SENATE—Tuesday, July 12, 2005

Home , Catherine Small Long, David Vitter, Frank Lautenberg, Hard Call

15564 CONGRESSIONAL RECORD—SENATE July 12, 2005 SENATE—Tuesday, July 12, 2005

The Senate met at 9:45 a.m. and was Homeland Security appropriations bill. started, is being conducted in an un- called to order by the Honorable DAVID Yesterday, all first-degree amendments precedented way. VITTER, a Senator from the State of to the bill were required to be filed at Over the last few months, this Senate Louisiana. the desk. There appear to be about 100 has made considerable progress with that were filed. Although I hope the judicial nominations. We have con- PRAYER Senators will not feel compelled to call firmed six of the President’s appellate The Chaplain, Dr. Barry C. Black, of- up many of these amendments, we have court nominees and four district court fered the following prayer: 100. Hopefully we can narrow those nominees. I am very pleased with this Let us pray. down. The chairman and ranking mem- progress. Indeed, this is real progress, O God, the giver and sustainer of life, ber will do so over the course of the especially when you consider each of we thank You that Your power extends day. the appeals court nominees were beyond humanity’s prowess and We will finish the bill this week. blocked. Those same people were achievements. We thank You for the Therefore, Members should contact the blocked in the last Congress. That is things that humble us before the mys- two managers to schedule consider- real progress, working in a bipartisan tery of life and keep us from the folly ation of their amendments. At the cur- way for the American people. of worshipping the works of our hands. rent time, we have three amendments Now we will be able to continue that Empower our Senators today to do pending, one dealing with veterans progress. To do so, we must place prin- Your will. As they labor for liberty, health funding and two relating to the ciple before partisan politics, and we make them aware of Your willingness homeland grant formula. We hope to must place results before rhetoric. to be their divine ally. As they wrestle shortly work out time agreements on That is the challenge to the Senate. with issues, may they seek Your wis- these and vote with respect to at least Above all, we need to fulfill our con- dom. Whisper Your words when they a couple of these amendments. There- stitutional duty as Senators. need them most. Let Your blessings be fore, there is a chance for a vote prior Since Justice O’Connor announced upon us all as we learn to experience to our policy luncheons today. We will her retirement now 11 days ago, the the joy of friendship with You. We pray alert Members as we come to an agree- Supreme Court nomination has garin Your Holy Name. Amen. ment on the starting times. We will nered a lot of attention in Washington, f continue to vote throughout the day on in the press, among our colleagues, and PLEDGE OF ALLEGIANCE amendments. Senators can expect a indeed all across America. As the busy day. President considers her replacement, The Honorable DAVID VITTER led the Yesterday, we came in for a 3-week many Senators have been talking Pledge of Allegiance, as follows: block. It will be a very busy 3 weeks about the issue of consultation. This I pledge allegiance to the Flag of the before our August recess. We need to raises some important questions: Is the United States of America, and to the Repub- continue to address the appropriations President obligated to consult with lic for which it stands, one nation under God, Senators about a particular nominee? indivisible, with liberty and justice for all. measures. Prior to the July Fourth recess, we finished some appropriations And if so, to what extent? f in a very positive way. We continue Under the Constitution, the Presi- APPOINTMENT OF ACTING with Homeland Security, and we have a dent is not obligated to consult with PRESIDENT PRO TEMPORE number of other legislative priorities. Senators before making a nomination. The PRESIDING OFFICER. The We need to make the most of this legis- In fact, he is not obligated to consult clerk will please read a communication lative period as we work together to with anyone. Indeed, the consultation to the Senate from the President pro complete all of the work that is ahead is a courtesy, it is not a constitutional tempore (Mr. STEVENS). of us. mandate. The Constitution plainly The legislative clerk read the fol- We are likely to have a nominee for states in article II that the President lowing letter: the Supreme Court sometime in the shall nominate and the Senate shall U.S. SENATE, near future, and much of September, I provide advice and consent. That is it. PRESIDENT PRO TEMPORE, suspect, will be focused on that, which Yet this White House has welcomed Washington, DC, July 12, 2005. again establishes a sense of urgency for suggestions from Senators. To the Senate: addressing the very important issues of On the very same day we departed for Under the provisions of rule I, paragraph 3, the business that is before the Senate our recess, on the same day Justice of the Standing Rules of the Senate, I hereby over the next 3 weeks. I will be talking O’Connor announced her retirement, appoint the Honorable DAVID VITTER, a Sen- to the Democrat leader over the course the President personally engaged in ator from the State of Louisiana, to perform the consultation process. He called the duties of the Chair. of the day in terms of working through EID TED STEVENS, the specifics of that schedule. Senator R and myself, the two lead- President pro tempore. f ers of the Senate. He called the chairman and ranking member of the Judi- Mr. VITTER thereupon assumed the SUPREME COURT CONFIRMATION Chair as Acting President pro tempore. ciary Committee, Senators SPECTER PROCESS and LEAHY. Since then, the President f Mr. FRIST. Mr. President, I will take and the White House have continued to RECOGNITION OF THE MAJORITY a moment now to speak briefly about consult in an unprecedented manner LEADER the confirmation process, the upcom- and a very inclusive manner. For ex- The ACTING PRESIDENT pro tem- ing confirmation process of the new ample, while in Europe at the G–8 sum- pore. The majority leader is recog- Supreme Court Justice. This morning, mit with the President, White House nized. the Democrat leader and I and the Chief of Staff Andy Card made time to f chairman and ranking member of the call a number of Senators, including Judiciary Committee had a discussion Senators DURBIN, SCHUMER, KENNEDY, SCHEDULE with the President of the United States and Senator BEN NELSON. In the last Mr. FRIST. Mr. President, in a mo- which continues the consulting process few weeks, White House counsel Har- ment we will begin consideration of the which I would say, at least as we get riet Miers met one-on-one with the

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

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15565 Democrat leader, with myself, with SUPREME COURT NOMINATIONS And I think I speak for just about Senator LEAHY, and with Senator Mr. SCHUMER. Mr. President, I was every member of this caucus on this SPECTER. She has called a number of listening to our majority leader’s side of the aisle. We do not want a other Senators to discuss the Supreme words on consultation and the process fight. We certainly do not relish a Court vacancy specifically. thus far. I will make a couple of points. fight. We would much prefer a con- All together, the White House has The first is that we are off to a good sensus nominee. Furthermore, we know reached out to more than 60 Senators, start. I certainly agree with the major- that nominee is not going to be a lib- including more than half of the Demo- ity leader. The phone calls that have eral or even a moderate. It is likely to cratic caucus and every single member been made and this morning’s meeting be a conservative. But our view is— of the Judiciary Committee. This con- with Senators FRIST, REID, SPECTER, again, this time I am speaking for my- sultation process is well underway and, and LEAHY are a good first start. That self, but I think a lot of my colleagues as I mentioned earlier, continued again is how it should be. But simply phone share this view—our view is very sim- bright and early this morning when the calls or meetings, if they are devoid of ple: that nominee, though conserv- President invited the four of us to substance, are not going to lead to real ative, will interpret law, not make it; breakfast, the two leaders and the two consultation. will be thoughtful, will be pragmatic, leaders of the Judiciary Committee, I certainly agree with the majority will understand the other point of the chairman and ranking member. leader’s point. The Senate is not a co- view. If that happens, I think we can That meeting was productive. We free- nominee. It is the President who has to have a process that works well. ly exchanged views on the nomination do the nominating. The way consulta- So in summary, Mr. President, the process and what to expect. We dis- tion has successfully worked in the consultation we have had is great. The cussed the type of nominee the Presi- past is for the President to quietly, pri- number of phone calls may exceed any dent may want to consider. It was in a vately, offer some of the names he is others that have been named. But so good spirit, bipartisan, working to- considering to those on both sides of far, at least according to my phone call gether, everyone stressing the impor- the aisle and get opinions about those and the ones of many of my colleagues tance of, once the nomination is made, names: How would this one fare? How with whom I have talked, and from having a process that would play out would that one fare? Would this one what I have been told about the meet- and have that nominee in place by Oc- cause a fight? How about that one? ing this morning, we have not gotten tober 3. It is not that we would be conomi- into the real nitty-gritty of consulta- I do commend the President for tak- nators at all. Consultation is that. The tion—not co-nomination, absolutely ing all of these steps. He is not obli- President is the nominator, and a good not. The President is the nominator. gated to consult before selecting a Su- consultation means that nominator But the nitty-gritty means offering preme Court nominee, but he is choos- discusses who he is thinking of nomi- some names. The President offers some ing to consult. He is reaching out in nating, takes the temperature, if you names and gets the opinion before he this inclusive and bipartisan manner. will, of the Senate, particularly of the makes his decision—and the decision, It is a manner that is unprecedented. other party, to see if a consensus nomi- of course, by the Constitution is solely I understand the White House will nee could come about. Thus far, nei- his—as to whether that nominee would continue to consult after the nomina- ther the President nor any of the peo- get broad acceptance or whether that tion is made. Despite this effort by the ple working for him—I had one call nominee is likely to cause quite a stir President, I am concerned that no with Andrew Card, the Chief of Staff— in the Senate. amount of consultation will be suffi- has offered a single name. From what I Let us hope this is not the end of the cient for a few of our colleagues in this understand this morning, the President consultation process but the beginning. Senate, and statements will continue did not offer a single name. Let us hope there will be that kind of So we are off to a good first start. to be made. I say that because co- dialog. I reiterate my call to the Presi- Make no mistake about it—it is a first nomination rather than consultation dent to have a summit, to call a good start to begin the consultation process. may be their ultimate goal. Some Sen- number of Democrats and Republicans But the consultation process, for it to ators may prefer to choose the nominee together for a day at Camp David or an work, is not going to be, Okay, who do for the President, but that is not the evening or dinner at the White House you think is a good name, and that is way the system works. That is not the and have a real back-and-forth where that and we do not have a back and way the Constitution works. we roll up our sleeves and really get forth. In fact, for consultation to The President has the power to nomi- into a serious, detailed discussion of work—and we all want it to work—the how we all feel. Who will benefit if that nate, and the Senate offers advice and President should suggest some names consent. Again, consultation does not happens? Who will benefit if there is and get the opinion of those in the Sen- real consultation? Certainly the Presi- mean conomination; consultation is a ate. courtesy of the President. It works two dent, certainly the Senate, certainly This is how it worked with President the Supreme Court, but, most of all, ways. If he extends it to us, as he has, Clinton. It was not simply that Presi- we should extend it to him. certainly the American people. dent Clinton called up ORRIN HATCH Mr. President, I yield the floor. As we look ahead, most Senators face and said, Give me some names, and f a relatively new challenge in a Su- didn’t have a discussion. President preme Court nomination. We talked Clinton bounced off names. In ORRIN RESERVATION OF LEADER TIME about it this morning at breakfast. HATCH’s book, he states that one of the The ACTING PRESIDENT pro tem- More than half of us in this Senate names offered who President Clinton pore. Under the previous order, the were not here 11 years ago when the very much wanted to nominate was leadership time is reserved. Senate last confirmed a Supreme Court Bruce Babbitt, the former Interior Sec- f nominee. But I am confident we will retary and Governor of Arizona. While DEPARTMENT OF HOMELAND SE- rise to the occasion. We should work ORRIN HATCH did not state how he CURITY APPROPRIATIONS ACT, together to ensure that the nomination would vote—and I have talked to ORRIN process is fair, dignified, and respect- a little about this—he said: I think 2006 ful, and we should make sure that a Babbitt would cause a big fight. And The ACTING PRESIDENT pro tem- new Justice is confirmed before the Su- wisely, President Clinton did not offer pore. Under the previous order, the preme Court begins its new term on Oc- his name. So that is how the consulta- Senate will resume consideration of tober 3. tion process, to be successful, ought to H.R. 2360, which the clerk will report. I yield the floor. go. The legislative clerk read as follows: The ACTING PRESIDENT pro tem- In my call with Andrew Card, I told A bill (H.R. 2360) making appropriations pore. The Senator from New York. him something I have said repeatedly. for the Department of Homeland Security for

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15566 CONGRESSIONAL RECORD—SENATE July 12, 2005 the fiscal year ending September 30, 2006, and clear in its very first section, entitled would prefer to eliminate any impedi- for other purposes. ‘‘Risk-Based Funding For Homeland ment to risk-based funding. I believe it Pending: Security,’’ which reads—and I want to is the right thing to do. I would believe Reid (for Murray) amendment No. 1129, to repeat it— this regardless of what State I came provide emergency supplemental funds for The Secretary [of Homeland Security] from. We set up a huge Department of medical services provided by the Veterans shall ensure that covered grants are allo- Homeland Security and have given Health Administration for the fiscal year cated based on an assessment of threat, vul- them the basis and the ability to do ending September 30, 2005. nerability, and consequence to the maximum the analyses that are required and the Collins amendment No. 1142, to provide for extent possible. intelligence that has moved in to de- homeland security grant coordination and The bill defines ‘‘covered grants’’ as simplification. termine what is vulnerable, where it is, Feinstein amendment No. 1215 (to amend- including the four major first re- where the threats are, and what the ment No. 1142), to improve the allocation of sponder grant programs administered risks are. And these are going to be grants through the Department of Homeland by the Department of Homeland Secu- ever changing. But I understand the re- Security. rity. That is: First, the State Home- alities of the Senate, so we decided to The ACTING PRESIDENT pro tem- land Security Grant Program; second, track what the President requested in pore. The Senator from California is the Urban Area Security Initiative; his budget. recognized. third, the Law Enforcement Terrorism In this post-Cold-War world of asym- AMENDMENT NO. 1215 Prevention Program; and, fourth, the metric threat, there are two funda- Mrs. FEINSTEIN. Mr. President, I Citizens Corps Program. mental understandings which apply to rise to call up amendment No. 1215. In addition to these four core grant efforts to make our Nation more secure The ACTING PRESIDENT pro tem- programs, the legislation also covers against a terrorist attack. The first understanding is that pre- pore. That amendment is currently grants ‘‘provided by the Department dicting what terrorists will do requires pending. for improving homeland security,’’ in- Mrs. FEINSTEIN. Thank you very cluding grants for seaport and airport risk analysis. It is an uncomfortable fact that even with the best intel- much, Mr. President. security. Mr. President, this amendment is of- The bottom line is that if Federal ligence we will never know exactly fered on behalf of the Senator from funds are going to be distributed to im- how, when, and where terrorists will strike. The best we can do is to ade- Texas, Mr. CORNYN, and myself. It is prove first responders’ ability to ‘‘pre- quately assess risks and threats and identical to the Homeland Security vent, prepare for, respond to, or miti- make predictions. FORWARD Funding Act of 2005. That is gate threatened or actual terrorist attacks,’’ those funds should be distrib- The second understanding is that our S. 1013. defense resources are not infinite. The I am very pleased to be joined not uted in accordance with a risk-based analysis. Al-Qaida and its allies do not sum total of money, time, and per- only by my colleague from Texas but, sonnel that can be devoted to home- as well, by Senators BOXER, HUTCHISON, attack based on a formula. This bill re- jects the formula approach in favor of land security is limited. KERRY, MARTINEZ, SCHUMER, CLINTON, Together these two understandings a framework that is flexible and risk CORZINE, KENNEDY, LAUTENBERG, and define the task for our Nation: We focused. NELSON of Florida. And, Mr. President, must accurately assess the risks of an Second, the legislation requires that I ask unanimous consent to add Sen- array of possible terrorist attacks, covered grants be designed to meet ‘‘es- ator MIKULSKI to the list of cosponsors. measure the vulnerability of all of sential capabilities.’’ ‘‘Essential capa- The ACTING PRESIDENT pro tem- these possible targets, and then divide bilities’’ is a concept defined in this pore. Without objection, it is so or- up resources based on that assessment, law. It is what we get for the money dered. not based on some arbitrary formula spent: The ability to meet the risk by Mrs. FEINSTEIN. Mr. President, a that will exist regardless of what kind reducing vulnerability to attack and great deal has been said about how of threat or vulnerability may emerge diminishing the consequences by effec- homeland security dollars should be al- in the future. located. I think it is pretty clear that tive response. The 9/11 Commission agrees with us, the American people, and certainly Third, the bill requires States to finding that ‘‘nothing has been harder major opinionmakers such as major quickly pass on Federal funds to where for officials—executive or legislative— newspaper editorials, major mayors they are needed. States should not hold than to set priorities, making hard and major Governors, believe it is time Federal funds back from where they choices in allocating limited re- our Nation adopt risk-based analysis to are most needed. This bill will ensure sources.’’ The Commission concluded: guide critical resource allocation of that States quickly and effectively Homeland security assistance should be homeland security efforts. move the funds through to the loca- based strictly on an assessment of risks and This legislation will do exactly that. tion. vulnerabilities. The Cornyn-Feinstein amendment is And, fourth, the bill addresses the The Cornyn-Feinstein amendment is extremely simple in approach. Its key small State minimum issue. The under- the only amendment that clearly does language, which appears at its begin- lying bill requires each State to get .75 what the 9/11 Commission has rec- ning, is clear. Let me quote it: percent of the grant funding. Now, ommended. The Secretary [of Homeland Security] what does that mean? That means that The New York Times has agreed. In shall ensure that homeland security grants 37.5 percent of the funds go on a for- an editorial entitled ‘‘Real Security, or are allocated based on an assessment of mula basis to areas that might not Politics as Usual?’’ the Times wrote: threat, vulnerability, and consequence to the have risk, threat, or vulnerability. For Defending places where the terrorist threat maximum extent practicable. instance, under the current appropria- is greatest is not parochialism; it is defend- This legislation will ensure that tions bill, of the $1.918 billion appro- ing America. these priorities are set, and set accord- priated, $548 million is taken right off We think that last week’s tragic ing to analysis of risk and threat. the top, allocated to States regardless events in London underscore the point. This bill accomplishes this through of whether they are vulnerable, wheth- The effectiveness of the British first five basic mechanisms. er they have risk, or whether they have response to these terrible attacks illus- First, the law requires the Secretary threat. Thus, that $548 million is not trates that they put their resources of the Department of Homeland Secu- available to meet risk. where the risks were: In London, not in rity to allocate grants based on risk. This legislation will significantly re- some remote community, but where The legislation will mandate that fund- duce this large set-aside. It will reduce they knew the terrorists were most ing decisions be designed according to it from 37.5 percent to the .25 percent. likely to attack. an assessment of risk. This is a key Now, I must admit I am uncomfortable Despite all recommendations, we find element of the law, which makes this even with the .25 percent minimum and again and again that scarce resources

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As a Secondly, we created the Department Last week the Congressional Research result, a State such as Wyoming gets of Homeland Security primarily to do Service issued an analysis of the under- $27.80 per capita in funding, while New exactly what this legislation calls for. lying appropriations bill, the Collins York and California get $15.54 and $8.05, The first mission statement for the De- amendment, and the Cornyn-Feinstein respectively. partment stated: amendment. The results are startling. The problem is not just in Congress. [The Department will] identify and under- If we assume that the base amount of For example, a recent Department of stand threats, assess vulnerabilities, deter- Homeland Security grant funding con- Homeland Security inspector general mine potential impacts, and disseminate tained in the appropriations bill be- report found that in the critical area of timely information to our homeland security comes law, that means the total port security, grants are ‘‘not well co- partners and the American public. amount available for these programs ordinated with the Information Anal- This is what the Department is sup- will be $1.918 billion. The underlying ysis and Infrastructure Protection.’’ posed to do. It cannot be done by arbi- bill would allocate a considerable The result: ‘‘funding of projects with trary formula. It can only be done lis- amount under the existing small State low [risk and vulnerability] scores.’’ tening to intelligence analysts, engag- minimum framework, $579.2 million, Now, this is the IG of Homeland Se- ing in flexible interpretation, and leaving $1.3 billion to be allocated curity who is saying projects with low being willing to move the money where through a risk assessment process. risk and vulnerability scores are cur- the risks show up to be. That is impor- If the Collins-Lieberman amendment rently being funded. Frankly and can- tant to do, and it should be important is adopted, $762 million will be allo- didly, that is just plain wrong. It is a whether you are from a small State, a cated according to the formula—not waste of money, and I think, to an ex- middle-sized State, or a large State. based on risk, not based on threat, not tent, it enables—well, it really is a The money should go where the prob- based on risk analysis, not based on kind of deception because unless you lems are. vulnerability, but simply on population can put your money where the intel- This is exactly what President Bush and geographical distribution. That ligence indicates and the assessments said in announcing the creation of the leaves even less to be allocated based indicate there is threat and risk, you Department. He stated: on risk, only $1.155 billion. In other are not protecting America. This new department will bring together words, the Collins-Lieberman amend- A recently issued joint report from the best intelligence information about our ment reduces the risk-based funding in the Center for Security Studies and the vulnerabilities to terrorist attack so that we the underlying bill by nearly $150 mil- Heritage Foundation found that there can act quickly to protect America. lion. If this amendment is adopted, is: He didn’t talk about an arbitrary for- only $251.2 million will be allocated no funding formula that is based on risk mula. He said, the Department will based on the .25 small State minimum, analysis and divorces from politics . . . bring together the best intelligence in- leaving $1.66 billion for risk-based allo- [w]ith only limited resources available to formation so that flexibility becomes cation. achieve the almost limitless goal of pro- the watchword of the day, and money Here is the bottom line: Put another tecting the entire United States . . . it is can go where it is truly needed. way, under the underlying bill, only 70 critical that we set priorities. Senator LIEBERMAN was a leader in percent of available funds are allocated That is what we are trying to do this effort, and we all worked with him based on risk. If the Collins-Lieberman here. This amendment, and the bill to create the Department of Homeland approach is adopted, that drops to 60 upon which it is based, builds on efforts Security. In my view, the biggest sell- percent; under the approach embodied last year by Representatives COX and ing point for this new Department was, in Cornyn-Feinstein, 87 percent of TURNER, the chair and ranking member as the President said, that for the first funding to risk. So between the two respectively of the other body’s Home- time, we would have a place in the amendments, our amendment, 87 per- land Security Committee. That effort Government that would map threats cent of funding to risk, Collins- Lieber- passed the House of Representatives as against vulnerability and thus allocate man, 60 percent, and the underlying part of the intelligence reform bill but our defenses in an effective, efficient bill, 70 percent. The choice is clear. was dropped at conference. Our amend- way. The Department of Homeland Se- What is the bottom line? The bottom ment is similar to this House bill. curity can be seen as a department of line is, our Nation faces danger. We I understand and appreciate the ef- risk analysis. That is what it should be have a limited amount of resources forts made by Senators COLLINS and doing. So it is ironic that having pro- available to defend ourselves. Those re- LIEBERMAN to craft the bill now before vided the authority and responsibility sources must and should be targeted. us. I applaud their leadership in this to do this, the Congress then handcuffs They should be targeted to where they area. The Collins-Lieberman bill, while the Secretary by restricting these re- can do the most good and where the it purports to be risk based, is actually sources based on geography, politics, risk actually is. That is the simple not. It incorporates complex formulae and parochial interests. Let’s let the question which faces us today. How can with a preordained list of factors which Secretary do the job we gave him. we best protect our country? I believe approximate what is believed to be the Third, in addition to creating the De- the best way to protect America is to risk. Candidly, I don’t think that partment of Homeland Security, the let the Secretary of Homeland Security works for the following reasons. Congress, again with the leadership of do the job we appointed him to do: First, the key to responding to al- Senators COLLINS and LIEBERMAN, reor- match resources to risk, using the best Qaida and similar organizations is ganized the intelligence community. available intelligence analysis. That is flexibility. It is not a frozen formula. The purpose of this task was to ensure the only way to safety. That is the Al-Qaida doesn’t make decisions based that the most important ingredient in only way to reassure our people, should on formula. While today it may seem risk analysis—good intelligence—was there be a catastrophic event, that we obvious that mass transit or ports are enough to keep America safe. So there have put the money in the right places. obvious targets, tomorrow they may is an irony that having gone to such Any arbitrary formula doesn’t do this. not be. Hopefully our intelligence com- trouble to improve the intelligence I ask unanimous consent to print in munity will be increasingly able to fer- community, we are prepared to pass the RECORD a letter from the High ret out our terrorist adversaries and legislation which for a large percent- Threat Joint Working Group on Home- our analysts will be better at under- age of funds will make intelligence ir- land Security. This is a group of large

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15568 CONGRESSIONAL RECORD—SENATE July 12, 2005 cities that has banded together. The City of Baltimore, Maryland. Continues the Law Enforcement Terrorism letter is in support of our amendment. City of Baton Rouge, Louisiana. Prevention Program and exempts the pro- It is the city of Anaheim in California; City of Boston, Massachusetts. gram from the base percentage, allocating city of Baltimore in Maryland; city of City of Charlotte, North Carolina. all funds based on risk; City of Chicago, Illinois. Continues the central role of states, build- Baton Rouge in Louisiana; city of Bos- City of Cleveland, Ohio. ing on existing systems that effectively co- ton in Massachusetts; the city of Char- City of Columbus, Ohio. ordinate planning efforts and insure account- lotte in North Carolina; the city of Chi- City of Dallas, Texas. ability; cago in Illinois; the city of Cleveland City of Jacksonville, Florida. Allows for limited regional applications in Ohio; the city of Columbus in Ohio; City of Kansas City, Missouri. from existing UASI cities or other urban the city of Dallas in Texas; Jackson- City of Long Beach, California. areas with at least a population of at least City of Los Angeles, California. 500,000; and ville in Florida; the city of Kansas Recognizes the importance of national City, MO; the city of Long Beach, CA; City of Miami, Florida. City of New York, New York. standards for evaluating the ‘‘essential capa- Los Angeles, CA; Miami, FL; New York City of Newark, New Jersey. bilities’’ needed by state and local govern- in New York; Newark in New Jersey; City of Oakland, California. ments to respond to threats. Oakland in California; Philadelphia in City of Philadelphia, Pennsylvania. Your continued support for improving the nation’s ability to detect and deter and co- Pennsylvania; city of San Diego in City of San Diego, California. ordinate responses to terrorist events is ap- California; the city of San Francisco in City of San Francisco, California. preciated. City of San Jose, California. California; the city of San Jose in Cali- Sincerely, City of Santa Ana, California. fornia; and the city of Santa Ana. RICK PERRY, There being no objection, the mate- Mrs. FEINSTEIN. I also ask unani- Governor of Texas. rial was ordered to be printed in the mous consent to print in the RECORD a ARNOLD SCHWARZENEGGER, RECORD, as follows: letter addressed to Senator CORNYN and Governor of Cali- HIGH-THREAT CITY JOINT WORKING me, signed by Governor Rick Perry of fornia. GROUP ON HOMELAND SECURITY, Texas and Governor Arnold Schwarzen- Mrs. FEINSTEIN. Mr. President, I July 11, 2005. egger of California. What they ask is ask unanimous consent that a letter Hon. BILL FRIST, that we follow the 9/11 Commission re- from the mayor of San Francisco, Majority Leader, U.S. Senate, Hart Senate Of- port recommendation to better allo- fice Building, Washington, DC. Gavin Newsom, be printed in the cate Federal resources based on vulner- Hon. HARRY REID, RECORD. Minority Leader. U.S. Senate, Hart Senate Of- ability. There being no objection, the mate- fice Building, Washington, DC. There being no objection, the material was ordered to be printed in the DEAR MAJORITY LEADER AND MINORITY rial was ordered to be printed in the RECORD, as follows: LEADER: As cities on the front line of the war RECORD, as follows: OFFICE OF THE MAYOR, on terrorism, we are writing to express our MAY 12, 2005. CITY & COUNTY OF SAN FRANCISCO, support for S. 1013, the ‘‘Homeland Security Hon. DIANNE FEINSTEIN, San Francisco, CA, May 11, 2005. FORWARD Funding Act of 2005’’, introduced U.S. Senator, Washington, DC. Hon. DIANNE FEINSTEIN, by Senators Feinstein and Cornyn, which Hon. JOHN CORNYN, U.S. Senate, Hart Senate Office Building, targets first responder funds to areas of U.S. Senator, Washington, DC. Washington, DC. highest risk and highest threat throughout DEAR SENATOR FEINSTEIN AND SENATOR DEAR SENATOR FEINSTEIN: I want to com- the nation and to support homeland security CORNYN: We are writing to thank you for mend you for your continued leadership on funding for state and local governments at your leadership in working to assure that homeland security and express the City’s least at last year’s level. The recent events Department of Homeland Security (DHS) support for your ‘‘Homeland Security FOR- in London underline the importance of counterterrorism grant programs recognize WARD Funding Act of 2005’’, which homeland funding for state and local govern- the homeland security needs of the United prioritizes threat and risk and improves the ments. States. Any effective strategy to secure our ability of local first responders to deter, pre- The Feinstein-Cornyn legislation most vent and respond to terrorism. closely tracks the recommendations of both nation must apply risk-based analyses to manage the threat from terrorism. We be- Your proposal goes the furthest in sup- the 9/11 Commission and the Administration porting both the 9/11 and Administration’s in supporting the principle that homeland lieve that the Homeland Security FORWARD Funding Act of 2005 will provide much need- principle that homeland security funds security funds should be allocated solely on should be allocated on the basis of risk of ed changes to these programs by better rec- the basis of risk of terrorism. According to terrorism. The bill corrects the major for- ognizing the risks and vulnerabilities faced the Congressional Research Service, S. 1013 mula imbalance that exists in current law by by larger states such as California and would increase the amount of money distrib- reducing the current mandatory state mini- Texas. uted on threat to 87% of the funds, compared mums from 0.75 percent to 0.25 percent. The We support the efforts of your bill to build to only 60% distributed based on threat current inequity has resulted in, since 9/11, a coordinated and comprehensive system to under S. 21. California receiving $5 per capita compared maximize the use of federal resources and to S. 1013 also maintains the critical partner- to Wyoming collecting $38 per capita. provide clear lines of authority and commu- ship between the federal government, states Your bill also reaffirms the federal govern- nication. Your bill will further the efforts of and the nation’s highest risk areas by main- ment’s critical partnership with the nation’s DHS, cities, counties and state agencies as taining the Urban Area Security Initiative areas that are at highest risk of terrorist at- they continue to work together to detect, (UASI) program. These UASI regions have tack by grandfathering existing high-threat deter and respond to terrorism. Specifically, for several years been aggressively working regions under the Urban Area Security Ini- we appreciate the following provisions of the to implement comprehensive plans for ter- tiative (UASI). The City and County of San bill: rorism prevention and preparedness approved Francisco has proudly, under its UASI grant, Follows the 9/11 Commission Report rec- by their States and DHS. Maintaining the aggressively been leading the Bay Area in a ommendation to better allocate federal re- UASI program will preserve and sustain the ten county regional plan to help protect and sources based on vulnerabilities; substantial planning, long-term projects, and strengthen the region against terrorist at- Analyzes risks, threats, vulnerability, and regional decision-making processes under- tacks. way. consequences related to potential terrorist I want to again express my deep apprecia- The homeland security bill as reported by attacks; current programs do not give full tion for you and your staffs outreach to San the Senate Appropriations Committee would consideration to our states’ urban popu- Francisco and other stakeholders through- cut homeland security funding to state and lation centers, numerous critical infrastruc- out California who are on the front lines of local governments by almost a half billion ture assets, hundreds of miles of coastland, the war on terrorism. Thank you for your dollars, $467 million less than FY 05. Please maritime ports, and large international bor- important efforts. restore this funding. ders; Sincerely, We again commend you on your efforts to Reduces the ‘‘small state’’ minimum from GAVIN NEWSOM, increase the amount of homeland security 0.75% to 0.25%, providing each state a base- Mayor. line award while allocating an increased funds distributed based on threat, vulner- Mrs. FEINSTEIN. I ask unanimous ability, and consequences of a terrorist at- level of funds based on risk; the current base tack. + per capita method allocates a dispropor- consent that a letter from Mayor Rich- Sincerely, tionate share of funds to states with small ard Daley of Chicago be printed in the City of Anaheim, California. populations; RECORD.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15569 There being no objection, the mate- California cities are on the front lines of scarce Homeland Security dollars to areas of rial was ordered to be printed in the the war on terrorism and your legislation is highest threat and need, rather than main- RECORD, as follows: very important to us. We look forward to taining the current system that allocates continuing to work closely with you as you dollars through a non-risk based minimum OFFICE OF THE MAYOR, finalize your proposal, as well as providing guarantee formula. This legislation will CITY OF CHICAGO, support for your legislation upon introduc- truly benefit urban areas, such as the City of Chicago, IL, June 28, 2005. tion. Thank you for your important efforts. Long Beach, that have a high terrorist risk Hon. JOHN CORNYN, Sincerely, by targeting federal funds to help mitigate Hon. DIANE FEINSTEIN, CHRISTOPHER MCKENZIE. potential threats. U.S. Senate, The House has passed the Cox-Thompson Washington, DC. Mrs. FEINSTEIN. I ask unanimous consent that a letter from Laura Mil- Bill (H.R. 1544), which is similar to S. 1013. DEAR SENATORS CORNYN AND FEINSTEIN: I While the City of Long Beach supports the am writing to applaud your collective efforts ler, the mayor of Dallas, TX, be printed direction of H.R. 1544, we believe your legis- to develop the Homeland Security FOR- in the RECORD. lation is superior because it addresses two WARD Funding Act of 2005. As a high threat There being no objection, the mate- critical local concerns. urban area, and a UASI grantee, the Chicago rial was ordered to be printed in the First, under the Cox-Thompson definition region is on the front lines of our country’s RECORD, as follows: of an eligible funding region, effective and war on terrorism and I believe that this leg- proven governance structures such as the islation begins to more appropriately target CITY OF DALLAS, Dallas, TX, May 5, 2005. Long Beach Urban Area Security Initiative first responder funds to areas of highest risk (UASI) would no longer be eligible for federal and highest threat throughout the nation. Senator JOHN CORNYN, U.S. Senate, Homeland Security Funds. The member cit- Your proposal most closely tracks the rec- ies that comprise the Long Beach UASI are ommendations of the 9/11 Commission that Washington, DC. DEAR SENATOR CORNYN: I would like to Long Beach, Bellflower, Carson, Compton, call for funding to be distributed based on thank you for your work to improve Home- Hawaiian Gardens, Lakewood, Paramount, risk. By reducing the small state minimum land Security programs. This legislation you and Signal Hill, as well as the County of Los from .75 percent in current law to .25 per- are introducing addresses many of the City Angeles. Long Beach is regarded as a model cent, your proposal more equitably distrib- of Dallas’ concerns with the Urban Area Se- because it has formed an effective partner- utes critical funds to states and localities curity Initiative (UASI) and Homeland Secu- ship with its other UASI member cities to that are truly at the highest risk of ter- rity Grant programs. I am appreciative of implement the Department of Homeland Se- rorism. Your legislation also recognizes the your effort to include certain measures that curity’s regional approach to security needs. importance of the work that has been done will allow the city to receive an equitable Under the Cox-Thompson definition, this at the state and local government level since share of Homeland Security funding and proven governance structure would not be September 11, 2001, by reaffirming the re- spend it as we see appropriate. Your legisla- large enough to qualify for funding. Senate gional approach to terrorism preparedness tion is the one which directs maximum fund- Bill 1013 would grandfather-in existing UASI and prevention and grandfathering existing ing to states and regions based on risk. This structures, allowing our effective model to UASIs. The City of Chicago has worked change is critical. continue to qualify for Homeland Security closely with our regional partners and the The Dallas UASI has received approxi- funding. State of Illinois to develop a coordinated mately $35 million in the last three years Second, the Cox-Thompson bill would re- homeland security plan and we welcome the from the UASI program. This funding has quire a local match of 25 percent after the opportunity to build on that plan. been used to enhance the metro area’s first first two grant years. This would create a I again thank you for your bipartisan lead- responder capabilities to protect our citizens tremendous burden on cities across the na- ership in developing this important legisla- and critical infrastructure. Unlike other pro- tion that are already struggling with dif- tion and look forward to working with you in posed legislation, this new bill allows for cit- ficult financial circumstances. By directing the future to move this bill forward. ies that are currently receiving Homeland cities to become more secure while only pro- Sincerely, Security funds through the UASI program to viding 75 percent of the resources, the Fed- RICHARD M. DALEY, be grandfathered for future UASI funding. eral government would be creating an un- Mayor. There are no provisions in the legislation be- funded mandate that cities would not be able Mrs. FEINSTEIN. I ask unanimous fore the House or Senate to maintain current to meet without reducing core services to consent that a letter from the League UASI planning and the city greatly appre- their communities. Long Beach already de- of California Cities be printed in the ciates your concern for our needs. The other votes more than 60 percent of its General RECORD. bills could require a complete revision of the Fund budget to public safety such as Police There being no objection, the mate- approaches and strategies we have adopted. and Fire first response, which helps con- Your proposal gives local governments a tribute to national Homeland Security goals. rial was ordered to be printed in the degree certainty and ensures that we can Senate Bill 1013 would ensure that Homeland RECORD, as follows: make long-term plans. It also includes provi- Security funding remains 100 percent grants, LEAGUE OF CALIFORNIA CITIES, sions to ensure that state money will be and that cities would not have to sacrifice Sacramento, CA, May 4, 2005. passed down to local governments quickly local service to their communities in order Hon. DIANNE FEINSTEIN, and efficiently. Your legislation is the only to fund national Homeland Security needs. U.S. Senate, Senate Hart Office Building, measure that ensures that federal funds Finally, Long Beach is concerned with the Washington, DC. reach first responders more expeditiously. dwindling Homeland Security resources dedi- DEAR SENATOR FEINSTEIN: I am writing to Thank you for your work this important cated to state and local governments. Fund- express the League of California Cities’ legislation and for including these important ing for state and local agencies through the (League) support and appreciation for your provisions. It will help the City of Dallas and Office of State and Local Government Co- leadership on homeland security legislation the nation as a whole to prepare. ordination and Preparedness (SLGCP) de- that would allocate homeland security Cordially, creased this year for the second straight grants on the basis of risk of terrorism. Your LAURA MILLER, year by 10.5 percent or $420 million. Over the staff’s work with our Washington staff is Mayor. past two years, there has been an overall de- very encouraging and we hope to continue Mrs. FEINSTEIN. I ask unanimous crease of 15 percent and $627 million. Last this partnership. consent that a letter from the mayor of year, the Long Beach UASI experienced a 40 California cities, together with the State Long Beach, CA, Beverly O’Neill, be percent decrease in UASI funding from $12 and other stakeholders throughout Cali- million to $7.3 million. printed in the RECORD. fornia, have advocated in favor of bringing For the next fiscal year, both the Senate down the mandatory state minimums. Your There being no objection, the mate- and House Appropriations Committees are draft bill significantly corrects the major rial was ordered to be printed in the contemplating reduced funding on the formula imbalance that exists in current law RECORD, as follows: premise that state and local governments by reducing the current state minimums CITY OF LONG BEACH, have not spent prior year’s funding. The Sen- from 0.75% to 0.25%. We would ask that you Long Beach, CA, June 28, 2005. ate Appropriations Committee recommends consider going the extra step and remove Hon. DIANNE FEINSTEIN, reducing funding by 12.5 percent, while the minimums altogether, but if there must be a U.S. Senate, Hart Office Building, Washington, House Appropriations Committee rec- State minimum, we urge that your bill keep DC. ommends reducing funding by 7.5 percent. it as small as possible. In addition, your bill DEAR SENATOR FEINSTEIN: On behalf of the Many of the delays In spending are not due clarifies the regional approach taken in both City of Long Beach, I am pleased to support to lack of need; rather they are due to the the pending Senate and House bills (S. 21 and your Homeland Security FORWARD Funding multi-leveled approval process, the time-con- H.R. 1544). Act of 2005 (S. 1013). This bill would target suming purchasing requirements, and the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15570 CONGRESSIONAL RECORD—SENATE July 12, 2005 low-supply of sought-after equipment and Mr. DURBIN. If the Senator will veterans health; provided further, that other delays. For example, the Long Beach yield for a question, it is my under- the time until 12 noon be equally di- UASI received its UASI 05 allocation in De- standing we are working on a unani- vided in the usual form, and that at cember, yet as of the end of June, the authority to begin spending it has not yet been mous consent request, and we hope to noon the Senate proceed to a vote in received. get it agreed to momentarily. To reit- relationship to the Murray amend- In regards to funding, one of the City’s big- erate for my side of the aisle and ment, with no second degrees in order gest issues is providing Homeland Security yours, if you have a pending amend- prior to the vote. I further ask that the resources for staff, particularly to support ment on this bill, there is a window pending Feinstein-Cornyn amendment training requirements, exercise require- from about 3:30, 3:45 until 5 o’clock, if be modified in order to become a first- ments, planning requirements, inventory management, as well as enhanced capabili- the UC is adopted, to come to the floor degree amendment. I further ask that ties. To put this into perspective, the recent and speak to your amendment and the time for Senator FEINSTEIN’s state- interagency security exercise, Operation have it pending or at least considered. ment until 11:30 be divided equally be- Lead Shield, cost Long Beach approximately I think what I am hearing from the tween Senator FEINSTEIN or her des- $100,000 in non-UASI refundable staffing chairman is what we would give as ad- ignee, and Senator COLLINS or her des- costs. Costs for ongoing maintenance will vice to all, and that is waiting until to- ignee to debate the Collins and Fein- also become a growing concern as the con- morrow or the next day is not the stein amendments concurrently; pro- tracts that were funded for the life of a particular grant are now coming to a close with wisest course. There are too many vided further, that at 2:15, there be an the costs being born by the City’s General pending amendments, and there is a lot additional 90 minutes divided as stated Fund. to be done on this bill. This bill is ur- above; finally, I ask that at 5 p.m. We applaud you and your colleagues for gent and is a priority. I think that is today the Senate proceed to a vote in proposing bold new changes to how Home- good advice to both sides of the aisle. relation to the Collins amendment, to land Security funds are distributed. Senate Mr. GREGG. I think the assistant be followed by a vote in relation to the Bill 1013 provides a rational blueprint for the Democratic leader’s counsel is very ap- effective risk-based distribution of Homeland Feinstein amendment, with no amend- Security dollars, while remaining cognizant propriate and hopefully will be listened ments in order to either amendment of the needs of cities that rely on this impor- to. prior to the votes. tant grant program. We hope you are also The debate we have is a large State/ The ACTING PRESIDENT pro tem- able to protect the current level of funding small State debate over a formula. pore. Is there objection? for these important programs, and work on This is authorizing language being put Mr. DURBIN. Mr. President, reserv- the funding issues mentioned above. on an appropriations bill, which we in ing the right to object, and I don’t ob- Cordially, the Appropriations Committee try to ject, I only make two points, and one BEVERLY O’NEILL, avoid. As a practical matter, this bill Mayor. perhaps the Senator from California allocates funds. I hope Members will can help us clarify. Again, that is reit- Mrs. FEINSTEIN. All these letters take a look at the allocation we did in erating what the chairman has said. are in support of this amendment this bill because this program has not We urge Members who have pending which earmarks money based on intel- been authorized. amendments to be here in the neigh- ligence analysis of risk and threat. Our theory in this allocation process I reserve the remainder of my time. borhood of 3:30 or 3:45 to call up their The ACTING PRESIDENT pro tem- was to have a threat-based allocation. I amendment and make sure they are pore. The Senator from New Hampshire feel very strongly that this whole bill pending on the bill, so we can keep this is recognized. has been redirected with the work of moving along. This is a very important Mr. GREGG. Mr. President, just to Senator BYRD—I note that this is his bill. It is all the more compelling be- bring my colleagues up to speed as to belief also—we reworked the bill to be cause of the events of last week. what the hoped-for game plan is, there a threat-based bill. We did it in the Second, relating to the Senator from has now been agreement reached be- area of border security, weapons of New Jersey and how his time is going tween the parties which will allow us mass destruction, and we did it in the to be credited to this unanimous con- at 11:30 to turn from the debate on the area of this formula. We protected and sent request, it is my understanding formula proposal, offered by Senators grandfathered all the States so the that the Senator from California has COLLINS and FEINSTEIN, to the issue of States going through upgrades of try- said that the time used by the Senator the veterans amendment offered by ing to get their first responder house in from New Jersey was to be taken from Senator REID on behalf of Senator order will not see a devastating cut in the time allocated to her amendment MURRAY. We will debate that for half what they are receiving. Everything with Senator CORNYN; is that correct? an hour equally divided. Then we will over the grandfathered amount essen- Mrs. FEINSTEIN. That is correct. vote on that at 12:00. Then we will re- tially moves on the basis of threat. So Mr. DURBIN. Otherwise, I have no turn to the debate on the Collins the actual appropriation in the bill objection to this unanimous consent amendment and the Feinstein amend- falls about halfway between the two request. ment, and that debate will continue, so theories being put forward here by the The ACTING PRESIDENT pro tem- that the entire debate will encompass competing interests relative to how pore. Is there objection? approximately 3 hours which would this formula should be designed on the Without objection, it is so ordered. mean it would wrap up somewhere authorizing side. I just note that for Mr. GREGG. I thank the Senators. around 3:30, 3:45. At that point, there my colleagues’ edification. The ACTING PRESIDENT pro tem- will be a window because we can’t have At this time, I yield the floor and pore. The Senator from New Jersey is a vote then due to outside cir- suggest the absence of a quorum. recognized. cumstances. So there will be a window The ACTING PRESIDENT pro tem- Mr. LAUTENBERG. Mr. President, I of an hour, an hour and 45 minutes, pore. The clerk will call the roll. rise today to voice strong opposition to during which Members can bring The assistant legislative clerk pro- the amendment being offered by Sen- amendments forward or, if they wish, ceeded to call the roll. ator COLLINS to this Homeland Secu- during the debate time maybe come Mr. GREGG. Mr. President, I ask rity appropriations bill. It is the wrong and be recognized to set these amend- unanimous consent that the order for approach at a critical time in the war ments aside for purposes of offering the quorum call be rescinded. on terror. Need any of us here be re- amendments. The ACTING PRESIDENT pro tem- minded that it wasn’t Portsmouth, In any event, there will be hopefully pore. Without objection, it is so or- England, that was attacked last week? two votes occurring somewhere around dered. I will tell you that the odds are that it 5 o’clock. This evening there is a joint Mr. GREGG. Mr. President, I ask won’t be Portsmouth, ME, that is going Senate event for families. That is unanimous consent that at 11:30 today to be under terrorist threats or that it where we stand. We haven’t reached the Senate resume consideration of the compares in any way to the most invit- that agreement yet. Reid for Murray amendment regarding ing targets in the country—one of

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15571 which is in the State of New Jersey, merous times the need for homeland ought to have more funding, not less, where 12 million people could be killed security funding should be based more and we ought to have it directly aimed if there is a raid on the chemical plant on risks, threats, and vulnerabilities. at the area of highest risk. that is very close to the New York bor- This past Sunday on ‘‘Meet the Under the amendment proposed by der and within our State. Press,’’ Secretary Chertoff said: the Senator from Maine, 40 percent of Mr. President, I am a member of the We have to be risk-based in our funding. homeland security funds will be dis- Homeland Security Committee. For He went on to define ‘‘risk-based’’ tributed not based on risk, but simply the record, the Collins legislation funding this way: distributed to every State and terri- didn’t pass without dissent in the com- It means we look not at the question of po- tory, regardless of the risks they face. mittee. I strongly opposed the Collins litical jurisdiction, we look at where the The Congressional Research Service bill offered by the chairman in com- consequences would be catastrophic, where has analyzed how the Collins legisla- mittee, and I strongly oppose it here as the vulnerabilities would be, where the tion would change the amount of fund- an amendment to this appropriations threats are. ing going out based on risk under this bill. He is right. We need to protect our bill. They concluded that the Collins The Collins amendment flies in the Nation where the risks and vulnerabil- approach would reduce risk-based fund- face of the recommendations of the 9/11 ities are. If we want to peel off pork, ing by over $183 million—$183.53 mil- Commission. Everybody says they then we have to go to some other bill lion—compared to the underlying ap- worked hard. As a matter of fact, Sen- to do it. I am not saying these are cas- propriations bill. ator COLLINS was a leader in getting ual programs that are being funded by It is absolutely critical that the Sen- the legislation done to reform the in- a reduction in risk-based grants, but it ate reject the Collins amendment. In telligence operation. I commend her is the wrong thing at the wrong time, the wake of the London attacks, we for that. But they are very clear in the and everybody knows that. We are all need to show the American people we 9/11 Commission report that distribu- in a semistate of shock as a result of are serious about protecting the coun- tion should be made on the basis of the bombing in London. try and not just interested in another risk. And it also, by the way, defies the Mr. President, 700 of my fellow New back-home project. wishes of President Bush and Secretary Jerseyans lost their lives on September Chertoff. 11, 2001. Families, in many cases, are In addition to opposing the amend- The Commission stated in no uncer- ruined forever, with the lack of a ment, I urge my colleagues to support tain terms that homeland security daddy, a husband, a brother, a sister or the Feinstein-Cornyn-Lautenberg funding should be allocated on the a mother. amendment. Our amendment moves us basis of risk, not political pork. Throughout that tragic day, people much closer to the goal of risk-based Unlike the Collins amendment, the in northern New Jersey could see the funding as called for by the 9/11 Com- underlying appropriations bill and the smoke rising from the Trade Center, mission and the President of the Feinstein amendment move toward the where many of our friends, neighbors, United States. goal of more risk-based funding. and loved ones worked. It could be seen The issue before us is bigger than I salute the senior Senator from New from my house. The New York-New politics. We are talking about the best Hampshire, Senator GREGG, and the Jersey region bore the brunt of the at- way to protect fellow Americans from ranking member, Senator BYRD, for tacks on 9/11, and it continues to be the another terrorist attack but also, in their efforts to move us toward more area of our Nation that is most at risk. protecting our ability to function in risk-based funding in this appropria- But I don’t plead for this on a paro- the event of an attack, making sure we tions bill. Their bill greatly improves chial basis. I plead for it for the safety have the communications link and the the confusing status quo by allocating of our country as a whole. transportation link. We ought to make 70 percent of homeland security fund- In fact, the FBI determined that the certain that we pay attention to securing based on risk and threat. Very 2-mile stretch in New Jersey, between ing those areas that are most likely to frankly, we ought to be at 100 percent, the Port of Newark and Newark Air- be inviting targets for terrorism. This if we were consistent with the report port, is the most at-risk area in the is not about regional rivalries. It is produced by the 9/11 Commission. I country for a terrorist attack. about protecting our most vulnerable checked this again directly with The New York Times recently re- communities. former Governor Kean from New Jer- ported that an attack on just one par- With our votes on these two amend- sey. He reaffirmed his belief that you ticular chemical plant in this area ments, we are going to decide whether ought to put the money where the risk could kill or harm millions of people. we are going to follow the guidance of is. But the Collins amendment before I ask my colleagues to think about the 9/11 Commission or simply ignore us today is a step backward, not for- that. With the potential loss of life in their recommendations. I do not know ward. The Collins amendment would the millions, this is no time for putting how we do that. It is fairly simple. I change the appropriations bill by re- parochial interests before the security urge my colleagues to reject the Col- ducing the amount of risk-based fund- of the Nation. lins approach and support the Fein- ing to just 60 percent. The tragic attacks in London only stein-Cornyn-Lautenberg amendment. This is an affront to the 9/11 Commis- reinforce the need to protect the high- I yield the floor. threat areas. As I said earlier, it is not sion. What they said about how home- The ACTING PRESIDENT pro tem- Portsmouth, England, or Portsmouth, land security funds should be distrib- pore. Who yields time? The Senator ME, that was attacked. That is not uted is clearly stated here. Their rec- from Maine is recognized. ommendation No. 25 said this: where the principal focus of the ter- Ms. COLLINS. Mr. President, it is my Homeland security assistance should be rorist is. We have to protect our entire understanding that Senator CORNYN, based strictly on an assessment of risks and country, but there ought to be a sys- vulnerabilities. tem of priority that says this is the who is the prime cosponsor of the Federal homeland security assistance most important area. We should not amendment of the Senator from Cali- should not remain a program for general rev- casually dismiss an area that is one of fornia, wishes to go next. If he is not enue sharing. the largest population centers of our going to go next, I will be happy to That is clear. They went on to make country or of the world, in fact. speak on my time. But it was my un- the point in very blunt language: Mr. President, I pose the question: derstanding he wanted to speak first. Congress should not use this money as How can we, in the wake of the London Mrs. FEINSTEIN. Mr. President, if I pork barrel. attacks, with all of the alerts that we may respond. It is not just the 9/11 Commission have around the country, now move to The ACTING PRESIDENT pro tem- that said that. Homeland Security Sec- take funding away from where the pore. The Senator from California is retary Michael Chertoff has stated nu- threats are? It makes no sense. We recognized.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15572 CONGRESSIONAL RECORD—SENATE July 12, 2005 Mrs. FEINSTEIN. I thank the Sen- anteed to be distributed to the 50 states, the teed to states in 2006 would only include the ator for her courtesy. It is my under- District of Columbia, and specified U.S. pos- PATRIOT Act minimums. standing we have 45 minutes this after- sessions. For the purpose of this analysis I I trust that memorandum will meet your used the $2.303 billion that DHS distributed needs in this matter. Please feel free to call noon at 2:15 and Senator CORNYN will in FY 2005 using the rules in place for that me if I can further assist you. lead off at 2:15. I thank the Senator. year, and procedures included in S. 21, as re- Ms. COLLINS. Mr. President, I thank Ms. COLLINS. Mr. President, as I un- ported. Comparisons of funding to jurisdic- derstand it, the latest CRS analysis— the Senator from California for that tions in FY 2005, and what would occur if S. clarification. 21 (as reported) were enacted, are com- as I understand it from press accounts Mr. President, the Collins-Lieberman plicated by several factors: since, again, the Senator has not been amendment has picked up a number of S. 21’s guaranteed minimum funding to willing to share it with my office—is cosponsors, so I want to bring my col- states (0.55% of the total) is computed on a once again flawed. It does not take into leagues up to date by reading the full larger base ($2.303 billion, the entire aggre- account the sliding scale minimum al- list of the cosponsors of the Collins- gate appropriation for SHSG, LETPP, and location that is included in the Collins- Lieberman amendment. They are as UASI) as compared to the FY 2005 appropria- Lieberman amendment. tion where states’ 0.75% base is applied to OINOVICH E INE His sliding scale minimum distrib- follows: Senators V , D W , $1.448 billion (after excluding UASI funds), COBURN, AKAKA, CARPER, SALAZAR, and; utes 10.7 percent of the funds in our bill COLEMAN, BEN NELSON, PRYOR, SNOWE, The FY 2005 appropriation act required based on population and population and DAYTON. I ask unanimous consent DHS to allocate all the funds remaining density. Those are two risk factors that all of those cosponsors be added to after the required mininl.um percentages that are used by the Department of the Collins-Lieberman amendment. were distributed among the states and terri- Homeland Security to distribute risk- The ACTING PRESIDENT pro tem- tories (excluding VASI funds) in the same based funds. pore. Without objection, it is so or- manner as in FY 2004, i.e., by population. I note, because I want to give credit The addition of the population distribution dered. where credit is due, that the proposal Ms. COLLINS. Mr. President, my requirement in FY 2005 increased state ‘‘guaranteed minimum’’ funds for that fiscal for this sliding scale minimum came friend from California, as well as the year. If the S. 21 distribution formula were from our colleague, a senior member of Senator from New Jersey, have both to be adopted and appropriations remain at the committee, Senator LEVIN of referred to a memo the Congressional the FY 2005 level for the SHSG, LETPP, and Michigan. Research Service put together for Sen- UASI programs in FY 2006, ‘‘guaranteed’’ Let’s look at the real numbers. The ator LAUTENBERG. First, let me say I funding would decline by 39% (from $1.488 fact is there is a doubling in the have not seen this memo despite my billion to $906 million), and risk-based fund- amount of money that is based on risk staff repeatedly requesting a copy from ing would increase by 71% (from $815 million to nearly $1.4 billion). under our amendment. The legislation Senator LAUTENBERG’s office. The before us emphasizes risk-based fund- memo appears to have been widely dis- TABLE 1. PERCENT CHANGE IN GUARANTEED, AND RISK- ing and doubles the amount of money tributed to the press but, unfortu- BASED FUNDING BETWEEN S. 21 AS REPORTED, AND compared to current law that would be nately, the Senator has chosen not to FY 2005 APPROPRIATIONS ASSUMING A $2.385 BILLION allocated based on risk. share it with the two sponsors of the APPROPRIATION The Committee on Homeland Secu- amendment. rity has done a great deal of work on Why would that be? Perhaps it is be- [Figures are in millions of dollars] this formula. I think we see today the cause the last time my colleague from Description FY 2005 S. 21, as Percent problems that occur when we try to New Jersey asked CRS to put together funding 1 reported change write a formula not in committee, not a memo attacking S. 21, we quickly ‘‘Guaranteed’’ funding ...... $1,488.40 $906.36 ¥39.1 based on careful hearings, input from discovered it was based on fatally Risk-based funding: For FY all interested parties, two markups, 3 flawed assumptions. 2005, figure included only UASI; S. 21 would include years of deliberations by the com- The memo purported to show that S. UASI and funds not allo- mittee, but instead try to cobble to- 21 would lead to less risk-based funding cated by ‘‘sliding scale’’ formula ...... 814.80 1,396.84 71.4 gether an amendment on the Senate than under current law, but that was floor. just plain wrong. And CRS, once the Total ...... 2,303.20 2,303.20 I have heard again today the com- analysts talked with my staff, agreed 1 ‘‘Guaranteed’’ funding included all SHSG and LETPP funds in FY 2005 parison that Wyoming gets more they had made a mistake. In fact, CRS because the FY 2005 DHS appropriations act required population to be used to distribute funds not allocated by the PATRIOT act formula in 2005. money on a per capita basis. The Sen- issued the memo I hold in my hand cor- ator from California, my friend and recting the flawed conclusions of the Congressional Quarterly’s coverage of the Senate Homeland Security and Govern- colleague, made that argument. Over Lautenberg memo. mental Affairs mark-up of S. 21 cited infor- I ask unanimous consent that the and over again we hear the argument mation from the Congressional Research that homeland security dollars are un- CRS analysis be printed in the RECORD. Service (CRS) indicating that risk-based There being no objection, the mate- fairly allocated because less populous funding ‘‘would fall by 19 percent’’ under the States generally get more per capita rial was ordered to be printed in the S. 21 formula. The earlier CRS analysis had RECORD, as follows: compared funding levels required in author- than more populous States. But the To: Honorable Susan M. Collins, Attention: izing legislation. Thus the FY 2005 appropria- truth is, that argument does not hold Michael Bopp tion language requiring DHS to do a popu- water. From: David C. Huckabee, 7–7877, Specialist lation-based distribution of the remaining What is the point of that argument? in American National Government Gov- funds after each state received its 0.75% base That homeland security dollars should ernment and Finance Division amount was not included in the analysis. be distributed on a per capita basis Subject: Homeland Security Minimum Allo- The FY 2005 DHS appropriations act re- rather than risk and a minimum free cation Comparisons: Figures From FY quired all SHSG and LETPP funds to be distributed by a combination of a guaranteed each State? The fact is, risk-based allo- 2005 Appropriation Act, and S. 21, As Re- cations lead to per capita disparities as ported base, with the remaining funds allocated by This memorandum responds to your re- population. Thus, no SHSG or LETPP funds well. quest for a comparison of S. 21, as reported, were available to be allocated by risk in FY Let’s take the District of Columbia and the FY 2005 Department of Homeland Se- 2005 (or any other method DHS could have as an example. I think every single curity (DHS) appropriations act with regard chosen to use) because the PATRIOT act Member of this distinguished body to the allocation of funds in three homeland does not specify how remaining funds will be would agree that the District of Colum- security assistance programs: the State distributed. bia, despite its relatively small popu- Homeland Security Grant program (SHSG); If the funding formula is not changed for FY 2006, and the DHS appropriations act lation, is an extremely high-risk area. the Law Enforcement Terrorism Prevention In fact, the District of Columbia gets Program (LETPP); and the Urban Area Secu- omits the requirement that ‘‘formula-based rity Initiative (UASI) grant program. and law enforcement terrorism prevention by far the most on a per capita basis, You asked for comparisons of percentage grants . . . shall be allocated in the same nearly $217 per resident, because it is a change figures between funds that were guar- manner as fiscal year 2004,’’ funds guaran- small population, high-risk area.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15573 Taken to its logical conclusion, the rorists choose to live and train in small ures in the Collins-Lieberman proposal, argument of these advocates is fewer and rural communities. measures that are lacking completely dollars to the national capital region. Communities that my friends from from the alternative put before us The fact is, distributing funds based on California and New Jersey would say today. These accountability measures risk does not necessarily lessen the per are at no risk, they are low risk, they will ensure that no longer will home- capita disparities among recipients. should not receive risk money. These land security funds be spent to pur- We took a look at the distribution of small and rural communities are where chase air-conditioned garbage trucks in fiscal year 2005 urban area security ini- the terrorists live, train, and hide. the State of New Jersey—that is the tiative funds which are allocated based That is why law enforcement has kind of wasteful spending that we want on risk. What we found were the same overwhelmingly endorsed the Collins- to guard against—or leather jackets for or even greater levels of per capita dis- Lieberman amendment. We have let- the District of Columbia. Instead, parities compared to an analysis of the ters from the National Troopers Coali- spending would be tied to achieving es- urban areas and State grant funds com- tion, the Grand Lodge Fraternal Order sential capabilities for our first re- bined. For example, Boston received of Police, the National Association of sponders to meet national preparedness nearly $48 per capita, where Houston, Police Organizations, the International goals. with over three times the population, Union of Police Associations, the Inter- received under $10 per person. Los An- This is a carefully thought out bill. national Association of Chiefs of Po- It is a comprehensive bill. It reflects geles received about $18 per capita; lice, the United Federation of Police Pittsburgh, $29. many hearings and input from the first Officers, the International Brotherhood responder community. The point is, moving from a formula of Police Officers, the National Organi- to a risk-based distribution does not zation of Black Law Enforcement Ex- I reserve the remainder of my time. necessarily bridge those per capita di- ecutives, the International Association The ACTING PRESIDENT pro tem- vides. of Fire Chiefs. pore. Who yields time? Second, let’s look at what this is All of these groups representing law Mrs. FEINSTEIN. I yield such time really all about. Under S. 21, the enforcement and representing our fire- as he may consume to the Senator amount the small States would be fighters are endorsing the approach from New Jersey. guaranteed beyond their per capita taken in the Collins-Lieberman amend- shares amounts to less than 3 percent ment. One reason they do is for the The PRESIDING OFFICER (Mr. of the funds that are allocated—3 per- first time we are going to have stand- SUNUNU). The Senator from New Jersey cent. Let’s use the real example. ards, we are going to tie spending to is recognized. S. 21 would authorize $2.9 billion for standards, and we recognize that the homeland security grants. The total Mr. LAUTENBERG. Mr. President, I first responders in each and every that small States are guaranteed in ex- will be very brief. We just heard a ref- State deserve our support. cess of their per capita share is just erence to an investment made by the We need to bring every State up to a $85.4 million out of that $2.9 billion. city of Newark. Newark Airport and minimum level of preparedness, and we Here is the chart that demonstrates the Port of Newark have been identi- are not there now. That is why the Na- what this allocation is all about. fied as the two most dangerous miles In contrast, the 19 most populous tional Governors Association and the for a terrorist attack in the United States receive some $619 million in National Emergency Management As- States, and they chose to use the guaranteed funds under the bill, seven sociation strongly endorse our ap- money to make sure their access ways times more than the less populous proach. would be clear of debris. That was their States are guaranteed beyond their per Over and over again we hear from choice. We are not going to talk about capita share. these organizations that the funding what any other State does with their In short, we are not talking about a formula proposed in the Collins-Lieber- money. That is not the argument. The major redistribution of homeland secu- man amendment ‘‘promotes a better argument is, what is the truth? The rity dollars. level of preparedness and brings some truth is, CRS, in a phone call just now, The fact is also that the potential of predictability to States for planning for the information of the Senator terrorist attacks against rural targets purposes.’’ That is from the National from Maine, confirmed exactly what is increasingly recognized as a national Troopers Coalition. they gave us as being correct. Under security threat. I quoted yesterday the The Fraternal Order of Police says the Collins amendment, they come Harvard study that talked about rural our legislation—this is the Collins-Lie- down with a conclusion that the per- areas facing unique and profound berman legislation—recognizes the fact centage allotted for the risk would be homeland security challenges. Bioter- that the majority of Federal funds 60 percent, and the percentage allotted rorism, an attack on our food supply, have been previously directed toward for a guarantee, 40 percent. That is not where would those most likely occur? recovery response operations, too often what we are going into. Anything that The food supply is outside our urban at the expense of the efforts to prevent we try to do to confuse the figures to areas. A great many power grids, water future attacks. Ensuring that all com- say that oh, no, in fact we are getting supplies, nuclear plants—all of those munities achieve and maintain the ap- more, well, New Jersey may get a cou- are outside of urban areas. propriate response-and-recover capac- ple more dollars under the Collins for- Likewise, a report from the RAND ity for terrorist incidents is a critical mula, but we have to look at where the Corporation, prepared for the National component. However, it is the goal of bulk of the danger is to our country. Memorial Institute for the Prevention law enforcement to ensure that we Sure, rural States are entitled to be of Terrorism, assessed how prepared never have a terrorist incident to re- protected, but that is not done at the State and local law enforcement is. It spond or recover from. We want to stop expense of having the most inviting noted that homeland security experts the attack before it even occurs. targets in the country not get more and first responders have cautioned Those are important advantages of money to protect themselves. against an overemphasis on improving the Collins-Lieberman approach. The the preparedness of large cities to the accountability measures in our bill are The Senator from Maine asked for it. exclusion of small communities or absolutely critical and are missing We are going to send over for her re- rural areas. from the Feinstein-Cornyn-Lautenberg view the report from CRS, and we have The report recognized that much of approach. clarified a couple of things. But at 60/ our Nation’s infrastructure and poten- We know there has been wasteful 40, we are far worse off than we were tial high-value targets is located in funding. We cannot tolerate inappro- when we left the committee, and I do rural areas. priate and wasteful spending of critical not understand why that is. Perhaps The Department of Homeland Secu- homeland security funds. That is why the Senator from Maine does not see rity said that it is well known that ter- we have strong accountability meas- threats in the country in the same way

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15574 CONGRESSIONAL RECORD—SENATE July 12, 2005 that the 9/11 Commission or the Sec- level. First, funds would be divided among Ms. COLLINS. Mr. President, the retary of Homeland Security does. Dis- the states, the District of Columbia (DC), Senator from New Jersey is mistaken miss that and make sure that every- and U.S. possessions and territories as fol- in saying this bill provides less risk- lows: Puerto Rico and specified U.S. posses- body gets a little bit of the pie, that is sions and territories 0.055%; these total based assistance than the legislation not where we are. 28.62%. Second, states could alternatively reported from the committee in April. This is the second front in a war choose to receive an amount based on a It does not. The Senator is in error. It against terrorism, and we ought to ‘‘sliding scale baseline allocation’’ cal- is exactly the same as the committee- make sure we put plenty of funding culated by multiplying 0.001 times (1) a reported bill, which was reported with- here. We spend over $200 billion a year state’s population ratio and (2) a state’s pop- out dissent on a voice vote. in maintaining our fighting force in ulation density ratio. After the funds are dis- The fact is, the Collins-Lieberman tributed ($763 million as shown in Table 1), amendment doubles the funds that Iraq, and I want to do it as well as any- the remainder is distributed through the risk body else, but we sure do not say we assessment process, with a maximum of 50% would be distributed based on threat, ought to distribute funds throughout to be distributed to high-threat urban areas, risk, and consequences while maintain- the Army, whether they are based in and the remainder to the states. ing a predictable and meaningful level Georgia or some other State. No, we I trust that this memorandum meets your of funding for each State. want to take care of them in the area needs; please contact me if you need further For the Nation to be prepared, all information. where the risk is greatest, and that is States must achieve a baseline level of essential capabilities. The Federal the same thing we ought to be doing, TABLE 1.—S. 21 AND SENATE REPORTED H.R. 2360 and not trifling with this and trying to Government is a partner with our GUARANTEED BASE AMOUNTS State and local governments and with defend the numbers as not really say- [All amounts in millions] ing what they say. our 9 million first responders in this re- They say what they say, and I ask Senate Re- gard. Unfortunately, what we are see- State S. 21 ported H.R. 0.25% Base ing today is a regrettable and corrosive unanimous consent that the report 2360 from CRS be printed in the RECORD. argument that is pitting urban centers Alabama ...... $10.55 $10.86 $4.80 against rural States. Our bill does not There being no objection, the mate- Alaska ...... 10.55 10.86 4.80 rial was ordered to be printed in the Arizona ...... 10.55 10.86 4.80 do that. We have carefully crafted a Arkansas ...... 10.55 10.86 4.80 compromise that ensures that every RECORD, as follows: California ...... 57.59 10.86 4.80 State receives a baseline level in order CONGRESSIONAL RESEARCH SERVICE, Colorado ...... 10.55 10.86 4.80 Connecticut ...... 13.82 10.86 4.80 to recognize that every State has Washington, DC, July 8, 2005. Delaware ...... 10.55 10.86 4.80 Florida ...... 30.38 10.86 4.80 homeland security needs and MEMORANDUM Georgia ...... 15.29 10.86 4.80 vulnerabilities and that first respond- To: Honorable Frank Lautenberg, Attention: Hawaii ...... 10.55 10.86 4.80 Idaho ...... 10.55 10.86 4.80 ers throughout the country need to be David Garten. lllinois ...... 22.12 10.86 4.80 From: Shawn Reese, Analyst in American Indiana ...... 11.57 10.86 4.80 properly equipped, trained, and sup- National Government, Government and Iowa ...... 10.55 10.86 4.80 ported. Kansas ...... 10.55 10.86 4.80 Finance Division. Kentucky ...... 10.55 10.86 4.80 We know the terrorists traveled Subject: ‘‘Guaranteed’’ Base Homeland Secu- Louisiana ...... 10.55 10.86 4.80 through, trained in, and stayed in rural Maine ...... 10.55 10.86 4.80 rity Grant Amounts in S. 21 and Senate Maryland ...... 15.15 10.86 4.80 States. Two of them left from my home Reported H.R. 2360. Massachusetts ...... 19.39 10.86 4.80 State of Portland, ME, to begin their Michigan ...... 17.55 10.86 4.80 This memorandum responds to your re- Minnesota ...... 10.55 10.86 4.80 journey of devastation and death on quest for information on homeland security Mississippi ...... 10.55 10.86 4.80 September 11. A predictable stream of grant base amounts that would be distrib- Missouri ...... 10.55 10.86 4.80 Montana ...... 10.55 10.86 4.80 funding is essential to achieving the uted in FY2006 to the states, U.S. posses- Nebraska ...... 10.55 10.86 4.80 goals, but the fact is, S. 21 doubles the sions, and territories (‘‘guaranteed Nevada ...... 10.55 10.86 4.80 amount of money for risk-based fund- amounts’’) in S. 21, as reported by the Senate New Hampshire ...... 10.55 10.86 4.80 New Jersey ...... 27.03 10.86 4.80 ing compared to the current law. If one Homeland Security and Governmental Af- New Mexico ...... 10.55 10.86 4.80 fairs Committee on May 24, 2005, and H.R. New York ...... 34.17 10.86 4.80 looks at this chart, the Senator from North Carolina ...... 15.11 10.86 4.80 New Jersey repeatedly ignores the 10.7- 2360, as reported by the Senate Appropria- North Dakota ...... 10.55 10.86 4.80 tions Committee on June 16, 2005. Specifi- Ohio ...... 28.80 10.86 4.80 percent distribution, which was Sen- cally, you requested a chart (see Table 1) Oklahoma ...... 10.55 10.86 4.80 ator LEVIN’s proposal, which means Oregon ...... 10.55 10.86 4.80 that depicts allocations to the states, U.S. Pennsylvania ...... 22.21 10.86 4.80 that risk-based factors account for possessions, and territories assuming an ap- Rhode Island ...... 13.75 10.86 4.80 more than 70 percent of the funding. propriation of $1.918 billion, the amount rec- South Carolina ...... 10.55 10.86 4.80 South Dakota ...... 10.55 10.86 4.80 That is more than double what is in- ommended by the Senate Appropriations Tennessee ...... 10.70 10.86 4.80 volved in current law. Committee in H.R. 2360, and you requested Texas ...... 35.40 10.86 4.80 So we have doubled the amount of the percent of funds that S. 21 and H.R. 2360 Utah ...... 10.55 10.86 4.80 Vermont ...... 10.55 10.86 4.80 money that would be allocated based would allocate for such base amounts, as Virginia ...... 13.61 10.86 4.80 well as the percent that would remain to be Washington ...... 10.58 10.86 4.80 on risk factors while maintaining a West Virginia ...... 10.55 10.86 4.80 steady, predictable base line funding so allocated through risk assessments con- Wisconsin ...... 10.55 10.86 4.80 ducted by the Department of Homeland Se- Wyoming ...... 10.55 10.86 4.80 that all States can achieve a level of curity Secretary. The first column of Table 1 DC+NCR ...... 10.55 10.86 4.80 preparedness. Again, the Senator from Puerto Rico ...... 6.71 10.86 4.80 depicts S. 21 base amount allocations, and U.S. Virgin Islands ...... 1.05 3.62 1.60 New Jersey—— the second column depicts H.R. 2360 alloca- Guam ...... 1.05 3.62 1.60 Mr. LAUTENBERG. Will the Senator tions. Additionally, you requested a third American Samoa...... 1.05 3.62 1.60 Northern Marianas ...... 1.05 3.62 1.60 yield? column to the chart depicting a 0.25% guar- Ms. COLLINS. I will be happy to anteed base. Guaranteed Base Total ... 762.73 1 579.20 251.20 yield once I conclude my explanation. H.R. 2360. Of the $1.918 billion appropriated Remainder to Be Allocated in H.R. 2360 ($1.518 billion for state and local Based on Risk ...... 1,155.27 1,338.80 1,666.80 The Senator from New Jersey again ignores the amount of money in this grants and $400 million for law enforcement Total ...... 1918.00 1918.00 1918.00 terrorism prevention grants), $580 million Percentage Allocated for Guar- bill that would go to the law enforce- would be distributed through the same dis- anteed Base...... 40% 30% 13% ment terrorism prevention program, Percentage Allocated for Risk .. 60% 70% 87% tribution process applied in FY2005. From which would be authorized for the first the total of $580 million, each state, DC, and 1 Due to rounding in CRS calculations, this amount is $800 thousand less time in this legislation. Prevention than $580 million. Puerto Rico would receive $10.86 million, and Source: CRS calculations based on formulas in S. 21 and Senate reported takes a back seat to responding to a each U.S. possession and territory $3.62 mil- H.R. 2360. terrorist attack, and that is why vir- lion. After the distributions, roughly $1.3 bil- tually every police association in this lion would be available to be distributed Mr. LAUTENBERG. We will see that through the risk assessment process. the Senator from Maine gets a copy country has endorsed the Collins-Lie- S. 21. The bill would allow states, U.S. pos- immediately. berman bill, virtually every one, be- sessions, and territories to select either of The PRESIDING OFFICER. The Sen- cause of our emphasis on prevention as two options that yields the highest funding ator from Maine. well.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15575 The National Association of Police targets, will get the support it needs Mr. PRYOR. Mr. President, I rise in Organizations wrote: Unlike other and deserves. support of the Collins amendment to homeland security grant proposals, S. The city is a major financial hub the Homeland Security appropriations 21 ensures that the prevention of ter- with more than 130,000 people employed bill before this body. I want to thank rorist attacks, not just response ef- in the securities, banking and insur- Homeland Security and Governmental forts, receives a significant share of ance sectors. Any interruption in the Affairs Committee Chairwoman COL- homeland security funds. ability of these industries to function LINS and Ranking Member LIEBERMAN I would be happy to yield to the Sen- would undoubtedly reverberate far be- for the diligent and considerate effort ator from New Jersey on his time or on yond the city, and be felt across the they have made to bring this legisla- the time of Senator FEINSTEIN. Nation. tion forward. I yield the floor but reserve the re- The city was also a major part of the Also, I would like to thank Jeffrey mainder of my time. high-tech boom years of the 1990s. Highley, a civil engineering fellow in Mr. LAUTENBERG. I thank the Sen- Today, it remains one of the Nation’s my office, for all of his hard work on ator from Maine. most innovative high-tech corridors. It this issue. He has been a valuable asset Mr. KENNEDY. Mr. President, I employs over 100,000 professionals to my office. strongly support the Feinstein amend- whose inventiveness is not limited to I know there will always be more ment which is a sensible and vital re- the city, but is a major component of that we can do to prepare for and pre- form of the way our homeland security the Nation’s economic recovery. vent against the threats to our secu- dollars are distributed. The $7 billion tourism industry is rity. Yet the Homeland Security appro- The 9/11 Commission wrote in its re- also a major driver of economic priations bill before this body con- port that: growth. September 11 had an acute im- tinues to reduce the level of State Homeland security assistance should be pact on Boston’s ability to attract visi- funding that began as a response to an based strictly on an assessment of risks and tors. Undoubtedly, if another attack attack on our Nation. vulnerabilities. were to happen, a similar chilling af- That is why this amendment is so All communities, large and small, fect would occur. necessary. It restores threat-based The danger is not theoretical. In 2001, need to be prepared for the worst. How- funding to the level States received in an Algerian citizen, who later joined ever, with limited and, frankly, inad- 2004 and increases the amount in the al-Qaida entered Boston as a stowaway equate resources, we have to make underlying bill by more than $1 billion. choices about how to prioritize home- on an Algerian gas tanker. Security experts said that if the Furthermore, it provides a smart and land security spending. responsible approach to funding. The 9/11 Commission stated in its re- tanker’s hull and cargo tanks had been successfully breached, the result could In order for our State and local emer- port: have been a disastrous fire in the port gency response teams to plan a long- Federal homeland security assistance of Boston. term strategy of preparedness, they should not remain a program for general rev- need to have a level of predictable enue sharing. It should supplement state and Another key aspect of the Feinstein amendment is its preservation of the funding. States are required to submit local resources based on the risks or plans to DHS 3 years in advance. This vulnerabilities that merit additional sup- Urban Area Security Initiative, which port. has funded preparedness and preven- amendment will establish a fair and tion efforts in 56 of the most likely tar- stable funding formula that States That is exactly what the Feinstein such as Arkansas can use to plan amendment does. It requires homeland get regions that are home to more than 75 million people. ahead. security grants to be allocated based Furthermore, this amendment will on an assessment of threat, vulner- Yesterday, the mayors of 22 cities, including Boston, wrote the distin- ensure that critical prevention efforts ability, and impact on the Nation. receive funding. The National Associa- According to the Congressional Re- guished majority and minority leaders expressing their support for the Fein- tion of Police Organizations agrees, search Service, under the Feinstein ‘‘[this amendment] ensures that the amendment, 87 percent of homeland se- stein amendment. They wrote: It maintains the critical partnership be- prevention of terrorist attacks—not curity spending would be based on risk. just response efforts—receive a signifi- Today, by comparison, fully 37.5 per- tween the Federal government, States and cant share of the homeland security cent of homeland security funds are al- the Nation’s highest risk areas by maintaining the Urban Area Security Initiative pro- funds.’’ located for distribution before any risk gram. These Urban Area Security Initiative I know there are some in Congress analysis is done. regions have for several years been aggres- who believe that the funding formula A Washington Post editorial of May sively working to implement comprehensive for homeland security grants should 17 asked the question: plans for terrorism prevention and prepared- solely reflect perceived threat and risk. ness approved by their States and the De- What, exactly are Federal ‘‘first re- While I understand these concerns, I sponder’’ grants supposed to do? Are they in- partment of Homeland Security. Maintain- tended to give extra financial help to fire- ing the Urban Area Security Initiative pro- respectfully disagree with my col- fighters and police officers who work in gram will preserve and sustain the substan- leagues on the merits of their argu- places where the risk of a terrorist attack is tial planning, long-term projects, and re- ments. highest? Or are they meant to spread Federal gional decision-making processes underway. Conventional wisdom might suggest pork evenly around the country? Without the Feinstein amendment, that another terrorist attack will in- This is not an attempt, however, to we could see a funding cut in the Urban volve a target-rich environment—a big deny any Federal homeland security Area Security Initiative. bustling city with skyscrapers and mil- funding to those areas that we know We all agree that every community lions of people. Conventional wisdom are the least likely to be targets. in America deserves to receive its fair suggests that terrorists might strike at Under the Feinstein amendment, $251 share of Federal homeland security as- a location or at a symbol that personi- million in Federal homeland security sistance. No community should be left fies America. I say, however, that to aid would still be spread evenly across unprotected. But it makes no sense to only rely on conventional wisdom sets the States. use limited resources to provide max- ourselves up for unforeseen but certain However, the vast majority of fund- imum preparedness in the least at-risk tragedy down the road. ing—over $1.6 billion—would be allo- communities, when we still have not I ask my colleagues: Four years ago cated based on actual risk. yet achieved even the minimum level could we have fathomed 19 terrorists In practical terms, the amendment of preparedness in our most high-risk hijacking American airliners with box will guarantee $300 million more than areas. The Feinstein amendment re- cutters no less? Could we have fath- the underlying bill for high-risk areas. flects that obvious priority for commu- omed these hijackers using those air- It means that cities like Boston, with nities across the country, and I urge liners to conduct suicide missions? its dense concentration of high-risk my colleagues to support it. Could we have fathomed watching as

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15576 CONGRESSIONAL RECORD—SENATE July 12, 2005 two airplanes struck the World Trade This is why I urge my colleagues Committee has sole or shared jurisdiction Center and yet another crashing into from States small and large to support over the activities of numerous agencies and the Pentagon? the Collins amendment. It strikes a offices: the Office of the United States Trade Representative; the Department of Agri- And as you ponder those questions, I fair balance between the critical need culture Foreign Agricultural Service on also ask: Just 1 month after that, as to provide a baseline of protection and matters relating to foreign barriers to U.S. America was pulling itself out of the providing risk-based funding. agriculture goods; numerous divisions within ashes, still recovering from the horrific Mr. GRASSLEY. Mr. President, the Department of Commerce; and Broad Ju- acts of September 11, 2001, did anyone While I support the underlying amend- risdiction over the Department of Homeland foresee an envelope being sent to Sen- ment and hope my colleagues will sup- Security. ator Tom Daschle’s office that would port it, I rise to strongly object to a This provision of this amendment cause the largest biological attack on provision in this amendment which lies clearly falls within the jurisdiction of American soil and effectively shut within the jurisdiction of the Senate the Finance Committee. And there is a down the Senate Hart Building for sev- Finance Committee. Section 1808 re- reason for committee jurisdiction. We eral months? quires the Bureau of Customs and Bor- need to ensure that those committees We look back at these events now in der Patrol to conduct a study on the with appropriate expertise have an op- hindsight and I think we have learned screening of municipal waste. The Bu- portunity to weigh the implications of a lot about our enemy and what it will reau is then required to ban the impor- these provisions before they become take for us to both win the war on ter- tation of such waste 6 months after the law. Otherwise, we end up exactly ror and defend our homeland. report is submitted unless certain cer- where we are today—exposing our ex- But let us remember: we must be pre- tifications are made. porters to unnecessary trade retalia- pared for the next terrorist attack, not I have been in consultation with the tion due to ill conceived and short- the last. And that terrorist attack Office of the United States Trade Rep- sighted provisions. could come in many shapes and sizes. resentative and believe that this provi- I urge the conferees to reject this I understand how some might think sion raises serious international trade provision during conference consider- that big cities on the east and west concerns. In fact, this provision could ation. coasts are those most vulnerable, most violate trade responsibilities under Mr. CORZINE. Mr. President, I rise at risk for another horrific attempt. both the World Trade Organization and today to speak about the need for risk- But I think it is obtuse to write off a the North American Free Trade Agree- based homeland security funding. This large section of this country because of ment. If that is the case, our exporters concept is as urgent as it is simple. Homeland security grants related to conventional wisdom. are likely to face retaliation. I don’t I think it is naive to believe terror- want that to happen. Furthermore, it terrorism prevention and terrorism preparedness should be allocated based ists would never strike at our heart- could also provoke similar restrictive strictly on an assessment of risk, land, that they would not attempt to actions by our trading partners against threat, and vulnerabilities. attack our food supply or our nuclear U.S. waste exports. According to the Environmental Protection Agency, ap- The best approach is to ensure that and chemical plants located in both all homeland security funds are allo- large and small States. proximately 250 U.S. companies in over 30 States sent hazardous waste ship- cated to States based on the vulnera- I think it is shortsighted to think bilities of each State. Earlier this year, that the next attack will be similar to ments to Canada in 2003 alone. I am especially disappointed that Senator LAUTENBERG and I introduced the first and to prepare with such nar- this provision was reported out by the a bill to ensure that the distribution of row vision. Committee on Homeland Security. Homeland Security funds would be 100- In order for America to be protected Last year we engaged in significant de- percent risk based. This is the right from terrorism, we need all parts of the bate regarding appropriate jurisdic- way to ensure that our homeland is country to be prepared. tional responsibilities of each com- truly protected. It is not an issue of be- Local and State entities and first re- mittee. The Senate determined that lieving that larger, more populous sponders across the Nation have provisions relating to Customs and bor- States deserve more funding; it is sim- worked doggedly to make our Nation der protection and international trade ply a question of believing that the safer, and they have. Our civilian au- clearly lie within the jurisdiction of places with the greatest need deserve thorities must be able to respond to the Finance Committee. the most resources. whatever may confront them in the fu- Just a cursory reading of the scope of The Department of Homeland Secu- ture. But how can they properly re- the Finance Committee’s jurisdiction rity appropriations bill on the Senate spond when they are not given ade- under Rule 25 of the Standing Rules of floor includes a 70-percent risk-based quate resources? the Senate provides that: formula that would ensure that $1.3 bil- With the amendment offered by Sen- The following standing committees shall lion in funding would be allocated ators COLLINS and LIEBERMAN, State be appointed at the commencement of each based on risk. Senators FEINSTEIN and homeland security will be based on the Congress, and shall continue and have the CORNYN have proposed an amendment essential capabilities necessary to pre- power to act until their successors are ap- to improve this and ensure that 87 per- pare for potential terrorist attacks, pointed, with leave to report by bill or other- cent of the funds—$1.9 billion—would major disasters, and other emer- wise on matters within their respective ju- be allocated based on risk. While I gencies—no matter where they might risdictions: Committee on Finance, to which com- would still prefer 100 percent, I support occur. mittee shall be referred all proposed legisla- the Feinstein-Cornyn amendment. September 11 made us acutely aware tion, messages, petitions, memorials, and New Jersey and the rest of the coun- that there are vulnerabilities in our other matters relating to the following sub- try will be much safer under the Fein- homeland but it also made us acutely jects: Customs, collection districts, and stein-Cornyn proposal than under the aware of the need of genuine partner- ports of entry and delivery; reciprocal trade Collins-Lieberman amendment, which ships that involve all segments of our agreements; revenue measures generally; would only allocate 60 percent of the communities and all levels of govern- and tariffs and import quotas, and matters funds based on risk. Under the Collins- ment—we all have a role in keeping our related thereto. An elaboration of the scope of the Fi- Lieberman amendment, all of the community safe. nance Committee’s jurisdiction can be homeland security grant money would So I submit that part of our job of be combined into one fund; of that, 40 found on our web site where it is clear- the Federal Government must be to en- percent would be allocated as guaran- ly explained that: sure that local governments are given teed funding for the States and would the resources to protect their citizenry The Senate Finance Committee’s jurisdiction is defined by subject matter—not by be distributed either on the basis of .55 and that we all share the responsibil- agency or Department. percent per State or on a sliding scale ities for homeland security wisely and As a consequence of the committee’s broad baseline allocation, which would be de- fairly. subject matter jurisdiction, the Finance termined by a State’s population and

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Two of ple of New Jersey to live through what amendment combines all funding the 9/11 terrorists were based in New they have and then see cuts in home- sources into one fund and allocates too Jersey and the anthrax that hit this inland security. This is an extremely im- much funding, 40 percent of the total stitution originated in New Jersey. portant issue to them and they want allocation, as minimum, guaranteed In addition to Port Newark and New- and expect change. grants to each State. Under a more ark Airport, the Ports of Philadelphia I am not seeking to deprive other risk-based formula, New Jersey would and Camden are critical vulnerabili- parts of the country of the homeland receive greater homeland security ties. security funding they need. But I be- funds to handle the substantial risks New Jersey is home to rail lines, lieve that we must leave it to the De- that face my State. bridges, and tunnels to New York City, partment of Homeland Security to Mr. President, those of us who live in as well as chemical plants and nuclear make the determination of what States high-risk areas are acutely aware of facilities. should receive funding based on need, the threat of terrorism. But protecting Atlantic City has the second highest vulnerabilities, and threats. our homeland is not something that concentration of casinos in the coun- The Department of Homeland Secu- can, or should, be looked at as an ex- try. rity was created to stop terrorism. It is clusively ‘‘local’’ issue. Experts Wall Street and other financial serv- responsible for analyzing intelligence throughout the Nation support a risk- ices firms house important front and on threats to our Nation and for pro- based approach. Protecting America, in back office operations, including clear- tecting our people and our infrastruc- the places where we are most vulner- ance and settlement services, and other ture. able, in places where we know that ter- operations essential to functioning of Mr. President, directing our home- rorist want to inflict the greatest America’s capital markets in Newark, land security funding toward those harm, is in fact a national issue—which Jersey City, and Hoboken. areas that are most at risk is espe- is why the 9/11 Commission rec- To underscore those risks, in the cially critical in times of shrinking ommended pure risk-based allocation. summer of 2004 Newark was one of budgets. And let me note that the To quote the Commission: three locations—including New York President understands the need for Homeland security assistance should be City and Washington, DC—that was put risk-based funding and suggested an based strictly on an assessment of risks and on Orange Alert for a possible terrorist approach similar to the Feinstein-Cor- vulnerabilities. . . . [F]ederal homeland secu- attack as intelligence suggested that nyn amendment in his budget for 2006 rity assistance should not remain a program the Prudential building in downtown when he proposed the allocation of $251 for general revenue sharing. It should supple- Newark could be a target. ment state and local resources based on the million to each State and $1.7 billion, risks or vulnerabilities that merit additional And Mr. President, the costs associ- or 87 percent of total funds, for higher support. Congress should not use this money ated with protecting Newark during risk areas based upon need. as a pork barrel. that period of heightened security alert By passing the Feinstein-Cornyn Mr. President, one of the reasons this were very real. amendment, we will continue the crit- is such a national priority is because of Last year wasn’t the first time that ical work of post-9/11 reform that in- the economic issues at stake. An at- New Jersey has incurred substantial cluded the creation of the Department tack on our Nation’s economic assets, costs because of its unique vulner- of Homeland Security itself, the estab- our capital markets, or our financial ability. lishment of the 9/11 Commission, and institutions would have a ripple effect The post office in Hamilton, NJ, the passage of the intelligence reform throughout the country and have a se- where the anthrax was sent, has had to bill. rious long-term effect on our Nation’s be cleaned up. The costs are expected Mr. President, we need to deal with economy. to be $72 million for decontamination homeland security as we do national Protecting these assets has to be part and $27 million for the refurbishment security. That means directing our re- of our national strategic consider- of the facility. sources toward making us safer by tar- ations. In my State, New Jersey, we Yet despite these growing threats to geting need, vulnerability, and threat have many such targets. We have areas New Jersey—from anthrax to the Or- to address the Nation’s homeland secu- like the Port Newark. Eighty percent ange Alert, and the ever-expanding rity funding needs. of the cargo containers that come into costs associated with protecting the The PRESIDING OFFICER. Who the east coast arrive at that port. most densely populated State in the yields time? Then there is the 2-mile stretch, from country, remarkably homeland secu- Mrs. FEINSTEIN. Mr. President, how the port to Newark Airport, a stretch rity grants to New Jersey were cut in much do I have remaining this morn- of terrain the FBI has called the ‘‘most 2005. ing? dangerous 2 miles in America.’’ Funding was reduced from $93 million The PRESIDING OFFICER. The Sen- And Mr. President, Newark Airport is in 2004 to $61 million in 2005. Newark ator from California has 4 minutes 10 not only the busiest airport in the tri- has seen a 17-percent reduction in seconds remaining. The Senator from state area, it is, depending on the time funds, from $14.9 million to $12.4 mil- Maine has 14 minutes remaining. of year, the third or fourth busiest air- lion. And, incredibly, Jersey City’s Mrs. FEINSTEIN. I yield, then, to port in America. A terrorist attack on homeland security funds have dropped the Senator from New Jersey. Newark Airport, or on any of these by 60 percent, from $17 million in 2004 The PRESIDING OFFICER. The Sen- other possible targets, would have a to $6.7 million in 2005. ator from New Jersey. wide-ranging, long-term effect on our These cuts leave New Jersey—home Mr. LAUTENBERG. Mr. President, I national economy. Protecting these of countless businesses and people that had asked to be yielded to for a ques- critical national assets must be a na- keep our economic engine moving; tion, but if there is no yielding, if the tional priority. home of one of the most active and ex- time is charged to me, I do not need Regrettably, the current homeland posed ports in the country; home of one consent from anybody. If it is our time, security grant system results in fund- of the busiest airports in America; we are going to use it. ing allocations that fail to adequately home of our Nation’s new Homeland I thank the Senator from Maine but consider the risk, vulnerability and Security Secretary—36th in the Nation would say no thank you, and I will threats posed to specific communities. in per capita homeland security fund- take this brief minute because what we And that is just plain wrong. ing. are looking at is what has passed

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First of all, age for the risk-based of $183.53 million. would give the Joint Chiefs of Staff the this debate is not about big States We can turn the table, we can play ability to mount a battle plan, I think versus small States, although it cer- with the numbers, but we are looking we should give Homeland Security the tainly sounds that way. at an appropriations bill. And if we do ability to mount the risk analysis that Our amendment, for example, is co- not believe CRS, then I do not know to enables the distribution of grants in sponsored by both Senators from Ohio whom we ought to turn for advice and the most effective way. and, in fact, was heavily influenced by for understanding. We have tried to do this in our bill. and contributed to by the Senator from When the Senator from Maine sug- The underlying bill has 70 percent of Michigan, Mr. LEVIN. I ask unanimous gests that my numbers are incorrect, the funds based on risk; the Collins- consent he be added as a cosponsor. do not take my numbers, please. Just Lieberman amendment, 60 percent on The PRESIDING OFFICER. Without take CRS and see what they say. It risk; and Feinstein-Cornyn, 87.5 per- objection, it is so ordered. makes it all very clear. It is a 60/40 recent on risk. Ms. COLLINS. One reason our lationship, far different than that The choice is clear. People who be- amendment bridges the small State-big which we intended when the amend- lieve differently will vote differently. State divide is that unlike the alter- ment passed the committee. There is always a question because we native amendment, the underlying bill, I yield the floor. know the composition of this body, we or current law, our amendment breaks The PRESIDING OFFICER. Who know the number of small States, and away from a one-size-fits-all approach yields time? The Senator from Cali- we know the likelihood that people are by establishing this sliding scale min- fornia. going to vote their State. I say to imum allocation. Does a more populous Mrs. FEINSTEIN. How much time do them, whether they do the best thing, State require more funds to achieve I have remaining? if something happens and people look adequate levels of preparedness and The PRESIDING OFFICER. The Sen- back as to how the money was allo- 1 prevention? The answer is yes, which is ator from California has 2 ⁄2 minutes cated, I would much prefer to be able why the 19 most populous and densely remaining. to say that the best experts we have populated States would get a higher Mrs. FEINSTEIN. I will use the time, have made the decisions on the alloca- baseline allocation than the .55 percent if I might, then. The distinguished tion of funds, rather than that I would chairman of Homeland Security and doing it on any other basis, whether that other States would achieve. That Governmental Affairs mentioned some- that basis is population, whether it is includes the State of New Jersey, I thing which affected me a little bit, geography, whether it is based on would note, which receives consider- and I would like to respond to it re- whether you produce food or whether ably more. spectfully, that our amendment was you produce high tech or anything else. Second, the underlying bill is not a cobbled together on the Senate floor. I The money must go where the threat middle point between the amendment point out that our amendment was in- and risk is, the money must go where that Senator LIEBERMAN and I have of- troduced as a bill on May 12. I also the vulnerabilities in the eyes of the fered and the Feinstein-Cornyn amend- point out that prior to that we worked terrorists are, and no formula can ment. In fact, the underlying bill in on this amendment for at least 6 know where those vulnerabilities are. our amendment includes substantially months with high-risk areas, with cit- The PRESIDING OFFICER. The time the same type of baseline allocation for ies, with States, and with law enforce- of the Senator has expired. most States. The difference is that ment. Mrs. FEINSTEIN. I yield the floor. under our amendment, the 19 most pop- This amendment is born in the belief The PRESIDING OFFICER. The Sen- ulous and densely populated States that just as terrorists in Great Britain ator from Maine has 14 minutes re- would receive a greater baseline alloca- did not go to Stratford-on-Avon, they maining. tion. went to London; just as 9/11 did not Ms. COLLINS. Mr. President, before If you take into account the sliding take place in Milpitas, CA, it took the Senator from California leaves the scale minimum, which neither of my place in the financial center of Amer- floor, let me say I admire the Senator friends on the other side of the aisle ica; and just as the bombers in Spain from California, who is one of the most have taken into account when they did not go to a rural Spanish commu- careful, thorough Members of this look at our bill, our amendment and nity, they went to Madrid. body. the underlying bill allocates substan- Now, I can only use my experience as The point that I was trying to make, tially the same amount of funds based a member of the Intelligence Com- and perhaps not as artfully as I should on risk. mittee to say whether it is advisable to have, is that the Homeland Security When we talk about the significance have a fixed formula or advisable to Committee has held extensive hearings of preventing the next terrorist attack, give those people who have access to on the Homeland Security Grant Pro- it is important to note that terrorists all of the intelligence—intelligence gram. I am not aware of other commit- have been proven to use staging areas from CIA, intelligence from counter- tees in the Senate having done that. away from the most obvious targets. terrorism people, intelligence from the We have held extensive hearings over 3 So while New York City, Los Angeles, FBI, and all of those who do the risk years. We drafted a bipartisan bill. We and Washington, DC, are clearly tar- analysis, whether they should have the received input from a number of gets, let us not forget that opportuni- flexibility to determine where the groups. We have had two different ties to catch terrorists, to stop them, moneys go. From my perspective, that markups, and the bill was reported exist in places such as Portland, ME; is the way to go. From my perspective, unanimously last year, with only Sen- Norman, OK; and Norcross, GA. America is best protected if we give the ator LAUTENBERG in dissent this year. As a recent publication of the Inter- people with the knowledge and the in- So our bill has had a great deal of con- national Association of Chiefs of Police telligence the maximum flexibility to sideration. That was the only point I notes: allocate funds based on quality of was trying to make. grants to areas that are likely targets. Several of the terrorists involved in the As the Senator knows, I have a great September 11 attacks had routine encounters Nothing can change my mind on this. deal of admiration for what a careful with State and local law enforcement offi- If you review intelligence, you get an legislator she is. cials in the weeks and months prior to the idea of what might be a target and Mrs. FEINSTEIN. If I might say, Mr. attack. If State, tribal and local law enforce- what is not a target. President, I have great admiration for ment officers are adequately equipped and

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As the 9/11 Commission report notes, Senators from California and Texas The Collins-Lieberman amendment terrorists trained and operated in dif- would all but eliminate the minimum will assure that every State can ferent parts of the country to prepare amount of Homeland Security funding achieve the level of preparedness the for and carry out the September 11 at- guaranteed to each State and would Department of Homeland Security has tacks. For example, two of the terror- give the Secretary of Homeland Secu- defined for the Nation. It will be a pre- ists were pilots and visited the flight rity almost unfettered discretion over dictable, reliable stream of funding. school in Norman, OK. Norman is also more than 90 percent of Homeland Se- The bottom line is more States have where Moussaoui and another terrorist curity grant funds. This amendment more to gain from our amendment in resided while attending school. Two of that Senator COLLINS and I have intro- defense of our homeland security. the terrorists stayed in Georgia, vis- duced dedicates significantly more I thank the Chair. Noting the hour, I iting such small communities as Nor- funding to purely risk-based grants yield the floor. cross and Decatur before living in than has been the case in previous AMENDMENT NO. 1129 Stone Mountain, GA. years. Under our amendment, it is fair The PRESIDING OFFICER. Under Although the 9/11 Commission found to say that everybody gets more sup- the previous order, the time until 12 no explanation for these travels, the port to protect their citizens against o’clock will be equally divided in the terrorists’ mobility reveals an unpre- the terrorist threat, including those usual form for debate on the Murray dictable pattern that shows that their areas that are deemed to be the highest amendment. presence was not confined to large cit- risk, but at the same time we, in the The Senator from Washington is rec- ies. Over and over again, if you look at Collins-Lieberman amendment, strike ognized. the list from the 9/11 Commission, you a judicious balance that would allow Mrs. MURRAY. Mr. President, would will see that the terrorists trained and each State to achieve basic prepared- you state the pending amendment? lived in rural America, in small com- ness. The PRESIDING OFFICER. Under munities. As I have said earlier, this Further, substantial reductions in the previous order, there is 30 minutes issue is very real to us from the North- the minimum would make it more dif- of debate on the amendment offered by east, from the State of Maine in par- ficult for States to achieve those essen- Senator REID on behalf of Senator ticular, because two of the terrorists tial capabilities, as outlined in the Na- MURRAY of Washington. started their day on 9/11 from the Port- tional Preparedness Goals that the De- Mrs. MURRAY. Mr. President, I ask land, ME, airport. unanimous consent to add Senators Over and over again, we have seen, partment of Homeland Security has set from law enforcement, warnings that out for our Nation. CORZINE, DAYTON, CONRAD, BINGAMAN, we need to pay attention to prevention, I want to very briefly outline, in the and SALAZAR to my amendment. The PRESIDING OFFICER. Without and that is exactly what this bill does. minute or two left before we go to an- objection, it is so ordered. Local police departments and sheriff’s other matter, several reasons why I Mrs. MURRAY. Mr. President, 2 offices provide the bulk of law enforce- think we should stick with the bal- weeks ago the Senate came together, ment services to rural communities, anced approach in S. 21, which is the not as Republicans and Democrats, but and they are severely constrained by a Collins-Lieberman amendment that as Americans, to do what is right for lack of resources. That is why so many came out of the Homeland Security law enforcement groups have endorsed Committee with overwhelming bipar- our Nation’s veterans. By a vote of 96– the Collins-Lieberman proposal. tisan support—only one vote against it. 0, we all agreed to increase veterans There are other challenges; for exam- While there is a need for more risk- funding by $1.5 billion. We agreed to fill ple, to our food supply. But I see the based funding, risk-based methodology the appalling shortfall the VA faces Senator from Connecticut is now on is an art, not a science. The bottom this year by agreeing to that amend- the floor, so I yield to him the remain- line is that while we think we know ment for $1.5 billion. It was a very ing time before we return to the Reid where terrorists wish to attack based clear message that we will be there for amendment. on past experience, the fact is we don’t the people who have served our coun- The PRESIDING OFFICER. The Sen- know for sure. They strike hard tar- try. I was very proud of the Senate ator from Connecticut. gets, they strike soft targets. when we passed that amendment to do Mr. LIEBERMAN. Mr. President, I Risk-based methodology is an art the the right thing. thank my friend and colleague from Department of Homeland Security is Shortly following that unanimous Maine. I regret I had other commit- still struggling to develop. So let’s not vote, the majority leader stood on the ments that did not allow me to join talk about it as if it is science. It is Senate floor and moved to have the with her in defense of our very worthy prediction. It is a probability. If we Senate yield to the House of Represent- amendment. I look forward to being focus all of our funding on where those atives’ lower figure of $975 million. back here at 2:15 when we return to it. probabilities lead, it will leave most of That would have gone against what Yesterday, I explained why I believe the country undefended. this Senate had just agreed to. That that our amendment is the right thing Terrorists have demonstrated a will- proposal by the majority leader also to do. It is balanced. It increases the ingness to attack a wide variety of tar- went against what the Senate Appro- funding based on risk to those areas gets in a wide variety of places. In 2001, priations Committee had agreed to ear- that have been deemed to be highest a plot was uncovered by intelligence lier that very same day. On a bipar- risk. But it recognizes a reality that agencies to attack an American school tisan and unanimous basis, the Senate terrorists strike at vulnerable targets. in Singapore. In 2002, in Bali, terrorists Appropriations Committee members Because they struck Washington and targeted a discotheque. In 2003, terror- reaffirmed that the Senate should ap- New York on September 11, 2001, ists struck a residential compound in prove the full $1.5 billion in immediate doesn’t mean that they are not going Riyadh. In 2004, terrorists targeted a funding for the VA. The Appropriations to strike smaller areas of our country, school in Beslan, Russia. Most of these Committee and the full Senate unani- less populated, in the years ahead. In may not have been considered to be mously agreed that America’s veterans fact, one of the great fears people have high-risk areas, but nonetheless they deserve the full $1.5 billion for this fis- had is of a coordinated series of ter- were targets of terrorists. cal year. Then there was an attempt to rorist attacks on public places outside Our own distinguished FBI Director accept a lower number. of large urban areas. Bob Mueller has said America is awash We need to make sure in this Senate The fact is, those places in America in desirable targets for the terrorists there is no backtracking and that vet- need to have some support from us as throughout this country. Funding pro- erans in this country who have served

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15580 CONGRESSIONAL RECORD—SENATE July 12, 2005 us honorably do not get shortchanged. alternatives,’’ the Army said in a statement diers. Officials credit that to a desire on the To make it clear to our Nation’s vet- released Monday. ‘‘We are concerned about part of the troops to finish the mission of erans and to the American public, I am meeting the fiscal year 2005 recruiting mis- making Iraq a stable democracy. sions, but we are confident that our recruit- The only other arm of the military that here with my colleague Senator AKAKA ing initiatives will take hold and the Amer- missed its June recruiting goal was the Navy and others in the Senate, offering an ican public will respond.’’ Reserve, which fell 8% short and remains the amendment that clears up this confu- Jack Harrison, a spokesman for the Na- same percentage behind its annual goal of sion. It clearly says the Senate stands tional Guard Bureau, said that despite the 8,733 recruits. The active Navy, Air Force firmly behind our unanimous vote of shortfall, the service is still able to meet its and Marines made their monthly goals, and $1.5 billion in emergency spending for commitments to the Pentagon as well as to are at or ahead of their year-to-date targets, state governors, who call on the Guard dur- the Pentagon said. veterans health care. The Air National Guard, Air Force Reserve If we backtrack, if we walk away ing disasters and other emergencies. Some governors have complained about and Marine Corps Reserve made their June from the $1.5 billion we promised this shortages of troops and equipment in their goals; of those, the Air Force Reserve and year for our veterans, our men and Guard units, prompting the Guard to set a Marine Reserve are at or ahead of their year- women who have served this country goal of keeping half of each state’s Guard to-date goals. The Air National Guard is 17% honorably will be hurt. If we yield to forces at home at any given time. behind its year-to-date goal of 7,619 recruits. the House’s $975 million, the VA hiring The Pentagon has already significantly re- The Air Force and Navy are seeing far less duced its use of all Guard and reserve forces action in Iraq and Afghanistan than their freeze will remain in place. That means counterparts in the ground combat forces of no new mental health specialists will in the last two years. In April 2003, during the height of the Iraq invasion, some 224,000 the Army and Marines, who have suffered be hired to help our veterans who are of them across all the services were mobi- most of the casualties. dealing with posttraumatic stress dis- lized for all federal missions both at home Mrs. MURRAY. Mr. President, that order. and overseas; that figure now stands at article states: If any of my colleagues went home as 138,000, according to Pentagon statistics. The Army National Guard . . . missed its I did last week and talked to returning Harrison acknowledged the heavy use of recruiting goal for at least the ninth soldiers from Iraq and Afghanistan, the Guard in missions in Iraq and Afghani- straight month in June and is nearly 19,000 they will know as I do that these men- stan has affected recruiting efforts, but soldiers below its authorized strength, mili- tal health specialists are absolutely noted that the service is ahead of its goals in tary officials said Monday. retaining soldiers who have the option to get Further, the Army Guard: needed for our men and women who are out. serving America today. ‘‘We have folks that are coming back from . . . is more than 10,000 soldiers behind its If we yield to the House’s $975 mil- long periods of time in Iraq and Afghanistan year-to-date goal of almost 45,000 recruits lion, the VA will not be able to build who are reenlisting,’’ he said. and has missed its recruiting target during any of the new clinics our veterans Guard troops make up more than one-third at least 17 of the last 18 months. have been promised. That means incon- of the soldiers in Iraq, numbering six bri- Many factors, as we all know, affect venience and less access to care for the gades plus a division headquarters. In the recruiting, but how we care for our vet- next rotation of troops, to take place over people who have sacrificed for our erans is absolutely one of them. As the next two years, the Guard’s portion of George Washington said: country. That is not what we promised the total force in Iraq is expected to drop The willingness with which our young peo- our veterans. This is a critical priority. substantially as newly reorganized active- ple are likely to serve in any war, no matter We have a huge problem right now in duty Army units come online and take up how justified, shall be directly proportional this fiscal year 2005. Secretary Nichol- more duties there, officials said. In total, the Army Guard has about 331,000 as to how they perceive the Veterans of ear- son has made it very clear that the VA lier wars were treated and appreciated by is at least $1 billion short this year. My soldiers, 94.5% of its authorized strength of 350,000, officials said. their country. colleagues know I have been here since Pentagon spokeswoman Lt. Col. Ellen That was George Washington back in the beginning of the year warning that Krenke said the Army Guard last made its 1789. It is still true today. this problem goes much deeper. Go out monthly goal in September 2004, when it ex- We need to show our veterans—to- to any of your VA facilities and talk to ceeded its target by 27 recruits. The last day’s veterans and those considering any veterans who are trying to get ac- time it made its goal before that was Decem- military service—we will be there for cess and Members will know as I do ber 2003. them. If the Senate retreats from what that veterans are waiting today 3 years Harrison, however, said the Army Guard had not met its monthly recruiting goal for we agreed to 2 weeks ago, it will tell for surgery. 20 straight months, since October 2003. Offi- potential recruits the VA will have a The Associated Press reported in the cials could not immediately explain the dis- hiring freeze and the VA will not have papers today that the Army National crepancy. The Army Guard also missed its new clinics and we will not be there for Guard is having trouble recruiting the annual recruiting goals for 2003 and 2004, them. That is the wrong message to soldiers it needs. Krenke said. The entire Army is suffering send. I ask unanimous consent to have from recruiting problems, but the other com- The Senate agreed our veterans need that article printed in the RECORD. ponents of the service—the active-duty force $1.5 billion. We agreed on a bipartisan There being no objection, the mate- and the Reserve—made their goals for June. basis. I am offering this amendment Both, however, remain well behind their an- today to make sure there is no back- rial was ordered to be printed in the nual goals, which they measure from October RECORD, as follows: 2004 to September 2005. tracking and that our veterans get the help they need, they deserve, and they [From the Associated Press] The regular Army has recruited 47,121 soldiers, or 86% of its goal of 54,935 for this were promised. This is a basic Amer- NATIONAL GUARD MISSES RECRUITING GOAL point in the year. It is trying to reach 80,000 ican issue we can and must all support. AGAIN by the end of September. Officials are be- If Members vote for this amendment, WASHINGTON (AP).—The Army National coming less hopeful they will make it, even we are giving the VA money to lift the Guard, a cornerstone of the U.S. force in though the summer is considered the high hiring freeze to hire the medical staff Iraq, missed its recruiting goal for at least season for recruiting, as recent high school it needs and to open new clinics. We the ninth straight month in June and is graduates look for jobs. nearly 19,000 soldiers below its authorized To deal with the problem, the Army has in- are telling today’s soldiers and tomor- strength, military officials said Monday. creased the number of recruiters in its row’s recruits we will be there for The Army Guard was seeking 5,032 new sol- ranks, and augmented incentives for those them. But if members choose to vote diers in June but signed up only 4,337, a 14% signing up. against my amendment, they are sim- shortfall, according to statistics released ‘‘We think these adjustments will begin to ply voting to keep their local VA hos- Monday by the Pentagon. It is more than take hold in the upcoming months,’’ the pital overwhelmed and understaffed, 10,000 soldiers behind its year-to-date goal of Army statement said. telling veterans in your State that almost 45,000 recruits, and has missed its re- The Army Reserve has recruited 15,540 sol- cruiting target during at least 17 of the last diers, or 79% of its goal of 19,753 at this point they will not get the new clinics they 18 months. in the year. were promised. This vote will send a ‘‘The recruiting environment remains dif- All three components of the Army are strong message to today’s veterans and ficult in terms of economic conditions and ahead on their efforts to retain current sol- tomorrow’s recruits.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15581 This Senate needs to make sure we clear that we have more work to do for going to support this amendment and, will show those who serve our country this year. This amendment reiterates in fact, Mr. President, I ask unanimous that we will be there for them just as that point. consent to be added as a cosponsor of they have been there for us. The battle for next year’s funding the Murray amendment. My colleague from Hawaii is here. He will be upon on us shortly, but we need The PRESIDING OFFICER. Without has been a tremendous advocate for to shore up hospital and clinic oper- objection, it is so ordered. veterans. I thank him for all his work. ations today. Mrs. HUTCHINSON. I do want to say I yield 5 minutes to the Senator from I am hopeful that we all learned a we are continuing to push the ball, but Hawaii. clear lesson from this experience, that this is not where I want it to end. What The PRESIDING OFFICER. The Sen- talking with health care providers in I hope we would be able to do, once we ator from Hawaii is recognized. VA hospitals and with the veterans talk in a little more detail to the Vet- Mr. AKAKA. I thank my colleague service organizations is invaluable. erans’ Administration Secretary and to for her efforts today. They told us what was really going on Mr. Bolton at the OMB, is to go ahead Mr. President, I rise today to once months ago. They are continuing their and pass the emergency supplemental again address the tremendous funding call for full funding for VA now. for 2005 that will be more than $975 mil- crisis in the VA. I thank my colleague, I yield the floor. lion, probably more in the range of $1.2 the Democratic leader, Senator REID, The PRESIDING OFFICER. Who billion or $1.27 billion for 2005, and then for his determination at this time to yields time? come in with another supplemental ensure that $1.5 billion is provided The Senator from Texas is recognized from OMB to the budget that we would without delay. Again, I thank my col- for the time in opposition. put into our 2006 appropriation, be- league Senator MURRAY for her efforts Mrs. HUTCHISON. Is there a time cause Senator FEINSTEIN and I are the as a member of the Committee on Vet- limit? chairman and ranking member of Vet- erans’ Affairs. The PRESIDING OFFICER. Each erans Appropriations. Senator MURRAY While we have consensus in both bod- side controls 15 minutes. There is 21⁄2 sits on that committee as well. And we ies of Congress that VA is facing a tre- minutes remaining controlled by the want to do 2006 the right way. We al- mendous funding shortfall this year, Senator from Washington and 14 min- ready, through the cooperation of the we are lacking consensus on how much utes remaining controlled by the ma- chairman of the Appropriations Com- should be provided this year. The Sen- jority leader. mittee and the ranking member, Sen- ate clearly believes that $1.5 billion is Mrs. HUTCHISON. Mr. President, I ator COCHRAN and Senator BYRD, added needed. commend Senator MURRAY, Senator $1.3 billion to what was in the Presi- The House, on the other hand, has AKAKA, and all Members who have dent’s original request. I believe the taken the administration’s view that worked together with Senator FEIN- President will agree to come in with only $975 million is needed. STEIN and myself on this veterans another add to that of $1.6 billion or so. While I am delighted that the admin- issue. So I think if we can continue to work istration has admitted that there is a I spent last Thursday with Veterans’ together as we have been, we will have shortfall, I don’t believe that we can Administration Secretary Nicholson. I a more definitive answer, but I do not now put our faith in their estimate of am very pleased Secretary Nicholson think we ought to stop with what Sen- what VA needs. has done so much to address this issue ator MURRAY is trying to do until we As I said last night, judging by the once he determined from an audit of do come to the agreement to solve this supplemental sent forward by the the agency that we were not going to problem both for 2005 and for 2006 in President, VA officials are less than get through 2005 for the Veterans’ Ad- the most responsible way. generous and, frankly, less than accu- ministration without taking from So I am very happy to cosponsor the rate. maintenance funds and other funds to amendment knowing we hopefully will The $975 million now proposed by the cover our operating expenditures. The finish the emergency supplemental be- administration—and carried forward by Secretary could have tried to put this fore this bill actually makes it to the the House—falls way short of address- Band-Aid on, but he did not. Secretary President. That would be the goal of all ing all of VA’s problems. Just examine Nicholson came right out and said we of us, I believe—to have the emergency one part of their estimate—their new do not have enough for 2005. We have for 2005 passed this week or at the ear- costs associated with returning service models that show us what the growth liest possible moment and send it to members. rate for service in the Veterans’ Ad- the President so that money becomes VA now believes that 103,000 more ministration would be. The models available. veterans will be treated this year. The show about 2.3 percent. That has been In the meantime, I know the Vet- cost of treating this kind of patient is the norm throughout the last number erans’ Administration is not turning $5,437 a year—as documented by VA of years. But in fact the growth rate is anyone away. They are not stopping data. 5 percent. So Secretary Nicholson, any dirt from flying for the clinics that Yet, the administration wants to now Josh Bolton, at the Office of Manage- are in the process of being built and convince Congress that, in fact, the ment and Budget, and the President the hospitals that are on the drawing cost of treating a patient is less than himself said we are not going to put a boards. I know the sincerity of Sec- half of this amount. Again, using VA Band-Aid on the Veterans’ Administra- retary Nicholson, having traveled with data, the cost of caring for an addition. him on Thursday and seeing how much tional 103,000 returning veterans is $560 Senator MURRAY saw this coming he cares about our veterans getting the million and not the $273 million sug- early on. She did believe there were best care. This is a decorated Vietnam gested by the administration. And more veterans coming into the system war veteran. He is a man who grad- other key programs such as readjust- from what she was hearing in the field, uated from West Point and knows the ment counseling and dental care were and the Veterans’ Administration at veterans community very well. ignored by the House in the VA supple- that time did not see the model that So with that, Mr. President, I am mental. was not working. But when they did, very appreciative of Senator MURRAY It is imperative that the Senate they stepped up to the plate. They have bringing this matter to everyone’s at- again send the House a message that now come back with numbers that are tention. With Senator AKAKA, we all we intend to provide adequate funds. higher than the $975 million that has serve on the Veterans’ Affairs Com- The Senate has already spoken in a been put in an emergency appropria- mittee as well as the Veterans Appro- clear and bipartisan manner on this tion on the House side just for 2005. priations Committee. And speaking of issue. Now, our $1.5 billion that I intend to that, Senator CRAIG, the chairman of Given the House’s work to provide support is to be spent this year or the Veterans’ Affairs Committee, has less than the full amount needed, it is going into next year if necessary. I am been a real leader here as well in trying

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15582 CONGRESSIONAL RECORD—SENATE July 12, 2005 to work this through. I think all of us The PRESIDING OFFICER. The Sen- So our message is not just to the vet- intend to work on a bipartisan basis, ator from Washington controls 21⁄2 min- erans that we stand behind you. Our Senator FEINSTEIN and myself on the utes. message is to the House of Representa- appropriations side, Senator CRAIG and Mrs. MURRAY. How much does the tives: Stand behind us, join us in the Senator AKAKA on the Veterans’ Com- other side control? battle for $1.5 billion to make sure we mittee side, Senator MURRAY as the The PRESIDING OFFICER. Five keep our promise to veterans. leader in bringing this to everyone’s minutes. What we are doing, when we are not attention before it became a fact. Mrs. MURRAY. Mr. President, I debating this, is the Homeland Secu- I think we have the nucleus here, would ask if the other side would mind, rity bill in light of terrorism and working with the administration, to do if they have no other speakers, yielding threats to the United States. As Sen- 1 the right thing and to do it in the right Senator DURBIN 2 ⁄2 minutes of their ator STABENOW of Michigan has said, way. I think Secretary Nicholson is to time or if they want to continue. we need to be prepared and protected be commended for stepping up to the Mrs. HUTCHINSON. I would give both at home and around the world. If plate and working with Josh Bolton to some time away, but I would like to be we are going to be protected, we need able to respond. I don’t know, because do that right thing. There will be no the best military in the world with our I haven’t been on the floor, what the dollar, no dime spared in treating our support. This money for the Veterans’ Senator’s comments are going to be. If veterans. It is a part of our war on ter- Administration keeps that promise to I could reserve a couple of minutes also ror, to make sure those coming home our soldiers and to our veterans. for rebuttal if I need to, the other side do have the care and service they need. The PRESIDING OFFICER. The Sen- is welcome to go forward. In this war we are seeing many more The PRESIDING OFFICER. Without ator’s time has expired. injuries. That is one of the reasons the objection, the Senator from Illinois is The Senator from Washington. tables were skewed, the models that recognized for 2 minutes. Mrs. MURRAY. I thank my colleague have been used for the future. We have Mr. DURBIN. I say to the Senator from Illinois, and I also thank my col- fewer deaths in this kind of conflict on from Texas, she will not have to rebut league from Texas. a normal basis, but we have more inju- any of these remarks because we agree Mr. President, I saw the Washington ries. And that means we are going to completely. The good thing is we are Post article yesterday on ‘‘VA Hospital have to take care of these people be- talking about money for the Veterans’ in Texas Fights to Stay Open.’’ cause they have been taking care of us. Administration. This is not a hard call. I ask unanimous consent that the ar- We intend to do that and we need to do We have veterans returning who need ticle be printed in the RECORD. it on a bipartisan basis. I thank Sen- help. Millions of Americans have been The PRESIDING OFFICER. Without ator MURRAY, Senator AKAKA, Senator promised they will have a helping hand objection, it is so ordered. CRAIG, and Senator FEINSTEIN for tak- once they serve our country and need There being no objection, the mate- ing the lead on the Senate side, work- assistance in the VA system, and so we rial was ordered to be printed in the ing with the administration, and I try to guess how many dollars will be RECORD, as follows: think the veterans can be assured the needed to meet that obligation. It is a [From the Washington Post, July 11, 2005] right thing will be done and this is one very tough calculation, tougher still VA HOSPITAL IN TEXAS FIGHTS TO STAY OPEN more step to make that happen. because we have soldiers coming back (By Sylvia Moreno) I thank the Chair. I yield the floor. from Iraq and Afghanistan and other WACO, TX.—Building 7 on the campus of Mrs. FEINSTEIN. Mr. President, I places who are seriously wounded, as the Veterans Affairs Medical Center here is want to thank the Senator from Wash- the Senator from Texas has just men- called Blind Rehab, a special unit for aging ington for raising this issue again. Be- tioned, and they, of course, are our vets who have macular degeneration or dia- fore the Fourth of July recess, the Sen- high priority. betes-induced vision problems. ate passed this amendment 96 to 0 Senator MURRAY came to the floor But this past year, Blind Rehab began to showing this body’s united commit- months ago and said the administra- see a new type of patient: veterans barely ment to our Nation’s veterans. tion is not making an appropriate cal- past their 20th birthdays, blinded by gunshot We worked hard with our colleagues wounds and bombs in Afghanistan and Iraq. culation of how much money this is ‘‘These soldiers now have flak jackets and across the aisle to ensure that the Vet- going to cost. We are going to end up armor that protect their bodies and keep erans’ Administration’s shortfall in having more veterans needing assist- them alive, but we see traumatic limb inju- Fiscal Year 2005 was addressed by pass- ance than money to take care of them. ries and traumatic head injuries,’’ said Stan ing a $1.5 billion emergency supple- For a long time she was a lonely voice, Poel, chief of Blind Rehabilitation Services mental. offering amendments to appropriations at the Waco hospital. ‘‘Those are the things I was disappointed that the House of bills that were being defeated. It turns that are presenting a challenge to the VA.’’ Representatives did not follow our lead out 2 or 3 weeks ago she was proven These are also the kinds of patients the and instead passed a nonemergency Department of Veterans Affairs now projects right and the Veterans’ Administration will flood an already overtaxed and under- $975 million supplemental appropria- came forward and said, We need more funded health care system that treated more tions. money; we don’t have enough. than 5 million veterans last year. I understand that the administration The most positive thing that oc- ‘‘Our number one priority is returning will be submitting a Budget amend- curred was immediately Senator service members from the combat theater ment, shortly to address the Fiscal LARRY CRAIG, the Republican chairman . . . and to provide world-class health care to Year 2006 needs of the Veterans’ Ad- of the committee, and Senator MURRAY veterans, as well as benefits,’’ Veterans Af- ministration and I look forward to came together and said, Now let’s deal fairs Secretary Jim Nicholson said after a tour late last week of the 127-acre Waco cam- working with Chairman HUTCHISON to with this on a bipartisan basis, and the pus, whose neighbors to the west include the ensure that adequate resources are Senate did, putting $1.5 billion in emer- huge Army base of Fort Hood, with 41,000 sol- available for veterans health care next gency funding for the Veterans’ Admin- diers, and President Bush’s ranch in year. istration. Crawford. In the meantime, I would urge my That is the good news. The bad news ‘‘The increase in demand for our services colleagues to support the Murray is the message did not get across the from what we projected is up 126 percent,’’ he amendment which addresses this year’s Rotunda to the House. They decided said. ‘‘We have to obviously be prepared to shortfall and reaffirms our commit- they were going to cut that amount to ramp up.’’ ment to our veterans. $900 million, almost in half. The-Waco hospital, with its well-kept pre- The PRESIDING OFFICER. Who You think to yourself: What are they World War II red-brick, red-roof-tiled buildings, has provided health care for veterans in yields time? The Senator from Wash- doing here? Aren’t they hearing the central Texas for 73 years. Now it is on the ington. same things we are hearing? The Vet- chopping block, scheduled along with 17 Mrs. MURRAY. Mr. President, how erans’ Administration needs the other VA hospitals to be closed or downsized much time remains? money, the veterans need the money. as part of an agency plan to restructure the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15583 health care system. A 1999 government study funds to partially cover operating expenses why it is so critical is because in the found the VA was spending $1 million a day and delayed filling 131 vacancies for three early morning hours just before our on buildings it did not need, and in 2003 a months to cover operating expenses. The July 4 recess, some Senate leaders government commission recommended clos- Portland, Ore., hospital delayed non-emer- moved we lay down in deference to the ing older, underused hospitals, including the gency surgery for at least six months, and one in Waco. The Waco facility is part of the 7,000 veterans who use the VA facility in Bay House of Representatives’ lower num- Central Texas Veterans Health Care System, Pines, Fla., are waiting longer than 30 days ber. which also includes a hospital in Temple and for a primary care appointment. I think in the Senate we need to say outpatient clinics in Austin and five other ‘‘I’m going to go to a civilian doctor rather there is no confusion. On a unanimous communities. than wait 70 to 90 days,’’ Douglas McKee, 63, vote we supported $1.5 billion. The Ap- For the past two years, Waco officials, of Chilton, Tex., said as he left the Waco fa- propriations Committee, hours after residents and veterans groups have been cility on Thursday afternoon. McKee, who the House tried to limit funding for said he was disabled by a mine explosion in fighting back, emphasizing the importance veterans, unanimously affirmed our of the facility’s specialized blind rehabilita- Vietnam while serving with the 173rd Air- tion, psychiatric and post-traumatic stress borne Brigade, had just learned that his reg- support for $1.5 billion and now the disorder units; the large and aging veteran ular doctor was on duty in Iraq and that he Senate has an opportunity before us to population (Texas has the third-largest popu- could not get an appointment with a new tell our veterans we will do all we can, lation of veterans in the country with 1.7 physician until mid-October. He would also all we promised, to support and care million, a third of whom received VA health have to wait for some of his prescription re- for them when they return home. care last year); and, now, the wave of vet- fills, he said. Make no mistake, this Department erans from the wars in Afghanistan and Iraq ‘‘We laid our life on the line and then got needs the money. Even before the dra- blowed up and then you come here and you who will need its services. matic, unconscionable shortfall at the ‘‘They guaranteed so many years ago that get turned away. That ain’t fair,’’ said they will take care of [veterans], and I would McKee, who suffers from a variety of ail- Department was revealed, veterans say they’re pretty much going back on their ments and uses a walker to get around. ‘‘And around the country were facing long word,’’ said Ron Peterson, 35, an engineer then they got all the kids coming back from lines and crumbling facilities. We know with the 91st Engineer Battalion, 1st Cavalry Iraq.’’ the promised clinics are not there, and Division at Fort Hood. Peterson used a day Nicholson assured hospital employees and we know the soldiers returning with off last week to provide a motorcycle escort veterans gathered for his visit that no deci- posttraumatic syndrome are not being for Nicholson’s visit to Waco and to register sion had been made about the facility’s fate and that he had ‘‘no predispositions about served. The money is critical. I ask the his support for keeping the hospital there Senate this morning to say we are open. this at all.’’ Peterson was deployed to Iraq from Janu- Nicholson, who visited the facility at the sticking with the $1.5 billion shortfall. ary 2004 to this February. He was wounded request of Sen. Kay Bailey Hutchison (R- Mr. President, I ask unanimous con- twice, receiving the Bronze Star, two Purple Tex.), said he was concerned about the sent that Senator FEINSTEIN be added Hearts and an Army Commendation Medal 300,000 square feet of vacant space at the as a cosponsor. for valor in combat Waco VA. A local advisory group suggested The PRESIDING OFFICER. Without ‘‘They’re not ready for everybody coming filling the space with nonprofit organiza- objection, it is so ordered. back,’’ Peterson said. ‘‘They’re trying to tions such as the Salvation Army, which Mrs. HUTCHISON. Mr. President, I could tailor their services to veterans’ needs. shut everything down and they’re going to would be happy to yield the remainder need PTSD units. The guys aren’t seeing the Nicholson will make his decision about the Waco VA early next year, including a proof our time to Senator MURRAY. things they saw in Vietnam, but they’re see- Mrs. MURRAY. How much time re- ing a lot of stuff.’’ posal to transfer its psychiatric and post- This year, the post-traumatic stress dis- traumatic stress disorder services to Austin mains? order in-patient unit in Waco has seen more and Temple. He warned those gathered that The PRESIDING OFFICER. There is than 75 new cases of veterans from Operation his visit should not be interpreted as ‘‘an a total of 2 minutes remaining. Iraqi Freedom. The 15–bed blind rehab unit, interception of the process.’’ And he com- The Senator from Washington is rec- which has helped 106 blind veterans this year plimented the hospital for its track record. ognized. ‘‘This is the way the American people want learn skills such as how to use a walking Mrs. MURRAY. I thank my colleague cane, cook and negotiate e-mail, has a wait veterans to be taken care of,’’ he said. As for the hospital’s fate, Nicholson said, from Texas. list of 73. ‘‘the binding question is what’s going to be I remind all of our colleagues we ‘‘This is the best PTSD facility in the the best for our vets? . . . They did what was should not be nickling and diming the union, and these [guys] are trying to close it best for us and for our country.’’ down,’’ said Bill Mahon, a Vietnam War vet- Department of Veterans Affairs today. eran and the McLennan County veterans Mrs. MURRAY. I know the Senator For all of us who have been out on the service officer. In the past two years, Mahon from Texas was there and was quite ground visiting our VA clinics, talking has organized several motorcycle rides to the startled to hear about the blind rehab to our soldiers who are returning, it is gate of Bush’s nearby ranch to protest the unit at the Veterans Affairs Medical very clear this war has created a need proposed closing. ‘‘This is not their hospital; Center in Texas and how they have and demand for us to be there. When it’s our hospital.’’ been serving older veterans, but in fact we call up our soldiers, we promise Nationwide this fiscal year, 250,000 new pa- them we will be there for health care. tients—40 percent of them veterans from Af- this year they are begining to see a ghanistan and Iraq and 60 percent of them new type of patient—veterans in their It is not right that we sit in hearings veterans from other eras—have entered the early 20s with macular degeneration or and community meetings as I did last VA health care system, Nicholson said. diabetes-induced vision problems. I week and hear veterans saying: I fi- As Congress works to eliminate an emer- think it goes to the point of exactly nally gave up; I went and paid for gency funding shortfall this year of at least why we are seeing such a tremendous health care out of my own pocket. $1 billion and a projected shortage in the VA shortfall in the VA today—because of That is not what we promised them health care budget of more than $1 billion in the types of injuries our returning sol- and that is not a way to get new sol- the coming fiscal year, VA hospitals have diers which we obviously need to do felt the impact nationwide. diers are having. According to documents released at recent I welcome my colleague’s cosponsor- today. meetings of the House and Senate Veterans ship, and I agree we do need to look at A train wreck is coming in 2006. I will Affairs committees, the VA hospital in 2006. We will work with her and the VA work with all of my colleagues. I know White River Junction, Vt., was forced to Secretary and all Senators on making the administration is looking at send- shut its operating rooms temporarily be- up the shortfall. But we are here today ing over a budget amendment and I cause of a lack of maintenance funds to re- with the Murray amendment because agree we need to find the money. But pair a broken heating, ventilation and air there has been some confusion in the for right now we need to pass an emer- conditioning system. Hospitals in Arkansas, Senate about how much aid we are gency supplemental. This Senate has Oklahoma, Mississippi, Louisiana and eastern Texas stopped scheduling a appointments going to send to the Veterans Depart- gone on record in the full Appropria- for many veterans. The VA medical center in ment. We have heard a lot of numbers tions Committee and in this full body San Diego, with a waiting list of 750 vet- thrown around and a lot of discussion, and we should have no backtracking. erans, diverted $3.5 million in maintenance but I think why I am here today and That is why we are voting on this

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15584 CONGRESSIONAL RECORD—SENATE July 12, 2005 amendment today, once again, to reaf- NOT VOTING—5 has lost the respect of many Americans firm our commitment and tell all the Alexander Mikulski Thune because of the atmosphere of con- men and women who have served us Lott Sessions frontation and conflict that pervades both in this war and in previous wars The amendment (No. 1129) was agreed Congress and the executive branch. that we will be there for them. to. They much prefer us to spend more I thank the Chair. I yield the floor. Mrs. MURRAY. I move to reconsider time and thought on finding common The PRESIDING OFFICER (Mr. the vote. ground. They know that their families, BURR). The Senator from Texas has 30 Mr. DORGAN. I move to lay that mo- their local governments, their schools, seconds remaining. tion on the table. and their own businesses, could not Mrs. HUTCHISON. Mr. President, The motion to lay on the table was function if they operated in the kind of have the yeas and nays been ordered? agreed to. hostile, polarized environment that The PRESIDING OFFICER. They The PRESIDING OFFICER. The Sen- often seems to prevail on issues here. have not been ordered. ator from Massachusetts. Since the selection of judges is an area where the constitutional Framers Mrs. HUTCHISON. I ask for the yeas Mr. KENNEDY. Mr. President, I ask placed the decision in the hands of the and nays. unanimous consent to speak as in morning business for 6 minutes. Senate and the President, we have a The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without special obligation to make choices and sufficient second? objection, it is so ordered. The Senator take positions that facilitate coopera- There appears to be a sufficient sec- from Massachusetts is recognized for 6 tion and consensus, and avoid choices ond. The yeas and nays are ordered. minutes. and positions that provoke confronta- All time having expired, the hour of Mr. KENNEDY. I thank the Chair. tion and conflict. 12 o’clock having arrived, the question f History demonstrates that the Sen- is on agreeing to the Murray amend- ate and the President can work to- ment. The yeas and nays have been or- SELECTING A SUPREME COURT gether on judicial nominations, espe- dered. The clerk will call the roll. JUSTICE cially Supreme Court justices. Many of The assistant journal clerk called the Mr. KENNEDY. Mr. President, Presi- us have been here for the nominations roll. dent Bush met this morning with the of numerous new Justices—in my case Mr. MCCONNELL. The following Sen- leaders of the Senate and the Judiciary 18 of them. On 13 of those, there was a ators were necessarily absent: the Sen- Committee, and I am sure we all have consensus, with close to 90 percent ator from Tennessee (Mr. ALEXANDER), the same questions. Was this really the more of the Senators voting for con- the Senator from Mississippi (Mr. first step in a serious consultation firmation. On 5, there was a unanimous LOTT), the Senator from Alabama (Mr. process that will be meaningful and vote in the Senate. SESSIONS), and the Senator from South will continue in the days and weeks It is not difficult to achieve that Dakota (Mr. THUNE). ahead? Will the process result in an ef- kind of consensus. We know what the Further, if present and voting, the fort to select nominees who can bring Court needs and what the country ex- Senator from Tennessee (Mr. ALEX- the Nation and the Senate together in- pects. Nominees should be excellent ANDER), and the Senator from Alabama stead of further dividing us? lawyers who respect the Constitution, (Mr. SESSIONS) would have voted I sincerely hope the answer to those understand the law, and understand ‘‘yea.’’ questions is ‘‘yes.’’ Consultation is and respect the vital role of the judici- Mr. DURBIN. I announce that the more than a process, it’s about an out- ary in our Government. Most of the Senator from Maryland (Ms. MIKULSKI) come. I hope we are not just going public do not want judges whose goal is is necessarily absent. through the motions. That will be up to advance a result-oriented agenda, or The PRESIDING OFFICER. Are there to the President. True consultation is to take the law on detours of their any other Senators in the Chamber de- not a one-sided conversation. The own. They want judges who proceed siring to vote? President must share his thoughts with from the basic principles that unite us, The result was announced—yeas 95, all of us as well. I firmly believe the as reflected in the Constitution and in nays 0, as follows: Nation wants and needs us to proceed two centuries of our shared history. in good faith and with open minds. The Most Americans would agree with [Rollcall Vote No. 174 Leg.] conditions are right for serious co- Chief Justice John Marshall that to YEAS—95 operation between the Senate and the keep the Constitution relevant and re- Akaka Dodd Lugar executive, whom the Framers of the sponsive, judges have to be willing to Allard Dole Martinez Constitution made ‘‘jointly’’ respon- look at it not as an inflexible and tech- Allen Domenici McCain Baucus Dorgan McConnell sible for assuring the quality and inde- nical ‘‘legal code,’’ but as a document Bayh Durbin Murkowski pendence of the Federal judiciary. that sets forth ‘‘great outlines’’ and Bennett Ensign Murray The President has won a second term important goals, with the details to be Biden Enzi Nelson (FL) and does not have to run again. He is filled in later, by Congress and the Bingaman Feingold Nelson (NE) Bond Feinstein Obama freer to carry out his desire to be a Courts. Certainly, when the Framers Boxer Frist Pryor uniter, not a divider, despite the pleas wrote the copyright clause of the Con- Brownback Graham Reed from the fringes of the party he leads. stitution, they never contemplated Bunning Grassley Reid Burns Gregg Notwithstanding the constant clamor computer downloading, but their objec- Roberts Burr Hagel from the right, the public obviously Rockefeller tive in that clause is something on Byrd Harkin Salazar does not support extreme right-wing which laws and legal decisions can Cantwell Hatch Carper Hutchison Santorum positions on key court-related issues. build. Chafee Inhofe Sarbanes Most Americans opposed the effort by Of course, in the minds of most Chambliss Inouye Schumer some in Congress to order the courts to Americans, what defines this country, Shelby Clinton Isakson intrude into private medical decisions and about which our courts must be Coburn Jeffords Smith Cochran Johnson Snowe in the Schiavo case. Most Americans deeply concerned about is our rights Coleman Kennedy Specter also rejected the idea that 200 years of and liberties. That is what our ances- Collins Kerry Stabenow Senate history should be reversed in tors fought for two centuries ago. That Conrad Kohl Stevens Cornyn Kyl Sununu order to give a narrow Senate majority is why the Framers spent so much of Corzine Landrieu Talent the absolute power to approve extreme their time and effort on a govern- Craig Lautenberg Thomas judges. mental structure and a bill of rights es- Crapo Leahy Vitter Our constituents wonder why we tablishing and protecting our free- Dayton Levin Voinovich DeMint Lieberman Warner seem to spend so much time shouting doms—both freedoms to and freedoms DeWine Lincoln Wyden angrily at one another. ‘‘Washington’’ from. That is why we fought a civil war

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15585 to expand freedom. That is why our an- publicans in all walks of legal life—not House 409 to 10, hardly indicative of an cestors came to these shores in the just judges—selected for the quality of amendment that was cobbled together. 1800’s 1900’s why people everywhere their minds and their commitment to The question really is, Who should still want to come here. There is no the law, rather than for their adher- make the decision on how to allocate freer place in the world, and we must ence to extreme ideologies. I am con- homeland security dollars? There has find judges who agree that their first fident such a search would produce a been a lot of discussion about how obligation is to keep it that way: to wide range of eligible candidates who much money should be distributed as a safeguard those freedoms. might be able to gain a consensus in minimum amount and how much Our judges must therefore be aware the legal profession, among the Amer- should be distributed based on risk. I of freedom’s history, so that they know ican people and with the Senate. ask my colleagues to consider in this what happens when we are tempted to President Bush has a unique oppor- war on terror who should make the de- dilute bedrock rights and liberties by tunity to unite us, not divide us. He cisions on how best to allocate re- subordinating them to short-term po- has an extraordinary chance to do so sources. Should Congress divvy up the litical expediency. The notorious with this nomination and perhaps pie and decide to distribute money ‘‘Palmer raids’’ after World War I, the other Supreme Court nominations to based on how many pieces of pie ought internment of Japanese Americans dur- come. If he does, American people and to be cut up, or should those who have ing World War II, and the McCarthy American history will thank him. access to the intelligence, who know era during the cold war are obvious ex- Mr. President, I yield the floor. about risk and how best to allocate our amples of past abuses of which Su- f resources to address that risk be the preme Court nominees should be well ones to make that distribution? RECESS aware. In our military and national defense, Next only to protection of their free- The PRESIDING OFFICER. Under Congress provides for adequate train- doms, Americans expect and want fair- the previous order, the hour of 12:30 ing and equipment for the Department ness. That means the rights and free- p.m. having arrived, the Senate stands of Defense and then empowers the De- doms we cherish must be applicable to in recess until 2:15 p.m. partment to allocate the resources all—rich and poor, popular and unpopu- Thereupon, the Senate, at 12:38 p.m., where it believes they will be the most lar, powerful and powerless—especially recessed until 2:16 p.m. and reassem- effective. the poor, the unpopular and the power- bled when called to order by the Pre- I suggest to my colleagues that in less who may have no other recourse. siding Officer (Mr. CHAMBLISS). the war on terror, the rules should be That is what makes America very spe- f no different. We should empower the cial among all the nations of the world. DEPARTMENT OF HOMELAND SE- Department of Homeland Security with Courts cannot cure all the ills of soci- CURITY APPROPRIATIONS ACT, the similar flexibility to respond and ety, but a court system that purports 2006—Continued marshal resources as needed. to provide legal remedies for legal Finally, just by way of preliminary wrongs must make those remedies real. The PRESIDING OFFICER. There remarks, this morning Senator FEIN- It cannot be credible if it erects impen- will now be 90 minutes of debate equal- STEIN offered a letter for the RECORD etrable barriers of money, process, or ly divided on the Collins and Feinstein from a number of high-threat cities theory that deprive a right of any amendments. that support the Cornyn-Feinstein meaningful reality. Who seeks time? amendment. There have been several The American people understand The Senator from Texas. additions to the list of cities, including that our system of checks and balances Mr. CORNYN. I yield myself 20 min- Atlanta, Buffalo, Houston, San Anto- is a cornerstone of our basic rights and utes from the time allocated for the nio, Seattle, and Toledo. I ask that this liberties. They want us to make sure proponents of the Feinstein-Cornyn updated letter be printed in the that the judges we confirm will not amendment. RECORD. permit unconstrained Executive power The PRESIDING OFFICER. Without There being no objection, the mate- to usurp legislative power or judicial objection, it is so ordered. rial was ordered to be printed in the power. They certainly do not want the Mr. SCHUMER. I ask unanimous con- RECORD, as follows: Congress or the President to control or sent—I think Senator FEINSTEIN has JULY 11, 2005. interfere with the judiciary. They sure- agreed—that I be given 10 minutes im- Re high-threat cities joint working group on ly want an independent judiciary. mediately after the Senator from homeland security. We can look deeper into each of these Texas. Hon. BILL FRIST, general principles on which there is a The PRESIDING OFFICER. Is there Majority Leader, U.S. Senate, Hart Senate Of- national consensus, and find areas of objection? fice Building, Washington, DC. agreement and disagreement, but they Without objection, it is so ordered. Hon. HARRY REID, Mr. CORNYN. Mr. President, in the Minority Leader, U.S. Senate, Hart Senate Of- are clearly a guide for choosing a Su- fice Building, Washington, DC. preme Court nominee who can achieve debate on the competing amendments, DEAR MAJORITY LEADER AND MINORITY a broad consensus in Congress and the the Collins-Lieberman amendment and LEADER: As cities on the front line of the war country. the Cornyn-Feinstein amendment, be- on terrorism, we are writing to express our We cannot do so if we adopt an ideo- fore I get into the body of my remarks, support for the amendment offered by Sen- logical standard promoted by a narrow I want to address some criticism that ators Feinstein and Cornyn to incorporate S. group as the first principle of the proc- was lodged at the Cornyn-Feinstein 1013, the ‘‘Homeland Security FORWARD ess. It makes no sense to delegate the amendment. I believe reference was Funding Act of 2005, into the FY2006 Home- made to the amendment as being ‘‘cob- land Security Appropriations bill. The Fein- process to groups or their supporters stein-Cornyn approach best targets first re- within the government whose personal bled together.’’ sponder funds to areas of highest risk and goal is to limit the range of nominees I point out to my colleagues that the highest threat throughout the nation. We to those who will advance their own amendment of Senator FEINSTEIN and also write to support homeland security ideological agenda. myself was not a cobbled-together pro- funding for state and local governments at Clearly, the choice is the President’s. posal. Our work was based on work al- least at last year’s levels. The recent events We can help him if he chooses the route ready done in the House of Representa- in London underline the importance of of cooperation and consensus. Hope- tives and in this body as well. We have homeland funding for state and local govern- also worked with a number of cities ments. fully, he will not follow the advice of The Statement of Administration Policy those who want to pick fights instead and States. In fact, our language is pre- (SAP) issued today, in addressing State and of picking judges. cisely the same, or I should say based Local Programs, urges Congress to take fur- I would like to see a wide open proc- on Congressman Chris Cox’s legisla- ther steps to increase the share of State ess that begins with a search for Re- tion, H.R. 1544, which passed in the grants that can be targeted to where they

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15586 CONGRESSIONAL RECORD—SENATE July 12, 2005 are needed most, consistent with the Presi- where Secretary Chertoff writes to ex- omy. I believe this is the most respondent’s request. The Statement further notes, press his concern with regard to sible way to prepare for any future ter- when referring to Potential Amendments, amendments that may be offered to rorist attack. that the Administration ‘‘supports efforts to In addition to the important efforts allocate a greater share of homeland secu- change the first responder grant fund- rity grants based on risk and would be op- ing formula. Secretary Chertoff says we are undertaking with regard to col- posed to any amendment that would . . . cap that he welcomes the efforts by Con- lecting and analyzing intelligence, we funding for high-threat cities while not progress to ensure that more homeland se- must take the fight on the offensive viding flexibility to distribute over 90 per- curity dollars are distributed on the where the terrorists work, train, and cent of grant funds on the basis of risk, as basis of risk, which is precisely what recruit rather than on our homeland. proposed in the President’s Budget.’’ The the amendment Senator FEINSTEIN and We need to have a system that will pro- Feinstein-Cornyn Amendment clearly meets I have offered does. tect our most vulnerable population these standards, and the alternative Collins I ask unanimous consent that this be centers and that recognizes the need to Amendment incorporating S. 21 does not. The Feinstein-Cornyn Amendment most printed in the RECORD at the close of protect the critical infrastructure and closely tracks the recommendations of both my remarks. vital components of our national econ- the 9/11 Commission and the Administration The PRESIDING OFFICER. Without omy. in supporting the principle that homeland objection, it is so ordered. I am reminded of a tour that I took security funds should be allocated solely on (See exhibit 1.) recently of several Texas seaports. I the basis of risk of terrorism. According to Mr. CORNYN. I rise to join the Sen- visited with port directors, industry the Congressional Research Service, the ator from California, Mrs. FEINSTEIN, leaders, and emergency responders in Feinstein-Cornyn Amendment would dis- and other distinguished colleagues in tribute 87 percent of state and local home- and around the ports of Houston, Beau- land security funds based on threat, com- urging support for the amendment that mont, and Corpus Christi. These kinds pared to only 60 percent distributed based on we have offered. I am compelled to of facilities and the communities that threat under the Collins Amendment. bring this issue to the Senate’s atten- surround them have enormous security The Feinstein-Cornyn Amendment also tion because I think it is imperative needs, and the consequences of a suc- preserves the critical partnership between that we effectively and efficiently pro- cessful terrorist attack on any of these the federal government, states and the na- tect our most vulnerable assets and facilities would be devastating, not tion’s highest risk areas by maintaining the population centers, as this amendment just to these local communities but to Urban Area Security Initiative (UASI) program. These UASI regions have for several is calculated to do. I am grateful for the economic engine that runs this years been aggressively working to imple- the opportunity to have this debate, whole country. ment comprehensive plans for terrorism pre- and I certainly want to acknowledge The ripples of a successful attack to vention and preparedness approved by their the outstanding work that Senator any one of these areas would reach well States and DHS. Maintaining the UASI pro- COLLINS and Senator LIEBERMAN have into the interior of our country. We gram will preserve and sustain the substan- done on homeland security issues gen- should protect our population centers, tial planning, longterm projects, and re- erally. but we must also realize that when it gional decision-making processes underway. However, the amendment that Sen- comes to protecting our economy and The Collins Amendment would cap the ator FEINSTEIN and I offer takes a dif- amount of funds that can go to high-threat vulnerable critical infrastructure, it is cities at 30 percent of the total amount of ferent approach than the one they have necessary to protect the vital compo- state and local homeland funding. This cap taken. I submit their amendment, as nents of these systems and not just the would restrict the high-threat program to a embodied in S. 21, does not achieve the population centers. We must take fur- lesser amount than appropriated in previous level of risk-based funding necessary to ther steps to secure our agricultural years. most effectively spend our homeland and food production systems and pro- The homeland security bill as reported by security dollars. tect the ports that ship products in and the Senate Appropriations committee would We have said it often on the Senate cut homeland security funding to state and out of this country. I believe the local governments by almost a half billion floor and elsewhere that 9/11 has amendment offered by Senator FEIN- dollars, $467 million less than FY2005. Please changed everything. The attacks of STEIN and myself maximizes this kind restore this funding. that day were unprecedented in our of flexibility and this kind of protec- We again commend you on your efforts to history, and they brought home the tion. increase the amount of homeland security need for similarly unprecedented secu- This amendment would require that funds distributed based on threat, vulner- rity measures. In an effort to respond the Federal Department of Homeland ability, and consequences of a terrorist at- quickly to the devastation that day Security funds be allocated to States tack. Sincerely, wrought in our country, the Federal according to a risk-based assessment. City of Anaheim, California, City of At- Government created a system that It is vital that we better allocate our lanta, Georgia, City of Baltimore, Maryland, worked to raise overall national emer- limited resources to the vulnerable City of Baton Rouge, Louisiana, City of Bos- gency preparedness to ensure that we places in the country that we most ton, Massachusetts, City of Buffalo, New would better guard against another need to protect and that these funds be York, City of Charlotte, North Carolina, City such terrorist attack in the future. distributed in an efficient and timely of Chicago, ––Illinois, City of Cleveland, So we embarked on shoring up our manner. Ohio, City of Columbus, Ohio; City of Dallas, Texas, City of Denver, Colo- airline, transportation, border, and Senator FEINSTEIN and I have evalu- rado, City of Jacksonville, Florida, City of port security. We worked to protect ated the 9/11 Commission’s rec- Kansas City, Missouri, City of Long Beach, our critical infrastructure, to protect ommendations that call for allocation California, City of Los Angeles, California, our cyber security, our agriculture and of money based on vulnerabilities. Our City of Miami, Florida, City of New York, food supply systems. But taxpayer dol- legislation provides for a distribution New York, City of Newark, New Jersey, City lars are not limitless. Nor do any one formula for homeland security grants of Oakland, California; of us want to live in a lockdown that based upon three main criteria: threat, City of Philadelphia, Pennsylvania, City of Sacramento, California, City of San Antonio, would be tantamount to a police state. vulnerability, and consequence. This Texas, City of San Diego, California, City of Rather, in this free society in which we requires States to quickly pass on Fed- San Francisco, California, City of San Jose, live, Congress must work to ensure eral funds to where they are most need- California, City of Santa Ana, California. that every penny allocated for our ed. This proposal is inspired by the City of Seattle, Washington, City of Toledo, homeland security efforts must be di- hard work and examination done on Ohio. rected where it will do the most good. this issue by our colleagues in the Mr. CORNYN. Finally, by way of pre- It is imperative that we guard the House of Representatives and in the liminary remarks, I have in my hand a places across our Nation where terror- Senate. letter written by the Secretary of the ists may strike and where such strikes We have also taken input from stake- Department of Homeland Security, Mi- could do the most harm to our people, holders in our respective States and chael Chertoff, dated July 12, 2005, to our Government, and to our econ- from across the country. It is our hope

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15587 and intention that by introducing this As we have recently learned from the cent of DHS’ homeland security grant pro- amendment we can contribute and en- tragic events in London, terror still grams according to risk and need. We also rich the public discourse on this crit- has the ability and the strength to believe it is important for the Administra- ical issue and help move the Nation to- tion and Congress to retain the ability to ad- strike. The effectiveness of our contin- just the balance of state and regional grants ward a more rational and effective dis- ued vigilance and preparedness relies each year. Such an approach would still pro- tribution of our homeland security re- heavily on the efficient spending of our vide a minimum funding level for each state, sources. limited homeland security dollars. recognizing that each state has unmet home- Key provisions of this amendment Let me say in closing, at least for land security capabilities. For these reasons, provide establishing a first responder this portion of my remarks, I believe the Administration would oppose amend- grant board consisting of the Depart- Chairman GREGG, the chairman of the ments that would add new bureaucratic re- ment of Homeland Security leadership Homeland Security Appropriations quirements and cap funding for high-threat cities while not providing enough flexibility that will rank and prioritize grant ap- Committee, and the entire sub- plications based on threat and vulner- to distribute over 90 percent of grant funds committee have done a very good job on the basis of risk. ability, enabling a region that encom- trying to address the concerns I have Further, with the development and imple- passes more than one State to apply laid out and that Senator FEINSTEIN mentation of the Interim National Prepared- for funds. The money would still pass and I have addressed, our concerns that ness Goal and the accompanying National through the States but would go to the these funds be primarily allocated on Planning Guidance, we now have the req- region to better enable coordination the basis of risk. But I believe we can uisite tools and resources to make more in- and planning. formed decisions on how to focus our finite do better. I believe we can and should resources. In coordination with other Fed- This amendment would provide do better, and I believe the optimal for- greater flexibility in using the funds, eral agencies, DHS has identified the 36 capa- mula which provides every State with bilities that are critical to preventing an- allowing the State to use them for access to homeland security grant other terrorist attack and, if an attack does other hazards consistent with federally funds but which optimizes the receipt occur, to respond and recover in a manner established capability standards. And and delivery of those funds based on that minimizes loss of life and other damage. it allows States to retain authority to risk, threat, and consequence is the We must focus our state and local prepared- administer grant programs, but there ness efforts on building those capabilities to preferable way to go. I urge my col- are penalties for States that do not the right level and in the right places. Fund- leagues to support the Feinstein-Cor- pass funds to local governments within ing our first responders based on risk and nyn amendment. 45 days. If a State fails to pass the need gives us the flexibility to ensure our fi- funds through, local governments may EXHIBIT 1 nite resources are allocated in a prioritized U.S. DEPARTMENT OF and objective manner. petition the Department of Homeland The Department would appreciate your Security directly to receive those HOMELAND SECURITY, Washington, DC, July 12, 2005. support of legislation consistent with these funds. principles, and looks forward to working In addition to trying to implement a U.S. SENATE, Washington, DC. with you to ensure that communities across the country improve their preparedness to system that was recommended by the DEAR SENATOR: As the Senate prepares to 9/11 Commission, Senator FEINSTEIN debate the FY 2006 Homeland Security Ap- prevent, respond to, and recover from ter- and I have proposed an amendment propriations Act (H.R. 2360), I write to ex- rorism and other major incidents. Sincerely, that honors the requests of the admin- press my concern regarding amendments MICHAEL CHERTOFF. istration as reflected in the fiscal year that may be offered to change the first re- 2006 Presidential budget, which calls sponder grant funding formula. The Depart- The PRESIDING OFFICER. Under for awarding funds to meet national ment welcomes the efforts by Congress to en- the previous agreement, the Senator preparedness goals and priorities rath- sure that more homeland security dollars are from New York is recognized for 10 distributed based on risk. The Department of er than on mandated formulas that minutes. Homeland Security strongly supports au- Mr. SCHUMER. Mr. President, I rise bear little relation to need and risk. thorizing legislation that would distribute It is my concern that our colleagues’ in strong support of the Feinstein-Cor- Federal homeland security grant funds based nyn amendment or the Cornyn-Fein- alternative approach places too high a on risk and need (the delta between the level priority on providing steady streams of of capabilities possessed by a particular ju- stein amendment, whichever it may be, Federal assistance to each State to risdiction and the level set by the National because it would distribute a greater provide for possible terrorist attacks, Preparedness Goal) according to the Presi- percentage of first responder money to with not enough regard to a risk-based dent’s budget request, rather than on static areas that need it the most. consideration. With their proposal, and arbitrary minimums. First, I thank my colleagues, Senator States continue to receive a significant The Administration strongly believes that COLLINS and Senator LIEBERMAN, for Federal homeland security funds should be their leadership. They have been at the minimum amount, and other States distributed to our first responders based on with greater populations and popu- forefront of saying that we needed a risk and need. Since the tragic events of Sep- new formula. I think all of us in this lation density get an additional tember 11, 2001, we have distributed billions amount. The result, though, is that of dollars to our Nation’s first responders to area agree. I know they are trying just over half of the remaining funds prevent and respond to major events. For the their best to balance the interests of are distributed based on risk. Department’s primary State assistance pro- smaller States and larger States, an Can the taxpayers afford to keep up gram—the State Homeland Security Grant issue in this Republic since it was that level of support for every State Program—we have complied with Congres- founded in 1789. While I do not agree without regard to risk factors as being sional direction to distribute grants accord- with the way they came out, I have a the predominant concern? Can we af- ing to a formula authorized in the USA PA- great deal of respect for their efforts to TRIOT Act, which divides nearly half the be fair. If I were from a smaller State, ford providing this level of support to funds evenly among all states. We have also every State at the expense of those complied with Congressional direction to al- who knows, maybe I would be sup- communities that are most at risk, re- locate the remaining funds based on popu- porting that formula. I hope not, but gardless of whether they happen to be lation. As we know through experience, how- that might be the case. resident in a large State or a small ever, the threat posed by terrorists and oth- But the reason I feel so strongly State? ers that would do us harm is ever changing. about the Feinstein-Cornyn amend- I assert that continuing to spread We, therefore, must not continue to base the ment is this: The war on terror is a war homeland security funds throughout distribution of limited homeland security we probably faced before 9/11, but we the Nation without regard to actual funds on such a static, inflexible formula. probably only realized we were fighting Instead, the Administration strongly sup- a full-fledged war after 9/11. The war on risk would be an inefficient approach ports a methodology that distributes the and would ignore much of what I be- greatest amount of funds based on risk and terror is a serious one, and I have said lieve we have learned as part of our ef- need. This is consistent with the President’s time and time again we have to make forts to assess our vulnerabilities since budget request for Fiscal Years 2005 and 2006, this a two-front war—a good war on of- the attacks of September 11. which supported distributing nearly 90 per- fense, which you fight overseas, and a

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15588 CONGRESSIONAL RECORD—SENATE July 12, 2005 good war on defense, which you fight Mr. Chertoff’s leadership, has made We wanted to create an authorization here at home. pledges that their discretionary dol- for it. We also wanted to create some Unfortunately, because of tech- lars, which is now 60 percent, would be accountability. This is a lot of money. nology, small groups of bad people can threat-based, we in the Senate are We, as Senator COLLINS has indicated, hit any place at any time. Technology making the formula less threat-based. create a series of auditing and review allows them to do this. So every one of The great irony is that, if we gave 100 processes to make sure the people’s our citizens is on the front line. percent of the money to the adminis- money is well spent so we do not find I understand that a Senator from tration, the areas under the greatest the kind of wastefulness of which Sen- Wyoming or a Senator from Maine or a threat would do better than under this ator COLLINS has given examples. So Senator from Connecticut believes, proposal. That often doesn’t happen that is the first thing. The bill, S. 21, correctly—or a Senator from Georgia, when you are from New York City, but that passed our committee overwhelm- a middle-size State—believes that their this is the case right now. ingly—as a matter of fact, I believe it people are on the front line. But I have I hope we rise to the occasion. To passed on a unanimous voice vote, bi- to tell you that you have to live in New have Wyoming get $38.31 per capita partisan obviously—becomes this York to understand the difference. It is while New York gets only $5.47 per cap- amendment, so it creates an authoriza- theoretically possible, of course, that ita doesn’t look like a formula based tion. terrorists could hit us everywhere, as I on threat but looks like a formula Second, it creates a formula. Because said. But it is not everywhere that has based on politics, to me. So we can the formula has been changing from been subject to two devastating ter- change this around. The Cornyn-Fein- year to year at the judgment of the De- rorist attacks. It is not everywhere stein bill does not go all the way to partment of Homeland Security and where 100 members of the police force make it totally threat-based, but at the administration, it doesn’t give a are overseas, on their own, trying to least it restores some of the balance predictable flow of funds to the local figure out intelligence to thwart an at- and makes it fair. I hope my colleagues communities that are trying to prepare tack on our dear city. It is not every- will rise to the occasion and support a themselves to protect us from a ter- where, where every bridge in New bill that we all know is ultimately the rorist attack, which could occur any- York, every major bridge, has two po- right thing to do. Support the Cornyn- where in this country. The second part of it is, how do you lice officers at one end and two police Feinstein amendment which will give allocate the money in the formula? officers at the other end, 24 hours a the areas under the greatest threat the That is what now is at issue between day, 7 days a week. greatest amount of dollars. the two amendments that are being de- It is not that the other areas are any I yield the remaining time to my col- bated, the Collins-Lieberman and the less careful; it is just the threat and league from California, who generously Cornyn-Feinstein amendment. danger is greatest to us. So it seems ceded to me the 10 minutes I was grant- Senator COLLINS and I very strongly patently unfair to say that States that ed. believe that our amendment, the com- might have a threat but do not have as Mrs. FEINSTEIN. Thank you. We re- mittee proposal, is balanced. The large, as tangible, as repeated a serve the remainder of that time. choice seems to be, do you allocate threat—week after week, month after The PRESIDING OFFICER. The Sen- based totally on risk assessments or do month—should actually get more ator from Maine. you allocate based on risk assessments money on a per capita basis than Ms. COLLINS. I yield 15 minutes to and then give some minimum amount States such as New York or California the Senator from Connecticut, who is to every State in the country because or Texas, which are much more on the the chief cosponsor of the Collins-Lie- we are not sure where the terrorists are front lines simply because they have berman amendment. going to strike next? large agglomerations of people. We all The PRESIDING OFFICER. The Sen- My friends who are supporting the know that is where the terrorists want ator from Connecticut is recognized for other amendment sometimes have to hit. They want to try to hurt as 15 minutes. seemed to describe what is at issue many people as they can, and our larg- Mr. LIEBERMAN. Mr. President, this here as a choice between a congression- er cities and larger metropolitan areas is an important debate. I wish to give ally mandated, politically inspired— have those concentrations. a little background to it because there some dare use the word pork barrel for- You do not read in the newspapers is a sense in which what is said up here mula—on the one hand and an intel- and when we have our intelligence is a contest between the Collins-Lie- ligence-driven, pure risk-based ap- briefings up in 407, when you ask what berman amendment and the Feinstein- proach determined by the Department names have been named, you don’t Cornyn amendment. Both of these of Homeland Security on the other hear the smaller cities. You only hear amendments are amendments to the hand. Not true. In fact, contrary to a handful of names, over and over underlying bill. It is in that sense I what my friend from New York, Sen- again. They are not the smaller cities. urge my colleagues to consider the Col- ator SCHUMER, just said, it is not really They are not the smaller States. They lins-Lieberman amendment first. a battle between big States and small are the New Yorks and the Los There is some history to this amend- States. It is a much more complicated Angeleses and the Washingtons and the ment. It just didn’t arise up in response but very crucial argument here as to Miamis. to this Homeland Security appropria- how you assess risk in an age of ter- I hope my colleagues in this case tions bill, but from our committee; rorism, post-9/11, when our homeland would rise to the occasion. Again, I un- Senator COLLINS is the chair and I am was struck and 3,000 people were killed. derstand that every State has needs. As the ranking Democrat on the Home- Sometimes my friends supporting the I said, how can I be sure that if I were land Security and Governmental Af- Cornyn-Feinstein amendment speak from a small State I would not want to fairs Committee. This is the committee about risk assessment as if it were pure favor a formula that had more for the from which the Department of Home- science, as if it were an exercise that small States? But in New York City, land Security emerged as an entity to was 100 percent predictable, as if one we would like to get a lot of corn sub- be adopted by the Congress and signed could say 2 plus 2 equals 4. That is sidies or oil subsidies, but we don’t and implemented by the President. right, you can say that: 2 plus 2 equals have much corn or oil. This provision We have been concerned about these 4. You cannot make that same kind of is aimed at threat. It is not something homeland security grants because, if I certain conclusion about risk assess- good to have, it is something bad to am correct, we had some testimony ments regarding where terrorists will have, but it is only fair and it is only that there was not another grant pro- strike. The fact is, forgive me—maybe right that we make this as threat- gram of this size, over $1 billion—over don’t forgive me—terrorists are inher- based as possible. $2 billion, actually, last year—that did ently irrational, insane, crazy, inhu- The great irony is that at the very not have an authorization, that just mane. So how could we predict where time when the administration, under sort of was in the air. they are going to strike next?

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15589 We understand one of the factors vides to law enforcement officers all least we can do to support our local they consider is the visibility of an at- across America, the 700,000, God bless and State efforts, our first responders tack. Presumably that is one of the them, out there risking their lives and first preventers. reasons why they struck on September every day for us. I hope, as our colleagues come to 11 in New York and in Washington. But They are the first responders. But vote on these two amendments at 5 that is not the only motivation they they are also the first preventers, the o’clock, they will understand not only have. Their motivation is to create ones whose eyes and ears are all across the differences in the approach on risk panic and fear in our society. America. They see that piece of evi- formula, but the differences between In fact, they have not always struck dence that makes them suspicious; our amendment and the underlying ap- major population centers. Remember that can be the thread that will un- propriations bill. the disco attacks in Bali, a resort area. ravel the next terrorist plot, even one In the moment or two remaining, I Why was that done? There are west- targeted toward one of the areas that will speak a little bit about how the erners gathered there, and it was done is higher risk according to these risk Collins-Lieberman amendment im- to terrify people in an area where they assessments. proves on H.R. 2360, the underlying bill. would not expect to be attacked. What Senator COLLINS and I tried to bal- We provide States with predictable about the school in Beslam, Russia? ance this. We have deferred to the cur- funding over time. The appropriations That was not a major population cen- rent risk analysis. We give effectively bill adopts a different formula this ter. That was carried out in a commu- 60 percent and as high as 70 percent year than last year and may adopt an- nity similar to thousands of commu- when we follow our sliding scale of other formula next year. That does not nities across America for the psycho- money under this grant program to help our local first responders, pre- logical impact as well as the brutal ef- higher risk analyzed places in America. venters, Homeland Security agencies in fect on the children who were there. But the rest deserve some support, too. planning and protecting America. When we talk about risk analysis, it The rest merit some protection, as Second, our amendment includes a is not a certainty. It is an educated well. Bob Mueller, the FBI Director, sliding-scale baseline different from guess about where the terrorists are said America is awash in targets. the Appropriations Committee pro- going to strike next. The most likely America is awash in possible vulner- posal that provides additional guaran- guess, an educated guess about where able targets for terrorists—and they teed funds to the largest and most they will strike in the United States. are all over America. We want to re- densely populated States. Third, the amendment provides an But does that justify not continuing spond in a positive way and work to overall framework for how Homeland to fund the Homeland Security grants, protect all of America. Security funds are to be distributed. the local law enforcement personnel all This chart is a map of the United Fourth, there are accountability across America in other medium-sized States of America. It is a comparison measures designed to ensure that the cities and small cities? What about the of the impact of the Collins-Lieberman grant money is spent properly and ef- risk everyone talks about of attacking amendment compared to the Feinstein- fectively. There are no accountability our food supply or poisoning our water Cornyn amendment. All the States in measures in the Appropriations Com- supply? That risk is not in the cities green would get more funds under the mittee bill. Incidentally, there is no designated, according to the conven- Collins-Lieberman amendment than dollar number in the Cornyn-Feinstein tional risk analysis, as high risk. under the Feinstein-Cornyn amend- amendment as compared to our $2.9 bil- The 9/11 Commission said our failure ment. The big States would also do lion and the Appropriations Commit- to be better prepared for September 11, fine. They get that extra money be- tee’s $1.9 billion. our failure to do more to prevent it was cause of risk analysis. And we defer to Finally, fifth, our amendment does what they described as a ‘‘failure of that, but we do not yield totally to it. improve the grants process itself com- imagination.’’ What did they mean? We Incidentally, we have some big pared to the underlying bill. The Col- could not imagine that people would do States that receive more money under lins-Lieberman amendment does not what the terrorists did on September our proposal than under the other, in- just establish a formula, it includes 11. And they were right. Therefore, as cluding Texas, Florida, Michigan, and measures to streamline and improve we think about how best to protect Ohio. Senator LEVIN will explain why, the Homeland Security grants process. America, we have to put ourselves in coming from Michigan, he strongly That includes provisions on applica- the perverse and hateful heads of ter- supports this amendment. I hope Mem- tions, planning, and reporting meas- rorists. There is all too much of a plau- bers will keep this chart in mind when ures to encourage regional coordina- sibility that terrorists want to strike voting. tion, so important in protecting our not just the major population centers The second point, I go back to what people from terrorism. but smaller towns, places where people I said at the beginning. This is an We establish a list of essential capa- congregate. Want to create real panic amendment to the underlying Home- bilities for all jurisdictions so that the in the United States? Do something land Security appropriations bill. In Homeland Security Department and like that. addition to the argument about risk the localities understand what capa- For us to assume, based on essen- and the formula, there is a difference of bilities the experts feel they should de- tially an educated guess that is risk opinion about money. We have all been velop in the local areas to be prepared analysis, that all the communities talking about this with an intensity to prevent, and God forbid, if an attack around the country that need our help after the dreadful attacks in London occurs, to respond to a terrorist at- should not get some amount of help last week. The current appropriations tack. And it creates an interagency seems to me to be without foundation. bill would cut funding in these grant committee to find ways to eliminate Senator COLLINS was very compelling categories from $2.3 billion down to $1.9 redundant and duplicative require- yesterday when she said also that if we billion. Senator COLLINS and I and ments for the Homeland Security take the September 11 attacks and members of our committee believe that grants across the Federal Government. look at places around America where is not enough. In short, our amendment takes a far those 19 terrorists gained access to the I say again what I have said before: more comprehensive approach to the United States—Portland, ME, for in- We have the best military in the world first responder grants than the under- stance; they took off from Portland to for a lot of reasons, one of which is we lying bill. On that basis alone, not to head to New York; the small towns have had the guts to invest in that mention the fairness of our formula, I where they trained in flying planes, military, to spend the money on it. We urge my colleagues to support the Col- where they acquired equipment to will only have the best homeland de- lins-Lieberman amendment. carry out their deadly deeds—we need fense if we similarly invest. This I yield the floor. to provide the kind of support that the amendment would raise the authoriza- The PRESIDING OFFICER. Who Collins-Lieberman amendment pro- tion level up to $2.9 billion. That is the seeks time?

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15590 CONGRESSIONAL RECORD—SENATE July 12, 2005 Mrs. FEINSTEIN. Mr. President, I the seaport. This combination of cruise Thank you, Mr. President. I yield the yield 10 minutes to the Senator from and cargo activities supported approxi- remainder of my time back to the Sen- Florida, Mr. MARTINEZ. mately 98,000 jobs, and has an economic ator from California. The PRESIDING OFFICER (Mr. impact in Miami-Dade County of over The PRESIDING OFFICER. The Sen- COLEMAN). The Senator from Florida is $12 billion. ator from Maine. recognized for 10 minutes. The Port of Tampa had over 800,000 Ms. COLLINS. Mr. President, at this Mr. MARTINEZ. Mr. President, I rise cruise passengers and handles nearly 50 time I would like to yield up to 10 min- today in support of the Feinstein-Cor- million tons per year, or half of the utes to the Senator from Michigan. I nyn amendment to the fiscal year 2006 State’s total seaborne cargo tonnage. thank the Senator from Michigan for Department of Homeland Security ap- The Port of Tampa is also the largest his many contributions to this bill. propriations bill. economic engine in west central Flor- The PRESIDING OFFICER. The Sen- The concept of this amendment is ida. ator from Michigan. simple—to direct homeland security Again, these examples highlight the Mr. LEVIN. I thank the Chair. Let dollars to the areas where the threat of issues associated with regional influx. me thank our chairman, Senator COL- attack is greatest. The whole State of Florida, in fact, LINS, for all the work she has put in on It was no accident that when the ter- now plays host to 77 million tourists a this bill. It is a vast improvement over rorists attacked our Nation on that year. That is on top of our 17 million the formula and over the proposal of September morning they chose to person population. the administration, which came to us strike at our two most powerful cities, We cannot overstate the importance and which was worked on very hard by our center for capitalism and com- of regional concepts and that models Senator COLLINS, Senator LIEBERMAN, merce, New York, and our center of created by this amendment will en- and others on the Homeland Security Government, Washington. courage funding to be spent not only and Governmental Affairs Committee. Since that fateful day, we have been on our major cities, but also on those What we will be voting on at 5 o’clock fortifying our Nation in order to pre- regional centers that require certain will be two amendments. The first vent another attack—and so far we protections. amendment will be the Collins-Lieber- have succeeded—but we must remain One more point. In a letter. In a let- man amendment, which is a significant vigilant. ter dated today from Homeland Secu- improvement, it seems to me, from the And just last week London was hit by rity Secretary Michael Chertoff, he vantage point of almost every State a string of deadly terrorist bombings, writes: over the administration proposal. It is another heinous and despicable act per- Funding our first responders based on risk that amendment that I want to talk formed by outlaws too weak to show and need gives us the flexibility to ensure about and which I am proud to cospon- ¨ our finite resources are allocated in a sor. their face and too naıve to know that prioritized and objective manner. this recent attack will only strengthen For the past 3 years, the State home- Secretary Chertoff adds: our resolve to hunt and destroy terror- land security grant program has dis- ists and their sympathizers wherever The Department of Homeland Security tributed funds using a funding formula strongly supports authorization language that arbitrarily sets aside a large por- they lie. My heart goes out to our al- that would distribute Federal homeland se- lies and friends in Great Britain and I curity grant funds based on risk and need, tion of the funds to be divided equally know all of my colleagues join me in rather than on static and arbitrary mini- among the States regardless of need. expressing our sympathy and solidarity mums. This formula disadvantages States with the British people. This amendment, the Feinstein-Cor- with high populations. While other It was no accident that when the ter- nyn amendment, meets Secretary Federal grant programs provide a min- rorists attacked our Nation on Sep- Chertoff’s desire, and that is to require imum State funding level to ensure tember 11, 2001, they picked powerful, the Department of Homeland Security funds reach all areas of the country, high-profile, and heavily trafficked tar- to allocate grants to States based pri- the State minimum formula which has gets. marily on threat assessment and vul- been used to allocate State homeland Terrorists target areas where they nerability. I believe that kind of dis- security program funds in the under- can inflict the most damage and get cretion to the Secretary of Homeland lying bill and which was in the admin- the most attention, and for those rea- Security will only enhance his ability istration’s proposal—let me correct sons they focus on urban centers, areas to keep our country safe and to re- that—in the underlying bill, the under- of national importance, areas that are spond to the areas of most critical and lying bill is unusually high. The under- highly populated. immediate need and concern. lying bill basically is a .75 percent min- But if you include the interests of a As a Congress, we must be prudent in imum guarantee, which is similar to region—be they tourist attractions, appropriating funds to meet our essen- the one which has been in effect until amusements parks or resorts, at any- tial capabilities. The ability to meet now, and this is an unusually high min- one time there can be millions of visi- the risk to our Nation by reducing our imum formula when compared to other tors. vulnerability to attack is essential to formulas in other bills. The most com- For instance, Orange County, FL, is our success in defending America in mon minimum formula in most pro- one of the top vacation destinations in this war on terror. grams is .5, one-half of 1 percent. the world. In 2003 the region played Mr. President, I ask my colleagues to The .25 percent minimum is more host to over 45 million visitors. join me in supporting this important common than the .75 percent min- On March 18, 2003, the Federal Avia- amendment. It is currently a time in imum. Yet in the bill before us—and I tion Administration imposed a no-fly which we have been reminded by the misspoke before when I said the admin- zone over the Walt Disney World Re- events of last week of the importance istration’s proposal. In the appropria- sort area—because, according to an that we must place on our homeland tions bill before us it is effectively a .75 FAA spokesperson: ‘‘The Disney parks security, on the security of our Nation percent minimum guarantee, which is are a potential target of symbolic in order that we might be able to fore- significantly higher than most of the value . . .’’ Florida is also home to 14 stall any future terrorist designs upon kinds of guarantees which have existed deepwater ports, many of which are na- our Nation. in programs similar to this where .5, tionally significant and critically im- I believe the people of Florida will be half of a percent, is the most common portant parts of our country’s shipping best served by an approach that bases formula and, in fact, one-quarter of 1 infrastructure. the decision on the Department of percent, or .25, is more common than For example, at the Port of Miami Homeland Security of where the grants the .75, or three-quarters of 1 percent, nearly 4 million cruise passengers may go on the risk and the perceived which is effectively the minimum guar- passed through the Port and over 9 mil- assessment of that risk and not on antee in the Appropriations Commit- lion tons of cargo transited through some static formula. tee’s report.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15591 We have been working hard to come The amendment sets some guidance, improvement from the perspective of up with a more equitable formula. We in other words, on the factors to be almost all if not all States over the un- worked very hard, as the Presiding Of- considered in allocating risk-based derlying status quo. ficer knows, in the committee on which funding. I thank the Chair. I yield the floor. both of us serve. It is a very difficult Mr. President, this amendment that Mrs. FEINSTEIN. Mr. President, how issue to reach a consensus, and yet we is before us represents a compromise. much time do I have remaining? came to a very near consensus in com- It is a compromise that has the support The PRESIDING OFFICER. There is mittee. It wasn’t unanimous, but it was of small States and many of our largest 17 minutes 26 seconds remaining. close to unanimous in committee be- States and our most populated States. Mrs. FEINSTEIN. I think this small cause of the hard work particularly of Perhaps not all of them, although I be- chart describes both amendments. The our chairman and our ranking member lieve by any measure, by any measure, underlying appropriations bill has $1.39 to come up with a formula which would the Collins-Lieberman amendment be- billion. That is 70 percent of the try to treat all of our States equitably. fore us advantages even the most popu- money. Under the Collins-Lieberman amendment, $1.155 billion is based on We did a number of things, but per- lated States compared to the bill that risk. That is 60 percent. And under the haps the most significant addition we it seeks to amend. made to what has been the practice is There will be a later amendment that Feinstein-Cornyn amendment, $1.667 that we added a new option basically will be voted upon that from the per- billion is based on risk. That is 87 percent. The source is the Congressional for high population or high population spective of a number of States would be Research Service. The Congressional density States so that they could an improvement over Collins-Lieber- Research Service was called again this choose in effect either between the man, but that is not what people have morning. They stand by these figures. minimum formula of .55 percent, which to vote on, as to whether they support is in the Collins-Lieberman amend- Now, let me quickly bring to your at- Collins-Lieberman or the Feinstein tention the position of the administra- ment, or select another formula which amendment. People could vote for both is based more on population and popu- tion. The position of the administra- amendments. It is not one amendment tion is set out in a letter of July 12 lation density. Almost all of our substituting for the other. This is not a States—not quite all but almost all of signed by Michael Chertoff to Members decision as to which is better, vote our States—as a result of that option of the Senate. Let me just read a few only for one. From the perspective of that is built into the Collins-Lieber- parts. some States both of the amendments man amendment do better than they The administration strongly believes that would be an improvement over the undo under the bill which is pending be- Federal homeland security funds should be derlying bill. distributed to our first responders based on fore us. The reason I am cosponsoring the risk and need. The underlying appropriations bill Collins-Lieberman amendment is I be- The Administration would oppose amend- that provides funding for homeland se- lieve it is the result of a carefully ments that would add new bureaucratic re- curity grants provides that each State quirements and cap funding for high threat crafted compromise which adds a num- and territory shall receive the same cities while not providing enough flexibility dollar amount for the State minimum ber of critical factors that do not exist to distribute over 90 percent of grant funds as was distributed in fiscal year 2005, in the way funds have been distributed on the basis of risk. up to now. The addition of the option The administration’s position is 90 percent and that is what essentially leads to of grant funds should be distributed on the the conclusion that that would be a .75 for the population density factor is a significant improvement over the un- basis of risk. The closest amendment to that percent base State funding formula is Feinstein-Cornyn at 87 percent of grant that arbitrarily sets aside a large por- derlying bill which basically reflects funds distributed on the basis of risk. the way funds have been apportioned to tion of funds to be divided equally And here is the reason that DHS now. And the fact that there are also among the States regardless of need. gives. factors which are laid out in the bill to The authorizing committee—it is a DHS is identifying 36 capabilities that are key point here—the Homeland Security be considered by the Department critical to preventing another terrorist at- and Governmental Affairs Committee means that all of us can see when it tack and, if an attack does occur, to respond is the authorizing committee—after comes to the discretionary decisions by and recover in a manner that minimizes loss holding hearings and going through a the Department the factors that the of life and other damages. We must focus our markup passed this compromise for- Department is to take into account State and local preparedness efforts on build- mula language which is in the Collins- when apportioning those funds. These ing those capabilities to the right level and in the right places. Funding our first re- Lieberman amendment before us, are significant improvements in the underlying bill, I believe, for almost sponders based on risk and need gives us the which would allow States to choose ei- flexibility to ensure our finite resources are ther the .55 percent of the total every State here. I repeat, the fact that allocated in a prioritized and objective man- amount appropriated for the threat- an amendment that we will be voting ner. based homeland security grant pro- on subsequently may be better even Mr. President, I could not agree with gram or—and this is the addition which from the perspective of a number of that more. That is why we feel so is so critical to so many of our States— States should not cause people to vote strongly about our amendment. You a minimum amount based on a State’s no on the Collins-Lieberman amend- have to send the money where the need relative population and population ment, which from the perspective, I be- is. density. This option for States will lieve, of almost every State is an im- You have to send the money where provide additional guaranteed funds to provement on the underlying bill which the anticipation is that there might be the largest and most densely populated is before us. an attack, where the intelligence States. The remainder of the total So I commend the Senator from says—not this body; we don’t know— funds, approximately 60 percent, would Maine and the Senator from Con- this Nation is vulnerable. What Sen- go to the States and regions based necticut for working so hard to try to ator CORNYN and I have tried to do is purely on risk and threat assessment find a bipartisan approach, an approach see that there is enough flexibility to by the Department of Homeland Secu- which has great equity in it for all of get enough of that money out there. rity using factors set forth in the our States greater than, surely, the The President has set the standard at amendment—and that is another im- present status quo, which needs to be 90 percent. Our bill comes to 87 per- portant point—that the factors for the changed but which I am afraid would cent. Homeland Security Department to con- be perpetuated if we simply adopt the Unlike the Collins-Lieberman amend- sider are set forth in the amendment. Appropriations Committee proposal ment, the Cornyn-Feinstein amend- And then up to half of the remaining and if we defeat the Collins-Lieberman ment retains the high-threat cities’ funds could be allocated in the discre- amendment. I hope that amendment Urban Area Security Initiative Pro- tion of the Department to metropoli- will be greeted with strong support on gram. This program and these re- tan areas. the floor because it does represent an gions—some 50 cities—have for several

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15592 CONGRESSIONAL RECORD—SENATE July 12, 2005 years been aggressively working to im- the funding on a risk basis. CRS re- There was an arduous effort put into plement comprehensive plans. They reports this is a difference of over $183 the creation of an intelligence reform main intact, unless the Secretary of million. That is over $183 million that bill, led by Senators COLLINS and Sen- Homeland Security decides to the con- Secretary Chertoff wanted to send to ator LIEBERMAN. I say to them: Let’s trary. I included in the RECORD pre- the highest risk places. help the administration target real viously the letter from them con- We don’t want to tie the Secretary’s areas of risk and vulnerability. Let’s taining 30 of the cities. hands. The administration has been make sure we understand that the au- It is actually true this body can vote very clear about what they want. They thorization for the bill was at $2.9 bil- yes on both amendments. But my view want to put the money where the risk lion, around that, and the appropria- is this: We are spending billions and is. That is what makes the most sense. tions bill is at $1.9 billion. So on the billions on intelligence. We are beefing I have said in the past we are the sec- surface it does look like there is more up every aspect of intelligence, cre- ond theater of war to Iraq because we coming to everybody. But it is not ating new entities, improving inter- know that at any time our enemies true. The fact is, we should not be tak- facing, giving this huge new Depart- could attack, and they are not telling ing money away from the highest risk ment of Homeland Security all kinds of us when or where. The fact is, we are areas and dividing it based simply on analysis responsibility. But we are also all under the misgiving that what hap- population. giving them a formula by which they pened in London and what happened at I hope we will approve the Feinstein have to allocate the money. That the World Trade Center and what hap- amendment and reject the Collins makes no sense at all. Let them do it pened in Madrid could happen here. amendment. on the basis of risk. Let them do it on How dare we say: No, we have to dis- I yield the floor. the basis of threat and vulnerability. tribute around to other places. Every- The PRESIDING OFFICER. The Sen- Let them move money around as the body wants to protect their constitu- ator from Maine. need indicates. ents, small towns, large cities, what- Ms. COLLINS. Mr. President, would I don’t believe there is anyone in this ever it is. I don’t blame people for that. the Chair inform me how much time is body who is prescient enough to know But when you have a plague in an area, left on the Collins-Lieberman amend- where al-Qaida or Gama’a al-Islamiyya you give the vaccine, if you have it, to ment? or any other group might attack the the people who live in that area. When The PRESIDING OFFICER. There is United States next. One thing we do you have an attack on the water, you 18 minutes 51 seconds. know, there are terrorist cells in this send the ships to the area. Why in the Ms. COLLINS. Mr. President, I am country, and they are geographically world are we deciding here and now pleased to yield 5 minutes to the Sen- spread across the country. There is no that we shouldn’t give the money to ator from Nebraska, who has played a question about that. So why shouldn’t the areas of highest risk? very important role in crafting this the money be based on risk and threat? In my State, a place called South legislation. This amendment does that: 87 per- Carney, NJ has a significant chemical The PRESIDING OFFICER. The Sen- cent of the funds, $1.667 billion, based manufacturing and distribution operator from Nebraska. on risk. The administration’s standard ation. If that was attacked and those Mr. NELSON of Nebraska. Mr. Presi- is 90 percent. Our amendment comes chemicals were released into the air, dent, I thank my colleague from Maine closest to that standard. we could see 12 million people die. We for the opportunity to rise in support Mr. President, I yield 6 minutes to saw the terrible events in London. It of the Collins amendment today. I am the Senator from New Jersey. has been said that a couple seconds ei- also a cosponsor of the bill she and The PRESIDING OFFICER. The Sen- ther way could have created a much Senator LIEBERMAN have introduced, S. ator from New Jersey. higher casualty figure. 21, the Homeland Security Grant En- Mr. LAUTENBERG. I thank the Sen- Today you heard from the Senator hancement Act of 2005. Each year since ator from California and the Chair. from California that Secretary the attacks on the Pentagon and World I want to clear up some of the confu- Chertoff wrote a letter to all Senators. Trade Center, many of us have come to sion that took place this morning in I repeat: the floor to remind our colleagues that our debate over these amendments on The administration strongly believes that terrorism is not only a threat faced by homeland security funding. First, I Federal Homeland Security funds should be States with large urban populations want to make it absolutely clear that distributed to our first responders based on but also States with large rural popu- we have checked continuously with the risk and need. lations. Since September 11, States and CRS. Their report sent to me about the You have heard again that Secretary communities of all sizes have made effects of the amendment proposed by Chertoff wants the flexibility to dis- great strides in preparing for another Senators COLLINS and LIEBERMAN to tribute up to 90 percent of the funds possible terrorist attack. this appropriations bill is absolutely based on risk. Ninety percent is a lot Based on the National Strategy for accurate. They confirm that the ratio different than a mere 60 percent. Homeland Security’s principle of of funds directed to the high-risk areas We can’t legislate risk. It is that sim- shared responsibility, Federal, State, is at 60 percent and the other distribu- ple. We need to leave this to the ex- and local governments, together with tion is 40 percent. So we take it away perts. Secretary Chertoff is developing the private sector and the American from the highest risk areas. The Sen- analytical tools to target areas of risk people, work in partnership to ensure ator from Maine earlier suggested that and vulnerability. We confirmed him our first responders are well equipped CRS has somehow disavowed their almost unanimously. Now we should and well trained. States and local gov- memo. That is not so. Again, we have let him do the job he has been selected ernments are responsible for preparing talked to CRS recently and have been to do. and implementing multiyear plans to assured that the memo sent to me is The 9/11 Commission was adamant ensure our Nation’s first responders re- valid and accurate. that we must distribute homeland se- ceive the equipment and training they The CRS memo sent to me summa- curity money based on risk. I have require. This year we turn our atten- rizes how much money the Collins talked to former Governor Tom Kean, tion to the fiscal year 2006 Homeland amendment would direct to risk and a distinguished public servant and head Security appropriations bill following how much to State guarantees. In a of the Commission, about this subject. the devastating terrorist attack on our nutshell, the report finds that the Col- He continues to demand that we move closest ally in the global war on ter- lins-Lieberman amendment would only toward risk-based funding. I remind rorism. The coordinated attacks in provide 60 percent of the funding based the Senate that Secretary Ridge, be- London last week remind us that Is- on risk. The CRS report goes on to ex- fore Secretary Chertoff, supported full lamic totalitarianism is still a threat plain that the underlying appropria- funding to go to the areas of highest to our democratic values and ideals tions bill would provide 70 percent of risk. and not solely confined to the borders

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15593 of Iraq or the Middle East. The bomb- paring for a possible attack. States set Under our amendment, Florida would ings on the subway and bus lines in their own priorities when it comes to receive a base amount of more than $30 London underscore the fact that ter- preparing for terrorist attacks. million because of the sliding scale rorists will attempt to attack us when The PRESIDING OFFICER. The Sen- minimum. But under the Feinstein- they choose, how they choose, and ator’s time has expired. Cornyn amendment, Florida would where they choose. And because terror Ms. COLLINS. Mr. President, I yield only get $2.4 million. can strike us anywhere, it is vitally 30 more seconds to the Senator. Furthermore, the Feinstein-Cornyn important that our first responders Mr. NELSON of Nebraska. Mr. Presi- amendment’s lack of predictable fund- have the funding they need in order to dent, our amendment would give the ing inhibits the ability of States to prepare for most, if not every, imag- smaller States the ability to have con- plan. Both our colleagues’ amendment ined threat. tinuity and predictability in budgeting and the Collins-Lieberman amendment Each year we look for better ways to for their plans. I think it suffices to would require States to submit 3-year provide homeland security funding for say that our country is only as safe as State homeland security plans. Yet, States, be they large or small. The our weakest vulnerability. We need to the Feinstein-Cornyn amendment does amendment offered by my colleague make sure every part of the country is not provide a predictable base, so such from Maine would achieve something prepared, regardless of location or size. plans would not be a fruitful exercise. that has not happened yet with respect The citizens of America expect that ev- For example, the Feinstein-Cornyn to first responder funding. It would erything possible is being done to pre- amendment requires that the State provide much needed predictability for vent another terrorist attack, and they plan include ‘‘a prioritization of needs our first responder planners. Because expect that if another tragedy were to based on threat, vulnerability, and con- there has never been an authorization occur, the response and recovery will sequence assessment, and a description for this funding, each year, these probe immediate, well coordinated, and of how the State intends to address grams are subject to great debate and well trained. such needs at the city, county, re- The Collins amendment will amendments on the Senate floor, leav- gional, tribal, and interstate level.’’ ing our city and State officials without strengthen regional efforts and in- I simply fail to see how a State could any sort of certainty in their prepared- crease every State’s ability to protect satisfy these ambitious requirements both its urban and rural critical infra- ness planning. In the years since the without any assurances that it would structure. Whether it is the protection attacks of September 11, 2001, the Fed- receive a significant base amount of of an urban shopping mall or the pre- eral Government has provided States funding. Because our amendment pro- vention of a rural bioterrorism inci- with a share of available homeland se- vides States with that predictable, sub- dent that would affect our food and curity funds through the State Home- stantial base allocation, the 3-year water supply, these infrastructures in land Security Grant Program, SHSGP. plans would actually become useful every State must be protected. I urge This program has been the primary roadmaps and would allow for more ef- my colleagues to support this impor- source of coordinated funding for first ficient expenditure of homeland secu- tant amendment. rity funds. That is why our amendment responders, allowing States and local I yield the floor. governments to build a base capacity The PRESIDING OFFICER. The Sen- is strongly supported over the Fein- by funding essential prevention, pre- ator from Maine is recognized. stein-Cornyn amendment by the Na- paredness, response, and recovery capa- Ms. COLLINS. Mr. President, how tional Governors Association. bilities. In past years, States have been much time is remaining? Mr. President, the Feinstein-Cornyn guaranteed a minimum of .75 percent of The PRESIDING OFFICER. There amendment shortchanges funding dedi- these funds. are 12 minutes 42 seconds. cated to the prevention of terrorism at- The Collins amendment would mod- Ms. COLLINS. Mr. President, I yield tacks. It simply does not provide the ify the State funding program in three myself 9 minutes. kind of assured funding needed for law primary ways. First, it would combine Let me make some concluding re- enforcement to help detect and prevent three programs into one larger pot of marks about the impact of the amend- attacks before they occur. Indeed, it funding. The SHSGP, with the Law En- ment offered by our colleagues, Sen- takes significant steps backward from forcement Terrorism and Prevention ator FEINSTEIN and Senator CORNYN. what Senators GREGG and BYRD have Program and the Urban Area Security The fact is that the amendment would included in the underlying bill. Initiative, would now become one pool decimate the predictable funding levels The underlying bill appropriates $400 of money to be shared among the for States. The minimum in the Fein- million for the Law Enforcement Ter- States. Second, it would authorize $2.9 stein-Cornyn amendment is only .25. It rorism Prevention Program, which pro- billion in total funding for the three is simply too low to support the efforts vides funds for police, sheriffs, and programs. This is important because by States to have a predictable base other law enforcement personnel to the trend has clearly been to decrease level of funding each year to fund stop terrorist activity before it occurs. this amount. Last year’s bill included multiyear projects, such as creating By contrast, the Feinstein-Cornyn $2.7 billion in first responder funding, interoperable communications net- amendment actually swallows up the and this year’s underlying Senate bill works, first responder training pro- existing law enforcement terrorism only includes $1.9 billion for these programs, or the agriterrorism project prevention program, without ensuring grams. that the Midwestern Governors are any funds whatsoever—any funds what- Third, it would set the funding for- eager to establish. soever—for our police, sheriffs, and mula so that each State would be guar- I will give you a couple of examples other law enforcement personnel. anteed a minimum level of funding, .55 of what the differences would mean. In other words, all of the funding percent of the total funding of the pro- Assuming the Senate bill’s appropria- under the Feinstein-Cornyn amend- gram. The remainder of the funds tion level under our amendment, the ment could be used to prepare to re- would be distributed based on risk. State of Georgia could plan on receiv- spond to terrorist attacks, leaving ef- This guaranteed funding stream is crit- ing a base amount of $15.3 million. forts to prevent such attacks entirely ical for all of our smaller States. For Under the Feinstein-Cornyn amend- up to our States and communities. many of our States, this guaranteed ment, Georgia would be assured of get- In sharp contrast, the Collins-Lieber- minimum will be most, if not all, of ting only $2.4 million as a minimum al- man amendment would formally au- our first responder funding. I am not location. thorize the Law Enforcement Ter- advocating that homeland security Under our amendment, North Caro- rorism Prevention Program and ensure funds be diverted from high risk areas. lina would receive a base of a little that prevention efforts are adequately But, rather, I am saying that rural and over $15 million. But under Feinstein- protected by treating them as a sepa- smaller States also need assistance in Cornyn, the State could only count on rate program with different allowable securing their communities and pre- $2.4 million. uses than response efforts. That is why

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Troopers Coalition, the Fraternal have been directed toward ‘‘recovery and re- We appreciate your leadership on this issue Order of Police, the National Associa- sponse’’ operations, too often at the expense and look forward to working with you to tion of Police Organizations, the Inter- of efforts to prevent future attacks. The enact meaningful grant reform at the De- national Union of Police Associations, Homeland Security Advisory Committee partment of Homeland Security. If I can be the Association of Chiefs of Police, and (HSAC) Task Force on State and Local of any further help, please do not hesitate to the list goes on and on, including the Homeland Security Funding reached this contact me or Executive Director Jim Pasco International Brotherhood of Police Of- conclusion in its final report, issued last through our Washington office. June: Sincerely, ficers, the National Organization of The Task Force found that the vast major- CHUCK CANTERBURY, Black Law Enforcement Executives, ity of funds received thus far by State, coun- National President. and the National Emergency Manage- ty, municipal and tribal governments have ment Association. been spent on emergency response equipment NATIONAL ASSOCIATION I ask unanimous consent that the and related training. . . However, the Task OF POLICE ORGANIZATIONS, INC., letters from these and other organiza- Force also notes that the loss of life, human Washington, DC, May 31, 2005. tions be printed in the RECORD. suffering, social instability, and financial re- Re: S. 21, the Homeland Security Grant En- There being no objection, the mate- percussions that would result from a success- hancement Act of 2005 ful terrorist attack mandates that State, rial was ordered to be printed in the U.S. SENATE, county, municipal and tribal governments Washington, DC. RECORD, as follows: take aggressive, objectively measurable, and DEAR SENATOR: On behalf of the National LETTERS OF SUPPORT FOR S. 21 well planned steps to prevent such an attack Association of Police Organizations from occurring. . . Accordingly, the Task NATIONAL TROOPERS COALITION, (‘‘NAPO’’) representing more than 235,000 law Force strongly recommends that State and Green Bay, WI, June 9, 2005. enforcement officers throughout the United local governments consider allocating these Hon. SUSAN M. COLLINS, States, I am writing to ask you to cosponsor and future resources to enhance the ability Chair, Homeland Security and Governmental S. 21, the Homeland Security Grant En- of State, county, municipal and tribal gov- Affairs Committee, U.S. Senate, Dirksen hancement Act of 2005. This legislation will ernments to detect and prevent future acts Senate Office Building, Washington, DC. reform the homeland security grant system of terrorism. DEAR CHAIRMAN COLLINS: On behalf of the to make it more effective, efficient, and ac- The Fraternal Order of Police strongly 40,000 state troopers and highway patrol men countable. It will also ensure a significant agrees with the findings of the Task Force and women represented by the National role for state and local law enforcement in and believes that the best way to ensure that Troopers Coalition (NTC), I would like to ex- preventing the next terrorist attack. press our support of S. 21. ‘‘The Homeland these resources are used for prevention is the Sponsored by Senators Collins and Lieber- Security Grant Enhancement Act of 2005.’’ authorization of the current Law Enforce- man, S. 21 was reported out of the Senate By bringing together existing programs ment Terrorism Prevention Program Homeland Security and Governmental Af- and initiatives addressing homeland secu- (LETPP), which is designed to assist law en- fairs Committee on April 13, 2005 and is ex- rity, this legislation will help streamline and forcement agencies in developing the capa- pected to be considered by the full Senate in rationalize the process by which grants are bilities to detect, deter, disrupt, and prevent the next few weeks. S. 21 ensures that law made to individual cities and metropolitan acts of terrorism. The LETPP allows Federal enforcement will have a seat at the table regions based on relative threat, vulner- funds to be used by State and local govern- when homeland security resource allocation ability, and consequences faced by an area ments to improve information sharing to decisions are being made. from a terrorist attack. preempt terrorist attacks, harden targets to As a nationwide organization, the NTC reduce their vulnerability to attack, enhance Unlike other homeland security grant pro- feels the funding formula proposed in this interoperable communication systems, and posed, S. 21 ensures that the prevention of bill promotes a better level of preparedness to support overtime expenses related to the terrorist attacks—not just response effects— and brings some predictability to states for homeland security plan. received a significant share of the homeland planning purposes. In addition, S. 21 adopts Your legislation is the only bill which for- security funds. Under S. 21, up to 25% of the new accountability measures to ensure mally authorizes this important program. homeland security grant funding will be used homeland security grants are used effec- The reported version of S. 21 would allow up for law enforcement terrorism prevention tively and appropriately. to 25 percent of the authorized level of all purposes, including information sharing, tar- We appreciate your leadership and support grant funds to be used for the LETPP, a level get hardening, threat recognition, terrorist of the law enforcement community, and which we strongly urge you to consider mak- intervention activities, interoperable com- would like to offer any assistance we can ing the minimum, rather than the max- munication, and overtime expenses occurred provide for the successful passage of S. 21. imum, authorized level. This would be con- in support of federal agencies for increased Sincerely, sistent both with the needs of the law en- border security and training. CASEY PERRY, forcement community that is working every S. 21 will also foster the development and Chairman. hour of every day to prevent the next ter- enforcement of voluntary consensus stand- rorist attack from occurring and with the ards to improve the safety of first respond- FRATERNAL ORDER OF POLICE, final recommendations of the HSAC’s Task ent equipment and encourage the expansion Washington, DC, June 21, 2005. Force on State and Local Homeland Security of the SAVER program, which provide first Hon. SUSAN M. COLLINS, Funding. respondent with ‘‘consumer report’’ type in- Chairman, Committee on Homeland Security Ensuring that all communities achieve and formation on the performance of various and Governmental Affairs, U.S. Senate, maintain the appropriate response and re- brands of equipment relied on by law en- Washington, DC. cover capacity for terrorist incidents is, and forcement officers every day. Hon. JOSEPH I. LIEBERMAN, always will be, a critical component of any We need to be sure that state and local en- Ranking Member, Committee on Homeland Se- homeland security plan. However, it is the forcement are properly supported, trained curity and Governmental Affairs, U.S. Sen- goal of law enforcement to ensure that we and equipped to prevent terrorism before it ate, Washington, DC. never have a terrorist incident to respond to occurs. S. 21 will ensure that state and local DEAR MADAM CHAIRMAN AND SENATOR LIE- or recovery from—we want to stop the at- law enforcement receive a fair share of fed- BERMAN: I am writing to advise you of the tack before it ever occurs. For this reason, eral assistance dedicated for prevention pur- position of the Fraternal Order of Police on we need a greater focus on prevention than is poses. S. 21, the ‘‘Homeland Security Grant En- currently the case when allocating Federal NAPO therefore urges you to cosponsor S. hancement Act,’’ which was favorably re- homeland security funds. We believe that the 21. The appropriate contacts to do so are Jon ported by the Committee on Homeland Secu- authorization of the LETPP is the best way Nass with the majority staff of the Senate rity and Governmental Affairs in May of this to achieve this goal and the F.O.P. strongly Committee on Homeland Security and Gov- year. supports your efforts in this regard. ernmental Affairs, and Beth Grossman with Almost four years have passed since the I look forward to S. 21 being considered on the minority staff. terrorist attacks on New York and northern the floor and ultimately reconciled with Sincerely, Virginia, and at that time it has become similar legislation that passed the House of WILLIAM J. JOHNSON, clear that the current system of distributing Representatives with our support in early Executive Director.

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INTERNATIONAL UNION enforcement agencies to prevent terrorist at- tem to make it more effective, efficient, and OF POLICE ASSOCIATIONS, AFL-CIO, tacks before they occur. accountable. It will also ensure a significant June 3, 2005. As you will see in the attached report, role for state and local law enforcement and Senator SUSAN COLLINS, ‘‘From Hometown Security to Homeland Se- Security Officers in preventing the next ter- U.S. Senate, Dirksen Senate Office Building, curity,’’ it is the IACP’s belief that in our rorist attack. Washington, DC. national efforts to develop the capacity to Sponsored by Senators Collins and Lieber- Senator JOE LIEBERMAN, respond and recover from a terrorists’ at- man, S. 21 was reported out of the Senate U.S. Senate, Hart Senate Office Building, tack, we have failed to focus on the impor- Homeland Security and Governmental Af- Washington, DC. tance of building our capacity to prevent a fairs committee on April 13, 2005 and is ex- DEAR SENATORS COLLINS AND LIEBERMAN: terrorist attack from occurring in the first pected to be considered by the full Senate On behalf of the more than 110,000 field level place. While planning their attacks, terror- within the next several days. S. 21 ensures law enforcement personnel that the Inter- ists often live in our communities, travel on that law enforcement will have a seat at the national Union of Police Associations, AFL- our highways, and shop in our stores. As we table when homeland security resource allo- CIO represents throughout the United have discovered in the aftermath of the Sep- cation decisions are being made. States, I urge you to do everything in your tember 11th attacks, several of the terrorists Unlike other homeland security grant pro- power to convince your colleagues to support involved had routine encounters with state posals, S. 21 ensures that the prevention of S. 21, the Homeland Security Grant En- and local law enforcement officials in the terrorist attacks, not just response efforts, hancement Act of 2005. weeks and months prior to the attack. If receive a significant share of the homeland The men and women we represent form the state, tribal, and local law enforcement offi- security funds. Under S. 21, up to 25 percent very first line that protects us against ter- cers are adequately equipped and trained, of the homeland security grant funding will rorist attacks and are the very first to re- they can be invaluable assets in efforts to be used for law enforcement terrorism pre- spond to any actions taken against our citi- identify and apprehend suspected terrorists vention purposes including information shar- zens. Local and state law enforcement offi- before they strike. ing, target hardening, threat recognition, cers both need and deserve the support that By authorizing for the first time the Law terrorist intervention activities, interoper- S. 21 will provide them. Enforcement Terrorism Prevention Program able communication, and overtime expenses When critical resources are allocated, (LETPP), S. 21 makes prevention a priority, occurred in support of federal agencies for these brave men and women who willingly and partners the federal government with increased border security and training. rush in to harm’s way deserve the guarantees state and local law enforcement. Under the S. 21 will also foster the development and that S. 21 provides—that ensures they will bill, up to twenty-five percent of all author- enforcement of voluntary consensus stand- have these resources. Resources that to date ized homeland security grant funding will be ards to improve the safety of first responder have too often been denied them. used for law enforcement terrorism preven- equipment and encourage the expansion of We in law enforcement are constantly held tion purposes, including information shar- the SAVER program, which provides first re- accountable for our decisions and actions. It ing, target hardening, threat recognition, sponders with ‘‘consumer report’’ type infor- is time that federal decision makers are held terrorist intervention activities, interoper- mation on the performance of various brands to the same standard of accountability. S. 21 able communication, and overtime expenses of equipment relied on by law enforcement will end the old practices that too often re- occurred in support of federal agencies for and security officers every day. sulted in state and local law enforcement re- increased border security and training. We need to be sure that state and local law ceiving little or no support. It ensures that In addition, recognizing how important enforcement and security officers are prop- once allocation decisions are made, we will prevention is, Senators Collins and Lieber- erly supported, trained and equipped to pre- be given an explanation for those grant allo- man have agreed that they will work to vent terrorism before it occurs. S. 21 will en- cation decisions. amend S. 21 when it gets to the Senate floor sure that these agencies will receive a fair We know from long experience that preven- to ensure that a set percentage of homeland share of federal assistance dedicated for pre- tion must come before response. Swift and security grant dollars are fenced off for vention purposes. effective response should only be necessary LETPP, thus establishing a predictable, sig- Thank you for your support and attention when those who would do us harm cir- nificant funding homeland security funding to this matter. cumvent prevention. By requiring that up to source for this critically-important program. Sincerely, twenty-five percent of the homeland security Successful terrorism prevention requires RALPH M. PURDY, grant funding will be used for law enforce- that state, tribal, and local law enforcement President. ment terrorism prevention purposes, we will across the country continue to receive be able to place prevention in its proper LETPP funds. INTERNATIONAL BROTHERHOOD place, in front of response. We will have bet- To date, the vast majority of federal home- OF POLICE OFFICERS, ter information sharing, target hardening, land security efforts have focused on increas- Alexandria, VA, July 7, 2005. threat recognition, terrorist intervention ac- ing our national capabilities to respond to Hon. SUSAN COLLINS, tivities, interoperable communication, and and recover from a terrorist attack. These U.S. Senate, Dirksen Senate Office Building, overtime expenses to carry out our mission efforts are important and must continue. Washington, DC. of protecting the American public. Only in But we must not ignore the need to build the DEAR SENATOR COLLINS: On behalf of the this way will we be able to build our nation’s capacity to prevent attacks. S. 21 strikes a International Brotherhood of Police Officers prevention capabilities from the ground up. proper balance, and it has the IACP’s sup- (IBPO), representing 25,000 rank-and-file offi- Please take this message from those on the port. cers from across the nation as the largest po- front line and use it to your best advantage We therefore urge you to cosponsor S. 21. If lice union voice in the AFL-CIO, I would like in convincing your colleagues to rally full you wish to co-sponsor the bill, your staff to thank you for your introducing S. 21, the support for S. 21. should contact Jon Nass with the majority ‘‘Homeland Security Grant Enhancement Thank you for your commitment and your staff of the Senate Committee on Homeland Act of 2005’’ and inform you of IBPO’s whole- consideration. Security and Governmental Affairs, and hearted endorsement of this legislation. S. 21 Sincerely yours, Beth Grossman with the minority staff. aims to make Homeland Security grants SAM A. CABRAL, Thank you for your consideration. more effective and efficient. It further, International President. Sincerely, rightly ensures significant support for state JOSEPH ESTEY, and local law enforcement in their work of INTERNATIONAL ASSOCIATION OF President. terrorism prevention. CHIEFS OF POLICE, As the devastating loss of innocent life Alexandria, VA, June 21, 2005. UNITED FEDERATION from this morning’s terrorist attacks in Lon- Hon. SUSAN M. COLLINS, OF POLICE OFFICERS, INC., don England become fully understood, Amer- Dirksen Senate Office Building, U.S. Senate, Briarcliff Manor, NY, June 25, 2005. ica is again tragically reminded that those Washington, DC. Re: S. 21, The Homeland Security Grant En- who wish to derail our way of life and trum- DEAR SENATOR COLLINS: On behalf of the hancement Act of 2005 pet subjection over the goals of freedom will International Association of Chiefs of Police U.S. SENATE, be unrelenting in their efforts of tyranny. (IACP), I am writing to encourage you to co- Washington, DC. The vigilant struggle against such aims in sponsor S. 21, the Homeland Security Grant DEAR SENATOR: On behalf of the members alleviated by proper response and preven- Enhancement Act of 2005. The bill, sponsored of the United Federation of Police Officers, tion, which this legislation rightly works to by Senators Susan Collins and Joseph Lie- Inc. and the United Federation of Security guarantee. berman, is designed to reform homeland se- Officers, Inc., I am writing to ask you to co- Under S. 21, up to 25 percent of the Home- curity grant system in order to make it both sponsor S. 21, the Homeland Security Grant land Security grant funding will be used for more accountable and more effective, there- Enhancement Act of 2005. This legislation law enforcement terrorism prevention pur- by increasing the ability of our nation’s law will reform the homeland security grant sys- poses. This will include information sharing,

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target hardening, threat recognition, ter- NATIONAL GOVERNORS ASSOCIATION, GOVERNOR MITT ROMNEY, rorist intervention activities, interoperable Washington, DC, April 22, 2005. Massachusetts, Lead communication, and overtime expenses oc- Hon. SUSAN COLLINS, Governor on Home- curred in support of federal agencies for in- Chair, Committee on Homeland Security and land Security. creased border security and training. Governmental Affairs, U.S. Senate, Dirksen Senate Office Building, Washington, DC. NATIONAL EMERGENCY MANAGEMENT S. 21 will foster the development and en- Hon. JOSEPH I. LIEBERMAN, ASSOCIATION, forcement of voluntary consensus standards Ranking Minority Member, Committee on Home- Washington, DC, July 7, 2005. to improve the safety of first responder land Security and Governmental Affairs, Hon. SUSAN M. COLLINS, equipment. It will also encourage the expan- U.S. Senate, Hart Senate Office Building, Chair, Senate Homeland Security and Govern- sion of the SAVER program, which provides Washington, DC. mental Affairs Committee, U.S. Senate, first responders with ‘‘consumer report’’ DEAR MADAM CHAIR AND SENATOR LIEBER- Dirksen Senate Office Building, Wash- MAN: We would like to thank you and the ington, DC. type information on the performance of var- Committee for your attention to state con- Hon. JOSEPH LIEBERMAN, ious brands of equipment relied upon by the cerns in S. 21, the Homeland Security Grant Ranking Member, Senate Homeland Security law enforcement community. Enhancement Act of 2005. The bill appro- and Governmental Affairs Committee, U.S. IBPO will work to ensure passage of this priately acknowledges the need to assure Senate, Hart Senate Office Building, Wash- important legislation and we thank you for that each state and territory is prepared to ington, DC. prevent, respond to and recover from a ter- your continued support of our nation’s law DEAR SENATORS: On behalf of the National rorist attack. Similarly, we appreciate your Emergency Management Association enforcement officers. recognition that homeland security funding (NEMA), I would like to thank you for your Sincerely, and planning should be coordinated through efforts to enhance the state homeland secu- STEVE LENKART, each Governor’s office for maximize the effi- rity grants program in order to build a Special Assistant to ciency and effectiveness of homeland secu- stronger national emergency response sys- the President, Direc- rity spending and, by extension, the safety of tem. NEMA is particularly encouraged by tor of Legislative Af- our citizens. provisions in S. 21 that would continue co- fairs. After each state and territory receives a ordinating federal homeland security funds base amount, we believe that additional through the nation’s Governors to ensure co- funding be distributed based on an assess- ordination of funding with priorities identi- NATIONAL ORGANIZATION OF BLACK ment of risks and threats, the calculation of fied by the state domestic preparedness plan. LAW ENFORCEMENT EXECUTIVES, which should be as transparent as possible We strongly support the inclusion of a Alexandria, VA, July 11, 2005. given the classified nature of the threat in- state minimum level of funding for capacity Hon. SUSAN COLLINS, formation. Risk and threat assessments building included in S. 21. State and local ca- U.S. Senate, Dirksen Senate Office Building, should be based on all threats, including, but pacity building will be increasingly impor- Washington, DC. not limited to, ports, borders, agricultural tant as we deal with the requirements of Hon. JOSEPH LIEBERMAN, food production and supply, water supply, Homeland Security Presidential Directive 8 U.S. Senate, Hart Senate Office Building, fuel, and computer systems. on Preparedness. Additionally, we support Washington, DC. The Governors appreciate your recognition efforts to increase state and local flexibility and inclusion of state and local officials in DEAR SENATORS COLLINS AND LIEBERMAN: on the use of federal homeland security determining the essential capabilities for The National Organization of Black Law En- funds. States and localities have unique first responders. Our homeland security per- needs for addressing homeland security pre- forcement Executives (NOBLE), an organiza- sonnel must be included in determining the paredness, as identified in their individual tion of nearly 3,500 primarily African-Amer- levels and competences needed in planning state plans. Further, we also support provi- ican law enforcement CEOs and command and equipping to prevent, prepare for, and re- sions in S. 21 that would eliminate duplica- level officials writes to express its support spond to acts of terrorism and other cata- tive planning requirements for state and and appreciation for S.21 the Homeland Se- strophic events; and must be given the flexi- local governments. curity Grant Enhancement Act of 2005. bility to set priorities based on local or re- We are also appreciative of your recogni- gional needs, while reaching nationally de- tion that a match requirement would be too S. 21 allocates up to 25 percent of homeland termined preparedness levels. burdensome for state governments to ad- security grant funding to address the critical In addition, Governors support the con- dress, especially as we address matters of na- training, equipment and human resource tinuation of separate funding sources for pre- tional security. Additionally, the provision needs of state and local law enforcement 9/11 programs for law enforcement, public in your bill that creates a Task Force on Es- agencies in a proactive manner that will health and emergency management; the essential Capabilities is critical to ensuring tablishment of a ‘‘one-stop shop’’ to assist allow for greatly needed prevention efforts. that state and local governments, as well as state and local officials with information re- emergency responders are involved in identi- Our members are on the front lines in the garding homeland security; the flexibility to fying national guidelines from early in the war on terror, and when terror strikes our use homeland security funds among pro- process of development. communities we want them prepared. We grams for equipment, training, exercises, and Thank you for your contributions to emer- want our citizens working in partnership planning; and the ability to pay overtime ex- gency management and homeland security. with law enforcement. We want our commu- penses regarding training activities con- We truly appreciate the strides that you are sistent with the goals outlined in the state making in building upon national capacity nities to know that their law enforcement plan. agencies have the necessary resources to to prevent, prepare for, and respond to acts To effectively protect our states and terri- of terrorism, as well as all disasters. minimize death and injury. We need the tories from potential terrorist events, all We look forward to continuing to work funding that S. 21 provides, for: planning, sectors of government must be part of an in- with you in continuing to develop your legis- training, inter-operable communications, tegrated plan to prevent, deter, respond to lation. proper protective equipment, information and recover from a terrorist act. For the Sincerely, exchange and community based terrorism plan to work, it is essential that it be funded DAVE LIEBERSBACH, through a predictable and sustainable mech- prevention programs. NEMA President, Di- anism both during its development, and in rector, Alaska Divi- We believe that S. 21 will provide state and its implementation. A minimum allocation sion of Homeland Se- local officials with not only resources, but to each state and multiyear authorization curity and Emer- also a voice in what is needed to best protect levels of funding will provide the predict- gency Management. ability necessary to implement statewide their community. We trust that your col- Ms. COLLINS. Mr. President, there leagues will make a positive commitment to plans that will assist Governors in securing our nation. are other issues as well that are very those who are sworn to keep the homeland We appreciate the time and attention you important to comment on. Another one secure. have given to some concerns in drafting this is that the Feinstein-Cornyn amend- Thank you for your leadership on this measure and look forward to working with ment does not include adequate ac- issue. you as the bill moves through Senate. countability measures. We know that Sincerely, Sincerely, we need tough accountability meas- GOVERNOR RUTH ANN CLARENCE EDWARDS, ures, such as what is included in the National President. MINNER, Delaware, Lead Gov- Collins-Lieberman amendment. Such ernor on Homeland measures, for example, include a re- Security. quirement for a GAO audit. We would

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15597 also require in our amendment—in con- the bipartisan Collins-Lieberman Let me make clear, our amendment trast to the Feinstein-Cornyn amend- amendment. does not in any way, shape, or form, we ment—that all spending be tied to I yield the remainder of my time to believe, interfere with the authorizing achieving essential prevention and pre- the Senator from Connecticut. committee. The authorizing committee paredness goals. The PRESIDING OFFICER. The Sen- has the absolute right to set whatever This is an important point. We can- ator from Connecticut is recognized. standards it might want to in oper- not afford to have scarce homeland se- Mr. LIEBERMAN. Mr. President, I ations. What we are trying to do is see curity dollars wasted on leather jack- am glad to summarize on our side. The that this huge new bureaucracy, which ets in the District of Columbia or be last opportunity I had to speak, I said has been set up under the Department used to buy air-conditioned garbage that there is a very significant dif- of Homeland Security, with all of its trucks for a New Jersey city. We need ference, which Senator COLLINS com- robust new intelligence capabilities, is to make sure the expenditures are wise pellingly demonstrated, between the able to put forward a plan and have and appropriate, and the tough ac- Collins-Lieberman approach to contrib- that plan be funded, and that plan will countability measures included in the uting these funds and the Cornyn-Fein- be based on risk and threat and vulner- Collins-Lieberman amendment will do stein approach. Of course, I think ours ability. And, in fact, that is what Sec- that. is much more fair. retary Chertoff says in his letter to us, I note that the Feinstein-Cornyn The amendment Senator COLLINS and that he and the President want at least amendment is silent on an authoriza- I are introducing is an amendment to 90 percent of the funds devoted on a tion level, and it doesn’t attempt to re- the underlying appropriations bill. I risk, threat, and vulnerability basis. store the $900 million in cuts since fis- want to stress the differences between He also says they have come up with cal year 2004. Only our amendment our amendment and the underlying 36 essential capabilities they believe seeks to stop the reduction of funding bill. The first goes to funding. are critical in preventing another ter- for first responders by authorizing a Here is a sad story in the midst of an rorist attack. significant level of funding. We didn’t increasing concern about terrorism. In I don’t think we should go to 60–40. I go overboard. It is a level of funding 2004, the Federal Government appro- truly don’t believe places should get that was provided in fiscal year 2004; it priated $2.9 billion to the States and lo- money just to increase whatever it is is $2.9 billion. calities in homeland security grants. In they can increase with their own funds. While we are making progress every 2005, that number was reduced to $2.3 I really believe that because the money year on becoming better prepared to billion. The President’s budget for 2006 is limited, it has to go to places where prevent or respond to attacks, we are a recommended slightly over $2 billion. there are risks, where we know there long way from completing the task. I The appropriations bill that is before are targets, where these targets have note that the Feinstein-Cornyn amend- us now has slightly over $1.9 billion. figured actionable intelligence that has reached us. So that is what we try to ment excludes from risk-based funding Senator COLLINS and I do what we substantially all the cities that have think is the minimum we should be do. Let me summarize once again. Under not received funds in the past. This is doing to protect our people from the the underlying bill, the Homeland Se- an important point. While the Fein- threat of terrorism here at home. We curity appropriations bill, there is stein-Cornyn amendment purports to went back to the 2004 level of $2.9 bil- $1.339 billion based on risk. The Col- authorize the Secretary of Homeland lion. So we increase by $1 billion the lins-Lieberman amendment has $1.155 Security to distribute funds as he sees amount of money authorized in the un- billion based on risk, 60 percent of the fit based on risk, in reality it effec- derlying bill. dollars. It is, in essence, less than the Secondly, we have a predictable for- tively restricts the universe of cities underlying bill. What we have tried to that could apply for risk-based funding mula. It is not ad hoc every year. It do is increase the amount on risk. So to those that have received risk-based will tell local law enforcement what under the Feinstein-Cornyn amend- funding in the past. In this sense, it they can expect to get. ment, there is $1.667 billion based on perpetuates the status quo. Third, it is a balanced formula. Most risk. That 87 percent of the available If a city or region has not received of it is based on risk. The rest gives a dollars is based on risk. risk-based funding in the past and then minimum to each State. Why a min- This does not take anybody out of is faced with a potential threat, for ex- imum to each State? Because who applying. This does not say this city ample, due to the construction of a new knows where the terrorists will strike cannot apply or this town cannot chemical facility or another piece of next? A lot of emphasis has been put on apply. What it says is, if you apply, you critical infrastructure or because it is risk analysis here, Mr. President. I re- are going to be judged on risk, threat, hosting a large event, it is out of luck; peat that risk analysis is an educated and vulnerability. I actually think that it is ineligible to apply for risk-based guess about what these insane, inhu- when you have limited numbers of dol- funding under the Feinstein-Cornyn mane, hateful terrorists will do next to lars, that is what you have to do. amendment. strike at America. My friend and colleague, the Senator Finally, let me show you the im- All of America is vulnerable and all from Connecticut, mentioned the Bali pact—on this chart in green and of America needs help. That is why the bombing. And, yes, one might say that white—of the Feinstein-Cornyn amend- National Governors Association sup- is not the capital of Indonesia. But, on ment. The States in green are better ports our amendment and most law en- the other hand, if we look at Baghdad, off under the Collins-Lieberman ap- forcement agencies do as well. if we look at Beirut, if we look at most proach—the approach supported by the I thank the Chair and urge support of of the places where these attacks take occupant of the chair. It is virtually the amendment. I yield the floor. place, they are in highly symbolic every State. I also point out that those The PRESIDING OFFICER. The Sen- places where the economic and indi- seven states in white don’t do badly. ator from California. vidual damage is large. They do very well because we are dou- Mrs. FEINSTEIN. Mr. President, how When it comes to the United States, bling the amount of money that is much time do I have remaining? many of us fear a large attack, a major risk-based, and we are also providing The PRESIDING OFFICER. The Sen- attack. So we have to figure, based on for a reasonable minimum allocation. ator has 4 minutes 54 seconds remain- intelligence, where that attack is going There it is. I hope my colleagues will ing. to come down. Yes, someone might consider this. A lot of work went into Mrs. FEINSTEIN. Mr. President, I come in through a port, or they might crafting this amendment. It is a com- thank both Senator COLLINS and Sen- come over the southwest border from prehensive approach for a grant pro- ator LIEBERMAN, and particularly Sen- Mexico. This is why we are trying to gram for which we have appropriated ators CORNYN, SCHUMER, LAUTENBERG, tighten our borders. All of that is true, billions of dollars, but never author- and MARTINEZ, who spoke on behalf of but we have to figure, if that big at- ized. Let’s do this right. Let’s adopt our amendment. tack takes place, where is it going to

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15598 CONGRESSIONAL RECORD—SENATE July 12, 2005 take place? What is the first response like a litany of good public service: fire I received a letter on June 10 of this going to be? How fast is it going to be? suppression, wild land firefighting, haz- year from Chief Robert DiPoli, retired, The fact is that the British people ardous materials response, code en- president of the International Associa- have done this. They put an emphasis forcement, fire prevention, education, tion of Fire Chiefs. I shall make this on London. Therefore, when those explosives response, investigation, in- letter a part of the RECORD shortly but bombs blew up, the response was fast, dustrial fire prevention and safety, and not at this moment. and the speed of the response was able counterterrorism. In the letter, Chief DiPoli tells me to save lives. So it is a kind of proto- So in this high-technology, post-9/11 that the Assistance to Firefighters type, if you will, of what we are trying world, it is not our father’s fire service. Grant Program and the Staffing for to achieve here. Firefighters require the latest equip- Adequate Fire and Emergency Re- For once, I am on the same note as ment and training to cope with chang- sponse Firefighters, or SAFER, Pro- the administration. We would like to ing threats. When our Nation fell under gram are the highest priorities of the see as much money as possible go to attack on September 11, 2001, fire- members of the association. He goes on cities based on risk. fighters raced into buildings, buildings to state that although the fire depart- The PRESIDING OFFICER. The Sen- engulfed in flames, to save people. ments are locally funded and operated, ator’s time has expired. Today, over 8,000 firefighters are bat- they do provide a national service in Mrs. FEINSTEIN. That is what our tling wildfires in eight States that times of crisis, whether natural or man amendment does. I hope this body will threaten our environment and prop- made. vote yes. erty. When a house is on fire, fire- Chief DiPoli has said that the Assist- Have I used all my time? fighters arrive quickly on the scene to ance to Firefighters Grant Program is The PRESIDING OFFICER. The Sen- rescue people and their pets. They rush the greatest program ever to hit the ator’s time has expired. into burning buildings to pull people streets because fire departments can- Mrs. FEINSTEIN. I yield the floor, from the mayhem. When vehicles spill not fund all of their needs through and I suggest the absence of a quorum. hazardous, even toxic materials, fire- bean suppers and bingo games. I have The PRESIDING OFFICER. The fighters clean up the spill, thereby pro- to agree. I agree. clerk will call the roll. tecting nearby populations. According to a recent study by the The legislative clerk proceeded to They do all of this often without U.S. Fire Administration entitled ‘‘A call the roll. proper equipment, often without Needs Assessment of the U.S. Fire Mr. BYRD. Mr. President, I ask unan- enough training, often without suffi- Service,’’ only 13 percent of the fire de- imous consent that the order for the cient staffing but—but, but—they do it partments have the equipment and quorum call be rescinded. anyway. Yes, they do it anyway, and training to handle an incident involv- we are all better off for their bravery. The PRESIDING OFFICER. Without ing chemical or biological agents, and One could go on and on about these objection, it is so ordered. half of all fire engines are at least 15 heroes, but words are meaningless AMENDMENT NO. 1200 without action. That is why I am offer- years old. Ten percent of fire depart- Mr. BYRD. Mr. President, I ask unan- ing an amendment that will restore ments in cities with at least one build- imous consent that the pending amend- funding for the Assistance to Fire- ing over four stories high or higher do ment be set aside and that amendment fighters Grant Program, a program not have adequate ladders or aerial ap- No. 1200 be stated by the clerk. that provides equipment and training paratus. Overall, fire departments in The PRESIDING OFFICER. Without for these courageous public servants. the United States do not have enough objection, it is so ordered. The clerk So I say, restore funding for the As- portable radios to equip half of the re- will report. sistance to Firefighters Grant Program sponders on a shift, and the percentage The legislative clerk read as follows: because the bill that is before the Sen- is even higher in small communities. The Senator from West Virginia [Mr. ate reduces funding for firefighter So who would want to be a fire- BYRD], for himself, Mr. KENNEDY, Mr. grants by $100 million in comparison fighter? I would not want to be, with DEWINE, Mr. CORZINE, and Mr. DODD, pro- all of that shortage of equipment. poses an amendment numbered 1200. with last year. There is no justification for this cut. Applications for fiscal One-third of firefighters per shift are At the appropriate place, insert the fol- not equipped with self-contained lowing: year 2005 totaled $2.7 billion. With the funding that Congress approved, the breathing apparatus. For necessary expenses for programs au- How about that? This equipment is thorized by the Federal Fire Prevention and Department of Homeland Security Control Act of 1974 (15 U.S.C. 2201 et seq.), funded less than one-quarter of the eli- not cheap. A portable radio costs $950. $100,000,000 shall be available to carry out gible applications. A chemical agent detector costs $8,585. section 33 (15 U.S.C. 2229) for the fiscal year Instead of responding to this signifi- An air pack costs $4,424. A defibrillator ending September 30, 2005, to be available cant demand for firefighter equipment costs $1,695. Night vision goggles cost immediately upon enactment, and to remain and training, the administration pro- $3,210. Uniforms and other basic gear available until September 30, 2007. posed to cut firefighting grants for fis- cost $1,000. So it is no surprise to me Mr. BYRD. Mr. President, I thank cal year 2006 from $715 million to $500 that the demand for this program has the clerk. million, a reduction of 30 percent. grown from $2.1 billion for fiscal year I ask unanimous consent that the fol- Our leader, Homeland Security Sub- 2003 to $2.3 billion in fiscal year 2004 to lowing Senators be added as cospon- committee Chairman GREGG, has done $2.7 billion for this year. sors: Messrs. KENNEDY, DEWINE, all that he can to address the greatest What does surprise me, what dis- CORZINE, and DODD. That is it. That needs in this Homeland Security appro- appoints me, is that in the face of doc- completes the list. priations bill for fiscal year 2006. But umented needs—now these are not just The PRESIDING OFFICER. Without our bank account—ah, now, there is ‘‘suspicion’’ needs or ‘‘maybe’’ needs or objection, it is so ordered. where the problem is—our bank ac- ‘‘perhaps’’ needs. What does surprise Mr. BYRD. Mr. President, I rise count was pilfered by a budget proposal me, what disappoints me, is that in the today to talk about a very important from the White House. The White face of documented needs for better group of men and women and to offer House proposed that the Appropria- equipment and growing demand for an amendment on their behalf. tions Committee raise $1.68 billion in this program, the bill cuts the funding All across this land, there are men fees by raising airline passenger fees. for equipping and training our fire- and women who put their lives on the The problem is, the Appropriations fighters. line every day fighting fires, over a Committee does not have authority to I am pleased that the bill provides an million firefighters, and over three- increase such fees. So what happened? increase for the SAFER firefighter hir- fourths of them are volunteers. So This left the committee with a deep ing program. I commend my chairman, when one reads a list of the responsibil- hole to fill, and as a result, our fire- Senator GREGG, for his support for the ities firefighters bear each day, it reads fighters are $100 million short. program. Overall, firefighter grants are

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15599 cut by $100 million. Firefighters in equipped. In December 2002, the U.S. Fire Ad- new hires for an additional year. At least 20 both big cities and small towns across ministration (USFA) and the National Fire percent of funds would be reserved for volun- this land face new challenges every Protection Association (NFPA) issued a joint teer firefighters. day, while maintaining their tradi- study entitled A Needs Assessment of the In FY 2005, Congress funded the FIRE Act U.S. Fire Service. While the federal govern- at $650 million and SAFER at $65 million. We tional missions. They should not rely ment has since begun funding state and local ask that you include funding at the full au- on bean suppers and bingo games to homeland security programs, the NFPA be- thorized levels for these two critical pro- raise the funds to pay for their needs lieves that the following statistics still re- grams in your budget plan for the coming on the job. Individually and collec- flect the problems that America’s fire serv- year. tively, we are safer with properly ice faces in meeting basic mission needs. For Thank you for your consideration. equipped and trained firefighters. As a example: Sincerely, Nation, we rely on their capabilities. Half of all fire engines are at least 15 years Chief ROBERT A. DIPOLI (Ret.), Therefore, Federal dollars are wisely old. President. On the whole, fire departments do not have invested in the effort. Mr. BYRD. I yield the floor. enough portable radios to equip more than The PRESIDING OFFICER. The Sen- That brings me to the present mo- about half of the emergency responders on a ment. I offer this amendment to pro- shift. ator from New Hampshire. vide $100 million to the Assistance to About one-third of firefighters per shift are Mr. GREGG. Mr. President, I appre- Firefighters Grant Program. By ap- not equipped with self-contained breathing ciate the proposal of the Senator from proving this amendment, the Senate apparatus (SCBA), and nearly half of SCBA West Virginia. It is sincere and well in- will be answering the call, will be say- units are at least 10 years old. tentioned. Obviously, if we had the ing, We hear you, we hear what you are An estimated 57,000 firefighters lack per- extra money, I would do it. Unfortu- sonal protective clothing. saying, will be answering the call from nately, we are working within budget This report also documented a significant restraints, and the decision was made our firefighters. deficiency in firefighter staffing. NFPA This is a modest amendment. It sim- Standard 1710 requires that a minimum of within this bill to move dollars from ply restores firefighter grants funding four firefighters respond to an event. An accounts that we felt had either robust to the fiscal year 2005 level of $715 mil- alarming number of both volunteer and ca- funding or a fair amount of money still lion. Even if this amendment is adopt- reer fire departments are unable to meet this in the pipeline toward accounts where ed, the firefighting program will be al- safety standard: we knew we had great needs such as most $300 million below the level au- The USFA/NFPA report found that at least weapons of mass destruction and bor- 10% of volunteer firefighters serve in fire de- der security. thorized by Congress. I wish we could partments that cannot achieve a standard do more, but this is the least we can I simply note that in the area of fire- minimum response to a mid-day house fire. fighter assistance, since 2003 we have do. A 2003 report by the NFPA entitled Pre- I urge my colleagues on both sides of paring for Terrorism: Estimated Costs to put $2.5 billion into this initiative. In the aisle to adopt the amendment. I U.S. Local Fire Departments estimated that an earlier amendment, we moved ask unanimous consent that the letter more than 50,000 new career firefighters are money from the equipment funds over to which I earlier referred from Chief needed to provide an adequate baseline level to the staffing funds so that we now Robert A. DiPoli be printed in the of response. To adequately respond to a ter- have $115 million in this budget for rorist attack, the nation would need 75,000 to staffing initiatives, which I think is RECORD. 85,000 new career firefighters. There being no objection, the mate- very important because of that $2.5 bil- To help address some of the glaring defi- lion, a very small percentage has been rial was ordered to be printed in the ciencies in equipment and training, Congress RECORD, as follows: passed the FIRE Act in 2000. Congressional, spent on staffing. As the Senator from INTERNATIONAL administration, and fire service officials West Virginia noted, we need to get ASSOCIATION OF FIRE CHIEFS, alike have called the FIRE Act one of the people up to speed as to training and Fairfax, VA, June 10, 2005. very best federal grant programs. The U.S. staffing capabilities. Hon. ROBERT C. BYRD, Department of Agriculture (USDA) issued a We retain still $500 million for equip- Ranking Member, Subcommittee on Homeland program analysis in 2003, proclaiming that ment in this bill, which is a fair num- Security, Committee on Appropriations, U.S. the FIRE Act works. In USDA’s own words, ber of dollars. We have approximately Senate, Washington, DC. the FIRE Act ‘‘has been highly effective in $715 million in the pipeline which has DEAR SENATOR BYRD: As you craft appro- increasing the safety and effectiveness of priations legislation for Fiscal Year 2006 (FY grant recipients . . . 99 percent of program not gone out yet from 2005. Hopefully it 2006), I would like to draw your attention to participants are satisfied with the program’s will go out quickly and soon, but it has two critical federal grant programs for first ability to meet the needs of their depart- not gone out yet. So we know there is responders: the Assistance to Firefighters ment . . . [and] 97 percent of program par- a fair amount of money in the pipeline. Grant Program (commonly known as the ticipants reported positive impact on their Overall, the funding for firefighters, ‘‘FIRE Act’’) and the Staffing for Adequate ability to handle fire and fire-related inci- since 2003, is now over $3 billion, which Fire and Emergency Response Firefighters dents.’’ is a very strong commitment to our Act of 2003 (commonly known as ‘‘SAFER’’). There are good reasons for the FIRE Act’s firefighter community and one which is The FIRE Act and SAFER are two of our success, and they are the five pillars of the members’ highest priorities, and we ask that program. First, funds go directly to local fire very appropriate considering, as the you provide full funding for both programs in departments for the purposes intended. Senator from West Virginia has so ef- your bill. There is no opportunity for the money to get fectively outlined, the risks which Established in 1873, the International Asso- bottlenecked at intermediate levels as with these people undertake every day for ciation of Fire Chiefs (IAFC) is a powerful so much other first responder funding. Sec- our safety. So we believe that this is a network of more than 12,000 chief fire and ond, grants are awarded on a competitive strong commitment to the firefighter emergency officers. Our members are the basis, and not on a predetermined formula. community. We would like to do more world’s leading experts in firefighting, emer- Third, grant applications are peer-reviewed. if we could do it within this budget gency medical services, terrorism response, Fourth, grants are supplemental only; they hazardous materials spills, natural disasters, may not supplant local funds. The fifth and context, but we cannot. Unfortunately, search and rescue, and public safety legisla- final pillar of the FIRE Act’s success is that this amendment would put us outside tion. it requires a co-payment by the community, of the budget guidelines we are pres- Though fire departments are locally funded and thus ensures community ‘‘buy-in’’ to the ently pursuing or subject to. and operated, they provide a national service idea of improving the fire service and, there- In addition, of course, many of these in times of crisis, whether natural or man- fore, advancing public safety. firefighting departments can obtain made. That means preparing for everything As with the FIRE Act, SAFER would use a money from their State plans on top of from hurricanes and wildfires to potential competitive and peer-reviewed application the earmarked funds which go to the acts of terrorism. America’s fire service is process, and grants would be supplemental ready, willing and able to answer the public only. Grants would be for a four-year period, fire departments, the earmarked fire- call. during which time the federal contribution fighting funds of $3 billion. There is the To do so, however, America’s fire service would phase down from 90 percent to 30 per- rather significant and robust commit- must be adequately staffed, trained and cent. Grantees must commit to retaining ment of over $14 billion which has been

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15600 CONGRESSIONAL RECORD—SENATE July 12, 2005 made toward first responder activity ther just to say that I thank the chair- this point of order until the Senator generally, and all of these dollars man for his consideration that he is from West Virginia feels he has had would theoretically be available to giving to my request. I might add, fire- adequate time to discuss this matter fund firefighters. fighters and the communities they pro- with the chairman of the full com- Obviously that is not going to hap- tect ought not to be penalized by in- mittee, and hopefully it can be re- pen, but clearly, if the State plan de- side-the-beltway procedures. We are in solved. cides they need more money in their this tough position because the White I suggest the absence of a quorum. firefighter community, a State plan House proposed that the Appropria- The PRESIDING OFFICER. The can allocate that money for those fire- tions Committee raise $1.68 billion by clerk will call the roll. fighter initiatives beyond the money increasing airline passenger fees. The bill clerk proceeded to call the which comes through this $3 billion ini- I have gone over this already, but I roll. tiative over the last 3 years. So this is have to say again, as I said earlier, Mr. GREGG. Mr. President, I ask a strong commitment to the firefighter that the Appropriations Committee unanimous consent the order for the community, and it is an attempt to re- does not have authority to increase quorum call be rescinded. orient that commitment so that we these fees. Therefore, we have been left The PRESIDING OFFICER. Without focus more on staffing than on equip- with a gaping hole in resources, and objection, it is so ordered. ment, which we feel has received a dis- this means that our firefighters are Mr. GREGG. Mr. President, I ask proportionate amount of the funding going to suffer a funding cut of $100 that prior to the votes which are to over the last few years at the expense million below the fiscal year 2005 level. occur at 5 o’clock on the Feinstein and of the staffing and training activities. Some Senators might be surprised to Collins amendments—I guess the Col- That is where we stand in this bill. I know that the United States has one of lins amendment will be first—that 4 believe the bill is reasonable on this the highest fire death rates in the in- minutes be equally divided between the point. At the proper time, obviously a dustrialized world at 13.5 deaths per two sides with 2 minutes under the point of order will lie against this million population. Fires kill more control of Senator COLLINS and 2 min- amendment, and I would presume that Americans than all natural disasters utes under the control of Senator FEIN- we would have to make it. combined. In 2003, 3,925 civilians lost STEIN. I yield the floor. their lives as a result of fire, and 111 The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- firefighters were killed in duty-related objection, it is so ordered. ator from West Virginia. incidents. In that same year, 18,125 ci- Mr. GREGG. I make a point of order Mr. BYRD. Would the able chairman vilians suffered injuries that occurred a quorum is not present. yield for a comment? as a result of fire. So there is a real The PRESIDING OFFICER. The I urge the chairman not to raise the need for this funding. Communities clerk will call the roll. budget point of order at this time. I need the money to buy essential equip- The bill clerk proceeded to call the wonder if perhaps I might implore the ment. This is not a case of throwing roll. chairman to work with Chairman dollars at fire departments so they can Mr. KERRY. Mr. President, I ask COCHRAN to approve using a portion of buy extravagant items. unanimous consent that the order for the fiscal year 2005 allocation for our This is a very modest amendment. the quorum call be rescinded. firefighters so that this amendment Even with adoption of the amendment, The PRESIDING OFFICER. Without would not be subject to a point of the program will still be $300 million objection, it is so ordered. order. Would the very able chairman be below the level authorized by Congress. AMENDMENT NO. 1162 willing to give some consideration to Last year, the Department of Home- Mr. KERRY. Mr. President, I call up my request in this light? land Security was unable to approve an amendment numbered 1162. Mr. GREGG. Mr. President, I know over $2 billion in eligible applications The PRESIDING OFFICER. Without the Senator from West Virginia, the for equipping and training our fire- objection, the pending amendment is senior Senator in the Senate and the fighters because of lack of funding. We set aside. ranking member of the full committee, ought to do everything we can to meet Mr. KERRY. I thank the Chair. I has discussed this matter with Senator this demand for equipment and train- offer this amendment together with COCHRAN. I am perfectly willing to pur- ing for our firefighters. Senator LAUTENBERG and Senator sue that course. I am willing to talk The Appropriations Committee cur- CORZINE. with the chairman of the full com- rently has $1.058 billion in budget au- The PRESIDING OFFICER. The mittee on that point, but I think prob- thority available under the 302(b) allo- clerk will report. ably from the chairman’s position—I cation for fiscal year 2005. So the rea- The bill clerk read as follows: cannot make his case because I have son I have asked my beloved chairman, The Senator from Massachusetts [Mr. not talked to him about it but suspect Senator GREGG, to consider discussing KERRY], for himself, Mr. LAUTENBERG, and his concern is that opens the door that this with Chairman COCHRAN is that if Mr. CORZINE, proposes an amendment num- could lead to a large amount of author- Chairman COCHRAN made just $100 mil- bered 1162. ization from 2005 being used, which lion of this unused allocation available Mr. KERRY. I ask unanimous con- would then generate outlays in 2006 to homeland security, this amendment sent the reading of the amendment be which would absorb money that I sus- would not be subject to a Budget Act dispensed with. pect the chairman of the full com- point of order. The PRESIDING OFFICER. Without mittee feels he is going to need in order I again thank my friend, the chair- objection, it is so ordered. to meet what is a fairly tight budg- man, for at least saying that he will The amendment is as follows: etary restriction already subjected to withhold the point of order, and that (Purpose: To require the Inspector General the 2006 bill. he will give this matter some further to report to the Congress on the port) So I can understand if the chairman consideration. On page 100, between lines 11 and 12, insert of the full committee might be reticent Before I yield the floor, I ask unani- the following: to accept such a request, but I will cer- mous consent to add Senators LIEBER- SEC. 519. Within 90 days after the date of tainly be happy to—well, I will not MAN and MIKULSKI as cosponsors to my enactment of this Act, the Department of need to pass it on because I know the amendment. Homeland Security’s Office of Inspector Gen- Senator from West Virginia has, but I I yield the floor. eral shall issue a report to the House and would be happy to sit on the sidelines Senate Committees on Appropriations, the The PRESIDING OFFICER. Without House and Senate Committees on Homeland and allow these titans to settle this objection, it is so ordered. Security, and the Senate Committee on issue. The Senator from New Hampshire. Commerce, Science, and Transportation re- Mr. BYRD. Mr. President, if the dis- Mr. GREGG. Obviously I am per- garding the steps the Department has taken tinguished Senator would allow me fur- fectly happy and do not intend to make to comply with the recommendations of the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15601 Inspector General’s Report on the Port Secu- the IG report states very clearly only have a secure container that is going rity Grant Program (OIG–05–10). $106 million has actually been spent as from point of embarkation to debarka- Mr. KERRY. Mr. President, this is a of last year. tion. There are any number of things rather straightforward amendment, If we put that in perspective, accord- we can do and they are very important not very complicated in its scope but ing to the GAO, more funding has been to the longer term security of the important in its scope. I offer it to- spent on the Capitol Visitor Center country and not that expensive in the gether with Senator LAUTENBERG and than was awarded during the first four end. Senator CORZINE. rounds of the port security grant pro- In the Senate, Members have debated This is an amendment to require the gram. If we consider that only $106 mil- previously whether we ought to be Department of Homeland Security in- lion out of $7.3 billion that needed to be dedicating more funding. I understand spector general to issue a report to the spent has actually been spent, the re- the votes are not there at this moment Congress within 90 days detailing the ality is we have almost five times the to actually do the funding, but I hope steps which that agency is taking to funding going into the Capitol Visitor the votes would be there to take the IG correct what many people feel is Center as is going to protect the ports of Homeland Security seriously. The IG amounting now to a dangerous situa- and providing security of our ports in has already suggested the deficiencies tion of either oversight or mismanage- the security program. I think that that exist now. We ought to be looking ment. comparison would surprise a lot of to the IG to further help the Senate Let me explain that record and why I Americans. make a choice about the future. am concerned about it. Earlier this A lot of Members have supported Nearly 4 years after September 11, year, the Department of Homeland Se- spending a little bit more in the secu- the administration has yet to complete curity inspector general issued an rity for the ports because we believe it a national maritime security plan that alarming report. We all ought to be is basic to the national defense of our was due to Congress last year and they very grateful to the IG for the issuance country. We know al-Qaida and other have offered no contingency plans to of that report. The IG concluded that 4 terrorists target transportation sys- redirect the flow of commerce and keep years after September 11, the adminis- tems. We have seen that since Sep- the economy running in the event tration, and I quote the IG, ‘‘has no as- tember 11 in Madrid and now London. there were a terrorist attack at a port. surance that our ports program is pro- We saw it in 1998 when they bombed All of this is required by Congress now. tecting the Nation’s most critical and the USS Cole as it sat docked at a port Port authorities, shippers, importers, vulnerable infrastructure and assets.’’ in Yemen. vessel owners, truckers, and other com- The IG concluded that the program’s We also know millions of containers mercial maritime entities have no idea design hinders its ability to direct enter our country each year what would be expected of them, what enough funding to the most vulnerable uninspected. And we are told by the the procedures would be if an attack ports, that available critical infra- Department of Homeland Security that were to occur. We do not even know structure information was not used all of the radiation screening equip- which Federal agency would be in during the application vetting process, ment purchased after September 11 will charge. The Coast Guard says it will be that of the $564 million awarded for have to be replaced because it is inef- in charge. The FBI says it is in charge. port security grants since September fective. In short, we are unprepared to do all 11—that is over almost a 4-year pe- If a major U.S. port were to be the we can do to detect and prevent and we riod—only $106 million has actually victim of some kind of container at- are unprepared to deal with the reality been spent, that 82 out of 86 projects tack, that attack could take any num- if it were to occur. Therefore, we un- funds for the Office of Domestic Pre- ber of different forms. There was a derstand why the IG was critical of the paredness in 2003 lacked merit, and per- threat in New York City not long after way this program has been thus far ad- haps the most damaging revelation was September 11 which was taken very se- ministered. in 2003 the Transportation Security Ad- riously about the potential of a dirty I ask my colleagues this: If we can- ministration, which funded 811 nuclear bomb. There is obviously the not agree that protecting our ports at projects, had only one staff member threat of an actual primitive nuclear this point deserves more funding— overseeing the entire program. weapon of some kind being used which, which many Members believe on its That is a situation, according to the primitive as it might be, could still face is obvious it ought to get more inspector general, that leaves America pack the force of a bomb that was used than the $106 million that has been more vulnerable to attack. I know my at Hiroshima. That would threaten spent or the $560 million allocated—but colleagues and, I am confident, the anywhere between 50,000 and 1 million if we cannot agree on that, if we can- President do not want to allow this sit- American lives. It could blow a $300 not agree it ought to get more funding uation to continue. million to $1.2 trillion hole in our econ- than the Capitol Visitor Center, at What is the best thing we can do to omy in very short order, not to men- least we ought to be able to agree we avoid that? Obviously, our priorities tion what it would do with respect to ought to be able to find out from the are reflected in how we choose to spend the energy crisis or to the larger longer IG how the money could be spent in a money and what we do with that. When term issue of the overall port security way that is not mismanaged and that we passed the Maritime Transportation and flow of goods we rely on in our accomplishes our goals to the best of Security Act in 2002, the Coast Guard international trade. We would have a our ability with the funds we have. estimated then it would cost port au- global economic disaster. Thus far, the Department of Home- thorities, the private sector, and the No one can predict in any way that land Security has concurred with 11 of Government $7.3 billion to implement we can set up a fail-safe system. I am the 12 recommendations from the IG, its requirements. In other words, after not suggesting that. But I do know and they have promised reforms. But the Maritime Transportation Security from the information we have gleaned what we need to know is whether they Act of 2002, which was in direct re- from any number of people working on have been implemented, they are going sponse to what we learned needed to be this technology that there is a signifi- to be implemented, whether there are done as a result of September 11, we cant advance in the state of the art of further steps we ought to be taking. We had a private sector and Government technology for large-scale container would be remiss in our responsibilities estimate of $7.3 billion that needed to screening. There are a number of dif- of oversight if we did not follow up on be expended in order to put America in ferent tracking systems that are avail- the report of the IG detailing what the the place we ought to be for security. able to secure containers at the place Department has done to fix the prob- To date, only $564 million has been of embarkation and guarantee very in- lems. awarded for port security grants to expensively that they have not been That IG report was released in Janu- help port authorities improve security jimmied or monkeyed with in the ary. Since then there have been no con- and comply with the law. And of that, course of transit so that we know we gressional hearings on the issue, and

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15602 CONGRESSIONAL RECORD—SENATE July 12, 2005 no formal report has been delivered to Mr. KERRY. I appreciate the chair- Mr. AKAKA. Mr. President, I rise Congress. We ought to ask for one. It is man accepting that and I appreciate today to offer an amendment to the fis- important to get this information since the efforts of the committee. I know cal year 2006 Department of Homeland the Office of State and Local Govern- the committee put in additional Security Appropriations Act to ensure ment Coordination and Preparedness, money, about $200 million, and that is that the men and women on the which inherited the program, is going important funding. frontlines of a terrorist attack on the to conduct a fifth round of grants be- Again, I restate, we are looking at a United States are not unduly jeopard- ginning in September. So we go into a $7.3 billion problem. That is a step for- ized by budget cuts. I am joined by my fifth round of grants without under- ward. I am very grateful to the chair- colleagues, Senators LIEBERMAN, HAR- standing what the urgency and prior- man for being willing to try to find KIN, OBAMA, MURRAY, CORZINE, LAUTEN- ities are according to the goals set out this report. I hope the Department BERG, BINGAMAN, DURBIN, and SCHUMER. by the Congress itself. itself will respond accordingly to the Our amendment is simple. It would My amendment is very simple: It re- language which the committee has ap- restore first responder funding to fiscal quires the inspector general to issue propriately put in here to try to get year 2005 levels. another report so that Congress knows this in scope. We have been talking Last week, the world witnessed a the exact state of the program now and about this for 4 years now and most horrific attack on the United Kingdom. performs the appropriate level of con- people would agree, in the major My heartfelt sympathy goes out to the gressional oversight and helps us to ports—California, New Jersey, New people who have been affected by this improve our port security. I hope this York, Miami, various places—this is a atrocity. As we reflect on this tragedy, would be an amendment we could ac- major concern. The communities are we should remember the images of po- cept. It should not be that controver- increasingly feeling ill-equipped to re- lice, firefighters, and emergency med- sial and does not provide for the ex- spond appropriately. ical personnel who ran into the under- penditure of money, but provides for I thank the Chair for his response. ground tunnels and streets as others congressional oversight and account- I suggest the absence of a quorum. were evacuated. These images are a re- ability that is so important to doing The PRESIDING OFFICER. The minder that we should not abandon our job to improve the security of our clerk will call the roll. America’s first responders by cutting country. The assistant legislative clerk pro- their funding. The PRESIDING OFFICER. The Sen- ceeded to call the roll. The Homeland Security Appropria- ator from New Hampshire. Mr. AKAKA. Mr. President, I ask tions Subcommittee had a difficult job Mr. GREGG. Let me join with the unanimous consent that the order for this year, and I would like to thank the Senator from Massachusetts on his the quorum call be rescinded. chairman and ranking member for concern. It is a very important and cor- The PRESIDING OFFICER. Without their hard work. However, I disagree rectly stated concern about the way objection, it is so ordered. with their choice to reduce first re- these funds are being distributed and Mr. AKAKA. Mr. President, I ask sponder funding below fiscal year 2005 the slowness with which these funds that the pending amendment be set appropriated levels and in one case are coming out. In this bill we have put forward addi- aside. even below the President’s fiscal year tional funding for port security. We Mr. President, I call up amendments 2006 budget request. Our amendment would restore fund- consider that a priority, an area of sig- Nos. 1112 and 1113 and ask for their con- ing by adding a total of $587 million to nificant threat. We bumped up the sideration. amount of money for port security over The PRESIDING OFFICER. Is there the Homeland Security First Re- what the President requested. We put objection? Without objection, it is so sponder Grant Program. The majority, in the report language which specifi- ordered. $467 million, would go to State and cally says on page 11 that we believe The clerk will report. local grants which include the State the Department can expedite awards The assistant legislative clerk read Homeland Security Grant Program and for Homeland Security grants—includ- as follows: the Urban Area Security Initiative. It ing a series of them, port security—and The Senator from Hawaii [Mr. AKAKA] pro- would also direct $20 million to the the committee directs the Department poses amendments numbered 1112 and 1113. Metropolitan Medical Response System to submit a report to the committee on Mr. AKAKA. Mr. President, I ask and $10 million to the Assistance to February 18, 2006, that lays out a unanimous consent that the reading of Firefighters Grant Program, commonly schedule for the award of grant funds the amendments be dispensed with. known as the FIRE Act grants. made available by this act as well as The PRESIDING OFFICER. Without Our amendment does not address the any prior year funds that remain obli- objection, it is so ordered. other first responder grant programs gated. If any grant funds are awarded The amendments are as follows: that are funded at or above last year’s level. after March 30, 2006, the Department AMENDMENT NO. 1112 Let me be clear, Mr. President. This should provide a detailed explanation (Purpose: To increase funding for State and amendment does not seek to increase for the delay. local grant programs) funding over what has already been It is a legitimate concern and some- On page 77, line 18, strike ‘‘$2,694,300,000’’ thing the committee has focused on. and insert ‘‘$3,281,300,000’’. spent in fiscal year 2005. We simply are The Senator’s proposal is constructive On page 77, line 20, strike ‘‘$1,518,000,000’’ seeking to prevent a reduction in ap- to the effort. We would be happy to ac- and insert ‘‘$1,985,000,000’’. propriations for first responder grants. cept it by unanimous consent. I ask On page 79, line 21, strike ‘‘$321,300,000’’ and This country cannot afford to take unanimous consent the amendment of insert ‘‘$341,300,000’’. resources away from its first respond- the Senator from Massachusetts be ac- AMENDMENT NO. 1113 ers at a time when we rely on them cepted. (Purpose: To increase funding for State and now more than ever. In 2003, an inde- The PRESIDING OFFICER. The local grant programs and firefighter assist- pendent task force sponsored by the question is on agreeing to the amend- ance grants) Council on Foreign Relations esti- ment. On page 77, line 18, strike ‘‘$2,694,300,000’’ mated that Federal funding for first re- The amendment (No. 1162) was agreed and insert ‘‘$3,281,300,000’’. sponders would fall $98.4 billion short to. On page 77, line 20, strike ‘‘$1,518,000,000’’ of actual needs between 2004 and 2008. Mr. KERRY. I move to reconsider the and insert ‘‘$1,985,000,000’’. And that figure was based on fiscal On page 79, line 21, strike ‘‘$321,300,000’’ and year 2004 funding levels remaining con- vote. insert ‘‘$341,300,000’’. Mr. GREGG. I move to lay that mo- On page 81, line 24, strike ‘‘$615,000,000’’ and stant. If Congress approves the level of tion on the table. insert ‘‘$715,000,000’’. funding proposed in the Senate version The motion to lay on the table was On page 81, line 24, strike ‘‘$550,000,000’’ and of H.R. 2360, Federal funding will have agreed to. insert ‘‘$650,000,000’’. decreased by over $592 million from the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15603 fiscal year 2004 numbers the CFR task wants to ask for 2 or 3 minutes to offer The Senator from North Dakota [Mr. DOR- force used for their calculations. an amendment. I understand we are GAN] proposes an amendment numbered 1111. The First Response Coalition, a non- going to have 4 minutes, equally di- Mr. DORGAN. I ask unanimous con- profit organization, reworked CFR cal- vided, before we begin the vote on the sent that the reading of the amend- culations using the President’s fiscal Collins and Feinstein amendments. So ment be dispensed with. year 2006 budget proposal and found the I would ask unanimous consent that I The PRESIDING OFFICER. Without gap would grow to $100.2 billion. The be allowed to speak for about a minute objection, it is so ordered. President’s budget proposal allocates and a half, in response to the Senator The amendment is as follows: more funding to first responders than from Hawaii, that we then go to the (Purpose: To prohibit the use of funds appro- the bill we are considering today. Senator from North Dakota for the priated under this Act to promulgate the In my home State of Hawaii, this dis- purpose of calling up an amendment, regulations to implement the plan devel- crepancy between needs and funding speaking for 2 or 3 minutes, and then oped pursuant to section 7209(b) of the In- will be acutely felt as State emergency that we go into the 4-minute presen- telligence Reform Act of 2004) responders must be self-sufficient be- tation prior to the vote and the votes At the appropriate place, insert the fol- cause there are no neighboring States occur after that. After the first vote, lowing: which will be the Collins vote, I would SEC. ll. None of the funds appropriated to rely upon for assistance. Hawaii under this Act may be used to promulgate State civil defense must assume that ask there be, by unanimous consent, 2 regulations to implement the plan developed aid from the mainland will not arrive minutes equally divided, with 1 minute pursuant to section 7209(b) of the 9/11 Com- for at least 72 hours and, in some cases, controlled by the Senator from Cali- mission Implementation Act of 2004 (8 U.S.C. such as during a hurricane, for 7 days. fornia and 1 minute by the Senator 1185 note) to require United States citizens In addition, the State is responsible for from Maine. to present a passport or other documents not only protecting its own citizens The PRESIDING OFFICER. Is there upon entry into the United States from Can- but also the approximately 1.4 million objection? The Chair hears none, and it ada. tourists and U.S. servicemembers who is so ordered. Mr. DORGAN. Mr. President, I know are in Hawaii on any given day. Mr. GREGG. Mr. President, the the manager of the bill and the ranking The Federal Government is increas- amendment from the Senator from Ha- member are asking for amendments to ingly asking States and localities to waii I know is well-intentioned, but we be offered and considered. I wanted to bear more of the brunt of the war on are working within a budget, and the do that. terror. We ask our first responders to purpose of our bill was to focus our en- Very quickly, this amendment deals run into a burning building not know- ergies on areas where we saw highest with the issue of whether to require ing whether they will find a small fire threat, and, yes, we did reduce the passports for everyone entering and or a lethal chemical agent. We ask amount of first responder funds and leaving this country at our borders. them to understand and execute on a take those monies and move them onto We have a common border with the moment’s notice the different response the effort to try to fight weapons of country of Canada, over 4,000 miles. In protocols for a radiological, biological mass destruction and to put more peo- my State of North Dakota, we have ple and more emphasis on protecting or chemical attack. We ask this of our people moving back and forth across our borders. That is where the money first responders, in addition to car- the border all the time. We have people is moved, but we kept $1.9 billion in the rying out their traditional responsibil- who farm on both sides of the border, first responder funds, and that means ities. With all we ask of our first re- people with families on both sides of that since 2003 there will have been $13 sponders, it is not too much for them the border. At the Pembina port of billion put into first responder funds. entry, we have 100,000 people a month to ask us for a constant level of sup- To try to put this into perspective, port and funding. crossing the border. this money has been flowing so fast To require a passport for that is, in Last month, I joined with Senators into these accounts that there remains, COLLINS, LIEBERMAN, and LEVIN to in- my judgment, far too burdensome. A from 2004 and 2005 appropriations, al- passport now costs a $55 fee, a $12 secu- troduce the Interoperable Communica- most—or over—$7 billion of unspent tions for First Responders Act which rity surcharge, and a $30 execution money, I mean money that is in the charge—a total of $97 to obtain a pass- would create a grant program dedi- pipeline that simply cannot be handled port. cated to interoperability funding. We efficiently yet. So we are putting an- I believe very strongly we do need were forced to do this because there other $1.9 billion under this bill on top border security, no question about has not been enough funding in the ex- of that $7 billion. And we believe that that. That is important. But I think, isting first responder programs to meet that is reasonable, in light of the needs especially with respect to day travel the country’s considerable interoper- on the borders, to put more people on and common tourist and business prac- able communication needs. How can we the borders. That is why we made this tices across, for example, the United justify cutting the funding even more? decision. The amendments of the Sen- States-Canadian border, with which I This is not a fiscally irresponsible ator from Hawaii, although well-inten- am familiar, to require a passport for amendment. I am not proposing an in- tioned, are subject to a point of order, moving across that border is enor- crease in spending, simply a restora- and we will make a point of order at mously burdensome. I hope we will not tion of last year’s funding. the proper time. Much progress has been made since At this point, I yield to the Senator do that. the tragic attacks of September 11. We from North Dakota. The President, when asked about it, should not undo this progress. We must The PRESIDING OFFICER. The Sen- spoke to the American Society of build upon it. I ask my colleagues to ator from North Dakota. Newspaper Editors and said: When I consider carefully the needs of the first AMENDMENT NO. 1111 first read that in the newspaper, about responders in their communities, and I Mr. DORGAN. I ask unanimous con- the need to have passports particularly urge support for this important amend- sent that the pending amendment be for day crossing—he is talking about ment. set aside. the border—I said, what’s going on Mr. President, I ask unanimous con- The PRESIDING OFFICER. Without here? I thought there was a better way sent that Senators DAYTON and SALA- objection, it is so ordered. to expedite the whole flow of traffic ZAR be added as cosponsors to my Mr. DORGAN. Mr. President, I call and people. amendment. up amendment No. 1111 and ask for its I think the President is right, and I The PRESIDING OFFICER. Without immediate consideration. know that since the President said objection, it is so ordered. The PRESIDING OFFICER. The that, the folks in Homeland Security Mr. AKAKA. I yield back my time. clerk will report. have been reconsidering this issue, but Mr. GREGG. Mr. President, I under- The assistant legislative clerk read I am very worried that they still may stand the Senator from North Dakota as follows: proceed with their regulations at some

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15604 CONGRESSIONAL RECORD—SENATE July 12, 2005 point, and I hope this Congress would This is a balanced approach. I urge minutes of debate equally divided, to weigh in on the question of whether we my colleagues to vote for the Collins- be followed by a vote on the Feinstein think everyone who moves back and Lieberman amendment. amendment. forth across the Canadian border The ACTING PRESIDENT pro tem- Mrs. FEINSTEIN. Mr. President, de- should have a passport. I don’t believe pore. The time of the Senator has ex- spite this vote, I wish to make a point. the requirement for a passport is prac- pired. Who yields time? The administration has said in a letter tical. I think it is overly burdensome. I Mr. REID. Who has the time? dated today from Secretary Chertoff believe that we ought to send that mes- The ACTING PRESIDENT pro tem- that their position is that 90 percent of sage to the Department of Homeland pore. The Senator from California has homeland security funds should be dis- Security. time remaining. tributed on the basis of risk. The Sec- I am not suggesting we don’t care Mr. REID. I yield back the time. retary goes on to say that they have 36 about security. We do. We care deeply The ACTING PRESIDENT pro tem- essential capabilities they need to about border security. But there must pore. Without objection, it is so or- carry out, and the way to do that is be other ways in which we can accom- dered. based on risk. plish that task. And so my amendment The question is on agreeing to Here are the numbers: In the under- will address that. amendment No. 1142 offered by the Sen- lying appropriations bill, 70 percent is I thank my colleague from New ator from Maine. based on risk, $1.339 billion. Under Col- Hampshire for giving me the oppor- Mr. REID. I ask for the yeas and lins-Lieberman, less than 70 percent tunity, just a few minutes, to at least nays. goes to risk. It is cut back to 60 per- get the amendment offered, to be talk- The ACTING PRESIDENT pro tem- cent, $1.155 billion. Under the Fein- ing about it, and have it considered. pore. Is there a sufficient second? stein-Cornyn amendment, $1.667 billion With that, I yield the floor. There is a sufficient second. is based on risk, or 87 percent. It is the The clerk will call the roll. The ACTING PRESIDENT pro tem- closest number to the administration’s The assistant legislative clerk called pore. Under the previous order, there letter dealing with this issue. the roll. will now be 4 minutes evenly divided I have a very hard time substituting Mr. MCCONNELL. The following Sen- before votes in respect to the Collins pork for risk. I just was reading some ators were necessarily absent: the Sen- and Feinstein amendments. of the intelligence. Let there be no ator from Mississippi (Mr. LOTT), and The Senator from Maine is recog- doubt that not every State is equal in the Senator from South Dakota (Mr. nized. terms of target. We have set up a huge THUNE). AMENDMENT NO. 1142 Mr. DURBIN. I announce that the agency of 22 departments. We have Ms. COLLINS. Mr. President, during given them risk analysis. We have Senator from Maryland (Ms. MIKULSKI) the past 3 years, we have appropriated is necessarily absent. given them intelligence. We have bro- more than $8 billion in homeland secu- The ACTING PRESIDENT pro tem- ken down the wall between FBI and rity grants, despite the fact that this pore. Are there any other Senators in CIA. Why? Because there is a real program has never been properly au- the Chamber desiring to vote? threat, and money should be accorded thorized. The Homeland Security Com- The result was announced—yeas 71, based on that threat, not based on mittee has spent the last 3 years work- nays 26, as follows: pork. ing on an authorization bill. We have [Rollcall Vote No. 175 Leg.] The ACTING PRESIDENT pro tem- produced a carefully crafted, balanced pore. The Senator from Maine is recog- YEAS—71 bill that is incorporated in the Collins- nized. Lieberman amendment. Akaka DeMint McCain Ms. COLLINS. Mr. President, we all Alexander DeWine McConnell This debate is about establishing a Baucus Dodd Murkowski want more funding to be distributed on formula that provides a predictable Bayh Dole Murray risk. The Collins-Lieberman amend- level of funding scaled to reflect the Bennett Domenici Nelson (NE) ment which was just adopted more Biden different needs of large and small Dorgan Pryor than doubles the amount of money al- Bingaman Ensign Reed States that will allow all States to Bond Enzi Reid located based on risk. Risk is not a achieve essential preparedness and pre- Brownback Feingold Roberts science. We are giving unprecedented Bunning Frist vention capabilities. We break the Rockefeller authority to the Secretary of Home- Burns Graham Salazar mold that provides a set baseline Burr Grassley land Security, that there is no prece- Sessions amount to each State regardless of size Cantwell Hagel dent for in any grant program of this Shelby and needs. This debate is also about Carper Harkin size. Chafee Inhofe Smith distributing more funds based on risk. Chambliss Inouye Snowe The fact is, under the Feinstein-Cor- Let’s put this important issue in per- Coburn Isakson Specter nyn amendment, every State would spective. Compared to last year, our Cochran Jeffords Stabenow lose at least $8 million in guaranteed Stevens amendment would double the amount Coleman Johnson funding. Some States would lose tens Collins Kohl Sununu of funds distributed based on risk. Last Conrad Levin Talent of millions of dollars. Even taking into year only 37 percent of funds appro- Craig Lieberman Thomas account how funds have historically priated for homeland security grants Crapo Lincoln Voinovich been distributed based on risk, 43 were allocated based on risk. Under our Dayton Lugar Wyden States lose money under the Feinstein- amendment, more than 70 percent of NAYS—26 Cornyn amendment verses the Collins- the funds would be distributed based on Allard Gregg Martinez Lieberman amendment. We have to risk or factors used now by the Depart- Allen Hatch Nelson (FL) recognize that every State has ment of Homeland Security to deter- Boxer Hutchison Obama Byrd Kennedy Santorum vulnerabilities and needs to be brought mine risk. That is a lot of discretion Clinton Kerry Sarbanes up to a baseline ability to prepare and that we are giving to the Secretary. Cornyn Kyl Schumer prevent for terrorist attacks. The Col- I want to address the CRS memo so- Corzine Landrieu Vitter lins-Lieberman amendment was en- Durbin Lautenberg Warner licited by Senator LAUTENBERG that Feinstein Leahy dorsed by many law enforcement was discussed this morning. It has been NOT VOTING—3 groups that do not support this ap- used by our opponents to suggest that proach. only 60 percent is distributed based on Lott Mikulski Thune I urge opposition to the Feinstein- risk. In fact, it is more than 70 percent, The amendment (No. 1142) was agreed Cornyn amendment. as is the underlying bill. Tellingly, in a to. Mr. STEVENS. I ask for the yeas and memorandum issued just today, CRS AMENDMENT NO. 1215, AS MODIFIED yeas. categorizes the sliding scale allocation The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- as risk based. pore. There is now scheduled to be 2 pore. Is there a sufficient second?

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15605 There is a sufficient second. The amendments are as follows: VOTE EXPLANATION The question is on agreeing to AMENDMENT NO. 1216 Mr. NELSON of Florida. Mr. Presi- amendment No. 1215, as modified. The SEC. . STRENGTHENING SECURITY AT NUCLEAR dent, I would like to take this oppor- clerk will call the roll. POWER PLANTS. tunity to explain to the Senate my ab- The legislative clerk called the roll. (a) FINDINGS.—The Senate finds that— sence during yesterday’s vote on S. Mr. MCCONNELL. The following Sen- (1) A taped interview shown on al-Jazeera Res. 193, expressing sympathy for the ators were necessarily absent: the Sen- television on September 10, 2002, included a people of the United Kingdom. ator from Mississippi (Mr. LOTT), and statement that al Qaeda initially planned to On Sunday, the Florida panhandle the Senator from South Dakota (Mr. include a nuclear power plant in its 2001 attacks on the United States. was struck by Hurricane Dennis, a cat- THUNE). egory 3 storm. Last September, Hurri- Mr. DURBIN. I announce that the (2) In 2001, David Kyd of the International Atomic Energy Agency said that if a fully cane Ivan also hit the same area caus- Senator from Maryland (Ms. MIKULSKI) fueled large jetliner hit a nuclear reactor ing extensive damage from which many is necessarily absent. ‘‘then the containment could be breached had not yet fully recovered. I went to The PRESIDING OFFICER (Mr. ISAK- and the cooling system of the reactor could the area yesterday to survey the dam- SON). Are there any other Senators in be impaired to the point where radioactivity age and meet with constituents af- the Chamber desiring to vote? might well be set free.’’ fected by the disaster. I was able to The result was announced—yeas 32, (3) Dr. Edwin Lyman, a physicist and visit the emergency operations center nays 65, as follows: former scientific director of the Nuclear Control Institute has noted that if a nuclear in three of the counties affected by [Rollcall Vote No. 176 Leg.] Dennis. YEAS—32 power plant were hit by a large commercial passenger jet, ‘‘significant release of radi- Had I been present, I would have Allard Hutchison Nelson (FL) ation into the environment is a very real voted aye on the resolution. Because I Allen Inouye Obama one.’’ was unable to vote my strong support Boxer Kennedy Santorum (4) Operating nuclear reactors contain Cantwell Kerry Sarbanes for the resolution, I would like to ex- Clinton Kyl Schumer large amounts of radioactive fission products press my thoughts at this time. We as Coburn Landrieu Specter that, if dispersed, could pose a direct radi- Americans have close ties to Great Cornyn Lautenberg Stabenow ation hazard, contaminate soil and vegeta- Britain; and, extend to the British peo- Corzine Levin Vitter tion, and be ingested by humans and ani- Durbin Martinez ple our deepest sympathies as they Warner mals. Ensign McCain cope with their losses. In response to Wyden (5) According to the organization Three Feinstein Murray Mile Island Alert, a nuclear power plant these barbaric attacks, the United NAYS—65 houses more than 1,000 times the radiation States and the community of free na- Akaka Dayton Lieberman that would be released in an atomic bomb tions must unite with an even greater Alexander DeMint Lincoln blast, and the magnitude of a single terrorist resolve to defeat those who seek to de- Baucus DeWine Lugar attack on a nuclear power plant could cause stroy liberty by slaughtering innocent Bayh Dodd McConnell over 100,000 deaths. civilians. Bennett Dole Murkowski (6) The federal government has offered Biden Domenici Nelson (NE) f Bingaman Dorgan Governors potassium iodide pills to dis- Pryor tribute to people living near nuclear power HONORING LIEUTENANT GENERAL Bond Enzi Reed Brownback Feingold plants in case of an attack, but no legisla- Reid ROGER C. SCHULTZ Bunning Frist tion has passed to protect against an attack Roberts Burns Graham Mr. GRASSLEY. Mr. President, I Rockefeller in the first place. Burr Grassley (7) In the 108th Congress, the Senate Envi- would like to take this opportunity to Byrd Gregg Salazar offer my congratulations and gratitude Sessions ronment and Public Works Committee ap- Carper Hagel to an extraordinary Iowan. LTG Roger Chafee Harkin Shelby proved bipartisan legislation to improve nu- Chambliss Hatch Smith clear plant security. No action was taken by C. Schultz is stepping down from his Cochran Inhofe Snowe the full Senate. distinguished position as Director of Coleman Isakson Stevens (8) Last month, the Senate Environment the Army National Guard for the Na- Collins Jeffords Sununu and Public Works Committee again approved tional Guard Bureau. He assumed this Conrad Johnson Talent bipartisan legislation to improve nuclear position in 1998 and has served for 7 Craig Kohl Thomas plant security. Crapo Leahy Voinovich (b) SENSE OF THE SENATE.—It is the sense years, the longest anyone has held this NOT VOTING—3 of the Senate that the Congress should pass title. I would like to take this oppor- Lott Mikulski Thune legislation to assess terrorist threats at each tunity to show Lieutenant General nuclear power plant and to establish new fed- Schultz the appreciation that the coun- The amendment (No. 1215), as modi- eral standards to protect against those try, the State of Iowa, and myself per- fied, was rejected. threats. sonally, have for his extensive commit- Mr. DURBIN. Mr. President, it is my AMENDMENT NO. 1217 ment to the Army National Guard. He understanding that under an agree- (Purpose: To provide funding for interoper- joined the Iowa Army National Guard ment, the minority leader, Mr. REID, able communications equipment grants) in 1963, and from there he began a ca- may offer an amendment on behalf of On page 77, line 18, strike ‘‘$2,694,300,000’’ reer that lasted 42 years. Democratic Senators. I ask consent, on and insert ‘‘7,694,300,000’’. Lieutenant General Schultz has had his behalf, to send two amendments to On page 79, line 22, strike the colon and in- an extensive career. In his most recent the desk, one on behalf of Senator BAR- sert a period. position as director, he was responsible BARA BOXER and one from Senator On page 79, between lines 22 and 23, insert for the formulation, development, and DEBBIE STABENOW. the following: implementation of all programs and The PRESIDING OFFICER. Is there (7) $5,000,000,000 for interoperable communications equipment grants: Provided, That policies affecting the Army National objection? Without objection, it is so Guard. Previously, he served as Deputy ordered. such amount is designated as an emergency requirement pursuant to section 402 of H. Director for Military Support on the AMENDMENT NO. 1216 Con. Res. 95 (109th Congress): Department of the Army Staff, where Mr. DURBIN. I send an amendment f he was responsible for coordinating all to the desk. Department of Defense military sup- The PRESIDING OFFICER. The MORNING BUSINESS port to civilian authorities, which in- clerk will report. Mr. FRIST. Mr. President, I ask cluded disaster relief. While stationed The legislative clerk read as follows: unanimous consent there now be a pe- with the Iowa Army National Guard, The Senator from Illinois [Mr. DURBIN], for riod of morning business with Senators he was in Command of the 2nd Brigade, Mrs. BOXER, proposes an amendment numbered 1216. permitted to speak for up to 10 minutes 34th Division and served as the Army The Senator from Illinois [Mr. DURBIN], for each. Guard Chief of Staff and Deputy Adju- Ms. STABENOW, proposes an amendment num- The PRESIDING OFFICER. Without tant General. General Schultz also re- bered 1217. objection, it is so ordered. ceived several awards and recognitions

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15606 CONGRESSIONAL RECORD—SENATE July 12, 2005 for his exemplary service. He is hon- Joe McCutchen is also Georgia’s lead- would likely be supportive of the draft. If ored with the Distinguished Service ing advocate for lower taxes and sound that is true, that will pave the way for a ref- Medal, Silver Star, Legion of Merit fiscal policy in government. He and his erendum on the draft constitution on Octo- with Oak Leaf Cluster, Bronze Star, friend Oscar Poole travel to Wash- ber 15th and a national election on December 15th. Purple Heart with Oak Leaf Cluster, ington often to present their Taxpayer If this optimism is not borne out, however, Meritorious Service Medal with Two Champion Award, and there is not a a way must be found to bring pressure to Oak Leaf Clusters, Department of the credible radio or television public pol- bear on the parties to make the reasonable Army Staff Badge, Army Superior Unit icy call in show in the United States on compromises that will be required for agree- Award, Humanitarian Service Award, which Joe has not participated. ment on the constitution. Everyone whom I the Combat Infantry Badge for service Joe McCutchen has lived the Amer- met on this trip advised that none of the in the Republic of Vietnam, and many ican dream and commits his life to Iraqis—not just Shia and Kurd, but also others. sharing its promise with others. Geor- Sunni Arab—want U.S. forces to leave now. They want our forces to be less visible and General Schultz was born in LeMars, gia Tech is to be commended for its liv- IA and enlisted when he was 18 years Iraqi security forces to be more visible, but ing history program and its selection they want us to stay for now. old. He was a student at officer can- of Joe McCutchen.∑ Given that fact and given the consensus didate school at the Iowa Military f that a political solution is necessary if there Academy. Following these studies, he is any prospect of defeating the insurgency, was commissioned in 1967 as an infan- IRAQ TRIP REPORT we need to make clear to the Iraqis that if try officer. Shortly thereafter, he was ∑ Mr. LEVIN. Mr. President, during they are unable to reach agreement on the sent to serve his country in the Repub- the July 4th recess, I traveled to Iraq constitution, we will reconsider our presence lic of Vietnam with the 25th Infantry and Jordan to evaluate the progress of in Iraq and that all options will be on the Division. During his several assign- Operation Iraqi Freedom. I ask unani- table, including withdrawal. (The logic of ments, he also earned a bachelor’s de- that position is that if a political settlement mous consent that the full text of my is essential if there is a chance of lessening gree in management from Upper Iowa trip report be entered into the RECORD the insurgency, that without a political set- University and a Masters degree in at this point. tlement the insurgency is not going to be de- public administration from Shippens- I spent two days—July 5 and 6—in Iraq and feated even with our presence.) burg State University in Pennsylvania. the morning of July 7 in Jordan. I believe I focused on meeting with members of the He also attended Army War College. mine was the first Congressional delegation Sunni Arab community, as I believe they are I share my appreciation for the gen- to overnight in Iraq since the start of the the key to a successful political process in eral with not only his neighbors in the war. It was also my fifth post-war trip to Iraq. Most of them realize it was a mistake State of Iowa but the entire country. Iraq. for them not to have participated in the Jan- He has proven himself to be versatile In Iraq, I spent a day and a half in Baghdad uary elections and they want to participate in the drafting of a constitution and in the and fully capable of accepting and mas- meeting with U.S. Embassy and military personnel and with Members of the Govern- follow-on elections. At the same time, the tering the tasks placed before him. His ment of Iraq, including the President and so-called former regime element that is fuel- enduring commitment to the safety of Prime Minister. Additionally, I met with nu- ing the insurgency in an attempt to block a Americans is cause for admiration. merous Sunni Arabs, including officials of political settlement comes from the Sunni Again, I offer my congratulations the Government, a member of the Iraqi Na- Arab community, and too many members of and sincere appreciation to LTG Roger tional Assembly, and representatives of po- that community sympathize with and pro- Schultz for his remarkable achieve- litical groups, including some who had just vide support for the insurgents. ments in the Army National Guard. He been added to the Assembly’s constitutional There are a number of issues that will need has continually provided an invaluable drafting committee. I also met with the to be resolved if a draft constitution is to be agreed upon by August 15th. These include service to his country and I thank him Chairman of the constitutional drafting committee and the UN Special Representa- the role of Islam; the form of the govern- for his dedication and devotion to Iowa tive, whose staff is advising on the drafting ment (i.e. parliamentary or presidential); the and to America. of the constitution. relationship between the national govern- f I spent the remainder of the second day in ment and the provinces and the degree to Iraq in Fallujah in the Sunni Triangle, where which natural resources will belong to the ADDITIONAL STATEMENTS I was able to meet with a number of U.S. provinces or the national government; and servicemen and women, and was privileged the degree of autonomy that will reside in to have dinner with ten Marine Corps and the regions. Since the oil resources of Iraq COMMENDING JOE KELLY Navy personnel from Michigan. are located in the Shia south and the Kurd- MCCUTCHEN Once again, I was deeply impressed by the ish north, these are issues that are ex- ∑ Mr. ISAKSON. Mr. President, I am dedication and professionalism of our serv- tremely important to the Sunni Arabs, very pleased to rise and commend Mr. icemen and women and with their very high whose area lacks oil resources. Joe Kelly McCutchen of Ellijay GA for morale. I told them that the Congress and The decision of the National Assembly to accept 15 Sunni Arabs as members of the his selection as outstanding alumni for the American people are proud of them and back them one hundred percent, regardless constitutional drafting committee, despite the living history program of Georgia of differing positions on the Administra- the Sunni Arabs lack of participation in the Tech. tion’s policies. election, hopefully augurs well for the kind Georgia Tech could not have made a One purpose of my trip was to gauge the of compromises that will need to be made by better decision. Joe McCutchen is a liv- level of the insurgency. I found strong sup- all three of the main political factions for a ing role model for community involve- port for the recent assessment of General draft constitution to be reached. ment, excellence in action, and sharing Abizaid, the regional U.S. Commander, that Although the successful drafting of a con- the American dream. His selection the insurgency is not weakening and that stitution, with the active participation of places him in the company of great the flow of foreign jihadists into Iraq has in- the Sunni Arab community, is very impor- creased. I found no support for Vice Presi- tant and may help create an environment Georgians like medal of honor winner dent Cheney’s view that the insurgency is in within which the insurgency can be dramati- General Raymond Davis, former Presi- its ‘‘last throes.’’ cally reduced, it will not automatically dent Jimmy Carter, astronaut Jan Another purpose of my trip was to assess achieve that result. The Sunni Arabs with Davis, former Lockheed president Rob- the current and potential level of participa- whom we met, although from different ert Ormsby, and Federal judge Marvin tion of the Sunni Arabs in the political and groups, complained of the extended deten- Shoob. constitutional drafting processes, including tion of their brethren, the perceived focus of No one in northwest Georgia has had the likelihood that the Iraqi constitution raids by Coalition and Iraqi security forces a greater positive effect on the young would be completed by August 15th (and on their community, the forced unemploy- people than Joe. He constantly engages therefore not needing to utilize the one six ment of hundreds of thousands of Sunni month extension allowed under Iraqi law). I Arabs fired in the de-Baathification process with young people to inspire them to was surprised by the optimism of most Iraqis and denied the pensions to which they con- excellence. He teaches the promise of that the constitution would be agreed by Au- tributed. They expressed a preference for the free enterprise, and power of the Amer- gust 15th and particularly that the Sunni U.S. military to leave the cities and to lo- ican dream. Arab participants (recently increased by 15) cate on bases removed from populated areas,

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15607 and the need for at least a rough estimate as reach those benchmarks. Only in this way formed an alliance for the creation of to when Coalition forces will be withdrawn. can we know the approximate number of the John H. Johnson Delta Cultural I explored in depth the training and equip- Iraqi units that need to be capable of coun- and Entrepreneurial Learning Center. ping of Iraqi security forces. It is clear that terinsurgency operations so that coalition The Cultural and Entrepreneurial a great deal of time was wasted during the units can first withdraw from cities and existence of the Coalition Provisional Au- other visible locations and begin a with- Learning Center will provide accom- thority or CPA. While it appears that drawal from the country as a whole. modations in Arkansas City for class- progress is being made now, it is moving It is essential that such a plan be promptly room and educational activities that slowly and will take quite some time before agreed to and implemented, and its outline originate at the University of Arkansas Iraqis will be capable of dealing with the in- publicly announced, so as to provide reassur- at Pine Bluff. surgency on their own. ance to the American public which is ex- On Saturday, May 21, 2005, the John In his recent speech to the nation on Iraq, pressing growing concern about simply being H. Johnson Cultural and Education President Bush said, with respect to the told we need to ‘‘stay the course’’ in Iraq, Museum was dedicated in Johnson’s training and equipping of Iraqi security and to the Iraqi public which needs to see forces, that ‘‘as Iraqis stand up, we will that U.S. forces will not be in their country hometown. Using materials from the stand down.’’ General Casey, the overall indefinitely. Both publics must see that the original, the museum was constructed commander on the ground in Iraq, acknowl- President’s statement that ‘‘as the Iraqis as a replica of Johnson’s boyhood edged to me that he is working on a plan stand up, we will stand down’’ is not just a home. It will now provide valuable in- whereby units of the Iraqi security forces bumper sticker slogan. sight into his life and origin while would first partner with Coalition military Secretary Rice has said that we will be in bringing tourism dollars to his native units and gradually take the lead in military Iraq as long as we are needed. Without home of Arkansas City and the sur- operations, then will assume control in se- adopting and implementing a measured and rounding area. His life is an inspira- lected provinces, and gradually assume con- credible plan, coalition forces could be trol more broadly until they ultimately can ‘‘needed’’ for an indeterminate time. With- tional American story where, rising control the entire country. Part of that plan out such a plan, Iraqis may never assume the from poverty with a strong sense of provides for Coalition forces to be reduced as responsibility for taking back their country self, he overcame adversity and became Iraqi security forces become more and more from the insurgents and taking the risks and one of the country’s most successful capable. making the compromises necessary to chart entrepreneurs. I am grateful to have I also spoke to General Casey and to Iraqi their own destiny. been a part of this magnificent event officials about the need for greater progress Finally, while I was surprised by the high and honored to have Mr. John H. John- in the review of Iraqis detained by Coalition level of optimism about the August 15 date son at the top of the list of notable Ar- or Iraqi forces and the need to either release being met for agreement on a draft Iraqi con- ∑ or try them. While some progress has been stitution, I was given a sobering assessment kansans and Americans. made in this area, it has been too slow in about the current and future strength of the f coming and much more must be done and insurgency. done quickly. Even if the timetable for adopting a con- IBM BOULDER’S 40TH In Jordan, I was pleased to be able to meet stitution is met, and even if a plan is agreed ANNIVERSARY with King Abdullah. King Abdullah had just upon for phasing in capable Iraqi military ∑ Mr. SALAZAR. Mr. President, I ask finished presiding over the closing session of forces to take over responsibility for secu- that this letter be printed in the a three day International Islamic Conference rity so U.S. forces in Iraq can simulta- that he had organized. This visionary and neously be reduced, there is still great uncer- RECORD. critically important Conference was at- tainty that the insurgency will be elimi- The letter follows: tended by top Muslim authorities from nated or lessened in the near term. U.S. SENATE, around the globe. It was aimed at finding But, while taking those steps doesn’t guar- Washington, DC, June 30, 2005. common principles among various Muslim antee success, they could help change the dy- IBM BOULDER, schools of thought and isolating and namic in Iraq and provide the only way a Diagonal Highway, deligitimatizing those who preach violence poorly thought through and mistake ridden Boulder, CO. in the name of Islam. U.S. policy in Iraq can still reach a success- DEAR FRIENDS, It is with great pleasure Two things need to happen within the next ful conclusion.∑ that I am able to share in your celebration of 40 days to improve chances of a successful IBM Boulder’s 40th Anniversary here at this outcome in Iraq. f majestic site next to the Rocky Mountains. A draft of the Iraqi constitution needs to TRIBUTE TO JOHN H. JOHNSON IBM’s commitment to this facility, and to be agreed and sent to the National Assembly ∑ the region, serves as a testament to its cen- by the constitutional committee no later Mrs. LINCOLN. Mr. President, I tral role in the development of the tech- than August 15—the timetable the Iraqis rise today to pay tribute to a renowned nology industry here in Colorado. have set for themselves. All of the people publisher, entrepreneur, businessman, When IBM Boulder was founded in 1965, with whom I spoke—whether Sunni, Shia, or humanitarian and an outstanding Ar- this region was still mostly agricultural. By Kurd—agree that that date should and can be kansan, Mr. John Harold Johnson. choosing to locate amongst undisturbed open met. John H. Johnson, a native of Arkan- space and farmland, IBM demonstrated a There also needs to be a more detailed road sas City, AR, was born on January 19, bold vision for the symbiotic potential of the map for drawing down U.S. forces. General 1918, to Leroy and Gertrude Johnson. technology industry with the natural beauty Casey, commander of the multi-national of our State. I also respect and admire how forces in Iraq, has said that it should be pos- Over 60 years ago, John H. Johnson the workers at this facility have survived sible for a fairly significant reduction in U.S. founded and became owner of the larg- the ebb and flow of the industry over the force levels in the first few months of next est black-owned publishing company in past 40 years. They have shifted from manu- year. But what is so far missing are the deci- the world, Johnson Publishing Com- facturing computer parts in the early years sion criteria for determining when that re- pany, Inc., located in Chicago, IL. to housing and supporting 20 different IBM duction can begin so that presidential rhet- From this company, the Negro Digest, divisions that now develop printing systems, oric and statements of intent are turned into Ebony, Jet and other magazines and design engineering, software and global serv- a credible and reassuring roadmap for Iraqis periodicals were created. Ebony and ices. And IBM’s commitment to the commu- taking ownership of the risks and responsi- nity through the annual Employee Chari- bility for their own security and survival. Jet magazines enabled Johnson to have table Contribution Campaign has left a last- After much prodding by Congress, the Ad- an impact on Civil Rights in America, ing mark on local health and human service ministration has finally created and imple- Entertainment, Sports and the Na- agencies that sets a tone for others to emu- mented a capability assessment system for tion’s culture as a whole. These two late. determining the readiness of Iraqi military magazines continue to successfully re- Thank you for the honor of joining in your and police units to conduct counter-insur- flect and comment on the African- anniversary celebration. As your newest gency operations—whether alongside of Coa- American experience. Johnson has also United States Senator, I am proud of the lition units, or in the lead but with Coalition enjoyed success in the cosmetic indus- rich economic diversity of our State. You support, or independently. Now there must should be proud of your significant contribu- be a detailed plan, mutually agreed to by the try with the establishment of Fashion tions to the region and to Colorado. Coalition and Iraqis, with measurable bench- Fair Cosmetics. Sincerely, marks to determine progress, and with a rea- In 1999, the University of Arkansas at KEN SALAZAR, sonable estimate of the time required to Pine Bluff and Arkansas City, AR, U.S. Senator.∑

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15608 CONGRESSIONAL RECORD—SENATE July 12, 2005 MESSAGES FROM THE PRESIDENT EC–2899. A communication from the Ad- National Marine Fisheries Service, Depart- ministrator, National Aeronautics and Space ment of Commerce, transmitting, pursuant Messages from the President of the Administration, transmitting, the report of to law, the report of a rule entitled ‘‘Magnu- United States were communicated to proposed legislation ‘‘To authorize appro- son-Stevens Act Provisions; Foreign Fishing; the Senate by Ms. Evans, one of his priations to the National Aeronautics and Fisheries Off West Coast States and in the secretaries. Space Administration for science, aero- Western Pacific; Pacific Coast Groundfish nautics, and exploration; space flight capa- f Fishery; Biennial Specifications; Pacific bilities; and Inspector General, and for other Whiting’’ (RIN0648–AS27) received on June EXECUTIVE MESSAGES REFERRED purposes’’ received on June 27, 2005; to the 23, 2005; to the Committee on Commerce, Committee on Commerce, Science, and As in executive session the PRE- Science, and Transportation. Transportation. EC–2909. A communication from the Dep- SIDING OFFICER laid before the Sen- EC–2900. A communication from the Direc- uty Assistant Administrator for Regulatory ate messages from the President of the tor, National Oceanic and Atmospheric Ad- Programs, National Marine Fisheries Serv- United States submitting sundry nomi- ministration, Department of Commerce, ice, Department of Commerce, transmitting, nations which were referred to the ap- transmitting, pursuant to law, a report enti- pursuant to law, the report of a rule entitled propriate committees. tled ‘‘Federal Assistance for Interjurisdic- ‘‘Fisheries Off West Coast States and in the (The nominations received today are tional and Anadromous Fisheries Program Western Pacific; Western Pacific Pelagic Report 2003–2004’’; to the Committee on Com- Fisheries; American Samoa Longline Lim- printed at the end of the Senate pro- merce, Science, and Transportation. ceedings.) ited Entry Program’’ ((RIN0648–AQ92) (I.D. EC–2901. A communication from the Sec- No. 061704A)) received on June 27, 2005; to the f retary of Commerce, transmitting, pursuant Committee on Commerce, Science, and to law, a report entitled ‘‘Science, Service, MESSAGE FROM THE HOUSE Transportation. and Stewardship in Chesapeake Bay: A Bien- EC–2910. A communication from the Acting At 2:19 p.m., a message from the nial Report to Congress’’; to the Committee Director, Office of Sustainable Fisheries, Na- on Commerce, Science, and Transportation. tional Marine Fisheries Service, Department House of Representatives, delivered by EC–2902. A communication from the Acting Ms. Niland, one of its reading clerks, of Commerce, transmitting, pursuant to law, White House Liaison, Department of Com- the report of a rule entitled ‘‘Fisheries of the announced that the House has passed merce, transmitting, pursuant to law, the re- the following concurrent resolution, in Caribbean, Gulf of Mexico, and South Atlan- port of a vacancy in the position of Director, tic; Reef Fish Fishery of the Gulf of Mexico; which it requests the concurrence of NIST, the designation of an Acting Director, Trip Limit Reduction for Gulf of Mexico the Senate: and the name of a nominee to fill the va- Grouper Fishery’’ ((RIN0648–AS97) (I.D. No. H. Con. Res. 168. Concurrent resolution cancy; to the Committee on Commerce, 053105G)) received on June 23, 2005; to the condemning the Democratic People’s Repub- Science, and Transportation. Committee on Commerce, Science, and EC–2903. A communication from the Acting lic of Korea for the abductions and continued Transportation. White House Liaison, Department of Com- captivity of citizens of the Republic of Korea EC–2911. A communication from the Acting merce, transmitting, pursuant to law, the re- and Japan as acts of terrorism and gross vio- Director, Office of Sustainable Fisheries, Na- port of a vacancy in the position of Assistant lations of human rights. tional Marine Fisheries Service, Department Secretary and Director General, the designa- of Commerce, transmitting, pursuant to law, f tion of an Acting Assistant Secretary, and the report of a rule entitled ‘‘Reef Fish Fish- the name of a nominee to fill the vacancy; to ery of the Gulf of Mexico; Closure of the 2005 MEASURES REFERRED the Committee on Commerce, Science, and Deep-Water Grouper Commercial Fishery’’ Transportation. The following concurrent resolution (I.D. No. 060705B) received on June 27, 2005; to was read, and referred as indicated: EC–2904. A communication from the Acting White House Liaison, Department of Com- the Committee on Commerce, Science, and H. Con. Res. 168. Concurrent resolution merce, transmitting, pursuant to law, the re- Transportation. condemning the Democratic People’s Repub- port of a vacancy in the position of General EC–2912. A communication from the Direc- lic of Korea for the abductions and continued Counsel, the designation of an Acting Gen- tor, Office of Sustainable Fisheries, National captivity of citizens of the Republic of Korea eral Counsel, and the name of a nominee to Marine Fisheries Service, Department of and Japan as acts of terrorism and gross vio- fill the vacancy; to the Committee on Com- Commerce, transmitting, pursuant to law, lations of human rights; to the Committee merce, Science, and Transportation. the report of a rule entitled ‘‘Atlantic Highly on Foreign Relations. EC–2905. A communication from the Dep- Migratory Species; Atlantic Bluefin Tuna f uty Assistant Administrator for Regulatory Fisheries; Adjustment of Retention Limits’’ Programs, National Marine Fisheries Serv- (I.D. No. 052405D) received on June 27, 2005; to MEASURES PLACED ON THE ice, Department of Commerce, transmitting, the Committee on Commerce, Science, and CALENDAR pursuant to law, the report of a rule entitled Transportation. EC–2913. A communication from the Assist- The following bills were read the first ‘‘Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the ant Administrator for Fisheries, Office of and second times by unanimous con- Sustainable Fisheries, National Marine Fish- sent, and placed on the calendar: Gulf of Mexico; Vermilion Snapper Rebuild- ing Plan’’ ((RIN0648–AS19) (I.D. No. 021705A)) eries Service, Department of Commerce, S. 1374. A bill to amend the Homeland Se- received on June 23, 2005; to the Committee transmitting, pursuant to law, the report of curity Act of 2002 to provide for a border pre- on Commerce, Science, and Transportation. a rule entitled ‘‘Final Rule, Correcting paredness pilot program on Indian land. EC–2906. A communication from the Dep- Amendment to the Regulations Governing S. 1375. A bill to amend the Indian Arts and uty Assistant Administrator for Regulatory the Bering Sea and Aleutian Islands Crab Crafts Act of 1990 to modify provisions relat- Programs, National Marine Fisheries Serv- Fisheries’’ (RIN0648–AS47) received on June ing to criminal proceedings and civil actions, ice, Department of Commerce, transmitting, 27, 2005; to the Committee on Commerce, and for other purposes. pursuant to law, the report of a rule entitled Science, and Transportation. EC–2914. A communication from the Sec- f ‘‘Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleu- retary of Transportation transmitting, the MEASURES READ THE FIRST TIME tian Islands King and Tanner Crab Fishery report of a proposed bill entitled ‘‘The St. Resources; Final Rule’’ (RIN0648–AS47) re- Lawrence Seaway Development Corporation The following bill was read the first Enhancement Act’’ received on June 28, 2005; time: ceived on June 27, 2005; to the Committee on Commerce, Science, and Transportation. to the Committee on Commerce, Science, S. 1382. A bill to require the Secretary of EC–2907. A communication from the Dep- and Transportation. the Interior to accept the conveyance of cer- uty Assistant Administrator for Regulatory EC–2915. A communication from the Acting tain land, to be held in trust for the benefit Programs, National Marine Fisheries Serv- Chief Counsel, Saint Lawrence Seaway De- of the Puyallup Indian tribe. ice, Department of Commerce, transmitting, velopment Corporation, Department of f pursuant to law, the report of a rule entitled Transportation, transmitting, pursuant to ‘‘Atlantic Highly Migratory Species; Atlan- law, the report of a rule entitled ‘‘Tariff of EXECUTIVE AND OTHER tic Bluefin Tuna Quota Specifications and Tolls’’ (RIN2135–AA21) received on June 27, COMMUNICATIONS General Category Effort Controls’’ 2005; to the Committee on Commerce, Science, and Transportation. The following communications were ((RIN0648–AT01) (I.D. No. 030405C)) received on June 27, 2005; to the Committee on Com- EC–2916. A communication from the Sec- laid before the Senate, together with merce, Science, and Transportation. retary of the Federal Trade Commission, accompanying papers, reports, and doc- EC–2908. A communication from the Dep- transmitting, pursuant to law, the report of uments, and were referred as indicated: uty Assistant Administrator for Operations, a rule entitled ‘‘Rule Concerning Disclosures

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Regarding Energy Consumption and Water By Mr. FEINGOLD (for himself, Mr. LIEBERMAN) was added as a cosponsor Use of Certain Home Appliances and Other KENNEDY, and Ms. LANDRIEU): of S. 375, a bill to amend the Public Products Required Under the Energy Policy S. 1385. A bill to amend part A of title IV Health Service Act to provide for an in- of the Social Security Act to ensure fair and Conservation Act (‘APPLIANCE LABEL- fluenza vaccine awareness campaign, ING RULE’) (Energy Cost and Water Heater treatment and due process protections under Ranges—2005)’’ (RIN3084–AA74) received on the temporary assistance to needy families ensure a sufficient influenza vaccine June 28, 2005; to the Committee on Com- program, to facilitate enhanced data collec- supply, and prepare for an influenza merce, Science, and Transportation. tion and reporting requirements under that pandemic or epidemic, to amend the EC–2917. A communication from the Attor- program, and for other purposes; to the Com- Internal Revenue Code of 1986 to en- ney Advisor, Federal Railroad Administra- mittee on Finance. courage vaccine production capacity, tion, Department of Transportation, trans- f and for other purposes. mitting, pursuant to law, the report of the S. 392 discontinuation of service in the acting role SUBMISSION OF CONCURRENT AND of Administrator received on June 23, 2005; to SENATE RESOLUTIONS At the request of Mr. LEVIN, the the Committee on Commerce, Science, and The following concurrent resolutions names of the Senator from Illinois (Mr. Transportation. and Senate resolutions were read, and DURBIN) and the Senator from New EC–2918. A communication from the Attor- referred (or acted upon), as indicated: Mexico (Mr. BINGAMAN) were added as ney Advisor, Research and Innovative Tech- cosponsors of S. 392, a bill to authorize By Mr. BOND (for himself and Ms. nology Administration (RITA), Department the President to award a gold medal on of Transportation, transmitting, pursuant to MURKOWSKI): law, the report of a vacancy and a nomina- S. Res. 196. A resolution welcoming the behalf of Congress, collectively, to the tion for the new position of Administrator; Prime Minister of Singapore on the occasion Tuskegee Airmen in recognition of to the Committee on Commerce, Science, of his visit to the United States, expressing their unique military record, which in- and Transportation. gratitude to the Government of Singapore spired revolutionary reform in the EC–2919. A communication from the Attor- for its strong cooperation with the United Armed Forces. States in the campaign against terrorism, ney Advisor, Bureau of Transportation Sta- S. 484 tistics, Department of Transportation, trans- and reaffirming the commitment of the mitting, pursuant to law, a change in pre- United States to the continued expansion of At the request of Mr. WARNER, the viously submitted reported information rel- friendship and cooperation between the name of the Senator from Arizona (Mr. ative to a vacancy in the position of Direc- United States and Singapore; considered and MCCAIN) was added as a cosponsor of S. tor, received on June 23, 2004; to the Com- agreed to. 484, a bill to amend the Internal Rev- mittee on Commerce Science, and Transpor- f enue Code of 1986 to allow Federal citation. ADDITIONAL COSPONSORS vilian and military retirees to pay f health insurance premiums on a pretax S. 146 REPORTS OF COMMITTEES basis and to allow a deduction for At the request of Mr. INOUYE, the TRICARE supplemental premiums. The following reports of committees name of the Senator from California S. 627 were submitted: (Mrs. FEINSTEIN) was added as a co- At the request of Mr. HATCH, the By Mr. GRASSLEY, from the Committee sponsor of S. 146, a bill to amend title on Finance, without amendment: 38, United States Code, to deem certain names of the Senator from Virginia S.J. Res. 18. A joint resolution approving service in the organized military forces (Mr. WARNER) and the Senator from the renewal of import restrictions contained of the Government of the Common- California (Mrs. FEINSTEIN) were added in the Burmese Freedom and Democracy Act wealth of the Philippines and the Phil- as cosponsors of S. 627, a bill to amend of 2003 (Rept. No. 109–101). ippine Scouts to have been active serv- the Internal Revenue Code of 1986 to f ice for purposes of benefits under pro- permanently extend the research credit, to increase the rates of the alter- INTRODUCTION OF BILLS AND grams administered by the Secretary of Veterans Affairs. native incremental credit, and to pro- JOINT RESOLUTIONS vide an alternative simplified credit for S. 151 The following bills and joint resolu- qualified research expenses. tions were introduced, read the first At the request of Mr. COLEMAN, the name of the Senator from New Jersey S. 629 and second times by unanimous con- At the request of Mr. SESSIONS, the sent, and referred as indicated: (Mr. LAUTENBERG) was added as a cosponsor of S. 151, a bill to amend title names of the Senator from North Caro- By Mr. CORZINE: 38, United States Code, to require an lina (Mrs. DOLE) and the Senator from S. 1381. A bill to require the Nuclear Regu- annual plan on outreach activities of Ohio (Mr. DEWINE) were added as co- latory Commission to consider certain cri- sponsors of S. 629, a bill to amend chap- teria in relicensing nuclear facilities, and to the Department of Veterans Affairs. provide for an independent assessment of the S. 313 ter 97 of title 18, United States Code, Oyster Creek Nuclear Generating Station by At the request of Mr. LUGAR, the relating to protecting against attacks the National Academy of Sciences before any names of the Senator from North Da- on railroads and other mass transpor- relicensing of that facility; to the Com- kota (Mr. DORGAN), the Senator from tation systems. mittee on Environment and Public Works. Florida (Mr. NELSON), the Senator from S. 635 By Ms. CANTWELL (for herself and EINGOLD At the request of Mr. SANTORUM, the Mr. DORGAN): Wisconsin (Mr. F ) and the Sen- S. 1382. A bill to require the Secretary of ator from New Mexico (Mr. BINGAMAN) name of the Senator from Massachu- the Interior to accept the conveyance of cer- were added as cosponsors of S. 313, a setts (Mr. KERRY) was added as a co- tain land, to be held in trust for the benefit bill to improve authorities to address sponsor of S. 635, a bill to amend title of the Puyallup Indian tribe; read the first urgent nonproliferation crises and XVIII of the Social Security Act to im- time. United States nonproliferation oper- prove the benefits under the medicare By Mr. COLEMAN (for himself and Mr. ations. program for beneficiaries with kidney LUGAR): disease, and for other purposes. S. 1383. A bill to seek urgent and essential S. 350 institutional reform at the United Nations; At the request of Mrs. MURRAY, her S. 647 to the Committee on Foreign Relations. name was added as a cosponsor of S. At the request of Mrs. LINCOLN, the By Mr. SCHUMER: 350, a bill to amend the Foreign Assist- name of the Senator from North Da- S. 1384. A bill to amend the Higher Edu- ance Act of 1961 to provide assistance kota (Mr. DORGAN) was added as a co- cation Act of 1965 to establish a demonstra- for orphans and other vulnerable chil- sponsor of S. 647, a bill to amend title tion program to support college and univer- dren in developing countries, and for XVIII of the Social Security Act to au- sity communities that wish to expand their other purposes. book store services and saving for students thorize physical therapists to evaluate through the creation of course material rent- S. 375 and treat medicare beneficiaries with- al programs; to the Committee on Health, At the request of Mr. BAYH, the name out a requirement for a physician re- Education, Labor, and Pensions. of the Senator from Connecticut (Mr. ferral, and for other purposes.

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S. 658 (Mr. KOHL) was added as a cosponsor of by reducing emissions from diesel en- At the request of Mr. BROWNBACK, the S. 1060, a bill to amend the Internal gines. name of the Senator from Oklahoma Revenue Code of 1986 to allow a credit S. 1287 (Mr. COBURN) was added as a cosponsor against income tax for the purchase of At the request of Mr. COLEMAN, the of S. 658, a bill to amend the Public hearing aids. name of the Senator from Alaska (Mr. Health Service Act to prohibit human S. 1062 STEVENS) was added as a cosponsor of cloning. At the request of Mr. KENNEDY, the S. 1287, a bill to amend the definition of S. 666 name of the Senator from California independent student for purposes of the At the request of Mr. DEWINE, the (Mrs. FEINSTEIN) was added as a co- need analysis in the Higher Education name of the Senator from New Jersey sponsor of S. 1062, a bill to amend the Act of 1965 to include older adopted (Mr. CORZINE) was added as a cosponsor Fair Labor Standards Act of 1938 to students. of S. 666, a bill to protect the public provide for an increase in the Federal S. 1313 health by providing the Food and Drug minimum wage. Administration with certain authority At the request of Mr. CORNYN, the S. 1076 to regulate tobacco products. name of the Senator from Oklahoma At the request of Mr. JOHNSON, his (Mr. COBURN) was added as a cosponsor S. 770 name was added as a cosponsor of S. of S. 1313, a bill to protect homes, At the request of Mr. LEVIN, the 1076, a bill to amend the Internal Rev- small businesses, and other private name of the Senator from Illinois (Mr. enue Code of 1986 to extend the excise property rights, by limiting the power OBAMA) was added as a cosponsor of S. 770, a bill to amend the Nonindigenous tax and income tax credits for the proof eminent domain. Aquatic Nuisance Prevention and Con- duction of biodiesel. S. 1320 trol Act of 1990 to reauthorize and im- S. 1110 At the request of Mr. DEWINE, the prove that Act. At the request of Mr. ALLEN, the name of the Senator from New Hamp- S. 772 name of the Senator from Florida (Mr. shire (Mr. SUNUNU) was added as a co- At the request of Mr. CORNYN, the MARTINEZ) was added as a cosponsor of sponsor of S. 1320, a bill to provide mul- name of the Senator from Alaska (Ms. S. 1110, a bill to amend the Federal tilateral debt cancellation for Heavily MURKOWSKI) was added as a cosponsor Hazardous Substances Act to require Indebted Poor Countries, and for other of S. 772, a bill to amend the Internal engine coolant and antifreeze to con- purposes. Revenue Code of 1986 to expand work- tain a bittering agent in order to S. 1343 place health incentives by equalizing render the coolant or antifreeze At the request of Ms. LANDRIEU, the the tax consequences of employee ath- unpalatable. names of the Senator from Indiana letic facility use. S. 1112 (Mr. BAYH), the Senator from South S. 843 At the request of Mr. GRASSLEY, the Dakota (Mr. JOHNSON), the Senator At the request of Mr. SANTORUM, the name of the Senator from Georgia (Mr. from Massachusetts (Mr. KERRY) and name of the Senator from South Da- CHAMBLISS) was added as a cosponsor of the Senator from Michigan (Mr. LEVIN) kota (Mr. JOHNSON) was added as a co- S. 1112, a bill to make permanent the were added as cosponsors of S. 1343, a sponsor of S. 843, a bill to amend the enhanced educational savings provi- bill to support the establishment or ex- Public Health Service Act to combat sions for qualified tuition programs en- pansion and operation of programs autism through research, screening, acted as part of the Economic Growth using a network of public and private intervention and education. and Tax Relief Reconciliation Act of community entities to provide men- S. 1014 2001. toring for children in foster care. At the request of Ms. SNOWE, the S. 1197 S. 1366 name of the Senator from Virginia (Mr. At the request of Mr. BIDEN, the At the request of Mr. DORGAN, the ALLEN) was added as a cosponsor of S. name of the Senator from Maine (Ms. name of the Senator from Oregon (Mr. 1014, a bill to provide additional relief SNOWE) was added as a cosponsor of S. WYDEN) was added as a cosponsor of S. for small business owners ordered to 1197, a bill to reauthorize the Violence 1366, a bill to amend the Internal Rev- active duty as members of reserve com- Against Women Act of 1994. enue Code of 1986 to allow tax-free dis- ponents of the Armed Forces, and for S. 1224 tributions from individual retirement other purposes. At the request of Mrs. BOXER, the accounts for charitable purposes. S. 1035 name of the Senator from Connecticut S. 1374 At the request of Mr. INHOFE, the (Mr. DODD) was added as a cosponsor of At the request of Mr. MCCAIN, the name of the Senator from Montana S. 1224, a bill to protect the oceans, and name of the Senator from Arizona (Mr. (Mr. BAUCUS) was added as a cosponsor for other purposes. KYL) was added as a cosponsor of S. of S. 1035, a bill to authorize the pres- 1374, a bill to amend the Homeland Se- entation of commemorative medals on S. 1239 curity Act of 2002 to provide for a bor- behalf of Congress to Native Americans At the request of Mr. MCCAIN, the der preparedness pilot program on In- who served as Code Talkers during for- name of the Senator from South Da- dian land. eign conflicts in which the United kota (Mr. JOHNSON) was added as a co- States was involved during the 20th sponsor of S. 1239, a bill to amend the S.J. RES. 19 century in recognition of the service of Indian Health Care Improvement Act At the request of Mr. BROWNBACK, the those Native Americans to the United to permit the Indian Health Service, an names of the Senator from Minnesota States. Indian tribe, a tribal organization, or (Mr. COLEMAN) and the Senator from S. 1047 an urban Indian organization to pay Indiana (Mr. BAYH) were added as co- At the request of Mr. HAGEL, his the monthly part D premium of eligi- sponsors of S.J. Res. 19, a joint resolu- name was added as a cosponsor of S. ble medicare beneficiaries. tion calling upon the President to issue 1047, a bill to require the Secretary of S. 1265 a proclamation recognizing the 30th the Treasury to mint coins in com- At the request of Mr. VOINOVICH, the anniversary of the Helsinki Final Act. memoration of each of the Nation’s names of the Senator from South Caro- AMENDMENT NO. 1106 past Presidents and their spouses, re- lina (Mr. DEMINT) and the Senator At the request of Mrs. CLINTON, the spectively to improve circulation of from Rhode Island (Mr. CHAFEE) were name of the Senator from Connecticut the $1 coin, to create a new bullion added as cosponsors of S. 1265, a bill to (Mr. LIEBERMAN) was added as a co- coin, and for other purposes. make grants and loans available to sponsor of amendment No. 1106 in- S. 1060 States and other organizations to tended to be proposed to H.R. 2360, a At the request of Mr. COLEMAN, the strengthen the economy, public health, bill making appropriations for the De- name of the Senator from Wisconsin and environment of the United States partment of Homeland Security for the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15611 fiscal year ending September 30, 2006, propriations for the Department of amendment No. 1162 proposed to H.R. and for other purposes. Homeland Security for the fiscal year 2360, supra. AMENDMENT NO. 1112 ending September 30, 2006, and for AMENDMENT NO. 1200 At the request of Mr. AKAKA, the other purposes. At the request of Mr. BYRD, the names of the Senator from Minnesota AMENDMENT NO. 1146 names of the Senator from Massachu- (Mr. DAYTON) and the Senator from At the request of Mr. BUNNING, the setts (Mr. KENNEDY), the Senator from Colorado (Mr. SALAZAR) were added as name of the Senator from Oklahoma Ohio (Mr. DEWINE), the Senator from cosponsors of amendment No. 1112 pro- (Mr. INHOFE) was added as a cosponsor New Jersey (Mr. CORZINE), the Senator posed to H.R. 2360, a bill making appro- of amendment No. 1146 intended to be from Connecticut (Mr. DODD), the Sen- priations for the Department of Home- proposed to H.R. 2360, a bill making ap- ator from Connecticut (Mr. LIEBERMAN) land Security for the fiscal year ending propriations for the Department of and the Senator from Maryland (Ms. September 30, 2006, and for other pur- Homeland Security for the fiscal year MIKULSKI) were added as cosponsors of poses. ending September 30, 2006, and for amendment No. 1200 proposed to H.R. other purposes. AMENDMENT NO. 1113 2360, a bill making appropriations for AMENDMENT NO. 1156 At the request of Mr. AKAKA, the the Department of Homeland Security names of the Senator from Minnesota At the request of Mrs. BOXER, the for the fiscal year ending September 30, (Mr. DAYTON) and the Senator from name of the Senator from New Jersey 2006, and for other purposes. ORZINE Colorado (Mr. SALAZAR) were added as (Mr. C ) was added as a cosponsor At the request of Mr. KOHL, his name cosponsors of amendment No. 1113 proof amendment No. 1156 intended to be was added as a cosponsor of amend- posed to H.R. 2360, a bill making appro- proposed to H.R. 2360, a bill making ap- ment No. 1200 proposed to H.R. 2360, priations for the Department of Home- propriations for the Department of supra. land Security for the fiscal year ending Homeland Security for the fiscal year ending September 30, 2006, and for AMENDMENT NO. 1202 September 30, 2006, and for other pur- At the request of Mr. DODD, the poses. other purposes. AMENDMENT NO. 1158 names of the Senator from New Jersey AMENDMENT NO. 1129 At the request of Mr. REID, the name (Mr. CORZINE) and the Senator from At the request of Mrs. MURRAY, the of the Senator from New Jersey (Mr. New Jersey (Mr. LAUTENBERG) were names of the Senator from New Jersey CORZINE) was added as a cosponsor of added as cosponsors of amendment No. (Mr. CORZINE), the Senator from Min- amendment No. 1158 intended to be pro- 1202 intended to be proposed to H.R. nesota (Mr. DAYTON), the Senator from posed to H.R. 2360, a bill making appro- 2360, a bill making appropriations for New Mexico (Mr. BINGAMAN), the Sen- priations for the Department of Home- the Department of Homeland Security ator from Colorado (Mr. SALAZAR) and land Security for the fiscal year ending for the fiscal year ending September 30, the Senator from California (Mrs. FEIN- September 30, 2006, and for other pur- 2006, and for other purposes. STEIN) were added as cosponsors of poses. AMENDMENT NO. 1205 amendment No. 1129 proposed to H.R. AMENDMENT NO. 1159 At the request of Mr. OBAMA, his 2360, a bill making appropriations for At the request of Mr. REID, the name name was added as a cosponsor of the Department of Homeland Security of the Senator from New Jersey (Mr. amendment No. 1205 intended to be pro- for the fiscal year ending September 30, CORZINE) was added as a cosponsor of posed to H.R. 2360, a bill making appro- 2006, and for other purposes. amendment No. 1159 intended to be propriations for the Department of Home- At the request of Mrs. HUTCHISON, her posed to H.R. 2360, a bill making appro- land Security for the fiscal year ending name was added as a cosponsor of priations for the Department of Home- September 30, 2006, and for other pur- amendment No. 1129 proposed to H.R. land Security for the fiscal year ending poses. 2360, supra. September 30, 2006, and for other pur- At the request of Mrs. BOXER, her At the request of Mrs. CLINTON, her poses. name was added as a cosponsor of name was added as a cosponsor of AMENDMENT NO. 1160 amendment No. 1205 intended to be pro- amendment No. 1129 proposed to H.R. At the request of Mr. REID, the name posed to H.R. 2360, supra. 2360, supra. of the Senator from New Jersey (Mr. AMENDMENT NO. 1206 At the request of Mr. JEFFORDS, his CORZINE) was added as a cosponsor of name was added as a cosponsor of At the request of Mr. SARBANES, the amendment No. 1160 intended to be pro- names of the Senator from Ohio (Mr. amendment No. 1129 proposed to H.R. posed to H.R. 2360, a bill making appro- 2360, supra. DEWINE), the Senator from Delaware priations for the Department of Home- (Mr. BIDEN) and the Senator from Ari- At the request of Mr. LAUTENBERG, land Security for the fiscal year ending his name was added as a cosponsor of zona (Mr. MCCAIN) were added as co- September 30, 2006, and for other pur- sponsors of amendment No. 1206 in- amendment No. 1129 proposed to H.R. poses. 2360, supra. tended to be proposed to H.R. 2360, a AMENDMENT NO. 1161 AMENDMENT NO. 1142 bill making appropriations for the De- At the request of Mr. REID, the name partment of Homeland Security for the At the request of Ms. COLLINS, the of the Senator from New Jersey (Mr. names of the Senator from Michigan fiscal year ending September 30, 2006, CORZINE) was added as a cosponsor of and for other purposes. (Mr. LEVIN), the Senator from Ne- amendment No. 1161 intended to be pro- braska (Mr. NELSON), the Senator from posed to H.R. 2360, a bill making appro- AMENDMENT NO. 1211 Arkansas (Mr. PRYOR), the Senator priations for the Department of Home- At the request of Mrs. BOXER, the from Maine (Ms. SNOWE) and the Sen- land Security for the fiscal year ending name of the Senator from New Jersey ator from Minnesota (Mr. DAYTON) September 30, 2006, and for other pur- (Mr. CORZINE) was added as a cosponsor were added as cosponsors of amend- poses. of amendment No. 1211 intended to be ment No. 1142 proposed to H.R. 2360, a AMENDMENT NO. 1162 proposed to H.R. 2360, a bill making ap- bill making appropriations for the De- At the request of Mr. KERRY, the propriations for the Department of partment of Homeland Security for the name of the Senator from New Jersey Homeland Security for the fiscal year fiscal year ending September 30, 2006, (Mr. CORZINE) was added as a cosponsor ending September 30, 2006, and for and for other purposes. of amendment No. 1162 proposed to other purposes. AMENDMENT NO. 1145 H.R. 2360, a bill making appropriations AMENDMENT NO. 1215 At the request of Mr. BUNNING, the for the Department of Homeland Secu- At the request of Mrs. FEINSTEIN, the name of the Senator from Oklahoma rity for the fiscal year ending Sep- name of the Senator from Maryland (Mr. INHOFE) was added as a cosponsor tember 30, 2006, and for other purposes. (Ms. MIKULSKI) was added as a cospon- of amendment No. 1145 intended to be At the request of Mrs. MURRAY, her sor of amendment No. 1215 proposed to proposed to H.R. 2360, a bill making ap- name was added as a cosponsor of H.R. 2360, a bill making appropriations

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15612 CONGRESSIONAL RECORD—SENATE July 12, 2005 for the Department of Homeland Secu- be allowed to grant the license until it (1) the Oyster Creek Nuclear Generating rity for the fiscal year ending Sep- gives appropriate consideration to the Station, which has been in operation for tember 30, 2006, and for other purposes. recommendations in the report. This is more than 35 years, is the oldest nuclear fa- important not just for New Jersey as it cility in the United States; f (2) as of the date of enactment of this Act, applies to Oyster Creek, but for all nu- STATEMENTS ON INTRODUCED more than 3,500,000 people reside within a 50- clear plants across the country. BILLS AND JOINT RESOLUTIONS mile radius of the Station; In addition, the bill requires NAS to (3) nuclear power facilities have been iden- Mr. CORZINE: review and recommend what the life tified as targets for terrorist attacks; S. 1381. A bill to require the Nuclear expectancy of nuclear plants should be (4) it is necessary to assess the safety, per- Regulatory Commission to consider that are designed like Oyster Creek. formance, and reliability of the oldest oper- certain criteria in relicensing nuclear Most public officials do not have the ating reactor in the United States; and facilities, and to provide for an inde- training or knowledge base needed to (5) an independent assessment of the Sta- pendent assessment of the Oyster make an independent assessment re- tion will help in determining whether the Station can continue to maintain adequate Creek Nuclear Generating Station by garding the safety and security of a nu- levels of safety. the National Academy of Sciences be- clear power plant. This is why it is so SEC. 3. DEFINITIONS. fore any relicensing of that facility; to critical that policymakers solicit the In this Act: the Committee on Environment and independent and unbiased opinion of (1) COMMISSION.—The term ‘‘Commission’’ Public Works. experts who are able to thoroughly as- means the Nuclear Regulatory Commission. Mr. CORZINE. Mr. President, I rise sess whether the Oyster Creek nuclear (2) STATION.—The term ‘‘Station’’ means today to introduce legislation to help power plant would be able to operate the Oyster Creek Nuclear Generating Sta- ensure the safety of the Nation’s oldest without fail throughout the duration of tion. nuclear power plants before they re- a new license. SEC. 4. RELICENSING CRITERIA FOR NUCLEAR ceive a renewed license to operate. This Nation needs a plan for a sound FACILITIES. The Oyster Creek Nuclear Generating energy future. Such a plan must ad- Section 182 of the Atomic Energy Act of Station in Lacey, NJ, has operated for dress the increasing role for clean, re- 1954 (42 U.S.C. 2232) is amended by adding at 35 years and is the oldest nuclear facil- newable energy. The plan, however, the end the following: ity in the country. It provides approxi- must ensure that nuclear power plants ‘‘e. In determining whether to approve an application for relicensing, the Commission mately ten percent of New Jersey’s such as Oyster Creek operate safely shall evaluate the facility with respect to— electricity, powering 600,000 homes. and only as long as they are needed. ‘‘(1) the health risks, vulnerability to ter- Oyster Creek also provides high paying If New Jersey’s energy future is left rorist attack, evacuation plans, surrounding jobs for 450 New Jerseyans. While the up to chance, it could leave my State population increases, ability to store nuclear plant is an important source of energy more reliant on coal-fired energy im- waste, and safety and security record of the and jobs for New Jerseyans, serious en- ported from other States over a re- facility; and vironmental, health, and safety con- gional grid that is unable to handle ‘‘(2) the impact of a nuclear accident at the cerns must be taken into account be- bulk power transfers of such a mag- facility.’’. fore the plant is relicensed. Three and nitude. The obvious end result of such SEC. 5. INDEPENDENT ASSESSMENT OF STATION. a half million Americans live within a reliance on distantly generated and (a) IN GENERAL.—The Commission shall not transported energy is more air pollu- relicense the Station until— fifty-mile radius of this plant. Congress (1) a date that is not earlier than 90 days must recognize that it is imperative tion and more blackouts. after the date on which the Commission re- that the safety, performance and reli- Considering that New Jersey already ceives the report described in subsection (b); ability of this plant be assessed by an suffers from the health effects of out- and independent entity before it is reli- of-State air pollution and is still (2) the Commission has given appropriate censed. smarting from the 2003 blackout, we consideration to the recommendations in the I have been very clear about my sup- should know better than to let this report. port for an independent review of Oys- happen. (b) ASSESSMENT BY NATIONAL ACADEMY OF ter Creek’s safety and security as part A mistake in this matter has dev- SCIENCES.—The Commission shall enter into an agreement with the National Academy of of the relicensure process. Such an as- astating potential consequences for New Jersey. An independent assess- Sciences to submit to the Commission a re- sessment would have to go beyond port that includes, with respect to the Sta- what is currently studied by the Nu- ment of the safety of Oyster Creek is a tion— clear Regulatory Commission (NRC) significant step to ensure the safety of (1) an independent assessment of safety when it reviews a license renewal. Un- the 3.5 million residents who live in the performance; and fortunately, when the NRC decides vicinity of the plant. This additional (2) recommendations with respect to— whether to renew a plant’s license, it layer of safety will help ensure that if (A) whether the Station should be reli- does not subject that application to the Oyster Creek is relicensed, it will have censed by the Commission; and (B) conditions for relicensing the Station. same thorough analysis that would be passed a stringent, independent assess- (c) INCLUSIONS.—In preparing the report applied to a new power plant’s applica- ment of its safety. New Jersey should not expect anything less when it comes under subsection (b), the National Academy tion. of Sciences, in accordance with any applica- In particular, a plant’s emergency to the safety of its citizens. ble regulations issued by the Commission, plan is not evaluated by the NRC when I urge my colleagues to support this shall— it considers a license renewal. This is crucial piece of legislation. (1) provide an independent assessment of surely unacceptable. I ask unanimous consent that the whether the Station conforms to the design The legislation I am introducing text of the bill be printed in the and licensing bases of the Station, including would require the NRC to withhold re- RECORD. appropriate reviews at the site and corporate There being no objection, the bill was offices of the Station; licensing of the Oyster Creek Station ordered to be printed in the RECORD, as (2) provide an independent assessment of until the National Academy of follows: the operational safety performance of the Sciences provides an independent as- Station, including an identification of risk sessment of safety performance, along S. 1381 factors, as the National Academy of Sciences with recommendations for relicensing Be it enacted by the Senate and House of determines to be appropriate; and relicensing conditions. The assess- Representatives of the United States of America (3) provide an independent assessment of— ment must identify health risks, vul- in Congress assembled, (A) the health risks, vulnerability to ter- nerability to terrorist attacks, evacu- SECTION 1. SHORT TITLE. rorist attack, evacuation plans, surrounding This Act may be cited as the ‘‘Oyster population increases, ability to store nuclear ation plans, population increases, abil- Creek Nuclear Generating Station Reli- waste, and safety and security record of the ity to store nuclear waste, safety and censing Act of 2005’’. Station; and security records, and the impact of a SEC. 2. FINDINGS. (B) the impact of a nuclear accident at the nuclear accident. The NRC would not Congress finds that— Station;

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15613 (4) evaluate the effectiveness of licensee Subcommittee on Investigations who of Ethics to monitor the disclosure pol- self-assessments, corrective actions, and im- have collaborated for many hours dur- icy and enforce a code of ethics. On the provement plans at the Station; ing the past several weeks as we have UN budget, it supports sunset provi- (5) determine any cause of a safety problem finalized this bill. sions for all new programs mandated at the Station; (6) assess the overall performance of the We know that billions of dollars that by the General Assembly and cost-cut- Station; and should have been spent on humani- ting measures such as greater use of (7) assess, and provide recommendations tarian needs in Iraq were siphoned off the internet for public information, ex- regarding, the optimal life expectancy of— by Saddam Hussein’s regime through a panding outsourcing of translation, (A) the Station; and system of surcharges, bribes, and kick- and reducing the frequency of con- (B) nuclear facilities that are similar in de- backs. This corruption depended upon ferences and international meetings. It sign to the Station, as determined by the Na- members of the UN Security Council promotes whistle-blower protections tional Academy of Sciences. who were willing to be complicit in for UN employees and strengthens the (d) ACCESS.—The Chairperson of the Com- mission shall issue such regulations as are these activities. It also depended on UN UN inspector general function carried necessary to ensure appropriate access to the officials and contractors who were dis- out by the Office of International Over- National Academy of Sciences to carry out honest, inattentive, or willing to make sight Services (OIOS). And it calls for this section, as determined by the Chair- damaging compromises in pursuit of a the creation of a new Independent person. compassionate mission. Oversight Board to ensure the integ- (e) REPORT.—Not later than 180 days after The diminishment of UN credibility rity and fiscal independence of the the date of enactment of this Act, the Com- from corruption in the Oil-for-Food OIOS. mission shall submit to Congress the report Program and other scandals is harmful of the National Academy of Sciences de- The legislation also calls for reforms scribed in subsection (b). to U.S. foreign policy and to efforts in the two functions, peacekeeping and aimed at coordinating a stronger glob- humans rights protection, where the By Mr. COLEMAN (for himself al response to terrorism. The capabili- United Nations will need to be stronger and Mr. LUGAR): ties possessed by the United Nations and more effective over the next sev- S. 1383. A bill to seek urgent and es- depend heavily on maintaining the eral decades if it is to make a major sential institutional reform at the credibility associated with countries contribution to international peace United Nations; to the Committee on acting together in a well-established and security. Foreign Relations. forum with well-established rules. This legislation would provide Presi- Mr. LUGAR. Mr. President, I rise to Profiteering, mismanagement, and bu- dent Bush with Congressional support join Senator NORM COLEMAN in intro- reaucratic stonewalling squander this and flexibility as he moves to generate ducing the United Nations Manage- precious resource. At a time when the reforms at the UN. The bill establishes ment, Personnel, and Policy Reform United States is appealing for greater a comprehensive agenda for creating Act of 2005. international help in Iraq, Afghani- the kind of United Nations the Amer- United Nations reform is not a new stan, and in trouble spots around the ican people can support. It does not im- issue. The structure and role of the world, a diminishment of UN credi- pose an artificial formula or rigid United Nations have been debated in bility reduces U.S. options and in- checklist of items that narrows our our country almost continuously since creases our own burdens. definition of success. Nor does it re- the U.N. was established in 1945. But in The UN’s ability to organize burden quire mandated cuts in UN dues. In- 2005, we may have a unique oppor- sharing and take over missions best stead, the underlying premise of this tunity to improve the operations of the handled by the international commu- legislation is that we want to give a UN. The revelations of the Oil-For- nity is critical to the long-term success President who knows how to achieve Food scandal and the urgency of of U.S. foreign policy. As such, the reform and is firmly committed to strengthening global cooperation to ad- United States must help achieve effec- doing so the tools he needs to achieve dress terrorism, the AIDS crisis, nu- tive reform at the UN. our national objectives. clear proliferation, and many other Our legislation contains a com- We see President Bush’s pledge to international problems have created prehensive list of reforms that the seek reform reinforced by his deeds, in- momentum in favor of constructive re- United States must pursue at the cluding his nomination of a reform- forms at the UN. United Nations. Some were espoused in minded expert on UN affairs to be our We have ample evidence that the the Gingrich–Mitchell UN reform ambassador at the United Nations and United Nations is in need of reform. study. Others have been proposed by now his subsequent nomination of a The Foreign Relations Committee held our colleague on the House side, HENRY trusted White House aide to be the As- the first Congressional hearing on the HYDE, and have already been adopted sistant Secretary for International Or- UN’s Oil-for-Food scandal a year ago by the House of Representatives. Oth- ganizations at the State Department. last April. Since that time, through ers have emerged from the Senate For- The drive for reform at the UN is not the work of Paul Volcker, Senator eign Relations Committee’s and the going to occur in a national security COLEMAN, and many others, we have Permanent Subcommittee of Investiga- vacuum. We will continue to have na- learned much more about the extent of tion’s examination of sound manage- tional security interests that are af- the corruption and mismanagement in- ment, personnel and oversight prac- fected by UN agencies and UN delibera- volved. tices that can prevent past failures tions. Without narrowing the Presi- Senator COLEMAN’s hard work as a from reoccurring. dent’s options, this legislation gives Member of the Senate Foreign Rela- The legislation includes a new UN him the leverage he needs. If he be- tions Committee and as the Chairman procurement system that embodies the lieves that, despite our best efforts, the of the Homeland Security and Govern- high standards required in modern gov- other member states of the UN do not mental Affairs Permanent Sub- ernments and private sector compa- share our views on the urgency for re- committee on Investigations has pro- nies, including relevant standards conform, this bill grants the President full vided the Senate with extensive knowl- tained in the Foreign Corrupt Prac- authority to withhold 50 percent of our edge of what went wrong in the Oil-for- tices Act. It calls for a new Manage- UN dues until reforms are imple- Food Program. We have combined ef- ment Performance Board to hold senior mented. But it allows the President to forts to offer the Senate a top-down/ UN officials accountable and a Sanc- make tactical judgments in the na- bottom-up comprehensive look at what tions Management Office to assist the tional security interest about how to needs to be reformed if the United Na- Security Council in managing, moni- apply leverage and about what methods tions is going to be a highly effective toring, and overseeing UN sanctions to use in pursuing reform. institution in this century. I would programs. It calls for strengthened fi- Secretary General Kofi Annan has like to thank staff on the Foreign Re- nancial disclosure requirements for UN proposed a substantial reform plan lations Committee and the Permanent personnel and the creation of an Office that will provide a platform for further

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15614 CONGRESSIONAL RECORD—SENATE July 12, 2005 reform initiatives and discussions. tions for applicants to and clients of lection and analysis so that we can get Other member nations have ideas for State TANF programs by addressing a better picture of the people who reform as well. The United States must gaps in current law in three areas: ac- apply for and receive TANF benefits be a leader in the effort to improve the cess to translation services and English and those who leave the welfare rolls. United Nations, particularly its ac- as a Second Language education pro- I share the concern that has been ex- countability. And this legislation programs, sanction notification and due pressed by a number of my constitu- vides the right balance, outlining the process protections, and data collec- ents regarding the lack of comprehen- kinds of reforms that will make the tion and analysis. I am pleased to be sive, uniform data about State welfare United Nations an accountable, trans- joined in this effort by the Senator programs, including information on parent, and well-managed inter- from Massachusetts, Mr. KENNEDY and those who apply for benefits and those national organization, while giving the the Senator from Louisiana, Ms. LAN- who have left the welfare rolls. My bill President the authority to withhold DRIEU. would require States to collect and contributions if reform efforts fall In order for low-income parents manage data in a uniform way; to short. whose primary language is not English disaggregate the data based on a larger I thank Senator COLEMAN for the ex- to understand their rights with respect number of subgroups, including race, pertise and leadership he has provided to availability of benefits, to comply ethnicity/national origin, gender, pri- in crafting this legislation, and I ask with Federal and State TANF program mary language, and educational level my colleagues to give it their full sup- rules, and to move from welfare to of recipient; to include information on port. work, we should ensure that trans- work participation and about appli- lation services and English as a Second cants who are diverted to other pro- By Mr. FEINGOLD (for himself, Language classes are available. grams; and to track clients whose cases Mr. KENNEDY, and Ms. LAN- My bill would require States to pro- are closed. DRIEU): vide interpretation and translation In addition, the Federal Department S. 1385. A bill to amend part A of services to low-income parents who do of Health and Human Services would be title IV of the Social Security Act to not speak English, and provides that required to include a comprehensive ensure fair treatment and due process the standards currently used in the analysis broken down by these same protections under the temporary as- food stamp program would be used to data groups in its annual report on the sistance to needy families program, to determine when the requirement to TANF program. The Department would facilitate enhanced data collection and provide such services would be trig- also be required to perform a longitu- gered for TANF-funded programs. reporting requirements under that pro- dinal study of program outcomes that States would also be required to ad- gram, and for other purposes; to the includes data on applicants for assist- Committee on Finance. vise adults who lack English proficiency of available programs in the ance, families that receive assistance, Mr. FEINGOLD. Mr. President, later and families that leave assistance dur- this year the Senate may again con- community to help them learn English, and to allow individuals who elect to ing the period of the study. The Sec- sider reauthorization of the 1996 Per- retary of Health and Human Services sonal Opportunity and Work Responsi- enroll in such programs to participate in them. Individuals who participate in would be required to protect the pri- bility Reconciliation Act. This law vacy of individuals and families apply- ended the Aid to Families with Depend- such activities on a satisfactory basis would be considered to be engaged in ing for or receiving assistance under ent Children program and created our State TANF programs when data on current Federal welfare program, the work activities and these activities would be counted towards the work such individuals and families is pub- Temporary Assistance for Needy Fami- participation rates. licly disclosed by the Secretary. lies (TANF) program. If we are not only to reduce the wel- These enhanced requirements are not I supported the legislation that cre- fare rolls but to reduce poverty and to meant to impose an additional burden ated TANF because I believed that the ensure that low-income parents find on the States. Rather, they are in- welfare system was failing recipients sustainable jobs, we must ensure that tended to measure the success of the and their families and that we needed these parents have access to education program in a more comprehensive and to do better. Now, almost nine years and training, including ESL classes, transparent manner. later, poverty levels are again on the and that this training counts toward This legislation is supported by the rise and it is clear that improvements the work requirement. I support efforts Leadership Conference on Civil Rights, need to be made to the TANF program to expand the number of activities that the Nation’s oldest and most diverse in order to achieve the goal of breaking TANF clients are permitted to count as civil rights coalition. I ask unanimous the cycle of poverty and moving recipi- work, and my bill would add ESL class- consent that the text of this legislation ents into well-paying, sustainable jobs. es to that list. be printed in the RECORD. As we all know, each State’s welfare In addition, I am concerned about re- There being no objection, the bill was program is different, and the imple- ports of unfair sanctioning and case ordered to be printed in the RECORD, as mentation of these programs often var- closures across the country. We should follows: ies from provider to provider and from make every effort to minimize dis- S. 1385 county to county. While we encouraged crimination in the application of sanc- Be it enacted by the Senate and House of State-level innovation with the 1996 tions and the termination of benefits. Representatives of the United States of America law and should continue to encourage My bill would require that, prior to im- in Congress assembled, it with our reauthorization legislation, posing a sanction, States inform indi- SECTION 1. SHORT TITLE; TABLE OF CONTENTS; we should also ensure that all State viduals of the reasons for the sanction REFERENCES. plans conform to uniform Federal fair and what individuals may do to come (a) SHORT TITLE.—This Act may be cited as treatment and due process protections into compliance with program rules to the ‘‘Fair Treatment and Due Process Pro- tection Act of 2005’’. for all applicants and clients. avoid the sanction. It also would stipu- I am deeply concerned that a client (b) TABLE OF CONTENTS.—The table of con- late that sanctions may not continue tents of this Act is as follows: who applies for or receives benefits in after individuals have come into com- Sec. 1. Short title; table of contents; ref- one part of Wisconsin may not be get- pliance with program rules, and that erences. ting the same treatment as another ap- individuals be informed of all other TITLE I—ACCESS TO TRANSLATION plicant or client in a different part of services and benefits for which they SERVICES AND LANGUAGE EDUCATION my State. may be eligible during the period of the PROGRAMS The bill that I introduce today, the sanction, and of their rights under ap- Sec. 101. Provision of interpretation and Fair Treatment and Due Process Pro- plicable State and Federal laws. translation services. tection Act, would improve Federal Finally, this bill would require Sec. 102. Assisting families with limited fair treatment and due process protec- States to perform enhanced data col- English proficiency.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0686 Sfmt 0655 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15615 TITLE II—SANCTIONS AND DUE PROCESS satisfactory basis as being engaged in work ‘‘(II) An individual to which this subclause PROTECTIONS for purposes of determining monthly partici- applies may— Sec. 201. Sanctions and due process protec- pation rates under this section, except that ‘‘(aa) modify the determination to impose tions. the State— a sanction; TITLE III—DATA COLLECTION AND ‘‘(I) may elect to require additional hours ‘‘(bb) determine that there was good cause REPORTING REQUIREMENTS of participation or activity if necessary to for the individual or family’s failure to com- Sec. 301. Data collection and reporting re- ensure that the recipient is participating in ply; quirements. work-related activities for a sufficient num- ‘‘(cc) recommend modifications to the indi- Sec. 302. Enhancement of understanding of ber of hours to count as being engaged in vidual’s individual responsibility or employ- the reasons individuals leave work under this section; and ment plan; and State TANF programs. ‘‘(II) shall attempt to ensure that any addi- ‘‘(dd) make such other determinations and Sec. 303. Longitudinal studies of TANF ap- tional hours of participation or activity do take such other actions as may be appro- plicants and recipients. not unreasonably interfere with the edu- priate under the circumstances. Sec. 304. Protection of individual privacy. cation activity of the recipient.’’. ‘‘(iii) The review required under clause (ii) TITLE IV—EFFECTIVE DATE (b) PENALTY.—Section 409(a) (42 U.S.C. shall include consideration of the following: Sec. 401. Effective date. 609(a)), as amended by section 101(b), is ‘‘(I) To the extent applicable, whether bar- (c) REFERENCES.—Except as otherwise ex- amended by adding at the end the following: riers to compliance exist, such as a physical pressly provided, wherever in this Act an ‘‘(16) PENALTY FOR FAILURE TO PROVIDE IN- or mental impairment, including mental ill- amendment or repeal is expressed in terms of TERPRETATION AND TRANSLATION SERVICES.— ness, substance abuse, mental retardation, a an amendment to, or repeal of, a section or ‘‘(A) IN GENERAL.—If the Secretary deter- learning disability, domestic or sexual vio- other provision, the amendment or repeal mines that a State to which a grant is made lence, limited proficiency in English, limited shall be considered to be made to a section under section 403 in a fiscal year has violated literacy, homelessness, or the need to care or other provision of the Social Security section 407(c)(2)(E) during the fiscal year, the for a child with a disability or health condi- Act. Secretary shall reduce the grant payable to tion, that contributed to the noncompliance TITLE I—ACCESS TO TRANSLATION SERV- the State under section 403(a)(1) for the im- of the person. ICES AND LANGUAGE EDUCATION PRO- mediately succeeding fiscal year by an ‘‘(II) Whether the individual or family’s GRAMS amount equal to up to 5 percent of the State failure to comply resulted from failure to receive or have access to services previously SEC. 101. PROVISION OF INTERPRETATION AND family assistance grant. TRANSLATION SERVICES. ‘‘(B) PENALTY BASED ON SEVERITY OF FAIL- identified as necessary in an individual re- (a) IN GENERAL.—Section 408(a) (42 U.S.C. URE.—The Secretary shall impose reductions sponsibility or employment plan. 608(a) is amended by adding at the end the under subparagraph (A) with respect to a fis- ‘‘(III) Whether changes to the individual following: cal year based on the degree of noncompli- responsibility or employment plan should be ‘‘(12) PROVISION OF INTERPRETATION AND ance.’’. made in order for the individual to comply with program requirements. TRANSLATION SERVICES.—A State to which a TITLE II—SANCTIONS AND DUE PROCESS ‘‘(IV) Whether the individual or family has grant is made under section 403(a) for a fiscal PROTECTIONS year shall, with respect to the State program good cause for any noncompliance. funded under this part and all programs SEC. 201. SANCTIONS AND DUE PROCESS PRO- ‘‘(V) Whether the State’s sanction policies TECTIONS. funded with qualified State expenditures (as have been applied properly. defined in section 409(a)(7)(B)(i)), provide ap- (a) IN GENERAL.—Section 408(a) (42 U.S.C. ‘‘(B) SANCTION FOLLOW-UP REQUIREMENTS.— propriate interpretation and translation 608(a)), as amended by section 101(a), is If a State imposes a sanction on a family or services to individuals who lack English pro- amended by adding at the end the following: individual for failing to comply with proficiency if the number or percentage of per- ‘‘(13) SANCTION PROCEDURES.— gram requirements, the State shall— sons lacking English proficiency meets the ‘‘(A) PRE-SANCTION REVIEW PROCESS.—Prior ‘‘(i) provide or send notice to the indi- standards established under section 272.4(b) to the imposition of a sanction against an in- vidual or family, in language calculated to of title 7 of the Code of Federal Regulations dividual or family receiving assistance under be understood by the individual or family, (as in effect on the date of enactment of this the State program funded under this part or and, if the individual’s or family’s native paragraph).’’. under a program funded with qualified State language is not English, through a culturally (b) PENALTY.—Section 409(a) (42 U.S.C. expenditures (as defined in section competent translation, of the reason for the 609(a)) is amended by adding at the end the 409(a)(7)(B)(i)) for failure to comply with pro- sanction and the steps the individual or fam- following: gram requirements, the State shall take the ily must take to end the sanction; ‘‘(15) PENALTY FOR FAILURE TO PROVIDE IN- following steps: ‘‘(ii) resume the individual’s or family’s TERPRETATION AND TRANSLATION SERVICES.— ‘‘(i) Provide or send notice to the indi- full assistance, services, or benefits provided ‘‘(A) IN GENERAL.—If the Secretary deter- vidual or family, and, if the recipient’s na- under this program (provided that the indi- mines that a State to which a grant is made tive language is not English, through a cul- vidual or family is otherwise eligible for under section 403 in a fiscal year has violated turally competent translation, of the fol- such assistance, services, or benefits) once section 408(a)(12) during the fiscal year, the lowing information: the individual who failed to meet program Secretary shall reduce the grant payable to ‘‘(I) The specific reason for the proposed requirements that led to the sanction com- the State under section 403(a)(1) for the im- sanction. plies with program requirements for a rea- mediately succeeding fiscal year by an ‘‘(II) The amount of the proposed sanction. sonable period of time, as determined by the amount equal to up to 5 percent of the State ‘‘(III) The length of time during which the State and subject to State discretion to re- family assistance grant. proposed sanction would be in effect. duce such period; ‘‘(B) PENALTY BASED ON SEVERITY OF FAIL- ‘‘(IV) The steps required to come into com- ‘‘(iii) if assistance, services, or benefits URE.—The Secretary shall impose reductions pliance or to show good cause for noncompli- have not resumed, as of the period that be- under subparagraph (A) with respect to a fis- ance. gins on the date that is 60 days after the date cal year based on the degree of noncompli- ‘‘(V) That the agency will provide assist- on which the sanction was imposed, and end ance.’’. ance to the individual in determining if good on the date that is 120 days after such date, SEC. 102. ASSISTING FAMILIES WITH LIMITED cause for noncompliance exists, or in coming provide notice to the individual or family, in ENGLISH PROFICIENCY. into compliance with program requirements. language calculated to be understood by the (a) IN GENERAL.—Section 407(c)(2) (42 ‘‘(VI) That the individual may appeal the individual or family, of the steps the indi- U.S.C. 607(c)(2)) is amended by adding at the determination to impose a sanction, and the vidual or family must take to end the sanc- end the following: steps that the individual must take to pur- tion, and of the availability of assistance to ‘‘(E) INDIVIDUALS WITH LIMITED ENGLISH sue an appeal. come into compliance or demonstrate good PROFICIENCY.—In the case of an adult recipi- ‘‘(ii)(I) Ensure that, subject to clause (iii)— cause for noncompliance with program re- ent who lacks English language proficiency, ‘‘(aa) an individual other than the indi- quirements.’’. as defined by the State, the State shall— vidual who determined that a sanction be (b) PENALTY.—Section 409(a) (42 U.S.C. ‘‘(i) advise the adult recipient of available imposed shall review the determination and 609(a)), as amended by section 102(b), is programs or activities in the community to have the authority to take the actions de- amended by adding at the end the following: address the recipient’s education needs; scribed in subclause (II); and ‘‘(17) PENALTY FOR FAILURE TO FOLLOW ‘‘(ii) if the adult recipient elects to partici- ‘‘(bb) the individual or family against SANCTION PROCEDURES.— pate in such a program or activity, allow the whom the sanction is to be imposed shall be ‘‘(A) IN GENERAL.—If the Secretary deter- recipient to participate in such a program or afforded the opportunity to meet with the mines that a State to which a grant is made activity; and individual who, as provided for in item (aa), under section 403 in a fiscal year has violated ‘‘(iii) consider an adult recipient who par- is reviewing the determination with respect section 408(a)(13) during the fiscal year, the ticipates in such a program or activity on a to the sanction. Secretary shall reduce the grant payable to

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15616 CONGRESSIONAL RECORD—SENATE July 12, 2005 the State under section 403(a)(1) for the im- TITLE III—DATA COLLECTION AND lated to the provision of assistance under the mediately succeeding fiscal year by an REPORTING REQUIREMENTS State program funded under this part, a amount equal to up to 5 percent of the State SEC. 301. DATA COLLECTION AND REPORTING comprehensive list of reasons why individ- family assistance grant. REQUIREMENTS. uals leave State programs funded under this ‘‘(B) PENALTY BASED ON SEVERITY OF FAIL- Section 411(a)(1) (42 U.S.C. 611(a)(1)) is part. In developing such list, the Secretary URE.—The Secretary shall impose reductions amended— shall consider the full range of reasons for under subparagraph (A) with respect to a fis- (1) in subparagraph (A)— case closures, including the following: cal year based on the degree of noncompli- (A) in the matter preceding clause (i), by ‘‘(I) Lack of access to specific programs or ance.’’. striking ‘‘(except for information relating to services, such as child care, transportation, activities carried out under section or English as a second language classes for (c) STATE PLAN REQUIREMENT TO DESCRIBE 403(a)(5))’’ and inserting ‘‘, and, in complying individuals with limited English proficiency. HOW STATES WILL NOTIFY APPLICANTS AND with this requirement, shall ensure that ‘‘(II) The medical or health problems of a RECIPIENTS OF THEIR RIGHTS UNDER THE PRO- such information is reported in a manner recipient. GRAM AND OF POTENTIAL BENEFITS AND SERV- that permits analysis of the information by ‘‘(III) The family responsibilities of a re- ICES AVAILABLE UNDER THE PROGRAM.—Sec- race, ethnicity or national origin, primary cipient, such as caring for a family member tion 402(a)(1)(B)(iii) (42 U.S.C. language, gender, and educational level, in- with a disability. 602(a)(1)(B)(iii)) is amended by inserting ‘‘, cluding analysis using a combination of ‘‘(IV) Changes in eligibility status. and will notify applicants and recipients of these factors, and that all data, including ‘‘(V) Other administrative reasons. assistance under the program of the rights of Federal, State, and local data (whether col- ‘‘(ii) OTHER REQUIREMENTS.—The list re- individuals under all laws applicable to pro- lected by public or private local agencies or quired under clause (i) shall be developed with the goal of substantially reducing the gram activities and of all potential benefits entities that administer or operate the State program funded under this part) is made pub- number of case closures under the State pro- and services available under the program’’ lic and easily accessible’’; grams funded under this part for which a before the period. (B) by striking clause (v) and inserting the reason is not known. (d) REQUIREMENT TO PROVIDE NOTICE TO following: ‘‘(iii) PUBLIC COMMENT.—The Secretary APPLICANTS AND RECIPIENTS OF RIGHTS AND ‘‘(v) The employment status, occupation shall promulgate for public comment regula- OF POTENTIAL PROGRAM BENEFITS AND SERV- (as defined by the most current Federal tions that— ‘‘(I) list the case closure reasons developed ICES, AND TO TRAIN PROGRAM PERSONNEL TO Standard Occupational Classification system, as of the date of the collection of the under clause (i); RESPECT SUCH RIGHTS.— data), and earnings of each employed adult ‘‘(II) require States, not later than October (1) IN GENERAL.—Section 408(a) (42 U.S.C. 1, 2006, to use such reasons in accordance 608(a)), as amended by subsection (a), is in the family.’’; with subparagraph (A)(xvi); and amended by adding at the end the following: (C) in clause (vii), by striking ‘‘and educational level’’ and inserting ‘‘, educational ‘‘(III) require States to report on efforts to ‘‘(14) REQUIREMENT TO PROVIDE NOTICE TO level, and primary language’’; improve State tracking of reasons for case APPLICANTS AND RECIPIENTS OF RIGHTS AND OF (D) in clause (viii), by striking ‘‘and edu- closures, including the identification of addi- POTENTIAL PROGRAM BENEFITS AND SERVICES, cational level’’ and inserting ‘‘, educational tional reasons for case closures not included AND TO TRAIN PROGRAM PERSONNEL TO RE- level, and primary language’’; and on the list developed under clause (i). SPECT SUCH RIGHTS.—A State to which a (E) in clause (xi), in the matter preceding ‘‘(iv) REVIEW AND MODIFICATION.—The Sec- grant is made under section 403 shall— subclause (I), by inserting ‘‘, including, to retary, through consultation and analysis of ‘‘(A) notify each applicant for, and each re- the extent such information is available, in- quarterly State reports submitted under this cipient of, assistance under the State pro- formation on the specific type of job, or edu- paragraph, shall review on an annual basis gram funded under this part or under a pro- cation or training program’’ before the semi- whether the list of case closure reasons de- gram funded with qualified State expendi- colon; veloped under clause (i) requires modifica- tures (as defined in section 409(a)(7)(B)(i)) of (2) by redesignating subparagraph (B) as tion and, to the extent the Secretary deter- the rights of applicants and recipients under subparagraph (C); and mines that modification of the list is nec- all laws applicable to the activities of such (3) by inserting after subparagraph (A), the essary, shall publish proposed modifications program (including the right to claim good following: for notice and comment, prior to the modi- cause exceptions to program requirements), ‘‘(B) INFORMATION REGARDING APPLICANTS.— fications taking effect.’’. and shall provide the notice— ‘‘(i) IN GENERAL.—Each eligible State shall (b) INCLUSION IN QUARTERLY STATE RE- ‘‘(i) to a recipient when the recipient first collect on a monthly basis, and report to the PORTS.—Section 411 (a)(1)(A) (42 U.S.C. receives assistance, benefits, or services Secretary on a quarterly basis, disaggre- 611(a)(1)(A)) is amended— under the program; gated case record information on the number (1) in clause (xvi)— ‘‘(ii) to all such recipients on a semiannual of individuals who apply for but do not re- (A) in subclause (IV), by striking ‘‘or’’ at basis; and ceive assistance under the State program the end; ‘‘(iii) orally and in writing, in the native funded under this part, the reason such as- (B) in subclause (V), by striking the period language of the recipient and at not higher sistance were not provided, and the overall and inserting ‘‘; or’’; and than a 6th grade level, and, if the recipient’s percentage of applications for assistance (C) by adding at the end the following: native language is not English, through a that are approved compared to those that ‘‘(VI) a reason specified in the list devel- culturally competent translation; and are disapproved with respect to such month. oped under subparagraph (C), including any ‘‘(B) train all program personnel on a reg- ‘‘(ii) REQUIREMENT.—In complying with modifications of such list.’’; ular basis regarding how to carry out the clause (i), each eligible State shall ensure (2) by redesignating clause (xvii) as clause program consistent with such rights.’’. that the information required under that (xviii); and (2) PENALTY.—Section 409(a) (42 U.S.C. clause is reported in a manner that permits (3) by inserting after clause (xvi), the fol- 609(a)), as amended by subsection (b), is analysis of such information by race, eth- lowing: amended by adding at the end the following: nicity or national origin, primary language, ‘‘(xvii) The efforts the State is under- ‘‘(18) PENALTY FOR FAILURE TO PROVIDE NO- gender, and educational level, including taking, and the progress with respect to such TICE TO APPLICANTS AND RECIPIENTS OF RIGHTS analysis using a combination of these fac- efforts, to improve the tracking of reasons AND OF POTENTIAL PROGRAM BENEFITS AND tors.’’. for case closures.’’. SERVICES, AND TO TRAIN PROGRAM PERSONNEL SEC. 302. ENHANCEMENT OF UNDERSTANDING SEC. 303. LONGITUDINAL STUDIES OF TANF AP- TO RESPECT SUCH RIGHTS.— OF THE REASONS INDIVIDUALS PLICANTS AND RECIPIENTS. ‘‘(A) IN GENERAL.—If the Secretary deter- LEAVE STATE TANF PROGRAMS. (a) IN GENERAL.—Section 413 (42 U.S.C. 613) mines that a State to which a grant is made (a) CASE CLOSURE REASONS.—Section is amended by striking subsection (d) and in- under section 403 in a fiscal year has violated 411(a)(1) (42 U.S.C. 611(a)(1)), as amended by serting the following: section 408(a)(14) during the fiscal year, the section 301, is amended— ‘‘(d) LONGITUDINAL STUDIES OF APPLICANTS Secretary shall reduce the grant payable to (1) by redesignating subparagraph (C) (as AND RECIPIENTS TO DETERMINE THE FACTORS the State under section 403(a)(1) for the im- redesignated by such section 301) as subpara- THAT CONTRIBUTE TO POSITIVE EMPLOYMENT mediately succeeding fiscal year by an graph (D); and AND FAMILY OUTCOMES.— amount equal to up to 5 percent of the State (2) by inserting after subparagraph (B) (as ‘‘(1) IN GENERAL.—The Secretary, directly family assistance grant. added by such section 301) the following: or through grants, contracts, or interagency ‘‘(B) PENALTY BASED ON SEVERITY OF FAIL- ‘‘(C) DEVELOPMENT OF COMPREHENSIVE LIST agreements, shall conduct longitudinal stud- URE.—The Secretary shall impose reductions OF CASE CLOSURE REASONS.— ies in at least 5, and not more than 10, States under subparagraph (A) with respect to a fis- ‘‘(i) IN GENERAL.—The Secretary shall de- (or sub-State areas, except that no such area cal year based on the degree of noncompli- velop, in consultation with States and indi- shall be located in a State in which a State- ance.’’. viduals or organizations with expertise re- wide study is being conducted under this

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paragraph) of a representative sample of State programs funded under this part and of S. RES. 196 families that receive, and applicants for, as- children and families that have ceased to re- Whereas Singapore is a great friend of the sistance under a State program funded under ceive such assistance, using longitudinal United States; this part or under a program funded with matched data gathered from federally sup- Whereas the United States and Singapore qualified State expenditures (as defined in ported programs, and including State-by- share a common vision of promoting peace, section 409(a)(7)(B)(i)). State data that details the distribution of stability, security, and prosperity in the ‘‘(2) REQUIREMENTS.—The studies con- earnings and stability of employment of such Asia-Pacific region; ducted under this subsection shall— families and (to the extent feasible) de- Whereas Singapore is a member of the Pro- ‘‘(A) follow families that cease to receive scribes, with respect to such families, the liferation Security Initiative, an initiative assistance, families that receive assistance distribution of income from known sources launched by the United States in 2003 to re- throughout the study period, and families di- (including employer-reported wages, assist- spond to the challenges posed by the pro- verted from assistance programs; and ance under the State program funded under liferation of weapons of mass destruction, ‘‘(B) collect information on— this part, and benefits under the food stamp and a committed partner of the United ‘‘(i) family and adult demographics (in- program), the ratio of such families’ income States in preventing the spread of weapons cluding race, ethnicity or national origin, to the poverty line, and the extent to which of mass destruction; primary language, gender, barriers to em- such families receive or received noncash Whereas Singapore is a leader in the Radi- ployment, educational status of adults, prior benefits and child care assistance, ation Detection Initiative, an effort by the work history, prior history of welfare re- disaggregated by race, ethnicity or national United States to develop technology to safe- ceipt); origin, primary language, gender, education guard maritime security by detecting traf- ‘‘(ii) family income (including earnings, level, whether the case remains open, and, ficking of nuclear and radioactive material; unemployment compensation, and child sup- with respect to closed cases, the reason the Whereas Singapore will soon be a partner port); case was closed.’’. to the United States in the Strategic Frame- ‘‘(iii) receipt of assistance, benefits, or (2) CONFORMING AMENDMENTS.—Section work Agreement for Closer Cooperation in services under other needs-based assistance 411(a) (42 U.S.C. 611(a)) is amended— Defense and Security, an agreement which programs (including the food stamp program, (A) by redesignating paragraph (7) as para- will build upon the already strong military the medicaid program under title XIX, graph (8); and relations between the United States and earned income tax credits, housing assist- (B) by inserting after paragraph (6), the Singapore and expand the scope of defense ance, and the type and amount of any child following: and security cooperation between the 2 coun- care); ‘‘(7) REPORT ON ECONOMIC WELL-BEING OF tries; ‘‘(iv) the reasons for leaving or returning CURRENT AND FORMER RECIPIENTS.—The re- Whereas Singapore responded quickly to to needs-based assistance programs; port required by paragraph (1) for a fiscal provide generous humanitarian relief and fi- ‘‘(v) work participation status and activi- quarter shall include for that quarter such nancial assistance to the people affected by ties (including the scope and duration of information as the Secretary may specify in the tragic tsunami that struck Southeast work activities and the types of industries order for the Secretary to include in the an- Asia in December 2004; and occupations for which training is pro- nual reports to Congress required under sub- Whereas Singapore has joined the United vided); section (b) the information described in States in the global struggle against ter- ‘‘(vi) sanction status (including reasons for paragraph (5) of that subsection.’’. rorism, providing intelligence and offering sanction); SEC. 304. PROTECTION OF INDIVIDUAL PRIVACY. political and diplomatic support; ‘‘(vii) time limit for receipt of assistance Section 411 of the Social Security Act (42 Whereas Singapore is the 15th largest trad- status (including months remaining with re- U.S.C. 611) is amended by adding at the end ing partner of the United States and the first spect to such time limit); the following: free trade partner of the United States in the ‘‘(viii) recipient views regarding program ‘‘(c) PROTECTION OF INDIVIDUAL PRIVACY.— Asia-Pacific region, and the United States is participation; and With respect to any information concerning the second largest trading partner of Singa- ‘‘(ix) measures of income change, poverty, individuals or families receiving assistance, pore; extreme poverty, food security and use of or applying for assistance, under the State Whereas the relationship between the food pantries and soup kitchens, homeless- programs funded under this part that is pub- United States and Singapore extends beyond ness and the use of shelters, and other meas- licly disclosed by the Secretary, the Sec- the current campaign against terrorism and ures of family well-being and hardship over a retary shall ensure that such disclosure is is reinforced by strong ties of culture, com- 5-year period. made in a manner that protects the privacy merce, and scientific and technical coopera- ‘‘(3) COMPARABILITY OF RESULTS.—The Sec- of such individuals and families.’’. tion; and retary shall, to the extent possible, ensure TITLE IV—EFFECTIVE DATE Whereas the relationship between the that the studies conducted under this sub- United States and Singapore encompasses al- section produce comparable results and in- SEC. 401. EFFECTIVE DATE. most every field of international coopera- formation. The amendments made by this Act take ef- tion, including a common commitment to ‘‘(4) REPORTS.— fect on October 1, 2005. fostering a stronger and more open inter- ‘‘(A) INTERIM REPORTS.—Not later than Oc- f national trading system: Now, therefore, be tober 1, 2008, the Secretary shall publish in- it terim findings from at least 12 months of SUBMITTED RESOLUTIONS Resolved, That the Senate— longitudinal data collected under the studies (1) welcomes the Prime Minister of Singa- conducted under this subsection. pore, His Excellency Lee Hsien Loong, to the ‘‘(B) SUBSEQUENT REPORTS.—Not later than United States; October 1, 2010, the Secretary shall publish SENATE RESOLUTION 196—WEL- (2) expresses profound gratitude to the findings from at least 36 months of longitu- COMING THE PRIME MINISTER Government of Singapore for promoting se- dinal data collected under the studies con- OF SINGAPORE ON THE OCCA- curity and prosperity in Southeast Asia and ducted under this subsection.’’. cooperating with the United States in the (b) ANNUAL REPORT TO CONGRESS.— SION OF HIS VISIT TO THE UNITED STATES, EXPRESSING global campaign against terrorism; and (1) IN GENERAL.—Section 411(b) (42 U.S.C. (3) reaffirms the commitment of the 611(b)) is amended— GRATITUDE TO THE GOVERN- United States to continue strengthening the (A) in paragraph (2)— MENT OF SINGAPORE FOR ITS friendship and cooperation between the (i) by inserting ‘‘(including types of sanc- STRONG COOPERATION WITH United States and Singapore. tions or other grant reductions)’’ after ‘‘fi- THE UNITED STATES IN THE f nancial characteristics’’; and CAMPAIGN AGAINST TERRORISM, (ii) by inserting ‘‘, disaggregated by race, AND REAFFIRMING THE COMMIT- AMENDMENTS SUBMITTED AND ethnicity or national origin, primary lan- PROPOSED guage, gender, education level, and, with re- MENT OF THE UNITED STATES spect to closed cases, the reason the case was TO THE CONTINUED EXPANSION SA 1216. Mr. DURBIN (for Mrs. BOXER) pro- closed’’ before the semicolon; OF FRIENDSHIP AND COOPERA- posed an amendment to the bill H.R. 2360, (B) in paragraph (3), by striking ‘‘and’’ at TION BETWEEN THE UNITED making appropriations for the Department the end; STATES AND SINGAPORE of Homeland Security for the fiscal year end- (C) in paragraph (4), by striking the period ing September 30, 2006, and for other pur- and inserting ‘‘; and’’; and Mr. BOND (for himself and Ms. MUR- poses. (D) by adding at the end the following: KOWSKI) submitted the following reso- SA 1217. Mr. DURBIN (for Ms. STABENOW ‘‘(5) the economic well-being of children lution; which was considered and (for herself and Mr. REID)) proposed an and families receiving assistance under the agreed to: amendment to the bill H.R. 2360, supra.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15618 CONGRESSIONAL RECORD—SENATE July 12, 2005 TEXT OF AMENDMENTS such amount is designated as an emergency COMMITTEE ON ENERGY AND NATURAL requirement pursuant to section 402 of H. RESOURCES SA 1216. Mr. DURBIN (for Mrs. Con. Res. 95 (109th Congress): Mrs. HUTCHISON. Mr. President, I BOXER) proposed an amendment to the bill H.R. 2360, making appropriations f ask unanimous consent that the Com- mittee on Energy and Natural Re- for the Department of Homeland Secu- NOTICES OF HEARINGS/MEETINGS rity for the fiscal year ending Sep- sources be authorized to meeting dur- tember 30, 2006, and for other purposes; SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS ing the session of the Senate on Tues- as follows: Mr. CRAIG. Mr. President, I would day, July 12 at 10 a.m. like to announce for the information of The purpose of the hearing is to con- At the appropriate place, insert the fol- sider the nomination of Jill L. Sigal to lowing: the Senate and the public that a hear- be Assistant Secretary of Energy for SEC. . STRENGTHENING SECURITY AT NUCLEAR ing has been scheduled before the Sub- POWER PLANTS. committee on Public Lands and For- Congressional and Intergovernmental (a) FINDINGS.—The Senate finds that— ests of the Committee on Energy and Affairs; David R. Hill to be General (1) A taped interview shown on al-Jazeera Natural Resources. Counsel of the Department of Energy; television on September 10, 2002, included a and James A. Rispoli to be Assistant statement that al Qaeda initially planned to The hearing will be held on Wednes- day, July 20, 2005, at 2:30 P.M. in Room Secretary of Energy for Environmental include a nuclear power plant in its 2001 at- Management. tacks on the United States. SD–366 of the Dirksen Senate Office (2) In 2001, David Kyd of the International Building. The PRESIDING OFFICER. Without Atomic Energy Agency said that if a fully The purpose of the hearing is to re- objection, it is so ordered. fueled large jetliner hit a nuclear reactor ceive testimony on S. 703, to provide SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- ‘‘then the containment could be breached for the conveyance of certain Bureau of AGEMENT, GOVERNMENT INFORMATION, AND INTERNATIONAL SECURITY and the cooling system of the reactor could Land Management land in the State of be impaired to the point where radioactivity Mrs. HUTCHISON. Mr. President, I Nevada to the Las Vegas Motor Speed- might well be set free.’’ ask unanimous consent that the Sub- way, and for other purposes; S. 997, to (3) Dr. Edwin Lyman, a physicist and committee on Federal Financial Man- direct the Secretary of Agriculture to former scientific director of the Nuclear agement, Government Information, Control Institute has noted that if a nuclear convey certain land in the Beaverhead- and International Security be author- power plant were hit by a large commercial Deerlodge Forest, MT, to Jefferson ized to meet on Tuesday, July 12, 2005, passenger jet, ‘‘significant release of radi- County, MT; for use as a cemetery; S. at 2 p.m. for a hearing regarding ‘‘Im- ation into the environment is a very real 1131, to authorize the exchange of cer- one.’’ proper Payments: Where are Truth and tain Federal land within the State of (4) Operating nuclear reactors contain Transparency in Federal Financial Re- Idaho, and for other purposes; S. 1170, large amounts of radioactive fission products porting?’’. to establish the Fort Stanton-Snowy that, if dispersed, could pose a direct radi- THE PRESIDING OFFICER. Without ation hazard, contaminate soil and vegeta- River National Cave Conservation objection, it is so ordered. tion, and be ingested by humans and ani- Area; S. 1238, to amend the Public mals. Lands Corps Act of 1993 to provide for SUBCOMMITTEE ON INTELLECTUAL PROPERTY (5) According to the organization Three the conduct of projects that protect Mrs. HUTCHISON. Mr. President, I Mile Island Alert, a nuclear power plant forests, and other purposes; and H.R. ask unanimous consent that the Sub- houses more than 1,000 times the radiation 1101, to revoke a Public Land Order committee on Intellectual Property be that would be released in an atomic bomb authorized to meet to conduct a hear- blast, and the magnitude of a single terrorist with respect to certain lands erro- attack on a nuclear power plant could cause neously included in the Cibola National ing on ‘‘Music Licensing Reform’’ on over 100,000 deaths. Wildlife Refuge, California. Tuesday, July 12, 2005 at 2:30 p.m. in (6) The federal government has offered Because of the limited time available Dirksen 226. Governors potassium iodide pills to dis- for the hearing, witnesses may testify Witness List: tribute to people living near nuclear power by invitation only. However, those plants in case of an attack, but no legisla- Panel I: Marybeth Peters, U.S. Reg- tion has passed to protect against an attack wishing to submit written testimony ister of Copyrights, Washington, DC. in the first place. for the hearing record should send two Panel II: Rob Glaser, Chairman and (7) In the 108th Congress, the Senate Envi- copies of their testimony to the Com- CEO, RealNetworks, Inc., Seattle, WA; ronment and Public Works Committee ap- mittee on Energy and Natural Re- Rick Carnes, President, Songwriters proved bipartisan legislation to improve nu- sources, United States Senate, Wash- Guild of America, Nashville, TN; Glen clear plant security. No action was taken by ington, D.C. 20510–6150. the full Senate. Barros, Pres and CEO, Comcord (8) Last month, the Senate Environment f Records, Beverly Hills, CA; Marilyn and Public Works Committee again approved Bergman, President and Chairman, bipartisan legislation to improve nuclear AUTHORITY FOR COMMITTEES TO American Society of Composers, Au- plant security. MEET thors and Publishers, New York, NY; ENSE OF THE ENATE (b) S S . It is the sense of COMMITTEE ON COMMERCE, SCIENCE, AND and Ish Cuebas, Director of Merchan- the Senate that the Congress should pass TRANSPORTATION dising Operations, Trans World Enter- legislation to assess the terrorist threats at each nuclear power plant and to establish Mrs. HUTCHISON. Mr. President, I tainment, and Co-Chairman of the new federal standards to protect against ask unanimous consent that the Com- Media on Demand Task Force Cor- those threats. mittee on Commerce, Science, and porate Circle, National Association of Transportation be authorized to meet Recording Merchandisers, Albany, NY. SA 1217. Mr. DURBIN (for Ms. STABE- on Tuesday, July 12, 2005, at 10 a.m. on The PRESIDING OFFICER. Without NOW (for herself and Mr. REID)) pro- Digital Television Transmission. objection, it is so ordered. posed an amendment to the bill H.R. The PRESIDING OFFICER. Without SUBCOMMITTEE ON WATER AND POWER 2360, making appropriations for the De- objection, it is so ordered. Mrs. HUTCHISON. Mr. President, I partment of Homeland Security for the COMMITTEE ON COMMERCE, SCIENCE, AND ask unanimous consent that the sub- fiscal year ending September 30, 2006, TRANSPORTATION committee on water and power be au- and for other purposes; as follows: Mrs. HUTCHISON. Mr. President, I thorized to meet during the session of On page 77, line 18, strike ‘‘$2,694,300,000’’ ask unanimous consent that the Com- the Senate on Tuesday, July 12, 2005 at and insert ‘‘7,694,300,000’’. mittee on Commerce, Science, and 3 p.m. On page 79, line 22, strike the colon and in- Transportation be authorized to meet The purpose of the hearing is to re- sert a period. On page 79, between lines 22 and 23, insert on Tuesday, July 12, 2005, at 2:30 p.m. ceive testimony on S. 49, to establish a the following: in Digital Television Transmission. joint Federal-State Floodplain and (7) $5,000,000,000 for interoperable commu- The PRESIDING OFFICER. Without Erosion Mitigation Commission for the nications equipment grants: Provided, That objection, it is so ordered. State of Alaska; S. 247, to authorize

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15619 the Secretary of the Interior to assist of his visit to the United States, expressing (2) expresses profound gratitude to the in the planning, design, and construc- gratitude to the Government of Singapore Government of Singapore for promoting se- tion of the Tumalo Irrigation District for its strong cooperation with the United curity and prosperity in Southeast Asia and Water Conservation Project in States in the campaign against terrorism, cooperating with the United States in the and reaffirming the commitment of the global campaign against terrorism; and Deschutes County, Oregon; S. 648, to United States to the continued expansion of (3) reaffirms the commitment of the amend the reclamation states emer- friendship and cooperation between the United States to continue strengthening the gency drought relief act of 1991 to ex- United States and Singapore. friendship and cooperation between the tend the authority for drought assist- There being no objection, the Senate United States and Singapore. ance; S. 819, to authorize the Secretary proceeded to consider the resolution. f of the Interior to reallocate costs of Mr. FRIST. I ask unanimous consent the Pactola Dam and Reservoir, South that the resolution be agreed to, the MEASURE READ THE FIRST Dakota, to reflect increased demands preamble be agreed to, and the motion TIME—S. 1382 for municipal, industrial, and fish and to reconsider be laid upon the table. Mr. FRIST. I understand there is a wildlife purposes; S. 891, to extend the The PRESIDING OFFICER. Without bill at the desk. I ask for its first read- water service contract for the objection, it is so ordered. ing. Ainsworth Unit, Sandhills Division, The resolution (S. Res. 196) was The PRESIDING OFFICER. The Pick-Sloan Missouri Basin Program, agreed to. clerk will report. Nebraska; and S. 1338, to require the The preamble was agreed to. Secretary of the Interior, acting The resolution, with its preamble, The legislative clerk read as follows: through the bureau of reclamation and reads as follows: A bill (S. 1382) to require the Secretary of Interior to accept the conveyance of certain the United States Geological Survey, S. RES. 196 to conduct a study on groundwater re- land, to be held in trust for the benefit of the Whereas Singapore is a great friend of the Puyallup Indian tribe. sources in the State of Alaska, and for United States; other purposes. Whereas the United States and Singapore Mr. FRIST. I now ask for a second The PRESIDING OFFICER. Without share a common vision of promoting peace, reading, and in order to place the bill objection, it is so ordered. stability, security, and prosperity in the on the calendar under the provisions of f Asia-Pacific region; rule XIV, I object to my own request. Whereas Singapore is a member of the Pro- The PRESIDING OFFICER. Objec- PRIVILEGE OF THE FLOOR liferation Security Initiative, an initiative tion is heard. The bill will be read the Ms. COLLINS. Mr. President, I ask launched by the United States in 2003 to re- second time on the next legislative unanimous consent that Jeffrey spond to the challenges posed by the pro- day. Highley, a civil engineering congres- liferation of weapons of mass destruction, and a committed partner of the United f sional fellow in Senator PRYOR’s office, States in preventing the spread of weapons be granted the privilege of the floor for of mass destruction; MEASURES PLACED ON THE the remaining duration of the debate Whereas Singapore is a leader in the Radi- CALENDAR—S. 1374 AND S. 1375 on the Homeland Security appropria- ation Detection Initiative, an effort by the tions bill. United States to develop technology to safe- Mr. FRIST. I understand there are The ACTING PRESIDENT pro tem- guard maritime security by detecting traf- two bills at the desk due for a second pore. Without objection, it is so or- ficking of nuclear and radioactive material; reading. I ask unanimous consent they dered. Whereas Singapore will soon be a partner be read for the second time en bloc. Mr. CORNYN. Mr. President, I ask to the United States in the Strategic Frame- The PRESIDING OFFICER. Without work Agreement for Closer Cooperation in objection, it is so ordered. The clerk unanimous consent that privilege of Defense and Security, an agreement which the floor be granted to Ray Kovachy will build upon the already strong military will report. and Lynden Melmed, detailees from the relations between the United States and The legislative clerk read as follows: Department of Homeland Security to Singapore and expand the scope of defense A bill (S. 1374) to amend the Homeland Se- the majority staff of the Immigration, and security cooperation between the 2 coun- curity Act of 2002 to provide for a border pre- Border Security, and Citizenship Sub- tries; paredness pilot program on Indian land. committee of the Judiciary Committee Whereas Singapore responded quickly to A bill (S. 1375) to amend the Indian Arts during the remainder of the first ses- provide generous humanitarian relief and fi- and Crafts Act of 1990 to modify provisions nancial assistance to the people affected by relating to criminal proceedings and civil ac- sion of the 109th Congress. the tragic tsunami that struck Southeast tions, and for other purposes. The PRESIDING OFFICER. Without Asia in December 2004; objection, it is so ordered. Mr. FRIST. In order to place the bills Whereas Singapore has joined the United on the calendar under the provisions of Mr. MARTINEZ. I ask unanimous States in the global struggle against ter- consent that Brian Walsh, a member of rorism, providing intelligence and offering rule XIV, I object to further proceeding my staff, be granted floor privileges political and diplomatic support; en bloc. during consideration of the Homeland Whereas Singapore is the 15th largest trad- The PRESIDING OFFICER. The bills Security appropriations bill. ing partner of the United States and the first will be placed on the calendar. The PRESIDING OFFICER. Without free trade partner of the United States in the f objection, it is so ordered. Asia-Pacific region, and the United States is the second largest trading partner of Singa- f pore; ORDERS FOR WEDNESDAY, JULY WELCOMING THE PRIME MINISTER Whereas the relationship between the 13, 2005 OF SINGAPORE ON THE OCCA- United States and Singapore extends beyond Mr. FRIST. I ask unanimous consent SION OF HIS VISIT TO THE the current campaign against terrorism and that when the Senate completes its is reinforced by strong ties of culture, com- UNITED STATES. merce, and scientific and technical coopera- business today, it stand in adjourn- Mr. FRIST. Mr. President, I ask tion; and ment until 9:30 a.m. on Wednesday, unanimous consent that the Senate Whereas the relationship between the July 13. I further ask that following now proceed to consideration of S. Res. United States and Singapore encompasses al- the prayer and pledge, the morning 196, submitted earlier today. most every field of international coopera- hour be deemed expired, the Journal of The PRESIDING OFFICER. The tion, including a common commitment to proceedings be approved to date, the clerk will report the resolution by fostering a stronger and more open inter- time for the two leaders be reserved, national trading system: Now, therefore, be and the Senate then resume consider- title. it The assistant legislative clerk read Resolved, That the Senate— ation of the Homeland Security appro- as follows: (1) welcomes the Prime Minister of Singa- priations bill. A resolution (S. Res. 196) welcoming the pore, His Excellency Lee Hsien Loong, to the The PRESIDING OFFICER. Without Prime Minister of Singapore on the occasion United States; objection, it is so ordered.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15620 CONGRESSIONAL RECORD—SENATE July 12, 2005 ORDERS FOR WEDNESDAY, JULY IN THE ARMY LAUREL S. FIELDS, 0000 STEPHEN M. FORD, 0000 13, 2005 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF KEVIN M. FORREST, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO KARRIE A. FRISTOE, 0000 Mr. FRIST. Mr. President, tomorrow THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOSE L. * GARCIA, 0000 the Senate will resume consideration UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: GREG S. GENTRY, 0000 BRADLEY A. GOLDEN, 0000 of the Homeland Security appropria- To be colonel GILROY G. GOTIANGCO, 0000 tions bill. We have several important MONROE N. FARMER, JR., 0000 EMMETT * GOURDINE, 0000 FRANCIS C. LEITH, JR., 0000 PAUL J. GOYMERAC, 0000 amendments pending, focusing on first DAVID A. PRUGH, 0000 JOSEPH D. GRAHAM, 0000 responders. Additional amendments CYNTHIA A. SMITH, 0000 GERALD J. GRUBER, 0000 WILLIAM L. SMITH, 0000 JOHN J. GUARDIA, 0000 will be offered and debated through the WENDY C. SPRIGGS, 0000 LANETTE R. HAMILTON, 0000 day. Due to scheduling issues, any OWEN N. HARDY, JR., 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF BERNARD HARPER, 0000 votes ordered with respect to amend- THE UNITED STATES OFFICERS FOR APPOINTMENT TO DAVID S. HENCSHEL, 0000 ments will be stacked to occur later in THE GRADE INDICATED IN THE RESERVE OF THE ARMY THOMAS S. HINES, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: PENNIE L. * HOOFMAN, 0000 the day. We will alert Senators as to To be colonel MATTHEW S. HUFFMAN, 0000 the exact timing of that series of votes ARTHUR A. JACKSON, JR., 0000 JERRY R. ACTON, JR., 0000 KEITH M. JOHNSON, 0000 tomorrow. We will complete the Home- ARNOLD B. HARMSEN, 0000 HENRY K. JUNG, 0000 land Security appropriations bill this NEAL G. LOIDOLT, 0000 MARTIN D. KERKENBUSH, 0000 JOHN F. MCKENNEY, 0000 JEFFERY S. KING, 0000 week, and therefore we will need to STEVEN R. MOUNT, 0000 KEITH D. KIZZIE, 0000 make good use of our time on Wednes- CHRISTOPHER M. KNAPP, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS K. KOGER, 0000 day, Thursday, and Friday, if nec- TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL P. KOZAR, 0000 essary. MEDICAL SPECIALIST CORPS AND FOR REGULAR AP- DANIEL R. KRAL, 0000 POINTMENT (IDENTIFIED BY AN ASTERISK(*)) UNDER JOHN P. LAMOUREUX, 0000 Again, the intention is we will com- TITLE 10, U.S.C., SECTIONS 624, 531, AND 3064: JAMES A. LATERZA, 0000 plete this bill this week. I mention To be lieutenant colonel ROBERT E. LEONARD, 0000 PAULA C. LODI, 0000 that because I know there are a lot of MARIA E. BOVILL, 0000 BRYAN W. LONGMUIR, 0000 scheduling challenges and problems, BRYAN L. BOYEA, 0000 ROBERT C. MAXHAM, 0000 NIKKI L. BUTLER, 0000 SHARON A. * MCBRIDE, 0000 but we need to keep moving ahead. We RACHEL K. EVANS, 0000 WILLIAM MCCARTHY, 0000 will be stacking the votes, as I men- DAVID D. GOHDES, 0000 NEDRICK L. MCDADE, 0000 DANIEL M. JAYNE, 0000 WILLIAM M. MCGRATH, 0000 tioned earlier in the day, to try to ac- COLLEEN S. KESSELRING, 0000 MICHAEL D. MILLER, 0000 commodate as many Members’ sched- DAVID E. MEYER, 0000 KATHERINE R. MOORE, 0000 ANNE C. RESTY, 0000 JAMES W. * NESS, 0000 ules as possible. MARYBETH SALGUEIRO, 0000 LAWRENCE P. NOLAN, 0000 MICHAEL J. * WALKER, 0000 MICHAEL T. ONEIL, 0000 f DOUGLAS ONKST, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID J. PARRAMORE, 0000 ADJOURNMENT UNTIL 9:30 A.M. TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRADLEY D. PECOR, 0000 VETERINARY CORPS AND FOR REGULAR APPOINTMENT JOHN L. * PRESS, 0000 TOMORROW (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., CARLA S. PRICE, 0000 SECTIONS 624, 531, AND 3064: Mr. FRIST. Mr. President, if there is JEFFREY A. ROBERTS, 0000 To be lieutenant colonel PAUL L. ROBERTS, 0000 no further business to come before the CEPHUS L. ROUPE, 0000 THELDA J. * ATKIN, 0000 NANCY D. RUFFIN, 0000 Senate, I ask unanimous consent that BESS P. * BROSEY, 0000 BRADLEY S. RUSTAN, 0000 the Senate stand in adjournment under STEPHEN J. * DALAL, 0000 DAVID G. RYNDERS, 0000 JAMES S. * ESTEP, 0000 TERESA A. SAPP, 0000 the previous order. DAVID J. * FLETCHER, 0000 JOHN M. * SCHERER, 0000 There being no objection, the Senate, DAVID S. * GALLOWAY, 0000 SONYA S. SCHLEICH, 0000 TODD O. * JOHNSON, 0000 JAMES F. SCHWARTZ, 0000 at 6:09 p.m., adjourned until Wednes- ROBIN K. * KING, 0000 AARON J. SILVER, 0000 day, July 13, at 9:30 a.m. HENRY J. KYLE, 0000 JAMES B. SNOW, 0000 BRIAN D. * MOORE, 0000 STACIA L. SPRIDGEN, 0000 f LEN E. * MURRAY, 0000 WALTER M. STANISH, 0000 RANDALL L. * RIETCHECK, 0000 RICHARD P. STARRS, 0000 NOMINATIONS WILLIAM H. * SMITH, 0000 CHARLES H. STRITE, JR., 0000 EDWARD L. * STEVENS, 0000 ALEX H. STUBNER, 0000 Executive Nominations received by NANCY A. * TWENHAFEL, 0000 EDWIN C. * SUPPLEE, 0000 RUSSELL L. * WIESSINGER, 0000 MICHAEL J. TALLEY, 0000 the Senate July 12, 2005: LOUDON D. * YANTIS, JR., 0000 JESSIE L. TUCKER III, 0000 TAMI ZALEWSKI, 0000 TROY L. WALKER, 0000 DEPARTMENT OF HOUSING AND URBAN RONALD T. WILLIAMS, 0000 DEVELOPMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHEN C. WOOLDRIDGE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY KEITH A. NELSON, OF TEXAS, TO BE AN ASSISTANT MEDICAL SERVICE CORPS AND FOR REGULAR APPOINT- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SECRETARY OF HOUSING AND URBAN DEVELOPMENT, MENT (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, TO THE GRADE INDICATED IN THE UNITED STATES ARMY VICE VICKERS B. MEADOWS. U.S.C., SECTIONS 624, 531, AND 3064: NURSE CORPS AND FOR REGULAR APPOINTMENT (IDEN- TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C. SEC- FEDERAL MARITIME COMMISSION To be lieutenant colonel TIONS 624, 531, AND 3064: REBECCA F. DYE, OF NORTH CAROLINA, TO BE A FED- CHRISTOPHER AMAKER, 0000 To be lieutenant colonel ERAL MARITIME COMMISSIONER FOR A TERM EXPIRING PAUL D. ANDERSON, 0000 JUNE 30, 2010. (REAPPOINTMENT) MARK R. * BAGGETT, 0000 DENISE D. ADAMSMANN, 0000 DAMON G. BAINE, 0000 PATRICK J. AHEARNE, 0000 DEPARTMENT OF STATE BRIAN J. BALOUGH, 0000 JAVIER F. ALTAMIRANO, 0000 PATRICIA LOUISE HERBOLD, OF WASHINGTON, TO BE LYNNETTE B. BARDOLF, 0000 RAY C. ANTOINE, 0000 AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY KENTON M. BASS, 0000 FRED P. * BAKER, JR., 0000 OF THE UNITED STATES OF AMERICA TO THE REPUBLIC KEVIN J. BELANGER, 0000 KIRSTEN S. BAUTISTA, 0000 OF SINGAPORE. MICHAEL T. BLOUNT, 0000 DEBRA D. BOYKINS, 0000 JAMES CALDWELL CASON, OF FLORIDA, A CAREER JAMES R. BOLTON, 0000 KELLY K. * BRAMLEY, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF SHAWN T. BOOS, 0000 CHERYL L. BROWN, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- LEONARD W. BOWLEY, 0000 MYRA R. BROWN, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CHARLES D. BRADLEY, 0000 VICKI L. CARR, 0000 OF AMERICA TO THE REPUBLIC OF PARAGUAY. MIA S. BRENNAN, 0000 THOMAS S. CLARK, 0000 CARLTON C. BRINKLEY, 0000 TINA L. CLEMENTS, 0000 IN THE COAST GUARD THOMAS C. BURZYNSKI, 0000 JAMES A. CLEVELAND, 0000 KYLE C. CAMPBELL, 0000 DAVID L. COLVIN, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JACQUELINE CHANDO, 0000 TINA A. CONNALLY, 0000 MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- JACQUELINE B. * CHEN, 0000 MATTHEW H. COWELL, 0000 CER IN THE UNITED STATES COAST GUARD IN THE CHRISTOPHER H. CHUN, 0000 JOECELYN P. CRITTENDEN, 0000 GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: JEFFERY M. * CLELAND, 0000 JACK M. DAVIS, 0000 To be lieutenant CHARLES D. * COE, 0000 LISA F. DAVIS, 0000 REGINALD D. COFFEY, 0000 MINERVA R. * DEPACHECO, 0000 MELISSA DIAZ, 0000 FABIAN F. COOK, 0000 CORINNE K. DEVLIN, 0000 ANTHONY L. COX, 0000 JEAN M. * EDWARDS, 0000 THE FOLLOWING NAMED OFFICER OF THE UNITED JOHN P. CUELLAR, 0000 LAURA R. FAVAND, 0000 STATES COAST GUARD TO BE A MEMBER OF THE PERMA- ROBERT P. CUREE, JR., 0000 PATRICIA A. FORTNER, 0000 NENT COMMISSIONED TEACHING STAFF OF THE COAST WILLIAM M. DARBY, 0000 PAMELA F. GODINEZ, 0000 GUARD ACADEMY IN THE GRADE INDICATED UNDER JAMES W. DAVIDSON, 0000 MELISSA K. * HALE, 0000 TITLE 14, U.S.C., SECTION 188: GRETCHEN L. DEMMIN, 0000 PATRICIA A. HEMBREE, 0000 To be lieutenant SHERYL L. DUNN, 0000 TERESA H. HENDRIX, 0000 JAY E. * EARLES, 0000 KATHLEEN M. HERBERGER, 0000 ROYCE W. JAMES, 0000 PAMELA M. EVANS, 0000 WENDELL M. HOLLADAY, 0000

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15621

LISA A. INGULLI, 0000 THOMAS W. * BAMFORD, 0000 BRADLEY N. BRUCE, 0000 SUSANNA S. ITARA, 0000 GARY A. * BANTAD, 0000 JAKOB C. BRUHL, 0000 MELINDA L. JACKSON, 0000 CHARLES R. * BARBER, JR., 0000 BOBBY W. BRYANT, 0000 SHARON Y. JACKSON, 0000 CLAUDE A. * BARFIELD, 0000 CHARLES E. BRYANT, 0000 BEVERLY JEFFERSON, 0000 STEPHEN K. * BARKER, 0000 JAMES W. BRYANT, JR., 0000 CLUNIE M. JOHNSON, 0000 MARK W. * BARLOW, 0000 LETITIA L. * BRYANT, 0000 IVETTE * JUSTICE, 0000 SHANE A. * BARNA, 0000 TED M. * BRYANT, 0000 BRIAN K. KONDRAT, 0000 CATINA M. * BARNES, 0000 THOMAS B. * BRYANT, 0000 JEANNE M. LARSON, 0000 SHANE C. * BARNES, 0000 JEFFREY C. * BRYSON, 0000 LINDA R. LEBEDOVYCH, 0000 SHAWN M. * BARNES, 0000 BENJAMIN D. * BUALAT, 0000 VERONICA S. LEWIS, 0000 LESLIE A. BARNETT, 0000 JEFFREY D. BUCK, 0000 TAYLOR T. LINEGAR, 0000 MAURICE O. BARNETT, 0000 TODD E. BUHR, 0000 JANIE K. LOTT, 0000 SEAN G. * BARRETT, 0000 ROBERT S. BUINISKIS, 0000 VIVIAN G. LUDI, 0000 THOMAS J. BARRETT, 0000 DALE W. BURBANK, 0000 BARBARA A. * MAHONEY, 0000 CHRISTOPHER T. * BARRY, 0000 MARIA V. BURGER, 0000 KAREN L. * MARRS, 0000 JOHN M. * BARRY, JR., 0000 ROBERT L. * BURGESS, 0000 PAULETTE B. MATTHIEBROWN, 0000 STEVEN T. BARRY, 0000 SEAN M. * BURKE, 0000 VAN E. MCCOY, 0000 AARON C. BARTA, 0000 WILLIAM B. * BURLEY, 0000 DANIEL W. * MCKAY, 0000 LISA M. BARTEL, 0000 CHARLES R. BURNETT, 0000 COLETTE L. MCKINNEY, 0000 SCOTT L. * BARTLEY, 0000 BARRY A. BURNS, 0000 DONNA E. * MOORE, 0000 LAWRENCE O. * BASHA, 0000 DONALD L. BURTON, 0000 MARY S. MOORE, 0000 BASSEY E. BASSEY III, 0000 JASON R. * BURWELL, 0000 MARGARET M. NAVA, 0000 BRETT A. BASSINGER, 0000 JAMES A. BUSHNELL, 0000 TERRYN B. NELSON, 0000 JAMES E. * BATCHELOR, 0000 JAMES N. * BUSLER, 0000 SONIA T. NEUMEIER, 0000 CHAD T. BATES, 0000 MATTHEW N. * BUTLER, 0000 THERESA H. NEWLIN, 0000 BRYAN K. BATSON, 0000 RAYMOND D. * BUTLER, 0000 JOSEPH C. * OSULLIVAN, 0000 THOMAS M. * BAUCHSPIES, 0000 ALLEN R. * BYRNE, 0000 KOLET R. PABLO, 0000 RANDALL G. BAUCOM, 0000 ELLIOTT R. * CAGGINS, 0000 KELLY L. PEROUTKA, 0000 ANTHONY C. BAUER, 0000 CHRISTOPHER H. * CALDWELL, 0000 CHERYLN A. POLLARD, 0000 JOHN W. BAUER, 0000 JASON C. CALDWELL, 0000 RENEE M. * PONCE, 0000 SHIRLEY J. BAUMANN, 0000 TERENCE A. * CALIGUIRE, 0000 SHARON M. PRYOR, 0000 ERIC A. BAUS, 0000 KREG C. * CALVERT, 0000 JAMES R. QUIGLEY, 0000 RICARDO A. BAUTISTA, 0000 JAMES J. CAMERON, 0000 REBECCA S. RABB, 0000 JEFFERY D. * BEACHAM, 0000 JONATHAN G. * CAMERON, 0000 JENNIFER ROBINSON, 0000 JON P. BEALE, 0000 CHERYL R. * CAMPBELL, 0000 JANET L. ROGERS, 0000 TIMOTHY R. * BECK, 0000 MICHAEL L. CAMPBELL, 0000 DONNA L. SCHANCK, 0000 JOHN R. BECKHAM, 0000 CHAD E. CAMPFIELD, 0000 JACQUELINE R. SCHULER, 0000 JOHN C. BECKING, 0000 LUCIEN * CAMPILLO, 0000 JACQUELINE A. SHEEHAN, 0000 DAMON A. BECKNEL, 0000 LANCE CANGELOSI, 0000 BETTY J. SIMMONS, 0000 GARY M. * BELCHER, 0000 GREGORY A. * CANNATA, 0000 BARBARA A. SION, 0000 LARRY A. * BELCHER, 0000 JOHN M. * CANTIN, 0000 MIRIAM A. SPELLS, 0000 RALPHAEL R. BELL, JR., 0000 JULIE L. CAPLES, 0000 NANCY J. * STEIMER, 0000 VINCENT J. * BELLISARIO, 0000 KEVIN S. CAPRA, 0000 CARLETTE T. TOFT, 0000 JASON M. BENDER, 0000 DAVID F. CAREY, 0000 LISA A. TOVEN, 0000 DANIEL J. BENICK, 0000 HEATHER J. CARLISLE, 0000 ABEL TREVINO, 0000 IAN S. * BENNETT, 0000 BARRY R. CARLSON, JR., 0000 SHIRLEY D. TUORINSKY, 0000 LEROY D. * BENTON, 0000 STEVEN P. CARPENTER, 0000 ROBIN A. VILLIARD, 0000 PAUL E. * BERG, 0000 JULIE M. * CARSKADON, 0000 ROBERT S. BERG, 0000 ADAM J. CARSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEREMY R. BERNADEAU, 0000 ANDREW T. CARTER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ARICAI M. * BERRY, 0000 CHRISTOPHER M. * CARTER, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN PATRICK J. BERRY, 0000 HORACE * CARTER, JR., 0000 ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND STEPHEN M. BERT, 0000 MARCUS D. * CARTER, 0000 531: MICHAEL R. BIANKOWSKI, JR., 0000 ROBERTO R. * CASTILLO, 0000 To be major JOHN * BIRDSONG, 0000 RAFAEL E. * CATHELINEAUD, 0000 DREW A. * BISSELL, 0000 JOHN R. * CAUDILL, 0000 THOMAS H. AARSEN, 0000 BRIAN A. BISSONNETTE, 0000 CHAD C. CHALFONT, 0000 KRISTIN A. * ABERG, 0000 WILLIAM R. * BLACK, 0000 JERRY E. * CHANDLER, JR., 0000 ALISSA R. ACKLEY, 0000 WARD T. * BLACKLOCK III, 0000 MALCOLM O. * CHANDLER, 0000 GEOFFREY R. ADAMS, 0000 DEVON M. BLAKE, 0000 KEVIN S. CHANEY, 0000 JOHN D. * ADAMS, 0000 JAY A. * BLAKLEY, 0000 JENNIFER CHAPMAN, 0000 STEPHANIE R. AHERN, 0000 JOSEPH C. * BLANKENSHIP, 0000 DONALD J. * CHARRON, 0000 THOMAS S. AKIN, 0000 GLEN L. * BLANTON II, 0000 THADDEUS E. * CHASE, 0000 SARAH K. * ALBRYCHT, 0000 JAMES T. * BLEJSKI, JR., 0000 PATRICK C. * CHAVEZ, 0000 PAUL E. * ALESSIO, 0000 JASON B. BLEVINS, 0000 PETER C. * CHEN, 0000 CLARENCE C. * ALFORD, 0000 MARK A. BLISS, 0000 DERRICK W. CHENG, 0000 ANDY R. * ALLEN, 0000 MARK A. BOEKE, 0000 CHRISTA M. CHEWAR, 0000 CHRISTINE E. * ALLEN, 0000 DEREK E. * BOESE, 0000 THOMAS A. * CHIAPPETTA, 0000 ZACHARY J. * ALLEN, 0000 BRIAN C. BOLIO, 0000 MARK S. * CHILDRESS, 0000 DANIEL P. ALLMACHER, 0000 NATHAN J. * BOLLINGER, 0000 KEITH T. * CHINN, 0000 PATRICK S. ALTENBURG, 0000 AQUANITA R. * BONDS, 0000 MOBARAK H. * CHOWDHURY, 0000 JAMES C. * ANDERSON, JR., 0000 ELMER A. * BONTRAGER, 0000 ERIC * CHOY, 0000 JASON L. ANDERSON, 0000 RONNELL * BOOKER, 0000 DEREK P. CHRISTENSEN, 0000 JOHN P. ANDERSON, 0000 TIMOTHY B. * BORAAS, 0000 MARK W. * CHRISTENSEN, 0000 PHILIP W. * ANDERSON, 0000 PETER S. * BORETSKY, 0000 ROBERT B. * CHURCH, 0000 ROBERT R. ANDERSON, 0000 LEONARD A. BORNINO, 0000 BRIAN J. * CHWOJDAK, 0000 NIKOLAI L. ANDRESKY, 0000 JOSEPH W. BOSCIA, 0000 CHRISTOPHER W. * CIRINO, 0000 MARIA T. * ANGELI, 0000 CRAIG P. BOSTON, 0000 NICOLE N. CLARK, 0000 PAUL M. ARMSTRONG, 0000 KIRT R. * BOSTON, 0000 KENDALL J. * CLARKE, 0000 SHERMAN * ARMSTRONG, 0000 WILLIAM E. BOSWELL, 0000 KELVIN R. * CLAUDE, 0000 ARIC N. ARNOLD, 0000 JESUS E. BOTELLO, 0000 CLIFFORD D. * CLAUSEN, 0000 ROBERT R. * ARNOLD, JR., 0000 DON E. * BOTTORFF, 0000 CHRISTOPHER J. * CLAY, 0000 WANDRA F. * ARNOLD, 0000 WADE R. BOVARD, 0000 DOMENIC P. * CLEMENTI, 0000 BRYAN D. * ASHER, 0000 DENNIS BOWERS, 0000 JAMES L. CLIFT, 0000 JOHN M. * ASKEW, 0000 MATTHEW R. BOWLER, 0000 SPENCER J. CLOUATRE, 0000 KENNETH S. ATES, 0000 ANTHONY R. BOWMAN, 0000 NOAH C. CLOUD, 0000 CINDY T. ATKINS, 0000 BRADLEY L. BOWMAN, 0000 MARC A. CLOUTIER, 0000 DENNIS R. ATKINS III, 0000 CLARENCE W. * BOWMAN III, 0000 GREGORY S. * COBURN, 0000 GAIL E. ATKINS, 0000 ALAN J. BOYER, 0000 JERRY E. COBURN, 0000 CHRISTOPHER S. AUCLAIR, 0000 TERRI L. * BRADLEY, 0000 DANIEL K. * COFFEY, 0000 RICK J. * AVERA, 0000 DONALD W. * BRADY, JR., 0000 WILLIAM G. COLBERT, 0000 GERALD AVILA, 0000 EDWARD A. BRADY, 0000 CURTIS L. * COLE, 0000 SCOTT C. * BAGER, 0000 WILLIAM P. BRAMAN, 0000 STEVEN R. COLE, 0000 CHAD A. BAGLEY, 0000 SCOTTY P. * BRAMBLETT, 0000 MICHAEL D. COLEMAN, 0000 JAMES E. BAGLEY, 0000 THOMAS A. * BRASHEARS, 0000 TIMOTHY E. * COLLIER, 0000 JOHN J. * BAILER, JR., 0000 TODD I. * BRATTMILLER, 0000 DARYL L. * COLLINS, 0000 DESMOND V. BAILEY, 0000 CHRISTOPHER C. * BRESKO, 0000 MICHAEL P. * COLLINS, 0000 ROBERT G. * BAILEY, 0000 BRIAN D. * BRITTAIN, 0000 RICHARD C. COLLINS, 0000 VINCENT P. BAILEY, 0000 TIMOTHY S. * BROADENAX, 0000 PATRICK T. COLLOTON, 0000 MARSHANNA BAINGIPSON, 0000 KEVIN * BROADNAX, 0000 JOHN D. COLWELL, JR., 0000 JAMES J. * BAIRD III, 0000 WILLIAM F. * BROCKMAN III, 0000 KRIS M. COLWELL, 0000 THOMAS R. * BAIRD, 0000 JARETT D. BROEMMEL, 0000 KEVIN A. COMFORT, 0000 DARIEN L. BAISLEY, 0000 WILLIAM H. * BROOKS, 0000 CHRISTOPHER D. COMPTON, 0000 TODD E. * BAJAKIAN, 0000 ANGELIQUE O. * BROUGH, 0000 WILLIAM M. CONDE, 0000 BRIAN K. * BAKER, 0000 ERIC L. BROWN, 0000 MATHEW M. * CONDRY, 0000 JEFFREY E. BAKER, 0000 GEORGE B. * BROWN III, 0000 JASON P. * CONROY, 0000 KOO BAKER, 0000 JUSTIN W. BROWN, 0000 BRADLEY J. COOK, 0000 MICHAEL D. * BAKER, 0000 KELVIN D. * BROWN, 0000 ROBERT J. COOK, 0000 PATRICK J. * BAKER, 0000 ROBERT S. BROWN, 0000 KELVIN K. COOPER, 0000 PHILLIP C. * BAKER, 0000 DUDLEY C. * BROWNELL III, 0000 WILLIAM F. * COREY, JR., 0000 SCOTT R. BAKER, 0000 TODD A. * BROWNING, 0000 MICHAEL W. CORLEY, 0000 THOMAS M. BALLENGER III, 0000 JAMES E. * BROWNLEE, JR., 0000 STACEY P. * CORN, 0000

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00058 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15622 CONGRESSIONAL RECORD—SENATE July 12, 2005

LAWRENCE E. CORNETT, 0000 TROY N. * ELLIS, 0000 JAMES J. GODFREY, 0000 TRAVIS W. CORNETT, 0000 BRENT A. ELROD, 0000 DAVID E. * GOFORTH, 0000 BRANT R. * CORNISH, 0000 DAVID P. ELSEN, 0000 ELLIOTT Q. * GOMEZ, 0000 JIM B. * CORRELL, 0000 BRAD W. ENDRES, 0000 SERGIO A. * GONZALES, 0000 ERNESTO A. CORTEZ, 0000 MICHAEL C. * ENOS, 0000 MICHAEL G. * GONZALEZ, 0000 BRENT D. * CORYELL, 0000 JARED B. * ERICKSON, 0000 SAUL * GONZALEZ, 0000 ORLANDO V. COSME, 0000 DANIEL A. * ERKER, 0000 DAVID W. * GORDON IV, 0000 MARVA D. * COURTNEY, 0000 MATTHEW D. ERLACHER, 0000 THOMAS R. * GORDON, JR., 0000 LAWRENCE M. COUSINS, 0000 JASON L. ERWIN, 0000 EDWARD C. GOSLINE III, 0000 DERICK F. * COWART, 0000 JOSEPH E. ESCANDON, 0000 AVERY B. GOSS, 0000 CLINTON W. * COX, 0000 JOHN P. * ESPINOSA, 0000 SIDNEY M. * GOURDINE II, 0000 DOUGLAS B. CRANDALL, 0000 SHANNON ESPINOZA, 0000 WILLIAM T. GRAHAM III, 0000 BARBARA R. * CRAWFORD, 0000 MICHAEL L. ESSARY, 0000 DEANNA M. * GRANDE, 0000 SHAWN P. * CREAMER, 0000 MARCOS A. ESTRADACASTRO, 0000 EILEEN I. * GRANFIELD, 0000 DAVID J. * CREASMAN, 0000 CHARLES D. EVANS, 0000 JOHN M. GRANTZ, 0000 STEPHANIE M. CREASMAN, 0000 EDWARD R. EVANS III, 0000 RICHARD A. GRAVES, 0000 DAVID W. * CRIPE, 0000 LAKEI C. * EVANS, 0000 THOMAS L. * GRAVLEE, 0000 JOHN R. * CRISAFULLI, 0000 TAWNYA S. EVANS, 0000 ALONZO A. GRAY, 0000 JESSE A. CRISPINO, 0000 JASON A. EVERS, 0000 TRAVIS B. * GRAY, 0000 DALE S. CROCKETT, 0000 JOSEPH E. * FAGAN, 0000 THOMAS M. GRECO, 0000 EDWARD C. CROOT, 0000 CHARLES D. * FAINT, 0000 DAMIAN A. * GREEN, 0000 COREY L. CROSBIE, 0000 DUANE A. * FAIRFAX, 0000 MICHAEL L. * GREEN, 0000 IRVING H. CROSS, JR., 0000 CARL J. * FAISON, 0000 ROCHELLE Y. GREEN, 0000 RODNEY J. * CRUM, 0000 RAY C. * FALLARIA, 0000 MICHAEL H. GREENBERG, 0000 MATTHEW J. * CRYSTAL, 0000 GARY E. * FARLEY, JR., 0000 CHARLES E. * GREENE, 0000 LUIS A. * CUBILLANHERNANDEZ, 0000 SYLVIA * FARMER, 0000 JOEL M. * GREER, 0000 BENJAMIN F. * CURETON, 0000 PETER W. * FARRELL, 0000 JEFFREY S. GRIBSCHAW, 0000 RICHARD E. * CURETON, JR., 0000 KATHLEEN B. * FARREN, 0000 JON D. GRIESE, 0000 JASON A. CURL, 0000 DAVID M. * FAULK, 0000 JENNIFER S. * GRIFFIN, 0000 DANIEL J. CURTIS, 0000 MICHAEL J. FAZIO, 0000 PATRICK M. * GRIFFIN, 0000 JASON D. * CZAR, 0000 RYAN D. FEARNOW, 0000 RUDOLPH C. * GRIMES, 0000 WESLEY G. * DABNEY, 0000 ROBERT S. * FEATHERS, 0000 DENNIS M. GRIMSLEY, 0000 MATTHEW B. * DALE, 0000 ANGEL M. FELICIANOCASILLAS, 0000 HEATHER J. GRODINPUTMAN, 0000 TIMOTHY G. * DALTON, 0000 ERICH M. FELLENZ, 0000 JOHN D. * GROH, 0000 AMIT P. * DANIEL, 0000 THOMAS B. FENOSEFF, 0000 DUANE K. * GROHMANN, 0000 DAVID J. * DANIELS II, 0000 YOLANDA S. * FERGERSON, 0000 AARON M. * GROSS, 0000 LESLIE E. DARLING, 0000 ANDREW T. * FERGUSON, 0000 KEVIN J. * GROTH, 0000 MARY M. * DASILVA, 0000 ALFREDO E. * FERRER, 0000 GREGORY J. * GRUSENMEYER, 0000 DEXTER B. DAVIS, 0000 JUSTIN S. FIEW, 0000 PAUL B. GUNNISON, 0000 GEORGE W. DAVIS, 0000 JASON E. FIGUEIREDO, 0000 DAVID J. * GUTHRIE, 0000 HAROLD K. * DAVIS, 0000 JENNIFER P. FINCH, 0000 MATTHEW H. HAAS, 0000 JOHN C. * DAVIS, 0000 KEVIN E. FINCH, 0000 BRIAN J. HACKENBERG, 0000 JOHN P. DAVIS, 0000 KEVIN L. * FITTZ, 0000 JUSTEN D. HACKENBERG, 0000 JOSEPH C. * DAVIS, 0000 PATRICIA M. FITZGERALD, 0000 LYLE L. * HACKETT, 0000 JOSEPH M. * DAVIS, 0000 SCOTT W. * FITZGERALD, 0000 GEORGE C. * HACKLER, 0000 ROGER K. * DAVIS, 0000 TOY G. * FLORES, 0000 DEWEY C. HAINES, 0000 SCOTT T. * DAVIS, 0000 THOMAS M. * FLOYD, JR., 0000 CHRISTINE E. * HALE, 0000 WILLIAM A. DAVIS III, 0000 LUIS M. FONTANEZROLON, 0000 JOHN F. HALL, 0000 WILLIAM E. DAVIS, 0000 ANTHONY O. * FONTES, JR., 0000 JOSEPH E. HALLORAN IV, 0000 JOHNATON L. * DAWBER, 0000 BRETT C. FORBES, 0000 SCOTT M. * HALTER, 0000 KEITH L. * DAWSON, 0000 MICHAEL D. FORBIS, 0000 ROBERT D. HALVORSON, 0000 PHILIP H. * DAWSON, 0000 CHRISTOPHER A. FORD, 0000 GALE A. * HAMILTON, 0000 ALLISON L. DAY, 0000 DEMENIAN A. * FORD, 0000 MATTHEW T. HAMILTON, 0000 ERIC J. * DEAL, 0000 GREGORY J. * FORD, 0000 RAPHEAL J. HAMILTON, 0000 MICHAEL R. * DEAN, 0000 WILLIAM J. * FORE, 0000 GEORGE L. HAMMAR IV, 0000 JOSEPH S. DEGLIUOMINI, 0000 GREGORY S. FORTIER, 0000 WILLIAM J. HAMPTON, 0000 ANDREW J. DEKEVER, 0000 YVETTE * FOSTER, 0000 DONALD E. * HANNAH, 0000 ANTHONY R. * DEKEYZER, 0000 ALBERT R. * FOX, JR., 0000 MICHAEL P. * HANSEN, 0000 ANTONIO * DELGADO, 0000 IAN E. FRANCIS, 0000 ROGER S. * HARBISON, 0000 TRAVIS C. DELK, 0000 MICHAEL P. * FRANK, 0000 ROBERT J. * HARDING, 0000 RICHARD A. DENNIS, 0000 RONALD L. * FRANKLIN, JR., 0000 TIMOTHY L. * HARDY, 0000 MATTHEW S. DENNY, 0000 JOHNATHAN B. FRASIER, 0000 PATRICK K. HARKINS, 0000 JEROME F. DENTE, 0000 STEVEN J. FREDERIKSEN, 0000 KEITH G. * HARLEY, 0000 JAMES M. DEPOLO, JR., 0000 JAMES J. FREESE, 0000 GROVER C. HARMS, JR., 0000 ALEXANDER G. * DERANEY, 0000 LUIS A. FREGOSO, 0000 CHAD M. HARRIS, 0000 DANNY M. DEVEREAUX, JR., 0000 PHILLIP A. * FRERES, 0000 CHAD M. * HARRIS, 0000 KAREN J. * DILL, 0000 DARREL J. * FREUND, 0000 DUSTIN K. HARRIS, 0000 RYAN S. DILLON, 0000 ERNEST A. FREUND, 0000 RICKEY E. HARRIS, 0000 ABRAHM C. DIMARCO, 0000 TIMOTHY R. * FULLER, 0000 SIDNEY A. * HARRIS, 0000 MICHEL D. * DINESMAN, 0000 CARLTON A. * FULMORE, 0000 TANYA L. * HARRIS, 0000 DAVID S. DINKELMAN, 0000 JOSEPH A. * FUNDERBURKE, 0000 VICTOR H. HARRIS, 0000 ROBERT B. * DIXON, 0000 DONOVAN O. FUQUA, 0000 PETER G. HART, 0000 BRAD L. DOBOSZENSKI, 0000 ARMAND L. GADOURY, 0000 JOSEPH E. * HARTEL, 0000 NEIL B. * DOHERTY, 0000 DEZZAIRE D. * GADSDEN, 0000 MELISA D. * HARTIGAN, 0000 BRIAN J. * DOLAN, 0000 ROBERT A. * GAGNON, 0000 ANTHONY J. HARTSOOK, 0000 JULIAN A. DOMINGUEZ, 0000 NISIT A. * GAINEY, 0000 BRADLEY P. * HARVEY, 0000 DENNIS P. * DONEGAN, JR., 0000 WILLIAM A. * GALINGER, 0000 STEPHEN S. HARVEY, 0000 JAMES T. * DONOVAN, 0000 MARK S. GALLAGHER, 0000 ROBERT J. HASKIN, 0000 JAMES R. DOOLEY, 0000 WILLIAM S. GALLAWAY, 0000 RONALD C. HASZ, 0000 DARRELL A. DOREMUS, 0000 ISAAC C. * GALLEGOS, 0000 JASON M. HATCH, 0000 THOMAS W. * DORREL, JR., 0000 JOANNE S. * GALVIN, 0000 JAMEY P. HAUKAP, 0000 JAMES L. DOTY III, 0000 ADAM * GAMEZ, 0000 DONALD A. HAUSSER, JR., 0000 MICHAEL A. DOUGLAS, 0000 ROBERT J. GARBARINO, 0000 BRANDON H. HAVRON, 0000 WILLIAM M. * DOWLING, 0000 WILLIAM B. GARBER III, 0000 JOSEPH A. * HAWKINS, JR., 0000 STEVEN T. * DOWNEY, 0000 RICHARD R. GAREY, 0000 SAMUEL W. * HAYDEN, 0000 CHARLES P. DOWNIE, 0000 JAMES M. * GARRETT, 0000 BYRON S. * HAYES, 0000 JONATHAN H. DOYLE, 0000 RAYFUS J. GARY, 0000 JAMES E. HAYES, 0000 DEREK J. * DRAPER, 0000 RANDOLPH C. * GAUDET, 0000 NICOLE B. * HAYES, 0000 JOHN A. * DRAZENOVICH, 0000 JERRY E. * GAUSSOIN, JR., 0000 JUSTIN M. HAYNES, 0000 FREDERICK J. DUFAULT, 0000 WAYNE J. GAVIN, 0000 MARVIN G. HAYNES IV, 0000 RICHARD A. DUNBAR, 0000 EDWARD J. GAWLIK III, 0000 BENNETT E. HAYTH, 0000 RICHARD L. DUNTON, 0000 CURTIS P. GEIGER, 0000 DANIEL J. HEAPE, 0000 LUIS A. DUPERON, 0000 ISABEL E. GEIGER, 0000 CHRISTOPHER K. * HEATH, 0000 MICHAEL C. * DUSABLON, 0000 JOHN D. * GEMIN, 0000 CHRISTOPHER A. HEBERER, 0000 MICHEL L. * DUVAL, 0000 MARCUS A. * GENGLER, 0000 JENNIFER S. HEBERT, 0000 SEAN P. DUVALL, 0000 LAWRENCE E. * GEORGE, 0000 RAINER J. * HEBERT, 0000 JOHN R. DYKE III, 0000 PATRICIA L. GEORGE, 0000 RICHARD D. HEMMELGARN, 0000 THOMAS S. EARNHARDT, 0000 RANDY D. * GEORGE, 0000 DUANE I. HENDERSON, 0000 MARY T. * EBERST, 0000 COREY S. GERVING, 0000 GARY E. HENDERSON, 0000 JAY L. * ECKHART, 0000 RODNEY M. * GIBSON, 0000 STUART W. * HENRY, 0000 JAMES F. EDMONDS, 0000 KURT D. GIESE, 0000 BRADLEY J. HERMAN, JR., 0000 YVONNE V. EDMONDS, 0000 GLENDA A. * GILL, 0000 AXEL * HERNANDEZ, 0000 DANIEL H. * EDWAN, 0000 MATTHEW T. * GILL, 0000 FRANCES R. * HERNANDEZ, 0000 BRYAN D. * EDWARDS, 0000 MARK C. * GILLESPIE, 0000 MANUEL HERNANDEZ, JR., 0000 DEYNEL M. EDWARDS, 0000 SCOTT D. GILMAN, 0000 RENE G. * HERNANDEZ, 0000 DOMINICK L. EDWARDS, 0000 JOHN W. GIOP, 0000 LUIS R. HERNANDEZGUARDIOLA, 0000 HEATHER C. * EDWARDS, 0000 JOHN C. GIORDANO, 0000 DAVID * HERNANDEZMORALES, 0000 JEFFREY J. * EDWARDS, 0000 DARRYL W. * GLASS, 0000 BRENT E. * HERSHEY, 0000 STEPHEN F. * ELDER, 0000 II G. * GLASS, 0000 RICHARD H. HETHERINGTON, 0000 EDWARD D. ELDRIDGE, 0000 MICHAEL A. GLODE, 0000 NICOLE M. * HEUMPHREUS, 0000 DANIEL P. * ELLINGER, 0000 BRANDON S. GLOVER, 0000 JENIFER E. * HEY, 0000 DANIEL G. * ELLIOTT, 0000 CHRISTOPHER N. * GLOVER, 0000 MARCREASE L. * HICKS, 0000

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15623

JOSHUA P. HIGGINS, 0000 MICHAEL J. * KING, 0000 ALEXANDER D. MACCALMAN, 0000 JUSTIN L. HIGHLEY, 0000 STEFAN S. * KING, 0000 KELLY G. MACDONALD, 0000 ANGELA L. * HILDEBRANT, 0000 MATTHEW S. KINKEAD, 0000 HEATHER L. * MACK, 0000 ALBERT C. * HILL, JR., 0000 MILTON L. KINSLOW, 0000 TIMMY R. * MACK, 0000 KELSIE C. * HILLHUSTON, 0000 KEVIN L. * KIRBY, 0000 JILL L. * MACKIN, 0000 JAMES T. * HILLIAN, JR., 0000 WILLIAM L. * KIRBY, 0000 ANDREW F. MACLEAN, 0000 BRETT J. * HISSAM, 0000 SCOTT W. KIRKPATRICK, 0000 JON P. MADDALONI, 0000 ERIC M. * HIU, 0000 TIMOTHY W. * KLENSKE, 0000 RYAN O. MAENDER, 0000 EDWARD L. HOBBS, 0000 JOSEPH KLOIBER, 0000 TOBIAS M. * MAGAN, 0000 CHRISTOPHER D. HOCKENBERRY, 0000 JONATHAN P. KLUG, 0000 JESSE L. * MAGGITT, JR., 0000 FREDERICK A. HOCKETT, JR., 0000 RODGER D. KNEDEL, 0000 VERONICA H. * MAGNOTTO, 0000 JOSEPH J. * HODGSON, 0000 MATTHEW H. KNORR, 0000 TOBIN A. MAGSIG, 0000 LINNEN E. HODO, 0000 DANIEL L. * KNOTT, 0000 MELVIN T. MAGSINO, 0000 EDWIN D. * HOENIG, 0000 HYUNJU V. * KO, 0000 MICHAEL I. * MAHARAJ, 0000 GARY A. * HOFFMAN, JR., 0000 SCOTT W. * KOAST, 0000 DENNIS C. MAJOR, 0000 LANNY A. HOGABOOM II, 0000 MICHAEL A. * KOEHL, 0000 SEAN J. MALIK, 0000 CHARLES P. * HOGEBOOM IV, 0000 KEVIN W. KOERNER, 0000 HENRIQUE C. * MALINVERNI, 0000 GREGORY L. HOLDEN, 0000 MATTHEW J. * KONZ, 0000 BRIAN J. * MALISZEWSKI, 0000 CHRISTOPHER R. * HOLLIFIELD, 0000 MICHAEL KORNBURGER, 0000 SCOTT J. * MALONE II, 0000 DAVID A. HOLLIS, 0000 CHERYL R. * KORVER, 0000 JOHN B. * MALONEY, 0000 FRANK L. * HOLMES, 0000 MICHAEL J. * KOVACS, 0000 ANTHONY T. * MANERI, 0000 KENNETH K. * HOLMSTROM, 0000 ERIC G. KRANTZ, 0000 ISAAC C. * MANIGAULT, 0000 PETER H. * HOPEWELL, 0000 PAUL J. KREMER, 0000 JOHN P. * MANUEL III, 0000 ANDREA V. * HOPSON, 0000 ROBERT J. * KRESS, 0000 GERALD G. * MAPP, 0000 ROBERT E. HORNE, 0000 TIMOTHY R. * KREUTTNER, 0000 STEPHEN T. MARCHANT, 0000 KEVIN G. HOSIER, 0000 ROBERT A. KRIEG, 0000 TANYA T. MARKOW, 0000 MARK C. HOUSTON, 0000 BRIDGET A. KROGER, 0000 RAUL E. * MARQUEZHERNANDEZ, 0000 LOWELL E. * HOWARD, JR., 0000 SCOTT C. * KRUSE, 0000 RYAN M. MARRO, 0000 JEFFREY M. HOWELL, 0000 JOSEPH P. KUCHAN, 0000 HUNTER M. MARSHALL, 0000 JONATHAN D. * HOWELL, 0000 NICOLE J. * KUCZYNSKI, 0000 TODD H. MARSHBURN, 0000 STEPHEN M. * HOWELL, 0000 CORNELIUS W. KUGLER, 0000 HARRY C. * MARSON, 0000 JOHN M. * HUBBARD, 0000 STEVEN A. * KUHAIDA, 0000 CHASE S. * MARTIN, 0000 TIMOTHY L. * HUDSON, 0000 CHRISTOPHER T. KUHN, 0000 CHRISTOPHER S. * MARTIN, 0000 SEAN F. * HUGGINS, 0000 MICHAEL J. KULIKOWSKI, 0000 DANIEL P. * MARTIN, 0000 ANTHONY V. * HUGHES, 0000 JOSEPH R. * KURZ, 0000 MISTY L. * MARTIN, 0000 ADRIAN L. * HUGHLEY, 0000 DOMINIC Y. * KUSUMOTO, 0000 REGINALD G. * MARTIN, 0000 CORT J. HUNT, 0000 DOUGLAS A. LABOUFF, 0000 RICHARD A. * MARTIN, 0000 MARK P. * HUNTANAR, 0000 JOSE R. LAGUNA, 0000 ROBERTO R. * MARTINEZ, 0000 LAURA A. * HUNTER, 0000 MICHAEL B. LALOR, 0000 JOHN R. 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MCAFEE, 0000 ERIK A. * JABLONSKI, 0000 SCOTT A. * LEBLOND, 0000 JAMES J. * MCANDREWS, 0000 CHARLES E. * JACK, 0000 THEODORE J. LECOUFFE, 0000 DANIEL J. MCAULIFFE, 0000 STEPHEN S. * JACKMAN, 0000 KARL F. * LEDEBUHR, 0000 KEVIN J. * MCAULIFFE, 0000 ANGELA K. JACKSON, 0000 DANIEL L. LEE, 0000 VIRGINIA A. MCCABE, 0000 CHAD S. * JACKSON, 0000 JAMES K. * LEE, JR., 0000 STUART T. * MCCALL, 0000 KATHRYN A. JACKSON, 0000 ERIC W. LEETCH, 0000 HUGH P. * MCCAULEY, 0000 MICHAEL J. * JACKSON, 0000 RYAN T. * LEHMAN, 0000 RYAN W. MCCAUSLAND, 0000 EDWARD M. * JAGODZINSKI, 0000 DARREN D. * LEMASTER, 0000 MICHAEL C. MCCAY, 0000 JAMES M. * JAMES, 0000 KELLEY A. * LEMONS, 0000 DERRICK W. * MCCLUSKEY, 0000 MARLON T. * JAMES, 0000 HEATHER A. * LENTZ, 0000 JEFFREY A. * MCCOWEN, 0000 GREGORY C. * JANKOWIAK, 0000 DOUGLAS R. LEONARD, 0000 JIMMY P. * MCCRILLIS, 0000 CHRISTOPHER A. * JAY, 0000 SHAWN E. LEONARD, 0000 IAN A. MCCULLOH, 0000 MICHAEL R. * JAZDYK, 0000 JOHN F. LEOPOLD, 0000 KIMEISHA Y. * MCCULLUM, 0000 JASPER JEFFERS III, 0000 MICHELLE M. * LETCHER, 0000 ERIN A. * MCDANIEL, 0000 PHILLIP G. JENISON, 0000 CHRISTOPHER M. * LEU, 0000 KENNETH P. MCDANIEL III, 0000 JOE D. * JENNINGS, 0000 ALEXANDER F. LEWIS, 0000 JOHN J. MCDERMOTT III, 0000 PAIGE M. JENNINGS, 0000 APISIT * LEWIS, 0000 PATRICK H. * MCDOLE, 0000 JAMES H. JENSEN, 0000 CHAD B. LEWIS, 0000 BRENT L. * MCDONALD, 0000 PETER R. JENSEN, 0000 FRANKLIN B. * LEWIS, JR., 0000 BRIAN D. MCDONALD, 0000 PETER J. JERZAK, 0000 GEORGE D. LEWIS IV, 0000 JEFF H. MCDONALD, 0000 MATTHEW A. JESOP, 0000 MARK A. LIBBY, 0000 WILLIAM P. MCDONOUGH, 0000 CHARLES L. * JOHNSON, 0000 DAVID T. * LIBERT, 0000 SCOTT M. MCFARLAND, 0000 ERIC M. JOHNSON, 0000 JASON T. LIDDELL, 0000 GEORGE F. MCGRATH III, 0000 MARCUS P. * JOHNSON, 0000 CHRISTOPHER R. LIERMANN, 0000 LADD D. MCGRAW, 0000 MARILYN M. * JOHNSON, 0000 ANDREW N. * LIFFRING, 0000 MICHAEL J. * MCGUIRE, 0000 MARK C. JOHNSON, 0000 PETER A. LIND, 0000 SCOTT W. * MCINTOSH, 0000 MICHAEL W. JOHNSON, 0000 TRAVIS J. LINDBERG, 0000 ANDREW S. MCINTYRE, 0000 RICHARD H. JOHNSON, JR., 0000 JOEL S. * LINDEMAN, 0000 KELLEY L. * MCINTYRE, 0000 WILLIAM W. * JOHNSTON, 0000 KARL S. * LINDERMAN, 0000 DANIEL S. MCKEEGAN, 0000 SEBASTIEN P. * JOLY, 0000 JOSEPH M. * LINDQUIST, 0000 CHRISTOPHER T. MCKINNEY, 0000 DAMAR K. * JONES, 0000 ERIC N. * LINDSAY, 0000 WILLIAM J. MCKNIGHT, 0000 JACKIE D. JONES, JR., 0000 TIMOTHY A. * LINDSAY, 0000 GEOFFREY A. * MCLAUGHLIN, 0000 JASON J. * JONES, 0000 JOHN D. * LINDSEY, 0000 WANDA Y. * MCLEAN, 0000 OLIVIA A. * JONES, 0000 WILLIAM D. LINN II, 0000 THELONIOUS F. * MCLEANBURRELL, 0000 ALVIN L. * JORDAN, JR., 0000 ABIGAIL T. LINNINGTON, 0000 MICHAEL G. * MCLENDON, 0000 WILLIAM L. * JUDSON, 0000 JOSEPH L. * LISELLA, 0000 THOMAS A. MCNALLY, 0000 JONG H. JUN, 0000 DAVID A. * LITTLE, 0000 MICHAEL B. * MCNEELY, 0000 THEOPHILE KANG, 0000 MATTHEW R. LITTLE, 0000 JAMES K. * MCPHERSON, 0000 MARK G. KAPPELMANN, 0000 JOHN T. * LITZ, 0000 SEAN J. * MCWILLIAMS, 0000 DEBORAH S. KARAGOSIAN, 0000 BRIAN S. LOCKE, 0000 JASON A. * MEAD, 0000 BRIAN A. KASTNING, 0000 ANDREW R. * LOEB, 0000 CHRISTOPHER * MEDINA, 0000 KREITON I. * KAWANO, 0000 BRIAN D. LOFTON, 0000 GRETCHEN M. MEIER, 0000 DANIEL J. * KEEL, 0000 RONALD E. LOFTON, JR., 0000 MICHELLE A. MEIER, 0000 ROGER L. * KEEN, JR., 0000 DERRICK C. LONG, 0000 BRIAN A. MEINSHAUSEN, 0000 RAYMOND D. * KELLER, 0000 JARED T. LONGFIELD, 0000 LOUIS P. MELANCON, 0000 ELLEN J. * KELLEY, 0000 ERIC P. LOPEZ, 0000 BRIAN C. * MELLEN, 0000 MILTON G. KELLY, 0000 WALTER * LOPEZ, 0000 RICHARD V. MELNYK, 0000 JEMAINE L. * KEMP, 0000 BRETT K. LORD, 0000 OTMARO MENJIVAR, 0000 MATTHEW R. * KENT, 0000 DARREN R. * LORE, 0000 DOUGLAS W. * MERRITT, 0000 STEPHEN J. KENT, 0000 DANIEL K. * LORENZEN, 0000 CHRISTOPHER G. * MESSINA, 0000 KEVIN H. KERBY, 0000 JOHN M. * LORENZEN, 0000 MARK D. * METZGER, 0000 LEONARD W. KERGOSIEN, 0000 SHAUN S. LOTT, 0000 RUSSELL D. MEYER, 0000 MATTHEW F. KETCHUM, 0000 JAMES B. * LOVE, 0000 RICHARD L. MICHAELS, 0000 JASON T. KIDDER, 0000 KEVIN J. * LOVELL, 0000 JOHN C. MICHAUD, 0000 DOUGLAS D. KIM, 0000 GREGORY M. LUEDERS, 0000 ROBERT J. MIKESH, JR., 0000 RAYMOND A. KIMBALL, 0000 JESUS R. * LUGORAMIREZ, 0000 MELISSA C. * MILES, 0000 JAMES M. KIMBROUGH IV, 0000 JEREMIAH C. LUMBACA, 0000 TRICA M. MILES, 0000 WARREN E. KIMMEL, 0000 WENDY Y. * LUPO, 0000 CHARLES L. * MILLER, 0000 CHARLES R. KING, 0000 JON A. LUST, 0000 HILARY J. MILLER, 0000 CURTIS W. KING, 0000 CREDE J. * LYONS, 0000 JOHN A. MILLER, 0000 DARREN L. * KING, 0000 ROMEO R. MACALINTAL, JR., 0000 KIMBERLY K. * MILLER, 0000

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LUTHER A. * MILLER, JR., 0000 MICHAEL G. * PADAR, 0000 JETH B. REY, 0000 TIMOTHY W. * MILLER, 0000 WILLIAM P. * PADJUNE, 0000 MICHAEL A. REYBURN, 0000 WILLIAM P. * MILLER, JR., 0000 JENNIFER A. PAGE, 0000 JORGE A. REYES, 0000 TRENT I. * MILLS, 0000 JOHN D. PAGE, 0000 EDWIN REYESMONTANEZ, 0000 GEORGE O. * MIMS, 0000 DAVID J. PALAZZO, 0000 JOHN M. * REYNOLDS, 0000 KARL L. * MIMS, 0000 CHARLES G. * PALMER IV, 0000 NATHAN P. * REYNOLDS, 0000 ROBERT A. * MITCHELL, 0000 JASON N. PALMER, 0000 JESUS T. REYNOSO, 0000 CHARLES F. MOEHLENBROCK, 0000 MARK A. * PAPPAL, 0000 STEPHEN M. * RHUDY, JR., 0000 MATTHEW W. * MOFFITT, 0000 JUSTIN M. * PARKER, 0000 DANIEL L. RICE, 0000 MACEDONIO R. * MOLINA, 0000 WILLIAM M. PARKER, 0000 MASON J. RICE, 0000 KAREEM P. MONTAGUE, 0000 GREGORY * PARKINS, 0000 THOMAS J. RICE, 0000 RAPHAEL B. * MONTGOMERY, 0000 MARK E. PARSONS, 0000 ARIE C. RICHARDS, 0000 DARYL E. * MONTOOTH, 0000 MICHAEL D. * PARSONS, 0000 JOHN P. RICHARDS, 0000 PAUL M. * MOODY, 0000 SAMUEL L. PARTON, 0000 JOHNNIE L. * RICHARDSON, JR., 0000 FELIPE C. * MOON, 0000 RODEL F. * PASIBE, 0000 ROLAND C. * RICHARDSON, 0000 MICHAEL T. * MOORE, 0000 ROBERT S. * PATTON, JR., 0000 BRIAN K. * RICHIE, 0000 JULIO V. * MORALES III, 0000 ERIC W. PAVLICK, 0000 WALTER E. * RICHTER, 0000 JEFFREY T. * MORAN, 0000 MATTHEW C. * PAYNE, 0000 BRETT J. * RIDDLE, 0000 MICHAEL P. * MORAN, 0000 WILLIAM D. PAYTON, 0000 PAUL H. * RIGBY, 0000 MARIA L. * MORGAN, 0000 BRIAN A. PEDERSEN, 0000 TIMOTHY C. * RIGGS, 0000 RANDOLPH M. * MORGAN, 0000 MEGAN B. PEGUERO, 0000 JAMES F. RILEY, 0000 SHANE P. * MORGAN, 0000 SAMUEL * PENA, 0000 JASON G. * RILEY, 0000 JEROME S. MORRISON, 0000 JON S. PENDELL, 0000 JAWARA RILEY, 0000 JASON A. MORROW, 0000 KATHERINE L. PENDRY, 0000 LORENZO P. RIOS, 0000 JOHN C. MORROW, 0000 JOSEPH J. * PENNINGTON, 0000 STEVEN D. RIOS, 0000 SINLAN MORROW, 0000 STEPHANIE T. PENNINGTON, 0000 MICHAEL T. RITTENHOUSE, 0000 KEVIN D. * MORSE, 0000 JOSE N. PEREIRA, 0000 MONIQUE N. RIVERA, 0000 THEDRIC J. * MOSELEY, 0000 KEVIN J. PERERA, 0000 ALVARO F. * ROA, 0000 BRADLEY D. * MOSES, 0000 ROBERTO * PEREZ, 0000 WALTER G. ROBERSON, JR., 0000 CHRISTOPHER L. * MOSLEY, 0000 RALPH N. PERKINS IV, 0000 KURT W. ROBERTS, 0000 FRANCIS R. MOSS, 0000 DAVID R. * PERRY, 0000 GREGORY D. * ROBERTSON, 0000 JOHN C. MOSTELLAR, 0000 HENRY C. PERRY, JR., 0000 JEFFERY D. ROBERTSON, 0000 MARCUS A. * MOTLEY, 0000 MICHAEL N. * PERRY, 0000 BRIAN L. * ROBINSON, 0000 DANIEL E. MOUTON, 0000 JAY L. * PERSONS, 0000 CORINNA A. * ROBINSON, 0000 HAROLD L. MOXLEY, 0000 LEE I. PETERS III, 0000 ZANDRA D. * ROBINSON, 0000 ANDREW S. MOY, 0000 RICHARD G. PETERSEN, JR., 0000 ADAM C. * RODGERS, 0000 VANESSA Y. MOYE, 0000 STEVEN A. * PETERSEN, 0000 LUIS A. * RODRIGUEZ, 0000 RICHARD A. MOYERS, 0000 AARON L. * PETERSON, 0000 RICCARDO * RODRIGUEZ, 0000 STEVEN E. * MUNDY, 0000 ERIC R. PETERSON, 0000 SAMUEL R. RODRIGUEZ, 0000 JENNIFER A. MUNRO, 0000 KEVIN L. * PETERSON, 0000 EARL D. * ROE, JR., 0000 DAVID J. * MURPHY, 0000 WILLIAM R. PETERSON, 0000 JOHN H. * ROGAN, 0000 JEANJACQUES T. MURPHY, 0000 PAUL A. * PFEIFFER, 0000 ALAN G. * ROGERS, 0000 ROBERT A. MURPHY, 0000 KIMBERLY D. PHILLIPS, 0000 KENNETH L. ROGERS, 0000 STEPHEN O. MURPHY, 0000 ROBERT L. * PHILLIPS III, 0000 LUIS E. * ROJAS, 0000 CHRIS H. * MURRAY, 0000 GARY D. * PHILMAN, 0000 EDLEBECK N. * ROLLING, 0000 ROBERT C. * MURRAY, 0000 ROBIN K. PICKEL, 0000 PAUL R. ROMANO, 0000 MARGARET M. * MUSSER, 0000 ROBYN L. * PIETRON, 0000 ROBERT P. * ROMANS, JR., 0000 RONALD E. * MUSSONE, 0000 OSCAR PINTADORODRIGUEZ, 0000 CHRISTOPHER J. * ROMERO, 0000 KEVIN Y. NABB, 0000 JEROME L. PIONK, 0000 JASON E. * RONCORONI, 0000 FREDERICK G. * NACE, JR., 0000 STEVEN R. * PIOTROWSKI, 0000 RICHARD K. ROPER, 0000 WILLIAM C. * NALL, 0000 JOSEPH C. PISANI, JR., 0000 KATHERINE V. ROSE, 0000 GREGORY J. NARDI, 0000 JOSEPH M. PISHOCK, 0000 DONALD J. ROSS II, 0000 THOMAS E. * NAUGLE, 0000 CHRISTOPHER S. * PITTMAN, 0000 FRED D. ROTHENBUSH, JR., 0000 SCOTT C. NAUMAN, 0000 WARREN L. PITTMAN, 0000 JESSICA L. * ROWELL, 0000 SCOTT M. NAUMANN, 0000 DARMAN C. * PLACE, JR., 0000 PETER J. * ROWELL, 0000 JAMES T. NAYLOR, 0000 MICHAEL W. PLUMTREE, 0000 GARY D. ROWLEY, 0000 KEVIN T. NEAL, 0000 JESSE G. * POOLER, JR., 0000 MITCHELL A. * RUEDEBUSCH, 0000 GARY P. * NELON, 0000 TRACY M. * PORTER, 0000 JONATHAN A. RUFENACHT, 0000 JOHN E. NELSON, 0000 VINSTON L. * PORTER, JR., 0000 ROBERT W. * RUGG, 0000 KRISTEN A. NELSON, 0000 LAURA N. POSTON, 0000 MICHAEL J. * RUSSELL, 0000 WIL B. * NEUBAUER, 0000 JAREN P. * POWELL, 0000 THOMAS M. * RUSSELLTUTTY, 0000 MATTHEW P. NEUMEYER, 0000 SHANE P. * POWELL, 0000 MICHAEL J. * RUTHERFORD, 0000 ANTHONY E. NEW, 0000 SHERMAN S. POWELL, 0000 STEPHEN V. RUZICKA, 0000 STEPHEN T. NEWMAN, 0000 GARY L. * PRATER, 0000 SEAN J. * RYAN, 0000 KHOI T. * NGUYEN, 0000 MARGARET H. PRATT, 0000 TODD D. * SABALA, 0000 THOMAS H. NGUYEN, 0000 TED M. PREISTER, 0000 BILL N. * SABBAGH, 0000 KEVIN T. * NICHOLAS, 0000 ALAN E. * PREIZER, 0000 RAFAEL * SAENZ, 0000 JAMES E. * NICHOLS III, 0000 CARTER L. * PRICE, 0000 DENNIS A. * SALCEDO, 0000 JANET * NICKENS, 0000 FREDDIE B. * PRICE, 0000 ERICK J. * SALISBURY, 0000 LARRY * NIEDRINGHAUS, 0000 JAREN K. PRICE, 0000 MICHAEL J. * SALVO, 0000 SHANNON E. NIELSEN, 0000 KEVIN B. * PRICE, 0000 BRYAN W. SALYERS, 0000 JOHN T. NIEMEYER, 0000 RUSSELL M. * PRICE, 0000 AARON D. SAMMONS, 0000 COLIN P. NIKKILA, 0000 BRYCE D. PRINGLE, 0000 AARON A. SAMPSON, 0000 SETH A. NORBERG, 0000 CARL G. * PROBER, 0000 LEONA M. SANDERS, 0000 QUENTIN C. NOREIGA, 0000 KERRY S. PROWELL, 0000 PAUL R. SANDERS, 0000 KATRISA L. * NORWOOD, 0000 BRIAN K. * PRUITT, 0000 HECTOR I. * SANTOS, 0000 CLAY E. * NOVAK, 0000 NATHAN J. PRUSSIAN, 0000 MATTHEW C. * SAUNDERS, 0000 CHARLES G. * NOVOTNY, 0000 DOUGLAS A. * PRYER, 0000 RICHARD D. * SAVAGEAU, 0000 JASON J. * NOWAK, 0000 CHARLES A. PUDIL II, 0000 TIMOTHY L. SAVIDGE, 0000 SEAN M. * OBRIEN, 0000 CHRISTOPHER R. QUALE, 0000 ROBERT * SAYRE, 0000 JOSEPH M. * OCALLAGHAN, JR., 0000 ALAN J. * QUATTRIN, 0000 MATTHEW SCALIA, 0000 JOSE H. OCASIOSANTIAGO, 0000 WILLIAM N. RADICIC, 0000 JOSEPH E. * SCANLIN, JR., 0000 MARIO D. * OCHOA, 0000 RALPH J. RAGOSTA III, 0000 MICHAEL A. * SCARPULLA, 0000 SHAWN P. O’CONNOR, 0000 JASON M. RAILSBACK, 0000 FRANK P. * SCHANTZ, 0000 JEFFREY P. O’DONNELL, 0000 JEFFREY S. RAINS, 0000 ROBERT J. SCHEXNAYDER, 0000 KENNETH G. * O’DONNELL, 0000 ANTONIO D. RALPH, 0000 ADAM C. SCHLANG, 0000 CARL S. * OELSCHIG, 0000 CHAD O. * RAMBO, 0000 ROBERT F. SCHLICHT, 0000 ANDREW B. OFF, 0000 RENE * RAMOSRIVERA, 0000 CRAIG M. SCHLOZMAN, 0000 BENJAMIN R. OGDEN, 0000 HOPE C. RAMPY, 0000 MARTIN J. * SCHMIDT, 0000 PATRICK M. * O’HARA, 0000 RONALD V. * RANALLI, 0000 TIMOTHY J. * SCHMITT, 0000 TAMARA O. OHLHAVER, 0000 THOMAS B. RANSOM, 0000 DARCY L. SCHNACK, 0000 LANCE A. OKAMURA, 0000 THOMAS M. * RASCON IV, 0000 DEBORAH R. * SCHNEIDER, 0000 KEVIN P. O’KEEFE, 0000 RICHARD A. * RASSBACH, 0000 ARNOLD W. * SCHNOBRICH, 0000 ALEXA G. * O’LEARY, 0000 BRIAN C. * RAU, 0000 EDWARD J. SCHOBER III, 0000 PATRICK G. O’LEARY, 0000 BRENDAN C. RAYMOND, 0000 KURT P. SCHOMAKER, 0000 LARRY * OLIVE, 0000 MARK G. REARDANZ, 0000 ROBERT B. SCHOPF, 0000 MARSHAL R. * OLLER, 0000 GREGORY J. * RECK, 0000 THOMAS W. * SCHRADER, 0000 SHEILA M. * OLLISON, 0000 JEFFREY E. * REDECKER, 0000 JEFFREY C. * SCHRICK, 0000 DAVID J. * OLSON, 0000 PAUL M. * REEB, 0000 DARRYL T. * SCHROEDER, 0000 MICHAEL D. OLSON, 0000 KENNETH N. REED, 0000 GERD D. * SCHROEDER, 0000 ARTHUR L. O’NEAL, JR., 0000 KYLE A. * REED, 0000 ERIC * SCHULER, 0000 DANIEL L. O’NEAL, 0000 MARK J. * REED, 0000 SCOTT A. * SCHUMACHER, 0000 PATRICK S. O’NEAL, 0000 TIMOTHY J. * REED, 0000 STEVEN D. * SCHWANTES, 0000 CAMERON M. O’NEIL, 0000 BRADLEY L. REES, 0000 ERIC M. SCHWARTZ, 0000 KEVIN M. * O’NEIL, 0000 BRANDON E. REEVES, 0000 JAMES C. * SCHWARTZ, JR., 0000 JOSE R. * OROZCO, 0000 DONALD W. * REEVES, 0000 MATTHEW D. SCHWARTZ, 0000 AARON D. OSBURN, 0000 RYAN G. * REGTUYT, 0000 MARC A. SCOVILLE, 0000 CHRISTOPHER C. OSTBY, 0000 ERIC A. * REID, 0000 GREGORY C. * SCRIVENS, 0000 GARY R. * O’SULLIVAN, 0000 MATTHEW I. * REIMOLD, 0000 KENNETH A. * SCRUGGS, 0000 MARK P. OTT, 0000 JOHN T. * REINERT, 0000 STACY M. * SEAWORTH, 0000 JOSEPH E. PACE, 0000 RODRIGUEZ L. * REMIGIO, 0000 RAYMOND X. SEGARRASANTIAGO, 0000 ARTHUR A. * PACK, 0000 DANA E. RESNICK, 0000 STEPHEN R. * SEIGER, 0000

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15625

ALLAN M. * SELBURG, 0000 DAVID A. STRANGE, 0000 ELIAS G. * WAHESH, 0000 ADAM D. SELLERS, 0000 DONALD B. STREATER, 0000 ROY R. * WALDHOFF, 0000 TYRA S. * SELLERS, 0000 BRIAN C. STRIDER, 0000 BLAINE N. * WALES, 0000 SCOTT A. SENDMEYER, 0000 JENNIFER L. * STRIEGEL, 0000 JENNIFER S. WALKAWICZ, 0000 NANCY R. * SERMONS, 0000 ELISABETH P. * STRINGER, 0000 BERNETTE * WALKER, 0000 EDWIN S. * SERRANO, 0000 MATTHEW * STUBBS, 0000 JOHNNIE R. * WALKER, JR., 0000 TIMOTHY R. SHAFFER, 0000 BRENDA J. * SUGGARS, 0000 JOSHUA H. WALKER, 0000 JEFFREY A. * SHANER, 0000 PATRICK J. SULLIVAN, 0000 BRADLEY J. WALLACE, 0000 CONNIE E. SHANHOLS, 0000 SENODJA F. * SUNDIATA, 0000 KEVIN A. * WALLACE, 0000 MICHAEL P. * SHANNON, 0000 RICHARD J. * SUROWIEC, 0000 DOUGLAS R. WALTER, 0000 DAVID S. SHARE, 0000 MARNE L. SUTTEN, 0000 MARK D. WALTERS, 0000 WILLIAM J. SHAVCE, 0000 SULEV A. * SUVARI, 0000 JOHN P. WALTON, 0000 JEFFREY A. SHAW, 0000 CHRISTOPHER M. * SWANSON, 0000 CHRISTOPHER J. * WARD, 0000 JAY J. SHEBUSKI, 0000 JACOB C. * SWANTKOWSKI II, 0000 MARK S. WARDEN, 0000 KENNETH W. SHEETS, 0000 NATHAN M. * SWARTZ, 0000 BRIAN E. WARFEL, 0000 KEVIN L. * SHEGOG, 0000 ELIZABETH A. SWEENEY, 0000 STEPHEN * WARGO, 0000 JERAL J. * SHELTON, 0000 RICHARD L. * SWEET II, 0000 RONALD A. WARNER, 0000 ANTHONY E. SHEPARD, 0000 GRAHAM R. SWENSON, 0000 ANDREW H. * WARNINGHOFF, 0000 MARK B. SHERKEY, JR., 0000 JAMES B. SWIFT, 0000 MICHELLE G. * WASHINGTON, 0000 ADAM P. * SHERWOOD, 0000 STEPHEN P. SZYMANSKI, 0000 BRIAN T. WATKINS, 0000 HURLEY D. SHIELDS, 0000 RONALD J. TALARICO, JR., 0000 MICHAEL B. WEATHERS, 0000 THEODORE B. * SHINKLE, 0000 IAN J. TARASEVITSCH, 0000 LYDIA * WEATHERSPOON, 0000 CARLOS R. * SHIPPY, 0000 DAVID A. TARVIN, 0000 SETH A. WEAVER, 0000 ROBERT E. * SHOLL, 0000 NEIL TATOR, 0000 DAVID L. * WEBSTER, 0000 DONNIE L. * SHORT, 0000 DALE E. TAYLOR, JR., 0000 WILLIAM C. * WEDLEY, 0000 DAVID R. SHOUPE, 0000 JAMES S. TAYLOR, JR., 0000 SYLVESTER O. * WEGWU, 0000 SAMUEL S. SHRADER, 0000 T G. TAYLOR, 0000 ALEX L. WEHMEYER, 0000 JAMES D. * SIDES, 0000 TONY * TAYLOR, 0000 HEATHER E. WEIGNER, 0000 PAUL A. SIGLER, 0000 WILLIAM C. TAYLOR, JR., 0000 JEFFREY J. WEINHOFER, 0000 CHRISTOPHER A. SIKES, 0000 EDWARD B. TEAGUE IV, 0000 MATTHEW R. WEINSHEL, 0000 PHILIP J. * SILEVINAC, JR., 0000 JAMES C. * TEAGUE, 0000 DAVID C. * WELCH, 0000 ALFRED R. SILVA, 0000 KIRBY K. TEAGUE, 0000 SHAMAI T. WELLONS, 0000 ALEXANDER V. SIMMONS, 0000 JOSEPH T. * TEEHAN, 0000 CHARLOTTA D. WELLS, 0000 BRIDGETTE K. * SIMMONS, 0000 BRANDON R. TEGTMEIER, 0000 JAMES S. WELLS, 0000 NORBERT G. SIMONNET, 0000 JAMES L. * TENPENNY, 0000 PATRICK C. * WENTZ, 0000 RAYMOND T. SIMONS, 0000 TODD N. * TERRAL, 0000 RYAN M. WERLING, 0000 JOHN E. * SIMPSON II, 0000 STEPHEN D. TERSTEGGE, 0000 JAMES R. WEST, 0000 JASON B. * SIMS, 0000 LAWRENCE A. TESSIER II, 0000 DENNIS E. * WHEELER, 0000 STEVE S. * SIN, 0000 GREG R. THAYER, 0000 CHRISTOPHER M. * WHELAN, 0000 BRYAN K. SIZEMORE, 0000 ERICH R. THEN, 0000 EDWARD S. WHITAKER, 0000 SANDRA L. SIZEMORE, 0000 RYAN J. * THIESSEN, 0000 DALE M. WHITE, 0000 DANETTE * SKRAASTAD, 0000 ARMOND * THOMAS III, 0000 PAUL A. * WHITE, 0000 MICHAEL D. SLAVEN, 0000 CHRISTOPHER W. * THOMAS, 0000 STEPHANIE J. WHITE, 0000 ROBERT C. * SLOSSON, 0000 JOEL W. * THOMAS II, 0000 TIMOTHY D. WHITE, 0000 JEFFEREY A. * SLOWN, 0000 JOSEPH P. THOMAS, 0000 CLAUDE W. * WHITNEY, JR., 0000 MORGAN * SMILEY, 0000 STEPHEN * THOMAS, 0000 RYAN H. WHITTEMORE, 0000 BRADFORD W. SMITH, 0000 CHARLES S. * THOMPSON, 0000 JESSE R. * WIGHTMAN III, 0000 BRADLEY H. * SMITH, 0000 CHRISTOPHER R. THOMPSON, 0000 MARCUS A. * WILDY, 0000 BRIAN A. * SMITH, 0000 MARK W. THOMPSON, 0000 CARLOS A. * WILEY, 0000 CHARLES J. * SMITH, 0000 MICHAEL A. * THOMPSON, 0000 CURTIS D. * WILEY, 0000 CLOYD A. * SMITH, JR., 0000 MICHELE A. * THOMPSON, 0000 RONALD D. * WILKES, 0000 EDLYN E. * SMITH, 0000 DARIN J. THOMSON, 0000 PATRICK S. WILKINS, 0000 JASON E. * SMITH, 0000 DEREK K. THOMSON, 0000 DENNIS G. WILLE, 0000 JEFFRY A. SMITH, 0000 WILLIAM M. * THORNHILL II, 0000 JOHN C. * WILLIAMS, 0000 KEVIN Z. * SMITH, 0000 BRIAN R. TIDWELL, 0000 JOHN M. * WILLIAMS, 0000 REGINALD K. SMITH, 0000 MATTHEW J. * TIESZEN, 0000 KENNETH A. WILLIAMS, 0000 SAMUEL R. * SMITH, JR., 0000 MICHAEL S. * TITUS II, 0000 LEEVAINE * WILLIAMS, JR., 0000 STEVEN H. SMITH, 0000 BOGDAN T. * TOCARCIUC, 0000 LEON O. * WILLIAMS, 0000 TRACY L. * SMITH, 0000 ENRIQUE P. * TORRES, 0000 MICHAEL R. WILLIAMS, 0000 TYLER B. SMITH, 0000 ERIC B. TOWNS, 0000 RAYMOND E. * WILLIAMS, 0000 DERRICK C. * SMITS, 0000 GREGORY S. * TOWNSEND, 0000 RHONDA Y. * WILLIAMS, 0000 THOMAS L. SNOW, 0000 GREGORY S. TRAHAN, 0000 XAVIERA C. * WILLIAMS, 0000 VICTORIA L. * SNOW, 0000 KATHLEEN E. * TRANT, 0000 WESLEY J. WILLIAMSON, 0000 FREDERICK R. SNYDER, 0000 LOREN G. * TRAUGUTT, 0000 HERBERT R. * WILLINGHAM, JR., 0000 TOY Y. * SOBERS, 0000 STEVEN B. * TRAUM, 0000 PATRICK R. WILLIS, 0000 WAYNE C. SODOWSKY, 0000 THEODORE F. * TRAVIS, 0000 JAMES D. WILLSON, 0000 ERIC G. SORENSON, 0000 STONEY A. * TRENT, 0000 CHRISTOPHER R. * WILSON, 0000 JAVIER C. SORIA, 0000 GARY * TREVINO, 0000 FRANKLIN M. WILSON, 0000 PHILLIP D. SOUNIA, 0000 WILLIAM * TRIMBLE, JR., 0000 JEREMY S. WILSON, 0000 JOSEPH R. SOWERS, 0000 MICHAEL T. * TRIPLETT, 0000 KENNETH C. * WILSON, 0000 MICHAEL D. SPAKE, 0000 MARK L. TROMBLEE, 0000 PETER B. * WILSON, 0000 PAUL S. * SPARKS, 0000 MICHAEL J. TROTTER, 0000 KEVIN P. * WIMBERLY, 0000 ROY W. * SPEAKS, 0000 AKINORI R. TSUCHIDA, 0000 RITA J. * WINBORNE, 0000 BRIAN SPEAS, 0000 JONATHAN E. * TUGMAN, 0000 MARK A. * WINKLER, 0000 NEAVOLIA N. SPEIRS, 0000 JAMES J. TUITE IV, 0000 SCOTT M. * WINTER, 0000 JON R. * SPELL, 0000 JOHN K. * TULIFUA, 0000 GARTH K. WINTERLE, 0000 RITA M. * SPENCER, 0000 JAMES E. TURLEY, 0000 JASON M. WINTERLE, 0000 KEVIN * SPIELMAN, 0000 DIEDRA V. TURNER, 0000 KEVIN D. * WISSEL, 0000 NORMAN D. SPIVEY, 0000 RUSSELL G. * TURNER, 0000 LAWRENCE H. WITTE, 0000 ERICH C. SPRAGG, 0000 MARCIA J. * TUTT, 0000 AARON W. * WOLF, 0000 DANIEL P. * SPRINGER, 0000 DANE A. TYNES, 0000 MARK D. * WOLF, 0000 RYAN R. SQUIRES, 0000 TIMOTHY S. TYSON, 0000 KIEU D. * WOLFORD, 0000 MARC D. * STAATS, 0000 WILLIAM M. UNDERWOOD, 0000 PHILLIP E. WOLFORD, 0000 LEE R. STAFKI, 0000 SCOTT L. UNSWORTH, 0000 FREDERICK D. * WONG, 0000 DENNIS L. * STALEY, 0000 RONALD H. * UPTON, 0000 WARREN R. WOOD, 0000 JOHN W. STANLEY, 0000 MATTHEW S. URBANIC, 0000 JOHN A. WOODARD, 0000 ROGER E. * STANLEY, 0000 CAINAZ A. * VAKHARIA, 0000 KEVIN G. * WOOLEY, 0000 STEPHEN J. STASEVICH, 0000 FELIX J. * VALENTIN, 0000 BRIAN D. WOOLWORTH, 0000 JAMES E. * STATON, 0000 CARLOS M. * VALENZUELADURR, 0000 JOHNNY * WORKMAN, JR., 0000 THANE C. * STCLAIR, 0000 CHRISTOPHER M. * VALERIANO, 0000 BRIAN K. WORTINGER, 0000 DAVID A. * STEELE, 0000 JAMES A. VAN ATTA, 0000 JOHN J. * WRANN, 0000 HARLEY J. STEELE, 0000 JOHN B. * VAN HOOK, 0000 DAVIE L. * WRIGHT, JR., 0000 JENNESS F. STEELE, 0000 LITA NMN VAN HOOK, 0000 JOSHUA D. * WRIGHT, 0000 LESLIE T. * STEELE, 0000 AARON J. * VANALSTINE, 0000 MARESE R. * WRIGHT, 0000 DAVID D. STENDER, 0000 STEWART J. * VANBUREN, 0000 NANCE J. * WRIGHT, 0000 BRIAN M. STEPHAN, 0000 ERIC J. VANDENBOSCH, 0000 RICHARD W. * WRIGHT, 0000 JAMES M. STEPHENS, 0000 GEOFFREY R. VANEPPS, 0000 ROMEO * WRIGHT, JR., 0000 MICHAEL P. STEPHENS, JR., 0000 RICHARD D. VANGORDEN, 0000 NATHAN YANCY, 0000 ALEXANDER D. STEPHENSON, 0000 CHRISTIAN G. VANKEUREN, 0000 TED D. * YATES, 0000 MICHAEL D. * STERRETT, 0000 TERRY R. * VEENEMAN, 0000 MITCHELL L. * YBARRA, 0000 JONATHAN A. * STEVENS, 0000 BRYAN D. VELARDE, 0000 JOHN B. * YORKO, 0000 RUBY J. * STEWART, 0000 MARK D. VERTULI, 0000 CHRISTOPHER J. YOUNG, 0000 HEATHER L. * STEWARTJOHNSTON, 0000 TIMOTHY C. VILES, 0000 GREGORY H. * YOUNG, 0000 MICHAEL A. STINNETT, 0000 TITO M. VILLANUEVA, 0000 RODNEY R. YOUNG, 0000 LARRY W. STOAFER, 0000 WILLIAM C. * VILLNOW, 0000 WILLIAM R. * YOUNG, 0000 PATRICK P. * STOBBE, 0000 NATALIE C. * VINES, 0000 DAMON M. * YOURCHISIN, 0000 MARK L. STODDARD, 0000 SAMUEL L. VOLKMAN, 0000 MICHAEL R. ZAHURANIC, 0000 CARRINGTON L. * STOFFELS, 0000 JOSEPH W. VONGSVARNRUNGRUANG, 0000 JOHN J. * ZEIGLER, 0000 KEVIN J. STOLL, 0000 WILLIAM D. VOORHIES, 0000 ANDREW S. ZIESENISS, 0000 BERNIE E. STONE, 0000 WILLIAM E. WADDINGTON, 0000 KIRK F. * ZIMPEL, 0000 TOMMY E. * STONER, 0000 CHRIS A. * WADE, 0000 RAYMOND C. ZINDELL III, 0000 DANA T. * STOWELL, 0000 SCOTT O. WADYKO, 0000 * X4628

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00062 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15626 CONGRESSIONAL RECORD—SENATE July 12, 2005

* X5704 KIMBERLY SAWATSKY, 0000 SUSAN M. PENNEBECKER, 0000 * X1943 DAVID A. TUBLEY, 0000 DREW S. PINILLA, 0000 * X5574 RANDY E. WILLIAMS, 0000 EVELYN M. QUATTRONE, 0000 X0242 GLEN WOOD, 0000 MICHAEL D. RAMOS, 0000 * X6224 LOVETTE T. ROBINSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT * X3476 SHERRI L. SANTOS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY X3541 CANDY M. SIMMONS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: IN THE NAVY FAWN R. SNOW, 0000 To be commander TANYA STEVENSON-GAINES, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- WANDA J. STONE, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED MARJORIE ALEXANDER, 0000 DEBORAH M. SWEETMAN, 0000 STATES NAVY UNDER TITLE 10, U.S.C. SECTION 531: THERESA M. ANTOLDI, 0000 DAVID A. TAIT, 0000 ELLEN A. ARGO, 0000 To be captain YVONNE TAPIA, 0000 VERONICA G. ARMSTRONG, 0000 CHRISTINE M. WARD, 0000 ELIZABETH A. G. ASHBY, 0000 JAMES R. MARTIN, 0000 ROBYN C. WARD, 0000 MARY BAKER-DOVE, 0000 MICHAEL F. ROCKLIN, 0000 KARIN E. WARNER, 0000 LAWRENCE M. BATEMAN, 0000 TERESE M. WARNER, 0000 GERALD BOYLE, 0000 To be commander JOHN J. WHITCOMB, 0000 DENA A. BRADLEY, 0000 RICHARD D. WHITE, 0000 JAMES K. AMSBERRY, 0000 NORMAN F. J. CHARBONEAU, 0000 CATHERINE E. WIDMER, 0000 DOUGLAS N. CARBINE, 0000 PATRICIA CORLEY, 0000 MARIA A. YOUNG, 0000 PATRICK J. DAIGLE, 0000 VIVIAN M. DEVINE, 0000 MARK E. HAMMETT, 0000 RAMONA M. DOMEN-HERBERT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH P. GREEN, 0000 DENISE J. EICHER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY RUBY S. HENDERSON, 0000 REBEKAH J. EID, 0000 UNDER TITLE 10, U.S.C., SECTION 624: BENJAMIN W. JORDAN, 0000 KAREN F. ELGIN, 0000 JEFFREY N. KORSNES, 0000 ELIZABETH J. FRENCH, 0000 To be commander PATRICK R. LARABY, 0000 ANGELA B. GARDNER, 0000 GARY W. LATSON, 0000 ELIZABETH K. GILLARD, 0000 ERIC M. AABY, 0000 STEPHEN J. LEPP, 0000 ROBIN C. GREGORY, 0000 JOSEPH F. ALLING, 0000 JAMES A. LOWDER, 0000 ROSANNE I. HARTLEY, 0000 KEITH E. AUTRY, 0000 SCOTT A. MAGNES, 0000 DINETA C. HAUGHTON, 0000 JOHN F. BENNETT, 0000 ROBERT W. MARTIN, 0000 KATHLEEN E. HEWITT, 0000 GORDON E. CLARK, JR., 0000 LORING I. PERRY, 0000 MICHELE C. HUDDLESTON, 0000 MARC R. DELAO, 0000 ANDREW POTTS, 0000 DEBBIE R. JENKINS, 0000 STEPHEN J. DONLEY, 0000 JOHN W. SANDERS III, 0000 SCOTT A. JOHNSON, 0000 WILLIAM C. DUERDEN, 0000 PETER K. SCHROEDER, 0000 ETHAN B. JOSIAH, 0000 DAMON S. FETTERS, 0000 JOEL A. SMITHWICK, 0000 GLORIA S. KASCAK, 0000 PATRICK A. GARIN, 0000 TIMOTHY C. SORRELLS, 0000 MICHAEL T. KELLEY, 0000 MARK T. GERONIME, 0000 JEFFREY A. TERRY, 0000 DANIEL P. KINSTLER, 0000 BRADLEY S. HANCOCK, 0000 JEFFREY W. TIMBY, 0000 LENORA C. LANGLAIS, 0000 CHERYL M. HANSEN, 0000 MARTHA P. VILLALOBOS, 0000 ELIZABETH D. LASSEK, 0000 ANDREW J. HOLLAND, 0000 PETER J. WEIS, 0000 CLYDA L. LAURENT, 0000 GLENN W. HUBBARD, 0000 ROBIN M. WILKENING, 0000 LAURIE S. MACGILLIVRAY, 0000 KEVIN M. KREIDE, 0000 To be lieutenant commander LORI J. MARTINELLI, 0000 CHRISTOPHER M. KURGAN, 0000 MARYANN C. MATTONEN, 0000 JONATHAN W. LEBARON, 0000 KEVIN L. ANDERSON, JR., 0000 CATHY M. MCCRARY, 0000 NICHOLAS L. MERRY, 0000 ROBERT A. CHURCH, 0000 FRITZI J. MCDONALD, 0000 THOMAS J. MITORAJ, 0000 DAVID L. CLINE, 0000 JULIE C. MCNALLY, 0000 DARREN C. MORTON, 0000 REGINALD S. DANIELS, 0000 ROSARIO P. MERRELL, 0000 MICHAEL P. OESTEREICHER, 0000 PAUL J. DEMIERI, 0000 JULIE D. MILBURN, 0000 NORMAN D. STIEGLER, JR., 0000 LOUIS P. GONCALVES, 0000 LISA M. MORRIS, 0000 ALEX D. STITES, 0000 MARK G. LIEB, 0000 CHERYL A. MOSLEY, 0000 GREGORY S. WAGNER, 0000 JAMES B. MOORE, 0000 CINDY A. MURRAY, 0000 STANLEY W. WILES, 0000 RONALD R. RINGO, JR., 0000 LISA A. OSBORNE, 0000 CHARLES S. WILLMORE, 0000

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00063 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15627 HOUSE OF REPRESENTATIVES—Tuesday, July 12, 2005

The House met at 9 a.m. and was aisle, Democrats on this side of the of their manufacturing jobs. My State called to order by the Speaker pro tem- aisle, opposition from small manufac- of Ohio, at 216,000 in just 5 years. pore (Mr. BURGESS). turers, machine shops, tool and die Michigan over 200,000, Illinois over f makers, small manufacturing compa- 200,000, Pennsylvania over 200,000. The nies, opposition from unions and all Speaker, the man in the Speaker’s DESIGNATION OF SPEAKER PRO kind of worker organizations, opposi- chair, his State of Texas, 200,000. The TEMPORE tion from environmentalists, opposi- gentleman from Oregon (Mr. BLU- The SPEAKER pro tempore laid be- tion from religious leaders, opposition MENAUER’s) State has lost 30,000 manu- fore the House the following commu- from in the United States to the Cen- facturing jobs. The gentleman from nication from the Speaker: tral American Free Trade Agreement, New Jersey, (Mr. PALLONE’s) State of New Jersey has lost 105,000 manufac- WASHINGTON, DC, widespread opposition among leaders July 12, 2005. and religious leaders, labor leaders, en- turing jobs in the last 5 years. I hereby appoint the Honorable MICHAEL C. vironmentalists advocates for the poor, Mr. Speaker, this trade policy is not BURGESS to act as Speaker pro tempore on small business people, small farmers working. These trade agreements are this day. and ranchers throughout the six Latin not working. This trade agreement is J. DENNIS HASTERT, American countries. The reason they not about lifting up workers in the de- Speaker of the House of Representatives. oppose the Central American Free veloping world. It is about U.S. compa- f Trade Agreement is it simply will not nies moving plants to Honduras, outwork for the great majority of people sourcing jobs to El Salvador and ex- MORNING HOUR DEBATES whether it is in Nicaragua or the ploiting cheap labor in Guatemala, not The SPEAKER pro tempore. Pursu- United States, whether it is in Guate- to help those workers, because those ant to the order of the House of Janu- mala or the Dominican Republic. workers living standards under past ary 4, 2005, the Chair will now recog- All of us understand that this CAFTA trade agreements simply have not nize Members from lists submitted by does not make sense. We should re- risen. the majority and minority leaders for negotiate the Central American Free We know, Mr. Speaker, that we need morning hour debates. The Chair will Trade Agreement, get rid of this one, a different CAFTA, and we have a different CAFTA when the world’s poorest alternate recognition between the par- renegotiate one that works for every- people can buy American goods, not ties, with each party limited to not to one. just make them, we will know our exceed 25 minutes, and each Member, The reason CAFTA does not work is trade policies are finally working. We except the majority leader, the minor- that it was crafted by a select few, ne- should defeat this CAFTA and renego- ity leader, or the minority whip, lim- gotiated by a select few to benefit a se- tiate a better Central American Free ited to not to exceed 5 minutes, but in lect few. The drug companies were at Trade Agreement. no event shall debate extend beyond the negotiating table. They, of course, 9:50 a.m. will benefit from the Central American f The Chair recognizes the gentleman Free Trade Agreement, but small man- CHANCE TO KEEP FAITH WITH from Ohio (Mr. BROWN) for 5 minutes. ufacturers will not. AMERICAN TAXPAYERS f The insurance companies and the fi- The SPEAKER pro tempore. Pursu- nancial institutions and the banks ant to the order of the House of Janu- CENTRAL AMERICAN FREE TRADE were at the negotiating table helping AGREEMENT ary 4, 2005, the gentleman from Oregon to write the Central American Free (Mr. BLUMENAUER) is recognized during Mr. BROWN of Ohio. Mr. Speaker, Trade Agreement. The representatives morning hour debates for 5 minutes. last year the House Majority Leader of small farmers and small ranchers in Mr. BLUMENAUER. Mr. Speaker, the gentleman from Texas (Mr. small businesses were not at the table. this week, Members of the House of DELAY), the most influential Repub- Oil companies and other big energy Representatives will have a chance to lican in the Congress, promised that companies were at the table negoti- keep faith with the American tax- this Congress would vote during last ating the Central American Free Trade payers and the interests of our each year on the Central American Free Agreement. But consumers and people and every district. The gentleman from Trade Agreement, a trade agreement who will be hurt, the poor and working Arizona (Mr. FLAKE) and I will offer an that includes six countries in Latin families in all seven CAFTA countries, amendment to assure that the most ex- America and the United States. Decem- were not at the table. It, as I said, was pensive project in the history of the ber 31 rolled around, there was no vote. negotiated by a select few, for a select Corps of Engineers, the Upper Mis- Majority Leader DELAY then prom- few. sissippi River Navigation expansion, is ised a vote by Memorial Day on Now, Mr. Speaker, the reason we in fact justified. CAFTA. Memorial Day came and went. know that our trade policy is not This $1.8 billion project will take up Majority Leader DELAY then prom- working is exemplified very well in 10 to 15 percent of the entire Corps con- ised a vote on CAFTA prior to July 4. this chart. 1992, the year I first ran for struction budget for years, perhaps July 4 has since come and gone. Now, Congress, was elected, our trade deficit decades to come, impacting projects in Leader DELAY has said there will be a in this country was $38 billion. In 2004 every congressional district. That is vote on the Central American Free that trade deficit was $618 billion, from because the Corps’ current backlog of Trade Agreement some time in July. $38 billion to $618 billion in the space of construction is about $58 billion and Mr. Speaker, the reason that there 12 years. the construction budget is less than $2 has not been a vote on the Central Mr. Speaker, those numbers, those billion a year. We need to make sure American Free Trade Agreement is be- are just trade deficit numbers. But that we are using our limited funding cause of the overwhelming opposition what they represent is loss of manufac- for worthwhile projects. to that trade agreement, opposition turing jobs in large part. The states in Now, while I have deep reservations from Republicans on that side of the red are states that have lost 20 percent about this project, I respect the hard

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

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15628 CONGRESSIONAL RECORD—HOUSE July 12, 2005 work of our chairman, the gentleman boats, that will enable the system to name, and again I am quoting, ‘‘if from Tennessee (Mr. DUNCAN), of the work better. And we do not yet have a there is a leak out of my administra- ranking member, the gentlewoman good system of independent review, tion, I want to know who it is, and if from Texas (Ms. EDDIE BERNICE JOHN- which, if it had been required of this the person has violated the law, the SON), and particularly of the gentleman project, we would not be arguing about person will be taken care of.’’ from Illinois (Mr. COSTELLO), who, for it today. Well now, Mr. Speaker, it appears years has worked hard in the com- Several National Academy of Science that we know who one of those people mittee and behind the scenes to make reports have examined the project. In is. And now the question is, will Presi- this a better project. 2001, the panel concluded the Corps had dent Bush hold Karl Rove accountable Out of respect for their hard work, relied on over optimistic projections. for his actions? the gentleman from Arizona (Mr. In December of 2003 a second panel re- Karl Rove has also repeatedly denied FLAKE) and I have come up with a com- newed their objections, concluding it any involvement. When he was first promise, not to eliminate the project, was not possible to evaluate the bene- asked if he had any knowledge or in- but simply to make sure that we are fits of lock expansion until an efficient volvement in the identification of the preserving the integrity of the Corps’ system for managing the waterway was CIA agent, Rove simply said no. Then project and the fiscal responsibility of implemented. Last year an additional earlier this month, when interviewed Congress. report concluded that despite the by CNN, Rove amended that statement The amendment we will offer will au- Corps’ efforts, ‘‘the study contains slightly and said, and again I am thorize the project to proceed if the flaws serious enough to limit its credi- quoting, ‘‘I will repeat what I said to minimum economic justification that bility and value in the policymaking ABC News when this whole thing broke has been offered for the project is met. program.’’ some number of months ago. I do not The planning is such that this project While I believe we have gone a long know her name and I did not leak her is going to be in a planning stage for way in modernizing many of the Corps name.’’ the next 5 years. So our amendment activities, I salute my colleague, the Well, we now know that he may not have necessarily given the reporter will not in any way interfere with the gentleman from Tennessee (Mr. DUN- Valerie Plame’s name. But he certainly planning process itself. It will simply CAN) and the committee for the work told the reporter that Joseph Wilson’s require that over the course of the next that WRDA has done. It is a step in the 3 years that the projections for barge wife was a covert CIA agent. right direction. I urge my colleagues to Now how difficult would it be for a traffic at the minimum level are met. look at this amendment, and I urge its reporter to find out the name of Wil- Now, this is the key justification be- approval. son’s wife? Not that difficult, obvi- cause barge traffic is cited in scenarios f ously. put forward by the Corps to show the KARL ROVE Mr. Speaker, it is troubling that nei- need for this massive project because ther Karl Rove nor the Bush adminis- The SPEAKER pro tempore. Pursu- they claim that barge traffic on the tration have leveled with the American ant to the order of the House of Janu- Mississippi River system is going up. people about Rove’s real involvement. But according to the Corps’ own data, ary 4, 2005, the gentleman from New Shortly after the leak became news, barge traffic has declined 23 percent Jersey (Mr. PALLONE) is recognized White House Press Secretary Scott from 1992 to 2003. Last year it dropped during morning hour debates for 5 min- McClellan went before White House re- by 19 percent. utes. porters and told the world he talked While it seems the Corps’ traffic sce- Mr. PALLONE. Mr. Speaker, it is with Karl Rove, Elliot Abrams and narios are wildly overoptimistic, and time President Bush’s Deputy White Lewis Libby, and that each of three that barge traffic is likely to continue House Chief of Staff Karl Rove level had assured him that they were not in- its decline, our amendment will allow with the American people and explain volved. the Corps to go forward with its plan- exactly what his role was in the leak of And so now the question is, was Karl ning project if, over the next 3 years, a covert CIA agent. Rove withholding information from his they meet the lowest scenario that Mr. Speaker, this is serious business. colleagues at the White House about makes this project economically justi- But from the way the White House has his involvement in the Valerie Plame fied. been handling it, you would think it is scandal? Or did the White House know, Why is this special attention so im- no big deal. Valerie Plame was a covert and did they send out erroneous and portant? Well, I have already pointed CIA agent stationed in many hot spots false statements to the media? out it is the largest project in the his- around the world. When someone in the It would be nice if the White House tory of the Corps and is going to im- White House decided to leak her name would answer these questions, but now pact projects all across the country to reporters they were jeopardizing any the White House refuses to comment that are worthy and much more impor- undercover operations that Plame had on any issue regarding the ongoing in- tant. But we ought to consider the worked with in the past. vestigation. Yesterday reporters tried troubled history of this project, for You would think that President Bush to ask Scott McClellan whether or not this project is, for many people, the would take this issue very seriously, he would stand by the statement he project that launched the Corps Re- since it was his father who said in a made back in 2003 in which he stated form movement. In 2000, the Corps presidential address at the CIA head- that Karl Rove had told him he was not economist, Donald Sweeney, claimed quarters back in 1999, and I am going involved. And McClellan said he could that the Corps officials ordered him to to quote that, ‘‘that I have nothing but no longer comment on the investiga- cook the books in order to economi- contempt and anger for those who be- tion. How convenient, Mr. Speaker, cally justify this project. After a whis- tray the trust by exposing the name of that McClellan was able to vouch for tle blower investigation, the Army In- our sources. They are, in my view the Rove back in 2003 but is silent today. spector General agreed, and two gen- most insidious of traitors.’’ So today we are left are two possi- erals and a colonel lost their jobs. Now those are some tough words bilities really. 1, the White House has This project epitomizes the need for from the first President Bush who been bending the truth on this very se- reform and modernization of the Corps knew the CIA well from his days as di- rious issue since the beginning, or 2, of Engineers. It is an example of how rector of that agency. But when Val- Karl Rove has misrepresented his in- the Corps’ planning system has a bias erie Plame’s name was first leaked, volvement to the White House. Either towards large structural projects. The this president, the current President way, Karl Rove has a lot of explaining National Association of Science has Bush, also had some tough comments to do. And I believe, Mr. Speaker, that concluded that the Corps has ignored for whoever was responsible. In Sep- President Bush should stand behind his nonstructural alternatives such as con- tember 2003 he said in response to a past statement and ask Karl Rove to gestion fees, scheduling and switch question regarding the leak of Plame’s either defend his actions or resign.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15629 DRAWDOWN OF FORCES IN IRAQ forces. Specifically, the report man- not to commit adultery, incest, or The SPEAKER pro tempore. Pursu- dates that the Administration provide any sexual misdeeds; ant to the order of the House of Janu- information on the operational readi- not to steal, lie, or cheat; ary 4, 2005, the gentleman from Massa- ness status of the Iraqi military forces, not to be cruel to any living crea- chusetts (Mr. MEEHAN) is recognized including the type, number, size and ture; during morning hour debates for 5 min- organizational structure of Iraqi bat- and that every society govern by just utes. talions, as well as their ability to con- laws based on the recognition of You, O Mr. MEEHAN. Mr. Speaker, this duct counterinsurgency operations. God, as a sovereign ruler of all men and weekend many of us learned that the The report requirement also calls for all nations. Bush Administration may have a plan estimates of the strength of the Iraqi Today the Members of this House for a phased drawdown of coalition insurgency and details on the training convene to fulfill one of these com- forces in Iraq in the next 12 to 18 of the Iraqi police force. mandments, to govern by just laws. months. I urge the Administration to take May it be Your will that those assem- Unfortunately, we did not learn this responsibility seriously and to bled here enact laws to govern this about these plans from the Administra- take this legal obligation seriously by great country, be mindful of Your pres- tion’s legally mandated yet unfulfilled providing this information to Congress ence and conduct themselves in all reporting requirements to Congress. as quickly and as comprehensively as their matters with justice, kindness, We learned about it from news reports possible. and peace. of a leaked memo circulating in the The information contained in this re- Grant them success in making this British government. port is a critical step towards bringing country truly fit for Your presence. The memo outlines the Administra- our troops home. To that end, I am a Bless them with good health, wisdom, tion’s plan to cut the size of our force cosponsor of House Resolution 55, the compassion, good cheer, and fellowship. in Iraq from 140,000 down to 66,000 by Homeward Bound Act. This bipartisan Amen. the middle of next year, and describes legislation requires the President to f a ‘‘strong U.S. military desire’’ to hand announce a plan by December 31 of this THE JOURNAL over control to the Iraqi security year for the eventual return of all ele- forces in most of Iraq. ments of the Armed Forces. This plan The SPEAKER pro tempore. The In January I released a white paper would be a natural extension of the re- Chair has examined the Journal of the in which I proposed a timetable for a port due to this body yesterday. last day’s proceedings and announces phased drawdown of the majority of The bill also requires the President to the House his approval thereof. American troops by the end of 2006. If to begin a drawdown of our troops on Pursuant to clause 1, rule I, the Jour- the information in the British memo is or before October 1, 2006. Beyond that nal stands approved. true, then the Administration may be date, it provides the President with the f planning similar plans, despite its pub- flexibility for an orderly drawdown. PLEDGE OF ALLEGIANCE lic claims to the contrary. Finally, the legislation requires the Ironically, the British memo, report- President to accelerate the training of The SPEAKER pro tempore. Will the edly written at least a month ago, Iraqi forces and to ensure that they are gentleman from Minnesota (Mr. GUT- broke in the American press at exactly adequate to take the leading role in KNECHT) come forward and lead the the same moment that the Administra- fighting the insurgency. House in the Pledge of Allegiance. tion missed a very important deadline Our troops have done everything we Mr. GUTKNECHT led the Pledge of to share precisely this sort of informa- have asked of them in Iraq. They have Allegiance as follows: tion with this Congress. acted heroically. They have done their I pledge allegiance to the Flag of the There is something wrong when we job. Now is the time for Washington to United States of America, and to the Repub- are learning about the Administra- lic for which it stands, one nation under God, do its job. indivisible, with liberty and justice for all. tion’s plans for our troops, not from f the President, not from the Pentagon, f but from leaked foreign memos. Yes- RECESS MESSAGE FROM THE SENATE terday the Pentagon should have re- The SPEAKER pro tempore. Pursu- A message from the Senate by Mr. leased to Congress an essential report ant to clause 12(a) of rule I, the Chair Monahan, one of its clerks, announced on the benchmarks and guidelines for declares the House in recess until 10 that the Senate has agreed to the fol- measuring progress in Iraq. a.m. today. lowing resolution: The report for ‘‘Measuring Stability Accordingly (at 9 o’clock and 22 min- S. RES. 194 and Security in Iraq’’ was a provision utes a.m.), the House stood in recess of the Supplemental Defense Appro- In the Senate of the United States, July 11, until 10 a.m. 2005. priations Bill passed by this Congress f Whereas Gaylord A. Nelson served in the and signed into law by President Bush United States Army from 1942–1946; on May 11, 2005. This law required the b 1000 Whereas Gaylord A. Nelson served as Gov- Administration to outline a com- AFTER RECESS ernor of the State of Wisconsin from 1959– prehensive approach to Iraq by July 11, 1963; yesterday, with follow-up reports every The recess having expired, the House Whereas Gaylord A. Nelson served the peo- 90 days thereafter. was called to order by the SPEAKER ple of Wisconsin with distinction for 18 years This report presents an invaluable pro tempore (Mr. FOLEY) at 10 a.m. in the United States Senate; opportunity for the administration to Whereas Gaylord A. Nelson served the Sen- f ate as Chairman of the Select Committee on explain to Congress and to the Amer- PRAYER Small Business from the Ninety-Third ican people their plans and intentions through the Ninety-Sixth Congresses and as in Iraq. Providing Congress with a Rabbi David Greene, Chabad- Chairman of the Special Committee on Offi- more comprehensive set of perform- Lubavitch, Rochester, Minnesota, of- cial Conduct in the Ninety-Fifth Congress; ance indicators will undoubtedly lead fered the following prayer: Whereas Gaylord A. Nelson received the to a more informed debate over U.S. Almighty God, Master of the Uni- Presidential Medal of Freedom in 1995; policy in Iraq. verse, according to the Jewish tradi- Resolved, That the Senate has heard with The congressionally mandated report tion, You instructed mankind to obey profound sorrow and deep regret the announcement of the death of the Honorable calls on the Administration to outline seven universal laws: Gaylord A. Nelson, formerly a Senator from key measures of stability and security not to worship false Gods; the State of Wisconsin. in Iraq. This includes measurements of never to blaspheme Your Holy Name; Resolved, That the Secretary of the Senate political stability, the training of Iraqi not to murder; communicate these resolutions to the House

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15630 CONGRESSIONAL RECORD—HOUSE July 12, 2005 of Representatives and transmit an enrolled going to Iraq comes out of this one resolve they have shown in recent copy thereof to the family of the deceased. small port. The massive petrochemical days. This resolve was best expressed Resolved, That when the Senate adjourns and refineries in the region, Houston by London’s mayor when he told the today, it stand adjourned as a further mark still is the energy capital of the world. terrorists: ‘‘Whatever you do, however of respect to the memory of the Honorable Gaylord A. Nelson. Over one-half of the gasoline refined in many you kill, you will fail.’’ the United States comes from this If terrorists thought that the murder The message also announced that the area. Of course, we have the nuclear of innocent people would further their Secretary of the Senate be directed to power plant in southeast Texas, the aims, they picked the wrong country to request the House to return to the Sen- largest medical center in the world, target. Giving terrorists safe haven in ate the bill (H.R. 2985) ‘‘An Act making and then there is NASA. the name of tolerance only encourages appropriations for the Legislative Mr. Speaker, I served in the United the violent intolerance expressed most Branch for the fiscal year ending Sep- States Air Force and was stationed at vividly in last week’s attacks. These tember 30, 2006, and for other pur- Ellington Field, and the people of attacks again demonstrate the reason poses.’’, to make technical corrections southeast Texas want Ellington. They everyone needs to root out these bar- in the engrossment of the Senate want to keep those F–16s flying. When barians. amendment. 9/11 hit, it was the F–16s at Ellington f f that flew over the blue skies of Texas HONORING RABBI DAVID GREENE on watch. It would defy common sense A SOLDIER’S REFLECTIONS to take those fighters from this needed (Mr. BUTTERFIELD asked and was (Mr. GUTKNECHT asked and was area of securing the homeland. given permission to address the House given permission to address the House for 1 minute.) f for 1 minute and to revise and extend Mr. GUTKNECHT. Mr. Speaker, I rise KARL ROVE his remarks.) Mr. BUTTERFIELD. Mr. Speaker, on today in honor of our guest chaplain (Mr. WAXMAN asked and was given and my friend, Rabbi David Greene of June 1, 2005, U.S. Army Corporal Phil- permission to address the House for 1 lip Charles Edmundson of my home Rochester, Minnesota. I often tell stu- minute.) dents when they come to visit the Cap- community of Wilson, North Carolina, Mr. WAXMAN. Mr. Speaker, I rise to became the first war casualty since itol that the first official act of the talk about the disgraceful revelation United States Congress was to appoint Vietnam. I rise today to remember his that Karl Rove and people in the White bravery by reading a poem written by a chaplain. The second thing that they House may have been involved in out- did was they prayed, and it was not a George L. Skypeck called, ‘‘A Soldier’s ing a CIA agent. How serious is this Reflections’’: perfunctory prayer. They prayed for 11⁄2 matter? I refer people to the quote of ‘‘I was that which others did not want to be. hours. We have long understood the im- President George H.W. Bush. He said: portance of faith in our society. I went where others feared to go ‘‘I have nothing but contempt and and did what others failed to do. Rabbi Greene was born and raised in anger for those who betray the trust by I asked nothing from those who gave nothing Minneapolis, Minnesota. He attended exposing the name of our sources. They and reluctantly accepted the thought of eter- the first Orthodox Jewish parochial are, in my view, the most insidious of nal loneliness . . . school in Minnesota, received his ordi- traitors.’’ What did this President Bush Should I fail, I have seen the face of terror; nation from the Rabbinical College of say? He said he would fire anybody who felt the stinging cold of fear; Canada in 1984, and completed post- might have been involved in doing such and enjoyed the sweet taste of a moment’s love. graduate Judaic studies at Lubavitch a thing. Yeshiva in Brooklyn, New York. I have cried, pained, and hoped . . . Now what we are hearing is that the But most of all, I have lived times others Since 1988 Rabbi Greene has served as evidence is mounting that Karl Rove would say the Lubavitcher Rebbe’s Emissary to and others in the White House may were best forgotten. Rochester, more specifically, to the have been involved in using classified At least some day Mayo Clinic. In his service, he meets information as part of a conspiracy for I will be able to say that I was proud of what the spiritual needs of Jewish people political purposes, jeopardizing our na- I was . . . ‘a soldier.’ ’’ who reside in or visit Rochester, Min- tional security. It is imperative that f nesota. we know the facts. And how do we get STRONG RESOLVE IN THE FACE I thank Rabbi Greene for his service to the facts? Not just wait for a special OF TERRORISM as our guest chaplain to the United prosecutor, but Congress has the re- States House of Representatives today. sponsibility to hold hearings. Let us (Mr. WILSON of South Carolina f bring Rove here, put him under oath, asked and was given permission to ad- and let him tell us what he has to say. dress the House for 1 minute and to re- ELLINGTON FIELD AIR FORCE f vise and extend his remarks.) BASE Mr. WILSON of South Carolina. Mr. (Mr. POE asked and was given per- BRITS RESPOND WITH RESOLVE, Speaker, I conclude every floor speech mission to address the House for 1 DETERMINATION with the reminder, ‘‘God bless our minute.) (Mr. PITTS asked and was given per- troops and we will never forget Sep- Mr. POE. Mr. Speaker, I question mission to address the House for 1 tember 11,’’ because I strongly believe whether the Defense Department in the minute and to revise and extend his re- that we must remember the lessons of base closing process has neglected the marks.) that tragic day to protect American obvious: homeland security. Mr. PITTS. Mr. Speaker, July 7 in families. No place does this appear more evi- Britain is not the same as March 11 in After witnessing a handful of terror- dent than Ellington Field in Houston, Spain. Last week’s terrorist attacks ists murder thousands of innocent Texas. It is said that Ellington Air were met not with blame, self-loathing, Americans, our Nation immediately Force base with its F–16 fighters and and retreat. They were met with proper took action to defeat terrorism at National Guard units are of little mili- expressions of mourning, steely re- home and abroad. Yesterday, I ob- tary value. Without agreeing to that, I solve, and clarion calls for justice. I served hundreds of terrorists now de- point out that over 8 million people would expect nothing else from the tained at Guantanamo Bay, Cuba and live in the area. There are three major country that withstood the onslaught witnessed the tremendous progress our ports: the port of Houston, second larg- of the Nazis. Nation is making in defending our free- est in the United States, sixth in the And while all of Great Britain dom and defeating terrorism. world; Port Arthur; Port of Beaumont, mourns, our friends across the Atlantic Last week’s brutal attacks on the where one third of the military cargo should be commended for the face of streets of London demonstrated that

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15631 we must remain on the offensive not been able to launch our astronauts the Nation’s two major political par- against terrorists who seek to murder into space for almost 21⁄2 years. With a ties, its most respected labor unions, innocent civilians and destroy our way successful launch tomorrow, we will associations, businesses, and constitu- of life. Terrorists who believe they can once again show the world that our tional groups seemed to stand on the break our will through cowardly at- program and the dedicated people be- sideline in mute amazement. tacks are mistaken. As President Bush hind it are second to none and that our In response to that summer of 527s, said, ‘‘America will not retreat in the space shuttle fleet is unrivaled when it some here in Washington, D.C. want to face of terrorists and murderers. And comes to technology and mission capa- exert even more regulation and con- neither will the free world.’’ bility. This launch will be an impor- trol, and that is certainly their right In conclusion, God bless our troops; tant first step, a first step in the new to pursue. But the gentleman from we will never forget September 11 and vision for space exploration articulated Maryland (Mr. WYNN) and I have a dif- London’s July 7. by President Bush in January of 2004, a ferent approach. We believe that the f vision that is not only taking us back only proper response to inequities in ANNIVERSARY OF THE MEDAL OF to low Earth orbit and the space sta- the political economy of a free society HONOR tion but that will lead us back to the is more freedom, not less freedom. Moon and one day on to Mars. b 1015 (Mr. SALAZAR asked and was given Again, I know I speak for all Ameri- permission to address the House for 1 cans when we wish the crew of Dis- The Pence-Wynn bill is our effort to minute and to revise and extend his recovery God speed and a safe mission. restore freedom and fairness to polit- marks.) ical parties and outside organizations, f Mr. SALAZAR. Mr. Speaker, I rise to give them the opportunity to com- today to pay homage to the Medal of COLLAPSE OF A COVER-UP pete more effectively with not only 527 Honor recipients and the values that (Mr. INSLEE asked and was given organizations but their progeny that the Medal of Honor symbolizes. On this permission to address the House for 1 may arise if the Congress decides even date in 1862, President Abraham Lin- minute and to revise and extend his re- yet to regulate them. coln approved the legislation that cre- marks.) Thomas Jefferson said, ‘‘I would ated the Medal of Honor, our Nation’s Mr. INSLEE. Mr. Speaker, in the last rather be exposed to the inconven- highest military medal. The Medal of 48 hours we have witnessed the sad col- iences attending too much liberty than Honor is awarded for acts of valor and lapse of a cover-up. On September 29, those attending too small a degree of gallantry above and beyond the call of 2003, Press Secretary Scott McClellan it.’’ duty. In its 140-plus-year history, only said that he had spoken with the dep- Mr. Speaker, I urge my colleagues to 3,441 individuals have been awarded uty chief of staff of the White House consider the Pence-Wynn Freedom res- this distinguished medal; 121 of those and it was simply not true that he had olution. individuals are still alive today. Mr. Speaker, I wish to pay tribute to anything to do with the disclosure of f the identity of a CIA agent. He charac- these brave individuals and to those REPUBLICAN PLAN TO MOVE SO- terized it as ‘‘totally ridiculous.’’ And men and women currently serving our CIAL SECURITY INSOLVENCY again on October 10, 2003, he said the Nation overseas. The Nation’s highest CLOSER White House had nothing to do with award is facing a serious challenge to (Ms. SOLIS asked and was given per- its meaning and symbol. I am outraged this terrible disclosure. The President was then asked on mission to address the House for 1 by the impostors who claim they have minute.) received this and other honors the June 10, 2004, whether he would stand by the promise to the American people Ms. SOLIS. Mr. Speaker, congres- military awards for deeds and actions sional Republicans have shown their of soldiers. These criminals not only to fire someone responsible for this disclosure, and he answered with a simple hand once again. It is now clear that dishonor themselves, but they dishonor Republicans have no desire to strength- the sacrifice that true recipients have ‘‘yes.’’ The American people do not want en Social Security for future genera- made. tions. Instead, their only intentions That is why, Mr. Speaker, I plan to sensitivity training after this sad dis- are to privatize the guaranteed retire- introduce the Stolen Valor Act of 2005 closure of a CIA agent. They need full ment program. next week. This piece of legislation accountability. The jig is up. The dep- The Republicans’ risky privatization will make it easier for Federal law en- uty chief of staff needs to come in front scheme would create private accounts forcement officials to prosecute pho- of Congress and answer questions about financed by diverting money out of So- nies and impostors and restore the true this. And this is not just a matter of a cial Security. It does absolutely noth- meaning of these illustrious awards. simple violation of Federal law. It is a ing to extend solvency of Social Secu- I hope my colleagues can join me in this ef- sad violation of democracy to try to rity. In fact, the Republican proposal fort to reclaim the meaning of honor and brav- punish a truth-teller, Joe Wilson, who would actually move Social Security ery and sacrifice in these United States. blew the whistle on the ‘‘yellow cake’’ false statement made by the President. insolvency up 2 years. The Republican f We know that that is wrong because plan actually harms Social Security by RETURN TO FLIGHT Mr. McClellan said this is not the way taking away money from the trust (Mr. WELDON of Florida asked and the White House operates. We beg to fund. Every so-called ‘‘surplus’’ dollar was given permission to address the differ. put into the trust fund is already ear- House for 1 minute and to revise and f marked to pay future benefits. There is extend his remarks.) simply no way to divert those dollars Mr. WELDON of Florida. Mr. Speak- URGING SUPPORT FOR THE 527 to private accounts. er, today I wish all the best for NASA FAIRNESS ACT If Republicans really want to and the crew of the Space Shuttle Dis- (Mr. PENCE asked and was given per- strengthen Social Security, do we not covery and the men and women of Ken- mission to address the House for 1 think they would come up with a pro- nedy Space Center on attempting to minute and to revise and extend his re- posal that would really actually extend launch tomorrow. Those of us who sup- marks.) solvency? port the program understand how criti- Mr. PENCE. Mr. Speaker, all of us re- The American public demands re- cally important it is for the United member the summer of 527s. Groups or- form, but not in this manner. Privat- States to have a continuing human ganized on the left and right under sec- ization is not the way to go. In my own presence in space. tion 527 of the Internal Revenue Code district, 60,000 people are on Social Se- After the loss of the Space Shuttle spent nearly $400 million in the midst curity. They look forward to that con- Columbia in February of 2003, we have of the Presidential campaigns while tinued support.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15632 CONGRESSIONAL RECORD—HOUSE July 12, 2005 GROWING REAL OWNERSHIP FOR traitors.’’ And right on, first President ple about his involvement in the Val- WORKERS ACCOUNTS ACT Bush. erie Plame leak. Failing this, Presi- (Mr. SAM JOHNSON of Texas asked If this President agrees with his fa- dent Bush should ask for his resigna- and was given permission to address ther, he will fire Karl Rove and clear tion. the House for 1 minute and to revise the way for his prosecution. f and extend his remarks.) f IMPROVING ECONOMY Mr. SAM JOHNSON of Texas. Mr. EXPLOSION OF TRIBAL CASINOS (Mr. PRICE of Georgia asked and was Speaker, when my constituents find (Mr. WOLF asked and was given per- given permission to address the House out that Congress has been spending mission to address the House for 1 for 1 minute.) Social Security money on programs minute and to revise and extend his re- Mr. PRICE of Georgia. Mr. Speaker, other than Social Security, they are marks.) 146,000 jobs were created in the month mad. That is why I am working to put Mr. WOLF. Mr. Speaker, I am con- of June with the unemployment rate an end to this immoral practice. cerned about the rapid spread of gam- dropping to 5 percent, the lowest unem- In the past, Congress has not had the bling in the United States, now largely ployment rate since September of 2001. discipline to keep its hand out of the through the dramatic expansion of Steady job growth has taken place Social Security cookie jar. tribal casinos, which are devastating each month over the last 25 months, Our proposal says that future Con- America’s communities and families. and more Americans are working than gresses cannot get their hands on the Gambling ruins families. It ruins ever before. money in the first place. communities. It ruins businesses. Gam- Economic indicators show strong and My commonsense solution is simple: blers often neglect their families and sustained growth, with real gross do- make sure that Congress spends Social lose their jobs, careers and marriages mestic product and real income revised Security taxes on Social Security. to the habit. Gambling preys on the up for the first quarter and inflation When workers can save part of their weak and gambling exploits the poor. down. Profits as a share of GDP are up Social Security money in a personal Study after study shows that when a to their highest levels since 1967. Dura- retirement account with their name on casino opens in a community, crime ble goods orders are on the rise, with it, Congress will have to cut spending and suicide and bankruptcies rise. new orders increasing 5.5 percent for from other bloated programs. As if our Nation is not saturated May, the largest increase in 14 months. Our bill, the Growing Real Ownership enough with gambling operations, now U.S. manufacturing continues to ex- for Workers Accounts Act, grows ac- comes news of plans to open a casino pand. For the 25th consecutive month, counts and is an achievable first step two miles from the historic Gettysburg manufacturing expanded, again, in toward sending the Social Security battlefield. Yes, Gettysburg. Thou- June. Consumer confidence is up, rising surplus back where it belongs, in the sands of Americans from the north and nearly 3 points in June to its highest pockets of hardworking Americans. the south died at Gettysburg. It is hal- level in 3 years. Mr. Speaker, the improving economy I urge my colleagues to cosponsor lowed ground. Its place in our history this bill today. is not empty rhetoric. What is crystal is sacred. clear is that the policies of this Con- f Is there no place in America immune gress and this administration are pro- KARL ROVE DIRECTLY INVOLVED from the lure of gambling? I recently wrote President Bush urg- growth, leading the charge, and they IN OUTING OF COVERT CIA AGENT are succeeding. ing him to issue an Executive Order to (Ms. SLAUGHTER asked and was halt the explosion of gambling with a f given permission to address the House 2-year moratorium on new tribal casi- WATER RESOURCES for 1 minute and to revise and extend nos. Why will the Bush administration DEVELOPMENT ACT her remarks.) not act? Ms. SLAUGHTER. Mr. Speaker, we (Mr. BLUMENAUER asked and was now know that Karl Rove is one of the f given permission to address the House White House officials directly involved TIME FOR ROVE TO COME CLEAN for 1 minute.) in the outing of a covert CIA agent. WITH PUBLIC Mr. BLUMENAUER. Mr. Speaker, Rove and his attorneys can parse the the single most important vote of the (Ms. WATSON asked and was given week and one of the most important of words all they want, but it is now clear permission to address the House for 1 that while Rove may not have given a the year is buried in the massive Water minute and to revise and extend her re- Resources Development Act coming be- reporter Plame’s name, he clearly iden- marks.) tified her by telling the reporter that fore Congress this week: the Upper Mis- Ms. WATSON. Mr. Speaker, when sissippi Lock project. This is the ‘‘Big Joseph Wilson’s wife was a CIA agent. Karl Rove’s attorney finally admitted Dig’’ of water projects. Actually, it is Does Rove expect us to believe that to the Washington Post yesterday that like five or six big digs, since 10 per- any reporter worth a byline could not Rove told a reporter Joseph Wilson’s cent of all water resources for years to easily find out the actual name of Wil- wife was a CIA agent, he was indeed come will be spent on this single son’s wife? And, as disturbing as this identifying her. It does not take too project. is, it is even more disturbing that much investigative reporting beyond I urge my colleagues to look closely President Bush continues to support that to actually come up with a name. at the amendment that I will be offer- Rove. Now, Rove’s attorney is trying to ex- ing with my colleague, the gentleman In September 2003, President Bush plain away Rove’s actions by stating from Arizona (Mr. FLAKE), which will told reporters, ‘‘If there is a leak out of that he was merely ‘‘discouraging Time require that before this project moves my administration, I want to know from perpetuating some statements from planning to construction in 5 who it is.’’ Well, the President now that had been made publicly and years, that the minimum justification knows at least one of the persons in his weren’t true.’’ Convenient explanation, for the demand for barge traffic, the ra- administration is responsible for this but are we supposed to believe this tionale for the project, is justified. leak. The question is, will he keep his from an attorney who previously stat- Taxpayers deserve no less for the larg- word and fire Mr. Rove? ed that Rove did not reveal any con- est water resources project in Amer- President Bush should not forget the fidential information? ica’s history. comments of his own father who in a Clearly, Rove did reveal confidential f speech before the CIA in 1999 said, ‘‘I information when he told Time re- have nothing but contempt and anger porter Matt Cooper that Joseph Wil- REVISING THE NATIONAL FLOOD for those who betray the trust by ex- son’s wife was a CIA agent. MAPS posing the names of our sources. They Karl Rove himself should come for- (Ms. GINNY BROWN-WAITE of Flor- are, in my view, the most insidious of ward and level with the American peo- ida asked and was given permission to

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15633 address the House for 1 minute and to TIME FOR KARL ROVE TO STEP b 1030 revise and extend her remarks.) ASIDE KARL ROVE MUST GO Ms. GINNY BROWN-WAITE of Flor- (Mr. PALLONE asked and was given (Mr. FRANK of Massachusetts asked ida. Mr. Speaker, my district is the permission to address the House for 1 and was given permission to address fifth congressional district of Florida, minute.) the House for 1 minute.) and the area is commonly referred to Mr. PALLONE. Mr. Speaker, it ap- Mr. FRANK of Massachusetts. Mr. as the ‘‘Nature Coast.’’ Residents of pears that either President Bush’s Speaker, a couple of weeks ago, the this area, most of them are not owners righthand man Karl Rove was deceiv- right wing hit man, who is now the of beachfront property; they live on ing his boss or the Bush administration deputy chief of staff in the White what previously were pristine, swampy was deceiving the American people in House made an outrageously, con- wetlands that were filled in. We cer- regards to the leak of a CIA agent’s sciously dishonest set of attacks on tainly have a beautiful view and, unfor- identity to the press. Members of this body by arguing that tunately, while it is the Nature Coast, When asked in September 2003 if he liberals had show ignored the terrible it also has historically been the area had any knowledge or leaked the name events of September 11, despite the fact where many hurricanes have hit. of the CIA agent to the press, Rove that we virtually unanimously voted to simply answered, ‘‘no.’’ The deception While this last hurricane, Dennis, did go to war in Afghanistan, and voted for continued earlier this month when, on not directly hit our area, we had resid- a homeland security department, in July 4th, Rove simply amended his pre- ual effects of the hurricane. We had fact advocated it over the administra- vious statements by saying, ‘‘I’ll re- storm surges, and a lot of areas were tion’s objections. peat what I said to ABC News when under water. Suddenly, residents We now have learned that the re- this whole thing broke some number of thought they owned waterfront prop- sponse of this hit man was to leak the months ago, I didn’t know her name, erty, because right out front of their name of a CIA agent, probably in viola- didn’t leak her name.’’ Last week, after homes, waterfront existed. tion of the law, certainly in violation Newsweek reported that the leak came of the rules that ought to be in place. I am very, very glad to see that we from Rove, Rove’s attorney shot back And now we have this defense, the law- are looking at revising the national and said Rove ‘‘did not tell any re- yer having previously denied that he flood maps so people who previously porter that Valerie Plame worked for did it, now says, well, it was not really were denied flood insurance now, once the CIA.’’ a problem because he only said it was we revise those flood maps, they will be Well, now Karl Rove’s attorney is ad- Joe Wilson’s wife, he did not mention able also to be able to purchase flood mitting that Rove did tell a reporter her name. insurance. that Joseph Wilson’s wife was a CIA Now, perhaps the President’s hit man agent. Sounds like a leak to me. So, it maybe got him confused with one of his f is now time for President Bush to ask Saudi prince friends that thought that for Karl Rove to go. Mr. Wilson was a polygamist and had GAMING INDUSTRY FUELS f several wives and therefore identifying ECONOMY AMERICAN NEWSPAPERS NOT his wife would have thrown people off the track. (Ms. BERKLEY asked and was given BUYING CONGRESSIONAL REPUB- But I do not think that is really ac- permission to address the House for 1 LICAN SOCIAL SECURITY PLAN ceptable in a court of law. And as to minute and to revise and extend her re- (Mr. MELANCON asked and was the argument that by not naming her marks.) given permission to address the House no one knew who he meant, does any- Ms. BERKLEY. Mr. Speaker, I came for 1 minute.) one doubt that the right wing hit man down to the floor to speak about Social Mr. MELANCON. Mr. Speaker, Amer- I am talking about, whose name I have Security and the President’s plan to ica’s editorial boards, both liberal and not previously mentioned, is Karl privatize, but after hearing the com- conservative, were not fooled by the Rove. Congressional Republican Social Secu- ments of the gentleman from Virginia f regarding the gaming industry, I felt it rity proposal unveiled this past month. is my responsibility as the Congress- The Republican plan would create pri- KARL ROVE MUST WALK THE woman from Las Vegas to speak on be- vate accounts out of the money now PLANK half of the gaming industry. going into the Social Security trust (Mr. MENENDEZ asked and was fund. I grew up in Las Vegas. I know the given permission to address the House The Baltimore Sun called the plan for 1 minute and to revise and extend people well. I know the community ‘‘the worst plan yet.’’ While the Min- well. And I know the industry well. My his remarks.) neapolis Star-Tribune said, ‘‘It is so Mr. MENENDEZ. Mr. Speaker, now father has a ninth-grade education. He weird and ill-conceived that it wouldn’t that we know Karl Rove was one of the was a waiter when I was growing up. merit comment, except that prominent White House officials who leaked the On a waiter’s salary in a Las Vegas ca- GOP lawmakers have rallied around identity of Valerie Plame, it is time for sino, he made enough money to put a it.’’ USA Today examined the plan and President Bush to hold his right-hand roof over our heads, food on the table, concluded, ‘‘for every one part sub- man accountable and ask for Rove’s clothes on our backs and two daughters stance, the plan contains nine parts resignation. This is, after all, what through college and law school. That is gimmick.’’ While the New York Times members of his own administration not so bad on a waiter’s salary. The wrote that the plan abandons ‘‘efforts stated would happen when the Presi- reason he was able to do that was be- to restore solvency in order to resusci- dent learned the identity of those re- cause of a strong economy fueled by tate those doomed, unwanted, unwise sponsible for the leak. the gaming industry. private accounts.’’ Finally, the Roa- In September of 2003, White House For anybody that thinks that the so- noke Times and World News opined, Press Secretary Scott McClelland told cial ills of this country are caused by ‘‘Republicans touting the plan say it reporters, ‘‘If anyone in this adminis- gaming, I invite them to come to my will stop the ‘raid’ on the Social Secu- tration was involved in it, they would beautiful city of Las Vegas and see for rity trust fund. But if they wish to no longer be in this administration.’’ themselves firsthand the strong econ- identify those perpetrating that ‘raid’ Pushed further a reporter asked him omy based on the gaming industry that for the last 4 years, they need only if the leaker should be fired. And he an- is run by some of the most reputable look in a very large mirror.’’ swered, ‘‘If a source leaked information people that I have ever met. Come to Mr. Speaker, Republicans are no of this nature, yes.’’ Las Vegas and see for yourself the won- longer fooling anyone. It is time that Republican National Committee ders of that amazing community. they take privatization off the table. Chairman Ed Gillespie said, I do not

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15634 CONGRESSIONAL RECORD—HOUSE July 12, 2005 believe it would be hard for President erans over the last 2 years, they have a There was no objection. Bush to ask the person to walk the moral obligation to bring and pass Mr. BAKER. Mr. Speaker, I yield my- plank. The fact that Karl Rove remains through this House and send to the self such time as I may consume. at the White House speaks volumes. It President this week an emergency Mr. Speaker, it was just last year is certainly not the way the White funding bill for veterans. Our veterans that the United States Congress acted House should operate. deserve no less. to reform the flood assistance programs of this country to ensure that The White House should not aid and f abet those within it in exposing CIA those who engaged in abusive practices agents who work for this country and ANNOUNCEMENT BY THE SPEAKER and thereby were over assessing the defend it to danger, and therefore it is PRO TEMPORE program for repetitive flood losses time for Karl Rove to walk the plank. The SPEAKER pro tempore (Mr. would no longer avail themselves of that inappropriate opportunity. f FOLEY). Pursuant to clause 8 of rule XX, the Chair will postpone further Accordingly, as the House passed leg- DISCOURAGING JOB NUMBERS proceedings today on motions to sus- islation, there was an unintended con- (Mrs. MALONEY asked and was given pend the rules on which a recorded vote sequence, however, pursuant to a rul- permission to address the House for 1 or the yeas and nays are ordered, or on ing by the IRS which found that there minute.) which the vote is objected to under was no technical or legislative basis on Mrs. MALONEY. Mr. Speaker, last clause 6 of rule XX. which to exempt payments made from Friday we got another employment re- Record votes on postponed questions the flood assistance program for the purposes of an individual qualifying for port showing that American workers will be taken later today. are losing out. Payroll employment additional governmental assistance. f growth was disappointing once again. I will translate that into something Only 146,000 jobs were added in June, TREATMENT OF CERTAIN PAY- that is more appropriate. If, for exam- when market forecasters were expect- MENTS UNDER NATIONAL FLOOD ple, a person were to accept an assisting between 175,000 and 200,000. INSURANCE PROGRAM ance mitigation payment to reduce the Though the unemployment rate probability of future flooding, that in- Mr. BAKER. Mr. Speaker, I move to come could then be counted and dis- edged down, it was not because people suspend the rules and pass the bill are reentering the labor force. There qualify that person from receiving food (H.R. 804) to exclude from consider- stamps, aid to dependent children, per- still seems to be a great deal of hidden ation as income certain payments haps Social Security, other health care unemployment. Compared to the start under the national flood insurance pro- assistance. And that, of course, was not of the recession in early 2001, participa- gram, as amended. the intent of the legislation as passed. tion in the labor force now is actually The Clerk read as follows: In fact, under the provisions of the 1.2 percent lower. H.R. 804 Stafford Act, all other emergency as- A smaller proportion of the working Be it enacted by the Senate and House of Rep- sistance granted by FEMA does not age population has a job now compared resentatives of the United States of America in count toward qualifying individuals for to then. Worst of all, inflation is still Congress assembled, governmental assistance, or for that outpacing wages, and the distribution SECTION 1. TREATMENT OF CERTAIN PAYMENTS matter, as income qualifying under the of earnings is increasingly imbalanced. UNDER NATIONAL FLOOD INSUR- ANCE PROGRAM. IRS for taxable liability. The signs are clear, workers are The reason for this policy position is being shortchanged in this economic Chapter I of the National Flood In- surance Act of 1968 (42 U.S.C. 4011 et quite clear, the whole goal of the effort recovery, but this administration is was to incent people to make changes standing idly by. seq.) is amended by adding at the end the following new section: necessary to their property so they f would no longer call on the Federal ‘‘TREATMENT OF CERTAIN PAYMENTS RESTORE VETERANS HEALTH Government for flood mitigation as- ‘‘SEC. 1324. Assistance provided under a FUNDING sistance. program under this title for flood mitigation In one instance, an individual who activities (including any assistance provided (Mr. EDWARDS asked and was given was to receive significant mitigation permission to address the House for 1 under the mitigation pilot program under section 1361A, any assistance provided under funding, had he accepted it, would have minute.) put him far over the qualifying limits Mr. EDWARDS. Mr. Speaker, the the mitigation assistance program under section 1366, and any funding provided under for even his Social Security benefits. House should not recess this week until section 1323) with respect to a property shall That is not the outcome that one we have addressed the VA health care not be considered income or a resource of the would want to see as a result of trying crisis. As we speak, health care serv- owner of the property when determining eli- to assist a person with flooding prob- ices for veterans all across America are gibility for or benefit levels under any in- lems. either being delayed or cut because of a come assistance or resource-tested program Coming on the heels of Hurricane that is funded in whole or in part by an agen- billion dollar plus shortfall in VA Dennis and many events across the health care programs. cy of the United States or by appropriated funds of the United States.’’. Gulf Coast of the past few months, it is Cutting veterans health care during a now clear this action is not only appro- time of war is inexcusable and wrong. The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from priate but necessary and does not vio- Unfortunately, 12 days ago the House late precedent nor other actions of the leadership refused to support the bil- Louisiana (Mr. BAKER) and the gentleman from Massachusetts (Mr. Congress with regard to other assist- lion and a half emergency funding bill ance programs. FRANK) each will control 20 minutes. passed by the Senate 96 to 0 on a bipar- For these reasons, I feel the adoption The Chair recognizes the gentleman tisan basis. of H.R. 804 is highly appropriate and re- from Louisiana (Mr. BAKER). We could have had help already on its sponsive to the needs of our constitu- way to our veterans. It has been 8 days GENERAL LEAVE ents. since Members of Congress gave patri- Mr. BAKER. Mr. Speaker, I ask Mr. Speaker, I reserve the balance of otic speeches on July 4 honoring the unanimous consent that all Members my time. service of our veterans. Those speeches may have 5 legislative days within Mr. FRANK of Massachusetts. Mr. are fine. Veterans deserve our support which to revise and extend their re- Speaker, I yield myself such time as I with our deeds not just our words. marks and include extraneous material might consume. Given the House leadership caused on the bill under consideration. Mr. Speaker, I agree that this is a the VA health care crisis in the first The SPEAKER pro tempore. Is there very important improvement to what place by underfunding, seriously under- objection to the request of the gen- was a very important piece of legisla- funding health care programs for vet- tleman from Louisiana? tion.

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At a time when people wonder about there were a number of people who Florida (Ms. GINNY BROWN-WAITE) who whether or not we are able to go for- were trapped in a pattern of flood and is a strong advocate of our flood insur- ward, it ought to be noted clearly there having to repair and did not know how ance program. are strong ideological and partisan dif- to get out of it. Ms. GINNY BROWN-WAITE of Flor- ferences over some issues, as there And the bill was designed, as my ida. Mr. Speaker, I want to thank, on should be in a democracy, but we have friend, the gentleman from Massachu- behalf of my constituents, many of been able, from time to time, to work setts (Mr. FRANK), pointed out, in co- whom have to have flood insurance, I together on things where there is a operation with environmental groups, would like to thank the gentleman consensus of common sense. with taxpayer groups, with industry, from Louisiana (Mr. BAKER) for intro- In this particular instance, the un- the insurance industry, home building ducing H.R. 804. derlying legislation here was one which industry, financial institutions, to try As we all know from watching the was strongly supported by a coalition and make sure that we did the right television, hurricane season has ar- of environmentalists and taxpayer job for both the taxpayer and people rived again. Residents of the Gulf and groups who had a common under- who are in flood-prone areas. east coast face familiar anxieties asso- The National Flood Insurance Pro- standing that in effect encouraging ciated with the hurricane season. They gram is critical to the lives of over 4 people to continue to rebuild in areas begin to cross their fingers and hope million policyholders. And many of the that were going to be flooded made no their home will not be devastated by people eligible for flood-mitigation as- sense from either the environmental or nature’s wrath and that their belong- sistance under the flood insurance pro- the taxpayer perspective. ings will not be washed away. gram were caught in this cycle of There was also an unusually fruitful What residents should not have to be bipartisan collaboration that brought flooding and rebuilding and flooding again that could be ended with mitiga- crossing their fingers over is whether us this bill. Our former colleague, the the government is going to hit them gentleman from Nebraska (Mr. BEREU- tion assistance. Now, I support strongly this legisla- with additional liabilities after they TER), a senior member of the Com- receive help. Yet, under the National mittee on Financial Services, worked tion to remove a disincentive for people living in flood-prone areas to ac- Flood Insurance Program today, that very closely with a continuing Mem- cept the mitigation grant that will is exactly what happens. The IRS con- ber, the gentleman from Oregon (Mr. help prepare them for floods before siders NFIP grants as income which BLUMENAUER) and they did an excellent they happen, reduce damage for future means any person on means-tested as- job of putting this piece of legislation floods, and save lives for future disas- sistance loses. Residents who accept together. ters. Everybody wins if this program NFIP grants after their homes are de- And we now, having enacted the leg- stroyed by floods are then slapped with islation, encounter something that was works right. The policyholders win because, as we reduced government benefits such as unanticipated. This would clean it up. pointed out, as the legislation was health care, education or even nutri- It would make a very good piece of leg- moving forward, when we have the leg- tion assistance. islation better. islation, only 1 percent of the property I commend the gentleman from Lou- Mr. BAKER. Mr. Speaker, will the owners were responsible for 25 percent isiana (Mr. BAKER) for introducing this gentleman yield? legislation that prevents agencies Mr. FRANK of Massachusetts. I yield of the flood-loss dollars. By reducing the magnitude of this re- other than the IRS from considering to the gentleman from Louisiana. petitive flood loss program, we were NFIP grants as income and I implore Mr. BAKER. Mr. Speaker, I just able to make a huge difference to a my colleagues to support this bill. wanted to express my appreciation to wide range of people. The Association Those who have been hit by floods the gentleman from Massachusetts of State Flood Plain Managers esti- should not have to choose between (Mr. FRANK) and to the gentleman from mates that avoiding just one 10 percent NFIP assistance and food stamps. Oregon (Mr. BLUMENAUER) for his coop- increase will save the 4.4 million pol- erative work in this matter. Mr. BAKER. Mr. Speaker, I yield my- icyholders about $175 million each It has been bipartisan. I think it self such time as I may consume. year. achieves a worthwhile policy goal, and Mr. Speaker, I want to express my Taxpayers will win if the mitigation I express my appreciation. appreciation to all Members who have program works right, because the flood Mr. FRANK of Massachusetts. Mr. had an interest and role in perfecting insurance payments are the tip of the Speaker, I yield as much time as he this legislation. Merely for the pur- iceberg. Because there are many, many would consume to the gentleman from poses of establishing in the record as people in harm’s way, who get part of Oregon (Mr. BLUMENAUER) who will be we close the chapter I believe on the their relief from flood insurance, but my last speaker. reform of the Flood Mitigation Assist- we have disaster plains on the Federal Mr. BLUMENAUER. Mr. Speaker, I ance Program, but every dollar of ben- Government that far exceed them. appreciate the gentleman’s courtesy in efit paid is generated by premiums of By making this program work right, flood insurance paid into the fund by permitting me to speak on this and the we will save taxpayers money time and leadership of our friend, the gentleman home and property owners. It is a pro- time again. I appreciate the hard work gram which pays out benefits, and at from Louisiana (Mr. BAKER), who, as the Financial Services Committee has was mentioned along with our col- any time, if there has been an advance done in trying to fine-tune the flood in- of funding by the Federal Government league, the former Member, the gen- surance program, continuing hearings tleman from Nebraska (Mr. Bereuter), when funds on hand have been deficient to make sure that it works right, and to pay existing claims, all dollars have will ironically will be in Washington here, clearing up any ambiguity to D.C. this week. been repaid plus interest over the life make sure that we take any disincen- of the program. So in fact it is a pro- I cannot think of a better gift for Mr. tive for using the mitigation grants Bereuter, a recognition for his long gram that functions in an efficient tax- and solve that problem to make sure payer-responsible manner. service to this House and to the people that people take advantage of moving And with the adjustments made over of Nebraska and the country, to do this out of harm’s way, saving money, en- the past 18 months to the program, I important clarification. I could not hancing the environment. hope it brings to an end further Con- agree more with my friend from Lou- Mr. FRANK of Massachusetts. Mr. gressional review and oversight of the isiana (Mr. BAKER) how important it is Speaker, I yield back the balance of important flood assistance programs as to clarify the intent of this legislation. my time. The whole thrust of it was to, in now constructed. some cases, eliminate potential abuse b 1045 Mr. Speaker, the following is the re- of the program. But more than an iso- Mr. BAKER. Mr. Speaker, I yield 2 vised cost estimate prepared by the lated case of abuse here and there, minutes to the gentlewoman from Congressional Budget Office:

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15636 CONGRESSIONAL RECORD—HOUSE July 12, 2005 U.S. CONGRESS, HOUSE OF REPRESENTATIVES, as income for tax purposes. This IRS ruling CONGRESSIONAL BUDGET OFFICE, COMMITTEE ON WAYS AND MEANS, has caused significant uncertainty in the ad- Washington, DC, May 11, 2005. Washington, DC, July 12, 2005. ministration of the Bunning-Bereuter-Blu- Hon. MICHAEL G. OXLEY, Hon. MICHAEL G. OXLEY, menauer Flood Insurance Reform Act of 2004. Chairman, Committee on Financial Services, Chairman, Committee on Financial Services, House of Representatives, Washington, DC. Rayburn House Office Building, Wash- Anecdotal information has revealed that a sig- ington, DC. nificant number of homeowners have refused DEAR MR. CHAIRMAN: The Congressional DEAR CHAIRMAN OXLEY: I am writing con- mitigation offers not only due to the fear of a Budget Office has prepared the enclosed re- cerning H.R. 804, a bill ‘‘[t]o exclude from vised cost estimate for H.R. 804, a bill to ex- potential tax liability, but also the potential for consideration as income certain payments clude from consideration as income certain other unknown liabilities imposed by other fed- under the national flood insurance pro- payments under the National Flood Insur- eral government agencies. These penalties gram,’’ which is scheduled for floor consider- ance Program. This estimate supersedes our could include the loss of certain federal edu- ation on Tuesday, July 12, 2005. original estimate that was transmitted on cation, nutrition and health care benefits. H.R. The bill is within the jurisdiction of the March 31, 2005. Committee on Ways and Means because it 804 eliminates the potential for additional pen- If you wish further details on this esti- would exclude certain flood insurance miti- alties by preventing federal government agen- mate, we will be pleased to provide them. gation payments from consideration for pur- cies (other than the IRS) from considering The CBO staff contact is Kathleen Fitz- poses of determining eligibility for and NFIP flood mitigation grants as income. Gerald. amount of benefits under certain means-test- The precedent for this exception is found in Sincerely, ed programs. As a result the bill could affect the Stafford Act, which explicitly states that DOUGLAS HOLTZ-EAKIN, eligibility for and benefit levels under cer- any disaster or pre-disaster mitigation pay- Director. tain programs under the Committee’s juris- ments made to homeowners under that Act Enclosure. diction. However, in order to expedite this are not to be considered as income by any legislation for floor consideration, the Com- H.R. 804—A bill to exclude from consideration mittee will forgo action on this bill. This is federal agency administering a means- or in- as income certain payments under the Na- being done with the understanding that it come-tested benefit. By incorporating this lan- tional Flood Insurance Program does not in any way prejudice the Committee guage in the National Flood Insurance Act, with respect to the appointment of conferees H.R. 804 will resolve any additional uncer- If H.R. 804 were enacted, payments made or its jurisdictional prerogatives on this or tainty by likewise preventing federal agencies under the National Flood Insurance Program similar legislation. for flood mitigation activities would not be from considering flood mitigation grants as in- I would appreciate your response to this come. counted as income or resources when deter- letter, confirming this understanding with mining eligibility for any federal means- Floods have been, and continue to be, one respect to H.R. 804, and would ask that a of the most destructive and costly natural haz- tested program. The Federal Emergency copy of our exchange of letters on this mat- Management Agency (FEMA) awards grants ter be included in the Congressional Record ards to our nation. In the aftermath of Hurri- to states and communities, which in turn during floor consideration. cane Dennis this past weekend, I fear many distribute funds to individuals and busi- Best regards, communities in the South and Midwest will witnesses for activities that reduce the risk of BILL THOMAS, ness this unrelenting power firsthand as the repetitive flood damage to buildings. Data Chairman. tropical depression continues to unload heavy, from FEMA show that the average approved flooding rains inland. award is about $75,000. HOUSE OF REPRESENTATIVES, During this past year, there have been three CBO expects that enacting this bil1 would COMMITTEE ON FINANCIAL SERVICES, major floods in my district in eastern Ohio. All increase the number of persons eligible for Washington, DC, July 12, 2005. three of these incidents qualified for federal re- certain means-tested programs including Hon. WILLIAM M. THOMAS, lief granted by the President. Recent flooding Food Stamps and Medicaid. Currently, flood Chairman, Committee on Ways and Means, mitigation grants are counted as income or Longworth House Office Building, Wash- in January of this year resulted in historic lev- resources. by these programs and make some ington, DC. els in several local dams, and, in Tuscarawas people ineligible for benefits or reduce the DEAR CHAIRMAN THOMAS: Thank you for County, three communities were forced to amount of their benefit. (Certain other your letter regarding H.R. 804, a bill ‘‘to ex- evacuate, which displaced 7,000 people. I was FEMA grants are already excluded from include from consideration as income certain able to witness this devastation firsthand when come for benefit-eligibility purposes.) Based payments under the flood insurance pro- I toured damaged properties in both on data from FEMA on the number of flood gram.’’ Tuscarawas and Guernsey counties. Also, I mitigation grants awarded since fiscal year I recognize that specifying the treatment am planning to hold a field hearing in of these payments for purposes of deter- 1997 CBO estimates that the increase in the Tuscarawas County next month to continue number of people newly eligible for these mining eligibility for any income assistance programs as a result of this legislation would or resource-tested programs could affect eli- the Subcommittee’s oversight of the National be small and that any increase in direct gibility for and benefit levels under certain Flood Insurance Program. spending for them would not be significant. programs, including those under the jurisdic- The National Flood Insurance Program is a Enacting the bill would not affect revenues. tion of the Committee on Ways and Means. I valuable tool in addressing the losses incurred appreciate your cooperation in developing an H.R. 804 contains no intergovernmental or throughout this country due to floods. It amended version of the bill, thereby permit- private-sector mandates as defined in the assures that businesses and families have acting its consideration under suspension of Unfunded Mandates Reform Act, and any in- cess to affordable flood insurance that would the rules. This cooperation does not preju- creased spending by states for public benefits not be available on the open market. dice your Committee in any way with re- would be minimal. Prior to the passage of the National Flood spect to the appointment of conferees or its This revised estimate supersedes the esti- jurisdictional prerogatives on this or similar Insurance Act in 1968, insurance companies mate that CBO transmitted on,this bill on legislation. generally did not offer coverage for flood dis- March 31, 2005. Based on new information on I intend to place this exchange of letters in asters because of the high risks involved. both the number of flood mitigation grants the Congressional Record. Thank you again Today, almost 20,000 communities participate and how they are distributed, CBO has low- for your assistance. in the national flood insurance program. More ered its estimate of the number of instances Yours truly, that 90 insurance companies sell and service where individual families receive such MICHAEL G. OXLEY, flood policies. There are approximately 4.4 grants. We previously estimated a cost of Chairman. million policies covering a total of $620 billion. about $1 million a year, but now estimate Mr. NEY. Mr. Speaker, I appreciate Chair- Last year’s Flood Insurance Reform Act that such costs would be less than $500,000 a man BAKER’s effort on crafting this piece of year. achieved significant reforms to this important legislation and Chairman MIKE OXLEY’s dili- federal program and I look forward to hearing The CBO staff contacts for this estimate gence in seeing this bill to the floor. from all of our witnesses today as we discuss are Kathleen FitzGerald (for federal costs), H.R. 804, introduced on February 15, 2005, FEMA’s implementation of its flood mapping Leo Lex (for the impact on state, local, and tribal governments), and Paige Piper/Bach will prevent federal agencies that administer policy, as well as determine whether new re- (for the private-sector impact). This esti- means-tested or income-tested benefits from forms and initiatives are in order to com- mate was approved by Peter H. Fontaine, considering NFIP mitigation grants as income. plement the work we accomplished last year. Deputy Assistant Director for Budget Anal- H.R. 804 is necessary due to an IRS ruling in I urge my colleagues to approve this legisla- ysis. July 2004 that such grants must be reported tion.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15637 Mr. OXLEY. Mr. Speaker, I rise today in onautics and Space Administration and image of 1 of the 9 planets of the solar sys- support of H.R. 804, a bill that would exclude the Jet Propulsion Laboratory, as tem, including Earth. from consideration as income certain pay- amended. (ii) REVERSE.—The reverse of the $1 coins The Clerk read as follows: issued under this Act shall bear different de- ments under the national flood insurance pro- signs each of which shall be emblematic of gram. H.R. 68 discoveries and missions of the Jet Propul- This bill was introduced by my friend and Be it enacted by the Senate and House of Rep- sion Laboratory to the planet depicted on colleague from Louisiana, Mr. RICHARD BAKER, resentatives of the United States of America in the obverse of the coin, subject to the fol- and was reported from the Financial Services Congress assembled, lowing requirements: Committee, by voice vote, on March 16, 2005. SECTION 1. SHORT TITLE. (I) EARTH COIN.—The reverse of the $1 coins I am pleased to see it on the floor of the This Act may be cited as the ‘‘NASA and issued under this Act which bear an image of House this morning and am confident that it JPL 50th Anniversary Commemorative Coin the Earth on the obverse shall bear images Act’’. will receive favorable consideration. emblematic of, and honoring, the discoveries SEC. 2. COIN SPECIFICATIONS. and missions of the National Aeronautics H.R. 804 is a common-sense bill that will (a) DENOMINATIONS.—In commemoration of and Space Administration, the Mercury, prevent Federal agencies administering the 50th anniversary of the establishment of Gemini and Space Shuttle missions and means- or income-tested benefits from consid- the National Aeronautics and Space Admin- other manned Earth-orbiting missions, and ering National Flood Insurance Program istration and the Jet Propulsion Laboratory, the Apollo missions to the Moon. (NFIP) mitigation grants as income. Success- the Secretary of the Treasury (hereafter in (II) JUPITER COIN.—The reverse of the $1 ful distribution of these mitigation grants is vi- this Act referred to as the ‘‘Secretary) shall coins issued under this Act which bear an tally important to the financial soundness of mint and issue the following coins: image of the planet Jupiter on the obverse the NFIP, since they help prevent costly repet- (1) $50 GOLD COINS.—Not more than 50,000 shall include a scientifically accurate depic- $50 gold coins which shall— tion of the Galilean moon Europa and depict itive flood losses by allowing homeowners to (A) weigh 33.931 grams; both a past and future mission to Europa. elevate their properties or take other meas- (B) have a diameter of 32.7 millimeters; (III) SATURN COIN.—The reverse of the $1 ures to prevent future flooding. and coins issued under this Act which bear an In July 2004, an IRS ruling maintained that (C) contain 1 troy ounce of fine gold. image of the planet Saturn on the obverse these mitigation grants must be reported to (2) $1 SILVER COINS.—Not more than 400,000 shall include a scientifically accurate depic- the IRS as income for tax purposes. As a re- $1 coins of each of the 9 designs specified in tion of the moon Titan and depict both a sult, some homeowners have refused mitiga- section 3(a)(3)(B), which shall— past and a future mission to Titan. tion offers out of a concern that mitigation (A) weigh 26.73 grams; (IV) PLUTO COIN.—The reverse of the $1 (B) have a diameter of 1.500 inches; and coins issued under this Act which bear an funds could increase their reported income to (C) contain 90 percent silver and 10 percent image of the planet Pluto on the obverse levels that would result in a loss of Federal copper. shall include a design that is emblematic of education, nutrition and health care benefits. (b) LEGAL TENDER.—The coins minted telescopic exploration of deep space by the Other homeowners fear potential tax liabilities. under this Act shall be legal tender, as pro- National Aeronautics and Space Administra- We in the Congress have put in a great deal vided in section 5103 of title 31, United States tion and the ongoing search for Earth-like of work over the past several years on the re- Code. planets orbiting other stars. petitive flood loss issue, culminating in the (c) NUMISMATIC ITEMS.—For purposes of (iii) EDGE.—It is the sense of the Congress section 5134 of title 31, United States Code, Bunning-Bereuter-Blumenauer Flood Insur- that, to the extent practicable, the edge of all coins minted under this Act shall be con- each $1 coin should bear the names and dates ance Reform Act of 2004. This Act expanded sidered to be numismatic items. or range of dates of missions or mission the use of mitigation grants and requires SEC. 3. DESIGN OF COINS. types to the planet depicted on the obverse. homeowners to participate in flood mitigation (a) DESIGN REQUIREMENTS.— (4) REALISTIC AND SCIENTIFICALLY ACCURATE programs. Unfortunately, we are now faced (1) IN GENERAL.—The design of the coins DEPICTIONS.—The images for the designs of with a situation where affected homeowners minted under this Act shall be emblematic coins issued under this Act shall be selected face the loss of benefits such as subsidized of the 50 years of exemplary and unparalleled on the basis of the realism and scientific ac- school lunches, Federal education grants and achievements of the National Aeronautics curacy of the images and on the extent to Medicaid. That is just not right. and Space Administration and the Jet Pro- which the images are reminiscent of the dra- pulsion Laboratory. matic and beautiful artwork on coins of the H.R. 804 removes this concern and will (2) DESIGNATION AND INSCRIPTIONS.—On so-called ‘‘Golden Age of Coinage’’ in the allow flood mitigation grants to work as in- each coin minted under this Act there shall United States, at the beginning of the Twen- tended. I urge my colleagues to help protect be— tieth Century, with the participation of such homeowners throughout our Nation by sup- (A) a designation of the value of the coin; noted sculptors and medallic artists as porting final passage of H.R. 804. (B) an inscription of the year ‘‘2008’’; and James Earle Fraser, Augustus Saint- Mr. BAKER. Mr. Speaker, I have no (C) inscriptions of the words ‘‘Liberty’’, Gaudens, Victor David Brenner, Adolph A. further requests for time, and I yield ‘‘In God We Trust’’, ‘‘United States of Amer- Weinman, Charles E. Barber, and George T. back the balance of my time. ica’’, and ‘‘E Pluribus Unum’’, and such Morgan. The SPEAKER pro tempore (Mr. other inscriptions as the Secretary may de- (b) SELECTION.—The design for the coins termine to be appropriate for the designs of minted under this Act shall be— FOLEY). The question is on the motion the coins. (1) selected by the Secretary after con- offered by the gentleman from Lou- (3) COIN IMAGES.— sultation with the Administrator of the Na- isiana (Mr. BAKER) that the House sus- (A) $50 COINS.— tional Aeronautics and Space Administra- pend the rules and pass the bill, H.R. (i) OBVERSE.—The obverse of the $50 coins tion, the Director of the Jet Propulsion Lab- 804, as amended. issued under this Act shall bear an image of oratory, and the Commission of Fine Arts; The question was taken; and (two- the sun. and thirds having voted in favor thereof) (ii) REVERSE.—The reverse of the $50 coins (2) reviewed by the Citizens Coin Advisory the rules were suspended and the bill, issued under this Act shall bear a design em- Committee. blematic of the sacrifice of the United States as amended, was passed. SEC. 4. SYMBOLIC INCLUSION OF METALS THAT astronauts who lost their lives in the line of HAVE FLOWN IN SPACE. A motion to reconsider was laid on duty over the course of the space program. (a) COLLECTION.—Each Federal agency and the table. (iii) EDGE.—The edge of the $50 coins issued instrumentality of the United States, includ- f under this Act shall bear the names and ing the Department of Defense, the Smithso- dates of the spacecraft missions on which nian Institution, the National Aeronautics NASA AND JPL 50TH ANNIVER- United States astronauts lost their lives and Space Administration, and the Jet Pro- SARY COMMEMORATIVE COIN over the course of the space program. pulsion Laboratory, that has in its posses- ACT (iv) HIGH RELIEF.—The design and inscrip- sion any craft, or any part of a craft, that Mr. BAKER. Mr. Speaker, I move to tions on the obverse and reverse of the $50 flew in space shall— suspend the rules and pass the bill coins issued under this Act shall be in high (1) retrieve such gold, silver, copper, and relief. other metals that the Director of the United (H.R. 68) to require the Secretary of (B) $1 COINS.— States Mint determines are appropriate for the Treasury to mint coins in com- (i) OBVERSE.—The obverse of the $1 coins use in the production of any coins under this memoration of the 50th anniversary of issued under this Act shall bear 9 different Act, from such craft or part, that can be re- the establishment of the National Aer- designs each of which shall consist of an trieved without harming any such craft or

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15638 CONGRESSIONAL RECORD—HOUSE July 12, 2005 part that may be of continuing use for its (2) DISCOUNT.—Sale prices with respect to marks on H.R. 68 and to insert extra- original purpose or for research, or whose prepaid orders under paragraph (1) shall be neous material thereon. preservation is appropriate for historical at a reasonable discount. The SPEAKER pro tempore. Is there purposes; and (c) PRESENTATION.—In addition to the objection to the request of the gen- (2) deposit such metals so retrieved with issuance of coins under this Act in such the Director of the United States Mint. other methods of presentation as the Sec- tleman from Louisiana? (b) USE OF METALS IN PRODUCTION OF retary of the Treasury determines to be ap- There was no objection. COINS.—Any metals deposited with the Di- propriate, the Secretary shall provide, as a Mr. BAKER. Mr. Speaker, I yield my- rector of the United States Mint under sub- sale option, a presentation case which dis- self such time as I may consume. section (a) shall be used in the production of plays the $50 gold coin in the center sur- Mr. Speaker, I wish to commend the the coins struck under this Act by blending rounded by the $1 silver coins in an elliptical gentleman from Texas (Mr. CULBERSON) such metals with other metal necessary for orbit. and the Members of the Texas delega- the production of such coins so that all of SEC. 7. SURCHARGES. tion for their efforts in recognizing the the coins produced under this Act will con- (a) IN GENERAL.—All sales of coins minted tain some proportion of the bullion obtained achievements of NASA with the intro- under this Act shall include a surcharge as duction of H.R. 68. from craft or parts of crafts that flew in follows: space in an amount appropriate for the types (1) A surcharge of $50 per coin for the $50 It is highly appropriate at the time and denominations of the coins and the coin. we are soon to expect the space shuttle amount of metals so deposited. (2) A surcharge of $10 per coin for the $1 program to reenter demand exploration (c) RECORDKEEPING.—It is the sense of the coin. effort this week that we observe and Congress that each Federal agency and in- (b) DISTRIBUTION.—Subject to section strumentality of the United States which re- appreciate the heroism, genius and sac- 5134(f) of title 31, United States Code, all sur- trieves any metals in accordance with sub- rifices that the program has given us charges received by the Secretary from the section (a) should maintain accurate and to this point in time. sale of coins issued under this Act shall be complete records of the retrieval and deposit I think it is also appropriate that promptly distributed as follows: of any such metals sufficient to allow the Di- (1) The first $1,000,000 available for dis- with NASA’s Deep Impact Project of rector of the United States Mint— tribution under this section, to the NASA just a few days ago, impacting the sur- (1) to provide certificates of authenticity Family Assistance Fund for the purposes of face of Comet Temple, as well as the with coins issued under this Act that some providing need-based financial assistance to very slow rolling wheels of Spirit and proportion of the contents of such coins were the families of NASA personnel who die as a obtained from craft or parts of crafts that Opportunity cross and traverse the face result of injuries suffered in the performance flew in space; and of Mars, it seems stunningly impossible of their official duties. (2) to package with each issued coin a list that these programs began only 50 (2) Of amounts available for distribution of the missions in which such craft flew in years ago. That is why, Mr. Speaker, I after the payment under paragraph (1), 1⁄2 to space. the Secretary of the Smithsonian Institution think this legislation is important for (d) PRIVATE SPACECRAFT.— for the preservation, maintenance, and dis- the House to favorably consider as it (1) IN GENERAL.—Each Federal agency and seeks to commemorate the anniversary instrumentality of the United States that play of space artifacts at the National Air has or continues to conduct space-related and Space Museum (including the Steven F. by issuing in 2008 into silver dollar missions shall, in addition to the efforts de- Udvar-Hazy Center). coins and a single $50 coin representing scribed in subsection (a), make efforts to se- (3) Of amounts available for distribution the nine planets and the gold coin rep- 1 cure and retrieve from privately-held craft after the payment under paragraph (1), ⁄2 to resenting the sun. that has flown in space such gold, silver, cop- the Secretary of the Smithsonian Institution Fittingly, the first million dollars of for the express purpose of providing funding per and other metals that the Director of the surcharges resulting from this effort United States Mint determines are appro- for the establishment of a new stand-alone National Museum of Money. will go to a needs-based fund benefiting priate for use in the production of any coins the next of kin of those heroes who under this Act. (c) AUDITS.—The NASA Family Assistance Fund and the Secretary of the Smithsonian died in the exploration of space. Fur- (2) RECORDKEEPING.—It is the sense of the Congress that each Federal agency and in- Institution shall be subject to the audit re- ther, the remainder of funds will go to strumentality of the United States which requirements of section 5134(f)(2) of title 31, the Smithsonian for help in preserva- trieves any metals pursuant to paragraph (1) United States Code, with regard to the tion of important spacecraft and half of from privately-held craft that has flown in amounts received under subsection (b). the fund to create a stand-alone Smith- (d) LIMITATION.—Notwithstanding sub- space should comply with the recordkeeping section (a), no surcharge may be included sonian museum here in the District procedures described in subsection (c) with with respect to the issuance under this Act dedicated specifically to coins, cur- respect to such metal. of any coin during a calendar year if, as of rency and other monetary forms of SEC. 5. ISSUANCE OF COINS. the time of such issuance, the issuance of transaction. (a) QUALITY OF COINS.—Coins minted under such coin would result in the number of com- this Act shall be issued in proof quality only. Mr. Speaker, I yield 4 minutes to the memorative coin programs issued during (b) MINT FACILITY.—Only 1 facility of the gentleman from Texas (Mr. CULBERSON) United States Mint may be used to strike such year to exceed the annual 2 commemo- who has led the charge to see this goal any particular combination of denomination rative coin program issuance limitation through to its final conclusion. and quality of the coins minted under this under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the Mr. CULBERSON. Mr. Speaker, I Act. thank the gentleman for yielding me (c) COMMENCEMENT OF ISSUANCE.—The Sec- enactment of this Act). The Secretary of the retary may issue coins minted under this Treasury may issue guidance to carry out time and for bringing this bill to the Act beginning January 1, 2008. this subsection. floor in an expeditious fashion. I want (d) TERMINATION OF MINTING AUTHORITY.— SEC. 8. BRONZE DUPLICATES. to thank the committee members. I No coins may be minted under this Act after The Secretary may strike and sell bronze want to thank my 291 co-sponsors. I es- December 31, 2008. duplicates of the $50 gold coins authorized pecially want to thank an extraor- SEC. 6. SALE OF COINS. under this Act, at a price the Secretary de- dinarily able member of the gentle- (a) SALE PRICE.—The coins issued under termines to be appropriate. man’s staff, Joe Pinder, who has done a this Act shall be sold by the Secretary at a The SPEAKER pro tempore. Pursu- superb job in helping prepare this bill price equal to the sum of— ant to the rule, the gentleman from (1) the face value of the coins; for this floor. (2) the surcharge provided in section 7(a) Louisiana (Mr. BAKER) and the gentle- It is indeed appropriate that the Con- with respect to such coins; and woman from New York (Mrs. MALONEY) gress recognize the 50th anniversary of (3) the cost of designing and issuing the each will control 20 minutes. the creation of the National Aero- coins (including labor, materials, dies, use of The Chair recognizes the gentleman nautics and Space Administration and machinery, overhead expenses, marketing, from Louisiana (Mr. BAKER). the Jet Propulsion Laboratory with and shipping). GENERAL LEAVE this commemorative coin set for the (b) PREPAID ORDERS.— (1) IN GENERAL.—The Secretary shall ac- Mr. BAKER. Mr. Speaker, I ask year 2008 here about 24 hours away cept prepaid orders for the coins minted unanimous consent that all Members from America’s return to space with under this Act before the issuance of such may have 5 legislative days within our launch tomorrow afternoon of the coins. which to revise and extend their re- Space Shuttle Discovery, which will go

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15639 from zero to Mach 25 in 8 minutes and This commemorative coin set is just It is particularly appropriate that we 30 seconds into Earth’s orbit tomorrow one small piece of ongoing work that consider this bill today just hours be- and just a short week after the Jet Congress is doing in support of NASA. fore the important launch of the Space Propulsion Laboratory again showed It is difficult to even measure the Shuttle Discovery tomorrow. That the world the technological prowess of value of the work that NASA does in launch begins the mission stage of the America’s space program by hitting a exploring outer space. Measuring the Return to Flight program NASA under- comet for the very first time and ex- value of NASA’s work today is a lot took after the Columbia tragedy. That posing its inner workings to the eyes of like the question facing Americans 200 review included new safety procedures, scientists. years ago when the Lewis and Clark ex- new analysis and reporting procedures, It was, in fact, on January 31 of 1958 pedition was launched to explore the and new cost efficiencies. Let us hope that the American space program west. How could Americans then meas- that it is the successful beginning of a began with the launch of the first U.S. ure the value of all the minerals and new and exciting era of this agency. satellite, Explorer 1, which was built animal species that the Lewis and Commander Eileen Collins, the first and controlled by the Jet Propulsion Clark expedition would find? How can woman to command a space shuttle Laboratory, under the guidance of the we today measure the value of the ex- mission, and her crew of 7 will once United States Army in response to the ploration and discoveries that will be again take the shuttle to the Inter- Soviet Union’s launching of Sputnik. made by NASA in the Jet Propulsion national Space Station testing new The United States responded very Laboratory? safety procedures and delivering sup- quickly, and before the year was out, Americans today are enjoying the plies. Although there have been several the Congress had created the National value of the miniaturization of com- well-known women astronauts before, Aeronautics and Space Administration puters, medical technology, heart Commander Collins is still a new first, on December 3, 1958. JPL was then pumps, valves, power generators, image and I for one am particularly excited transferred over to the control of processing, cell phone technology, CAT about this mission. We, the world, will NASA. And since that time, JPL and scanners, MRI machines, pacemakers. be watching as Discovery lifts off to- NASA and the United States have gone All of these extraordinary techno- morrow. on to explore our entire solar system logical innovations are the result of with the help of the Hubble Space Tele- b 1100 work on our space program. scope, the Spitzer Space Telescope. Mr. Speaker, I am very proud to be I urge my colleagues to support H.R. We now have telescopes in orbit 68, which commemorates the proud his- around the Earth that have identified the author of this legislation. Mrs. MALONEY. Mr. Speaker, I yield tory of our National Aeronautics and up to 160 planets around other solar myself such time as I may consume. Space Administration, and I would like systems. NASA has discovered, as the Mr. Speaker, I rise in strong support to join my colleagues in thanking Joe chairman just mentioned, with the of H.R. 68, the NASA and JPL 50th An- Pinder, a member of the committee, Mars Rovers that liquid water not only niversary Commemorative Coin Act. for his very, very hard work in bring- once existed on the surface of Mars, it Since it was first introduced by the ing the bill before us today. appears that there are large frozen gentleman from Texas (Mr. CULBERSON) Mr. Speaker, I yield 1 minute to the lakes on Mars. We have landed on the at the beginning of this Congress, it gentleman from Texas (Mr. AL GREEN) surface of the moon Titan. We not only a member of the committee whose dis- landed men on the moon with the very has gathered almost 300 bipartisan co- trict is very close to where the shuttle successful Apollo program, but we are, sponsors, and I am very proud to have will take off tomorrow and who is also under President Bush’s vision for space worked with him in this effort. a member of the Committee on Finan- exploration and the leadership of our It is not surprising that it has such cial Services. new NASA administrator, Mike Griffin, strong support. NASA is a national in- Mr. AL GREEN of Texas. Mr. Speak- rapidly moving towards the day very stitution that has always had strong er, I thank the gentlewoman for yield- soon when men and women will return support in this body. Its quest for sci- ing me this time, and I rise to support to the surface of the moon. entific knowledge and new frontiers of The accomplishments of NASA and exploration has often pulled this Na- this bipartisan effort to honor NASA the Jet Propulsion Laboratory are ab- tion together. with a 50th anniversary commemora- solutely extraordinary, but this explo- In the half century since its found- tive coin. Mr. Speaker, this is a great ration has not come without risk or ing, NASA has so often given us some- occasion, and I wish to thank those loss. As with all exploration that is thing to be proud of and patriotic who have made this great occasion pos- new in pressing the frontiers, it is dan- about. When President Kennedy first sible. gerous. Tragically, on January 27, 1967, told the world that the United States I thank the gentleman from Lou- the three Apollo astronauts were killed would be the first to put a man on the isiana (Mr. BAKER), chairman of the in a fire on the launch pad of Apollo I. moon; when Neil Armstrong fulfilled Committee on Financial Services; the On January 28, 1996 the Space Shuttle that promise with one small step seen gentleman from Texas (Mr. CULBER- Challenger was lost with its entire around the world, and I do not think SON); the majority leader, the gen- crew. And on February 1, 2003, the any of us who had the honor of seeing tleman from Texas (Mr. DELAY); the Space Shuttle Columbia and its seven- that will ever forget it; when the gentleman from Texas (Mr. GENE member crew were lost during reentry. Hubble telescope sent back those first GREEN); the gentlewoman from New Therefore, in designing this set of amazing photos of far away galaxies 15 York (Mrs. MALONEY); and the gen- coins, I have proposed in this bill that years ago; when the Mars Rovers, Spir- tleman from California (Mr. SCHIFF) for the centerpiece will be a $50 gold piece it and Opportunity found evidence of a their singular effort to bring this bi- in high relief and proof honoring the former sea deep beneath the surface of partisan bill to the floor. lives of astronauts who have lost their the red planet, these are just a few of I also wish to thank the many who lives in their exploration of space. On the very proud moments that this coin work at NASA, Mr. Speaker, from the that $50 gold piece will be an image of remembers. top administrator to the janitors who the sun. Then arranged around it will This coin also honors those brave sweep the floor. They all play a role in be nine silver proof dollars, each one men and women who have given their making space flight possible. And of representing a different planet in the lives in their pursuit of knowledge. The course, Mr. Speaker, I thank God for solar system and each one commemo- crew of the Challenger, the crew of the those brave astronauts who leave loved rating missions to that planet. And of Columbia, the Apollo I crew. These are ones behind to traverse the heavens. course the silver dollar for the planet true heroes, and it is imminently fit- Mr. Speaker, while we commemorate Earth on the reverse side will have a ting that the proceeds of this coin will NASA’s 50 years of existence, we must design emblematic to the Apollo mis- go to the families of NASA personnel acknowledge that it could not have sions as well as Earth orbital missions. who have died in the line of duty. been done without the hand of God.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15640 CONGRESSIONAL RECORD—HOUSE July 12, 2005 And if it is God’s will, Mr. Speaker, it a portion of the surcharge income pro- Mr. Speaker, I congratulate my col- is safe to say that we have only just duced by the sale of these coins to pro- league, the gentleman from Texas (Mr. begun. vide not only funds for the NASA Fam- CULBERSON), and I was a proud original Mrs. MALONEY. Mr. Speaker, I re- ily Assistance Fund, but also the ini- cosponsor in his effort to promote and serve the balance of my time. tial funding for a stand-alone museum celebrate the excitement of the work of Mr. BAKER. Mr. Speaker, I yield my- of money in Washington, DC, as a part NASA and the Jet Propulsion Lab. I self such time as I may consume. of the Smithsonian Institution. also thank the gentleman from Lou- Mr. CULBERSON. Mr. Speaker, will And as the gentleman also knows, isiana (Mr. BAKER) and the gentle- the gentleman from Louisiana yield for the National Numismatic Collection of woman from New York (Mrs. MALONEY) the purpose of entering into a col- the Smithsonian is not currently on as well for their efforts in moving this loquy? display, except for a few coins or cur- legislation forward. Mr. BAKER. I yield to the gentleman rency in various exhibits related to the This legislation is unique in its pro- from Texas for the purpose of a col- coins or currency or to the images dis- motion of NASA and the Jet Propul- loquy. played on them. Would the gentleman sion Lab, and it speaks to the best of Mr. CULBERSON. Mr. Speaker, I agree with me that the numismatic what NASA represents. I believe, of would ask the chairman of the sub- collection, one of the largest and best course, that human space flight is cru- committee, is it his understanding that of its sort in the world, should be dis- cial to the knowledge of men and a major purpose of commemorative played in its own building here in women and the improvement and en- coin legislation is to produce coins Washington, in such a way that helps hancement of Americans and people that commemorate particular institu- people understand not only the history around the world. At the same time, tions, individuals, or places, allowing of commerce and coins and currency in the Jet Propulsion Lab also offers its both collectors and other citizens who the United States but also the history own assets: new technology and under- are fans of the person or thing being of this country’s development? standing of flight and new sciences re- commemorated to buy coins at a rea- Mr. BAKER. I do agree. garding these issues. sonable cost? Mr. CULBERSON. Would the gen- The good news of this particular leg- Mr. BAKER. That is my under- tleman further agree that the numis- islation is it responds to a concern that standing. matic collection would best be dis- I have, and that is to recognize the Mr. CULBERSON. Is it further the played in a separate museum here in families that have seen their loved gentleman’s understanding that the Washington, not as a subset or sub- ones lost in the exploration of space. Congress has received complaints from sidiary of any existing Smithsonian We know that space exploration is a citizens who want to buy such com- museum, but that such a museum good thing, so the idea that the $50 memorative coins claiming that, par- could also display examples of other coin and the $10 coin, or the two coins ticularly for the more sought-after forms of exchange of value, from barter that will be offered, the surcharge that coins, that professional coin dealers and wampum to coins and currency of will be on those two coins will be uti- buy up large numbers of those coins other countries, to electronic transfers lized for the NASA Family Assistance and sets, and then turn around and re- of value, along with demonstrations of Funds, which proposes financial assist- sell them to the public at a marked-up how coins and currencies are produced ance to the families of NASA personnel price? in its own stand-alone museum here in who die as a result of injuries suffered Mr. BAKER. That is unfortunately Washington, DC? in the performance of their official du- the case. Mr. BAKER. I do agree. ties. Mr. CULBERSON. Would the gen- Mr. CULBERSON. Does the gen- As a neighbor to the Johnson Space tleman also agree that it is the intent tleman agree that such a museum’s ex- Center, I knew the families of Chal- of Congress, through this legislation, hibits could be kept vital by constant lenger and Columbia, and my heart, as that as many people as possible have development of traveling exhibits to well as the hearts of all Americans, an equal opportunity to buy these com- museums around the country, includ- poured out in response to the enormous memorative coin sets or individual ing those of the American Numismatic impact and loss of life to those families coins once the Mint initially issues Association, the American Numismatic and to America, brave astronauts will- them? Society, and perhaps, if it is con- ing to risk their lives so that others Mr. BAKER. That is correct. structed, a museum in the old Mint in might live well or better. Mr. CULBERSON. Then I am sure the San Francisco? Tomorrow, at 3:51, the Space Shuttle gentleman would also agree with me Mr. BAKER. The gentleman agrees Discovery is scheduled to launch from that the Mint should be very careful, and believes that such a plan would be the Kennedy Space Center in Florida take as much care as possible with all an excellent way to keep a new na- with a woman commander. What better high-demand commemorative coin tional museum of money exciting so statement to support that effort than issues, but particularly with coin sets that visitors would be interested in re- by passing this legislation today. Even produced under this act, to sell no turning many times. as they go forward, they will have the more than 10 complete sets of any issue Mr. CULBERSON. Mr. Speaker, I opportunity to test the muster and for- to any individual, whether the pur- thank the gentleman for this colloquy. titude of the space station by deliv- chase is made by that individual or Mr. BAKER. Mr. Speaker, I reserve ering goods and services there. They through straw buyers. the balance of my time. will first demonstrate repair tech- Mr. BAKER. The gentleman agrees Mrs. MALONEY. Mr. Speaker, I yield niques on the shuttle’s protective tiles, and stipulates the Mint should make 41⁄2 minutes to the gentlewoman from known as the thermal protection sys- every effort not to sell more than 10 Texas (Ms. JACKSON-LEE). tem. During the second space walk, sets of coins produced under the act to Ms. JACKSON-LEE of Texas. Mr. they will replace a failed control mo- any buyer, be they bought by that indi- Speaker, as a member of the House ment gyroscope, which helps keep the vidual or through buyers acting on be- Committee on Science, this is an im- station oriented properly. And, finally, half of that individual. portant day and an important week. I they will install the external storage Mr. CULBERSON. I thank the gen- am delighted we have an opportunity platform, a sort of space shelf for hold- tleman, and would the gentleman yield to debate the assets of NASA today in ing spare parts during station con- further? the commemoration of their beginning struction. Mr. BAKER. The gentleman con- their human space flight again. This This bill also provides for a free- tinues to yield. legislation, the NASA and JPL 50th standing museum and also a traveling Mr. CULBERSON. As the gentleman Anniversary Commemorative Coin Act, exhibit to promote and celebrate the knows, the legislation under consider- is one that I think speaks loudly to the various metals that have been found in ation by the House today would devote celebration that we hold tomorrow. space. I think that is an excellent idea.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15641 Mr. Speaker, I rise to support this tion of the Columbia Accident Investigation gress in 1993 together. I rise to offer my legislation and I make one comment. It Board recommendations completed, this crew strong support for H.R. 68 as an origi- is important as we support the human of seven astronauts will fly aboard Space nal cosponsor. The National Aero- space shuttle as it goes off tomorrow, Shuttle Discovery on mission STS–114 to test nautics and Space Administration and that we continue our oversight with new safety techniques and deliver needed the Jet Propulsion Laboratory have the NASA authorization bill and that supplies to the International Space Station. made significant contributions to all we recognize the importance of safety Two crewmembers, Steve Robinson and aspects of science advancement over and that we promote in large dollars Soichi Noguchi, will venture outside the Shut- the last half century and deserve the the needs of NASA as it looks to the tle three times on spacewalks. The first will commemoration by having a coin sophistication of new safety standards. demonstrate repair techniques on the Shuttle’s minted celebrating this anniversary. Then of course I hope that my col- protective tiles, known as the Thermal Protec- Since its inception in October of 1958, leagues will join me in honoring those tion System. During the second spacewalk, NASA has pushed the boundaries of ex- who lost their lives aboard Columbia by they’ll replace a failed Control Moment Gyro- ploration from Earth to the Moon, to rendering a gold medal, where I sought scope, which helps keep the station oriented the outer reaches of the solar system 300-plus signatures on legislation that I properly. Finally, they’ll install the External and to the edge of the universe through offered to promote that and to ac- Stowage Platform, a sort of space shelf for scientific and technological feats in air knowledge their loss through a gold holding spare parts during Station construc- and space. NASA remains a leading medal. I think that will bring us full tion. STS–114 will also be the third trip of the force in scientific research and stimu- circle to acknowledging going forward Multi Purpose Logistics Module, MPLM, lating public interest in aerospace ex- but also acknowledging the sacrifices named Raffaello to the Station. It’s essentially ploration, as well as science and tech- that were being made. a ‘‘moving van’’ that transports supplies to the nology in general. Let me conclude my remarks by say- orbital outpost. Since 1997, I have had the privilege of ing that in 1962, John F. Kennedy was I have consistently stated that since the Co- having NASA astronauts visit middle at Rice University and he said these lumbia shuttle accident, that safety must be schools in the congressional district I words: ‘‘We set sail on this new sea be- our number one priority. There is no doubt represent. It is good to have them as cause there is new knowledge to be that the Space Shuttle Discovery is the safest neighbors, literally in the district of gained and new rights to be won, and ever flown by NASA, but when it comes to the gentleman from Texas (Mr. they must be won and used for the safety there is always more work to be done, DELAY), but they actually come to our progress of all people, for science tech- both in regards to the shuttle as well as to the district to visit. The interaction be- nology has no conscience of its own.’’ International Space Station. All Americans can tween these middle school students Today, we honor them by this legis- look proudly upon the achievements of our with the astronauts and the questions lation. I congratulate my colleague for space exploration tomorrow when we witness they ask about space and NASA dem- H.R. 68, and I urge my colleagues to en- the launch of Discovery. onstrate the benefits of our space pro- thusiastically support it, for it recog- Truly, we as a nation have come a long way gram and the impact on getting our nizes NASA and JPL for their 50th an- in the area of space exploration since Presi- students today who are in middle niversary. dent John F. Kennedy set the course for our school excited about math and science. I rise today as a proud cosponsor of H.R. Nation when he stated in a speech at Rice It is really great when an astronaut 68, the NASA and JPL 50th Anniversary Com- University in 1962: ‘‘We set sail on this new who has a great story to tell can get memorative Coin Act. Let me first thank the sea because there is new knowledge to be the attention of these 6th, 7th and 8th sponsor of this legislation my colleague from gained, and new rights to be won, and they graders. Because, again, that is the fu- Texas, Mr. CULBERSON and the work of Ms. must be won and used for the progress of all ture not only of NASA but of our Na- MALONEY in bringing this legislation to the people. For space science, like nuclear tion. When looking back over its his- floor. This bill would require the Secretary of science and technology, has no conscience of tory, we remember such revolutionary the Treasury to mint coins in commemoration its own. Whether it will become a force for achievements as the Echo Project, of the 50th anniversary of the establishment of good or ill depends on man, and only if the which led to advancements towards the the National Aeronautics and Space Adminis- United States occupies a position of pre- satellite systems we take for granted tration and the Jet Propulsion Laboratory. eminence can we help decide whether this today, the creation of the manned I am heartened to see that the NASA and new ocean will be a sea of peace or a new spacecraft center and mission control JPL 50th Anniversary Commemorative Coin terrifying theater of war—The great British ex- in my hometown of Houston, which Act stipulates that any funds generated by the plorer George Mallory, who was to die on later was renamed the Johnson Space sale of these coins shall be paid by the Sec- Mount Everest, was asked why did he want to Center, on through Neil Armstrong’s retary to the NASA Family Assistance Fund climb it. He said because it is there. Well first steps on the Moon and the lift-off for the purposes of providing financial assist- space is there, and we’re going to climb it. of the shuttle program and the con- ance to the families of NASA personnel who And the moon and the planets are there. And struction of the International Space die as a result of injuries suffered in the per- new hopes for knowledge and peace are Station. formance of their official duties. This Act also there. And therefore, as we set sail, we ask The achievements of NASA have not states that each coin shall include a portion of God’s blessing, on the most hazardous, and come without cost, however, and hav- metal that has flown In space so that these dangerous, and greatest adventure, on which ing a coin minted to celebrate NASA’s coins are truly symbolic of our Nation’s jour- man has ever embarked.’’ Tomorrow after- accomplishments will also honor the ney through space. noon we embark on yet another journey of ex- sacrifices made by crew members of Being from the City of Houston, which is ploration and we write another chapter in the Apollo I, Challenger and Colombia who home to the Johnson Space Center I take history of space. Our Nation has seen great gave their lives advancing our space great pride in the accomplishments of NASA. tragedy and yet we continue to move forward program. Tomorrow at 3:51 p.m. the Space Shuttle Dis- because that is the only path that knowledge As NASA takes one more significant covery is scheduled to launch from the Ken- will accept, truly it is appropriate that tomor- step in history tomorrow by returning nedy Space Center in Florida. I am proud to row’s shuttle will be called Discovery. to flight after more than 2 years, we say that I will be among the Congressional Mrs. MALONEY. Mr. Speaker, I yield have the opportunity today to express Delegation that will be in attendance at this such time as he may consume to the our support by authorizing the produc- historic launch. The launch of the Space Shut- gentleman from Texas (Mr. GENE tion of a coin emblematic of the 50 tle Discovery will come more than 2 years GREEN), who has the honor of rep- years of exemplary and unparalleled after the tragic Columbia shuttle accident. The resenting many NASA employees. achievements of NASA and the JPL. crew of the Discovery will include astronauts Mr. GENE GREEN of Texas. Mr. Our prayers and support are with our Steve Robinson, Jim Kelly, Andy Thomas, Speaker, I thank both my House col- astronauts tomorrow, and I strongly Wendy Lawrence, Charlie Camarda, Eileen leagues but also my Rayburn Hall col- urge my colleagues to support this leg- Collins and Soichi Noguchi. With implementa- league, and also we both came to Con- islation.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15642 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Mrs. MALONEY. Mr. Speaker, I yield But above all, Congress has expressed HOUSE OF REPRESENTATIVES, myself such time as I may consume its strong support for NASA. I am COMMITTEE ON FINANCIAL SERVICES, and advise that that concludes the proud to serve on the Committee on Washington, DC, June 24, 2005. speakers on this side. As revealed by Appropriations, Subcommittee on Hon. WILLIAM M. THOMAS, Chairman, Committee on Ways and Means, the eloquent statements from my col- Science. The gentleman from Virginia House of Representatives, Longworth House leagues, the gentlewoman from Texas (Chairman WOLF) is a strong supporter. Office Building, Washington, DC. (Ms. JACKSON-LEE), a 10-year member This House has supported increased DEAR CHAIRMAN THOMAS: I am writing con- of the Committee on Science; and the funding for NASA in a vote on this cerning H.R. 68, the ‘‘NASA and JPL 50th gentlemen from Texas (Mr. AL GREEN) floor just weeks ago. Anniversary Commemorative Coin Act,’’ and (Mr. GENE GREEN), both of whom So in addition to this coin, Congress which will be scheduled for floor consider- represent NASA employees, I would ation in the near future. has expressed our tangible support for I acknowledge your committee’s jurisdic- say there is great enthusiasm on both NASA and their mission with increased tional interest in this bill and request your sides of the aisle, with over 300 cospon- funding. cooperation in moving the bill to the House sors. As this coin is brought into produc- floor expeditiously. I agree that your deci- This is important legislation. It hon- tion in 2008, we do not know what the sion to forego further action on this bill will ors not only NASA on its 50th anniver- future holds, but I am confident it not prejudice the Committee on Ways and sary but the commitment of this coun- Means with respect to its jurisdictional pre- holds immense promise. Just as the rogatives on this or similar legislation. I try and body to science and scientific Lewis and Clark expedition brought advancement. I thank very much the would support your request for conferees on unknown and immense benefits to the those provisions within your jurisdiction chairman of the committee, the gen- Nation, the American space program should this bill be the subject of a House- tleman from Louisiana (Mr. BAKER), will continue to bring incredible Senate conference. and the gentleman from Texas (Mr. growth in our economy as a result of I will include a copy of this letter and your CULBERSON), who has really been the technological spinoffs. The unparal- response in the Congressional Record when fight behind moving this to the floor, this bill is considered by the House. Thank leled growth we have seen in worker you again for your assistance. along with the fine help of Joe Pinder. productivity in America is a direct re- Mr. Speaker, I yield back the balance Yours truly, sult of improvements in high tech- of my time. MICHAEL G. OXLEY, Mr. BAKER. Mr. Speaker, I yield my- nology and communications and sci- Chairman. self such time as I may consume. entific and medical research. Mr. OXLEY. Mr. Speaker, two and a half Mr. Speaker, I just wish to point out Thomas Jefferson, my hero, always years ago we all watched in horror as the that the astronauts are the bravest of said freedom is the firstborn child of space shuttle Columbia fell apart during re- the brave and assume the most dire science, and there is no better way for entry over the Southwest. Nearly two decades risk in these missions as they approach America to express our pride and our ago, we all watched in horror as the Chal- to reach the outer limits of mankind’s confidence in our Nation’s space pro- lenger blew up on launch. And before that, we understandings. But within the organi- gram than by commemorating their remember other space tragedies. But, Mr. zation known as NASA and JPL, there 50th anniversary with this coin set in Speaker, despite all the sense of sorrow and are literally thousands of individuals the year 2008. loss that those events brought, we also re- who work collaboratively for years to Mr. BAKER. Mr. Speaker, I yield my- member the successes of NASA and the Jet get these launches to the place where self such time as I may consume. Propulsion Laboratories—spacewalks and they can proceed at the highest level of Mr. Speaker, I include for the moon walks, moon rocks and rocket jocks. safety and responsibility. RECORD an exchange of correspondence The history of NASA and the JPL are a glo- So I look at this act and this step the between the Committee on Financial rious celebration of all that is American, the Congress is now authorizing today as Services and the Committee on Ways right stuff, the elation and the tragedy, the one which recognizes not only those and Means. bravery and the genius. And so today I rise in strong support of the proposal by the gen- life-risking astronauts as being the HOUSE OF REPRESENTATIVES, pinnacle of our recognition, but cer- COMMITTEE ON WAYS AND MEANS, tleman from Texas to honor the 50th anniver- tainly every member of the NASA JPL Washington, DC, July 11, 2005. sary of NASA and the JPL with commemora- teams who literally work lifetimes to Hon. MICHAEL G. OXLEY, tive coins to be issued in 3 years. make these steps of exploration by hu- Chairman, Committee on Financial Services, Mr. Speaker, just like the space exploration mankind possible. Rayburn House Office Building, Wash- program, this program is big and reaches for Mr. Speaker, I yield 1 minute to the ington, DC. the stars. The coins will have symbolic, though DEAR CHAIRMAN OXLEY: Thank you for gentleman from Texas (Mr. CULBER- trace, amounts of metal that has actually flown your letter regarding H.R. 68, the ‘‘NASA in space. Though the coins will be available SON). and JPL 50th Anniversary Commemorative individually, the prize no doubt will be sets b 1115 Coin Act,’’ which was reported to the House by the Committee on Financial Services on representing the solar system that will become Mr. CULBERSON. Mr. Speaker, it is June 17, 2005. prized collector items for space fans and coin a collaborative effort. There are thou- As you noted, the Committee on Ways and collectors alike who will be glad to fork over sands of scientists and engineers at Means maintains jurisdiction over matters the $1,200 or $1,500 that will be necessary to NASA and the Jet Propulsion Labora- that concern raising revenue. H.R. 68 con- buy nine silver dollars and one gold $50 coin. tory and across the country and sci- tains a provision that establishes a sur- Fittingly, surcharges on the sale of the coins entists around the world who partici- charge for the sale of commemorative coins will go to help the survivors of those heroes pate in these missions. that are minted under the bill, and thus falls killed in space exploration accidents, and to within the jurisdiction of the Committee on I also want to point out that this set help preserve and display spacecraft at the of coins will contain metal that was re- Ways and Means. However, in order to expedite this bill for floor consideration, the Smithsonian Air and Space Museum, said to covered from spacecraft that actually Committee will forgo action. This is being be the most popular tourist destination in the flew in space. So some portion of each done with the understanding that it does not District of Colombia. Also fittingly some of the coin will contain metal that flew in in any way prejudice the Committee with re- surcharge money will be used to seed creation space. There will be a certificate to spect to the appointment of conferees or its of a Smithsonian Museum of Money here in that effect. The money will go to the jurisdictional prerogatives on this bill or DC. I know the gentleman from Texas, be- support of the families, and it will also similar legislation. sides being an energetic Member of this body, go to the support of the Air and Space I appreciate and agree to your offer to in- is a coin collector himself, and I think it is fit- Museum and for the creation of a clude this exchange of letters on this matter in the Congressional Record during floor ting that a coin program and a coin collector money museum. The coins are expected consideration. will be the start of such an overdue money to generate quite a bit of revenue, and, Best regards, museum effort. therefore, it will be a benefit to the BILL THOMAS, And so, Mr. Speaker, as we all look at tele- families who have lost loved ones. Chairman. vision this week and see the re-start of the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00079 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15643 space shuttle program, let us think a little A little over two years ago, the first of the latory activity, the private sector spends $45 about heroes, and about guts and glory, and two Mars Exploration Rovers, Spirit, was to comply with regulations; about genius, and how all of these things are launched. In January 2004, the second rover, Whereas high-technology industries are the essence of America. And today, let us driving economic growth around the world, Opportunity, landed on Mars. Both have prov- as shown by the fact that the global market support this legislation overwhelmingly. en to be work horses on the planet’s unfor- for high-technology goods is growing at a Mr. DREIER. Mr. Speaker, I rise today in giving surface, and both have made fas- faster rate than the rate for other manufac- strong support of H.R. 68, legislation author- cinating discoveries. Spirit found evidence that tured goods; izing the U.S. Mint to produce commemorative early Martian history was wet and violently ex- Whereas more than 1 million American coins for the 50th anniversary of the National plosive, and Opportunity found evidence of a jobs are dependant upon research and devel- Aeronautics and Space Administration (NASA) shallow ancient sea. opment spending in the United States; and the La Canada-Flintridge-based Jet Pro- There are also tangible scientific and tech- Whereas the cost of medical care in the pulsion Laboratory (JPL), which I am privi- United States regularly outpaces general in- nological results from JPL and NASA’s suc- flation; leged to represent. cesses. For example, the work of scientists NASA and JPL’s decades of space and Whereas 90 percent of Americans who are and engineers at JPL has resulted in medical under age 65 and covered by health insurance planetary exploration are worthy of this rec- imaging technology used in brain surgery, the currently obtain that insurance through em- ognition. For more than fifty years, JPL has detection of breast cancer and detection of ployers; reached the outer limits of our solar system skin cancer, and in computer chips that have Whereas 85 percent of jobs in the United and made incredible technological break- been used to reduce engine emissions in States today are classified as skilled jobs throughs. These achievements are all thanks automobiles. These and other breakthroughs and in 1950, only 20 percent of jobs were so to the outstanding people who have worked classified; play a critical role in ensuring America keeps Whereas 80 percent of the 50 fastest grow- there over the years. Having just recently visits technological and scientific edge. ited JPL for Deep Impact, I am confident they ing occupations require education beyond I congratulate JPL and NASA on their many high school; have another exciting fifty years ahead. decades of exploration and discovery. Several colleagues joined me at JPL on July Whereas, despite spending $60 billion per Mr. BAKER. Mr. Speaker, I yield year on training, 60 percent of United States 4th to watch Deep Impact, a mission that will back the balance of my time. companies are prevented from upgrading expand our understanding of the universe and The SPEAKER pro tempore (Mr. technologically by the low educational and answer many questions about the origins of SHAW). The question is on the motion technical skill levels of their workforce; our solar system. As many of you read in the offered by the gentleman from Lou- Whereas, in 2003, American taxpayers spent news, Deep Impact mission scientists at JPL an estimated $203.5 billion to comply with isiana (Mr. BAKER) that the House sus- accomplished the amazing feat of flying an the Federal income tax code, enough to buy pend the rules and pass the bill, H.R. 820-pound probe into the heart of a comet more than 5 million new luxury 4-door se- 68, as amended. 268 million miles from Earth. To complicate dans at retail price and by 2007, annual com- The question was taken; and (two- pliance costs are projected to rise to $244 bil- matters, the comet was speeding through thirds having voted in favor thereof) lion; space at 23,000 miles per hour. the rules were suspended and the bill, Whereas the tax compliance burden is I want to thank my good friends Mr. CAL- twice as much for businesses with fewer than VERT, who chairs the House Science Sub- as amended, was passed. A motion to reconsider was laid on 20 employees as it is for businesses with committee on Space and Aeronautics, and Mr. more than 500 employees; SCHIFF, who used to represent JPL and now the table. Whereas the cost of frivolous litigation in has Caltech in his district, for joining me at f the United States exceeds $230 billion per JPL to celebrate our nation’s independence. I year, an amount equal to more than $2,000 PROVIDING THAT THE HOUSE OF am sure they will agree that the fireworks we per American household; REPRESENTATIVES WILL FOCUS saw from JPL’ s Mission Control room on July Whereas the cost of liability defense is ap- ON REMOVING BARRIERS TO proximately $150,000 per year for each small 4th rivaled those that were launched here at COMPETITIVENESS OF THE business, money that could be spent to hire our Nation’s capital. UNITED STATES ECONOMY additional employees, expand operations, or Deep Impact is just the latest in a long se- improve health care coverage; ries of incredible accomplishments of JPL and Mr. BOUSTANY. Mr. Speaker, I move Whereas, in 2002, trial lawyers received ap- NASA, dating back to the very beginning of to suspend the rules and agree to the proximately $40 billion from litigation, more United States space exploration. On January resolution (H. Res. 352) providing that than the annual revenues of Microsoft and 31, 1958, the American space age began with the House of Representatives will focus Intel, and twice the revenue of Coca-Cola; the launch of Explorer I, the first U.S. satellite. on removing barriers to competitive- Whereas total energy consumption in the At a time of national disappointment following ness of the United States economy. United States is expected to increase more the Soviet Union’s successful launch of Sput- The Clerk read as follows: rapidly than domestic energy supply through at least 2025; nik, Explorer I turned the tide in international H. RES. 352 Whereas the Energy Information Adminis- space exploration, displayed America’s pio- Whereas the economy of the United States tration projects that net imports will con- neering spirit-and scientific excellence, and is part of a global economy in which domes- stitute 36 percent of total United States en- spurred our space efforts. The organization tic industries face ever stronger competition ergy consumption in 2025, as compared with behind the development, launch, and control from foreign industries; only 26 percent in 2002; and of Explorer I was JPL. Whereas growth in exports accounts for Whereas, according to a study sponsored JPL will continue to push the boundaries of one-sixth of all growth in the United States by the National Association of Manufactur- space and science with upcoming missions, economy; ers and American Council for Capital Forma- such as SIM PlanetQuest and the Terrestrial Whereas approximately 1 in 5 factory jobs tion, consumers will face a 61 percent in- Planet Finder. These missions will bring us in the United States depends directly on crease in gasoline prices unless the United international trade; States implements a policy to increase the closer to discovering whether there may be Whereas American farmers export 1 in 3 supply of affordable energy: Now, therefore, other planets like our own. This quest is an acres of their crops, and exports generate be it important one, which is why the search for nearly 25 percent of farmers’ gross sales; Resolved, Earth-like planets is a central part of the Presi- Whereas the estimated total regulatory SECTION 1. RECOGNITION OF EXISTING BAR- dent’s vision for space exploration. burden on United States business is more RIERS TO KEEPING AND CREATING I have no doubt these very exciting missions than $850 billion per year; JOBS. will expand our horizons, answer many ques- Whereas, according to a study sponsored The House of Representatives recognizes tions and capture our imagination, just as pre- by the Office of Advocacy of the Small Busi- that there are existing barriers to keeping vious missions have. For example, it was one ness Administration, government regula- and creating jobs in the United States, par- tions cost firms with fewer than 20 employ- ticularly in the following areas: year ago that the Cassini-Huygens Spacecraft ees 60 percent more per employee than the (1) Trade restrictions and inequality. successfully entered orbit around Saturn. cost to firms with more than 500 employees; (2) Bureaucratic red tape. Since that time we have seen some incredible Whereas the Office of Management and (3) Innovation and investment. images and learned a great deal about Saturn Budget recently found that for every dollar (4) Health care security. and its rings. of direct budget expenditure devoted to regu- (5) Lifelong learning.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15644 CONGRESSIONAL RECORD—HOUSE July 12, 2005 (6) Tax burden and complexity. nomic barriers to entice investments in lution which covers a lot of territory. (7) Lawsuit abuse and litigation manage- their nations. They are pursuing ag- One cannot disagree with some of the ment. gressive trade policies to reduce Amer- whereases: Whereas our technology is (8) Energy self-sufficiency and security. ica’s dominance in world trade. driving economic growth around the SEC. 2. NEED FOR CONGRESSIONAL ACTION. Without attention to these matters, world, as shown by the fact that the The House of Representatives recognizes the United States is headed towards a that improving the competitiveness of the global market for high-technology United States economy depends on congres- third-rate economy; 5, 10, 20 years goods is growing at a faster rate than sional action to remove barriers in the areas down the road, we will no longer be the the rate for other manufactured goods. referred to in section 1. world’s leader or even second place. We I agree with that whereas. SEC. 3. FEDERAL AGENCY REVIEW OF RULES AND will become a third-rate economy. Whereas more than 1 million Amer- POLICIES. That is why we need to take this issue ican jobs are dependent upon research The House of Representatives expresses the seriously. and development; whereas the cost of sense that every Federal agency should re- Last year, we began the competitive- medical care in the United States regu- view its rules and policies regarding the ness legislative agenda on the floor, larly outpaces general inflation. How competitiveness of the United States econ- and over a period of 8 weeks, we dis- can I disagree with that? That is a fact. omy. cussed and voted on issues related to Whereas 90 percent of Americans who The SPEAKER pro tempore. Pursu- keeping and creating keeping jobs in are under age 65 and covered by health ant to the rule, the gentleman from America. Later this summer, the Jobs insurance currently obtain that insur- Louisiana (Mr. BOUSTANY) and the gen- Action Team will again bring legisla- ance through employers. Maybe that is tleman from New York (Mr. OWENS) tion to the floor to combat this prob- a barrier we want to remove by having each will control 20 minutes. lem. We need to take a longer-term vi- a national health care plan which The Chair recognizes the gentleman sion. takes some of the burden off employ- from Louisiana (Mr. BOUSTANY). For this reason, I am initiating the ers. I would be in favor of that, cer- GENERAL LEAVE House Economic Competitiveness Cau- tainly. Mr. BOUSTANY. Mr. Speaker, I ask cus. The caucus will carefully examine Whereas 85 percent of the jobs are unanimous consent that all Members the issues facing our ability to compete classified as skilled jobs, and in 1950, may have 5 legislative days within economically over the coming years. only 20 percent were so classified. That which to revise and extend their re- We will work to focus congressional ef- is a fact. marks and include extraneous material forts to removing the barriers to Amer- Whereas 80 percent of the 50 fastest- on H. Res. 352. ican economic competitiveness and de- growing occupations require education The SPEAKER pro tempore. Is there velop economic goals for the future and beyond high school. Let us pause there. objection to the request of the gen- find paths to get there. Is that fact going to lead to a rec- tleman from Louisiana? I encourage my colleagues to join me ommendation that we expend more There was no objection. in finding ways to guarantee a vibrant, money to improve our education sys- Mr. BOUSTANY. Mr. Speaker, I yield internationally competitive American tem, that we catch up with some of the 4 minutes to the gentleman from Kan- economy now, 5, 10, 15 and 20 years nations in the world? Do Members sas (Mr. TIAHRT). down the road. Our goal is to ensure know that the richest nation in Europe Mr. TIAHRT. Mr. Speaker, the high-quality and high-paying jobs for now is Ireland? Ireland. Ireland is the United States has the number one all Americans today and in the future. richest nation in Europe. In terms of economy in the world. For almost two Mr. OWENS. Mr. Speaker, I yield my- per capita income, Ireland has the centuries, we have been the envy of the self 5 minutes. highest per capita income. Why, be- world: a dynamic economy; a hard- Mr. Speaker, none of us could be cause the Irish decided a couple of dec- working, motivated workforce; truly against removing barriers. However, ades ago to invest wholeheartedly into the land of opportunity where innova- the definition of barriers allows room a state-of-the-art public school system. tion has thrived. The status is chang- for a lot of disagreement. It is very in- Now they have moved beyond that, and ing, though. We are running a $670 bil- teresting that the thrust of this resolu- they are providing free higher edu- lion annual trade deficit which is con- tion is that regulations in the United cation. So an Irish youngster can de- tributing to our Federal budget deficit States are barriers to competitiveness, velop in the free system right up to the and slowed economy over the past few and yet our economy is linked to a na- end of his higher education. years. tion which has the maximum number So that is a barrier that we would This development is not a temporary of barriers in terms of regulatory pro- like to remove. So we agree that this is blip on the radar screen. It is the cul- cedures, the economy of China. significant, that 80 percent of the 50 mination of a generation of increased China is still a communist govern- fastest-growing occupations require regulation, unsound tax policies, lan- ment. China is still an economy ruled higher education beyond high school, guishing emphasis on math and science by a communist government, which and yet we are shortchanging our edu- education, unchecked health care means they can set up regulations as cation. No Child Left Behind has been costs, rampant lawsuit abuse, they see fit and change the rules as shortchanged by $20-some billion over unfocused research and development they see fit, and yet we are linking our the last few years. funds and a weak trade policy enforce- economic fate to China. Our industries Whereas, despite spending $60 billion ment. In short, our government has have moved on a wholesale basis to per year on training, 60 percent of the made it difficult and undesirable to do China. Obviously, regulation is not ru- United States companies are prevented business in the United States. We have ining the situation in the Chinese econ- from upgrading technologically by the put roadblocks to keeping and creating omy, and our propensity for dealing low education and technical skills level jobs in America, and we have done this with this communist/capitalist coun- of their workforce. That is a fact. We to ourselves. try, this mongrel, whatever economy can agree with that. Our public school If these current trends continue, our we want to call it, our greedy manufac- system ought to be doing a better job. economy will continue to lag and we turing industry has gone there. Retail Whereas, in 2002, trial lawyers re- will no longer remain the most dy- and wholesale industries are bringing ceived approximately $40 billion from namic economy in the world. Mean- back the consumer goods. We just love litigation, more than the annual reve- while, China, India and other nations China. Wall Street loves China, and nues of Microsoft and Intel, and twice are preparing for the future. They are China is a very tightly regulated econ- the revenue of Coca-Cola. What does educating their students in math, omy. The greatest barrier one can that have to do with anything? Why science and technology, and pumping imagine is there, and yet they thrive. did they take a swipe at the trial law- out record numbers of engineers. They I want to run through a few of the yers in the midst of the whereases? The are reducing tax rates and other eco- whereases in this very interesting reso- money received by the trial lawyers

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15645 was money used to defend ordinary and this Nation enact a competitive- sustained improvement in the R&D of Americans. How about the corporate ness agenda. this country, nondefense related, basic lawyers? You do not have a whereas It is unacceptable that the cost of R&D on a permanent basis, something about the corporate lawyers, or a frivolous litigation now exceeds $230 you have not done in 6 years. whereas about the tremendous amount billion a year. That interpolates to And also they recommend, after dou- of corruption in corporate America $2,000 for every American household. bling the National Science Foundation, that the Republican Party refuses to Our citizens, business owners and en- a sustained effort at doubling the Na- even hold hearings about. Enron, trepreneurs face enough hurdles as it tional Science Foundation. You WorldCom, a whole series of criminal is. Our government does not need to thought it was a one-time target, and activities that have been unveiled by raise new ones. We need to focus on now you are cutting. You thought se- the attorney general of New York eliminating some of the ones we have. quencing the human genome was a one- State, nobody wants to deal with that We must and will make America time event. That is the beginning, not corruption. That is a barrier to our more competitive in the global mar- the end of the story. That is the begin- success and our competitiveness. ketplace. I know by working together ning, is the doubling of the National I hope that you will address some of we can do the right thing for the Amer- Science Foundation, then maintaining these whereases that I have just men- ican people, for American business and it. What we are talking about and what tioned in terms of some answers as to for America’s future. the companies have constantly recommended to us is a sustained effort why we do not pursue the obvious, b 1130 commonsense solutions. and investment in education, in inno- Mr. BOUSTANY. Mr. Speaker, I yield Let us remove the red lights, remove vation, in health care. Universal access myself 30 seconds. the stop signs and the dead ends and to health care, universal access to af- Mr. Speaker, I would like to respond reopen the road to opportunity. fordable health care, something not to the gentleman with regard to Ire- I urge my colleagues to support this discussed in this resolution, something land. Surely they have improved their resolution. not done in the 6 years. More people public education system. And, further- Mr. OWENS. Mr. Speaker, I yield 4 are without health care now than in more, they have lowered their regu- minutes to the gentleman from Cali- the 5 years that this administration latory burden and cut taxes. I think fornia (Mr. GEORGE MILLER). has been in office. those two areas are largely responsible Mr. GEORGE MILLER of California. This resolution so completely misses for their growing economy and the in- Mr. Speaker, I thank the gentleman the mark that we wonder why we creased opportunity in Ireland. very much for yielding me this time. would spend an hour of our time on the Mr. Speaker, I yield 3 minutes to the And I must say that never have I floor dealing with this when there are gentlewoman from Michigan (Mrs. MIL- seen a resolution that demonstrates so such important items. The problem is LER). completely the lack of understanding that the other side of the aisle already Mrs. MILLER of Michigan. Mr. by the other side of what is necessary voted for a budget that does not make Speaker, in America, the road to op- to maintain and improve America’s the R&D tax credit permanent, voted portunity is a fast-moving highway. competitiveness in the world economy. for a budget that cuts higher edu- Any American with creativity and sim- They go through all of their cation, voted for a budget that cuts el- ply a desire to work hard can achieve whereases, but when they get to the ementary secondary education. A budg- their dreams. Anyone can succeed. therefores, this resolution does noth- et that does not even get close to fund- Anyone can start a business. Our road ing, does nothing. They ignore what ing No Child Left Behind, as, again, the to opportunity has been an open road. those people who are on the cutting companies who are out there com- But unfortunately, our government, edge of trying to improve America’s peting, not the political rhetoric on the sometimes with very noble intentions, competitiveness, those companies that floor, but what they have made after is putting up red lights, stoplights and are on the cutting edge of competing in years of discussion. It does not even get close to an immi- dead ends on the road to opportunity. a world economy, their recommenda- gration policy that allows our univer- The heavy burden of needless govern- tions, one of the first of which is to sities to continue to attract the highly mental regulation is slowing down fully fund No Child Left Behind. They skilled students that we were before 9/ hard-driving Americans, Americans are $40 billion behind the curve. But 11. That is not working. Those young whose diligence and hard work is need- that is what the American Electronics people now are going to India. They are Association says should be done first ed to secure our Nation’s economic fu- going to China. They are going to and foremost in education. ture. France. They are going to Germany. Let us consider a few numbers for a Improve math and science teaching, The are going to England, and they are you do nothing to improve math and moment. The regulatory burden on not coming to the United States be- science teaching. United States businesses is more than cause this administration failed to They go on to say support research $850 billion each and every year. The take that action. Small Business Administration says and development. The permanent, the Finally, the protection of our intel- that complying with all of the govern- permanent R&D tax credit, not the lectual properties. The protection of ment’s rules and regulations costs year-to-year funding that you provide, our intellectual properties is so ter- small businesses a staggering $7,000 per but the permanent, so companies can ribly important. We continue to see employee. American taxpayers spend count on this, can make their eco- them hijacked on a daily basis from an estimated $250 billion a year every nomic decisions, can make their finan- the automotive industry, to the film year just trying to comply with the cial decisions. Improve the business industry, to the music industry, to the American Federal income tax code. climate, the stock options, which your computer industry, and the effort has This crippling over-regulation can de- side failed to provide for. Stop having not yet been made. stroy the entrepreneurial spirit. It is a the raids on the patent and trademark That is the report on what has hap- hidden tax on our businesses and on offices of the United States Govern- pened over the last 4 or 5 years in this our citizens. ment to fund the general fund. country. That is the report of what this Simply put, the cost of doing busi- The fact of the matter is that this Republican-led Congress has done. And ness in America is quickly rising. And provides nothing, provides nothing what does the Republican-led Congress make no mistake, our foreign competi- that the industries that are on the cut- do? They give us a resolution with a lot tors are capitalizing on it. Our trade ting edge identify as their most impor- of ‘‘whereases,’’ a lot of ‘‘whereases.’’ deficit is now an unbelievable $670 bil- tant objectives, their most important No action, just ‘‘whereases.’’ lion and growing. It is time for Amer- priorities, and that is to provide for a Mr. BOUSTANY. Mr. Speaker, I yield ica to reopen the road to opportunity, dramatic and sustained improved in- 21⁄2 minutes to the gentleman from and it is imperative that this Congress vestment in education; a dramatic and Kansas (Mr. TIAHRT).

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15646 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Mr. TIAHRT. Mr. Speaker, I thank riers. The gentleman from New York not count weapons research, this ad- the gentleman from Louisiana for (Mr. OWENS) mentions the trial law- ministration has sharply reduced feder- yielding me this time. yers, the $40 billion that came out of ally funded scientific research, and this I welcome the comments from the our economy for trial lawyers. Just nonbinding resolution will not do a gentleman from California (Mr. think, if we apply some commonsense darn thing to change it. GEORGE MILLER). He talks about a lot reforms, we can make jobs in America. We need to dramatically improve our of issues that are more important to One example is in 1995 when the Stat- math and science education in our making America more competitive. We ute of Repose was passed, which put country. We know that we are falling may disagree on the track, but I think commonsense limits on the manufac- short, and meanwhile we are con- it is important that we do move for- ture of airplanes, and the following tinuing to fail in our funding promises ward with an R&D tax credit that is year 4,000 jobs were created in Kansas to No Child Left Behind. We need to re- permanent. I think it is important that alone, plus additional jobs all across form our immigration policies so that we do move forward to protect intellec- the United States. the best and brightest students can tual property rights. But he does make All we are saying in this resolution is come and study in the United States an additional point, and that it is al- let us step back from what we are and not be poached by universities who ways easy to be against something in- doing today and say if we were going to are benefiting in Australia and Eng- stead of for something. If we are going start this system tomorrow, would we land and elsewhere through our short- to make progress, we need to work to- do the same thing? Will it impact jobs? sighted and bureaucratic policies; and gether; so I would welcome him to join Can we work together to create and we need a sustained commitment to the Economic Competitive Caucus be- keep jobs in America instead of seeing science research and education. We cause I think together we could find them slide off to other countries? cannot afford to sit back and pass non- ways to fund technology grants and So I think this is a good resolution, binding resolutions that do nothing. technology schools. And I would like to and I would welcome the suggestions We could at least enact the gentle- point out that we have doubled the from the other side, and I think to- woman from California’s (Ms. ESHOO) funding for the National Science Foun- gether we can help bring jobs back to bill for stock options. With an exploding deficit, reduced dation, and we continue the strong America. support for education of Americans, a funding of that. Mr. OWENS. Mr. Speaker, I yield 4 The gentleman from New York (Mr. minutes to the gentlewoman from Cali- door shutting on Nobel-level scientists from abroad, no energy policy that will OWENS) also mentioned a couple of fornia (Ms. ZOE LOFGREN). lead to energy independence, this pro- things that I think are important to be Ms. ZOE LOFGREN of California. Mr. posal is worse than nothing because addressed in this debate. One is the ef- Speaker, when I looked at today’s floor the right wing will not take action on fect that China is having on our econ- schedule, I was pleasantly surprised to competitiveness and will probably say omy, and I think the point was made see an item addressing the issue of de- they did something if this stupid and by the gentleman from New York that clining United States competitiveness meaningless resolution is permitted to regulation is not holding them back. in the world. The fact is the issue of competitive- pass. But let me tell the Members what is Republicans are like the guy in court ness has not been a priority for Repub- happening in China. They have focused who killed his parents and now pleads lican leaders in this Congress or in any on technology. They graduated 350,000 for mercy as an orphan. They have con- preceding one in the last 10 years, and engineers last year. They graduated trolled the House of Representatives I thought perhaps finally the Repub- more English-speaking electrical engi- for 10 years. Their policies for the last neers than America did, and they have licans had woken up. Unfortunately, I 10 years have shorted education. They done that because they want to target was very disappointed when I read the have shorted science. They have elimi- certain areas. In Kansas they have tar- text of the proposal because this plan nated protection for tech innovation. geted several industries: the hand is nonbinding; it has really nothing These words do not change those failed truck industry, the auto lift industry. that will make the United States more policies, and I hope that we turn down They are trying to run American busi- competitive. That is what I have come this resolution and tell the truth that nesses out of business so that they can to expect in this Congress, this Repub- our policies are threatening the com- have a corner on the market, and that lican-led Congress: more talk and no petitiveness of our United States, and is why we need to have enforceable action. And once again this resolution this mere meaningless resolution will trade policy, which is part of this reso- has failed to propose specific policies do nothing, nothing, to solve that. lution. that would actually boost techno- Mr. BOUSTANY. Mr. Speaker, I yield The gentleman from California (Mr. logical innovation or our commitment myself such time as I may consume. GEORGE MILLER) addressed education. to education. First I want to respond to a few com- That is why education and lifelong As many know, I represent Silicon ments made by the opposition here. learning is part of this resolution. Valley, along with the gentlewoman There is a lot of talk about a non- But let me just tell the Members from California (Ms. ESHOO) and the binding resolution, but this House what China is doing that I think is im- gentleman from California (Mr. today is going to take up four bills to portant to the debate and why I think HONDA), the most creative and innova- reform OSHA that will help small busi- they should understand why we need to tive place on Earth; and if I were to nesses and their enterprises be more address these issues today instead of bring your resolution back to the lead- competitive and their employees be putting them off. The regulation bar- ers of the Silicon Valley, the engineers, more competitive in the global econ- riers that we have are keeping us from the techies, Ph.D.s, venture capitalists, omy. Health care, the gentleman from doing wonderful things that could help educators, CEOs, I think I would be California (Mr. GEORGE MILLER) create and start jobs. In China they are laughed all the way back to D.C. I sus- brought up health care, and he very trying to create a Silicon Valley. They pect that you did not consult with any well knows that the Committee on have set up a top-notch university. of the people in the tech industry be- Education and the Workforce that he They have given venture capital to the cause, if you did, we would have had sits on as the ranking member is ad- area. They have office space available. something with a little meat on it that dressing health care. We recognize that They have property management for meant something. health care is a problem. We recognize anybody who has a good idea. They We need a sustained commitment to that the plight of the uninsured is a have legal advice, patent advice. They Federal funding of R&D. The 2006 budg- problem. And yet I will say as a physi- even allow professors and students to et proposed by President Bush con- cian, as someone who has dealt with start businesses on their own. tinues to cut R&D. It underfunds the health care on a daily basis, universal The way to address that is by chang- National Science Foundation by bil- government-run health care is not the ing our system and removing the bar- lions of dollars; and the fact is if we do answer.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15647 We need to continue to address this bing the eye of the global market. We U.S. has a trade deficit with every con- problem and support solutions like as- have a port, the 11th largest port in the tinent in the world except Australia sociation health plans, something that country, the Port of Lake Charles. and with nearly every country in the we have already taken up in committee Once known as a regional provider, it world; and will be coming to the floor soon. has grown into an economic engine for Whereas, before NAFTA, the U.S. ex- This will help get people who are unin- our State and our Nation. And as it ported about an equivalent amount to sured back on to the rolls of being in- continues to increase in size, it is mov- Mexico as it imported to Mexico. But, sured. This will help small businesses ing larger numbers of products into the after NAFTA, imports from Mexico in- provide insurance for those who lack United States and out into the world. creased 195 percent, more than double insurance today. Our economic developers are finding the increase in exports. NAFTA caused We need to continue to expand health ways to attract businesses that have a balanced trade scenario with Mexico savings accounts. These have already never before known the advantages of to become unbalanced, to the disadvan- begun to help many Americans, but we doing business in Louisiana. Let me tage of the U.S.; need to continue to work on this. This give an example. Lafayette Economic Whereas, exports create jobs; imports is the future of health care. This is how Development Authority is a prime ex- destroy jobs. And when imports out- we are going to create a competitive ample of showcasing the educational pace exports, more jobs are destroyed health care environment that will and technological benefits of Louisi- than created. So while increased ex- bring down the cost and make it afford- ana’s Seventh Congressional District ports after NAFTA may have created able for all Americans. to attract companies to our area. almost 800,000 jobs, according to the And we need medical liability re- Gregg Gothreaux heads up this organi- Economic Policy Institute in 2003, inform. We need medical liability reform. zation and has strived to capitalize on creased imports due to NAFTA de- No question about it. And this Con- an outstanding workforce to make La- stroyed almost 1.7 million jobs. Every gress will address these issues. fayette a competitive force in the busi- State in the Nation lost jobs due to So to say this is a nonbinding resolu- ness world. In fact, in the year 2004, NAFTA; tion, surely it makes a statement Inc. Magazine named Lafayette, Lou- Whereas, Congress will soon be about some of the needs that we need isiana, one of the best places to do compounding the damage with consid- to work on, but at the same time this business. And 3 months ago, Entre- eration of CAFTA, which is modeled on Congress is addressing all of those preneur Magazine named Lafayette one NAFTA; issues; and we ask our colleagues of the top technology centers in the Whereas, China’s seemingly endless across the aisle to join us to pass these South, based on its appeal and ability supply of dollars to acquire IBM, bills so that we can help those Ameri- to attract high-tech companies. Maytag, and now UNOCAL is supplied cans in need and we can increase our Another great example from my dis- by America’s huge trade deficit with competitiveness on the global market. trict is a small business with 15 em- China. In fact, since Congress agreed to I support this resolution, and I want ployees headed up by Rick Broussard, admit China to the WTO, granting it to thank the gentleman from Texas and he has been able to attract the permanent Most Favored Nation sta- (Mr. DELAY) and the gentleman from United States Marine Corps with a tus, the U.S. trade deficit with China Kansas (Mr. TIAHRT) for their tireless service by building these drone air- grew by 50 percent in only 2 years. work to remove barriers on U.S. com- planes. And he is hoping to build his Now, if Congress was to take up leg- panies, to ensure that America can be business, employing hopefully in the islation for the purpose of removing competitive in the global economy. near future 100 employees, so that he barriers to the competitiveness of the American businessmen and -women can improve his competitiveness and U.S. economy, it might read like this: are second to none in resourcefulness, raise his revenue and contribute to the Whereas, America needs a new trade entrepreneurial spirit, business inge- competitiveness of our country and our policy based on the principle that what nuity; and the government should fos- defense initiatives. the U.S. buys from a country should ter, not stifle, these qualities. He is not an isolated example. There roughly match what it sells to that I mentioned, as a member of the are many examples in Louisiana and country; Committee on Education and the around this country that are com- Whereas, the cost of private, for-prof- Workforce, that we are going to work peting, despite the regulatory burden, it health care is a serious impediment on OSHA reform and AHPs. These are the tax burden and other added costs of to competitiveness; commonsense good measures that will doing business. Whereas, the U.S. paid $5,270 per cap- improve our competitiveness. Mr. Speaker, it is our job, it is our ita for health care in 2002, and two Frivolous lawsuits, costly health in- job as elected officials to ensure that countries with the closest level of surance, an overly complicated Tax our businesses have the necessary tools spending were Germany at $2,820 and Code, skyrocketing energy costs, com- to compete in this global economy, and Canada $2,930, both of which provided pliance with innumerable Federal and this Congress will address these issues. universal health care; State regulations result in small busi- Mr. Speaker, I reserve the balance of Whereas, the CEOs of Ford Motor nesses spending more time just trying my time. Company of Canada, GM Canada, to comply with government and gov- Mr. OWENS. Mr. Speaker, I yield 4 DaimlerChrysler Canada wrote in a ernment laws and regulations than minutes to the gentleman from Ohio 2002 letter that ‘‘publicly-funded health growing their businesses, creating jobs, (Mr. KUCINICH). care thus accounts for a significant and generating revenue. Yet because of Mr. KUCINICH. Mr. Speaker, I thank portion of Canada’s overall labor cost the entrepreneurial spirit of these the gentleman from New York for his advantage in auto assembly versus the Americans and many small businesses leadership in defense of our economy, U.S. which in turn has been a signifi- that we have out there, they do survive workers’ rights, and our desire to build cant factor in maintaining and attract- and even thrive despite all these adver- on an American economy that can pro- ing new auto investment to Canada.’’ sities. vide opportunity for all. The resolution that we need to hear Mr. Speaker, if the Congress were to would say: Whereas, H.R. 676, the U.S. b 1145 take up legislation for the purpose of National Health Insurance Act, which Let me talk about my district in removing barriers to the competitive- has 50 cosponsors, would provide less southwest Louisiana for a moment, ness of the U.S. economy, I do not be- expensive, high-quality, single-payer which has been known for its entrepre- lieve, respectfully, it would read like health care systems like many U.S. neurial spirit. Today, it is a spirit that H. Res. 352. competitors; continues to grow our agricultural in- But, it might read something like Whereas, the current course of U.S. fluence, despite many adversities, and this: Whereas, U.S. trade with foreign economic and health policy is build small businesses that are grab- countries is so imbalanced that the unsustainable, and a day of reckoning

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15648 CONGRESSIONAL RECORD—HOUSE July 12, 2005 could involve the bursting of the hous- cratic red tape; innovation and invest- about them when you have created a ing price bubble, rise of interest rates, ment; health care security; lifelong budget environment where they cannot budget austerity and the shredding of learning; tax relief and simplification; be funded is disingenuous, to say the the social safety net, mass unemploy- lawsuit abuse reform; and energy inde- least. If these are priorities, then let us ment, and a loss of economic sov- pendence are over. We all know these change the budget. And it is not just ereignty. impediments to prosperity need re- tax cuts. We can look at the spending Therefore, be it resolved, Congress form, and we know what we have to do decisions of the last 6 years that have has once again lost the opportunity to to reform them. seen massive increases in overall Fed- change the course, correct the trade With this resolution, Mr. Speaker, eral spending while, at the same time, imbalance, lift up living standards in the House will take a first step toward underfunding these critical items. the U.S. and the world, and set the enacting these needed economic re- The budget priorities of the Repub- country on a more sustainable eco- forms to help small businesses create lican Congress are responsible, and an nomic course. The coming readjust- not just jobs but long-term, rewarding empty ‘‘Sense of Congress’’ resolution ment will be painful indeed while this careers for the American people. is not going to fix that. administration and Congress drive the Mr. OWENS. Mr. Speaker, I yield 2 Mr. BOUSTANY. Mr. Speaker, I yield U.S. economy over a cliff. minutes to the gentleman from Wash- myself 30 seconds to respond. Vote ‘‘no’’ on H. Res. 352. ington (Mr. SMITH). I would remind the gentleman that Mr. BOUSTANY. Mr. Speaker, I am Mr. SMITH of Washington. Mr. these tax cuts have led to an economic pleased to yield 1 minute to the distin- Speaker, there is really nothing ter- growth of 3.8 percent and significant guished Majority Leader, the gen- ribly, terribly wrong with this resolu- job growth, so I would remind him that tleman from Texas (Mr. DELAY). tion. Talking about a need to invest in these are pro-economic growth poli- Mr. DELAY. Mr. Speaker, I thank the greater innovation, research and edu- cies. gentleman for yielding me this time. cation, certainly makes sense. The vex- Mr. Speaker, I yield 2 minutes to the Mr. Speaker, the resolution before us ing thing for me is this Republican distinguished gentleman from Kansas represents a promise, a promise by the Congress and White House has system- (Mr. TIAHRT). House of Representatives to the Amer- atically unfunded almost all of those Mr. TIAHRT. Mr. Speaker, I thank ican people that not only are we aware items. We heard the numbers from my the gentleman from Louisiana for of the hindrances to prosperity now ex- colleagues, and I will not go back over yielding me this time. isting in the national economy but them, except to remind folks of the re- The gentleman from Washington (Mr. that we are committed to removing cent debate we had over the appropria- SMITH) did talk about some issues that them as soon as possible. I think are very important, especially We are aware that compliance with tions bills. Repeatedly, throughout the debate, when he talked about education. I Federal regulation costs American as Democrats talked about spending think education is very important for companies $850 billion a year. We are more money on a variety of different the future of this economy. If we look aware those costs are passed along items, the Republican appropriators at education spending over the last 5 from American businesses to American said, You know, this is the money we years, we have had dramatic increases consumers in higher prices to the tune have, this is the best we can do with in education, as far as the spending is of $8,000 per family per year. We are aware that exports account what we have. concerned. What we need to do now is focus on for one-sixth of our economic growth, Well, let us look at the decisions that math, science, engineering and tech- and that one in five American factory left us in the position where ‘‘this is nology. We know this is the direction jobs and one in three American crop what we have.’’ One of the con- the future economy is going. The world acres depend on customers in foreign sequences of those decisions is we do is getting more technically complex, markets and that many markets are not have enough money to fund the re- not less technically complex. Yet we still closed to our goods. search, education and innovation that We are aware that 1 million Amer- is necessary. All of the items that are have fewer people going into engineer- ican jobs rely on research and develop- ticked off, the National Science Foun- ing. We have fewer young women going ment conducted by private businesses dation, the National Institutes of into science. We have fewer people and through our world-class university Health, No Child Left Behind, we all going into the technologies, the maths system. know what they are. We know how im- and the sciences. It should be con- We are aware that 60 percent of portant in the global economy innova- cerning to us, and we need to take American businesses are impeded in tion, research, education and skills steps today. I would welcome their sup- their growth by the lack of advanced training is. Yet the programs that fund port as to how we do that. training in the workplace. We are also those vital needs, vital needs particu- National Science Foundation money, aware that health care is too expen- larly for blue-collar, middle-class and the NSF has come up several times sive, coverage too limited, and that lower-class workers, are consistently here. We increased the NSF again this small businesses are at a disadvantage cut, reduced, not funded like they year, again. Over $5.6 billion will go in covering their employees. should be because of the budget deci- into NSF this fiscal year and we have We are aware that our tax system is sions of this Congress. plans to increase that funding in the unfair and inefficient, and that it costs Part of it certainly is the tax cut. future, too. families and businesses billions of dol- That has been the decision of this Con- Innovative research is very impor- lars and hours every year. gress; supply-side tax cuts for people tant. We need help from the other side We are aware that our economy is making a lot of money at the expense of the aisle to get research and devel- dangerously dependent on foreign of all of these programs we are talking opment tax relief permanent, and I sources of oil, and that it is overrun about today. It is incredibly vexing to think we can do that. I just want to with frivolous lawsuits that abuse our hear the Republican majority stand up mention the supply-side tax cut did legal system. and talk about how much they care stimulate the economy. We have more And, starting this week, Mr. Speaker, about these programs. people working today than ever before the House is going to do something At a minimum, I wish they would in the history of our Nation. The aver- about it. We are going to take up major make a choice, they would say: Supply- age wage is higher than it has ever legislation addressing these eight side tax cuts for people making a lot of been in the history of this Nation. We sources of economic friction and tear money, that is what we support; that is have more people owning their own down these eight walls now sur- what we are going to do. That being homes today than ever before in the rounding the American dream. done, we cannot afford to do these history of this Nation, and we have The debate about these eight issues: other things, and that is okay. But to done it because we cut taxes. More trade freedom and fairness; bureau- stand up today and say that you care money got into the economy, and jobs

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15649 started increasing. But does that mean Mr. BOUSTANY. Mr. Speaker, I yield why do we not work together? Why do we should be satisfied? No. We have the balance of my time to the gen- you not come in on an announced barriers that need to be removed so tleman from Kansas (Mr. TIAHRT), who basis, make a list of the violations, let that we can increase the number of has worked so hard to ensure the com- the company have time to make the jobs and the number of opportunities in petitiveness of this country. safe environment at the work area, and America in the future. Mr. TIAHRT. Mr. Speaker, I thank then come back and see how they are the gentleman from Louisiana (Mr. doing? Well, they did that. The housing b 1200 BOUSTANY) for his leadership on the industry went back to work. And they I think it is important that we work floor today and his help in these very created a safe work environment by together. I look forward to working important issues of making America working together, working together in- with the gentleman from New York more competitive tomorrow. stead of against each other in an adver- (Mr. OWENS) on issues like we ad- Mr. Speaker, you know, when I lis- sarial relationship. dressed with Sarbanes-Oxley, corporate tened to the debate today, I find that That is what we are talking about in corruption, we had hearings. We had there are areas both Republicans and changing the environment in America hearings; we had legislation on the Democrats can agree on. And there are so that we can create and keep jobs in floor. We made progress. We passed ways that we can work together to the future, working together and not Sarbanes-Oxley. And now there are make a more solid economy in the fu- against each other. Now, this environ- white collar criminals in jail today. ture so that we can retain our number ment here on the floor of the House is Corporate corruption was addressed one status in the future instead of fall- an adversarial environment. But yet and needs to be addressed in the future. ing into a second or third-rate econ- we can work together. That is what we But certainly we made some move- omy. are advocating here, the government ment. But I welcome them. I know we The danger is out there. We heard working with private sector to make can agree on creating more jobs. I talk from the gentleman from Ohio more jobs in the future. think it is important that we work to- (Mr. KUCINICH) that it is all because of Ms. ESHOO. Mr. Speaker, the issue of gether to do that. NAFTA. That we have lost all jobs to competition is one that is lived out and dealt Mr. OWENS. Mr. Speaker, I yield my- NAFTA. Yet we have more jobs than with daily in my congressional district, Silicon self such time as I may consume. I cer- ever before in the history of our Na- Valley. tainly look forward to working with tion. We have heard that we do not As this resolution states, high-tech indus- the gentleman also. spend enough money on R&D, that the tries drive economic growth around the world. Mr. Speaker, in closing, I would like tax credits are not permanent. Every day my constituents tell me that the to just cite a few examples of how Re- We need your help in making them United States is falling behind our competitors publican policies have shortchanged permanent. We need to make these tax in Europe and Asia. the initiatives which they talked about credits permanent. There are eight This resolution identifies some of the chal- today. Instead of having an aggressive issues that we have confined the prob- lenges for U.S. competitiveness. But this is not policy on math and science education, lems that we are facing tomorrow in, enough. The resolution is not binding. It does the Bush administration has under- and these eight issues are health care, not set into motion any legislative action to ad- invested in proven math and science in- security, bureaucratic red tape termi- dress the key issues relative to competition. struction. nation, lifelong learning, energy self- One of the top issues in Silicon Valley today Today, China graduates four times as sufficiency and security, spurring inno- is stock options. Broad-based employee stock many engineers as the United States. vation, trade fairness and opportunity, options plans drive innovation and competitiveness. And South Korea, which has one-sixth tax relief and simplification, and end- The House overwhelmingly passed legisla- of the population of the United States, ing lawsuit abuse. Today we are going to take a giant tion I authored with Rep. BAKER to protect em- graduates the same number of engi- step forward in dealing with regula- ployee stock options almost a year ago, but neers as the United States. Instead of tion. The gentleman from Georgia (Mr. the Administration has refused to lift a finger keeping the Republican promise on NORWOOD) is going to lead the effort to to get this bill through the Senate and to the education, President Bush has already reform OSHA. President’s desk. underfunded No Child Left Behind, his And let me just tell you a little bit For many, many years the high-tech indus- own legislation, his own innovation, he about why it is important that we take try has begged Congress to make the R&D has underfunded by more than $40 bil- on these agencies and try to change the tax credit permanent. It hasn’t happened. lion. environment. In the past we have had What has happened is a decline in investment Instead of investing in research and this adversarial relationship between and a diminishment of innovation. development to keep the U.S. on the the government and the private sector. The President has said that the U.S. should cutting edge of technological advance- There are fines, there are citations, have universal broadband access by 2007. ment, Republicans have cut $877 mil- there are unnanounced intrusions into We’ve yet to see the Administration’s plan for lion in Federal science and technology companies. achieving this. Today the United States has funding. Instead of having a national Employers are unable to deal with fallen to 16th in broadband penetration, down broadband policy, the Bush administra- this without high expenses, without from 4th in 2001. tion has allowed access to broadband to high cost, without hiring individuals to This resolution correctly points to education lag. take care and track what the increas- as a critical issue of competitiveness, but once Instead of passing the 21st century ing regulation burden is. again this Administration and the congres- bill to increase energy independence Today we are going to start with sional majority have underfunded critical edu- through advances in cutting-edge tech- OSHA, and we are going to deal with cation programs. No Child Left Behind is fund- nology, the Republicans have failed to that today. We are going to try to cre- ed $39 billion below its promised level. Pell enact any energy bill at all. This reso- ate an environment where we work to- grants will be eliminated for 90,000 college lution before us is a mulligan stew that gether. You know, we could work to- students, and an additional 1.3 million stu- has been allowed to spoil; it is a spoiled gether. In fact this happened in Wich- dents will have their scholarships reduced this mulligan stew. It is not serious. We ita, Kansas, where OSHA targeted year. These figures do not meet the standards have 40 minutes to discuss items which Sedgwick County, and said we are of a great nation serious about her techno- would require really 40 days. going to go to the homebuilders and we logical and competitive future. If we were serious, we would have a are going to make it a safe place. They The resolution states that energy is a major long discussion of these items before stood off. They took pictures. They problem, yet the Department of Energy’s inde- we move on and prepare some real leg- fined, they created citations, and the pendent analysts have said that the provisions islation to deal with the shortcomings. housing industry shut down. in the House energy bill will have a ‘‘neg- Mr. Speaker, I yield back the balance We got the Wichita Builders Associa- ligible’’ impact on prices, production, consump- of my time. tion together with OSHA and we said, tion, and imports of energy.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15650 CONGRESSIONAL RECORD—HOUSE July 12, 2005 The Administration continues to underfund Louisiana (Mr. BOUSTANY) that the any point of order to consider in the House critical Federal research programs, flat-funding House suspend the rules and agree to the bill (H.R. 741) to amend the Occupational civilian research and development and reduc- the resolution, House Resolution 352. Safety and Health Act of 1970 to provide for judicial deference to conclusions of law de- ing total Federal research by $400 million. The question was taken. The SPEAKER pro tempore. In the termined by the Occupational Safety and This underfunds our collective future. Health Review Commission with respect to What is missing in the Congress is the com- opinion of the Chair, two-thirds of an order issued by the Commission. The bill mitment to reshape the critical policies which those present have voted in the affirm- shall be considered as read. The amendment will renew our Nation’s competitiveness in the ative. in the nature of a substitute recommended 21st Century. Mr. OWENS. Mr. Speaker, on that I by the Committee on Education and the Mr. UDALL of Colorado. Mr. Speaker, I am demand the yeas and nays. Workforce now printed in the bill shall be not voting for this resolution, because I think The yeas and nays were ordered. considered as adopted. The previous question it does not make a constructive contribution to The SPEAKER pro tempore. Pursu- shall be considered as ordered on the bill, as amended, to final passage without inter- the problems facing our country and the na- ant to clause 8 of rule XX and the Chair’s prior announcement, further vening motion except: (1) one hour of debate tional economy. on the bill, as amended, equally divided and The resolution says that trade restrictions proceedings on this motion will be postponed. controlled by the chairman and ranking mi- and inequality are barriers to keeping and cre- nority member of the Committee on Edu- ating jobs in the United States—but it does f cation and the Workforce; and (2) one motion nothing about them, just as it does nothing to PROVIDING FOR CONSIDERATION to recommit with or without instructions. make it easier for Americans looking for work OF H.R. 739, OCCUPATIONAL SEC. 4. Upon the adoption of this resolution to find good jobs. it shall be in order without intervention of SAFETY AND HEALTH SMALL any point of order to consider in the House The resolution says that bureaucratic red BUSINESS DAY IN COURT ACT OF the bill (H.R. 742) to amend the Occupational tape is a barrier to economic progress, but it 2005; H.R. 740, OCCUPATIONAL Safety and Health Act of 1970 to provide for does nothing to reduce that barrier or to re- SAFETY AND HEALTH REVIEW the award of attorney’s fees and costs to quire the Bush Administration to exercise lead- COMMISSION EFFICIENCY ACT small employers when such employers pre- ership in reducing red tape. OF 2005; H.R. 741, OCCUPATIONAL vail in litigation prompted by the issuance of The resolution says there is need for more SAFETY AND HEALTH INDE- a citation by the Occupational Safety and innovation and investment, but it offers nothing PENDENT REVIEW OF OSHA CI- Health Administration. The bill shall be considered as read. The previous question shall substantive to promote innovation or to en- TATIONS ACT OF 2005; H.R. 742, courage more productive investment. be considered as ordered on the bill to final OCCUPATIONAL SAFETY AND passage without intervening motion except: The resolution correctly says there is a need HEALTH SMALL EMPLOYER AC- (1) one hour of debate on the bill equally di- to overcome barriers to health care security, CESS TO JUSTICE ACT OF 2005 vided and controlled by the chairman and but it does nothing to help the millions of Mr. BISHOP of Utah. Mr. Speaker, by ranking minority member of the Committee Americans who lack health insurance or to on Education and the Workforce; and (2) one direction of the Committee on Rules, I make good health care more affordable. motion to recommit. call up House Resolution 351 and ask The resolution says we need to promote SEC. 5. (a) In the engrossment of H.R. 739, for its immediate consideration. the Clerk shall— lifelong learning, but is silent as to how to go The Clerk read the resolution, as fol- about achieving that desirable result. (1) await the disposition of all the bills lows: contemplated in sections 2–4; The resolution mentions taxes and the com- H. Res. 351 (2) add the respective texts of all the bills plexity of the tax laws, but provides no useful Resolved, That upon the adoption of this contemplated in sections 2–4, as passed by suggestions as to how to reduce that com- resolution it shall be in order without inter- the House, as new matter at the end of H.R. plexity or to promote tax fairness. vention of any point of order to consider in 739; The resolution complains about ‘‘lawsuit the House the bill (H.R. 739) to amend the (3) conform the title of H.R. 739 to reflect abuse’’ and seems to support ‘‘litigation man- Occupational Safety and Health Act of 1970 the addition to the engrossment of the text agement,’’ but says nothing about the extent to provide for adjudicative flexibility with of all the bills contemplated in sections 2–4 to which the courts can protect individual regard to the filing of a notice of contest by that have passed the House; an employer following the issuance of a cita- (4) assign appropriate designations to pro- rights and the essential role of law in our soci- visions within the engrossment; and ety. tion or proposed assessment of a penalty by the Occupational Safety and Health Admin- (5) conform provisions for short titles with- And while the resolution correctly says there istration. The bill shall be considered as in the engrossment. is a need for greater energy self-sufficiency read. The previous question shall be consid- (b) Upon the addition of the text of the and security, it does nothing about it. While ered as ordered on the bill to final passage bills contemplated in sections 2–4 that have that actually is an improvement over the en- without intervening motion except: (1) one passed the House to the engrossment of H.R. ergy-policy bill the House passed earlier this hour of debate on the bill equally divided and 739, such bills shall be laid on the table. year, with its many wrong-headed provisions, controlled by the chairman and ranking mi- (c) If H.R. 739 is disposed of without reach- nority member of the Committee on Edu- ing the stage of engrossment as con- it falls far short of what is needed. templated in subsection (a), the bill con- In short, this resolution is not serious. It de- cation and the Workforce; and (2) one motion to recommit. templated in sections 2–4 that first passes serves neither the time consumed in debating SEC. 2. Upon the adoption of this resolution the House shall be treated in the manner it nor approval by the House. I will not vote for it shall be in order without intervention of specified for H.R. 739 in subsections (a) and it. any point of order to consider in the House (b), and all other bills contemplated in sec- Mr. MARSHALL. Mr. Speaker, I voted for H. the bill (H.R. 740) to amend the Occupational tions 2–4 that have passed the House shall be Res. 352 because I agree that there are bar- Safety and Health Act of 1970 to provide for laid on the table. riers to keeping and creating jobs within the greater efficiency at the Occupational Safety The SPEAKER pro tempore. The gen- United States and that Federal agencies ought and Health Review Commission. The bill tleman from Utah (Mr. BISHOP) is rec- to review their rules and policies to improve shall be considered as read. The amendment ognized for 1 hour. in the nature of a substitute recommended Mr. BISHOP of Utah. Mr. Speaker, the competitiveness of our economy. But I do by the Committee on Education and the not associate myself with the sense of the Workforce now printed in the bill shall be for the purpose of debate only, I yield ‘‘Whereas’’ clauses that America must adopt considered as adopted. The previous question the customary 30 minutes to the gen- foreign values and standards in order to com- shall be considered as ordered on the bill, as tleman from Florida (Mr. HASTINGS), pete economically. I also note that the amended, to final passage without inter- pending which I yield myself such time ‘‘Whereas’’ clauses include partisan distortions vening motion except: (1) one hour of debate as I may consume. During consider- and falsehoods that are an ill-considered dis- on the bill, as amended, equally divided and ation of this resolution, all time yield- service to the cause of American competitive- controlled by the chairman and ranking mi- ed is for the purpose of debate only. nority member of the Committee on Edu- The resolution before us is the rule ness. cation and the Workforce; and (2) one motion The SPEAKER pro tempore (Mr. to recommit with or without instructions. for the consideration of a package of SHIMKUS). The question is on the mo- SEC. 3. Upon the adoption of this resolution four bills, H.R. 739, 740, 741, and 742. tion offered by the gentleman from it shall be in order without intervention of They are pieces of legislation which

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15651 passed with a significant bipartisan help small businesses which were clear- racies that have virtually unlimited majority in the 108th Congress and are ly recognized in the Federal Rules on legal resources of the Federal Govern- once again being brought to the floor Civil Procedure. ment behind them. This bill helps the mom-and-pop businesses to be able to today to help reduce the impact of un- b 1215 duly burdensome regulations for Amer- have the courage to speak up for them- ican small businesses and thereby en- There is no good reason why we selves when they are right. hancing American competitiveness, should not codify for all what is occa- Small businesses still provide a ma- and to restore fairness in applying sionally given to some and allow for jority of the jobs in this country, and workplace safety regulations to small some discretion in granting relief to they feel the economic pressure business. innocent employers for, as the law brought by government regulations The rule before us, House Resolution says, mistake, inadvertence, surprise and taxes every day. It is only fair that 351, provides for the separate consider- or excusable neglect. There should be through these four bills in these very ation of each of these four bills. Under no controversy over this commonsense specific areas that we take care to re- the rule, each bill will have its own de- bill. move any economic incentives for the bate time and the opportunity to be The second bill, H.R. 740, the Occupa- fostering of an insensitive Federal reg- thoroughly debated and voted on by tional Safety and Health Review Com- ulatory bureaucracy. this body. mission Efficiency Act of 2005, provides Mr. Speaker, these are four common- Finally, the rule also provides that for the addition of two additional sense good bills which, once again, en- at the close of consideration of these members to the review commission, joyed a bipartisan majority of Mem- measures, the Clerk of the House will and the additional human resources bers’ support in the 108th Congress. Our country has had 35 years of expe- be directed to combine the text of each will allow it to complete its work in a timely fashion for the benefit of both rience with OSHA. As documented in of these bills that do pass the House testimony before the House Committee under this rule as one engrossed bill, employers and employees. For two- thirds of the life span of the review on Education and the Workforce, mod- and send that bill to our friends on the est improvements are needed to restore other side of this Capitol, where they commission’s existence, the commission has frequently been paralyzed by balance to the regulatory scheme will have a better opportunity this through these bills as they relate to vacancies that have resulted in several time to be both deliberative and, hope- small business. Last year, the Office of critical and well-documented ineffi- fully, active at the same time. Management and Budget reported to ciencies and rendered the entire regu- While this may seem to be a com- the Congress the annual cost of major latory scheme devised by Congress to plicated rule, the effect is quite simple. Federal regulations for the decade The bills brought up for consideration resolve OSHA disputes as unworkable. from 1992 to 2002 was somewhere be- under this rule will allow small busi- The byproduct of this breakdown tween $38 and $44 billion which means nesses to focus more of their energy on delays final adjudication. It harms real that, for every dollar we spend for reg- competing in the marketplace, pro- business. It hinders real job creation. ulation, we also as a government spend viding their customers with better There is a simple and easy way to re- $1.50 for compliance costs and the pri- goods and better services and creating solve this particular problem. vate sector spends $45 in compliance new jobs across America, rather than The third bill, H.R. 741, the inde- costs. spending their time paying question- pendent review of OSHA citations, by The over-regulation of business puts able fines, wrangling with regulators, legislative history and practice, OSHA us at a competitive disadvantage with worrying about the uncertainties cre- was designed to be responsible for rule- the rest of the world, places unlimited, ated by an inadequate dispute process, making, enforcement and adjudication. unnecessary limits on our economy and created by staffing shortages, or hav- But Congress also established a review harms the consumer. ing to pay for lawyers’ fees to help commission. Its intention was to give I am proud the congressional leader- fight a just cause with occasionally in- an independent review of OSHA func- ship is continuing to look at ways to sensitive, but most often distant, Fed- tions as a check on prosecutorial ex- pare back the overwhelming growth in eral bureaucracy in Washington, D.C. cesses by OSHA. regulation and bureaucracy, and I urge The gentleman from Ohio (Chairman A 1984 court decision extended the my colleagues to support the rule for BOEHNER) and the subcommittee chair- concept of administrative deference to these four bills to keep American busi- man, the gentleman from Georgia (Mr. the agency and subsequent court deci- nesses competitive in a global market- NORWOOD), as well as the hard work by sion which have been conflicting, have place, to keep jobs here in America. I both Republican and Democratic Mem- compounded the problem, and con- urge my colleagues to support this rule bers of this committee, are to be com- flicted the process of checks and bal- and the underlying bills. mended in bringing a well-balanced ances Congress intended. This bill sim- Mr. Speaker, I reserve the balance of small business fairness package to the ply restores responsible checks and bal- my time. Mr. HASTINGS of Florida. Mr. floor today. ances to the current system by making Speaker, I yield myself such time as I The first of these four bills, 739, it clear that it is the commission’s legal interpretation that should be may consume. which is the Occupational Safety and Mr. Speaker, I thank the gentleman Health for Small Businesses Day in given proper judicial deference. from Utah (Mr. BISHOP) for the time. Court Act, tries to provide flexibility Finally, Mr. Speaker, the fourth bill, Mr. Speaker, I rise today in strong to employers filing responses to OSHA H.R. 742, deals with small employers’ opposition to this closed rule and all citations. access to justice. This simply provides four of the underlying pieces of legisla- We currently have a hard and very for a small employer to have payment tion that it encompasses. For those arbitrary standard of 15 days to re- of attorney fees when that small em- who did not hear me the first time, I spond to an OSHA citation, even ployer prevails in litigation that was said four pieces of legislation under though in the 1980s, the Federal Rules prompted by the issuance of a citation one closed rule. of Civil Procedure granted employer by OSHA. The legislation is simple in This is a quadruple coupon day in the relief to file a late notice if there was its rationale: Small business people House of Representatives, Mr. Speaker. a mistake, inadvertence, a surprise, or should not be intimidated into blindly Four opportunities to shut off democ- excusable neglect. following mandates because they do racy for the price of one. What is per- This bill simply codifies this com- not think they can afford to fight a haps most offensive about the rule is monsense practice. Hard and fast dead- case in court in which they would oth- the fact that not one amendment was lines in instances sometimes work an erwise prevail. This levels the playing made in order for any of the four bills. injustice, but in any case they provide field so that small businessmen and Let me repeat that: Not one amend- only a safe standard for the bureau- businesswomen have an equal chance ment was made in order for any of the crats, but lack the common sense to with powerful government bureauc- four underlying bills.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15652 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Closed rules are an affront to our de- one making the minimum wage 40 Now, I believe that our committee, at mocracy. We should stop it now. My hours a week above the poverty line. In least most of our committee, believes outrage and the outrage of all on this blocking the gentleman from Cali- that. As such, a structured rule pro- side of the aisle is as much about proc- fornia (Mr. GEORGE MILLER) from offer- viding for consideration of these four ess as it is about policy. Pure partisan ing his amendment, Republicans are measures on their merits in my view is politics never produces sound public again proving that they are anything entirely appropriate. policy. And patronizing corporate in- but the people’s party. Perhaps the ma- As I will detail later in the debate on terests to pad one’s campaign coffers jority is blocking what it knows it can- these bills, we need to implement these has no place in the people’s House. Yet, not defeat, or better yet, perhaps the changes because small employers ought that is all the majority seems inter- majority is just protecting its members to be devoting more of their time and ested in doing. from taking a vote that will show their attention to creating new jobs and less The political score Republicans are true colors. Shame on them and shame on dealing with government lawyers seeking to settle with their barrage of on this body if it allows this assault on intent on manipulating legal technical- anti-working-class legislation is not American workers to continue. None of ities. And that, in fact, is going on. going to be fulfilled by stifling debate us in this body would want to live on With that, I will briefly summarize and blocking Democrats out of the $5.15 an hour. None of us would want to each of these bills for my colleagues. process. Republicans are calling this work three jobs just to make ends The first measure for consideration the OSHA fairness package. Fair for meet. None of us would want to work under this rule is H.R. 739, the Occupa- who? There are only losers with these three jobs and still have no health tional Safety and Health Small Busi- bills, Mr. Speaker, and the biggest vic- care. Yet, that is what we are asking, ness Day in Court. In almost every tim is the American worker. All four of no, requiring millions of our fellow other court in this Nation, a party that the underlying pieces of legislation citizens to do. acts in good faith but nonetheless represent a buffet of rollbacks in our When the opportunity to increase the misses a lead deadline that results in a laws governing working conditions. minimum wage presents itself, Repub- legal default can ask the court to have Mr. Speaker, do we have an over- licans blocked House Members from the case heard on its merits. Currently, whelming epidemic in this country of voting on it. At least in the other body, there is doubt over whether the Occu- ridiculous and overzealous workplace while the leadership opposed an in- pational Safety and Health Review lawsuits that I do not know about? The crease in the minimum wage, they at Commission, the agency specifically judicial process for violations and least permitted a vote. Protecting the and importantly created by Congress workplace health and safety standards rights of those most in need is the cor- to hear each legal dispute between an has been in place for nearly 30 years. It nerstone of our great democracy. I employer and OSHA, has the statutory is fair, and most importantly, it pro- refuse to remain silent while those on flexibility to grant this type of relief. All H.R. 739 does is to provide flexi- tects the rights of workers. Yet, two of the other side of the aisle seek to dis- bility that almost every other court in the underlying bills affecting OSHA miss this cardinal American value. the Nation exercises. We use identical standards are coming as a direct result I urge my colleagues to reject the terminology to that used in the Fed- of recent court rulings that Repub- closed rule and oppose the underlying pieces of legislation. eral Rules of Civil Procedure, Rule licans and their corporate friends do Mr. Speaker, I reserve the balance of 60(b), a rule used by nearly every other not agree with. The other two are my time. court in the Nation. aimed at stacking the OSHA commis- Mr. BISHOP of Utah. Mr. Speaker, I The second bill provided for under sion with anti-worker commissioners yield myself such time as I may con- the rule is H.R. 740, the Occupational and creating a system where only those sume. Safety and Health Review Commission who can afford legal representation Mr. Speaker, I am appreciative of Efficiency Act of 2004. Under current will be permitted to file a complaint being able to talk about the four bills law, two members of a three-member with the Workplace Safety and Health dealing with regulatory reform, all of panel are needed to constitute a Board. which have had full debate in the com- quorum. For 20 percent of its existence, Mr. Speaker, I do not like the new mittee this year, as well as full debate this agency has lacked even a quorum policy of this Congress which can best in the committee last year. And the of two. OSHRC has had a full com- be described as ‘‘when the courts rule Committee on Rules did approve every plement of members seated and active against you, legislate against the amendment that was germane. Unfor- for only about one-third of its history. courts.’’ tunately, of the three amendments That does not work. That does not Why are we stifling Members from of- that were present, none of them were work for anybody. fering thoughtful amendments? Just germane to the topic of regulatory re- Even now, the commission can be one example, if I may. The ranking form. paralyzed only with two members if Democrat on the Committee on Edu- Mr. Speaker, I yield 7 minutes to the there is not complete agreement as to cation and the Workforce, my good gentleman from Georgia (Mr. NOR- all points. To remedy the situation, friend, the gentleman from California WOOD), the subcommittee chairman, to H.R. 740 proposes, increases the mem- (Mr. GEORGE MILLER), a man who address this rule. bership of OSHRC from three members served in this body for 30 years and is Mr. NORWOOD. Mr. Speaker, I can- to five. This change is modeled on known throughout the country as a not help but add or repeat so our Mem- other government agencies and, in par- champion for working-class Americans, bers know, the amendments that were ticular, the Federal Mine Safety and Republicans denied him the oppor- not accepted from the Democrats had Health Review Commission. tunity to offer a substitute to one of nothing to do with these bills. They H.R. 740 also incorporates a new pro- the underlying bills that came out of were simply not germane, and I know vision that permits the President to in- his committee. that upsets them, but those are the vite an incumbent member of OSHRC Had the majority made the Miller rules of House. whose term has expired to hold over Mr. Speaker, I rise in support of this substitute in order, the House could until a replacement can be confirmed rule which provides the House an op- have done something today that would by the Senate. have actually benefited working-class portunity today to address four very Americans. We could have had a real important bills. These measures in my b 1230 debate about increasing the minimum view are very modest reforms. They Now, this just makes sense if you wage to a meager $7.25 an hour. have been narrowly drafted to make want OSHRC to work, and I do. There Realize, this is an amount that while needed changes in our law, actually for are some cases that have been over above the current level of $5.15 is sig- about 34 years, while avoiding the pos- there for 8 years, for pity’s sake. nificantly below the much needed liv- sibility of any reduction in the current Now, my friends on the other side ing wage that is needed to pull some- levels of workplace protections. may say, oh, all they are trying to do

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15653 is to pack the commission because Mr. Speaker, I urge Members to de- dren, 60 percent work full time, 59 per- there is a Republican President. Well, feat the previous question on the rule cent are white, 13 percent are black, these commissioners do not serve for and allow this body to have an up-or- and 23 percent are Hispanic, with 57 life. You will have an opportunity down vote on an increase in the min- percent women and 94 percent, of sometime in the future maybe to put imum wage. By refusing to take up this course, not protected by union rep- your own commissioner on there, but bill over the past 9 years, the leader- resentation. we need to get these things resolved. ship of the House must take responsi- In the past 8 years, Members of Con- This will solve that. bility for what effectively is a repeal of gress have had a COLA seven times. In The next measure to be considered the national minimum wage. those same 8 years, minimum wage under the rule is H.R. 741, the Occupa- American workers are long overdue a workers have not gotten a single raise. tional Safety and Health Independent raise. Real wages are declining for the They continue to earn $10,700 a year for Review of OSHA Citations Act of 2005. first time in more than a decade, while working all year, all day long. This one is important, in my view. H.R. prices of health care, gasoline, and Mr. Speaker, we should vote against 741 simply reinstates congressional in- other necessities are rising, making it the previous question so that we will tent, and we will say that over and even more urgent that we raise the have an opportunity to offer this up-or- over in the next 4 hours, because an ac- minimum wage now. The minimum down vote on the minimum wage, one tivist judge changed the law of 1971. wage has been stuck at $5.15 an hour that is sorely overdue and one that has The legislative history of the OSH since 1997. That is $5.15 an hour since been kept from the American public, Act clearly indicates that back in 1970 1997, and that is what this Congress has despite its overwhelming support by Congress realized that in granting ex- done to the American worker. the Republican leadership of this Con- traordinary and unprecedented author- Every American deserves a decent gress. ity to OSHA, the agency would need wage for the work they do, and most Mr. BISHOP of Utah. Mr. Speaker, I some mechanism to make sure that the Americans agree that we should raise yield myself such time as I may con- authority was not abused. If you study the minimum wage. They see it as a sume to note that, though I appreciate the history on this a little bit, Senator matter of fairness for their fellow the very articulate remarks of the gen- Javitz noted the future of the OSH Act workers. Unfortunately, the Repub- tleman from California about the issue depended on this compromise that cre- lican Congress disagrees, and the Re- at hand, which is a significant issue we ated an independent review at the time publican Congress disrespects workers should somehow debate, I remind him it was passed, with a Democratic House and violates the will of the people when that we are talking here about reform and a Democratic Senate and a Repub- it refuses to increase the minimum of a regulatory process of OSHA. The lican President. wage. We ought to respect workers by gentleman’s comments are not ger- This bill never would have passed had guaranteeing them a fair wage. Work mane to this particular bill. There will not this review been put in there. H.R. should be the path out of poverty, but be a point in time for that discussion, 741 simply restores congressional in- millions of Americans work full time but we should not cloud what this bill tent by ensuring that this review is, in every day all year long and still live at is actually doing. fact, an independent one and not dic- poverty because they work at the Fed- Mr. Speaker, I yield 6 minutes to the tated by OSHA. eral minimum wage. gentleman from Kentucky (Mr. DAVIS) The last measure considered under The failure of Congress has pushed to hopefully clarify this. the rule is H.R. 742, the Occupational millions of America’s most vulnerable Mr. DAVIS of Kentucky. Mr. Speak- Safety and Health Small Employer Ac- workers into poverty or near poverty. er, I rise today in strong support of this cess to Justice Act. This measure sim- The Fair Minimum Wage Act of 2005 we rule and the underlying legislation. I ply levels the playing field for small present today as an alternative to want to take this opportunity to thank employers by encouraging OSHA to these bills which roll back health and my colleague, the gentleman from better assess the merits of the case be- safety protections would in fact raise Georgia (Mr. NORWOOD), for 10 years of fore bringing the full force and power the minimum wage to $7.25 an hour in leadership in this body on a very crit- of government litigation against small three steps, $5.85, 60 days after enact- ical and important issue. businesses. ment of the bill; $6.55 one year later; The opposition today just simply ne- To empower small business employ- and $7.25 one year after that. glects the reality that these bills do ers to seek their day in court, H.R. 742 This would reverse the trend we now not affect safety at all. Rather, they simply provides that if OSH loses, very see where the number of Americans in will improve the climate of business, small employers can recover their at- poverty has increased by 4.3 million and they will improve the opportunity torneys’ fees and costs. This remedial since President Bush took office. Near- for safety because all small business measure is important because it has ly 36 million people live in poverty, in- owners know that good safety makes become crystal clear that failings in cluding 1 million children. good business, and safety is not what current law prevent almost any recov- A recent report by the Center of Eco- this is about. ery of attorneys’ fees in the OSHA en- nomic Policy Research shows that OSHA was founded to establish a vironment. I think there has been one most minimum wage workers make a common guideline to improve safety and a half a year for the last 24 years. significant contribution to total family and, hence, to improve competitiveness Mr. Speaker, the rule under consider- income. Half of them are between the nationally. But it has mutated into an ation provides for ample debate on ages of 25 and 54. Many workers find organization that is seen in the busi- each of these measures. I urge my col- themselves trapped in minimum wage ness community, frankly, with fear, as leagues on both sides of the aisle to jobs; more than one-third of 25-to-50- one that comes with retribution, of un- support both this rule and each of the year-old workers in minimum wage certainty and subjectivity in enforce- bills we will consider under it. jobs are still earning a minimum wage ment. Each piece of legislation being Mr. HASTINGS of Florida. Mr. after 3 years. considered today makes commonsense Speaker, I am pleased to yield 31⁄2 min- Another report from the Children’s and practical reforms to the Occupa- utes to the gentleman from California Defense Fund finds that the annual in- tion Safety and Health Administration (Mr. GEORGE MILLER), a champion of come of a single parent working full and to the Occupational Safety and worker rights. time at minimum wage covers only 40 Health Review Commission to restore Mr. GEORGE MILLER of California. percent of the estimated cost of raising original intent of the act from 34 years Mr. Speaker, I thank the gentleman for two children; 71⁄2 million workers will ago. Moreover, it will restore the con- yielding me this time, for his leader- directly benefit from minimum wage text and the spirit of the original in- ship on the Committee on Rules, and increases. More than 84 percent of tent of the law. for being such a stalwart on behalf of those workers are 20 years old or older, Mr. Speaker, I have spent most of my worker protections. 45 percent are married or have chil- professional life in manufacturing,

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15654 CONGRESSIONAL RECORD—HOUSE July 12, 2005 working with small manufacturers who and confusing, regularly causing small and working families in every way pos- were competing in the global economy businesses to miss that 15-day window sible. In fact, the gentleman just before and dealing with compliance issues. I inadvertently. This resolution simply said unless you have created a job, you have seen this lost original intent first- permits a waiver for demonstrated do not deserve the right to speak on hand. What was intended to provide causes or mistake. policy. Only those who have created that commonsense standard is now a H.R. 740 increases the number of jobs. Well, one might take the attitude confusing mass of regulations that cre- commissioners on the review commis- that unless you have fought in combat ate cost, that cost us jobs, and that sion, not to stack the deck, but to on the front lines in America, you do damage competitiveness without af- allow the backlog of cases to be able to not deserve to make policy. fecting one aspect of safety. Indeed, 50 be removed so these businesses can get Working families provide the soldiers percent of the regulations that OSHA back to creating jobs, generating who defend this Nation. In all the wars, can shut down a business with have growth in our economy, and ultimately 90 percent of the people who die are nothing to do with safety, but paper- providing a future for the generation from working families. In Iraq, the work compliance. following behind us. people on the front lines are from I have watched subjectivity and en- Currently, there are citations on ap- working families. Working families de- forcement where one of my clients, peal that have been unresolved for 8 serve the protection of their govern- who had never had a lost day for a safe- years. We cannot compete in a climate ment on the job through OSHA and any ty violation, was violated repeatedly like this. Stalemate serves no one. other device we can use. because this perfect facility had rail- H.R. 741 clarifies the original con- b 1245 gressional intent by affirmatively de- ings that were 34’’ instead of 36’’ tall They also deserve an increase in the claring that a review court must defer all around their machining center, minimum wage. Let us take a look at costing them tens of thousands of dol- to the review commission. This brings the scandal of the minimum wage. Let lars in legal fees. it back into original statutory compli- us stop for a moment and consider the Another client, who had over 100 ance and original intent. The review fact that Members of Congress have identified safety violations that I per- commission was designed to be the had several increases in their wages in sonally noted in my report to their cor- independent arbiter or judge. OSHA, on the past 8 years. Members of Congress porate parent, was never violated be- the other hand, serves as the pros- will have raised their own pay seven cause of personal relationships and ecutor. Deference by a reviewing court times by $28,500. Let me repeat, in the subjectivity in that particular locale. should be given to the independent ar- past 8 years, Members of Congress have This is a travesty and misses the entire biter, not to the prosecutor. raised their own pay seven times by point because the workers in the one Finally, H.R. 742 allows a small busi- $28,500. In those same 8 years, min- location were adversely affected by a ness to recover its legal costs if it wins. imum-wage workers have not increased lack of context and enforcement. Under current law, a small business is their wage by a single penny. They Ironically, the fiercest opponents of often faced with simply paying the pen- continue to earn $10,700 a year, $5.15 an this small business-friendly agenda alty because it is cheaper than fight- hour. have never created a job, have never ing. Too often our small businesses suf- All we are saying is, please, Members met a payroll, and have never sac- fer devastating financial losses just to of Congress who have gotten a $28,500 rificed personally to ensure their em- prove they are innocent. raise in the last 8 years, let us all to- ployees have had their benefits and had In the case I mentioned previously gether sponsor a very moderate, con- their salaries. I have done that, the that had no safety violations, or no servative bill, it is far too conservative gentleman from Georgia (Mr. NOR- loss time for safety violations but was for me, but where we would raise min- WOOD) has done that, and those who are violated on silly paperwork compli- imum wage to $7.25 an hour in three supporting this legislation in many ance, there were jobs lost, or actually steps. Our bill only proposes that we cases have themselves. not created, more correctly, because of raise it to $5.85 an hour 60 days after OSHA serves an important function, those tens of thousands of dollars spent the enactment of the legislation. We but I remember one thing one of my paying attorneys instead of paying raise it to $6.05, 1 year later, and 1 year supporters, Riley, said, who started a working families. after that, we raise it to $7.25. That is business from scratch and has the As a former small business owner, I what we are proposing. Who can dis- great loyalty of hundreds of his em- know the important impact of this leg- agree with that? ployees in his small business: he be- islation, what it will have on our small Today, the real value of minimum lieves that nobody should run a Fed- businesses, on the safety of their em- wage is more than $3 below what it was eral regulatory agency or even serve in ployees, and on the generating of addi- in 1968. To have the purchasing power Federal elected office unless they have tional hopeful jobs for working fami- it had in 1968, the minimum wage created one job, because it changes lies. would need to be more than $8.50 today. your world view and your outlook re- I urge all my colleagues, Mr. Speak- I strongly urge that we consider this gardless of party. er, to vote in favor of this rule and to amendment. Working families in OSHA was created to protect the support this critical underlying legisla- America deserve some of the fruits of safety of the workforce and not to tion. the Nation’s prosperity. They deserve strangle small business. This legisla- Mr. HASTINGS of Florida. Mr. to have their government not only call tion represents four commonsense solu- Speaker, I yield 3 minutes to the gen- upon them to defend the country in tions for fine-tuning OSHA to improve tleman from New York (Mr. OWENS). times of war and to die, they deserve to protection for our workers, while re- Mr. OWENS. Mr. Speaker, as an have their government look out for ducing unnecessary burdens on small original cosponsor of the Fair Min- their interests all of the time. Giving business. imum Wage Act of 2005, I urge the them a way to earn a living is a good H.R. 739 allows the review commis- Members to defeat the previous ques- beginning. sion to waive the hard 15-day rule ap- tion on the rule and to allow a vote on The neglect that we have experienced peals deadline for cause. As my col- raising the minimum wage. on the battlefield of Iraq with combat league previously mentioned, it re- Raising the minimum wage is a very soldiers not being properly outfitted is moves ambiguities in the current law important matter for working families a reflection of the way we feel about and brings context to specific situa- in America. The four bills we will have working families. Working families de- tions so that there can be a climate of before us today are packaged and they serve our attention. I urge Members to dialogue and compliance. Most small are designed to try to trivialize one as- defeat the previous question. businesses cannot afford to maintain pect of the government’s relationship Mr. BISHOP of Utah. Mr. Speaker, I in-house compliance professionals, and with working families: their safety. We yield myself such time as I may con- an OSHA citation can be intimidating want to trivialize workers it seems, sume.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15655 Mr. Speaker, once again, I have en- fore us is a fair rule, and I urge my col- Rules refused to allow a vote on an joyed the articulate and emotional dis- leagues to support it. amendment that has bipartisan sup- cussion that has gone forward on this Mr. HASTINGS of Florida. Mr. port, an amendment that would require rule so far. Eventually, we may actu- Speaker, I kind of question whether a to list contract workers on their injury ally have a bill that meets the debate. closed rule is fair, but I hear the chair- site log. I would remind my colleagues that man. This was not a major expense or an these four packages are how we help Mr. Speaker, I yield 2 minutes to the inconvenience for employers, yet the small business negotiate through the gentlewoman from California (Ms. Committee on Rules defeated it on a stream of Federal regulation. WOOLSEY). party-line vote. Mr. Speaker, I yield 3 minutes to the Ms. WOOLSEY. Mr. Speaker, 38 years The bills that are up today are not gentleman from Ohio (Chairman BOEH- ago, I was a single working mother major legislation. They may correct NER) to once again reemphasize that with three small children. They were 1, individual problems, and each of them point. 3 and 5 years old. I was receiving no need to be debated, and they should be. Mr. BOEHNER. Mr. Speaker, I thank child support, earning minimum wage. But not to allow other needed OSHA the gentleman for yielding me this Even though I was employed, I was reforms is a travesty of this House be- time. earning so little I needed welfare to cause of the situation I am getting Mr. Speaker, we are here today to provide my children with the child ready to talk about. Our amendment discuss four important bills that make care, the health care, and the food that was defeated on a party-line vote, even modest reforms to the Occupational was necessary to keep us going. Even though we have bipartisan support on Safety and Health Act. These bills will though I was educated, I had good job the original legislation that was intro- help enhance business competitiveness, skills, I still was not earning enough to duced in March of this year. encourage further job creation, but fully support my family. My story Mr. Speaker, 15 people lost their lives most importantly, they will help im- bears repeating because too many fam- during an explosion and fire at a refin- prove worker safety by promoting a co- ilies today are in the absolute same ery in Texas City. This is a picture of operative climate between employers predicament I was 38 years ago. the site, and I include for the RECORD a and OSHA that focuses on results. If this Congress is truly serious about copy of the Baytown Sun article on the Last week, the Department of Labor reducing dependence on welfare, let us deadly accident. This picture shows the reported that more than 3.7 million increase the minimum wage, let us pay site in Texas City. new jobs have been created since May working parents enough to support The bills that are allowed under this of 2003, marking the 25th consecutive their families and take care of them- rule will do nothing to help the 15 peo- month of sustained job creation. But selves. Otherwise, taxpayers who pay ple killed in this accident. Nothing. we want to make sure that onerous for welfare are subsidizing employers That is what the travesty is on this who do not pay a livable wage. floor today. government regulations do not ham- The minimum wage has not kept up A series of news articles quickly dis- string small businesses’ ability to hire with the increase in the cost of living. covered that it is extremely difficult to new workers and compete in our econ- Workers these days can put in a full assess the safety of such facilities due omy. That is why these bills are impor- day, 40 hours a week at minimum wage to the way employers are required to tant, and that is why they are on the and still live below the poverty level. keep their site logs of injuries on the floor today. The majority leadership in this Con- work site. While all deaths and injuries OSHA regulations are amongst the gress want to kick single moms and are reported to OSHA, only those in- most complex and difficult legal re- their families off welfare, and they volving direct employees of the site- quirements imposed on employers want to cut $10 billion out of Medicaid controlling company are required to be today. For many employers, especially to reduce health benefits for low-in- maintained on the site incident log. smaller employers, compliance with come families. This means that the incidents involv- OSHA regulations is a challenge even A minimum wage increase is also a ing contract workers or part-time with help from experts. Many smaller matter of basic fairness for millions of workers do not show up on the injury work sites could make significant working Americans. It is not as if busi- log employers are required to keep by progress in reducing injuries and illnesses are not doing well. Private busi- law. Unfortunately, because current nesses if OSHA would just lend them a ness productivity has and is increasing. law does not require them to do so, the helping hand through cooperative part- Profits are up, but wages are stagnant. site log will look just the same as it nerships. These voluntary partnerships What is wrong with this picture? Is it did the day before March 23. It will take nothing away from strong en- not time to let American workers show no lives were lost. forcement. They supplement tradi- share in the fruits of their labor? Those 15 workers who died on this tional enforcement programs to help President Bush and his allies say site were contract workers, and they achieve the best results. they support traditional American should be reported. Residents and com- These four bills remove the arbitrary family values. Well, let us return to munities surrounding these facilities and unintentional legal traps in cur- the traditional family value of paying have a right to know if they live near rent OSHA law that help hamstring an honest wage for an honest day’s a place that could endanger them if better trust and voluntary cooperation work by raising the minimum wage. If something were to go wrong. If we had between the agency and employers. they, the Republicans, believe their full disclosure of these incidents, the While fairly modest in substance, these own rhetoric, they would have allowed free market system may be able to reforms are important to small busi- this discussion as part of this bill. work. Workers are less willing to work ness owners who struggle every day to Vote ‘‘no’’ so we can discuss min- in hazardous environments, so facili- comply with complex OSHA laws and imum wage and an opportunity for ev- ties would have incentives to improve provide a safe working environment for erybody in the House to say their safety. Right now, it is nearly impos- their workers while facing an increas- piece. Vote ‘‘no’’ for the four bills in- sible to determine exactly how many ingly competitive worldwide economy. cluded under this rule. accidents have occurred at a particular Employers who make good-faith ef- Mr. HASTINGS of Florida. Mr. site without cross-referencing con- forts to comply with OSHA standards Speaker, I yield 3 minutes to the gen- tracts between employers and contrac- deserve to be treated fairly and have tleman from Texas (Mr. GENE GREEN). tors. their day in court. These commonsense Mr. GENE GREEN of Texas. Mr. OSHA has known these reporting re- bills will help ensure they receive that Speaker, I thank the gentleman for quirements were a problem for 14 opportunity. These commonsense bills yielding me this time opposing this years, and yet here we are today deal- passed the House last year with bipar- rule. ing with three pieces of legislation that tisan support, and they deserve every I would like to express my dis- deal with nothing to do with contract Members’ support today. The rule be- appointment that the Committee on workers.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15656 CONGRESSIONAL RECORD—HOUSE July 12, 2005 In 1989, one of the most serious plant were a lack of supervision and a six-minute b 1300 explosions in our country occurred at a window in which unit supervisors could have In those same 8 years, minimum plant in Pasadena, Texas, and I am sounded an alarm to evacuate the area, but didn’t. wage workers have not gotten a single honored to represent that area. This ‘‘If personnel responsible for the safe start- raise. They continue to earn $10,700. We accident killed 23 workers and injured up of the isom unit had followed procedures, have given raises to Federal employ- 232 others. As a result, OSHA called for the fire and explosion would not have oc- ees. We have given tax cuts to the ex- a study regarding the use of contract curred,’’ Chappell said Tuesday. tremely wealthy. We have given tax labor in the petrochemical industry. An alarm notified operators of a liquid breaks to oil and a host of other big in- This study was conducted while the level that was too high in the raffinate split- dustries. But we have ignored the needs first George Bush was President, and ter at 3:05 a.m. on March 23, company records and the plight of America’s working show. An operator silenced the alarm, but an this study found there was a lack of illuminated warning remained on screens poor. This study proves it, and it is adequate injury and incident data. It and the alarm remained in effect until 1:20 time to change it. The current min- states that current data reporting pro- p.m., the time of the blast, Holmstrom said. imum wage fails to provide enough in- cedures do not capture the full range of Meanwhile, liquid-level indicators drifted come to enable minimum workers to injury or illnesses experienced in the down from 100 percent to 79 percent begin- afford adequate housing in any area of industry because the injury statistics ning at 7:30 a.m., and ‘‘erroneously indicated this country. It is inexcusable that do not include the experience of con- to operators that the liquid level in the today in America nearly one-fifth of tract workers. tower was below 10 feet and was falling back children go to bed hungry at night toward a normal value.’’ This amendment does not require an However, the 164-foot tower was instead while their parents work full time at industry to do anything more than flooded with liquid that reached 120 feet or minimum wage. Whether one is a Dem- record injuries and accidents on their more, Holmstrom said. A normal level is ocrat or a Republican, ending child site log regardless of whether they are below 10 feet. poverty should be central to our do- their employee or someone working on When the excess liquid and vapor was dis- mestic agenda. Nearly 31⁄2 million chil- their site. I am not here to bash em- charged, it overwhelmed one of the unit’s dren have parents who would get an ployers or OSHA. The bottom line is systems, causing the vapor and liquid to be immediate raise if Congress increased released and ignited by a still-unknown that neighbors and employees have the the minimum wage. source. Hard work is an American value. We right to know. These bills that we are Holmstrom said federal investigators will considering today may very well weak- spend the next four to six weeks testing at teach our children the importance of en job safety, but I do not think they least 30 instruments and other equipment in work and encourage them to do well in are that major. We should be working the isomerization unit, which boosts the oc- school to achieve a job that rewards it. on a bipartisan basis to solve problems tane level in gasoline. Federal investigators Despite this, 36 million working Ameri- and prevent deaths and injuries like have also asked BP for equipment mainte- cans live in poverty. Poverty and wage nance records. Chappell said BP was cooper- volatility have doubled for full-time, what happened on March 23, 2005, in ating. full-year workers since the 1970s. Since Texas City, Texas. That is why these Holmstrom said it is ‘‘unprecedented’’ for President Bush took office, the cost of three bills are woefully inadequate to his investigators to spend so much time housing has gone up 33 percent, college deal with the problems that we have looking into equipment, instrumentation tuition has gone up 35 percent, and with on-site job injuries right now. and their possible failures. ‘‘Our objective is to understand why this health insurance has gone up 59 per- [From the Baytown Sun, June 29, 2005] tragedy occurred, and, we hope, to prevent cent. But the working poor have not ALARMS, INSTRUMENTATION FAILED IN BP similar occurrences in the future,’’ he said. seen one thin dime. REFINERY BLAST The board will hold a public meeting to Leave No Child Behind is a cruel (By Pam Easton) discuss complete findings of the federal joke. America’s future depends on NASSAU BAY.—Key pieces of instrumenta- probe this fall, Holmstrom added. strong families, and if Members believe tion and alarms at BP’s Texas City refinery Chappell said BP and federal investigators have the same goal. in values of families, as some say they weren’t working properly in March when ex- do, then they would vote this rule plosions rocked the plant, killing 15 and in- ‘‘We want to ascertain exactly what oc- juring more than 170, federal investigators curred and take action to prevent something down. Every day we prolong raising the said Tuesday. like this from ever happening again,’’ he minimum wage, we ask families and Don Holmstrom, lead investigator with said. children to do more with less. It is a U.S. Chemical Safety and Hazard Investiga- The blast was the plant’s third accident in bankrupt policy. Instead of rolling tion Board, said an alarm within the a year, following a March 2004 explosion that back workplace protections or fooling isomerization unit—where the explosion oc- caused an evacuation. around the edges with that, we should curred—didn’t work properly until after the Mr. BISHOP of Utah. Mr. Speaker, I be increasing the minimum wage. explosions had begun. reserve the balance of my time. I urge my colleagues to vote against Holmstrom also said a sensor in a section Mr. HASTINGS of Florida. Mr. this misguided rule and move on some- of the raffinate splitter, which separates Speaker, I yield 21⁄2 minutes to the gen- thing more important, which is rein- chemicals for gasoline production, indicated tleman from Washington (Mr. the liquid level in the tower was decreasing vesting in America’s people. when it was instead flooding. Another alarm MCDERMOTT). JULY 5, 2005. that should have sounded when the liquid ex- Mr. MCDERMOTT. Mr. Speaker, I Hon. JIM MCDERMOTT, ceeded 10 feet high didn’t activate, ‘‘even as join my colleagues in rising in the de- House of Representatives, the liquid flooded more than 12 times that fense of America’s working poor. In- Washington, DC. height,’’ Holmstrom said. stead of weakening workplace safety MEMORANDUM: HISTORICAL RELATIONSHIP BE- Among the 15 people killed in the March 23 and not doing this today as the major- TWEEN THE MINIMUM WAGE AND POVERTY, explosion, seven were from Baytown or sur- ity intends to do, we ought to be 1959 TO 2005 rounding communities. This memorandum is in response to your They were: Jimmy Hunnings, 58, of Bay- strengthening the American family by raising the minimum wage. request about the historical relationship town; Morris Raymond ‘‘Monk’’ King, 57 of been the federal minimum wage and poverty Baytown; Susan Duhan Taylor, 33, of Bay- Mr. Speaker, I include for the from 1959 to 2005. In particular, you were in- town; Ralph Herrera Jr. 27, of Baytown; RECORD a report by the nonpartisan terested in the annual income a full-time, Larry Linsenbardt, 58 of Mont Belvieu; Ryan Congressional Research Service which full-year worker earning the minimum wage Rodriguez, 28, of Dayton; and Lorena ‘‘Lori’’ shows that minimum wage will be at would earn relative to the poverty level for Cruz, 32 of La Porte. the lowest value as a percentage of a family of three. BP spokesman Ronnie Chappell said the poverty in nearly half a century. Table 1 shows the effective annual min- federal safety board’s findings are similar to Mr. Speaker, it has been 8 years since imum wage from 1959 through 2005 for a full- the company’s own investigation completed time full-year worker, relative to the pov- in May. Congress has increased the minimum erty level for a three-person family. The The company blamed staff errors for the wage. In those 8 years, Members of table shows when statutory changes to the March 23 explosion and fire. Among the pro- Congress have raised their own pay federal minimum wage became effective. Av- cedural lapses company executives cited seven times by $28,500. erage effective minimum wage rates for the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15657 year were calculated based on the pro-rated poverty thresholds to reflect changes in to poverty in 1968, when it amounted to 118.7 average of effective wage rates over the prices, and the average weighted thresholds, percent of poverty for a full-time full-year course of the year. For example, in 1997, the to reflect changes in the composition of the worker supporting three people. Since 1980, minimum wage was $4.75 per hour for the population for families of each size. The esti- the minimum wage has been below the pov- first eight months of the year (January mate for 2004 is based on the Census Bureau’s erty line for a full-time full-year worker sup- through August), and $5.15 per hour for the preliminary average weighted poverty last four months of the year (September thresholds, which reflect price changes for porting a family of three. The most recent through December). The average effective 2004, but reflect the population weighting increase to the federal minimum wage to minimum wage for the year is thus: (($4.75 x from 2003, as opposed to 2004. The final aver- $5.15 per hour in September 1997 (from $4.75 8) + ($5.15 x 4))/12, or $4.8833 per hour. Here, age weighted poverty thresholds for 2004, per hour) brought full-time full-year min- full-time full-year work is assumed to scheduled for release this fall, may differ by imum wage earnings for a family of three up amount to 2,080 hours of work per year (40 a few dollars from those shown here. The to 82.4 percent of poverty. Since then, the hours per week x 52 weeks). projected poverty thresholds for 2005 are nominal minimum wage of $5.15 per hour has The poverty income level used here is the based on the 2004 preliminary weighted pov- eroded relative to the poverty level, which is U.S. Census Bureau’s average weighted poverty thresholds adjusted for average price in- erty thresholds for a family of three. The flation from January 2005 to May 2005, com- adjusted each year for changes in prices. In earliest year for which official Census Bu- pared to the same period in 2004, which 2005, full-time full-year earnings for a min- reau poverty income thresholds are available amounted to a 3.1 percent increase in the imum wage worker amounts to $10,712, or is 1959. Census Bureau poverty thresholds projected 2005 poverty thresholds, compared 68.9 percent of the estimated projected pov- vary by family size and composition (e.g., to the 2004 preliminary poverty thresholds. erty level for a family of three ($15,536). the poverty threshold for a family differs by The Census Bureau will issue preliminary Based on the assumptions used, it is pro- the number of children in the family). The poverty thresholds for 2005 in January 2006, jected that the level of the minimum wage average weighted thresholds reflect the aver- when price changes for the 2005 calendar year relative to poverty in 2005 will be at the low- age of the individual thresholds for a given will be available. Final weighted poverty est level seen at any time over the past 47 family size by the observed distribution of thresholds for 2005 won’t be available until families of varying composition in the popu- the fall of 2006. years. lation, as measured by the Census Bureau’s Figure 1 depicts the basic trends shown in TOM GABE, Specialist in Social Legislation, Current Population Survey (CPS). Each year the table. Table 1 and Figure 1 show that the Domestic Social Policy Division. the Census Bureau updates the individual federal minimum wage was highest relative

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15658 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 11 July 12, 2005

VerDate Nov 24 2008 08:42 May 07, 2009 Jkt 039102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR05\H12JY5.001 H12JY5 cprice-sewell on PROD1PC72 with BOUND RECORD Insert offset folio 314/2 here EH12JY05.001 July 12, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 11 15659

VerDate Nov 24 2008 08:42 May 07, 2009 Jkt 039102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR05\H12JY5.001 H12JY5 cprice-sewell on PROD1PC72 with BOUND RECORD Insert offset folio 314/3 here EH12JY05.002 15660 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Mr. BISHOP of Utah. Mr. Speaker, I and the need to provide for the Fair representing Palm Springs or maybe reserve the balance of my time. Minimum Wage Act, which would raise they are representing the Gold Coast in Mr. HASTINGS of Florida. Mr. the minimum wage to $7.25. In 60 days one of our great cities or maybe one of Speaker, I yield 21⁄2 minutes to the gen- after enactment, it would go to $5.85. the higher-priced areas in the city of tleman from Texas (Mr. DOGGETT). In 1 year it would go to $6.55. And in 1 Houston, does not have some person in Mr. DOGGETT. Mr. Speaker, today year after that, it would go to $7.25. that district that is suffering from a the minimum wage is at a level so low In the State of California that I rep- lack of a reasonable income and no that it represents only one-third of the resent, currently the minimum wage is health insurance. average hourly wage for American at $6.75, and I can tell the Members We know there are 44 million unin- workers as a whole. This represents the that sometime back our legislature at sured individuals in America, but we lowest level for a minimum wage since one point did not want to enact reform also know there are individuals who 1949. This is not a ‘‘living wage’’; it is in terms of providing minimum wage cannot afford to make ends meet be- not even a ‘‘minimum wage.’’ It is ac- increases; so we went directly to the cause of a lack of a minimum wage. We tually a ‘‘sub-minimum wage.’’ Today, voters. We passed an initiative back in come to the floor today to do some- American families need a minimum 1996 and were able to get support both thing that I think is unfortunate: one, wage increase because there is no max- from Republicans and from different to not pay attention to the need for an imum on gas prices at the pump. Amer- religious denominations, labor groups, increase in the minimum wage. But we ican families need a minimum wage in- and just about everybody. also dumbed down the safety require- crease because there is no maximum on They saw that it was reasonable to ments of America. Can one imagine an the cost of prescription drugs and a provide a minimum wage increase to accident, a tragedy occurs in their doctor’s visit. American families need those that deserve it the most; and we plant and their employer now does not a minimum wage increase because are talking particularly about women, have the responsibility of notifying there is no maximum on the cost of women who are in many cases the sole OSHA or the Department of Labor? getting a college education. earner, bread winner for their families, What an outrage, Mr. Speaker, because While the Bush administration sits families ranging anywhere from two to we in America believe that the Federal on its hands as gas prices, tuition ex- three children, trying to survive on a Government is there to provide the penses, housing, and health care costs minimum wage. necessary umbrella of safety, the um- go through the roof, it nails the lid Republicans joined us at that time, brella of security for Americans. shut on most hard-working Americans and I know that many would believe And yet we have legislation on the as to how much they can earn. that this is not a burden on them and floor that would extend or eliminate Administration friends, like Halli- it is something that should be provided the 15-day time frame in which they burton, get no-bid, billion-dollar, open- for all individuals. I can tell the Mem- are supposed to respond. It also takes ended contracts; but the administra- bers that right now there are millions, away the responsibility of the Depart- tion cannot spare an extra eight quar- 4.3 million, since President Bush took ment of Labor from overseeing OSHA ters and a dime for those Americans office, that are currently living in pov- and overseeing safety, overturning a that are doing some of the hardest and erty. Nearly 36 million people, 13 mil- Supreme Court decision. I cannot dirtiest work in our society. lion children. imagine, Mr. Speaker, that we would Republicans call debate on this issue Among the full-time year-round be here today after celebrating July 4, today ‘‘out of order.’’ I think it is real- workers, poverty has doubled since the home with our friends and family, ly our economy that is out of order, 1970s from about 1.3 million then to pledging our allegiance to the flag of when nurses who care for all of us can- more than 2.6 million. This is an unac- the United States and the values of not afford child care; when teachers’ ceptably low minimum wage that we America that we come back one day, aids cannot put their own children are currently faced with right now in one day after that recess where we through college; and when first re- our country, $5.15. Other States in the were suggesting the need for providing sponders, our police, fire fighters and Union have provided for more equi- for America and do this kind of legisla- EMT, cannot afford to live in the table, reasonable increases in the min- tion. neighborhoods that they help protect. imum wage. Why can the Federal Gov- I close on this: we have on the front Republicans have helped to make the ernment not do the same thing? Let us lines of Iraq young men and women richest richer than ever with one tax move on. Let us make this agenda one who have offered their lives. They will break after another and one special in- that empowers our working families come back here to take minimum wage terest piece of legislation after another and not just those college students jobs. What an outrage that these young going through this House. Corporate that are looking for jobs; but we are men and women, Reservists and Na- executives have seen their compensa- talking about retirees that are also tional Guard, are on the front line and tion skyrocket, and the latest eco- trying to supplement their income as now they cannot get an increase in the nomic studies show that the gap be- well. minimum wage because today we take tween rich and poor in this country ap- I urge my colleagues to support an away safety, but we do not provide for proaches Third World standards. increase in the minimum wage. an increase in the minimum wage. It is long past time for this Congress Mr. BISHOP of Utah. Mr. Speaker, I I ask my colleagues to vote ‘‘no’’ on today, right now, to raise the min- reserve the balance of my time. the previous question and also I ask imum wage for those workers who are Mr. HASTINGS of Florida. Mr. them to vote ‘‘no’’ on the underlying striving to climb up that economic lad- Speaker, I yield 2 minutes to the dis- legislation. der and share in the American Dream tinguished gentlewoman from Texas Mr. Speaker, I rise in opposition to the rule, like the rest of us. Let us vote in favor (Ms. JACKSON-LEE). H. Res. 351, to provide for consideration of of giving American workers and Amer- Ms. JACKSON-LEE of Texas. Mr. the four very contentious and overreaching ican families the minimum wage they Speaker, I thank the distinguished bills that amend the Occupational Safety and deserve and do it today. member of the Committee on Rules for Health Act (OSHA)—H.R. 739, H.R. 740, H.R. Mr. BISHOP of Utah. Mr. Speaker, I yielding me this time and also for his 741, and H.R. 742. I am utterly disappointed reserve the balance of my time. leadership. by the fact that the Committee on Rules has Mr. HASTINGS of Florida. Mr. Mr. Speaker, let me just say that I issued a closed rule on the debate over all Speaker, I yield 2 minutes to the gen- wish we were on the floor today actu- three bills. Furthermore, it is no mistake that tlewoman from California (Ms. SOLIS). ally passing a minimum wage bill. The the rule fails to make in order the amendment Ms. SOLIS. Mr. Speaker, I also rise reason why I say that is I do not be- offered by Reps. GEORGE MILLER and MAJOR to ask my colleagues to vote ‘‘no’’ on lieve there is one Member of Congress OWENS to increase the minimum wage. This the previous question so we can begin a in their district, no matter whether amendment is identical to the Minimum Wage discussion about the minimum wage they are representing Beverly Hills or bill that was introduced by Mr. MILLER that

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00097 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15661 would increase the minimum wage from $5.15 First, I heard several times that the There was no objection. per hour to $5.85 per hour 60 days after en- matter of the minimum wage is not Mr. HASTINGS of Florida. Mr. actment, up to $6.55 per hour one year after germane to the four measures included Speaker, I yield back the balance of the first increase, and $7.25 an hour one year in this one rule. The simple fact of the my time. from the second increase. matter is that an amendment was of- Mr. BISHOP of Utah. Mr. Speaker, I I oppose the underlying bills partly because fered at the Committee on Rules last yield myself such time as I may con- the relief granted have nothing to do with night and that amendment was voted sume. ‘‘small businesses’’ as their titles purport. down on a party-line vote. So at least Mr. Speaker, last term, when I was a Among other, they address a single situation a discussion during the period of the freshman here, having had some State by overturning a case out of the Second Cir- rule allows the germaneness of the legislative experience, I remember sit- cuit, Chao v. Russell P. Le Frois Builder, Inc. question having to do with the minting back there by the rail talking to (Second Circuit, May 10, 2002) to allow the imum wage, not so much of the sub- some other freshmen saying one of the employer to contest an OSHA citation with a stance of the base bill. things we need to do desperately in ridiculous amount of latitude. I will be asking Members to vote this body is have the rule that there In Houston, OSHA proposed fines of ‘‘no’’ on the previous question, Mr. should be one bill and one issue. If we $258,000 against the Pasadena Tank Cor- Speaker, so I can amend the rule and did that, it would create better trans- poration for an August 23, 2001 accident that allow the House to vote on the Miller- parency and actually better legislation killed a worker at a construction site. The Owens bill to increase the Federal min- that people would understand. I think our discussions today illus- company had 15 days in which to contest or imum wage. This amendment was of- trate that point. I have a great deal of pay the fines. The Houston-based firm re- fered in the Committee on Rules, as I empathy for the gentleman from Texas ceived a citation of six willful and serious safe- just said, last night, but was defeated who spoke a few moments ago, a good ty violations for failing to protect workers by on a straight party-line vote. friend, a good legislator, and he said, providing an inadequate fall protection system. My amendment to the rule would the bills we have before us would not The employee repairing a rooftop of a storage provide that immediately after the solve the problem that he introduced. tank fell 56 feet to the ground when the roof- House adopts this rule, it will bring He was totally accurate, because the top collapsed. An OSHA employee said of the H.R. 2429 to the House floor for an up- topic of his amendment is not the same situation, ‘‘The employer knew about the un- or-down vote. This bill will gradually as the topic of the bills we have before safe working conditions, but continued to increase the minimum wage for Ameri- us today, which is why they were ruled place workers at risk . . . A similar incident cans from the current level of $5.15 an nongermane and not put in on the rule happened two years ago when two employees hour to $7.25 an hour after about 2 itself. fell to their deaths from a storage tank. This years. I think we have had some fascinating company’s continued failure to protect its Mr. Speaker, it is time we in the words that I have enjoyed. I am going workers from falls is simply unacceptable.’’ House started helping American work- to call it fascinating rhetoric today, This failure to act when there is sufficient ers instead of taking away their rights not really debate, because like ships knowledge to mitigate an unsafe condition is as the four underlying bills in this rule passing in the night that never touch, what these bills will sanction and permit. do. I think one of the best things we so has our discussion from both sides of Our innocent employers should not be pun- can do to help working families is to the aisle gone forward, but never really ished from a piece of legislation that attacks increase the minimum wage. It has discussed the same topic at the same from the ‘‘back door’’ by weakening a proce- been nearly 10 years since this Con- particular time. dural standard that has been set in place to gress has voted to increase the min- The four bills we have before us are protect them. We should follow the motto, ‘‘if imum wage, an increase that was very narrow in their approach, and it isn’t broken, don’t fix it.’’ signed into law by President Clinton in they are very good bills, because they Mr. Chairman, I oppose the rule and the un- August of 1996. Since that time, the help small businessmen and small busi- derlying bills, and I strongly urge my col- value of that increase has eroded by 20 ness women to try and negotiate the leagues to do the same. percent. A full-time minimum wage rule process with OSHA. They deserve Mr. BISHOP of Utah. Mr. Speaker, I earner is working 40 hours a week, our support, as they deserve the sup- yield 2 minutes to the gentleman from makes about $10,700 annually, an port they got last year when they were Georgia (Mr. NORWOOD), subcommittee amount that is $5,000 below the poverty discussed in committee; last year when chairman. line for a family of three. we passed them with bipartisan sup- Mr. NORWOOD. Mr. Speaker, I thank Clearly we are way overdue for an- port on the floor; this year, once again, the gentleman for yielding me this other increase. Somehow we have had as they were discussed in committee, time. time to implement numerous tax because the goal of those bills is to Mr. Speaker, I think we all want to breaks for the wealthiest Americans, eliminate the conflict between the Fed- make sure that the record is clear. but we have turned our backs on those eral Government and small business Every court in this country allows for who work the hardest and are paid the and, instead, to enhance cooperation. some leeway other than 15 days, and least, those who struggle to make ends And that enhanced cooperation will that is simply all this bill actually is meet every day. make a better atmosphere for the busi- doing. We are trying to give these b 1315 ness community in America and make small business owners the same right a better country for all of us. That is as litigants in every Federal court in I think it is time this Congress devel- the point of these four very good, very the country. It is not very hard to fig- oped a conscience and started helping narrow and very specific bills. ure out, and it is not very hard to un- those who need help the most. I urge the Members to support this derstand why sometimes some people Mr. Speaker, I urge all Members of rule. It is a fair rule. I urge the Mem- might lose the letter they get from this body to vote ‘‘no’’ on the previous bers to support the four underlying OSHA. There are good reasons. And to question so we can help these 7.5 mil- bills. They are good bills. say to them, Oh, gosh, you did not lion American workers who directly Mr. LEVIN. Mr. Speaker, I rise in strong op- make 15 days? You do not get any jus- benefit from an increase in the min- position to the four bills the House is consid- tice. You do not get any day in court. imum wage. ering today. And I just want to put that in the Mr. Speaker, I ask unanimous con- There is a real disconnect between the record immediately following the present to insert the text of the amend- issues the American people say they want vious speaker so if anybody ever reads ment immediately prior to the vote on Congress to address, and the legislative agen- it, they might get all the facts. the previous question. da of the Majority Party that runs the House Mr. HASTINGS of Florida. Mr. The SPEAKER pro tempore (Mr. of Representatives. Three months ago, NBC Speaker, I yield myself such time as I FORBES). Is there objection to the re- News and the Wall Street Journal commis- may consume. quest of the gentleman from Florida? sioned a poll that asked Americans about the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15662 CONGRESSIONAL RECORD—HOUSE July 12, 2005 issues they felt were important for Congress to ‘‘OSHA reform’’ and vote against these de- encouraging employers to litigate citations be engaged on. The response was clear. The structive bills that erode worker protections. rather than correct health and safety hazards. number-one ranked issue that Americans want Mr. BACA. Mr. Speaker, I rise in opposition H.R. 740 is an attempt to stack the Occupa- Congress to deal is workplace health and to the previous question on the rule. We need tional Safety and Health Review Commission safety. A full eighty-four percent of those sur- to allow for Democratic amendments, namely with Republican nominees by expanding it veyed said they wanted Congress to spend one to increase the federal minimum wage. from three to five members (with the newest more time addressing this issue. While Republicans demand up or down members to be appointed by the Bush Admin- Americans are right to be concerned. Al- votes on controversial appointees, why are istration). The Commission has functioned with most 6,000 workers a year die due to acci- American families denied an up or down vote three members since its establishment in 1970 dents in the workplace. Tens of thousands on the Miller-Owens bill to raise the minimum and there has never been a demonstrated more die every year due to occupational ill- wage. The Miller-Owens bill would gradually need for additional commissioners. nesses. raise the minimum wage by $2.10—from H.R. 741 reduces the authority of the Sec- So what is the response of the Congres- $5.15 to $7.25 an hour. retary of Labor to issue citations. This bill sional leaders? Today they have brought four The minimum wage has been frozen at overturns a unanimous 1991 Supreme Court bills to the House Floor that weaken enforce- $5.15 since 1997. The inflation-adjusted min- decision in Martin v. OSHRC, which held that ment of workplace health and safety. Instead imum wage is 26 percent lower today than it the Labor Department should be given def- of addressing the need to improve health and was in 1979. If the minimum wage had just erence in interpreting worker safety laws. safety conditions on the job, these four bills kept pace with inflation since 1968 when it Finally, H.R. 742 would require OSHA to would undermine worker protections under the was $1.60 an hour, the minimum wage would pay attorneys’ fees and costs for certain em- Occupational Safety and Health Act. now be $8.88 an hour. ployers in any case in which OSHA did not Are the American people wrong in demand- The number of Americans in poverty has in- prevail, regardless of the reason why the ing that Congress strengthen workplace health creased by 4.3 million since President Bush agency did not prevail. OSHA would be re- and safety? It seems to me that the Congres- took office—and the minimum wage is part of quired to pay even if the agency was substan- sional leaders and the Majority Party are out the problem. Nearly 36 million Americans live tially justified in bringing the complaint which of touch with working Americans that they in poverty, including 13 million children. This is will have the effect of dissuading OSHA from continue to advance legislation that would take a travesty that must end. pursuing many legitimate claims. us in exactly the opposite direction. Increasing the minimum wage would help lift Mr. Speaker, since taking office in January I urge my colleagues to join me in opposing a half million workers rise out of poverty and 2001, the Bush Administration has turned its these workplace safety rollbacks. would not have any impact on jobs, employ- back on workers and workplace safety. The Mr. STARK. Mr. Speaker, I rise today in ment or inflation. In the four years after the Administration started its assault on worker strong opposition to the Republican attack on last minimum wage increase passed, the safety soon after taking office by repealing workplace health and safety represented by economy experienced its strongest growth in OSHA’s ergonomics standard. I view this the four bills offered today amending the Oc- over three decades. Nearly 11 million new week’s attempt to rollback worker safety regu- cupational Safety and Health Act. Once again jobs were added, at a pace of 232,000 per lations as another example of the Administra- in this Republican Congress, the lobbying month. There were ten million new service in- tion’s misguided priorities. power of big business takes precedence over dustry jobs, including more than one and a Mr. MORAN of Virginia. Mr. Speaker, I rise the well being of hard working Americans. half million retail jobs. in strong opposition to the four bills relating to Every year almost 6,000 workers in this Mr. Speaker, a fair increase in the minimum the Occupational Safety and Health Act that country die due to workplace accidents. That wage is long overdue, and I urge my col- the House of Representatives is scheduled to number will surely rise if the Republicans are leagues to defeat the previous question so we consider today. While these measures purport successful in passing these four bills. I could can vote on the Miller-Owens minimum wage to protect the safety and health protections of understand if Congress wanted to attack sup- bill. millions of American workers, in reality, they posedly overbearing OSHA regulations, but Mr. HONDA. Mr. Speaker, I rise today to will do nothing of the kind, and will instead un- this legislative package makes it harder for oppose efforts to pass legislation that will dermine existing workplace health and safety OSHA to enforce even the most non-con- harm the American worker. Republicans are laws. troversial workplace safety regulations. Repub- again bringing forward bills that would rollback The statistics on workplace safety is fright- licans have no interest in actually reforming worker safety regulations under the jurisdiction ening. It is estimated that nearly 4.7 million OSHA, they merely want another notch on the of the Occupational Safety and Health Admin- workers are injured and almost 6,000 workers bedpost to attract more campaign contribu- istration (OSHA). All four of the bills being die due to workplace accidents each year. tions from big business. voted on today passed the House in the 108th Thanks to the Occupational Safety and Health In post 9/11 America, strong enforcement of Congress, but the Senate very reasonably did Act, workplace safety and health conditions OSHA regulations can save lives. In the unfor- not even hold mark-ups on these bills. have improved, though there are still great tunate event of another terrorist attack, it is The four bills are coming up notwithstanding strides to be made, and this is the time for OSHA who ensures clear ingress and egress the fact that we are at a point in time when OSHA regulations and requirements to be from buildings, and proper size and placement workplace safety remains a critical national strengthened, not weakened. On an average of stairwells and exits to facilitate emergency problem. Almost 6,000 workers a year die due day, 152 workers lose their lives as a result of evacuations. The bills before us undermine to workplace accidents and another estimated workplace injuries and diseases, and another OSHA’s ability to effectively enforce these vital 50,000 to 60,000 die every year due to occu- 12,877 are injured. safety standards. Once again, the misguided pational illnesses. Sadly, the bills on floor These measures do not address the fact priorities of the Republicans and the Bush Ad- today will endanger the lives of even more that workers are still losing their lives due to ministration seem more concerned about cor- workers by: making it easier for employers to unsafe working conditions. Instead these bills porate profits than the safety of our workers. challenge OSHA citations, unnecessarily ex- punish the very workers the authors of these Even more shameful, is the message these panding the OSHA Review Commission, un- measures claim they are trying to protect. By bills send about the true Republican agenda dermining the enforcement authority of the allowing employers to challenge OSHA cita- for labor rights. For over a year, Republicans Secretary of Labor, and punishing OSHA for tions, they will undermine the Occupational in Congress have been talking about how the substantially justified enforcement actions if Safety and Health Act’s enforcement policies Central America Free Trade Agreement the agency does not completely prevail. by penalizing the agency when it attempts to (CAFTA) improves working conditions in other More specifically, H.R. 739 rolls back enforce the OSHA law and does so unsuc- countries. Not only is that contention blatantly OSHA’s ability to enforce the law. One of the cessfully. false, it is clear from this legislation that Re- principle purposes of the Occupational Safety H.R. 742 would require OSHA to pay attor- publicans don’t care about working conditions and Health Act is ‘‘to assure so far as possible neys’ fees and costs for employers with 100 or in this country, let alone in Central America. every working man and woman in the nation, less employees and a net worth of $7 million We should not undermine worker health and safe and healthful working conditions.’’ This or less in any administrative or judicial pro- safety for the benefit of big business. I urge bill would have the effect of delaying the time- ceeding in which OSHA does not prevail. my colleagues to look past the rhetoric of ly abatement of unsafe working conditions, by While OSHA is already required by law to pay

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15663 attorneys’ fees and costs in any proceeding in 740, 741 and 742 in order to ensure the con- address, but the bills we are considering which the agency’s charge is not substantially tinued health and safety of America’s workers. merely serve to undercut the government’s justified, H.R. 742 goes beyond that, because We are here today to talk about improving ability to enforce workplace safety guidelines. now OSHA will be hesitant to cite employees the lives of America’s workers, but the quartet It is shameful that in the same breath the Re- for violations of the OSHA unless there is ab- of bills before us would only serve to further publican leadership advocates reducing work- solute certainty that they will prevail in a court endanger them. Together these bills represent er safety and refuses to even permit a vote on of law. If OSHA, the federal agency that is a one-sided rollback of the workplace health raising the minimum wage. tasked with enforcing the law, is hesitant to and safety standards established by the Occu- We truly have a choice today—an oppor- raise awareness to a meritorious workplace pational Safety and Health Administration tunity to actually improve the lives of Amer- safety issue because they might not win, the (OSHA) and would lead to increases in work- ica’s workers, those who propel our economy true losers in this case are the American workplace injury, illness and quite possibly death. forward—we should not overlook this. I urge ers. Employees have no private right of action For our nation’s workers, this is a matter of my colleagues to vote no on the previous under OSHA and depend on the Occupational life and death—by the end of today, 15 work- question to support real help for America’s Safety and Health Administration to address ers will have died and 12,000 will have sus- workers. their concerns and remedy violations of the tained an injury or illness because of work- The amendment previously referred law. place incidents. Congress should be making to by Mr. HASTINGS of Florida is as fol- H.R. 742 also purports to help ‘‘small busi- law to improve workplace safety. And while lows: this seems to be the view of the vast majority nesses’’ recover the cost of attorney’s fees, PREVIOUS QUESTION ON H. RES. 351, THE RULE but in fact, this bill would apply to the majority of the country, my colleagues on the other PROVIDING FOR CONSIDERATION OF FOUR of private sector workplaces. It is widely side of the aisle have put forth legislation OSHA BILLS H.R. 739, H.R. 740, H.R. 741, known that across all industries, businesses today that does exactly the opposite. H.R. 742 with fewer than 100 employees have a higher This legislation will undercut the ability of At the end of the resolution add the fol- rate of fatal occupational injuries than do busi- OSHA to enforce its own rules and actually lowing new section: nesses with 100 or more workers, which typi- creates a legal loophole, which will allow busi- ‘‘SEC. ll. Immediately upon the adoption cally have better workplace safety standards nesses to stall and avoid addressing a safety of this resolution it shall be in order without in place. It is troubling that this Congress is at- violation. Adding insult to injury, the legislation intervention of any point of order to con- tempting to rollback the few safety and health allows President Bush to stack the Occupa- sider in the House the bill (H.R. 2429) to workplace regulations that are currently in tional Safety and Health Review Commission, amend the Fair Labor Standards Act of 1938 the body responsible for OSHA appeals, with to provide for an increase in the Federal place, instead of strengthening OSHA stand- minimum wage. The bill shall be considered ards in order to save the lives of American Republican appointees subservient to busi- as read for amendment. The previous ques- workers. ness interests. Inexplicably, one measure action shall be considered as ordered on the I urge all my colleagues to vote against tually punishes OSHA for attempting to en- bill to final passage without intervening mo- these measures and protect the rights of force its own workplace safety standards. tion except: (1) 60 minutes of debate equally American workers and their families who de- While the Congressional Budget Office esti- divided and controlled by the chairman and serve a decent, safe and healthy workplace. mates the cost of the bill, it is unable to esti- ranking minority member of the Committee Mr. EVANS. Mr. Speaker, I rise to oppose mate the cost to America’s workers . . . the on Education and the Workforce; and (2) one the rule and to discuss my concerns with the lives lost or the injuries sustained as a result motion to recommit with or without instruc- current efforts to reform the Occupational of this misguided legislation. Republicans tions.’’ Health and Safety Act through the four bills argue that this legislation will help all busi- Mr. BISHOP of Utah. Mr. Speaker, I before us today. nesses. The small businesses that I know yield back the balance of my time, and As my colleagues know, the Occupational would benefit far more from having safe and I move the previous question on the Safety and Health Act of 1970 created OSHA healthy workers than from having a law that resolution. to protect American workers while they are at encourages more dangerous work environ- The SPEAKER pro tempore. The their workplaces. Since then, workplace fatali- ments. In fact, Liberty Mutual, the largest question is on ordering the previous ties have been cut in half and occupational in- workers’ compensation insurance company, question. jury and illness rates have declined 40 per- estimates that the direct cost of occupational The question was taken; and the cent. This record of protection is commend- injuries and illnesses is $1 billion a week. Speaker pro tempore announced that able, but nearly 6,000 workers a year die due Considering these massive costs, we should the ayes appeared to have it. to workplace accidents. We need to continue be strengthening workplace safety standards, Mr. HASTINGS of Florida. Mr. to work to prevent the needless loss of life. not undercutting them. Speaker, I object to the vote on the Reforming OSHA oversight and procedures to But Congress has a choice today. We actu- grounds that a quorum is not present the disadvantage of workers will not do that. ally have the opportunity to do something that and make the point of order that a I am deeply concerned that H.R. 739, 740, would benefit workers. My distinguished col- quorum is not present. 741, and 742 will do nothing to protect work- league, GEORGE MILLER, the Ranking Member The SPEAKER pro tempore. Evi- ers who are dependent on OSHA to ensure of the Education and Workforce Committee, dently, a quorum is not present. their safety. Instead, these bills will open up has offered a bill that rather than attacking The Sergeant at Arms will notify ab- OSHA to increased challenges to citations, OSHA, would instead raise the minimum wage sent Members. subject the OSHA Review Commission to po- from $5.15 to $7.25 an hour. This would allow Pursuant to clause 8 and clause 9 of litical tampering, undermine the enforcement workers to better meet the basic challenges rule XX, this 15-minute vote on order- authority of the Secretary of Labor, and punish they face everyday like paying rent, putting ing the previous question on House OSHA for justified enforcement actions if the food on the table and getting access to health Resolution 351 will be followed by 5- agency does not completely prevail. None of care. minute votes on House Resolution 351, these measures will improve the safety of the It is truly a statement of this nation’s prior- if ordered; a motion to suspend the workplace. ities that an individual who is working at a rules on House Resolution 352, by the American workers deserve to know that minimum wage job, lives below the poverty yeas and nays; and a motion to suspend when they go to the workplace they will be line. Barbara Ehrenreich, a New York Times the rules on House Resolution 343, by protected from work-related harm. I believe reporter, tried to do so—moving from Florida the yeas and nays. that OSHA is essential to maintaining the high to Maine to Minnesota, she worked as a wait- The vote was taken by electronic de- level of safety and productivity that America’s ress, a hotel maid, a cleaning woman, a nurs- vice, and there were—yeas 223, nays workers currently enjoy and these measures ing home aide, and a Wal-Mart sales clerk. 191, not voting 19, as follows: will prevent improvements to the system. I What she learned and shared in her book, ap- urge my colleagues to vote against these bla- propriately titled, ‘‘Nickel and Dimed: On (Not) [Roll No. 365] tantly anti-worker pieces of legislation and Getting by in America,’’ was that one job is not YEAS—223 against the rule. enough, especially if you want to live inside. Aderholt Bachus Bartlett (MD) Ms. MATSUI. Mr. Speaker, I rise today to This is the real challenge that Americans Akin Baker Barton (TX) Alexander Barrett (SC) Bass urge my colleagues to vote down H.R. 739, are facing and Congress should be seeking to

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15664 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Beauprez Goodlatte Osborne Grijalva McDermott Sa´ nchez, Linda The SPEAKER pro tempore. This Biggert Granger Otter Gutierrez McGovern T. Bilirakis Graves Oxley Harman McIntyre Sanchez, Loretta will be a 5-minute vote. Bishop (UT) Green (WI) Paul Hastings (FL) McKinney Sanders The vote was taken by electronic de- Blackburn Gutknecht Pearce Herseth McNulty Schakowsky Blunt Hall Pence Higgins Meehan Schiff vice, and there were—ayes 224, noes 189, Boehlert Harris Peterson (PA) Hinchey Meek (FL) Schwartz (PA) not voting 20, as follows: Boehner Hart Petri Holden Meeks (NY) Scott (GA) Bonilla Hastings (WA) Pickering Holt Melancon Scott (VA) [Roll No. 366] Bonner Hayes Pitts Honda Menendez Serrano Bono Hayworth Platts Hooley Michaud Shays AYES—224 Boozman Hefley Poe Hoyer Millender- Sherman Aderholt Gerlach Northup Boustany Hensarling Porter Inslee McDonald Skelton Akin Gibbons Norwood Bradley (NH) Herger Price (GA) Israel Miller (NC) Slaughter Alexander Gilchrest Nunes Brady (TX) Hobson Pryce (OH) Jackson (IL) Miller, George Smith (WA) Bachus Gillmor Nussle Brown (SC) Hoekstra Putnam Jackson-Lee Mollohan Snyder Baker Gingrey Osborne Brown-Waite, Hostettler Radanovich (TX) Moore (KS) Solis Barrett (SC) Gohmert Otter Jefferson Moore (WI) Ginny Hulshof Ramstad Spratt Bartlett (MD) Goode Oxley Johnson, E. B. Moran (VA) Stark Burgess Hunter Regula Barton (TX) Goodlatte Paul Kanjorski Murtha Strickland Burton (IN) Hyde Rehberg Bass Granger Pearce Kaptur Nadler Stupak Buyer Inglis (SC) Reichert Beauprez Graves Pence Kennedy (RI) Napolitano Tanner Calvert Issa Renzi Biggert Green (WI) Peterson (PA) Kildee Neal (MA) Tauscher Camp Istook Reynolds Bilirakis Gutknecht Petri Kilpatrick (MI) Oberstar Taylor (MS) Cannon Jenkins Rogers (AL) Bishop (UT) Hall Pickering Cantor Jindal Rogers (KY) Kind Olver Thompson (CA) Blackburn Harris Kucinich Owens Thompson (MS) Pitts Capito Johnson (CT) Rogers (MI) Blunt Hart Platts Langevin Pallone Tierney Boehlert Hastings (WA) Carter Johnson (IL) Rohrabacher Porter Lantos Pascrell Towns Boehner Hayes Castle Johnson, Sam Ros-Lehtinen Pryce (OH) Larsen (WA) Pastor Udall (CO) Bonilla Hayworth Chabot Jones (NC) Rothman Putnam Chocola Keller Royce Larson (CT) Payne Udall (NM) Bonner Hefley Radanovich Coble Kelly Ryan (WI) Lee Pelosi Van Hollen Bono Hensarling ´ Ramstad Cole (OK) Kennedy (MN) Ryun (KS) Levin Peterson (MN) Velazquez Boozman Herger Regula Conaway King (IA) Saxton Lewis (GA) Pomeroy Visclosky Boustany Hobson Rehberg Cox King (NY) Schwarz (MI) Lipinski Price (NC) Wasserman Bradley (NH) Hoekstra Reichert Crenshaw Kingston Sensenbrenner Lofgren, Zoe Rahall Schultz Brady (TX) Hostettler Cubin Kirk Sessions Lowey Rangel Waters Brown (SC) Hulshof Renzi Culberson Kline Shaw Lynch Reyes Watson Brown-Waite, Hunter Reynolds Cunningham Knollenberg Sherwood Maloney Ross Watt Ginny Hyde Rogers (AL) Davis (KY) Kolbe Shimkus Markey Roybal-Allard Waxman Burgess Inglis (SC) Rogers (KY) Davis, Jo Ann Kuhl (NY) Shuster Marshall Ruppersberger Weiner Burton (IN) Issa Rogers (MI) Davis, Tom LaHood Simmons Matheson Rush Wexler Buyer Istook Rohrabacher Deal (GA) Latham Simpson Matsui Ryan (OH) Woolsey Calvert Jenkins Ros-Lehtinen Dent LaTourette Smith (NJ) McCarthy Sabo Wu Camp Jindal Royce Diaz-Balart, L. Leach Smith (TX) McCollum (MN) Salazar Wynn Cannon Johnson (CT) Ryan (WI) Diaz-Balart, M. Lewis (CA) Sodrel NOT VOTING—19 Cantor Johnson (IL) Ryun (KS) Doolittle Lewis (KY) Souder Capito Johnson, Sam Saxton Drake Linder Stearns Abercrombie DeLay Myrick Carter Jones (NC) Schwarz (MI) Dreier LoBiondo Sullivan Berman Ehlers Obey Castle Keller Sensenbrenner Duncan Lucas Sweeney Brown, Corrine Gonzalez Ortiz Chabot Kelly Sessions Emerson Lungren, Daniel Tancredo Carson Hinojosa Pombo Chocola Kennedy (MN) Shaw English (PA) E. Taylor (NC) Clay Jones (OH) Shadegg Coble King (IA) Shays Everett Mack Terry Conyers Marchant Cole (OK) King (NY) Sherwood Feeney Manzullo Thomas Delahunt Miller (FL) Conaway Kingston Shimkus Ferguson McCaul (TX) Thornberry b 1339 Cox Kirk Shuster Fitzpatrick (PA) McCotter Tiahrt Crenshaw Kline Simmons Flake McCrery Tiberi Mr. SCOTT of Georgia, Mrs. NAPOLI- Cubin Knollenberg Simpson Foley McHenry Turner TANO and Mrs. LOWEY changed their Culberson Kolbe Smith (NJ) Forbes McHugh Upton Cunningham Kuhl (NY) vote from ‘‘yea’’ to ‘‘nay.’’ Smith (TX) Fortenberry McKeon Walden (OR) Davis (KY) LaHood Sodrel Fossella McMorris Walsh So the previous question was ordered. Davis, Jo Ann Latham Souder Foxx Mica Wamp The result of the vote was announced Davis, Tom LaTourette Stearns Franks (AZ) Miller (MI) Weldon (FL) Deal (GA) Leach Sullivan as above recorded. DeLay Lewis (CA) Frelinghuysen Miller, Gary Weldon (PA) Sweeney Stated for: Dent Lewis (KY) Gallegly Moran (KS) Weller Tancredo Diaz-Balart, L. Linder Garrett (NJ) Murphy Westmoreland Mr. EHLERS. Mr. Speaker, on rollcall No. Taylor (NC) Gerlach Musgrave Whitfield Diaz-Balart, M. LoBiondo 365 I was on the floor and voted, but for some Terry Gibbons Neugebauer Wicker Doolittle Lucas Thomas Gilchrest Ney Wilson (NM) reason the vote was not recorded by the elec- Drake Lungren, Daniel Thornberry Gillmor Northup Wilson (SC) tronic system. Dreier E. Tiahrt Gingrey Norwood Wolf Duncan Mack Had the vote been recorded, I would have Tiberi Gohmert Nunes Young (AK) voted ‘‘yea.’’ Ehlers Manzullo Goode Nussle Young (FL) Emerson Marchant Turner Stated against: English (PA) McCaul (TX) Upton NAYS—191 Mr. ROTHMAN. Mr. Speaker, on rollcall No. Everett McCotter Walden (OR) 365, I inadvertently voted ‘‘yea,’’ when I in- Feeney McCrery Walsh Ackerman Capps DeFazio Wamp tended to vote ‘‘nay.’’ Ferguson McHenry Allen Capuano DeGette Fitzpatrick (PA) McHugh Weldon (FL) Andrews Cardin DeLauro Ms. CARSON. Mr. Speaker, due to a pre- Flake McKeon Weldon (PA) Baca Cardoza Dicks viously scheduled speaking engagement, I Foley McMorris Weller Baird Carnahan Dingell was unavoidably delayed during rollcall vote Forbes Mica Westmoreland Baldwin Case Doggett Fortenberry Miller (MI) Whitfield Barrow Chandler Doyle No. 365. Had I been present I would have Fossella Miller, Gary Wicker Bean Cleaver Edwards voted ‘‘nay.’’ Foxx Moran (KS) Wilson (NM) Becerra Clyburn Emanuel The SPEAKER pro tempore (Mr. Franks (AZ) Murphy Wilson (SC) Berkley Cooper Engel FORBES). The question is on the resolu- Frelinghuysen Musgrave Wolf Berry Costa Eshoo Gallegly Neugebauer Young (AK) Bishop (GA) Costello Etheridge tion. Garrett (NJ) Ney Young (FL) Bishop (NY) Cramer Evans The question was taken; and the Blumenauer Crowley Farr Speaker pro tempore announced that NOES—189 Boren Cuellar Fattah Boswell Cummings Filner the ayes appeared to have it. Ackerman Barrow Bishop (NY) Boucher Davis (AL) Ford RECORDED VOTE Allen Bean Blumenauer Boyd Davis (CA) Frank (MA) Ms. SLAUGHTER. Mr. Speaker, I de- Andrews Becerra Boren Brady (PA) Davis (FL) Gordon Baca Berkley Boswell Brown (OH) Davis (IL) Green, Al mand a recorded vote. Baird Berry Boucher Butterfield Davis (TN) Green, Gene A recorded vote was ordered. Baldwin Bishop (GA) Boyd

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15665 Brady (PA) Jackson (IL) Pelosi PROVIDING THAT THE HOUSE OF Rogers (MI) Skelton Upton Brown (OH) Jackson-Lee Peterson (MN) REPRESENTATIVES WILL FOCUS Rohrabacher Smith (NJ) Walden (OR) Butterfield (TX) Pomeroy Ros-Lehtinen Smith (TX) Walsh Capps Jefferson Price (NC) ON REMOVING BARRIERS TO Royce Sodrel Wamp Capuano Johnson, E. B. Rahall COMPETITIVENESS OF THE Ryan (WI) Souder Wasserman Cardin Kanjorski Rangel UNITED STATES ECONOMY Ryun (KS) Stearns Schultz Cardoza Kaptur Reyes Sanchez, Loretta Sullivan Weldon (FL) Carnahan Kildee Ross The SPEAKER pro tempore (Mr. Saxton Sweeney Weldon (PA) Schwarz (MI) Tancredo Carson Kilpatrick (MI) Rothman FORBES). The pending business is the Weller Sensenbrenner Tanner Case Kind Roybal-Allard Westmoreland question of suspending the rules and Sessions Taylor (MS) Chandler Kucinich Ruppersberger Whitfield agreeing to the resolution, H. Res. 352. Shaw Taylor (NC) Cleaver Langevin Rush The Clerk read the title of the resolu- Shays Terry Wicker Clyburn Lantos Ryan (OH) Sherwood Thomas Wilson (NM) Cooper Larsen (WA) Sabo tion. Shimkus Thornberry Wilson (SC) Costa Larson (CT) Salazar The SPEAKER pro tempore. The Shuster Tiahrt Wolf Costello Lee Sa´ nchez, Linda question is on the motion offered by Simmons Tiberi Young (AK) Cramer Levin T. the gentleman from Louisiana (Mr. Simpson Turner Young (FL) Crowley Lewis (GA) Sanchez, Loretta Cuellar Lipinski Sanders BOUSTANY) that the House suspend the NAYS—177 Cummings Lofgren, Zoe Schakowsky rules and agree to the resolution, H. Ackerman Gutierrez Neal (MA) Davis (AL) Lowey Schiff Res. 352, on which the yeas and nays Allen Harman Oberstar Davis (CA) Lynch Schwartz (PA) are ordered. Andrews Hastings (FL) Olver Davis (FL) Maloney Scott (GA) Baca Herseth Owens Davis (IL) Markey Scott (VA) This will be a 5-minute vote. Baird Higgins Pallone Davis (TN) Marshall Serrano The vote was taken by electronic de- Baldwin Hinchey Pascrell DeFazio Matheson Sherman vice, and there were—yeas 242, nays Becerra Holt Pastor DeGette Matsui Skelton 177, not voting 14, as follows: Berkley Honda Payne DeLauro McCarthy Slaughter Berman Hooley Pelosi [Roll No. 367] Berry Hoyer Peterson (MN) Dicks McCollum (MN) Smith (WA) Bishop (GA) Inslee Pomeroy Dingell McDermott Snyder YEAS—242 Bishop (NY) Israel Price (NC) Doggett McGovern Solis Aderholt Dreier Kolbe Blumenauer Jackson (IL) Rahall Doyle McIntyre Spratt Akin Duncan Kuhl (NY) Boswell Jackson-Lee Rangel Edwards McKinney Stark Alexander Ehlers LaHood Boucher (TX) Reyes Emanuel McNulty Strickland Bachus Emerson Latham Boyd Jefferson Ross Engel Meehan Stupak Baker English (PA) LaTourette Brady (PA) Johnson, E. B. Rothman Eshoo Meek (FL) Tanner Barrett (SC) Everett Leach Brown (OH) Kanjorski Roybal-Allard Etheridge Meeks (NY) Tauscher Barrow Feeney Lewis (CA) Butterfield Kaptur Ruppersberger Evans Melancon Taylor (MS) Bartlett (MD) Ferguson Lewis (KY) Capps Kennedy (RI) Rush Farr Menendez Thompson (CA) Barton (TX) Fitzpatrick (PA) Linder Capuano Kildee Ryan (OH) Fattah Michaud Thompson (MS) Bass Flake Lipinski Cardin Kilpatrick (MI) Sabo Filner Millender- Tierney Bean Foley LoBiondo Cardoza Kind Salazar Ford McDonald Towns Beauprez Forbes Lucas Carnahan Kucinich Sa´ nchez, Linda Gordon Miller (NC) Udall (CO) Biggert Fortenberry Lungren, Daniel Carson Langevin T. Bilirakis Fossella E. Green, Al Miller, George Udall (NM) Cleaver Lantos Sanders Bishop (UT) Foxx Mack Green, Gene Mollohan Van Hollen Clyburn Larsen (WA) Schakowsky Blackburn Franks (AZ) Manzullo Grijalva Moore (KS) Vela´ zquez Cooper Larson (CT) Schiff Blunt Frelinghuysen Marchant Costa Lee Schwartz (PA) Gutierrez Moore (WI) Visclosky Boehlert Gallegly Marshall Costello Levin Scott (GA) Harman Moran (VA) Wasserman Boehner Garrett (NJ) Matheson Crowley Lewis (GA) Scott (VA) Hastings (FL) Murtha Schultz Bonilla Gerlach McCaul (TX) Cummings Lofgren, Zoe Serrano Herseth Nadler Waters Bonner Gibbons McCotter Davis (AL) Lowey Sherman Higgins Napolitano Watson Bono Gilchrest McCrery Davis (CA) Lynch Slaughter Hinchey Neal (MA) Waxman Boozman Gillmor McHenry Davis (FL) Maloney Smith (WA) Holden Oberstar Weiner Boren Gingrey McHugh Davis (IL) Markey Snyder Holt Olver Wexler Boustany Gohmert McKeon Davis (TN) Matsui Solis Honda Owens Woolsey Bradley (NH) Goode McMorris DeFazio McCarthy Spratt Hooley Pallone Wu Brady (TX) Goodlatte Melancon DeGette McCollum (MN) Stark Hoyer Pascrell Wynn Brown (SC) Granger Mica Delahunt McDermott Strickland Inslee Pastor Brown-Waite, Graves Miller (MI) DeLauro McGovern Stupak Israel Payne Ginny Green (WI) Miller, Gary Dicks McIntyre Tauscher Burgess Gutknecht Moran (KS) Dingell McKinney Thompson (CA) NOT VOTING—20 Burton (IN) Hall Murphy Doggett McNulty Thompson (MS) Buyer Harris Musgrave Doyle Meehan Tierney Abercrombie Gonzalez Ortiz Calvert Hart Neugebauer Edwards Meek (FL) Towns Berman Hinojosa Poe Camp Hastings (WA) Ney Emanuel Meeks (NY) Udall (CO) Brown, Corrine Jones (OH) Pombo Cannon Hayes Northup Engel Menendez Udall (NM) Clay Kennedy (RI) Price (GA) Cantor Hayworth Norwood Eshoo Michaud Van Hollen Conyers Miller (FL) Shadegg Capito Hefley Nunes Etheridge Millender- Vela´ zquez Delahunt Myrick Watt Carter Hensarling Nussle Evans McDonald Visclosky Frank (MA) Obey Case Herger Osborne Farr Miller (NC) Waters Castle Hobson Otter Fattah Miller, George Watson Chabot Hoekstra Oxley Filner Mollohan Watt b 1347 Chandler Holden Paul Ford Moore (KS) Waxman Chocola Hostettler Pearce Frank (MA) Moore (WI) Weiner So the resolution was agreed to. Coble Hulshof Pence Gordon Moran (VA) Wexler Cole (OK) Hunter Peterson (PA) Green, Al Murtha Woolsey The result of the vote was announced Conaway Hyde Petri Green, Gene Nadler Wu Cox Inglis (SC) Pickering Grijalva Napolitano Wynn as above recorded. Cramer Issa Pitts A motion to reconsider was laid on Crenshaw Istook Platts NOT VOTING—14 Cubin Jenkins Poe the table. Abercrombie Hinojosa Obey Cuellar Jindal Porter Brown, Corrine Johnson (IL) Ortiz Stated against: Culberson Johnson (CT) Price (GA) Clay Jones (OH) Pombo Cunningham Johnson, Sam Pryce (OH) Conyers Miller (FL) Shadegg Mr. KENNEDY of Rhode Island. Mr. Speak- Davis (KY) Jones (NC) Putnam Gonzalez Myrick er, on the evening of July 12, I missed one Davis, Jo Ann Keller Radanovich Davis, Tom Kelly Ramstad b 1356 rollcall vote. It was my intention to vote ‘‘no’’ Deal (GA) Kennedy (MN) Regula So (two-thirds not having voted in on rollcall 366 for H. Res. 351, Rule providing DeLay King (IA) Rehberg Dent King (NY) Reichert favor thereof) the motion was rejected. for consideration of H.R. 739, H.R. 740, H.R. Diaz-Balart, L. Kingston Renzi The result of the vote was announced 741, and H.R. 742. Diaz-Balart, M. Kirk Reynolds Doolittle Kline Rogers (AL) as above recorded. Drake Knollenberg Rogers (KY) Stated for:

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15666 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Mr. JOHNSON of Illinois. Mr. Speaker, on Franks (AZ) Lofgren, Zoe Rogers (KY) Wolf Wu Young (AK) Frelinghuysen Lowey Rogers (MI) Woolsey Wynn Young (FL) rollcall No. 367 I was unavoidably detained. Gallegly Lucas Rohrabacher Had I been present, I would have voted ‘‘yea.’’ Garrett (NJ) Lungren, Daniel Ros-Lehtinen NOT VOTING—13 Gerlach E. Ross Abercrombie Hinojosa Ortiz f Gibbons Lynch Rothman Brown, Corrine Jones (OH) Pombo Gilchrest Mack Roybal-Allard Clay Miller (FL) Shadegg PERSONAL EXPLANATION Gillmor Maloney Royce Conyers Myrick Gingrey Manzullo Mr. HINOJOSA. Mr. Speaker, I was delayed Ruppersberger Gonzalez Obey Gohmert Marchant Rush Goode Markey in my district attending a very important Base Ryan (OH) b 1403 Goodlatte Marshall Realignment and Closure Commission hearing Ryan (WI) Gordon Matheson So (two-thirds having voted in favor Ryun (KS) of critical importance to my constituents. Had Granger Matsui Sabo thereof) the rules were suspended and I been here, I would have voted ‘‘yes’’ on roll- Graves McCarthy the resolution was agreed to. calls 363, 364, 368 and ‘‘no’’ on rollcalls 365, Green (WI) McCaul (TX) Salazar Sa´ nchez, Linda The result of the vote was announced 366 and 367. Green, Al McCollum (MN) Green, Gene McCotter T. as above recorded. Sanchez, Loretta f Grijalva McCrery A motion to reconsider was laid on Gutierrez McDermott Sanders Saxton the table. COMMENDING THE STATE OF KU- Gutknecht McGovern Hall McHenry Schakowsky f WAIT FOR GRANTING WOMEN Harman McHugh Schiff CERTAIN IMPORTANT POLITICAL Harris McIntyre Schwartz (PA) PERSONAL EXPLANATION RIGHTS Hart McKeon Schwarz (MI) Hastings (FL) McKinney Scott (GA) Mr. GONZALEZ. Mr. Speaker, on rollcall The SPEAKER pro tempore. The un- Hastings (WA) McMorris Scott (VA) Nos. 363, 364, 365, 366, 367, and 368, had finished business is the question of sus- Hayes McNulty Sensenbrenner I been present, I would have voted ‘‘yes’’ on Hayworth Meehan Serrano pending the rules and agreeing to the Hefley Meek (FL) Sessions 363, 364, and 368, and ‘‘no’’ on 365, 366 and resolution, H. Res. 343. Hensarling Meeks (NY) Shaw 367. Herger Melancon The Clerk read the title of the resolu- Shays f Herseth Menendez Sherman tion. Higgins Mica The SPEAKER pro tempore. The Sherwood PERSONAL EXPLANATION Hinchey Michaud Shimkus question is on the motion offered by Hobson Millender- Shuster Mr. ORTIZ. Mr. Speaker, due to important the gentleman from New Jersey (Mr. Hoekstra McDonald Simmons Holden Miller (MI) business in my district, I was unable to vote Simpson SMITH) that the House suspend the Holt Miller (NC) during the following rollcall votes. Had I been Skelton rules and agree to the resolution, H. Honda Miller, Gary Slaughter present, I would have voted as indicated: Hooley Miller, George Res. 343, on which the yeas and nays Smith (NJ) Hostettler Mollohan Rollcall vote No. 363—‘‘yes’’; rollcall vote Smith (TX) are ordered. Hoyer Moore (KS) No. 364—‘‘yes’’; rollcall vote No. 365—‘‘no’’; This will be a 5-minute vote. Hulshof Moore (WI) Smith (WA) rollcall vote No. 366—‘‘no’’; rollcall vote No. The vote was taken by electronic de- Hunter Moran (KS) Snyder Sodrel 367—‘‘no’’, and rollcall vote No. 368—‘‘yes.’’ vice, and there were—yeas 420, nays 0, Hyde Moran (VA) Inglis (SC) Murphy Solis f not voting 13, as follows: Inslee Murtha Souder [Roll No. 368] Israel Musgrave Spratt OCCUPATIONAL SAFETY AND Issa Nadler Stark HEALTH SMALL BUSINESS DAY YEAS—420 Istook Napolitano Stearns Ackerman Brown (SC) Davis (KY) Jackson (IL) Neal (MA) Strickland IN COURT ACT OF 2005 Aderholt Brown-Waite, Davis (TN) Jackson-Lee Neugebauer Stupak Mr. BOEHNER. Madam Speaker, pur- Akin Ginny Davis, Jo Ann (TX) Ney Sullivan Alexander Burgess Davis, Tom Jefferson Northup Sweeney suant to House Resolution 351, I call up Allen Burton (IN) Deal (GA) Jenkins Norwood Tancredo the bill (H.R. 739) to amend the Occupa- Andrews Butterfield DeFazio Jindal Nunes Tanner tional Safety and Health Act of 1970 to Baca Buyer DeGette Johnson (CT) Nussle Tauscher provide for adjudicative flexibility Bachus Calvert Delahunt Johnson (IL) Oberstar Taylor (MS) Baird Camp DeLauro Johnson, E. B. Olver Taylor (NC) with regard to the filing of a notice of Baker Cannon DeLay Johnson, Sam Osborne Terry contest by an employer following the Baldwin Cantor Dent Jones (NC) Otter Thomas issuance of a citation or proposed as- Barrett (SC) Capito Diaz-Balart, L. Kanjorski Owens Thompson (CA) sessment of a penalty by the Occupa- Barrow Capps Diaz-Balart, M. Kaptur Oxley Thompson (MS) Bartlett (MD) Capuano Dicks Keller Pallone Thornberry tional Safety and Health Administra- Barton (TX) Cardin Dingell Kelly Pascrell Tiahrt tion, and ask for its immediate consid- Bass Cardoza Doggett Kennedy (MN) Pastor Tiberi eration in the House. Bean Carnahan Doolittle Kennedy (RI) Paul Tierney The Clerk read the title of the bill. Beauprez Carson Doyle Kildee Payne Towns Becerra Carter Drake Kilpatrick (MI) Pearce Turner The text of H.R. 739 is as follows: Berkley Case Dreier Kind Pelosi Udall (CO) H.R. 739 Berman Castle Duncan King (IA) Pence Udall (NM) Be it enacted by the Senate and House of Rep- Berry Chabot Edwards King (NY) Peterson (MN) Upton Biggert Chandler Ehlers Kingston Peterson (PA) Van Hollen resentatives of the United States of America in Bilirakis Chocola Emanuel Kirk Petri Vela´ zquez Congress assembled, Bishop (GA) Cleaver Emerson Kline Pickering Visclosky SECTION 1. SHORT TITLE. Bishop (NY) Clyburn Engel Knollenberg Pitts Walden (OR) Bishop (UT) Coble English (PA) Kolbe Platts This Act may be cited as the ‘‘Occupa- Walsh Blackburn Cole (OK) Eshoo Kucinich Poe tional Safety and Health Small Business Day Blumenauer Conaway Etheridge Kuhl (NY) Pomeroy Wamp in Court Act of 2005’’. Wasserman Blunt Cooper Evans LaHood Porter SEC. 2. CONTESTING CITATIONS UNDER THE OC- Boehlert Costa Everett Langevin Price (GA) Schultz Waters CUPATIONAL SAFETY AND HEALTH Boehner Costello Farr Lantos Price (NC) ACT OF 1970. Bonilla Cox Fattah Larsen (WA) Pryce (OH) Watson Bonner Cramer Feeney Larson (CT) Putnam Watt Section 10 of the Occupational Safety and Bono Crenshaw Ferguson Latham Radanovich Waxman Health Act of 1970 (29 U.S.C. 659) is amend- Boozman Crowley Filner LaTourette Rahall Weiner ed— Boren Cubin Fitzpatrick (PA) Leach Ramstad Weldon (FL) (1) in the second sentence of subsection (a), Boswell Cuellar Flake Lee Rangel Weldon (PA) by inserting after ‘‘assessment of penalty’’ Boucher Culberson Foley Levin Regula Weller the following: ‘‘(unless such failure results Westmoreland Boustany Cummings Forbes Lewis (CA) Rehberg from mistake, inadvertence, surprise, or ex- Boyd Cunningham Ford Lewis (GA) Reichert Wexler Bradley (NH) Davis (AL) Fortenberry Lewis (KY) Renzi Whitfield cusable neglect)’’; and Brady (PA) Davis (CA) Fossella Linder Reyes Wicker (2) in the second sentence of subsection (b), Brady (TX) Davis (FL) Foxx Lipinski Reynolds Wilson (NM) by inserting after ‘‘assessment of penalty’’ Brown (OH) Davis (IL) Frank (MA) LoBiondo Rogers (AL) Wilson (SC) the following: ‘‘(unless such failure results

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15667 from mistake, inadvertence, surprise, or ex- We stopped unwarranted and invasive from OSHA is enough to provide the in- cusable neglect)’’. OSHA regulations proposed by the centive they need to make this invest- SEC. 3. EFFECTIVE DATE. Clinton administration that would ment. Employers will use these re- The amendments made by this Act shall have held employers liable for the safe- sources because safety pays. apply to a citation or proposed assessment of penalty issued by the Occupational Safety ty of their employees who work from The reform measures we will consider and Health Administration that is issued on home. We stopped one of the most over- today are proposals that, while fairly or after the date of the enactment of this reaching attempts at regulation in our modest in substance, are important to Act. Nation’s history by repealing an irre- small business owners who struggle The SPEAKER pro tempore (Mrs. sponsible and unworkable ergonomics every day to comply with the complex WILSON of New Mexico). Pursuant to regulation that would have cost em- OSHA laws and provide a safe working House Resolution 351, the gentleman ployers billions of dollars and killed environment for their workers while from Ohio (Mr. BOEHNER) and the gen- millions of jobs. We have dealt with the facing an increasingly competitive tleman from New York (Mr. OWENS) problem of costly unfunded mandates worldwide economy. Employers who each will control 30 minutes. by ensuring that Congress does not make good faith efforts to comply with The Chair recognizes the gentleman pass expensive legislation and then OSHA standards deserve to be treated from Ohio (Mr. BOEHNER). place it onto the backs of State and fairly and have their day in court, and GENERAL LEAVE local governments. these commonsense bills will help en- Mr. BOEHNER. Madam Speaker, I This decade of progress on regulatory sure that they receive that oppor- ask unanimous consent that all Mem- reform should give every American tunity. bers may have 5 legislative days in confidence that Congress is making The first bill on tap today, the Occu- which to revise and extend their re- positive steps every year to improve pational Safety and Health Small Busi- marks on H.R. 739, the bill now under government accountability. And today ness Day in Court Act gives the Occu- consideration. we want to take one more step, one pational Safety and Health Review The SPEAKER pro tempore. Is there more positive step to help improve Commission additional flexibility to objection to the request of the gen- workplace safety, I think a goal we all make exceptions to the arbitrary 15- tleman from Ohio? share. day deadline for employers to file re- There was no objection. OSHA, under the Bush administra- sponses to OSHA citations when a Mr. BOEHNER. Madam Speaker, I tion, has made significant efforts to small business misses the deadline by a yield myself such time as I may con- supplement traditional enforcement mistake or for good reason. sume. programs with cooperative partner- This bill essentially codifies adminis- Madam Speaker, today we will de- ships between the agency and employ- trative action taken by the Labor De- bate four important bills that make ers. I am pleased to report these vol- partment last year and ensures appro- modest reforms to the Occupational untary programs have proven success- priate disputes are resolved based on Safety and Health Act. These measures ful in reducing workplace injuries and merit rather than legal technicalities. ensure that small business owners who illnesses. In fact, if we look at this It passed the House with strong bipar- make good faith efforts to comply with chart, workplace injuries and fatalities tisan support last year, and it deserves health and safety laws are dealt with have declined significantly during the every Member’s support. fairly and equitably by the Occupa- Bush administration. And as this chart Madam Speaker, I reserve the bal- tional Safety and Health Administra- shows, workplace injuries and illnesses ance of my time. tion. have declined significantly under the Nearly every employer recognizes Bush administration to their lowest Mr. OWENS. Madam Speaker, I yield that improving workplace safety is point in history, to a rate of just five myself such time as I may consume. good for business, and it is good for injuries or illnesses per 100 workers. Madam Speaker, we are here again. workers. Employers are subject to Moreover, workplace fatalities have We went through this marathon a year fierce competition both at home and made similar declines. There has been ago. We have had several sets of hear- abroad and must compete in the face of a 5.8 percent reduction in workplace fa- ings and markups on these four bills, high taxes, skyrocketing health costs, talities since the Bush administration and one would think they are very im- escalating litigation, and burdensome took office, and that is significant portant. They are important, but in government regulations. These OSHA progress. the reverse way. They are not impor- reform bills are designed to improve Why has such progress been made? tant to protect the health and safety of worker safety and enhance the com- Because under this administration, working families in America. They are petitiveness of small businesses that OSHA and employers have started to important because they are trying to are the real engine of job growth in our work together more cooperatively and trivialize the whole safety component country. more proactively to solve workplace of the Department of Labor and the The U.S. economy continues to grow, safety problems before injuries and fa- whole safety responsibility of the gov- and more and more employers are con- talities occur. A GAO report released ernment. They want to trivialize it and tinuing to hire workers each month. last year said voluntary partnerships make it seem insignificant and unim- Last week, the Labor Department re- between OSHA and employers ‘‘have portant. ported that more than 3.7 million new considerably reduced the rates of in- I understand each of the four bills jobs have been created since May of jury and illness’’ and have fostered amending the Occupational Safety and 2003, marking 25 consecutive months of ‘‘better working relationships with Health Act now on the floor will be sustained job creation. But we need to OSHA, improved productivity, and de- considered individually, and I would make sure that onerous government creased workers’ compensation costs.’’ therefore save my comments on the regulations do not hamstring small We strongly support OSHA targeting specifics of the other three bills until businesses’ ability to continue to hire the bad actors that defy the law and the appropriate time. When you con- new workers and compete in our econ- compromise the safety of their work- sider these four bills as an entire pack- omy. That is why these bills are so im- ers, but we also need to recognize that age, however, it becomes very clear portant. most employers are good actors who that they will seriously erode the en- Madam Speaker, since Republicans work hard to address job safety con- forcement of U.S. safety standards, assumed leadership of Congress 10 cerns. No employer wants to deal with they will undermine the ability of the years ago, we have undertaken consid- unnecessary OSHA-related litigation Occupational Safety and Health Ad- erable efforts to make bureaucracy and escalating attorneys’ fees that ministration to enforce on-the-job safe- more responsive and more accountable would result from that enforcement. ty standards, and will only add to more to workers and taxpayers. Let me give Most employers want to comply with worker deaths and more serious inju- just a few examples: the law, and the offer of assistance ries.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15668 CONGRESSIONAL RECORD—HOUSE July 12, 2005 b 1415 As recent headlines about worker cranes manufactured in Europe, as the It will not only lead to the Depart- deaths in Texas, New York and Ohio crane in the Ohio fatalities had been. ment of Labor becoming more and have revealed, American workers are In closing, the American people are more the department against laborers, far too often killed or severely injured watching us. By an overwhelming ma- the department against working peo- as a result of safety violations by em- jority, the public wants to pass bills to ple; by bringing these bills to the ployers who have lengthy histories of strengthen OSHA, not to weaken House floor, the Republican leadership similar offenses. OSHA. They want safer workplaces in shows yet again just how out of step it In March 2005, 15 workers were killed America. The bills before us now do is with the American people. In this and more than a hundred injured in a just the opposite. I urge my colleagues case, the House Republican leadership massive British Petroleum refinery to join me in voting ‘‘no’’ on these is backing four bills to weaken OSHA blast. A preliminary Chemical Safety bills. at the very time that the American Board investigation indicates that Madam Speaker, I include for the public is demanding the exact opposite faulty equipment was a key factor in RECORD letters from the AFL–CIO, the be done. this terrible explosion which also de- Teamsters, the UAW, AFSCME, as well According to a recent poll sponsored stroyed buildings and cars. Yet OSHA the United Steelworkers in opposition by the Wall Street Journal, eight out had already fined the same British Pe- to these bills. of every ten Americans believe Con- troleum plant $100,000 in September AMERICAN FEDERATION OF LABOR gress should be passing legislation to 2004 for safety violations that at that AND CONGRESS OF INDUSTRIAL OR- ensure greater health and safety in the time had killed two workers. In fact, GANIZATIONS, workplace. Let me repeat that: The OSHA had previously cited and issued a Washington, DC, July 11, 2005. Wall Street Journal, which is hardly a fine of $63,000 in March 2004 to that DEAR REPRESENTATIVE: I am writing to express the strong opposition of the AFL–CIO liberal publication, they sponsored a British Petroleum plant for 14 safety to H.R. 739, H.R. 740, H.R. 741 and H.R. 742, poll in April 2005 revealing that 84 per- violations. four bills that would erode worker protec- cent of those surveyed want lawmakers Even though the Texas City British tions under the Occupational Safety and to pass bills ensuring safer workplaces Petroleum Plant is clearly a repeat Health Act. These bills, which are scheduled in America. That is 84 percent. safety offender, OSHA routinely re- for a floor vote the week of July 11, 2005, Parade Magazine, another main- duces penalties and downgrades viola- would change established law and procedures stream publication, tells us the same tion findings as a means of encouraging to benefit employers and stifle OSHA en- story. An article published in the April correction of the problem. I suppose forcement. They would do nothing to en- 10 issue of Parade Magazine assessed that is what is alluded to by this vol- hance workers’ safety and health protection, while weakening the OSHAct. We are par- our national priorities based on 2005 untary compliance. They are going to ticularly concerned about H.R. 742 and H.R. dollar allocations for government pro- voluntarily comply one day, but in the 741, because these two bills would signifi- grams. The article juxtaposed business meantime, many more workers will be cantly undermine OSHA’s ability to carry versus safety, pointing out that this killed. out its core mission. year’s funding for the Securities and A newly released analysis of 2,500 in- H.R. 742. Occupational Safety and Health Exchange Commission is $888 million spections of New York construction Small Employer Access to Justice Act—This and the Small Business Administra- sites reveal similar patterns of serious bill requires taxpayers to pay the legal costs tion, which is $580 million, far exceeds and frequent violations of OSHA safety of small employers who prevail in any administrative or enforcement case brought by that for OSHA, which is $464 million, standards. Nearly two-thirds of all vio- OSHA regardless of whether the action was and the Consumer Product Safety Com- lations in 2003 involved faulty scaf- substantially justified. mission which is $63 million. The foldings and/or the failure to provide The language expands provisions of the amount dedicated to business, Parade fall protection equipment. Scaffolding current Equal Access to Justice Act, which Magazine concludes, is close to $1 bil- collapses and falls are the most com- already permits small businesses to recover lion more than that dedicated to safety mon cause of construction worker hos- litigation costs where the government posi- in this simple comparison. pitalizations and deaths of three or tion was not substantially justified. H.R. 742 The OSHA bills being voted on today more workers. Sponsored by the New will have a chilling effect on both OSHA enforcement and OSHA standard setting. OSHA will only serve to exacerbate this huge York Committee on Safety and Health, will be hesitant to cite employers for viola- divide between Federal investments in this report recommended more vig- tions of the OSHAct unless there is absolute business versus safety. One of the bills, orous OSHA enforcement and the hir- certainty that the enforcement action will H.R. 742, will even require OSHA to ing of more OSHA inspection officers, not be challenged, will be upheld or there spend part of its meager budget re- among other remedies. Under its cur- will be no modification in the terms of ac- warding certain employers who are re- rent staffing, it would take OSHA 108 tion. Similarly, unless OSHA is certain that peat safety violators. This bill would years to inspect all of the workplaces a standard will not be challenged (which reimburse firms that are repeat safety in the United States. they are routinely for any number of reasons), it would not dare begin the rule- offenders for attorneys’ fees whenever Yet this administration has proposed making process on any hazard no matter OSHA citations are downgraded on a that we hire 41 new auditors to audit how grave the threat of the hazard to work- technicality during administrative or organized labor records. If we have the ers. No rational public policy would be court proceedings. money for 41 new auditors to audit the furthered by discouraging OSHA from The American people are serious petty cash records of labor unions, issuing citations that are substantially justi- about seeing tougher laws enacted to surely we ought to be able to find the fied, but as to which the government ulti- improve safety on the job, and their money to hire more inspectors and mately is unable to carry its burden of proof. concerns are well founded. In a hearing have those inspectors be inspectors not Rather, the inevitable result of such a rule, last month, the U.S. Chemical Safety which would penalize the government every on a voluntary compliance basis but on time it loses, would be to chill the issuance Board underscored the fact that chem- a serious basis to save lives and inju- of meritorious citations in close cases on be- ical dust explosions represent a serious ries. half of employees exposed to unsafe working industrial hazard in this country. Since OSHA also lacks adequate safety conditions. This bill would further weaken 1980, 200-plus explosions and dust fires standards to cope with globalization. OSHA enforcement efforts and standard set- in U.S. plants caused the deaths of 100 Four ironworkers killed last year by a ting to the detriment of American workers. workers and significant injuries to 600 massive crane collapse near Toledo, Across all industries, establishments with others. Even though the Chemical Ohio, were working for a contractor fewer than 100 employees (which in 2000 made Safety Board chair stresses that these up 97.7 percent of all private sector establish- with a history of repeated safety viola- ments) have a higher rate of fatal occupa- industrial explosions are clearly pre- tions. tional injury than do establishments with ventable, no comprehensive Federal ef- Moreover, OSHA has yet to release a 100 or more workers. Effectively hampering fort has yet been established to address standard an advisory committee draft- OSHA’s enforcement ability in these estab- these clearly preventable explosions. ed a year ago to govern inspection of lishments would be devastating to workers,

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15669 resulting in even higher rates of worker fa- legal reasons for missing the fifteen-day non-union) and to provide an avenue for re- talities, injury and illness. timeframe in which employers currently dress. The number of OSHA enforcement actions must respond to OSHA citations. This action Furthermore, H.R. 742 would effectively that involve contested adjudications is fairly will only encourage more litigation. The gut OSHA’s statutory authority to promul- small, the penalties are generally modest, idea of the fifteen-day requirement is to give gate safety and health standards. Unless cer- and the substantive and procedural stand- all parties a reasonable timeframe in which tain that a standard will not be challenged ards already accommodate the interests of to take action, and to ensure that the case is (and many routinely are for a number of rea- small-business litigants. To be clear, there is moved along as quickly as possible so the sons). OSHA would not dare (or be extremely no evidence that this legislation is nec- hazards cited will be addressed in as timely reluctant, at best) to begin a rulemaking on essary. The result of H.R. 742 will be a a manner as is possible. The Commission any hazard no matter how serious. We be- skewed set of enforcement priorities and a should be able to review any missed dead- lieve that H.R. 742 is tantamount to a stealth risk of injury, illness and even death to lines on a case-by-case basis, as is currently repeal of OSHA’s statutory authority to workers. the practice. The one case being held up to issue workplace safety and health standards. H.R. 741. Occupational Safety and Health demonstrate an insurmountable obstacle for H.R. 739, the Occupational Safety and Independent Review of OSHA Citations Act— employers is just that—one case. No legiti- Health Small Business Day in Court Act, This bill would change the Act to give def- mate reason has been presented as to the seeks to excuse employers who miss the cur- erence to the Commission regarding the in- need for this bill. rent fifteen-day time frame to contest cita- terpretation of OSHA standards. The bill As demonstrated above, these bills under- tions and failure to abate notices. We believe seeks to overturn a 1991 decision by the Su- mine the intent of the Congress when it en- this proposal does nothing more than create preme Court that found that deference acted the OSHAct more than 30 years ago. ‘‘artificial’’ legal reason for failing to re- should be given to the Secretary of Labor as Generally speaking, these policies and proce- spond in a timely fashion. It is an ‘‘about the official responsible for enforcing the dures have been serving workers well for face’’ from ensuring that an OSHA case is OSHAct. over 30 years. American workers deserve a moved along as expeditiously as possible to The Secretary of Labor has much greater safe and healthy workplace and the full pro- ensure that workplace hazards are addressed experience and expertise regarding the inter- tection the OSHAct can offer. These bills in as timely a manner as possible, thus im- pretation of safety and health standards and would surely diminish the protections pro- proving worker safety and health. The cur- regulations than the Commission. The Sec- vided to workers by the OSHAct. For these rent practice of a case-by-case review is the retary develops the rules and is responsible reasons, the AFL–CIO opposes these four most appropriate way to ensure that hazards for their broad application. In contrast, the bills, and we strongly urge you to vote are addressed as quickly as possible, and to Commission only reviews the application of against each of them. reinforce the importance of workplace safe- standards in those few cases that are con- Sincerely, ty. tested and come before the Commission. Giv- WILLIAM SAMUEL, H.R. 740, the Occupational Safety and ing deference to the Commission would cre- Director, Department of Legislation. Health Review Commission Efficiency Act, ate an incentive for challenges to the Sec- would require that the number of commis- retary’s rules and interpretations, under- INTERNATIONAL BROTHERHOOD OF sion members be increased from three to mining the Secretary’s policymaking and en- TEAMSTERS, AFL–CIO, five, that all members be attorneys, and that forcement functions. Washington, DC, July 11, 2005. members be able to serve until a successor is H.R. 740. Occupational Safety and Health DEAR REPRESENTATIVE: On behalf of the confirmed. We see no justification, or need, Review Commission Efficiency Act—The bill more than 1.4 million members of the Inter- for these changes—unless one wishes to tilt requires that the number of members on the national Brotherhood of Teamsters, I am the ‘‘playing field’’ against workers. First, Commission be increased from three to five writing to express our strong opposition to the level of enforcement does not warrant and that all members must be attorneys. It four bills that would amend the Occupa- five commissioners. And, there is no reason also seeks to allow members whose terms tional Safety and Health Act: H.R. 739, H.R. to limit the pool of talented people for con- have expired to continue serving on the Com- 740, H.R. 741, and H.R. 742. These bills, which sideration. Further, the current system mission for an additional 365 days in cases the House of Representatives will consider helps ensure that all parties work together where no successor has been confirmed by this week, do nothing to enhance safety and to select qualified people to serve, and to do the Senate. health protections for workers. Rather they so in a timely manner. The Review Commission has operated with would change established law and procedures H.R. 741, the Occupational Safety and three Commissioners since it was first to benefit employers (at the expense of work- Health Independent Review of OSHA Cita- formed in 1970. Increasing the size of the ers), and they would make OSHA enforce- tions Act, would, we believe, turn the OSH Commission from three to five members is ment more difficult. Instead of weakening Act on its ear’’, by giving deference to the not necessary and would enable the Bush Ad- the intent of the OSH Act, Congress should commission. Presently, the Secretary of ministration to stack the review commission take steps to strengthen safety and health Labor is given deference as the official re- with business-friendly appointees. The re- protections for workers, and improve en- sponsible for enforcing the OSH Act. The bill quirement that the Commissioners be law- forcement. would take away the authority held by the yers would exclude a large pool of talented The Teamsters Union opposes H.R. 742, the Secretary in bringing cases to the Court of persons from service. Allowing members Occupational Safety and Health Small Em- Appeals and the Supreme Court, an impor- whose terms have expired to continue serv- ployer Access to Justice Act, which would tant avenue of redress to protect workers ing on the Commission for an additional 365 require that OSHA (i.e. the taxpayer) pay from dangerous and unhealthy workplaces. days unless a new appointee is confirmed by the legal costs when it loses a case against a Each of these bills will undermine, subtly the Senate may mean a sitting member small business that prevails in administra- in some instances and egregiously in the could have a de facto seven year term, tive or judicial proceedings, regardless of case of H.R. 742, workplace protections and dending on the political makeup of the Sen- whether the governments position was sub- the protection that the OSH Act was de- ate and White House. The current require- stantially justified. We view this as another signed to provide workers. The Teamsters ment that a member step down at the expira- effort to impede OSHA’s and the Depart- Union urges you to reject each of these bills. tion of his or her term is appropriate and ments efforts to enforce the law and provide Sincerely, maintains pressure on all parties to work to- an avenue for workers to seek redress. MICHAEL E. MATHIS, gether to select a qualified person for the We see no justification for such an arbi- Director, Government Affairs Department. Commission. Under this legislation, rather trary departure from the current practice of than having two members for a working each party paying for its own litigation costs INTERNATIONAL UNION, UNITED quorum, three will be needed. However due for only one class of public prosecutions. We AUTOMOBILE, AEROSPACE & AGRI- to the way the language is crafted a minor- know of no other agency, charged by statute CULTURAL IMPLEMENT WORKERS ity of the Commission and fewer than a to enforce the law, which is impeded from OF AMERICA—UAW, quorum could take action. This makes no fulfillng its responsibility with respect to a Washington, DC, July 11, 2005. sense and opens the door to abuses of power. meritorious complaint because it cannot DEAR REPRESENTATIVE: This week the Moreover, there is not enough enforcement guarantee the outcome. In effect, H.R. 742 House is scheduled to take up four bills to activity at OSHA to warrant five commis- says that unless the agency is absolutely amend the Occupational Safety and Health sioners. certain that it can prevail—that it is abso- Act of 1070—H.R. 739, H.R 741 and H.R. 742. H.R. 739. Occupational Safety and Health lutely certain that its enforcement action The UAW opposes each of these anti-worker Small Business Day in Court Act—This bill will not be challenged, will be upheld, or no bills and urges you to vote against them. seeks to excuse employers who miss the fif- modification will occur in terms of action— H.R. 742, the ‘‘Occupational Safety and teen-day timeframe to contest citations and it will be penalized (budgetarily) for ful- Health Small Employer Access to Justice failure to abate notices. Its practical effect filling its statutory obligation to protect the Act,’’ would require taxpayers to pay the would be to make numerous excuses into safety and health of all workers (union and legal costs of employers with 100 or fewer

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15670 CONGRESSIONAL RECORD—HOUSE July 12, 2005 employees and worth up to 7 million who win President and confirmed by the Senate. Fi- treme departure from the original intent of administrative or enforcement cases brought nally, it would add a new requirement that the OSHAct and make it difficult for the by OSHA or any challenge to an OSHA Commissioners must have legal training. Secretary of Labor to enforce and implement standard, regardless of whether OSHA’s ac- The UAW submits that the only good to the Act. Finally, H.R. 742 would require tions were substantially justified.’’ The UAW come from adding two commissioners to OSHA to pay attorneys’ fees for small emis deeply concerned that this legislation OSHRC would be the creation of two more ployers when they prevail in administrative would have a tremendous chilling effort on jobs to an economy that has already lost or enforcement proceedings, placing yet an- the ability of OSHA to enforce workplace millions of industrial jobs. Otherwise, it is other financial burden on an already under- health and safety protections. In addition, wasteful and unnecessary to expand OSHRC, funded agency. this bill would reverse the time-honored rule which has been composed of three members We urge you to reject all four of the meas- of American jurisprudence that requires liti- since it was established in 1970. Indeed, the ures. These bills will erode a law that has gants to bear their own cost and fees. There UAW believes that Congress should give con- served American workers well. is no need for such legislation because the sideration to abolishing all of the OSHRC Sincerely, Equal Access to Justice Act already protects commissioners’ positions, allowing appeals CHARLES M. LOVELESS, parties from administrative overreaching by to go directly from the decision of the Com- Director of Legislation. compensating them in cases where the gov- mission’s Administrative Law Judges to the ernment is not ‘‘substantially justified’’ in Courts of Appeals, as is done with Social Se- UNITED STEELWORKERS, bringing a law enforcement action, or under curity Administration appeals. The UAW July 11, 2005. other ‘‘special circumstances.’’ also objects to the legal training require- U.S. HOUSE OF REPRESENTATIVES, The other three bills, H.R. 739, H.R. 740 and ment because it would work against persons Washington, DC. H.R. 741, all relate to the Occupational Safe- with workplace health and safety expertise. DEAR REPRESENTATIVE: The United Steel- ty and Health Review Commission (Commis- Furthermore, we object to the provision al- workers (USW), a union which represents in- sion or OSHRC). In considering these bills, lowing commissioners to retain their posi- dustrial workers in virtually every sector of the UAW urges the House to bear in mind tion after the expiration of their term be- the economy, strongly opposes the four bills that OSHRC functions as an intermediate cause it deprives the Senate of its Constitu- amending the Occupational Safety and appeal for employers, between decisions of tional advice and consent role. Health Act (OSHA) which the House is sched- the Occupational Safety and Health Admin- H.R. 741, the ‘‘Occupational Safety and uled to take up tomorrow. HR 741, HR 740 istration (OSHA) and the U.S. Courts of Ap- Health Independent Review of OSHA Cita- and HR 739 all relate to the Occupational peal. During the time a case is on appeal to tions Act,’’ would overturn a 1991 Supreme Safety and Health Review Commission OSHRC, employers do not have to pay any Court decision holding that OSHRC’s inter- (OSHRC) while HR 742 adds new rules under assessed penalties, nor do they have to abate pretation of a health or safety standard may which small employers can receive com- the violations for which they were cited. not be substituted for the interpretation of pensation for attorney’s fees. Thus, procedural delays at OSHRC serve the Secretary of Labor. The bill explicitly Proponents of these bills paint them as only to postpone justice and to delay the provides, ‘‘The conclusions of the Commis- simply eliminating bureaucratic ‘‘red tape’’ correction of workplace safety and health sion with respect to all questions of law shall with a ‘‘common-sense fix,’’ but workers’ violations. be given deference if reasonable.’’ Because it safety and the protections established under H.R. 739, despite being mislabeled the ‘‘Oc- is for all practical purposes only employers the 1970 OSH Act and the rights of claimants cupational Safety and Health Small Business who appeal cases to OSHRC, there is never to a timely response to OSHA citations can- Day in Court Act,’’ is not limited to small an instance when the Commission would be not be equated to red tape. businesses. Instead. it would effectively expanding workers’ rights by substituting its Perhaps most onerous is HR 742, the ‘‘Oc- eliminate the statutory time period within interpretation for the Secretary’s. In other cupational Safety and Health Small Em- which all employees—not just small employ- words, H.R. 741 would give unprecedented ployer Access to Justice Act,’’ which re- ers—must contest an OSHA citation or as- and unwarranted authority to the OSHRC to quires taxpayers to cover the legal costs of sessment before it becomes a final order of take away workers’ workplace health and small employers who prevail—or partially the Commission. This bill would excuse em- safety protections. prevail—in any administrative or enforce- ployers from the fifteen-day deadline for For all of the reasons set forth above, the ment case by OSHA, or in any challenge to contesting OSHA citations and lead to more UAW strongly opposes H.R. 739, H.R. 740, an OSHA standard, regardless of whether the litigation. H.R. 741 and H.R. 742. We urge you to vote action was ‘‘substantially justified’’. In The purpose of the fifteen-day requirement against these anti-worker bills that would other words, this bill will go beyond the pro- is to give all parties a reasonable amount of undermine workplace health and safety. tection already provided to litigating parties time to take action and to move cases along Sincerely, in the Equal Access to Justice Act which as quickly as possible so that hazards can be ALAN REUTHER, currently protects a party in cases where the abated in a timely manner. The bill excuses Legislative Director. government is not ‘‘substantially justified’’ employers from missing their fifteen-day in bringing about a law enforcement action. deadline but does not extend the same provi- AMERICAN FEDERATION OF STATE, HR 742 will effectively act as a deterrent to sions to an employee who challenges the pe- COUNTY AND MUNICIPAL EMPLOY- OSHA enforcement and standard setting. riod for abatement in a citation. This provi- EES, AFL–CIO, Statistics show that small employers (those sion is one-sided and unfair to employees. Washington, DC, July 11, 2005. with fewer than 100 employees) have a higher Under the statute, an employer contests by DEAR REPRESENTATIVE: On behalf of the 1.4 rate of fatal occupational injuries than those simply mailing a letter to the OSHA office. million members of the American Federation with more than 100 workers. Since small em- Therefore, contestation is not burdensome, of State, County and Municipal Employees ployers account for over 97% of all private and the statutory time period should be re- (AFSCME), I am writing to urge you to re- sector employers, USW vigorously opposes tained. ject H.R. 739, H.R 740, H.R 741 and H.R. 742. any bill that could further weaken OSHA en- The federal courts already provide relief, These bills would weaken important worker forcement efforts and standard setting for pursuant to Rule 60(b) of the Federal Rules safety and health protections that are guar- this proportionally large group of private of Civil Procedure, for employers who can anteed under the Occupational Safety and sector small employers. show that their failure to meet filing dead- Health Act (OSHAct). HR 741 the ‘‘Occupational Safety and lines was due to mistake, inadvertence, sur- Collectively, these bills would erode impor- Health Independent Review of OSHA Cita- prise, excusable neglect, fraud, misrepresen- tant OSHA policies that have served to pro- tions Act’’ overturns a 1991 Supreme Court tation or misconduct by an adverse party, so tect the health and safety of workers all decision and undercuts the Secretary of La- long as the employer can show the existence across this country. H.R. 739 would allow em- bor’s authority to interpret and enforce the of a meritorious defense. There is a body of ployers to avoid current law’s fifteen-day law. HR 741 would order judges in cases ap- established case law pursuant to Rule 60(b) deadline to contest OSHA citations. Such a pealed to the courts to give deference to the that would be subject to wasteful re-litiga- change would result in a delay in correcting OSHRC, giving the Commission unprece- tion if H.R. 739 were enacted. dangerous work place hazards in a timely dented authority to interpret OSHA stand- H.R. 740, the ‘‘Occupational Safety and manner. H.R. 740 is simply an unnecessary ards. The USW strongly urges you to vote Health Review Commission Efficiency Act,’’ move to stack the Occupational Safety and against HR 741 and keep policymaking and would expand the number of OSHRC commis- Health Review Commission with new mem- the interpretation of OSHA policy with the sioners to five from three and authorize sub- bers while requiring that they have legal Secretary of Labor. panels of three members to exercise all of training. H.R. 741 would remove policy- HR 740 the ‘‘Occupational Safety and the powers of the Commission. It would also making and the interpretation of OSHA’s Health Review Commission Efficiency Act’’ authorize commissioners to hold their posi- policies from the Secretary of Labor and proposes to expand the number of commis- tion at the expiration of their six-year term, give that responsibility to the OSHA Review sioners from three to five, require commis- until a successor has been nominated by the Commission. Such a move would be an ex- sioners to have a legal training and allow

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15671 commissioners to hold their position after ing the deadline was excusable neglect, the Mine Act. 30 U.S.C. § 815(a). Moreover, their six year term expires until their suc- a mistake or inadvertence. That is the previous interpretation had a dispropor- cessor has been appointed by the President what rule 60(b) allows, and that is tionate impact on small businesses in that and confirmed by the Senate. Since 1970 the frankly all this bill does. these entities are more likely than larger OSHRC has been composed of three members Until recently, if an employer filed a companies to file untimely notices of con- and there is no need to expand the Commis- test. Our new position avoids further need- sion while excluding from the Commission late notice of contest to an OSHA cita- less and often futile litigation on an issue persons with workplace health and safety ex- tion, OSHA had limited flexibility in that is collateral to OSHA’s primary safety pertise, but no law degree. The USW also accepting the notice because of a con- and health mission. urges you to vote against this bill. flict in the law that was written 34 Accordingly, I am directing that all Re- Finally, HR 739 or the ‘‘Occupational Safe- years ago. OSHA would not accept late gions implement this new interpretation by ty and Health Small Business Day in Court notices of contest even if the employer no longer making the argument that the Act’’ would excuse all employers—not just could prove an excusable neglect. The Commission lacks authority to consider late small employers—that miss the fifteen-day Occupational Safety and Health Re- notices of contest under Rule 60(b). However, deadline for contesting OSHA citations. In the Regions should continue to argue aggres- other words, this bill will effectively elimi- view Commission, however, would sively, as they have previously and usually nate the 15-day deadline, further delaying allow a late notice of contest to be successfully done in the alternative, that the timeframe for moving a case through the filed under rule 60(b). This makes no Rule 60(b) relief can only be granted to em- process and further delaying actions to cor- sense. ployers that establish all elements of the ex- rect the possible hazard. The USW opposes On December 13, 2004, the Solicitor of cusable neglect standard. In this way, we can this bill as redundant, since employers al- Labor issued a memorandum to refocus our limited resources on protecting ready have recourse for missed deadlines in gional solicitors announcing a change worker safety and health rather than on liti- the federal courts under Rule 60(b) of the in the Department’s legal interpreta- gating a collateral procedural issue. Specific Federal Rules of Civil Procedure if the fail- tion. This change will allow the De- implementation guidance follows. If there ure to contest meets certain requirements. are additional questions, please contact Dan- Sincerely, partment’s attorneys to excuse late no- iel Mick, Counsel for Regional Trial Litiga- WILLIAM J. KLINEFELTER, tices of citation if it can be determined tion, in the OSH Division. Assistant to the President, Legislative and that the lateness was due to an inad- GUIDANCE Political Director. vertence or excusable neglect. The so- 1. No attorney in the Office of the Solicitor Mr. OWENS. Madam Speaker, I re- licitor cites case law, OSHRC’s long- shall argue on behalf of the Secretary that serve the balance of my time. time interpretation, and rule 60(b) as the Commission lacks the authority to apply Mr. BOEHNER. Madam Speaker, I the reasons for this change. This is the Rule 60(b)’s excusable neglect standard to yield such time as he may consume to right policy in my view, and I include consider late notices of contest. Instead, SOL shall implement OSHA’s current view the gentleman from Georgia (Mr. NOR- for the RECORD the aforementioned memorandum. that the Commission has such authority. At- WOOD), the chairman of the Sub- torneys handling OSHA cases arising in New committee on Workforce Protections. DEPARTMENT OF LABOR, York, Connecticut, or Vermont, or when oth- Mr. NORWOOD. Madam Speaker, I Washington, DC, December 13, 2004. erwise appropriate, shall note that the Sec- thank the gentleman for yielding me MEMORANDUM ond Circuit Court of Appeals has held to the this time. To: Regional Solicitors, Joseph M. Wood- contrary, but point out that the Le Frois de- Madam Speaker, I cannot help but ward, Associate Solicitor for Occupa- cision made clear that the Secretary’s rea- think that all has been said that needs tional Safety and Health. sonable interpretations of the OSH Act are to be said about all four of these bills From: Howard M. Radzely, Solicitor of entitled to judicial deference, and was ren- during the rules debate; the problem is Labor. dered before OSHA adopted its current view. Subject: Late Notices of Contest to OSHA Ci- 2. Where appropriate, SOL attorneys shall just not everybody has said it. tations. protect the Department’s interests by oppos- If we can perhaps confine our think- This memorandum announces a change in ing late notices of contests on the grounds ing and remarks to the bills before us, the Department’s legal interpretation of that the employer has not established ‘‘ex- we could probably get through this Section 10(a) of the Occupational Safety and cusable neglect’’ for the late filing. Con- pretty nicely. And those who want to Health Act of 1970, 29 U.S.C. § 659(a). The De- sistent with existing law, SOL attorneys talk about things that are not germane partment previously interpreted that provi- shall argue that, in addition to the employer to these bills have a great opportunity sion to preclude the Occupational Safety and establishing that the neglect was excusable, relief cannot be granted unless the employer to do so during special orders. Maybe Health Review Commission from considering an employer’s contest of an OSHA citation also asserts a meritorious defense to the ci- for once we could simply talk about that is filed after expiration of the statutory tation. See Teamsters, Chauffeurs, Ware- the four bills that we have. fifteen working-day contest period, except in housemen & Helpers Union, Local No. 59 v. We are starting out with H.R. 739, the the unusual situation in which the limita- Superline Transp. Co., 953 F.2d 17, 20 (1st Cir. Occupational Safety and Health Small tions period has been equitably tolled. The 1992) (citing cases). In addition, because Rule Business Day in Court Act of 2005. At Commission’s position has long been that it 60(b) relief is only available ‘‘upon such the outset, I would like to stress that can consider late contests if the employer es- terms as are just,’’ in appropriate cases, such this legislation in no way diminishes tablishes that its failure to meet the dead- as where the employer contests only the pen- the worker safety protections of the line was due to ‘‘excusable neglect’’ as that alty or the characterization of the violation, phrase is used in Fed. R. Civ. P. 60(b), which or its knowledge of a violative condition, Occupational Safety and Health Act. I provides criteria for granting relief from SOL may ask that the employer be required believe that. I think most members of final judgments or orders. to establish that employees are no longer ex- our committee believe that. It is not Despite our best efforts, our legal argu- posed to the cited hazard as a condition of our intention and I do not believe it ment has met with only limited success. Al- going forward with a hearing on the merits. will be the outcome of any of these though the Second Circuit agreed with our Madam Speaker, all H.R. 739 would bills that we consider today, most espe- view in Chao v. Russell P. LeFrois Builder, do is simply codify the solicitors’ new cially the one we are discussing now, Inc., 291 F.3d 219 (2d Cir. 2002), the Commis- sion has repeatedly rejected it, and this past directive, permanently cementing this H.R. 739. June the Third Circuit ruled against us in change in the OSH Act and ending the The Occupational Safety and Health two cases. George Harms Constr. Co. v. Chao, conflict between the OSH Act and rule Small Business Day in Court Act 371 F.3d 156, 160–65 (3d Cir. 2004); Avon Con- 60(b). amends the OSH Act to resolve a contractors, 372 F.3d 171, 174–75 (3d Cir. 2004). Last year, the House approved this flict between section 10 of the act and After studying the statute and relevant measure with bipartisan support of 251– the Federal rule of civil procedure case law, the Department has concluded that 177, and I again urge my colleagues to 60(b). The bill is designed to make sure late filed notices of contest may be consid- vote ‘‘yes’’ on this measure. that an employer who fails to respond ered under the conditions specified in Rule I know many of my Democrat friends 60(b). This change is not only consistent with to an OSHA citation in a timely fash- the Commission’s interpretation, but it is think that the labor bosses are against ion is allowed to do so and have his or also consistent with MSHA’s and the Federal this, and they are right. The labor her day in court, and how reasonable of Mine Safety and Health Review Commis- bosses are against something this sim- us to allow that, if the reason for miss- sion’s interpretation of identical language in ple, which is simply an indication to

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15672 CONGRESSIONAL RECORD—HOUSE July 12, 2005 me they may not like small businesses. Mr. WESTMORELAND. Madam regulations. When it comes to our Na- They may not want anything to occur Speaker, I want to thank the gen- tion’s job producers, we should not be that helps small businesses. tleman from Ohio (Mr. BOEHNER) for tying their hands. We should be giving The gentleman from New York (Mr. his leadership in the Committee on them a hand up. OWENS) says this bill is not important. Education and the Workforce and the I urge my colleagues to support this I tell Members what, if you are a mom fact that he has been able to pass rea- legislation, H.R. 739. and pop in this country running a sonable legislation that not only helps Mr. OWENS. Madam Speaker, I yield small business with three or four em- the employee but the employer and myself such time as I may consume. ployees, I promise this is important to gives us a better business atmosphere H.R. 739 specifically creates a legal them. The 12 percent of the labor union in this country. I would also like to loophole for bypassing the obligation members in this country, I guarantee thank my friend and fellow Georgian on an employer’s part to meet a 15-day it is important to many of them be- (Mr. NORWOOD) for his leadership in deadline for contesting OSHA cita- cause many of them are also in small fine-tuning our occupational safety and tions. As such, the bill promotes in- businesses. Many of them who have health laws. The gentleman from Geor- creased litigation. Given that the spouses are in small businesses. This is gia has waged a years-long effort to im- OSHA commission already has the au- just a decent thing to do, allow a little prove the relationship between small thority to review any missed deadlines flexibility. Why beat up on small busi- businesses and the Federal Govern- on a case-by-case basis, such litigation nesses? If you have a small business in ment’s regulatory agencies, and for is completely unnecessary. That bears your district, you certainly should vote that I thank him. repeating. At present, the OSHA com- ‘‘yes’’ for this one bill. Madam Speaker, I am a small busi- mission relies on its longstanding prac- Mr. OWENS. Madam Speaker, I yield nessman. I started my own construc- tice of reviewing, on a case-by-case basis, any missed deadlines. So what is such time as she may consume to the tion business 25 years ago, and that is the rationale for this bill? gentlewoman from California (Ms. how I supported my family until my re- H.R. 739 is not only superfluous and cent election this year to Congress. WOOLSEY). offers nothing productive that is posi- OSHA regulations are not just an in- Ms. WOOLSEY. Madam Speaker, I tive and new; it also negatively serves teresting debate topic for Washington rise in opposition to H.R. 739 because it to delay the timely correction of work- dinner parties. For me and the millions appears to be just another way for this place safety violations and hazards. of other small business owners, they administration to distract from the The 15-business-day timeline for an em- are tough rules with real consequences. real priorities of our Nation’s workers: ployer’s response was set to encourage fair wages, open labor negotiations, se- No one wants to regress to the days speedy removal of work site hazards as cure pensions, U.S. jobs over the out- when workers had few rights and well as the expeditious handling of sourcing of our jobs and, of course, a worked in ridiculously dangerous situ- cases. It establishes a reasonable time safe working environment that pro- ations with little or no regard for their frame for protecting all the parties. It tects workers from harm and allows safety. protects the employers as well as the In the end, good precautions are good their families peace of mind. Yet with workers. By contrast, H.R. 739 will for workers, good for businesses, and this legislation, we put the company’s needlessly place some workers at good for the economy as a whole. We bottom line above the safety of Amer- greater risk of on-the-job injuries or ican workers. are not keeping OSHA from enforcing fatalities. With the narrowing definition of will- Federal safety regulations with this Let me give you a few concrete exam- ful violations, we make it easier for legislation. We are just ensuring that ples to illustrate the risk. In March employers to avoid responsibility after regulators are fair and reasonable when 2003, OSHA began an inspection of disregarding a safety standard require- enforcing regulations. Strack, Incorporated, a pipeline comment. This bill would allow a company In the construction business, I pany in Atlanta, Georgia. OSHA in- to receive a filing extension no matter worked closely with subcontractors spectors had seen Strack employees why the paperwork was lost, whether who were small business owners them- working in a trench that was up to 12 they lost track of it in the first place selves. One of them, a good friend of feet deep. Yet a trench box, designed to or if they even put it aside because of mine, ran into trouble with OSHA over protect workers, had been left on high- their very own negligence. this very rule that we are debating er ground and more than 100 feet away today in the Small Business Day in b 1430 from the site. In May 2003, OSHA Court Act. He and an employee were issued Strack, Inc. a willful citation Why should any worker be forced to digging a hole for a septic tank. They with a proposed fine of $44,000 for fail- suffer in unhealthy or unsafe working made a mistake during the process, and ure to use a trench box. Fortunately in conditions or, worse, lose their life or it was a mistake with horrible con- this case, the hazards were corrected be maimed for their life because of in- sequences. The walls of the hole caved before anyone was killed. As an OSHA efficiencies within a company’s sys- in, killing the employee. While my inspector put it, cave-ins occur quickly tem? That is why I support real work- friend was recuperating from and deal- and without warning; and then it is too force reform that strengthens worker ing with all the painful consequences late to protect workers. protections and insists that employers that come with the death of an em- When it comes to trenching, failure face real consequences when their poor ployee when you are a three-or four- to correct hazards in the 15-day re- safety standards cause a wrongful man business, OSHA gave him a sum- quired period can have fatal con- death, no excuses, no added waivers, no mons. I think everyone would agree sequences. As Jeffrey Walters of Cin- way to help an employer miss their that during those 15 days after the ac- cinnati, Ohio, testified before me last deadlines and then get away with it. cident, responding to an OSHA sum- year, his only son Patrick died in a You cannot put a price tag on life, mons should not and could not be at cave-in on June 14, 2002, only weeks Madam Speaker, and you cannot put a the top of his priority list. He missed after OSHA cited the firm Patrick price tag on serious injury. We can all the deadline; and, of course, under worked for, which is Moeves Plumbing, agree that every worker’s life is more OSHA rules he was not given another for willful trenching violations. In fact, precious than a profit. That is why I chance to defend himself. Moeves Plumbing had been inspected encourage my colleagues to join me This legislation will help small busi- by OSHA 13 times before Patrick’s and join the gentleman from New York ness owners such as this, who run small death. Moreover, another worker had (Mr. OWENS) in opposing H.R. 739. shops but who employ the vast major- died while digging trenches for the Mr. BOEHNER. Madam Speaker, I ity of American workers. They cannot same plumbing company several years am pleased to yield 3 minutes to the employ full-time OSHA compliance of- before Patrick died in the same way. gentleman from Georgia (Mr. WEST- ficers and most owners are not going to All of this is to say that speedy cor- MORELAND). be experts on the fine print of Federal rection of work site hazards cited by

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15673 OSHA can often mean the difference ‘‘Draft Report to Congress on the Costs court, will be the party to interpret between life and death. Thus, when and Benefits of Federal Regulations for OSHA regulations, not OSHA itself. OSHA finds a safety violation, it clear- 2005,’’ it is estimated that the, quote, And finally, H.R. 742 will allow small ly merits immediate attention. I urge total cost of Federal regulation, envi- businesses to recover the costly attor- my colleagues to vote ‘‘no’’ on this bill ronmental, workplace, economic and ney fees incurred if they successfully again. tax compliance regulation, was 60 per- challenge an OSHA citation. Each of Madam Speaker, I yield 2 minutes to cent greater per employee for firms these will help alleviate overbearing the gentleman from New Jersey (Mr. with under 20 employees compared to regulations that thwart the creativity ANDREWS). firms with over 500 employees. and entrepreneurial spirit of small Mr. ANDREWS. Madam Speaker, I In another recent study, these costs businesses. rise in opposition to this bill. What translate to approximately $7,000 in In past years, each of these four bills sounds like a very small change in the regulatory costs per employee per year. has passed the House by good margins. rules could have very large and unwel- We need to aid our small businesses in Let us send these provisions once again come consequences. The way the law being more competitive, not help force to the other side of the Capitol and en- works now, if an OSHA inspector no- them out of business. Certainly the courage them to act this year to help ticed the trench that the gentleman goals of the Occupational Safety and our small businesses. Jobs are at stake from New York just made reference to Health Agency to ensure workplace and a vital economy lies in the bal- and gave that employer a notice that safety and health are laudable and pro- ance. We must keep our small busi- the trench needed to be properly put tecting our workers is and must re- nesses vital, healthy, and competitive. together so it would not cave in, under main paramount. But oftentimes good Mr. OWENS. Madam Speaker, I yield present law the employer has more intentions do not result in the best 3 minutes to the gentleman from New than 2 weeks, 15 days, to decide wheth- practices. Our small businesses and our York (Mr. BISHOP). er to contest that citation. And if the workers deserve better. Mr. BISHOP of New York. Madam employer fails to contest the citation, H.R. 739, the first of four bills that we Speaker, I rise to oppose this bill which the law presumes that the violation are considering today, promotes fair- would give a pass to employers who do ought to stand and there is corrective ness for small businesses while improv- not meet workplace safety conditions. action taken to try to protect the ing competition and worker safety. It We could have taken this opportunity worker. allows the Occupational Safety and to help hardworking Americans feel a Now, sometimes employers do have Health Review Commission more flexi- little safer in the workplace, or we surprises or accidents or situations be- bility to make exceptions to the 15-day could have made today’s priority giv- yond their control and they mean to deadline when employers must file ap- ing some relief to middle-class families object to the citation, but they fail to who are struggling to keep up with peals to OSHA citations. Many of our do so. They fail to file the paper on record-breaking gas prices, tuition in- small businesses unintentionally and time, or they have some other surprise creases, and health care costs. innocently miss this arbitrary deadline or circumstance. The law, as the gen- Instead, this administration has once and can be denied their day in court as tleman from New York said, already again chosen in favor of the corporate a result. While many of our small busi- provides for that circumstance. On a sector and the special interests. Their nesses are struggling to provide their case-by-case basis, OSHA is able to say reward in this bill comes at the ex- employees with the safest work envi- there are special circumstances which pense of hardworking employees who ronments and access to the best health justify missing the 15-day deadline. In depend on OSHA to keep an eye on care and other benefits, they must the law, he or she who has the burden their working conditions. But when of proof loses. comply with inflexible regulations former executives win appointments to What this bill does is to shift the bur- such as these. Many small businesses regulate the same industries in which den of proof to OSHA to prove that the that have unintentionally missed this they used to work, sound science and 15-day deadline was somehow unreason- deadline are simply not able to navi- smart public policy usually tack a able, instead of properly vesting the gate the complex regulations in order back seat to political favoritism and burden on the employer to show that to appeal the OSHA citation. ideology. This bill creates a new loop- In January of this year, even the De- there was an accident or a surprise hole around the 15-day deadline for partment of Labor agreed that this that made them fail to hit the 15-day contesting OSHA citations. It is yet deadline is too burdensome and decided deadline. There is a reason that this one more corporate handout that could it would allow the Occupational Safety deadline is so short. It is because the have been better spent on job training, and Health Review Commission to have circumstances that give rise to the vio- reversing the tide of outsourcing, or discretion over the 15-day deadline for lations put people’s lives and health at raising the minimum wage. risk. We should not shift this burden. filing appeals. This was welcome news We should not approve this bill. I for small businesses. Now, all we need b 1445 would urge a ‘‘no’’ vote. to do is codify this provision. We are Meanwhile, hard-working Americans Mr. BOEHNER. Madam Speaker, I certainly not advocating that every are increasingly faced with workplace am pleased to yield 4 minutes to the small business be given a pass on this conditions in which critically impor- gentlewoman from North Carolina (Ms. deadline to respond to a citation, but tant safeguards are watered down, FOXX). let us be reasonable here and give them emerging problems are ignored, and en- Ms. FOXX. Madam Speaker, I am the benefit of the doubt by instilling forcement is scaled back. proud to support and cosponsor all four just a little bit more flexibility into If OSHA already has the authority to of these important pieces of legislation these regulations. review missed deadlines on a case-by- on OSHA reform. Each is an integral Let me also mention these three case basis, why would we need a bill step to come to the aid of our small other bills, H.R. 740, H.R. 741 and H.R. that changes this process in a one-sided businesses. Not only are our small 742, that we are debating this after- way that could further disadvantage businesses increasingly faced with noon. Expanding the review board for workers, encourage litigation, and un- greater competition from the bigger appeals cases to OSHA from three to dermine health and safety protections? competitors in the U.S. but also are five commissioners would speed up the Madam Speaker, I believe the Senate they faced with greater competition appeals process so small businesses will got it right last year when it declined from across the globe. The last thing have their cases reviewed in a timely to consider this or any of the other they need are unnecessary and burden- manner. three proposed rollbacks of OSHA’s re- some regulations from their own gov- H.R. 741 will restore the original sponsibility to hard-working Ameri- ernment. practice and congressional intent to cans. According to a study discussed in the ensure that the Occupational Safety I encourage my colleagues to vote Office of Management and Budget’s and Health Review Commission, or the against all four of these bills.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00110 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15674 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Mr. BOEHNER. Madam Speaker, I 11 words. It would add that ‘‘unless matter here. We do not want OSHA to yield 4 minutes to the gentleman from such failure results from mistake, in- become just an annoyance or a minor Georgia (Mr. PRICE), a member of our advertence, surprise, or excusable ne- delay or an inconvenience or just the committee. glect,’’ 11 little words. A commonsense cost of doing business. No. OSHA Mr. PRICE of Georgia. Madam amendment, which I am sorry to say is should have teeth. Speaker, I appreciate the opportunity oftentimes all too uncommon around There are hundreds of thousands, if to talk on this bill. I want to commend here. It does not mean that any cita- not millions, of Americans, I do not the chairman for his work in this area tion is null and void. It does not mean know who they are, they do not know and commend the gentleman from that at all. It simply means that small who they are, who today have their Georgia (Mr. NORWOOD), who has la- business has an opportunity to get its arms, their eyes, their health, even bored long and hard on these issues. fair day in court. their lives because of OSHA; and they Let me make a few points initially So in closing, Madam Speaker, I do not know who they are. But they before I talk about the merits of the want to commend once again the gen- can thank people like Senator Pete bill. I think it is important for people tleman from Georgia (Mr. NORWOOD) Williams from New Jersey and others, to appreciate that no one, no one, is infor the hard work he has done and the who 35 years ago realized that it is the terested in trivializing the issue of gentleman from Ohio (Chairman BOEH- appropriate role of the Federal Govern- safety in the workplace. We are inter- NER) for bringing this issue to the ment to be involved. ested in improving workplace safety floor. I know there are those who think and in holding businesses accountable I urge all of my colleagues to support that it would be better if the Federal when they are at fault, not just be- H.R. 739 and do it for small business Government had never gotten involved cause. No one is interested in and for the employees and jobs in our in this. I suppose they would say, well, trivializing this issue. Nation. the employee could sit down with the No one is putting a price tag on life. Mr. OWENS. Madam Speaker, I yield employer and the employee could point That has been mentioned. No one is 4 minutes to the gentleman from New out the unsafe working conditions and putting a price tag on life here, and no Jersey (Mr. HOLT). the employer will surely take care of it one is interested in giving employers a Mr. HOLT. Madam Speaker, I rise in because no employer wants his employ- pass. opposition to H.R. 739. It is part of a ees harmed. It just does not work that They also talked about a legal loop- package of bills that we have before us way. It did not work that way for the hole. This is not a legal loophole. What today that serve no purpose that I can century before OSHA was passed. this does is simply put faith in small see but to gut the occupational health Let me repeat: there are hundreds of business, and it shifts the burden of legislation record before this Congress. thousands of Americans who have their proof to the accuser, where it should Current law requires that employers eyesight, who have their arms, who be. There was some analogy drawn to a challenge a citation or notice of a fail- have their health, who have their lives court of law. What this does is shift the ure to abate a hazard within a 15-day because OSHA has teeth, because burden of proof to the accuser, that is, time period. There is a reason that this OSHA requires prompt remedy to un- OSHA, where it should be. is a short time period. It is because safe conditions. The bill will not weaken OSHA ei- these are serious matters. The short Mr. BOEHNER. Madam Speaker, I re- ther. It will simply allow small busi- deadline was enacted to encourage ex- serve the balance of my time. ness a fair opportunity for a fair hear- peditious handling of cases and to en- Mr. OWENS. Madam Speaker, I yield ing when it is cited, and that is it. sure that the workplace hazards are myself such time as I may consume. I rise in support of H.R. 739. The mag- corrected in a timely manner. The Madam Speaker, I would like to just nitude of this bill is huge: 99.7 percent commission already has the ability to say that when we say the Republican of all businesses are small businesses, review specific cases of missed dead- majority is trying to trivialize the role 99.7 percent. Seventy-five percent of all lines in a manner that protects the of OSHA and the role of safety in the new jobs come from small business, rights of employers. In fact, my col- workplace, there is good foundation for three out of every four jobs. leagues defending this legislation said this. When this administration took In talking about this before and in what about unintentional missed dead- power, the present administration in researching this, I went back and lines or deadlines that are missed inno- the White House, one of the first acts looked at the original OSHA Act. The cently. The commission can deal with that they perpetrated was the repeal of original OSHA Act in 1970 said that it that. What we are concerned about are ergonomic standards at the urging of, was to assure safe and healthful work- the ones that are missed disingen- of course, Republican Members of Con- ing conditions for working men and uously: oh, I forgot; oh, I did not quite gress. They repealed the ergonomic women by authorizing enforcement of get around to taking care of that. standards that had been in process with the standards developed under the act. It is clear that H.R. 739 is designed to a lot of bipartisan development and The mission today as described by ease the burden on employers at the support over a long period of years. OSHA on their Web site is to ensure expense of the health and safety of When the Secretary of Labor was the safety and health of America’s workers. This is the dramatic change Elizabeth Dole, great steps were made; workers by setting and enforcing in policy. My colleague from Georgia and slowly we reached a point where standards. Do the Members notice the said the dramatic change in policy is we had ergonomic standards to pass. difference? We have shifted who is set- somehow OSHA has gained regulatory The current Bush Administration’s ting the standards from Congress to a authority. No. OSHA has always had first act was to repeal ergonomic nonelected body. I think this is a lot of regulatory authority for the last 35 standards, to toss them aside and to power. A lot of power. years. The real change is this dramatic send a message that workers in the The OSHA budget is $468 million, change in policy that would delay the workplace are not that important, 1,100 inspectors out of 2,200 employees. employers’ responsiveness to the working families are really not impor- A lot of power. health hazards and increase the time tant, working conditions in America As has been mentioned, currently if a that workers have to work in unsafe are not important. The history of citation is given, the employer is given conditions. OSHA is that step by step they have 15 days to respond. This is an arbitrary These measures would make it more saved thousands and thousands of lives. time frame. Nobody can argue that. difficult for employees to seek redress One of the worst industries for safety There really is no rationale for those 15 and would impede the enforcement of before OSHA came into existence was days. Why not 5? Why not 35? Why not worksite safety and health provisions. the construction industry. The con- make it fair to small business? This is Again, this is one of a set of bills struction industry is still one of the a simple commonsense amendment. that would serve to gut OSHA. It puts most unsafe industries, but it has made Eleven words is all the amendment is, aside, really, the seriousness of the tremendous strides in terms of saving

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15675 lives as a result of being forced to fol- involved in the analysis also said the he wants a waiver. What kind of a mes- low certain kinds of standards by results of this study as well as a sepa- sage is that sending to all of the moth- OSHA. rate review reveal troubling data about ers and fathers of young men and I think we need more light thrown on the plight of immigrant workers in the women who have gone off to fight in this subject, and for that reason we construction industry. Iraq in terms of our society? The per- have prepared some information for Their analysis, titled ‘‘Lives in the son with the power does not want to each member of the committee by dis- Balance—Immigrants and Workers at make a sacrifice of his son. trict, and they can get familiar with Elevated Heights at Greatest Risk in Mr. BOEHNER. Madam Speaker, I the problem in their district with this Construction,’’ was prepared by the yield myself the balance of my time. information that we have compiled. New York State Trial Lawyers Asso- Madam Speaker, let me remind my For example, according to the Bu- ciation and issued by the New York colleagues what this small, innocuous reau of Labor Statistics in 2003, there Committee for Occupational Safety bill does. It says to the Secretary of were 200 worker deaths in the State of and Health and the Association of Labor and to OSHA that the arbitrary, Illinois. But in the 13th Congressional Community Organizations for Reform 15-day deadline that is in the statute District of Illinois, 69.5 percent of all Now, called ACORN. Two other organi- for complying with an OSHA citation the state’s deaths took place. I think zations Make the Road by Walking, or to respond to OSHA can, in fact, be the Member of Congress from the 13th and the New York Immigration Coali- waived under special circumstances, if district ought to know that and take a tion, also sponsored the study. OSHA believes that the employer look at what has happened in that dismissed it by accident or had other ex- b 1500 trict. tenuating circumstances, they have This packet that we want to prepare The study reviewed all construction the option of extending the 15-day for each Member includes a chart de- site OSHA inspections conducted in the deadline. That is all this bill does. tailing the statistics. The chart also State during 2003. Now, personally, I Now, some of my colleagues on the lists the worker deaths according to know and I have related on this floor, other side have suggested, well, no, the industry the person worked in and the total accidents that have taken they already have this authority. But also the type of incident that was replace since then in New York City. the fact is, they do not. The ability of sponsible for their death: was it a fall, Five immigrant workers lost their the commission to waive a deadline on contact with equipment, et cetera. The lives in a trench that was being con- a case-by-case basis when cir- information is also broken down be- structed without proper safeguards. cumstances warrant it have been tween government workers and those I want to repeat that there is a class drawn into increased legal uncertainty working in the private industry. This problem developing in America. There by the recent decision of the U.S. Cir- packet also includes a census report for is a class problem. Those in power are cuit Court of Appeals for the Second each one of the districts showing how insensitive to the needs of those who Circuit in Chao v. LeFrois Builder, In- it relates to the surrounding areas, et are out there working on the front corporated, and indeed, as recently as cetera. lines, whether it is in domestic service 2003, OSHA has argued that OSHRC We will prepare this for each Member or in dangerous jobs like construction, does not have the authority to apply to just let them know how serious a trucking and a number of chemical this rule. matter this is in terms of their own im- plants. These are dangerous jobs, but So we think that voluntary coopera- mediate districts. We think working they have to be done. Our industries tion between OSHA and the employer families in America should not be cannot survive without people who community will, in fact, lead to a safer treated as if they lived in a Third work in those dangerous jobs. They de- workplace. And as the chart showed World country, and a lot of Third serve all the protection we can give that I displayed earlier, workplace in- World countries mores are being at- them. Just as the soldiers on the front juries and fatalities have continued to tempted by certain U.S. industries. lines in Iraq, Afghanistan or anywhere decrease in each year of the Bush ad- Particularly the construction indus- else always deserve the best that we ministration. try, the construction industry looks can give them. Every soldier is auto- Let us make this commonsense for the most vulnerable people, immi- matically a hero when he goes out to change to help employers and their grants. Illegal immigrants are em- fight for his country, because for every workers achieve a safer workplace. ployed in large numbers in the con- one who goes out to fight, there are a Mr. GENE GREEN of Texas. Madam struction industry. And I come from a few hundred thousand left behind who Speaker, I rise today in opposition to these city where 40 percent of all male blacks will never be called. We should recog- measures. This legislation moves in the wrong are unemployed, according to two stud- nize and honor those who go out to direction for worker safety. ies, two studies that confirm that 40 fight. Therefore, the best armor protec- We are spending valuable time changing percent of all male blacks are unem- tion, the best bullet-proof vests, all of small portions of OSHA to overturn court deci- ployed. Yet there is a tremendous the things that are available to protect sions and tweak the law to benefit industry. amount of construction going on, and an individual’s life should be available I’m not sure we should be spending time if we go around the construction sites, to those who go out to fight. addressing all these small issues when we we will find that the workers doing the What we have found in this present know that reporting requirements are a prob- manual labor, unskilled labor, are im- war in Iraq is that people on the top, lem and we could be doing something about migrants; and in many cases there are with their class-conscious sentiments it. tremendous accidents, and these people at work, did not provide at first the It doesn’t matter in which facility these acci- are shuffled off and frightened and in- kind of protection that should have dents occurred. The fact is people should timidated to the point where they been provided to the soldiers on the know if an accident has occurred and the never even report it. They do not have front lines out there. The soldiers come company managing the site should report it any workman’s compensation, let from the same working families. I can- whether contract workers were involved or not. alone feel that they have the right to not stress enough the need for all If someone is seriously injured at my home, be protected under the OSHA laws. Americans to recognize that we are all regardless if I’m at fault, there will be a report A review of more than 2,500 OSHA in this together. by the paramedics or the police and it will list construction site inspection records in We have a governor of New York my residence. New York State from the year 2003 State now whose son was in the Na- In March, fifteen people were killed in a re- found that nearly one third of all tional Guard in a program that refinery accident in Texas City. None of them OSHA construction violations in the quired that, once he came out, he had will be on the injury site log because the law State were of scaffolding or fall protec- certain duties and obligations. This doesn’t require them to list contract workers. tion requirement violations, more than governor’s son now is asking for a Since 1991 we’ve known reporting require- any other standard. The organizations waiver. He does not want to go to Iraq; ments should be changed to include contract

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15676 CONGRESSIONAL RECORD—HOUSE July 12, 2005 workers. The report recommending this was H.R. 739 provides small businesses with ad- lawyers. Since the Comnission was estab- sanctioned by OSHA under the first George ditional flexibility by allowing certain excep- lished in 1970, it has been composed of three Bush’s administration. tions to the arbitrary 15-day deadline for em- members and has benefited from the expertise There is no reason the Republican leader- ployers to file responses to citations by the of those not holding law degrees. This change ship couldn’t allow at least some discussion Occupational Safety and Health Administration inaccurately reflects the workload and respon- on the reporting issue today. People have the (OSHA). This commonsense measure allows sibilities of OSHRC and unfairly excludes the right to know if they are applying for a job at an extension of the 15-day deadline in nar- contributions of members with strong back- a facility that has a poor safety record. rowly tailored circumstances, namely when a grounds in safety and health. We should be talking about real issues in- small business inadvertently misses this dead- H.R. 741 transfers the authority to bring stead of making things just a little better for in- line by mistake. H.R. 739 helps ensure that cases to the Court of Appeals and the Su- dustry. We’ve known about this problem for 14 disputes between OSHA and small businesses preme Court from the Secretary of Labor to years. That’s too long to avoid making a sim- would be resolved based on the merits of the OSHRC. This modification overturns a 1991 ple change to the law to require site-based re- situation as opposed to legal technicalities. No Supreme Court decision and undermines the porting of injuries. small business should be foreclosed from a Secretary’s responsibility to enforce OSHA Ms. JACKSON-LEE of Texas. Madam remedy simply because of an arbitrary dead- policies. Speaker, I rise today to speak in opposition to line. The biggest blow delivered by H.R. 742 re- H.R. 739, a bill to amend the Occupational H.R. 740 helps ensure that OSHA reviews quires OSHA to pay attorney’s fees for every Safety and Health Act of 1970 to provide for cases in a timely and more efficient manner case it does not win, regardless of why the adjudication flexibility with regard to the filing by adding two additional commissioners to the case lost or how well-justified it was. This of a notice of contest by an employer following Occupational Safety and Health Review Com- places the burden of these cases squarely on the issuance of a citation or proposed assess- mission (OSHRC). This change ensures that the taxpayer and leaves America’s workforce ment of a penalty by the Occupational Safety small businesses do not have long, drawn-out more vulnerable than ever. and Health Administration. In essence, this bill proceedings that monopolize their limited re- The substitute amendment offered by Con- would amend current law to authorize the Oc- sources. gressman GEORGE MILLER to raise the min- cupational Safety and Health Review Commis- H.R. 741 is designed to restore the review imum wage has my full support. It is unaccept- sion (OSHRC) to make exceptions to the 15- process that was originally intended by Con- able that employees working 40 hours a week, day deadline for employers to challenge gress when it enacted the OSHA law. 52 weeks a year, for minimum wage earn only OSHA citations if the employer’s failure to Congress’s original intent was to form a sepa- $10,700 a year—$3,400 below the poverty line meet this deadline is due to a ‘‘mistake, inad- rate, independent, and unbiased entity, for a family of three. American full-time, full- vertence, surprise, or excusable neglect.’’ OSHRC, that presided over OSHA hearings. This would weaken the ability of the Occu- year workers should not be forced to raise pational Safety and Health Review Commis- However, the lines between OSHA and their families in poverty. It is unfortunate that sion to enforce the current deadline and would OSHRC have become blurred. This bill re- this amendment was not made in order by the encourage increased litigation and disrupt stores the original system contemplated by Republican leadership, as this raise would OSHA’s ability to address workplace hazards Congress and ensures that OSHRC, and not have benefited over 11 million American work- in a timely manner. OSHA is already ‘‘aston- OSHA, would be the party who interprets the ers and their families. ishingly ineffectual’’ in protecting workers’ law and provides an independent review of The hard-working men and women of this lives. In the past 20 years OSHA has failed to OSHA citations. country deserve to be protected and safe in seek criminal prosecutions in 93 percent of the Finally, H.R. 742 will assist small busi- the workplace, Madam Speaker. That is why I cases where employers’ willful and flagrant nesses by giving these businesses an oppor- urge my colleagues to vote against these ill- safety violations ended up killing workers. tunity to recover attorney fees if successful in conceived bills. (New York Times/December 2003). Further- challenging an OSHA citation. Mr. BOEHNER. Madam Speaker, I more, according to a recent GAO report, since In all, this common-sense legislation allows yield back the balance of my time. 1996, OSHA has cut resources dedicated to OSHA to continue protecting workers at their The SPEAKER pro tempore (Mrs. enforcement by 6 percent. place of employment, while giving small busi- WILSON of New Mexico). All time for The U.S. lags behind other western nations nesses the ability to be competitive, create debate has expired. in protecting workers’ lives. A U.S. construc- jobs, and to be protected from frivolous law- Pursuant to House Resolution 351, tion worker is 4 times more likely to be killed suits. the bill is considered read for amend- on the job than one in Denmark. (Center for Ms. MCCOLLUM of Minnesota. Madam ment and the previous question is or- Worker Rights 2004). As a New York State Speaker, I rise in strong opposition to H.R. dered. Supreme Court Judge observed: ‘‘Why Con- 739, H.R. 740, H.R. 741, and H.R. 742. The question is on engrossment and gress has adopted such a spineless response Today, America’s workers need the protec- third reading of the bill. to industrial malfeasance is best left to voters tions provided under the Occupational Safety The bill was ordered to be engrossed to assess.’’ (Newsday, 1/15/04). and Health Act more than ever. Each year, and read a third time, and was read the As responsible Members of congress, we 6,000 workers die in workplace-related acci- third time. cannot afford to vote for this bill. I urge my dents, and 50,000–60,000 people die from ill- The SPEAKER pro tempore. The colleagues to oppose H.R. 739. nesses caused by their jobs. The protections question is on the passage of the bill. Mr. MANZULLO. Madam Speaker, I wish to in OSHA ensure what our Nation’s workforce The question was taken; and the express my strong support for H.R. 739, the has fought for and deserves—a safe and Speaker pro tempore announced that Occupational Safety and Health Small Busi- healthy workplace. the ayes appeared to have it. ness Day in Court Act; H.R. 740, the Occupa- Instead of strengthening these worker pro- Mr. BOEHNER. Mr. Speaker, on that tional Safety and Health Review Commission tections, the bills before us today are an at- I demand the yeas and nays. Efficiency Act; H.R. 741, the Occupational tack on the very intent of these important safe- The yeas and nays were ordered. Safety and Health Independent Review of guards. The SPEAKER pro tempore. Pursu- OSHA Citations Act; and H.R. 742, the Occu- The first bill, H.R. 739, excuses employers ant to clause 8 of rule XX, further pro- pational Safety and Health Small Employer that fail to respond to OSHA citations within ceedings on this question will be post- Access to Justice Act. As Chairman of the the 15-day deadline. The Occupational Safety poned. Small Business Committee, I see daily the im- and Health Review Commission (OSHRC) al- f mense regulatory burden placed upon our ready has the authority to review missed small businesses. The Office of Advocacy at deadlines on a case-by-case basis. This OCCUPATIONAL SAFETY AND the Small Business Administration (SBA) esti- change removes the incentive for employers HEALTH REVIEW COMMISSION mates that the average small business is bur- to quickly respond to hazards. Meanwhile, the EFFICIENCY ACT OF 2005 dened with almost $7,000 per employee in safety and health of workers hang in the bal- Mr. BOEHNER. Mr. Speaker, pursu- regulatory compliance costs. I am pleased that ance. ant to House Resolution 351, I call up the House has taken action to relieve small H.R. 740 seeks to expand OSHRC to five the bill (H.R. 740) to amend the Occupa- businesses of some of this burden. members and require that all members be tional Safety and Health Act of 1970 to

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15677 provide for greater efficiency at the Occupational Safety and Health Act of 1970 (29 The Occupational Safety and Health Occupational Safety and Health Re- U.S.C. 661) is amended— Review Commission Efficiency Act in- view Commission, and ask for its im- (1) in the second sentence of subsection (a)— creases the membership of the Com- (A) by striking ‘‘three members’’ and inserting mediate consideration. ‘‘five members’’; and mission from three to five members to The Clerk read the title of the bill. (B) by inserting ‘‘legal’’ before ‘‘training’’; ensure that cases are reviewed in a The SPEAKER pro tempore (Mr. (2) in the first sentence of subsection (b), by timely fashion. TERRY). Pursuant to House Resolution striking ‘‘except that’’ and all that follows Increasing membership to five com- 351, the bill is considered read for through the period and inserting the following: missioners will help ensure that cases amendment. ‘‘except that the President may extend the term are reviewed in a more timely fashion, The text of H.R. 740 is as follows: of a member for no more than 365 consecutive improving the current system of judi- days to allow a continuation in service at the H.R. 740 cial inactivity that only results in gov- pleasure of the President after the expiration of ernment waste. In short, it will allow Be it enacted by the Senate and House of Rep- the term of that member until a successor nomi- resentatives of the United States of America in nated by the President has been confirmed to the Commission to complete its job by Congress assembled, serve. Any vacancy caused by the death, res- reducing the case backlogs that are as SECTION 1. SHORT TITLE. ignation, or removal of a member before the ex- much as 8 years old. Now, the Commis- This Act may be cited as the ‘‘Occupa- piration of a term for which a member was ap- sion’s sister agency, the Federal Mine tional Safety and Health Review Commis- pointed shall be filled only for the remainder of Safety and Health Review Commission, sion Efficiency Act of 2005’’. such term.’’; and has 5 panelists, and we have found has SEC. 2. OCCUPATIONAL SAFETY AND HEALTH RE- (3) in subsection (f), by striking ‘‘two mem- worked well in reviewing cases more VIEW COMMISSION. bers’’ the first place it appears and inserting efficiently. Lastly, the bill permits in- (a) INCREASE IN NUMBER OF MEMBERS AND ‘‘three members’’. REQUIREMENT FOR MEMBERSHIP.—Section 12 (b) NEW POSITIONS.—Of the two vacancies for cumbent members whose terms have of the Occupational Safety and Health Act of membership on the Occupational Safety and expired to stay on until a replacement 1970 (29 U.S.C. 661) is amended— Health Review Commission created by sub- can be confirmed by the Senate, and (1) in the second sentence of subsection section (a)(1)(A), one shall be appointed by the most vacancies occur during these (a)— President for a term expiring on April 27, 2008, turnovers. (A) by striking ‘‘three members’’ and in- and the other shall be appointed by the Presi- The U.S. economy is improving more serting ‘‘five members’’; and dent for a term expiring on April 27, 2010. and more, and employers are hiring (B) by inserting ‘‘legal’’ before ‘‘training’’; (c) EFFECTIVE DATE.—The amendment made new workers each and every month. (2) in the first sentence of subsection (b), by subsection (a)(1)(B) shall apply beginning Last week, the Labor Department re- by striking ‘‘except that’’ and all that fol- with the 2 vacancies referred to in subsection (b) lows through the period and inserting the and all subsequent appointments to the Commis- ported that 3.7 million new jobs have following: ‘‘except that the President may sion. been created since May of 2003. We extend the term of a member for no more The SPEAKER pro tempore. The gen- want small businesses hiring more workers and contributing to our econ- than 365 consecutive days to allow a continu- tleman from Ohio (Mr. BOEHNER) and ation in service at the pleasure of the Presi- the gentleman from New York (Mr. omy, not facing years of OSHA-related dent after the expiration of the term of that litigation if they cannot resolve it sim- member until a successor nominated by the OWENS) each will control 30 minutes. The Chair recognizes the gentleman ply because the Commission has an President has been confirmed to serve. Any endless backlog of cases. This bill sim- from Ohio (Mr. BOEHNER). vacancy caused by the death, resignation, or ply ensures that OSHA cases are re- removal of a member before the expiration of GENERAL LEAVE solved in a timely and efficient man- a term for which a member was appointed Mr. BOEHNER. Mr. Speaker, I ask ner, a goal that we all should support. shall be filled only for the remainder of such unanimous consent that all Members Employers who make good-faith efforts term.’’; and may have 5 legislative days within (3) in subsection (f), by striking ‘‘two mem- to comply with OSHA standards de- which to revise and extend their re- bers’’ each place it appears and inserting serve to be treated fairly and have ‘‘three members’’. marks on H.R. 740. their day in court, and this measure The SPEAKER pro tempore. Is there (b) NEW POSITIONS.—Of the two vacancies will help ensure that they receive that objection to the request of the gen- for membership on the Occupational Safety opportunity. and Health Review Commission created by tleman from Ohio? Mr. Speaker, I ask my colleagues to subsection (a)(1)(A), one shall be appointed There was no objection. by the President for a term expiring on April support the bill. Mr. BOEHNER. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of 27, 2008, and the other shall be appointed by myself such time as I may consume. the President for a term expiring on April 27, my time. Mr. Speaker, the second bill we will Mr. OWENS. Mr. Speaker, I yield 2010. debate is another narrowly-crafted bill (c) EFFECTIVE DATE FOR LEGAL TRAINING such time as he may consume to the REQUIREMENT.—The amendment made by that addresses a specific problem we ranking member of the committee, the subsection (a)(1)(B), requiring a member of found in the OSHA law. gentleman from California (Mr. the Commission to possess a background in For nearly two-thirds of its 30-plus GEORGE MILLER). legal training, shall apply beginning with years of existence, the Occupational Mr. GEORGE MILLER of California. the two vacancies referred to in subsection Safety and Health Review Commission Mr. Speaker, I thank the gentleman for (b) and all subsequent appointments to the has been undermanned and unable to yielding me this time, and I thank him Commission. function properly. Now, because a so much for his service to this com- The SPEAKER pro tempore. Pursu- quorum of two out of the three total mittee and for his constant support of ant to House Resolution 351, the commissioners is needed for timely de- workers’ rights, workers’ health and amendment in the nature of a sub- cision-making, the Commission has in safety, and the protection of their fam- stitute printed in the bill is adopted. the past been unable to act simply be- ilies if they are injured on the job. The text of the amendment in the na- cause a quorum was not present. The Occupational Safety and Health ture of a substitute is as follows: There are a number of reasons for Act has substantially improved the H.R. 740 this. The appointment process is some- safety of the American workplace to Be it enacted by the Senate and House of Rep- times controversial, leading to vacan- the benefit of the American worker. resentatives of the United States of America in cies, and sometimes commissioners Far fewer workers are killed or injured Congress assembled, must recuse themselves from consid- today than was the case before the law SECTION 1. SHORT TITLE. ering cases, meaning even if there is was enacted. Despite this progress, too This Act may be cited as the ‘‘Occupational only one seat open, there is often no many Americans continue to be sick or Safety and Health Review Commission Effi- working quorum. For too much of its ciency Act of 2005’’. injured or killed in workplace acci- history, the Commission has been un- SEC. 2. OCCUPATIONAL SAFETY AND HEALTH RE- dents that could or should have been VIEW COMMISSION. able to gain a working quorum and, as avoided. (a) INCREASE IN NUMBER OF MEMBERS AND a result, is simply unable to function, Every day, 15 workers are killed on CRITERIA FOR MEMBERSHIP.—Section 12 of the despite being otherwise fully staffed. the job. Another estimated 50,000 to

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00114 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15678 CONGRESSIONAL RECORD—HOUSE July 12, 2005 60,000 die every year due to occupa- gether, these bills will significantly The committee heard testimony in tional illnesses. Hundreds of thousands weaken OSHA enforcement laws, and I the 108th Congress that because of the of workers face serious injuries on the urge my colleagues to oppose H.R. 742, vacancies, the commission has been job every year. Liberty Mutual, the 741, 740 and 739. nonfunctioning for two-thirds of 30- largest workers’ compensation insur- Mr. NORWOOD. Mr. Speaker, I yield plus years of its existence. Now, listen ance company, estimates that the di- myself such time as I may consume. to that, for pity sakes. The commission rect cost of occupational injuries and Mr. Speaker, I appreciate the pre- that you are trying to protect has been illnesses is $1 billion a week. vious speaker. I know he is really busy nonfunctioning for two-thirds of the 30 Two major workplace tragedies, one today and had to go ‘‘no’’ on all four years of its existence. Why in the world in Texas this year and the other in bills, but maybe I can refocus us just a would you want to protect the present- Ohio last year, underscore the need to little bit and explain that we are on day system? strengthen, not weaken, the health and one bill right now, and it is a very sim- Given that the creation of the com- safety laws of this country. ple bill. It is H.R. 740, the Occupational mission was the catalyst for the pas- On March 23 of this year, a huge ex- Safety and Health Review Commission sage of the OSH Act in 1970, there plosion at the BP Amoco Texas City re- Efficiency Act of 2005. Maybe we can never would have been an OSHA had finery killed 15 workers and injured 170 concentrate just on this bill now for not this particular provision been in others. Although BP initially blamed this hour and understand that this is a this review commission. And now you contract workers for the explosion, it badly-needed change in OSHA unless do not want it to work. We are trying now appears that faulty equipment you do not believe OSHA ought to to change that. played a major role in this cata- work, unless you do not believe that I believe it is important to prevent strophic blast. As it turns out, the BP the OSHA Commission should be in the commission from being stalled and Amoco refinery in Texas City has been place. unable to rule on cases when there is a a repeat safety violator. This legislation is especially timely. gap in appointees. That does not serve Repeat safety violations also played In April, the Occupational Safety and employees or small employers well at a key role in the deaths of four iron Health Review Commission’s term ex- all. Let me make one final point. My col- workers when a massive bridge crane pired, placing the Commission in the leagues on the other side have been collapsed near Toledo, Ohio, in 2004. same position it has been in for almost very critical of the inclusion of legal The contractor Fru-Con failed to ad- two-thirds of its existence; now, listen training as a qualification for commis- dress urgent issues with anchoring the to me: almost two-thirds of its exist- sioners, criticism that I cannot under- crane properly raised by the crane’s ence for the last 34 years undermanned European manufacturers. OSHA fined stand. and unable to function properly. Well, Mr. Speaker, OSHRC is an adjudica- Fru-Con $280,000 and cited the con- why is that important? It is not. It is tive body. Legal training is therefore tractor for willful safety violations. only important to someone who has a important because the commission Rather than taking decisive action citation hanging over their business, writes opinions that will be reviewed on behalf of hardworking employees, hanging over their head, and you can- by the courts if a finding is challenged. like increasing the minimum wage, not get the review commission to oper- I would certainly think our Democratic stopping runaway pension termi- ate. It is clearly, after 34 years: No, we lawyers would agree and understand nations or expanding access to health understand it does not work. Half of that. But I would note that legal train- care, these bills do nothing more than the time they cannot do business. ing is but one of three criteria the jeopardize the health and safety pro- H.R. 740, the Occupational Safety and President could review before appoint- tections of employees on the job. Health Review Commission Efficiency ing a commissioner, that would mean a H.R. 742 significantly diminishes the Act, increases the size of the Occupa- Democratic President or a Republican protections of Occupational Safety and tional Safety and Health Review Com- President. Health by discouraging OSHA from mission from three members to five. Nothing in this bill suggests or re- even enforcing the Occupational My goodness. We really need to spend a quires that every member of the com- Health and Safety Act and punishing lot of time debating this. mission be a lawyer. The simple fact of taxpayers unless the agency, like Perry b 1515 the matter is this: when the commis- Mason, can win every case. That sim- sion is unable to rule on cases, resolu- We are actually going to change this ply is not going to happen, and this bill tion does not occur in a timely man- commission, like most commissions in weakens workers’ protections. ner. That is unfair and that is wrong. H.R. 740 unnecessarily expands the the Federal Government, and change it This is unfair to all parties and dras- size of the Occupational Health and to five members so it finally can do the tically undermined congressional in- Safety Review Commission, and H.R. job that the Congress in 1970 wrote into tent from 1970. In the 108th Congress 741 weakens the fundamental respon- the law they wanted it to do. What an this bill passed the full House with bi- sibilities of the Secretary of Labor. It extreme bill this is. partisan support by 228 to 199. contorts the law and confuses enforce- The bill changes the quorum require- I urge passage again this year. And I ment responsibilities of both the Sec- ments from two members to three will say, if you live in a district where retary and the review commission. members, and allows the President to there are no small businesses in that Finally, H.R. 739 creates a legal loop- consider legal training, in addition to district, then I would vote ‘‘no’’ on hole for employers’ obligations to meet education and experience, as criteria in this. But if I had any small businesses the 15-day deadline for contesting an selecting an individual to serve on the in my district, I would give it some se- OSHA citation or notice of a failure to board. rious consideration. abate a hazard. The deadline for an em- Finally, H.R. 740 allows a confirmed Mr. Speaker, I reserve the balance of ployer’s response was set at the 15-day member of the commission to continue my time. mark to encourage both a timely cor- to serve for up to 365 days to prevent Mr. OWENS. Mr. Speaker, I yield 3 rection of cited workplace hazards and the breaks in service that occur when a minutes to the gentlewoman from Cali- expediting the handling of cases. The Senate confirmation is not concluded fornia (Ms. WOOLSEY). commission already has the authority in a timely manner. Does that mean Ms. WOOLSEY. Mr. Speaker, I rise in to review any missed deadlines on a every time somebody retires this com- opposition to H.R. 740 because workers case-by-case basis in a manner that mission goes out of business, because deserve to know that their interests protects both employers and workers. we cannot get the Senate to do its job? will be heard without biased judgment We have an obligation to help hard- That does not matter to anybody ex- by the Occupational Safety and Health working Americans and their families cept the small business who has a cita- Review Commission. to have a safe and healthy workplace. tion hanging over their head that the Grieving families across America de- These bills do the opposite. Taken to- government will not deal with. pend on OSHA to stand up for them and

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00115 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15679 for their deceased and injured loved moving and interesting points. The Mr. Speaker, I also appreciate the ef- ones. But this legislation will threaten problem is, they do not have a thing to forts of my friend from Georgia (Mr. one of the only hopes that families do with this bill, not a thing to do with NORWOOD) who is the author of the bill. have for justice when a loved one is this bill. We have just heard that griev- I never thought I would see the day, I harmed at work. ances should be heard. That is a con- must say, Mr. Speaker, to the author By increasing the membership of the cern of somebody opposed to this bill, where he would propose a bill that commission from three to five, the ad- that grievances should be heard. could create two jobs for lawyers. ministration could actually play poli- Well, we agree. The grievances should On behalf of our profession, I guess tics with the commission, filling it be heard. But as you heard from the we have to express our appreciation. I with antiworker safety appointees, gentleman from Georgia (Mr. NOR- do want to note my three bases of ob- making it more difficult to reach a WOOD), two-thirds of the time the com- jections to the bill. The first is it does quorum than now. The very idea that it mission has been unable to sit for a va- provide the opportunity for what we is simpler to get a three-member riety of reasons, not the least of which might call court packing. It does pro- quorum than a two-member quorum they have been unable to seat a vide the opportunity by expanding the makes no sense. If you cannot fill a quorum. commission from three members to quorum when you only have three, how And then the question is raised: If five, that we would find a fishing expe- are you going to fill it when you have you cannot sit three, how can you sit dition for two members that would be five? five? No, the question is, if you cannot more attuned to the ideological predi- Since President Bush took office, it sit two, how could you sit three? Well lection of the administration. I do not think either a liberal or con- has been really clear that he intends to if you add two people to the commis- servative administration should have use OSHA to protect employers rather sion, to the review commission, then it the right to pack the commission. I than employees when addressing work- makes all of the sense in the world er safety. Why then would we believe think expanding to five members runs that you have made it easier to reach that risk. that he would appoint members to the a quorum. commission that would steer the com- Secondly, I am concerned about the Mr. Speaker, I think it is also impor- undue reliance upon legal training. The mission toward helping the employee tant that we keep in mind the mag- rather than the employer? language of the bill does not expressly nitude of the discussion that we are require the appointment of lawyers, Employees need to know that busi- talking about and why these things ness interests are not the primary but it does indicate that the principal need to be fixed: 99.7 percent of all basis of the OSHA Review Commission. consideration for appointment is legal business is small business, 99.7 percent. The size of the OSHA Review Commis- training or the lack thereof. And 75 percent of all new jobs in this sion has no meaning in the face of em- There are many positions in the Fed- Nation have been created in small busi- ployee health and safety, in the face of eral administrative service that are nesses. death and injury. What does it matter very complex that are adjudicatory in Small business owners, they work to the worker the size of the business nature that do not require formal legal hard and they drive our economy. In or how many members sit on a com- training, and I do not believe that this instance, regarding 740, I rise in mission? Death is death. Injury is in- these positions should either. support of H.R. 740 because if those I would note for the record that none jury. That is what we should be talking small business owners are not working, of the nonlawyers appointed to this about, protecting our workers. commission in its history have been Mr. Speaker, this legislation is not they are not producing. If they are not appointed by Democratic administra- what workers need or want. Their producing, then jobs are not being cre- tions. All of the nonlawyers appointed, grievances must be taken more seri- ated. to my knowledge, have been appointed ously than these little fixes here and Once cited by OSHA, an employer de- by Republican administrations. So my there in the OSHA review. If you can- serves his or her expeditious day in objection is not partisan or ideological. not sit three members, why could you court. And with the current member- I think that the door should be wide sit five? Think about it. That is why I ship of the review commission, it is often, we have heard extremely often, open for people of all backgrounds and urge my colleagues to oppose H.R. 740. ability to serve on the commission pro- Mr. NORWOOD. Mr. Speaker, I yield difficult to end that process. There are some cases that are before the commis- vided they are qualified. myself 1 minute. I would just like to My third objection has to do with mention to the gentlewoman from sion right now that have been there for over 10 years, over 10 years. That is not what appears to be a minor provision, California (Ms. WOOLSEY) that this bill but could be a major provision. It ap- is not about death. It is simply about fair to employers; that is not fair to employees. pears that the language would permit making OSHA work, making the com- two members of the commission, now mission work. It is as simple as that. So I rise and say that increasing the review commission will help small it is expanded to five, only two mem- If you want to be against making bers of the commission to transact OSHA actually work, and the review businesses, and it will increase the safety of workers; and I urge my col- business on behalf of the commission. commission doing the job that the I do not know of really any other de- leagues to support H.R. 740. Democratic Congress wrote in the bill cisionmaking body in the Federal Mr. OWENS. Mr. Speaker, I yield in 1970, then vote ‘‘no.’’ structure where a minority of the Mr. Speaker I yield 3 minutes to my such time as he may consume to the members can make an affirmative deci- good friend, the gentleman from Geor- gentleman from New Jersey (Mr. AN- sion. I know of institutions where a mi- gia (Mr. PRICE). DREWS). nority can veto a decision, bit I am not Mr. PRICE of Georgia. Mr. Speaker, I Mr. ANDREWS. Mr. Speaker, I thank familiar with a situation where two once again want to commend the gen- my friend from New York (Mr. OWENS) members out of five could in fact act tleman from Georgia (Mr. NORWOOD) for yielding me this time. on behalf of the commission. I have a for his wonderful and excellent work in Mr. Speaker, I would be remiss if I concern about that as well. the area of worker safety and his real did not tribute my friend from New So for these reasons I would urge op- concern for making certain that the York (Mr. OWENS) for his years of advo- position to the bill. rules under which we ask businesses cacy for working people generally and Mr. NORWOOD. Mr. Speaker, I yield and employees to work are workable. in worker safety specifically. myself 1 minute. We are all interested in workplace Year after year, month after month, Mr. Speaker, the gentleman from safety. We have got to get that on the the gentleman from New York (Mr. New Jersey (Mr. ANDREWS), my good table as often as possible. We are all in- OWENS) has come to this floor and friend, and believe me he is, I want him terested in workplace safety. raised these issues with great clarity to be well aware that I am not cer- Now, the gentleman from California and passion, and we very much appre- tainly trying to hire two lawyers. You (Mr. GEORGE MILLER) made some very ciate his contribution in this area. can be certain of that.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00116 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15680 CONGRESSIONAL RECORD—HOUSE July 12, 2005 But we do think some legalese is ad- commission. Why should we increase er explosion that killed two workers visable on the commission. But being a the size of the commission when there and injured one. OSHA found 48 viola- lawyer is only one of three criteria. I is less work for it? It is part of the pat- tions during an investigation of that know that you know that. The other tern to chip away in every little way accident. In addition to the safety vio- part that I just want to mention to you and trivialize what OSHA is all about. lations that contributed to that explo- is that when we changed this commis- At the same time, the only parts of the sion, OSHA cited the company for al- sion to have five members so it actu- Department of Labor that are being in- lowing employees to work at heights of ally will work, if you have got a better creased are those parts that are aimed up to 50 feet without fall protection idea how to make a commission work at attacking organized labor, the orga- and for requiring employees to stand that is totally useless right now, with nizations that represent working fami- on a conveyor belt to remove jammed three members, of course I have always lies. We happen to know there is a logs without adequate protection been open to hear that, but we think great push on to drive the unions into against being caught in a machine. five may well do it; but it will take the ground with trivial audits, finan- It was not the first large fine against three members to form a quorum, not cial audits mostly, of petty cash, the that paper manufacturer. OSHA fined two. receipts for cab fare and receipts for the company $157,000 after an accident That is for sure. I appreciate you lunch. Various efforts are underway at had resulted in the double amputation bringing that up so I can clarify that. this point to force labor unions to de- of a worker. In 2000, the company had Mr. Speaker, I reserve the balance of fend themselves from bookkeeping er- paid $220,250 for 12 citations. The pat- my time. rors. tern goes on and on. Mr. OWENS. Mr. Speaker, I yield my- The same kind of zeal needs to be ex- The American workplace is not a safe self such time as I may consume. pressed in the way that OSHA is place. It becomes more complicated all Mr. Speaker, I want to sum up and staffed and manned to provide the the time. The new chemicals, new ma- repeat, because I think it deserves re- basic necessities to keep our workplace chines, and new challenges, the build- peating. First and most importantly, safe for our workers. ing of houses, buildings and facilities no one has really shown a need to in- Let us just discuss for a moment the at higher heights, for example all lead crease the size of the commission from 2,578 OSHA violations in Georgia in to complications. We talk about small three to five members. We find it very 2002. The Occupational Safety and businesses, and it is true that a large unusual that the majority party with Health Administration in 2002 issued number of construction businesses are great emphasis on saving dollars on an average of seven citations a day to small businesses. That does not make education and a number of much need- Georgia businesses that year. OSHA the work that their workers do any less ed programs, wants to waste a little found 2,578 violations of its rules dur- dangerous. The fact that they are a money on two additional members, cre- ing 1,481 inspections of companies oper- small business does not remove the ate a little bit more of a bureaucracy ating in Georgia and documented more fact that their workers must use scaf- by having two more members to make than 50 workplace deaths in that year. folding. Small business workers have a decision. Instead of five people, three In 2001, OSHA issued 2,962 citations, trenches that they dig. They are doing people can make this decision. more than eight a day, and 1,596 inspec- They have been functioning with work that is very dirty and very dan- tions in Georgia. So 2002 had improved three members since the creation in gerous. The workers in small construc- a bit from 2001. But I think it would be 1970. Why should it be any different tion firms deserve protection. good if Members got in touch with Small contractors are also the ones now? what is happening in their States and who are most likely to disobey immi- b 1530 in their districts. gration laws and have large numbers of Given the enormous deficit spending The Atlanta Business Chronicle docu- people who are illegal immigrants promoted by this Republican majority, mented this information in an article working in their facilities. And there- there is no real purpose in adding mem- published March 23, 2003. At that time, fore, I have noted before we have a no- bers and swelling the ranks. the Atlanta Business Chronicle had ticeable large number of deaths of im- Last but not least, I find it quite documented safety concerns in three of migrants in the construction industry. ironic also that my colleagues on the Georgia’s largest companies, the Home And this is not confined to Georgia or other side of the aisle want to tack on Depot Incorporated, the Georgia Pa- any one State. This spreads right the requirement that the commission cific Corporation, and United Parcel across the country. members have legal training. I think Service Incorporated. But as OSHA The employers of construction com- you have heard the expression that our records show, safety is a widespread panies know that they can save money colleague, the gentleman from Georgia concern among many Georgia compa- by disobeying the law and using illegal (Mr. NORWOOD), often makes about the nies. immigrants. So it has become a major government being over burdened with On February 24, OSHA issued a list of problem. Again, the working families lawyers. So I am surprised to hear that 14,200 U.S. facilities that had accident of America deserve better. the leaning of this bill as we read it and illness rates at twice the national We have come to the point where our would certainly require more appoint- average. The national average is about economy is compared to other econo- ment of lawyers or somebody similar three illnesses or injuries for every 100 mies in our global partnerships around to lawyers. There is no demonstrated workers that are serious enough to the world. We compare ourselves and need for such a requirement. There is cause employees to lose time from say, Oh, it is awful that we cannot no demonstrated need for this par- work. Included in OSHA’s list were 563 compete better with China. Well, China ticular addition to the bill. workplaces in Georgia, and more than was organized as a country which has The capacity of OSHA to produce 200 of them were in the Atlanta metro- dictatorship of the proletariat. Dicta- cases is steadily shrinking as a result politan area. Wal-Mart stores, the Na- torship of the proletariat meant work- of the steady chip-away strategy of the tion’s largest retailer, had the largest ers were going to be charge. All of the Republican majority. They have single number of Georgia facilities on unions in China are collapsing to the chipped away at the budget every year. the list, 11. Of the companies based in government. China produces a large OSHA is far smaller and far less effec- Georgia, United Parcel Service had the part of its consumer goods in prisons. tive than it was when the Republican most facilities on the list with 174 na- They produce a large part of their con- majority took power in the House. Cer- tionwide. sumer goods in factories where workers tainly that was accelerated when the Out of all the Georgia companies dur- are paid less than a dollar a day. Republicans took control of the White ing 2003, Durango-Georgia Paper Com- It is not useful for us to invoke the House as well as the House. pany in St. Mary’s was fined the most third world countries, the developing So OSHA is under attack in a way by OSHA. OSHA assessed Durango- countries and China—I do not know which produces less work for such a Georgia $258,000 after an August 19 boil- what China would be categorized as—

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15681 with exploiting companies and decide Republicans are suggesting that our ployers have nothing to lose by chal- that we ought to be more like that so laws are hurting American jobs and lenging those violations in court. we can be more competitive. Some al- productivity. How can that be so when The real losers under this legislation lege that one way we can be more com- we continue even now to push for are the American taxpayers, American petitive is to make the workplace less CAFTA that would outsource addi- workers, American families in this safe, by providing employers with a sit- tional jobs outside of this area, not to country, American people who work to uation where they do not have to worry mention many of the other jobs that make our country great. about workers’ safety. China—as a dic- we have lost? It is untrue. It is bad As you can see, all four bills are tatorship—can do what they want to enough that millions of Americans are antiworker laws, and the only way to with their workers. They can continue, being shipped overseas. We cannot af- justify them is to trump up charges as I pointed out, pay workers the low- ford to lose any more jobs. We have got that worker protection laws are cost- est possible wages, and they can also to keep them here in the United ing American jobs and hurting Amer- not spend any money on guaranteeing States. ican productivity. That is not true, be- worker safety. Now the Republicans want to weaken cause it is American families, Amer- So given the fact that we are on the the protection that exists for our Na- ican workers who have made this coun- floor for the second time in 2 years tion’s workers, our Nation’s workers, try great. We need to keep them here, with these four bills, it is an oppor- working families and others who de- and we need to protect them here in tunity for us to educate our colleagues serve the right. the United States. Last year, Republicans passed FCC as to the seriousness of the current sit- Mr. Speaker, I urge my colleagues to and ETI, a bill that gave tax breaks to uation in the American workplace oppose all four of these anti-OSHA companies that moved to China and today. We must be more sensitive to bills. India, and I state that, moved to China the fact that our working families are Mr. Speaker, I rise in opposition to H.R. 740 out there suffering. Our health care sit- and India. Half the time the consumers do not know who they are talking to and the other three OSHA bills under consid- uation does not get any better. We eration today. need to come to the rescue of private when they pick up the phone because they are from some other company. Republicans are suggesting that our laws enterprise in terms of their pension are hurting American jobs and productivity. funds collapsing. And their health care Republicans need to stop confusing people on the reason why jobs are leav- This is untrue. It’s bad enough that millions systems are so expensive that they are of American jobs are being shipped overseas. now calling for help from the governing the mainstream and are being sent to mainland China. We should put the Now Republicans want to weaken the few ment. protections that exist for our Nation’s workers. All of this is part of a threatening blame for losses in California and Last year, Republicans passed the FSC/ETI and more intimidating atmosphere across the country where it belongs, bill that gave tax breaks to companies that that mushrooms all the time against and I state where it belongs. They move to China or India. Republicans need to the interests of working families. And failed, the policies of this administra- stop confusing people on the reasons why the attack on OSHA, which is con- tion, the President’s so called compas- jobs are leaving Main Street and being sent to sistent, the harassment of OSHA, the sionate conservatism has cost us 3 mil- mainland China. downgrading of OSHA, the chip-away lion jobs, and I state, 3 million jobs. We should put the blame for job losses in erosive effect of OSHA is all part of That is American jobs that we could California and across the country where it be- that pattern. put on working families. Please end A Department of Labor which de- this compassion. longs: the failed policies of this administration. clares it has no money to really have Remember that it was the President The President’s so-called compassionate con- an OSHA that functions appropriately Bush’s top economic advisors who servatism has cost us 3 million jobs. Please is the Department of Labor which has claimed that sending American jobs end the compassion! managed to spend a great deal of overseas is a good thing. Well, we know Remember that it was President Bush’s top money on the faith-based initiative. it is not a good thing to American economic advisor who claimed that sending We noticed that large amounts of workers here and what it does to them. American jobs overseas is a good thing. Weakening American labor standards money from the Department of Labor Weakening America’s labor standards and and allowing American workers to be have gone to faith-based initiatives allowing workers here to be exploited as they exploited as they are in third world over the last few years, and that is a are in third world countries is not the solution. countries is not the solution. That type great mystery as to how that money That type of thinking would take boys and girls of thinking would put boys and girls out of the classroom and into the coal mine. was doled out, under what criteria was out of the classroom and into the coal it given to certain faith-based organi- These four bills are anti-worker and anti- mines? These four bills are anti-work- safety. They weaken health and safety laws zations. I think one got more than $1 er, and I state, anti-worker, anti-safe- million. It was on the front page of the and hurt American workers. ty, and they weaken the health and H.R. 739 weakens enforcement of health New York Times. The Department of safety laws. And they hurt the Amer- Labor had given a grant to one faith- and safety regulations by dragging out the ican workers and working families. date for imposing penalties. based group for more than $1 million, H.R. 739 weakens enforcement of the and we do not know what it is the DOL H.R. 740 weakens worker protections by health and safety legislation by drag- packing the commission with partisan ap- is doing here. This all happened right ging out the debate for imposing pen- before the November 2004 election. So pointees who agree with the President’s anti- alties. worker agenda. the Department of Labor is being used H.R. 740 weakens worker protection H.R. 741 will encourage frivolous challenges for some good purpose for some group by packing commissions with partisan to Labor Department rules and interpretations. or some persons, but it is certainly not appointees who agree with the Presi- And, H.R. 742 requires OSHA to pay attor- being used as the advocate for working dent’s anti-workers agenda, and I ney fees for employers that win cases against families. And today’s exercise is just state, partisan appointees who agree OSHA. However, those companies do not pay one more example of how the drum with the President’s anti-workers OSHA when they lose. Therefore, employers beat goes on. The effort continues to agenda. minimize and trivialize that which is H.R. 741 encouraged frivolous chal- have nothing to lose by challenging most vio- most important for working families in lenges to labor law rules and interpre- lations in court. this country. tation. H.R. 742 requires OSHA to pay The real losers under this legislation are Mr. Speaker, I yield such time as he attorneys fees for employers that win American taxpayers and American workers. may consume to the gentleman from cases against OSHA. As you can see, all four bills are anti-worker California (Mr. BACA). laws. The only way to justify them is to trump Mr. BACA. Mr. Speaker, I rise in op- b 1545 up charges that worker protection laws that position to H.R. 740 and the three other However, these companies do not pay are costing American jobs and hurting Amer- OSHA bills under consideration today. OSHA when they lose. Therefore, em- ican productivity.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15682 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Mr. Speaker, I urge my colleagues to op- have mentioned the fact that our envi- 100,000 employed were logging workers. pose all four of the anti-OSHA bills. ronmental laws and our safety laws Their occupation had 131.6 fatalities Mr. NORWOOD. Mr. Speaker, how and our minimum wage, that combina- per 100,000; fishers and related fishing much time do we have left on each tion, puts them at a disadvantage. So occupations had 115 deaths per 100,000; side? it is logical to conclude that part of and aircraft pilots and flight engineers, The SPEAKER pro tempore (Mr. the exercise today is to take away one 97.4 deaths per 100,000 employed. TERRY). The gentleman from Georgia of those disadvantages, to the degree it Very interesting that simple guys (Mr. NORWOOD) has 171⁄2 minutes re- can be accomplished. And if you have out there, fishers and logging workers, maining, and the gentleman from New to chip away at it with bills like this are in the same category as aircraft York (Mr. OWENS) has 41⁄2 minutes re- and remove worker safety as an ex- test pilots and flight engineers in maining. pense that has to be undertaken. This terms of deaths and injuries. So our Mr. NORWOOD. Mr. Speaker, I yield civilized nation was built by workers concern is universal, and the mission of 3 minutes to the gentleman from Kan- and the workers deserve to have a fair OSHA is important and should not be sas (Mr. TIAHRT). break. But those that want to reduce denigrated or trivialized by this kind of Mr. TIAHRT. Mr. Speaker, I thank us to the level of Third World nations legislation. the gentleman from Georgia for yield- or want to imitate China are going to Mr. NORWOOD. Mr. Speaker, I yield ing me this time and for his leadership. pursue the kinds of bills that we have myself the balance of my time. Mr. Speaker, we just heard about before us today. I do wish my friend, the gentleman how antiworker this legislation is, as So I want to just conclude with an- from New York (Mr. OWENS), would get well as the other three bills; but I other section from the report of the the AFL–CIO to send him talking would like to clarify a few things. This AFL–CIO, their annual report on work- points just on this bill. That is what we is not an antiworker agenda. What this er safety. I just want to read a few ex- have this hour for, to discuss this one does is simplify the rules that govern cerpts, which I think are excerpts that bill, where we actually are trying to OSHA. are important to educate our Members. make OSHA work. Now, there seems to be some thought More than 306,706 workers can now Now, I will go over it again. This is that this legislation is going to make say their lives have been saved since about an agency called OSHA that has it more dangerous for workers or that the passage of the OSHA Act in 1970. a review commission made up of three it is antiworker, and that is really not Unfortunately, too many workers re- people. This review commission was the case. What we are trying to do is main at risk. On average, 15 workers written into the law in 1970, written smoothly process the help that OSHA were fatally injured and more than into the law by a Democrat House and should be giving to employers for a safe 12,000 workers were injured or made ill Senate that simply said OSHA did not workplace. There is no economic ben- each day of 2003. These statistics do get to be the judge and jury. They do efit for employers or those who keep not include deaths from occupational have the right to set the standards. and create jobs in America to want in- diseases, which claim the lives of an es- They can write the regulations and en- jured workers. timated 50,000 to 60,000 workers each force the regulations, but they are not Quite the contrary. If a worker gets year. to be the final judge and jury. OSHRC injured on the job, their insurance According to the Bureau of Labor is. The review commission is. rates go up, there is loss of produc- Statistics, there were 5,559 workplace Now, what we find is the commission tivity, and quite often, small employ- deaths due to traumatic injuries in is not working. It does seem to me that ers especially, hire family members. 2003, which was a slight increase from some people do not want it to work. I The last thing they would want to do is the number of deaths in 2002, when 5,534 am not sure I know why, but to stay to go to the next family reunion and workplace deaths were reported. Wyo- with a bill that is 34 years old and just explain why their brother-in-law or ming, of all places, led the country like it is, thinking it is perfect, when their sister or some member of their with the highest fatality rate, 13.9 peo- we absolutely know that it is not. For family was injured on the job. ple per 100,000. The lowest State for the more than two-thirds of its existence, What we would like to see is a coop- fatality rate was 1.5 per 100,000, which this commission has been paralyzed by erative effort between the OSHA folks was reported in Delaware. frequent vacancies and often been un- and people who keep and create jobs in The construction sector had the larg- able to act. Two-thirds of the time in America, working together for a safe est, as I said before, the construction 34 years this commission has been un- work environment. One of the ways sector had the largest number of fatal able to act. For more than half of its you do that is you have the timely work injuries, 1,126 in 2003; followed by existence, it has had two or fewer processing of cases so that you do not transportation and warehousing, which members. For 20 percent of that time it have a backlog. This particular bill had 805 injuries; and agriculture, for- lacked even a quorum of two. would simply help that backlog be alle- estry, fishing and hunting, which had Now, why does the AFL–CIO or the viated. 707 injuries. Industry sectors with the labor bosses not want this to change? I This is a pro-worker piece of legisla- highest fatality rates were agriculture, do not know, but you misread it if you tion. It does more to keep and create forestry, fishing, and hunting, 31.2 per say working families do not want this jobs in America than anything I have 100,000 in hunting. Mining had 26.9 per kind of change. Because most working heard from the opposition both today 100,000. And transportation and families in this country are in small and for the balance of this year. So I warehousing, 17.5 per 100,000. business. And tell you the truth, many am very pleased to be supporting this So you can see we are not here just labor union members also have small piece of legislation. to talk in support of the blue States, businesses with their wives and some- I want to make the point that it is a the urban States, the Rust Belt States; times themselves as a second job. pro-worker agenda that we are moving but the rural areas are suffering quite You take it on yourself to tell us forward here because it will help us a bit also. The workers there—the what the majority party wants. Well, keep and create jobs in America. rural areas—suffer in terms of the this is simple what we want in this bill: Mr. OWENS. Mr. Speaker, I yield my- large number of fatalities in the work- We want a review commission at OSHA self such time as I may consume. place. that works. It is just that simple. We The two speakers prior to me have Transportation and material-moving do not want any more or any less. That raised the question of outsourcing, and occupations had the highest number of is all this bill is about. We believe hav- other people have challenged the rel- fatalities, 1,388, followed by construc- ing five commissioners will help aid evancy of that topic to this particular tion and extraction occupations, with that process. set of bills. Every statement I read 1,033 fatal injuries. The occupations of Mr. Speaker, I urge all our Members from industry complaining about the greatest risk of work-related fatalities to just simply come to the floor and re- competitive edge that other nations based on the number of fatalities per member what this is about. This is a

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15683 small tweak in a 34-year-old bill that is issued by the commission, and ask for tions. The commission was intended to not working, and it does not help any- its immediate consideration in the hold OSHA in check and ensure that it body. It does not help workers, and it House. did not abuse its authority. Congress does not help employers to not pass The Clerk read title of the bill. passed the OSHA law only after being this little thing to help this agency The SPEAKER pro tempore. Pursu- assured that judicial review would be work. ant to House Resolution 351, the bill is conducted by ‘‘an autonomous inde- Ms. JACKSON-LEE of Texas. Mr. Speaker, considered as having been read for pendent commission which, without re- I rise today to speak in opposition to H.R. 740, amendment. gard to the Secretary, can find for or a bill to amend the Occupational Safety and The text of H.R. 741 is as follows: against the employer on the basis of in- Health Act of 1970 by expanding the size of H.R. 741 dividual complaints.’’ the commission that hears OSHA appeals Be it enacted by the Senate and House of Rep- Congress even separated the commis- from three to five members. Supporters of the resentatives of the United States of America in sion from the Department of Labor. It measure argue that the panel has had dif- Congress assembled, was truly meant to be independent. ficulty meeting a quorum because of recusals SECTION 1. SHORT TITLE. The bill before us, the Occupational and vacancies. However, I would argue that This Act may be cited as the ‘‘Occupa- Safety and Health Independent Review the change would allow the current Adminis- tional Safety and Health Independent Re- of OSHA Citations Act, restores the tration to stack the board with pro-business view of OSHA Citations Act of 2005’’. original system of checks and balances members. SEC. 2. JUDICIAL DEFERENCE. intended by Congress when it enacted Many responsible employers are tired of Section 11(a) of the Occupational Safety the OSHA law, and ensures that the continually being underbid by unscrupulous and Health Act of 1970 (29 U.S.C. 660(a)) is commission and not OSHA would be and reckless operators that refuse to spend amended in the sixth sentence by inserting the party who interprets the law and before the period the following: ‘‘, and with anything on protecting workers’ lives or pro- respect to such record, the conclusions of the provides an independent review of moting public safety. Voting in favor of H.R. Commission with respect to questions of law OSHA citations. 740, could potentially erode a basic respect that are subject to agency deference under Now, let me try to put this in simpler for human life. We must remember that work- governing court precedent shall be given def- terms. If you are stopped by a police of- ers killed on the job are someone’s son or erence if reasonable’’. ficer and issued a citation for speeding, daughter, husband or wife, and/or father or The SPEAKER. The amendment in would you want the same police officer mother. Unlike other victims of crime, their the nature of a substitute printed in to be your judge and jury and decide lives are often seen as expendable. As a the bill is adopted. whether you are guilty? Of course you Mexican Consular officer said: ‘‘Too many em- The text of the committee amend- would not. And unfortunately for small ployers don’t see these people as human ment in the nature of a substitute is as businesses today, the law is ambiguous beings.’’ Bereaved family members suffer fur- follows: and it is vague. Since 1970, the separa- ther upon discovery that federal law denies H.R. 741 tion of power between OSHA and the them justice. If H.R. 740 is allowed to pass, Be it enacted by the Senate and House of Rep- review commission has become increas- we would be allowing the current Administra- resentatives of the United States of America in ingly clouded because of legal interpre- tion to stack the board with pro-business Congress assembled, tations, mostly argued by OSHA in ef- members. I urge my colleagues to oppose the SECTION 1. SHORT TITLE. forts to expand its own authority. passage of H.R. 740. This Act may be cited as the ‘‘Occupational b 1600 Mr. NORWOOD. Mr. Speaker, I yield Safety and Health Independent Review of back the balance of my time. OSHA Citations Act of 2005’’. Congress intended there to be a truly The SPEAKER pro tempore. All time SEC. 2. INDEPENDENT REVIEW. independent review of disputes between for debate has expired. Pursuant to Section 11(a) of the Occupational Safety and OSHA and employers, and when a dis- House Resolution 351, the previous Health Act of 1970 (29 U.S.C. 660) is amended by pute centers on OSHA’s interpretation question is ordered on the bill, as adding at the end the following: ‘‘The conclu- of its authority, Congress intended the amended. sions of the Commission with respect to all ques- independent review commission, not The question is on the engrossment tions of law that are subject to agency deference the prosecuting agency, OSHA, to be under governing court precedent shall be given the final arbiter. H.R. 741 restores this and third reading of the bill. deference if reasonable.’’. The bill was ordered to be engrossed commonsense system of checks and and read a third time, and was read the The SPEAKER pro tempore. The gen- balances. third time. tleman from Ohio (Mr. BOEHNER) and Small businesses are the real engine The SPEAKER pro tempore. The the gentleman from New York (Mr. of job growth in this country, and we question is on the passage of the bill. OWENS) each will control 30 minutes. should be helping them, not hindering The question was taken; and the The Chair recognizes the gentleman their progress. Last week, the Depart- Speaker pro tempore announced that from Ohio (Mr. BOEHNER). ment of Labor reported that more than the ayes appeared to have it. GENERAL LEAVE 3.7 million new jobs have been created Mr. OWENS. Mr. Speaker, on that I Mr. BOEHNER. Mr. Speaker, I ask since May 2003. We want to make sure demand the yeas and nays. unanimous consent that all Members that onerous government regulations The yeas and nays were ordered. may have 5 legislative days in which to do not hamstring small businesses’ The SPEAKER pro tempore. Pursu- revise and extend their remarks on ability to continue to hire workers and ant to clause 8 of rule XX, further pro- H.R. 741, the bill now under consider- compete in our economy. That is an- ceedings on this question will be post- ation. other reason why all of these OSHA re- poned. The SPEAKER pro tempore. Is there form bills are important. f objection to the request of the gen- The measure before us is a narrowly tleman from Ohio? crafted, commonsense bill that address OCCUPATIONAL SAFETY AND There was no objection. a specific problem in the OSHA law. It HEALTH INDEPENDENT REVIEW Mr. BOEHNER. Mr. Speaker, I yield passed the House last year and deserves OF OSHA CITATIONS ACT OF 2005 myself such time as I may consume. the support of all of our Members. Mr. BOEHNER. Mr. Speaker, pursu- Mr. Speaker, the third bill we will de- Mr. Speaker, I reserve the balance of ant to House Resolution 351, I call up bate today is another narrowly crafted my time. the bill (H.R. 741) to amend the Occupa- bill that addresses a specific problem Mr. OWENS. Mr. Speaker, I yield my- tional Safety and Health Act of 1970 to we found in the OSHA law. self such time as I may consume. provide for judicial deference to con- In 1970, when it created OSHA, Con- I want to make my comments on this clusions of law determined by the Oc- gress also created the Occupational bill very briefly. Essentially, H.R. 741 cupational Safety and Health Review Safety and Health Review Commission weakens the fundamental policy of the Commission with respect to an order to independently review all OSHA cita- Secretary of Labor while enhancing the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00120 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15684 CONGRESSIONAL RECORD—HOUSE July 12, 2005 powers of the OSHA commission. Such mourning. Their families would not be moved, and it just could not hold itself. action would create two divided regu- in mourning. And it fell, crushing them to death in lators and a great deal of confusion. We have all observed with awe the the process. The Secretary of Labor is best able to marvelous photos of construction The question really is, why did it regulate and enforce safety standards, workers sitting on I-beams swinging fall? Incredibly, its feet were not tied and as such, the authority should re- above some of our Nation’s major cit- down. And people knew that. People in main with her. This is just plain com- ies. High above New York City is one the company knew that. There are in- mon sense. I urge my colleagues to photo that comes to mind, as we ad- ternal memos that show that they vote ‘‘no’’ on H.R. 741. mire the skill and the daring of these knew that. We do not need more confusion. More Americans who put their lives on the But though the accident occurred confusion is only a way to trivialize line every single day. These over a year ago, the State of Ohio, that and make OSHA less effective. tradespeople indeed build America. I I view as an accomplice in this willful Mr. Speaker, I would like to turn my cannot think of a citizen in our coun- manslaughter, will not release inspec- attention to an issue that should be of try that does not respect their prowess tion records. OSHA will not permit its great concern to all Members of this and their skill. inspector general at the Department of body in relation to this particular sub- Well, the worst construction accident Labor to give us the pre-accident inject, and that is worker deaths and se- in the history of the State of Ohio oc- spection reports. So, who was on site? rious injuries. Between 5,000 and 6,000 curred in our city on February 16 of Who was not on site? Who should have American workers are killed on the job last year. It occurred on a Federal inspected? Who did not? every year by willful and negligent project, a Federal project that I had Moreover, there seems to be an issue safety violations on the part of errant authorized and that has been being of whether the Federal Government employers. I have talked about that al- built now for several years. I was so had responsibility to inspect a ready. The surviving family members proud when we passed that legislation. ‘‘launching Gantry crane’’, which is a killed by corporate wrongdoing deserve I said this is going to be a Federal specialized type of crane, that is, much more than just our sympathy, project which is going to be built with- whether OSHA really had responsi- however. They deserve immediate con- out one death, and we worked for al- bility for inspecting launching Gantry gressional attention and action. most 21⁄2 years to sign a safety agree- cranes as opposed to other types of Instead of considering these bills to ment with each of the trades involved cranes. weaken OSHA, we should be strength- in this project and with the major com- Another major wrinkle, is that this ening provisions of the Occupational pany and the State of Ohio. It was dif- particular crane, and there were two of Safety and Health Act. We should be ficult to bring them all to the table. I them, was made in Italy, not the considering a bill like H.R. 2004, the said I did not want this to be another United States. The crane was imported. Protecting America’s Workers Act, Mackinaw. I did not want dead men at The men were a little uncomfortable which I introduced on April 28 to coin- the base of another river. Instead, I with that. They generally build their cide with Workers’ Memorial Day, a hoped we would build this project and own cranes and then build bridges day set aside every year to honor work- demonstrate respect for those doing using those cranes. Yet the State of ers killed on the job by safety viola- the work. Ohio assured the workers that it was of tions. Joining me as cosponsors of H.R. Well, on February 16, 2004, these four equal measure to any crane built in the 2004 are the gentleman from California men lost their lives. Several others United States. But there seems to be a (Mr. GEORGE MILLER), the gentleman were seriously injured on this job. little stickler in the OSHA regulations from New Jersey (Mr. ANDREWS), the Crushed to death on this job were iron- that OSHA may not equally regulate gentleman from Massachusetts (Mr. workers Mike Phillips, age 42; Arden foreign imported cranes to the same LYNCH), the gentlewoman from Con- Clark, age 47; Mike Moreau, age 30; and standards expected of U.S. made necticut (Ms. DELAURO), the gentleman Robert Lipinski, Jr., age 44. cranes. They are not held to the same from Maine (Mr. MICHAUD), the gentle- I cannot tell Members what it was standard. Hmmm, why would that be? woman from California (Ms. WOOLSEY), like to go to the funeral of each of I tried last month during the markup the gentleman from Texas (Mr. GENE these men. How poignant, how unfor- of the Labor, Health and Human Serv- GREEN) and the gentlewoman from gettable to be with those families fol- ices appropriations bill to include sim- Ohio (Ms. KAPTUR). The bill will hold lowing an accident I know could have ple report language in that bill, which those who commit corporate man- been prevented. But, yes, there were is never denied to a member of this slaughter accountable at the same people in this city, people in our cap- House, merely asking the Department time it reinforces critical health and ital of Columbus, people in that com- of Labor’s Occupational Safety and safety protections for workers nation- pany who did not care, who simply did Health Administration to gather all wide. not care. records relating to the inspections that Mr. Speaker, I yield such time as she One of the men who lost his life, his should have been done on the job, or may consume to the gentlewoman from nickname was Bubba, Bubba Lipinski, lack thereof, prior to the accident and Ohio (Ms. KAPTUR) to give us an exam- he was such a magnificent man. He to provide them to the public record as ple of the seriousness of the situation. weighed about 320 pounds. He was not well as to provide any communications Ms. KAPTUR. Mr. Speaker, I thank heavy-set; he was just strong. He was that have occurred with the U.S. De- the gentleman for yielding me this op- about 6 feet 6. When I walked into the partment of Justice related to this ac- portunity and take great privilege in funeral home, his casket was the size of cident. This was denied to me as an coming to the floor today to place into a child’s casket, a mountain of a man, elected representative of the people of the public realm a concern that is crushed to death. my district. It was denied to me by the deep-seated in the city of Toledo and Joe Blaze, the President of the Local Republican majority of this House, by the State of Ohio which I am so hon- Ironworkers observed, ‘‘What happened the Republican majority of my com- ored to represent. will affect our community for genera- mittee, and by the Republican leader of It in fact deals with corporate man- tions.’’ The local paper, The Toledo the committee that is on the floor slaughter. I stand today to oppose any Blade, reported, ‘‘Workers told inves- today. weakening of OSHA statutes, and sup- tigators the crane’s rear legs,’’ this is, I am angry. I am very angry. They do port the Owens bill to strengthen the crane that fell, ‘‘were held up with not want any oversight. They want the worker safety and protection. For, in 14 inches of shims and no anchors in weaker OSHA regulations. They do not fact, if those protections had been in the footers while each front leg had care about these men. They do not care place, the men I am going to tell Mem- shims in only one of only two an- about their families. bers about today would not be dead. chors.’’ The workers were literally I have asked the majority to hold Our community would not be in crushed when this million-ton crane oversight hearings regarding OSHA’s

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00121 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15685 action or inaction in this I–280 Federal with the company—to make work on and women to conduct aggressive over- interstate highway accident. No word the project move even faster when the sight. The State of Ohio, as the yet. No word yet on their willingness workers were a year and a half ahead of contractural agent for the federal gov- to agree for a request for a hearing. schedule? Who knew those footers were ernment, fell asleep on its oversight. Surely the Congress has an oversight not tied down, both at the front and The fact there are 4 dead men, and a responsibility in a matter as serious as back ends of the launching Gantry half dozen injured is grim testament to this one. crane? Did OSHA purposely not inspect that. OSHA’s Midwest office has ruled what is termed a launching Gantry I have appealed already to our Com- there was willful negligence on the job. crane? Did OSHA not inspect nor re- mittee on Education and the Workforce And for reasons not completely under- quire equal standards on a foreign to hold hearings into this tragedy in stood, although they ruled willful neg- made crane similar to one that is made Ohio. The hearings ought to be held in ligence, they had to change the ruling. in the United States of America? Ohio. It is my hope that, in spite of the The ruling has now been changed. We actions being taken today, there might b 1615 do not know who changed the ruling. be some accountability, some con- We want to know that. Now it has been Why did I have to jump start the ne- science out there that asks—no, that termed ‘‘unclassified’’. It has gone gotiation of a safety agreement before demands—that this Congress act on be- from willful negligence, or corporate construction started? Why did OSHA half of the mothers and the fathers and manslaughter, to unclassified. What not do that? Why did the U.S. Depart- the wives and the children and every does that mean? ment of Transportation not do that? single person in our community that It probably means that as the indi- Why did the State of Ohio not do that? goes under that bridge every day or vidual court cases move forth locally, The State of Ohio has got their head in looks at that construction project, all somehow civil litigation is going to be the sand. Those in charge are hiding in the people that still lay wreaths at the affected by a careful dance of words. Columbus somewhere under the side- site, they are numerous, all the pray- How absolutely cruel. Cruel. We talk walk. You cannot even find them. Here ers, all the offerings, all the memories about being pro-life. You are looking at we have the largest transportation that are there forever. a pro-life Member, and every one of project in Ohio history with criminal I want to say to my colleague from those lives means everything to us. manslaughter, and they are all taking New York, Mr. OWENS you have my They went to work faithfully. They the duck. strongest support on your bill. I am so worked hard. They did magnificent Why is this Congress undermining sorry that I have to come here to the work. I was up on that bridge last win- what little authority OSHA ever had? floor today and speak these words that ter. It was blasted cold up there and What are we doing here? And who are I know, for the families back home, is windy. I represent the Saudi Arabia of we doing it for? Fru-Con, the major so very hard to listen to. But I feel it wind up there on Lake Erie. They went contractor? They have been responsible is my responsibility as the only voice to work in 32 degrees below zero. It was for five deaths in the last year at two they have got here. I want to say to the so cold with that wind factor. different project sites. That is quite a ironworkers union, if I can hold my Now guess how much OSHA is able to record. composure, you deserve a lot better fine the company, and this is a $300 We have now been told OSHA has not than this. You serve us with great dis- million to $400 million project, how developed a standard or promulgated a tinction. We value the lives of your much is OSHA able to fine the com- rule stating that foreign-manufactured members and the faith that they put in pany and others responsible for this se- cranes, like this one, must equal or ex- us to protect them. Some of us take rious loss, a total of $70,000 for each ceed U.S. safety standards. Who is re- this obligation as a sacred obligation. lost life. $70,000 for each lost life? That sponsible? On whose hands does the We salute them. is travesty. For 4 lost lives, OHSHA blood of these men lie in this House? Mr. BOEHNER. Mr. Speaker, I yield will impose a fine totalling $280,000 on On whose hands does it lie? I have a myself such time as I may consume. a $300 million-plus project. That equals pretty good idea. Recommendations for My colleague from Toledo clearly a fine of .0009% . . . almost embar- such a standard were made nearly a laid out what was a tragedy in her rassing were it not so wrong. And, the year ago but not acted upon. Why not? community with regard to the four money goes to the U.S. Treasury; it Why not? Why has this Congress not gentlemen who lost their lives in this does not even go to the victims’ fami- demanded and implemented as soon as accident. This accident continues to be lies. What kind of country is this? possible these regulations? Or made under review by OSHA. We hope that What kind of shop are we running here? meeting U.S. standards a condition of OSHA will get to the bottom of what Well, in my opinion, in cases of such eligibility for Federal funding? There did happen, and, more importantly, gross negligence and criminal man- is a serious abdication of responsibility who was responsible. I do not think it slaughter, there should be more than here. We were always taught in school, serves those families, the community civil damages and OSHA fines. there are sins of commission and there or any of us to point fingers and to lay Our chief of police who is a very are sins of omission. Both sides of the blame without facts. To my knowledge measured man said these men were ledger you are accountable for. Here at this point, this particular case is murdered. There is criminal wrong- there is a serious abdication of respon- still under investigation. There are doing here. You know the amazing sibility by the U.S.—an ommission, a still lots of details to be gleaned. And thing about our law, though this is a purposeful omission. The inept Depart- when this picture becomes clearer, we $300-plus million transportation ment of Labor caused the deaths of can then take a course of action that project, I cannot even dedicate a few these men, as well as those in this Con- in fact may be appropriate. But I am percentage points to give money to our gress that would seek to weaken OSHA waiting for this review and this inves- local county prosecutor to investigate and gave no value to their lives. tigation to continue. the nature of the negligence get to the These men died, in my view, because But the point here is that the bill bottom of this. The Department of of the apparent willful negligence of that we are debating would actually, I Labor does not allow it. The Depart- our U.S. Department of Labor and the think, assist in making the determina- ment of Transportation does not allow office of safety and health within it tion about who is guilty, because by it. How do we find out what happened? that was supposed to be set up to pro- making it clear that the review com- My questions are, where was OSHA? tect their lives as well as their allies mission should hear these cases and Who was investigating and who was in- here in the Congress who are com- can adjudicate these cases, you can specting on site? Where was the State pletely undermining worker safety make a determination about who was of Ohio Department of Transportation? laws, They have abdicated their re- right and who was wrong by an inde- Where was their inspection? Why did sponsibility not just as lawmakers but pendent commission, not by OSHA they sign an acceleration agreement as human beings to their fellow men itself.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00122 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15686 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Mr. Speaker, I yield such time as he I am in this town and in this body, I to keep American businesses competi- may consume to the gentleman from am going to try to correct it. tive without sacrificing workplace Georgia (Mr. NORWOOD). H.R. 741 simply states that deference safety and health protections. The four Mr. NORWOOD. Mr. Speaker, I would shall be given to the reasonable find- bills that we are considering today will like to start by saying that neither ings of the commission in accordance establish basic principles of fairness, this bill nor the other three weaken with the governing court precedents as reduce regulatory burdens and expedite OSHA. We designed these bills to help Congress originally intended. In the administrative reviews that will in- OSHA. Part of the problem is that this 108th Congress, most of us understood crease business productivity among 34-year-old bill has been changed by ac- this was important: 224 voted for it; 204 America’s small businesses. I want to tivist judges, it has not been reviewed against. I know that the union bosses thank the gentleman from Georgia for or looked at in 34 years in any sense, are against anything we do, anything his vision and hard work on all these and these simply bring fairness back that might possibly help the majority issues. into the equation. As you can imagine, of citizens in this country who are in In 1971, OSHA was created to ensure 34 years ago, we had an OSHA bill that small business. Lord, they are always a safe and healthy workplace for work- was drawn up by a Democratic House against it. But those of you who care ers throughout the Nation. However, and a Democratic Senate that was very about union members, think about the bureaucracy has led OSHA to de- fair, just a little tilted in one direc- them on these votes. Don’t worry about velop an adversarial relationship with tion, and we are trying to undo that the union bosses. They are going to our small businesses, defying common tilt just a little bit so finally, finally, contribute to you, anyway. Think sense, good government principles and maybe we can get OSHA to work with about the workers. They are the folks congressional intent. In order to successfully create a safe work environ- the small business community to ben- who would appreciate this kind of leg- ment, OSHA must be cooperative, not efit the workers. islation. confrontational or punitive. People The Occupational Safety and Health Mr. BOEHNER. Mr. Speaker, I am who own and operate businesses do not Independent Review of OSHA Citations pleased to yield 5 minutes to the gen- want dangerous workplaces or injured Act restores congressional intent tleman from Kansas (Mr. TIAHRT). workers. They want to do the right where the operation of the Occupa- Mr. TIAHRT. I thank the gentleman thing, and OSHA should be there as a tional Safety and Health Review Com- from Ohio for yielding me this time, guide and resource, cooperatively mission is concerned. It just puts it and I appreciate the leadership that he working for a safer work environment. back like it was 34 years ago. It got has presented to this Congress on mak- Unfortunately, this is simply not what knocked out of whack with activist ing America more competitive in the is happening with OSHA. judges. When the Occupational Safety world economy. This is particularly true in the resi- Mr. Speaker, this week, Congress em- and Health Act was passed, the only dential construction industry where reason it passed was a last-minute barks on an important agenda to make OSHA seemed to unfairly target small compromise to create an independent America more competitive in the glob- homebuilders in Sedgwick County, review commission. If you do not be- al marketplace. Over the next several Kansas. In June of 2003, I was contacted lieve me, you do not have to. Go read weeks, the House will pass significant by a group of homebuilders in Wichita the testimony. It is exactly what hap- legislation as part of the Republican who were frightened by the prospect of pened in the seventies. Congress’ competitiveness agenda. Glo- having to stop working in order to It is clear in the legislative language balization is not something we can ig- avoid fines from OSHA. These constitu- of the OSH Act that Congress empow- nore, nor is it something we can stop. ents told me OSHA was planning to ered the commission to interpret ambi- As Thomas Friedman says in his book, fine builders for plastic cups on stairs guities under the act. This, however, The World is Flat, globalization is a re- and for workers’ failure to wear has been undermined by legal interpre- ality of our world today. How Congress earplugs while operating a wet vac. tations that did not consider congres- deals with this reality will determine While seemingly minor issues to most sional action at the time. I would whether America remains the domi- of us, these fines, which some in the think all of us would want them to nant economic superpower or whether community claimed could be as high as consider what we in Congress did. we are relegated to a second-class $50,000, would effectively put small Mr. Speaker, the OSH Act empowers economy. businesses out of business. OSHA to inspect and propose citations America’s businesses and workers While OSHA claimed these reports for violations of safety and health have the skills and talent to compete were exaggerated, there is no way I can standards. The commission’s responsi- and succeed in the global economy exaggerate the impact OSHA’s hos- bility is to review contested citations when given the opportunity to succeed. tility and excessive regulation can and render judgment. OSHA’s responsi- Unfortunately, over the past 40 years, have on the still-recovering Wichita bility is to make up the rules and en- Congress has constructed barriers to economy. In the case of these small force the rules. But they should not sit competitiveness. This institution now construction companies, OSHA chose in judgment of their own rules. That has a responsibility to break down surprise visits, ill-conceived compli- can never be fair to anybody. The Con- these barriers and allow workers and ance guidelines and an adversarial de- gress in 1970 understood that, and we businesses to prosper. This week of the meanor to achieve everyone’s goal of a are going to fix that in OSHA some- competitiveness agenda is dedicated to safer, more secure workplace. The re- time very soon. Congress did not in- eliminating bureaucratic red tape. sults were that many small contractors tend for OSHA to create the regula- Over the years, regulation after regula- in my area of the country were forced tions, enforce them, and then turn tion has been levied upon our busi- to stop working in order to avoid un- around and interpret them. I would nesses, hindering their growth and de- fair fines which could have been as compare OSHA’s role to a prosecutor, velopment. Some of these regulations high as $7,000 per infraction, no matter and the commission’s role to a court. have proved helpful, but far too often how insignificant. Under this approach, Congress never intended that OSHA these policies work simply to constrain OSHA was doing more to hurt employ- should also be the judge and jury. This our businesses from effectively com- ees than to help them, threatening the is the commission’s role. peting and thereby keeping our work- ability of the men and women of the Unfortunately, that position has ers from earning the best wages and residential construction to make a liv- been undermined by other court cases, benefits. OSHA is an excellent example ing. That is why I am a strong sup- cases that did not directly deal with of a good idea poorly executed that porter of the gentleman from Georgia’s safety and health law, for pity’s sake, now hinders our businesses and work- OSHA reform legislation, including which suggested that deference should ers. H.R. 741. This is important piece of leg- be given to OSHA instead. In my view, The gentleman from Georgia (Mr. islation would establish an independent this must be corrected, and as long as NORWOOD) has been a leader in the fight review of OSHA citations.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15687 The American political structure is H.R. 741 restores the original intent make local headlines. They only know based on a system of checks and bal- and the original system of checks and about them locally. And they go on in ances, Federal and State, the execu- balances that was intended by Con- different parts of the country because tive, legislative and judicial branches. gress. Read the bill. What does it say? we are not aware of the seriousness of However, OSHA currently acts both as All it says is: ‘‘The conclusions of the the situation. The fact is that much of the prosecutor and the judge for the Commission with respect to all ques- what happens in one area can be pre- disposition of OSHA citations. Not tions of law that are subject to agency vented from happening in another area only is this inherently unfair and in- deference under governing court prece- if we would just address those serious consistent with our political system, dent shall be given deference if reason- issues. the structure of the Occupational Safe- able.’’ That is it. That is all it says. Every year in New York City, for ex- ty and Health Review Commission does What does it mean? It means that the ample, a number of unprotected con- not live up to congressional intent. review committee will be the inde- struction workers are killed by free- As the gentleman from Georgia has pendent committee and the commis- falls from buildings and collapses of eloquently explained, when Congress sion that Congress intended originally. faulty scaffolds and concrete walls. Al- established the OSHRC, it was designed Very simple common sense. most 8 months ago in Walnut Creek, to be an independent judicial entity to I urge my colleagues to adopt H.R. California, a gas pipeline explosion provide proper and nonbiased review 741. killed five workers, and badly injured and adjudication of OSHA citations. Mr. OWENS. Mr. Speaker, I yield my- four others. The list goes on and on. self such time as I may consume. We welcome this opportunity to get b 1630 Mr. Speaker, the critical question is on the record from both the Members This independent citation is criti- what more important things should we of Congress and the American people cally important to the integrity and be doing? This commission bill which the fact that these things are con- fairness of OSHA. Restoring this inde- creates confusion, to our knowledge, is tinuing—this steady rate of somewhere pendence will help OSHA and the work- still not sanctioned by the administra- between 5,700 and 6,000 workers dying ers it serves. tion or the Secretary of Labor. Why each year—and it has been going on too I support the competitiveness agenda are we putting such great amounts of long. Why not address the fact that for America, and I support eliminating time and energy into proposing new this is something that can be stopped? bureaucratic red tape, and I support powers for this commission when there We can change the death rate by hav- the gentleman from Georgia’s (Mr. are other more important things that ing a more effective OSHA instead of NORWOOD) OSHA reform legislation. we ought to be addressing? playing around the edges, as these four Mr. BOEHNER. Mr. Speaker, I yield 3 And the statement by the gentle- bills are doing. minutes to the gentleman from Geor- woman from Ohio (Ms. KAPTUR) was all In the words of a New York State Su- gia (Mr. PRICE), a member our com- related to what other important things preme Court justice, these worker mittee. should we be doing. Why can we not deaths in New York were not simply Mr. PRICE of Georgia. Mr. Speaker, have hearings when there is a major ‘‘random accidents’’ but rather, and I once again I want to commend the accident with four men being killed am quoting the judge here, ‘‘tragic cer- chairman of the committee for his under the circumstances they were tainties.’’ ‘‘Tragic certainties.’’ The wonderful work in this area and com- killed in Ohio? Why can we not call in workers died as the direct result of mend the gentleman from Georgia (Mr. OSHA and demand that there be an ex- some employer’s willful safety viola- NORWOOD) for keeping this issue alive pedited investigation? Why are citations or serious negligence. What is as he has tried to enact these appro- tions allowed to be unclassified? This even more reprehensible is that too priate reforms. committee, the Committee on Edu- often, and in the specific worker death Once again from the opposition we cation and the Workforce, has over- cases I just referred to, the employers have heard some very interesting sto- sight over the work of the Department responsible for these fatalities are re- ries. But the problem is they do not of Labor and OSHA. Why can we not peat safety offenders. have anything to do with the bill. I am get better answers? Why can we not In a forum I held last year entitled, reminded of the newspaper correction consider my bill, H.R. 2004, the Pro- ‘‘Jobs to Die For: Inadequate Enforce- column, that column that is on page 5 tecting America’s Workers Act, which ment of U.S. Safety Standards,’’ I or 6 or 10 or 12. We need a correction will call for penalties for corporations heard from the grieving parents of 22- column right here. The misstatements who are guilty of the kind of neglect year-old Patrick Walters. Patrick was and the untruths by the opponents that led to the deaths of the four work- buried alive on June 14, 2002, working would be amusing if this were not so ers in Ohio? on a sewer pipe in a 10-foot trench. Pat- doggone important. Even by conservative estimates, 15 rick had spoken before about his fear of We are not interested in dismantling workers in this country will be killed being suffocating because he was re- OSHA. We are interested in improving on the job today, July 12. They will be peatedly sent down into the trenches workers’ safety. I rise to support H.R. killed due to serious safety lapses on without any protective equipment and 741, and I want to once again bring us the part of their employers. Why are without a metal trench box. We have a back to the magnitude of the issues we we wasting our time playing around picture of Patrick here. He is the are talking about. Small business, 99.7 with the adjustment of a commission young man at the top tier of the poster percent of all business is small busi- when these workers deaths are still to my right. ness; and 75 percent of all new jobs are going on in America? I mentioned Patrick’s employer be- hired in the small business sector. I spoke earlier about the fiery explo- fore, Moeves Plumbing, with respect to Have my colleagues ever been up sion some 3 months ago at the BP H.R. 739. I did this because Moeves against Big Brother? Ever been up plant in Texas City that killed 15 work- Plumbing is a repeat safety offender. against Big Brother? OSHA’s budget is ers and injured more than 100 others. The firm has been the subject of 13 $468 million; 2,200 employees; 1,100 in- This happened three months ago. It is OSHA inspections since 1989. Patrick spectors. OSHA is Big Brother. And the not ancient history. Why has this com- died only weeks after OSHA had cited analogy has been used here, but what if mittee with jurisdiction not examined Moeves Plumbing for willful trenching Big Brother were the prosecutor and that explosion more closely here in violations. When OSHA settled the case the judge and the jury? Unfair? Unfair? Washington? I had also previously of Patrick Walters’ death with Moeves You bet. That is the current system. mentioned the bridge collapse in To- Plumbing, however, they changed the That is the current system under ledo, which the gentlewoman from willful violation to an ‘‘unclassified’’ which we are working. OSHA is the Ohio (Ms. KAPTUR) discussed in greater one. Have we heard that before today? prosecutor, it is the judge, and it is the detail. Unclassified, just as they did in the jury. And that was not the intent. That Many other cases of worker deaths, case of Ohio. It was not a willful viola- was not the intent. equally as tragic and preventable, only tion, but an unclassified violation. A

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15688 CONGRESSIONAL RECORD—HOUSE July 12, 2005 weak OSHA, a corrupt OSHA changed workers. They don’t want to hold ac- Mr. Speaker, I want to commend the it to ‘‘unclassified.’’ Without a willful countable any employer whose willful New York Committee on the Safety violation, the Solicitor of Labor would or grossly negligent safety offenses kill and Health, NYCOSH, joined by COSH not recommend criminal prosecution of workers. The opposition to holding committees in other States, for launch- Moeves Plumbing. As Patrick’s parents such bad actors accountable does not ing a national campaign against cor- told me last year: ‘‘We need to get even waver in instances where a num- porate killing. This grassroots cam- some stiffer penalties and some muscle ber of workers are killed by the same paign will alert workers and the wider behind it, or Moeves’ company is going safety violations over a 5- or 10-year public about the importance of ensur- to kill another child again. They will. period. The opposition also does not ing employers do not place profits It’s only a matter of time.’’ waver no matter how many workers above basic safety measures at the ex- Patrick’s parents, who still live in are killed by an employer’s egregious pense of workers’ very health and lives. the Cincinnati area, continue to see safety offenses. This is a serious business that this Moeves employees working inside I am heartened, however, by the fact committee ought to be about. This is a trenches without any cave-in protec- that yesterday’s ‘‘Inside OSHA’’ re- serious business that ought to be on tions. As Patrick’s father told a reports that Senator ENZI from Wyo- the floor today. This grassroots cam- porter in March of 2005, March of this ming, who chairs the Health, Edu- paign says what Congress should also year, about the owner of Moeves cation, Labor and Pensions Committee, be saying, that it is important to en- Plumbing: ‘‘She’s killed two people supports stiffening criminal penalties sure that employers, that bosses do not now, and she’ll probably kill two peo- for health and safety violations that place profits above basic safety meas- ple again. It’s obvious she’s not listen- kill workers. As I understand it, Sen- ures at the expense of workers’ health ing to what OSHA is telling her.’’ ator ENZI and I might differ on the and lives. Under the current OSHA Act, the maximum penalty for corporate man- Mr. Speaker, the time for the Pro- maximum penalty any employer can slaughter, but we agree on the need to tecting America’s Workers Act is now. receive for causing the death of a work- make this a felony offense. Although we have been making er, considered a misdemeanor, is 6 I believe Senator ENZI would prefer progress and making the American months in prison and a $10,000 fine. Six to see a maximum prison sentence for workplace safer in prior administra- months in prison and a $10,000 fine. Un- a first offense set at 18 months, where- tions, that progress has stalled, and we like surviving relatives of other crime as my bill would set the maximum at need to act immediately in a serious victims, family members of workers 10 years, in accordance with standard manner and stop the kinds of adjust- killed on the job are left without any criminal law. Senators KENNEDY, ments that are taking place in the bills victim services or assistance under cur- CORZINE, and others introduced the that are on the floor today. rent law. They even lack a voice in any Protecting America’s Workers Act on Mr. Speaker, I yield back the balance OSHA investigations of their loved the Senate side; and they agree with of my time. ones’ deaths. They also lack any voice setting the maximum penalty for cor- Mr. BOEHNER. Mr. Speaker, I yield in OSHA’s subsequent negotiations porate manslaughter at the 10-year myself the balance of our time. with culpable employees over the mark. Mr. Speaker, having been an em- downgrading of initial citations and Mr. Speaker, the Protecting Amer- ployer, I realized early on that the fines tied to the worker fatalities. ica’s Workers Act would also extend greatest asset in my business were the By stiffening criminal penalties for OSHA coverage to millions of workers people who work for me. And having those found guilty of blatant safety who currently lack the protection of worked every job known to man grow- violations that result in worker deaths, workplace safety and health laws. ing up, I know that the people I worked the Protecting America’s Workers Act Among others, these include public em- for realized that the greatest asset will make other employers think twice ployees in a number of States and lo- they had in their business were their about ignoring basic health and safety calities, certain transportation work- workers. When it comes to the protec- rules that risk workers’ lives. H.R. 2004 ers such as flight attendants, and a tion of workers, I believe that all em- incorporates in its entirety the provi- number of Federal workers, as well as ployers are interested in trying to pro- sions of a bill I introduced last year, those in public/private entities such as tect their employees. and that was called the Workplace the Nuclear Regulatory Commission. Congress, in 1970, passed the OSHA Wrongful Death Accountability Act. Moreover, this act provides stronger Act, putting in statute a set of laws, Both bills would make it a felony of- protections for any worker who reports rules and regulations about the protec- fense to kill a worker and provide for a safety and health violations of an er- tion of American workers. And over term of no more than 10 years in pris- rant employer. the last, really the last 7 or 8 years, we on. A felony offense to kill a worker, have made great progress in reducing and there will be a term of no more b 1645 workplace accidents, illnesses and than 10 years in prison. For a second This bill requires OSHA to inves- deaths, because OSHA, at the prodding offense, the maximum term for a cul- tigate any workplace incident that re- of many of us, began to work more co- pable employer would be 20 years in sults in the death of a worker or the operatively with employers around the prison. Fines would be set in accord- hospitalization of two or more workers. country. I have been to many work ance with title 18 of the U.S. Code, At the same time, it gives surviving sites in my own district where vol- which is standard practice for all other family members of workers who are untary protection programs have been criminal matters. killed greater participation rights in instituted and have been signed off by In other legislative matters, every- OSHA’s workplace investigation and OSHA that allow employers and their one agrees that holding people ac- penalty negotiation process with the employees to work cooperatively in countable by such means as stiffened respective employers responsible for order to have a safer workplace. And penalties serves a critically important these fatalities. Moreover, it prohibits the results, the results are pretty deterrent purpose. We are often on this OSHA from downgrading willful cita- clear. If you look at, over the last 5 floor talking about the need to not be tions in worker fatalities, downgrading years, the rate of illness, workplace in- soft on crime, to come with the hardest them to this ‘‘unclassified’’ category. juries, and deaths has continued to de- possible punishment as a deterrent. They should not be categorized as ‘‘un- cline precipitously. We are making real Yet I know that there are many on the classified’’ ever again. progress. So I would continue to urge other side of the aisle who are abso- Last, but not least, this bill that I OSHA to work with employers and lutely allergic to what I am proposing propose strengthens workplace preven- their employees to help create the here, the prospect of holding account- tion efforts by requiring employers to safer workplace that all of us want. able any employer whose willful or cover the costs of personal protective Now, the bill before us simply says grossly negligent safety offenses kill equipment for their employees. that there ought to be this independent

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15689 review of the decisions that OSHA munity, lawyers, journalists, and personnel of ‘‘(1) is the prevailing party in any adver- makes, that OSHA as the policeman, as other government entities. To ensure that sary adjudication instituted under this Act, the prosecutor, as the judge and the these individuals are safe and protected on and jury, is not fair to American workers ‘‘(2) had not more than 100 employees and the job, OSHA and its State partners have ap- a net worth of not more than $7,000,000 at the or their employers. And we believe that proximately 2,100 inspectors, including com- time the adversary adjudication was initi- when Congress created OSHA in 1970, plaint discrimination investigators, engineers, ated, they believed, and it is clear in the leg- physicians, educators, standards writers, and shall be awarded fees and other expenses as islative language and in their intent, other technical and support personnel spread a prevailing party under section 504 of title that they believed that there would be over more than 200 offices throughout the 5, United States Code, in accordance with an independent review commission country. This staff establishes protective the provisions of that section, but without making these decisions. All we do in standards, enforces those standards, and regard to whether the position of the Sec- this bill is to make clear that it is reaches out to employers and employees retary was substantially justified or special Congress’s intent and that OSHA will, through technical assistance and consultation circumstances make an award unjust. For purposes of this section the term ‘adversary in fact, abide by the law as it was writ- programs. OSHA has proven that it is com- adjudication’ has the meaning given that ten. mitted to doing its job and the Labor Depart- term in section 504(b)(1)(C) of title 5, United So I would urge my colleagues to ment should continue to have the authority to States Code. support the underlying bill today. interpret OSHA regulations. ‘‘(b) PROCEEDINGS.—An employer who— Ms. WOOLSEY. Mr. Speaker, I rise in oppo- I urge my colleagues to oppose H.R. 741. ‘‘(1) is the prevailing party in any pro- sition to H.R. 741. Instead of working to Mr. BOEHNER. Mr. Speaker, I yield ceeding for judicial review of any action in- strengthen OSHA standards, my Republican back the balance of my time. stituted under this Act, and colleagues have presented yet another piece The SPEAKER pro tempore (Mr. ‘‘(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the of legislation aimed to weaken it by under- REHBERG). All time for debate having expired, pursuant to House Resolution time the action addressed under subsection mining the clout of the Secretary of Labor. (1) was filed, 351, the previous question is ordered on The Secretary of Labor should be the final shall be awarded fees and other expenses as authority on how OSHA law is interpreted, and the bill, as amended. a prevailing party under section 2412(d) of this bill undermines the Secretary’s authority The question is on engrossment and title 28, United States Code, in accordance . . . giving the Commission too much latitude. third reading of the bill. with the provisions of that section, but with- The Secretary of Labor needs an unbiased The bill was ordered to be engrossed out regard to whether the position of the group of peers during the appeals process. If and read a third time and was read the United States was substantially justified or the Commission’s authority on the interpreta- third time. special circumstances make an award unjust. tion of OSHA law trumps the Secretary of The SPEAKER pro tempore. The Any appeal of a determination of fees pursu- question is on the passage of the bill. ant to subsection (a) of this subsection shall Labor, what legal basis would the Secretary be determined without regard to whether the have to appeal a decision with which he/she The question was taken; and the Speaker pro tempore announced that position of the United States was substan- disagrees? tially justified or special circumstances The Commission’s role is to fact-find and re- the ayes appeared to have it. Mr. OWENS. Mr. Speaker, on that I make an award unjust. view while the Secretary of Labor is the en- ‘‘(c) APPLICABILITY.— demand the yeas and nays. forcer. If the Commission becomes both the ‘‘(1) COMMISSION PROCEEDINGS.—Subsection The yeas and nays were ordered. (a) shall apply to proceedings commenced on fact-finder and the enforcer, the employee The SPEAKER pro tempore. Pursu- cannot be ensured protection from bias. This or after the date of enactment of this sec- ant to clause 8 of rule XX, further pro- tion. legislation undermines the entire appeals proc- ceedings on this question will be post- ‘‘(2) COURT PROCEEDINGS.—Subsection (b) ess. It is unnecessary and not in the best in- poned. shall apply to proceedings for judicial review terests of the employer or the employee. commenced on or after the date of enact- f If the administration was really interested in ment of this section.’’. helping workers, it wouldn’t be focusing on OCCUPATIONAL SAFETY AND The SPEAKER pro tempore. Pursu- these unnecessary semantics in the law. But HEALTH SMALL EMPLOYER AC- ant to House Resolution 351, the gen- instead, it would be granting workers some- CESS TO JUSTICE ACT OF 2005 tleman from Ohio (Mr. BOEHNER) and thing they really need, like increased minimum Mr. BOEHNER. Mr. Speaker, pursu- the gentleman from New York (Mr. wage or stricter penalties for employers that ant to House Resolution 351, I call up OWENS) each will control 30 minutes. ignore safety regulations. I urge my colleagues the bill (H.R. 742) to amend the Occupa- The Chair recognizes the gentleman to join me in supporting real worker reforms, tional Safety and Health Act of 1970 to from Ohio (Mr. BOEHNER). not legislation promoting the erosion of worker provide for the award of attorneys’ fees GENERAL LEAVE protections. and costs to small employers when Mr. BOEHNER. Mr. Speaker, I ask Mr. Speaker, the administration’s priorities such employers prevail in litigation unanimous consent that all Members are wrong, and I urge my colleagues to join prompted by the issuance of a citation may have 5 legislative days within me in opposing H.R. 741. by the Occupational Safety and Health which to revise and extend their re- Ms. JACKSON-LEE of Texas. Mr. Speaker, Administration, and ask for its imme- marks on H.R. 742. I rise today speak in opposition to H.R. 741, diate consideration in the House. The SPEAKER pro tempore. Is there a bill to amend the Occupational Safety and The Clerk read the title of the bill. objection to the request of the gen- Health Act of 1970 by requiring judges in The text of H.R. 742 is as follows: tleman from Ohio? OSHA appeals cases to give more weight to H.R. 742 There was no objection. the commission’s decisions than to Labor De- Be it enacted by the Senate and House of Rep- Mr. BOEHNER. Mr. Speaker, I yield partment regulators. Supporters argue the leg- resentatives of the United States of America in myself such time as I may consume. islation would codify the intent of the 1970 Oc- Congress assembled, Mr. Speaker, the fourth bill we will cupational Safety and Health Act (PL 91–596). SECTION 1. SHORT TITLE. debate today is another narrowly craft- However, I would argue that the measure This Act may be cited as the ‘‘Occupa- ed bill that addresses a specific OSHA would violate a 1991 Supreme Court ruling tional Safety and Health Small Employer problem. In short, we strongly believe that gave the Labor Department priority in in- Access to Justice Act of 2005’’. that small businesses that face terpreting OSHA regulations. SEC. 2. AWARD OF ATTORNEYS’ FEES AND COSTS. meritless OSHA enforcement actions The Occupational Safety and Health Act of Nearly every working man and woman in 1970 (29 U.S.C. 651 et seq.) is amended by re- should not be prevented from defending the Nation comes under OSHA’s jurisdiction designating sections 32, 33, and 34 as sections themselves simply because they cannot (with some exceptions such as miners, trans- 33, 34, and 35, respectively, and by inserting afford it. portation workers, many public employees, after section 31 the following new section: The Occupational Safety and Health and the self-employed). Users and recipients ‘‘AWARD OF ATTORNEYS’ FEES AND COSTS Small Employer Access to Justice Act of OSHA services include: occupational safety ‘‘SEC. 32. (a) ADMINISTRATIVE PRO- levels the playing field for small busi- and health professionals, the academic com- CEEDINGS.—An employer who— nesses and encourages OSHA to better

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15690 CONGRESSIONAL RECORD—HOUSE July 12, 2005 assess the merits of a case before it and this measure will help ensure that dicial or administrative proceedings, brings unnecessary enforcement ac- OSHA carefully considers the merits of even when OSHA was ‘‘substantially tions to court against small businesses. its case before they bring an enforce- justified’’ in issuing its initial cita- Under current law, the Equal Access to ment action. tions. Now, they say, still, they are not Justice Act allows small business own- The measure before us is, again, nar- trying to chip away at the effective- ers to recover attorneys’ fees if the rowly crafted and a commonsense bill ness of OSHA, destroying OSHA bit by owner successfully challenges a cita- that addresses a specific problem in the bit. OSHA would have to pay out of its tion. However, if OSHA can establish OSHA law. It passed the House last own budget. Whereas, under the other that its enforcement action was ‘‘sub- year and deserves the support of all of circumstances that are similar, U.S. stantially justified’’ or the result of our Members. Treasury funds are used. Thus, any ‘‘special circumstances,’’ small busi- Mr. Speaker, I reserve the balance of time an OSHA staffer conducts an in- nesses can be refused attorneys’ fees my time. spection and discovers serious safety even if OSHA loses the case in court. Mr. OWENS. Mr. Speaker, I yield my- violations, that inspector would have Historically, the law’s ‘‘substantially self such time as I may consume. to second-guess himself or herself. justified’’ and ‘‘special circumstances’’ Mr. Speaker, this is the worst of all b 1700 standards have made it easy for OSHA of the OSHA bills before us today. It to prevent recovery under this broad would treat OSHA differently than any OSHA’s inspectors will be forced to standard, so attempts by small busi- other Federal agency. Under the Equal perform many mental gymnastics, try- ness owners to recover costs often ex- Access to Justice Act, if any agency’s ing to predict whether a citation, no acerbate the financial harm caused by position is not ‘‘substantially justi- matter how justified, might have the OSHA’s dubious enforcement actions. fied,’’ the government must pay the op- slightest chance of being adjusted or Let us look at some of the facts. In posing party’s attorneys’ fees. This bill overturned on a technicality in review 2004, OSHA cited 86,708 violations based says OSHA must pay attorneys’ fees to proceedings. on its nearly 40,000 workplace inspec- a prevailing employer, even if OSHA’s Mr. Speaker, Members of both sides tions. Yet, how many applications were actions were reasonable. Under this of the aisle agree that under its cur- filed for attorneys’ fees against OSHA bill, OSHA will find itself paying the rent budget and staffing configuration, in 2004? That number is four. Yes, ex- attorneys’ fees of repeated safety viola- it would take OSHA 108 years, 108 years actly four. How many were granted? tors whose penalties were reduced on a to inspect all of the workplaces in Three. Three. Moreover, for the last 25 technicality. America. years, only 1 year has seen more than The real-life example of an employer Now, H.R. 742 would have the effect ten applications filed for attorneys’ by the name of Eric Ho in Houston il- of tying the hands of OSHA inspectors fees against OSHA. Now, when you lustrates the problem here. Eric Ho behind their own backs, causing them compare that number to the more than hired undocumented workers and ex- to analyze each and every citation in 80,000 OSHA violations cited every posed them to high levels of asbestos, the most serious minute detail. year, you start to wonder. We heard and this represents the kind of case In a sense this bill calls for OSHA in- testimony in our committee on this that could not be tolerated by OSHA. spectors and supervisory staff to be- issue, and what we found is that the Even after a city worker issued a stop- come forecasters. They will be required law’s ‘‘substantially justified’’ and work order, Eric Ho secretly had the to predict any and all possible sce- ‘‘special circumstances’’ standards workers stay on the job. Eric Ho’s narios in which a specific citation have made it easy for OSHA to deny workers ate at the site. They worked might be reversed on a technicality. In small businesses the ability to recover throughout the night, and some even the meantime, the founding purpose of attorneys’ fees. slept at the site. Ho then directed the OSHA, to assure, quote, ‘‘every work- What these numbers tell us is that workers to tap into what would prove ing man and woman in the United small businesses can already see the to be a gas line, and there was an ex- States safe and healthful working con- writing on the wall. They know that plosion which resulted in one conditions,’’ that would be more or lose OSHA has the upper hand, and if the tractor and two workers being seri- forgotten. prospect of recovering attorneys’ fees ously injured. In the end, OSHA cited Mr. Speaker, there are Members on is as bleak as it appears, then why Eric Ho for ten serious violations and the other side of the aisle who would fight the citation at all? Small employ- 29 willful violations. In turn, Eric Ho have us believe that every OSHA in- ers should not be forced to knuckle challenged OSHA and a divided OSHA spector is like police inspector Javert under to OSHA citations and settle up review commission eventually down- in Victor Hugo’s famous novel ‘‘Les front when they know and believe that graded Eric Ho’s citations. Although Miserables.’’ they are innocent. This measure sim- Eric Ho was sentenced to prison in a These Members compare every busi- ply forces OSHA to carefully evaluate prosecution led by the Environmental ness owner to Hugo’s noble character the merits of its cases against small Protection Agency, because they had Jean Valjean, hounded by OSHA’s employers before they bring the case. If jurisdiction also. Eric Ho violated the Javertian inspector for having inno- OSHA’s case is weak, and they bring Clean Air Act and H.R. 742 would recently slipped up on one point, one the case anyway, then the agency will quire that this man, who had been con- miniscule point of an obscure and ar- have to pay attorneys’ fees, and rightly victed by one Federal agency, be chaic OSHA safety rule. so. awarded attorneys’ fees because of In turn, those Members refuse to ac- Employers face relentless competi- OSHA’s actions. OSHA would have to knowledge the relevance of another tion every day in the face of high award attorneys’ fees to Eric Ho. In great novelist, Charles Dickens, who taxes, rising health care costs and bur- this instance, H.R. 742 would use tax- captured bleak scenarios in which densome government regulations. The payer funds to reimburse a convicted greed led the owners of blacking fac- last thing they need is a meritless felon on OSHA technicalities. tories to subject child workers to inhu- OSHA-related litigation that could Under the Equal Access to Justice mane and life-threatening conditions. take years to resolve. Last week, the Act, when a Federal agency is not sub- In reality, we do not have to turn to Labor Department reported that more stantially justified and cites an em- 19th century novels to enlighten us on than 3.7 million new jobs have been ployer and the employer prevails in ju- workplace safety conditions in this created since May of 2003. We want to dicial proceedings, the employer is re- country. We need merely turn to the make sure that onerous government imbursed for his attorneys’ fees and ex- last year’s astounding New York Times regulations do not hamstring small penses by the U.S. Treasury funds. investigative series on worker deaths businesses’ ability to continue to hire Under this bill, H.R. 742, OSHA would by David Barstow. new workers and compete in our econ- be required to reimburse from its own Reporter Barstow reminded us all omy. Frivolous litigation kills jobs, budget an employer who prevails in ju- that someone harassing a wild burro on

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00127 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15691 Federal lands in 2004 would get a stiffer years, OSHA’s total EAJA awards have where OSHA has done something arbi- penalty, that is up to a year in prison, been less than $10,000. This simply does trary or unreasonable, but not been than an unscrupulous employer whose not make sense in light of all of the called on it, not been caught at it. willful safety violations resulted in the complaints that we hear from our One could draw a very different set of death of a worker. small business constituents. We have conclusions from that record. It could As I have repeated several times dur- to promote a level playing field for all. draw the conclusion that in the vast ing today’s debate, that employer’s That should be our motive. majority of the cases, even when they malfeasance could result in a sentence The message that we have to make lose, their claims are reasonable; and of no more than 6 months in jail. How- clear to the small businesses is, if you the adjudicator and finder of fact in ever, if Mr. Barstow were to write his need to, you can fight OSHA and win, law has found that although OSHA is series this year, he would have to alter and your victory will involve no bur- wrong, they were not acting in a vin- the comparison slightly. It is not, I am den. dictive or unreasonable way. This is a afraid, that we are doing a better job of Mr. Speaker, no one wants OSHA to consistent principle across the board in holding errant employers accountable be using taxpayer money to pay attor- Federal law. for serious safety offenses. Rather, it is neys’ fees instead of enforcing the law. If a Federal agency brings a case that because a provision in the Omnibus Ap- That is not the purpose of this bill. But is vindictive or unreasonable or pat- propriations Act enacted at the end of we do care to ensure that OSHA will ently unfair, then they are in fact re- the 108th Congress repealed the protec- think twice before pursuing expensive sponsible to pay the attorneys’ fees of tion of wild burros and horses on Fed- and time-consuming litigation in cases the accused party. But if they bring a eral lands. with no merit. case that is just wrong, but not unrea- So it is a different scenario; but still Mr. OWENS. Mr. Speaker, I yield sonable, where reasonable people could workers are no better off, I assure you. such time as he may consume to the disagree before the case was brought as Mr. Speaker, I reserve the balance of gentleman from New Jersey (Mr. AN- to whether it was right or wrong, then my time. DREWS). they do not have to pay the attorneys’ Mr. NORWOOD. Mr. Speaker, I yield Mr. ANDREWS. Mr. Speaker, I rise in fees, and it is for a very good reason. 2 minutes to my friend, the gentleman opposition to this bill. If the principle It is because there are judgment calls from Puerto Rico (Mr. FORTUN˜ O). that prosecutors have to make, there Mr. FORTUN˜ O. Mr. Speaker, I am in this bill were applied to U.S. attor- are judgment calls that enforcing agen- quite pleased to have the opportunity neys across the country, we would have today to address my colleagues and a crime wave like you would not be- cies have to make, and we do not want argue all to support the four OSHA lieve. If prosecutors had to be sure they to chill that judgment by saying, we bills that are being discussed today. At were going to win every time they will bring the case if you are sure that this point I would like to particularly brought a case, they would bring very you are going to win. I am glad that address the importance of H.R. 742. few cases. And that is the flaw in this the Securities and Exchange Commis- This bill narrows the target to a very bill. sion is not going to be held to this specific goal, fairness. By permitting There are four kinds of results when standard, because if every time some- small employers to defend themselves OSHA brings an action. The first is the one on Wall Street were accused of against OSHA’s superior litigation po- result when OSHA is right, when they stock fraud, the SEC had to say, well, sition when they believe that they are win on every question. And this bill are we sure we are going to win before right, we are both creating conscious- does not affect that situation. we bring this case, the cases of stock ness about the values and needs of oc- The second is the mixed result where fraud that we have seen would be far cupational security and health among OSHA wins some and loses some, where more rampant than we have seen in re- employers and simultaneously pro- some of the charges that they make cent years. moting responsibility to our regulatory are downgraded, others are dismissed, I am glad that other agencies, the agency at the moment of acting. and others are upheld in their entirety. mine safety agency is not held to this Reality is that many small busi- As I read this legislation, Mr. Speaker, standard. You know, the basic question nesses simply do not have the rein that case, it is indeed possible, per- here is whether we want to so chill and sources to compete against OSHA’s haps likely, that OSHA would be held corrode the enforcement powers of the team of legal experts and are forced to responsible for paying the attorneys’ agency that we want to wipe them out ‘‘surrender’’ just because of the eco- fees of the defendant or accused party all together. I just do not think that nomic burden that litigating a case in that case. makes any sense. will have on their company. The third kind of case OSHA brings I think a far more sensible course It is not a matter of having a strange is one where OSHA loses on all counts, would be to examine the existing legal or poor case. It all comes down to the but the claim was not unreasonable, provisions as to whether they go far amount of time and money that liti- where they made a judgment call and enough, whether they are properly ad- gating represents for them. We cannot they thought they were right, but the ministered; but to make this wholesale allow our regulatory agencies such as adjudicator, the court, the decision- change is to say to OSHA, unless you OSHA to take advantage of their supe- maker made a different decision. are sure you are going to win, do not rior position and by doing so affect an Well, in that case, it is obvious under bring the case. important part of our national econ- this bill that OSHA would be respon- You know, every lawyer is asked by omy. sible for the counsel fees of the accused every client at some phase of the liti- I personally have been informed by party. gation, am I going to win? Clients want the Puerto Rico Chamber of Commerce The fourth kind of case is the case to know this. And competent, honest that the main frustration among small where OSHA brings a case that is un- lawyers usually give an answer that employers is the unfair advantage that reasonable, that is arbitrary and capri- says, I am not sure. I can give you the OSHA has when pursuing litigation cious. Under present law, under such probabilities. I can give you the cir- against a small company even when circumstances, OSHA is responsible for cumstances under which I think we can the case is without merit or on shaky the counsel fees and attorneys’ fees of win, and the circumstances under legal ground. the accused party. which I think we would not win. And a But, in fact, it is not news. Congress Now, our friends on the other side sensible client decides whether to go clearly recognized this problem when it say, well, this has been rarely invoked. forward or not. passed the Equal Access to Justice Act. I believe they said there are three cases OSHA should have the same degree of Still, this act just does not work when in recent years, in a long time, where discretion. If it abuses that discretion, it comes to OSHA law. this has been invoked. And they draw it should be punished. If it does so on a In 2003, OSHA collected over $82 mil- from that the conclusion, Mr. Speaker, consistent basis, we should change the lion in penalties; but in 12 of the last 20 that there must be many, many cases law. But I believe there is no record

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00128 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15692 CONGRESSIONAL RECORD—HOUSE July 12, 2005 that would demonstrate that conclu- ployer who is often pressured into set- Mr. KUCINICH. Mr. Speaker, I thank sion, and I think that this proposal tling with OSHA despite the fact that the gentleman from New York (Mr. would seriously corrode the ability of the company believes it has done noth- OWENS) for his defense of workers this much needed agency to protect the ing wrong. rights. working people of the country. I would b 1715 I rise in strong opposition to H.R. 742 urge both sides to cast a ‘‘no’’ vote on and to any bill that seeks to weaken this bill. This legislation is needed because the OSHA at a time when we should be Mr. NORWOOD. Mr. Speaker I yield Equal Access to Justice Act has not strengthening it. I further want to say myself such time as I may consume. been effective in redressing unfair cita- that I think the passage of this bill Mr. Speaker, I always enjoy fol- tions for small business owners. Some sets a dangerous precedent because lowing my friend, the gentleman from people think that is not true. We think what we would be doing effectively is it is true. The numbers of cases filed New Jersey (Mr. ANDREWS). I love to undermining OSHA, not only discour- hear his debate, and I respect it. But I under EAJA are few and far between. aging it from performing its statutory just think he is wrong about this. Why? Because OSHA can easily claim mission of making sure that the work- that the citations were justified. Under We are not chilling anybody. What place is safe, but also setting the stage EAJA this is all they need to do. we are telling OSHA is you be darn for depriving OSHA of any revenues In fiscal year 2004, small businesses careful before you drag people into were awarded only $11,585 by OSHRC. that it would need to be able to enforce court or force them to pay the citation Witnesses before the Committee on the law. because they simply cannot go to It also occurs to me that there is a Education and the Workforce have de- court. question of the constitutional rights of scribed the economic calculus small They can take anybody to court any- workers here, that since OSHA is given businesses make where settling OSHA time they want to under this bill. But cases is concerned. What was the com- rather exclusive jurisdiction to protect they better be right more often than mon theme? It is cheaper to settle with the rights of workers and to enforce they are wrong, and that is not nec- OSHA than it is to fight, win and file workplace safety standards, that work- essarily the case. So many of the cases for attorneys fees. That is wrong. Occa- ing people would in effect be deprived we never hear about because the poor sionally, some businessmen cannot of due process of law and equal protec- small business owner simply has to pay stand it. They just cannot stand what tion of the law. So it seems to me there the citation because he knows that the OSHA is doing to them, and they are are constitutional issues here at stake attorneys’ fees are going to be 10 times willing to pay a lot of money to go to as well. more than the citation. court, a lot more money than the cita- The core mission of OSHA is to pro- In hearings before my subcommittee tion to prove that they were not wrong. tect workers by enforcing safety stand- in the last Congress, we heard testi- But not everybody can do that. ards. This bill will undermine that mis- mony from several witnesses about set- Mr. Speaker, my bill is simply not a sion. It will alter OSHA’s ability to en- tling citations with OSHA rather than new concept. I would like to point out force, and it will leave workers in dan- contesting citations, even though the that in 180 other areas Congress has ger. The latest numbers from the Bu- employer felt the citation was dead provided fee-shifting statutory ar- reau of Labor Statistics show a rise in wrong. rangements for attorneys fees. This in- deaths of American workers on the job. Why is this a continuing theme? I do cludes the Fair Labor Standards Act, In 2002, 5,524 workers were killed due to not even have to be in Congress to hear the Americans with Disabilities Act, injuries on the job. By 2003, that num- this. I know about this kind of thing and numerous other laws. H.R. 742 sim- ber had risen to 5,575. In 2003, 4.4 mil- going on in my area all of the time. I ply levels the playing field for small lion, 4.4 million non-fatal workplace would argue that since it is too hard to employers by encouraging OSHA to injuries were also reported. challenge OSHA and its attorneys, and better assess the merits of the case be- Let us remember what OSHA is: the fact that you are challenging the fore bringing the full force and power OSHA is the Federal cop on the work- entire taxpayers of the country and the of the United States government in place safety beat. H.R. 742 will discour- use of their dollars, an employer sim- their litigation against a small busi- age OSHA from enforcing the laws ply cannot afford to go to court to ness. If you think that is not scary, against dangerous workplaces. Instead, prove that they are right because of you ought to try it some time. OSHA will spend its time weighing the the cost. This measure passed the House, odds of winning against the costs to its Does this remind any of you that thank goodness, last year in the Con- budget if it loses. have been in business about hearing gress with bipartisan support, 223 to H.R. 742 would require OSHA to pay from any of your friends with the IRS? 194. I urge my colleagues, in particular attorneys fees in any case which it They do the same thing. They just beat my Democratic friends who have small does not prevail. This would discourage you to death and make you pay what- businesses in their district, I urge them settlements which save both time and ever they want you to pay and you can- to vote for all four of these bills. I money and in effect leave businesses not go to court to defend yourself. know it has been hard to tell what we with little or no reason to not contest The Occupational Safety and Health have been talking about today because charges. Small Employer Access to Justice Act, there has been so much superfluous Imagine if Congress were to consider would award attorneys’ fees to small conversation going on not concerning a bill to require police departments to businesses that successfully challenge these four bills. But these are four sim- pay attorneys fees of a criminal dean OSHA citation. They need to know ple, commonsense, fair bills that small fendant charged with reckless what they are doing before they drag business in this country need. endangerment merely because they people into court. They need to be Mr. Chairman, I reserve the balance were acquitted or found guilty of a right. of my time. lesser charge. Would this House sup- They will not be every time. It may Mr. Chairman, how much time report that? The question answers itself. cost them sometimes. But that is bet- mains? Why support H.R. 742 which, in effect, ter than not ever allowing a small busi- The SPEAKER pro tempore (Mr. does this same thing? The Nation’s nessman to be able to defend himself in WALDEN of Oregon). The gentleman workplaces will be more dangerous and court. The legislation defines a small from Georgia (Mr. NORWOOD) has 19 more lawless if the changes made by business as one with 100 employees or minutes remaining. The gentleman this bill are passed. This bill was de- less and with a net worth of not more from New York (Mr. OWENS) has 18 signed to weaken enforcement of work- than $7 million. minutes remaining. place safety laws and to in effect steal This is a very limited definition. This Mr. OWENS. Mr. Speaker, I yield 6 from exploited Americans the protec- very limited definition will award at- minutes to the gentleman from Ohio tion from injury and the justice they torneys’ fees to the very small em- (Mr. KUCINICH). deserve. This legislation will severely

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00129 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15693 handicap OSHA, the Federal workplace Small Employer Access to Justice Act. torney fees is refused if OSHA can es- safety force, by discouraging it from And I read it that way in the quotes for tablish that the citation was substan- citing employers unless the agency is a purpose. The gentleman from Georgia tially justified or that special cir- completely certain it will win. (Mr. NORWOOD) mentioned earlier that cumstances led to the issuance of cita- This legislation will endanger Ameri- we have heard language today that tions. This loophole means that small cans, the vast majority of whom work ranged on a wide variety of subjects, businesses are saddled with costly at- for others to make a living. They work and I am not sure at all that they were torneys fees regardless of their inno- in factories, in shops, in hospitals. talking about the issue before us cence. They work in nursing homes and in today. Small business owners who believe schools. They are not the bosses who This legislation that is before us now that they have not violated any law decide if and how businesses will obey is one of four bills under consideration are faced with a difficult question. the law. Instead, they face the con- today which reflects the commitment Should I simply pay the fine or risk sequences of those decisions, and they of the gentleman from Georgia (Mr. possibly incurring greater costs and at- live and die by those decisions. They NORWOOD) and me and my colleagues to torneys fees by challenging this cita- need strong workplace safety laws and improve the effectiveness of OSHA reg- tion? vigorous enforcement. They need to ulations and changes the environment No small business owner should face have H.R. 742 to feed it. that has hindered U.S. employers from such a choice, especially if he or she is Current law already permits small creating and keeping more jobs. wrongly accused. Small business that businesses to recover litigation costs I have listened to language today have violated health or safety laws when the government position was not earlier this afternoon on these four should be fined. It is important that substantially justified. In the year 2000, bills that talked about us losing mil- workers should be protect. But small 97.7 percent of all private establish- lions of jobs to China and elsewhere. business owners that have not broken ments had less than seven employees The purpose of the legislation that we any laws should not be drained by large and such establishments have a higher are talking about today is to, in fact, attorneys fees that they have accrued rate of occupational fatalities than es- help create and keep jobs here in Amer- in order to contest the citation. tablishments of more than 100 workers. ica. I will repeat what my friend from I ask Members to support the OSHA The fundamental question that faces Georgia said earlier today, that the reform and in particular H.R. 742 so this House here is, do workers have OSHA Small Employer Access to Jus- that a fair legal environment can be rights to fair compensation when they tice Act levels the playing field for created for small businesses owners. are hurt on the job? Because this is not small business owners and encourages Mr. OWENS. Mr. Speaker, I reserve just about workers; it is about the OSHA to better assess the merits of a the balance of my time. American family. Does a breadwinner case before it brings unnecessary en- Mr. NORWOOD. Mr. Speaker, I yield have the right to be protected in the forcement actions to court against 2 minutes the gentleman from Georgia workplace? Do we have an obligation small business. (Mr. PRICE). as a Congress to ensure a safe work- Loopholes in the current law make it Mr. PRICE of Georgia. Mr. Speaker, I place? That is really the question that possible for small businesses to be de- have come down on these four bills and we are deciding here today. We are act- nied attorneys fees, and as my friends I have come for a variety of reasons, ing as though the interest of business said, therefore, not even take the case but one main reason is to make those and the interest of workers is somehow to court because they simply cannot corrections that are so necessary with divided. The interest should be the afford to defend themselves against a the arguments on the other side. same. case brought against them by OSHA. We have heard, why can we not have Workplace safety should be the high- This exacerbates the financial harm investigations? Why can we not con- est criteria. We should not give up on called by OSHA’s sometimes dubious sider another bill? Why can we not do workplace safety because of some odd enforcement actions and discourages this or that? notion that OSHA should pay if it small business owners from seeking the Well, these are all interesting ques- brings a proceeding that is not upheld restitution which rightly belongs to tions but they have nothing to do with in a higher jurisdiction. We as Mem- them. By closing this loophole, we en- this bill. The hyperbole from the oppo- bers of this House will pay a price if we sure it is in everyone’s best interest. sition has been remarkable. fail to uphold workers’ rights, if we fail Mr. NORWOOD. Mr. Speaker, I yield b 1730 to uphold the rights of a safe work- 2 minutes to the gentlewoman from Il- place, if we fail to uphold the right to linois (Mrs. BIGGERT). The contention, they would say, is fair compensation if someone is injured Mrs. BIGGERT. Mr. Speaker, I thank that unless you are going to win, do on the job, if we fail in our moral obli- the chairman and I appreciate all he not bring the case. That is not what gation to assure that corporations have does. this bill says. This bill simply provides a responsibility to their workers. Mr. Speaker, I rise today in support that if the small business owner wins, This should not be a matter of Demo- of all four of the OSHA reforms bills on then OSHA should be responsible for crat or Republican. It should not be a the floor. These bills contain reforms the attorneys’ fees. We seek to improve matter of labor management. This that will encourage a more collabo- OSHA and make it responsive to the should be an American commitment to rative environment in which small intent of Congress. This bill is designed safe workplaces. And because of that I business owners and the Occupational to strengthen small business and to urge my colleagues to vote to defeat Safety and Health Administration can save jobs. H.R. 742 and to work in a bipartisan work together and, in doing so, im- Again, the magnitude of this issue, way to assure that the American work- prove workplace safety. 99.7 percent of all businesses are small place is going to be safe for all those In particular I rise to support H.R. businesses, 75 percent of all new jobs who toil for a living. 742, the Small Employer Access to Jus- are in the area of small business. OSHA Mr. NORWOOD. Mr. Speaker, I yield tice Act. It would amend the OSHA Act has a budget of $468 million, with 2,200 2 minutes to the gentleman from Min- of 1970 to reimburse small employers employees and 1,100 inspectors. The nesota (Mr. KLINE). for attorneys’ fees and costs when they deck is stacked. Yes, it is stacked; it is Mr. KLINE. Mr. Speaker, I thank the are successful in challenging an OSHA stacked against those most beneficial gentleman for yielding me time and for citation. to our economy, small business owners his tremendous leadership on this Now it is true that the Equal Access and their employees. issue. He has been working it for a long to Justice Act already allows small H.R. 742 would allow a small busi- time. business owners to recover attorneys’ nessman or -woman to recover attor- Mr. Speaker, I rise today in support fees when a ruling is in the employers neys’ fees if they contest and they win, of the Occupational Safety and Health favor. However, reimbursement for at- they win, an allegation in a citation by

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15694 CONGRESSIONAL RECORD—HOUSE July 12, 2005 OSHA. Remember OSHA’s budget, $468 The SPEAKER pro tempore (Mr. jobs, of losing jobs in this country. million? You win, OSHA was wrong. WALDEN of Oregon). The gentleman Well, there is no way we can compete Right? OSHA was wrong, but you spent from Georgia has 11 minutes remain- with other countries with these bur- thousands of dollars to defend your ing. densome rules and regulations like business and your workers’ jobs. Re- Mr. NORWOOD. Mr. Speaker, it gives OSHA puts on our small businessmen member, you win against a $468 million me absolute pleasure to yield 2 minutes and -women in this country who create budget. So OSHA should reimburse to the gentleman from South Carolina most of the jobs. We just need a level your attorneys’ fees. Right? Just like (Mr. WILSON), my friend and neighbor, playing field, and I am proud to stand current law. Right? Wrong. who lives right up the road from me in in support of these four bills, and I am You cannot win. Even if you win your Columbia. proud of my colleague from Georgia case, you may be out the amount of Mr. WILSON of South Carolina. Mr. (Mr. NORWOOD). Nobody is more con- money it cost to defend yourself. Less Speaker, my legal career of 25 years cerned about workers and workers’ money in your business means fewer was to represent small business own- health. He has been a leader all these jobs. Remember, reimbursement only ers. And since coming to Congress 3 years in regard to issues like the Pa- occurs if you win. If you lose, you are years ago, I have worked consistently tients’ Bill of Rights. He has shown responsible, and that is as it should be. to make it easier for small businesses great compassion, and I commend him So let us stop punishing the back- to grow and succeed in our country. I for bringing these bills, and for the bone of our economy. Let us stop pun- appreciate the leadership of the chair- gentleman from Ohio (Mr. BOEHNER), ishing small businesses and employees man, the gentleman from Ohio (Mr. the chairman, and the committee for and workers. I urge support for H.R. BOEHNER), and my next-door neighbor, working through this process. 742, one of four commonsense worker- the gentleman from Georgia (Mr. NOR- So as my colleagues have said before friendly, job-friendly, small business- WOOD), for their promotion of small me, it is time to make these reforms friendly bills before us today. businesses. Mr. NORWOOD. Mr. Speaker, it is a and level the playing field. Yes, protect However, OSHA regulations placed our workers, but also protect our small pleasure to yield 21⁄2 minutes to the upon our small businesses continue to employers so they can continue to cre- gentleman from Texas (Mr. SAM JOHN- be among the most complex and dif- ate these jobs and compete in the world SON), another of our subcommittee ficult legal mandates imposed on em- market. Then, and only then, will we chairmen. ployers. The Occupational Safety and Mr. SAM JOHNSON of Texas. Mr. end the outsourcing of jobs. Health Small Employer Access to Jus- Speaker, I want to express my support Mr. OWENS. Mr. Speaker, how much tice Act is a vital piece of legislation for the legislation introduced today by time do I have remaining? that significantly reduces burdensome my colleague from Georgia. I am a co- The SPEAKER pro tempore. The gen- government regulations. H.R. 742 levels sponsor of all four of these bills on the tleman has 12 minutes remaining. the playing field for small businesses floor today, and I believe they will im- Mr. OWENS. Mr. Speaker, I yield my- and encourages OSHA to better assess prove the workplace safety level, the self the balance of my time and would the merits of a case before bringing un- playing field for small business, and en- like to point out that despite the rhet- necessary enforcement actions to court sure that employers and employees are oric of my colleagues on the other side against small businesses. treated fairly. of the aisle, and we did hear again the H.R. 742 encourages OSHA to really By passing this vital legislation, Con- gress will enhance fairness for employ- last speaker mention the fact that one look at the merits of the case before it of the reasons we are attacking OSHA brings unnecessary enforcement ac- ers, especially small businesses; and give them new tools to defend them- is because employers feel they cannot tions to court against small businesses. compete with these regulations. They Current law already does allow small selves against OSHA citations they believe are unjustified. Small businesses cannot compete with American work- business owners to recover attorneys’ ers being treated the way they are fees if they successfully challenge a ci- provide, in the district I represent, 99 percent of businesses, creating 85 per- being treated. tation; but in the real world of OSHA, The humane treatment of American it simply does not work for small busi- cent of jobs for working people; and Congress should act now to help them workers stands in the way of profits nesses. and competition with the people who Case in point: in the last 24 years, succeed. are in the developing countries and small business owners have been able As a member of the Committee on China. They do not have to treat work- to recover costs from OSHA only 38 Education and the Workforce, and co- ers this way. They do not have to spend times. In 2004, only three employers sponsor of the four bills today, I have the money, as I said before. were awarded attorneys’ fees, despite been honored to work with Chairman more than 86,000 citations issued by BOEHNER and the gentleman from Geor- But I want to point out that this bill OSHA. H.R. 742 also limits its scope to gia (Mr. NORWOOD). I applaud their ef- is hardly limited to small businesses. small businesses with less than 100 em- forts to provide commonsense legisla- The appearance or the notion that ployees or less than $7 million in net tion that will reduce the burden placed small businesses are being persecuted worth. This assures targeted and mean- upon America’s small business owners. by OSHA, by the government, is an in- ingful relief to those businesses that I urge my colleagues to support correct one. According to the Bureau of are least able to cope with these hefty OSHA reform, H.R. 742. Labor Statistics, in 1998 there were and ongoing litigation costs. Mr. NORWOOD. Mr. Speaker, it is a more than 6.5 million private sector This reform is necessary for the vi- great pleasure to yield 2 minutes to the firms with 99 or fewer employees. H.R. tality of America’s small businesses gentleman from Georgia (Mr. 742 applies to all firms with 100 or and the job security of America’s work- GINGREY). fewer employees with a net worth of $7 force. As chairman of the Sub- Mr. GINGREY. Mr. Speaker, I thank million or less. These companies, those committee on Employer-Employee Re- my colleague from Georgia for yielding with a hundred or fewer employees and lations, I have seen these bills through me this time, and I am here in support $7 million or less, comprise about 97 the committee and the full House in not only of H.R. 742 but of all four of percent of all American businesses. the past, and I look forward to their these OSHA reform bills. What we are Let me repeat that. H.R. 742 applies passing again today. talking about here, my colleagues, is to all but 2 or 3 percent of American Again, I applaud my colleague from leveling the playing field, that is all, businesses. This is the broadest defini- Georgia for his hard work on behalf of reforming a 34-year-old act that is long tion of small business that anyone American small business owners and overdue for reform. could ever come up with or dream up. their employees. During the 2004 elections, what we It is similar to categorizing elephants Mr. NORWOOD. Mr. Speaker, how heard constantly from the other side as small mammals. It does not tell the much time remains? was the concern about outsourcing of story as it should be told.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15695 Mr. Speaker, when it comes to em- terms of economic systems, you have turing to China, and bring back the ployment-related laws, Congress tradi- communism; at the other end you have products to capitalize on the sales tionally defines a small business as one reckless capitalism. Capitalism out of here. It is not going to work eventu- with 20 or fewer employees, 20 or fewer control. Capitalism so greedy it never ally. We are catering to those who ben- employees. As a matter of fact, that is gets enough. I think democratic cap- efit at the top, but it is not going to the definition used on annual congres- italism is the hope of the world, and we continue to work because we are de- sional appropriation riders, which ex- have enough experience now to know stroying our own consumer market. We empt firms of 20 or fewer workers from that democratic capitalism is the only are going to wake up and find that the scheduled OSHA inspections, 20 or system that really works. But if you economy is going to come to a stand- fewer workers, not 100, as this bill allow capitalism to go to extremes, it still because nobody is able to buy the treats. tramples on the rights of workers. It products that we want to sell. Mr. Speaker, I would also point out tramples on the rights of consumers. Our own class war that we do not rec- that OSHA also has a long-standing You know, workers are consumers. ognize and will not recognize will de- practice of reducing penalties for small There is a madness at work here. As we stroy us. Other evidence of a class war employers. For businesses with 25 or destroy the buying power of workers, is the fact that we continue to give fewer workers, any OSHA penalty is we are destroying that which makes huge tax credits to the people at the routinely reduced by 60 percent. Rou- our economy go. very top who need it the least, yet we tinely reduced by 60 percent. Likewise, do not use the power of the Federal b 1745 for businesses with between 26 and 100 Government to increase the minimum workers, any OSHA penalty is reduced We all agree, there is no debate about wage. by 40 percent. Again, OSHA inspectors, the fact that the economy of America We started this discussion about min- in reality, are hardly like the draco- is driven by consumer spending. Henry imum wage, and we are going to end it nian police inspector Javert from the Ford understood that very early when on minimum wage. The minimum wage famous novel, ‘‘Les Miserable.’’ he said, I am going to make cars and is one way that we guarantee all Amer- It is important, Mr. Speaker, to real- pay my workers enough money to buy icans have a part of American pros- ize that there is a need for both parties them. That was a simple, commonsense perity. We should be paying something to come together and for the Repub- idea that is at the heart of capitalism like $8 an hour in order to keep min- lican majority to yield on its strategy today. Two-thirds of our economy is imum wage competitive with when to destroy labor unions. There is a dependent on what people buy. We are minimum wage was first instituted. We strategy that has been pursued relent- going to destroy the consumers by de- should be paying about $8 an hour to lessly to destroy labor unions; and in stroying the conditions in the work- enable those workers to buy the prod- the process, working families of course place which allow our workers to work ucts that we want to sell and keep our get hurt because working families are productively and get paid appro- economy going. So minimum wage, we refuse to even represented by labor unions. In the ef- priately. consider. Congress has gotten huge in- fort to destroy labor unions, every- The minimum wage of today, Henry creases in their own salaries, and thing related to them, it gives them Ford would see right away, is not going refuse to consider a minimum wage in- some kind of power, has to be de- to allow our consumers to keep buying crease for the workers at the very bot- stroyed, among them including OSHA. products. We are lucky; there is a sort tom. Is that not an element of class Members of unions are likely to com- of credit card fantasy, an oasis of cred- warfare? That is class contempt. That plain. They are likely to insist on their it card credit that is driving our econ- is class hatred, to stamp on those at rights. They are likely to report viola- omy right now. But slowly, as we less- the very bottom and refuse to use the tions. OSHA is less likely to run over en the amount of money that flows authority invested in us by the Amer- the interests of the workers if there is into the hands of workers, as we move more jobs overseas and encourage out- ican people. an accident or some problem. So the We have the authority to raise sourcing, as we give more and more of relentless pursuit of labor unions is wages, but the same people who are our dollars to China, because we are part of the problem with this legisla- being protected by these bills as far as not giving all of our dollars to China, tion. It has been brought back because OSHA is concerned by minimizing their we are giving the dollars that they use it is a part of a master plan, and that expenses and minimizing any trouble for manufacturing, for production, but master plan is to sort of distract our they have to encounter in making the the trade with China benefits the attention from the real issues related workplace safe, they are being pro- to safety in the workplace, distract our wholesalers and retailers. tected by refusing to raise the min- attention from the fact that it is really People are making big profits off imum wage. What is the ultimate dan- an employer protection act that we are China in this country. We would not be ger here? The ultimate danger here is concerned with. Employer protection dealing with China if somebody was that, one day, working families are at all cost. not making big profits in this country, going to wake up and say, you have it The constituency of the Republican but it is skewed. It is out of balance be- all wrong. The country belongs to all of majority party demands it all: destroy cause in order to make big profits at us, not you. If you do not want to the kind of environment and atmos- the upper levels by producing products admit that, it belongs only to us. phere that working families have been in a low-cost economy and getting the Working families are the people who used to for years in this Nation. Let us low-cost product, bringing them back go out and defend the existence of this change all that because it is not com- into another economy with a different country in times of war. They will de- petitive. It is not competitive. It costs standard of living and selling those termine whether we defeat terrorism or too much. We cannot compete with our products at that standard, we are hav- not. Working families are going to de- overseas competitors. We are, in the ing consumers in America pay high termine that we do not have domestic process, drawn into the trap of class prices for the lowest-priced goods that terrorism spreading in America be- warfare. We hate to hear the term class come from China. And the people who cause working families are going to warfare anywhere in America. Nobody sell those goods and buy them from save America by rising up to throw out wants to be accused of class warfare, China, they walk off with the profits, people who insist on stamping on them but that is what it amounts to: work- along with the Chinese who produce and have contempt for them. ing families against people who never those goods through the deals that Mr. Speaker, in closing, I urge a ‘‘no’’ get enough. have been made. There is more Wal- vote on all four of these bills today. We have bloated capitalism. Aris- Mart in China than there is in the U.S., Mr. NORWOOD. Mr. Speaker, I yield totle said there are extremes of every- and more all of the time. 2 minutes to the gentleman from Texas thing. There are extremes to cap- They find it so profitable to take the (Mr. HENSARLING), and just say we still italism. At one end of the spectrum, in product, the production, the manufac- are on H.R. 742.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00132 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15696 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Mr. HENSARLING. Mr. Speaker, as a that. Somebody said, oh, gosh, if we know their interests will be represented fairly former small businessman, I rise today pass these bills, workers will have by OSHA, not weighed by how much money in support of H.R. 742 and Republican more injuries. Members can have that it will cost to bring the claim forward. efforts to reduce the regulatory burden opinion; it does not make it right. That We all have small businesses in our dis- on small businesses, the job engine in is simply not true. tricts, and we all know that it saves money to this country. Somebody said, if you pass these four provide for a safe workplace in the first place The Federal regulatory burden is bills, you are going to weaken OSHA. and preventing accidents. strangling small business in America. That is not true either. We are going to Workers and their families suffer due to The estimated total regulatory burden help make OSHA work a little better. poor safety at some workplaces. They have in America is now approaching $1 tril- Lastly, I want to mention to my enough angst because they can’t count on lion a year. If we could only save 1 per- friend who said OSHA is a Federal cop. their employers to provide protection. Experi- cent of that amount, if that could be That is the problem. If you believe encing further betrayal by their Government returned to the marketplace, that they are a bunch of police over there, when they seek justice is the last thing they would be enough money to provide cap- we never will get anywhere with OSHA need. ital for 400,000 new small businesses. Or because until we get this Federal agen- But, this bill threatens the lives of thousands it could pay the annual salaries for cy working with people in small busi- of workers employed by small businesses be- over a quarter million of our American nesses who want to have a safer work- cause it forces OSHA to consider the costs of workers. place rather than a bunch of cops who attorneys’ fees when deciding to take action. Furthermore, according to the SBA, come around and beat people up, this is Putting this unique burden on OSHA may take small businesses that employ fewer never going to work. I had this happen away the only recourse employees have to than 20 workers pay almost $7,000 each just yesterday in my own district stand up for their safety. year in regulatory cost for every em- where this female came in, and her Since Bush took office, it has been clear ployee. Instead of using these funds to badge was bigger than her brain. It was that he intends to use OSHA to protect big create new jobs or pay higher salaries just ridiculous. Until we get a different business rather than worker safety. First, he or fund expanded health care benefits, attitude and not feeling that OSHA is a signed legislation overturning workplace safety small business owners are increasingly Federal cop, it is not going to get bet- rules to prevent ergonomic standards. being forced to spend much of it com- ter. Then he advocated budget cuts for job safe- Mr. Speaker, I yield the balance of plying with mind-numbing, inflexible, ty agencies, such as OSHA and NIOSH. He my time to the gentleman from Ohio expensive, draconian and all too often went even further by suspending twenty-three (Mr. BOEHNER), chairman of the Com- just plain dumb Federal regulations. important job safety regulations. The list goes H.R. 742 will make a difference in a mittee on Education and the Work- on and on. This legislation is one more way to force. small way in helping level the playing weaken OSHA. If this passes it will be that Mr. BOEHNER. Mr. Speaker, I con- field for small businesses. It would re- much easier for businesses to avoid OSHA gratulate the gentleman from Georgia quire OSHA to better assess the merits regulations. (Mr. NORWOOD) who has spent a lot of If my colleagues on the other side of the of a case before it brings unnecessary years trying to make OSHA work bet- aisle really wanted to help workers, they would enforcement actions to court against ter for those in the workplace and increase penalties for employers that ignore small businesses. This act will simply those who employ them in the work- safety regulations. They would protect com- help small business owners to recover place. He has done a great job in bring- attorneys’ fees if the owner success- ing these four bills out of the sub- panys from dumping their pensions on to the fully challenges a dubious OSHA cita- committee and to the floor today. taxpayers and raise minimum wage. These tion. And there have been a number. Mr. Speaker, we are here today to actions would let our workers know that some- Let us remember, OSHA does not al- help promote a climate of cooperation one is worrying about the costs in their lives ways get it right. These are the folks between OSHA and employers. The as well. who alleged that some workers face focus is on improving workplace safety. Mr. Speaker, I urge my colleagues to join death or serious physical harm from In so doing, we have the opportunity to me in opposing H.R. 742, which is an unnec- lifting the top of a sandwich cookie enhance business competitiveness and essary attack on worker protections. from one assembly line and putting it further job creation. Ms. JACKSON-LEE of Texas. Mr. Speaker, on the bottom of the cookie on an- Now these bills are important and I rise today to speak in opposition to H.R. 742, other. Give me a break. here is why. No small business should a bill to amend the Occupational Safety and Mr. Speaker, this is a matter of fair- be penalized for missing a deadline be- Health Act of 1970 by making it easier for ness. It is a matter of common sense cause of an honest mistake. No small small businesses to recover attorneys’ fees and American jobs. I urge all of my col- business should have to wait 8 years to from OSHA if the agency brought unjustified leagues to support small business own- have their case reviewed by the Occu- enforcement action. Small businesses under ers and the millions of Americans they pational Safety and Health Review the bill are defined as those with no more than employ by voting in favor of H.R. 742. Commission simply because it cannot 100 employees and a maximum $7 million in Mr. NORWOOD. Mr. Speaker, I yield get a quorum. net worth. myself the balance of my time. Thirdly, no small business wants to More than any of the other bills, H.R. 742 It has been a long 4 hours on four go up against an OSHA that is the poses the greatest threat to worker safety and bills. We stayed on the subject for prosecutor, judge and jury all in one. health. OSHA, as is almost every other Fed- about 2 hours. These four bills are very Lastly, no small business should be eral agency, is already required by law to pay important, I believe, for the small busi- required to spend years and significant attorneys’ fees and costs in any proceeding in ness community in the country. I real- money trying to recover attorneys’ which the agency’s charge is not substantially ize that the labor union kingpins do fees after defending itself against a justified. H.R. 742 singles out OSHA, alone not like these four bills, but I promise meritless enforcement action by OSHA. among all Federal agencies, to require it to labor union workers who are out there These OSHA reform bills can make a pay attorneys’ fees and costs in any pro- in small businesses will like these bills. real difference in the lives of small ceeding in which it does not win, regardless of There have been some outlandish businesses that face fierce competition why it lost and notwithstanding the fact that statements that need to be corrected at home and abroad. We truly do be- the position of the agency was substantially for the record. lieve that these bills will help the ef- justified. In effect, unless the agency can guar- Number one, there is nobody on our fectiveness of OSHA and help improve antee that it will win every case it brings, H.R. committee, including myself, any of us the workplace safety for millions of 742 punishes the OSHA for trying to enforce who made these bills, that believe for American workers. I encourage all of the law. The OSH Act does not afford workers one minute any of these bills are going my colleagues to support all four bills. a private right of action. If OSHA fails to en- to harm the workplace safety or health Ms. WOOLSEY. Mr. Speaker, I rise in oppo- force the law workers have no other means of factor. It is simply not going to do sition to H.R. 742 because workers deserve to doing so.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15697 In summary, this bill, as would all the other decided to oppose the Central American Free [Roll No. 369] OSHA bills considered today, would impede Trade Agreement (CAFTA) because it does YEAS—256 the enforcement of worksite safety and health not do enough to ensure adequate and fair Aderholt Frelinghuysen Neugebauer provisions at the very time when more and labor laws for workers in foreign countries. Akin Gallegly Ney more Americans have identified safety as one Now today, Congress is trying to roll back sig- Alexander Garrett (NJ) Northup Bachus Gerlach Norwood of their foremost concerns. According to a poll nificant worker protections that were put in Baird Gibbons Nunes conducted in April by NBC and the Wall Street place for our workers here at home. Baker Gilchrest Nussle Journal, 84 percent of Americans want Con- Rather than ‘‘reform,’’ the fact of the matter Barrett (SC) Gillmor Osborne Bartlett (MD) Gingrey Otter gress to pass legislation that ensures greater is that these four pieces of legislation weaken Barton (TX) Gohmert Oxley workplace safety and health. Supporting this OSHA and undermine Congress’s original in- Bass Gonzalez Paul bill would take us in exactly the opposite direc- tent when OSHA was enacted in 1970. Ameri- Bean Goode Pearce tion. cans deserve a safe and healthy workplace. Beauprez Goodlatte Pence Biggert Gordon Peterson (PA) Mr. CONYERS. Mr. Speaker, today, I ex- Limiting OSHA, the agency created to ensure Bilirakis Granger Petri press strong opposition to H.R. 742, the Occu- workers receive these basic rights, will do Bishop (GA) Graves Pickering pational Safety Health Small Employer Access nothing to advance the cause. Bishop (UT) Green (WI) Pitts Blackburn Gutknecht Platts to Justice Act. The SPEAKER pro tempore (Mr. Blunt Hall Poe This fee shifting legislation before us is real- WALDEN of Oregon). All time for debate Boehlert Harman Porter ly a wolf in sheep’s clothing. It is dangerous to has expired. Boehner Harris Price (GA) our workers, overbroad, and unnecessary. Pursuant to House Resolution 351, Bonilla Hart Pryce (OH) Bonner Hastings (WA) Putnam The bill is dangerous because it creates an the bill is considered read for amend- Bono Hayes Radanovich incentive for employers to litigate with OSHA ment, and the previous question is or- Boozman Hayworth Rahall rather than to correct any safety flaws in the dered. Boren Hefley Ramstad workplace. Since OSHA was created in 1970, Boustany Hensarling Regula The question is on engrossment and Boyd Herger Rehberg its mission has been clear: ‘‘to assure so far third reading of the bill. Bradley (NH) Herseth Reichert as possible every working man and woman in The bill was ordered to be engrossed Brady (TX) Hobson Renzi the nation safe and healthful working condi- and read a third time, and was read the Brown (SC) Hoekstra Reynolds Brown-Waite, Hostettler Rogers (AL) tions.’’ Unfortunately, H.R. 742 will undermine third time. Ginny Hulshof Rogers (KY) that goal and penalize OSHA for any instance The SPEAKER pro tempore. The Burgess Hunter Rogers (MI) in which it attempts to safeguard worker safety question is on the passage of the bill. Burton (IN) Hyde Rohrabacher and loses the case even for technical reasons. Buyer Inglis (SC) Ros-Lehtinen The question was taken; and the Calvert Issa Royce The bill is overbroad because it applies to Speaker pro tempore announced that Camp Istook Ryan (WI) any company with less than 100 employees, the ayes appeared to have it. Cannon Jenkins Ryun (KS) regardless of their revenues or their safety Mr. OWENS. Mr. Speaker, on that I Cantor Jindal Salazar Capito Johnson (CT) Saxton record. Currently, over 6.5 million private sec- demand the yeas and nays. Carter Johnson (IL) Schwarz (MI) tor establishments fall into this category, more The yeas and nays were ordered. Case Johnson, Sam Sensenbrenner than 97 percent of all employers. These com- The SPEAKER pro tempore. Pursu- Castle Jones (NC) Sessions panies employ more than 55 million workers. Chabot Keller Shaw ant to clause 8 of rule XX, further pro- Chocola Kelly Shays Many of these businesses have millions if not ceedings on this motion will be post- Coble Kennedy (MN) Sherwood billions of dollars in annual revenues, and poned. Cole (OK) King (IA) Shimkus have no business being covered by a ‘‘small Conaway King (NY) Shuster f Cooper Kingston Simmons business’’ bill. Costa Kirk Simpson The bill is unnecessary because this Com- Cramer Kline Skelton mittee has not received a shred of evidence ANNOUNCEMENT BY THE SPEAKER Crenshaw Knollenberg Smith (NJ) that OSHA has pursued unwarranted litigation PRO TEMPORE Cubin Kolbe Smith (TX) Cuellar Kuhl (NY) Sodrel or abused its prosecutorial discretion. To the The SPEAKER pro tempore. Pursu- Culberson LaHood Souder contrary, more than sixty percent of OSHA ci- ant to clause 8 of rule XX, the Chair Cunningham Latham Stearns tations resulted in settlements, and OSHA will now put each question on which Davis (FL) LaTourette Sullivan wins nearly four out of five cases that make it further proceedings were postponed Davis (KY) Leach Sweeney Davis (TN) Lewis (CA) Tancredo to the Federal appellate level. earlier today in the following order: Davis, Jo Ann Lewis (KY) Tanner Moreover, employers are already entitled to H.R. 739, by the yeas and nays; Davis, Tom Linder Taylor (MS) the recovery of legal fees under the Equal Ac- H.R. 740, by the yeas and nays; Deal (GA) Lipinski Taylor (NC) DeLay LoBiondo Terry cess to Justice Act. That law specifies that the H.R. 741, by the yeas and nays; and Dent Lucas Thomas government must pay the prevailing party’s H.R. 742, by the yeas and nays. Diaz-Balart, L. Lungren, Daniel Thornberry fees and costs in any situation in which the The first electronic vote will be con- Diaz-Balart, M. E. Tiahrt government’s position was not ‘‘substantially ducted as a 15-minute vote. Remaining Doolittle Mack Tiberi Drake Manzullo Turner justified.’’ This offers more than sufficient in- electronic votes will be conducted as 5- Dreier Marchant Udall (CO) centive to prevent OSHA from overstepping its minute votes. Duncan Marshall Upton authority. Edwards Matheson Vela´ zquez f Ehlers McCaul (TX) Walden (OR) So we have before us an unnecessary and Emerson McCotter Walsh unwarranted bill, that, punishes an effective OCCUPATIONAL SAFETY AND English (PA) McCrery Wamp agency, and places our workers in danger. I Everett McHenry Weldon (FL) HEALTH SMALL BUSINESS DAY urge Members to reject this measure. Feeney McHugh Weldon (PA) IN COURT ACT OF 2005 Ferguson McIntyre Weller Mr. BLUMENSUER. Mr. Speaker, this Con- Fitzpatrick (PA) McKeon Westmoreland gress has repeatedly undermined protections The SPEAKER pro tempore. The Flake McMorris Whitfield for the American workforce, shifting emphasis pending business is the question of the Foley Mica Wicker from employees to employers. Just like the passage of the bill, H.R. 739, on which Forbes Miller (MI) Wilson (NM) Ford Miller, Gary Wilson (SC) identical bills introduced last year, the four bills further proceedings were postponed Fortenberry Mollohan Wolf brought to the House floor today are further earlier. Fossella Moran (KS) Wynn examples that hinder the efficacy of the Occu- The Clerk read the title of the bill. Foxx Murphy Young (AK) Franks (AZ) Musgrave pational Safety and Health Administration The SPEAKER pro tempore. The Young (FL) (OSHA), taking away protections from the question is on the passage of the bill on NAYS—164 workers that need them most, and shielding which the yeas and nays are ordered. Ackerman Baldwin Berman businesses from government oversight. The vote was taken by electronic de- Allen Barrow Berry Andrews Becerra Bishop (NY) As of late, Congress’ hostility towards work- vice, and there were—yeas 256, nays Baca Berkley Blumenauer ers’ rights has been widespread. Recently, I 164, not voting 13, as follows:

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00134 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15698 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Boswell Jackson-Lee Pascrell further proceedings were postponed NAYS—185 Boucher (TX) Pastor Ackerman Hastings (FL) Neal (MA) Brady (PA) Jefferson Payne earlier today. Allen Herseth Oberstar Brown (OH) Johnson, E. B. Pelosi The Clerk read the title of the bill. Andrews Higgins Olver Butterfield Kanjorski Peterson (MN) The SPEAKER pro tempore. The Baca Hinchey Ortiz Capps Kaptur Pomeroy Baird Hinojosa Owens Capuano Kennedy (RI) Price (NC) question is on the passage of the bill on Baldwin Holden Pallone Cardoza Kildee Rangel which the yeas and nays are ordered. Barrow Holt Pascrell Carnahan Kilpatrick (MI) Reyes This will be a 5-minute vote. Bean Honda Pastor Carson Kind Ross Becerra Hooley Payne Chandler Kucinich Rothman The vote was taken by electronic de- Berkley Hoyer Pelosi Clay Langevin Roybal-Allard vice, and there were—yeas 234, nays Berman Inslee Peterson (MN) Cleaver Lantos Ruppersberger 185, not voting 14, as follows: Berry Israel Pomeroy Clyburn Larsen (WA) Rush Bishop (GA) Jackson (IL) Price (NC) Costello Larson (CT) Ryan (OH) [Roll No. 370] Bishop (NY) Jackson-Lee Rahall Crowley Lee Sabo Blumenauer (TX) Reyes Cummings Levin Sa´ nchez, Linda YEAS—234 Boswell Jefferson Ross Davis (AL) Lewis (GA) T. Aderholt Gallegly Ney Boucher Johnson, E. B. Rothman Davis (CA) Lofgren, Zoe Sanchez, Loretta Akin Garrett (NJ) Northup Brady (PA) Kanjorski Roybal-Allard Davis (IL) Lowey Sanders Alexander Gerlach Norwood Brown (OH) Kaptur Ruppersberger DeFazio Lynch Schakowsky Bachus Gibbons Nunes Butterfield Kennedy (RI) Rush DeGette Maloney Schiff Baker Gilchrest Nussle Capps Kildee Ryan (OH) Delahunt Markey Schwartz (PA) Barrett (SC) Gillmor Osborne Capuano Kilpatrick (MI) Sabo DeLauro Matsui Scott (GA) Bartlett (MD) Gingrey Otter Cardoza Kind Salazar Dicks McCarthy Scott (VA) Barton (TX) Gohmert Oxley Carnahan Kucinich Sa´ nchez, Linda Dingell McCollum (MN) Serrano Bass Goode Paul Carson Langevin T. Doggett McDermott Sherman Beauprez Goodlatte Pearce Chandler Lantos Sanchez, Loretta Doyle McGovern Slaughter Biggert Gordon Pence Clay Larsen (WA) Sanders Emanuel McKinney Smith (WA) Bilirakis Granger Peterson (PA) Cleaver Larson (CT) Schakowsky Engel McNulty Snyder Bishop (UT) Graves Petri Clyburn Lee Schiff Eshoo Meehan Solis Blackburn Green (WI) Pickering Cooper Levin Schwartz (PA) Etheridge Meek (FL) Spratt Blunt Gutknecht Pitts Costa Lewis (GA) Scott (GA) Evans Meeks (NY) Stark Boehlert Hall Platts Costello Lipinski Scott (VA) Farr Melancon Strickland Boehner Harris Poe Crowley Lofgren, Zoe Serrano Fattah Menendez Stupak Bonilla Hart Porter Cummings Lowey Sherman Filner Michaud Tauscher Bonner Hastings (WA) Price (GA) Davis (AL) Lynch Skelton Frank (MA) Millender- Thompson (CA) Bono Hayes Pryce (OH) Davis (CA) Maloney Slaughter Green, Al McDonald Thompson (MS) Boozman Hayworth Putnam Davis (FL) Markey Smith (WA) Green, Gene Miller (NC) Tierney Boren Hefley Radanovich Davis (IL) Marshall Snyder Grijalva Miller, George Udall (NM) Boustany Hensarling Ramstad Davis (TN) Matsui Solis Gutierrez Moore (KS) Van Hollen Boyd Herger Regula DeFazio McCarthy Spratt Hastings (FL) Moore (WI) Visclosky Bradley (NH) Hobson Rehberg DeGette McCollum (MN) Stark Higgins Moran (VA) Wasserman Brady (TX) Hoekstra Reichert Delahunt McDermott Strickland Hinchey Murtha Schultz Brown (SC) Hostettler Renzi DeLauro McGovern Stupak Holden Nadler Waters Brown-Waite, Hulshof Reynolds Dicks McIntyre Tanner Holt Napolitano Watson Ginny Hunter Rogers (AL) Dingell McKinney Tauscher Honda Neal (MA) Watt Burgess Hyde Rogers (KY) Doggett McNulty Thompson (CA) Hooley Oberstar Waxman Burton (IN) Inglis (SC) Rogers (MI) Doyle Meehan Thompson (MS) Hoyer Olver Weiner Buyer Issa Rohrabacher Edwards Meek (FL) Tierney Inslee Ortiz Wexler Calvert Istook Ros-Lehtinen Emanuel Meeks (NY) Udall (CO) Israel Owens Woolsey Camp Jenkins Royce Engel Melancon Udall (NM) Jackson (IL) Pallone Wu Cannon Jindal Ryan (WI) Eshoo Menendez Van Hollen Cantor Johnson (CT) Ryun (KS) Etheridge Michaud Vela´ zquez NOT VOTING—13 Capito Johnson (IL) Saxton Evans Millender- Visclosky Abercrombie Hinojosa Pombo Carter Johnson, Sam Schwarz (MI) Farr McDonald Wasserman Brown, Corrine Jones (OH) Case Jones (NC) Shadegg Sensenbrenner Fattah Miller (NC) Schultz Cardin Miller (FL) Castle Keller Towns Sessions Filner Miller, George Waters Conyers Myrick Chabot Kelly Shaw Ford Mollohan Watson Cox Obey Chocola Kennedy (MN) Frank (MA) Moore (KS) Waxman Coble King (IA) Shays Gonzalez Moore (WI) Weiner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cole (OK) King (NY) Sherwood Green, Al Moran (VA) Wexler Conaway Kingston Shimkus The SPEAKER pro tempore (Mr. Green, Gene Murtha Woolsey Cox Kirk Shuster WALDEN of Oregon) (during the vote). Grijalva Nadler Wu Cramer Kline Simmons Harman Napolitano Wynn Members are advised that 2 minutes re- Crenshaw Knollenberg Simpson Smith (NJ) main in this vote. Cubin Kolbe NOT VOTING—14 Cuellar Kuhl (NY) Smith (TX) b 1821 Culberson LaHood Sodrel Abercrombie Jones (OH) Rangel Souder Brown, Corrine Miller (FL) Shadegg Messrs. GEORGE MILLER of Cali- Cunningham Latham Davis (KY) LaTourette Stearns Cardin Myrick Towns fornia, BERMAN, and ORTIZ changed Davis, Jo Ann Leach Sullivan Conyers Obey Watt their vote from ‘‘yea’’ to ‘‘nay.’’ Davis, Tom Lewis (CA) Sweeney Gutierrez Pombo Tancredo Mr. MOLLOHAN changed his vote Deal (GA) Lewis (KY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeLay Linder Taylor (MS) from ‘‘nay’’ to ‘‘yea.’’ Dent LoBiondo Taylor (NC) The SPEAKER pro tempore (during So the bill was passed. Diaz-Balart, L. Lucas Terry the vote). Members are advised there The result of the vote was announced Diaz-Balart, M. Lungren, Daniel Thomas are 2 minutes remaining in this vote. as above recorded. Doolittle E. Thornberry Drake Mack Tiahrt b 1828 A motion to reconsider was laid on Dreier Manzullo Tiberi the table. Duncan Marchant Turner So the bill was passed. Stated against: Ehlers Matheson Upton The result of the vote was announced Mr. HINOJOSA. Mr. Speaker, on rollcall No. Emerson McCaul (TX) Walden (OR) as above recorded. English (PA) McCotter Walsh 369, had I been present, I would have voted Everett McCrery Wamp A motion to reconsider was laid on ‘‘no.’’ Feeney McHenry Weldon (FL) the table. f Ferguson McHugh Weldon (PA) f Fitzpatrick (PA) McKeon Weller OCCUPATIONAL SAFETY AND Flake McMorris Westmoreland OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION Foley Mica Whitfield HEALTH INDEPENDENT REVIEW Forbes Miller (MI) Wicker EFFICIENCY ACT OF 2005 Fortenberry Miller, Gary Wilson (NM) OF OSHA CITATIONS ACT OF 2005 The SPEAKER pro tempore. The Fossella Moran (KS) Wilson (SC) The SPEAKER pro tempore. The Foxx Murphy Wolf pending business is the question of the Franks (AZ) Musgrave Young (AK) pending business is the question of the passage of the bill, H.R. 740, on which Frelinghuysen Neugebauer Young (FL) passage of the bill, H.R. 741, on which

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00135 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15699 further proceedings were postponed NAYS—197 OCCUPATIONAL SAFETY AND earlier today. Ackerman Higgins Owens HEALTH SMALL EMPLOYER AC- Allen Hinchey Pallone CESS TO JUSTICE ACT OF 2005 The Clerk read the title of the bill. Andrews Hinojosa Pascrell The SPEAKER pro tempore. The The SPEAKER pro tempore. The Baca Holden Pastor Baird Holt Paul pending business is the question of the question is on the passage of the bill on Baldwin Honda Payne passage of the bill, H.R. 742, on which which the yeas and nays are ordered. Barrow Hooley Pelosi Bean Hoyer Peterson (MN) further proceedings were postponed This will be a 5-minute vote. Becerra Inslee Pomeroy earlier today. Berkley Israel Price (NC) The Clerk read the title of the bill. The vote was taken by electronic de- Berman Jackson (IL) Rahall vice, and there were—yeas 226, nays The SPEAKER pro tempore. The Berry Jackson-Lee Rangel question is on the passage of the bill on 197, not voting 10, as follows: Bishop (GA) (TX) Reyes Bishop (NY) Jefferson Ross which the yeas and nays are ordered. [Roll No. 371] Blumenauer Johnson, E. B. Rothman This is a 5-minute vote. Boswell Kanjorski Roybal-Allard The vote was taken by electronic de- YEAS—226 Boucher Kaptur Ruppersberger Brady (PA) Kennedy (RI) Rush vice, and there were—yeas 235, nays Aderholt Foxx Murphy Brown (OH) Kildee Ryan (OH) 187, not voting 11, as follows: Akin Franks (AZ) Musgrave Butterfield Kilpatrick (MI) Sabo Alexander Frelinghuysen Neugebauer [Roll No. 372] Capps Kind Salazar Bachus Gallegly Ney Capuano King (NY) Sa´ nchez, Linda YEAS—235 Baker Garrett (NJ) Northup Cardoza Kucinich T. Barrett (SC) Gerlach Norwood Aderholt Everett Mack Carnahan Langevin Sanchez, Loretta Bartlett (MD) Gibbons Nunes Akin Feeney Manzullo Carson Lantos Sanders Barton (TX) Gilchrest Nussle Alexander Ferguson Marchant Chandler Larsen (WA) Saxton Bass Gillmor Osborne Bachus Flake Matheson Clay Larson (CT) Schakowsky Beauprez Gingrey Otter Baker Foley McCaul (TX) Cleaver Lee Schiff Biggert Gohmert Oxley Barrett (SC) Forbes McCotter Clyburn Levin Schwartz (PA) Bilirakis Goode Pearce Bartlett (MD) Ford McCrery Cooper Lewis (GA) Scott (GA) Bishop (UT) Goodlatte Pence Barton (TX) Fortenberry McHenry Costa Lipinski Scott (VA) Blackburn Granger Peterson (PA) Bass Fossella McHugh Costello LoBiondo Serrano Blunt Graves Petri Beauprez Foxx McKeon Crowley Lofgren, Zoe Sherman Biggert Franks (AZ) McMorris Boehlert Green (WI) Pickering Cummings Lowey Simmons Bilirakis Frelinghuysen Mica Boehner Gutknecht Pitts Davis (AL) Lynch Skelton Bishop (GA) Gallegly Miller (MI) Bonilla Hall Platts Davis (CA) Maloney Slaughter Bishop (UT) Garrett (NJ) Miller, Gary Bonner Harris Poe Davis (FL) Markey Smith (NJ) Blackburn Gerlach Moran (KS) Bono Hart Porter Davis (IL) Matsui Smith (WA) Blunt Gibbons Murphy Boozman Hastings (WA) Price (GA) DeFazio McCarthy Snyder Boehner Gilchrest Musgrave Boren Hayes Pryce (OH) DeGette McCollum (MN) Solis Bonilla Gillmor Neugebauer Boustany Hayworth Putnam Delahunt McDermott Spratt Bonner Gingrey Ney Boyd Hefley Radanovich DeLauro McGovern Stark Bono Gohmert Northup Bradley (NH) Hensarling Ramstad Dicks McHugh Strickland Boozman Gonzalez Norwood Brady (TX) Herger Regula Dingell McIntyre Stupak Boren Goode Nunes Brown (SC) Hobson Rehberg Doggett McKinney Sweeney Boustany Goodlatte Nussle Brown-Waite, Hoekstra Reichert Doyle McNulty Tanner Boyd Granger Osborne Ginny Hostettler Renzi Edwards Meehan Tauscher Bradley (NH) Graves Otter Burgess Hulshof Reynolds Emanuel Meek (FL) Thompson (CA) Brady (TX) Green (WI) Oxley Burton (IN) Hunter Rogers (AL) Engel Meeks (NY) Thompson (MS) Brown (SC) Gutknecht Paul Buyer Hyde Rogers (KY) Eshoo Melancon Tierney Brown-Waite, Hall Pearce Calvert Inglis (SC) Rogers (MI) Etheridge Menendez Towns Ginny Harris Pence Camp Issa Rohrabacher Evans Michaud Udall (CO) Burgess Hart Peterson (PA) Cannon Istook Ros-Lehtinen Farr Millender- Udall (NM) Burton (IN) Hastings (WA) Petri Cantor Jenkins Royce Fattah McDonald Van Hollen Buyer Hayes Pickering Capito Jindal Ryan (WI) Filner Miller (NC) Vela´ zquez Calvert Hayworth Pitts Carter Johnson (CT) Ryun (KS) Fitzpatrick (PA) Miller, George Visclosky Camp Hefley Platts Case Johnson (IL) Schwarz (MI) Ford Mollohan Wasserman Cannon Hensarling Poe Castle Johnson, Sam Sensenbrenner Cantor Herger Porter Chabot Jones (NC) Sessions Frank (MA) Moore (KS) Schultz Gonzalez Moore (WI) Waters Capito Hobson Price (GA) Chocola Keller Shaw Carter Hoekstra Pryce (OH) Coble Kelly Shays Gordon Moran (VA) Watson Green, Al Murtha Watt Case Hostettler Putnam Cole (OK) Kennedy (MN) Sherwood Castle Hulshof Radanovich Conaway King (IA) Shimkus Green, Gene Nadler Waxman Grijalva Napolitano Weiner Chabot Hunter Ramstad Cox Kingston Shuster Chocola Hyde Regula Cramer Kirk Simpson Gutierrez Neal (MA) Wexler Harman Oberstar Woolsey Coble Inglis (SC) Rehberg Crenshaw Kline Smith (TX) Cole (OK) Issa Reichert Cubin Knollenberg Sodrel Hastings (FL) Olver Wu Herseth Ortiz Wynn Conaway Istook Renzi Cuellar Kolbe Souder Cooper Jenkins Reynolds Culberson Kuhl (NY) Stearns Costa Jindal Rogers (AL) Cunningham LaHood Sullivan NOT VOTING—10 Cox Johnson (CT) Rogers (KY) Davis (KY) Latham Tancredo Abercrombie Jones (OH) Pombo Cramer Johnson (IL) Rogers (MI) Davis (TN) LaTourette Taylor (MS) Brown, Corrine Miller (FL) Shadegg Crenshaw Johnson, Sam Rohrabacher Davis, Jo Ann Leach Taylor (NC) Cardin Myrick Cubin Jones (NC) Ros-Lehtinen Davis, Tom Lewis (CA) Terry Conyers Obey Cuellar Keller Royce Deal (GA) Lewis (KY) Thomas Culberson Kelly Ryan (WI) DeLay Linder Thornberry ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cunningham Kennedy (MN) Ryun (KS) Dent Lucas Tiahrt Davis (KY) King (IA) Schwarz (MI) Diaz-Balart, L. Lungren, Daniel Tiberi The SPEAKER pro tempore (Mr. Davis (TN) King (NY) Sensenbrenner Diaz-Balart, M. E. Turner Davis, Jo Ann Kingston Sessions ALDEN Doolittle Mack Upton W of Washington) (during the Davis, Tom Kirk Shaw Drake Manzullo Walden (OR) vote). Members are advised there are 2 Deal (GA) Kline Sherwood Dreier Marchant Walsh minutes remaining in this vote. DeLay Knollenberg Shimkus Duncan Marshall Wamp Dent Kolbe Shuster Ehlers Matheson Weldon (FL) Diaz-Balart, L. Kuhl (NY) Simmons Emerson McCaul (TX) Weldon (PA) b 1835 Diaz-Balart, M. LaHood Simpson English (PA) McCotter Weller Doolittle Latham Smith (TX) Everett McCrery Westmoreland So the bill was passed. Drake Leach Sodrel Feeney McHenry Whitfield Dreier Lewis (CA) Souder Ferguson McKeon Wicker The result of the vote was announced Duncan Lewis (KY) Stearns Flake McMorris Wilson (NM) Edwards Linder Sullivan Foley Mica Wilson (SC) as above recorded. Ehlers Lucas Sweeney Forbes Miller (MI) Wolf A motion to reconsider was laid on Emerson Lungren, Daniel Tancredo Fortenberry Miller, Gary Young (AK) English (PA) E. Tanner Fossella Moran (KS) Young (FL) the table.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00136 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15700 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Taylor (MS) Upton Whitfield Mr. MENENDEZ. Mr. Speaker, I was every working man and woman in the nation Taylor (NC) Vela´ zquez Wicker Terry Walden (OR) Wilson (NM) unavoidably detained on this last roll safe and healthful working conditions.’’ How- Thomas Walsh Wilson (SC) call vote. Had I been here to vote, I ever, this bill effectively delays the timely Thornberry Wamp Wolf would have voted ‘‘no.’’ abatement of unsafe working conditions, by Tiahrt Weldon (FL) Wynn The SPEAKER pro tempore. Pursu- encouraging employers to litigate citations Tiberi Weller Young (AK) Turner Westmoreland Young (FL) ant to section 5 of House Resolution rather than correcting health and safety haz- 351, the text of H.R. 740, H.R. 741, and ards. NAYS—187 H.R. 742 as passed by the House, will be On H.R. 740—OSHA rollback to stack the Ackerman Hinojosa Owens appended to the engrossment of H.R. Occupational Safety and Health Review Com- Allen Holden Pallone Andrews Holt Pascrell 739 and H.R. 740, H.R. 741 and H.R. 742 mission—I would have voted ‘‘nay.’’ I would Baca Honda Pastor shall be laid on the table. not have supported the legislation because it Baird Hooley Payne f unjustifiably ensures that only lawyers are ap- Baldwin Hoyer Pelosi pointed to the Commission. Barrow Inslee Peterson (MN) PERSONAL EXPLANATION Bean Israel Pomeroy On H.R. 741—OSHA rollback of the Sec- Becerra Jackson (IL) Price (NC) Mr. POMBO. Mr. Speaker, on July 12, 2005, retary of Labor’s authority to issue citations— Berkley Jackson-Lee Rahall I missed four recorded votes. Had I been I would have voted ‘‘nay.’’ I would not have Berman (TX) Rangel present, I would have voted ‘‘yea’’ on H.R. supported the legislation because it provides Berry Jefferson Reyes Bishop (NY) Johnson, E. B. Ross 739, the Occupational Safety and Health that the OSHA Review Commission shall have Blumenauer Kanjorski Rothman Small Business Day in Court Act of 2005 (roll- deference to override the Secretary of Labor’s Boehlert Kaptur Roybal-Allard call No. 369); ‘‘yea’’ on H.R. 740, the Occupa- Boswell Kennedy (RI) reasonable interpretations of the Secretary’s Ruppersberger tional Safety and Health Review Commission Boucher Kildee Rush own workplace safety standards—thereby in- Brady (PA) Kilpatrick (MI) Ryan (OH) Efficiency Act of 2005 (rollcall No. 370); ‘‘yea’’ creasing the incentives for challenges to Labor Brown (OH) Kind Sabo on H.R. 741, the Occupational Safety and Department’s rules and regulations. Butterfield Kucinich Salazar Capps Langevin Health Independent Review of OSHA Citations On H.R. 742—OSHA rollback to require Sa´ nchez, Linda Capuano Lantos Act of 2005 (rollcall No. 371); and ‘‘yea’’ on T. OSHA to pay attorneys’ fees—I would have Cardoza Larsen (WA) Sanchez, Loretta H.R. 742, the Occupational Safety and Health voted ‘‘nay.’’ I would not have supported the Carnahan Larson (CT) Sanders Small Employer Access to Justice Act of 2005 Carson LaTourette legislation because it requires OSHA to pay Saxton Chandler Lee (rollcall No. 372). attorneys’ fees and costs for employers with Schakowsky Clay Levin Schiff f 100 or less employees and a net worth of $7 Cleaver Lewis (GA) Schwartz (PA) million or less in an administrative or judicial Clyburn Lipinski PERSONAL EXPLANATION Scott (GA) Costello LoBiondo proceeding in which OSHA does not prevail. It Scott (VA) Crowley Lofgren, Zoe Mr. CONYERS. Mr. Speaker, I rise today to is a blatant attempt to chill OSHA’s exercise of Serrano Cummings Lowey enter into the RECORD that on July 12 of this Shays statutory responsibility to enforce the Occupa- Davis (AL) Lynch year, due to unavoidable circumstances, I was Davis (CA) Maloney Sherman tional Safety and Health (OCS) Act, by penal- Davis (FL) Markey Skelton unable to be present. If I had not been de- izing the agency for every instance in which it Davis (IL) Marshall Slaughter tained today, July 12, 2005, I would have attempts to do so unsuccessfully, and there- DeFazio Matsui Smith (NJ) voted as follows: Smith (WA) fore, undermined the enforcement of work- DeGette McCarthy On Previous Question on OSHA rollbacks, I Delahunt McCollum (MN) Snyder place health and safety laws. Solis would have voted ‘‘nay’’ to defeat the previous DeLauro McDermott f Dicks McGovern Spratt question on the Rule. If defeated we would Dingell McIntyre Stark have allowed the House to consider the Miller- Strickland PERSONAL EXPLANATION Doggett McKinney Owens bill to raise the minimum wage. The Doyle McNulty Stupak Mr. KUCINICH. Mr. Speaker, I was Emanuel Meehan Tauscher minimum wage would be raised to $7.25 an testifying before the BRAC Commis- Thompson (CA) Engel Meek (FL) hour from $5.15 an hour. The minimum wage sion on June 27 for the purpose of pro- Eshoo Meeks (NY) Thompson (MS) has been frozen since 1997. Etheridge Melancon Tierney tecting 1,075 jobs in Cleveland, Ohio, Evans Michaud Towns On H. Res. 351—rule providing consider- from removal by the BRAC process. Farr Millender- Udall (CO) ation for 4 OSHA rollback bills—I would have Had I been here, I would have cast the Fattah McDonald Udall (NM) voted ‘‘nay.’’ following votes: roll call 322, aye; roll Filner Miller (NC) Van Hollen On H. Res. 352—providing that the House Fitzpatrick (PA) Miller, George Visclosky call 323, aye. Frank (MA) Mollohan Wasserman of Representatives will focus on removing bar- Gordon Moore (KS) Schultz riers to competitiveness of the United States f Green, Al Moore (WI) Waters economy—I would have voted ‘‘nay.’’ I would Watson b 1845 Green, Gene Moran (VA) not have supported the legislation because it Grijalva Murtha Watt ECONOMIC AND JOB GROWTH Gutierrez Nadler Waxman would not improve U.S. competitiveness. In- Harman Napolitano Weiner stead this resolution attempts to blame trial (Mrs. BLACKBURN asked and was Hastings (FL) Neal (MA) Weldon (PA) lawyers and ‘‘regulation’’ for the challenges given permission to address the House Herseth Oberstar Wexler Higgins Olver Woolsey facing the U.S. economy. for 1 minute.) Hinchey Ortiz Wu On H. Res. 343—commending the State of Mrs. BLACKBURN. Mr. Speaker, you NOT VOTING—11 Kuwait for granting women certain important know last night I came down and had a political rights—I would have voted ‘‘yea.’’ little bit to say about the jobs, 146,000 Abercrombie Jones (OH) Obey Brown, Corrine Menendez Pombo On H.R. 804—to exclude from consideration new jobs that this economy, this pri- Cardin Miller (FL) Shadegg as income certain payments under the na- vate sector has grown in June, and Conyers Myrick tional flood insurance program—I would have near historic lows in unemployment at ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE voted ‘‘yea.’’ 5 percent. The SPEAKER pro tempore (during On H.R. 68—NASA and JPL 50th Anniver- And with the economic growth, the the vote). Members are advised there sary Commemorative Coin Act—I would have tax reductions, our deficit will be $100 are 2 minutes remaining in this vote. voted ‘‘yea.’’ billion lower than original projections. On H.R. 739—OSHA rollback on employer And we are going to continue to build b 1843 citations—I would have voted ‘‘nay.’’ I would on all of this. So the bill was passed. not have supported the legislation because it Today, Mr. Speaker, I want to call The result of the vote was announced undermines the timely abatement of unsafe attention to another article, this one as above recorded. working conditions, encouraging employers to on spending regulation keeps growing. A motion to reconsider was laid on challenge OSHA citations. One of the principal And I think that is one of the things the table. purposes of the Occupational Safety and that we continue to look at and one of Stated against: Health Act is ‘‘to assure so far as possible the reasons that we are addressing

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00137 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15701 some of the bills and legislation that Catholic bishops in Central Amer- THE COST OF ILLEGAL IMMIGRA- we are this week. ican, in fact the cardinal from Central TION ON THE PEOPLE OF THE It is also the reason that we continue America is visiting this Chamber, this UNITED STATES to address waste, fraud and abuse in House this week, and Lutheran and The SPEAKER pro tempore. Under a this Congress, finding ways to reduce Presbyterian and Jewish leaders in the previous order of the House, the gen- the cost of government so that this United States are opposing the Central tleman from Texas (Mr. POE) is recog- economy will continue to move forward American Free Trade Agreement. nized for 5 minutes. and continue to grow. The reason there is this broad and Mr. POE. Mr. Speaker, I rise today to f deep opposition is because the Central bring attention to the issue of illegal American Free Trade Agreement was HONORING THE LIFE AND CON- immigration that is perhaps the most negotiated by a select few for a select TRIBUTION OF LIEUTENANT MI- important concern to my Texas con- few. We do not oppose trade; we sup- CHAEL MURPHY stituents. port fair trade. Renegotiate the Cen- I want to address just one matter, (Mr. BISHOP of New York asked and tral American Free Trade Agreement. the cost. Government and academic es- was given permission to address the Defeat this CAFTA. Bring forward a timates indicate there are 9 to 11 mil- House for 1 minute.) CAFTA that can get the broad support lion illegal people living in the United Mr. BISHOP of New York. Mr. Speak- of farmers and ranchers and businesses States. Immigration officials estimate er, I rise today to recognize a fallen and labor. that the illegal population grows by as hero from my district who gave his life f many as 500,000 a year; some say 4,000 a for our Nation. Lieutenant Michael P. day cross into Texas from their south- Murphy, a U.S. Navy SEAL, age 29, was FREEDOM OF WORSHIP ern border. killed in action last week when he and (Ms. FOXX asked and was given per- Someone pays for this illegal activ- three other SEALS were ambushed by mission to address the House for 1 ity, and that somebody is the Amer- terrorists during a reconnaissance mis- minute.) ican public, not the illegal immigrants. sion in Afghanistan. Ms. FOXX. Mr. Speaker, it was my There is a tremendous strain on local Lieutenant Murphy was from great pleasure to attend services ear- and State communities because of un- Patchogue, a town on Long Island lier this month at Arlington First Bap- restricted illegal immigration through- which will never forget the ultimate tist Church in Jonesville, North Caro- out Texas and the entire United States. sacrifice of one of its favorite sons. A lina, at the invitation of Pastor Jerry While it is the Federal Government’s common thread ran through Lieuten- Fugate and my dear friends Ray and responsibility to control immigration, ant Murphy’s life, his selfless and Betty Shore. it is the people of the States and local steadfast dedication to others. Area elected officials were invited to communities that pay the cost. They Growing up as a life guard, he worship that day and to celebrate our are the victims of illegal immigration. watched out for local residents in the country’s independence. On the front of Those Americans spend millions of tax town of Brookhaven. After he grad- the bulletin was Romans 13:4: ‘‘For dollars on education, health care, and uated from Penn State, he chose his government is God’s servant for good.’’ criminal justice for those that are here country first. He turned down accept- On the back of the bulletin was this illegally. ance to two law schools to pursue his message: ‘‘The first part of the First Donald Huddle, a Rice University ec- dream of defending this country as a Amendment to the U.S. Constitution onomics professor, has done a study highly trained member of the special says, ‘Congress shall make no law re- that estimated the cost that we pay for forces. specting an establishment of religion illegals in this country. This chart here But Lieutenant Murphy’s dedication or prohibiting the free exercise there- shows that the American public pays would not have stopped there. He of.’ Yet today we see a constant bar- approximately $32 billion a year for the planned on joining the FBI’s counter- rage of individuals and organizations cost of illegal immigrants, such as pub- terrorist unit after he left the Navy. who prattle on and on about the sepa- lic education. It is about $5 billion Lieutenant Murphy died doing what he ration of church and State, a concept Americans pay. loved, as he once described military nowhere to be found in the Constitu- Social security, $3 billion. Medicaid, service to his father. tion or its amendments.’’ $3 billion. Total cost to American tax- It is fitting that he be awarded the I thank Pastor Fugate for the focus payers, about $32 billion a year we pay Silver Star posthumously for his valor on the first amendment of the Con- the cost of illegal immigration. When and sacrifice. Mr. Speaker, our stitution. I urge other churches to do this study was done, the population of thoughts and prayers remain with all they can to help our citizens know illegals in the United States was about Lieutenant Murphy’s family and his fi- what our Constitution says so they can 5 million. Now the population has dou- ance. We owe him a debt of gratitude be protected by it and help preserve it. bled, and the costs have more than that can never be repaid. doubled. f f Besides these stunning costs, Ameri- cans have to pay for their own health LACK OF SUPPORT FOR CAFTA REMOVAL OF NAME OF MEMBER AS COSPONSOR OF H.R. 2567 care and their own education of their (Mr. BROWN of Ohio asked and was own kids. Many Americans cannot af- given permission to address the House Ms. SCHAKOWSKY. Mr. Speaker, I ford these costs for their own families, for 1 minute.) ask unanimous consent that my name but they are made to pay the same Mr. BROWN of Ohio. Mr. Speaker, be removed as cosponsor of H.R. 2567. costs for illegals. the Central American Free Trade The SPEAKER pro tempore (Mr. Mr. Speaker, education, public safety Agreement will likely be brought up WALDEN of Oregon.) Is there objection and basic health care are the roles pro- for a vote this month. The opposition to the request of the gentlewoman vided primarily by our States and local to CAFTA is broad and deep. Dozens of from Illinois? communities. U.S. taxpayer dollars on Republicans and Democrats in this There was no objection. the local level are used to pay for these body oppose the Central American Free f services. Yet these communities are Trade Agreement. continuing to absorb more and more Small manufacturers and organized SPECIAL ORDERS demand for these services while the re- labor oppose the Central American The SPEAKER pro tempore. Under sources to provide them cannot keep Free Trade Agreement. Family farmers the Speaker’s announced policy of Jan- up. and small ranchers and environmental- uary 4, 2005, and under a previous order I would like to specifically point out ists oppose the Central American Free of the House, the following Members some of the costs that citizens must Trade Agreement. will be recognized for 5 minutes each. provide: one, health care. Emergency

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00138 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15702 CONGRESSIONAL RECORD—HOUSE July 12, 2005 rooms, the most expensive health care couraging more illegals to come to the No, Mr. Speaker, the true measure of system, are used by illegal immigrants United States? a successful person is also whether because of the compassion of Ameri- This just ought not to be. they have made their community, their cans. We do not turn people down at State, their church, in this case their these hospitals. If the immigrants do 1996 COSTS TABLE FROM THE HUDDLE STUDY PROGRAMS synagogue, their Nation a better place not pay, Americans pay. and whether they have done their best Some trauma centers in urban areas to ensure that their children and the have closed because they cannot absorb Public Education K–12 ...... $5,850,000,000 members of their family are contrib- Public Higher Education ...... 710,000,000 the costs to pay. People are in the sys- ESL and Bilingual Education ...... 1,220,000,000 uting, productive members of our soci- tem who do not contribute to it finan- Food Stamps ...... 850,000,000 ety. By this measure, Mr. Speaker, AFDC ...... 500,000,000 cially. Housing ...... 610,000,000 there can be no doubt that Meyer M. In Michigan, 23 criminal cases were Social Security ...... 3,610,000,000 Cardin was an enormously successful Earned Income Tax Credit ...... 680,000,000 filed alleging that pregnant women Medicaid ...... 3,120,000,000 human being. from Syria, Lebanon and Yemen flew Medicare A and B ...... 58,000,000 For some eight decades, the Cardin Criminal Justice and Corrections ...... 76,000,000 into the United States, falsified infor- Local Government ...... 5,000,000,000 name has been synonymous with public mation on Medicaid forms to cover Other Programs ...... 9,250,000,000 service and civic-mindedness. That is those costs of delivering their babies, Total Costs ...... $32,740,000,000 due in large measure to the work of and then returned to their native coun- Meyer; his brother, Maurice, who prac- tries within a few months. Americans f ticed law at the family law firm and paid for all of this criminal activity. HONORING JUDGE MEYER M. also served in the House of Delegates; Also, the quality of health care will di- CARDIN his son, the gentleman from Maryland minish because those in the system are (Mr. CARDIN) who is well known to us not paying their way. The SPEAKER pro tempore (Mr. CON- here for his intellect and commitment Second, education. The Supreme AWAY). Under a previous order of the to public service; his son, Howard, who Court ruled in 1982 that all kids in the House, the gentleman from Maryland is a successful lawyer; and now, Mr. United States would be provided a free (Mr. HOYER) is recognized for 5 min- Speaker, his grandson, of whom he was education. This cost continues to rise utes. extraordinarily proud, as he was proud due to the fact that Americans are pay- Mr. HOYER. Mr. Speaker, 2 days of all of his grandchildren, John, who ing for and educating kids illegally in from today, July 14 of this year, Meyer now serves in the House of Delegates. the United States. M. Cardin would have turned 98 years Mr. Speaker, tonight, I want to offer Local property taxes continue to of age. Meyer M. Cardin was a beloved my condolences and the condolences of rise. And the quality of education will member of the Maryland community. all my colleagues to my friend, the suffer. Why? Because there are people Meyer M. Cardin was the father of our gentleman from Maryland (Mr. receiving from the education system, colleague, the gentleman from Mary- CARDIN); to his brother, Howard; and to but are not contributing to it finan- land (Mr. CARDIN). all of their family, to all of the friends cially. Those are people that are here Judge Meyer Cardin was not only a of Judge Cardin. illegally. wonderful human being, Mr. Speaker, Meyer Cardin lived a long prosperous Just last year, California spent over but also a respected jurist, a com- and productive life, but more impor- $7 billion a year educating illegal im- mitted public servant and a patriotic tantly, he has set a strong example and migrant children. Once again, our com- American. He was born in Baltimore on created a legacy that will long endure. passion for others is to the detriment July 7, 1907, and then educated in the Mr. Speaker, I yield to the gentle- of our own kids. public schools of Baltimore City. He woman from California (Ms. PELOSI), In the criminal justice system, where also attended the Army and Navy Prep the distinguished Democratic leader, a I was a judge in Harris County, over 20 School. daughter of Baltimore, whose father percent of the people in jail were ille- He received his law degree from the was a very close friend of Meyer gally in the United States. Americans University of Maryland Law School Cardin. provided those individuals a defense at- and was admitted to practice law in Ms. PELOSI. Mr. Speaker, I know the torney, a court system, a trial, and 1929, 10 years before I was born. Six time is short so I wish to associate my- they paid for the incarceration if those years later in 1935 at the age of 27, self with the gentleman’s magnificent individuals were convicted. Judge Cardin was elected to the Mary- and eloquent remarks about Meyer Who pays for this? Americans. Amer- land House of Delegates and served in Cardin. icans always pay. Mr. Speaker, every- that body for 2 terms, 8 years. At the I knew him when I was a little girl body wants to live in the United time of his death, Mr. Speaker, he was growing up in Baltimore. He was a States, but not everybody can live the oldest surviving former member of friend of my father’s, as the gentleman here. We need rules that are fair, and the Maryland General Assembly. has said. What was wonderful about people must respect our rule of law and In 1955, Meyer Cardin became Chief Meyer Cardin was not only the mag- our borders. Police Magistrate for Baltimore City nificent contribution he made to the American taxpayers cannot afford to and served in that post for 2 years. He community, to the civic life of Balti- pay for those here illegally who use our then served as the Chief Judge of the more but the joy that he did take in health care facilities, our education traffic court in Baltimore City before his family. I will never, I will abso- systems, and go through the criminal becoming the Chairman of the Work- lutely never forget his coming over justice system. mans Compensation Commission in here for the gentleman from Mary- The failure of this Congress to act on 1958. Judge Cardin was then appointed land’s (Mr. CARDIN) swearing in time correcting our broken immigration as an Associate Judge of the Baltimore and again, and the pride he took and system trickles down to the commu- City Circuit Court by former Governor the youthfulness up into his nineties nities which we all represent, espe- J. Millard Tawes in 1961 and served in that he always had. cially those of us who represent border that capacity until his retirement on My condolences as well to the gen- States. The American taxpayer is fund- his birthday July 14, 1977. tleman from Maryland (Mr. CARDIN) ing illegals, and we must put a stop to Mr. Speaker, the true measure of a and Myrna and also to Howard. And the the problem sooner rather than later. successful man or woman is not simply pride they take in John running for of- the personal accomplishments that I fice, this is not an easy task, although b 1900 have articulated or something that the Cardin name is a legendary one in If we continue to offer free education, they have achieved in terms of honors Maryland. It is with great pride that health care services and provide a throughout the course of their life or we look to the service of the gentleman criminal justice system, are we not en- in their professional career. from Maryland (Mr. CARDIN) in the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00139 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15703 House of Representatives, because what happened in my State of North Mr. Speaker, in closing, I would like when I was born, my father served in Carolina. North Carolina has lost over to show the those in attendance on the that same seat. It was configured dif- 200,000 manufacturing jobs. The United floor a candy. It says: Candy decorated ferently all those many years ago, but States has lost over 2.5 million manu- fruit snack. And this was made in nonetheless, the gentleman from Mary- facturing jobs. CAFTA will continue China. land (Mr. CARDIN) still represents that these trends; 85 percent of the language Mr. Speaker, again, in closing, I hope part of Baltimore City and beyond. in CAFTA is identical to the language that we on the House floor will do what Again, the Cardin name is legendary, in NAFTA. is right, and that is to help protect jobs as the gentleman said, for eight dec- Mr. Speaker, let me talk about Trade in America and help protect the Amer- ades. A gentle man, a lovely person, a Promotion Authority, which I did not ican people who are working so hard to sense of humor, a sense of history, a support. Since Trade Proportion Au- pay their taxes and meet their obliga- sense of community, a devoted family thority of August of 1992, North Caro- tions. person. I hope that it is a comfort to lina has lost over 52,000 manufacturing Mr. Speaker, I ask God to please the entire family that so many people jobs; the United States has lost over bless our men and women in uniform mourn their loss and are praying for 600,000 million manufacturing jobs. and please bless America. Mr. Speaker, CAFTA will do nothing them at this sad time. But what a tri- f umph to live such a respected life, such else but to help eliminate jobs in this SMART SECURITY a fulfilled life well into his nineties. great Nation. I do not think we as a I think that God has rewarded him Nation can afford to continue to see The SPEAKER pro tempore. Under a with what we all pray for, a long and jobs go overseas, whether they be to previous order of the House, the gentle- happy life. Central America, China or other coun- woman from California (Ms. WOOLSEY) Mr. HOYER. Mr. Speaker, I thank tries. is recognized for 5 minutes. Mr. Speaker, this past weekend, I the gentlewoman for her comments. Ms. WOOLSEY. Mr. Speaker, back in found an advertisement in a magazine, Mr. Speaker, I know you are being my district this past weekend, I had an and it starts out, Are we blind? Can’t kind on the timing. extraordinary meeting with a group of we see what is happening to us? This is In closing, let me say this, Meyer M. veterans, many of them from Alpha an ad by the Economy in Crisis. It is Cardin was a good and decent human Company 579th Engineering Battalion creating an awareness about our true being. He was beloved by his family, who have recently returned from a tour economic conditions. in Iraq. beloved by his friends and his commu- Let me take just two aspects of this nity and by his State. Meyer Cardin During their deployment, this Na- ad, Losing ownership and control of tional Guard unit of 88 mostly Cali- was a great American, a great human our country: We are losing ownership being, a great dad, a great grandfather, fornia soldiers lost 3 comrades; 23 were and control of our country through wounded in action. And they also re- and he will be missed sorely. But the unsustainable balances of trade defi- gentlewoman from California (Ms. ceived 26 Purple Hearts, eight Bronze cits. In the last 10 years, we have lost Stars and one Meritorious Service PELOSI) is absolutely correct. His life $3 trillion through these trade deficits. was a joy and a triumph. Medal. $1.3 trillion has been returned and used Saturday’s town meeting was not f by foreign companies to buy our best about my position on the war or any- companies like Chrysler, Amoco, At- EXCHANGE OF SPECIAL ORDER body else’s. We were there to provide lantic Richfield Oil, and 8,600 other TIME information about the services and great companies. For example, key benefits available to returning soldiers. Mr. JONES of North Carolina. Mr. chokepoints, industries like cement is We had the VA regional director as Speaker, I ask unanimous consent to 81 percent foreign owned. The movie in- well as a local vice chairman from a claim the time of the gentleman from dustry is over 70 percent foreign owned. Indiana (Mr. BURTON). Mr. Speaker, additionally in this ad group called Employment Support for The SPEAKER pro tempore. Is there it says, How well and how long can we the Guard and Reserve. One of our objection to the request of the gen- live like this? I read just one sentence, speakers was the National Managing tleman from North Carolina? How secure can we be if we must live Director of Helmet to Hardhats, an or- There was no objection. on imports and sell off or dismantle ganization that helps place veterans in f our factories? construction jobs. The administrator from the largest veterans home in the RENEGOTIATE CAFTA Mr. Speaker, that is what this is all about. CAFTA is not good for this country in Yountville, California, was The SPEAKER pro tempore. Under a country. You will see to my left and to there. And we heard from a man who previous order of the House, the gen- my right, one is a newspaper article started a nonprofit called Welcome tleman from North Carolina (Mr. that says VF Jeanswear Closes Plant, Home Heroes devoted simply to treat- JONES) is recognized for 5 minutes. 445 Jobs Gone By Next Summer. Mr. ing an Iraq or Afghanistan veteran to a Mr. JONES of North Carolina. Mr. Speaker, those jobs went down to Hon- night out with his or her family at a Speaker, I am here on the floor again duras. nice restaurant. tonight to talk about my opposition to Mr. Speaker, those jobs went down to For so many soldiers, the return CAFTA, the Central American Free Honduras. And just 2 years ago, in from the battlefield is just the begin- Trade Agreement. North Carolina, it says Pillowtex Goes ning of their ordeal. There are those I want to start my comments by Bust, Erasing 6,450 Jobs and the sub- who have been wounded or mentally quoting Ross Perot who was a can- title says, Five North Carolina Plants traumatized or both and must learn to didate for the presidency in October Closing in Largest Single Job Loss in cope with a life-altering condition. But 1992. I quote Mr. Perot, ‘‘You imple- State’s History. That was just 2 years even if you come home unscathed, the ment that NAFTA, the Mexican trade ago, Mr. Speaker, in 2003. transition back to civilian life can be agreement, where they pay people a I do not know how we as a Congress rough going. There are jobs to find, dollar an hour, have no health care, no can pass the CAFTA legislation as it is educations to complete and loans to retirement, no pollution control, and drawn. I agree with my friends on the pay off. There are cases in which serv- you are going to hear a giant sucking other side of the aisle, Democrats and ice to the Nation has cost veterans sound of jobs being pulled out of this also Republicans who are opposed to their homes or their small businesses. country right at a time when we need CAFTA as it is drawn today. We need Some may need family counseling to the tax base to pay the debt.’’ to rewrite, redraw this treaty with the readjust to domestic life. That is what Mr. Perot said in 1992. Central American countries so that it We cannot let them down. I was pro- Mr. Speaker, since NAFTA became can work for them as well as it works foundly disappointed a few weeks ago the law of the land, let me tell you for the United States. when we learned that the Department

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00140 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15704 CONGRESSIONAL RECORD—HOUSE July 12, 2005 of Veterans Affairs found itself a bil- COMPREHENSIVE IMMIGRATION worker program before we can enforce lion dollars short of what was nec- REFORM the law. That is why we have to have essary to cover veterans health ex- The SPEAKER pro tempore (Mr. CON- comprehensive immigration reform penses for the year 2005. But this body AWAY). Under a previous order of the that says we need the rule of law. did the right thing by quickly passing House, the gentleman from Arizona In order to have the rule of law, we a supplemental to help fill the gap be- (Mr. FLAKE) is recognized for 5 min- must have a law we can enforce. That fore we left for the Fourth of July holi- utes. is what this is all about, and that is the day, although the appropriations I be- Mr. FLAKE. Mr. Speaker, I rise challenge I issue to those criticizing lieve could have been more generous. today to issue a challenge to my col- the comprehensive immigration reform How could we go home to celebrate leagues, those who have criticized the that has been offered, the McCain-Ken- the birth of American freedom if we comprehensive immigration reform nedy-Kolbe-Flake-Gutierrez bill. were not doing our part to support our that has been offered as legislation. In Please come up with your own. Explain troops in the field today? the last Congress, the gentleman from how we are going to enforce the cur- Every Member of the House who Arizona (Mr. KOLBE) and myself and rent law unless we have a temporary voted that day voted aye, voted for the Senator MCCAIN in the Senate offered worker program. bill which just goes to show, Mr. comprehensive immigration reform. People say, let us secure the border Speaker, that there is and there should We have offered a similar bill this year. first, enforce the current law, and then be little partisanship when it comes to There have been a lot of critics who see if we need a guest worker program. support for our veterans. have taken the floor and have said that I have already explained what it means to enforce the current law. If you be- b 1915 we should not do this; what we need to do rather than have comprehensive im- lieve that is what we need to do, please I do not know anyone on either side migration reform is to simply secure proffer a bill. Write legislation. If that of the aisle in this Chamber who does the border and enforce the law, enforce is what we need to do, then, please, not feel the utmost pride in the brave the current law. stand here and suggest it. Otherwise, men and women who are on the front Let me just run down what that actu- join us. Join us in our quest to actually line in Iraq. I do not know anyone who ally entails. If we were to enforce the have a law that we can enforce. Let us is not filled with gratitude for their current immigration laws that we have the rule of law. That is what this sacrifice. Where I part with many of have, it would mean that we would lit- country was built on. That is what we my colleagues is in my belief that the erally round up between 10 million and need to return to. It is not a healthy situation to have best way to support the troops is to 15 million illegal aliens who are here 10 million to 15 million people here ille- bring them home as soon as possible, a presently, uproot them from their jobs, gally who are below the law, who work position shared by a majority of the often from their families, and ship in the shadows. That is not healthy for American people, by the way. them home to their home country national security. It is not good for our Helping war veterans is a top priority where they would be subject to a 10- for me. But ironically, one that in an economy, and it is not humanitarian year bar from reentry. After that 10 either. We simply need to change the ideal world would hardly be necessary years, then they would get in line to go if the United States adopted what I call law. through the legal orderly process, So I invite my colleagues, please, a SMART Security plan. War would be which would probably take another 20 an absolute last resort, something we submit legislation. Join this great de- years. bate that we have, but do not criticize turn to reluctantly, only after every Now, when I explain that to those diplomatic channel has been pursued. unless you are willing to offer legisla- who are critics of our immigration bill, tion yourself. The smart in SMART Security stands they often say, well, we do not mean to for Sensible Multilateral American Re- enforce the current law as it is. Let us f sponse to Terrorism. selectively enforce it. Let us go after CAFTA As the tragedy in London dem- the criminals, not after those who are The SPEAKER pro tempore. Under a onstrates, our belligerence has not legally law-abiding here. Well, that is previous order of the House, the gen- made America or the world safer; and called selective enforcement, and some tleman from Ohio (Mr. BROWN) is rec- it is time, I believe, that we had a new will actually use that term. We need to ognized for 5 minutes. approach, one that relies on multilat- selectively enforce the law. I ask the Mr. BROWN of Ohio. Mr. Speaker, eral alliances and improved intel- critics of comprehensive immigration the Central American Free Trade ligence to track and detain terrorists, reform, how is that any less of an am- Agreement, according to Republican one that renews our commitment to nesty than what has been proposed? leadership, will come to a vote some- nuclear nonproliferation, one that in- Under our legislation, anyone here il- time this month. The Central Amer- vests aggressively in international de- legally, who has broken no other law ican Free Trade Agreement was signed velopment to attack the poverty and than crossing the border illegally, 13 months ago by President Bush. hopelessness that breed terrorism in would be required to register, pay a Every other trade agreement voted on the first place. fine, and wait as many as, at least 6 in this Congress has been voted on SMART is tough, pragmatic, and pa- years until the current backlog of within 2 months of the President’s sig- triotic. It protects America by relying those going through the legal orderly nature. That is, those trade agree- on the very best of American values: process in their home country is comments with Morocco and Chile, Singa- our commitment to freedom, our complete. Then they would be forced to pay pore and Australia, all passed the Con- passion for the people of the world, and another $1,000 fine. How is that an am- gress comfortably by wide margins our capacity for global leadership. nesty, when simply selectively enforc- within 60 days of the President affixing Criticism of our Iraq policy must ing the current law is not? his signatures to them. never be misinterpreted as criticism of Please explain. For those who are This trade agreement, CAFTA, was those on the ground carrying it out. We criticizing comprehensive immigration signed by President Bush in May of must stand with our veterans, the fear- reform, how are you going to secure 2004, and it has not been brought to less Americans literally wearing the the border and enforce the law without this Congress for a vote for one simple scars of a war that they did not choose. a temporary worker program? Our leg- reason. One simple mathematical rea- Just because a policy may be flawed, islation realizes that there are many son: the votes simply are not there to and I believe it is, does not detract here, probably around 8 million, that pass this agreement. The votes are not from the remarkable job they do. We are in the workforce currently. Unless there because of the opposition from must show the same selflessness to- we are willing to uproot them and send dozens of Republicans and Democrats, ward them that they have showed to- them all home, then we have to have a the opposition from small manufactur- ward our Nation. temporary worker program or a guest ers and labor unions, and the deep and

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00141 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15705 broad opposition from small farmers same thing over and over and over and was spent on smallpox and anthrax, the and from family farmers and ranchers expecting a different result. Presidents anthrax attack apparently perpetuated and environmentalists. The opposition always, President Clinton and now by somebody who perhaps stole that to CAFTA comes from Catholic bishops President Bush, always promise the from Ft. Detrick, Maryland; and small- in Central America and Lutheran and same things, more jobs, more manufac- pox, of course, is not yet known to be Presbyterian and Jewish leaders in our turing exports, a higher standard of a threat. country. living in the developing world. It does The administration, however, has ig- It is clear this agreement would not not work. nored a very real threat to the Amer- pass the House of Representatives They tell us that these CAFTA coun- ican people. Many of us experienced today because Americans, in larger and tries will buy more American goods; the fact that last year there was not larger numbers, including Members of that we will manufacture more goods enough flu vaccine, because we have Congress, representatives of the Amer- and export them to these six countries. left it to the private sector, free mar- ican people, understand our trade pol- But, Mr. Speaker, if you look at this kets, and competition to provide flu icy simply is not working. chart that says ‘‘show me the money,’’ vaccine; and it is not working real Look at this chart. In 1992, the year look at the income levels. The United well. This is not the first shortage in I was first elected to Congress, we had States income of the average person is recent years, not the first series of a trade deficit. That means we ex- $38,000; in Costa Rica it is 9,000; the Do- price gouging for vulnerable people. It ported less than we imported. We had a minican Republic, 6,000; El Salvador, 4, has become recurrent year after year. trade deficit of $28 billion. Last year, 000; Guatemala, 4,000; Honduras, 2,600; Last year, I did not get a flu shot, as our trade deficit was $618 billion. From Nicaragua, 2,300. many other Americans did not, in $38 billion to $618 billion trade deficit Guatemalans making $4,100 a year order to give up our doses for those in only a dozen years. It is clear our are not going to buy cars made in To- who might be more at risk. trade policy is not working when we ledo, Ohio, the district of my colleague. b 1930 have these kinds of trade deficits, cou- Hondurans making $2,600 a year are not pled with the budget deficits we have going to buy software from the State of The system is broken. We can only seen the last 5 years. my colleague, the gentleman from Or- hope that the Bush administration will Now, these might just be numbers to egon (Mr. DEFAZIO). Nicaraguans mak- begin to take more definitive action economists, these numbers about the ing $2,300 a year are not going to buy a and introduce legislation along those trade deficit, but here is what they prime cut of beef from Illinois or from lines. really translate into. The States in red Nebraska. El Salvadorans making But even more threatening than the are States which have lost 20 percent of $4,800 a year are not going to be able to annual flu occurrence is the prospect of their manufacturing jobs in the last 61⁄2 buy textiles and apparel from North H5N1, the avian flu virus, mutating and years. The States in blue have lost 15 Carolina and South Carolina and Geor- becoming the next pandemic attacking to 20 percent of their manufacturing gia. people around the world. It is esti- jobs. Now, again, those are numbers, Mr. Speaker, this trade agreement mated that 30 to 70 million people but think about this. My State, and the does not work. Defeat this CAFTA and could die, many here in the United State of my colleague, the gentle- renegotiate a better trade agreement States, similar to the 1917, I believe, woman from Ohio (Ms. KAPTUR), has for all Americans and all of Central epidemic. lost 217,000; and the gentleman from America. The Bush administration has been charged, granted we have known about Ohio (Mr. STRICKLAND), who has joined f us, has lost 217,000. The State of our H5N1 for quite some time, and the Clin- colleague, the gentleman from Oregon PUBLIC HEALTH ton administration did very little in (Mr. DEFAZIO), has lost 28,000. The The SPEAKER pro tempore. Under a this area, so there is blame to go State of the gentleman from Illinois previous order of the House, the gen- around. But it has become more per- (Mr. EMANUEL) has lost 224,000. My col- tleman from Oregon (Mr. DEFAZIO) is sistently reported. It has reached more league over here, the gentleman from recognized for 5 minutes. epidemic proportions. There have been Iowa (Mr. KING), has lost 32,000. Penn- Mr. DEFAZIO. Mr. Speaker, I rise more human infections, more reports sylvania has lost 200,000; New York, this evening to talk on a subject which of possible human infections being con- 222,000; Michigan, 200,000; Texas, 200,000 is not often addressed on the floor of cealed by the Chinese communist gov- jobs; and California, 353,000. the House, which is public health, par- ernment, as they often do in these mat- These are families who have lost ticularly public health as relates to ters. And the Bush administration in their principal source of income. These threats of bioterrorism or naturally oc- the last year spent a total of $110.3 mil- are people living in school districts curring events. lion, $70.5 million for vaccines, and which have seen plants close and fund- Today, and I am a member of the $15.6 million for antiviral drugs. De- ing for education plummet. These are Committee on Homeland Security, we spite the fact that the World Health people who live in communities that had some rather disturbing revelations Organization tells us we should be have inadequate police and fire protec- of the lack of progress with Operation stockpiling these drugs, the Bush ad- tion because the tax base in these BioShield, which seems to have done ministration is not stockpiling these school districts and in these cities and more to enhance the profits of the drugs. communities have been eroded when pharmaceutical industry, to engage in Mr. Speaker, $15.6 million for plants close. So it is clear that our some exotic forms of research, to ig- antiviral drugs. That is less than half trade policy simply is not working. nore some off-the-shelf remedies which of what they spent on adolescent fam- Now, the supporters of the Central could deal with very real and horrible ily life prevention projects. They spent American Free Trade Agreement love threats, such as the potential for a nu- nearly twice as much money on absti- to say three things: they say that clear device that could deal with the nence-only education money in Amer- CAFTA will increase jobs in the United radiological aftermath and things of ica as on all flu vaccine spending. States; they say CAFTA will mean that nature. A looming pandemic, and the Bush more production, more manufacturing Now, the Committee on Homeland administration and Health and Human in exports to other countries; and they Security will continue to investigate Services are off worried about absti- say that CAFTA will increase, en- those areas and deliberate in those nence-only education, as opposed to an hance, bring up the standard of living areas, and that is good, because we extraordinary threat to millions of in each of these developing countries in need to improve how we target those Americans. Central America and the Dominican funds, how they are spent, and how we This could become an incredible Republic. Well, Benjamin Franklin said assess the threats to the people of the problem as early as this year, but this the definition of insanity is doing the United States. More than $12 billion administration seems determined to

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00142 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15706 CONGRESSIONAL RECORD—HOUSE July 12, 2005 just bumble along until the time when tary commissioned officer can expect line, and I quote, ‘‘Beforehand handing the pandemic begins, and then it will to earn between $100 and $270 a day, for over power to the newly elected Iraqi be too late. There is only one producer a paltry total of $36,000 to $96,000 a government in January 2005, the CPA overseas. Other nations have lined up year. Enlisted soldiers, those who carry established Memorandum 17, a notice to buy their production. The United out the toughest assignments and are that called for all private security States of America has not. The phar- in the most danger and need the most companies operating in Iraq to register macies will run out quickly. We do not support, earn $36,000 in a good year. by June 1 and established an oversight have adequate hospital surge capacity. That is outrageous. committee led by Iraq’s Ministry of the We are vulnerable in so many ways, General Omar Bradley, the GI gen- Interior. According to Lawrence Peter, but the Bush administration thinks it eral himself said, ‘‘Leadership in the a former CPA official and the director is more important to spend money on democratic Army means firmness, not of the Private Security Association of abstinence-only education than pre- harshness; understanding, not weak- Iraq, as of June 21, 2005, 37 security serving the health of the American ness; justice, not license; humaneness, contractors have registered with the people in the face of these deadly not intolerance; generosity, not selfish- Iraqi Ministry of the Interior. One is threats. ness; pride, not egotism.’’ awaiting approval, and 18 additional se- Hopefully they will begin to do bet- I thought a lot about those words as curity companies are in the process of ter, and, if they cannot, perhaps the I am increasingly saddened as I watch registering.’’ Republican leadership in Congress will what seems to be transpiring in the Mr. Speaker, what on earth is going allow us to move legislation that will Iraqi war. As each day passes, a non- on in Iraq? How do we distinguish be- force them to do better in the future to sensical strategy is unraveling in Iraq tween soldiers of fortune and those of protect the American people. that threatens to transform many of our own military who are committed to honor, duty, God, and country? Why f our most important ideals into crash commercialism. The utter mismanage- can this Congress not get straight an- OUTSOURCING MILITARY TO ment of the war troubles me as I wit- swers from the administration on this SOLDIERS OF FORTUNE ness what I perceive to be the under- and a bevy of other issues? Why are we The SPEAKER pro tempore (Mr. CON- mining of the honor code and the di- relying on thousands of contractors, AWAY). Under a previous order of the minishment of the meaning of the including some from third countries, to House, the gentlewoman from Ohio words ‘‘service’’ and ‘‘duty’’ that have provide backup and support to our reg- (Ms. KAPTUR) is recognized for 5 min- served as hallmarks of our military ular military? Why is it perfectly ac- utes. tradition from its inception. ceptable to outsource war, and this Ms. KAPTUR. Mr. Speaker, this Let me be clear. For those soldiers, under a veil of secrecy? I have hun- evening, I would like to talk about a both enlisted personnel and officers dreds of questions, and Members can cultural change occurring in the U.S. serving under the time-tested rules of rest assured I will refuse to stop asking military that is very troubling to me. engagement, I have no quarrel. They them until the American people get For those people who have served our serve bravely. Their integrity is indis- real and substantive answers to those country and continue to serve our putable, their will resolute. No, my ap- responsible. What really bothered me was when I country in the military service, the prehension lies with the architects of saw that Paul Bremer at the beginning words honor, duty, God, and country war. Where I am growing increasingly had guards around him that did not mean everything. These timeless words uncomfortable and downright con- have military-issued uniforms nor U.S. have motivated hundreds of thousands cerned is with the actions of the Presi- Department of Defense weapons. I of our patriotic citizens to enlist and dent and his role as commander in began to ask questions. I will continue serve in the United States military chief, his Vice President, and their to raise them, and I include for the over the decades, and they inspire a Secretary of Defense, Donald Rumsfeld. RECORD some additional materials. calling to rise above one’s own self-in- Together, they are authorizing a strat- Honor, duty, God, country. These timeless terest for the betterment of our Nation egy for the outsourcing of military words have motivated hundreds of thousands and her highest principles: Liberty, functions that is unparalleled in scope of patriotic citizens to enlist and serve in the equality and justice. and size in the history of this Nation. United States Military over the decades. Those high principles are in stark Never before have so many private con- These words inspire a calling to rise above contrast to what the World Book Dic- tractors, an estimated 20,000 private ones own self for the betterment of our nation tionary defines as a soldier of fortune, military personnel and 100,000 civilian and her highest principals—liberty, equality, ‘‘a man serving or ready to serve as a contractors, been utilized in such a justice. soldier under any government for function to perform critical security General Omar Bradley (the GI General him- money, for adventure or for pleasure.’’ and military needs in theater, duties self) said that ‘‘Leadership in the democratic I could not help but think about this that heretofore had been under the di- army means firmness, not harshness; under- and read and reread that definition as rect purview of the regular military standing, not weakness; justice, not license; I examine how pay and benefits pro- and its established chain of command humaneness, not intolerance; generosity, not vided to these private military per- beginning with the commander in chief selfishness; pride, not egotism.’’ / General sonnel engaged in the Iraqi war dwarf and his joint chiefs of staff. George Marshall, the architect of the Marshall what we provide our all-volunteer mili- Mr. Speaker, no one in Congress has Plan and one of the foremost General officers tary. Guards for private security firms any idea of the exact number of private of his day is oft quoted as saying, ‘‘Morale is on average are earning $400 to $600 a security contractors working and oper- the state of mind. It is steadfastness and cour- day or $144,000 to $216,000 in a single ating in Iraq. Last year, in response to age and hope. It is confidence and zeal and year, and they are earning it tax free. a detailed request levied by myself and loyalty. It is e´lan, esprit de corps and deter- That is right. These salaries and tax- dozens of our colleagues, the Coalition mination.’’ If only we were to heed the words free dollars are provided so long as the Provisional Authority compiled a list of these two incredible men as we continue to men remain in-country for more than a of 60 different firms employing a total engage in a costly and unpredictable war in year. of 20,000 personnel back then, including Iraq. The slain guards for Blackwater were U.S. citizens, Iraqis and third country Instead, I am increasingly saddened as I earning nearly a thousand dollars a nationals. No additional information, watch what seems to be transpiring in the day for an astronomical salary of no specifics on the contracts awarded, Iraqi war. As each day passes, a nonsensical $365,000 a year. Let us compare that to just a list. strategy is unraveling in Iraq that threatens to what we provide the men and women And so we watch the news, and we transform many of our most important ideals who have served in our military for 6 try to figure out what is actually hap- into crass commercialism. The utter mis- years, not even the 1 or 2 years that pening over there. According to an ex- management of the war troubles me as I wit- most personnel in Iraq are at. A mili- cellent journalistic expose’ on Front- ness what I perceive to be the undermining of

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00143 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15707 the honor code—and the diminishment of the already tumultuous occupation. After the to $216,000 in a single year. Tax-free. That’s meaning of words ‘‘service’’ and ‘‘duty’’ that ground victory, the U.S. watched the architect right Mr. Speaker, these salaries are tax-free have served as hallmarks of our military tradi- of the rapid sprint to Baghdad—General providing that these men remain in-country for tion from its inception. Tommy Franks—retire early. When his photo more than one year. The slain guards for Let me be clear. For those soldiers (both appeared like a 12 inch high pin up on the Blackwater were earning nearly $1000 a day enlisted personnel and officers) serving under cover of Cigar Aficionado Magazine in Decem- for an astronomical $365,000 yearly salary. the time tested rules of engagement, I have ber of 2003, just months into the occupation, Let’s compare that to what we provide the no quarrel. They serve bravely. Their integrity I wondered what Generals Joe Stillwell and men and women who’’ have served in our mili- is indisputable. Their will resolute. Omar Bradley would think. In that interview, tary for six years (not even the one or two No, my apprehension lies with the architects General Franks discussed the over-reliance on years that most personnel are in Iraq). A mili- of the War. Where I am growing increasingly Reserve troops, and the types of jobs that tary commissioned officer can expect to earn uncomfortable and downright concerned, is U.S. military personnel were asked to handle. between $100 and $270 a day—for a paltry with the actions of this President in his role as He said ‘‘We need to get people out of those total of $36,000 to $96,000 each year. En- Commander and Chief, his Vice President, jobs, get civilians in them, and get our military listed soldiers, those who carry out the tough- and their Secretary of Defense, Donald Rums- into the jobs that are the highest payoff in est assignments, are in the most danger and feld. terms of the military skills.’’ I thought to my- need the most support might earn $36,000 in Together they are authorizing a strategy for self: ‘‘This is coming from a general who has a good year. That is outrageous, Mr. Speaker. the outsourcing of military functions that is un- left nearly 150,000 of his troops in theater, In my hand I hold a solicitation sent to a po- paralleled in scope and size. Never before while at the same time feels that we are not lice officer in my Congressional District in To- have so many private contractors (an esti- allocating our resources in the best way pos- ledo, Ohio. It is from DynCorp International mated 20,000 private military personnel and sible.’’ I couldn’t think of a single precedent for LLC and promises an annual compensation of 100,000 civilian contractors) been utilized in such an action—to leave before relative calm over $120,000 to perform an ‘‘armed, plain- such a fashion—to perform critical security was restored. Before the peace was won. clothes mission’’ to ‘‘help the Iraqi judicial sys- and military needs in theatre. Duties that had General Franks had it half right. We are get- tem organize effective civilian law enforcement heretofore been under the direct purview of ting civilians into thousands of jobs in Iraq with agencies.’’ the regular military and its established chain of ease, but we’re doing it in exactly the wrong This is what we are dealing with on a daily command—beginning with the Commander in way. We are filling critical slots with civilians basis Mr. Speaker. As the U.S. attempts to se- Chief and Joint Chiefs of Staff. who are paid far more money than regular cure the peace in Iraq, thousands of individ- Mr. Speaker, no one in this Congress has U.S. troops, who have a much more cavalier uals are flooding into the country to perform any idea of the exact number of private secu- attitude toward duty, justice and honor and armed, dangerous and complex tasks, often rity contractors working and operating in Iraq. who are simply wrong for the job. with little to no formal or military training. Last year, in response to a detailed request My concerns grew exponentially during the A constituent of mine reports that her hus- levied by myself and dozens of colleagues, first year of the occupation. It was quite a band of more than 20 years, who moved to the Coalition Provisional Authority (CPA) com- shock to see Ambassador Paul Bremmer on Kuwait last year to take a very high-paying job piled a list of 60 different firms employing a the front page of the New York Times guarded ferrying security personnel into (and out of) total of 20,000 personnel (including U.S. citi- not by U.S. soldiers (in regular military uniform Iraq, is earning a huge salary and may not re- zens, Iraqis and third-country nationals). No and carrying military issue weapons), but by turn to the U.S. He has decided to divorce her additional information. No specifics on the private contractors in civilian clothing looking for a much younger Asian woman who has contracts that were awarded. Just a list. like something out of the NYPD undercover moved to Kuwait. Both intend to remain in the My colleagues and I are forced to rely on squad. To then learn their salaries were 5 to the tabulation of news articles and press re- Middle East. 10 times as high as our soldiers—who by the Mr. Speaker, this is not honor. It is not duty. leases to keep on top of what companies are way still can’t get adequate body or vehicle It is not God. And it certainly is not country. It operating in theater, what duties they may or armor—riveted my attention. is money. It is adventure. It is pleasure. may not be performing and just how much Then, on March 31, 2004, four Blackwater Mr. Speaker, we need to ask ourselves a money the United States government is pay- USA guards (again, private military/security fundamental question: what is a soldier and ing them. forces) were ambushed by Iraqi insurgents what is a mercenary? Why are we short- According to an excellent journalistic expose while on escort-duty west of Fallujah. As re- on the PBS program Frontline, ‘‘before hand- changing, under-supplying and selling out our counted, ‘‘The guards were killed; a mob of own U.S. troops to pay private military compa- ing over power to the newly elected Iraqi gov- Iraqis set their cars on fire and hung two of ernment in January 2005, the CPA established nies hundreds of millions of dollars so that the bodies from a bridge. The families of the their professional warriors can earn exorbitant ‘‘Memorandum 17’’ a notice that called for all guards are suing Blackwater for wrongful private security companies operating in Iraq to salaries? death: They claim the company did not meet I will be in the well of this House (every day register by June 1 and established an over- its contractual obligation to supply two SUVs sight committee led by Iraq’s Ministry of the if I must) asking these questions until they are with three guards per vehicle.’’ answered in a satisfactory manner. Interior. According to Lawrence Peter, a Those men went into Fallujah without noti- MISSION IRAQ former CPA official and the director of the Pri- fying or seeking the approval of the U.S. Ma- vate Security Company Association of Iraq, as rine Corps, then responsible for the security of ANNUAL COMPENSATION $120,632.00 of June 21, 2005, 37 security contractors have that sector. Tragically those men lost their Foreign Income Tax Exemption Applies registered with the Iraqi Ministry of the Interior. lives and it is a miracle that our own military WORK OVERSEAS! One is awaiting approval, and at least 18 addi- servicemen—who were ordered in to recover NOW HIRING! tional security companies are in the process of Up to 1,000 civilian police advisors will be their remains—escaped uninjured. More im- deployed to help the Iraqi judicial system or- registering.’’ portantly, the regional Marine commander was ganize effective civilian law enforcement Mr. Speaker—What on earth is going on in forced to alter his strategy for quelling the in- agencies. Iraq? Why can’t this Congress get straight an- surgency to not only recover the remains of Advisors will work with Iraqi criminal jus- swers from the administration on this and a the men, but deal with the heightened ten- tice organizations at the national, provincial bevy of other issues? Why are we relying on sions caused by the incident. and municipal levels to assess threats to thousands of contractors to provide backup Mr. Speaker, the World Book Dictionary de- public order and mentor personnel at all lev- and support to our regular military? Why is it fines a soldier of fortune as: ‘‘a man serving els of the Iraqi law enforcement system. perfectly acceptable to outsource war—and Contract length is one year. This is an or ready to serve as a soldier under any gov- armed, plainclothes mission. this under a veil of secrecy? I have hundreds ernment for money, adventure, or pleasure.’’ All lodging, meals, and transportation, of questions Mr. Speaker, and you can be as- I cannot help but read and re-read that defi- logistical, technical and administrative sup- sured that I refuse to stop asking them until nition as I examine how pay and benefits pro- port is provided at no cost to the officer. the American people get real and substantive vided to these private military personnel dwarf REQUIREMENTS TO QUALIFY answers from those responsible. what we provide our all-volunteer military. United States Citizenship. Perhaps the problem is the constant re- Guards for private security firms on aver- Minimum 5 years full time sworn law en- placement of theater commanders during an age, earn $400 to $600 per day—or $144,000 forcement experience.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00144 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15708 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Actively serving law enforcement officers, military in the mission to put Iraq on the they asked for an attorney, they were told to or recently separated (within 3 years). road toward democracy. But they say a few ‘‘shut up,’’ the contractors claim. They were Unblemished background. bad apples aren’t helping in those efforts. detained there for three days. Excellent health. ‘‘It seems there’s a lot more American-on- ‘‘I know for a fact with our situation, the Valid U.S. driver’s license. American [conflict] right now—we call it first 36 hours we were detained, there was a Valid U.S. Passport. ‘blue on white’—but then again there’s a lot lot of tension in the air and a lot of animos- Ability to communicate in English. of military people who are our closest friends ity toward us contractors for the money we Minimum age of 26. . . . so it’s a catch-22,’’ said Robert Shaver, make,’’ Shaver, who is now back in the Ability to qualify with a 9MM semi-auto- another detained Zapata contractor. United States and living in upstate New matic weapon. Among the contractors are about 20,000 York, told FOXNews.com. Annual pay package is $120,632.00. who work for private security companies, Ginter claims that on his way back from Resumes should detail specific experience, some of whom have come under criticism for being escorted from the bathroom, one of the certifications, specialties, ranks, and assign- bad behavior. Witnesses have been quoted Marines ‘‘physically forces me on the ments. telling stories about caravans of intimi- ground, banged my knees on the ground . . . Apply today! dating contractors driving fast through Iraqi he kicked my ankle into the cross position,’’ streets in their SUVs with guns hanging out and took off his cross necklace. He also [From FOXNews.com, July 6, 2005] the window. claims the Marine squeezed his testicles ‘‘so HOW DO YOU LIKE YOUR CONTRACTOR MONEY? Marine Col. John Toolan, who was the hard I almost puked’’ and threatened to un- military commander of the area that in- leash a dog on him if he moved. (By Liza Porteus) cluded Fallujah when four private security ‘‘Seriously, I thought someone had died, I NEW YORK.—For three days, a group of 16 contractors employed by Blackwater thought some way they had connected a American contractors in Iraq feared they (search) were ambushed and murdered last death to us and I thought . . . maybe it was had stumbled into a different world—one year, told PBS’ ‘‘Frontline’’ that the part of a joke, maybe it was training and we didn’t where the U.S. military viewed them, and the problem is that the military and con- know about it,’’ Ginter added. not Islamic extremists, as the enemy. tractors have different motivations in a dan- Raiche said he had his wedding ring and The ordeal began May 28 when a group of gerous environment. jewelry removed and was also threatened Marines suspected the contractors for Za- ‘‘We have a tendency to want to be a little with the dog. He also said he heard one Ma- pata Engineering (search) of shooting at bit more sure about operating in an environ- rine heckle, ‘‘how does it feel to make that them and Iraqi civilians in Fallujah. The ment,’’ he said. ‘‘Whereas I think some of the contractors’ money now?’’ A female Marine Marines allegedly bound and roughed up the contractors are motivated by the financial was taking pictures of the proceedings, they contractors, who were given orange remuneration and the fact that they prob- said. The contractors had blacked-out gog- jumpsuits to wear. They also received a ably want to get someplace from point A to gles placed over their heads when they were prayer rug and a copy of the Koran (search) point B quickly, their tendency [is] to have put on a bus from the original detention site and were placed in a cell next to Iraqi insur- a little more risk. So yes, we’re at odds. But to another one near Fallujah, where Iraqi in- gent suspects. we can work it out.’’ surgent suspects are also kept. Ginter said The contractors, eight of whom are former Contractors who were once in the armed there was a small slit in the goggles that he military men, wondered how the Marines forces themselves, like Zapata’s Ginter and could see out of. supposedly could throw the idea of ‘‘Semper Matt Raiche, say they went over to Iraq as ‘‘I watched as my fellow brothers were Fi’’ out the window and treat fellow Ameri- private citizens to help pay the bills back thrown to the ground, physically abused . . . cans so poorly. home. knees, necks, tossed to the ground with the ‘‘If we were terrorists, they would have ex- ‘‘I didn’t want a dead-end job, I didn’t want female taking pictures,’’ Ginter said. ‘‘It was tradited us so they could have charged us to live paycheck to paycheck’’ and live off like going into the Twilight Zone.’’ . . . once they cleared us, they should have loans, Ginter told FOXNews.com about why Ginter and Raiche said only five or six let us go,’’ Pete Ginter, one of the Zapata he became a contractor. members of their group were interviewed contractors, told FOXNews.com in a recent A CASE OF THEY SAID, THEY SAID when investigators from agencies like the interview. ‘‘I think it’s some personal ven- FBI showed up. They said they asked for a The Zapata contractors were detained in detta they had against us.’’ lawyer, to make a phone call, to contact the Fallujah (search) after the Marines said the Several of the contractors told Red Cross, Amnesty International and others contractors sprayed gunfire at them and a FOXNews.com the gripe appeared to be fi- but were denied such requests. They claim group of Iraqi civilians from an armored con- nancial, stemming from jealousy over the about four Marines, however, were in ‘‘total voy twice earlier that day. The crew was in belief that contractors make more money. awe—they could not believe what was hap- Iraq destroying enemy ammunition and ex- ‘‘How do you like your contractor money pening,’’ Ginter said. now?’’ one Marine barked, according to those plosives. INVESTIGATING THE INVESTIGATIONS contractors interviewed. The contractors say they have proof that On June 9, a statement from a Marine they weren’t near the position where the Ma- Neither Ginter nor Raiche have been ques- spokesman said that while detained ‘‘in ac- rines claim they were shot at earlier in the tioned by military investigators since they cordance with standard operation proce- day and were actually dropping off ordnances returned from Iraq. Mark Schopper, the Ne- dures, the Americans were segregated from at Camp Victory at the time. Several told vada-based lawyer for some of the contrac- the rest of the detainee population and, like FOXNews.com in interviews that sign-in logs tors in question, said he doesn’t believe any- all security detainees, were treated hu- can corroborate their story and they said one in the group has been. The Justice De- manely and respectfully.’’ they have receipts from a restaurant and partment also reportedly is looking into the The statement said the investigation will other places they stopped at during the time incident. look into ‘‘all aspects of the incident, as well in question. Plus, the contractors say the Gail Rosenberg, a public relations consult- as the accusations made by the contractors.’’ Marines’ description of the convoy doesn’t ant for Zapata, told FOXNews.com on Thurs- Manuel Zapata, president of Zapata Engi- match the vehicles they were driving. day that the internal investigation from Za- neering, released a statement soon after the Ginter and Raiche say the problems began pata Engineering is still ongoing. Rosenberg incident saying he was ‘‘disturbed’’ by the with a flat tire. Their group was changing a added that ‘‘there has been no direct con- allegations but acknowledged the root cause tire that blew out after their driver didn’t tact’’ between Zapata and the government likely was a ‘‘misunderstanding by people make a turn wide enough to avoid a spike on the investigation since the original Za- who are living and working in an intense and strip when a group of Marines came out and pata statement was released after the inci- stressful situation.’’ said they wanted to go back to their com- dent. He added: ‘‘At the same time, we are also pound and talk. The military has had little to say about disturbed over reported accounts by our per- The Marines said two rounds of ammuni- the incident since it first happened. Lt. Col. sonnel of their treatment while in Marine de- tion had hit near where they were stationed. David Lapan, a Marine spokesman, issued a tention.’’ When the Zapata crew asked to see exactly statement saying the Naval Criminal Inves- where the rounds hit, they said they couldn’t tigative Service would handle the investiga- ‘BLUE-ON-WHITE’ ANTAGONISM get a straight answer. tion. The Zapata crew was part of a community The contractors said they fired warning Lapan suggested that the Marines were fol- of about 120,000 private foreign contractors shots into the ground—standard procedure— lowing procedure in how they handled the in Iraq, many working side by side with U.S. to prevent a suspicious vehicle from ap- contractors. And while Lapan said all military personnel to rebuild a country vir- proaching their convoy but that they never charges would be investigated, he added tually destroyed by 30 years of neglect and aimed at Marines or civilians. ‘‘thus far we have seen nothing to substan- war. The Marines eventually brought the Za- tiate the claims.’’ These contractors say they wholeheartedly pata contractors to a compound where they When contacted by FOX News for an up- stand behind President Bush and the U.S. were put in 6-by-6 foot concrete cells. When date on the investigation last week, Lapan

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00145 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15709 said in an e-mail exchange: ‘‘No new develop- mittee has been instrumental in help- oversight and toothless penalties while ments on the military side. The investiga- ing China and the Chinese oil company the credibility of the United States tion continues.’’ put together their bid to purchase Congress suffers. We have had a debate So far, even though some of the Zapata Unocal. about campaign finance reform here in contractors say they haven’t been contacted by the NCIS, investigators have spoken to The other day, the Center For Public this Congress, a debate that ultimately personnel with the U.S. Army Corp of Engi- Integrity disclosed that big drug com- put some distance between donors and neers. panies spent $800 million in the last 7 candidates. Now we need a similar de- ‘‘As far we know, it’s still ongoing, we years to influence the Congress, the bate as it relates to lobbyists and don’t have anything new’’ on the investiga- Senate, and the legislation and the Members of Congress. tion, said Kim Gillespie, a spokeswoman for policies we have here; and then just b 1945 the U.S. Army Engineering and Support Cen- last year we passed a pharmaceutical ter in Huntsville, Ala., which specializes in prescription drug bill that ended up We tell, in this institution, corporate ordnance and explosives and administered America how to clean up their act. We the Zapata contract. ‘‘They didn’t give us producing or will produce $132 billion in additional profit for the pharma- tell professional sports teams how to any indication as to when they’re going to clean up their act. Yet when it comes wrap this up . . . I will assume we will be ceutical industry. made aware when this investigation is com- The tobacco industry donated over to our business, how we clean up our plete.’’ the last few years $40 million to the house, we are not very good at that. We Coincidentally, Gillespie said Zapata’s con- Republican Party, and then they get a think business as usual is just fine. tract for the explosives work it was doing in sweetheart deal by the Department of It is time we updated our laws to re- Iraq expired Thursday; that contract date Justice for just pennies on the dollar flect the explosive growth and increas- was predetermined a year ago, however, and when it came to settling a lawsuit. ing influence of the professional lob- has nothing to do with the alleged incident byist community. It has been 10 years involving the Marines. They settled for 8 percent of what they had originally gone in for, $10 million since we have done anything. The gen- GETTING ON WITH LIFE versus $130 million. USA Today points tleman from Massachusetts (Mr. MEE- After the Fallujah incident, the military out that corporate donors have given HAN) and I have introduced the Lob- gave each of the 16 contractors a letter bar- more than $120 million to Republicans bying and Ethics Reform Act. Our bill ring them from further operations in Al creates a code of official conduct for Anbar province in western Iraq. during the last election, and now they ‘‘The contractors clearly, without doubt, are receiving their reward. For some Congress. In the coming days, we will experienced physical and psychological businesses, invest a little now and get have a Senate bill, itself, introduced by abuse and have suffered serious monetary a larger return later. That has been the a colleague of ours. This code of con- damages,’’ Schopper said. ‘‘They lost their motto. duct would close the revolving door by jobs, some of them their careers. . . . There Just take energy prices. Big oil and requiring former Members and staff to are serious, serious civil rights violations.’’ big energy companies has been a major wait a minimum of 2 years after they Schopper said that since he went public contributor to the majority party, the leave Congress before becoming lobby- with information regarding credit card re- ists to work back here influencing leg- ceipts and time logs that show his clients Republican Party. Oil is at $60 a barrel, weren’t in the area of the first shootings at approximately, and yet we talk about islation and trading on their knowl- the time in question, the Marines have giving a $8 billion taxpayer give-away edge. The bill would end the practice of changed their story as to who they think so big oil can do what? Drill for oil. I lobbyists serving as congressional trav- shot at them. thought that was their business plan. el agents by arranging lavish junkets He has not yet filed any formal complaints So what we are asking the American for Members of Congress. We also re- with the military because, ‘‘until we get a taxpayer to do is pay once at the pump quire lobbyists to disclose their past better feel of what’s going on, it doesn’t be- and again on April 15. Why? Because connections, previous Hill employment hoove us to show any of our cards.’’ and financial activities on a public ‘‘We’re hoping in fact that this is cleared big oil is a more influential player here up without any legal action and hopefully in Washington. database. the investigation, if they are in fact doing Special interests have attached The Meehan-Emanuel bill increases one, is in fact legitimate and will clear our themselves to Congress, and this para- the penalties for failing to comply with guys,’’ Schopper added. sitic relationship is having a corrosive the Lobbying Disclosure Act. It also Until then, several of the contractors said effect on our Nation of and for the peo- creates a bipartisan House task force their lives have been at a virtual standstill. ple. When the Speaker’s gavel comes to recommend ways to reinvigorate ‘‘There’s not much we can do’’ so far as down, it is intended to open the Peo- ethics oversight and enforcement. And work is concerned, Ginter said, noting that it would require the Government Ac- many government jobs he’s qualified for in- ple’s House, not the auction house. And volve high-level security clearances, which lately when we look at the tobacco in- countability Office to report twice a involve background checks. ‘‘Right now, dustry, the energy industry, the phar- year on the state of oversight and en- with this blot on my background, it ruins ev- maceutical industry, those who lobby forcement. erything, even if I was to work for the post on behalf of major interests like Chi- Mr. Speaker, the gavel should mark office . . . unless I want to work at McDon- nese oil companies, we can see some- the opening of the People’s House, not ald’s in a job.’’ thing that is happening as it relates to the auction house, and that is what the Raiche, a former firefighter before heading the People’s House. American people now see this Congress to Iraq, said he couldn’t even get that job doing. Unless we reform the relation- back, nor a job in law enforcement, until his The relationship between lobbyists name is cleared. and lawmakers has become far too cozy ship between the lobbying community ‘‘I have guys in the military right now who and close. Professional lobbyists and and Members of Congress, we cannot were personal friends of mine,’’ Ginter said. the lobbyist profession have become a restore the public’s faith in the Peo- ‘‘I have no resentment toward the military. back office for Congress, serving as ple’s House. We are suffering from a I want this off my record.’’ travel agents, employment agencies, systematic problem requiring an insti- f and authors of legislation. In fact, in tutional solution. We need more sun- the past 6 years, lobbying expenditures light, more transparency, better over- URGING LOBBYING REFORM have more than doubled to $3 billion sight and stiffer penalties. The Mee- The SPEAKER pro tempore. Under a annually. Yet while the number of pro- han-Emanuel bill provides that trans- previous order of the House, the gen- fessional lobbyists and their fees have parency. And let me add that this is tleman from Illinois (Mr. EMANUEL) is increased, only one in five lobbyists ac- not a partisan issue. I hope that Mem- recognized for 5 minutes. tually register as required. Of the 250 bers of both parties will join us in Mr. EMANUEL. Mr. Speaker, today top lobbying firms, 210 failed to file one working together to pass these impor- in the Washington Post, we found out or more of the necessary documents. tant reforms. that a key adviser to President Bush The special interests have benefited Mr. Speaker, we have a duty to en- on the Intelligence Advisory Com- from the weak reporting, nonexistent sure that the voices of the American

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00146 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15710 CONGRESSIONAL RECORD—HOUSE July 12, 2005 people are not drowned out by the pro- So that June day in 1994, Jake Pickle they offered a health benefit to try to fessional lobbyists working the halls of got off the bus, not knowing how he encourage some folks to come and Congress. Only through lobbying re- would get back to his hotel in France, work at their place of business. The form can we return the People’s House to go pay his respects to his personal government at that time had to decide to the American people. friend and fellow Texan and American, whether it was going to treat that f Earl Rudder, the hero along with health benefit as a taxable benefit or America’s Rangers at Point du Hoc. whether it was going to be a non- IN MEMORY OF CONGRESSMAN That was the character of Jake Pickle. taxable benefit. Were they going to tax JAKE PICKLE Our Nation will miss Jake Pickle, but the employee for getting that benefit The SPEAKER pro tempore. Under a the world is a better place today be- or not? What the government at that previous order of the House, the gen- cause of his life of dedicated public time elected to do is to treat it as a tleman from Texas (Mr. EDWARDS) is service. nontaxable benefit. And so began this recognized for 5 minutes. Mr. Speaker, Winston Churchill once incentive that we now have and have Mr. EDWARDS. Mr. Speaker, I did said that we make a living by what we lived with for the past 60 years or so not just like Jake Pickle; I loved Jake get, we make a life by what we give. By for employer-based health care. Pickle. Congressman Pickle was one of that high standard, Jake Pickle led a During the 1950s, there was a period the finest public servants to have ever rich life, a life that enriched every one of significant collective bargaining in served in this House, and he was a true of us blessed to have known him. our Nation, and many individuals got Texas treasure. He was a kind, decent, Goodbye, my friend, until we meet their health insurance with what is called first dollar coverage, meaning caring human being who spent his en- another day. Thank you for the memo- that every single dollar of their health tire life making life better for others. ries. Thank you for your friendship. care was paid for by somebody else. In Whether it was helping a veteran re- Thank you for making America and the 1960s, the government got involved ceive health care, bringing research the world a better place. with Medicare and Medicaid and insti- dollars, and he brought many of them, f to his beloved University of Texas or tuted Medicare as a program that was saving the Social Security system in GENERAL LEAVE a cost-plus program, meaning that those individuals that were providing 1983, Jake was always dedicated to Mr. EDWARDS. Mr. Speaker, I ask the care were paid for the cost for pro- helping others. unanimous consent that all Members viding it plus some. And so what you Jake Pickle’s faith was shown time may have 5 legislative days in which to had over a period of the next 10 or 12 and time again as he lived the com- revise and extend their remarks and in- years or so was a significant increase mandment to love thy neighbor. Jake clude extraneous material on the sub- in the cost of health care. Businesses Pickle lived every day with another ject of my special order today of J.J. said, Hey, wait a minute, what’s going biblical verse, ‘‘This is the day the ‘‘Jake’’ Pickle’s death. on here? We’ve got to have some help. Lord hath made. Let us rejoice and be The SPEAKER pro tempore. Is there And so instead of looking at that situa- glad in it.’’ Jake lived every day joy- objection to the request of the gen- tion then and moving toward a system fully. He lit up a room when he walked tleman from Texas? that allowed individuals greater choice into it because of his joyful, positive There was no objection. and greater opportunity for their selec- approach to life. His positive approach f tion in health care, what happened was has enlightened the lives of all of us SMALL BUSINESS AND HEALTH an increasing regulation of both the in- blessed to have known him. surance industry and the beginning of Jake Pickle exemplified courage CARE HMOs and the managed care as we when he voted as a freshman Congress- The SPEAKER pro tempore. Under know it. All of this began basically the Speaker’s announced policy of Jan- man from Texas to pass the Civil with the tax favorability for employers uary 4, 2005, the gentleman from Geor- Rights Act which brought to reality to purchase health insurance. And so gia (Mr. PRICE) is recognized for 60 the promise of equal opportunity to that system flourished. millions of African-Americans. He did minutes as the designee of the major- Now, tying health care to jobs has it because it was the right thing to do, ity leader. had many unintended consequences even though it could have ended his po- Mr. PRICE of Georgia. Mr. Speaker, and many that have adversely affected litical career. what an honor it is to come before my those who can get insurance. As a leg- I want to tell one story about my colleagues tonight to talk about some islature, as a Congress, as leaders and friend Jake Pickle. In June of 1994, he of the most important aspects of all of decisionmakers, we need to make it and I were part of a U.S. congressional our lives, and that is our jobs and our easier for businesses to provide health delegation at the 50th anniversary of health and how they are tied together. insurance. One person who knows first- D-Day. After the ceremony on June 4 I think it is helpful to begin this by hand about that and about how to of 1994, our bus was about to leave to answering the question, how did we get make that happen is the gentlewoman go back to a hotel an hour to 2 hours to this point? Why do most Americans from Tennessee (Mrs. BLACKBURN). The away. I noticed Jake getting off the receive their health insurance from gentlewoman from Tennessee is a bus by himself. I stopped, walked up to their employer? Did you ever think small business owner herself and rep- him and said, Jake, what are you about that? Whether it is good or bad. resents a district that is heavily de- doing? And he said, Why don’t you You think about other kinds of insur- pendent on small businesses and the come with me, Chet? ance. Car insurance does not come jobs that they generate. She under- So I followed Jake Pickle off that from your employer necessarily. Cer- stands this issue as few do and has been bus. We walked several hundred yards. tainly, health insurance does, and that a great leader in our Congress in an ef- We went to Point du Hoc, that monu- is so incredibly important. Your home fort to pass both the health savings ac- ment to American GI courage on D- insurance does not come from your em- counts and associated health plans. I Day when Colonel Earl Rudder led Rud- ployer. Why health? Like most things, am proud to yield to my colleague as der’s Army Rangers up that stiff cliff it has a long and a curious and some- she discusses the issue of small busi- against murderous fire by the Germans times a colorful history. ness and health care for a few mo- above them. It turned out that Jake By way of introduction, and I will be ments. Pickle and Earl Rudder, then the land brief, but I think it is important to re- Mrs. BLACKBURN. Mr. Speaker, I commissioner of Texas, roomed to- view kind of how we got to where we thank the gentleman from Georgia for gether after the death of Jake’s first are right now. Actually it begins dur- his leadership on this issue. He cer- wife when then General Rudder was ing World War II when employers were tainly brings a wonderful perspective serving as land commissioner in Aus- short on employees, and they were at- to our body as he leads in the discus- tin, Texas. tempting to attract employees, and so sion of small businesses and health. I

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00147 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15711 think most people know that small There are just a couple of other quick opportunities to purchase health insur- town physicians, that is a small busi- points that I would like to add. Look- ance. ness, and working with small business ing at health care and the viability of I mentioned briefly before the tax employers, he understands so readily health care for small business is not treatment of health insurance and why how employers truly desire to provide new. This is not something that is on we seem to be in a situation now where great benefits for their employees. Mr. the plate for the first time in the 109th there is this remarkable incentive for Speaker, I think most small business Congress. This is an issue that our employers to purchase health insur- employers feel like their employees are leadership has been focused on for ance, and that again is because of the family. They want to be certain that many years. tax treatment. And nobody under- they have got the best of everything, stands that better than the next indi- the best of opportunity, the best of b 2000 vidual whom I have asked to join me health care, the best work environ- One provision that was on the table today. Because of this tax incentive, ment, because they treasure having for quite a while and finally was passed solutions to our current situation must those individuals work with them. in the 108th Congress is health savings address the taxes and how they affect Most small business owners under- accounts; and for small businesses that decisions about the purchase of health stand, too, that it is important that are seeking to find an affordable way care. employees be happy and content in to continue or to give health choices And one person who understands this their work environment, that they stay for their employees, the health savings as well as anybody and is a good friend with you, because one of the greatest accounts are a wonderful alternative. and legislator is the gentleman from expenses is having to train a new em- And, Mr. Speaker, one of the things Iowa (Mr. KING). The gentleman from ployee, having to help them learn the that has come to mind that we have Iowa (Mr. KING) is working to fight ropes, learn the skills, come up to seen with the past year, with the ad- burdensome government regulation speed to fill that role. They also know vent of health savings accounts, more and red tape. He truly understands the that good health care is important be- than 1 million Americans have chosen challenges of starting and operating a cause of time lost from work. That is this as an option because it is a way for business first hand as a successful agri- very expensive. That means an em- them to save, to set aside, and a way businessman. He brings 28 years of ployer, if he has an employee who is for them to begin looking to expanding business know-how with him to Con- sick, who has not had access to good their health care dollar, being certain gress, and he has introduced a very ex- preventative health care, then what that they have that health care dollar citing piece of legislation that talks happens? He has to go hire a temporary where they are getting basically the about the tax treatment of the pur- employee to fill that job. So small most bang for their buck. And I cer- chase of health insurance. business employers understand the im- tainly think that it is to our credit I yield to the gentleman from Iowa portance of creating a good comprehen- that this option was made available to (Mr. KING). sive work environment and the impor- the American people last year, and I Mr. KING of Iowa. Mr. Speaker, I tance of appropriate health care and commend our leadership for that. thank the gentleman from Georgia health coverage for employees. Another bill that this House has (Mr. PRICE) for yielding to me. I appre- I cannot go any further talking about passed, and we certainly are looking ciate the opportunity to speak here to- a small business without first having a forward to the same type of success night, and I appreciate his organizing couple of things to say about this eco- with, is association health plans. These this Special Order so that we can fur- nomic engine and what a lot of these are basically small business health ther take a look into some of the small business employers are able to plans that we talk about in my dis- things that we can do to improve the do. We are averaging 146,000 new jobs a health care circumstances within this trict, because it will allow businesses month. Unemployment is at near his- country. to group together in their associations, toric lows. We are just above 5 percent Mr. Speaker, health care costs are es- on unemployment. What that tells us of different types, whether they are calating. And there are few options for is that the small business sector is small business manufacturers or maybe small business owners to choose from working, that with new ideas and new marketing companies or some of the when selecting insurance coverage for innovations and lower taxes and with high-tech companies, but group to- their employees. In order to keep and the focus on lessening regulation like gether and pool their buying power so attract talented workers, sourcing af- we have done this very week, this very that they can have group policies for fordable, quality health insurance is a day right here in this House as we have their employees and will be able to do top concern. As an owner/operator of a looked at OSHA regulations and found it more affordably. small construction business for over 28 ways, we passed four bills, finding a So association health plans will be years, I am well aware that the largest way to help make OSHA and the rules another great addition, putting a little challenges here are access and cost. and the regulations less burdensome to bit more of that private sector exper- But even though small business is small businesses. So it is wonderful tise back in there to get the cost of the backbone of our American econ- that during this small business week, health care down so that it is more af- omy, over 60 percent of the estimated we have our legislative attention fo- fordable for our small business employ- 43 million people without health care cused on what we do, not to create ers. are small business owners, both em- jobs, what we do not to strap down I want to thank the gentleman from ployers and their dependents. Addition- business, but what we do to create the Georgia again for allowing me to come ally, small businesses, which create type environment in this Nation that in and participate as we talk about two out of every three jobs in this small business and free enterprise can small businesses, keeping them country, continue to struggle with the do what they do best, that is, create healthy, keeping them vibrant, and high cost of offering health insurance jobs, be the economic engine for this also having health care affordable and to their employees. The structure of great Nation. available for their employees. I thank the current health care industry does I commend our leadership here in the him for the leadership. not allow many small business owners House for continuing to work on these Mr. PRICE of Georgia. Mr. Speaker, and their employees access to afford- issues and put this focus on small busi- reclaiming my time, I thank the gen- able health insurance. As a result, un- nesses, whether it is through an energy tlewoman so much for her comments. I insured figures continue to rise as the bill or through the death tax repeal or appreciate her leadership in this issue cost of insurance continues to sky- class action fairness or bankruptcy or and so many other issues in our Con- rocket, pricing many small businesses jobs training improvement. All of that gress, and I thank her for her perspec- out of the marketplace. affects small business, much the same tive as a small business owner and Many factors contribute to the over- way as health care affects small busi- somebody who has been a real advocate all cost of health care. Lack of com- ness and its employees. for increasing choices for patients and petition in the small group market,

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00148 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15712 CONGRESSIONAL RECORD—HOUSE July 12, 2005 litigation, and mandates are just some HSA providers report that a high num- have targeted on H.R. 37 because I of the many culprits driving up costs. ber of previously uninsured individuals think it is the one thing that we can do The problems facing small business are buying HSAs in the individual mar- to bring deductibility to the employees owners, their employees and families ket. By allowing consumers to deduct who are not able to deduct their health must be addressed as part of the over- the premiums, we are building on the insurance premiums. But I believe that all health care debate. benefits of HSAs and will make health if a Fortune 500 company can deduct a I support health savings accounts, insurance affordable for America’s un- full coverage insurance plan and every HSAs, recently enacted under the insured population. dime that they put into that full cov- Medicare Modernization Act, coupled Health savings accounts will also erage insurance plan is an above-the- with hide-deductible health care plans. help reduce the number of uninsured line deduction, a Schedule C deduction, They are a way for small businesses Americans by allowing small busi- on their income tax, then that also and individuals to lower their health nesses more choice in the current small should be available for every citizen care premiums. Along with HSAs, indi- group market. Additionally, individ- whatsoever in the United States of viduals should be allowed to deduct 100 uals who have catastrophic health care America. percent of their high-deductible health coverage with a health savings account H.R. 37 takes us down that path. It plan premiums if they are not sub- should be allowed to deduct 100 percent gets us closer. It does not get us all the sidized by an employer plan already. of their premiums from their taxes. way. We will not get this done over- High-deductible health care premiums HSAs, along with 100 percent deduct- night. It has been over 60 years to get are defined as a minimum of $1,000 and ibility, will provide small businesses in the condition that we are in. up to $5,100 deductible for individuals with more accessible, affordable op- I thank the gentleman from Georgia and a minimum of $2,000 and up to tions in the health insurance market. for organizing this Special Order to- $10,200 deductible for families. I have A government-run health care sys- night and for bringing his profes- introduced a bill titled the Health In- tem is not the solution to the health sionalism in the health care industry surance Affordability Act, H.R. 37, care problems facing small businesses. and his experience as a doctor that ac- which would allow for this type of de- A government-run health care system tually sees how this works in the lives ductibility for health insurance pre- or mandates and minimum benefit and minds of patients to the floor here miums. packages forced upon small employers tonight and to everything he does here Currently, large businesses are al- will deter or even destroy entrepre- in this Congress. I thank the gen- lowed to deduct employee health insur- neurship and the growth of small busi- tleman from Georgia (Mr. PRICE) and ance premium payments, as are small nesses. appreciate his yielding to me. businesses, for their employees as a Mr. Speaker, the small businesses in Mr. PRICE of Georgia. Mr. Speaker, business expense. Unfortunately, em- this country lead in new jobs. They reclaiming my time, I thank the gen- ployees of small businesses that cannot lead in employment. They are at a dis- tleman from Iowa (Mr. KING) so very afford to provide health insurance cov- advantage today because the structure much for his comments. erage are not able to deduct the cost of of health insurance premiums is wrong, When I first started looking into this health insurance. This group of people and it is wrong because it lacks full de- issue of health insurance and why it includes waitresses in diners, workers ductibility for the people who utilize seemed that employers had this rein dry cleaners shops, temporary work- it. And this goes back in history to markable incentive and I looked back ers; and that is just a few. With the ris- World War II when we had wage and and looked back and tried to figure out ing cost of health care coverage, many price controls and when that order where it began and I got to the discus- of the Nation’s small employers are came out, employers were looking for a sion about World War II and I talked to dropping coverage, which increases the way to compete in a shrinking labor some of my friends about it and they number of uninsured Americans. market because much of the labor put would say it could not have started In the 2004 State of the Union Ad- on a uniform and went overseas to back then, I appreciate his perspective dress, President Bush proposed that in- fight World War II. on it and his knowledge and expertise dividuals who buy catastrophic health So in keeping with the freezing of in appreciating that the tax treatment care coverage as part of our new health wages and prices, instead they gave of the purchase of health insurance is savings accounts be allowed to deduct health care benefits to their employ- so important, so incredibly important, 100 percent of their premiums from ees; and it was not really circum- as we try to solve the challenges of the their taxes, President Bush’s fiscal venting a raise, but it was keeping increased cost of health insurance and year 2006 budget request stating the with the freeze, but it was benefits to health care. I thank him so much for following: ‘‘Above-the-Line Deduction compete for that shrinking labor sup- joining me tonight. He was very kind for Certain Health Insurance Pre- ply that was there. to participate and bring focus to those miums, under this proposal all individ- That tradition now has been in place issues. uals who purchase a high-deductible over 60 years, and in this 60-plus years, I touched a little earlier on that as- health plan in conjunction with a we have watched it get more and more sociation between jobs and health care health savings account would be al- distorted every year. So if a large cor- and how jobs are so important to lowed to deduct the amount of the poration or a government employer can health care because of the tax treat- health plan’s premium from their tax- offer a health insurance benefit that is ment. And so it is important that we able income even if they do not itemize fully deductible and especially to large talk about jobs and small businesses; their deductions.’’ That is the Presi- corporations and there sits a ma-and- and this Congress has worked incred- dent’s proposal. It mirrors my proposal pa operation, a family farm, a gas sta- ibly hard, incredibly hard, to create on H.R. 37, the Health Insurance Af- tion, a convenience store, a company jobs, especially in the area of small fordability Act, which I drafted and that is hiring part-time labor, these business; and it is important. We keep dropped last year as well as this year. people that are disadvantaged from the talking about small business because This new deduction would make high- current structure, when they are dis- that is the engine, that is the engine deductible health plans more afford- allowed from full deduction of their that drives our economy. able. health insurance premiums, should be Ninety-nine percent of all businesses We should follow the President’s lead allowed that deduction. That is what in this Nation are small businesses, and continue to promote personal the Health Insurance Affordability Act and 75 percent of all new jobs that have health care ownership and control of does, H.R. 37. It is one piece of the been created have been jobs that are health care policies. H.R. 37 provides whole puzzle that we need to do. added in the area of small business. an above-the-line tax deduction of the The gentleman from Georgia (Mr. And this Congress has been incredibly health insurance premiums for those PRICE) is bringing forth a more com- diligent in making certain that we who buy their own HSA plan. Several prehensive discussion here tonight. I have the right incentives to create

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00149 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15713 jobs. And they have been mentioned rable goods increased by 5.5 percent in pay an estimated 12 percent more for earlier, but I would like to touch on a May. That is the largest increase in 14 employee health care than benefits in couple of them. months. U.S. manufacturing continues 2003, 12 percent more, marking the fifth The Energy Policy Act that we to expand. Again, for the 25th consecu- consecutive year of double-digit in- passed will create nearly 1⁄2 million new tive month, manufacturing expanded creases and a doubling of employer jobs in the manufacturing and con- again in June. And we see it in the pri- health care costs since 1999. struction and agriculture and tech- vate sector as well, with consumer con- This graph is so incredibly poignant, nology sectors, 1⁄2 million jobs. The fidence rising nearly 3 points in June and it just shows the continuing in- Death Tax Repeal Permanency Act, to its highest level in 3 years. crease of the cost of health care. The that is not only an unfair tax, but it is Mr. Speaker, I am telling my col- cost for employers is the lower bar. also taking money out of the pockets leagues, the improving economy that The middle bar is the cost for employ- of individuals, especially small busi- we have talked about and the jobs that ees. And then the upper bar is the out- ness individuals, that they could use to have been created, it is not empty rhet- of-pocket costs for employees, and we instead grow their businesses. The oric, it is not just words. The policies see those continue to rise over the Class Action Fairness Act that we of this Congress and this administra- years. Decreasing these costs to Amer- passed, some legal reform. It is esti- tion, they are pro-growth, and they are ican businesses is imperative, because mated that $88 billion a year, $88 bil- leading the charge, and they are indeed what it will allow them to do is to lion a year, is spent on lawsuits; and if succeeding in the challenges that we spend more money on expanding their that money is not needed on inappro- have before us in creating jobs. operations and hiring workers, more priate lawsuits, then where can that But when I go home, when I talk to jobs. It has been shown that each percent- money go? To small business and to folks at home who are small business age point increase, this is a phe- jobs, create jobs, hire more workers. So owners, who create the jobs in this Na- nomenal statistic, each percentage this was an important bill that was tion, and when I talk to them and I ask point increase in health insurance passed and signed into law by the them, what is the biggest challenge costs increases the number of unin- President. that you have? I do not care what kind sured by 300,000 people. Think about The highway bill, the Transportation of small business it is, whether it is a that. Each single percent of increase in Reauthorization bill, not only will it restaurant owner or gas station folks or a small business owner or lawn care health insurance costs increases the increase the quality of our transpor- number of uninsured by 300,000 people. people, real estate, shoe repair, I do not tation infrastructure across this Na- This is an issue that is imperative, im- care what it is, their biggest challenge, tion, but it is estimated that for every perative for us to tackle as a Congress. $1 billion that is spent to improve our they will tell you that their biggest Then we have heard about the need highways, 40,000 jobs are created, 40,000 challenge is the health care, providing for legal reform, what kind of chal- jobs: $1 billion, 40,000 jobs. health care for their employees, and lenges we have in the area of liability many, many simply stop. They are un- b 2015 insurance that physicians and hos- able to provide health care any longer Do we know what that means for a pitals and others have. Those pre- for their employees, whether it is that miums for medical liability insurance bill that has a price tag of about $280 extra dollar that the health insurance billion? That is 15 million jobs. You have increased 500 percent, 500 percent costs or whether it is the undue burden since 1976, and what that has done is talk about a Congress that is serious of the regulation that pushes them driven many doctors out of the profes- about putting people to work, this is over the top. And they say, as much as sion, many of them closing their prac- that Congress. And the Job Training I would like to, I am just unable to do tices or decreasing the high-risk proce- Improvement Act that we passed so from a financial standpoint. dures that they do. I had one fellow breaks down the barriers for millions, So it is imperative; remember, most physician tell me that they had to stop millions of job-seekers. employees, most people get their one of their high-risk procedures, and I So this Congress has actively worked health insurance through their em- said, what was that? And they said, de- to expand small business which, again, ployer, again, because of the things we livering babies. An obstetrician, they is the engine, the engine of our econ- were talking about before, but it is im- could no longer deliver babies because omy, and it is working. We see the re- perative that we work on those con- that is defined as a high-risk proce- sults already. Mr. Speaker, 146,000 jobs straints that make it so that it is dif- dure. In fact, in our State, over a third were created in the month of June with ficult for employers to purchase that of the obstetricians have stopped deliv- the unemployment rate dropping to 5 health insurance. ering babies because it is a high-risk percent, the lowest unemployment rate The unemployment rate is coming procedure because of the cost of liabil- since September of 2001. Steady growth down with all of the work that we have ity insurance. The average jury award has taken place each of the last 25 done, now down to, as the gentlewoman in a medical malpractice case is now months with more Americans working from Tennessee (Mrs. BLACKBURN) men- up to $3.5 million, up more than 70 per- than ever before. tioned, 5 percent, a remarkable, recent since 1995. This cost of insuring This chart shows the declining unem- markable improvement in our econ- doctors against oftentimes petty and ployment rate and the number of jobs omy. frivolous lawsuits is reducing the qual- that have been created, and we see I want to talk about small business ity and access of Americans to top-rate each month for the past, on this chart, and health care facts. I want to talk health care. 13 months, but it has been 25 months in about the problem as it relates to the Now, there are a number of solutions a row, each month we have created jobs rising cost of health care and how it af- that have been put on the table, and I in this Nation, across the Nation. The fects jobs and the provision of that want to talk about three of them in economic indicators show strong and health care. As health care premiums kind of a larger principled way. The sustained growth with real gross do- continue to increase or as they in- first is about pooling resources. The mestic product and real income revised crease, employers are forced to pass second is about the tax treatment that up for the first quarter, and inflation that expense on to their workers in the we have talked about, and the third is down. Listen to this: profits as a share form of higher copayments or about liability reform. of gross domestic product are up to deductibles, and oftentimes, they have Associated health plans, which the their highest level since 1967, profits up to reduce coverage. They are not able gentlewoman from Tennessee (Mrs. to their highest levels since 1967. What to provide the same kind of coverage BLACKBURN) mentioned, are incredibly does that do? It allows businesses to re- that they have in the past. It is not be- important, and they work because invest and create more jobs. cause they want to; it is because they what they allow people to do is to pool Mr. Speaker, durable goods orders are being constrained from a financial larger numbers to purchase health in- are on the rise with new orders for du- standpoint. Employers this year will surance. Remember that 60 percent, 60

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00150 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15714 CONGRESSIONAL RECORD—HOUSE July 12, 2005 percent of the 44 million uninsured employees right now in America have and sometimes some medication, 90 Americans are employed by small busi- access to these accounts, but few of percent. But I promise you that every- nesses or are dependents of someone them take advantage of it because body that comes into the doctor’s of- who is employed by a small business. there is a use-it-or-lose-it rule. Now, fice with back pain, what do they get? Some people estimate that that num- what is the use-it-or-lose-it rule? Well, They get an x-ray. Now, they do not ber is as high as 85 percent, meaning currently, if you do not use the money get an x-ray because you can diagnose that 85 percent of the folks that are ei- by the end of the year that you have functional back pain on an x-ray; they ther employed or live in the home of put into a flexible savings spending ac- get an x-ray because if something is somebody who is employed by a small count for health care, then that money not picked up immediately on that x- business do not have health insurance, is forfeited. It goes away. It goes back ray, then they are liable. They are lia- of the 44 million who are uninsured. to the employer. ble to be sued for not picking it up in Phenomenal when you think about it. This rule is a huge disincentive for 1 week when they may have picked it What do associated health plans participating in a flexible spending ac- up in 3 weeks if the back pain did not allow you to do? They allow you to buy count, and it probably drives up health get any better. That is the kind of in bulk. They allow one small business, care costs itself because it encourages thing that goes into the practice of de- a group of employees, say three or five individuals to spend money on health fensive medicine. It has to do with folks to join with three or five folks care at the end of the year that may blood tests. It has to do with heart from some other businesses to pool not necessarily be needed, but you have tracings. It has to do with extremely with eight or ten somewhere else, and three weeks left, and you have this expensive tests and studies that we before you know it, you have hundreds money in your account, so you might have available to us that are wonder- and thousands and sometimes millions as well go do that. So it has that ad- ful. They allow us to have the kind of of individuals who then use that pur- verse incentive for the purchase of ap- quality health care that we have as a chasing power to purchase health in- propriate health insurance. Nation. But what happens is that they surance. It allows them to get health So flexible spending accounts, allow- drive up the cost of health care to an insurance at the cost that some of the ing you to have equal tax protection, incredible degree and frankly do not larger employers do. Associated health tax-free purchase of health insurance increase the quality of care that is plans would be required to offer fully- or health care, in addition to the pool- being provided. insured or self-insured benefits that are ing that we talked about. Those are the How much money is that? The esti- certified by the United States Depart- first two. And the final one is medical mates vary because you cannot get a ment of Labor. There has been some liability reform. As the gentleman firm figure on that. No doctor orders a discussion about whether or not people from Iowa (Mr. KING) mentioned, I am test and says, this test is unnecessary. could provide cut-rate health insur- a physician, an orthopedic surgeon; So the cost is likely to be somewhere ance. Well, that is not the case. It en- spent nearly 20 years in private prac- in the range of $250 billion to $500 bil- courages broad participation in cov- tice of health care and saw during that lion, that is with a B, $250 billion to erage by prohibiting discrimination of period of time an incredible explosion $500 billion in the cost of health care any kind against certain high-risk in- in the cost of liability insurance, for each year in our Nation. dividuals. Again, if you pool numbers somebody that was never sued, never had a suit. And whether or not you do, of folks together, if you allow them to b 2030 join together and use their power to the real cost of the current crisis that purchase insurance, then they will be we have as it relates to medical liabil- That is why, that is why it is impera- able to do so in a very competitive ity reform is not the cost of the pur- tive that we have medical liability re- way. It increases the bargaining power. chase of the insurance for the doctor; form. So the cost of the insurance So the first area is allowing folks to that is not the real cost. Those costs itself is significant. But that is not the get together as groups, large groups, are going up, certainly, but that is not real reason. thousands, hundreds of thousands, mil- the real cost. But those are millions Now, there are a number of ways that lions of people to have the benefit of and millions of dollars. you can institute appropriate health purchasing insurance. The real cost, the real reason that we care reform. I believe that we must The second issue I want to bring to need liability reform in the area of give States as much flexibility as pos- the fore that would allow for a real so- health care is because of the practice sible. I think that there are a number lution has to do with the tax treatment of defensive medicine. You may have of good solutions on the table. I believe and flexible spending accounts. Now, heard about this. What is defensive that we have got to adopt one of those the gentleman from Iowa (Mr. KING) medicine? Well, when you go to your solutions that will have true and real talked about his idea for health savings doctor and you tell your doctor what and honest effect on the medical liabil- accounts and the equal tax treatment your symptoms are, what you think is ity crisis that we face. for individuals to purchase health sav- wrong, your doctor, he or she, will run So lots of solutions. Three that I ings accounts. Great idea. Works splen- through in their mind or look through have put out on the table tonight: one didly to move some of those incentives their resources to be able to determine is to allow individuals to pool together, so that people who are employed by a what kind of tests or studies ought to to be able to use the power of many small business or are self-employed or be done to make an appropriate diag- people for the purchase of health insur- are unable to get their insurance in an- nosis. ance; second it is imperative to allow other way will have an incentive to Now, the practice of defensive medi- individuals to have that equal tax purchase health insurance. And what cine says to the doctor that we ought treatment for the purchase of health flexible spending accounts do is that to do virtually everything that we can insurance that the employer has. We they allow workers to direct their em- do to make that diagnosis as rapidly need to make it so that all individuals ployers to deduct money from their and as accurately as possible, even have an incentive to be able to pur- paychecks to be placed in this flexible though those tests may not be abso- chase and have health insurance; and spending account, tax-free—tax-free. lutely imperative to do to make that then the third issue is the one that I That is the key. That is the incentive: diagnosis. The example that I like to touched on at the end there, that is, to pay for health care expenses that use is, if you have back pain and you the extreme importance of reforming they may incur during the course of came into my office, 90 percent of back our crisis in lawsuit abuse. It is imper- the year. It is a tax benefit to employ- pain, 90 percent of back pain is what is ative that that happen. If we do not do ees. Workers could save on their taxes called functional back pain. It means that, we do all of the other things, it is for the purchase of health insurance. that you hurt your back, and you not likely that we will be able to get It also provides for long-term cov- strained it, and it will go away, given our handle on the increase of health erage advantages, because 37 million a little rest and therapy and exercise care costs.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00151 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15715 So, finally, what three things drive life and the public service of a great nity center and health center and ele- up the cost of business for any busi- Texan and a great American, J.J. Jake mentary school all in one. ness, be it large or small? There is a Pickle of Austin, Texas. Congressman I noted among the tributes to Con- common denominator to those things Pickle led a long life, 91 years. He led gressman Pickle, the words of the first that drive up costs. They are taxation, a long period of public service in this principal of that school, Claudia Kra- they are litigation, and they are regu- Congress, some 31 years. mer Santamaria, who said, I was hon- lation. And tonight provides an opportunity ored to open the J.J. Pickle Elemen- The problem with the area of health to draw attention to that public serv- tary School and have Jake celebrate care is that all of those costs for the ice and that life and give Members of time after time with our school com- provision of health care for our entire this House an opportunity to incor- munity. He brightened our day with his Nation are passed on to somebody else. porate their remarks into the RECORD visits, told unforgettable stories to our They are passed on in this instance to in honor of Congressman Pickle’s serv- students, and gave endless support to the employer, by and large, who pro- ice. our school. vides again the majority of health in- Mr. Speaker, with the announcement The Pickle School family will con- surance. just before we began tonight that there tinue to cherish and live out his exam- When they are passed on to the em- would be no votes tomorrow, and with ple of genuine kindness and giving ployer, what is the employer bound to our running now approaching 8:30 here never-ending pride to our children. do? They must pass them on to the em- in Washington, a number of Members Jake set an example for me, not just ployee, to the worker. So the worker is have asked to have their remarks in- the school community. He will remain hit twice. It is a double jeopardy as it corporated into the CONGRESSIONAL in our hearts. relates to the ability to obtain health RECORD already. And with the new school year coming insurance. I have those of the gentlewoman up, another generation of young stu- So hopefully what we have been able from Texas (Ms. EDDIE BERNICE JOHN- dents will benefit from his work in pub- to do tonight is to bring some clarity SON) extolling particularly her long lic education and the work that goes and some focus to how jobs and how service with Congressman Pickle, and on in the St. Johns neighborhood in the health insurance are related, why it is his important vote for the 1964 Civil Pickle Elementary School and the important to concentrate on the cost Rights Act, and the statement of the community health center that is lo- drivers for health care, taxation litiga- gentleman from Texas (Mr. SMITH) cated there. tion, regulation, and why it is impor- who, following redistricting, now has a You know, there are these physical tant to provide options and opportuni- portion of Travis County that he rep- monuments, and of course when I trav- ties for both individuals and businesses resents for us in Congress. el into my office, along with other Fed- to purchase health insurance and to The gentleman from Texas (Mr. eral officials there in Austin, that is provide health insurance for their em- SMITH), the gentleman from Texas (Mr. also the J.J. Pickle Federal Office ployees. MCCAUL), the gentlewoman from Texas Building. There are those many phys- So with that, Mr. Speaker, I am hon- (Ms. JACKSON-LEE), and I, along with ical tributes to Congressman Pickle. ored to have had the opportunity to ad- the gentleman from Texas (Mr. THOM- But I think those tributes that are dress the House tonight; and once AS), the gentleman from New York (Mr. most meaningful are the ones that are again I want to thank my colleagues, RANGEL), and the gentleman from reflected in the stories of his service. the gentlewoman from Tennessee (Mrs. Texas (Mr. BARTON), were among those Normally, when someone appears BLACKBURN) and the gentleman from who traveled to Austin, Texas, a couple here in the House, they do so without Iowa (Mr. KING) who were so very help- of weeks ago now, for the memorial lapel pins or labels. I chose tonight to ful in bringing clarity to those issues. service at the First United Methodist wear my Jake green pickle button. And And I look forward to garnering the Church. there were lots of those that were at support of my friends on both sides of And while all of our hearts were the memorial service. There were the aisle, because this is not a Repub- heavy with the loss of Congressman many of them that were passed out lican issue, it is not a Democrat issue. Pickle, I cannot say that I have ever through the years, along with the It is an American issue. It is an issue been to a happier memorial service. Be- squeaky green pickle that was Jake’s that is important for all of our con- cause, in addition to being a father, a symbol that he would pass along to stituents across this Nation. grandfather, a great-grandfather and a kind of warm up, establish a tie to I look forward to working with all public servant, Jake Pickle was quite a someone that he was meeting for the Members of this House to solve the story teller and there were plenty of first time. challenges that we have. stories told in the course of that beau- He continued passing out those pick- f tiful memorial service, which will be les even after he announced his retire- made a part of our RECORD, here as a ment in 1994 at a gathering that I was IN REMEMBRANCE OF J.J. JAKE part of the CONGRESSIONAL RECORD in at, as if he had an endless supply of PICKLE this tribute. pickles and an endless supply of energy The SPEAKER pro tempore (Mr. And there were many stories told and interest in working with people. REICHERT). Under the Speaker’s an- outside of that memorial service that He really did set the standard for nounced policy of January 4, 2005, the added even more to the meaning of public service. Naturally, the Congress- gentleman from Texas (Mr. DOGGETT) friends sharing the tremendous service man could not have accomplished this is recognized for 60 minutes as the des- that Jake Pickle represents. without the support of a loving and ignee of the minority leader. I am reminded of it, of course, each supportive family. First and foremost GENERAL LEAVE time that I travel back to my home- his wife throughout this service, Beryl, Mr. DOGGETT. Mr. Speaker, I ask town, because when you land at the there was a great photograph of her unanimous consent that all Members Austin airport, you land on the Pickle and Jake boarding a Braniff airplane may have 5 legislative days within Runway or the Lyndon B. Johnson for Washington, just after he was elect- which to revise and extend their re- Runway. And when you travel into the ed in 1963, coming up, I suppose, to cel- marks and include extraneous material City of Austin, of course you see the ebrate Christmas here in Washington on this subject. University of Texas tower, very closely after he was elected in a special elec- The SPEAKER pro tempore. Is there identified with J.J. Jake Pickle, the re- tion there. objection to the request of the gen- search center there at the University I knew him first as Peggy’s dad, be- tleman from Texas? of Texas, north of the main campus cause Peggy Pickle and I were in Aus- There was no objection. named for Congressman Pickle, not far tin High School the same year that he Mr. DOGGETT. Mr. Speaker, I rise on from the J.J. Pickle Elementary was elected to Congress. Peggy gave a the joyous occasion of celebrating the School, a unique concept of a commu- wonderful tribute to her father at this

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00152 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15716 CONGRESSIONAL RECORD—HOUSE July 12, 2005 memorial service. And of course the behalf of veterans as Jake worked to visiveness, perhaps of acrimony, and even broader tribute that exists from the last day in 1994 in his office there turn it around into a moment of her, in working with Jake and the in Austin. humor. That is why a delegation of many stories that are incorporated in a Missy Mandell, George Phoenix, Reg both Republicans and Democrats join book that they wrote and presented to- Todd who served admirably as a dis- together to bring honor to him at this gether called ‘‘Jake’’ in 1997. trict director there in the office, Ateja memorial service and will be joining Peggy; her husband, Don; Dick Dukes who was there assisting Paul in together as a part of this special order McCarroll and his wife, Missy; Graham the office, Joe Grant. So many others to reflect on their experiences with McCarroll and his wife, Marsha. Jake’s that have continued to serve in dif- Jake Pickle. brother. There was something I remem- ferent ways here in Washington. One of Jake’s longtime friends, Eric ber going to, I believe it was an 80th People like Janice McCullough and Stumberg, summarized him as a man birthday party at the University of Barbara Pate who served here with Rob with a heart for children and the un- Texas Alumni Center a decade ago. And Portman on the Ways and Means Com- derdog, a vision for possibilities, a there were all of those people in their mittee. One person after another who great storyteller, and a wit and simple 80s from the Big Spring and the Roscoe was inspired by Jake’s own level of ac- wisdom to humble the arrogant. And area. There was something good in tivity to be active participants in the he always left a smile and an ideal to those big springs in that Howard Coun- process, not only working with Jake ponder along with that plastic Pickle. ty area, because many people with long Pickle, but working after they com- Jake was a man of ideas and he was lives, great stories and great service in pleted their official tour with Jake far ahead of his times. In addition to their own way, and one of those who re- Pickle, as indicated by the large num- some of the other areas that he worked mains with us, our friend, the brother ber of Pickle staffers, both at this me- in over 20 years ago, he was named the of Jake Pickle, Joe, his sister Judith morial service and at a great celebra- Solar Power Congressman of the Year. Pickle Lancaster, and her husband tion of Jake’s birthday here about a He seemed to have energy from many Jonathan, six grandchildren, including year ago. Once on this Pickle team, al- sources, but he recognized the impor- my former neighbor Bergan Casey, four ways a part of it. tance to our energy future of alternative energy sources. His attention to great granddaughters, including her b 2045 son, Peyton Casey, the McCarrolls, the the need for research and development Caseys, the other expanded family of It really is an humbling experience to was unfaltering as he doggedly pursued the Pickle family, sharing a special try to capture just a little of the es- one funding project after another for place in their hearts for all that this sence of this great American because the University of Texas. man contributed to the public, but for while his focus was on his home folks, I think that it is noteworthy that the family man that he was, and recog- the folks of central Texas that he rep- when Jake was elected to Congress, his nizing the sacrifices that they made so resented, he was also a great American district stretched from the Johnson that he could continue to be in there leader. He played a pivotal role in the ranch out in Blanco County all the way day in day out working so hard for peo- eighties in what was a very bitter and to the Harris County line. He went ple throughout central Texas. divisive debate over the future of So- from the hill country to the Texas He was also blessed with a tremen- cial Security. And by making some Gulf. He went through dozens of small dous staff. I can remember coming here changes in the Social Security system rural Texas communities, farming and to Washington for the first time as a then, he was able to bring it that addi- ranching communities. And when he University of Texas student myself and tional solvency from which we con- left office some 31 years later, he rep- the warm feeling that one got in going tinue to benefit today. resented basically the City of Austin, into Jake’s office over in the Cannon He was a person who knew a time in Travis County, because it had grown to Building, an office that when he first America when there was no Social Se- such a significant town. A city which came to Washington, with Jake Pickle, curity system. He recognized how real- would soon have, in 1 year, two $1 bil- he served in a more humble way, I be- ly important it is to provide that basic lion semi-conductor fabricators going lieve as a night watchman, probably at safety net for all of our seniors. His up. And this man’s ability to adapt hours like this, a job he told me he was work for Social Security, for Medicare over that period of time to those never very good at; but he was sure on the House Committee on Ways and changing conditions and to be a force good at what was happening working Means, was extremely important to for change in helping get the research night and day, first for Congressman preserving that for another generation dollars, the government support, real- Lyndon Johnson, and later in his own of Americans. izing that government certainly has to right on behalf of the thousands of peo- There is a great deal for us to learn be restrained at times but that it can ple across Texas that he represented. from the work that he did at that time be a force for positive good in the lives In the Washington office, Molly Kel- to try to bring people together to ad- of communities and in the lives of indi- logg was always there at the front desk dress Social Security problems, but to viduals. He recognized that. greeting people so warmly and giving do it in a constructive way so that So- He transformed, played a trans- them that Texas hospitality that we cial Security, the same Social Security forming role in our community in help- all relished when we came to see Jake Franklin Roosevelt signed into law ing Austin become a really world class in Washington. could be there for generations of Amer- center for technology. And I think at In the Austin office, a similar role icans to come. His work in oversight on the same time was able to preserve was played for many years by Dorothy the Committee on Ways and Means, in- those values and those relationships Elliott. Here in the Austin office, Paul vestigating organized crime and its in- which served him well from the first Hilgers headed up the team as they volvement with the pension fund, seek- day that he got to Austin, Texas, from passed the torch to me there in Austin. ing to assure that nonprofits were com- out in Big Spring. Indeed, I think ev- And there are so many others: Sandy plying with the law and not abusing eryone who was with us recently at the Dochen, Joyce Arnold, my long-time the public trust and the public treas- First Methodist Church there in Austin friend from the University of Texas, ury are the kind of things that fill the took note of the fact that Lady Bird Cliff Drummond, Judge Bill Schroeder footnotes but are extremely important Johnson, First Lady of America, and and Kay Schroeder from down in to the operation of our government. her daughters, Luci and Linda, were Lockhart, Fleetwood Richards, who As I talk, though, with people on the there at the service as they have been was at this memorial service who Committee on Ways and Means, almost at every Pickle public event that I be- served Jake early in his career in the all of whom will have remarks to be in- lieve I have ever been to, as a tribute of Congress. serted in the RECORD, they are mainly the close relationship between the Kathy Morris, Michael Keeling, Min- telling me the stories of Jake Pickle Johnson family and the Pickle family nie Lopez who was there working on and how he could take a moment of di- that served them well in politics but

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also served them well as individuals To my distinguished colleague GENE their hand. Never take it all for grant- who respected each other, learned from GREEN, experienced, effective and ed. each other and contributed to make a trusted, and I know this GENE GREEN Those are some of Jake’s sayings better central Texas and a better was for the people. And having that that I think any elected official can America and I believe a better world. statement from Jake Pickle was more live by. Jake will be missed. I am pleased to be joined by one of than anyone could ever expect. I will close by telling a personal ex- our colleagues who I see has Jake’s I would just suggest that if someone perience. When my daughter went to book, as we all do, the book that Jake wants to have some great stories of the University of Texas, she had a and Peggy put together here a few how government works and how, in our project one time, and this was after years ago. The gentleman from Texas process, if you do not have a sense of Jake had left Congress. And she went (Mr. GENE GREEN) served with Jake. He humor, you will surely go crazy; Jake down to his office, and Jake literally represents the Houston area. And the did this in his book and I assume it is opened up for an hour or more helping gentleman may want to add a few sto- still in print, the University of Texas her do her project at the University of ries. I have not really gotten into the print. For my colleagues, I know the Texas. Of course, this is a young lady storytelling part. I have just talked Library of Congress has them. My col- who grew up in politics and was actu- about the storyteller himself. I really leagues will love to read it. You will ally born while I was in the legislature. appreciate the gentleman coming out, stay up all night because I did that. After she met Jake Pickle, and she as I know the family and staff of the When I first got the book, I stayed up did not call me to say she had to go do Congressman do, to add words at a and read all the great stories about it; she did call me and say, Dad, I just time here when we are officially in re- LBJ when Jake was a staff member for met one of the greatest folks I ever cess and with so many of our col- President Johnson. talked to. Jake Pickle, Congressman leagues heading off to the shuttle I served with a lot of great people in Pickle was so good to talk to me. He launching tomorrow. my time and great Texans, and Jake was so down to Earth, so easy to under- Mr. Speaker, I yield to the gen- was one of them. I compare Jake to stand. tleman. Lieutenant Governor Bob Bullock in I think that is Jake’s legacy. I guess Mr. GENE GREEN of Texas. Mr. one way; they both loved Texas and the last thing I would say is his legacy Speaker, I thank my colleague who loved the job they did. goes on because, at the University of served many years in the State Senate I have to admit, Bullock would wake Texas, the J.J. Pickle Fellowship Pro- and in the Supreme Court of Texas and up in the morning and give everybody gram supports internships within the now in Congress. a good cussing and, thank goodness, executive, legislative, and judicial Since it is replacing Jake Pickle, al- forget about it in the afternoon. You branches of the Federal government. It though nobody can replace Jake Pick- did not have to worry about that with is fitting that, after passing, J.J. Pick- le, I served only one term with Jake, Jake Pickle because he was a gen- le will be helping the future public but knowing him and when I served in tleman. But he also had a sense of servants just like he has helped so the legislature with him for 20 years in humor I do not think any of us can ex- many of us in the past. Austin before I was elected to Con- press too much. Jake will be missed. I know his fam- gress, Jake for my whole career was In the introduction to his book, I be- ily will miss him, but we will also miss the definition of Texas gentleman. He lieve his daughter wrote the introduc- the feeling of his love for Texas, his loved Texas and loved Austin and the tion, and briefly some of Jake’s rules love for Austin, the communities of hill country. are: In a parade, do not get behind the central Texas, but also our country. I thank the gentleman from Texas I guess my first experience knowing horses but do ride in a convertible with (Mr. DOGGETT) for allowing for this spe- Jake was in 1974. I just completed my your name on the sides. Always be cial order this evening. first term as a young 25-year-old mem- available to constituents. Do not as- Former Congressman J.J. Pickle was a ber of State legislature. And another sume they will not find out about it be- standout in the great tradition of Texas legisla- member that served one term, Larry cause they will. tors. He was deeply loved and respected Bails, Larry decided that Jake might These are some good tests for all be vulnerable in 1974. So Larry Bails, throughout Central Texas and the entire state. elected officials whether you are in My sincere condolences go out to his family who had a good one term in the legisla- Congress or not. and friends throughout Texas and the Nation ture and was the owner at that time of If it does not pass the smell test, do for their loss of this great man. the landmark in Austin, the Schultz not do it. A politician who expects fi- From Big Spring, Texas J.J. Pickle went on Beer Hall, where a lot of legislature nancial privacy is in the wrong line of to win Former President Lyndon Baines John- folks decided to go after the session, work. Do not arrive at events too early son’s 10th District Congressional seat and be- Larry decided to run against Jake and because they do not know what to do came a senior member of the powerful House ran a fairly aggressive campaign. But with you. Listen for the bell. Ways and Means Committee. Larry was one of the many who made Those of us in Congress understand His accomplishments here were numerous. that wrong decision. that. We have to listen for the bell so One example when he chaired the Social Se- Larry was a good member of the we can go vote. curity subcommittee was the bipartisan, con- State legislature but decided he would Answer every constituent’s letter sensus changes to save Social Security back move up too quick. I watched Jake within 3 days of its receipt. We have in 1983. campaign, because we were at the Con- that goal in our office still, 3 business I served with him in this House from 1993 stitutional Convention during that pri- days anyway. to 1995, and he was an inspiration to all of us. mary of that year. I was in Austin at If you do not know where the money He was a dedicated public servant, whose that time and still going home on came from, give it back. Holding a legacy shows he did what was best for his weekends like we do now, and watched drink gets in the way of shaking hands. constituents, not politics. As proof of his dedi- that campaign unfold and how Jake lit- That is a good saying for elected offi- cation to public service, the J.J. Pickle Fellow- erally, he being a long-term member, cials also. ship program at the University of Texas sup- at that time a little over 10 years, lit- In your home district, you cannot ports internships within the executive, legisla- erally took this young fellow apart so say no. Jake understood that. tive, or judicial branches of the Federal gov- to speak. In a restaurant, face the door so peo- ernment. Jake was such a great person. We ple can see and talk to you. Always It is fitting that even after his passing, J.J. have so many good stories. The reason carry a pen and paper. Introduce your- Pickle will be helping future public servants, I brought his book over is that, in 1997, self first. At barbecues, which is some- just like he helped so many in the past. Jake gave me this book and wrote an thing we do a lot of in Texas, stand at His passing should give us all an oppor- inscription that I was so proud to come the head of the food line. Everybody tunity to reflect on his ideals of constituent from someone of Jake Pickle’s stature: has to pass by and you get to shake service and hard, honest work.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00154 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15718 CONGRESSIONAL RECORD—HOUSE July 12, 2005 Politics sometimes distracts us from why we a critical vote to the rebirth of our can accomplish; what a difference one got into this public service in the first place— country and to trying to cope with person can make in his or her commu- which is the honest reward you feel when you some of the wrongs, many wrongs of nity, world, country, State; and re- help the community. the past. minding us how much one person can Mr. Speaker, I rise in deep regret at the Congressman Pickle, representing a accomplish when you devote your life passing of a great Texas leader, J.J. Pickle. southern State, was a new Member, to the service of others. May God bless him and his family during this faced a difficult decision, and he de- Texas and a grateful Nation salute difficult time. scribes that at some length in the book you and say, ‘‘J.J. Jake Pickle, a job Mr. DOGGETT. Mr. Speaker, I thank that we have referred to and will incor- well done for America.’’ the gentleman for being here and for porate portions of as a part of this Mr. HINOJOSA. Mr. Speaker, on June 18, participating and sharing those RECORD. But I have heard him person- this nation lost a true patriot when James thoughts. ally tell, as so many have here, about Jarrell ‘‘Jake’’ Pickle passed away. Congress- Our colleague, the gentleman from casting that vote and about calling the man Jake Pickle was truly dedicated to his Texas (Mr. EDWARDS) already spoke White House to talk to the President, country, the state of Texas he loved so much, earlier this evening before we formally it being so late, and then getting the and to the constituents he served so dutifully. began this special order, but his re- opportunity to hear from the President In 1942, young Jake Pickle began his public marks, the various written remarks of of how very proud he was of the fact service by enlisting in the U.S. Navy and serv- our colleagues of both parties will be that Congressman Pickle cast one of ing as a gunnery officer in World War II. After made a part of this RECORD. the only votes from the southern surviving three torpedo attacks he returned to We talked about the stories of Jake States in support of this very critical Texas and with some fellow veterans estab- Pickle and what a storyteller he was. I piece of legislation. lished radio station KVET in Austin, Texas. As liked the one, in the aftermath of his From there he went on to add a road a prote´ge´ of President Johnson, he came to passing away, that came from a local here, a project there, assist a con- the U.S. House of Representatives in the early Austinite and admirer of Jake Pickle, stituent with a veterans health care 1960s looking to make a difference. He got his John Kelso, in the Austin American problem here, and someone who had a chance almost immediately. Statesman. He said, ‘‘Jake Pickle was Social Security problem there. For Bucking the trend of the times, and breaking like your barber. You knew his name, each of those people that he assisted with many from the Southern delegation, Con- and you knew what he did.’’ directly, and for those that he encour- gressman Pickle voted for the Civil Rights Act But the story amongst several that aged by the example of public service of 1964, and continued to remain a staunch John tells that I think really captures that he provided, his hard work, his in- advocate for civil rights and protections for mi- the essence of what Jake was all about tegrity, his commitment, his gentle na- norities. He always said that this vote was the was, could you pick your representa- ture, I think he will long be remem- proudest moment of his career. In the early tive from Washington out of a line up? bered in our community. 1980s, as chairman of the Ways and Means Maybe not, but you could not say that I was just noting another of the com- Subcommittee on Social Security, he worked about Jake Pickle. You could have had ments that I saw in the aftermath of to protect and strengthen Social Security from seven Jake Pickle clones in an eight- his passing away where one of our financial ruin. Recognizing the need to main- man line up with Jake Pickle and you neighbors there in central Texas, who tain America’s technological edge and always could tell which one was Pickle. He identified herself as a Republican, mindful of the need to increase job opportuni- would be the one shaking the other Marcia Manor, said, ‘‘When I would ties for his constituents, he helped bring high- seven guys hands and telling funny sto- take my mom to vote, she always said, tech industries to Austin and worked to make ries. And there was one after another ‘I only care about voting for Jake.’ She the University of Texas, my alma mater and out of the Pickle barrel that he would would of course vote for some other his, a cutting edge research institution. tell around here and to our colleagues. candidates, but Jake Pickle was the As I have traveled throughout my newly important vote. And when I asked her reconfigured district, I have heard numerous b 2100 why, she said, ‘Because he always kiss- stories about Jake and the plastic pickles he He also could be very eloquent in dis- es me when he sees me.’ ’’ Well, Jake used to hand out on the campaign trail. He cussing the needs of the people of cen- kissed and hugged a lot of folks across loved the people of Texas, and was happiest tral Texas and of our country. During central Texas because he had that gen- when he was sitting at a local diner telling sto- one very lengthy debate here in 1983 uine warmth, that genuine Texas hos- ries and listening to his constituents. I was here over Social Security, he pointed pitality for which our community is very honored to represent my colleagues as to Daniel Webster’s quotation at the known. part of the official Congressional delegation Speaker’s podium and read the words: I think that it was that individual that was sent to Congressman Pickle’s fu- ‘‘Let us go forth to build up and pro- touch and contact with people more neral. It is my hope that as the Representative tect our national resources that we too than the detail of a piece of legislation for some of the communities Congressman in our time may do something worthy that had the most meaning to people in Pickle proudly represented for 31 years I can to be remembered.’’ our community. We will, through this continue advocating for the issues he cared Certainly, from his first major vote Special Order, have an opportunity to for the most, and represent the people of the on the Civil Rights Act to his hard- add more extended remarks honoring 15th Congressional District with the same fought preservation of Social Security, Jake. I have been contacted by a num- honor, grace and dedication. I extend my sin- there is no doubt among those who ber of our colleagues who will, over the cere sympathy to Congressman Pickle’s wife know of his deeds, his constituents, his course of the next several days, want Beryl, his children, grandchildren, family and colleagues and friends, that his con- to add their remarks to the RECORD friends on their loss, but know that his mem- tribution will be remembered long and make it a part of the history of ory will live on in the halls of Congress and in after in the very words that Webster this body, reflecting on 31 years of the communities of Texas. spoke. faithful service here in this House. Mr. THOMAS. Mr. Speaker, I rise today in I believe that of all the votes that I would just say that, Jake, I feel we honor of our former colleague and friend, the Jake cast here and the speeches he owe you a tremendous debt in setting late Representative J.J. ‘‘Jake’’ Pickle. gave at this very spot that the one that such a high standard for what it really As many of you know, Jake and I served to- he talked about the most, that was the means to be a public servant; for some- gether on the Committee on Ways and Means most significant, was among his first one who worked the hardest for those for eight years. In fact, when I first began to votes on the 1964 Civil Rights Act. That who had the least; for someone whose serve on the Committee in 1983, I was as- vote took place in the aftermath of the sense of duty kept him and his loyal signed to the Subcommittee on Social Secu- assassination of President Kennedy at staff working long hours; and for mak- rity, which he chaired. Jake’s hard work and a time of great strife in our country ing it all look so very easy. Thank you skill helped develop the legislation enacted in over civil rights and our future. It was for reminding us how much one person 1983 to enhance Social Security. Jake is also

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I will miss him and learning experience to have served in this of service positions, beginning as the Univer- extend my deepest condolences to his wife House with Jake Pickle. sity of Texas student body president, as a Beryl and the rest of his family. Ms. EDDIE BERNICE JOHNSON of Texas. member of the National Youth Administration, Mr. HALL. Mr. Speaker, I join my colleagues Mr. Speaker, I would like to join my distin- and as organizational secretary for the State today in paying tribute to a truly great former guished colleagues and pay tribute to my Democratic Executive Committee. After being Member of the House, the late Jake Pickle of good friend, J.J. Pickle. Those of us who have elected to Congress, he relished returning to Austin. Jake served his district and the people the tremendous honor of serving in this great his district whenever possible and upon board- of Austin for more than 30 years and was one institution sometimes fail to see the giants that ing the plane would walk up and down the of the most effective and formidable Rep- serve among us. Certainly J.J. Pickle was one aisles as if he were working a campaign rally resentatives this body has ever known. of those giants. and shake everyone’s hand and talk to them. Jake was my colleague in the House for He was a man who gave his heart, literally, Learned at the knee of President Lyndon about half of his tenure. He loved this institu- to this country. He poured hours after hours Baines Johnson, Congressman Pickle’s poli- tion and was one of its leading Members into trying to grapple with the important issues tics hailed from an era still shaped by the throughout his service. Time and again, Jake we faced as a Nation, and he did it because Great Depression and small-town America, a convinced a majority of us to support appro- he loved this country. He was truly a public time in which connecting with constituents was priations and programs that benefited the citi- servant who cared about the people in the a must. zens of his district around Austin—and at the State of Texas, and cared about the people in Campaigning was a full contact sport in the same time he managed to convince us that it this great country. best sense of the phrase, and every 2 years, was somehow good for our districts, too. It is rare that we see people in this institu- he would outwork much younger campaign Jake had the intellect, personality, and drive tion who worked as hard as J.J. Pickle. How- aides and sought to meet every voter in his to accomplish countless legislative victories for ever, in doing so, he was always able to retain district. For Congressman Pickle, politics was his district and our country. As a senior Demo- his touch of the common man. As much as he a person-to-person enterprise, and he would crat on the House Ways and Means Com- accomplished academically and through the talk to his constituents and find out their cares mittee, he was instrumental in passing major higher ranks of government in this country, he and concerns. Full of stories and a smile for Social Security reform legislation in 1983. This never lost the ability to relate to people on a everyone, he would engage every person in legislation helped ensure the viability of this day-to-day level. To me he will always be his path no matter if he happened upon them great program for senior citizens for the past Jake, the fellow who would put his arm around in the halls of the Capitol or in the streets of two decades. you, smile and joke, and ask how things were Austin. Jake managed to be both respected and be- going. He was a man who cared about you as Of course, his influence here in Washington loved. He will be long remembered not only an individual and I cared about people. greatly benefited Austin and Central Texas as for his accomplishments but also for his en- He loved high-powered debates with intel- he was crucial in ensuring funding for the Uni- gaging and flamboyant personality. His influ- lectuals, but he never put on airs. He was one versity of Texas, his alma mater, and helped ence will be felt for generations to come, and of only seven southern representatives to vote it become the world class facility it is today. he will forever be remembered in Austin as for the 1964 Civil Rights Act legislation. He Congressman Pickle fought to make sure his one of the great statesmen of the State of believed that his most significant accomplish- district and his state received their fair share. Texas. ment as a lawmaker was the 1983 Social Se- The university benefited in the millions of dol- May God bless his family, and may he rest curity reform bill, which he helped pass as lars he steered into its research, technological, in peace. chairman of the Social Security subcommittee. and educational programs, and this was piv- Mr. SMITH of Texas. Mr. Speaker, many That legislation eased Social Security’s finan- otal in making Austin one of our Nation’s cen- great Americans have served in this House; cial problems by raising the age for full bene- ters for high-tech enterprises such as Dell men and women of conviction who rep- fits from 65 to 67 in the year 2000. He could computers. resented their constituents with integrity, en- talk to farmers and mechanics as easily as However, the vote Congressman Pickle was ergy and devotion to assuring the American Presidents such as from his mentor, President proudest of was the one he cast in favor of dream becomes a reality for all. Johnson and other leaders. It is no wonder the the 1964 Civil Rights Bill, which he thought Few Members of Congress have served voters of Central Texas kept Jake in Congress would end his career. As one of six southern with such unbridled enthusiasm, such untiring for 31 years. They knew a good man when Representatives who voted for that landmark good humor and such true pleasure in the they saw him. They, and all Americans, have piece of legislation, he thought voting his con- task as did my late colleague from Texas, lost someone very special. science and his principles would make him a Jake Pickle. Thank you, Mr. Speaker, for allowing me to one term Congressman. Thankfully that was Jake’s passing last month at the age of 91 recognize J.J. Pickle, a man whose spirit and not the case as he was given the opportunity was, in many ways, the end of an era in involvement has made a lasting mark on to work tirelessly and use his unique set of Texas history. A longtime confidant of Presi- Texas and this Nation. skills in service of his district and Nation. We dent Lyndon Johnson, Jake represented the Mr. GONZALEZ. Mr. Speaker, I rise today have truly lost a great American, and we are 10th District of Texas for 31 years. During that to pay my respects to one of the giants of this the poorer for it. Tonight, my prayers and long tenure, he set an enviable record for con- institution and the State of Texas, a man who thoughts are with the thousands of lives he stituent service and responsiveness. No con- recently passed away, former Congressman touched and his family. stituent concern or problem was too small for J.J. ‘‘Jake’’ Pickle. Cancer finally beat him on Mr. RANGEL. Mr. Speaker, my dear friend, Jake’s attention. June 18, 2005 and anyone who knew Con- Jake Pickle, has left us but he will be remem- Jake loved this House and took seriously gressman Pickle knew he did not quit on any- bered for both his accomplishments as a great his responsibility to uphold the integrity of the thing and fought until the end. His relentless Congressman and his ability to make every- institution and the responsibilities of represent- approach to politics and life earned him the re- one laugh. ative government. spect and admiration of the 10th Congres- He was a special man—a man who prided Sometimes his enthusiasm was expressed sional District he served so well and his col- himself in his sense of justice and a man who in his tireless work for legislation. At other leagues on both sides of the aisle. First elect- could tell a ‘‘hell of a good story.’’ times, it was expressed in his support for his ed in a special election in 1963, Congressman Jake Pickle and I joined the Ways and beloved University of Texas Longhorns. And Pickle served 16 terms until stepping down in Means Committee together in the 94th Con- at other times, it was expressed in a quiet talk 1995. During his service in Washington, he gress. It was after Rep. Helstoski was de- with a troubled constituent he encountered on chaired the House Subcommittee on Social feated in the next election, that I got the privi- Congress Avenue in downtown Austin. Security and was instrumental in implementing lege of sitting next to Jake for the remainder It is most fitting that Jake’s funeral service improvements that ensured the trust fund’s of his career in the House of Representatives. was conducted in his church that stands in the long term solvency for decades to come. What an experience it was.

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He squeaked green plastic pickles at me So I will close with the following: I missed Mr. MCCAUL of Texas. Mr. Speaker, Texas (from deep in his pocket) and taught me how Jake when he retired from Congress in 1995. and our Nation has lost one of its most gen- to de-shell two pecans with one hand and a But now I miss him more. He was a good man uine and gracious public servants. Last Satur- single squeeze (and then eat them and throw and he will not be forgotten. day morning, James Jarell Pickle, ‘‘Jake,’’ the hulls under our desks with no one know- Mr. EDWARDS. Mr. Speaker, I did not just passed away on Saturday, with his wife by his ing). Over time, we became a team and sent like Jake Pickle; I loved Jake Pickle. Con- side. For 31 years, Congressman Jake Pickle juicy pecans to Members sitting down the row gressman Pickle was one of the finest public represented my hometown in this esteemed from us. Jake always thought that ‘‘everyone servants to have ever served in this House, body as a Representative to the 10th Con- should have a little something in their tummies and he was a true Texas treasure. He was a gressional District of Texas. And he did so to do good work.’’ kind, decent, caring human being who spent with integrity, humility, honor, and a sense of Jake Pickle and I became close personal his entire life making life better for others. humor that we should all attempt to mirror. friends over the years (as did our wives, Beryl Whether it was helping a veteran receive As a current holder of Congressman Pick- and Alma). We could not have come from health care, bringing research dollars, and he le’s seat, I work hard every day to provide the more different backgrounds—the inner-city of brought many of them, to his beloved Univer- same kind of service to my constituents that New York and the rolling hills of Texas. Yet, sity of Texas or saving the Social Security Jake Pickle did to those he served. He was he became one of the Members I respected system in 1983, Jake was always dedicated to not just good at what he did, he was the best. most for his sheer determination, unending helping others. His family talks about the proudest vote he zeal, and ability to truly develop bipartisan re- Jake Pickle’s faith was shown time and time ever cast was in 1964 when he voted for the lationships. again as he lived the commandment to love Civil Rights Act. He was one of only six south- J.J. Pickle served in the Congress for 31 thy neighbor. Jake Pickle lived every day with ern Representatives to vote for that important years representing the Texas 10th Congres- another biblical verse, ‘‘This is the day the piece of legislation. In the 1980s, he worked sional District—from December 1963–January Lord hath made. Let us rejoice and be glad in hours on end to protect Social Security and 1995. All agree that Jake was a class act, a it.’’ Jake lived every day joyfully. He lit up a keep it solvent. He worked even harder in the star, and someone to love because he loved room when he walked into it because of his 1990s to turn Austin into the high-tech society back. joyful, positive approach to life. His positive that it is today. I am one of the special few who signed his approach has enlightened the lives of all of us It is because of Jake Pickle that Austin con- red pump organ—a treasure of his that he blessed to have known him. tinues to see new high-tech businesses locate took home with him to Austin upon retirement Jake Pickle exemplified courage when he to Texas’s capital city. The University of Texas and kept in his house. Signing the organ voted as a freshman Congressman from I has also benefited greatly because of Jake meant that you meant something to him. Texas to pass the Civil Rights Act which Pickle. UT would not be churning out the lat- J.J. Pickle was very, very proud of his Con- brought to reality the promise of equal oppor- est in technology and new patents, as it now gressional record. He would be the first to tell tunity to millions of African-Americans. He did does every year, without the help that Con- you that he did not seek to be famous, to be it because it was the right thing to do, even gressman Pickle provided. It is also my honor a Senator, to be Governor, or to be President. though it could have ended his political career. to represent the research arm of the University What Jake Pickle wanted to be was ‘‘The I want to tell one story about my friend Jake of Texas which bears the name J.J. Pickle Re- Darn Best Congressman’’ for his Congres- Pickle. In June of 1994, he and I were part of search Campus. sional District and even a better one for his a U.S. congressional delegation on the 50th But even as good and as smart a politician country. That he was, and more. anniversary of D-Day. After the ceremony on as he was, he is known today not for his abil- Jake became Chairman of the Ways and June 4 of 1994, our bus was about to leave ity to influence legislation or to help bring new Means Committee’s Social Security Sub- to go back to a hotel an hour to 2 hours away. business to his district, but rather for being a committee in the early 1980s and led the I noticed Jake getting off the bus by himself. good and decent man. It is for this reason his charge for solving the system’s financial prob- I stopped, walked up to him and said, ‘‘Jake, nickname was Gentleman Jake. This gen- lems. (It is too bad he is not with us now to what are you doing? And he said, Why don’t tleman served in the Navy during World War do it again—on a bipartisan basis and in a you come with me, Chet?’’ II, and worked his way through college by de- prudent way.) The picture of Pickle standing So I followed Jake Pickle off that bus. We livering milk to Austin homeowners. During his next to President Reagan signing the ‘‘Social walked several hundred yards. We went to first congressional campaign and every time Security Amendments of 1983’’ is a classic of Point du Hoc, that monument to American GI after when he was out in public, he was shak- the decade. courage on D-Day when Colonel Earl Rudder ing the hands of those he served. He enjoyed Jake moved on and became Chairman of led Rudder’s Army Rangers up that stiff cliff hearing about their lives and telling stories the Ways and Means Committee’s Oversight against murderous fire by the Germans above about his. He listened to their problems and Subcommittee for 10 years. One of his proud- them. It turned out that Jake Pickle and Earl sometimes used his own money to fix what- est accomplishments was reforming the tax Rudder roomed together after the death of ever problems they were having. code penalties so that they were fair to tax- Jake’s first wife when then General Rudder Representative Jake Pickle was a good man payers. His face adorned the cover of a major was serving as land commissioner in Austin, who will be terribly missed by all who knew tax publication titled, ‘‘Congress At Its Best.’’ Texas. him. Pickle was relentless in many ways. Once So that June day in 1994, Jake Pickle got So tonight as I stand in the well of this es- he drafted a ‘‘Taxpayer Bill of Rights;’’ it was off the bus, not knowing how he would get teemed body, a place so loved and respected his personal goal to see it enacted into law— back to his hotel in France, to go pay his re- by Jake, I am comforted in the thought that and it was. spects to his personal friend and fellow Texan the Lord above is thankful to have this great Once he learned that some TV evangelists and American, Earl Rudder, the hero along servant back home in heaven where I am sure were stealing from the public, it was his per- with America’s Rangers at Point du Hoc. That he is telling stories and shaking the hands of sonal goal that they visit the Committee and was the character of Jake Pickle. Our Nation everyone that he meets. change—and they did. will miss Jake Pickle, but the world is a better Mr. GENE GREEN of Texas. Mr. Speaker, Once he learned that tax-exempt organiza- place today because of his life of dedicated I submit this statement for the RECORD. tions were being used as fronts for illegal ac- public service. EULOGY FOR J.J. PICKLE tivities; it was his goal that the Justice Depart- Mr. Speaker, Winston Churchill once said (By Dr. William H. Cunningham) ment intervene—and they did. that we make a living by what we get, we Jake Pickle always referred to The Univer- Once he learned that workers’ pension make a life by what we give. By that high sity of Texas at Austin as ‘‘my University,’’ plans were not funded properly; it was his goal standard, Jake Pickle led a rich life, a life that and no one ever had a greater right to that to change the law to protect retirees—and he enriched everyone of us blessed to have claim. When Jake said that, it was an ex- succeeded. known him. pression not of what The University owed to him, but of his abiding love for it and all Even to the end, he was counseling us Goodbye, my friend, until we meet another that he wanted to do to benefit it. (Members and staff) about the issues Con- day. Thank you for the memories. Thank you And benefit The University he did. Across gress needed to ‘‘get a rope around and move for your friendship. Thank you for making all the generations, since The University was it.’’ America and the world a better place. only a dream in the heart of Dr. Ashbel

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00157 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15721 Smith, no one has ever loved The University Campus politics was a serious contact of this work was accomplished through of Texas more than Jake Pickle. sport in those days, and more than one polit- Jake’s chairmanship of the House Science, No one ever stood by The University with ical rival learned that Jake Pickle and John Space, and Technology Committee. greater loyalty in its time of need. Connally were formidable politicians. In 1994, The University of Texas System No one has ever worked harder to help it As Jake told me: ‘‘At first Connally and I Board of Regents renamed the Balcones Re- realize its vision of greatness. went in with the fraternities and sororities search Center as the J. J. Pickle Research No one has ever given it wiser counsel or and other groups in what we called the Peo- Campus in honor of Jake’s noble work in embraced it with greater love. ple’s Political Party, but the fraternities de- support of this outstanding educational en- And The University never had a greater cided that the Little Campus men were be- terprise. friend. coming too powerful so they kicked us out. Jake’s tireless labors on behalf of The Uni- So today we remember and celebrate a So then John and I joined together and orga- versity frequently encompassed the arcane man in whose heart The University held a nized all the independents, all the dorms and nuts and bolts of federal tax policy, and he central place. And we remember and cele- boarding houses, and everything else on the got things done that nobody else could have. brate also the fact that Jake Pickle was cen- campus. We divided the campus into pre- For example, he helped get University oil tral to the rise of The University as an inter- cincts and had a chairman for every one. We revenues excluded from the windfall profits nationally prominent institution. found that there were more have-nots than tax of the 1970s. And another time, he was in- The story of The University’s development haves.’’ strumental in passing a tax credit that and flourishing since the mid-20th century is Jake called the experience ‘‘the best polit- helped direct private-sector resources into a complex one, with many chapters and ical training anybody could have.’’ university research and development—not versus and many personalities. But no one He told me another great story about his just at U.T. but at universities across the na- should ever underestimate the crucial impor- campaign for student body president. There tion. tance of the fact that during much of that were three candidates—Bob Eckhardt, who And he was a genius at finding ways to get time The University was represented in Con- was another independent like Jake, and the federal budget to come to The Univer- gress by Jake Pickle. Ramsey Moore, who was the candidate put sity’s rescue in a time of crisis. I had the good fortune to talk with Jake on forward by the fraternities and sororities. I know that Provost Gerry Fonken, Vice many occasions about his experiences at The Jake and John Connally were worried that Provost Steve Monti, and Dean of Engineer- University, and he often said that his deci- the independent vote would be split, thus ing Herb Woodson will never forget the day sion to enroll at U. T. was one of the most giving the election to the Greek candidate. back in 1991 when we met with Jake at the important decisions he ever made. First they tried to persuade Bob Eckhardt Willard Hotel in Washington to try to save To a large extent, we can thank the Great to drop out, but when that didn’t work our microelectronics building from disaster. Depression for that decision. Jake’s older Connally came up with the idea of having a Somehow, The University had ‘‘value engi- brother and sisters had gone to Baylor, and runoff election if no one won a majority. neered’’ enough money out of the project so everybody was assuming that Jake would They researched the matter and found that that upon its completion it was nothing follow them, but the Depression intervened it was permitted by the student constitution more than a shell of a building. This $10 mil- and changed his plans dramatically. lion problem was presented to the Board of By the time Jake graduated from high although, apparently, student body presidents had always been elected with just a Regents by U.T. System Chancellor Hans school in his home town of Big Spring in Mark and Executive Vice Chancellor Jim 1932, the family could no longer afford to plurality of the votes. Whether to have a runoff became a major issue across the cam- Duncan. I was called in to explain how I was send him to Baylor, so Jake decided to enroll going to solve the problem. I turned to the at The University. pus, and Jake and John stirred up student opinion and circulated a runoff petition, so Regents and said I have a plan. Fortunately Jake’s father had saved a grand total of $65 for me, they accepted my brash confidence to get Jake started as a freshman in Sep- the Greeks finally had to accept the idea or appear to be undemocratic. and proceeded to the next item of business. tember of 1932. Tuition was $25 a semester, Unfortunately for me, I had no plan. and Jake’s room at the Little Campus Dor- Well, the runoff plan backfired, because, to everyone’s surprise, Jake came out on top in However, I did know how to call my Con- mitory was another $25, so that left him with gressman, our Congressman, the Congress- $15 for books and everything else. the first round of voting! If they hadn’t sold everybody on the runoff, Jake would have man Jake Pickle. He soon got a job delivering milk to the Within two weeks of the Regent’s meeting, been elected that night. other residents of the dormitory and made as Gerry, Steve, Herb and I were nervously Jake told me he went to see Dean Shorty much as twenty five cents a day—enough to waiting in the dining room of the Willard Nowotny to ask him what he should do— buy a full meal. Hotel to meet with Jake. He and Beryl came have a runoff or not—and Shorty told Jake it But even more important than the money, charging into the dining room. Jake told me that his milk route enabled was up to him. Jake wrestled with the idea Jake was running his hands through his him to get to know the other 140 students in of ignoring his own runoff petition, but he fi- hair, and he announced before he even sat the dormitory, and those friendships later nally decided that going ahead with the run- down, ‘‘I don’t know what the problem is, became the foundation of his success in cam- off was the right thing to do. but I will solve it!’’ Within one hour he laid pus politics—which, in turn, laid the ground- Jake went on to win the runoff election out a strategy that involved Jim Wright, work for his success in politics in the wider and take office as president! Lloyd Bentsen, and Phil Gramm. With a lit- world. That campaign was also notable for Jake’s tle luck and lots of hard work, in less than Like Jake, those boys were from relatively use of his now famous ‘‘Pickle Pins.’’ He got two years Congress implemented the Pickle poor families, drawn to the university from the idea from the H.J. Heinz Co., which had plan and The University was able to success- all over Texas by the opportunity it offered given away the green pickle-shaped pins at a fully ‘‘compete’’ for a special $10 million for an affordable education, which in turn World’s Fair. Jake said he wrote to Heinz package to support microelectronics and ma- provided a lifetime of additional social, eco- and asked to have any of their old pins, and terial science. nomic, and political opportunities. they sent him five thousand of them. He and Now that’s the kind of Congressman every- With those 140 friends from Little Campus his volunteers covered up the Heinz name body ought to have! spread out across the university, Jake found and wrote ‘‘Jake’’ across every one of them! When I think back across the years and re- that he had a strong base of support when he Jake never forgot the way The University call all those times that I had the good for- ran for the Student Assembly and the Texas brought together people from all walks of tune to meet with Jake, two over-riding im- Union Board. life, from every station in society and from pressions stand out. He later combined that base with the grow- all economic backgrounds, and gave them all First, it was clear that he was a man who ing circle of campus friends and supporters a chance to achieve and excel. combined the qualities of uncommon vision, that he and fellow student John Connally at- He never forgot the friends that he made boundless energy, and enviable political tracted when each of them ran for president during his student days and the hardships skill—and that he was always instantly of the Student Government. By the way, and triumphs that they shared. And, of ready and will to bring those talents to bear each of them served as the other’s campaign course, he never forgot The University itself. for the benefit of his University and its suc- manager in those elections. When Jake first ran for Congress he cam- ceeding generations of students. Jake served as president of the student paigned on the idea of strengthening the And second, it was always clear that un- body after he entered law school in 1937, and Balcones Research Center and developing it derlying everything Jake did was his great Connally was elected the next year. They into a truly world-class research and devel- love of people, the immense joy that he felt both ran as ‘‘independents,’’ rather than as opment facility. Building on the work of just by being in the company of other peo- representatives of the powerful fraternity Lyndon Johnson and others through the ple—listening to them, caring about them, and sorority cliques, but they also had a lot years, Jake helped The University finally sharing stories and memories, and, yes, shar- of support through the Delta Theta Phi fra- gain title to the Balcones site in 1971, and he ing with them the dream for a better future. ternity—a group that Jake said went by the contributed in many ways to advancing the In all these ways, Jake embodied the spirit nickname of the ‘‘Dollar Thirty-Fives.’’ status of research facilities at the site. Much of American democracy at its best—a spirit

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00158 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15722 CONGRESSIONAL RECORD—HOUSE July 12, 2005 of optimism and hope and good cheer; a spir- because there was that long line of people Years ago in Washington, Daddy had a it of inclusiveness and opportunity; and a whose hands he could shake. We all know vivid dream in which he was being chased by spirit of public service that embraced hon- Jake was tight with a buck. Once he said to a bear. In his sleep, he hollered and flew out esty, hard work, practical problem solving, me, ‘‘If you’ve got some money, I’ll take you of bed, cracking his head on the bedside and faithfulness to the fundamental values to Luby’s.’’ table. Beryl woke to find him holding his and principles of representative government. Sometimes Daddy worked the crowd when bleeding nose, but happy he had outrun the We all loved Jake, and we will always I least expected it. One morning 20 years ago, bear. For weeks, my father went to work on treasure his memory—a memory that will I drove out to Dillards in Barton Creek Mall Capitol Hill with black eyes that faded to last for as long as the lights on the U.T. to buy, of all things, a Weed Whacker. I got green and yellow. Cheerfully, he told every- tower orange and for as long as young Tex- there early so I could cut my grass before it body about his dream—and his narrow es- ans continue to come to Austin seeking edu- got hot, so I was there when the doors cape. I always wondered what people cation and opportunity at Their University. opened. I rode the escalator up to the second thought. Probably oh, that’s just Jake! Jake, we love you, and HookEm’ Horns! floor, picked out a Weed Whacker, and took He was a stickler for details, always car- Mr. DOGGETT. Mr. Speaker, I submit the it to the register. rying around a piece of paper and a pen in following eulogies honoring, J.J. Jake Pickle By now it was maybe 10:05 a.m., there were his coat pocket so he could make notes. It will surprise no one that he helped plan this the Doggett Special Order. few people in the store, and nobody but me in the appliance department. When I wrote funeral. He was habitually late because he (By Peggy Pickle) the check and gave it to the clerk, he looked was always coming from another event—and AUSTIN, TX, June 22.—Good afternoon! Hot at my name on the check and said, ‘‘Pickle? on his way to the next one. His memory was tamale!!! This is not going to be a sad fu- Are you related to Jake Pickle?’’ I said I phenomenal. When he ran into a constituent, neral. This is a celebration of a remarkable was. he remembered their name, their spouse or life. I’m Jake and Beryl’s daughter, Peggy. ‘‘Well by golly,’’ the guy said. ‘‘Mr. Pickle where they worked. He loved his family and friends, ice cream, My father asked me to speak on behalf of our was here this morning, you just missed a good story, playing the harmonica, Christ- family at his memorial service. him.’’ Everyone in this sanctuary knows what mas, the University of Texas, this church, ‘‘But how?’’ I stammered. ‘‘The store just kind of man Jake Pickle was. Most of you the principles of Democracy, banging on the opened!’’ are familiar with his life and career: born in piano, the hymns of his childhood, dominoes. ‘‘Oh, he addressed our employee meeting at West Texas in 1913, attended the University . . . and a thousand other things. He was in- 8 a.m.,’’ the clerk said. ‘‘Everybody ate in of Texas, served in the Navy during World nately curious and asked questions con- the lounge. That man sure seems to like his War II, had a lifetime love affair with poli- stantly. He was a very tough old bird. He en- job!’’ tics which included 31 years representing the dured treatment for cancer which at his age So I paid for my Weed Whacker and left. It 10th Congressional District of Texas in the should have killed him, but he hunkered was funny, but it also gave me an eerie feel- United States House of Representatives. He down and got through it. He won remission ing that Daddy could be anywhere, and prob- had two wives, three children, six grand- from cancer an incredible five times. Being ably was. He was always ten steps ahead, children, and four great-grandchildren. weakened irritated him; it cut into his He was a tolerant and demanding man. with the rest of us scrambling to catch up. schedule! Right up to the end, he found life Tolerant because he didn’t believe in forcing Jake was quick to make friends and quick interesting. Mom and Pop Pickle whispered his opinions on others. Demanding because to forgive. It was a wonderful trait for a poli- in his ear: he always tried to do the right he had high standards for himself and those tician because he made few enemies and thing. close to him. nursed no grudges. Both Democrats and Re- After my father retired from Congress, and It is trite to say that a person left this publicans voted for him and worked with during the years of his decline, many of the world a better place, but in his case it is him; Jake wasn’t partisan, he just wanted to people in this Sanctuary—and others not true. Hardly a day goes by without my being get things done. If at times it was hard to present today—came to visit Jake and Beryl. stopped and told, ‘‘Your father helped me have a legend in the family, it also made us If he worried that once out of the public eye, when my Social Security benefits dried up,’’ proud. We knew that he was the Gold Stand- he would be forgotten, he needn’t have. On or ‘‘When my son was injured in Vietnam, ard. The usual temptations like money, behalf of our family, we thank you. Your vis- Jake Pickle cut through the red tape and got women, alcohol and power were no match for its, laughter, advice and friendship meant him home.’’ What Daddy loved about serving Jake’s addiction: work. Growing up sur- the world to them. in Congress was the clout he used to get rounded by politics, I cannot describe the My father’s legacy is considerable. There things done. He considered his staff family. comfort of knowing that no matter what are buildings, schools, research facilities, an Together they accomplished great things. nastiness was abroad, I would not open the airport runway and children named after But my assignment today is to talk about newspaper and read my father’s name taint- him. Legislation he helped pass changed this Jake Pickle from the standpoint of his fam- ed by scandal. country for the better. He counted the ily. He was the fourth child in a tight-knit Daddy was a great motivator, and not only mighty among his friends, but treated no family of seven whose values and work ethic about Congressional business, but about person better than another. defined the rest of his life. Jake’s sister Ju- Jake Pickle business: his bees, his garden, But of all his legacies, the one I’m most dith and brother Joe and their families are his pear relish, his longhorns, his stumps grateful for is his allowing me to be my own in this audience, along with the families of that needed rooting at Niederwald. He rallied person. He raised me with easy affection in- deceased sisters Janice and Jeanette. The fa- people with such enthusiasm that it was only stead of a preconceived idea of how a little milial bonds which sustained Jake as a child later, when you went home, that you real- girl should act. As an adult I have come to taught him to treat people and relationships ized your aching back and calloused hands understand that the worst thing you can do with respect. were all you had to show for his project. to any person, especially a child, is to stifle Jake and Beryl both endured the loss of Two of Daddy’s other projects concerned their spirit. Jake Pickle made you want to their first spouse—my mother, Sugar, in Christmas. For years our family had a ‘‘Hats do your best. I can think of no greater acco- 1952, and Beryl’s husband, Graham Off to Christmas’’ tradition on Christmas lade for any person. McCarroll, in 1948. In 1960, Beryl and Jake morning, as Jake and Beryl distributed hats I enjoyed a 59-year relationship with my married and began their own family: Jake, they had gathered during the year while on father. Because he was ill for a long time and Beryl, Dick, Peggy, Graham and a goofy col- junkets—oops!, I mean ‘‘fact finding tours.’’ I witnessed his suffering, I’ve already grieved lie dog named Ike. It was a semi-normal life During the 1990s, Daddy, dressed as Santa, for him. I do not grieve for him today. In- for two years—and then Jake up and an- arrived in increasingly outrageous ways: in stead, I am proud of the person that he was nounced he was running for the U.S. Con- Don Cook’s Model A Ford, in a fire truck, on and the life he tried to live, right up to the gress! a donkey, in a sidecar motorcycle. He always end. Having Jake Pickle for a husband and fa- claimed he wanted to arrive by climbing We have other speakers today. As Daddy ther was an interesting experience. He was down a rope ladder from a hovering heli- would say, ‘‘Keep it short. People need to get gone a lot. Except in cases of family emer- copter, but thank God, he never tried it. back to work!’’ gency, work came first. He was ‘‘On Duty’’ Jake didn’t care much about stuff—life’s Thank you for being here to help us say every day except Christmas, and even then if fancy trappings—and looking ridiculous goodbye. a constituent had trouble. He believed that never occurred to him. In 1961, when Jake EULOGY FOR CONGRESSMAN J.J. PICKLE public officials are answerable to The People had just been appointed Texas Employment (By Paul Hilgers) 24-hours-a-day, so our telephone number was Commissioner, he often drove Dick’s used AUSTIN, TX, June 22.—Surely you would all listed in the phone book. The phone rang all car to work at the fine new TEC office in the know that it is a great honor to be asked to the time, sometimes at 3 a.m., when the con- Capitol Complex. Dick’s ’52 Ford was rusty represent the people who worked on Mr. stituent was drunk or had an ax to grind. gold, with a ’55 front grill, ’53 headlights and Pickle’s staff. Jake loved to work the crowd. One of his two bent antennas, but to the new TEC com- Once you were on the staff, it was a life- favorite places to eat was Luby’s Cafeteria missioner, it was damn fine transportation. time appointment. Whether you were on the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00159 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15723 payroll or not, it did not matter. We work regulars—the Claude Pepper story, the Marcos Watershed, the Visitors Center at the for him because we love and respect him. Round Rock story, Dollars for Democrats, LBJ National Park, the Gary Job Corps, and Like all Pickle staffers, I never knew how but not a Nickel for Pickle story. Many literally a thousand other things for Central hard I could work in one day, or how many times he would turn to Mrs. Pickle for some Texans. people I could help in one day until I started of his best material. Yes, Mr. Pickle worked hard for Central working with Jake Pickle. We worked hard but his sense of humor Texas, but he was one of Washington’s most We are a proud bunch, those of us who made the job enjoyable. But, no one worked respected members of Congress. He believed worked in the ‘‘Pickle Factory’’ as we called harder than he did. in having personal relationships with other it. I would like to ask all of you who served He would start the week with a 6:20 a.m. members of Congress . . . on both sides of on Mr. Pickle’s staff to stand. There are flight to Washington on Monday mornings. the aisle. This is evident by those in attend- many more who could not be here today and He would put in 15 hour days in Committee ance today. a few were already doing advance work in hearings, holding meetings with people from Integrity, Honesty, Loyalty, Courage, De- heaven. the District or from associations and busi- termination, Tenacity—these are the quali- Those who worked in his office understood nesses, casting countless votes on the floor ties that he relied upon to become a trusted the importance of their job. Whether it was of the House, working the phones, signing legislator. These are the qualities that de- the District Director, the Administrative As- the mail, reviewing legislation, and then at- fined Jake Pickle. sistant who ran the office in Washington, the tending 2–4 receptions before going home to Of all of the legislative work and votes legislative assistant, the caseworker, or the Ms. Beryl. over 31 years, he took the greatest pride in person who was on the real front line answer- He would keep that schedule everyday one of his first: the Civil Rights Act. He ing the phone and greeting people, he made until Friday about 12:00 noon when he would would get tears in his eyes every time he you feel that what you were doing was crit- fly back to Austin at 5:00 p.m. We would go told the story when President Johnson called ical. He knew that it all had to work to- immediately to the office where he would him the night the Civil Rights Act passed. gether to properly serve the public. He val- sign all the mail that had been prepared by The President demanded that Mr. Pickle call ued the role we each played. the District staff that week. He signed vir- him no matter what time of night so he We have a bond that will never be broken, tually every piece of mail that went out of could tell him how proud he was of his vote. built upon his singular dedication to public his Office. This is how he kept up with what He was also proud of his work as Chairman service. It is a bond built upon the common was happening to his constituents. of the Ways and Means Subcommittees of experience of knowing this very uncommon We would often sign the mail on Friday Social Security and Oversight. His most im- man who was so proud of the service we pro- and see one of those constituents at an event portant legislative accomplishment was in vided together. that weekend. He would tell them how their maintaining solvency of the Social Security We are also bound together by the great case was going, or that we had just sent off system in 1983. He worked closely with Sen- Pickle stories. Now, Dr. Cunningham, I need the letter. That made an impression on peo- ator Bob Dole on legislation that represented to mention just a couple that escaped your ple—they knew that he cared. a bi-partisan approach to the problem. He remarks about his time at the University. He would go to Church on Sunday and we told me many times that providing a sense of Like the time he got caught stealing turnips would have some event that evening before I security to tens of millions of Americans from one of his professor’s garden. And, had to get him back to the Airport on Mon- gave him a deep sense of pride and meaning. while he did love being in Little Campus, day mornings. No matter how tired I would Third, was his work in the area of pensions there were stories about nailing their room- get, spending the weekend with Mr. Pickle and pension reform. He could see problems in mates furniture upside down to the ceiling. would re-energize you. His love of public the system long before they became the cri- There are so many stories, way too many service and his energy was contagious. sis they are today. In fact, if not for some of stories to tell. He campaigned even harder! He was relent- the reforms he put into place, the crisis So, when the staffers get together, only a less. On weekends, we would have to have would be much greater today. He would say word or a phrase is needed to spark memo- three shifts of staff just to keep up! pensions are not a very newsworthy subject, ries of the experiences we shared: squeaky So many times people would say . . . he is but it was damned important to families pickles, the county black books, 1000 acres of the only Democrat I ever voted for . . . or, I counting on them. beautiful topsoil, the Pickle Float, full tank don’t always agree with him, but I always The J. J. Pickle formula for success in gov- of gas and an empty bladder, retrieving that voted for him. He wanted every vote. He ernment was really very simple: a dedication Stetson, the dry run, the Virgil Conn story, earned every vote. to public service plus a love of helping peo- playing the harmonica and the piano, the Just one example: a person came to him ple, multiplied by a deep faith in our system pump organ. and asked for help in finding a job—just one of government. There were the annual episodes of serving of thousands who asked for help. Mr. Pickle He placed the highest priority on con- Venison Chili to the entire House of Rep- sent out the man’s resume a number of times stituent service because he thought the high- resentatives every Texas Independence Day, who always seemed to be a finalist for the est calling of government was to help people or feeding catfish from the Inks Lake Fish job, but without success. After several with their problems. He was committed to Hatchery to the Interior Appropriations Sub- months of writing letters and requesting being responsive and accessible. committee. interviews, I asked Mr. Pickle one day while Mr. Pickle often referred to the Congres- And stories about parades! Parades with I was driving him home if he had not done sional Office as ‘‘the big buffer’’ between the and without squeaky pickles, cars that enough and why he was trying so hard to individual and ‘‘big government.’’ It was the worked, and cars that did not. Once, there help this man? place where any citizen, rich or poor, demo- was a car with a stick shift that Ms. Pickle He looked at me and said simply, ‘‘Paul, crat or republican, could come for help when had to drive. the man asked me for help. Is there any there was nowhere else to turn. Always a convertible so he could be seen other reason that I need to try and help Finally, Mr. Pickle had a truly unique and so he could throw his pickles. Parades him?’’ He loved helping people. ability to balance a short-term immediate where he was the Grand Marshall and the Mr. Pickle represented the people of Cen- focus with his long-term vision. He taught us first car in the parade, and the one where he tral Texas to the Federal government, but he that the best public policy always made the followed the horses, after his third parade of was also a representative of the Federal gov- best politics. the day. ernment to the people of Central Texas. He Social Security legislation was to be based At the end of the parade route—Mr. Pickle loved welcoming people from the District to upon solvency of the system, pension policy would stop the car, get out and walk both Washington. No one gave a tour of the Cap- based on protecting the pension holders not sides of the route personally shaking every ital like a Jake Pickle tour of the Capital. big business, civil rights legislation based on hand and handing out more squeaky pickles. He took people in places where you just are justice and equal protection. Most of all he was fun—he was fun to be not supposed to go. He made the Capital Locally, his long-term vision included the with. come alive with its history. need for inter-modal transportation systems, Our stories are his lasting legacy to us— He had a vision and a love for Central two runways at Bergstrom Airport, flood which is fitting because he was the master Texas that no one could match. He was our control systems, public power, solar energy, storyteller. He knew how to use humor to strongest lobbyist and he lobbied for so habitat for endangered species and protec- communicate his message. He would make many things in addition to UT and tion of water quality, a first class research people laugh, just before he would make SEMATECH. Boggy Creek, a Wildlife Refuge, facility at UT’s Balcones Research Center them think about a serious issue facing our airports (big ones and small ones), the right that bears his name. Nation or our community. of way for MoKan. He worked on behalf of There is a phrase he used in some of his Staffers who took Mr. Pickle to an event the Austin Housing Authority, the Boy later speeches, ‘‘In the Shadows of Great- were asked two questions just as we arrived: Scouts, Veterans Outpatient Clinic, IRS ness’’. Referring to the portion of MoPac (1) ‘‘what is my key message’’, and (2) ‘‘tell Service Center, the LCRA, Bergstrom Air north of U.S. Hwy 183 that runs between me something funny to say.’’ We had the old Force Base, Flood Control on the Upper San MCC and the J.J. Pickle Research Campus—

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00160 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15724 CONGRESSIONAL RECORD—HOUSE July 12, 2005 he talked about how people would drive that differentiates into what is most of have had in adult stem cells, but this through that corridor not realizing that they us by mass and weight, cardiac muscle, does not dim the hopes of the scientific were actually traveling ‘‘in the shadows of our big skeletal muscles, the bone, the community and the medical commu- greatness’’ because of the world class re- smooth muscle, all of our blood, and nity that ultimately there may be search being conducted in the buildings they were passing by. the blood is an organ, it happens to be more and better applications of embry- Those of us on the Pickle staff understand a liquid organ that is dispersed through onic stem cells to treatment of dis- a different meaning for this phrase. We the body; and then the endoderm. This eases than adult stem cells, simply be- worked in the Shadows of Greatness every is much more limited in volume and in cause of what they are, puripotent cells day we were with him. He had an impact on variety, but still very important. The retaining the ability to produce any this world and particularly on this commu- pancreatic cells, the thyroid cells, the and all of the tissues of the body. nity that is—as he predicted—already being lining of the gut, the lining of the lung It is possible, Madam Speaker, that forgotten by most. and so forth. this characteristic, which makes them But, his fingerprints are everywhere. His legacy of public service, of loyalty to his It might be worth just a moment, so potentially attractive and exciting, University, of his commitment to good and Madam Speaker, to take a look at our may be uncontrollable. They may be so responsive government has been recognized next chart, which kind of puts this in bent on dividing that we cannot con- through the naming of the Federal Building, context. We started out with the zy- trol their division. They may end up the Research Center, the Elementary School, gote, which is the fertilized egg here, producing tumors and cancer-like the Pickle Runway at Bergstrom Airport, and we ended up with the inner cell growths in the organism in which you and even a peach orchard on Town Lake. mass with these three germ layers. put them. So, on behalf of your eternal staff . . . we What we show here are all the stages But if that can be controlled, the will never forget what you taught us. We will always celebrate and treasure our time with that were omitted in that first chart. medical community and the research- you. My prayer is that you are already— This is one-half, as the little diagram ers associated with it believe there is cheating at dominoes with all of your here in the upper left shows, of the re- potential for enormous applications to friends—friends who have been waiting so productive tract of a female. It shows medicine of embryonic stem cell re- long for you. I am confident that the quality the ovary on one side and the fallopian search. We have now had 58 applica- of life in heaven just got better. tube, with the funnel-like opening here tions of adult stem cells in helping to God Bless You, Great Leader, for your called the infundibulum. Then it shows treat some of the diseases. service, for your legacy, for giving us the op- the fallopian tube on down to the uter- What are the diseases that could be portunity work in your great shadow! We had a great ride!! us itself. treated with stem cells? Ordinarily, What it shows, Madam Speaker, is one thinks that the greatest potential Mr. DOGGETT. Mr. Speaker, I yield that fertilization takes place well up in for the use of stem cells would result back the balance of my time. the fallopian tube, and that begins day from use in diseases from tissue defi- f one. And then as the egg slowly moves ciency rather than diseases that result down the tube, it splits first into two STEM CELL RESEARCH from some organism, although if there cells, then four cells, and then eight is an infection in the body and a tissue The SPEAKER pro tempore (Miss cells, and then the larger variety of is damaged, there is the hope that it MCMORRIS). Under the Speaker’s an- cells, and finally where you have the might be replaced with stem cell appli- nounced policy of January 4, 2005, the inner cell mass and then to the cation. There are a number of diseases gentleman from Maryland (Mr. BART- gastrula. that the scientific community and the LETT) is recognized for 60 minutes. There are two kinds of stem cells, general public believe might be ame- Mr. BARTLETT of Maryland. Madam adult stem cells, and those are deriva- nable to treatment with stem cells, Speaker, there have been a number of tives of the cells that we showed in the particularly embryonic stem cells. articles in the recent press relative to previous chart. For instance, in the hu- Diabetes is one of those. This is the stem cell research, with particular ref- mans we have adult stem cells in our most costly disease in our country. It erence to embryonic stem cell re- bone marrow. These are cells which are costs more to treat the diabetics in our search. I thought it might be well in differentiated to the point that they country than any other single disease. starting this little discussion to take a will produce a limited variety of cells, I have these come through my office. look at what we mean by stem cells. but still undifferentiated to an extent Particularly heartrending are the little I have here a chart which shows in because these stem cells in the bone children that come there, 5 and 6 years very abbreviated form the development marrow can produce red blood cells and old some of them, such brittle juvenile of an early embryo. It starts out with polymorphonuclear leukocytes, part of diabetics that they have an implanted the zygote, which is the fertilized egg; the white blood cells, and the pump and they have to prick their fin- and then it skips a couple of stages of thrombocytes, those are the cells, the ger or some part of their body a num- development, and it goes through the platelets as we call them, that are as- ber of times a day to monitor the glu- blastocyst, and then it goes to the sociated with clotting. And there are a cose level so that just the right gastrula. By the time the embryo gets number of adult stem cells similar to amount of insulin can be injected to to the gastrula stage, the cells have al- that that still retain some of the capa- control this. ready differentiated to the place that bility for producing more than just one This insulin is produced by cells we have three different kinds of so- kind of cell. called island of Langerhan cells. Dr. matic stem cells. This is the ectoderm, We have been working with adult Langerhan was the German scientist and the mesoderm, and the endoderm, stem cells medically now for more than that described them. And they look and then those very specialized cells, 3 decades, and there have been a num- like little eyelets because they are which in the female will be the germ ber of medical applications, treatment simply distributed through the tissue cells in the ovary, the ova, and in the of humans that have been made with of the pancreas. The pancreas is a very male will be the millions and millions adult stem cells. But just because they large gland at the very beginning of of sperm that are in the gonads of the are what they are, Madam Speaker, a the small intestine that secretes all of male. great number of people believe that the different kinds of digestive en- If we look back, Madam Speaker, at there should be more potential from zymes so that fats, carbohydrates, and these stem cells that are present here the embryonic stem cells simply be- proteins all are digested using the en- in the gastrula, where we have these cause they can produce any and all of zymes secreted by the pancreas. three, as we call germ layers, we see the tissues of the body. the ectoderm can further differentiate Since we have been working with em- b 2115 into skin and nervous system and some bryonic stem cells for now just a little I have no idea why nature placed the of the pigment cells in our body; and over 6 years, we have not had the op- islets of Langerhans in the pancreas. then the mesoderm, the middle layer, portunities for medical applications we They could be placed anywhere. With

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00161 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15725 these stem cell applications if we could tain cells in our circulatory system because that embryo produced in the create islet tissue, they could be placed called T-cells located in the lymphatic laboratory in surplus and in vitro fer- in the person. It could be placed in the tissue, and the T-cells are imprinted tilization had the potential when im- groin, under their arm, under the skin, with who we are because once we get planted in a receptive mother to be- anywhere. It does not have to be in the out of the mother’s womb, we are going come a baby and the President’s prob- pancreas. This islet tissue could then to be in a hostile environment, exposed lem was that he had a moral problem make insulin which would cure diabe- to bacteria and viruses, and so it is im- with taking one life with the hope of tes. When you give insulin to the dia- portant that the body knows what it is helping another. betic, it delays progression of the dis- so the defense mechanisms in the body While the President was wrestling ease, but it does not cure it. A person can be marshaled to eject the intruder. with this problem and what to do about with juvenile diabetes faces the pros- These T-cells identify what is you it, there was a briefing at the National pect that they probably will have a and what is not you, and they alert Institutes of Health for Members of the shortened life, problems with their vi- some of the specialized cells in our Congress and for their staff. I went out sion as the vascular bed in the back of white blood cell system so they are at- there to that briefing. the eye breaks down, and they may tracted to the site, and they eject, they As the next chart shows, when we have problems with circulation in their may consume, they eject the intruder. were talking about the potential for extremities, particularly in the feet There are 63 distinct autoimmune embryonic stem cell lines, I remem- where there is some difficulty getting diseases. For some reason, the body bered my training of more than 50 blood back uphill to the heart. gets confused and the autoimmune sys- years ago when I got my doctorate at As many people in this country know tem gets confused and starts attacking the University of Maryland and had a through relatives and friends, this re- your joints, for instance. We know that course in advanced embryology and sults frequently in sores that do not disease as arthritis. then went on to teach medical school heal and results in gangrene, so the I remember my first real introduc- for 4 years and postgraduate medicine toes or a foot may need to be taken off. tion to this big list of autoimmune dis- doing basic research at the National Diabetes is one of the diseases that is eases was a secretary I had, a very vi- Institutes of Health. I remembered very attractive as a potential for use of brant young lady whose life was really, what everybody knows, because they stem cells, because if we could just really changed because she had lupus. had the course in advanced embryology produce islet tissue, we could cure dia- There are many Americans who have it was in my mind, that whenever we betes, the most expensive disease that family or friends who have lupus, and have identical twins what has really we have. lupus was one of the first autoimmune happened is that half of the cells have Another disease is multiple sclerosis, diseases that was discovered. been taken from the early embryo. The and if impaired cells could be replaced There is a controversy going on over half that is taken becomes a perfectly through stem cell therapy, then the the potential for embryonic stem cell normal baby, and the half that is left person could walk again. medical applications and adult stem becomes a perfectly normal baby. Lou Gehrig’s disease, I remember my cell medical applications. We have been Madam Speaker, one is a clone. When grandmother was tripping and falling, working for more than 3 decades with one thinks about cloning, remember and they did not know why. It took adult stem cells, and our very able that Mother Nature or God, to whom- them quite awhile back, this was a medical scientific community has been ever you want to subscribe it, has been number of years ago, to determine she able to develop a number of applica- cloning for a very long time. Now these had Lou Gehrig’s disease. I remember tions that can cure or at least lessen early embryos can split either at the as a teenager going to her bedside. She the severity of disease using adult stem two-cell stage or at the inner cell mass was maintained in the home. She slow- cells. stage or anywhere in between, presum- ly deteriorated, losing first one muscle Since we have been working with em- ably. function and then another. Finally, at bryonic stem cells for only a brief pe- We know at least at those two ex- the end, the only muscle function she riod of time, we do not have any direct tremes because we can tell by how they had remaining was the ability to blink applications to medicine of embryonic present at birth when they split. If her eyes. It was once for yes and two stem cell therapy, but that does not they share an amnion, they split at the for no, as I remember. She could not dim the enthusiasm of the medical swallow and had indicated she did not two cell stage. If they have separate community because they believe that want to be force fed and ultimately she amnions, they probably split at the the potential there ought to be greater. died from starvation with this disease. inner cell mass stage. Well, anybody who has a friend or a But the real problem here is that up So knowing that half of the cells relative that has gone through that until this time the only way that we could be taken away from an early em- kind of experience has to be enthusi- can get embryonic stem cells is to de- bryo without harming the embryo, un- astic about the potential for stem cell stroy the embryo. The scientists go less you think identical twins are therapy. This was a number of years into the inner cell mass stage. That is somehow deficient, and I have talked ago, but if it were tomorrow or the day this stage here, day five. Of course, with a number of identical twins, and I after tomorrow figuratively, maybe what we are doing now in the labora- have not talked with any of them who there could be stem cell therapy for my tory is not done in the uterus. All of thought they were less a person or defi- grandmother, and she would not have this is done in a petri dish. The in vitro cient because half of the cells were to have died at the relatively young is in glass. In vivo means life. The em- taken away to produce the other iden- age she died at. bryo is destroyed at the inner cell mass tical twin. Alzheimer’s disease is another one. stage, and cells are taken to produce a It occurred to me that you ought to President Reagan died from Alz- stem cell line. be able to take cells from an early em- heimer’s disease. Victims do not even About 4 years ago, this produced a bryo without hurting the embryo to de- recognize their favorite loved ones, real dilemma for the President who, velop a stem cell line from that early have no memory and may wander out- like all of us, has family and friends embryo. I mentioned this to the reside and wander off. who have one or more of these diseases searchers at NIH, and they said, yes, There is a whole category of auto- that could be potentially ameliorated that is theoretically possible to do immune diseases. I have a paper which or cured by embryonic stem cell appli- that. lists 63 of the autoimmune diseases. By cation. Yet the President knew the Just after that, I was at an event and that, I mean a disease where the body only way we were presently getting the President was there and when I gets confused as to what is the body embryonic stem cell lines was by de- went through the line, I mentioned my and what is not the body. stroying embryos. He, as I am, is a visit at NIH and the response that they When we are developing as embryos strong pro-life advocate and the Presi- had given to my question. A few days in our mother’s womb, there are cer- dent had a problem with taking one life later, I had a call from Carl Rove and

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00162 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15726 CONGRESSIONAL RECORD—HOUSE July 12, 2005 the President had turned the pursuit of sult of a technique which is used to fa- Madam Speaker, I will make this this suggestion over to Carl Rove. Carl cilitate the replication of these cells in short bill a part of the RECORD. told me that he talked to the people at the tissue culture, and they are now all H.R. 3144 NIH, and they tell me what you have contaminated with mouse feeder cells Be it enacted by the Senate and House of Rep- suggested is not possible. so that although they are perfectly resentatives of the United States of America in Carl, I said either they are funning good for research and a lot of research Congress assembled, you or they misunderstand you, be- is being done, they are not good for SECTION 1. SHORT TITLE. cause these are the same people that medical application because you would This Act may be cited as the ‘‘Respect for can take a single cell and take the nu- not want to put the cells contaminated Life Pluripotent Stem Cell Act of 2005’’. cleus out of that cell and put another with mouse feeder cells in a human. SEC. 2. FINDINGS. nucleus in it. That is what they did So what now? One of the potential The Congress finds as follows: with Dolly the sheep and the large solutions to this problem is included in (1) Stem cells may be derived from various number of clones that have been pro- H.R. 810, the Castle-DeGette bill; and sources, including adult tissue, umbilical duced since then. the argument made in this bill is that cord blood, and living human embryos. The there are about 400,000 surplus embryos use of cells from embryos has drawn great I said, of course, if they can take the interest in the scientific community but also nucleus out of a cell and put another out there from in vitro fertilization. raises very serious ethical concerns for many nucleus in it, they can certainly take a You see, to make sure that the doctor Americans, because as practiced today it re- cell or two out of what is a relatively is going to have a good embryo or two quires the destruction of human embryos to big embryo. So he went back and asked or three to implant in a mother, be- obtain their cells. them again and then called back and cause they do not all take, he will (2) The President’s Council on Bioethics in said they are still telling me they can- produce more embryos than he will its May 2005 White Paper: ‘‘Alternative not do that. So a few days later, the probably need. Then he will look at Sources of Pluripotent Stem Cells,’’ de- them under the microscope and pick scribes several potential methods to derive President came out with his executive stem cells like those now derived through order. the strongest looking of those embryos the destruction of embryos, but which would Madam Speaker, you may remember and may put two or three or so in the not involve doing harm to embryos. Some this was kind of a decision like Sol- mother. methods propose to involve embryos in ways omon might have made. Obviously, One of our Members, the ROHRA- that do not harm them, while others propose from the potential efficacy of embry- BACHERs, are now the proud parents of to reprogram adult cells to produce cells onic stem cell research and medical ap- triplets from in vitro fertilization. All with the capabilities of embryonic stem cells plications, it is very desirable that we of them grew and so they are now the without producing or involving embryos at proud parents of these very happy and all. do that. (3) Such proposals should be thoroughly On the other hand, if the only way to healthy little babies. Since there are tested in animal models before being applied get embryonic stem cells is by destroy- 400,000 surplus embryos out there that to humans, to establish that they do not ining an embryo, then you are left with are frozen, the argument is, and this is volve creating or harming human embryos. the quandary of, is it really acceptable the argument of the bill, that since (4) Several scientific reports also suggest to destroy one life with the hope that these embryos, at least many of these that some subclasses of adult stem cells (de- you are going to help another? embryos, realistically most of these rived from postnatal tissues, umbilical cord So the President came to a decision embryos will ultimately be discarded, blood and placenta) show a flexibility com- they will not stay frozen for 49 years parable to that of stem cells now derived that I think represented great wisdom. through the destruction of embryos. He recognized that a number of em- there, they will not last forever, and by (5) American scientists should be encour- bryos had already been killed, de- and by they will be discarded, and so aged to pursue all ethical avenues of stem stroyed to establish stem cell lines, the argument is, why should medicine cell research and to explore morally and since you cannot turn back the not benefit from cells, from embryos uncontroversial alternatives to research re- hands of time to change that, these that are going to be discarded anyhow? quiring the destruction of human embryos. embryos were gone, the stem cell lines That to many people is a compelling SEC. 3. DERIVATION OF STEM CELLS WITHOUT were there, and so the President, recog- argument. It was a compelling argu- HARMING EMBRYOS; RESEARCH THROUGH NATIONAL INSTITUTES nizing the potential for embryonic ment to a majority of people in the OF HEALTH. stem cell research, and being con- House, and now they are considering Part B of title IV of the Public Health cerned that you should not take one this bill in the Senate. Service Act (42 U.S.C 284) is amended by add- life with the hope of helping another, But to those in the pro-life commu- ing at the end the following: wisely I think, said we could spend nity, there is another way of looking at ‘‘SEC. 409J. BASIC AND APPLIED RESEARCH ON Federal dollars on any exploration we these embryos. I am at the microscope DERIVATION AND USE OF chose with the existing stem cells and there is an embryo under the mi- PLURIPOTENT STEM CELLS WITH- croscope there. That embryo could be- OUT HARMING EMBRYOS. lines, and he thought there were about ‘‘(a) DEFINITIONS.—In this section, the fol- 60. There have never been 60, but he come a snowflake baby. More than 100 lowing definitions apply: was told there were something like 60 times parents who do not have an ‘‘(1) HUMAN EMBRYO.—The term ‘human stem cell lines, and Federal dollars ovum, cannot get pregnant any other embryo’ includes any organism, not pro- could be used for research on those way, have adopted these surplus em- tected as a human subject under 45 CFR 46 as lines, but no Federal dollars could be bryos and we have more than 100 of of the date of the enactment of the Respect used for developing or destroying any what we call snowflake babies. The em- for Life Pluripotent Stem Cell Act of 2005, that is derived by fertilization, parthenogen- additional embryos for stem cell lines. bryo that I am looking at under the microscope might be adopted and that esis, cloning, or any other means from one or more human gametes or human diploid cells. b 2130 could be any one of the 400,000 em- ‘‘(2) PLURIPOTENT STEM CELL.—The term This was about 4 years ago, and as we bryos, and it might be the next Albert ‘pluripotent stem cell’ means a cell that can knew, the scientific community knew, Einstein. How could I destroy an em- in principle be differentiated to produce all as I knew because of my background, bryo that might be adopted and might or almost all the cell types of the human these stem cell lines would eventually be the next Albert Einstein? So this is body, and therefore has the same functional run out. Stem cell lines, like people, the argument on the other side, which capacity as an embryonic stem cell, regard- age. For reasons that we may not un- is why the great debate over H.R. 810. less of whether it has the same origin. derstand, they do not last forever. As a result of a series of discussions ‘‘(b) IN GENERAL.—With respect to pro- Those stem cell lines, Madam Speaker, with the White House and with a num- ducing stem cell lines for important bio- medical research, the Director of NIH shall, are running out. We now have, I think ber of the interested groups, we have through the appropriate national research the accepted figure is 22 stem cell lines developed a bill which is called H.R. institutes, provide for the conduct and sup- left, and all of these are contaminated 3144, the Respect for Life Pluripotent port of basic and applied research in iso- with mouse feeder cells. This is the re- Stem Cell Act of 2005. lating, deriving and using pluripotent stem

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00163 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15727 cells without creating or harming human and as the gentleman from Maryland As I understand the bill, it is an op- embryos. Such research may include— pointed out, there are actually 100 or portunity to encourage, with the Presi- ‘‘(1) research in animals to develop and close to 100 little babies, up to 6, 8 dent’s blessing, increased funding test techniques for deriving cells from em- months old now who were referred to through the NIH for research on bryos without doing harm to those embryos; nonhuman primates to make sure that ‘‘(2) research to develop and test tech- as the snowflake babies. They actually niques for producing human pluripotent were donated to couples who were bar- this biopsy, actually it has already stem cells without creating or making use of ren, infertile, from these couples who been done in genetic counseling studies embryos; and had completed their family and had on couples who have a really strong ‘‘(3) research to isolate, develop and test these excess embryos frozen that they family history of inheritable diseases, pluripotent stem cells from postnatal tis- were not going to use. something like hemophilia or sues, umbilical cord blood, and placenta. We have seen them. I think the gen- Duchenne’s muscular dystrophy where ‘‘(c) PROHIBITIONS REGARDING HARM TO tleman from Maryland (Mr. BARTLETT) maybe if it is an adult child, it has a 50 HUMAN EMBRYOS.—Research under sub- percent chance of having one of these section (b) may not include any research had a lot to do with bringing, along that— with the gentleman from Pennsylvania life-threatening, eventually fatal dis- ‘‘(1) involves the use of human embryos; or (Mr. PITTS), these little children to the eases. We are already doing testing on ‘‘(2) involves the use of stem cells not oth- House, to the Congress, and indeed to those embryos to make sure that it erwise eligible for funding by the National the White House during the week that would be safe to put them back into Institutes of Health; or we were debating the bill brought to us the mother’s womb to grow and de- ‘‘(3) involves the use of any stem cell to by the gentleman from Delaware (Mr. velop and become a full-term fetus and create or to attempt to create a human em- CASTLE) and the gentlewoman from there has been no harm in those in- bryo, or stances. ‘‘(4) poses a significant risk of creating a Colorado (Ms. DEGETTE). As the gentleman from Maryland This is not wild-eyed science, some- human embryo by any means. thing that is Star Wars mentality. Not ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— points out, there are a lot more of For the purpose of carrying out this section, those little lives that are still on ice, if at all. We are talking about one of the there are authorized to be appropriated you will; and the gentleman from brightest Members of this body, a $15,000,000 in fiscal year 2006, and such sums Maryland is so right in pointing out Ph.D. physiologist, a doctor of physi- as may be necessary for each of the fiscal that, hey, maybe one of those would be ology who has taught in medical years 2007 through 2010. Such authorization an Einstein one of these days, the next school. is in addition to other authorizations of ap- Madam Speaker, when I was in med- Einstein. Some of my colleagues say, propriations that are available for such pur- ical school, it was my instructor who well, just 100 out of 400,000, that is not pose.’’. taught me physiology, the functioning very many. Indeed, it is a fourth of this Mr. BARTLETT. Madam Speaker, of the human body in a healthy situa- body, Madam Speaker, almost a fourth the gentleman from Georgia (Mr. tion, whether we are talking about the of 435 Members of the House of Rep- GINGREY) has joined us. I would like to heart, the lungs, or any organ system resentatives. There may be some real yield to him before I go through the of the body. That is the study of physi- history of how we got to this bill smart ones remaining on ice that pos- ology. That is who we are talking and the people we talked to and ex- sibly could end up being United States about when we reference this Member, actly what is in the bill. I thank the Senators. More importantly, of course, the gentleman from Maryland, who is gentleman for joining us. it could be the next Pope John II or bringing us this bill. He knows of what Mr. GINGREY. I certainly thank the Pope John III or Martin Luther King, he speaks. He has taught not only gentleman from Maryland for yielding. Jr. or Abraham Lincoln. Who is to say physiology but also embryology. It is indeed a pleasure to again be with what we are talking about as a throw- I know my colleagues as they listen him tonight, Madam Speaker. Any op- away life? I am just so grateful for the to his presentation tonight and they portunity that I have as an original co- gentleman from Maryland for bringing look at the material, the visual aides sponsor of the gentleman from Mary- us a bill, H.R. 3144, which avoids this that he has with him, it is clear that land’s legislation, H.R. 3144, is an op- issue of destroying human life for the his understanding, his depth of knowl- portunity that I gladly accept no mat- purpose of obtaining embryonic stem edge is far beyond maybe what even ter what the hour. The importance of cells. the physician Members of this body this issue really cannot be overstated. I do not think, Madam Speaker, that have. So it is with a deep amount of re- I know the gentleman from Maryland we will ever get to the point in this spect for him that I have signed on to as he started this Special Order hour Chamber, as much as I, and I am sure this bill. I am fully supportive of it. It discussed the fact that of the so-called the gentleman from Maryland is of the gives us an opportunity to address this throwaway embryos, throwaway babies same mind-set, of wanting to do things issue of trying to find a way with stem as we see it in these in vitro fertiliza- in a bipartisan fashion with our col- cells, whether they are adult or embry- tion clinics that exist across this coun- leagues on both sides of the aisle, this onic; and I tend to agree with the gentry, I think somebody estimated there issue, this pro-life/pro-choice issue. The tleman from Maryland that embryonic were 400,000 of them and that in some country is probably pretty evenly di- stem cells probably do have a little instances couples who had gone vided. This body is probably evenly di- more potential, although we have had through in vitro fertilization and com- vided. great success in adult stem cells and a pleted their families truly would have But the point is we do not have to get lot of these diseases that our col- some extra embryos that they at least into a knockdown, drag-out, hair-pull- leagues have talked about and we have at a certain point in time had no inten- ing, fingernail-scratching bloodbath seen public service advertisements, fa- tion of having reimplanted. So for the over this issue. That is what the gen- mous people, actors, former politi- time being, maybe they were excess tleman from Maryland is bringing to cians, a former first lady, families of embryos. us, an opportunity to support a bill those suffering from diabetes, spinal But those of us who feel very strong- that does not lead us down that road cord injury, degenerative disease, ly about the sanctity of life truly be- where there seems like there will never Parkinsonism, Alzheimer’s. These lieve that there is no such thing as an be a meeting of the minds. This oppor- things really tear at your heartstrings. excess human life at either extreme, tunity, basically, as he is pointing out There is no argument, I do not think, the very youngest embryonic stage or with his posters in regard to the abil- in this body, in a partisan way about the very oldest, many of whom I would ity, with some research, to be able to wanting to help and wanting to use be referring to, our octogenarians and obtain embryonic stem cells without science to the best of our ability to older who might be in a nursing home destroying human life, without de- look for a cure. There is not a guar- suffering from Alzheimer’s disease at stroying the embryo, I have heard him antee. There is absolutely no guar- the final stages of their lives, but all of refer to this almost like an embryonic antee. There are probably lots of com- these lives are extremely important; biopsy. plications, false starts, two steps back

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00164 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15728 CONGRESSIONAL RECORD—HOUSE July 12, 2005 for one step forward. There will be lots have signed on to this bill. The White see if the baby would have a genetic de- of money, Federal dollars probably House, I think, is very supportive of fect. And if there was no genetic defect, being spent on research. But the point this. There is a companion piece of leg- they implanted the remaining seven is the President in August of 2001 was islation, as I understand; it originating cells, sometimes six cells. And more absolutely right, in my humble opin- in the other body. We are on to some- than 600 times that went on to produce ion, in regard to his decision to put a thing here. a perfectly normal baby. That is now moratorium on the harvesting of stem And again it is a pleasure to join my being done in this country just outside cells, embryonic stem cells that would colleague tonight and share these Washington, in Virginia. A few weeks result in the destruction of human life. thoughts, try to maybe enlighten my ago I spent probably a half hour or At that point, there were some 60 cell colleagues on both sides of the aisle, more on the phone with two of the lines already in existence that our uni- Madam Speaker; and I do thank the medical scientists there who were in- versity research scientists at NIH and gentleman for giving me an oppor- volved in this research. other places were using. The President tunity to be with him to discuss such There is one potential ethical prob- said, that is perfectly okay to con- an important issue. And I will be glad lem here, although the President’s tinue. to stick around for a little while if we Council on Bioethics thinks it is not a want to get into a colloquy later on, problem. I would like to avoid, Madam b 2145 but I thank him for giving me this op- Speaker, even the possibility of a prob- Those lives have already been de- portunity. lem. And that problem is that the cell stroyed in obtaining those stem cell Mr. BARTLETT of Maryland. Madam that we take from that embryo might, lines. Good research was occurring. Speaker, reclaiming my time, I want to under the right circumstances, become The President, this President, George thank my colleague very much for his an embryo itself. The members of the W. Bush, is the very first President comments. He is very generous. I did President’s, and I have the white paper that, in fact, allowed Federal funding not come to the Congress, and that was here I am going to refer to in just a for research on embryonic stem cells. 13 years ago, until I was 66 years old; moment, Council on Bioethics think So those who criticize or suggest, and I am very fortunate to have some that that is not feasible. But, Madam Madam Speaker, that this President is prior life experiences that have per- Speaker, if we were to wait just a little insensitive and uncaring, I suggest to mitted me to understand some oppor- later to take the cell to the inner cell my colleagues that this President is tunities here in the Congress that mass, and I probably ought to put that the most caring that we have ever had might not have been so obvious to oth- chart of the uterus back up here so in regard to this issue. He has done ers who did not have this background. that I can point to what I am referring more than any other President. He After the President came down with to here, in the laboratory they are does not deserve to be criticized, but his executive order, I continued to going at the eight-cell stage and taking rather applauded for his efforts in this meet with the folks at NIH, and I sub- a cell or two out and doing a regard. sequently learned, by the way, I need preimplantation genetic diagnosis. And I think he is steadfast in his de- to come back to that problem with If there is no genetic defect, they im- termination not to destroy human life Karl Rove and his discussion with the plant the remaining cells, and more because, as the gentleman from Mary- NIH people, and this was a typical ex- than 1,000 times worldwide now, they land has pointed out and as I just said, ample of failed communications. And have had a normal baby born. The ar- we do not know those so-called extra so often we think that we are carrying gument is that that cell they take out embryos, those throwaway embryos. on a dialogue and we are really car- under the right circumstances is We do not know what those lives en- rying on simultaneous monologues. pluripotent, totipotent at that stage tail. We do know that they have a very However it happened, what the NIH probably, and could produce another unique, full complement of DNA that people were telling Karl Rove was that embryo. To avoid that, if we just wait have all of their genetic material they they were not sure that they could until the inner cell mass stage, which are going to ever have. They are the make a stem cell line from an embryo is the stage from which the embryonic tiniest of human life, little tiny babies. that early. That is true. That is why in stem cell lines are now developed when We call them embryos, but they are lit- our bill we advocate animal model re- they destroy the embryo, there is no tle tiny embryos whose lives are frozen search rather than beginning with hu- reason they cannot go into this inner and suspended. But they should have mans. But there is no reason we should cell mass and through the trophoblast that opportunity. not be able to do that. and they could take out several cells And even the couples who think, Now, as a matter of fact, a Russian then because there are a lot of cells Madam Speaker, that they would never scientist working in this country, there. use those embryos, we have witnessed Verlinsky, says he has, in fact, done By that time we already have some tragedies every day in the news, this that. I have met a number of times differentiation. The cells in the inner 24-hour cable news that we are sub- with people from NIH. On July 20 of cell mass are going to produce the jected to, but we read about children last year, for instance, we had an ex- baby. The three germ layers that we that are kidnapped, abused, murdered, tended meeting in my office with rep- talked about at the very beginning and the situation in Aruba, the situation in resentatives from NIH, with represent- the cells in the trophoblast are going Nebraska. We can just name so many atives from Health and Human Serv- to produce the decidua. The decidua is where people think that their family is ices, and with representatives from the the amnion and chorion, the tissues complete and they have got all they White House. that support the baby, and we can see want out of their reproductive life, and And then, Madam Speaker, a very in- those starting to develop down here in all of a sudden, as the old country song teresting thing happened while we were day 8 and 9 when the embryo has at- goes, ‘‘some days are diamonds and having this series of meetings with the tached itself to the wall of the uterus some days are stones,’’ all of a sudden NIH and HHS and the White House and and the uterus grows and produces we have a few days that are stones and with the outside groups. There ap- some tissues and there is a growth of there might be a tragic loss of a child peared in the literature a paper, a very this decidua here and we have the pla- or more than one child, and all of a interesting paper, on preimplantation centa, these big opposing vascular bags sudden maybe those frozen embryos do genetic diagnosis. And what these med- through which food and oxygen and not seem so expendable anymore. ical people were doing, and this was in CO2 and hormones and so forth are ex- So that is why this issue is so impor- England, the first paper came from a changed between the baby and the tant and why I feel so very passionate, clinic in England, what they were mother. not just myself and the author of this doing was going into the eight-cell By the way, Madam Speaker, this is bill, the gentleman from Maryland (Mr. stage and taking a cell or two out to do a pretty hazardous journey; and we do BARTLETT), but a number of others who a preimplantation genetic diagnosis to not know the exact percentage, but

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00165 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15729 maybe less than half of all of the ova While we are carrying on these dis- up the genetics. Well, if they can never here that get fertilized actually im- cussions with the White House and NIH be a baby, then maybe ethically you plant in the uterus. As a matter of and HHS and with the outside groups, can take stem cells from it, and this is fact, one of the techniques for pre- the President’s Council on Bioethics something that really needs to be ex- venting conception is an IUD. They submits a white paper; and in this plored. simply place a foreign object here in white paper they go over four potential These several techniques are all open the uterus, and the uterus reacts to the techniques that might produce for investigation. Oh, the fourth one of presence of that foreign by not permit- pluripotent stem cells, which is an- these is pluripotent stem cells by dif- ting the fertilized egg, the embryo, to other way of saying the equivalent of ferentiation. I mentioned the differen- implant there. embryonic stem cells, without destroy- tiation of cells. That is when they de- Mr. GINGREY. Madam Speaker, will ing or harming an embryo. And what cide that they are going to be just this the gentleman yield? our bill does, Madam Speaker, is sim- or that, and all the cells they produce Mr. BARTLETT of Maryland. I yield ply ask NIH to please explore these po- after that are just that kind of cell. to the gentleman from Georgia. tentials, first of all, in animal models; Now, sometimes, you can take a cell Mr. GINGREY. Madam Speaker, I and the bill gives them $15 million to and kind of put it in an environment wanted to mention to the gentleman begin this exploration. where you have confused it, you have that as an OB/GYN physician, of course I just wanted to spend just a moment shocked it, you have done something to I have had some experience with some talking about the four things that are it, so it forgets what it was supposed to of the processes that can occur in rein here because it may be of interest to be, and it starts making cells, tissues productive endocrine laboratories and a number of people. The first is called that it would not ordinarily make in the technique dealing with infertile pluripotent stem cells derived from that stage of differentiation. So what couples, and I have had a discussion organismically dead embryos. Well, our bill does is to permit the research, with the gentleman from Maryland this says that all these embryos I had particularly on two of these, the nu- about this. But in a situation where mentioned earlier, all these embryos cleus transfer and the taking of cells the couple is infertile and it is because will not live. And when an embryo is from the early blastomere. of male infertility, there is nothing moribund, it is not going to divide any- Our bill has received input from the wrong with the egg, but there is a very, more, then it is the equivalent of a White House, from the Conference of very low sperm count in the male, and brain dead person and there should be Catholic Bishops, from Right the Life normally it takes probably 1,000 sperm no problem taking cells from it like communities, so there is a broad spec- to successfully fertilize an egg in the they would take organs from a brain trum of individuals and organizations natural way. dead person. out there that are supportive of what In fact, the normal sperm count in a One might have a little question we are doing. male is about 60 million. But even a about the vitality of the cell they take In the few moments left, Madam sperm count as low as 1,000, pregnancy from that embryo, but at least ethi- Speaker, I would like to note that can occur in the normal, natural way. cally if the embryo is dead or mori- there have been a plethora of articles But when it gets much lower than that, bund, the equivalent of a brain dead very recently about this, and I would it becomes less and less possible. But person, they could take an embryo like to submit these for the RECORD. they have a technique. And there is an from it. The second procedure, and the They are not very long, and I will in- acronym, Madam Speaker. There is an next chart shows a little clip from sert them into the RECORD. Here is Na- acronym for everything, it seems, even that, is one in which, down at the bot- tional Geographic, July 2005. Stem though this is not in the military. That tom here, it says ‘‘a similar idea was cells, a big article, very good article on acronym is ICSI. It stands for proposed by Representative ROSCOE stem cells there. Here is a letter of intracytoplasmic sperm injection, BARTLETT.’’ This was my recommenda- May of this year from Dr. Battey who ICSI. And these biologists working tion in 2001. And this simply says they is the chief spokesman for stem cell re- with reproductive endocrinologists, go into an early embryo, as I have search at the National Institutes of medical doctors who specialize in infer- mentioned, and take out a cell without Health who is quite supportive of our tility, can literally take a single sperm hurting the embryo because mother na- bill and what we propose to do, and and with a needle inject that sperm ture or God, whoever people think here is a very interesting op-ed piece into the egg and create a life, and that makes identical twins, has been doing written by Richard Doerflinger who has been done many times, and not just this for a very long time. represents the Catholic Bishops. at the NIH, but in a lot of these infer- Our bill simply asks the NIH to do By the way, I need to give credit tility clinics across this great country, this in animal models to make sure where credit is due. It was Richard in my State of Georgia. It is something that it is safe and efficacious. Doerflinger who made the great sugges- that is done routinely. A third technique is called tion that the first thing you do with So what the gentleman from Mary- pluripotent stem cells derived from bi- that cell you take from the early em- land (Mr. BARTLETT) is talking about ological artifacts. This is an inter- bryo is to create a repair kit so that all in this poster presentation in regard to esting one. And what the proposal during the life of that person, they will waiting to just the right point for there is that they take an ovum and have frozen the ability to produce a these scientists to be able to develop a they take the nucleus out of the ovum new liver if they need it, islets of technique to obtain embryonic stem and then they take an altered nucleus Langerhans, spinal cord cells, whatever cells without destroying that embryo out of a somatic cell. they need. There is a great op-ed piece and beyond the point where that single by Richard Doerflinger who explains cell itself would be an embryo, he b 2200 his support for our bill. He says, Rep- knows of what he speaks. And I wanted You alter the nucleus so that you resentative BARTLETT and his col- to have an opportunity to share that, have turned off some of the genes, and leagues are helping to demonstrate Madam Speaker, with our colleagues then you put that nucleus inside the what has always been true: science and and make sure they understand that egg. Now, why would you do that? Be- ethics were meant to be allies, not en- here again we are not talking about cause in the cytoplasm of the egg out- emies, and this is certainly true. Star Wars technology here. We are side the nucleus of the egg, there are Tuesday, July 12, Associated Press, talking about things that are being some factors which turn on and turn Lawmakers Wary of Backup Stem Cell done today. off genes and kind of control what hap- Bill. For those who would like to see Mr. BARTLETT of Maryland. Madam pens inside the nucleus. So now they just the Castle-DeGette bill passed, our Speaker, reclaiming my time, I thank have turned off some genes so this bill, and the President, by the way, the gentleman very much for that con- thing will divide; that will never be a says that if that other bill gets to his tribution. baby because they have kind of messed desk, he will veto it. For those of us

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00166 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15730 CONGRESSIONAL RECORD—HOUSE July 12, 2005 who believe that we really ought to re- line can be derived by culturing a human term risks to the person even into adult- search stem cells, we really look for- morula-staged embryo (Reproductive Bio- hood, it would have to be considered a very ward to a bill which the President can Medicine Online, 2004 Vo. 9, No. 6, 623–629, high risk and ethically questionable endeav- support. Verlinsky, Strelchenko, et al). It is also or. Because of the risk of harm, this research worth noting, however, that in these experi- would also be ineligible for Federal funding. Stem Cell Legislation is At Risk, ments, the entire morula was plated and You had also asked NIH about the latest July 9, Washington Post. GOP Probes used to derive the hESC lines. The human stage in development that an embryo can be Nondestructive Cell Research, Wash- morula is generally composed of 10–30 cells artificially implanted into the womb. We ington AP, June 29. And then just and is the stage that immediately precedes know that infertility clinics transfer em- today, in Congressional Quarterly, the formation of the blastocyst. bryos at the blastocyst stage (approximately Congress Considers Numerous Stem At the April 26th meeting, NIH agreed that Day 5 in human embryo development) as well Cell Bills. It mentions our bill in the such experiments might be pursued in ani- as at earlier stages. mals, including non-human primates. That Finally, I am providing an additional re- House, and that BILL FRIST is expected is, animal experiments could be conducted to source that was discussed at the April meet- to draft a related bill in the Senate. determine whether it is possible to derive ing. I have enclosed a copy of a recently re- I am very pleased, Madam Speaker, hESCs from a single cell of the 8–cell or leased white paper developed by the Presi- that my background has permitted me morula stage embryo. To date, to the best of dent’s Council on Bioethics (PCB) on Alter- to understand some of the potential our knowledge no such derivations have been native Sources of Human Pluripotent Stem here, my experience with my grand- successful. NIH also does not know whether Cells. In this white paper, the PCB raised mother, with these little diabetic kids, these experiments have been tried and failed many ethical, scientific and practical con- my profound pro-life commitment. I in animals and/or humans and, therefore, cerns about alternate sources for deriving am very pleased that I was able to pro- have not been reported in the literature. NIH human pluripotent stem cells without harming the embryo. Your proposal is specifically pose a potential solution that I think agreed to explore whether there have been any attempts to use single cells from the 8– discussed in this report. meets the morals and the demands of cell or morula stage of an animal embryo to I hope this information is helpful. both sides of this issue. start embryonic stem cell lines by con- Sincerely, Madam Speaker, I ask unanimous sulting with scientists that are currently JAMES F. BATTEY, Jr., consent to insert the following articles: conducting embryo research. From these dis- M.D., Ph.D., Chairman, NIH Stem DEPARTMENT OF HEALTH cussions, these scientists believe it is worth Cell Task Force and AND HUMAN SERVICES, attempting experiments using a single cell Bethesda, Maryland, May 23, 2005. from an early stage embryo or cells from a Director, National Institute on Deaf- Hon. ROSCOE G. BARTLETT, morula of a non-human primate to establish House of Representatives, an embryonic stem cell line. ness and Other Com- Washington, DC. Of note, a recent 2003 paper from Canada munication Dis- DEAR MR. BARTLETT: I am pleased that shows that when single human blastomeres orders. Drs. Allen Spiegel and Story Landis were are cultured from early cleavage stage em- able to meet with you, Mr. Otis and Mr. bryos, before the morula stage, that there is [From the News Observer, June 29, 2005] Aitken during your visit to the National In- an increased incidence of chromosomal ab- GOP PROBES NON-DESTRUCTIVE CELL stitutes of Health (NIH) last month to dis- normalities. Even with hESCs derived from RESEARCH cuss ways to derive human embryonic stem the inner cell mass of the human blastocyst, (By Laurie Kellman) cells (hESCs). Drs. Spiegel and Landis were the odds of starting a hESC line from a sin- WASHINGTON (AP).—Embryonic stem cell serving as Acting Co-Chairs of the NIH Stem gle cell are long, perhaps one in 20 tries. research that doesn’t destroy budding human Cell Task Force during my leave of absence Thus, the odds of being able to start with a life? Right now, it’s possible only in theory, from this position. Earlier this month, I re- single cell from an 8-celled or morula staged or on animals. But those alternatives to the turned to chair the Task Force. NIH shares embryo are equally challenging. This would most promising stem cell science are enough your enthusiasm on the therapeutic poten- make it difficult to accomplish the goal of to win the attention of anti-abortion Repub- tials of hESC research and thank you for establishing ‘‘repair kits’’ and hESC lines licans and President Bush. your continued support of this field. from any single PGD embryo. (Fertil Steril, Senate Majority Leader Bill Frist and Drs. Spiegel and Landis briefed me about 2003 June, 79(6):1304–11, Bielanska, et al). It is other GOP lawmakers are considering legis- your April 26th meeting. I am also aware possible, however, that improvements in lation drawn from a report in May by Bush’s that you have had previous meetings with technologies for deriving and culturing Council on Bioethics, which studied research NIH officials, including myself, Lana hESCs may improve these odds. that might carry medical promise but is in Skirboll and Richard Tasca, on this topic. NIH concludes that the possibility of es- its infancy. You propose the possibility of using a cell (or tablishing a stem cell line from an 8–cell or In some cases, the research is ethically ob- two) removed from the 8-cell stage human morula stage embryo can only be determined jectionable, the panel wrote. Nonetheless, it embryo undergoing preimplantation genetic with additional research. NIH would wel- said four types of studies ‘‘deserve the na- diagnosis (PGD) to: (1) create a ‘‘personal re- come receiving an investigator-initiated tion’s careful and serious consideration.’’ pair kit’’ made up of cells removed from the grant application on this topic using animal Bush was receptive to funding the theo- embryo and stored for future use; and (2) for embryos. The Human Embryo Research Ban retical approaches rather than medically deriving human embryonic stem cell lines. would preclude the use of funds appropriated more promising research that destroys em- You suggested that creating hESC lines in under the Labor/HHS Appropriations Act for bryo, three lawmakers who have discussed this manner would avoid ethical questions pursuing this research with human embryos. the subject with him told The Associated surrounding the fate of a human embryo. As with all grant applications, the proposal Press. Live births resulting from embryos which must be deemed meritorious for funding by ‘‘There was a sense around the table that if undergo PGD and are subsequently im- peer review and then will be awarded re- we could discover a way to extract the stem planted seem to suggest that this procedure search funds if sufficient funds are available. cells without destroying the embryo, that does not harm the embryo, however, there It also bears keeping in mind that it may that was something that nearly everyone are some reports that a percentage of em- take years to determine the answer. could support,’’ said Representative David bryos do not survive this procedure. In addi- At the April 26th meeting, you had men- Dreier, R-Calif., who discussed the option tion, long-term studies would be needed to tioned that twins can develop when the inner with Bush at a White House meeting earlier determine whether this procedure produces cell mass splits in the blastocyst and forms this month. ‘‘The president was very enthu- subtle or later-developing injury to children two embryos enclosed in a common siastic about that. He clearly supported it.’’ born following PGD. Also, it is not known if trophoblast. You asked if cells from the Another possible compromise, being draft- the single cell removed from the 8-cell stage inner cell mass could be safely removed ed by Representative Roscoe Bartlett, R– human embryo has the capacity to become without harming the embryo. In animal MD., a biological engineer, would send $15 an embryo if cultured in the appropriate en- studies, it has been shown that the blasto- million to the National Institutes of Health vironment. cyst can be pierced to remove cells of the for stem cell research on animal embryos, NIH is not aware of any published sci- inner cell mass and the embryo appears to according to a draft obtained by the AP. entific data that has confirmed the estab- retain its original form but it is not known ‘‘Congressman Bartlett sought and re- lishment of hESC lines from a single cell re- whether the embryo will result in the birth ceived technical assistance from the admin- moved from an 8-cell stage embryo. We are of a healthy baby. Since this experiment in istration to ensure that the bill that he is aware of the published research of Dr. Yury human embryos at either the morula or the working on would be consistent with the Verlinsky in the Reproductive Genetics In- blastocyst stage would require evaluations of president’s principles and goals,’’ said Lisa stitute in Chicago that showed that a hESC not only normal birth but also unknown long Wright, Bartlett’s spokeswoman.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00167 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15731 Bush has repeatedly said he would veto a blastomere to be worthwhile, and which em- search into deriving stem cells from a single bill the House passed last month backing bryos would be used. animal cell without destroying the embryo. standard embryonic stem cell research and —Develop stem cells derived from specially The House approved the Harkin-Specter any similar version by the Senate, which is engineered tissue. One such technique is bill, 238–194, on May 24. That is far less than expected to turn to the issue in July. called ‘‘altered nuclear transfer,’’ essentially the two-thirds support that would be needed ‘‘We’ll probably consider a number of cloning in a way that grows only tissue, not to override a veto Bush has threatened, and bills,’’ Frist told the AP. an actual embryo. This process hasn’t been it was unclear that either house of Congress Senator Rick Santorum, R–Pa., who also attempted yet. had the two-thirds vote necessary to over- attended the meeting with Bush, said he may —Turning back the clock on older cells so ride a veto. try to amend one of Congress’ must-pass they again become ‘‘pluripotent,’’ the sci- The bill numbers are H.R. 810 and S. 471. spending bills to provide federal money for entific term for the ability to turn into any specific studies outlined in the bioethics tissue. Scientists already are trying to do [From the Life Issues Forum, June 30, 2005] council’s report. this to some degree through ‘‘adult stem STEM CELLS WITHOUT EMBRYOS? Senator Gordon Smith, R–Ore., said that in cell’’ research, such as turning blood-making (By Richard M. Doerflinger) his own talk with Bush, he found the presi- cells into cells that produce liver or muscle The battle lines of the stem cell debate dent ‘‘looking for a way to stay within his tissues. It’s not clear whether older cells can have become familiar. be returned to an embryonic state. ethical boundaries.’’ In one corner we have embryonic stem Almost two-thirds of Americans say they cells, obtained by destroying one-week-old [From the Guardian, July 12, 2005] support embryonic stem cell research and a human embryos. The cells are ‘‘pluripotent,’’ majority of people say they would like to see LAWMAKERS WARY OF BACKUP STEM CELL capable of producing all the 210 cell types in fewer restrictions on taxpayer funding for BILL the human body. In the other corner are those studies, according to recent polling. (By Laurie Kellman) stem cells obtained harmlessly from adult The proposal may free senators from a WASHINGTON (AP).—President Bush and his tissues, umbilical cord blood and placentas. tight spot between Bush’s veto threat and conservative Senate allies are trying to peel These pose no ethical problem, but sup- public pressure for embryonic stem cell re- votes from a stem cell bill by offering alter- posedly are more limited. search, which has shown promise in the native legislation that would instead fund Herein lies the alleged tension between search for cures for Parkinson’s, Alzheimer’s promising but unproven studies, several sen- science and ethics. We can cure devastating and other diseases. ators said Tuesday. diseases, or respect embryonic human life, But it also would spend millions of dollars ‘‘I’m all for these alternative sources, (but) but not both. on studies whose value is speculative. Some not as a substitute, not as some way of stop- That dichotomy has always been mis- of the techniques have not even been at- ping what we’re about to do,’’ said Tom Har- leading. Embryonic stem cells are far from tempted in animals. kin, D–Iowa, Senate sponsor of a bill already curing any disease, while adult and umbilical Frist, who is a heart and lung transplant passed by the House that would end Bush’s cord blood stem cells have helped many surgeon, told the AP at least three of the 2001 ban on federal funding for new human thousands of patients. Yet scientists still processes on the bioethics council’s list met embryonic stem cell studies. claim that cells obtained by destroying early his criteria for funding embryonic stem cell Several scientists testifying Tuesday be- human life have special advantages that can- research. fore the Labor, Health and Human Services not be duplicated. ‘‘All of the research you have there stops Appropriations subcommittee agreed that This claim is about to be tested. short of the creation of an embryo for experi- Harkin’s bill, cosponsored by panel Chair- Just before Congress’s July 4 recess, Rep- mental purposes, and short of destruction of man Arlen Specter, R–Pa., should be passed resentative Roscoe Bartlett (R–MD) intro- an embryo for experimental purposes,’’ he before even their own research receives fed- duced the ‘‘Respect for Life Pluripotent said. ‘‘That is the direction I think we eral funding. Stem Cell Act.’’ It instructs the National In- should explore.’’ ‘‘It’s a no-brainer,’’ said Robert Lanza, one stitutes of Health to fund research in obtain- Those are the same boundaries set out by of the scientists working on a process by ing ‘‘pluripotent’’ stem cells without cre- Bush, who in a 2001 executive order prohib- which embryonic stem cells are derived ating or harming human embryos. ited federal funding of any research using without destroying life. ‘‘I do not think we Mr. Bartlett knows whereof he speaks. He human embryonic stem cells harvested after should keep the scientific community or the holds a Ph.D. in physiology, and bases his Aug. 9 of that year. patient community waiting.’’ proposal on a report by the President’s Coun- Senator Tom Harkin, D–Iowa, a chief sup- Another scientist at the table, William B. cil on Bioethics and the latest research find- porter of traditional embryonic stem cell re- Hurlbut of Stanford University, said vital ings. search, shrugged at the notion of an alter- science that could someday lead to cures of His bill outlines two ways to get native. diseases like Alzheimer’s and Parkinson’s pluripotent stem cells without harming em- ‘‘Most of these ideas are nothing but theo- must have the engine of public consensus be- bryos. One is to remove the cells from em- ries. They haven’t been tested,’’ he said hind it. bryos without harming or destroying them. Wednesday. A member of the President’s Council on The bill would fund such efforts in animal The processes studied by the council could Bioethics, Hurlbut noted that large sections embryos, to see if this can be safe enough to theoretically develop embryonic stem cell of the public believe human embryonic stem consider doing in humans. lines—which can develop into any cell in the cell research is immoral because it destroys The other approach would produce embryo- body—without harming the embryo. They the embryo, which many, including Bush and like stem cells without creating embryos at would: some congressional conservatives, consider a all. A dozen studies now indicate that umbil- —Derive stem cells from technically dead budding human life. Government, he said, ical cord blood and adult tissues contain embryos. When embryos frozen during in- should set ‘‘a coherent moral platform to stem cells that may be as versatile as embry- vitro fertilization are thawed, some never re- guide our science.’’ onic stem cells. In addition, cutting-edge resume dividing and thus are discarded. No one But staring down a self-imposed Aug. 1 search suggests that adult cells can be ‘‘re- knows whether scientists could find healthy deadline for voting on the legislation, Senate programmed’’ in several ways into stem cells inside an embryo already so dam- negotiators were no closer Tuesday to agree- pluripotent stem cells. aged that it wouldn’t grow, or coax them to ing on a list of bills to debate on the Senate One avenue is dubbed ‘‘ANT–OAR’’—al- live when transferred out of that embryo. floor. Still swirling were talks over a six-bill tered nuclear transfer by oocyte assisted re- —Extract stem cells from two-day-old em- package of legislation, including the Harkin- programming. bryos using a non-lethal biopsy technique. Specter measure, and others that would fund ‘‘Nuclear transfer’’ is the cloning method Until now, most stem cells have been culled alternative methods or ban certain stem cell that made Dolly the sheep. The nucleus of a from embryos that contain 100 or so cells. and cloning techniques altogether. body cell is combined with an egg deprived of However, in vitro fertilization clinics fre- Specter, a cancer patient also helming the its own nucleus. Signals in the egg activate quently extract one cell, called a blastomere, fight over Supreme Court nominations, said a much wider range of genes in that nucleus, from a younger, eight-celled embryo to per- he was growing impatient with the delay and so it no longer directs one specialized type of form genetic testing—to tell, for instance, made clear that his bill is the first priority. cell but begins the development of a whole whether some embryos will have a disease ‘‘If we can pass the House bill, Specter- new organism. What if the egg and the body like cystic fibrosis. This testing doesn’t de- Harkin, that is the most important bill to be cell were altered in advance so that, from stroy the embryo, so women can choose to enacted,’’ Specter said as he gaveled open the beginning, the result is not a one-celled have only healthy ones implanted. According the Labor, Health and Human Services sub- embryo, but a pluripotent stem cell like to one report, more than 1,000 healthy chil- committee hearing. those now obtained by destroying embryos? dren have been born after blastomere test- Testifying were James Battey, chairman of There are good scientific reasons to believe ing. The questions are whether enough stem the National Institutes of Health Stem Cell this can be done. And many Catholic sci- cells could be culled from a single Task Force, and Lanza, who has done re- entists and ethicists have declared that it

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00168 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15732 CONGRESSIONAL RECORD—HOUSE July 12, 2005 can and should be explored (see The administration is eager for Bush to tem work are being overlooked by Hurlbut, www.eppc.org/news/newsid.2375/newsldetail. sign legislation supportive of at least some who is a physician but not a research sci- asp). types of stem cell research, according to sev- entist. It would be good news indeed if modern eral lobbyists close to the congressional ne- ‘‘I’ve been telling Bill, ‘Why don’t you go science ends up resolving some moral dilem- gotiations. Signing such a bill could take work in a lab this summer? Why not see how mas that an irresponsible use of science has some of the sting out of a veto that is sure easy or hard it really is?’ ’’ said Weissman. created. Representative Bartlett and his col- to infuriate patient groups and could rile a He said he has no problem with the funding leagues are helping to demonstrate what has majority of Americans, who tell pollsters of such research as long as it does not inter- always been true: science and ethics were they back expanded funding of embryonic fere with increased funding for existing pro- meant to be allies, not enemies. stem cell research. grams of embryo research. During the Fourth of July recess, many Practical or not, ANT has gained a quickly [From the Washington Post, July 9, 2005] Senate Republicans struggled with the ques- widening circle of support. The Roman STEM CELL LEGISLATION IS AT RISK tion of whether the new legislation should be Catholic archbishop of San Francisco, Wil- (By Ceci Connolly and Rick Weiss) brought to the floor as a substitute for the liam J. Levada, has written a letter to Bush Promising but still unproven new ap- House-passed bill or as a competing bill—and assuring the president of his support. proaches to creating human embryonic stem if both were to come up, then how to vote on But other conservative leaders have mixed cells have suddenly jeopardized what once each. At least a handful of senators have views on whether it makes sense to pursue appeared to be certain Senate passage of a hinted in recent days that they may transfer the new alternative therapies or to focus sin- bill to loosen President Bush’s four-year-old their vote to the new bill, Hill sources said— gle-mindedly on defeating any expansion of restrictions on human embryo research. among them Hatch, Johnny Isakson (R–Ga.) the current policy. The techniques are enticing to many con- and Kay Bailey Hutchison (R–Tex.). ‘‘I have significant concerns about all the servative activists and scientists because The issue will get its first formal airings at alternatives,’’ said David Prentice, senior they could yield medically valuable human a Senate subcommittee hearing Tuesday and fellow for life sciences at the Family Re- embryonic stem cells without the creation or at a Hill media event on Wednesday at which search Council, which he said does not yet destruction embryos. pro-research celebrities Michael J. Fox and have a formal position on the science. Embryonic stem cells are coveted because Dana Reeve, widow of ‘‘Superman’’ star Jessica Echard, executive director of the they have the capacity to become virtually Christopher Reeve, will call for an imme- Eagle Forum, the public policy organization every kind of body tissue and perhaps repair diate loosening of Bush’s policy. founded by Phyllis Schlafly, said her group ailing organs, but they are controversial be- Some supporters of the research say they opposes ‘‘middle ground’’ legislation that cause days-old human embryos must be de- would be happy if both bills passed. But for pursues alternative methods for producing stroyed to retrieve them. some of the more ardent advocates of an im- embryonic stem cells. ‘‘The new science that may involve embryo mediate expansion of the Bush policy, Bart- ‘‘Most scientists will say it’s never research but not require destruction of an lett’s alternative legislation is a diversion. enough,’’ she said. ‘‘We will be giving ground embryo is tremendously exciting,’’ Senate ‘‘Don’t stop embryonic stem cell research to more and more unethical research.’’ Majority Leader Bill Frist (R-Tenn.) said re- now, hoping there will be some other way to f cently. ‘‘It would get you outside of the do it in the future,’’ Senator Tom Harkin (D– boundaries of the ethical constraints.’’ Iowa) said in an interview. ‘‘These alter- LEAVE OF ABSENCE But because the value of these new sci- native methods of deriving stem cells—we entific methods remains speculative, they don’t know whether they’ll work. The one By unanimous consent, leave of ab- have complicated the political calculus in thing we do know how to do is derive embry- sence was granted to: the highly partisan Senate, which could take onic stem cells.’’ Mr. ABERCROMBIE (at the request of up the issue as early as next week. The new techniques fall into two major Proponents of embryonic stem cell re- Ms. PELOSI) for today on account of ill- categories. In one, a single cell is removed search are divided over how strongly to pro- ness. from a days-old embryo created for fertility mote the new work because of fears it will Mr. CARDIN (at the request of Ms. purposes and coaxed to become a self-repli- undermine efforts to expand federal funding PELOSI) for today after 4 p.m. and the cating colony of stem cells, leaving the re- of conventional embryo research, which they mainder of the embryo to develop normally. balance of the week on account of a say has better odds of success. family emergency. But some opponents of embryo research The technique shows great promise, ac- Mrs. JONES of Ohio (at the request of are uncomfortable with the emerging alter- cording to researchers at Advanced Cell natives, too. That is because they involve Technology Inc. in Worcester, Mass., who pi- Ms. PELOSI) for today and July 11 on cells that closely resemble human embryos, oneered it. But critics have raised the possi- account of constituent business in the raising novel questions about what, exactly, bility that individual cells removed from district. is a human life. such young embryos may have the biological Mr. OBEY (at the request of Ms. potential to become embryos themselves, The science poses a strategic dilemma for PELOSI) for today on account of attend- both groups: Should they support newly cir- which would mean their destruction or cul- tivation as colonies could still raise ethical ing the funeral of the late Senator culating legislation that would fund the new Gaylord Nelson. methods or try to defeat what some decry as issues. a Trojan horse? Bush’s Council on Bioethics also expressed Mr. EVERETT (at the request of Mr. ‘‘This is something that could be very val- concerns recently that such a technique may DELAY) for July 11 on account of being uable if it works, no doubt about it,’’ Stan- subtly harm an embryo, even if it does not unable to travel due to Hurricane Den- ford University stem cell researcher Irving kill it. nis. Weissman said of the new work. ‘‘But don’t ‘‘You may get a human being, but you may Mr. BACHUS (at the request of Mr. not get the same human being,’’ said William tell me we should stop doing [embryo] re- DELAY) for today from 7 p.m. until B. Hurlbut, a Stanford professor and a coun- search until we find out, because people’s July 13 at 6 p.m. on account of attend- lives are at stake.’’ cil member. ‘‘You might find that late in In May, the House easily passed bipartisan life, there are some strange differences being a funeral. legislation allowing federally funded sci- tween those people and others.’’ f entists to study stem cells derived from Hurlbut is the leading proponent of a dif- some of the thousands of human embryos ferent approach, which he calls altered nu- SPECIAL ORDERS GRANTED destined for disposal at fertility clinics—a clear transfer, or ANT. It involves the cre- By unanimous consent, permission to ation of an embryo—or what Hurlbut says is significant expansion of the Bush policy. address the House, following the legis- Until this week, Senators Arlen Specter (R– something akin to an embryo—that lacks a Pa.) and Orrin G. Hatch (R–Utah) expressed gene necessary for the development of a pla- lative program and any special orders confidence that they had more than enough centa. Because a placenta is required for an heretofore entered, was granted to: votes to pass the same bill in the Senate, de- embryo to implant in a woman’s womb, the (The following Members (at the respite threats of a presidential veto. altered embryo would be genetically incapa- quest of Ms. KAPTUR) to revise and ex- Last week, however, opponents began cir- ble of becoming a fetus or a baby. For many, tend their remarks and include extra- culating a competing bill that shifts atten- that would obviate ethical concerns about neous material:) tion toward the more distant but ethically destroying it to get its stem cells. Mr. HOYER, for 5 minutes, today. more palatable new procedures. The House Researchers have tried the technique in version, sponsored by Representative Roscoe mice with some success, but its usefulness as Ms. WOOLSEY, for 5 minutes, today. G. Bartlett (R–Md.), was written with assist- a source of human stem cells remains hypo- Mr. BROWN of Ohio, for 5 minutes, ance from the White House, a Bartlett thetical. Some, such as Weissman, think the today. spokeswoman said. difficulties inherent in making such a sys- Mr. DEFAZIO, for 5 minutes, today.

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Ms. KAPTUR, for 5 minutes, today. H.R. 2326. To designate the facility of the national agreements other than treaties en- Mr. EMANUEL, for 5 minutes, today. United States Postal Service located at 614 tered into by the United States to be trans- Mr. MEEHAN, for 5 minutes, today. West Old County Road in Belhaven, North mitted to the Congress within the sixty-day Mr. INSLEE, for 5 minutes, today. Carolina, as the ‘‘Floyd Lupton Post Office’’. period specified in the Case-Zablocki Act, pursuant to 1 U.S.C. 112b(b); to the Com- Ms. NORTON, for 5 minutes, today. f mittee on International Relations. Mr. BLUMENAUER, for 5 minutes, ADJOURNMENT 2569. A letter from the Executive Sec- today. Mr. GINGREY. Mr. Speaker, I move retary/Chief of Staff, Bureau for Global Mr. EDWARDS, for 5 minutes, today. that the House do now adjourn. Health, Agency for International Develop- (The following Members (at the re- ment, transmitting a report pursuant to the quest of Mr. POE) to revise and extend The motion was agreed to; accord- Federal Vacancies Reform Act of 1998; to the their remarks and include extraneous ingly (at 10 o’clock and 5 minutes Committee on Government Reform. material:) p.m.), the House adjourned until to- 2570. A letter from the Executive Secretary Mr. FLAKE, for 5 minutes, today. morrow, Wednesday, July 13, 2005, at 10 and Chief of Staff, Agency for International Development, transmitting a report pursu- Mr. NORWOOD, for 5 minutes, today a.m. and July 13 and 14. f ant to the Federal Vacancies Reform Act of 1998; to the Committee on Government Re- Mr. SAM JOHNSON of Texas, for 5 min- EXECUTIVE COMMUNICATIONS, form. utes, July 13. ETC. 2571. A letter from the Assistant Director, Mr. CUNNINGHAM, for 5 minutes, July Under clause 8 of rule XII, executive Executive and Political Personnel, Depart- 13. ment of the Air Force, transmitting a report Mr. HUNTER, for 5 minutes, July 13. communications were taken from the pursuant to the Federal Vacancies Reform Mr. MCCAUL of Texas, for 5 minutes, Speaker’s table and referred as follows: Act of 1998; to the Committee on Govern- July 13. 2561. A letter from the Under Secretary for ment Reform. Personnel and Readiness, Department of De- 2572. A letter from the Assistant Director, f fense, transmitting a letter on the approved Executive and Political Personnel, Depart- BILLS PRESENTED TO THE retirement of General John W. Handy, ment of the Army, transmitting a report PRESIDENT United States Air Force, and his advance- pursuant to the Federal Vacancies Reform ment to the grade of general on the retired Act of 1998; to the Committee on Govern- Jeff Trandahl, Clerk of the House re- list; to the Committee on Armed Services. ment Reform. ports that on July 1, 2005 he presented 2562. A letter from the Under Secretary for 2573. A letter from the Assistant Director, to the President of the United States, Personnel and Readiness, Department of De- Executive and Political Personnel, Depart- for his approval, the following bills. fense, transmitting a letter on the approved ment of the Army, transmitting a report H.R. 120. To designate the facility of the retirement of Admiral Vernon E. Clark, pursuant to the Federal Vacancies Reform United States Postal Service located at 30777 United States Navy, and his advancement to Act of 1998; to the Committee on Govern- Rancho California Road in Temecula, Cali- the grade of admiral on the retired list; to ment Reform. fornia, as the ‘‘Dalip Singh Saund Post Of- the Committee on Armed Services. 2574. A letter from the Assistant Director, fice Building’’. 2563. A letter from the Principal Deputy Executive and Political Personnel, Depart- H.R. 289. To designate the facility of the Under Secretary for Personnel and Readi- ment of Defense, transmitting a report pur- United States Postal Service located at 8200 ness, Department of Defense, transmitting suant to the Federal Vacancies Reform Act South Vermont Avenue in Los Angeles, Cali- authorization of Captain Mark I. Fox, United of 1998; to the Committee on Government Re- fornia, as the ‘‘Sergeant First Class John States Navy, to wear the insignia of the form. Marshall Post Office Building.’’ grade of rear admiral (lower half) in accord- 2575. A letter from the Assistant Director, H.R. 324. To designate the facility of the ance with title 10, United States Code, sec- Executive and Political Personnel, Depart- United States Postal Service located at 321 tion 777; to the Committee on Armed Serv- ment of Defense, transmitting a report pur- Montgomery Road in Altamonte Springs, ices. suant to the Federal Vacancies Reform Act Florida, as the ‘‘Arthur Stacey Mastrapa 2564. A letter from the Secretary, Depart- of 1998; to the Committee on Government Re- Post Office Building’’. ment of Defense, transmitting a letter on the form. H.R. 504. To designate the facility of the approved retirement of Lieutenant General 2576. A letter from the Assistant Director, United States Postal Service located at 4960 Dennis M. McCarthy, United States Marine Executive and Political Personnel, Depart- West Washington Boulevard in Los Angeles, Corps, and his advancement to the grade of ment of Defense, transmitting a report pur- California, as the ‘‘Ray Charles Post Office lieutenant general on the retired list; to the suant to the Federal Vacancies Reform Act Building’’. Committee on Armed Services. of 1998; to the Committee on Government Re- H.R. 627. To designate the facility of the 2565. A letter from the Under Secretary for form. United States Postal Service located at 40 Acquisition, Technology and Logistics, De- 2577. A letter from the Assistant Director, Putnam Avenue in Hamden, Connecticut, as partment of Defense, transmitting certified Executive and Political Personnel, Depart- the ‘‘Linda White-Epps Post Office’’. materials supplied to the Defense Base Clo- ment of Defense, transmitting a report pur- H.R. 1072. To designate the facility of the sure and Realignment Commission, pursuant suant to the Federal Vacancies Reform Act United States Postal Service located at 151 to Public Law 101–510, section 2903(c); to the of 1998; to the Committee on Government Re- West End Street in Goliad, Texas, as the Committee on Armed Services. form. ‘‘Judge Emilio Vargas Post Office Building’’. 2566. A letter from the Assistant Legal Ad- 2578. A letter from the Assistant Director, H.R. 1082. To designate the facility of the visor for Treaty Affairs, Department of Executive and Political Personnel, Depart- United States Postal Service located at 120 State, transmitting a report prepared by the ment of Defense, transmitting a report pur- East Illinois Avenue in Vinita, Oklahoma, as Department of State concerning inter- suant to the Federal Vacancies Reform Act the ‘‘Francis C. Goodpaster Post Office national agreements other than treaties en- of 1998; to the Committee on Government Re- Building’’. tered into by the United States to be transform. H.R. 1236. To designate the facility of the mitted to the Congress within the sixty-day 2579. A letter from the Assistant Director, United States Postal Service located at 750 period specified in the Case-Zablocki Act, Executive and Political Personnel, Depart- 4th Street in Sparks, Nevada, as the ‘‘Mayor pursuant to 1 U.S.C. 112b(b); to the Com- ment of Defense, transmitting a report pur- Tony Armstrong Memorial Post Office’’. mittee on International Relations. suant to the Federal Vacancies Reform Act H.R. 1460. To designate the facility of the 2567. A letter from the Assistant Legal Ad- of 1998; to the Committee on Government Re- United States Postal Service located at 6200 visor for Treaty Affairs, Department of form. Rolling Road in Springfield, Virginia, as the State, transmitting a report prepared by the 2580. A letter from the Assistant Director, ‘‘Captain Mark Stubenhofer Post Office Department of State concerning inter- Executive and Political Personnel, Depart- Building’’. national agreements other than treaties en- ment of Defense, transmitting a report pur- H.R. 1524. To designate the facility of the tered into by the United States to be trans- suant to the Federal Vacancies Reform Act United States Postal Service located at 12433 mitted to the Congress within the sixty-day of 1998; to the Committee on Government Re- Antioch Road in Overland Park, Kansas, as period specified in the Case-Zablocki Act, form. the ‘‘Ed Eilert Post Office Building’’. pursuant to 1 U.S.C. 112b(b); to the Com- 2581. A letter from the Assistant Director, H.R. 1542. To designate the facility of the mittee on International Relations. Executive and Political Personnel, Depart- United States Postal Service located at 695 2568. A letter from the Assistant Legal Ad- ment of Defense, transmitting a report pur- Pleasant Street in New Bedford, Massachu- visor for Treaty Affairs, Department of suant to the Federal Vacancies Reform Act setts, as the ‘‘Honorable Judge George N. State, transmitting a report prepared by the of 1998; to the Committee on Government Re- Leighton Post Office Building’’. Department of State concerning inter- form.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00170 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15734 CONGRESSIONAL RECORD—HOUSE July 12, 2005 2582. A letter from the Director, Office of Agency, transmitting a report pursuant to Amendment 39-14095; AD 2005-10-18] (RIN: Human Capital Management, Department of the Federal Vacancies Reform Act of 1998; to 2120-AA64) received May 24, 2005, pursuant to Energy, transmitting a report pursuant to the Committee on Government Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on the Federal Vacancies Reform Act of 1998; to 2598. A letter from the Assistant Adminis- Transportation and Infrastructure. the Committee on Government Reform. trator, OARM, Environmental Protection 2611. A letter from the Program Analyst, 2583. A letter from the Chief Human Cap- Agency, transmitting a report pursuant to FAA, Department of Transportation, trans- ital Officer/Director, Department of Energy, the Federal Vacancies Reform Act of 1998; to mitting the Department’s final rule — Air- transmitting a report pursuant to the Fed- the Committee on Government Reform. worthiness Directives; Boeing Model 777-200 eral Vacancies Reform Act of 1998; to the 2599. A letter from the Assistant Adminis- and -300 Series Airplanes [Docket No. 2003- Committee on Government Reform. trator, OARM, Environmental Protection NM-214-AD; Amendment 39-14094; AD 2005-10- 2584. A letter from the Chief Human Cap- Agency, transmitting a report pursuant to 17] (RIN: 2120-AA64) received May 24, 2005, ital Officer/Director, Department of Energy, the Federal Vacancies Reform Act of 1998; to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting a report pursuant to the Fed- the Committee on Government Reform. mittee on Transportation and Infrastruc- eral Vacancies Reform Act of 1998; to the 2600. A letter from the Deputy Assistant ture. Committee on Government Reform. Administrator, OARM, Environmental Pro- 2612. A letter from the Program Analyst, 2585. A letter from the Chief Human Cap- tection Agency, transmitting a report pursu- FAA, Department of Transportation, trans- ital Officer/Director, Department of Energy, ant to the Federal Vacancies Reform Act of mitting the Department’s final rule — Air- transmitting a report pursuant to the Fed- 1998; to the Committee on Government Re- worthiness Directives; Boeing Model 747-100, eral Vacancies Reform Act of 1998; to the form. 747-100B, 747-200B, 747-300, 747-400, 747-400D, Committee on Government Reform. 2601. A letter from the Assistant Adminis- 747SR, and 747SP Series Airplanes [Docket 2586. A letter from the Deputy General trator, OARM, Environmental Protection No. FAA-2004-19532; Directorate Identifier Counsel for Equal Opportunity and Adminis- Agency, transmitting a report pursuant to 2004-NM-87-AD; Amendment 39-14096; AD 2005-10-19] (RIN: 2120-AA64) received May 24, trative Law, Department of Housing and the Federal Vacancies Reform Act of 1998; to 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Urban Development, transmitting a report the Committee on Government Reform. Committee on Transportation and Infra- pursuant to the Federal Vacancies Reform 2602. A letter from the Assistant Adminis- structure. Act of 1998; to the Committee on Govern- trator, OARM, Environmental Protection 2613. A letter from the Program Analyst, ment Reform. Agency, transmitting a report pursuant to FAA, Department of Transportation, trans- 2587. A letter from the Deputy General the Federal Vacancies Reform Act of 1998; to mitting the Department’s final rule — Air- Counsel for Equal Opportunity and Adminis- the Committee on Government Reform. worthiness Directives; Boeing Model 777-200 trative Law, Department of Housing and 2603. A letter from the Counsel to the In- Series Airplanes [Docket No. FAA-2004-19998; Urban Development, transmitting a report spector General, General Services Adminis- Directorate Identifier 2004-NM-224-AD; pursuant to the Federal Vacancies Reform tration, transmitting a report pursuant to Amendment 39-14097; AD 2005-10-20] (RIN: Act of 1998; to the Committee on Govern- the Federal Vacancies Reform Act of 1998; to 2120-AA64) received May 24, 2005, pursuant to ment Reform. the Committee on Government Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on 2588. A letter from the Deputy General 2604. A letter from the Chairman, National Transportation and Infrastructure. Counsel for Equal Opportunity and Adminis- Labor Relations Board, transmitting a re- 2614. A letter from the Program Analyst, trative Law, Department of Housing and port pursuant to the Federal Vacancies Re- FAA, Department of Transportation, trans- Urban Development, transmitting a report form Act of 1998; to the Committee on Gov- mitting the Department’s final rule — Air- pursuant to the Federal Vacancies Reform ernment Reform. worthiness Directives; Rolls-Royce Corpora- Act of 1998; to the Committee on Govern- 2605. A letter from the Secretary, Postal tion (formerly Allison Engine Company) 250- ment Reform. Rate Commission, transmitting a report pur- B17B, -B17C, -B17D, -B17E, -C20, -C20B, -C20F, 2589. A letter from the Assistant Secretary suant to the Federal Vacancies Reform Act C20J, -C20S, and -C20W Turboprop and Turbo- for Administration and Management, De- of 1998; to the Committee on Government Re- shaft Engines [Docket No. FAA-2004-19648; partment of Labor, transmitting a report form. Directorate Identifier 2004-NE-31-AD; pursuant to the Federal Vacancies Reform 2606. A letter from the Administrator, Amendment 39-14090; AD 2005-10-13] (RIN: Act of 1998; to the Committee on Govern- Small Business Administration, transmit- 2120-AA64) received May 24, 2005, pursuant to ment Reform. ting a report pursuant to the Federal Vacan- 5 U.S.C. 801(a)(1)(A); to the Committee on 2590. A letter from the Attorney Advisor, cies Reform Act of 1998; to the Committee on Transportation and Infrastructure. Department of Transportation, transmitting Government Reform. 2615. A letter from the Program Analyst, a report pursuant to the Federal Vacancies 2607. A letter from the Assistant Secretary FAA, Department of Transportation, trans- Reform Act of 1998; to the Committee on for Civil Works, Department of the Army, mitting the Department’s final rule — Air- Government Reform. transmitting recommendations for modifica- worthiness Directives; Boeing Model 737-300, 2591. A letter from the Attorney Advisor, tion of the flood damage reduction project at -400, and -500 Series Airplanes [Docket No. Department of Transportation, transmitting Centralia, Washington; to the Committee on FAA-2004-19531; Directorate Identifier 2004- a report pursuant to the Federal Vacancies Transportation and Infrastructure. NM-45-AD; Amendment 39-14088; AD 2005-10- Reform Act of 1998; to the Committee on 2608. A letter from the Program Analyst, 11] (RIN: 2120-AA64) received May 24, 2005, Government Reform. FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2592. A letter from the Attorney Advisor, mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- Department of Transportation, transmitting worthiness Directives; General Electric (GE) ture. a report pursuant to the Federal Vacancies CF6-80E1 Series Turbofan Engines [Docket 2616. A letter from the Program Analyst, Reform Act of 1998; to the Committee on No. FAA-2005-21238; Directorate Identifier FAA, Department of Transportation, trans- Government Reform. 2005-NE-12-AD; Amendment 39-14093; AD 2005- mitting the Department’s final rule — Air- 2593. A letter from the Attorney Advisor, 10-16] (RIN: 2120-AA64) received May 24, 2005, worthiness Directives; Airbus Model A300 B4- Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 600, B4-600R, and F4-600R Series Airplanes, a report pursuant to the Federal Vacancies mittee on Transportation and Infrastruc- and Model C4-605R Variant F Airplanes (Col- Reform Act of 1998; to the Committee on ture. lectively Called A300-600 Series Airplanes); Government Reform. 2609. A letter from the Program Analyst, and Model A310 Series Airplanes [Docket No. 2594. A letter from the Assistant Adminis- FAA, Department of Transportation, trans- FAA-2005-20625; Directorate Identifier 2003- trator, OARM, Environmental Protection mitting the Department’s final rule — Air- NM-148-AD; Amendment 39-14092; AD 2005-10- Agency, transmitting a report pursuant to worthiness Directives; Boeing Model 747 Air- 15] (RIN: 2120-AA64) received May 24, 2005, the Federal Vacancies Reform Act of 1998; to planes [Docket No. FAA-2004-19538; DIrec- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Government Reform. torate Identifier 2003-NM-99-AD; Amendment mittee on Transportation and Infrastruc- 2595. A letter from the Assistant Adminis- 39-14098; AD 2005-10-21] (RIN: 2120-AA64) re- ture. trator, OARM, Environmental Protection ceived May 24, 2005, pursuant to 5 U.S.C. 2617. A letter from the Program Analyst, Agency, transmitting a report pursuant to 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- the Federal Vacancies Reform Act of 1998; to tation and Infrastructure. mitting the Department’s final rule — Air- the Committee on Government Reform. 2610. A letter from the Program Analyst, worthiness Directives; Schweizer Aircraft 2596. A letter from the Assistant Adminis- FAA, Department of Transportation, trans- Corporation Model 269C, C-1, and D Heli- trator, OARM, Environmental Protection mitting the Department’s final rule — Air- copters [Docket No. FAA-2005-21217; Direc- Agency, transmitting a report pursuant to worthiness Directives; Boeing Model 747-100, torate Identifier 2005-SW-06-AD; Amendment the Federal Vacancies Reform Act of 1998; to -100B, -100B SUD, -200B, -200C, -300, -400, and 39-14089; AD 2005-10-12] (RIN: 2120-AA64) re- the Committee on Government Reform. -400D Series Airplanes; and Model 747SR Se- ceived May 24, 2005, pursuant to 5 U.S.C. 2597. A letter from the Assistant Adminis- ries Airplanes [Docket No. FAA-2004-19796; 801(a)(1)(A); to the Committee on Transpor- trator, OARM, Environmental Protection Directorate Identifier 2004-NM-61-AD; tation and Infrastructure.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00171 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—HOUSE 15735 2618. A letter from the Program Analyst, 2120-AA64) received April 19, 2005, pursuant 2633. A letter from the Program Analyst, FAA, Department of Transportation, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, transmitting the Department’s final rule — Air- Transportation and Infrastructure. mitting the Department’s final rule — Air- worthiness Directives; Eurocopter France 2626. A letter from the Program Analyst, worthiness Directives; the Cessna Aircraft Model AS355E, F, F1, F2, and N Helicopters FAA, Department of Transportation, trans- Company Models 208 and 208B Airplanes [Docket No. FAA-2005-20293; Directorate mitting the Department’s final rule — Air- [Docket. No. FAA-2005-20514; Directorate Identifier 2004-SW-34-AD; Amendment 39- worthiness Directives; Boeing Model 737-100, Identifier 2005-CE-08-AD; Amendment 39- 14091; AD 2005-10-14] (RIN: 2120-AA64) received -200, -200C, -300, -400, and -500 Series Air- 14025; AD 2005-07-01] (RIN: 2120-AA64) received May 24, 2005, pursuant to 5 U.S.C. planes [Docket No. FAA-2004-18997; Direc- April 19, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- torate Identifier 2004-NM-19-AD; Amendment 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. 39-14036; AD 2005-07-12] (RIN: 2120-AA64) re- tation and Infrastructure. 2619. A letter from the Program Analyst, ceived April 19, 2005, pursuant to 5 U.S.C. 2634. A letter from the Program Analyst, FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, transmitting the Department’s final rule — Air- tation and Infrastructure. mitting the Department’s final rule — Air- worthiness Directives; Fokker Model F.28 2627. A letter from the Program Analyst, worthiness Directives; Hartzell Propeller Series Airplanes [Docket No. FAA-2005-20594; FAA, Department of Transportation, trans- Inc. (formerly TRW Hartzell Propeller) Mod- Directorate Identifier 2004-NM-213-AD; mitting the Department’s final rule — Air- els HC-B3TN-2, HC-B3TN-3, HC-B3TN-5, HC- Amendment 39-14084; AD 2005-10-07] (RIN: worthiness Directives; Boeing Model 767-300 B4TN-3, HC-B4TN-5, HC-B4MN-5, and HC- 2120-AA64) received May 24, 2005, pursuant to and -400ER Series Airplanes [Docket No. B5MP-3 Turbopropellers [Docket No. 83-ANE- 5 U.S.C. 801(a)(1)(A); to the Committee on FAA-2004-19989; Directorate Identifier 2004- 14-AD; Amendment 39-14043; AD 83-08-01R2] Transportation and Infrastructure. NM-151-AD; Amendment 39-14037; AD 2005-07- (RIN: 2120-AA64) received April 19, 2005, pur- 2620. A letter from the Program Analyst, 13] (RIN: 2120-AA64) received April 19, 2005, suant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- mittee on Transportation and Infrastruc- mitting the Department’s final rule — Air- ture. ture. 2635. A letter from the Program Analyst, worthiness Directives; Bombardier Model 2628. A letter from the Program Analyst, DHC-8-102, -103, -106, -201, -202, -301, -311, and FAA, Department of Transportation, trans- FAA, Department of Transportation, transmitting the Department’s final rule — Air- -315 Airplanes [Docket No. FAA-2005-20481; mitting the Department’s final rule — Air- Directorate Identifier 2004-NM-183-AD; worthiness Directives; General Electric Com- worthiness Directives; Boeing Model 737-100, pany CF34-8E Series Turbofan Engines Amendment 39-14085; AD 2005-10-08] (RIN: -200, -200C, -300, -400, -500 Series Airplanes 2120-AA64) received May 24, 2005, pursuant to [Docket No. 2004-NE-06-AD; Amendment 39- [Docket No. FAA-2004-19003; Directorate 14033; AD 2005-07-09] (RIN: 2120-AA64) received 5 U.S.C. 801(a)(1)(A); to the Committee on Identifier 2003-NM-245-AD; Amendment 39- Transportation and Infrastructure. April 19, 2005, pursuant to 5 U.S.C. 14044; AD 2005-07-19] (RIN: 2120-AA64) received 801(a)(1)(A); to the Committee on Transpor- 2621. A letter from the Program Analyst, April 19, 2005, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 2636. A letter from the Secretary, Depart- mitting the Department’s final rule — Air- tation and Infrastructure. worthiness Directives; Saab Model SAAB ment of Health and Human Services, trans- 2629. A letter from the Program Analyst, mitting the Department’s Annual Report On SF340A and SAAB 340B Series Airplanes FAA, Department of Transportation, trans- [Docket No. FAA-2005-20596; Directorate Child Welfare Outcomes 2002, pursuant to mitting the Department’s final rule — Air- Public Law 105–89, section 203(a) (111 Stat. Identifier 2004-NM-113-AD; Amendment 39- worthiness Directives; Boeing Model 737-600, 14086; AD 2005-10-09] (RIN: 2120-AA64) received 2127); to the Committee on Ways and Means. -700, -800, and -900 Series Airplanes [Docket 2637. A letter from the Chairman, Medicare May 24, 2005, pursuant to 5 U.S.C. No. FAA-2004-19986; Directorate Identifier Payment Advisory Commission, transmit- 801(a)(1)(A); to the Committee on Transpor- 2004-NM-247-AD; Amendment 39-14045; AD ting a copy of the Commission’s ‘‘June 2005 tation and Infrastructure. 2005-07-20] (RIN: 2120-AA64) received April 19, Report to the Congress: Issues in a Modern- 2622. A letter from the Program Analyst, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the ized Medicare Program’’; jointly to the Com- FAA, Department of Transportation, trans- Committee on Transportation and Infra- mittees on Energy and Commerce and Ways mitting the Department’s final rule — Air- structure. and Means. worthiness Directives; Bombardier Model 2630. A letter from the Program Analyst, CL-600-2B19 (Regional Jet Series 100 & 440) FAA, Department of Transportation, trans- f Airplanes [Docket No. FAA-2005-21204; Direc- mitting the Department’s final rule — Air- REPORTS OF COMMITTEES ON torate Identifier 2005-NM-078-AD; Amend- worthiness Directives; Bombardier Model PUBLIC BILLS AND RESOLUTIONS ment 39-14087; AD 2005-10-10] (RIN: 2120-AA64) CL-600-2B19 (Regional Jet Series 100 & 440) received May 24, 2005, pursuant to 5 U.S.C. Airplanes [Docket No. FAA-2004-19761; Direc- Under clause 2 of rule XIII, reports of 801(a)(1)(A); to the Committee on Transpor- torate Identifier 2003-NM-167-AD; Amend- committees were delivered to the Clerk tation and Infrastructure. ment 39-14039; AD 2005-07-15] (RIN: 2120-AA64) for printing and reference to the proper 2623. A letter from the Program Analyst, received April 19, 2005, pursuant to 5 U.S.C. calendar, as follows: FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- Mr. TOM DAVIS of Virginia: Committee on mitting the Department’s final rule — Air- tation and Infrastructure. Government Reform. H.R. 2385. A bill to worthiness Directives; Boeing Model 767- 2631. A letter from the Program Analyst, make permanent the authority of the Sec- 400ER, 777-200, and 777-300 Series Airplanes FAA, Department of Transportation, trans- retary of Commerce to conduct the quarterly [Docket No. FAA-2005-20026; Directorate mitting the Department’s final rule — Air- financial report program; with amendments Identifier 2004-NM-150-AD; Amendment 39- worthiness Directives; Empresa Brasileira de (Rept. 109–164). Referred to the Committee of 14040; AD 2005-07-16] (RIN: 2120-AA64) received Aeronautica S.A. (EMBRAER) Model ERJ the Whole House on the State of the Union. April 19, 2005, pursuant to 5 U.S.C. 170 Series Airplanes [Docket No. FAA-2005- Mr. HYDE: Committee on International 801(a)(1)(A); to the Committee on Transpor- 20883; Directorate Identifier 2005-NM-064-AD; Relations. H.R. 3100. A bill to authorize tation and Infrastructure. Amendment 39-14047; AD 2005-07-22] (RIN: measures to determine arms transfers by for- 2624. A letter from the Program Analyst, 2120-AA64) received April 19, 2005, pursuant eign countries to the People’s Republic of FAA, Department of Transportation, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on China (Rept. 109–165). Referred to the Com- mitting the Department’s final rule — Air- Transportation and Infrastructure. mittee of the Whole House on the State of worthiness Directives; Airbus Model A318, 2632. A letter from the Program Analyst, the Union. A319, A320, and A321 Series Airplanes [Dock- FAA, Department of Transportation, trans- et No. FAA-2004-19762; Directorate Identifier mitting the Department’s final rule — Air- f 2004-NM-168-AD; Amendment 39-14038; AD worthiness Directives; McDonnell Douglas PUBLIC BILLS AND RESOLUTIONS 2005-07-14] (RIN: 2120-AA64) received April 19, Model DC-9-15F Airplanes Modified in Ac- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the cordance With Supplemental Type Certifi- Under clause 2 of rule XII, public Committee on Transportation and Infra- cate (STC) SA1993SO; and Model DC-9-10, DC- bills and resolutions were introduced structure. 9-20, DC-9-30, DC-9-40, and DC-9-50 Series Air- and severally referred, as follows: 2625. A letter from the Program Analyst, planes in All-Cargo Configuration, Equipped By Mr. SHADEGG (for himself and Mr. FAA, Department of Transportation, trans- With a Main-Deck Cargo Door [Docket No. TOWNS): mitting the Department’s final rule — Air- FAA-2004-18561; Directorate Identifier 2004- H.R. 3204. A bill to amend title XXVII of worthiness Directives; Bombardier Model NM-13-AD; Amendment 39-14042; AD 2005-07- the Public Health Service Act to extend Fed- DHC-8-102, -103, -106, -201, -202, -301, -311, and 18] (RIN: 2120-AA64) received April 19, 2005, eral funding for the establishment and oper- -315 Airplanes [Docket No. FAA-2005-20222; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ation of State high risk health insurance Directorate Identifier 2004-NM-230-AD; mittee on Transportation and Infrastruc- pools; to the Committee on Energy and Com- Amendment 39-14041; AD 2005-07-17] (RIN: ture. merce.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00172 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15736 CONGRESSIONAL RECORD—HOUSE July 12, 2005 By Mr. BILIRAKIS (for himself, Mr. By Mr. BUYER: By Mr. BUYER: DEAL of Georgia, Mr. BROWN of Ohio, H.R. 3219. A bill to reduce temporarily the H.R. 3239. A bill to extend the temporary and Mr. WAXMAN): duty on Cyhalofop; to the Committee on suspension of duty on halofenozide; to the H.R. 3205. A bill to amend title IX of the Ways and Means. Committee on Ways and Means. Public Health Service Act to provide for the By Mr. BUYER: By Mr. BUYER: improvement of patient safety and to reduce H.R. 3220. A bill to suspend temporarily the H.R. 3240. A bill to extend the temporary the incidence of events that adversely affect duty on parachlorobenzotrifluoride; to the suspension of duty on methoxyfenozide; to patient safety, and for other purposes; to the Committee on Ways and Means. the Committee on Ways and Means. Committee on Energy and Commerce. By Mr. BUYER: By Mr. BUYER: By Mr. MCHENRY (for himself, Mr. H.R. 3221. A bill to suspend temporarily the H.R. 3241. A bill to reduce temporarily the TOWNS, Mr. GILLMOR, Mr. KING of duty on mixtures of insecticide; to the Com- duty on myclobutanil; to the Committee on New York, and Mr. SAM JOHNSON of mittee on Ways and Means. Ways and Means. Texas): By Mr. BUYER: By Mr. BUYER: H.R. 3206. A bill to amend the Federal H.R. 3222. A bill to extend the temporary H.R. 3242. A bill to extend the temporary Credit Union Act provisions relating to any suspension of duty on 2,6-Dichloro aniline; to suspension of duty on propanil; to the Com- conversion of a credit union charter to a mu- the Committee on Ways and Means. mittee on Ways and Means. tual savings bank or savings association By Mr. BUYER: By Mr. BUYER: H.R. 3223. A bill to suspend temporarily the charter, and for other purposes; to the Com- H.R. 3243. A bill to extend the temporary duty on a certain mixture of fungicide; to mittee on Financial Services. suspension of duty on propiconazole; to the the Committee on Ways and Means. By Mr. FITZPATRICK of Pennsyl- Committee on Ways and Means. By Mr. BUYER: vania: By Mr. BUYER: H.R. 3224. A bill to suspend temporarily the H.R. 3244. A bill to extend the temporary H.R. 3207. A bill to direct the Adminis- duty on 1,2-Benzisothiazol-3(2H)-one (9CI); to suspension of duty on quinoline; to the Com- trator of the Small Business Administration the Committee on Ways and Means. mittee on Ways and Means. to establish a pilot program to make grants By Mr. BUYER: By Mr. BUYER: to eligible entities for the development of H.R. 3225. A bill to extend the temporary H.R. 3245. A bill to reduce temporarily the peer learning opportunities for second-stage suspension of duty on 3, 4- duty on fluoroxypyr; to the Committee on small business concerns; to the Committee Dichlorobenzonitrile; to the Committee on Ways and Means. on Small Business. Ways and Means. By Mr. BUYER: By Mr. JINDAL (for himself, Mr. WEI- By Mr. BUYER: H.R. 3246. A bill to extend the temporary NER, and Mr. SOUDER): H.R. 3226. A bill to suspend temporarily the suspension of duty on tebufenozide; to the H.R. 3208. A bill to amend the Robert T. duty on Styrene, ar-ethyl-, polymer with Committee on Ways and Means. Stafford Disaster Relief and Emergency As- divinylbenzene and styrene (6CI) beads with By Mr. BUYER: sistance Act to clarify that the religious sta- low ash; to the Committee on Ways and H.R. 3247. A bill to extend the temporary tus of a private nonprofit facility does not Means. suspension of duty on mixed isomers of 1,3- preclude the facility from receiving assist- By Mr. BUYER: dichloropropene; to the Committee on Ways ance under the Act; to the Committee on H.R. 3227. A bill to suspend temporarily the and Means. Transportation and Infrastructure. duty on 1,2-Benzisothiazol-3(2H)-one (9CI); to By Mr. FERGUSON (for himself, Mr. By Mr. BRADLEY of New Hampshire: the Committee on Ways and Means. LANGEVIN, Mr. TERRY, Mr. NORWOOD, H.R. 3209. A bill to amend title 38, United By Mr. BUYER: Mrs. WILSON of New Mexico, and Mr. States Code, to add nasopharyngeal cancer H.R. 3228. A bill to extend the temporary BROWN of Ohio): to the statutorily prescribed presumptive suspension of duty on DEPCT; to the Com- H.R. 3248. A bill to amend the Public diseases associated with exposure to Agent mittee on Ways and Means. Health Service Act to establish a program to Orange during military service in Vietnam; By Mr. BUYER: assist family caregivers in accessing afford- to the Committee on Veterans’ Affairs. H.R. 3229. A bill to reduce temporarily the able and high-quality respite care, and for By Mr. BUYER: duty on trifluralin; to the Committee on other purposes; to the Committee on Energy H.R. 3210. A bill to extend the temporary Ways and Means. and Commerce. suspension of duty on 3-Amino-5-mercapto- By Mr. BUYER: By Mr. GOODE: 1,2,4-triazole; to the Committee on Ways and H.R. 3230. A bill to extend the temporary H.R. 3249. A bill to amend title II of the So- Means. suspension of duty on 1,2- cial Security Act to eliminate reconsider- By Mr. BUYER: Benzenedicarboxaldehyde; to the Committee ation as an intervening step between initial H.R. 3211. A bill to extend the temporary on Ways and Means. benefit entitlement decisions and subsequent suspension of duty on g748_bromo- By Mr. BUYER: hearings on the record on such decisions; to H.R. 3231. A bill to extend the temporary g748_nitrostyrene; to the Committee on the Committee on Ways and Means. suspension of duty on DMDS; to the Com- Ways and Means. By Mr. GORDON (for himself, Mr. mittee on Ways and Means. By Mr. BUYER: UDALL of Colorado, Mr. AL GREEN of By Mr. BUYER: H.R. 3212. A bill to the temporary suspen- Texas, Mr. MILLER of North Carolina, H.R. 3232. A bill to suspend temporarily the sion of duty on asulam sodium salt; to the Mr. COSTELLO, Ms. EDDIE BERNICE duty on mixtures of fungicide; to the Com- Committee on Ways and Means. JOHNSON of Texas, Ms. HOOLEY, Mr. mittee on Ways and Means. By Mr. BUYER: HONDA, Mr. DAVIS of Tennessee, Ms. H.R. 3213. A bill to extend the temporary By Mr. BUYER: H.R. 3233. A bill to extend the suspension of JACKSON-LEE of Texas, Mr. BAIRD, suspension of duty on diiodomethyl-p- duty on trifluralin; to the Committee on Mr. MATHESON, Mr. COSTA, Mr. tolylsulfone; to the Committee on Ways and Ways and Means. MOORE of Kansas, Mr. CARNAHAN, Mr. Means. By Mr. BUYER: MELANCON, Mr. SHERMAN, Mr. WU, By Mr. BUYER: H.R. 3234. A bill to extend the temporary Mr. LIPINSKI, and Ms. WOOLSEY): H.R. 3214. A bill to extend the temporary suspension of duty on 1,3-Dimethyl-2- H.R. 3250. A bill to authorize appropriation suspension of duty on 2-Propenoic acid, poly- imidazolidinone; to the Committee on Ways for the National Aeronautics and Space Ad- mer with diethenylbenzene; to the Com- and Means. ministration, and for other purposes; to the mittee on Ways and Means. By Mr. BUYER: Committee on Science. By Mr. BUYER: H.R. 3235. A bill to suspend temporarily the By Ms. HARRIS (for herself, Mr. MACK, H.R. 3215. A bill to suspend temporarily the duty on 2-Methyl-4-chlorophenoxyacetic Mr. MILLER of Florida, Mr. BILIRAKIS, duty on ADTP; to the Committee on Ways acid; to the Committee on Ways and Means. Ms. GINNY BROWN-WAITE of Florida, and Means. By Mr. BUYER: Mr. LINCOLN DIAZ-BALART of Florida, By Mr. BUYER: H.R. 3236. A bill to reduce temporarily the Mr. MARIO DIAZ-BALART of Florida, H.R. 3216. A bill to extend the temporary duty on certain mixtures of florasulam; to Mr. FOLEY, Mr. KELLER, Ms. ROS- suspension of duty on Benfluralin; to the the Committee on Ways and Means. LEHTINEN, Mr. YOUNG of Florida, Mr. Committee on Ways and Means. By Mr. BUYER: SHAW, Mr. PUTNAM, Mr. CRENSHAW, By Mr. BUYER: H.R. 3237. A bill to suspend temporarily the Mr. STEARNS, Mr. HASTINGS of Flor- H.R. 3217. A bill to suspend temporarily the duty on 2-Methyl-4-chlorophenoxy-acetic ida, Mr. FEENEY, Ms. WASSERMAN duty on DCBTF; to the Committee on Ways acid, di-methylamine salt; to the Committee SCHULTZ, and Mr. MEEK of Florida): and Means. on Ways and Means. H.R. 3251. A bill to permanently prohibit By Mr. BUYER: By Mr. BUYER: the conduct of offshore drilling on the outer H.R. 3218. A bill to suspend temporarily the H.R. 3238. A bill to extend the temporary Continental Shelf off the State of Florida, duty on Noviflumuron; to the Committee on suspension of duty on isoxaben; to the Com- and for other purposes; to the Committee on Ways and Means. mittee on Ways and Means. Resources.

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By Mr. JEFFERSON (for himself, Ms. strictions on remittances, gift parcels, and ida, Mr. OBERSTAR, Mr. CLAY, Mr. RANGEL, GINNY BROWN-WAITE of Florida, Mr. family travel to Cuba to allow Cuban-Ameri- Mr. WILSON of South Carolina, and Ms. HART. SNYDER, and Mr. BOUSTANY): cans to assist their relatives in Cuba in the H.R. 164: Mr. WEXLER. H.R. 3252. A bill to amend the definition of aftermath of Hurricane Dennis; to the Com- H.R. 197: Mr. MCCOTTER. independent student for purposes of the need mittee on International Relations. H.R. 202: Mr. WAXMAN and Mr. HINCHEY. analysis in the Higher Education Act of 1965 By Ms. WOOLSEY (for herself, Ms. H.R. 215: Mr. PICKERING, Mr. MCGOVERN, to include older adopted students; to the PELOSI, Mr. MCDERMOTT, Mr. LYNCH, Mr. SHIMKUS, and Mr. SHAW. Committee on Education and the Workforce. Ms. JACKSON-LEE of Texas, Mrs. H.R. 225: Mr. KENNEDY of Minnesota. By Mr. MENENDEZ (for himself, Mr. JONES of Ohio, Mr. LANTOS, Ms. H.R. 226: Mr. MOORE of Kansas. OWENS, Mr. GRIJALVA, Mr. STARK, ESHOO, Ms. SOLIS, Mr. GRIJALVA, Mr. H.R. 269: Mr. JINDAL. and Mr. LIPINSKI): FILNER, Mr. NEAL of Massachusetts, H.R. 281: Mr. MARSHALL, Mr. WESTMORE- H.R. 3253. A bill to study and improve the Mr. BISHOP of Georgia, and Mr. LAND, and Mr. KINGSTON. air quality inside school buses, and for other BRADY of Pennsylvania): H.R. 282: Mr. ALLEN, Mr. TIAHRT, Mr. purposes; to the Committee on Energy and H. Con. Res. 207. Concurrent resolution ex- SCHWARZ of Michigan, Ms. PRYCE of Ohio, Commerce, and in addition to the Committee pressing the sense of the Congress that a Ms. MOORE of Wisconsin, Mr. GIBBONS, and on Education and the Workforce, for a period commemorative postage stamp should be Mr. RUPPERSBERGER. to be subsequently determined by the Speak- issued depicting the Lone Sailor Memorial, H.R. 301: Mr. WESTMORELAND. er, in each case for consideration of such pro- located by the Golden Gate Bridge; to the H.R. 314: Mr. RADANOVICH. visions as fall within the jurisdiction of the Committee on Government Reform. H.R. 335: Mr. FATTAH. committee concerned. By Mr. HYDE (for himself and Mr. LAN- H.R. 376: Mr. MELANCON, Mr. WYNN, Mr. By Mr. MENENDEZ (for himself, Ms. TOS): DOGGETT, and Ms. SCHAKOWSKY. ROS-LEHTINEN, Mr. BRADY of Penn- H. Res. 356. A resolution condemning in the H.R. 414: Mr. MCGOVERN, Mr. CALVERT, Ms. sylvania, Ms. DELAURO, Mr. MCNUL- strongest terms the terrorist attacks in Lon- JACKSON-LEE of Texas, Mr. FILNER, Mr. KEN- TY, Mr. BOUSTANY, Mr. RANGEL, Ms. don, England, on July 7, 2005; to the Com- NEDY of Minnesota, Ms. ESHOO, and Mr. KIND. H.R. 415: Mr. HINOJOSA, Mr. TOM DAVIS of WASSERMAN SCHULTZ, Mr. WEXLER, mittee on International Relations. Virginia, Mr. PICKERING, Ms. ESHOO, and Mr. and Mr. OWENS): By Ms. GINNY BROWN-WAITE of Flor- ENGLISH of Pennsylvania. H.R. 3254. A bill to provide funding and in- ida (for herself and Ms. SOLIS): centives for caregiver support and long-term H. Res. 357. A resolution honoring Justice H.R. 445: Mr. COBLE. care assistance; to the Committee on Ways Sandra Day O’Connor; to the Committee on H.R. 466: Mr. DENT. H.R. 478: Mr. ACKERMAN, Ms. WASSERMAN and Means, and in addition to the Committee the Judiciary. SCHULTZ, and Ms. LINDA T. SA´ NCHEZ of Cali- on Education and the Workforce, for a period By Mr. FOSSELLA (for himself, Mr. fornia. to be subsequently determined by the Speak- PASCRELL, Mr. KING of New York, and H.R. 503: Mr. WOLF. er, in each case for consideration of such pro- Mr. MCNULTY): H.R. 551: Ms. PELOSI, Mr. ROTHMAN, and visions as fall within the jurisdiction of the H. Res. 358. A resolution expressing thanks Mr. HOLT. committee concerned. to the people of the city of Rome for wel- H.R. 562: Mr. TANCREDO, Ms. WATSON, and By Mrs. MILLER of Michigan (for her- coming several million people into Rome and Mr. CROWLEY. self and Mr. SOUDER): Vatican City during the funeral observances H.R. 602: Mr. LINCOLN DIAZ-BALART of Flor- H.R. 3255. A bill to direct the Secretary of of Pope John Paul II in April 2005; to the ida. Labor to update an Occupational Safety and Committee on International Relations. H.R. 670: Mr. SMITH of New Jersey. Health Administration fire protection safety By Mr. PRICE of Georgia: H.R. 676: Ms. SOLIS. standard to incorporate the current con- H. Res. 359. A resolution expressing the H.R. 759: Mr. NEAL of Massachusetts, Ms. sensus standard for fire protection for sty- condolences of the House of Representatives MILLENDER-MCDONALD, and Mr. CARNAHAN. rene cross-linked composites manufacturing; to the victims, their families and friends, H.R. 772: Mr. AL GREEN of Texas, Mr. ALEX- to the Committee on Education and the and the people of the United Kingdom for the ANDER, and Mr. WOLF. Workforce. loss suffered during the terrorist attacks in H.R. 783: Mrs. JONES of Ohio, Mr. KAN- By Mr. MURPHY: London on July 7, 2005; to the Committee on JORSKI, and Mr. STARK. H.R. 3256. A bill to designate the facility of International Relations. H.R. 822: Ms. LINDA T. SA´ NCHEZ of Cali- the United States Postal Service located at By Mr. STEARNS (for himself, Mr. fornia. 3038 West Liberty Avenue in Pittsburgh, DUNCAN, Mr. WILSON of South Caro- H.R. 827: Mr. SHAW. Pennsylvania, as the ‘‘Congressman James lina, Mr. BURTON of Indiana, Mr. H.R. 857: Mr. PAYNE, Mr. KUCINICH, Mr. Grove Fulton Memorial Post Office Build- FEENEY, and Mr. EVANS): CROWLEY, and Ms. BERKLEY. ing’’; to the Committee on Government Re- H. Res. 360. A resolution commemorating H.R. 880: Ms. HERSETH. form. the 60th anniversary of V-J Day and the end H.R. 910: Mr. GRIJALVA. By Mr. OLVER: of World War II in the Pacific; to the Com- H.R. 939: Mr. EVANS. H.R. 3257. A bill to suspend temporarily the mittee on International Relations, and in ad- H.R. 968: Mrs. JONES of Ohio, Mr. GIBBONS, duty on biaxially oriented polypropylene di- dition to the Committee on Armed Services, Mr. ROTHMAN, Mr. PASTOR, Mr. ACKERMAN, electric film; to the Committee on Ways and for a period to be subsequently determined and Mr. ALEXANDER. Means. by the Speaker, in each case for consider- H.R. 997: Mr. WELDON of Pennsylvania. By Mr. OLVER: ation of such provisions as fall within the ju- H.R. 1020: Mr. TIBERI. H.R. 3258. A bill to suspend temporarily the risdiction of the committee concerned. H.R. 1029: Mr. BERMAN, Mr. RUPPERS- duty on biaxially oriented polyethylene f BERGER, Mrs. NAPOLITANO, and Mr. REYES. terephthalate dielectric film; to the Com- H.R. 1048: Mr. CARNAHAN. mittee on Ways and Means. PRIVATE BILLS AND H.R. 1105: Mr. MOORE of Kansas. By Mr. RYAN of Ohio: RESOLUTIONS H.R. 1124: Mr. MCNULTY. H.R. 3259. A bill to amend the Higher Edu- H.R. 1153: Mrs. MCCARTHY, Mr. ACKERMAN, Under clause 3 of rule XII, cation Act of 1965 to establish a demonstra- and Mr. HINOJOSA. tion program to support college and univer- Mr. PASTOR introduced a bill (H.R. 3261) H.R. 1155: Mr. SHAYS and Mr. CARNAHAN. sity communities that wish to expand their for the relief of Luis Nava, Yuliana H.R. 1182: Ms. DELAURO. book store services and savings for students Huicochea, Oscar Corona, and Jaime H.R. 1184: Ms. DELAURO. through the creation of course material rent- Damian; which was referred to the Com- H.R. 1194: Ms. BORDALLO. al programs; to the Committee on Education mittee on the Judiciary. H.R. 1229: Mr. AKIN. and the Workforce. f H.R. 1241: Mr. DAVIS of Kentucky and Mr. By Mr. SABO: CONYERS. H.R. 3260. A bill to amend the Internal Rev- ADDITIONAL SPONSORS H.R. 1246: Mrs. MALONEY, Mr. DICKS, Mr. enue Code of 1986 to deny employers a deduc- Under clause 7 of rule XII, sponsors BRADY of Texas, Mr. DOYLE, Mr. HONDA, Mr. tion for payments of excessive compensa- BRADY of Pennsylvania, and Mr. FARR. tion; to the Committee on Ways and Means. were added to public bills and resolu- H.R. 1259: Mr. AL GREEN of Texas, Mr. By Mr. SERRANO (for himself, Mr. tions as follows: JACKSON of Illinois, Ms. JACKSON-LEE of DELAHUNT, Mr. GRIJALVA, Ms. EDDIE H.R. 63: Mr. GEORGE MILLER of California. Texas, Mr. CLAY, Mr. RUSH, Mr. THOMPSON of BERNICE JOHNSON of Texas, Ms. LEE, H.R. 147: Mr. BACHUS, Mr. BRADY of Penn- Mississippi, Mr. DAVIS of Illinois, Ms. NOR- and Mr. MCDERMOTT): sylvania, and Mr. MCCAUL of Texas. TON, Mr. JEFFERSON, Ms. WATSON, Ms. KIL- H. Con. Res. 206. Concurrent resolution ex- H.R. 151: Mr. SALAZAR. PATRICK of Michigan, Mr. WYNN, Ms. MOORE pressing the sense of the Congress that the H.R. 156: Mr. KILDEE, Mr. GREEN of Wis- of Wisconsin, Ms. MCKINNEY, and Ms. President should temporarily suspend re- consin, Mr. OSBORNE, Mr. HASTINGS of Flor- WATERS.

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H.R. 1273: Mr. FLAKE. H.R. 2317: Mr. RENZI and Mr. KING of New H.R. 3050: Mr. MARSHALL. H.R. 1288: Mr. WAMP, Mr. POMEROY, and Mr. York. H.R. 3081: Mr. COSTELLO. COBLE. H.R. 2338: Ms. HERSETH. H.R. 3095: Mr. TANCREDO, Mr. ROHR- H.R. 1298: Mr. MARCHANT, Mr. COLE of H.R. 2339: Mr. SESSIONS and Mr. ROHR- ABACHER, and Mr. JONES of North Carolina. Oklahoma, Mr. JINDAL, Mr. SHAW, Mr. ABACHER. H.R. 3111: Mr. GOODE. CARDIN, Ms. LINDA T. SA´ NCHEZ of California, H.R. 2355: Mr. SHAW. H.R. 3135: Mr. TAYLOR of Mississippi, Mr. and Mr. STRICKLAND. H.R. 2357: Mr. PENCE. SHAYS, and Mr. HALL. H.R. 1305: Mr. CARNAHAN. H.R. 2389: Mr. POE and Mr. SHAW. H.R. 3143: Mr. PAUL. H.R. 1335: Mr. PAYNE, Ms. ROS-LEHTINEN, H.R. 2456: Mr. KUCINICH and Mr. GEORGE H.R. 3146: Mr. WALSH and Mr. JINDAL. and Mr. NADLER. MILLER of California. H.R. 3147: Mr. MURPHY. H. R. 1355: Mr. JENKINS. H.R. 2484: Mr. NUNES. H.R. 3157: Mr. MCCOTTER and Mr. RYAN of H.R. 1376: Mr. LARSEN of Washington. H.R. 2498: Mr. HALL, Mr. SNYDER, and Mr. Ohio. H.R. 1402: Mrs. NAPOLITANO, Mr. SULLIVAN, GORDON. H.R. 3160: Mr. MURPHY and Ms. ROYBAL- Mr. CARDIN, Mr. LANTOS, Mr. OWENS, Mrs. H.R. 2500: Mr. GEORGE MILLER of Cali- ALLARD. DAVIS of California, Mr. OLVER, Mr. CUM- fornia. H.R. 3186: Mrs. MCCARTHY. MINGS, and Mr. EMANUEL. H.R. 2513: Mr. PENCE, Mr. GREEN of Wis- H.R. 3196: Mrs. MCCARTHY. H.R. 1409: Mr. GRIJALVA, Mr. ACKERMAN, consin, and Mr. SODREL. H.J. Res. 53: Mr. PAUL. Mr. JACKSON of Illinois, Ms. HOOLEY, and Mr. H.R. 2526: Mr. MCGOVERN. H. Con. Res. 38: Mr. VAN HOLLEN and Mr. FARR. H.R. 2533: Mr. ROSS. OWENS. H.R. 1417: Mr. NUSSLE. H.R. 2564 Mr. HINOJOSA. H. Con. Res. 40: Mr. MOORE of Kansas. H.R. 1426: Mr. POMEROY. H.R. 2567: Mrs. MCCARTHY, Mr. DOYLE, Mr. H. Con. Res. 55: Mrs. JONES of Ohio. H.R. 1431: Ms. MATSUI, Mr. LEVIN, Mr. SHAYS, Mr. WOLF, Mr. MOORE of Kansas, and H. Con. Res. 59: Mr. DINGELL, Mr. ENGEL, BROWN of Ohio, and Mrs. TAUSCHER. Mr. EVANS. Ms. HERSETH, Ms. NORTON, Mr. PAYNE, Mr. H.R. 1445: Mr. MCCOTTER. H.R 2588: Mr. BOUCHER and Mrs. DRAKE. SNYDER, and Mr. MOORE of Kansas. H.R. 1471: Mr. WEXLER, and Ms. WOOLSEY. H.R. 2639: Mr. WYNN and Mr. OWENS. H. Con. Res. 128: Ms. LORETTA SANCHEZ of H.R. 1498: Mr. DINGELL, Ms. GINNY BROWN- H.R. 2662: Mr. WYNN and Ms. LINDA T. California. ´ WAITE of Florida, and Mr. SHIMKUS. SANCHEZ of California. H. Con. Res. 137: Mr. MCNULTY. H.R. 1505: Ms. HART. H.R. 2694: Mr. RUPPERSBERGER and Mr. H. Con. Res. 138: Mr. HIGGINS. H.R. 1508: Mr. BISHOP of New York. CLAY. H. Con. Res. 140: Mr. KENNEDY of Min- H.R. 1545: Mr. STRICKLAND. H.R. 2720: Mr. UDALL of New Mexico. nesota. H.R. 1554: Ms. GINNY BROWN-WAITE of Flor- H.R. 2723: Mr. STARK. H. Con. Res. 157: Mrs. MALONEY, Mr. NEAL ida, Mr. MOORE of Kansas, and Mr. GENE H.R. 2730: Mr. FOSSELLA, Mr. ROGERS of of Massachusetts, Mr. WYNN, Ms. SCHWARTZ GREEN of Texas. Michigan, and Mr. DOYLE. of Pennsylvania, Mr. KUCINICH, Mr. UDALL of H.R. 1582: Ms. GINNY BROWN-WAITE of Flor- H.R. 2737: Ms. SCHAKOWSKY. Colorado, Mr. BOSWELL, Mr. KIRK, Mr. LAR- ida. H.R. 2739: Mr. FATTAH. SEN of Washington, Ms. KAPTUR, Mr. ALEX- INCHEY ANDERS H.R. 1588: Mrs. NAPOLITANO and Mr. DOG- H.R. 2792: Mr. H and Mr. S . ANDER, Mr. MENENDEZ, and Mrs. LOWEY. H.R. 2793: Mr. SHUSTER, Mr. ROGERS of GETT. H. Con. Res. 170: Mr. BUYER. Michigan, Mr. MCGOVERN, Mr. FOSSELLA, and H.R. 1634: Mr. PRICE of North Carolina, Mr. H. Con. Res. 172: Mr. HINOJOSA, Mr. PAL- Mr. NEY. LANTOS, and Mr. RYAN of Ohio. LONE, and Mr. NEAL of Massachusetts. OWNS H.R. 2815: Mr. SALAZAR. H.R. 1648: Mr. T . H. Con. Res. 197: Mr. THOMPSON of Mis- H.R. 1668: Mr. ABERCROMBIE. H.R. 2830: Mr. CALVERT and Mr. WESTMORE- sissippi and Mr. PALLONE. H.R. 1671: Mr. POMEROY. LAND. H. Con. Res. 201: Mr. SNYDER and Mr. WIL- H.R. 1704: Mr. FITZPATRICK of Pennsyl- H.R. 2835: Mr. BOUCHER. SON of South Carolina. vania, Mr. SCOTT of Georgia, and Mr. JACK- H.R. 2859: Mr. SCHWARZ of Michigan. H. Res. 76: Ms. WASSERMAN SCHULTZ. SON of Illinois. H.R. 2872: Ms. JACKSON-LEE of Texas, Mr. H. Res. 116: Mr. HINCHEY. H.R. 1722: Mr. MCCOTTER. CLEAVER, Mr. ALLEN, Mr. SABO, Mr. MCCOT- H. Res. 189: Mr. KENNEDY of Minnesota. H.R. 1736: Ms. CARSON, Ms. GRANGER, and TER, Mr. ENGLISH of Pennsylvania, Mr. H. Res. 288: Mr. COLE of Oklahoma and Ms. Mr. WOLF. RAHALL, Mr. KANJORSKI, Mr. MORAN of Vir- SCHAKOWSKY. H.R. 1748: Mr. SESSIONS. ginia, Mr. WAXMAN, Mr. EVANS, Mr. HONDA, H. Res. 289, Mr. WAXMAN, Mr. BRADY of H.R. 1814: Mr. HINCHEY. and Mrs. NAPOLITANO. Pennsylvania, Mr. MCINTYRE, Mr. SMITH of H.R. 1816: Mr. BILIRAKIS and Mr. CONAWAY. H.R. 2874: Mr. CROWLEY and Mr. PAYNE. Washington, Mr. KENNEDY of Rhode Island, H.R. 1898: Mr. OTTER, Mr. HALL, Mr. INGLIS H.R. 2876: Mr. WILSON of South Carolina, Ms. SOLIS, and Mr. GENE GREEN of Texas. of South Carolina, and Mr. FLAKE. Mr. AL GREEN of Texas, Mr. MORAN OF KAN- H. Res. 325: Mrs. LOWEY. H.R. 1928: Mr. SESSIONS. SAS, MR. ANDREWS, Mr. ROTHMAN, Mr. LEVIN, H. Res. 332: Mr. ALLEN. H.R. 1986: Mr. INGLIS of South Carolina and Mr. HOLT, Mr. BRADLEY of New Hampshire, H. Res. 347: Mr. CAPUANO, Mr. SERRANO, Mr. Mr. MCCAUL of Texas. Mr. MOLLOHAN, Mr. KIND, and Mr. KIRK. SCOTT of Georgia, Mr. WATT, Mrs. MCCAR- H.R. 2061: Mr. RENZI, Ms. HARRIS, Mr. ROG- H.R. 2877: Mr. MOORE of Kansas and Mr. THY, Ms. MCCOLLUM of Minnesota, Mr. HAS- ERS of Alabama, and Mr. DAVIS of Tennessee. STARK. TINGS of Florida, and Mr. DAVIS of Alabama. H.R. 2089: Mr. SHAYS. H.R. 2892: Mr. GERLACH. H.R. 2092: Ms. WATSON, Mr. DAVIS of Illi- H.R. 2926: Mr. CROWLEY. f nois, Mr. MEEKS of New York, Ms. MCKINNEY, H.R. 2947: Mrs. EMERSON, Ms. LINDA T. Mr. TOWNS, Mr. RUSH, Mr. LEWIS of Georgia, SA´ NCHEZ of California, Ms. JACKSON-LEE of Mr. HONDA, Ms. MILLENDER-MCDONALD, Mr. Texas, Mrs. CHRISTENSEN, and Mr. CONYERS. DELETIONS OF SPONSORS FROM OWENS, Mr. HINCHEY, Mrs. CHRISTENSEN, Mr. H.R. 2962: Ms. BORDALLO and Mr. REYES. PUBLIC BILLS AND RESOLUTIONS FILNER, and Mr. CUMMINGS. H.R. 2989: Mr. MCCOTTER, Mr. GALLEGLY, Under clause 7 of rule XII, sponsors H.R. 2231: Ms. ZOE LOFGREN of California, Mr. ABERCROMBIE, Mr. SMITH of New Jersey, Mr. NUSSLE, Ms. BALDWIN, Mr. OLVER, Ms. Mr. GORDON, Ms. ZOE LOFGREN of California, were deleted from public bills and reso- LINDA T. SA´ NCHEZ of California, Mr. SHAW, and Mr. MOORE of Kansas. lutions as follows: Mr. COSTELLO, and Mr. KING of New York. H.R. 3037: Mr. FRANK of Massachusetts. H.R. 2567: Ms. SCHAKOWSKY.

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IN RECOGNITION OF JOE PLASKAS Arkansas. North America’s largest wood- 363 and 364. Had I been present, I would ON HIS INDUCTION INTO THE pecker, often called the ‘‘Lord God Bird,’’ was have voted ‘‘aye’’ for both. NORTHERN ILLINOIS UNIVER- last spotted in 1944 and thought to be extinct. f SITY HALL OF FAME Mr. Sparling has sought out wild and natural wonders throughout his life, exploring Mexico’s REAR ADMIRAL DENNIS DWYER HON. J. DENNIS HASTERT Baja Peninsula, the Rocky Mountains, and Ar- OF ILLINOIS kansas’s own Ozark and Ouachita Mountains. HON. JOHN P. MURTHA OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES In 2003, Mr. Sparling began exploring Big Woods of Arkansas through the Cache River IN THE HOUSE OF REPRESENTATIVES Tuesday, July 12, 2005 National Wildlife Refuge by way of kayak and Tuesday, July 12, 2005 Mr. HASTERT. Mr. Speaker, I rise today to observed the ivory-billed woodpecker. congratulate Joe Plaskas on his upcoming in- Since the search began in March 2004, Mr. MURTHA. Mr. Speaker, I rise today to duction into the Northern Illinois University Hall there have been over a dozen sightings of the recognize an outstanding naval officer, Rear of Fame on October 14, 2005. ivory-billed woodpecker by experts in the Big Admiral Dennis Dwyer, who hails from Phila- A native of Oswego, Illinois, Joe started his Woods of Arkansas’s Mississippi Delta. The delphia, Pennsylvania. Admiral Dwyer has athletic career at Oswego High School as a 3- ivory-billed woodpecker, valued for its plum- served with considerable distinction and dedi- year letter winner in both football and base- age and sought after by American Indians as cation for the past 32 years, and I would like ball. Joe’s love for sports continued after his magical, has birdwatchers and environmental- to thank him for his service and many con- playing years as a long-time football and ists around the world rejoicing. tributions to the defense of our great Nation. baseball coach at Barrington High School in I am honored to recognize Mr. Sparling, and On July 29th, RADM Dwyer will retire from Barrington, Illinois. Through coaching, Joe was extend my sincere gratitude for his incredible the Navy after 32 years of active duty, and will able to instill the same values of hard work, discovery of the once thought extinct ivory- leave command of the Navy’s Program Execu- dedication and discipline he displayed to the billed woodpecker. Mr. Sparling is an inspira- tive Office for Aircraft Carriers here in Wash- many students he guided as a teacher and tion to us all, and I consider it a privilege to ington, DC. coach. serve as his United States Congressman in During his tenure as Commander of the During his college career at Northern Illinois the House of Representatives. Navy’s Aircraft Carrier Programs, Admiral Dwyer was responsible for the delivery of the University (NIU), Joe earned eight letters as f an outstanding two sport athlete in football USS Ronald Reagan (CVN 76), the complex and baseball, earning First-Team All-Interstate PERSONAL EXPLANATION nuclear refueling overhaul on USS Dwight D. Intercollegiate Athletic Conference (IIAC) hon- Eisenhower (CVN 69) and the development of ors in both sports. HON. RANDY NEUGEBAUER the ‘‘6 plus 2’’ aircraft carrier surge plan now As a fullback at NIU, Joe powered his way OF TEXAS considered the centerpiece and backbone of the U.S. Navy’s Strike Warfare Operations through defenses, leading the Huskies in rush- IN THE HOUSE OF REPRESENTATIVES ing in the 1958 and 1959 campaigns. In his Plan. Tuesday, July 12, 2005 final season, Joe helped lead the Huskies to As Life Cycle Manager for the entire Carrier a 7–2 record and second place finish in the Mr. NEUGEBAUER. Mr. Speaker, I was un- Fleet, Rear Admiral Dwyer significantly in- IIAC, earning National Association of Inter- able to return to Washington, DC, in time for creased the material readiness of the Force. collegiate Athletics All-America Honorable votes on Monday, July 11, due to official con- In 2003, as a result of this increased posture, Mention and First-Team All-IIAC honors. He gressional business in Texas. I testified yes- the United States was able to surge eight air- also earned a place on the Fourth-Team Peo- terday, before the Base Realignment and Clo- craft carriers, on short notice, to conduct com- ria Journal Star All-State team in 1959. sure, BRAC, Commission meeting in San An- bat operations in support of Operation Iraqi Currently ranked No. 22 on the all-time NIU tonio in support of Dyess Air Force Base Freedom. In 2004, the Fleet was again able to rushing list with 1,315 career yards, Joe not which is located in my congressional district. simultaneously surge seven aircraft carriers only rewrote school records set by Hall of As a result, I missed rollcall votes Nos. 363 world-wide for Exercise Summer Pulse, once Famers before him, but held that standard for and 364. Had I been present I would have again demonstrating the Navy’s ability to exe- five more seasons until 1964. voted ‘‘aye’’ on both votes: cute the new Fleet Response Plan engage- On the diamond, Joe performed with equal Rollcall vote No. 363: H. Con. Res. 168— ment strategy. This high state of combat readi- passion and excellence. At the plate, Joe led Condemning the Democratic People’s Repub- ness would not have been possible without the league in batting with a .455 average as lic of Korea for the abductions and continued Rear Admiral Dwyer’s improvization of a a sophomore and won First-Team All-IIAC captivity of citizens of the Republic of Korea brillant Class Action Maintenance Plan. honors as a pitcher. and Japan as acts of terrorism and gross vio- However, his most enduring legacy will cer- Once again, congratulations Joe on your lations of human rights; and tainly be the strategic vision and hands-on many successes on and off the field. Rollcall vote No. 364: H. Res. 333—Sup- leadership he provided throughout the concept f porting the goals and ideals of a National and detailed design process of the CVN–21 Weekend of Prayer and Reflection for Darfur, Class of Future Aircraft Carriers. This new IN RECOGNITION OF GENE Sudan. class of ships was developed utilizing revolu- SPARLING f tionary aircraft carrier designs and advanced computer modeling techniques. He relentlessly HON. MIKE ROSS PERSONAL EXPLANATION drove future technologies forward, established OF ARKANSAS ´ and led the largest government and industry IN THE HOUSE OF REPRESENTATIVES HON. LINDA T. SANCHEZ ship design team ever assembled, and created a world class modeling environment that Tuesday, July 12, 2005 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES significantly reduced design costs throughout Mr. ROSS. Mr. Speaker, I rise today to rec- the life cycle of this next generation of Aircraft ognize Gene Sparling of Garland County, Ar- Tuesday, July 12, 2005 Carriers. kansas, who recently rediscovered the ivory- Ms. LINDA T. SA´ NCHEZ of California. Mr. Mr. Speaker, I am extremely proud to offer billed woodpecker in the Big Woods area of Speaker, yesterday I missed rollcall vote Nos. my personal gratitude to Admiral Dwyer and

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

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00176 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15740 EXTENSIONS OF REMARKS July 12, 2005 his wife Eva for their honorable and faithful his service to community, whether in the form away at the age of 46 on June 12, 2005, in service to our Nation, and I urge my fellow of supporting local sporting events for young- Chicot County, Arkansas. Danny was born on Colleagues to wish them continued success sters or making sure that readers were always March 14, 1959, in Wichita, Kansas. Danny and the traditional Naval blessing of ‘‘Fair well informed. When Hurricane Frederic, a distinguished himself as a terrific father, loving Winds and Following Seas’’ as he closes out dangerous Category 3 storm hit the Gulf husband, and community hero. a very distinguished military career. Coast in 1979, Mr. Barnhart managed to get Danny, a member of Parkview Baptist f the paper on the street the very next morning. Church, was a firefighter for the El Dorado When Governor Jeb Bush needed to re- Fire Department for 11 years, eventually earn- IN LASTING MEMORY OF JOHN W. place four elected county commissioners who ing the distinguished rank of Captain. Day PARKERSON had been removed from office because of after day, Danny risked his life in the pursuit scandal, Mr. Barnhart was one of the people of saving others. There is no greater civil serv- HON. MIKE ROSS that he knew could be trusted to restore integ- ice, no job more commendable than that of a OF ARKANSAS rity to the position. Even though he had been firefighter. IN THE HOUSE OF REPRESENTATIVES retired from the Pensacola News Journal for I extend my deepest sympathies to Danny’s 18 years, Mr. Barnhart gladly stepped forward family. My thoughts and prayers are with his Tuesday, July 12, 2005 to serve his community. wife Leslie; their son Braxton; their daughters Mr. ROSS. Mr. Speaker, I rise today in My prayers go out to Clifford’s wife Zee, his Heather and Devan; mother and stepfather honor of the life and legacy of John W. son Scott Barnhart, his daughters Bonnie Mae Maureen and Fred Buchanan; his brother Parkerson, who passed away at the age of 59 Barnhart and Sue Glenn, and all others who Bryan Taylor of Little Rock; and his two sisters in Hot Springs, Arkansas on April 21, 2005. mourn the loss of this great man. He loved his Karen and Tanya. John was born on October 18, 1945 in family as they loved him, and his loss will f Paragould, Arkansas, in the hills of Greene have a vast impact on so many. County. John distinguished himself as a hus- Mr. Speaker, on behalf of the United States INTRODUCTION OF THE HEALTHY band, father, grandfather, lawyer, and legis- Congress, it is with no small amount of sorrow SCHOOL BUS ACT lator. that I tell of the passing of Clifford Barnhart A graduate of Hot Springs High School, from this world, and his family is in my HON. ROBERT MENENDEZ John considered Hot Springs home and was thoughts and prayers. OF NEW JERSEY driven by the ideal of improving the lives of f IN THE HOUSE OF REPRESENTATIVES the citizens of Garland County. After grad- PERSONAL EXPLANATION Tuesday, July 12, 2005 uating from Hendrix College, John attended the University of Arkansas Law School and Mr. MENENDEZ. Mr. Speaker, today I am graduated in 1971. John was extremely active HON. MIKE ROGERS pleased to be joined by several of my colin the Hot Springs community, including the OF MICHIGAN leagues in introducing the Healthy School Bus Arkansas Bar Association, the Arkansas IN THE HOUSE OF REPRESENTATIVES Act, which calls attention to a serious but Game and Fish Foundation Board, Abilities Tuesday, July 12, 2005 overlooked health threat that our children face Unlimited, and the Hot Springs Rotary Club. Mr. ROGERS of Michigan. Mr. Speaker, on every day that they ride to school in a bus. Additionally, he became the first Garland the legislative day of June 16, 2005 the House Congress passed the Clean Air Act and County Small Claims Court Judge and was a voted on an amendment to H.R. 2862, the Fis- subsequent amendments because we recog- member of the Garland County Community cal 2006 Commerce-Justice-Science Appro- nized the tremendous health risks of breathing College Board of Trustees. priations Act. On House rollcall vote #261, I polluted air. Children are particularly at risk John spent 12 years in the Arkansas Legis- was unavoidably detained. Had I been because their lungs are still developing and lature and once ran for the United States present, I would have voted ‘‘aye.’’ they breathe more air per pound of body weight than adults do. Nearly 4.5 million House of Representatives, commenting the f best part of politics was the people it gave you American children suffer from asthma, and air the opportunity to meet. John led a life of pub- PERSONAL EXPLANATION pollution is believed to be a serious contrib- lic service and dedication in every endeavor uting factor in asthma attacks, bronchitis, and he undertook and will always be remembered HON. ELTON GALLEGLY emergency room visits. for his tremendous devotion to Arkansas. OF CALIFORNIA One of the most insidious forms of air pollu- John truly led an exemplary life. My deepest IN THE HOUSE OF REPRESENTATIVES tion is diesel exhaust, which contains over 40 sympathies go out to his wife Sanda, his son Tuesday, July 12, 2005 potential carcinogens, as well as fine soot par- Christopher Parkerson and daughter-in-law ticles that can get lodged deep in the lung. Mr. GALLEGLY. Mr. Speaker, on Monday, Kim, and son Ben Parkerson, and his grand- The Clean Air Task Force recently released a July 11, 2005 I was unable to vote on a mo- children. report which found that fine particle pollution tion to suspend the rules and agree to H. Con. f shortens the lives of nearly 21,000 people Res. 168, Condemning the Democratic Peo- each year, and leads to lung cancer, heart at- ON THE PASSING OF CLIFFORD W. ple’s Republic of Korea for the abductions and tacks, and asthma attacks. For New Jersey’s BARNHART continued captivity of citizens of the Republic children alone, the report linked diesel pollu- of Korea and Japan as acts of terrorism and tion to over 540 emergency room visits due to HON. JEFF MILLER gross violations of human rights (rollcall 363); asthma and nearly 1,300 cases of acute bron- and H. Res. 333, Supporting the goals and OF FLORIDA chitis each year. ideals of a National Weekend of Prayer and IN THE HOUSE OF REPRESENTATIVES Although school buses are far and away the Refection for Darfur, Sudan (rollcall 364). Had safest way for children to travel to school, the Tuesday, July 12, 2005 I been present, I would have voted ‘‘yea’’ on diesel exhaust from school buses puts our Mr. MILLER of Florida. Mr. Speaker, it is both measures. children at unnecessary risk. A number of pro- with great sadness that I rise today to recog- f grams already exist to try to cut down our chil- nize the passing of Clifford W. Barnhart. Mr. IN LASTING MEMORY OF DANIEL dren’s exposure to school bus exhaust, such Barnhart had a tremendous impact in my dis- R. KINLEY as New Jersey’s ‘‘Stop the Soot’’ initiative to trict over his tenure as editor of the Pensacola reduce bus idling, and the Environmental Pro- News Journal and as an appointed Escambia HON. MIKE ROSS tection Agency’s Clean School Bus campaign, County Commissioner. which provides grants for school districts to OF ARKANSAS A native of New Alexandria, PA who began purchase new, cleaner buses, or to retrofit old IN THE HOUSE OF REPRESENTATIVES his career in Pittsburgh, he was already a sea- buses with pollution control equipment. soned newspaper man when he arrived in Tuesday, July 12, 2005 These programs are doing an excellent job Pensacola. Not only was he respected for his Mr. ROSS. Mr. Speaker, I rise today to reducing the amount of pollution our children business acumen, but he was also admired for honor the life of Daniel R. Kinley who passed are exposed to while they’re waiting for the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00177 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 EXTENSIONS OF REMARKS 15741 bus or just playing outside. But some recent some of the amendments proposed to the the needs of families that are making sac- studies have made it clear that our children Transportation, Treasury, Housing and Urban rifices to care for their loved ones by making have more to worry about inside a school bus Development FY06 Appropriations legislation long-term care more affordable. It would pro- than just who to sit next to. Researchers from (H.R. 3058). vide tax credits to those caring for ailing family Yale University, the University of Connecticut, On the amendment of Mr. KING of Iowa, roll- members and loved ones, and encourage indi- the University of California, and Purdue Uni- call Vote No. 341, had I been present, I would viduals to plan and invest in their own long- versity have found that the concentration of air have voted ‘‘no.’’ term care by offering a tax deduction for long- pollution inside school buses can in some On the amendment of Ms. HERSETH of term care insurance. In addition, it would dou- cases be far higher than outside the bus. And South Dakota, rollcall Vote No. 342, had I ble the funding for the existing National Family the evidence suggests most of the pollution is been present, I would have voted ‘‘no.’’ Caregiver Support Program, which supports a coming from the bus’s own exhaust. One On the amendment of Ms. HOOLEY of Or- wide range of important services for older per- study published in March of this year suggests egon, rollcall Vote No. 343, had I been sons. that in some cases the amount of exhaust in- present, I would have ‘‘no.’’ There are an estimated 44.4 million care- haled by children on a school bus is greater On the amendment of Mr. SOUDER of Indi- givers in the U.S., which is 21 percent of the than the amount of that bus’ exhaust inhaled ana, rollcall Vote No. 344, had I been present, adult population. My home state of New Jer- by all other people in a metropolitan area. I would have voted yes. sey has over 830,000 caregivers, ranking it We know a lot about how to control emis- On the amendment of Mr. DAVIS of Florida, 9th in the country. To respond to the needs of sions from the tailpipe. But we don’t know a rollcall Vote No. 345, had I been present, I our country and my state, I am introducing lot about how to control emissions inside the would have voted ‘‘no.’’ legislation that will help all American families bus. We don’t know how the pollution gets into On the amendment of Ms. LEE of California, and all New Jersey families afford to provide the bus, and we don’t know the best ways to rollcall Vote No. 346, had I been present, I the care that their loved ones need and de- stop it. That’s why I’m introducing this legisla- would have voted ‘‘no.’’ serve. tion, which will direct EPA to do a comprehen- On the amendment of Mr. SANDERS of As the father of college-age children and the sive study of air quality inside school buses, Vermont, rollcall Vote No. 347, had I been son of a mother with Alzheimer’s, I understand and come up with the most effective strategies present, I would have voted ‘‘no.’’ first-hand the challenges of putting children for keeping the pollution out. This bill also On the amendment of Mr. RANGEL of New through college while providing long-term care greatly increases the authorization level of York, rollcall Vote No. 348, had I been for a loved one. Caregiving families face EPA’s Clean School Bus program, and makes present, I would have voted ‘‘no.’’ unique strains. They are burdened with addi- sure that school districts can use grant money On the amendment of Mr. SOUDER of Indi- tional costs and often caregivers must sac- from that program to implement the strategies ana, rollcall Vote No. 349, had I been present, rifice their job or cut back on their hours at that fight in-bus pollution. I would have voted ‘‘yes.’’ I strongly support work. Almost 6 in 10 caregivers either work or Mr. Speaker, this bill calls attention to an Second Amendment rights, and the ensuring have worked while providing care and 62 per- overlooked aspect of our fight for clean air, that the people have the right to personal pro- cent of caregivers report having had to make and it is targeted at those people who are tection. I strongly support allowing the people work-related adjustments ranging from going most vulnerable to air pollution—our children. of the District of Columbia to defend them- in late and leaving early to having to give up It creates no new requirements on school dis- selves, and the crime prevention results it will work entirely. Their compassion, dedication, tricts or municipalities; it simply gives them the bring. I applaud Mr. SOUDER for bringing this and selflessness come at a price. This legisla- tools necessary to make their school buses as amendment, and its passage will be helpful to tion is aimed at addressing their hard work healthy for children as possible. I ask my col- the people of the District. and sacrifice. leagues to join in me supporting this legisla- On the amendment of Mr. GARRETT of New The challenge of caring for our aging popu- tion, because dirt in a school bus should mean Jersey, rollcall Vote No. 350, had I been lation will only increase as the baby boom mud in the aisles, and not soot in the air. present, I would have voted ‘‘yes.’’ generation grows older and our life expect- f On the amendment of Ms. DELAURO of Con- ancy increases. We need to work now to ad- necticut, rollcall Vote No. 351, had I been dress the challenges of providing affordable PERSONAL EXPLANATION present, I would have voted ‘‘no.’’ long-term care, encourage future retirees to f plan for their own long-term care, and HON. BARBARA LEE strengthen our existing programs to address OF CALIFORNIA PERSONAL EXPLANATION this growing need. Please join me in sup- IN THE HOUSE OF REPRESENTATIVES porting this legislation and helping all families Tuesday, July 12, 2005 HON. GWEN MOORE afford to care for the ones they love. Ms. LEE. Mr. Speaker, on July 11, 2005, I OF WISCONSIN f IN THE HOUSE OF REPRESENTATIVES missed rollcall votes Nos. 363 and 364. Had HONORING THE 15TH ANNIVER- I been present, I would have voted ‘‘aye’’ on Tuesday, July 12, 2005 SARY OF THE BOBBY MITCHELL H. Con. Res. 168 and H. Res. 333. Ms. MOORE of Wisconsin. Mr. Speaker, on HALL OF FAME CLASSIC f Monday, July 11, on account of district busi- PERSONAL EXPLANATION ness I was absent for votes on roll call num- HON. TOM DAVIS bers 363 and 364. Had I been present, I OF VIRGINIA HON. LYNN A. WESTMORELAND would have voted ‘‘yea’’ on both. IN THE HOUSE OF REPRESENTATIVES OF GEORGIA f Tuesday, July 12, 2005 IN THE HOUSE OF REPRESENTATIVES INTRODUCTION OF THE CARE- Mr. TOM DAVIS of Virginia. Mr. Speaker, I Tuesday, July 12, 2005 GIVER ASSISTANCE AND RELIEF rise today to commemorate the 15th anniver- Mr. WESTMORELAND. Mr. Speaker, on EFFORT (CARE) ACT, LEGISLA- sary of the Bobby Mitchell Hall of Fame Clas- Wednesday, June 29, and Thursday, June 30, TION PROVIDING CAREGIVER AS- sic, held in Loudoun County, Virginia. I was attending a hearing of the Base Realign- SISTANCE The Bobby Mitchell Hall of Fame Classic is ment and Closure Commission in the state of a golf tournament that benefits the Leukemia Georgia regarding the proposed base closures HON. ROBERT MENENDEZ and Lymphoma Society. Since 1990, Bobby and realignments for the southeastern states. OF NEW JERSEY Mitchell and other Hall of Famers have do- I had the opportunity to testify on the impor- IN THE HOUSE OF REPRESENTATIVES nated their time every year to help raise need- tance of bases in Georgia, and particularly ed funds to find a cure for leukemia and how vital Fort Benning is to my district and to Tuesday, July 12, 2005 blood-related cancers such as lymphoma and our national security. Mr. MENENDEZ. Mr. Speaker, I rise today myeloma. Due to my efforts in fighting for bases in the to introduce The Caregiver Assistance and Since retiring from professional football after state of Georgia, I was unable to vote on Relief Effort (CARE) Act. This bill addresses a successful 11-year career, Bobby Mitchell

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00178 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15742 EXTENSIONS OF REMARKS July 12, 2005 has dedicated his time to achieving his goal of Leader. Furthermore, she attended the Har- Though they have served their time, fulfilled defeating leukemia. Mitchell was traded by the vard Institute for School Leadership, the Ohio their sentence, and paid back their debt to so- Cleveland Browns to the Washington Red- School Leadership Institute, and the Michael ciety, millions of ex-felons continue to be pun- skins for Ernie Davis, a Heisman Trophy win- Fullan Leadership Seminar through the Uni- ished for their past criminal records. Those ner. Unfortunately Davis was diagnosed with versity of Toronto. who turned a corner in their life and fled the leukemia and died at age 23, never getting the Mrs. Klink’s participation in numerous pro- criminal path can never again fulfill the most chance to play a game of professional football. fessional organizations, as well as her devoted important obligation of citizenship—voting. Davis’ heartbreaking death motivated Mitchell service to community positions, exemplifies They remain on the outside looking in at our to take up the cause and find a cure for the the strength of her leadership. For example, political system. They want, they deserve, the disease. Mrs. Klink served on the West Chester Cham- right to be re-integrated as full citizens into our This tournament is the nation’s largest an- ber Alliance Board of Directors, the Fitton system. Yet, the system stands firmly in their nual hall of fame reunion with more that 40 Center for the Arts Board of Directors, and the way, stripping them of their right to vote. pro football and basketball legends present. Executive Board for the University of Cin- I bring this issue to the attention of the Funds are generated by donations made cinnati’s Center for Economic Education. In House of Representatives with the hope that through spectators, raffles and other contests. addition, she is involved in the Ohio Associa- this Congress will take the important steps of Mitchell and the fellow hall of fame partici- tion of Local School Superintendents, the Phi fulfilling the promises of democracy. I hope pants are aiming to cross the $4 million Delta Kappa Educational Society, and the that the House of Representatives would take threshold in funds raised for the charity. Funds American Association of School Administra- action to restore the right to vote to American from the tournament are donated to the Leu- tors. Mrs. Klink’s long list of publicized articles ex-felons. They have paid their debts to soci- kemia and Lymphoma Society and also her guest presentations at the Uni- ety and we should permit their participation in Mr. Speaker, in closing, I would like to com- versity of Cincinnati, Xavier University, Miami our democratic process. Too many Americans mend and congratulate the Bobby Mitchell Hall University, and Mt. St. Joseph College show- fought and died for this right to vote and too of Fame Classic on 15 years of success. It case her commitment to educational success. many today are denied the ability to exercise has helped many lives, truly meriting recogni- Mrs. Klink, I offer my congratulations and their rights. tion. I call upon my colleagues to join me in gratitude for your long and successful career I submit for the RECORD a Carib News arti- applauding Bobby Mitchell and the Hall of in the field of education. I wish you well in cle providing further evidence and argument Famers’ past accomplishments and in wishing your future endeavors, and I hope you con- for our consideration. Progress is being made them continued success in the many years to tinue to achieve happiness and success wher- on the restoration of rights to ex-felons, but come. ever your life journey chooses to lead you immediate action is needed by this Congress. f throughout your retirement. [July 5, 2005] f PROGRESS IN RESTORING FELONS’ RIGHT TO HONORING THE RETIREMENT OF VOTE LAKOTA SUPERINTENDENT RESTORING AN OBLIGATION OF Following victory in Iowa, where the Gov- KATHLEEN KLINK CITIZENSHIP ernor recently announced that he would reverse his state’s lifetime ban on felon voting, HON. JOHN A. BOEHNER HON. CHARLES B. RANGEL advocates for restoring felons’ right to vote expressed optimism that progress was being OF OHIO OF NEW YORK made in rolling back laws that dispropor- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tionately affect blacks and other minorities. Tuesday, July 12, 2005 Tuesday, July 12, 2005 According to Catherine Weiss, a lawyer with the Brennan Center for Justice at New Mr. BOEHNER. Mr. Speaker, today I stand Mr. RANGEL. Mr. Speaker, I rise today to York University, felony disenfranchisement before you to recognize the retirement of Mrs. draw our attention to the most important obli- laws represent the last vestiges of Jim Crow Kathleen Klink, Superintendent for the Lakota gation of citizens in a democracy and to illu- that disenfranchise African Americans. As of Local School District, and to express my ap- minate the discomfort of many Americans to 2000, almost 5 million Americans couldn’t preciation for her dedication and commitment the elimination of that obligation. I speak about vote because of laws that restrict those con- to education. For more than forty years, Mrs. the right to vote—the cornerstone of every victed of a felony from casting ballots; four Klink contributed her talents to the educational democratic system of government, particularly in 10 of those disenfranchised were black. The full 2nd U.S. Circuit Court of Appeals field, and for this, I offer her my utmost con- ours. in New York is also expected to hear argu- gratulations and thanks for her efforts. Democracies are based on the principle that ments in cases brought by two prisoners who After graduating from the University of Hei- their citizens participate actively in the deci- claim that the 1965 Voting Rights Act, which delberg in Germany, receiving a masters in sion-making processes of the government. removed barriers to black voters, should be education from the University of Virginia and a Whether in small communities or throughout used to argue that the felony laws are unfair. post graduate degree from Miami University in the vast expanse of the Nation, citizens cast Forty-eight states restrict voting rights for Oxford, Ohio, Mrs. Klink began teaching in the ballots to express their preferences and felons while they are behind bars or serving Hamilton City Schools. From there, she trav- choices for the direction of the country and to parole or probation. Four states—Alabama, Florida, Kentucky, and Virginia—ban voting eled to Lewiston, Maine, Charlottesville, Vir- determine the policies and leaders that will be for life on the grounds that such restrictions ginia, and Wright State University in Dayton, implemented throughout the Nation. The voice are justified. In 2001, New Mexico lifted a until she arrived in the Lakota School District. of each and every citizen is expressed equally lifetime ban, and Nebraska followed suit in Her extensive teaching career, in which she through their ballot and their ability to cast a March. In several states, felons can now specialized in English, German, and Coun- ballot. Generations of Americans have fought apply to have their voting rights restored. seling Psychology, provided her with valuable and died to guarantee that all Americans The issue of disenfranchisement escalated experience and expertise. In 1981, Mrs. Klink share in this right and obligation. in Florida after the 2000 presidential elec- became Assistant Principal at Lakota High Unfortunately, today we still face the prediction, which was decided by fewer than 600 votes there. With more than 820,000 felons School where she served for two years until ament that millions of American citizens are who could not vote as of 2000, Florida is said taking over as Assistant Superintendent. Then, denied their right to vote. They are denied the to have the largest disenfranchised popu- in 1994, Mrs. Klink advanced to Super- ability to influence policy, policymakers, polit- lation of any state. intendent where she remained until her recent ical leaders, and the direction of the country One driving force behind efforts to roll retirement. that they belong to. Millions of American citi- back disenfranchisement laws is the nation’s Throughout her professional career, Mrs. zens who have been convicted of crimes in swelling prison population. Though crime Klink received substantial recognition for her the past are denied the ability to cast ballots rates have fallen the prison population work including being named as the Ohio Su- in elections. Regardless of the nature of their soared to 2.1 million by June 2004, according to figures compiled by the Justice Depart- perintendent of the Year, the Sam Walton crime or any rehabilitation that may have oc- ment. In 1970, that number was about 200,000. Business Leader for Southeastern Butler curred, these ex-felons cannot participate in According to Theodore M. Shaw, president County, and the Buckeye Association of the decision-making process of this great Na- of the NAACP Legal Defense and Education School Administrators Exemplary Education tion. Fund, who will present arguments in the

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00179 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 EXTENSIONS OF REMARKS 15743 New York cases, ‘‘As the numbers of pris- As construction progressed with these nu- past congresses, I and members of the Con- oners have grown, more awareness of the in- merous projects, Rick ensured the gressional Black Caucus have worked to justice of it has also grown.’’ attractiveness of the land by providing District erase the elements of racism that exist to- With 13 percent of all black men barred from voting because of disenfranchisement 4 the highest level of amenities in the state for wards Mexicans, Hispanics, African-Ameri- laws, advocates contend that many have be- landscaping, paver blocks, and decorative cans, and Blacks. We have reached out in the come disengaged since felons also face prohi- lighting. He also worked with individual cities spirit of cooperation and harmony to our bitions in other areas of life, such as living to assist them in development plans that friends in the Congressional Hispanic Caucus in public housing, obtaining identification would shift with population growth. to fight against discrimination and discord be- cards, and getting student loans. Mr. Speaker, Rick Chesser’s work for the tween our people. We have pursued policies On June 22, in the shadow of the U.S. Fed- State of Florida and that of District 4 will not and positions that call on our leaders to decry eral Courthouse in Foley Square, standing before the African Burial Ground Memorial be forgotten. Rick has made great strides in stereotypical comments that appeal to our Sculpture, New Yorkers representing persons the development of various areas to raise the most basic emotions. We have united to con- who have a felony conviction stood in silent morale and the quality of life for all residents. demn characterizations and caricatures in- protest to demand the full restoration of vot- We are indebted to him and to his service for tended to offend, defame, or marginalize our ing rights to the formerly incarcerated. the past 35 years. My staff and I wish him all people, our race, and our community. In recognition of a historic en banc hearing the best in his retirement. In the last month alone, I have been joined in the cases of Hayden v. Pataki and f by a number of my colleagues in supporting Muntaqim v. Coombe, the silent protest was an resolution to draw attention to the chal- conducted as the Nation recognized the 40th THE NEED FOR CULTURAL lenges and struggles of Afro-descendant pop- anniversary of the passage and President SENSITIVITY Lyndon B. Johnson’s signing of the Voting ulations in Latin America and the Caribbean. Rights Act of 1965. The landmark legislation We introduced this resolution because too extended voting rights confirmed in the 15th HON. CHARLES B. RANGEL often the international community and the gov- Amendment of the U.S. Constitution to OF NEW YORK ernments of Latin America and the Caribbean disenfranchised blacks in southern states. IN THE HOUSE OF REPRESENTATIVES ignore, marginalize, and dehumanize the de- The Act has since been reauthorized and its Tuesday, July 12, 2005 scendants of the transatlantic slave trade. protections extended to language minorities Throughout the region, Afro-descendant popu- and northern jurisdictions with a history of Mr. RANGEL. Mr. Speaker, today I come lations have the lowest standards of living, the vote dilution, voter intimidation, and dis- before this chamber to be heard on an issue criminatory polling practices. highest rates of illiteracy, the poorest stand- The silent protest was staged to symboli- of deep importance to U.S. and Mexican rela- ards of health care, the smallest per capita in- cally represent citizens, who for no other tions. It is a concern that to many seems trivial comes, and the least amount of access to the reason than having been incarcerated for fel- but which in reality represents an important political, social, and economic levers of power ony offenses have been denied their voting aspect of the cultural relationship and respect and opportunity. rights while still being expected to fulfill all that exists between our two nations. It was surprising to me that, the week after other obligations of citizenship, including I speak of the stamp intending to honor the the House International Relations Committee paying taxes. comic strip Memin Pinguin. The decision to favorably marked up this resolution to recog- f draw attention and promote this character that nize and support Afro-Latino and Afro-Carib- THANKING MR. RICK CHESSER would be recognized by those in the inter- bean populations, the government of Mexico national community as racist is an act of gross would issue a postal stamp honoring an insensitivity on the part of the Mexican govern- apelike depiction of Afro-Mexicans. It was de- HON. E. CLAY SHAW, JR. ment. In this global day and age, the Mexican OF FLORIDA plorable that the Mexican government would authorities should have been aware of the IN THE HOUSE OF REPRESENTATIVES produce stamps that would remind Ameri- negative international impact of this character- cans—white and black—of the humiliation and Tuesday, July 12, 2005 ization of the Negro race in grotesque imagery degradation of Sambo and Aunt Jemima. It is Mr. SHAW. Mr. Speaker, I rise today to associated with the vilest forms of racism. insulting that President Fox would defend the thank Mr. Rick Chesser for his 35 years of They should have realized that the depiction publication of this stamp as an example of our support and dedication to the State of Florida of a childish apelike cartoon intended to draw cultural misunderstandings, despite the call of as an employee of the Florida Department of attention to racial stereotypes would be seen the Asociacion Mexico Negro—a Mexican- Transportation. Rick has decided to retire from as racist. They should have understood that based group representing the interests of over public services, yet at the time of his depar- the postage stamp would be seen as a reflec- 50,000 blacks—for the recall of the stamps. ture, he was the longest serving District Sec- tion of the beliefs of Mexico and that to pay This is not simply an example of cultural dif- retary with 17 years of service to District 4, honor to a character that would signal toler- ferences. Afro-Mexicans deplore the compari- which encompasses Broward, Palm Beach, ance with racism is disgraceful. son of being described as apelike and child- Martin, St. Lucie, and Indian River counties. While President Fox has defended this in- like, just as much as African-Americans. To Throughout his 17 years with the Florida sulting portrayal as simply cultural differences, say that it is acceptable to depict an entire Department of Transportation, Rick has com- he must also understand the cultural message race of people in one’s country as childish piled a lasting legacy. Under his watch, the his government is sending to the rest of the apes is to not understand the universal impact district received much needed funding and he world. Clearly, African-Americans and other and role of race in this world. opened constructive dialogue between the dis- African and Afro-descendant populations At a time when members of Congress are trict, the public and local elected officials. It would see the uplifting of a black cartoon trying to find amicable ways of bringing our should also be highlighted that within District character, with monkey-like lips and head and two countries together, the actions of Presi- 4, Rick allocated numerous hours to ensure a childish demeanor, as an attempt to malign dent Fox’s government apparently are to draw mobility of constituents while simultaneously them. At a time when the world is becoming a line between us. President Fox has ridiculed keeping the best results for the environment increasingly interdependent, President Fox’s the hard work and efforts of African-Ameri- and quality of life at heart. government has decided to insult an entire cans. He has rejected repeated invitations to In particular, Rick’s commitment to South race of humans—a race that has long suffered dialogue with the National Association for the Florida’s public transportation system was discrimination, insult, and abuse. Rather than Advancement of Colored People. His govern- never more evident when he served as project highlight for the international community and ment has issued stamps that not only insult director for Interstate 595. Through this the Mexican people a rich heritage of under- the character of his own people, but also project, the Port Everglades Expressway was standing and harmony, the Mexican govern- those of Afro-descendant populations in the created, Interstate 75 was constructed, and ment has chosen a symbol of offense and United States. and throughout the Americas. Interstate 95 was widened in two of the five smear. I am disappointed in these acts by my counties within his district. From there, funding Yes, we should be aware of the cultural dif- friends in the Mexican government and by was received for a tri-county rail system pro- ferences that exist between the people of our President Fox. I hope that they will reach out viding even greater accessibility for South two countries, but that awareness requires ef- once again to those with whom they have Florida commuters. forts from both sides. In this Congress and worked here in the United States and put

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00180 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15744 EXTENSIONS OF REMARKS July 12, 2005 aside these insulting and racist stamps. For us TO REPORT ON THE SUCCESSES the battle against anti-Semitism and efforts to to achieve greater cultural sensitivity on the OF THE FOURTEENTH ANNUAL set codes of conduct for peacekeepers and part of the United States and to obtain greater SESSION OF THE ORGANIZATION international representatives. racial sensitivity in the Americas, it is impor- FOR SECURITY AND COOPERA- We were also privileged to welcome you, tant to have an equal awareness and effort on TION IN EUROPE’S PARLIAMEN- Mr. Speaker, and Secretary Rice, to address the part of our international allies. TARY ASSEMBLY the Assembly and I am pleased to report that f HON. ALCEE L. HASTINGS the conference was a major success. RECOGNIZING THE CITY OF Mr. Speaker, at this time I ask for unani- POMPANO BEACH, FLORIDA OF FLORIDA IN THE HOUSE OF REPRESENTATIVES mous consent that the statement of the Honor- able Canadian Senator Jerry Grafstein be Tuesday, July 12, 2005 HON. E. CLAY SHAW, JR. added to the RECORD immediately following OF FLORIDA Mr. HASTINGS of Florida. Mr. Speaker, I this statement. Senator Grafstein was elected IN THE HOUSE OF REPRESENTATIVES rise today to report on the successes of the to a second term as Treasurer of the OSCE Tuesday, July 12, 2005 fourteenth annual session of the Organization Parliamentary Assembly, a clear endorsement Mr. SHAW. Mr. Speaker, I rise today to rec- for Security and Cooperation in Europe’s Par- of his dedication, prudence and fine leader- ognize the City of Pompano Beach, Florida, liamentary Assembly which convened in ship. I thank him for his kind words, and I which has been named as one of only ten cit- Washington, DC over the first five days of thank the whole Canadian delegation for their ies nationwide designated as a 2005 All-Amer- July. Over 800 parliamentarians and staff were admirable contributions to the OSCE Par- ica City by the National Civic League. I have in attendance, making it one of the largest as- liamentary Assembly. represented the City of Pompano Beach since semblies in the Organization’s history, and one of the most productive. ORGANIZATION FOR SECURITY AND CO- coming to Congress in 1981, and I take spe- OPERATION IN EUROPE cial pride in this recognition of their achieve- The theme of this year’s session, ‘‘30 Years ments. since Helsinki: Challenges Ahead’’ reminds us FOURTEENTH PARLIAMENTARY ASSEMBLY The City of Pompano Beach was recog- of the agreement that founded the OSCE, and the ideals which must guide us through the Hon. Jerahmiel S. Grafstein: Honourable nized for two programs which impact the com- senators, yesterday the Parliamentary As- munity’s youth, and an affordable housing tests of the future. The Washington Declara- sembly of the Organization for Security and project. tion, a compendium of resolutions adopted at Co-operation in Europe completed its four- The Pompano Beach Junior Lifeguard Pro- this year’s session, is a testament to the ex- teenth annual session in Washington, D.C. It gram which began as a small part-time rec- cellent progress that has been made in central lasted over five days and was attended by reational swimming program has grown into areas of social, economic, and human rights more than 1,000 parliamentarians and staff. an annual recreation and education program policy. The OSCE has maintained its position It was probably the largest assembly in its for children ages nine to seventeen. The pro- at the forefront of some of our world’s most history. The Washington Declaration, a com- gram partners parents and local schools in critical concerns; eradicating human trafficking, pendium of all resolutions adopted, will be tabled in the Senate. The OSCE Parliamen- promoting activities which develop healthy life- ensuring fair elections, combating social prejudice, and maintaining stable economic rela- tary Assembly is composed of parliamentar- styles, sportsmanship and self-esteem in the ians from 55 member states, and is the larg- community’s youth. Childhood obesity has tionships between all nations. est international organization dedicated to also be targeted with parents reporting im- Members of both branches of Congress play the advancement of democratic rights, proved eating habits, weight loss and in- a central role in the OSCE Parliamentary As- human rights, and economic and security co- creased muscle mass in their children. sembly. Our delegation offered a resolution operation. The Kidz-N-The-Hood Program is a weekly entitled ‘‘Combating involvement in trafficking The Washington Declaration included a TV show produced and scripted by kids of all in human beings and sexual exploitation and number of issues on which Canadian parlia- ages, income levels and ethnic backgrounds. abuse by international peacekeeping forces’’ mentarians took the lead: trafficking in Developed to counteract the often negative that was adopted into the Washington Dec- human beings; steps for cooperation in the and gratuitous images children are too often laration. The practice of human trafficking is Middle East; combating anti-Semitism; ad- exposed to on television, the program receives an affront to humanity, and must not be toler- vancing the fight against corruption accolades from parents and educators who re- ated. According to the most recent Depart- amongst parliamentarians and in the public port more attentive students, improved test ment of State estimates, between 600,000 and service; improving democratic surveillance scores and reduced drop out rates. Supported 800,000 people are trafficked across borders of election monitoring; codes of conduct for peacekeepers and international representa- by a diverse community group including AT&T each year worldwide, including 14,500 into the tives; and gender issues. Broadband, the South Florida Sun-Sentinel, United States. Combined with trafficking within Pompano Middle School, Broward County countries, the total figure is estimated at be- I was pleased to be re-elected for a third Sheriff’s Office, and the Broward County tween 2 and 4 million. The OSCE, as the time as a Senior Officer and Treasurer and as world’s largest regional security organization, Leader of the Liberal, Democratic and Re- Urban League, the program has reached thou- former’s Political group. I extend my appre- sands of children through participation and is uniquely positioned to take on this critical ciation and congratulations to our colleague, viewing opportunities. issue. the Honourable Senator Di Nino, for his as- Pinnacle Village, a new affordable rental During this year’s session, the U.S. delega- siduous performance as head of the Canadian community, replaces a failed HUD subsidized tion made major progress in international delegation. I intend to have the Senate con- housing complex which stood as an eyesore trade. Representative BEN CARDIN, Ranking sider a number of aspects of the Washington and haven for crime in the neighborhood. Member of the U.S. Helsinki Commission, Declaration, which each parliamentary dele- Frustrated by a failed project which had under- spearheaded a resolution urging the Medi- gation was mandated to do under the dec- gone numerous attempts at rehabilitation for a terranean Partners to work with the Arab laration. period of years, the public and private sectors League in order to rescind the trade boycott of I would like to add a special word of con- worked together to improve the living condi- the State of Israel. The boycott has existed for gratulations to Speaker Dennis Hastert, of tions for dozens of families. The result was almost half a century, and it is clear that a the House of Representatives, to our Con- Pinnacle Village—148 town houses with one healthy economic relationship between the gressional American hosts and to Congress- to three bedrooms. This project not only meets United States, Israel, and the Middle East will man Alcee Hastings, who was re-elected the needs of the resident families, it has had be central in the fight for a stable and more President of the OSCE Parliamentary Asso- peaceful world. ciation and who invited us to share an out- a positive impact on the surrounding commu- standing visit to George Washington’s home nity. Mr. Speaker, I am proud to serve as the on Mount Vernon on the Potomac. Our hosts Mr. Speaker, I am pleased to congratulate current President of the OSCE Parliamentary also invited us to participate in the festivi- the residents, officials, and the staff of the City Assembly, and delighted to have been elected ties on Capitol Hill for their July 4 celebra- of Pompano Beach whose efforts on behalf of to a second term. The U.S. delegation was at tion, together with over one million Ameri- their city have earned the title of 2005 All- the forefront of efforts to preserve the quality cans. It was a memorable experience for all America City. of the OSCE’s election monitoring activities, of us.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00181 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 EXTENSIONS OF REMARKS 15745 PERSONAL EXPLANATION year, due to unavoidable circumstances, I was shall or shall not enter into the ‘‘kingdom of unable to be present. If I had been in attend- Heaven.’’ Others have hidden behind the cloak of morality as they indulge themselves ance, I would like the RECORD to reflect that HON. TIMOTHY V. JOHNSON and the nation in the sin of homophobia that OF ILLINOIS I would have voted in the following manner on crucifies fellow human beings. There are IN THE HOUSE OF REPRESENTATIVES these bills: those religious leaders and institutions that Tuesday, July 12, 2005 On H. Con. Res. 168—Condemning the have announced unjust wars and carry the Democratic People’s Republic of Korea for the cross before armies that destroy the inno- Mr. JOHNSON of Illinois. Mr. Speaker, un- abductions and continued captivity of citizens cent and plunder the earth. fortunately yesterday, July 11, 2005, I was de- of the Republic of Korea and Japan as acts of There are many Black church leaders who layed in the Cincinnati Airport due to a me- terrorism and gross violations of human rights salivate in the midst of this new Christian chanical failure of my plane, a parts swap, and I would have voted ‘‘yea.’’ inquisition for just thirty pieces of silver re- a new plane having to be brought in for my On H. Res. 333—Supporting the goals and warded by the Caesar of faith-based oppres- flight from Cincinnati to Washington. There sion. All have made us understand how privi- ideals of a National Weekend of Prayer and leged we are that the (Reverend) James were no other flight options for me to arrive in Reflection for Darfur, Sudan I would have Washington before the votes occurred on H. Forbes administers to our soul and can never voted ‘‘yea.’’ be charged with patriotic treason. Con. Res. 168 (Rollcall No. 363) and H. Res. f Riverside Church has generously yielded 333 (Rollcall No. 364). Had I been here to its pulpit to many of the greatest thinkers of cast my votes, I would have voted ‘‘aye’’ on THOUGHTS ON LEADERSHIP AND the 20th century. It has blessed and em- both H. Con. Res. 168 and H. Res. 333 and AFRICAN DEVELOPMENT braced all those, regardless of faith, who wish the RECORD to reflect as such. have come here in defiance of the tyranny of As a member of the Human Rights Caucus HON. CHARLES B. RANGEL the State. Powerful voices have been heard in these walls, which speak out against in- and a stern believer that every human being OF NEW YORK has certain irrevocable rights, I stand in strong justice and bring truth and humanity to re- IN THE HOUSE OF REPRESENTATIVES bellious cause. This cathedral inspires favor of both of these pieces of legislation. We Tuesday, July 12, 2005 change in a world that hungers for more cannot and should not stand by as gross than the food of the body; it hungers for human rights violations such as the Mr. RANGEL. Mr. Speaker, the plight of Af- leaders with voices of courage that will pro- kidnappings in Korea and the genocide in rica has been the focus of much public dis- vide food and moral plenty for the soul. In Darfur continue. I applaud my colleagues, course in recent months. The G–8 made com- this place, we once gather to honor truth. Representative HENRY HYDE and Representa- mendable progress on the issue of African de- After centuries of oppression and destructive DONALD PAYNE, for introducing these bills velopment in its Summit, but there is still much tion, Africa, the greatest resource in the and bringing them to the floor for our consider- to be done. On a recent trip to the United building of the empires of the world, has States, Nelson Mandela visited the Riverside found no kindness from her conquerors. No ation. one came to her with a Marshall Plan. She Almost 3 years ago North Korean leader Church in New York City to thank the Amer- has found no generosity from the banks of Kim Jong-Il admitted that North Korea had or- ican people for their support in helping South her bleeders, Quite the contrary. Africa se- dered abductions of Japanese citizens and Africa overcome apartheid, but also to remind verely hemorrhages from the burden of the promised that it would never do so again. us that Africa still faced enormous challenges. financial debt she carries. She cannot even However, evidence has surfaced that the The Riverside Church where Mr. Mandela repay the interest on the debt. North Korean government has continued to spoke has long been a leader within America’s In many places, the continent suffocates order the abductions of numerous foreign citi- faith community in bringing attention to various from the pollution of decaying bodies that zens and has placed these captives, along issues of social justice, even when the cause have died from violence. Americans and Eu- was not popular. The Church was a major ropeans often view nuclear bombs, germ war- with prisoners of war, in forced labor camps. fare, chemical weapons, poison gas and To stand by and do nothing in response to center of activism during the antiapartheid planes crashing to buildings as the only these gross violations of human rights is un- movement, and had hosted Mr. Mandela on weapons of mass destruction. But for Africa, thinkable and this bill clearly states to Kim his first visit to the United States after being with 15 million of her people dead and mil- Jong-Il and the North Korean government that released from prison in 1990. lions more wounded, handguns, automatic ri- the United States will not let this continue. While Mr. Mandela won his fight against fles and land mines are added to the list. The I am also pleased that we were able to de- Apartheid in South Africa, he is still waging a great irony is that Africa does not have the bate H. Res. 333. I have been a huge sup- battle against the many problems that face the capacity to mass-produce weapons. America porter of our past funding for aid to Darfur and African continent. The beginning of the 21st and Europe, however, sell her all the arms required while vigorously fueling the condi- our condemnation of the genocide occurring century sees an Africa affected by widespread tions that create the demands for them. there and can think of no better way to com- poverty, the HIV/AIDS crisis, and crippling lev- For Africans, poverty, ignorance and illit- pliment these actions than by praying for and els of debt. Mr. Mandela, through his Mandela eracy are also weapons of mass destruction. reflecting on this horrible situation. The better Foundation, is fighting to address these critical These realities, coupled with 27 million peo- we personally understand this situation, the issues. ple infected with HIV/AIDS and 10 million better we as a Congress will be able to re- On that note, I submit for the RECORD a children orphaned by the disease, ravage the spond to and prevent situations such as these piece from the July 5th edition of the population. And all of the sins attributable from occurring in the future. As a man of faith, CaribNews. The piece is by Harry Belafonte, to Africa’s pain, global indifference is the greatest offender. I will stand with my family, my colleagues, and the internationally known entertainer and activ- But a maturing Africa is coming together fellow citizens and pray for the people of ist, and was used to introduce Mr. Mandela at in ways that are different than before. She is Darfur and reflect on the ongoing atrocities the Riverside Church event in May. The words making choices that are African choices. that they face on a daily basis. of this introduction provide us ample food for The Africa on the horizon will have no toler- Mr. Speaker, thank you again for allowing thought as we continue the still unfinished cru- ance for colonial status in the World Bank me to express my support for these two bills sade for African development. and the International Monetary Fund’s economic slavery system, a system that, while as I was unfortunately delayed on my way to RIVERSIDE CATHEDRAL, A PLATFORM FOR Washington. admitting to its share of guilt, defined as TRUTH ‘‘mistakes of the past’’, stays tragically ad- f A SEARCH FOR AFRICA’S DEVELOPMENT AND THE dicted to the same sins of the present. Africa PERSONAL EXPLANATION ROLE OF NELSON MANDELA will no longer endure these indignities. She This (Riverside) Cathedral has vigorously will know a decidedly different future. With embraced its covenant with truth in the this new determination, Africa affirms her HON. JOHN CONYERS, JR. midst of the exodus of so many houses of spiritual, cultural and historical allegiance OF MICHIGAN worship that have in the name of faith and to her decedents in the four corners of the IN THE HOUSE OF REPRESENTATIVES God made treaty with the devil. earth. She is telling citizens of the Diaspora Tuesday, July 12, 2005 Riverside Church has given us reason to that they are first and foremost citizens of believe in speaking truth to power. Many the continent and saying to them, ‘‘Come, Mr. CONYERS. Mr. Speaker, I rise today to have claimed to be keepers of the flock. for by right of birth and of struggle and our enter into the RECORD that on July 11th of this They have declared their right to pick who common history, you are of us.’’

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00182 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15746 EXTENSIONS OF REMARKS July 12, 2005 Most of this vision set in motion by the en- placed near the railroad crossing by the grace worked side-by-side with their parents trance of the Democratic Republic of South of God. Mr. Speaker, through the grace of Gaetano and Livia as they wrestled a living Africa into the arena of democratic nations. God, America is blessed to have heroes such from the land through hard work and persever- The African National Congress commits itself and the nation to the development, as these men, and I am honored today to ance. Their stunning 286-acre ranch on the welfare, peace and dignity of the entire con- commend them as heroes whose courage and Silverado Trail was purchased by Angelo’s fa- tinent and other nations in the world who selflessness should serve as an example to all ther in 1932 or the princely sum of $22,000. are in need. Its voice speaks for all to hear Americans. As the economics of agriculture evolved over that this 21st century will be Africa’s cen- f the next fifty years, Angelo and his family tury. transitioned their love of labor and land from Rolihlahla Nelson Mandela has stood here IN RECOGNITION OF HORACE L. dairy to prunes to beef and ultimately to pre- (at Riverside) before. From this Cathedral DICKERSON, JR. mium wine grapes. Throughout this entire our nation was inspired when he spoke of his vision for the future of his South Africa. time, Angelo and his family remained pillars of Through the guidance of his political genius HON. CHARLES W. BOUSTANY, JR. their community for their contributions to the and the compelling force of his moral au- OF LOUISIANA advancement of agriculture and their work on thority he transformed his nation from a IN THE HOUSE OF REPRESENTATIVES behalf of local youths wanting to pursue future cruel oppressive state into one of the most Tuesday, July 12, 2005 careers in farming. advanced democracies humankind has ever Angelo Regusci began selling grapes door- known. Perhaps the most remarkable aspect Mr. BOUSTANY. Mr. Speaker, I rise today to-door decades before his now famous Stags of this achievement was Madiba and his com- to acknowledge the contributions to our great Leap District started producing coveted $100 rades did this without the violence and ra- country by a fine public servant who has self- bottles of Cabernet. He and his brother-in-law cial upheaval the world anticipated. During lessly given his time and talents to help his the time of his presidency, he transformed sold grapes by the ton to first and second- his countrymen’s mood for revenge into one fellow man. Horace L. Dickerson, Jr. has generation Italian, Portuguese, German and whose desire to be a continuing search for served as the Southwest Regional Commis- Greek home winemakers who kept alive the national harmony rooted in truth and rec- sioner for the Social Security Administration custom of making wine at home. I am told the onciliation. since 1997. This position culminated a career price varied from $50 to $70 per ton, depend- Now in the autumn of his winter years he that began in 1971. He has spent the past 34 ing on whether they had to carry the bins comes again to America at a time when our years working with employees that Mr. more than two flights of stairs. nation faces one of the most critical cross- Dickerson fondly refers to as ‘‘his family.’’ roads in its history. Would that our nation Angelo and Mary Regusci have produced could be touched by his humanity and be In his time with the Social Security Adminis- many of the Napa Valley’s greatest resources, guided by his moral vision! tration, Mr. Dickerson has been an out- but their finest contribution to our community (Harry Belafonte, the world famous actor, standing example to his fellow employees, tak- has been the wonderful children they have singer and human and civil rights advocate ing care of the needs of the American people. raised and shared with all of us. They should was introducing Nelson Mandela to a large He has always carried with him an innate un- be extremely proud of Jim, Joe, Bernadette audience at the Riverside Church during the derstanding that the institution he worked for and Martha. South African Nobel Peace Prize winner’s re- was charged with an important public duty. To cent visit to New York City.) Mr. Speaker and colleauges, it is appro- carry out that mission meant completing every priate at this time that we recognize and honor f task at the highest standards achievable. Angelo Cesare Regusci for his contributions to JERRY HALE AND DAVE BRAGG His work ethic is to be admired and we can American agriculture and for being awarded only hope duplicated. He fostered communica- the 2005 Napa County Farm Bureau HON. MIKE PENCE tion between his employees and encouraged Agriculturalist of the Year. OF INDIANA teamwork to produce outstanding results for f IN THE HOUSE OF REPRESENTATIVES the people he serviced. He retires with the admiration of his co- PERSONAL EXPLANATION Tuesday, July 12, 2005 workers and a grateful administration. On be- Mr. PENCE. Mr. Speaker, on the quiet after- half of the people of Louisiana’s 7th Congres- HON. RICHARD W. POMBO noon of July 7, 2005 in Parker City, Indiana, sional District and the American public, I thank OF CALIFORNIA Tim Hammer, who is paralyzed and wheel- Horace L. Dickerson for his years of public IN THE HOUSE OF REPRESENTATIVES chair-bound, was crossing a set of railroad service. Tuesday, July 12, 2005 tracks on Franklin Street. Almost immediately f after he began to cross the tracks, the traffic Mr. POMBO. Mr. Speaker, on July 11, 2005, arms lowered to signal an approaching train. HONORING ANGELO REGUSCI OUT- I missed two recorded votes. I take my re- Hammer’s wheelchair hit a rough spot and he STANDING AGRICULTURALIST OF sponsibility to vote very seriously. Had I been was thrown to the ground. At the same time, THE YEAR present, I would have voted ‘‘yea’’ on H. Con. Jerry Hale and Dave Bragg of Parker City Res. 168, a resolution condemning the Demo- were repairing an herbicide sprayer about fifty HON. MIKE THOMPSON cratic People’s Republic of Korea for the ab- feet from the railroad crossing. Hale and OF CALIFORNIA ductions and continued captivity of citizens of Bragg saw Hammer lying on the tracks unable IN THE HOUSE OF REPRESENTATIVES the Republic of Korea and Japan as acts of to move and the freight train approaching the terrorism and gross violations of human rights, Tuesday, July 12, 2005 crossing at approximately 55 miles per hour. rollcall No. 363; and ‘‘yea’’ on H. Res. 333, a In an instant, Hale and Bragg dropped their Mr. THOMPSON of California. Mr. Speaker, resolution supporting the goals and ideals of a work and sprinted to the crossing where they I rise today to honor Angelo Regusci who has ‘‘National Weekend of Prayer and Reflection pulled Hammer to safety just seconds before been named the 2005 Agriculturalist of the for Darfur, Sudan’’, rollcall No. 364. the train barreled through and crushed his Year by the Napa County Farm Bureau. f empty wheelchair. I have had the privilege of knowing the Hale and Bragg should be commended for Regusci family for nearly all of my life. Angelo, PERSONAL EXPLANATION their feats of courage and the nobility of pur- the family’s patriarch, has spent the last eight pose behind their actions. These men risked decades as a dairyman, cattle rancher, farmer, HON. JO BONNER their lives in order to save the life of a strang- businessman, viticulturalist and winemaker in OF ALABAMA er during his moment of need. Their actions the heart of the Napa Valley’s Stags Leap Dis- IN THE HOUSE OF REPRESENTATIVES on July 7th speak volumes about their good trict. Mr. Regusci, as I always referred to him character and the high regard with which they while growing up just a short distance from his Tuesday, July 12, 2005 hold human life. family’s ranch, is a man of great talent and Mr. BONNER. Mr. Speaker, on Monday, After the incident, Hale and Bragg stated practical wisdom. July 11, 2005, I was absent for votes because that they were uncomfortable with being called Mr. Regusci grew up living the hardscrabble of my inability to travel due to Hurricane Den- heroes and believed that they had been life of rancher’s son. He and his sister Isabella nis which hit the State of Alabama on July 10,

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00183 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 EXTENSIONS OF REMARKS 15747 2005. I missed rollcall votes Nos. 363 and Rowlette will be remembered for his spirit of ator’’ and is still the longest serving senator 364. Had I been present for votes, I would service, patriotism and dedication to our na- from St. Croix. Married to childhood sweet- have voted ‘‘yea’’ on Nos. 363 and 364. tion. On the occasion of his retirement, I wish heart, Bodil Tornoe for 63 years until her f to extend my best wishes to Colonel Rowlette, death in 1999, Lawaetz had three sons, Hans, his wife Janet and their children Robert and Bent and Frits (deceased) who followed his RECOGNIZING THE SERVICE OF Meredith. footsteps in agriculture and community serv- COLONEL ROBERT A. ROWLETTE, f ice. JR. Mr. Speaker, Senator Lawaetz received THE HONORABLE FRITS E. many honors and commendations in his distin- HON. ANNE M. NORTHUP LAWAETZ guished life including being named to the OF KENTUCKY order of the Commander of the Danneborg be- IN THE HOUSE OF REPRESENTATIVES HON. DONNA M. CHRISTENSEN stowed on him by the Queen of Denmark who Tuesday, July 12, 2005 OF VIRGIN ISLANDS he hosted on her visit to the Virgin Islands in IN THE HOUSE OF REPRESENTATIVES May, 1976. He was named to the ‘‘Personal- Mrs. NORTHUP. Mr. Speaker, I rise today Tuesday, July 12, 2005 ities of the Caribbean’’, the International Guide to recognize the outstanding service of Colo- to Who’s Who in the West Indies, Who’s Who nel Robert A. Rowlette, Jr., Commander of the Mrs. CHRISTENSEN. Mr. Speaker, I rise to in American Politics, Who’s Who in the South Louisville Engineer District since July 2002. pay tribute to a native son of the Virgin Is- and South West and the Notable American Colonel Rowlette will retire from active duty lands, affectionately known as ‘‘The Bull from Award. He served as a Delegate to the 1980 with the U.S. Army on September 1st of this Annaly,’’ the Honorable Frits E. Lawaetz, who Democratic Presidential Convention. In 1982, year, with over 26 years of dedicated service passed away early this month. Senator the Lagoon Street Homes in Frederiksted to our nation. Lawaetz was a true legend in our Caribbean were named in his honor in recognition of his A native of Berea, Kentucky, Colonel American territory as a successful rancher, efforts in their establishment and for his many Rowlette was commissioned in the Corps of businessman, legislator, community leader, years of dedication to the people of the Virgin Engineers upon graduation from the University churchman and family man. Islands. of Kentucky where he earned both a Bach- Born in Little La Grange, St. Croix on Octo- Senator Lawaetz also received the Distin- elors and Masters degree in Civil Engineering. ber 5, 1907, Senator Lawaetz was the son of guished Service Award from the Virgin Islands During his military career, Colonel Rowlette’s Carl and Marie Lawaetz. A tall and imposing Chapter of the Boy Scouts of America, the leadership, vision and dedication to duty have figure who was larger than life, Senator Outstanding Service Award from the Holy Trin- contributed significantly to the national de- Lawaetz was fluent in English, Danish, Span- ity Lutheran Church in Frederiksted, and he fense, economic prosperity and quality of life ish and ‘‘Crucian.’’ He was educated in Den- was appointed by the Danish Council Blak of for our citizens. mark and apprenticed to Danish farms until his the Virgin Islands as Honorable Trustee of As Commander of the Corps of Engineers’ return to St. Croix in 1925. He worked in var- Danish Cemeteries on St. Croix. In 2000, a Louisville District, Colonel Rowlette oversaw ious roles in the sugar industry as a cowboy book on his life, entitled ‘‘The Bull From Army, Air Force and DOD military construction and a manager in St. Croix at the La Grange Annaly’’ was written by Priscilla Watkins. projects valued in excess of $350 million an- Sugar Factory and in Puerto Rico at the Mr. Speaker, until recently, Senator Lawaetz nually. Major military installations supported in- United Puerto Rico Sugar Company. could be seen at every significant community clude, Fort Campbell and Fort Knox in Ken- Mr. Speaker, In 1940, Senator Lawaetz be- activity. He will be missed by many. I will per- tucky, Scott Air Force Base near St. Louis, came the General Manager of Estate Annaly, sonally miss his words of advice, or praise or Wright-Patterson Air Force Base in Dayton as owned by the late Ward Canady. There, he caution, whichever he felt was needed and well as Army and Air Force Reserve facilities developed the largest private agricultural con- which was always generously given. His mem- nationwide. Additionally, Colonel Rowlette has cern in the Virgin Islands with a 400-acre ory will always loom large in my mind and in been responsible for comprehensive water re- sugar cane farm and a 1500-head cattle that of the entire Territory. His many contribu- sources and project operations in 76,000 ranch. He was instrumental in developing the tions will endure as a lasting legacy for the square miles of the Ohio River watershed, famous ‘‘Senepol’’ brand of cattle, a world rec- benefit of many generations to come. One can providing flood damage reduction, ecosystem ognized sturdy breed of cattle in 1954. He truly say that the Virgin Islands is a better restoration and commercial navigation. began an export business, exporting bulls place because he passed this way. Colonel Rowlette extended his leadership throughout the Caribbean, helping to improve Mr. Speaker, on behalf of my family, staff well beyond the assigned missions of the the regional stock. and the entire Virgin Islands community I ex- Corps of Engineers by personally participating In partnership with Canady and his eldest tend condolences to his family and friends and in regional events and promoting a strong son Hans, Senator Lawaetz founded Annaly our enduring gratitude for his service to the partnership between Army and civilian engi- Farms in 1964. He formed the Virgin Islands U.S. Virgin Islands, Denmark and the United neers. As immediate Past President of the So- Senepol Breed Association in 1977 and States of America. ciety of American Military Engineers’ (SAME) served on its board until 1988 when head- f Kentuckiana Post, Colonel Rowlette was re- quarters for the association moved to the sponsible for hosting the 2005 Joint Engineer United States and became the Senepol Cattle RECOGNIZING THE Education and Training Conference where Breeders Association with 500 breeders world- CONTRIBUTIONS OF BOB ABBEY more than 1,200 participants came together wide. The association now exports cattle, for professional development. semen and embryos of the hardy breed to HON. JON C. PORTER Prior assignments also reflect Colonel Australia, Africa and the Far East. The Breed- OF NEVADA Rowlette’s commitment to military readiness ers Association has honored Senator Lawaetz IN THE HOUSE OF REPRESENTATIVES and willingness to share his considerable tal- by naming its highest award the Frits Eduard ents for the good of others. His service as Lawaetz Lifetime Achievement Award. Tuesday, July 12, 2005 Commander of the Charleston (South Caro- Mr. Speaker, an avid sportsman, Senator Mr. PORTER. Mr. Speaker, I rise today to lina) District supported our nation’s vital deep- Lawaetz founded the Annaly Athletics in the recognize the contributions of Bob Abbey. Bob draft ports and operation of the Atlantic Intra- 1950s, which sent seven local athletes on to recently announced his retirement from 32 coastal Waterway; as Assistant Professor of play professional baseball, including major years of Government service—25 years with Mathematics at the U.S. Military Academy at leaguers Joe Christopher (Mets) Julio Navarro the Bureau of Land Management (BLM) West Point, he helped prepare our future (Tigers) and Elmo Plaskett (Pirates). alone—a career that all Americans should Army leaders; and while serving in a variety of Serving for 20 years in the Legislature of thank him for. combat battalion assignments he helped pro- the Virgin Islands, Senator Lawaetz was first I represent a State where the Federal Gov- vide the military deterrence necessary for elected in 1954 under the new Organic Act. ernment owns and controls almost 90 percent peace. He served from 1955 to 1970 and then again of our land. Although the U.S. Fish and Wild- A good neighbor and valued steward of our from 1974 to 1979, before retiring at the age life Agency and the U.S. Forest Service over- defense assets and natural resources, Colonel of 71. He was known as the ‘‘People’s Sen- sees parts of Nevada, more than 48 million

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00184 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15748 EXTENSIONS OF REMARKS July 12, 2005 acres of public lands in Nevada were con- example, reported that average CEO coming needed to help developing countries trolled under Bob’s leadership at the BLM for pensation rose 15 percent in the past year, around the world confront the HIV/AIDS crisis. over 8 years—a large feat for anyone to un- while average worker compensation rose a His dedication to spreading democracy has dertake. mere 2.9 percent. And in some cases, lavish also been at the forefront of his agenda. In As Nevada’s BLM Director, Bob was influen- rewards continue to be heaped on executives 1998, he was instrumental in a mission to help tial in ensuring that Nevada’s public lands are with little to no correlation to stock perform- promote the transition to civilian rule in Nige- preserved for future generations by taking an ance or the fiscal health of the company. ria. active leadership role in restoration and con- The Census Bureau’s most recent report Earlier this year, Mr. Annan introduced his servation projects, such as the Great Basin shows that the disparities between high- and UN reform package, calling on world leaders Restoration Initiative. Despite the monumental middle-income and the gap between high- and to be responsible to the global community. His tasks he was often presented with due to the low-income households are the largest (or tied plan included strategies for achieving inter- diverse nature of Nevada’s landscape, Bob for the largest) on record since this data has national development, maintaining security was always able to understand the importance been available. and ensuring human rights. Among these ini- of long-term goals so that our children’s chil- In 1979, the total income of the top 1 per- tiatives was the creation of the UN Democracy dren can someday enjoy ‘‘wild Nevada.’’ cent equaled the income of the bottom 27 per- Fund. The fund promises to promote democ- Thank you, Bob Abbey, for your hard work cent. In 2000, the total income of the top 1 racy throughout the world by providing tech- and dedication as Nevada’s BLM Director. percent equaled the income of the bottom 48 nical assistance to countries seeking to estab- Your love for our State is evident and appre- percent. That ratio still stands today. lish or strengthen their democracy. Mr. Annan ciated, and I join with all Nevadans in wishing People at the bottom of the income ladder has urged Member States to show their sup- you a happy retirement. suffer when they can’t support themselves by port for democracy by financially contributing f their wages. In the end, our entire society to the fund. These contributions will then be pays when those being left behind must rely distributed within the UN Fund for International INCOME EQUITY ACT OF 2005 on government support for food, housing and Partnerships. health care. Mr. Annan’s perseverance has allowed for HON. MARTIN OLAV SABO Income inequality also threatens our demo- international cooperation in spreading democ- OF MINNESOTA cratic principles: Americans hold deeply the racy. So far, twenty-six countries, including the IN THE HOUSE OF REPRESENTATIVES view that every person willing to work hard U.S., have expressed their support to fund. It takes leaders from all over the world to Tuesday, July 12, 2005 should be rewarded. But equal opportunity is undermined when most workers do not fairly deal with global threats and issues. Mr. Annan Mr. SABO. Mr. Speaker, today I introduced share in the wealth created by their work. has taken an important step in holding these the Income Equity Act of 2005. I have long be- To illustrate this point, one person earning a leaders accountable for doing just that. lieved that the growing wage gap in our coun- minimum wage would have to work 11,660 The following CNN article discusses Mr. try is a big problem that we need to address. years to earn what the top-paid CEO made in Annan’s reforms and the UN Democracy Wage disparities between high- and low-in- 2004—which was $120.1 million. This is out- Fund. come households are the largest on record. rageous, and our government should not be in ANNAN: ADOPT U.N. REFORM PACKAGE My legislation would encourage companies to the business of encouraging or subsidizing UNITED NATIONS (CNN)—U.N. Secretary- evaluate their pay scale with a focus on those such disparity. General Kofi Annan has urged world leaders paid the lowest wages. While developing the assembly line and to reconfigure the international body to re- The Income Equity Act of 2005 would do Ford Motor Co., Henry Ford firmly believed flect the world’s population and better en- two things: For tax purposes, companies are that all of his employees should be able to af- able it to tackle environmental and human currently able to deduct reasonable employee rights challenges. ford to buy the cars they were making. His In the speech he delivered to the general compensation from their taxable income—up compensation philosophy didn’t just serve his assembly, Annan urged countries to adopt to $1 million dollars. My legislation would cap employees well. It provided Ford Motor Com- his entire reform package at a summit of the top write-off for a company at 25 times pany with a workforce that had incredible mo- world leaders in September. whatever the lowest paid full-time employee rale, high productivity, loyalty and ongoing re- The report comes five years after the Mil- earns. In other words, if the lowest paid work- cruiting success. lennium Declaration, in which the United er makes $20,000 in a year, the highest salary Mr. Speaker, there is no bad job, just bad Nations pledged to slash poverty rates write-off would be $500,000—25 times the around the world by 2015, and six months be- pay. Removing tax deductions for excessive fore a summit in New York to address lowest salary. But the important part is linking compensation sends the message that Amer- achieving that goal. top to the bottom. My goal is that companies ican taxpayers expect companies to do better Annan described his plan—which gives would be encouraged to evaluate their entire by their workers. equal weight to development, security and payscale—with an incentive to re-evaluate the f human rights—as a comprehensive strategy. lowest salaries paid. ‘‘Specifically, I ask developing countries to My legislation also addresses payment in RECOGNIZING KOFI ANNAN FOR improve their governments, uphold the rule the form of stocks. Our tax code currently has HIS ROLE IN THE CREATION OF of law, combat corruption and adopt an inno jurisdiction over compensation in the form THE UNITED NATIONS DEMOC- clusive approach to development,’’ Annan RACY FUND said. of stock options or unrestricted stock, which is The report, years in the making, comes where most high-paid executives are deriving days before Paul Volcker is expected to issue the bulk of their bounty these days. HON. CHARLES B. RANGEL a report on Annan’s handling of the corrupt I am not suggesting that we limit CEO pay. OF NEW YORK oil-for-food program in Iraq. But Annan denied that there was any link. However, I believe that hard-working Ameri- IN THE HOUSE OF REPRESENTATIVES cans should earn enough money to properly Volcker, a former Federal Reserve chair- feed, house and clothe their families, and Tuesday, July 12, 2005 man, began leading an independent probe of the program for the United Nations almost a American businesses have a role to play. Mr. RANGEL. Mr. Speaker, I rise today in year ago. The idea for the Income Equity Act occurred recognition of United Nations Secretary-Gen- Annan’s proposal establishes a specific to me during a Congressional trip to Mexico in eral Kofi Annan for his outstanding leadership charitable goal for prospering nations. By the early 90s where I witnessed extraordinary in the creation of the United Nations Democ- 2015, he wants developed countries to spend wealth alongside with heart-breaking poverty. racy Fund. .7 percent of their gross domestic income on For years, we’ve been hearing reports of the Under Mr. Annan’s guidance, the UN has official development assistance. growing gap between high wage earners and held leaders of the global community to a And he linked prosperity and the environ- low wage earners. And this year is no dif- higher degree of accountability. In 2001, the ment. ‘‘Our efforts will be in vain if they are resolved by continued degradation of the en- ferent. As reported by many national maga- Secretary-General issued a ‘‘Call to Action’’ to vironment and depletion of natural re- zines in annual executive pay surveys, salary address the HIV/AIDS epidemic and proposed sources.’’ increases continue to be more and more dis- the establishment of a Global AIDS and Annan said he wants the Kyoto Protocol proportionate. Business Week magazine, for Health Fund to stimulate the increased spend- extended beyond its 2012 expiration.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00185 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 EXTENSIONS OF REMARKS 15749 SECURITY COUNCIL SHIFTS of Burns. The lumber company anticipated most renowned entertainment complexes in Annan’s proposals include a recommenda- harvesting 890,000,000 board feet of Pon- the United States. Founded in 1870, Cedar tion to expand the 15-member Security Coun- derosa pine from the nearby Bear Valley Dis- Point has succeeded in providing family enter- cil to 24 to make it more representative of trict of the Malheur National Forest. They tainment for over 135 years. today’s ‘‘geopolitical realities.’’ chose the site of the Warm Spring for the con- Opening on June 12, 1905 to a flurry of ex- He recommends three, non-permanent seats with two-year terms and six new per- struction of a lumber mill because it provided citement, the Hotel Breakers welcomed more manent seats—two from Africa, three from an ice-free log pond. In 1928, the Edward than five thousand visitors to its grand opening Asia and one from Latin America. None Hines Lumber Company of Chicago took over showcasing a hotel complete with running would have veto rights. the Herrick interests of both the railroad and water, quite a feat for 1905. In addition to its ‘‘Five out of the six will come from regions uncompleted lumber mill because of numerous state of the art amenities, the Hotel Breakers and areas that are under-represented.’’ delays in the project. included a decor influenced by the elegance of Those seats would be in addition to the Due to the Hines Company’s strong interest the chateaus of France. permanent seats the United States, Britain, in the area, the Stafford-Derbes & Roy Com- When the Hotel Breakers welcomed its first France, Russia and China hold. Annan also proposed strengthening its pany, a real estate development firm from guests, rooms ranged from $1 to $2 per night human rights mechanisms by abolishing the New Orleans, purchased land from various and a meal cost only 35 cents. While today’s Commission on Human Rights and replacing ranchers and homestead owners to develop prices may have risen, the Hotel now offers it with a smaller, standing Human Rights the beginnings of a new city. This project was over 650 rooms, three pools, a deli, coffee Council. advertised across the country as ‘‘The greater shop, pizzeria and restaurant. Throughout its Among other changes Annan requested Burns development in the Great Harney Val- long history, the Hotel Breakers has also wel- were: ley, it is Oregon’s first made-to-order commu- comed some of our country’s finest guests. Creating a ‘‘Democracy Fund’’ with contributions from member states to provide nity, and one of the first scientifically planned Among its accomplished guest list, the Hotel money and technical assistance to countries cities undertaken in America.’’ Edward Hines Breakers has welcomed Annie Oakley, Abbott seeking to establish or strengthen their de- and his wife designed and planned the new and Costello, John Philip Sousa, and six U.S. mocracy. city around a circular park that was to be, and presidents. Asking all member states to sign and im- still is, the heart of Hines. Mrs. Hines stipu- Throughout its many updates, much of the plement a comprehensive convention on ter- lated that every house be constructed with early twentieth-century charm has remained, rorism, ‘‘based on a clear and agreed defini- slight differences. She wanted this new city to including the stained-glass windows, designed tion’’ of the term. look different from other mill towns. In 1929, by Louis Buser of Tiffany’s and which continue Strengthening the rule of law, human rights and democracy and clarifying when Edward Hines ordered the first 150 homes to grace the lobby. With its history, and newer the use of force is necessary. built for his employees who were due to arrive amenities such as sitting areas, an arcade and Reforming the secretariat to make it more within a year from Minnesota and Mississippi. three gift shops, the Hotel Breakers is much transparent, and buying out some employees In December 1930, the City of Hines was in- more than a night’s stay, it is an experience. and replacing them with staffers who have corporated. The first officers to serve the city Mr. Speaker, the real success of the Hotel the skills necessary to implement his pro- were selected, and by 1931 they had their first Breakers comes not only from the elegance of posals. elementary school and post office. For the its facilities, but from its employees. The man- Pursuing the establishment of a worldwide agement and staff of the Hotel Breakers have early warning system for natural disasters. next sixty years, Hines Lumber and its em- ‘‘What’s needed now is not more declara- ployees prospered in this hidden oasis of the indeed provided their guests with the service tions or promises, but action,’’ Annan said. high desert. and dependability that are expected of a first- ‘‘I believe my report provides a clear pro- Development slowed when the mill closed in class resort. The staff’s attention to service, gram of action.’’ the early 1990’s. However, the loggers who boundless enthusiasm and loyalty to the his- f lived there were very proud to have worked for tory of the hotel continues to make the Hotel the Edward Hines Lumber Company. Hines Breakers a world class hotel. TRIBUTE TO THE CITY OF HINES, has always maintained its own identity. Even Mr. Speaker, I ask my colleagues to join me OREGON today, its residents are fiercely independent in paying special tribute to the employees and people who pride themselves on being from the legacy of Cedar Point’s Hotel Breakers. As HON. GREG WALDEN Hines and not from the adjacent city of Burns. all who benefit from this fine establishment OF OREGON This strong sense of community and history is gather to celebrate its one-hundredth anniver- IN THE HOUSE OF REPRESENTATIVES evident by the families that still gather in Hines sary of service, I am confident that the good Tuesday, July 12, 2005 City Park, the hub of this pioneer town, as en- people of Sandusky, Ohio, will continue the visioned by Mr. and Mrs. Hines. successes of the Hotel Breakers into the fu- Mr. WALDEN of Oregon. Mr. Speaker, I rise Mr. Speaker, on the occasion of the 75th ture. today to pay tribute to the City of Hines, Or- Anniversary of Hines, thank you for allowing f egon, on the occasion of its 75th Anniversary. me to share with my colleagues the history of Although incorporated on December 8, 1930, this fine town. CONGRATULATIONS TO RODNEY STEPP Hines has a rich history going back to the f 1870s. In 1873, Mr. George A. Smyth was the ear- A SPECIAL TRIBUTE TO CEDAR HON. JULIA CARSON liest recorded settler near what is now Hines. POINT AMUSEMENT PARK ON OF INDIANA THE OCCASION OF THE ONE HUN- He and his immediate family moved from the IN THE HOUSE OF REPRESENTATIVES Willamette Valley to the ‘‘Warm Spring’’ area DREDTH ANNIVERSARY OF THE just south of Hines. Shortly thereafter, two HOTEL BREAKERS Tuesday, July 12, 2005 brothers by the names of William and Montz Ms. CARSON. Mr. Speaker, I rise today to Currey set up their ranch headquarters at a HON. PAUL E. GILLMOR extend my heartfelt congratulation to Mr. Rod- small spring, which is now located in the OF OHIO ney Stepp—a musician par excellence. Al- northwest section of Hines. They had a small IN THE HOUSE OF REPRESENTATIVES though there are many musically talented indi- general store and saloon that was used occa- viduals in the Indianapolis area none compare sionally as a barricade by nearby settlers Tuesday, July 12, 2005 to the abundance of talent, compassion and when rumors of attacks were circulated after Mr. GILLMOR. Mr. Speaker, it is my privi- reputation of excellence. the Paiute Indian uprising in 1878. The Warm lege to pay tribute to a special company in Mr. Stepp was introduced to music by his Spring was also the site of year-round cattle Ohio. This year, Cedar Point Amusement parents at age 4. His parents enrolled him grazing and many buckaroo camps for the fall Park’s Hotel Breakers in Sandusky, Ohio will with the prestigious Jordan Conservatory and spring cattle round-ups. celebrate one-hundred years of dedicated School of music, Butler University, Indianap- In 1924, the Fred Herrick Lumber Company service. olis, Indiana. Imagine the foresight of his par- received a contract to start construction of the Mr. Speaker, Cedar Point Amusement Park ents who believed their son was not too young Malheur Railroad company’s tracks to the City in Sandusky, Ohio is one of the oldest and to begin a career of music superbness.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00186 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 15750 EXTENSIONS OF REMARKS July 12, 2005 Following the dictum: ‘‘Unto whom much is Tragically, despite President Tadic’s firm FOSTERING ADOPTION TO FUR- given, much is required.’’ Rodney has been leadership, dedication, and example, many THER STUDENT ACHIEVEMENT widely acclaimed for his dedication to human- Serbs still refuse to acknowledge the ACT OF 2005 kind. Srebrenica massacre; making his visit perhaps His good work and dedication to community even more momentous. These actions, noble HON. WILLIAM J. JEFFERSON is evidenced by the widespread recognition in their intent are not without dissent and pro- OF LOUISIANA bestowed upon him by: Center of Leadership test back home in Serbia. Serbia’s ultra-na- IN THE HOUSE OF REPRESENTATIVES Development, Entrepreneurship Award 2005; tionalist party, the Serbian Radical Party boy- Tuesday, July 12, 2005 Indiana State Museum Project, Addy Award cotted the Srebrenica commemoration, and 2005; Christian Service Charities, Board of Di- even protested the moment of silence for the Mr. JEFFERSON. Mr. Speaker, I am rectors, 1999–2005, Achievement and Rec- victims, as well as criticized President Tadic’s pleased to join today with my colleagues, Mrs. ognition; Addy Awards for Hoosier Lottery attendance and actions. BROWN-WAITE of Florida, Mr. SNYDER of Ar- Commercials; Ebenezer Baptist Church, Aids Such intense divisions within Serbia be- kansas, and Mr. BOUSTANY of Louisiana, in in- Foundation, Dollars For Scholars; Indiana tween nationalists and democratic reformers, troducing legislation that corrects an inequity Black Expo; Circle City Classic, Indy Parks; unthinkable a few years ago, only serve to unin our Nation’s higher education laws. Larry Conrad Vision Award, Indianapolis derscore that thanks to the leadership of The foster care system in our country is not Downtown Inc.; United Way of America, Excel- President Tadic, and other like-minded Serbs, perfect. However, for all its flaws, it does pro- lence Award; Valley Forge Freedom Founda- Serbia is ready to face the war crimes of the vide some very genuine benefits. For exam- tion Award; Achievement Award United Way past and condemn the heinous and brutal ex- ple, those youth who graduate high school of America and Office of Personnel Manage- termination of Bosnian males in Srebrenica 10 while still in foster care are afforded every opment; Achievement Award United States Post- years ago. portunity to attend college and receive full fed- al Service; and Honorable Discharge United Mr. Speaker, I believe President Tadic’s ac- eral financial aid benefits. States Army 1974. tions should be a sign to the world and the Unfortunately, those who are fortunate Rodney is being celebrated by the Indiana Bosnians alike that there is a profound dif- enough to be adopted into loving homes as History Center on July 14. His honors are ference between Serbia’s citizens and Serbian teenagers are not given this same consider- noteworthy and deserving of acclaim. war criminals; and I know that President Tadic ation. Under current law, children who are On behalf of the U.S. Congress, we salute is firmly committed to bringing those respon- adopted and thus leave the foster care system you Rodney Stepp and we wish you God- sible for war crimes, especially those respon- are not considered ‘‘independent students’’ speed. sible for the Srebrenica massacre, including and are therefore considered for financial aid f General Ratko Mladic, to justice before the based on the income of the adoptive family. This is a barrier for families looking to adopt COMMENDING SERBIAN PRESI- International Criminal Tribunal for the Former older children, but may not have saved for col- DENT BORIS TADIC ON JOINING Yugoslavia (ICTY) at The Hague where they will be tried for their crimes against humanity. lege—and it should be changed. IN THE COMMEMORATION OF This important legislation would adjust the THE TENTH ANNIVERSARY OF I believe that President Tadic deserves the definition of ‘‘independent student’’ to include THE SREBRENICA MASSACRE United States’ respect and support as a demo- foster care youth who are adopted from the cratic and reformist leader in a historically un- foster care system after their 13th birthday. HON. DAN BURTON stable region. He has fought for democracy Accordingly, when the adopted children apply OF INDIANA and equality against the tide or nationalistic for federal financial aid, they will not be penal- IN THE HOUSE OF REPRESENTATIVES fervor unleashed by former Serbian President ized because eligibility would be determined Tuesday, July 12, 2005 Slobodan Milosevic, and in many ways his ac- by the adopted student’s ability to pay, not the tions speak loudly of his leadership and brav- Mr. BURTON of Indiana. Mr. Speaker, I rise ability of his parents to do so. ery. He is leading his country in a bold, new Statistics show that older children who are today to commend Serbian President Boris direction of cooperation with the West and is Tadic for the courage and humility he dis- adopted from the foster care system are more diligently working to ensure Serbia’s integra- likely to attend college, have stable lives and played by attending the commemoration of the tion into the European Union and NATO, as tenth anniversary of the Srebrenica massacre. have a permanent family. Conversely, of those well as partner with the United States. Presi- who ‘‘aged-out’’ of foster care over three Although time has yet to fully heal the dent Tadic represents the future of Serbia and wounds of hatred borne in war, President years: Only 54% had earned a high school di- the Balkans and we should support him in his ploma; Only 14:5 had graduated from a four- Tadic’s actions stand out as a crucial first step struggles and endeavors. I ask my colleagues in the process of peace. His attendance at the year college; and Between 25–44% had expe- to join with me to commend his leadership, rienced homelessness. Srebrenica commemoration was a strong applaud his courage, and renew our commit- It is estimated that approximately 20,000 youth show of statesmanship and a demonstration of ment to peace and stability in the Balkans. his firm commitment to reconciliation in that ‘‘age out’’ of the foster care system each year and, of that number, nearly 30% are incarcer- still unsettled region. f President Tadic’s attendance marked the ated in the first year. Currently, there are first time any Serbian representative attended PERSONAL EXPLANATION 523,000 children in foster care and nearly half the commemoration of the Srebrenica mas- of those children are over the age of ten. sacre. His visit to Srebrenica is an important These statistics show that when given the outreach to the Bosnian people and an appro- HON. ANNA G. ESHOO opportunity to move into a loving home, those priate homage to the thousands of victims who OF CALIFORNIA who are still in the system are more likely to were brutally murdered. President Tadic’s IN THE HOUSE OF REPRESENTATIVES be successful. Making this minor change to presence also demonstrated Serbia’s renewed Tuesday, July 12, 2005 current law can do so much to change the commitment to cooperation and democracy lives of these youngsters and the families and its rebuttal of nationalism and xenophobia. Ms. ESHOO. Mr. Speaker, I was unable to looking to adopt them. But when these teen- His attendance was also marked by his fellow vote on Monday evening, July 11, 2005, due agers are forced to choose between adoption democratic politicians in the Serbian Par- to United Airlines flight 950 experiencing me- and federal financial aid to attend college, the liament in Belgrade who held a moment of si- chanical problems. My plane was forced to re- odds are against them. lence for the victims of Srebrenica. turn to San Francisco International Airport, re- Families who adopt teenagers are remark- The Srebrenica commemoration was not the quiring me to travel on a later flight. able. But these adoptions are rare. This legis- first time President Tadic made a bold state- I would like the RECORD to reflect how I lation is designed not only to create greater ment underscoring his desire to achieve rec- would have voted had I been present: access to college for those who are adopted onciliation. Eight months ago, he personally On rollcall vote No. 363 I would have voted but also to encourage adoption of older chil- apologized to the Bosnian people for any ‘‘yea.’’ dren by creating an incentive—not a barrier— crimes committed in the name of Serbia or the On rollcall vote No. 364 I would have voted to parents looking to add to their family by Serbian people when he visited Bosnia. ‘‘yea.’’ adopting a child out of the foster care system.

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00187 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 EXTENSIONS OF REMARKS 15751 Mr. Speaker, I urge my colleagues to join deceptive financial practices to make a quick Ms. Odie is a wonderful witness to history with me and my colleagues in supporting and buck off of our uniformed service members. and the times. She remembers when women enacting this common sense, bipartisan legis- H.R. 458 does that, Mr. Speaker. As my col- first got the right to vote, having voted for the lation. league from Illinois, Mr. RAHM EMANUEL said, first time herself in 1921. The first vehicle she f it is time to end a culture on military bases and her husband owned was a 1941 Chevy that too often favors financial interests over truck. Up until then, they traveled by horse or MILITARY PERSONNEL FINANCIAL the interests of our troops, their families, and mule. When asked how she rode with a dress SERVICES their futures. I urge our colleagues in the Sen- on, she commented ‘‘Why, side saddle of ate to give this legislation a vote and continue course!’’ However, she never learned to drive HON. LINCOLN DAVIS on with this body’s efforts to protect our serv- an automobile. She remarked that if she ever OF TENNESSEE ice men and women. learned that she would have been a speed IN THE HOUSE OF REPRESENTATIVES f demon. Tuesday, July 12, 2005 Today, Ms. Rich still lives on the old home Mr. DAVIS of Tennessee. Mr. Speaker, I CELEBRATING MS. ODIE RICH place and loves to do gardening and canning. rise today to commend the House of Rep- Ms. Rich is an endearing character that has resentatives for its work on H.R. 458, the Mili- HON. LINCOLN DAVIS provided insight into the past all the while tary Personnel Financial Services Protection OF TENNESSEE bringing joy and happiness to her loved ones Act. Simply put, this bill solves the problem of IN THE HOUSE OF REPRESENTATIVES and neighbors. May God continue to bless Ms. rogue predatory lenders and goes after high- Odie Rich. Tuesday, July 12, 2005 cost abusive lenders who seek to take advantage of the young men and women dutifully Mr. DAVIS of Tennessee. Mr. Speaker, I f serving in our military. Our servicemen and would like to take a few minutes to recognize PERSONAL EXPLANATION women deserve the protection of Congress a remarkable woman and Pickett County, Ten- not only on the battlefield but right here at nessee’s oldest known living resident. home. In times of war it is all too often that Ms. Odie (Riley) Rich was born on Decem- HON. RUSH D. HOLT our military personnel find themselves in ber 10, 1901 in Pickett County, where she has OF NEW JERSEY stressful financial situations and hardships, lived all her life. Ms. Rich is the daughter of IN THE HOUSE OF REPRESENTATIVES through no fault of their own, due to unfore- the late William and Irene Riley. seen call-ups. They are forced to leave good Ms. Odie married A.L. Rich on December Tuesday, July 12, 2005 paying jobs for significantly less money and 23, 1923 when she was 22-years-old. When Mr. HOLT. Mr. Speaker, on July 11, 2005, still provide for their families. This is an incred- asked by her granddaughter, Paula Perry, in I was in my district participating in the first ibly difficult task, like sticking a circle through the local newspaper, where her wedding dress meeting of the New Jersey Flood Mitigation a square. And what do rogue predatory lend- came from, Ms. Rich replied ‘‘I made it my- Task Force. This Task Force is working to ers want to do, Mr. Speaker? They seek to self.’’ help prevent the devastating flooding that oc- prey on these individuals with inappropriate Mr. and Mrs. Rich raised several children, curred for a number of my constituents earlier sales and impositions such as garnishing mili- Dorthena Price, Paul Rich (deceased), this year. Due to the schedule, I missed roll- tary wages, collection calls to a service mem- Eladean Tompkins, Jack Rich, Morris Rich, call votes Nos. 363 and 364. Had I been ber’s chain of command, and deceptive mar- Odell Rich, and Carolyn Long. She has 20 present, I would have voted in the following keting. Congress has the responsibility to grandchildren, 38 great-grandchildren, and 3 manner: rollcall No. 363 ‘‘aye’’ and rollcall No. crack down on unscrupulous lenders who use great-great grandchildren. 364 ‘‘aye.’’

VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00188 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE