes honest, it is a disgusting rape of the studies; and 4.9 percent of women re- of which is to prevent sexual predators rules of this House to characterize the port an incestuous experience with an from continuing to abuse minors unde- amendment in a one-sentence report uncle before age 18; and 16 percent of tected. That purpose is reviewed exten- that this was an amendment dealing rape victims are raped by relatives sively in the committee report in an with sexual predators. No, it was not. other than their father. entire section entitled ‘‘CIANA Pro- It would be just as dishonest as if we Carving out exceptions to the crimi- tects Minor Girls From Sexual As- reported the bill and said this was a nal prohibitions of H.R. 748 for adult sault.’’ The amendments offered at the bill to allow sexual predators to sue siblings, cousins, and uncles would not Committee on the Judiciary markup doctors. protect young girls who are made vic- were directly contrary to a primary tims of incest by their adult siblings, b 1745 purpose of the legislation. If the pro- cousins, or uncles. The gentleman from Wisconsin (Mr. ponents of this resolution only under- Further, pregnancy as a result of all SENSENBRENNER) and everybody associ- stood that preventing sexual abusers these crimes is all too common. As one ated with this owes an apology to the from continuing to abuse a minor girl Pennsylvania court has pointed out, House and a correction to the Amer- without a parent’s knowledge is a pri- ‘‘25 percent of incest victims become ican people. mary purpose of H.R. 748, they would pregnant. The ratio is greater among Mr. SENSENBRENNER. Mr. Speak- understand why the descriptions of victims of incest than those of rape be- er, I reserve the balance of my time. their amendments are what they are. cause incestuous conduct is usually

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2771 long-term and progressive, whereas tention to include derogatory and inac- parental rights, which H.R. 748 pro- rape is usually a one-time occurrence.’’ curate captions in House report 109– tects, are not the rights of the slave Another amendment offered at the 51.’’ I have done nothing of the sort, of owner. They are rights of loving and Committee on the Judiciary markup of course, and that statement is entirely caring people: parents, who deserve a H.R. 748 accurately described the false, as I have explained already. The chance to work with their children amendment as ‘‘creating an additional text of the resolution also claims that through difficult times and express layer of Federal court review that ‘‘the Committee on the Judiciary pur- their love to their children in their could be used by sexual predators to es- posefully and deliberately children’s moments of greatest need. cape conviction under the bill.’’ That mischaracterized the votes’’ at the The Fugitive Slave Act was a cata- statement is true. That amendment Committee on the Judiciary markup. lyst for the Civil War, whereas the would have created an opportunity for That too is false. Indeed, the tallies of Child Interstate Abortion Notification a sexual predator to escape conviction the votes cast are accurately set out in Act passed with overwhelming bipar- if they could make a showing to a Fed- simple table form in the committee re- tisan support in the 109th Congress by eral court that the judicial bypass pro- port for all to see. a vote of 270 to 157, including 54 Demo- visions of the State law were somehow Further, the resolution contains no crats who voted for the legislation. ineffective or somehow violated con- allegation whatsoever that any Rules America’s parents should not be con- fidential information related to a mi- of the House of Representatives were sidered slave owners and their children nor’s pregnancy. violated, even in spirit, because such is slaves. America’s parents are caring, If a sexual predator made a showing obviously not the case, even to the au- loving mothers and fathers who simply to the court of either of these issues, thors of the resolution. want to know when someone else, any- neither of which would expose the pred- Finally, I offered to amend the text one else is taking their own daughter ator’s crimes, then that sexual pred- of the descriptions of the amendments across State lines for an abortion. ator would completely evade the re- offered in the sections of the com- Now, when I hear statements that quirements of H.R. 748, which are de- mittee report entitled ‘‘vote of the equate America’s parents with slave signed to expose sexual predators and committee,’’ provided that those who owners and statements that equate prevent future sexual abuse. offered the amendments acknowledged America’s children to slaves, I will tell The final amendment offered was that, due to the way they were drafted, it as it is. again accurately described in the com- they opened the bill up to the harmful b 1800 mittee report as an amendment that consequences of allowing sexual preda- And when an amendment is offered would have exempted from prosecution tors to exploit the loopholes such that would allow a sexual predator to under the bill ‘‘those who aid the amendments would create in the bill. exploit a loophole in the bill directly criminals who could be prosecuted Instead of admitting the obvious, and contrary to that bill’s purpose, I will under the bill.’’ That is true as well. having the committee report amended also tell it as it is. That amendment would have excluded to their liking, and moving on, they re- Now, with all of these facts, I would from the bill anyone who did not com- fused to do that because, for some rea- suggest we put this issue to rest and be mit an offense in the first degree. The son, they felt they could benefit from thankful that the House passed, in an consequences of adopting that amend- extending the debate on this issue. overwhelmingly bipartisan fashion, a ment would have been to allow anyone The minority had ample time to in- bill that would protect the funda- who aided or abetted a criminal who clude dissenting views in the com- mental rights of parents and the safety ran afoul of the criminal prohibitions mittee report, and they did so. For ex- of our minor daughters everywhere. of H.R. 748 to instead get off scot-free. ample, the minority views state that Mr. Speaker, I reserve the balance of In sum, the effect of the amendments the Child Interstate Abortion Notifica- my time. offered as described in the committee tion Act is ‘‘overtly hostile to fami- Mr. CONYERS. Mr. Speaker, I yield report would have been to exempt cab lies.’’ The minority views in the com- 45 seconds to the gentleman from New drivers, other professional trans- mittee report also describe the legisla- York (Mr. NADLER). porters, and certain relatives who are tion as ‘‘antiphysician and Mr. NADLER. Mr. Speaker, it is not parents, from the criminal prohibi- antifamily.’’ Further, the gentleman amazing to me that the chairman of tions of H.R. 748, and that would have from New York (Mr. NADLER), over the the committee continues to smear prevented the parents from knowing years during which this bill has been other Members of the House on this when those perpetrators of statutory debated, including this year, has gone floor. The bill says nothing about sex- rape or incest were secretly taking so far as to claim that H.R. 748 is akin ual predators. The words sexual pred- their children across State lines for an to the Fugitive Slave Act of 1850, which ator or abusers do not appear in the abortion to destroy evidence of their required the return of slaves to their bill, number 1. crimes. owners in other States. Number 2, by the chairman’s logic Now, to be clear, all of the descrip- As the committee report describes, any bill on the floor of the House that tions of the amendments in the com- the gentleman from New York (Mr. gives veterans benefits or gives edu- mittee report are descriptions of the NADLER) stated, ‘‘It seems to me what cational benefits, gives benefits to sex- amendments and not of the intent of this bill is, is really akin to the Fugi- ual predators as long as it does not spe- anyone offering the amendments. tive Slave Act of the 1850s where you cifically exclude them; and any such These brief descriptions do not impugn are enabling one State in the south, bill could be fairly described as a bill the integrity or motivation of any which had slavery, to reach over into to give benefits to sexual predators. Member offering the amendment; they another State and say, we want our Number 3, I did use that language simply describe the consequences, re- slave back.’’ And that is at page 56 of that the chairman quoted about the gardless of intention, of the amend- the committee report. And, at the Fugitive Slave Act, but I was not com- ments. The description of the amend- Committee on the Judiciary markup of paring parents to slave owners. I was ments in the committee report were all H.R. 748 on April 13, 2005, the gen- saying that the two bills were similar phrased in the conditional; that is, tleman from New York (Mr. NADLER) in that both would use, and that was in they make it clear that the loopholes stated, ‘‘This bill is the only situation the quote, both would use the power of created by the amendments as written that I can think of since the Fugitive the Federal Government to export the could be used by sexual abusers of vul- Slave Act of the 1850s where we have a laws of one State into another, and all nerable minors, and could be exploited young person carry the law of one of these things are opinions. Opinions by certain people if those people sexu- State on his back like a cross to an- are fine in the views. They are not fine ally abused vulnerable minors. other State, to enforce the law of the in the reports of the amendment. That The text of the privileged resolution first State in the second State where it is where the smear is. before us is patently false. The resolu- is not the law.’’ That is at page 81. Mr. CONYERS. Mr. Speaker, I am tion states that the chairman of the The statement of the gentleman from pleased to yield 2 minutes to the gen- Committee on the Judiciary ‘‘Ex- New York (Mr. NADLER) directly tleman from Wisconsin (Mr. OBEY), a plained that it was his purpose and in- equates parents with slaveholders. But senior Member in the House.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2772 CONGRESSIONAL RECORD — HOUSE May 3, 2005 Mr. OBEY. Mr. Speaker, I very much a Federal crime for a taxicab driver to tunity to be involved in their daugh- respect the gentleman from Wisconsin take a young woman who gets in a cab ters’ medical decisions. (Mr. SENSENBRENNER); we are friends and says, take me to the abortion clin- CIANA accomplished this, both these and have been for 30 years. ic so I can get an abortion. purposes, first by making it a criminal I voted for the bill that precipitated If the taxicab driver complied with offense to transport a minor across this debate. I voted with the gentleman that task, he would be committing a State lines in order to obtain an abor- for that bill. But this debate is not Federal crime. Now, even if he were not tion in another State and avoiding a about that bill, and it is not about the prosecuted, there is a civil liability parental notification law in that State. issue of sexual predators. It is about provision in the bill which exposes the The second purpose is accomplished whether or not we can trust each other cab driver and through the principles by requiring that a parent or legal to deal with each other with fairness of agency, the entire cab company, to guardian is notified that an abortion is and with accuracy. It is about whether civil liability by the parents of the going to be performed on their daugh- or not the majority will use its power young woman who find out how she got ter. The bill was carefully crafted to to unilaterally mischaracterize any ef- to the clinic. prevent those who do not have the mi- fort by any Member of the minority. So let me read my amendment: ‘‘The nor’s best interests, and more than I served a long time ago, and so did prohibitions of this section shall not likely they have already committed the gentleman from Wisconsin (Mr. apply with respect to conduct of taxi- statutory rape or incest, from being SENSENBRENNER), with a fellow by the cab drivers, bus drivers or others in the able to destroy critical evidence name of Bill Steiger. He was one of the business of professional transport.’’ through an abortion. great Members in the history of this However, the report in the markup Statistics demonstrate that the inci- House. filed by the majority described the dent of statutory rape is occurring He spent a great deal of time trying amendment thusly: ‘‘Mr. SCOTT offered with increasing frequency. Moreover, to ensure that the CONGRESSIONAL an amendment that would have ex- the number of incest cases is becoming RECORD accurately reflected what each empted sexual predators from prosecu- all too prevalent. The amendments and every Member said and did on this tion if they are taxicab drivers, bus that are at issue here that were offered House floor. I think we owe it to his drivers or others in the business of pro- during the full Judiciary Committee memory and the memory of others who fessional transport.’’ markup would have broadened the cat- fought the same battle, to remember, Now, I will let the public decide egories of individuals who could be ex- as this resolution says, that it is the whether or not that is a distortion. I empted from the bill’s reach, thus in- long and established practice in the believe that it is. But I would just say creasing the likelihood that these pro- House for reports to describe recorded that if a prosecutor has evidence that a visions could be exploited. votes with objective, nonargumen- person is a sexual predator, the last For example, the amendments of- tative captions. thing they would do would be to go to fered to exempt taxicab drivers, as has I agree with this resolution that the this provision of the code, which is a been mentioned, bus drivers, and oth- committee majority departed from misdemeanor, rather than the various ers in the business of public transport, that practice by captioning these five felonies that they could prosecute the clergy, godparents, aunts, uncles, first amendments with inflammatory cap- person for. cousins of the minor, grandparents or tions. There is enough skill on the part The amendment does not immunize a adult siblings, it would have given any of the majority staff of the Judiciary sexual predator from the crimes of of those individuals who may be sexu- Committee to describe any amendment being a sexual predator, just the provi- ally abusing a young girl, in essence, a offered by any Member in a non-pejo- sions of this transportation provision safe harbor, thus defeating the primary rative, non-argumentative way. which is just a misdemeanor. purpose of CIANA. It is difficult to avoid the conclusion Now, Mr. Speaker, let me just say, in The characterizations of the amend- that the language used was intended to any event, whatever you think of the ments, as reflected in the committee hurt the Member who offered it, not to bill, this distortion obviously speaks to report, accurately describe the safe provide an accurate description; and I character; but in my view, the descrip- harbor that would be afforded to abu- do think the committee owes the mi- tions in the committee report and the sive men through the amendments of- nority an apology. distortion of those amendments, par- fered. Mr. SENSENBRENNER. Mr. Speak- ticularly the one I just described, say Now, was that the intention of the er, how much time is left on each side? more about the character of the person proponents of the amendments? Cer- The SPEAKER pro tempore (Mr. responsible for describing the amend- tainly not. But could it be the result, if KLINE). The gentleman from Wisconsin ment that way and the character of the amendments had passed? Yes, it (Mr. SENSENBRENNER) has 15 minutes those trying to defend the distortion, could. The American people over- remaining, and the gentleman from than it does about my amendment. whelmingly support laws that require Michigan (Mr. CONYERS) has 19 minutes I would therefore, Mr. Speaker, hope parents to be notified before a minor remaining. that we would pass the resolution so has an abortion. Mr. SENSENBRENNER. Mr. Speak- that the House will not be on record as In March 2005, 75 percent of 1,500 reg- er, I reserve the balance of my time. condoning such misrepresentations. istered voters indicated their support Mr. CONYERS. Mr. Speaker, I yield 3 Mr. SENSENBRENNER. Mr. Speak- for parental notification laws. The fun- minutes to the distinguished gen- er, I yield 3 minutes to the gentleman damental rights of parents in parental tleman from Virginia (Mr. SCOTT). from Ohio (Mr. CHABOT), the chairman notification laws are supported by Su- Mr. SCOTT of Virginia. Mr. Speaker, on the Subcommittee on the Constitu- preme Court precedent. Amendments I thank the gentleman for yielding me tion. that alter and allow these laws to be time. Mr. CHABOT. Mr. Speaker, I thank exploited should have been defeated, I rise in support of the resolution. the gentleman for yielding me time. and they were. H.R. 748, the Child Interstate Abortion Last Wednesday this House passed I urge my colleagues to defeat this Notification Act, makes it illegal to H.R. 748, the Child Interstate Abortion resolution. transport a minor across State lines Notification Act, CIANA. It was a bi- Mr. CONYERS. Mr. Speaker, I am for the purposes of getting an abortion. partisan vote. It was 270 to 156; 63 per- pleased now to yield 3 minutes to the Now, transport is not defined in the cent of this House voted for this bill. gentlewoman from Texas (Ms. JACK- bill. And as was mentioned before, 54 Demo- SON-LEE), a member of the Judiciary When the Judiciary Committee crats, almost two-thirds of this House Committee. marked up the bill, I offered an amend- voted for this bill. (Ms. JACKSON-LEE of Texas asked ment which said simply that we should Now, enacting CIANA was critical. It and was given permission to revise and exempt taxicab drivers and others in is very, very important to better pro- extend her remarks.) the business of professional transport tect young girls from falling prey to Ms. JACKSON-LEE of Texas. Mr. from the transportation provisions of abusive boyfriends and older men and Speaker, I particularly want to thank the bill, because as written, it would be ensuring that parents have the oppor- the distinguished gentleman from

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Mr. Speaker, I thank truth. Members of the House. the chairman for yielding me time. Frankly, the amendments that were Mr. Speaker, I rise in strong support of the Mr. Speaker, I am really dis- offered, there is no language whatso- resolution introduced by the Gentleman from appointed that we have descended to ever that would equate to the descrip- Michigan, the distinguished Ranking Member this level because I have some great tion that was in the final report or the of the Committee on the Judiciary, from where friends that I admire on the other side. report of the particular committee. the underlying legislation was initially reported. The ranking member from Michigan is In fact, as the resolution reads, al- In introducing this resolution, he has at- somebody who has had a distinguished though it is the long and established tempted to ‘‘set the record straight’’ with re- career and I appreciate him. I appre- practice on House reports to describe spect to House Report 109–51 and the way ciate the other Members who have spo- recorded votes with objective, non- that it has been patently malreported and ma- ken tonight and I respect them. I have argumentative captions, the Com- ligned the authors of amendments to H.R. enormous respect for the gentleman mittee on the Judiciary majority de- 748, the Child Interstate Abortion Notification from Wisconsin (Mr. SENSENBRENNER). parted from the practice in House Re- Act of 2005. We serve on a committee which is port 109–51 by captioning those five Rule IX, paragraph (1) of the House Rules not a fluff committee. It often has, as amendments with inflammatory, inac- states that: the gentleman from Michigan (Mr. curate captions, implying that these Questions of privilege shall be, first, those CONYERS) knows, some very controver- three Members of Congress were engag- affecting the rights of the House collec- sial issues. And we typically deal with ing in criminal behavior. tively, its safety, dignity, and the integrity of its proceedings; and second, those affect- these issues as ladies and gentlemen Let me tell you that my constituents ing the rights, reputation, and conduct of with the highest respect for one an- said to me, we are glad that you are Members, Delegates, or the Resident Com- other, even though we often vehe- concerned about grandparents and cler- missioner, individually, in their representa- mently disagree. gy. That is what the amendment was tive capacity only. One thing we know is that last week, about. And the inaccuracy subjected This resolution was properly and justifiably the United States House of Representa- the Members, the gentleman from Vir- introduced because, in this case, the privi- tives overwhelmingly, on a bipartisan ginia (Mr. SCOTT), the gentleman from leges of ‘‘dignity’’ and ‘‘the integrity of [the basis, passed House Resolution 748, the New York (Mr. NADLER), and myself, to House’s] proceedings’’ have been patently vio- Child Interstate Abortion Notification ridicule, and, of course, disparaging re- lated. To purposefully misreport the good-faith Act. marks in newspaper articles around the amendments that have been offered by Mem- One thing we know is that the pur- Nation. bers of this venerable House debases the na- pose of this bill was to prevent sexual Now, in the course of debate, we wel- ture and trustworthiness of the House Report. abusers from taking vulnerable young come the ability to debate passionately After this debacle, Members will have to scan girls across State lines for the purpose about these issues. We welcome the committee reports with a fine-toothed comb— of abortion without telling that young media’s criticism about the accuracy not for substantive value, but for accuracy and lady’s, young woman’s mom or dad. of the work that we do in this body. veracity of their reporting value. This is the Support for parental notification as But what we do not welcome is a direct diminution of the dignity of the process. This we know is widely supported amongst mischaracterization of these actual is the diminution of the integrity of the House. the American public. As a matter of words that were being written and put My distinguished colleagues have joined to fact, in the State of Florida, which I forward in the debate in the Judiciary introduce this resolution in order to make it respect, the people of Florida, amended Committee. clear to the American people that we do not And so I would ask my colleagues to our Constitution in 2004 and over- associate ourselves with the misreported por- whelmingly passed an amendment to support this resolution, because, again, tions of House Report 109–51. I plan to offer our Constitution that provides as fol- as you get up time after time to debate a similar resolution that speaks specifically to lows, ‘‘The legislature is authorized to the underlying bill, Mr. Speaker, this the nature of the misreporting of amendments require by general law for notification is not the issue. The issue is, in the re- that I offered during the Committee markup of to a parent or guardian of a minor be- port, you mischaracterized three Mem- H.R. 748. bers of Congress whose language did One point that my resolution will make is fore termination of the minor’s preg- not say anything about what you rep- that House Report 109–51 not only improperly nancy.’’ resented it to be: Nothing about crimi- made negative inferences as to the import and Now, Mr. Speaker, the Judiciary, nal behavior, simply to protect the intent of my amendments, but it combined two during its mark-up which I partici- rights of grandparents and clergy, sim- distinct and separately-offered amendments pated in considered several amend- ply to protect the rights of those who into one. ments. I have to say that the gen- innocently might be carrying individ- In terms of the personal privileges violated tleman from Virginia (Mr. SCOTT), the uals across State lines. by the report, the misreporting—and the gentleman from New York (Mr. NAD- I cannot imagine, in the history of malreporting of the amendments offered by LER) who spoke, the gentlewoman from this Congress, why an amendment of- my colleagues Mr. SCOTT, Mr. NADLER, and Texas (Ms. JACKSON-LEE) are people fered by JACKSON-LEE that had to do me affected our rights, reputation, and con- that I respect enormously for their pas- with a GAO study turned out to be duct. As founder and Chair of the Congres- sion for their beliefs. They offered criminal behavior, or an amendment sional Children’s Caucus, a report that cites amendments. There is nothing in the that had to do with clergy and grand- an amendment offered by me that would ex- committee report that disparages any parents turned out to be criminal be- empt sexual predators from liability is at the of the intentions of these Members. havior. very least offensive. The committee report does describe Mr. SENSENBRENNER, I would simply My constituents and the constituents of my the effect of some of the amendments ask, in the sense of comity, colleagues do read House Reports, and the that are offered. collegiality, respect, that this be clari- nefarious language that the Chairman avers There is a huge difference between fied and you ask your colleagues to as representative of his true intentions should accurately describing the effect of an support this privileged resolution, be- be highlighted as contrary to the ideals on amendment and ascribing ill motives cause the members of the Judiciary which this House, this government, and this to the people who offered the amend- Committee must go back to Room 2141 nation were established. ments. These are people of great will, in Rayburn and sit down and address ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of great determination, of great pas- the laws of this land and the Constitu- The SPEAKER pro tempore. The sion, of great belief but we disagree. tion of the United States of America. Chair will remind all Members to And as the chairman said, there is no

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We may vote and disagree in com- interpret, in this particular case, the gan (Mr. CONYERS), the distinguished mittee, but when the report is issued it substance and the intent of a series of ranking member said, there was not a is supposed to be objective. This insti- amendments made to the bill we voted whole lot of discussion about some of tution must uphold this established on last week. these amendments and that is try. Not practice of describing a committee I have great respect for the chairman because we did not understand the mark-up in an accurate and objective of the committee. He is a fair and hon- ramifications. We understood the ef- manner so that history is accurately est man, and he has worked hard to de- fect. I did not speak at all because if documented and reported for genera- fend the jurisdiction of the committee. every one of the members of the Com- tions to come. Unfortunately, that is And what has been done here with this mittee on the Judiciary spoke for 5 not what happened last week when the majority report in that context is a minutes on each amendment as we are Committee on the Judiciary reported tremendous disappointment to me. It entitled, we would never get through H.R. 748 to the House floor with the essentially left us with no recourse but our business protecting children who committee report, House Report 109–51. to bring a motion like this to the floor are impregnated by people that molest Republicans that ruled the Com- of the House. them. mittee on the Judiciary To create the absurd situation and And so we knew what we were voting mischaracterized five Democratic then characterize the result of a par- on and the job of the committee staff is amendments in an extremely dispar- ticular amendment by that absurd sit- to describe the effect of the amend- aging and distorting manner. When uation does not do any justice or any ment, not the debate. That is what the alerted to the misleading and inac- service to this process, to this institu- CONGRESSIONAL RECORD does. That is curate description of the amendment in tion, or to our committee. what our ability when we insert lan- the committee report, they refused to We depend, we in the minority de- guage into the RECORD does. It is not correct the mischaracterization. pend on a process that relies on hon- the job of the committee staff. Here is something I can say that esty and good faith and the duties and As the chairman said, my friend from would be true about H.R. 748. The bill those duties, I truly believe, were New York (Mr. NADLER) has frequently could permit a father who raped his breached in the case of this report. compared this bill to the Slave Holders daughter to profit in a lawsuit against The minority has regarded to file its Protection Bill in the 1850s. It is a very his minister. That is a true thing about dissenting views without the benefit of different story to protect parents and that bill. It is an argument against the having to have seen the report which minor children that have been abused, bill. But no one expects that argument they are dissenting. That is inherently sexually and molested and impregnated against the bill to substitute for the an illogical system, but we have gone than comparing that to the rights of name of the bill in the committee re- along with it, but when something like slave holders. port. this happens, it raises serious ques- Comparing the rights of parents is In prior Congresses, Democratic tions about the legitimacy of that par- something that Americans are for. Pro- amendments like these were described ticular process. tecting the rights of slave holders is in neutral terms. The vote last week I think a great wrong has been done something Americans are against. And was about H.R. 748. The vote this week to several Members of this body by vir- to compare that I think is very unfair. is about arrogance and abuse of power tue of the way the majority has char- I will say that the gentleman from and ignoring the rules. acterized this amendment. I think New York (Mr. NADLER) is somebody I The Republicans changed the ethics those characterizations should be with- respect a great deal, but the effect of rules when they were afraid they might drawn. I think an apology should be his amendment did not shield anybody not work for them at the beginning of made to them, and I urge the passage that might have been an abuser or a this Congress, and we are all watching of this motion. molester of these children. the other body looking about changing Mr. SENSENBRENNER. Mr. Speak- With that, I ask respectfully that the the rules relative to filibuster because er, I yield 3 minutes to the gentleman gentleman withdraw this motion. We it suits their purpose and now this. from Iowa (Mr. KING). can get back together and agree when We, including the chairman of the Mr. KING of Iowa. Mr. Speaker, I we can. But, by golly, we would ask the committee, each have a duty to uphold thank the chairman for yielding me gentleman from Michigan (Mr. CON- the integrity of this institution. We time on this important issue. YERS) to withdraw this privileged mo- must not play politics with the records The stated purpose of the Child Inter- tion. of history. The majority should live by state Abortion Notification Act is to Mr. CONYERS. Mr. Speaker, I yield the rules and precedents of the House. protect the health and safety of young myself 10 seconds. I want my friend, a The House cannot function if the ma- girls by allowing parental involvement member of the Committee on the Judi- jority uses its raw power to corrupt the when their home States have thought ciary, the gentleman from Florida (Mr. record of the proceedings. it appropriate to require such involve- FEENEY) to understand it is not about Mr. SENSENBRENNER. Mr. Speak- ment. anything in the debate that took place er, I reserve the balance of my time. As a general rule, no one has a young to which we were objecting. It is about Mr. CONYERS. Mr. Speaker, I yield 2 girl’s best interest at heart more than the entitlement of the amendments minutes to the gentleman from Cali- her parents. Where this rule is not the which were totally misconstrued. fornia (Mr. BERMAN), a member of the case, the law allows for judicial bypass Mr. Speaker, I yield 3 minutes the House Committee on the Judiciary. of the parental involvement require- gentlewoman from California (Ms. ZOE Mr. BERMAN. Mr. Speaker, I thank ments. Therefore, the amendments in- LOFGREN), a member of the committee. the gentleman from Michigan (Mr. troduced by the Democrats in the Com- Ms. ZOE LOFGREN of California. Mr. CONYERS) for yielding me time. mittee on the Judiciary are unneces- Speaker, I rise to defend the integrity I see the logic of the majority. If sary. Moreover, these amendments are of the House this evening. The estab- they were commenting on the Bill of dangerous. lished practice of the House regarding Rights, the fourth amendment is an As my distinguished Committee on committee reports is to accurately and amendment designed to quash evidence the Judiciary colleagues have ex- objectively describe the proceedings coming from an unlawful search and plained, the health and safety of these when a bill is considered in committee. seizure that could allow the conviction young girls is not protected by pro- These reports are historical products of sexual predators. The fifth amend- viding a blank exemption for those who that are used to understand and deter- ment gives sexual predators the right may have sexually abused them. That mine the intent of a bill, opposition to to protect themselves from self-in- is precisely what these amendments

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did. They provided blanket exclusions 2, makes any materially false, ficti- (Mr. CONYERS) has 51⁄2 minutes remain- with open doors for sexual predators to tious or fraudulent statement or rep- ing, and the gentleman from Wisconsin exploit to cover up their crimes. resentation; or, 3, makes or uses any (Mr. SENSENBRENNER) has 5 minutes re- Far too often, the adults trans- false writing or document, knowing the maining. porting these minors across State lines same to contain any materially false, Mr. CONYERS. Mr. Speaker, I yield 1 to circumvent their home State’s pa- fictitious or fraudulent statement or minute to the distinguished gentleman rental involvement laws are grown men entry, shall be fined under this title or from North Carolina (Mr. WATT), a who have sexually preyed upon the imprisoned not more than 5 years or member of the committee. girls. We have heard those statistics both.’’ Mr. WATT. Mr. Speaker, I am really delivered by the chairman. b 1830 saddened today, and I am not sure To exempt certain classes which whether I am more disappointed be- characteristics show are highly likely The Committee on Rules discovered cause of the mischaracterization of the to be sexual predators would gut the last week that the Committee on the amendments in the committee report intent of this bill, to protect the health Judiciary report on the Child Inter- or whether I am more saddened by the and safety of young girls. The descrip- state Abortion Notification Act, au- fact that the members of a committee tions of the amendments in the com- thored by the majority staff, in con- on which I have served now for 13 years mittee report only describe the poten- flict obviously to the United States would be here on the floor defending Code, contained amendment sum- tial effects of the amendments if they the characterization that was put in maries that had been rewritten by the had been adopted. They do not describe the committee’s report. staff for the sole purpose of distorting the motives of those offering the I would just hope that we can get the the original intent of the authors. I amendments as has been stated. committee to file an amended report have to admit I was livid. The minority had the opportunity to that clears this up and we can put this I was certain it must have been an include dissenting views in the com- behind us and go on. This is saddening, oversight because I could not imagine mittee report and they did. And those that the Committee on the Judiciary, and if we cannot get that, I think it dissenting views do characterize the of all things, or the Committee on the would be a really, really sad com- motives of those who supported this Judiciary chairman, whom I have mentary on this institution and what legislation. known for 18 years, would stand by a our committee has sunk to in this Con- It has already been spoken to as the committee report that would so deeply gress. remarks by the gentleman from New mischaracterize and falsify the intent Mr. SENSENBRENNER. Mr. Speak- York (Mr. NADLER) with regard to the of several amendments offered by Dem- er, I yield 2 minutes to the gentleman Fugitive Slave Act, and so I would just ocrat members of the committee. from Indiana (Mr. HOSTETTLER). say this, that I am amazed that this At least five amendments to the bill, (Mr. HOSTETTLER asked and was subject was brought up. I am amazed designed to protect the rights of family given permission to revise and extend that the minority wants to have a na- members and innocent bystanders from his remarks.) tional debate over this subject matter. prosecution, were completely rewritten Mr. HOSTETTLER. Mr. Speaker, When I look at these exemptions and to make as though it was the original while I am not an attorney, it is my exclusions, this open door, cabdrivers, intent of the authors. This is a shock- understanding that the perfect defense bus drivers, professional transport peo- ing abuse of power, and it must not for a charge of libel is the truth. ple, clergy, godparents, grandparents, stand. We have heard no discussions today adult siblings, aunts, uncles, brothers, The fact is that the Republican ma- about the substance of the descriptions sisters, not the family cat, not the jority must do the right thing here in the committee report, and that is family dog, but everything else you can today. They must give us a new com- because the descriptions of the effects imagine including the pizza delivery mittee report containing the proper of the amendments in the committee boy are exemptions from this bill. captions so that it accurately reflects report were accurate. If those amendments had all gone on the intentions of the authors. Further- Contrast that with the dissenting the bill, it would have been gutted in more, I think the chairman of the com- views the minority attached to the the bill and it would have gone down mittee owes those Members an apology committee report. For example, the because I would have voted against it for soiling their reputation in the minority views state that the Child and so would the rest of us in the ma- names of partisan politics. Interstate Abortion Notification Act is jority. To falsely rewrite the intent of ‘‘overtly hostile to families.’’ The mi- I think it is clear the result of the amendments submitted by another nority dissenting views in the com- position that is taken here. What is not Member, to intentionally distort its de- mittee report also describe the legisla- clear is the motive as to why we would scription is unacceptable. No Member tion as ‘‘anti-physician and anti-fam- want to have a national debate to talk should go through what our colleagues ily.’’ this over again when we clearly under- have had to go through. None of us Now, 270 Members of the House voted stand that we are trying to protect the should have our reputations dragged for legislation that the minority views rights of parents, not the rights of through the mud. stated was ‘‘overtly hostile to fami- grandparents, aunts, uncles, brothers, It is absolutely arrogant of this ma- lies.’’ Fifty-four Members of the other sisters and siblings. jority to believe that they can tamper side of the aisle, the Democrat Party, Mr. CONYERS. Mr. Speaker, I yield with official congressional documents voted for that bill. Surely there is no myself 5 seconds. for political purposes. It is absolutely comparison between stating that I tell my dear friend who just left the arrogant, and the American people will broadly supported legislation, designed well, we are not here to debate the bill. not be pleased with it. It is an affront to protect parental rights and the We debated the bill in committee. We not only to those of us in the House but health and safety of young women, is debated it on the floor. We are talking to the American people and to history, ‘‘overtly hostile to families’’ and accu- about the titles in the section that Mr. Speaker; and unless it is amended, rately describing the consequences of were mislabeled. I am sure that we will see these again poorly drafted amendments to the leg- Mr. Speaker, I yield 21⁄2 minutes to in the form of campaign attack mail islation. the gentlewoman from New York (Ms. pieces, and honorable, hardworking Further, the gentlewoman from New SLAUGHTER), the ranking member of Members of this Congress will be for- York (Ms. SLAUGHTER) who we heard the Committee on Rules. ever branded. No wonder we have a from earlier in her press release last Ms. SLAUGHTER. Mr. Speaker, let lack of civility in this House. week referred to a conspiracy to ‘‘false- me begin by quoting from Section 1001, Mr. SENSENBRENNER. Mr. Speak- ly rewrite the intent of an amend- Title 18 of the United States Code that er, I reserve the balance of my time. ment.’’ also applies to the legislative branch. Mr. CONYERS. Mr. Speaker, how First, there was no rewriting. The ‘‘Anyone knowingly and willfully fal- much time remains on each side? majority of the committee, in describ- sifies, conceals or covers up by any The SPEAKER pro tempore (Mr. ing offered amendments, do not cut and trick, scheme or device a material fact; KLINE). The gentleman from Michigan paste any description of an amendment

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What matters is step back here for a moment, Mr. fully, respect for that diversity of opin- not what is in the mind of a Member Speaker, and ask myself why the inten- ion, which is intrinsic to our democ- offering an amendment. It is what the sity of this debate. I would have to step racy. text of the amendment offered would back and say that respectfully I would Mr. Speaker, I am very sad that it is mean if it were made a part of the bill. submit that maybe it is about the necessary to come to the floor to speak Describing the effects of an amend- foundational issue here of abortion be- on a resolution offered by the gen- ment as it where is not the same as de- cause if we were not talking about the tleman from Michigan (Mr. CONYERS), scribing the subjective intent of the surgery of abortion, there would be no again the distinguished ranking mem- person offering the amendment. debate here. No one would say it is not ber on the Committee on the Judiciary. A committee report should do the all right to take a young girl across I think it is important to note why former, not the latter, because what the State line for an appendectomy. we are here. I understand why our Re- matters at the end of the day are the That would be an outrageous discus- publican colleagues want to talk about actual words on the page of a bill. sion. the bill and not talk about this privi- Mr. CONYERS. Mr. Speaker, I am It really is about this whole notion of leged resolution, because this resolu- pleased to yield 11⁄4 minutes to the gen- abortion, and I do not understand the tion strikes right directly to the heart tlewoman from New York (Mrs. intensity completely, but I believe it of our democracy and our right of free- LOWEY). has something to do with the con- dom of speech on this floor and how Mrs. LOWEY. Mr. Speaker, in my 16 science in all of us collectively that we our words are interpreted. years in office, I have seldom seen such are beginning to realize that somehow, Questions of privilege, according to a blatant disregard for the truth. What as Americans, we are bigger than abor- the House rules and manual, Mr. occurred in this body last week during tion on demand; that 40 million dead Speaker, as I am sure the Speaker well the consideration of the bill should be children is enough; and that somehow knows, questions of privilege shall be an embarrassment to every Member of we need to start asking the real ques- those affecting the rights of the House this Congress. To purposely tion. The real questions is, does abor- collectively, its safety, dignity and the mischaracterize amendments offered tion take the life of a child? If it does integrity of its proceedings. It is that during committee consideration of a not, it is a nonissue. If it does, then we last point, the integrity of our pro- bill is simply outrageous, and quite are in the midst of the greatest human ceedings, which is what is under as- frankly, it sets a dangerous precedent. holocaust in the history of humanity. sault by the Republicans in this action Many of us have different views and I think somehow we collectively in that they took last week. Truth and even deep disagreements about the im- our hearts understand that, and there- trust, they are the fundamentals of our portant issues we consider in this insti- fore, it creates all this acrimony on the work. We must speak truth so that we tution, but we should be using the finer points; but the real abuse of will be trusted. power of debate to resolve those dif- power is that this body has the power I view what the Committee on the ferences. Instead, the majority is using to protect these little babies, and in- Judiciary leadership did on this bill as parliamentary gimmicks and delib- stead, we are debating the finer points just another extension of the abuse of erate mischaracterizations to mis- in a committee report, and I am power of the Republican majority in represent the intentions of other Mem- ashamed of that. the Congress of the United States, both bers of this body. I pray that somehow we can get to in the House and in the Senate. The official record exists to record the point where we can come together In both bodies, and let us just speak the views and actions of the partici- and not have to look back. The Fugi- to our own, there is an attempt to pants of the debate, not to editorialize tive Slave Act was a perfect example. limit the opportunity for Members to and inflame the debate. To go so far as We looked back and said how did we let speak on the floor, to have substitutes, to change the descriptions of amend- that happen. That was an acrimonious alternative amendments, that can ments, to use an official document to debate, too. There was a little thing come to the floor; and on the occasions mislead the American people about al- called the Civil War over it. when they do allow an amendment, ternatives suggested by the minority is We do not need to proceed down that they decide to misrepresent the amend- a gross abuse of power by the majority, line. Somehow may compassion and ment. Just when we think we have seen and it is just not honest. If we allowed the simple truth prevail here. it all on the part of curbing debate in this or similar action by either party Mr. CONYERS. Mr. Speaker, may I this House, the Republicans not only to go unchecked, if we let this happen ask the chairman of the committee curb the debate; they decide what it is now, it will almost certainly happen how many speakers he has remaining. that we said and what it is that we again. Mr. SENSENBRENNER. If the gen- wrote in our amendments that we were The Congress can do better. The tleman will yield, just me to close. putting forth. American people certainly deserve bet- Mr. CONYERS. Mr. Speaker, I am The disgusting misrepresentations ter, and I urge my colleagues on both pleased to yield 1 minute to the gentle- that were advanced by the Republicans sides of the aisle to support this impor- woman from California (Ms. PELOSI), demand an apology by the chairman of tant resolution. our minority leader. the committee and a pledge by the Re- Mr. SENSENBRENNER. Mr. Speak- Ms. PELOSI. Mr. Speaker, I thank publican leadership in this House that er, I yield 2 minutes to the gentleman the distinguished ranking member, the this will never happen again; that this from Arizona (Mr. FRANKS). lead Democrat on the Committee on will never happen again. Mr. FRANKS of Arizona. Mr. Speak- the Judiciary, for yielding me time, er, I thank the gentleman from Wis- and for his great leadership to protect b 1845 consin (Mr. SENSENBRENNER) for the and defend the Constitution of the We must be mindful of a standard we time. United States, the oath of office that must uphold, not only for ourselves, Mr. Speaker, my comments prepared we all take. but for the American people, to con- for now had essentially to do with the I, too, want to express my respect for duct ourselves at all times in a manner point that has been made already here the gentleman from Wisconsin (Mr. which shall reflect credibly on the many times. Carving out exceptions to SENSENBRENNER), the distinguished House of Representatives. In doing so, the criminal prohibitions of H.R. 748 chairman of the committee. I know the House must maintain the integrity for adult siblings, for cousins and un- that all the members of the Committee of all of its proceedings, as the rules of cles would not protect young girls who on the Judiciary have a difficult task. the House dictate in the House Rules are made victims of incest by those I commend all of the members of the and Manual.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2777 What happened last week to the gen- to this House and the blatant abuse of Mr. CONYERS. Mr. Speaker, I yield tleman from New York (Mr. NADLER), position as the chairman of the Com- myself the balance of my time. the gentleman from Virginia (Mr. mittee on the Judiciary. Mr. Speaker, we have been called SCOTT), and the gentlewoman from This is, in my view, an aberration for here today to raise a question of the Texas (Ms. JACKSON-LEE) was an out- the gentleman from Wisconsin (Mr. privileges of the House. A very serious rage. An official report that the major- SENSENBRENNER). As I said, many of us, matter. A prerogative rarely used by ity of the Committee on the Judiciary while we may disagree on issues, have the Members of the House of Rep- prepared to the legislation at hand de- held him in great esteem and respect. resentatives. But we have to deal with liberately and purposely He is an articulate spokesperson for his the mischaracterizations of the titles mischaracterized their amendments in point of view. But his point of view is of the amendments, which is what this a manner that was insulting and derog- not necessarily the point of view of ev- debate is about. atory. eryone in this body, and his point of It is incredible to me that the case of Again, no wonder the Republicans do view should not be the description of the other side is so weak that all they not want to talk about what is on the the amendments that Members in the can do is continue to talk about the floor right now, which is a privileged minority are presenting to the Con- bill itself. We are not here to debate resolution addressing the gross abuse gress. The leadership has a responsi- H.R. 748, we are here to talk about the of power of the Republicans. We had bility to ensure that this will not hap- power and the abuses of the majority tried to say at meetings, and the gen- pen again. party that sets the agenda, that writes tleman from Michigan (Mr. CONYERS) I want to commend all the Members the reports, and that entitles the tried to get an agreement with the ma- of the Committee on the Judiciary amendments submitted to the members jority that they would change the once again, Republicans and Democrats of the Committee on the Judiciary. record and apologize; to admit that alike. I think you have a very chal- The amendment titles of three mem- there was something wrong with what lenging task. I want to particularly bers were twisted and distorted and happened last week, and that would commend the gentleman from Michi- their meaning was rendered so that the have made a difference in bringing this gan (Mr. CONYERS), and the people who entitlement of the amendment was not, resolution to the floor. But, no, there were offended by this, though all of us indeed, accurate. I believe the majority was no admission that there was any- were, but particularly in terms of the has failed the Congress but, more im- thing wrong with misrepresenting, not retelling of their amendments, the gen- portantly, the American people. telling the truth about what was con- tleman from New York (Mr. NADLER), Now, what we are doing here right tained in those amendments. the gentleman from Virginia (Mr. now is hoping to raise this question of Administrative functions, such as re- SCOTT), the gentlewoman from Texas the privileges of the House regarding porting of amendments and descrip- (Ms. JACKSON-LEE). the blatant abuse of power; Repub- tions of these amendments, relate to Mr. Speaker, I will conclude by licans’ mischaracterizing the descrip- the integrity, again, of the proceedings thanking the gentleman from Michigan tion of numerous Democratic amend- of the House and must be fairly de- (Mr. CONYERS) for his courage, because ments, when some of the amendments scribed. If there is a controversy, then it takes a degree of courage to bring a had been considered in previous Con- you go to the maker of the amendment privileged resolution to this floor when gresses. These are the same amend- and say, what is it, how would you you know there will be a continuation ments that were properly entitled in characterize your amendment, you who of a misrepresentation of what hap- other Congresses. are the maker of the amendment? But pened last week. We are doing this not So it is with great reluctance that I no, we had placed our trust that the because of this bill, we are doing this come before you to ask that we make majority would fairly describe some- because it is our responsibility to have sure this never happens again; that thing as administrative as an amend- an honest reflection of the proceedings this deliberate mischaracterization of ment offered by a Member. of the House. I urge our colleagues to amendments be stopped here and now; In short, this should not even be an support the resolution of the gen- that it does not happen and that the issue we need to be reviewing and scru- tleman from Michigan (Mr. CONYERS). chairman of the Committee on the Ju- tinizing. If this were to pass without Mr. SENSENBRENNER. Mr. Speak- diciary issue a supplemental report and discussion, think of the precedent that er, I yield myself the balance of my apologize to the House of Representa- it would create; that the majority, on a time. tives. Support the resolution. regular and repeated basis, could use Mr. Speaker, contrary to what the MOTION TO TABLE OFFERED BY MR. their power and abuse their power to distinguished minority leader said, I SENSENBRENNER write any characterization of any offered to file a supplemental com- Mr. SENSENBRENNER. Mr. Speak- amendment that anyone made. Its sim- mittee report. However, in order to do er, I move to table the resolution. ply wrong. so, I asked that the authors of the The SPEAKER pro tempore (Mr. The behavior exhibited by the Repub- amendment admit that the amendment KLINE). The question is on the motion lican majority with the Committee on did not specifically exclude the sexual offered by the gentleman from Wis- the Judiciary report flies in the face of predators from the exemptions they consin (Mr. SENSENBRENNER) to lay the the comity and civility and honesty proposed. That offer was refused by the resolution on the table. that we should all strive for. It is a fur- minority side of the aisle. The question was taken; and the ther reflection, again, of the abuse of The committee report does accu- Speaker pro tempore announced that power we have seen here. It is an em- rately state that sexual predators are the ayes appeared to have it. barrassment to the House. not carved out of the exemptions that Mr. CONYERS. Mr. Speaker, on that I was deeply disappointed to learn were proposed. It is not a misrepresen- I demand the yeas and nays. that the chairman of the Committee on tation. It accurately shows that the The yeas and nays were ordered. the Judiciary has refused to apologize authors of the amendment did not The SPEAKER pro tempore. Pursu- on his own accord. Our rules, Mr. draft those amendments as narrowly as ant to clause 8 of rule XX, this 15- Speaker, are our best defense. They are they should have. And when we vote on minute vote on tabling H. Res. 253 will what make the debate and the democ- legislation, we vote on what is on the be followed by a 15-minute vote on sus- racy work. As I said, Mr. Speaker, you plain text of the piece of paper, not on pending the rules and adopting H. Res. even see in this close on this important what the author of an amendment in- 228. debate that there is an interest in stop- tended to do. The vote was taken by electronic de- ping the conversation. I hope that the I do not like to see this resolution vice, and there were—yeas 220, nays Speaker and the Republican leadership come before us, but what I will say is 196, not voting 17, as follows: will reflect on their obligations to the that we were accurate, and if you do House, and indeed, to all the Members not want this to happen again, draft [Roll No. 151] of both parties, and that they will ask your amendments properly. YEAS—220 the chairman of the Committee on the Mr. Speaker, I yield back the balance Aderholt Alexander Baker Judiciary to apologize for the affront of my time. Akin Bachus Barrett (SC)

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2778 CONGRESSIONAL RECORD — HOUSE May 3, 2005 Bartlett (MD) Goode Norwood Holt Meeks (NY) Sanchez, Loretta OBSERVING 30TH ANNIVERSARY Barton (TX) Goodlatte Nunes Honda Melancon Sanders OF FALL OF THE REPUBLIC OF Bass Granger Nussle Hooley Menendez Schakowsky Beauprez Graves Osborne Inslee Michaud Schiff VIETNAM TO THE COMMUNIST Bilirakis Green (WI) Oxley Israel Millender- Schwartz (PA) FORCES OF NORTH VIETNAM Bishop (UT) Gutknecht Paul Jackson (IL) McDonald Scott (GA) Blackburn Hall Pearce Jackson-Lee Miller (NC) Scott (VA) The SPEAKER pro tempore. The Blunt Harris Pence (TX) Miller, George Serrano pending business is the question of sus- Boehlert Hart Peterson (PA) Jefferson Mollohan Sherman pending the rules and agreeing to the Johnson, E. B. Moore (KS) Boehner Hastings (WA) Petri Skelton resolution, H. Res. 228, as amended. Bonilla Hayes Pickering Jones (OH) Moore (WI) Slaughter Bonner Hayworth Pitts Kanjorski Moran (VA) Smith (WA) The Clerk read the title of the resolu- Bono Hefley Platts Kaptur Murtha Snyder tion. Boozman Hensarling Poe Kennedy (RI) Nadler Solis The SPEAKER pro tempore. The Boustany Herger Pombo Kildee Napolitano Spratt Kilpatrick (MI) Neal (MA) question is on the motion offered by Bradley (NH) Hobson Porter Stark Kind Oberstar Brady (TX) Hoekstra Price (GA) Strickland the gentleman from Nebraska (Mr. Brown (SC) Hostettler Pryce (OH) Kucinich Obey Stupak FORTENBERRY) that the House suspend Brown-Waite, Hulshof Putnam Langevin Olver Tanner Ginny Hunter Radanovich Lantos Ortiz the rules and agree to the resolution, Tauscher Burgess Hyde Ramstad Larsen (WA) Owens H. Res. 228, as amended, on which the Taylor (MS) Burton (IN) Inglis (SC) Regula Lee Pallone Thompson (CA) yeas and nays are ordered. Buyer Issa Rehberg Levin Pascrell The vote was taken by electronic de- Calvert Istook Reichert Lewis (GA) Pastor Thompson (MS) Camp Jenkins Renzi Lipinski Payne Tierney vice, and there were—yeas 416, nays 0, Cannon Jindal Reynolds Lofgren, Zoe Pelosi Towns not voting 17, as follows: Lowey Peterson (MN) Udall (CO) Cantor Johnson (IL) Rogers (AL) [Roll No. 152] Capito Johnson, Sam Rogers (KY) Lynch Pomeroy Udall (NM) Carter Jones (NC) Rogers (MI) Maloney Price (NC) Van Hollen YEAS—416 Markey Vela´ zquez Castle Keller Rohrabacher Rahall Abercrombie Clyburn Gonzalez Marshall Visclosky Chabot Kelly Ros-Lehtinen Rangel Ackerman Coble Goode Matheson Wasserman Chocola Kennedy (MN) Royce Reyes Aderholt Cole (OK) Goodlatte Matsui Schultz Coble King (IA) Ryan (WI) Ross Akin Conaway Gordon McCarthy Waters Cole (OK) King (NY) Ryun (KS) Rothman Alexander Conyers Granger McCollum (MN) Watson Conaway Kingston Saxton Roybal-Allard Allen Cooper Graves McDermott Watt Cox Kirk Schwarz (MI) Ruppersberger Andrews Costa Green (WI) McGovern Waxman Crenshaw Kline Sensenbrenner Rush Baca Costello Green, Al McIntyre Weiner Cubin Knollenberg Sessions Ryan (OH) Bachus Cox Green, Gene McKinney Wexler Cunningham Kolbe Shadegg Sabo Baird Cramer Grijalva McNulty Woolsey Davis (KY) Kuhl (NY) Shaw Salazar Baker Crenshaw Gutierrez Meehan ´ Wu Davis, Jo Ann LaHood Sherwood Sanchez, Linda Baldwin Crowley Gutknecht Meek (FL) Davis, Tom Latham Shimkus T. Wynn Barrett (SC) Cubin Hall Deal (GA) LaTourette Shuster Barrow Cuellar Harman DeLay Leach Simmons NOT VOTING—17 Bartlett (MD) Cummings Harris Dent Lewis (CA) Smith (NJ) Biggert Diaz-Balart, M. Otter Barton (TX) Cunningham Hart Doolittle Lewis (KY) Smith (TX) Brown (OH) Edwards Shays Bass Davis (AL) Hastings (FL) Drake Linder Sodrel Clay Fattah Simpson Bean Davis (CA) Hastings (WA) Dreier LoBiondo Souder Culberson Hoyer Beauprez Davis (IL) Hayes Duncan Lucas Stearns Walsh Davis (FL) Johnson (CT) Weldon (FL) Becerra Davis (KY) Hayworth Ehlers Lungren, Daniel Sullivan Diaz-Balart, L. Larson (CT) Berkley Davis (TN) Hefley Emerson E. Sweeney Berman Davis, Jo Ann Hensarling English (PA) Mack Tancredo Biggert Davis, Tom Herger Everett Manzullo Taylor (NC) b 1919 Bilirakis Deal (GA) Herseth Feeney Marchant Terry Bishop (GA) DeFazio Higgins Ferguson McCaul (TX) Thomas Ms. WOOLSEY and Messrs. Bishop (NY) DeGette Hinchey Fitzpatrick (PA) McCotter Thornberry RUPPERSBERGER, SERRANO, Bishop (UT) Delahunt Hinojosa Flake McCrery Tiahrt Blackburn DeLauro Hobson Foley McHenry Tiberi SMITH of Washington and Blumenauer DeLay Hoekstra Forbes McHugh Turner BUTTERFIELD changed their vote Blunt Dent Holden Fortenberry McKeon Upton from ‘‘yea’’ to ‘‘nay.’’ Boehlert Dicks Holt Fossella McMorris Walden (OR) Boehner Dingell Honda Foxx Mica Wamp Mr. WELLER changed his vote from Bonilla Doggett Hooley Franks (AZ) Miller (FL) Weldon (PA) ‘‘nay’’ to ‘‘yea.’’ Bonner Doolittle Hostettler Frelinghuysen Miller (MI) Weller Bono Doyle Hulshof Gallegly Miller, Gary Westmoreland So the motion to table was agreed to. Boozman Drake Hunter Garrett (NJ) Moran (KS) Whitfield The result of the vote was announced Boren Dreier Hyde Gerlach Murphy Wicker Boswell Duncan Inglis (SC) Gibbons Musgrave Wilson (NM) as above recorded. Boucher Ehlers Inslee Gilchrest Myrick Wilson (SC) Boustany Emanuel Israel Gillmor Neugebauer Wolf A motion to reconsider was laid on the table. Boyd Emerson Issa Gingrey Ney Young (AK) Bradley (NH) Engel Istook Gohmert Northup Young (FL) Brady (PA) English (PA) Jackson (IL) f Brady (TX) Eshoo Jackson-Lee NAYS—196 Brown (SC) Etheridge (TX) Abercrombie Cardin Dingell Brown, Corrine Evans Jefferson Ackerman Cardoza Doggett PERMISSION TO FILE CON- Brown-Waite, Everett Jenkins Allen Carnahan Doyle FERENCE REPORT ON H.R. 1268, Ginny Farr Jindal Andrews Carson Emanuel EMERGENCY SUPPLEMENTAL Burgess Feeney Johnson (CT) Baca Case Engel Burton (IN) Ferguson Johnson (IL) Baird Chandler Eshoo APPROPRIATIONS ACT FOR DE- Butterfield Filner Johnson, E. B. Baldwin Cleaver Etheridge FENSE, THE GLOBAL WAR ON Buyer Fitzpatrick (PA) Johnson, Sam Barrow Clyburn Evans TERROR, AND TSUNAMI RELIEF, Calvert Flake Jones (NC) Camp Foley Jones (OH) Bean Conyers Farr 2005 Becerra Cooper Filner Cannon Forbes Kanjorski Cantor Ford Kaptur Berkley Costa Ford Mr. LEWIS of California. Mr. Speak- Berman Costello Frank (MA) Capito Fortenberry Keller Berry Cramer Gonzalez er, I ask unanimous consent that the Capps Fossella Kelly Bishop (GA) Crowley Gordon managers on the part of the House may Capuano Foxx Kennedy (MN) Bishop (NY) Cuellar Green, Al have until midnight tonight to file the Cardin Frank (MA) Kennedy (RI) Blumenauer Cummings Green, Gene Cardoza Franks (AZ) Kildee Boren Davis (AL) Grijalva conference report to accompany the Carnahan Frelinghuysen Kilpatrick (MI) Boswell Davis (CA) Gutierrez bill, H.R. 1268. Carson Gallegly Kind Carter Garrett (NJ) King (IA) Boucher Davis (IL) Harman The SPEAKER pro tempore (Mr. Boyd Davis (TN) Hastings (FL) Case Gerlach King (NY) Brady (PA) DeFazio Herseth KLINE). Is there objection to the re- Castle Gibbons Kingston Brown, Corrine DeGette Higgins quest of the gentleman from Cali- Chabot Gilchrest Kirk Butterfield Delahunt Hinchey fornia? Chandler Gillmor Kline Capps DeLauro Hinojosa Chocola Gingrey Knollenberg Capuano Dicks Holden There was no objection. Cleaver Gohmert Kolbe

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2779 Kucinich Ney Sensenbrenner namese Americans to American society departed from this practice in House Kuhl (NY) Northup Serrano over the past three decades.’’. Report 109–51 by captioning these five LaHood Norwood Sessions Langevin Nunes Shadegg A motion to reconsider was laid on amendments with inflammatory, inac- Lantos Nussle Shaw the table. curate captions; Larsen (WA) Oberstar Shays f Whereas, when Representative SEN- Latham Obey Sherman SENBRENNER, the Chairman of the Com- LaTourette Olver Sherwood PERSONAL EXPLANATION Leach Ortiz Shimkus mittee on the Judiciary, was asked Lee Osborne Shuster Mr. LARSON of Connecticut. Mr. Speaker, I about this language and given the op- Levin Owens Simmons would like to submit this statement for the portunity to correct it, both in the Lewis (CA) Oxley Skelton RECORD and regret that I could not be present Lewis (GA) Pallone Slaughter Committee Rules and on the House Lewis (KY) Pascrell Smith (NJ) today, Tuesday, May 3, 2005 to vote on roll- floor, he instead explained that it was Linder Pastor Smith (TX) call vote Nos. 151 and 152 due to a family his purpose and intention to include Lipinski Paul Smith (WA) medical emergency. these derogatory and inaccurate cap- LoBiondo Payne Snyder Lofgren, Zoe Pearce Sodrel Had I been present, I would have voted: tions in House Report 109–51; Lowey Pelosi Solis ‘‘No’’ on rollcall vote No. 151 on the motion to Whereas, committee reports are offi- Lucas Pence Souder table H. Res. 253, the Conyers Resolution cial congressional documents to which Lungren, Daniel Peterson (MN) Spratt Raising a Question of the Privileges of the American citizens will refer when seek- E. Peterson (PA) Stark Lynch Petri Stearns House; ‘‘yea’’ on rollcall vote No. 152 on H. ing to interpret the bills they accom- Mack Pickering Strickland Res. 228—Observing the 30th anniversary of pany; Maloney Pitts Stupak Manzullo Platts the fall of the Republic of Vietnam to the Com- Whereas, although the committee Sweeney munist forces of North Vietnam. markup and reporting process gives Marchant Poe Tancredo Markey Pombo Tanner f Members ample opportunity to debate, Marshall Pomeroy Tauscher characterize, and criticize each other’s Matheson Porter Taylor (MS) ANNOUNCEMENT OF INTENTION TO Matsui Price (GA) views, committees have a ministerial, Taylor (NC) OFFER RESOLUTION RAISING McCarthy Price (NC) Terry institutional responsibility to accu- McCaul (TX) Pryce (OH) QUESTION OF PRIVILEGES OF Thomas rately report the proceedings of com- McCollum (MN) Putnam THE HOUSE Thompson (CA) McCotter Radanovich mittee activities; Thompson (MS) McCrery Rahall Mr. NADLER. Mr. Speaker, I offer a Whereas, under the procedures of the Thornberry McDermott Ramstad resolution raising a question of the Tiahrt Committee on the Judiciary, the mi- McGovern Rangel Tiberi privileges of the House. nority must submit its dissenting McHenry Regula Tierney The SPEAKER pro tempore. The gen- McHugh Rehberg views to the majority without having McIntyre Reichert Towns tleman may give notice. the opportunity to review the report; McKeon Renzi Turner Mr. NADLER. Mr. Speaker, I give no- Udall (CO) Whereas, the majority has the oppor- McKinney Reyes tice of this resolution and that it will tunity to review the minority’s dissent McMorris Reynolds Udall (NM) McNulty Rogers (AL) Upton be brought up as soon as the rules per- before filing its report; Meehan Rogers (KY) Van Hollen mit. Whereas, earlier versions of H.R. 748 ´ Meek (FL) Rogers (MI) Velazquez The SPEAKER pro tempore. The gen- Visclosky were reported by the Committee on the Meeks (NY) Rohrabacher tleman must read the form of the reso- Melancon Ros-Lehtinen Walden (OR) Judiciary on three separate occasions Menendez Ross Wamp lution and then ask for unanimous con- and in each case, these amendments, or Mica Rothman Wasserman sent. similar amendments, were described in Schultz Michaud Roybal-Allard Mr. NADLER. Mr. Speaker, by the these earlier committee reports with Millender- Royce Waters McDonald Ruppersberger Watson form, does the Speaker mean the text? objective, nonargumentative captions; Miller (FL) Rush Watt The SPEAKER pro tempore. The gen- Whereas, this unprecedented manipu- Miller (MI) Ryan (OH) Waxman tleman may ask unanimous consent to lation of a traditionally nonpartisan Miller (NC) Ryan (WI) Weiner dispense with the reading. Miller, Gary Ryun (KS) Weldon (PA) portion of a committee report con- Miller, George Sabo Weller Mr. NADLER. Mr. Speaker, I do not stitutes an abuse of power by the ma- Mollohan Salazar Westmoreland ask that unanimous consent. jority of the Committee on the Judici- Moore (KS) Sa´ nchez, Linda Wexler Will the Clerk read the resolution? ary; Moore (WI) T. Whitfield The SPEAKER pro tempore. The gen- Moran (KS) Sanchez, Loretta Wicker Whereas, a report of a committee of- Moran (VA) Sanders Wilson (NM) tleman must read the resolution. fers the majority and minority the op- Murphy Saxton Wilson (SC) Mr. NADLER. ‘‘Whereas the Com- portunity to provide their views and Musgrave Schakowsky Wolf mittee on the Judiciary conducted a interpretations of the legislation, Myrick Schiff Woolsey Nadler Schwartz (PA) Wu markup of the bill H.R. 748, the ‘‘Child amendments, and issues; Napolitano Schwarz (MI) Wynn Interstate Abortion Notification Act,’’ Whereas, the section of a committee Neal (MA) Scott (GA) Young (AK) on Wednesday, April 13, 2005, and or- report required by clause 3(b) of Rule Neugebauer Scott (VA) Young (FL) dered the bill reported on that same XIII was purposely misused as an op- NOT VOTING—17 day; portunity to comment on, or charac- Berry Diaz-Balart, M. Otter Whereas the Committee on the Judi- terize, the amendments; and Brown (OH) Edwards Simpson ciary subsequently reported H.R. 748 to Whereas the vote captions published Clay Fattah Sullivan the House on Thursday, April 21, 2005, in House Report 109–51 appear to be Culberson Hoyer Walsh Davis (FL) Larson (CT) Weldon (FL) with an accompanying report des- purposefully inaccurate and mis- Diaz-Balart, L. Murtha ignated House Report 109–51; leading, and reflect negatively on the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Whereas, during the markup of H.R. integrity of the Members offering the The SPEAKER pro tempore (Mr. 748, Representatives NADLER, SCOTT, amendments, and therefore belittle the KLINE) (during the vote). Members are and JACKSON-LEE offered in good faith dignity of the House and undermine advised there are 2 minutes remaining a total of five amendments to the bill, the integrity of the proceedings of the in this vote. all of which failed on party-line votes; House: Whereas, because Representatives Now, therefore, be it: b 1937 NADLER, SCOTT, and JACKSON-LEE Resolved, That the House of Rep- So (two thirds having voted in favor called for recorded votes on their resentatives thereof) the rules were suspended and amendments, under section 3(b) of Rule (1) finds that the Committee on the the resolution, as amended, was agreed XIII, the votes were published in House Judiciary purposefully and deliberately to. Report 109–51; mischaracterized the above-mentioned The result of the vote was announced Whereas, although it is the long and votes in House Report 109–51; and as above recorded. established practice in House reports (2) directs the chairman of such com- The title of the resolution was to describe recorded votes with objec- mittee to report to the House a supple- amended so as to read: ‘‘Resolution tive, nonargumentative captions, the ment to House Report 109–51 that cor- honoring the contributions of Viet- Committee on the Judiciary majority rects the record by describing the five

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2780 CONGRESSIONAL RECORD — HOUSE May 3, 2005 amendments with nonargumentative, HOUSE OF REPRESENTATIVES, peachment of a President, the passage objective captions.’’ OFFICE OF THE DEMOCRATIC LEADER, of the largest tax cut in history, and The SPEAKER pro tempore. Under Washington, DC, April 28, 2005. the Medicare prescription drug bill. rule IX, a resolution offered from the Hon. J. DENNIS HASTERT, As Kathryn turns the page and starts Speaker of the House, House of Representatives, floor by a Member other than the ma- Washington, DC. the next chapter of her life, I wish her jority leader or the minority leader as DEAR MR. SPEAKER: Pursuant to 44 U.S.C. well. I am grateful for the time she has a question of the privileges of the 2702, I hereby appoint Dr. Joseph Cooper of given us, and I look forward to enjoy- House has immediate precedence only Maryland, to the Advisory Committee on ing her friendship for many years to at a time designated by the Chair with- Records of Congress. come. With her departure, the House in 2 legislative days after the resolu- Best regards, loses one of its most dedicated and fin- tion is properly noticed. NANCY PELOSI. est public servants. Pending that designation, the form of f Fare thee well to Kathryn. the resolution noticed by the gen- COMMUNICATION FROM THE f tleman from New York (Mr. NADLER) CLERK OF THE HOUSE NATIONAL TEACHER DAY will appear in the RECORD at this point. The Chair will not at this point de- The SPEAKER pro tempore laid be- (Mr. BARROW asked and was given termine whether the resolution con- fore the House the following commu- permission to address the House for 1 stitutes a question of privilege. That nication from the Clerk of the House of minute and to revise and extend his re- determination will be made at the time Representatives: marks.) designated for consideration of the res- HOUSE OF REPRESENTATIVES, Mr. BARROW. Mr. Speaker, today on olution. OFFICE OF THE CLERK, National Teacher Day, I want to en- Washington, DC, May 3, 2005. f courage all my constituents and my Hon. J. DENNIS HASTERT, colleagues to take just a minute to REPORT ON RESOLUTION PRO- The Speaker, House of Representatives, Wash- ington, DC. thank those teachers who helped us get VIDING FOR CONSIDERATION OF where we are today, sometimes despite H.R. 366, VOCATIONAL AND TECH- DEAR MR. SPEAKER: Pursuant to the provi- sions of 44 U.S.C. 2702, I hereby appoint as a ourselves. NICAL EDUCATION FOR THE FU- member of the Advisory Committee on the For me those teachers included Ms. TURE ACT Records of Congress the following person: Moseley, Ms. Goodwyn, Ms. Rapley, Mr. BISHOP of Utah, from the Com- Susan Palmer, Aurora, IL. Ms. Hughes, and a host of others. But mittee on Rules, submitted a privi- With best wishes, Sincerely. the teacher I want to single out is Ms. leged report (Rept. No. 109–69) on the JEFF TRANDAHL, Bertha Musick. She just celebrated her Clerk. resolution (H. Res. 254) providing for 96th birthday, and she is still going consideration of the bill (H.R. 366) to f strong. amend the Carl D. Perkins Vocational ANNOUNCEMENT BY THE SPEAKER She was my 11th grade English teach- and Technical Education Act of 1998 to PRO TEMPORE er, and she was tough as nails. Every strengthen and improve programs day it was her job to hammer an under- The SPEAKER pro tempore. Pursu- under that Act, which was referred to standing and an appreciation of good ant to clause 8 of rule XX, proceedings the House Calendar and ordered to be English into the heads of an 11th grade on the three remaining motions to sus- printed. class full of thick-skulled teenagers. pend the rules will resume tomorrow. f Ms. Musick meant business. And f while she had a reputation for being REPORT ON RESOLUTION PRO- tough, every one of her students came VIDING FOR CONSIDERATION OF TRIBUTE TO KATHRYN LEHMAN to realize that her toughness was driv- H.R. 1185, FEDERAL DEPOSIT IN- (Ms. PRYCE of Ohio asked and was en by her devotion. Many of us under- SURANCE REFORM ACT OF 2005 given permission to address the House stood that at the time. All of us came Mr. BISHOP of Utah, from the Com- for 1 minute and to revise and extend to understand it over time. mittee on Rules, submitted a privi- her remarks.) 1945 leged report (Rept. No. 109–70) on the Ms. PRYCE of Ohio. Mr. Speaker, I b resolution (H. Res. 255) providing for rise to honor my departing chief of I cannot tell my colleagues how consideration of the bill (H.R. 1185) to staff, Kathryn Lehman. Kathryn has many times I have heard her describe reform the Federal deposit insurance faithfully served at the House Repub- how former students, who used to system, and for other purposes, which lican Conference for the last 2 years. think of her as the enemy, came back was referred to the House Calendar and She came well-equipped, having to her, sometimes many years later, to ordered to be printed. worked for the gentleman from Illinois thank her for being caring enough to (Speaker HASTERT) and Speaker Ging- f be tough. Not just caring enough about rich, the gentleman from Texas (Mr. her work, but caring enough about her REAPPOINTMENT AS MEMBER OF DELAY), and the gentleman from Wis- students; and they were right. ADVISORY COMMITTEE ON consin (Chairman SENSENBRENNER). Someone once defined an education RECORDS OF CONGRESS Kathryn is truly an American suc- as what you remember after you forget The SPEAKER pro tempore. Pursu- cess story. Born and raised in Pitts- 99 percent of what you learned in ant to 44 United States Code 2702, and burgh, she attended Oral Roberts Uni- school. What Ms. Musick taught me, the order of the House of January 4, versity and then put herself through and hundreds of other impressionable 2005, the Chair announces the Speak- law school. Kathryn came to the House youngsters, is the value of not giving er’s reappointment of the following Committee on the Judiciary and quick- in and not giving up. member on the part of the House to the ly found a home crafting some of the That is what defined a good teacher Advisory Committee on the Records of best legislation of the first 100 days of in Ms. Musick’s day, and that is what Congress: this majority in 1994. defines good teachers today, who are Mr. Timothy J. Johnson, While a rock-solid Republican, Kath- overworked, underpaid, and under- Minnetonka, Minnesota. ryn has enjoyed the friendship and re- appreciated. f spect of many people across the polit- So to Ms. Musick, at 99 years strong, ical spectrum. She has helped bridge I just want to say ‘‘thank you very COMMUNICATION FROM THE HON- the gap between ideological differences much.’’ ORABLE NANCY PELOSI, DEMO- for the good of the conference and, f CRATIC LEADER therefore, for the good of our country. The SPEAKER pro tempore laid be- She has helped us deal with some of THE HOUSE WILL MISS KATHRYN fore the House the following commu- the most challenging issues facing LEHMAN nication from the Honorable NANCY America in the last 15 years: the Re- (Mr. BLUNT asked and was given PELOSI, Democratic Leader: publican takeover of the House, the im- permission to address the House for 1

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2781 minute and to revise and extend his re- REAL ECONOMIC GROWTH FOR serve in our leadership. A number of marks.) AMERICA Members who we can see here today Mr. BLUNT. Mr. Speaker, I want to (Mrs. BLACKBURN asked and was recognize that she has not only the join my colleague and good friend, our given permission to address the House great sense of humor that has been rec- conference chairman, the gentlewoman for 1 minute and to revise and extend ognized already, but a great ability to from Ohio (Ms. PRYCE), in recognizing her remarks.) step back and see the big picture at a Kathryn Lehman as she leaves her Mrs. BLACKBURN. Mr. Speaker, time when many of us get tied up in work here after 15 years. America is on a really great economic the heat of the moment. That is some- We are dramatically benefited by the track right now. Since 2000, Congress thing that is a valuable, valuable asset people who help us do these jobs, and and this great Nation both have had to for this Congress and this Republican no one has been more involved in more contend with a recession, with ter- Conference. places over those 15 years than Kath- rorism, but we have dealt with this by Kathryn, we thank you, and we wish ryn has, working, as has already been enacting tax relief and working to de- you the very best. said, in the Speaker’s office, in the crease regulatory burdens on America’s f Conference office, in the whip’s office. workers. What we are seeing is real FAREWELL TO KATHRYN LEHMAN During the 4 years that I was the chief growth. (Mr. CANTOR asked and was given deputy whip, it was never quite clear Now, the first quarter of this year we permission to address the House for 1 to me whether Kathryn was working have seen a 3.1 percent growth in the minute and to revise and extend his re- for me or I was working for her, but I GDP. It is good and solid. To put it all marks.) always knew that we were all working in perspective, going back to October Mr. CANTOR. Mr. Speaker, I, too, to get our job done. and December of 2004, the fourth quar- rise this evening to bid farewell to an She is leaving now to go to Holland. ter of last year, look at what we had individual that I have come to know We recently lost a great former Mem- going on here. Germany, 1.5 percent over the last 4 years since I first start- ber of the Congress, our good friend growth, Italy and Japan both at eight- ed serving in this House. She is not Tiller Fowler, and Tillie would be tenths of one percent growth. During only a friend, she is a neighbor. She is pleased, I think, that Kathryn is filling that time, America had 3.9 percent an individual that I look to as a col- some of the gap that is left there by GDP growth. Do we know why? It is be- league and counsel. Tillie’s passing. cause we have fought to lower taxes As has been mentioned before, Kath- I am sure that our conference chair- and reduce burdensome regulation both ryn Lehman has been a critical asset to man will miss Kathryn. I know that together, while other nations have this institution over the length of her our conference will miss Kathryn on a kept raising their taxes and imposing career here. She has worked for the daily basis. I really do deeply and truly more regulation. majority leader when he was majority know that we will miss Kathryn’s wise What does this show? It tells us that whip. That is where I came to know counsel, her good judgment and, maybe if we want more of something, we tax her, and it is then that I began to see most of all, her reliable sense of it less, we regulate it less. humor. When things are the toughest the incredible addition she was to the and the challenges are the greatest, f leadership team of this House. She has provided tremendous insight Kathryn always had an understanding CONGRATULATIONS TO KATHRYN into not only the history of this insti- of how fortunate we all really were to LEHMAN be involved in that challenging mo- tution, but also to the intricacies of ment, to be making those decisions on (Mr. GOODLATTE asked and was the legislative process, and her ability the House Floor, to be part of this given permission to address the House to really grasp how to get things done great process in the greatest country for 1 minute.) in this town, and certainly in this in the world. Mr. GOODLATTE. Mr. Speaker, it is building. Kathryn, we will miss you. my pleasure to join the House Repub- So it is with much sentiment, I lican Conference chairman, the whip, think, that I say goodbye. I know it f and shortly the chief deputy whip and will not be a permanent goodbye. Kath- the vice chairman of our conference in ryn is one who is a true believer, and I IRAQ IS ANOTHER VIETNAM congratulating Kathryn Lehman on an could tell that when I first met her, (Ms. JACKSON-LEE of Texas asked outstanding career here in the Con- that she has the common sense and and was given permission to address gress and to wish her Godspeed as she conservative values that are really the House for 1 minute and to revise leaves this great institution and goes what make this country great. and extend her remarks.) out into the wide world to seek other I guess we could claim her as an Ms. JACKSON-LEE of Texas. Mr. challenges and opportunities. adopted Virginian. She lives in the leg- Speaker, as we acknowledge the 30th Kathryn has served the House of Rep- acy of those great public servants of anniversary of the conflict in Vietnam, resentatives longer than the vast ma- the 18th century that founded this Na- it is important to be reminded of the jority of the Members who serve here tion and that left us such a legacy to crisis in Iraq: 12,000 wounded soldiers, today. She has an incisive legal mind, contribute to our democracy, to stand 1,500 dead, 143 Iraqis and others killed and I came to know that many years up for the principles that we believe in. over this past weekend; no stated pol- ago when I was first elected to serve So Kathryn, I want to thank you for icy from this administration, and the here and had the privilege of being ap- all of your wise counsel. I will continue continuous flow of injured and fallen pointed to serve on the House Com- to seek that counsel. We will miss you soldiers coming home to loved ones. mittee on the Judiciary, where Kath- here in the House, but we wish you all Iraq is another Vietnam. Iraq de- ryn was serving as a counsel for the the best, and Godspeed. serves the attention of this Congress then senior member of the committee, f and of this administration. It is time the gentleman from Illinois (Mr. HYDE) now to address the fact that there were and shortly thereafter became chair- KATHRYN LEHMAN: A BEHIND- no weapons of mass destruction. man of the committee. THE-SCENES PROFESSIONAL Whether or not we are liberators, no Kathryn was the staff director and (Mr. KINGSTON asked and was given one seems to care. This government is chief counsel for the Subcommittee on permission to address the House for 1 in conflict. The Shiite government is the Constitution. She advised the gen- minute and to revise and extend his re- refusing to seek Sunnis. The insurgents tleman from Illinois (Chairman HYDE) marks.) will continue, the bloodshed will con- and subsequently Speaker Gingrich, Mr. KINGSTON. Mr. Speaker, several tinue, the hostages will continue. with regard to the procedures that the years ago, I went to a ribbon-cutting We must, we must have a solution to House needed to follow with regard to on a new road and the road had taken this terrible tragedy in Iraq. We are the very somber process of impeach- many, many years to build, yet all the not creating freedom; we are creating ment of a President of the United politicians who participated in the rib- terrorists. States. Since then, she has gone on to bon-cutting were newly-elected. But in

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2782 CONGRESSIONAL RECORD — HOUSE May 3, 2005 great political fashion, we all stood up Americans of this year, they will see working families to save the program. there and took the bows for it. That is 6.2 percent taken out of their paycheck But that is not all. That is not all the the rules of the game. to pay for their Social Security retire- President has in mind. Because, he Another part about that is you do ment. If they are self-employed, they said, this is based on the Pozen plan, not see the staff up there cutting the will see 12.4 percent taken out. That is some financial guru out there who he ribbon, taking the bows, getting the everyone who earns up to $90,000 every says is a Democrat. Who cares if he is applause. Kathryn Lehman is one of paycheck, day in day out they are pay- a Democrat or Republican. He is some those staff members who has not been ing that tax. rich guy, financial guy. And what Mr. in the forefront of the limelight and And in paying that tax, they will cre- Pozen proposed is you not only reduce yet, should. She has worked for every ate a $170 billion surplus to pay for fu- retirement benefits, you reduce sur- significant Republican leader in this ture retirement benefits for them- vivor’s benefits, and you reduce dis- House of Representatives for the last 10 selves. But, now, the President has re- ability benefits. years or more. Every critical decision vealed his true agenda. After talking That is what the President said he of this House, every major piece of leg- about privatization for months, some- endorses last week during his speech. islation was worked on on a team in thing which would, in fact, worsen the He is going to reduce middle-income which she was a staff member, any- financial condition of Social Security, retirees’ Social Security benefits 25 thing from the gentleman from Illinois he has now changed the debate to talk- percent. And if they should be so un- (Chairman HENRY HYDE) to the Speak- ing about how he is going to reduce the lucky as to become totally disabled, in- er of the House, Newt Gingrich, and, retirement benefits of middle-class capable of working, he is going to re- most recently, our conference Chair, Americans. duce their disability benefits by 25 per- the gentlewoman from Ohio (Ms. Now, things are a little bit different cent; or should they have even more PRYCE). The legislation that we moved from the President. I mean, we will dis- misfortune and die, their survivors will all had the invisible fingerprint of regard all of his unearned income and get a reduced benefit of 25 percent to, Kathryn Lehman. all of the things that he has been given quote, save the program. I, as vice chairman of the Republican and all of those earnings. Let us just The President is not done there, Conference, have had a chance to work talk about his salary, $400,000 as Presi- though. He is not only reducing sur- with her. I can tell my colleagues she dent of the United States. So that vivors benefits, retirement benefits, is intelligent, she is well versed, she is means that the President of the United disability benefits. He wants to push in the background, and she is a pro. States pays Social Security tax until 3 these people into so-called voluntarily One thing I will say, though, that is a.m. on March 24. private plans after he has reduced their also significant about her, she works Now, that does not seem quite fair. benefits; and the so-called private hard and, at times, when she has that Other working Americans are going to plans, the President’s privatization has rare opportunity to play and relax, she pay that tax all year long. But, let us a little something called a claw-back, plays hard. I remember one occasion look at some of Mr. Bush’s friends. which is the government is allowing with her, getting the chance to see her Tom Freston and Les Moonves of you to divert your Social Security shoot skeet. We were with some people Viacom. They stop paying Social Secu- money, but it is considered to be a who were pretty hotshot skeet shoot- rity tax at 4 a.m. on January 2, because loan, which will be repaid at the time ers, and I looked over there and she they earn $77,000 a day. of your retirement, death, or disability was shooting a 28 gauge, which means Now, it really is not going to matter at the rate of 3 percent plus inflation. you have to shoot a clay pigeon prac- or even be noticed by George Bush Now, if your investments did not do tically with a BB gun. It is impossible when they are reduced or Mr. Freston too well, your survivors are going to be to do. I think out of 25 she hit 24 of or Mr. Moonves at Viacom, you know, writing the government a check; or if them, and maybe I bumped her on that not even their accountants will notice you get to retirement and you did not 25th. it, but it is certainly going to be no- do too well, well, you are going to see But she is kind of a true renaissance ticed by those middle-class Americans. your Social Security benefits reduce up person of today, somebody who knows The President’s cuts, which he cast to 97 percent under the President’s pri- how to enjoy life, get out and relax and as being fair and progressive, will fall vatization plan. mix and mingle with different types of most heavily on middle-income work- There are better ways to secure the people; yet, when it comes time to ing families in this country. You know, financial future of Social Security, work, she is a hard-core, very straight- a median, what they call a median which I will talk about on another forward professional. earner, $36,000, say a public school evening. We will miss her, Democrats and Re- teacher, will see, if they retired 40 publicans alike. She has been an insti- years from now, a young teacher, they f tutionalist, somebody who has made will see a reduction of 16 percent in The SPEAKER pro tempore. Under a this place better because of her pres- their Social Security benefits, from previous order of the House, the gen- ence. $19,000 down to $16,000. I think they are tleman from Minnesota (Mr. GUT- Kathryn, we wish you the best. Have going to notice that; it is going to hurt KNECHT) is recognized for 5 minutes. fun over across the street or whatever a lot. (Mr. GUTKNECHT addressed the street you are going to be on. What the President’s folk call a high House. His remarks will appear here- after in the Extensions of Remarks.) f earner, $58,400 a year, well they will see a 25 percent reduction. In fact, the re- f b 2000 duction for people who earn $58,000 a ORDER OF BUSINESS SPECIAL ORDERS year will be equal to or worse than if The SPEAKER pro tempore (Mr. Congress did nothing about Social Se- Ms. ROS-LEHTINEN. Mr. Speaker, I PRICE of Georgia). Under the Speaker’s curity, because it is not going to be ask unanimous consent that I be al- announced policy of January 4, 2005, bankrupt like the President says. So- lowed to take my Special Order at this and under a previous order of the cial Security will never be bankrupt. time. House, the following Members will be Stop saying that. The SPEAKER pro tempore. Is there recognized for 5 minutes each. It will have to, if nothing is done and objection to the request of the gentle- woman from Florida? f we have a very bad economy, reduce benefits by, say, 20 percent according There was no objection. SOCIAL SECURITY to the Republican Congressional Budg- f The SPEAKER pro tempore. Under a et Office or 25 percent, so they can pay previous order of the House, the gen- benefits into the indefinite future, FAREWELL TO KATHRYN LEHMAN tleman from Oregon (Mr. DEFAZIO) is starting 40 or 50 years from now. That The SPEAKER pro tempore. Under a recognized for 5 minutes. is not a crisis. That is not bankruptcy. previous order of the House, the gentle- Mr. DEFAZIO. Mr. Speaker, today But the President would guarantee woman from Florida (Ms. ROS- and pretty much every day for most reductions, at least that big, for many LEHTINEN) is recognized for 5 minutes.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2783 Ms. ROS-LEHTINEN. Mr. Speaker, as from Michigan (Mr. DINGELL) for exam- the subject of Kathryn Lehman’s de- we have heard from our House Repub- ple, the dean of the House, is one such parture and tenure in the House. lican leadership team, this week the friend; and I know that the gentleman The SPEAKER pro tempore. Is there House will lose one of its most faithful from Michigan (Mr. DINGELL) shares in objection to the request of the gentle- servants to the private sector, when my best wishes for Kathryn’s future woman from Florida? my good friend Kathryn Lehman leaves successes. There was no objection. her post as chief of staff of the House Kathryn deserves the thanks of so f Republican Conference after more than many Members on an individual level, REFLECTING ON THE 2–YEAR AN- 15 years of service here in the House on but also deserves the thanks of the NIVERSARY OF THE PRESI- Capitol Hill. House of Representatives as a body. DENT’S ‘‘MISSION ACCOM- After graduating from Catholic Uni- Few have done more to protect its in- PLISHED’’ SPEECH versity with a law degree, Kathryn tegrity and its efficacy, as Kathryn came to the Hill in 1989 to serve then- Lehman; and I know that she will be The SPEAKER pro tempore. Under a ranking member, the gentleman from missed. She is more than just a staffer, previous order of the House, the gen- Wisconsin (Mr. SENSENBRENNER), as his she is more than just the Chair of so tleman from Illinois (Mr. EMANUEL) is only staffer on the Judiciary Sub- many important positions, she is more recognized for 5 minutes. committee on Civil and Constitutional specially important, my friend, mi Mr. EMANUEL. Mr. Speaker, last Rights. amiga, and always will be. Sunday, May 1, marked the 2-year an- After the gentleman from Illinois Mr. HASTERT. Mr. Speaker, I rise today to niversary of President Bush’s speech (Mr. HYDE) became the subcommittee’s offer my best wishes and a fond farewell to abroad the USS Lincoln, the ‘‘mission ranking member, Kathryn continued Kathryn Lehman who is leaving Capitol Hill accomplished’’ speech. her work and learned much from his after 15 years of service. Kathryn has been So what have we accomplished in the example in leadership. like few others: effective, universally admired, last 2 years? Saddam Hussein’s regime When the Republicans took over con- and respected. And she has always offered has fallen. Yet today we find ourselves trol of the House in 1994, Kathryn be- blunt advice. mired in an endless occupation. came the subcommittee’s chief counsel During her Hill career, Kathryn has served This past January witnessed a suc- and helped usher in some of the most two Judiciary Committee Chairmen, one Ma- cessful election, yet progress on devel- important reforms of the first 100 days jority Whip, one Conference Chairman, and oping a functioning government has of our Congress. In 1997, Karen began two Speakers of the House—including myself. been slow at best. The terror and the working for Speaker Gingrich, playing Kathryn cut her teeth on the House Judici- insurgency remain as strong as ever an important part in many of the most ary Committee working for then-Ranking Mem- and seems to be growing at certain memorable events in Congress’s his- ber SENSENBRENNER on the Civil and Constitu- points. Explosions killed more than 100 tory. She also advised Speaker Ging- tional Rights Subcommittee and, following people last week alone. rich on oversight issues involving the that, then-Ranking Member HYDE. Those The economy is stalled, the civil so- committees on Judiciary, Education tough days in the minority prepared Kathryn ciety is unable to come together, and and the Workforce, House Administra- for the responsibility of her role as Chief millions of Iraqis remain without reg- tion, and Government Reform. Counsel following the Republican victory in ular electrical services and basic serv- In 1998, she took the helm as policy 1994. She went on to serve as Special Assist- ices from their government. The brave director for then-majority whip, the ant to Speaker Newt Gingrich, Policy Director men and women of the United States gentleman from Texas (Mr. DELAY). for then-Majority Whip TOM DELAY, my Direc- Armed Forces continue to fight a very There, she made her mark on some of tor of Coalitions and Outreach, and finally vigorous fight, but the battle has taken the most impressive legislative accom- Chief of Staff for the House Republican Con- its toll. We have lost 1,600 fellow citi- plishments of the Congress. Kathryn’s ference. zens in the last 2 years, 21⁄2 years, and talents then took her to the Speaker’s Kathryn has not only been in the room when more than 12,000 have been wounded. office, the gentleman from Illinois (Mr. some of the most important decisions of this The strain has been so great that re- HASTERT). House were made, but she also helped to cruiters cannot meet their enlistment Obviously, she had a hard time keep- make them. From habeas corpus reform to tax goals. Through the first 5 months of ing a job at any one time, but she reform, Kathryn has touched it all. She has im- fiscal year 2005, the Army is short of oversaw his coalitions and outreach ef- pacted more legislation during her career than their recruitment goal by 15 percent. forts. In 2002, Kathryn became chief of she’d probably care to admit, and each time The Pentagon now says that they are staff for the House Republican Con- she acted with strength and conviction. stretched so thin it would be difficult ference under the leadership of my Many staffers have a laundry list of legisla- for the military to meet other obliga- great friend, the gentlewoman from tive achievements and career highlights, but tions should they need to do so. Ohio (Ms. PRYCE). There she effectively Kathryn is more than the sum of her accom- Mr. Speaker, Operation Iraqi Free- crafted our message and led us to new plishments. Her tenure is marked just as sure- dom was a war of choice. And as Presi- levels of accomplishment and unity. ly by the friendships she has made—on both dent Kennedy once said, to govern is to Kathryn now leaves the House for sides of the aisle—than by the laws she choose. One can only hope that the war Holland & Knight where she will con- helped to craft or the bills she ushered in Iraq was the right choice. This week tinue to be what she has always been, through to passage. we will appropriate an additional $81 a bold woman who is not afraid to But perhaps Kathryn’s most astonishing— billion, bringing the total cost of the speak her mind. At Holland & Knight, and admirable—characteristic is her unwaver- war in dollar sense, to $300 billion: $300 she will follow in the tradition of her ing idealism. Throughout her time on Capitol billion, 1,600 American lives, 12,000 citi- and another great mind, the late Con- Hill, she has never lost her way and has been zens wounded. gresswoman Tillie Fowler, my friend guided by her beliefs and values. In good And yet the insurgency continues from Florida. times and bad, Kathryn always spoke her and the war goes on. The $300 billion And Kathryn’s long and impressive mind and kept us all on the right track. I will we have added to the structural deficit career is an example of what we can all miss her loyalty, her ability to make you laugh, is on top of a $2 trillion new debt cre- achieve if we stick to our principles and her sound judgment. ated since President Bush originally and never quit until the fight is over. I wish Kathryn the very best and know that took office in 2001. Kathryn has learned much during her she will continue to be a standard bearer for And what have we done while we tenure, but she has taught others much what is right in Washington. have added $300 billion to Iraq? Every more. f President when they have taken the It is not surprising that Kathryn has battle and taken the war, has thought so many friends. Through her sheer GENERAL LEAVE about how to build America post that force of character and great person- Ms. ROS-LEHTINEN. Mr. Speaker, I war. ality, Kathryn has forged friendships ask unanimous consent that our col- President Lincoln finished the trans- with Republican and Democrat Mem- leagues have 5 legislative days in which continental railroad, the land grant bers and staff alike. The gentleman to revise and extend their remarks on colleges. Roosevelt not only had the

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2784 CONGRESSIONAL RECORD — HOUSE May 3, 2005 Great Depression that he dealt with for b 2015 crawling on your skin and, therefore, the Great Society, and rather the New The SPEAKER pro tempore (Mr. people try to pick them out so there Deal. He also thought after the war of PRICE of Georgia). Under a previous are usually huge skin lesions on the a GI bill. order of the House, the gentleman from arms and legs of those addicted to Universal health care with Harry S North Carolina (Mr. MCHENRY) is rec- methamphetamines. Early death and Truman. Eisenhower talked of the ognized for 5 minutes. stroke. interstate highway. President Kennedy (Mr. MCHENRY addressed the House. It always causes brain damage. Every in the middle of his days of Vietnam His remarks will appear hereafter in time you use methamphetamines it de- thought of putting a man on the Moon. the Extensions of Remarks.) stroys brain tissue. It is not long be- What do we think about at the end of fore a person who maybe is a young f the Iraq war, as we think maybe we person who has been on meth for 6 will see a point on the horizon? We cut EXCHANGE OF SPECIAL ORDER months or a year will have a brain scan Medicaid by $10 billion. We eliminate TIME almost identical to a 70- or 80-year old vocational training. We eliminate the Mr. OSBORNE. Mr. Speaker, I ask Alzheimer’s patient because of the COPS program that puts 100,000 cops on unanimous consent to claim the time brain lesions in the brain. the American streets. of the gentleman from North Carolina It is very common in rural areas. It Every President and every Congress (Mr. MCHENRY). is often manufactured in the country thought about America after the war, The SPEAKER pro tempore. Is there side because of the odor and toxic thought about what it could do, how do objection to the request of the gen- chemicals that are used. It is made we build that future; not only what we tleman from Nebraska? from pseudophedrine, a common cold did overseas, but what are we going to There was no objection. medicine which all of us have had some do for Americans here at home. We, un- f experience with. But there are some like our predecessors, do not think of a other additives that are a little less in- vision in the future. We have thought DANGERS OF nocuous, lithium batteries, drain about how to limit America’s horizon METHAMPHETAMINES cleaner, starter fluid, anhydrous am- and not think forward. The SPEAKER pro tempore. Under a monia, and iodine so it is a tremen- This President made an attempt once previous order of the House, the gen- dously toxic mix. to talk about putting a space ship on tleman from Nebraska (Mr. OSBORNE) is It costs roughly 5 to $6,000 to clean Mars, but we cancelled that. We have recognized for 5 minutes. up a meth lab. Some areas in middle cancelled our review of the stem cells. Mr. OSBORNE. Mr. Speaker, I would America have had as many as 1,500 to We are not investing in America’s fu- like to spend some time this evening 2,000 meth labs a year being cleaned up, ture like we are investing in Iraq’s fu- talking about something that I think so it is a huge expense and it is a real ture. should concern all of us on both sides blight on the countryside. $300 billion in Iraq. Sixteen hundred of the aisle here, something that some- The average meth addiction and ad- American lives. Twelve thousand times flies under the radar screen in dict in my State, Nebraska, will com- wounded. $10 billion cut from our our country, and that is the epidemic mit roughly 60 crimes a year to support health care programs. Vocational of methamphetamine abuse. their habit. So if you have a small training programs eliminated. Is this Methamphetamines first came into community with 10 meth addicts, you the tradition when Roosevelt thought prominence during World War II. It was have got 600 crimes being committed. of the GI bill after World War II, Presi- often given to kamikaze pilots, Japa- It has changed the whole tenor of small dent Kennedy in the early days of Viet- nese military, before they took off, towns in many areas because of this in- nam thought of a man on the Moon? never to return. Some of the German creased crime. Lincoln, in the days of the Civil War military units going on almost certain Many counties in these areas spend thought of reconstruction, the land deaths missions also used it. 70 to 80 percent of their law enforce- grant colleges, and the transatlantic It is the most highly addictive drug ment dollars and their manpower on railroad system. that has been discovered. It often meth prevention and meth treatment. This is not in the tradition of Amer- causes addiction after one usage; and The majority of jail and prison cells ica to think less of our future than the hardly any other drug that is known to are occupied by those who are addicted one we are building overseas. We can man will do that to you. It releases by meth. And most of the child abuse do better than we are thinking of huge amounts of dopamine, thousands in these areas, most of the child ne- today. And all of the while that we are of times the amount of dopamine that glect and most of the deaths that chil- not investing in America and we are in- a normal pleasurable experience that is dren experience are as a result of par- vesting in Iraq, and we have put our- not drug-induced might cause a person ents and others who are addicted to selves in line in Iraq, and everything of to experience. It creates euphoria that methamphetamine. America is on the line there, North last between 6 and 8 hours, and an in- So the question is what can Congress Korea has crossed the red zone, and creased sense of well-being and con- do? now has the ability of nuclear capa- fidence. First of all, the Byrne grants that we bility. Increased energy, many times soccer are somewhat familiar with are what A senior military strategist testified moms, people who are working two fund the meth lab clean-ups. And the in the Senate last week that North jobs will fall prey to methamphet- Byrne grants absolutely have to be Korea can mount a nuclear weapon on amine abuse. And of course, it also pro- funded so this is critical. Also the their missiles. While we have been vides the ability to remain awake for COPS program is critical to the inter- bogged down in Iraq, Iran is developing long periods of time, sometimes as diction and the disruption of meth traf- their capability. The fact is, if there is much as 6 or 7 days so truck drivers, fic. one area where the United States people in those types of professions, of- The gentleman from Missouri (Mr. should be acting unilaterally, it is tentimes begin to use it. BLUNT), and also the gentleman from North Korea; the one place we should It often results in weight loss and it Indiana (Mr. SOUDER), have introduced be acting in coalition is Iraq. We got it is relatively inexpensive. So there are legislation that regulates the sale of mixed up. many attractive elements to it. But pseudophedrine that is necessary to But it is high time we invest in the long term effects are disastrous. manufacture methamphetamine, and America and stop thinking less about Whatever comes up must come down, provide funds for meth lab cleanup, law our future and stop putting our dollars and you come down really hard off of enforcement and child protection. like we have in Iraq, start putting methamphetamine. It produces anx- So I hope that my colleagues both them here in America and follow the iety, depression, hallucinations, many sides of the aisle will join in this fight. tradition that Presidents Lincoln and times psychoses. Violent behavior is This is a real blight on our country and Kennedy and Johnson and Roosevelt often a side effect. is creating a devastation throughout did by thinking about the future for It usually rots teeth very rapidly. our country, but particularly in the America. Crank bugs, the feeling that bugs are rural area.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2785 GUT PUNCH TO THE MIDDLE At the same time, the people who put class. It is the middle class that would CLASS their money in these privates accounts, suffer and is targeted in the President’s The SPEAKER pro tempore. Under a if they made a bad investment, ran the proposal. previous order of the House, the gen- risk of gambling with their Social Se- It is a terrible proposal. It is no bet- tleman from New Jersey (Mr. PALLONE) curity money and not having any ter than the previous one. is recognized for 5 minutes. money when the time came for them to f retire. Mr. PALLONE. Mr. Speaker, I want- HONORING CRAIG WASHINGTON ed to talk tonight for 5 minutes about The bottom line is we could have the President’s latest proposal on So- gone back, if you adopted this, to the The SPEAKER pro tempore. Under a cial Security, which I refer to as means days before Social Security when peo- previous order of the House, the gen- testing. ple were on the street or were in an old tleman from Texas (Mr. POE) is recog- I have to say that from the very be- age home because they did not have nized for 5 minutes. ginning, when I heard the President’s any retirement security. That is what Mr. POE. Mr. Speaker, I rise today to privatization plan and the other state- Democrats are afraid of with the Presi- honor a man who spoke on this floor ments he has been making about Social dent’s risky privatization plan. and wandered these historic hallowed Security, I have very much opposed to It gambles with your Social Security. hallways over a decade ago. what he has put forth, but this latest It may essentially leave you broke Craig Washington, a former Demo- effort at means testing I think is, in with nothing, and even beyond that be- cratic Congressman from Texas, made many ways, the worst of all, the worst cause you are taking money out of the a name for himself in this place of of his proposals. trust fund, the solvency problem is ag- Washington and in the Lone Star State I just want to review some of the gravated and the potential looms for of Texas. concerns that I have about his privat- severe benefits because if you take the At home in the great State of Texas, ization plan, about his means testing money out and you do not replace it he is best known for his courtroom in a few minutes here tonight. First of with anything, the only thing you can mesmerizing oratory, his remarkable all, from the very beginning, I think, do ultimately is cut benefits. victories as a criminal defense lawyer the President gave essentially misin- Now, what we hear from the Presi- and his persistent passion for helping formation because he kept talking dent, he was on the road for about 60 out the little guy. about how Social Security was essen- days talking about that. At the end of Eleven years ago, he left Congress tially going insolvent and yet we know the 60 days period he realized, as did and headed back to Texas. Now Wash- that it is very solid, if you will, for the his Republican colleagues, that this ington is back in the spotlight again next 30 or 40 years. In fact, we have was not working. People did not want defending one of Texas’ high profile cli- heard different figures from maybe 2030 to hear it. They did not like his risky ents and doing what he does best, argu- or 2035, may be the date when we would privatization plan. ing for constitutional rights, helping begin to see less money available for So what does he come up with last the downtrodden. Those are the people Social Security. But until that time, week in this proposal that he made on who need him the most. the Social Security trust fund is very nationwide TV? He talks about means He is gracing the front pages of the solvent and benefits would continue to testing. What that essentially means is Houston Chronicle yet again, but if you be paid on a guaranteed basis the way that people, as their income gets high- ask his daughter, Chival, she claims they have for the last 60 or 70 years. er, would get less and less Social Secu- that her dad is just a regular guy and So from the very beginning, he rity benefits. And he made it sound, that is one of the reasons she admires talked about Social Security in an in- once again, like this was a great thing him so much. accurate way because he talked about because poor people would still get Craig Washington was born in deep insolvency that does not exist for at their money and rich people did not east Texas, a town called Longview. He least another generation or two. Worst need it. But what he fails to point out grew up in Houston and after high of all, he never indicated that any pro- is reality is who is really being tar- school he enrolled in Prairie View A&M posal he had put forth would effec- geted here is the middle class. University at the age of 16 with the tively deal with the eventual insol- It is the middle class person who will hopes of becoming a dentist. Eight vency of Social Security. have their benefits cut and it is the years later he finally graduated with a In other words, Democrats histori- middle class person who relies the most grade point average too low to com- cally back in the early 1980s, for exam- on that Social Security, much more so plete his plans of dentistry. He was tre- ple, when there was a threat of insol- than the wealthy person. mendously intelligent but could not be vency or that money would not be I want to point out, I saw an editorial bothered with attending classes. there in the trust fund, basically sat yesterday, Mr. Speaker, by Paul In 1966 Craig Washington was intro- down with Republicans on a bipartisan Krugman in The New York Times, and duced to the Dean of the Texas South- basis, back in the days when Speaker he vividly points this out. He talks ern University Law School. Wash- O’Neill was the Speaker of the House, a about the Center on Budget and Policy ington had charisma and determina- Democrat, and President Reagan, a Re- Priorities and a Jason Furman, who he tion even at a young age, and he man- publican, was President. And they put asked about what the President had in aged to talk the dean into accepting forward a commission and they came mind. him into the law school program and up with a way of dealing the payroll What he said is that the average then transferring to dentistry. But in- tax, essentially, so that money would worker now pays about $37,000 and re- stead he was hooked on the law and be available to keep Social Security tiring in 2075 would face a cut equal to looked on it for the rest of his life. solvent and so that benefits would con- 10 percent preretirement income. Four years later, he would graduate tinue to be guaranteed. Workers earning 60 percent more than with honors and become the assistant But what the President proposed average, the equivalent of $58,000 today dean and assistant professor of law at from the beginning was a very risky would see benefit cuts equal to almost his alma mater. privatization plan that essentially 13 percent of their income before re- Then in 1970, he left the university to would not do anything to help with the tirement. enter private law practice, and in 1972, potential insolvency. In fact, it would But above that level, the cuts would he was elected to the Texas State Leg- make the situation even worse because become less and less significant. Work- islature. In 1982, he was elected to the we knew that he would be taking ers earning three times the average Texas States Senate. It was there he money out of the trust fund with his wage would face cuts equal to only 9 made a name for himself as the second privatization plan and putting money percent of their income before retire- African American to serve in the Texas in private accounts. And the con- ment. Someone earning the equivalent State Senate since reconstruction. It sequence of that would be that there of $1 million today would see benefit seems, Mr. Speaker, the war between would be less money in the trust fund cuts equal to only 1 percent of pre- the States died real hard in Texas. and the solvency problem would be ag- retirement income. So in short, this In 1989, his good friend, Congressman gravated all the more. would be a gut punch to the middle Mickey Leland, was killed in a tragic

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2786 CONGRESSIONAL RECORD — HOUSE May 3, 2005 plane crash representing this body in gentleman from the Old South from an I want to make a special note of the Ethiopia. Washington was determined era when honor was important. He fact that nearly 80 percent of those to continue the work that Leland serves his clients with distinction and without health insurance are em- started and he ran for Leland’s seat compassion and tremendous energy. He ployed. Listen, they are employed, but and was sworn in as Leland’s replace- is a tremendous criminal defense law- they have no health care coverage. So ment in Congress in 1990. yer as well as a right-thinking Amer- we have to stop the myth that the un- His years in Congress were spent on ican, and I stand today on this floor insured problem is only about people national issues and advocating for where he stood 11 years ago to salute that are unemployed. those who had no voice. Some in Texas Mr. Washington. I am proud to call him In fact, this is a picture here depict- did not agree with the way he voted my friend; and if I ever leave Congress, ing a family in our district that shows and carried himself, but inside this I hope to return to the courtroom to people who are working. They are beltway he was seen as a star on the join him in trial, to do battle together working, but unavailable to them is rise. He was a maverick. He wooed his against the forces of evil, tyranny, and health care insurance; and in a country colleagues on many issues and upset injustice. that prides itself on equality, it is evi- more than one organization when he f dent that our health care system is voted against big issues like NAFTA COVER THE UNINSURED WEEK broken when people suffer from a lack and even NASA. of access to health insurance and qual- One particular evening on this House The SPEAKER pro tempore (Mr. ity of care. floor he argued against amending our REICHERT). Under a previous order of More disconcerting, Latino children, Constitution to protect the flag. He the House, the gentlewoman from Cali- said, ‘‘I prefer a man who will burn the the most vulnerable group in our soci- fornia (Ms. SOLIS) is recognized for 5 ety, are 21 percent more likely to be flag and then wrap himself in the Con- minutes. stitution to a man who will burn the uninsured than non-Latino children. In Ms. SOLIS. Mr. Speaker, this week fact, almost one in three Latino chil- Constitution and then wrap himself in marks Cover the Uninsured Week, run- the flag.’’ dren receives health care through Med- ning from Sunday May 1 through Sun- icaid or what we know as the State That is typical Craig Washington. Al- day May 8. I rise today in support of though Craig Washington and I dis- Children’s Health Insurance Program, the goals of Cover the Uninsured Week. the S-CHIP program. While plenty of agree on many political issues, I ad- Cover the Uninsured Week will mobi- Americans live without health insur- mire him because he never made a de- lize thousands of business owners, ance, programs like Medicaid and the cision based on politics. union members, educators, students, S-CHIP program are often the only Eleven years ago, Washington left patients, hospital staff, physicians, means of providing families like this this Congress to return to his roots, nurses, faith leaders, and many others with health care coverage. Texas. to call attention to the health care cri- Medicaid is vital for many Latinos, b 2030 sis in our country. In hundreds of our communities with 9 million Latinos receiving health He has a home in Bastrop, Texas, a care through Medicaid alone. Unfortu- small German town near Austin, and across the country, events will high- light the fact that too many Americans nately, it is sad to say that President today Washington devotes most of his Bush’s fiscal year 2006 budget proposal time to fighting for those who have no are living without health care cov- erage. would cut funding for Medicaid by $45 advocate in our courts. billion, a drastic cut in funding that is When I was a prosecutor, we tried Today, 45 million Americans live a valuable service for health insurance cases against each other, and I found without health care coverage, includ- for those who cannot afford it. his word and handshake were his bond, ing 8 million children. as it is today. When I became a judge, As a Californian, I am troubled to We should not play with the lives of I had the opportunity to see him rep- learn that California leads the Nation families like this and the future of our resent people in the most serious of ac- in the number of uninsured people, children by denying them access to cusations. In court, he spoke with the with 6.5 million people who do not have critical health care services. Affordable oratory of Daniel Webster and often any form of health care insurance. and accessible health care not only de- uses his words with such power, he That is about 18 percent of our popu- creases the expenses due to last minute could put the jury in a hypnotic lation; and additionally, one out of emergency care; it allows for a trance. every 5 of our uninsured population in healthier workforce and improves the Like Spartacus of the ancients, Mr. California is a child under the age of 18 overall quality of care for all. Washington goes into the pit of the years. Last week, I had the opportunity as courtroom arena armed with the sword Uninsured numbers are even worse Chair of the Congressional Hispanic of righteous indignation, the shield of for the Latino community, which is Task Force on Health, and I was joined the Constitution, and the breastplate disproportionately affected by the lack by other Members of our Democratic of impeccable honor to fight for those of health care coverage. As a Latina, I leadership, to highlight our commit- broken of spirit. When Craig Wash- am saddened to see that Latinos have ment to eliminate racial and ethnic ington does his final summation, I am the highest uninsured rate of any ra- disparities in health care. Our health convinced the angels from above get a cial group; and here in this figure, I care system is not meeting the needs of seat in the rafters of the courtroom would like to point out that back in all people. For racial and ethnic mi- just to listen to his voice, a voice from the year 2003, as my colleagues can see, norities and even for Asian Pacific Is- heaven advocating persistently and Hispanics represent 34.3 percent of landers, for all of our communities, we passionately for the poor and per- those individuals that are uninsured. are sorely underserved by the services secuted. When we look at the different racial that should be adequately provided to Craig Washington may be quiet, but and ethnic groups, Latinos are the all of us. he is a hell fire and brimstone lawyer highest numbers that are uninsured. Democrats are committed to working from East Texas that argues a case The latest census figures indicate towards expanding health care insur- with such intelligence, intensity, and that 13 million Latinos are uninsured. ance coverage for all, and I am com- logic that juries are forever mesmer- That is more than one-third of our mitted to addressing the health care ized. He has the courtroom demeanor total Latino population in the country. needs of all of our communities. The and dignity the law deserves and a hal- This is despite the fact that Latinos uninsured problem affects every single lowed respect for the Constitution that constitute the second largest ethnic one of us. Whether it is expanding our is waning today among many lawyers minority group in the country and Federal safety net, programs like Med- and even some Supreme Court Justices have the largest labor force representa- icaid, or working to eliminate racial who see the Constitution as an incon- tion. Latinos hold the majority of low- and ethnic health care disparities or venience to result-oriented agendas. wage jobs in the U.S., these positions providing incentives for our small busi- Politically, Craig Washington, I mostly do not offer health care bene- nesses to offer health care insurance, it think, is a populist and an honorable fits. is time that we take action now.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2787 I urge my colleagues to make a Fed- cial branches of government, but I surance in our country rose to 45 mil- eral commitment to help provide cov- trust that the court will do us justice. lion this year. This is a problem that erage for the 45 million Americans I invite all of my fellow Members of we literally cannot afford not to ad- across the country who deserve a guar- this 109th Congress to monitor the dress. anteed health insurance system be- court’s decision because, in so doing, In my hometown of Houston, we are cause one in three Americans without they will be exposed to the fact that proud to have the world-famed, world- health insurance is one too many, and the central problem facing the citizens class Texas Medical Center. Some of these are the families that are out of Puerto Rico is that they have been the most innovative and life-saving re- there looking for leadership in the denied their most basic rights of self- search and treatment developments are House of Representatives. determination, not by court decisions, being discovered in our own backyard. f but by congressional inaction. The problem is that too many of our In 1899, the United States first en- neighbors cannot access these live-sav- PRESIDENTIAL VOTE FOR tered into a treaty which provided that ing treatments because they lack RESIDENTS OF PUERTO RICO the civil rights and political status of health insurance. The SPEAKER pro tempore. Under a the residents of Puerto Rico shall be My State of Texas ranks number one previous order of the House, the gen- determined by the Congress. A full cen- in uninsured adults, with 31 percent of tleman from Puerto Rico (Mr. tury has passed, but Congress still has adult Texans living without health in- FORTU˜ NO) is recognized for 5 minutes. not implemented any political resolu- surance. The statistics for the Houston Mr. FORTU˜ NO. Mr. Speaker, tomor- tion procedure that will enable resi- area are just as troubling with more row the United States Court of Appeals dents of Puerto Rico to determine their than 31 percent of our Harris County for the First Circuit will hear the case form of self-government under a non- residents living without health insur- of Gregorio Igartua-de la Rosa, et al., colonial, non-territorial alternative. ance. vs. United States of America. This As most of my colleagues know, I am When a third of the State and coun- landmark case deals with the right of a firm believer in statehood for Puerto ty’s population is without health insur- U.S. citizens who reside in Puerto Rico Rico, but I fully respect the right of ance, I think it is safe to say this prob- to vote for the President and Vice my countrymen to freely choose the lem has reached crisis proportions. The President of the United States. status choice of their preference, be it increase in the number of uninsured is The right to vote for those who gov- as a State of the Union, an independent due, in part, to the changing nature of ern us is a hallmark of the democratic Republic, or as a Republic associated health care in our country. Gone are the days when we could principles on which our Nation was with the United States. founded. Universal and equal suffrage The important element has to be count on our employers to provide is not only a core value of this Nation’s that all viable alternatives be non-co- comprehensive health insurance for us and our families. With health insur- political system, but has been recog- lonial and non-territorial in nature. ance costs reaching $10,000 per year, nized by the international community Until this process of free self-deter- low-wage workers cannot fend for as a fundamental civil right. Despite mination is completed, Congress will this broad consensus in favor of the themselves. not have fully discharged its responsi- With full-time minimum-wage work- right to vote, U.S. citizens who reside bility. ers bringing home roughly that much in Puerto Rico have for 88 years been f each year, they cannot spend the bulk denied the right to vote for the U.S. of their earnings on health insurance, Government officials who make and HONORING CRAIG WASHINGTON and many small businesses are finding administer the Federal laws to which The SPEAKER pro tempore. Under a that they simply cannot afford to pur- they are subject. previous order of the House, the gen- chase health insurance for their em- Take special heed of the fact that tleman from Texas (Mr. GENE GREEN) is recognized for 5 minutes. ployees. this discriminatory and undemocratic As a sideline, not only small busi- Mr. GENE GREEN of Texas. Mr. state of affairs does not just apply to nesses, but some of our larger busi- Speaker, I am going to rise tonight to Puerto Ricans, who are U.S. citizens by nesses, whether it be General Motors or talk about a pressing problem of health virtue of having been born in a U.S. Shell Oil, talk about the disparities care, but before I do, I want to asso- territory, but to any U.S. citizen who and how much they pay in industri- ciate my remarks with the gentleman becomes a resident of Puerto Rico. alized countries like Europe and Japan To clearly illustrate this point, if from Texas (Mr. POE), my colleague for health insurance, and Canada, as President George Herbert Bush, our and neighbor, on Craig Washington. compared to how much more they pay 41st President, had chosen to retire in Congressman Washington replaced Mickey Leland, if anybody could re- in our country. Puerto Rico instead of Texas, he would It is no little surprise that today 80 place Mickey Leland, in this House; not have been able to vote for his son, percent of the uninsured in this coun- and I served as a State house member our current President, George W. Bush. try are gainfully employed. Unfortu- and State senator with Craig. I can If any of my colleagues who are listen- nately, my State of Texas also ranks only say and echo what the gentleman ing to me today and who are my col- number one in the percentage of unin- from Texas (Mr. POE) said, who I know leagues in the 109th Congress elected to sured working adults, with 27 percent saw him across from his bench many move to Puerto Rico after they retire of working Texans currently without times, as he was both a brilliant lawyer from Congress, they would not be able health insurance. to vote for the President of the United and statesman, but also one of the States. most intelligent people I have known. b 2045 This separate and less-than-equal Again, I want to associate myself This is a problem for all Americans class of U.S. citizenship for residents of with those remarks and thank the gen- as the uninsured often use emergency Puerto Rico has placed the 4 million tleman from Texas (Mr. POE) for doing rooms as their primary source of med- U.S. citizens who are residents of Puer- that for Craig. ical care. In fact, a study of emergency to Rico in an indefinite denial of equal COVER THE UNINSURED WEEK room use in Harris County found that national citizenship, particularly at a Mr. GENE GREEN of Texas. Mr. 57 percent of the diagnoses made in time of national sacrifice in the cause Speaker, I rise tonight to talk about safety net hospital emergency rooms of global democracy and freedom, one of the most pressing problems fac- could have been treated in a physi- where Puerto Ricans have contributed ing the health care system in our coun- cian’s office or clinic. This increases equally, many even making the ulti- try, the growing number of uninsured. health care costs for all Americans. mate sacrifice. Every year since 2000, an additional The uninsured are less likely to seek It is not my intention to dictate million Americans have joined the preventive health care and only get what the Court of Appeals for the First ranks of the uninsured. care once their problems reach emer- Circuit will decide. As a lawyer, I have The Robert Wood Johnson Founda- gency proportions. In fact, nearly 50 always been respectful of the separa- tion recently reported that the number percent of uninsured adults have post- tion between the legislative and judi- of individuals without any health in- poned seeking health care because they

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2788 CONGRESSIONAL RECORD — HOUSE May 3, 2005 cannot afford it. Only 15 percent of Mr. Speaker, to my left are FDA-ap- itor the patient carefully throughout those individuals with health insurance proved generic and brand medications the illness. In many cases, however, have postponed care for this reason. proven to be safe, effective, and manu- this is not happening. Medical experts It is no surprise that the uninsured factured in a sterile manner. I would agree that the risk of using these and underinsured are generally more ask Members to notice that critical in- unproven drugs, mass manufactured expensive to treat because they fall formation, such as lot number, expira- outside the parameters of FDA regula- through the cracks in our health care tion date, manufacturer, drug name, tion, are unacceptable, especially when system. Unfortunately, the policies and dose are embossed on the plastic FDA-approved medications are avail- that this Congress has supported only vial. able. serve to widen those cracks. These, Mr. Speaker, on this next These drugs, Mr. Speaker, are not Despite being faced with record lev- board, are not FDA-approved medica- FDA-approved. They are not estab- els of uninsured individuals, this Con- tions. They were compounded or mixed lished generic equivalents of FDA-ap- gress has put Medicaid cuts at the top in a pharmacy under conditions that proved brand name medications. They of the budget agenda. Medicaid is the may or may not be sterile. They are are not proven to be safe or effective health insurer of last resort in this not clinically proven to be safe or ef- and do not meet FDA standards for ste- country, and subjecting this critical fective. Notice there is no lot number, rility. The origin and quality of raw in- program to budget cuts will only serve no expiration date, no manufacturer or gredients are not disclosed. to further increase the number of sterility notice. Absence of this crit- The absence of disclosure and drug Americans without health insurance. ical information in labeling and adver- labeling in advertisements is indeed Where does Congress think these tisements to patients and prescribers misleading, and I am concerned. So are folks will go once they are dropped is, at best, misleading. patient and clinician organizations, led from the Medicaid rolls? The answer is In addition, notice here the glue-af- by the Allergy and Asthma Network/ simple: They will join the ranks of the fixed paper labels. The FDA, Mr. Mothers of Asthmatics. It is time for uninsured, and in doing so, they will be Speaker, does not approve of these Congress to get to the bottom of this three times more likely to postpone types of paper labels because they are issue and find out why these products health care, three times more likely to known to leach carcinogenic ink and are allowed to be sold with misleading forego filling a prescription, and three glue chemicals into the medication in labeling and without FDA approval. times as likely to be hounded by col- the vials the patient inhales into their And, further, why in many cases Medi- lection agents for payments on medical lungs. care and Medicaid are reimbursing for care they do seek out. This is not the Mr. Speaker, physicians write their these unproven and unapproved mass way to ensure that our citizens are prescriptions for FDA-approved brand manufactured products. healthy, productive members of our so- names and generic medications. Pa- f ciety. tients think that what the doctor pre- The Federal Government needs to scribes is what they are going to re- PROPOSED INDIAN GAMBLING CA- renew its commitment to the most vul- ceive. But through a sleight of hand, SINO IN COLUMBIA RIVER nerable members of our society. Faced some compounding pharmacists are GORGE NATIONAL SCENIC AREA with record levels of uninsured, we having the prescriptions switched to IN OREGON should be adding people to the Med- these types of unapproved and The SPEAKER pro tempore. Under a icaid and SCHIP rolls, not dropping unproven drugs. previous order of the House, the gen- them. We should expand the SCHIP What happens is that the patient gets tleman from Oregon (Mr. WU) is recog- program to include parents of these a phone call or sees a TV ad or some- nized for 5 minutes. CHIP children. That policy option thing on the Web saying that this Mr. WU. Mr. Speaker, tonight I rise alone would provide health insurance seemingly benign and reputable com- to express my deepest concern about a to 67 percent of CHIP parents in Texas. proposed Indian gambling casino in the We should restore funding for the pany will deliver their nebulizer drugs Columbia River Gorge National Scenic HCAP program, which in my commu- right to their door if they just sign a Area in Oregon. nity, has helped enroll an additional form. By signing, they essentially On April 6, 2005, Oregon Governor, 250,000 individuals in Medicaid and agree to a substitution of the medica- Ted Kulongoski and the Confederated CHIP, while also directing the unin- tion from what the doctor prescribed to Tribes of the Warm Springs signed a sured away from ERs and toward an ap- whatever substance the compounding Tribal-State compact. The compact propriate health care home. These are pharmacist is whipping up in his back would allow a off-reservation Indian programs that work. room or factory. What does not work is picking a Oftentimes, the original prescribing gambling casino in the Columbia River budget number out of thin air and forc- physician does not even know the sub- Gorge National Scenic Area. The Co- ing Members to chop away at a pro- stitution or switch has occurred. Pa- lumbia River Gorge is the crown jewel gram until it fits that number. It is tients and physicians do not know of Oregon’s many natural wonders, a shameful that Congress is balancing until something goes tragically wrong, spectacular and unique sea-level cut the budget on the backs of low-income and wrong in this case can be a wors- through the Cascade Mountain Range. families. If we are going to get this ening symptom, or even death. It is 80 miles long and up to 4,000 feet country’s health care system out of the You might ask how this is happening, deep. The Columbia River flows be- ditch, we must stop digging that ditch. Mr. Speaker. Well, a new industry has tween the Gorge’s north walls in Wash- emerged in recent years: Mass phar- ington State and its south walls in Or- f macy manufacturing under the guise of egon. It is a natural wonder and a Na- HEALTH RISKS ASSOCIATED WITH traditional pharmacy compounding. tional Scenic Area. INHALED COMPOUNDED DRUGS Relying on lax State standards and ar- The proposed 500,000 square foot gam- USED IN NEBULIZERS guing that Federal standards do not bling casino would dramatically alter The SPEAKER pro tempore (Mr. apply, these companies manufacture the Columbia River Gorge and have a REICHERT). Under a previous order of and distribute millions of doses of com- significant negative effect on the envi- the House, the gentleman from New pounded nebulizer medications each ronment by increasing traffic, conges- Jersey (Mr. SMITH) is recognized for 5 year. Mass pharmacy manufacturing is tion, and air pollution. Specifically, minutes. not to be confused with traditional the proposed casino would draw an es- Mr. SMITH of New Jersey. Mr. pharmacy compounding, a public timated 3 million visitors per year for Speaker, today, Americans with asth- health service when a patient has a non-Gorge related reasons, resulting in ma, emphysema, and other respiratory medical condition for which no proven perhaps a million additional vehicle diseases are being exposed, without commercially available medication ex- trips per year. This increased traffic their knowledge or consent, to serious ists. would exacerbate existing air pollution and unnecessary health risks associ- Normally, the patient, prescriber and problems in the Columbia River Gorge. ated with inhaled compounded drugs compounding pharmacist discuss the State and Federal agencies have al- used in their nebulizers. risks and benefits together and mon- ready determined that air quality in

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2789 the Columbia River Gorge is signifi- bia River Gorge to find an Eden of the ica, the CAFTA agreement, to Costa cantly degraded and that visibility is west. They traveled through the Gorge, Rica, El Salvador, Guatemala, Hon- impaired 95 percent of the time in this a marvel then and a marvel today, to duras, and Nicaragua and the Domini- National Scenic Area. seek new hope. We betray their hopes can Republic, we are honored to wel- Also, according to Federal sources, and dreams if we despoil the crown come Deputy Suarez to the United this area suffers acid rain as severe as jewel of Oregon’s natural heritage in States. He will be arriving tomorrow what falls in industrial cities such as order to maximize short-term gam- with his delegation of Mexican parlia- Washington, D.C., Baltimore, Pitts- bling projects. mentarians. They will be here Wednes- burgh, and New York City. It is crucial f day and Thursday and participate in that this proposal be thoroughly vetted extensive talks here in Congress on ON CAFTA to take into account the environ- U.S.-Canadian and Mexico Inter- mental impact on the Columbia River The SPEAKER pro tempore. Under a parliamentary cooperation on NAFTA Gorge National Scenic Area, its habi- previous order of the House, the gentle- and CAFTA. They will also travel to tat, and the surrounding communities. woman from Ohio (Ms. KAPTUR) is rec- other places in the United States. I note that there are six endangered or ognized for 5 minutes. I want to put up a chart to show the threatened species in the Gorge, and Ms. KAPTUR. Mr. Speaker, difficulty from the United States over 40 sensitive species in the Colum- Bloomberg News reported today, and I standpoint. Every single year since bia River Gorge. read the quote, ‘‘CAFTA,’’ the expan- NAFTA was signed, rather than the job Placing a casino in the Columbia sion of NAFTA to all of Latin America, creation we were promised, the United River Gorge has been presented as a ‘‘will fail in Congress.’’ And Peter States has exacted larger and larger choice between Hood River and Cascade Morici, a University of Maryland pro- trade deficits with both Mexico and Locks, two communities on the Oregon fessor and former chief economist for Canada. Those numbers were supposed side of the Columbia River Gorge. I em- the International Trade Commission, to be exactly the reverse. phatically reject this Hobson’s choice. comments: ‘‘CAFTA is in trouble be- In Mexico, wages have been lowered. The Hood River casino site is a red her- cause of frustration with Bush admin- And Mr. Suarez comes from an area ring, neither physically buildable nor istration inaction on the trade deficit called Scala in Mexico, the south- legally available for tribal gambling and the Chinese yuan,’’ which means eastern region of Mexico, and we were purposes. The argument that unless a that we are not dealing with the dif- literally in these fields with him talk- casino is permitted in Cascade Locks, ficulties of the exchange rate between ing to the farmers who have been dis- it would inevitably be built in Hood not just China and the United States placed from their land in the nation of River is a smoke screen used to hide but several other nations. Mexico. It was so tragic to hear their other appropriate non-Columbia River One and a half years ago, a 7-member stories. The American people need to Gorge sites. Congressional delegation traveled to hear the stories from the people of Also, allowing this casino in the Mexico to examine the modern tem- heart of the Columbia River Gorge, on plate for all of these trade agreements Mexico. It is not just our workers and land far removed from the Tribe’s ex- that is called NAFTA, the North Amer- farmers that are being hurt; they are isting reservation, would set a prece- ican, I like to call it ‘‘failed’’ Trade being hurt as well. Mr. Suarez is currently president of dent encouraging other Oregon tribes Agreement, and the impact it has had the Committee for the Center for Stud- to demand off-reservation casinos clos- on working families and farmers on ies of Sustainable Rural Development er to the lucrative Portland market. both sides of that border. and Food Sovereignty within the Allowing for an off-reservation casino b 2100 in this situation also could set an ad- Chamber of Deputies. It is important verse precedent at the national level. The delegation included the gen- to note he has been a leader and pro- Until now, Oregon’s policy, set by tleman from Illinois (Mr. COSTELLO), moter of a movement in Mexico called former Governor John Kitzhaber, has the gentleman from Arizona (Mr. The Countryside Cannot Take It Any been to limit each tribe to one casino GRIJALVA), the gentlewoman from Illi- More. He is also active in international on reservation land held in trust. The nois (Ms. SCHAKOWSKY), the gentle- peasant movements and in an inner- Kitzhaber policy has been stable over woman from California (Ms. SOLIS), the American network called Agriculture the years and has prevented an arms gentleman from Mississippi (Mr. and Democracy. race to get closer to the lucrative Port- THOMPSON), the gentleman from Ohio The objectives of our trinational land metro market. Breaking the (Mr. STRICKLAND), and myself. Our del- meeting among parliamentarians are Kitzhaber policy would inevitably lead egation produced a final report entitled to create an intercontinental space for to more off-reservation casinos ‘‘NAFTA at Ten: Journey to Mexico.’’ reflection, exchange of ideas and col- throughout Oregon and potentially It is included on the Web site, laboration related to alternative forms also in neighboring States. Indeed, www.kaptur.house.gov. of economic integration and tri- once this is allowed, there is no logical Mr. Speaker, at the end of my Spe- national development that helps people stopping point. All tribes would have cial Order, I include for the RECORD a better their lives rather than reduce their interests affected adversely both summary of recommendations that our their livelihoods and looks ahead to by an arms race to the Portland metro delegation made to fix NAFTA. In that what happens next after NAFTA as we area and by a potential general public vein, during our trip we met other par- stop CAFTA in its tracks. backlash against all Indian gaming. liamentarians, including the Honorable Our effort is to foster dialogue and This is more than a mere compact to Victor Suarez Carrera of Mexico, dur- exchange between legislators and civil govern gambling. The compact is a ing that journey. Representative Vic- society organizations to further de- blueprint for the development of a spe- tor Suarez Carrera is currently serving velop ideas for alternatives to the cur- cific large-scale commercial casino as a federal representative for the 16th rent framework surrounding the flawed complex within one of Oregon’s most District of Mexico City in the Mexican free-trade model and to find better scenic and ecologically sensitive areas. Chamber of Deputies, so he would be ways to achieve trinational develop- This compact should be disapproved so our counterpart. ment. that we can protect the Columbia He made an eloquent speech saying, I Another goal is to identify some of River Gorge National Scenic Area, plead with you, Congress of the United the more critical impacts of the 11 limit off-reservation Indian casino pro- States, we the people of Mexico want years of NAFTA, focusing on an anal- liferation, protect the long-term inter- good trade, not just free trade. He ex- ysis of both national level and sector- ests of all federally recognized tribes in pressed a deep desire to visit our coun- specific effects. And finally, we seek Oregon, and act in the best interests of try to tell the American people how consensus among our parliaments on the surrounding communities, ranging NAFTA was not just negatively im- possible future actions that could be from Hood River to Corbett to Port- pacting the people of our country but taken trinationally among legislators land to Beaverton. also the people of Mexico. and between organizations and civil so- The earliest Oregon pioneers, Indian And so as this Congress considers an ciety to directly address some of the and white alike, came down the Colum- expansion of NAFTA to Central Amer- critical impacts of NAFTA and look

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2790 CONGRESSIONAL RECORD — HOUSE May 3, 2005 ahead to negotiation of a NAFTA-plus accords must also incorporate industrial and cratic nations first should forge inter- agreement. agricultural adjustment provisions, and cur- national trade agreements with the world’s One of the border towns that we vis- rency alignment. An infrastructure invest- developed democracies and then invite in de- ited, and I put up this particular pic- ment plan should be negotiated as a core veloping nations to participate in this ’’free provision of any trade agreement. Com- world’’ Global Trade Organization. Such an ture, was of women and men living in plementary systems for education and safe, effort holds the potential to transition these these tiny shacks who have been dis- reliable medical care for all citizens, includ- nations upward to the same democratic, placed from the countryside. ing the over 9 million immigrants traveling legal, and environmental systems of the free Mr. Speaker, we welcome Mr. Suarez as itinerant labor to the U.S. every year, world. Instead, the trade relationships that Carrera with his colleagues and look must be addressed as central concerns of in- have been forged link the economic systems forward to the launching of a conti- tegrated economies. of first world democratic nations to Third RECOMMENDATIONS World, undemocratic, non-transparent sys- nental effort to speak out on behalf of tems. Social concerns like education, envi- Policy reforms are essential to amend farmers and working people of the ronment, infrastructure, labor conditions, NAFTA and other trade agreements that Americas. and health have been ignored. The downward have yielded such huge U.S. trade deficits, ‘‘race to the bottom’’ push of NAFTA con- NAFTA AT TEN: JOURNEY TO MEXICO job washout, and lowered standards of living. [From the Report of the U.S. Congressional tinues to be felt in the U.S. as well as Mexico A CONTINENTAL ASSESSMENT OF NAFTA SHOULD and Canada. Delegation, Nov. 14, 2003] BE LAUNCHED TO ADDRESS ITS SHORTCOMINGS TRADE ACCORDS SHOULD PRODUCE LIVING WAGE EXECUTIVE SUMMARY: NAFTA AND THE FUTURE An intracontinental parliamentary Work- JOBS, LESS POVERTY AND AN IMPROVED ENVI- OF GLOBAL TRADE ing Group on Trade and Working Life in RONMENT The North American Free Trade Agree- America, comprised of U.S., Mexican, and If NAFTA were working, more good U.S. ment (NAFTA) is now ten years old. At its Canadian members, should be established jobs would be created, outnumbering job heart, it embodies the new heroic struggle of with the goal of amending NAFTA to address losses. In Mexico, workers would experience working men and women to gain a foothold its shortcomings. Such a working group a rising standard of living. Exactly the oppo- in the rough and tumble global economy should analyze the results of NAFTA and its site is true. Conservative estimates indicate dominated by multinational corporate gi- impact on workers, farmers, and commu- the U.S. has lost 880,000 jobs due to NAFTA. ants. Unfortunately, it pits local workers nities. The Working Group should defIne a These jobs are largely in U.S. companies and farmers against global investors. It pits sustainable wage standard for workers in that merely relocate to Mexico paying ‘‘hun- Neustro Maiz, a peasant tortilla co-op in each country and a continental labor reg- ger wages.’’ Wages in Mexico have been cut southern Mexico, against ADM, the US grain istration system along with enforceable by a third. If NAFTA were working in the in- trade giant. It pits Norma McFadden of San- labor and environmental standards. It would terest of Mexicans, there would be a reduc- dusky, Ohio, who lost her middle class job identify the massive continental labor dis- tion in poverty, a growing middle class, and with benefits at Dixon Ticonderoga, against placements that are occurring, often with no environmental improvement. Instead there Ana Luisa Cruz of Cuidad Juarez, who earns social safety net in place. It would explore is a rollback in wages, deplorable working $7 a day with no benefits. For NAFTA to be options to deal with divergence in education conditions, and growing economic concentra- credible as a model for future trade agree- and health as well as currency fluctuations tion of wealth in a few hands, forcing huge ments, it must be amended. People should be and impact of trade on infrastructure, in- social dislocation. more important than goods. A human face to vestment, and migration. It would har- As U.S. jobs are sucked into Mexico, not trade must be negotiated. Without it, the monize inequitable tax systems and augment only do more people vanish from the middle global divide between poverty and wealth credit systems for the safe and non-usurious class but also U.S. schools lose property will exacerbate. More popular unrest will re- continental transfer of remittances by mo- taxes. In a state like Ohio that has lost near- sult from unfair trade, and the social com- bile workers. It would also propose funds in ly 200,000 jobs to Mexico, the economic de- pact so necessary for global cooperation will the form of adjustment assistance to cushion cline is visible. Ohio’s income growth is de- be shattered. continental economic integration. The orga- clining. In 1999, according to Ohio Depart- NAFTA is important because it serves as nization would include as a key component ment of Development statistics, citizens in the major template for a new global eco- an intracontinental Agricultural Working Ohio lost $30.7 billion in total income com- nomic order integrating rich and poor na- Committee to address the hardships faced by pared to the past year. The state itself lost tions through trade and investment. Mexico, farmers and farm labor in all three coun- $15 billion. As a result, college tuition has Canada and the U.S. were to integrate their tries. increased with average student under- economies and, as a result, be better posi- TRADE AGREEMENTS SHOULD YIELD TRADE graduate debt rising to record levels of tioned to compete globally. It was touted as BALANCES $18,900. Nursing homes are understaffed with the neo-liberal model that would lift the eco- If NAFTA were working in the interest of low paid workers, and the ranks of uninsured nomic condition of all people. All ships, no the U.S., there would be a trade surplus with Ohioans has risen to 1.3 million. The State is matter how small, were to be brought for- Canada and Mexico, as the U.S. exported raising taxes on everything from sales, to ward. But NAFTA worked exactly in the re- more than it imported. Exactly the reverse gas and to property to try to fill the gap of verse. Affected workers in all three nations is true. In 2003 the NAFTA trade gap equaled a fleeing private sector. Quality of life is saw their wages and working conditions low- 100 billion—$42 billion with Mexico and $85 sliding backwards. NAFTA-related environ- ered. As capital moved across borders with billion with Canada. This represents a seri- mental enforcement remains largely non- no social policies in place, NAFTA has trig- ous drag on U.S. gross domestic product and existent. If NAFTA were working, environ- gered an international race to the bottom as a loss of wealth. Indeed the U.S.-NAFTA mental improvement in Mexico would be up- even Mexico has lost 218,000 jobs to China, a trade balance with low-wage Mexico as well grading; it is sliding backward. lower wage environment with a notorious as Canada has turned decidedly more nega- TRANSITION U.S./CANADIAN DISPLACED WORKERS record of human rights abuses. tive, and worsened each year, contrary to TO COMPARABLE EMPLOYMENT AND MEXICO’S Capital and wealth have become more con- NAFTA’s stated aims. When a trade agree- WORKERS AND PEASANTS TO LAND HOLDING centrated in all three nations. The middle ment yields major and growing deficits for AND LIVING WAGE STANDARD class in the U.S. is experiencing a growing more than three years, it ought to be renego- NAFTA—displaced workers in the U.S. squeeze on benefits and job quality. In Mex- tiated. largely have been abandoned in their efforts ico, an endless supply of ‘‘starvation wage’’ DEVELOP AN ALTERNATE TRADE BLOCK to reposition to new employment. Unemploy- workers was unleashed. Now the Bush Ad- PARADIGM ment benefits expire, training is inadequate, ministration is trying to spread the same and health benefits expire or are Trade agreements must be structured to model to Central America using Central unaffordable. Experienced workers rarely achieve rising standards of living for a broad American Free Trade Agreement (CAFTA), find jobs with comparable payor benefits. middle class not just the capital class. The and throughout the rest of the Western Mexico’s vast underclass, underpaid, and ex- current NAFTA model fails to address the Hemisphere with the Free Trade Area of the ploited, lacks a living wage, affordable ele- root causes of market dysfunction and grow- Americas (FTAA). If these agreements are mentary education, basic health care, and ing U.S. trade deficits i.e., the managed mar- passed, it is clear that only the same can be systems to gain property ownership and af- expected, that is, expanding job washout, ket and regulated trade approaches being fordable credit even for basic purchases. In underemployment, and trade deficits in the employed by its European and Asian com- order to move forward with any future trade U.S. without improved living standards in petitors. With NAFTA, the U.S. chose a low agreements, NAFTA must acknowledge its the poor countries with whom it trades. wage strategy to meet this real competition human toll and respond accordingly. NAFTA A reformed trade model among trading na- from trading counterparts that were gaining provisions have led to the displacement of tions is needed that yields rising standards global edge. The U.S. must counter the man- thousands of small business, industrial and of living for workers and farmers. This must aged market and regulated trade approaches agricultural workers throughout the U.S., be based on transparent and enforceable of its major competitors. Mexico and Canada. Little provision has rules of law concerning labor, environment HARMONIZE QUALITY OF LIFE UP, NOT DOWN been made to assist these workers, farmers, and business. Continental sustainable wage Rather than allowing transnational com- and communities with any transitional ad- and labor standards should be adopted. Trade panies to set the rules of engagement, demo- justment assistance. In Mexico, this has

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2791 caused masses of people to stream toward trade deficits with most nations in the world lions of jobs to third world environments as the border and the maquiladora zones in and, a loss of U.S. jobs and growing stress on reflected in rising global trade deficits. search for jobs. middle class living standards. Outsourcing of production and services, even The North American Development Bank, The NAFTA ‘‘agreement’’ should actually of American icon products like Amana, which was established to help local commu- have been negotiated as a ‘‘treaty’’ due to its Brach’s, Hoover, and the PT Cruiser, became nities build their human and physical infra- wide-ranging impact—socially, economi- commonplace and accelerated. structures, has been an abject failure. It cally, environmentally, and politically. Yet, should promote economic investment in its authors cagily used the legislative vehi- f those regions of Mexico and the United cle of an ‘‘agreement’’ to stifle debate since The SPEAKER pro tempore (Mr. States where jobs have been hollowed out Congress cannot amend trade agreements. A REICHERT). Under a previous order of due to NAFTA, or infrastructure is needed. ‘‘treaty’’ would have allowed much closer the House, the gentlewoman from Cali- Bank assets could be enhanced by financial scrutiny allowing time for amendment and fornia (Ms. WOOLSEY) is recognized for contributions that flow from trade-related full debate. A treaty would have been a more 5 minutes. transactions. appropriate approach in view of the collat- (Ms. WOOLSEY addressed the House. eral damage NAFTA has caused especially to CREATE NEW CONTINENTAL LAW ENFORCEMENT Her remarks will appear hereafter in BODY TO COMBAT GROWING CRIME ALONG U.S.- poor and working people across our con- MEXICO BORDER REGION RELATED TO BORDER tinent. NAFTA is very imperfect legal basis the Extensions of Remarks.) WORKERS, DRUGS, AND UNSOLVED MURDERS on which to forge the terms of engagement f for the people of the American continent. OF HUNDREDS OF MEXICAN WOMEN The SPEAKER pro tempore. Under a REFORMING THE TRADING BLOCK PARADIGM The United States Departments of Labor previous order of the House, the gen- and Homeland Security should be tasked not One of NAFTA’s central aims was to stim- tleman from North Carolina (Mr. only with stopping the trafficking of bonded ulate a North American trading bloc that laborers but devising a continental labor could compete with anticipated competition JONES) is recognized for 5 minutes. identification card. Along with mass migra- from a unified European Union. As well, Jap- (Mr. JONES of North Carolina ad- tion, the border has seen an explosion in the anese-Asian integration had been already dressed the House. His remarks will ap- illicit drug trade. Law enforcement officers eating into global market share the U.S. had pear hereafter in the Extensions of Re- on both sides of the border must battle dominated, particularly automotive produc- marks.) smuggling in narcotics and persons. A conti- tion. But rather than addressing root causes nental working group should be directed to of market dysfunction and growing U.S. f recommend a new solution for combating trade deficits—the managed market and reg- The SPEAKER pro tempore. Under a crimes that result from the illegal drug and ulated trade approaches being employed by previous order of the House, the gen- bonded worker trade that spans the border. European and Asian competitors to gain tleman from Arizona (Mr. FLAKE) is NAFTA AT TEN (1993–2003) global edge—with NAFTA, the U.S. chose a recognized for 5 minutes. Congress narrowly passed the North Amer- low wage strategy. This has had real con- (Mr. FLAKE addressed the House. His ican Free Trade Agreement (NAFTA) in No- sequences. Mexico’s workers have been dispossessed remarks will appear hereafter in the vember 1993, after an emotional and pro- Extensions of Remarks.) tracted political struggle that engaged the by a global economic system that preys on entire nation. (Final Vote: 234–200—Repub- their weakness rather than securing for f lican: 132 ayes; 43 noes. Democrats: 102 ayes; them the rights and opportunities won by first world workers over the last two cen- The SPEAKER pro tempore. Under a 156 noes. Independent: 1 no) previous order of the House, the gen- Wall Street confronted Main Street. The turies. There has been no improvement in full weight of the legislative battle was best economic conditions for the vast majority of tleman from Indiana (Mr. BURTON) is reflected in House deliberations (http://thom- workers of Mexico since NAFTA. Moreover, recognized for 5 minutes. as.loc.gov). Never had a trade fight garnered U.S. workers continue to lose middle class (Mr. BURTON of Indiana addressed this type of attention from the general pub- jobs. A similar plight afflicts the European the House. His remarks will appear lic. Multinational corporations, many dis- Union as it struggles to integrate the corrup- hereafter in the Extensions of Re- playing their products on the White House tion-ridden, emerging states of the former marks.) lawn and using offices in the U.S. Capitol Soviet Union. In Asia, Japan—the second itself, lobbied hard to change the laws and largest market in the world—remains a f relationships that govern wages and working closed and a formidable economic power- The SPEAKER pro tempore. Under a conditions for the majority of America’s house having surpassed the U.S. in 1985 as previous order of the House, the gentle- the world’s premier auto producer. Its pro- workers. woman from California (Ms. LEE) is tected internal market and bold manipula- The workers and people of U.S., Canada, recognized for 5 minutes. and Mexico all would be affected in major tion of Chinese, Korean, and other Asian ways. Their livelihoods, communities, and labor-intensive operations has allowed it to (Ms. LEE addressed the House. Her the standard of living on the continent were gain growing market strength. It secures its remarks will appear hereafter in the at stake. Congress became the only venue in internal production, exploits cheap labor Extensions of Remarks.) which their concerns were given some voice. elsewhere, and exports those goods to first The evaluation of America’s ten-year expe- world markets or invests in them. f rience with this agreement is crucial. In 2004, NAFTA aimed at continental ‘‘free trade’’, The SPEAKER pro tempore. Under a debates loom over expansion of NAFTA into i.e., tariff elimination, between U.S., Mexico previous order of the House, the gen- other poor and middle-income countries in and Canada. Yet by the early 1990’s, most tleman from Illinois (Mr. GUTIERREZ) is Latin America through the Central Amer- tariffs already had been reduced between the recognized for 5 minutes. ican Free Trade Agreement (CAFTA) and the three nations, with an effective overall tariff (Mr. GUTIERREZ addressed the Free Trade Area of the Americas (FTAA). rate of about two percent. Indeed, NAFTA House. His remarks will appear here- Is the ‘‘NAFTA trade model’’ worthy of ex- concerned something else. Its unstated aim pansion? Or does it need to be fixed? was to provide a government sanctioned in- after in the Extensions of Remarks.) NAFTA was a precedent-setting economic surance scheme for rising investments by f agreement. At the time of its passage ‘‘free transnational corporations in low wage na- The SPEAKER pro tempore. Under a trade’’ was relatively a new concept. It had tions starting with Mexico, which was close been employed in rare circumstances, only to the U.S. market, and where subsistence previous order of the House, the gentle- recently in U.S. history, just since 1985, when labor was plentiful. NAFTA accelerated the woman from Texas (Ms. JACKSON-LEE) the U.S. signed a ‘‘Free Trade’’ agreement shipping out of U.S. jobs. For unlike tiny is recognized for 5 minutes. with Israel to eliminate all duties on trade Israel, the populations of Mexico and Canada (Ms. JACKSON-LEE of Texas ad- between the two countries over a six year pe- totaled over 125 million persons: Mexico’s dressed the House. Her remarks will riod. Certain non-tariff barriers remained for largely poor population equals over 100 mil- appear hereafter in the Extensions of agricultural products. But Israel was a small lion and its workers fearful about organizing Remarks.) country with a middle class population of six trade unions to gain living wages. The low million. Its integration with the U.S. market wage pull was irresistible. f of over 250 million consumers at the time By the early 1990’s, the U.S. was already The SPEAKER pro tempore. Under a was accomplished with minimal disruption. falling behind Europe and Asia as its global previous order of the House, the gen- Unfortunately, NAFTA’s flawed, untested ar- trade deficit in goods rose with each passing tleman from Florida (Mr. MEEK) is rec- chitecture has served as the ‘‘model’’ for suc- year. With NAFTA’s passage, the export of cessive trade agreements negotiated by the U.S. jobs to Mexico exploded. Mexico started ognized for 5 minutes. U.S. with developing nations which have to import vast quantities of Chinese prod- (Mr. MEEK of Florida addressed the huge impoverished populations, such as ucts that then backdoored their way into the House. His remarks will appear here- China. As a result, the U.S. has amassed U.S. The U.S. job market began to shift mil- after in the Extensions of Remarks.)

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2792 CONGRESSIONAL RECORD — HOUSE May 3, 2005 The SPEAKER pro tempore. Under a as Asian Pacific American Heritage Mr. Speaker, I especially want to previous order of the House, the gen- Month. honor those who have given their lives tleman from Georgia (Mr. BARROW) is The first AAPI settlement in this to protect our freedom, including recognized for 5 minutes. country dates to 1763, when Filipinos Guam’s Army Specialist Christopher (Mr. BARROW addressed the House. escaped imprisonment aboard Spanish Wesley, Lieutenant Michael Vega, Ser- His remarks will appear hereafter in galleons and established a community geant Eddie Chan, Corporal Jaygee the Extensions of Remarks.) near New Orleans. Today, that AAPI Meluat, and Specialist Jonathan f community is one of the fastest grow- Santoes, all servicemen from Guam The SPEAKER pro tempore. Under a ing populations in the country, with who were killed in Iraq. previous order of the House, the gentle- over 12 million AAPIs living in the U.S. I mention these heroes as a reminder woman from New York (Mrs. MCCAR- and representing 4.5 percent of the that Americans in the territories stand THY) is recognized for 5 minutes. total U.S. population. shoulder to shoulder with their citizens My home State of California has both (Mrs. MCCARTHY addressed the when our Nation calls, and that we House. Her remarks will appear here- the largest AAPI population, 4.6 mil- willing share the burdens and the sac- after in the Extensions of Remarks.) lion folks, and the largest numerical rifices to preserve our freedom. increase of AAPIs since April of 2000. f We remember prominent Asian and Mr. Speaker, this year’s theme for Pacific Islander Americans who dedi- ASIAN PACIFIC AMERICAN Asian Pacific American Heritage cated their lives to public service, HERITAGE MONTH Month is ‘‘Liberty and Freedom For doing their part to promote justice, not The SPEAKER pro tempore. Under All.’’ just for Asian and Pacific Islander As we honor the AAPI community’s the Speaker’s announced policy of Jan- Americans, but for all Americans. To- contributions to this great Nation, I uary 4, 2005, the gentleman from Cali- night I would like to make special would also like to note the very social fornia (Mr. HONDA) is recognized for 60 mention of two of our colleagues, the injustices the AAPI community still minutes as the designee of the minor- late Congressman Robert Matsui of face. For example, the New York Times ity leader. California who was a staunch advocate today reported a recent study commis- GENERAL LEAVE sioned by the National Asian Pacific for the cause of the disadvantaged, the Mr. HONDA. Mr. Speaker, I ask American Legal Consortium, a Wash- elderly, and young Americans; and the unanimous consent that all Members ington-based civil rights organization. late Congresswoman Patsy Mink of Ha- may have 5 legislative days within The study showed that AAPIs por- waii, who was a champion of women’s which to revise and extend their re- tray only 2.7 percent of the regular rights and for the poor. Each has left a marks and include extraneous material characters on prime time national net- legacy that lives on in those whose on the subject of my Special Order work television. Our community is still lives they have touched and improved. today. misrepresented in all areas of society, Asian Pacific American Heritage The SPEAKER pro tempore. Is there especially in the media and on prime Month is an opportunity to educate our objection to the request of the gen- time television even though we make fellow citizens about the history and tleman from California? up 5 percent of the total population. culture of Asian Pacific Island Ameri- There was no objection. Although we are often misperceived cans. Their contribution to America is Mr. HONDA. Mr. Speaker, I rise as monolithic, our community is ex- not just the diverse cultures that they today to recognize the Asian American tremely diverse in our languages, have introduced to this land; it is also and Pacific Islander community and to ethnicities, and culture. Aggregating their stories of incredible journeys to commemorate Asian Pacific American such a large and diverse group makes it freedom. Heritage Month. difficult to understand the unique Historically, Asians and Pacific Is- As Chair of the Congressional Asian problems faced by the individual landers have known war and strife. Pacific American Caucus, CAPAC, I ethnicities and subgroups such as the They have survived and thrived to the feel privileged to be here tonight to Southeast Asian Americans who are benefit of America. They have a power- speak of the history and accomplish- refugees who fled their home countries ful story to tell, and they have a love ments of the Asian American and Pa- during the late 1970s and the early for this Nation that many of us today cific Islander, AAPI, community. 1980s. take for granted. Additionally, I will be highlighting As a country, we need to better ad- This year, the people of Guam will those issues affecting our community just the needs of the AAPI community commemorate the 61st anniversary of that are also priorities for CAPAC. when we discuss immigration, health, our islands’s liberation by the United Mr. Speaker, I would like to take a and education issues. States Armed Forces during World War moment to acknowledge and remember Mr. Speaker, I yield to the gentle- II. As the only American territory with extraordinary community activists, ad- woman from Guam (Ms. BORDALLO). a civilian population occupied by the vocates, leaders, and long-time friends Ms. BORDALLO. Mr. Speaker, as the enemy during World War II, Guama- of the AAPI community that we have congressional representative from nians risked their lives due to their lost this year, such as Fred Korematsu, Guam, it is my honor to join my col- loyalty to America, and endured great Dr. John B. Tsu, K. Patrick Okura, Iris leagues in commemorating Asian Pa- hardship and brutality. During this Chang, and my colleague and friend, cific American Heritage Month. I want dark period in Guam’s history, our peo- Congressman Bob Matsui. to thank our chairman, the gentleman ple experienced beheadings, executions, Thanks to the late Representative from California (Mr. HONDA), the chair- massacres, beatings, torture, rape, Frank Horton from New York and my man of the Congressional Asian Pacific forced labor, forced marches, and in- good friend, Secretary Norman Mineta, American Caucus, for his outstanding ternment in concentration camps. I along with Senators DANIEL INOUYE leadership and for organizing this Spe- want to recognize the survivors of the and Spark Matsunaga, May is des- cial Order to recognize the contribu- occupation of Guam for their courage, ignated as Asian Pacific American Her- tions of Asians and Pacific Islander their sacrifice and steadfast loyalty to itage Month to celebrate and honor the Americans to our Nation. our great Nation. contributions of the Asian and Pacific Today as we celebrate ‘‘Liberty and Mr. Speaker, 2 years ago, a Federal Islander community. Freedom For All,’’ and as thousands of commission was tasked by Congress to The first 10 days of May coincide American servicemen and -women con- examine whether the people of Guam with two important anniversaries: the tinue to fight the global war on ter- received equal treatment in the han- arrival of the first Japanese immi- rorism in Iraq and Afghanistan, we are dling of war claims as compared to grants on May 7, 1843, to the United reminded of the sacrifices made to en- their fellow citizens. States; and the completion of the sure our freedom. We reflect on the transcontinental railroad on May 10, thousands of Asian and Pacific Island- b 2115 1869. ers who are serving this country with The Guam War Claims Review Com- In 1992, Congress passed the law that honor and distinction in very dan- mission reported in June 2004 that officially designated May of each year gerous circumstances. there was indeed a lack of parity and

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She has left an next great chapters in the ongoing nar- stated, ‘‘The Review Commission af- indelible mark that gave her the honor rative of this great country. firms that there is a moral obligation of distinguished; Mr. Speaker, nowhere in our country on the part of our national government Haing Ngor, the first Cambodian is the story of Americans of Asian and to pay compensation for war damages, American to win an academy award for Pacific Island descent better illus- in order to ensure that to the extent his role in the film ‘‘The Killing trated than my own Hawaii, where well possible, that no single individual or Fields.’’ over 50 percent of our population is group of individuals bears more than a And let us acknowledge the great Asian and Pacific American, where our just part of the overall burden of war.’’ Members of Congress who make up this Asian and Pacific American commu- With the support of the Congres- august body who are Asian American nity has achieved the pinnacle of suc- sional Asian Pacific American Caucus, and Pacific Islanders: cess in all facets of local, statewide, I have introduced legislation, H.R. 1595, The Honorable MIKE HONDA, who is national and international life, and the Guam World War II Loyalty Rec- the caucus chair of our caucus; where a majority of all marriages and ognition Act, with 75 sponsors, to im- The Honorable DAVID WU; a majority of all children share more plement the recommendations of the The Honorable BOBBY SCOTT; now than one ethnicity, more likely Review Commission. I urge my col- And, newly, the Honorable DORIS than not an ethnicity of the Asian and leagues to help us bring closure to this MATSUI. Pacific Americans. issue for the people of Guam. Let us fi- And let us not forget and pay tribute And the story of APAs in Hawaii is a nally grant recognition to some of the to our dear friend and colleague, the rich and compelling story which acts finest patriots America has ever pro- late Congressman Robert Matsui who as a microcosm of the story of our very duced, and let us commend the people recently passed away. He was an ex- country. Of course, it started millennia of Guam for their sacrifices for our Na- traordinary man, Mr. Speaker, who ago when the ancestors of our indige- tion during the wartime occupation of overcame challenges and obstacles and nous peoples, the native Hawaiians, our island. became a great Member of this body. came to Hawaii from their ancestral As we commend Asian Pacific Amer- He will be remembered as a national homelands to the south, joining other ican Heritage Month, let us honor the champion of all Americans, particu- indigenous peoples in the U.S. main- contributions of all Asian and Pacific larly our seniors and Social Security. land and Alaska in the original settle- Islander Americans. Let us celebrate Despite hardships and discrimina- ment of our country. And it continued the cultural diversity, the patriotism, tion, Asian and Pacific Islander Ameri- in the last 200 years with the great mi- and the Asian and Pacific Islander cans have maintained an abiding and grations from Japan and China. And in communities that make America so unwavering belief in the promise of our the last 100-plus years, with still fur- great. country and they have moved forward ther great migrations from Korea and Mr. HONDA. Mr. Speaker, I yield to to make remarkable contributions to the Philippines. And then in the last the gentlewoman from California (Ms. our Nation. I am proud to stand with half century from the Pacific islands MILLENDER-MCDONALD). them tonight as a member of the Asian such as Samoa, Tonga, Fiji and Guam. Ms. MILLENDER-MCDONALD. Mr. Pacific Islander Caucus. And amazingly it continues since to Speaker, I am honored tonight to have This time of tribute is also a time of this opportunity to pay tribute to this day, in the last quarter century, celebration and reflection upon where from Vietnam and Cambodia and Laos Asian and Pacific Islander Americans we have been and where we are going during this month when we honor their and the other nations of Micronesia, as a Nation, ever mindful that liberty great heritage. Melanesia and Polynesia. And through- and freedom for all must be our collec- Asian and Pacific Islander Americans out, of course, many, many other im- constitute one of the fastest growing tive national goal. migrants from other Asian and Pacific Finally, tomorrow I will be intro- minority communities in the United countries, India and Pakistan and Sri ducing a resolution honoring the vic- States, and I am proud to say that they Lanka and Bangladesh, Thailand and are a significant part of my constitu- tims of the Cambodian genocide. I am Indonesia and Malaysia and much ency in southern California while they proud that the largest Cambodian pop- more. represent over 13 million Asian and Pa- ulation in the United States resides in So when we pause to honor the rich cific Islander Americans who live in my district. Their culture and con- and diverse heritage of our APA com- this United States. It is estimated by tribution, along with all Asian and Pa- munities, we honor the capital of the the year 2050, they will comprise about cific Americans, have enriched our APA world, my Hawaii, a beacon to the 33.4 million, or 8 percent of our total community and this American land- world of what can be. population. scape. We are a better country because Yet what is throughout our country Asian and Pacific Islander Americans of their contributions. is not where it can and should be, for have made tremendous contributions Mr. HONDA. Mr. Speaker, I yield to there remain challenges aplenty. There to our society. They are government the gentleman from Hawaii (Mr. CASE). is always the specter of racism and dis- leaders, scientists, lawyers, athletes, Mr. CASE. Mr. Speaker, I rise today crimination. Yes, less than there was, business men and women, artists, sol- as a proud member of the Congres- less overt, less on the surface than it diers, advocates for civil rights and sional Asian Pacific American Caucus has been, but insidious enough and champions for the underrepresented. so ably led by the gentleman from Cali- there enough to flare up with very lit- As we celebrate this glorious month, fornia (Mr. HONDA) to join my col- tle warning, a specter against which let us remember some of the notable leagues in commemorating our Asian constant vigilance is required. Asian and Pacific Islander Americans Pacific American community at the And there are still unique challenges who have served our Nation with honor outset of APA Heritage Month. in economic and social advancement and distinction: And I do so with deep respect, great for the APA community and unique Kalpana Chawla, who became the pride, humble appreciation and eager conditions to be addressed in health first Indian-American woman astro- anticipation. Respect, for the great care and education and other areas. naut, who, while pursuing her dreams, challenges generations of Asians and And there are still goals of funda- perished in the Columbia shuttle dis- Pacific Americans have faced in our mental fairness to be accomplished aster; country and overcome and still face with many of our APA communities, Fred Korematsu, a Japanese Amer- and will overcome. Pride, for the pro- most notably, in my case, Federal rec- ican who, for decades, fought tirelessly found role my own Hawaii, has played ognition for our native Hawaiians. for civil rights; in the nurturance and maturation of But while we must remember tonight Yuan T. Lee, a Taiwanese American our APA communities throughout our these challenges and what we must do, who shared the Nobel peace prize in country. Appreciation, for the rich tap- we also remember all that is good and 1986 for his work in chemistry; estry APAs have woven in the fabric of great in our APA community. Let me And, of course, my dear friend, the our national identity. And anticipa- give you just one great example, be- Honorable Patsy Mink, the first Asian- tion, for what certainly lies ahead for cause we remember tonight that hard

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2794 CONGRESSIONAL RECORD — HOUSE May 3, 2005 on us is the centennial of sustained im- lander communities continue to grow, quately documented and reflected by migration from the Philippines to our our Nation’s entertainment sector con- the media. country, the 1906 exodus from the tinues to fall behind in recognizing Mr. Speaker, in commemorating this mother country to the sugar planta- their presence through film and tele- year’s Asian Pacific American Heritage tions of Hawaii, an exodus that acceler- vision and their influence in shaping Month, I call on the entertainment in- ated in 1946 and on and now has yielded the course of our Nation. dustry to further improve their depic- fully 2.4 million citizens of our country Just last week, the National Asian tion of the AAPI communities and urge of Philippine descent. Pacific American Legal Consortium re- everyone to remain vigilant about the Yes, it will be a great year for the leased a report called ‘‘Lights, Camera, roles the media play in capturing the Filipino community of celebration, and Little Action,’’ detailing the short- shared heritage of Asian and Pacific Is- with barrio fiestas and song and dance age of Asian-American characters on lander communities in our Nation. and remembrances of the pioneers and prime time network television. The re- Mr. HONDA. Mr. Speaker, I thank those who succeeded on their broad port finds that while Asian Americans the gentlewoman from California (Ms. shoulders. But in many ways, what we and Pacific Islanders make up 5 per- WATSON) for her presentation, and I celebrate tonight is the recognition cent of the United States population, will reiterate her admonition to the that for the Filipino-American commu- they represent only 2.7 percent of reg- media in terms of being able to depict nity, the celebration of their centen- ular characters on prime time tele- Asian American communities. nial will be a celebration in miniature vision. The report also finds that vir- Mr. Speaker, I would like to speak on of the Asian and Pacific American ex- tually no Asian actors are cast in situ- a couple of points before I yield to the perience in our country, for the story ation comedies, and the characters gentleman from Oregon. On the issue of immigration, Mr. Speaker, our Nation of our APA community is the story of they play in dramas tend to have less was founded by immigrants who valued our America, from its earliest begin- depth and development than most freedom and liberty and who sought to nings to its latest arrivals, a story still regulars, with minimal on-screen time be free from persecution from a tyrant unfolding as, for example, is happening and few romantic roles. government. Families fled from their right on the floor of this U.S. House of For example, programs such as ‘‘King home countries to seek refuge in this Representatives, with my congres- of Queens,’’ set in a New York City bor- great Nation because they too believed sional page appointment, Awapuhi ough, features no regular Asian char- in liberty, justice, and freedom for all. Dancil of Makawa, Maui, a junior at acters despite the fact that almost one AAPI families who seek to be re- Kamehameha Schools and undoubt- in five residents of the city are Asian united with their families overseas edly, no doubt about it, a leader in the Americans. The show ‘‘Charmed’’ on have not seen their dreams come true making for the APA community and the network WB also includes no Asian because of our broken immigration sys- for our country in the future. actors, despite being set in San Fran- tem. Over 1.5 million Asians are caught And so this is a story worth telling cisco where a third of the population is in the family immigration backlog and over and over again as we do here again Asian American. Such whitewashing of immediate family members from over- tonight. prime time television not only fails to seas wait as long as 10 years to reunite Mahalo and aloha. reflect reality, it also denies viewers with their families in the U.S.; and if Mr. HONDA. Mahalo. the opportunity to learn about other they are a young teenager, by the time Mr. Speaker, I yield to the gentle- cultures and the chance to further they reach 18, they get switched to an- woman from California (Ms. WATSON). cross-cultural understanding and com- other line. Mothers and fathers wait to Ms. WATSON. Mr. Speaker, I rise munication. reunite with their children; but due to today to commemorate Asian Pacific the long years of waiting, their chil- American Heritage Month and to cele- b 2130 dren may have already reached the age brate the lives and accomplishments of And, finally, I think an equally dis- of 18 and their families will have to Asian Americans and Pacific Islanders turbing trend is the study’s finding that when AAPIs are depicted on a tel- start the process over again. in U.S. history. I want to thank the As we honor the 40th anniversary of evision show, they are placed in roles gentleman from California (Mr. the Immigration Nationality Act of that reinforce stereotypes. Let me give HONDA), Chair of the Congressional 1965 and the 30th anniversary of the the Members an example. While the Asian Pacific American Caucus for or- Refugee Act of 1975, we need to remem- ganizing this special order. I thank the 2000 U.S. census showed that half of ber that our country was founded and gentleman very much. AAPI adults do not have college de- created to protect our freedom and Mr. Speaker, I represent one of the grees, all of the Asian American char- civil liberties. most diverse congressional districts in acters on prime time television have As Chair of CAPAC, we have worked our Nation, with African Americans, professional jobs that often require ad- closely with the Congressional His- Hispanic Americans and Anglo Ameri- vanced degrees. These are admittedly panic Caucus to speak out against the cans, each making up about 30 percent very positive portrayals, and many REAL ID Act. For the AAPI commu- of my Los Angeles-based district. Los ethnic groups have railed against their nity, the REAL ID will make it harder Angeles’ Korea Town, also in my con- negative portrayals in the media as for those seeking asylum to prove their gressional district, is home to 80,000 gang members, pimps, drug dealers, case. This will prevent legitimate asy- Asian Americans, who make up rough- and prostitutes. Nonetheless, any eth- lum seekers from obtaining relief in ly 13 percent of my constituency. My nic stereotyping by media, even posi- the United States. The REAL ID Act congressional district includes Sony tive stereotyping, tends to eliminate requires asylum applicants to prove Studios, Capital Records, American the larger public’s understanding of the that the central motive for their perse- Film Institute and Raleigh Studios. It real conditions of the ethnic group. cution was race, religion, nationality, is the home of our Nation’s and a great Mr. Speaker, the contributions of membership in a particular social deal of the world’s entertainment in- Asian Pacific Americans to the growth group, or political opinion. The REAL dustry. Today, I want to address the and success of this Nation cannot be ID Act ignores the fact that those who need for adequate and accurate rep- overstated. The history of their strug- flee brutal human rights abuses often resentation of Asian Americans in film gle and triumph in the United States escape from situations that preclude and television. must be captured and remembered. One gathering of documentation to present Many of my colleagues speaking of the most effective means of com- ‘‘corroborating evidence.’’ Applicants today have already mentioned the fact memoration is through the accurate may be denied based on any inconsist- that there are over 13 million Asian portrayal of AAPI characters in film encies or inaccuracies in their stories. and Pacific Islanders living in the and television that illuminates their An escapee from the Darfur region can- United States and that by the year hopes, dreams, and struggles. The not go back and track evidence of their 2050, there will be an estimated 33.4 AAPI communities have played instru- persecution without facing a life million self-identified Asian Americans mental roles in advancing the freedom threatening situation. in the United States. However, while and equality of all Americans; yet we Therefore, I believe we need com- the Asian American and Pacific Is- do not see their achievements ade- prehensive immigration reform to fix

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Mr. Speaker, I thank the percent Vietnamese Americans and 16 guistically appropriate and culturally gentleman from California for his lead- percent of native Hawaiians and Pa- competent services, and access to ership in organizing this Special Order cific Islanders who are 25 years and health insurance. tonight and for his leadership in older have a bachelor’s degree. CAPAC has been working with both chairing the Congressional Asian Pa- These numbers show that we must do the Congressional Hispanic and Black cific American Caucus. a better job of disaggregating data and Caucuses on the Healthcare Equality Mr. Speaker, it is with great honor information about our communities to and Accountability Act to eliminate and pleasure that I join with my fellow assess the needs of those hard-working ethnic and racial health disparities for members of the Asian Pacific Amer- Americans who still falter behind. all of our community. I will be intro- ican Caucus in celebration of Asian Pa- To address the disparities between ducing the Healthcare Equality and cific American Heritage Month. This subgroups of the larger AAPI commu- Accountability Act, which will address month marks the 27th time America nity, we need Congress to pass the expanding the health care safety net, has recognized and celebrated the Asian American and Pacific Islander diversifying the health care workforce, many contributions and achievements Serving Institutions bill, which the combating diseases that disproportion- of Asian Pacific Americans. gentleman from Oregon (Mr. WU) will ately affect racial and ethnic minori- Our country was founded as a Nation be introducing later this month. This ties, emphasizing prevention and be- of immigrants. America has reached its legislation will provide Federal grants havioral health; and promoting the col- greatness in part by the accumulation to colleges and universities that have lection and dissemination of data and of ideas from those with varied herit- an enrollment of undergraduate stu- enhance medical research, provide in- age and backgrounds. In particular, dents that is at least 10 percent AAPI terpreters and translation services in Asian Pacific Americans have made and at least 50 percent of its degree- the delivery of health care. profound contributions to American seeking students receive financial as- Mr. Speaker, in California a Hmong life, including the arts, education, sistance. man was going to the hospital to have science, technology, politics, and ath- As a caucus, we will work to increase his right leg amputated in surgery. letics. Asian Pacific Americans were the availability of loan assistance, And the doctor, in order to confirm here to help build the transcontinental scholarships, and programs to allow whether he had the right leg pointed railroad, to serve in the Civil War, and AAPI students to attend a higher edu- out, spoke to the gentleman before sur- most recently to develop the latest in cation institution; to ensure full fund- gery and asked him if this is the cor- Internet technology. Asian Pacific ing for teachers and bilingual edu- rect leg, and the gentleman did not un- Americans have played an active and cation programs under the No Child derstand. He just nodded. When he crucial role in the development of this Left Behind Act; to support English came to from anesthesia after the sur- country from knitting it together, as I language learners; and to support full gery, he found that his good leg was mentioned, with the transcontinental funding of minority outreach programs amputated. And because of lack of railroad, to bringing us closer to the for access to higher education such as translations and lack of linguistic serv- rest of the world through the tech- the TRIO programs to expand services ices, this man became more disabled nologies of the Worldwide Web. to serve AAPI students. than he should have been. The Asian Pacific American commu- In health, Mr. Speaker, a common Mr. Speaker, I now yield to the gen- nity remains and always will be an in- misperception of AAPIs is that as a tleman from Washington (Mr. INSLEE), tegral and vibrant part of American so- group we face fewer health problems a great friend and advocate. ciety. As we take part in celebration of than other racial and ethnic groups. In Mr. INSLEE. Mr. Speaker, I have en- Asian Pacific American Heritage fact, AAPIs as a group and specific pop- joyed listening to this story of the tap- Month, I urge everyone to participate ulations within this group do experi- estry of the Asian American Pacific Is- more deeply in the civic life of our Na- ence disparities in health and health lander community in America; and tion. Asian Pacific American civic par- care. For example, AAPIs have the that tapestry, of course, consists of ticipation and engagement will help highest hepatitis B rates of any racial quite a number of threads. I would like define our collective future. By work- group in the U.S. to add one thread to this great story of ing together, we can bridge and build Last week, I, along with the gen- this important part of the American upon our great Nation’s diverse com- tleman from Pennsylvania (Mr. MUR- tapestry. munities and move forward with deter- PHY), introduced a resolution to sup- And that story began on March 30, mination and unity. port the goals and ideals of National 1942, on Bainbridge Island, Washington, I encourage Congress and the Amer- Hepatitis B Awareness Week. actually the island where I live. On ican people to spend part of May ab- AAPIs are also five times more likely that day, a young 21⁄2-year-old named sorbing the legacy, culture, and to develop cervical and liver cancer Frank became one of the first Ameri- achievements of the Asian Pacific than any other ethnic and racial group. cans of Japanese descent to be rounded American community. According to the Census Bureau, 18 up by our military and forced to leave Mr. HONDA. Mr. Speaker, I thank percent of AAPIs went without insur- his home. We have a picture here. Ac- the gentleman for his comments. ance for the entire year in 2000. This tually, it is a pretty historic picture. Mr. Speaker, I would like to touch on means that the uninsured are not only These were the first Japanese Ameri- a couple more subjects, if I may. more likely to go without care for seri- cans to be interned during World War As Americans, we need to ensure that ous medical conditions; they are also II. They left the dock on Bainbridge Is- our children receive a quality edu- more likely to go without routine care, land en masse, surrounded back up cation by providing adequate teacher less likely to have a regular source of here, though we do not see them in the training, funds for after-school and ex- care, less likely to use preventative picture, of soldiers with bayonets; and tracurricular activities, and ensuring services, and have fewer visits per year. they were marched down into a boat that college is affordable for every stu- At the same time, without appro- and taken to Seattle and eventually to dent that desires to receive a higher priate language translation services or Manzanar. education. properly translated materials, limited According to the U.S. census, 50 per- English-proficient immigrants cannot b 2145 cent of Asians age 25 or over have a receive adequate care, as well as State Obviously, at that time, after the bachelor’s degree or higher level of and Federal benefits for which they Japanese bombing of Pearl Harbor, our education. However, I would like to may be eligible. In the AAPI commu- Nation was really living under a cloud emphasize that when we disaggregate nity, 76 percent of Hmong Americans, of uncertainty when, along with Frank, the data for AAPI subgroups, we find 61 percent of Vietnamese Americans, 52 226 other men and women, families left

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2796 CONGRESSIONAL RECORD — HOUSE May 3, 2005 the dock at Bainbridge Island, and they California (Mr. HONDA) for convening With regard to the Filipino veterans, were the first imprisoned at Manzanar. this important discussion. I stand with my colleagues, the gen- Eventually, 120,000 Americans of Japa- Mr. HONDA. Mr. Speaker, I would tleman from California (Mr. nese descent were stripped of their very like to thank the gentleman from CUNNINGHAM) and the gentleman from basic rights and freedoms guaranteed Washington for his great work and also California (Mr. FILNER) to support to every American under the Constitu- for making sure that the lessons of in- their bipartisan legislation, H.R. 302, to tion, and most spent the duration of ternment is not only academic, but restore full benefits to those veterans the war in these camps. also personal, and for dedicating sites who fought for our Nation in World It took a long time for Americans to that will be a hands-on experience for War II when they were asked and re- come to grips with this, come to grips generations to come. cruited to become our allies in fighting with these injustices as part of our his- Mr. Speaker, I would like to continue the Japanese military during World tory. But it is important to remember on Social Security and, as we continue War II. However, this effort has been them lest we forget and allow fear and this debate on Social Security, I want stalled and frustrated over the years. It anxiety that is understandable ever to to emphasize the fact that privatizing is not an issue of who is in the adminis- push us over the edge again to dark- Social Security will impact the Asian- tration, it is an issue of the State De- ness that occurred to those people in Americans and Pacific Islanders just as partment. I would also ask my col- those years. it will impact all Americans. We need leagues in Congress on both sides of the Frank is now known as Dr. Kitamoto, to protect and secure Social Security aisle to take note of this bill that is a great dentist on Bainbridge Island. for the AAPI community, because So- being sponsored by the gentlemen from Frank is a grown man. He carries the cial Security provides retirement secu- California (Mr. CUNNINGHAM) and (Mr. story of this internment with a very rity to AAPI families. More than FILNER), to study it and understand quiet strength and courage. And he 785,000 AAPIs receive Social Security that a promise made should not be a knows that while we regret those deci- benefits, and the average monthly ben- promise broken as it was in 1946, but a sions that were made 63 years ago, he efit for AAPIs is $716. promise kept. We have an opportunity does not cast blame. Instead, Dr. Social Security needs a solid source in this session to keep that promise, Kitamoto has transferred his personal of funding, not a plan that makes the and to make good our word to those experience into a living history to try problem worse by draining trillions of veterans who fought alongside of our to share the wisdom that comes with dollars away from Social Security. So- veterans and soldiers in World War II. such a searing experience. He shares cial Security is a generational promise Mr. Speaker, I would like to discuss a his story so that others can learn from to honor our parents and Americans few firsts in our community. I am this mistake so that we are reminded who have paid into Social Security for proud of our community’s accomplish- not to let that happen again. years, and we need to fight to protect ments, and I would like to recognize Frank has a 45-minute slide presen- and secure the promise of benefits. many of the AAPI firsts in the areas of tation that he presents to schools On a personal note, my mother, who art, film, sports, sciences, academia, throughout the State of Washington, is 88, has worked all her life. She has and politics. and California, Oklahoma, Connecticut worked in the fields, she has worked In 1846, Yung Wing, the first Chinese and Idaho, wherever he is invited, and with my father as a sharecropper in American graduated from Yale Univer- he makes the trip on his own dime. strawberries and, later, she was a do- sity and the first AAPI to graduate Frank wants to make sure this story is mestic worker, taking care of other from a U.S. college. told and told by someone who knows people’s homes and cleaning their In 1863, William Ah Hang, who was a the story. homes. All of this work has dignity to Chinese American, became the first For over 20 years he has lead the it. It provided sufficient revenues to AAPI to enlist in the U.S. Navy during Bainbridge Island Japanese American put food on our table. However, she did the Civil War. community as President, and he has not have a pension plan. She did not In 1944, An Wang, a Chinese Amer- worked to create a memorial, a remem- have other plans that would sustain ican who invented the magnetic core brance to this event in our commu- her in her retirement years. She is one memory, which revolutionized com- nity’s history. The Bainbridge Island of those 90 percent of widows who de- puting and served as the standard community put a lot of effort into se- pend upon Social Security for 90 per- method for memory retrieval and stor- lecting a name for this memorial and, cent of their income on a monthly age. with care and deliberation, selected a basis. It is for those women, for chil- In 1946, Wing F. Ong, a Chinese Amer- Japanese phrase, ‘‘Nidoto Nai Yoni’’ or dren who have survived family trage- ican from Arizona, became the first ‘‘let it not happen again.’’ dies and became orphans, for those who AAPI to be elected to a statewide of- I am proud that the history of Dr. are disabled, that we submit that So- fice. Kitamoto has become part of the cial Security should not be deformed, In 1948, Victoria Manalo Draves, a American story, and I was proud to but perhaps reformed and have a sense Filipino American diver, the first sponsor legislation that will hopefully of solvency into the future. woman to win Olympic Gold Medals in make the ‘‘Nidoto Nai Yoni’’ memorial Mr. Speaker, I would also like to ex- both the ten-meter platform and three- at Pritchard Park an officially recog- tend my gratitude to the patriotic men meter springboard events. nized part of our national heritage. and women serving our country in the In 1956, Dalip Singh Saud, the first That bill passed this Chamber last military, including 60,813 AAPIs serv- Indian American to be elected to Con- year, we are in the planning phases ing on active duty in the U.S. armed gress. That only became possible after now, to make this a national memo- services, as well as the 28,066 in the Re- the anti-Asian law that prohibited rial. Most of this dock is not here now, serves and the National Guard. I also Asians to become U.S. citizens to be- but we have just a beautiful memorial commend and thank the 351,000 AAPI come naturalized; after that law was planned so that this story can remain veterans who fought for this country. rescinded, Asian Americans were able part of our national tapestry. I would like to highlight and honor to participate in the government and It is my honor to join efforts with Dr. the Filipino veterans who have not the democracy of this country who Kitamoto and sit beside him at the been compensated and recognized for were not born in this country. dedication ceremony for the memorial. their service, which I believe is a na- In 1965, Patsy Takemoto Mink, the It is my honor now to remember and tional disservice to these brave vet- first Japanese American woman and share this story of a group of Ameri- erans. As a country, it is our duty to woman of color elected to Congress cans whose quiet strength and sacrifice ensure that these veterans have equal who championed Title IX. and courage and patriotism of the access to all of the benefits and treat- In 1985, Haing Ngor, a Cambodian many sons who served in World War II ment that other veterans receive. We American, became the first AAPI to while their families were in these believe that our troops should be taken win an academy award for his role in camps. Their story really is an inspira- care of when we send them into battle ‘‘The Killing Fields’’ movie. tion for everyone everywhere, and I and that they should be given the re- In 1985, Ellison Onizuka, a Japanese want to thank the gentleman from spect when they return home. American, became the first Asian

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2797 American Pacific Islander astronaut in age Month is ‘Liberty and Freedom for All.’ ment camps after the bombing of Pearl Har- space. Each of these individuals leaves us with a leg- bor. Congressman Matsui himself was placed I would like to close, Mr. Speaker, by acy that still burns to be fulfilled. For despite in the Tule Lake internment camp along with saying that the Asian American Pacific the great progress that we have made, we still his family in 1942. He was later instrumental Island community continues to fight have a long way to go to ensuring equality in securing the passage of the Japanese- for our civil rights as Americans. Even and expanding opportunities so that all Ameri- American Redress Act as well as in ensuring after the internment of the Japanese cans have a chance to achieve their full po- a monument to Japanese-American patriotism Americans during World War II, we, as tential. Their work will continue on in all of us. during World War II. a community, did not grow embittered This year we also commemorate the 40th Representative Matsui’s experience dem- or cowed by discrimination; instead, we anniversary of the Immigration Act of 1965, onstrates the determination and perseverance progressed and moved forward. I am and the 30th Anniversary of the Refugee As- that characterized Asian Pacific Americans proud to be a member of the AAPI sistance Act of 1975. These laws demonstrate during their time here in the United States, of- community, because we continue to our national commitment to serving as a bea- tentimes overcoming discrimination, language serve as positive contributors to our con of hope for all those in search of the op- and cultural barriers. many communities by investing, in- portunity and freedom that are the promises of I am pleased Americans have so much to vesting in education, in business, and America. In the three decades since the sign- benefit from as a result of our diverse society. cultural opportunities for all Ameri- ing of the Refugee Assistance Act, the United We continue to learn from each other and cans. States has provided shelter to millions of refu- share each other’s traditions, history, and cul- In closing, this Asian Pacific Amer- gees escaping persecution, tyranny, and often, ture. ican Heritage Month, we take pride in unspeakable tragedies. Each time we look into That is why it gives me great pleasure today our history, our accomplishments, and the face of diversity, we see great heroism to recognize the significant advances and con- the promise of our future as we con- and personal dignity. tributions made by the Asian Pacific American tinue to pave the way for a better to- Mr. Speaker, as we celebrate Asian Pacific Community to our country during Asian Pacific morrow to form a more perfect union American Heritage month, let us rededicate Heritage month. in the name of liberty and freedom for ourselves to answer their enduring call to Ms. ROYBAL-ALLARD. Mr. Speaker, I rise all. service, and fight for justice in our country. today in recognition of Asian Pacific Heritage Ms. PELOSI. Mr. Speaker, I rise today to Mr. HOYER. Mr. Speaker, I rise in celebra- Week. recognize the month of May as Asian Pacific tion of Asian Pacific American Heritage Month. I am especially proud to do so because I American Heritage Month and to pay tribute to It is during this month that we commemorate am privileged to represent some of the most the contributions of the Asian American and the significant contributions that the Asian important Asian Pacific American communities Pacific Islander community, including immi- American and Pacific Islander (AAPI) commu- in Los Angeles, California, including China- grants, refugees, and natives. nity has made to our country. town, Little Tokyo, Filipinotown, and a portion As the Representative of California’s 8th I would like to join my colleagues on the of the Korean-American community. These District, it is my privilege to represent a strong Congressional Asian Pacific American Cau- historic California communities are constant Asian American and Pacific Islander commu- cus, of which I am a member, and which is reminders of the vibrancy and vitality of Asian nity that is a vital part of San Francisco’s chaired by my colleague, Mr. HONDA of Cali- Pacific Islanders and their significant contribu- world-renowned diversity. fornia. This bipartisan and bicameral caucus tions to our nation. As the Democratic Leader in Congress, I has been active in raising awareness about Secretary of Transportation, former Rep- am proud to join my colleagues in honoring the concerns and issues that face the Asian resentative Norman Y. Mineta from California, more than 13 million Asian Americans and Pa- American and Pacific Islander community was one of the first to work towards estab- cific Islanders (AAPIs), representing a diverse today. lishing a time of national recognition of the ac- community of backgrounds, cultures, and ex- There are more than 12 million Asian Amer- complishments of Asian Pacific Islander Amer- periences, who make their homes in the ican and Pacific Islanders in the United States, icans. In June of 1977, he and his colleague, United States. Their unique contributions en- including about 275,000 in my home state of Representative Frank Horton of New York, in- hance the moral fabric and character of our Maryland. Asian Pacific Americans also have troduced the first House resolution that called great country. the most diverse background of any minority upon the President to proclaim the first 10 As we celebrate the significant progress population, tracing their roots to almost fifty days of May as Asian Pacific American Herit- made by Asian Americans and Pacific Island- different countries and ethnic groups. age Week. In 1979, President Jimmy Carter ers, it is right for us to honor the memory of Today, Asian Pacific Americans play an im- signed a joint resolution declaring May 4–10 great leaders of the AAPI community who portant role in every aspect of American life— as National Asian Pacific American Heritage have recently passed away—including Fred as authors and artists, as business leaders, as Week. And in 1990, President George H. W. Korematsu, who dared to challenge the U.S. political leaders, as military leaders, as sci- Bush expanded the celebration to the entire government over the Japanese internment entists and innovators, as athletes, and in vir- month of May. The month of May was chosen camps, John Tsu, former chair for the White tually every other aspect of American society. for this special commemoration since it cor- House Initiative on AAPIs and longtime com- In addition to recognizing the important role responds with the arrival of the first Japanese munity activist, Patrick Okura, a great civil that Asian Pacific Americans play in our coun- immigrants to the United States in May of rights leader and Japanese American internee, try, this month’s celebration is also a time to 1843. and Magdaleno Duenas, a Filipino veteran remember significant historical contributions ‘‘Asian Pacific American’’ is a political appel- and community leader. that Asian Pacific Americans have made in lation that encompasses the many ethnic Mr. Speaker, let us remember our former our Nation’s history. From the building of our groups that exist in the API community. The colleague and my dear friend Congressman transcontinental railroads to fighting on behalf term helps give expression to this historically, Robert Matsui, who despite imprisonment in of our Nation, Asian Pacific Americans have culturally, linguistically, and ethnically diverse an internment camp during World War II, contributed greatly to the American tapestry. group while at the same time recognizing never lost faith in our country. He went on to This year’s theme for Asian Pacific Amer- common experiences in American history. become a national champion for all of Amer- ican Heritage Month is ‘‘Liberty and Freedom Mr. Speaker, let me take a few minutes to ica’s seniors, and the first Asian-American to for All.’’ This spirit was embodied in Rep- highlight a few of the important events in the serve in the leadership of the House of Rep- resentative Robert Matsui, who passed away lives of my Asian Pacific American constitu- resentatives. in December, and to whom I wish to pay trib- ents. In Little Tokyo, one event was the cele- Their legacies are part of the ongoing strug- ute. The House of Representatives and the bration of the 25th anniversary of the Little gle of all Asian American and Pacific Island- country as a whole suffered a great loss with Tokyo Service Center, in which I had the ers, who, in spite of having to overcome great the passing of Bob Matsui, a dedicated leader honor to participate. For 25 years, the Little hardship and discrimination, maintain an abid- who served with distinction for 13 terms in the Tokyo Service Center, a nonprofit charitable ing and unbreakable belief in the promise of House and was chairman of the Democratic organization serving Asian and Pacific Island- our country, and move forward to make re- Congressional Campaign Committee. ers throughout Los Angeles County, has been markable contributions to our country. During his career, Bob Matsui was an active an important resource for the residents of this In memory of these great figures in the his- member of the Asian Pacific American com- diverse community. Currently, Little Tokyo tory of our Nation, it is only fitting that this munity, working to achieve redress for Japa- Service Center sponsors over a dozen com- year’s theme for Asian Pacific American Herit- nese Americans who were placed in intern- munity and social service programs, with over

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 0636 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2798 CONGRESSIONAL RECORD — HOUSE May 3, 2005 40 paid staff and hundreds of volunteers who ing Nisei Week, culminating with the annual Garnier Building, which was erected in the provide competent and compassionate serv- parade. 1890’s for the exclusive use of the Chinese ices in seven different languages. The serv- I am also very proud to represent many community. During those early years, the ices provided by Little Tokyo Service Center members of the Korean-American community Garnier building housed schools, temples, include individual and family counseling, sup- and to work with this important constituency churches and businesses. And, of course, the port groups, transportation and translation that greatly contributes to the Los Angeles annual Chinese New Year parade and dragon services, an emergency caregiver program, area and our nation as a whole. dance culminates a week of celebration of crisis hotlines, and consumer education. In 1903, Korean immigrants began arriving Chinese culture and history. Little Tokyo Service Center is also the spon- in the U.S. in 3 distinct waves. The first wave And finally, in 2003, with other Members of sor of several major community development was recruited for back-breaking work on the Congress, I was pleased to attend a recogni- projects in the Los Angeles area, including the sugar plantations of Hawaii. The second wave tion ceremony in honor of Asian American and construction and management of Casa Heiwa, of Koreans arrived after World War II and Pacific Islander veterans and current service a 100-unit affordable housing project for indi- again after the Korean War. In the 1960’s, members who are defending our country in viduals and families; the rehabilitation of one more Korean immigrants came to the U.S. the armed services. Among those being hon- of our city’s historical landmarks into the Union seeking increased educational opportunities. ored were members of the legendary 442nd Center for the Arts; and the development of Many in this last group were medical profes- Infantry Army Regiment, which sustained a Pacific Bridge, a housing complex for adults sionals who came to fill the shortage of health higher rate of casualties during World War II with developmental challenges. care workers in our inner cities. These immi- than any other unit. Another noteworthy event took place last grants have helped revitalize declining neigh- This ceremony was one more reminder of year when I was honored to recognize the borhoods and have been an economic stim- 100th anniversary of The Rafu Shimpo. The the enormous contributions and sacrifices ulus through small business entrepreneurship. made to this country by the members of our success of this bilingual English-Japanese Korean Americans have also made their influ- newspaper, founded in Los Angeles and pub- Asian Pacific American communities. ence felt in international trade, the fashion in- It is truly an honor to join my colleagues lished, distributed, and read avidly in my con- dustry, and other community businesses such gressional district, is another milestone in the during Asian Pacific Heritage Month to recog- as restaurants. Still others make significant nize the many heroic and positive contribu- rich history of the Japanese-American commu- contributions in professions ranging from the nity. tions of the API community to our American arts to medicine and the sciences. Last year society. The history of The Rafu Shimpo is an im- I was proud to help honor the 100th anniver- Ms. LINDA T. SA´ NCHEZ of California. Mr. portant part of both American and Japanese sary of Korean-American immigration to the American history and heritage. In April 1903, Speaker, today, I am proud to join our nation United States with a statement on the floor of three young men, Rippo lijima, Masaharu in celebrating Asian Pacific American Heritage the House of Representatives and to partici- Yamaguchi, and Seijiro Shibuya produced in Month. This is a time to recognize the enor- pate in their annual Harvest Moon Festival pa- Los Angeles the first mimeographed news bul- mous contributions of Asian Pacific Americans rade in Los Angeles. to our society. The United States is a country letin for the Japanese-speaking community. In And, of course, I am privileged to represent of immigrants, known for its diversity. Asian 1914, under the new management of Henry Los Angeles’s Chinatown, perhaps the Asian Toyosaku (H.T.) Komai, the newspaper began Pacific Americans have increased that diver- Pacific American group with the oldest and to grow. In 1926, an English language section sity, adding their unique experiences to our best known story in American history. was added with the help of a 20-year-old Immigrants from China first came to south- culture. I am proud that my home state of UCLA education major, Louise Suski. By ern California in the late 1850’s to help build California has a larger population of Asian- 1932, the English section became a daily fea- wagon roads and lay railroad tracks across Americans than anyplace else in the country. ture. the west. Initially barred from owning property, It is important to renew our commitment to On April 4, 1942, The Rafu Shimpo ceased many Chinese eventually settled near Olvera serving the specific needs of this community. publication as Americans of Japanese descent Street in rented homes and storefronts used Congress must not only reflect and acknowl- were forcibly and shamefully removed to edge the past, but also look forward to meet- desert internment camps. At the end of the for hand laundries, herb shops and markets in downtown Los Angeles. In the 1930’s, this ing the future needs of a growing population. war in 1945, while other Japanese Americans We need to work together to make the Amer- were released, H.T. Komai continued to be neighborhood of approximately 3000 Chinese was uprooted to make way for the construc- ican dream a reality. Improving access to edu- detained in Santa Fe, New Mexico. Neverthe- cational opportunities, enacting comprehensive less, the Komai family’s dedication to pub- tion of Union Station on Alameda Street. Chinese families and merchants banded to- immigration reform, and reducing health dis- lishing The Rafu Shimpo persevered. H.T.’s gether as the Los Angeles Chinatown Cor- parities should be priority initiatives. The son, Akira Komai, with a $1,500 loan from theme of this year’s Asian Pacific American three staff members, rebuilt the newspaper. poration to create a ‘‘new Chinatown’’ on Broadway. Since second-generation Chinese Heritage Month is ‘‘Liberty and Freedom for The newspaper grew rapidly from a circula- All’’. This month serves as a reminder that we tion of 500 in 1946, to 20,000 over the next 30 could own property, American-born Peter Soo Hoo led the group in purchasing a railroad should all strive to make this theme a reality years. Today, H.T.’s grandson, Michael for every American. Komai, serves as the third generation pub- storage yard they turned into a traditional Chi- We should also acknowledge the contribu- lisher, a position he has held since 1983. The nese-looking, tile-fringed pedestrian plaza. tions of Asian Pacific Americans. My district in award-winning daily has over 45,000 readers This ‘‘New Chinatown’’ became one of Amer- particular has benefited from their service and and prevails as the premier news source for ica’s first shopping malls and was an imme- leadership. There are several prominent Asian the Los Angeles area Japanese American diate success. Restaurants and shops community. abounded, and at night the neighborhood Pacific Americans who dedicate themselves to Two years ago, I was also honored to rec- came to life with colorful lights, music and improving our communities in southern Cali- ognize the 100th anniversary of Fugetsu-Do, a street entertainers. fornia. They are a source of strength and in- family-run bakery in my congressional district. In the 1970’s, waves of new Chinese immi- spiration to all of us. I would like to recognize Starting in 1903, Seiichi Kito and his family, grants led an ethnic population shift eastward someone who has provided invaluable service. later including Roy Kito, began working in a to the San Gabriel Valley. The original China- Laura Lee, of Cerritos, is committed to im- small shop to produce batches of mochi, maju, town, however, retains its historical signifi- proving her community by helping those and other Japanese sweets. In 1942, when cance and vitality. To help stimulate its re- around her. She was elected to the Cerritos the Kito family was forced to relocate to the newal and make this historic area accessible City Council in March 2003. However, this Heart Mountain, Wyoming internment camp, to more southern Californians, the Los Ange- barely acknowledges the extent of her public the family business was closed. At the end of les delegation is working to bring the Gold service. She has made Cerritos her home the war, the Kito family returned to Los Ange- Line through Chinatown. since 1979, and in that time, has built an ex- les and reopened the doors of Fugetsu-Do. Among the many other exciting things hap- tensive list of accomplishments. Laura has Today, Brian Kito, the grandson of Seiichi Kito pening in Chinatown is the Chinese American provided her service and expertise to the and the son of Roy Kito, continues the legacy Museum. In December of 2003, I was pleased American Red Cross, the ABC School District of Fugetsu-Do and continues to serve the Lit- to join the Chinese community to celebrate the Legislative/Policy Advisory Committee, the Su tle Tokyo community. Grand Opening of the museum, located at Casa Domestic Abuse Network, and the And, of course, there is the wonderful cele- Olvera Street, the birthplace of Los Angeles. Southern California Chinese Woman’s bration of Japanese culture and tradition dur- The Chinese American Museum is in the League.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 0636 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2799 Additionally, she is very active professionally Spark Matsunaga, former Representative Today, I want to recognize the contributions as a real estate broker. She has used this ex- Frank Horton and former Representative Norm of Asian Pacific Americans in my district, the perience to take on leadership roles with the Mineta helped establish the first 10 days of Ninth Congressional District of California, the California Association of Realtors, the Rancho May as Asian Pacific American Heritage East Bay of Northern California, and commend Southeast Association of Realtors, and the Week. Subsequent efforts were made to ex- them for their dedicated service and vision in Cerritos College Real Estate Department. tend the week-long celebration to a month- making life better for those in our community Laura Lee has contributed greatly to the long event. In the 102nd Congress, I was an and our Nation. Asian Pacific Americans have growth or our economy, the diversity of our original cosponsor of legislation signed into long played a crucial role in the life and history culture, and the quality of our education. She law that designated May of each year as of the East Bay. The region’s identity has is someone we can all look to as a role model. Asian Pacific American Heritage Month. been profoundly shaped by its place in the Pa- This month is a wonderful opportunity to cel- I am blessed to serve the First Congres- cific Rim. ebrate the Asian Pacific American community. sional District of Hawaii which is comprised However, today Asian Americans face a They are a valuable asset to our diverse cul- primarily of Asian Pacific Americans (APA). It’s wide variety of challenges, including access to ture that should be recognized. an inspiring and empowering sight for other educational opportunities and community re- Ms. SOLIS. Mr. Speaker, I rise today to join APAs from around the country to see. I know sources. I specifically want to highlight the the Nation in celebrating Asian Pacific Islander I say this every year, but I feel that it needs work being done in my own district by the American Heritage Month. The month of May to be repeated. There is a special strength East Bay Asian Youth Center (EBAYC) and is a time to celebrate the achievements of and resilience embodied in Hawaii’s unique the East Bay Asian Local Development Cor- Asian American men and women who have cultural mix: we have chosen to be defined by poration (EBALDC), in their efforts to empower made remarkable contributions to our country. our diversity rather than divided by our dif- the Asian American community and improve As a member of the Congressional Asian ferences. That resolve to work together with their standard of living. Pacific Islander American Caucus, I am proud Aloha can serve as an example to the rest of The East Bay Asian Youth Center inspires to pay tribute to the 120,000 individuals of the country. Asian American youth and families by pro- Asian descent I represent in California’s 32nd While we can look at APA Heritage Month viding leadership and educational opportuni- Congressional District. Rosemead, Monterey as a time to recognize and celebrate many in- ties. Everyday EBAYC (ee-BAY-cee) dem- Park and other cities throughout my district dividual accomplishments, we must also take onstrates that cultural diversity is a powerful have experienced first hand the economic and action. My colleagues and I are committed to agent for progress. They run a youth sports cultural contributions of the Asian and Pacific improving the lives of all APAs by working on program, have founded a health center, and Islander communities. issues of importance to our community, such coordinate a video productions program that Since the earliest days of this country, peo- as fighting to eliminate racial and ethnic health was awarded Honorable Mention at the Oak- ple from all cultures have immigrated to our disparities, defending civil liberties, protecting land International Film Festival. EBAYC also Nation seeking the promise of freedom, oppor- Social Security, and ensuring educational op- facilitates partnerships to provide health, so- tunity, and the American dream. As an integral portunities for our children. These are the prin- cial, security improvements, and after-school part of our society, Asian and Pacific Islander ciples that reflect this year’s theme, ‘‘Liberty services at schools. Moreover, EBAYC en- Americans are leaders in public service, gov- and Freedom for All.’’ gages families through the creation of Parent This year’s theme represents the past and ernment, science, law, education, athletics, Action Committees (PACs). Over 500 Asian, ongoing contributions of APAs, such as Con- and the arts. As business entrepreneurs, Latino, and African-American parents are in- gresswoman Patsy T. Mink who dedicated her Asian and Pacific Islander are helping to volved in these PACs in schools where no life to economic and social justice, Congress- parent organization had previously existed. strengthen our economy and our communities man Robert Matsui, who’s internment experi- These PACs have been enormously effective, through their hard work and ingenuity. As pa- ence during World War II helped shape his fomenting positive change in local schools. triots, Asian and Pacific Islander Americans belief that every American is entitled to basic For example, one PAC was able to decrease continue to risk their lives defending liberty. civil rights despite their ethnicity, and Japa- We are grateful for the service and sacrifice of nese American soldiers who fought during truancy by 40 percent at a middle school that our men and women in uniform and for their was known for its major gang-related and ra- World War II, such as Senator DANIEL K. cial violence. families who love and support them. INOUYE. The commitment of Asian and Pacific Is- Throughout our nation’s history, APAs have I also want to mention the East Bay Asian landers to family, community and hard work made and continue to make major contribu- Local Development Corporation. EBALDC (ee- has helped to shape our Nation for many gen- tions in areas such as business, civil liberties, BALD-cee) has created a national model to erations. This year the country suffered a culture and arts, education, medicine, tech- promote affordable housing. Since its incep- great loss at the death of Congressman Rob- nology and politics. By the year 2050, there tion, it has created over 700 units of affordable ert Matsui, who exemplified these qualities. A will be an estimated 33.4 million U.S. resi- apartments for low income families and sen- fellow Californian, Congressman Matsui dents who will identify themselves as Asian iors. It is one of the Bay Area’s—and the Na- served his district and the Nation 26 years in alone, which will comprise 8 percent of the tion’s—most respected community developers. Congress with great distinction and honor. total population. This is a projected 213 per- EBALDC has developed nearly 200,000 Formerly a Japanese-American prisoner dur- cent increase of APAs between 2000 and square feet of retail, office and childcare ing World War II, Congressman Matsui was a 2050. These statistics reflect the growing sig- space, two of which I want to highlight: (1) the great advocate and champion of the Asian nificance of the APA community, its growing Asian Resource Center, a facility that provides American and Pacific Islander community. His role in the development of public policy, and key community services to the APA commu- work effort, faith, and determination were a its cultural contributions that helps us to cele- nity in Oakland Chinatown and, (2) Preserva- constant source of inspiration for me. brate our diversities. I extend my heartfelt tion Park, a beautifully restored Victorian I join with all Americans in celebrating the aloha to the APA community and look forward neighborhood block that is home to a count- Asian and Pacific Islander American culture, to celebrating APA Heritage Month. less number of non-profit organizations and and I encourage every citizen to recognize the Ms. LEE. Mr. Speaker, I rise today to cele- small businesses. In addition, EBALDC spear- many contributions of Asian and Pacific Is- brate Asian Pacific American Heritage Month, heads an Individual Development Account lander Americans to the diversity of the Na- which commemorates the significant contribu- (IDA) savings program, by which more than 10 tion. tions of Asian Pacific Americans throughout percent of the IDA participants have used their Mr. ABERCROMBIE. Mr. Speaker, I rise our country’s history. America draws its savings to buy their first homes. Given that the today with my colleagues of the Congressional strength from its tremendous diversity. The Bay Area’s real estate market makes it one of Asian Pacific American Caucus (CAPAC) to contributions to our country—to the American the least affordable cities in the Nation, it has recognize May as Asian Pacific American Her- culture and experience—by Asian Pacific made a huge impact within our community, itage Month. As a member of the caucus’ ex- Americans are numerous, and we are a much EBALDC helps individuals discover and de- ecutive committee and the chairman of its Im- better country as a result. velop the resources to realize their dreams— migration Task Force, I want to honor the I thank the gentleman for yielding and for of owning affordable homes and starting new many achievements and contributions of the his leadership in the Asian Pacific American businesses. more than thirteen million Americans of Asian Caucus and our Tri-Caucus, the Asian Pacific Immigrants face many obstacles today, and and Pacific Islander descent in our country. American Caucus, the Hispanic Caucus, and organizations like EBALDC and EBALYC help Back in 1978, my friends and colleagues, the Congressional Black Caucus. It is a privi- their clients to conquer their problems. These Senator DANIEL K. INOUYE, former Senator lege to be part of the Tri-Caucus. are just a few specific examples of the impact

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 0636 Sfmt 9920 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2800 CONGRESSIONAL RECORD — HOUSE May 3, 2005 that APAs have had in my district. I want to ACCOMPLISHMENTS OF THE 109TH Congress. But rest assured, they will salute the achievements of these two organi- CONGRESS not distract my colleagues and me zations tonight. The SPEAKER pro tempore (Mr. from getting the job done. It is time for I believe that it is also very important to cel- KUHL of New York). Under the Speak- the Democratic leaders to put partisan ebrate the accomplishments of a hero for er’s announced policy of January 4, politics aside and work together on the many of us, someone who has tirelessly de- 2005, the gentleman from Texas (Mr. issues that really matter to the Amer- voted her life to make our Nation better, Lillian CONAWAY) is recognized for 60 minutes ican people. Galedo. Ms. Galedo is the Executive Director as the designee of the majority leader. Mr. Speaker, I am proud to report for Filipinos for Affirmative Action (FAA). This that the first 100 days of the 109th Con- GENERAL LEAVE year she will be celebrating her ‘‘Silver Anni- gress have been a tremendous success. versary’’ with the organization, having served Mr. CONAWAY. Mr. Speaker, I ask We have been working hard in a bipar- 25 years with FAA. unanimous consent that all Members tisan fashion to make many positive During her tenure, Ms. Galedo has spear- may have 5 legislative days within changes for America. headed several initiatives to advocate on be- which to revise and extend their re- Mr. Speaker, I get up lots of morn- half of the Filipino American community, espe- marks and include extraneous material ings 5 o’clock, 6 o’clock and leave cially in the East Bay. Today, Filipinos con- on the subject of this special order. home, and I am always astonished at tinue to be among the top three groups immi- The SPEAKER pro tempore. Is there how many people there are on the high- grating to the U.S., constituting one of the objection to the request of the gen- ways of western North Carolina going largest Asian populations in California. FAA tleman from Texas? out to do their jobs, and I think those runs several youth programs, offers services There was no objection. people expect us to do the same thing, to new immigrants and engages in several Mr. CONAWAY. Mr. Speaker, I rise I say to the gentleman. That is what community campaigns, working for the rights tonight to take what will be a brief they want us to be doing, and that is of immigrants, Filipino-American airport look back at the first 100 or so days of what we are doing. screeners and WWII veterans. FAA is truly an activity in this House of Representa- b 2200 exemplary grassroots organization, and Ms. tives. While each new session of Con- Galedo has been at the forefront of encour- gress holds great promise, it is the ac- I am proud of that. In the past 4 aging civic participation and fighting for the tions that that Congress takes that de- months, we have fought to reduce taxes civil rights of the community. Ms. Galedo is a termines whether or not that Congress and the burdensome rules and regula- woman warrior—passionate and articulate— has been successful. Our success has tions that plague hard-working Ameri- and an inspiration for many Asian Americans. been as a result, in my mind, of the cans. When those people get up every I also want to recognize the contributions of leadership of the gentleman from morning and go to work, they do not those who have left us, but who have left an Texas (Mr. TOM DELAY), the majority want to be burdened with taxes and indelible mark in our Nation’s history. leader, whose responsibility it is to rules and regulations. Tonight I honor the memory and the legacy shepherd legislation through this body. And just last week, the House passed of a very good friend, my dear colleague Con- In a community and a town where ex- a budget resolution conference report gressman Robert Matsui. He made such a aggeration and hyperbole, overreaching that will implement $106 billion in tax great impact in this body, and tonight as we and puffery has been elevated to a cuts over the next 5 years. Our fiscally celebrate APA Heritage Month, I want to re- state of art, you have to be very care- responsible budget funds our top prior- mind everyone of Bob’s great legacy. Bob’s ful to not indulge in those tendencies, ities, such as national security and de- passing is a bitter blow to all of us. But his life although some in this Chamber have on fense, while stimulating our economy and the things he achieved for all of us will occasion, rare occasions, I suspect, and creating jobs. live forever as a testament to a life well-lived. done that. But if you are looking at It also reins in spending and reduces I also want to recognize his wife, DORIS, who facts, if you are talking about things the Federal deficit. You know, with the has done an incredible job in the past few that have been accomplished, then you loss of sense of history and civics, months, in carrying on his legacy and reflect- are less likely to be accused of puffing many people have forgotten that the ing the view and the future that Bob would and of exaggeration. number one role of Federal Govern- have for the country. So during this next 60 minutes, my ment is to provide for the defense of I also want to highlight the achievements of colleagues and I who have joined me our Nation. If we do not provide for the Fred Korematsu, a courageous champion of tonight will spend this hour talking defense of our Nation, nobody else can the civil rights movement and a role model for about things that we have accom- or will, no other level of government Asian Americans. During his life, Mr. plished, the things that we have done, can. So that has got to be our top pri- Korematsu touched the lives of countless peo- the good we have done, how it will im- ority. ple, shedding light on a past injustice that was pact America and Americans, if the We have also acted to repeal perma- forgotten and ignored. Mr. Korematsu was a bulk of this legislation does, in fact, nently the death tax, which is an un- central figure within the controversy of Japa- reach the President’s desk. So to start fair burden on thousands of American nese internment during World War II, during us off tonight, I have asked my good families, small businesses, and family which he was arrested for demanding no more colleague and fellow freshman, the gen- farms. The death tax has caused many than what every American is entitled to—his tlewoman from North Carolina (Ms. of these small businesses and farms to basic human rights. Mr. Korematsu defied the FOXX), to share with us what is on her go out of business. I am happy that we order to go to the Japanese-American intern- mind. So I yield to the gentlewoman. have acted to bury this unreasonable ment camps because he believed it wasn’t Ms. FOXX. Mr. Speaker, I appreciate burden. right. His case changed legal history and re- the gentleman yielding to me. It is a We have strengthened our national sulted in an apology by the U.S. for its real honor to be a Member of this security by passing the REAL ID Act. wrongdoings, as well as reparations to freshman class. Folks keep telling us This bill will require rigorous proof of 120,000 living Japanese-Americans. we are a good group, and we know that identity and strong security require- Mr. Speaker, as a Nation, we must embrace from ourselves. ments for all applicants for driver’s li- the cultures that have worked to advance the I rise this evening to support our ma- censes and State-issued identity cards. needs of all Americans and have helped to jority leader, the gentleman from The vast majority of the States have define what it means to be American. So as Texas (Mr. DELAY). Congressman recognized the privilege that a driver’s a proud member of the Congressional Asian DELAY has done a remarkable job in license brings. Pacific American Caucus, I am privileged to providing strong leadership and guid- However, 10 States, and regrettably join the gentleman from California tonight to ing the Congress to make many posi- including my home State of North make sure that our entire country understands tive changes for our country. It is a Carolina, issue valid driver’s licenses why we are celebrating APA Heritage Month. shame that Democratic party leaders and identification cards without re- Let us make sure that we represent Asian Pa- are playing partisan games in order to quiring proof of legal status. And ac- cific Americans every month, each and every distract the American people from cording to the 9/11 Commission report, day as we develop our policies and our legis- what is important, all of the progress these travel documents are just as im- lation that ensure liberty and justice for all. that is being made in this session of portant as weapons are to terrorists. I

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2801 am pleased that the REAL ID Act will Mr. CONAWAY. I want to thank the low colleagues, that we make progress help solve this problem. gentlewoman for her comments to- despite that tension is with great lead- We have passed an $81.4 billion war- night. She has done an excellent job of ership, with great leadership. time supplemental bill that provides reviewing many of the terrific accom- And I can think of none greater than the funds necessary to continue fight- plishments that this 109th Congress has the Speaker of this House, the gen- ing the war on terror, while providing done so far. tleman from Illinois (Mr. HASTERT), our men and women in uniform with Accomplishments are gauged by the and our great majority leader, the gen- vital equipment and training. I am legislation that is passed and sent to tleman from Texas (Mr. DELAY) who is proud we are supporting our troops who the Senate, or that comes from the a colleague from Texas of my friend, are performing magnificently under Senate and is passed and sent on to the Representative CONAWAY. difficult conditions. President of the United States. Much We have done so much, as he pointed Just last week, a young man who was of that success ought to be bipartisan. out, the gentlewoman from North injured in Iraq came to see me. He lost This may sound a bit heretical to Carolina (Ms. FOXX) also, in discussing both of his legs above the knees. He has some of my Republican colleagues, but the progress that we have made in the most wonderful spirit and most we Republicans do not necessarily have these first 100 days of this 109th Con- wonderful attitude about this country, all of the good answers, all the right gress. It is truly amazing. And I think and about keeping the faith that this answers; and by the same token, the a lot of these things have already been country has given him. And it is an in- Democrats do not have all of the right mentioned, that we have accomplished, spiration to me to meet people like answers as well. So what we ought to despite the fact that our leader, the him. be about crafting are those solutions gentleman from Texas (Mr. DELAY), I am proud that we are supporting and those answers to the problems that has struggled because of unrelenting him and others. They are helping to face Americans that do have bipartisan attacks from the other side, mainly for spread freedom and democracy support. political reasons, quite frankly. throughout the Middle East and the And later on this evening, I will run It is a situation where if you go after rest of the world. Without their sac- throw a litany of the legislation that the leader, if you are able to shoot the rifice, Americans would not be able to has been passed through this body, leader, then the rest of the troops continue to enjoy the freedom we cher- which from 41 to 122 Democrats have might cower down a little bit. Thank ish. We have hosted Ukrainian Presi- joined their Republican colleagues in God that has not happened. We have a dent Victor Yushchenko who has be- the passage of this legislation, clear very strong caucus on our side of the come a leading symbol for the pro- evidence that the work coming out of aisle. And, you know, we may have a motion of democracy in his part of the this body can be bipartisan and that we Member or two that gets a little world. How wonderful it is that the val- can have a meeting of the minds among squishy and nervous, and that is re- ues of freedom are being adopted across folks with different philosophies. grettable. the world. I have also been joined tonight by the But I think the important thing is We fought to support the Boy Scouts that the vast majority of us are very gentleman from Georgia (Mr. of America, by encouraging the Depart- supportive, we are team players. When GINGREY). I find a great pleasure to ment of Defense to stand up to the lib- the going gets tough, as they know in yield to him as much time as he may eral extremists and continue to permit Texas and as they know in my great consume to continue this discussion. the Scouts to use their facilities. The Mr. GINGREY. Mr. Speaker, I thank home State of Georgia, the tough get Boy Scouts is an outstanding organiza- going. That is what we have seen from the gentleman for yielding the time, tion that teaches young boys time-hon- our leader. the gentleman from Texas (Mr. ored values such as loyalty, prepared- There is a country song, if you want CONAWAY), and of course before him the ness, citizenship, and character. We to play in Texas you got to have a fid- gentlewoman from North Carolina (Ms. must do everything we can to support dle in the band. The gentleman from FOXX). them. Texas (Mr. DELAY) has a fiddle in the The gentleman mentioned the spirit We voted for a responsible transpor- band; and not just in Texas but in this of bipartisanship. In that vein, let me tation bill that will improve our roads, great country of ours, he is the straw increase driver safety, and create many just commend our colleagues on the that stirs the drink. new jobs. We have passed the Bank- other side of the aisle, the gentleman And the courage that he has shown, ruptcy Abuse Prevention and Con- from California (Mr. HONDA) and the the leadership, that is the reason why sumer Protection Act of 2005, which gentleman from Oregon (Mr. WU), who in these first 100 days of the 109th Con- will encourage personal responsibility in the previous hour talked about the gress that we have been able to accom- and ensure that bankruptcy in America contribution of Asian Americans and plish so much. As has already been is available for all who truly need it Pacific Islanders, people like them- mentioned by the gentleman from and not abused by those looking to selves who have contributed so much Texas (Mr. CONAWAY) and the gentle- game the system. to this country. And I commend them woman from North Carolina (Ms. We have all been affected by high gas for that. I found it to be a very inter- FOXX), we have passed the emergency prices. To forge a long-term solution, esting and compelling hour. supplemental, $81 billion, to support we have passed a comprehensive energy And we, Mr. Speaker, can be bipar- our troops in Iraq as they continue this bill that will lower energy prices, tisan and need to be. We need to take battle to democratize the Middle East. strengthen the economy, generate hun- every opportunity. There are so many And we are succeeding. We had great dreds of thousands of new jobs, and en- issues, as my colleague from Texas just bipartisan support on that bill. Just courage greater energy conservation mentioned, that, I mean, things like last week, we passed the House budget and efficiency. This bill will also re- health care and public education. resolution, which for the first time in, duce our dependency on foreign oil and These should not be partisan issues. I think, over 10 or 12 years, we actually encourage investment in alternative Social Security modernization and sav- cut discretionary spending by a full energy sources. ing that program for our children and percentage point; and we limited the These are just a few of the many grandchildren. It does not make sense growth of mandatory spending. positive changes that we have made. that that will get involved in partisan It has been mentioned, of course, the We have seen changes in vocational bickering, but it does. permanent elimination of the death education. We are going to be dealing But I think we need to understand tax, which just passed this Chamber a with more of that in the next few days. and make sure that, as our colleagues couple of weeks ago. Class action re- But rest assured we are going to con- know, that we can still make progress form, bankruptcy reform, the energy tinue to work very hard, and we have a despite the fact that we have to run bill just last week, and all of these lot left to do. every 2 years and everybody is always really remarkable pieces of legislation. I look forward to working with my kind of thinking about the next elec- There was an article, I think, Mr. colleagues in a bipartisan way to make tion and who is in control. Well, that is Speaker, in the Hill or Roll Call this more positive changes in the next quar- what a lot of this partisanship is about. week talking about the 20 most impor- ter of the 109th Congress. But the way, Mr. Speaker and my fel- tant pieces of legislation that have

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2802 CONGRESSIONAL RECORD — HOUSE May 3, 2005 come through this Congress in the last that we lay on the record, facts that to follow, Mr. Speaker. You can see 40 or 50 years. I think they are going to most often have wide Democratic sup- why we are having solvency problems. need to revise that list, because quite port for the initiatives that have been There is also an issue of generational honestly in these first 100 days we are brought forward on the Republican fairness. As my friends know, if you re- beginning to do some historic things, side. tired in the year 1980, you got all your and hopefully the other body will fol- For that I am thankful for my col- money out of Social Security in 12.8 low suit. leagues on the other side of the aisle years. But if you retire in 2003, it will But it is because of the leadership of who have looked at the issues, looked take you 17 years to get your money people like the gentleman from Illinois at what is best for America, looked at out. Most Americans do not mind. (Mr. HASTERT), the Speaker of this the solutions that are being presented They do not need to have every dime great House; and our majority leader. and voted their conscience as opposed accounted for, every penny accounted And I really commend him. He is a to being obstructionist or just simply for, but generally people expect to get strong Christian man who has com- taking the party line on issues that are at least the money they put into the mitted his life to family values. You of importance to our great country. system out of it. But that is not going know, Mr. Speaker, he was attacked re- to be the case for today’s 20- and 30- b 2215 lentlessly, and this quote may not be year-olds who, in addition to having to exact, but in regard to the Terri Mr. Speaker, I have also been joined live longer, past the retirement to get Schiavo case, and not just that case tonight by another colleague, the gen- their money back, they are also going but a lot of decisions that are made, tleman from Georgia (Mr. KINGSTON) to have this great benefit cut. So we particularly coming from Federal and I yield to the gentleman. have a great challenge. And to the Re- Courts in the 9th Circuit out on the Mr. KINGSTON. Mr. Speaker, I publican party, the choice is simple. left coast, when they wanted to take thank the gentleman from Texas (Mr. We need to do it together. We need God out of the pledge of allegiance, and CONAWAY) and I would like to make a Democrats and Republicans to come to make sure that the 10 Commandments few remarks on Social Security. Before the House Chamber with the best of are never shown in any public places, doing so I wanted to thank the gen- their ideas, put them on the table and and that you cannot celebrate Christ- tleman from Georgia (Mr. GINGREY), let us cobble out something that does mas any more, it has to be winter holi- the doctor, I should say, for the good not focus on the next election, but on days. And our leader said, the time will work he is doing on health care reform, the next generation. Something that is come for the men responsible for this making health care more affordable fair at the kitchen table where mom to answer for their behavior. Now, a lot and accessible to the American people and dad and the kids and the grand- of people, Mr. Speaker, want to say, and working through the private sector parents can sit down and agree on it. well, Mr. DELAY is threatening our rather than going through a Canadian Because if we can get the agreement Federal judiciary. I do not think so. I or English style of government-spon- square on the kitchen table, it will not do not think that is at all what he sored health care. We do have a great be any problem to get it passed in the meant. health care system but also one that House Chamber. TOM DELAY is a well-known born- needs improvement. Last week under the gentleman from again Christian. When he made that Mr. Speaker, I want to thank Mem- Texas’ (Mr. CONAWAY) leadership a comment, I assumed he was referring bers of Congress who are working on number of House Republicans and to God, that that is who men and immigration reform. We have 8 million Democrats sat down together with Bill women of the Federal judiciary will illegal aliens in the United States of Novelli, the chairman and CEO of the have to answer to when they forget America. That is about the size of the AARP which is the largest older Amer- from whence we came. And I commend State of Georgia which is about 8 mil- icans advocacy group in the United him for that. It was no threat, no per- lion people. A big issue. States of America. We sat down, Demo- sonal threat on the part of our leader. I am very pleased that the gentleman crats and Republicans, together with So to have an opportunity, Mr. from Wisconsin’s (Mr. SENSENBRENNER) the AARP, to talk about core prin- Speaker, to be here tonight, to join language will be in the supplemental ciples, talk about what could be a solu- with my colleagues, with the gen- appropriations bill which we will vote tion and what could not. And we knew tleman from Texas (Mr. CONAWAY) who on on Thursday. It is a major victory at the time we were not going to walk is managing the time tonight, I com- for those of us who are pushing for im- out of the room with hands held and all mend him for that. And I just want to migration reform. kinds of bipartisan unity. We knew tell you how much confidence I have in Mr. Speaker, I will speak on Social that this was just the first step. leader TOM DELAY. He is someone that Security reform as well. The last time I have got to say that I have a lot of has the courage of his convictions, and Social Security was taken up by this appreciation for those Members who they are not going to bring him down. Congress was in 1983. At that time, the showed up from the Democrat side. But They, those on the other side who Members of Congress thought that unfortunately, the Democrat leader, want to get overly partisan and forget they had fixed Social Security for an- the gentlewoman from California (Ms. about what the people in this country other 75 years, but unfortunately that PELOSI) decided that this meeting for really want, they want bipartisanship, is not the case. some reason was off limits, for some they want good laws passed, they want In less than a decade, Social Security reason it is a bad thing for Democrats tax relief, they want regulatory relief, will begin to spend out more money to sit down with Republicans. And yet they want good health care and good than it brings in. Insolvency is not the publicly she calls for bipartisanship, public education, and they want a bal- only issue, although it is a major one. but here in the House Chamber when anced budget. We know that in the year 2018, when the gentleman from Texas (Mr. And these are the kind of things that the baby boomers start to retire, more CONAWAY) tried to get this meeting to- we are working toward under the lead- money will go out than is coming in. gether, of the five original Members ership of the gentleman from Illinois And we know by 2041, if we do not cut only two actually came. The other (Mr. HASTERT) and the gentleman from benefits by 27 percent, Social Security three were intimidated by Democrat Texas (Mr. DELAY). will be bankrupt. The math is simple leadership. Do not come because we Mr. CONAWAY. I appreciate and to follow. can talk publicly about bipartisanship thank the gentleman from Georgia In 1937, when Social Security was but behind lines, behind the scene we (Mr. GINGREY) for coming over tonight started, we had 60 workers for every really do not want this. and spending his time with us to point one retiree. And by 1950, it was 16 It is further revealed this week, the out to us, Mr. Speaker, that some of workers to every retiree, and today it gentlewoman from California (Ms. the great things that we have, in fact, is 3.3 to 1. And during that period-of- PELOSI), the Democrat leader was on accomplished during this first 100 days, time life span, life expectancy has in- the ABC ‘‘This Week’’ show with as I mentioned, if it is a fact, it is not creased. In 1937 folks lived to be 59 year George Stephanopoulus, actually one over-reaching, it is not puffing, it is old. Today they live to be 77 years old. of her fellow Democrats, a former Clin- not exaggerating. And these are facts The math is even easy for a Democrat ton advisor. And yet in this role he was

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2803 being an interviewer, and he asked the count options, there are at least a your head in the sand it is not particu- gentlewoman from California (Ms. dozen other things that we can do to larly flattering. If we continue that PELOSI) why the Democrats have not save Social Security.’’ posture, we have add a $600 billion in- put forth their plan. And he asked her I would challenge him to name four. crease to the unfunded liabilities that a number of times and she would not Name two. Give us one rather than this are Social Security for each year that say. And finally he got so tired of it he ‘‘no deal’’ that my colleague from we fail to act, for each year that we do said, Why should the American people Georgia was talking about because not consider those 23-years-old as they trust the Democrats if they do not they do not want to talk about any of enter the workforce. have a specific plan of their own on So- these dozen other approaches to solv- Our oldest son is 32 years old, and he cial Security? To which the Democrat ing the solvency problem of Social Se- will be retiring about the point in time leader said, ‘‘The American people curity. Because some of those could be where benefits look like they are going should trust the Democrats because we raising payroll taxes, cutting benefits, to cut under current conditions, about originated Social Security.’’ raising the age at full retirement. I 27 percent. And that is not something I I guess the Democrats have gone could go on, but I think that is the rea- am particularly excited about. from the Franklin Roosevelt New Deal son, and I think my colleague from I am also not excited about the op- to the Pelosi No Deal. Because if we Georgia would agree, that they basi- portunity of taking our six wonderful need to go back to 1937 to be the last cally have a no deal and a hokey pokey grandchildren, of which we are very time we could trust a Democrat, then plan, if you will, to save Social Secu- proud, I am not particularly interested maybe Ronald Reagan was right. The rity. in taking those six down to my local party left him, he did not leave the Mr. KINGSTON. Mr. Speaker, I banker, convincing him to draw up a party. And I guess that is true with thank the gentleman for pointing it major huge loan packet, in which I will many of us. Because I know in the out. But again, I want to emphasize, we get the proceeds and I will make those great State of Texas and in the State have a lot of solutions that Members of six little critters sign on that note and of Georgia, they were majority Demo- Congress are promoting. And they are they have to pay it off. crat States until recent years, when doing this on their own. They have not That is a plan that is not particu- the Democrat party refused to come to officially trolling out in the name of larly attractive to this grandfather. I the table with mainstream ideas and to the Republican public. The gentleman do not imagine it is particularly at- put politics aside and say, let us sit from Arizona (Mr. KOLBE) being one, tractive to any grandfather in this down and come up with some solutions. the gentleman from Texas (Mr. SAM body that would consider that. But I strongly believe that there are a lot JOHNSON) being one, the gentleman that is what we are doing as we con- of good Democrats across this country. from Wisconsin (Mr. RYAN), the gen- tinue to delay and delay and delay and There are a lot of good Democrats in tleman from Florida (Mr. SHAW). They not address the bad math problem we this House Chamber. I am sad to see so are coming up with solutions. have with Social Security. many following lockstep with the rad- But to my knowledge, there is not Mr. KINGSTON. Mr. Speaker, one of ical fringe leadership of their party. one Democrat who has offered a Social the things that I think is so important I am sad to see that they are intimi- Security plan since I have been a Mem- of the Republican model of sitting dated to the extent they do not even ber of Congress over 10 years, except down at the kitchen table with you as offer a plan. But I would also call on for Mr. Charlie Stenholm, who is now a grandparent, with your children and them and their Democrat constituents on the President’s bipartisan commis- with your grandchildren to work out back home to say, you know what, I sion to save Social Security, and Pat- something that is fair. That is the ap- am 23 years old; and I know I am faced rick Moynihan, who many years ago as proach we need across America. That is with a benefit cut; and I know the a liberal Democrat from New York, a the approach that we need in the President has offered me an oppor- Senator, said that we have got to act United States Congress. tunity to voluntarily enroll in a per- to protect and preserve Social Security But the thing that is important to re- sonal savings account in which I will because it is going bankrupt. member as we look at this, in 1937, the have a lot more money than I will if I It is time to do something. Even tax on Social Security was 1 percent pay 40 years into Social Security. I am President Clinton said that. And yet employer, one percent employee. A 1 interested. At 23 years old I have got a the current membership of the Demo- percent 1 percent match. In 1960 it was lot at stake. crat Senate and House are afraid to 3 percent and 3 percent. In 1978, 5 per- And I might say, I do not know if I offer one plan. And doggone it, if you cent and 5 percent. Today it is 6.2 and like what the President has offered, want to raise taxes, and that is one 6.2 percent. We have raised the taxes on and I am hearing a lot of bad things thing the Democrats are good at, put Social Security twenty different times about it from the Democrats, but what the plan on the table. It is okay. Let us since 1937. is it that they are offering to me as a look at it. A bad plan is better than no Now, there are those on the other 23-year-old new worker into this sys- plan. side, there is no bill, but they do talk tem? But if you want to be the party that a little bit around the edges, well, they And I look and I search the papers used to proudly say we are the party of just need to increase taxes. and I turn the pages and I look at the the new deal, to now be the party If you increase taxes 1 percent for bloggers and I look on the Internet and shamelessly of the no deal, then con- you, and you are under 65, I do not I check my emails, and I find out the tinue on the current leadership path know how old the gentleman is. The only things the Democrats are offering because that is what we are getting gentleman is in great shape. I do not is that there is no problem with Social from the Democrats. know the gentleman had six grand- Security. Tell that to the 23-year-old Mr. CONAWAY. Mr. Speaker, I, too, children. Let us say he is 45 years old. new worker because they are not buy- am concerned about Social Security. Let us say he is 50 years old. That ing it. Probably the single heaviest lift, as means his taxes might go from 6.2 to Mr. GINGREY. Mr. Speaker, I found that phrase is used in these Chambers, 7.2 percent. One percent. But think it very interesting that the Pelosi No that we have ahead of us. It will look about a 23-year-old entering the work- Deal, my colleague, the gentleman like a walk in the park when we begin place, how much that 1 percent means from Georgia (Mr. GINGREY) mentioned to consider Medicaid and Medicare and year after year in paying into it. and I watched a little press conference overall health care spending and costs that they had over the weekend or yes- in this Chamber. So we need to get it b 2230 terday in regard to what the President done now. Okay. Let us just say that is tough, had to say at his press conference As we address the issue of Social Se- that might just be the way some people Thursday night talking about progres- curity we have got more options today think they do not have any sympathy, sive indexing. And the gentleman from than we will as each year passes. If we but one of the things that we have to Maryland (Mr. HOYER) the minority do not act, if we continue to keep our understand is that if you are an em- whip at that press conference said, heads in the sand, which if you think ployer and you have 1,000 employees, ‘‘Other than individual personal ac- about the posture that you are in with every time it gets more expensive to

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I do not know how many jobs (Ms. PELOSI), the minority leader, and crats who want to work with me on would be reduced, but we do know from others had today or maybe it was the this bill, and again, I am asking the standard economics that the more ex- end of last week. It included, of course, Democrats, just come down here and pensive it gets to hire somebody, the the minority whip, and they kept talk- let us talk, let us engage. That is what least likely an employer is to hire ing about the President, President they are paid to do, come up with somebody. They are going to look for Bush ought to be ashamed of himself ideas. It is not good enough to come in ways to reduce the workforce, not to for raiding the Social Security trust here and vote in and have a little whin- increase it. fund. Now, that is so disingenuous. The ing press conference and saying we do One of the things this Republican mendacity of that is appalling. not like this or that. party has worked very hard on is cre- The $1.7 trillion in the trust fund is If you look at the Democratic agenda ating more jobs, and so it is gone and we all know, and I think the for the year, they have established two counterintuitive to us to increase taxes American people, Mr. Speaker, know, major issues. One is we do not want to on employers and employees. as we have tried to explain, the Presi- do anything on Social Security, period. Mr. CONAWAY. Well, I spent 30-plus dent explained, that money has been They have gone from New Deal to the years as a CPA working for a variety of spent on other governmental functions. no deal, and this is their position; they clients and situations, and it has been I am not saying that it was inappropri- are not going to offer, they are not my experience with those clients that, ately spent. You spend a little bit more going to help on Social Security. as Congress has reduced taxes, as tax money on the veterans and on defense Their second issue was we hate the of this country. If you spend a little bit bills have gone down, that most em- gentleman from Texas (Mr. DELAY). It ployers use that money to invest in of money on agriculture, our farmers, is not we want to punish somebody who new employees and invest in new education or K–12 and higher ed, these may have an ethics issue. It is, we hate are legitimate costs of government. equipment, in new process, to expand the gentleman from Texas (Mr. But this has been going on for 70 years, their businesses, and as the gentleman DELAY). It is the politics of hatred and the trust fund has been raided, and dur- pointed out, when taxes go up, some- personal attack, and beyond that, you ing at least 50 of those 70 years, who body loses a job. say to yourself, okay, all right, let us has been in control of this Congress? I I would also like to point out one move on. think we all know that, the Democrats. other thing while we are talking about Transportation: Republicans, here; Then, for the gentlewoman from Cali- Social Security and, that is, current Democrats, silence in the chamber. fornia (Ms. PELOSI), the minority lead- beneficiaries and near-term bene- We go on to energy. Republicans, er, and the gentleman from Maryland, ficiaries. here; Democrats, silence in the cham- Every chance I have gotten, every the minority whip, to suggest that this President has been raiding the trust ber. chance I hear of anyone talking about We go to health care, and the gen- fund is appalling. They know better. a plan, it includes a clear, unequivocal tleman is chairman of the Health Care They know absolutely better that we statement that if you are on Social Se- Task Force. Health care: Republicans, curity benefits, if you are a near-term have had deficit spending since 2001 and 9/11 and the dot.com bubble burst and here; Democrats, nothing. beneficiary, those benefits will con- It goes on down the line, with Iraq having to stand up the Department of tinue; you will continue to get your Homeland Security and go and fight and terrorism and issue after issue. checks. So whatever it is, whatever so- the terrorists, not on our shores, and to Tort reform. None of the leadership lutions we come up with, I will be able prevent them from coming again and have voted for civil liability reform. to look at my mom and dad, who are striking us here on our home land. They have not cosponsored it. On bank- current beneficiaries, and tell them Yeah, we have had some deficit spend- ruptcy reform, they have not been that on the 3rd of every month, that di- ing. These are emergency times. We are there. Class action reform, they have rect deposit is going to hit the bank, in a shooting war, but this President not been there. Two things on their just like it did last month and the has in no way, shape or form raided the agenda and they are both negative month before that. You will not, Mom trust fund. noes. and Dad, be able to outlive your Social I think the Democrats ought to Mr. CONAWAY. Mr. Speaker, I thank Security benefits because, in my mind, apologize for their leader, to give that both the gentlemen from the great Social Security is a contract with our- kind of press conference knowing that State of Georgia for joining me to- selves. that is not truth. night. We are not going to breach Social Se- Mr. KINGSTON. Mr. Speaker, I want We have been joined in the chamber curity. It is a public policy issue that I to speak to that point, though, because by another freshman colleague of mine think has served this country well for I do think it is something on a bipar- from North Carolina (Mr. MCHENRY) 75 years. It is a great concept to have tisan basis we could probably come up and I would be pleased to yield to him. a floor, a level of lifetime annuity that with something. Mr. MCHENRY. Mr. Speaker, I thank you know will be there for the rest of I have been working on a lock box the gentleman from Texas (Mr. your life. We have got that for the cur- bill which was originally the idea of CONAWAY) and I certainly appreciate rent generation of beneficiaries. I the gentleman from California (Mr. my good friend from Texas yielding me think it is a good idea that we ought to HERGER), a Republican Congressman, a moment to speak about this. have it for my grandchildren, that they and we passed it off the floor of this It has been significant, the achieve- also would have a plan in place, funded House, but what a lock box really ments this Republican Congress, in over their work life, that would allow would do is take that Social Security fact this Republican President, have them to have a lifetime annuity, that surplus and keep Congress from spend- had in the first 100 days of this new would provide them and their families, ing it. The reason why it is spent now Congress. at a modest level, of course, because is because the surplus goes out, buys It is rather significant that with nar- Social Security was never intended to Treasury bills, pays about 4.1 percent row margins, very small margins here be a robust retirement. It was always on the average right now to the Social in the House, small margins in the Sen- intended to be a safety net, a bare min- Security trust fund, but the revenues ate and with a Republican President, imum, a modest lifestyle that you that come in from it, do go into gen- we have been able to pass wonderful would lead, but nevertheless, one that eral revenue, and then Congress does proposals into law, and just by having would allow you to exist in your retire- spend it on veterans and education and a narrow margin here in the U.S. House ment age. health care and so forth. of Representatives, with Republican

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They have said, We has actually done to move things for- and barrier between Mexico and South- need to have a comprehensive energy ward, to move a conservative agenda ern California. policy for the United States, and it is a forward and do what is right for Amer- We have also passed and sent to the wonderful thing that so many good ica. It is wonderful that I was able to Senate the death tax repeal. This is Democrats on the other side have come here and participate in this won- something all good Republicans, of joined us. derful opportunity that we have had. I course, have campaigned on every time What we are beginning to see is they say it is wonderful for me to be able to they have run for office and run for have complaints in the Democrat lead- participate. It is wonderful that the election. This is an important repeal ership. The gentlewoman from Cali- gentleman hosted this hour, and I am of, in my mind, a bad public policy. We fornia (Ms. PELOSI) and the gentleman thankful that he opened this time for tax every single thing we do in life: We from Maryland (Mr. HOYER) certainly me. tax our incomes, we tax our sales, we are leading the Democrats with their Mr. CONAWAY. Mr. Speaker, I thank tax purchases, we have excise taxes on policy proposals. I say policy proposals, my friend from North Carolina. He also everything. We ought to be able to get but it is really process proposals. They is cutting a wide swath through the ac- out of this life tax free. Taxing death cannot beat us when it comes to policy, tivities around here, and he has done a seems to me on its face a bad public and so they have to sit on the sidelines good job for the folks of Western North policy, and this Congress in 2001 and and complain about the procedures, Carolina. 2003 began the process of repealing the complain about the process. I would like to amplify a theme that death tax over a 10-year period so that The reason why they are complaining he has talked about, and that is the in 2010 it goes away fully. about these things is, quite frankly, The bad news is that in 2011 it comes strong bipartisan support we have had they do not have any real substantive back in, fully, with a 55 percent part- on six major pieces of legislation. As I proposals. All they can do is sit on the ner in the Federal Government. The re- walk through these and explain kind of sidelines and complain and complain peal of the death tax will make that re- what the legislation did, I will also and complain. peal in 2011 permanent so that families point out the number of Democrats What the Democrat leaders are see- can be about passing on their inherit- who joined the Republicans in passage ing is that their rank-and-file Demo- ances to their families and children crats see that the Republicans actually of these bills. and their heirs and their charities in One of the early pieces of legislation have ideas. We have proposals in order ways they choose and that they are not to move America forward, and it is sub- was the class action lawsuit reform, forced to do this in ways that has stantial that we have had so many the Class Action Fairness Act, in which Uncle Sam as a 55 percent partner in Democrats join with us on these bills 50 Democrats joined their Republican that deal. that we have passed here in the U.S. colleagues in passing this bill that ad- Did I mention that 42 Democrats House of Representatives. dresses some very serious problems fac- joined the Republicans in passing that It is a wonderful thing to see Demo- ing our courts with respect to the large bill and sending it to the Senate? crats leaving their leadership behind interstate class action cases that are We also passed a bankruptcy abuse and saying, you know what, we see you being heard. This legislation moves bill in this Congress, the Bankruptcy do not have any ideas, so we are going those cases into Federal courts and al- Abuse Prevention and Consumer Pro- to join the party that has ideas, that is lows for the defendants in those cases tection Act of 2005, which closed many moving America forward, and we are to have a fair chance of having their of the loopholes being taken advantage going to vote with them. rights not abused in forum shopping in of by folks who really should not have So I encourage those on the other State courts. been taking advantage of them. The side of the aisle to come join us, join We also passed the REAL ID Border bankruptcy laws, for those truly bank- with the wonderful proposals that we Security Act. There again 42 Demo- rupt, are there and in place, but it pro- are offering America. crats joined the Republican colleagues vides for a review of their cases to It is wonderful that the gentleman in passage of this very important first make sure that if they can, in fact, pay from Texas (Mr. CONAWAY) has had this step. As my colleague, the gentleman something back to their creditors, that hour to discuss our first 100 days, the from Georgia (Mr. KINGSTON) men- they are required to do that. We had 73 enormous impact that this Congress tioned about immigration reform, Democrats join us in the passage of has had on America in a short amount which is something that this body that bill. of time. It is a wonderful thing, as a ought to be taking up in serious ways, Mr. GINGREY. If the gentleman will fellow freshman lawmaker, to join the but this is a great first step in that in- yield for just a second, and I appreciate gentleman from Texas (Mr. CONAWAY) stance by requiring that States, if they the gentleman yielding, because when in talking about our successes because, want their citizens to use their driver’s he mentioned the Bankruptcy Reform as a freshman lawmaker, we have tried license to get on to airplanes and get Act and the fact that declaring bank- very hard these first 100 days to have a into Federal facilities, that they will ruptcy was never meant to be part of significant impact not only on America have to have certain standards by someone’s financial planning, it made but for our constituents back at home which they issue those driver’s licenses me think of the gentleman’s comments and, in my case, the people of the 10th to their citizens and to others in their a little earlier in regard to the heavy District of North Carolina, Western State. lift, relatively speaking, of the Social North Carolina; for the gentleman from Security modernization, but not nearly b 2245 Texas (Mr. CONAWAY), the people of as heavy a lift as trying to do some- West Texas. It also closes some loopholes in the thing about Medicare and Medicaid, We have worked very hard on policies asylum laws as well as strengthening and I just wanted to speak to that just that help our constituents and lift our deportation laws. briefly. votes at home, lift all votes at home, We have an interesting, odd fact; First of all, our friends on the other while at the same time doing what is that if a person were on a terrorist side of the aisle want to suggest to the right for the people of America and, in watch list and attempted to get into American people, Mr. Speaker, that we, fact, proposals that make the world a this country, we have every right to the Republican majority, have done more secure place. not let them in. We can simply refuse nothing about Medicare, when in fact So I thank the gentleman from Texas to let them in. But if we come across we passed the Medicare Modernization (Mr. CONAWAY) for hosting this hour. I this same person already in this coun- and Prescription Drug Act in December certainly appreciate him yielding me try who had these terrorist ties and of 2003, and we had the interim Medi- time to be here. connections, those are not grounds for care Discount Drug Card, which for our

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2806 CONGRESSIONAL RECORD — HOUSE May 3, 2005 neediest seniors, gave a $600 credit per We passed the Energy Policy Act, ald Reagan we cut nondefense, non- year for 2 years. That is $1,200 worth of which, unfortunately, is not designed Homeland Security discretionary free, much-needed prescription drugs and does not have the capacity to have spending, and it provides for reconcili- for our neediest seniors. And the relief an immediate impact on gasoline ation for the first time since 1997. This that we bring to them we have not yet prices. That is a long-term problem, it is another real accomplishment given seen but we will see it as 2006 begins, has been a long time coming, and there the circumstances that we find our- January, when part D, the Prescription is no silver bullet. There is no imme- selves in. Drug Act, starts. diate solution to that. It is simply sup- We have also passed the Transpor- But in regard to the Medicaid sys- ply and demand. tation Equity Act of 2005. This provides tem, our colleagues on the other side of As more of us continue to drive, as for $284 billion in transportation spend- the aisle also say, well, why do we China continues to go from a bicycle ing on the needed infrastructure im- spend so much money on Social Secu- economy to a moped economy to a 4- provements for our highways and rity when what we really need to do is cylinder engine economy, to a 6-cyl- bridges and other transportation infra- address the Medicaid problem. Let me inder engine economy, their demands structure needs that will be spent over just say this, Mr. Speaker. We have a for crude oil and gasoline continues to the next 6 years. We need that legisla- Medicaid problem. There is no question grow much faster than anywhere else. tion to pass in the Senate so that the about it. But that Medicaid problem is India, likewise, has significant growth President can sign that bill and we can primarily because of three things: in their demand for the use of gasoline get on with the process of building a Waste, fraud, and abuse. And I can put and crude oil. So it is a supply-and-de- transportation infrastructure that will it in one phrase: Gaming the system. mand issue that the Energy Policy Act allow our economy to continue to grow In fact, there are States in this great we have just passed and sent over to and expand. Nation that have figured out a way to the Senate just cannot address. We have also passed the Job Training leverage the system and draw down However, it can address opportunities Improvement Act earlier in this ses- more Federal dollars and that sort of to reduce our dependency on crude oil sion, which simplifies and combines thing, and then use the money to cover imported and natural gas imported some of the job training programs that other expenses that have nothing to do from other countries. Each barrel of oil are in our community colleges and col- with health care, and that is gaming and each MCF of natural gas that we leges. the system. We need to fix it, and we need to import from other sources Mr. Speaker, we have had a terrific will. makes us more dependent on those first hundred days. As a freshman, it is But these seniors and our children sources. Now, while we will never wean my first term here and it has been an and our grandchildren that need Social ourselves, or certainly not in our life- exciting hundred days. I suspect the Security, that problem exists not be- times, from imported crude oil and nat- next hundred days will be as exciting cause they have gamed the system. ural gas, we can take the necessary as well, as we take up hopefully some And I think my colleague from Texas steps and the rational well-thought-out specific plans on Social Security, and I understands that so well, Mr. Speaker. steps to reduce our dependency on that look forward to joining with my Demo- These people, through no fault of their imported crude oil and imported nat- crat colleagues, as we have done on six own, are not going to have something ural gas through a variety of opportu- of these bills that I mentioned, in pass- that they have paid into with their nities. ing solutions to problems that face this money. They had no choice. It was al- These opportunities include encour- country. most confiscated from their paycheck. aging renewable energy sources, like f So we have to solve that first. wind generation for creating elec- And I applaud the leadership for tricity. We have to know how to learn HEALTH INSURANCE CRISIS sticking to their guns on this. Not just to burn coal cleanly. We currently cap- The SPEAKER pro tempore (Mr. the President, but, as I said earlier, our ture sulfur properly, but we do not cap- DENT). Under the Speaker’s announced great majority leader, the gentleman ture the CO2 that is emitted when coal policy of January 4, 2005, the gentle- from Texas (Mr. DELAY), and our is burned. India and China will dwarf woman from Wisconsin (Ms. BALDWIN) Speaker of the House. They are right, our coal consumption in their own ca- is recognized for half the time until we need to address this problem, do the pacity, in their usage of coal to gen- midnight. heavy lifting, and worry more about erate electricity. We have to develop GENERAL LEAVE the next generation than the next elec- technologies that will capture that CO2 Ms. BALDWIN. Mr. Speaker, I ask tion. and dispose of it properly. Because unanimous consent that all Members With that, I yield back to my col- whether you believe in greenhouse may have 5 legislative days within league from Texas. gases or global warming or not, the which to revise and extend their re- Mr. CONAWAY. Mr. Speaker, I thank evidence is pretty clear there is more marks and include extraneous material my colleague from Georgia. carbon dioxide in the air today than on the subject of my special order this There are two other reported bills we certainly in any of our lifetimes. So evening. have passed in this first hundred days capturing that CO2 that is created The SPEAKER pro tempore. Is there of the 109th Congress that have gained when coal is burned is an essential part objection to the request of the gentle- broad Democratic support. The first of this. This energy bill would provide woman from Wisconsin? was the Continuity of Government Act. dollars for the research for that tech- There was no objection. This would provide set procedures for nology. Ms. BALDWIN. Mr. Speaker, for the holding elections should 100 or more of It also creates jobs. Because as we third consecutive year, this week our our colleagues be killed in some sort of continue to develop new ways to pro- country has designated Cover the Unin- an event. That bill enjoyed 122 Demo- vide energy for this country, jobs are sured Week. Led by former Presidents crats joining with their Republican col- created when that happens. Ford and Carter, hundreds of national leagues in the passage of that bill. We have a litany of other things I and local organizations, as well as The final one I want to talk about want to quickly run through in the thousands of Americans in all 50 which the Democrats showed support final 5 minutes I have to brag on this States, are participating in week-long for is the Energy Policy Act of 2005. We House for the first 109 days. We passed activities to highlight the national have all had, those of us who drive a Supplemental Appropriations Act health care crisis. This is one of those automobiles, have had the wonderful that will provide for the global war on annual events that I wish we did not opportunity of pulling up to the pump terror funding in Iraq and Afghanistan, need to observe. and paying prices for gasoline that are as well as some modest tsunami relief Cover The Uninsured Week should be the highest we have ever paid, in our and other funding. This has gone to the unnecessary. Moreover, millions of minds. I am not speaking to whether Senate, is in a conference now, and will Americans who are underinsured that is right or wrong, but it is cer- be back to us later this week. should not be paying such a high price tainly an expensive process to drive an We passed a budget resolution last both emotionally and financially. automobile these days. week that for the first time since Ron- There is simply no justifiable reason

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2807 why the United States is the only in- who has psoriasis all over his body and insurance. Not long ago, my best friend dustrialized country in the world that arthritis caused by this. Three weeks died at age 42 because of ovarian cancer does not guarantee health care for all. ago he fell and needs surgery on his because she did not have health insur- So, Mr. Speaker, I rise tonight to draw shoulder to repair it. He has no job, no ance and waited too long to see what attention to the 45 million Americans money and no insurance. We started was causing all of her symptoms. Yes, who do not have health insurance and looking for a program to help him. people in America actually die from the millions more who are under- There are none that we can find. There not having health insurance.’’ insured. is nothing to help him get his shoulder Darla from Fitchburg, Wisconsin Our Nation is in the midst of an esca- fixed, but after it heals wrong and he is writes: ‘‘I lost my job because of unpre- lating health care crisis. As health care disabled because of it, then there are dictable attendance due to my health costs soar, it becomes increasingly dif- programs to help him. They will not issues. Upon losing my job, I signed up ficult for Americans to obtain com- help him get it fixed so he can find a for COBRA. Last week I received a let- prehensive and affordable health care. job. Instead, they would rather support ter indicating my COBRA eligibility Our current health care system is fail- him for the rest of his life instead of ends soon. In order for me to get health ing not only the 45 million Americans trying to help him now.’’ coverage, I would have to work at least who are uninsured, but also millions Gail from Janesville, Wisconsin 20 hours per week. My physicians be- more who do not receive comprehen- writes: ‘‘My husband lost his job in Oc- lieve that would do me more harm than sive health care. We can no longer turn tober 2003. He has applied for over 100 good relating to my health issues. If I our backs while millions more lose ac- positions only to be told that he lacks do not get some kind of health insur- cess to health care. a college degree or he is overqualified ance, I will need to stop all treatments Additionally, health care is becoming or they can only pay $8 an hour.’’ Gail as I have no money to pay for doctors’ increasingly expensive even for those writes: ‘‘I was diagnosed with breast services. My prescription drugs will who are fully insured. Rising pre- cancer in June 1989 and again in 2003. I have to stop as I will not be able to pay miums, increasing deductibles, and the have gone through breast cancer twice, for them either. What can I do?’’ increasingly high cost of prescription and have undergone a mastectomy and Heather from Waterloo, Wisconsin drugs are making health care more and reconstructive surgery. COBRA has run writes: ‘‘I am married. Together with more unaffordable for those who have out and without a stable income, we my husband, I own a home. We live a insurance. The lack of comprehensive cannot afford to pay the premiums of modest, middle-class life, managing al- and affordable health care affects every our own health care policy. My hus- ways to have what we need except for single Congressional district in this band is 59 years old and I am 58 years health care coverage. My husband has Nation. To highlight this issue and the old. We have no medical coverage. I excellent health care at his job, but for real impact that being uninsured has have looked in every insurance com- me to also be covered by the plan, we on the lives of Americans, I have de- pany and get turned down because of would need to pay nearly $400 per cided to read to my colleagues from my medical history. All our lives we month. That is two-thirds as much as some of the people that I represent in paid into these insurance companies our mortgage. Through school, I have their own words. Often the people most only to be turned away when we need worked less and less. In order to main- affected tell the story of our that coverage the most.’’ tain health care coverage, I have only uninsurance crisis more eloquently Lisa from Madison writes: ‘‘I write to been able to afford short-term, major than many policymakers. tell you and let you know that I under- medical coverage. I am grateful that I would like to begin with a few let- stand why most people would not think we can afford this, but it does make a ters from my district in Wisconsin that there is a health care crisis. Most mid- difference. However, even now if I have express real people’s struggles as part dle-class employed people never have a sore throat, I will wait for several of our Nation’s 45 million uninsured. to do an insurance questionnaire. We days and see how I feel. I will wait be- Starting with Kimberly from Madison, just sign on the dotted line and get cause if I do not need to go, I will save Wisconsin, Kimberly writes ‘‘I am writ- into a group policy with our em- money.’’ She writes: ‘‘This is dis- ing you today because of my family’s ployer.’’ Lisa writes: ‘‘I am a very turbing to me as a nursing student be- frustration and anxiety over health healthy person and my husband and cause I know about the importance of care. My husband recently quit his job children are very healthy. We cannot early treatment and prevention. It is to launch his new company. Obviously, get insurance. I think everyone should upsetting to me as a person because I it will take some time for his new com- attempt to get an individual health in- value my health, and it is unacceptable pany to see any profit, much less in- surance policy to see just how impos- to me as a citizen because I know there come. In the meantime, we are without sible it is. I am not a risk, really I am are people just like me who wait and health insurance.’’ She writes, ‘‘I am 5 not. I am terrified right now because get sicker, or cannot even get the months pregnant, and we have a 2- we are uninsured. The insurance com- medications that they need.’’ year-old son. Because of my preexisting panies are not concerned with our These are heart-breaking stories, but condition, we cannot buy affordable health. They are concerned with prof- perhaps what is more heart breaking is health insurance. COBRA would cost us its. That is sad and that is wrong.’’ they are just not unique. Millions of $1,200 a month. I am currently applying Countless studies, including that of American families are confronted with for Medicaid and other forms of public the Institute on Medicine has con- these impossible decisions regarding assistance as a last resort. This is ri- firmed over and over again that unin- their health care every single day. Ac- diculous.’’ sured has real consequences. One of cording to a recent Kaiser Family those most serious and troubling con- Foundation poll, more Americans are b 2300 sequences of being uninsured or under- personally worried about their health ‘‘As someone with no insurance, I insured is having to postpone or skip care costs than they are about losing wonder what could possibly be the needed health care. Families USA re- their jobs, paying their rent or mort- problem with implementing a public ports that one out of five Americans gage, losing money in the stock mar- health care system. Oh, I have heard has postponed needed medical care due ket, or being the victim of a terrorist the horror stories about having fewer to lack of coverage. And of those, more attack. choices and doctors, longer waiting than one in three said the delay I will give an example. Roberta from lists for procedures, and less incentive brought about significant pain or suf- Janesville, Wisconsin writes: ‘‘I think among doctors and researchers to de- fering. This is happening every single the insurance bills for both medical velop new techniques. What is most day all over America. and dental are horrendous. Both my frightening for me is the chance that Another letter I received from Carol husband and I work full time with two my son might get sick or my baby from Madison says: ‘‘As someone who small children, living paycheck to pay- might be born with expensive com- has had no health insurance at all for 3 check. My insurance costs have caused plications and we are uninsured.’’ years, I can tell you that it was pretty us many heartaches with us owing Janet from Portage, Wisconsin writes miserable being one of the 45 million more money that needs to be paid. As to me: ‘‘I have a 53-year-old brother people in this country without health a result, I will not get a needed medical

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If they cannot pay David from Cross Plains, Wisconsin, ing this time, Mary’s insurance for her for the large hospital bill, the costs are writes: ‘‘My wife and I have been self- daughter and her grandson expired, but passed on to other patients who are in- employed for over 18 years and have they were very fortunate to have Med- sured through higher premiums and of- paid thousands of dollars for health in- icaid to fall back on. Mary is incred- tentimes overcrowded emergency surance premiums. As of a few months ibly thankful that she had Medicaid. rooms. ago, we had to drop out and are now Otherwise, her grandson’s health would There is a better way. I am proud to without health insurance. The cost is have suffered and she would literally be stand here with the gentlewoman from completely out of reach. In fact, it is hundreds of thousands of dollars in Wisconsin and many other Members of nuts. Now that I am 50 years old, it is debt. this Congress to recognize Cover the not a matter of if I will ever have And lastly, there is the story of Uninsured Week and to advocate for health problems, it is when. Tammy, Silvia from Fitchburg, Wisconsin. real solutions to this nationwide crisis. we will lose everything we have ever Silvia was uninsured when she was hos- The problem of the uninsured is not worked for. So much for the American pitalized with a need for an appendec- something that we can put off solving Dream. Now we look forward to dying, tomy. Even after the hospital charity anymore. I urge Congress to act and broke and possibly homeless.’’ program reduced her bill, she still owed improve the lives of millions of hard- over $11,000 to the hospital. Sometimes working and uninsured Americans by b 2310 bill collectors call her home five times ensuring accessible and affordable Mr. Speaker, part of the reason why a day. Silvia chips away at this bill, health care. I find these letters so compelling and sending $20 to $50 a month. Ms. BALDWIN. I thank the gen- why I make a point to share them with Mr. Speaker, before I continue, I tleman for his words. As I was earlier my colleagues and the American public yield to the gentleman from Missouri sharing some of the letters written to is that finding and affording health (Mr. CARNAHAN) who has some words to me by my constituents, I recognized care is a challenge faced by all types of share about Cover the Uninsured Week. how powerful those stories are. I thank Americans, young and old, those living Mr. CARNAHAN. I thank the gentle- the gentleman also for sharing his own in Wisconsin and those living in Texas, woman from Wisconsin for yielding. and his own experience with this issue. those who have jobs and those who do Mr. Speaker, this week is Cover the I am sure it strengthens his advocacy not. Put simply, this is a national cri- Uninsured Week in our country. I rise on behalf of all of his constituents and sis. tonight to voice my concern for the 45 all Americans. I have been especially troubled lately million Americans, including 8 million Mr. Speaker, when I first announced that instead of working hard to find a children and over 600,000 citizens in my that I was going to seek a seat in Con- solution to the health care crisis, the home State of Missouri who are cur- gress several years ago, I chose the lo- majority party here in the House seems rently living without health insurance. cation of the football stadium in my to be making the crisis worse for I want to encourage all Americans to hometown, the stadium where the UW Americans in need. The House recently get involved in this week-long ob- Badgers play their football games. It is passed a bankruptcy bill which makes servance in their communities or on a stadium with a capacity of just under it more difficult for people to cope with the Web at 60,000 people. The reason I chose that the massive costs brought on by health www.covertheuninsuredweek.org and location was to bring to light the fact care crises. This is ridiculous, espe- to dedicate ourselves to getting Amer- that if you filled that stadium, every cially since we know that nearly half ica covered. This is a broad and diverse seat, with people who are uninsured of all personal bankruptcies filed in the coalition of individuals and organiza- from that congressional district, there United States are due to medical rea- tions throughout our country, includ- would still be a line to get in. That is sons, be it medical debt or an illness or ing the U.S. Chamber of Commerce, the how many people there are. In other injury that keeps somebody from the AFL–CIO, Health Care Leadership congressional districts around the workforce and earning a living. Council, AARP and many other organi- country, you could fill multiple foot- We are now poised to enact cuts to zations in our country that have the ball stadiums of that same size. Medicaid, the Nation’s health care common goal of getting America in- It is staggering. It is hard for us to safety net. On that note, I would like sured. Uninsured Americans come from get a grip on what it really means that to share a few additional stories before many age groups and backgrounds. In there are 45 million Americans with no I get a chance to call on my colleague fact, eight out of 10 people who do not health insurance at all. And these are from Missouri to make a few state- have insurance live in families with at people who have had longtime ments. least one person working full-time. Yet uninsurance. In fact, the Census Bu- First I share the letter of Chris from either their employer does not provide reau, who puts out that number, bases Monona, Wisconsin. She writes, ‘‘I’m health insurance or they cannot afford it on being uninsured for a full year. If writing because I’m concerned that the the premiums that continue to escalate you count the people who are only un- fiscal 2006 budget resolution may in- out of control. These Americans live insured for a month or two, some esti- clude drastic funding cuts to Medicaid. day to day, dreading the slightest cold, mates go as high as 70 million Ameri- I have lived with multiple sclerosis for praying for their children, that they cans who experience some time with- 12 years, and I know that significant stay healthy. This can no longer con- out insurance. Forty-five million is a decreases in funding would be dev- tinue in our country. staggering number. And add to that astating to people like me who have I understand these concerns all too some of the people I referenced earlier chronic conditions. I’m still able to well. When my wife and I owned our who have some type of insurance but work, but other folks with MS depend small business many years ago, we did are still facing exorbitant expenses, on Medicaid to access critical health not have insurance for the birth of our whether it is rising premiums, enor- programs. I need you to stick up for me youngest son. We were fortunate that mous deductibles, copays. It is a sys- and the thousands of Americans with there were no serious complications tem in crisis. MS.’’ and that we were able to obtain insur- I hope as we observe Cover the Unin- And then there is Mary from Madi- ance eventually. But many American sured Week and as we think about our son, Wisconsin, who came to meet with people are not so fortunate. This is a responsibilities as Members of Con- me in my office to talk about Med- grave and serious problem that affects gress representing many people who icaid. Mary is a nurse and while she all Americans, not just those without are uninsured and underinsured that was certainly familiar with the Med- insurance. Even those who currently we take serious aim at this crisis in icaid program, she never thought she have health insurance are impacted by our country. I hope that in a few years, would have to rely on Medicaid. But this. When people do not have the pro- maybe even next year, that there will

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2809 be no need to commemorate and ob- ance today, fear they may not have coverage We used to the light our homes with serve Cover the Uninsured Week. This tomorrow. The truth is that no American family whale oil. They did not stop lighting is a problem that screams out for our is more than one job change, one corporate homes because we ran out of whales, response. I invite my colleagues to join cost cut, or one serious illness or accident thank goodness; but we transitioned to me in working to provide health care away from being uninsured. a number of other things. We used to for every American. This country faces an uphill battle in solving use just wood all over the world, and Ms. EDDIE BERNICE JOHNSON of Texas. this health crisis. Now is the time for this Con- thank goodness we transitioned from Mr. Speaker, we all know someone who is liv- gress to address this problem with innovative wood to coal because we were tearing ing without health insurance. The perception is ideas and actions. our forests down, and there are a lot that the uninsured don’t work. Over 80 percent f better uses for wood than to burn that of the uninsured have jobs. Most work in retail wood. 2320 and service industries, but many are small b We transitioned for our transpor- business owners and employees. They are the PEAK OIL tation needs and many other needs individuals who care for our children, check The SPEAKER pro tempore (Mr. from coal to oil, and oil is a lot cleaner our groceries, or run the local pharmacy. DENT). Under the Speaker’s announced and it is a lot more efficient. Then we Americans who work hard for a living, should policy of January 4, 2005, the gen- went from oil and we found that nat- have health insurance. tleman from Maryland (Mr. BARTLETT) ural gas is cleaner yet and more effi- Often times, the uninsured ignore their med- is recognized until midnight. cient than oil. We also began to realize ical problems and delaying doctors visits. Chil- Mr. BARTLETT of Maryland. Mr. that coal has more hydrogen than dren go without vaccines because visiting the Speaker, several weeks ago I read a wood. Oil has more hydrogen in its con- doctor is just too expensive. They are gam- treatise written by Matt Savinar, and I tent than coal. Natural gas has more bling that they won’t get seriously ill. But those was galvanized by his introduction. Let hydrogen than oil. The transition who lose face staggering medical bills. Millions me read it. through our energy sources has not of dollars and many lives can be saved with ‘‘Dear reader,’’ he begins, ‘‘civiliza- come about because we ran out of those timely medical attention. tion as we know it is coming to an end energy sources. It has come about be- Almost one quarter of Texans are unin- soon. This is not the whacky proclama- cause we got a little smarter. Our in- sured. This is the highest rate of uninsured in tion of a doomsday cult, apocalypse tellect, our quest for knowledge, our the United States. In Dallas, 25 percent of the Bible prophesy sect, or conspiracy the- curiosity about something that is bet- population is uninsured. ory society. Rather, it is the scientific ter overtook the status quo. Despite the number of Texans who are un- conclusion of the best-paid, most wide- And when the gentleman from Mary- insured, medical assistance programs con- ly respected geologists, physicists, and land (Mr. BARTLETT) talks about peak tinue to be cut. In 2003, the Texas Health and investment bankers in the world. These oil, not only do we need to move away Human Services Commission implemented from the status quo when we hear his budget cuts to the Children’s Health Insurance are rational, professional, conservative words about fossil fuel; it is essential. Program. CHIP was designed to help families individuals who are absolutely terrified There is a sense of urgency to move who earn too much to qualify for Medicaid, but by a phenomenon known as global peak away. In all our measurements of oil or not enough to afford private medical insur- oil.’’ Mr. Speaker, in the weeks since I natural gas, whenever one looks at a ance. These budget cuts made it more difficult read this, I have checked with a large heater in their home, whether it is for families to qualify for CHIP. It also imposed number of experts in this area across their oil furnace, a Carison heater or higher premiums and co-payments. In addi- the country and indeed around the whatever it is, it is measured in Btus. tion, there is now a 90 day waiting period be- I want to show a number. This is a 1 fore coverage begins. There is no longer any world. He could be right. He will be with 15 zeros. That is 1 quadrillion. In coverage for dental care, vision, or mental right unless we appropriately address 1910 we used 7 quadrillion Btus in the health. And families are now required to re- this big challenge which faces the United States. In 1954 we used 35 quad- apply for CHIP every 6 months. world and particularly faces the United Since the budget cuts, over 175 thousand States, and that is what we will be rillion Btus, energy demand increase. children have been dropped from CHIP. Less talking about in our Special Order this Right now we use 100 quadrillion Btus, than half of those children were able to find evening. and that is not slowing down. What we need in this country is logic another form of medical insurance. I have been joined by the gentleman For weeks now this Congress has dealt with from the eastern shore of Maryland and intellect to move us away from an legislation that harms some of our most vul- (Mr. GILCHREST), one of my colleagues energy source that has now lost its use- nerable citizens. Many of whom are dealing who shares a concern in this area of en- fulness for a number of reasons. It is with serious medical difficulties. ergy, and I yield to the gentleman. putting carbon dioxide into our atmos- Staggering medical bills and considerable Mr. GILCHREST. Mr. Speaker, I am phere faster than we have seen that in- debt is a problem for many uninsured Ameri- only going to speak for just a couple of fusion of carbon dioxide in the last cans. Many of these individuals are forced to minutes because the gentleman from 400,000 years, and our supply is dimin- file bankruptcy. Last month the House passed Maryland (Mr. BARTLETT) has a fas- ishing quickly as our demand is in- the Bankruptcy Reform Bill. With these cinating story to tell, one that richly creasing even faster. changes, those with moderate or higher in- deserves everybody’s attention. There are a number of energy comes are now required to pay back most, if But, just briefly, I want to thank the sources. The gentleman from Maryland not all, of their debt. gentleman for yielding to me. (Mr. BARTLETT) will talk about some of For example, under these reforms an unin- The gentleman from Maryland (Mr. them. We will have these on a number sured family who has a child to cancer will BARTLETT) will talk about energy, peak of occasions. We are looking at nu- now be saddled with those medical bills indefi- oil. As the demand increases enor- clear. We are looking at solar. We are nitely. mously, the supply of the fossil fuel looking at wind. We are looking at hy- Mr. Speaker, last month the House also that we are using continues to de- drogen. We are looking at a number of passed the Energy Bill. This was NOT a posi- crease. We know that energy is power, alternatives. But before we have the tive bill for Americans whose health depends and energy is what drives the Nation’s technology to move into those alter- on clean air and clean water. economy. And we have assumed for a natives for energy security, which Under the Clean Air Act, areas that have long time, for decades anyway, that en- means energy independence, the transi- unhealthy air were required to reduce ozone- ergy supplies have a bottomless well. tion has got to be vastly improved effi- forming pollution by strict deadlines. The En- And that is correct. The energy source ciency for oil, for natural gas, to move ergy Bill extends these deadlines allowing pol- at the bottom of the well is bottomless. into biofuels, and I am not talking luters more time to continue polluting. This It is endless. But what is at the bottom about ethanol, which is corn which will means more asthma attacks, hospital visits, of that well is not oil. It is not even feed the world. I am not talking about and premature deaths for residents in highly natural gas. It is not coal. What lies at biodiesel, which is soy beans, which is polluted areas. the bottom of the bottomless well is used to feed the world. What I am talk- Today, 45 million American are uninsured. our intellect, our logic, our knowledge, ing about are other sources like certain Even those families that do have health insur- our know-how. grass or poplar trees, which farmers

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2810 CONGRESSIONAL RECORD — HOUSE May 3, 2005 can grow, which they can use to here to find out how we do it, how we the oil derricks were about as close to- produce. get out those last dribs and drabs from gether as trees in a forest, just an in- So peak oil, the transition to a new our oil reservoirs, because we have credible bonanza of derricks down energy source, has got to come now. been doing this for a very long time. there getting this oil out of the ground. We cannot wait a decade. It is vastly We represent a bit less than 5 percent The rest of the United States is the big important. of the world’s population, one person in area here, natural gas liquids, we have I want to thank the gentleman from 22 in the world, but we consume 25 per- learned how to liquefy natural gas, and Maryland (Mr. BARTLETT) for yielding cent of the world’s energy, and we are now that is supplementing the petro- to me and I urge the Speaker to listen importing about two-thirds of that. leum. to the words of the gentleman from And, as the President himself said, a There are two parts of this curve that Maryland. lot of that oil comes from countries I want to pay special attention to. One Mr. BARTLETT of Maryland. Mr. that do not even like us. of them is Alaska here, that is Prudhoe Speaker, the gentleman from Maryland These 30 people, about half of them Bay. And notice that it was just a lit- (Mr. GILCHREST) was talking about were retired generals and admirals. tle blip in the downslope here from growth in the use of energy; and I have There were several retired secretaries Prudhoe Bay, we are still going down. here some curves, some exponential of previous administrations. These It delayed it just a little; it never got curves. Ordinarily, when people think were really the leaders in America that back to the peak production in 1970. By about growth, they may think about a wrote to the President: Mr. President, the way, we are now sliding down this straight line. And on the bottom here this is an unacceptable national secu- curve and we produce about half as it shows the extrapolation of 2 percent rity risk that we have only two percent much oil now as we did in 1970. Mr. Speaker, I am sure that my col- growth starting at this point. If it is a of the world’s oil reserves and we use 25 leagues can remember all of the hulla- straight line, it would look like that. percent of the world’s oil, and we im- baloo about the enormous finds of oil But that is not 2 percent growth be- port two-thirds of that. By the way, in the Gulf of Mexico. That was going cause every year we are growing some- that is up from about one-third that we to solve our energy problems for the thing less than 2 percent. To be 2 per- imported during the Arab oil embargo. foreseeable future. What that turned cent growth, one has got to grow 2 per- We peaked in 1970. As a matter of fact, out to be is this little yellow here. cent more than they were the last the next chart shows when we peaked That is all there was to it. And again, year, and that is called exponential and we can get a better idea of this. it did not bring us back to where we growth, and this is a 2 percent growth To explain how this curve got here, I were in 1970; we are still sliding down curve for exponential growth, just 2 have to go back about six decades. It Hubbert’s Peak. percent. was in the 1940s and 1950s, a scientist at I would like to come back to the The next curve here is a 4 percent ex- the Shell Oil Company named M. King Alaska oil for just a moment. We are ponential growth curve and then 5 per- Hubbert was watching the exploitation now talking about going into ANWR. It cent. And I put on here the growth and exhaustion of oil fields, and he really does not matter whether one is curve that China has been following, noted that each of those fields followed for going into ANWR or one thinks and that is a 10 percent growth curve. a bell curve. The oil came out very rap- that is a pristine wilderness that we In just 7 years, if they are growing at idly at first and then, when it reached should not drill in, because the amount 10 percent, they double. They double a peak, at which time he noted about of oil in ANWR is probably not more again in the next 7 years; so in just 14 half of the field had been pumped, and than half of this. Even if it were that years, they are four times bigger. They then it stands to reason the last oil out much, it is not going to come on line; double again in the next 7 years so that of the field is going to be harder to get, the chairman of the Committee on at 21 years it is eight times bigger. so there was now a downslope. So in Transportation, the gentleman from That is why this curve is so sharp. 1956 he kind of guessed at the addi- Alaska (Mr. YOUNG) says it may be 10 China is now following this growth tional fields that we were going to find years before it comes on line, and it is curve. It is very difficult for one’s in this country, and he mathematically really not going to make enough dif- economy to grow at 10 percent without calculated when we should peak, and ference to matter. My concern is that their energy use growing at somewhere he thought that would be in the early if we drill in ANWR, Americans will near 10 percent. So we need to keep 1970s, and he made this prediction in think, gee, we have solved our energy that in mind as we go through the 1956. As a matter of fact, we did peak in problem, we are drilling in ANWR. It charts that are going to follow this, 1970. will be little more than a nit in terms that China is growing at this rate. The Now, his curve is the smooth curve of the enormous amounts of oil that we world, by the way, grew last year at 5 here, his projected curve, and he did use. That kind of helps us put ANWR in percent. We grew probably a bit over 2 that back in 1956, and the data points perspective, because this is Prudhoe percent in this country. Of course, we here, the rougher curve, the actual Bay, which may be twice as large as were way ahead to start with; so with data points which fall remarkably near ANWR. So it kind of gives us a picture our 2 percent growth, we are still way his curve, Prudhoe Bay, the Alaska oil, of what we can expect from ANWR. out in front of everybody else in terms that occurred after we were already on The next chart is a generic chart of the amount of energy we use. the down slope of what is called which kind of shows us where we are, Hubbert’s Peak here, and we see what very probably where we are, and we b 2330 Prudhoe Bay did. And then we are have here only a two percent growth. As a matter of fact, the next chart going to go to a chart just after this Remember those curves I showed ear- shows some figures which alarmed 30 of that shows the different places we get lier? This is only the two percent the leading figures in our country: Jim oil from in our country. growth curve. But notice what hap- Woolsey and McFarland and Frank The red curve here shows Russia, and pens: it gets steeper and steeper as we Gaffney and 27 others who wrote a let- when the Soviet Union was falling go out. That is the interesting thing ter to the President just a few weeks apart, they had more oil than we, so about exponential growth. The blue ago, and they noted to the President they peaked higher. When the Soviet curve here is the available oil. Now, ob- that we have only two percent of the Union was falling apart, they did very viously, the use of oil and the produc- world’s oil reserves. By the way, from poorly and, as a matter of fact, there is tion of oil paralleled each other going that two percent, we are generating now a little secondary peak, here is a up the slope because nobody was stor- eight percent of the world’s oil. And recovered one, but it is on down; the ing it in large reservoirs anywhere. The what that means, of course, is that we first peak was considerably higher than yellow area between the amount of oil are getting four times as much oil rel- the second peak. that can be produced and the oil that atively out of each of our wells as the The second chart shows where we get we would like to use represents the def- world gets out of their average wells, our oil from. A great deal of it came icit. We do not even have to get to so we are really good at pumping oil. In from Texas. I saw some early photo- peak oil to have a problem, as the fact, we are so good at pumping oil graphs of some of the oil fields in curve shows here, because we start de- that just recently, the Saudis came Texas, and I will tell my colleagues, viating from this curve before we get

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2811 to the peak of the curve. So we might And he thought that the reason that China is know aggressively developing expect, if we are at this point where we did not have more oil was simply a blue water navy. By a blue water the arrow points here, we might expect because they did not have enough in- navy, I mean a navy that operates in it for the next couple of years or so centive to drill for more oil. And so he the oceans of the world. Many coun- that it will be marginally greater in- gave them incentives to drill for oil, tries have a navy, but most of them are creases in the production of oil, but and these incentives did work, they did designed to protect the country close they will not begin to keep up with the drill for oil; but notice the increased in. increased demand for oil. drilling for oil simply followed an ever- Only we now, since the Soviets and Last year, for instance, China in- decreasing discovery of oil with in- the Russians have pulled back, only we creased their oil imports about 25 per- creased use, so now we have been oper- now have a blue water navy that con- cent. They now are the number two im- ating in the red for a long time. trols the world’s oceans. And China porter in the world. They have replaced Notice that in spite of enormously recognizes that we could, if we wished, Japan as the number two importer in increased profits, the industry is not cut off their oil supply. And so they the world. Of course, we are number drilling very many more wells. Why are now are aggressively developing, one. We import more oil than anyone they not drilling many more wells? It among other armaments, a blue water else in the world. India is following quite obviously is because they have navy. closely behind China. The Third World done a lot of exploration, we are really By the way, last year our trade def- is now industrializing and probably, pretty good at that today, and we use icit with China was $162 billion. So it is one of the things that we could most seismic and 3–D and computers. And if not that they are without resources to productively do would be to help India they thought there was a whole lot develop this blue water navy. The next and help China and help the Third more oil out there to be found, they chart is a very interesting one, and World countries who are industri- would be drilling more wells, because Congressman GILCHREST talked about alizing to do it more efficiently. They they certainly have the capital to do this. And this shows the transition are not only industrializing 30, 40 years that now. from one fuel to another. And notice after we did; they are kind of following There is another dimension in this the lower brown curve here is wood. And we really started using wood the same path that we followed and story that our next chart shows for us. when we learned how to make steel. As using very inefficient techniques. So And this is what is happening around a matter of fact, the hills, the moun- we could help alleviate the world’s en- the world. And I want to pay particular tains of New England were largely ergy problem by helping these coun- attention to China. China is now, re- denuded of trees. There are now more tries, which are now following us by 30 member, the number two importer in forests in New Hampshire than there years or more in industrialization, to the world, 1.3 billion people, with an were when the Industrial Revolution economy growing, remember that 10 use techniques that are more efficient, began here, because it began in Eng- percent curve, very sharp growth in which would make more oil available land a bit sooner, and they were cut- their economy. And they are now for everyone. ting trees from New England to take to The next chart shows the discovery scouring the world for oil. They have contracts in Canada for England. of oil, and the discovery of oil, if my As a matter of fact, the Industrial oil, in Colombia, Venezuela, Brazil, Ar- colleagues see, that peaked for the Revolution almost foundered because, gentina, a number of them in the Mid- world back here before 1970, and it as Congressman GILCHREST mentioned, dle East and Africa. They are now ne- peaked for the United States consider- we were exhausting the forest and cut- ably before that. So discoveries peak a gotiating with Russia for oil there. ting the trees for energy, and then we long time before consumption, and They are talking with Russia about discovered coal. And notice how much they are down, down, down now. I just building a pipeline from the Sakhalin greater the economy became, because had a paper sent to me that says that Island, in the Russian far east. Russia over here is quadrillion BTUs. Remem- there is a whole lot more oil out there spans 11 time zones. ber you talked about BTUs, these are This ought to be colored green here, that we have not found. quadrillion BTUs over here. I think because Russia comes clear around b 2340 you were up, what, over a hundred here, nearly up to Alaska. They cover quadrillion BTUs? Here it is 70. We are I hope that is true. But whether it is 11 time zones. And their far eastern oil now up over a hundred quadrillion true or not for the moment is not going is so far away from their major popu- BTUs. to make much difference, because it is lation centers, that they just cannot And then we discovered oil. And here not going to come on line, as Chairman get it there over this large expanse. it goes. Up to a hundred quadrillion YOUNG says, for maybe 10 years. And in And so now they are talking about a BTUs total energy production. By the 10 years we are going to be sliding pipeline that would carry it down to way, the lower curve here is a breakout down Hubbert’s Peak. So if there is a China and perhaps down to the Korean of these, and it shows what maybe I lot more oil out there, the most it will Peninsula. By the way, they negotiated hope is the future, what better be the do is kind of slow our descent down for an oil company in our country, and future, or the future is pretty grim, Hubbert’s Peak. We cannot escape the were just barely out-bid. They may be that is, some alternatives to fossil reality that the world production of oil back bidding for oil companies in our fuels. Those are things like nuclear and will peak, many believe that it has country. They now control a number of solar and wind. They are so far down peaked, and the demand for oil is cer- assets around the world to make sure here in the noise level you do not see tainly not going to peak. That is going that they have access to this oil. them so we have blown it up. to keep on going up. For instance, for a number of years By the way, you do not see this big The next chart shows something very now they have had ports at both ends red peak here, because this combines interesting, that is, that drilling more of the Panama Canal. A poll, kind of an petroleum and natural gas which come will not help. And this is an interesting informal poll, was conducted in India together, and here they are separated chart, because what it shows, the green and China over a several-month period so you add this to this, you will get shows the discoveries above use by the by sending people that would just talk this big peak up here. United States, and the red shows when to people across the spectrum of their This explains some of the character- we started to run a deficit. society there to ask them about energy istics that alternatives must have, and What you see is in the 1980ish time and the future, and there is pretty that is energy density. Why were the zone, the yellow here shows the wells broad knowledge in both of those coun- Btus so much higher with coal and that we drilled. And notice this big tries that energy is going to be an in- enormously higher with oil? And Con- spike in the number of wells we drilled. creasing problem. gressman GILCHREST mentioned this, it This was early in the Reagan adminis- And in China they found a big rec- is the energy density there. tration. ognition that China was dependent on Give you a little example of energy Now, President Reagan recognized the sea lanes for their oil, and they do density. At maybe 25 percent efficiency that we had a problem. We were al- not control the sea lanes. The United only, because in your internal combus- ready sliding down Hubbert’s Peak. States controls the sea lanes. And so tion engine you are lucky if you get 25

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2812 CONGRESSIONAL RECORD — HOUSE May 3, 2005 percent efficiency, which is the reason There is a lot of oil in tar sand, but want to solve our energy problems in that you have that big radiator and all most of it is pretty poor quality and it our country with fusion. That does not those pipes and fins to get rid of the takes a lot of energy to get it out. It keep me from voting for the something heat. A barrel of oil contains the en- may take almost as much energy to less than $300 million that we appro- ergy of 25,000 man-hours of labor. get it out as you get oil out of the tar priate each year to fusion, because if That is the equivalent of having 12 sands. we get there we are really home free. people work for you full time for a Then we have the oil shale in this That is incredible. But that is probably whole year. And it costs you about country. The same thing is true there. not going to happen. We certainly $100, $50 for the oil, that is about what Ultimately when Goldman Sachs has would not bank on it. If it happens that it was today, maybe another $50 to re- oil going to $105 a barrel, when it gets is nice. Like winning the lottery, if it fine it. So you have got 42 gallons at there it might be feasible to get oil happens that is nice. $2-something a gallon. That is about shales. But again, a big environmental Two other kinds of energy is from $100, is it not? And that $100 will buy penalty and a lot of energy to get it nuclear. These are fission. One of those you the work equivalent, the energy out. is whitewater reactor, which is the equivalent of 25,000 man-hours of labor. Coal. We will leave this chart up and kind we have in this country. This uses So when we are looking for some- put another chart in front of this be- uranium which is in even shorter sup- thing to replace these fossil fuels, we cause we want to come back to this ply in the world than oil. So that will have got to find something with a lot one. The chart we put in front shows not last forever. of energy density, or we are going to coal, and you have heard that we have Ultimately if we are going to get have to change the way we live and 250 years of use, that is true, with no large amounts of energy from nuclear change the way we use energy. You growth at current use rates. Remember figures, we are going to have to go to may have trouble calibrating that that flat curve we showed before? No breeder reactors. France gets about 80 25,000 man-hours and 12 man-years, but growth at current use rates. percent of their electricity from nu- let me give you a little example that it This is perfectly flat. It will last us clear and they have a lot of breeder re- may be easier to identify with, and 250 years with no growth, but if it just actors. With breeder reactors, you buy that is what your car does with a gal- grows 1.1 percent a year it will only a problem of waste products that you lon of gas, a gallon of gas, not very big. last that long. Less than 150 years. At have to store away we believe for By the way, still cheaper than water 2 percent growth it will last less than maybe a quarter of a million years. in the grocery store, at $2-and-some- 100 years. But what are you going to do That is a time span we can even think of and how do you safely store some- thing a gallon, unless you are buying it with coal? You cannot put it in the thing away for a quarter of a million in Wal-Mart or KMart a gallon at a trunk of your car and go down the road. You have to convert coal to a liq- years? time. But in the little bottles you buy Anything that has that much energy it in, it is much more expensive than uid or a gas so that you can use it. And when you have a 2 percent growth rate in it ought to be good for something. If gas. Recently, I went with my brother- it is so hot, if it has so much energy in and after conversion you are now down in-law and sister-in-law in our little it that you have got to store it away, about 50 years of supply. And you have Prius. We have been driving one for a you cannot even come close to it for a got to use a lot of energy to make sure number of years now, since 2000 as a quarter of a million years, I would that you clean up the coal. matter of fact; but the first one in think you have not unleashed the inge- Maryland, the first one in Congress. We appropriate money from the Con- gress for clean coal technology, I sup- nuity of the American people to see 85,000 miles on it. We were down in what we can do with that energy. I just port that, because we cannot use coal West Virginia going up mountains think there is some potential there in the traditional way because it is down there. It has an instantaneous that we have not tapped. record of your efficiency, miles per gal- enormously polluting. Our time for this evening is nearly We will go back now to our chart we lon. The worst mileage we got was 20 up. So what I want to do now is just were looking at the options that we miles per gallon. mention, and we will be coming back have. The only thing on this table here again for a full hour and we will be b 2350 that comes close to the energy density talking about in detail about these re- Well, that is going up a West Virginia of fossil fuels is nuclear. Now, a lot of newable resources down here, what can mountain with four people in the car people have some big concerns about we realistically expect from them and and luggage, and that one gallon took nuclear. But we have had 104 nuclear what do we need to do to get them me 20 miles up the mountain. power plants in our country. We have started? Solar and wind and geo- How long would it take me to pull never had a fatal accident. We have thermal, tapping that hot molten iron my car 20 miles up the mountain? never had any real serious accidents core of the earth. Ocean energy, the Of course, I cannot do that without there. Three Mile Island, by the way, tides and the waves. Lots of potential some mechanical advantage. I could was not a catastrophe. It was very un- from agriculture, soy diesel, bio diesel, use a winch. We call it a come along fortunate. As far as I know nobody was ethanol, methanol, bio mass. and chains and the guardrail or trees hurt from that and we learned a lot Waste of energy. Great idea. Rather or something, and by and by I could get from that. than filling landfills with it, burn it my car up the mountain. There are three different ways we can and get energy from it. By the way, the If I got it there in 90 days, that would get nuclear energy. The way that will heat you got from it ought to be used be 90 hard days work, if you want to get us home free is fusion, that is what for heating people’s home. It ought not calculate that out how many feet you happens in the sun. And by the way, be wasted in evaporating water in a big have to pull it a day. That gives you the sun is the origin of the most of en- tower outside town. some idea of the energy density in ergy that we have. All of the fossil Last, we will close with hydrogen these fossil fuels. So that is the chal- fuels came from the sun ultimately. from renewable. Hydrogen is not an en- lenge we have. The ferns grew that produced the coal. ergy source. You cannot mine hydro- The next chart shows us the kind of The little organisms that grew in the gen. You cannot suck it out of the air. things we can look to for getting en- water that settled to the bottom and The only way you get hydrogen is to ergy to replace these fossil fuels. Now were later covered over by silt, and produce it. there are some finite resources we real- then with the movement of tectonic Right now we are getting hydrogen ly have to pay attention to. They will plates they were buried with heat and from natural gas. It would be better to not last forever, but in this transition pressure. In time they became oil. get it from renewables. We can do that. we will have to use them as we can. The odds of getting fusion in time are We can get it from nuclear. One of the The tar sands, and I am going to Can- pretty small. I would like to use the things you might do with a nuclear ada this summer, when I gave a talk on analogy that me trying to solve my plant is to split water to get hydrogen. a couple of weeks ago, they called and personal economic problems by win- You put that hydrogen in a fuel cell in would like me to see their tar sands ex- ning the lottery is pretty much the your car. It has at least twice the effi- ploitation so we will look at that. same kind of odds that we face if we ciency of the reciprocating engine. It

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2813 produces only water when you burn it. Sec. 1. Short title. ignated as an emergency requirement pursuant You do not have a flame but you are, in Sec. 2. Table of contents. to section 402 of the conference report to accom- effect, chemically burning it in the fuel Sec. 3. References. pany S. Con. Res. 95 (108th Congress). cell. DIVISION A—EMERGENCY SUPPLEMENTAL RESERVE PERSONNEL, MARINE CORPS There are lots of things to look at APPROPRIATIONS FOR DEFENSE, THE For an additional amount for ‘‘Reserve Per- here. But the real urgency here is that GLOBAL WAR ON TERROR, AND TSU- sonnel, Marine Corps’’, $4,015,000: Provided, NAMI RELIEF, 2005 we have got to buy time by conserva- That the amount provided under this heading is tion and by efficiency so that we can Title I—Defense Related Appropriations designated as an emergency requirement pursu- Title II—International Programs and Assistance ant to section 402 of the conference report to ac- use the limited resources of oil that we for Reconstruction and the War company S. Con. Res. 95 (108th Congress). have, not only to continue the econo- on Terror RESERVE PERSONNEL, AIR FORCE mies we now have in the world, but to Title III—Domestic Appropriations for the War For an additional amount for ‘‘Reserve Per- make the investments we must make on Terror sonnel, Air Force’’, $130,000: Provided, That the Title IV—Indian Ocean Tsunami Relief in these renewables so that we are amount provided under this heading is des- Title V—Other Emergency Appropriations going to continue to be able to live the ignated as an emergency requirement pursuant Title VI—General Provisions and Technical Cor- kinds of qualities lives that we have to section 402 of the conference report to accom- rections been living. pany S. Con. Res. 95 (108th Congress). DIVISION B—REAL ID ACT OF 2005 I am sure that Americans are up to NATIONAL GUARD PERSONNEL, ARMY this. What we need is leadership articu- SEC. 3. REFERENCES. For an additional amount for ‘‘National lating the problem and articulating the Except as expressly provided otherwise, any Guard Personnel, Army’’, $291,100,000: Provided, things that Americans need to do. reference to ‘‘this Act’’ contained in any divi- That the amount provided under this heading is Americans just need leadership. We are sion of this Act shall be treated as referring only designated as an emergency requirement pursu- to the provisions of that division. the envy of the world and we need to be ant to section 402 of the conference report to ac- a world leader in this because we use DIVISION A—EMERGENCY SUPPLEMENTAL company S. Con. Res. 95 (108th Congress). most of the oil in the world. APPROPRIATIONS ACT FOR DEFENSE, NATIONAL GUARD PERSONNEL, AIR FORCE THE GLOBAL WAR ON TERROR, AND TSU- For an additional amount for ‘‘National I would note that you can turn to our NAMI RELIEF, 2005 Web site and there you will find a dis- Guard Personnel, Air Force’’, $91,000: Provided, That the following sums are appropriated, out That the amount provided under this heading is cussion of these items of links that will of any money in the Treasury not otherwise ap- carry you are to other places. If you designated as an emergency requirement pursu- propriated, for the fiscal year ending September ant to section 402 of the conference report to ac- would like to order a video or DVD, 30, 2005, and for other purposes, namely: company S. Con. Res. 95 (108th Congress). this is the telephone number you call TITLE I—DEFENSE-RELATED OPERATION AND MAINTENANCE at C–SPAN. APPROPRIATIONS OPERATION AND MAINTENANCE, ARMY f DEPARTMENT OF DEFENSE—MILITARY For an additional amount for ‘‘Operation and CONFERENCE REPORT ON H.R. 1268 MILITARY PERSONNEL Maintenance, Army’’, $16,980,304,000: Provided, Mr. LEWIS of California submitted MILITARY PERSONNEL, ARMY That the amount provided under this heading is the following conference report and For an additional amount for ‘‘Military Per- designated as an emergency requirement pursu- sonnel, Army’’, $13,609,208,000, of which not to ant to section 402 of the conference report to ac- statement on the bill (H.R. 1268), mak- company S. Con. Res. 95 (108th Congress). ing emergency supplemental appropria- exceed $508,374,000 shall remain available until September 30, 2006: Provided, That the amount OPERATION AND MAINTENANCE, NAVY tions for the fiscal year ending Sep- provided under this heading is designated as an For an additional amount for ‘‘Operation and tember 30, 2005, to establish and rapidly emergency requirement pursuant to section 402 Maintenance, Navy’’, $3,030,574,000: Provided, implement regulations for State driv- of the conference report to accompany S. Con. That the amount provided under this heading is er’s license and identification docu- Res. 95 (108th Congress). designated as an emergency requirement pursu- ment security standards, to prevent MILITARY PERSONNEL, NAVY ant to section 402 of the conference report to ac- terrorists from abusing the asylum For an additional amount for ‘‘Military Per- company S. Con. Res. 95 (108th Congress). laws of the United States, to unify ter- sonnel, Navy’’, $535,108,000, of which not to ex- OPERATION AND MAINTENANCE, MARINE CORPS rorism-related ground for inadmis- ceed $19,928,000 shall remain available until For an additional amount for ‘‘Operation and sibility and removal, to ensure expedi- September 30, 2006: Provided, That the amount Maintenance, Marine Corps’’, $982,464,000: Pro- tious construction of the San Diego provided under this heading is designated as an vided, That the amount provided under this border fence, and for other purposes: emergency requirement pursuant to section 402 heading is designated as an emergency require- of the conference report to accompany S. Con. ment pursuant to section 402 of the conference CONFERENCE REPORT (H. REPT. 109–72) Res. 95 (108th Congress). report to accompany S. Con. Res. 95 (108th Con- The committee of conference on the dis- MILITARY PERSONNEL, MARINE CORPS gress). agreeing votes of the two Houses on the For an additional amount for ‘‘Military Per- OPERATION AND MAINTENANCE, AIR FORCE amendments of the Senate to the bill (H.R. sonnel, Marine Corps’’, $1,358,053,000, of which 1268), ‘‘making emergency supplemental ap- For an additional amount for ‘‘Operation and not to exceed $220,227,000 shall remain available propriations for the fiscal year ending Sep- Maintenance, Air Force’’, $5,627,053,000: Pro- until September 30, 2006: Provided, That the tember 30, 2005, to establish and rapidly im- vided, That the amount provided under this amount provided under this heading is des- plement regulations for State driver’s li- heading is designated as an emergency require- ignated as an emergency requirement pursuant cense and identification document security ment pursuant to section 402 of the conference to section 402 of the conference report to accom- standards, to prevent terrorists from abusing report to accompany S. Con. Res. 95 (108th Con- pany S. Con. Res. 95 (108th Congress). the asylum laws of the United States, to gress). unify terrorism-related grounds for inadmis- MILITARY PERSONNEL, AIR FORCE OPERATION AND MAINTENANCE, DEFENSE-WIDE sibility and removal, to ensure expeditious For an additional amount for ‘‘Military Per- For an additional amount for ‘‘Operation and construction of the San Diego border fence, sonnel, Air Force’’, $1,599,943,000, of which not Maintenance, Defense-Wide’’, $3,042,265,000, of and for other purposes’’, having met, after to exceed $16,471,000 shall remain available until which— full and free conference, have agreed to rec- September 30, 2006: Provided, That the amount (1) not to exceed $25,000,000 may be used for ommend and do recommend to their respec- provided under this heading is designated as an the Combatant Commander Initiative Fund, to tive Houses as follows: emergency requirement pursuant to section 402 be used in support of Operation Iraqi Freedom That the House recede from its disagree- of the conference report to accompany S. Con. and Operation Enduring Freedom; and ment to the amendment of the Senate and Res. 95 (108th Congress). (2) up to $1,220,000,000, to remain available agree to the same with amendment as fol- RESERVE PERSONNEL, ARMY until expended, may be used for payments to re- lows: imburse Pakistan, Jordan, and other key co- For an additional amount for ‘‘Reserve Per- In lieu of the matter proposed to be in- operating nations, for logistical, military, and sonnel, Army’’, $39,627,000: Provided, That the serted by the Senate amendment, insert the other support provided, or to be provided, to amount provided under this heading is des- following: United States military operations, notwith- ignated as an emergency requirement pursuant SECTION 1. SHORT TITLE. standing any other provision of law: Provided, to section 402 of the conference report to accom- This Act may be cited as the ‘‘Emergency Sup- That such payments may be made in such pany S. Con. Res. 95 (108th Congress). plemental Appropriations Act for Defense, the amounts as the Secretary of Defense, with the Global War on Terror, and Tsunami Relief Act, RESERVE PERSONNEL, NAVY concurrence of the Secretary of State, and in 2005’’. For an additional amount for ‘‘Reserve Per- consultation with the Director of the Office of SEC. 2. TABLE OF CONTENTS. sonnel, Navy’’, $9,411,000: Provided, That the Management and Budget, may determine, in his The table of contents for this Act is as follows: amount provided under this heading is des- discretion, based on documentation determined

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 0636 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2814 CONGRESSIONAL RECORD — HOUSE May 3, 2005 by the Secretary of Defense to adequately ac- partment of the Army for costs incurred to train, vided further, That assistance authorized by the count for the support provided, and such deter- equip and provide related assistance to Afghan preceding proviso may include the provision of mination is final and conclusive upon the ac- security forces: Provided further, That contribu- facilities, equipment, supplies, services and counting officers of the United States, and 15 tions of funds for the purposes provided herein training, and the Secretary of Defense may days following notification to the appropriate from any person, foreign government, or inter- transfer funds to any Federal agency for the congressional committees: Provided further, national organization may be credited to this purpose of providing such assistance: Provided That the Secretary of Defense shall provide Fund, and used for such purposes: Provided further, That the Secretary of Defense shall, not quarterly reports to the congressional defense further, That the Secretary shall notify the con- fewer than 5 days prior to making transfers committees on the use of funds provided in this gressional defense committees in writing upon from this appropriation, notify the congres- paragraph: Provided further, That the amount the receipt and upon the transfer of any con- sional defense committees in writing of the de- provided under this heading is designated as an tribution delineating the sources and amounts tails of any such transfer: Provided further, emergency requirement pursuant to section 402 of the funds received and the specific use of That the Secretary shall submit a report no later of the conference report to accompany S. Con. such contributions: Provided further, That the than 30 days after the end of each fiscal quarter Res. 95 (108th Congress). Secretary of Defense shall, not fewer than 5 to the congressional defense committees summa- OPERATION AND MAINTENANCE, ARMY RESERVE days prior to making transfers from this appro- rizing the details of the transfer of funds from priation, notify the congressional defense com- For an additional amount for ‘‘Operation and this appropriation: Provided further, That the mittees in writing of the details of any such Maintenance, Army Reserve’’, $26,354,000: Pro- amount provided under this heading is des- transfer: Provided further, That the Secretary vided, That the amount provided under this ignated as an emergency requirement pursuant shall submit a report no later than 30 days after heading is designated as an emergency require- to section 402 of the conference report to accom- the end of each fiscal quarter to the congres- ment pursuant to section 402 of the conference pany S. Con. Res. 95 (108th Congress). sional defense committees summarizing the de- report to accompany S. Con. Res. 95 (108th Con- PROCUREMENT tails of the transfer of funds from this appro- gress). priation: Provided further, That the amount AIRCRAFT PROCUREMENT, ARMY OPERATION AND MAINTENANCE, NAVY RESERVE provided under this heading is designated as an For an additional amount for ‘‘Aircraft Pro- For an additional amount for ‘‘Operation and emergency requirement pursuant to section 402 curement, Army’’, $458,677,000, to remain avail- Maintenance, Navy Reserve’’, $75,164,000: Pro- of the conference report to accompany S. Con. able until September 30, 2007: Provided, That the vided, That the amount provided under this Res. 95 (108th Congress). amount provided under this heading is des- heading is designated as an emergency require- IRAQ SECURITY FORCES FUND ignated as an emergency requirement pursuant to section 402 of the conference report to accom- ment pursuant to section 402 of the conference (INCLUDING TRANSFER OF FUNDS) pany S. Con. Res. 95 (108th Congress). report to accompany S. Con. Res. 95 (108th Con- For the ‘‘Iraq Security Forces Fund’’, gress). $5,700,000,000, to remain available until Sep- MISSILE PROCUREMENT, ARMY OPERATION AND MAINTENANCE, MARINE CORPS tember 30, 2006: Provided, That such funds shall For an additional amount for ‘‘Missile Pro- RESERVE be available to the Secretary of Defense, not- curement, Army’’, $310,250,000, to remain avail- For an additional amount for ‘‘Operation and withstanding any other provision of law, for the able until September 30, 2007: Provided, That the Maintenance, Marine Corps Reserve’’, purpose of allowing the Commander, Multi-Na- amount provided under this heading is des- $24,920,000: Provided, That the amount provided tional Security Transition Command—Iraq, or ignated as an emergency requirement pursuant under this heading is designated as an emer- the Secretary’s designee to provide assistance, to section 402 of the conference report to accom- gency requirement pursuant to section 402 of the with the concurrence of the Secretary of State, pany S. Con. Res. 95 (108th Congress). conference report to accompany S. Con. Res. 95 to the security forces of Iraq including the pro- PROCUREMENT OF WEAPONS AND TRACKED (108th Congress). vision of equipment, supplies, services, training, COMBAT VEHICLES, ARMY facility and infrastructure repair, renovation, OPERATION AND MAINTENANCE, ARMY NATIONAL For an additional amount for ‘‘Procurement and construction, and funding: Provided fur- GUARD of Weapons and Tracked Combat Vehicles, ther, That the authority to provide assistance For an additional amount for ‘‘Operation and Army’’, $2,551,187,000, to remain available until under this section is in addition to any other Maintenance, Army National Guard’’, September 30, 2007: Provided, That the amount authority to provide assistance to foreign na- $326,850,000: Provided, That the amount pro- provided under this heading is designated as an tions: Provided further, That the Secretary of vided under this heading is designated as an emergency requirement pursuant to section 402 Defense may transfer the funds provided herein emergency requirement pursuant to section 402 of the conference report to accompany S. Con. to appropriations for military personnel; oper- of the conference report to accompany S. Con. Res. 95 (108th Congress). ation and maintenance; Overseas Humani- Res. 95 (108th Congress). tarian, Disaster, and Civic Aid; procurement; re- PROCUREMENT OF AMMUNITION, ARMY AFGHANISTAN SECURITY FORCES FUND search, development, test and evaluation; and For an additional amount for ‘‘Procurement (INCLUDING TRANSFER OF FUNDS) defense working capital funds to accomplish the of Ammunition, Army’’, $532,800,000, to remain For the ‘‘Afghanistan Security Forces Fund’’, purposes provided herein: Provided further, available until September 30, 2007: Provided, $1,285,000,000, to remain available until Sep- That this transfer authority is in addition to That the amount provided under this heading is tember 30, 2006: Provided, That such funds shall any other transfer authority available to the designated as an emergency requirement pursu- be available to the Secretary of Defense, not- Department of Defense: Provided further, That ant to section 402 of the conference report to ac- withstanding any other provision of law, for the upon a determination that all or part of the company S. Con. Res. 95 (108th Congress). purpose of allowing the Commander, Combined funds so transferred from this appropriation are OTHER PROCUREMENT, ARMY Forces Command—Afghanistan, or the Sec- not necessary for the purposes provided herein, For an additional amount for ‘‘Other Procure- retary’s designee to provide assistance, with the such amounts may be transferred back to this ment, Army’’, $6,250,505,000, to remain available concurrence of the Secretary of State, to the se- appropriation: Provided further, That of the until September 30, 2007: Provided, That the curity forces of Afghanistan including the pro- amounts provided under this heading, amount provided under this heading is des- vision of equipment, supplies, services, training, $210,000,000 shall be transferred to ‘‘Operation ignated as an emergency requirement pursuant facility and infrastructure repair, renovation, and Maintenance, Army’’ to reimburse the De- to section 402 of the conference report to accom- and construction, and funding: Provided fur- partment of the Army for costs incurred to train, pany S. Con. Res. 95 (108th Congress). ther, That the authority to provide assistance equip, and provide related assistance to Iraqi se- under this section is in addition to any other curity forces: Provided further, That contribu- AIRCRAFT PROCUREMENT, NAVY authority to provide assistance to foreign na- tions of funds for the purposes provided herein For an additional amount for ‘‘Aircraft Pro- tions: Provided further, That the Secretary of from any person, foreign government, or inter- curement, Navy’’, $200,295,000, to remain avail- Defense may transfer the funds provided herein national organization may be credited to this able until September 30, 2007: Provided, That the to appropriations for military personnel; oper- Fund, and used for such purposes: Provided amount provided under this heading is des- ation and maintenance; Overseas Humani- further, That the Secretary shall notify the con- ignated as an emergency requirement pursuant tarian, Disaster, and Civic Aid; procurement; re- gressional defense committees in writing upon to section 402 of the conference report to accom- search, development, test and evaluation; and the receipt and upon the transfer of any con- pany S. Con. Res. 95 (108th Congress). defense working capital funds to accomplish the tribution delineating the sources and amounts WEAPONS PROCUREMENT, NAVY purposes provided herein: Provided further, of the funds received and the specific use of For an additional amount for ‘‘Weapons Pro- That this transfer authority is in addition to such contributions: Provided further, That, not- curement, Navy’’, $66,000,000, to remain avail- any other transfer authority available to the withstanding any other provision of law, from able until September 30, 2007: Provided, That the Department of Defense: Provided further, That funds made available under this heading, amount provided under this heading is des- upon a determination that all or part of the $99,000,000 shall be used to provide assistance to ignated as an emergency requirement pursuant funds so transferred from this appropriation are the Government of Jordan to establish a re- to section 402 of the conference report to accom- not necessary for the purposes provided herein, gional training center designed to provide com- pany S. Con. Res. 95 (108th Congress). such amounts may be transferred back to this prehensive training programs for regional mili- appropriation: Provided further, That of the tary and security forces and military and civil- PROCUREMENT OF AMMUNITION, NAVY AND amounts provided under this heading, ian officials, to enhance the capability of such MARINE CORPS $290,000,000 shall be transferred to ‘‘Operation forces and officials to respond to existing and For an additional amount for ‘‘Procurement and Maintenance, Army’’ to reimburse the De- emerging security threats in the region: Pro- of Ammunition, Navy and Marine Corps’’,

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 0636 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2815 $139,635,000, to remain available until September gency requirement pursuant to section 402 of the and maintenance: Provided, That the amount 30, 2007: Provided, That the amount provided conference report to accompany S. Con. Res. 95 provided under this heading is designated as an under this heading is designated as an emer- (108th Congress). emergency requirement pursuant to section 402 gency requirement pursuant to section 402 of the RESEARCH, DEVELOPMENT, TEST AND of the conference report to accompany S. Con. conference report to accompany S. Con. Res. 95 EVALUATION, DEFENSE-WIDE Res. 95 (108th Congress). (108th Congress). For an additional amount for ‘‘Research, De- MILITARY CONSTRUCTION OTHER PROCUREMENT, NAVY velopment, Test and Evaluation, Defense- MILITARY CONSTRUCTION, ARMY For an additional amount for ‘‘Other Procure- Wide’’, $203,561,000, to remain available until For an additional amount for ‘‘Military Con- ment, Navy’’, $78,397,000, to remain available September 30, 2006: Provided, That the amount struction, Army’’, $847,191,000, to remain avail- until September 30, 2007: Provided, That the provided under this heading is designated as an able until September 30, 2006: Provided, That amount provided under this heading is des- emergency requirement pursuant to section 402 notwithstanding any other provision of law, ignated as an emergency requirement pursuant of the conference report to accompany S. Con. such funds may be obligated or expended to to section 402 of the conference report to accom- Res. 95 (108th Congress). carry out planning and design and military con- pany S. Con. Res. 95 (108th Congress). REVOLVING AND MANAGEMENT FUNDS struction projects not otherwise authorized by PROCUREMENT, MARINE CORPS DEFENSE WORKING CAPITAL FUNDS law: Provided further, That the amount pro- For an additional amount for ‘‘Defense Work- vided under this heading is designated as an For an additional amount for ‘‘Procurement, emergency requirement pursuant to section 402 Marine Corps’’, $3,283,042,000, to remain avail- ing Capital Funds’’, $1,511,300,000: Provided, That the amount provided under this heading is of the conference report to accompany S. Con. able until September 30, 2007: Provided, That the Res. 95 (108th Congress). amount provided under this heading is des- designated as an emergency requirement pursu- MILITARY CONSTRUCTION, NAVY AND MARINE ignated as an emergency requirement pursuant ant to section 402 of the conference report to ac- CORPS to section 402 of the conference report to accom- company S. Con. Res. 95 (108th Congress). pany S. Con. Res. 95 (108th Congress). NATIONAL DEFENSE SEALIFT FUND For an additional amount for ‘‘Military Con- struction, Navy and Marine Corps’’, AIRCRAFT PROCUREMENT, AIR FORCE For an additional amount for ‘‘National De- fense Sealift Fund’’, $32,400,000, to remain $139,880,000, to remain available until September For an additional amount for ‘‘Aircraft Pro- available until expended: Provided, That the 30, 2006: Provided, That notwithstanding any curement, Air Force’’, $277,309,000, to remain amount provided under this heading is des- other provision of law, such funds may be obli- available until September 30, 2007: Provided, ignated as an emergency requirement pursuant gated or expended to carry out planning and de- That the amount provided under this heading is to section 402 of the conference report to accom- sign and military construction projects not oth- designated as an emergency requirement pursu- pany S. Con. Res. 95 (108th Congress). erwise authorized by law: Provided further, ant to section 402 of the conference report to ac- That the amount provided under this heading is RELATED AGENCIES company S. Con. Res. 95 (108th Congress). designated as an emergency requirement pursu- INTELLIGENCE COMMUNITY MANAGEMENT PROCUREMENT OF AMMUNITION, AIR FORCE ant to section 402 of the conference report to ac- ACCOUNT For an additional amount for ‘‘Procurement company S. Con. Res. 95 (108th Congress). For an additional amount for ‘‘Intelligence MILITARY CONSTRUCTION, AIR FORCE of Ammunition, Air Force’’, $6,998,000, to remain Community Management Account’’, For an additional amount for ‘‘Military Con- available until September 30, 2007: Provided, $250,300,000, of which $181,000,000 is to remain struction, Air Force’’, $140,983,000, to remain That the amount provided under this heading is available until September 30, 2006: Provided, available until September 30, 2006: Provided, designated as an emergency requirement pursu- That the amount provided under this heading is That notwithstanding any other provision of ant to section 402 of the conference report to ac- designated as an emergency requirement pursu- law, such funds may be obligated or expended to company S. Con. Res. 95 (108th Congress). ant to section 402 of the conference report to ac- carry out planning and design and military con- OTHER PROCUREMENT, AIR FORCE company S. Con. Res. 95 (108th Congress). struction projects not otherwise authorized by For an additional amount for ‘‘Other Procure- OTHER DEPARTMENT OF DEFENSE law: Provided further, That the amount pro- ment, Air Force’’, $2,577,560,000, to remain PROGRAMS vided under this heading is designated as an available until September 30, 2007: Provided, DRUG INTERDICTION AND COUNTER-DRUG emergency requirement pursuant to section 402 That the amount provided under this heading is ACTIVITIES, DEFENSE of the conference report to accompany S. Con. designated as an emergency requirement pursu- (INCLUDING TRANSFER OF FUNDS) Res. 95 (108th Congress). ant to section 402 of the conference report to ac- For an additional amount for ‘‘Drug Interdic- GENERAL PROVISIONS, THIS TITLE company S. Con. Res. 95 (108th Congress). tion and Counter-Drug Activities, Defense’’, SPECIAL TRANSFER AUTHORITY PROCUREMENT, DEFENSE-WIDE $242,000,000: Provided, That these funds may be (TRANSFER OF FUNDS) used for such activities related to Afghanistan For an additional amount for ‘‘Procurement, SEC. 1001. Upon his determination that such Defense-Wide’’, $645,939,000, to remain available and the Central Asia area: Provided further, action is necessary in the national interest, the until September 30, 2007: Provided, That the That the Secretary of Defense may transfer the Secretary of Defense may transfer between ap- amount provided under this heading is des- funds provided herein only to appropriations for propriations up to $3,000,000,000 of the funds ignated as an emergency requirement pursuant military personnel; operation and maintenance; made available to the Department of Defense in to section 402 of the conference report to accom- and procurement: Provided further, That the this title, except for military construction: Pro- pany S. Con. Res. 95 (108th Congress). funds transferred shall be merged with and be vided, That the Secretary shall notify the Con- RESEARCH, DEVELOPMENT, TEST AND available for the same purposes and for the gress promptly of each transfer made pursuant EVALUATION same time period as the appropriation to which to this authority: Provided further, That the transferred: Provided further, That the transfer RESEARCH, DEVELOPMENT, TEST AND transfer authority provided in this section is in authority provided in this paragraph is in addi- EVALUATION, ARMY addition to any other transfer authority avail- tion to any other transfer authority available to able to the Department of Defense: Provided For an additional amount for ‘‘Research, De- the Department of Defense: Provided further, velopment, Test and Evaluation, Army’’, further, That the authority in this section is That upon a determination that all or part of subject to the same terms and conditions as the $37,170,000, to remain available until September the funds transferred from this appropriation 30, 2006: Provided, That the amount provided authority provided in section 8005 of the Depart- are not necessary for the purposes provided ment of Defense Appropriations Act, 2005, ex- under this heading is designated as an emer- herein, such amounts may be transferred back gency requirement pursuant to section 402 of the cept for the fourth proviso: Provided further, to this appropriation: Provided further, That That the amount made available by the transfer conference report to accompany S. Con. Res. 95 not to exceed $70,000,000 of the funds provided (108th Congress). of funds in or pursuant to this section is des- herein may be used to reimburse fully this ac- ignated as an emergency requirement pursuant RESEARCH, DEVELOPMENT, TEST AND count for obligations incurred for the purposes to section 402 of the conference report to accom- EVALUATION, NAVY provided under this heading prior to enactment pany S. Con. Res. 95 (108th Congress). For an additional amount for ‘‘Research, De- of this Act: Provided further, That the amount GENERAL TRANSFER AUTHORITY provided under this heading is designated as an velopment, Test and Evaluation, Navy’’, (TRANSFER OF FUNDS) $204,051,000, to remain available until September emergency requirement pursuant to section 402 SEC. 1002. Section 8005 of the Department of of the conference report to accompany S. Con. 30, 2006: Provided, That the amount provided Defense Appropriations Act, 2005 (Public Law Res. 95 (108th Congress). under this heading is designated as an emer- 108–287; 118 Stat. 969), is amended by striking gency requirement pursuant to section 402 of the OFFICE OF THE INSPECTOR GENERAL ‘‘$3,500,000,000’’ and inserting in lieu thereof conference report to accompany S. Con. Res. 95 For an additional amount for ‘‘Office of the ‘‘$6,185,000,000’’: Provided, That the amount (108th Congress). Inspector General’’, $148,000: Provided, That the made available by the transfer of funds in or RESEARCH, DEVELOPMENT, TEST AND amount provided under this heading is des- pursuant to this section is designated as an EVALUATION, AIR FORCE ignated as an emergency requirement pursuant emergency requirement pursuant to section 402 For an additional amount for ‘‘Research, De- to section 402 of the conference report to accom- of the conference report to accompany S. Con. velopment, Test and Evaluation, Air Force’’, pany S. Con. Res. 95 (108th Congress). Res. 95 (108th Congress). $142,500,000, to remain available until September DEFENSE HEALTH PROGRAM COUNTER-DRUG ACTIVITIES 30, 2006: Provided, That the amount provided For an additional amount for ‘‘Defense SEC. 1003. (a) AUTHORITY TO PROVIDE SUP- under this heading is designated as an emer- Health Program’’, $210,550,000 for Operation PORT.—Of the amount appropriated by this Act

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 0636 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2816 CONGRESSIONAL RECORD — HOUSE May 3, 2005 under the heading, ‘‘Drug Interdiction and (2) an operation in response to a declared Secretary designates, in writing, as a combat op- Counter-Drug Activities, Defense’’, not to ex- emergency. eration or a zone of combat, respectively, for ceed $34,000,000 may be made available for sup- (b) To the extent that a waiver under sub- purposes of this subsection. port for counter-drug activities of the Govern- section (a) results in payment of additional pre- ‘‘(B) Any member who formerly served in an ment of Afghanistan, and not to exceed mium pay of a type that is normally creditable operation or area so designated and whose $4,000,000 may be made available for support for as basic pay for retirement or any other pur- death is determined (under regulations pre- counter-drug activities of the Government of pose, such additional pay shall not be consid- scribed by the Secretary of Defense) to be the di- Pakistan: Provided, That such support shall be ered to be basic pay for any purpose, nor shall rect result of injury or illness incurred or aggra- in addition to support provided for the counter- it be used in computing a lump-sum payment for vated while so serving. drug activities of said Governments under any accumulated and accrued annual leave under ‘‘(2) The additional amount of insurance other provision of the law. section 5551 of title 5, United States Code. under this subchapter that is provided for a (b) TYPES OF SUPPORT.—(1) Except as speci- (c) The Director of the Office of Personnel member by this subsection is $150,000, except fied in subsections (b)(2) and (b)(3) of this sec- Management may issue regulations to ensure that in a case in which the amount provided for tion, the support that may be provided under appropriate consistency among heads of execu- or elected by the member under subsection the authority in this section shall be limited to tive agencies in the exercise of authority grant- (a)(3)(A)(i)(I) exceeds $250,000, the additional the types of support specified in section ed by this section. amount of insurance under this subchapter that 1033(c)(1) of the National Defense Authorization OFFICE OF THE DIRECTOR OF NATIONAL is provided for the member by this subsection Act for Fiscal Year 1998 (Public Law 105–85, as INTELLIGENCE shall be reduced to such amount as is necessary amended by Public Law 106–398 and Public Law SEC. 1009. Section 1096(b) of the Intelligence to comply with the limitation in paragraph (3). 108–136) and conditions on the provision of sup- Reform and Terrorism Prevention Act of 2004 ‘‘(3) The total amount of insurance payable port as contained in section 1033 shall apply for (Public Law 108–458), is amended— for a member under this subchapter may not ex- fiscal year 2005. (1) by striking ‘‘in the fiscal year after the ef- ceed $400,000. (2) The Secretary of Defense may transfer ve- fective date of this Act’’ and inserting in lieu ‘‘(4) While a member is serving in an operation hicles, aircraft, and detection, interception, thereof ‘‘in the fiscal years 2005 and 2006’’; and or area designated as described in paragraph monitoring and testing equipment to said Gov- (2) in paragraph (1) by striking ‘‘500 new per- (1), the cost of insurance of the member under ernments for counter-drug activities. sonnel billets’’ and inserting in lieu thereof ‘‘the this subchapter that is attributable to $150,000 of (3) For the Government of Afghanistan, the total of 500 new personnel positions’’. insurance coverage shall, at the election of the Secretary concerned— Secretary of Defense may also provide indi- COALITION LIAISON OFFICERS ‘‘(A) be contributed as provided in section vidual and crew-served weapons, and ammuni- SEC. 1010. Section 1051a(e) of title 10, United tion for counter-drug security forces. 1969(b)(2) of this title, rather through deduction States Code, is amended by striking ‘‘September or withholding from the member’s pay; or EXTRAORDINARY AND EMERGENCY EXPENSES 30, 2005’’ and inserting ‘‘December 31, 2005’’. ‘‘(B) if deducted or withheld from the mem- SEC. 1004. The paragraph under the heading RESERVE AFFILIATION BONUS ber’s pay, be reimbursed to the member through ‘‘Operation and Maintenance, Defense-Wide’’ SEC. 1011. Notwithstanding subsection (c) of such mechanism as the Secretary concerned de- in title II of the Department of Defense Appro- section 308e of title 37, United States Code, the termines appropriate.’’. priations Act, 2005 (Public Law 108–287; 118 maximum amount of the bonus paid to a member (2) FUNDING.—Section 1969(b) of such title is Stat. 954), is amended in the first proviso by of the Armed Forces pursuant to a reserve affili- amended— striking ‘‘$32,000,000’’ and inserting ation agreement entered into under such section (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ‘‘$40,000,000’’. during fiscal year 2005 shall not exceed $10,000, (B) by adding at the end the following new ADVANCE BILLING and the Secretary of Defense and the Secretary paragraph: SEC. 1005. For fiscal year 2005, the limitation of Homeland Security, with respect to the Coast ‘‘(2) For each month for which a member in- under paragraph (3) of section 2208(l) of title 10, Guard, may prescribe regulations under sub- sured under this subchapter is serving in an op- United States Code, on the total amount of ad- section (f) of such section to modify the method eration or area designated as described by para- vance billings rendered or imposed for all work- by which bonus payments are made under re- graph (1)(A) of section 1967(e) of this title, there ing capital funds of the Department of Defense serve affiliation agreements entered into during may, at the election of the Secretary concerned in a fiscal year shall be applied by substituting such fiscal year. under paragraph (4)(A) of such section, be con- ‘‘$1,500,000,000’’ for ‘‘$1,000,000,000’’. SERVICEMEMBERS’ GROUP LIFE INSURANCE tributed from the appropriation made for active duty pay of the uniformed service concerned an COMMANDER’S EMERGENCY RESPONSE PROGRAM SEC. 1012. (a) INCREASED MAXIMUM AMOUNT amount determined by the Secretary and cer- OF SERVICEMBERS’ GROUP LIFE INSURANCE.— SEC. 1006. Section 1201(a) of the Ronald W. tified to the Secretary concerned to be the cost Section 1967 of title 38, United States Code, is Reagan National Defense Authorization Act for of Servicemembers’ Group Life Insurance which Fiscal Year 2005 (Public Law 108–375; 118 Stat. amended— (1) in subsection (a)(3)(A), by striking clause is traceable to the cost of providing insurance 2077), as amended by section 102 of title I of di- for the member under section 1967 of this title in vision J of the Consolidated Appropriations Act, (i) and inserting the following new clause: ‘‘(i) In the case of a member— the amount of $150,000.’’. 2005 (Public Law 108–447), is further amended (d) CONFORMING AMENDMENT.—Section ‘‘(I) $400,000 or such lesser amount as the by striking ‘‘$500,000,000’’ in the matter pre- 1967(a)(2)(A) of such title is amended by insert- member may elect as provided in subparagraph ceding paragraph (1) and inserting ing before the period at the end the following: ‘‘, (B); ‘‘$854,000,000’’: Provided, That from funds avail- except with respect to insurance provided under ‘‘(II) in the case of a member covered by sub- able for the Commander’s Emergency Response paragraph (3)(A)(i)(III)’’. section (e), the amount provided for or elected Program for fiscal year 2005, not to exceed (e) COORDINATION WITH VGLI.—Section by the member under subclause (I) plus the ad- $10,000,000 may be used to purchase weapons 1977(a) of such title is amended— from any person, foreign government, inter- ditional amount of insurance provided for the (1) by striking ‘‘$250,000’’ each place it ap- national organization or other entity for the member by subsection (e); or pears and inserting ‘‘$400,000’’; and purpose of protecting United States forces over- ‘‘(III) in the case of a member covered by sub- (2) by adding at the end of paragraph (1) the seas, and to dispose of the weapons purchased: section (e) who has made an election under following new sentence: ‘‘Any additional Provided further, That the Secretary of Defense paragraph (2)(A) not to be insured under this amount of insurance provided a member under shall submit to the congressional defense com- subchapter, the amount of insurance provided section 1967(e) of this title may not be treated as mittees quarterly reports regarding the purchase for the member by subsection (e).’’; and an amount for which Veterans’ Group Life In- and disposal of weapons under this subsection. (2) in subsection (d), by striking ‘‘$250,000’’ surance shall be issued under this section.’’. and inserting ‘‘$400,000’’. CLASSIFIED PROGRAM (f) REQUIREMENTS REGARDING ELECTIONS OF (b) INCREMENTS OF DECREASED AMOUNTS SEC. 1007. Section 8090(b) of the Department of MEMBERS TO REDUCE OR DECLINE INSURANCE.— ELECTABLE BY MEMBERS.—Subsection (a)(3)(B) Defense Appropriations Act, 2005 (Public Law Section 1967(a) of such title is further amend- of such section is amended by striking ‘‘member ed— 108–287), is amended by striking ‘‘$185,000,000’’ or spouse’’ in the last sentence and inserting and inserting ‘‘$210,000,000’’. (1) in paragraph (2), by adding at the end the ‘‘member, be evenly divisible by $50,000 and, in following new subparagraph: LIMITATION ON CIVILIAN COMPENSATION the case of a member’s spouse’’. ‘‘(C) Pursuant to regulations prescribed by the SEC. 1008. (a) During calendar year 2005 and (c) ADDITIONAL AMOUNT FOR MEMBERS SERV- Secretary of Defense, notice of an election of a notwithstanding section 5547 of title 5, United ING IN CERTAIN AREAS OR OPERATIONS.— member with a spouse not to be insured under States Code, the head of an Executive agency (1) INCREASED AMOUNT.—Section 1967 of such this subchapter, or to be insured under this sub- may waive the limitation, up to $200,000, estab- title is further amended— chapter in an amount less than the maximum lished in that section for total compensation, in- (A) by redesignating subsection (e) as sub- amount provided under paragraph (3)(A)(i)(I), cluding limitations on the aggregate of basic section (f); and shall be provided to the spouse of the member.’’; pay and premium pay payable in a calendar (B) by inserting after subsection (d) the fol- and year, to an employee who performs work while lowing new subsection (e): (2) in paragraph (3)— in an overseas location that is in the area of re- ‘‘(e)(1) A member covered by this subsection is (A) in the matter preceding clause (i), by sponsibility of the Commander of the U.S. Cen- any member as follows: striking ‘‘and (C)’’ and inserting ‘‘, (C), and tral Command, in support of, or related to— ‘‘(A) Any member who dies as a result of one (D)’’; and (1) a military operation, including a contin- or more wounds, injuries, or illnesses incurred (B) by adding at the end the following new gency operation; or while serving in an operation or area that the subparagraphs:

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 0636 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2817 ‘‘(D) A member with a spouse may not elect ‘‘(3) The amount of additional death gratuity notwithstanding paragraph (1), remain payable not to be insured under this subchapter, or to be payable under this subsection shall be $238,000, after that date until paid. insured under this subchapter in an amount less of which— INTELLIGENCE ACTIVITIES AUTHORIZATION than the maximum amount provided under sub- ‘‘(A) $150,000 shall be paid in the manner SEC. 1014. Funds appropriated in this title, or paragraph (A)(i)(I), without the written consent specified in paragraph (4); and made available by the transfer of funds in or of the spouse. ‘‘(B) $88,000 shall be paid in the manner speci- pursuant to this title, for intelligence activities ‘‘(E) Whenever a member who is not married fied in paragraph (5). are deemed to be specifically authorized by the elects not to be insured under this subchapter, ‘‘(4) A payment pursuant to paragraph (3)(A) Congress for purposes of section 504 of the Na- or to be insured under this subchapter in an by reason of a death covered by this subsection tional Security Act of 1947 (50 U.S.C. 414). amount less than the maximum amount pro- shall be paid— PROHIBITION OF NEW START PROGRAMS vided for under subparagraph (A)(i)(I), the Sec- ‘‘(A) to a beneficiary in proportion to the SEC. 1015. (a) None of the funds provided in retary concerned shall provide a notice of such share of benefits applicable to such beneficiary this title may be used to finance programs or ac- election to any person designated by the member in the payment of life insurance proceeds paid tivities denied by Congress in fiscal year 2004 as a beneficiary or designated as the member’s on the basis of that death under the and 2005 appropriations to the Department of next-of-kin for the purpose of emergency notifi- Servicemembers Group Life Insurance program Defense or to initiate a procurement or research, cation, as determined under regulations pre- under subchapter III of chapter 19 of title 38; or development, test and evaluation new start pro- scribed by the Secretary of Defense.’’. ‘‘(B) in the case of a person who elected not gram without prior written notification to the (g) REQUIREMENT REGARDING REDESIGNATION to be insured under the provisions of that sub- congressional defense committees. OF BENEFICIARIES.—Section 1970 of such title is chapter, in equal shares to the person or persons (b) Notwithstanding subsection (a) of this sec- amended by adding at the end the following who would have received proceeds under those tion, the Department of the Army may use funds new subsection: provisions of law for a member who is insured made available in this Act under the heading, ‘‘(j) A member with a spouse may not modify under that subchapter but does not designate ‘‘Procurement of Ammunition, Army’’ to procure the beneficiary or beneficiaries designated by named beneficiaries. ammunition and accessories therefor that have the member under subsection (a) without pro- ‘‘(5) A payment pursuant to paragraph (3)(B) a standard-type classification, under Army reg- viding written notice of such modification to the by reason of a death covered by this subsection ulations pertaining to the acceptability of mate- spouse.’’. shall be paid equal shares to the beneficiaries riel for use, and that are the same as other am- (h) EFFECTIVE DATE.—This section and the who were paid the death gratuity that was paid munition and accessories therefor that have amendments made by this section shall take ef- with respect to that death under this section.’’. been procured with funds made available under fect on the first day of the first month that be- (c) PAYMENT OF DEATH GRATUITY FOR CER- such heading in past appropriations Acts for the gins more than 90 days after the date of the en- TAIN OTHER DEATHS FROM COMBAT-RELATED Department of Defense, only for 25 mm high ex- actment of this Act. CAUSES OR CAUSES INCURRED IN COMBAT plosive rounds for M2 Bradley Fighting Vehi- (i) TERMINATION.—The amendments made by OPERATIONS OR AREAS.—Such section is cles, 120 mm multi-purpose anti-tank and obsta- this section shall terminate on September 30, further amended by adding at the end the cle reduction rounds for M1 Abrams tanks, L410 2005. Effective on October 1, 2005, the provisions following new subsection: aircraft countermeasure flares, 81 mm mortar red of sections 1967, 1969, 1970, and 1977 of title 38, ‘‘(f)(1) In the case of a person described in phosphorous smoke rounds, MD73 impulse car- United States Code, as in effect on the day be- paragraph (2), a death gratuity shall be payable tridge for aircraft flares, and 20 mm high explo- fore the date of the enactment of this Act shall in accordance with this subsection for the death sive rounds for C–RAM, whose stocks have been be revived. of such person that is in addition to the death depleted and must be replenished for continuing DEATH GRATUITY gratuity payable in the case of such death operations of the Department of the Army. SEC. 1013. (a) INCREASE IN DEATH GRATUITY.— under subsection (e). CHEMICAL WEAPONS DEMILITARIZATION (1) AMOUNT.—Section 1478 of title 10, United ‘‘(2) This subsection applies in the case of a SEC. 1016. (a)(1) Notwithstanding section 917 States Code, is amended— member of the armed forces who dies during the of Public Law 97–86, as amended, of the funds (A) in subsection (a), by inserting ‘‘, except as period beginning on the date of the enactment appropriated or otherwise made available by the provided in subsections (c), (e), and (f)’’ after of this subsection and ending on the first day of Department of Defense Appropriations Act, 2005 ‘‘$12,000’’; the first month that begins more than 90 days (Public Law 108–287), the Military Construction (B) by redesignating subsection (c) as sub- after such date of one or more wounds, injuries, Appropriations and Emergency Hurricane Sup- section (d); and or illnesses that— plemental Appropriations Act, 2005 (Public Law (C) by inserting after subsection (b) the fol- ‘‘(A) are incurred in the theater of operations 108–324), and other Acts for the purpose of the lowing new subsection (c): of Operation Enduring Freedom or Operation destruction of the United States stockpile of le- ‘‘(c) The death gratuity payable under sec- Iraqi Freedom; or thal chemical agents and munitions at Blue tions 1475 through 1477 of this title is $100,000 in ‘‘(B) are incurred as described in section Grass Army Depot, Kentucky, and Pueblo the case of a death resulting from wounds, inju- 1413a(e)(2) of this title. Chemical Depot, Colorado, the unobligated bal- ries, or illnesses that are— ‘‘(3) The amount of additional death gratuity ance as of the date of enactment of this Act, ‘‘(1) incurred as described in section payable under this subsection shall be $150,000. shall remain available for obligation solely for 1413a(e)(2) of this title; or ‘‘(4) A payment pursuant to paragraph (3) by such purpose and shall be made available not ‘‘(2) incurred in an operation or area des- reason of a death covered by this subsection later than 30 days after the date of the enact- ignated as a combat operation or a combat zone, shall be paid— ment of this Act to the Program Manager for As- respectively, by the Secretary of Defense under ‘‘(A) to a beneficiary in proportion to the sembled Chemical Weapons Alternatives for ac- section 1967(e)(1)(A) of title 38.’’. share of benefits applicable to such beneficiary tivities related to such purpose at Blue Grass (2) CONFORMING AMENDMENT.—Subsection (a) in the payment of life insurance proceeds pay- Army Depot, Kentucky, and Pueblo Chemical of such section, as amended by paragraph (1), is able on the basis of that death under the Depot, Colorado. further amended by striking ‘‘(as adjusted Servicemembers Group Life Insurance program (2) Of the funds made available under para- under subsection (c))’’ and inserting ‘‘(as ad- under subchapter III of chapter 19 of title 38; or graph (a)(1), not less than $100,000,000 shall be justed under subsection (d))’’. ‘‘(B) in the case of a person who elected not obligated not later than 120 days after the date (b) RETROACTIVE PAYMENT OF DEATH GRA- to be insured under the provisions of that sub- of the enactment of this Act. TUITY FOR DEATHS AFTER OCTOBER 7, 2001, chapter, in equal shares to the person or persons (b)(1) Notwithstanding section 917 of Public FROM COMBAT-RELATED CAUSES OR CAUSES IN- who receive proceeds under those provisions of Law 97–86, as amended, none of the funds ap- CURRED IN COMBAT OPERATIONS OR AREAS.— law for a member who is insured under that sub- propriated or otherwise made available by the Such section is further amended by adding at chapter but does not designate named bene- Department of Defense Appropriations Act, the end the following new subsection: ficiaries.’’. 2005, the Military Construction Appropriations ‘‘(e)(1) In the case of a person described in (d) EFFECTIVE DATE.—This section and the and Emergency Hurricane Supplemental Appro- paragraph (2), a death gratuity shall be payable amendments made by this section shall take ef- priations Act, 2005, and other Acts for the pur- in accordance with this subsection for the death fect on the date of the enactment of this Act. pose of the destruction of the United States of such person that is in addition to the death (e) TERMINATION.— stockpile of lethal chemical agents and muni- gratuity payable in the case of such death (1) IN GENERAL.—This section and the amend- tions at Blue Grass Army Depot, Kentucky, and under subsection (a). ment made by this subsection shall terminate on Pueblo Chemical Depot, Colorado, may be ‘‘(2) This subsection applies in the case of a September 30, 2005. Effective as of October 1, deobligated, transferred, or reprogrammed out of member of the armed forces who dies before the 2005, the provisions of section 1478 of title 10, the Assembled Chemical Weapons Alternatives date of the enactment of this subsection as a di- United States Code, as in effect on the date be- Program. rect result of one or more wounds, injuries, or fore the date of the enactment of this Act shall (2) The amount appropriated or otherwise illnesses that— be revived. made available by the Department of Defense ‘‘(A) were incurred in the theater of oper- (2) CONTINUING OBLIGATION TO PAY.—Any Appropriations Act, 2005, the Military Construc- ations of Operation Enduring Freedom or Oper- amount of additional death gratuity payable tion Appropriations and Emergency Hurricane ation Iraqi Freedom; or under section 1478 of title 10, United States Supplemental Appropriations Act, 2005, and ‘‘(B) were incurred as described in section Code, by reason of the amendments made by other Acts for the purpose of the destruction of 1413a(e)(2) of this title on or after October 7, subsections (b) and (c) of this section that re- the United States stockpile of lethal chemical 2001. mains payable as of September 30, 2005, shall, agents and munitions at Blue Grass Army

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Depot, Kentucky, and Pueblo Chemical Depot, INDUSTRIAL MOBILIZATION CAPACITY was adopted by the Senate on March 17, 2005, a Colorado, is $813,440,000. SEC. 1021. Of the amounts appropriated or reserve fund of $50,000,000,000 for overseas con- (c) No funds appropriated or otherwise made otherwise made available by the Department of tingency operations, but the determination of available to the Secretary of Defense under this Defense Appropriations Act, 2005, $12,500,000 that amount could not take into account any Act or any other Act may be obligated or ex- shall be available only for industrial mobiliza- Administration estimate on the projected cost of pended to finance directly or indirectly any tion capacity at Rock Island Arsenal. such operations in fiscal year 2006. study related to the transportation of chemical BASIC ALLOWANCE FOR HOUSING FOR DEPENDENTS (5) In February 2005, the Congressional Budg- weapons across State lines. SEC. 1022. (a) Section 403(l) of title 37, United et Office estimated that fiscal year 2006 costs for PHILADELPHIA REGIONAL PORT AUTHORITY States Code, is amended by striking ‘‘180 days’’ ongoing military operations in Iraq and Afghan- SEC. 1017. Section 115 of division H of Public each place it appears and inserting ‘‘365 days’’. istan could total $65,000,000,000. Law 108–199 is amended by striking all after (b) TERMINATION.—The amendment made by (b) SENSE OF SENATE.—It is the sense of the ‘‘made available’’ and substituting ‘‘, notwith- this section shall terminate on September 30, Senate that— standing section 2218(c)(1) of title 10, United 2005. Effective on October 1, 2005, the provisions (1) any request for funds for a fiscal year States Code, for a grant to Philadelphia Re- of section 403(l) of title 37, United States Code, after fiscal year 2006 for an ongoing military op- gional Port Authority, to be used solely for the as in effect on the date before the date of the eration overseas, including operations in Af- purpose of construction, by and for a Philadel- enactment of this Act shall be revived. ghanistan and Iraq, should be included in the phia-based company established to operate PROHIBITION ON CHARGES FOR MEALS annual budget of the President for such fiscal high-speed, advanced-design vessels for the SEC. 1023. (a) PROHIBITION.—A member of the year as submitted to Congress under section transport of high-value, time-sensitive cargoes Armed Forces entitled to a basic allowance for 1105(a) of title 31, United States Code; in the foreign commerce of the United States, of subsistence under section 402 of title 37, United (2) the President should submit to Congress, a marine cargo terminal and IT network for States Code, who is undergoing medical recuper- not later than September 1, 2005, an amendment high-speed commercial vessels that is capable of ation or therapy, or is otherwise in the status of to the budget of the President for fiscal year supporting military sealift requirements.’’: Pro- continuous care, including outpatient care, at a 2006 that was submitted to Congress under sec- vided, That of the funds provided in Public Law military treatment facility for an injury, illness, tion 1105(a) of title 31, United States Code, set- 108–287 under the heading ‘‘Operation and or disease incurred or aggravated while on ac- ting forth detailed cost estimates for ongoing Maintenance, Army’’ for Woody Island and His- tive duty in the Armed Forces in Operation military operations overseas during such fiscal toric Structure, $1,000,000 shall be made avail- Iraqi Freedom or Operation Enduring Freedom year; and able in the form of a grant for these purposes. shall not, during any month in which so enti- (3) any funds provided for a fiscal year for LPD–17 COST ADJUSTMENT tled, be required to pay any charge for meals ongoing military operations overseas should be provided such member by the military treatment provided in appropriations Acts for such fiscal (TRANSFER OF FUNDS) facility. year through appropriations to specific accounts SEC. 1018. Upon enactment of this Act, the (b) EFFECTIVE DATE.—The limitation in para- set forth in such appropriations Acts. Secretary of Defense shall make the following graph (a) shall take effect upon enactment of (c) ADDITIONAL REQUIREMENTS FOR CERTAIN transfer of funds: Provided, That funds so this Act, and shall apply with respect to meals REPORTS.—(1) Each semiannual report to Con- transferred shall be merged with and shall be provided members of the Armed Forces as de- gress required under a provision of law referred available for the same purpose and for the same scribed in that paragraph on or after that date. to in paragraph (2) shall include, in addition to time period as the appropriation to which trans- (c) TERMINATION.—The amendment made by the matters specified in the applicable provision ferred: Provided further, That the amounts shall this section shall terminate on September 30, of law, the following: be transferred between the following appropria- 2005. Effective on October 1, 2005, the provisions (A) A statement of the cumulative total of all tions in the amounts specified: of section 402 of title 37, United States Code, as amounts obligated, and of all amounts ex- From: in effect on the date before the date of the en- pended, as of the date of such report for Oper- Under the heading, ‘‘Shipbuilding and Con- actment of this Act shall be revived. ation Enduring Freedom. version, Navy, 2005/2009’’: REQUESTS FOR FUTURE FUNDING FOR MILITARY (B) A statement of the cumulative total of all LCU (X), $19,000,000; OPERATIONS IN AFGHANISTAN AND IRAQ amounts obligated, and of all amounts ex- To: SEC. 1024. (a) FINDINGS.—The Senate makes pended, as of the date of such report for Oper- Under the heading, ‘‘Shipbuilding and Con- the following findings: ation Iraqi Freedom. version, Navy, 1996/2008’’: (1) The Department of Defense Appropriations (C) An estimate of the reasonably foreseeable LPD–17, $19,000,000: Act, 2004 (Public Law 108–87) and the Depart- costs for ongoing military operations to be in- Provided further, That the amount made avail- ment of Defense Appropriations Act, 2005 (Pub- curred during the 12-month period beginning on able by the transfer of funds in or pursuant to lic Law 108–287) each contain a sense of the the date of such report. this section is designated as an emergency re- Senate provision urging the President to provide (2) The provisions of law referred to in this quirement pursuant to section 402 of the con- in the annual budget requests of the President paragraph are as follows: ference report to accompany S. Con. Res. 95 for a fiscal year under section 1105(a) of title 31, (A) Section 1120 of the Emergency Supple- (108th Congress). United States Code, an estimate of the cost of mental Appropriations Act for Defense and for PROHIBITION ON COMPETITION OF THE NEXT ongoing military operations in Iraq and Afghan- the Reconstruction of Iraq and Afghanistan, GENERATION DESTROYER (DD(X)) istan in such fiscal year. 2004 (Public Law 108–106; 117 Stat. 1219; 10 SEC. 1019. (a) No funds appropriated or other- (2) The budget for fiscal year 2006 submitted U.S.C. 113 note). wise made available by this Act, or by prior to Congress by the President on February 7, (B) Section 9010 of the Department of Defense Acts, may be obligated or expended to prepare 2005, requests no funds for fiscal year 2006 for Appropriations Act, 2005 (Public Law 108–287; for, conduct, or implement a strategy for the ac- ongoing military operations in Iraq or Afghani- 118 Stat. 1008; 10 U.S.C. 113 note). quisition of the next generation destroyer stan. AIRCRAFT CARRIERS OF THE NAVY (3) According to the Congressional Research (DD(X)) program through a winner-take-all SEC. 1025. (a) FUNDING FOR REPAIR AND MAIN- Service, there exists historical precedent for in- strategy. TENANCE OF U.S.S. JOHN F. KENNEDY.—Of the cluding the cost of ongoing military operations (b) WINNER-TAKE-ALL STRATEGY DEFINED.—In amount appropriated to the Department of the in the annual budget requests of the President this section, the term ‘‘winner-take-all strat- Navy in this Act, necessary funding will be following initial funding for such operations by egy’’, with respect to the acquisition of destroy- made available for such repair and maintenance emergency or supplemental appropriations Acts, ers under the next generation destroyer pro- of the U.S.S. John F. Kennedy as the Navy con- including— gram, means the acquisition (including design siders appropriate to extend the life of U.S.S. (A) funds for Operation Noble Eagle, begin- and construction) of such destroyers through a John F. Kennedy. ning in the budget request of President George single shipyard. (b) LIMITATION ON REDUCTION IN NUMBER OF W. Bush for fiscal year 2005; CIVILIAN PAY (B) funds for operations in Kosovo, beginning ACTIVE AIRCRAFT CARRIERS.—No funds appro- SEC. 1020. None of the funds appropriated to in the budget request of President George W. priated or otherwise made available in this Act the Department of Defense by this Act or any Bush for fiscal year 2001; may be obligated or expended to reduce the other Act for fiscal year 2005 or any other fiscal (C) funds for operations in Bosnia, beginning number of active aircraft carriers of the Navy year may be expended for any pay raise granted in budget request of President Clinton for fiscal below 12 active aircraft carriers until after the on or after January 1, 2005 that is implemented year 1997; date of the submittal to Congress of the quad- in a manner that provides a greater increase for (D) funds for operations in Southwest Asia, rennial defense review required in 2005 under non-career employees than for career employees beginning in the budget request of President section 118 of title 10, United States Code. on the basis of their status as career or non-ca- Clinton for fiscal year 1997; (c) ACTIVE AIRCRAFT CARRIERS.—For purposes reer employees, unless specifically authorized by (E) funds for operations in Vietnam, begin- of this section, an active aircraft carrier of the law: Provided, That this provision shall be im- ning in the budget request of President Johnson Navy includes an aircraft carrier that is tempo- plemented for fiscal year 2005 without regard to for fiscal year 1966; and rarily unavailable for worldwide deployment the requirements of section 5383 of title 5, United (F) funds for World War II, beginning in the due to routing or scheduled maintenance. States Code: Provided further, That no employee budget request of President Roosevelt for fiscal (d) PACIFIC FLEET AUTHORITIES.—None of the of the Department of Defense shall have his or year 1943. funds available to the Department of the Navy her pay reduced for the purpose of complying (4) The Senate has included in its version of may be obligated to modify command and con- with the requirements of this provision. the fiscal year 2006 budget resolution, which trol relationships to give Fleet Forces Command

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administrative and operational control of U.S. PROHIBITION ON TERMINATION OF MULTIYEAR PROHIBITION ON TORTURE AND CRUEL, INHUMAN, Navy forces assigned to the Pacific fleet: Pro- PROCUREMENT CONTRACT FOR C/KC–130J AIRCRAFT OR DEGRADING TREATMENT vided, That the command and control relation- SEC. 1027. No funds in this Act may be obli- SEC. 1031. (a)(1) None of the funds appro- ships which existed on October 1, 2004 shall re- gated or expended to terminate the joint service priated or otherwise made available by this Act main in force unless changes are specifically au- multiyear procurement contract for C/KC–130J shall be obligated or expended to subject any thorized in a subsequent act. aircraft that is in effect on the date of the en- person in the custody or under the physical con- TRAVEL FOR FAMILY OF HOSPITALIZED actment of this Act. trol of the United States to torture or cruel, in- SERVICEMEMBERS PURPLE HEART COMMENDATIONS human, or degrading treatment or punishment that is prohibited by the Constitution, laws, or SEC. 1026. (a) AUTHORITY.—Subsection (a) of SEC. 1028. None of the funds in this Act or section 411h of title 37, United States Code, is prior Acts may be used to revoke Purple Heart treaties of the United States. (2) Nothing in this section shall affect the sta- amended— commendations awarded to members of the tus of any person under the Geneva Conven- (1) in paragraph (2)— Armed Forces who have served in Operation tions or whether any person is entitled to the (A) by inserting ‘‘and’’ at the end of subpara- Iraqi Freedom or Operation Enduring Freedom: protections of the Geneva Conventions. graph (A); and Provided, That the Secretary of any military de- (B) by striking subparagraphs (B) and (C) (b) As used in this section— partment may, on a case-by-case basis, waive (1) the term ‘‘torture’’ has the meaning given and inserting the following new subparagraph: this provision fifteen days after notifying the that term in section 2340(1) of title 18, United ‘‘(B) either— congressional defense committees of their intent ‘‘(i) is seriously ill, seriously injured, or in a States Code; and to revoke an individual’s Purple Heart com- (2) the term ‘‘cruel, inhuman, or degrading situation of imminent death (whether or not mendation. treatment or punishment’’ means the cruel, un- electrical brain activity still exists or brain VIRTUAL TRAINING COCKPIT OPTIMIZATION usual, and inhumane treatment or punishment death is declared), and is hospitalized in a med- PROGRAM prohibited by the fifth amendment, eighth ical facility in or outside the United States; or amendment, or fourteenth amendment to the ‘‘(ii) is not described in clause (i), but has an (TRANSFER OF FUNDS) Constitution of the United States. injury incurred in an operation or area des- SEC. 1029. Upon enactment of this Act, the TRAUMATIC INJURY PROTECTION ignated as a combat operation or combat zone, Secretary of Defense shall make the following SEC. 1032. TRAUMATIC INJURY PROTECTION. (a) respectively, by the Secretary of Defense under transfer of funds: Provided, That funds so IN GENERAL.—Subchapter III of chapter 19, section 1967(e)(1)(A) of title 38 and is hospital- transferred shall be merged with and shall be available for the same purpose and for the same Title 38, United States Code, is amended— ized in a medical facility in the United States (1) in section 1965, by adding at the end the time period as the appropriation to which trans- for treatment of that injury.’’; and following: (2) by adding at the end the following new ferred: Provided further, That the authority ‘‘(11) The term ‘activities of daily living’ paragraph: provided in this section is in addition to any means the inability to independently perform 2 ‘‘(3) Not more than one roundtrip may be pro- other transfer authority available to the Depart- of the 6 following functions: vided to a family member under paragraph (1) ment of Defense: Provided further, That the ‘‘(A) Bathing. on the basis of clause (ii) of paragraph (2)(B).’’. amounts shall be transferred between the fol- ‘‘(B) Continence. (b) CONFORMING AMENDMENTS.— lowing appropriations in the amounts specified: ‘‘(C) Dressing. (1) HEADING FOR AMENDED SECTION.—The From: ‘‘(D) Eating. heading for section 411h of such title is amended Under the heading, ‘‘Aircraft Procurement, ‘‘(E) Toileting. to read as follows: Army, 2004/2006’’, $2,000,000; ‘‘(F) Transferring.’’; and (2) by adding at the end the following: ‘‘§ 411h. Travel and transportation allow- To: ances: transportation of family members in- Under the heading, ‘‘Research, Development, ‘‘§ 1980A. Traumatic injury protection cident to illness or injury of members’’. Test and Evaluation, Army, 2004/2005’’, ‘‘(a) A member who is insured under subpara- $2,000,000: graph (A)(i), (B), or (C)(i) of section 1967(a)(1) (2) CLERICAL AMENDMENT.—The item relating Provided further, That these funds may only be shall automatically be issued a traumatic injury to such section in the table of sections at the be- used for the Virtual Training Cockpit Optimiza- protection rider that will provide for a payment ginning of chapter 7 of such title is amended to tion Program: Provided further, That the not to exceed $100,000 if the member, while so in- read as follows: sured, sustains a traumatic injury that results ‘‘411h. Travel and transportation allowances: amount made available by the transfer of funds in a loss described in subsection (b)(1). The max- transportation of family members in or pursuant to this section is designated as imum amount payable for all injuries resulting incident to illness or injury of an emergency requirement pursuant to section from the same traumatic event shall be limited members.’’. 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). to $100,000. If a member suffers more than 1 such (c) FUNDING.—Funds for the provision of trav- TRANSFER OF FUNDS FOR FORCE PROTECTION loss as a result of traumatic injury, payment el in fiscal year 2005 under section 411h of title PROGRAMS will be made in accordance with the schedule in 37, United States Code, by reason of the amend- subsection (d) for the single loss providing the (TRANSFER OF FUNDS) ments made by this section shall be derived as highest payment. follows: SEC. 1030. Notwithstanding any other provi- ‘‘(b)(1) A member who is issued a traumatic (1) In the case of travel provided by the De- sion of law, upon enactment of this Act, the Sec- injury protection rider under subsection (a) is partment of the Army, from amounts appro- retary of Defense shall make the following insured against such traumatic injuries, as pre- priated for fiscal year 2005 by this Act and the transfers of funds previously made available in scribed by the Secretary, in collaboration with Department of Defense Appropriations Act, 2005 the Department of Defense Appropriations Act, the Secretary of Defense, including, but not lim- (Public Law 108–287) for the Operation and 2005 (Public Law 108–287): Provided, That the ited to— Maintenance, Army account. amounts transferred shall be made available for ‘‘(A) total and permanent loss of sight; (2) In the case of travel provided by the De- the same purpose and the same time period as ‘‘(B) loss of a hand or foot by severance at or partment of the Navy, from amounts appro- the appropriation to which transferred: Pro- above the wrist or ankle; priated for fiscal year 2005 by the Acts referred vided further, That the authority provided in ‘‘(C) total and permanent loss of speech; to in paragraph (1) for the Operation and Main- this section is in addition to any other transfer ‘‘(D) total and permanent loss of hearing in tenance, Navy account. authority available to the Department of De- both ears; (3) In the case of travel provided by the De- fense: Provided further, That the amounts shall ‘‘(E) loss of thumb and index finger of the partment of the Air Force, from amounts appro- be transferred between the following appropria- same hand by severance at or above the priated for fiscal year 2005 by the Acts referred tions, in the amounts specified: metacarpophalangeal joints; to in paragraph (1) for the Operation and Main- To: ‘‘(F) quadriplegia, paraplegia, or hemiplegia; ‘‘(G) burns greater than second degree, cov- tenance, Air Force account. Under the heading, ‘‘Research, Development, ering 30 percent of the body or 30 percent of the (d) REPORT ON TRAVEL IN EXCESS OF CERTAIN Test and Evaluation, Air Force, 2005/2006’’, face; and LIMIT.—If in any fiscal year the amount of $500,000; ‘‘(H) coma or the inability to carry out the ac- travel provided in such fiscal year under section From: tivities of daily living resulting from traumatic 411h of title 37, United States Code, by reason of Under the heading, ‘‘Other Procurement, Air injury to the brain. the amendments made by this section exceeds Force’’, $500,000. ‘‘(2) For purposes of this subsection— $20,000,000, the Secretary of Defense shall sub- To: ‘‘(A) the term ‘quadriplegia’ means the com- mit to the congressional defense committees a re- Under the heading, ‘‘Other Procurement, Air plete and irreversible paralysis of all 4 limbs; port on that fact, including the total amount of Force, 2005/2007’’, $8,200,000; ‘‘(B) the term ‘paraplegia’ means the complete travel provided in such fiscal year under such From: and irreversible paralysis of both lower limbs; section 411h by reason of the amendments made Under the heading, ‘‘Other Procurement, and by this section. Navy, 2005/2007’’, $8,200,000: ‘‘(C) the term ‘hemiplegia’ means the complete (e) TERMINATION.—The amendment made by Provided further, That the amounts made avail- and irreversible paralysis of the upper and this section shall terminate on September 30, able by the transfer of funds in or pursuant to lower limbs on 1 side of the body. 2005. Effective on October 1, 2005, the provisions this section are designated as an emergency re- ‘‘(3) The Secretary, in collaboration with the of section 411h of title 37, United States Code, as quirement pursuant to section 402 of the con- Secretary of Defense, shall prescribe, by regula- in effect on the date before the date of the en- ference report to accompany S. Con. Res. 95 tion, the conditions under which coverage actment of this Act shall be revived. (108th Congress). against loss will not be provided.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 0636 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2820 CONGRESSIONAL RECORD — HOUSE May 3, 2005 ‘‘(c) A payment under this section may be ‘‘(8) The Secretary of Defense shall forward remain available until September 30, 2006: Pro- made only if— an amount to the Secretary of Veterans Affairs vided, That these funds are available for trans- ‘‘(1) the member is insured under that is equivalent to half the anticipated cost of fer to any other appropriations accounts of the Servicemembers’ Group Life Insurance when the claims for the current fiscal year, upon the ef- Department of Defense, for certain classified ac- traumatic injury is sustained; fective date of this legislation. tivities, and notwithstanding any other provi- ‘‘(2) the loss results directly from that trau- ‘‘(f) The Secretary of Defense shall certify sion of law and of this Act, such funds may be matic injury and from no other cause; and whether any member claiming the benefit under obligated to carry out projects not otherwise au- ‘‘(3) the member suffers the loss before the end this section is eligible. thorized by law: Provided further, That any of the period prescribed by the Secretary, in col- ‘‘(g) Payment for a loss resulting from trau- funds transferred shall be merged with and laboration with the Secretary of Defense, which matic injury will not be made if the member dies shall be merged with and shall be available for begins on the date on which the member sus- before the end of the period prescribed by the the same purposes and for the same time period tains the traumatic injury, except, if the loss is Secretary, in collaboration with the Secretary of as the appropriation to which transferred: Pro- quadriplegia, paraplegia, or hemiplegia, the Defense, which begins on the date on which the vided further, That the transfer authority pro- member suffers the loss not later than 365 days member sustains the injury. If the member dies vided in this section is in addition to any other after sustaining the traumatic injury. before payment to the member can be made, the transfer authority available to the Department ‘‘(d) Payments under this section for losses de- payment will be made according to the member’s of Defense: Provided further, That the amount scribed in subsection (b)(1) shall be— most current beneficiary designation under provided in this section is designated an emer- ‘‘(1) made in accordance with a schedule pre- Servicemembers’ Group Life Insurance, or a by gency requirement pursuant to section 402 of the scribed by the Secretary, in collaboration with law designation, if applicable. conference report to accompany S. Con. Res. 95 the Secretary of Defense; ‘‘(h) Coverage for loss resulting from trau- (108th Congress). ‘‘(2) based on the severity of the covered con- matic injury provided under this section shall RE-USE AND REDEVELOPMENT OF CLOSED OR dition; and cease at midnight on the date of the member’s REALIGNED MILITARY INSTALLATIONS ‘‘(3) in an amount that is equal to not less separation from the uniformed service. Payment SEC. 1036. (a) In order to assist communities than $25,000 and not more than $100,000. will not be made for any loss resulting from in- with preparations for the results of the 2005 ‘‘(e)(1) During any period in which a member jury incurred after the date a member is sepa- round of defense base closure and realignment, is insured under this section and the member is rated from the uniformed services. and consistent with assistance provided to com- on active duty, there shall be deducted each ‘‘(i) Insurance coverage provided under this munities by the Department of Defense in pre- month from the member’s basic or other pay section is not convertible to Veterans’ Group vious rounds of base closure and realignment, until separation or release from active duty an Life Insurance.’’. the Secretary of Defense shall, not later than amount determined by the Secretary of Veterans (b) CLERICAL AMENDMENT.—The table of sec- July 15, 2005, submit to the congressional de- Affairs as the premium allocable to the pay pe- tions for chapter 19 of title 38, United States fense committees a report on the processes and riod for providing traumatic injury protection Code, is amended by adding after the item relat- policies of the Federal Government for disposal under this section (which shall be the same for ing to section 1980 the following: of property at military installations proposed to all such members) as the share of the cost attrib- ‘‘1980A. Traumatic injury protection.’’. be closed or realigned as part of the 2005 round utable to provided coverage under this section, (c) RETROACTIVE PROVISION.— of base closure and realignment, and the assist- less any costs traceable to the extra hazards of (1) IN GENERAL.—Any member who experi- ance available to affected local communities for such duty in the uniformed services. enced a traumatic injury (as described in section re-use and redevelopment decisions. ‘‘(2) During any month in which a member is 1980A(b)(1) of title 38, United States Code) be- (b) The report under subsection (a) shall in- assigned to the Ready Reserve of a uniformed tween October 7, 2001, and the effective date clude— service under conditions which meet the quali- under subsection (d), is eligible for coverage pro- (1) a description of the processes of the Fed- fications set forth in section 1965(5)(B) of this vided in such section 1980A if the qualifying loss eral Government for disposal of property at mili- title and is insured under a policy of insurance was a direct result of injuries incurred in Oper- tary installations proposed to be closed or re- purchased by the Secretary of Veterans Affairs ation Enduring Freedom or Operation Iraqi aligned; under section 1966 of this title, there shall be Freedom. (2) a description of Federal Government poli- contributed from the appropriation made for ac- (2) CERTIFICATION; PAYMENT.—The Secretary cies for providing re-use and redevelopment as- tive duty pay of the uniformed service con- of Defense shall— sistance; cerned an amount determined by the Secretary (A) certify to the Office of Servicemembers’ (3) a catalogue of community assistance pro- of Veterans Affairs (which shall be the same for Group Life Insurance the names and addresses grams that are provided by the Federal Govern- all such members) as the share of the cost attrib- of those members the Secretary of Defense deter- ment related to the re-use and redevelopment of utable to provided coverage under this section, mines to be eligible for retroactive traumatic in- closed or realigned military installations; less any costs traceable to the extra hazards of jury benefits under such section 1980A; and (4) a description of the services, policies, and such duty in the uniformed services. Any (B) forward to the Secretary of Veterans Af- resources of the Department of Defense that are amounts so contributed on behalf of any member fairs, at the time the certification is made under available to assist communities affected by the shall be collected by the Secretary of the con- subparagraph (A), an amount of money equal to closing or realignment of military installations cerned service from such member (by deduction the amount the Secretary of Defense determines as a result of the 2005 round of base closure and from pay or otherwise) and shall be credited to to be necessary to pay all cost related to claims realignment; the appropriation from which such contribution for retroactive benefits under such section (5) guidance to local communities on the es- was made in advance on a monthly basis. 1980A. tablishment of local redevelopment authorities ‘‘(3) The Secretary of Veterans Affairs shall (d) EFFECTIVE DATE.— and the implementation of a base redevelopment determine the premium amounts to be charged (1) IN GENERAL.—The amendments made by plan; and for traumatic injury protection coverage pro- this section shall take effect on the first day of (6) a description of the policies and respon- vided under this section. the first month beginning more than 180 days sibilities of the Department of Defense related to ‘‘(4) The premium amounts shall be deter- after the date of enactment of this Act. environmental clean-up and restoration of prop- mined on the basis of sound actuarial principles (2) RULEMAKING.—Before the effective date erty disposed by the Federal Government. and shall include an amount necessary to cover described in paragraph (1), the Secretary of Vet- CAMP JOSEPH T. ROBINSON the administrative costs to the insurer or insur- erans Affairs, in collaboration with the Sec- SEC. 1037. The United States releases to the ers providing such insurance. retary of Defense, shall issue regulations to State of Arkansas the reversionary interest de- ‘‘(5) Each premium rate for the first policy carry out the amendments made by this section. scribed in sections 2 and 3 of the Act entitled year shall be continued for subsequent policy AMOUNTS FROM PRIOR YEAR IRAQ FREEDOM FUND ‘‘An Act authorizing the transfer of part of years, except that the rate may be adjusted for APPROPRIATION Camp Joseph T. Robinson to the State of Arkan- any such subsequent policy year on the basis of (RESCISSION OF FUNDS) sas’’, approved June 30, 1950 (64 Stat. 311, chap- the experience under the policy, as determined ter 429), in and to the surface estate of the land SEC. 1033. Of the funds appropriated in title by the Secretary of Veterans Affairs in advance constituting Camp Joseph T. Robinson, Arkan- IX of Public Law 108–287 for ‘‘Iraq Freedom of that policy year. sas, which lies east of the Batesville Pike county Fund’’ (118 Stat. 1005) that remain available for ‘‘(6) The cost attributable to insuring such road, in sections 24, 25, and 36, township 3 obligation, $50,000,000 is hereby rescinded. member under this section, less the premiums de- north, range 12 west, Pulaski County, Arkan- TECHNICAL CORRECTION ducted from the pay of the member’s uniformed sas. SEC. 1034. Of the funds available in the De- service, shall be paid by the Secretary of De- TITLE II—INTERNATIONAL PROGRAMS partment of Defense Appropriations Act, 2005, fense to the Secretary of Veterans Affairs. This AND ASSISTANCE FOR RECONSTRUCTION (Public Law 108–287), under the heading ‘‘De- amount shall be paid on a monthly basis, and AND THE WAR ON TERROR fense Health Program’’, $1,000,000 shall be avail- shall be due within 10 days of the notice pro- CHAPTER 1 vided by the Secretary of Veterans Affairs to the able to the Paralyzed Veterans of America Secretary of the concerned uniformed service. (PVA) Outdoor Sports Heritage Fund. DEPARTMENT OF AGRICULTURE ‘‘(7) The Secretary of Defense shall provide DEFENSE TRANSFER AUTHORITY FOREIGN AGRICULTURAL SERVICE the amount of appropriations required to pay SEC. 1035. In addition to amounts appro- PUBLIC LAW 480 TITLE II GRANTS expected claims in a policy year, as determined priated elsewhere in this Act, there is hereby ap- For additional expenses during the current according to sound actuarial principles by the propriated $50,000,000 for ‘‘Research, Develop- fiscal year, not otherwise recoverable, and unre- Secretary of Veterans Affairs. ment, Test and Evaluation, Defense-Wide’’, to covered prior years’ costs, including interest

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00076 Fmt 0636 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2821 thereon, under the Agricultural Trade Develop- BILATERAL ECONOMIC ASSISTANCE Provided further, That such costs, shall be as ment and Assistance Act of 1954, for commod- FUNDS APPROPRIATED TO THE defined in section 502 of the Congressional ities supplied in connection with dispositions PRESIDENT Budget Act of 1974: Provided further, That the abroad under title II of said Act, $240,000,000 to UNITED STATES AGENCY FOR amount provided under this heading is des- remain available until expended: Provided, That INTERNATIONAL DEVELOPMENT ignated as an emergency requirement pursuant from this amount, to the maximum extent pos- to section 402 of the conference report to accom- sible, funding shall be restored to the previously INTERNATIONAL DISASTER AND FAMINE pany S. Con. Res. 95 (108th Congress). ASSISTANCE approved fiscal year 2005 programs under sec- ASSISTANCE FOR THE INDEPENDENT STATES OF For an additional amount for ‘‘International tion 204(a)(2) of the Agricultural Trade Develop- THE FORMER SOVIET UNION ment and Assistance Act of 1954: Provided fur- Disaster and Famine Assistance’’, $90,000,000, to remain available until expended, for emergency For an additional amount for ‘‘Assistance for ther, That the amount provided under this the Independent States of the Former Soviet heading is designated as an emergency require- expenses related to the humanitarian crisis in the Darfur region of Sudan and other African Union’’, $70,000,000, to remain available until ment pursuant to section 402 of the conference September 30, 2006: Provided, That the amount report to accompany S. Con. Res. 95 (108th Con- countries: Provided, That these funds may be used to reimburse fully accounts administered provided under this heading is designated as an gress). emergency requirement pursuant to section 402 CHAPTER 2 by the United States Agency for International Development for obligations incurred for the of the conference report to accompany S. Con. DEPARTMENT OF STATE AND RELATED purposes provided under this heading prior to Res. 95 (108th Congress). AGENCY enactment of this Act from funds appropriated DEPARTMENT OF STATE DEPARTMENT OF STATE for foreign operations, export financing, and re- INTERNATIONAL NARCOTICS CONTROL AND LAW ADMINISTRATION OF FOREIGN AFFAIRS lated programs: Provided further, That the ENFORCEMENT DIPLOMATIC AND CONSULAR PROGRAMS amount provided under this heading is des- For an additional amount for ‘‘International For an additional amount for ‘‘Diplomatic ignated as an emergency requirement pursuant Narcotics Control and Law Enforcement’’, and Consular Programs’’, $734,000,000, to remain to section 402 of the conference report to accom- $620,000,000, to remain available until September available until September 30, 2006, of which pany S. Con. Res. 95 (108th Congress). 30, 2007: Provided, That the amount provided $10,000,000 is provided for security requirements OPERATING EXPENSES OF THE UNITED STATES under this heading is designated as an emer- in the detection of explosives: Provided, That of AGENCY FOR INTERNATIONAL DEVELOPMENT gency requirement pursuant to section 402 of the the funds appropriated under this heading, not For an additional amount for ‘‘Operating Ex- conference report to accompany S. Con. Res. 95 less than $250,000 shall be made available for penses of the United States Agency for Inter- (108th Congress). programs to assist Iraqi and Afghan scholars national Development’’, $24,400,000, to remain MIGRATION AND REFUGEE ASSISTANCE who are in physical danger to travel to the available until September 30, 2006: Provided, For an additional amount for ‘‘Migration and United States to engage in research or other That the amount provided under this heading is Refugee Assistance’’, $120,400,000, to remain scholarly activities at American institutions of designated as an emergency requirement pursu- available until September 30, 2006: Provided, higher education: Provided further, That the ant to section 402 of the conference report to ac- That of the funds appropriated under this head- amount provided under this heading is des- company S. Con. Res. 95 (108th Congress). ing, not less than $67,000,000 shall be made ignated as an emergency requirement pursuant OPERATING EXPENSES OF THE UNITED STATES available for assistance for refugees in Africa to section 402 of the conference report to accom- AGENCY FOR INTERNATIONAL DEVELOPMENT and to fulfill refugee protection goals set by the pany S. Con. Res. 95 (108th Congress). OFFICE OF INSPECTOR GENERAL President for fiscal year 2005: Provided further, EMBASSY SECURITY, CONSTRUCTION, AND For an additional amount for ‘‘Operating Ex- That the amount provided under this heading is MAINTENANCE penses of the United States Agency for Inter- designated as an emergency requirement pursu- For an additional amount for ‘‘Embassy Secu- national Development Office of Inspector Gen- ant to section 402 of the conference report to ac- rity, Construction, and Maintenance’’, eral’’, $2,500,000, to remain available until Sep- company S. Con. Res. 95 (108th Congress). $592,000,000, to remain available until expended: tember 30, 2006: Provided, That the amount pro- NONPROLIFERATION, ANTI-TERRORISM, DEMINING Provided, That the amount provided under this vided under this heading is designated as an AND RELATED PROGRAMS heading is designated as an emergency require- emergency requirement pursuant to section 402 ment pursuant to section 402 of the conference For an additional amount for ‘‘Nonprolifera- of the conference report to accompany S. Con. tion, Anti-Terrorism, Demining and Related report to accompany S. Con. Res. 95 (108th Con- Res. 95 (108th Congress). gress). Programs’’, $24,600,000, to remain available until OTHER BILATERAL ECONOMIC September 30, 2006, of which not to exceed INTERNATIONAL ORGANIZATIONS ASSISTANCE $7,500,000, to remain available until expended, CONTRIBUTIONS FOR INTERNATIONAL ECONOMIC SUPPORT FUND may be made available for the Nonproliferation PEACEKEEPING ACTIVITIES (INCLUDING TRANSFER OF FUNDS) and Disarmament Fund, notwithstanding any (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Economic Sup- other provision of law, to promote bilateral and For an additional amount for ‘‘Contributions port Fund’’, $1,433,600,000, to remain available multilateral activities relating to nonprolifera- for International Peacekeeping Activities’’, until September 30, 2006: Provided, That of the tion and disarmament: Provided, That the $680,000,000, to remain available until September funds appropriated under this heading, amount provided under this heading is des- 30, 2006: Provided, That of the funds appro- $200,000,000 should be made available for pro- ignated as an emergency requirement pursuant priated under this heading, up to $50,000,000 grams, activities, and efforts to support Pal- to section 402 of the conference report to accom- may be transferred to ‘‘Peacekeeping Oper- estinians, of which $50,000,000 should be made pany S. Con. Res. 95 (108th Congress). ations’’ for support of the efforts of the African available for assistance for Israel to help ease MILITARY ASSISTANCE Union to halt genocide and other atrocities in the movement of Palestinian people and goods FUNDS APPROPRIATED TO THE Darfur, Sudan: Provided further, That the in and out of Israel: Provided further, That of PRESIDENT amount provided under this heading is des- the funds appropriated under this heading, FOREIGN MILITARY FINANCING PROGRAM ignated as an emergency requirement pursuant $5,000,000 should be made available for assist- For an additional amount for ‘‘Foreign Mili- to section 402 of the conference report to accom- ance for displaced persons in Afghanistan: Pro- tary Financing Program’’, $250,000,000: Pro- pany S. Con. Res. 95 (108th Congress). vided further, That of the funds appropriated vided, That the amount provided under this RELATED AGENCY under this heading, $2,500,000 should be made heading is designated as an emergency require- available for assistance for families and commu- BROADCASTING BOARD OF GOVERNORS ment pursuant to section 402 of the conference nities of Afghan civilians who have suffered INTERNATIONAL BROADCASTING OPERATIONS report to accompany S. Con. Res. 95 (108th Con- losses as a result of the military operations: Pro- gress). For an additional amount for ‘‘International vided further, That of the funds appropriated Broadcasting Operations’’ for activities related under this heading, $20,000,000 should be made PEACEKEEPING OPERATIONS to broadcasting to the broader Middle East, available for assistance for Haiti, of which For an additional amount for ‘‘Peacekeeping $4,800,000, to remain available until September $2,500,000 should be made available for criminal Operations’’, $240,000,000, to remain available 30, 2006: Provided, That the amount provided case management, case tracking, and the reduc- until September 30, 2006, of which up to under this heading is designated as an emer- tion of pre-trial detention in Haiti, notwith- $200,000,000 is for military and other security as- gency requirement pursuant to section 402 of the standing any other provision of law: Provided sistance to coalition partners in Iraq and Af- conference report to accompany S. Con. Res. 95 further, That of the funds appropriated under ghanistan: Provided, That up to $30,000,000 may (108th Congress). this heading, $5,000,000 should be made avail- be used only pursuant to a determination by the BROADCASTING CAPITAL IMPROVEMENTS able for programs and activities to promote de- President, and after consultation with the Com- For an additional amount for ‘‘Broadcasting mocracy, including political party development, mittees on Appropriations, that such use will Capital Improvements’’, $2,500,000, to remain in Lebanon: Provided further, That of the funds support the global war on terrorism: Provided available until September 30, 2006: Provided, appropriated under this heading, up to further, That these funds may be transferred by That the amount provided under this heading is $10,000,000 may be transferred to the Overseas the Secretary of State to other Federal agencies designated as an emergency requirement pursu- Private Investment Corporation for the cost of or accounts to support the global war on ter- ant to section 402 of the conference report to ac- direct and guaranteed loans as authorized by rorism: Provided further, That funds appro- company S. Con. Res. 95 (108th Congress). section 234 of the Foreign Assistance Act of 1961: priated under this heading shall be subject to

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00077 Fmt 0636 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2822 CONGRESSIONAL RECORD — HOUSE May 3, 2005 the regular notification procedures of the Com- to terrorist entities; (2) specific steps taken by apply to funds obligated after such date for fis- mittees on Appropriations, except that such no- the Palestinian Authority to dismantle the ter- cal year 2005 and any subsequent fiscal year. tifications shall be submitted no less than five rorist infrastructure, confiscate unauthorized JOINT EXPLANATORY STATEMENT days prior to the obligation of funds: Provided weapons, arrest and bring terrorists to justice, SEC. 2111. (a) Funds provided in this Act for further, That the amount provided under this destroy unauthorized arms factories, thwart and the following accounts shall be made available heading is designated as an emergency require- preempt terrorist attacks, and cooperate with for programs and countries in the amounts con- ment pursuant to section 402 of the conference Israel’s security services; (3) specific actions tained in the joint explanatory statement of report to accompany S. Con. Res. 95 (108th Con- taken by the Palestinian Authority to stop in- managers accompanying this Act: gress). citement in Palestinian Authority-controlled ‘‘Economic Support Fund’’; and, GENERAL PROVISIONS, THIS CHAPTER electronic and print media and in schools, ‘‘Assistance for the Independent States of the mosques, and other institutions it controls, and VOLUNTARY CONTRIBUTION Former Soviet Union’’. to promote peace and coexistence with Israel; (4) (b) Any proposed increases or decreases to the SEC. 2101. Section 307(a) of the Foreign Assist- specific steps the Palestinian Authority has amounts contained in such tables in the joint ance Act of 1961, as amended (22 U.S.C. 2227), is taken to further democracy, the rule of law, and explanatory statement of managers shall be sub- further amended by striking ‘‘Iraq,’’. an independent judiciary, and transparent and ject to the regular notification procedures of the (RESCISSION OF FUNDS) accountable governance; (5) the Palestinian Committees on Appropriations and section 634A SEC. 2102. The unexpended balance appro- Authority’s cooperation with United States offi- of the Foreign Assistance Act of 1961. priated by Public Law 108–11 under the heading cials in investigations into the late Palestinian ‘‘Economic Support Fund’’ and made available leader Yasser Arafat’s finances; and (6) the TITLE III—DOMESTIC APPROPRIATIONS for Turkey is rescinded. amount of assistance pledged and actually pro- FOR THE WAR ON TERROR AUDIT REQUIREMENT vided to the Palestinian Authority by other do- CHAPTER 1 SEC. 2103. Section 559 of division D of Public nors: Provided, That not later than 180 days DEPARTMENT OF ENERGY Law 108–447 is amended by adding at the end after enactment of this Act, the President shall NATIONAL NUCLEAR SECURITY ADMINISTRATION the following: submit to the Congress an update of this report: ‘‘(e) Subsequent to the certification specified Provided further, That up to $5,000,000 of the DEFENSE NUCLEAR NONPROLIFERATION in subsection (a), the Comptroller General of the funds made available for assistance for the West For an additional amount for ‘‘Defense Nu- United States shall conduct an audit and an in- Bank and Gaza by this chapter under ‘‘Eco- clear Nonproliferation’’, $84,000,000, to remain vestigation of the treatment, handling, and uses nomic Support Fund’’ shall be used for an out- available until expended: Provided, That the of all funds for the bilateral West Bank and side, independent evaluation by an internation- amount provided under this heading is des- Gaza Program in fiscal year 2005 under the ally recognized accounting firm of the trans- ignated as an emergency requirement pursuant heading ‘Economic Support Fund’. The audit parency and accountability of Palestinian Au- to section 402 of the conference report to accom- shall address— thority accounting procedures and an audit of pany S. Con. Res. 95 (108th Congress). ‘‘(1) the extent to which such Program com- expenditures by the Palestinian Authority. CHAPTER 2 plies with the requirements of subsections (b) REPROGRAMMING AUTHORITY DEPARTMENT OF HOMELAND SECURITY and (c), and SEC. 2107. The amounts set forth in the eighth ‘‘(2) an examination of all programs, projects, proviso in the Diplomatic and Consular Pro- CUSTOMS AND BORDER PROTECTION and activities carried out under such Program, grams appropriation in the fiscal year 2005 De- SALARIES AND EXPENSES including both obligations and expenditures.’’. partments of Commerce, Justice, State, the Judi- For an additional amount for ‘‘Salaries and REPORTING REQUIREMENT ciary, and Related Agencies Appropriations Act Expenses’’, $124,425,000, to remain available SEC. 2104. The Secretary of State shall submit (Public Law 108–447, division B) may be subject until September 30, 2006, for hiring, training, to the Committees on Appropriations not later to reprogramming pursuant to section 605 of supporting, and equipping 500 border patrol than 30 days after enactment, and prior to the that Act. agents above the level funded in Public Law initial obligation of funds appropriated under MARLA RUZICKA IRAQI WAR VICTIMS FUND 108–334: Provided, That the Secretary of Home- this chapter, a report on the proposed uses of all SEC. 2108. Of the funds appropriated by chap- land Security shall provide the Committees on funds on a project-by-project basis, for which ter 2 of title II of Public Law 108–106 under the Appropriations of the Senate and the House of the obligation of funds is anticipated: Provided, heading ‘‘Iraq Relief and Reconstruction Representatives no later than June 15, 2005, That up to 15 percent of funds appropriated Fund’’, not less than $20,000,000 should be made with a plan for the expeditious implementation under this chapter may be obligated before the available for assistance for families and commu- and execution of these funds: Provided further, submission of the report subject to the normal nities of Iraqi civilians who have suffered losses That of the amount provided under this head- notification procedures of the Committees on as a result of the military operations: Provided, ing, $49,075,000 is designated as an emergency Appropriations: Provided further, That the re- That such assistance shall be designated as the requirement pursuant to section 402 of the con- port shall be updated and submitted to the Com- ‘‘Marla Ruzicka Iraqi War Victims Fund’’. ference report to accompany S. Con. Res. 95 mittees on Appropriations every six months and CANDIDATE COUNTRIES (108th Congress). SEC. 2109. Section 616(b)(1) of the Millennium shall include information detailing how the esti- CONSTRUCTION mates and assumptions contained in previous Challenge Act of 2003 (Public Law 108–199) is reports have changed: Provided further, That amended— For an additional amount for ‘‘Construction’’, any new projects and increases in funding of (1) by striking ‘‘subparagraphs (A) and (B) of $51,875,000, to remain available until September ongoing projects shall be subject to the prior ap- section 606(a)(1)’’; and 30, 2006: Provided, That the Secretary of Home- proval of the Committees on Appropriations: (2) inserting in lieu thereof ‘‘subsection (a) or land Security shall provide the Committees on Provided further, That the Secretary of State (b) of section 606’’. Appropriations of the Senate and the House of shall submit to the Committees on Appropria- HUMANITARIAN ASSISTANCE CODE OF CONDUCT Representatives no later than June 15, 2005, tions, not later than 210 days following enact- SEC. 2110. (a) None of the funds made avail- with a plan for the expeditious implementation ment of this Act and annually thereafter, a re- able for foreign operations, export financing, and execution of these funds: Provided further, port detailing on a project-by-project basis the and related programs under the headings ‘‘Mi- That the amount provided under this heading is expenditure of funds appropriated under this gration and Refugee Assistance’’, ‘‘United designated as an emergency requirement pursu- chapter until all funds have been fully ex- States Emergency Refugee and Migration Assist- ant to section 402 of the conference report to ac- pended. ance Fund’’, ‘‘International Disaster and Fam- company S. Con. Res. 95 (108th Congress). ine Assistance’’, or ‘‘Transition Initiatives’’ may AUDIT REQUIREMENT IMMIGRATION AND CUSTOMS be obligated to an organization that fails to SEC. 2105. The Comptroller General of the ENFORCEMENT adopt a code of conduct that provides for the United States shall conduct an audit of the use SALARIES AND EXPENSES protection of beneficiaries of assistance under of all funds for the bilateral Afghanistan coun- any such heading from sexual exploitation and For an additional amount for ‘‘Salaries and ternarcotics and alternative livelihood programs abuse in humanitarian relief operations. Expenses’’, $454,250,000, of which not less than in fiscal year 2005 under the heading ‘‘Economic (b) The code of conduct referred to in sub- $11,000,000 shall be available for the costs of in- Support Fund’’ and ‘‘International Narcotics section (a) shall, to the maximum extent prac- creasing by no less than seventy-nine the level Control and Law Enforcement’’: Provided, That ticable, be consistent with the six core principles of full-time equivalents on board on the date of the audit shall include an examination of all of the United Nations Inter-Agency Standing enactment of this Act: Provided, That of the programs, projects and activities carried out Committee Task Force on Protection From Sex- total amount provided, $178,250,000 is available under such programs, including both obligations ual Exploitation and Abuse in Humanitarian until September 30, 2006, of which $93,050,000 is and expenditures. Crises. for new investigators, enforcement agents, de- REPORTING REQUIREMENT (c) Not later than 180 days after the date of tention officers, and detention bedspace: Pro- SEC. 2106. Not later than 60 days after the the enactment of this Act, and not later than vided further, That the Secretary of Homeland date of enactment of this Act, the President one year after the date of the enactment of this Security shall provide the Committees on Appro- shall submit a report to the Congress detailing: Act, the President shall transmit to the appro- priations of the Senate and the House of Rep- (1) information regarding the Palestinian secu- priate congressional committees a report on the resentatives no later than June 15, 2005, with a rity services, including their numbers, account- implementation of this section. plan for the expeditious implementation and ability, and chains of command, and steps taken (d) This section shall take effect 60 days after execution of these funds: Provided further, That to purge from their ranks individuals with ties the date of the enactment of this Act and shall of the amount provided under this heading,

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 0636 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2823 $349,050,000 is designated as an emergency re- provided under this heading is designated as an ARCHITECT OF THE CAPITOL quirement pursuant to section 402 of the con- emergency requirement pursuant to section 402 CAPITOL GROUNDS ference report to accompany S. Con. Res. 95 of the conference report to accompany S. Con. For an additional amount for ‘‘Capitol (108th Congress). Res. 95 (108th Congress). Grounds’’, $8,200,000, to remain available until UNITED STATES COAST GUARD BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND September 30, 2006: Provided, That the amount OPERATING EXPENSES EXPLOSIVES provided under this heading is designated as an For an additional amount for ‘‘Operating Ex- SALARIES AND EXPENSES emergency requirement pursuant to section 402 penses’’, $111,950,000: Provided, That the For an additional amount for ‘‘Salaries and of the conference report to accompany S. Con. amount provided under this heading is des- Expenses’’, $4,000,000, to remain available until Res. 95 (108th Congress). ignated as an emergency requirement pursuant September 30, 2006: Provided, That the amount CAPITOL POLICE BUILDINGS AND GROUNDS provided under this heading is designated as an to section 402 of the conference report to accom- For an additional amount for ‘‘Capitol Police emergency requirement pursuant to section 402 pany S. Con. Res. 95 (108th Congress). Buildings and Grounds’’, $4,100,000, to remain of the conference report to accompany S. Con. available until September 30, 2006: Provided, ACQUISITION, CONSTRUCTION, AND Res. 95 (108th Congress). IMPROVEMENTS That the amount provided under this heading is CHAPTER 4 For an additional amount for ‘‘Acquisition, designated as an emergency requirement pursu- LEGISLATIVE BRANCH Construction, and Improvements’’, $49,200,000, ant to section 402 of the conference report to ac- to remain available until September 30, 2007: HOUSE OF REPRESENTATIVES company S. Con. Res. 95 (108th Congress). Provided, That the amount provided under this PAYMENT TO WIDOWS AND HEIRS OF DECEASED TITLE IV—INDIAN OCEAN TSUNAMI heading is designated as an emergency require- MEMBERS OF CONGRESS RELIEF ment pursuant to section 402 of the conference For payment to Doris K. Matsui, widow of CHAPTER 1 report to accompany S. Con. Res. 95 (108th Con- Robert T. Matsui, late a Representative from the FUNDS APPROPRIATED TO THE gress). State of California, $162,100. PRESIDENT FEDERAL LAW ENFORCEMENT TRAINING SALARIES AND EXPENSES OTHER BILATERAL ASSISTANCE CENTER For an additional amount for salaries and ex- TSUNAMI RECOVERY AND RECONSTRUCTION FUND SALARIES AND EXPENSES penses of the House of Representatives, (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ‘‘Salaries and $39,000,000, to remain available until expended: Provided, That the amount provided under this For necessary expenses to carry out the For- Expenses’’, $2,568,000, to remain available until eign Assistance Act of 1961, for emergency relief, September 30, 2006. heading is designated as an emergency require- ment pursuant to section 402 of the conference rehabilitation, and reconstruction aid to coun- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, report to accompany S. Con. Res. 95 (108th Con- tries affected by the tsunami and earthquakes of AND RELATED EXPENSES gress). December 2004 and March 2005, and the Avian For an additional amount for ‘‘Acquisition, influenza virus, $656,000,000, to remain available ADMINISTRATIVE PROVISIONS Construction, Improvements, and Related Ex- until September 30, 2006: Provided, That these penses’’, $1,882,000, to remain available until HOUSE SERVICES REVOLVING FUND funds may be transferred by the Secretary of September 30, 2006. SEC. 3ll. (a) Section 103(b) of the Legislative State to Federal agencies or accounts for any Branch Appropriations Act, 2005 (Public Law CHAPTER 3 activity authorized under part I (including 108–447; 118 Stat. 3175) is amended to read as chapter 4 of part II) of the Foreign Assistance DEPARTMENT OF JUSTICE follows: Act, or under the Agricultural Trade Develop- GENERAL ADMINISTRATION ‘‘(b) USE OF FEES.—Any amounts paid as fees ment and Assistance Act of 1954, to accomplish for the use of the exercise facility described in DETENTION TRUSTEE the purposes provided herein: Provided further, subsection (a) shall be deposited into the House For an additional amount for ‘‘Detention That upon a determination that all or part of Services Revolving Fund established under sec- the funds so transferred from this appropriation Trustee’’, $184,000,000, for necessary expenses of tion 105.’’. the Federal Detention Trustee: Provided, That are not necessary for the purposes provided (b) Section 105(a) of such Act (2 U.S.C. herein, such amounts may be transferred back the amount provided under this heading is des- 117m(a)) is amended by adding at the end the ignated as an emergency requirement pursuant to this appropriation: Provided further, That following new paragraph: funds appropriated under this heading may be to section 402 of the conference report to accom- ‘‘(5) The payment of fees for the use of the ex- used to reimburse fully accounts administered pany S. Con. Res. 95 (108th Congress). ercise facility described in section 103(a).’’. by the United States Agency for International LEGAL ACTIVITIES (c) The amendments made by this section shall Development for obligations incurred for the take effect as if included in the enactment of the ASSET FORFEITURE FUND purposes provided under this heading prior to Legislative Branch Appropriations Act, 2005. (RESCISSION) enactment of this Act, including Public Law 480 TECHNICAL CORRECTIONS Of the unobligated balances available under Title II grants: Provided further, That of the SEC. 3 . (a) The last proviso under the ll amounts provided herein: up to $10,000,000 may this heading, $40,000,000 are rescinded. heading ‘‘LIBRARY OF CONGRESS—Salaries be transferred to and consolidated with ‘‘Devel- UNITED STATES MARSHALS SERVICE and Expenses’’ in chapter 9 of division A of the opment Credit Authority’’ for the cost of direct Miscellaneous Appropriations Act, 2001, as en- SALARIES AND EXPENSES loans and loan guarantees as authorized by sec- acted into law by section 1(a)(4) of the Consoli- For an additional amount for ‘‘Salaries and tions 256 and 635 of the Foreign Assistance Act dated Appropriations Act, 2001 (2 U.S.C. 132b Expenses’’, $11,935,000, for increased judicial se- of 1961 in furtherance of the purposes of this note), is amended by striking ‘‘chair of the Sub- curity outside of courthouse facilities, including heading; up to $17,500,000 may be transferred to committee on the Legislative Branch of the Com- home intrusion detection systems for Federal and consolidated with ‘‘Operating Expenses of mittee on Appropriations of the House of Rep- judges, to remain available until September 30, the United States Agency for International De- resentatives’’ and inserting ‘‘chair of the Com- 2006: Provided, That the amount provided under velopment’’, of which up to $2,000,000 may be mittee on Appropriations of the House of Rep- this heading is designated as an emergency re- used for administrative expenses to carry out resentatives (or another member of such Com- quirement pursuant to section 402 of the con- credit programs administered by the United mittee designated by the chair)’’. ference report to accompany S. Con. Res. 95 States Agency for International Development in (b) Section 313(a)(2)(E) of the Legislative (108th Congress). furtherance of the purposes of this heading; up Branch Appropriations Act, 2001 (2 U.S.C. FEDERAL BUREAU OF INVESTIGATION to $1,000,000 may be transferred to and consoli- 1151(a)(2)(E)), as added by section 1502 of the dated with ‘‘Operating Expenses of the United SALARIES AND EXPENSES Legislative Branch Appropriations Act, 2005 States Agency for International Development For an additional amount for ‘‘Salaries and (Public Law 108–447), is amended by striking Office of Inspector General’’; and up to Expenses’’, $73,991,000, to remain available until ‘‘chair of the Subcommittee on Legislative $5,000,000 may be transferred to and consoli- September 30, 2006: Provided, That of the Branch of the Committee on Appropriations of dated with ‘‘Emergencies in the Diplomatic and amount appropriated, $1,250,000 shall be trans- the House of Representatives’’ and inserting Consular Service’’ for the purpose of providing ferred to and merged with the appropriation for ‘‘chair of the Committee on Appropriations of support services for United States citizen victims ‘‘Department of Justice, General Administra- the House of Representatives (or another mem- and related operations: Provided further, That tion, Office of Inspector General’’: Provided fur- ber of such Committee designated by the of the funds appropriated under this heading, ther, That the amount provided under this chair)’’. $5,000,000 should be made available for environ- heading is designated as an emergency require- CAPITOL POLICE ment pursuant to section 402 of the conference mental recovery activities in tsunami affected GENERAL EXPENSES report to accompany S. Con. Res. 95 (108th Con- countries: Provided further, That of the funds gress). For an additional amount for necessary ex- appropriated under this heading, $10,000,000 penses of the Capitol Police, $11,000,000, to re- should be made available for programs and ac- DRUG ENFORCEMENT ADMINISTRATION main available until expended: Provided, That tivities which create new economic opportunities SALARIES AND EXPENSES the amount provided under this heading is des- for women: Provided further, That of the funds For an additional amount for ‘‘Salaries and ignated as an emergency requirement pursuant appropriated under this heading, $1,500,000 Expenses’’, $7,648,000, to remain available until to section 402 of the conference report to accom- should be made available for programs to ad- September 30, 2006: Provided, That the amount pany S. Con. Res. 95 (108th Congress). dress the needs of people with physical and

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00079 Fmt 0636 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2824 CONGRESSIONAL RECORD — HOUSE May 3, 2005 mental disabilities resulting from the tsunami: new projects and increases in funding of ongo- OTHER DEPARTMENT OF DEFENSE Provided further, That of the funds appro- ing projects shall be reported to the Committees PROGRAMS priated under this heading, not less than on Appropriations in accordance with regular DEFENSE HEALTH PROGRAM $12,500,000 should be made available to support notification procedures: Provided further, That For an additional amount for ‘‘Defense initiatives that focus on the immediate and the Secretary of State shall submit to the Com- Health Program’’, $3,600,000 for Operation and long-term needs of children for protection and mittees on Appropriations, not later than 210 maintenance: Provided, That the amount pro- permanency, including the registration of unac- days following enactment of this Act, and every vided under this heading is designated as an companied children, the reunification of chil- six months thereafter, a report detailing on a emergency requirement pursuant to section 402 dren with their immediate or extended families, project-by project basis, the expenditure of of the conference report to accompany S. Con. the protection of women and children from vio- funds appropriated under this chapter until all Res. 95 (108th Congress). lence and exploitation, and activities designed funds have been fully expended. CHAPTER 3 to prevent the capture of children by armed AUTHORIZATION OF FUNDS forces and promote the integration of war af- DEPARTMENT OF HOMELAND SECURITY SEC. 4103. Funds appropriated by this Act fected youth: Provided further, That of the may be obligated and expended notwithstanding UNITED STATES COAST GUARD funds appropriated under this heading, section 15 of the State Department Basic Au- OPERATING EXPENSES $20,000,000 should be made available for micro- thorities Act of 1956, section 313 of the Foreign enterprise programs in countries affected by the For an additional amount for ‘‘Operating Ex- Relations Authorization Act, Fiscal Years 1994 tsunami, of which $5,000,000 should be made penses’’, $350,000: Provided, That the amount and 1995 (Public Law 103–236), section 10 of available for microcredit programs, to be admin- provided under this heading is designated as an Public Law 91–672 (22 U.S.C. 2412), and section istered by the United States Agency for Inter- emergency requirement pursuant to section 402 504(a)(1) of the National Security Act of 1947 (50 national Development: Provided further, That of the conference report to accompany S. Con. U.S.C. 414(a)(1)). of the funds appropriated under this heading, Res. 95 (108th Congress). $1,500,000 should be made available for traf- AVIAN INFLUENZA VIRUS CHAPTER 4 ficking in persons monitoring and prevention SEC. 4104. Of the funds appropriated under DEPARTMENT OF THE INTERIOR programs and activities in tsunami affected this chapter, $25,000,000 shall be made available UNITED STATES GEOLOGICAL SURVEY countries: Provided further, That the President for a coordinated program to prevent and con- is hereby authorized to defer and reschedule for trol the spread of the Avian influenza virus: SURVEYS, INVESTIGATIONS, AND RESEARCH such period as he may deem appropriate any Provided, That not less than $15,000,000 of such For an additional amount for ‘‘Surveys, In- amounts owed to the United States or any agen- funds should be transferred to the Centers for vestigations, and Research’’, $8,100,000, to re- cy of the United States by those countries sig- Disease Control and Prevention: Provided fur- main available until September 30, 2006: Pro- nificantly affected by the tsunami and earth- ther, That prior to the obligation of such funds, vided, That the amount provided under this quakes of December 2004 and March 2005, in- the Centers for Disease Control and Prevention heading is designated as an emergency require- cluding the Republic of Indonesia, the Republic shall consult with the United States Agency for ment pursuant to section 402 of the conference of Maldives and the Democratic Socialist Repub- International Development on the proposed use report to accompany S. Con. Res. 95 (108th Con- lic of Sri Lanka: Provided further, That funds of such funds: Provided further, That funds gress). appropriated under this heading may be made made available by this section and transferred CHAPTER 5 available for the modification costs, as defined to the Centers for Disease Control and Preven- DEPARTMENT OF COMMERCE in section 502 of the Congressional Budget Act tion shall be for necessary expenses to carry out NATIONAL OCEANIC AND ATMOSPHERIC of 1974, if any, associated with any deferral and Titles III and XXIII of the Public Health Serv- ADMINISTRATION rescheduling authorized under this heading: ice Act. OPERATIONS, RESEARCH, AND FACILITIES Provided further, That such amounts shall not CHAPTER 2 be considered ‘‘assistance’’ for the purposes of For an additional amount for ‘‘Operations, provisions of law limiting assistance to any such DEPARTMENT OF DEFENSE—MILITARY Research, and Facilities’’, $7,070,000, to remain affected country: Provided further, That any OPERATION AND MAINTENANCE available until September 30, 2006, for United States tsunami warning capabilities and oper- agreement to defer and reschedule such debt will OPERATION AND MAINTENANCE, NAVY include a commitment by the recipient govern- ations: Provided, That the amount provided ment that resources freed by the debt deferral For an additional amount for ‘‘Operation and under this heading is designated as an emer- will benefit directly the people affected by the Maintenance, Navy’’, $124,100,000: Provided, gency requirement pursuant to section 402 of the tsunami: Provided further, That the Secretary That the amount provided under this heading is conference report to accompany S. Con. Res. 95 of State shall arrange for an outside, inde- designated as an emergency requirement pursu- (108th Congress). pendent evaluation of each government’s com- ant to section 402 of the conference report to ac- PROCUREMENT, ACQUISITION AND CONSTRUCTION pliance with the commitment: Provided further, company S. Con. Res. 95 (108th Congress). For an additional amount for ‘‘Procurement, That the amount provided under this heading is OPERATION AND MAINTENANCE, MARINE CORPS Acquisition and Construction’’, $10,170,000, to designated as an emergency requirement pursu- For an additional amount for ‘‘Operation and remain available until September 30, 2007, for ant to section 402 of the conference report to ac- Maintenance, Marine Corps’’, $2,800,000: Pro- United States tsunami warning capabilities: company S. Con. Res. 95 (108th Congress). vided, That the amount provided under this Provided, That the amount provided under this GENERAL PROVISIONS, THIS CHAPTER heading is designated as an emergency require- heading is designated as an emergency require- ANNUAL LIMITATION ment pursuant to section 402 of the conference ment pursuant to section 402 of the conference SEC. 4101. Amounts made available pursuant report to accompany S. Con. Res. 95 (108th Con- report to accompany S. Con. Res. 95 (108th Con- to section 492(b) of the Foreign Assistance Act of gress). gress). 1961, as amended (22 U.S.C. 2292a), to address OPERATION AND MAINTENANCE, AIR FORCE TITLE V—OTHER EMERGENCY relief and rehabilitation needs for countries af- APPROPRIATIONS For an additional amount for ‘‘Operation and fected by the Indian Ocean tsunami and earth- CHAPTER 1 quakes of December 2004 and March 2005, prior Maintenance, Air Force’’, $30,000,000: Provided, DEPARTMENT OF AGRICULTURE to the enactment of this Act, shall be in addition That the amount provided under this heading is to the amount that may be obligated in fiscal designated as an emergency requirement pursu- NATURAL RESOURCES CONSERVATION SERVICE year 2005 under that section. ant to section 402 of the conference report to ac- EMERGENCY WATERSHED PROTECTION PROGRAM REPORTING REQUIREMENT company S. Con. Res. 95 (108th Congress). For an additional amount for the emergency SEC. 4102. The Secretary of State shall submit OPERATION AND MAINTENANCE, DEFENSE-WIDE watershed protection program established under to the Committees on Appropriations not later For an additional amount for ‘‘Operation and section 403 of the Agricultural Credit Act of 1978 than 30 days after enactment, and prior to the Maintenance, Defense-Wide’’, $29,150,000: Pro- (16 U.S.C. 2203) to repair damages to waterways initial obligation of funds appropriated under vided, That the amount provided under this and watersheds resulting from natural disasters, this chapter not used to reimburse accounts for heading is designated as an emergency require- $104,500,000, to remain available until expended: obligations made prior to enactment, a report on ment pursuant to section 402 of the conference Provided, That the above amount includes fund- the proposed uses of all funds on a project-by- report to accompany S. Con. Res. 95 (108th Con- ing for eligible work identified in the Emergency project basis, for which such initial obligation of gress). Watershed Program Recovery Projects Un- funds is anticipated: Provided, That up to 15 funded list as of April 25, 2005: Provided fur- percent of funds appropriated under this chap- OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC ther, That notwithstanding any other provision ter may be obligated before the submission of the AID of law, the Secretary of Agriculture shall count report subject to the regular notification proce- For an additional amount for ‘‘Overseas Hu- local financial and technical resources, includ- dures of the Committees on Appropriations: Pro- manitarian, Disaster, and Civic Aid’’, ing in-kind materials and services, contributed vided further, That the report shall be updated $36,000,000, to remain available until September toward recovery from the flooding events of Jan- and submitted to the Committees on Appropria- 30, 2006: Provided, That the amount provided uary 2005 in Washington County, Utah, toward tions every six months and shall include infor- under this heading is designated as an emer- local matching requirements for the emergency mation detailing how the estimates and assump- gency requirement pursuant to section 402 of the watershed protection program assistance pro- tions contained in previous reports have conference report to accompany S. Con. Res. 95 vided to Washington County, Utah: Provided changed: Provided further, That any proposed (108th Congress). further, That the amount provided under this

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 0636 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2825 heading is designated as an emergency require- CHAPTER 3 of 1992 (12 U.S.C. 4516(c)): Provided, That not- ment pursuant to section 402 of the conference DEPARTMENT OF HEALTH AND HUMAN withstanding section 1316(d) of the Federal report to accompany S. Con. Res. 95 (108th Con- SERVICES Housing Enterprises Financial Safety and gress). Soundness Act of 1992, any funds collected OFFICE OF THE SECRETARY GENERAL PROVISIONS, THIS CHAPTER under section 1316(c) of the Federal Housing PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY Enterprises Financial Safety and Soundness Act RURAL HOUSING SERVICE FUND of 1992 shall not be credited for fiscal year 2006 SEC. 5101. Hereafter, notwithstanding any (INCLUDING RESCISSIONS OF FUNDS) as surplus under section 1316(d) of such Act or other provision of law, the Secretary of Agri- For an additional amount for the ‘‘Public as part of any assessment to be collected for fis- culture may transfer any unobligated amounts Health and Social Services Emergency Fund’’ in cal year 2006 under section 1316(a) of such Act: made available under the heading ‘‘Rural Hous- title II of Public Law 108–447, $10,000,000, to re- Provided further, That not to exceed the ing Service’’, ‘‘Rural Housing Insurance Fund main available until expended, for an infra- amount provided herein shall be available from Program Account’’ in chapter 1 of title II of structure grant to improve the supply of domes- the general fund of the Treasury to the extent Public Law 106–246 (114 Stat. 540) to the Rural tically produced vaccine: Provided, That the en- necessary to incur obligations and make expend- Housing Service ‘‘Rental Assistance Program’’ tire amount is designated as an emergency re- itures pending the receipt of collections to the account for projects in North Carolina: Pro- quirement pursuant to section 402 of the con- Fund: Provided further, That the general fund vided, That the amounts made available by the ference report to accompany S. Con. Res. 95 amount shall be reduced as collections are re- transfer of funds in or pursuant to this section (108th Congress): Provided further, That under ceived during the fiscal year so as to result in a are designated as an emergency requirement the heading ‘‘Health Resources and Services Ad- final appropriation from the general fund esti- pursuant to section 402 of the conference report ministration, Health Resources and Services’’, mated at not more than $0. to accompany S. Con. Res. 95 (108th Congress). the unobligated balance for the Health Profes- TITLE VI—GENERAL PROVISIONS AND RURAL HOUSING ASSISTANCE GRANTS sions Teaching Facilities Program authorized in TECHNICAL CORRECTIONS sections 726 and 805 of the Public Health Service SEC. 5102. Notwithstanding any other provi- AVAILABILITY OF FUNDS Act; the unobligated balance of the Health sion of law, the Secretary of Agriculture shall Teaching Construction Interest Subsidy Pro- SEC. 6001. No part of any appropriation con- consider the Village of New Miami, Ohio, a gram authorized in section 726 and title XVI of tained in this Act shall remain available for ob- rural area for purposes of eligibility for grants the Public Health Service Act; and the unobli- ligation beyond the current fiscal year unless funded through the Rural Housing Assistance gated balance of the AIDS Facilities Renovation expressly so provided herein. Grants account. and Support Program authorized in title XVI of REFERENCES TO EMERGENCY REQUIREMENTS WATERSHED PROJECTS IN WEST VIRGINIA the Public Health Service Act are all hereby re- SEC. 6002. Any reference in this Act to section SEC. 5103. Of the amount provided to the Sec- scinded: Provided further, That under the head- 402 of the conference report to accompany S. retary of Agriculture under the Consolidated ing ‘‘Office of the Secretary, Office of the In- Con. Res. 95 (108th Congress) shall be treated as Appropriations Act, 2005 (Public Law 108–447) spector General’’, the unobligated balance of the a reference to the emergency legislation section for the Lost River Watershed project, West Vir- Medicaid Fraud Control Program authorized in of H. Con. Res. 95 (109th Congress), if H. Con. ginia, $4,000,000 may be transferred to the Upper section 1903 of the Social Security Act and ap- Res. 95 (109th Congress) is adopted prior to the Tygart Watershed project, West Virginia, to be propriated to the Office of the Inspector General enactment of this Act. used under the same terms and conditions under in the Department of Health and Human Serv- RURAL BUSINESS-COOPERATIVE SERVICE which funds for that project were appropriated ices is hereby rescinded: Provided further, That SEC. 6003. None of the funds made available in section 735 of the Consolidated Appropria- under the heading ‘‘Assistant Secretary for by this or any other Act may be used to deny tions Act, 2004 (Public Law 108–199; 118 Stat. Health Scientific Activities Overseas (Special the provision of assistance under section 36). Foreign Currency Program)’’ the unobligated 310B(a)(1) of the Consolidated Farm and Rural FARM SERVICE AGENCY balance of the Scientific Activities Overseas Development Act (7 U.S.C. 1932(a)(1)) solely due (Special Foreign Currency Program) account to the failure of the Secretary of Labor to re- SEC. 5104. The funds made available in section within the Department of Health and Human 786 of title VII of the Agriculture, Rural Devel- spond to a request to certify assistance within Services is hereby rescinded. opment, Food and Drug Administration, and the time period specified in section 310B(d)(4) of For an additional amount for the ‘‘Public that Act. Related Agencies Appropriations Act, 2005 as Health and Social Services Emergency Fund’’ in contained in division A of the Consolidated Ap- MC CLELLAN KERR NAVIGATION SYSTEM ADVANCED title II of Public Law 108–447, $58,000,000, to re- OPERATIONS AND MAINTENANCE propriations Act, 2005 (Public Law 108–447) may main available until expended, to be transferred SEC. 6004. The last proviso under the heading be applied to accounts of Alaska dairy farmers to the Centers for Disease Control and Preven- ‘‘Operation and Maintenance’’ in title I of divi- owed to the Secretary of Agriculture. tion for the purchase of influenza counter- sion C of Public Law 108–447 is amended by CHAPTER 2 measures for the Strategic National Stockpile: striking ‘‘Public Law 108–357’’ and inserting Provided, That $58,000,000 appropriated by sec- DEPARTMENT OF THE INTERIOR ‘‘Public Law 108–137’’. tion 1897(g) of the Social Security Act, as added DEPARTMENTAL MANAGEMENT by section 1016 of the Medicare Prescription ENVIRONMENTAL INFRASTRUCTURE SEC. 6005. Section 101 of title I of division C of SALARIES AND EXPENSES Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173) is rescinded. Public Law 108–447 is amended by striking ‘‘per For an additional amount for ‘‘Departmental project’’ and all that follows through the period CHAPTER 4 Management’’, $3,000,000 to support deployment at the end and inserting ‘‘for all applicable pro- of business systems to the bureaus and offices of DEPARTMENT OF HOUSING AND URBAN grams and projects not to exceed $80,000,000 in the Department of the Interior, including the DEVELOPMENT each fiscal year.’’. Financial and Business Management System: HOUSING PROGRAMS DE SOTO COUNTY, MISSISSIPPI Provided, That the amount provided under this HOUSING FOR PERSONS WITH DISABILITIES SEC. 6006. Section 219(f)(30) of the Water Re- heading is designated as an emergency require- sources Development Act of 1992 (106 Stat. 4835; ment pursuant to section 402 of the conference (INCLUDING RESCISSION OF FUNDS) 106 Stat. 3757; 113 Stat. 334) is amended by strik- report to accompany S. Con. Res. 95 (108th Con- Of the amount made available under this ing ‘‘$20,000,000’’ and inserting ‘‘$55,000,000’’ in gress). heading in Public Law 108–447, $238,080,000 are rescinded. lieu thereof, and by striking ‘‘treatment’’ and RELATED AGENCY For an additional amount for ‘‘Housing for inserting ‘‘infrastructure’’ in lieu thereof: Pro- DEPARTMENT OF AGRICULTURE Persons with Disabilities’’, $238,080,000, to re- vided, That the Secretary is authorized and di- rected to reimburse the non-Federal local spon- FOREST SERVICE main available until September 30, 2006: Pro- vided, That these funds shall be available under sor of the project described in section 219(f)(30) CAPITAL IMPROVEMENT AND MAINTENANCE the same terms and conditions as authorized for of the Water Resources Development Act of 1992 For an additional amount for ‘‘Capital Im- funds under this heading in Public Law 108–447. (106 Stat. 4835; 106 Stat. 3757; 113 Stat. 334) for provement and Maintenance’’, $24,390,000, to re- costs incurred between May 13, 2002, and Sep- OFFICE OF FEDERAL HOUSING ENTERPRISE tember 30, 2005, in excess of the required non- main available until expended, to repair dam- OVERSIGHT ages to national forest facilities and lands Federal share if the Secretary determines that caused by severe storms in southern California: SALARIES AND EXPENSES such costs were incurred for work that is com- Provided, That such funds shall be available to (INCLUDING TRANSFER OF FUNDS) patible with and integral to the project: Pro- perform repair activities including, but not lim- For an additional amount for the ‘‘Office of vided further, That the non-Federal local spon- ited to, restoration of roads, trails and facilities; Federal Housing Enterprise Oversight’’ for car- sor, at its option, may choose to accept, in lieu removal of landslides; drainage protection; rying out the Federal Housing Enterprises Fi- of reimbursement, a credit against the non-Fed- waste removal; and stream stabilization: Pro- nancial Safety and Soundness Act of 1992, eral share of project cost incurred after May 13, vided further, That the amount provided under $5,000,000 to remain available until expended, to 2002. this heading is designated as an emergency re- be derived from the Federal Housing Enterprises FORT PECK FISH HATCHERY, MONTANA quirement pursuant to section 402 of the con- Oversight Fund but not any funds collected SEC. 6007. Section 325(f)(1)(A) of Public Law ference report to accompany S. Con. Res. 95 under section 1316(c) of the Federal Housing 106–541 is modified by striking ‘‘$20,000,000’’ and (108th Congress). Enterprises Financial Safety and Soundness Act inserting in lieu thereof ‘‘$25,000,000’’.

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INTERCOASTAL WATERWAY, DELAWARE RIVER TO If the Secretary determines the project to be riod at the end of ‘‘Defense Environmental Serv- CHESAPEAKE BAY, SR–1 BRIDGE, DELAWARE viable, the Secretary is further authorized to de- ices’’ the following: ‘‘: Provided, That to the ex- SEC. 6008. The first proviso under the heading sign and construct the sanctuary and to there- tent activities to be funded within the ‘Defense ‘‘Operation and Maintenance’’ in title I of divi- after operate and maintain the sanctuary. The Environmental Services’ cannot be funded with- sion C of Public Law 108–447 is amended by Secretary may enter into grant agreements, co- out unduly impacting mission activities and striking ‘‘October 1, 2003, and September 30, operative agreements, financial assistance statutory requirements, up to $30,000,000 from 2004’’ and inserting ‘‘October 1, 2004, and Sep- agreements, interagency agreements, and con- ‘Defense Site Acceleration Completion’ may be tember 30, 2005’’. tracts with Federal and non-Federal entities to used for these activities: Provided further, That OFFSHORE OIL AND GAS FABRICATION PORTS carry out the purposes of this Act. $2,000,000 is provided within available funds to SEC. 6009. In determining the economic jus- DESALINATION ACT EXTENSION support desalination activities in partnership tification for navigation projects involving off- SEC. 6015. Section 8 of Public Law 104–298 with the Bureau of Reclamation at the Tularosa shore oil and gas fabrication ports, the Sec- (The Water Desalination Act of 1996) (110 Stat. Basin desalination facility, New Mexico’’. retary of the Army, acting through the Chief of 3624) as amended by section 210 of Public Law DEFENSE SITE ACCELERATION COMPLETION Engineers, is directed to measure and include in 108–7 (117 Stat. 146) is amended by— TRANSFER TO WEAPONS ACTIVITIES the National Economic Development calculation (1) in paragraph (a) by striking ‘‘2004’’ and (INCLUDING TRANSFER OF FUNDS) the value of future energy exploration and pro- inserting in lieu thereof ‘‘2005’’; and SEC. 6021. Notwithstanding the provisions of duction fabrication contracts and transpor- (2) in paragraph (b) by striking ‘‘2004’’ and section 302 of Public Law 102–377 and section tation cost savings that would result from larger inserting in lieu thereof ‘‘2005’’. 4705 of Public Law 107–314, as amended, the De- navigation channels. ENERGY SUPPLY partment may transfer up to $4,000,000 from the ENVIRONMENTAL INFRASTRUCTURE SEC. 6016. In division C, title III of the Con- ‘Defense Site Acceleration Completion’ appro- SEC. 6010. In division C, title I of the Consoli- solidated Appropriations Act, 2005 (Public Law priation to the ‘Weapons Activities’ appropria- dated Appropriations Act, 2005 (Public Law 108– 108–447), the item relating to ‘‘Department of tion contained in the Consolidated Appropria- 447), the item relating to Corps of Engineers— Energy, Energy Programs, Energy Supply’’ is tions Act, 2005 (Public Law 108–447), division Civil, Construction, General, is amended by in- amended by inserting before the period at the C—Energy and Water Development. serting before the period at the end the fol- end the following: ‘‘: Provided, That $2,000,000 SMALL BUSINESS CONTRACTING lowing: ‘‘: Provided further, That of the funds is made available for the National Center for SEC. 6022. (a) Not later than September 30, made available herein for Ohio Environmental Manufacturing Sciences in Michigan: Provided 2005, the Department of Energy and the Small Infrastructure, $500,000 shall be used for the further, That $825,000 is made available for re- Business Administration shall enter into a Liberty Little Squaw Creek sewer upgrade and search and development in California to ad- memorandum of understanding setting forth an $1,000,000 shall be used for the Lake County, vance the state of metal hydride hydrogen stor- appropriate methodology for measuring the Concord Township sanitary sewer line improve- age’’. achievement of the Department of Energy with ment: Provided further, That of the funds made OFFICE OF SCIENCE respect to awarding contracts to small busi- available herein, $350,000 shall be used to com- SEC. 6017. In division C, title III of the Con- nesses. plete design for the St. Croix Falls, Wisconsin, solidated Appropriations Act, 2005 (Public Law (b) The methodology set forth in the memo- wastewater infrastructure project’’. 108–447), the item relating to ‘‘Department of randum of understanding entered into under INDIANA HARBOR, INDIANA Energy, Energy Programs, Science’’ is amended subsection (a) shall, at a minimum, include— SEC. 6011. The Secretary of the Army, acting by inserting ‘‘: Provided, That $2,000,000 is pro- (1) a method of counting the achievement of through the Chief of Engineers, is directed to vided within available funds to continue fund- the Department of Energy in awards of— complete, at full Federal expense, the Indiana ing for project #DE–FG0204ER63842–04090945, (A) prime contracts; and (B) subcontracts to small businesses awarded Harbor and Canal, Confined Disposal Facility, the Southeast Regional Cooling, Heating and by Department of Energy management and op- Indiana, currently under construction. Power and Bio-Fuel Application Center, and erating, management and integration, and other SEMINOLE TRIBE, BIG CYPRESS PROJECT $3,000,000 is provided from within available facility management prime contractors; and SEC. 6012. Section 528(b)(3) of the Water Re- funds for the University of Texas Southwestern (2) uniform criteria that could be used by sources Development Act of 1996 (110 Stat. 3769; Medical Center, University of Texas at Dallas prime contractors when measuring the value 113 Stat. 286) is amended by adding the fol- Metroplex Comprehensive Imaging Center: Pro- and number of subcontracts awarded to small lowing: vided further, That within funds made available ‘‘(5) The Seminole Tribe of Florida shall re- businesses. herein $500,000 is provided for the desalination (c)(1) Not later than September 30, 2005, the ceive a mitigation credit for 50 percent of the net plant technology program at the University of Administrator of the Small Business Administra- wetland benefits derived within the footprint of Nevada-Reno (UNR) and $500,000 for the Oral tion, the Chief Counsel for Advocacy of the the Big Cypress Seminole Reservation Water History of the Negotiated Settlement project at Small Business Administration, the Chairman of Conservation Plan Project. Such credit may be UNR: Provided further, That $4,000,000 is to be the Defense Nuclear Facilities Safety Board, the used to meet the mitigation requirements of sec- provided from within available funds to the Fire Secretary of Energy, and the Administrator of tion 404 of the Clean Water Act as they may Sciences Academy in Elko, Nevada, for purposes the National Nuclear Security Administration, apply to future projects proposed by the Semi- of capital debt service: Provided further, That shall jointly conduct a study regarding the fea- nole Tribe of Florida.’’. $2,000,000 is made available within available sibility of possible changes to management and SAN GABRIEL BASIN RESTORATION funds to upgrade chemistry laboratories at Drew operating contracts and other management con- SEC. 6013. (a) The matter under the heading University, New Jersey’’ after ‘‘$3,628,902,000’’. tracts within the Department of Energy to en- ‘‘Water and Related Resources’’ in title II of di- FOSSIL ENERGY courage new opportunities for small businesses vision C of Public Law 108–447 is amended by SEC. 6018. In division E, title II of the Consoli- to increase their role as prime contractors. inserting before the period at the end the fol- dated Appropriations Act, 2005 (Public Law 108– (2) In conducting the study under paragraph lowing: ‘‘: Provided further, That $4,023,000 of 447), the item relating to ‘‘Department of En- (1), the Administrator of the Small Business Ad- the funds appropriated under this heading shall ergy, Fossil Energy Research and Development’’ ministration, the Chief Counsel for Advocacy of be deposited in the San Gabriel Basin Restora- is amended by inserting before the period at the the Small Business Administration, the Chair- tion Fund established by section 110 of title I of end the following: ‘‘: Provided further, That man of the Defense Nuclear Facilities Safety division B of the Miscellaneous Appropriations $1,000,000 is made available for the National En- Board, the Secretary of Energy, and the Admin- Act, 2001 (as enacted into law by Public Law ergy Technology Laboratory in Pennsylvania to istrator of the National Nuclear Security Admin- 106–554)’’. work with the Borough of Versailles, Pennsyl- istration shall jointly consider the impact of (b) Section 110(a)(3)(A)(ii) of the Miscella- vania, to remediate leaks from abandoned nat- changes studied on— neous Appropriations Act, 2001 (as enacted into ural gas wells’’. (A) accountability, competition, and sound law by section 1(a)(4) of Public Law 106–554) as WEAPONS ACTIVITIES management practices at the Department of En- amended is further amended by inserting the (INCLUDING TRANSFER OF FUNDS) ergy and its facilities managed by prime con- words ‘‘and maintain’’ after the word ‘‘oper- tractors; SEC. 6019. Notwithstanding the provisions of ate’’. (B) safety, security, and oversight of Depart- section 302 of Public Law 102–377 and section SILVERY MINNOW OFF-CHANNEL SANCTUARIES ment of Energy facilities; and SEC. 6014. The Secretary of the Interior is au- 4705 of Public Law 107–314, as amended, the De- (C) the potential oversight and management thorized to perform such analyses and studies as partment may transfer up to $10,000,000 from the requirements necessary to implement the find- needed to determine the viability of establishing Weapons Activities appropriation for purposes ings of the study. an off-channel sanctuary for the Rio Grande of carrying out section 3147 of the Ronald W. (3) The Administrator of the Small Business Silvery Minnow in the Middle Rio Grande Val- Reagan National Defense Authorization Act for Administration, the Chief Counsel for Advocacy ley. In conducting these studies, the Secretary Fiscal Year 2005, Public Law 108–375: Provided, of the Small Business Administration, the shall take into consideration: That $825,000 is made available for cybersecurity Chairman of the Defense Nuclear Facilities (1) providing off-channel, naturalistic habitat at Department of Energy laboratories using the Safety Board, the Secretary of Energy, and the conditions for propagation, recruitment, and CimTrak technology. Administrator of the National Nuclear Security maintenance of Rio Grande silvery minnows; DEFENSE ENVIRONMENTAL SERVICES Administration shall report their joint findings and SEC. 6020. Title III of division C of the Con- to— (2) minimizing the need for acquiring water or solidated Appropriations Act, 2005 (Public Law (A) the Committee on Small Business and En- water rights to operate the sanctuary. 108–447) is amended by inserting before the pe- trepreneurship, the Committee on Energy and

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Natural Resources, the Committee on Armed propriations justification for fiscal year 2006 GULF ISLANDS NATIONAL SEASHORE Services, the Committee on Homeland Security shall be submitted within 15 days of enactment SEC. 6034. (a) The Secretary of the Interior and Government Affairs, and the Committee on of this Act: Provided further, That the Chief Fi- shall allow the State of Mississippi, its lessees, Appropriations of the Senate; and nancial Officer shall ensure that all planned ac- contractors, and permittees, to conduct, under (B) the Committee on Small Business, the tivities and amounts to be funded by the ‘‘De- reasonable regulation not inconsistent with ex- Committee on Energy and Commerce, the Com- partment of Homeland Security Working Capital traction of the oil and gas minerals reserved by mittee on Armed Services, the Committee on Fund’’, all reimbursable agreements, and all the State of Mississippi in the deed referenced in Homeland Security, and the Committee on Ap- uses of the Economy Act are explicitly identified subsection (b): propriations of the House of Representatives. in each Congressional appropriations justifica- (1) exploration, development and production (d)(1) Beginning on the date of enactment of tion in support of the President’s budget pro- operations on sites outside the boundaries of this Act and ending at the conclusion of fiscal vided for each agency and component of the De- Gulf Islands National Seashore that use direc- year 2007, in any case in which the Secretary of partment. tional drilling techniques which result in the Energy decides to break-out appropriate large OFFICE OF THE CHIEF INFORMATION OFFICER drill hole crossing into the Gulf Islands National prime contracts, known as the management and SEC. 6026. Of the funds provided under the Seashore and passing under any land or water operating contracts, for award to small busi- heading ‘‘Office of the Chief Information Offi- the surface of which is owned by the United nesses, the Secretary shall consider whether— cer’’ in Public Law 108–334, $5,000,000 shall not States, including terminating in bottom hole lo- (A) the services under the contract have pre- be obligated for salaries and expenses until an cations thereunder; and viously been provided by a small business con- (2) seismic and seismic-related exploration ac- expenditure plan is submitted to the Committees cern; and tivities inside the boundaries of Gulf Islands Na- on Appropriations of the Senate and the House (B) the contract is of the type capable of being tional Seashore to identify the oil and gas min- of Representatives for any information tech- performed by a small business concern. erals located within the boundaries of the Gulf nology project that: (1) is funded by the ‘‘Office (2) In the case of a contract awarded by the Islands National Seashore under the surface es- of the Chief Information Officer’’; or (2) is fund- Department of Energy as a result of a break-out tate conveyed by the State of Mississippi, all of ed by multiple components of the Department of of subcontracts previously awarded by manage- which oil and gas minerals the State of Mis- Homeland Security through reimbursable agree- ment and operating prime contractors and re- sissippi reserved the right to extract. ments: Provided, That such expenditure plan awarded as a small business prime contract (b) The provisions of subsection (a) shall not shall include each specific project funded, key under paragraph (1)— take effect until the State of Mississippi enters milestones, all funding sources for each project, (A) any such contract valued at more than into an agreement with the Secretary providing details of annual and lifecycle costs, and pro- $25,000,000 shall be required to have a subcon- that any actions by the United States in rela- jected cost savings or cost avoidance to be tracting plan for small businesses; and tion to the provisions in the section shall not achieved by project: Provided further, That the (B) the Secretary shall make a determination trigger any reverter of any estate conveyed by expenditure plan shall include a complete list of on the advisability of requiring a local presence the State of Mississippi to the United States all legacy systems operational as of March 1, for small business subcontractors. within the Gulf Islands National Seashore in 2003, the current operational status of each sys- NUCLEAR WASTE DISPOSAL Chapter 482 of the General Laws of the State of tem, and the plans for continued operation or Mississippi, 1971, and the quitclaim deed of June SEC. 6023. Title III of division C of the Con- termination of each system. solidated Appropriations Act, 2005 (Public Law 15, 1972. 108–447; 118 Stat. 2951) is amended in the matter RESCISSION OF FUNDS SURFACE MINING CONTROL AND RECLAMATION ACT under the heading ‘‘Nuclear Waste Disposal’’— SEC. 6027. Of the funds appropriated by Pub- SEC. 6035. Section 402(b) of the Surface Mining (1) by inserting ‘‘to be derived from the Nu- lic Law 108–334 (118 Stat. 1298, 1300, 1302), the Control and Reclamation Act of 1977 (30 U.S.C. clear Waste Fund and’’ after ‘‘$346,000,000,’’; following are rescinded: $500,000 under the 1232(b)) is amended by striking ‘‘June 30, 2005,’’ and heading ‘‘Office of the Secretary and Executive and inserting ‘‘September 30, 2005,’’. (2) in the second proviso, by striking ‘‘to con- Management’’; $3,300,000 under the heading RESIDENT AND NONRESIDENT HUNTING AND duct scientific oversight responsibilities and par- ‘‘Office of the Under Secretary for Manage- FISHING REGULATIONS ticipate in licensing activities pursuant to the ment’’; $76,000,000 under the heading ‘‘Customs SEC. 6036. STATE REGULATION OF RESIDENT Act’’ and inserting ‘‘to participate in licensing and Border Protection, Salaries and Expenses’’; AND NONRESIDENT HUNTING AND FISHING. (a) activities and other appropriate activities pursu- and $85,200,000 under the heading ‘‘Immigration SHORT TITLE.—This section may be cited as the ant to that Act’’. and Customs Enforcement, Salaries and Ex- ‘‘Reaffirmation of State Regulation of Resident DEPARTMENT OF HOMELAND SECURITY penses’’. and Nonresident Hunting and Fishing Act of SEC. 6028. Of the unobligated balances avail- WORKING CAPITAL FUND 2005’’. able in the ‘‘Department of Homeland Security (b) DECLARATION OF POLICY AND CONSTRUC- SEC. 6024. None of the funds appropriated or Working Capital Fund’’, $20,000,000 are re- TION OF CONGRESSIONAL SILENCE.— otherwise made available to the Department of scinded. (1) IN GENERAL.—It is the policy of Congress Homeland Security may be used to make pay- that it is in the public interest for each State to ments to the ‘‘Department of Homeland Security REPROGRAMMING AND TRANSFER OF FUNDS continue to regulate the taking for any purpose Working Capital Fund’’, except for the activities SEC. 6029. Any funds made available to the of fish and wildlife within its boundaries, in- for fiscal year 2005 contained in the April 11, Department of Homeland Security by this Act cluding by means of laws or regulations that 2005, report submitted to the Committees on Ap- shall be subject to the terms and conditions of differentiate between residents and nonresidents propriations of the Senate and the House of Title V of Public Law 108–334. of such State with respect to the availability of Representatives on the Department of Homeland BUREAU OF LAND MANAGEMENT, TECHNICAL licenses or permits for taking of particular spe- Security Working Capital Fund, and all activi- CORRECTION cies of fish or wildlife, the kind and numbers of ties and services funded by the Federal Emer- SEC. 6030. Section 144 of division E of Public fish and wildlife that may be taken, or the fees gency Management Agency ‘‘Working Capital Law 108–447 is amended in paragraph (b)(2) by charged in connection with issuance of licenses Fund’’ before March 1, 2003: Provided, That all striking ‘‘September 24, 2004’’ and inserting or permits for hunting or fishing. organizations shall be charged only for direct ‘‘November 12, 2004’’. (2) CONSTRUCTION OF CONGRESSIONAL SI- usage of each service: Provided further, That for FOREST SERVICE TRANSFER LENCE.—Silence on the part of Congress shall fiscal year 2005, funding for activities shall not SEC. 6031. Funds in the amount of $1,500,000, not be construed to impose any barrier under exceed the amounts listed in the Department of provided in Public Law 108–447 for the ‘‘Forest clause 3 of Section 8 of Article I of the Constitu- Homeland Security Working Capital Fund April Service, Capital Improvement and Mainte- tion (commonly referred to as the ‘‘commerce 11, 2005, report: Provided further, That any ad- nance’’ account, are hereby transferred to the clause’’) to the regulation of hunting or fishing ditional activities and amounts must be ap- ‘‘Forest Service, State and Private Forestry’’ ac- by a State or Indian tribe. proved by the Committees on Appropriations of count. (c) LIMITATIONS.—Nothing in this section the Senate and the House of Representatives 30 WEST YELLOWSTONE VISITOR INFORMATION shall be construed— days in advance of obligation. CENTER (1) to limit the applicability or effect of any SEC. 6025. The Department of Homeland Secu- Federal law related to the protection or manage- SEC. 6032. Notwithstanding any other provi- rity shall henceforth provide an appropriations ment of fish or wildlife or to the regulation of sion of law, the National Park Service is author- justification for the ‘‘Department of Homeland commerce; ized to expend appropriated funds for the con- Security Working Capital Fund’’ to the Commit- (2) to limit the authority of the United States struction, operations and maintenance of an ex- tees on Appropriations of the Senate and House to prohibit hunting or fishing on any portion of pansion to the West Yellowstone Visitor Infor- of Representatives: Provided, That an annual the lands owned by the United States; or appropriations justification shall be submitted mation Center to be constructed for visitors to, (3) to abrogate, abridge, affect, modify, super- to the Congress as a part of the President’s and administration of, Yellowstone National sede or alter any treaty-reserved right or other budget as submitted under Section 1105(a) of Park. right of any Indian tribe as recognized by any Title 31, United States Code, and shall contain PESTICIDES TOLERANCE FEES other means, including, but not limited to, the same level of detail as the Department’s SEC. 6033. None of the funds in this or any agreements with the United States, Executive Congressional appropriations justification in other Appropriations Act may be used by the Orders, statutes, and judicial decrees, and by support of the President’s budget: Provided fur- Environmental Protection Agency or any other Federal law. ther, That the ‘‘Department of Homeland Secu- Federal agency to develop, promulgate, or pub- (d) STATE DEFINED.—For purposes of this sec- rity Working Capital Fund’’ Congressional ap- lish a pesticides tolerance fee rulemaking. tion, the term ‘‘State’’ includes the several

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The referenced statement of the AK, working with the State of Alaska and Blossburg, PA for curriculum development, tech- managers under the heading ‘‘State and Tribal Catholic Community Services, for the Alaska nology and/or equipment’’; Assistance Grants’’ for the Environmental Pro- System for Early Education Development (20) the provision specifying $300,000 for tection Agency in Public Law 106–377, in ref- (SEED) shall be deemed to read ‘‘University of Venango County AVTS, Oil City, PA for cur- erence to item 80, is deemed to be amended by Alaska/Southeast in Juneau, AK, working with riculum development shall be deemed to read striking all after ‘‘for’’ and inserting in lieu the State of Alaska and Catholic Community ‘‘Venango County AVTS, Oil City, PA for cur- thereof ‘‘wastewater infrastructure improve- Services, for the Alaska System for Early Edu- riculum development, technology and/or equip- ments’’. cation Development (SEED)’’; ment’’; SEC. 6038. The referenced statement of the (7) the provision specifying $25,000 for QUILL (21) the provision specifying $100,000 for War- managers under the heading ‘‘State and Tribal Productions, Inc., Aston, PA, to develop and ren County Career Center, Warren, PA, for cur- Assistance Grants’’ for the Environmental Pro- disseminate programs to enhance the teaching riculum development shall be deemed to read tection Agency in Public Law 108–199 is deemed of American history shall be deemed to read ‘‘Warren County Career Center, Warren, PA for to be amended, in reference to item 331, by strik- ‘‘QUILL Entertainment Company, Aston, PA, to curriculum development, technology and/or ing all after ‘‘to’’ and inserting in lieu thereof develop and disseminate programs to enhance equipment’’; and ‘‘Wayne County, New York Water and Sewer the teaching of American history’’; (22) the provision specifying $100,000 for Authority for wastewater infrastructure im- (8) the provision specifying $780,000 for City of Wellsboro Area School District, Wellsboro, PA, provements’’ and, in reference to item 25, by St. Charles, MO for the St. Charles Foundry for curriculum development shall be deemed to striking all after ‘‘for’’ and inserting in lieu Arts Center in support of arts education shall be read ‘‘Wellsboro Area School District, Wellsboro, thereof ‘‘water and wastewater improvements’’. deemed to read ‘‘The Foundry Art Centre, St. PA for curriculum development, technology and/ SEC. 6039. The referenced statement of the Charles, Missouri for support of arts education or equipment’’. managers under the heading ‘‘State and Tribal in conjunction with the City of St. Charles, TECHNICAL CORRECTIONS—FUND FOR THE IM- Assistance Grants’’ for the Environmental Pro- MO’’; PROVEMENT OF POSTSECONDARY EDUCATION— tection Agency in Public Law 108–447 is deemed (9) the provision specifying $100,000 for Com- FISCAL YEAR 2005 to be amended, in reference to item 235, by strik- munity Arts Program, Chester, PA, for arts edu- SEC. 6042. In the statement of the managers of ing ‘‘$650,000’’ and inserting in lieu thereof cation shall be deemed to read ‘‘Chester Eco- the committee of conference accompanying H.R. ‘‘$1,000,000’’ and is deemed to be amended by nomic Development Authority, Chester, PA for a 4818 (Public Law 108–447; House Report 108– adding ‘‘668. $150,000 to the City of Oldsmar, community arts program’’; 792), in the matter in title III of division F, re- Florida for water and wastewater infrastructure (10) the provision specifying $100,000 for Kids lating to the Fund for the Improvement of Post- improvements.’’. with A Promise—The Bowery Mission, Bushkill, secondary Education under the heading ‘‘High- PA shall be deemed to read ‘‘Kids with A Prom- TRANSFER AUTHORITY er Education’’— ise—The Bowery Mission, New York, NY’’; (1) the provision specifying $145,000 for the SEC. 6040. (a) Section 102 of division F of Pub- (11) the provision specifying $50,000 for Great Belin-Blank Center at the University of Iowa, lic Law 108–447 is hereby repealed. Projects Film Company, Inc., Washington, DC, Iowa City, IA for the Big 10 school initiative to (b) Section 208 of division F of Public Law to produce ‘‘Educating America’’, a documen- improve minority student access to Advanced 108–447 is amended by inserting before the pe- tary about the challenges facing our public Placement courses shall be deemed to read ‘‘Uni- riod at the end the following: ‘‘: Provided fur- schools shall be deemed to read ‘‘Great Projects versity of Iowa, Iowa City, IA for the Iowa and ther, That such authority shall be limited to Film Company, Inc., New York, NY, to produce Israel: Partners in Excellence program to en- emergency use only, and is not to be used to cre- ‘Educating America’, a documentary about the hance math and science opportunities to rural ate new programs, or to fund any project or ac- challenges facing our public schools’’; Iowa students’’; tivity for which no funds were provided’’. (12) the provision specifying $30,000 for Sum- (2) the provision specifying $150,000 for Mercy TECHNICAL CORRECTIONS—FUND FOR THE mer Camp Opportunities Provide an Edge College, Dobbs Ferry, NY for the development of IMPROVEMENT OF EDUCATION—FISCAL YEAR 2005 (SCOPE), New York, NY for YMCA Camps a registered nursing program shall be deemed to SEC. 6041. In the statement of the managers of Skycrest, Speers and Elijabar shall be deemed to read ‘‘Mercy College, Dobbs Ferry, NY, for the the committee of conference accompanying H.R. read ‘‘American Camping Association for Sum- development of a master’s degree program in 4818 (Public Law 108–447; House Report 108– mer Camp Opportunities Provide an Edge nursing education, including marketing and re- 792), in the matter in title III of division F, re- (SCOPE), New York, NY for YMCA Camps cruitment activities’’; lating to the Fund for the Improvement of Edu- Skycrest and Speers-Elijabar’’; (3) the provision specifying $100,000 for Uni- cation under the heading ‘‘Innovation and Im- (13) the provision specifying $163,000 for Space versity of Alaska/Southeast to develop distance provement’’— Education Initiatives, Green Bay, WI for the education coursework for arctic engineering (1) the provision specifying $500,000 for the Wisconsin Space Science Initiative shall be courses and programs shall be deemed to read Mississippi Museum of Art, Jackson, MS for deemed to read ‘‘Space Education Initiatives, De ‘‘University of Alaska System Office to develop Hardy Middle School After School Program Pere, WI for the Wisconsin Space Science Initia- distance education coursework for arctic engi- shall be deemed to read ‘‘Mississippi Museum of tive’’; Art, Jackson, MS for a Mississippi Museum of (14) the provision specifying $100,000 for Clar- neering courses and programs’’; Art After-School Collaborative’’; ion County Career Center, Shippenville, PA for (4) the provision specifying $170,000 for (2) the provision specifying $2,000,000 for the curriculum development shall be deemed to read Shippensburg University Foundation, Milken Family Foundation, Santa Monica, CA, ‘‘Clarion County Career Center, Shippenville, Shippensburg, PA, for the Center for Land Use for the Teacher Advancement Program shall be PA for curriculum development, technology and/ shall be deemed to read ‘‘Shippensburg Univer- deemed to read ‘‘Teacher Advancement Program or equipment’’; sity, Shippensburg, PA, for the Center for Land Foundation, Santa Monica, CA for the Teacher (15) the provision specifying $100,000 for Cen- Use’’; and Advancement Program’’; tral Pennsylvania Institute of Science and (5) the provision specifying $100,000 for Cul- (3) the provision specifying $1,000,000 for Technology, Pleasant Gap, PA for curriculum ver-Stockton College, Canton, MO for equip- Batelle for Kids, Columbus, OH for a multi-state development shall be deemed to read ‘‘Central ment and technology shall be deemed to read effort to evaluate and learn the most effective Pennsylvania Institute of Science and Tech- ‘‘Moberly Area Community College, Moberly, ways for accelerating student academic growth nology, Pleasant Gap, PA for curriculum devel- MO for equipment and technology’’. shall be deemed to read ‘‘Battelle for Kids, Co- opment, technology and/or equipment’’; TECHNICAL CORRECTIONS—FUND FOR THE lumbus, OH for a multi-state effort to imple- (16) the provision specifying $100,000 for For- IMPROVEMENT OF EDUCATION—FISCAL YEAR 2004 ment, evaluate and learn the most effective est Area High School, Tionesta, PA, for cur- SEC. 6043. In the statement of the managers of ways for accelerating student academic riculum development shall be deemed to read the committee of conference accompanying H.R. growth’’; ‘‘Forest Area High School, Tionesta, PA for cur- 2673 (Public Law 108–199; House Report 108– (4) the provision specifying $750,000 for the In- riculum development, technology and/or equip- 401), in the matter in title III of division E, re- stitute of Heart Math, Boulder Creek, CO for a ment’’; lating to the Fund for the Improvement of Edu- teacher retention and student dropout preven- (17) the provision specifying $100,000 for Jer- cation under the heading ‘‘Innovation and Im- tion program shall be deemed to read ‘‘Institute sey Shore High School, Jersey Shore, PA, for provement’’ the provision specifying $1,500,000 of Heart Math, Boulder Creek, CA for a teacher curriculum development shall be deemed to read for the University of Alaska at Fairbanks for retention and student dropout prevention pro- ‘‘Jersey Shore High School, Jersey Shore, PA for Alaska System for Early Education Development gram’’; curriculum development, technology and/or (SEED) program to expand early childhood serv- (5) the provision specifying $200,000 for Fair- equipment’’; ices and to train Early Head Start teachers with fax County Public Schools, Fairfax, VA for Chi- (18) the provision specifying $100,000 for AAS degrees for positions in rural Alaska shall nese language programs in Franklin Sherman Montgomery Area School District, Montgomery, be deemed to read ‘‘University of Alaska/South- Elementary School and Chesterbrook Elemen- PA for curriculum development shall be deemed east in Juneau, AK, working with the State of tary School in McLean, Virginia shall be to read ‘‘Montgomery Area School District, Alaska and Catholic Community Services, for

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the Alaska System for Early Education Develop- expenses’’ in the Legislative Branch Appropria- SEC. 6056. (a) Section 619(a) of title VI of divi- ment (SEED) program to expand early child- tions Act, 2005 (Public Law 108–447; 118 Stat. sion B of Public Law 108–447 is amended by hood services and to train Early Head Start 3187), is amended by striking the period at the striking ‘‘for the continued modernization of the teachers with AAS degrees for positions in rural end and inserting the following: ‘‘: Provided Mason Building’’. Alaska’’. further, That notwithstanding any provision of (b) Section 621 of title VI of division B of Pub- CORPORATION FOR NATIONAL AND COMMUNITY chapter 8 of title 17, United States Code, any lic Law 108–199, as amended by Public Law 108– SERVICE FOR GRANT REVIEWS amounts made available under this heading 447, is amended by striking ‘‘, for the continued SEC. 6044. The matter under the heading which are attributable to royalty fees and pay- modernization of the Mason Building’’. ‘‘Corporation for National and Community ments received by the Copyright Office pursuant SEC. 6057. (a) Section 633 of the Departments Service—National and Community Service Pro- to sections 111 and 119, and chapter 10 of such of Commerce, Justice, and State, the Judiciary, grams Operating Expenses’’ in title III of divi- title may be used for the costs incurred in the and Related Agencies Appropriations Act, 2001 sion I of Public Law 108–447 is amended by in- administration of the Copyright Royalty Judges (as enacted into law by Public Law 106–553) and serting before the period at the end the fol- program during any portion of fiscal year 2005 section 629 of the Departments of Commerce, lowing: ‘‘: Provided further, That the Corpora- in which such program is in effect.’’. Justice, and State, the Judiciary, and Related tion may use up to 1 percent of program grant (b) The amendment made by subsection (a) Agencies Appropriations Act, 2002 (Public Law funds made available under this heading to de- shall take effect as if included in the enactment 107–77) are each amended by striking ‘‘NTTC at fray its costs of conducting grant application re- of the Legislative Branch Appropriations Act, Wheeling Jesuit University’’ and inserting views, including the use of outside peer review- 2005. ‘‘West Virginia High Technology Consortium ers’’. CAPITOL VISITOR CENTER Foundation’’. MEDICARE HEALTH CARE INFRASTRUCTURE SEC. 6049. (a) The item relating to ‘‘Architect (b) The amendments made by subsection (a) IMPROVEMENT PROGRAM of the Capitol—Capitol Visitor Center’’ in the shall apply to the remaining balances of the SEC. 6045. (a) IN GENERAL.—Section 1897(c) of Legislative Branch Appropriations Act, 2002 grants involved. the Social Security Act (42 U.S.C. 1395hhh(c)) is (Public Law 107–68; 115 Stat. 588), is amended TECHNICAL CORRECTION—BANKRUPTCY amended— by striking ‘‘chair and ranking minority member SEC. 6058. (a) Section 325 of the Bankruptcy (1) in paragraph (2)— of the’’. Abuse Prevention and Consumer Protection Act (A) in the matter preceding subparagraph (A), (b) The amendment made by subsection (a) of 2005 is amended to read as follows: by inserting ‘‘or an entity described in para- shall take effect as if included in the enactment graph (3)’’ after ‘‘means a hospital’’; and of the Legislative Branch Appropriations Act, ‘‘SEC. 325. UNITED STATES TRUSTEE PROGRAM (B) in subparagraph (B)— 2002. FILING FEE INCREASE. (i) by inserting ‘‘legislature’’ after ‘‘State’’ the TECHNICAL CORRECTION ‘‘(a) BANKRUPTCY FILING FEES.—Section first place it appears; and SEC. 6050. Notwithstanding any other provi- 1930(a) of title 28, United States Code, is amend- (ii) by inserting ‘‘and such designation by the sion of law, unexpended and unobligated funds ed— State legislature occurred prior to December 8, appropriated by Public Law 108–7 to the ac- ‘‘(1) by striking paragraph (1) and inserting 2003’’ before the period at the end; and counts under the heading ‘‘SENATE’’ relating the following: (2) by adding at the end the following new to Legislative Branch appropriations shall re- ‘‘ ‘(1) For a case commenced under— paragraph: ‘‘ ‘(A) chapter 7 of title 11, $220, and ‘‘(3) ENTITY DESCRIBED.—An entity described main available without fiscal year limitation: in this paragraph is an entity that— Provided, That the amount provided under this ‘‘ ‘(B) chapter 13 of title 11, $150.’; and ‘‘(A) is described in section 501(c)(3) of the In- heading is designated as an emergency require- ‘‘(2) in paragraph (3), by striking ‘$800’ and ternal Revenue Code of 1986 and exempt from ment pursuant to section 402 of the conference inserting ‘$1,000’. tax under section 501(a) of such Code; report to accompany S. Con. Res. 95 (108th Con- ‘‘(b) UNITED STATES TRUSTEE SYSTEM FUND.— ‘‘(B) has at least 1 existing memorandum of gress). Section 589a(b) of title 28, United States Code, is understanding or affiliation agreement with a TECHNICAL CORRECTIONS—NATIONAL OCEANIC amended— hospital located in the State in which the entity AND ATMOSPHERIC ADMINISTRATION—FISCAL ‘‘(1) by striking paragraph (1) and inserting is located; and YEAR 2005 the following: ‘‘(C) retains clinical outpatient treatment for SEC. 6051. The referenced statement of man- ‘‘ ‘(1)(A) 40.46 percent of the fees collected cancer on site as well as lab research and edu- agers under the heading ‘‘National Oceanic and under section 1930(a)(1)(A); and cation and outreach for cancer in the same fa- Atmospheric Administration’’ in title II of divi- ‘‘ ‘(B) 28.33 percent of the fees collected under cility.’’. sion B of Public Law 108–447 is deemed to be section 1930(a)(1)(B);’; and (b) LIMITATION ON REVIEW.—Section 1897 of amended after ‘‘Bonneau Ferry, SC’’ by striking ‘‘(2) in paragraph (2), by striking ‘one-half’ the Social Security Act (42 U.S.C. 1395hhh(c)) is ‘‘20,000’’ and inserting ‘‘19,200’’ in the ‘‘Pro- and inserting ‘55 percent’. amended by adding at the end the following curement, Acquisition and Construction’’ ac- ‘‘(c) COLLECTIONS AND DEPOSITS OF MIS- new subsection: count: Provided, That the difference in these CELLANEOUS BANKRUPTCY FEES.—Section 406(b) ‘‘(i) LIMITATION ON REVIEW.—There shall be amounts is available for transfer to the ‘‘Oper- of the Judiciary Appropriations Act, 1990 (28 no administrative or judicial review of any de- ations, Research, and Facilities’’ account for U.S.C. 1931 note) is amended by striking ‘pursu- termination made by the Secretary under this ‘‘Response and Restoration Base’’. ant to 28 U.S.C. section 1930(b)’ and all that fol- section.’’. SEC. 6052. The referenced statement of man- lows through ‘28 U.S.C. section 1931’ and insert- (c) EFFECTIVE DATE.—The amendments made agers under the heading ‘‘National Oceanic and ing ‘under section 1930(b) of title 28, United by this section shall take effect as if included in Atmospheric Administration’’ in title II of divi- States Code, 28.87 percent of the fees collected the enactment of section 1016 of the Medicare sion B of Public Law 108–447 is deemed to be under section 1930(a)(1)(A) of that title, 35.00 Prescription Drug, Improvement, and Mod- amended under the heading ‘‘Construction/Ac- percent of the fees collected under section ernization Act of 2003 (Public Law 108–173; 117 quisition, Coastal and Estuarine Land Con- 1930(a)(1)(B) of that title, and 25 percent of the Stat. 2447). servation Program’’ by striking ‘‘Tonner Can- fees collected under section 1930(a)(3) of that APPLICATION PROCESSING AND ENFORCEMENT yon, CA’’ and inserting ‘‘Tolay Lake, Sonoma title shall be deposited as offsetting receipts to FEES County, CA’’. the fund established under section 1931 of that SEC. 6046. Section 286(s)(6) of the Immigration SEC. 6053. The referenced statement of man- title’.’’. and Nationality Act (8 U.S.C. 1356(s)(6)) is agers under the heading ‘‘National Oceanic and (b) This section and the amendment made by amended in the second sentence by inserting Atmospheric Administration’’ in title II of divi- this section shall take effect immediately after ‘‘and section 212(a)(5)(A)’’ before the period at sion B of Public Law 108–447 is deemed to be the enactment of the Bankruptcy Abuse Preven- the end. amended under the heading ‘‘Construction/Ac- tion and Consumer Protection Act of 2005. TECHNICAL CORRECTION—HIGHER EDUCATION quisition, Coastal and Estuarine Land Con- DEPARTMENT OF COMMERCE—CONFERENCE (INCLUDING RESCISSION OF FUNDS) servation Program’’ by striking ‘‘Port Aransas SEC. 6059. Within the amount provided for the SEC. 6047. (a) RESCISSION.—Of the funds made Nature Preserve Wetlands Project, TX—3,000’’ Department of Commerce in division B of Public available under the heading ‘‘Higher Edu- and under the heading ‘‘Section 2 (FWCA) Law 108–447, the Secretary of Commerce shall cation’’ in title III of division F of Public Law Coastal/Estuarine Land Acquisition’’ by insert- convene a national conference on science, tech- 108–447, $496,000 is rescinded, to be derived from ing ‘‘Port Aransas Nature Preserve Wetlands nology, trade and manufacturing. the amount provided pursuant to the last pro- Project, TX—3,000’’. viso under such heading for the IWF Leadership SMALL BUSINESS ADMINISTRATION—TECHNICAL TECHNICAL CORRECTION—9/11 HEROES Foundation, Washington, DC, for a scholarship CORRECTIONS SEC. 6060. Subsection (d) of the section 124 fund. SEC. 6054. Section 621 of title VI of division B that appears under the item relating to ‘‘Gen- (b) APPROPRIATION.—The amount rescinded of Public Law 108–199 is amended by striking eral Provisions—Department of Justice’’ of the by subsection (a) is appropriated for ‘‘General ‘‘of passenger, cargo and other aviation serv- Consolidated Appropriations Act of 2005 (Public Services Administration—Operating Expenses’’, ices’’. Law 108–447) is amended— for a grant to the IWF Leadership Foundation, SEC. 6055. Section 619(a) of title VI of division (1) in paragraph (2), by striking ‘‘with the Washington, DC, for a scholarship fund. B of Public Law 108–447 is amended by striking Secretary of the Treasury to prepare and strike, COPYRIGHT ROYALTY JUDGES ‘‘Asheville-Buncombe Technical Community on a reimbursable basis,’’ and inserting ‘‘for SEC. 6048. (a) The item relating to ‘‘LIBRARY College’’ and inserting ‘‘the International Small striking’’; and OF CONGRESS—Copyright Office—salaries and Business Institute’’. (2) by striking paragraph (3).

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TECHNICAL CORRECTIONS—DEPARTMENT OF TECHNICAL CORRECTIONS—GENERAL SERVICES (2) with respect to item number 667 by striking TRANSPORTATION ADMINISTRATION ‘‘to the Town of Appomattox, Virginia for facili- SEC. 6061. The matter under the heading SEC. 6067. Under the heading ‘‘Federal Build- ties construction of an African-American cul- ‘‘Federal Transit Administration, Capital In- ings Fund’’ in title IV of division H of Public tural and heritage museum at the Carver-Price vestment Grants’’ in title I of division H of Pub- Law 108–447, strike ‘‘$60,000,000’’ and insert in building’’ and inserting ‘‘to the County of Ap- lic Law 108–447 is amended by striking lieu thereof ‘‘$60,600,000’’ in reference to the Las pomattox, Virginia for renovation of the Carver- ‘‘$3,591,548’’ and inserting ‘‘$1,362,683’’ and by Cruces United States Courthouse. Price building’’; striking ‘‘$22,554,144’’ and inserting SEC. 6068. Section 408 in title IV of division H (3) with respect to item number 668 by striking ‘‘$12,998,815’’: Provided, That the amount of of Public Law 108–447 is amended by striking ‘‘for the Town of South Boston, Virginia for new fixed guideway funds available for each ‘‘Section 572(a)(2)(ii)’’ and inserting in lieu renovations and creation of a community arts project expected to complete its full funding thereof ‘‘Section 572(a)(2)(A)(ii)’’. center at the Prizery’’ and inserting ‘‘for The Prizery in South Boston, Virginia for renova- grant agreement this fiscal year shall not exceed TECHNICAL CORRECTIONS—DEPARTMENT OF tions and creation of a community arts center’’; the amount which, when reduced by the across- HOUSING AND URBAN DEVELOPMENT (4) with respect to item number 669 by striking the-board rescission of 0.80 percent of such Act, SEC. 6069. (a) The referenced statement of the is equal to the amount of new fixed guideway ‘‘for the City of Moneta, Virginia for facilities managers under the heading ‘‘Community De- construction and renovations of an art, edu- funds required to complete the commitment of velopment Fund’’ in title II of division I of Pub- Federal new fixed guideway funds reflected in cation, and community outreach center’’ and in- lic Law 108–447 is deemed to be amended— serting ‘‘for the Moneta Arts, Education, and the project’s full funding grant agreement: Pro- (1) with respect to item 230 by striking ‘‘City’’ vided further, That of the new fixed guideway Community Outreach Center in Moneta, Vir- and inserting ‘‘Port’’; ginia for facilities construction and renova- funds available in Public Law 108–447, (2) with respect to item 233 by inserting ‘‘Port $1,352,899 shall be available for the Northern tions’’; of’’ before the words ‘‘Brookings Harbor’’; and (5) with respect to item number 910 by striking New Jersey Newark Rail Link MOS 1 project, no (3) with respect to item number 30 by inserting ‘‘repairs to’’ and inserting ‘‘renovation and con- funds shall be available for the Northern New ‘‘to be used for planning, design, and construc- struction of’’; Jersey Newark-Elizabeth Rail Line MOS 1 tion’’ after ‘‘California,’’. (6) with respect to item number 902 by striking project, and $316,427 shall be available for the SEC. 6070. The referenced statement of man- ‘‘City of Brooklyn’’ and inserting ‘‘Fifth Ave Northern New Jersey Hudson-Bergen Light Rail agers under the heading ‘‘Community Develop- Committee in Brooklyn’’; and MOS 1 project. ment Fund’’ in title II of division K of Public (7) with respect to item number 244 by insert- SEC. 6062. Notwithstanding any other provi- Law 108–7 is deemed to be amended— ing ‘‘Historic’’ before the words ‘‘Village, Inc’’. sion of law, in section 1602 of the Transpor- (1) with respect to item number 39 by striking SEC. 6073. (a) Section 222 of title II of division tation Equity Act for the 21st Century, item ‘‘Conference and Workforce Center in Harrison, I of Public Law 108–447 is deleted; and number 744 is amended by striking ‘‘Preliminary Arkansas’’ and inserting ‘‘in Harrison, Arkan- (b) Section 203(c)(1) of the National Housing design of Route 2 Connector to Downtown sas for facilities construction of the North Ar- Act (12 U.S.C. 1709(c)) is amended by— Fitchburg’’ and inserting ‘‘design, construction/ kansas College Health Sciences Education Cen- (1) striking ‘‘subsections’’ and inserting ‘‘sub- reconstruction and right of way acquisition for ter’’; and section’’, and roadway improvements along the Route 12 cor- (2) with respect to item number 316 by striking (2) striking ‘‘or (k)’’ each place that it ap- ridor in Leominster and Fitchburg to enhance ‘‘for renovation of a visitor center to accommo- pears. access from Route 2 to North Leominster and date a Space and Flight Center’’ and inserting SEC. 6074. Section 255(g) of the National Hous- Downtown Fitchburg’’. ‘‘to build-out the Prince George’s County Eco- ing Act (12 U.S.C. 1715z–20(g)) is amended by SEC. 6063. Section 198 of division H of Public nomic Development and Business Assistance striking ‘‘150,000’’ and inserting ‘‘250,000’’. SEC. 6075. The matter under the heading relat- Law 108–447 is amended by inserting ‘‘under Center’’. ing to ‘‘PUBLIC AND INDIAN HOUSING—PUBLIC title 23 of the United States Code’’ after ‘‘law’’. SEC. 6071. The referenced statement of the HOUSING CAPITAL FUND’’ in title II of the De- PAYMENTS TO AIR CARRIERS managers under the heading ‘‘Community De- partment of Veterans Affairs and Housing and SEC. 6064. Notwithstanding any other provi- velopment Fund’’ in title II of division G of Urban Development, and Independent Agencies sion of law, for the current fiscal year and any Public Law 108–199 is deemed to be amended— Appropriations Act, 2005 (enacted as Division I period covered by an Act making continuing ap- (1) with respect to item number 56 by striking of the Consolidated Appropriations Act, 2005 propriations for fiscal year 2006, all overflight ‘‘Conference and Training Center’’ and insert- (Pub. L. 108–447, 118 Stat. 3297)) is amended by fees collected and credited to the account estab- ing ‘‘North Arkansas College Health Sciences striking the 8th proviso and inserting the fol- lished under section 45303(a) of title 49, United Education Center’’; lowing: ‘‘: Provided further, That up to States Code, shall be made available imme- (2) with respect to item number 102 by striking $3,000,000 is to support the costs of administra- diately for obligation and expenditure to meet ‘‘to the Town of Groveland, California for pur- tive and judicial receiverships’’. the costs of the essential air service program chase of a youth center’’ and inserting ‘‘to the PREPACKAGED NEWS under 49 U.S.C. 41731 through 41742: Provided, County of Tuolomne for the purchase of a new SEC. 6076. Unless otherwise authorized by ex- That, if the funds in this account are insuffi- youth center in the mountain community of isting law, none of the funds provided in this cient to meet the costs of the essential air service Groveland’’; Act or any other Act, may be used by an execu- program in such fiscal year, the Secretary of (3) with respect to item number 218 by striking tive branch agency to produce any prepackaged Transportation shall transfer such sums as may ‘‘for construction’’ and inserting ‘‘for design news story intended for broadcast or distribu- be necessary to carry out the essential air serv- and engineering’’; tion in the United States unless the story in- ice program from any available amounts appro- (4) with respect to item number 472 by striking cludes a clear notification within the text or priated to or directly administered by the Office ‘‘for sidewalk, curbs and facade improvements audio of the prepackaged news story that the of the Secretary for such fiscal year. in the Morton Avenue neighborhood’’ and in- prepackaged news story was prepared or funded MARITIME ADMINISTRATION serting ‘‘for streetscape renovation’’; by that executive branch agency. SEC. 6065. No provision of this Act may be con- (5) with respect to item number 493 by striking LOCAL BUDGET AUTHORITY FOR THE DISTRICT OF strued as altering or amending the force or ef- ‘‘for land acquisition’’ and inserting ‘‘for plan- COLUMBIA fect of any of the following provisions of law as ning and design of its Sports and Recreation currently applied: Center and Education Complex’’; SEC. 6077. The District of Columbia Appro- (1) Sections 2631 and 2631a of title 10, United (6) with respect to item number 122 by insert- priations Act, 2005 (Public Law 108–335) ap- States Code. ing ‘‘to be used for planning, design, and con- proved October 18, 2004, is amended as follows: (2) Sections 901(b) and 901b of the Merchant (1) Section 331 is amended as follows: struction’’ after ‘‘California,’’; (A) in the first sentence by striking Marine Act, 1936 (46 U.S.C. App. 1241(b), 1241f). (7) with respect to item number 369 by striking ‘‘$15,000,000’’ and inserting ‘‘$42,000,000, to re- (3) Public Resolution Numbered 17, Seventy- ‘‘for the’’ after ‘‘Michigan’’ and inserting ‘‘to be main available until expended,’’ in its place, third Congress (48 Stat. 500). used for planning, design, and construction of (4) Any other similar provision of law requir- and the’’; and (B) by amending subsection (5) to read as fol- ing the use of privately owned United States (8) with respect to item number 450 by striking lows: flag commercial vessels for certain transpor- ‘‘V.I.C.T.E.M. Family Center in Washoe Coun- ‘‘(5) The amounts may be obligated or ex- tation purposes of the United States. ty, Nevada for the construction of a facility for pended only if the Mayor notifies the Commit- THE JUDICIARY multi-purpose social services referral and victim tees on Appropriations of the House of Rep- SEC. 6066. Section 308 of division B of Public counseling;’’ and inserting ‘‘Washoe County, resentatives and Senate in writing 30 days in Law 108–447 is amended by striking all after the Nevada for a facility and equipment for the advance of any obligation or expenditure.’’. words ‘‘shall be deposited’’, and inserting ‘‘as SART/CARES victim programs;’’. (2) By inserting a new section before the short offsetting receipts to the fund established under SEC. 6072. The referenced statement of the title at the end to read as follows: 28 U.S.C. 1931 and shall remain available to the managers under the heading ‘‘Community De- ‘‘SEC. 348. The amount appropriated by this Judiciary until expended to reimburse any ap- velopment Fund’’ in title II of division I of Pub- Act may be increased by an additional amount propriation for the amount paid out of such ap- lic Law 108–447 is deemed to be amended as fol- of $206,736,000 (including $49,927,000 from local propriation for expenses of the Courts of Ap- lows— funds and $156,809,000 from other funds) to be peals, District Courts, and Other Judicial Serv- (1) with respect to item number 706 by striking transferred by the Mayor of the District of Co- ices and the Administrative Offices of the ‘‘ a public swimming pool’’ and inserting ‘‘recre- lumbia to the various headings under this Act United States Courts.’’. ation fields’’; as follows:

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‘‘(1) $174,927,000 (including $34,927,000 from ‘‘(i) IN GENERAL.—The burden of proof is on ‘‘(ii) with respect to any form of relief that is local funds and $140,000,000 from other funds) the applicant to establish that the applicant is granted in the exercise of discretion, that the shall be transferred under the heading ‘Govern- a refugee, within the meaning of section alien merits a favorable exercise of discretion. ment Direction and Support’: Provided, That of 101(a)(42)(A). To establish that the applicant is ‘‘(B) SUSTAINING BURDEN.—The applicant the funds, $33,000,000 from local funds shall re- a refugee within the meaning of such section, must comply with the applicable requirements to main available until expended: Provided fur- the applicant must establish that race, religion, submit information or documentation in support ther, That of the funds, $140,000,000 from other nationality, membership in a particular social of the applicant’s application for relief or pro- funds shall remain available until expended and group, or political opinion was or will be at tection as provided by law or by regulation or in shall only be available in conjunction with rev- least one central reason for persecuting the ap- the instructions for the application form. In enue from a private or alternative financing plicant. evaluating the testimony of the applicant or proposal approved pursuant to section 106 of DC ‘‘(ii) SUSTAINING BURDEN.—The testimony of other witness in support of the application, the Act 15–717, the ‘Ballpark Omnibus Financing the applicant may be sufficient to sustain the immigration judge will determine whether or not and Revenue Act of 2004’ approved by the Dis- applicant’s burden without corroboration, but the testimony is credible, is persuasive, and re- trict of Columbia, December 29, 2004, and only if the applicant satisfies the trier of fact fers to specific facts sufficient to demonstrate ‘‘(2) $15,000,000 from local funds shall be that the applicant’s testimony is credible, is per- that the applicant has satisfied the applicant’s transferred under the heading ‘Repayment of suasive, and refers to specific facts sufficient to burden of proof. In determining whether the ap- Loans and Interest’, and demonstrate that the applicant is a refugee. In plicant has met such burden, the immigration ‘‘(3) $14,000,000 from other funds shall be determining whether the applicant has met the judge shall weigh the credible testimony along transferred under the heading ‘Sports and En- applicant’s burden, the trier of fact may weigh with other evidence of record. Where the immi- tertainment Commission’, and the credible testimony along with other evidence gration judge determines that the applicant ‘‘(4) $2,809,000 from other funds shall be trans- of record. Where the trier of fact determines that should provide evidence which corroborates oth- ferred under the heading ‘Water and Sewer Au- the applicant should provide evidence that cor- erwise credible testimony, such evidence must be thority’.’’. roborates otherwise credible testimony, such evi- provided unless the applicant demonstrates that USE OF FUNDS FOR EMERGENCY PREPAREDNESS dence must be provided unless the applicant the applicant does not have the evidence and CENTERS does not have the evidence and cannot reason- cannot reasonably obtain the evidence. SEC. 6078. Section 114 of title I of division I of ably obtain the evidence. ‘‘(C) CREDIBILITY DETERMINATION.—Consid- the Consolidated Appropriations Act, 2005 (Pub- ‘‘(iii) CREDIBILITY DETERMINATION.—Consid- ering the totality of the circumstances, and all lic Law 108–447) is amended by inserting before ering the totality of the circumstances, and all relevant factors, the immigration judge may the period ‘‘and section 303 of Public Law 108– relevant factors, a trier of fact may base a credi- base a credibility determination on the de- 422’’. bility determination on the demeanor, candor, meanor, candor, or responsiveness of the appli- COLLECTIONS DEPOSITED INTO PROJECT or responsiveness of the applicant or witness, cant or witness, the inherent plausibility of the CONSTRUCTION ACCOUNTS the inherent plausibility of the applicant’s or applicant’s or witness’s account, the consistency SEC. 6079. Section 117 of title I of division I of witness’s account, the consistency between the between the applicant’s or witness’s written and the Consolidated Appropriations Act, 2005 (Pub- applicant’s or witness’s written and oral state- oral statements (whenever made and whether or lic Law 108–447) is amended by striking ‘‘that ments (whenever made and whether or not not under oath, and considering the cir- are deposited into the Medical Care Collections under oath, and considering the circumstances cumstances under which the statements were Fund may be transferred and merged with’’ and under which the statements were made), the in- made), the internal consistency of each such inserting ‘‘may be deposited into the’’. ternal consistency of each such statement, the statement, the consistency of such statements with other evidence of record (including the re- CONTRACTS FOR HOSPITAL CARE AND MEDICAL consistency of such statements with other evi- ports of the Department of State on country SERVICES dence of record (including the reports of the De- conditions), and any inaccuracies or falsehoods SEC. 6080. Section 1703(d)(2) of title 38, United partment of State on country conditions), and in such statements, without regard to whether States Code, is amended by striking ‘‘shall be any inaccuracies or falsehoods in such state- an inconsistency, inaccuracy, or falsehood goes available for the purposes’’ and inserting ‘‘shall ments, without regard to whether an inconsist- to the heart of the applicant’s claim, or any be available, without fiscal year limitation, for ency, inaccuracy, or falsehood goes to the heart other relevant factor. There is no presumption the purposes’’. of the applicant’s claim, or any other relevant factor. There is no presumption of credibility, of credibility, however, if no adverse credibility IMPLEMENTATION OF MISSION CHANGES AT SPE- however, if no adverse credibility determination determination is explicitly made, the applicant CIFIC VETERANS HEALTH ADMINISTRATION FA- is explicitly made, the applicant or witness shall or witness shall have a rebuttable presumption CILITIES have a rebuttable presumption of credibility on of credibility on appeal.’’. SEC. 6081. (a) IN GENERAL.—Section 414 of the appeal.’’. (e) STANDARD OF REVIEW FOR ORDERS OF RE- Veterans Health Programs Improvement Act of (b) EXCEPTIONS TO ELIGIBILITY FOR ASY- MOVAL.—Section 242(b)(4) of the Immigration 2004, is amended by adding at the end the fol- LUM.—Section 208(b)(2)(A)(v) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is lowing: and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) amended by adding at the end, after subpara- ‘‘(h) DEFINITION.—In this section, the term is amended— graph (D), the following: ‘‘No court shall re- ‘medical center’ includes any outpatient clin- (1) by striking ‘‘inadmissible under’’ each verse a determination made by a trier of fact ic.’’. place such term appears and inserting ‘‘de- with respect to the availability of corroborating (b) EFFECTIVE DATE.—The amendment made evidence, as described in section 208(b)(1)(B), by subsection (a) shall take effect as if included scribed in’’; and (2) by striking ‘‘removable under’’. 240(c)(4)(B), or 241(b)(3)(C), unless the court in the Veterans Health Programs Improvement finds, pursuant to section 242(b)(4)(B), that a Act of 2004 (Public Law 108–422). (c) WITHHOLDING OF REMOVAL.—Section 241(b)(3) of the Immigration and Nationality Act reasonable trier of fact is compelled to conclude This division may be cited as the ‘‘Emergency that such corroborating evidence is unavail- Supplemental Appropriations Act for Defense, (8 U.S.C. 1231(b)(3)) is amended by adding at the end the following: able.’’. the Global War on Terror, and Tsunami Relief, (f) CLARIFICATION OF DISCRETION.—Section ‘‘(C) SUSTAINING BURDEN OF PROOF; CREDI- 2005’’. 242(a)(2)(B) of the Immigration and Nationality BILITY DETERMINATIONS.—In determining DIVISION B—REAL ID ACT OF 2005 whether an alien has demonstrated that the Act (8 U.S.C. 1252(a)(2)(B)) is amended— (1) by inserting ‘‘or the Secretary of Homeland SECTION 1. SHORT TITLE. alien’s life or freedom would be threatened for a Security’’ after ‘‘Attorney General’’ each place This division may be cited as the ‘‘REAL ID reason described in subparagraph (A), the trier such term appears; and Act of 2005’’. of fact shall determine whether the alien has (2) in the matter preceding clause (i), by in- sustained the alien’s burden of proof, and shall TITLE I—AMENDMENTS TO FEDERAL serting ‘‘and regardless of whether the judg- make credibility determinations, in the manner LAWS TO PROTECT AGAINST TERRORIST ment, decision, or action is made in removal pro- described in clauses (ii) and (iii) of section ENTRY ceedings,’’ after ‘‘other provision of law,’’. 208(b)(1)(B).’’. SEC. 101. PREVENTING TERRORISTS FROM OB- (g) REMOVAL OF CAPS.— TAINING RELIEF FROM REMOVAL. (d) OTHER REQUESTS FOR RELIEF FROM RE- (1) ASYLEES.—Section 209 of the Immigration (a) CONDITIONS FOR GRANTING ASYLUM.—Sec- MOVAL.—Section 240(c) of the Immigration and and Nationality Act (8 U.S.C. 1159) is amend- tion 208(b)(1) of the Immigration and Nation- Nationality Act (8 U.S.C. 1230(c)) is amended— ed— ality Act (8 U.S.C. 1158(b)(1)) is amended— (1) by redesignating paragraphs (4), (5), and (A) in subsection (a)(1)— (1) by striking ‘‘The Attorney General’’ the (6) as paragraphs (5), (6), and (7), respectively; (i) by striking ‘‘Service’’ and inserting ‘‘De- first place such term appears and inserting the and partment of Homeland Security’’; and following: (2) by inserting after paragraph (3) the fol- (ii) by striking ‘‘Attorney General’’ each place ‘‘(A) ELIGIBILITY.—The Secretary of Home- lowing: such term appears and inserting ‘‘Secretary of land Security or the Attorney General’’; ‘‘(4) APPLICATIONS FOR RELIEF FROM RE- Homeland Security or the Attorney General’’; (2) by striking ‘‘the Attorney General’’ the MOVAL.— (B) in subsection (b)— second and third places such term appears and ‘‘(A) IN GENERAL.—An alien applying for re- (i) by striking ‘‘Not more’’ and all that follows inserting ‘‘the Secretary of Homeland Security lief or protection from removal has the burden of through ‘‘asylum who—’’ and inserting ‘‘The or the Attorney General’’; and proof to establish that the alien— Secretary of Homeland Security or the Attorney (3) by adding at the end the following: ‘‘(i) satisfies the applicable eligibility require- General, in the Secretary’s or the Attorney Gen- ‘‘(B) BURDEN OF PROOF.— ments; and eral’s discretion and under such regulations as

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the Secretary or the Attorney General may pre- ‘‘(i) IN GENERAL.—Any alien who— ‘‘(cc) to a terrorist organization described in scribe, may adjust to the status of an alien law- ‘‘(I) has engaged in a terrorist activity; subclause (I) or (II) of clause (vi) or to any fully admitted for permanent residence the sta- ‘‘(II) a consular officer, the Attorney General, member of such an organization; or tus of any alien granted asylum who—’’; and or the Secretary of Homeland Security knows, or ‘‘(dd) to a terrorist organization described in (ii) in the matter following paragraph (5), by has reasonable ground to believe, is engaged in clause (vi)(III), or to any member of such an or- striking ‘‘Attorney General’’ and inserting ‘‘Sec- or is likely to engage after entry in any terrorist ganization, unless the actor can demonstrate by retary of Homeland Security or the Attorney activity (as defined in clause (iv)); clear and convincing evidence that the actor did General’’; and ‘‘(III) has, under circumstances indicating an not know, and should not reasonably have (C) in subsection (c), by striking ‘‘Attorney intention to cause death or serious bodily harm, known, that the organization was a terrorist or- General’’ and inserting ‘‘Secretary of Homeland incited terrorist activity; ganization.’’. ‘‘(IV) is a representative (as defined in clause Security or the Attorney General’’. (c) TERRORIST ORGANIZATION DEFINED.—Sec- (v)) of— (2) PERSONS RESISTING COERCIVE POPULATION tion 212(a)(3)(B)(vi) of the Immigration and Na- ‘‘(aa) a terrorist organization (as defined in CONTROL METHODS.—Section 207(a) of the Immi- tionality Act (8 U.S.C. 1182(a)(3)(B)(vi)) is gration and Nationality Act (8 U.S.C. 1157(a)) is clause (vi)); or ‘‘(bb) a political, social, or other group that amended to read as follows: amended by striking paragraph (5). ‘‘(vi) TERRORIST ORGANIZATION DEFINED.—As (h) EFFECTIVE DATES.— endorses or espouses terrorist activity; ‘‘(V) is a member of a terrorist organization used in this section, the term ‘terrorist organiza- (1) The amendments made by paragraphs (1) tion’ means an organization— and (2) of subsection (a) shall take effect as if described in subclause (I) or (II) of clause (vi); ‘‘(I) designated under section 219; enacted on March 1, 2003. ‘‘(VI) is a member of a terrorist organization (2) The amendments made by subsections described in clause (vi)(III), unless the alien can ‘‘(II) otherwise designated, upon publication (a)(3), (b), (c), and (d) shall take effect on the demonstrate by clear and convincing evidence in the Federal Register, by the Secretary of date of the enactment of this division and shall that the alien did not know, and should not State in consultation with or upon the request apply to applications for asylum, withholding, reasonably have known, that the organization of the Attorney General or the Secretary of or other relief from removal made on or after was a terrorist organization; Homeland Security, as a terrorist organization, such date. ‘‘(VII) endorses or espouses terrorist activity after finding that the organization engages in (3) The amendment made by subsection (e) or persuades others to endorse or espouse ter- the activities described in subclauses (I) through shall take effect on the date of the enactment of rorist activity or support a terrorist organiza- (VI) of clause (iv); or this division and shall apply to all cases in tion; ‘‘(III) that is a group of two or more individ- which the final administrative removal order is ‘‘(VIII) has received military-type training (as uals, whether organized or not, which engages or was issued before, on, or after such date. defined in section 2339D(c)(1) of title 18, United in, or has a subgroup which engages in, the ac- (4) The amendments made by subsection (f) States Code) from or on behalf of any organiza- tivities described in subclauses (I) through (VI) shall take effect on the date of the enactment of tion that, at the time the training was received, of clause (iv).’’. this division and shall apply to all cases pend- was a terrorist organization (as defined in (d) EFFECTIVE DATE.—The amendments made ing before any court on or after such date. clause (vi)); or by this section shall take effect on the date of (5) The amendments made by subsection (g) ‘‘(IX) is the spouse or child of an alien who is the enactment of this division, and these amend- shall take effect on the date of the enactment of inadmissible under this subparagraph, if the ac- ments, and section 212(a)(3)(B) of the Immigra- this division. tivity causing the alien to be found inadmissible tion and Nationality Act (8 U.S.C. (i) REPEAL.—Section 5403 of the Intelligence occurred within the last 5 years, is inadmis- 1182(a)(3)(B)), as amended by this section, shall Reform and Terrorism Prevention Act of 2004 sible.’’. apply to— (Public Law 108–458) is repealed. (b) ENGAGE IN TERRORIST ACTIVITY DE- (1) removal proceedings instituted before, on, FINED.—Section 212(a)(3)(B)(iv) of the Immigra- or after the date of the enactment of this divi- SEC. 102. WAIVER OF LEGAL REQUIREMENTS NEC- tion and Nationality Act (8 U.S.C. ESSARY FOR IMPROVEMENT OF BAR- sion; and 1182(a)(3)(B)(iv)) is amended to read as follows: RIERS AT BORDERS; FEDERAL (2) acts and conditions constituting a ground ‘‘(iv) ENGAGE IN TERRORIST ACTIVITY DE- COURT REVIEW. for inadmissibility, excludability, deportation, or FINED.—As used in this Act, the term ‘engage in Section 102(c) of the Illegal Immigration Re- removal occurring or existing before, on, or after terrorist activity’ means, in an individual ca- form and Immigrant Responsibility Act of 1996 such date. (8 U.S.C. 1103 note) is amended to read as fol- pacity or as a member of an organization— ‘‘(I) to commit or to incite to commit, under SEC. 104. WAIVER FOR CERTAIN GROUNDS OF IN- lows: ADMISSIBILITY. ‘‘(c) WAIVER.— circumstances indicating an intention to cause Section 212(d)(3) of the Immigration and Na- ‘‘(1) IN GENERAL.—Notwithstanding any other death or serious bodily injury, a terrorist activ- tionality Act (8 U.S.C. 1182(d)(3)) is amended— provision of law, the Secretary of Homeland Se- ity; (1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; curity shall have the authority to waive all ‘‘(II) to prepare or plan a terrorist activity; ‘‘(III) to gather information on potential tar- legal requirements such Secretary, in such Sec- (2) by striking ‘‘alien (A)’’ and inserting gets for terrorist activity; retary’s sole discretion, determines necessary to ‘‘alien (i)’’; ‘‘(IV) to solicit funds or other things of value ensure expeditious construction of the barriers (3) by striking ‘‘or (B)’’ and inserting ‘‘or for— and roads under this section. Any such decision (ii)’’; and ‘‘(aa) a terrorist activity; (4) by adding at the end the following: by the Secretary shall be effective upon being ‘‘(bb) a terrorist organization described in ‘‘(B)(i) The Secretary of State, after consulta- published in the Federal Register. clause (vi)(I) or (vi)(II); or tion with the Attorney General and the Sec- ‘‘(2) FEDERAL COURT REVIEW.— ‘‘(cc) a terrorist organization described in retary of Homeland Security, or the Secretary of ‘‘(A) IN GENERAL.—The district courts of the clause (vi)(III), unless the solicitor can dem- Homeland Security, after consultation with the United States shall have exclusive jurisdiction onstrate by clear and convincing evidence that Secretary of State and the Attorney General, to hear all causes or claims arising from any ac- he did not know, and should not reasonably may conclude in such Secretary’s sole tion undertaken, or any decision made, by the have known, that the organization was a ter- unreviewable discretion that subsection Secretary of Homeland Security pursuant to rorist organization; paragraph (1). A cause of action or claim may ‘‘(V) to solicit any individual— (a)(3)(B)(i)(IV)(bb) or (a)(3)(B)(i)(VII) shall not only be brought alleging a violation of the Con- ‘‘(aa) to engage in conduct otherwise de- apply to an alien, that subsection stitution of the United States. The court shall scribed in this subsection; (a)(3)(B)(iv)(VI) shall not apply with respect to not have jurisdiction to hear any claim not ‘‘(bb) for membership in a terrorist organiza- any material support an alien afforded to an or- specified in this subparagraph. tion described in clause (vi)(I) or (vi)(II); or ganization or individual that has engaged in a ‘‘(B) TIME FOR FILING OF COMPLAINT.—Any ‘‘(cc) for membership in a terrorist organiza- terrorist activity, or that subsection cause or claim brought pursuant to subpara- tion described in clause (vi)(III) unless the solic- (a)(3)(B)(vi)(III) shall not apply to a group sole- graph (A) shall be filed not later than 60 days itor can demonstrate by clear and convincing ly by virtue of having a subgroup within the after the date of the action or decision made by evidence that he did not know, and should not scope of that subsection. The Secretary of State the Secretary of Homeland Security. A claim reasonably have known, that the organization may not, however, exercise discretion under this shall be barred unless it is filed within the time was a terrorist organization; or clause with respect to an alien once removal specified. ‘‘(VI) to commit an act that the actor knows, proceedings against the alien are instituted ‘‘(C) ABILITY TO SEEK APPELLATE REVIEW.—An or reasonably should know, affords material under section 240. interlocutory or final judgment, decree, or order support, including a safe house, transportation, ‘‘(ii) Not later than 90 days after the end of of the district court may be reviewed only upon communications, funds, transfer of funds or each fiscal year, the Secretary of State and the petition for a writ of certiorari to the Supreme other material financial benefit, false docu- Secretary of Homeland Security shall each pro- Court of the United States.’’. mentation or identification, weapons (including vide to the Committees on the Judiciary of the SEC. 103. INADMISSIBILITY DUE TO TERRORIST chemical, biological, or radiological weapons), House of Representatives and of the Senate, the AND TERRORIST-RELATED ACTIVI- explosives, or training— Committee on International Relations of the TIES. ‘‘(aa) for the commission of a terrorist activ- House of Representatives, the Committee on For- (a) IN GENERAL.—So much of section ity; eign Relations of the Senate, and the Committee 212(a)(3)(B)(i) of the Immigration and Nation- ‘‘(bb) to any individual who the actor knows, on Homeland Security of the House of Rep- ality Act (8 U.S.C. 1182(a)(3)(B)(i)) as precedes or reasonably should know, has committed or resentatives a report on the aliens to whom such the final sentence is amended to read as follows: plans to commit a terrorist activity; Secretary has applied clause (i). Within one

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week of applying clause (i) to a group, the Sec- purposes of this Act, in every provision that lim- (4) SECRETARY.—The term ‘‘Secretary’’ means retary of State or the Secretary of Homeland Se- its or eliminates judicial review or jurisdiction to the Secretary of Homeland Security. curity shall provide a report to such Commit- review, the terms ‘judicial review’ and ‘jurisdic- (5) STATE.—The term ‘‘State’’ means a State of tees.’’. tion to review’ include habeas corpus review the United States, the District of Columbia, SEC. 105. REMOVAL OF TERRORISTS. pursuant to section 2241 of title 28, United Puerto Rico, the Virgin Islands, Guam, Amer- (a) IN GENERAL.— States Code, or any other habeas corpus provi- ican Samoa, the Northern Mariana Islands, the (1) IN GENERAL.—Section 237(a)(4)(B) of the sion, sections 1361 and 1651 of such title, and re- Trust Territory of the Pacific Islands, and any Immigration and Nationality Act (8 U.S.C. view pursuant to any other provision of law other territory or possession of the United 1227(a)(4)(B)) is amended to read as follows: (statutory or nonstatutory).’’; States. ‘‘(B) TERRORIST ACTIVITIES.—Any alien who is (2) in subsection (b)(9), by adding at the end SEC. 202. MINIMUM DOCUMENT REQUIREMENTS described in subparagraph (B) or (F) of section the following: ‘‘Except as otherwise provided in AND ISSUANCE STANDARDS FOR 212(a)(3) is deportable.’’. this section, no court shall have jurisdiction, by FEDERAL RECOGNITION. (2) EFFECTIVE DATE.—The amendment made habeas corpus under section 2241 of title 28, (a) MINIMUM STANDARDS FOR FEDERAL USE.— by paragraph (1) shall take effect on the date of United States Code, or any other habeas corpus (1) IN GENERAL.—Beginning 3 years after the the enactment of this division, and the amend- provision, by section 1361 or 1651 of such title, or date of the enactment of this division, a Federal ment, and section 237(a)(4)(B) of the Immigra- by any other provision of law (statutory or non- agency may not accept, for any official purpose, tion and Nationality Act (8 U.S.C. statutory), to review such an order or such a driver’s license or identification card issued by 1227(a)(4)(B)), as amended by such paragraph, questions of law or fact.’’; and a State to any person unless the State is meeting shall apply to— (3) in subsection (g), by inserting ‘‘(statutory the requirements of this section. (A) removal proceedings instituted before, on, or nonstatutory), including section 2241 of title (2) STATE CERTIFICATIONS.—The Secretary or after the date of the enactment of this divi- 28, United States Code, or any other habeas cor- shall determine whether a State is meeting the sion; and pus provision, and sections 1361 and 1651 of requirements of this section based on certifi- (B) acts and conditions constituting a ground such title’’ after ‘‘notwithstanding any other cations made by the State to the Secretary. Such for inadmissibility, excludability, deportation, or provision of law’’. certifications shall be made at such times and in removal occurring or existing before, on, or after (b) EFFECTIVE DATE.—The amendments made such manner as the Secretary, in consultation such date. by subsection (a) shall take effect upon the date with the Secretary of Transportation, may pre- (b) REPEAL.—Effective as of the date of the of the enactment of this division and shall apply scribe by regulation. enactment of the Intelligence Reform and Ter- to cases in which the final administrative order (b) MINIMUM DOCUMENT REQUIREMENTS.—To rorism Prevention Act of 2004 (Public Law 108– of removal, deportation, or exclusion was issued meet the requirements of this section, a State 458), section 5402 of such Act is repealed, and before, on, or after the date of the enactment of shall include, at a minimum, the following in- the Immigration and Nationality Act shall be this division. formation and features on each driver’s license applied as if such section had not been enacted. (c) TRANSFER OF CASES.—If an alien’s case, and identification card issued to a person by the brought under section 2241 of title 28, United State: SEC. 106. JUDICIAL REVIEW OF ORDERS OF RE- MOVAL. States Code, and challenging a final administra- (1) The person’s full legal name. tive order of removal, deportation, or exclusion, (2) The person’s date of birth. (a) IN GENERAL.—Section 242 of the Immigra- (3) The person’s gender. tion and Nationality Act (8 U.S.C. 1252) is is pending in a district court on the date of the (4) The person’s driver’s license or identifica- amended— enactment of this division, then the district tion card number. (1) in subsection (a)— court shall transfer the case (or the part of the (5) A digital photograph of the person. (A) in paragraph (2)— case that challenges the order of removal, depor- (6) The person’s address of principle resi- (i) in subparagraph (A), by inserting ‘‘(statu- tation, or exclusion) to the court of appeals for dence. tory or nonstatutory), including section 2241 of the circuit in which a petition for review could have been properly filed under section 242(b)(2) (7) The person’s signature. title 28, United States Code, or any other habeas (8) Physical security features designed to pre- corpus provision, and sections 1361 and 1651 of of the Immigration and Nationality Act (8 U.S.C. 1252), as amended by this section, or vent tampering, counterfeiting, or duplication of such title’’ after ‘‘Notwithstanding any other the document for fraudulent purposes. provision of law’’; under section 309(c)(4)(D) of the Illegal Immi- gration Reform and Immigrant Responsibility (9) A common machine-readable technology, (ii) in each of subparagraphs (B) and (C), by with defined minimum data elements. inserting ‘‘(statutory or nonstatutory), includ- Act of 1996 (8 U.S.C. 1101 note). The court of ap- peals shall treat the transferred case as if it had (c) MINIMUM ISSUANCE STANDARDS.— ing section 2241 of title 28, United States Code, (1) IN GENERAL.—To meet the requirements of or any other habeas corpus provision, and sec- been filed pursuant to a petition for review under such section 242, except that subsection this section, a State shall require, at a minimum, tions 1361 and 1651 of such title, and except as presentation and verification of the following provided in subparagraph (D)’’ after ‘‘Notwith- (b)(1) of such section shall not apply. RANSITIONAL RULE CASES.—A petition for information before issuing a driver’s license or standing any other provision of law’’; and (d) T review filed under former section 106(a) of the identification card to a person: (iii) by adding at the end the following: Immigration and Nationality Act (as in effect (A) A photo identity document, except that a ‘‘(D) JUDICIAL REVIEW OF CERTAIN LEGAL before its repeal by section 306(b) of the Illegal non-photo identity document is acceptable if it CLAIMS.—Nothing in subparagraph (B) or (C), Immigration Reform and Immigrant Responsi- includes both the person’s full legal name and or in any other provision of this Act (other than date of birth. this section) which limits or eliminates judicial bility Act of 1996 (8 U.S.C. 1252 note)) shall be treated as if it had been filed as a petition for (B) Documentation showing the person’s date review, shall be construed as precluding review of birth. of constitutional claims or questions of law review under section 242 of the Immigration and Nationality Act (8 U.S.C. 1252), as amended by (C) Proof of the person’s social security ac- raised upon a petition for review filed with an count number or verification that the person is appropriate court of appeals in accordance with this section. Notwithstanding any other provi- sion of law (statutory or nonstatutory), includ- not eligible for a social security account num- this section.’’; and ber. (B) by adding at the end the following: ing section 2241 of title 28, United States Code, or any other habeas corpus provision, and sec- (D) Documentation showing the person’s ‘‘(4) CLAIMS UNDER THE UNITED NATIONS CON- tions 1361 and 1651 of such title, such petition name and address of principal residence. VENTION.—Notwithstanding any other provision for review shall be the sole and exclusive means (2) SPECIAL REQUIREMENTS.— of law (statutory or nonstatutory), including (A) IN GENERAL.—To meet the requirements of section 2241 of title 28, United States Code, or for judicial review of an order of deportation or exclusion. this section, a State shall comply with the min- any other habeas corpus provision, and sections imum standards of this paragraph. 1361 and 1651 of such title, a petition for review TITLE II—IMPROVED SECURITY FOR DRIV- (B) EVIDENCE OF LAWFUL STATUS.—A State filed with an appropriate court of appeals in ac- ERS’ LICENSES AND PERSONAL IDENTI- shall require, before issuing a driver’s license or cordance with this section shall be the sole and FICATION CARDS identification card to a person, valid documen- exclusive means for judicial review of any cause SEC. 201. DEFINITIONS. tary evidence that the person— or claim under the United Nations Convention In this title, the following definitions apply: (i) is a citizen or national of the United Against Torture and Other Forms of Cruel, In- (1) DRIVER’S LICENSE.—The term ‘‘driver’s li- States; human, or Degrading Treatment or Punishment, cense’’ means a motor vehicle operator’s license, (ii) is an alien lawfully admitted for perma- except as provided in subsection (e). as defined in section 30301 of title 49, United nent or temporary residence in the United ‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Notwith- States Code. States; standing any other provision of law (statutory (2) IDENTIFICATION CARD.—The term ‘‘identi- (iii) has conditional permanent resident status or nonstatutory), including section 2241 of title fication card’’ means a personal identification in the United States; 28, United States Code, or any other habeas cor- card, as defined in section 1028(d) of title 18, (iv) has an approved application for asylum pus provision, and sections 1361 and 1651 of United States Code, issued by a State. in the United States or has entered into the such title, a petition for review filed with an ap- (3) OFFICIAL PURPOSE.—The term ‘‘official United States in refugee status; propriate court of appeals in accordance with purpose’’ includes but is not limited to accessing (v) has a valid, unexpired nonimmigrant visa this section shall be the sole and exclusive Federal facilities, boarding federally regulated or nonimmigrant visa status for entry into the means for judicial review of an order of removal commercial aircraft, entering nuclear power United States; entered or issued under any provision of this plants, and any other purposes that the Sec- (vi) has a pending application for asylum in Act, except as provided in subsection (e). For retary shall determine. the United States;

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00089 Fmt 0636 Sfmt 6333 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2834 CONGRESSIONAL RECORD — HOUSE May 3, 2005 (vii) has a pending or approved application (7) Ensure the physical security of locations retary of Transportation or the States under for temporary protected status in the United where drivers’ licenses and identification cards chapter 303 of title 49, United States Code. States; are produced and the security of document ma- TITLE III—BORDER INFRASTRUCTURE (viii) has approved deferred action status; or terials and papers from which drivers’ licenses AND TECHNOLOGY INTEGRATION (ix) has a pending application for adjustment and identification cards are produced. of status to that of an alien lawfully admitted SEC. 301. VULNERABILITY AND THREAT ASSESS- (8) Subject all persons authorized to manufac- MENT. for permanent residence in the United States or ture or produce drivers’ licenses and identifica- (a) STUDY.—The Under Secretary of Home- conditional permanent resident status in the tion cards to appropriate security clearance re- land Security for Border and Transportation Se- United States. quirements. curity, in consultation with the Under Secretary (C) TEMPORARY DRIVERS’ LICENSES AND IDEN- (9) Establish fraudulent document recognition of Homeland Security for Science and Tech- TIFICATION CARDS.— training programs for appropriate employees en- nology and the Under Secretary of Homeland (i) IN GENERAL.—If a person presents evidence gaged in the issuance of drivers’ licenses and Security for Information Analysis and Infra- under any of clauses (v) through (ix) of sub- identification cards. structure Protection, shall study the technology, paragraph (B), the State may only issue a tem- (10) Limit the period of validity of all driver’s equipment, and personnel needed to address se- porary driver’s license or temporary identifica- licenses and identification cards that are not curity vulnerabilities within the United States tion card to the person. temporary to a period that does not exceed 8 for each field office of the Bureau of Customs (ii) EXPIRATION DATE.—A temporary driver’s years. and Border Protection that has responsibility license or temporary identification card issued (11) In any case in which the State issues a for any portion of the United States borders pursuant to this subparagraph shall be valid driver’s license or identification card that does with Canada and Mexico. The Under Secretary only during the period of time of the applicant’s not satisfy the requirements of this section, en- shall conduct follow-up studies at least once authorized stay in the United States or, if there sure that such license or identification card— every 5 years. is no definite end to the period of authorized (A) clearly states on its face that it may not (b) REPORT TO CONGRESS.—The Under Sec- stay, a period of one year. be accepted by any Federal agency for federal (iii) DISPLAY OF EXPIRATION DATE.—A tem- retary shall submit a report to Congress on the identification or any other official purpose; and porary driver’s license or temporary identifica- Under Secretary’s findings and conclusions from (B) uses a unique design or color indicator to tion card issued pursuant to this subparagraph each study conducted under subsection (a) to- alert Federal agency and other law enforcement shall clearly indicate that it is temporary and gether with legislative recommendations, as ap- personnel that it may not be accepted for any shall state the date on which it expires. propriate, for addressing any security such purpose. (iv) RENEWAL.—A temporary driver’s license (12) Provide electronic access to all other vulnerabilities found by the study. or temporary identification card issued pursu- (c) AUTHORIZATION OF APPROPRIATIONS.— States to information contained in the motor ve- ant to this subparagraph may be renewed only There are authorized to be appropriated to the hicle database of the State. upon presentation of valid documentary evi- (13) Maintain a State motor vehicle database Department of Homeland Security Directorate of dence that the status by which the applicant that contains, at a minimum— Border and Transportation Security such sums qualified for the temporary driver’s license or (A) all data fields printed on drivers’ licenses as may be necessary for fiscal years 2006 temporary identification card has been extended and identification cards issued by the State; and through 2011 to carry out any such rec- by the Secretary of Homeland Security. (B) motor vehicle drivers’ histories, including ommendations from the first study conducted (3) VERIFICATION OF DOCUMENTS.—To meet the motor vehicle violations, suspensions, and under subsection (a). requirements of this section, a State shall imple- points on licenses. SEC. 302. USE OF GROUND SURVEILLANCE TECH- ment the following procedures: NOLOGIES FOR BORDER SECURITY. (A) Before issuing a driver’s license or identi- SEC. 203. TRAFFICKING IN AUTHENTICATION FEA- TURES FOR USE IN FALSE IDENTI- (a) PILOT PROGRAM.—Not later than 180 days fication card to a person, the State shall verify, after the date of the enactment of this division, with the issuing agency, the issuance, validity, FICATION DOCUMENTS. (a) CRIMINAL PENALTY.—Section 1028(a)(8) of the Under Secretary of Homeland Security for and completeness of each document required to Science and Technology, in consultation with be presented by the person under paragraph (1) title 18, United States Code, is amended by strik- ing ‘‘false authentication features’’ and insert- the Under Secretary of Homeland Security for or (2). Border and Transportation Security, the Under (B) The State shall not accept any foreign ing ‘‘false or actual authentication features’’. Secretary of Homeland Security for Information document, other than an official passport, to (b) USE OF FALSE DRIVER’S LICENSE AT AIR- Analysis and Infrastructure Protection, and the satisfy a requirement of paragraph (1) or (2). PORTS.— Secretary of Defense, shall develop a pilot pro- (C) Not later than September 11, 2005, the (1) IN GENERAL.—The Secretary shall enter, gram to utilize, or increase the utilization of, State shall enter into a memorandum of under- into the appropriate aviation security screening ground surveillance technologies to enhance the standing with the Secretary of Homeland Secu- database, appropriate information regarding border security of the United States. In devel- rity to routinely utilize the automated system any person convicted of using a false driver’s li- oping the program, the Under Secretary shall— known as Systematic Alien Verification for En- cense at an airport (as such term is defined in (1) consider various current and proposed titlements, as provided for by section 404 of the section 40102 of title 49, United States Code). ground surveillance technologies that could be Illegal Immigration Reform and Immigrant Re- (2) FALSE DEFINED.—In this subsection, the utilized to enhance the border security of the sponsibility Act of 1996 (110 Stat. 3009–664), to term ‘‘false’’ has the same meaning such term United States; verify the legal presence status of a person, has under section 1028(d) of title 18, United (2) assess the threats to the border security of other than a United States citizen, applying for States Code. the United States that could be addressed by the a driver’s license or identification card. SEC. 204. GRANTS TO STATES. utilization of such technologies; and (d) OTHER REQUIREMENTS.—To meet the re- (a) IN GENERAL.—The Secretary may make (3) assess the feasibility and advisability of quirements of this section, a State shall adopt grants to a State to assist the State in con- utilizing such technologies to address such the following practices in the issuance of driv- forming to the minimum standards set forth in threats, including an assessment of the tech- ers’ licenses and identification cards: this title. nologies considered best suited to address such (1) Employ technology to capture digital im- (b) AUTHORIZATION OF APPROPRIATIONS.— ages of identity source documents so that the There are authorized to be appropriated to the threats. (b) ADDITIONAL REQUIREMENTS.— images can be retained in electronic storage in a Secretary for each of the fiscal years 2005 (1) IN GENERAL.—The pilot program shall in- transferable format. through 2009 such sums as may be necessary to clude the utilization of a variety of ground sur- (2) Retain paper copies of source documents carry out this title. veillance technologies in a variety of for a minimum of 7 years or images of source SEC. 205. AUTHORITY. documents presented for a minimum of 10 years. topographies and areas (including both popu- (a) PARTICIPATION OF SECRETARY OF TRANS- (3) Subject each person applying for a driver’s lated and unpopulated areas) on both the PORTATION AND STATES.—All authority to issue license or identification card to mandatory fa- northern and southern borders of the United regulations, set standards, and issue grants cial image capture. States in order to evaluate, for a range of cir- (4) Establish an effective procedure to confirm under this title shall be carried out by the Sec- cumstances— or verify a renewing applicant’s information. retary, in consultation with the Secretary of (A) the significance of previous experiences (5) Confirm with the Social Security Adminis- Transportation and the States. with such technologies in homeland security or tration a social security account number pre- (b) EXTENSIONS OF DEADLINES.—The Secretary critical infrastructure protection for the utiliza- sented by a person using the full social security may grant to a State an extension of time to tion of such technologies for border security; account number. In the event that a social secu- meet the requirements of section 202(a)(1) if the (B) the cost, utility, and effectiveness of such rity account number is already registered to or State provides adequate justification for non- technologies for border security; and associated with another person to which any compliance. (C) liability, safety, and privacy concerns re- State has issued a driver’s license or identifica- SEC. 206. REPEAL. lating to the utilization of such technologies for tion card, the State shall resolve the discrep- Section 7212 of the Intelligence Reform and border security. ancy and take appropriate action. Terrorism Prevention Act of 2004 (Public Law (2) TECHNOLOGIES.—The ground surveillance (6) Refuse to issue a driver’s license or identi- 108–458) is repealed. technologies utilized in the pilot program shall fication card to a person holding a driver’s li- SEC. 207. LIMITATION ON STATUTORY CONSTRUC- include the following: cense issued by another State without confirma- TION. (A) Video camera technology. tion that the person is terminating or has termi- Nothing in this title shall be construed to af- (B) Sensor technology. nated the driver’s license. fect the authorities or responsibilities of the Sec- (C) Motion detection technology.

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(c) IMPLEMENTATION.—The Under Secretary of ‘‘(C) An H–2B visa or grant of nonimmigrant section 101(a)(15)(H)(ii)(b) or a willful misrepre- Homeland Security for Border and Transpor- status for a returning worker shall be approved sentation of a material fact in such petition— tation Security shall implement the pilot pro- only if the alien is confirmed to be a returning ‘‘(i) the Secretary of Homeland Security may, gram developed under this section. worker by— in addition to any other remedy authorized by (d) REPORT.—Not later than 1 year after im- ‘‘(i) the Department of State; or law, impose such administrative remedies (in- plementing the pilot program under subsection ‘‘(ii) if the alien is visa exempt or seeking to cluding civil monetary penalties in an amount (a), the Under Secretary shall submit a report change to status under section 101 not to exceed $10,000 per violation) as the Sec- on the program to the Senate Committee on (a)(15)(H)(ii)(b), the Department of Homeland retary of Homeland Security determines to be Commerce, Science, and Transportation, the Security.’’. appropriate; and House of Representatives Committee on Science, (b) EFFECTIVE DATE.— ‘‘(ii) the Secretary of Homeland Security may the House of Representatives Committee on (1) IN GENERAL.—The amendment in sub- deny petitions filed with respect to that em- Homeland Security, and the House of Rep- section (a) shall take effect as if enacted on Oc- ployer under section 204 or paragraph (1) of this resentatives Committee on the Judiciary. The tober 1, 2004, and shall expire on October 1, subsection during a period of at least 1 year but Under Secretary shall include in the report a de- 2006. not more than 5 years for aliens to be employed scription of the program together with such rec- (2) IMPLEMENTATION.—Not later than 14 days by the employer. ommendations as the Under Secretary finds ap- after the date of the enactment of this Act, the ‘‘(B) The Secretary of Homeland Security may propriate, including recommendations for termi- Secretary of Homeland Security shall begin ac- delegate to the Secretary of Labor, with the nating the program, making the program perma- cepting and processing petitions filed on behalf agreement of the Secretary of Labor, any of the nent, or enhancing the program. of aliens described in section 101(a)(15)(H)(ii)(b) authority given to the Secretary of Homeland SEC. 303. ENHANCEMENT OF COMMUNICATIONS of the Immigration and Nationality Act, in a Security under subparagraph (A)(i). INTEGRATION AND INFORMATION manner consistent with this section and the ‘‘(C) In determining the level of penalties to be SHARING ON BORDER SECURITY. amendments made by this section. Notwith- assessed under subparagraph (A), the highest (a) IN GENERAL.—Not later than 180 days standing section 214(g)(9)(B) of such Act, as penalties shall be reserved for willful failures to after the date of the enactment of this division, added by subsection (a), the Secretary of Home- meet any of the conditions of the petition that the Secretary of Homeland Security, acting land Security shall allocate additional numbers involve harm to United States workers. through the Under Secretary of Homeland Secu- for fiscal year 2005 based on statistical estimates ‘‘(D) In this paragraph, the term ‘substantial rity for Border and Transportation Security, in and projections derived from Department of failure’ means the willful failure to comply with consultation with the Under Secretary of Home- State data. the requirements of this section that constitutes land Security for Science and Technology, the SEC. 403. FRAUD PREVENTION AND DETECTION a significant deviation from the terms and con- Under Secretary of Homeland Security for Infor- FEE. ditions of a petition.’’. mation Analysis and Infrastructure Protection, (a) IMPOSITION OF FEE.—Section 214(c) of the (b) EFFECTIVE DATE.—The amendment made the Assistant Secretary of Commerce for Commu- Immigration and Nationality Act (8 U.S.C. by subsection (a) shall take effect on October 1, nications and Information, and other appro- 1184(c)), as amended by section 426(a) of divi- 2005. priate Federal, State, local, and tribal agencies, sion J of the Consolidated Appropriations Act, SEC. 405. ALLOCATION OF H-2B VISAS OR H-2B shall develop and implement a plan— 2005 (Public Law 108–447), is amended by adding (1) to improve the communications systems of NONIMMIGRANT STATUS DURING A at the end the following: FISCAL YEAR. the departments and agencies of the Federal ‘‘(13)(A) In addition to any other fees author- Section 214(g) of the Immigration and Nation- Government in order to facilitate the integration ized by law, the Secretary of Homeland Security ality Act (8 U.S.C. 1184(g)), as amended by sec- of communications among the departments and shall impose a fraud prevention and detection tion 402, is further amended by adding at the agencies of the Federal Government and State, fee on an employer filing a petition under para- end the following new paragraph: local government agencies, and Indian tribal graph (1) for nonimmigrant workers described in ‘‘(10) The numerical limitations of paragraph agencies on matters relating to border security; section 101(a)(15)(H)(ii)(b). (1)(B) shall be allocated for a fiscal year so that and ‘‘(B) The amount of the fee imposed under (2) to enhance information sharing among the the total number of aliens subject to such nu- subparagraph (A) shall be $150.’’. departments and agencies of the Federal Gov- merical limits who enter the United States pur- (b) USE OF FEES.— ernment, State and local government agencies, suant to a visa or are accorded nonimmigrant (1) FRAUD PREVENTION AND DETECTION AC- and Indian tribal agencies on such matters. status under section 101(a)(15)(H)(ii)(b) during COUNT.—Subsection (v) of section 286 of the Im- (b) REPORT.—Not later than 1 year after im- the first 6 months of such fiscal year is not more plementing the plan under subsection (a), the migration and Nationality Act (8 U.S.C. 1356), than 33,000.’’. Secretary shall submit a copy of the plan and a as added by section 426(b) of division J of the SEC. 406. SUBMISSION TO CONGRESS OF INFOR- report on the plan, including any recommenda- Consolidated Appropriations Act, 2005 (Public MATION REGARDING H-2B NON- tions the Secretary finds appropriate, to the Law 108–447), is amended— IMMIGRANTS. Senate Committee on Commerce, Science, and (A) in paragraphs (1), (2)(A), (2)(B), (2)(C), Section 416 of the American Competitiveness Transportation, the House of Representatives and (2)(D) by striking ‘‘H1–B and L’’ each place and Workforce Improvement Act of 1998 (title IV Committee on Science, the House of Representa- it appears; of division C of Public Law 105-277; 8 U.S.C. tives Committee on Homeland Security, and the (B) in paragraph (1), as amended by subpara- 1184 note) is amended— House of Representatives Committee on the Ju- graph (A), by striking ‘‘section 214(c)(12)’’ and (1) by striking ‘‘Attorney General’’ each place diciary. inserting ‘‘paragraph (12) or (13) of section that term appears and inserting ‘‘Secretary of 214(c)’’; TITLE IV—TEMPORARY WORKERS Homeland Security’’; and (C) in paragraphs (2)(A)(i) and (2)(B), as (2) by adding at the end the following new SEC. 401. SHORT TITLE. amended by subparagraph (A), by striking subsection: This title may be cited as the ‘‘Save Our Small ‘‘(H)(i)’’ each place it appears and inserting ‘‘(d) PROVISION OF INFORMATION.— and Seasonal Businesses Act of 2005’’. ‘‘(H)(i), (H)(ii),’’; and ‘‘(1) SEMIANNUAL NOTIFICATION.—Beginning SEC. 402. NUMERICAL LIMITATIONS ON H–2B (D) in paragraph (2)(D), as amended by sub- not later than March 1, 2006, the Secretary of WORKERS. paragraph (A), by inserting before the period at Homeland Security and the Secretary of State (a) IN GENERAL.—Section 214(g) of the Immi- the end ‘‘or for programs and activities to pre- shall notify, on a semiannual basis, the Commit- gration and Nationality Act (8 U.S.C. 1184(g)) is vent and detect fraud with respect to petitions tees on the Judiciary of the House of Represent- amended by adding at the end the following: under paragraph (1) or (2)(A) of section 214(c) to ‘‘(9)(A) Subject to subparagraphs (B) and (C), atives and the Senate of the number of aliens grant an alien nonimmigrant status described in who during the preceding 1-year period— an alien who has already been counted toward section 101(a)(15)(H)(ii)’’. the numerical limitations of paragraph (1)(B) ‘‘(A) were issued visas or otherwise provided (2) CONFORMING AMENDMENT.—The heading of during any 1 of the 3 fiscal years prior to the nonimmigrant status under section such subsection (v) of section 286 is amended by 101(a)(15)(H)(ii)(b) of the Immigration and Na- fiscal year of the approved start date of a peti- striking ‘‘H1–B and L’’. tion for a nonimmigrant worker described in sec- tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)); or (c) EFFECTIVE DATE.—The amendments made tion 101(a)(15)(H)(ii)(b) shall not be counted to- ‘‘(B) had such a visa or such status be re- by subsections (a) and (b) shall take effect 14 voked or otherwise terminated. ward such limitation for the fiscal year in which days after the date of the enactment of this Act the petition is approved. Such an alien shall be ‘‘(2) ANNUAL SUBMISSION.—Beginning in fiscal and shall apply to filings for a fiscal year after year 2007, the Secretary of Homeland Security considered a returning worker. fiscal year 2005. ‘‘(B) A petition referred to in subparagraph and the Secretary of State shall submit, on an (A) shall include, with respect to a returning SEC. 404. SANCTIONS. annual basis, to the Committees on the Judici- worker— (a) IN GENERAL.—Section 214(c) of the Immi- ary of the House of Representatives and the ‘‘(i) all information and evidence that the Sec- gration and Nationality Act (8 U.S.C. 1184(c)), Senate— retary of Homeland Security determines is re- as amended by section 403, is further amended ‘‘(A) information on the countries of origin of, quired to support a petition for status under sec- by adding at the end the following: occupations of, and compensation paid to aliens tion 101(a)(15)(H)(ii)(b); ‘‘(14)(A) If the Secretary of Homeland Secu- who were issued visas or otherwise provided ‘‘(ii) the full name of the alien; and rity finds, after notice and an opportunity for a nonimmigrant status under section ‘‘(iii) a certification to the Department of hearing, a substantial failure to meet any of the 101(a)(15)(H)(ii)(b) of the Immigration and Na- Homeland Security that the alien is a returning conditions of the petition to admit or otherwise tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) dur- worker. provide status to a nonimmigrant worker under ing the previous fiscal year;

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‘‘(B) the number of aliens who had such a of the United States-Chile Free Trade Agree- KAY BAILEY HUTCHISON, visa or such status expire or be revoked or other- ment Implementation Act (Public Law 108–77; MIKE DEWINE, wise terminated during each month of such fis- 117 Stat. 941), is amended— SAM BROWNBACK, cal year; and (1) by inserting ‘‘or section 101(a)(15)(E)(iii)’’ WAYNE ALLARD, ‘‘(C) the number of aliens who were provided after ‘‘section 101(a)(15)(H)(i)(b1)’’ each place it ROBERT C. BYRD, nonimmigrant status under such section during appears; and DANIEL K. INOUYE, both such fiscal year and the preceding fiscal (2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), PATRICK LEAHY year. and (3)(C)(iii)(II) by striking ‘‘or (with exception for ‘‘(3) INFORMATION MAINTAINED BY STATE.—If 101(a)(15)(H)(i)(b1)’’ each place it appears and REAL ID), the Secretary of Homeland Security determines inserting ‘‘101(a)(15)(H)(i)(b1), or TOM HARKIN that information maintained by the Secretary of 101(a)(15)(E)(iii)’’. (with exception for State is required to make a submission described SEC. 502. VISAS FOR NURSES. REAL ID), BARBARA MIKULSKI in paragraph (1) or (2), the Secretary of State Section 106(d) of the American Competitive- (with exception for shall provide such information to the Secretary ness in the Twenty-first Century Act of 2000 REAL ID), of Homeland Security upon request.’’. (Public Law 106–313; 8 U.S.C. 1153 note) is HARRY REID SEC. 407. EXEMPTION FROM ADMINISTRATIVE amended— (with exception for PROCEDURE ACT. (1) in paragraph (1), by inserting before the REAL ID), The requirements of chapter 5 of title 5, period at the end of the second sentence ‘‘and BYRON L. DORGAN United States Code (commonly referred to as the any such visa that is made available due to the (with res.—conference ‘‘Administrative Procedure Act’’) or any other difference between the number of employment- did not reconvene), law relating to rulemaking, information collec- based visas that were made available in fiscal DIANNE FEINSTEIN tion or publication in the Federal Register, shall year 2001, 2002, 2003, or 2004 and the number of (with exception for not apply to any action to implement sections such visas that were actually used in such fiscal REAL ID), 402, 403, and 405 or the amendments made by year shall be available only to employment- TIM JOHNSON, such sections to the extent the Secretary Home- based immigrants (and their family members ac- MARY LANDRIEU, land Security, the Secretary of Labor, or the companying or following to join under section Managers on the Part of the Senate. Secretary of State determine that compliance 203(d) of such Act (8 U.S.C. 1153(d))) whose im- with any such requirement would impede the ex- migrant worker petitions were approved based JOINT EXPLANATORY STATEMENT OF peditious implementation of such sections or the on schedule A, as defined in section 656.5 of title THE COMMITTEE OF CONFERENCE amendments made by such sections. 20, Code of Federal Regulations, as promulgated The managers on the part of the House and TITLE V—OTHER CHANGES TO PROVI- by the Secretary of Labor’’; the Senate at the conference on the dis- SIONS GOVERNING NONIMMIGRANT (2) in paragraph (2)(A), by striking ‘‘and agreeing votes of the two Houses on the AND IMMIGRANT VISAS 2000’’ and inserting ‘‘through 2004’’; and amendments of the Senate to the bill (H.R. SEC. 501. RECIPROCAL VISAS FOR NATIONALS OF (3) in paragraph (2), by amending subpara- 1268) making emergency supplemental appro- AUSTRALIA. graph (B) to read as follows: priations for the fiscal year ending Sep- (a) IN GENERAL.—Section 101(a)(15)(E) of the ‘‘(B)(i) REDUCTION.—The number described in tember 30, 2005, and for other purposes, sub- Immigration and Nationality Act (8 U.S.C. subparagraph (A) shall be reduced, for each fis- mit the following joint statement to the 1101(a)(15)(E)) is amended— cal year after fiscal year 2001, by the cumulative House and the Senate in explanation of the (1) by adding at the end ‘‘or (iii) solely to per- number of immigrant visas actually used under effects of the action agreed upon by the man- form services in a specialty occupation in the paragraph (1) for previous fiscal years. agers and recommended in the accom- United States if the alien is a national of the ‘‘(ii) MAXIMUM.—The total number of visas panying conference report. Commonwealth of Australia and with respect to actually used under paragraph (1) may not ex- Report language included in the reports of whom the Secretary of Labor determines and ceed 50,000.’’. the House (H. Rept. 109–16) and of the Senate certifies to the Secretary of Homeland Security And the Senate agree to the same. (S. Rept. 109–52) accompanying H.R. 1268 and the Secretary of State that the intending That the House recede from its disagree- should be complied with unless specifically employer has filed with the Secretary of Labor ment to the amendment of the Senate to the addressed in this statement of the managers. an attestation under section 212(t)(1);’’; and title of the bill and concur in the same. The statement of the managers, while re- (2) in clause (i), by striking ‘‘or’’ after ‘‘na- JERRY LEWIS, peating some report language for emphasis, tional;’’. C.W. BILL YOUNG, is not intended to negate the language re- (b) NUMERICAL LIMITATION TO ANY SINGLE RALPH REGULA, ferred to above unless expressly provided FOREIGN STATE.—Section 214(g) of such Act (8 HAROLD ROGERS, herein. U.S.C. 1184(g)), as amended by section 405, is FRANK R. WOLF, This conference agreement is organized by further amended by adding at the end the fol- JIM KOLBE, subject matter. Due to certain jurisdictional lowing new paragraph: JAMES T. WALSH, differences between the subcommittees of ‘‘(11)(A) The Secretary of State may not ap- CHARLES H. TAYLOR, the House and the Senate Committees on Ap- prove a number of initial applications submitted DAVID L. HOBSON, propriations, the accounts and programs of HENRY BONILLA, for aliens described in section 101(a)(15)(E)(iii) certain subcommittees are, in some cases, JOE KNOLLENBERG, that is more than the applicable numerical limi- displayed within titles or chapters with the JOHN P. MURTHA, tation set out in this paragraph. accounts and programs of other subcommit- NORMAN D. DICKS, ‘‘(B) The applicable numerical limitation re- tees. The organizational structure of this ALAN B. MOLLOHAN, ferred to in subparagraph (A) is 10,500 for each conference agreement does not predetermine PETER J. VISCLOSKY, fiscal year. the organization of conference agreements CHET EDWARDS, ‘‘(C) The applicable numerical limitation re- on the fiscal year 2006 appropriations bills. ferred to in subparagraph (A) shall only apply Managers on the Part of the House. TITLE I—DEFENSE-RELATED APPROPRIATIONS to principal aliens and not to the spouses or THAD COCHRAN, children of such aliens.’’. TED STEVENS, The conference agreement recommends (c) SPECIALTY OCCUPATION DEFINED.—Section PETE V. DOMENICI, $75,888,262,000 for the Department of Defense, 214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) is CHRISTOPHER S. BOND, instead of $76,923,910,000, as proposed by the amended by inserting ‘‘, section MITCH MCCONNELL, House, and $74,800,257,000, as proposed by the 101(a)(15)(E)(iii),’’ after ‘‘section RICHARD C. SHELBY, Senate. 101(a)(15)(H)(i)(b)’’. JUDD GREGG, The following table provides details of the (d) ATTESTATION.—Section 212(t) of such Act ROBERT F. BENNETT, supplemental appropriations for the Depart- (8 U.S.C. 1182(t)), as added by section 402(b)(2) LARRY CRAIG, ment of Defense—Military.

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MEASURING STABILITY AND SECURITY IN IRAQ ment strength, military effectiveness, police trainers and the duration of such In the wake of the recent Iraqi elections, sources of support, legal status, and ef- instruction; and, public discourse about the u.S. occupation of forts to disarm or reintegrate each mili- —Attrition rates and measures of absentee- that country has focused on the need for and tia. ism and infiltration by insurgents. ∑ the advisability of declaring a timetable for The key indicators of economic activity ∑ The estimated total number of Iraqi U.S. military withdrawal. Instead of focusing that should be considered as the most impor- battalions needed for the Iraqi security on exit strategies, however, the conferees be- tant for determining the prospects of sta- forces to perform duties now being under- lieve there is a need to recast this debate by bility in Iraq, including: unemployment lev- taken by coalition forces, including defend- considering ‘‘strategies for success’’. Success els; electricity, water, and oil production ing Iraq’s borders and providing adequate in Iraq will be achieved, of course, only to rates; and hunger and poverty levels. levels of law and order throughout the coun- ∑ the extent any new Iraqi government can le- The criteria the Administration will use try. gitimately and effectively rule the country, to determine when it is safe to begin with- ∑ The effectiveness of the Iraqi military which in turn largely depends on that gov- drawing our forces from Iraq. and police officer cadres and the chain of ernment’s ability to protect its people and Security Force Training and Performance: command. ∑ The training Iraqi military and other secure its borders. ∑ The number of U.S. and coalition advi- Ministry of Defense forces have received and The discussion on this issue should not be sors needed to support the Iraqi security what equipment they are using. In par- simply about how many Iraqi forces have forces and associated ministries. ticular, the report should include the key been trained and equipped, but about how Finally, the conferees direct the Secretary criteria for assessing the capabilities and many can perform to reasonable standards so to include in this report (or classified annex readiness of the Iraqi military forces, goals that they may be expected to successfully to the report, as necessary) an assessment of for achieving certain capability and readi- conduct their assigned missions. This is the U.S. military requirements, including ness levels (as well as for recruiting, train- basis for assessing U.S. military readiness, planned force rotations, through the end of ing, and equipping these forces), and the and should serve as the basis for judging the calendar year 2006. The conferees direct the milestones and notional timetable for capabilities of Iraqi security forces. Secretary to submit this report not later achieving these goals. The conferees believe that the Administra- than 60 days after the enactment of this Act, ∑ The operational readiness status of the tion must develop and provide to the Con- and every 90 days thereafter through the end Iraqi military forces, including: the type, gress a more comprehensive set of perform- of fiscal year 2006. number, size, and organizational structure of ance indicators and measures of stability Iraqi battalions that are: CLASSIFIED PROGRAMS and security in Iraq than is currently avail- —Capable of conducting counterinsurgency able. This undoubtedly will lead to a more Recommended adjustments to classified operations independently; informed debate over how best to allocate programs are addressed in a classified annex —Capable of conducting counterinsurgency accompanying this report. U.S. resources to help secure Iraq. As such, operations with the support of U.S. or co- the conferees direct the Secretary of Defense alition forces; and, VETERAN-OWNED BUSINESSES (in consultation with other appropriate —Not ready to conduct counterinsurgency The conferees are aware that Presidential members of the , National Security Council) operations. Executive Order 13360, issued on October 20, to provide a report to the Speaker of the ∑ The rates of absenteeism in the Iraqi 2004, established a goal of not less than 3 per- House of Representatives, the Majority military forces and the extent to which in- cent for participation by service-disabled Leader of the Senate, and the congressional surgents have infiltrated these forces. veteran-owned businesses in Federal con- defense committees that identifies security, ∑ The training Iraqi police and other Min- tracting with the Department of Defense and economic, and Iraqi security force training istry of Interior forces have received and all Federal agencies. The conferees note with performance standards and goals, accom- what equipment they are using. In par- concern that the Department is far from panied by a notional timetable for achieving ticular, the report should include the key reaching that goal with only 0.2 percent of these goals. At a minimum, the report criteria for assessing the capabilities and total prime contracts and 0.3 percent of total should include detailed descriptions of the readiness of these forces, goals for achieving subcontracts awarded to service-disabled following: certain capability and readiness levels (as veteran-owned business in fiscal year 2003. Stability and Security in Iraq: well as for recruiting, training, and equip- The conferees would encourage the Depart- ∑ Key measures of political stability, in- ping), and the milestones and notional time- ment to follow the intent of Executive Order cluding the important political milestones table for achieving these goals. This should 13360 and make every effort to increase con- that must be achieved over the next several include: tracting opportunities with service-disabled years. —The number of police recruits that have re- veteran-owned businesses and to report to ∑ The primary indicators of a stable secu- ceived classroom training and the dura- the congressional defense committees not rity environment in Iraq, such as number of tion of such instruction; later than September 30, 2005 a plan of action engagements per day, numbers of trained —The number of veteran police officers who to reach the goal established by the Presi- Iraqi forces, trends describing numbers and have received classroom instruction and dent. types of ethnic and religious-based hostile the duration of such instruction; MILITARY PERSONNEL encounters, and so on. In addition, the report —The number of police candidates screened should include: by the Iraqi Police Screening Service, The conference agreement recommends —The estimated strength of the Iraqi insur- the number of candidates derived from $17,446,686,000 for the Military Personnel ac- gency and the extent to which it is com- other entry procedures, and the success counts, instead of $17,067,094,000 as proposed posed of non-Iraqi fighters; and, rates of those groups of candidates; by the House, and $17,531,786,000 as proposed —A description of all militia operating in —The number of Iraqi police forces who have by the Senate. Adjustments to the Military Iraq, including the number, size, equip- received field training by international Personnel accounts are shown below:

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MEDICAL SUPPORT FOR TACTICAL UNITS fense should not be used to close any mili- OVERSEAS HUMANITARIAN, DISASTER AND The conferees recommend an increase of tary medical facility which is conducting CIVIC AID $150,000,000 in Operation and Maintenance, critical medical research, or medical train- The conference agreement does not include Army, to address medical requirements for ing, or caring for wounded soldiers. $10,000,000 for Overseas Humanitarian, Dis- those tactical units currently deployed to or TELEPHONE CALLING CARDS FOR INJURED aster and Civic Aid proposed by the House. returning from the Iraq or Afghanistan thea- SERVICEMEMBERS AFGHANISTAN SECURITY FORCES FUND ters. The conferees encourage the Depart- The conferees commend the individuals, ment of the Army to focus these funds on the organizations, and corporations who have do- The conference agreement includes replenishment of medical supply and equip- nated telephone cards for use by injured $1,285,000,000 for the Afghanistan Security ment needs within the combat theaters, to servicemembers recuperating from injuries Forces Fund to accelerate efforts to provide include bandages and other blood-clotting sustained while serving in the Global War on assistance to Afghan Security Forces. The supplies that utilize advanced hemostatic, Terrorism. The conferees encourage the agreement includes a transfer of $290,000,000 wound-dressing technologies, and on the pro- Services to distribute the donated cards to from this fund to the Operation and Mainte- vision of medical care for soldiers who have all military treatment facilities providing nance, Army account, as proposed by the returned home in a medical holdover status. care to those injured during contingency op- Senate. CRITICAL MEDICAL RESEARCH erations. The Services should also ensure IRAQ SECURITY FORCES FUND that servicemembers recuperating in Fisher The conferees believe the military treat- The conference agreement includes Houses, Malone Houses, or similar rehabili- ment facilities and other medical research $5,700,000,000 for the Iraq Security Forces tation facilities are provided phone cards on and teaching organizations of the Depart- Fund to accelerate efforts to provide assist- a similar basis. ment of Defense are playing a critical role in ance to Iraqi Security Forces. The agree- support of our forces serving in harm’s way POST DEPLOYMENT STAND-DOWN PROGRAM ment includes a transfer of $210,000,000 from in Iraq and Afghanistan. The conferees note The conferees are aware of the success of this fund to the Operation and Maintenance, that these facilities and organizations have the Air National Guard’s Post Deployment Army account, as proposed by the Senate. provided and are continuing to provide much Stand-down Program. The conferees direct PROCUREMENT needed improvements in critical care for the Director, Army National Guard, in con- military personnel who have been wounded sultation with the Director, Air National The conference agreement includes a total in battle. Guard, to assess the feasibility and advis- of $17,378,594,000 for various procurement ap- The conferees recognize the need for main- ability of implementing a similar program propriations, instead of $18,317,255,000 as pro- taining all of our military medical facilities for the Army National Guard. The Director, posed by the House and $15,872,045,000 as pro- in time of war, believing the continuation of Army National Guard shall report his find- posed by the Senate. this capability to be of the highest impor- ings and recommendations to the congres- The following table identifies changes tance. As such, the conferees direct that sional defense committees not later than made to the request and other funding pro- funding available to the Department of De- September 30, 2005. vided.

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MODULARITY to submit a report to the congressional de- the President’s request, as proposed by the The conferees direct the Secretary of De- fense committees not later than 60 days after House, for equipment required by the United fense to submit to the congressional defense enactment of this Act setting forth the most States Special Operations Command committees a report, not later than Sep- effective and efficient options available to (USSOCOM) to prosecute the Global War on tember 1, 2005, detailing the Department of the Department of Defense for transporting Terrorism. The conferees agree that from the Defense’s long-range plan for executing and Up-Armored HMMWVs to Iraq and Afghani- additional funding provided $20,000,000 shall funding the Army’s Modular Force initiative stan. be for the procurement of Multi-Band/Multi (Modularity). The report should identify per- JOINT IMPROVISED EXPLOSIVE DEVICE (IED) Mission radios and that $5,000,000 shall be for sonnel and equipment requirements, unit re- NEUTRALIZER Silver Fox Unmanned Aerial Vehicles. The structuring timelines, and associated costs. Improvised Explosive Devices (IEDs) con- conferees have adjusted the amounts in the In addition, the conferees are concerned that tinue to kill and seriously injure U.S. Serv- project level table for the Communications the budgeting methods employed to support ice men and women as they prosecute the Equipment and Electronics and the Small this initiative may result in inefficient pro- Global War on Terrorism. The conferees are Arms and Weapons lines accordingly. The gram management and acquisition practices. deeply concerned that currently employed conferees are aware that, subsequent to the Accordingly, the conferees direct that this counter-IED technology has failed to achieve submission of the President’s request, an- report also include DoD plans to review desired results for our warfighters. The con- other Special Operations Combat Talon II multi-year procurement authority or any ferees are aware of a new direct discharge aircraft was lost, significantly diminishing other measures to ensure the DoD can con- technology, known as Joint IED Neutralizer the combat capabilities of USSOCOM. The tract for required equipment as efficiently as or JIN, which has recently demonstrated the conferees agree that the remaining possible. capability to effectively neutralize IEDs. $30,000,000 of the funds provided above the re- UP-ARMORED HMMWV REPORTING The conferees strongly encourage the De- quest shall be used for a combat loss replace- REQUIREMENT partment of Defense to procure and employ ment aircraft. The conferees direct the Secretary of De- JIN for counter-IED operations. RESEARCH, DEVELOPMENT, TEST AND fense to submit a report to the congressional LITENING PODS EVALUATION defense committees not later than 60 days The conferees clarify that funding in the after enactment of this Act, and every 60 The conference agreement provides a total bill for additional F/A–18 LITENING pods is days thereafter until the termination of Op- of $587,282,000 for Research, Development, available for all Expeditionary Marine Corps eration Iraqi Freedom, setting forth the cur- Test and Evaluation appropriations, instead F/A–18 aircraft. rent requirements of the Armed Forces for of $508,321,000 as proposed by the House, and Up-Armored High Mobility Multipurpose SPECIAL OPERATIONS COMMAND $552,322,000, as proposed by the Senate. The Wheeled Vehicles (HMMWVs). In addition, The conference agreement provides following table identifies changes made to the conferees direct the Secretary of Defense $475,627,000, an increase of $55,000,000 above the request and other funding provided.

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HIGH SPEED, HEAVY LIFT, SHALLOW DRAFT- Conference Location Project description Request Conference Location Project description Request CAPABLE WATERCRAFT DEMONSTRATION agreement agreement The Department of Defense Appropriations Alaska: Fort Wain- Aircraft Mainte- 31,000,000 31,000,000 North Carolina: Mod 2D LAR Oper- 3,840,000 3,840,000 Act, 2005 (Public Law 108–287) appropriated wright. nance Hangar. Camp Lejeune. ations Complex. $6,300,000 under ‘‘Research, Development, Alaska: Fort Wain- Site Preparation 11,000,000 11,000,000 North Carolina: Maintenance Com- 5,880,000 5,880,000 wright. and Utility Work. Camp Lejeune. plex, 1/9. Test and Evaluation, Navy’’ for the Varicraft Colorado: Fort Car- Barracks—Mobili- 26,000,000 26,000,000 North Carolina: BEQ 1/9 ...... 30,480,000 30,480,000 program. To clarify the intent of Congress, son. zation and Camp Lejeune. the funding provided for this program in P. Training. North Carolina: Mod Force Recon 3,240,000 3,240,000 Georgia: Fort Site Preparation 10,000,000 10,000,000 Camp Lejeune. Operations L. 108–287 is intended for the High Speed, Benning. and Utility Work. Complex. Heavy Lift, Shallow Draft-Capable Kansas: Fort Riley Barracks—Mobili- 22,000,000 22,000,000 North Carolina: BEQ 2⁄9 ...... 32,500,000 Watercraft Demonstration. zation and Camp Lejeune. Training. Djibouti: Camp Personnel Billeting 27,710,000 27,710,000 DDX PERMANENT MAGNET MOTOR Kansas: Fort Riley Site Preparation 25,000,000 25,000,000 Lemonier. and Utility Work. Djibouti: Camp Security Fence ...... 2,760,000 2,760,000 The conferees agree with language in- New York: Fort Aircraft Hangar 37,000,000 37,000,000 Lemonier. cluded in the Senate report regarding the Drum. and Site Prepa- Worldwide Unspec- Planning and De- 7,890,000 7,890,000 ration. ified. sign. DDX permanent magnet motor and direct North Carolina: Fort Site Preparation 19,000,000 19,000,000 that not less than $5,000,000 of the funds pro- Bragg. and Utility Work. Total ...... 107,380,000 139,880,000 vided in this Act for ‘‘Research, Develop- Texas: Fort Bliss ... Barracks—Mobili- 22,000,000 22,000,000 zation and ment, Test and Evaluation, Navy’’ be made Training. MARINE CORPS FORCE STRUCTURE REVIEW available for this program. Texas: Fort Bliss ... Site Preparation 47,000,000 47,000,000 GROUP and Utility Work. REVOLVING AND MANAGEMENT FUNDS Afghanistan: CMU Barracks ...... 16,100,000 16,100,000 The Department of Defense requested DEFENSE WORKING CAPITAL FUNDS Bagram. $75,020,000 in emergency funding for the Ma- Afghanistan: Fuel Tank Farm .... 57,000,000 ...... rine Corps Force Structure Review Group The conference agreement includes Bagram. $1,511,300,000 for the Defense Working Capital Afghanistan: JSOTF–A Joint Op- 6,400,000 6,400,000 (FSRG) initiative, which will provide addi- Funds, instead of $1,411,300,000 as proposed by Bagram. erations Center. tional combat forces within the Marine Afghanistan: Prime Power Gen- 31,600,000 ...... Corps’ current end-strength of 175,000. By in- the House, and $1,311,300,000 as proposed by Bagram. erator. the Senate, to be allocated as follows: Afghanistan: Ammunition Supply 16,000,000 16,000,000 creasing the number of combat-ready ma- Kandahar. Point. rines while turning over less essential tasks [In thousands of dollars] Cuba: Guantanamo Camp 6 Detention 36,000,000 36,000,000 Bay. Facility. to civilians, FSRG will help to alleviate the Conference Cuba: Guantanamo Radio Range Secu- 4,400,000 4,400,000 overall stress on the Marine Corps produced Defense Logistics Agency (DLA) Bay. rity Fence. by deployments related to the Global War on Fuel Costs...... 842,300 Iraq: Camp Hope ... CMU Barracks ...... 2,500,000 2,500,000 Iraq: Camp Taji ..... CMU Barracks ...... 24,600,000 24.600,000 Terrorism. While the conferees understand Military Sealift Command Fuel Iraq: Camp Warrior Medical Facility .... 7,500,000 7,500,000 and support this initiative, they are con- Costs ...... 67,000 Iraq: Camp Warrior Tactical Ops Build- 6,100,000 6,100,000 cerned over the manner in which the mili- DLA Fuel Delivery Costs ...... 402,000 ing. Iraq: LSA Anaconda Battalion and 7,800,000 7,800,000 tary construction requirements were pro- Navy Working Capital Fund ...... 200,000 Company HQ. grammed and budgeted. Although the FSRG NATIONAL DEFENSE SEALIFT FUND Iraq: LSA Anaconda Equipment Support 17,100,000 17,100,000 initiative was set in motion in April 2004, no Activity. The conference agreement provides Iraq: LSA Anaconda Hospital Facility ... 39,000,000 39,000,000 funding for FSRG military construction was $32,400,000, as proposed by both the House Iraq: Marez ...... CMU Barracks ...... 9,300,000 9,300,000 programmed into the fiscal year 2006 budget Iraq: Marez ...... Combat Support 9,900,000 9,900,000 request. The Marine Corps and DOD instead and the Senate. Hospital. chose to use this supplemental request as the OTHER DEPARTMENT OF DEFENSE PROGRAMS Iraq: Marez ...... Troop Medical 2,900,000 2,900,000 Clinic. sole vehicle for funding the FSRG, yet the DEFENSE HEALTH PROGRAM Iraq: Muthanna ..... Harden Ammuni- 11,300,000 11,300,000 tion Bunkers. emergency appropriation requested provides The conference agreement provides Iraq: Various Loca- CMU Barracks ...... 55,200,000 55,200,000 only half of the fiscal year 2005 requirement. $210,550,000 for the Defense Health Program, tions. The conferees are disappointed that the instead of $175,550,000 as proposed by the Iraq: Various Loca- Main Supply Route 36,000,000 36,000,000 tions. Aspen. FSRG was deemed important and urgent House and $225,550,000 as proposed by the Iraq: Various Loca- Overhead Cover 300,000,000 250,000,000 enough to proceed immediately, yet the ap- Senate. The increase above the request is di- tions. System. propriate budgeting decisions were not given rected to fund additional workload at Army Worldwide Unspec- Planning and De- 43,400,000 39,091,000 ified. sign. commensurate priority. The conferees expect military treatment facilities as a result of that future military construction requests the global war on terrorism, including men- Total ...... 990,100,000 847,191,000 for the Marine Corps, including any fiscal tal health and combat stress related care. year 2006 budget amendment, will include Overhead Cover Systems and CMU Bar- CHEMICAL AGENTS AND MUNITIONS the necessary funding to accommodate the racks.—The conference agreement includes DESTRUCTION, ARMY force structure and basing decisions being funds for overhead cover systems and con- made under FSRG. The conferees strongly endorse the Senate crete masonry unit barracks to strengthen Report language in its entirety with respect The conferees also note that the request force protection measures to better protect was submitted prior to the final basing deci- to Chemical Agents and Munitions Destruc- troops against indirect fire attack. The con- tion and direct the Department of Defense to sion for the second of two new infantry bat- ferees expect the Department to focus its talions, the 1st and 2nd Battalions, 9th Ma- fully comply with the two reporting require- force protection efforts on identified threats ments therein. rine Regiment, to be created under FSRG. facing troops in Operation Iraqi Freedom and After submission of the request, the Marine DRUG INTERDICTION AND COUNTER-DRUG Operation Enduring Freedom such as rocket Corps confirmed that both battalions will be ACTIVITIES, DEFENSE propelled grenades and mortar artillery. In stationed at Camp Lejeune, North Carolina. The conference agreement provides doing so, the Department should purchase These two battalions will add 1,904 marines $242,000,000, instead of $257,000,000 as proposed existing force protection technology that has at Camp Lejeune, more than half of the pro- by the House, and $227,000,000 as proposed by been field-tested and certified against such jected net increase of 3,546 to the base popu- threats, including, but not limited to, mor- the Senate. lation under FSRG. A field visit to Camp tar-proof canopies and housing and blast re- OFFICE OF THE INSPECTOR GENERAL Lejeune confirmed that the installation does sistant barriers. The conference agreement provides $148,000 not currently have adequate billeting for the MILITARY CONSTRUCTION, NAVY AND MARINE as proposed by both the House and the Sen- existing base population, let alone the two CORPS ate. battalions that the Marine Corps will begin The conference agreement includes standing up this year. The present occu- RELATED AGENCIES $139,880,000, instead of $92,720,000 as proposed pancy rate at the camp already greatly ex- INTELIIGENCE COMMUNITY MANAGEMENT by the House and $107,380,000 as proposed by ceeds the Marine Corps standard, and this ACCOUNT the Senate. The Conference agreement also situation will worsen under FSRG without The conference agreement provides makes these funds available until September remedial action. The conferees believe that $250,300,000 as proposed by both the House 30, 2006 as proposed by the House, instead of additional unaccompanied housing is ur- and the Senate. September 30, 2007 as proposed by the Sen- gently needed at Camp Lejeune, and agree to ate. The funds are provided as follows: MILITARY CONSTRUCTION ARMY provide $32,500,000 for the construction of The conference agreement includes bachelor enlisted quarters in support of the Location Project description Request Conference $847,191,000, instead of $930,100,000 as proposed agreement marines of the 2/9 Battalion. by the House and $897,191,000 as proposed by MILITARY CONSTRUCTION, AIR FORCE California: Camp Force Intel Oper- 8,700,000 8,700,000 the Senate. The conference agreement also Pendleton. ations Center. The conference agreement includes makes these funds available until September California: Camp Force Recon PLT 4,980,000 4,980,000 $140,983,000 as proposed by the Senate, in- 30, 2006 as proposed by the House, instead of Pendleton. Facility. stead of $301,386,000 as proposed by the California: LAR Company BEQ 11,900,000 11,900,000 September 30, 2007 as proposed by the Sen- Twentynine House. The conference agreement also makes ate. The funds are provided as follows: Palms. these. funds available until September 30,

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The conferees agree to retain section 1003, Conference The conference agreement provides no fund- as proposed by the House and Senate, which Location Project description Request agreement ing for these facilities at this time. provides that not more than $34,000,000 may Afghanistan: East Side Ramp/ 17,600,000 17,600,000 As with the aerial port facility in Kuwait, be available for counter-drug activities of Bagram. Support Facili- this facility represents more a long-term in- Afghanistan and $4,000,000 may be available ties/Infra. Afghanistan: Control Tower ...... 10,200,000 10,200,000 vestment in enduring infrastructure than it for counter-drug activities of Pakistan. Bagram. does an immediate response to emergency The conferees agree to retain section 1004, Afghanistan: Cargo Handling 1,800,000 1,800,000 requirements. ISR operations have been con- as proposed by the House and Senate, which Bagram. Area. Afghanistan: Coalition Forces 1,400,000 1,400,000 ducted successfully from Al Dhafra for sev- provides additional authority for extraor- Bagram. Ramp. eral years and while it would be more con- dinary and emergency expenses. Iraq: Balad ...... CSAR/JSOAD/ 8,000,000 8,000,000 venient to conduct operations from perma- The conferees agree to retain section 1005, Medevac Alert. as proposed by the House and Senate which Iraq: Balad ...... Construct and Re- 2,700,000 2,700,000 nent rather than expeditionary facilities, the pair Munitions conferees do not believe this is a compelling makes technical changes to language which Roads. argument for emergency appropriations. As provides that during the current fiscal year Iraq: Balad ...... Repair/lnstall Air- 25,000,000 15,000,000 working capital funds of the Department of field Lighting. is the case with Ali Al Salem, this project is Iraq: Balad ...... Hot Cargo Pad ...... 3,500,000 3,500,000 only part of extensive additional construc- Defense may increase the limitation on ad- Iraq: Balad ...... Cargo/Marshalling 15,000,000 15,000,000 tion envisioned at Al Dhafra, yet no agree- vance billing to $1,500,000,000. Area. The conferees agree to delete language, as Iraq: Balad ...... Special Operations 2,850,000 2,850,000 ment covering use or cost sharing has been Compound. negotiated with the host nation. The con- proposed by the Senate, which provides that Iraq: Tallil ...... Temporary Canton- 10,800,000 10,800,000 ferees recognize and value the extensive and from funds made available in this Act under ment Area. ‘‘Operation and Maintenance, Defense- Kuwait: Ali Al Aerial Port ...... 75,500,000 ...... ongoing cooperation between the United Salem. States and the United Arab Emirates and are Wide’’, $10,000,000 may be used to purchase UAE: Al Dhafra ...... ISR Launch, Re- 66,000,000 ...... not opposed in principle to a U.S. contribu- and dispose of weapons. The conferees agree covery and Maint Complex. tion to infrastructure investments at Al to provide for weapons buy back in section UAE: Al Dhafra ...... Aircraft Engine 1,400,000 1,400,000 Dhafra. However, the conferees believe in- 1006, the Commander’s Emergency. Response Run-up Pad. vestment in this project would be inappro- Program. Uzbekistan: Karshi- Replace/Extend 42,500,000 42,500,000 The conferees agree to retain and amend Khanabad. Runway and priate on an emergency basis and premature Taxiways. at this time. section 1006, as proposed by the House and Worldwide Unspec- Planning and De- 17,270,000 8,233,OOO Senate, which provides that section 1201(a) of ITEMS OF INTEREST TO THE MILITARY QUALITY ified. sign. the National Defense Authorization Act for Total ...... 301,520,000 140,983,000 OF LIFE SUBCOMMITTEE OF THE HOUSE AND Fiscal Year 2005, as amended by the Consoli- THE MILITARY CONSTRUCTION SUBCOMMITTEE dated Appropriations Act, 2005 is further Aerial Port, Ali Al Salem Air Base, Ku- OF THE SENATE amended by striking ‘‘$500,000,000’’ and in- wait.—The Air Force requests $75,500,000 to Requested Reports.—The Department of serting ‘‘$854,000,000’’ for the Commander’s construct the first phase of an Aerial Port at Defense has submitted the long overdue Emergency Response Program. Ali Al Salem Air Base in Kuwait. The con- overseas basing master plans; therefore, the ference agreement provides no funding for The conferees agree to retain section 1007, conference agreement does not include a pro- as proposed by the House and Senate, which this facility at this time. vision under the military construction ac- The conferees support the United States increases the amount of the funds for a clas- counts to prohibit the obligation of funds presence in Kuwait and appreciate the long- sified program pursuant to section 8090(b) in until these plans were submitted as proposed standing cooperation between our two na- Public Law 108–287. by the House. The Senate bill contained no tions. The conferees also recognize the desire The conferees agree to retain section 1008, similar provision. of the Government of Kuwait to move U.S. as proposed by the House, which waives, for The House report included a request for ad- calendar year 2005 only, the $200,000 limita- aerial port operations out of Kuwait City ditional information from the Army, Marine International Airport (KCIA) in order to free tion on total compensation for civilian em- Corps, and Air Force on issues related to the space at the airport for other uses. However, ployees while in the Central Command’s area supplemental request. The Army reports for several reasons, the conferees have de- of responsibility in support of military oper- were received on April 7, 2005. The Marine clined to recommend funding for a new aer- ations. Corps and Air Force reports have not been ial port facility at this time. The conferees agree to retain section 1009, The $75,500,000 in emergency supplemental received. The conferees are concerned with as proposed by the House and Senate, which appropriations requested for this facility the Executive Branch’s lack of responsive- provides the Director of National Intel- would fund only the first phase of a nearly ness to Congressional requests and expect ligence (DNI) additional flexibility with re- half-billion dollar plan for infrastructure im- the Secretary and the Director of OMB to spect to filling the additional positions au- provements at Ali Al Salem. However, given take steps to make this a high priority. thorized for the Office of the DNI. construction times and the limited scope of Budgeting for Enduring Installations.—The The conferees agree to retain section 1010, the project proposed here, the first phase conferees approve of the Department’s im- as proposed by the House, which extends the would provide neither emergency relief nor a proved master planning efforts for overseas authority for support to coalition liaison of- complete replacement of the extant port ca- facilities, including those in the Central ficers contained in the 2003 National Defense pacity at KCIA. In addition, since submis- Command (CENTCOM) area of responsibility. Authorization Act through December 31, sion of the supplemental request, the Air A key benefit of master planning is the 2005. Force has learned that extensive runway re- alignment of strategic objectives with budg- The conferees agree to retain section 1011, pair at Ali Al Salem will be required for the et needs over a long period of time. The con- as proposed by the House and Senate, which base to accommodate the volume and type of ferees believe CENTCOM’s master planning includes a provision for authority to increase air traffic envisioned in aerial port oper- initiative is sufficiently well developed to the maximum amount of the reserve affili- ations. enable future military construction at en- ation bonus not to exceed $10,000. Moreover, as both the House and the Sen- during facilities in the region to be incor- The conferees agree to retain and amend ate noted in their respective reports, the porated into the regular authorization and section 1012, as proposed by the House and United States does not currently have a for- appropriations process. The conferees expect Senate, which amends title 38, to increase mal agreement with the host nation regard- the Department to pursue such initiatives the maximum amount of coverage available ing future use of this facility or the sharing through that avenue rather than through for the Servicemembers’ Group Life Insur- of costs for subsequent construction phases. emergency appropriations. ance program to $400,000. Consequently, it is not possible for the con- GENERAL PROVISIONS—THIS TITLE The conferees agree to retain and amend ferees to determine the commitment the The conferees agree to retain and amend section 1013, as proposed by the House and United States would be undertaking by pro- section 1001, as proposed by the House and Senate, which increases the death gratuity viding the first phase of funding now. The Senate, which provides the Secretary of De- for combat and combat-related deaths, and conferees also believe that because of uncer- fense authority to transfer up to provides a one-time retroactive death gra- tainties regarding the future of other facili- $3,000,000,000 of funds made available in this tuity for—a member for the increased cov- ties in the region, there is some question as title. erage of the Servicemembers’ Group Life In- to whether an extensive aerial port facility The conferees agree to retain and amend surance and increased amount of the death in Kuwait will be required for the long-term. section 1002, as proposed by the House and gratuity. The conferees are not opposed to a U.S. con- the Senate, which amends section 8005 of the The conferees agree to delete language, as tribution to what would be a mutually bene- Department of Defense Appropriations Act, proposed by the Senate, which amends chap- ficial project, but encourage the Defense De- 2005 to provide an additional $2,685,000,000 in ter 75 of title 10, to rename the death gra- partment to first negotiate with the Govern- transfer authority. tuity payable for deaths of members of the ment of Kuwait an agreement regarding ap- The conferees agree to delete language, as Armed Forces as ‘‘Fallen Hero Compensa- propriate phasing, use, and cost-sharing. proposed by the House, which provides that tion’’.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00113 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2858 CONGRESSIONAL RECORD — HOUSE May 3, 2005 The conferees agree to retain and amend quest for funds after fiscal year 2006 for an The conferees agree to retain section 1027, section 1014, as proposed by the House and ongoing military operation overseas, includ- as proposed by the Senate, which prohibits Senate, which provides that funds appro- ing operations in Afghanistan and Iraq, the use of funds in this Act for termination priated or made available by transfer for in- should be included in the annual budget for of the existing joint service multiyear pro- telligence activities are deemed to be au- that fiscal year. curement contract for C/KC–130J aircraft. thorized for purposes of section 504 of the Na- The conferees agree to delete language, as The conferees agree to delete language, as tional Security Act of 1947. proposed by the Senate, requiring the Presi- proposed by the Senate, which provides for The conferees agree to retain and amend dent to submit to Congress reports con- the procurement of Up-Armored High Mobil- section 1015, as proposed by the House and cerning Iraqi security forces. Instead, the ity Multipurpose Wheeled Vehicles Senate, which prohibits funds provided in agreement includes a modified set of report- (HMMWVs), and address this in the State- this Act to finance programs or activities de- ing requirements in the Statement of the ment of the Managers. nied by Congress, or to initiate a new start Managers. The conferees agree to delete language, as program without prior notification to the The conferees agree to delete language, as proposed by the Senate, which includes sense congressional defense committees, except for proposed by the Senate, requiring the Sec- of the Senate language to amend section 1079 certain Army ammunition programs. retary of the Army to report to the congres- of title 10, in order to increase the period of The conferees agree to retain and amend sional defense committees on the feasibility TRICARE coverage for children of section 1016, as proposed by the Senate, re- of implementing for the Army National servicemembers who die while on active garding chemical weapons demilitarization Guard a program similar to the Post Deploy- duty. and the Assembled Chemical Weapons Alter- ment Stand-Down Program of the Air Na- The conferees agree to delete language, as natives program. tional Guard. This reporting requirement is proposed by the Senate, which includes sense The conferees agree to retain and amend addressed in the Statement of the Managers. of the Senate language concerning the con- section 1017, as proposed by the Senate, The conferees agree to retain and amend tinuing development of the permanent mag- which amends section 115 of division H of the section 1025, as proposed by the Senate, net motor, and address this elsewhere in the fiscal year 2004 Consolidated Appropriations which provide that funds available to the De- Statement of the Managers. Act to provide grant authority. The con- partment of the Navy in this Act will be pro- The conferees agree to delete language, as ferees include language to provide grant au- vided for repair and maintenance. of the USS proposed by the Senate, which includes sense thority for Woody Island from funds avail- John F. Kennedy to extend the life of the of the Senate language concerning the Man- able for this purpose in ‘‘Operation and carrier; prohibits funds available in this Act Portable Air Defense (MANPAD) systems. Maintenance, Army’’ in the fiscal year 2005 to be used to reduce the number of active The conferees agree to delete language, as Defense Appropriations Act. aircraft carriers of the Navy below 12 until proposed by the Senate, which includes sense The conferees agree to retain section 1018, the Quadrennial Defense Review is submitted of the Senate language that funds should be as proposed by the Senate, which transfers to Congress; and prohibits the Department of made available for the replenishment of $19,000,000 from ‘‘Shipbuilding and Conver- the Navy from changing command relation- medical supply and equipment needs of the sion, Navy, 2005/2009’’ for the LCU(X) pro- ships to give Fleet Forces Command admin- Army, and address this in the Statement of gram to ‘‘Shipbuilding and Conversion, istrative and operational control of the Pa- the Managers. Navy, 1996/2008’’ for the LPD–17 program; and cific Fleet. The conferees agree to include a new sec- designates this provision as an emergency The conferees agree to delete language, as tion 1028, which prohibits funds in this Act requirement. proposed by the Senate, which includes sense to be used to revoke Purple Heart com- The conferees agree to retain and amend of the Senate language concerning the do- mendations awarded to members of the section 1019, as proposed by the Senate, mestic manufacturing capability to produce Armed Forces who have served in Operation which prohibits funds, made available in this silicon carbide powders for use in the produc- Iraqi Freedom or Operation Enduring Free- Act, or by prior Acts, to be used to imple- tion of ceramic armor plates for armored ve- dom. ment a winner-take-all strategy for the ac- hicles, personal body armor systems, and The conferees agree to include a new sec- quisition of DD(X), the next generation Navy other armor needs. tion 1029, which transfers $2,000,000 from destroyer. The conferees agree to delete language, as ‘‘Aircraft Procurement, Army’’ to ‘‘Re- The conferees agree to retain section 1020, proposed by the Senate, which includes sense search; Development, Test and Evaluation, as proposed by the Senate, which prohibits of the Senate language concerning the pro- Army’’ for the Virtual Training Cockpit Op- funds appropriated to the Department of De- curement of Rapid Wall Breaching Kits for timization Program. fense, by this Act or any other Act for fiscal use in Operation Iraqi Freedom and Oper- The conferees agree to retain and amend year 2005 or any other fiscal year, from being ation Enduring Freedom. section 1030, as proposed by the House, which used for any pay raise that is based on an The conferees agree to delete language, as makes certain technical adjustments and di- employee’s status as a career or non-career proposed by the Senate, which includes sense rects the transfer of funds for the purpose of employee. of the Senate language to increase the ensuring proper budget execution for critical The conferees agree to retain section 1021, amount of funds available for ‘‘Operation force protection items previously funded. as proposed by the Senate, which earmarks and Maintenance, Army Reserve’’ for tuition The conferees agree to retain section 1031, $12,500,000 from funds made available in the assistance programs. The conferees rec- as proposed by the Senate, which prohibits Department of Defense Appropriations Act, ommend an additional $5,000,000 for ‘‘Oper- funds to be obligated to subject any person 2005 only for industrial mobilization capacity ation and Maintenance, Army Reserve’’ for in custody or under the control of the United at Rock Island Arsenal. tuition assistance programs, and address this States to torture or cruel, inhuman, or de- The conferees agree to retain and amend issue in the Statement of Managers. grading treatment or punishment. section 1022, as proposed by the Senate which The conferees agree to delete language, as The conferees agree to retain section 1032, extends the period of temporary continu- proposed by the Senate, which includes sense as proposed by the Senate, which amends ation of Basic Allowance for Housing for de- of the Senate language to make funds avail- title 38, to provide a traumatic injury pro- pendents of members of the armed forces able from within ‘‘Defense Health Program’’ tection rider to servicemembers insured who die while on active duty, and includes a for Vaccine Health Care Centers. through the Servicemembers’ Group Life In- sunset provision. The conferees agree to delete language, as surance (SGLI) under section 1967(a)(1) of The conferees agree to delete language, as proposed by the Senate, which includes sense title 38. proposed by the Senate, which provides sense of the Senate language concerning Warlock The conferees agree to include a new sec- of the Senate language concerning the phase- and other field jamming systems, and ad- tion 1033, which rescinds $50,000,000 from the in of concurrent receipt of retired pay and dress this elsewhere in the Statement of the ‘‘Iraq Freedom Fund’’. veterans disability compensation for mili- Managers. The conferees agree to include a new sec- tary retirees. The conferees agree to retain and amend tion 1034, making technical corrections to The conferees agree to retain and amend section 1026, as proposed by the Senate, Public Law 108–287 making available existing section 1023, as proposed by the Senate, which changes the application of section 411h funds to the Paralyzed Veterans of America which prohibits the Department from charg- of title 37 U.S.C. to provide through Sep- (PVA) Outdoor Sports Heritage Fund. ing military personnel for meals if they are tember 30, 2005 for one roundtrip to family The conferees agree to a new section 1035 undergoing medical recuperation or therapy members of seriously ill or injured military which provides an additional appropriation at a military treatment facility. personnel hospitalized in a medical facility for ‘‘Research, Development, Test and Eval- The conferees agree to delete language, as in or outside the United States, and family uation, Defense- Wide’’, and provides author- proposed by the Senate, which prohibits members of service members receiving treat- ity for certain specified activities. funds to be obligated to implement or en- ment for injuries incurred in a combat area Sec. 1036. The conference agreement in- force certain orders and guidance, dated May in a medical treatment facility in the United cludes a provision proposed by the Senate 15, 2003, on the functions and duties of the States; provides for funding from the serv- (Sec. 1129) to require a report on the re-use General Counsel and Judge Advocate General ices’ operation and maintenance accounts; and redevelopment of military installations of the Air Force. and requires the Secretary of Defense to re- closed or realigned as part of BRAC 2005. The The conferees agree to retain section 1024, port to the congressional defense commit- House bill contained no similar provision. as proposed by the Senate, which includes tees on travel in any fiscal year that exceeds Sec. 1037. The conference agreement in- sense of the Senate language that any re- $20,000,000. cludes a provision proposed by the Senate

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00114 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2859 (Sec. 6055) to release to the State of Arkan- the Secretary of State to work with the In- priated under this heading to reimburse ac- sas a reversionary interest in Camp Joseph stitute of International Education to imple- counts from which obligations were incurred T. Robinson. The House bill contained no ment this program. prior to the enactment of this Act. similar provision. The conferees agree that within the TRANSITION INITIATIVES The conference agreement does not include amounts previously appropriated for fiscal The conference agreement does not include a Sense of the Senate provision (Sec. 1137) on year 2005, the Secretary of State shall fund funding for ‘‘Transition Initiatives’’. funding for the Vaccine Health Care Centers. an external study of the publicly available The House bill contained no similar provi- data on foreign public opinion about the OPERATING EXPENSES OF THE UNITED STATES sion. United States. This study should include a AGENCY FOR INTERNATIONAL DEVELOPMENT The conference agreement does not include thorough analysis of the impact of foreign The conference agreement provides a Sense of the Senate provision (Sec. 1142) on perceptions of the United States, and a list $24,400,000 for ‘‘Operating Expenses of the TRICARE coverage of children. The House of concrete responses and ‘‘best practice’’ ac- United States Agency for International De- bill contained no similar provision. tions at the governmental level that have velopment’’ for security and extraordinary The conference agreement does not include the potential to influence the public foreign operating costs in Iraq. a Senate amendment to permit eleven em- policy debate and mitigate the impact of OPERATING EXPENSES OF THE UNITED STATES ployees of the Executive Office of the Presi- negative perceptions. AGENCY FOR INTERNATIONAL DEVELOPMENT dent to use official government vehicles for EMBASSY SECURITY, CONSTRUCTION, AND OFFICE OF INSPECTOR GENERAL commuting between their homes and offices. MAINTENANCE The conference agreement does not include The conference agreement provides a Senate amendment regarding federal em- The conference agreement includes $2,500,000 for ‘‘Operating Expenses of the ployee pay while in active service of the Na- $592,000,000 for the construction of a new se- United States Agency for International De- tional Guard. cure embassy compound in Baghdad, Iraq, in- velopment Office of Inspector General’’ to cluding office, housing, and support facili- audit the expenditure of funds used for relief TITLE II—INTERNATIONAL PROGRAMS ties, infrastructure, project supervision, and and reconstruction in Iraq. AND ASSISTANCE FOR RECONSTRUC- construction security as proposed by both OTHER BILATERAL ECONOMIC ASSISTANCE TION AND THE WAR ON TERROR the House and Senate. The conferees expect ECONOMIC SUPPORT FUND CHAPTER 1 the recommended funding level to be suffi- Department of Agriculture cient to ensure completion of a secure com- The conference agreement provides $1,433,600,000 for the ‘‘Economic Support FOREIGN AGRICULTURAL SERVICE pound within 24 months of the project start date. Fund’’, instead of $1,058,200,000 as proposed PUBLIC LAW 480 TITLE II GRANTS by the House and $1,636,300,000 as proposed by INTERNATIONAL ORGANIZATIONS The conference agreement includes the Senate. These funds would remain avail- $240,000,000 for P.L. 480 Title II grants, to re- CONTRIBUTIONS FOR INTERNATIONAL able until September 30, 2006. main available until expended, instead of PEACEKEEPING ACTIVITIES The conference agreement includes $150,000,000, as proposed by the House and (INCLUDING TRANSFER OF FUNDS) $1,086,600,000 for Afghanistan, $200,000,000 for $470,000,000, as proposed by the Senate. The conference agreement includes assistance to Palestinians, of which This appropriation shall be used to reim- $680,000,000 for United States assessed con- $50,000,000 should be for assistance for Israel burse the account for funds used to address tributions for international peacekeeping to help ease the movement of Palestinian emergency food needs for individuals in need missions instead of $580,000,000 as proposed people and goods in and out of Israel, of humanitarian assistance in the Darfur re- by the House, $533,049,000 as proposed by the $20,000,000 for Haiti, $5,000,000 for Lebanon, gion of Sudan and other parts of Africa, Senate, and $780,000,000 as contained in the $100,000,000 for Jordan, and $22,000,000 for which would allow additional contributions request. Of the amount provided, up to Sudan. to these and other critical food situations, $50,000,000 may be transferred to the ‘‘Peace- The conference agreement provides including the mitigation of the effects of the keeping Operations’’ account for support of $1,086,600,000 for Afghanistan under this Human Immunodeficiency Virus and Ac- the efforts of the African Union to halt geno- heading, instead of $739,200,000 as proposed by quired Immune Deficiency Syndrome on in- cide and other atrocities in Darfur, Sudan. the House and $1,309,300,000 as proposed by dividuals, households, and communities. In the Senate. The conference agreement as- RELATED AGENCY addition, the conferees provide that funds sumes full funding for health programs and may be used to restore executed agreements BROADCASTING BOARD OF GOVERNORS provincial reconstruction team expenses and of the Public Law Title II non-emergency INTERNATIONAL BROADCASTING OPERATIONS support. The conferees direct the Depart- sub-minimum program requirements, as pro- The conference agreement includes ment of State to consult with the Commit- posed by the Senate. $4,800,000 to expand United States broad- tees on Appropriations prior to the obliga- Department of State and Related Agency casting programs in local languages to Paki- tion of funds. Department of State stan, Iran, Indonesia, and Muslim popu- The conferees reiterate their firm commit- lations in Europe. ment to the long term development of Af- ADMINISTRATION OF FOREIGN AFFAIRS ghanistan and note that the fiscal year 2006 BROADCASTING CAPITAL IMPROVEMENTS DIPLOMATIC AND CONSULAR PROGRAMS budget request for that country contains an The conference agreement includes The conference agreement includes additional $920,000,000 from all accounts. $734,000,000 for ‘‘Diplomatic and Consular $2,500,000 to make capital improvements re- The conference agreement does not include Programs’’, instead of $748,500,000 as pro- lated to broadcasting, including broad- Senate language recommending $5,000,000 for posed by the House, $357,700,000, as proposed casting directed toward the People’s Repub- Afghan women’s organizations. However, the by the Senate, and $767,200,000 as contained lic of China. conferees believe that USAID needs to be in the request. The agreement provides BILATERAL ECONOMIC ASSISTANCE more proactive in assisting women-led non- 666,300,000 for the operation and security FUNDS APPROPRIATED TO THE PRESIDENT governmental organizations in Afghanistan, costs of the U.S. Mission in Iraq. Within the particularly those that defend women’s UNITED STATES AGENCY FOR INTERNATIONAL amounts included under this heading, rights and support women’s efforts to par- DEVELOPMENT $10,000,000 is for the enhancement of Em- ticipate in the political process. The con- bassy security in Iraq and Afghanistan INTERNATIONAL DISASTER AND FAMINE ferees recommend that $5,000,000 be made through explosive detection technologies ASSISTANCE available to strengthen the capacity of these certified and/or deployed by the Department The conference agreement provides organizations. of Homeland Security, and $250,000 is des- $90,000,000 for ‘‘International Disaster and The conference agreement includes lan- ignated for Iraqi and Afghan scholars, as pro- Famine Assistance’’, instead of $94,000,000 as guage similar to a Senate. amendment that posed by the Senate. The conference agree- recommended by the House and $44,000,000 as provides $5,000,000 for assistance for dis- ment also includes $60,000,000 for operations recommended by the Senate. placed persons in Afghanistan. The conferees and security requirements of the U.S. Mis- The conferees intend that $40,000,000 of intend that these funds be used to address sion in Kabul, Afghanistan as a result of the funds made available from this account be the needs of displaced Afghans, but that withdrawal of U.S. military forces. Finally, provided for assistance for those individuals none of these funds are to be used to support the conference agreement includes $7,700,000 affected by the ongoing conflict in Darfur. a satellite city housing project. The con- for the Office of the Coordinator for Recon- The conferees are also concerned about the ferees request to be consulted prior to the struction and Stabilization, and expects severity of other needs in Africa, and allo- obligation of these funds. these funds to support additional personnel cate $50,000,000 of funds from this account to The conference agreement does not include requirements in Washington and Sudan. these other needs, including those in Ethi- a reporting requirement on Afghan security The conference agreement includes $250,000 opia, Liberia, Uganda, and the Democratic forces training, as proposed by the Senate in for a contribution to a scholar-rescue pro- Republic of the Congo. section 2108. However, the conferees direct gram designed to bring Iraqi and Afghan The conferees include language as proposed the Department of State to submit such a re- scholars, whose lives are in imminent dan- by the Senate that provides authority to port to the Committees on Appropriations no ger, to the United States and match them United States Agency for International De- later than 90 days after enactment of this with host universities. The conferees direct velopment (USAID) to use funds appro- Act.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00115 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2860 CONGRESSIONAL RECORD — HOUSE May 3, 2005 The conference agreement includes The conference agreement provides sistance’’ instead of$103,400,000 as proposed $22,000,000 to support emergency needs in the $20,000,000 for assistance for Haiti, of which by the House or $108,400,000 as proposed by implementation of the Comprehensive Peace $2,500,000 is for criminal case management, the Senate. Of the total, the conferees in- Agreement in southern Sudan. These needs case tracking and the reduction of pre-trial clude $48,400,000 for assistance to those indi- include the development of southern govern- detention. The conferees are concerned with viduals affected by the ongoing conflict in mental institutions and support for the com- the prolonged detention of Haitians, many of Darfur, $5,000,000 for easing the flow of refu- missions established in the North-South whom have not been charged with any crime, gees returning to southern Sudan, $26,000,000 peace accords. which is both illegal and life threatening. to help the Administration meet its fiscal The conferees recognize the importance of The conferees intend that USAID will take year 2005 refugee protection goals, and adequate health care for Palestinian women immediate steps to address this potentially $41,000,000 for assistance needs in Africa and children and recommend $3,500,000 to explosive situation. The conferees expect the other than in southern Sudan and Darfur. balance of funds to be made available to ad- support the activities of the Holy Family NONPROLIFERATION, ANTI-TERRORISM, dress urgent and pressing needs for addi- Hospital in Bethlehem and $2,000,000 to sup- DEMINING AND RELATED PROGRAMS port the healthcare activities of Hadassah, tional election assistance, employment and The conference agreement provides the Women’s Zionist Organization of Amer- public works projects, and police assistance. $24,600,000 for ‘‘Nonproliferation, Anti-Ter- ica. The conferees direct that the obligation of The conferees agree that the budget re- funds be subject to prior consultation with rorism, Demining and Related Programs’’ in- quest and the recommendation contained in the Committees on Appropriations. stead of $17,100,000 as proposed by the House this Act do not provide specific direct finan- The conferees note recent political devel- and $32,100,000 as proposed by the Senate. cial support for the Palestinian Authority. opments in Lebanon and provide $5,000,000 The conferees intend for the funds to be used The conferees reiterate that the conditions for support of democracy activities and pro- as follows: $17,100,000 for the protection of and restrictions on assistance for the West grams. The conferees expect these funds to Afghan President Karzai, as requested, and Bank, Gaza, and Palestinian Authority con- be managed by Bureau of Democracy, Human $7,500,000 for the Non-proliferation and Disar- tained in the General Provisions section of Rights and Labor at the Department of mament Fund. These funds remain available division D of Public Law 108–447 apply to as- State. until September 30,2006. sistance for the West Bank and Gaza rec- ASSISTANCE FOR THE INDEPENDENT STATES OF FUNDS APPROPRIATED TO THE PRESIDENT ommended under this heading, as well as the THE FORMER SOVIET UNION OTHER BILATERAL ASSISTANCE separate account requirement contained in The conference report includes $70,000,000 GLOBAL WAR ON TERROR PARTNERS FUND section 529 of that law. The conferees further for ‘‘Assistance for the Independent States of (INCLUDING TRANSFER OF FUNDS) agree that the waiver detailed in Presi- the Former Soviet Union’’, as proposed by dential determination 2005–10 shall not be ex- the Senate, instead of $33,700,000 as proposed The conference agreement does not include tended to funds appropriated under this by the House. funding for the Global War on Terror Part- Chapter. Funds in this account are allocated in the ners Fund. The House did not recommend The conference agreement includes a pro- following table and, as stipulated in section funding for this account, and the Senate pro- vision providing $50,000,000 for assistance for 2111, any change to these allocations is sub- posed $25,500,000. Funding for the purposes of Israel to help improve the movement of peo- ject to the regular reprogramming proce- the Solidarity Initiative is addressed under ple and goods in and out of Israel, as pro- dures of the Committees on Appropriations: ‘‘Peacekeeping Operations’’. posed by the Senate. The conferees are aware Assistance for the Independent States of MILITARY ASSISTANCE the Former Soviet Union that infrastructure will be needed on both FUNDS APPROPRIATED TO THE PRESIDENT the Palestinian and Israeli sides of the sepa- [In thousands of dollars] FOREIGN MILITARY FINANCING PROGRAM ration lines and intend that these funds be Ukraine ...... $60,000 used to meet the great need in developing North Caucasus ...... 5,000 The conference agreement includes this infrastructure. The resulting flow of Belarus ...... 5,000 $250,000,000 for ‘‘Foreign Military Financing goods and people should greatly improve the Program’’, as proposed by the House and economic well-being of the Palestinian peo- Total ...... $70,000 Senate and as contained in the request. The ple while building the revenue base of the The conferees are encouraged by recent po- conferees recommend $150,000,000 for Paki- Palestinian Authority. litical developments in Ukraine and rec- stan and $100,000,000 for Jordan. ommend $60,000,000 for assistance for that The $200,000,000 provided in this account PEACEKEEPING OPERATIONS country. This funding should be used for pro- shall only be allocated as requested and de- The conference agreement includes tailed in the following table. The Adminis- grams to further political and economic re- forms and to strengthen democracy and the $240,000,000 for ‘‘Peacekeeping Operations’’ tration may reallocate, only within the instead of $10,000,000 as proposed by the projects listed here, up to 10 percent of any rule of law. The conference agreement provides House and $210,000,000 as proposed by the of the following allocations, except that the $5,000,000 for humanitarian, conflict mitiga- Senate. Of these funds, $10,000,000 is for the total for the allocation receiving such funds tion, and relief and recovery assistance for reform of security forces in southern Sudan, may not be increased by more than 20 per- needy families and communities in up to $200,000,000 for assistance to coalition cent. Any reallocations shall be subject to Chechnya, Ingushetia, and elsewhere in the allies with troops in Iraq and Afghanistan, prior consultations with the Committees on North Caucasus. The conferees intend these and up to $30,000,000 that may be used pursu- Appropriations. funds to be administered by USAID’s Moscow ant to a determination by the President, and [In thousands of dollars] Mission and Office of Conflict Management after consultation with the Committees on Economic Revitalization and Mitigation, in consultation with the Appropriations, that such use will support Palestinian agriculture Committees on Appropriations. the global war on terrorism. This funding and agribusiness pro- The conferees expect that of the funds could be used, for example, for training and duction and marketing $15,000 made available for democracy assistance for equipment of foreign counter-terrorism Trade promotion and ca- Belarus, $2,500,000 will be made available to forces or border security forces. The con- pacity building ...... 24,000 the Bureau of Democracy, Human Rights and ferees commend the President’s Solidarity Home construction fi- Labor, Department of State, for political Initiative. nancing ...... 1,000 party development activities. The conferees GENERAL PROVISIONS—THIS CHAPTER Job creation, with an recommend that the balance of funds be used Sec. 2101. The conference agreement in- emphasis on construc- to support independent media and civil soci- tion of schools and ety in Belarus. cludes a general provision proposed by the community centers ..... 20,000 Senate, and similar to that proposed by the Improved flow of people DEPARTMENT OF STATE House, that amends section 37(a) of the For- and goods into Israel ... 50,000 INTERNATIONAL NARCOTICS CONTROL AND LAW eign Assistance Act of 1961 by striking Subtotal, Economic Re- ENFORCEMENT ‘‘Iraq’’ from the list of countries for which vitalization ...... 110,000 The conference agreement includes the United States would otherwise be re- Infrastructure Develop- $620,000,000 for ‘‘International Narcotics Con- quired to withhold voluntary contributions. ment trol and Law Enforcement’’, instead of Sec. 2102. The conference agreement in- Roads and water ...... 50,000 $594,000,000 as proposed by the House and cludes a general provision as proposed by the Democratic reform and $660,000,000 as proposed by the Senate. These House and Senate that rescinds previously the rule of law ...... 16,000 funds remain available for obligation until appropriated funds for Turkey in P.L. 108–11. Community Policing ...... 3,000 September 30, 2007. Education, including vo- The conferees intend that any costs associ- The conferees expect that of the funds pro- ated with the rescission of funds, and termi- cational training ...... 8,000 vided under this heading, $260,000,000 shall be Health care and food as- nation of planned programs, may be funded made available for counternarcotics pro- from within the subject unexpended bal- sistance ...... 13,000 grams and activities. Subtotal, Infrastructure ances. Development ...... 90,000 MIGRATION AND REFUGEE ASSISTANCE Sec. 2103. The conference agreement in- The conference agreement provides cludes a general provision proposed by the Total ...... $200,000,000 $120,400,000 for ‘‘Migration and Refugee As- House bill, regarding audit requirements for

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The conference agreement in- and $29,000,000 is for the deployment of radi- spending authorized in this Act, showing the cludes a general provision proposed by the ation detection equipment and the training on-board level of FTEs for each individual House that establishes financial reporting of law enforcement officials in overseas ports office by location; the number of vacant requirements for funds appropriated in this to provide them with the technical means to FTEs; and the new hires planned by week for chapter prior to their obligation. The pur- detect, deter, and interdict illicit trafficking each office beginning the week after enact- pose of the financial plan is to ensure that in nuclear and other radioactive materials ment of this Act through September 30, 2005. the Committees on Appropriations have a through the MegaPorts program. The conferees are aware that ICE has been complete and detailed understanding of how CHAPTER 2 unable to obligate for fiscal year 2005 en- agencies intend to use the resources provided hancements and initiatives due to the uncer- in this chapter. The provision allows 15 per- Department of Homeland Security tainty of its financial condition and its pend- cent of funds to be obligated prior to the sub- CUSTOMS AND BORDER PROTECTION ing reprogramming. The conferees wish to mission of the financial report, which is due SALARIES AND EXPENSES ensure that these programs are initiated in 30 days after enactment. This restriction on The conferees provide $124,425,000 for costs an orderly way, that requisite funds do not new obligations does not apply to funds used associated with hiring, training, equipping lapse, and that continuity of funding is as- to reimburse accounts for obligations made and supporting 500 Border Patrol agents, in- prior to enactment. sured. Therefore, within the total amounts stead of $105,451,000 as proposed by the Sen- Sec. 2105. The conference agreement in- provided, the conferees include $85,200,000, ate and no funding as proposed by the House. cludes a general provision, as proposed by offset by a rescission, and direct the Depart- the House, that establishes certain auditing Funds are to remain available until Sep- ment to include funding required to annu- requirements for counternarcotics and alter- tember 30, 2006. Of this amount, $49,075,000 in alize and continue activities supported with native development funding in fiscal year new funding is provided and designated an these funds in its fiscal year 2007 budget. emergency requirement. The conferees have 2005 in Afghanistan. UNITED STATES COAST GUARD Sec. 2106. The conference agreement in- included bill language that requires the Sec- cludes a provision, similar to that proposed retary of Homeland Security to provide the OPERATING EXPENSES Committees on Appropriations a plan not by the House and Senate, regarding a report- The conference agreement includes ing requirement regarding the Palestinian later than June 15, 2005, for the expeditious implementation and execution of these $111,950,000 for U.S. Coast Guard operations Authority, and provides that up to $5,000,000 in support of Operation Iraqi Freedom and from funds provided for the West Bank and funds. The conferees are concerned that the Operation Enduring Freedom as proposed by Gaza may be used for an independent audit both the House and the Senate. The entire of Palestinian Authority expenditures and amounts appropriated in Public Laws 107–117 and 108–11 for ‘‘Customs and Border Protec- amount is designated as an emergency re- accounting procedures. quirement. Sec. 2107. The conference agreement in- tion’’ have not been fully obligated. The con- cludes a provision allowing certain amounts ferees direct the Secretary of Homeland Se- ACQUISITION, CONSTRUCTION, AND in the fiscal year 2005 State Department Ap- curity to immediately utilize the remaining IMPROVEMENTS propriations Act to be subject to certain re- funds for the purposes appropriated. The con- The conference agreement includes programming requirements, as proposed by ferees further direct the Secretary to sub- $49,200,000 as proposed by the House and the the Senate. mit, within 30 days of enactment of this Act, Senate, to remain available until September Sec. 2108. The conference agreement in- a plan for the obligation of these funds. 30, 2007. The conferees agree that the funds cludes a general provision similar to that CONSTRUCTION proposed by the Senate, which earmarks may be used for procurement of new U.S. The conferees provide $51,875,000 for con- $20,000,000 provided in Public Law 108–106 Coast Guard 110-foot patrol boats or major struction costs associated with hiring an ad- under the heading ‘‘Iraq Relief and Recon- refits, renovation, and subsystem replace- ditional 500 Border Patrol agents, instead of struction Fund’’ for assistance for families ment for these boats, as proposed by the and communities of innocent Iraqi victims of $41,500,000 as proposed by the Senate, and no House. The Senate proposed this funding be the military operations. This assistance is funding proposed by the House. Funding is to used only for renovation and subsystem re- designated as the ‘‘Marla Ruzicka Iraqi War remain available until September 30, 2006. placement. The entire amount is designated Victims Fund’’, in memory of Marla Ruzicka The conferees have included bill language as an emergency requirement. who on April 16, 2005, died at the age of 28 in that requires the Secretary of Homeland Se- By July 1, 2005, or prior to the obligation of a car bomb attack in Baghdad. Marla curity to provide the Committees on Appro- funds, the Coast Guard is directed to provide Ruzicka inspired the creation of this pro- priations a plan not later than June 15, 2005, to the House and Senate Appropriations gram and a similar program in Afghanistan. for the expeditious implementation and exe- Committees an analysis of the costs and ben- Sec. 2109. The conference agreement in- cution of these funds. This funding is des- efits of procuring new 110–foot or 123–foot pa- cludes a general provision, as proposed by ignated an emergency requirement. trol boats versus renovating the existing 110- the Senate, that makes a technical change IMMIGRATION AND CUSTOMS ENFORCEMENT foot patrol boats. This analysis is to include to the Millennium Challenge Authorization SALARIES AND EXPENSES the expected available patrol boat mission Act, 2003. The conferees provide a total of $454,250,000 hours over the next 10 years. with the exist- Sec. 2110. The conference agreement in- ing fleet versus the yearly mission hours cludes a provision, similar to that proposed for Immigration and Customs Enforcement, Salaries and Expenses, as opposed to conducted since 9/11 and the 10–year pro- by the House, requiring that recipients of jected mission hour needs. The analysis United States emergency humanitarian as- $276,000,000 proposed by the Senate and no funding as proposed by the House. Of these should explain how the Coast Guard intends sistance establish a code of conduct con- to meet the mission needs filled by the 110- sistent with internationally accepted prin- funds, $349,050,000 is designated as an emer- gency requirement. Of this amount, foot patrol boat. The conferees note that this ciples established to protect victims of disas- information was first requested in 2004 as ters from exploitation. $93,050,000 is made available to fund an addi- tional 50 criminal investigator positions, 168 part of the statement of managers accom- Sec. 2111. The conference agreement in- panying Public Law 108–334. The report was cludes a new provision requiring that funds Immigration Enforcement Agents and Depor- tation Officers, and 1,950 additional deten- due on February 10, 2005, but has not been re- in the following accounts be allocated as in- ceived to date. dicated in the statement of managers accom- tion beds; and not less than $11,000,000 is panying this Act: ‘‘Economic Support Fund’’ made available to immediately lift the hir- FEDERAL LAW ENFORCEMENT TRAINING CENTER and’’ Assistance for the Independent States ing freeze. The conferees do not provide the SALARIES AND EXPENSES of the Former Soviet Union’’. Any change to $389,613,000 in non-emergency funding that these allocations is subject to the regular was proposed by the Senate. The conferees provide funding for the Fed- notification procedures of the Committees The conferees endorse the views expressed eral Law Enforcement Training Center sala- on Appropriations. in the Senate Committee report (Senate Re- ries and expenses of $2,568,000 and make the The conference agreement does not include port 109–152), and direct Immigration and funding available until September 30, 2006, Senate sections 2104, 2107, 2108, and 2111. Customs Enforcement (ICE) to realign its accommodate the training for new Border TITLE III—DOMESTIC APPROPRIATIONS Detention and Removal Operation Program, Patrol Agents and Immigration and Customs FOR THE WAR ON TERROR by program, project, and activity, as set Enforcement agents and officers. forth on pages 51 and 52 of that report. The CHAPTER 1 ACQUISITION, CONSTRUCTION, IMPROVEMENTS/ conferees also direct ICE to make available Department of Energy AND RELATED EXPENSES additional user fees as set forth on page 52 of NATIONAL NUCLEAR SECURITY ADMINISTRATION that report. Because the conferees have in- The conferees provide $1,882,000 for facili- DEFENSE NUCLEAR NONPROLIFERATION cluded funds above the realigned amounts ties, to remain available until September 30, The conference agreement provides referenced above, in lieu of the Senate re- 2006, for costs associated with additional $84,000,000 for defense nuclear nonprolifera- porting requirement, the conferees direct the Border Patrol and ICE training.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00117 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2862 CONGRESSIONAL RECORD — HOUSE May 3, 2005 CHAPTER 3 estimate of the unique needs of these users be a member of the Joint Committee on the Department of Justice by agency, fiscal year, project, program and Library and the Board of Trustees of the activity; (4) an estimated cost on a by-user Open World Leadership Program. GENERAL ADMINISTRATION basis (including a listing of each user agen- CAPITOL POLICE DETENTION TRUSTEE cy); and (5) any additional TSC requirements GENERAL EXPENSES The conference agreement includes and the costs associated with those require- $184,000,000 for the Detention Trustee ac- ments. The conference agreement provides an ad- count. Funding is provided in lieu of any pre- Office of Inspector General.—The con- ditional amount of $11,000,000 for General Ex- vious transfers made into this account in fis- ference agreement includes $1,250,000 to be penses, Capitol Police. This includes cal year 2005 from the Asset Forfeiture Fund. transferred to the Office of Inspector General $2,600,000 for technical counter measures dur- ing the construction of the Capitol Visitor LEGAL ACTIVITIES (OIG) to support the OIG’s review of the TSC and other counterterrorism activities. Center. The conferees direct the Capitol Po- ASSET FORFEITURE FUND Special Technologies and Applications Sec- lice to purchase the necessary equipment for (RESCISSION) tion (STAS).—The conference agreement in- the Security Services Bureau with available The conference agreement includes a re- cludes $3,000,000 for STAS, instead of no unobligated balances. In addition, $8,400,000 scission of $40,000,000 from unobligated bal- funding as proposed by the House and is provided for the purchase of escape hoods ances in this account. $6,000,000 as proposed by the Senate. This for the Capitol Complex. The conference agreement does not provide funding for radio UNITED STATES MARSHALS SERVICE funding is provided to accelerate the devel- opment and deployment of intelligence anal- system repairs and security infrastructure SALARIES AND EXPENSES ysis tools. for the Fairchild Building, as proposed by The conference agreement provides The conferees are aware of the unique the Senate. The Capitol Police are directed $11,935,000 for the United States Marshals space requirements of the STAS and direct to fund these items with available unobli- Service (USMS) as proposed by the Senate. STAS to work with the General Services Ad- gated balances. Recent events prove a need for increased ju- ministration and to use existing resources to ARCHITECT OF THE CAPITOL dicial security outside of courthouse facili- lease up to 175,000 square feet of additional CAPITOL GROUNDS ties to better detect, assess and respond to facility space within its immediate sur- The conference agreement provides an ad- threats and inappropriate communications rounding area. made to judges. The conference agreement ditional amount of $8,200,000, to remain DRUG ENFORCEMENT ADMINISTRATION provides this funding for off-site security en- available until September 30, 2006, to com- hancements for judges, such as home intru- SALARIES AND EXPENSES plete perimeter security for the Capitol sion detection systems. The conference agreement includes Square. In coordination with the Administrative $7,648,000 as proposed by the House and Sen- CAPITOL POLICE BUILDINGS AND GROUNDS Office of the United States Courts, the USMS ate, for the Drug Enforcement Administra- The conferees have agreed to provide shall submit a spending plan to the Commit- tion’s counternarcotics efforts to reduce $2,500,000 for an Interim Offsite Delivery/ tees on Appropriations prior to the obliga- poppy and heroin production in Afghanistan. Screening Facility and $1,600,000 for design of tion of any of these funds. The conferees also BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND a permanent Offsite Delivery/Screening Fa- believe the USMS should reevaluate existing EXPLOSIVES cility, both to be located at DC Village. The policies governing judicial protection and di- SALARIES AND EXPENSES conferees expect that the Architect will rect the USMS to submit a report on its up- move expeditiously to complete this critical The conferees recommend $4,000,000 for the dated policies to the Committees. on Appro- project and keep the Committees apprised of Bureau of Alcohol, Tobacco, Firearms and priations no later than July 30, 2005. progress on a regular basis. Explosives (ATF), instead of $5,100,000 as pro- FEDERAL BUREAU OF INVESTIGATION posed by the Senate. The House did not pro- TITLE IV—INDIAN OCEAN TSUNAMI SALARIES AND EXPENSES pose any funding for this account. RELIEF The conference agreement provides This funding is provided to support ATF’s CHAPTER 1 $73,991,000 for the Federal Bureau of Inves- on-going activities in the Iraq theater of op- FUNDS APPROPRIATED TO THE PRESIDENT tigation (FBI), instead of $78,970,000 as pro- erations, including assistance to the U.S. OTHER BILATERAL ASSISTANCE posed by the House and $66,512,000 as pro- military. Within the amount provided, posed by the Senate. The conferees strongly $2,100,000 shall be for expenditures in direct TSUNAMI RECOVERY AND RECONSTRUCTION FUND support the FBI’s deployment in Iraq and the support of explosives enforcement and fire- (INCLUDING TRANSFERS OF FUNDS) operations of the Terrorist Screening Center. arms tracking in Iraq; $400,000 shall be for a The conference agreement provides However, the conferees are disappointed that Combined Explosives Exploitation Cell to $656,000,000 for emergency relief, rehabilita- the fiscal year 2005 budget request did not in- provide improvised explosive device (IED) tion and reconstruction aid to countries af- clude sufficient funding for these critical on- technical support to the Department of De- fected by the tsunami of December 26, 2004 going operations. If additional resources are fense components in Iraq; and $1,500,000 for and the earthquakes of December 2004 and needed for either of these activities, the con- operations to track explosives incidents in March 2005, as proposed by the Senate in- ferees will support a reprogramming of fund- Iraq in a centralized database and to provide stead of $659,000,000 as proposed by the ing from lower priority programs. technical expertise in the exploitation of House. Iraqi Operations.—The conference agree- IED’s. The conferees direct that, prior to the The conference agreement authorizes the ment includes $34,531,000 for operations in obligation of the funds for a centralized Secretary of State to transfer funds to any Iraq instead of $40,000,000 as proposed by the database, the ATF shall submit a plan to the Federal agency or account for activities au- House and $29,062,000 as proposed by the Sen- Committees on Appropriations that identi- thorized under the Foreign Assistance Act of ate. fies the timetable, requirements, scope and 1961 or under the Agricultural Trade Devel- Terrorist Screening Center (TSC).—The costs related to its creation. opment and Assistance Act of 1954. Of these conference agreement includes $35,210,000 for CHAPTER 4 funds, up to $17,500,000 may be transferred to TSC instead of $38,970,000 as proposed by the LEGISLATIVE BRANCH USAID’s operating expenses and $1,000,000 House and $31,450,000 as proposed by the Sen- may be transferred to USAID’s Office of In- ate. The conference agreement adopts the HOUSE OF REPRESENTATIVES spector General to cover the unexpected House and Senate report language expressing PAYMENT TO WIDOWS AND HEIRS OF DECEASED costs of administering and auditing the as- concern about TSC’s continued reliance on MEMBERS OF CONGRESS sistance. temporary duty staff to perform this critical The conference agreement includes the The conference agreement includes author- mission. customary death gratuity to Doris K. Mat- ity, as proposed by the Senate, to use funds The conference agreement adopts the sui, widow of Robert T. Matsui, late a Rep- appropriated under this heading to address House report language requiring the Office of resentative from the State of California. the potential health crisis should the avian Inspector General to evaluate TSC’s plan to SALARIES AND EXPENSES influenza virus become pandemic in South- support the Secure Flight program. The re- east Asia. The Committees on Appropria- The conference agreement includes port to the House and Senate Appropriations tions expect to be consulted prior to the obli- $39,000,000 for House operations related to Committees shall be submitted by August 1, gation or expenditure of such funds. Business Continuity/Disaster Recovery, se- 2005. The conference agreement adopts the The conference agreement allows cure and digital mail, and information sys- Senate report language requiring submission $10,000,000 to be transferred to and consoli- tem security. of a long-term plan for TSC to be submitted dated with USAID’s ‘‘Development Credit no later than September 1,2005. The report ADMINISTRATIVE PROVISIONS Authority’’ for the cost of direct loans and shall include the following: (1) a five year The conference agreement includes an ad- loan guarantees. An additional $5,000,000 may staffing and spending plan for TSC; (2) a list ministrative provision related to the deposit be transferred to and consolidated with the of TSC’s existing and projected users, their of fees. In addition, language is included State Department’s ‘‘Emergencies in the sponsoring agency, and that agency’s finan- making a technical correction for the chair Diplomatic and Consular Service’’ account. cial and in-kind contributions to TSC; (3) a of the Committee on Appropriations, or his The conference agreement provides author- comprehensive description and direct cost designee, of the House of Representatives to ity for the United States to participate with

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To get their debt the Committees on Appropriations have a mount such a program, an inter-agency rescheduled, the governments of these coun- complete and detailed understanding of how taskforce and plan will be developed and im- tries must commit to provide an equivalent agencies intend to use the resources provided plemented. The Committees on Appropria- amount of resources to the victims of the in this chapter. The provision allows 15 per- tions expect to be consulted by this natural disasters. To ensure transparency, cent of funds to be obligated prior to the sub- taskforce not later than 30 days following the Secretary of State is required to arrange mission of the financial report, which is due enactment of this Act on the status and im- for an outside independent evaluation of 30 days after enactment. This restriction on plementation of such a plan. new obligations does not apply to funds used each country’s compliance with the commit- The conference agreement does not include to reimburse accounts for obligations made ment. House section 5003 or Senate sections 6052 prior to enactment. The Senate bill did not The conference agreement provides and 6054. $5,000,000 to support environmental recovery address this provision. The conference agreement does not include activities in tsunami-affected countries. Sec. 4103. The conference agreement in- The conference agreement provides cludes a general provision similar to that Senate language regarding the protection of $10,000,000 for programs and activities that proposed by both the House and Senate that the Galapagos. However, the conferees en- create new economic opportunities for allows funds appropriated to be obligated dorse the findings of that amendment and women. The conferees recommend $10,000,000 and expended notwithstanding section 15 of strongly urge the Government of Ecuador to for small grants to support training and the State Department Basic Authorization (1) refrain from actions that could cause equipment for women-led, local non-govern- Act, section 313 of the Foreign Relations Au- harm to the biodiversity of the Galapagos or mental organizations. thorization Act, section 10 of Public Law 91– encourage illegal fishing in the Marine Re- The conference agreement provides 672, and section 504(a)(l) of the National Se- serve; (2) select the directorship of the Gala- $1,500,000 to support initiatives for the pro- curity Act of 1947. pagos National Park Service through a tection of women and children from violence, Sec. 4104. The conference agreement in- transparent process based on merit; (3) en- trafficking and exploitation. cludes a general provision, similar to lan- force the Galapagos Special Law in its en- The conference agreement provides guage proposed by the Senate, providing tirety; and (4) prohibit long-line fishing. $1,500,000 for programs to address the needs $25,000,000 to combat the spread of the avian The conference agreement does not include of people with disabilities resulting from in- influenza virus. The conferees are gravely sense of the Senate language regarding juries and trauma caused by the tsunami, in- concerned by the current outbreak in South- Nepal. However, the conferees deplore the stead of $12,000,000 as proposed by the Senate. east Asia, and therefore initiate a coordi- February 1, 2005 action by the King of Nepal The conference agreement provides that nated inter-agency program to prevent and dissolving the multi-party government, and $12,500,000 should be made available to sup- control the spread of this virus. The con- call for the immediate release of all political ferees understand that the Centers for Dis- port initiatives that focus on the immediate detainees, the restoration of constitutional ease Control and Prevention (CDC) of the De- and long-term needs of children. liberties, and good faith negotiations with partment of Health and Human Services GENERAL PROVISIONS—THIS CHAPTER Nepal’s political party leaders to restore de- have the necessary expertise to implement mocracy. Sec. 4101. The conference report includes a the bulk of these activities and have accord- general provision proposed by both the ingly transferred $15,000,000 to CDC for use in CHAPTER 2 House and Senate that provides that combating the spread of the avian influenza Department of Defense—Military amounts provided under this chapter shall be virus in Southeast Asia. The conferees appre- in addition to amounts that may be obli- ciate the valuable role the World Health Or- The conference agreement recommends gated in fiscal year 2005 under section 492(b) ganization (WHO) played in combating the $225,650,000, as proposed by the House and of the Foreign Assistance Act of 1961. SARS outbreak and expect that the United Senate to reimburse the Department of De- Sec. 4102. The conference agreement in- States agencies will work closely with both fense accounts for Indian Ocean Tsunami Re- cludes a general provision proposed by the the WHO and the Food and Agricultural Or- lief costs, as follows:

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00119 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2864 CONGRESSIONAL RECORD — HOUSE May 3, 2005

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00120 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE Insert graphic folio 355 here ES02MY05.016 May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2865 CHAPTER 3 ical Agriculture and Human Resources in viding $10,000,000 for a grant to Pocono DEPARTMENT OF HOMELAND SECURITY Hawaii, as proposed by the Senate. Township, Tannersville, Pennsylvania to as- UNITED STATES COAST GUARD NATURAL RESOURCES CONSERVATION SERVICE sist in the expansion of the only existing OPERATING EXPENSES EMERGENCY WATERSHED PROTECTION PRO- injectable influenza vaccine production facil- ity in the United States, which is located in The conference agreement provides $350,000 GRAM to fund the incremental cost of the U.S. The conference agreement provides Swiftwater, Pennsylvania. The conferees are Coast Guard’s air operations in support of $104,500,000 for eligible work identified in the agreed that this emergency appropriation is tsunami relief efforts in Southeast Asia, as Emergency Watershed Protection Program, in the nation’s interest because of the na- proposed by both the House and the Senate. Recovery Projects Unfunded list, including tional need to increase the supply of domes- The entire amount is designated as an emer- full funding for eligible needs in the state of tically produced influenza vaccine and to de- gency requirement. Utah. The Senate proposed $103,000,000 for crease the likelihood of another influenza vaccine shortage. The agreement includes CHAPTER 4 this account and the House proposed no five rescissions of inactive Department of DEPARTMENT OF THE INTERIOR funding. The conference agreement directs the Secretary of Agriculture to count cer- Health and Human Services (HHS) funds to UNITED STATES GEOLOGICAL SURVEY tain local financial and technical resources offset the spending. The funding and rescis- SURVEYS, INVESTIGATIONS, AND RESEARCH contributed toward flood recovery in Utah sions were included in the Senate bill. The The conference agreement provides toward local matching requirements, as pro- House bill included neither the appropriation $8,100,000 for surveys, investigations, and re- posed by the Senate. nor the rescissions. search, as proposed by both the House and GENERAL PROVISIONS, THIS CHAPTER The conference agreement also includes a the Senate, to provide increased earthquake new paragraph providing an additional Sec. 5101. The conference agreement in- and tsunami detection through expansion of cludes a provision to transfer unobligated $58,000,000 to the Public Health and Social the Global Seismographic Network and the amounts available under the Department of Services Emergency Fund to be transferred National Earthquake Information Center. Agriculture, Rural Housing Insurance Fund to the Centers for Disease Control and Pre- CHAPTER 5 Program Account to the Rental Assistance vention for the purchase of influenza coun- Department of Commerce Account, for projects in North Carolina, as termeasures for the Strategic National NATIONAL OCEANIC AND ATMOSPHERIC proposed by the Senate. Stockpile. The conferees understand that in- ADMINISTRATION Sec. 5102. The conference agreement in- fluenza countermeasures include, but are not limited to, antiviral medications and vac- OPERATIONS, RESEARCH, AND FACILITIES cludes language regarding the eligibility of the Village of New Miami, Ohio, for grants cines. The conferees believe these funds are The conference agreement includes urgently needed to enhance our nation’s pre- $7,070,000 for ‘‘Operations, Research, and Fa- funded through the Rural Housing Assist- ance Grants account within the Department paredness to respond to a severe influenza cilities,’’ as proposed by the Senate, instead outbreak, particularly in light of the current of $4,830,000 as proposed by the House. The of Agriculture, as proposed by the Senate. Senate Sec. 5103. The conference agree- reports of Avian influenza activity in South- conference agreement includes, by reference, east Asia. language in the House report regarding the ment does not include funding for financial This additional funding is offset by a re- submission of an implementation plan and and technical assistance related to the scission of $58,000,000 of the cancer hospital timetable and regarding Native American Manoa Watershed in Hawaii, as proposed by loan fund created by section 1016 of the Medi- communities living near the Cascadia the Senate. Sec. 5103. The conference agreement in- care Modernization Act of 2003. subduction zone, and language in the Senate cludes language allowing for a transfer of report regarding inundation mapping. RELATED AGENCY Department of Agriculture funds from the INSTITUTE FOR MUSEUM AND LIBRARY PROCUREMENT, ACQUISITION AND Lost River watershed project in West Vir- SERVICES CONSTRUCTION ginia to the Upper Tygart watershed project The conference agreement includes in West Virginia, as proposed by the Senate. OFFICE OF MUSEUM AND LIBRARY SERVICES: $10,170,000 under this account as proposed by Sec. 5104. The conference agreement in- GRANTS AND ADMINISTRATION the Senate, instead of $9,670,000 as proposed cludes language providing the Secretary of The conference agreement does not include by the House, to support the improvement of Agriculture flexibility in administering an $10,000,000 in emergency funding for the Uni- seismic measurements and the acquisition existing grant to Alaska dairy farmers, as versity of Hawaii Library as proposed by the and deployment of 32 additional tsunami-re- proposed by the Senate. Senate. The House bill did not include a porting buoys. The conferees encourage CHAPTER 2 similar provision. NOAA to develop buoys with capabilities be- DEPARTMENT OF THE INTERIOR CHAPTER 4 yond the single purpose of tsunami report- ing. The conference agreement includes, by DEPARTMENTAL MANAGEMENT THE JUDICIARY reference, language in the Senate report re- SALARIES AND EXPENSES COURTS OF APPEALS DISTRICT COURTS AND garding the submission of a spending plan. The conference agreement provides OTHER JUDICIAL SERVICES SALARIES AND EX- TITLE V—OTHER EMERGENCY $3,000,000 in emergency appropriations for PENSES APPROPRIATIONS salaries and expenses as proposed by the Sen- (INCLUDING TRANSFER OF FUNDS) ate instead of no funding as proposed by the CHAPTER 1 The conference agreement does not include House. DEPARTMENT OF AGRICULTURE additional funds for the Judiciary, as pro- RELATED AGENCY OFFICE OF THE SECRETARY posed by the Senate. The House did not in- Asian Soybean Rust.—The conferees are DEPARTMENT OF AGRICULTURE clude a similar provision. aware that Asian Soybean Rust has been FOREST SERVICE DEPARTMENT OF HOUSING AND URBAN identified in the United States and that CAPITAL IMPROVEMENT AND MAINTENANCE DEVELOPMENT great harm to soybean production and rural The conference agreement provides HOUSING PROGRAMS economies may result. It is important that $24,390,000 in emergency appropriations for HOUSING FOR PERSONS WITH DISABILITIES the Department of Agriculture initiate an capital improvement and maintenance in- immediate and strong response to meet this stead of $31,980,000 as proposed by the Senate (INCLUDING RESCISSION OF FUNDS) threat. The conferees urge the Secretary to and no funding as proposed by the House. The conference agreement includes the re- utilize funding from available sources, in- The managers have included the $2,410,000, scission and reappropriation of fiscal year cluding contingency and CCC resources, to recommended by the Senate in the national 2005 funds in this account in order to provide concentrate research, outreach, and regu- forest system account, in this account to two-year availability, as proposed by the latory activities in those areas where Asian provide management flexibility to use these Senate. The House did not include a similar Soybean Rust has been identified and where emergency funds for the most urgent prior- provision. the greatest risk for disease expansion is evi- ities. Funding is provided for the repair of OFFICE OF FEDERAL HOUSING ENTERPRISE dent. national forest facilities and lands damaged OVERSIGHT (i) Common Computing Environment.—The by severe storms in southern California, in- SALARIES AND EXPENSES conferees direct that of the funds made cluding the Angeles, Cleveland, Los Padres available to the Administrator of the Farm and San Bernardino National Forests. (INCLUDING TRANSFER OF FUNDS) Service Agency, not less than $33,000,000 CHAPTER 3 The conference agreement includes shall be available for Geographic Informa- $5,000,000 in additional funds for the Office of tion Systems, of which not less than DEPARTMENT OF HEALTH AND HUMAN SERVICES Federal Housing Enterprise Oversight $23,500,000 shall be available to the National (OFHEO), as proposed by the Senate, with OFFICE OF THE SECRETARY Agricultural Imagery Program. modifications. The House did not include a COOPERATIVE STATE RESEARCH, EDUCATION, PUBLIC HEALTH AND SOCIAL SERVICES similar provision. These additional funds AND EXTENSION SERVICE RESEARCH AND EMERGENCY FUND have been made available to ensure OFHEO EDUCATION ACTIVITIES (INCLUDING RESCISSIONS OF FUNDS) has enough resources to complete all nec- The conference agreement does not include The conference agreement includes modi- essary audits and to pay for any litigation $3,000,000 for a grant to the College of Trop- fied language proposed by the Senate pro- costs, as necessary. However, by undertaking

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00121 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2866 CONGRESSIONAL RECORD — HOUSE May 3, 2005 an assessment without first seeking an ap- project shall remain a local responsibility, Sec. 6023. The conference agreement in- propriation and prior to receiving an appro- consistent with the existing Project Co- cludes a provision making technical correc- priation, OFHEO has placed the conferees in operation Agreement. tions regarding nuclear waste disposal in an untenable situation of appropriating Sec. 6012. The conference agreement in- Title III of division C of Public Law 108–447. funds after the necessary offstting receipts cludes a provision relating to the mitigation Sec. 6024. The conference agreement modi- have been collected. Hence, without signifi- credit for the Big Cypress Seminole Reserva- fies a Senate provision related to the ‘‘De- cant amendments the conferees would have tion Water Conservation Plan Project in partment of Homeland Security Working been scored for any appropriation subsequent Florida. Capital Fund’’. The conferees are displeased to the assessment. To have made the assess- Sec. 6013. The conference agreement in- with the Department’s use of the Working ment without informing the Committees on cludes a provision making a technical cor- Capital Fund (WCF). The Department of Appropriations demonstrates an ignorance of rection relating to the San Gabriel Basin Homeland Security has not complied with budgetary rules, an arrogance in program Restoration Fund in Title II of division C of the requirements of the fiscal year 2005 Ap- implementation and a serious attempt by Public Law 108447 relating to the deposition propriations Act or the statement of man- OFHEO to ignore statutory intent. of a previous appropriation in the San Ga- agers accompanying the conference report In providing these funds, the conferees re- briel Basin Restoration Fund and the au- with respect to the WCF. The Department quire that prior to any use of these appro- thorized uses of the San Gabriel Basin Res- has used the WCF for projects and activities priations, OFHEO must provide the Commit- toration Fund. about which Congress has not been informed, or for which Congress has not provided ap- tees on Appropriations with a detailed oper- Sec. 6014. The conference agreement in- propriations. While the WCF can be a useful ating plan and henceforth must provide cludes a provision authorizing the Bureau of management tool, it will only exist if the quarterly reports on the use of all funds ap- Reclamation to expend funds in meeting the rules detailed in the annual appropriations propriated to OFHEO. terms of the Biological Opinion 2003 for the acts and reports are strictly adhered to. The GENERAL PROVISION, THIS CHAPTER Rio Grande River. Sec. 6015. The conference agreement in- Department must comply with statutory re- The conference agreement does not include cludes a provision that extends Section 8 of programming notification requirements, re- a provision providing $10,000,000 in new funds Public Law 104–298 (The Water Desalination gardless of the source of funds, and notify to cover the costs of repairs at the Univer- Act of 1996) to allow for the expenditure of the House and Senate Appropriations Com- sity of Hawaii, as proposed by the Senate. funds appropriated by Congress. mittees prior to initiating a new project, TITLE VI—GENERAL PROVISIONS AND Sec. 6016. The conference agreement in- whether it is run through the WCF, reim- TECHNICAL CORRECTIONS cludes a provision providing $2,000,000 for the bursable agreements, the Economy Act, or Sec. 6001. The conference agreement in- National Center for Manufacturing Sciences within any single component of the Depart- cludes a provision concerning the avail- in Michigan, and $825,000 for a research and ment. The conferees understand that the Oper- ability of funds, as proposed by both the development project in California to advance ation Integration Staff (I-Staff) has been re- House and the Senate. the state of metal hydride hydrogen storage moved from the WCF, but that funds have Sec. 6002. The conference: agreement in- using a technologically feasible and commer- been obligated for this purpose in fiscal year cludes a provision clarifying the application cially viable approach. 2005. In the past, the Committees objected to of designations within this Act pursuant to Sec. 6017. The conference agreement in- the use of the WCF for the I-Staff. The con- section 402 of the conference report to ac- cludes a provision providing, within avail- ferees direct a full and complete reporting, company S. Con. Res. 95 (108th Congress). able funds for the Office of Science, $2,000,000 within 15 days of enactment of this Act, of Sec. 6003. The conference agreement in- for continuation of project DE– all funds obligated in fiscal years 2004 and cludes language regarding Department of Ag- FG0204ER63842–04090945, the Southeast Re- 2005 for the I-Staff, including funding riculture business and industry loans, as pro- gional Cooling, Heating, and Power and sources, the number and source of all posed by the Senate. The language directs Biofuel Application Center in Mississippi, detailees, and a description and explanation $3,000,000 for the University of Texas South- that such assistance may not be denied due of all travel and contracts. The conferees western Medical Center, Dallas Metroplex to the failure of the Secretary of Labor to also understand that the Homeland Secure Comprehensive Imaging Center, $500,000 for certify the assistance within the time frame Data Network (HSDN) has been funded desalination technology at University of Ne- specified in the authorization. through the WCF. This program is further vada-Reno, $500,000 for the Oral History of Sec. 6004. The conference agreement in- addressed in this statement of managers. No the Negotiated Settlement project at UNR, cludes a provision related to the McClellan- further obligations for the I-Staff and HSDN $4,000,000 for the Fire Sciences Academy in Kerr Arkansas River navigation project that shall occur unless an official reprogramming corrects a citation to a public law under the Elko, Nevada, and $2,000,000 for the upgrade notification is provided to and approved by heading ‘‘Operation and Maintenance’’ in of chemistry laboratories at Drew Univer- the House and Senate Appropriations Com- title I of division C of Public Law 108–447. sity, New Jersey. mittees. Sec. 6005. The conference agreement in- Sec. 6018. The conference agreement in- Sec. 6025. The conference agreement in- cludes a technical correction to a provision cludes a provision providing $1,000,000, within cludes a new general provision requiring an- in title I of division C of Public Law 108–447 available funds for Fossil Energy Research nual appropriations justifications for the relating to credits and reimbursements and and Development, for remediation of natural WCF, and requiring that justifications for per state limitations on environmental in- gas leaks in the Borough of Versailles, Penn- each component of the Department carry ex- frastructure programs. sylvania. plicit information about WCF charges, reim- Sec. 6006. The conference agreement in- Sec. 6019. The conference agreement in- bursable agreements, and uses of the Econ- cludes a provision increasing the project cost cludes a provision making a technical cor- omy Act. estimate for the DeSoto County, Mississippi, rection to allow for the transfer of $10,000,000 Sec. 6026. The conference agreement in- project described in Section 219(f)(30) of(106 to carry out the purpose of section 3147 of cludes and modifies a provision, as proposed Stat. 4835; 106 Stat. 3737; 113 Stat. 334), and the Ronald W. Reagan National Defense Au- by the Senate, related to the Chief Informa- allowing the Secretary to reimburse the non- thorization Act for Fiscal Year 2005, Public tion Officer (CIO). The conferees withhold Federal sponsor for incurred costs. Law 108–375, regarding the Pajarito Plateau from obligation $5,000,000 of the CIO’s sala- Sec. 6007. The conference agreement in- Homesteader claims, and a provision relat- ries and expenses until the CIO submits an cludes a provision to increase the project ing to cybersecurity at DOE laboratories. expenditure plan for information technology cost estimate for the Fort Peck Fish Hatch- Sec. 6020. The conference agreement in- projects funded by the CIO or funded through ery project in Montana, as described in Sec- cludes a provision allowing the transfer of the use of reimbursable agreements. tion 325(f)(1)(A) of Public Law 106–541, to funds from the Defense Site Acceleration The conferees remind the Department of allow for the expenditure of funds appro- Completion account to ensure that projects Homeland Security that it is failing to abide priated by Congress for fiscal year 2005. within Defense Environmental Services are by the statutory requirements for the re- Sec. 6008. The conference agreement in- funded without unduly impacting mission programming and transfer of funds, and the cludes a provision relating to the authorized activities and statutory requirements, and initiation of new programs, projects or ac- project cost and the non-federal reimburse- provides $2,000,000, from within available tivities. Pursuant to law, advanced notifica- ment regarding the SR–1 Bridge in Delaware. funds, for the Tularosa Basin Desalination tion to the House and Senate Appropriations Sec. 6009. The conference agreement in- facility. Committees is required prior to the CIO ini- cludes a provision relating to valuation of Sec. 6021. The conference agreement in- tiating any new information technology fabrication ports when analyzing economic cludes a provision allowing the transfer of up project. The conferees direct the CIO to sub- benefits for navigation projects. to $4,000,000 from Defense Site Acceleration mit a list of every project underway or Sec. 6010. The conference agreement in- Completion to Weapons Activities to carry planned for fiscal year 2005; a complete list cludes a provision relating to Environmental out environmental cleanup of lands trans- of all legacy systems in operation as of Infrastructure projects. ferred from Los Alamos National Labora- March 1, 2003; the operating status of those Sec. 6011. The conference agreement in- tory. systems; and plans for continued operation cludes a provision relating to the authoriza- Sec. 6022. The conference agreement in- or termination of each system. The conferees tion of the Indiana Harbor and Canal, Con- cludes a provision to clarify Department of direct the CIO to submit an expenditure plan fined Disposal Facility, Indiana. The oper- Energy small business contracting require- for all on-going or planned projects, to in- ation and maintenance of the completed ments. clude but not be limited to: total project

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00122 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2867 costs, key milestones, obligations to date, of Resident and Nonresident Hunting and gration and Nationality Act to restore the contracts entered into, and a list of all fund- Fishing Act of 2005 as proposed by the Sen- authority of the Secretary of Labor to use a ing sources specifying the exact dollar ate. portion of the proceeds from the application amount. Sec. 6037, Sec. 6038, and Sec. 6039. The con- fee for the H–IB temporary visa program to In addition, the conferees direct the De- ference agreement includes several technical process applications for permanent labor cer- partment to submit a report detailing all re- corrections to State and Tribal Assistance tifications. imbursable agreements between the CIO’s of- Grants projects in the Environmental Pro- TECHNICAL CORRECTION—HIGHER fice and other departmental organizations in tection Agency. EDUCATION effect or planned for fiscal year 2005, as well TRANSFER AUTHORITY as all of those anticipated for fiscal year (INCLUDING RESCISSION OF FUNDS) 2006. Section 6040. The conference agreement Sec. 6047. The conference agreement in- The CIO is directed to submit to the House modifies a general provision as proposed by cludes a new provision making a technical and Senate Appropriations Committees an the Senate (section 6035) pertaining to the change to a project provided in Public Law analysis demonstrating that the Homeland repeal of transfer authority for the Depart- 108–447 in the Fund for the Improvement of Secure Data Network (HSDN) is more cost ments of Labor and Health and Human Serv- Postsecondary Education for fiscal year 2005. effective than other alternatives that were ices. The House bill contained no similar Neither the House nor Senate bills included considered prior to the initiation of the provision. The conference agreement repeals this provision. project. The report on the HSDN should ac- the Department of Labor transfer authority DETROIT LABOR BUILDING company the expenditure plan required by provided in section 102 of Public Law 108–447, and specifies that the general transfer au- The conference agreement deletes without this Act. The conferees have no bias towards prejudice a provision proposed by the Senate development of the HSDN, but are extremely thority for the Department of Health and Human Services shall be limited to emer- to transfer the full title on the Detroit Labor concerned by the lack of any presentation on Building to the State of Michigan. The con- the need for this project in the fiscal year gency use only, and is not to be used to cre- ferees understand this provision is not nec- 2004 or 2005 appropriations justifications. The ate new programs, or to fund any project or essary to complete the sale of the building. conferees note, for example, that the con- activity for which no funds were provided in The House bill contained no similar provi- tract for the development and implementa- division F of Public Law 108–447. sion. tion of the HSDN was awarded on April 12, TECHNlCAL CORRECTIONS—FUND FOR Sec. 6048. The Conference agreement in- 2004, yet the fiscal year 2004 project plans for THE IMPROVEMENT OF EDUCATION— cludes language which authorizes using roy- the CIO’s office were submitted April 20, 2004, FISCAL YEAR 2005 alty fees and payments for the Library of with no mention of the HSDN project. Sec. 6041. The conference agreement in- Sec. 6027. The conference agreement in- Congress, Copyright Office, Copyright Roy- cludes modified language, similar to that cludes a provision rescinding funds appro- alty Judges program. proposed by the Senate (section 6036) making Sec. 6049 makes a technical correction to priated by Public Law 108–334. Sec. 6028. The conference agreement in- technical corrections to projects provided in Public Law 107–68, regarding the Capitol Vis- cludes a provision rescinding unobligated Public Law 108–447 in the Fund for the Im- itor Center. balances in the ‘‘Department of Homeland provement of Education for fiscal year 2005. Sec. 6050 makes a technical correction to Security Working Capital Fund.’’ The House bill included similar language in Public Law 108–7, regarding Senate accounts. Sec. 6029. The conference agreement in- section 5009. Sec. 6051. The conference agreement in- cludes a legislative provision, as proposed by TECHNICAL CORRECTIONS—FUND FOR cludes a provision making technical correc- the Senate, that requires all Department of THE IMPROVEMENT OF POSTSEC- tions regarding NOAA appropriations. Homeland Security funding contained in this ONDARY EDUCATION—FISCAL YEAR Sec. 6052. The conference agreement in- supplemental Act to be subject to the re- 2005 cludes a provision making technical correc- tions regarding NOAA appropriations. programming and transfer guidelines out- Sec. 6042. The conference agreement in- lined in Public Law 108–334. Sec. 6053. The conference agreement in- cludes modified language, similar to that cludes a provision making technical correc- Sec. 6030. The conference agreement in- proposed by the Senate (section 6037), mak- cludes a technical correction to the fiscal tions regarding NOAA appropriations. ing technical corrections to projects pro- year 2005 appropriations Act, as proposed by Sec. 6054. The conference agreement in- vided in Public Law 108–447 in the Fund for the House and the Senate, dealing with a cludes a provision, as proposed by the House, the Improvement of Postsecondary Edu- land transfer by the Bureau of Land Manage- making a technical correction for the pur- cation for fiscal year 2005. The House bill in- ment. pose of a grant. Sec. 6031. The conference agreement in- cluded similar language in section 5010. Sec. 6055. The conference agreement in- cludes a transfer of funds in the Forest Serv- TECHNICAL CORRECTIONS—FUND FOR cludes a provision, as proposed by the House, ice from the capital improvement and main- THE IMPROVEMENT OF EDUCATION— making a technical correction to the name tenance account to the State and private for- FISCAL YEAR 2004 of a grant recipient. estry account, as proposed by the Senate. Sec. 6043. The conference agreement in- Sec. 6056. The conference agreement in- This is a technical correction to the fiscal cludes a provision proposed by the Senate cludes a provision, as proposed by the House, year 2005 appropriations Act. (section 6038) making a technical correction making two technical corrections to a grant Sec. 6032. The conference agreement in- to a project provided in Public Law 108–199 in recipient. cludes a provision, as proposed by the Sen- the Fund for the Improvement of Education Sec. 6057. The conference agreement in- ate, permitting the National Park Service to for fiscal year 2004. The House bill did not in- cludes a new provision making two technical use appropriated funds for the construction, clude similar language. corrections to the name of a grant recipient. Sec. 6058. The conference agreement in- operation, and maintenance of an expansion CORPORATION FOR NATIONAL AND COM- to the West Yellowstone Visitor Information cludes a provision, modified from the Senate MUNITY SERVICE FOR GRANT RE- bill, providing a technical correction to the Center at Yellowstone National Park in VIEWS Montana. bankruptcy fee collection authorities. Sec. 6033. The conference agreement in- Sec. 6044. The conference agreement in- Sec. 6059. The conference agreement in- cludes a limitation on the use of funds, as cludes a provision as proposed by the Senate cludes a provision regarding a Department of proposed by the Senate, specifying that none (section 6039) making a technical correction Commerce activity. of the funds in this or any other appropria- to the appropriation for the Corporation for Sec. 6060. The conference agreement in- tions Act may be used by the Environmental National and Community Service. The House cludes a provision making a technical cor- Protection Agency or any other Federal bill contained the same provision (section rection regarding the 9/11 Heroes Medal of agency to develop, promulgate, or publish a 5011). Valor. pesticides tolerance fee rulemaking. MEDICARE HEALTH CARE INFRASTRUC- Sec. 6061. The conference agreement in- Sec. 6034. The conference agreement modi- TURE IMPROVEMENT PROGRAM cludes a provision making technical correc- fies a provision, proposed by the Senate, Sec. 6045. The conference agreement in- tions to grants under the heading ‘‘Capital dealing with oil and gas mineral activities at cludes a provision as proposed by the Senate Investment Grants’’ in P.L. 108–447, as pro- Gulf Islands National Seashore in Mis- (section 6049) that clarifies the eligibility of posed by the Senate. Sec. 6062. The conference agreement in- sissippi. The modification clarifies the spe- institutions that may apply for the cancer cludes a new provision that modifies a cific lands upon which certain activities are hospital loan fund that was created by the project in Massachusetts contained in P.L. authorized and makes other technical Medicare Modernization Act of 2003, and ex- 105–178. changes to the language. empts the Secretary’s decisions on the pro- Sec. 6063. The conference agreement in- Sec. 6035. The conference agreement in- gram from judicial and administrative re- cludes a technical correction to P. L. 108–447 cludes a provision, proposed by the Senate, view. The House bill contained no similar with regard to the Oklahoma City urbanized extending the authorization for section provision. 402(b) of the Surface Mining Control and Rec- area, as proposed by the House. lamation Act of 1977 through September 30, APPLICATION PROCESSING AND Sec. 6064. The conference agreement in- 2005. ENFORCEMENT FEES cludes a new provision that authorizes the Sec. 6036. The conference agreement in- Sec. 6046. The conference agreement in- Secretary of Transportation to access over- cludes the Reaffirmation of State Regulation cludes a new provision amending the Immi- flight fees beyond the authorized level of

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00123 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2868 CONGRESSIONAL RECORD — HOUSE May 3, 2005 $50,000,000 for the purpose of maintaining ex- division I of Public Law 108–447 to restrict have exploited our asylum laws to enter and isting services under the essential air service the use of funds for medical preparedness remain in the United States. program. Should the total amount of over- centers by the Department of Veterans Af- Aliens who pose a danger to the national flight fees collected not be sufficient to meet fairs. The Senate bill contained no similar security of the United States have been all the funding needs of the program in this provision. barred from receiving asylum and with- fiscal year, then the Secretary is authorized Sec. 6079. The conference agreement in- holding of removal by regulation since 1990. to transfer funds from the available balances cludes a provision proposed by the House In 1996, Congress amended the Immigration of any program appropriated to, or directly (Sec. 5013) to amend section 117 of title I of and Nationality Act (INA) to explicitly bar administered by, the Office of the Secretary division I of Public Law 108–447 to allow for aliens who are inadmissible or deportable to the essential air service program. The the direct deposit of funds into the two con- under terrorism provisions from receiving Conferees expect the Office of the Secretary struction accounts of the Department of Vet- asylum and withholding. Despite these bars to consult with the Committees on Appro- erans Affairs. The Senate bill contained no to dangerous aliens receiving asylum, how- priations of the Senate and of the House of similar provision. ever, the 9/11 Terrorist Travel monograph Representatives if such a transfer is nec- Sec. 6080. The conference agreement in- notes that ‘‘[a] number of terrorists [have] essary and identify the source of the funds of cludes a modified provision proposed by the . . . abused the asylum system.’’ Mono. at said transfer subject to normal reprogram- House (Sec. 5014) to make certain funds 106. ming guidelines. available without fiscal year limitation. The For example, Ramzi Yousef and Ahmad Sec. 6065. The conference agreement in- Senate bill contained no similar provision. Ajaj, plotters of the first World Trade Center cludes a new provision that reiterates the Sec. 6081. The conference agreement in- bombing, ‘‘concocted bogus political asylum application of current law regarding U.S. cludes a provision proposed by the Senate stories when they arrived’’ to remain in the cargo preference requirements to assistance (Sec. 1128) to amend Public Law 108–422, add- United States in 1992. Id. at 50. Similarly, the Blind Sheikh, Sheikh Abdul Rahman, provided in this Act. ing to the definition in the law concerning ‘‘avoided being removed from the United Sec. 6066. The conference agreement in- ‘‘medical center.’’ The House bill contained States by filing an application for asylum cludes a provision making technical correc- no similar provision. The conferees are cog- and withholding of deportation to Egypt in tions to certain judiciary fees, as proposed nizant of the concerns of the Department of . . . 1992.’’ Id. at 55. by both the House and the Senate. Veterans Affairs. As such, the conferees di- In addition to these aliens whose asylum Sec. 6067. The conference agreement in- rect the Department to report to the Com- abuse was specifically described in the Ter- cludes a provision that corrects the amount mittees on Appropriations of the House and rorist Travel Monograph, other alien terror- provided in P.L. 108–447 for the Las Cruces Senate any significant cost and schedule im- ists have abused our generous asylum laws. United States Courthouse to read $60,600,000 plications at the affected locations. If such In January 1993, 11 months after he applied instead of $60,000,000, as proposed by the Sen- implications are significant, the Committees for asylum, Mir Aimal Kansi, also known as ate. may address these issues in the fiscal year Mir Aimal Kasi, killed two CIA employees in Sec. 6068. The conference agreement in- 2006 regular appropriations bill. front of CIA headquarters in Langley, Vir- cludes a provision that corrects a citation in The conferees note that the Government ginia. Camarota, Steven, ‘‘The Open Door: P.L. 108–447 to read ‘‘572(a)(2)(A)(ii)’’, as pro- Accountability Office is required by statute How Militant Islamic Terrorists Entered and posed by the Senate. to report to Congress on the expenditures of Remained in the United States, 1993–2001,’’ Sec. 6069. The conference agreement in- independent counsels’ offices every six Center for Immigration Studies, May 2002, at cludes a provision making technical correc- months. These reports are submitted to the 7, www.cis.org/articles/2002/Paper21/ tions to three grants under the heading House and Senate Appropriations Commit- terrorism2.html>; see also Border Security ‘‘Community Development Fund’’ in P.L. tees, the House and Senate Judiciary Com- and Enforcement: The 9/11 Commission Staff 108–447. mittees and the House Government Reform Report on Training for Border Inspectors, Sec. 6070. The conference agreement in- Committee and the Senate Homeland Secu- Document Integrity, and Defects in the U.S. cludes a provision making technical correc- rity and Governmental Affairs Committee. Visa Program Before the Subcommittee on tions to two grants under the heading ‘‘Com- The conferees expect this reporting to con- Immigration, Border Security and Citizen- munity Development Fund’’ in P.L. 108–7. tinue for all ongoing independent counsel ac- ship and the Subcommittee on Terrorism, Sec. 6071. The conference agreement in- tivities. Technology, and Homeland Security of the cludes a provision making technical correc- The conference agreement does not include Senate Judiciary Committee, 108th Cong., tions to eight grants under the heading language proposed as Senate Section 6047 ex- 1st Sess. (2005) (statement of Janice ‘‘Community Development Fund’’ in P.L. pressing the Sense of the Senate regarding Kephart). Kansi had been a visa overstay for 108–199. timely enactment of appropriations for the Sec. 6072. The conference agreement in- almost a year before filing that application. United States Armed Forces. The House did cludes a provision making technical correc- ‘‘The Open Door’’, at 7. Hesham Hedayet not include similar language. tions to seven grants under the heading killed two in a shooting spree at LAX on ‘‘Community Development Fund’’ in P.L. CONFERENCE TOTAL—WITH COMPARISONS July 4, 2002. Immigration and Naturalization 108–447. The total new budget (obligational) au- Service’s (INS’s) Interactions with Hesham Sec. 6073. The conference agreement in- thority for the fiscal year 2005 recommended Mohamed Ali Hedayet Before the Sub- cludes a technical correction to Section 222 by the Committee of Conference, compari- committee on Immigration, Border Security of Title II, Division I of P.L. 108–447, as pro- sons to the 2005 budget estimates, and the and Claims of the House Judiciary Com- posed by the Senate. House and Senate bills for 2005 follow: mittee, 107th Cong., 2d Sess. at 7 (statement Sec. 6074. The conference agreement in- [In thousands of dollar] of William Yates, Deputy Executive Asso- cludes a new provision that raises the ceiling ciate Commissioner, INS) (2002). He entered Budget estimates of new on the number of Home Equity Conversion the United States in 1992, and extended his (obligational) authority, Mortgages that FHA may insure from 150,000 stay by filing an asylum application one fiscal year 2005 ...... 82,042,628 to 250,000. month before his stay ended. Id. His applica- House bill, fiscal year 2005 81,366,878 Sec. 6075. The conference agreement in- tion was administratively denied, but he ad- Senate bill, fiscal year 2005 81,219,945 cludes a new provision that permits HUD to justed his status 17 months later after his Conference agreement, fis- use 2005 appropriations to run Public Hous- wife won the visa lottery. Id. at 7–8. ing Authorities that are placed under Fed- cal year 2005 ...... 82,041,478 Nor did the reforms in the mid–1990s end eral receivership in 2005. Conference agreement such abuse. In February 1997, for example, Sec. 6076. The conference agreement in- compared with: ...... Gazi Ibrahim Abu Mezer was released after cludes a provision that prohibits executive Budget estimates of new entering the United States illegally and branch agencies from creating prepackaged (obligational) author- after stating that he would be applying for ¥ news stories that are broadcast or distrib- ity, fiscal year 2005 ...... 1,150 asylum. Special Report of the United States uted in the United States unless the story in- 1House bill, fiscal year Department of Justice, Office of the Inspec- cludes a clear notification within the text or 2005 ...... +674,600 tor General, ‘‘Bombs in Brooklyn: How the audio of that news story that the pre- Senate bill, fiscal year Two Illegal Aliens Arrested for Plotting to packaged news story was prepared or funded 2005 ...... +821,533’ Bomb the New York Subway Entered and Re- by that executive branch agency. This provi- mained in the United States’’ (March 1998). DIVISION B—REAL ID ACT OF 2005 sion confirms the opinion of the Government In April 1997, he filed an asylum application Accountability Office dated February 17, 2005 TITLE I—AMENDMENTS TO FEDERAL LAWS TO in which he claimed that ‘‘the Israeli govern- (B–304272). PROTECT AGAINST TERRORIST ENTRY ment continuously persecuted him.’’ Id. On Sec. 6077. The conference agreement in- Section 101 of the conference agreement in- July 31, 1997, Mezer was arrested in a Brook- cludes a provision amending the use of Dis- cludes language modified from language pro- lyn apartment for allegedly planning to trict of Columbia local funds, as proposed by posed in section 101 of division B of the bomb the New York City subway system. Id. both the House and the Senate. House bill. The Senate did not include simi- In January 1999, Somali national Nuradin Sec 6078. The conference agreement in- lar language. Abdi was granted asylum. Government’s Mo- cludes a provision proposed by the House Asylum Reform: As the staff of the 9/11 tion to Detain Defendant and Memorandum (Sec. 5012) to amend section 114 of title I of Commission determined, terrorist aliens in Support at 4, United States v. Nuradin M.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00124 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2869 Abdi (S.D. Ohio 2004) (No. 2:04cr88). Abdi pur- Burden of Proof and Central Reason: Para- case ‘‘applicant . . . must present evidence portedly used that status to apply for a trav- graph 101(a)(3) codifies case law standards for sufficient for one to reasonably believe that el document to facilitate an act of inter- granting asylum, both to resolve conflicts the harm suffered was motivated in mean- national terrorism. See Indictment, United between fora and to codify precedential ingful part by a protected ground’’); States v. Nuradin M. Abdi (S.D. Ohio 2004) (No. rules. Ambartsoumian v. Ashcroft, 388 F.3d 95, 91 (3d 2:04cr88). After he returned to the United First, that paragraph would create a new Cir. 2004) (applicant failed to show persecu- States, he was charged with conspiring to clause 208(b)(1)(B)(i) in the INA. This clause tion on account of ethnicity, where police provide material support to al Qaeda, and codifies existing regulations and case law harassment was ‘‘mainly because he had the Justice Department claims ‘‘that Abdi, standards stating that the burden of proof is failed to obtain proper legal documents and along with admitted al Qaeda operative on the asylum applicant to establish eligi- permission, and not because of his eth- Iyman Ferris and other co-conspirators, ini- bility as a refugee. This clause also will clar- nicity’’); Useinovic v. INS, 313 F.3d 1025, 1033 tiated a plot to blow up a Columbus [Ohio] ify the standard that an asylum applicant (7th Cir. 2002) (applicant failed to show perse- area shopping mall.’’ Press Release of the must meet to establish the motivation for cution on account of political opinion based United States Department of Justice, ‘‘Ohio persecution claimed. on robbery, where no showing that robbery Man Indicted for Providing Material Support The INA requires all aliens seeking asylum ‘‘was primarily aimed at him personally and to Al Qaeda, Falsely Obtaining and Using to establish that they suffered or fear perse- not at [stealing] valuables.’’). Ninth Circuit Travel Documents (June 14, 2004), at 2. The cution ‘‘on account of’’ one of five factors: decisions in Borja v. INS, 175 F.3d 732 (9th government has revoked his asylum because race, religion, nationality, membership in a Cir.1999) and Briones v. INS, 175 F.3d 727 (9th ‘‘with the exception of some minor bio- particular social group, or political opinion. Cir.1999) and other cases have substantially graphical data, every aspect of [Abdi’s] asy- As the Supreme Court has held: ‘‘since the undermined a proper analysis of mixed mo- lum application . . . was false.’’ Govern- statute makes motive critical, [an asylum tive cases, however. ment’s Motion to Detain Defendant and applicant] must provide some evidence of it, Adopting this standard will address an- Memorandum in Support at 4, United States direct or circumstantial.’’ INS v. Elias- other anomaly in the law that has been cre- v. Nuradin M. Abdi (S.D. Ohio 2004) (No. Zacarias, 502 U.S. 478, 483 (1992). ated by the Ninth Circuit, one that improp- 2:04cr88). In explaining the Supreme Court’s deci- erly favors asylum applicants who claim Section 101 of Division B responds to ter- sion, the Ninth Circuit stated: ‘‘[I]n those that they have been accused of engaging in rorist abuse of our asylum laws by amending cases in which a persecuted activity could terrorist, militant, or guerrilla activity. In the INA to limit fraud. stem from many causes, some protected by Singh v. Ilchert, 63 F.3d 1501, 1509 (9th Cir. As there are no explicit evidentiary stand- 1995), the Ninth Circuit equated the ‘‘inves- ards for granting asylum in the INA, stand- the statute and others unprotected, the vic- tim must tie the persecution to a protected tigation of and reaction against those ards for determining the credibility of an thought, rightly or wrongly, to be militants asylum applicant and the necessity for evi- cause. To do this, the victim needs to show the persecutor had a protected basis (such as seeking the violent overthrow of the govern- dence corroborating an applicant’s testi- ment’’ with ‘‘a classic example of imputed mony have evolved through the case law of the victim’s political opinion) in mind in un- dertaking the persecution.’’ Canas-Segovia v. political opinion,’’ rendering the applicant the Board of Immigration Appeals (BIA) and eligible for asylum. The court there also rec- federal courts. Because these standards are INS, 970 F.2d 599, 601 (9th Cir. 1992). The BIA has explained the alien’s burden as follows: ognized a presumption of persecution on ac- not consistent across federal appellate count of political opinion in the absence of courts, different results have been reached in an asylum applicant ‘‘bear[s] the burden of establishing facts on which a reasonable per- evidence of what it termed a ‘‘legitimate similar cases, depending on the court that government prosecution’’ of a suspected mil- hears the case. son would fear that the danger arises on ac- count of’’ one of the five protected factors. itant. See id. at 1509 (‘‘In this case, Singh With regard to sufficiency of the evidence, was not the target of any legitimate govern- for example, the BIA and the federal courts Matter of Fuentes, 19 I & N Dec. 658, 662 (BIA 1988). ment prosecution. As in Blanco-Lopez, ‘[w]e agree that credible testimony alone may suf- find no evidence in the record . . . that an fice to sustain the applicant’s burden of The main issue in assessing motivation in actual, legitimate, criminal prosecution was proof in some cases, but disagree on when an asylum context occurs in so-called initiated against [the applicant.]’Blanco- credible testimony alone can meet the bur- ‘‘mixed motive’’ cases, where there is more Lopez [v. INS], 858 F.2d [531], 534 [(9th Cir. den and when corroboration is needed. The than one possible motive for harm, one pro- 1988)]. If ‘there is no evidence of a legitimate BIA has held that: ‘‘Because the burden of tected, others not. In requiring an asylum prosecutorial purpose for a government’s proof is on the alien, an applicant should applicant to establish that at least one cen- harassment of a person . . . there arises a provide supporting evidence, both of general tral reason for persecution was or will be one presumption that the motive for harassment country conditions and of the specific facts of the five factors for asylum relief, this sub- is political.’ Hernandez-Ortiz v. INS, 777 F.2d sought to be relied on by the applicant, section calls for an evaluation of whether 509, 516 (9th Cir.1985) (‘When a government where such evidence is available. If such evi- the protected characteristic is central to the dence is unavailable, the applicant must ex- persecutor’s motivation to act. exerts its military strength against an indi- plain its unavailability, and the Immigra- Similar language has been advanced as a vidual or a group within its population and tion Judge must ensure that the applicant’s uniform standard for assessing motivation there is no reason to believe that the indi- explanation is included in the record.’’ Mat- previously. In the proposed rule dealing with vidual or group has engaged in any criminal ter of S-M-J-, 21 I&N Dec. 722 (BIA 1997). Asylum and Withholding Definitions (the so- activity or other conduct that would provide Section 101 resolves conflicts between ad- called ‘‘R-A-’’ rule dealing with domestic vi- a legitimate basis for governmental action, ministrative and judicial tribunals with re- olence cases), former Attorney General the most reasonable presumption is that the spect to standards to be followed in assessing Janet Reno proposed to amend the asylum government’s actions are politically moti- asylum claims. In addition, it makes similar regulations to implement an almost iden- vated.’’’)). This presumption violates the Supreme amendments to the standards governing tical proposal, explained as follows: other forms of relief from removal. Finally, Court precedent Elias-Zacarias, which re- This rule proposes new language . . . that quires asylum applicants to provide evidence this sections corrects references within the would require an applicant to show that the asylum provisions to reflect changes in the of motivation. Further, this presumption ef- protected characteristic is central to the fectively, but improperly, shifts the burden INA generally. persecutor’s motivation to act. Consistent Authority: Subsection 101(a) of Division B to the government to prove either a ‘‘legiti- with current law, this language allows for would amend paragraph 208(b)(1) of the INA mate purpose’’ for the foreign government’s the possibility that a persecutor may have to clarify that the Secretary of Homeland interest in the alien, or that the alien’s mixed motives. It does not require that the Security and the Attorney General both claim is not credible, or that the alien is persecutor be motivated solely by the vic- have authority to grant asylum. Because barred from asylum relief because, for exam- tim’s possession of a protected char- both the Secretary of Homeland Security ple, that alien actually is a terrorist or a acteristic. It does, however, require that the and the Attorney General may now exercise persecutor. victim’s protected characteristic be central authority over asylum depending on the con- Plainly, an alien who is a terrorist could to the persecutor’s decision to act against text in which asylum issues arise, para- more easily fabricate a claim that his home graphs 101(a)(1) and (2) of Division B would the victim. For example, under this defini- government believes erroneously that he is a accordingly amend paragraph 208(b)(1) of the tion it clearly would not be sufficient if the terrorist. This is suggested by the case of INA to insert references to both the Attor- protected characteristic was incidental or Gazi Ibrahim Abu Mezer, who was sentenced ney General and the Secretary of Homeland tangential to the persecutor’s motivation. to life imprisonment for planning to bomb Security. 65 Fed. Reg. 76588, 76592 (Dec. 7, 2000). the New York subway system in 1997. See Paragraph 101(g)(1) of Division B would Because this standard has not yet been United States v. Khalil, 214 F.3d 111, 115 (2d provide that the references to the authority adopted, there is currently no uniform stand- Cir. 2000), cert. denied, 531 U.S. 937 (2000). of the Secretary of Homeland Security would ard for assessing motivation. This statutory Mezer was free in the United States after he take effect as if enacted on March 1, 2003, standard is, however, in keeping with deci- was arrested in Washington State by the which was the official date of transfer of im- sions of reviewing courts. See Girma v. INS, Border Patrol, which initiated formal depor- migration enforcement functions from the 283 F.3d 664, 668 (5th Cir. 2002) (affirming tation proceedings against him. Special Re- INS to the Department of Homeland Secu- BIA’s finding of no persecution on account of port of the United States Department of Jus- rity under the Reorganization Plan. qualifying ground, because in mixed motive tice, Office of the Inspector General, ‘‘Bombs

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00125 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2870 CONGRESSIONAL RECORD — HOUSE May 3, 2005 in Brooklyn: How the Two Illegal Aliens Ar- by codifying standards for determining the Id. at 725–26. Congress anticipates that the rested for Plotting to Bomb the New York credibility of applicant testimony, and de- standards in Matter of S–M–J–, including the Subway Entered and Remained in the United termining when corroborating evidence may BIA’s conclusions on situations where cor- States’’ (March 1998). While in proceedings, be required. roborating evidence is or is not required, will Mezer was released on a $5,000 bond and filed Corroboration: As a preliminary matter, guide the BIA and the courts in interpreting an application for political asylum in the new clause 208(b)(1)(B)(ii) of the INA codifies this clause. United States. Id. In his asylum application, the BIA case law standard that the testi- Credibility: Proposed new clause Mezer claimed that Israeli authorities had mony of an asylum applicant can be suffi- 208(b)(1)(B)(iii) of the INA codifies factors persecuted him because they wrongly be- cient to sustain the asylum applicant’s bur- identified in case law on which an adjudi- lieved he was a member of Hamas. Id. In sup- den of proof without corroboration, where cator may make a credibility determination, port of his claim that Israel authorities had the adjudicator determines that such testi- including demeanor, candor, responsiveness, detained him twice without cause, Mezer at- mony is credible, persuasive, and refers to inherent plausibility of the account, consist- tached two documents from the Inter- specific facts demonstrating refugee status. ency between the written and oral state- national Committee of the Red Cross. Id. One Many aliens validly seeking asylum arrive in ments (regardless of when it was made and document reflected that Mezer was arrested the United States with little or no evidence whether it was under oath, and considering on July 31, 1990, and held for 42 days for a to corroborate their claims. This clause rec- the circumstances under which the state- ‘‘security’’ violation. Id. The second docu- ognizes that a lack of extrinsic or corrobo- ments were made), internal consistency of a ment indicated that Mezer was arrested on rating evidence will not necessarily defeat statement, consistency of statements with November 25, 1990, and held for approxi- an asylum claim where such evidence is not the country conditions in the country from mately 90 days for ‘‘administrative’’ reasons. reasonably available to the applicant. which the applicant claims asylum, and any Id. Codifying the BIA’s corroboration stand- inaccuracies or falsehoods in such state- According to the investigation of the case ards, new clause 208(b)(1)(B)(ii) in the INA ments. This section reiterates the rule that by the Justice Department’s Inspector Gen- states that if an adjudicator determines that an asylum adjudicator is entitled to consider eral, the judge who received that application an asylum applicant should provide corrobo- credible testimony along with other evi- ‘‘did not notice that Mezer had said he was rating evidence for otherwise credible testi- dence. suspected of being a terrorist in Israel. She mony, such corroborating evidence must be Again, the creation of a uniform standard added that the assertion about Hamas, in provided unless the applicant does not have for credibility is needed to address a conflict itself, was not persuasive evidence that it and cannot reasonably obtain it. Although on this issue between the Ninth Circuit on Mezer was a terrorist or that he should be this provision makes it possible for an alien one hand and other circuits and the BIA. In detained, particularly because Mezer denied to prove eligibility for asylum without cor- Elias-Zacarias, 502 U.S. 478, the Supreme the assertion and also because he returned roborating evidence, the inability to obtain Court rejected the notion that a reviewing for this hearing after he had posted bond.’’ corroborating evidence does not relieve the court may overturn a determination of the Id. (emphasis added). The Inspector General applicant from sustaining the burden of BIA in an asylum case whenever the court continued: proof, that is, the alien must satisfy his bur- believes that the evidence supports a conclu- den through other evidence. sion different from that of the BIA. It ex- INS trial attorneys whom we interviewed This provision is based upon the standard plained that ‘‘[t]o reverse the BIA finding we discussed some of the reasons that immigra- set forth in the BIA’s decision in Matter of S– must find that the evidence not only sup- tion judges do not normally detain aliens M–J–, 21 I&N Dec. 722. The BIA held there: ports that conclusion, but compels it.’’ Id. at based only on their statements that they had 481 n.1. Thus, an asylum applicant who been falsely accused of membership in a ter- Because the burden of proof is on the alien, ‘‘seeks to obtain judicial reversal of the rorist organization. First, they said that it an applicant should provide supporting evi- BIA’s determination . . . must show that the was common for aliens to make such claims dence, both of general country conditions evidence he presented was so compelling in support of asylum applications. INS Trial and of the specific facts sought to be relied that no reasonable factfinder could fail to attorney Tammy Fitting estimated that on on by the applicant, where such evidence is find the requisite fear of persecution.’’ Id. at average, she saw one such claim each day available. If such evidence is unavailable, 483–484. during her work as a trial attorney. the applicant must explain its unavail- ability, and the Immigration Judge must en- In 1996, as part of IIRIRA, Congress codi- Id. The burden that the government must sure that the applicant’s explanation is in- fied the principles that the Court articulated bear in responding to such claims is com- cluded in the record. Moreover, general in Elias-Zacarias. Congress directed that a pounded by two other issues. First, a regula- country condition information may be nec- court of appeals reviewing an order of re- tion that bars the disclosure of information essary to support an applicant’s testimony moval must confine its review to the admin- contained in an asylum application, or even where the alien’s claim is based on allega- istrative record before the agency and must the fact that an alien has applied for asylum, tions which may be independently verified. accept the BIA’s findings of fact as ‘‘conclu- hinders the government’s ability to confirm ‘‘(W)hen the basis of an asylum claim be- sive unless any reasonable adjudicator would the veracity of asylum claims, or to obtain comes less focused on specific events involv- be compelled to conclude to the contrary.’’ evidence that contradicts an alien’s asylum ing the respondent personally and instead is Sections 242(b)(4)(A) and (B) of the INA. claims. See 8 CFR § 208.6. Second, informa- more directed to broad allegations regarding This clause will allow Immigration Judges tion that ties a specific alien to terrorism is general conditions in the respondent’s coun- and the BIA to follow commonsense stand- likely to be classified. The use of classified try of origin, corroborative background evi- ards in assessing the credibility of asylum information in section 240 removal pro- dence that establishes a plausible context for applicants better allowing them to identify ceedings is disfavored, however. See e.g., the persecution claim (or an explanation for and reject fraudulent claims. It should be Haddam v. INS, 54 F. Supp. 2d 588, 598 the absence of such evidence) may well be es- noted, however, that although clause (E.D.Va. 1999) (‘‘The use of secret evidence sential.’’ 208(b)(1)(B)(iii) would allow an adjudicator to against a party, evidence that is given to, base an adverse credibility determination on Id. at 724 (internal citations omitted). With and relied on, by the IJ and BIA but kept en- any of the factors set forth therein, such a respect to evidence to support the appli- tirely concealed from the party and the par- determination must be reasonable and take cant’s specific claim, the BIA explained: ty’s counsel, is an obnoxious practice, so un- into consideration the individual cir- fair that in any ordinary litigation context, Unreasonable demands are not placed on an cumstances of the specific witness and/or ap- its unconstitutionality is manifest.’’). asylum applicant to present evidence to cor- plicant. The ‘‘central reason’’ standard will elimi- roborate particular experiences (e.g., cor- While the trier of fact is not required to nate this presumption, and require aliens roboration from the persecutor). However, state expressly that the trier has considered who allege persecution because they have where it is reasonable to expect corrobo- each factor in assessing credibility, Congress been erroneously identified as terrorists to rating evidence for certain alleged facts per- expects that the trier of fact will describe bear the same burden as all other asylum ap- taining to the specifics of an applicant’s those factors that form the basis of the plicants, that is, they will have to offer di- claim, such evidence should be provided. trier’s opinion. This is true even where the rect or circumstantial evidence of motive, in That is, an asylum applicant should provide trier of fact bases a credibility determina- accordance with Supreme Court precedent. documentary support for material facts tion in part or in whole on the demeanor of Finally, with respect to so-called ‘‘mixed- which are central to his or her claim and the applicant. motive’’ claims, under this amendment, asy- easily subject to verification, such as evi- Courts have recognized the expertise that lum may be granted where there is more dence of his or her place of birth, media ac- Immigration Judges bring to this task. As than one motive for mistreatment, as long as counts of large demonstrations, evidence of a the Ninth Circuit has held, for example: ‘‘An at least one central reason for the mistreat- publicly held office, or documentation of immigration judge alone is in a position to ment is on account of race, religion, nation- medical treatment. If the applicant does not observe an alien’s tone and demeanor, to ex- ality, membership in a particular social provide such information, an explanation plore inconsistencies in testimony, and to group, or political opinion. should be given as to why such information apply workable and consistent standards in Corroboration and Credibility. Clauses was not presented. . . . The absence of such the evaluation of testimonial evidence. He 208(b)(1)(B)(ii) and (iii), added by paragraph corroborating evidence can lead to a finding is, by virtue of his acquired skill, uniquely 101(a)(3) of Division B, will bring clarity and that the applicant has failed to meet her qualified to decide whether an alien’s testi- consistency to evidentiary determinations burden of proof. mony has about it the ring of truth.’’ Sarvia-

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00126 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2871 Quintanilla v. INS, 767 F.2d 1387, 1395 (9th admissibility). Additionally, under para- Subsection 101(g)(4) of Division B would Cir.1985). graph 208(b)(3) of the INA, the spouse and provide that the amendments in subsection In assessing an applicant’s demeanor for children of an alien granted asylum, if not 101(f) shall take effect on the date of enact- purposes of making a credibility assessment, otherwise eligible for asylum, may be grant- ment and apply to all cases pending before, Congress anticipates that triers of fact will ed asylum themselves if accompanying or on, or after such date. rely on those aspects of demeanor that are following to join the alien. Aside from the Removal of Caps. Section 209 of the INA indicative of truthfulness or deception. For higher standard for burden of proof, with- currently provides that the Attorney Gen- example, in explaining why it ‘‘granted spe- holding of removal involves similar consider- eral may adjust the status of aliens granted cial deference to the IJ’s eyewitness observa- ation of credibility and corroboration factors asylum to lawful permanent residence if tions regarding demeanor evidence,’’ the and some of the same issues regarding Ninth they satisfy certain conditions, subject to a Ninth Circuit cited to an explanation that it Circuit jurisprudence. cap of 10,000 persons per fiscal year (aside had given ‘‘in the context of a similarly-situ- Subsection 101(c) of Division B would from certain groups of asylees who are or ated administrative law judge,’’ holding: amend paragraph 241(b)(3) of the INA by ap- have been exempt from the cap or subject to ‘‘Weight is given to the administrative law plying to and codifying for withholding of re- limits set in other legislation). Paragraph judge’s determinations of credibility for the moval applications the same standards for 101(g)(1) of Division B would eliminate the obvious reason that he or she sees the wit- sustaining the applicable burden of proof and cap for adjustment of status for asylees. It nesses and hears them testify, while the for assessing credibility that would be used would also replace references to the ‘‘Immi- Board and the reviewing court look only at for asylum adjudications under clauses gration and Naturalization Service’’ with cold records.’ All aspects of the witness’s de- 208(b)(1)(B)(ii) and (iii) of the INA, as added references to the ‘‘Department of Homeland meanor—including the expression of his by paragraph 101(a)(3) of Division B. Security’’ and replace references to the ‘‘At- countenance, how he sits or stands, whether Subsection 101(h)(2) of Division B would torney General’’ with references to the ‘‘Sec- he is inordinately nervous, his coloration provide that the withholding of removal retary of Homeland Security or the Attorney during critical examination, the modulation standards established in subsection 101(c) General.’’ or pace of his speech and other non-verbal take effect on the date of enactment and Similarly, under section 207(a)(5) of the communication—may convince the observ- apply to withholding applications made on INA, not more than 1,000 aliens may be ad- ing trial judge that the witness is testifying or after such date. Accordingly, those stand- mitted as refugees or granted asylum under truthfully or falsely.’’ Mendoza Manimbao v. ards would not apply by statute to applica- the provision of section 101(a)(42) therein re- Ashcroft, 329 F.3d 655, 662 (9th Cir. 2003). As tions filed before the date of enactment, al- lating to persecution for resistance to coer- noted, a credibility determination should though such standards in existing case law cive population control methods. Paragraph follow an examination of all relevant cir- would apply. 101(g)(2) would strike the limitation on cumstances, including the circumstances of Other Applications for Relief. Subsection grants under this provision. the individual applicant. 101(d) of Division B would add a new para- Subsection 101(f), lifting these caps, shall Finally, this provision makes it clear that graph 240(c)(4) to the INA. This paragraph take effect on the date of enactment of Divi- there is no presumption of credibility, but if would apply the credibility and corrobora- sion B, pursuant to paragraph 101(g)(5). no adverse credibility determination is ex- tion standards in section 101(a)(3) of Division Repeal of the Study and Report on Terror- plicitly made, the applicant or witness has a B to other applications for relief and protec- ists and Asylum. Section 5403 of the Intel- rebuttable presumption of credibility on ap- tion from removal. The new paragraph also ligence Reform and Terrorism Prevention peal. codifies the current requirement that an Act of 2004 provides that ‘‘the Comptroller Effective Dates. Paragraph 101(g)(2) would alien applying for relief or protection, and General of the United States shall conduct a provide that the asylum standards estab- also that he or she merits that relief as a study to evaluate the extent to which weak- lished in paragraph 101(a)(3) of Division B matter of discretion, if the relief is discre- nesses in the United States asylum system shall take effect on the date of enactment tionary. and withholding of removal system have and apply to asylum applications made on or Subsection 101(h)(2) of Division B would been or could be exploited by aliens con- after such date, therefore, the standards provide that the standards established in nected to, charged in connection with, or would not apply by statute to asylum appli- subsection 101(d) shall take effect on the tied to terrorist activity,’’ including the ex- cations filed before the date of enactment, date of enactment and apply to withholding tent to which precedential court decisions although such standards in existing case law applications made on or after such date. Ac- may have affected the ability of the Federal would apply. cordingly, those standards would not apply Government to prove that an alien is a ter- Standards for Granting Withholding of Re- by statute to applications filed before the rorist who should be denied asylum and/or moval. Paragraph 241(b)(3) of the INA places date of enactment, although such standards removed. restrictions on removal to a country where in existing case law would apply. Subsection 101(h) of Division B would re- an alien’s life or freedom would be threat- Judicial Review of Corroboration Deter- peal the requirement for the study and re- ened. Withholding is a form of protection minations: Subsection 101(e) of Division B port, because the other provisions in section similar to asylum, with some critical dif- would amend paragraph 242(b)(4) of the INA 101 of Division B would resolve the vulner- ferences. Asylum is a discretionary form of by establishing a specific standard of review ability of the asylum and withholding of re- relief, for which the standard is a ‘‘well- for reversal of determinations concerning moval systems to terrorist exploitation. founded fear of persecution.’’ Withholding of the availability of corroborating evidence by Section 102 of the conference agreement in- removal, on the other hand, is mandatory an adjudicator considering an application for cludes language modified from language pro- protection from removal for those who can asylum, withholding of removal, or other ap- posed in section 102 of division B of the satisfy the higher standard of a ‘‘clear prob- plications for relief or protection. This sub- House bill. The Senate did not include simi- ability of persecution,’’ also expressed as section would apply the prevailing standard lar language. ‘‘more likely than not’’ that an alien would of review for factual determinations in sub- Section 102 of the Illegal Immigration Re- be persecuted. There are other key dif- paragraph 242(b)(4)(B) of the INA to deter- form and Immigrant Responsibility Act of ferences between the two forms of relief. A minations about the availability of corrobo- 1996 provides for construction and strength- person who has been granted asylum has rating evidence, itself a factual determina- ening of barriers along U.S. land borders and been admitted into the United States, al- tion. This provision underscores that the ap- specifically provides for 14 miles of barriers though the status is not a right to reside per- propriate standard of review for such deter- and roads along the border near San Diego, manently in the United States. An alien who minations is the deferential factual review beginning at the Pacific Ocean and extend- is granted withholding has not been granted standard. ing eastward. It provides for a waiver of the legal entry into the United States and may Subsection 101(g)(3) of Division B would Endangered Species Act of 1973 (ESA) and be removed to his country when there is no provide that the standards established in the National Environmental Policy Act of longer any threat to his life or freedom. subsection 101(e) shall take effect on the date 1969 (NEPA) to the extent the Attorney Gen- Withholding of removal is only specific to a of enactment and apply to all cases in which eral determines is necessary to ensure expe- particular country and therefore does not the final removal order was issued before, on, ditious construction of barriers and roads. preclude removal to another country. An or after such date. Despite the existing waiver provision, con- alien granted withholding of removal may Clarification of Discretionary Relief Provi- struction of the San Diego area barriers has not adjust to the status of a lawful perma- sion: Subsection 101(f) would amend subpara- been delayed due to a dispute involving other nent resident and the alien’s family members graph 242(a)(2)(B) of the INA by clarifying laws. The California Coastal Commission has are not eligible to come to the United States that the provision barring judicial review of prevented completion of the San Diego bor- via the alien’s status in the United States. denials of discretionary relief applies regard- der security infrastructure because it alleges In contrast, an alien granted asylum may less of whether the discretionary judgment, that plans to complete it are inconsistent adjust status under subsection 209(b) of the decision, or action is made in removal pro- with the California Coastal Management INA after being present in the United States ceedings. It also amends subparagraph Program, a state program approved pursuant for one year after the grant of asylum if the 242(a)(2)(B) of the INA by adding reference to to the federal Coastal Zone Management Act alien still meets the definition of refugee, is the Secretary of Homeland Security, to clar- (CZMA)—notwithstanding the fact that the not firmly resettled in any other country ify the text and make it consistent with the San Diego border security infrastructure was and is otherwise admissible as an immigrant aims of the Reorganization Plan for the De- designed to avoid and/or minimize adverse (with exemptions from certain grounds of in- partment of Homeland Security. environmental impacts, and the Bureau of

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00127 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2872 CONGRESSIONAL RECORD — HOUSE May 3, 2005 Customs and Border Protection (CBP) of the court decisions interpreting changes to the U.S. immigration law should be removed Department of Homeland Security testified INA in 1996. Since 1961, Congress has consist- from this country as soon as possible.’’). before the California Coastal Commission ently provided that only the courts of ap- Despite Congress’s efforts to limit judicial that the plans for completion were con- peals may review removal orders. From 1961 review in 1996, the Supreme Court expanded sistent with the Coastal Management Pro- through 1996, the INA provided that review it just five years later. In INS v. St. Cyr, the gram to the maximum extent practicable in the courts of appeals ‘‘shall be the sole Supreme Court held that criminal aliens are without sacrificing the effectiveness of the and exclusive procedure’’ for judicial review actually entitled to more review than they border security infrastructure. Continued of deportation orders. See INA subsection had before the 1996 amendments, and more delays caused by litigation have dem- 106(a) (1995) (entitled ‘‘Exclusiveness of pro- review than non-criminal aliens. INS v. St. onstrated the need for additional waiver au- cedure’’). As the legislative history behind Cyr, 533 U.S. 289 (2001). Specifically, the thority with respect to other laws that this provision reveals, Congress aimed to Court held that criminal aliens could seek might impede the expeditious construction ‘‘create a single, separate, statutory form of habeas review of their removal orders under of security infrastructure along the border, judicial review of administrative orders for 28 U.S.C. §2241. With habeas review, the such as the Coastal Zone Management Act. the deportation and exclusion of aliens from criminal alien would get review in district Current Law. Section 102(c) of IIRIRA pro- the United States.’’ H.R. REP. NO. 1086, 87th court and, on appeal, in the court of appeals. vided for a waiver of the ESA and NEPA to Cong., 1st Sess., reprinted in 1961 The basis for the Court’s decision was that the extent the Attorney General determines U.S.C.C.A.N. 2950, 2966 (1961). Congress’s Congress never ‘‘explicitly mention[ed]’’ sec- is necessary to ensure expeditious construc- ‘‘fundamental purpose’’ was ‘‘to abbreviate tion 2241 or habeas when it eliminated all ju- tion of barriers and roads. the process of judicial review of deportation dicial review over criminal aliens’ removal Section 102 of the conference report would orders’’ and to ‘‘eliminat[e] the previous ini- orders. Id. at 312–13. According to the Court, amend the current provision to require the tial step in obtaining judicial review—a suit an explicit reference to section 2241 or ha- Secretary of Homeland Security to waive all in a District Court.’’ Foti v. INS, 375 U.S. 217, beas was necessary because Congress did not laws that he or she determines, in his or her 224 (1963); accord Agosto v. INS, 436 U.S. 748, provide for ‘‘another judicial forum’’ for sole discretion, are necessary to ensure the 752–53 (1978); Giova v. Rosenberg, 379 U.S. 18 criminal aliens to raise pure questions of law expeditious construction of the border bar- (1964) (per curiam). Thus, a final order of de- because, as noted, whereas non-criminal riers. portation could be challenged only in the ap- aliens could challenge their removal orders Additionally, it would prohibit judicial re- propriate court of appeals upon a timely in the courts of appeals, under AEDPA and view of a waiver decision or action by the filed petition for review. IIRIRA, criminal aliens could not. Id. at 298– Secretary and bar judicially ordered compen- Such order could not have been challenged 300, 312–14; see also id. at 312 n.36 (‘‘Congress’’ satory, declaratory, or injunctive, equitable, in district court by way of habeas corpus. Al- failure to refer specifically to § 2241 is par- or any other relief or other remedy for dam- though the INA contained another provision ticularly significant.’’). Thus, as a matter of age alleged to result from any such decision permitting habeas review, see INA § 106(a)(10) statutory interpretation, the Court held that or action. As discussed above, current stat- (1995), several circuits interpreted that provi- criminal aliens could bring habeas actions utes and the Reorganization Plan for the De- sion as not providing habeas review over de- under section 2241. partment of Homeland Security have not portation orders, but only review over collat- The Court recognized that, as a result of amended and clarified references to execu- eral issues, such as whether the alien should its decision, criminal aliens would be able to tive authority throughout the INA. Accord- be released from custody or granted a stay of seek review in district court and, on appeal, ingly, the provision would have replaced the deportation pending a petition for review. in the courts of appeals, whereas non-crimi- reference in current law to the Attorney Moreover, to the extent that habeas review nal aliens could obtain review only in the General by a reference to the Secretary of of deportation orders had been available be- courts of appeals. It noted that Congress Homeland Security. fore 1996, Congress attempted to eliminate it could fix this anomaly, however. As the The Conferees have revised the House pro- in enacting the Antiterrorism and Effective Court stated, ‘‘Congress could without rais- vision in the following respects. First, the Death Penalty Act of 1996 (AEDPA), Pub. L. ing any constitutional questions, provide an revised provision authorizes but does not re- 104–132, 110 Stat. 1214 (April 24, 1996). One of adequate substitute [to section 2241] through quire the Secretary of DHS to waive any the statute’s provisions, entitled ‘‘Elimi- the courts of appeals.’’ Id. at 314. n.38. legal requirements that he or she, in his or nation of Custody Review by Habeas Cor- Among the many problems caused by St. her sole discretion, determines are necessary pus,’’ expressly repealed the former habeas Cyr, the most significant is that this deci- to ensure expeditious construction of border provision. See subsection 401(e), 110 Stat. sion allows criminal aliens to delay their ex- security infrastructure. Second, the provi- 1268, repealing INA paragraph 106(a)(10) pulsion from the United States for years. sion clarifies the intent of the conference re- (1995). This was part of Congress’s broad ef- Furthermore, because of St. Cyr, aliens who port by substituting a reference to waiver of forts to streamline immigration proceedings. have committed serious crimes in the United ‘‘all legal requirements’’ for the prior ref- Indeed, to expedite removal, section 440(a) of States are generally able to obtain more ju- erence to waiver of ‘‘all laws’’, clarifying AEDPA precluded all judicial review of de- dicial review than non-criminal aliens. As Congress’’ intent that the Secretary’s discre- portation orders for certain classes of crimi- the dissent in St. Cyr pointed out, allowing tionary waiver authority extends to any nal aliens. 110 Stat. 1276–77 (providing that criminal aliens to obtain habeas review of local, state or federal statute, regulation, or such orders ‘‘shall not be subject to review their immigration orders in the district administrative order that could impede expe- by any court’’). court ‘‘brings forth a version of the statute ditious construction of border security infra- Congress continued these streamlining re- that affords criminal aliens more opportuni- structure. Third, the conferees provided that forms when it enacted the Illegal Immigra- ties for delay-inducing judicial review than any such waiver would become effective tion Reform and Immigrant Responsibility are afforded to non-criminal aliens, or even upon publication in the Federal Register, Act of 1996 (IIRIRA), Pub. L. 104–208, 110 than were afforded to criminal aliens prior thereby ensuring appropriate public notice Stat. 3546 (Sept. 30, 1996). In IIRIRA, Con- to the legislation concededly designed to ex- of such determinations. Finally, the Con- gress reestablished that only courts of ap- pedite their removal.’’ 533 U.S. at 327 (Scalia, ferees have provided federal judicial review peals—and not district courts—could review J. dissenting). This is because, under St. Cyr, for claims alleging that the actions or deci- a final removal order (or, to use the pre–1996 criminal aliens are able to begin the judicial sions of the Secretary violate the United nomenclature, deportation order or exclu- review process in the district court, and then States Constitution. The Conferees have fur- sion order). See section 242(a)(1) of the INA appeal to the circuit court of appeals. Crimi- ther provided that such claims must be filed (incorporating the Hobbs Act, 28 U.S.C. nal aliens thus can obtain review in two judi- within sixty days of the Secretary’s action § 2347). In addition, Congress made clear that cial forums, whereas non-criminal aliens or decision, and that interlocutory or final review of a final removal order is the only may generally seek review only in the courts judgments, decrees, or orders of federal dis- mechanism for reviewing any issue raised in of appeals. Not only is this result unfair and trict courts on such claims may be reviewed a removal proceeding. Section 242(b)(9) of the illogical, but it also wastes scarce judicial only upon petition for a writ of certiorari to INA (2000); see also IIRIRA § 309(c)(4)(A) and executive resources. the Supreme Court of the United States. The (transition rules). Together, these provisions Finally, the result in St. Cyr has created Conferees’ intent is to ensure that judicial were intended to preclude all district court confusion in the federal courts as to what review of actions or decisions of the Sec- review of any issue raised in a removal pro- immigration issues can be reviewed, and retary not delay the expeditious construc- ceeding. Finally, as it did in AEDPA, Con- which courts can review them. The decision tion of border security infrastructure, there- gress confirmed that criminal aliens could in St. Cyr itself held that district courts, and by defeating the purpose of the Secretary’s not obtain any judicial review. IIRIRA ex- not the courts of appeals, have habeas corpus waiver. pressly provided that, ‘‘[n]otwithstanding review authority over statutory claims in- Section 106 of the conference agreement in- any other provision of law, no court shall volving discretionary immigration relief. cludes language modified from language pro- have jurisdiction to review any final order of See also Calcano-Martinez v. INS, 533 U.S. 348, posed in section 105 of division B of the removal against an alien who is removable 351–52 (2001). On the other hand, after St. Cyr, House bill. The Senate did not include simi- by reason of having committed’’ one of var- every circuit court has held that courts of lar language. ious criminal offenses, including aggravated appeals retain jurisdiction to review limited Section 106 of Division B addresses a num- felonies. See section 242(a)(2)(C) (2000) (em- threshold ‘‘jurisdiction to determine juris- ber of judicial review anomalies improperly phasis added); see also S. Rep. No. 104–249, diction’’ questions raised by criminal aliens favoring criminal aliens that were created by 104th Cong, 2d Sess. at 7 (‘‘Aliens who violate in petitions for review. Therefore, following

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00128 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2873 St. Cyr, some issues are still reviewable in risdiction under §2241 does not extend to fac- ing habeas review or other non-direct judi- the circuit courts while others are review- tual or discretionary determinations). cial review. able only in the district courts, resulting in Moreover, section 106 would not preclude Finally, it should also be noted that sec- bifurcated and inefficient review. Addition- habeas review over challenges to detention tion 106 will not preclude habeas review over that are independent of challenges to re- ally, the circuits have split on the question challenges to detention that are independent moval orders. Instead, the bill would elimi- of which court may entertain constitutional of challenges to removal orders. Instead, the nate habeas review only over challenges to challenges to criminal aliens’ removal orders bill would eliminate habeas review only over removal orders. (a question left open in St. Cyr). All of this challenges to removal orders. has resulted in piecemeal review, uncer- Review in the Courts of Appeals. Subpara- tainty, lack of uniformity, and a waste of re- graph 106(a)(1)(A) of Division B would replace TITLE II—IMPROVED SECURITY FOR sources both for the judicial branch and Gov- habeas corpus review of specified removal or- DRIVERS’ LICENSES AND PERSONAL ernment lawyers—the very opposite of what ders with review of constitutional claims and IDENTIFICATION CARDS Congress tried to accomplish in 1996. questions of law before the courts of appeal. Section 106 of Division B would address the It should be noted that the word ‘‘pure,’’ in Section 201 of the conference agreement in- anomalies created by St. Cyr and its progeny the phrase ‘‘pure question of law,’’ which had cludes language modified from language pro- by restoring uniformity and order to the law. appeared in prior versions of a proposed sec- posed in section 201 of division B of the First, under this section, criminal aliens will tion 242(a)(2)(D) of the INA, has been deleted House bill. The Senate did not include simi- have fewer opportunities to delay their re- from that phrase in the final version in this lar language. moval, because they will not be able to ob- subparagraph because it is superfluous. As Section 201 is necessary to clarify the Fed- tain district court review in addition to cir- the ACLU explained during the St. Cyr litiga- eral law as it pertains to driver’s licenses, cuit court review, and will not be able to ig- tion, a ‘‘question of law’’ is a question re- and relates it to other federal laws that gov- nore the thirty-day time limit on seeking re- garding the construction of a statute. The ern state issuance and records keeping of view. Second, criminal aliens will not re- word ‘‘pure’’ adds no meaning. The purpose ‘‘motor vehicle operator’s license.’’ That ceive more judicial review than non-crimi- of section 106(a)(1)(A)(iii) is to permit judi- means that, to the degree that commercial nals. Under the amendments in section 106, cial review over those issues that were his- truck driver’s licenses and HAZMAT licenses all aliens will get review in the same forum— torically reviewable on habeas—constitu- are separately defined by Title 49, this law is the courts of appeals. Third, by channeling tional and statutory-construction questions, directed to the personal driver’s licenses and review to the courts of appeals, section 106 not discretionary or factual questions. When local use commercial vehicle licenses. It also will eliminate the problems of bifurcated and a court is presented with a mixed question of names identification cards as being regu- piecemeal litigation. Thus, the overall effect law and fact, the court should analyze it to lated, as every entity listed under the of the proposed reforms is to give every alien the extent there are legal elements, but ‘‘State’’ definition issues identity cards as a fair opportunity to obtain judicial review should not review any factual elements. Fac- well as driver’s licenses. The Act establishes while restoring order and common sense to tual questions include those questions that a minimum definition of ‘‘Official Purpose’’ the judicial review process. courts would review under the ‘‘substantial to limit the use of any licenses or ID cards Significantly, this section does not elimi- evidence’’ or 242(b)(4)(B) standard, reversing issued by states that do not meet the Act’s nate judicial review, but simply restores only when a reasonable factfinder would be requirements. More specifically, the defini- such review to its former settled forum prior compelled to conclude that the decision tion provides direction as to what certain to 1996. Under section 106, all aliens who are below was erroneous. categories of temporary license marked ordered removed by an immigration judge Section 106(a)(1)(B) adds a new section clearly on their face to indicate they are not will be able to appeal to the BIA and then 242(a)(4) to the INA. This provision will allow acceptable for federal identification or fed- raise constitutional and legal challenges in aliens in section 240 removal proceedings to eral purposes and cannot be used. For exam- the courts of appeals. No alien, not even seek review of ‘‘any cause or claim under the ple, non compliant driver’s licenses or non- criminal aliens, will be deprived of judicial United Nations Convention Against Torture compliant state issued ID cards cannot be review of such claims. Unlike AEDPA and and Other Forms of Cruel, Inhuman, or De- used for identification to board federally reg- IIRIRA, which attempted to eliminate judi- grading Treatment or Punishment’’ in the ulated commercial aircraft, enter nuclear cial review of criminal aliens’ removal or- courts of appeal. power plants or have access to federally reg- ders, section 106 would give every alien one Section 106(a)(2) of Division B would amend ulated critical infrastructure or similar fa- day in the court of appeals, satisfying con- section 242(b)(9) of the INA, concerning con- cilities determined to be vulnerable to at- stitutional concerns. The Supreme Court has solidation of issues for judicial review, to tack. Noncompliant driver’s licenses or non- held that in supplanting the writ of habeas clarify that, except as otherwise provided in compliant state issued ID cards cannot be corpus with an alternative scheme, Congress section 242 of the INA, no court is to have ju- used for identification for any federal pur- need only provide a scheme which is an ‘‘ade- risdiction for habeas review or other non- pose. The Secretary is authorized to estab- quate and effective’’ substitute for habeas direct judicial review of a removal order or lish other purposes for which only those li- corpus. See Swain v. Pressley, 430 U.S. 372, 381 questions of law or fact arising from such an cense and ID cards that meet federal stand- (1977). Indeed, in St. Cyr itself, the Supreme order. This does not affect habeas corpus re- ards can be used Court recognized that ‘‘Congress could, with- view in section 242(e)(2) of the INA. Sub- Section 202 of the conference agreement in- out raising any constitutional questions, section 242(g) of the INA, concerning exclu- cludes language modified from language pro- provide an adequate substitute through the sive jurisdiction, is also amended to clarify posed in section 202 of division B of the courts of appeals.’’ St. Cyr, 533 U.S. at 314 that no habeas review or other non-direct ju- House bill. The Senate did not include simi- n.38 (emphasis added). By placing all review dicial review would be available for any lar language. in the courts of appeals, Division B would claim arising from a decision or action by provide an ‘‘adequate and effective’’ alter- the Attorney General regarding the initi- 202(a)(1) states that the law is binding on native to habeas corpus. Id. ation and adjudication of removal pro- Federal agencies—not the states. Con- Further, while the reforms in section 106 ceedings or the execution of removal orders sequently, this Act does not directly impose would preclude criminals from obtaining re- against any alien. federal standards with respect to states’ view over non-constitutional, non-legal Under subsection 106(b), the effective date issuance of driver’s licenses and personal claims, it would not change the scope of re- of the amendments in subsection 106(a) is the identification cards. The application of the view that criminal aliens currently receive, date of enactment of Division B, and the law is indirect, and hence states need not because habeas review does not cover discre- amendments would apply to cases in which comply with the listed standards. However, tionary determinations or factual issues that the final administrative order of removal, states would nevertheless need to adopt such do not implicate constitutional due process. deportation or exclusion was issued before, standards and modify any conflicting laws or See, e.g., St. Cyr, 533 U.S. at 306–07 & n.27 on, or after the date of enactment. Sub- regulations in order for such documents to (recognizing that habeas courts do not re- section 106(c) of Division B would provide for be recognized by federal agencies for official view ‘‘exercise[s] of discretion’’ or ‘‘factual the transfer of pending habeas cases from purposes. The Federal Government regulates determinations’’ that do not implicate due district courts to federal appellate courts in driver’s licenses issuance now for HAZMAT process); Fong Yue Ting v. INS, 149 U.S. 698, which they could have been properly filed and commercial trucks, but not with regard 713–14 (1893) (‘‘Congress might intrust the under section 242(b)(2) of the INA or the to their physical security, counterfeit resist- final determination of . . . facts to an execu- transitional rules of IIRIRA. ance or with regard to the confirmation of tive officer’’); Heikkila v. Barber, 345 U.S. 229, Subsection 106(d) provides that IIRIRA the identity of an applicant before license 236 (1953) (‘‘the function of the courts has al- transition-rule cases filed under former sub- issuance. There is also federal regulation re- ways been limited to the enforcement of due section 106(a) of the INA (1995), concerning garding Driving Under the Influence of alco- process requirements’’); Ter Yang v. INS, 109 judicial review of deportation and exclusion hol, including requiring suspension of driv- F.3d 1185, 1195 (7th Cir. 1997) (‘‘the Supreme cases and repealed by the IIRIRA, shall be ing privileges, and provides grants to states Court long ago made it clear that this writ treated as if they had been filed under sec- for prevention programs. Federal law and does not offer what our petitioners desire: re- tion 242 of the INA and that such petitions regulations (23 CFR Chapter III) also provide view of discretionary decisions by the polit- shall be the sole avenue for judicial review of detailed prescriptions for driver’s safety ical branches of government’’); see also Sol v. deportation or exclusion orders, notwith- training as a condition for issuance of li- INS, 274 F.3d 648, 651 (2d Cir. 2001) (habeas ju- standing any other provisions of law, includ- censes, and minimum standards for visual

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00129 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2874 CONGRESSIONAL RECORD — HOUSE May 3, 2005 features to enable distinction between learn- ists, it would expedite the checks on every- Section 202(c) Minimum Issuance Stand- er’s permits and full validity driver’s li- one else by reducing ‘‘false positives’’ where ards The 9/11 Commission report rec- censes. There is also a National Driver Reg- a person is erroneously matched by name ommended that the federal government cor- ister Problem Driver Point System, estab- with a wanted person. rect the chronic weakness among many of lished by the National Driver Register Act of 202(b)(4) Currently every state does post a the states in the verification of identity for 1982. This Act established a mandate for driver’s license number on a permanent driv- issuance of licenses. That recommendation states to share information about ‘‘bad driv- er’s license ‘‘card,’’ but not all states employ has been supported by other reports on ers’’ through this system. Participation in traceable numbers on temporary licenses and criminal justice, drunk driving, and under- the NDR is optional, conditioned by Federal temporary state ID cards. This is obviously age drinking, albeit for entirely different ob- grants. All 50 States and the District of Co- an important tool in differentiating counter- jectives. Current federal regulations address- lumbia participate in the NDR. The system feit licenses from valid licenses—via a num- ing driver’s licenses require the states to ob- is also referred to as the Problem Driver ber check. tain a date of birth for each applicant, but Pointer System (PDPS). Regulations gov- 202(b)(5) requires a digital photograph of states set their own criteria for what kind of erning participants require states to collect the person so that it can be confirmed by document they can rely on for the DOB. Con- more information than required for the min- comparison to the current and/or future sequently, the Commission staff reported imum document requirements under Section database of the State issuing the license, noted that it’s similarly easy for a terrorist, 202 as part of the license issuance process. using existing secure technology designed for or for a tourist, entering the U.S. on a valid However, the requirements for proof of iden- that purpose. More than 20 states continue visa, to build a ‘‘document chain’’ beginning tification to obtain a license are generalized. to use a process where ‘‘regular’’ photos are with a counterfeit or an altered document. When the REAL ID Act becomes law, CFR 23 glued into license forms. These are easily al- Precisely because we have many legal immi- will need to be substantially revised by DOT tered by breaking the plastic seal, and re- grants, States rarely check the authenticity to add details to the pertinent sections, as placing the valid photo with one of the per- of ‘‘green cards’’ or other immigration docu- determined through the Department of son who has stolen or ‘‘borrowed’’ the license ments. Which is why 9–11 terrorist Moham- Homeland Security established regulations or ID card from the person to whom it was mad Atta was able to pass a hand altered im- implementing the Act. The primary process validly issued. The intent of requiring a dig- migration document to get a 6 year Florida’s by which states will share information re- ital photo, as in a passport, is to insure that driver’s license despite holding what was, in garding the identities of driver’s license the photo accurately captures the appear- fact, a visa that was about to expire. Once holders will be the PDPS, once upgraded and ance of the person to whom it was issued. It implemented, it will also address the prob- with complimentary system capacity up- also allows the state to retain a record of the lem in which high school and underage col- grading by the States. digital image at a relatively low cost, and be lege students obtain authentic driver’s li- 202(a)(2). The Conferees revised HR 418, able to provide that image to law enforce- censes in states other than ones they grew which placed compliance certification by the ment quickly via a computer link. up in, with a false age that allows them to go States under the authority of the Secretary 202(b)(6) Having the person’s principal resi- into bars and consume alcohol. The provision of Homeland Security, based on certification dence address is, in fact, a standard require- will establish minimum issuance standards by the Secretary of Transportation, so that ment in nearly all states, but many states for federal recognition requiring that before the Secretary of Homeland Security will de- make no effort to verify that it is the prin- a state can issue a driver’s license or photo termine whether a state is complying with cipal residence, and not an address of con- identification card, it would have to verify its certifications of compliance with the Act. venience, or a completely irrelevant address with the issuing agency, the issuance, valid- This establishes a new channel of federal reg- selected at random by the applicant. In this ity and completeness of: (1) a photo identi- ulation and compliance audit by the Depart- last case, the applicant has normally pro- fication document or a non-photo document ment of Homeland Security for identity vided a false address to avoid apprehension containing both the individual’s full legal management, while requiring coordination for a crime, or notification by law enforce- name and date of birth; (2) date of birth; (3) of regulations with the Department of Trans- ment regarding a civil award. Many scofflaw proof of a social security number (SSN) or portation (DOT) of driver’s license regimes. fathers hide their current location to avoid verification of the individual’s ineligibility Section 202(b) Minimum Document Re- paying child support, as required by federal for a SSN; and (4) name and address of the quirements. The intent of this requirement law. individual’s principal residence. A com- is to improve the ability of law enforcement 202(b)(7) requires a person’s signature, so parable, but more loosely defined set of iden- officers at all levels to confirm the identity that it can be compared to a person’s signa- tity verification requirements pertaining to of the individuals presenting state issued ture when using the card for identity con- minimum requirements for NDR inquiries driver’s licenses or identification cards. firmation for both civil, legal and regular fi- are stated in CFR 23, 1327.5 to be ‘‘Proof of 202(b)(1) Many states don’t follow the con- nancial transactions, as to verify a credit identification—Acceptable forms of identi- vention of full legal name. For example, a card signature. Signature verification is an- fication are driver’s license, birth certifi- person might ‘‘use’’ a middle name versus other means for a law enforcement officer to cate, credit card, employee identification his/her first name, and therefore prefer that confirm identity, and is actually of conven- card, and other forms of identification nor- the driver’s license use that name without ience to retail establishments to confirm mally accepted by the State.’’ The new re- regard to the ‘‘real’’ first name. Instead of check and credit card signatures. quirements do not ‘‘preempt any state William Beauford Brown, the state driver’s 202(b)(8) requires physical security features verification standards’’ but require that the license states simply ‘‘Beau Brown.’’ Using a to prevent tampering counterfeiting or du- state establish a common minimum set of name other than a full legal name results in plication of the document for fraudulent pur- standards. Nothing in the law limits a ‘‘no matches’’ when checked against other poses. The importance of this requirement state’s prerogative to use other supple- public records that use the full legal name. cannot be overstated. A majority of states mentary forms of identity confirmation, nor This occurred with some of the licenses and maintain a high level of physical security in to use a much lower standard for the state ID cards obtained by the 9/11 terrorists, the manufacture of their cards. Unfortu- issuance of learner’s permits or other driving where the driver’s license ‘‘names’’ were nately, a significant minority of states do permits that are not eligible to be used for variants on the actual name carried in the not issue licenses or ID cards with secure identification purposes by federal agencies. passport, despite the terrorists’ use of their physical characteristics. This results in For those forty states who have public policy own, valid passports to verify name. criminals, identity thieves, and amateurs positions and corroborating state law that 202(b)(2) The person’s date of birth is nec- such as college students being able to ‘‘man- establish minimum identity confirmation essary to differentiate the person from oth- ufacture’’ fake driver’s licenses and ID cards standards and a legal presence requirement, ers with the same name—for example, there from these states. Federal law enforcement the standards will provide a common plat- are thousands of John R. Browns in the U.S., officials—national forensic document labora- form but very few have the same birthday. This is tory—can validate that the driver’s licenses 202(c)(2)—Special Requirements This re- particularly relevant to protect people from of these states are not secure from counter- quires a state, before issuing a driver’s li- being delayed at airports because their name feiting using easily available technology. cense or identification card to a person, to coincides with someone on the ‘‘do not fly’’ 202(b)(9) A common machine-readable tech- require a person to present valid documen- list. Additional biographic information on nology exists, along with common defined tary evidence that he or she is either a U.S. the document most citizens present to board minimum data elements, under the inter- citizen or national or an alien legally a plane will reduce problems with state driver’s compact to which 46 states al- present in the United States. CRS has noted misidentification that currently plague our ready belong. There is inconsistency in ac- that there are no special requirements relat- security processes. tual practice with regard to the order of the ing to the issuance of identification cards to 202(b)(3) Gender is for all but a very few data. Further, there has been little research persons who are not U.S. citizens but are persons a clearly definable and verifiable bi- on methods to secure the privacy of the data nonetheless U.S. nationals (i.e., most resi- ometric identifier. It allows law enforcement contained on the machine readable strip. Im- dents of American Samoa or Swain’s Island). and airport security to quickly match or ‘‘no provements in the machine readable tech- That will not be necessary within the Act, as match’’ a person against a wants and war- nology would allow for less data being the Secretaries of DHS and DOT will accord- rant notification. Systematically employing present on the face of the card in the future, ingly address those special categories of U.S. it throughout the country would not only with other data stored securely and only nationals (a U.S. citizen or ‘‘a person who, improve identification of suspected terror- able to be read by law enforcement officials. though not a citizen of the United States,

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00130 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2875 owes permanent allegiance to the United for identification, with the notification to 202(d)(4) The requirement to establish an States’’). the holder that it is not valid for federal effective procedure to confirm or verify a re- For those state electing to conform to the identification or official federal purposes. newing applicant’s information will estab- requirements of this Act, so that their driv- 202(c)(3)(C) The Act, for purposes of vali- lish a qualitative floor standard to correct er’s licenses will be accepted for identifica- dating states’ determination of lawful pres- the current problem in some states where li- tion purposes by the federal government, ence requires that all States enter into a cense and ID card renewal is done without this set of requirements establishes the basis memorandum of understanding with the Sec- adequate confirmation of identity of the ap- for a common statutory basis for subsequent retary of Homeland Security to routinely plicant. Those inadequate procedures are federal regulations. utilize the automated system known as Sys- both a source of identity theft and a vulner- 202(c)(2)(B) The evidence of Legal Status tematic Alien Verification for Entitlements, ability that terrorists might exploit. requirements conform almost exactly to to verify the legal presence status of a per- 202(d)(5) imposes an important requirement those of the laws of the Commonwealth of son, other than a United States citizen or na- to correct a current practice of many states Virginia, and are parallel to the state laws of tional, applying for a driver’s license or iden- in which multiple driver’s licenses with mul- New York, Florida, California and roughly tification card. tiple names are allowed to use the same ref- thirty other states which have passed laws Section 202(d) Other requirements are each erence Social Security Number as the ‘‘ref- requiring evidence of lawful presence in the new procedural standards to be addressed by erence’’ SSN to confirm identity. In the United States. It requires for state license regulations to be established by DHS under event that a SSN is already registered to or and ID cards verification that an applicant is the Act. associated with another person to which any lawfully present (not present in violation of 202(d)(1) Obtaining and retaining digital state has issued a driver’s license or identi- the Immigration and Naturalization Act) in images of applicants will assist in expediting fication card, the state shall resolve the dis- the United States before issuing a driver’s li- applicant identity confirmation for license crepancy and take appropriate action. The cense or personal identification card that is and ID card renewal process. It will also as- need for this requirement is illustrated by intended to be used for identification pur- sist with preventing fraud, and facilitate what was found in Virginia and in New York poses by federal agencies. Under this section, those states using photo comparison soft- State when states laws in each were changed persons would only be eligible for temporary ware to identity such frauds, and safeguard post 9/11. In 2002, when Virginia began recon- drivers’ licenses or identification cards if against identity theft. ciling SSNs with the Social Security Admin- 202(d)(2) requires states to keep records of evidence is presented that they: (1) have a istration, it found the SSNs of more than a source documents (birth certificates, etc.) valid, unexpired non-immigrant visa or non- quarter million of its license holders were for at least 7 years primarily to allow for re- immigrant visa status for entry into the ‘‘non- matches’’ with the Social Security Ad- newal of driver’s licenses without requiring United States; (2) have a pending or approved ministration’s records. Similarly New York license holders to bring back identity con- application for asylum in the United States; State found hundreds of thousands of similar firming documents. It also establishes a min- (3) have entered into the United States in license holders in its database. refugee status; (4) have a pending or ap- imum duration during which documentation 202(d)(6) corrects the current security vul- proved application for temporary protected is available to law enforcement officers in- nerability of state procedures where a li- status in the United States; (5) have ap- vestigating and prosecuting suspected iden- cense or ID card issued by another state is proved deferred action status; or (6) have a tity concealment by criminals and terror- replaced with a new license or ID card with- pending application for adjustment of status ists, as well as obtaining proof and assist- out confiscating the ‘‘old’’ card or notifying to that of an alien lawfully admitted for per- ance with identity theft crimes. This cor- the other state of the new issuance. Several manent residence in the United States or rects a current problem in which states don’t of the 9/11 terrorists told the issuing states conditional permanent resident status in the retain records at all, or destroy them after a that they had lost their licenses so that they United States. few months, hence destroying both the audit could have two valid licenses, and then used 202(c)(2)(C) This establishes that, in order trail of proof of valid documents needed to the duplicate to obtain a license in another to issue temporary licenses or temporary ID issue a license, as well as fraudulent docu- state, allowing them to hold multiple li- cards that will be acceptable to the federal ments used by law breakers until subse- censes from multiple states. This practice of government for identification purposes, a quently discovered by investigators. Al- obtaining multiple licenses in multiple state may only issue a temporary driver’s li- though the FBI has provided the counts now states is also routinely exercised by crimi- cense or identification card with an expira- used about the false identities maintained by nals and bad drivers for their respective ille- tion date equal to the period of time of the the 19 9–11 terrorists, they may in fact have gal purposes, which this requirement will applicant’s authorized stay in the United had more, as state records systems are some- correct. States. Clause ii provides that if there is an times so poor that few source documents are 202(d)(7) requiring improved physical secu- indefinite end to the period of authorized available to confirm or deny. The goal is to rity addresses a growing problem of identity stay, the card’s expiration date shall be one move all the state’s records into electronic thieves and documents purveyors breaking year. The temporary card shall clearly indi- format, with each state consolidating elec- into state facilities and stealing license cate that it is temporary and shall state the tronic records otherwise maintained at stock blanks, printing machines, and some- expiration date. Clause iii provides for clear County level at the State level. The cost is times actual computer hard drives in which display of the expiration date on a tem- much lower than the paper filing system still current license holder data is stored. porary card, which is an extremely impor- maintained by some States. The initial cap- 202(d)(8) subjects state personnel and con- tant requirement for the benefit of public ital cost for the state is not insignificant, tractors employed by the states who produce safety and security personnel, police and but the incremental savings are great. Al- the driver’s licenses to security clearance re- others who need to inspect people for entry though this Act will require licenses be re- quirements. Investigations of driver’s license to airports, secure facilities, and for official issued after every eight years, states will insider corruption in Virginia, New Jersey federal purposes, as defined in the act and by need to have original document records to and other states in the past three years re- subsequent regulations. A clear display fa- discern whether the birth certificate was vealed that a routine security investigation cilitates an expedited inspection, and a clear valid that was originally presented when the would have prevented key perpetrators from date to determine validity of the temporary prior license was issued. The Social Security ever being employed to handled documents licenses. Clause iv provides that renewals of Administration is pursuing a birth certifi- of high ‘‘street’’ value that can be sold to il- the temporary cards would be done only cate records system with the States that is legal aliens, criminals, terrorists, and iden- upon presentation of valid documentary evi- beginning to have an effect in a few pilot tity thieves. dence that the status had been extended by states, which program will be further accel- 202(d)(9) requires states to train employees the Secretary of Homeland Security. This is erated by the program put into law through to detect fraud ‘‘before it happens’’ to reduce important because renewals of temporary li- the Intelligence Reform Act that will reduce vulnerability to terrorists, identity thieves, censes were exploited by the 9/11 terrorists, the state’s need to retain a separate record alien smugglers and illegal aliens with false and have been a major security vulnerability of document images or paper records. documents and ‘‘bad driver’’ frauds. A few with foreign visitors who decide to overstay 202(d)(3) The requirement to photograph states do this now, and all states need to do their valid visa terms. each applicant has as its purpose capturing a this to improve the integrity of the license 202(c)(3)(B) The requirement that licenses recorded photograph of applicants who may issuing process. for ID purposes for foreign visitors not be be denied a license for insufficient docu- 202(d)(10) limits the term of validity of issued except when the applicant’s identity ments or documents that are recognized as driver’s licenses and ID cards to establish a is confirmed by a passport is intended to fraudulent. This will primarily act as a de- maximum term, to address the current vul- strengthen the identify confirmation process terrent to attempted fraud, once the public nerability to identity thieves who steal or for foreign visitors, and to stop the process becomes aware of this new procedure, since purchase the valid driver’s license, and then of accepting unreliable foreign documents frauds and others using false identities will assume the identity of a dead person or for identification. Should an applicant who understand that their photograph will be someone who has left the state and go undis- is not a U.S. citizen or immigrant otherwise available to law enforcement even if they are covered for an indefinite period. meet the identification standards set out in denied a license or ID card. It is a particu- 202(d)(11) provides for those categories of the bill, a State must only provide a tem- larly important tool for federal law enforce- special licenses issued by states for local or porary license or certificate limited to one ment investigating suspected terrorism and temporary purposes where the identity of year’s duration and clearly marked as not identity theft. the applicant cannot be assured, or for whom

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00131 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2876 CONGRESSIONAL RECORD — HOUSE May 3, 2005 lawful presence is not determined. Examples the requirements of the regulations. Some Section 302 of the conference agreement in- of such licenses or Florida license issued as states are already in compliance with nearly cludes language modified from language pro- valid only ‘‘in state’’ purposes, and certifi- all of the standards established by the act, posed in section 302 of division B of the cates of driving privileges issued by Ten- and it will be incumbent upon DHS to recog- House bill. The Senate did not include simi- nessee and Utah, for which the applicants nize that grants should be only used to assist lar language. cannot meet the identity confirmation re- those states which cannot otherwise meet Section 302 requires the Department of quirements of the Act. Subparagraph A es- the minimum standards by the end of 2009. Homeland Security to establish a pilot pro- tablishes the requirement that such docu- DHS will also need to establish internal cer- gram to identify and test ground surveil- ments and/or cards be clearly marked as not tification procedures so that grants awarded lance technologies to enhance border secu- accepted for federal identification. The pro- are spent for the purposes identified. This rity. The program would cover both northern vision will allow the state to meet the terms provision also authorizes the Secretary to and southern border locations. It also re- of this act with regard to its non-standard li- request funds and assign personnel for the quires DHS to submit a report to designated censes, provided DHS confirms its certifi- administration of this Act through the nor- House and Senate committees within a year cation that it’s procedures don’t provide any mal process. of program implementation describing the ‘‘back doors’’ to licenses or ID cards that in- Section 205 of the conference agreement in- program and recommending whether it tended to be valid for federal identification cludes language modified from language pro- should terminate, be made permanent, or be or federal purposes. Subparagraph B requires posed in section 206 of division B of the enhanced. a unique design or color indicator such as a House bill. The Senate did not include simi- Section 303 of the conference agreement in- special colored border so that federal offi- lar language. cludes language modified from language pro- cials can quickly recognize it is not valid for Section 205 requires the Secretary of posed in section 303 of division B of the federal identification or federal purposes. Homeland Security to consult with the Sec- House bill. The Senate did not include simi- 202(d)(12) requires each state to be able to retary of Transportation and with the states lar language. electronically access information contained in the process under which DHS issues regu- Section 303 requires the Secretary of in other states’ motor vehicle databases. lations, sets standards, and issues grants Homeland Security, in consultation with DHS will be expected to establish regula- under this title. This provision establishes various federal, state, local, and tribal agen- tions which adequately protect the privacy that the Secretary, consistent with the Ad- cies, to develop and implement a plan to im- of the holders of licenses and ID cards which ministrative Procedures Act, will follow a prove interagency communication systems meet the standards for federal identification conventional regulatory notice procedure, and enhance information-sharing on matters and federal purposes. DHS regulations per- including the established inter agency notifi- related to border security on the federal, taining to the overall security of state data- cation regime, and will not engage in any state, local, and tribal level. DHS would sub- bases to safeguard them from unauthorized other form of rule making, such as nego- mit a report to designated House and Senate access or any criminal abuse are not re- tiated rule making. committees within a year of plan implemen- quired by this Act because DHS is already Section 205 also allows the Secretary of tation which would include any rec- subject to privacy protection standards DHS to grant an extension of time only to ommendations that the Secretary of Home- through other federal laws pertaining to meet the requirements of section 202(a)(1), land Security found appropriate. cyber security. which means that all states must meet TITLE IV—TEMPORARY WORKERS 202(d)(13) The requirement for states to standards established by the regulation with The conference agreement includes lan- maintain a motor vehicle database that con- a uniform deadline for their respective driv- guage modified from language proposed by tains all data fields printed on driver’s li- er’s licenses and ID cards to be used for Fed- the Senate regarding numerical limits for censes and identification cards is directed at eral identification and federal purposes. H2–visas for certain nonimmigrant workers. those states which currently don’t store ade- Section 206 of the conference agreement in- The House did not include similar language. quate records to allow other states to con- cludes language modified from language pro- TITLE V—OTHER CHANGES TO PROVI- firm the validity of the original issues. This posed in section 207 of division B of the requirement is primarily to address identity SIONS GOVERNING NONIMMIGRANT House bill. The Senate did not include simi- AND IMMIGRANT VISA management minimum standards, and to lar language. The conference agreement includes lan- support the goal of ‘‘only one license for one Section 206 also repeals overlapping and guage modified from language proposed by driver.’’ This provision in both parts will potentially conflicting provisions of the In- the Senate regarding reciprocal visas for na- correct a significant problem that has led to telligence Reform and Terrorism Prevention tional of Australia. The House did not in- some states refusing to provide reciprocity Act of 2004. clude similar language. to other states with regard to both adequate Section 207 of the conference agreement in- The conference agreement includes lan- data and assurance of driver safety, particu- cludes language modified from language pro- guage modified from language proposed by larly with regard to Driving Under the Influ- posed in section 208 of division B of the the Senate regarding visas for nurses. the ence citations. House bill. The Senate did not include simi- House did not include similar language. Section 203 of the conference agreement in- lar language. cludes language modified from language pro- The conferees agree to the Senate amend- Section 207 provides a normal limitation ment relating to the title of the Act. The posed in section 204 of division B of the on statutory construction to preserve the House bill. The Senate did not include simi- Senate amended the title to read ‘‘An Act authorities and responsibilities of the Sec- Making Emergency Supplemental Appropria- lar language. retary of Transportation. Section 203. This section amends 18 U.S.C. tions for Defense, the Global War on Terror, § 1028(a)(8), which makes it a federal crime to TITLE III—BORDER INFRASTRUCTURE and Tsunami Relief, for the fiscal year end- transport, transfer, or otherwise dispose of AND TECHNOLOGY INTEGRATION ing September 30, 2005, and for other pur- to another, materials or features used on a Section 301 of the conference agreement in- poses.’’. cludes language modified from language pro- document of the type intended or commonly JERRY LEWIS, posed in section 301 of division B of the used for identification purposes. By replac- C.W. BILL YOUNG, House bill. The Senate did not include simi- ing the phrase ‘‘false identification features’’ RALPH REGULA, lar language. with ‘‘false or actual authentication fea- HAROLD ROGERS, Section 301 requires the Under Secretary of tures,’’ this provision clarifies the scope of FRANK R. WOLF, Homeland Security for Border and Transpor- the criminal provision, making it a crime to JIM KOLBE, tation Security, in consultation with the traffic in identification features regardless JAMES T. WALSH, Under Secretary of Homeland Security for of whether the feature is false. In addition, CHARLES H. TAYLOR, Science and Technology and the Under Sec- section 203(b) requires that the Secretary of DAVID L. HOBSON, retary of Homeland Security for Information Homeland Security enter conviction infor- HENRY BONILLA, Analysis and Infrastructure Protection, to mation into the appropriate aviation screen- JOE KNOLLENBERG, study the technology, equipment, and per- ing database. This provision should improve JOHN P. MURTHA, sonnel needed by field offices of the Bureau the security of the clearance process while NORMAN D. DICKS, of Customs and Border Protection to address reducing incidents of travelers being delayed ALAN B. MOLLOHAN, security vulnerabilities within the United because of similar names with people on the PETER J. VISCLOSKY, States, and conduct a follow-up study at ‘‘do not fly’’ watch list. CHET EDWARDS, least once every five years thereafter. The Section 204 of the conference agreement in- Managers on the Part of the House. cludes language modified from language pro- Under Secretary of Homeland Security for posed in section 205 of division B of the Border and Transportation Security is re- THAD COCHRAN, House bill. The Senate did not include simi- quired to submit a report to Congress of find- TED STEVENS, lar language. ings and conclusions from each study, along PETE V. DOMENICI, Section 204 provides grants to states under with legislative recommendations for ad- CHRISTOPHER S. BOND, the discretion of the Secretary of Homeland dressing security vulnerabilities. Section MITCH MCCONNELL, Security. This will require DHS to establish 301(c) authorizes necessary appropriations RICHARD C. SHELBY, a process for grant requests, and the time for fiscal years 2006 through 2011 to carry out JUDD GREGG, table under which states will need to meet recommendations from the first study. ROBERT F. BENNETT,

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00132 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 3, 2005 CONGRESSIONAL RECORD — HOUSE H2877 LARRY CRAIG, Mr. SMITH of New Jersey, for 5 min- 1778. A letter from the Deputy Assistant KAY BAILEY HUTCHISON, utes, today and May 4. Administrator, Office of Diversion Control, MIKE DEWINE, Mr. GOHMERT, for 5 minutes, May 4. DEA, Department of Justice, transmitting SAM BROWNBACK, the Department’s final rule—Electronic Or- WAYNE ALLARD, f ders for Controlled Substances [Docket No. ROBERT C. BYRD, ENROLLED JOINT RESOLUTIONS DEA–217F] (RIN: 1117–AA60) received March 30, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to DANIEL K. INOUYE, SIGNED PATRICK LEAHY the Committee on Energy and Commerce. (with exception for Mr. Trandahl, Clerk of the House, re- 1779. A letter from the Acting Assistant REAL ID), ported and found truly enrolled Joint Secretary for Legislative Affairs, Depart- TOM HARKIN Resolutions of the House of the fol- ment of State, transmitting certification of (with exception for a proposed license for the export of defense lowing titles, which were thereupon articles or defense services sold under a con- REAL ID), signed by the Speaker: BARBARA MIKULSKI tract to Russia and Kazakhstan (Transmittal (with exception for H.J. Res. 19. Joint resolution providing for No. DDTC 005–05), pursuant to 22 U.S.C. REAL ID), the appointment of Shirley Ann Jackson as 2776(c); to the Committee on International HARRY REID a citizen regent of the Board of Regents of Relations. (with exception for the Smithsonian Institution. 1780. A letter from the Assistant Legal Ad- REAL ID), H.J. Res. 20. Joint resolution providing for viser for Treaty Affairs, Department of State, transmitting Copies of international BYRON L. DORGAN, the appointment of Robert P. Kogod as a cit- (with res.—conference izen regent of the Board of Regents of the agreements, other than treaties, entered into did not reconvene), Smithsonian Institution. by the United States, pursuant to 1 U.S.C. 112b(a); to the Committee on International DIANNE FEINSTEIN f Relations. (with exception for ADJOURNMENT 1781. A letter from the Acting Assistant REAL ID), Secretary for Legislative Affairs, Depart- TIM JOHNSON, Mr. BARTLETT of Maryland. Mr. ment of State, transmitting notice that the MARY LANDRIEU, Speaker, I move that the House do now annual report required by section 655 of the Managers on the Part of the Senate. adjourn. Foreign Assistance Act of 1961, dated on f The motion was agreed to; accord- June 28, 2001, included an error and a correc- LEAVE OF ABSENCE ingly (at 11 o’clock and 59 minutes tion of that error; to the Committee on International Relations. By unanimous consent, leave of ab- p.m.), the House adjourned until to- 1782. A letter from the Secretary, Depart- sence was granted to: morrow, Wednesday, May 4, 2005, at 10 ment of State, transmitting consistent with Mr. LARSON of Connecticut (at the re- a.m. the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Pub. L. 107– quest of Ms. PELOSI) for today on ac- f 243), the Authorization for the Use of Force count of a family medical emergency. EXECUTIVE COMMUNICATIONS, Against Iraq Resolution (Pub. L. 102–1), and f ETC. in order to keep the Congress fully informed, SPECIAL ORDERS GRANTED a report prepared by the Department of Under clause 8 of rule XII, executive State for the December 15, 2004–February 15, By unanimous consent, permission to communications were taken from the 2005 reporting period including matters re- address the House, following the legis- Speaker’s table and referred as follows: lating to post-liberation Iraq under Section 7 lative program and any special orders 1772. A letter from the Director, Office of of the Iraq Liberation Actof 1998 (Pub. L. 105– heretofore entered, was granted to: National Drug Control Policy, transmitting 338); to the Committee on International Re- (The following Members (at the re- a report of a violation of the Antideficiency lations. Act, pursuant to 31 U.S.C. 1517(b); to the 1783. A letter from the Director of Public quest of Mr. PALLONE) to revise and ex- Affairs, American Battle Monuments Com- tend their remarks and include extra- Committee on Appropriations. 1773. A letter from the Principal Deputy mission, transmitting a report of the Com- neous material:) Under Secretary for Personnel and Readi- mission’s administration of the Freedom of Mr. DEFAZIO, for 5 minutes, today. ness, Department of Defense, transmitting Information Act for Fiscal Year 2004, pursu- Mr. EMANUEL, for 5 minutes, today. the annual report on the status of female ant to 5 U.S.C. 522 Public Law 99–570; to the Mr. PALLONE for 5 minutes, today. members of the Armed Forces for FY 2004, Committee on Government Reform. Ms. WOOLSEY, for 5 minutes, today. pursuant to 10 U.S.C. 481 note Public Law 1784. A letter from the Director, Office of White House Liaison, Department of Edu- Mr. GENE GREEN of Texas, for 5 min- 107-314 section 562(a); to the Committee on cation, transmitting a report pursuant to Armed Services. utes, today. the Federal Vacancies Reform Act of 1998; to 1774. A letter from the Under Secretary for Mr. WU, for 5 minutes, today. the Committee on Government Reform. Ms. LEE, for 5 minutes, today. Personnel and Readiness, Department of De- 1785. A letter from the Director, Office of Ms. KAPTUR, for 5 minutes, today. fense, transmitting a letter on the approved White House Liaison, Department of Edu- retirement of Lieutenant General John R. Ms. JACKSON-LEE of Texas, for 5 min- cation, transmitting a report pursuant to Baker, United States Air Force, and his ad- utes, today. the Federal Vacancies Reform Act of 1998; to vancement to the grade of lieutenant general the Committee on Government Reform. Mr. MEEK of Florida, for 5 minutes, on the retired list; to the Committee on today. 1786. A letter from the Director, Office of Armed Services. White House Liaison, Department of Edu- Ms. SOLIS, for 5 minutes, today. 1775. A letter from the Principal Deputy cation, transmitting a report pursuant to Mr. BARROW, for 5 minutes, today. General Counsel, Department of Defense, the Federal Vacancies Reform Act of 1998; to Mrs. MCCARTHY, for 5 minutes, today. transmitting copies of the Department’s the Committee on Government Reform. Mr. GUTIERREZ, for 5 minutes, today. model State Code of Military Justice and 1787. A letter from the Assistant Attorney (The following Members (at the re- model State Manual for Courts-Martial for General for Administration, Department of quest of Mr. POE) to revise and extend the National Guard When Not In Federal Justice, transmitting in accordance with the their remarks and include extraneous Service, as requested in the Bob Stump Na- Federal Activities Inventory Reform Act of tional Defense Authorization Act for FY material:) 1998, the Department’s FY 2004 inventory of 2003; to the Committee on Armed Services. commercial and inherently governmental ac- Mr. OSBORNE, for 5 minutes, today. 1776. A letter from the Director, Office of tivities; to the Committee on Government Mr. POE, for 5 minutes, today. Thrift Supervision, Department of the Treas- Reform. Mr. JONES of North Carolina, for 5 ury, transmitting a letter on the details of 1788. A letter from the Chairman, Federal minutes, today and May 4 and 5. the Office’s 2005 compensation plan, pursuant Deposit Insurance Corporation, transmitting Mr. FLAKE, for 5 minutes, today. to 12 U.S.C. 18336; to the Committee on Fi- the Corporation’s 2005 Annual Performance Mr. GINGREY, for 5 minutes, May 4. nancial Services. Plan, in accordance with the Government Mr. BURTON of Indiana, for 5 minutes, 1777. A letter from the Administrator, En- Performance and Results Act of 1993; to the today and May 4 and 5. ergy Information Administration, Depart- Committee on Government Reform. Mr. Fortuno, for 5 minutes, today. ment of Energy, transmitting a copy of the 1789. A letter from the Assistant Attorney Energy Information Administration’s General for Legislative Affairs, Department Mr. GUTKNECHT, for 5 minutes, May (EIA’s), ‘‘Performance Profiles of Major En- of Justice, transmitting the report on the 10. ergy Producers 2003,’’ and notification that Administration of the Foreign Agents Reg- Mr. NORWOOD, for 5 minutes, May 5. the report is also available electronically, istration Act for the six months ending De- Mr. MCCAUL of Texas, for 5 minutes, pursuant to Public Law 95-91, section 205(h); cember 31, 2003, pursuant to 22 U.S.C. 621; to May 4. to the Committee on Energy and Commerce. the Committee on the Judiciary.

VerDate Aug 31 2005 05:02 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00133 Fmt 0636 Sfmt 0634 E:\RECORDCX\T37X$J0E\H03MY5.REC H03MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE H2878 CONGRESSIONAL RECORD — HOUSE May 3, 2005 1790. A letter from the Assistant Attorney 1800. A letter from the Secretary, Depart- AI55) received April 6, 2005, pursuant to 5 General for Legislative Affairs, Department ment of Transportation, transmitting a re- U.S.C. 801(a)(1)(A); to the Committee on of Justice, transmitting a report of activities port entitled, ‘‘Fundamental Properties of Transportation and Infrastructure. under the Civil Rights of Institutionalized Asphalts and Modified Asphalts-II’’ sub- 1809. A letter from the Program Analyst, Persons Act during Fiscal Year 2004, pursu- mitted in accordance with Section 6016(e) of FAA, Department of Transportation, trans- ant to 42 U.S.C. 1997f; to the Committee on the Intermodal Surface Transportation Effi- mitting the Department’s final rule—Noise the Judiciary. ciency Act of 1991 (ISTEA), Pub. L. 102–240, Limitations for Aircraft Operations in the 1791. A letter from the Chief, Regulations and Section 5117(b)(5) of the Transportation Vicinity of Grand Canyon National Park and Administrative Law, USCG, Department Equity Act of the 21st Century (TEA–21) and [Docket No. FAA–2003–14715; Amendment No. of Homeland Security, transmitting the De- the extension of those provisions through FY 93–83] (RIN: 2120–AG34) received April 6, 2005, partment’s final rule—Safety Zone; Cherry 2004; to the Committee on Transportation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Blossom Festival Fireworks Display, Poto- and Infrastructure. mittee on Transportation and Infrastruc- mac River, Washington, D.C. [CGD05–05–021] 1801. A letter from the Program Analyst, ture. (RIN: 1625–AA00) received April 12, 2005, pur- FAA, Department of Transportation, trans- 1810. A letter from the Program Analyst, suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Rules FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- of Practice in FAA Civil Penalty Actions— mitting the Department’s final rule—Repair ture. received April 6, 2005, pursuant to 5 U.S.C. Stations [Docket No. FAA–1999–5836] (RIN: 1792. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Transpor- 2120–AI60) received April 6, 2005, pursuant to and Administrative Law, USCG, Department tation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- 1802. A letter from the Program Analyst, Transportation and Infrastructure. partment’s final rule—Safety Zone; Dela- FAA, Department of Transportation, trans- ware River [CGD05–05–007] (RIN: 1625–AA00) mitting the Department’s final rule—Air- f received April 12, 2005, pursuant to 5 U.S.C. worthiness Directives; The Cessna Aircraft 801(a)(1)(A); to the Committee on Transpor- Company Models C208 and C208B Airplanes tation and Infrastructure. [Docket No. FAA–2005–20514; Directorate REPORTS OF COMMITTEES ON 1793. A letter from the Chief, Regulations Identifier 2005–CE–08–AD; Amendment 39– PUBLIC BILLS AND RESOLUTIONS and Administrative Law, USCG, Department 14025; AD 2005–07–01] (RIN: 2120–AA64) re- of Homeland Security, transmitting the De- ceived April 6, 2005, pursuant to 5 U.S.C. Under clause 2 of rule XIII, reports of partment’s final rule—Safety Zone; Atlantic 801(a)(1)(A); to the Committee on Transpor- committees were delivered to the Clerk Intracoastal Waterway, Fernandina Beach, tation and Infrastructure. for printing and reference to the proper FL [COTP Jacksonville 05–033] (RIN: 1625– 1803. A letter from the Program Analyst, calendar, as follows: AA00) received April 12, 2005, pursuant to 5 FAA, Department of Transportation, trans- [Filed on May 3, 2005] U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- Transportation and Infrastructure. worthiness Directives; The Cessna Aircraft Mr. SENSENBRENNER: Committee on the 1794. A letter from the Chief, Regulations Company Models 172R, 172S, 182T, and T182T Judiciary. H.R. 32, A bill to amend title 18, and Administrative Law, USCG, Department Airplanes [Docket No. FAA–2005–20587; Direc- United States Code, to provide criminal pen- of Homeland Security, transmitting the De- torate Identifier 2005–CE–10–AD; Amendment alties for trafficking in counterfeit marks; partment’s final rule—Drawbridge Operation 39–14021; AD 2005–05–53 R1] (RIN: 2120–AA64) with an amendment (Rept. 109–68). Referred Regulations: Taunton River, MA [CGD01–04– received April 6, 2005, pursuant to 5 U.S.C. to the Committee of the Whole House on the 143] (RIN: 1625–AA09) received April 12, 2005, 801(a)(1)(A); to the Committee on Transpor- state of the Union. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. BISHOP of Utah: Committee on Rules. mittee on Transportation and Infrastruc- tation and Infrastructure. 1804. A letter from the Program Analyst, House Resolution 254. Resolution providing ture. FAA, Department of Transportation, trans- for consideration of the bill (H.R. 366) to 1795. A letter from the Chief, Regulations amend the Carl D. Perkins Vocational and and Administrative Law, USCG, Department mitting the Department’s final rule—Air- worthiness Directives; The Cessna Aircraft Technical Education Act of 1998 to strength- of Homeland Security, transmitting the De- en and improve programs under that Act. partment’s final rule—Drawbridge Operation Company Models 402C and 414A Airplanes [Docket No. FAA–2005–20513; Directorate (Rept. 109–69). Referred to the House Cal- Regulations: Townsend Gut, ME. [CGD01–04– endar. 129] (RIN: 1625–AA09) received April 12, 2005, Identifier 2005–CE–07–AD; Amendment 39– 14022; AD 2005–05–52] (RIN: 2120–AA64) re- Mr. SESSIONS: Committee on Rules. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- House Resolution 255. Resolution providing mittee on Transportation and Infrastruc- ceived April 6, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- for consideration of the bill (H.R. 1185) to re- ture. form the Federal deposit insurance system, 1796. A letter from the Chief, Regulations tation and Infrastructure. and for other purposes (Rept. 109–70). Re- and Administrative Law, USCG, Department 1805. A letter from the Program Analyst, ferred to the House Calendar. of Homeland Security, transmitting the De- FAA, Department of Transportation, trans- Mr. LEWIS of California: Committee of partment’s final rule—Drawbridge Operation mitting the Department’s final rule—Air- Conference. Conference report on H.R. 1268. Regulations: Shrewsbury River, NJ [CGD01– worthiness Directives; Airbus Model A310 Se- A bill making emergency supplemental ap- 04–127] (RIN: 1625–AA09) received April 12, ries Airplanes; and Model A300 B4–600, B4– 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 600R, and F4–600R, Series Airplanes, and propriations for the fiscal year ending Sep- Committee on Transportation and Infra- Model C4 605R Variant F Airplanes (Collec- tember 30, 2005, and for other purposes (Rept. structure. tively Called A300–600) [Docket No. FAA– 109–72). Ordered to be printed. 1797. A letter from the Chief, Regulations 2005–20748; Directorate Identifier 2005–NM– and Administrative Law, USCG, Department 063–AD; Amendment 39–14031; AD 2005–07–07] f of Homeland Security, transmitting the De- (RIN: 2120–AA64) received April 6, 2005, pursu- partment’s final rule—Drawbridge Operation ant to 5 U.S.C. 801(a)(1)(A); to the Committee Regulations: Long Island, New York Inland on Transportation and Infrastructure. REPORTED BILL SEQUENTIALLY Waterway from East Rockaway Inlet to 1806. A letter from the Program Anlayst, REFERRED Shinnecock Canal, NY. [CGD01–04–047] (RIN: FAA, Department of Transportation, trans- Under clause 2 of rule XII, bills and 1625–AA09) received April 12, 2005, pursuant mitting the Department’s final rule—Pas- reports were delivered to the Clerk for senger Facility Charge Program, Non-Hub to 5 U.S.C. 801(a)(1)(A); to the Committee on printing, and bills referred as follows: Transportation and Infrastructure. Pilot Program and Related Changes [Docket 1798. A letter from the Chief, Regulations No. FAA–2004–17999; Amendment No. 158–3] Mr. COX: Committee on Homeland Secu- and Administrative Law, USCG, Department (RIN: 2120–AI15) received April 6, 2005, pursu- rity. H.R. 1817. A bill to authorize appropria- of Homeland Security, transmitting the De- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tions for fiscal year 2006 for the Department partment’s final rule—Terms Imposed by on Transportation and Infrastructure. of Homeland Security, and for other pur- States on Numbering of Vessels [USCG–2003– 1807. A letter from the Program Analyst, poses, with an amendment; Referred to the 15708] (RIN: 1625–AA75) received April 12, FAA, Department of Transportation, trans- Committee on Energy and Commerce for a 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule—Aging period ending not later than May 13, 2005 for Committee on Transportation and Infra- Airplane Safety [Docket No. FAA–1999–5401; consideration of such provisions of the bill structure. Amendment Nos. 119–6, 121–284, 129–34, 135–81, and amendment as fall within the jurisdic- 1799. A letter from the Acting Assistant and 183–11] (RIN: 2120–AE42) received April 6, tion of that committee pursuant to clause Secretary, OSHA, Department of Labor, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1(f), rule X. Referred to the Committee on transmitting the Department’s final rule— Committee on Transportation and Infra- Government Reform for a period ending not Procedures for the Handling of Discrimina- structure. later than May 13, 2005 for consideration of tion Complaints Under Section 6 of the Pipe- 1808. A letter from the Program Analyst, such provisions of the bill and amendment as line Safety Improvement Act of 2002 (RIN: FAA, Department of Transportation, trans- fall within the jurisdiction of that com- 1218–AC12) received April 8, 2005, pursuant to mitting the Department’s final rule—Emer- mittee pursuant to clause 1(h), rule X. Re- 5 U.S.C. 801(a)(1)(A); to the Committee on gency Medical Equipment [Docket No. FAA– ferred to the Committee on Judiciary for a Transportation and Infrastructure. 2000–7119; Amendment No. 121–309] (RIN: 2120– period ending not later than May 13, 2005 for

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consideration of such provisions of the bill H.R. 2048. A bill to protect the rights of Ms. DELAURO, Mr. ENGEL, Mr. FARR, and amendment as fall within the jurisdic- consumers to diagnose, service, and repair Mr. HOLDEN, Mr. KILDEE, Mr. KIND, tion of that committee pursuant to clause motor vehicles in the United States, and for Mr. KUCINICH, Mr. LEWIS of Georgia, 1(l), rule X. Referred to the Committee on other purposes; to the Committee on Energy Mrs. MALONEY, Mrs. MCCARTHY, Mr. Science for a period ending not later than and Commerce. MCDERMOTT, Mr. MCNULTY, Mr. MEEK May 13, 2005 for consideration of such provi- By Mrs. BLACKBURN (for herself, Mr. of Florida, Mr. GEORGE MILLER of sions of the bill and amendment as fall with- CALVERT, and Mr. CULBERSON): California, Mr. MOORE of Kansas, Mr. in the jurisdiction of that committee pursu- H.R. 2049. A bill to require certain Federal ROSS, Ms. SLAUGHTER, Mr. SNYDER, ant to clause 1(o), rule X. Referred to the service contractors to participate in a pilot Mr. UDALL of Colorado, Ms. Committee on Transportation and Infra- program for employment eligibility con- WASSERMAN SCHULTZ, Mr. WAXMAN, structure for a period ending not later than firmation; to the Committee on the Judici- Mr. DAVIS of Illinois, and Mr. May 13, 2005 for consideration of such provi- ary, and in addition to the Committee on OWENS): sions of the bill and amendment as fall with- Education and the Workforce, for a period to H.R. 2058. A bill to amend titles XVIII and in the jurisdiction of that committee pursu- be subsequently determined by the Speaker, XIX of the Social Security Act and title III ant to clause 1(r), rule X. Referred to the in each case for consideration of such provi- of the Public Health Service Act to improve Committee on Ways and Means for a period sions as fall within the jurisdiction of the access to information about individuals’ ending not later than May 13, 2005 for consid- committee concerned. health care options and legal rights for care eration of such provisions of the bill and By Mr. BRADLEY of New Hampshire near the end of life, to promote advance care amendment as fall within the jurisdiction of (for himself and Mr. BASS): planning and decisionmaking so that indi- that committee pursuant to clause 1(t), rule H.R. 2050. A bill to require the Secretary of viduals’ wishes are known should they be- X. Referred to the Permanent Select Com- the Treasury to mint coins in commemora- come unable to speak for themselves, to en- mittee on Intelligence for a period ending tion of the legacy of the Old Man of the gage health care providers in disseminating not later than May 13, 2005 for consideration Mountain, the symbol of New Hampshire information about and assisting in the prep- of such provisions of the bill and amendment that passed on to its granite roots in the aration of advance directives, which include as fall within the jurisdiction of that com- dawn of May, 2003; to the Committee on Fi- living wills and durable powers of attorney mittee pursuant to clause 11(b), rule X. nancial Services. for health care, and for other purposes; to (Rept. 109–71, Pt. 1). Ordered to be printed. By Mr. CAMP (for himself and Mr. the Committee on Energy and Commerce, STRICKLAND): and in addition to the Committee on Ways f H.R. 2051. A bill to amend title XVIII of the and Means, for a period to be subsequently PUBLIC BILLS AND RESOLUTIONS Social Security Act to provide continued en- determined by the Speaker, in each case for Under clause 2 of rule XII, public titlement to coverage for immuno- consideration of such provisions as fall with- suppressive drugs furnished to beneficiaries bills and resolutions were introduced in the jurisdiction of the committee con- under the Medicare Program that have re- cerned. and severally referred, as follows: ceived an organ transplant and whose enti- By Mr. PALLONE: By Mr. TOM DAVIS of Virginia (for tlement to coverage would otherwise expire, H.R. 2059. A bill to prohibit the commercial himself, Mr. BISHOP of Utah, Mr. CAN- and for other purposes; to the Committee on harvesting of Atlantic striped bass in the NON, Mr. DENT, Mr. ENGLISH of Penn- Ways and Means, and in addition to the Com- coastal waters and the exclusive economic sylvania, Mr. GILCHREST, Mr. LEACH, mittees on Energy and Commerce, and Edu- zone; to the Committee on Resources. Mr. MOORE of Kansas, Mr. PLATTS, cation and the Workforce, for a period to be By Mr. ROHRABACHER (for himself, Mr. PORTER, Mr. SHAYS, and Mr. SIM- subsequently determined by the Speaker, in Ms. SCHAKOWSKY, Mr. EVANS, Mr. MONS): each case for consideration of such provi- JONES of North Carolina, and Mr. H.R. 2043. A bill to establish the District of sions as fall within the jurisdiction of the MCKEON): Columbia as a Congressional district for pur- committee concerned. H.R. 2060. A bill to amend the Bankruptcy poses of representation in the House of Rep- By Mr. CARDIN (for himself and Mr. Abuse Prevention and Consumer Protection resentatives, and for other purposes; to the GILCHREST): Act of 2005 to exempt from the means test in Committee on the Judiciary, and in addition H.R. 2052. A bill to establish the Star-Span- bankruptcy cases, for a limited period, quali- to the Committee on Government Reform, gled Banner and War of 1812 Bicentennial fying reserve-component members who, after for a period to be subsequently determined Commission, and for other purposes; to the September 11, 2001, are called to active duty by the Speaker, in each case for consider- Committee on Government Reform. or to perform a homeland defense activity ation of such provisions as fall within the ju- By Mr. CARDIN (for himself and Mr. for not less than 60 days; to the Committee risdiction of the committee concerned. GILCHREST): on the Judiciary. By Mr. MARKEY (for himself and Mr. H.R. 2053. A bill to amend the National By Mr. RYUN of Kansas (for himself SHAYS): Trails System Act to designate the Star- and Mr. CANNON): H.R. 2044. A bill to improve air cargo secu- Spangled Banner Trail in the States of Mary- H.R. 2061. A bill to enhance the ability of rity; to the Committee on Homeland Secu- land and Virginia and the District of Colum- community banks to foster economic growth rity. bia as a National Historic Trail; to the Com- and serve their communities, and for other By Mr. PENCE (for himself and Ms. mittee on Resources. purposes; to the Committee on Financial BALDWIN): By Mr. FRANK of Massachusetts: Services, and in addition to the Committee H.R. 2045. A bill to amend the Farm Secu- H.R. 2054. A bill to amend title 10, United on Ways and Means, for a period to be subse- rity and Rural Investment Act of 2002 to pro- States Code, to provide that consensual sex- quently determined by the Speaker, in each vide producers on a farm with greater flexi- ual activity between adults shall not be a case for consideration of such provisions as bility in selecting the crops to be planted on violation of the Uniform Code of Military fall within the jurisdiction of the committee the base acres of the farm; to the Committee Justice; to the Committee on Armed Serv- concerned. on Agriculture. ices. By Mr. SHUSTER (for himself, Mr. By Mr. BUYER (for himself, Mr. By Mr. FRANK of Massachusetts: PLATTS, Mr. HOLDEN, Mr. DENT, and EVANS, Mr. BOOZMAN, and Ms. H.R. 2055. A bill to amend the Immigration Mr. WELDON of Pennsylvania): HERSETH): and Nationality Act to permit certain long- H.R. 2062. A bill to designate the facility of H.R. 2046. A bill to amend the term permanent resident aliens to seek can- the United States Postal Service located at Servicemembers Civil Relief Act to limit cellation of removal under such Act, and for 57 West Street in Newville, Pennsylvania, as premium increases on reinstated health in- other purposes; to the Committee on the Ju- the ‘‘Randall D. Shughart Post Office Build- surance on servicemembers who are released diciary. ing’’; to the Committee on Government Re- from active military service, and for other By Mr. GILLMOR: form. purposes; to the Committee on Veterans’ Af- H.R. 2056. A bill to reduce temporarily the By Mr. SHUSTER: fairs. duty on palm fatty acid distillate; to the H.R. 2063. A bill to amend the Internal Rev- By Mr. BAKER (for himself, Mr. OBER- Committee on Ways and Means. enue Code of 1986 to permit one-time, tax- STAR, Mr. ALEXANDER, Mr. BOUSTANY, By Mr. LATOURETTE (for himself and free distributions from retirement plans to Mr. REHBERG, Mr. PETERSON of Min- Ms. CORRINE BROWN of Florida): fund health savings accounts; to the Com- nesota, Mr. JEFFERSON, Ms. HOOLEY, H.R. 2057. A bill to prevent the Terrorism mittee on Ways and Means. Mr. BERRY, Mr. PASTOR, Mr. Prevention in Hazardous Materials Transpor- By Mr. UDALL of Colorado: MELANCON, Mr. POMEROY, and Ms. tation Emergency Act of 2005 and the Ter- H.R. 2064. A bill to assure that develop- HERSETH): rorism Prevention in Hazardous Materials ment of certain Federal oil and gas resources H.R. 2047. A bill to authorize appropria- Transportation Temporary Act of 2005, as will occur in ways that protect water re- tions for the Surface Transportation Board, passed by the Council of the District of Co- sources and respect the rights of the surface to enhance rail transportation competition, lumbia, from taking effect; to the Com- owners, and for other purposes; to the Com- and for other purposes; to the Committee on mittee on Government Reform. mittee on Resources, and in addition to the Transportation and Infrastructure. By Mr. LEVIN (for himself, Mr. ABER- Committee on Transportation and Infra- By Mr. BARTON of Texas (for himself CROMBIE, Mr. CARDIN, Mr. CASE, Mr. structure, for a period to be subsequently de- and Mr. TOWNS): CASTLE, Mr. CLEAVER, Mr. CUMMINGS, termined by the Speaker, in each case for

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consideration of such provisions as fall with- MILLENDER-MCDONALD, Mrs. DAVIS of Cali- H.R. 1120: Ms. SCHAKOWSKY, Ms. MATSUI, in the jurisdiction of the committee con- fornia, and Mr. WAXMAN. and Mr. LIPINSKI. cerned. H.R. 515: Mr. MENENDEZ. H.R. 1133: Mr. ACKERMAN, Mr. MCGOVERN, By Mr. YOUNG of Florida: H.R. 534: Mr. BARRETT of South Carolina. and Mr. SOUDER. H.R. 2065. A bill to establish formally the H.R. 554: Mr. TERRY and Mr. ALEXANDER. H.R. 1136: Mr. WEINER, Mrs. MALONEY, and United States Military Cancer Institute, to H.R. 556: Mr. FRELINGHUYSEN. Mr. CROWLEY. require the Institute to promote the health H.R. 557: Mr. DAVIS of Florida. H.R. 1155: Mr. CARDIN. of members of the Armed Forces and their H.R. 558: Ms. BERKLEY, Mr. OSBORNE, Ms. H.R. 1157: Mr. WATT and Mr. AL GREEN of dependents by enhancing cancer research HOOLEY, Mr. JINDAL, Mr. BUTTERFIELD, and Texas. and treatment, to provide for a study of the Ms. GINNY-BROWN WAITE of Florida. H.R. 1175: Mr. MCCOLLUM of Minnesota, Mr. epidemiological causes of cancer among var- H.R. 559: Mrs. MCCARTHY and Mr. LIPINSKI. CASE, and Mr. KILDEE. ious ethnic groups for cancer prevention and H.R. 562: Mr. WEXLER. H.R. 1186: Mr. BURTON of Indiana, Mr. FER- early detection efforts, and for other pur- H.R. 575: Mr. BURTON of Indiana, Mr. GUSON, and Mr. CHOCOLA. poses; to the Committee on Armed Services. GRIJALVA, and Mr. CROWLEY. H.R. 1188: Mr. PLATTS. By Mr. COX (for himself, Mr. LANTOS, H.R. 602: Mr. TANNER, Mr. BACA, and Mr. H.R. 1191: Mr. SAXTON. Mr. MCCOTTER, Mr. WOLF, Mr. ACKER- SCOTT of Virginia. H.R. 1201: Mr. LEWIS of Georgia. MAN, Mr. FALEOMAVAEGA, Mr. BER- H.R. 653: Mr. MELANCON. H.R. 1204: Mr. MILLER of North Carolina, MAN, Mr. BURTON of Indiana, Ms. H.R. 662: Ms. LEE, Mr. OWENS, Mr. BRADY of Mr. TAYLOR of Mississippi, Mrs. TAUSCHER, WATSON, Mr. DAVIS of Illinois, and Pennsylvania, Mr. DAVIS of Illinois, Mr. JEF- Mrs. LOWEY, Mr. COSTELLO, Mr. GEORGE MIL- Mr. CANNON): FERSON, Mr. GRIJALVA, Ms. WATERS, Ms. KIL- LER of California, Ms. MILLENDER-MCDON- H. Con. Res. 143. Concurrent resolution ex- PATRICK of Michigan, Mr. WYNN, Mr. MEEKS ALD, Mr. BOSWELL, Mr. STRICKLAND, Mr. pressing the sense of Congress that the con- of New York, Mr. ABERCROMBIE, Mr. GON- HOYER, Ms. CORRINE BROWN of Florida, Mr. tinued participation of the Russian Federa- ZALEZ, Ms. MILLENDER-MCDONALD, Mr. CARDIN, Mr. RYAN of Ohio, Mr. DELAHUNT, tion in the Group of 8 nations should be con- THOMPSON of Mississippi, Mr. PAYNE, Mr. Mr. MEEHAN, Mr. BRADY of Pennsylvania, ditioned on the Russian Government volun- CUMMINGS, and Ms. NORTON. Ms. MATSUI, Ms. CARSON, and Mr. MEEKS of tarily accepting and adhering to the norms H.R. 699: Mr. FILNER, Mr. BROWN of South New York. ´ and standards of democracy; to the Com- Carolina, Mr. KIND, Ms. LINDA T. SANCHEZ of H.R. 1216: Mr. KUHL of New York, mittee on International Relations. California, Mr. LEWIS of Georgia, Mr. YOUNG H.R. 11217: Mr. WU. By Mr. CONYERS: of Florida, and Mr. GILCHREST. H.R. 1226: Mr. FEENEY and Mr. NEY. H. Res. 253. A resolution raising a question H.R. 700: Mr. KILDEE. H.R. 1227: Mr. WICKER, Ms. BERKLEY, Mrs. of the privileges of the House. H.R. 712: Mr. BEAUPREZ and Mr. VAN MCCARTHY, and Mr. WATT. By Mr. SAXTON (for himself, Mr. HOLLEN. H.R. 1241: Mr. PASCRELL. H.R. 731: Mr. ABERCROMBIE. HAYES, Mr. MILLER of Florida, Mr. H.R. 1258: Mr. EHLERS. H.R. 758: Mr. MOORE of Kansas. AKIN, Mr. ANDREWS, Mr. HOSTETTLER, H.R. 1266: Mr. BEAUPREZ. H.R. 764: Mr. PRICE of Georgia. Mr. MEEHAN, Mr. MARSHALL, Mr. H.R. 1282: Mr. PALLONE. H.R. 766: Mrs. MYRICK. ROWLEY BERCROMBIE LOBIONDO, Mr. HEFLEY, Mr. KLINE, H.R. 1306: Mr. C , Mr. A , H.R. 800: Mrs. NORTHUP, Mr. OSBORNE, Mr. ALDWIN ERRY ONILLA Mr. WILSON of South Carolina, and Ms. B , Mr. T , Mr. B , and TOM DAVIS of Virginia, Mr. ISTOOK, Mr. ILLER Mr. MCINTYRE): Mr. M of Florida. HYDE, Mr. LUCAS, Ms. ROS-LEHTINEN, Mr. H. Res. 256. A resolution expressing the H.R. 1314: Mr. KANJORSKI. RYAN of Wisconsin, and Mr. WELDON of Penn- sense of the House of Representatives in re- H.R. 1329: Mr. STARK. sylvania. membrance of the brave servicemen who per- H.R. 1337: Mr. TIAHRT, Mr. NORWOOD, Mrs. H.R. 807: Ms. BORDALLO, Ms. CORRINE ished in the disastrous April 24, 1980, rescue DRAKE, Mr. UPTON, and Mr. RYUN of Kansas. BROWN of Florida, Mr. GUTIERREZ, Mr. attempt of the American hostages in Iran; to H.R. 1363: Mr. COBLE. KUCINICH, Mr. KIND, Mr. FARR, Mr. DEFAZIO, the Committee on Armed Services. H.R. 1365: Mr. KANJORSKI, Ms. CORRINE Ms. LEE, Ms. MCCOLLUM of Minnesota, Mr. BROWN of Florida, Ms. JACKSON-LEE of Texas, f HONDA, and Mr. JACKSON of Illinois. Mr. LEWIS of Georgia, Mr. EMANUEL, and Mr. H.R. 809: Mrs. MYRICK, Mrs. CUBIN, Mr. FORD. ADDITIONAL SPONSORS MCHENRY, Mr. FLAKE, Mr. BOEHLERT, and H.R. 1366: Ms. GINNEY BROWN-WAITE of Under clause 7 of rule XII, sponsors Mr. WICKER. Florida. were added to public bills and resolu- H.R. 817: Mr. EVANS, Mr. CARDIN, Mr. HYDE, H.R. 1378: Mr. SKELTON. tions as follows: Mr. ISSA, Mr. BAIRD, Mr. DANIEL E. LUNGREN H.R. 1380: Mr. BISHOP of Utah. of California, and Mrs. NORTHUP. H.R. 1405: Mr. SANDERS. H.R. 22: Mr. NEAL of Massachusetts, Mr. H.R. 827: Mr. FERGUSON, Mr. HAYWORTH, H.R. 1409: Mr. SULLIVAN. LATHAM, and Mr. MCGOVERN. and Mr. RAMSTAD. H.R. 1425: Mr. FRANK of Massachusetts. H.R. 23: Mr. DOYLE, Mr. TIERNEY, Mr. H.R. 846: Mr. FARR. H.R. 1438: Mr. HAYWORTH. CROWLEY, Mr. SIMMONS, Ms. SOLIS, and Ms. H.R. 869: Mr. PITTS, Mr. NADLER, Mr. MOL- H.R. 1445: Mr. MCCAUL of Texas. WASSERMAN SCHULTZ. LOHAN, Mr. WEXLER, and Mr. MCGOVERN. H.R. 1474: Ms. KAPTUR, Mr. SIMMONS, Mr. H.R. 25: Mr. KELLER and Mr. LEWIS of Cali- H.R. 880: Mr. OWENS. LARSON of Connecticut, Mr. OWENS, Mr. HIG- fornia. H.R. 896: Mr. PLATTS. GINS, and Ms. BORDALLO. H.R. 34: Mr. INGLIS of South Carolina, Mr. H.R. 913: Mr. HERGER, Mrs. MUSGRAVE, and H.R. 1480: Mr. SERRANO, Mr. EVANS, Mr. SCOTT of Georgia, and Mr. LIPINSKI. Mr. POMBO. WU, and Mr. FRANK of Massachusetts. H.R. 97: Mr. SIMMONS. H.R. 916: Mr. PASCRELL, Mr. GILCHREST, H.R. 1499: Mr. MORAN of Kansas, Mr. H.R. 98: Mr. PEARCE and Mr. BLUNT. Mr. BEAUPREZ, Mr. BACHUS, Mr. RAMSTAD, HAYWORTH, Ms. GINNY BROWN-WAITE of Flor- H.R. 136: Mr. HAYWORTH, Mr. ROHRABACHER, Mr. BRADLEY of New Hampshire, Mr. BISHOP ida, Mr. BARRETT of South Carolina, and Mr. and Mr. STEARNS. of Utah, Mrs. CAPITO, Mr. INSLEE, Mr. CONAWAY. H.R. 181: Mrs. MUSGRAVE and Mrs. CAPUANO, Mr. TOM DAVIS of Virginia, Ms. H.R. 1505: Mr. TURNER and Mr. SHAW. NORTHUP. SLAUGHTER, Mr. KENNEDY of Rhode Island, H.R. 1511: Mr. GOODE. H.R. 196: Mrs. MUSGRAVE. and Mr. LUCAS. H.R. 1522: Mr. WEXLER. H.R. 216: Mr. FERGUSON. H.R. 917: Mr. BRADLEY of New Hampshire. H.R. 1545: Mr. NORWOOD. H.R. 282: Mr. FORD, Mr. WAMP, Mr. UDALL H.R. 939: Mr. BROWN of Ohio. H.R. 1554: Mrs. MILLER of Michigan. of Colorado, Mr. PETERSON of Pennsylvania, H.R. 940: Mr. BILIRAKIS. H.R. 1578: Mr. BACHUS, Mr. JONES of North Mr. CARDIN, Mr. REICHERT, Mr. BOYD, Mr. H.R. 997: Mr. BARRETT of South Carolina, Carolina, and Mr. ISTOOK. SKELTON, Mr. BOREN, Mr. PASCRELL, Mrs. Mr. DEAL of Georgia, Mrs. BIGGERT, Mr. H.R. 1580: Mr. LANTOS, Mr. OWENS, and Ms. NAPOLITANO, Mr. MARSHALL, Mr. HASTINGS of MCCRERY, and Mr. BISHOP of Utah. WATSON. Washington, Mr. HENSARLING, and Mr. INS- H.R. 1018: Mr. ENGEL, Mr. OWENS, Mr. H.R. 1588: Mr. LARSEN of Washington, Mr. LEE. MCDERMOTT, and Mr. FRANK of Massachu- CARDOZA, Ms. SOLIS, Mr. WEXLER, Mr. H.R. 284: Mr. EMANUEL. setts. MENENDEZ, Ms. ZOE LOFGREN of California, H.R. 303: Ms. SCHAKOWSKY and Mr. MACK. H.R. 1043: Mr. NORWOOD and Mr. VAN Mr. PRICE of North Carolina, and Mrs. CAPPS. H.R. 354: Mr. CARDIN. HOLLEN. H.R. 1616: Mr. TAYLOR of North Carolina H.R. 371: Mr. OXLEY, Mr. MCINTYRE, and H.R. 1049: Mr. GALLEGLY. and Mrs. EMERSON. Mr. SHAW. H.R. 1070: Mr. DEAL of Georgia. H.R. 1620: Mr. OWENS. H.R. 376: Mr. SERRANO. H.R. 1106: Mr. LEWIS of Georgia, Ms. BALD- H.R. 1632: Mr. BOREN and Mr. SHAW. H.R. 389: Mr. HIGGINS and Ms. WASSERMAN WIN, Ms. CORRINE BROWN of Florida, and Mr. H.R. 1633: Mr. CULBERSON. SCHULTZ. LANGEVIN. H.R. 1635: Mr. OSBORNE, Mr. UPTON, and Mr. H.R. 404: Mr. FEENEY. H.R. 1108: Mrs. MCCARTHY, Mr. ROGERS of LIPINSKI. H.R. 406: Mr. FEENEY. Alabama, Mrs. MALONEY, Mr. GUTIERREZ, Mr. H.R. 1637: Mr. BROWN of Ohio, Ms. LEE, Ms. H.R. 438: Ms. LORETTA SANCHEZ of Cali- BERRY, Mr. HINCHEY, Mr. DICKS, Mr. MEEHAN, BERKLEY, Mr. GRIJALVA, and Mr. LIPINSKI. fornia, Mr. BERMAN, Mrs. NAPOLITANO, Ms. and Mr. TIERNEY. H.R. 1639: Ms. SOLIS and Mr. HOLT.

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H.R. 1649: Mr. FERGUSON. H.J. Res. 44: Mr. HYDE and Ms. LORETTA WILSON of South Carolina, Mr. BARRETT of H.R. 1651: Mr. REYES. SANCHEZ of California. South Carolina, Mr. PRICE of Georgia, and H.R. 1671: Mr. CONYERS, Mr. JONES of North H. Con. Res. 24: Ms. PELOSI. Mr. SOUDER. H. Con. Res. 40: Mrs. CAPITO. Carolina, Mr. GILLMOR, Mr. BOEHLERT, and H. Res. 175: Mr. PALLONE. Mr. MANZULLO. H. Con. Res. 44: Mr. RANGEL, Mr. PAYNE, H. Res. 212: Ms. NORTON, Mr. SANDERS, Mr. H.R. 1688: Mr. STARK. Mr. MENENDEZ, Mr. GENE GREEN of Texas, CUNNINGHAM, and Mr. DAVIS of Kentucky. H.R. 1690: Mr. KILDEE. and Mr. AL GREEN of Texas. H.R. 1696: Mr. MORAN of Virginia, Mr. PE- H. Con. Res. 71: Ms. SLAUGHTER. H. Res. 218: Mr. KIND, Mr. PRICE of Georgia, TERSON of Minnesota, Mr. SKELTON, Mr. H. Con. Res. 90: Mrs. LOWEY, Mr. LEWIS of Mr. JINDAL, Mr. HOEKSTRA, Mr. HAYWORTH, JACKSON of Illinois, Mr. BLUMENAUER, Mr. Georgia, Mr. CAPUANO, Mr. UDALL of New Mr. GREEN of Wisconsin, Mr. BOOZMAN, and TOWNS, and Mr. FILNER. Mexico, and Mrs. BIGGERT. Mr. CASE. H. Con. Res. 99: Ms. JACKSON-LEE of Texas. H.R. 1741: Mr. CAMP. H. Res. 233: Mr. KINGSTON, Mr. PALLONE, H. Con. Res. 106: Mr. UPTON and Mr. VAN H.R. 1746: Mr. MILLER of Florida. and Mr. POE. HOLLEN. H.R. 1773: Mr. PETERSON of Minnesota. H. Con. Res. 108: Mr. HINCHEY, Mr. MILLER H. Res. 245: Mr. TOWNS, Mr. DAVIS of Illi- H.R. 1816: Mr. WILSON of South Carolina. of North Carolina, Mr. LEWIS of Georgia, Mr. nois, Mr. DICKS, Mr. HOLDEN, Ms. BORDALLO, H.R. 1870: Ms. GINNY BROWN-WAITE of Flor- WATT, and Mr. CARDOZA. Mr. MORAN of Virginia, Mr. RYAN of Ohio, ida. H. Con. Res. 123: Mr. PALLONE. Mr. ROSS, and Mr. ETHERIDGE. H.R. 1872: Mr. SHAW. H. Con. Res. 127: Mr. FARR. H. Res. 250: Mr. TOWNS and Mr. WAXMAN. H.R. 1898: Mr. GALLEGLY, Mr. SHADEGG, and H. Con. Res. 131: Mr. ENGLISH of Pennsyl- Mr. SESSIONS. vania. f H.R. 1955: Mr. UDALL of Colorado and Ms. H. Con. Res. 132: Ms. GINNY BROWN-WAITE JACKSON-LEE of Texas. of Florida. H.R. 1973: Mr. SCHWARZ of Michigan. H. Res. 76: Ms. NORTON, Ms. CORRINE BROWN DELETIONS OF SPONSORS FROM H.R. 1985: Mr. MILLER of Florida. of Florida, Mr. MORAN of Virginia, Mrs. PUBLIC BILLS AND RESOLUTIONS H.R. 2000: Mr. FILNER. CHRISTENSEN, Mr. RAHALL, and Mr. CONYERS. H.J. Res. 6: Mr. GOODE. H. Res. 84: Mrs. EMERSON. Under clause 7 of rule XII, sponsors H.J. Res. 10: Mr. PETERSON of Pennsyl- H. Res. 85: Mr. SHAW. were deleted from public bills and reso- vania, Mr. SODREL, Mr. REYES, and Mr. H. Res. 90: Mr. WEXLER. lutions as follows: SHIMKUS. H. Res. 168: Mr. TAYLOR of North Carolina, H.J. Res. 38: Mr. SMITH of New Jersey. Mrs. NORTHUP, Mr. BURTON of Indiana, Mr. H.R. 513: Mr. MCNULTY.

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A PROCLAMATION IN MEMORY OF ment have been of great benefit to my staff, mination of 20 years of honorable and dedi- JAMES M. FELTIS III the U.S. Congress and our national security. cated Marine Corps service. Lieutenant Colonel Barth ensured that the In closing, Mr. Speaker, I join my colleagues HON. ROBERT W. NEY U.S. Congress had the information necessary in the House and on the Appropriations Com- OF OHIO to determine how to best equip, maintain and mittee in wishing Lieutenant Colonel John support the United States Marine Corps, Barth, his wife Michele, and their wonderful IN THE HOUSE OF REPRESENTATIVES America’s force-in-readiness. These important family continued success in their future en- Tuesday, May 3, 2005 programs include the MV–22, Joint Strike deavors. Many thanks, and Semper Fidelis, Mr. NEY. Mr. Speaker: Fighter (JSF), Expeditionary Fighting Vehicle Lieutenant Colonel Barth. Our Nation has ben- Whereas, I hereby offer my heartfelt condo- (EFV), Lightweight 155 Howitzer (LW–155), efited from your outstanding leadership. lences to the family, friends, and fellow offi- Maritime Prepositioned Force (Future), f cers of James M. Feltis III; and LHA(R), LPD–17, initial issue of gear for the ANNOTATION TO SPECIAL ORDER Whereas, James M. Feltis III was a man individual Marine, and critical equipment re- OF APRIL 28, 2005 ON AMERICA’S committed to his family, a devoted husband to quired for the Global War on Terrorism. RICE FARMERS his wife of 21 years, and loving father to his Lieutenant Colonel Barth’s uncompromising six-year-old daughter; and professionalism and interpersonal skills have Whereas, James M. Feltis III was a member provided a great service to the Congress. He HON. TED POE of St. Mary Catholic Church, the Fraternal has helped ensure that the Congress has the OF TEXAS Order of Police, and the Federal Law Enforce- proper information about Marine Corps re- IN THE HOUSE OF REPRESENTATIVES ment Officers Association; and quirements and issues at the right time to Tuesday, May 3, 2005 Whereas, James M. Feltis III had been a make critical decisions about the future of the Mr. POE. Mr. Speaker, please annotate that field training officer, a criminal investigator, Marine Corps. His responses to numerous in my Special Order of 28 April 2005 on Amer- and a member of the HAZMAT Response congressional inquiries made by House and ica’s rice farmers, the profiles highlighting the Team through his 11 years of service with the Senate Members have always been timely, farming legacies of the two Texas rice farm- Pentagon Police Department; and accurate, and professional. ers—Mr. Ray Stoesser and Mr. Jack Wendt— Whereas, James M. Feltis III will be remem- Mr. Speaker, I have personally known Lieu- were derived from Texas A&M University Sys- bered for his ultimate sacrifice of self while tenant Colonel Barth to possess an unques- tem Agricultural Research and Extension Cen- protecting others, earning the Office of the tionable devotion to duty, impeccable integrity, ter (Beaumont, TX)’s Texas Rice Newsletter in Secretary of Defense Medal of Valor. His ex- absolute sound character, and an exceptional the July 2002, Volume II, Number 5 and June ample of strength and courage will be forever sense of humor. He is a true consummate 2003, Volume III, Number 4 editions, respec- remembered by those who knew him. professional. His judicious use of these traits tively. Moreover, Mr. Wendt’s letter to Presi- Therefore, while I understand how words has allowed him to handle even the most deli- dent George W. Bush appeared in a Special cannot express our grief at this most trying of cate situations with what appears to be rel- Guest Editorial published in the March 2005, times, I offer this token of profound sympathy ative ease. Volume V, Number 1 edition of the aforemen- to the family, friends, and colleagues of James On a more personal note, I wish to highly tioned newsletter. M. Feltis III. commend Lieutenant Colonel Barth for his un- Thank you for your attention to this informa- wavering devotion to the injured and wounded f tion. Marines returning from our current combat op- TRIBUTE TO LT. COL. JOHN D. erations overseas. On many occasions over f BARTH, UNITED STATES MARINE the last several years, my wife Beverly and I TRIBUTE TO JOSEPH ANTHONY CORPS have enlisted Lieutenant Colonel Barth’s as- CITTA sistance in addressing the needs of our Ma- HON. C. W. BILL YOUNG rines and their families at the National Naval HON. JIM SAXTON Medical Center in Bethesda and other hos- OF FLORIDA OF NEW JERSERY pitals. Lieutenant Colonel Barth has not only IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES addressed the needs and concerns of the Ma- Tuesday, May 3, 2005 rines and their families promptly, but he has Tuesday, May 3, 2005 Mr. YOUNG of Florida. Mr. Speaker, it is my gone beyond the call of duty by personally vis- Mr. SAXTON. Mr. Speaker, I rise today to pleasure and privilege to rise today and recog- iting these young Marines, building personal pay tribute to Joseph Anthony Citta who is re- nize an outstanding Marine, Lieutenant Colo- relationships, offering counsel and other words tiring at the age of 97 after almost a century nel John D. Barth, who will retire this summer of encouragement and advice, and providing of life lived to its fullest. after 20 years of active service in the United true Marine leadership to these young men An attorney in Toms River, New Jersey, Joe States Marine Corps. During the past three otherwise facing daunting personal challenges. was admitted to the New Jersey Bar in 1934. and one-half years, a time of great importance Through his exceptional personal efforts, After his induction into the U. S. Army in 1941, to the Marine Corps as we are a Nation at Lieutenant Colonel Barth has contributed im- he was discharged as a Major in 1946, fol- war, he has served admirably as the Marine measurably to the Marine Corps, helping to lowing duty in Germany with the War Crimes Corps primary liaison to Congress for Appro- ensure the strength and vitality of the Navy/ Section. priation Matters. Marine Corps team for years to come. In Returning to Toms River with his wife and Many of my colleagues and their staffs have doing so, he has gone beyond his own service children, he built his law practice, Citta, come to know Lieutenant Colonel Barth as an and positively impacted our Nation’s defense. Holzapfel, Azbarsky and Simon, of which he is exceptional spokesman for the United States Lieutenant Colonel Barth has made a lasting CEO today. Marine Corps. He has earned the complete contribution to the capability of today’s Marine He has served on the State Veterans Serv- confidence of the Members and staff of the Corps and the future shape of tomorrow’s ice Council, having been appointed by Gov- House Appropriations Defense Subcommittee, Corps. ernor Driscoll. Joe Citta was appointed as first which I have the honor to chair, and the per- It has been a distinct pleasure to work Public Defender in Ocean County, and is a sonal staff of Committee Members. closely with Lieutenant Colonel Barth over the member of the Ocean County Bar Association, His straightforward approach and complete past three and one-half years. His insights the New Jersey Bar Association and the grasp of all facets concerning expeditionary have always been invaluable. He has set a American Bar Association. warfare and program management, coupled high standard for others to emulate. His supe- Joe has served as President of many com- with his gifted leadership and superb manage- rior performance of duties highlighted the cul- munity organizations, among them the Toms

∑ 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 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.001 E03PT1 E842 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2005 River Athletic Association, the Board of Edu- It must be our goal to remind the Congress, one of Sacramento’s most outstanding citizen cation of Toms River, the Ocean County Bar remind the country, and remind the world that leaders. Association, the Toms River Rotary Club, the the Genocide happened. It is a historical fact, Mr. Johnson earned his bachelor’s degree Ocean County Council Boy Scouts of America, and we will never forget. in international relations and psychology from and Toms River Chamber of Commerce. He The United States should affirm the geno- Brigham Young University, and a master’s de- was named Ocean County College (OCC) cide once and for all for so many reasons. But gree in healthcare administration from the Uni- Foundation’s Humanitarian of the Year twice, one of the most important reasons is so that versity of Minnesota. Upon completion of his and also twice received the OCC Distin- we prevent atrocities from happening in the fu- education, Mr. Johnson served for 13 years in guished Service Award. ture. leadership roles at Intermountain Healthcare in His benevolent acts in the community If we’re ever going to prevent genocides in Salt Lake City, Utah. through the Citta Foundation are legendary. the future, the world has to admit to the past. Prior to assuming his current position as His significant contributions through the Foun- When genocides happen, we have to con- president and chief executive officer of Sutter dation are directed at the betterment of edu- demn them for what they are. Health in 1995, Mr. Johnson served as senior cation and life in Dover Township, which he The quote from Adolf Hitler, in justifying his vice president and chief operating officer for has called home for so many years. evil acts, says it all—‘‘who remembers today Sutter’s acute and non-acute facilities as well I am pleased to congratulate my friend, Jo- the extermination of the Armenians?’’ as services and physician organizations in the seph A. Citta, on his retirement, and to extend Well, as Co-Chair of the Congressional Sacramento, Placer and Yolo County region. the gratitude of the community for his gen- Caucus on Armenian Issues, I’m here today to Under his exemplary and innovative leader- erosity and support during a lifetime of serv- answer that question. We remember. And we’ll ship, Sutter Health has built or replaced more ice. never forget. than a dozen hospitals and major patient care f And we’re not alone by a long shot. In fact, centers, and has introduced hundreds of new 37 States in this country have formally recog- patient services. Mr. Johnson’s commitment A PROCLAMATION IN MEMORY OF nized the Armenian Genocide. I think that’s a and dedication culminated in an initiative worth GEORGE TOZZI, SR. strong statement about the level of support in over 5 billion dollars to rebuild, replace, and this country for recognizing the Genocide. expand much of Northern California’s health HON. ROBERT W. NEY And of course the Congressional Caucus on care infrastructure. In just the past five years, OF OHIO Armenian Issues is fully committed to this Sutter Health has invested well over 1 billion IN THE HOUSE OF REPRESENTATIVES cause. On April 24th of every year, the Presi- dollars in services for the poor and in pro- dent is required to issue a statement on the grams and services that benefit local commu- Tuesday, May 3, 2005 Armenian Genocide. Recently, 178 Members nities. Mr. NEY. Mr. Speaker: of the House of Representatives, and 32 Sen- Mr. Johnson has also long been active with Whereas, I hereby offer my heartfelt condo- ators sent letters to the President urging him community-based organizations. In 2001, the lences to the family, friends, and community of to use the word ‘‘genocide’’ in this year’s Sacramento division of the Boy Scouts of George Tozzi, Sr.; and statement. America recognized him as ‘‘Man of the Year,’’ Whereas, George Tozzi, Sr. was a retired We will continue our efforts here in Con- and the United Cerebral Palsy Association meat cutter with Kroger company, the former gress and use all the means at our disposal. named him ‘‘Humanitarian of the Year.’’ In owner of the Tee-Pee in West Bellaire, and Some dispute the charge against the Otto- 2002, he received the prestigious National former owner of Phillip’s Trailer Court; and mans, but let me make my feelings clear; the Healthcare Award from B’nai B’rith Inter- Whereas, George Tozzi, Sr. was a member Armenian Genocide happened, and it is the national, one of the world’s oldest and largest of St. Mary’s Catholic Church in St. Clairsville, duty and responsibility of the United States organizations focused on human rights, com- the Knights of Columbus, Board of Directors and this Congress to affirm that. I rise today, munity action, and humanitarian causes. for A Special Wish Foundation, former mem- to reaffirm my position; it is time the United In addition to his duties as president and ber of the Bellaire Civil Service Commission, States Congress does the same. CEO of Sutter Health in Northern California, and American Legion Post 52 of Bellaire; and f he is currently board chairperson for the Inte- Whereas, George Tozzi, Sr. bravely de- grated Healthcare Council of California and an fended our country for four years aboard the PERSONAL EXPLANATION advisory council member for the University of U.S.S. Nashville in the Pacific Theater of California-Davis Graduate School of Business. World War II; and HON. GINNY BROWN-WAITE He also serves on the boards of the Sac- Whereas, the understanding and caring to OF FLORIDA ramento Regional Foundation and the North- which he gave to others will stand as a monu- IN THE HOUSE OF REPRESENTATIVES ern California chapter of the March of Dimes. ment to a truly fine person. His life and exam- Mr. Speaker, as Van Johnson’s friends, Tuesday, May 3, 2005 ple inspired all who knew him. family, and colleagues gather to celebrate his Therefore, while I understand how words Ms. GINNY BROWN-WAITE of Florida. Mr. great career, I am honored to pay tribute to cannot express our grief at this most trying of Speaker, on April 27, 2005, I was out of the one of Sacramento’s most honorable citizens. times, I offer this token of profound sympathy office and was unable to vote. Had I been Mr. Johnson’s continued leadership is a true to the family, friends, and colleagues of present I would have voted: testament to public service. If a template for George Tozzi, Sr. H.R. 748, On Agreeing to the Scott Amend- commitment to healthcare could be made, it f ment—‘‘No’’. would surely bear the resemblance of Van R. f Johnson. Although his time at Sutter Health IN RECOGNITION OF THE 90TH AN- may soon be complete, his involvement in NIVERSARY OF THE ARMENIAN TRIBUTE TO VAN JOHNSON community service is, fortunately for us, far GENOCIDE from over. I ask all of my colleagues to join HON. DORIS O. MATSUI with me in wishing Mr. Van Johnson continued HON. JOE KNOLLENBERG OF CALIFORNIA success in all his future endeavors. OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Tuesday, May 3, 2005 A PROCLAMATION IN MEMORY OF Tuesday, May 3, 2005 Ms. MATSUI. Mr. Speaker, today I rise in NATALIE J. VANNELLE Mr. KNOLLENBERG. Mr. Speaker, I rise tribute to a man with a truly distinguished ca- today to recognize the 90th Anniversary of the reer in the healthcare community. To say that HON. ROBERT W. NEY Armenian Genocide. Van Johnson has made a permanent mark in OF OHIO April 24th, of every year, marks the anniver- the healthcare field would only begin to skim IN THE HOUSE OF REPRESENTATIVES sary of the Armenian Genocide. Ninety years the surface of the many wonderful contribu- ago, 1.5 million innocent Armenians were tions that he has made as a leader in the Tuesday, May 3, 2005 killed at the hands of the Ottoman Empire. healthcare industry and in his own community. Mr. NEY. Mr. Speaker: This, the first genocide of the 20th century, As his family, friends, and colleagues gather Whereas, I hereby offer my heartfelt condo- must be remembered, acknowledged, and to celebrate Mr. Johnson’s illustrious career, I lences to the family and friends of Natalie J. continuously reaffirmed. ask all my colleagues to join me in saluting Vannelle; and

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.005 E03PT1 May 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E843 Whereas, Mrs. Vannelle was a loving sister, A TRIBUTE TO VERMONT JOHNSON VERMONT’S COMMUNITY ACTION wife to her husband, Frank, mother to their PROGRAMS: FORTY YEARS OF four children, and grandmother to their grand- SUSTAINING COMMUNITY children and great-grandchildren; and HON. DAVID R. OBEY OF WISCONSIN Whereas, Mrs. Vannelle was a member of HON. BERNARD SANDERS the St. John Catholic Church in Bellaire, Ohio; IN THE HOUSE OF REPRESENTATIVES OF VERMONT IN THE HOUSE OF REPRESENTATIVES and Tuesday, May 3, 2005 Tuesday, May 3, 2005 Whereas, Mrs. Vannelle will certainly be re- Mr. OBEY. Mr. Speaker, I rise today to pay membered by all those who knew her because Mr. SANDERS. Mr. Speaker, in Vermont we tribute to Mr. Vermont Johnson of Bayfield of her loving nature towards her family, are celebrating the fortieth anniversary of the Wisconsin, who recently retired after nearly friends, and community; and Community Action Programs which have twenty years as an Advisor to the Great Lakes transformed the lives of thousands and thou- Whereas, the understanding and caring to Fishery Commission. Mr. Johnson represented sands of people in our state. These CAP which she gave to others will stand as a the sport fishing interests on that Committee agencies provide citizens with assistance: the monument to a truly fine person. Her life and and worked tirelessly to support measures that young and the elderly, rural residents and love gave joy to all who knew her. protect and improve the Great Lakes fishery. urban residents, homeowners and renters and Therefore, while I understand how words The Commission’s Committee of Advisors the homeless, those with jobs and those with- cannot express our grief at this most trying of was established under the 1955 Great Lakes out. These are not programs created to give times, I offer this token of profound sympathy Fisheries Act. The Committee is charged with handouts; instead, they work to develop com- to the family and friends of Natalie J. advising the Commission about all fishery mat- prehensive approaches to addressing the root Vannelle. ters relating to fish stocks shared by Canada causes of poverty, and to alleviating the con- and the United States and is also an avenue sequences of poverty. Nor are they spinoffs of f for citizens to be heard on issues that concern some far-distant Washington bureaucracy: the them. Representatives on the Committee CAP agencies are locally staffed and their pro- TRIBUTE TO FALLEN HEROES OF speak for the sport fishery, the commercial grams result from collaborative efforts with the THE KENTUCKY FRATERNAL fishery, the public-at-large, and State agen- lower-income people they are meant to serve. ORDER OF POLICE cies. Vermont’s Community Action Programs are Mr. Johnson has a lifetime of experience community-based networks for social and eco- with the Great Lakes and has a deep knowl- nomic development. There are five of them: HON. BEN CHANDLER edge of the matters relating to the resource. Southeast Vermont Community Action As a motel owner, he certainly appreciated (SEVCA), Central Vermont Community Action OF KENTUCKY how the Great Lakes and their fisheries lured Council (CVCAC), Community Action in South- IN THE HOUSE OF REPRESENTATIVES tourists. During his tenure on the Committee western Vermont (BROC), Northeast Kingdom of Advisors, Mr. Johnson took on a number of Community Action Agency (NEKCA) and Tuesday, May 3, 2005 issues of vast importance to the Great Lakes, Champlain Valley Office of Economic Oppor- and although he technically represented the tunity (CVOEO). Nearly 3,000 individuals (in Mr. CHANDLER. Mr. Speaker, with great 1165 families) were provided services through honor I rise today to pay tribute to the fallen sportfishing concerns of the Lake Superior wa- ters of Wisconsin, his contributions to the the SEVCA’s Community Services department heroes of the Kentucky Fraternal Order of Po- Committee had a basinwide impact. He was, last year. NEKCA serves more than 6,000 lice. We are the beneficiaries of their bravery by all accounts, an integral member of the moderate-to-low income families. Over 8,000 and sacrifice. We will always be indebted to Committee, providing leadership on issues individuals obtained early childhood education, these men and women who sacrifice daily to ranging from the rehabilitation of native spe- crisis fuel assistance, meals, and household protect our communities and ensure our safe- cies to the effect of underwater log salvage on insulation through CVCAC. CVOEO provides a ty. Their commitment to this country inspires fish habitat. He regularly attended and led wide variety of vital services to approximately future generations and stands as a powerful meetings—often at great distance from home 8,000 households (just over 19,000 individ- symbol of what draws us together as Ameri- and at his own expense—and interacted with uals) every year. cans. I want to commend them for setting interests throughout the Great Lakes region. But numbers alone, as impressive as they such a fine example of what it means to live are, do not tell the whole story. From child Mr. Johnson grew up in Bayfield, Wisconsin, care to fuel assistance in cold weather, the a life of duty and honor. on the shores of Lake Superior. After , attend- CAP agencies are always there when people In these difficult times of fighting terror ing the University of Wisconsin, he enlisted in have needs. CAP agencies not only help hard- abroad, it is important to remember and thank the U.S. Coast Guard and served as Chief pressed families find food, they support family those who keep us safe at home. Every day Boatswain’s Mate aboard the Coast Guard farms through the Farm to Family coupon re- police officers put their lives on the line to pro- buoy tender Balsam in the Pacific—which I am demption program. They help retrain workers tect the freedoms we often take for granted. told is the only vessel of its type to sink a Jap- who have lost their jobs, and they provide a anese submarine during World War II. After Every day police officers work so America’s sound basis for a lifetime of learning through his service, he returned to Wisconsin, earned children will always know what it means to be Head Start. They run micro-business develop- a degree in school administration, and served free. ment programs—and help citizens with their as a school superintendent for 35 years in At a minimum, Mr. Speaker, we must al- tax returns. several districts, as well as continuing on in In SEVCA’s building there is a wonderful ways remember to give police officers the re- the Coast Guard Auxiliary. sources they need to do their jobs to the best version of the Washington mural of men wait- of their ability. Shortchanging our police de- Mr. Johnson and his wife Harriett, who have ing in a breadline in the 1930’s, a reminder been married for more than 60 years, continue partments does more than hurt the officers, it that economic need is—unhappily—always to reside in Bayfield. He is an active leader in hurts our entire country. And we must do more among us. That mural reminds us too of his community, helping to enlarge his church than fund our police departments—we must Franklin Roosevelt’s eloquent words, which and leading the building committee of the also be advocates for their service so all citi- are painted on the mural itself: ‘‘The test of Bayfield Heritage Association. In fact, he re- our progress is not whether we add more to zens know of their honor and courage, and mains involved in almost every civic activity in sometimes ultimate sacrifice. the abundance of those who have much, it is Bayfield. whether we provide enough for those who I am extraordinarily grateful to the men and For twenty years, Mr. Johnson—and usually have little.’’ Those words ring, today, with women of Kentucky’s Fraternal Order of Po- Harriett—were stalwart participants in the truth. lice. Their service, dedication and commitment meetings of the Great Lakes Fishery Commis- Too often the glowing colors of our tele- to protecting the citizens of Kentucky are vital sion and the Committee of Advisors. I am vision and the bold headlines of our news- to the future of our Commonwealth and re- happy to honor Mr. Vermont Johnson as he papers ignore the actuality of life in America: flected in all our past successes. It is my great retires from the Great Lakes Fishery Commis- that in the midst of the richest Nation in the honor to recognize these American heroes sion’s Committee of Advisors—it is a pleasure history of the world, many go hungry, or are today. to take note of his service. without health insurance, or lack adequate

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.010 E03PT1 E844 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2005 education, or search fruitlessly for decent-pay- After his professorship, Clark continued his planes.’’ Ammonium nitrate is the same chem- ing jobs. The CAP agencies of Vermont never work for children and became the first African- ical compound that Timothy McVeigh used to forget the realities in which we all live. They American to join the New York State Board of kill 168 innocent men, women and children at know that there are people who can benefit Regents, and again the first African-American the Alfred P. Murrah Federal Building in Okla- from the help of the government programs es- to serve as president of the American Psycho- homa City 10 years ago. Less than two years tablished by Roosevelt and Lyndon Johnson, logical Association. He belonged to a number ago, a young man shipped himself undetected programs begun in times when it was the pur- of other prestigious organizations including the aboard a cargo plane from New York to pose of government to serve all Americans— New York Urban Development Corporation, Texas. We were lucky he was just a lonely and not just wealthy Americans. The CAP the Society for Psychological Studies of Social twenty-something, not a terrorist. agencies, and those who work for them, do Issues, and Phi Beta Kappa. He founded Har- It is long past the time when we should much to help tens of thousands of Vermonters lem Youth Opportunities Unlimited and, with have adopted a policy that subjects cargo on live the life that should be theirs, a life free his wife Mamie Phillips, formed what became passenger and all-cargo aircraft to the same from hunger, homelessness, hopelessness the North side Center for Child Development. level of screening that is performed daily on and want. After retiring from the Board of Regents, passengers’ checked and carry-on luggage. So after 40 years of hard and extraordinarily Clark began his own consulting firm in my dis- Today, Representative CHRISTOPHER SHAYS important work by those who work for and trict, in Hastings-On-Hudson, New York. Ken- (R–CT) and I are introducing the Air Cargo Security Act to require the Secretary of Home- sustain the CAP agencies, let me say on be- neth B. Clark and Associates assists corpora- land Security to establish and begin imple- half of all the citizens of my state: Congratula- tions with racial policies, affirmative action, menting a system to inspect all the cargo tions on what you have done! All of us in and other minority hiring programs. Clark transported on passenger planes and all-cargo Vermont are richer for the community you wrote many books, including ‘‘Prejudice and carriers, so that this cargo is subject to the have built and sustained. Your Child’’ and ‘‘Dark Ghetto’’ and was same level of scrutiny as passengers’ lug- f awarded many honors for his life’s work. gage. Our legislation also. includes additional Clark dedicated his life to improving racial measures to close the cargo loophole, such A PROCLAMATION HONORING MR. equality and never abandoned his belief in the AND MRS. BOCEK as: a mandate that the Secretary of Homeland importance of equal access to education, re- Secretary establish systems to inspect cargo HON. ROBERT W. NEY gardless of race. His free thinking and stead- using equipment, technology and personnel fast commitment to this racial equality will that meet, at a minimum, the same standards OF OHIO sorely be missed. established to inspect passenger baggage; a IN THE HOUSE OF REPRESENTATIVES f requirement that the Secretary of Homeland Tuesday, May 3, 2005 INTRODUCTION OF AIR CARGO Security monitor and evaluate the research Mr. NEY. Mr. Speaker: SECURITY ACT and development of effective cargo screening Whereas, Joseph and Audrey Bocek were technologies; establishment of a system of united in marriage January 9, 1953, and are regular inspection of shipping facilities for celebrating 52 years of marriage; and HON. EDWARD J. MARKEY shipments of cargo to ensure that appropriate Whereas, Joseph and Audrey Bocek have OF MASSACHUSETTS security controls and systems are observed, dedicated their lives to each other; and IN THE HOUSE OF REPRESENTATIVES both at facilities inside the U.S. and abroad; a Whereas, Joseph and Audrey Bocek have Tuesday, May 3, 2005 directive that the Secretary of Homeland Se- curity report to Congress on the number of illustrated the love and commitment necessary Mr. MARKEY. Mr. Speaker, more than three cargo shipping facilities that have been in- to live a long and beautiful life together. and a half years after the September 11th at- Therefore, I join with the residents of To- spected, the number of facilities that have tacks, gaping loopholes in our country’s home- ronto, and the entire 18th Congressional Dis- failed to comply with security controls, and the land security continue to put Americans at risk trict of Ohio in congratulating Joseph and Au- number of agreements concluded with foreign of another devastating attack. The Department drey Bocek as they celebrate their 52nd Wed- aviation authorities to ensure that regular in- of Homeland Security’s former Inspector Gen- ding Anniversary. spections are conducted for cargo transported eral Clark Kent Ervin testified recently before f to the United States; and creation of a training the Homeland Security Subcommittee on Man- and evaluation program for cargo handlers to KENNETH B. CLARK agement, Integration, and Oversight. Mr. Ervin improve the security ensure that cargo is safe- told the Subcommittee that: ‘‘Even in the area guarded from security breaches. HON. ELIOT L. ENGEL where the most time, attention, and resources The House has voted overwhelmingly—by OF NEW YORK have been invested—aviation security—seri- votes of 278 to 146 and 347 to 47—to require ous vulnerabilities remain.’’ IN THE HOUSE OF REPRESENTATIVES 100 percent screening of cargo carried on One of our most dangerous vulnerabilities is Tuesday, May 3, 2005 passenger planes. The airline industry and the the failure to screen 100 percent of the cargo Bush Administration strenuously objected to Mr. ENGEL. Mr. Speaker, I rise today to pay that is carried on passenger planes and all- the 100 percent screening mandate, and the honor to Kenneth B. Clark, an educator and cargo aircraft. Every time we fly, we wait in Senate ultimately dropped it from the final psychologist who spent his life working to im- security lines, empty our pockets, remove our version of the Department’s FY04 appropria- prove the lives of African-American children, It shoes, walk through metal detectors, and have tions bill. Last year, the House narrowly de- is Clark’s pioneering research on the detri- our baggage inspected. We do not complain feated our 100 percent screening amendment mental effects of racial segregation in schools much—after all, we are told that this is re- after strong opposition from the airline indus- that was cited by the Supreme Court in the quired to keep our planes secure—and we ac- try. landmark 1954 ruling, Brown vs. Board of cept that. But what many people do not realize The experts who are our aviation system’s Education. is that every time commercial cargo is loaded ‘‘eyes and ears’’—namely, the pilots and flight Clark was born in the Panama Canal Zone onto the very same passenger planes or attendants who work aboard aircraft every- in 1914 and, at age 5, moved with his family placed on aircraft that transport only cargo, al- day—have endorsed the Air Cargo Security to a tenement in New York City to pursue the most none of it is ever inspected at all. Act. The Coalition of Airline Pilots Associations American Dream. Clark eventually earned his The security risk created by unscreened (CAPA), which represents 22,000 pilots at Masters degree from Howard University. Clark cargo is not just theoretical: Pan Am Flight American Airlines, Southwest, AirTran and went on to become the first African-American 103 was brought down in 1988 over other airlines, and the Association of Flight At- to earn a doctorate in psychology at Columbia Lockerbie, Scotland by a bomb contained in tendants, with its 46,000 members, have en- and also the first to hold a permanent profes- unscreened baggage, and Air India flight 182 dorsed this important legislation. Since intro- sorship at the City College of New York. While was downed in 1985 off the coast of Ireland ducing similar legislation last year, I have ad- teaching psychology at City College, Clark de- by a bomb placed in unscreened luggage. dressed the concerns of the Air Line Pilots As- veloped an interest in the effects of segrega- Uninspected freight on all-cargo carriers sociation (ALPA) by including all-cargo carriers tion on children and conducted his famous also poses a serious danger. Last summer, under the 100 percent cargo screening man- study on school segregation. This study dem- the 9/11 Commission reported that Al Qaeda date and providing for federal appropriations onstrated how racial segregation marred the operative Zacharias Moussaoui’s terrorist to implement this mandate. When I offered the development of black students and eventually plans included ‘‘buying four tons of ammonium Air Cargo Security Act as an amendment dur- influenced the landmark Supreme Court case. nitrate for bombs to be planted on cargo ing the committee mark-up of the Homeland

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.013 E03PT1 May 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E845 Security Department’s FY06 authorization bill, Americans. May is Asian Pacific American risk their lives floating in rafts in the ocean to ALPA supported my amendment. Heritage Month and a time when every Amer- reach this great land. Celebrate Asian Pacific While last year’s appropriations bill for the ican should acknowledge the important role of American Heritage Month. Department and the 9/11 reform implementa- Asian Pacific Americans in building our great f tion act included funding for cargo screening nation. R&D, additional cargo inspectors, and related The 7th Congressional District in Wash- IN RECOGNITION OF THE GREAT provisions, these measures do not go far ington State, which I represent, is home to EDUCATOR, HUMANITARIAN, AND enough. more than 78,000 Asian Americans, the larg- CIVIL RIGHTS ACTIVIST, DR. TSA currently handles the screening of est minority group in the district comprising KENNETH B. CLARK cargo carried on passenger planes by using a over 13% of the population. Today, Seattle is process it calls the ‘‘Known Shipper Program.’’ home to a rich and ethnically diverse cultural HON. CHARLES B. RANGEL The Known Shipper Program requires only pa- weave of Japanese, Asian Indian, Korean, OF NEW YORK perwork to be filed, but no screening to be Chinese, Filipino, Cambodian, Laotian, IN THE HOUSE OF REPRESENTATIVES done. Mail and packages weighing less than Hmong, Vietnamese, Pacific Islanders and Tuesday, May 3, 2005 16 ounces are not even subject to the paper- other Asian Americans. work check—they are loaded straight onto the Mr. RANGEL. Mr. Speaker, I rise today to The 1880 U.S. Census records the first resi- honor an outstanding American whose tireless plane without even a perfunctory paper check! dent of Japanese descent in the state of When it comes to freight on all-cargo carriers, work helped end segregation, raised the edu- Washington. Over the next 150 years, Asian cational expectations of generations of New inspection is the exception, not the rule—only Americans contributed to our state and nation a tiny portion is physically inspected before Yorkers, and advanced the idea of a truly inte- in many ways. In 1963, Wing Luke became grated society. My dear friend, Dr. Kenneth B. loading onboard. TSA now requires air carriers the first Chinese American elected to the Se- to conduct random inspections of cargo that Clark died on May 1, 2005 and he will be attle City Council, and today a museum is are randomly verified by TSA—but this still re- missed by all who knew him. I extend my con- named in his honor. There were other tri- sults in almost none of the cargo on pas- dolences to his family and I know I am joined umphs: Ruby Chow was the first Chinese senger planes being physically inspected for by thousands of New Yorkers, as well as American woman elected locally and Gary explosives or other dangerous materials. TSA those throughout the Nation, who benefited is unable to inform us of how many cargo in- Locke was the first Chinese American elected from his work to end the injustice of legally im- spections are performed by the air carriers be- Governor. Many Asian Americans serve today posed racial segregation and to create a soci- cause the air carriers do not have to report to in the Washington State Legislature, other ety where all could have an equal opportunity TSA the number of cargo inspections they local elected offices, key leadership roles in to succeed. conduct. civic organizations, business and industry. Kenneth B. Clark was a brilliant scholar and Some have argued that the technology to Asian American role models come from all teacher who influenced a generation of social screen 100 percent of cargo is not available. walks of life. Like other ethnic populations, scientists by his work and his example as a But there are numerous companies that are Asian Americans had to persevere against teacher at the City College of New York. He currently selling technology that is being used prejudice, racial injustice and discrimination. was also, and at heart perhaps he was even to screen cargo, including American Science When they immigrated, they worked in the moreso, an activist who sought to bring about and Engineering; L3 Security and Detection mines and Alaskan canneries, logged the for- the social change required to attain equality of Systems; and Raytheon CargoScreen. Some ests, were the first non-Native fishermen, and opportunity for African-Americans in our soci- have argued that 100 percent screening is not farmed the land. Up until World War II, Japa- ety. He inspired the vision of Dr. Martin Luther technically feasible. But countries including nese Americans supplied nearly three-quarters King, Jr. and those who led the great Civil Israel, the United Kingdom, and the Nether- of western Washington’s fruits and vegetables. Rights Movement toward a society in which lands routinely screen cargo. Moreover, Logan The war marked a turning point. Internment people would be judged, as Dr. King put it ‘‘by Airport in Massachusetts, which has been con- camps, including one near Seattle, were a the content of their character and not the color ducting a cargo screening pilot program, re- stain on America’s conscience and it took four of their skin.’’ ported in February that ‘‘100 percent of all air decades before we acknowledged the mis- Dr. Clark was committed to the achievement cargo on all types of aircraft is technically pos- take, and the suffering inflicted on thousands of an integrated society in America that would sible.’’ According to Massport, which is re- of innocent Asian Americans. We learned a lot remove the barriers to full participation by sponsible for the operation of Logan Airport, a during World War II, about the courage and blacks, but would also make whites more federal mandate to screen 100 percent of patriotism of Asian Americans, and about our aware of the benefits to be derived from par- cargo and a funding mechanism to distribute own shortcomings in letting fear overtake rea- ticipation by all based upon talent. cost among the major players involved are re- son at a time of world conflict. In a small but Dr. Clark had an impressive career of work- quired. The Air Cargo Security Act provides important way, naming a federal courthouse in ing for civil rights and education. His research this mandate and authorizes the appropria- Seattle after William Nakamura, a Japanese in the 1950s established the inherent prob- tions needed to accomplish it. American Medal of Honor winner, was a state- lems of segregated system and alerted the Some have argued that the Known Shipper ment about America being stronger because Supreme Court and the Nation to the negative Program is enough to assure the security of of Asian Americans. effects of segregation on African-American cargo. The Known Shipper Program is dan- In Seattle, we proudly celebrate Asian Pa- youth. As a member of the New York State gerously flawed and easily exploited. TSA has cific American culture and heritage, from the Board of Regents for twenty years, he contin- admitted that it has not audited most of the Vietnamese Tet in Seattle Lunar New Year ually advised elected officials on ways to so-called known shippers in its database, and celebration to other local cultural festivals. We transform and improve their school systems. packages weighing less than 16 ounces are also honor Asian Pacific Americans by pre- He was a passionate advocate for children not even subject to the Known Shipper Pro- serving the ethnic heritage of our citizens. and did not spare those who failed them. gram, even though the bomb that brought Places like the Wing Luke Asian Museum, the Dr. Clark was an exemplary American who down Pan-Am Flight 103 contained less than Seattle Asian Art Museum, the Filipino Amer- worked to improve the life of all persons in 16 ounces of explosive! ican National Historical Society, and Densho: America. I knew him as an exceptional indi- I urge my colleagues to support the Air The Japanese American Legacy Project keep vidual and a trusted friend. The attached obit- Cargo Security Act and close a dangerous us in touch with the roots of our neighbors. uary from the New York Times (May 2, 2005) loophole that puts our Nation at risk. These wonderful resources proudly recall the highlights the life story and accomplishments f past and proudly inspire the future. of Dr. Clark. CELEBRATING ASIAN PACIFIC By celebrating Asian Pacific American Herit- KENNETH CLARK, WHO HELPED END AMERICAN HERITAGE MONTH age Month, we honor the spirit of America as SEGREGATION, DIES a nation of immigrants. By honoring Asian Pa- NEW YORK, NY—Kenneth B. Clark, the psy- cific Americans, we honor Americans from chologist and educator whose 1950 report HON. JIM McDERMOTT every ethnic background. This celebration re- showing the destructive effect of school seg- OF WASHINGTON minds us that America is a melting pot where regation influenced the United States Su- IN THE HOUSE OF REPRESENTATIVES preme Court to hold school segregation to be we retain our ethnic heritage even as we as- Tuesday, May 3, 2005 unconstitutional, died yesterday at his hpme similate the American experience. It is what in Hastings-on-Hudson, N.Y. He was 90. Mr. MCDERMOTT. Mr. Speaker, I rise to makes America strong. It is what makes His death was reported by daughter, Kate honor the contributions made by Asian Pacific America the destination for people willing to C. Harris.

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Dr. Clark was a leader in the civil rights AN UNWAVERING INSISTENCE New York late in the year and joined the fac- movement that developed after World War To the end, Dr. Clark remained committed ulty of City College. II. He was the first black to earn a doctorate to integration, although he grew more pessi- Mamie Phipps Clark, whom he had married from Columbia University, the first to be- mistic. For this, in part, he blamed in 1938, also earned a doctorate in psy- come a tenured instructor in the City Col- neoconservative whites who, he thought, had chology from Columbia and in 1946 joined lege system of New York, and, in 1966, the betrayed the civil rights struggle; those him in founding the Northside Center for first black elected to the New York State blacks who thought they could succeed in Child Development, which treated children Board of Regents. isolation from whites; politicians of both with personality disorders. At first, its serv- He wrote several influential books and ar- races who made empty promises; and defeat- ices were offered only to blacks but in 1949, ticles and used his considerable prestige in it became available to whites, too. That ists who came to think that integration and academic and professional circles and as a year, Dr. Clark was promoted to assistant real racial harmony were ‘‘too difficult to participant on many government bodies and professor of psychology at City College. achieve.’’ Congressional committees to advance the His interest in black children’s perceptions Renowned for the power of his oratory and cause of integration. He battled white su- of themselves went back to 1939 and 1940, writing over a career that spanned more premacists and black separatists alike be- when he and his wife conducted tests with than 50 years, Dr. Clark was uncompro- cause he believed that a ‘‘racist system in- dolls in New York and Washington. In those mising in his insistence that blacks be given evitably destroys and damages human days, Washington had a segregated school equal rights and that even in the face of vio- beings; it brutalizes and dehumanizes them, system, and the tests showed that black chil- black and white alike.’’ lence at the hands of racists, they must dren in Washington had lower self-esteem It was his research with black school- ‘‘adopt a courageous, calm and confident po- than their peers in New York City. children that became a pillar of Brown v. sition.’’ On another occasion, Dr. Clark was in Board of Education, the 1954 Supreme Court Besides Ms. Harris, of Lausanne, Switzer- rural Arkansas and when he asked one black decision that toppled the ‘‘separate but land, and Osprey, Fla., he is survived by his child which doll was most like him, the little equal’’ doctrine of racial segregation that son, Hilton B. Clark of Manhattan, three boy smiled and pointed to the brown doll and prevailed in 21 states.’’ grandchildren and five greatgrandchildren. replied: ‘‘That’s a nigger. I’m a nigger.’’ Dr. While for decades Dr. Clark was one of the Dr. Clark’s wife died in 1983. Clark said he found that ‘‘as disturbing, or great national authorities on integration, Kenneth Bancroft Clark was born in the more disturbing, than the children in Massa- his effect was particularly profound in New Panama Canal Zone on July 14, 1914, the son chusetts who would refuse to answer the York City and New York State. Mayors and of Arthur Bancroft Clark and Miriam Hanson question or who would cry and run out of the governors consulted him, and he expressed Clark. His parents did not get along. Mrs. room.’’ firm views about virtually every delicate ra- Clark yearned to return to the United Taken as a whole, Dr. Clark said, the re- cial matter from school busing to housing States. Mr. Clark, a passenger agent with sults repeatedly confirmed that American discrimination. the United Fruit Company in Latin America, society in the segregated South was telling He was often fearless and blunt about his felt he wanted to stay where he was in order blacks that they were ‘‘inferior to other views, and willing to change them when the to earn a living. When Kenneth was only 5, groups of human beings in the society.’’ empirical evidence led him to believe that his mother decided to leave her husband. She Throughout the 1950’s and 1960’s, Dr. Clark his original sentiments were wrong. An early took Kenneth and his younger sister, Beulah, was most active in New York City. In 1954 he champion of a sweeping reorganization of to New York City, where Mrs. Clark took a had assailed the city school system with per- New York City schools that gave greater job as a seamstress in a sweatshop, strug- mitting de facto segregation, pointing out control to community school boards, Dr. gling to pay the rent on a tenement apart- that because of this, especially in places like Clark later commented that ‘‘the schools are ment in Harlem. Later, she helped organize a Harlem, ‘‘children not only feel inferior but no better and no worse than they were a dec- union where she worked and became a shop are inferior in academic achievement.’’ After ade ago.’’ steward for the International Ladies Gar- an investigation supported his charges, he ‘‘In terms of the basic objective,’’ he said, ment Workers Union. Mrs. Clark and Ken- was named to lead a Board of Education ‘‘decentralization did not make a damn bit of neth had a strong bond and years later, he commission to see to the integration of city difference.’’ would recall that she ‘‘somehow commu- schools and to push for smaller classes, an Dr. Clark, who grew up in New York, nicated to me the excitement of people doing enriched curriculum and better facilities in gained firsthand knowledge of the effects of things together to help themselves.’’ the city’s slum schools. legally entrenched segregation in an ex- In 1920, Kenneth entered Public School 5 in During this period he also served as a vis- tended visit, in the 1950’s, to Clarendon Harlem and soon thereafter switched to P.S. iting professor both at Columbia and at the County in central South Carolina. Its school 139, which later also educated James Bald- University of California, Berkeley. He be- system had three times as many blacks as win. At first, the student body reflected the came a full tenured professor in the city uni- whites, but white students received more fact that Harlem contained substantial popu- versity system in 1960 and in 1961 won the than 60 percent of the funds earmarked for lations of Irish and Italians. By the time Spingarn Medal of the National Association education. Kenneth Clark reached the ninth grade, how- for the Advancement of Colored People for Dr. Clark administered a test, which he ever, Harlem was changing and most of the his contributions to promoting better race had devised years earlier, to 16 of those black relations. children, who were ages 6 to 9. He showed students around him were black. At school, them a black doll and a white doll and asked he was told to learn a trade and prepare for A FIGHT FOR HARLEM them what they thought of each. Eleven of vocational training. Miriam Clark would In 1962, Dr. Clark organized Harlem Youth them said that the black doll looked ‘‘bad,’’ have none of that. She walked into school Opportunities Unlimited, or Haryou, in an and nine of them thought that the white doll one day, told the counselor what she thought effort to recruit educational experts to reor- looked ‘‘nice.’’ Seven of the 16 told Dr. Clark of vocational schools and made it clear that ganize Harlem schools, provide for preschool that they actually saw themselves as being as far as she was concerned, her son was bet- programs and after-school remedial edu- closest to the white doll in appearance when ter than that. Kenneth thus went to George cation and reduce unemployment among asked, ‘‘Now show me the doll that’s most Washington High School in Upper Manhat- blacks who had dropped out of school. Two like you.’’ tan. years later, a committee headed by Attorney ‘‘These children saw themselves as infe- He was admitted to Howard University, General Robert F. Kennedy endorsed. rior, and they accepted the inferiority as where he studied political science with Dr. Haryou’s work, and as a result, President part of reality,’’ Dr. Clark said. Ralph Bunche and where he came to admire Lyndon B. Johnson’s administration ear- Dr. Clark’s testing in Clarendon County Bertrand Russell and Albert Einstein. He marked $110 million to finance the program. was used by Thurgood Marshall and the earned his bachelor’s degree in 1935 and re- But the program was placed under the ad- NAACP Legal Defense and Educational Fund turned to Howard the next year for his mas- ministration of a joint organization formed in its challenge to the constitutionality of ter’s degree in psychology. He also taught at by the merger of Haryou and Associated the separate-but-equal doctrine because it Howard for a time, but soon departed for Community Teams, a pet project of Adam showed actual damage to children who were New York, where he pursued doctoral studies Clayton Powell Jr., the Harlem Congressman segregated and a violation of equal protec- at Columbia University, receiving his Ph.D. and minister. Mr. Powell and Dr. Clark, who tion under the Fourteenth Amendment. in experimental psychology in 1940. served as acting chairman of Haryou-Act, On May 17, 1954, the Supreme Court under From 1939 to 1941 he took part in the clas- clashed over the selection of an executive di- Chief Justice Earl Warren announced its de- sic study of the American Negro that was or- rector. Mr. Powell charged that Dr. Clark cision in Brown v. Board of Education, and ganized by Gunnar Myrdal, the Swedish stood to profit personally from control of the Marshall, who had argued the case before the economist. The study, which documented the program. Dr. Clark denied this and said that court, called Dr. Clark with the news. Dr. inequalities that obtained among American Mr. Powell saw the Haryou-Act program Clark recalled that Marshall told him that whites and blacks, would be required reading mostly in terms of the political power it ‘‘Justice Warren had specifically mentioned in colleges and universities for years. gave him. the psychological testimony as key.’’ In 1942, Dr. Clark served for a time in the The struggle between the two was long and Dr. Clark added: ‘‘I confidently expected Office of War Information, for which he trav- heated, and journalists reported that the two the segregation problem would be solved by eled about the United States in order to as- grew to despise each other, something that 1960. That shows how naive I was.’’ sess morale among blacks. He returned to Dr. Clark denied.

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.020 E03PT1 May 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E847 ‘‘I liked him,’’ Dr. Clark said of Mr. Pow- dormitory and study program that excluded Whereas, Melvin Mahlke has served for ell. ‘‘Adam was one of the most honest, cor- whites. And some blacks in Washington be- twenty years in the United States Navy; and rupt human beings I have ever met. One of came upset with Dr. Clark, whom they had Whereas, Melvin Mahlke is to be com- the reasons I liked Adam is that he had so hired to evaluate their black-run school sys- mended for the honor and bravery that he dis- few illusions.’’ tem, when he concluded that it wasn’t very Dr. Clark quoted Mr. Powell as telling him, good and that what students needed was bet- played while serving our nation; and in the middle of the controversy, ‘‘Ah, Ken- ter teachers and tougher basic courses. He Whereas, Melvin Mahlke has demonstrated neth, stop being a child. If you come along also suggested that whatever argot black a commitment to meet challenges with enthu- with me, we can split a million bucks.’’ Dr. children spoke in the streets, they ought to siasm, confidence, and outstanding service; Clark explained that what Mr. Powell didn’t be required to use standard American and understand was: ‘‘I didn’t want any million English in school. Whereas, Melvin Mahlke is a loving hus- dollars. What the hell was I going to do with Dr. Clark was something of a legend in the band to his wife, Candra, and father to his a million dollars?’’ City University system. And he was quick to In 1950, Dr. Clark became convinced he say what all really great teachers say: that children, Brittany, Mason, and Dalton. should move his family from New York City in the process of teaching, a good professor Therefore, I join with the family, friends, and to Westchester County. He wanted to leave learned more than his students. the residents of the entire 18th Congressional Harlem because he and his wife could not He retired from City University in 1975 District of Ohio in thanking Petty Officer Sec- bear to send their children to the public and, looking back on more than a third of a ond Class Melvin Mahlke of the United States schools that he was trying so hard to im- century of work there, said he thought that Navy for his service to our country. Your serv- prove but were failing anyhow. ‘‘My children the students of the 1940’s and ’50’s had been ice has made us proud. have only one life,’’ he said. better at asking probing questions. Dr. Clark At the same time, he decided that perhaps was not so impressed with the students of f the way to hasten the improvement of city the 1960’s and said he thought their revolu- IN RECOGNITION OF THE NORTH schools was to decentralize them. But after tion ‘‘was pure fluff.’’ He also retired from JERSEY AVALANCHE YOUTH the schools were decentralized, they contin- the Metropolitan Applied Research Center, ued their decline. Dr. Clark came to think of which he had founded eight years earlier, HOCKEY TEAM; WINNERS OF THE the decentralization experiment as a ‘‘dis- and embarked on a consulting business on 2005 USA HOCKEY TIER I CHAM- aster,’’ failing to achieve any of the edu- race relations and affirmative action. PIONSHIPS IN THE 12 & UNDER cational objectives he had sought. Dr. Clark’s books included ‘‘Dark Ghetto’’ DIVISION By the 1970’s, after the assassinations of (1965); ‘‘A Relevant War Against Poverty’’ the Rev. Dr. Martin Luther King Jr. and (1969); ‘‘A Possible Reality,’’ (1972); and ‘‘Pa- John and Robert Kennedy, and the difficulty thos of Power’’ (1974). HON. STEVEN R. ROTHMAN in achieving integration in the North, many Despite the many honors he won and the OF NEW JERSEY blacks were growing more wary of whites, respect he commanded, Dr. Clark said he IN THE HOUSE OF REPRESENTATIVES more doubtful about overcoming prejudice thought his life had been a series of ‘‘mag- Tuesday, May 3, 2005 and achieving racial equality. Dr. Clark was nificent failures.’’ In 1992, at the age of 78, he discouraged too, but he remained a firm ad- confessed: ‘‘I am pessimistic and I don’t like Mr. ROTHMAN. Mr. Speaker, I rise today vocate of the integration of American soci- that. I don’t like the fact that I am more with great pride to honor a tremendous group ety. His colleagues described him as ‘‘an in- pessimistic now than I was two decades of young people from the great state of New corrigible integrationist,’’ convinced of the ago.’’ Jersey, the North Jersey Avalanche PeeWee rightness of the civil rights struggle and cer- Yet as a conscience of New York politics tain that the nation could not and should and of the civil rights movement, he re- AAA youth hockey team. The Avalanche re- not go back. mained an unreconstructed, if anguished, in- cently won the 2005 USA Hockey Youth Tier In 1973, with a backlash to integration tegrationist. A decade ago, during one of his I National Championship in the 12 & Under Di- mounting, Dr. Clark said in an interview in last lengthy interviews, he chain-smoked vision. The team skates out of the Ice House The New York Times Magazine that ‘‘one of Marlboros in his home, flanked by vivid Afri- in Hackensack, NJ, which lies in the heart of the things that disturbs me most is the so- can carvings and walls of books wrapped in my congressional district, and happens to be phisticated form of intellectual white back- sun-faded dust jackets, as he professed opti- the largest ice-skating facility in the Garden lash,’’ citing the writings of Daniel Patrick mism but repeatedly expressed disappoint- State. Moynihan, among others. ‘‘In their ivory ment over dashed expectations about experi- towers, they have lost all empathy with low- ments in school decentralization, open ad- Led by head coach Glenn Carlough and as- income people and black people. They are missions at City University and affirmative sistant coach J.J. Picinic, the North Jersey Av- seeking to repudiate their own past liberal action. alanche won the National Championship in positions, fighting against their own herit- ‘‘There’s no question that there have been very convincing fashion. After cruising through age at the expense of the poor.’’ changes,’’ he said then. ‘‘They are not as preliminary tournaments, the group of 17 Dr. Clark said he neither admired nor re- deep as they appear to be.’’ youngsters, many of whom have been playing spected such intellectuals and said he was Among the cosmetic changes was an rhe- hockey since they were toddlers, made their ‘‘breaking all ties with them.’’ A registered torical evolution from Negro to black to Af- Democrat, Dr. Clark went out of his way in rican-American. What, he was asked, was the way to the Youth Tier I, 12 & Under Division 1976 to support the incumbent United States best thing for blacks to call themselves? Championships in Fairbanks, Alaska. In six senator, James L. Buckley, a conservative ‘‘White,’’ he replied. games of fierce competition, the Avalanche Republican, in his unsuccessful race against He said a lack of meaningful progress could rose to the top, with an outstanding record of Mr. Moynihan, the Democratic candidate. be blamed on blacks who saw themselves five wins and one loss, and scoring a total of Dr. Clark’s candor was evenhanded. Late in only as victims and on whites too narrow- 29 goals, while only allowing 11. life, he said he had not been heartened by the minded to recognize their own self-interest On April 13, 2005, over 1,000 people were ascendancy of blacks in public life because it in black success. As whites become a minor- had not translated into a fundamental ity in a polyglot country, he was asked, in attendance for the Championship game, in change in the condition of ordinary black won’t they see that it is in their interest which the North Jersey Avalanche took on the people. He said he thought white Americans that blacks succeed? Los Angeles Hockey Club. The team hit the admired accomplished blacks like Colin Pow- ‘‘They’re not that bright,’’ he replied. ‘‘I ice strongly, scoring two goals in just the first ell as long as there were not ‘‘too many of don’t think you can expect whites to under- minute of the game. They maintained their in- them’’ and they did not threaten white he- stand the effects of prejudice and discrimina- tensity, as evidenced by the strong perform- gemony in American society. tion against blacks affecting them. If whites ances of players like Charles Orzetti, who He remained active and vocal. In the 1980’s, really understood, they would do something scored two goals, including the game-winner. he expressed anger over assertions that about it.’’ Anchoring the team’s performance in the final blacks were the cause of their own problems. f In 1986, he called on the New York State game was goalie Jonathan Drago, who faced Board of Regents to supersede the authority A PROCLAMATION IN HONOR OF 27 shots and made 25 saves. The monu- of local school boards if they chronically re- PETTY OFFICER SECOND CLASS mental effort put forth by all the team mem- ported low test scores. He also spoke out on MELVIN MAHLKE bers led the Avalanche to a decisive 8–2 vic- deteriorating relations between blacks and tory. Jews, asserting that the dialogue had been HON. ROBERT W. NEY The North Jersey Avalanche Tier I cham- too much about anti-Semitism among blacks pion team is one of the 21 traveling hockey and not enough about anti-black sentiment OF OHIO teams based at the Ice House in Hackensack. among the Jews. IN THE HOUSE OF REPRESENTATIVES He irritated separatists when he quit the Built in 1997, the Ice House is widely regarded board of Antioch College after it agreed to Tuesday, May 3, 2005 as one of the premier ice-skating facilities in black demands for the establishment of a Mr. NEY. Mr. Speaker: the Nation. In addition to the thousands of

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.022 E03PT1 E848 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2005 young athletes who play in year-round leagues community in remembering his giving spirit and will undoubtedly touch generations to and train in a variety of clinics, several Olym- and the magnificent works that emanated from come. pic figure skaters practice at the Ice House his boundless heart. f routinely, including 2002 Gold Medalists Sarah f Hughes, Elena Bereznaia and Anton INTRODUCING THE RAILROAD Sikharulidze. The Ice House’s athletic pro- TRIBUTE TO THEODORE BIKEL COMPETITION IMPROVEMENT grams continue to train and accommodate AND REAUTHORIZATION ACT OF Northern New Jersey’s youth, teaching the im- HON. BRAD SHERMAN 2005 portance of physical fitness and upholding the OF CALIFORNIA values of good sportsmanship—values that IN THE HOUSE OF REPRESENTATIVES HON. RICHARD H. BAKER OF LOUISIANA the national champion Northern New Jersey Tuesday, May 3, 2005 Avalanche proudly uphold. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I would like to ask my distin- Mr. SHERMAN. Mr. Speaker, I rise today to Tuesday, May 3, 2005 pay tribute to Theodore Bikel, a Renaissance guished colleagues to join me in recognizing Mr. BAKER. Mr. Speaker, today I am joined man who has made his mark as an accom- the tremendous achievements of the out- by House Transportation and Infrastructure plished musician, actor, author, lecturer, and standing group of young athletes who com- Ranking Member JAMES OBERSTAR to intro- activist. Throughout his life, Theodore has prise the National Champion Northern New duce the Railroad Competition Improvement been committed to arts awareness, human Jersey Avalanche, and acknowledge the suc- and Reauthorization Act of 2005, a bill de- rights, and Jewish activism, and his service to cess they have achieved, and the pride that signed to restore a measure of competition to the Los Angeles community and the world has they bring to the people of the great state of our Nation’s freight rail marketplace. We are been truly remarkable. New Jersey. also joined by our colleagues Representatives Theodore was born in 1924, in Vienna, Aus- f RODNEY ALEXANDER, CHARLES BOUSTANY, WIL- tria. At the age of 13, Theodore and his par- LIAM JEFFERSON, CHARLIE MELANCON, DENNY TRIBUTE TO THE LATE DR. ents fled Austria to avoid Nazi persecution. REHBERG, COLLIN PETERSON, DARLENE NSIDIBE N. IKPE They eventually settled in Palestine, where HOOLEY, MARION BERRY, and ED PASTOR. This Theodore began to develop a deep respect for bill, I believe, captures the true intentions of HON. KENDRICK B. MEEK Jewish tradition and the performing arts. He railroad deregulation. OF FLORIDA soon began acting in the famous Habimah Like all Americans, Mr. Speaker, I want our IN THE HOUSE OF REPRESENTATIVES Theater. After a few years of training, Theo- national railroad industry to remain the most dore left for London, where he performed in Tuesday, May 3, 2005 efficient in the world. Indeed, our railroad sys- small theatre productions. He eventually tem is a model for other national systems. My Mr. MEEK of Florida. Mr. Speaker, it is with caught the attention of Sir Laurence Olivier home state of Louisiana in particular relies great pride—but wit deep sorrow—that I rise and was cast as Mitch in ‘‘A Streetcar Named heavily on efficient railroads to deliver product to pay tribute to the late Dr. Nsidibe N. Ikpe, Desire.’’ to market and provide the feedstock for our one of my community’s quiet unsung heroes. After his initial success, Theodore went on manufacturing base. Without reliable rail serv- On Saturday, May 7, 2005, he will be memori- to star in Broadway productions of ‘‘The ice, Louisiana—and all of America—would be alized during a service to be held at Miami’s Sound of Music’’, ‘‘The Lark’’ and ‘‘The King economically hamstrung. Glendale Missionary Baptist Church. and I,’’ but he is most famous for his portrayal Congress deregulated the railroad industry Born on February 18, 1949 in the village of of the character Tevye in ‘‘The Fiddler on the in 1980 when it passed the Staggers Act. This Ndiya, Akwa Ibom State, Nigeria, West Africa, Roof,’’ a role he has played more than 2,000 law revitalized the industry, built efficiencies in he was the first son of Chief Nelson Ikpe and times. Theodore later branched into film, and the system, and bolstered the railroads as a Arit Akpan Uko. His genuine character as an in 1959 he was nominated for a Best Sup- critical component to America’s transportation industrious youth paved the way to his becom- porting Actor Academy Award for his role as infrastructure. As Chairman of the Louisiana ing one of the most accomplished profes- the Southern Sheriff in ‘‘The Defiant Ones.’’ House Committee on Transportation and High- sionals of Nigeria. In 1965, Theodore made his concert debut ways, I observed closely the implementation Married to Helen Roberts of Nigeria in 1969, at the Carnegie Recital Hall, and in 1988 he and success of the Act. Dr. Ikpe immigrated to the United States to won an Emmy Award for his portrayal of Har- However, one lingering element of the Stag- pursue higher education. He supported himself ris Newmark, an early immigrant pioneer of gers Act provides for ‘‘differential pricing,’’ with odd jobs and was soon employed by the the West Coast. In recognition of his inspira- which in effect allows railroads to ‘‘price Boy Scouts of America, where he won several tional work on stage, Theodore will be hon- gouge’’ customers served by a single railroad accolades. It was while he served as a custo- ored this spring with a star on the Hollywood in order to help make up for revenue that is dian in a psychiatric hospital in Iowa that he Walk of Fame. lost to customers served by more than one was inspired by the work of the doctors there Off stage, Theodore has used his talents to railroad. In other words railroads can over- and decided to pursue a career in medicine. advance causes near to his heart. During the charge a customer where the railroad is a mo- Entering Washburn University in Topeka, Civil Rights Movement, he helped produce the nopoly to help recover the revenue it loses in Kansas, he earned his Doctorate of Medicine album ‘‘Sing’’ for Freedom: Civil Rights Move- a competitive, multiple-railroad environment. and completed his internship and residency at ment Songs. He has also dedicated himself to Prior to the Staggers Act, the federal gov- Westchester General Hospital in Des Moines, human rights movements around the world, ernment administered the finances of railroads Iowa. Afterwards, he established the Legion visiting and entertaining soldiers during the by imposing price controls. But by allowing Park Medical Center in Miami, and expanded Yom Kippur War of 1973 and serving as a railroads to institutionalize price gouging, are his practice to three more community clinics in board member of Amnesty International. Back we not continuing the practice of price con- South Florida at which he treated over 50,000 home, Theodore has been president of the trols? Indeed, is differential pricing the thriving patients. It is this commitment that endeared Actors’ Equity Association and a member of legacy of regulatory control? I believe it is. I him to our community, and it is with this re- President Carter’s National Council on the assert that differential pricing is no more ‘‘de- membrance that he will be sorely missed as Arts. regulation’’ than the artificially imposed gov- one of our preeminent minority physicians. Throughout his life, Theodore has also ernment price controls that existed before Though a highly private individual, he virtually made serving the Jewish community a priority. 1980. consecrated his professional life to public Most notably, he has been involved in the So- I do not believe Congress intended to insti- service. In so doing, he symbolized everything viet Jewry movement and has served as sen- tutionalize price gouging when it passed the that is good and noble about the spirit of ideal- ior vice president in the American Jewish Con- Staggers Act in 1980. Rather, the Staggers ism and optimism in serving his fellow man, gress. In the Los Angeles Jewish community, Act was an attempt to revive an important in- particularly the downtrodden and less fortu- Theodore has collaborated with Rabbi David dustry in America’s economy. It was not en- nate. Baron and cofounded Temple Shalom for the acted to allow the industry to thrive at its cus- The numerous accolades he received during Arts in Los Angeles. tomers’ expense. When the 109th Congress his lifetime buttress the unequivocal testimony Mr. Speaker, please join me in recognizing reflects back on the success of the Staggers of the gratitude and respect he enjoyed from Theodore Bikel, an influential leader, a vision- Act, we can indeed take pride in ‘‘getting it the community. I am deeply privileged to have ary artist, and a talented individual whose spir- right.’’ Congress achieved its goal of resusci- enjoyed his friendship, and I now join our it and activism have inspired our generation tating the ailing railroad industry, but Congress

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.025 E03PT1 May 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E849 did not intend to sustain the life of this industry United Teachers. Mr. Hobart skillfully served in he volunteered for the ‘‘Parachute Troops’’ at the growing, unfair expense of other indus- that capacity for the past 33 years. after the bombing of Pearl Harbor. He was an tries. Tom Hobart is a graduate of Buffalo State original member of Easy Company and served When Congress passed the Staggers Act in College and in 1959 he began his career more consecutive days of combat than any 1980 there were over 40 Class I railroads teaching Industrial Arts in the Buffalo Public other member of his unit. During his service competing for business. Today, after over 50 Schools. At that time the furthest thing on his he received a number of decorations including mergers and consolidations there are only 7 mind was union activity, but by struggling to the Bronze Star with Oak Leaf Cluster and Class I railroads in North America and four of get by on a starting teaching salary he easily Good Conduct Medal. After leaving the serv- them control over 95 percent of the railroad recognized that teachers needed to join to- ice, Don went on to become one of the young- business. This unprecedented consolidation gether to get collective bargaining rights. In est elected county commissioners in Oregon’s has led to whole states, regions and entire in- 1964 Tom became his Building representative history. He later worked as a real estate con- dustries becoming captive to a single railroad. to the Buffalo Teachers Federation, in 1969 he sultant and broker and became a renowned This level of concentration and the lack of became BTF President, and in 1971 he was lecturer who has spoken at the United States competition it has brought were never envi- elected President of the New York State Military Academy at West Point and numerous sioned by Congress in the 1980 Act. Teachers Association. locations in North America and Europe. He Over this same period the agency that ad- Tom realized that the presidency enabled now resides in Salem, Oregon, with his wife ministers rail law, the Surface Transportation him to be an advocate not only for teachers Irene. Board, has produced rulings, which have but also for public school students and for chil- Buck Compton was born in Los Angeles skewed the freight rail market place to the dren in general. He realized that greater num- and attended UCLA where he played catcher point that it is now a Federally protected mo- bers provided greater influence, and the best on the baseball team with Jackie Robinson nopoly. Railroads are operating within the way to achieve that influence was to merge and was a starting guard in the 1943 Rose law... but that law is outdated given the cur- the two State Teacher unions. Tom imme- Bowl game. He was commissioned as a 2nd rent number of railroads and market conditions diately began pressing for the merger and Lieutenant out of UCLA’s ROTC program and of the new century. worked with New York City’s legendary Albert went on to jump school at Ft. Benning, GA. Mr. Speaker, as you may know, Louisiana Shanker to create NYSUT. In March of 1973 He earned a Silver Star for bravery on D-Day industry is in dire straits. Every month compa- Tom was elected the first President of a for his role in the successful destruction of nies announce closures, lay offs, and moves— 200,000 member statewide union. Today be- four 105 mm cannons, a Purple Heart after depriving our economically struggling state of cause of his leadership, the New York Teach- sustaining an injury in Holland, the America hundreds of important jobs. When these jobs ers Federation boasts a membership of over Defense Medal and World War II Victory are lost, so are the workers’ pensions, sala- one half million members and it is regarded as Medal. After the war, Buck completed his law ries, and health benefits. When hundreds of one of the most respected, influential and ef- degree at UCLA then went to work in the Los jobs are lost, it affects other small businesses fective labor organizations in the nation. Angeles County prosecutor’s office where he that rely on workers to keep them viable. On Thursday, May 12, 2005, President Ho- convicted Robert Kennedy’s assassin, Sirhan Though Louisiana industry faces many fi- bart will be recognized for his outstanding Sirhan. In 1970, Governor Ronald Reagan ap- nancial challenges, premier among them is the service to New York States Teachers at a re- pointed him to the California Court of Appeals cost to do business—and aside from energy ception honoring him upon retirement. I would where he served until his retirement in 1990. supply, the most expensive cost of business is like to extend my sincere congratulations to He now lives in Mt. Vernon, Washington near the artificially inflated rates imposed on Lou- Tom and his wife Dorothy, and wish them his two daughters and their families where he isiana companies that, through no fault of their many happy years together in retirement. provides weekly policy and political com- own, exist under a railroad monopoly. f mentary on local radio. Mr. Speaker, this situation is not exclusive In addition to the decorations already men- to Louisiana. It exists in West Virginia, North TRIBUTE TO SGT. DON MALARKEY, tioned, both Don and Buck were awarded the Dakota, Idaho, Georgia, Florida, Montana, LT. LYNN ‘‘BUCK’’ COMPTON, Combat Infantry Badge; Presidential Citation Minnesota—in fact, Mr. Speaker, there is not AND VANCE DAY with Oak Leaf Cluster; European, African, Mid- a state in the Union free from this blemish on Eastern Campaign Medal and the American the free enterprise system. HON. GREG WALDEN Campaign Citation. The bill we are introducing today will truly OF OREGON Mr. Speaker, Don and Buck forged a fast match the deregulation goals of the Staggers IN THE HOUSE OF REPRESENTATIVES and enduring friendship that helped them through day after day of combat and has kept Act with the tried and true American tradition Tuesday, May 3, 2005 of a competitive free market. them in close contact ever since. In fact, when Our bill takes deregulation to a higher level Mr. WALDEN of Oregon. Mr. Speaker, col- Buck was injured by a German round, Don led by fortifying healthy market competition. leagues, I rise today to convey my deepest the effort to drag him to the back of a tank The bill would remove artificial protections appreciation to Sgt. Don Malarkey, Lt. Lynn and off the battlefield. Their continuing friend- maintained by an outdated policy that allows ‘‘Buck’’ Compton and Vance Day, on the occa- ship is a testament to the adventures they freight railroads to operate in an atmosphere, sion of their trip to our Nation’s Capital to shared and I’m pleased to welcome them which no other business in the country en- share their stories, talents and leadership today. joys—including exemption from anti-trust law. qualities with the Congress this evening. I am also pleased to welcome their friend Mr. Speaker, I urge all pro-market, pro-con- Don Malarkey and Buck Compton are highly and mine, Vance Day, from my home state of sumer, pro-deregulation, pro-fairness, projobs, decorated veterans of World War II. They Oregon. Vance has long been a friend with pro-economy, pro-transportation, and pro-rail- served with the 101st Airborne Division’s Easy whom I’ve worked on many political issues of road Members to join me in completing the Company throughout the Allied advance to- importance in the State. He is a former news deregulation goals of the Staggers Act of 1980 ward victory. Their distinguished service and reporter and historian who now is a partner at by cosponsoring the Railroad Competition Im- that of their company were memorialized in a law firm in Salem. It was Vance who first ap- provement and Reauthorization Act of 2003. Stephen Ambrose’s Band of Brothers and the proached me about sponsoring this event, and f riveting Band of Brothers mini-series in which I thank him for moderating the presentation they were featured prominently. today as he has at similar events around the RECOGNIZING MR. THOMAS From their dramatic parachute drop behind country. In fact, due to his diligence, similar HOBART enemy lines to secure German positions and presentations are being held at the Heritage reduce resistance to the amphibious D-Day in- Foundation, Family Resource Council, and the HON. BRIAN HIGGINS vasion, to action in Holland, Bastogne, Ger- White House during their trip to Washington, OF NEW YORK many, Austria and eventually Hitler’s Eagle’s D.C. IN THE HOUSE OF REPRESENTATIVES Nest, they showed courage under fire, perse- It is truly fitting that we are here with Don, verance, personal sacrifice and compassion in Buck and Vance at this time, just days before Tuesday, May 3, 2005 the heat of battle. Both Don and Buck served the 60th Anniversary of the Allied victory in Mr. HIGGINS. Mr. Speaker, I rise today to with distinction during the war, and have lived Europe, a day we are able to celebrate only recognize a proud son of Buffalo and Empire extraordinary lives out of the service as well. because of the sacrifices made by men like State, Mr. Thomas Hobart on his recent retire- I’m proud to claim Don Malarkey as a born Don, Buck and countless others of ‘‘The ment as President of the New York State and bred Oregonian. Born in Astoria in 1921, Greatest Generation’’ who stood in the face of

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.029 E03PT1 E850 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2005 tyranny to preserve the liberties we all hold Karen Kurek began her career in Arthur An- in celebrating the 50th anniversary of incorpo- dear. We owe them a profound debt of grati- dersen’s Audit practice in 1981 where she be- ration of the City of Treasure Island, which I tude. came a manager in 1985 and a partner in have the great privilege to represent. Mr. Speaker, I am proud to have helped 1994. Soon after her elevation to partner she It was at 2:32 p.m. on May 3, 1955 that the bring these three gentlemen to Capitol Hill gave birth to twins, which made it difficult for Florida State Legislature by a special act in- today. Don, Buck and Vance, thank you so Karen to continue with the 60-hour workweeks corporated the towns of Sunset Beach, Boca much for sharing your time, your experience that are customary for partners. Facing a di- Ciega, Sunset Beach, and Treasure Island and your stories with us today. lemma common to many women—how to into the City of Treasure Island. f manage a career and family—she paved a Throughout this past half-century, the city pioneering path at Arthur Andersen by pro- has grown into a favorite destination for beach RECOGNIZING THE GEORGE MARK posing and negotiating a reduced work sched- goers from throughout Florida, our Nation and CHILDREN’S HOUSE ule on what was to be a one-year trial basis. the world. Although the current population of Karen faced her fair share of skeptics, but she Treasure Island is 7,500, in the winter months HON. FORTNEY PETE STARK proved them wrong. She not only excelled at it more than doubles to accommodate the OF CALIFORNIA Arthur Andersen, but she committed herself to many visitors who want to experience its IN THE HOUSE OF REPRESENTATIVES making these same benefits available for other beautiful beaches; colorful sunsets; unique Tuesday, May 3, 2005 women working for the firm. shops, restaurants and businesses. It is a Karen’s success led to her appointment as great community in which to live, to work, and Mr. STARK. Mr. Speaker, I rise today to head of Arthur Andersen’s innovative Growth to play. recognize the George Mark Children’s House and Retention of Women (GROW) Initiative. Many individuals, volunteer organizations, in San Leandro, California, the first free- Established in 1998, GROW’s purpose was to and elected officials have made significant standing residential children’s hospice and significantly enhance the recruitment, reten- contributions to the development of Treasure respite care facility in the United States. The tion, advancement and leadership paths of Island over the past 50 years. Eight individuals House offers around the clock respite care; women within the firm., Under Karen’s leader- have had the honor to serve the city as Mayor transitional care, end-of life and family care ship, the GROW initiative led to reduced turn- and countless others have served on the city services to children with life-threatening or ter- over among women, an increased number of council. Together, they have worked hard to minal illnesses. women in leadership positions, greater imple- maintain the small town feel for this jewel of The George Mark Children’s House’s focus mentation of flexible work schedules, and Ar- Florida’s Gulf Coast. is on keeping the family intact while in the thur Andersen’s repeated citation in Working In closing, Mr. Speaker, let me again con- midst of profoundly challenging circumstances. Mother Magazine’s annual list of ‘‘100 Best gratulate the people of Treasure Island as The House features private family quarters Companies for Working Mothers.’’ they gather today for the reenactment of the that allow parents and siblings to stay together Today, Karen continues to help women signing of their charter of incorporation. It has with a child during the final stage of his or her excel in the workforce. As a partner at RSM been an honor to represent the city in public life, when care at home or the hospital is no McGladrey, she heads the firm’s Women’s Ini- office for 45 of their first 50 years and to call longer practical and/or desirable. The House tiative—an ongoing, multi-faceted program of it home for many of those years. Please join helps families make the most of the precious networking, mentoring and career-building ac- me in wishing the City of Treasure Island and time they have remaining together. In this un- tivities designed to create a culture that en- its residents and visitors well as they embark hurried, nurturing and non-institutional setting, courages diversity and allows women profes- on their next 50 years of living and working to- child focused end-of life care and bereave- sionals to excel. gether. ment support is available for the entire family. Throughout Karen’s career, she has paved f An interdisciplinary team of specialists staff the way for the women who followed her. the House; pediatric physicians, nurses, social Working tirelessly to establish a supportive en- PERSONAL EXPLANATION workers, spiritual care counselors, therapists vironment for women in the workforce, she and intensively trained volunteers. Through helped to create an atmosphere in which HON. JEFF FLAKE the generosity and support of the community, women looking to balance a career and family OF ARIZONA the George Mark Children’s House is acces- can thrive professionally. I commend her for IN THE HOUSE OF REPRESENTATIVES sible to medically eligible families, regardless improving the lives of women and their fami- of their ability to pay. lies and I once again congratulate her on re- Tuesday, May 3, 2005 It is anticipated the House will serve up to ceiving this much deserved award. Mr. FLAKE. Mr. Speaker, I respectfully re- 150 families per year from the San Francisco f quest the opportunity to record my position on Bay Area and beyond. I am hopeful the rollcall votes 149 and 150. I was regrettably George Mark Children’s House will serve as a PERSONAL EXPLANATION absent from the chamber today during rollcall model to be replicated throughout the country votes 149, and 150. Had I been present, I for the establishment of other residential chil- HON. ELTON GALLEGLY would have voted ‘‘yea’’ on rollcall 149, and dren’s hospices for terminally ill children, and OF CALIFORNIA ‘‘yea’’ on rollcall 150. respite care for their families with a full spec- IN THE HOUSE OF REPRESENTATIVES f trum of supportive services. Tuesday, May 3, 2005 INTRODUCTION OF LEGISLATION I send best wishes to the George Mark Chil- Mr. GALLEGLY. Mr. Speaker, on Thursday, dren’s House as we welcome them to our COMMEMORATING THE WAR OF April 28, 2005 I was unable to vote on the mo- 1812 BICENTENNIAL community. tion to suspend the rules and agree to H. Res. f 210, Supporting the goals of World Intellectual HON. BENJAMIN L. CARDIN CONGRATULATING KAREN KUREK Property Day, and recognizing the importance OF MARYLAND OF HINSDALE, ILLINOIS of intellectual property in the United States and Worldwide. Had I been present, I would IN THE HOUSE OF REPRESENTATIVES HON. JUDY BIGGERT have voted ‘‘yea’’ on roll call vote 150. Tuesday, May 3, 2005 f OF ILLINOIS Mr. CARDIN. Mr. Speaker, today I am intro- IN THE HOUSE OF REPRESENTATIVES CELEBRATING THE CITY OF ducing with Representative WAYNE GILCHREST two pieces of legislation that will be catalysts Tuesday, May 3, 2005 TREASURE ISLAND, FLORIDA’S 50TH ANNIVERSARY for the forthcoming national commemoration of Mrs. BIGGERT. Mr. Speaker, I rise today to the Bicentennial of the War of 1812. congratulate Karen Kurek, a resident of the HON. C. W. BILL YOUNG The first bill, entitled the ‘‘Star-Spangled 13th Congressional District of Illinois, on re- Banner National Historic Trail Act’’, will estab- OF FLORIDA ceiving the U.S. Small Business Administra- lish within the National Park Service’s National IN THE HOUSE OF REPRESENTATIVES tion’s 2005 Illinois District Office and Midwest Trails System a 290-mile long trail extending Regional Small Business Administration Tuesday, May 3, 2005 from Southern Maryland through the District of Champion Award for ‘‘Women in Business Mr. YOUNG of Florida. Mr. Speaker, I rise Columbia and Virginia and north to Baltimore, Champion of the Year.’’ to ask my colleagues to join me this afternoon Maryland. The trail will follow and recognize

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.031 E03PT1 May 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E851 the Chesapeake Campaign of the War of through greater numbers and then held up just Jr., Chancellor of the University of North Caro- 1812. That campaign culminated with the Brit- outside the city limits to await the naval co- lina at Asheville. Dr. Mullen, who has served ish bombardment of Ft. McHenry which in- operation necessary to occupy Baltimore. as Chancellor since July 1999, will leave UNC spired our National Anthem. Thus Ft. McHenry became the crucial battle Asheville in July 2005. As an incredible advo- The second bill, entitled the ‘‘Star-Spangled line. The heroic defenders at Fort McHenry cate of excellence in liberal arts education and Banner and War of 1812 Bicentennial Com- held off the British fleet through the ships’ long a proponent of community partnerships, Chan- mission Act’’, will authorize establishing a na- bombardment, ending the English advance cellor Mullen leaves a legacy of achievement tional commission to organize, facilitate and and preserving liberty and independence for at the University of North Carolina at Asheville our young nation. Our National Anthem, writ- encourage observance and commemoration of that will surely be missed. America’s Second Revolutionary War—the ten that fateful night by Francis Scott Key as War of 1812. The Commission will also seek a poem, well recognizes the historic impor- Under his leadership, Chancellor Mullen has to protect historic and cultural resources asso- tance of this battle to our people and nation. advanced UNC Asheville’s national promi- ciated with the war. The proud history of this Second War of nence in public liberal arts education. UNC The War of 1812 tested our young nation to Independence deserves broad national com- Asheville is ranked fourth among the nation’s its roots. Shortly after conclusion of the Revo- memoration upon its bicentennial. The first bill 21 public liberal arts universities by U.S. News lutionary War and the establishment of a fed- introduced today will designate the Star-Span- & WorId Report magazine, has been a ‘‘best eral government for our nation, the English gled Banner Trail in the States of Maryland buy’’ in the Fiske Guide to Colleges for 11 and French entered 22 years of war. Our na- and Virginia and the District of Columbia as a years, and is one of just 81 colleges included tion, dependent upon trade to survive, was in- National Historic Trail. Today, the Park Serv- in the ‘‘America’s Best College Values.’’ creasingly drawn into this conflict. Though we ice has designated 16 National Historic Trails, struggled to remain neutral traders, essential from the Lewis and Clark trail of exploration, Among the notable University initiatives tools in the English-French conflict were the to the trail from Selma to Montgomery. The begun during his service the past six years naval blockade and other trade-restricting ef- Star Spangled Banner Trail will recognize the are the Pisgah Astronomical Research, forts. The English, with the most powerful most important sites from the War of 1812’s Science and Education Center, a collaboration navy, were particularly effective in enforcing Chesapeake Campaign and the role played by that has created a national radio astronomy blockades, often directly off our shores—fre- the patriots of these battles in the ultimate de- observatory and education center; the National quently intercepting American trading vessels feat of the British by our young nation. Environmental Modeling and Analysis Center, in our own territorial waters. In addition, the The second bill we are introducing today au- which partners academia, governmental agen- British aggressively impressed American sail- thorizes the ‘‘Star Spangled Banner and War cies, non-profit organizations, and businesses ors. England claimed the right to halt Amer- of 1812 Bicentennial Commission’’ to plan, co- in the area of prediction and analysis of air, ican ships and remove both suspected desert- ordinate and facilitate programs and other ef- land and water environmental data; the Craft ers from the Royal Navy and former subjects forts to commemorate the historic events as- Campus, that will provide a much-needed fa- of His Majesty though they were American citi- sociated with the War of 1812. The Commis- cility for its students, will serve as a national zens. sion will be made up of citizens from 9 key model for green building, and add to the re- From 1793 through 1812, our country states involved in the War from Alabama to sought to establish its neutrality and reduce New York, representatives of the cities of Bal- gion’s growing craft economy; and the North growing frictions with the British on the seas timore, Washington and New Orleans, mem- Carolina Center for Health and Wellness Pro- through diplomacy. But anti-British feelings bers of National Park Service, and appointees motion, a unique academic and outreach pro- grew, particularly in the West and South of the House and Senate. The Commission gram that will focus on regional problems of where expansionists were strong. Growing will have broad authority and responsibility for childhood obesity, workplace wellness and economic pressures also led to young, ag- bicentennial events, but will also work to as- senior wellness. gressive Members of Congress from these re- sure that the natural and cultural resources of During his tenure, the University has also gions gaining control and declaring war the war are protected for the long term. As undertaken a $49 million, bond-funded capital against the British in 1812. well, the Commission will enable improve- construction program. The new Highsmith Uni- Central to the War of 1812 was the Chesa- ments at sites and to facilities necessary to versity Union opened in Fall 2004 and the new peake Campaign. The British were depending enhance and maximize our citizens’ apprecia- Carmichael Hall classroom building will open largely upon their navy to vanquish the Ameri- tion of this era’s proud history. in Fall 2005. Under way are the new Zeis cans and they almost immediately began a Several years ago Congressman GILCHREST very effective blockade of the Chesapeake and I worked closely on legislation directing Science and Multimedia Arts classroom build- and Delaware Bays. In the summer of 1814 the Park Service to conduct the studies that ing, a facilities management complex, and ren- the British launched a land and naval attack have lead to introduction of these bills. I am ovations to the Zageir Hall classroom building. upon the United States beginning in Southern pleased that he is joining me today as the Through other funding sources, the University Maryland. The British engaged with the Amer- original co-sponsor on both. I would also like also completed the Governors Hall residence ican Chesapeake Flotilla on St. Leonard’s to recognize all the legislative work of Senator hall and the Reuter Center, home to the North Creek in Calvert County in June. In August PAUL SARBANES to prepare for the commemo- Carolina Center for Creative Retirement. they put troops ashore at Benedict, on the Pa- ration of the Bicentennial of the War of 1812. Dr. Mullen has also overseen the develop- tuxent River and began marching towards the He has introduced companion legislation in ment of new and innovative academic and co- the Senate to the two bills we are introducing largely undefended City of Washington. After curricular programs, such as Integrative Lib- the brief Battle of Bladensburg, the British today. eral Studies, which is a new and innovative marched into Washington and burned much of Mr. Speaker, I hope all our colleagues from approach to general education. the new federal city. the regions directly impacted by the War of The British then turned to the greater prize 1812 and others from across the nation will Perhaps Chancellor Mullen’s most valued of the era, an attack on Baltimore. The City of join us in support of both these bills. legacy is his strong personal relationship with Baltimore in 1814 was far larger, wealthier and f students, in whom he vested his confidence, more important than Washington. Three Amer- trust and hope for the future. Dr. Mullen has ican warships were under construction in the HONORING CHANCELLOR JAMES H. always demonstrated an intense personal in- Baltimore harbor at the time and the City’s MULLEN, JR. AND HIS SERVICE terest in all students, attending organization shipyards were well known for outfitting most TO THE UNIVERSITY OF NORTH meetings, joining students for lunch in the Din- CAROLINA AT ASHEVILLE AND effective privateers—the Baltimore Clippers. ing Hall, for chats on the Quad and for an oc- WESTERN NORTH CAROLINA But Baltimore was well defended. Local lead- casional tag football game. ers had organized defensive efforts, acting independently from the national government. HON. CHARLES H. TAYLOR On behalf of North Carolina’s Eleventh Dis- trict, I would like to thank Chancellor Mullen Private donations of more than $500,000 had OF NORTH CAROLINA for his dedicated service to the students at the been put to good use and militias from Mary- IN THE HOUSE OF REPRESENTATIVES land, Virginia and Pennsylvania gathered, join- University of North Carolina at Asheville and ing with many local citizens to defend the city. Tuesday, May 3, 2005 wish him the best of luck and success as he The British first met strong resistence at the Mr. TAYLOR. Mr. Speaker, I rise today in becomes Chancellor at The College of Our Battle of North Point, but they prevailed grateful recognition of Dr. James H. Mullen, Lady of the Elms in Massachusetts.

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.037 E03PT1 E852 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2005 IN HONOR AND REMEMBRANCE OF Rights Movement in the 1960s and in doing so tion it is my pleasure to declare . . . Rodolfo NORBERT ‘‘WHITEY’’ PRIEBE he gave voice to the aspirations of millions of ‘‘Corky’’ Gonzales, Presente! people, particularly in the Latino communities f HON. DENNIS J. KUCINICH of the southwestern United States. Corky Gonzales first rose to prominence as IN SUPPORT OF A BILL FOR THE OF OHIO FURTHER STUDY OF DYSTONIA IN THE HOUSE OF REPRESENTATIVES champion boxer during the late 1940’s and early 1950’s. His fearlessness in the ring Tuesday, May 3, 2005 served him well when he decided to use his HON. DANNY K. DAVIS Mr. KUCINICH. Mr. Speaker, I rise today in voice and not his fists to champion the cause OF ILLINOIS honor and remembrance of my dear friend, of equality. IN THE HOUSE OF REPRESENTATIVES Mr. Norbert ‘Whitey’ Priebe—beloved hus- Growing up poor in Denver shaped his Tuesday, May 3, 2005 band, father, stepfather, grandfather, brother, sense of justice—and instilled a very deep Mr. DAVIS of Illinois. Mr. Speaker, I rise and friend to many. His passing marks a great commitment to improve the lives of so many today in support of a bill I introduced express- loss for his family and friends, and also for the in the so-called ‘‘Mexican-American’’ commu- ing the need for further study of the neuro- people of Slavic Village and Newburgh nity of the times, and he was one of the first logical disorder dystonia. Dystonia is charac- Heights. of his generation to call public attention to the terized by powerful and painful muscle Throughout his entire life, Mr. Priebe’s car- civil rights struggle of Latino people after dec- spasms that cause the body to pull into dis- ing heart and concern for others reflected ades of indifference, benign neglect and out- torted postures. It is the third most common along Fleet Avenue. He was born in Cleve- right discrimination. movement disorder after Parkinson’s disease land, grew up in Newburgh Heights, and grad- Gonzales also was an accomplished poet and Tremor. Dystonia affects more people uated from St. Stanislaus High School. Al- and lover of art and literature often extolling than better known and more thoroughly re- though he was of Polish heritage, Mr. Priebe the virtues of education and urging his fol- searched diseases such as Huntington’s dis- became an honorary son of Cleveland’s lowers to use their minds as a means of fight- ease, muscular dystrophy and Lou Gehrig’s Czech community. His forty year involvement ing injustice. Anita, his oldest daughter, has disease. Three hundred thousand Americans with the heart and soul of Fleet Avenue, said that the standard bill of fare in the suffer from dystonia, and it affects all ages, Ceska Sin Karlin Hall, served to uplift every Gonzales household was not the latest fad or genders and ethnic backgrounds. aspect of this significant cultural organiza- fashion, but discussions on art, literature, poli- Currently there is no cure for dystonia, tion—an organization that bridges modern life tics and philosophy. In this regard, Corky was which means only the symptoms can be treat- and antiquity, and connects the people of a true ‘‘Renaissance man’’—although I sus- ed. Led by the National Institutes of Health America to their traditions and customs of their pect he would flinch at that description. which recently announced a program entitled Eastern European origins. In 1965 he founded the ‘‘Crusade for Jus- ‘‘Studies into the Causes and Mechanisms of Mr. Priebe maintained an unwavering focus tice’’ which became a Mecca for likeminded in- Dystonia’’, I ask that Congress act to support on family, community and country. During the dividuals committed to the cause of justice increased funding and research for this debili- Korean War, he served with honor and cour- and equality for those on the margins of soci- tating disease. age as an infantryman in the United States ety. While the nation’s television news covered To personalize the importance of research Army. Following his discharge, he remained the marches in Selma and the civil rights pertaining to dystonia, let me tell a short story an active member of the VFW From the mili- struggle of African-Americans throughout the about Art Kessler, a man from the 7th District tary to his professional career, Mr. Priebe re- South, young Corky was raising a similar of Illinois, who was diagnosed at age 12 with flected an unwavering level of integrity and voice for equality in the West. early-onset dystonia. He and his wife, Wendy, diligence. He worked as an auditor with the In 1967 he wrote a celebrated epic poem ‘‘I decided to remain childless to prevent another state’s auditor’s office, until he retired 10 years am Joaquin’’ which many describe as the life from being burdened with dystonia. How- ago. Throughout his retirement, he remained greatest poem to come out of the Chicano ever, due to recent technological advances an active and vital part of our community. At Civil Rights Movement. The poem, an odyssey and a ground breaking procedure called Karlin Hall, Mr. Priebe took on any task that of self discovery and affirmation of ethnic pride preimplantation genetic diagnosis (PGD), Mr. needed tackling, including bartender, floor quickly became a blueprint for social action Kessler and his wife are the proud parents of sweeper, and President. and a clarion call to an entire generation of a dystonia-free child. Benjamin is the first child Mr. Speaker and Colleagues, please join me Americans young and old alike. ever to be born using PGD. in honor and remembrance of Mr. Norbert He was not without his detractors, but any- I urge my colleagues to support this resolu- ‘Whitey’ Priebe. His caring nature, quick wit, one who attempts to achieve anything of last- tion to bring increased public awareness about and concern for others, framed his life and ing importance seldom is, and for people of dystonia and to encourage future research into served to light the lives of countless individ- my generation, he was a much needed voice the causes and possible cures. The efforts put uals and families along Fleet Avenue and be- for change. To his followers and to those who forth by agencies such as the National Insti- yond. I extend my deepest condolences to his loved and respected him he was ‘‘the hurri- tute of Neurological Disorders and Stroke and wife, children, grandchildren, and to his many cane that rose from the barrios of Denver to the National Institute on Deafness and Other friends. The legacy of his life, lived with joy lift his people into the 21st century.’’ Communication Disorders have been very val- and energy, will live forever within the hearts This fearless warrior left an indelible imprint uable, but more needs to be done. Let us of all who knew and loved him well. on our society and future generations of lead- strive to make success stories like that of Mr. Kessler everyday occurrences. This is the f ers. But for his early journey, paving the way for others, Colorado might never have wit- path we hope to take by supporting and even- HONORING THE MEMORY OF nessed Federico Pena as Mayor of Denver or tually passing this resolution. CORKY GONZALES Ken Salazar as a United States Senator. f Corky launched the idea of Chicano Pride long HONORING THE TOWN OF HON. MARK UDALL before it became fashionable to celebrate His- SUMMERDALE, ALABAMA, ON OF COLORADO panic identity. THE OCCASION OF ITS 100TH AN- IN THE HOUSE OF REPRESENTATIVES Had he been born a few decades later per- NIVERSARY haps, the young boxer might have exchanged Tuesday, May 3, 2005 his gloves for a seat in this House, but his Mr. UDALL of Colorado. Mr. Speaker, I rise contributions to our country and to the com- HON. JO BONNER today to pay tribute to Rodolfo ‘‘Corky’’ munities of color that are so deeply a part of OF ALABAMA Gonzales, one of Colorado’s most influential the mosaic of the Southwestern United States IN THE HOUSE OF REPRESENTATIVES civil rights leaders who passed away on April remain a testament to his memory. Tuesday, May 3, 2005 12, 2005. While I did not have the pleasure of In the Chicano and Mexican-American com- Mr. BONNER. Mr. Speaker, today I rise to getting to know this remarkable man in per- munities in my part of the country there is a honor the community of Summerdale, Ala- son, it is impossible not to know of his extraor- deep sense of pride in being called to service. bama, on the occasion of the 100th anniver- dinary political career in Denver, Colorado. Corky Gonzales was like all great heroes, a sary of its founding. Raised during the Great Depression, Corky human being who contributed to the great tra- The Town of Summerdale was founded by Gonzales rose from poverty to become one of dition of being involved in something greater Eli Summer on October 4,1904, was incor- the founding leaders of the Chicano Civil than his own self-interest. In that great tradi- porated in 1929, and was initially intended to

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.040 E03PT1 May 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E853 serve as a major tobacco production center. served thousands of immigrants in desperate bility for her institution that exemplifies NSU’s During the first years of its existence, need of a trusted legal advocate. creed: ‘‘Achieving with Excellence.’’ Summerdale saw the creation of numerous Over the past century, the Legal Aid Society In recognition of Dr. McDemmond’s unwav- businesses including the Cloverdon Store, a has grown and evolved, yet its core mission ering integrity, wisdom and dedicated service turpentine business, a canning factory, and a has remained constant and unwavering—to to others, members of the Commonwealth of sawmill. Additionally, community leaders also provide compassionate support to those un- Virginia’s Congressional delegation offer the oversaw the building of a movie theater and able to afford legal representation, and also to following: the opening of the town’s first newspaper, The advocate on behalf of critical issues facing our Summerdale Record. The earliest school in community. The work of the Legal Aid coun- Our Commonwealth owes Dr. McDemmond Summerdale held classes in the old Masonic selors is far-reaching. During the early part of a debt of gratitude for her outstanding com- mitment to higher education. Her leadership Hall and consisted of just five students and the nineteenth century, Legal Aid attorneys has helped Norfolk State to gain the finan- one teacher. A second school building was helped establish the Cleveland Municipal cial resources and infrastructure necessary constructed in 1915, and the most recent of Court and Small Claims Court that served to for prominence in science and technology. three buildings used for the school continues replace corrupted judicial officials. In 1966, C. The success of her efforts has earned the ac- to be used to this day. Lyonel Jones was appointed the Legal Aid So- colades of government officials and legisla- The town’s first post office was established ciety’s executive director, a position he has tors throughout Virginia, and her insights in 1905, one year after the formation of the today. His passion for social justice and com- have been sought on several occasions by town. Within one year, employees of the post passion for the people of our community is re- President George W. Bush. I join with the other members of Virginia’s Congressional office were delivering mail to residents living flected throughout his tenure. Mr. Jones has Delegation in commending Dr. McDemmond along two rural routes in and around the led his legal team with integrity, heart, convic- for a lifetime of exceptional work.—Senator Summerdale area. Tobacco continued to be a tion and an unwavering focus on numerous John Warner (R–VA) major product of the Summerdale area, with human rights issues, from advocating for the Dr. McDemmond has been one of our Com- one of the leading tobacco manufacturing restoration of the Hough neighborhood in the monwealth’s outstanding educational and businesses, the Summerdale Tobacco Ware- 60’s, winning cases to improve the lives of technological leaders. Her tireless work to house, having been constructed between 1909 those living in psychiatric facilities and nursing secure the financial resources necessary to and 1910. The Summerdale Tobacco Com- homes, advocating on behalf of battered lead Norfolk State University to the fore- pany continued to operate until the late 1920s women, and forcing Republic Steel to comply front in science and technology has helped when a variety of factors, including the effects with the EPA’s Clean Air Act. close the so-called opportunity divide. For of the Great Depression, increasing land Mr. Speaker and Colleagues, please join me her efforts, she has received wide recognition and much deserved praise and admiration. prices, and marketing and labor difficulties, ef- in honor and celebration of every staff mem- She is a leader who will be sorely missed, but fectively brought an end to the production of ber and volunteer of the Legal Aid Society of I am confident she will continue to have a tobacco products in that area. Cleveland, whose individual and collective great influence on Norfolk State’s bright fu- Despite the difficulties experienced in the work over the past century has offered solu- ture—Senator George Allen (R–VA) early part of the Twentieth Century, tions, hope and peace for countless individ- Dr. Marie V. McDemmond has been an in- Summerdale today remains one of the most uals and families. For the past four decades, valuable asset to Norfolk State University attractive communities anywhere in Baldwin the outstanding work of the entire staff, led by and to higher education in Virginia. Norfolk County. The home of Baldwin Electric Man- Executive Director, C. Lyonel Jones, has State University has truly benefited from agement Cooperative (EMC), Summerdale is served to offer many people hope and has her innovative and visionary style, which nestled in the midst of the rapidly growing brought critical social issues into the light of has positioned the university to excel in the 21st century. It has been a distinct pleasure southern half of the county, just minutes from day. Their advocacy continues to strengthen of mine to work with Dr. McDemmond spe- several of the First District’s largest population the foundation of humanity throughout our en- cifically in bridging the digital divide be- centers. tire community, one phone call at a time. tween Historically Black Colleges and Uni- Mr. Speaker, the 754 residents of f versities and other universities. She will be Summerdale, Alabama, are firmly rooted in very much missed at Norfolk State Univer- their proud past, and at the same time are HONORING DR. MARIE V. sity and within the entire collegiate commu- keeping a careful and optimistic eye on the MCDEMMOND nity—Congressman Randy Forbes (R–VA) road ahead. The vision displayed by their Dr. McDemmond is everything a leader community leaders during the past 100 years HON. ROBERT C. SCOTT should be: full of energy, dedicated to her has led to the creation of a stable community OF VIRGINIA students and determined to do the very best for NSU. She has tremendous courage, and and one of the anchors for all of Baldwin IN THE HOUSE OF REPRESENTATIVES she is always willing to tackle big chal- County, and I have no doubt that the contin- Tuesday, May 3, 2005 lenges. Often such people can be intimi- ued inspired leadership and vision of today’s Mr. SCOTT of Virginia. Mr. Speaker, I rise dating, but to the contrary, Dr. McDemmond residents and leaders will lead to even greater is so easy to work with. I consider her a successes in the years ahead. today to honor Dr. Marie V. McDemmond, who great friend, and my prayers are with her as It is my hope the Town of Summerdale con- is retiring from her role as President of Norfolk she retires from her service—Congresswoman tinues its story of success for another one State University (NSU). Thelma Drake (R–VA) hundred years. During her inspiring career in higher edu- Under the leadership of Dr. Marie f cation, Dr. McDemmond has served more McDemmond, Norfolk State University than 35 years as an extraordinary leader and (NSU) has developed into a vibrant institu- IN HONOR OF THE 100TH ANNIVER- educator. Dr. McDemmond has worked tire- tion with cutting edge programs and oper- SARY OF THE LEGAL AID SOCI- lessly to ensure fair access to higher edu- ations. Dr. McDemmond has positioned NSU ETY OF CLEVELAND cation for minority and underserved popu- as a regional leader in information tech- lations throughout the country. Her steadfast nologies and other fields in the southeastern commitment to this principle is well docu- U.S. and a national leader among minority HON. DENNIS J. KUCINICH serving institutions. While Dr. OF OHIO mented through her testimony before Con- McDemmond’s leadership of NSU will be IN THE HOUSE OF REPRESENTATIVES gress and her service on numerous national sorely missed, we are gratified to know that boards and commissions. she has chosen to continue to serve NSU and Tuesday, May 3, 2005 As a member of President Bush’s Board of the greater higher education community by Mr. KUCINICH. Mr. Speaker, I rise today in Advisors for Historically Black Colleges and teaching at NSU. The lives of all she has honor and recognition of the Legal Aid Society Universities, Dr. McDemmond’s service has touched through her dedication and service of Cleveland, as we join them in celebrating brought national recognition to the issue of eq- have been made richer and we are grateful to 100 years of outstanding service in advocating uity in funding and support for minority-serving her for her important contributions—Con- gressman Robert C. ‘‘Bobby’’ Scott (R–VA) for the legal rights of our most vulnerable citi- institutions throughout these United States. zens, our poor. The Legal Aid Society was Dr. McDemmond is the first woman to lead On the occasion of her retirement, it gives formed in May 1905, as a beacon of protec- Norfolk State University and the first African- me great pleasure to recognize and commend tion and hope in assisting low-income individ- American woman to serve as President of a Dr. McDemmond for her service and dedica- uals in matters of legal concern. Isador Gross- four-year college in Virginia. Her success has tion to the cause of higher education in Vir- man was its sole attorney until 1912. He established the financial and academic credi- ginia.

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.043 E03PT1 E854 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2005 NATIONAL TEACHER’S DAY much of her adult life either abroad working to beyond compare, what she has given to us is provide relief to victims of violent conflict, or in greater than the measurable sum of her ac- HON. DANNY K. DAVIS Washington, D.C. lobbying for the foreign aid tions. Marla’s passion for defending human OF ILLINOIS those victims so desperately need. Most re- rights and advocating for those who have no IN THE HOUSE OF REPRESENTATIVES cently, Marla founded a non-profit organization voice led her to challenge convention, and to called Campaign for Innocent Victims In Con- do so without concern for herself. The convic- Tuesday, May 3, 2005 flict (CIVIC), the objective of which is to accu- tion and compassion that drove Marla to do Mr. DAVIS of Illinois. Mr. Speaker, I rise rately count the number of Iraqi civilian deaths everything in her power to help others leaves today in celebration of National Teacher’s in the war. While working to gather first-hand a bright legacy from which we can all draw in- Day, which is taking place today. This week accounts of civilian casualties in Iraq, Marla spiration, and that we must all strive to emu- (May 1–May 7) is Teacher Appreciation Week, was killed when a car bomb exploded in late. On behalf of the 9th Congressional Dis- and as we continually work to improve the Baghdad on April 16, 2005. trict, I salute Marla Ruzicka for all that she American education system, we should take At the time of her death, Marla had been gave of herself to our community, our country time to honor the hardworking, patient, pas- working to advance human rights and social and our world. sionate and understanding people who are the justice for more than ten years. After hearing f backbone of this system. a talk given at her high school in Lakeport, National Teacher’s Day began due to the California by a staff member of the inter- HONORING MR. ANTWAN DEON persistence of Arkansas teacher Mattye Whyte national non-profit group Global Exchange, ODOM ON THE OCCASION OF HIS who wrote to politicians and education leaders she went to the Global Exchange office to see BEING HONORED ON ‘‘ANTWAN starting in 1944 pushing for a national day to what she could do to help. Marla’s energy and ODOM DAY’’ IN BAYOU LA honor teachers. Eleanor Roosevelt persuaded passion for helping those in need was an in- BATRE, ALABAMA the 81st Congress to proclaim such a day in spiration to other activists in the group, and 1953. In March 1985, the National Education she learned quickly as she became more in- HON. JO BONNER Association, NEA, and the National Parent- volved in human rights efforts. In college, OF ALABAMA Teacher Association, PTA, established Teach- Marla chose an institution and course of study IN THE HOUSE OF REPRESENTATIVES er Appreciation Week as the first full week of that allowed her to travel the world, learning Tuesday, May 3, 2005 May, with the first Tuesday remaining as Na- from diverse cultures and helping to facilitate tional Teacher’s Day. relief efforts underway in a number of coun- Mr. BONNER. Mr. Speaker, today I rise to As a former educator, I can attest to the tries. In the course of her travels, Marla honor Mr. Antwan Deon Odom of Bayou La great responsibility that falls on the shoulders worked with people impacted by the AIDS epi- Batre, Alabama, on the occasion of his being of teachers. This responsibility is accepted demic in Zimbabwe, with refugees in Palestine honored by his community on ‘‘Antwan Odom with aplomb by energetic, passionate and car- and rural farming communities in Nicaragua. Day.’’ ing teachers who are dedicated to bettering Following the U.S. invasion of Afghanistan Antwan was born on September 24, 1981, the lives of their students. Teachers are a in 2001, Marla traveled to that country with a in Mobile, Alabama. During his early years, he guiding force in the lives of our youth, just as Global Exchange delegation. She was so worked in Bayou La Batre’s seafood industry they were for us when we were children. As moved by the plight of the civilian victims of and during high school worked part-time after Dan Rather once explained, ‘‘The dream be- this conflict that she met there that she de- class unloading both shrimp boats and crab gins with a teacher who believes in you, who cided to devote her life to providing relief to trucks. Early in life, he became an active foot- tugs and pushes and leads you to the next people in those circumstances. Until the sum- ball player and played in the Zirlott Park youth plateau. . . .’’ mer of 2002, Marla remained in Afghanistan, football league and, later, at Alba Middle and Children are the key to the future of the where she conducted a survey on the military Alba High schools. Following the merger of United States, and we entrust them to the in- campaign’s effects on Afghan civilians and Alma and Bryant High schools, Antwan played credible corps of teachers who give everything used that information to get assistance to the on the new school’s varsity team. His talent they have, each day they enter the classroom. families that were harmed. Immediately fol- and accomplishments on the field drew na- Today, let us remember the teacher’s who lowing her return from Afghanistan, Marla tional attention, and he was named by Parade pushed us to greatness and let us show our moved to Washington, D.C. to lobby for U.S. Magazine to their All-American Team and was appreciation for these teachers and the teach- assistance for civilian victims of armed conflict. also honored as both the Class 6A ‘‘Lineman er’s of today’s children, who through their in- Working with USAID and the Senate Appro- of the Year’’ and the Super Prep Player of the tense dedication leave lasting contributions on priations Committee, Marla advocated the allo- Year. Antwan graduated from Alma-Bryant our society as a whole. cation of money to rebuild homes for families High School in 2000 and received a full foot- ball scholarship to the University of Alabama. f that suffered as a result of U.S. military ac- tions. Antwan’s outstanding success on the Crim- PERSONAL EXPLANATION In 2003, Marla once again heeded the call son Tide football team earned him further ac- of duty and went abroad, this time traveling to colades throughout Alabama and across the HON. RANDY NEUGEBAUER Iraq before the U.S.-led invasion. In the country. Following his freshman year, he was named an honorable mention Freshman All- OF TEXAS months that followed, she founded CIVIC and American by Rivals.com. By the end of his IN THE HOUSE OF REPRESENTATIVES formed survey teams to fan out across the country to gather first-hand accounts of civilian collegiate career, Antwan ranked fifth on the Tuesday, May 3, 2005 casualties. Marla was instrumental in securing university’s all time sack leader list with 21 Mr. NEUGEBAUER. Mr. Speaker, due to of- millions in aid money from the federal govern- and had registered 98 tackles, 40 quarterback ficial congressional business, I missed Rollcall ment for distribution in Iraq, and by the time of pressures, four forced fumbles, one fumble re- vote No. 150 on H. Res. 210, a resolution her death she had interviewed and routed as- covery, five pass deflections, and two blocked supporting the goals of WorId Intellectual sistance to thousands of Iraqis. kicks. Rather than finish his senior year at Ala- Property Day. Had I been present, I would Today we come together in sadness over bama, he opted to declare his eligibility for the have voted ‘‘aye.’’ the loss of someone who was such a bright 2004 National Football League draft. In the f light during such a dark time in our world. second round of the draft, Antwan was made However, we are also here to celebrate the the 57th pick by the Tennessee Titans. HONORING MARLA RUZICKA help and hope Marla devoted her life to giving Mr. Speaker, Antwan Odom is certainly very to people who needed it. Whether pushing the deserving of being honored with his own HON. BARBARA LEE federal government to increase aid to victims hometown celebration. Although he is a OF CALIFORNIA of violent conflict, traveling the world to pro- youngman who has progressed quite far in IN THE HOUSE OF REPRESENTATIVES vide direct relief, or inspiring those around her just a few short years and who has developed simply by being the vibrant and giving person into one of the leading stars in professional Tuesday, May 3, 2005 that she was, Marla never ceased to work for football today, he has not forgotten his roots. Ms. LEE. Mr. Speaker, I rise today to honor what was right and improve the lives of those To this day, he continues to split time between the extraordinary life and work of human rights around her. his hometown and his new home in Ten- activist Marla Ruzicka. Marla devoted her life And though the scope and impact of her nessee, and the fame he has achieved has to fighting for peace and justice, spending work in providing aid to those in need is truly done little to diminish his love for his family,

VerDate Aug 04 2004 06:00 May 04, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.046 E03PT1 May 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E855 his community, and his state. I ask my col- ious Warfare School, and the Armed Forces it affects only the individual servicemember, leagues to join with me in congratulating Staff College, and in 1993 he was selected to but it would allow general increases in pre- Antwan Odom for both the great success he become the first Marine Corps Fellow at the miums if they apply to other persons with simi- has enjoyed in his life and his outstanding rep- RAND Corporation, where he worked to find lar coverage. resentation of the First District of Alabama. I solutions to the issues facing both the Marine Also, under a change to TRICARE eligibility know his family—his wife Brooke, and his Corps and the Nation in the decades ahead. in 2003, members of the National Guard and sons, Antwan, Jr., and Baylor—and many Marc was promoted to the rank of Colonel in Reserve are allowed to begin their TRICARE friends are also proud of him, and I wish his October 1996, and his personal awards in- coverage in advance of actually reporting for entire family much health and success in the clude the Defense Superior Service Medal, active duty. However, under existing provi- time ahead. two Legions of Merit, two Meritorious Service sions of the Uniformed Services Employment f Medals, the Joint Service Commendation and Reemployment Rights Act (USERRA), if Medal, the Navy and Marine Corps Com- reservists elect TRICARE coverage prior to IN RECOGNITION OF COLONEL mendation Medal, and the Navy and Marine departing for active duty and do not continue MARC E. FREITAS, UNITED Corps Achievement Medal. their employer-sponsored health care insur- STATES MARINE CORPS (RET.) In October 2001, Colonel Freitas began his ance until they have begun active duty, they assignment as the Deputy Legislative Assist- may lose their right to reinstatement of cov- HON. WALTER B. JONES ant to the Commandant of the Marine Corps. erage. This measure would conform the OF NORTH CAROLINA In the 3 years he served in this important posi- USERRA health care insurance reinstatement IN THE HOUSE OF REPRESENTATIVES tion, his support to Members of Congress has right to the change in TRICARE eligibility and Tuesday, May 3, 2005 played a vital role in allowing this body to ensure no loss of coverage. Mr. Speaker, these improvements in our Mr. JONES of North Carolina. Mr. Speaker, readily address issues of national importance. laws would further protect members of the Na- today I recognize Colonel Marc E. Freitas on Further, his complete grasp of all facets of tional Guard and Reserve who so willingly the occasion of his retirement from the United naval warfare and his ability to provide this make great personal sacrifices in the defense States Marine Corps. Colonel Freitas has hon- Congress with accurate and timely response of our Nation. I urge my colleagues to support orably served our great Nation for more than to congressional inquiries has helped to en- H.R. 2046, the Servicemembers’ Health Insur- 33 years. sure a bright future for our Marine Corps. A native of Oakland, California, Colonel Throughout his career, Colonel Marc Freitas ance Protection Act of 2005, to provide new Freitas first enlisted in the Marine Corps in has demonstrated those values that we as a health insurance protections for these guard- 1971, earning the title of Marine at the Marine Nation expect from our Marines. His impec- ians of freedom. Corps Recruit Depot, in San Diego California. cable integrity, exceptional moral character, f Within a year, Colonel Freitas was selected to skilled leadership, and absolute profes- TRIBUTE TO KAHUKU HIGH AND become a Marine Officer, and was subse- sionalism have helped to make the Marine INTERMEDIATE SCHOOL quently commissioned a 2nd Lieutenant of Corps the honorable institution it is today. On Marines in June 1974. Following completion of behalf of the Congress and the nation, I wish HON. ED CASE The Basic School at Quantico, Virginia, Colo- Marc, his wife Linda, and their children Jenny OF HAWAII nel Freitas attended and completed Naval and Matthew, fair winds and following seas, as IN THE HOUSE OF REPRESENTATIVES Flight Training at Pensacola, Florida, and was they enter this new chapter of their lives. Tuesday, May 3, 2005 designated a Naval Flight Officer. f Colonel Freitas has served with distinction Mr. CASE. Mr. Speaker, I rise today to ex- throughout his career. His unselfish sacrifice INTRODUCTION OF H.R. 2046, THE tend my deepest congratulations to the incred- has taken him throughout the globe in the SERVICEMEMBERS’ HEALTH IN- ible students of Kahuku High and Intermediate service of our Nation. He has flown RF–4B re- SURANCE PROTECTION ACT OF School for their great achievement in winning connaissance aircraft off the deck of the 2005 4th place at the national finals of the We the U.S.S. Midway during the Iranian Hostage cri- People: The Citizen and the Constitution pro- sis, flown missions from Guantanamo Naval HON. STEVE BUYER gram, held in Washington, DC from April 30 to Base, Cuba, and served with the United OF INDIANA May 2, 2005. These outstanding students from States Air Force, flying reconnaissance aircraft IN THE HOUSE OF REPRESENTATIVES my Oahu’s North Shore underwent months of at Shaw Air Force Base, in Sumter, South Tuesday, May 3, 2005 intensive study and hard-won victories to earn Carolina. He has also held several commands, the right to represent Hawaii in the finals, to include a squadron detachment of Phantom Mr. BUYER. Mr. Speaker, today I am intro- where they competed against a class from aircraft deployed to the Republic of Korea, ducing H.R. 2046, the Servicemembers’ every state in the country and demonstrated a Marine Wing Headquarters Squadron 2 at Ma- Health Insurance Protection Act of 2005, to remarkable understanding of the fundamental rine Corps Air Station, Cherry Pt., North Caro- strengthen the rights of men and women serv- ideas and values of American constitutional lina, and the Marine Aviation Detachment lo- ing in the Reserve components of our armed government. cated at Naval Air Station, China Lake, Cali- forces when they seek to have their health in- This is the second consecutive year in Ha- fornia. surance reinstated upon release from active waii’s 9-year history at this rigorous competi- In 1992, Colonel Freitas deployed to military duty. As Chairman of the Committee tion that Kahuku has competed in the final 10. Mogadishu, Somalia, as the Plans Officer for on Veterans’ Affairs, I am pleased that Mr. This is truly a wonderful accomplishment that the Joint Force Air Component Commander. EVANS, Ranking Minority Member of our Com- our whole state is deeply proud of! His efforts there helped provide relief to mil- mittee; Mr. BOOZMAN, Chairman of the Com- I want to again commend Kahuku’s great lions of Somalis during Operation Restore mittee’s Economic Opportunity Subcommittee; teacher, Sandra Cashman, for her unending Hope. and Ms. HERSETH, the Subcommittee’s Rank- commitment to her students and for producing Perhaps Colonel Freitas’ proudest accom- ing Minority Member, have joined me as origi- new generations of responsible citizens. Com- plishments occurred while assigned as the nal cosponsors in introducing this legislation. mendations are also in order for State Coordi- Deputy Commander of Joint Task Force-Full Frequently, members of the National Guard nator (and State Representative) Lyla Berg Accounting. As the Task Force’s Deputy Com- and Reserve drop their health insurance cov- and District Coordinator Carolina Kaanehe for mander, his efforts were instrumental in re- erage upon their mobilization, because they fostering development of what will surely be solving the fates of hundreds of American and their families have become eligible for the our leaders of tomorrow. servicemen missing as a result of the war in Department of Defense TRICARE health care However, ultimately this competition is by Southeast Asia. Deploying to Vietnam, Laos, system. Under the Servicemembers Civil Re- and about our outstanding students. So I and Cambodia, from the Task Force Head- lief Act (SCRA), a servicemember ordered to would like to extend my heartiest congratula- quarters in Hawaii, Colonel Freitas helped to active duty who terminates health insurance tions to each and all of them by entering their provide answers to the families of these miss- coverage is entitled to reinstatement of cov- names for posterity into our CONGRESSIONAL ing Americans, and in turn contributed to our erage after returning to civilian life, but the RECORD: Genevieve Allen, Yesenia Arevalo, national healing from this tumultuous period of SCRA does not currently expressly protect the Amanda Baize, Bonnie Cameron, Meri Ching, history. servicemember against a premium increase Dannah Christensen, Krystle Corpuz, Oliver Colonel Freitas has completed Marine upon reinstatement. This measure would pro- Howells, Lorna Kekua, Jokke Kokkonen, Jac- Corps Command and Staff College, Amphib- hibit a premium increase upon reinstatement if quelyn Lautaha, William Law, Catalina

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.049 E03PT1 E856 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2005 Markowitz, Ajri McArthur, Sara Mirels, Brad The bill’s purpose is to make it more likely characteristics, such as high acidity and tem- Rasmussen, Ashley Rillamas, Lizette Sauque, that the energy resources in our Western perature, which can adversely affect agricul- Noelle Spring, Shirly Tagayuna, Joseph states will be developed in ways that are pro- tural uses of land or the quality of the environ- Trisolini, and Morgan Wright. You have all tective of vital water supplies and respectful of ment. done your Hawaii proud, and we wish you the rights and interests of the agricultural com- In Colorado and other States in the arid only best wishes and aloha in all of your future munity. It would do three things: West, water is scarce and precious. So, as we endeavors. First, it would establish clear requirements work to develop our domestic energy re- f for proper management of ground water that is sources, it is vital that we safeguard our extracted in the course of oil and gas develop- water—and I believe that clear requirements IN HONOR OF THE NEWLY NAMED, ment. for proper disposal of these extracted waters WALTER F. EHRNFELT, JR. U.S. Second, it would provide for greater involve- are necessary in order to avoid some of these POST OFFICE ment of surface owners in plans for oil and adverse effects. That is the purpose of the first gas development and requires the Interior De- part of the bill. HON. DENNIS J. KUCINICH partment to give surface owners advance no- The bill (in Title I) includes two requirements OF OHIO tice of lease sales that would affect their lands regarding extracted water. IN THE HOUSE OF REPRESENTATIVES and to notify them of subsequent events re- First, it would make clear that water ex- Tuesday, May 3, 2005 lated to proposed or ongoing energy develop- tracted from oil and gas development must Mr. KUCINICH. Mr. Speaker, I rise to today ment. comply with relevant and applicable discharge in tribute and remembrance of Mayor Walter Finally, it would require developers to draft permits under the Clean Water Act. Lawsuits F. Ehrnfelt, Jr., as the U.S. Post Office in the reclamation plans and post reclamation bonds have been filed in some western states re- City of Strongsville is renamed in honor of his for the restoration of lands affected by drilling garding whether or not these discharge per- outstanding legacy. Mayor Ehrnfelt was a de- for federal oil and gas. mits are required for coalbed methane devel- voted family man, accomplished community The bill is based on one I introduced in the opment. The bill would require oil and gas de- leader, and admired friend and mentor. His vi- 108th Congress that was endorsed by the Col- velopment to secure permits if necessary and sion, integrity and love for his community led orado Farm Bureau. I have made revisions required, like any other entity that may dis- the City of Strongsville through an amazing suggested by the American Farm Bureau Fed- charge contaminates into the waters of the journey that extended over a quarter of a cen- eration, which has indicated its support for the United States. tury, leading this quiet, rural village through bill as I am introducing it today. Second, the bill would require those who the evolution of inevitable progress, without Mr. Speaker, the western United States is develop federal oil or gas—including coalbed compromising the City’s historical significance blessed with significant energy resources. In methane—under the Mineral Leasing Act to or rustic charm. appropriate places, and under appropriate take steps to make sure their activities do not Members of the United States House of conditions, they can and should be developed harm water resources. Under this legislation, Representatives and the United States Senate for the benefit of our country. But it’s important oil or gas operators who damage a water re- came together to pay official tribute to the life to recognize the importance of other re- source—by contaminating it, reducing it, or in- and legacy of Mayor Ehrnfelt. The United sources—particularly water—and other uses of terrupting it—would be required to provide re- States House of Representatives unanimously the lands involved—and this bill responds to placement water. And the bill requires that adopted House Resolution 3300, co-spon- this need. water produced under a mineral lease must be sored by Congressman STEVEN LATOURETTE, PURPOSES OF LEGISLATION dealt with in ways that comply with all Federal and myself, in November 2003. In June 2004, The primary purposes of the Western Wa- and State requirements. the United States Senate adopted the Resolu- ters and Farmlands Protection Act are—(1) to Further, because water is so important, the tion. assure that the development of those energy bill requires oil and gas operators to make the Mayor Ehrnfelt did not seek a path of public resources in the West will not mean destruc- protection of water part of their plans from the leadership—it sought him. In 1973, Mayor tion of precious water resources; (2) to reduce very beginning, requiring applications for oil or Ehrnfelt’s neighbors and friends urged him to potential conflicts between development of en- gas leases to include details of ways in which run for a District School Board seat, against a ergy resources and the interests and concerns operators will protect water quality and quan- divisive member who was leading an effort to of those who own the surface estate in af- tity and the rights of water users. ban books and fire teachers. He won that fected lands; and (3) to provide for appropriate These are not onerous requirements, but race, and again at the urging of those around reclamation of affected lands. they are very important—particularly with the him, reluctantly ran for a Council seat and WATER QUALITY PROTECTION great increase in drilling for coalbed methane won. Just five years later, Mayor Ehrnfelt was One new energy resource is receiving great and other energy resources in Colorado, Wyo- appointed Mayor. In 1979 he won his first attention—gas associated with coal deposits, ming, Montana, and other western states. mayoral race by a landslide, and served as often referred to as coalbed methane. An Oc- SURFACE OWNER PROTECTION Mayor for 25 years. He quickly became the tober 2000 United States Geological Survey In many parts of the country, the party that most popular and beloved Mayor in the history report estimated that the U.S. may contain owns the surface of some land does not nec- of Strongsville. more than 700 trillion cubic feet (tcf) of coal- essarily own the minerals beneath those Mr. Speaker and Colleagues, please join me bed methane and that more than 100 tcf of lands. In the West, mineral estates often be- in honor, gratitude and remembrance of Mayor this may be recoverable using existing tech- long to the federal government while the sur- Walter F. Ehrnfelt—an exceptional man and nology. In part because of the availability of face estates are owned by private interests, caring leader whose life profoundly impacted these reserves and because of tax incentives who typically use the land for farming and the lives of thousands. His passing marks a to exploit them, the West has seen a signifi- ranching. deep loss for countless people who called him cant increase in its development. This split-estate situation can lead to con- friend including me. The power of his kind- Development of coalbed methane usually in- flicts. And while I support development of en- ness, grace, tenacity and heart served to uplift volves the extraction of water from under- ergy resources where appropriate, I also be- every level of the Strongsville community, and ground strata. Some of this extracted water is lieve that this must be done responsibly and in his memory and legacy will never be forgotten. reinjected into the ground, while some is re- a way that demonstrates respect for the envi- f tained in surface holding ponds or released ronment and overlying landowners. REINTRODUCTION OF THE WEST- and allowed to flow into streams or other The second part of the bill (Title II) is in- ERN WATERS AND FARM LANDS water bodies, including irrigation ditches. tended to promote that approach, by estab- PROTECTION ACT The quality of the extracted waters varies lishing a system for development of federal oil from one location to another. Some are of and gas in split-estate situations that resem- HON. MARK UDALL good quality, but often they contain dissolved bles—but is not identical to—the system for minerals (such as sodium, magnesium, ar- development of federally-owned coal in similar OF COLORADO senic, or selenium) that can contaminate other situations. IN THE HOUSE OF REPRESENTATIVES waters—something that can happen because Under federal law, the leasing of federally Tuesday, May 3, 2005 of leaks or leaching from holding ponds or be- owned coal resources on lands where the sur- Mr. UDALL of Colorado. Mr. Speaker, today cause the extracted waters are simply dis- face estate is not owned by the United States I am again introducing the Western Waters charged into a stream or other body of water. is subject to the consent of the surface estate and Farm Lands Protection Act. In addition, extracted waters often have other owners. But neither this consent requirement

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.053 E03PT1 May 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E857 nor the operating and bonding requirements Department, a program to provide technical and posting of an adequate bond. This sec- applicable to development of federally owned assistance to state and tribal governments that tion also requires the Interior Department to locatable minerals applies to the leasing or de- are working to correct environmental problems provide surface owners with an opportunity to comment on proposed plans of operations, velopment of oil or gas in similar split-estate cased by abandoned wells on other lands. participate in decisions regarding the situations. The bill would authorize annual appropriations amount of the bonds that will be required, I believe that that there should be similar re- of $5 million in fiscal 2005 and 2006 for the and to participate in on-site inspections if spect for the rights and interests of surface es- federal program and annual appropriations of the surface owners have reason to believe tate owners affected by development of oil $5 million in fiscal 2005, 2006, and 2007 for that plans of operations are not being fol- and gas and that this should be done by pro- the program of assistance to the states and lowed. In addition, this section allows sur- viding clear and adequate standards and in- tribes. face owners to petition the Interior Depart- creasing the involvement of surface owners. Mr. Speaker, our country is overly depend- ment for payments under bonds to com- Accordingly, the bill requires the Interior De- ent on fossil fuels, to the detriment of our envi- pensate for damages and authorizes the Inte- partment to give surface owners advance no- rior Department to release bonds after the ronment, our national security, and our econ- energy development is completed and any tice of lease sales that would affect their lands omy. We need to diversity our energy portfolio damages have been compensated. and to notify them of subsequent events re- and increase the contributions of alternative Section 204 requires the Interior Depart- lated to proposed or ongoing developments energy sources. However, for the foreseeable ment to notify surface owners about lease related to such leases, future, petroleum and natural gas (including sales and subsequent decisions involving fed- In addition, the bill requires that anyone pro- coalbed methane) will remain important parts eral oil or gas resources in their lands. posing to drill for federal minerals in a split-es- of our energy portfolio—and I support their de- Title III.—This title amends current law to tate situation must first try to reach an agree- require parties producing oil or gas under a velopment in appropriate areas and in respon- federal lease to restore affected lands and to ment with the surface owner that spells out sible ways. I believe this legislation can move post bonds to cover reclamation costs. It what will be done to minimize interference with us closer toward this goal by establishing also requires the GAO to review Interior De- the surface owner’s use and enjoyment and to some clear, reasonable rules that will provide partment implementation of this part of the provide for reclamation of affected lands and greater assurance and certainty for all con- bill and to report to Congress about the re- compensation for any damages. cerned, including the energy industry and the sults of that review and any recommenda- I am convinced that most energy companies residents of Colorado, New Mexico, and other tions for legislative or administrative want to avoid harming the surface owners, so Western states. Here is a brief outline of its changes that would improve matters. I expect that it will usually be possible for Title IV.—This title deals with abandoned major provisions: oil or gas wells. It includes three sections: them to reach such agreements. However, I OUTLINE OF BILL Section 401 defines the wells that would be recognize that this may not always be the SECTION 1.—This section provides a short covered by the title. case—and the bill includes two provisions that title (‘‘Western Waters and Farm Lands Pro- Section 402 requires the Interior Depart- address this possibility: (1) if no agreement is tection Act’’), makes several findings about ment, in cooperation with the Department of reached within 90 days, the bill requires that the need for the legislation, and states the Agriculture, to establish a program for rec- the matter be referred to neutral arbitration; bill’s purpose, which is ‘‘to provide for the lamation and closure of abandoned wells on and (2) the bill provides that if even arbitration protection of water resources and surface es- federal lands or that were drilled for develop- ment of federally-owned minerals in split-es- fails to resolve differences, the energy devel- tate owners in the development of oil and gas resources, including coalbed methane.’’ tate situations. It authorizes appropriations opment can go forward, subject to Interior De- Title I.—This title deals with the protec- of $5 million in fiscal years 2005 and 2006. partment regulations that will balance the en- tion of water resources. It includes three sec- Section 403 requires the Interior Depart- ergy development with the interests of the sur- tions: ment, in consultation with DOE, to establish face owner or owners. Section 101 amends current law to specify a program to assist states and tribes to rem- As I mentioned, these provisions are pat- that an operator producing oil or gas under edy environmental problems caused by aban- terned on the current law dealing with devel- a federal lease must—(1) replace a water sup- doned oil or gas wells on non-federal and In- opment of federally-owned coal in split-estate ply that is contaminated or interrupted by dian lands. It authorizes appropriations of $5 million in fiscal years 2006, 2007, and 2008. situations. However, it is important to note one drilling operations; (2) comply with all appli- cable requirements of Federal and State law f major difference—namely, while current law for discharge of water produced under the allows a surface owner to effectively veto de- lease; and (3) develop a proposed water man- TRIBUTE TO HOBBY’S DELI- velopment of coal resources, under the bill a agement plan before obtaining a lease. CATESSEN AND RESTAURANT’S surface owner ultimately could not block de- Section 102 amends current law to make ‘‘OPERATION SALAMI DROP’’ velopment of oil or gas underlying his or her clear that extraction of water in connection lands. This difference reflects the fact that ap- with development of oil or gas (including HON. DONALD M. PAYNE propriate development of oil and natural gas is coalbed methane) is subject to an appro- priate permit and the requirement to mini- OF NEW JERSEY needed. mize adverse effects on affected lands or wa- IN THE HOUSE OF REPRESENTATIVES RECLAMATION REQUIREMENTS ters. Tuesday, May 3, 2005 The bill’s third part (Titles III and IV) ad- Section 103 provides that nothing in the dresses reclamation of affected lands. bill will—(1) affect any State’s right or juris- Mr. PAYNE. Mr. Speaker, earlier today be- Title III would amend the Mineral Leasing diction with respect to water; or (2) limit, fore returning to Washington, I had the privi- Act by adding an explicit requirement that par- alter, modify, or amend any interstate com- lege of participating in a remarkable and in- ties that produced oil or gas (including coalbed pact or judicial rulings that apportion water spiring event organized by the owners of Hob- among and between different States. by’s Delicatessen and Restaurant, a proud methane) under a federal lease must restore Title II.—This title deals with the protec- the affected land so it will be able to support tion of surface owners. It includes four sec- Newark institution for the past ninety-five the uses it could support before the energy tions: years. In a spirit of generosity and patriotism, development. Toward that end, this part of the Section 201 provides definitions for several Michael and Marc Brummer, co-owners of this bill requires development of reclamation plans terms used in Title II. family-owned and operated establishment, and posting of reclamation bonds. In addition, Section 202 requires a party seeking to de- have organized a campaign known as ‘‘Oper- so Congress can consider whether changes velop federal oil or gas in a split-estate situ- ation Salami Drop’’ to provide a culinary piece ation to first seek to reach an agreement of home to our troops in Iraq specifically the are needed, the bill requires the General Ac- with the surface owner or owners that spells counting Office to review how these require- out how the energy development will be car- 42nd Infantry ‘‘Rainbow’’ Division based in ments are being implemented and how well ried out, how the affected lands will be re- Tikrit. Initially, Michael sent a care package of they are working. claimed, and that compensation will be made hard salami and black and white cookies to And, finally, Title IV would require the Inte- for damages. It provides that if no such his former college roommate, Captain Michael rior Department to—(1) establish, in coopera- agreement is reached within 90 days after Rothman, who is currently serving our country tion with the Agriculture Department, a pro- the start of negotiations the matter will be in Iraq. Upon hearing how well the package gram for reclamation and closure of aban- referred to arbitration by a neutral party was received by Captain Rothman and his fel- identified by the Interior Department. doned oil or gas wells located on lands man- Section 203 provides that if no agreement low soldiers, the Brummer brothers decided to aged by an Interior Department agency or the under section 202 is reached within 90 days send salami to the entire 42nd Infantry Divi- Forest Service or drilled for development of after going to arbitration, the Interior De- sion stating, ‘‘We had been looking for some- federal oil or gas in split-estate situations; and partment can permit energy development to thing we could do for our troops and this was (2) establish, in consultation with the Energy proceed under an approved plan of operations a perfect fit.’’

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.056 E03PT1 E858 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2005 Having patronized Hobby’s for many years, my district. We should also recognize the in- Concert, included performances by former stu- I can attest to the fact that this show of com- valuable contributions of the National Edu- dents who have distinguished themselves in munity spirit is in keeping with the reputation cation Association, American Federation of the performing arts. Among them was re- of this wonderful institution that has served Teachers, and the Parent Teacher Associa- nowned opera singer, Heidi Skok (Riverside generations of New Jerseyans, New Yorkers tion, of which I was a member and former Class of 1985), who encapsulated Mr. and connoisseurs of the deli world. As a president. Shaner’s influence on his students, ‘‘He in- young executive at Prudential, I would con- Today, let us not only commit to teachers in stilled a sense of discipline that even today I verse with the older Mr. Brummer, who would words but in our actions. We have the obliga- use in my career . . . he always set the bar engage his customers in lively conversation. tion and power to make their jobs easier. We up higher and made you want to grab that bar, When other businesses moved to the suburbs, could start by fully funding the No Child Left which is what helps you succeed.’’ Hobby’s remained a part of our neighborhood, Behind Act, created not only to hold schools During the last days of his life, he spoke by faithfully serving their loyal customers. The and teachers accountable but also the Con- telephone to many of his former students and business has been owned by Samuel gress. It is a dishonor to our teachers that this colleagues whose lives he continued to touch Brummer since 1962, and his sons joined him program is underfunded by $27 billion. as both a friend and mentor. His discipline and in the late 1980’s. Sam’s lovely wife Ronni Because, it makes no sense that they be selfless dedication to his students and his craft handles accounts receivables, and his hard- held accountable without the resources they were legendary. He said it best himself, ‘‘I working 94-year-old mother-in-law Helen still need to successfully implement their job. dedicated my life to teaching and play-direct- handles the bills. This day is of particular significance, as I ing and making students live the very best The Newark community has rallied around have long championed the need for more em- lives they can. One must be proud of oneself. our troops by participating in ‘‘Operation Sa- phasis in science and math education, particu- Teachers need to set an example for stu- lami Drop’’. For ten dollars, customers can buy larly for young children. I believe teachers help dents.’’ a salami and deli mustard to send to a solider illustrate to students how they will become to- Mr. Shaner joined the faculty of Riverside in the 42nd. Customers also have a chance to morrow’s leaders in these fields that are im- High School in 1951, where he taught English, write a note to the soldier receiving the pack- portant to our future. Showing students the im- drama and theater. In his illustrious 34-year age, adding a nice personal touch. portance and the value of the science and career, he produced 54 plays, including The Newark Branch of the United States technology fields is a lifelong process. ‘‘Annie Get your Gun,’’ ‘‘Seventeen,’’ ‘‘The Postal Service also became involved by pro- Mr. Speaker, I ask my colleagues to join me Man Who Came to Dinner,’’ ‘‘Meet Me in St. viding boxes and assisting in the shipping in congratulating our nation’s teachers on Na- Louis,’’ ‘‘The Sound of Music,’’ ‘‘Camelot,’’ process. ‘‘It doesn’t matter how you feel about tional Teacher Day. ‘‘The Miracle Worker,’’ ‘‘Fiddler on the Roof,’’ the war,’’ Marc Brummer said. ‘‘This is a f ‘‘The Diary of Anne Frank’’ and ‘‘Bye Bye Bird- chance to show the troops that you care about ie.’’ HONORING DAVID W. SHANER them.’’ David W. Shaner is more than worthy of re- Today Hobby’s hosted the ‘‘Departure Cere- ceiving Congressional recognition today on mony,’’ shipping the first two tons of salamis HON. STEVEN C. LaTOURETTE National Teacher Day—a day fitting to honor to Iraq. Mr. Speaker, I know my colleagues OF OHIO America’s classroom heroes. I urge my col- here in the U.S. House of Representatives join IN THE HOUSE OF REPRESENTATIVES leagues to join me in honoring this remarkable me in honoring Hobby’s Delicatessen and ex- Tuesday, May 3, 2005 person, and I ask that all Americans thank a pressing our gratitude for the contribution they teacher today. have made to our troops overseas. Mr. LATOURETTE. Mr. Speaker, today is National Teacher Day. It is a day for honoring f f teachers and recognizing the lasting contribu- APRIL 27, 2005 REMARKS OF TURK- NATIONAL TEACHER DAY tions they make to our lives. This day ac- ISH PRIME MINISTER ERDOGAN knowledges the fact that a great teacher can HON. EDDIE BERNICE JOHNSON make a world of difference in any child’s life. HON. VIRGINIA FOXX A great teacher may be the bridge between OF TEXAS OF NORTH CAROLINA the mediocre and true excellence. Our society IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES owes a debt of gratitude to those teachers Tuesday, May 3, 2005 who have helped us along the way. Tuesday, May 3, 2005 Ms. EDDIE BERNICE JOHNSON of Texas. In this spirit, I rise today to honor the life of Ms. FOXX. Mr. Speaker, I would like to Mr. Speaker, I would like to join my colleagues an extraordinary teacher, David W. Shaner. enter into the CONGRESSIONAL RECORD some in honoring our most honorable profession— On February 3, 2005, at the age of 83, Mr. remarks made on April 27th, 2005 by Turkish teaching. Today, we take time to pay tribute to Shaner died near his winter home in the Vil- Prime Minister Erdogan in his address to the teachers on National Teacher Day. I want to lages, Florida. Prior to his retirement, Mr. Turkish Parliament. Whatever side of the polit- echo this year’s theme which is, ‘‘Thank a Shaner was a teacher at Riverside High ical spectrum you fall on, Prime Minister teacher for making our public schools great.’’ School in Painesville, Ohio. Erdogan’s remarks are encouraging as he at- Too many times, teachers are criticized as Mr. Shaner was born Sept. 18, 1921, in tempts to demonstrate Turkey’s continued a result of the myriad, complexity of the Cherry Tree, PA. Since his retirement in 1985, commitment to the betterment of Turkish-U.S. modem educational system. But without the Mr. Shaner divided his time between his relations and its willingness to support resolu- hard work and dedication of our nation’s homes in Erie, PA, Painesville and the Vil- tion of the War on Terror including in Iraq, the teachers, our children would be down a far lages, FL. Arab-Israeli conflict, and reconstruction of Af- worse course. Although teachers are respon- He served in the U.S. Army during World ghanistan. I also commend to your attention a sible for the academic life of a student, they War II, in the China-Burma-India theatre, at- statement by the Turkish Ministry of Foreign also significantly impact the personal lives of taining the rank of Master Sergeant. He was Affairs on the same day with regard to the students in ways that stay with them forever. an honors graduate of Lebanon Valley Col- Syrian withdrawal of its military forces from We all have a favorite teacher that made a dif- lege. Lebanon. ference in our lives. As a teacher, Mr. Shaner demanded excel- Turkish Prime Minister Erdogan addressed The idea of National Teacher’s Day began lence, and most often received it. He had little the group of his party members represented with an Arkansas teacher named Mattye patience for laziness or ‘‘can’t do’’ attitudes. in the Turkish Parliament on April 27, 2005. Whyte Woodridge in 1944. Ms. Woodridge He also had a remarkable zeal for life. He was The following are excerpts from his remarks began exploring the need for a national day to brilliant, lively, humorous, and loved the arts. on Turkish-US relations, as picked up by the honor teachers with political leaders and edu- Mr. Shaner was very devoted to his family, Turkish media: cators. In 1953, she wrote to Eleanor Roo- his friends and his former students. He con- Recently much has been said and written sevelt who convinced Congress to proclaim a sistently encouraged his students to reach for in press and before the public opinion about Turkish-US relations. As I was sad to ob- National Teacher Day. greatness in order to realize their potential. serve, some of those were either not correct As we honor teachers on this special day, I As recently as 1998, the community gath- or highly exaggerated. would like to thank the more than 10,000 ered in his honor in The David W. Shaner Au- I should state foremost that relations with teachers in the Dallas Independent School ditorium at Riverside High School in Paines- the United States continue to be one of the District who so valiantly serve the students in ville Township. The event, The Living Legacy fundamental axes of our foreign policy.

VerDate Aug 04 2004 05:37 May 04, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.059 E03PT1 May 3, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E859 In view of the unanimity of interests and Naturally, such issues as reaching a just which will serve until the end of August have objectives that is an outcome of the neces- resolution of the Cyprus problem, fighting mingled with the Afghan people and carry sity to address the multi dimensional PKK terror, as well as Armenian allegations out their duties based on mutual love and re- threats of the 21st century, the firm founda- form important items of our bilateral agen- spect. tions laid by 50 years of alliance are increas- da. If we act together on these issues, it is Turkey will continue to be the region’s ingly important today. clear that we can make progress to the ben- guarantee for peace and confidence. It is obvious that, although occasionally efit of all parties, and the Turkish-US rela- we may differ on the methods to deal with tions will be further strengthened. All concepts that would overshadow peace, extraordinary issues, these do not negate the Against this background, we must be alert and recall hatred and violence have been common understanding regarding final ob- against the efforts by certain groups and lob- fully rejected by the Turkish people’s philos- jectives and the necessity to cooperate. bies, which are unhappy about developing ophy of life, culture, civilization and histor- For instance, our common objective to es- Turkish-US relations, to undermine the ical experience. tablish a democratic regime in Iraq that pre- agenda; we must not let them succeed in Turkey follows a realistic and balanced serves the country’s territorial integrity, that regard. policy with regard to all conflicts including makes it imperative for Turkey and the The Turkish people have not forgotten the the Israeli-Palestinian dispute, and has United States to remain in close consulta- support given by the United States, with earned the confidence of both parties. which we remained in solidarity for the last tion and collaboration. I will visit Israel and Palestine on May 1– half century, to Turkey on such issues as This necessity is valid for many issues that 2. are interrelated. membership to the EU, fight against terror, Our objective is to see how this problem in Therefore, one of my government’s prior- and the energy routes. They appreciate that the Middle East be ended by peace, and what ities is to develop the relations between Tur- today as in the future we will continue to task Turkey may undertake to that effect. key, which is turning into a regionally as need each other. At the same time, I should well as a globally important and respected expressly note that positive responses, not Previously, Foreign Minister Gu¨ l has paid power thanks to our domestic and foreign only by the United States, but by all our al- visit to Israel and Palestine. Through this policies, and the United States based on mu- lies and partners to our rightful expecta- visit we have entered into close working re- tual interests. tions, would greatly contribute to the lationship with both Palestine and Israel to To that effect, it is important foremost quenching of occasional feelings of dismay in promote the peace process which has re- that functioning channels of communication our public opinion. cently encountered a window of opportunity. Relations between Turkey and the United remain open in a way that enables a healthy States will continue to improve. dialogue. In his speech Prime Minister Erdog˘ an has STATEMENT BY THE TURKISH MINISTRY OF I am happy to underscore that this view is also informed the Parliamentarians of his re- FOREIGN AFFAIRS, NO: 68—APRIL 27TH, 2005 shared by both our countries. cent visit to Afghanistan and the upcoming Following a number of visits including by We welcome the statement by Syria that it visit to Israel and Palestine: Secretary Rice to Turkey from the US side, The heartrending conditions in Afghani- has withdrawn its military forces and secu- recently the Undersecretary of the Turkish stan impose serious responsibilities on us. rity personnel from Lebanon in accordance Ministry of Foreign Affairs has paid a useful Wars have worn out Afghanistan. with U.N. Security Council Resolution 1559 visit to the US. In this visit the parties have In Kabul children receive education in as of April 26, 2005. reconfirmed the existing strong will to im- tents. I have better understood at my visit to We hope that with the confirmation by the prove cooperation. High level contacts and Afghanistan that our responsibilities have U.N. of the content of this statement, a situ- visits will continue in the time ahead. increased. ation that has been the source of tension in Recently the US administration has been We have decided in the Council of Min- our region, will disappear. following a policy that emphasizes mutual isters to build schools and hospitals in Af- This development is important for the sta- dialogue on all issues with the allies. ghanistan, support housing and water supply bility of both Lebanon and Syria as well as Almost every subject that finds a place in through Turkish Economic Development our region and will serve the interests of all the transatlantic agenda also exists on the Agency. agenda of Turkey and Turkish-US relations. We will start by building 7 schools and will the regions. It is necessary that we should further de- continue based on the areas designated by In view of this development, Turkey hopes velop cooperation based on a forward looking the Afghan authorities. Similarly, we intend that the democratic process in Lebanon pro- positive agenda on all issues from Iraq to the to construct health centers and a hospital in ceed in the time ahead in accordance with resolution of the Arab-Israeli dispute, sta- Kabul. We will rapidly realize our contribu- the expectations of the international com- bility of the Caucasus and Central Asia, re- tions. This is our historical and moral re- munity, and that the elections in the coun- form in the Middle East, reconstruction of sponsibility. try be held in an environment that would Afghanistan, fight against terror and energy The Turkish armed forces have assumed allow the Lebanese people to freely exercise security. the ISAF lead for the second time. Our forces their political will.

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HIGHLIGHTS See Resume of Congressional Activity. Senate Chamber Action Committee Meetings The Senate was not in session today. It will next No committee meetings were held. meet on Monday, May 9, 2005, at 2 p.m. h House of Representatives Recess: The House recessed at 12:56 p.m. and re- Chamber Action convened at 2 p.m. Page H2748 Measures Introduced: 23 public bills, H.R. Commission on Civil Rights—Appointment: The 2043–2065; and; 3 resolutions, H. Con. Res. 1143, Chair announced the Speaker’s reappointment, upon and H. Res. 253, 256, were introduced. the recommendation of the Minority Leader, of Mr. Pages H2879–80 Michael Yaki of San Francisco, California to the Additional Cosponsors: Pages H2880–81 Commission on Civil Rights for a six-year term. Reports Filed: Reports were filed today as follows: Page H2751 H.R. 32, to amend title 18, United States Code, Suspensions: The House agreed to suspend the rules to provide criminal penalties for trafficking in coun- and pass the following measures: terfeit marks, amended (H. Rept. 109–68); Congratulating charter schools for their con- H. Res. 254, providing for consideration of H.R. tributions to education: H. Res. 218, congratulating 366, to amend the Carl D. Perkins Vocational and charter schools and their students, parents, teachers, Technical Education Act of 1998 to strengthen and and administrators across the United States for their improve programs under that Act (H. Rept. ongoing contributions to education; Pages H2751–56 109–69); H. Res. 255, providing for consideration of H.R. Honoring the late playwright Arthur Miller and 1185, to reform the Federal deposit insurance system the University of Michigan: H. Res. 216, amended, (H. Rept. 109–70); to honor the late playwright Arthur Miller and the H.R. 1187, Department of Homeland Security University of Michigan for its intention of building Authorization Act for Fiscal Year 2006, amended a theatre in his name; and Pages H2756–58 (H. Rept. 109–71, Part 1); and Observing the 30th anniversary of the fall of the Conference Report to accompany H.R. 1268, Republic of Vietnam: H. Res. 228, amended, ob- making Emergency Supplemental Appropriations for serving the 30th anniversary of the fall of the Re- Defense, the Global War on Terror, and Tsunami public of Vietnam to the Communist forces of North Relief (H. Rept. 109–72). Pages H2878–79 Vietnam, by a 2⁄3 yea-and-nay vote of 416 yeas with Speaker: Read a letter from the Speaker wherein he none voting ‘‘nay’’, Roll No. 152. appointed Representative Petri to act as Speaker Pro Pages H2758–62, H2778–79 Tempore for today. Page H2745

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VerDate Aug 04 2004 07:55 May 04, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY5.REC D03MY5 May 3, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D433 Agreed to amend the title so as to read: resolution Read a letter from the Minority Leader wherein honoring the contributions of Vietnamese Americans she appointed Dr. Joseph Cooper of Maryland to the to American society over the past three decades. Advisory Committee on the Records of Congress. Page H2779 Page H2780 Suspensions—Proceedings Postponed: The House Read a letter from the Clerk of the House wherein completed debate on the following measures under he appointed Susan Palmer of Aurora, Illinois to the Advisory Committee on the Records of Congress. suspension of the rules. Further proceedings will re- sume tomorrow, May 4. Page H2780 Quorum Calls—Votes: Two yea-and-nay votes de- Calling on the Government of the Federal Re- veloped during the proceedings today and appear on public of Nigeria to transfer Charles Ghankay pages H2777–78 and H2778–79. There were no Taylor to the Special Court for Sierra Leone: H. quorum calls. Con. Res. 127, calling on the Government of the Federal Republic of Nigeria to transfer Charles Adjournment: The House met at 12:30 p.m. and Ghankay Taylor, former President of the Republic of adjourned at 11:59 p.m. Liberia, to the Special Court for Sierra Leone to be tried for war crimes, crimes against humanity, and Committee Meetings other serious violations of international humanitarian ARCHITECT OF THE CAPITOL law; Pages H2762–65 Committee on Appropriations: Held a hearing on the Recognizing the 60th anniversary of VE Day Architect of the Capitol. Testimony was heard from and the Liberation of Western Bohemia: H. Res. Alan Hantman, Architect of the Capitol. 195, recognizing the 60th anniversary of Victory in OVERSIGHT—USA PATRIOT ACT Europe (VE) Day and the Liberation of Western Bo- IMPLEMENTATION hemia; and Pages H2765–66 Committee on the Judiciary: Subcommittee on Crime, Recognizing the 60th anniversary of VE Day Terrorism and the Committee on Homeland Security during WWII: H. Res. 233, amended, recognizing held an oversight hearing on the Implementation of the 60th anniversary of Victory in Europe (VE) Day the USA PATRIOT Act: Sections 201, 202, 223 of during World War II. Pages H2767–68 the Act that Address Criminal Wiretaps, and Section Recess: The House recessed at 4:15 p.m. and recon- 213 of the Act that Addresses Delayed Notice. Tes- vened at 5:30 p.m. Page H2768 timony was heard from Chuck Rosenberg, Chief of Staff, Deputy Attorney General, Department of Jus- Privileged Resolution: The House agreed that the tice; Michael Sullivan, U.S. Attorney, District of Chair be authorized to postpone further proceedings Massachusetts; former Representative Bob Barr of on a motion to lay on the table H. Res. 253 to a Georgia; and a public witness. time designated by the Speaker. Page H2768 The House agreed to table H. Res. 253, relating VOCATION AND TECHNICAL EDUCATION FOR THE FUTURE ACT to a question of privileges of the House by a yea- and-nay vote of 220 to 196 nays, Roll No. 151. Committee on Rules: Granted, by voice vote, a struc- Pages H2768–78 tured rule providing one hour of general debate on H.R. 366, Vocational and Technical Education for Late Report: Agreed that the managers on the part the Future Act, equally divided and controlled by of the House have until midnight tonight to file the the chairman and ranking minority member of the conference report to accompany H.R. 1268. Committee on Education and the Workforce. The Page H2778 rule waives all points of order against consideration Privileged Resolution—Intent to Offer: Rep- of the bill. The rule provides that the amendment resentative Nadler announced his intention to offer in the nature of a substitute recommended by the a privileged resolution raising a question of the Committee on Education and the Workforce now privileges of the House. Pages H2779–80 printed in the bill shall be considered as an original bill for the purpose of amendment. The rule makes Advisory Committee on the Records of Con- in order only those amendments printed in the Rules gress—Appointments: The Chair announced the Committee report accompanying the resolution. The Speaker’s reappointment of Mr. Timothy J. Johnson rule provides that the amendments printed in the re- of Minnetonka, Minnesota to the Advisory Com- port may be considered only in the order printed in mittee on the Records of Congress. Page H2780 the report, may be offered only by a Member des- ignated in the report, shall be considered as read,

VerDate Aug 04 2004 07:55 May 04, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY5.REC D03MY5 D434 CONGRESSIONAL RECORD — DAILY DIGEST May 3, 2005 shall be debatable for the time specified in the re- Committee on Energy and Commerce, to mark up the fol- port, equally divided and controlled by the pro- lowing measures: H.R. 869, To amend the Controlled Substances Act to lift the patient limitation on pre- ponent and an opponent, shall not be subject to scribing drug addiction treatments by medical practi- amendment, and shall not be subject to a demand tioners in group practices; H.R. 184, Controlled Sub- for a division of the question in the House or in the stances Export Reform Act of 2005; H. Res. 169, Recog- Committee of the Whole. The rule waives all points nizing the importance of sun safety; H.R. 1812, Patient of order against the amendments printed in the re- Navigator Outreach and Chronic Disease Prevention Act of 2005; and H. Res. 250, Supporting the goals and port. Finally, the rule provides one motion to recom- ideals of National Hepatitis B Awareness Week, 10 a.m., mit with or without instructions. Testimony was 2123 Rayburn. heard from Chairman Boehner and Representatives Subcommittee on Oversight and Investigations, hearing Castle, Woolsey and Wu. on the State of Readiness for the 2005–2006 Flu Season, 2 p.m., 2123 Rayburn. FEDERAL DEPOSIT INSURANCE REFORM Committee on Financial Services, hearing entitled ‘‘Assess- ACT OF 2005 ing Data Security: Preventing Breaches and Protecting Sensitive Information,’’ 10 a.m., 2128 Rayburn. Committee on Rules: Granted, by voice vote, an open Subcommittee on Oversight and Investigations rule providing one hour of general debate on H.R. and the Subcommittee on International Terrorism 1185, Federal Deposit Insurance Reform Act of and Nonproliferation of the Committee on Inter- 2005, equally divided and controlled by the chair- national Relations, joint hearing entitled ‘‘Starving man and ranking minority member of the Com- Terrorists of Money: The Role of Middle Eastern Fi- mittee on Financial Services. The rule waives all nancial Institutions,’’ 2 p.m., 2128 Rayburn. points of order against consideration of the bill. The Committee on Government Reform, Subcommittee on Gov- ernment Management, Finance, and Accountability, hear- rule provides that the amendment in the nature of ing entitled ‘‘Financial Management Challenges at the a substitute recommended by the Committee on Fi- Department of Justice,’’ 2 p.m., 2247 Rayburn. nancial Services now printed in the bill shall be con- Committee on International Relations, Subcommittee on sidered as an original bill for the purpose of amend- the Middle East and Central Asia, hearing on 9/11 Rec- ment. The rule provides that the bill shall be consid- ommendations Implementation Act Oversight, Part 1— Oppressors vs. Reformers in the Middle East and Central ered for amendment by section and that each section Asia, 3 p.m., 2172 Rayburn. shall be considered as read. The rule authorized the Committee on the Judiciary, Subcommittee on Immigra- Chair to accord priority in recognition to Members tion, Border Security, and Claims, oversight hearing New who have pre-printed their amendments in the Con- Jobs in Recession and Recovery: Who are Getting Them gressional Record. Finally, the rule provides one mo- and Who are Not? 10 a.m., 2141 Rayburn. tion to recommit with or without instructions. Tes- Committee on Resources, Subcommittee on National Parks, oversight hearing on Personal Watercraft use in timony was heard from Chairman Oxley and Rep- the National Park System, 10 a.m., 1334 Longworth. resentatives Rohrabacher and Maloney. Subcommittee on Water and Power, oversight hearing f entitled ‘‘Stabilizing Rural Electricity Service Through Common Sense Application of the Endangered Species COMMITTEE MEETINGS FOR WEDNESDAY, Act,’’ 2 p.m., 1324 Longworth. MAY 4, 2005 Committee on Science, to mark up the following bills: (Committee meetings are open unless otherwise indicated) H.R. 921, Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005; H.R. 50, Senate National Oceanic and Atmosphere Administration Act; No meetings/hearings scheduled. H.R. 250, Manufacturing Technology Competitiveness Act of 2005; and H.R. 1674, United States tsunami House Warning and Education Act, 10 a.m., 2318 Rayburn. Committee on Agriculture, Subcommittee on General Committee on Small Business, hearing entitled ‘‘Anti- Farm Commodities and Risk Management, hearing to competitive Threats from Public Utilities: Are Small Review the Federal Crop Insurance Program, 10 a.m., Businesses Losing Out?’’ 2 p.m., 311 Cannon. 1300 Longworth. Committee on Transportation and Infrastructure, Sub- Committee on Appropriations, Subcommittee on the De- committee on Aviation, oversight hearing entitled ‘‘Fi- partment of Homeland Security, to mark up the Fiscal nancial Condition of the Aviation Trust Fund: Are Re- Year 2006 appropriations, 3 p.m., 2359 Rayburn. forms Needed?’’ 10 a.m., 2167 Rayburn. Subcommittee on Interior, Environment, and Related Committee on Veterans’ Affairs, Subcommittee on Eco- Agencies, to mark up the Fiscal Year 2006 appropria- nomic Opportunity, hearing on the following: H.R. 419, tions, 11:30 a.m., B–308 Rayburn. Hire Veterans Act of 2004; the HVRP Reauthorization Subcommittee on Science, The Departments of State, Act of 2005; the Servicemembers Health Insurance Pro- Justice, and Commerce, and Related Agencies, on public tection Act of 2005; and the Servicemembers Taxation witnesses, 2 p.m., H–309 Capitol. Protection Act of 2005, 2 p.m., 334 Cannon.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED NINTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS (109–1) January 4 through April 30, 2005 January 4 through April 30, 2005 Senate House Total Days in session ...... 54 40 . . Civilian nominations, totaling 190, disposed of as follows: ′ ′ Time in session ...... 377 hrs., 50 255 hrs., 12 .. Confirmed ...... 2 Congressional Record: Unconfirmed ...... 137 Pages of proceedings ...... 4,609 2,739 . . Withdrawn ...... 1 Extensions of Remarks ...... 836 . . Public bills enacted into law ...... 5 5 10 Private bills enacted into law ...... Other civilian nominations, totaling 994, disposed of as follows: Bills in conference ...... 2 1 . . Confirmed ...... 577 Measures passed, total ...... 124 178 302 Unconfirmed ...... 417 Senate bills ...... 14 5 . . House bills ...... 6 54 . . Senate joint resolutions ...... 1 . . . . Air Force nominations, totaling 5,708, disposed of as follows: House joint resolutions ...... 2 3 . . Confirmed ...... 5,212 Senate concurrent resolutions ...... 10 5 . . Unconfirmed ...... 496 House concurrent resolutions ...... 12 28 . . Simple resolutions ...... 79 83 . . Army nominations, totaling 2,488, disposed of as follows: Measures reported, total* ...... 91 65 156 Senate bills ...... 70 2 . . Confirmed ...... 2,324 House bills ...... 1 30 . . Unconfirmed ...... 164 Senate joint resolutions ...... House joint resolutions ...... Navy nominations, totaling 485, disposed of as follows: Senate concurrent resolutions ...... 1 . . . . House concurrent resolutions ...... 2 . . Confirmed ...... 141 Simple resolutions ...... 19 31 . . Unconfirmed ...... 344 Special reports ...... 5 1 . . Conference reports ...... 1 . . Marine Corps nominations, totaling 1,295, disposed of as follows: Measures pending on calendar ...... 86 24 . . Confirmed ...... 1,285 Measures introduced, total ...... 1,146 2,479 3,625 Unconfirmed ...... 10 Bills ...... 967 2,040 .. Joint resolutions ...... 17 46 . . Concurrent resolutions ...... 30 141 . . Summary Simple resolutions ...... 132 252 . . Quorum calls ...... 2 1 . . Total nominations carried over from last session ...... 0 Yea-and-nay votes ...... 115 87 . . Total nominations received this session ...... 11,160 Recorded votes ...... 62 . . Total confirmed ...... 9,591 Bills vetoed ...... Total unconfirmed ...... 1,568 Vetoes overridden ...... Total withdrawn ...... 1 Total returned to the White House ...... 0 * These figures include all measures reported, even if there was no accom- panying report. A total of 64 reports have been filed in the Senate, a total of 67 reports have been filed in the House.

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Next Meeting of the SENATE (2) H.R. 1542, Honorable Judge George N. Leighton 2 p.m., Monday, May 9 Post Office Building Designation Act. Consideration of H.R. 366, Vocational and Technical Education for the Future Act (structured rule, one hour Senate Chamber of debate). Program for Monday: Senate will resume consideration Rolled votes on Suspensions: of H.R. 3, Transportation Equity Act. (1) H. Con. Res. 127, calling on the Government of the Federal Republic of Nigeria to transfer Charles Ghankay Taylor, former President of the Republic of Li- Next Meeting of the HOUSE OF REPRESENTATIVES beria, to the Special Court for Sierra Leone to be tried for 10 a.m., Wednesday, May 4 war crimes, crimes against humanity, and other serious violations of international humanitarian law; (2) H. Res. 233, recognizing the 60th anniversary of House Chamber Victory in Europe (VE) Day during World War II; and (3) H. Res. 195, recognizing the 60th anniversary of Program for Wednesday: Consideration of Suspensions: Victory in Europe (VE) Day and the Liberation of West- (1) H.R. 1082, Francis C. Goodpaster Post Office ern Bohemia. Building Designation Act; and

Extensions of Remarks, as inserted in this issue

HOUSE Gallegly, Elton, Calif., E850 Obey, David R., Wisc., E843 Higgins, Brian, N.Y., E849 Payne, Donald M., N.J., E857 Baker, Richard H., La., E848 Johnson, Eddie Bernice, Tex., E858 Poe, Ted, Tex., E841 Biggert, Judy, Ill., E850 Jones, Walter B., N.C., E855 Rangel, Charles B., N.Y., E845 Bonner, Jo, Ala., E852, E854 Knollenberg, Joe, Mich., E842 Rothman, Steven R., N.J., E847 Brown-Waite, Ginny, Fla., E842 Kucinich, Dennis J., Ohio, E852, E853, E856 Sanders, Bernard, Vt., E843 Buyer, Steve, Ind., E855 LaTourrete, Steven C., Ohio, E858 Saxton, Jim, N.J., E841 Cardin, Benjamin L., Md., E850 Lee, Barbara, Calif., E854 Scott, Robert C., Va., E853 Case, Ed, Hawaii, E855 McDermott, Jim, Wash., E845 Sherman, Brad, Calif., E848 Chandler, Ben, Ky., E843 Markey, Edward J., Mass., E844 Stark, Fortney Pete, Calif., E850 Davis, Danny K., Ill., E852, E854 Matsui, Doris O., Calif., E842 Taylor, Charles H., N.C., E851 Engel, Eliot L., N.Y., E844 Meek, Kendrick B., Fla., E848 Udall, Mark, Colo., E852, E856 Flake, Jeff, Ariz., E850 Neugebauer, Randy, Tex., E854 Walden, Greg, Ore., E849 Fox, Virginia, N.C., E858 Ney, Robert W., Ohio, E841, E842, E842, E844, E847 Young, C.W. Bill, Fla., E841, E850

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