November 9, 2005 CONGRESSIONAL RECORD—SENATE 25483 SENATE—Wednesday, November 9, 2005

The Senate met at 9:30 a.m. and was SCHEDULE is extremely important to the State I called to order by the Honorable SAM Mr. MCCONNELL. Mr. President, represent, the State of Louisiana, and BROWNBACK, a Senator from the State today we are going to begin with a 1- to the gulf coast and also to call atten- of Kansas. hour period for morning business, and tion to a small but important victory then we will resume consideration of we achieved this week that I hope will PRAYER the Department of Defense authoriza- signal a turning or a course correction The Chaplain, Dr. Barry C. Black, of- tion bill. We made good progress on that Congress should take to help pre- fered the following prayer: that measure yesterday by disposing of vent the destruction we have seen on Let us pray. a very large number of amendments. the gulf coast in the last several weeks. O God, who reigns forever, You are a Today, we hope to work through the re- Mr. President, you are from Kansas, shelter for the oppressed and a refuge maining amendments, and it is possible and you know the power of tornadoes in times of trouble. Give our Nation that we could finish the bill this and Mother Nature. There is not any- the shield of Your favor that it may evening. The chairman and ranking thing we can do to prevent the fury of bless our world. Guide our Nation’s leg- member are expected to line up addi- nature, but we can minimize the dam- islative branch with wisdom, integrity, tional rollcall votes throughout today, age. We most certainly can use our in- and unity. Strengthen the executive and we will alert Senators as those telligence that God has given us and and judicial branches that they will votes are scheduled. our talent that God has given us and serve Your purposes. Infuse each cit- The majority leader has mentioned the wisdom that He gives us to make izen with a desire to walk on the right several appropriations conference re- wise investments and smart choices road in order to honor You and serve ports that are available or soon will be and try to set priorities that help us this land we love. available. We expect to consider the make good choices for the people we Bless us all with strength of will, foreign operations conference report represent so that we can minimize steadiness of purpose, and power to today or tomorrow and will vote on the their pain and their suffering and we persevere. Remind us that it is better remaining bills as we can clear them can maximize their hopes and their to attempt and fail in some great for action in the Senate. dreams for the future. I believe that is thing, rather than not to try at all. Having said that, Mr. President, we why we are here. I know I have talked Lord, teach us to number our days that look forward to further progress on the with you personally, Mr. President, we may have hearts of wisdom. We Defense authorization bill during the about the reasons you came to the Sen- pray in Your Holy Name. Amen. day. ate and I came to the Senate, and I f I yield the floor. think most of our colleagues share that view. PLEDGE OF ALLEGIANCE f I wish to speak for a few minutes this The Honorable SAM BROWNBACK led RESERVATION OF LEADER TIME morning to remind the Nation and my colleagues about the devastation and the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- I Pledge allegiance to the Flag of the the destruction that occurred only 10 pore. Under the previous order, the weeks ago in one of the greatest cities United States of America, and to the Repub- leadership time is reserved. lic for which it stands, one nation under God, in the United States of America, and indivisible, with liberty and justice for all. f that is the city of New Orleans and the f MORNING BUSINESS surrounding parishes. New Orleans is our largest city in APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- Louisiana, with 450,000 people, but it PRESIDENT PRO TEMPORE pore. Under the previous order, there sits right next to Jefferson Parish of The PRESIDING OFFICER. The will now be a period for the transaction 450,000, right next to St. Bernard parish clerk will please read a communication of morning business for up to 1 hour, of about 60,000, and right next to to the Senate from the President pro with the first half of the time under Plaquemine, which is about 30,000. So tempore (Mr. STEVENS). the control of the Democratic leader or it is a metropolitan area of close to 1.5 The legislative clerk read the fol- his designee and the second half of the million to 2 million people. lowing letter: time under the control of the majority We have never in the history of the U.S. SENATE, leader or his designee. Nation seen destruction such as this. It PRESIDENT PRO TEMPORE, Mr. MCCONNELL. Mr. President, I is unprecedented. It was not, we now Washington, DC, November 9, 2005. suggest the absence of a quorum. know and as I said 2 days after the hur- To the Senate: The ACTING PRESIDENT pro tem- ricanes, the hurricanes that got us, Under the provisions of rule I, paragraph 3, pore. The clerk will call the roll. Katrina and Rita—a double hit, one to of the Standing Rules of the Senate, I hereby The legislative clerk proceeded to appoint the Honorable SAM BROWNBACK, a the southeastern part of our State, a Senator from the State of Kansas, to per- call the roll. category 4 and 5, and one to the south- form the duties of the Chair. Ms. LANDRIEU. Mr. President, I ask western part—but it was our own TED STEVENS, unanimous consent that the order for failings, if you will, that got us stuck. President pro tempore. the quorum call be rescinded. It was the breaching of a levee system Mr. BROWNBACK thereupon as- The ACTING PRESIDENT pro tem- that has successfully protected this sumed the chair as Acting President pore. Without objection, it is so or- city for over 300 years. But because of pro tempore. dered. a lack of investment, because we have f f not set the right priorities in the last several years and over some time, and RECOGNITION OF THE ACTING MINIMIZING DAMAGE FROM because we have our focus abroad and MAJORITY LEADER STORMS not at home, this is the destruction The ACTING PRESIDENT pro tem- Ms. LANDRIEU. Mr. President, I that has occurred, not just in New Or- pore. The acting majority leader is rec- would like to spend a few minutes this leans but in the region, in the south- ognized. morning speaking about a subject that western part of our State as well, and

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

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25484 CONGRESSIONAL RECORD—SENATE November 9, 2005 throughout the gulf coast of Mis- sissippi River, the Louisiana Purchase This is akin to taking a gun and shoot- sissippi. by President Jefferson—when he made ing yourself in the head, when you take Let me show another chart that does a very smart strategic investment. He money out of civil works projects, not have the same kind of picture, but did not waste his money on things that away from cities, away from suburbs, in a more graphic form it shows the would not return a benefit to our coun- away from communities, and spend it number of people who have been af- try, but made the Louisiana Purchase on either tax cuts for people who do fected by this storm and the breaching for 3 cents an acre, the best real estate not need them or on other priorities of the levee systems which occurred deal ever done. But we purchased the that are not as important or on wars throughout south Louisiana primarily. mouth of this river, secured it for na- that we cannot win. It is this low line Not many levees were breached to tional security but also secured it for here, right down here to the lowest per- the north, but there were levee systems commerce. centage, under one-half of 1 percent of that were breached. In Louisiana, 3 Mr. President, it is impossible to get the GDP, that results in devastation million people were affected; in Texas, grain out of Kansas, your State, or Ne- such as this. 802,000; in Mississippi, 1.7 million; and braska, or throughout the great Farm You do not have to have a Ph.D. in in Alabama, 829,000 people. Six million Belt in the Midwest of the United economics to understand this. This is people were hit directly by a storm. States, without using the Mississippi not complicated. I am going to show it Again, Katrina and Rita could not have River and its tributaries. Yes, we can to you again. This is 20 years of dis- been avoided, but I promise you, Mr. manage to get some of it over here to investment, disengagement, pretending President, we could have minimized the east coast and out to our trading that these problems do not exist, pre- the damage and maximized hope if we partners to the east, but moving it out tending we have surpluses when we do had set better priorities and invested here, down south to our trading part- not, and underfunding critical infra- our money better right in this Con- ners in the south and also trade routes structure. When that happens, this is gress with a different choice, a dif- to the east and the west would be im- the result. ferent course than the one set by this possible without the Mississippi River. The 450,000 people who lived in the administration. What do I mean by You would think this Congress would city of New Orleans at one time and that? I will get to that in a minute. pay attention, particularly this admin- the 450,000 people who lived in Jeffer- I also want to show the significance istration that talks about energy inde- son Parish and the 200,000 people who of this region. There were 6 million pendence would pay attention to this lived in St. Tammany Parish and the people affected in this region, but it is energy coast. 60,000 people who lived in St. Bernard not just any region in the country. In addition to an energy coast, you and the 30,000 people who lived in Forgive me, I represent this area, so I can see here the red dots are our ports. Plaquemines Parish—and that is not am quite partial to it. I do know every These are parts of the largest port sys- mentioning the other parishes along other area of this country is spectac- tem in the country—two of the largest. the western part of our coast, Cam- ular and wonderful, and I have visited All of the south Louisiana ports and eron, that is completely destroyed, and many places, but I think anybody look- Houston. If you combined all of the Calcasieu Parish, that suffered, and ing at this chart can understand there ports in Louisiana from New Orleans to Washington Parish, that had not every is something special about Louisiana, the Baton Rouge port, to south Lou- tree fall but every house collapsed or Texas, Mississippi, and Alabama. isiana, that port and the other ports, destroyed in some way or affected in What is special about it is we are the our port system is larger than any port some way by the falling of the trees— Nation’s only energy coast. Most of the system in the North American Con- ask these people whom I represent, was domestic production comes off the tinent and one of the largest port sys- it smart to cut off investments? I don’t shores, basically, of Texas, Louisiana, tems in the world. You would think think so. Mississippi, and Alabama. Yes, we have that we would pay attention to infra- The sad thing is, we have had an an- some important production in the West structure such as this and invest wise- swer. I am not coming to complain. I in shallow plays of oil and gas, but we ly and take some of the money out of am coming to offer a solution which have virtually shut down drilling in this Treasury and invest in protection our delegation has offered, now, decade other parts of the country—in my opin- of the wetlands and in a strong and ro- after decade. We have pleaded, we have ion, not on very good data, but none- bust levee system. held hearings, we have had field trips theless that is a choice that has been But we have not done that. In fact, to Louisiana, we have done fly-overs, made. we have done the opposite. This chart we have formed a national alliance, we The point is that we have continued is a startling summary. It is startling built a coalition of 4,500, an alliance of to supply this Nation at a time when it to me. It is hard to grasp. This is ‘‘Civil industry and environmentalists. We needs oil and gas and needs energy pro- Works Capital Investment as a Per- have done it all. But what we cannot duction. Louisiana has not sat down on centage of Gross Domestic Product,’’ seem to do is get the attention of this the job, Texas has not sat down, Mis- since 1929 to the year 2001. When we in administration and enough members of sissippi has not sat down, and Alabama America, the America I grew up in, the Republican leadership to under- has not sat down. But what has hap- talk about the great investments after stand that smart investments make a pened is this administration and some the war, you can see what we are talk- difference: They save lives, they build parts of this Congress have sat down on ing about. You can see a Nation that hope, they build communities, and the job of helping Louisiana and this was focused on its future. Why? Be- they make a nation stronger. What I energy coast protect itself from the cause it was investing in roads and have asked for and my delegation has kinds of storms that we have seen. bridges and levees and dams and infra- asked for—and I know my time is run- How? By not investing in the wet- structure necessary to lay down the ning out, and I will take 2 more min- lands restoration, which serves as a framework for the greatest explosion of utes—what we have asked for is to re- natural barrier to the great city of New entrepreneurship and scientific dis- direct a portion of offshore oil and gas Orleans and its surrounding areas and covery that before had not been seen in revenues that have been generated off by not investing in the critical infra- the world; almost unequaled in its of our coast, off of this coast where all structure of levees and navigation breadth and its scope. But what hap- these people have been injured. channels and appropriate dredging that pened? Look here. Starting in the There it is. With the oil and gas would help manage water. 1980s, there were new priorities set in being drilled—and has been drilled Water can be a very powerful force Washington. They have been very dam- since 1955—off of this coast, we are gen- for good. You can see here the mighty aging priorities, indeed—slashing crit- erating about $6 billion a year that Mississippi River. Our country, in large ical investments in infrastructure, cut- comes into the general fund. It would measure, became a nation because of ting back on ‘‘nonessentials,’’ trying to be a smart thing and a wise thing right the securing of the mouth of the Mis- ‘‘conserve.’’ This is not conservation. now, a wise action and a smart action,

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25485 to redirect a portion of those revenues What has happened in farflung com- fense Policy Board, a group that ad- to invest in a levee system, in the res- munities in Illinois is that these evac- vises the Pentagon. Chalabi, who was a toration of this Gulf Coast area and the uees have been embraced—and thank guest speaker at this meeting, made a wetlands that protect the Nation’s goodness that happened because other- presentation on the threat from Iraq. great energy port and trade port. wise they tell me they wouldn’t have It turns out that Chalabi was pro- That is my message. We can do bet- known where to turn. When the Gov- ducing information from so-called de- ter. We must do better. We must make ernment should have been there, it was fectors on a regular basis to the high- smarter investments with the money not there. Sadly, we have to step back est levels of the Bush administration— that is in the National Treasury. We do now and take an honest evaluation of most of which turned out to be false. not have to raise additional taxes to do why that happened. Chalabi’s defector reports were . . . flowing this. We have to redirect some of the I know the Senator from Louisiana from the Pentagon directly to the Vice- taxes already flowing into the Treas- shares my belief that if we had an inde- President’s office [Mr. CHENEY] and then on ury to invest to protect the people pendent, nonpartisan commission— to the President, with little prior evaluation along the gulf coast. If we needed to which we have been begging for for by intelligence professionals. share those revenues with other coast- weeks now—to take a look at what That statement was made by State al communities—since by the year 2020, happened, not so much that we can fig- Department intelligence expert Greg two-thirds of the continental United ure out who to blame but so that we Thielmann in the New Yorker. He went States will live within 50 miles of the make sure we never do it again. We on to say: coast—we most certainly are able to do hear complaints about FEMA—a few There was considerable skepticism that. But for Heaven’s sake, let’s get weeks ago in Florida and complaints in throughout the intelligence community about the reliability of Chalabi’s sources, our priorities straight. Texas. We can do better. When it comes to disasters facing America, natural but the defector reports were coming all the We can do better. We can make bet- time. Knock one down and another comes ter decisions. That is what this effort and otherwise, we can do better. I think we need to come together in an along. Meanwhile, the garbage was being is about. We are going to continue on, shoved straight to the President. not complaining but offering solutions. independent, nonpartisan way to make that happen. Ahmed Chalabi was the source of this We are not offering to raise taxes but so-called intelligence garbage about to redirect some of the taxes that we AHMED CHALABI It is almost hard to believe, and im- the situation in Iraq. have to make better choices to build a And then there was the notorious possible to explain, what is going on in stronger Nation and stronger commu- source named ‘‘Curve Ball.’’ Washington today as we honor and fete nities. I ask my colleagues to join us in He should have been given that name Ahmed Chalabi. Who is Ahmed this effort because I know we can get because his information turned out to Chalabi? He enjoys the rank of Deputy this job done. I thank the Senator from be so wrong, so bad, and so misleading. Prime Minister in the nation of Iraq. Illinois for yielding some time this He was another one of the so-called de- But he enjoys a very questionable rep- morning for me to discuss this impor- fectors who provided this information. tant issue. utation otherwise. Ahmed Chalabi, it turns out, was one He was a discredited INC defector to The ACTING PRESIDENT pro tem- of the key advisers to the Bush admin- Germany, code named ‘‘Curve Ball,’’ pore. The Senator from the great State istration before the invasion of Iraq. and the chief source of information on of Illinois. He was so important to the Bush ad- Iraq’s supposed fleet of mobile germ Mr. DURBIN. Mr. President, let me weapons factories which turned out to thank the Senator from Louisiana. She ministration that they paid his organi- zation, through the Defense Intel- be a hoax. ‘‘Curve Ball’’ was the broth- has been through an ordeal, as well as ligence Agency, $335,000 a month to er of a top lieutenant to Ahmad her colleague, Senator VITTER, with sustain his life and his office. Overall, Chalabi. the Katrina damage and what followed. the Bush White House gave his Iraqi Chalabi did not stop with reaching She has been on this floor every day National Congress $39 million over the the highest levels of our Government and in private meetings every single last 5 years, $39 million to this Ahmed and misleading them about the situa- day, exhorting this Senate, both Demo- Chalabi. Ahmed Chalabi is an expa- tion in Iraq. He had his friends in the crats and Republicans, not to forget triate from Iraq, now returned with media. Chalabi was the source of dis- what happened to her home State. It is Saddam Hussein being removed from credited news stories about Iraq, a tragedy that none of us would like to power, and he has been bankrolled by penned by New York Times reporter see befall our own States, and we owe our Government as long as President Judith Miller. In 2001, Miller wrote a it to her to work with the President, on Bush has been in office. His Iraqi Na- front-page story about claims that a bipartisan basis, first, to help the tional Congress was a major source of Saddam had 20 secret WMD sites hid- evacuees and victims; second, to make misinformation and disinformation den in Iraq. It is amazing, the exclusive sure the great city of New Orleans is about the situation in Iraq before our story came ‘‘just three days after the back and running as quickly as pos- invasion. He was the one who was pro- source had shown deception in a poly- sible; third, to make the changes that ducing the evidence that led the ad- graph test administered by the CIA at are necessary to give them peace of ministration to tell the American peo- the request of the Defense Intelligence mind and security for generations to ple there were weapons of mass de- Agency.’’ come. struction. So when they confronted Ahmad I have listened to her time and again There were people who were skeptical Chalabi and asked, how could you mis- come to the floor and talk about health of Ahmed Chalabi from the start. lead the United States with all of this care and education, the basics that Former Secretary of State Colin Pow- bad information, leading to our inva- people need to survive. I worry, as I am ell said, on June 12, 2003, ‘‘I can’t sub- sion of Iraq, 160,000 American soldiers sure she does, that we are going stantiate Chalabi’s claims. He makes risking their lives, over 2,000 killed, he through Katrina fatigue, that we have new ones every year.’’ said ‘‘we are heroes in error.’’ He boast- heard it for so long we want to turn the This skepticism was shared by other ed to the international media that even page and talk about other things. agencies of our Government, but it did if he had misled the United States, he Thank you for reminding us every sin- not stop the leaders of our Govern- had achieved his goal. He got the gle day we cannot turn that page. I ment, under President Bush, from United States to invade Iraq and de- have met with those victims. Some bringing Ahmed Chalabi into the high- pose Saddam Hussein. have come to Illinois. I tell you but for est level meetings concerning Amer- And then what happened? The tables the generosity and compassion of ica’s national security and our policies turned on Mr. Ahmad Chalabi last churches, charities, and local commu- in Iraq. year. In May of last year, the Iraqi offi- nity groups, I do not know how some of On September 18, 2001, Richard Perle cials, with the cooperation of the these families would have survived. convened a 2-day meeting of the De- United States, raided Ahmad Chalabi’s

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25486 CONGRESSIONAL RECORD—SENATE November 9, 2005 offices in Iraq. Why? I will tell you. In hero, we should treat him like a sus- windfall profits tax. I support that. June 2004 Chalabi came under inves- pect in a case that may have endan- Take the money back from these oil tigation for allegations that he passed gered the lives of our troops. companies, give it to consumers across secret intelligence data to Iran. Re- I don’t understand it. We need to call America, fully fund LIHEAP, our pro- member Iran, one of the axes of evil? on the Intelligence Committee as well gram to provide heating sources for the Chalabi is accused of telling the Ira- as the Department of Justice to use the poor in America. Make certain we tell nian Government that the United tools they have to subpoena Ahmad these oil companies no, and stand up States had broken the code it used for Chalabi to make certain he answers the for the consumers who paid these out- secret communications. National Secu- hard questions about how he misled rageous prices. rity Adviser Condoleezza Rice promised our Government into invading Iraq and I yield the floor. Congress a full investigation into these what he did to endanger the lives of The PRESIDING OFFICER. The bal- allegations. our troops and our national security. ance of morning business is controlled The Wall Street Journal reports: Nothing less should be allowed when it by the majority. There is little sign of progress in a Federal comes to protecting our troops. The Chair recognizes the Senator investigation of allegations that Chalabi How much time remains? from Kentucky. once leaked United States intelligence se- The PRESIDING OFFICER (Mr. ISAK- crets to Iran. SON). There is 2 minutes 10 seconds. f If he did this, it is clear he endan- OIL PROFITS gered the lives of our troops, he endan- RATIFICATION OF IRAQ Mr. DURBIN. Mr. President, I close CONSTITUTION gered America’s national security. by saying we also have coming to Cap- Just this week, the Wall Street Jour- itol Hill today a group of oil company Mr. MCCONNELL. Mr. President, nal came out with a story about executives. They couldn’t have come at normally I don’t get an opportunity to Ahmad Chalabi. They went to the FBI a better time. hear my good friend from Illinois, but and said some 18 months later, what is Someone said this is simply theater. I am glad I was here as he gave one of the status of Ahmad Chalabi? Let me I hope it isn’t. It is time to ask hard his appraisals of the situation in Iraq. quote FBI spokesman John Miller, who questions of these oil companies which As Paul Harvey often says, I would like strongly denied that the Chalabi inves- have over the past 6 months dramati- to provide the rest of the story; argu- tigation is languished. He said: cally increased the price of energy for ably, a more balanced view of what is This is currently an open investigation and people across America. People living in going on in that very important coun- an active investigation. Illinois and across our Nation—fami- try. He added: lies, small businesses, farmers—have In fact, freedom has taken another Numerous current and former government been dealing with this oppressive in- giant step forward in Iraq. On October employees have been interviewed. crease in prices. 15 the Iraqi people voted overwhelm- Here we have a man who misled the A lot of blame was pointed, when it ingly to ratify their Constitution. leaders of our Government. Here we came to OPEC, that it is the Saudis; Iraqis turned out in stunning numbers have a man who conceded and boasted they are running up the price of oil. to embrace democracy, tolerance, and that although he misled them, he Well, they did, but that was not the a just rule under law. In fact, they achieved his purpose of getting the reason the price at the gasoline pump turned out in greater numbers than we United States to invade Iraq. Here we went to $3. It went to $3 because of turned out here last November, which have a man accused of selling secrets this: Oil companies are making record was a very high turnout by U.S. stand- to the enemy, to Iran, and endangering profits, record profits over the in- ards—and, of course, most Americans American troops. And where do we find creased prices they are charging to were not afraid they would get shot Ahmad Chalabi today? He is being consumers across America. This chart when they went to the polls. hosted and feted by this administra- is an indication of the billions of dol- Iraqis created a constitutional repub- tion. This man is in Washington with lars they are making. lic in the heart of the Middle East. his motorcade moving around town, ExxonMobil reported record quar- This is an unequivocal victory in the having appointments with Treasury terly profits of $9.9 billion, up 75 per- war on terror. It is the only way we can Secretary Snow and the Secretary of cent from last year. Put the nozzle in assess it. With their votes, millions of State, Condoleezza Rice. Today, he is the tank and watch the numbers spin brave Iraqis rejected dictatorship and going to share his wise view of the on the gas pump; the money from your created a republic. They rejected rule world with the conservative think credit card is going directly to the by fear and terror and embraced rule tank, the American Enterprise Insti- boardrooms of these oil company ex- by the consent of the governed. They tute. ecutives. stood together as a country under one This is a hard story to explain. Hard Senator MARIA CANTWELL of Wash- motto: ‘‘we the people.’’ to explain to the American people; ington has the right idea: We need to Nearly 10 million Iraqis turned out to harder still to explain to American put the oil company executives under vote, a turnout rate of 63 percent. That troops. How can a man who has been oath today, ask them the hard ques- was up from 60 percent last January accused and is under investigation for tions as to whether they have been when they elected their interim gov- passing secrets from the United States profiteering at the expense of the most ernment. That was 3 percent higher to the Iranians and endangering the vulnerable people in America, people than our own turnout here last Novem- lives of our troops and national secu- who get up and go to work every day ber, 60 percent, which was 10 percent rity now be the toast of the town in and cannot afford to fill their gas higher than our turnout here in 2000, Washington, DC? How can a man under tanks; businesses that are languishing, which was 50 percent. Again, I say, active investigation by the Federal Bu- that cannot hire the people they need, those Iraqis, many of them, might have reau of Investigation, a man who has cannot reach profitability, because of been concerned about their safety when not been called for any statement or the profiteering of oil companies. And they went to vote. That was the first any testimony, be this guest at the farmers, already hard pressed in many free election in Iraq in over 50 years highest levels of our Government? parts of our country by bad weather last January. Congressman GEORGE MILLER has and bad prices, find their input costs Furthermore, and very significantly, been involved in this inquiry, as I have. going through the roof because of the turnout among Sunni Arabs increased He has made it clear, and I agree with high cost of energy. dramatically. This is a testament that him, when it comes to Ahmad Chalabi The oil company and lobbyists are all the policy of continued political out- we shouldn’t be serving him lunch, we over Capitol Hill. They are swarming reach to influential Sunni leaders dur- ought to be serving him with a sub- because several Senators, including ing the constitutional drafting process poena. We shouldn’t treat him like a some Republicans, have called for a was a success.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25487 For instance, in the heavily Sunni No surprise. in power from 1979 to 2003. What were province of Salahaddeen in the city of The second stage: Establish an Islamic au- the hallmarks of those 24 years for the Ishaqi, only 300 people voted last Janu- thority . . . in order to fill the void stem- people of Iraq? Over 4,000 political pris- ary in the interim election vote. This ming from the departure of the Americans, oners were summarily executed—one of time around, on the Constitution, on immediately upon their exit and before un- his great accomplishments; 50,000 October 15, 10,000 Iraqis voted. Three Islamic forces attempt to fill this void. Kurds killed, many of them with chem- The third stage: Extend the Jihad wave to hundred in January, 10,000 in October, the secular countries neighboring Iraq. ical weapons; 395,000 people were forced largely Sunnis. This is only one city, to leave Iraq during that 24-year pe- So they clearly not only want Iraq, but the turnout was up dramatically. riod. they want to spread this plague into Many in the Sunni population obvi- They had to get out or be killed. the countries surrounding Iraq. ously decided their interests are best Iraq had no free elections and no free Al-Zawahiri goes on to say: served not by fighting an armed insur- newspapers, and Saddam Hussein stood gency but by joining the political proc- The mujahedeen must not have their mis- above the law. sion end with the expulsion of the Americans 1 ess. from Iraq . . . their ongoing mission is to es- What has happened in the 2 ⁄2 years Not only did Iraqis turn out in record tablish an Islamic state, and defend it, and since Saddam Hussein’s fall from numbers, they also voted to ratify for every generation to hand over the banner power? Iraqis are now innocent until their new organizing document in over- to the one after it until the Hour of Res- proven guilty. They have a legal sys- whelming numbers. The final results urrection . . . Americans will exit soon, God tem. Seventy-five Kurds have been show over 78 percent of Iraqi voters willing. elected to the legislature, as compared said yes to the Constitution. Of Iraq’s Those are chilling words from our en- to 50,000 Kurds getting killed during 18 provinces, 12 voted yes with majori- emies. Saddam’s regime. Over 270,000 of those ties exceeding 94 percent. Three more Their plans are laid bare for all of us Iraqis who had to leave the country—of provinces voted yes with solid majori- to see. They want us to cut and run. the 395,000 who were forced to flee ties, including the province of Bagh- Worse still, they expect it. And then Iraq—have come back home to build a dad. In the Baghdad province, 77 per- they will turn Iraq into a terrorist new free Iraq, and 9.8 million people cent ratified the Constitution. haven. voted on the constitution on October The Iraqi Government decided that Al-Zawahiri realizes that the terror- 15. They weren’t any free elections for for the Constitution to fail, at least ists can never hope to defeat America 24 years under Saddam. They have over three provinces had to vote ‘‘no’’ with on the battlefield. The only way they 100 free newspapers—100 free news- at least two-thirds of the vote. Only can defeat us is by undermining our re- papers in Iraq now. They have more two provinces did that, the Anbar prov- solve with continued suicide bombings, competition probably than we do, with ince and the province I mentioned ear- gruesome beheadings performed for the freedom of speech breaking out all over lier, Salahaddeen. camera, and guerilla sneak attacks, all Iraq. The democratic process in Iraq will brought to American living rooms Hussein, who stood above the law, continue to move forward. Iraqis are through the media. now is on trial, subject to the law in now preparing for another nationwide The terrorists believe they can shape Iraq. election pursuant to the Constitution American policy—policy determined, That sums up the progress that has they ratified. That election on Decem- in part, by this chamber—by killing been made. The 24-year period of terror ber 15 will be for the first permanent Americans, because they have success- is over and a new democratic, free Iraq democratic government in Iraq’s his- fully done so before. In 1983, terrorists is emerging. tory. They will choose 275 members of killed 241 Americans in Beirut, and Before I leave the floor, I want to a council of representatives to serve all American forces were withdrawn from offer my colleagues some words of the people of Iraq. Beirut as a result. bravery from ordinary Iraqis, as an It is odd to me that at such a mo- And America did not take the threat antidote to the al-Zawahiri letter I ment of triumph in that country, there of terrorism seriously after the first read earlier. These are the people who are still those who call for America to bombing of the World Trade Center in defied al-Zawahiri and al-Zarqawi to get out while we can in the midst of 1993, nor did we take it seriously after vote for the free future of their coun- this triumph that is occurring there. the destruction of our embassies in try. What these courageous people have They believe our troop withdrawal Tanzania and Kenya in 1998, nor did we to say should convince anybody that should be arbitrarily based on the cal- take it seriously after the attack on the Iraqis understand and are willing endar rather than on achieving results. the USS Cole in 2000. to pay the price of freedom. In short, they want to cut and run. And The terrorists believe that our deter- Here is what one fellow had to say: until we do, they will endlessly criti- mination to fight them now, after 9/11, ‘I have not forgotten the mass graves and cize our troops’ efforts but offer no al- is the exception rather than the rule. the torture and the killings,’ said Abdul Hus- ternatives of their own. They believe that eventually we will sein Ahmed of Najaf. ‘Five members of my It is important to remember to with- tire, falter, and fail in this fight. family were killed by Saddam and his people. draw prematurely from Iraq, as the We must make plain for them—in a But now, with this constitution, everyone is cut-and-run crowd suggests, would play language they can understand—that equal under the law.’ right into the hands of the terrorists. they are gravely mistaken. Munthir Abbas Elaiwi of Baghdad The terrorists themselves have already America is not going to cut and run agrees. told us that. They have told us what before the job is done. For our own se- ‘[The constitution] will bring all that is they have in mind. In a letter our in- curity, for the security of the Iraqi good for the people, such as stability, democ- telligence forces intercepted, written people, and for the security of the racy and peace. With such a charter, we will by Ayman al-Zawahiri, the No. 2 ter- world, we must defeat the terrorists show the world that we are a civilized na- rorist in the al-Qaida hierarchy, and and leave behind a strong, stable, and tion, not a bunch of ignorant and blood- sent to lead Iraqi terrorist Abu Musab secure democratic Iraq. thirsty extremists.’ al-Zarqawi, we learn that the terror- The terrorists are rightfully scared That is from one of the Iraqis partici- ists’ foremost goal is to drive America because America is fighting and win- pating in the progress. And if any ter- out of Iraq. No great surprise. ning the war on terror. We have made rorists think the people of Iraq do not Here is how al-Zawahiri instructs his incredible progress in Iraq in 21⁄2 short hold their new republic dear, let them partner in villainy: years. heed the words of Munthir’s older [T]he Jihad in Iraq requires several incre- I think we ought to take a look at brother, Naseer Abbas, also of Bagh- mental goals. the progress that has been made. dad. He states quite simply: ‘‘We are The first stage: Expel the Americans from Taking note of this chart, Saddam ready to defend this constitution with Iraq. Hussein came to power in 1979 and was our blood.’’

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25488 CONGRESSIONAL RECORD—SENATE November 9, 2005 Iraqis are our partners in the war on who have served in our armed forces. that still shines bright throughout the terror, and they understand the mag- There is no group of Americans to world thanks to the effort and sacrifice nitude of our shared cause. They real- which we owe more than those who of American soldiers. Today in Phila- ize the power a thriving democracy in have fought to protect the freedoms delphia, a different light is shining, the heart of the Middle East can have that are the very heart of our Nation. once again, in recognition of these sol- as a counter-example to tyrannical re- The truth is that our veterans, both diers and what they have given for us. gimes like Iran, whose President re- past and present, should be honored I commend Mr. Mendte and his col- cently called for Israel to be ‘‘wiped off every day of the year. We would not be leagues at WKYW for bringing atten- the face of the Earth.’’ The Iraqis have here today, enjoying all the blessings tion to this issue and pushing for its embraced liberty, and rejected the we have if it were not for the sacrifices resolution, as well as the residents of homicidal urgings of terrorists. I hope of those who took up arms to defend Philadelphia who responded, in force, my colleagues will join me in saluting America. And so, I rise today to recog- with their support. Most of all, I thank them and their commitment to free- nize the efforts of the residents of my America’s veterans, who have given dom. home state who have fought to ensure more than we can ever repay, and de- Tyrannical leaders who repress their that those who passed away in service serve to be honored and recognized at people much as Saddam Hussein once to our country are remembered, day in every opportunity. The eternal flame did the Iraqis should make no mistake: and day out, with the reverence they at the Tomb of the Unknown Soldier is The people in your country are looking deserve. a fitting tribute, and I am proud to rep- at Iraq and wondering, ‘‘Why not here? The city of Philadelphia, so central resent such dedicated, patriotic citi- Why not now?’’ to the American Revolution, became zens who worked so hard for its res- The terrorists do not have the right the final resting place for thousands of toration. Revolutionary soldiers. Many of these answers to those questions. Americans, Congratulations to all involved in brave men, America’s first patriots, and Iraqis, do. the city of Philadelphia. I yield the floor. were laid to rest in mass, unmarked The PRESIDING OFFICER (Mr. COR- graves throughout the Philadelphia re- f NYN). The Senator from Pennsylvania. gion. To honor these soldiers, and the f millions more who have fought for our Nation since its inception, a war me- U.S. SERVICE MEMBERS’ SUCCESS REVOLUTIONARY WAR TOMB OF morial was erected in Philadelphia in IN IRAQ THE UNKNOWN SOLDIER 1954. Ever since, this monument, Mr. SANTORUM. Mr. President, I Mr. SANTORUM. Mr. President, be- known as the Tomb of the Unknown congratulate the Senator from Texas, fore I talk about the situation in Iraq, Soldier, has stood as a tribute to those Senator HUTCHISON, for her tremendous I want to mention something that has who first made the ultimate sacrifice effort in organizing Members to come gone on in my City of Philadelphia in the name of America. to the floor to tell the other side of which I think deserves recognition dur- During the bicentennial celebration story in Iraq. ing Veterans Day; that is, a situation in 1976, an eternal flame was added to It started with a series of e-mails with the Tomb of the Unknown Soldier the monument. This flame, a symbol of that I received from different people, from the Revolutionary War. That is a the enduring spirit of the soldiers that from constituents to folks who weren’t memorial which was erected in Phila- passed, was to burn continuously in constituents, who complained to me— delphia in 1954. There was an eternal their honor. Yet over time, the flame these are soldiers in-country—that flame added to that memorial back in was neglected and allowed to die out. they were becoming frustrated because 1976 during our bicentennial year. For the last few years, this monument every day they would be out there on About 10 years ago that flame went has stood incomplete, and as a tribute the frontlines in-country, serving, sac- out, and for 10 years the City of Phila- to our soldiers, insufficient. rificing for our country and accom- delphia and the government of the City Thankfully, Philadelphia is a city plishing great deeds and then would of Philadelphia refused to relight it—- filled with conscientious, concerned have to turn on CNN and other news to fix the flame. citizens. On June 6 of this year, Mr. shows and read the clips from the It wasn’t until the efforts of Larry Larry Mendte, a journalist for the CBS American newspapers and see a war Mendte, a journalist for the CBS sta- station WKYW, reported that the flame being described which they were not tion WKYW television in Philadelphia, had gone out. The response from view- seeing. They were not seeing the war as and the work he did in bringing this ers was immediate. The next night, a being an IED every day but seeing, issue to light—other journalists have veteran of the gulf war traveled to the every day, hundreds of thousands of brought this to light in the past—but monument and lit her own flame, a Iraqis working with our American mili- to Larry’s credit, he did not give up. flame that would certainly not wane tary forces to make Iraq a more stable And they continued to run story after due to neglect, thus beginning a can- and safe place. story and hound the city of Philadel- dlelight vigil that would be joined by phia to try to finally fix this monu- many others. I, along with Senator HUTCHISON and ment and fix this eternal flame. Mr. Mendte, along with his col- my colleagues, have decided it is time I wish to give thanks to the veterans leagues at CBS, would not let this to start going around the mainstream community in Philadelphia, to WKYW, story disappear. He tracked down city media and telling the other side of the to Larry, and ultimately I have to con- officials, demanded an explanation, and story. gratulate Mayor Street. After an enor- refused to accept their attempts to I came from a press conference down- mous amount of pressure put on his ad- brush him off. On June 13, merely stairs where I had four civilian inde- ministration, Mayor Street finally de- seven days after the initial story was pendent military bloggers. These are cided to fix the flame. broadcast, the city began the repair people who have been in-country—one Once the flame was fixed, the Na- process. Thanks to the efforts of Mr. is going to be in-country in the next tional Park Service took that flame Mendte, WKYW, and the many con- couple of weeks, one who is the wife of over and will make sure that the flame cerned Philadelphia residents who re- someone who is heading to Iraq—talk- at the Tomb of the Unknown Soldier in sponded to this story, over 100 individ- ing about the military blog, talking the Revolutionary War, where so many uals were able to witness the reigniting about all of the information that is died in the city of Philadelphia, will of the eternal flame on June 29. now populating the Internet, of people burn as an eternal flame. An inscription on the Tomb of the who are actually there in-country, tell- As we all know, this Friday is Vet- Unknown Soldier reads, ‘‘Freedom is a ing their stories, people who are mak- erans Day, a day when Americans pay light for which many men have died in ing a difference every single day in the tribute to the brave men and women darkness.’’ Freedom is a light, a light lives of Iraqis.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25489 One such person is Captain Jim ting in editorial rooms in New York Critics of this war insist that it is Bentzley, who is from suburban Phila- City trying to spin what is going on in America’s presence in Iraq that has delphia, who wrote to me a month and the mainstream of Iraq. created the 450 plus suicide bombers in a half ago. He said: For example, news comes that Amer- Iraq. Did America’s presence in Iraq The reason I’m writing to you about this ica has suffered the loss of 2,048 brave cause the attack on the World Trade mission is because I do not believe that the servicemen and women in Operation Center in 1993? Did our presence in Iraq American public realizes how well we are Iraqi Freedom. The loss of any soldier compel terrorist to attack us on 9/11? working with the new Iraqi military. In my in the cause of freedom grieves us all; The answer is no. It was our existence own shop, the mission could not be accom- especially the parents, wives, husbands in the world that compelled the terror- plished without the help and, cooperation of and children of each deceased loved ists to attack us, time and again. my Iraqi troop-employees. Likewise, I help one. As elected officials, we don’t know them by guiding them through the U.S. mili- These suicide bombers existed and at- tary’s logistics system. I’m also trying to these soldiers as numbers, but as peo- tacked America before, on, and after 9/ educate them past the military logistics by ple, with hopes and dreams, family and 11, and well before Operation Iraqi introducing them to some of my civilian-ex- friends. Knowing them as we do, it is Freedom. perience and U.S. business logistics prac- hard to imagine the loss of any of Frankly, I am stunned that after 9/11 tices: lean logistics and six sigma. Efficiency them. that anyone in a position of power is a new concept for them . . . but I believe As great as the loss is, it can only would assume the peaceful intentions I can get through to them so that when we, compound a family’s sadness to hear of one suicide bomber, much less each Americans, leave this place, the Iraqis will some say that the loss of their loved pick up the mission seamlessly. and every one of the 450 ex-suicide one was neither for the protection of bombers in Iraq. I would like you to visit my operation so America or the freedom of man. Yet we that you can see the way we work with the So I believe that 450 fewer suicide Iraqis and so that the American people can hear it regularly. Critics say Iraq posed bombers does make America safer, and also see. There are a lot of good things going no threat, as there was no link in Iraq our brave men and women in uniform on over here and most of them deal with peo- to the war on terror. Or that securing serving in Iraq have protected America ple and the close relationships that are being freedom in the Middle East is impos- from these cowards. formed—this is definitely not seen by Amer- sible or isn’t worth one American life. On the Marine Corps website is a ica; America only seems to see the darker To those who have lost their loved story about Lance Corporal Dan Wil- side of Iraq. Friendships that will last a life- ones, don’t believe these critics. Don’t liams, a 22-year-old intelligence ana- time are starting here, and they are friend- let those poisoned words take root in ships between former enemies. I realize I’ve lyst from Murrysville, PA with the 1st your heart. Battalion, 6th Marine Regiment cur- only been here, in Iraq, for a couple of weeks, As you hear of the 2,048th soldier but already I consider my Iraqi counterparts rently conducting security and sta- lost, there is another number that close friends. bility operations in and around demonstrates the protection of Ameri- Fallujah. Part of Lance Corporal Wil- Corporal Mindo Estrella, from Erie, cans here, and the preservation of free- liams’ mission is to piece together PA said: dom around the world. And that num- fragments of data on terrorist identi- I like working with the [Iraqi Army] and ber, as best we can ascertain, stood at ties, connections, and locations. This teaching them our tactics. I think that 450 last month. they’ve learned what we are teaching them Over 450 suicide bombers have at- information is used to determine where and one day will be able to take over oper- and when to apprehend these individ- ations. tacked in Iraq. That is over 450 suicide bombers who did not strike at Amer- uals, and what type of threat they may Corporal Estrella reenlisted. in the ica’s homeland, did not strike at our face upon arrival. Since his unit ar- Marine Corps this past October, shortly embassies, our ships, our civilians rived in Iraq in mid-March 2005, Lance after his battalion arrived: in Iraq. He around the globe. It is your sons and Corporal Williams and his fellow Ma- said: daughters who have protected America rines have helped to apprehend dozens I like what I do, It gets rough at times, but from these 450 plus suicide bombers. of insurgent supporters and to unearth nobody made me come out here. I signed the The suicide bomber represents that several weapons caches in the area. contract knowing what I was getting myself greatest threat to America, to democ- As for this fight for freedom, we now into. racies, to civilized society, and to have a democratically-elected con- He reenlisted last month. He said he peace. Stopping suicide bombers from stitution in place in Iraq. Will freedom likes what he does. He feels he is mak- attacking America and our allies is the and democracy take root and flourish ing a difference in transforming the foremost goal of the War on Terror. in Iraq? country of Iraq. Without terrorists, planes, trains, We cannot say right now. But, when LCpl Dan Williams said the same boats, cars, and buses are moving gifts we laid to rest the 1,500 American sol- thing. He arrived in mid-March and has to society. Add a single terrorist, and diers that perished on D–Day in the worked in-country, in Fallujah, to they are transformed into weapons of grave at Normandy, no one could say identify lots of insurgents and is work- mass death and destruction. whether freedom would take in post- ing with the people now. He says he is With one suicide bomber, a stolen Nazi Germany. When we laid to rest getting the intelligence from the peo- van filled with explosives cost the U.S. those 6,891 fallen soldiers at Iwo Jima, ple in the community, where originally Embassy in Beirut 63 lives, including 17 no one could say that militaristic they were hesitant to work with them. Americans. With one suicide bomber, a Japan would become a democratic na- Now most of the intelligence they are delivery truck took out the Marine tion. None of those tens of thousands gathering is from Iraqi civilians who Barracks in Beirut, costing the lives of who fought and died in the hot chapter realize that it is now in their best in- 241 U.S. Marines. With just two suicide of the Cold War knew that freedom terests for their country that they bombers, a small boat hit the U.S.S. would ever arise behind the Iron Cur- want to fight for to cooperate not with Cole, killing 17 sailors. With just four tain, much less survive. And even here the American military but also with suicide bombers, the London subway in America, as we buried the 4,435 lost the Iraqi military in rooting out insur- and buses became the final destination in total at Concord, Lexington, Bunker gents in their country. for 52 civilians. With just 19 suicide Hill, Trenton, Princeton, Bennington, We are making tremendous, positive bombers, four airliners made for one of Cowpens, and Yorktown, no one could steps. America’s darkest days by killing near- say for certain that a government of, I am going to be working, over the ly 3,000 innocent people. for, and by the people would take. But next several months, to make sure that The suicide bomber is the foremost it did. the stories of the people who are on the weapon of terrorism today. So how can Each of those who died in all these frontline, who are fighting the war in anyone say that 450 ex-suicide bombers battles never knew if freedom and lib- the trenches, have their stories told to in Iraq has not protected American erty would result from their sacrifice. the American public and not people sit- lives? Rather, they died for the hope and

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25490 CONGRESSIONAL RECORD—SENATE November 9, 2005 dream that it might exist and flourish, the mindset of the terrorists we are the Iraqi soldiers how to help them- both here and elsewhere for our fellow fighting, and what this war is all selves, how to work the equipment, and man. about. how to counter insurgents who would It is so unfortunate that so often I would like to read Michael’s own wait until children are in the picture critics of this war fail to tell the sto- words describing what happened on before choosing to blow themselves up. ries of success coming out of Iraq; the Saturday, May 14, 2005, in Mosul, just This is an enemy that we must not stories which prove that our U.S. before he took this heartbreaking pic- let stay on this Earth. We must eradi- servicemembers are working with the ture: cate it wherever it is. And we must Iraqis to help them to sustain this new- Major Mark Bieger found this little girl make sure that it does not come to found freedom by helping the strength- after the car bomb that attacked our guys America because if this enemy would en their armies. while kids were crowding around. The sol- wait until children are surrounding our The stories of success from our sol- diers have been angry and sad for two days. They are angry because the terrorists could soldiers to do their heinous crimes, diers and sailors in Iraq need to be just as easily have waited a block or two and what would they do if they came back told. Our soldiers need to know that attacked the patrol away from the kids. In- to America to attack our people? How their bravery and hard work in Iraq is stead, the suicide bomber drove his car and heinous would their crimes be here? not in vain. hit the Stryker when about twenty children Our President is trying to make sure This new chance for freedom in this were jumping up and down and waving at the they do not have that opportunity, part of the world is due entirely to the soldiers. that they will not be able to perpetrate sacrifice of our soldiers and sailors, and Major Bieger, I had seen him help rescue some of our guys a week earlier during an- their horrible and indecent acts their families. other big attack, took some of our soldiers against the people of America on our I say to our servicemen and women and rushed this little girl to our hospital. He soil. Our President is taking every step and your families—Our nation owes wanted her to have American surgeons and to assure that Americans are secure. you our gratitude, and we honor you not go to the Iraqi hospital. She didn’t make So I think it is time for us to stop for bestowing the immeasurable gift of it. I snapped this picture when Major Bieger the partisan bickering. No one in their freedom. We thank each and every one ran to take her away. The soldiers went back to the neighbor- right mind would suggest that this is a of you. hood the next day to ask what they could do. time for America to turn and run. So The PRESIDING OFFICER. The Sen- The people were very warming and welcomed let’s try to work together to make sure ator from Texas. us into their homes, and kids were actually we are doing everything possible to Mrs. HUTCHISON. Mr. President, I running up to say hello and to ask soldiers to help the Iraqi people get on their feet, thank the Senator from Pennsylvania shake hands. hold their elections, and begin the for talking about what our people with Eventually, some insurgents must have re- process of self-government. alized we were back and started shooting at boots on, on the ground in Iraq, are Nothing will eradicate terrorism more saying and what they are seeing. us. The American soldiers and Iraqi police started engaging the enemy and there was a quickly than showing that democracy and I think it is important that we talk running gun battle. I saw at least one Iraqi self-governance can work. That is what our to them about the feelings in America police who was shot, but he looked okay and President is leading our country and our because some people might get a actually smiled at me despite the bullet hole troops in the field to provide: Safety and se- misimpression if they listened to peo- in his leg. I smiled back. curity for the Iraqi people so they can gov- ple who actually put forward the idea One thing seems certain: The people in ern themselves. The Iraqi people are moving that we would cut and run from some- that neighborhood share our feelings about forward with a constitution they have writ- the terrorists. We are going to go back there, ten and they have voted for, which will be thing that was started for all the right and if any terrorists come out, the soldiers followed by more elections of a parliament reasons—to protect Americans. hope to find them. Everybody is still very and leaders who will take this constitution The President, knowing what hap- angry that the insurgents attacked us when and make the laws that will give freedom to pened on 9/11, was determined that he the kids were around. Their day will come. every Iraqi. Freedom is something which was not going to have another terrorist Mr. President, it is stories like this they have not known—many of them—in attack on America with weapons of one that reaffirm why Americans are their lifetimes. It is a worthy cause because mass destruction. That is why we went it will also assure the security of the Amer- so proud of our troops and proud of the ican people in future generations. into the Middle East. We took on Sad- Iraqi people for embracing democracy dam Hussein, who was known to have, and supporting our efforts to defeat Mr. President, I yield the floor. from many different sources, weapons terrorism. U.S. troops are not seen as f of mass destruction. occupiers, as some in our country CONCLUSION OF MORNING So we are there, and our troops are would have you believe. Our soldiers BUSINESS doing a great job. We are building the are standing beside Iraqi forces, and The PRESIDING OFFICER. Morning confidence in Iraq. You can see it from their sacrifice to win the war on terror business is now closed. the people who are voting with their will never be diminished. feet. They are walking to the polls and We are fighting an enemy who is will- f voting. Even under threat of death, ing to make a point of killing innocent NATIONAL DEFENSE AUTHORIZA- they are working to establish a democ- children. There will be no freedom if TION ACT FOR FISCAL YEAR 2006 racy. They are defying the terrorists. we cut and run. We know why we are The PRESIDING OFFICER. Under They know what the terrorists are there, and we will complete the mis- the previous order, the Senate will re- doing to their country, and they are sion. fighting back. And we are going to This story shows so much about how sume consideration of S. 1042, which stand and fight with them, as we prom- our troops feel. And if any person in the clerk will report. ised we would do. this country talks to troops who have The journal clerk read as follows: I want to talk about this picture. It returned from Iraq, they will tell you A bill (S. 1042) to authorize appropriations says more than any words ever could. similar stories about the feelings of the for fiscal year 2006 for military activities of Michael Yon is a former Green Beret the Department of Defense, for military con- Iraqi people. Iraqis often are under struction, and for defense activities of the who has been out of the service for threat of death if they are talking to Department of Energy, to prescribe per- years. He is also a gifted photographer American soldiers or trying to do sonnel strengths for such fiscal year for the and writer. He was embedded in Iraq something productive that would move Armed Forces, and for other purposes. for 9 months earlier this year. He their country forward, such as voting Pending: learned about the area, the people, the on a constitution, which they did in Chambliss amendment No. 2433, to reduce unit in which he was embedded, and droves. They are standing firm despite the eligibility age for receipt of non-regular the situation in Iraq. His photographs the threats. military service retired pay for members of capture an honest and inspiring mes- Our troops are going through the the Ready Reserve in active federal status or sage about our soldiers’ service in Iraq, process of teaching the Iraqi police and on active duty for significant periods.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25491 Ensign amendment No. 2443, to restate barred the Virginia Military Institute from Take a good look at this painting by United States policy on the use of riot con- writing and reciting a prayer before cadets Arnold Frieberg of ‘‘The Prayer at Val- trol agents by members of the Armed Forces. eat their evening meals. ley Forge.’’ Since the time of George The PRESIDING OFFICER. The Sen- VMI and then the Citadel down in Washington and the founding of our ator from Michigan. South Carolina have scrapped their country, there is unbroken historic Mr. LEVIN. Mr. President, I suggest prayers since that Federal court rul- precedent of leader-led prayer sus- the absence of a quorum. ing, though Justice Stevens declared: taining American fighting men on the The PRESIDING OFFICER. The There is no injunction presently barring battlefield through every American clerk will call the roll. VMI from reinstituting the supper prayer. war. In his Farewell Address, George The journal clerk proceeded to call The Naval Academy in Annapolis has Washington said: the roll. also been reviewing its policy. The I consider it an indispensable duty to close Mr. INHOFE. Mr. President, I ask ACLU, the American Civil Liberties this last solemn act of my official life by unanimous consent that the order for Union of Maryland, is calling on the commending the interests of our dearest the quorum call be rescinded. academy to review its practices of country to the protection of Almighty God The PRESIDING OFFICER. Without and those who have the superintendence of leading the students in prayer. them into his holy keeping. objection, it is so ordered. Jeff Jacoby is a columnist for the On the 4th of July, John Adams of Mr. INHOFE. Mr. President, may I Boston Globe who wrote in 1996: Massachusetts said: ask what the regular order is right Have you heard about the Virginia politi- now, what the pending amendment is? cian who wanted references to God injected It ought to be commemorated as the day of The PRESIDING OFFICER. The into the Declaration of Independence? Or deliverance, by solemn acts of devotion to God Almighty. pending amendment is the Ensign about the activist from Massachusetts who amendment No. 2443. urged making the Fourth of July a quasi-re- The centrality of prayer for the pro- ligious holiday? These proposals were made tection of those in peril upon the sea AMENDMENT NO. 2440 220 years ago. Today they would be swiftly and acknowledgment of divine provi- Mr. INHOFE. Mr. President, I ask denounced by the ACLU, the Democratic dence is an official tenet of preparation unanimous consent to set aside the En- Congressional Campaign Committee, and a of the American military. America’s sign amendment, and I send to the desk slew of editorial pages. dependence upon prayer exhibits itself my amendment No. 2440 and ask for its It was just last year that the Ninth before, and in the Declaration of Inde- immediate consideration. Circuit Court of Appeals ruled to have pendence, and in the Inaugural Address The PRESIDING OFFICER. Without ‘‘under God’’ taken from our Pledge of of every President. Congress opens objection, it is so ordered. The clerk Allegiance. each day with a prayer. The tradition will report. We go around, as I do in my State of of prayer continued on June 6, 1944, The journal clerk read as follows: Oklahoma, spending a lot of time talk- when President Roosevelt led the en- The Senator from Oklahoma [Mr. INHOFE], ing to people. I know what we do up tire Nation in prayer during his radio for himself and Mr. FRIST, proposes an here is significant. We pass laws. We address, lifting up our assault forces amendment numbered 2440. have a lot of rules and regulations and the families of those who would Mr. INHOFE. Mr. President, I ask coming out of the White House, out of give the supreme sacrifice in the D-Day unanimous consent that reading of the the various committees, including the invasion. The President did that before amendment be dispensed with. one I chair, the Environment and Pub- the invasion. The PRESIDING OFFICER. Without lic Works Committee, but when you During World War II, GEN George objection, it is so ordered. are on the street, it is the legislating Patton led the famous prayer for favor- The amendment is as follows: from the bench that bothers people able weather during the crucial 1944 (Purpose: To ensure by law the ability of the more than anything else. And certainly Battle of the Bulge, and the weather military service academies to include the taking ‘‘under God’’ out of our Pledge dramatically improved. Patton issued offering of a voluntary, nondenominational of Allegiance is right at the top of that 3,200 training letters to officers and prayer as an element of their activities) list. chaplains in the Third Army to ‘‘urge, At the end of subtitle G of title X of divi- Now, I agree with my friend in the instruct, and indoctrinate every fight- sion A, add the following: other body, Congressman WALTER ing man to pray as well as to fight.’’ SEC. 1073. PRAYER AT MILITARY SERVICE ACAD- JONES, who has led this fight in the EMY ACTIVITIES. That is George Patton. In one of the largest social science (a) IN GENERAL.—The superintendent of a House of Representatives, when he asks service academy may have in effect such pol- the question: research projects in history, the Social icy as the superintendent considers appro- How much longer will we stand by and Science Research Council reported priate with respect to the offering of a vol- allow others to ignore the very God upon after World War II that soldiers se- untary, nondenominational prayer at an oth- whom our Nation was founded? lected prayer most frequently as their erwise authorized activity of the academy, I also agree with the position of the source of combat motivation. From subject to such limitations as the Secretary Concerned Women for America that: 1774 until today, more than 67 Armed of Defense may prescribe. Prayer is essential to the protection of our Forces prayer books have been widely (b) SERVICE ACADEMIES.—For purposes of families, our communities and our nation. and efficiently distributed to our fight- this section, the term ‘‘service academy’’ We believe that the men and women who put means any of the following: ing forces during war, from the Amer- themselves in harm’s way have the right to (1) The United States Military Academy. ican war for independence to the war give public thanks to God and ask for His (2) The United States Naval Academy. on terror we are fighting today. blessings. But some are trying to take this (3) The United States Air Force Academy. A sampling of just two prayer books right away. Mr. INHOFE. Mr. President, even distributed during World War II and Ronald Ray and Linda Jeffrey of Con- the Korean war contain recommended though the Founding Fathers were cerned Women for America recap: very clear and spoke of ‘‘Nature’s God’’ prayers from 34 senior uniformed mili- On July 11, 2005 the Marine Corps Times and of the ‘‘Creator’’ in the Declara- tary authorities, including Bradley, Ei- announced the Anti-Defamation League’s re- senhower, MacArthur, Marshall, and tion of Independence, the Federal issued call to cease the traditional noon- courts are increasingly trying to drive Patton. meal prayer at the Naval Academy, and the Former Chairman of the Joint Chiefs, every vestige of faith from public life. Academy’s refusal to surrender. The ADL’s Admiral Thomas Moorer, concludes: On April 30, 2003, came an example demands echo the April of 2003 complaint by from the Fourth Circuit Court of Ap- the ACLU, which could not find a plaintiff to Prayer for the common good and acknowl- pursue a lawsuit. edgment of Divine Providence is a central, peals. official and historic tenet of the combat As the Boston Globe reported it: This is kind of interesting. The leadership preparation for the American Judges bar prayer at public colleges. In a ACLU was trying to find one cadet at Military, particularly officer training and precedent-setting ruling against prayer at a the Naval Academy to act as a plain- particularly in times of national peril or State college, a Federal appeals court has tiff. They couldn’t find one. war.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25492 CONGRESSIONAL RECORD—SENATE November 9, 2005 Our Constitution demands the free- My amendment’s language was in the ator from Oklahoma, No. 2440, that dom to worship freely, and our future House-passed version of last year’s Na- protects the ability of superintendents leaders, our men and women in mili- tional Defense Authorization Act for of military service academies to set ap- tary academies across the country, fiscal year 2005. This year I want to see propriate policies for the offering of may soon be denied that freedom for a recorded vote in the Senate to make voluntary nondenominational prayers which many have died to ensure that clear exactly who agrees with this pro- at authorized events. This is basic. It is freedom for all of us. vision and who does not and to show important. It is the protection of the Last year, 2004, the Supreme Court the strength of support for this provi- practice of religious liberties at our decided not to hear the ACLU chal- sion. While debating this National De- military institutions. lenge to cadet-led prayers at Virginia fense Authorization Act, and hereafter, Prayer in military environments, as Military Institute. VMI, that is where let us honor our heroes and those who well as in public settings generally, has it all started. That decision allowed have returned home and those who sac- come into question in recent years. the Fourth Circuit Court of Appeals de- rificed their lives by standing against This amendment has specific relation cision to stand which prohibited VMI those liberals who would seek to chal- to the 2004 Supreme Court decision not from sponsoring a daily supper prayer. lenge their God-given right to pray to to hear a case regarding the challenge Right after that, the Citadel followed a living Lord. by the American Civil Liberties Union their lead. What I would like to do is yield the to mealtime prayers at Virginia Mili- Supreme Court Justice Stevens floor. First, I ask unanimous consent tary Institute. pointed out in his decision for the ma- that Senator ALLARD be added as a co- This follows on a series of cases for 40 jority not to hear the case that, in con- sponsor of the amendment. years now of an attempt by the hard trast, the Sixth and Seventh Circuit The PRESIDING OFFICER (Mr. GRA- left in America to have a naked public Courts have rejected challenges to non- HAM). Without objection, it is so or- square, to have no recognition of a di- denominational prayer at the college dered. vine authority, to have no recognition level, reasoning that ‘‘college-age stu- Mr. INHOFE. I understand Senator of seeking a divine authority or guid- dents are not particularly susceptible WARNER, our distinguished chairman, ance, but a naked, sterile public to pressure from peers towards con- wants to speak, as well as Senator square. That was not contemplated in formity.’’ BROWNBACK. our Constitution. It called for a separa- I yield the floor and retain the re- It is important to acknowledge here tion of church and state, but not the mainder of my time. that the Sixth and Seventh Circuits, as removal of church from state which is The PRESIDING OFFICER. The Sen- well as the Fourth Circuit, all agree what this seeks to perpetuate. ator from Virginia. The mealtime prayer at Virginia that there is not a problem in our col- Mr. WARNER. Mr. President, I com- Military Institute was a respected and leges and universities. The VMI prayer mend our colleague. This is a very sig- time-honored practice, a military in- was voluntary. Stevens states that nificant and important step that he has stitution that has played a critical role there is no ‘‘direct conflict among Cir- taken. I ask unanimous consent to be in training U.S. military leaders for cuits,’’ relying on the factual dif- added as a cosponsor on the amend- over 160 years. Sadly, the majority de- ferences between the cases in the dif- ment. ferent circuit courts. The PRESIDING OFFICER. Without cision of the Supreme Court not to Justice Scalia writes, however, that objection, it is so ordered. hear the case allowed a decision by the ‘‘the basis for the distinguishing—that Mr. WARNER. The Senator from Fourth Circuit Court of Appeals to this was a separate prayer at a state Kansas asked for a moment or two to stand which prohibited VMI from spon- military college, whereas other cases speak. I shall yield the floor at this soring a daily supper prayer. involved graduation prayers at state point and then follow with my re- However, other circuit courts have nonmilitary colleges—is, to put it marks. I first ask the Presiding Officer rejected challenges to nondenomina- mildly, a frail one.’’ with regard to the time remaining for tional prayer at the college level. And Scalia continues: the proponents of the amendment. we should, too; we should allow this In fact, it might be said that the former is The PRESIDING OFFICER. The pro- prayer to take place. We shouldn’t more, rather than less, likely to be constitu- ponents have 17 minutes 15 seconds re- have a naked public square. We should tional since group prayer before military maining. have a robust one that lifts up faith mess is more traditional than group prayer Mr. WARNER. I thank the Chair. and lifts up the seeking of those to a at ordinary state colleges. The PRESIDING OFFICER. The Sen- higher moral authority. That is the state of the law today. ator from Kansas. Freedom of religion as protected in Currently, they are not praying at VMI Mr. BROWNBACK. Mr. President, I the U.S. Constitution does not require and at the Citadel. There is some prob- thank my colleagues from Oklahoma the removal of all religion from public lem at the Naval Academy. and from Virginia for allowing me to settings. Such secularity is not what Frustrated by the failure to find any- speak on this important amendment. our Founding Fathers envisioned when one in the Naval Academy to serve as This morning, I started my day in the they established religious liberty as a plaintiff, the ACLU now asks the Senate as the Presiding Officer. I start- one of the basic tenets of the Republic. Armed Services Committee of the Con- ed it standing next to Chaplain Black, I support the Senator from Oklahoma gress to take action. My amendment is who is a Navy chaplain. He gave the in his effort to clarify to the judicial designed to send an unsubtle signal to opening prayer for the Senate. We have branch and the military Congress’s un- any court that entertains an ACLU had an opening prayer for many years. derstanding of this fundamental con- suit against the military academies. It I found it inspiring, encouraging. I stitutional right with regard to mili- will stand as an indication of congres- found it uplifting and important that tary academies. This is important. It is sional intent on the matter. That is we open this body with a prayer. We do one of those things, as we try to stop important. A lot of times congressional so on a daily basis. As I sat as Pre- this onslaught of the removal of reli- intent is not. However, when it is stat- siding Officer, I looked at the door op- gious liberty, which is what the move ed, when a decision is being made on a posite me. Right above it, on our is about and what the Senator from matter like this, it is significant. It is mantlepiece, we have ‘‘In God We Oklahoma is trying to prevent, the re- that intent that we want to have as an Trust,’’ as we have on our coinage and moval of religious liberties, to allow amendment to the bill today. in our beliefs and hearts. To many the robust practice of religion, non- Judges inclined to back mealtime Americans, we are one Nation under denominational, nonsectarian, yet prayer will be able to point to this leg- God, indivisible, with liberty and jus- seeking that God in whom we trust. islation as an argument for judicial tice for all. I yield the floor. deference to the will of Congress and It is with this in mind that I rise in The PRESIDING OFFICER. The Sen- the executive branch. support of the amendment of the Sen- ator from Virginia.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25493 Mr. WARNER. Mr. President, before Mr. WARNER. Mr. President, if I minor surgery, they have to get paren- the distinguished Senator from Kansas could interject at this time, personally, tal notification. And yet because of the leaves the floor, I want to speak to him my own philosophy is in agreement social difficulty and how much we about another matter. I ask unanimous with the objective. My only concern as wrestle with the issue of abortion, they consent to go off this amendment for a manager of the authorization bill of don’t there, and they are using Federal brief period and charge the time to me the Department of Defense is that I facilities to do this. I think this is from the bill time so I may have a col- cannot let my personal beliefs override wholly appropriate given the use of loquy with my good friend and col- my judgment as to how best to treat Federal facilities. league from Kansas. these families of our military. Remember, too, what we are pro- The PRESIDING OFFICER. Without Mr. BROWNBACK. I understand that tecting here is the right of the parent objection, it is so ordered. my colleague from Virginia and I, too, toward their minor child. If the minor Mr. WARNER. The Senator has sub- have major military bases in our child has a very difficult relationship mitted to me an amendment which is States. Fort Riley is growing in size as with their parents, they can actually in our allocation of 12 amendments re- an army unit. It is a place that has take it separately to the court and not garding the notification that you deem troops all the time in Iraq and Afghani- have the parent get approval to do this. important with military families, stan, so I see this on a personal basis in If I were a military person, I would should they seek to access a military my State. But I also see on a personal want something such as this, that I am hospital for the performance of an basis, if you are deployed there and you in charge of my minor child’s upbring- abortion by a young person in that have a minor child who is seeking an ing, and particularly when it comes to family. Am I generally correct about abortion, that you as the father or surgery and something that is so im- that? mother want to be notified about that, portant and difficult as an abortion. Mr. BROWNBACK. That is correct. and we provide this to be done tele- This is for the personnel. Mr. WARNER. In studying the phonically so a person does not have to Mr. WARNER. Mr. President, I en- amendment over the night—now it is be present. The court itself would have gaged my colleague to set forth my not the pending amendment, but I to establish witness or evidentiary concerns to other Members who are want to bring these issues to the atten- standards if they want somebody to be trying to evaluate their positions on tion of the Senator, in fairness. The present to be able to determine that this amendment, should it come for- Senator, though, appreciates that so this person is there, is the actual one ward, and I anticipate at the appro- many of these families, particularly who is seeking this. priate time the Senator will be intro- those abroad, are often separated be- We also provide a system in here that ducing it. I question is there any prece- cause a spouse, male or female, as the a guardian is appointed if needed, and dent in Federal law for requiring pa- case may be, the serving member in that can be done by the district court rental notification, for example, in uniform, could be detached from the without the approval of the parents, Medicare, Medicaid, or Federal em- family homesite and sent into other but they have to go through that pro- ployee health programs? I have to move on to this amend- areas of the globe for periods of time to cedure to be able to get this done. ment, but it is a series of very impor- perform missions. For example, there We have worked to try to make this tant fundamental questions that has to is a number of families resident in Eu- work with personnel. I think it is going be addressed in the context of the Sen- rope whose spouses are then part of to happen in a limited number of set- ator’s amendment, despite my own per- cadres of individuals going into the tings, but it will happen. It is a Federal sonal view that I associate myself with Iraq situation, some into the Afghan issue because it is Federal property, the Senator about the parental con- situation. That poses some difficulty, Federal employees, and it is something sent. Consistently I have voted for that as I see it, in trying to work out a com- I think we should do for military per- here, but I have an overriding responsi- munication between family members, sonnel so they are in charge of their bility for the men and women in the which communication is relative to life child’s upbringing, and particularly on military, and this is very unique. and death, and very important. something such as this of a significant So I put this aside at this time, Mr. I am concerned that we are reaching medical procedure of an abortion. So President, and return to the Inhofe down to a very small number of indi- we try to take into consideration the amendment. I thank my colleague. viduals, i.e., the military families, and very legitimate concerns of the Sen- Mr. BROWNBACK. If I could respond could be imposing upon them, should ator in putting this forward. to the last question. No, not Federal this amendment be adopted and be- Mr. WARNER. Mr. President, again, I employees involved in Medicare and come law, a difficult situation. I am of strongly support the principle and the Medicaid, the other situation. We are an open mind, but I am concerned goals the Senator is seeking, but I have talking about Federal employees on about having that type of legislation to be mindful of the practicalities of Federal military facilities. We are try- on this bill. military life. It is so different than the ing to protect the parents’ rights in Mr. BROWNBACK. If I could respond families who are in our several States, this, which the chairman did not dis- to my colleague—— wherever they may be, and that, of pute, but others may dispute, and we Mr. WARNER. And then if the Sen- course, brings up another question. still need to provide another procedure ator would address also the issue of the Suppose this particular military fam- for the child to go outside the parents’ U.S. Federal district court being a par- ily’s members are residents of a State, rights. I think this is important, and ticipant in this situation. which State thus far has not addressed we have tried to make it workable Mr. BROWNBACK. This is a simple this issue. This State has no require- within the military system. parental notification bill which we ment for the parental consent in that I thank the Senator. brought up last time on the Depart- State, yet they are now being subjected Mr. WARNER. I thank my colleague. ment of Defense authorization bill and to a Federal law which, of course, We are going to move swiftly today, agreed to take it on last year because would have supremacy over the State and issues could be brought up with of desires to move the bill forward. We law. But is that not an invasive prac- very short time limitations on debate. have worked on it a great deal. What it tice in the States rights? That has allowed me the opportunity is about is if a child, a dependent of Mr. BROWNBACK. Again, it is a le- to express my serious concerns that I military personnel, seeks an abortion, gitimate question the chairman asks in will have to address in the context of they have to get parental notification, these troubling areas. We don’t seem to this amendment as the day progresses. which most Americans support. Most have difficulty with this in any other I ask unanimous consent we go back Americans believe if their child is medical procedure a minor child would to the amendment by the Senator from seeking a medical procedure of any ask for, that they have to get their Oklahoma, Mr. INHOFE. type, they should have parental notifi- parents’ notification. If a child lit- The PRESIDING OFFICER. Without cation take place. erally in many places has even very objection, it is so ordered.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25494 CONGRESSIONAL RECORD—SENATE November 9, 2005 AMENDMENT NO. 2440 noon period, although we will not stop ment in the hopes what differences re- Mr. WARNER. Mr. President, I want consideration of the bill at the time main could be reconciled so this to again thank my colleague from but would continue. But I hope that amendment could be included as part Oklahoma. I think it is a very impor- amendment could be agreed to. of the managers’ agreed-upon package. tant amendment. I see the distinguished ranking mem- Mr. President, let the record reflect Mr. President, this is an issue that ber. we are not calling this amendment up must be carefully balanced, the con- The PRESIDING OFFICER. The Sen- within the context of the UC which stitutional guarantee of free exercise ator from Michigan. controls the overall procedure of this of religion and the constitutional pro- Mr. LEVIN. Mr. President, I appre- bill but that the two Senators are sim- hibition against the establishment of ciate the chairman’s comment. I do ply having a colloquy, which is fine. religion. But it is a longstanding tradi- hope and believe that Senator REED Mr. CRAIG. Mr. President, that is, of tion at these academies, and I think will in about half an hour be able to ad- course, the order. I thank the chairman the amendment is carefully drafted to dress the issue. I can’t commit to a for correcting us in that because we are strike a balance in those two impor- vote, however, as indicated by the operating on the broader bill, the un- tant considerations. chairman. I believe there is some derlying bill, under a UC. This amendment was brought forth Moreover, this amendment deals with scheduling issue on this side which with the hope that both sides could ac- the particular circumstances and envi- may preclude a vote at the time hoped cept it. Our side has accepted it. I ronment that exist at our service acad- for by the chairman. But let me work worked with the ranking member, Sen- emies, those honored institutions with that issue the best I can as to when the ator LEVIN, to resolve a couple of issues long and storied traditions that have vote would come on this amendment. in it that I think can be accepted. In the mission of training our next gen- I believe Senator CRAIG may have an that case, I hope it will appear in the eration of military leaders. A part of amendment—— managers’ amendment. that mission is now and always has Mr. WARNER. Mr. President, before We would include in the amend- been the development of moral char- we depart, I hope the Senator could ment—and we are discussing those who acter and the appropriate respect for share with me and the Republican lead- are eligible to be buried in military religious beliefs and needs of others ership, with the understandable im- cemeteries. We have a prohibition now who are entrusted with their leader- pediments our two leaders have, with against those with a Federal capital of- ship. regard to votes and scheduling them. fense lying at rest in our military I must draw a little bit on my modest We want to try to—— cemeteries. We found this summer that experience in service on active duty in Mr. LEVIN. I hope we could stack an individual who had been convicted periods of two wars. I can tell you my votes at some point, including a vote of murder in two instances in Mary- own observation of the importance of on the Inhofe amendment with a sec- land, serving his life sentence in a religion to individuals, particularly ond-degree possibility and also—— Maryland prison, died and was buried those serving overseas, and the hard- Mr. WARNER. And the Ensign in Arlington. We want to correct that ships they endured either from family amendment. by saying that Federal or State law, separation or combat situations or Mr. LEVIN. And the Ensign amend- where the final decision—he is found other difficult problems. It is a very ment as well. I have talked to Senator guilty even under appeal—it has to be deep feeling these many individuals CRAIG and you have apparently. a final decision in that instance, and have about their respective religious Mr. WARNER. I have. It is such that that under extraordinary cir- traditions and family traditions in reli- you and Senator CRAIG can discuss that cumstances, even though he might be gion, and it has often been a matter of amendment. convicted, a Governor or a President life and death to some individuals. Mr. CRAIG. Mr. President, may I in- would commute the sentence. That Clinging to those strong beliefs has quire as to the order appropriate that would be the exception. pulled them through difficult situa- we would discuss and bring up this I would be willing to agree to those tions. amendment? two items to be included in the amend- I also stop to think about our acad- Mr. President, I ask unanimous con- ment if that is acceptable to all par- emies. I have had the privilege over the sent that the pending amendment be ties, and we would so craft it that way. years to visit all of them. I think par- laid aside to consider amendment No. The PRESIDING OFFICER. The Sen- ticularly of the Naval Academy and its 2437. ator from Michigan. magnificent chapel. People come from Mr. INHOFE. Reserving the right to Mr. LEVIN. Mr. President, I thank all over the world to see the chapel at object, let me ask the author of the re- the Senator from Idaho. The two the U.S. Naval Academy. Just this year quest what the intention is because I changes we have proposed to the I was privileged to be the keynote want to continue with my discussion. amendment make it clear that the con- speaker at the dedication of a new About how much time does the Senator viction of a capital offense, as referred to, could either be State or Federal, small entrance at the Naval Academy want to take for consideration of the would have to be a final conviction so where those of the Jewish faith can go amendment? there is no appeal pending or a pending and quietly exercise their religion and Mr. CRAIG. I think less than 2 min- court challenge. And it provides for the share their prayers. I encourage any- utes could solve this issue and we could possibility of a commutation of that return to the Senator’s amendment. one in that area to go and look at these sentence by a Governor or the Presi- Mr. INHOFE. I have no objection. two edifices. To me they symbolize the dent. importance of religion in our military I ask unanimous consent that Sen- With those two changes, it will be ac- life. ator CORNYN be added as a cosponsor of ceptable to us, and we can agree it will I commend the Senator from Okla- my amendment. be part of a managers’ package. There homa. The PRESIDING OFFICER. Without was no intent that this be 1 of the 12. I have been informed by the distin- objection, it is so ordered. The PRESIDING OFFICER. The Sen- guished ranking member that there Mr. WARNER. Mr. President, we ator from Virginia. could be an amendment in the second have a technical problem we have to Mr. WARNER. Mr. President, may I degree and that individual who would address with regard to the UC request; inquire of the proponent of the amend- bring it forth is due here in about 20 or that is, we are operating this bill under ment, I heard him use the term ‘‘mili- 30 minute is my understanding, at a UC, 12 amendments each side. This is tary cemeteries.’’ There are State and which time I hope we could finish ad- not 1 of the 12. Federal cemeteries. This amendment is dressing this amendment such that the Mr. CRAIG. That is correct. directed at Federal cemeteries? Senate could vote presumably on the Mr. WARNER. Therefore, I think we Mr. CRAIG. It is the only one over second-degree amendment and then the could go on the bill time for the pur- which we have jurisdiction; that is cor- underlying amendment prior to the pose of discussing the Senator’s amend- rect.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25495 Mr. LEVIN. As I understand it, na- 12 amendments on each side, and as we John Adams. John Adams was the first tional cemeteries, Federal cemeteries bring up amendments, I carefully des- Vice President of the United States are governed by the amendment. With ignate, as the Senator from Michigan and the second President of the United those changes, we will not object to the does, that they are within the 12 each States. This is what he said on this amendment. In fact, I think there will side has. subject: be good support for it. Senator MIKUL- Mr. LEVIN. If the chairman will When the Congress met, Mr. Cushing made SKI, as I understand, is a supporter of yield on that point because I wish to a motion that it should be opened with pray- it. affirm and confirm what he has just er. It was opposed by Mr. Jay of New York One other comment, Mr. President. It said, that these colloquies, which are and Mr. Rutledge of South Carolina, because is my understanding that both the vet- necessary for clearance of amend- we were divided in religious sentiments, erans organizations and the Veterans’ ments, are very useful. We are used to some Episcopalians, some Quakers, some Anabaptists, some Congregationalists, so Affairs Committee support this amend- this, all of us in the Senate, engaging that we could not join in same set of wor- ment; is that accurate? in these kinds of colloquies, and there ship. Mr. Samuel Adams rose and said, that Mr. CRAIG. Mr. President, that is is no intent, for instance, in this last he was no bigot, and could hear a prayer of correct. Full disclosure here: There is colloquy, that amendment be listed as any gentleman of piety and virtue, and at always concern when you restrict ac- 1 of the 12 amendments on the Repub- the same time a friend to his country. He cess for purposes of burial, but because lican side. was a stranger in Philadelphia, but had we have already established that in Mr. WARNER. Mr. President, I yield heard that Mr. Duche deserved that char- Federal law and this appeared to be a the floor. acter and therefore he moved that Mr. Duche, an Episcopalian clergyman, might be loophole, which it was, and an indi- The PRESIDING OFFICER. The Sen- desired to read prayer to Congress to-morrow vidual, as I so stated, who was con- ator from Oklahoma. morning. The motion was carried in the af- victed of murder in two instances in Mr. INHOFE. Mr. President, how firmative. Maryland was buried this summer in much time remains on our side? Accordingly he . . . read several prayers in Arlington Cemetery, they understand The PRESIDING OFFICER. There is the established form, and then read . . . the that clearly, they appreciate that cor- 8 minutes 55 seconds remaining. 35th Psalm. You must remember this was the rection. And I am very specific in my Mr. INHOFE. Mr. President, I don’t next morning after we had heard the rumor discussions with the Senator from know of anyone who is going to be of the horrible cannonade of Boston. It seemed as if Heaven had ordained that Psalm Michigan that we are talking about wanting time to speak against this to be read that morning. capital offenses—not all felonies, cap- amendment. I inquire of the ranking After this, Mr. Duche, unexpectedly to ev- ital offenses of this kind. member if he knows of anyone who is erybody, struck out into extemporary pray- I thank both of my colleagues for going to be speaking in opposition to er, which filled the bosom of every man helping us work out this issue. I hope this amendment? present. this could be included in the managers’ Mr. LEVIN. Mr. President, I do be- Here was a scene worthy of a painter’s art. amendment. lieve there is at least one Member on It was in Carpenter’s Hall, in Philadelphia. Mr. LEVIN. Mr. President, if the Sen- this side who will be offering or consid- . . . Washington was kneeling there, and Henry, and Randolph, and Rutledge, and Lee, ator will yield further, we have had a ering a second-degree amendment. and Jay; and by them stood, bowed in rev- discussion, and I received the assur- Mr. INHOFE. Or another first-degree erence, the Puritan patriots of New England, ance from Senator CRAIG, which I very amendment. That is fine. In opposition who, at that moment had reason to believe much welcome, that it is not his intent to this amendment, though. that armed soldiery was wasting their hum- that this lead to a broadening of this Mr. LEVIN. The second-degree bled households. It was believed that Boston prohibition to include all felonies, but amendment—however one wants to had been bombarded and destroyed. They it is his intent, both in the amendment characterize it—I do understand there prayed fervently for America, for Congress. and his personal view, that this should is a second-degree amendment possible. ... be limited to the capital offense as Mr. INHOFE. I understand there is 8 I think that is very significant. identified in the amendment. minutes remaining; is that correct? I read an article the other day that Mr. CRAIG. That is correct. The PRESIDING OFFICER. That is was very interesting. It was an article Mr. LEVIN. I thank the Senator. correct. by a military historian who said that Mr. WARNER. Mr. President, I would Mr. LEVIN. So we do not mislead our the Revolutionary War could not have like to join Senator CRAIG as a cospon- friend from Oklahoma, there may very been won. He goes back and talks sor on this amendment. well be Senators of whom I am not about the same thing that John Adams This is an example which other Sen- aware who would want to speak in op- was talking about, about this tremen- ators may wish to access as to how the position. dous army, the greatest military force two managers are willing to work in Mr. INHOFE. In that there is no one on the face of this Earth marching up open colloquy on areas where there are on the floor right now, if it is all right to Lexington and Concord. Our soldiers amendments outside the framework of with the chairman and ranking mem- at that time were not really soldiers; the 12 on each side which could pos- ber, I will conclude my remarks. they were hunters and trappers, and sibly be reconciled, and a part of that Mr. President, I have always enjoyed they were armed with just basic and reconciliation process would be the one-sentence amendments because one crude equipment. We remember the need for an open colloquy. This is a for- can’t misinterpret one sentence. I had story that most of them couldn’t read mat the Senator from Michigan and I one the other day that had to do with or write. are pleased to entertain where there the appropriations process. I did one in So in training, I say to my friend are other amendments that a colloquy 1994 that ended up being a major, sig- from Texas, they put a tuft of hay in in open session would be helpful in try- nificant reform in the other body. one boot and a tuft of straw in another ing to reach a reconciliation. I will read this so people don’t mis- boot, and they marched to a cadence of Mr. CRAIG. Mr. President, I thank understand it: ‘‘hay foot straw foot.’’ As they stood the chairman of the full committee and The superintendent of a service academy there and heard the ground shaking as the ranking member for their accom- may have in effect such policy as the super- the greatest army on the face of this modations. intendent considers appropriate with respect Earth approached Lexington and Con- Mr. LEVIN. Mr. President, we thank to the offering of a voluntary, nondenomina- cord, they knew by resisting they were the Senator from Idaho for bringing tional prayer at an otherwise authorized ac- signing their own death warrant. They this to the attention of the Senate and tivity of the academy. . . . knew when they heard the shot heard for making this correction. Some people asked a question about round the world they were going to win Mr. WARNER. Mr. President, it is denominational prayer. Let me share in spite of these odds, not even know- also important, with my colleague on with you—and I think I can read it in ing that a tall redhead stood in the the floor, that we are bound by this UC, this period of time—an entire piece by House of Burgesses and made a speech

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25496 CONGRESSIONAL RECORD—SENATE November 9, 2005 for them and for us today, when he true strategic partners as we move into a reality which we face, but the status asked: How could this frail group of pa- the 21st century. Fortunately, the days quo for another 30 years is not accept- triots defeat the largest army on the of the Cold War when the United States able either. face of this Earth? He made a very fa- and India were at odds are long past. Recognizing this reality, we must mous speech, but there are three sen- Today, the United States and India ask ourselves what we can do to pro- tences people have forgotten. They are: share a common vision for the future mote nonproliferation efforts with Sir, we are not weak if we make a proper as we battle terrorism together and the India and bring them within the inter- use of those means which the God of nature proliferation of weapons of mass de- national nonproliferation regime. The has placed in our power. Three millions of struction, HIV/AIDS, and a host of civil nuclear cooperation agreement people armed in the holy cause of liberty, other challenges that face our world. provides the answer. Despite not sign- and in such a country as that which we pos- The United States is fortunate to ing the NPT, the Nuclear Non-Pro- sess, are invincible by any force which our have many Indian Americans who have liferation Treaty, India has an excel- enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a helped bring our two nations closer to- lent nonproliferation record. They un- just God who presides over the destinies of gether. There are 2 million people of derstand the danger of the prolifera- nations, and who will raise up friends to Indian origin in the United States, ap- tion of weapons of mass destruction, fight our battles for us. proximately, many of whom are now and that is why India has agreed to ad- And they fired the shot heard round U.S. citizens. There are about 200,000 here to key international nonprolifera- the world, and we won. Indian Americans in my State of Texas tion efforts on top of their own strin- We were a nation under God, and we alone. Nearly 80,000 Indian students are gent export control regime. depended upon God to win that fight studying in our Nation’s colleges and This is a significant step forward, and every fight since then. That is why universities. Their contributions to our which has been welcomed by the Inter- I think it is so important today, as a Nation and our relationship have been national Atomic Energy Agency Direc- part of this reauthorization bill, that remarkably positive. tor, Mohamed El-Baradei, who under- we reaffirm our ability to train our I will spend just a moment talking stands that India will not come into people at our academies to look to Al- about an important agreement that the NPT through the normal route. mighty God in the way they deem ap- was reached last July between Presi- This agreement brings India’s growing propriate, in a way to use that power dent Bush and Prime Minister Singh civilian nuclear capabilities within to defend America in their careers. that will require congressional ap- international export control regimes. I retain the remainder of my time, proval to implement. This agreement, India will now assume the same non- Mr. President. I understand there is 3 known as the Civil Nuclear Coopera- proliferation responsibilities that minutes remaining. tion Initiative, will help India with its other nations have with civil nuclear The PRESIDING OFFICER. There is energy needs and help bring India into energy. Specifically, India has agreed 2 minutes remaining. the mainstream of international nu- to identify and separate civilian and Mr. WARNER. Mr. President, the dis- clear nonproliferation efforts, both of military nuclear facilities and pro- tinguished Senator from Texas in- which are worthwhile goals. grams and file with the IAEA a dec- quired of the managers if he could ad- While it is true that the agreement laration with regard to its civilian fa- dress an issue that is tangential to our on civil nuclear cooperation is a sig- cilities. It has agreed to place volun- national security. I ask unanimous nificant departure from previous U.S. tarily its civilian nuclear facilities consent that he be allowed to speak as policy, still it represents a positive under IAEA safeguards. It has agreed in morning business, thereby not tak- step as we grow in our strategic rela- to sign and adhere to an additional pro- ing time off the bill, and that would be tionship with the nation of India. For tocol with respect to civilian nuclear for not to exceed 10 minutes. more than 30 years, the United States facilities. And it has agreed to con- The PRESIDING OFFICER. Without and India have disagreed over India’s tinue its unilateral moratorium on nu- objection, it is so ordered. decision not to sign the Nuclear Non- clear testing. The Senator from Texas is recognized Proliferation Treaty. As such, the Furthermore, it has agreed to work for 10 minutes. United States has not cooperated with with the United States for the conclu- UNITED STATES-INDIA RELATIONS India on the issue of civilian nuclear sion of a multilateral fissile material Mr. CORNYN. Mr. President, I thank power. cutoff treaty. It has agreed to refrain the distinguished chairman of the Sen- In short, we have been at a stale- from the transfer of enrichment and re- ate Armed Services Committee and the mate, which has neither served our processing technologies to states that distinguished ranking member for this nonproliferation goals nor helped In- do not have them and support efforts accommodation. This is an important dia’s need for energy resources. Fortu- to limit their spread. matter that does relate directly to our nately, a civil nuclear cooperation Finally, India has agreed to secure national security and that has to do agreement will allow us to move for- nuclear materials and technology with the remarkable progress that ward in a way that serves both the in- through comprehensive export control United States-India relations have terests of the United States and the in- legislation and adherence to the Mis- made over the last several years and terests of India. sile Technology Control and Nuclear the path that lies ahead. In order to implement this agree- Suppliers Group. As my colleagues know, Prime Min- ment, Congress will need to approve. Each of these commitments rep- ister Singh visited Washington in July The fundamental question before Con- resents a positive step forward. India, for a historic state visit. This event gress will be why should we allow civil- which is no stranger to international marked a critical milestone in our im- ian nuclear cooperation with India terrorism itself, is motivated by its proving relationship, but the Congress when they refuse to sign the Nuclear own security needs to fight prolifera- needs to help ensure that this relation- Non-Proliferation Treaty? And will we tion of nuclear weapons. The same is ship reaches its full potential. Presi- not be somehow undermining our own true of the United States. Both na- dent Bush has made it a fundamental nonproliferation efforts? tions, as well, are dependent on oil im- foreign policy objective to move United The fact is, this agreement will en- ports to satisfy the needs of their States-India relations to a new level hance our nonproliferation efforts. It is economies and to create jobs for their and plans to visit India in the near fu- correct that India is not a signatory to people. Both nations, therefore, see in ture. the NPT. They have decided, for their civilian nuclear energy cooperation an India is the world’s largest democ- own national security reasons, that opportunity to satisfy these growing racy, and our two great nations share they will not become a party to the energy needs without environmental many common values and common be- treaty, and no amount of international hazards of relying solely on fossil fuels. liefs. It is only appropriate, then, that pressure, persuasion, or cajoling will In short, this agreement is important the United States and India become convince them to do otherwise. This is to our growing international strategic

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25497 partnership and for India’s domestic As I look at the amendment of Sen- tarian religious approach. I think we energy needs. ator INHOFE, it speaks of voluntary, are all familiar with many of the sto- Although the administration’s nego- nondenominational prayer at otherwise ries from the Air Force Academy. tiations with the Indians are ongoing authorized activities of the academy, As a result, the Secretary of Defense regarding the implementation of these subject to the limitations of the Sec- has issued interim guidance with re- commitments, I am confident that we retary of Defense, more or less. The spect to proselytization and other reli- are on the right track. I look forward real problem in the context of military gious activities. I would note that the to the role that Congress will play in activities is, what is voluntary? There language of Senator INHOFE recognizes this important process. is a strong sense that there is not much the right of the Secretary of Defense to I yield the floor and I suggest the ab- that is voluntary in the military. Any- do that. In fact, I would assume it sence of a quorum. one who has served on active duty un- lends further support and credence to The PRESIDING OFFICER. The derstands that even in some cases vol- the guidance that he is developing and clerk will call the roll. unteering isn’t voluntary. I know I had will issue because, as the language The legislative clerk proceeded to a first sergeant in the 82nd Airborne says, ‘‘subject to such limitations as call the roll. the Secretary of Defense may pre- Mr. REED. Mr. President, I ask unan- Division who would walk in and pick scribe.’’ imous consent the order for the three people and inform them they had I think what we are seeing, in terms quorum call be rescinded. just volunteered. That is a cultural as- The PRESIDING OFFICER. Without pect and a legal aspect of military of this legislation, is several results objection, it is so ordered. service. So even though this speaks to which might be unintended by those Mr. REED. Mr. President, I believe voluntary, nondenominational prayer, who are supporting it. First, I think we are on the Inhofe amendment pend- the real issue in the context of the rather than clarifying and settling the ing before the Senate? military is, Is it voluntary? issue of religious expression at the The PRESIDING OFFICER. That is That issue is now being debated. One service academies, it will prompt fur- correct. of the reasons prompting this par- ther discussion, debate, and perhaps AMENDMENT NO. 2440 ticular legislative amendment is the even litigation. Second, it does specifi- Mr. REED. Mr. President, I rise to fact that the Naval Academy has been cally recognize that there is an ongo- address some of the issues that have questioned about a prayer at their ing process by the Secretary of Defense been presented by the amendment of luncheon meal. Whether it is non- to redefine appropriate modes of reli- Senator INHOFE. I do so with some per- denominational is not the point. The gious expression at the academies. spective on issues of prayer at service question is whether it is voluntary. I And, as I read it, it does give sanction academies. I spent 4 years as a cadet at do not think we are going to escape to those activities—in fact, legal sanc- West Point, 2 years as a faculty mem- that analysis and that issue by passing tion to those activities. ber at West Point, and today I am the this legislation. In fact, my fear is by So for many reasons I think the leg- chairman of the board of visitors at passing this legislation we are going to islation is not the most appropriate West Point. I am the first to recognize essentially invite litigation about a way to deal with this issue. Ulti- the importance of prayer, not only in whole series of religious expressions at mately, my sense is that these issues, the life of the service academies but in service academies, not just prayer in because they are dominated by con- the life of people everywhere. the mess hall at lunch but prayer at stitutional concerns, will be settled in Over the course of 200-plus years of graduation ceremonies, at promotion court, not by legislative enactment. history, prayer has become an impor- ceremonies—all of that. There is nothing we could do legisla- tant aspect of life, not only at West Frankly, on a practical basis, this tively to correct such constitutional Point but at Annapolis and other insti- legislation is not necessary. First, the faults. I think to try to do that mis- tutions. superintendents already have the au- construes what we are about and what Interestingly enough, when I was a thority to prescribe what is happening we could practically do. cadet, there was a much more signifi- at the academies—either explicitly or As a result, I hope this legislation cant structure of religious participa- implicitly the current religious expres- could be withdrawn, but I suspect that tion. We were actually ordered to go to sion at the academies is being author- is not the case. So I think we should chapel, ordered to participate in activi- ized by the superintendents. make some changes in the legislation ties. That was struck down in 1972 as Also, I think, given the fact that in that at least reflects the fact that an unconstitutional infringement. they are doing this and it seems to be all of us are bound by the Constitution This is a very difficult issue because working fairly well, this legislation of the United States. it does implicate serious constitutional does not give them any more authority Again, I have been involved with concerns, as well as the desire to main- than they have already. As I suggested these academies since I was 17 years tain the traditions and the customs of previously, it raises, certainly, the pro- old. I have seen personally the impor- the military and the service academies. file, so it might engender the kind of tant role that prayer and religion play Interestingly enough, my perspective controversies that will lead to seri- in the lives of cadets, soldiers, and offi- now, after about 30 years, is that the ously questioning and perhaps cutting cers. I recognize and cherish the cus- faith communities at West Point are back existing religious expression at toms of these academies, and these tra- even more vital and vibrant today than these service academies. So I do not ditions. I think it is unfortunate that years ago when cadets literally were think, as a matter of either policy or of we may unwittingly be starting a dy- ordered to participate in religious ac- good sense, this legislation is in order namic that will seriously erode these tivities. In fact, last summer, as part of or necessary. customs and traditions, and I think the operations of the board of visitors, In addition, what is happening at the perhaps to the detriment of the acad- I asked that the chaplains come to- academies now is not so much the sole emies and to the military service and gether on an informal basis, and we issue of the propriety of prayer or reli- to the young men and women who talked about religious participation at gious expression at different authorized proudly wear the uniform of our Armed West Point. What I heard from the activities. There is another big issue Forces. So I hope we can avoid that. chaplains is that it is alive and well, out there that we have to recognize. It But I think, also, we have to recog- that it is something important to the comes from the recent activities at the nize that we are all governed, particu- individual lives of cadets and to the Air Force Academy, where there have larly when it comes to issues of prayer community at West Point. That is why been serious reports about proselytiza- in the public space, by the Constitution I think, as we try to legislate these ac- tion, of superior officers using their of the United States, and that there is tivities from the perspective of the rank and position to try to proselytize nothing, as I said before, that we can U.S. Congress, we might be inviting cadets, to try to insert in the activities do that can insulate activities within more problems than we are solving. of the academy a pronounced and sec- the military from the Constitution.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25498 CONGRESSIONAL RECORD—SENATE November 9, 2005 There is nothing we should do. I think er. At West Point they do not even ment of the Senator from Rhode Island whatever language we adopt today has have a period of silence. They say you as a first-degree amendment, and if he to more explicitly reflect that clear, can pray, but everyone else is talking. desires to have a vote on his first, I and I think obvious, fact. This is not a prayer. I think a problem would have no objection. As I mentioned before, the Secretary is there. Would that satisfy the Senator from of Defense is dealing today with the I think the argument that this might Rhode Island? issue of religious activities at the Air raise the profile is not a valid argu- Mr. REED. I think the most efficient Force Academy. He has also indicated ment. I have heard it before. In 2003 the course is simply to allow my second-de- that, if his interim guidelines are prac- ACLU requested specifically that the gree amendment, allowing Members to tical, workable, and appropriate in his prayers stop. In 2005 the Anti-Defama- vote essentially on my amendment view, that he intends to extend those tion League did the same thing. The first, then voice vote the amendment of to the other service academies, effec- attack is there. the Senator from Oklahoma—if it suc- tively doing what this legislation is This is a very simple, one-sentence ceeds, then the underlying amendment. proposing to do. I think we should give solution to the problem. At the appro- That was my preference. the Secretary of Defense a chance to do priate time, in fact, right now, I urge Mr. INHOFE. There would be side-by- that. I think he is working in a way the adoption of this amendment and side amendments. that is evenhanded, appropriate, recog- ask for the yeas and nays. Mr. REED. No. My preference is that nizing that soldiers are bound by the The PRESIDING OFFICER (Ms. MUR- we entertain a second-degree amend- Constitution. That is their duty. That KOWSKI). Is there a sufficient second? ment and vote, and if the second-degree is their obligation. There is a sufficient second. amendment is agreed to, then the un- I say if we march down this road, I The yeas and nays were ordered. derlying amendment would be voted think we are raising serious issues that Mr. INHOFE. It is not my intent to on. There would be a series of votes. are going to complicate the facts even proceed until we start several votes at Mine would be voted on first. more than they are today. So I hope we a later time, I say to my good friend Mr. INHOFE. I object to that course. could wait. I hope we could wait until from Rhode Island. I suggest the absence of a quorum. these guidelines have been fully vetted The PRESIDING OFFICER. Who The PRESIDING OFFICER. The by the Secretary and he has made a de- yields time? clerk will call the roll. The legislative clerk proceeded to cision with respect to their propriety, Mr. WARNER. Madam President, we call the roll. their appropriateness. Indeed, once need to inquire as to the issues of the Mr. INHOFE. Madam President, I ask again, as the amendment suggests, ul- proponent of the amendment, as to the unanimous consent that the order for timately whatever the superintendents allocation of time. What is his desire the quorum call be rescinded. on that? of the academies do will be subject to The PRESIDING OFFICER. Without Mr. INHOFE. I would say to the the guidance of the Secretary of De- objection, it is so ordered. fense. Frankly, that guidance today, if chairman, I think the allocation of Mr. INHOFE. Madam President, I you look at it, is drawing mixed re- time has already taken place. I have have read the suggested change that views from both the proponents of the used my time. I have not yielded back the distinguished Senator from Rhode separation of church and state and the remainder of my time. I probably Island has to my amendment. If it is those who want a much more aggres- only have 30 or 40 seconds left. It is my his intention not to offer another sive posture when it comes to religious desire to get a vote on this amend- amendment on this subject matter but expression in public places. Maybe that ment, if the distinguished Senator merely to amend mine, I will accept is a good sign. Maybe the Secretary has from Rhode Island has an amendment that. I would yield the remainder of my struck that balance between the con- that we get a vote on his amendment, time, and we would have one vote to stitutional demands of separation of and whatever the allocation of time is take care of it. church and state and the individual’s at that point, we will exercise that. Mr. REED. Madam President, I sug- desires and needs to express themselves Mr. WARNER. Madam President, gest the absence of a quorum. to the Divine. that sounds like a reasonable request. The PRESIDING OFFICER. The I hope we could forbear on this one. If Can the Senator from Rhode Island ad- clerk will call the roll. not, then I think we have to make vise the Senate? The legislative clerk proceeded to some changes in the text to reflect the Mr. REED. Let me understand. Is it call the roll. overarching constitutional imperatives in order now for me to propose a sec- Mr. REED. Madam President, I ask that are at the heart of this debate. ond-degree amendment which would unanimous consent that the order for I retain the remainder of my time then require just a short explanation the quorum call be dispensed with. and yield the floor. and debate, and then we can move to a The PRESIDING OFFICER. Without Mr. INHOFE. If the Senator will vote on the second-degree amendment, objection, it is so ordered. yield, I inquire of the Senator, he has and then on the underlying amend- Mr. REED. Madam President, the used some of the time in opposition ment? Senator from Oklahoma has offered to speaking to this amendment. Is the Mr. WARNER. That would be the de- modify his amendment the way I sug- Senator’s desire to have another sire of the manager. gested and then, having modified the amendment on the same subject to be I wish to inquire of the proponent. amendment, schedule votes. I have no introduced separately from this? Does he agree to the course of action? objection to that. Mr. REED. My preference would be to Mr. INHOFE. Would the Senator Mr. INHOFE. Madam President, that try to amend the Senator’s amend- please repeat that course of action? seems very acceptable to me. ment. Mr. REED. We are agreeing, as I un- I will read the modification on page 2 Mr. INHOFE. Mr. President, we have derstand it, that as soon as the Senator of the amendment. On line 2, insert the a problem. yields his remaining time, it would be following: ‘‘the United States Constitu- Mr. REED. Mr. President, I yielded in order for me to offer a second-degree tion and . . . ’’ I have no objection to to the Senator. Would he like to use amendment. I will do so. I will speak that. his time? I retain the remainder of my briefly on the second-degree amend- AMENDMENT NO. 2440, AS MODIFIED time. ment, and I think it would be in order I send this amendment to the desk Mr. INHOFE. Mr. President, I under- to either entertain additional debate and ask unanimous consent that it be stand I only have a couple of minutes by the Senator from Oklahoma and so modified. left, so let me very quickly say right others or to set a time for a vote. The PRESIDING OFFICER. Without now: There is a problem. In the Air Mr. INHOFE. My preference would be objection, it is so ordered. Force all they have is a 20-second pe- to go ahead and have this as a first-de- The amendment (No. 2440), as modi- riod of silence. I don’t call that a pray- gree amendment, offering the amend- fied, is as follows:

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25499 (Purpose: To ensure by law the ability of the bate on the Ensign amendment, 15 min- vening period between now and the military service academies to include the utes equally divided. hour of 2:45, subject to the unanimous offering of a voluntary, nondenominational The PRESIDING OFFICER. Is there consent of 15 minutes, that other Sen- prayer as an element of their activities) objection? Without objection, it is so ators can come to the Chamber and ad- At the end of subtitle G of title X of divi- ordered. dress the managers regarding the tim- sion A, add the following: Mr. WARNER. I ask the Presiding Of- ing of the remaining amendments SEC. 1073. PRAYER AT MILITARY SERVICE ACAD- ficer if that is in place, as modified EMY ACTIVITIES. under the unanimous consent providing (a) IN GENERAL.—The superintendent of a with the 15 minutes? 12 amendments on each side. service academy may have in effect such pol- The PRESIDING OFFICER. That is I yield the floor. icy as the superintendent considers appro- correct. The PRESIDING OFFICER. The Sen- priate with respect to the offering of a vol- Mr. WARNER. I thank the Chair. ator from Minnesota. untary, nondenominational prayer at an oth- AMENDMENT NO. 1563, AS FURTHER MODIFIED Mr. DAYTON. Madam President, I erwise authorized activity of the academy, I ask unanimous consent that the ask unanimous consent that Senators subject to the United States Constitution previously agreed to amendment No. BURNS, THOMAS, ENZI, DORGAN, and and such limitations as the Secretary of De- 1563 be further modified. I send that HATCH be listed as original cosponsors fense may prescribe. of amendment No. 2448, which was (b) SERVICE ACADEMIES.—For purposes of modification to the desk. There was a this section, the term ‘‘service academy’’ technical error in the preamble. There agreed to yesterday by unanimous con- means any of the following: is no change in the substance of the sent. (1) The United States Military Academy. amendment. The PRESIDING OFFICER. Without (2) The United States Naval Academy. The PRESIDING OFFICER. Without objection, it is so ordered. (3) The United States Air Force Academy. objection, it is so ordered. Mr. DAYTON. I thank the Chair. Mr. WARNER. Madam President, I The amendment (No. 1563), as further I yield the floor, and I suggest the ab- thank my two colleagues. modified, is as follows: sence of a quorum. The PRESIDING OFFICER. The Have the yeas and nays been ordered? On page 357, after line 20, insert: The PRESIDING OFFICER. The yeas clerk will call the roll. PART II—NAVY CONVEYANCES The legislative clerk proceeded to and nays have been ordered. SEC. 2851. LEASE OR LICENSE OF UNITED STATES Mr. WARNER. I thank the Presiding call the roll. NAVY MUSEUM FACILITIES AT WASH- Mr. LEVIN. I ask unanimous consent Officer. INGTON NAVY YARD, DISTRICT OF that the order for the quorum call be I am about to propound a unanimous COLUMBIA. rescinded. consent request which I understand is (a) LEASE OR LICENSE AUTHORIZED.— (1) IN GENERAL.—The Secretary of the Navy The PRESIDING OFFICER. Without cleared on both sides. may lease or license to the Naval Historical objection, it is so ordered. I ask unanimous consent that at 2:45 Foundation (in this section referred to as the AMENDMENT NO. 2443 today, the Senate proceed to a vote in ‘‘Foundation’’) facilities located at Wash- Mr. LEVIN. Mr. President, relative relation to the Inhofe amendment No. ington Navy Yard, Washington, District of to the amendment of the Senator from 2440, as modified, to be followed by a Columbia, that house the United States Nevada, I had one question. Section 1 vote in relation to the Ensign Amend- Navy Museum (in this section referred to as of Executive Order 11850 states the fol- ment, No. 2443; provided that there be 6 the ‘‘Museum’’) for the purpose of carrying lowing: minutes for debate equally divided in out the following activities: (A) Generation of revenue for the Museum the usual form prior to the first vote The Secretary of Defense shall take all through the rental of facilities to the public, necessary measures to ensure that the use by and 6 minutes equally divided for de- commercial and non-profit entities, State the Armed Forces of the United States of bate prior to the second vote, with no and local governments, and other Federal any riot control agents and chemical herbi- second degrees in order to either agencies. cides in war is prohibited unless such use has amendment prior to the vote. (B) Administrative activities in support of Presidential approval in advance. Mr. DAYTON. Madam President, re- the Museum. Is there anything in the Senator’s serving the right to object. (2) LIMITATION.—Any activities carried out amendment which purports or is in- Mr. WARNER. I think we are cleared. at the facilities leased or licensed under paragraph (1) must be consistent with the tended to modify or change in any way Mr. DAYTON. We need to discuss the operations of the Museum. that executive order? amount of time on the Ensign amend- (b) CONSIDERATION.—The amount of consid- Mr. ENSIGN. Madam President, I say ment. eration paid in a year by the Foundation to to my friend from Michigan, our Mr. WARNER. I think everything has the United States for the lease or license of amendment seeks to clarify and to re- been cleared. facilities under subsection (a) may not ex- inforce the Executive Order No. 11850, Mr. DAYTON. No objection. ceed the actual cost, as determined by the including section 1, as well as the ex- Mr. ENSIGN. Madam President, prior Secretary, of the annual operation and main- amples in (a), (b), (c), and (d), used as to having the 6 minutes prior to the tenance of the facilities. (c) USE OF PROCEEDS.— examples where the riot control agents vote but between now and the time (1) DEPOSIT OF PROCEEDS.—The Secretary are able to be used. that votes will occur, will there also be shall deposit any amounts received under It is very clear that our military is time to debate my amendment? subsection (b) for the lease or license of fa- allowed to use riot control agents Mr. WARNER. Madam President, I cilities under subsection (a) into the account based on this Executive order in these presume there will be an opportunity. for appropriations available for the oper- particular examples as a defensive We are making progress. But there are ation and maintenance of the Museum. mode to save civilian lives, for exam- junctures at which time Senators can (2) AVAILABILITY OF AMOUNTS.—The Sec- ple. address various aspects of the bill, in- retary may use any amounts deposited under We are trying to clarify for our mili- paragraph (1) to cover the costs associated cluding the distinguished Senator from with the operation and maintenance of the tary and ask the Defense Department Nevada. Museum and its exhibits. to lay out clear guidelines and clear Mr. ENSIGN. Madam President, may (d) ADDITIONAL TERMS AND CONDITIONS.— training so the average person on the I ask unanimous consent it be modified The Secretary may require such additional ground knows exactly when they can so that at least 15 minutes between terms and conditions in connection with the and when they cannot use these riot now and the vote would be reserved for lease or lease of facilities under subsection control agents. debate on the Ensign amendment? (a) as the Secretary considers appropriate to Mr. LEVIN. I agree with that pur- Mr. WARNER. Madam President, I protect the interests of the United States. pose. I want to be absolutely certain am willing to accede to that. Would PART III—AIR FORCE CONVEYANCES that all parts of the Executive order, that time be equally divided? Mr. WARNER. Madam President, we including the specific requirement of Mr. ENSIGN. Yes. are making progress on this bill. I section 1, continue and are not pur- Mr. WARNER. Fifteen minutes be- thank all Senators for their coopera- ported in any way to be changed by the tween now and 2:45 be reserved for a de- tion. It is my hope that in the inter- Senator’s amendment.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25500 CONGRESSIONAL RECORD—SENATE November 9, 2005 Mr. ENSIGN. The Senator is correct; full-time active-duty career. It makes centive to serve. The Chambliss we are not trying to change any part of sense. amendment rewards mobilization but the Executive order. All we are trying The major difference, however, lies in does nothing to create the incentive for to do is to clarify it so the average sol- the length of time the reservist retiree further service. It simply provides a fu- dier, marine on the ground knows ex- must wait to start to receive retire- ture benefit to those who get called up. actly when they can and when they ment pay. Under the current system, a We want to honor the members of the cannot use it. person who completes 20 years in the Guard and Reserve who are selected in We are calling on the Defense Depart- Reserve component becomes eligible to order to go overseas. Yes, we want to ment to clarify for them so this very receive retired pay but cannot begin to reward service that takes members of valuable tool to save lives, both civil- draw the pay until they reach the age the Guard and Reserve away from their ian and military, can be employed for a of 60. In the Reserves, a young person families and careers for a year and puts defensive purpose. age 18 can enlist, complete 20 years of them in harm’s way. But we must ask Mr. LEVIN. I believe that is a very dedicated service to our country, and ourselves if such a modest adjustment useful purpose. I support that purpose. at the end of 20 years reach the age of in the retirement pay eligibility age is I support the Senator’s amendment 38 and retire. But that person has to the best way to do it. with that assurance. I don’t know wait 22 years before receiving the first With recruiting targets being missed whether the Senator requested a roll- penny of retirement pay. by our Reserve components and reten- call, but if so we will support that roll- That is entirely too long. Many have tion holding steady, but under severe call. recognized the system needs to be pressures, what we need to do is to re- Mr. ENSIGN. Have the yeas and nays changed. The Military Officers Associa- vise the retirement system so that it is been ordered? tion, Reserve Officers Association, Na- both fairer to members of the Guard The PRESIDING OFFICER. They tional Guard Association, Enlisted As- and Reserve and a more powerful in- have not been ordered. sociation, the National Guard, all have centive to continued service. We should Mr. ENSIGN. I ask for the yeas and called for Reserve retirement age to be make changes to the system which re- nays. reduced from age 60 to 55. There have ward long and continued service, not The PRESIDING OFFICER. Is there a been several Senate proposals to ac- just volunteering—or being involun- sufficient second? complish it. tarily selected—for a mobilization. There is a sufficient second. I offered this bill in the last Con- We can do better for our men and The yeas and nays were ordered. gress. Senators Corzine and Graham in- women in uniform. Mr. ENSIGN. I yield the floor. troduced bills in the current Congress. The amendment I offer is a sub- AMENDMENT NO. 2473 TO AMENDMENT NO. 2433 I am a cosponsor of both bills. All are stitute approach. Under my amend- Mr. DURBIN. Madam President, worthy approaches to accomplish our ment, members of the National Guard there is a pending amendment offered goal. and Reserve are encouraged to stay in by Senator CHAMBLISS numbered 2433 Unfortunately, the plan that has the force by offering them a 1-year re- which I am going to seek to amend. been offered in the form of the amend- duction in the retirement age for every With the permission of the Presiding ment by the Senator from Georgia, year of service beyond 20 years. That is Officer, I would speak to that issue at Senator CHAMBLISS, falls short of being an incentive to stay in the force. A re- this moment. We are working with the a good age 55 Reserve retirement pro- servist can begin to draw retirement Parliamentarian on the exact number posal. In fact, I have some concerns pay as early as age 55, but in order to of this amendment we will be offering. and I offer an alternative approach. do so, they would need to serve an ad- There is no agreement at this time. If The Chambliss amendment offered a ditional 5 years. I might, I want a few minutes to speak modest reduction in the retirement age By providing a way for reservists to to the amendment I am offering, if that and then only offers it to about half draw retirement pay at age 55 rather would meet with the approval of the the members of the Guard and Reserve. than being forced to wait until age 60, Senator from Nevada. Under the Chambliss amendment, half this amendment brings the retirement Mr. ENSIGN. I have spoken to the of all reservists still draw no retire- age for reservists down to the Federal manager of the bill, and he would like ment pay until the age of 60. It rewards civil service retirement age, as was in- to accommodate the ability of the Sen- only those who are called up. There is tended when the reservist retirement ator to have the secondary amendment little or no incentive to stay. This age was set 50 years ago. Our reservists offered before all time is yielded back. amendment lowers the retirement age make tremendous sacrifices. They risk When the Senator is ready—I have spo- for those called up for an extended pe- their lives in combat zones. And, in far ken to the chairman and he is willing riod in support of major military oper- too many instances, they give their to work on that. ations and then only reduces the re- lives for our country. At the very least, Mr. DURBIN. For the information of tirement age by 3 months for every 3 they should have the same retirement my colleagues, the amendment we are months the member spends on duty. age as Federal civil servants. going to offer to the Chambliss amend- At this point, more than 450,000 re- By replacing the current, inflexible ment is designated as 2473. servists have been mobilized since Sep- approach with a sliding scale that pro- Madam President, most Senators are tember 11, 2001. Over 330,000 have been vides earlier receipt of retirement pay probably unaware of the real dif- deployed overseas. But we must re- in exchange for more years of service, ferences between the military retire- member, there are roughly 860,000 we can create a powerful system of in- ment system for Reserve components members in the select Reserve. That is, centives to retain our personnel and compared to Active components of our members of the National Guard and maintain a strong Reserve. military forces. A person who joins the Reserve who dedicate a minimum in This is the approach my amendment active-duty military and has 20 years service in the Reserve of 1 weekend takes. has the option to retire at that point each month plus 2 weeks each year to Many of my Republican and Demo- and draw half their pay. A young per- maintain military readiness. So while cratic colleagues who, like me, are co- son at age 18, with 20 years in service— roughly half of our reservists have been sponsors of S. 337, the Guard and Re- age 38, still relatively young, moves on called up for duty, about half of them serve Retention Act, introduced earlier to a new career, new source of in- have not. They have continued to per- this year by my friend and distin- come—still receives half of their mili- form every weekend, gone to their an- guished colleague, the Senator from tary pay. nual training periods. South Carolina, will no doubt recognize For a member of the Guard and Re- For this segment of our dedicated this concept. The mechanisms are very serve, it is different. As you might ex- force, I am afraid the Chambliss similar. pect, retirement pay from a part-time amendment does nothing at all. A re- I invite my colleagues from both career is lower than at the end of a tirement system should create an in- sides of the aisle to join me in making

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25501 a meaningful reform of the Reserve re- The PRESIDING OFFICER. Without hearings. It lasted a number of years. tirement age—one that encourages objection, it is so ordered. At a time when a member of his own long and continued services, not simply The Senator from Wisconsin. political party was President, it was rewarding after mobilization; one (The remarks of Mr. KOHL pertaining probably embarrassing for everybody which will incentivize all of the force to the introduction of S. 1979 are print- that Harry Truman was leading the to stay in service longer, not just the ed in today’s RECORD under ‘‘State- charge while FDR was in the White half—roughly, 50 percent—who are ments on Introduced Bills and Joint House. But they uncovered a substan- tapped for a callup. Resolutions.’’) tial amount of abuse and waste and The amendment is endorsed by some Mr. KOHL. Madam President, I yield fraud. Good for them. The memory of significant groups: the National Guard the floor. the Truman Committee lives on today Association of the United States, the Mr. LEVIN. Madam President, I sug- as an example of what should be done Military Officers Association of the gest the absence of a quorum. with respect to oversight by the Con- United States, the Reserve Officers As- The PRESIDING OFFICER. The gress. sociation, the Enlisted Association of clerk will call the roll. We spend a dramatic amount of tax- the National Guard of the United The assistant legislative clerk pro- payer money. The question is, Is it States. ceeded to call the roll. spent wisely? If it is not, when it is I ask my colleagues, as you consider Mr. LEVIN. Madam President, I ask wasted or stolen or subject to cheating the Chambliss amendment and my unanimous consent that the order for of the taxpayers, shouldn’t somebody modification to that amendment, keep the quorum call be rescinded. know it? Shouldn’t somebody see it in mind the organizations that rep- The PRESIDING OFFICER. Without and do something about it? That is the resent the men and women in uniform objection, it is so ordered. in the Reserve, who are literally serv- issue. Mr. LEVIN. Madam President, I ask I have held a number of hearings as ing our country and risking their lives, unanimous consent that Senator DOR- believe the approach I am suggesting is chairman of the Policy Committee on GAN be allowed to proceed as in morn- this subject, only because no one else is preferable. I hope my colleagues will ing business for 5 minutes, and that feel the same. holding any substantial hearings on it. then Senator DORGAN be recognized to Madam President, I ask unanimous We will have a couple people come to offer an amendment relative to—I consent that the letter from Stephen the floor and say: We have held a good think he is calling it a Truman-like Koper, retired brigadier general from number of hearings. That is not true. commission. I have talked to Senator the U.S. Air Force, who serves as presi- Very few if any hearings have been ENSIGN, and that is agreeable with the dent of the National Guard Association held on this issue. majority. of the United States, be printed in the I wish to go through a few examples The PRESIDING OFFICER. Without RECORD. of the hearings that we have held, There being no objection, the mate- objection, it is so ordered. along with some of the headlines. I rial was ordered to be printed in the The Senator from North Dakota. wish to say this before I get into this (The remarks of Mr. DORGAN are RECORD, as follows: too far: Some of this deals with a com- printed in today’s RECORD under NATIONAL GUARD ASSOCIATION OF pany called Halliburton. The minute ‘‘Morning Business.’’) THE UNITED STATES, INC., you mention the company Halliburton Washington, DC, November 8, 2005. AMENDMENT NO. 2476 on the floor of the Senate, they say: Senator RICHARD DURBIN (Purpose: To establish a special committee Aha, this is a criticism of Vice Presi- Dirksen Senate Office Building, Washington, of the Senate to investigate the awarding dent CHENEY because he used to be DC. and carrying out of contracts to conduct president of Halliburton. It is not DEAR SENATOR DURBIN: I am writing on be- activities in Afghanistan and Iraq and to about Vice President CHENEY. Vice half of the members of the National Guard fight the war on terrorism) Association of the United States (NGAUS) in President CHENEY is not now president support of your amendment to reduce the (Mr. THUNE assumed the chair.) of Halliburton. He left that job when he age at which reserve component members re- Mr. DORGAN. Mr. President, I have became Vice President. This is not ceive their retirement pension. an amendment to offer, an amendment about him. An active component member retiring at I have shared with both sides. It is, in All of these actions have occurred 20 years of service may receive a pension im- fact, an amendment that we have pre- after Vice President CHENEY left the mediately upon retirement. A reserve com- viously debated. It deals with the sub- Halliburton Corporation. But this is ponent member serving the same amount of ject of contracting abuses, especially years cannot. Reducing the age from 60 to 55 about Halliburton and some other com- will be a big step in mitigating this dis- contracting abuses in the reconstruc- panies—Halliburton being the largest— parity. A more equitable retirement program tion in Iraq—the money that is paid by that have gotten big, fat, multibillion- will aid greatly in recruiting and retaining American taxpayers, through our Gov- dollar contracts, no-bid, sole-source members in the National Guard. When the ernment, to major contractors that are contracts, and, with all of the evidence age limit for receipt of retired pay by Na- given no-bid contracts, spending bil- in front of us, have been charging tional Guard members was set decades ago, lions of dollars, and the stories about American taxpayers for services they the National Guard was not relied upon the contracting abuse are horrifying. Yet way it is today. have not delivered or overcharging the The objective of NGAUS is to support the nothing seems to happen. taxpayers for other services. reduction of the age for retirement eligi- I have described previously some- We need to aggressively root out that bility from its current level. thing that happened in the 1940s. Harry waste, fraud, and abuse. Let me give I look forward to working together in sup- Truman was in the Senate. Harry Tru- some examples. The committee that I port of a strong and viable National Guard. man was a Democrat. A member of his chair, the Policy Committee, had a Again, on behalf of the members of NGAUS, party was in the White House, Frank- thank you for all your hard work on our be- hearing. We heard from a man named half. lin Delano Roosevelt. He couldn’t have Rory Mayberry. Rory Mayberry is the Sincerely, been very happy about Harry Truman former food production manager for STEPHEN M. KOPER, because Truman came to the floor of KBR, which is a Halliburton sub- Brigadier General, USAF, (Ret.), President. Senate and said: I have substantial evi- sidiary. Halliburton has gotten billions The PRESIDING OFFICER. The Sen- dence of wrongdoing, of contracting, of of dollars to deliver all sorts of things ator from Michigan. military waste with respect to defense to our troops in Iraq, including feeding Mr. LEVIN. Madam President, if contracts and defense spending. I think the troops. there is no one prepared at this time to it needs to be investigated. Here is what Mr. Mayberry, who was speak on the Durbin amendment, I ask They began holding a series of hear- the food service supervisor, told us: unanimous consent that the Senator ings. He finally was able to get a com- Food items were being brought in to our from Wisconsin be permitted to speak mittee together called the Truman military base that were outdated or expired as in morning business for 5 minutes. Committee. They began a series of by as much as a year and we were told by the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25502 CONGRESSIONAL RECORD—SENATE November 9, 2005 food service managers, feed them anyway, providing cellular phones although But I think anything that any com- use them anyway. So the food was fed to the nothing in the contract between Halli- mittee or subcommittee does to shine a troops, expired food with expired date burton and the company called for the spotlight on this makes some sense. I stamps. For trucks that were hit by convoy payments. must say, however, as my colleague fire and bombings we were told to go into the trucks, remove the food items and use them They just added 10 percent. knows, there is substantial brushback after removing the bullets and any shrapnel Well, I won’t go through it at great from the administration. They do not from the bad food that was hit. And we were length, but $7,500 a month to rent ordi- want anything to do with this. And I told then to remove the bullets and turn nary cars and trucks; $85,000 new understand why. But the fact is, what them over to the managers of the food serv- trucks left on the side of the road be- happened here was wrong. A top con- ice operation as souvenirs. cause they had a flat tire, to be trashed tracting official gets demoted because We had hearings at which Bunnatine and torched. Yes, the taxpayer paid for she blows the whistle on bad practices, Greenhouse testified. Bunny Green- them. How about a fuel pump that was and the taxpayer takes a bath to the house was the top civilian official at plugged. Leave the truck on the side of tune, I think, of billions of dollars. the Corps of Engineers. She rose to the the road. It gets torched. It is all over. So whatever subcommittee or com- very top, the highest civilian official in The taxpayer pays for it. It is all cost mittee wants to dig into this, I think the Corps of Engineers. That is the plus. that would be great, and I certainly area of the Pentagon where they actu- ‘‘Millions in U.S. Property Lost in will commend my colleague if he con- ally do the contracts for these firms. In Iraq, Report Says; Halliburton Claims venes these hearings. But I would say that position, she was responsible for Figures Only ‘projections’.’’ this: I think there are substantial pres- reviewing all contracts worth more ‘‘Halliburton Unable to Prove $1.8 sures on many of our committees and than $10 million. After she objected to Billion in Work, Pentagon Says.’’ subcommittees by the administration special treatment given Halliburton on ‘‘Halliburton Faces Criminal Inves- not to move too far. We had an exam- a number of occasions, including an oc- tigation,’’ Houston Chronicle. ‘‘Pen- ple of that on the issue of intelligence casion where the company was brought tagon Proving Alleged Overcharges for recently, and I won’t explore that into the meeting at which the contract Iraq Fuel.’’ more, but there has been a lot of foot was being discussed, the specs devel- ‘‘Uncle Sam Looks Into Meal Bills; dragging in a lot of areas. oped, and who it was going to be Halliburton Refunds $27 million as a The point of this on behalf of myself, awarded to, after objecting to all that, Result.’’ Senator DURBIN, Senator LAUTENBERG, she was forced to either resign or face You would think with all of this you Senator BOXER, and others, the point of demotion. would have committees in the Congress it is to establish what we know works, This is a woman who was the highest saying: Wait a second, we are going to and what we know works is the Tru- civilian official in the Corps of Engi- pull back the curtain. We are going to man committee. Yes, it is an old neers, given stellar performance re- have tough investigations to evaluate model, but it is a model that really did views always, an outstanding em- what is happening, what is happening work—nonpartisan, bipartisan. Take a ployee. But then she started raising to the American taxpayer, what is hap- hard look at what is going on. Don’t questions with the good old boy net- pening with contracts that are given care where the chips fall, investigate it work about giving billions of dollars of without any competition, soul-source, all. If somebody is cheating the Amer- sole-source contracts under the buddy no-bid contracts. ican taxpayer, hold them accountable system. She said: Mr. ENSIGN. Mr. President, will the for it. I mean how do you miss 28,000 I can unequivocally state that the abuse Senator yield for a comment? meals, overbilling somebody by 28,000 related to contracts awarded to KBR [Halli- Mr. DORGAN. Of course. meals a day? I come from a town of 300 burton] represents the most blatant and im- Mr. ENSIGN. I want to inform the people, so we had a small restaurant. proper contract abuse I have witnessed dur- Senator from North Dakota that, hope- You can understand somebody missing ing the course of my professional career. fully, when we come back for a couple a cheeseburger or two but 28,000 meals That is pretty strong. days in December, as the chairman of a day? That is cheating. And it ought Now let me go through a couple of the Readiness Subcommittee, I plan on not take twice to learn the lesson. Do headlines. Boston Globe, June of this holding hearings on exactly this. I plan business with companies that cheat. year: Internal Pentagon audits have on pulling that curtain back. I plan on Cut them off. Shut it down. flagged about $1.4 billion in expenses getting into the investigation in the I am not going into this at great submitted by Halliburton for services same way as Harry Truman. If it hap- length, but I can give the example of the firm is providing in Iraq. Charges pens to be it is embarrassing to the ad- companies that in the same week that include $45 for a case of soda, $100 per ministration, we are going to find out they were paying multimillion dollar bag for laundry service, and several the truth on this—just like Harry Tru- penalties for cheating and defrauding months preparing at least 10,000 daily man went after those cost-plus con- the Government, in that same week meals that the troops didn’t need and tracts in those days. It is not only the they were signing new contracts for ultimately went to—by the way, in this soul-source aspect, it is also the fact new business with this Government. meal issue, there is another complaint. they are cost-plus contracts. Are we that lamebrained that we can’t The other complaint is they were We are going to do a thorough inves- understand when somebody cheats you charging for 42,000 meals a day and pre- tigation through the subcommittee, once you don’t need a second chance? paring 14,000 meals a day. That meant and I am committing to the Senator In my hometown, again, a town of 300 they were charging the taxpayers for that the things he is talking about people, you wouldn’t need to learn that 28,000 meals they were not serving the right now will be fully investigated by lesson twice. You do business with troops. our committee, and we are going to up- somebody who cheats you, you don’t do ‘‘Ex-Halliburton Workers Allege hold our oversight responsibility of business with them again. Not in this Rampant Waste: They say the firm this administration. town. It is a slap on the wrist, a pat on makes no efforts to control costs, over- Mr. DORGAN. Mr. President, that the back. Atta boy. That is not the way spending taxpayers’ money in Iraq and gives me some hope, and I hope as a re- it ought to work. Kuwait.’’ One former employee: ‘‘They sult of that the Senator would support I could spend a lot of time on this. I didn’t want to control costs at all. my amendment as well. The fact is, we will not do it now, but I could spend a Their motto was don’t worry about have not had many oversight hearings. lot of time talking about the abuses— cost. It’s a cost plus contract.’’ We have now been in this conflict for the taxpayer pays to air-condition a The supervisor described an arrange- several years, and a substantial building under reconstruction in Iraq. ment in which Halliburton provided 10 amount of money has been spent. A Well, that contract that goes to a sub- percent of additional payment on its very substantial amount of it has been contract, that goes to a local sub- phone calls to a Kuwaiti company for wasted, regrettably. contract and pretty soon it is all done.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25503 We pay it. It is like an ice cube; it sands and thousands and thousands of job for the people in this country, the melts in your hand like money does as hand towels for the troops? Well, you taxpayers who pay the taxes, if you it goes through to—guess what—pay just order them, don’t you? Oh, no, no. don’t believe this deserves your special for air-conditioning, and it is a ceiling His supervisor said you don’t just order attention and you don’t believe that fan in a room in Iraq some place. hand towels, you order hand towels em- Congress has failed in its responsibility Cheating? You bet it is. broidered with the company’s logo on of oversight. If you don’t believe that, I want to show you a picture of two it so it can double the price. You think then you should vote against my million dollars. Incidentally, this guy when the troops are washing their amendment. But if you understand the wearing the striped shirt, he worked in hands and face they are going to want responsibility for oversight and under- this area. These are hundred-dollar just a plain towel? No, they are going stand there has been virtually nothing bills wrapped in Saran Wrap. What to want one with our company logo on done except for the hearings I chair in would they be doing with a pile of bills it, so order the more expensive one. the Policy Committee and with those wrapped in Saran Wrap? He testified: I The sky is the limit. It is all cost hearings have uncovered dramatic ex- was over there with the Coalition Pro- plus. Don’t worry. Be happy. We are all amples of massive waste, fraud, and visional Authority, which is really us, making money—except the taxpayer is abuse, if you believe that is a real seri- as you know. taking a bath. ous problem, then you ought to support He says: We were telling people that I have raised this issue now for about this amendment. when you come to pick up the cash for 2 years on the floor of the Senate, to I hope every Senator will ask ques- your contracts and so on, understand it dead silence. tions of the Pentagon about Bunnatine is going to be in cash, so bring a bag. There was a silence back in the for- Greenhouse, the highest ranking civil- We deal in cash. He said we actually ties when Harry Truman raised it. ian in the Pentagon with outstanding threw these around as footballs from They empowered a committee to take performance reviews, outstanding re- time to time in the office, hundred-dol- a look and they discovered billions of views all along the way until she began lar bills wrapped in Saran Wrap. dollars of waste, fraud, and abuse. The to say: You can’t do this. You are vio- I don’t know how that would feel. taxpayer was taking a bath and the lating the regulations of the Pentagon But you can look at what it looked Congress did something about it. The in the way you are proceeding with re- like, how they appeared. He said: Bring question is, Will it now? spect to no-bid contracts, no-bid, sole- a bag. We deal in cash. He said: It was We haven’t received one answer from source, cost-plus contracts, the minute like the Old West. the Pentagon about all these issues. We she started telling those at the top of I have spoken at some length about haven’t received one single answer. the Corps of Engineers who wanted to this with a company called Custer Bat- This has all been transmitted to the award these kinds of contracts to say: tle. A couple guys show up in Iraq, and Pentagon, all of the testimony from Look, you are violating the very rules they decide: We are going to be con- five or six hearings. It is just unbeliev- that exist. The minute she started tractors. Pretty soon they are contrac- able. doing that, her career took a dramatic tors. Pretty soon they have millions of By the way, do you want 50,000 turn for the worse. At that point, she dollars, millions of dollars in con- pounds of nails? I know where 25 tons was told you are either going to be tracting, and then they start setting up of nails are. They are laying in the fired or demoted. offshore subsidiaries and selling to sand in Iraq, 25 tons of nails, 50,000 If the Congress does not care about them, cheating the Federal Govern- pounds ordered for reconstruction of that, then it does not care about any- ment. A couple of their employees de- Iraq. But they are the wrong size, and thing. If those who have the courage to cide that is not right and they are it does not matter, I guess, so they speak up and tell the truth, as they see it, are told the consequences for that going to disclose it. Then their lives throw them on the ground and they re- will be their career, then this Congress are threatened. order. It is just the taxpayers’ money. There is so much going on that it is It is all cost plus. Order 50,000 pounds doesn’t care much about those who just almost unbelievable to me. of nails the wrong size. Don’t sweat it. have the courage to stand up and speak The inspector general for the Coali- We are all going to get paid. out when it is necessary. There has tion Provisional Authority issued a re- What a mess. So the point is, Con- been a deafening silence, with the ex- port about the use of funds that actu- gress has the responsibility. Congress ception of a few Members of Congress, ally belong to the Iraqis. It came from has a responsibility to legislate, and on that point as well. This woman fights on alone. Why? the oil revenues which was under our Congress has a responsibility for some- Because not enough people here seem control then. There were 8,206 guards thing called oversight—oversight with to care, not even to care to ask the at one Iraqi ministry, 8,206 guards at respect to the funds that the Congress basic question of those who run the one of the ministries. And that is what appropriates. These funds, after all, Pentagon. Mr. President, I send the we were paying for through this $9 bil- come in from the American taxpayers amendment to the desk on behalf of lion. It turns out, in paying 8,206 secu- and then are used to be expended on myself, Senator DURBIN, Senator LAU- rity people, there were only 602 of various operations, various projects, in TENBERG, and Senator BOXER, and ask them. But 8,206 were paid. Where did this case reconstruction in Iraq or con- tractors that are contracting to pro- for its immediate consideration. the money go? If we could have dyed The PRESIDING OFFICER. The vide assistance to the troops in Iraq. all that money purple and walked clerk will report. around to see who had purple pants Some of that assistance to the troops The legislative clerk read as follows: pockets, we could have figured it out. manifests itself in food that is expired, The Senator from North Dakota [Mr. DOR- This is a massive cheating and abuse manifests itself in charging for food GAN], for himself, Mr. DURBIN, Ms. BOXER, scandal. that wasn’t delivered. and Mr. LAUTENBERG, proposes an amend- This is like a Rip Van Winkle oper- Now, Mr. President, I was tempted to ment numbered 2476. ation. We sort of doze through it all, go through the whole list of those who Mr. DORGAN. Mr. President, I ask don’t offend anybody, upset anybody. have testified. I shall not do that in unanimous consent that the reading of I am delighted to hear my colleague deference to my colleague who is on the amendment be dispensed with. is going to hold some hearings in De- the floor ready to speak. But I think The PRESIDING OFFICER. Without cember, but I am telling you this is a the point is made. The Congress can objection, it is so ordered. cesspool of trouble, digging into this. continue to decide, No, we don’t want (The amendment is printed in today’s The guy who used to buy towels for to do anything about this, and vote RECORD under ‘‘Text of Amendments.’’) our troops, from K.B.R. Halliburton, against this amendment. They have Mr. DORGAN. Mr. President, I in- bought hand towels—you know, the lit- done it previously. But it is pretty quire, how much of the 30 minutes al- tle hand towels. He told us how he or- hard, it seems to me, to look in the lowed to the proponent of the amend- dered the hand towels. Need some thou- mirror and think you have done a good ment has been used?

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25504 CONGRESSIONAL RECORD—SENATE November 9, 2005 The PRESIDING OFFICER. Twenty- system which will likely result in an The legislative clerk proceeded to two minutes. increase in end strength and result in call the roll. Mr. DORGAN. Mr. President, I re- people in the higher ranks of the en- Mr. LEVIN. Mr. President, I ask serve the remainder of my time. Sen- listed and officer corps clogging the unanimous consent that the order for ator DURBIN, I know, wishes to speak system and not allowing the people be- the quorum call be dispensed with. on this amendment. I reserve the re- neath them the opportunity for pro- The PRESIDING OFFICER (Mr. mainder of the time on this amend- motion. This amendment also rewards SUNUNU). Without objection, it is so or- ment. and retains people who, generally dered. I suggest the absence of a quorum. speaking, are already being retained at AMENDMENT NO. 2473, AS MODIFIED The PRESIDING OFFICER. The the required rate. In my assessment, Mr. LEVIN. Mr. President, this has clerk will call the roll. this amendment solves a problem that been cleared with the majority. The legislative clerk proceeded to does not exist. I call up the Durbin amendment No. call the roll. The Durbin amendment simply re- 2473. Mr. CHAMBLISS. Mr. President, I wards longevity of service. It does not The PRESIDING OFFICER. The ask unanimous consent that the order reward those members of the Reserve clerk will report. for the quorum call be rescinded. components who disrupt their lives in The bill clerk read as follows: The PRESIDING OFFICER. Without support of a contingency operation, The Senator from Michigan [Mr. LEVIN], objection, it is so ordered. and does not provide an incentive or re- for Mr. DURBIN, for himself, Mr. CORZINE, and AMENDMENT NO. 2433 ward for soldiers deployed in harm’s Ms. LANDRIEU, proposes an amendment num- Mr. CHAMBLISS. Mr. President, I way in defense of their country. bered 2473, as modified. Both amendments target soldiers rise in support of the Chambliss Mr. LEVIN. Mr. President, I ask who have sacrificed, but my amend- amendment and in opposition to the unanimous consent that reading of the ment targets the ones who have put amendment filed by my friend from Il- amendment be dispensed with. their lives in harm’s way, and we linois, Senator DURBIN. I am pleased The PRESIDING OFFICER. Without should be giving them a real incentive that the Durbin amendment has been objection, it is so ordered. to stay in the military. filed because it is good to see others The amendment is as follows: share my idea that the retirement sys- From a cost perspective, the Durbin amendment has a 1-year reward for as At the end of subtitle C of title V, add the tem for our Guard and Reserve soldiers following: needs to be updated to meet the new few as 22 days of Reserve duty. That is a 17-day reduction in the age a reserv- SEC. ll. ELIGIBILITY FOR RETIRED PAY FOR role these soldiers are playing as part NON-REGULAR SERVICE. ist could collect retirement for every 1 of our Nation’s military. (a) AGE AND SERVICE REQUIREMENTS.—Sub- By way of introduction, let me say I day of service, whereas my amendment section (a) of section 12731 of title 10, United think it is a very good thing we are de- is far more equitable. It is a one-for- States Code, is amended to read as follows: bating this issue at this time in the one reduction. ‘‘(a)(1) Except as provided in subsection (c), The Durbin amendment scores at $4.8 Senate today because not only is this a person is entitled, upon application, to re- billion over 5 years. My amendment tired pay computed under section 12739 of an important issue we need to talk scores at $320 million over 5 years. I this title, if the person— about as policymakers in the Congress, agree that cost should not be the sole ‘‘(A) satisfies one of the combinations of but today we have a majority of the determining factor, but we are in a real requirements for minimum age and min- men and women serving in the theater imum number of years of service (computed budget world today where we are strug- under section 12732 of this title) that are in Iraq who are members of the Guard gling to find dollars to buy weapons and Reserve. It is critically important specified in the table in paragraph (2); systems and to provide for these qual- ‘‘(B) performed the last six years of quali- that as we utilize these soldiers, we ity-of-life issues for our men and provide them with benefits that com- fying service while a member of any cat- women. I had an amendment last year egory named in section 12732(a)(1) of this pare to the active-duty soldiers. that was too expensive. We have come title, but not while a member of a regular I would like to compare the military back this year with a much more real- component, the Fleet Reserve, or the Fleet personnel system to a finely tuned ma- istic amendment that is affordable and, Marine Corps Reserve, except that in the chine because that is what it is. The in my opinion, is more rewarding to case of a person who completed 20 years of Department of Defense and the indi- those who deserve it at this point in service computed under section 12732 of this title before October 5, 1994, the number of vidual military services have staffs the life of our military. The scoring of that devote significant time and en- years of qualifying service under this sub- Senator DURBIN’s amendment is rough- ergy to determining how to recruit, re- paragraph shall be eight; and ly 8 times, almost 10 times as expensive ‘‘(C) is not entitled, under any other provi- tain, promote, separate, and retire peo- as my amendment. sion of law, to retired pay from an armed ple in their respective services. The De- In summary, while length of service force or retainer pay as a member of the partment recommends incentives, is one area which I do believe we Fleet Reserve or the Fleet Marine Corps Re- which we in Congress consider and au- should incentivize for our Guard and serve. thorize, which shape this process of re- Reserve soldiers, it is not the only be- ‘‘(2) The combinations of minimum age and cruiting and retention according to the havior or even the primary behavior we minimum years of service required of a per- son under subparagraph (A) of paragraph (1) needs of the services. It is a fact that need to reward. Rather, it is our re- any change in the military personnel for entitlement to retired pay as provided in servists who have truly sacrificed, who such paragraph are as follows: system will change the process and the have left their homes, their jobs, and incentives in question and could ‘‘Age, in years, The minimum years of service their families and put themselves in is at least: required for that age is: change them in ways that are detri- harm’s way who need to be rewarded 55 ...... 25 mental to the military services. and incentivized to stay in the Reserve. 56 ...... 24 I have crafted my amendment, the That is exactly what my amendment 57 ...... 23 underlying amendment, with these fac- does and does it in a fair and cost-effec- 58 ...... 22 tors in mind. However, in my assess- tive way. We incentivize voluntarism, 59 ...... 21 ment, the Durbin amendment has not not just incentivize longevity of serv- 60 ...... 20.’’. received the same scrutiny along these ice. (b) 20-YEAR LETTER.—Subsection (d) of lines and will, indeed, shape the per- I urge my colleagues to reject the such section is amended by striking ‘‘the years of service required for eligibility for sonnel system in unintended ways that Durbin amendment and to support the are detrimental to the military which retired pay under this chapter’’ in the first underlying amendment. sentence and inserting ‘‘20 years of service we simply cannot afford from a cost I yield the floor and suggest the ab- computed under section 12732 of this title.’’. perspective. sence of a quorum. (c) EFFECTIVE DATE.—This section and the The effect of this amendment will be The PRESIDING OFFICER. The amendments made by this subsection (a) to create an imbalance in the personnel clerk will call the roll. shall take effect on the first day of the first

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25505 month beginning on or after the date of the cles, and add-on armor kits. The GAO This Truman Commission cost very enactment of this Act and shall apply with Comptroller, David Walker, testified in little money in those days, but it saved respect to retired pay payable for that a Senate subcommittee hearing that us billions of dollars. It is a valuable month and subsequent months. the Department of Defense doesn’t lesson for today. Then, as now, sky- Mr. LEVIN. I thank the Presiding Of- have a system to be able to determine rocketing contract costs, rapid alloca- ficer. I suggest the absence of a with any degree of reliability and spec- tion of funds meant we were wasting quorum. ificity how we spend tens of millions of money. Harry Truman stated when he The PRESIDING OFFICER. The dollars. came to this Senate, the same Cham- clerk will call the roll. Mr. Walker then went on to say: ber, almost 64 years ago: The bill clerk proceeded to call the Trying to figure out what appropriated I’m calling the attention of the Senate to roll. funds were being spent on is like pulling these things because I believe most sincerely Mr. WARNER. Mr. President, I ask teeth. they need looking into. I consider public unanimous consent that the order for Shortchanging the taxpayers is not funds to be sacred funds and I think they the quorum call be dispensed with. ought to have every safeguard possible to acceptable. Shortchanging our troops, prevent their misuse or being mishandled. The PRESIDING OFFICER. Without especially when they are risking their Senator Truman went on to say: objection, it is so ordered. lives for America, is absolutely inex- Mr. WARNER. Mr. President, in con- cusable. We have been talking about I think the Senate ought to create a spe- cial committee with authority to examine sultation with the distinguished Sen- personal and vehicle armor shortages ator from Michigan and leadership, I every contract. for months. The National Archives describes the propound this unanimous consent re- I will never forget my first visit to Truman Committee: quest, which I understand has been Walter Reed to see the first injured cleared on both sides. I ask unanimous The committee earned a high reputation veteran from Iraq, a member of the for thoroughness and efficiency. After the consent that the 2:45 votes be delayed Ohio National Guard, who had lost his to begin at 3:20, and further that at 5:30 end of the war the committee turned its left leg below the knee. I asked him analysis to wartime experiences in order to the Senate proceed to a vote in rela- what happened. He said: It is those make recommendations that improved post- tion to the Chambliss amendment No. humvees. They don’t have any armor war and future national defense programs. 2433, to be followed by a vote in rela- plating on them. It was a real national service. We tion to the Durbin amendment No. This soldier told me he couldn’t wait continue to offer this amendment on 2473, with the instructions modified to to get his new leg so he could get back the Democratic side of the aisle and we change it to a first degree, with no sec- in combat. That is the kind of fighting cannot find a single Senator, or very ond degrees in order to either amend- spirit which we love to see in the men few, I should say, on the Republican ment prior to the vote; further, that and women who are serving this coun- side even interested in talking about there be 2 minutes equally divided be- try. Shouldn’t we have the same fight- it. Why? Why wouldn’t they be inter- tween each of the stacked votes. ing spirit when it comes to providing ested in making certain the taxpayers’ The PRESIDING OFFICER. Without them with the equipment they need so dollars are well spent in the Depart- objection, it is so ordered. they can come home safely with their ment of Defense? Why wouldn’t they Mr. WARNER. Mr. President, I sug- mission accomplished, truly accom- want accountability when it comes to gest the absence of a quorum. plished? If we waste money with profit- the equipment to protect our troops? The PRESIDING OFFICER. The eers and those who try to gouge the I joined with Senator DORGAN with clerk will call the roll. Federal Government at the expense of this amendment to create a new Tru- The bill clerk proceeded to call the our troops, we are not doing our sol- man committee to oversee contracting roll. diers any favor. awards in Iraq, Afghanistan, and the Mr. DURBIN. Mr. President, I ask These shortages, especially of armor, war on terrorism. We need this com- unanimous consent that the order for have sent young men to Walter Reed mittee. As Goldman Sachs Inter- the quorum call be rescinded. for a long time, with missing arms and national Vice President Robert The PRESIDING OFFICER. Without legs, and other serious injuries. I have Hormats stated: objection, it is so ordered. met them. I don’t know how we can There is nothing more corrosive of support AMENDMENT NO. 2476 face them and honestly say we have for a war anywhere in the world, the war Mr. DURBIN. Mr. President, I joined not tried to do everything within our against terrorism or dealing with the prob- with Senator DORGAN of North Dakota lems in Iraq, than the concern that taxpayer power to make certain their fellow sol- money is not being used well. in offering amendment numbered 2476. diers are protected. Our current system The simple fact is we need better It is an amendment on which we both does not work. oversight. We need this committee. We worked. Over the years we have shared In 1941, Senator Harry Truman, a need to identify the weaknesses in our billing on it because we both believe it Democrat from Missouri, introduced a current system. We need the best prac- is essential. It is an amendment which resolution creating a special com- tices to be followed by our Department calls for the creation of a Truman-like mittee to investigate the national de- commission to make certain we are of Defense. fense program. Who was the President We learned earlier this year that $8.8 spending our defense dollars effec- at the time? Franklin Roosevelt, a billion that was managed by the Coali- tively, we are not wasting money, and Democrat from New York. We had a tion Provisional Authority in Iraq sim- that the money spent is for the secu- Democratic Senator calling for an in- ply disappeared. We brought back Mr. rity of America and the protection of vestigation of the War Department of a Bremmer, the head of that Coalition our troops. Democratic President. Those were the Provisional Authority for the United In a report on defense logistics issued days—and you have to search the his- States, and gave him a gold medal. I in March of this year, the Government tory days to remember them—when wish we had found the $8.8 billion be- Accountability Office found that U.S. there was real oversight in Congress, fore we gave him a gold medal. Reports troops experienced shortages in seven regardless of the party affiliation. indicate that payrolls in Iraqi min- of the nine items that the GAO re- We find exactly the opposite today. istries under the control of that au- viewed. The report reads: The Republican majority in Congress thority were inflated with thousands of These shortages led in some cases to a de- refuses to accept the responsibility of ghost employees. The United States In- cline in the operational capability of equip- oversight because they might embar- spector General for Iraqi reconstruc- ment and increased risk for troops. rass the Republican administration in tion has said: The items included generators for as- the White House. This is not about pro- We believe the CPA management of Iraq’s sault vehicles, armored vehicle parts, tecting the President from embarrass- national budget process and oversight of lithium batteries, meals ready to eat, ment. This is about protecting our funds was burdened by severe inefficiencies truck tires, body armor, armored vehi- troops. and poor management.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25506 CONGRESSIONAL RECORD—SENATE November 9, 2005 The list goes on and on. the national security of the United States, to the Reid amendment by talking We owe our troops and our taxpayers including the knowing disclosure of the iden- about it as an open-ended standard. In better oversight of their money. This tity of a covert agent of the Central Intel- deference to the concerns of our col- bipartisan special committee called for ligence Agency to a person not authorized to leagues on the other side, I have added receive such information, shall be permitted in the Dorgan-Durbin amendment will to hold a security clearance for access to a ‘‘knowing’’ standard—in other words, accomplish that. classified information.’’. if you don’t know it, then that is one So many Members come to the Sen- (2) APPLICABILITY.—Subsection (f) of sec- thing; if you do know it, it is quite ate today and say not one penny is tion 4 of the Internal Security Act of 1950, as something else—which is more than going to be spent for Hurricane Katrina added by paragraph (1), shall apply to any in- fair to someone who reveals our na- or to safeguard America against avian dividual holding a security clearance on or tional security secrets. influenza unless we offset it. We are after the date of the enactment of this Act I see my colleague and friend from watchdogs when it comes to new pro- with respect to any knowing violation of law Virginia on the other side. I am re- or regulation described in such subsection, grams. Why not be watchdogs for exist- minded when both of us wore a uniform regardless of whether such violation occurs some years ago, it was ‘‘loose lips sink ing programs? If Congress is not exer- before, on, or after that date. cising its power of oversight, for good- (b) CLARIFICATION OF AUTHORITY TO ISSUE ships.’’ The lights were darkened all ness sake, let us create a Truman-like SECURITY REGULATIONS AND ORDERS.— along the coast. You couldn’t even tell commission that will. Let’s ask the Mr. LAUTENBERG. Mr. President, your family where you were at the hard question and get the right an- the amendment I offer today is some- time. As a matter of fact, I was in an swers. Let’s protect our troops and pro- thing I believe is urgently needed be- area in Belgium that was quite dan- tect the taxpayers. cause of security concerns raised con- gerous. I did find a place that sold a I reserve the remainder of my time stantly these days, particularly as a re- postcard that was written in the lan- and urge my colleagues on both sides of sult of a recent indictment we are all guage of the area. It was Flemish. I the aisle to support the Dorgan-Durbin aware of. The amendment is relatively sent it to my mother to give her an in- amendment numbered 2476. simple, straightforward. It clarifies dication where I was. I kind of had to I yield the floor and suggest the ab- part of the intelligence law to be clear sneak by the censors. We are at war. People are at war with sence of a quorum. that those who compromise classified us. Terrorists are liable to attack us at The PRESIDING OFFICER. The information cannot hold a clearance. any time. They are certainly doing clerk will call the roll. The indictment describes conduct by a what they can to even injure or kill The bill clerk proceeded to call the White House official that must not be our service people who are abroad. We roll. tolerated. Certainly, an irresponsible ought to make sure we are as diligent Mr. LAUTENBERG. Mr. President, I and reckless official should not be al- about covering our security as we can ask unanimous consent that the order lowed to continue to hold a clearance be. We should ask nothing less than for the quorum call be rescinded. to see top-secret information. total obedience to the rules. I am here The PRESIDING OFFICER. Without The person at issue is identified in with the consent and support of Sen- objection, it is so ordered. the recent indictment I spoke of earlier ator REID of Nevada, Senator LEVIN, Mr. LAUTENBERG. Mr. President, I as ‘‘Official A.’’ According to the Wash- and others who believe we should do ask unanimous consent that the pend- ington Post, White House staff have this. I hope my colleagues across the ing amendments be set aside. confirmed that Official A is Mr. Karl aisle can agree that if somebody gives The PRESIDING OFFICER. Without Rove. He is the deputy chief of staff to information they shouldn’t, by golly, objection, it is so ordered. The pending the President. The indictment says what we are saying is the penalty is amendments are set aside. this official gave classified information that you should lose that security AMENDMENT NO. 2478 to a journalist. Any official who does clearance and that person should be Mr. LAUTENBERG. Mr. President, I such a thing should certainly not con- treated as the President suggests, re- send an amendment to the desk and tinue to hold a clearance. moved from the security scene. ask for its immediate consideration. It is quite clear what President It is plain common sense. I urge my The PRESIDING OFFICER. The Bush’s intent was when he said he colleagues to support the amendment. clerk will report. wanted to clear the air about any leak- I yield the floor. The bill clerk read as follows: age of classified information. I think The PRESIDING OFFICER (Mr. MAR- we should follow his pledge or remind The Senator from New Jersey [Mr. LAU- TINEZ). The Senator from Virginia. TENBERG] proposes an amendment numbered him of his pledge to remove anyone in- Mr. WARNER. Mr. President, I say to 2478. volved with leaking information. We my colleague, I recall that period very Mr. LAUTENBERG. Mr. President, I know the information given to the well. There were times when the Na- ask unanimous consent that reading of journalist Robert Novak was, indeed, tion’s capital had blackouts. At that the amendment be dispensed with. published, and a CIA operative was ex- time my father was a doctor actively The PRESIDING OFFICER. Without posed. practicing medicine in this city, and he The actions taken by the White objection, it is so ordered. had to take the headlights on his car House staff have damaged our national The amendment is as follows: and put a black screen over the head- security. Thusly, an indictment has light with about a 1-inch slit so he (Purpose: To prohibit individuals who know- come about. It has destroyed an ingly engage in certain violations relating could respond to emergency measures to the handling of classified information operative’s covert cover, compromised during the blackout. Where our home from holding a security clearance) intelligence-gathering operations, and was at that time we had blackout cur- On page 286, strike lines 1 through 3, and endangered the safety of other CIA em- tains. We regularly went out to make insert the following: ployees and their contacts. sure there was no leakage of the light The amendment I offer today is simi- SEC. 1072. IMPROVEMENTS OF INTERNAL SECU- because at that time the city lights, if RITY ACT OF 1950. lar to one that was offered earlier in they had been on, silhouetted U.S. and (a) PROHIBITION ON HOLDING OF SECURITY the year by Senator REID in July. My other allied shipping such that they CLEARANCE AFTER CERTAIN VIOLATIONS ON amendment has one significant dif- were the target of then German sub- HANDLING OF CLASSIFIED INFORMATION.— ference. It includes the words a ‘‘know- marines off the coast. Indeed, it is hard (1) PROHIBITION.—Section 4 of the Internal ing’’ standard so that someone who un- to believe this, but the coastline from Security Act of 1950 (50 U.S.C. 783) is amend- knowingly does it doesn’t get included Florida all the way up to New England ed by adding at the end the following new in our amendment. We wanted to nar- subsection: was strewn with the damage of ships ‘‘(f) No person who knowingly violates a row the field and say, if you talk about that were torpedoed. law or regulation regarding the handling of these things and know it, you ought to I remember well that period of time, classified information in a manner that pay for it. The payment is fairly sim- and I remember the phrase. I am sur- could have a significant adverse impact on ple. My Republican colleagues reacted prised you, as an Army man, used a

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25507 Navy phrase that loose lips sank ships. Mr. LAUTENBERG. Certainly. The bill clerk called the roll. But we have a very serious amendment The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the here, deserving of equally serious at- objection, it is so ordered. Senator from New Jersey (Mr. CORZINE) tention. It has just been handed to us. Mr. WARNER. The standard you have is necessarily absent. I am sure the Senator would appreciate is ‘‘could have a significant adverse im- The PRESIDING OFFICER. Are there that we would need some time to study pact.’’ Do you have any criteria for any other Senators in the Chamber de- this to determine exactly how we ‘‘significant’’? As you and I both know, siring to vote? should respond. having dealt in these areas for many The result was announced—yeas 99, I am reading the first paragraph: ‘‘No years, we often look at things that are nays 0, as follows: person who knowingly violates,’’ that classified and we say to ourselves: Why [Rollcall Vote No. 312 Leg.] would mean he would have to know in the world would they be classifying YEAS—99 that, A, his material is classified, and, this document? Unfortunately, the Akaka Dole Martinez B, that he has to have a knowledge of broad brush of classification some- Alexander Domenici McCain the law and regulation? Are those the times is utilized on things that I don’t Allard Dorgan McConnell two elements of that? think need to be classified. Allen Durbin Mikulski Mr. LAUTENBERG. Yes, the Senator Baucus Ensign Murkowski Mr. LAUTENBERG. I think current Bayh Enzi Murray is correct. And what we say is, if you law describes that. We will use that as Bennett Feingold Nelson (FL) do it, the least that ought to happen is the standard. Again, there is no inten- Biden Feinstein Nelson (NE) you ought to learn enough of a lesson tion here to bypass the rules. It is to Bingaman Frist Obama Bond Graham Pryor that we are going to remove any access confirm clearly that if you talk about Boxer Grassley Reed to classified information if you do it this, we are not saying you go to jail. Brownback Gregg Reid knowingly. We are not saying anything else. But Bunning Hagel Roberts Mr. WARNER. I understand what the Burns Harkin Rockefeller you certainly should no longer have ac- Burr Hatch Salazar consequences are. But I want to make cess to classified information. Byrd Hutchison Santorum certain the Senator was trying to draw Mr. WARNER. Would the Senator be Cantwell Inhofe Sarbanes this up in such a way that, no matter able to supply for the record the ref- Carper Inouye Schumer how misfortunate, if it is unin- Chafee Isakson Sessions erences that he says would define fur- Chambliss Jeffords Shelby tentioned, then that would not be a ther the word ‘‘significant’’? You said Clinton Johnson Smith violation. it is defined in law. Could you cite Coburn Kennedy Snowe Mr. LAUTENBERG. Right. Cochran Kerry Specter those laws upon which you rely? Coleman Kohl Stabenow Mr. WARNER. I find it difficult to Mr. LAUTENBERG. Yes. We will cer- believe anyone who has a security Collins Kyl Stevens tainly try to do that. Conrad Landrieu Sununu clearance would not understand the The PRESIDING OFFICER. Who Cornyn Lautenberg Talent basic law and regulation prohibiting or yields time? Craig Leahy Thomas controlling its use. You can almost im- Crapo Levin Thune Mr. WARNER. I think I still have the Dayton Lieberman Vitter pute to the person knowledge of the floor. DeMint Lincoln Voinovich statute and law. The PRESIDING OFFICER. The Sen- DeWine Lott Warner Mr. LAUTENBERG. We tried our best ator from Virginia. Dodd Lugar Wyden to clarify it and remove the concern Mr. WARNER. Mr. President, again, NOT VOTING—1 that was exhibited when Senator REID this amendment has just been given to Corzine offered it last July. This was added be- the majority side. We will, in due The amendment (No. 2440), as modi- cause colleagues on the other side course, have further response to the made an observation that was sensible; fied, was agreed to. Senator. At this time it becomes the Mr. WARNER. Mr. President, I move that is, if someone does something un- pending amendment. knowingly, you can’t punish them. But to reconsider the vote. The PRESIDING OFFICER. It is the Mr. DODD. I move to lay that motion on the other hand, if someone has a job pending amendment. that includes security, I would have to on the table. Mr. WARNER. Fine. I thank my col- The motion to lay on the table was say they would know this is a violation league. to betray any of the rules they are sub- agreed to. I yield the floor. Mr. WARNER. Mr. President, it is my jected to. But this clarifies it. There is Mr. LAUTENBERG. I thank the Sen- no intention here to pull the wool over understanding that we have a second ator. I suggest the absence of a vote as ordered. anybody’s eyes or anything such as quorum. that. It is to make sure we prevent any The PRESIDING OFFICER. The AMENDMENT NO. 2443 leakage as much as we can of security clerk will call the roll. The PRESIDING OFFICER. The next information. We are so sensitized to it The bill clerk proceeded to call the question is on the Ensign amendment. that the country is at times locked up roll. There are 2 minutes equally divided. in concerns with these warnings being Mr. WARNER. Mr. President, I ask Who yields time? given out, and we ought to try to re- unanimous consent that the order for Mr. ENSIGN. Mr. President, I ask strict that from happening as much as the quorum call be rescinded. that Senator ALLARD be added as co- possible. The PRESIDING OFFICER. Without sponsor to my amendment. It can be careless. The Senator can objection, it is so ordered. The PRESIDING OFFICER. Without well remember the time, a very unfor- Mr. WARNER. Mr. President, are we objection, it is so ordered. tunate time, when an informant, some- not at this point in time guided by the Mr. ENSIGN. Mr. President, very one working with the CIA in Latin standing order we just entered? simply, this amendment seeks to clar- America—Guatemala, I believe it was— The PRESIDING OFFICER. The Sen- ify what the policy of the United was assassinated after their identity ator is correct. The question is on States has been since 1975, that our was revealed. We don’t want that to agreeing to the Inhofe amendment, as military would be able to use riot con- happen. We have our friends and rel- modified. trol agents—in this case tear gas—for atives overseas now. Mr. WARNER. Have the yeas and defensive purposes. That has been the Mr. WARNER. Let me interrupt. I nays been ordered? policy of the United States. But be- want to make certain that time used The PRESIDING OFFICER. They cause of some interpretations, our during the colloquy is divided equally, have been ordered. military is not able to use tear gas. that when I speak, it is charged to my Mr. WARNER. May we now proceed They do not take it with them, they do time, and the Senator from New Jer- with the vote. not train with it, and in many cases sey, as he speaks, the time will be The PRESIDING OFFICER. The tear gas—just as police forces use it all charged to him; is that agreeable? clerk will call the roll. over the world—would save civilian

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25508 CONGRESSIONAL RECORD—SENATE November 9, 2005 lives as well as lives of the members of They have informed me and my staff Mr. BIDEN. Mr. President, I will vote our military. that, in their view, the use of riot con- in favor of the Ensign amendment to This is absolutely a critical amend- trol agents is a very complex matter. It this bill, relating to the use of riot con- ment to save lives of Americans and for is not clear that commanders in the trol agents, and I want to make clear those civilians who, when our military field want to use ‘‘RCAs’’ widely. How- to my colleagues why a steadfast sup- kills them—and unfortunately these ever, there are a number of cases where porter of the Chemical Weapons Con- things happen—it makes us look bad as RCAs could be very useful to avoid un- vention can do so in good conscience. a country. necessary loss of life. I have been as- Senator ENSIGN is concerned that cur- This is a critical amendment that we sured that, consistent with the Execu- rent interpretation of U.S. policy and need to adopt. tive Order, U.S. Armed Forces have au- of U.S. obligations under international Mr. WARNER. Mr. President, I wish thority to use riot control agents. Fur- law might be hampering U.S. forces in to indicate to my colleagues that I thermore, I am informed that DoD will Iraq. I gather that not everybody have carefully studied this. I support examine whether any confusion exists shares that belief, but I do not doubt the Ensign amendment. I defer to my about RCA use, and will take all steps that some people have this concern, colleague, Senator LEVIN. necessary to ensure that U.S. Armed and I appreciate Senator ENSIGN’s de- Mr. LEVIN. Mr. President, the Sen- Forces have the clear guidance that sire to make sure that people in the ator from Nevada has assured the Sen- they need and deserve. military fully understand what they ate that this amendment does not seek, I am confident that the DoD and the can and cannot do when it comes to in any way, to change current policy, administration will ensure that our using riot control agents in Iraq. including Executive Order 11850, rel- men and women in uniform have every What is important about the Ensign ative to the use of riot control agents. tool available to them consistent with amendment, in my view, is that it will I note that the President has provided U.S. and international law. in no way modify either U.S. policy or the Presidential approval required by Mr. LUGAR. Mr. President, I rise U.S. international obligations regard- that Executive order for use of riot today to share my views on the amend- ing the use of riot control agents. The control agents in Iraq. We look forward ment offered by Senator ENSIGN re- statement, in subsection (a) of the to consulting with the administration. garding the use of riot control agents, amendment that ‘‘riot control agents The amendment of the Senator from RCAs, by members of our Armed are not chemical weapons’’ is fully con- Nevada is an appropriate amendment. Forces in war. As one of the principal sistent with the Chemical Weapons It could be very helpful, and we support proponents of Senate ratification of Convention, in which ‘‘riot control the amendment. the CWC, along with my ranking mem- agent’’ is defined as a chemical, not Mr. WARNER. Mr. President, as I ber, Senator BIDEN, I feel it important listed in any of the Convention’s three stated on the floor yesterday, I am able to provide my views in relation to this lists of chemical weapons or their pre- to support Senator ENSIGN’s amend- amendment. cursors, ‘‘which can produce rapidly in ment because it now includes several I will vote in favor this amendment, humans sensory irritation or disabling important modifications that were re- and I do so because I believe that it in physical effects which disappear within quested by the administration. As a re- no way modifies, changes, reinterprets, a short time following termination of sult of those modifications, the amend- or otherwise revises the laws of the exposure.’’ That definition is quite dif- ment more accurately reflects current United States regarding the use of ferent from the definition of a ‘‘toxic U.S. policy and law regarding the use RCAs in war to save lives, nor in any chemical’’ in a chemical weapon, of riot control agents by members of way affects U.S. compliance with our ‘‘which through its chemical action on the Armed Forces. I thank Senator EN- international obligations. This amend- life processes can cause death, tem- SIGN for agreeing to those modifica- ment creates no new law, and changes porary incapacitation or permanent tions. I will take into account the no U.S. policy. harm to humans or animals.’’ So the views and recommendations of the ad- When the Senate approved a resolu- Ensign amendment is correct in that a ministration as we continue our work tion of advice and consent to ratifica- riot control agent, as defined in the on this issue and the bill in conference. tion of the Convention on the Prohibi- Chemical Weapons Convention, would The resolution of ratification for the tion of Development, Production, not be a chemical weapon as defined in Chemical Weapons Convention, CWC, Stockpiling and Use of Chemical Weap- that convention. passed by this body contained a condi- ons and on Their Destruction—The Similarly, the Ensign amendment tion requiring the President to certify Chemical Weapons Convention or CWC now before this body accurately re- that the United States is not restricted in 1997, it made the conditional on flects U.S. policy as established by by the CWC in its use of riot control maintaining U.S. law in effect at that President Gerald Ford in Executive agents in certain specified cir- time. Condition 26(B) of that resolution Order 11850 of April 8, 1975. That Execu- cumstances. In addition, the condition of ratification stated: tive order, signed by a Republican required the President not to eliminate The President shall take no measure, and President and implemented by six sub- or alter Executive Order 11850, which prescribe no rule or regulation, which would sequent Presidents of both parties over prohibits the use of riot control agents alter or eliminate Executive Order 11850 of the last 30 years, states: ‘‘The United in war ‘‘except in defensive military April 8, 1975. States renounces, as a matter of na- modes to save lives.’’ Senator ENSIGN’s amendment men- tional policy . . . first use of riot con- In response to questions from myself tions both this Executive order and the trol agents in war except in defensive and Senator LEVIN on the floor yester- Senate-approved condition. military modes to save lives. . . .’’ It day and today, Senator ENSIGN con- Senator ENSIGN’s amendment cannot goes on to give four examples of such firmed that he does not seek through modify that condition, and because it defensive military modes, only two of this amendment to amend, expand or merely restates authority the Presi- which relate to combat zones: reinterpret Executive Order 11850 in dent already has regarding the use of ‘‘(b) . . . in situations in which civil- any way. It is on that understanding RCAs in war, I believe that voting for ians are used to mask or screen attacks that I can support his amendment. the amendment will not harm U.S. and civilian casualties can be reduced The Senator from Nevada has raised leadership in preventing the prolifera- or avoided’’; and the question of whether the U.S. tion of chemical weapons nor will it re- ‘‘(c) . . . in rescue missions in re- Armed Forces currently have suffi- verse the will of the Senate at the time motely isolated areas, of downed air- ciently clear authority with respect to it approved the CWC. I look forward to crews and passengers, and escaping riot control agents. I have looked into working with Chairman WARNER, Sen- prisoners.’’ this matter and consulted with rep- ator LEVIN, and the administration as Executive Order 11850 then orders im- resentatives of the Department of De- this provision is considered in con- plementation, as follows: fense, including representatives of our ference with the House, and in efforts ‘‘Sec. 1. The Secretary of Defense commanders in the field. to improve it in that conference. shall take all necessary measures to

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25509 ensure that the use by the Armed Sarbanes Specter Thune The PRESIDING OFFICER. Who Forces of the United States of any riot Schumer Stabenow Vitter yields time? Sessions Stevens Voinovich control agents and chemical herbicides Shelby Sununu Warner Mr. WARNER. I suggest the absence in war is prohibited unless such use has Smith Talent Wyden of a quorum. Presidential approval, in advance. Snowe Thomas The PRESIDING OFFICER. The ‘‘Sec. 2. The Secretary of Defense NAYS—1 clerk will call the roll. shall prescribe the rules and regula- Harkin The assistant legislative clerk pro- tions he deems necessary to ensure NOT VOTING—1 ceeded to call the roll. that the national policy herein an- Corzine Mr. WARNER. Mr. President, I ask nounced shall be observed by the unanimous consent that the order for The amendment (No. 2443) was agreed Armed Forces of the United States.’’ the quorum call be rescinded. As far as I can tell, Senator ENSIGN to. Mr. WARNER. I move to reconsider The PRESIDING OFFICER. Without does not intend that anything in Exec- objection, it is so ordered. utive Order 11850 be changed, nor that the vote. AMENDMENT NO. 1526, AS FURTHER MODIFIED there be any change in the U.S. policy Mr. SHELBY. I move to lay that mo- and obligation to fully obey the Chem- tion on the table. Mr. WARNER. Mr. President, I ask The motion to lay on the table was ical Weapons Convention, which binds unanimous consent that the previously agreed to. each state party ‘‘not to use riot con- agreed to amendment No. 1526 be modi- Mr. WARNER. Mr. President, we re- trol agents as a method of warfare.’’ It fied. I send that modification to the main on the bill, but a colleague has a is standing U.S. policy that if some- desk. The amendment has been cleared unanimous consent. by the other side and is merely a tech- body is using human shields, as oc- Mr. SHELBY. Mr. President, I ask curred in Somalia in the early 1990s, nical correction. unanimous consent I be able to proceed The PRESIDING OFFICER. Without our Armed Forces may use riot control as in morning business for 5 minutes. agents ‘‘in defensive military modes to objection, the amendment is so modi- The PRESIDING OFFICER (Mr. fied. save lives’’ without violating our obli- COBURN). Without objection, it is so or- gations as state party to the Chemical The amendment, as further modified, dered. is as follows: Weapons Convention. Mr. WARNER. Is there not a pending In light of my view that the Ensign amendment that must be laid aside On page 371, between lines 8 and 9, insert amendment will not change U.S. policy first? the following: and will not call into question the re- The PRESIDING OFFICER. The Sen- SEC. 2887. SENSE OF THE SENATE REGARDING quirement to comply with our inter- COMMUNITY IMPACT ASSISTANCE ator is proceeding in morning business, RELATED TO CONSTRUCTION OF national obligations under the Chem- and that will take care of it. NAVY LANDING FIELD, NORTH CARO- ical Weapons Convention, I see no rea- Mr. WARNER. I thank the Presiding LINA. son to oppose this amendment. I do Officer. It is the sense of the Senate that— urge, however, that the limited nature The Lautenberg amendment is the (1) the planned construction of an outlying of this amendment be made more ex- pending amendment on the Defense au- landing field in North Carolina is vital to the plicit in conference. thorization bill. national security interests of the United The PRESIDING OFFICER. All time States; and The PRESIDING OFFICER. The Sen- (2) the Department of Defense should work has been yielded. The question is on ator is correct. with other Federal agencies to provide com- agreeing to the amendment. The yeas The Senator from Alabama is recog- munity impact assistance to those commu- and nays have been ordered, and the nized for 5 minutes. nities directly impacted by the location of clerk will call the roll. (The remarks of Mr. SHELBY are the outlying landing field, including, where The legislative clerk called the roll. printed in today’s RECORD under appropriate— Mr. DURBIN. I announce that the ‘‘Morning Business.’’) (A) economic development assistance; Senator from New Jersey (Mr. CORZINE) The PRESIDING OFFICER. Who (B) impact aid program assistance; is necessarily absent. yields time? (C) the provision by cooperative agreement Mr. WARNER. Mr. President, I sug- with the Navy of fire, rescue, water, and The PRESIDING OFFICER. Are there sewer services; any other Senators in the Chamber de- gest the absence of a quorum. (D) access by leasing arrangement to ap- siring to vote? The PRESIDING OFFICER. The propriate land for farming for farmers im- The result was announced—yeas 98, clerk will call the roll. pacted by the location of the landing field; nays 1, as follows: The assistant legislative clerk pro- (E) direct relocation assistance; and [Rollcall Vote No. 313 Leg.] ceeded to call the roll. (F) fair compensation to landowners for Mr. WARNER. Mr. President, I ask property purchased by the Navy. YEAS—98 unanimous consent that the order for AMENDMENT NO. 2483 Akaka Craig Kerry the quorum call be rescinded. Alexander Crapo Kohl The PRESIDING OFFICER. The Sen- Allard Dayton Kyl The PRESIDING OFFICER. Without ator from Illinois. Allen DeMint Landrieu objection, it is so ordered. Mr. DURBIN. Mr. President, I send Baucus DeWine Lautenberg Mr. WARNER. Mr. President, the an amendment to the desk on behalf of Bayh Dodd Leahy need for a quorum call at this time is Bennett Dole Levin Senator BAYH and myself. because there are a number of Senators Biden Domenici Lieberman The PRESIDING OFFICER. Without Bingaman Dorgan Lincoln who had to depart Capitol Hill for a objection, the pending amendments are Bond Durbin Lott meeting. Therefore, it is beyond the Boxer Ensign Lugar set aside. control of either manager. We need to Brownback Enzi Martinez The clerk will report. Bunning Feingold McCain keep in reserve our time on the bill. So Burns Feinstein McConnell I ask unanimous consent that the time The assistant legislative clerk read Burr Frist Mikulski as follows: Byrd Graham Murkowski expended in the quorum call up to just The Senator from Illinois [Mr. DURBIN], for Cantwell Grassley Murray a minute ago, when I withdrew it, as Carper Gregg Nelson (FL) well as the time that will ensue in the himself and Mr. BAYH, proposes an amend- Chafee Hagel Nelson (NE) following quorum call not be charged ment numbered 2483. Chambliss Hatch Obama Mr. DURBIN. I ask unanimous con- Clinton Hutchison Pryor to either side. Coburn Inhofe Reed The PRESIDING OFFICER. Without sent that reading of the amendment be Cochran Inouye Reid objection, it is so ordered. dispensed with. Coleman Isakson Roberts Mr. WARNER. I thank the Presiding The PRESIDING OFFICER. Without Collins Jeffords Rockefeller Conrad Johnson Salazar Officer and I thank the Parliamen- objection, it is so ordered. Cornyn Kennedy Santorum tarian. The amendment is as follows:

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25510 CONGRESSIONAL RECORD—SENATE November 9, 2005 (Purpose: To provide income replacement ‘‘910. Replacement of lost income: involun- and 11 percent lose more than $2,500 per payments for certain Reserves experi- tarily mobilized reserve compo- month. This income loss represents a encing extended and frequent mobilization nent members subject to ex- disparity in the ranks and poses on re- for active duty service) tended and frequent active duty servists a burden not experienced by service.’’. At the end of subtitle A of title VI, add the many Active-Duty troops. Many Ac- following: (c) EFFECTIVE DATE.—Section 910 of title 37, United States Code, as added by sub- tive-Duty troops experience increases SEC. ll. INCOME REPLACEMENT PAYMENTS section (a), shall apply for months after De- in income during deployments due to FOR RESERVES EXPERIENCING EX- cember 2005. tax advantages, hazardous duty pay, TENDED AND FREQUENT MOBILIZA- (d) LIMITATION ON FISCAL YEAR 2006 OBLI- TION FOR ACTIVE DUTY SERVICE. family separation allowances, and GATIONS.—During fiscal year 2006, obligations other special pay enhancements. Those (a) IN GENERAL.—Chapter 19 of title 37, incurred under section 910 of title 37, United United States Code, is amended by adding at reservists with incomes higher than States Code, to provide income replacement the deployed military suffer a loss. the end the following new section: payments to involuntarily mobilized mem- bers of a reserve component who are subject Their ongoing financial commitments ‘‘§ 910. Replacement of lost income: involun- continue for their children, for their tarily mobilized reserve component mem- to extended and frequent active duty service bers subject to extended and frequent ac- may not exceed $60,000,000. families, for their homes, their auto- tive duty service Mr. DURBIN. Mr. President, let me mobiles. You know the list as well as I say at the outset that Senator BAYH do. Their basic expenses are based on ‘‘(a) PAYMENT REQUIRED.—The Secretary civilian income, but when they are ac- concerned shall pay to an eligible member of and I are offering this amendment. It a reserve component of the armed forces an turns out that we have had the same tivated, they are receiving military in- amount equal to the monthly active-duty in- basic concept and idea. We kind of come. The resulting financial problems come differential of the member, as deter- came at it a little differently. I spoke on the homefront can distract a man or mined by the Secretary. The payments shall to him on the telephone a few moments woman who has said: I am ready to be made on a monthly basis. ago. I am going to defer to him in al- serve my country and even risk my ‘‘(b) ELIGIBILITY.—Subject to subsection lowing him to be the lead sponsor on life. (c), a reserve component member is entitled this amendment because together we The amendment I offer with Senator to a payment under this section for any full might have a better chance of success, BAYH allows reservists mobilized for month of active duty of the member, while and that, of course, is the ultimate test extended periods to receive up to $3,000 on active duty under an involuntary mobili- per month in extra pay to make up for zation order, following the date on which the of the wisdom of this concept. member— I especially salute Robert Preiss of differences between their military and ‘‘(1) completes 180 continuous days of serv- my staff, who is a fellow serving in my civilian salaries. To qualify, a reservist ice on active duty under such an order; office who has come to us from the must have a pay gap of at least $50 a ‘‘(2) completes 24 months on active duty military and has worked night and day month. during the previous 60 months under such an in trying to make certain that we help The language I offer today is iden- order; or those who are in the Guard and Reserve tical to that in the House bill, with one ‘‘(3) is involuntarily mobilized for service and Active military. He has put an exception. This amendment provides on active duty six months or less following awful lot of time into this amendment. these income replacement payments the member’s separation from the member’s When some procedural questions came for Reserve component members mobi- previous period of active duty. up that were important to be resolved, lized for 6 months or more. The House ‘‘(c) MINIMUM AND MAXIMUM PAYMENT we turned it over to Robert Preiss, and bill says that you have to be called up AMOUNTS.—(1) A payment under this section shall be made to a member for a month only he did an excellent job. That is the rea- for 18 months or more to qualify for if the amount of the monthly active-duty in- son we can come before you today with this income supplement. That is en- come differential for the month is greater confidence that this amendment can be tirely too long. It is rare that a reserv- than $50. considered under this important De- ist is going to be called up for 18 ‘‘(2) Notwithstanding the amount deter- fense authorization bill. It is critically months. So the bill as it comes from mined under subsection (d) for a member for important. I would like to explain it the House really doesn’t do much. This a month, the monthly payment to a member for my colleagues to understand why is entirely too long, to expect a reserv- under this section may not exceed $3,000. Senator BAYH and I decided to offer it ist to wait 18 months before we give ‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIF- and now offer it together. them some income supplement. Indeed, FERENTIAL.—For purposes of this section, the The Department of Defense status of with most callups currently lasting monthly active-duty income differential of a forces survey of Reserve component around 18 months, the practical effect member is the difference between— members, released in September 2004, ‘‘(1) the average monthly civilian income of a qualification period that long of the member; and revealed that 51 percent of our Na- would be that few reservists would ever ‘‘(2) the member’s total monthly military tional Guard and Reserve said they suf- get a dime of help. We can do a lot bet- compensation. fer a loss in income when mobilized for ter than that. America can do better ‘‘(e) DEFINITIONS.—In this section: long periods of active duty because for its men and women in uniform. I ‘‘(1) The term ‘average monthly civilian in- their military pay is less than what urge my Senate colleagues to pull to- come’, with respect to a member of a reserve they were receiving in their civilian gether. The House plan is good, but the component, means the amount, determined job. The average reservist says that he qualification period is unrealistically by the Secretary concerned, of the earned in- or she loses $368 a month, but 11 per- long. We can make it better. come of the member for either the 12 months cent report losing more than $2,500 a This language was proposed by Con- preceding the member’s mobilization or the 12 months covered by the member’s most re- month. Imagine that you joined the gressman MCHUGH. He is the Repub- cent Federal income tax filing, divided by 12. Guard and Reserve, volunteered to lican chairman of the House Armed ‘‘(2) The term ‘total monthly military serve the country, and then you are ac- Services Committee Subcommittee on compensation’ means the amount, computed tivated. You leave your job and family, Personnel. He originally proposed a 12- on a monthly basis, of the sum of— go overseas and risk your life and month qualification period. It was ex- ‘‘(A) the amount of the regular military worry about coming home safe. Many tended to 18 months through hasty ac- compensation (RMC) of the member; and of our Guard and Reserve members are tion in the committee that may not ‘‘(B) any amount of special pay or incen- also worried about what is happening have been carefully considered. As I tive pay and any allowance (other than an allowance included in regular military com- to the family back home. There is less have said, the language I offer today pensation) that is paid to the member on a money for the monthly budget, less with Senator BAYH is the same with monthly basis.’’. money for the mortgage, less money to the exception that this version we offer (b) CLERICAL AMENDMENT.—The table of pay gasoline bills. It all adds up. calls for a 6-month qualification pe- sections at the beginning of such chapter is If you take a look, this is kind of an riod. amended by adding at the end the following illustration that 51 percent of the re- According to an Army Times article new item: servists lose income when mobilized, about this provision, Chairman

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MCHUGH said something needs to be recently on Hurricane Katrina and to be making between $50 and $200,000, done. I agree with him. He said: ‘‘We other issues. But she has been one of the tax break turns into $112 dollars; have a crisis.’’ I agree with that. He re- the strongest voices in the Senate for under $50,000, $6. The point is, we are peated that the extended deployments the Guard and Reserve and our mili- going to spend billions of dollars giving are raising this issue time and time tary. She and I spoke the other day tax breaks to the wealthiest people and again for many of the very best who about this issue. She said: We have to not giving a helping hand to the men serve our country. I have to agree with have an amendment to help Guard and and women in uniform and the employ- Chairman MCHUGH 100 percent. We Reserve. I am glad she has come to the ers who patriotically stand behind have made a sound proposal because we Chamber at this moment because it is them. do, indeed, have a crisis. Recruiting timely. We are trying to make sure I say to the Senator from Louisiana, numbers are down for our military. this bill doesn’t leave the Senate with- she couldn’t have a more timely obser- That is a fact of life. With the Reserve out a provision in it that is going to vation. components missing their recruitment help these men and women in uniform. Ms. LANDRIEU. I thank the Senator targets, we must look to the retention Ms. LANDRIEU. Will the Senator from Illinois. I would just like to add of existing members to keep up force yield? my few remarks to support his amend- strength. Mr. DURBIN. I am happy to yield. ment. So far, retention has been pretty Ms. LANDRIEU. I know the Senator The PRESIDING OFFICER. The Sen- good. I salute the men and women for is wrapping up his remarks, but I ator from Louisiana is recognized. staying on in the military even though would like to ask the Senator, is he Ms. LANDRIEU. Mr. President, the we ask more and more of them each aware that a complementary amend- Senator from Illinois has come to the floor again this afternoon and has day. But the existence of this income ment we have worked on for a couple of spent literally hours over the last 2 loss is going to hurt us with retention. years, giving a tax credit to employers years, in particular, speaking about Let’s be honest about it. Of the top 10 who are filling that pay gap, is the the importance of supporting our reasons cited in the status of forces Senator aware that has still not passed this Congress? Guard and Reserve. survey for leaving the National Guard Mr. WARNER. Mr. President, will the Mr. DURBIN. I was aware of it. I say and Reserve, income loss was No. 4. distinguished Senator from Louisiana to the Senator from Louisiana, a lot of The others are obvious: family burden, allow me to propound a question to the people are not aware of it. They think too many activations and deployments, distinguished Senator from Illinois be- we have already done these things. We activations are too long, and loss of in- fore he departs the floor? come. We ask a lot of sacrifice from make these proposals on the floor of Ms. LANDRIEU. Mr. President, I will the men and women in uniform. They the Senate. Some of them pass the Sen- be happy to yield to the chairman. march off and do their duty, whether it ate, then they disappear in conference The PRESIDING OFFICER. The Sen- is responding to Hurricane Katrina at committees. We all pat ourselves on ator from Virginia is recognized. home or going over to risk their lives the back and say we are standing up Mr. WARNER. I thank the Presiding in Iraq or Afghanistan. We understand for the men and women in uniform. At Officer. that we can do something about the in- the end of the day, there is no law for Mr. President, I have just gotten this come loss. That is what this amend- the President to sign. amendment and I am looking it over. It ment seeks to do. A lot of our colleagues, myself in- is not unlike similar provisions that I urge my colleagues on both sides to cluded, will be at Veterans Day events have been before the Senate. As a mat- support this measure. Pass this amend- this week. I will be traveling all over ter of fact, it has been passed by the ment and include it in our Senate bill Illinois. We are going to stand there. Senate but dropped in conference. language so that when we get together We may be holding the flag. We will Here is the problem based on, again, with the House of Representatives, we say we are for our soldiers and our vet- very modest military experience of my can ensure that something does get erans. But the real proof is in our own, but a lifetime of association with done this year to eliminate or at least votes. That is a good one to say to em- the men and women in the military. I reduce the income loss suffered by fam- ployers: If you are willing to stand be- have come to learn the importance of ilies of some of our guardsmen and re- hind that man or woman in uniform pay. Pay to an individual is a tremen- servists. By standing behind a quali- who is leaving your employment for a dous symbolism. I remember when we fication period of 6 months, we lay short period to do their duty for our advanced from private to private first down a clear marker that we in the country, why shouldn’t we stand be- class or, in my case, from seaman to Senate stand for more than just sym- hind you with the Tax Code? seaman second class, seaman first bolism. We really want to help. We Ms. LANDRIEU. I thank the Senator class, and so on. I got $4 a month in one stand for real help in addressing the from Illinois. I ask him, is there any pay increase, I remember, in World War pay gap for the good of the members of reason he could believe or think the II. And then the wife at home often is our Reserve components, for the good American people wouldn’t put the struggling to make ends meet. Boy, of their families, for the long-term Guard and Reserve at the top of the that pay is important. good of the force, and for the good of list for a tax cut or a tax credit? Is Picture that today we have a total our Nation. there any other group you can think of force concept. It is not Reserves serv- I urge my colleagues, if they think that is more deserving than the men ing over here and regulars serving over this is a worthy amendment and will and women who leave their homes, put here. Fortunately, we mix. The units join us in it, Senator BAYH and I would on the uniform, leave their jobs, leave are merged together. When we go to welcome their support. This should be their businesses, and go to the front- Iraq, as all of us go now, we will find a bipartisan amendment. I don’t know line to take the bullets? Would the Reserves and regulars performing the how we can argue over whether we Senator be able to identify any other same duties commensurate with their should protect the income of the men group that would be more worthy of a rank and their technical experience. and women who fight for us. If they are tax credit or a tax cut if we had extra Reserves and regulars are subject to going to be away from their families money to give? the same threat to life and limb from and separated, not there for the impor- Mr. DURBIN. From my point of view, an IED, from the missiles coming in, tant decisions that are being made by absolutely none. But it is interesting, subject to the same arduous hardships their families, the least we can do is what a timely question. We are about and living conditions both in Iraq and make sure they don’t face some unrea- to consider a tax bill. This tax bill will Afghanistan. sonable hardship because of income give a break to millionaires. If you Then along comes this amendment, loss. happen to be a millionaire in America, no matter how well-intentioned, and I see Senator LANDRIEU is here. I sa- we think you need a tax break of suddenly the Reservist gets a signifi- lute her. She has done so many things $35,000 a year. Poor souls. If you happen cant amount of money in addition to

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Federal Government is next to me wor- ference committees and disappears. You don’t want those types of tensions ried because they missed the second Mr. LEVIN. In which all of us have as these young men and women are mortgage payment back home wouldn’t participated. We have seen the parts courageously performing their military make me feel any better about my unit that emerge and the parts that do not, duties. This is my concern. and wouldn’t make me feel any better and it is always a little mystery as to Mr. DURBIN. Mr. President, may I to know that is going on. what emerges and what does not respond to the Senator? Mr. WARNER. Mr. President, I think emerge. My understanding is that clearly is a Mr. WARNER. Yes, of course. we have different perspectives. But pay precedent for treating all employees. Mr. DURBIN. First, I have the great- is a very significant thing in every Everybody is activated the same way est respect for the Senator from Vir- military person’s life. We have to ad- ginia, who served his country not only as Federal employees. That is No. 1. So just. We certainly have to recognize. I think that is a good argument for the in the Navy but as Secretary of the What you are in a sense doing, Sears amendment. But also the cost of this Navy, and also as the longest serving has opted as an employer to do as you Senator in Virginia. Didn’t the Senator amendment, it seems to me, given the state, not let their employee accept the from Virginia break the record re- qualification period of 6 months, as I consequences, and there is a category cently? understand it, the cost over 5 years Mr. WARNER. I am No. 2 for life. of persons coming in from the Reserve would be $295 million which would be a Mr. DURBIN. And very popular in the and Guard who simply do not have em- little under $60 million a year; is that State of Virginia. ployers such as Sears Roebuck; for correct? I say to him, consider two things. whatever reason their employer won’t Mr. DURBIN. That is correct. Let’s assume the Senator is in a unit do it. Mr. LEVIN. I thank the Senator. that is in combat and he learns the fel- I don’t know, I am concerned about The PRESIDING OFFICER. The Sen- low next to him who has been activated building tensions into these young peo- ator from Virginia is recognized. as a Guardsman used to work for Sears ple in these units. Mr. WARNER. Mr. President, I point Roebuck, a Chicago-based company. Mr. DURBIN. May I ask the Senator, out, yes, the Senate has passed it, but And because Sears Roebuck is such a in this colloquy through the Chair, for various reasons, conferences have good and patriotic corporation, they consider this whole question about re- not accepted it, so it is not in law have decided they are going to protect tention. That is a big issue now. We today. his income. They are going to give him need these men and women in the Mr. LEVIN. That is correct. more than his military pay. They are Guard and Reserve, even active duty, Mr. DURBIN. That is true. going to keep him at the same level of who have developed the skills, under- Mr. WARNER. We do not have any of pay he received before he was acti- stand the mission, can be combat ready these. Mr. DURBIN. The Senator might say vated. in an instant. We need them to stick Will I think less of that fellow soldier around. We need them to reup. If they it is pending in the Defense appropria- because he is receiving some money have been through a bitter experi- tions conference. Ms. LANDRIEU. Will the Senator from Sears and think maybe we ence—personal experience, financial experience, separated from their fam- from Virginia yield? shouldn’t eat at the same mess table, Mr. WARNER. Mr. President, the dis- ily—we know it lessens that likelihood. or stand together and fight together? I tinguished Senator from Louisiana had If we want the very best to continue don’t think so. I think people will say the floor. She very graciously allowed serving, I think this is an incentive for that is good fortune for you. me to intervene. I am happy to take a The second point I would like to raise that to happen. question. is this: A person who is active mili- Mr. WARNER. Mr. President, the Ms. LANDRIEU. I do so through the tary—I have a nephew who just en- Senator is absolutely correct. I could Chair. I first say how much I appre- listed in the Marine Corps—a person even take it a step further. If we didn’t ciate the exchange between the Sen- who is in the active military knows have the Guard and Reserve, we would ator from Virginia and the Senator what his or her life is going to be and have to carry in peacetime, as well as from Illinois. I hope we can find a way builds his or her life accordingly in wartime, a much larger active force. to move forward on this very impor- terms of expenses incurred. A person in We are fortunate that in wartime con- tant issue because it is so crucial to the Guard and Reserve has a civilian ditions, we have these men and women the security of our Nation, to the secu- life and civilian financial obligations who will respond, and do so willingly rity of these Guard and Reserve fami- that he or she knows may come when and subject their families. The Senator lies. It seems the right thing for us to they are activated and a hardship may from Illinois is correct on that point. do. come from separation. But they are in I have to dwell on this amendment. I My question to the Senator from Vir- different circumstances as they go into just read it. I wanted to have this col- ginia, because he has so much experi- this field of combat. One comes from loquy, and I appreciate the courtesies ence in warfighting as the Secretary of an active military life with a family the Senator always extends. the Department of Navy and as the budget accordingly, and the other Mr. DURBIN. I thank the Senator. chairman of the Committee on Armed comes from the private sector with an- Mr. WARNER. The Senator from Services, is: When we created the other family budget. Louisiana has the floor. Guard and Reserve Force, did we an- It seems to me what I am asking is, Mr. LEVIN. Will the Senator from ticipate that so many would be called since we now rely more than ever on Louisiana yield for a question to Sen- up for such a long period of time? That the Guard and Reserve, shouldn’t we be ator DURBIN? is an important answer to have because more sensitive to that? Shouldn’t we Ms. LANDRIEU. I would like to ask my sense of it is that we didn’t com- say that if you are willing to sacrifice the Senator from Virginia a question pletely anticipate these numbers and your time and your life for your coun- before he leaves the floor. these lengths of deployment. try, we are willing to sacrifice, too, to Mr. WARNER. I will be here when I ask the Senator, several decades make sure there is no unnecessary eco- the Sun comes up tomorrow. ago, did we foresee this dependency? nomic hardship? Mr. LEVIN. Mr. President, it is my Mr. WARNER. Mr. President, the I don’t think the two observations I recollection that the Senate already Senator raises a very interesting his- made are unreasonable. The Senator passed an amendment in one of the pre- torical perspective. During World War

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But as the chairman what gets me, what galls me, what modest though it may be. The units I knows, because he is the great distin- makes me so angry is, this Congress is served in were quickly made an amal- guished chairman of our committee, he giving other families who do not put gamation of Reserves and regulars. I is correct, since 1990, the Persian Gulf the uniform on, other families who are remember vividly the squadron I served war to the present, we are 150,000 making upwards of $350,000, $400,000, in as a ground officer. The Reserve pi- troops strong in Iraq and we have $500,000, tax cuts, and we cannot seem lots, even though they had been called, called up 744,000 Guard and Reserve to find the will, the energy, or the some of them had only been on active members. focus to help the small group of fami- duty 60 days, barely getting retraining As the Senator from Illinois so beau- lies that one could argue are bearing and were flying missions with the tifully pointed out, these are citizen the entire burden in some cases—let regulars who had been on active duty soldiers. They live in the community. me repeat, the entire burden of the war for a number of years. There was no Their budgets are based on their civil- on terror. I do not understand it. Sen- ian jobs. Their children, their spouses, distinction between any of us. We were ator DURBIN does not understand it. and their families have dreams and as- all treated the same. I was a Reservist Senator BAYH does not understand it. called up at that time. pirations based on their civilian pay- The Senators have voted now unani- Then along came Vietnam, and for rolls. They do not enter the military mously. whatever reasons, when I was Sec- and decide: We are only going to make What happens to this amendment retary of the Navy, we didn’t employ $40,000, $50,000, $60,000 the rest of our when it goes to the House of Represent- the Guard and Reserve. We relied on life, but the benefit is we get a dis- atives? What should I tell the Guard the draft. I would have to research count on food. We get our health insur- and Reserve families who went to Iraq, some of the reasons why we didn’t do ance. We will move around every 2 over 6,000 of them—3,000 of them just it. years. We get a housing allowance. It is came home and a third of the ones who the life we have chosen. We understand This country has fluctuated back and just came home came home to no the sacrifices we are making, and we forth. But in direct answer to the Sen- house, no school, and no church. Now I ator’s important question, in this con- budget accordingly. These are business owners, police- have to go home and say that Congress flict, more than ever before, we have men, nurses, doctors, engineers, sci- is going to get ready to pass another relied on the Guard and Reserve. I be- entists who answer the call, put the spending bill, another tax bill, and I lieve about 60 percent of the uniformed uniform on, and sometimes answer am sorry, yes, you have, once again, personnel in Iraq tonight, some 150,000 that call in 24 hours, literally, or in been left out. I do not even know how plus, 60 percent of them are Guard and just a few weeks. They kiss their chil- to explain it because it cannot be ex- Reserve. dren goodbye—maybe the wife is the plained. So the Senator from Louisiana is spouse who is leaving. Maybe it is the Senator DURBIN’s amendment simply very correct in her observation. husband. They tell everyone goodbye. says, let the Federal Government be Ms. LANDRIEU. I thank the Senator They leave and they are gone for 18 the leader. Let the Federal Govern- from Virginia. I would like to add to months. ment set the pace as an employer. Let that comment. Under our current rules, which are us at least do what other States and The PRESIDING OFFICER. The Sen- not working, not only does that soldier other employers are doing, fill the gap, ator from Louisiana is now recognized. make the sacrifice but our Government stand in the gap for them. They are Ms. LANDRIEU. Mr. President, I is asking that family in some cases to taking the bullets. They are taking the would add to this discussion that it is take a 30- to 40-percent decrease in pay. risk with their lives. Why would we ask important for us as leaders to be open I just cannot understand it. Nothing our Federal employees to take a seri- to change and to adopt new strategies. about it makes sense. It defies common ous pay cut? I do not think we should. The one thing that is certain about life sense. How can we recruit Guard and Again, if we did not have any money at is change. Those who adapt survive, Reserve, then send them to long de- all, if we were just flat broke, then and those who do not, do not survive. I ployments, sometimes without even maybe we would have to. We give believe when it comes to creating poli- the equipment they need—which is a money away to everybody, but we can- cies that secure our Nation and support whole other issue—but ask their fami- not give it to our Federal employees our armed services, we always need to lies to take a 30- and 40-percent de- who are serving this country twice: as be open to those things that we need to crease? I do not understand it. public servants so they do not get a do differently because circumstances I know we have not done this in the very high salary normally, and then are different, because the challenges past, but this Senator from Louisiana they go to the frontlines and take the are different. thinks it is time to do it for the future. bullets and get a salary cut even lower, I would argue this is one of the issues I hope we can again take bipartisan ac- and we think that is perfectly fine. that is at the heart of how we sustain tion on this Senate floor, as we have Well, this Senator does not think it a skilled, able, versatile, agile, and done so many times before, to support is fine. This Senator thinks we can do quick-to-deploy force without imple- the amendment offered by the Senator better. This Senator thinks we need to menting a draft and having the ability from Illinois, at least in the Federal have better priorities. This Senator be- to muster a large and effective force employ, our own engineers, our own lieves we need to have different prior- when necessary. This is at the heart of scientists, our own nurses, our own ities that support our Nation, support it. That is why Senator DURBIN con- doctors, our own office administrators, our services, support our Guard and Re- tinues to come to this floor and why I when we ask them to put the uniform serve, and it would ultimately support come to this floor, why the Senator on and go to the frontline to take the the country. And, frankly, it is the from Indiana, Mr. BAYH, and others on bullets, that as an employer we do not right thing to do. the Republican side have come to the say: And also, by the way, we would I see the Senator from Michigan. floor. Because we need to make some like your spouse and your children to The PRESIDING OFFICER. The Sen- changes. We need to adapt to the re- live on 30 percent less income while ator from Michigan is recognized. ality. you are away. Mr. LEVIN. Mr. President, this is an Let me submit for the RECORD the re- If the country was in crisis in terms important amendment. It has been of- ality of this situation. Since the Berlin of no money for anyone and we were all fered on behalf of Senator BAYH, by

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Senator DURBIN. Senator LANDRIEU is a their loved ones and doing right by armaments we purchase but how we very passionate and persuasive sup- their country, but too often today we support those who bear the burden of porter of this amendment. I think Sen- have placed thousands of our fellow battle and their loved ones here at ators BAYH, DURBIN, and LANDRIEU are citizens in exactly that position. That home. If we can help them pay the right; that we basically designed the is what this amendment is designed to mortgage or keep food on the table Guard and Reserve force to be a stra- correct. while they are serving us in Iraq and tegic reserve. As a practical matter, We now have 145,000 guardsmen and Afghanistan and elsewhere, it is not now they are effectively part of our reservists serving who have been called only the intelligent thing to do, it is operational forces. We have to change to active duty. Fully 35 percent of our the morally responsible thing to do. this arrangement so they do not take troops in Iraq are guardsmen and re- That is what this amendment would such a severe hit as they are being servists, many of them putting their accomplish. called up, and they are now in for lives in harm’s way. Just this last I thank my colleagues for their gra- longer and longer periods. I do not have week, I took the liberty of spending a ciousness and their support. the statistics on how long the average couple of hours out at Walter Reed Mr. WARNER. I urge adoption of this period of callup is now, but I am quite Army Hospital. Many of the most amendment. confident that if we could compare the grievously injured there have served in The PRESIDING OFFICER. Is all length of the callup, say, during the the Guard and Reserve. We owe it to do time yielded back? last few years to the periods between right by them. Mr. LEVIN. I yield back the remain- 1973, when we ended the draft, that we Their deployments are lasting longer der of my time. would see there has been a dramatic in- than before. Since the Korean War, it The PRESIDING OFFICER. Without crease in the length of the callup. is our practice to only have them objection, it is so ordered. I support the amendment. I think we called to active duty for no more than The question is on agreeing to the can make some real progress—I hope 6 months. But today, it is routine, not amendment. we can—this year in conference on this at all uncommon, for them to be called The amendment (No. 2483) was agreed matter. It is a reasonable cost, a fair to active duty for more than a year and to. cost. It is something on which we can sometimes multiple calls. Mr. WARNER. Mr. President, I move Mr. President, 51 percent of these in- do better, and the troops deserve that to reconsider the vote. dividuals whose lives we are disrupting, we do better. Mr. LEVIN. I move to lay that mo- 51 percent who are serving, many of The PRESIDING OFFICER. The Sen- tion on the table. them in harm’s way, suffer a substan- ator from Virginia is recognized. The motion to lay on the table was tial loss of income, what I have re- Mr. WARNER. Mr. President, first I agreed to. ferred to as the ‘‘patriot penalty.’’ The commend all Senators who have par- Mr. WARNER. I say to my col- average loss of income is about $4,400 ticipated in this debate. Each time I leagues, this is a matter that we will per soldier—a material amount of listen to the distinguished Senator carefully review in conference. It has money for many Americans. Our from Louisiana, I say to my ranking failed to survive in previous con- amendment, with the support of Sen- member, she was a very valued member ferences, but I think this time it may, ator DURBIN, Senator LANDRIEU, the ac- of our committee before she went particularly because of the question of tive support of Senators WARNER and AWOL. recruiting and the difficulty of the Re- LEVIN, would help to correct this situa- Mr. LEVIN. She is still part of the serves and Guard and the adjustment tion by providing up to $3,000 per Guard and Reserve, though. to family life. As the Senator pointed month in making up lost income for Mr. WARNER. Yes, proceeding to the out, hundreds upon hundreds of thou- our Reserve and Guard men and Appropriations Committee, where some sands—700,000 I believe—have been in- women. volved in this conflict. think all power resides in the Senate. This is important to maintaining the Mr. LEVIN. If the Senator would Nevertheless, to think that the Sen- Guard as a critical component of our yield on that? ator found time to work on this amend- national security structure. We are The PRESIDING OFFICER. The Sen- ment, as she has on a number of per- currently running, in the Army Guard, ator from Michigan. sonnel issues through the years—I re- about 24 percent below our recruiting Mr. LEVIN. It seems to me, the fact member the last authorization bill. goals. The commander of the Reserve that there is a provision in both bills Does the Senator from Michigan re- not too long ago described his force as member that? ‘‘a broken force.’’ At a time when we does increase the opportunity and the Mr. LEVIN. I do, indeed. are relying upon the Guard and the Re- likelihood this time around that we Mr. WARNER. One of the last amend- serve more than ever before, we must will come out of conference with some- ments we were dealing with was on per- ensure that we act to maintain our re- thing. All we can do is continue to try, sonnel issues. Anyway, the Senator cruiting goals and to ensure the morale but I am a little more optimistic now from Louisiana found time to be here, of the force. that this amendment passed. Again, we given the tremendous burdens that she Many laudable private firms have thank the Senators from Indiana, Illi- has in connection with the tragic suf- risen to the challenge by providing for nois, and Louisiana for their leader- fering in her State, past, present, and their employees but, regrettably, not ship. possibly the future. I point out to my all do so. About 29 percent of employ- The PRESIDING OFFICER. The Sen- colleagues a provision comparable to ers are currently doing that, but that ator from Louisiana is recognized. this is in the House bill now in con- still leaves the bulk of our Guard men Ms. LANDRIEU. I see the lead spon- ference, therefore, that we go to. and women and our reservists without, sor of the amendment on the floor, so Mr. BAYH. Mr. President, I rise so we have acted to make up that gap. let me be brief so he can close out. I today for a cause that is essential to It is not a burden they could have rea- thank the leadership for accepting this preserving our Nation’s security by en- sonably anticipated, given the dif- amendment. I know they will fight suring the Guard and Reserve remain a ference in callups today versus before. hard to keep this in conference as we vital component of our national secu- I again thank my distinguished col- move forward because it really is an rity structure. I also rise to defend our leagues, the Senator from Virginia and important part of our strategic align- moral obligation to do right by our fel- the Senator from Michigan. Once ment for the future. I thank the chair- low citizens who bear the burden of again, I thank my colleague DICK DUR- man and the ranking member for their battle and by their loved ones who BIN, who has been extremely gracious leadership not just today but over make it possible for them to do that by and who has been a strong leader in time, for doing the right thing by our supporting them here at home. this capacity. troops and always being willing to No one should be forced to choose be- I will conclude by saying the true think about new ways of making our tween doing right by their family and test of a strong society is not only the military stronger and better.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25515 The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The for his eloquent, passionate portrayal ator from Illinois. clerk will call the roll. of the needs and responsibilities we Mr. WARNER. If I can make one The assistant legislative clerk pro- have to carry out toward our guards- comment before our distinguished col- ceeded to call the roll. men and reservists. league from Louisiana leaves the floor. Mr. BAYH. Mr. President, I ask unan- The PRESIDING OFFICER. Who The PRESIDING OFFICER. The Sen- imous consent that the order for the yields time? ator from Virginia is recognized. quorum call be rescinded. Mr. WARNER. Mr. President, it is Mr. WARNER. There comes a time The PRESIDING OFFICER. Without just a matter of minutes before we every now and then to reflect on the objection, it is so ordered. start the votes. Perhaps the distin- past with a sense of humor. When I was Mr. BAYH. Mr. President, I have guished Senator from Georgia would a young Senator many years ago, one many of my colleagues to thank for like to make some explanation about of the Senator’s predecessors was Rus- their graciousness and for their atten- the vote coming up? sell Long. His expertise was in the area tion to an issue of significant impor- AMENDMENT NO. 2433 of taxes. How many times, I ask my tance to our country. I would like to Mr. CHAMBLISS. Mr. President, good friend from Michigan, would I start with my friend and colleague, these next couple of votes involve an hear him in these vigorous floor de- DICK DURBIN from Illinois, who has amendment I filed and an amendment bates come over and say: We will drop cared about this issue for many years, the Senator from Illinois, Mr. DURBIN, it in conference; accept it? particularly with regard to our Federal has filed. I think the significant thing Mr. LEVIN. Usually with his arm employees who are bearing the burden about both amendments is that we are around you. of battle today on our behalf just as finally starting to recognize that, be- Mr. WARNER. With his arm around they work for us in their civilian ca- cause we are calling up our Guard and you shaking you like a tree. But we are pacities here at home. Reserve folks on an all too regular Senator DURBIN has been a model of not saying that. basis these days, and because today, as comity and accommodation and in a I just thought maybe that little bit we enjoy the freedoms that we some- body that is too often driven by other of color might remind Louisianans of times take for granted in this country, interests. I thank him profusely for his his proud record in the Senate. we have troops serving in Iraq, 60 per- consideration here today. Mr. President, this is another exam- cent of whom are Guard and Reserve I also thank Senator LANDRIEU for ple of how the managers, in the course troops, it is necessary that we continue her longstanding interest in this issue. down the path we have been down for of colloquies, can work out amend- She has had a somewhat different ap- ments. I strongly urge colleagues to the last several years under the leader- proach, but it would achieve the same ship of Senator WARNER and Senator come forward because we are getting objective—helping our Guard men and LEVIN, trying to increase the benefits down to the few amendments that are women and their families while they to our Guard and Reserve and the fami- remaining in the hopes that this bill are serving our country. lies of those brave men and women. can be acted on for final passage to- I also express my appreciation to the Both these amendments seek to do morrow, as early as possible in the day. two leaders on the Armed Services that. I yield the floor. Committee, Senators WARNER and There is a fundamental difference in The PRESIDING OFFICER. The Sen- LEVIN, for their courtesy. I thank you the two amendments, though. My ator from Michigan. for accepting our amendment. I know amendment, the underlying amend- Mr. LEVIN. Mr. President, my under- you share our conviction about doing ment, provides for a reduction in re- standing is that at 5:30 there will be right by our brave men and women in tirement age from 60 to 55 for reserv- two votes. I am wondering if Senator the Guard and Reserve, and I wish to ists, based upon the activation of those LAUTENBERG’s amendment has been—I express my personal appreciation for reservists and Guard men and women know it has been offered. I am won- your accommodation in this regard. I into contingency areas. For every 3 dering whether there is further debate know there are occasionally differences months they have been activated and on the Lautenberg amendment. of opinion about some aspects of this, sent into a conflict, they receive a 1- Mr. WARNER. Mr. President, I wish and the fact that we could work for-1 or 3-month reduction in the re- to say to my colleague at the present through them at this moment means a tirement age, from 60 down to the min- time I am drafting an amendment in great deal to me, as I know it does to imum or lower level of 55. The Durbin the second degree. As soon as I have it, the families of the Guard men and amendment simply would not make I will be prepared to debate it on the women we are attempting to help. that kind of 1-to-1 offset but would floor and let the matter go to a vote. Mr. WARNER. Mr. President, the dis- treat the Guard and Reserve the same Mr. LEVIN. I think it is very helpful tinguished Senator from Indiana has as the Active-Duty folks. Unfortu- that Senator LAUTENBERG be informed had a lot on his mind here recently nately, the difference between the two that there is a plan to offer a second- with the tragic natural disaster in his is we cannot afford the Durbin amend- degree amendment so perhaps he can State, and I thank him for finding the ment. then be prepared to come to the floor time to come to the Chamber and offer What my amendment does is to ulti- and debate whatever that second-de- this amendment. I recall, during the mately allow the reduction down to gree amendment is. markup of the Armed Services bill, he, age 55 for those Reserve and Guard peo- Mr. WARNER. I would propose to do being a very valued member of the ple who are activated. It has a cost, it. I would have to check. There are committee, had this general concept in over 5 years, of about $320 million. The three amendments, and actually the mind. The Senator advised the com- Durbin amendment has a cost of about fourth is the pending amendment. I mittee as a whole in the markup ses- $4.8 billion over that same 5-year pe- will see if he cannot possibly bring up sion that at the time this bill reached riod. That is such a significant dif- his amendment right after the two the floor, he would have formulated his ference that, in my opinion, we will votes. thoughts and done his research and never get that done. Mr. LEVIN. Perhaps during those two gathered his colleagues and would My amendment can be done. It is a votes, if the chairman so desires, we present this bill. That he has done, and movement in the right direction, to could try to line up the rest of the in that he has succeeded. This is a mat- recognize that we are calling up these business for tonight. ter we will take up in conference with folks on a more regular basis and that Mr. WARNER. I thank my partner, careful consideration. we should continue to provide them who has been most helpful in getting I thank our colleague. and their families with some security this bill passed. We are going to try The PRESIDING OFFICER. The Sen- measures from the standpoint of and facilitate that. ator from Michigan. incentivizing them to go into the Mr. LEVIN. I suggest the absence of Mr. LEVIN. Mr. President, let me add Guard and Reserve and stay in the a quorum. my thanks to the Senator from Indiana Guard and Reserve.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25516 CONGRESSIONAL RECORD—SENATE November 9, 2005 The PRESIDING OFFICER. All time of the Durbin amendment but at one- today’s utilization of the reserve component. has expired. tenth the cost because I think you are Your new legislation which links that reduc- Mr. CHAMBLISS. The Durbin amend- more equitably treating those who tion to duty in a recalled to active duty sta- ment would not do that. Mine would. tus accomplishes that goal. have served in periods of active service. I look forward to working together in sup- Mr. WARNER. Mr. President, I ask I thank the Senator. port of a strong and viable Navy Reserve, unanimous consent that the vote be de- The PRESIDING OFFICER. The Sen- and all reserve components. Again, on behalf layed by 5 minutes so the Senators ator from Michigan is recognized. of the members of the Naval Reserve Asso- may have a minute or 2, I can have a Mr. LEVIN. Mr. President, I support ciation and members of the Navy Reserve, minute or 2, and the Senator from very much the Chambliss amendment. thank you for all your hard work on our be- Michigan can have a minute or 2. I think it makes an important state- half. The PRESIDING OFFICER. Without ment, as well as taking an important Sincerely, objection, it is so ordered. step toward greater equity relative to CASEY W. COANE, RADM, USN (Ret) Executive Director. Mr. CHAMBLISS. Mr. President, if retirement. The Senator from Georgia we are going to call on these brave vol- has described his amendment, and I The PRESIDING OFFICER. All time unteers, we need to incentivize them, will not describe it again because he has expired. and my amendment does that. It seeks has accurately described it. Mr. WARNER. Mr. President, I ask to call on the individual from a volun- I commend him for this amendment. for the yeas and nays. The PRESIDING OFFICER. Is there a teer standpoint. It doesn’t seek to pro- It is an important amendment. sufficient second? tect the top level, the officers and the I ask the Presiding Officer whether there is time between the vote on the There is a sufficient second. uppercrust, the enlisted personnel. It Mr. WARNER. Mr. President, I also Chambliss amendment and the Durbin seeks to protect all members of the ask for the yeas and nays on the Dur- amendment for an explanation of the Guard and Reserve from the enlisted bin amendment. Durbin amendment. standpoint and give them an oppor- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. There tunity to reduce their retirement age sufficient second? are 2 minutes equally divided. from 60 down to 55. There is a sufficient second. I think it is fair. I think it is reason- Mr. LEVIN. I will be in a position of The question is on agreeing to the able. And I think it is supportable. supporting the Chambliss and Durbin amendment of the Senator from Geor- I ask my colleagues to support my amendments. While the Chambliss gia. The clerk will call the roll. amendment and to vote against the amendment takes an important step, The assistant legislative clerk pro- Durbin amendment. the Durbin amendment takes three or ceeded to call the roll. I ask unanimous consent that Sen- four important steps in the right direc- Mr. DURBIN. I announce that the ator HAGEL be added as a cosponsor of tion allowing earlier retirement. Where Senator from New Jersey (Mr. CORZINE) my amendment. there has been 25 years of service, for is necessarily absent. The PRESIDING OFFICER. Without instance, retirement would be allowed The PRESIDING OFFICER (Mr. VIT- objection, it is so ordered. at age 55. Where there has been 24 TER). Are there any other Senators in Mr. WARNER. Mr. President, I like- years of service under the Durbin the Chamber desiring to vote? wise ask to be added as a cosponsor of amendment, retirement would be al- The result was announced—yeas 99, the amendment. lowed at age 56. There is a greater cost. nays 0, as follows: The PRESIDING OFFICER. Without I think it is justified. We will talk [Rollcall Vote No. 314 Leg.] objection, it is so ordered. more about that in the minute which YEAS—99 Mr. WARNER. Mr. President, I has been allowed on the Durbin amend- Akaka Dole Martinez strongly support the Chambliss amend- ment. Alexander Domenici McCain ment. Mr. CHAMBLISS. Mr. President, I Allard Dorgan McConnell I want to bring to the attention of ask unanimous consent that a letter Allen Durbin Mikulski from the Naval Reserve Association in Baucus Ensign Murkowski colleagues that a minute ago we ac- Bayh Enzi Murray cepted another amendment which will support of my amendment be printed in Bennett Feingold Nelson (FL) go to conference, and I am quite con- the RECORD. Biden Feinstein Nelson (NE) fident that out of that conference will There being no objection, the mate- Bingaman Frist Obama Bond Graham Pryor come a package of further compensa- rial was ordered to be printed in the Boxer Grassley Reed tion to the men and women for the RECORD, as follows: Brownback Gregg Reid Guard and Reserve for other reasons. NAVAL RESERVE ASSOCIATION, Bunning Hagel Roberts Alexandria. VA, November 8, 2005. Burns Harkin Rockefeller But in this bill we are adding enormous Burr Hatch Salazar benefits for the men and women in the Sen. SAXBY CHAMBLISS, Byrd Hutchison Santorum Armed Forces, all of which are justified Russell Senate Office Building, Washington, Cantwell Inhofe Sarbanes in many areas. The Senator has picked DC. Carper Inouye Schumer DEAR SENATOR CHAMBLISS: I am writing on Chafee Isakson Sessions out an area which has been under con- behalf of the members of the Naval Reserve Chambliss Jeffords Shelby sideration for some period of time. But Association in support of your amendment Clinton Johnson Smith I point out that the cost of the Durbin to reduce the age at which reserve compo- Coburn Kennedy Snowe Cochran Kerry Specter second degree, which vote will follow nent members receive their retirement pen- Coleman Kohl Stabenow this one, must be considered in the sion. Collins Kyl Stevens area of $1 billion for their 2006 and $10 An active component member retiring at Conrad Landrieu Sununu billion over the next 10 years. That is 20 years of service receives a pension imme- Cornyn Lautenberg Talent Craig Leahy Thomas 10 times, according to my calculation, diately upon retirement. A reserve compo- nent member serving the same number of Crapo Levin Thune the cost to the Federal taxpayer of the qualifying years cannot. Reducing the age Dayton Lieberman Vitter amendment of the Senator from Geor- from 60, will be a positive step in mitigating DeMint Lincoln Voinovich DeWine Lott Warner gia. this disparity. A more equitable retirement Dodd Lugar Wyden Am I correct? program will aid greatly in recruiting and Mr. CHAMBLISS. That is correct. retaining members in the Navy Reserve, and NOT VOTING—1 Mr. WARNER. So I urge my col- all reserve components. When the age limit Corzine leagues we must show some restraint for receipt of retired pay by reserve compo- The amendment (No. 2433) was agreed as we are going through a number of nent members was set decades ago, the Navy Reserve, and other reserve components, was to. valid and important increments in pay not relied upon the way it is today. Mr. WARNER. I move to reconsider and benefits for the men and women in The objective is to support the reduction of the vote. the Armed Forces. In essence, the the age for retirement eligibility from its Mr. LEVIN. I move to lay that mo- Chambliss amendment is an adaptation current level to one that is consistent with tion on the table.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25517 The motion to lay on the table was the Senator from Illinois, because this The PRESIDING OFFICER. The Sen- agreed to. is a critical issue, it is simply a matter ator from Missouri is recognized. The PRESIDING OFFICER. There of not being able to provide the funding AMENDMENT NO. 2477 are now 2 minutes of debate equally di- for this particular retirement bill. Mr. TALENT. Mr. President, I have vided on the upcoming amendment. We had this issue up last year, and an amendment at the desk. The Senator from Virginia is recog- we did not get the funding for it. My The PRESIDING OFFICER. The nized. bill takes a more reasonable approach. clerk will report. Mr. WARNER. Mr. President, we It rewards those men and women who The legislative clerk read as follows: have this vote. We are making great are serving in Iraq today. The Senator from Missouri [Mr. TALENT], progress on this bill. I will be con- I ask that we render a ‘‘no’’ vote for himself, Mr. WARNER, Mr. STEVENS, Mr. sulting with the leadership. There is a against this amendment so we can CHAMBLISS, Mr. CORNYN, Mr. LIEBERMAN, possibility we would like to continue make a strong move to include my Mrs. BOXER, Mrs. FEINSTEIN, and Ms. COL- tonight, but with regard to further amendment in the conference report LINS, proposes an amendment numbered 2477. rollcall votes, we will have to consult that will be forthcoming. Mr. TALENT. Mr. President, I ask our respective leaders to determine The PRESIDING OFFICER. The unanimous consent that reading of the that. We will do that as quickly as pos- question is on agreeing to the amend- amendment be dispensed with. sible so as to convenience Senators. ment. The yeas and nays have been or- The PRESIDING OFFICER. Without But this bill will go on tonight. It may dered. The clerk will call the roll. objection, it is so ordered. well be we debate amendments and The legislative clerk called the roll. The amendment is as follows: stack them for the morning. Mr. DURBIN. I announce that the (Purpose: To modify the multiyear Mr. LEVIN. Is there any way of de- Senator from New Jersey (Mr. CORZINE) procurement authority for C–17 aircraft) termining that now? is necessarily absent. Strike section 131 and insert the following: Mr. WARNER. Well, I have to get my The PRESIDING OFFICER. Are there SEC. 131. C–17 AIRCRAFT PROGRAM AND INTER- any other Senators in the Chamber de- THEATER AIRLIFT REQUIREMENTS. leader, I have to tell you. I know he (a) MULTIYEAR PROCUREMENT AUTHOR- siring to vote? came on and off the floor. IZED.—The Secretary of the Air Force may, Mr. President, the managers wish to The result was announced—yeas 40, in accordance with section 2306b of title 10, advise the Senate that this will prob- nays 59, as follows: United States Code, enter into a multiyear ably be the last rollcall vote tonight. [Rollcall Vote No. 315 Leg.] contract, beginning with the fiscal year 2006 But we will continue to debate amend- YEAS—40 program year, for the procurement of up to 42 additional C–17 aircraft. ments and stack them for a time Akaka Harkin Murray (b) CERTIFICATION REQUIRED.—Before the Bayh Inouye Nelson (FL) agreed upon by the two leaders for to- exercise of the authority in subsection (a), morrow morning. Biden Jeffords Obama Bingaman Johnson Pryor the Secretary of Defense shall submit to the AMENDMENT NO. 2473, AS MODIFIED Boxer Kennedy Reed congressional defense committees a certifi- The PRESIDING OFFICER. Who Byrd Kerry Reid cation that the additional airlift capacity to yields time on the amendment? Cantwell Kohl Rockefeller be provided by the C–17 aircraft to be pro- Clinton Landrieu Salazar cured under the authority is consistent with Mr. DURBIN. Mr. President, if I Dayton Lautenberg Sarbanes the quadrennial defense review under section Dodd Leahy could have the attention of the Cham- Schumer Dorgan Levin 118 of title 10, United States Code, to be sub- ber for 60 seconds. Stabenow Durbin Lieberman mitted to Congress with the budget of the The last amendment by Senator Feingold Lincoln Wyden President for fiscal year 2007 (as submitted CHAMBLISS received 99 votes. We all Feinstein Mikulski under section 1105(a) of title 31, United joined in supporting it. It was a good NAYS—59 States Code), as qualified by subsection (c). amendment. This amendment, which I (c) ADDITIONAL EXPLANATION OF INTER-THE- Alexander Crapo McCain ATER AIRLIFT REQUIREMENTS.— am offering, I think is better. Here is Allard DeMint McConnell (1) INCLUSION IN QUADRENNIAL DEFENSE RE- why. Allen DeWine Murkowski VIEW.—The Secretary of Defense shall, as Under the amendment offered by Baucus Dole Nelson (NE) part of the quadrennial defense review in 2005 Senator CHAMBLISS, you could reduce Bennett Domenici Roberts Bond Ensign and in accordance with the provisions of sec- the age at which you are eligible as a Santorum Brownback Enzi Sessions tion 118(d)(9) of title 10, United States Code, reservist to start receiving your retire- Bunning Frist Shelby carry out an assessment of the inter-theater Burns Graham ment based on the time you spent mo- Smith airlift capabilities required to support the Burr Grassley Snowe national defense strategy. bilized, activated. This amendment Carper Gregg Specter says you could reduce it by the time Chafee Hagel (2) ADDITIONAL INFORMATION.—In including served in the Reserve. Chambliss Hatch Stevens the assessment required by paragraph (1) in Sununu Right now, no matter when you Coburn Hutchison the quadrennial defense review as required Cochran Inhofe Talent by that paragraph, the Secretary shall ex- start, how long you serve, you cannot Coleman Isakson Thomas plain how the recommendations for future draw the first dollar in retirement Collins Kyl Thune airlift force structure requirements in that Vitter until you are 60 years old. Under my Conrad Lott quadrennial defense review take into ac- Cornyn Lugar Voinovich amendment, if you have served 25 years Craig Martinez Warner count the following: in the Reserve, you could start drawing (A) The increased airlift demands associ- it at age 55, which is the common re- NOT VOTING—1 ated with the Army modular brigade combat tirement age for civil servants, for Corzine teams. Federal employees. The amendment (No. 2473), as modi- (B) The objective to deliver a brigade com- My amendment is endorsed by the bat team anywhere in the world within four fied, was rejected. to seven days, a division within 10 days, and National Guard Association, the Mili- Mr. WARNER. I move to reconsider multiple divisions within 20 days. tary Officers Association, and the Re- the vote. (C) The increased airlift demands associ- serve Officers Association. Mr. LEVIN. I move to lay that mo- ated with the expanded scope of operational Mr. President, I ask unanimous con- tion on the table. activities of the Special Operations forces. sent to add Senators CORZINE and LAN- The motion to lay on the table was (D) The realignment of the overseas basing DRIEU as cosponsors. agreed to. structure in accordance with the Integrated The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, I see Presence and Basing Strategy. objection, it is so ordered. the distinguished Senator from Mis- (E) Adjustments in the force structure to souri and the Senator from Con- meet homeland defense requirements. Who seeks time in opposition? (F) The potential for simultaneous home- The Senator from Georgia is recog- necticut. This is one of the amend- land defense activities and major combat op- nized. ments in the 12 on this side of the aisle. erations. Mr. CHAMBLISS. Mr. President, as I I would like to have this amendment (G) Potential changes in requirements for said earlier, while I sympathize with move forward. intra-theater airlift or sealift capabilities.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25518 CONGRESSIONAL RECORD—SENATE November 9, 2005 (d) MAINTENANCE OF C–17 AIRCRAFT PRO- sponse to the gulf coast hurricanes and First, it would authorize a multiyear DUCTION LINE.—In the event the Secretary of the earthquake in Pakistan. contract for the purchase of up to 42 Defense is unable to make the certification The Chief of Staff for the Air Force, additional C–17 aircraft. specified in subsection (b), the Secretary of GEN Michael Moseley, recently said the Air Force should procure sufficient C–17 Second, the amendment urges the aircraft to maintain the C–17 aircraft pro- that the C–17 has ‘‘proven its worth in Secretary of the Air Force to sustain duction line at not less than the minimum gold.’’ the production line by procuring a min- sustaining rate until sufficient flight test The real question before the Senate imum sustaining production rate of C– data regarding improved C–5 aircraft mission is not whether we need additional 17s per year at least until further as- capability rates as a result of the Reliability intertheater airlift but how much more sessment of airlift needs are com- Enhancement and Re-engining Program and airlift is required. The Air Force’s pleted. Avionics Modernization Program have been longstanding position, reiterated time obtained to determine the validity of as- and again over the last few years, has Third, it requires the Secretary of sumptions concerning the C–5 aircraft used been at least 222 C–17s—42 more than Defense to certify whether there is a in the Mobility Capabilities Study. the planned procurement of 180 air- need for additional C–17s by assessing Mr. TALENT. Mr. President, Senator craft—are needed to meet growing air- the additional intertheater airlift re- LIEBERMAN and I are offering an lift requirements. General Handy re- quirements generated by seven factors amendment that we believe is crucial peatedly testified that 222 C–17s would which have to be considered but which to providing our Armed Forces with be the minimum necessary to meet our were not considered, we believe, in the the air transport capabilities they airlift requirements and that even flawed mobility study, including the need. The amendment has been cospon- more may be needed, and this is in ad- Army’s shift to brigade combat teams, sored by Chairman WARNER and Sen- dition to other programs for increasing its goal of deploying a brigade any- ators STEVENS, BOXER, FEINSTEIN, COR- the lift capabilities of the Department. where in the world in 4 to 7 days, and NYN, CHAMBLISS, and others. In addi- The Department’s decision regarding a division anywhere in the world in 10 tion, we have worked closely with the future C–17 production is, we believe, days, our increased involvement in chairman and Senator LEVIN and com- imminent. Senator LIEBERMAN and I international humanitarian relief mis- mittee staff, and the amendment has believe if we do not procure additional sions and deployment back to the been cleared on both sides. I am grate- transports, our intertheater airlift ca- United States of forces as part of the ful to the managers of the bill for their pabilities will be inadequate to meet Global Posture Review. work on this important legislation. our military’s needs. We will lack the We cannot pull back from forward The Defense Department’s current lift capability needed to deploy and bases around the world. We cannot intertheater airlift requirement was es- adequately sustain forces overseas. adapt increased requirements for being tablished by the Mobility Requirement While our primary responsibilities able to move substantial forces of the Study, called MRS–05, which was re- must be to our military personnel and Army around the world. We cannot leased in December 2000. That study national security, there is also a sig- identified the airlift necessary to con- fight a global war on terror everywhere nificant economic stake for many and perform humanitarian relief func- duct high-priority missions in support States. C–17 production generates ap- of two major theater wars. That was tions around the world. We cannot do proximately $8.4 billion in economic these things without adequate lift. the national military strategy at the activity and is supported by 702 sup- What is at stake is the ability of the time, to be able to conduct two major pliers in 42 States. This is a major in- United States to project its military theater wars at the same time. dustrial base issue. St. Louis is one of power on the world and to project aid Even back in 2001, recently retired the essential suppliers of components where necessary on a humanitarian TRANSCOM Commander, GEN John for the C–17. I have had the privilege of basis around the world. It is this airlift Handy, identified the Department’s visiting workers who build parts for which enables us to do the other trans- pre-September 11 intertheater airlift the plane. requirements as inadequate. He charac- There are over 1,800 people through- formational things in the military terized that study, which was a pre-9/11 out Missouri who help build the C–17, which are the way we hope to sustain study, shortly after its release as a his- which generates more than $776 million an adequate military force while also torical document, not of great value, in economic impact. States such as having some economies. because in his judgment it signifi- California, New York, Illinois, Iowa, Senator LIEBERMAN and I offer this cantly underestimated the true airlift Connecticut, Florida, and Washington amendment because intertheater air- requirements of the Department even have over 491 C–17 suppliers that gen- lift is the means by which our forces at that time. I will expand on this erate over $5.5 billion of economic ac- deploy on short notice anywhere in the point in a few minutes. tivity in these States alone. world and a primary means by which We are now learning that the Depart- Despite the facts I recited before we sustain deployed forces. When the ment’s most recent study has com- about airlift, it has been reported that Chief of Staff of the Air Force, the re- pletely failed to readjust the airlift re- the draft version of the new Mobility cently retired head of TRANSCOM, and quirement in light of all the different Capabilities Study recommends no fur- others who understand the central im- missions in which the United States is ther C–17 production beyond 180 air- portance of airlift for our services tell now and will be engaged for years to craft, at least 42 transports short of the us about how vital this aircraft is to come—the global war on terror, inter- minimum number required. Incredibly, the military’s air transport needs, we national humanitarian relief missions, the new Mobility Capabilities Study believe it is prudent to take their word expanded special operations and train- calls for the same transport force for it and plan accordingly. ing, to say nothing of our need to sup- structure planned before 9/11, and it It is my understanding this amend- port the underlying national military sets forth the same airlift requirement ment has been agreed to on both sides. strategy needs. in the pre-9/11 days. Again, even before We are certainly grateful for that. I ap- The C–17 is the primary intertheater 9/11, the head of TRANSCOM, General preciate the leadership of the floor air transport used by the United States Handy, said the Department’s estimate managers in being able to reach that to deploy and sustain forces overseas. of its airlift requirement was out of agreement. It has delivered 70 percent of the cargo date. Yet the draft study doesn’t in- Mr. President, I yield the floor. airlifted into Iraq. It has turned in crease that requirement, even given stellar performances in theaters from the undeniable additional needs since The PRESIDING OFFICER. Who Kosovo to Afghanistan to the global the global war on terror began. seeks time? The Senator from Con- war on terror in all its various loca- The Talent-Lieberman amendment necticut. tions. In addition, the C–17 played a would accomplish three objectives to Mr. LIEBERMAN. Mr. President, I key role in several recent humani- protect the lift capability needed to de- rise to speak in favor of the amend- tarian relief missions, including the re- ploy and sustain forces overseas. ment that I am privileged to cosponsor

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25519 with my friend from Missouri. He again, at odds with the Transportation personally believe that the QDR will spoke very comprehensively and elo- Command. Here is the problem. If that increase the requirement for strategic quently about it. I will say a few words position holds and we stop production airlift, not decrease it, as the Mobility and associate myself with everything of the C–17 at 180, that would mean pro- Capabilities Study suggests. he has said. duction would end in 2008 and the pro- This amendment is protection This is all about strategic airlift. It duction line would close. It is hard to against the implementation of the Mo- is all about the ability to deploy our start it up again—impossible to start it bility Capabilities Study numbers pre- forces and the equipment and materials up again. A lot of people around the maturely, of the shutting down of to sustain them to battlefields around country, including in Connecticut, will these production lines, of the loss of the world. The C–17, a remarkable air- lose their jobs. jobs, and of the inability to meet the craft, has done that with enormous ef- There is a fundamental flaw to the strategic airlift needs of our military. ficiency, reliability, and skill. Mobility Capabilities Study. It is sim- The amendment says the Secretary I have been around here long enough ply that the case has not been made of the Air Force may execute a now that I remember when the mili- that we are going to adequately sup- multiyear contract for the 42 more air- tary was pleading with us in Congress port our military with 180 of these planes that would bring us to the 222 to authorize and appropriate for the de- planes. We need 222. standing requirement, that the Depart- velopment of a new strategic airlift ca- The Mobility Capabilities Study has ment of Defense must reconsider the pacity. It became the C–17. I remember serious limits and flaws. The first point validity of those Mobility Capabilities the arguments. The strategic airlift is is that it started several years ago, and Study assumptions during the QDR, like the long pole in a tent. If the pole its conclusions are based on assump- and that the production line for the C– is gone, the tent collapses. If you can- tions that I contend are no longer 17s and all component parts must be not get your forces, material, and valid. kept operating at least at a minimum equipment to support them to the field Among these that concern me most sustaining rate until we are confident of battle around the world—the fields are the assumptions that the planning of what we need. of battle are not only dispersed around scenarios in place during the study, the This is a hedge against a precipitous the world but in very different cir- war situation scenarios, need situation and, I would say, dangerous decision cumstances often without typical or scenarios, are still valid. Also, that made based on a single study done conventional airfields on which to there will be no increase in demand within the Pentagon. land—then you can’t fight the battle. from revisions in those planning sce- I am grateful for the encouragement From that plea over a period of years narios, that there will be no increase in and, I hope and believe, support of the came the design and construction of what we call intertheater demand— chairman of the Armed Services Com- the C–17. I remember the first day I within the theater—demand for stra- mittee and the ranking Democrat. I saw the first C–17 fly into an airfield in tegic airlift, and there will be no sig- thank Senator TALENT for all the work East Hartford, associated with Pratt & nificant increase in concurrent demand he has done to bring this forward. It Whitney who, I am proud to say, builds associated with homeland defense at has been a pleasure working with him. the engines for these planes. It is re- the same time there are major combat I ask my colleagues to support the markable. It is an enormous plane. The operations overseas underway. amendment. pilots flew it with an ease and mobility Senator TALENT pointed out that re- The PRESIDING OFFICER. The Sen- that made it seem like a much smaller cently the C–17s were used to bring ator from Virginia. plane. critically important materials into the Mr. WARNER. Mr. President, I It has performed admirably over the gulf coast area after Hurricane Katrina strongly endorse the amendment by years. Time after time, members of the struck. our colleagues, both the Senator from Armed Services Committee, on which I say that all of these assumptions of Missouri and the Senator from Con- the Senator from Missouri and I are the Mobility Capabilities Study, which necticut. They have carefully discussed privileged to serve, have heard our reached this unique conclusion that we with us the process by which they ar- warfighting commanders tell us that will be safe with 180 C–17s, are suspect. rived at this conclusion. I must say, they don’t have enough strategic air- The fact is, the Department of Defense putting aside a little modesty, years lift. is now looking at some very different and years ago, I was the one who on I am privileged to serve as the rank- military planning scenarios which several occasions worked with others ing Democrat on the Airland Sub- would occasion very significant de- in this Senate to save the C–17 from committee of the Armed Services Com- mand for the C–17 strategic airlift ca- even coming into being. We could see mittee. We authorize strategic airlift, pacity. the needs into the future. and here, too, we have heard over and We know that in-theater demand for This plane has been an absolute, over, one, about the need and, two, this capacity has obviously increased rock-solid performer in our inventory about the enormously impressive per- in Iraq because of the danger of ground of airlift. I think this amendment formance of the C–17. movement, and the C–17s have met comes at a critical time, expressing the It is the heart of our strategic airlift. that need brilliantly and reliably. desires of the Congress. It gives flexi- The Air Force, as my friend from Mis- Subsequent insurgencies, the kinds of bility to the Secretary of the Air Force souri, Senator TALENT, has said, has unconventional conflicts and threats and the Secretary of Defense to pro- contended over and over—and this we are likely to face in the years ceed. I strongly support it. reaches a level of a plea also—that we ahead, will also require the kind of At this time, it may be necessary to need 222 C–17s. That is a position held unique capacity that this aircraft has put in a quorum call so the matter can by the U.S. Transportation Command, to carry an enormous amount of mate- be discussed. Is that correct? which is responsible for the planning rial or personnel and land in very un- The PRESIDING OFFICER. The Sen- and providing of strategic transpor- conventional and different topogra- ator from Connecticut. tation for our military. phies. Mr. LIEBERMAN. Mr. President, I Here is the problem and what brings There is now, as we know, a Quadren- ask unanimous consent that my friend Senator TALENT and I and a very broad nial Defense Review underway. That is and colleague from Connecticut, Sen- group of Senators of both parties to done every 4 years within the Pentagon ator DODD, be added as an original co- offer this amendment. to sketch out—more than sketch out— sponsor of the amendment. A study has recently been completed to define and delineate the strategic The PRESIDING OFFICER. Without by the Department of Defense called and specific materiel needs of our mili- objection, it is so ordered. the Mobility Capabilities Study. It tary to execute the national military Mr. LIEBERMAN. He has been a concludes, uniquely—no one else has— strategy. That QDR is underway and steadfast and I would go so far as to that the need now is only for 180 C–17s; probably will address these issues. I say a fervent supporter of the C–17 over

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25520 CONGRESSIONAL RECORD—SENATE November 9, 2005 the years of the existence of this pro- The PRESIDING OFFICER. The Sen- ator from Michigan, I send a managers’ gram, and on behalf of Senator TALENT, ator is correct. package of some 40 amendments to the I ask that when a vote is taken on this AMENDMENT NO. 2478 desk which have been cleared by my- amendment, it be taken by rollcall. Mr. LAUTENBERG. Mr. President, I self and the ranking member. The PRESIDING OFFICER. The Sen- want to amend my amendment, No. Mr. LEVIN. Mr. President, the ator from Michigan. 2478, which I introduced earlier, to in- amendments have been cleared on our Mr. LEVIN. Mr. President, we sup- clude another paragraph to clarify ex- side. port this amendment. The Secretary’s actly what we mean. I listened to rec- Mr. WARNER. Mr. President, I ask certification that is involved should ommendations that we use other lan- unanimous consent the Senate consider not be related to the mobility capa- guage that again further clarifies the those amendments en bloc, the amend- bility study because that will not make intent here. ments be agreed to, and the motions to any recommendations for changing air- The intent, very simply, is to say if reconsider be laid upon the table. Fi- lift requirements. The certification someone violates the rules for transfer- nally, I ask unanimous consent that should be related to the Quadrennial ring classified information knowingly, any statements relating to any of these Defense Review because if there are then we think they should lose that op- individual amendments be printed in changes in the national military strat- portunity for access to that. the RECORD. The PRESIDING OFFICER. Without egy that affect airlift requirements, That was the sole purpose. I offer it. Mr. WARNER. Mr. President, I ob- objection, it is so ordered. those should be reflected in the QDR. The amendments were agreed to en If the Air Force does not buy any ject. The PRESIDING OFFICER. Objec- bloc, as follows: more C–17 aircraft after 2007, Boeing tion is heard. AMENDMENT NO. 1316, AS MODIFIED may have to close down its production Mr. LAUTENBERG. Mr. President, I (Purpose: To authorize, with an offset, an ad- line after delivering the last of 180 C– ask unanimous consent to second-de- ditional $5,000,000 for research, develop- 17s. That would be before we have the gree my amendment. I send it to the ment, test, and evaluation for the Army testing data on the C–5 upgrades be- desk for consideration. for the Joint Service Small Arms Program) cause that data will not be available Mr. LEVIN. Parliamentary inquiry. At the end of subtitle B of title II, add the until 2008. The PRESIDING OFFICER. The Sen- following: Given the fact there are some risks ator from Michigan. SEC. 213. JOINT SERVICE SMALL ARMS PRO- those upgrades will not achieve the Mr. LEVIN. Parliamentary inquiry: GRAM. mission-capable rates the DOD expects It is my understanding the Senator has (a) INCREASED AMOUNT FOR RESEARCH, DE- VELOPMENT, TEST, AND EVALUATION, ARMY.— and then make it possible for us to a right to send a second-degree amend- The amount authorized to be appropriated meet our lift requirements, this is a ment to the desk without consent. by section 201(1) for research, development, positive amendment. It gives some real The PRESIDING OFFICER. The Sen- test, and evaluation for the Army is hereby flexibility and discretion to the Sec- ator may second-degree his own increased by $5,000,000. retary of Defense. amendment without consent. (b) AVAILABILITY OF AMOUNT.—Of the The PRESIDING OFFICER. The Sen- Mr. WARNER. Mr. President, my un- amount authorized to be appropriated by derstanding of the parliamentary situ- section 201(1) for research, development, test, ator from Virginia. and evaluation for the Army, as increased by Mr. WARNER. Mr. President, do I un- ation is that the ruling of the Chair is correct, that a Senator may send an subsection (a), $5,000,000 may be available for derstand the Senators desire a rollcall the Joint Service Small Arms Program. vote? amendment in the second degree. But (c) OFFSET.—The amount authorized to be Mr. TALENT. That is correct. under the underlying unanimous con- appropriated by section 301(4) is hereby re- Mr. WARNER. I ask for the yeas and sent agreement on which we are oper- duced by $5,000,000. nays. ating on this bill, all time has to be AMENDMENT NO. 1329, AS MODIFIED The PRESIDING OFFICER. Is there a yielded back before the second-degree (Purpose: To authorize, with an offset, an ad- sufficient second? amendment may be offered. ditional $1,000,000 for procurement for the There appears to be a sufficient sec- The PRESIDING OFFICER. The Sen- Marine Corps for General Property for ond. ator from New Jersey asked consent to Field Medical Equipment for the Rapid In- second-degree his amendment. The travenous (IV) Infusion Pump) The yeas and nays were ordered. amendment is not currently the pend- At the end of subtitle C of title I, add the Mr. WARNER. We will schedule this ing question, nor has all time expired following: vote at a time in consultation with our on the first-degree amendment, so it is SEC. 124. RAPID INTRAVENOUS INFUSION PUMP. respective leaders. There may be some appropriate to ask consent at this (a) ADDITIONAL AMOUNT FOR PROCUREMENT other matters that we have. FOR THE ARINE ORPS time. M C .—The amount au- The PRESIDING OFFICER. The Sen- Is there objection? thorized to be appropriated by section 102(b) ator from Missouri is recognized. Mr. WARNER. Objection. for procurement for the Marine Corps is Mr. TALENT. Mr. President, I again hereby increased by $1,000,000. The PRESIDING OFFICER. Objec- (b) AVAILABILITY OF AMOUNT.—Of the thank the chairman and ranking mem- tion is heard. amount authorized to be appropriated by ber for their hard work. The Senator Mr. LAUTENBERG. Mr. President, I section 102(b) for procurement for the Marine from Connecticut and I talked about it. suggest the absence of a quorum. Corps, as increased by subsection (a), We thought this measure, going to the The PRESIDING OFFICER. The $1,000,000 may be available for General Prop- heart of such an important require- clerk will call the roll. erty for Field Medical Equipment for the ment, was worthy of a rollcall vote. I The legislative clerk proceeded to Rapid Intravenous (IV) Infusion Pump. do appreciate the chairman’s patience call the roll. (c) OFFSET.—The amount authorized to be Mr. WARNER. Mr. President, I ask appropriated by section 301(4) is hereby re- on that. duced by $1,000,000. Mr. WARNER. I suggest the absence unanimous consent that the order for the quorum call be dispensed with. AMENDMENT NO. 1382, AS MODIFIED of a quorum. (Purpose: To require a report on the aircraft The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without objection, it is so ordered. of the Army to perform the High-altitude DEMINT). The clerk will call the roll. Aviation Training Site of the Army Na- The assistant legislative clerk pro- AMENDMENTS NOS. 1316, AS MODIFIED; 1329, AS tional Guard) MODIFIED; 1382, AS MODIFIED; 1410, 1438, 1444, ceeded to call the roll. At the end of subtitle C of title III, add the 1469, AS MODIFIED; 1471, 1534, 1543, 1544, AS MODI- Mr. WARNER. Mr. President, I ask following: FIED; 1550, AS MODIFIED; 1559, AS MODIFIED; SEC. 330. REPORT ON AIRCRAFT TO PERFORM unanimous consent the order for the 1560, AS MODIFIED; 1562, 1567, AS MODIFIED; 1885, quorum call be rescinded. HIGH-ALTITUDE AVIATION TRAIN- 2484, 2485, 2486, 2487, 2488, 2489, 2490, 2491, 2492, 2493, ING SITE The PRESIDING OFFICER. Without 2494, 2495, 2496, 2497, 2498, 2499 TO 1396; 2500, 2501, Not later than December 15, 2005, the Sec- objection, it is so ordered. 2502, 2503, 2504, 2505, AND 2506, EN BLOC retary of the Army shall submit to the con- Mr. WARNER. The Senate is now in Mr. WARNER. Mr. President, in con- gressional defense committee a report con- session on the bill; is that correct? sultation with the distinguished Sen- taining the following:

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25521 (1) An evaluation of the type of aircraft of the Treaty or retain access to controlled (1) An identification of the current range available in the inventory of the Army that materials and equipment acquired for of lengths and frequencies of deployments of is most suitable to perform the High-altitude ‘‘peaceful’’ purposes; members of the National Guard and the Re- Aviation Training Site (HAATS) mission. (K) to accelerate implementation of disar- serves. (2) A determination of when such aircraft mament obligations and commitments under (2) An assessment of the consequences for may be available for assignment to the the Nuclear Non-Proliferation Treaty for the force structure, morale, and mission capa- HAATS. purpose of reducing the world’s stockpiles of bility of deployments of members of the Na- AMENDMENT NO. 1410 nuclear weapons and weapons-grade fissile tional Guard and the Reserves in the course (Purpose: To express the sense of Congress material; and of the global war on terrorism that are concerning actions to support the Nuclear (L) to strengthen and expand support for lengthy, frequent, or both. Non-Proliferation Treaty) the Proliferation Security Initiative. (3) An identification of the optimal length and frequency of deployments of members of On page 296, after line 19, add the fol- AMENDMENT NO. 1438 the National Guard and the Reserves during lowing: (Purpose: To redesignate the Naval Reserve the global war on terrorism. SEC. 1205. SENSE OF CONGRESS ON SUPPORT as the Navy Reserve) (4) An identification of mechanisms to re- FOR NUCLEAR NON-PROLIFERATION (The amendment is printed in the TREATY. duce the length, frequency, or both of de- Congress— RECORD of July 22, 2005, under ‘‘Text of ployments of members of the National Guard (1) reaffirms its support for the objectives Amendments.’’ and the Reserves during the global war on of the Treaty on the Non-Proliferation of AMENDMENT NO. 1444 terrorism. (c) REPORT.—Not later than May 1, 2006, Nuclear Weapons, done at Washington, Lon- (Purpose: To ensure that any reimbursement the Defense Science Board shall submit to don, and Moscow July 1, 1968, and entered for services is retained for fire protection the congressional defense committees a re- into force March 5, 1970 (the ‘‘Nuclear Non- activity) Proliferation Treaty’’); port on the study required by subsection (a). At the end of subtitle G of title X, add the The report shall include the results of the (2) expresses its support for all appropriate following: measures to strengthen the Nuclear Non- study and such recommendations as the De- Proliferation Treaty and to attain its objec- SEC. 1073. RETENTION OF REIMBURSEMENT FOR fense Science Board considers appropriate in PROVISION OF RECIPROCAL FIRE light of the study. tives; and PROTECTION SERVICES. AMENDMENT NO. 1534 (3) calls on all parties to the Nuclear Non- Section 5 of the Act of May 27, 1955 (chap- Proliferation Treaty— ter 105; 69 Stat. 67; 42 U.S.C. 1856d) is amend- (Purpose: To permit the Department of De- (A) to insist on strict compliance with the ed— fense and other Federal agencies to enter non-proliferation obligations of the Nuclear (1) by striking ‘‘Funds’’ and inserting ‘‘(a) into reciprocal agreements with fire orga- Non-Proliferation Treaty and to undertake Funds’’; and nizations for emergency medical services, effective enforcement measures against (2) by adding at the end the following new hazardous material containment, and states that are in violation of their obliga- subsection: other emergency services) tions under the Treaty; ‘‘(b) Notwithstanding the provisions of sub- On page 286, between lines 7 and 8, insert (B) to agree to establish more effective section (a), all sums received for any Depart- the following: controls on enrichment and reprocessing ment of Defense activity for fire protection SEC. 1073. EXPANSION OF EMERGENCY SERVICES technologies that can be used to produce ma- rendered pursuant to this Act shall be cred- UNDER RECIPROCAL AGREEMENTS. terials for nuclear weapons; ited to the appropriation fund or account Subsection (b) of the first section of the (C) to expand the ability of the Inter- from which the expenses were paid. Amounts Act of May 27, 1955 (69 Stat. 66, chapter 105; national Atomic Energy Agency to inspect so credited shall be merged with funds in 42 U.S.C. 1856(b)) is amended by striking and monitor compliance with safeguard such appropriation fund or account and shall ‘‘and fire fighting’’ and inserting ‘‘, fire agreements and standards to which all states be available for the same purposes and sub- fighting, and emergency services, including basic and advanced life support, hazardous should adhere through existing authority ject to the same limitations as the funds material containment and confinement, and and the additional protocols signed by the with which the funds are merged.’’. states party to the Nuclear Non-Prolifera- special rescue events involving vehicular and AMENDMENT NO. 1469, AS MODIFIED tion Treaty; water mishaps, and trench, building, and (D) to demonstrate the international com- (Purpose: To renew the moratorium on the confined space extractions’’. munity’s unified opposition to a nuclear return of veterans memorial objects to for- AMENDMENT NO. 1543 weapons program in Iran by— eign nations without specific authorization (Purpose: To authorize the Secretary of En- (i) supporting the efforts of the United in law) ergy to carry out certain new plant States and the European Union to prevent At the end of subtitle G of title X, add the projects for defense nuclear non-prolifera- the Government of Iran from acquiring a nu- following: tion activities) clear weapons capability; and SEC. 1073. RENEWAL OF MORATORIUM ON RE- On page 372, line 3, insert after (ii) using all appropriate diplomatic means TURN OF VETERANS MEMORIAL OB- ‘‘$1,637,239,000’’ the following: ‘‘, of which at their disposal to convince the Government JECTS TO FOREIGN NATIONS WITH- amount $338,565,000 shall be available for of Iran to abandon its uranium enrichment OUT SPECIFIC AUTHORIZATION IN project 99–D–143, the Mixed Oxide Fuel Fab- LAW. program; rication Facility, Savannah River Site, Section 1051(c) of the National Defense Au- (E) to strongly support the ongoing United Aiken, South Carolina, and $24,000,000 shall thorization Act for Fiscal Year 2000 (Public States diplomatic efforts in the context of be available fro project 99–D–141, the Pit Dis- the six-party talks that seek the verifiable Law 106–65; 113 Stat. 763; 10 U.S.C. 2572 note) assembly and Conversion Facility, Savannah and irreversible disarmament of North Ko- is amended by inserting ‘‘, and during the pe- River Site, Aiken, South Carolina’’. riod beginning on the date of the enactment rea’s nuclear weapons programs and to use AMENDMENT NO. 1544, AS MODIFIED of the National Defense Authorization Act all appropriate diplomatic means to achieve (Purpose: To authorize, with an offset, an ad- this result; for Fiscal Year 2006 and ending on September 30, 2010. ditional $6,000,000 for Research, Develop- (F) to pursue diplomacy designed to ad- ment, Test, and Evaluation, Navy, for re- AMENDMENT NO. 1471 dress the underlying regional security prob- search and development on Long Wave- lems in Northeast Asia, South Asia, and the (Purpose: To require a study on the deploy- length Array low frequency radio astron- Middle East, which would facilitate non-pro- ment times of members of the National omy instruments) liferation and disarmament efforts in those Guard and Reserves in the global war on At the end of subtitle B of title II, add the regions; terrorism) following: (G) to accelerate programs to safeguard At the end of subtitle C of title V, add the SEC. 213. LONG WAVELENGTH ARRAY LOW FRE- and eliminate nuclear weapons-usable mate- following: QUENCY RADIO ASTRONOMY IN- rial to the highest standards to prevent ac- SEC. 538. DEFENSE SCIENCE BOARD STUDY ON STRUMENTS. cess by terrorists and governments; DEPLOYMENT OF MEMBERS OF THE (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- (H) to halt the use of highly enriched ura- NATIONAL GUARD AND RESERVES IN VELOPMENT, TEST, AND EVALUATION, NAVY.— nium in civilian reactors; THE GLOBAL WAR ON TERRORISM. The amount authorized to be appropriated (I) to strengthen national and inter- (a) STUDY REQUIRED.—The Defense Science by section 201(2) for research, development, national export controls and relevant secu- Board shall conduct a study on the length test, and evaluation for the Navy is hereby rity measures as required by United Nations and frequency of the deployment of members increased by $6,000,000. Security Council Resolution 1540; of the National Guard and the Reserves as a (b) AVAILABILITY OF AMOUNT.— (J) to agree that no state may withdraw result of the global war on terrorism. (1) IN GENERAL.—Of the amount authorized from the Nuclear Non-Proliferation Treaty (b) ELEMENTS.—The study required by sub- to be appropriated by section 201(2) for re- and escape responsibility for prior violations section (a) shall include the following: search, development, test, and evaluation for

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the Navy, as increased by subsection (a), (9) the use of private contractors to supply AMENDMENT NO. 1562 $6,000,000 may be available for research and language specialists. (Purpose: To designate the annex to the E. development on Long Wavelength Array low (e) REPORTS.— Barrett Prettyman Federal Building and frequency radio astronomy instruments. (1) EVALUATION REPORTS.— United States Courthouse located at 333 (2) CONSTRUCTION WITH OTHER AMOUNTS.— (A) IN GENERAL.—Not later than 1 year Constitution Avenue Northwest in the Dis- The amount available under paragraph (1) after the date of enactment of this Act, and trict of Columbia as the ‘‘William B. Bry- for the purpose set forth in that paragraph is annually thereafter until the expiration of ant Annex’’) in addition to any other amounts available the 3-year period beginning on such date of On page 371, between lines 8 and 9, insert under this Act for that purpose. enactment, the Secretary shall submit to the following: Congress an evaluation report on the pilot (c) OFFSET.—The amount authorized to be SEC. 2887. DESIGNATION OF WILLIAM B. BRYANT appropriated by section 301(4) for operation project conducted under this section. ANNEX. and maintenance for the Air Force is hereby (B) CONTENTS.—Each report required under (a) DESIGNATION.—The annex to the E. Bar- reduced by $6,000,000. subparagraph (A) shall contain information rett Prettyman Federal Building and United AMENDMENT NO. 1550, AS MODIFIED on the operation of the pilot project, the suc- States Courthouse located at 333 Constitu- cess of the pilot project in carrying out the (Purpose: To improve national security tion Avenue Northwest in the District of Co- objectives of the establishment of a Civilian through the establishment of a Civilian lumbia shall be known and designated as the Linguist Reserve Corps, and recommenda- Linguist Reserve Corps Pilot Project with- ‘‘William B. Bryant Annex’’. tions for the continuation or expansion of (b) REFERENCES.—Any reference in a law, in the Department of Defense comprised of the pilot project. map, regulation, document, paper, or other citizens fluent in foreign languages who (2) FINAL REPORT.—Not later than 6 months record of the United States to the annex re- would be available to provide translation after the completion of the pilot project, the ferred to in subsection (a) shall be deemed to services and related duties, as needed) Secretary shall submit to Congress a final be a reference to the ‘‘William B. Bryant On page 48, line 21, strike ‘‘$18,584,469,000’’ report summarizing the lessons learned, best Annex’’. and insert ‘‘$18,581,369,000’’. practices, and recommendations for full im- AMENDMENT NO. 1567, AS MODIFIED At the appropriate place, insert the fol- plementation of the Civilian Linguist Re- (Purpose: To modify the exclusion from offi- lowing: serve Corps. cer distribution and strength limitations SEC. ll. PILOT PROJECT FOR CIVILIAN LIN- (f) AUTHORIZATION OF APPROPRIATIONS.— of officers serving in intelligence commu- GUIST RESERVE CORPS. There are authorized to be appropriated nity positions) $3,100,000 for fiscal year 2006 to carry out the (a) ESTABLISHMENT.—The Secretary of De- At the end of subtitle A of title V, add the pilot project under this section. fense (referred to in this section as the ‘‘Sec- following: retary’’), through the National Security (g) OFFSET.—The amounts authorized to be appropriated by section 301(4) are hereby re- SEC. 509. APPLICABILITY OF OFFICER DISTRIBU- Education Program, shall conduct a 3-year TION AND STRENGTH LIMITATIONS pilot project to establish the Civilian Lin- duced by $3,100,000 from operation and main- TO OFFICERS SERVING IN INTEL- guist Reserve Corps, which shall be com- tenance, Air Force. LIGENCE COMMUNITY POSITIONS. posed of United States citizens with ad- AMENDMENT NO. 1559, AS MODIFIED (a) IN GENERAL.—Section 528 of title 10, vanced levels of proficiency in foreign lan- (Purpose: To increase by $1,000,000 the United States Code, is amended to read as guages who would be available, upon request amount authorized to be appropriated to follows: from the President, to perform any services the Army for research, development, test, ‘‘§ 528. Exclusion: officers serving in certain or duties with respect to such foreign lan- and evaluation, to be available for research intelligence positions guages in the Federal Government as the on and facilitation of technology for con- ‘‘(a) EXCLUSION OF OFFICER SERVING IN CER- President may require. verting obsolete chemical munitions to TAIN CIA POSITIONS.—When either of the in- (b) IMPLEMENTATION.—In establishing the fertilizer, and to provide an offset) dividuals serving in a position specified in Civilian Linguist Reserve Corps, the Sec- On page 28, between lines 10 and 11, insert subsection (b) is an officer of the armed retary, after reviewing the findings and rec- the following: forces, one of those officers, while serving in ommendations contained in the report re- SEC. 203. FUNDING FOR DEVELOPMENT OF DIS- such position, shall be excluded from the quired under section 325 of the Intelligence TRIBUTED GENERATION TECH- limitations in sections 525 and 526 of this Authorization Act for Fiscal Year 2003 (Pub- NOLOGIES. title while serving in such position. lic Law 107–306; 116 Stat. 2393), shall— (a) INCREASE IN FUNDS AVAILABLE TO ARMY ‘‘(b) COVERED POSITIONS.—The positions re- (1) identify several foreign languages that FOR RESEARCH, DEVELOPMENT, TEST, AND ferred to in this subsection are the following: are critical for the national security of the EVALUATION.—The amount authorized to be ‘‘(1) Director of the Central Intelligence United States and the relative priority of appropriated by section 201(1) for research, Agency. each such language; development, test, and evaluation for the ‘‘(2) Deputy Director of the Central Intel- (2) identify United States citizens with ad- Army maybe increased by $1,000,000, with the ligence Agency. vanced levels of proficiency in those foreign amount of such increase to be available for ‘‘(c) ASSOCIATE DIRECTOR OF CIA FOR MILI- languages who would be available to perform research on and facilitation of technology TARY SUPPORT.—An officer of the armed the services and duties referred to in sub- for converting obsolete chemical munitions forces serving in the position of Associate section (a); to fertilizer. Director of the Central Intelligence Agency (3) cooperate with other Federal agencies (b) REDUCTION IN FUNDS AVAILABLE TO AIR for Military Support, while serving in that with national security responsibilities to im- FORCE.—The amount authorized to be appro- position, shall be excluded from the limita- plement a procedure for calling for the per- priated by section 301(4) for the Air Force is tions in sections 525 and 526 of this title formance of the services and duties referred hereby reduced by $1,000,000. while serving in such position. ‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.— to in subsection (a); and AMENDMENT NO. 1560, AS MODIFIED Up to 5 general and flag officers of the armed (4) implement a call for the performance of (Purpose: To increase by $1,500,000 the such services and duties. forces assigned to positions in the Office of amount authorized to be appropriated to the Director of National Intelligence des- (c) CONTRACT AUTHORITY.—In establishing the Navy for research within the High- the Civilian Linguist Reserve Corps, the Sec- ignated by agreement between the Secretary Brightness Electron Source program, and of Defense and the Director of National In- retary may enter into contracts with appro- to provide an offset) priate agencies or entities. telligence shall be excluded from the limita- On page 28, between lines 10 and 11, insert tions in sections 525 and 526 of this title (d) FEASIBILITY STUDY.—During the course the following: of the pilot project, the Secretary shall con- while serving in such positions.’’. SEC. 203. FUNDING FOR RESEARCH AND TECH- (b) CLERICAL AMENDMENT.—The table of duct a study of the best practices in imple- NOLOGY TRANSITION FOR HIGH- sections at the beginning of chapter 32 of menting the Civilian Linguist Reserve Corps, BRIGHTNESS ELECTRON SOURCE such title is amended by striking the item including— PROGRAM. relating to section 528 and inserting the fol- (1) administrative structure; (a) INCREASE IN FUNDS AVAILABLE TO NAVY lowing new item: (2) languages to be offered; FOR RESEARCH, DEVELOPMENT, TEST, AND ‘‘528. Exclusion: officers serving in certain (3) number of language specialists needed EVALUATION.—The amount authorized to be intelligence positions.’’. for each language; appropriated by section 201(2) for research, (4) Federal agencies who may need lan- development, test, and evaluation for the AMENDMENT NO. 1885 guage services; Navy maybe increased by $1,500,000. (Purpose: To authorize the Secretary of the (5) compensation and other operating (b) REDUCTION IN FUNDS AVAILABLE TO Navy to provide for the welfare of Special costs; ARMY FOR PROCUREMENT, AMMUNITION.—The Category Residents at Naval Station Guan- (6) certification standards and procedures; amount authorized to be appropriated by tanamo Bay, Cuba) (7) security clearances; section 301(4) for the Air Force is hereby re- At the end of subtitle C of title III, add fol- (8) skill maintenance and training; and duced by $1,500,000. lowing:

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25523 SEC. 330. WELFARE OF SPECIAL CATEGORY RESI- reduction to be derived from amounts au- 0602601F) for research and development on DENTS AT NAVAL STATION GUANTA- thorized to be appropriated by that section the reliability of field programmable gate ar- NAMO BAY, CUBA. for the Air Force. rays for space applications, including design (a) IN GENERAL.—The Secretary of the AMENDMENT NO. 2487 of an assurance strategy, reference architec- Navy may provide for the general welfare, tures, research and development on reli- including subsistence, housing, and health (Purpose: To provide, with an offset, an addi- ability and radiation hardening, and out- care, of any person at Naval Station Guanta- tional $4,500,000 for Operation and Mainte- reach to industry and localities to develop namo Bay, Cuba, who is designated by the nance, Army, for procurement of the RI- core competencies. Secretary, not later than 90 days after the 2200 and RI-2400 Long Arm High-Intensity (c) OFFSET.—The amount authorized to be date of the enactment of this Act, as a so- Arc Metal Halide Handheld Searchlight) appropriated by section 301(4) is hereby re- called ‘‘special category resident’’. At the end of subtitle C of title III, add the duced by $3,000,000. (b) PROHIBITION ON CONSTRUCTION OF FA- following: AMENDMENT NO. 2490 CILITIES.—The authorization in subsection SEC. 330. LONG ARM HIGH-INTENSITY ARC (Purpose: To provide for Department of De- (a) shall not be construed as an authoriza- METAL HALIDE HANDHELD SEARCH- fense support of certain Paralympic sport- tion for the construction of new housing fa- LIGHT. ing events) (a) ADDITIONAL AMOUNT FOR OPERATION AND cilities or medical treatment facilities. At the end of subtitle C of title III, add the ONSTRUCTION OF PRIOR USE OF MAINTENANCE, ARMY.—The amount author- (c) C following: FUNDS.—The provisions of chapter 13 of title ized to be appropriated by section 301(1) for SEC. ll. DEPARTMENT OF DEFENSE SUPPORT 31, United States Code, are hereby deemed operation and maintenance for the Army is FOR CERTAIN PARALYMPIC SPORT- not to have applied to the obligation or ex- hereby increased by $4,500,000. ING EVENTS. penditure of funds before the date of the en- (b) AVAILABILITY OF AMOUNT.—Of the (a) PROVISION OF SUPPORT.—Subsection (c) actment of this Act for the general welfare amount authorized to be appropriated by of section 2564 of title 10, United States Code, of persons described in subsection (a). section 301(1) for operation and maintenance is amended by adding at the end the fol- AMENDMENT NO. 2484 for the Army, as increased by subsection (a), lowing new paragraphs: $4,500,000 may be available for the Long Arm (Purpose: To authorize, with an offset, an ad- ‘‘(4) A sporting event sanctioned by the High-Intensity Arc Metal Halide Handheld ditional $1,000,000 for research, develop- United States Olympic Committee through Searchlight. ment, test, and evaluation for the Army the Paralympic Military Program. (c) OFFSET.—The amount authorized to be for Warhead/Grenade Scientific Based Man- ‘‘(5) A national or international appropriated by section 301(4) is hereby re- ufacturing Technology) Paralympic sporting event (other than one duced by $4,500,000, with the amount of the covered by paragraph (3) or (4))— At the end of subtitle B of title II, add the reduction to be derived from amounts au- ‘‘(A) which is— following: thorized to be appropriated by that section ‘‘(i) held in the United States or any of its SEC. 213. WARHEAD/GRENADE SCIENTIFIC BASED for the Air Force. territories or commonwealths; MANUFACTURING TECHNOLOGY. AMENDMENT NO. 2488 ‘‘(ii) governed by the International (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- Paralympic Committee; and VELOPMENT, TEST, AND EVALUATION FOR THE (Purpose: To support the acquisition of for- ‘‘(iii) sanctioned by the United States ARMY.—The amount authorized to be appro- eign language skills among participants in Olympic Committee; and priated by section 201(1) for research, devel- the Reserve Officers’ Training Corps) ‘‘(B) for which participation exceeds 100 opment, test, and evaluation for the Army is On page 92, after line 25, add the following: amateur athletes.’’. hereby increased by $1,000,000. SEC. 538. PROMOTION OF FOREIGN LANGUAGE (b) FUNDING AND LIMITATIONS.—Such sec- (b) AVAILABILITY OF AMOUNT.—Of the SKILLS AMONG MEMBERS OF THE tion is further amended— amount authorized to be appropriated by RESERVE OFFICERS’ TRAINING CORPS. (1) by redesignating subsections (d), (e), section 201(1) for research, development, test, and (f) as subsections (e), (f), and (g), respec- and evaluation for the Army, as increased by (a) IN GENERAL.—The Secretary of Defense shall support the acquisition of foreign lan- tively; and subsection (a), $1,000,000 may be available for (2) by inserting after subsection (c) the fol- Weapons and Ammunition Technology guage skills among cadets and midshipmen in the Reserve Officers’ Training Corps, in- lowing new subsection: (PE#602624A) for Warhead/Grenade Scientific ‘‘(d) FUNDING FOR SUPPORT OF CERTAIN cluding through the development and imple- Based Manufacturing Technology. EVENTS.—(1) Funds to provide support for a (c) OFFSET.—The amount authorized to be mentation of— sporting event described in paragraph (4) or appropriated by section 301(4) for operation (1) incentives for cadets and midshipmen to (5) of subsection (c) shall be derived from the and maintenance, Air Force activities is participate in study of a foreign language, Support for International Sporting Competi- hereby reduced by $1,000,000. including special emphasis for Arabic, Chi- tions, Defense account established by section nese, and other ‘‘strategic languages’’, as de- AMENDMENT NO. 2485 5802 of Public Law 104–208 (110 Stat. 3009–522), fined by the Secretary of Defense in con- notwithstanding any limitation in such sec- (Purpose: To establish the National Foreign sultation with other relevant agencies; and Language Coordination Council to develop tion relating to the availability of funds in (2) a recruiting strategy to target foreign such account for support of international and implement a foreign language strat- language speakers, including members of egy) sporting competitions. heritage communities, to participate in the ‘‘(2) The total amount that may be ex- (The amendment is printed in today’s Reserve Officers’ Training Corps. pended in any fiscal year to provide support RECORD under ‘‘Text of Amendments.’’) (b) REPORT REQUIRED.—Not later than 180 for a sporting event described in paragraph days after the date of the enactment of this (5) of subsection (c) may not exceed AMENDMENT NO. 2486 Act, the Secretary shall submit to the con- $1,000,000.’’. (Purpose: To provide, with an offset, an addi- gressional defense committees a report on AMENDMENT NO. 2491 tional $16,000,000 for Operation and Mainte- the actions taken to carry out this section. nance, Army, for the Point of Mainte- (Purpose: To delay until September 30, 2007, AMENDMENT NO. 2489 nance/Arsenal/Depot AIT Initiative) the limitation on the procurement by the Department of Defense of systems that are At the end of subtitle C of title III, add the (Purpose: To make available, with an offset, not equipped with the Global Positioning following: $3,000,000 for Research, Development, Test, and Evaluation, Air Force, for assurance System) SEC. 330. POINT OF MAINTENANCE/ARSENAL/ for the Field Programmable Gate Array) At the end of subtitle E of title II, add the DEPOT AIT INITIATIVE. following: (a) ADDITIONAL AMOUNT FOR OPERATION AND At the end of subtitle B of title II, add the SEC. 244. DELAYED EFFECTIVE DATE FOR LIMI- MAINTENANCE, ARMY.—The amount author- following: TATION ON PROCUREMENT OF SYS- SEC. 213. FIELD PROGRAMMABLE GATE ARRAY. ized to be appropriated by section 301(1) for TEMS NOT GPS-EQUIPPED. operation and maintenance for the Army is (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- (a) DELAYED EFFECTIVE DATE.—Section hereby increased by $10,000,000. VELOPMENT, TEST, AND EVALUATION, AIR 152(b) of the National Defense Authorization (b) AVAILABILITY OF AMOUNT.—Of the FORCE.—The amount authorized to be appro- Act for Fiscal Year 1994 (Public Law 103–160; amount authorized to be appropriated by priated by section 201(3) for research, devel- 107 Stat. 1578), as amended by section 218(e) section 301(1) for operation and maintenance opment, test, and evaluation for the Air of the Strom Thurmond National Defense for the Army, as increased by subsection (a), Force is hereby increased by $3,000,000. Authorization Act for Fiscal Year 1999 (Pub- $16,000,000 may be available for the Point of (b) AVAILABILITY OF AMOUNT.—Of the lic Law 105–261; 112 Stat. 1952; 10 U.S.C. 2281 Maintenance/Arsenal/Depot AIT (AD–AIT) amount authorized to be appropriated by note), is further amended by striking ‘‘2005’’ Initiative. section 201(3) for research, development, test, and inserting ‘‘2007’’. (c) OFFSET.—The amount authorized to be and evaluation for the Air Force, as in- (b) RATIFICATION OF ACTIONS.—Any obliga- appropriated by section 301(4) is hereby re- creased by subsection (a), $3,000,000 may be tion or expenditure of funds by the Depart- duced by $10,000,000, with the amount of the available for Space Technology (PE # ment of Defense during the period beginning

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on October 1, 2005, and ending on the date of AMENDMENT NO. 2494 AMENDMENT NO. 2495 the enactment of this Act to modify or pro- (Purpose: To provide an education loan re- (Purpose: To modify and improve the cure a Department of Defense aircraft, ship, payment program for chaplains in the Se- National Call to Service program) armored vehicle, or indirect-fire weapon sys- lected Reserve) At the end of subtitle F of title V, add the tem that is not equipped with a Global Posi- At the end of subtitle E of title VI, add the following: tioning System receiver is hereby ratified. following: SEC. 573. NATIONAL CALL TO SERVICE PROGRAM. AMENDMENT NO. 2492 SEC. 653. EDUCATION LOAN REPAYMENT PRO- (a) LIMITATION TO DOMESTIC NATIONAL (Purpose: To make available, with an offset, GRAM FOR CHAPLAINS IN THE SE- SERVICE PROGRAMS.—Subsection (c)(3)(D) of additional amounts for defense basic re- LECTED RESERVE. section 510 of title 10, United States Code, is (a) IN GENERAL.—Chapter 1609 of title 10, search programs) amended by striking ‘‘in the Peace Corps, United States Code, is amended by adding at Americorps, or another national service pro- At the end of subtitle B of title II, add the the end the following new section: following: gram’’ and inserting ‘‘in Americorps or an- ‘‘§ 16303. Education loan repayment program: SEC. 213. DEFENSE BASIC RESEARCH PROGRAMS. other domestic national service program’’. chaplains serving in the Selected Reserve (b) ADMINISTRATION OF EDUCATION INCEN- (a) ARMY PROGRAMS.—(1) The amount au- ‘‘(a) AUTHORITY TO REPAY EDUCATION TIVES BY SECRETARY OF VETERANS AFFAIRS.— thorized to be appropriated by section 201(1) LOANS.—Under regulations prescribed by the Paragraph (2) of subsection (h) of such sec- for research, development, test, and evalua- Secretary of Defense and subject to the pro- tion is amended to read as follows: tion for the Army is hereby increased by visions of this section, the Secretary con- ‘‘(2)(A) Educational assistance under para- $10,000,000. cerned may, for purposes of maintaining ade- graphs (3) or (4) of subsection (e) shall be pro- (2) Of the amount authorized to be appro- quate numbers of chaplains in the Selected vided through the Department of Veterans priated by section 201(1) for research, devel- Reserve, repay a loan that— Affairs under an agreement to be entered opment, test, and evaluation for the Army, ‘‘(1) was used by a person described in sub- into by the Secretary of Defense and the Sec- as increased by paragraph (1), $10,000,000 may section (b) to finance education resulting in retary of Veterans Affairs. The agreements be available for Program Element 0601103A a Masters of Divinity degree; and shall include administrative procedures to for University Research Initiatives. ‘‘(2) was obtained from an accredited theo- ensure the prompt and timely transfer of (b) NAVY PROGRAMS.—(1) The amount au- logical seminary as listed in the Association funds from the Secretary concerned to the thorized to be appropriated by section 201(2) of Theological Schools (ATS) handbook. Secretary of Veterans Affairs for the making for research, development, test, and evalua- ‘‘(b) ELIGIBLE PERSONS.—(1) Except as pro- of payments under this section. tion for the Navy is hereby increased by vided in paragraph (2), a person described in ‘‘(B) Except as otherwise provided in this $5,000,000. this subsection is a person who— section, the provisions of sections 503, 511, (2) Of the amount authorized to be appro- ‘‘(A) satisfies the requirements specified in 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of priated by section 201(2) for research, devel- subsection (c); title 38 and the provisions of subchapters I opment, test, and evaluation for the Navy, as ‘‘(B) holds, or is fully qualified for, an ap- and II of chapter 36 of such title (with the ex- increased by paragraph (1), $5,000,000 may be pointment as a chaplain in a reserve compo- ception of sections 3686(a), 3687, and 3692) available for Program Element 0601103N for nent of an armed force; and shall be applicable to the provision of edu- University Research Initiatives. ‘‘(C) signs a written agreement to serve not cational assistance under this chapter. The (c) AIR FORCE PROGRAMS.—(1) The amount less than three years in the Selected Re- term ‘eligible veteran’ and the term ‘person’, authorized to be appropriated by section serve. as used in those provisions, shall be deemed 201(3) for research, development, test, and ‘‘(2) A person accessioned into the Chaplain for the purpose of the application of those evaluation for the Air Force is hereby in- Candidate Program is not eligible for the re- provisions to this section to refer to a person creased by $10,000,000. payment of loans under subsection (a). eligible for educational assistance under (2) Of the amount authorized to be appro- ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE- paragraph (3) or (4) of subsection (e).’’. priated by section 201(3) for research, devel- MENTS.—The requirements specified in this AMENDMENT NO. 2496 opment, test, and evaluation for the Air subsection are such requirements for Force, as increased by paragraph (1), accessioning and commissioning of chaplains (Purpose: To provide for the policy of the De- $10,000,000 may be available for Program Ele- as are prescribed by the Secretary concerned partment of Defense on the recruitment ment 0601103F for University Research Ini- in regulations. and enlistment of home schooled individ- tiatives. ‘‘(d) LOAN REPAYMENT.—(1) Subject to uals in the Armed Forces) (d) DEFENSE-WIDE ACTIVITIES.—(1) The paragraph (2), the repayment of a loan under At the end of subtitle B of title V, add the amount authorized to be appropriated by this section may consist of payment of the following: section 201(4) for research, development, test, principal, interest, and related expenses of SEC. 522. RECRUITMENT AND ENLISTMENT OF and evaluation for Defense-wide activities is such loan. HOME SCHOOLED STUDENTS IN THE hereby increased by $15,000,000. ‘‘(2) The amount of any repayment of a ARMED FORCES. (2) Of the amount authorized to be appro- loan made under this section on behalf of a (a) POLICY ON RECRUITMENT AND ENLIST- priated by section 201(4) for research, devel- person may not exceed $20,000 for each three MENT.— opment, test, and evaluation for Defense- year period of obligated service that the per- (1) POLICY REQUIRED.—The Secretary of De- wide activities, as increased by paragraph son agrees to serve in an agreement de- fense shall prescribe a policy on the recruit- (1)— scribed in subsection (b)(3). Of such amount, ment and enlistment of home schooled stu- (A) $10,000,000 may be available for Pro- not more than an amount equal to 50 percent dents in the Armed Forces. gram Element 0601120D8Z for the SMART of such amount may be paid before the com- (2) UNIFORMITY ACROSS THE ARMED National Defense Education Program; and pletion by the person of the first year of obli- FORCES.—The Secretary shall ensure that the (B) $5,000,000 may be available for Program gated service pursuant to such agreement. policy prescribed under paragraph (1) ap- Element 0601101E for the Defense Advanced The balance of such amount shall be payable plies, to the extent practicable, uniformly Research Projects Agency University Re- at such time or times as are prescribed by across the Armed Forces. search Program in Computer Science and the Secretary concerned in regulations. (b) ELEMENTS.—The policy under sub- Cybersecurity. ‘‘(e) EFFECT OF FAILURE TO COMPLETE OBLI- section (a) shall include the following: (e) OFFSETS.—(1) The amount authorized to GATION.—A person on behalf of whom repay- (1) An identification of a graduate of home be appropriated by section 301(c), Operation ment of a loan is made under this section schooling for purposes of recruitment and and Maintenance, Navy, is hereby reduced by who fails, during the period of obligated enlistment in the Armed Forces that is in $40,000,000. service the person agrees to serve in an accordance with the requirements described agreement described in subsection (b)(3), to in subsection (c). AMENDMENT NO. 2493 serve satisfactorily in the Selected Reserve (2) Provision for the treatment of grad- (Purpose: To improve the provision relating may, at the election of the Secretary con- uates of home schooling with no practical to clarification of authority of military cerned, be required to pay the United States limit with regard to enlistment eligibility. legal assistance counsel) an amount equal to any amount of repay- (3) An exemption of graduates of home On page 96, strike lines 19 and 20 and insert ments made on behalf of the person in con- schooling from the requirement for a sec- the following: nection with the agreement.’’. ondary school diploma or an equivalent ‘‘(2) Military legal assistance may be pro- (b) CLERICAL AMENDMENT.—The table of (GED) as a precondition for enlistment in vided only by a judge advocate or a civilian sections at the beginning of chapter 1609 of the Armed Forces. attorney who is a member of the bar of a such title is amended by adding at the end (c) HOME SCHOOL GRADUATES.—In pre- Federal court or of the highest court of a the following new item: scribing the policy, the Secretary of Defense State. ‘‘16303. Education loan repayment program: shall prescribe a single set of criteria to be ‘‘(3) In this subsection, the term ‘military chaplains serving in the Se- utilized by the Armed Forces in determining legal assistance’ includes— lected Reserve.’’. whether an individual is a graduate of home

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schooling. The Secretary concerned shall en- AMENDMENT NO. 2501 uge’’, dated July 25, 2005, and available for sure compliance with education credential At the appropriate place, insert the fol- inspection in appropriate offices of the coding requirements. lowing: United States Fish and Wildlife Service and (d) SECRETARY CONCERNED DEFINED.—In (a) FINDINGS.— the Department of Energy. this section, the term ‘‘Secretary concerned’’ (1) According to the Department of State, (4) NATURAL RESOURCE DAMAGE LIABILITY has the meaning given such term in section drug trafficking organizations shipped ap- CLAIM.—The term ‘‘natural resource damage 101(a)(9) of title 10, United States Code. proximately nine tons of cocaine to the liability claim’’ means a natural resource AMENDMENT NO. 2497 United States through the Dominican Re- damage liability claim under subsections (Purpose: To make available, with an offset, public in 2004, and are increasingly using (a)(4)(C) and (f) of section 107 of the Com- $10,000,000 for Project Sheriff) small, high-speed watercraft. prehensive Environmental Response, Com- pensation, and Liability Act of 1980 (42 At the end of subtitle B of title II, add the (2) Drug traffickers use the Caribbean cor- U.S.C. 9607) arising from hazardous sub- following: ridor to smuggle narcotics to the United States via Puerto Rico and the Dominican stances releases at or from Rocky Flats that, SEC. 213. PROJECT SHERIFF. Republic. This route is ideal for drug traf- as of the date of enactment of this Act, are (a) AVAILABILITY OF AMOUNT.—Of the ficking because of its geographic expanse, identified in the administrative record for amount authorized to be appropriated by numerous law enforcement jurisdictions and Rocky Flats required by the National Oil section 201(4) for research, development, test, fragmented investigative efforts. and Hazardous Substances Pollution Contin- and evaluation for Defense-wide activities, (3) The tethered aerostat system in Lajas, gency Plan prepared under section 105 of the amount available for the Force Trans- Puerto Rico contributes to deterring and de- that Act (42 U.S.C. 9605). formation Directorate may be increased by tecting smugglers moving illicit drugs into (5) ROCKY FLATS.—The term ‘‘Rocky Flats’’ $10,000,000, with the amount of the increase Puerto Rico. The aerostat’s range and oper- means the Department of Energy facility in to be available for Project Sheriff. ational capabilities allow it to provide sur- the State of Colorado known as the ‘‘Rocky (b) OFFSET.—Of the amount authorized to veillance coverage of the eastern Caribbean Flats Environmental Technology Site’’. be appropriated by section 301(4) is hereby corridor and the strategic waterway between (6) SECRETARY.—The term ‘‘Secretary’’ reduced by $10,000,000. Puerto Rico and the Dominican Republic, means the Secretary of Energy. AMENDMENT NO. 2498 known as the Mona Passage. (7) TRUSTEES.—The term ‘‘Trustees’’ means (Purpose: To make available, with an offset, (4) Including maritime radar on the Lajas the Federal and State officials designated as an additional $5,000,000 for Research, De- aerostat will expand its ability to detect sus- trustees under section 107(f)(2) of the Com- velopment, Test, and Evaluation, Army, picious vessels in the eastern Caribbean cor- prehensive Environmental Response, Com- for Medium Tactical Vehicle Modifica- ridor. pensation, and Liability Act of 1980 (42 tions) (b) SENSE OF THE SENATE.—Given the above U.S.C. 9607(f)(2)). At the end of subtitle B of title II, add the findings, it is the Sense of the Senate that— (b) PURCHASE OF ESSENTIAL MINERAL following: (1) Congress and the Department of De- RIGHTS.— SEC. 213. MEDIUM TACTICAL VEHICLE MODIFICA- fense fully fund the Counter-Drug Tethered (1) IN GENERAL.—Not later than 1 year after TIONS. Aerostat program. the date of enactment of this Act, such (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- (2) Department of Defense install maritime amounts authorized to be appropriated under VELOPMENT, TEST, AND EVALUATION, ARMY.— radar on the Lajas, Puerto Rico aerostat. subsection (c) shall be available to the Sec- The amount authorized to be appropriated AMENDMENT NO. 2502 retary to purchase essential mineral rights by section 201(1) for Research, Development, (Purpose: To modify the designation of fa- at Rocky Flats. Test, and Evaluation for the Army, is hereby cilities and resources constituting the (2) CONDITIONS.—The Secretary shall not increased by $5,000,000. Major Range and Test Facility Base) purchase an essential mineral right under (b) AVAILABILITY OF AMOUNT.—Of the paragraph (1) unless— At the end of subtitle E of title II, add the amount authorized to be appropriated by (A) the owner of the essential mineral following: section 201(1) for Research, Development, right is a willing seller; and Test, and Evaluation for the Army, as in- SEC. 244. DESIGNATION OF FACILITIES AND RE- (B) the Secretary purchases the essential SOURCES CONSTITUTING THE mineral right for an amount that does not creased by subsection (a), $5,000,000 may be MAJOR RANGE AND TEST FACILITY available for Medium Tactical Vehicle Modi- BASE. exceed fair market value. fications. (a) DEPARTMENT OF DEFENSE TEST RE- (3) LIMITATION.—Only those funds author- (c) OFFSET.—The amount authorized to be SOURCE MANAGEMENT CENTER.—Section ized to be appropriated under subsection (c) appropriated by section 301(4) for Operation 196(h) of title 10, United States Code, is shall be available for the Secretary to pur- and Maintenance for the Air Force is hereby amended by striking ‘‘Director of Oper- chase essential mineral rights under para- reduced by $5,000,000. ational Test and Evaluation’’ and inserting graph (1). AMENDMENT NO. 2499 TO AMENDMENT NO. 1396 ‘‘Secretary of Defense’’. (4) RELEASE FROM LIABILITY.—Notwith- (Purpose: To make a technical correction) (b) INSTITUTIONAL FUNDING OF TEST AND standing any other law, any natural resource EVALUATION ACTIVITIES.—Section 232(b)(1) of damage liability claim shall be considered to On page 2, line 16, strike ‘‘$3,008,982,000’’ and be satisfied by— insert ‘‘$3,108,982,000’’. the Bob Stump National Defense Authoriza- tion Act for Fiscal Year 2003 (Public Law (A) the purchase by the Secretary of essen- AMENDMENT NO. 2500 107–314; 116 Stat. 2490) is amended by striking tial mineral rights under paragraph (1) for (Purpose: To extend by one year the date of ‘‘Director of Operational Test and Evalua- consideration in an amount equal to the final report of the advisory panel on tion’’ and inserting ‘‘Secretary of Defense’’. $10,000,000; laws and regulations on acquisition prac- (B) the payment by the Secretary to the AMENDMENT NO. 2503 tices and to require an interim report) Trustees of $10,000,000; or (Purpose: To authorize the Secretary of En- At the end of subtitle E of title VIII, add (C) the purchase by the Secretary of any ergy to purchase certain essential mineral the following: portion of the mineral rights under para- rights and resolve natural resource damage graph (1) for— SEC. 846. REPORTS OF ADVISORY PANEL ON liability claims) LAWS AND REGULATIONS ON ACQUI- (i) consideration in an amount less than SITION PRACTICES. On page 378, between lines 10 and 11, insert $10,000,000; and (a) EXTENSION OF FINAL REPORT.—Section the following: (ii) a payment by the Secretary to the 1423(d) of the Services Acquisition Reform SEC. 3114. ROCKY FLATS ENVIRONMENTAL TECH- Trustees of an amount equal to the dif- Act of 2003 (title XIV of Public Law 108–136; NOLOGY SITE. ference between— 117 Stat. 1669; 41 U.S.C. 405 note) is amended (a) DEFINITIONS.—In this section: (I) $10,000,000; and by striking ‘‘one year’’ and inserting ‘‘two (1) ESSENTIAL MINERAL RIGHT.—The term (II) the amount paid under clause (i). years’’. ‘‘essential mineral right’’ means a right to (5) USE OF FUNDS.— (b) REQUIREMENT FOR INTERIM REPORT.— mine sand and gravel at Rocky Flats, as de- (A) IN GENERAL.—Any amounts received That section is further amended— picted on the map. under paragraph (4) shall be used by the (1) by inserting ‘‘(1)’’ before ‘‘Not later (2) FAIR MARKET VALUE.—The term ‘‘fair Trustees for the purposes described in sec- than’’; and market value’’ means the value of an essen- tion 107(f)(1) of the Comprehensive Environ- (2) by adding at the end the following new tial mineral right, as determined by an ap- mental Response, Compensation, and Liabil- paragraph: praisal performed by an independent, cer- ity Act of 1980 (42 U.S.C. 9607(f)(1)), includ- ‘‘(2) Not later than one year after the date tified mineral appraiser under the Uniform ing— of the establishment of the panel, the panel Standards of Professional Appraisal Prac- (i) the purchase of additional mineral shall submit to the official and committees tice. rights at Rocky Flats; and referred to in paragraph (1) an interim report (3) MAP.—The term ‘‘map’’ means the map (ii) the development of habitat restoration on the matters set forth in that paragraph.’’. entitled ‘‘Rocky Flats National Wildlife Ref- projects at Rocky Flats.

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(B) CONDITION.—Any expenditure of funds (c) FUNDING.—Of the amounts authorized and evaluation on areas of mutual interest under this paragraph shall be made jointly to be appropriated to the Secretary for the to the Department and the Administration. by the Trustees. Rocky Flats Environmental Technology Site (b) AREAS COVERED.—The areas of mutual (C) ADDITIONAL FUNDS.—The Trustees may for fiscal year 2006, $10,000,000 may be made interest to the Department of Defense and use the funds received under paragraph (4) in available to the Secretary for the purposes the National Aeronautics and Space Admin- conjunction with other private and public described in subsection (b). istration referred to in subsection (a) may funds. AMENDMENT NO. 2504 include, but not be limited to, areas relating (6) EXEMPTION FROM NATIONAL ENVIRON- to the following: (Purpose: To authorize, with an offset, an ad- MENTAL POLICY ACT.—Any purchases of min- (1) Aeronautics research. ditional $4,000,000 for research, develop- eral rights under this subsection shall be ex- (2) Facilities, personnel, and support infra- ment, test, and evaluation for the Air empt from the National Environmental Pol- structure. Force for Aging Military Aircraft Fleet icy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Propulsion and power technologies. Support) (7) ROCKY FLATS NATIONAL WILDLIFE REF- (4) Space access and operations. UGE.— At the end of subtitle B of title II, add the Mr. WARNER. Mr. President, I ask following: (A) TRANSFER OF MANAGEMENT RESPON- unanimous consent that time until SEC. 213. AGING MILITARY AIRCRAFT FLEET SUP- SIBILITIES.—The Rocky Flats National Wild- 11:30 a.m. tomorrow be equally divided life Refuge Act of 2001 (16 U.S.C. 668dd note; PORT. Public Law 107–107) is amended— (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- in the usual form, and that at 11:30 the (i) in section 3175— VELOPMENT, TEST, AND EVALUATION FOR THE Senate proceed to a vote in relation to (I) by striking subsections (b) and (f); and AIR FORCE.—The amount authorized to be the Dorgan amendment No. 2476, to be (II) by redesignating subsections (c), (d), appropriated by section 201(3) for research, followed by a vote in relation to the and (e) as subsections (b), (c), and (d), respec- development, test, and evaluation for the Air Talent amendment No. 2477, with no tively; and Force is hereby increased by $4,000,000. second degrees in order to those (ii) in section 3176(a)(1), by striking ‘‘sec- (b) AVAILABILITY OF AMOUNT.—Of the amendments prior to the votes; fur- amount authorized to be appropriated by tion 3175(d)’’ and inserting ‘‘section 3175(c)’’. ther, that there be 3 minutes equally (B) BOUNDARIES.—Section 3177 of the section 201(3) for research, development, test, Rocky Flats National Wildlife Refuge Act of and evaluation for the Air Force, as in- divided between the votes. 2001 (16 U.S.C. 668dd note; Public Law 107–107) creased by subsection (a), $4,000,000 may be Mr. LEVIN. No objection. is amended by striking subsection (c) and in- available for Program Element #63112F for The PRESIDING OFFICER. Without serting the following: Aging Military Aircraft Fleet Support. objection, it is so ordered. ‘‘(c) COMPOSITION.— (c) OFFSET.—The amount authorized to be Mr. BYRD. Mr. President, the Senate ‘‘(1) IN GENERAL.—Except as provided in appropriated by section 301(4) for operation will soon vote to approve the fiscal paragraph (2), the refuge shall consist of land and maintenance for Air Force activities is year 2006 Defense authorization bill. within the boundaries of Rocky Flats, as de- hereby reduced by $4,000,000. The passage of this legislation is im- picted on the map— AMENDMENT NO. 2505 portant to all Americans who are now ‘‘(A) entitled ‘Rocky Flats National Wild- (Purpose: To make United States nationals life Refuge’; serving in the U.S. Armed Forces, but eligible for appointment to the Senior Re- ‘‘(B) dated July 25, 2005; and especially to those who are serving in serve Officers’ Training Corps) ‘‘(C) available for inspection in the appro- harm’s way. priate offices of the United States Fish and At the end of subtitle C of title V, add the Our troops in Iraq and Afghanistan Wildlife Service and the Department of En- following: require all the support that our Nation ergy. SEC. 537. ELIGIBILITY OF UNITED STATES NA- can give them until the day that they ‘‘(2) EXCLUSIONS.—The refuge does not in- TIONALS FOR APPOINTMENT TO THE can return to their homes. Our mili- clude— SENIOR RESERVE OFFICERS’ TRAIN- ING CORPS. tary prides itself in being the most ca- ‘‘(A) any land retained by the Department (a) IN GENERAL.—Section 2107(b)(1) of title of Energy for response actions under section pable and the best trained fighting 10, United States Code, is amended by insert- 3175(c); force in the entire world. The Constitu- ‘‘(B) any land depicted on the map de- ing ‘‘or national’’ after ‘‘citizen’’. tion places in Congress the responsi- (b) ARMY RESERVE OFFICERS TRAINING PRO- scribed in paragraph (1) that is subject to 1 bility to ‘‘raise and support armies’’ GRAMS.—Section 2107a(b)(1) of such title is or more essential mineral rights described in and to ‘‘provide and maintain a navy.’’ amended by inserting ‘‘or national’’ after section 3114(a) of the National Defense Au- It is therefore of the greatest impor- thorization Act for Fiscal Year 2006 over ‘‘citizen’’. (c) ELIGIBILITY FOR APPOINTMENT AS COM- tance that Congress provide our troops which the Secretary shall retain jurisdiction MISSIONED OFFICERS.—Section 532(f) of such with the equipment that they need for of the surface estate until the essential min- eral rights— title is amended by inserting ‘‘, or for a their dangerous missions. ‘‘(i) are purchased under subsection (b) of United States national otherwise eligible for The wars that continue in Iraq and that Act; or appointment as a cadet or midshipman under Afghanistan are unlike the conflicts ‘‘(ii) are mined and reclaimed by the min- section 2107(a) of this title or as a cadet that the United States has fought in eral rights holders in accordance with re- under section 2107a of this title,’’ after ‘‘for the past two decades. In the first Per- quirements established by the State of Colo- permanent residence’’. sian Gulf War or Kosovo, our military rado; and AMENDMENT NO. 2506 depended on high-tech aircraft and ‘‘(C) the land depicted on the map de- (Purpose: To require a report on cooperation smart bombs to quickly overwhelm our scribed in paragraph (1) on which essential between the Department of Defense and enemies. Today, in Iraq, our awesome mineral rights are being actively mined as of the National Aeronautics and Space Ad- the date of enactment of the National De- ministration on research, development, airpower is of limited use. The wars in fense Authorization Act for Fiscal Year 2006 test, and evaluation activities) Iraq and Afghanistan are, by and large, until— At the end of subtitle E of title II, add the the wars of the soldier and the marine. ‘‘(i) the essential mineral rights are pur- following: These are the wars of the foot soldier, chased; or carried out in the hostile streets of for- ‘‘(ii) the surface estate is reclaimed by the SEC. 244. REPORT ON COOPERATION BETWEEN THE DEPARTMENT OF DEFENSE AND eign cities. These troops do not enjoy mineral rights holder in accordance with re- THE NATIONAL AERONAUTICS AND the near-invulnerability of stealth air- quirements established by the State of Colo- SPACE ADMINISTRATION ON RE- rado. SEARCH, DEVELOPMENT, TEST, AND craft or cruise missiles. Our troops do ‘‘(3) ACQUISITION OF ADDITIONAL LAND.— EVALUATION ACTIVITIES. not see the enemy as a blip on a radar Notwithstanding paragraph (2), upon the (a) REPORT REQUIRED.—Not later than 180 screen, because often the enemy is seen purchase of the mineral rights or reclama- days after the date of the enactment of this eye to eye. tion of the land depicted on the map de- Act, the Secretary of Defense and the Ad- With this being the reality of urban scribed in paragraph (1), the Secretary ministrator of the National Aeronautics and warfare, there must be a new focus on shall— Space Administration shall jointly submit to providing our ground troops with the ‘‘(A) transfer the land to the Secretary of Congress a report setting forth the rec- equipment that they need to fight and the Interior for inclusion in the refuge; and ommendations of the Secretary and the Ad- ‘‘(B) the Secretary of the Interior shall— ministrator regarding cooperative activities survive in the urban combat environ- ‘‘(i) accept the transfer of the land; and between the Department of Defense and the ment. The Defense authorization bill ‘‘(ii) manage the land as part of the ref- National Aeronautics and Space Administra- reported by the Armed Services Com- uge.’’. tion related to research, development, test, mittee makes steps in this direction. It

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25527 authorizes $1.4 billion in spending to allow our soldiers to dominate the bat- tion Services Act, VETS Act, which protect our troops serving overseas. tlefield in urban environments. The De- would help to ensure that all military This figure includes $500 million to de- partment of Defense should place these personnel have access to the same tect and destroy roadside bombs, $344 efforts on the top of its priorities: we transition services as they prepare to million for up-armored HMMWVs, and should not wait for the next war to leave the military to reenter civilian $118 million for body armor. give our troops the advantage of new, life, or, in the case of members of the But more must be done to provide high-tech weapons. Instead, the Pen- National Guard and Reserve, as they our troops with the next generation of tagon and Congress should make every prepare to demobilize from active-duty weapons that will help our troops pre- effort to arm our troops with the next assignments and return to their civil- vail in ground combat. More needs to generation of technology, today. For so ian lives and jobs or education while be done to apply the technology that long as our troops are serving in remaining in the military. allows our military to dominate the air harm’s way, we must give them not I have heard from a number of Wis- and the seas to build a new generation only the armor and protection, but also consinites and members of military of weapons that will allow our troops the weapons, that they need to ensure and veterans service organizations that to dominate the ground. One such tech- that they will come home safely. our men and women in uniform do not nology that deserves investigation is Mr. FEINGOLD. Mr. President, last all have access to the same transition the SPIKE missile system currently night the Senate passed an amendment counseling and medical services as being developed by the Navy. The that I offered to this bill that rep- they are demobilizing from service in SPIKE missile is designed to be a low- resents another step toward enhancing Iraq, Afghanistan, and elsewhere. I cost, lightweight, precision-guided and strengthening transition services have long been concerned about reports rocket that would allow our troops to that are provided to our military per- of uneven provision of services from accurately engage enemies at great sonnel and builds upon an amendment base to base and from service to serv- range. If this technology is successful, that I offered to this bill last year. I ice. All of our men and women in uni- it could provide our ground troops with want to thank the chairman and the form have pledged to serve our coun- the same sort of revolutionary advan- ranking member of the Armed Services try, and all of them, at the very least, deserve to have access to the same tage that precision-guided munitions Committee for working with me to ac- services in return. provided to our advanced aircraft a cept this amendment. As the Senate conducts its business I am pleased that the VETS Act is decade ago. supported by a wide range of groups There are also emerging opportuni- today, thousands of our brave men and that are dedicated to serving our men ties for the use of unmanned aerial ve- women in uniform are in harm’s way in and women in uniform and veterans hicles to support the warfighter on the Iraq, Afghanistan, and elsewhere and their families. These groups in- ground. While important UAVs like around the globe. These men and women serve with distinction and clude: the American Legion; the En- Global Hawk provide intelligence honor, and we owe them our heartfelt listed Association of the National about what is going on in large sec- gratitude. Guard of the United States; the Na- tions of a country, our ground troops We also owe them our best effort to tional Coalition for Homeless Veterans; often need to know what is happening ensure that they receive the benefits to the Paralyzed Veterans of America; the on the other side of a hill. Smaller which their service in our Armed Reserve Officers Association; the Vet- UAVs can provide our troops with a de- Forces has entitled them. I have heard erans of Foreign Wars; the Wisconsin cisive advantage in urban environ- time and again from military per- Department of Veterans Affairs; the ments. Important projects like sonnel and veterans who are frustrated Wisconsin National Guard; the Amer- SWARM, being developed by Augusta with the system by which they apply ican Legion, Department of Wisconsin; Systems in Morgantown, are exploring for benefits or appeal claims for bene- Disabled American Veterans, Depart- ways to allow small UAVs to work to- fits. I have long been concerned that ment of Wisconsin; the Wisconsin Para- gether to seek out our enemies on the tens of thousands of our veterans are lyzed Veterans of America; the Vet- battlefield, eliminating the chance unaware of Federal health care and erans of Foreign Wars, Department of that our troops could be taken by sur- other benefits for which they may be Wisconsin; and the Wisconsin State prise. The next step is to use small eligible, and I have undertaken numer- Council, Vietnam Veterans of America. UAVs as ways to strike first, before our ous legislative and oversight efforts to I introduced similar legislation dur- ground troops come into the range of ensure that the Department of Vet- ing the 108th Congress, and I am our enemy’s weapons. Our military is erans Affairs makes outreach to our pleased that a provision that I au- only beginning to tap the growing po- veterans and their families a priority. thored which was based on that bill tential of UAV technology to support While we should do more to support was enacted as part of the fiscal year our troops on the ground. our veterans, we must also ensure that 2005 Defense authorization bill. The Department of Defense is cur- the men and women who are currently In response to concerns I have heard rently engaged in the Quadrennial De- serving in our Armed Forces receive from a number of my constituents, my fense Review, a top-to-bottom study of adequate pay and benefits, as well as amendment, in part, directed the Sec- our military strategy, posture, and services that help them to make the retaries of Defense and Labor to jointly equipment that will guide this Nation’s transition from active duty to civilian explore ways in which DoD training defense research and development and life. I am concerned that we are not and certification standards could be co- procurement policies for the next 4 doing enough to support our men and ordinated with Government and pri- years. With this review underway, it is women in uniform as they prepare to vate sector training and certification an ideal opportunity to place a new retire or otherwise separate from the standards for corresponding civilian oc- emphasis on bringing cutting-edge service or, in the case of members of cupations. The Secretaries of Defense technology to our troops on the ground our National Guard and Reserve, to de- and Labor submitted their report, in Iraq and Afghanistan. I urge the mobilize from active-duty assignments ‘‘Study on Coordination of Job Train- Secretary of Defense, the Chairman of and return to their civilian lives while ing Standards with Certification the Joint Chiefs of Staff, and the other staying in the military or preparing to Standards for Military Occupational Pentagon officials who are carrying separate from the military. We must Specialties,’’ in September of this year. out this study to broaden their view of ensure that their service and sacrifice, It is my hope that this report will what our troops require. which is much lauded during times of serve as a useful tool as the Depart- The QDR should propose new tech- conflict, is not forgotten once the bat- ments seek to help military personnel nologies to protect our troops from the tles have ended and our troops have who wish to pursue civilian employ- threats that they face in combat, and come home. ment related to their military special- it should also accelerate the develop- Earlier this year I introduced legisla- ties to make the transition from the ment of new weapons systems that tion, the Veterans Enhanced Transi- military to comparable civilian jobs.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25528 CONGRESSIONAL RECORD—SENATE November 9, 2005 In addition, this amendment required bers may not receive all the informa- concerned about the immediate and the Government Accountability Office, tion on possible benefits to which they long-term health effects that military GAO, to undertake a comprehensive are entitled. Notably, certain edu- deployments have on our men and analysis of existing transition services cation benefits and medical coverage women in uniform. I regret that, too for our military personnel that are ad- require servicemembers to apply while often, the burden of responsibility for ministered by the Departments of De- they are still on active duty. However, proving that a condition is related to fense, Veterans Affairs, and Labor, and even after being briefed, some Reserve military service falls on the personnel to make recommendations to Congress and National Guard members were not themselves. Our men and women in on how these programs can be im- aware of the timeframes within which uniform deserve the benefit of the proved. My amendment required GAO the needed to act to secure certain ben- doubt, and should not have to fight the to focus on two issues: how to achieve efits before returning home. In addi- Department of Defense or the VA for the uniform provision of appropriate tion, most members of the Reserves benefits that they have earned through transition services to all military per- and National Guard did not have the their service to our Nation. sonnel, and the role of post-deployment opportunity to attend an employment Since coming to the Senate in 1993, I and predischarge health assessments as workshop during demobilization.’’ have worked to focus attention on the part of the larger transition program. In response to these findings, GAO health effects that are being experi- GAO released its study ‘‘Military and recommended that ‘‘DoD, in conjunc- enced by military personnel who served Veterans’ Benefits: Enhanced Services tion with DoL and the VA, determine in the Persian Gulf war. More than 10 Could Improve Transition Assistance what demobilizing Reserve and Na- years after the end of the gulf war, we for Reserves and National Guard’’ in tional Guard members need to make a still don’t know why so many veterans May 2005, and it plans to release its smooth transition and explore options of that conflict are experiencing med- study on health assessments in the to enhance their participation in ical problems that have become known near future. TAP.’’ GAO also recommended that as gulf war illness. Military personnel In July of this year, GAO provided ‘‘VA take steps to determine the level who are currently deployed to the Per- testimony on its transition services re- of participation in DTAP to ensure sian Gulf region face many of the same port to the House Committee on Vet- those who may have especially com- conditions that existed in the early erans Affairs Subcommittee on Eco- plex needs are being served.’’ 1990s. I have repeatedly pressed the De- nomic Opportunity. That hearing could In addition to ensuring that all dis- partments of Defense and Veterans Af- not have been more timely. We owe it charging and demobilizing military fairs to work to unlock the mystery of to our men and women in uniform to personnel are able to participate in this illness and to study the role that improve transition programs now as we TAP/DTAP, we should take steps to exposure to depleted uranium may play continue to welcome home thousands improve the uniformity of services pro- in this condition. We owe it to these of military personnel who are serving vided to personnel by ensuring that personnel to find these answers, and to our country in Iraq, Afghanistan, and consistent transition briefings occur ensure that those who are currently elsewhere. I commend the Departments across the services and at all demobili- serving in the Persian Gulf region are of Defense, Veterans Affairs, and Labor zation/discharge locations. In its re- adequately protected from the many for the steps they have taken thus far port, GAO noted that ‘‘[t]he delivery of possible causes of gulf war illness. to improve these important programs. TAP may vary in terms of the amount Part of the process of protecting the We should not miss an opportunity to of personal attention participants re- health of our men and women in uni- help the men and women who are cur- ceive, the length of the components, form is to ensure that the Department rently serving our country, and I am and the instructional methods used.’’ of Defense carries out its responsibility pleased that the chairman and the We should make every effort to ensure to provide post-deployment physicals ranking member agreed to accept a that those who have put themselves in for military personnel. I am deeply number of provisions from my legisla- harm’s way on our behalf have access concerned about stories of personnel tion as an amendment to the fiscal to the same transition services no mat- who are experiencing long delays as year 2006 Defense authorization bill. ter their discharge/demobilization loca- they wait for their post-deployment Under current law, the Department tion or the branch of the Armed Forces physicals and who end up choosing not of Defense, together with the Depart- in which they serve. I look forward to to have these important physicals in ments of Veterans Affairs, VA, and reviewing the Department’s progress order to get home to their families Labor, provide preseparation coun- on GAO’s recommendations in this that much sooner. I am equally con- seling for military personnel who are area. cerned about reports that some per- preparing to leave the Armed Forces In order to improve the breadth of in- sonnel who did not receive such a phys- through the Transition Assistance Pro- formation provided to Members during ical—either by their own choice or be- gram/Disabled Transition Assistance TAP/DTAP, my amendment would re- cause such a physical was not avail- Program, TAP/DTAP. This counseling quire preseparation counseling pro- able—are now having trouble as they provides servicemembers with valuable grams to include the provision of infor- apply for benefits for a service-con- information about benefits that they mation regarding certification and li- nected condition. have earned through their service to censing requirements in civilian occu- I firmly believe, as do the military our country such as education benefits pations and information on identifying and veterans groups that support my through the GI Bill and health care and military occupations that have civilian bill, that our men and women in uni- other benefits through the VA. Per- counterparts, information concerning form are entitled to a prompt, high sonnel also learn about programs such veterans small business ownership and quality physical examination as part of as Troops to Teachers and have access entrepreneurship programs offered by the demobilization process. These indi- to employment assistance for them- the Federal Government, information viduals have voluntarily put them- selves and, where appropriate, their concerning employment and reemploy- selves into harm’s way for our benefit. spouses. ment rights and veterans preference in We should ensure that the Department My amendment would ensure that Federal employment and Federal pro- of Defense makes every effort to deter- National Guard and Reserve personnel curement opportunities, information mine whether they have experienced, who are on active duty for at least 180 concerning housing counseling assist- or could experience, any health effects days are able to participate in this im- ance, and a description of the health as a result of their service. Thus I am portant counseling prior to being de- care and other benefits to which the pleased that the fiscal year 2005 defense mobilized. In its recent report on tran- member may be entitled through the authorization bill included a provision sition services, GAO found that Department of Veterans Affairs. to tighten the requirement for a pre- ‘‘[d]uring their rapid demobilization, In addition to the uneven provision discharge/post-demobilization health the Reserve and National Guard mem- of transition services, I have long been assessment.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25529 It is vitally important that these as- ed that the services were in the process transferring major portions of our cir- sessments include a mental health of implementing a program that would cuit board, semiconductor, machine component. Our men and women in include a ‘‘screening procedure with a tool, and weapon system metal casting uniform serve in difficult cir- questionnaire and a face-to-face inter- manufacturing to China and other na- cumstances far from home, and too action at about three months’’ post-de- tions because of lower wage and lower many of them witness or experience vi- ployment. He also noted that the idea production costs. Without productivity olence and horrific situations that for this program came from ‘‘front line breakthroughs, the U.S. defense manu- most of us cannot even begin to imag- people’’ and that he ‘‘asked them . . . facturing base will continue to erode. ine. I have heard concerns that these ‘do you think we should make it man- In the high-tech sector, manufac- brave men and women, many of whom datory?’ and the answer was: yes.’’ This turing needs and research and develop- are just out of high school or college sentiment makes it even more impor- ment needs are highly correlated. As a when they sign up, may suffer long- tant that the initial post-deployment result, research and development, term physical and mental fallout from mental health assessment be strength- R&D, centers are often located near their experiences and may feel reluc- ened and that it be mandatory as well manufacturing facilities. If we con- tant to seek counseling or other assist- so that health care professionals have a tinue to lose the manufacturing base, ance to deal with their experiences. benchmark against which to measure we may well lose over time critical re- Some Wisconsinites have told me the results of the followup screening search and development capabilities that they are concerned that the mul- process. I am pleased that the Pen- and damage our ability to innovate. And if we hurt both of those we may tiple deployments of our National tagon has undertaken this effort, and I also lose our military technical leader- Guard and Reserve could lead to chron- believe that the provisions in Senator ship. This ultimately puts our ic post-traumatic stress disorder, LANDRIEU’s amendment and in my warfighters in harms way. Clearly, the PTSD, which could have its roots in an amendment will further enhance this Department of Defense (DOD) has a experience from a previous deployment process and help to ensure that we are huge stake in rebuilding the defense and which could come to the surface by properly caring for the mental health a triggering event that is experienced manufacturing base. of our men and women in uniform. The DOD needs advanced manufac- on a current deployment. The same is In addition, in order to ensure that turing technologies and processes to true for full-time military personnel all military personnel who are eligible achieve productivity breakthroughs to who have served in a variety of places for medical benefits from the VA learn drive down costs in mature defense over their careers. I am pleased that about and receive these benefits, my supply sectors. But it also needs ad- the Senate has already accepted an amendment would require that, as part vanced manufacturing techniques to amendment offered by the Senator of the demobilization process, assist- spark the next generation of advances from Louisiana, Ms. LANDRIEU, that ance be provided to eligible members in defense related technologies; tech- will require that personnel receive to enroll in the VA health care system. nologies that our warfighters deserve. mental health screenings prior to de- Finally, my amendment will require This legislation proposes four basic ployment into a combat zone, not later the Secretary of Defense, in consulta- things. than 30 days after return from such a tion with the Secretaries of Labor and One, it calls, in section 231, for a R&D deployment, and not later than 120 Veterans Affairs, to report to Congress effort focused on developing new ad- days after return from such a deploy- on the actions taken by those Depart- vanced manufacturing technology and ment. ments to ensure that the Transition information technology, IT, operating We can and should do more to ensure Assistance Program is functioning ef- models. The Under Secretary of De- that the mental health of our men and fectively to provide members with fense for Acquisition, Technology, and women in uniform is a top priority, and timely and comprehensive transition Logistics, acting through the Director that the stigma that is too often at- assistance. As part of the report, the of Defense Research and Engineering tached to seeking assistance is ended. Secretary will be required to include a and with other appropriate defense pro- One step in this process is to ensure review of transition assistance that has grams and agencies such as the Manu- that personnel who have symptoms of been/is being provided to members de- facturing Technology Program, the De- PTSD and related illnesses have access ployed as part of Operation Iraqi Free- fense Advanced Research Projects to appropriate clinical services, dom, Operation Enduring Freedom, in Agency, DARPA, and other defense re- through DoD, the VA, or a private sec- support of other contingency oper- search activities, is to undertake re- tor health care provider. To that end, ations, and members of the National search and development to develop my amendment would require that the Guard who were activated in support of critical manufacturing productivity health care professionals who are as- relief efforts following Hurricanes breakthrough approaches and the tech- sessing demobilizing military per- Katrina and Rita. I look forward to re- nologies and systems to support sonnel provide all personnel who may viewing this report. them—section 231(b)(1). These could in- need followup care for a physical or Again, I thank the chairman and the clude such breakthrough opportunity psychological condition with informa- ranking member for their assistance on areas as distributed and desktop manu- tion on appropriate resources through this important issue. facturing, quality inspection that is DoD or the VA and in the private sec- Mr. LIEBERMAN. Mr. President, I built into the production process, small tor that these personnel may use to ac- rise to bring my colleagues’ attention lot manufacturing that is as cost-effi- cess additional followup care if they so to a provision in sections 231–235 in the cient as mass production, use of revolu- choose. Defense authorization bill titled ‘‘High tionary materials and methods of fab- I commend the Assistant Secretary Performance Defense Manufacturing rication, and the ability to manufac- of Defense for Health Affairs for Technology Research and Develop- ture devices and machines at the issuing in March 2005 a memorandum ment.’’ nanoscale. Productivity breakthroughs to the Assistant Secretaries for the I introduced this legislation with my will ultimately help reduce weapon Army, Navy, and Air Force directing colleague Senator COLLINS to address systems costs and support surge capac- them to extend the Pentagon’s current erosion in our defense manufacturing ity. post-deployment health assessment base that threatens our national secu- The legislation also directs the Under process to include a reassessment of rity and ultimately our economy over- Secretary of the Defense for Acquisi- ‘‘global health with a specific emphasis all. We are running major deficits with tion, Technology, and Logistics to un- on mental health’’ to occur 3 to 6 China in defense critical manufac- dertake R&D to develop a new model, months post-deployment. At a hearing turing areas, such as computer hard- an extended production enterprise— of the Senate Armed Services Commit- ware—$25 billion—and electronics ma- section 231(b)(2)—using IT and new tee’s Personnel Subcommittee earlier chinery and parts—$23 billion—as U.S. business models, that integrates serv- this year, the Assistant Secretary stat- production drifts offshore. We are ices, design, and manufacturing stages,

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25530 CONGRESSIONAL RECORD—SENATE November 9, 2005 to achieve major new efficiencies and ufacturing procedures developed nologies. These centers can be shared cost savings. Included as part of this through the R&D and prototyping de- production facilities of the Federal research effort, the development of the scribed above. Results from the R&D Government and the private sector interoperable software for the extended on manufacturing technologies and that focus on production development production enterprise, and the cor- processes and on the extended produc- including the invention prototyping responding interoperability standards tion enterprise would be incorporated and engineering development stages. behind it should also be a focus work- into the new performance threshold For example, the Under Secretary of ing with the defense industries to de- which could become a new DOD acqui- Defense for Acquisition, Technology, velop the organizational model re- sition standard—section 232(c)—for pro- and Logistics could permit the partici- quired. curement. Similar to the quality fo- pation of State and local governments Two, the legislation directs DOD’s cused initiative, 6 Sigma, a program and could carry out a competition to Manufacturing Technology Program, aimed to improve process reproduc- determine the optimal private sector ManTech, to undertake technology ibility and reliability by eliminating participants in any manufacturing cen- transition including prototyping and defects and process output variation, ter. test beds—section 232(a) and (b)—for this new standard would be dissemi- Fourth, the legislation—section 233— new manufacturing processes and tech- nated into industry where similar effi- directs the Under Secretary of Defense nologies that emerge from this R&D ef- ciencies and productivity gains could for Acquisition, Technology, and Logis- fort. Collaboration established through be realized. In order to encourage full tics to identify and develop a strategy a memorandum of agreement—section adoption of the new manufacturing im- working with industry in a technology 232(a)(2)—between DDRE, ManTech, provements and processes, including a area beneficial to the military where a and other appropriate DOD organiza- new performance standard, incentives technology development roadmap and tions is needed to ensure an efficient for contractors in the defense manufac- strategy is needed to ensure the manu- transition of manufacturing tech- turing base to incorporate and utilize facturing technologies and processes nologies from the research stage de- the manufacturing enhancements are available to support this break- scribed above to ManTech, which will should subsequently be developed by through technology. Consideration undertake the development of proto- ManTech—section 232(d)(4). should be given to next generation types and testbeds—section 232(b). Third, it establishes mechanisms to technologies such as advanced micro- ManTech currently is funded at $237 efficiently disseminate technological manufacturing and nanomanufactur- million for fiscal year 2005, all of which developments to the broader defense ing, other emerging process tech- is directly tied to the near term needs manufacturing base—section 232(d)—in- nologies, model based enterprise, intel- of the Services. The Joint Defense cluding outreach through the Depart- ligent systems, enterprise integration Manufacturing Technology Panel, ment of Commerce’s Manufacturing and knowledge applications. A task which has coordination responsibility Partnership program, section 232(d)(2), force should be established, in coopera- for manufacturing research in DOD, an established program proven to be ef- tion with the private sector, to map a does not have funding independent of fective in assisting small and mid-sized cross-service strategy for fabrication the Services to initiate new efforts fo- American manufacturers, including nu- processes and technologies needed to cusing on longer term, higher risk, merous defense manufacturers and sup- support the roadmaps identified. higher payoff technologies and proc- pliers. It has traditionally focused on Importantly, this legislation not esses. Thus, the programs currently providing technical assistance in man- only would fund the needed research in underway at ManTech are short-term ufacturing operational efficiency and manufacturing technologies and proc- focused projects addressing immediate quality and is now evaluating addi- esses but provides the structure to needs. ManTech needs to balance the tional roles in providing tools and as- bring the technology to utilization, to current shorter term portfolio by in- sistance to promote innovation. DOD avoid the problem of leaving valuable cluding a focus on longer term, higher could use this existing mechanism to technology ‘‘on the shelf.’’ Addition- risk manufacturing processes and tech- help it reach its defense manufacturing ally, it initiates the development of a nology development that are industry base with these advances. long-term vision for the Department game changers and yield big effi- The Under Secretary of Defense for around manufacturing technologies ciencies and cost savings to DOD. Acquisition, Technology, and Logistics and processes needed for our military. Additionally, the Under Secretary of should also consider outreach through I would like to point out that this Defense for Acquisition, Technology, public-private partnerships—section legislation is based on the manufac- and Logistics should coordinate activi- 232(d)(1). Because the prototyping and turing recommendations from the Na- ties within ManTech—section engineering development stages are ex- tional Innovation Initiative report re- 232(b)(2)—with activities under the tremely expensive, collaborative facili- leased by the Council on Competitive- Small Business Innovation Research ties and testbeds—section 232(b)(1)— ness in December, a report supported Program, SBIR, and the Small Busi- should be established to severely re- by prominent business, academic, and ness Technology Transfer Program, duce the risk, cost, and time of devel- government leaders. STTR. Executive Order 13329, entitled opment for new technologies important Additionally, I received letters from ‘‘Encouraging Innovation in Manufac- for national defense. These centers two key manufacturing organizations turing,’’ requires all SBIR/STTR Pro- should also educate and train research- supporting this proposal, the Associa- grams to give priority to research pro- ers and employees to help assure tion for Manufacturing Technology, grams that help to advance innovation smooth production process implemen- AMT, and National Coalition for Ad- in manufacturing. ManTech could ben- tation. Such shared facilities, cost vanced Manufacturing, NACFAM, efit significantly from this work cur- shared with both large and small par- which stress the critical importance of rently underway. ticipating firms that are world-class passing this legislation. Working with industry, ManTech centers for production development, And lastly, I would like to reiterate should develop a new program to uti- could potentially solve a key DOD that this legislation is in line with the lize these new manufacturing improve- problem in technology transition. Executive order issued by President ments and processes in the defense Specifically, in implementing the Bush to encourage innovation in manu- manufacturing base—section 232(c). A prototype and testbed provisions, sec- facturing in Federal agencies, includ- key way for ManTech to achieve this tion 232(b), the Under Secretary of De- ing through SBIR and STTR to assist would be by collaboratively developing fense for Acquisition, Technology, and the private sector, especially small and issuing a new performance thresh- Logistics can consider establishing one businesses in manufacturing innova- old—a new benchmark system—to en- or more pilot manufacturing centers in tion efforts. sure ongoing quality and continuous manufacturing fields important to the This legislation will help move the focus on improved and innovative man- production of advanced defense tech- U.S. defense manufacturing base ahead

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25531 of global competition as well as pro- Mr. SESSIONS. Mr. President, when ess of transferring and redeveloping vide support for new technologies that the Senate was considering S. 1042, the base properties easier and faster. Sen- we are at risk of losing. The aim of this National Defense Authorization Act for ator SNOWE proposed to allow the prop- legislation is a first step in an overall fiscal year 2006, earlier this year, there erty to go directly to a local redevelop- effort needed to preserve our military was rather extensive debate over a $4 ment agent and avoid the current com- excellence and national security. million funding item called the Robust plicated and time consuming process. A Mr. MCCAIN. Mr. President, I want Nuclear Earth Penetrator, RNEP. This faster process means a quicker return to speak briefly in favor of a provision item was a feasibility study to be con- to economic vitality, and I support in the Department of Defense author- ducted by the Department of Energy to that. ization bill that would require the De- determine whether an existing nuclear Senator SNOWE also proposed that partment to study the feasibility of weapon could be modified so that it the local community not have to pay procuring satellite capacity through could destroy hardened and deeply bur- for the land the Federal Government is multiyear contracts. I worked with ied targets. giving up. It is only fitting that in Chairman WARNER and Ranking Mem- Since the time of our earlier debate these communities that have given so ber LEVIN to address this issue in the on this matter, our colleagues on the much to our military men and women underlying bill, and while I am pleased Appropriations Committee have com- that we give something back. Pulling that the committee’s leadership has ac- pleted work on the conference report up stakes and removing an important cepted the provision, I am disappointed for Energy and Water appropriations. economic engine is bad enough, but to that Congress must once again request The conferees have reached agreement then expect the redevelopers to pay for the Department to study this issue. on appropriations for the Department the land as well just adds insult to in- Last year, Congress included a provi- of Energy and have agreed to eliminate jury. It is unfortunate that this amend- sion in the Department of Defense au- funding for continued research on the ment that will make the transition thorization bill to require the Depart- Robust Nuclear Earth Penetrator at process easier for Milwaukee and com- ment to scrutinize its commercial sat- the request of the National Nuclear Se- munities around the country was not ellite capacity procurement practices curity Administration. accepted. and report to Congress its findings and In light of this outcome and the Mr. LIEBERMAN. Mr. President, recommendations. That study was elimination of funding, an amendment U.S. competitiveness in the high-tech completed, albeit after the statutory to S. 1042 has been cleared on both sector of semiconductors, an important deadline and too late for many of the sides which will remove the authoriza- enabler in today’s world providing the recommendations to be implemented in tion for the Department of Energy to basis for nearly all electronic products this year’s authorization bill. The continue the feasibility study. and systems used in both consumer and study also failed to specifically review I note for my colleagues, however, military applications, is at risk. As we that the Senate Armed Services Com- the issue of multiyear contracting. all are aware, global competition is on mittee received a letter from Gen. Therefore, Congress will be more ex- the rise, U.S. basic research invest- James Cartwright, the Commander of plicit this year in its request and will ment is on the decline, and there is se- U.S. Strategic Command, dated No- once again await the Department’s rious concern regarding the U.S. vember 1,2005, which emphasizes the findings. science and technology talent base. The study on multiyear contracting need for continued work on earth pene- These issues have long been a concern is necessary because many in the sat- trating weapons which can be either of mine not only for the health of our nuclear or conventional. General Cart- ellite industry and the Government economy but also for maintaining and wright states his support for research question whether the Department of preserving our national security. I re- to validate computer models of the im- Defense’s general policy of procuring leased a whitepaper back in June of pact physics of penetrating warheads leased satellite capacity on a year-to- 2003 titled ‘‘National Security Aspects into hard surface geologies. What the year basis is resulting in the best price of the Global Migration of the U.S. general is essentially saying is: Just for the Government and the taxpayers. Semiconductor Industry’’ that dis- because the funds have gone away In contrast to the Government, other cusses and highlights the importance doesn’t mean that the problem has entities purchasing leased satellite ca- of addressing the accelerating shift in gone away. pacity for communications services, I think the general’s statement is manufacturing overseas. Historically, such as CNN and FOX, negotiate very reasonable. I would hope that shifts in manufacturing result over multiyear contracts and are receiving with the tremendous investment that time in migration of research and de- lower prices for the same services. The this Congress directs into defense re- velopment which, unfortunately, Federal Government, with the Depart- search and development, at some point means we will be essentially offshoring ment of Defense as the main buyer, is and in some fashion, we could work to- our innovation capacity itself. In the the world’s largest consumer of leased gether to address the military need the March 21, 2005, edition of Business satellite capacity and, as such, the general has identified. Week, the cover story article titled Government should be able to nego- Mr. KOHL. Mr. President, the deci- ‘‘Outsourcing Innovation’’ exactly ad- tiate the lowest price and the most sions made by the Base Realignment dresses this issue. The article discusses flexible terms for leased satellite ca- and Closure Commission are final. All how Western corporations began pacity. around the country communities are offshoring manufacturing in the 1980s Last year, the Government Account- now forced to deal with the difficult re- and 1990s to increase efficiency and to ability Office studied the Department’s ality of how to approach the redevelop- focus on research and development and procurement process for leased sat- ment and transfer of a local military proceeds to say how ‘‘that pledge has ellite capacity and found that the De- facility that is being closed. In my now passed.’’ Companies such as Dell, partment’s procedures were uncoordi- State of Wisconsin, the city of Mil- Motorola, and Phillips are buying de- nated, frustrating for military com- waukee is faced with the difficult pros- signs of digital devices from abroad, manders, and overly expensive to U.S. pect of what to do after the 440th Air- slightly altering the device, and then taxpayers. Using the results of the lift Wing leaves Mitchell Field. The branding the product with their name. GAO study, along with the Depart- community, the State, and our con- In addition, there is another aspect ment’s study completed this year and gressional delegation fought long and of the semiconductor industry that the findings on the multiyear contract hard to protect the proud men and cannot be overlooked, the limitation of issue, I hope Congress will finally have women of the 440th, but we were not Moore’s Law. There will soon be phys- the necessary information to consider able to convince the Commission that ical barriers blocking the continued wholesale satellite procurement re- closing the 440th would be a mistake. diminution of transistor size, and the forms during next year’s authorization Senator SNOWE offered an amend- financial barriers will become even process. ment that I believe will make the proc- more extraordinary. This situation

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25532 CONGRESSIONAL RECORD—SENATE November 9, 2005 would inevitably lead to the slowing or It states that an overall vision is period of morning business with Sen- stopping of chip manufacturer’s needed that develops an approach to ators permitted to speak for up to 10 progress unless we bring nanotech- meet Department of Defense needs be- minutes each. nology to fruition in the semicon- fore a supply source becomes an emer- The PRESIDING OFFICER. Without ductor world. gency. This requires funding research objection, it is so ordered. I think it is pretty clear that it is that will sustain our technical superi- f more important than ever to create an ority; the trusted foundry agreements ENERGY PRICES environment in the United States assist in solving the immediate prob- which promotes research and develop- lems, not the longer term. Included in Mr. DORGAN. Madam President, we ment and fosters innovation. The De- the overall vision, a plan is needed spe- have come from a Commerce-Energy fense Science Board Task Force re- cifically for a Department of Defense Committee joint hearing with the leased to the Congress in April 2005 the acquisition strategy that encompasses CEOs of the major energy companies. final report titled ‘‘High Performance both short- and long-term technology, They came to talk to us about the Microchip Supply’’ which was in part a acquisition and manufacturing capa- price of energy. response to the issues I raised in my bilities to assure an ongoing supply of I made the point this morning—I 2003 report. The report outlines a series trusted microelectronic components. know the Presiding Officer was also of recommendations to help ensure the Although U.S. leadership in chip de- there and made the points she wished long-term health of the U.S. microchip sign does not in and of itself assure the to make—as we go into the winter sea- design, development, and manufac- trustworthiness of the microelectronic son, those who are trying to figure out turing industries. The report empha- parts, it does put the Department of how they afford home heating fuel, sizes the importance of maintaining Defense in a superior position to poten- natural gas, propane, and so on, take a technical superiority in the semicon- tial adversaries whose systems rely on look at the newspapers and see the ductor industry in order to lead in the U.S. based suppliers. The Department highest profits in history for the oil application of electronics to support of Defense needs to sustain this U.S. companies. They are the ones, the con- the warfighter. This lead is critical to sumers, who will have to bear the pain. the foundation of the next generation leadership by investing in research pro- grams and ensuring a domestic supply Heat your home in the winter or try to of U.S. security strategy network cen- figure out how you are going to pay the tric warfare superiority. The report of scientists and engineers who are skilled in this area. New programmable fuel bill in the spring if you are a farm- specifically stresses the need for trust- er or a rancher. These prices are going ed and assured suppliers of integrated chip technology, which has intricate designs and therefore is more difficult to eat away all the profit that existed, circuit components and emphasizes and then some, with respect to family that ‘‘trust cannot be added to inte- to validate, is needed and efforts to de- farmers in my State. That is according grated circuits after fabrication; elec- velop next generation technologies in to estimates that come from the farm trical testing and reverse engineering this area should be pursued. organization and from economists who cannot be relied upon to detect This DSB report clearly stresses the have looked at it. undesired alterations in military inte- need for immediate action and lists The question for family farmers who grated circuits.’’ Beyond highlighting key recommendations to help the De- are being ripped by these energy prices the threat of IC device compromise, partment of Defense develop not only a or people who drive to the gas pumps the report also highlights the risk as- short-term plan to address the imme- or people who are figuring out how to sociated with reliance on foreign sup- diate needs but, importantly, a longer heat their homes is, Is anybody going pliers to access high-performance term vision as well. By the end of 2005, to do anything about it? You have all microelectronics in time of war when there will be 59 300 mm fabrication the gain on this side and all the pain quick response or surge capacity is plants worldwide with only 16 of these needed and additionally, the report located in the United States. The on this side. All the gain with the big stresses the longer term risk of losing United States cannot wait much energy companies, the big oil compa- leading edge R&D in a technology area longer; we need to address the global nies, the major integrated oil compa- central to our economy. This latter competitiveness issue today. nies, bigger, stronger, with more raw point was a particular emphasis of my The Department of Defense has been muscle power in the marketplace be- 2003 report referenced previously and telling us for a year or more to wait for cause of block buster mergers, and all this new report agrees. the Defense Science Board report. It the pain on the other side, the con- The DSB report calls for the Depart- has now finally arrived and an actual sumers. ment of Defense’s senior officials to ad- Department of Defense ‘‘action plan’’ Especially in a State that is an agri- vocate that a strongly competitive to implement these recommendations cultural State where we rely on family U.S. semiconductor base is not only a is needed. This is why I along with Sen- farmers as a significant part of our eco- Department of Defense goal but should ator CORNYN proposed an amendment, nomic base, knowing that those family also be a national priority. Because No. 2446, to the Defense Authorization farmers operate on a thin margin, DSB finds that research and develop- Act, S. 1042, asking the Department of knowing that they are trying to figure ment is closely coupled with a solid Defense to develop this action plan. I out how to pay energy costs going into manufacturing base, and the U.S. semi- am pleased to see this amendment has spring planting and fertilizer costs and conductor manufacturing base is going been adopted unanimously by the Sen- so on, knowing that it is going to wipe abroad, the United States will soon ate. away any net profit they would have, start to lose its R&D skill base which The United States historically has any opportunity for a net profit next is essential for not only U.S. defense lost manufacturing sectors as product year, they are saying to this Congress: systems but general economic competi- cycles matured but our innovation sys- Talk is cheap. What are you going to tiveness. tem always filled that void by creating do? Will Congress take some action? Given the low production volume of new sectors, opportunities, jobs and Will Congress take action to ease the Department of Defense microelec- higher standards of living. I want to pain and provide some fairness and re- tronics parts, the report also rec- see that trend continue, and this store fairness? I hope so. ommends that the Department of De- amendment asks the Department of I won’t go into great detail about the fense, working with the semiconductor Defense to form a sound plan in this action I think we should take. I have industry and fabrication equipment technology area. done that many times on the floor with suppliers, develops a cost-effective f respect to a Windfall Profits Rebate technology for the design and fabrica- Act, to rebate to consumers a portion tion of low production volume, leading MORNING BUSINESS of these profits. edge technology given the low volume Mr. WARNER. Mr. President, I ask My hope is that in the shadow of the demands of the Department of Defense. unanimous consent that there now be a hearings we held today, Congress will

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25533 be ready to take some action with re- those people don’t have alternative More than 5 months ago, on the early spect to energy price issues. transportation opportunities. Yet when morning of May 30, Natalee Holloway f Amtrak, the Empire Builder, in this disappeared from the island of Aruba. case, runs from Chicago to Seattle, Since the start of the investigation FIRING OF DAVID GUNN 100,000 North Dakotans have used it. It into Natalee’s disappearance, I, along Mr. DORGAN. Madam President, I is an important part of our Nation’s with others, have been deeply troubled have received a press statement, issued transportation system. But there is a by the process that has taken place in moments ago, from the Amtrak Na- disagreement about Amtrak. The Aruba. From the outset, there has been tional Rail Passenger Corporation President wants to shut it down. He miscommunication and misinforma- board of directors. Four members on doesn’t want it. That is why he pro- tion from the Aruban Government. The the board of directors represent mem- posed no funding for it. The Congress, investigation has been plagued by in- bership appointed by the President. the majority from his own party, said: consistencies and conflicting informa- Two of them are recess appointments No, we want to fund it. We believe Am- tion, calling the integrity of the inves- not given the stamp of approval by the trak advances this country’s transpor- tigation itself into question. Since Senate. The four members of the board tation system. We believe it is worthy, Natalee’s disappearance, a number of of directors at Amtrak this morning something we should do. suspects have been arrested, detained, decided to fire David Gunn, president The president of Amtrak, David and released without the benefit of any of Amtrak. Gunn, is a first-rate executive. He has substantive information regarding her David Gunn is not anybody’s crony. experience. He has done a great job. I disappearance. He happens to be an appointment that say that as a member of the committee I have made no secret of my concern is smart, tough, with experience in the that authorizes Amtrak, so I have regarding the handling of this case and area. He has run Amtrak like a true watched this enterprise. I have spent the careless and inappropriate manner champion. He ran afoul of the White time with Mr. Gunn. I have spent time in which it appears the evidence has House when the White House decided with Amtrak officials. I know what is been handled. Nevertheless, I continue they wanted to shut down Amtrak, happening there. This guy is nobody’s to believe that without the will of shut down long-distance trains and ef- crony. As a result, he gets fired. Natalee Holloway’s mother, Beth fectively get rid of Amtrak. The ‘‘you are doing a great job, Twitty, Natalee’s disappearance would David Gunn was the president of Am- Brownie stuff,’’ I am sick of that. I not have received the level of scrutiny trak. He and others fought to maintain would like to see people who are quali- in Aruba and around the world we have fied to run things running things in rail passenger service and fought to witnessed. persuade this Congress to fund Am- this Government. They had one run- It is disturbing that so many months trak. The administration recommended ning Amtrak. Today he gets fired be- have passed with no clear answers re- zero funding for Amtrak. The Congress cause somebody got their nose out of garding the circumstances surrounding joint and decided, apparently, the Con- didn’t agree. So the Congress funded Natalee’s disappearance. To that end, I gress won’t allow us to shut down Am- Amtrak in a manner that would allow joined Alabama GOV Bob Riley and trak so we will fire the president of it to continue to be a national rail pas- others yesterday to call for a boycott Amtrak. senger system. Apparently, David of Aruba. Today, I call upon my col- Gunn doesn’t measure up to the White It is a big mistake for the country. I don’t know how others in Congress will leagues to join me in that call. House, and so they got the board of di- I understand this is a drastic meas- rectors this morning to fire him. Inci- react, but for me, this is a setback and a setback for those who care about rail ure, but I believe that we as Ameri- dentally, two of the recess appoint- cans, along with others around the ments on the board of directors, one passenger service. It was a travesty to treat David Gunn, an executive who world, should carefully weigh our trav- from New Jersey, one from Florida, came out of retirement to run Amtrak el options until the Government of will have some kind of rail passenger and who did a first-rate job, this way. Aruba exhibits a good-faith effort to service no matter what happens to Am- Shame on those who made that deci- solve this case. trak. All those folks who live on the sion. This is all about politics. It has For the safety, security, and well- east coast, from Boston to Florida, nothing to do with performance. I being of our citizens, I do not believe they probably are always going to have thought, especially in the wake of what we can trust that we will be protected a train running down that little strip happened with Hurricane Katrina, while in Aruba. Quite frankly, if this on the eastern seaboard. I can under- maybe we would get back to perform- can happen to Natalee Holloway, a stand these two members of the board, ance and decide that when people know teenager from my home State of Ala- neither of whom were confirmed by the how to do things and organize well, bama, it could happen to any of us. Senate, both of whom were given recess they are appreciated. That is not the That is why I believe a boycott is the appointments by the President and case with respect to the decision by the answer. I hope the American people, cannot continue beyond this Congress, board of directors at Amtrak this when they think of traveling to the I can understand if the President or morning. Caribbean this winter, will look at somebody in the White House said: Those of us who feel that way prob- other options. Let’s get rid of this David Gunn. They ably won’t have a chance to overturn f say: That’s all right because even if we this because the board of directors HONORING OUR ARMED FORCES get rid of Amtrak, we will have rail made the decision coming from the passenger service on the east coast. Secretary of Transportation, coming STAFF SERGEANT JASON A. FEGLER I wish to say what a horrible mistake from the White House, I guess. But I Mr. HAGEL. Mr. President, I rise to it was for the board of directors of Am- still think it is a setback for the coun- express my sympathy over the loss of trak to do this. I understand where it try. I hope others know it as well. U.S. Army SSG Jason A. Fegler. Staff came from. It came from the White Sergeant Fegler died November 4 in f House. It came from the Secretary of Baghdad, Iraq. He was 24 years old. Transportation. I understand meetings NATALEE HOLLOWAY Staff Sergeant Fegler grew up in were held in recent days, and the deci- Mr. SHELBY. Mr. President, I rise rural Banner County, NE, and grad- sion was made. That decision was car- today to discuss an issue that has trou- uated from Banner County High School ried out by the President’s board of di- bled me for many months, and that is in 1999. He served more than 4 years in rectors. the disappearance of an Alabama teen- the U.S. Marine Corps before recently I am saying this: A national rail pas- ager, Natalee Holloway, from the is- transferring to the U.S. Army. He had senger system, Amtrak, is beneficial to land of Aruba. Most people have heard hopes of joining the Army’s Special this country. In my State, 100,000 peo- about this. It has been in the news for Forces. Staff Sergeant Fegler was a ple used Amtrak last year. Many of months. member of Company C, 1st Battalion,

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25534 CONGRESSIONAL RECORD—SENATE November 9, 2005 502nd Infantry Regiment, 101st Air- FOREIGN RELATIONS COMMITTEE Ms. OURSLER. Mr. Alexander. borne Division, Fort Campbell, KY. BUSINESS MEETING Senator ALEXANDER. Aye. Staff Sergeant Fegler will be remem- Ms. OURSLER. Mr. Sununu. Mr. BIDEN. Mr. President, on No- Senator SUNUNU. Aye. bered as a loyal soldier who had a vember 1, the Committee on Foreign Ms. OURSLER. Ms. Murkowski. strong sense of duty, honor, and love of Relations conducted a business meet- Senator MURKOWSKI. Aye. country. Thousands of brave Ameri- ing to consider several matters. Ms. OURSLER. Mr. Martinez. cans like Staff Sergeant Jason Fegler The motion to report the nomination The CHAIRMAN. Votes aye by proxy. are currently serving in Iraq. Ms. OURSLER. Mr. Biden. of Roland Arnall to be U.S. Ambas- Senator SARBANES. No by proxy. Staff Sergeant Fegler is survived by sador to the Netherlands failed on a 9- Ms. OURSLER. Mr. Sarbanes. his wife, Shianne, who is in the U.S. to-9 tie. The chairman then ruled that Senator SARBANES. No. Navy, and their son, Aiden, 2, of Vir- the nomination was ordered reported Ms. OURSLER. Mr. Dodd. Senator SARBANES. No by proxy. ginia Beach, VA. He is also survived by by an 8-to-2 vote, which reflected the Ms. OURSLER. Mr. Kerry. his mother and stepfather, Rita and vote of those physically present. With all respect to my friend and Senator SARBANES. No by proxy. Eugene Snyder of Harrisburg, NE; and Ms. OURSLER. Mr. Feingold. father, Jim Fegler of Sierra Vista, AZ. chairman, Senator LUGAR, I disagree Senator SARBANES. No by proxy. Our thoughts and prayers are with with his ruling, which negated the Ms. OURSLER. Mrs. Boxer. them at this difficult time. America is proxy votes cast by me and several of Senator SARBANES. No by—I’ll pass for the my colleagues; I believe it to be incon- moment. proud of Staff Sergeant Fegler’s heroic sistent with the rules of the Committee Ms. OURSLER. Mr. Nelson. service and mourns his loss. on Foreign Relations. So that the Senator SARBANES. No by proxy. Ms. OURSLER. Mr. Obama. I ask my colleagues to join me and record of the proceedings at the meet- Senator SARBANES. No by proxy. all Americans in honoring SSG Jason ing will be available to all members, I Ms. OURSLER. Mr. Chairman. A. Fegler. ask unanimous consent that the rel- The CHAIRMAN. Aye. Senator SARBANES. Boxer, no by proxy. CAPTAIN JOEL CAHILL evant portion of the transcript of that meeting be printed in the RECORD. The CHAIRMAN. The Clerk will please re- Mr. HAGEL. Mr. President, I rise to There being no objection, the mate- port the vote. express my sympathy over the loss of rial was ordered to be printed in the Ms. OURSLER. The vote is nine to nine. U.S. Army CPT Joel Cahill. Captain The CHAIRMAN. Now let me make certain RECORD, as follows: that the committee knows what the report- Cahill died of wounds suffered on No- BUSINESS MEETING OF THE COMMITTEE ON ing requirement is, because I’ll ask the Clerk vember 6, while on patrol in Ad Dawr, FOREIGN RELATIONS, U.S. SENATE NOVEM- then to give the report on members phys- Iraq. He was 34 years old. BER 1, 2005 ically present. Our rule says ‘‘No nomination Captain Cahill graduated in 1989 from The committee met, pursuant to notice, at can be reported unless a majority of the committee members are physically present. Papillion-La Vista High School in Ne- 2:32 p.m. in Room S–116, The Capitol, Hon. RICHARD G. LUGAR [chairman] presiding. The vote of the committee to report a meas- braska. Captain Cahill graduated Present: Senators LUGAR [presiding], ure or matter shall require the concurrence magna cum laude in 1999 from the Uni- HAGEL, CHAFEE, ALLEN, COLEMAN, VOINOVICH, of a majority of those members who are versity of Nebraska-Omaha, where he ALEXANDER, SUNUNU, MURKOWSKI, and SAR- physically present at the time the vote is was a member of the ROTC program. BANES. taken.’’ He was a 15-year military veteran and Senator SARBANES. First of all, on the Now, what is the vote among those who are in the midst of his fourth tour of com- point about filing lawsuits to delay the nom- physically present? Ms. OURSLER. Of those physically present, bat duty, having served one tour in ination, there are a number of individual suits that have been brought regarding some eight voted in favor of the nomination and Iraq and two tours in Afghanistan. In of these matters. I don’t premise the position two voted against. 1998, he was awarded the Soldier’s I’m taking on that. The CHAIRMAN. Now, the chair believes Medal for selfless action in a noncom- I think in effect a screening process has that Rule 4[c] on reporting would indicate bat situation. A live grenade acciden- been done by the State attorneys general, that in this particular instance the nomina- tally landed next to Captain Cahill’s and therefore I think it raises the issue to a tion be forwarded to the full Senate. But men during training at Fort A.P. Hill, much higher level, that these State attorney that is—I ask those who may have question about that to refer to Rule 4 on quorums and VA. Captain Cahill grabbed the grenade generals are considering bringing charges in this instance. [c] on reporting. and hurled it out of harm’s way, saving Mr. Arnall asserts that his motto is to do Senator SARBANES. Mr. Chairman, as I read the lives of his fellow soldiers. Captain the right thing. That’s what we’re trying to this rule, in order to report it out you will Cahill was a member of Company B, 1st get him to do in this instance. He owns this need a majority physically present, but that Battalion, 15th Infantry Regiment, 3rd company. It’s privately held. We had testi- doesn’t vitiate the proxies voted against. Infantry Division, Fort Benning, GA. mony from people that were at the company The rule makes no reference to that and Captain Cahill will be remembered as a telling about how intimately he was in its those proxies are valid, and therefore we loyal soldier who had a strong sense of activities, how much he’s essential to the wouldn’t—the vote is not carried. This ap- sort of direction and the drive, the vitality plies of you to try to use proxies to con- duty, honor, and love of country. Thou- of the company. stitute the majority for reporting it out, but sands of brave Americans like CPT He does have an impressive life story and I it doesn’t apply to the use of proxies to ne- Joel Cahill are currently serving in alluded to that in the course of the hearing gate reporting it out, I respectfully submit Iraq. and said as much. to you, and I think that’s a fair reading of But you’ve got a real problem here in the rule. And that’s the way we’ve done it Captain Cahill is survived by his terms of these practices, and Mr. Arnall here in the past. wife, Mary, a U.S. Army nurse, and ought to resolve this matter in my opinion The CHAIRMAN. Well, that is an important their two children, Faith, 4, and before he goes off to the Netherlands in order reading, but the chair believes that the read- Brenna, 3, of Columbus, GA. He is also to assume this ambassadorship. ing at least gives credence at least to my in- survived by his mother and father, Bar- The CHAIRMAN. Well, the committee will terpretation, which is that a majority of bara and Larry Cahill of Gretna, NE; now vote on the nomination. I will ask the those voting and physically present, given sister, Erin Christensen; and brothers Clerk to call the roll. the fact a majority was here to create the quorum, would lead to a favorable decision. Larry Jr., Randy and Jason. Our Ms. OURSLER. Mr. Hagel. Senator HAGEL. No. Senator SARBANES. Well, I think we need thoughts and prayers are with them at Ms. OURSLER. Mr. Chafee. to sort this out. I make the point of order a this difficult time. America is proud of Senator CHAFEE. Aye. quorum is not present. Captain Cahill’s heroic service and Ms. OURSLER. Mr. Allen. The CHAIRMAN. Well, a quorum is not mourns his loss. Senator CHAFEE. Aye. present, but the quorum was present at the Ms. OURSLER. Mr. Coleman. time of the vote and that is what is required, I ask my colleagues to join me and Senator COLEMAN. Aye. and the chair declared that the vote was in all Americans in honoring CPT Joel Ms. OURSLER. Mr. Voinovich. favor of reporting this nomination to the Cahill. Senator VOINOVICH. Aye. Senate floor.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25535 Senator SARBANES. On what basis is the THE INTELLIGENCE as important as protecting the rights chairman reaching that conclusion? AUTHORIZATION BILL of our constituents to their privacy The CHAIRMAN. On the basis that we had a Mr. WYDEN. Mr. President, This and shielding against the surreptitious quorum and that a majority of those phys- shakedown of law-abiding citizens is ically present voted in favor of the nominee. year’s intelligence authorization bill is Senator SARBANES. But the majority of the a key piece of legislation for all Ameri- one instance when Americans can and committee didn’t do that. In fact the vote cans and one that I hope to be able to must be invited into the process. here was a tie vote. support. But, as written, the bill is Shining sunlight on intelligence in- The CHAIRMAN. Counting in the proxies. marred by the presence of provisions formation for the benefit of Americans Senator SARBANES. It was a tie vote. Yes, that pose serious concerns for Ameri- and policymakers alike is critical to it was a tie vote. cans’ privacy rights. Among them is our security. Congress must work to You can’t bring it out with proxies. The one provision that would permit mili- improve information sharing, and we chairman—what this rule is designed to do is owe it to the American people to make the chairman can’t come in with a bunch of tary intelligence officials to conduct proxies in his hands and then on the basis of covert interviews of U.S. persons on sure that safeguards remain in place to that bring a measure out of the committee. U.S. soil to assess them as potential in- ensure that sensitive personal informa- You can be called on that in terms of having telligence sources without disclosing tion is not tossed around inappropri- a majority. their government affiliation. With this ately. The CHAIRMAN. I appreciate the point the provision in the legislation, I am com- f chair is making—rather, the Senator is mak- pelled to announce my intention to ob- MAYORS SUPPORT THE TER- ing. I believe that my interpretation is cor- ject to any unanimous consent request rect and I would just indicate that that at RORIST APPREHENSION AND to bring S. 1803, the intelligence reau- least is what is going to occur. Now, the RECORD RETENTION ACT thorization bill, to the Senate floor for member may think of a means for appealing Mr. LEVIN. Mr. President, our Na- that in some fashion. approval without the opportunity for Senator SARBANES. Think what? debate and consideration of amend- tion’s gun safety laws do not go far The CHAIRMAN. Of a means of appealing my ments. enough to protect our families and decision. But for the time being, my decision This legislation has been considered communities and may leave us vulner- is that we had a vote and we have reported by three different Committees: The able to an attack by terrorists using the nominee. Senate Intelligence committee, the military style firearms legally pur- Senator SARBANES. Well, I think it’s an Senate Committee on Armed Services, chased within our own borders. Current abuse of the rules and I want to state that to and the Senate Committee on Home- law not only allows a known or sus- the chairman. pected terrorist to buy firearms in the The CHAIRMAN. I understand. land Security and Governmental Af- Senator SARBANES. Absolutely. fairs. Three different committees have U.S., it also requires that records per- The CHAIRMAN. I thank the members of the reviewed the legislation, but there has taining to the sale be destroyed within committee. not been a single hearing on the ex- a day of the purchase. Congress should [Whereupon, at 3.07 p.m., the committee panded power the administration is take proactive steps to address these was adjourned.] seeking to enable DOD personnel to de- shortfalls in our gun safety laws. mand information of law-abiding U.S. Federal law requires that anyone f citizens without having to disclose to seeking to purchase or obtain a permit them who they are, on whose behalf to possess, acquire, or carry firearms LOCAL LAW ENFORCEMENT undergo a background check through ENHANCEMENT ACT OF 2005 they are seeking personal and other in- formation or what they intend to do the National Instant Criminal Back- Mr. SMITH. Mr. President, I rise with this information. ground Check System, or NICS. This today to speak about the need for hate The CIA already possesses the statu- process requires the applicant to pro- crimes legislation. Each Congress, Sen- tory authority to engage in such sur- vide a variety of personal information ator KENNEDY and I introduce hate reptitious interrogations of U.S. citi- including name, date of birth, current crimes legislation that would add new zens, and the Department of Defense residence, and country of citizenship categories to current hate crimes law, has not in my mind made the case for which is then compared with data in sending a signal that violence of any gaining this new authority as well. In the NICS system to determine whether kind is unacceptable in our society. fact, the DOD has not provided any evi- or not the person is prohibited by law Likewise, each Congress I have come to dence that the failure to have this au- from receiving or possessing firearms. the floor to highlight a separate hate thority has resulted in damage to U.S. Disqualifying criteria includes such crime that has occurred in our coun- national security. things as felony convictions and fugi- try. According to recent press reports, tive or illegal alien status. On January, 2, 2004, in Madison, WI, the FBI has gained access to tens of As part of the background check, ap- Matt Collins and Shawn Wiese went to thousands of pieces of information plicants are also checked against the Dry Bean Restaurant to meet a about U.S. citizens through national known terrorist watch lists. However, friend. After the restaurant closed, an security letters. This information re- under current law, membership in a altercation between two men and Col- portedly ranges from where a person known terrorist organization does not lins and Wiese occurred. A woman later makes and spends money and who they automatically disqualify an applicant testified that one of the men told her live with to where they travel and who from receiving or possessing a firearm. that night that he should beat up Col- they email. All of this information has In cases where a positive match is lins and Wiese for being gay. been deposited in government data made, federal authorities search for Mr. Collins, who had no health insur- banks, and according to press reports, other disqualifying information. If no ance, was hospitalized for 2 days with this personal information is shared disqualifying information can be found multiple broken bones in his right widely, without restriction. The same within three business days, the trans- wrist that required a plate and seven press reports say that tomorrow not action is permitted to continue. In ad- screws. only will such information be shared dition, all records pertaining to a posi- I believe that our Government’s first within the Federal bureaucracy but it tive match of an applicant to a ter- duty is to defend its citizens, in all cir- will be made available to State, local rorist watch list must, under current cumstances, from threats to them at and tribal entities, and ‘‘appropriate law, be destroyed within 24 hours if no home. The Local Law Enforcement En- private sector entities.’’ disqualifying information is found. hancement Act is a major step forward I remain steadfast in my belief that I have cosponsored the Terrorist Ap- in achieving that goal. I believe that you can protect national security with- prehension Record Retention Act in- by passing this legislation and chang- out gutting civil liberties; and this leg- troduced by Senator LAUTENBERG. This ing current law, we can change hearts islation, as it currently is written, is bill would require that in cases where and minds as well. out of balance. A debate on something an NICS background check turns up a

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25536 CONGRESSIONAL RECORD—SENATE November 9, 2005 valid match to a terrorist watch list, terrorist organization in records maintained steroids, they begin to question the im- all records pertaining to the trans- by the Department of Justice or the Depart- portance of pillars such as trust- action be retained for ten years. In ad- ment of Homeland Security, including the worthiness, responsibility, and fair- dition, the bill requires that all NICS violent Gang and Terrorist Organization File ness. or records maintained by the Intelligence information be shared with appropriate Community: (1) all information related to Speaking as a former baseball pitch- federal and state counterterrorism offi- the prospective transaction shall be auto- er for the University of New Mexico cials anytime an individual on a ter- matically and immediately transmitted to and the Albuquerque Dukes, I cannot rorist watch list attempts to buy a the appropriate Federal and State counter- emphasize enough the importance of firearm. This is only common sense. terrorism officials, including the Federal Bu- trustworthiness and fairness in sports- The U.S. Conference of Mayors, reau of Investigation (FBI); (2) the FBI shall manship. As athletes, my teammates which represents some 1,183 cities coordinate the response; and (3) all records and I understood that the integrity of around the country, adopted a resolu- generated in the course of the check that are the game depended on knowledge that obtained by Federal and State officials shall tion strongly supporting the Terrorist be retained for at least ten years, Now, your competitors brought no advan- Apprehension and Record Retention therefore, be it tage other than talent and hard work Act at their 2005 annual meeting. The Resolved, That the U.S. Conference of May- to the playing field. To think that your resolution cites a report by the General ors strongly supports the Terrorist Appre- competitors used steroids to enhance Accountability Office which found that hension and Record Retention Act (TARR), their athletic performance would mean from February 3, 2004 through June 30, and urges that it be passed by Congress and that the game itself was compromised. 2004, a total of 44 firearm purchase at- signed into law by the President. S. 1960 is important legislation be- tempts were made by individuals des- Mr. LEVIN. Mr. President, the U.S. cause it makes clear that all athletes ignated as known or suspected terror- Conference of Mayors recognizes the participating in professional sports ists by the federal government. This is importance of preserving records of will be held to the same standards of an alarming statistic. I ask unanimous gun purchases by known terrorists and fair play. By instituting minimum consent that a copy of the resolution the important role they could poten- standards for the testing of steroids, adopted by the U.S. Conference of May- tially play in uncovering a terrorist at- professional sports teams and profes- ors be printed in the RECORD. tack before it is carried out. We owe it sional athletes can regain the respect There being no objection, the mate- to all Americans in this era of height- and trust of the American people. It is rial was ordered to be printed in the ened risk of terrorist attack to do all important that we hold adults to the RECORD, as follows: we can to protect their safety. same standards of character as we do THE TERRORIST APPREHENSION AND RECORD f our children. Young people look up to professional athletes as role models. RETENTION (TARR) ACT INTEGRITY IN PROFESSIONAL We owe it to them to make sure that Whereas, neither suspected nor actual SPORTS ACT membership in a terrorist organization by adults behave according to the same itself prohibits a person from owning a gun Mr. DOMENICI. Mr. President, I rise standards of trustworthiness, fairness, under current law; and to express my support for the Integrity and respect. in Professional Sports Act, S. 1960. I Whereas, beginning in November of 2003, f the U.S. Department of Justice directed the am deeply troubled by the accounts of FBI to revise its procedures to better ensure children and professional athletes who VETERANS DAY 2005 that suspected members of terrorist organi- use anabolic steroids and other per- Mr. DOMENICI. Mr. President, today, zations who have disqualifying factors do not formance-enhancement drugs. The ef- receive firearms in violation of the law by we as Americans gather to honor all automatically delaying responses to provide fects of taking steroids are not only those who served, fought and sacrificed more time to check data; and physiological, but psychological. Ex- to defend our Nation throughout its Whereas, in January of 2005, the U.S. Gov- perts have testified before Congress history. ernment Accounting Office (GAO) released a that steroid use creates an increased During the 229 year history of our report entitled, ‘‘Gun Control and Terrorism: propensity for aggressive and some- Nation, brave Americans have an- FBI Could Better Manage Firearm-Related times criminal behavior. It is clear to swered the call to defend their coun- Background Checks Involving Terrorist me that the use of performance en- try’s freedom and the freedom of people Watch List Records’’; and hancing drugs reveals a number of Whereas, that report found that from Feb- around the globe. Today, as in the past, ruary 3 through June 30, 2004, a total of 44 problems, one of which is a problem of our servicemen and women continue to firearm related background checks handled character. embrace these twin goals. by the FBI and state agencies resulted in As many of my colleagues may know, I encourage my fellow New Mexicans valid matches with terrorist watch records, for the past 12 years, I have been in- and all Americans to take a few mo- and of this total 35 transactions were al- volved in a grassroots program to pro- ments to remember and honor the gal- lowed to proceed because the checks found mote character education for our coun- lant men and women of our Armed no prohibiting information, such as felony try’s children. The Character Counts Forces past and present. convictions, illegal immigrant status, or program is an important grassroots ef- New Mexicans have a long distin- other disqualifying factors; and Whereas, the report states, ‘‘GAO rec- fort that I am proud to have supported. guished history of military service. ommends that the Attorney General (1) clar- Most recently, on October 7, 2005, 28 During the Spanish American War New ify procedures to ensure that the maximum Senators joined Senator Christopher Mexico guardsmen formed the bulk of amount of allowable information from these Dodd and I in sponsoring a resolution the 2nd Squadron of the 1st Calvary background checks is consistently shared to designate ‘‘National Character Regiment which served with Teddy with counterterrorism officials and (2) either Counts Week.’’ The program promotes Roosevelt and his Rough Riders at the strengthen the FBI’s oversight of state agen- six fundamental and universal pillars battle of San Juan Hill. When the cies or have the FBI centrally manage all valid match background checks. The Depart- of good character. Those are trust- United States entered the First World ment of Justice agreed.’’; and worthiness, respect, responsibility, War, New Mexicans of the 1st Infantry Whereas, legislation has been introduced in fairness, caring, and citizenship. A cen- Regiment served with the 40th Infantry the U.S. Senate and House of Representa- tral premise of the Character Counts Division in France. While participating tives entitled the ‘‘Terrorist Apprehension program has held that children across in the Italian campaign of the Second and Record Retention (TARR) Act’’; and the country depend on social institu- World War, New Mexicans of the 104th Whereas, the TARR Act amends the Fed- tions and leaders for the development Tank Destroyer battalion were award- eral criminal code to provide that if the na- of good character. For children, these ed 8 Silver Stars, 60 Bronze Stars, and tional criminal background check system in- dicates that a person attempting to purchase leaders and role models are often found 135 Purple Hearts. Of course no one will a firearm or applying for a State permit to on the rosters of professional sports forget the contribution to final victory possess, acquire, or carry a firearm is identi- teams. When our children see profes- the Navajos from our State made as fied as a known or suspected member of a sional athletes engaging in the use of ‘‘code talkers’’ or the bravery of the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25537 ‘‘New Mexico Brigade’’ in the Phil- States, together with an accompanying 2862 making appropriations for Science, ippines. In the history of our Nation report; which was referred to the Com- the Departments of State, Justice, and New Mexicans have served with great mittee on Banking, Housing, and Commerce, and related agencies for the distinction from the swamps of Cuba, Urban Affairs. fiscal year ending September 30, 2006, to the jungles of Vietnam and the and for other purposes. To the Congress of the United States: deserts of Iraq. Section 202(d) of the National Emer- At 5:29 p.m., a message from the It is important that we never forget gencies Act (50 U.S.C. 1622(d)) provides the sacrifice and dedication of these House of Representatives, delivered by for the automatic termination of a na- Ms. Niland, one of its reading clerks, Americans. They left behind the com- tional emergency unless, prior to the fort of home, family and friends to de- announced that the House disagree to anniversary date of its declaration, the the amendment of the Senate to the fend our country and its countless President publishes in the Federal Reg- bill H.R. 3199 to extend and modify au- blessings. For this, many have paid an ister and transmits to the Congress a thorities needed to combat terrorism, immense price, emotionally and phys- notice stating that the emergency is to and for other purposes, and agree to ically, some enduring years of cap- continue in effect beyond the anniver- the conference asked by the Senate on tivity and suffering, some never to re- sary date. Consistent with this provi- the disagreeing votes of the two Houses turn home. We Americans owe all that sion, I have sent the enclosed notice to thereon; and appoints the following we have to these men and women. No the Federal Register for publication, members as the managers of the con- praise or honor will ever be too great stating that the Iran emergency de- ference on the part of the House: for these individuals. clared by Executive Order 12170 on No- From the Committee on the Judici- The service of veterans to our coun- vember 14, 1979, is to continue in effect ary, for consideration of the House bill try has never ended with their depar- beyond November 14, 2005. The most re- (except section 132) and the Senate ture from the Armed Forces. They have cent notice continuing this emergency amendment, and modifications com- enriched every community in which was published in the Federal Register on mitted to conference: Mr. SENSEN- they reside with their strength of char- November 12, 2004 (69 FR 65513). BRENNER, Mr. COBLE, Mr. SMITH of acter, hard work and devotion to fam- Our relations with Iran have not yet Texas, Mr. GALLEGLY, Mr. CHABOT, Mr. ily. For this we must also be grateful. returned to normal, and the process of JENKINS, Mr. CONYERS, Mr. BERMAN, Since 9/11, the men and women of our implementing the January 19, 1981, Mr. BOUCHER, and Mr. NADLER: Pro- Armed Forces have been called away agreements with Iran is still underway. vided, That Mr. SCOTT of Virginia is ap- from home, and are today furthering For these reasons, I have determined pointed in lieu of Mr. NADLER for con- the cause of freedom in Iraq, Afghani- that it is necessary to continue the na- sideration of sections 105, 109, 111–114, stan and all over the globe. Many of tional emergency declared on Novem- 120, 121, 124, 131, and title II of the these individuals are National Guards- ber 14, 1979, with respect to Iran, be- House bill, and modifications com- men like the members of the 515th yond November 14, 2005. mitted to conference. Corps Support Battalion that recently GEORGE W. BUSH. From the Permanent Select Com- returned from Iraq and the servicemen THE WHITE HOUSE, November 9, 2005. mittee on Intelligence, for consider- and women from Holloman, Kirtland, f ation of sections 102, 103, 106, 107, 109, and Cannon Air Force bases. They and 132 of the House bill, and sections serve with the same courage and com- MESSAGE FROM THE HOUSE 2, 3, 6, 7, 9, and 10 of the Senate amend- mitment shown by Americans of gen- At 12:28 p.m., a message from the ment, and modifications committed to erations past and they, too, deserve our House of Representatives, delivered by conference: Mr. HOEKSTRA, Mrs. WILSON thoughts and prayers. May our United Mr. Hays, one of its reading clerks, an- of New Mexico, and Ms. HARMAN. States continue to be blessed and may nounced that the House has passed the From the Committee on Energy and America forever remain the land of the following bills, in which it requests the Commerce, for consideration of sec- free and the home of the brave. concurrence of the Senate: tions 124 and 231 of the House bill, and f H.R. 3770. An act to designate the facility modifications committed to con- of the United States Postal Service located ference: Mr. NORWOOD, Mr. SHADEGG, MESSAGES FROM THE PRESIDENT at 205 West Washington Street in Knox, Indi- and Mr. DINGELL. Messages from the President of the ana, as the ‘‘Grant W. Green Post Office From the Committee on Financial United States were communicated to Building’’. Services, for consideration of section the Senate by Ms. Evans, one of his H.R. 3825. An act to designate the facility 117 of the House bill, and modifications of the United States Postal Service located committed to conference: Mr. OXLEY, secretaries. at 770 Trumbull Drive in Pittsburgh, Penn- Mr. BACHUS, and Mr. FRANK of Massa- f sylvania, as the ‘‘Clayton J. Smith Memorial Post Office Building’’. chusetts. EXECUTIVE MESSAGES REFERRED H.R. 4053. An act to designate the facility From the Committee on Homeland Security, for consideration of sections As in executive session the Presiding of the United States Postal Service located 127–129 of the House bill, and modifica- Officer laid before the Senate messages at 545 North Rimsdale Avenue in Covina, California, as the ‘‘Lillian Kinkella Keil Post tions committed to conference: Mr. from the President of the United Office’’. KING of New York, Mr. WELDON of States submitting sundry nominations Pennsylvania, and Ms. ZOE LOFGREN of which were referred to the appropriate At 3:10 p.m., a message from the California. committees. House of Representatives, delivered by f (The nominations received today are Ms. Niland, one of its reading clerks, printed at the end of the Senate pro- announced that the House agree to the MEASURES REFERRED ceedings.) report of the committee of conference The following bills were read the first f on the disagreeing votes of the two and the second times by unanimous Houses on the amendment of the Sen- consent, and referred as indicated: REPORT RELATIVE TO THE CON- ate to the bill H.R. 2419 making appro- H.R. 3770. An act to designate the facility TINUATION OF THE NATIONAL priations for energy and water develop- of the United States Postal Service located EMERGENCY WITH RESPECT TO ment for the fiscal year ending Sep- at 205 West Washington Street in Knox, Indi- IRAN WHICH WAS DECLARED IN tember 30, 2006, and for other purposes. ana, as the ‘‘Grant W. Green Post Office EXECUTIVE ORDER NO. 12170 ON The message also announced that the Building’’; to the Committee on Homeland NOVEMBER 14, 1979—PM 30 Security and Governmental Affairs. House agree to the report of the com- H.R. 3825. An act to designate the facility The PRESIDING OFFICER laid be- mittee of conference on the disagreeing of the United States Postal Service located fore the Senate the following message votes of the two Houses on the amend- at 770 Trumbull Drive in Pittsburgh, Penn- from the President of the United ments of the Senate to the bill H.R. sylvania, as the ‘‘Clayton J. Smith Memorial

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25538 CONGRESSIONAL RECORD—SENATE November 9, 2005 Post Office Building’’; to the Committee on (3) The United States of America, pursuant tion pursuant to Article 41 of the Conven- Homeland Security and Governmental Af- to Articles 9 and 42, reserves the right to tion, current United States federal law ful- fairs. apply paragraphs (2)(b) and (c) of Article 9 fills the obligations of Chapter II of the Con- H.R. 4053. An act to designate the facility only to the extent consistent with the Con- vention for the United States. Accordingly, of the United States Postal Service located stitution of the United States as interpreted the United States does not intend to enact at 545 North Rimsdale Avenue in Covina, by the United States and as provided for new legislation to fulfill its obligations California, as the ‘‘Lillian Kinkella Keil Post under its federal law, which includes, for ex- under Chapter II. Office’’; to the Committee on Homeland Se- ample, crimes of distribution of material curity and Governmental Affairs. considered to be obscene under applicable f f United States standards. (4) The United States of America, pursuant INTRODUCTION OF BILLS AND ENROLLED BILL PRESENTED to Articles 10 and 42, reserves the right to JOINT RESOLUTIONS The Secretary of the Senate reported impose other effective remedies in lieu of The following bills and joint resolu- that on today, November 9, 2005, she criminal liability under paragraphs 1 and 2 of tions were introduced, read the first Article 10 (‘‘Offenses related to infringement had presented to the President of the of copyright and related rights’’) with re- and second times by unanimous con- United States the following enrolled spect to infringements of certain rental sent, and referred as indicated: bill: rights to the extent the criminalization of By Mr. SCHUMER: S. 1285. An act to designate the Federal such infringements is not required pursuant S. 1978. A bill to amend the Federal Food, building located at 333 Mt. Elliott Street in to the obligations the United States has un- Drug, and Cosmetic Act to increase criminal Detroit, Michigan, as the ‘‘Rosa Parks Fed- dertaken under the agreements referenced in penalties for the sale or trade of prescription eral Building’’. paragraphs 1 and 2. drugs knowingly caused to be adulterated or (5) The United States of America, pursuant misbranded, to modify requirements for f to Articles 22 and 42, reserves the right not maintaining records of the chain-of-custody EXECUTIVE AND OTHER to apply in part paragraphs (1)(b), (c) and (d) of prescription drugs, and for other purposes; COMMUNICATIONS of Article 22 (‘‘Jurisdiction’’). The United to the Committee on Health, Education, States does not provide for plenary jurisdic- Labor, and Pensions. The following communication was tion over offenses that are committed out- By Mr. KOHL: laid before the Senate, together with side its territory by its citizens or on board S. 1979. A bill to provide for the establish- accompanying papers, reports, and doc- ships flying its flag or aircraft registered ment of a strategic refinery reserve, and for uments, and was referred as indicated: under its laws. However, United States law other purposes; to the Committee on Energy EC–4603. A communication from the Sec- does provide for jurisdiction over a number and Natural Resources. retary of the Senate, transmitting, pursuant of offenses to be established under the Con- By Ms. MURKOWSKI: to law, the report of the receipts and expend- vention that are committed abroad by S. 1980. A bill to provide habitable living itures of the Senate for the period from April United States nationals in circumstances quarters for teachers, administrators, and 1, 2005 through September 30, 2005; ordered to implicating particular federal interests, as other school staff, and their households, in lie on the table. well as over a number of such offenses com- rural areas of Alaska located in or near Alas- mitted on board United States-flagged ships ka Native villages; to the Committee on In- f or aircraft registered under United States dian Affairs. EXECUTIVE REPORT OF law. Accordingly, the United States will im- By Mr. DURBIN: COMMITTEE plement paragraphs (1)(b), (c) and (d) to the S. 1981. A bill to amend the Internal Rev- extent provided for under its federal law. enue Code of 1986 to impose a temporary The following executive report of (6) The United States of America, pursuant windfall profit tax on crude oil, to rebate a committee was submitted: to Articles 41 and 42,reserves the right to as- portion of the tax collected back to Amer- By Mr. LUGAR, from the Committee on sume obligations under Chapter II of the ican consumers, to fund programs under the Foreign Relations: Convention in a manner consistent with its Low-Income Home Energy Assistance Act of fundamental principles of federalism. 1981 and tax incentives for the manufacture [Council of Europe Convention on Section 3. Declarations of energy efficient motor vehicles by using a Cybercrime (Treaty Doc. 108–11) with 6 res- (1) The advice and consent of the Senate portion of the proceeds of such tax, and to ervations and 5 declarations (Ex. Rept. 109– under section 1 is subject to the following deposit the balance of the tax collected into 6).] declarations, which shall be included in the the Highway Trust Fund to support the fund- TEXT OF THE RESOLUTION OF RATIFICATION AS United States instrument of ratification: ing of highway projects and to aid highway REPORTED BY THE COMMITTEE ON FOREIGN (a) The United States of America declares, users, and for other purposes; to the Com- RELATIONS: pursuant to Articles 2 and 40, that under mittee on Finance. Resolved (two-thirds of the Senators present United States law, the offense set forth in By Ms. SNOWE: concurring therein), Article 2 (‘‘Illegal access’’) includes an addi- S. 1982. A bill to amend the Internal Rev- Section 1. Senate Advice and Consent Sub- tional requirement of intent to obtain com- enue Code of 1986 to provide a tax credit ject to Reservations and Declarations puter data. against residential heating costs; to the The Senate advises and consents to the (b) The United States of America declares, Committee on Finance. ratification of the Council of Europe Conven- pursuant to Articles 6 and 40, that under By Mr. SANTORUM (for himself, Mr. tion on Cybercrime (‘‘the Convention’’), United States law, the offense set forth in NELSON of Nebraska, Mr. INHOFE, Mr. signed by the United States on November 23, paragraph (1)(b) of Article 6 (‘‘Misuse of de- DEMINT, Mr. DEWINE, Mr. HAGEL, Mr. 2001 (T. Doc. 108 11), subject to the reserva- vices’’) includes a requirement that a min- COBURN, Mr. GREGG, Mr. BROWNBACK, tions of section 2, and the declarations of imum number of items be possessed. The Mr. ENSIGN, Mr. MARTINEZ, Mr. KYL, section 3. minimum number shall be the same as that Mr. VITTER, and Mr. BURR): Section 2. Reservations provided for by applicable United States fed- S. 1983. A bill to prohibit certain abortion- The advice and consent of the Senate eral law. related discrimination in governmental ac- under section 1 is subject to the following (c) The United States of America declares, tivities; to the Committee on Health, Edu- reservations, which shall be included in the pursuant to Articles 7 and 40, that under cation, Labor, and Pensions. United States instrument of ratification: United States law, the offense set forth in By Mr. BAYH (for himself and Mr. (1) The United States of America, pursuant Article 7 (‘‘Computer-related forgery’’) in- VOINOVICH): to Articles 4 and 42, reserves the right to re- cludes a requirement of intent to defraud. S. 1984. A bill to safeguard the national se- quire that the conduct result in serious (d) The United States of America declares, curity and economic health of the United harm, which shall be determined in accord- pursuant to Articles 27 and 40, that requests States by improving the management, co- ance with applicable United States federal made to the United States of America under ordination, and effectiveness of domestic and law. paragraph 9(e) of Article 27 (‘‘Procedures per- international intellectual property rights (2) The United States of America, pursuant taining to mutual assistance requests in the enforcement, and for other purposes; to the to Articles 6 and 42, reserves the right not to absence of applicable international agree- Committee on the Judiciary. apply paragraphs (1)(a)(i) and (1)(b) of Article ments’’) are to be addressed to its central au- By Ms. COLLINS (for herself and Mr. 6 (‘‘Misuse of devices’’) with respect to de- thority for mutual assistance. LIEBERMAN): vices designed or adapted primarily for the (2) The advice and consent of the Senate S. 1985. A bill to extend the predisaster purpose of committing the offenses estab- under section 1 is also subject to the fol- hazard mitigation program under the Staf- lished in Article 4 (‘‘Data interference’’) and lowing declaration: The United States of ford Act; to the Committee on Homeland Se- Article 5 (‘‘System interference’’). America declares that, in view of its reserva- curity and Governmental Affairs.

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A bill to amend the Internal Rev- acted as part of the Economic Growth of the Senator from South Dakota (Mr. enue Code of 1986 to provide a refundable tax and Tax Relief Reconciliation Act of JOHNSON) was added as a cosponsor of credit for residential energy cost assistance 2001. and for other purposes; to the Committee on S. 1930, a bill to expand the research, Finance. S. 1191 prevention, and awareness activities of By Mr. LUGAR: At the request of Mr. SALAZAR, the the National Institute of Diabetes and S. 1988. A bill to authorize the transfer of name of the Senator from Pennsyl- Digestive and Kidney Diseases and the items in the War Reserves Stockpile for Al- vania (Mr. SANTORUM) was added as a lies, Korea; considered and passed. Centers for Disease Control and Pre- cosponsor of S. 1191, a bill to establish vention with respect to inflammatory f a grant program to provide innovative bowel disease. SUBMISSION OF CONCURRENT AND transportation options to veterans in S. 1947 SENATE RESOLUTIONS remote rural areas. At the request of Mr. SUNUNU, the S. 1462 The following concurrent resolutions name of the Senator from South Da- At the request of Mr. BROWNBACK, the and Senate resolutions were read, and kota (Mr. JOHNSON) was added as a co- name of the Senator from Vermont referred (or acted upon), as indicated: sponsor of S. 1947, a bill to amend chap- (Mr. LEAHY) was added as a cosponsor By Mr. VITTER: ter 21 of title 38, United States Code, to of S. 1462, a bill to promote peace and S. Con. Res. 63. A concurrent resolution enhance adaptive housing assistance supporting the goals and ideals of National accountability in Sudan, and for other for disabled veterans. High School Seniors Voter Registration Day; purposes. to the Committee on Rules and Administra- S. 1959 S. 1488 tion. At the request of Mr. VITTER, the At the request of Mr. KERRY, the By Mr. BURNS (for himself, Mr. name of the Senator from Minnesota LEAHY, Mr. INOUYE, Mr. SMITH, Mr. name of the Senator from North Caro- OLEMAN STEVENS, Mr. SUNUNU, Mr. NELSON of lina (Mr. BURR) was added as a cospon- (Mr. C ) was added as a cospon- Florida, and Mrs. HUTCHISON): sor of S. 1488, a bill to withhold funding sor of S. 1959, a bill to direct the Archi- S. Con. Res. 64. A concurrent resolution ex- from the United Nations if the United tect of the Capitol to obtain a statue of pressing the sense of the Congress regarding Nations abridges the rights provided by Rosa Parks and to place the statue in oversight of the Internet Corporation for As- the Second Amendment to the Con- the United States Capitol in National signed Names and Numbers; to the Com- Statuary Hall. mittee on Commerce, Science, and Transpor- stitution, and for other purposes. tation. S. 1508 S. RES. 232 f At the request of Mr. FEINGOLD, the At the request of Mr. KENNEDY, the name of the Senator from Indiana (Mr. name of the Senator from Colorado ADDITIONAL COSPONSORS LUGAR) was added as a cosponsor of S. (Mr. SALAZAR) was added as a cospon- S. 558 1508, a bill to require Senate candidates sor of S. Res. 232, a resolution cele- At the request of Mr. REID, the name to file designations, statements, and brating the 40th anniversary of the en- of the Senator from Kansas (Mr. reports in electronic form. actment of the Voting Rights Act of BROWNBACK) was added as a cosponsor S. 1520 1965 and reaffirming the commitment of S. 558, a bill to amend title 10, At the request of Mrs. FEINSTEIN, the of the Senate to ensuring the contin- United States Code, to permit certain name of the Senator from Indiana (Mr. ued effectiveness of the Act in pro- additional retired members of the BAYH) was added as a cosponsor of S. tecting the voting rights of all citizens Armed Forces who have a service-con- 1520, a bill to prohibit human cloning. of the United States. nected disability to receive both dis- S. 1740 S. RES. 273 ability compensation from the Depart- At the request of Mr. CRAPO, the ment of Veterans Affairs for their dis- At the request of Mr. COLEMAN, the name of the Senator from South Caro- ability and either retired pay by reason name of the Senator from Utah (Mr. lina (Mr. DEMINT) was added as a co- of their years of military service or BENNETT) was added as a cosponsor of sponsor of S. 1740, a bill to amend the Combat-Related Special compensation S. Res. 273, a resolution expressing the Internal Revenue Code of 1986 to allow and to eliminate the phase-in period sense of the Senate that the United Na- individuals to defer recognition of rein- under current law with respect to such tions and other international organiza- vested capital gains distributions from concurrent receipt. tions shall not be allowed to exercise regulated investment companies. control over the Internet. S. 632 S. 1800 At the request of Mr. LUGAR, the AMENDMENT NO. 2433 name of the Senator from South Caro- At the request of Ms. SNOWE, the At the request of Mr. CHAMBLISS, the lina (Mr. GRAHAM) was added as a co- name of the Senator from Georgia (Mr. name of the Senator from Nebraska sponsor of S. 632, a bill to authorize the ISAKSON) was added as a cosponsor of S. (Mr. HAGEL) was added as a cosponsor extension of unconditional and perma- 1800, a bill to amend the Internal Rev- of amendment No. 2433 proposed to S. nent nondiscriminatory treatment enue Code of 1986 to extend the new 1042, an original bill to authorize ap- (permanent normal trade relations markets tax credit. propriations for fiscal year 2006 for treatment) to the products of Ukraine, S. 1865 military activities of the Department and for other purposes. At the request of Mrs. DOLE, the of Defense, for military construction, S. 633 name of the Senator from Georgia (Mr. and for defense activities of the De- At the request of Mr. JOHNSON, the CHAMBLISS) was added as a cosponsor of partment of Energy, to prescribe per- name of the Senator from Vermont S. 1865, a bill to establish the South- sonnel strengths for such fiscal year (Mr. LEAHY) was added as a cosponsor East Crescent Authority, and for other for the Armed Forces, and for other of S. 633, a bill to require the Secretary purposes. purposes. of the Treasury to mint coins in com- S. 1926 At the request of Mr. WARNER, his memoration of veterans who became At the request of Mr. INHOFE, the name was added as a cosponsor of disabled for life while serving in the name of the Senator from South Da- amendment No. 2433 proposed to S. Armed Forces of the United States. kota (Mr. THUNE) was added as a co- 1042, supra.

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At the request of Mr. NELSON of Ne- (Mr. BURNS), the Senator from Wyo- Today, the Senate is holding impor- braska, his name was added as a co- ming (Mr. THOMAS), the Senator from tant hearings on energy. I am con- sponsor of amendment No. 2433 pro- Wyoming (Mr. ENZI), the Senator from cerned, however, that instead of offer- posed to S. 1042, supra. North Dakota (Mr. DORGAN) and the ing answers and solutions, the oil com- AMENDMENT NO. 2437 Senator from Utah (Mr. HATCH) were panies will blame OPEC for the high At the request of Mr. WARNER, his added as cosponsors of amendment No. price of gasoline, diesel fuel, and home name was added as a cosponsor of 2448 proposed to S. 1042, an original bill heating oil. We should not let them get amendment No. 2437 intended to be pro- to authorize appropriations for fiscal away with that because OPEC is only posed to S. 1042, an original bill to au- year 2006 for military activities of the part of the story. thorize appropriations for fiscal year Department of Defense, for military While the price of gasoline rose to 2006 for military activities of the De- construction, and for defense activities record levels in recent months, the oil partment of Defense, for military con- of the Department of Energy, to pre- companies were earning increasingly struction, and for defense activities of scribe personnel strengths for such fis- high profits on each gallon of gasoline. the Department of Energy, to prescribe cal year for the Armed Forces, and for One measure is the ‘‘domestic spread,’’ personnel strengths for such fiscal year other purposes. the retail gasoline pump price minus the cost of crude oil and taxes. During for the Armed Forces, and for other f purposes. the 1900s, the domestic spread was At the request of Mr. TALENT, his STATEMENTS ON INTRODUCED about 40 cents per gallon for regular name was added as a cosponsor of BILLS AND JOINT RESOLUTIONS gas. This number has grown sharply amendment No. 2437 intended to be pro- By Mr. KOHL: since 2000. The domestic spread aver- posed to S. 1042, supra. S. 1979. A bill to provide for the es- aged above 50 cents per gallon between AMENDMENT NO. 2440 tablishment of a strategic refinery re- 2000 and 2004, and has reached as high At the request of Mr. INHOFE, the serve, and for other purposes; to the as over 70 cents per gallon in recent names of the Senator from Tennessee Committee on Energy and Natural Re- months. In other words, the oil compa- (Mr. FRIST), the Senator from Colorado sources. nies are earning much more today for a (Mr. ALLARD), the Senator from Texas Mr. KOHL. Madam President, I rise gallon of gas, even factoring in the (Mr. CORNYN), the Senator from Geor- today to speak briefly about an amend- higher price of crude oil. gia (Mr. ISAKSON), the Senator from ment Senator JEFFORDS and I had Growing oil company profits also Wyoming (Mr. ENZI), the Senator from hoped to offer to the Defense author- demonstrate this point: Oil industry North Carolina (Mrs. DOLE) and the ization bill. I understand it is not con- profits, after tax, increased by $100 bil- Senator from Kansas (Mr. BROWNBACK) sidered relevant, so we won’t get a lion in the 5 years from 2000 to 2004, as were added as cosponsors of amend- vote. That is unfortunate. I cannot compared to the previous 5-year period. ment No. 2440 proposed to S. 1042, an imagine what is more relevant to the ExxonMobil’s earnings for the first 9 original bill to authorize appropria- defense of our Nation than an amend- months of 2005—over $25 billion—al- tions for fiscal year 2006 for military ment that would do something con- ready exceeded its full-year earnings activities of the Department of De- crete about high energy prices, about for all of 2004. So obviously, these com- fense, for military construction, and national security, and about economic panies are doing much more than just for defense activities of the Depart- security—all with one vote. passing along higher crude oil prices to ment of Energy, to prescribe personnel Our amendment, which we are intro- customers. strengths for such fiscal year for the ducing today as a freestanding bill One major reason for these soaring prices and profits is the oil industry’s Armed Forces, and for other purposes. along with Senator FEINSTEIN, would failure to increase refining capacity in At the request of Mr. WARNER, his authorize the Department of Energy to the face of rising demand for refined name was added as a cosponsor of build enough refining capacity to meet petroleum products. A new refinery has amendment No. 2440 proposed to S. the energy needs of the Federal Gov- not been built in the United States 1042, supra. ernment—primarily the Department of since the 1970s, and many oil refineries AMENDMENT NO. 2443 Defense—and also to supply the private have been closed. In 1985, refining ca- At the request of Mr. ENSIGN, the market in times of shortages and price pacity equaled daily consumption of name of the Senator from Virginia (Mr. spikes. petroleum products. By 2002, daily con- ALLEN) was added as a cosponsor of There is bipartisan agreement that sumption exceeded refining capacity by amendment No. 2443 proposed to S. increasing refining capacity in the 1042, an original bill to authorize ap- almost 20 percent. United States would help avoid the As domestic supply falls short of do- propriations for fiscal year 2006 for kinds of energy price spikes we have mestic demand, three very dangerous military activities of the Department seen in the last few months. There also things happen: 1, we are forced to rely of Defense, for military construction, seems to be clear evidence that, despite on more imports. 2, we pay higher and and for defense activities of the De- generous incentives from the Govern- higher prices for our fuel. And, 3, our partment of Energy, to prescribe per- ment and soaring profits, the oil com- economy is increasingly vulnerable to sonnel strengths for such fiscal year panies are not interested in building disasters and disruptions—like those for the Armed Forces, and for other the new refineries we need. And in a we saw in the wake of Hurricanes purposes. free market, of course, that is their Katrina and Rita. AMENDMENT NO. 2445 choice. The bill we are introducing would au- At the request of Mr. MARTINEZ, his But in a democracy, we in Congress thorize the Department of Energy to name was added as a cosponsor of are charged with making a different create a refining capacity equal to 5 amendment No. 2445 intended to be pro- choice. We need to do what is best for percent of current domestic consump- posed to S. 1042, an original bill to au- our national and economic security. tion. These refineries would supply the thorize appropriations for fiscal year And, in this case, that would be to stop Federal Government’s need for petro- 2006 for military activities of the De- begging and bribing the oil companies. leum products, estimated to be roughly partment of Defense, for military con- By building our own refining capacity, 2 percent of U.S. consumption. The struction, and for defense activities of we would be able to supply the fuel extra 3 percent of capacity would be the Department of Energy, to prescribe needs of the Federal Government at available for emergencies and market personnel strengths for such fiscal year what it actually costs to make that disruptions. for the Armed Forces, and for other fuel. And we would also be able to hold This ‘‘Strategic Refining Reserve’’ purposes. in reserve refining capacity that we would have a direct effect on energy AMENDMENT NO. 2448 could access to bring down the cost of prices to the consumer. It would get At the request of Mr. CONRAD, the gas in times when shortages raise the Federal Government out of the pri- names of the Senator from Montana prices. vate market where its huge demand for

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25541 energy drives up prices. And it would (1) the impact of the refinery on the local (A) in accordance with the Clean Air Act increase the amount of oil that can be community, as determined after requesting (42 U.S.C. 7401 et seq.), supplies of clean fuel; refined in this country in times when and reviewing any comments from State and (B) petroleum product prices; the oil companies’ refining capacity is local governments and the public; (C) competition in the refining industry; (2) regional vulnerability to— (D) the national economy; tapped out. (A) natural disasters; and (E) regional economies; We have a duty to protect consumers, (B) terrorist attacks; (F) regional supplies of refined petroleum our economy, and our national security (3) the proximity of the refinery to the products; from an industry that often seems fo- Strategic Petroleum Reserve; (G) the supply of fuel to the Department of cused only on the short-term bottom (4) the accessibility of the refinery to en- Defense; and line. We have a duty to respond with ergy infrastructure and Federal facilities (H) energy security. concrete help for the families and busi- (including facilities under the jurisdiction of nesses that tell us daily of the enor- the Department of Defense); By Ms. MURKOWSKI: S. 1980. A bill to provide habitable mous financial threat posed by soaring (5) the need to minimize adverse public health and environmental impacts; and living quarters for teachers, adminis- energy prices. And we have a duty to (6) the energy needs of the Federal Govern- trators, and other school staff, and make sure our military has access to a ment (including the Department of Defense). their households, in rural areas of steady, affordable supply of domesti- (e) INCREASED CAPACITY.—The Secretary of Alaska located in or near Alaska Na- cally refined fuel. Energy shall ensure that refineries in the tive villages; to the Committee on In- Though we will not be able to offer Reserve are designed to provide a rapid in- dian Affairs. this proposal as an amendment to the crease in production capacity during periods Ms. MURKOWSKI. Mr. President, I DOD authorization bill, we have intro- described in subsection (c). rise to introduce a bill that will have a duced it as a bill, and we plan to con- (f) IMPLEMENTATION PLAN.— (1) IN GENERAL.—Not later than 180 days profound effect on the retention of tinue to look for opportunities for a after the date of the enactment of this Act, teachers, administrators, and other vote. We need to take sole control of the Secretary of Energy shall submit to Con- school staff in remote and rural areas fuel prices away from the oil compa- gress a plan for the establishment and oper- of Alaska. nies. We need to take charge and bring ation of the Reserve under this section. In rural areas of Alaska, school dis- the price of fuel down by building this (2) REQUIREMENTS.—The plan required tricts face the challenge of recruiting ‘‘Strategic Refinery Reserve.’’ under paragraph (1) shall— (A)(i)(I) provide for, within 2 years after and retaining teachers, administrators I ask unanimous consent that the and other school staff due to the lack text of the bill be printed in the the date of enactment of this Act, a capacity within the Reserve equal to 5 percent of the of housing. In one particular year in RECORD. the Lower Kuskokwim School District There being objection, the bill was total United States daily demand for gaso- line, diesel, and aviation fuel; and in western Alaska, they hired one ordered to be printed in the RECORD, as (II) provide for a capacity within the Re- teacher for every six who decided not follows: serve such that not less than 75 percent of to accept job offers. Half of the appli- S. 1979 the gasoline and diesel fuel produced by the cants who did not accept a teaching po- Be it enacted by the Senate and House of Rep- Reserve contain an average of 10 percent re- sition in that district indicated that resentatives of the United States of America in newable fuel (as that term is defined in 211(o)(1)(C) of the Clean Air Act (42 U.S.C. their decision was related to the lack Congress assembled, of housing. SECTION 1. STRATEGIC REFINERY RESERVE. 7545(o)(1)(C)); or (ii) if the Secretary of Energy finds that In 2003, I traveled through rural Alas- (a) ESTABLISHMENT.— achieving the capacity described in either ka with then-Education Secretary Rod (1) IN GENERAL.—The Secretary of Energy shall establish and operate a Strategic Refin- subclause (I) or (II) of clause (i) is not fea- Paige. I wanted him to see the chal- ery Reserve (referred to in this section as the sible within 2 years, include— lenges of educating children in such a ‘‘Reserve’’) in the United States. (I) an explanation from the Secretary of remote and rural environment. At the Energy of the reasons why achieving the ca- (2) AUTHORITIES.—To carry out this sub- village school in Savoonga, the prin- section, the Secretary of Energy may con- pacity within the timeframe is not feasible; cipal slept in a broom closet in the tract for— and school due to the lack of housing in (II) provisions for achieving the required (A) the construction or operation of new that village. The special education refineries; or capacity as soon as practicable; and (B) provide for adequate delivery systems teacher slept in her classroom, bring- (B) the acquisition or reopening of closed ing a mattress out each evening to refineries. capable of providing Reserve product to the (b) OPERATION.—The Secretary of Energy entities described in subsection (b)(1). sleep on the floor. The other teachers shall operate the Reserve— (g) COORDINATION.—The Secretary of En- shared housing in a single home. Need- (1) to provide petroleum products to— ergy shall carry out this section in coordina- less to say, there is not enough room (A) the Federal Government (including the tion with the Secretary of Defense. for the teachers’ spouses. Unfortu- (h) COMPLIANCE WITH FEDERAL ENVIRON- Department of Defense); and nately, Savoonga is not an isolated ex- MENTAL REQUIREMENTS.—Nothing in this sec- (B) any State governments and political ample of the teacher housing situation subdivisions of States that opt to purchase tion affects any requirement to comply with Federal or State environmental or other in rural Alaska. refined petroleum products from the Re- Rural Alaskan school districts expe- serve; and laws. (2) to provide petroleum products to the SEC. 2. REPORTS ON REFINERY CLOSURES. rience a high rate of teacher turnover general public during any period described in (a) REPORTS TO SECRETARY OF ENERGY.— due to the lack of housing. Turnover is subsection (c). (1) IN GENERAL.—Not later than 180 days as high as 30 percent each year in some (c) EMERGENCY PERIODS.—The Secretary of before permanently closing a refinery in the rural areas with housing issues being a Energy shall make petroleum products from United States, the owner or operator of the major factor. How can we expect our the Reserve available under subsection (b)(2) refinery shall provide to the Secretary of En- children to receive a quality education ergy notice of the closing. only if the President determines that— when the good teachers don’t stay? (1) there is a severe energy supply inter- (2) REQUIREMENTS.—The notice required ruption within the meaning of the term under paragraph (1) with respect to a refin- How can we meet the mandates of No under section 3 of the Energy Policy and ery to be closed shall include an explanation Child Left Behind in such an edu- Conservation Act (42 U.S.C. 6202); or of the reasons for the closing of the refinery. cational environment? Clearly, the (2)(A) there is a regional petroleum prod- (b) REPORTS TO CONGRESS.—The Secretary lack of teacher housing in rural Alaska uct supply shortage of significant scope and of Energy shall, in consultation with the is an issue that must be addressed in duration; and Secretary of Defense, the Administrator of order to ensure that children in rural (B) action taken under subsection (b)(2) the Environmental Protection Agency, and Alaska receive the same level of edu- the Federal Trade Commission and as soon would directly and significantly assist in re- cation as their peers in more urban set- ducing the adverse impact of the shortage. as practicable after receipt of a report under (d) LOCATIONS.—In determining the loca- subsection (a), submit to Congress— tings. tion of a refinery for inclusion in the Re- (1) the report; and My bill authorizes the Department of serve, the Secretary of Energy shall take (2) an analysis of the effects of the pro- Housing and Urban Development to into account— posed closing covered by the report on— provide teacher housing funds to the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25542 CONGRESSIONAL RECORD—SENATE November 9, 2005 Alaska Housing Finance Corporation, Secondary Education Act of 1965 (20 U.S.C. under subsection (a) to provide grants and which is a State agency. In turn, the 7801). loans to eligible school districts for use in corporation is authorized to provide (3) ELIGIBLE SCHOOL DISTRICT.—The term accordance with paragraph (2). grant and loan funds to rural school ‘‘eligible school district’’ means a public (2) USE OF FUNDS BY ELIGIBLE SCHOOL DIS- school district (as defined under the laws of TRICTS.—An eligible school district shall use districts in Alaska for teacher housing the State of Alaska) located in the State of a grant or loan under paragraph (1) for— projects. Alaska that operates 1 or more schools in a (A) the construction of new housing units This legislation will allow school dis- qualified community. in a qualified community; tricts in rural Alaska to address the (4) NATIVE VILLAGE.— (B) the purchase and rehabilitation of ex- housing shortage in the following (A) IN GENERAL.—The term ‘‘Native vil- isting structures to be used as housing units ways: construct housing units; pur- lage’’ has the meaning given the term in sec- in a qualified community; chase housing units; lease housing tion 3 of the Alaska Native Claims Settle- (C) the rehabilitation of housing units in a ment Act (43 U.S.C. 1602). units; rehabilitate housing units; pur- qualified community; (B) INCLUSION.—The term ‘‘Native village’’ (D) the leasing of housing units in a quali- chase or lease property on which hous- includes the Metlakatla Indian Community fied community; ing units will be constructed, pur- of the Annette Islands Reserve. (E) purchasing or leasing real property on chased or rehabilitated; repay loans se- (5) OTHER SCHOOL STAFF.—The term ‘‘other which housing units will be constructed, pur- cured for teacher housing projects; and school staff’’ means— chased, or rehabilitated in a qualified com- conduct any other activities normally (A) pupil services personnel; munity; related to the construction, purchase, (B) librarians; (F) the repayment of a loan to— (C) career guidance and counseling per- (i) construct, purchase, or rehabilitate or rehabilitation of teacher housing sonnel; projects. housing units; (D) education aides; and (ii) purchase real property on which hous- Eligible school districts that accept (E) other instructional and administrative ing units will be constructed, purchased, or funds under this legislation will be re- school personnel. rehabilitated in a qualified community; or quired to provide the housing to teach- (6) QUALIFIED COMMUNITY.—The term (iii) carry out an activity described in sub- ers, administrators, other school staff, ‘‘qualified community’’ means a home rule paragraph (G); and and members of their households. city or a general law city incorporated under (G) any other activity normally associated the laws of the State of Alaska, or an unin- It is imperative that we address this with the construction, purchase, or rehabili- corporated community (as defined under the tation of housing units, or the purchase or important issue and allow the disburse- laws of the State of Alaska) in the State of ment of funds to be handled at the lease of real property on which housing units Alaska located outside the boundaries of will be constructed, purchased, or rehabili- State level. The quality of education of such a city, that, as determined by the Alas- tated, in a qualified community, including— our rural students is at stake. ka Housing Finance Corporation— (i) connecting housing units to a utility; I ask unanimous consent that the (A) has a population of not greater than (ii) preparing construction sites; 6,500 individuals; text of the bill be printed in the (iii) transporting any equipment or mate- (B) is located in or near a Native village; rial necessary for the construction or reha- RECORD. and bilitation of housing units to and from the There being no objection, the bill was (C) is not connected by road or railroad to site on which the housing units are or will be ordered to be printed in the RECORD, as the municipality of Anchorage, Alaska, ex- constructed; and follows: cluding any connection— (iv) carrying out an environmental assess- (i) by the Alaska Marine Highway System S. 1980 ment and remediation of a construction site created under the laws of the State of Alas- or a site on which housing units are located. Be it enacted by the Senate and House of Rep- ka; or (c) OWNERSHIP OF HOUSING AND LAND.— resentatives of the United States of America in (ii) that requires travel by road through (1) IN GENERAL.—Any housing unit con- Congress assembled, Canada. structed, purchased, or rehabilitated, and SECTION 1. SHORT TITLE. (7) SECONDARY SCHOOL.—The term ‘‘sec- any real property purchased, using a grant or This Act may be cited as the ‘‘Rural ondary school’’ has the meaning given the loan provided under this section shall be con- Teacher Housing Act of 2005’’. term in section 9101 of the Elementary and sidered to be owned, as the Secretary deter- SEC. 2. FINDINGS AND PURPOSE. Secondary Education Act of 1965 (20 U.S.C. 7801). mines to be appropriate, by— (a) FINDINGS.—Congress finds that— (8) SECRETARY.—The term ‘‘Secretary’’ (A) the affected eligible school district; (1) housing for teachers, administrators, (B) the affected municipality, as defined other school staff, and the households of means the Secretary of Housing and Urban Development. under the laws of the State of Alaska; such staff in remote and rural areas of the (C) the affected Village Corporation; State of Alaska is often substandard, if (9) TEACHER.—The term ‘‘teacher’’ means an individual who— (D) the Metlakatla Indian Community of available at all; (A) is employed as a teacher in a public el- the Annette Islands Reserve; or (2) teachers, administrators, other school ementary school or secondary school; and (E) a tribally designated housing entity. staff, and the households of such staff are (B) meets the teaching certification or li- (2) TRANSFER OF OWNERSHIP.—Ownership of often forced to find alternate shelter, some- censure requirements of the State of Alaska. a housing unit or real property under para- times even in school buildings; and (10) TRIBALLY DESIGNATED HOUSING ENTI- graph (1) may be transferred between the en- (3) rural school districts in the State of TY.—The term ‘‘tribally designated housing tities described in that paragraph. Alaska face increased challenges, including entity’’ has the meaning given the term in (d) OCCUPANCY OF HOUSING UNITS.— meeting the requirements of the Elementary section 4 of the Native American Housing (1) IN GENERAL.—Except as provided in and Secondary Education Act of 1965 (20 Assistance and Self-Determination Act of paragraphs (2) and (3), each housing unit con- U.S.C. 6301 et seq.), in recruiting employees 1996 (25 U.S.C. 4103). structed, purchased, rehabilitated, or leased due to the lack of affordable, quality hous- (11) VILLAGE CORPORATION.— using a grant or loan under this section shall ing. (A) IN GENERAL.—The term ‘‘Village Cor- be occupied by— (b) PURPOSE.—The purpose of this Act is to poration’’ has the meaning given the term in (A)(i) a teacher; provide habitable living quarters for teach- section 3 of the Alaska Native Claims Settle- (ii) an administrator; or ers, administrators, other school staff, and ment Act (43 U.S.C. 1602). (iii) other school staff; and the households of such staff in rural areas of (B) INCLUSIONS.—The term ‘‘Village Cor- (B) the household of an individual de- the State of Alaska located in or near Alas- poration’’ includes, as defined in section 3 of scribed in subparagraph (A), if any. ka Native villages. that Act (43 U.S.C. 1602)— (2) NONSESSION MONTHS.—A housing unit SEC. 3. DEFINITIONS. (i) Urban Corporations; and constructed, purchased, rehabilitated, or In this Act: (ii) Group Corporations. leased using a grant or loan under this sec- (1) ALASKA HOUSING FINANCE CORPORA- SEC. 4. RURAL TEACHER HOUSING PROGRAM. tion may be occupied by an individual other TION.—The term ‘‘Alaska Housing Finance (a) IN GENERAL.—The Secretary shall pro- an individual described in paragraph (1) only Corporation’’ means the State housing au- vide funds to the Alaska Housing Finance during a period in which school is not in ses- thority for the State of Alaska created under Corporation in accordance with regulations sion. the laws of the State of Alaska (or a suc- promulgated under section 5 for use in ac- (3) TEMPORARY OCCUPANTS.—A vacant hous- cessor authority). cordance with subsection (b). ing unit constructed, purchased, rehabili- (2) ELEMENTARY SCHOOL.—The term ‘‘ele- (b) USE OF FUNDS.— tated, or leased using a grant or loan under mentary school’’ has the meaning given the (1) IN GENERAL.—The Alaska Housing Fi- this section may be occupied by a contractor term in section 9101 of the Elementary and nance Corporation shall use funds provided or guest of an eligible school district for a

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25543 period to be determined by the Alaska Hous- ‘‘Sec. 5897. Windfall profit; removal price; ‘‘SEC. 5898. SPECIAL RULES AND DEFINITIONS . ing Finance Corporation, by regulation. adjusted base price; qualified ‘‘(a) WITHHOLDING AND DEPOSIT OF TAX.— (e) COMPLIANCE WITH LAW.—An eligible investment. The Secretary shall provide such rules as are school district that receives a grant or loan ‘‘Sec. 5898. Special rules and definitions. necessary for the withholding and deposit of under this section shall ensure that each ‘‘SEC. 5896. IMPOSITION OF TAX. the tax imposed under section 5896 on any housing unit constructed, purchased, reha- ‘‘(a) IN GENERAL.—In addition to any other taxable crude oil. bilitated, or leased using the grant or loan tax imposed under this title, there is hereby ‘‘(b) RECORDS AND INFORMATION.—Each tax- complies with applicable laws (including reg- imposed on any integrated oil company (as payer liable for tax under section 5896 shall ulations and ordinances). defined in section 291(b)(4)) an excise tax keep such records, make such returns, and (f) PROGRAM POLICIES.— equal to the amount equal to 50 percent of furnish such information (to the Secretary (1) IN GENERAL.—The Alaska Housing Fi- the windfall profit from all barrels of taxable and to other persons having an interest in nance Corporation, in consultation with any crude oil removed from the property during the taxable crude oil) with respect to such appropriate eligible school district, shall es- each taxable year. oil as the Secretary may by regulations pre- tablish policies governing the administra- ‘‘(b) FRACTIONAL PART OF BARREL.—In the scribe. tion of grants and loans under this section, case of a fraction of a barrel, the tax imposed ‘‘(c) RETURN OF WINDFALL PROFIT TAX.— including a method of ensuring that funds by subsection (a) shall be the same fraction The Secretary shall provide for the filing and are made available on an equitable basis to of the amount of such tax imposed on the the time of such filing of the return of the eligible school districts. whole barrel. tax imposed under section 5896. ‘‘(c) TAX PAID BY PRODUCER.—The tax im- (2) REVISIONS.—Not less frequently than ‘‘(d) DEFINITIONS.—For purposes of this posed by this section shall be paid by the once every 3 years, the Alaska Housing Fi- producer of the taxable crude oil. chapter— nance Corporation, in consultation with any ‘‘(1) PRODUCER.—The term ‘producer’ appropriate eligible school district, shall ‘‘SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE PRICE. means the holder of the economic interest take into consideration revisions to the poli- ‘‘(a) GENERAL RULE.—For purposes of this with respect to the crude oil. cies established under paragraph (1). chapter, the term ‘windfall profit’ means the ‘‘(2) CRUDE OIL.— SEC. 5. REGULATIONS. excess of the removal price of the barrel of ‘‘(A) IN GENERAL.—The term ‘crude oil’ in- Not later than 1 year after the date of en- taxable crude oil over the adjusted base price cludes crude oil condensates and natural gas- actment of this Act, the Secretary shall pro- of such barrel. oline. mulgate such regulations as are necessary to ‘‘(b) REMOVAL PRICE.—For purposes of this ‘‘(B) EXCLUSION OF NEWLY DISCOVERED carry out this Act. chapter— OIL.—Such term shall not include any oil SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ‘‘(1) IN GENERAL.—Except as otherwise pro- produced from a well drilled after the date of (a) IN GENERAL.—There are authorized to vided in this subsection, the term ‘removal the enactment of the Windfall Profits Tax be appropriated to the Secretary such sums price’ means the amount for which the barrel Act of 2005, except with respect to any oil as are necessary to carry out this Act for of taxable crude oil is sold. produced from a well drilled after such date each of fiscal years 2007 through 2016. ‘‘(2) SALES BETWEEN RELATED PERSONS.—In on any proven oil or gas property (within the (b) ADMINISTRATIVE EXPENSES.—Each of the case of a sale between related persons, meaning of section 613A(c)(9)(A)). the Secretary and the Alaska Housing Fi- the removal price shall not be less than the ‘‘(3) BARREL.—The term ‘barrel’ means 42 nance Corporation shall use not more than 5 constructive sales price for purposes of de- United States gallons. percent of funds appropriated during a fiscal termining gross income from the property ‘‘(e) ADJUSTMENT OF REMOVAL PRICE.—In year to pay administrative expenses incurred under section 613. determining the removal price of oil from a in carrying out this Act. ‘‘(3) OIL REMOVED FROM PROPERTY BEFORE property in the case of any transaction, the SALE.—If crude oil is removed from the prop- Secretary may adjust the removal price to By Mr. DURBIN: erty before it is sold, the removal price shall reflect clearly the fair market value of oil S. 1981. A bill to amend the Internal be the constructive sales price for purposes removed. Revenue Code of 1986 to impose a tem- of determining gross income from the prop- ‘‘(f) REGULATIONS.—The Secretary shall erty under section 613. porary windfall profit tax on crude oil, prescribe such regulations as may be nec- ‘‘(4) REFINING BEGUN ON PROPERTY.—If the essary or appropriate to carry out the pur- to rebate a portion of the tax collected manufacture or conversion of crude oil into poses of this chapter. back to American consumers, to fund refined products begins before such oil is re- ‘‘(g) TERMINATION.—This section shall not programs under the Low-Income Home moved from the property— apply to taxable crude oil removed after the Energy Assistance Act of 1981 and tax ‘‘(A) such oil shall be treated as removed date which is 10 years after the date of the incentives for the manufacture of en- on the day such manufacture or conversion enactment of this section.’’. ergy efficient motor vehicles by using begins, and (b) CLERICAL AMENDMENT.—The table of a portion of the proceeds of such tax, ‘‘(B) the removal price shall be the con- chapters for subtitle E of the Internal Rev- structive sales price for purposes of deter- and to deposit the balance of the tax enue Code of 1986 is amended by adding at mining gross income from the property the end the following new item: collected into the Highway Trust Fund under section 613. ‘‘CHAPTER 56. Windfall Profit on Crude Oil.’’. to support the funding of highway ‘‘(5) PROPERTY.—The term ‘property’ has projects and to aid highway users, and the meaning given such term by section 614. (c) DEDUCTIBILITY OF WINDFALL PROFIT for other purposes; to the Committee ‘‘(c) ADJUSTED BASE PRICE DEFINED.— TAX.—The first sentence of section 164(a) of on Finance. ‘‘(1) IN GENERAL.—For purposes of this the Internal Revenue Code of 1986 (relating Mr. DURBIN. Mr. President, I ask chapter, the term ‘adjusted base price’ to deduction for taxes) is amended by insert- means $40 for each barrel of taxable crude oil ing after paragraph (5) the following new unanimous consent that the text of the plus an amount equal to— paragraph: bill be printed in the RECORD. ‘‘(A) such base price, multiplied by ‘‘(6) The windfall profit tax imposed by sec- There being no objection, the bill was ‘‘(B) the inflation adjustment for the cal- tion 5896.’’. ordered to be printed in the RECORD, as endar year in which the taxable crude oil is (d) AMERICAN CONSUMER REBATE.— follows: removed from the property. (1) IN GENERAL.—Subchapter B of chapter S. 1981 The amount determined under the preceding 65 of the Internal Revenue Code of 1986 (re- lating to rules of special application in the Be it enacted by the Senate and House of Rep- sentence shall be rounded to the nearest case of abatements, credits, and refunds) is resentatives of the United States of America in cent. amended by adding at the end the following Congress assembled, ‘‘(2) INFLATION ADJUSTMENT.— new section: SECTION 1. SHORT TITLE. ‘‘(A) IN GENERAL.—For purposes of para- ‘‘SEC. 6430. AMERICAN CONSUMER REBATE. This Act may be cited as the ‘‘Windfall graph (1), the inflation adjustment for any Profits Tax Act of 2005’’. calendar year after 2006 is the percentage by ‘‘(a) GENERAL RULE.—Except as otherwise which— provided in this section, each individual SEC. 2. WINDFALL PROFITS TAX. ‘‘(i) the implicit price deflator for the gross shall be treated as having made a payment (a) IN GENERAL.—Subtitle E of the Internal national product for the preceding calendar against the tax imposed by chapter 1 in an Revenue Code of 1986 (relating to alcohol, to- year, exceeds amount equal to— bacco, and certain other excise taxes) is ‘‘(ii) such deflator for the calendar year ‘‘(1) in the case of any taxable year begin- amended by adding at the end thereof the ending December 31, 2005. ning in 2006, $150, and following new chapter: ‘‘(B) FIRST REVISION OF PRICE DEFLATOR ‘‘(2) in the case of any taxable year begin- ‘‘CHAPTER 56—WINDFALL PROFITS ON USED.—For purposes of subparagraph (A), the ning after 2006, the applicable amount. CRUDE OIL first revision of the price deflator shall be ‘‘(b) APPLICABLE AMOUNT.—For purposes of ‘‘Sec. 5896. Imposition of tax. used. this section, the applicable amount for any

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taxpayer for any taxable year shall be deter- Revenue Code of 1986 (relating to foreign tax ‘‘(1) INITIAL INVESTMENT CREDIT AND FUEL mined by the Secretary not later than De- credit, etc.) is amended by adding at the end ECONOMY ACHIEVEMENT CREDIT.—Subject to cember 31 (beginning in 2007) taking into ac- the following new section: paragraph (2), the aggregate amount of ini- count the number of such taxpayers and 75 ‘‘SEC. 30D. ENERGY EFFICIENT MOTOR VEHICLES tial investment credits and fuel economy percent of the amount of revenues in the MANUFACTURING CREDIT. achievement credits allowed under sub- Treasury resulting from the tax imposed by ‘‘(a) CREDIT ALLOWED.—In the case of an el- section (a) for any taxable year beginning in section 5896 for such taxable year. igible taxpayer, subject to a credit alloca- a calendar year after 2005 shall be allocated ‘‘(c) CREDITS AND REFUNDS.—Under regula- tion under subsection (e) to such eligible by the Secretary among all eligible tax- tions prescribed by the Secretary, any taxpayer, there shall be allowed as a credit payers— amount treated as a payment under sub- against the tax imposed by this chapter for ‘‘(A) based on each eligible taxpayer’s per- section (a) for the taxable year shall be cred- the taxable year to an amount equal to the centage of the total qualified investment of ited against the tax liability of the taxpayer sum of— all such taxpayers, and under section 1 for such taxable year or, in ‘‘(1) the initial investment credit deter- ‘‘(B) such that such aggregate amount does the absence of such tax liability of the tax- mined under subsection (b) for the taxable not exceed— payer for such taxable year, refunded to the year, ‘‘(i) $1,000,000,000, plus taxpayer. ‘‘(2) the fuel economy achievement credit ‘‘(ii) any amount of credit unallocated dur- ‘‘(d) CERTAIN PERSONS NOT ELIGIBLE.—This determined under subsection (c) for such tax- ing any preceding calendar year. section shall not apply to— able year, and ‘‘(2) ELIGIBLE COMPONENTS R&D CREDIT.—Of ‘‘(1) any individual with respect to whom a ‘‘(3) the eligible components R&D credit the dollar amount available for allocation deduction under section 151 is allowable to determined under subsection (d) for such tax- under paragraph (1) for any taxable year, 10 another taxpayer for a taxable year begin- able year. percent of such amount shall be allocated in ning in the calendar year in which such indi- ‘‘(b) INITIAL INVESTMENT CREDIT.—For pur- the same manner by the Secretary among all vidual’s taxable year begins, poses of this section, the initial investment eligible taxpayers with respect to the eligi- ‘‘(2) any estate or trust, or credit is equal to 20 percent of the qualified ble components R&D credit. ‘‘(3) any nonresident alien individual.’’. investment of an eligible taxpayer with re- ‘‘(f) QUALIFIED INVESTMENT.—For purposes (2) CONFORMING AMENDMENT.—Section spect to energy efficient motor vehicles dur- of this section— 1324(b)(2) of title 31, United States Code, is ing the taxable year beginning in 2006. ‘‘(1) IN GENERAL.—The qualified investment amended by inserting before the period ‘‘, or ‘‘(c) FUEL ECONOMY ACHIEVEMENT CREDIT.— for any taxable year is equal to the incre- enacted by the Windfall Profits Tax Act of For purposes of this section— mental costs incurred during such taxable 2005’’. ‘‘(1) IN GENERAL.—In the case of an eligible year— (3) CLERICAL AMENDMENT.—The table of taxpayer who meets the requirements of ‘‘(A) to re-equip or expand any manufac- sections for subchapter B of chapter 65 of the paragraph (2) for a model year ending in a turing facility of the eligible taxpayer to Internal Revenue Code of 1986 is amended by taxable year specified in the table contained produce energy efficient motor vehicles or to adding at the end the following new item: in paragraph (3), the fuel economy achieve- produce eligible components, and ‘‘Sec. 6430. American consumer rebate.’’. ment credit for such taxable year is equal to ‘‘(B) for engineering integration of such ve- (4) EFFECTIVE DATE.—The amendments 30 percent of the sum of— hicles and components as described in sub- made by this subsection shall take effect on ‘‘(A) at the election of the eligible tax- section (h). the date of the enactment of this Act. payer, such qualified investment for any pre- ‘‘(2) ATTRIBUTION RULES.—In the event a fa- (e) LOW INCOME HOME ENERGY ASSISTANCE ceding taxable year beginning after 2005 if cility of the eligible taxpayer produces both TRUST FUND.— such taxable year has not previously been energy efficient motor vehicles and conven- (1) IN GENERAL.—Subchapter A of chapter taken into account under this subsection by tional motor vehicles, or eligible and non-el- 98 of the Internal Revenue Code of 1986 (re- such taxpayer, plus igible components, only the qualified invest- lating to trust fund code) is amended by add- ‘‘(B) at the election of the eligible tax- ment attributable to production of energy ef- ing at the end the following new section: payer, the qualified investment with respect ficient motor vehicles and the research and ‘‘SEC. 9511. LOW-INCOME HOME ENERGY ASSIST- to energy efficient motor vehicles of the eli- development costs attributable to eligible ANCE TRUST FUND. gible taxpayer for the taxable year beginning components shall be taken into account. ‘‘(a) CREATION OF TRUST FUND.—There is in 2015. ‘‘(g) ENERGY EFFICIENT MOTOR VEHICLES established in the Treasury of the United ‘‘(2) DEMONSTRATED COMBINED FLEET ECON- AND ELIGIBLE COMPONENTS.—For purposes of States a trust fund to be known as the ‘Low- OMY IMPROVEMENTS.—The requirements of this section— Income Home Energy Assistance Trust this paragraph are met for any model year ‘‘(1) ENERGY EFFICIENT MOTOR VEHICLE.— Fund’, consisting of any amount appro- ending in a taxable year if the eligible tax- The term ‘energy efficient motor vehicle’ priated or credited to the Trust Fund as pro- payer can demonstrate to the satisfaction of means— vided in this section or section 9602(b). the Secretary that the percentage by which ‘‘(A) any new advanced lean burn tech- ‘‘(b) TRANSFERS TO TRUST FUND.—There the taxpayer’s overall combined fuel econ- nology motor vehicle (as defined in section are hereby appropriated to the Low-Income omy standard for the taxpayer’s vehicle fleet 30B(c)(3) determined without regard to sub- Home Energy Assistance Trust Fund for for such model year exceeds such standard paragraph (A)(iv)(II) thereof or the weight each fiscal year beginning after September for such taxpayer’s 2005 model year as re- limitation under subparagraph (A)(iv)(I) 30, 2005, amounts equivalent to 7.5 percent of ported to the National Highway Traffic Safe- thereof), the taxes received in the Treasury under sec- ty Administration under section 32907 of ‘‘(B) any new qualified hybrid motor vehi- tion 5896 (relating to windfall profit tax on title 49, United States Code, is not less than cle (as defined in section 30B(d)(3)(A) deter- crude oil) for such fiscal year. the percentage determined for such model mined without regard to subparagraph ‘‘(c) EXPENDITURES FROM TRUST FUND.— year under paragraph (3). (A)(ii)(II) thereof, the weight limitation Amounts in the Low Income Home Energy ‘‘(3) PERCENTAGE INCREASE.—The percent- under subparagraph (A)(ii)(I) thereof, and Assistance Trust Fund shall be available, age determined under this paragraph for any subparagraph (A)(iv) thereof), or without further appropriation, for each fiscal taxable year is equal to— ‘‘(C) any other new technology motor vehi- year to carry out the program under the ‘‘Model year ending Percentage increase cle identified by the Secretary as offering a Low-Income Home Energy Assistance Act of in taxable year substantial increase in fuel economy. 1981 for which funds are authorized under 2008 ...... 5 ‘‘(2) ELIGIBLE COMPONENTS.—The term ‘eli- section 2602(b) of such Act for such fiscal 2009 ...... 10 gible component’ means any component in- year, but only if not less than $1,800,000,000 2010 ...... 15 herent to any energy efficient motor vehicle, has been appropriated for such program for 2011 ...... 20 including— such fiscal year (determined without regard 2012 ...... 27.5 ‘‘(A) with respect to any gasoline-electric to any amount appropriated to the Low In- 2013 ...... 35 new qualified hybrid motor vehicle— come Home Energy Assistance Trust 2014 ...... 42.5 ‘‘(i) electric motor or generator, Fund).’’. 2015 ...... 50 ‘‘(ii) power split device, (2) CLERICAL AMENDMENT.—The table of ‘‘(d) ELIGIBLE COMPONENTS R&D CREDIT.— ‘‘(iii) power control unit, sections for such subchapter is amended by For purposes of this section, the eligible ‘‘(iv) power controls, adding at the end the following new item: R&D credit for any taxable year is equal to ‘‘(v) integrated starter generator, or ‘‘Sec. 9511. Low-Income Home Energy 30 percent of the research and development ‘‘(vi) battery, Assistance Trust Fund.’’. costs paid or incurred by an eligible taxpayer ‘‘(B) with respect to any new advanced lean (f) ENERGY EFFICIENT MOTOR VEHICLES for such taxable year with respect to eligible burn technology motor vehicle— MANUFACTURING CREDIT.— components used or to be used in the manu- ‘‘(i) diesel engine, (1) IN GENERAL.—Subpart B of part IV of facture of energy efficient motor vehicles. ‘‘(ii) turbocharger, subchapter A of chapter 1 of the Internal ‘‘(e) LIMITATION.— ‘‘(iii) fuel injection system, or

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‘‘(iv) after-treatment system, such as a ‘‘(1) DEFINITIONS.—Any term which is used 9503(b)(1)(F) of the Internal Revenue Code of particle filter or NOx absorber, and in this section and in chapter 329 of title 49, 1986 shall be 100 percent to the extent such ‘‘(C) with respect to any energy efficient United States Code, shall have the meaning funds are available under such section. motor vehicle, any other component ap- given such term by such chapter. (h) EFFECTIVE DATE.—Except as otherwise proved by the Secretary. ‘‘(2) SPECIAL RULES.—Rules similar to the provided, the amendments made by this sec- ‘‘(h) ENGINEERING INTEGRATION COSTS.—For rules of paragraphs (4) and (5) of section tion shall apply to crude oil removed after purposes of subsection (f)(1)(B), costs for en- 179A(e) and paragraphs (1) and (2) of section the date of the enactment of this Act, in tax- gineering integration are costs incurred 41(f) shall apply. able years ending after such date. prior to the market introduction of energy ‘‘(o) ELECTION NOT TO TAKE CREDIT.—No efficient vehicles for engineering tasks re- credit shall be allowed under subsection (a) By Ms. SNOWE: lated to— for any property if the taxpayer elects not to S. 1982. A bill to amend the Internal ‘‘(1) incorporating eligible components into have this section apply to such property. Revenue Code of 1986 to provide a tax the design of energy efficient motor vehicles, ‘‘(p) REGULATIONS.—The Secretary shall credit against residential heating and prescribe such regulations as necessary to carry out the provisions of this section. costs; to the Committee on Finance. ‘‘(2) designing new tooling and equipment Ms. SNOWE. Mr. President, today I for production facilities which produce eligi- ‘‘(q) TERMINATION.—This section shall not ble components or energy efficient motor ve- apply to any qualified investment made after rise to introduce legislation that would hicles. December 31, 2015.’’. provide a tax credit for home energy ‘‘(i) ELIGIBLE TAXPAYER.—For purposes of (2) CONFORMING AMENDMENTS.— costs to low- and middle-income tax- this section, the term ‘eligible taxpayer’ (A) Section 1016(a) of such Code is amended payers. This legislation will help those means, with respect to any taxable year, any by striking ‘‘and’’ at the end of paragraph who are struggling to simply heat their (36), by striking the period at the end of taxpayer if more than 25 percent of the tax- homes as winter approaches and while payer’s gross receipts for the taxable year is paragraph (37) and inserting ‘‘, and’’, and by adding at the end the following new para- fuel prices remain so high. derived from the manufacture of motor vehi- Home heating oil in Maine is $2.52 per cles or any component parts of such vehicles. graph: ‘‘(j) LIMITATION BASED ON AMOUNT OF ‘‘(38) to the extent provided in section gallon, up 59 cents from a year ago. TAX.—The credit allowed under subsection 30D(k).’’. Kerosene prices average $2.95 a gallon, (a) for the taxable year shall not exceed the (B) Section 6501(m) of such Code is amend- 75 cents higher than this time last excess of— ed by inserting ‘‘30D(o),’’ after ‘‘30C(e)(5),’’. year. Some projections have a gallon of ‘‘(1) the sum of— (C) The table of sections for subpart B of heating oil reaching $3.00! And I am part IV of subchapter A of chapter 1 of such ‘‘(A) the regular tax liability (as defined in told that rolling blackouts on cold section 26(b)) for such taxable year, plus Code is amended by inserting after the item relating to section 30C the following new days this winter may be a possibility ‘‘(B) the tax imposed by section 55 for such because of a high demand for elec- taxable year, over item: ‘‘(2) the sum of the credits allowable under ‘‘Sec. 30D. Energy efficient motor vehicles tricity. subpart A and sections 27, 30, 30B, and 30C for manufacturing credit.’’. According to the National Energy the taxable year. (3) EFFECTIVE DATE.—The amendments Assistance Directors Association, heat- ‘‘(k) REDUCTION IN BASIS.—For purposes of made by this subsection shall apply to ing costs for the average family using this subtitle, if a credit is allowed under this amounts incurred in taxable years beginning heating oil are projected to hit $1,666 section for any expenditure with respect to after December 31, 2005. for the upcoming winter. This rep- any property, the increase in the basis of (g) TRANSFER TO HIGHWAY TRUST FUND TO resents an increase of $403 over last such property which would (but for this FUND HIGHWAY PROJECTS AND AID HIGHWAY winter’s prices and $714 over the winter paragraph) result from such expenditure USERS.— heating season of 2003–2004. Should shall be reduced by the amount of the credit (1) IN GENERAL.—Section 9503(b)(1) of the so allowed. Internal Revenue Code of 1986 (relating to colder weather prevail, these costs will ‘‘(l) NO DOUBLE BENEFIT.— certain taxes) is amended— surely increase, especially for States ‘‘(1) COORDINATION WITH OTHER DEDUCTIONS (A) by inserting ‘‘(before January 1, 2016, in like Maine. AND CREDITS.—The amount of any deduction the case of taxes under section 5896)’’ after So understandably, my constituents or other credit allowable under this chapter ‘‘2011’’ are asking how they will be able to af- for any cost taken into account in deter- (B) by striking ‘‘and’’ at the end of sub- ford to pay home heating oil bills that mining the amount of the credit under sub- paragraph (D), are 30 percent more expensive than last section (a) shall be reduced by the amount of (C) by striking the period at the end of sub- such credit attributable to such cost. paragraph (E) and inserting ‘‘, and’’, year. This is a crisis that has arrived. ‘‘(2) RESEARCH AND DEVELOPMENT COSTS.— (D) by inserting after subparagraph (E) the Heating one’s home is a necessity of ‘‘(A) IN GENERAL.—Except as provided in following new subparagraph: life—so much so that 73 percent of subparagraph (B), any amount described in ‘‘(F) section 5896 (relating to windfall prof- households in a recent survey reported subsection (d) taken into account in deter- it tax).’’, and they would cut back on, and even go mining the amount of the credit under sub- (E) by adding at the end the following new without, other necessities such as food, section (a) for any taxable year shall not be sentence: ‘‘For purposes of this paragraph, prescription drugs, and mortgage and taken into account for purposes of deter- the aggregate amount which is appropriated rent payments. Churches, food pan- mining the credit under section 41 for such to the Highway Trust Fund as determined by taxable year. reference to taxes received under section 5896 tries, local service organizations—they ‘‘(B) COSTS TAKEN INTO ACCOUNT IN DETER- shall be reduced by the aggregate amount of are all deeply concerned, and the MINING BASE PERIOD RESEARCH EXPENSES.— the American consumer rebate determined leaves have barely fallen from the Any amounts described in subsection (d) under section 6430, the amount appropriated trees. taken into account in determining the for each fiscal year to the Low-Income Home In order to help low- and middle-in- amount of the credit under subsection (a) for Energy Assistance Trust Fund under section come families heat their homes this any taxable year which are qualified re- 9511(b), and an amount of $1,000,000,000 for winter, I am proposing a tax credit for search expenses (within the meaning of sec- each of fiscal years 2006 through 2015.’’ home energy costs up to $500. The cred- tion 41(b)) shall be taken into account in de- (2) PORTION TO MASS TRANSIT ACCOUNT.— it would be available to married cou- termining base period research expenses for Section 9503(e)(2) of such Code (relating to purposes of applying section 41 to subsequent transfers to Mass Transit Account) is amend- ples earning less than $100,000 and sin- taxable years. ed by inserting ‘‘and 18.5 percent of the gle taxpayers making less than $50,000. ‘‘(m) BUSINESS CARRYOVERS ALLOWED.—If amounts appropriated to the Highway Trust My legislation also directs the Treas- the credit allowable under subsection (a) for Fund under subsection (b) which are attrib- ury Department to assist individuals to a taxable year exceeds the limitation under utable to the tax under section 5896’’ after adjust their withholding amounts for subsection (j) for such taxable year, such ex- ‘‘1983’’. 2006, which will immediately increase cess (to the extent of the credit allowable (3) SPECIAL RULE REGARDING HIGHWAY take home pay. Without adjusting with respect to property subject to the al- PROJECTS FUNDED BY WINDFALL PROFIT TAX their withholding, taxpayers would not lowance for depreciation) shall be allowed as REVENUES.—Notwithstanding section 120 of a credit carryback and carryforward under title 23, United States Code, the Federal benefit from the credit until they file rules similar to the rules of section 39. share of the cost of any project or activity their taxes sometime in 2007, possibly ‘‘(n) DEFINITIONS AND SPECIAL RULES.—For carried out using funds deposited in the long after energy prices have returned purposes of this section— Highway Trust Fund under section to a normal level. As a result, this is a

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25546 CONGRESSIONAL RECORD—SENATE November 9, 2005 crucial provision to ensure that these against the tax imposed by this chapter for used to heat a principal residence of the tax- individuals and families get a helping the taxable year an amount equal to the payer located in the United States. hand exactly when they need it most. amount paid or incurred during such taxable ‘‘(2) PRINCIPAL RESIDENCE.—The term ‘prin- Finally, any unused credit amount year for residential heating costs. cipal residence’ has the same meaning as in ‘‘(b) LIMITATIONS.— section 121, except that— could be carried back to the prior two ‘‘(1) DOLLAR LIMITATION.—The amount of ‘‘(A) no ownership requirement shall be im- taxable years or carried forward to fu- the credit allowed to under subsection (a) to posed, and ture taxable years. any taxpayer shall not exceed $500 for any ‘‘(B) the principal residence must be used It is critical that those who would taxable year. by the taxpayer as the taxpayer’s residence benefit from the home energy credit ‘‘(2) LIMITATION BASED ON ADJUSTED GROSS during the taxable year. are not at the same time required to INCOME.— ‘‘(3) NO CREDIT FOR MARRIED INDIVIDUALS shoulder the burden of the cost of the ‘‘(A) IN GENERAL.—The amount of the cred- FILING SEPARATE RETURNS.—If the taxpayer credit through an increase in the na- it which would (but for this paragraph) be is a married individual (within the meaning taken into account under subsection (a) for of section 7703), this section shall apply only tional debt. This credit should be paid the taxable year shall be reduced (but not if the taxpayer and the taxpayer’s spouse file for, and it makes sense to me that below zero) by the amount determined under a joint return for the taxable year. costs of the credit should be financed subparagraph (B). ‘‘(4) TREATMENT OF EXPENSES PAID BY DE- by those who profit the most by high ‘‘(B) AMOUNT OF REDUCTION.—The amount PENDENT.—If a deduction under section 151 energy prices, namely large oil compa- determined under this subparagraph is the with respect to an individual is allowed to nies. I am concerned that while many amount which bears the same ratio to the another taxpayer for a taxable year begin- individuals are forced to make the amount which would be so taken into ac- ning in the calendar year in which such indi- choice of heating one’s home or meet- count as— vidual’s taxable year begins— ‘‘(i) the excess of— ‘‘(A) no credit shall be allowed under sub- ing the other basic necessities of life, ‘‘(I) the taxpayers adjusted gross income section (a) to such individual for such indi- large oil companies are showing record for such taxable year, over vidual’s taxable year, and profits. Therefore, the Home Energy ‘‘(II) the threshold amount, bears to ‘‘(B) residential heating costs paid by such Cost Tax Assistance Act includes an ‘‘(ii) the phaseout amount. individual during such individual’s taxable offset provision to disallow the tax ‘‘(C) THRESHOLD AMOUNT.—For purposes of year shall be treated for purposes of this sec- benefit that large oil companies with this paragraph, the term ‘threshold amount’ tion as paid by such other taxpayer. revenues in excess of $1 billion in 2005 means— ‘‘(e) HOMEOWNERS ASSOCIATIONS.—The ap- plication of this section to homeowners asso- receive by use of the Last-In, First-Out ‘‘(i) $80,000 in the case of a joint return, ‘‘(ii) $65,000 in the case of a head of a ciations (as defined in section 528(c)(1)) or (LIFO) tax accounting method. In- household, and members of such associations, and tenant- stead, these companies would be re- ‘‘(iii) $40,000 in any other case. stockholders in cooperative housing corpora- quired to use the First-In, First-Out ‘‘(D) PHASEOUT AMOUNT.—For purposes of tions (as defined in section 216), shall be al- (FIFO) method of accounting for 2005. this paragraph, the term ‘phaseout amount’ lowed by allocation, apportionment, or oth- Put another way, the proposal would means— erwise, to the individuals paying, directly or scale back a tax provision that allows ‘‘(i) $20,000 in the case of a joint return or indirectly, for the increased residential heat- a head of a household, and ing cost so incurred. oil companies to take an enormous tax ‘‘(f) APPLICABILITY OF SECTION.—This sec- deduction when prices are sky high and ‘‘(ii) $10,000 in any other case. ‘‘(3) MAXIMUM CREDIT PER HOUSEHOLD.— tion shall apply to taxable years beginning allows them to boost after-tax profits ‘‘(A) IN GENERAL.—In the case of any after December 31, 2005, and before January even further. As big oil companies household, the credit under subsection (a) 1, 2007.’’. (b) REDUCTION IN WITHHOLDING.—The Sec- show record profits on the backs of or- shall be allowed only to the individual resid- retary of the Treasury— dinary Americans, they have less of a ing in such household who furnishes the larg- (1) shall educate taxpayers on adjusting est portion (whether or not more than one- need for such a tax break, and I believe withholding of taxes to reflect any antici- half) of the cost of maintaining such house- it is fair to scale back this tax break in pated tax credit under section 25E of the In- hold. order to lend a helping hand to low- ternal Revenue Code of 1986, and ‘‘(B) DETERMINATION OF AMOUNT.—In the and middle-income workers. (2) may adjust the wage withholding tables case of an individual described in subpara- prescribed under section 3402(a)(1) of such It is critical that Congress act to graph (A), such individual shall, for purposes Code to take into account the credit allowed help low and middle income Americans of determining the amount of the credit al- under section 25E of such Code. absorb the increased home energy costs lowed under subsection (a), be treated as (c) CLERICAL AMENDMENT.—The table of associated with the drastic increase in having paid or incurred during such taxable sections for subpart A of part IV of sub- price of fuel. Temperatures are falling, year for increased residential heating costs chapter A of chapter 1 of the Internal Rev- prices are rising and we must move an amount equal to the sum of the amounts enue Code of 1986 is amended by striking the swiftly. paid or incurred for such heating costs by all item relating to section 35 and by adding at I ask unanimous consent that the individuals residing in such household (in- the end the following new items: cluding any amount allocable to any such in- ‘‘Sec. 25E. Credit against residential heating text of the bill be printed in the dividual under subsection (d) or (e)). costs.’’. RECORD. ‘‘(c) CARRYBACK OF CREDIT.— There being no objection, the bill was ‘‘(1) IN GENERAL.—If the credit allowable (d) EFFECTIVE DATE.—The amendments ordered to be printed in the RECORD, as under subsection (a) for a taxable year ex- made by this section shall apply to taxable follows: ceeds the limitation under subsection (b)(1) years beginning after December 31, 2005. SEC. 3. DISALLOWANCE OF USE OF LIFO METHOD S. 1982 for such taxable year, such excess shall be al- lowed— OF ACCOUNTING BY LARGE INTE- Be it enacted by the Senate and House of Rep- GRATED OIL COMPANIES FOR LAST ‘‘(A) as a credit carryback to each of the 2 resentatives of the United States of America in TAXABLE YEAR ENDING BEFORE OC- taxable years preceding such taxable year, Congress assembled, TOBER 1, 2005. and (a) GENERAL RULE.—Notwithstanding any SECTION 1. SHORT TITLE. ‘‘(B) as a credit carryforward to each of the other provision of law, an applicable inte- This Act may be cited as the ‘‘Home En- 20 taxable years following such taxable year. grated oil company shall, in determining the ergy Assistance Act of 2005’’. ‘‘(2) AMOUNT CARRIED TO EACH YEAR.—Rules amount of Federal income tax imposed on SEC. 2. TAX CREDIT AGAINST RESIDENTIAL similar to the rules of section 39(b)(2) shall such company for its most recent taxable HEATING COSTS. apply for purposes of this section. year ending on or before September 30, 2005, (a) IN GENERAL.—Subpart A of part IV of ‘‘(3) LIMITATION.—The amount of unused use the first-in, first-out (FIFO) method of subchapter A of chapter 1 of the Internal credit which may be taken into account accounting rather than the last-in, last-out Revenue Code of 1986 (relating to nonrefund- under paragraph (1) for any taxable year (LIFO) method of accounting with respect to able personal credits) is amended by insert- shall not exceed the limitation under sub- its crude oil inventories. ing after section 25D the following new sec- section (b)(1). (b) APPLICATION OF REQUIREMENT.—The re- tion: ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For quirement to use the first-in, first-out ‘‘SEC. 25E. CREDIT AGAINST RESIDENTIAL HEAT- purposes of this section— (FIFO) method of accounting under sub- ING COSTS. ‘‘(1) RESIDENTIAL HEATING COSTS.—The section (a)— ‘‘(a) GENERAL RULE.—In the case of an indi- term ‘residential heating costs’ means costs (1) shall not be treated as a change in vidual, there shall be allowed as a credit incurred in connection with an energy source method of accounting, and

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25547 (2) shall be disregarded in determining the abortion services, and they certainly S. 1986. A bill to provide for the co- method of accounting required to be used in should not be discriminated against be- ordination and use of the National Do- any succeeding taxable year. cause of their objections to providing mestic Preparedness Consortium by (c) APPLICABLE INTEGRATED OIL COM- or paying for abortions. the Department of Homeland Security, PANY.—For purposes of this section, the term and for other purposes; to the Com- ‘‘applicable integrated oil company’’ means Current law, as has been interpreted an integrated oil company (as defined in sec- by some courts, only provides protec- mittee on Homeland Security and Gov- tion 291(b)(4) of the Internal Revenue Code of tion for individual physicians, post- ernmental Affairs. 1986) which— graduate physician training programs, Mr. ALLARD. Mr. President, the (1) had gross receipts in excess of and participants in health professions events of the past few months remind $1,000,000,000 for its most recent taxable year training. This narrow interpretation us of the vital role of first responders ending on or before September 30, 2005, and excludes from protection those who de- in responding to natural disasters and (2) would, without regard to this section, serve it. The Abortion Non-Discrimina- terrorists attacks. First responders are use the last-in, first-out (LIFO) method of just that: the first to respond. When accounting with respect to its crude oil in- tion Act of 2005 directly addresses these concerns by clarifying and they arrive on the scene, they often ventories for such taxable year. face fluid and volatile situations For purposes of paragraph (1), all persons strengthening existing law. This legis- lation makes clear that other health whereupon they are required to make treated as a single employer under sub- split-second decisions, each of which sections (a) and (b) of section 52 of the Inter- professionals, hospitals, health insur- nal Revenue Code of 1986 shall be treated as ance plans, and any other kind of has the potential to affect thousands of 1 person. health care facility, organization, or lives. For this reason, it is important plan cannot be forced to perform, pro- that our first responders receive the By Mr. SANTORUM (for himself, vide coverage of, or pay for an abortion training and experience needed to Mr. NELSON of Nebraska, Mr. when it conflicts with their conscience. make critical life saving decisions INHOFE, Mr. DEMINT, Mr. These individuals and organizations de- under emergency circumstances. I be- DEWINE, Mr. HAGEL, Mr. serve the freedom to follow their con- lieve that an essential element of pre- COBURN, Mr. GREGG, Mr. science in protecting innocent life. paring our first responders is to pro- BROWNBACK, Mr. ENSIGN, Mr. They should not be forced to suffer fi- vide them with hands-on experience in MARTINEZ, Mr. KYL, Mr. VIT- nancial consequences for their choice simulated, real-world training environ- TER, and Mr. BURR): not to participate in an abortion. ments. The importance of real world train- S. 1983. A bill to prohibit certain I am thankful for the Hyde-Weldon ing was called to my attention by a abortion-related discrimination in gov- conscience protection language that visit to the Technology Training Cen- ernmental activities; to the Committee was included in the Consolidated Ap- ter (TTC) in Pueblo, CO. There, I wit- on Health, Education, Labor, and Pen- propriations Act of 2005, but I believe it nessed first hand the tools at our dis- sions. is appropriate to codify such con- Mr. SANTORUM. Mr. President, I posal to equip our first responders with science protection in Federal law. I am the training they need, specifically in rise today to introduce the Abortion hopeful the Senate will act to pass the Non-Discrimination Act of 2005. I am the context of rail and mass transit. Abortion Non-Discrimination Act dur- Already aware of the training facilities pleased to be joined in this effort by ing this Congress. Senators BEN NELSON, INHOFE, DEMINT, at the disposal of our first responders I ask unanimous consent that the through the Department of Homeland DEWINE, HAGEL, COBURN, GREGG, text of this legislation be printed in BROWNBACK, ENSIGN, MARTINEZ, KYL, Security’s National Domestic Pre- the RECORD. paredness Consortium (NDPC), TTC’s VITTER, and BURR. There being no objection, the bill was Abortion has been, and continues to potential to fill a gap in the rail and ordered to be printed in the RECORD, as mass transit environment became ap- be, one of the most divisive social follows: issues in our Nation. I realize that parent. S. 1983 Congress recognized the need to train there are people of good will on both Be it enacted by the Senate and House of Rep- first responders in the 1998 Appropria- sides of this issue, people who working resentatives of the United States of America in tions Act, Public Law 105–119, and ac- for the best interests of women, chil- Congress assembled, companying report. There, Congress dren and families. Despite the great SECTION 1. SHORT TITLE. stated that, while the Federal Govern- disagreements, there are points of this This Act may be cited as the ‘‘Abortion ment plays an important role in pre- Non-Discrimination Act of 2005’’. debate where the vast majority of venting and responding to these types Americans agree, for example the Par- SEC. 2. ABORTION NON-DISCRIMINATION. of threats, state and local public safety Section 245 of the Public Health Service tial-Birth Abortion Ban Act, the Un- personnel are typically first to respond born Victims of Violence Act, and the Act (42 U.S.C. 238n) is amended— (1) in the section heading by striking ‘‘AND to the scene when such incidents occur. Born-Alive Infants Protection Act. The As a result, Congress authorized the bill I introduce today is one of these LICENSING OF PHYSICIANS’’ and inserting ‘‘, LICENSING, AND PRACTICE OF PHYSI- Attorney General to assist state and areas of common ground. However one CIANS AND OTHER HEALTH CARE ENTI- local public safety personnel in acquir- may feel about abortion, surely we can TIES’’; ing the specialized training and equip- agree on the principle that no one (2) in subsection (a)(1), by striking ‘‘to per- ment necessary to safely respond to should be forced to participate in an form such abortions’’ and inserting ‘‘to per- and manage terrorist incidents involv- abortion in violation of one’s con- form, provide coverage of, or pay for induced ing weapons of mass destruction. science. abortions’’; and On April 30, 1998, the Attorney Gen- (3) in subsection (c)— We should all agree that no person or eral delegated authority to the Justice entity should be forced, against their (A) in paragraph (1), by striking ‘‘includes’’ and inserting ‘‘means’’; and Department’s Office of Justice Pro- will or conscience, to provide, refer for, (B) in paragraph (2)— grams (OJP) to develop and administer or pay for an abortion. No entity (i) by inserting ‘‘or other health profes- training and equipment assistance pro- should be forced to choose between sional,’’ after ‘‘an individual physician’’; grams for state and local emergency being involved in an abortion or losing (ii) by striking ‘‘and a participant’’ and in- response agencies to better prepare its funding, its certification, or its serting ‘‘a participant’’; and them against this threat. To execute ability to exist as a hospital. (iii) by inserting before the period the fol- this mission, the Office of Justice Pro- Healthcare entities including physi- lowing: ‘‘, a hospital, a provider sponsored grams established the Office for Do- cians, other health professionals, hos- organization, a health maintenance organi- zation, a health insurance plan, or any other mestic Preparedness (ODP) to develop pitals, provider-sponsored organiza- kind of health care facility, organization or and administer a national Domestic tions, health maintenance organiza- plan’’. Preparedness Program. tions, and health insurance plans Upon passage of the Homeland Secu- should not be coerced into providing By Mr. ALLARD: rity Act of 2002, Pub. L. 107–296, the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25548 CONGRESSIONAL RECORD—SENATE November 9, 2005 ODP was transferred to the Depart- It also develops and delivers radio- gency response software. The Pas- ment of Homeland Security from OJP. logical/nuclear mobile training at the senger Railcar Security and Integrity In 2003, a number of grant programs awareness and operations levels and Training Facility is currently being de- and functions from other DHS compo- conducts train-the-trainer courses for veloped to test various inspection, re- nents were consolidated with ODP, in- first responders across the country. sponse, and remediation techniques’ ef- cluding the NDPC, under a new DHS Although it consists of an impressive fectiveness for mitigation to incidents agency, the Office of State and Local array of training facilities, the Na- involving passenger railcars. This facil- Government Coordination and Pre- tional Domestic Preparedness Consor- ity focuses on chemical, biological, ra- paredness (SLGCP). tium is not statutorily authorized and diological, nuclear, or explosive inci- Today, SLGCP is the Federal Govern- does not include a facility that is dents and other activities associated ment’s lead agency responsible for pre- uniquely focused on emergency pre- with potential terrorist events. paring the nation against terrorism by paredness within the railroad and mass The distinctive environment of TTC assisting states, local and tribal juris- transit environment. Therefore, in ad- allows testing and training activities dictions, and regional authorities as dition to specifically authorizing the to be carried out at a remote Colorado they prevent, deter, and respond to ter- NDPC, this bill incorporates the Trans- location without disruption to the flow rorist acts. SLGCP’s ODP provides tai- portation Technology Center into the of passenger and rail traffic in and lored training to enhance the capacity Department of Homeland Security’s around urban areas. Its inclusion in the of States and local jurisdictions to pre- National Domestic Preparedness Con- NDPC presents a unique opportunity to vent, deter, and respond safely and ef- sortium, filling a critical gap in its enhance technology and training that fectively to emergency situations. current training agenda. will improve our Nation’s ability to ODP draws upon a coalition of TTC is a federally-owned, 52 square prevent, minimize, and respond to po- ‘‘training partners’’ in the development mile multi-modal testing and training tential terrorist attacks similar to and delivery of state-of-the-art train- facility in Pueblo, Colorado, operated those recently seen in London and Ma- ing programs. This coalition is com- by the Association of American Rail- drid. posed of government facilities, aca- roads (AAR). In 1985, TTC established It is for these reasons, among others, demic institutions, and private organi- an on site Emergency Response Train- that I rise today to introduce a bill zations, all of which are committed to ing Center (ERTC) to train railroad of- statutorily authorizing the National providing a variety of specialized train- ficials to safely handle accidents in- Domestic Preparedness Consortium, as ing for emergency responders across volving tank cars carrying hazardous expanded to include the Transportation the country. materials. The training proved to be so Technology Center in Pueblo, CO, and ODP’s major training partner is the successful that attendance was opened providing for its coordination and use NDPC, through which ODP identifies, up to other emergency responders. TTC by the Department of Homeland Secu- develops, tests, and delivers training to now serves not only the transportation rity in training the Nation’s first re- state and local emergency responders. service industry, but also the public sponders. The NDPC includes: ODP’s Center for sector emergency response community, Domestic Preparedness (CDP): CDP the chemical industry, government f provides advanced, hands-on training agencies, and emergency response con- to members of the emergency response tractors from all over the world. SUBMITTED RESOLUTIONS community in the areas of command, Each year, an average of 1,700 first advanced hazmat, and tactical oper- responders—from Portland, ME to ations. CDP is the only WMD training Portland, OR—travel to Pueblo, CO, to SENATE CONCURRENT RESOLU- facility that provides hands-on train- participate in TTC’s training program. TION 63—SUPPORTING THE ing to civilian emergency responders in Former participants include over 600 GOALS AND IDEALS OF NA- a toxic chemical agent environment. fire departments and entities from 45 TIONAL HIGH SCHOOL SENIORS New Mexico Institute of Mining and states; 16 state police agencies from VOTER REGISTRATION DAY Technology (NMIMT): NMIMT, a world Arkansas, Colorado, Idaho, Illinois, In- Mr. VITTER submitted the following leader in explosives research, serves as diana, Kentucky, Louisiana, Massachu- resolution; which was referred to the the lead NDPC partner for explosives, setts, Michigan, Missouri, New Jersey, Committee on Rules and Administra- firearms, and incendiary devices train- Nebraska, New Mexico, Oregon, Texas, tion: ing. New Mexico Tech also delivers a and Washington; and numerous govern- program on suicide bombing preven- ment agencies, including the U.S. Air S. CON. RES. 63 tion. Louisiana State University Force, Army, Coast Guard, Customs Whereas in order for the Government of (LSU): LSU provides training and ex- Service, Federal Bureau of Investiga- the United States to remain of the people, by the people, and for the people, individuals tions, Environmental Protection Agen- pertise in the areas of law enforcement, must take advantage of their right to vote; bioterrorism, agricultural terrorism, cy, Drug Enforcement Agency, Na- Whereas the right to vote is one of the weapons of mass destruction, and mass tional Oceanic and Atmospheric Ad- most important rights of a citizen, and every casualty incidents. Texas A&M Univer- ministration, and the National Trans- effort should be made to promote voter reg- sity System, Texas Engineering Exten- portation Safety Board. In its 20 year istration at school so that students may sion Service (TEEX): TEEX develops history, the facility has trained more begin participating in the foundation of the and conducts national WMD prepared- than 20,000 students worldwide. Nation’s representative democracy; ness training for all emergency re- The ERTC is regarded as the ‘‘grad- Whereas the Legislature of Louisiana voted in 2002 to recognize annually the first sponse disciplines, as well as courses in uate school’’ of hazmat training be- Tuesday in May as National High School incident management/unified com- cause of its focus on hands-on, true to Seniors Voter Registration Day; and mand, threat and risk assessments, op- life, training exercises on actual rail Whereas the purpose of National High erations for public works, and WMD op- vehicles, including tank cars and pas- School Seniors Voter Registration Day is to erations for emergency medical serv- senger rail cars. The ERTC is uniquely allow students to register to vote at school ices. TEEX also conducts a structural positioned to teach emergency re- to encourage their participation in making collapse technician course to build sponse for railway-related emergencies democracy work: Now, therefore, be it state capabilities for urban search and with 69 railway freight cars, 15 railroad Resolved by the Senate (the House of Rep- resentatives concurring), That Congress sup- rescue operations. Department of Ener- passenger cars, 25 highway cargo ports the goals and ideals of National High gy’s Nevada Test Site (NTS): NTS con- tanks, van trailers, and intermodal School Seniors Voter Registration Day, and ducts radiological and nuclear training containers, and computer work sta- encourages all eligible students to register at NTS and via mobile training teams. tions equipped with the latest emer- to vote.

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Mrs. FEINSTEIN submitted an Whereas the United States Government is OVERSIGHT OF THE INTERNET amendment intended to be proposed to committed to working successfully with the amendment SA 2445 submitted by Mr. CORPORATION FOR ASSIGNED international community to address those BROWNBACK (for himself, Mr. INHOFE, and Mr. NAMES AND NUMBERS concerns, bearing in mind the need for sta- DEMINT) and intended to be proposed to the Mr. BURNS (for himself, Mr. LEAHY, bility and security of the Internet’s domain bill S. 1042, supra; which was ordered to lie Mr. INOUYE, Mr. SMITH, Mr. STEVENS, name and addressing system; on the table. Whereas the topic of Internet governance, SA 2480. Mrs. FEINSTEIN submitted an Mr. SUNUNU, Mr. NELSON of Florida, a as currently being discussed in the United amendment intended to be proposed to and Mrs. HUTCHISON) submitted the fol- Nations World Summit on the Information amendment SA 2475 submitted by Mr. lowing concurrent resolution; which Society is a broad and complex topic; BROWNBACK (for himself, Mr. COBURN, Mr. was referred to the Committee on Com- Whereas it is appropriate for governments DEMINT, Mr. INHOFE, Mr. SESSIONS, and Mr. merce, Science, and Transportation: and other stakeholders to discuss Internet TALENT) and intended to be proposed to the S. CON. RES. 64 governance, given that the Internet will bill S. 1042, supra; which was ordered to lie likely be an increasingly important part of Whereas the origins of the Internet can be on the table. the world economy and society in the 21st found in United States Government funding SA 2481. Mr. SALAZAR (for himself, Mr. Century; of research to develop packet-switching LAUTENBERG, Mr REED, Mr. DURBIN, and Mr. Whereas Internet governance discussions technology and communications networks, KYL) submitted an amendment intended to in the World Summit should focus on the starting with the ‘‘ARPANET’’ network es- be proposed by him to the bill S. 1042, supra; real threats to the Internet’s growth and sta- tablished by the Department of Defense’s Ad- which was ordered to lie on the table. bility, and not recommend changes to the vanced Research Projects Agency in the SA 2482. Mr. DEWINE submitted an amend- current regime of domain name and address- 1960s and carried forward by the National ment intended to be proposed by him to the ing system management and coordination on Science Foundation’s ‘‘NSFNET’’. bill S. 1042, supra; which was ordered to lie political grounds unrelated to any technical Whereas in subsequent years the Internet on the table. need; and evolved from a United States Government SA 2483. Mr. DURBIN (for Mr. BAYH (for Whereas market-based policies and private research initiative to a global tool for infor- himself, Mr. DURBIN, and Ms. LANDRIEU)) pro- sector leadership have allowed this medium mation exchange as in the 1990s it was com- posed an amendment to the bill S. 1042, the f1exibility to innovate and evolve: Now, mercialized by private sector investment, supra. therefore, be it SA 2484. Mr. WARNER (for Mr. SANTORUM) technical management and coordination; Resolved by the Senate (the House of Rep- Whereas since its inception the authori- proposed an amendment to the bill S. 1042, resentatives concurring), That it is the sense tative root zone server-the file server system supra. of Congress that— that contains the master list of all top level SA 2485. Mr. WARNER (for Mr. AKAKA) pro- (1) it is incumbent upon the United States posed an amendment to the bill S. 1042, domain names made available for routers and other responsible governments to send serving the Internet-has been physically lo- supra. clear signals to the marketplace that the SA 2486. Mr. WARNER (for Mr. ENSIGN) cated in the United States; current structure of oversight and manage- Whereas today the Internet is a global proposed an amendment to the bill S. 1042, ment of the Internet’s domain name and ad- communications network of inestimable supra. dressing service works, and will continue to value; SA 2487. Mr. WARNER (for Mr. ENSIGN) deliver tangible benefits to Internet users Whereas the continued success and dyna- proposed an amendment to the bill S. 1042, worldwide in the future; and mism of the Internet is dependent upon con- supra. (2) therefore the authoritative root zone tinued private sector leadership and the abil- SA 2488. Mr. WARNER (for Mr. COLEMAN) server should remain physically located in ity for all users to participate in its contin- proposed an amendment to the bill S. 1042, the United States and the Secretary of Com- ued evolution; supra. merce should maintain oversight of ICANN Whereas in allowing people all around the SA 2489. Mr. WARNER (for Mr. BINGAMAN so that ICANN can continue to manage the world freely to exchange information, com- (for himself and Mr. DOMENICI)) proposed an day-to-day operation of the Internet’s do- municate with one another, and facilitate amendment to the bill S. 1042, supra. main name and addressing system well, re- economic growth and democracy, the Inter- SA 2490. Mr. WARNER (for Mr. SALAZAR) main responsive to all Internet stakeholders net has enormous potential to enrich and proposed an amendment to the bill S. 1042, world-wide, and otherwise fulfill its core transform human society; supra. technical mission. Whereas existing structures have worked SA 2491. Mr. WARNER proposed an amend- effectively to make the Internet the highly f ment to the bill S. 1042, supra. robust medium that it is today; AMENDMENTS SUBMITTED AND SA 2492. Mr. WARNER (for Mr. KENNEDY (for himself, Ms. COLLINS, Mr. ROBERTS, Mr. Whereas the security and stability of the PROPOSED Internet’s underlying infrastructure, the do- SANTORUM, Ms. MIKULSKI, Mr. LIEBERMAN, main name and addressing system, must be SA 2474. Mr. MARTINEZ (for himself and Mr. ALEXANDER, Mrs. CLINTON, Mrs. DOLE, maintained; Mr. WARNER) submitted an amendment in- Ms. SNOWE, Mr. BINGAMAN, Mr. REED, and Whereas the United States has been com- tended to be proposed by him to the bill S. Mr. SESSIONS)) proposed an amendment to mitted to the principles of freedom of expres- 1042, to authorize appropriations for fiscal the bill S. 1042, supra. sion and the free flow of information, as ex- year 2006 for military activities of the De- SA 2493. Mr. WARNER proposed an amend- pressed in Article 19 of the Universal Dec- partment of Defense, for military construc- ment to the bill S. 1042, supra. laration of Human Rights, and reaffirmed in tion, and for defense activities of the Depart- SA 2494. Mr. WARNER (for Mr. BYRD) pro- the Geneva Declaration of Principles adopt- ment of Energy, to prescribe personnel posed an amendment to the bill S. 1042, ed at the first phase of the World Summit on strengths for such fiscal year for the Armed supra. the Information Society; Forces, and for other purposes; which was or- SA 2495. Mr. WARNER (for Mr. DODD (for Whereas the U.S. Principles on the Inter- dered to lie on the table. himself and Mr. KENNEDY)) submitted an net’s Domain Name and Addressing System, SA 2475. Mr. BROWNBACK (for himself, amendment intended to be proposed by Mr. issued on June 30, 2005, represent an appro- Mr. COBURN, Mr. DEMINT, Mr. INHOFE, Mr. Warner to the bill S. 1042, supra. priate framework for the coordination of the SESSIONS, and Mr. TALENT) submitted an SA 2496. Mr. WARNER (for Mr. SANTORUM) system at the present time; amendment intended to be proposed by him proposed an amendment to the bill S. 1042, Whereas the Internet Corporation for As- to the bill S. 1042, supra; which was ordered supra. signed Names and Numbers popularly known to lie on the table. SA 2497. Mr. WARNER (for Mr. KERRY) pro- as ICANN, is the proper organization to co- SA 2476. Mr. DORGAN (for himself, Mr. posed an amendment to the bill S. 1042, ordinate the technical day-to-day operation DURBIN, Mrs. BOXER, and Mr. LAUTENBERG) supra. of the Internet’s domain name and address- proposed an amendment to the bill S. 1042, SA 2498. Mr. WARNER (for Mr. LEVIN) pro- ing system; supra. posed an amendment to the bill S. 1042, Whereas all stakeholders from around the SA 2477. Mr. TALENT (for himself, Mr. supra. world, including governments, are encour- WARNER, Mr. STEVENS, Mr. CHAMBLISS, Mr. SA 2499. Mr. WARNER proposed an amend- aged to advise ICANN in its decision-making; CORNYN, Mr. LIEBERMAN, Mrs. BOXER, Mrs. ment to amendment SA 1396 proposed by Mr. Whereas ICANN makes significant efforts FEINSTEIN, Ms. COLLINS, Mr. DEWINE, Mr. WARNER (for Mr. STEVENS) to the bill S. 1042 to ensure that the views of governments and DODD, and Mr. INHOFE) submitted an amend- supra. all Internet stakeholders are reflected in its ment intended to be proposed by him to the SA 2500. Mr. WARNER proposed an amend- activities; bill S. 1042, supra. ment to the bill S. 1042, supra.

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SA 2501. Mr. WARNER (for Mr. NELSON, of (1) by redesignating subsections (b), (c) and ‘‘(i) the member of the armed forces, or an- Florida) proposed an amendment to the bill (d) as subsections (c), (d), and (e), respec- other parent of the minor, if the minor has S. 1042, supra. tively; and no managing conservator or guardian; or SA 2502. Mr. WARNER (for himself and Mr. (2) by inserting after subsection (a) the fol- ‘‘(ii) a court-appointed managing conser- LEVIN) proposed an amendment to the bill S. lowing new subsection (b): vator or guardian; 1042, supra. ‘‘(b)(1) Except as provided in paragraph (2), ‘‘(B) the judge of an appropriate district SA 2503. Mr. WARNER (for Mr. ALLARD (for property accepted under subsection (a) may court of the United States issues an order himself and Mr. SALAZAR)) proposed an be used by the Secretary concerned without authorizing the minor to consent to the amendment to the bill S. 1042, supra. further specific authorization in law. abortion as provided by subsection (d) or (e); SA 2504. Mr. WARNER (for Mr. ROBERTS) ‘‘(2) Property accepted under subsection (a) ‘‘(C) the appropriate district court of the proposed an amendment to the bill S. 1042, may not be used— United States by its inaction constructively supra. ‘‘(A) if the use of such property in connec- authorizes the minor to consent to the abor- SA 2505. Mr. WARNER (for Mr. INOUYE) tion with any program, project, or activity tion as provided by subsection (d) or (e); or proposed an amendment to the bill S. 1042, would result in the violation of any prohibi- ‘‘(D) the physician performing the abor- supra. tion or limitation otherwise applicable to tion— SA 2506. Mr. WARNER (for Mrs. HUTCHISON such program, project, or activity; ‘‘(i) concludes that on the basis of the phy- (for herself, Mr. VOINOVICH, and Mr. NELSON, ‘‘(B) if the conditions attached to such sician’s good faith clinical judgment, a con- of Florida)) proposed an amendment to the property are inconsistent with applicable dition exists that complicates the medical bill S. 1042, supra. law or regulations; condition of the minor and necessitates the f ‘‘(C) if the use of such property would re- immediate abortion of her pregnancy to flect unfavorably on ability of the Depart- avert her death or to avoid a serious risk of TEXT OF AMENDMENTS ment of Defense, any employee of the De- substantial and irreversible impairment of a SA 2474. Mr. MARTINEZ (for himself partment, or any member of the armed major bodily function; and forces to carry out any responsibility or and Mr. WARNER) submitted an amend- ‘‘(ii) certifies in writing to the appropriate duty of the Department in a fair and objec- ment intended to be proposed by him medical official of the Department of De- tive manner; or fense, and in the patient’s medical record, to the bill S. 1042, to authorize appro- ‘‘(D) if the use of such property would com- the medical indications supporting the phy- priations for fiscal year 2006 for mili- promise the integrity or appearance of integ- sician’s judgment that the circumstances de- tary activities of the Department of rity of any program of the Department of scribed by clause (i) exist. Defense, for military construction, and Defense, or any individual involved in such a ‘‘(2) If a person to whom notice may be for defense activities of the Depart- program.’’. given under paragraph (1)(A) cannot be noti- ment of Energy, to prescribe personnel (c) CONFORMING AMENDMENT.—Subsection fied after a reasonable effort, a physician (c) of such section, as redesignated by sub- may perform an abortion if the physician strengths for such fiscal year for the section (b)(1) of this section, is further Armed Forces, and for other purposes; gives 48 hours constructive notice, by cer- amended in the flush matter following para- tified mail, restricted delivery, sent to the which was ordered to lie on the table; graph (4) by striking ‘‘benefit or use of the last known address, to the person to whom as follows: designated institution or organization’’ and notice may be given under that paragraph. At the end of subtitle C of title III, add the inserting ‘‘purposes specified in subsection The period under this paragraph begins when following: (a)’’. the notice is mailed. If the person required (d) GAO AUDITS.—Such section is further SEC. ll. IMPROVEMENT OF AUTHORITIES ON to be notified is not notified within the 48- GENERAL GIFT FUNDS OF THE DE- amended by adding at the end the following hour period, the abortion may proceed even PARTMENT OF DEFENSE. new subsection: if the notice by mail is not received. (a) RESTATEMENT AND EXPANSION OF CUR- ‘‘(f) The Comptroller General of the United ‘‘(3) The requirement that 48 hours actual RENT AUTHORITY.—Subsection (a) of section States shall make periodic audits of real or notice be provided under this subsection may 2601 of title 10, United States Code, is amend- personal property accepted under subsection be waived by an affidavit of— ed to read as follows: (a) at such intervals as the Comptroller Gen- ‘‘(A) the member of the armed forces con- ‘‘(a)(1) Subject to subsection (b), the Sec- eral determines to be warranted. The Comp- cerned, or another parent of the minor, if the retary concerned may accept, hold, admin- troller General shall submit to Congress a minor has no managing conservator or ister, and spend any gift, devise, or bequest report on the results of each such audit.’’. guardian; or of real or personal property made on the con- ‘‘(B) a court-appointed managing conser- dition that it be used for the benefit, or in SA 2475. Mr. BROWNBACK (for him- vator or guardian. connection with, the establishment, oper- self, Mr. COBURN, Mr. DEMINT, Mr. ‘‘(4) A physician may execute for inclusion ation, or maintenance of a school, hospital, INHOFE, Mr. SESSIONS, and Mr. TALENT) in the minor’s medical record an affidavit library, museum, cemetery, or other institu- submitted an amendment intended to stating that, according to the best informa- tion or organization under the jurisdiction of be proposed by him to the bill S. 1042, tion and belief of the physician, notice or such Secretary. to authorize appropriations for fiscal constructive notice has been provided as re- ‘‘(2)(A) Subject to subsection (b), the Sec- year 2006 for military activities of the quired by this subsection. Execution of an af- retary concerned may accept, hold, admin- Department of Defense, for military fidavit under this paragraph creates a pre- ister, and spend any gift, devise, or bequest sumption that the requirements of this sub- of real or personal property made on the con- construction, and for defense activities section have been satisfied. dition that it be used for the benefit of mem- of the Department of Energy, to pre- ‘‘(5) A certification required by paragraph bers of the armed forces or civilian employ- scribe personnel strengths for such fis- (1)(D) is confidential and privileged and is ees of United States Government, or the de- cal year for the Armed Forces, and for not subject to disclosure, discovery, sub- pendents or survivors of such members or other purposes; which was ordered to poena, or other legal process. Personal or employees, who are wounded or killed while lie on the table; as follows: identifying information about the minor, in- serving in Operation Iraqi Freedom, Oper- At the appropriate place, insert the fol- cluding her name, address, or social security ation Enduring Freedom, or any other mili- lowing: number, may not be included in a certifi- tary operation or activity, or geographic cation under paragraph (1)(D). The physician ll area, designated by the Secretary of Defense SEC. . PROTECTION OF CHILDREN AND PA- must keep the medical records on the minor RENTAL INVOLVEMENT IN THE PER- for purposes of this section. FORMANCE OF ABORTIONS FOR DE- in compliance with regulations prescribed by ‘‘(B) The Secretary of Defense shall pre- PENDENT CHILDREN OF MEMBERS the Secretary of Defense. scribe regulations specifying the conditions OF THE ARMED FORCES. ‘‘(6) A physician who intentionally per- that may be attached to a gift, devise, or be- Section 1093 of title 10, United States Code, forms an abortion on a pregnant uneman- quest accepted under this paragraph. is amended by adding at the end the fol- cipated minor in violation of this subsection ‘‘(C) The authority to accept gifts, devises, lowing new subsections: commits an offense punishable by a fine not or bequests under this paragraph shall expire ‘‘(c) PARENTAL NOTICE.—(1) A physician to exceed $10,000. on December 31, 2007. may not use facilities of the Department of ‘‘(7) It is a defense to prosecution under ‘‘(3) The Secretary concerned may pay all Defense to perform an abortion on a preg- this subsection that the minor falsely rep- necessary expenses in connection with the nant unemancipated minor who is a child of resented her age or identity to the physician conveyance or transfer of a gift, devise, or a member of the armed forces unless— to be at least 18 years of age by displaying an bequest made under this subsection.’’. ‘‘(A) the physician gives at least 48 hours apparently valid governmental record of (b) SCOPE OF AUTHORITY TO USE ACCEPTED actual notice, in person or by telephone, of identification such that a reasonable person PROPERTY.—Such section is further amend- the physician’s intent to perform the abor- under similar circumstances would have re- ed— tion to— lied on the representation. The defense does

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25551 not apply if the physician is shown to have ‘‘(8) If the court finds that the minor does ‘‘(2) The term ‘appropriate district court of had independent knowledge of the minor’s not meet the requirements of paragraph (6), the United States’ means— actual age or identity or failed to use due the court may not authorize the minor to ‘‘(A) with respect to a proposed abortion at diligence in determining the minor’s age or consent to an abortion without the notifica- a particular Department of Defense medical identity. tion authorized under subsection (c)(1). facility in the United States or its terri- ‘‘(d) JUDICIAL APPROVAL.—(1) A pregnant ‘‘(9) The court may not notify a parent, tories, the district court of the United States unemancipated minor who is a child of a managing conservator, or guardian that the having proper venue in relation to that facil- member of the armed forces and who wishes minor is pregnant or that the minor wants to ity; or to have an abortion using facilities of the have an abortion. The court proceedings ‘‘(B) if the minor is seeking an abortion at Department of Defense without notification shall be conducted in a manner that protects a particular Department of Defense facility to the member of the armed forces, another the anonymity of the minor. The application outside the United States or its territories— parent, her managing conservator, or her and all other court documents pertaining to ‘‘(i) if the minor elects to travel to the guardian may file an application for a court the proceedings are confidential and privi- United States in pursuit of an order author- order authorizing the minor to consent to leged and are not subject to disclosure, dis- izing the abortion, the district court of the the performance of an abortion without noti- covery, subpoena, or other legal process. The United States having proper venue in the fication to either of her parents or a man- minor may file the application using a pseu- district in which the minor first arrives from aging conservator or guardian. donym or using only her initials. outside the United States; or ‘‘(2) Any application under this subsection ‘‘(10) An order of the court issued under ‘‘(ii) if the minor elects not to travel to the may be filed in any appropriate district this subsection is confidential and privileged United States in pursuit of an order author- court of the United States. In the case of a and is not subject to disclosure, discovery, izing the abortion, the district court of the minor who elects not to travel to the United subpoena, or other legal process. The order United States for the district in which the States in pursuit of an order authorizing the may not be released to any person but the minor last resided. abortion, the court may conduct the pro- pregnant minor, the pregnant minor’s guard- ‘‘(3) The term ‘fetus’ means an individual ceedings in the case of such application by ian ad litem, the pregnant minor’s attorney, human organism from fertilization until telephone. ‘‘(3) An application under this subsection another person designated to receive the birth. shall be made under oath and include— order by the minor, or a governmental agen- ‘‘(4) The term ‘guardian’ means a court-ap- ‘‘(A) a statement that the minor is preg- cy or attorney in a criminal or administra- pointed guardian of the person of the minor. nant; tive action seeking to assert or protect the ‘‘(5) The term ‘physician’ means an indi- ‘‘(B) a statement that the minor is unmar- interest of the minor. vidual licensed to practice medicine. ried, is under 18 years of age, and has not had ‘‘(11) A filing fee is not required of and ‘‘(6) The term ‘unemancipated minor’ in- her disabilities removed; court costs may not be assessed against a cludes a minor who is not a member of the ‘‘(C) a statement that the minor wishes to minor filing an application under this sub- armed forces and who— have an abortion without the notification of section. ‘‘(A) is unmarried; and either of her parents or a managing conser- ‘‘(e) APPEAL.—(1) A minor whose applica- ‘‘(B) has not had any disabilities of minor- vator or guardian; and tion under subsection (d) is denied may ap- ity removed.’’. ‘‘(D) a statement as to whether the minor peal to the court of appeals of the United has retained an attorney and, if she has re- States having jurisdiction of the district SA 2476. Mr. DORGAN (for himself, tained an attorney, the name, address, and court of the United States that denied the Mr. DURBIN, Mrs. BOXER, and Mr. LAU- telephone number of her attorney. application. If the court of appeals fails to TENBERG) proposed an amendment to ‘‘(4) The court shall appoint a guardian ad rule on the appeal within 48 hours after the the bill S. 1042, to authorize appropria- litem for the minor. If the minor has not re- appeal is filed, the appeal shall be deemed to tions for fiscal year 2006 for military tained an attorney, the court shall appoint be granted and the physician may perform the abortion using facilities of the Depart- activities of the Department of De- an attorney to represent the minor. If the fense, for military construction, and guardian ad litem is an attorney, the court ment of Defense as if the court had issued an may appoint the guardian ad litem to serve order authorizing the minor to consent to for defense activities of the Depart- as the minor’s attorney. the performance of the abortion using facili- ment of Energy, to prescribe personnel ‘‘(5) The court may appoint to serve as ties of the Department of Defense without strengths for such fiscal year for the guardian ad litem for a minor— notification under subsection (c). Pro- Armed Forces, and for other purposes; ‘‘(A) a psychiatrist or an individual li- ceedings under this subsection shall be given as follows: censed or certified as a psychologist; precedence over other pending matters to the extent necessary to assure that the court At the appropriate place, insert the fol- ‘‘(B) a member of the clergy; lowing: ‘‘(C) a grandparent or an adult brother, sis- reaches a decision promptly. ter, aunt, or uncle of the minor; or ‘‘(2) A ruling of the court of appeals under TITLE—SPECIAL COMMITTEE OF SEN- ‘‘(D) another appropriate person selected this subsection is confidential and privileged ATE ON WAR AND RECONSTRUCTION by the court. and is not subject to disclosure, discovery, CONTRACTING ‘‘(6) The court shall determine within 48 subpoena, or other legal process. The ruling SEC.ll01. FINDINGS. hours after the application is filed whether may not be released to any person but the Congress makes the following findings: the minor is mature and sufficiently well-in- pregnant minor, the pregnant minor’s guard- (1) The wars in Iraq and Afghanistan have formed to make the decision to have an abor- ian ad litem, the pregnant minor’s attorney, exerted very Large demands on the Treasury tion performed without notification to either another person designated to receive the rul- of the United States and required tremen- of her parents or a managing conservator or ing by the minor, or a governmental agency dous sacrifice by the members of the Armed guardian, whether notification would not be or attorney in a criminal or administrative Forces of the United States. in the best interest of the minor, or whether action seeking to assert or protect the inter- (2) Congress has a constitutional responsi- notification may lead to physical, sexual, or est of the minor. bility to ensure comprehensive oversight of emotional abuse of the minor. If the court ‘‘(3) A filing fee is not required of and court the expenditure of United States Govern- finds that the minor is mature and suffi- costs may not be assessed against a minor ment funds. ciently well informed, that notification filing an appeal under this subsection. (3) Waste and corporate abuse of United would not be in the minor’s best interest, or ‘‘(f) RULE OF CONSTRUCTION.—Nothing in States Government resources are particu- that notification may lead to physical, sex- subsections (c), (d), or (e) shall be construed larly unacceptable and reprehensible during ual, or emotional abuse of the minor, the to create any exemption to the restrictions times of war. court shall enter an order authorizing the contained in subsections (a) and (b). (4) The magnitude of the funds involved in minor to consent to the performance of the ‘‘(g) DEFINITIONS.—In this section: the reconstruction of Afghanistan and Iraq abortion without notification to either of ‘‘(1) The term ‘abortion’ means the use of and the war on terrorism, together with the her parents or a managing conservator or any means at a medical facility of the De- speed with which these funds have been com- guardian and shall execute the required partment of Defense to terminate the preg- mitted, presents a challenge to the effective forms. nancy of a female known by an attending performance of the traditional oversight ‘‘(7) If the court fails to rule on the appli- physician to be pregnant, with the intention function of Congress and the auditing func- cation within the period specified in para- that the termination of the pregnancy by tions of the executive branch. graph (6), the application shall be deemed to those means will with reasonable likelihood (5) The Senate Special Committee to Inves- be granted and the physician may perform cause the death of the fetus. The term ap- tigate the National Defense Program, popu- the abortion as if the court had issued an plies only to an unemancipated minor known larly know as the Truman Committee, which order authorizing the minor to consent to by an attending physician to be pregnant was established during World War II, offers a the performance of the abortion without no- and may not be construed to limit a minor’s constructive precedent for bipartisan over- tification under subsection (c). access to contraceptives. sight of wartime contracting that can also

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be extended to wartime and postwar recon- (2) DATE.—The appointments of the mem- sons designated by the Chairman for that struction activities. bers of the Special Committee shall be made purpose. (6) The Truman Committee is credited with not later than 90 days after the date of the (2) ENFORCEMENT.—In the case of contu- an extremely successful investigative effort, enactment of this Act. macy or failure to obey a subpoena issued performance of a significant public edu- (b) VACANCIES.—Any vacancy in the Spe- under subsection (a), the United States dis- cation role, and achievement of fiscal sav- cial Committee shall not affect its powers, trict court for the judicial district in which ings measured in the billions of dollar. but shall be filled in the same manner as the the subpoenaed person resides, is served, or (7) The public has a right to expect that original appointment. may be found may issue an order requiring taxpayer resources will be carefully dis- (c) SERVICE.—Service of a Senator as a such person to appear at any designated bursed and honestly spent. member, chairman, or ranking member of place to testify or to produce documentary SEC.ll02. SPECIAL COMMITTEE ON WAR AND the Special Committee shall not be taken or other evidence. Any failure to obey the RECONSTRUCTION CONTRACTING. into account for the purposes of paragraph order of the court may be punished by the There is established a special committee of (4) of rule XXV of the Standing Rules of the court as a contempt of that court. the Senate to be known as the Special Com- Senate. (d) MEETINGS.—The Special Committee mittee on War and Reconstruction Con- (d) CHAIRMAN AND RANKING MEMBER.—The may sit and act at any time or place during tracting hereafter in this title referred to as chairman of the Special Committee shall be sessions, recesses, and adjournment periods the ‘‘Special Committee’’). designated by the majority leader of the Sen- of the Senate. SEC.ll03. PURPOSE AND DUTIES. ate, and the ranking member of the Special SEC. ll07. REPORTS. (a) PURPOSE.—The purpose of the Special Committee shall be designated by the minor- (a) INITIAL REPORT.—The Special Com- Committee is to investigate the awarding ity leader of the Senate. mittee shall submit to the Senate a report and performance of contracts military, secu- (e) QUORUM.— on the investigation conducted pursuant to rity, and reconstruction activities in Af- (1) REPORTS AND RECOMMENDATIONS.—A ma- section ll03 not later than 270 days after ghanistan and Iraq and to support the pros- jority of the members of the Special Com- the appointment of the Special Committee ecution of the war on terrorism. mittee shall constitute a quorum for the pur- members. (B) DUTIES.—The Special Committee shall pose of reporting a matter or recommenda- (b) UPDATED REPORT.—The Special Com- examine the contracting actions described in tion to the Senate. mittee shall submit an updated report on subsection (a) and report on such actions, in (2) TESTIMONY.—One member of the Special such investigation not later than 180 days accordance with this section, regarding— Committee shall constitute a quorum for the after the submission of the report under sub- (1) bidding, contracting, accounting, and purpose of taking testimony. section (a). auditing standards for Federal Government (3) OTHER BUSINESS.—A majority of the (c) ADDITIONAL REPORTS.—The Special 1 contracts; members of the Special Committee, or ⁄3 of Committee may submit any additional re- (2) methods of contracting, including sole- the members of the Special Committee if at port or reports that the Special Committee source contracts and limited competition or least one member of the minority party is considers appropriate. non-competitive contracts; present, shall constitute a quorum for the (d) FINDINGS AND RECOMMENDATIONS.—The (3) subcontracting under large, comprehen- purpose of conducting any other business of reports under this section shall include find- sive contracts; the Special Committee. ings and recommendations of the Special (4) oversight procedures; SEC. ll05. RULES AND PROCEDURES. Committee regarding the matters considered (5) consequences of cost-plus and fixed (a) GOVERNANCE UNDER STANDING RULES OF under section ll03. price contracting; SENATE.—Except as otherwise specifically (e) DISPOSITION OF REPORTS.—Any report (6) allegations of wasteful and fraudulent provided in this resolution, the investiga- made by the Special Committee when the practices; tion, study, and hearings conducted by the Senate is not in session shall be submitted to (7) accountability of contractors and Gov- Special Committee shall be governed by the the Clerk of the Senate. Any report made by ernment officials involved in procurement Standing Rules of the Senate. the Special Committee shall be referred to and contracting; (b) ADDITIONAL RULES AND PROCEDURES.— the committee or committees that have ju- (8) penalties for violations of law and The Special Committee may adopt addi- risdiction over the subject matter of the re- abuses in the awarding and performance of tional rules or procedures of the chairman port. Government contracts; and and ranking member agree that such addi- SEC. ll08. ADMINISTRATIVE PROVISIONS. (9) lessons learned from the contracting tional rules or procedures are necessary to (A) STAFF.— process used in Iraq and Afghanistan and in enable the Special Committee to conduct the (1)(1) IN GENERAL.—The Special Committee connection with the war on terrorism with investigation, study, and hearings author- may employ in accordance with paragraph respect to the structure, coordination, man- ized by this resolution. Any such additional (2) a staff composed of such clerical, inves- agement policies, and procedures of the Fed- rules and procedures— tigatory, legal, technical, and other per- eral Government. (1) shall not be inconsistent with this reso- sonnel as the Special Committee, or the (c) INVESTIGATION OF WASTEFUL AND lution or the Standing Rules of the Senate; chairman or the ranking member, considers FRAUDULENT PRACTICES.—The investigation and necessary or appropriate. by the Special Committee of allegations of (2) shall become effective upon publication (2) APPOINTMENT OF STAFF.— wasteful and fraudulent practices under sub- in the Congressional Record. (A) IN GENERAL.—The Special Committee section (b)(6) shall include investigation of SEC. ll06. AUTHORITY OF SPECIAL COMMITTEE. shall appoint a staff for the majority, a staff allegations regarding any contract or spend- (a) IN GENERAL.—The Special Committee for the minority, and a nondesignated staff. ing entered into, supervised by, or otherwise may exercise all of the powers and respon- (B) MAJORITY STAFF.—The minority staff involving the Coalition Provisional Author- sibilities of a committee under rule XXVI of shall be appointed, and may be removed, by ity, regardless of whether or not such con- the Standing Rules of the Senate. the chairman and shall work under the gen- tract or spending involved appropriated (b) HEARINGS.—The Special Committee or, eral supervision and direction of the chair- funds of the United States. at its direction, any subcommittee or mem- man. (d) EVIDENCE CONSIDERED.—In carrying out ber of the Special Committee, may, for the (C) MINORITY STAFF.—The minority staff its duties, the Special Committee shall as- purpose of carrying out this resolution— shall be appointed, and may be removed, by certain and evaluate the evidence developed (1) hold such hearings, sit and act at such the ranking member of the Special Com- by all relevant governmental agencies re- times and places, take such testimony, re- mittee, and shall work under the general su- garding the facts and circumstances relevant ceive such evidence, and administer such pervision and direction of such member. to contracts described in subsection (a) and oaths as the Special Committee or such sub- (D) NONDESIGNATED STAFF.—Nondesignated any contract or spending covered by sub- committee or member considers advisable; staff shall be appointed, and may be re- section (c). and moved, jointly by the chairman and the SEC.ll04. COMPOSITION OF SPECIAL COM- (2) require, by subpoena or otherwise, the ranking member, and shall work under the MITTEE. attendance and testimony of such witnesses joint general supervision and direction of the (a) MEMBERSHIP.— and the production of such books, records, chairman and ranking member. (1) IN GENERAL.—The Special Committee correspondence, memoranda, papers, docu- (b) COMPENSATION. shall consist of 7 members of the Senate of ments, tapes, and materials as the Special (1) MAJORITY STAFF.—The chairman shall whom— Committee considers advisable. fix the compensation of all personnel of the (A) 4 members shall be appointed by the (c) ISSUANCE AND ENFORCEMENT OF SUB- majority staff of the Special Committee. President pro tempore of the Senate, in con- POENAS.— (2) MINORITY STAFF.—The ranking member sultation with the majority leader of the (1) ISSUANCE.—Subpoenas issued under sub- shall fix the compensation of all personnel of Senate; and section (b) shall bear the signature of the the minority staff of the Special Committee. (B) 3 members shall be appointed by the Chairman of the Special Committee and (3) NONDESIGNATED STAFF.—The chairman minority leader of the Senate. shall be served by any person or class of per- and ranking member shall jointly fix the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25553 compensation of all nondesignated staff of airlift capabilities required to support the with respect to any knowing violation of law the Special Committee, within the budget national defense strategy. or regulation described in such subsection, approved for such purposes for the Special (2) ADDITIONAL INFORMATION.—In including regardless of whether such violation occurs Committee. the assessment required by paragraph (1) in before, on, or after that date. (c) REIMBURSEMENT OF EXPENSES.—The the quadrennial defense review as required (b) CLARIFICATION OF AUTHORITY TO ISSUE Special Committee may reimburse the mem- by that paragraph, the Secretary shall ex- SECURITY REGULATIONS AND ORDERS.— bers of its staff for travel, subsistence, and plain how the recommendations for future other necessary expenses incurred by such airlift force structure requirements in that SA 2479. Mrs. FEINSTEIN submitted staff members in the performance of their quadrennial defense review take into ac- an amendment intended to be proposed functions for the Special Committee. count the following: to amendment SA 2445 submitted by (d) PAYMENT OF EXPENSES.—There shall be (A) The increased airlift demands associ- Mr. BROWNBACK (for himself, Mr. paid out of the applicable accounts of the ated with the Army modular brigade combat INHOFE, and Mr. DEMINT) and intended Senate such sums as may be necessary for teams. the expenses of the Special Committee. Such (B) The objective to deliver a brigade com- to be proposed to the bill S. 1042, to au- payments shall be made on vouchers signed bat team anywhere in the world within four thorize appropriations for fiscal year by the chairman of the Special Committee to seven days, a division within 10 days, and 2006 for military activities of the De- and approved in the manner directed by the multiple divisions within 20 days. partment of Defense, for military con- Committee on Rules and Administration of (C) The increased airlift demands associ- struction, and for defense activities of the Senate. Amounts made available under ated with the expanded scope of operational the Department of Energy, to prescribe this subsection shall be expended in accord- activities of the Special Operations forces. personnel strengths for such fiscal year ance with regulations prescribed by the Com- (D) The realignment of the overseas basing for the Armed Forces, and for other mittee on Rules and Administration of the structure in accordance with the Integrated Senate. Presence and Basing Strategy. purposes; which was ordered to lie on SEC. ll09. TERMINATION. (E) Adjustments in the force structure to the table; as follows: The Special Committee shall terminate on meet homeland defense requirements. On page 3 of the amendment, strike lines 3 February 28, 2007. (F) The potential for simultaneous home- through 17, and insert the following: SEC. ll10. SENSE OF SENATE ON CERTAIN land defense activities and major combat op- ‘‘(D) it is necessary to preserve the life or CLAIMS REGARDING THE COALITION erations. health of the minor.’’. PROVISIONAL AUTHORITY. (G) Potential changes in requirements for It is the sense of the Senate that any claim intra-theater airlift or sealift capabilities. SA 2480. Mrs. FEINSTEIN submitted of fraud, waste, or abuse under the False (d) MAINTENANCE OF C–17 AIRCRAFT PRO- an amendment intended to be proposed Claims Act that involves any contract or DUCTION LINE.—In the event the Secretary of to amendment SA 2475 submitted by Defense is unable to make the certification spending by the Coalition Provisional Au- Mr. BROWNBACK (for himself, Mr. thority should be considered a claim against specified in subsection (b), the Secretary of COBURN, Mr. DEMINT, Mr. INHOFE, Mr. the United States Government. the Air Force should procure sufficient C–17 aircraft to maintain the C–17 aircraft pro- SESSIONS, and Mr. TALENT) and in- SA 2477. Mr. TALENT (for himself, duction line at not less than the minimum tended to be proposed to the bill S. Mr. WARNER, Mr. STEVENS, Mr. CHAM- sustaining rate until sufficient flight test 1042, to authorize appropriations for BLISS, Mr. CORNYN, Mr. LIEBERMAN, data regarding improved C–5 aircraft mission fiscal year 2006 for military activities capability rates as a result of the Reliability Mrs. BOXER, Mrs. FEINSTEIN, Ms. COL- of the Department of Defense, for mili- Enhancement and Re-engining Program and LINS, Mr. DEWINE, Mr. DODD, and Mr. tary construction, and for defense ac- Avionics Modernization Program have been tivities of the Department of Energy, INHOFE) submitted an amendment in- obtained to determine the validity of as- tended to be proposed by him to the sumptions concerning the C–5 aircraft used to prescribe personnel strengths for bill S. 1042, to authorize appropriations in the Mobility Capabilities Study. such fiscal year for the Armed Forces, for fiscal year 2006 for military activi- and for other purposes; which was or- ties of the Department of Defense, for SA 2478. Mr. LAUTENBERG proposed dered to lie on the table; as follows: military construction, and for defense an amendment to the bill S. 1042, to au- On page 3 of the amendment, strike lines 3 activities of the Department of Energy, thorize appropriations for fiscal year through 17, and insert the following: to prescribe personnel strengths for 2006 for military activities of the De- ‘‘(D) it is necessary to preserve the life or such fiscal year for the Armed Forces, partment of Defense, for military con- health of the minor.’’. struction, and for defense activities of and for other purposes; as follows: SA 2481. Mr. SALAZAR (for himself, Strike section 131 and insert the following: the Department of Energy, to prescribe personnel strengths for such fiscal year Mr. LAUTENBERG, Mr. REED, Mr. DUR- SEC. 131. C–17 AIRCRAFT PROGRAM AND INTER- for the Armed Forces, and for other BIN, and Mr. KYL) submitted an amend- THEATER AIRLIFT REQUIREMENTS. ment intended to be proposed by him (a) MULTIYEAR PROCUREMENT AUTHOR- purposes; as follows: to the bill S. 1042, to authorize appro- IZED.—The Secretary of the Air Force may, On page 286, strike lines 1 through 3, and in accordance with section 2306b of title 10, insert the following: priations for fiscal year 2006 for mili- United States Code, enter into a multiyear SEC. 1072. IMPROVEMENTS OF INTERNAL SECU- tary activities of the Department of contract, beginning with the fiscal year 2006 RITY ACT OF 1950. Defense, for military construciton, and program year, for the procurement of up to (a) PROHIBITION ON HOLDING OF SECURITY for defense activities of the Depart- 42 additional C–17 aircraft. CLEARANCE AFTER CERTAIN VIOLATIONS ON ment of Energy, to prescribe personnel (b) CERTIFICATION REQUIRED.—Before the HANDLING OF CLASSIFIED INFORMATION.— strengths for such fiscal year for the exercise of the authority in subsection (a), (1) PROHIBITION.—Section 4 of the Internal Armed Forces, and for other purposes; the Secretary of Defense shall submit to the Security Act of 1950 (50 U.S.C. 783) is amend- congressional defense committees a certifi- ed by adding at the end the following new which was ordered to lie on the table; cation that the additional airlift capacity to subsection: as follows: be provided by the C–17 aircraft to be pro- ‘‘(f) No person who knowingly violates a On page 286, between lines 7 and 8, insert cured under the authority is consistent with law or regulation regarding the handling of the following: the quadrennial defense review under section classified information in a manner that SEC. 1073. SENSE OF SENATE ON COMMON RE- 118 of title 10, United States Code, to be sub- could have a significant adverse impact on MOTELY OPERATED WEAPONS STA- mitted to Congress with the budget of the the national security of the United States, TION (CROWS) PLATFORM. President for fiscal year 2007 (as submitted including the knowing disclosure of the iden- (a) FINDINGS.—The Senate makes the fol- under section 1105(a) of title 31, United tity of a covert agent of the Central Intel- lowing findings: States Code), as qualified by subsection (c). ligence Agency to a person not authorized to (1) With only a few systems deployed, the (c) ADDITIONAL EXPLANATION OF INTER-THE- receive such information, shall be permitted Common Remotely Operated Weapons Sta- ATER AIRLIFT REQUIREMENTS.— to hold a security clearance for access to tion (CROWS) platform is already saving the (1) INCLUSION IN QUADRENNIAL DEFENSE RE- classified information.’’. lives of soldiers today in Iraq by moving sol- VIEW.—The Secretary of Defense shall, as (2) APPLICABILITY.—Subsection (f) of sec- diers out of the exposed gunner’s seat and part of the quadrennial defense review in 2005 tion 4 of the Internal Security Act of 1950, as into the protective shell of an up-armored and in accordance with the provisions of sec- added by paragraph (1), shall apply to any in- Humvee. tion 118(d)(9) of title 10, United States Code, dividual holding a security clearance on or (2) The Common Remotely Operated Weap- carry out an assessment of the inter-theater after the date of the enactment of this Act ons Station platform dramatically improves

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25554 CONGRESSIONAL RECORD—SENATE November 9, 2005 battlefield awareness by providing a laser bill S. 1042, to authorize appropriations amended by adding at the end the following rangefinder, night vision, telescopic vision, a for fiscal year 2006 for military activi- new item: fire control computer that allows on-the- ties of the Department of Defense, for ‘‘910. Replacement of lost income: involun- move target acquisition, and one-shot one- military construction, and for defense tarily mobilized reserve compo- kill accuracy at the maximum range of a nent members subject to ex- weapon. activities of the Department of Energy, to prescribe personnel strengths for tended and frequent active duty (3) As they become available, new tech- service.’’. nologies can be incorporated into the Com- such fiscal year for the Armed Forces, (c) EFFECTIVE DATE.—Section 910 of title mon Remotely Operated Weapons Station and for other purposes; as follows: 37, United States Code, as added by sub- platform, thus making the platform scalable. At the end of subtitle A of title VI, add the section (a), shall apply for months after De- (4) The Army has indicated that an addi- following: cember 2005. tional $206,000,000 will be required in fiscal SEC. ll. INCOME REPLACEMENT PAYMENTS (d) LIMITATION ON FISCAL YEAR 2006 OBLI- year 2006 to procure 750 Common Remotely FOR RESERVES EXPERIENCING EX- GATIONS.—During fiscal year 2006, obligations Operated Weapons Station units for the TENDED AND FREQUENT MOBILIZA- incurred under section 910 of title 37, United Armed Forces, and to prepare for future pro- TION FOR ACTIVE DUTY SERVICE. States Code, to provide income replacement (a) IN GENERAL.—Chapter 19 of title 37, duction of such weapons stations. payments to involuntarily mobilized mem- United States Code, is amended by adding at (b) SENSE OF SENATE.—It is the sense of the bers of a reserve component who are subject the end the following new section: Senate that the President should include in to extended and frequent active duty service the next request submitted to Congress for ‘‘§ 910. Replacement of lost income: involun- may not exceed $60,000,000. supplemental funding for military oper- tarily mobilized reserve component mem- ations in Iraq and Afghanistan sufficient bers subject to extended and frequent ac- SA 2484. Mr. WARNER (for Mr. funds for the production in fiscal year 2006 of tive duty service SANTORUM) proposed an amendment to a number of Common Remotely Operated ‘‘(a) PAYMENT REQUIRED.—The Secretary Weapons Station units that is adequate to the bill S. 1042, to authorize appropria- concerned shall pay to an eligible member of tions for fiscal year 2006 for military meet the requirements of the Armed Forces. a reserve component of the armed forces an amount equal to the monthly active-duty in- activities of the Department of De- SA 2482. Mr. DEWINE submitted an come differential of the member, as deter- fense, for military construction, and amendment intended to be proposed by mined by the Secretary. The payments shall for defense activities of the Depart- him to the bill S. 1042, to authorize ap- be made on a monthly basis. ment of Energy, to prescribe personnel propriations for fiscal year 2006 for ‘‘(b) ELIGIBILITY.—Subject to subsection strengths for such fiscal year for the military activities of the Deparment of (c), a reserve component member is entitled Armed Forces, and for other purposes; Defense, for military construction, and to a payment under this section for any full as follows: for defense activities of the Depart- month of active duty of the member, while on active duty under an involuntary mobili- At the end of subtitle B of title II, add the ment of Energy, to prescribe personnel zation order, following the date on which the following: strengths for such fiscal year for the member— SEC. 213. WARHEAD/GRENADE SCIENTIFIC BASED Armed Forces, and for other purposes; ‘‘(1) completes 180 continuous days of serv- MANUFACTURING TECHNOLOGY. which was ordered to lie on the table; ice on active duty under such an order; (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- as follows: ‘‘(2) completes 24 months on active duty VELOPMENT, TEST, AND EVALUATION FOR THE during the previous 60 months under such an ARMY.—The amount authorized to be appro- At the end of subtitle B of title VII, add priated by section 201(1) for research, devel- the following: order; or ‘‘(3) is involuntarily mobilized for service opment, test, and evaluation for the Army is SEC. 718. STUDY AND REPORTS ON CIVILIAN AND on active duty six months or less following hereby increased by $1,000,000. MILITARY PARTNERSHIP PROJECT. the member’s separation from the member’s (b) AVAILABILITY OF AMOUNT.—Of the (a) STUDY.—The Secretary of the Air Force previous period of active duty. amount authorized to be appropriated by shall conduct a study on the progress and ‘‘(c) MINIMUM AND MAXIMUM PAYMENT section 201(1) for research, development, test, success of the implementation of the mili- AMOUNTS.—(1) A payment under this section and evaluation for the Army, as increased by tary and civilian partnership project. shall be made to a member for a month only subsection (a), $1,000,000 may be available for (b) REPORTS.— if the amount of the monthly active-duty in- Weapons and Ammunition Technology (1) INTERIM REPORT.—Not later than March come differential for the month is greater (PE#602624A) for Warhead/Grenade Scientific 1, 2006, the Secretary of the Air Force shall than $50. Based Manufacturing Technology. submit to the appropriate congressional ‘‘(2) Notwithstanding the amount deter- (c) OFFSET.—The amount authorized to be committees an interim report on the imple- mined under subsection (d) for a member for appropriated by section 301(4) for operation mentation of the military and civilian part- a month, the monthly payment to a member and maintenance, Air Force activities is nership project. The interim report shall spe- under this section may not exceed $3,000. hereby reduced by $1,000,000. cifically describe any issues that require ac- ‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIF- tion by Congress in order to fully implement FERENTIAL.—For purposes of this section, the SA 2485. Mr. WARNER (for Mr. such project. monthly active-duty income differential of a AKAKA) proposed an amendment to the (2) FINAL REPORT.—Not later than Decem- member is the difference between— bill S. 1042, to authorize appropriations ber 31, 2006, the Secretary of the Air Force ‘‘(1) the average monthly civilian income for fiscal year 2006 for military activi- shall submit to the appropriate congres- of the member; and ties of the Department of Defense, for sional committees a final report on the ‘‘(2) the member’s total monthly military study required by subsection (a), including military construction, and for defense compensation. activities of the Department of Energy, an assessment of the progress and success of ‘‘(e) DEFINITIONS.—In this section: the implementation of the military and ci- ‘‘(1) The term ‘average monthly civilian in- to prescribe personnel strengths for vilian partnership project. come’, with respect to a member of a reserve such fiscal year for the Armed Forces, (c) DEFINITIONS.—In this section: component, means the amount, determined and for other purposes; as follows: (1) APPROPRIATE CONGRESSIONAL COMMIT- by the Secretary concerned, of the earned in- On page 286, between lines 7 and 8, insert TEES.—The term ‘‘appropriate congressional come of the member for either the 12 months the following: committees’’ means the Committee on preceding the member’s mobilization or the Armed Services of the Senate and the Com- SEC. 1073. ESTABLISHMENT OF NATIONAL FOR- 12 months covered by the member’s most re- EIGN LANGUAGE COORDINATION mittee on Armed Services of the House of cent Federal income tax filing, divided by 12. COUNCIL. Representatives. ‘‘(2) The term ‘total monthly military (a) ESTABLISHMENT.—There is established (2) MILITARY AND CIVILIAN PARTNERSHIP compensation’ means the amount, computed the National Foreign Language Coordination PROJECT.—The term ‘‘military and civilian on a monthly basis, of the sum of— Council (in this section referred to as the partnership project’’ means the military and ‘‘(A) the amount of the regular military ‘‘Council’’), which shall be an independent civilian partnership project described in the compensation (RMC) of the member; and establishment as defined under section 104 of Centennial Memorandum of Agreement of ‘‘(B) any amount of special pay or incen- title 5, United States Code. December 17, 2003, and carried out at the tive pay and any allowance (other than an (b) MEMBERSHIP.—The Council shall consist Wright-Patterson Air Force Base. allowance included in regular military com- of the following members or their designees: pensation) that is paid to the member on a (1) The National Language Director, who SA 2483. Mr. DURBIN (for Mr. BAYH monthly basis.’’. shall serve as the chairperson of the Council. (for himself, Mr. DURBIN, and Ms. LAN- (b) CLERICAL AMENDMENT.—The table of (2) The Secretary of Education. DRIEU)) proposed an amendment to the sections at the beginning of such chapter is (3) The Secretary of Defense.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25555 (4) The Secretary of State. (ii) corresponding assessments for the ele- (3) shall create and maintain a website (5) The Secretary of Homeland Security. mentary, secondary, and postsecondary edu- containing information on the Council and (6) The Attorney General. cation levels, including the National Assess- its activities, best practices on language (7) The Director of National Intelligence. ment of Educational Progress in foreign lan- education, and other relevant information. (8) The Secretary of Labor. guages; (h) REPORTS.—Not later than 90 days after (9) The Director of the Office of Personnel (I) development of — the date of enactment of this section, and Management. (i) language skill-level certification stand- annually thereafter, the Council shall pre- (10) The Director of the Office of Manage- ards; pare and transmit to the President and Con- ment and Budget. (ii) an ideal course of pre-service and pro- gress a report that describes the activities of (11) The Secretary of Commerce. fessional development study for those who the Council and the efforts of the Council to (12) The Secretary of Health and Human teach foreign language; improve foreign language education and Services. (iii) suggested graduation criteria for for- training and impediments, including any (13) The Secretary of the Treasury. eign language studies and appropriate non- statutory and regulatory restrictions, to the (14) The Secretary of Housing and Urban language studies, such as— use of each such program. Development. (I) international business; (i) ESTABLISHMENT OF A NATIONAL LAN- (15) The Secretary of Agriculture. (II) national security; GUAGE DIRECTOR.— (16) The heads of such other Federal agen- (III) public administration; (1) IN GENERAL.—There is established a Na- cies as the Council considers appropriate. (IV) health care; tional Language Director who shall be ap- (c) RESPONSIBILITIES.— (V) engineering; pointed by the President. The National Lan- (1) IN GENERAL.—The Council shall be (VI) law; guage Director shall be a nationally recog- charged with— (VII) journalism; and nized individual with credentials and abili- (A) developing a national foreign language (VIII) sciences; and ties across all of the sectors to be involved strategy, within 18 months of the date of en- (J) identification of and means for repli- with creating and implementing long-term actment of this section, in consultation cating best practices at all levels and in all solutions to achieving national foreign lan- with— sectors, including best practices from the guage and cultural competency. (i) State and local government agencies; international community. (2) RESPONSIBILITIES.—The National Lan- (ii) academic sector institutions; (d) MEETINGS.—The Council may hold such guage Director shall— (iii) foreign language related interest meetings, and sit and act at such times and (A) develop and oversee the implementa- groups; places, as the Council considers appropriate, tion of a national foreign language strategy (iv) business associations; but shall meet in formal session at least 2 across all sectors; (v) industry; and times a year. State and local government (B) establish formal relationships among (vi) heritage associations; agencies and other organizations (such as the major stakeholders in meeting the needs academic sector institutions, foreign lan- (B) conducting a survey of Federal agency of the Nation for improved capabilities in guage-related interest groups, business asso- needs for foreign language area expertise; foreign languages and cultural under- ciations, industry, and heritage community and standing, including Federal, State, and local (C) overseeing the implementation of such organizations) shall be invited, as appro- government agencies, academia, industry, strategy through— priate, to public meetings of the Council at labor, and heritage communities; and (i) execution of subsequent law; and least once a year. (C) coordinate and lead a public informa- (ii) the promulgation and enforcement of (e) STAFF.— tion campaign that raises awareness of pub- rules and regulations. (1) IN GENERAL.—The Director may appoint lic and private sector careers requiring for- (2) STRATEGY CONTENT.—The strategy de- and fix the compensation of such additional eign language skills and cultural under- veloped under paragraph (1) shall include— personnel as the Director considers nec- standing, with the objective of increasing in- (A) identification of crucial priorities essary to carry out the duties of the Council. terest in and support for the study of foreign across all sectors; (2) DETAILS FROM OTHER AGENCIES.—Upon (B) identification and evaluation of Fed- request of the Council, the head of any Fed- languages among national leaders, the busi- eral foreign language programs and activi- eral agency may detail, on a reimbursable ness community, local officials, parents, and ties, including— basis, any of the personnel of such agency to individuals. (i) recommendations on coordination; the Council. (3) COMPENSATION.—The National Language (ii) program enhancements; and (3) EXPERTS AND CONSULTANTS.—With the Director shall be paid at a rate of pay pay- (iii) allocation of resources so as to maxi- approval of the Council, the Director may able for a position at level V of the Execu- mize use of resources; procure temporary and intermittent services tive Schedule under section 5316 of title 5, (C) needed national policies and cor- under section 3109(b) of title 5, United States United States Code. responding legislative and regulatory ac- Code. (j) ENCOURAGEMENT OF STATE INVOLVE- tions in support of, and allocation of des- (f) POWERS.— MENT.— ignated resources to, promising programs (1) DELEGATION.—Any member or employee (1) STATE CONTACT PERSONS.—The Council and initiatives at all levels (Federal, State, of the Council may, if authorized by the shall consult with each State to provide for and local), especially in the less commonly Council, take any action that the Council is the designation by each State of an indi- taught languages that are seen as critical for authorized to take in this section. vidual to serve as a State contact person for national security and global competitiveness (2) INFORMATION.—The Council may secure the purpose of receiving and disseminating in the next 20 to 50 years; directly from any Federal agency such infor- information and communications received (D) effective ways to increase public mation, consistent with Federal privacy from the Council. awareness of the need for foreign language laws, the Council considers necessary to (2) STATE INTERAGENCY COUNCILS AND LEAD skills and career paths in all sectors that can carry out its responsibilities. Upon request AGENCIES.—Each State is encouraged to es- employ those skills, with the objective of in- of the Director, the head of such agency tablish a State interagency council on for- creasing support for foreign language study shall furnish such information to the Coun- eign language coordination or designate a among— cil. lead agency for the State for the purpose of (i) Federal, State, and local leaders; (3) DONATIONS.—The Council may accept, assuming primary responsibility for coordi- (ii) students; use, and dispose of gifts or donations of serv- nating and interacting with the Council and (iii) parents; ices or property. State and local government agencies as nec- (iv) elementary, secondary, and postsec- (4) MAIL.—The Council may use the United essary. ondary educational institutions; and States mail in the same manner and under (k) AUTHORIZATION OF APPROPRIATIONS.— (v) potential employers; the same conditions as other Federal agen- There are authorized to be appropriated such (E) incentives for related educational pro- cies. sums as necessary to carry out this section. grams, including foreign language teacher (g) CONFERENCES, NEWSLETTER, AND training; WEBSITE.—In carrying out this section, the SA 2486. Mr. WARNER (for Mr. EN- (F) coordination of cross-sector efforts, in- Council— SIGN) proposed an amendment to the cluding public-private partnerships; (1) may arrange Federal, regional, State, bill S. 1042, to authorize appropriations (G) coordination initiatives to develop a and local conferences for the purpose of de- for fiscal year 2006 for military activi- strategic posture for language research and veloping and coordinating effective programs ties of the Department of Defense, for recommendations for funding for applied for- and activities to improve foreign language military construction, and for defense eign language research into issues of na- education; tional concern; (2) may publish a newsletter concerning activities of the Department of Energy, (H) assistance for— Federal, State, and local programs that are to prescribe personnel strengths for (i) the development of foreign language effectively meeting the foreign language such fiscal year for the Armed Forces, achievement standards; and needs of the nation; and and for other purposes; as follows:

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At the end of subtitle C of title III, add the (2) a recruiting strategy to target foreign (b) FUNDING AND LIMITATIONS.—Such sec- following: language speakers, including members of tion is further amended— SEC. 330. POINT OF MAINTENANCE/ARSENAL/ heritage communities, to participate in the (1) by redesignating subsections (d), (e), DEPOT AIT INITIATIVE. Reserve Officers’ Training Corps. and (f) as subsections (e), (f), and (g), respec- (a) ADDITIONAL AMOUNT FOR OPERATION AND (b) REPORT REQUIRED.—Not later than 180 tively; and MAINTENANCE, ARMY.—The amount author- days after the date of the enactment of this (2) by inserting after subsection (c) the fol- ized to be appropriated by section 301(1) for Act, the Secretary shall submit to the con- lowing new subsection: operation and maintenance for the Army is gressional defense committees a report on ‘‘(d) FUNDING FOR SUPPORT OF CERTAIN hereby increased by $10,000,000. the actions taken to carry out this section. EVENTS.—(1) Funds to provide support for a (b) AVAILABILITY OF AMOUNT.—Of the sporting event described in paragraph (4) or amount authorized to be appropriated by SA 2489. Mr. WARNER (for Mr. (5) of subsection (c) shall be derived from the section 301(1) for operation and maintenance BINGAMAN (for himself and Mr. DOMEN- Support for International Sporting Competi- for the Army, as increased by subsection (a), ICI) proposed an amendment to the bill tions, Defense account established by section $16,000,000 may be available for the Point of S. 1042, to authorize appropriations for 5802 of Public Law 104–208 (110 Stat. 3009–522), Maintenance/Arsenal/Depot AIT (AD-AIT) notwithstanding any limitation in such sec- Initiative. fiscal year 2006 for military activities of the Department of Defense, for mili- tion relating to the availability of funds in (c) OFFSET.—The amount authorized to be such account for support of international appropriated by section 301(4) is hereby re- tary construction, and for defense ac- sporting competitions. duced by $10,000,000 to be derived from tivities of the Department of Energy, ‘‘(2) The total amount that may be ex- amounts authorized to be appropriated by to prescribe personnel strengths for pended in any fiscal year to provide support that section for the Air Force. such fiscal year for the Armed Forces, for a sporting event described in paragraph (5) of subsection (c) may not exceed Mr. WARNER (for Mr. EN- and for other purposes; as follows: SA 2487. $1,000,000.’’. SIGN) proposed an amendment to the At the end of subtitle B of title II, add the following: bill S. 1042, to authorize appropriations SA 2491. Mr. WARNER proposed an for fiscal year 2006 for military activi- SEC. 213. FIELD PROGRAMMABLE GATE ARRAY. (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- amendment to the bill S. 1042, to au- ties of the Department of Defense, for VELOPMENT, TEST, AND EVALUATION, AIR thorize appropriations for fiscal year military construction, and for defense FORCE.—The amount authorized to be appro- 2006 for military activities of the De- activities of the Department of Energy, priated by section 201(3) for research, devel- partment of Defense, for military con- to prescribe personnel strengths for opment, test, and evaluation for the Air struction, and for defense activities of such fiscal year for the Armed Forces, Force is hereby increased by $3,000,000. the Department of Energy, to prescribe and for other purposes; as follows: (b) AVAILABILITY OF AMOUNT.—Of the amount authorized to be appropriated by personnel strengths for such fiscal year At the end of subtitle C of title III, add the section 201(3) for research, development, test, for the Armed Forces, and for other following: and evaluation for the Air Force, as in- purposes; as follows: SEC. 330. LONG ARM HIGH-INTENSITY ARC creased by subsection (a), $3,000,000 may be At the end of subtitle E of title II, add the METAL HALIDE HANDHELD SEARCH- LIGHT. available for Space Technology (PE # following: (a) ADDITIONAL AMOUNT FOR OPERATION AND 0602601F) for research and development on SEC. 244. DELAYED EFFECTIVE DATE FOR LIMI- MAINTENANCE, ARMY.—The amount author- the reliability of field programmable gate ar- TATION ON PROCUREMENT OF SYS- ized to be appropriated by section 301(1) for rays for space applications, including design TEMS NOT GPS-EQUIPPED. operation and maintenance for the Army is of an assurance strategy, reference architec- (a) DELAYED EFFECTIVE DATE.—Section hereby increased by $4,500,000. tures, research and development on reli- 152(b) of the National Defense Authorization (b) AVAILABILITY OF AMOUNT.—Of the ability and radiation hardening, and out- Act for Fiscal Year 1994 (Public Law 103–160; amount authorized to be appropriated by reach to industry and localities to develop 107 Stat. 1578), as amended by section 218(e) section 301(1) for operation and maintenance core competencies. of the Strom Thurmond National Defense for the Army, as increased by subsection (a), (c) OFFSET.—The amount authorized to be Authorization Act for Fiscal Year 1999 (Pub- $4,500,000 may be available for the Long Arm appropriated by section 301(4) is hereby re- lic Law 105–261; 112 Stat. 1952; 10 U.S.C. 2281 High-Intensity Arc Metal Halide Handheld duced by $3,000,000. note), is further amended by striking ‘‘2005’’ Searchlight. and inserting ‘‘2007’’. (c) OFFSET.—The amount authorized to be SA 2490. Mr. WARNER (for Mr. SALA- (b) RATIFICATION OF ACTIONS.—Any obliga- appropriated by section 301(4) is hereby re- ZAR) proposed an amendment to the tion or expenditure of funds by the Depart- duced by $4,500,000, with the amount of the bill S. 1042, to authorize appropriations ment of Defense during the period beginning reduction to be derived from amounts au- for fiscal year 2006 for military activi- on October 1, 2005, and ending on the date of thorized to be appropriated by that section ties of the Department of Defense, for the enactment of this Act to modify or pro- for the Air Force. cure a Department of Defense aircraft, ship, military construction, and for defense armored vehicle, or indirect-fire weapon sys- activities of the Department of Energy, SA 2488. Mr. WARNER (for Mr. COLE- tem that is not equipped with a Global Posi- MAN) proposed an amendment to the to prescribe personnel strengths for tioning System receiver is hereby ratified. bill S. 1042, to authorize appropriations such fiscal year for the Armed Forces, Mr. WARNER (for Mr. KEN- for fiscal year 2006 for military activi- and for other purposes; as follows: SA 2492. NEDY (for himself, Ms. COLLINS, Mr. ties of the Department of Defense, for At the end of subtitle C of title III, add the ROBERTS, Mr. SANTORUM, Ms. MIKULSKI, military construction, and for defense following: SEC. ll. DEPARTMENT OF DEFENSE SUPPORT Mr. LIEBERMAN, Mr. ALEXANDER, Mrs. activities of the Department of Energy, FOR CERTAIN PARALYMPIC SPORT- CLINTON, Mrs. DOLE, Ms. SNOWE, Mr. to prescribe personnel strengths for ING EVENTS. BINGAMAN, Mr. REED, and Mr. SES- such fiscal year for the Armed Forces, (a) PROVISION OF SUPPORT.—Subsection (c) SIONS)) proposed an amendment to the and for other purposes; as follows: of section 2564 of title 10, United States Code, bill S. 1042, to authorize appropriations On page 92, after line 25, add the following: is amended by adding at the end the fol- for fiscal year 2006 for military activi- SEC. 538. PROMOTION OF FOREIGN LANGUAGE lowing new paragraphs: SKILLS AMONG MEMBERS OF THE ‘‘(4) A sporting event sanctioned by the ties of the Department of Defense, for RESERVE OFFICERS’ TRAINING United States Olympic Committee through military construction, and for defense CORPS. the Paralympic Military Program. activities of the Department of Energy, (a) IN GENERAL.—The Secretary of Defense ‘‘(5) A national or international to prescribe personnel strengths for shall support the acquisition of foreign lan- Paralympic sporting event (other than one such fiscal year for the Armed Forces, guage skills among cadets and midshipmen covered by paragraph (3) or (4))— in the Reserve Officers’ Training Corps, in- ‘‘(A) which is— and for other purposes; as follows: cluding through the development and imple- ‘‘(i) held in the United States or any of its At the end of subtitle B of title II, add the mentation of— territories or commonwealths; following: (1) incentives for cadets and midshipmen to ‘‘(ii) governed by the International SEC. 213. DEFENSE BASIC RESEARCH PROGRAMS. participate in study of a foreign language, Paralympic Committee; and (a) ARMY PROGRAMS.—(1) The amount au- including special emphasis for Arabic, Chi- ‘‘(iii) sanctioned by the United States thorized to be appropriated by section 201(1) nese, and other ‘‘strategic languages’’, as de- Olympic Committee; and for research, development, test, and evalua- fined by the Secretary of Defense in con- ‘‘(B) for which participation exceeds 100 tion for the Army is hereby increased by sultation with other relevant agencies; and amateur athletes.’’. $10,000,000.

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(2) Of the amount authorized to be appro- At the end of subtitle E of title VI, add the proposed by Mr. WARNER to the bill S. priated by section 201(1) for research, devel- following: 1042, to authorize appropriations for opment, test, and evaluation for the Army, SEC. 653. EDUCATION LOAN REPAYMENT PRO- fiscal year 2006 for military activities as increased by paragraph (1), $10,000,000 may GRAM FOR CHAPLAINS IN THE SE- of the Department of Defense, for mili- be available for Program Element 0601103A LECTED RESERVE. for University Research Initiatives. (a) IN GENERAL.—Chapter 1609 of title 10, tary construction, and for defense ac- (b) NAVY PROGRAMS.—(1) The amount au- United States Code, is amended by adding at tivities of the Department of Energy, thorized to be appropriated by section 201(2) the end the following new section: to prescribe personnel strengths for for research, development, test, and evalua- ‘‘§ 16303. Education loan repayment program: such fiscal year for the Armed Forces, tion for the Navy is hereby increased by chaplains serving in the Selected Reserve and for other purposes; as follows: $5,000,000. ‘‘(a) AUTHORITY TO REPAY EDUCATION At the end of subtitle F of title V, add the (2) Of the amount authorized to be appro- LOANS.—Under regulations prescribed by the following: priated by section 201(2) for research, devel- Secretary of Defense and subject to the pro- opment, test, and evaluation for the Navy, as SEC. 573. NATIONAL CALL TO SERVICE PROGRAM. visions of this section, the Secretary con- (a) LIMITATION TO DOMESTIC NATIONAL increased by paragraph (1), $5,000,000 may be cerned may, for purposes of maintaining ade- available for Program Element 0601103N for SERVICE PROGRAMS.—Subsection (c)(3)(D) of quate numbers of chaplains in the Selected section 510 of title 10, United States Code, is University Research Initiatives. Reserve, repay a loan that— (c) AIR FORCE PROGRAMS.—(1) The amount amended by striking ‘‘in the Peace Corps, ‘‘(1) was used by a person described in sub- Americorps, or another national service pro- authorized to be appropriated by section section (b) to finance education resulting in 201(3) for research, development, test, and gram’’ and inserting ‘‘in Americorps or an- a Masters of Divinity degree; and other domestic national service program’’. evaluation for the Air Force is hereby in- ‘‘(2) was obtained from an accredited theo- creased by $10,000,000. (b) ADMINISTRATION OF EDUCATION INCEN- logical seminary as listed in the Association TIVES BY SECRETARY OF VETERANS AFFAIRS.— (2) Of the amount authorized to be appro- of Theological Schools (ATS) handbook. priated by section 201(3) for research, devel- Paragraph (2) of subsection (h) of such sec- ‘‘(b) ELIGIBLE PERSONS.—(1) Except as pro- tion is amended to read as follows: opment, test, and evaluation for the Air vided in paragraph (2), a person described in Force, as increased by paragraph (1), ‘‘(2)(A) Educational assistance under para- this subsection is a person who— graphs (3) or (4) of subsection (e) shall be pro- $10,000,000 may be available for Program Ele- ‘‘(A) satisfies the requirements specified in ment 0601103F for University Research Ini- vided through the Department of Veterans subsection (c); Affairs under an agreement to be entered tiatives. ‘‘(B) holds, or is fully qualified for, an ap- (d) DEFENSE-WIDE ACTIVITIES.—(1) The into by the Secretary of Defense and the Sec- pointment as a chaplain in a reserve compo- retary of Veterans Affairs. The agreements amount authorized to be appropriated by nent of an armed force; and section 201(4) for research, development, test, shall include administrative procedures to ‘‘(C) signs a written agreement to serve not ensure the prompt and timely transfer of and evaluation for Defense-wide activities is less than three years in the Selected Re- hereby increased by $15,000,000. funds from the Secretary concerned to the serve. Secretary of Veterans Affairs for the making (2) Of the amount authorized to be appro- ‘‘(2) A person accessioned into the Chaplain of payments under this section. priated by section 201(4) for research, devel- Candidate Program is not eligible for the re- ‘‘(B) Except as otherwise provided in this opment, test, and evaluation for Defense- payment of loans under subsection (a). section, the provisions of sections 503, 511, wide activities, as increased by paragraph ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE- 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of (1)— MENTS.—The requirements specified in this title 38 and the provisions of subchapters I (A) $10,000,000 may be available for Pro- subsection are such requirements for and II of chapter 36 of such title (with the ex- gram Element 0601120D8Z for the SMART accessioning and commissioning of chaplains ception of sections 3686(a), 3687, and 3692) National Defense Education Program; and as are prescribed by the Secretary concerned shall be applicable to the provision of edu- (B) $5,000,000 may be available for Program in regulations. cational assistance under this chapter. The Element 0601101E for the Defense Advanced ‘‘(d) LOAN REPAYMENT.—(1) Subject to Research Projects Agency University Re- paragraph (2), the repayment of a loan under term ‘eligible veteran’ and the term ‘person’, search Program in Computer Science and this section may consist of payment of the as used in those provisions, shall be deemed Cybersecurity. principal, interest, and related expenses of for the purpose of the application of those (e) OFFSETS.—(1) The amount authorized to such loan. provisions to this section to refer to a person be appropriated by section 301(4), operation ‘‘(2) The amount of any repayment of a eligible for educational assistance under and maintenance, Navy, is hereby reduced by loan made under this section on behalf of a paragraph (3) or (4) of subsection (e).’’. $40,000,000. person may not exceed $20,000 for each three year period of obligated service that the per- SA 2496. Mr. WARNER (for Mr. SA 2493. Mr. WARNER proposed an son agrees to serve in an agreement de- SANTORUM) proposed an amendment to amendment to the bill S. 1042, to au- scribed in subsection (b)(3). Of such amount, the bill S. 1042, to authorize appropria- thorize appropriations for fiscal year not more than an amount equal to 50 percent tions for fiscal year 2006 for military 2006 for military activities of the De- of such amount may be paid before the com- activities of the Department of De- partment of Defense, for military con- pletion by the person of the first year of obli- fense, for military construction, and struction, and for defense activities of gated service pursuant to such agreement. for defense activities of the Depart- The balance of such amount shall be payable the Department of Energy, to prescribe at such time or times as are prescribed by ment of Energy, to prescribe personnel personnel strengths for such fiscal year the Secretary concerned in regulations. strengths for such fiscal year for the for the Armed Forces, and for other ‘‘(e) EFFECT OF FAILURE TO COMPLETE OBLI- Armed Forces, and for other purposes; purposes; as follows: GATION.—A person on behalf of whom repay- as follows: On page 96, strike lines 19 and 20 and insert ment of a loan is made under this section At the end of subtitle B of title V, add the the following: who fails, during the period of obligated following: service the person agrees to serve in an ‘‘(2) Military legal assistance may be pro- SEC. 522. RECRUITMENT AND ENLISTMENT OF vided only by a judge advocate or a civilian agreement described in subsection (b)(3), to HOME SCHOOLED STUDENTS IN THE attorney who is a member of the bar of a serve satisfactorily in the Selected Reserve ARMED FORCES. Federal court or of the highest court of a may, at the election of the Secretary con- (a) POLICY ON RECRUITMENT AND ENLIST- State. cerned, be required to pay the United States MENT.— ‘‘(3) In this subsection, the term ‘military an amount equal to any amount of repay- (1) POLICY REQUIRED.—The Secretary of De- legal assistance’ includes— ments made on behalf of the person in con- fense shall prescribe a policy on the recruit- nection with the agreement.’’. ment and enlistment of home schooled stu- SA 2494. Mr. WARNER (for Mr. BYRD) (b) CLERICAL AMENDMENT.—The table of dents in the Armed Forces. proposed an amendment to the bill S. sections at the beginning of chapter 1609 of (2) UNIFORMITY ACROSS THE ARMED such title is amended by adding at the end 1042, to authorize appropriations for FORCES.—The Secretary shall ensure that the the following new item: fiscal year 2006 for military activities policy prescribed under paragraph (1) ap- of the Department of Defense, for mili- ‘‘16303. Education loan repayment program: plies, to the extent practicable, uniformly chaplains serving in the Se- tary construction, and for defense ac- across the Armed Forces. lected Reserve.’’. (b) ELEMENTS.—The policy under sub- tivities of the Department of Energy, section (a) shall include the following: to prescribe personnel strengths for SA 2495. Mr. WARNER (for Mr. DODD (1) An identification of a graduate of home such fiscal year for the Armed Forces, (for himself and Mr. KENNEDY)) sub- schooling for purposes of recruitment and and for other purposes; as follows: mitted an amendment intended to be enlistment in the Armed Forces that is in

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accordance with the requirements described posed by Mr. WARNER (for Mr. STEVENS) Puerto Rico and the Dominican Republic, in subsection (c). to the bill S. 1042, to authorize appro- known as the Mona Passage. (2) Provision for the treatment of grad- priations for fiscal year 2006 for mili- (4) Including maritime radar on the Lajas uates of home schooling with no practical tary activities of the Department of aerostat will expand its ability to detect sus- limit with regard to enlistment eligibility. picious vessels in the eastern Caribbean cor- (3) An exemption of graduates of home Defense, for military construction, and ridor. schooling from the requirement for a sec- for defense activities of the Depart- (b) SENSE OF THE SENATE.—Given the above ondary school diploma or an equivalent ment of Energy, to prescribe personnel findings, it is the Sense of the Senate that— (GED) as a precondition for enlistment in strengths for such fiscal year for the (1) Congress and the Department of De- the Armed Forces. Armed Forces, and for other purposes; fense fully fund the Counter-Drug Tethered (c) HOME SCHOOL GRADUATES.—In pre- as follows: Aerostat program. scribing the policy, the Secretary of Defense (2) Department of Defense install maritime On page 2, line 16, strike ‘‘$3,008,982,000’’ shall prescribe a single set of criteria to be radar on the Lajas, Puerto Rico aerostat. and insert ‘‘$3,108,982,000’’. utilized by the Armed Forces in determining whether an individual is a graduate of home Mr. WARNER (for himself SA 2500. Mr. WARNER proposed an SA 2502. schooling. The Secretary concerned shall en- and Mr. LEVIN) proposed an amend- sure compliance with education credential amendment to the bill S. 1042, to au- thorize appropriations for fiscal year ment to the bill S. 1042, to authorize coding requirements. appropriations for fiscal year 2006 for (d) SECRETARY CONCERNED DEFINED.—In 2006 for military activities of the De- this section, the term ‘‘Secretary concerned’’ partment of Defense, for military con- military activities of the Department has the meaning given such term in section struction, and for defense activities of of Defense, for military construction, 101(a)(9) of title 10, United States Code. the Department of Energy, to prescribe and for defense activities of the De- personnel strengths for such fiscal year partment of Energy, to prescribe per- SA 2497. Mr. WARNER (for Mr. sonnel strengths for such fiscal year KERRY) proposed an amendment to the for the Armed Forces, and for other purposes; as follows: for the Armed Forces, and for other bill S. 1042, to authorize appropriations purposes; as follows: for fiscal year 2006 for military activi- At the end of subtitle E of title VIII, add the following: At the end of subtitle E of title II, add the ties of the Department of Defense, for following: military construction, and for defense SEC. 846. REPORTS OF ADVISORY PANEL ON LAWS AND REGULATIONS ON ACQUI- SEC. 244. DESIGNATION OF FACILITIES AND RE- activities of the Department of Energy, SITION PRACTICES. SOURCES CONSTITUTING THE to prescribe personnel strengths for (a) EXTENSION OF FINAL REPORT.—Section MAJOR RANGE AND TEST FACILITY such fiscal year for the Armed Forces, 1423(d) of the Services Acquisition Reform BASE. and for other purposes; as follows: Act of 2003 (title XIV of Public Law 108–136; (a) DEPARTMENT OF DEFENSE TEST RE- SOURCE MANAGEMENT CENTER.—Section At the end of subtitle B of title II, add the 117 Stat. 1669; 41 U.S.C. 405 note) is amended by striking ‘‘one year’’ and inserting ‘‘two 196(h) of title 10, United States Code, is following: amended by striking ‘‘Director of Oper- SEC. 213. PROJECT SHERIFF. years’’. (b) REQUIREMENT FOR INTERIM REPORT.— ational Test and Evaluation’’ and inserting (a) AVAILABILITY OF AMOUNT.—Of the That section is further amended— ‘‘Secretary of Defense’’. amount authorized to be appropriated by (b) INSTITUTIONAL FUNDING OF TEST AND section 201(4) for research, development, test, (1) by inserting ‘‘(1)’’ before ‘‘Not later than’’; and EVALUATION ACTIVITIES.—Section 232(b)(1) of and evaluation for Defense-wide activities, the Bob Stump National Defense Authoriza- the amount available for the Force Trans- (2) by adding at the end the following new paragraph: tion Act for Fiscal Year 2003 (Public Law formation Directorate may be increased by 107–314; 116 Stat. 2490) is amended by striking $10,000,000, with the amount of the increase ‘‘(2) Not later than one year after the date of the establishment of the panel, the panel ‘‘Director of Operational Test and Evalua- to be available for Project Sheriff. tion’’ and inserting ‘‘Secretary of Defense’’. (b) OFFSET.—Of the amount authorized to shall submit to the official and committees referred to in paragraph (1) an interim report be appropriated by section 301(4) is hereby SA 2503. Mr. WARNER (for Mr. reduced by $10,000,000. on the matters set forth in that paragraph.’’. ALLARD (for himself and Mr. SALAZAR)) SA 2498. Mr. WARNER (for Mr. SA 2501. Mr. WARNER (for Mr. NEL- proposed an amendment to the bill S. LEVIN) proposed an amendment to the SON of Florida) proposed an amendment 1042, to authorize appropriations for bill S. 1042, to authorize appropriations to the bill S. 1042, to authorize appro- fiscal year 2006 for military activities for fiscal year 2006 for military activi- priations for fiscal year 2006 for mili- of the Department of Defense, for mili- ties of the Department of Defense, for tary activities of the Department of tary construction, and for defense ac- military construction, and for defense Defense, for military construction, and tivities of the Department of Energy, activities of the Department of Energy, for defense activities of the Depart- to prescribe personnel strengths for to prescribe personnel strengths for ment of Energy, to prescribe personnel such fiscal year for the Armed Forces, such fiscal year for the Armed Forces, strengths for such fiscal year for the and for other purposes; as follows: and for other purposes; as follows: Armed Forces, and for other purposes; On page 378, between lines 10 and 11, insert At the end of subtitle B of title II, add the as follows: the following: following: At the appropriate place, insert the fol- SEC. 3114. ROCKY FLATS ENVIRONMENTAL TECH- SEC. 213. MEDIUM TACTICAL VEHICLE MODIFICA- lowing: NOLOGY SITE. TIONS. (a) FINDINGS.— (a) DEFINITIONS.—In this section: (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- (1) According to the Department of State, (1) ESSENTIAL MINERAL RIGHT.—The term VELOPMENT, TEST, AND EVALUATION, ARMY.— drug trafficking organizations shipped ap- ‘‘essential mineral right’’ means a right to The amount authorized to be appropriated proximately nine tons of cocaine to the mine sand and gravel at Rocky Flats, as de- by section 201(1) for Research, Development, United States through the Dominican Re- picted on the map. Test, and Evaluation for the Army, is hereby public in 2004, and are increasingly using (2) FAIR MARKET VALUE.—The term ‘‘fair increased by $5,000,000. small, high-speed watercraft. market value’’ means the value of an essen- (b) AVAILABILITY OF AMOUNT.—Of the (2) Drug traffickers use the Caribbean cor- tial mineral right, as determined by an ap- amount authorized to be appropriated by ridor to smuggle narcotics to the United praisal performed by an independent, cer- section 201(1) for Research, Development, States via Puerto Rico and the Dominican tified mineral appraiser under the Uniform Test, and Evaluation for the Army, as in- Republic. This route is ideal for drug traf- Standards of Professional Appraisal Prac- creased by subsection (a), $5,000,000 may be ficking because of its geographic expanse, tice. available for Medium Tactical Vehicle Modi- numerous law enforcement jurisdictions and (3) MAP.—The term ‘‘map’’ means the map fications. fragmented investigative efforts. entitled ‘‘Rocky Flats National Wildlife Ref- (c) OFFSET.—The amount authorized to be (3) The tethered aerostat system in Lajas, uge’’, dated July 25, 2005, and available for appropriated by section 301(4) for Operation Puerto Rico contributes to deterring and de- inspection in appropriate offices of the and Maintenance for the Air Force is hereby tecting smugglers moving illicit drugs into United States Fish and Wildlife Service and reduced by $5,000,000. Puerto Rico. The aerostat’s range and oper- the Department of Energy. ational capabilities allow it to provide sur- (4) NATURAL RESOURCE DAMAGE LIABILITY SA 2499. Mr. WARNER proposed an veillance coverage of the eastern Caribbean CLAIM.—The term ‘‘natural resource damage amendment to amendment SA 1396 pro- corridor and the strategic waterway between liability claim’’ means a natural resource

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Mr. WARNER (for Mr. ROB- (a)(4)(C) and (f) of section 107 of the Com- MENTAL POLICY ACT.—Any purchases of min- ERTS) proposed an amendment to the prehensive Environmental Response, Com- eral rights under this subsection shall be ex- bill S. 1042, to authorize appropriations pensation, and Liability Act of 1980 (42 empt from the National Environmental Pol- for fiscal year 2006 for military activi- U.S.C. 9607) arising from hazardous sub- icy Act of 1969 (42 U.S.C. 4321 et seq.). stances releases at or from Rocky Flats that, (7) ROCKY FLATS NATIONAL WILDLIFE REF- ties of the Department of Defense, for as of the date of enactment of this Act, are UGE.— military construction, and for defense identified in the administrative record for (A) TRANSFER OF MANAGEMENT RESPON- activities of the Department of Energy, Rocky Flats required by the National Oil SIBILITIES.—The Rocky Flats National Wild- to prescribe personnel strengths for and Hazardous Substances Pollution Contin- life Refuge Act of 2001 (16 U.S.C. 668dd note; such fiscal year for the Armed Forces, gency Plan prepared under section 105 of Public Law 107–107) is amended— and for other purposes; as follows: that Act (42 U.S.C. 9605). (i) in section 3175— At the end of subtitle B of title II, add the (5) ROCKY FLATS.—The term ‘‘Rocky Flats’’ (I) by striking subsections (b) and (f); and means the Department of Energy facility in (II) by redesignating subsections (c), (d), following: the State of Colorado known as the ‘‘Rocky and (e) as subsections (b), (c), and (d), respec- SEC. 213. AGING MILITARY AIRCRAFT FLEET SUP- Flats Environmental Technology Site’’. tively; and PORT. (6) SECRETARY.—The term ‘‘Secretary’’ (ii) in section 3176(a)(1), by striking ‘‘sec- (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- means the Secretary of Energy. tion 3175(d)’’ and inserting ‘‘section 3175(c)’’. VELOPMENT, TEST, AND EVALUATION FOR THE (7) TRUSTEES.—The term ‘‘Trustees’’ means (B) BOUNDARIES.—Section 3177 of the AIR FORCE.—The amount authorized to be the Federal and State officials designated as Rocky Flats National Wildlife Refuge Act of appropriated by section 201(3) for research, trustees under section 107(f)(2) of the Com- 2001 (16 U.S.C. 668dd note; Public Law 107–107) development, test, and evaluation for the Air prehensive Environmental Response, Com- is amended by striking subsection (c) and in- Force is hereby increased by $4,000,000. pensation, and Liability Act of 1980 (42 serting the following: (b) AVAILABILITY OF AMOUNT.—Of the U.S.C. 9607(f)(2)). ‘‘(c) COMPOSITION.— amount authorized to be appropriated by (b) PURCHASE OF ESSENTIAL MINERAL ‘‘(1) IN GENERAL.—Except as provided in section 201(3) for research, development, test, RIGHTS.— paragraph (2), the refuge shall consist of land and evaluation for the Air Force, as in- (1) IN GENERAL.—Not later than 1 year after within the boundaries of Rocky Flats, as de- creased by subsection (a), $4,000,000 may be the date of enactment of this Act, such picted on the map— available for Program Element #63112F for amounts authorized to be appropriated under ‘‘(A) entitled ‘Rocky Flats National Wild- Aging Military Aircraft Fleet Support. subsection (c) shall be available to the Sec- life Refuge’; (c) OFFSET.—The amount authorized to be retary to purchase essential mineral rights ‘‘(B) dated July 25, 2005; and appropriated by section 301(4) for operation at Rocky Flats. ‘‘(C) available for inspection in the appro- and maintenance for Air Force activities is (2) CONDITIONS.—The Secretary shall not priate offices of the United States Fish and hereby reduced by $4,000,000. purchase an essential mineral right under Wildlife Service and the Department of En- paragraph (1) unless— ergy. SA 2505. Mr. WARNER (for Mr. (A) the owner of the essential mineral ‘‘(2) EXCLUSIONS.—The refuge does not in- INOUYE) proposed an amendment to the right is a willing seller; and clude— (B) the Secretary purchases the essential ‘‘(A) any land retained by the Department bill S. 1042, to authorize appropriations mineral right for an amount that does not of Energy for response actions under section for fiscal year 2006 for military activi- exceed fair market value. 3175(c); ties of the Department of Defense, for (3) LIMITATION.—Only those funds author- ‘‘(B) any land depicted on the map de- military construction, and for defense ized to be appropriated under subsection (c) scribed in paragraph (1) that is subject to 1 activities of the Department of Energy, shall be available for the Secretary to pur- or more essential mineral rights described in to prescribe personnel strengths for chase essential mineral rights under para- section 3114(a) of the National Defense Au- such fiscal year for the Armed Forces, graph (1). thorization Act for Fiscal Year 2006 over and for other purposes; as follows: (4) RELEASE FROM LIABILITY.—Notwith- which the Secretary shall retain jurisdiction standing any other law, any natural resource of the surface estate until the essential min- At the end of subtitle C of title V, add the damage liability claim shall be considered to eral rights— following: be satisfied by— ‘‘(i) are purchased under subsection (b) of SEC. 537. ELIGIBILITY OF UNITED STATES NA- (A) the purchase by the Secretary of essen- that Act; or TIONALS FOR APPOINTMENT TO THE tial mineral rights under paragraph (1) for ‘‘(ii) are mined and reclaimed by the min- SENIOR RESERVE OFFICERS’ TRAIN- consideration in an amount equal to eral rights holders in accordance with re- ING CORPS. $10,000,000; quirements established by the State of Colo- (a) IN GENERAL.—Section 2107(b)(1) of title (B) the payment by the Secretary to the rado; and 10, United States Code, is amended by insert- Trustees of $10,000,000; or ‘‘(C) the land depicted on the map de- ing ‘‘or national’’ after ‘‘citizen’’. (C) the purchase by the Secretary of any scribed in paragraph (1) on which essential (b) ARMY RESERVE OFFICERS TRAINING PRO- portion of the mineral rights under para- mineral rights are being actively mined as of GRAMS.—Section 2107a(b)(1)(A) of such title is graph (1) for— the date of enactment of the National De- amended by inserting ‘‘or national’’ after (i) consideration in an amount less than fense Authorization Act for Fiscal Year 2006 ‘‘citizen’’. $10,000,000; and until— (c) ELIGIBILITY FOR APPOINTMENT AS COM- (ii) a payment by the Secretary to the ‘‘(i) the essential mineral rights are pur- MISSIONED OFFICERS.—Section 532(f) of such Trustees of an amount equal to the dif- chased; or title is amended by inserting ‘‘, or for a ference between— ‘‘(ii) the surface estate is reclaimed by the United States national otherwise eligible for (I) $10,000,000; and mineral rights holder in accordance with re- appointment as a cadet or midshipman under (II) the amount paid under clause (i). quirements established by the State of Colo- section 2107(a) of this title or as a cadet (5) USE OF FUNDS.— rado. under section 2107a of this title,’’ after ‘‘for (A) IN GENERAL.—Any amounts received ‘‘(3) ACQUISITION OF ADDITIONAL LAND.— permanent residence’’. under paragraph (4) shall be used by the Notwithstanding paragraph (2), upon the Trustees for the purposes described in sec- purchase of the mineral rights or reclama- SA 2506. Mr. WARNER (for Mrs. tion 107(f)(1) of the Comprehensive Environ- tion of the land depicted on the map de- HUTCHISON (for herself, Mr. VOINOVICH, mental Response, Compensation, and Liabil- scribed in paragraph (1), the Secretary and Mr. NELSON of Florida)) proposed ity Act of 1980 (42 U.S.C. 9607(f)(1)), includ- shall— ing— ‘‘(A) transfer the land to the Secretary of an amendment to the bill S. 1042, to au- (i) the purchase of additional mineral the Interior for inclusion in the refuge; and thorize appropriations for fiscal year rights at Rocky Flats; and ‘‘(B) the Secretary of the Interior shall— 2006 for military activities of the De- (ii) the development of habitat restoration ‘‘(i) accept the transfer of the land; and partment of Defense, for military con- projects at Rocky Flats. ‘‘(ii) manage the land as part of the ref- struction, and for defense activities of (B) CONDITION.—Any expenditure of funds uge.’’. the Department of Energy, to prescribe under this paragraph shall be made jointly (c) FUNDING.—Of the amounts authorized personnel strengths for such fiscal year by the Trustees. to be appropriated to the Secretary for the for the Armed Forces, and for other (C) ADDITIONAL FUNDS.—The Trustees may Rocky Flats Environmental Technology Site use the funds received under paragraph (4) in for fiscal year 2006, $10,000,000 may be made purposes; as follows: conjunction with other private and public available to the Secretary for the purposes At the end of subtitle E of title II, add the funds. described in subsection (b). following:

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25560 CONGRESSIONAL RECORD—SENATE November 9, 2005 SEC. 244. REPORT ON COOPERATION BETWEEN COMMITTEE ON ENERGY AND NATURAL RE- The PRESIDING OFFICER. Without THE DEPARTMENT OF DEFENSE AND SOURCES AND COMMITTEE ON COMMERCE objection, it is so ordered. THE NATIONAL AERONAUTICS AND SCIENCE AND TRANSPORTATION SPACE ADMINISTRATION ON RE- COMMITTEE ON THE JUDICIARY SEARCH, DEVELOPMENT, TEST, AND Mr. INHOFE. Mr. President, I ask EVALUATION ACTIVITIES. unanimous consent that the Com- Mr. INHOFE. Mr. President, I ask (a) REPORT REQUIRED.—Not later than 180 mittee on Energy and Natural Re- unanimous consent that the Com- days after the date of the enactment of this sources and the Committee on Com- mittee on the Judiciary be authorized Act, the Secretary of Defense and the Ad- merce, Science and Transportation be to meet to conduct a hearing on ‘‘Cam- ministrator of the National Aeronautics and authorized to meet during the session eras in the Courtroom’’ on Wednesday, Space Administration shall jointly submit to November 9, 2005 at 9:30 a.m. in the Congress a report setting forth the rec- of the Senate on Wednesday, November 9 at 9:30 a.m. The purpose of this joint Dirksen Senate Office Building Room ommendations of the Secretary and the Ad- 226. ministrator regarding cooperative activities hearing is to receive testimony regard- between the Department of Defense and the ing energy pricing and profits. National Aeronautics and Space Administra- The PRESIDING OFFICER. Without Witness List tion related to research, development, test, objection, it it so ordered. and evaluation on areas of mutual interest Panel I: The Honorable Chuck Grass- COMMITTEE ON ENVIRONMENT AND PUBLIC to the Department and the Administration. ley, United States Senator, [R–IA]. WORKS (b) AREAS COVERED.—The areas of mutual Panel II: The Honorable Diarmuid interest to the Department of Defense and Mr. INHOFE. Mr. President, I ask O’Scannlain, Judge, United States the National Aeronautics and Space Admin- unanimous consent that the Com- Court of Appeals for the Ninth Circuit, istration referred to in subsection (a) may mittee on Environment and Public Portland, OR; The Honorable Jan E. include, but not be limited to, areas relating Works be authorized to hold a hearing DuBois, Judge, District Court for the to the following: on Wednesday, November 9, 2005 to re- Eastern District of Pennsylvania, (1) Aeronautics research. ceive testimony and identify issues re- (2) Facilities, personnel, and support infra- Philadelphia, PA. structure. garding a comprehensive and inte- Panel III: Barbara Bergman, Presi- (3) Propulsion and power technologies. grated approach to meet the water re- dent, National Association of Criminal (4) Space access and operations. sources needs of coastal Louisiana in Defense Lawyers, Washington, DC; f the wake of Hurricanes Katrina and Peter Irons, Professor of Political Rita, including storm and flood damage NOTICES OF HEARINGS/MEETINGS Science, Emeritus, University of Cali- reduction, ecosystem restoration and fornia at San Diego, San Diego, CA; SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS navigation. Seth Berlin, Partner, Levine Sullivan Mr. CRAIG. Mr. President, I would The PRESIDING OFFICER. Without Koch & Schulz, L.L.P., Washington, like to announce for the information of objection, it it so ordered. DC; Brian Lamb, Founder & Chairman, the Senate and the public that a hear- COMMITTEE ON FINANCE C–SPAN Washington, DC; Henry ing has been scheduled before the Sub- Mr. INHOFE. Mr. President, I ask Schleiff, Chairman and CEO, Court TV committee on Public Lands and For- unanimous consent that the Com- Networks, New York, NY; Barbara ests of the Committee on Energy and mittee on Finance be authorized to Cochran, President, Radio-Television Natural Resources. meet in open Executive Session during News Directors Association & Founda- The hearing will be held on Wednes- the session on Wednesday, November 9, tion, Washington, DC. day, November 16, 2005, at 2 p.m. in 2005, at 10 a.m., to review and make The PRESIDING OFFICER. Without Room SD–366 of the Dirksen Senate Of- recommendations on proposed legisla- objection, it is so ordered. fice Building. tion implementing the U.S.-Bahrain SELECT COMMITTEE ON INTELLIGENCE The purpose of the hearing is to re- Free Trade Agreement. ceive testimony on Earth Island Insti- The PRESIDING OFFICER. Without Mr. INHOFE. Mr. President, I ask tute vs. Ruthenbeck. objection, it it so ordered. unanimous consent that the Select Committee on Intelligence be author- Because of the limited time available COMMITTEE ON FOREIGN RELATIONS for the hearing, witnesses may testify ized to meet during the session of the Mr. INHOFE. Mr. President, I ask by invitation only. However, those Senate on November 9, 2005 at 10 a.m. unanimous consent that the Com- wishing to submit written testimony to hold a closed business meeting. mittee on Foreign Relations be author- for the hearing record should send two The PRESIDING OFFICER. Without ized to meet during the session of the copies of their testimony to the Com- objection, it is so ordered. Senate on Wednesday, November 9, mittee on Energy and Natural Re- 2005, at 9:30 a.m. to hold a hearing on SELECT COMMITTEE ON INTELLIGENCE sources, United States Senate, Wash- Avian Influenza. Mr. INHOFE. Mr. President, I ask ington, DC, 20510–6150. The PRESIDING OFFICER. Without unanimous consent that the Select For further information, please con- objection, it it so ordered. Committee on Intelligence be author- tact Frank Gladics at 202–224–2878 or ized to meet during the session of the Kristina Rolph at 202–224–8276. COMMITTEE ON FOREIGN RELATIONS Mr. INHOFE. Mr. President, I ask Senate on November 9, 2005 at 2 p.m. to f unanimous consent that the Com- hold a closed business meeting. AUTHORITIES FOR COMMITTEES mittee on Foreign Relations be author- The PRESIDING OFFICER. Without TO MEET ized to meet during the session of the objection, it is so ordered. COMMITTEE ON AGRICULTURE, NUTRITION, AND Senate on Wednesday, November 9, SUBCOMMITTEE ON THE CONSTITUTION, CIVIL FORESTRY 2005, at 2:30 p.m. to hold a hearing on RIGHTS AND PROPERTY RIGHTS Mr. INHOFE. Mr. President, I ask nominations. Mr. INHOFE. Mr. President, I ask unanimous consent that the Com- The PRESIDING OFFICER. Without unanimous consent that the Sub- mittee on Agriculture, Nutrition and objection, it it so ordered. committee on the Constitution, Civil Forestry be authorized to conduct a COMMITTEE ON HOMELAND SECURITY AND Rights and Property Rights be author- hearing during the session of the Sen- GOVERNMENTAL AFFAIRS ized to meet to conduct a markup on ate on Wednesday November 9, 2005, at Mr. INHOFE. Mr. President, I ask Wednesday, November 9, 2005, at 2 p.m. 10:30 a.m. in SH–216, Senate Hart Office unanimous consent that the Com- in Dirksen 226. Building. The purpose of this com- mittee on Homeland Security and Gov- Agenda mittee hearing will be to discuss agri- ernmental Affairs be authorized to cultural transportation and energy meet on Wednesday, November 9, 2005, I. Bill: S.J. Res. 1, the Marriage Pro- issues. at 9:30 a.m. for a hearing titled, ‘‘ ‘Al- tection Amendment. The PRESIDING OFFICER. Without ways Ready’: The Coast Guard’s Re- The PRESIDING OFFICER. Without objection, it is so ordered. sponse to Hurricane Katrina.’’ objection, it is so ordered.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—SENATE 25561 SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT U.S.C. 2321h), the President is authorized to again tomorrow morning to pursue the MANAGEMENT, THE FEDERAL WORKFORCE, transfer to the Republic of Korea, on such authorization bill. AND THE DISTRICT OF COLUMBIA conditions as the President may determine, f Mr. INHOFE. Mr. President, I ask any or all of the items described in para- unanimous consent that the Sub- graph (2). ORDERS FOR THURSDAY, committee on Oversight of Government (2) COVERED ITEMS.—The items referred to NOVEMBER 10, 2005 in paragraph (1) are munitions, equipment, Management, the Federal Workforce, and materiel such as tanks, trucks, artillery, Mr. WARNER. I now ask unanimous and the District of Columbia be author- mortars, general purpose bombs, repair consent that when the Senate com- ized to meet on Wednesday, November parts, barrier material, and ancillary equip- pletes its business today, it stand in 9, 2005 at 3 p.m. for a hearing entitled, ment if such items are— adjournment until 9:30 a.m. on Thurs- ‘‘Access Delayed: Fixing the Security (A) obsolete or surplus items; day, November 10; I further ask, fol- Clearance Process, Part II.’’ (B) in the inventory of the Department of lowing the prayer and pledge, the The PRESIDING OFFICER. Without Defense; morning hour be deemed expired, the objection, it is so ordered. (C) intended for use as reserve stocks for the Republic of Korea; and Journal of proceedings be approved to SUBCOMMITTEE ON READINESS AND (D) as of the date of the enactment of this date, the time for the two leaders be MANAGEMENT SUPPORT Act, located in a stockpile in the Republic of reserved, and the Senate then proceed Mr. INHOFE. Mr. President, I ask Korea or Japan. to a period for morning business for up unanimous consent that the Sub- (3) VALUATION OF CONCESSIONS.—The value to an hour, with the first 30 minutes committee on Readiness and Manage- of concessions negotiated pursuant to para- under the control of the majority lead- ment Support be authorized to meet graph (1) shall be at least equal to the fair er or his designee and the final 30 min- during the session of the Senate on No- market value of the items transferred, less utes under the control of the Democrat any savings (which may not exceed the fair vember 9, 2005, at 2 p.m., in open ses- market value of the items transferred) ac- leader or his designee; further, that the sion to receive testimony on Depart- cruing to the Department of Defense from an Senate resume consideration of S. 1042, ment of Defense business trans- avoidance of the cost of removal of such the Defense authorization bill as under formation and financial management items from the Republic of Korea or of the the previous order. accountability. disposal of such items. The concessions may The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without include cash compensation, services, waiver objection, it is so ordered. of charges otherwise payable by the United objection, it is so ordered. f States (such as charges for demolition of f United States-owned or United States-in- PROGRAM tended munitions), and other items of value. EXPRESSING APPRECIATION Mr. WARNER. Tomorrow, we will (4) TERMINATION.—No transfer may be complete action on the Defense author- Mr. WARNER. Mr. President, I thank made under the authority of this subsection the Presiding Officer and all members after the date that is three years after the ization bill. I firmly hope that, as does of our Senate staff who are assisting date of the enactment of this Act. Senator LEVIN, and our respective lead- managers and other Senators in the (b) CERTIFICATION REGARDING MATERIEL IN ers. Senators can expect votes through- STOCKPILE.—Not later than 60 days after the completion of a good deal of work on out the day and tomorrow and should date of the enactment of this Act, the Sec- plan accordingly. We will finish this the bill today. I look forward to tomor- retary of Defense shall certify to the appro- row and completion of this bill. I ex- tomorrow. priate committees of Congress whether or I remind my colleagues we will also press my profound gratitude to our not the ammunition, equipment, and mate- consider three appropriation con- leadership and all those who made it riel in the War Reserves Stockpile for Allies, ference reports ready for action before possible. Korea that are available for transfer to the Republic of Korea is of any utility to the we leave this week. f United States for any of the following: f WAR RESERVES STOCKPILE (1) Counterterrorism operations. (2) Contingency operations. ADJOURNMENT UNTIL 9:30 A.M. Mr. WARNER. I ask unanimous con- (3) Training. TOMORROW sent the Senate proceed to the imme- (4) Stockpile, pre-positioning, or war re- Mr. WARNER. Mr. President, if there diate consideration of S. 1988 intro- serve requirements. is no further business to come before duced earlier today. (c) TERMINATION OF STOCKPILE.— the Senate, I ask unanimous consent The PRESIDING OFFICER. The (1) IN GENERAL.—At the conclusion of the transfer to the Republic of Korea under sub- that the Senate stand in adjournment clerk will report the bill by title. section (a) of items in the War Reserves under the previous order. The legislative clerk read as follows: Stockpile for Allies, Korea pursuant to that There being no objection, the Senate, A bill (S. 1988) to authorize the transfer of subsection, the War Reserves Stockpile for at 7:33 p.m., adjourned until Thursday, items in the War Reserves Stockpile for Al- Allies, Korea program shall be terminated. November 10, 2005, at 9:30 a.m. lies, Korea. (2) DISPOSITION OF REMAINING ITEMS.—Any f items remaining in the War Reserves Stock- There being no objection, the Senate NOMINATIONS proceeded to consider the bill. pile for Allies, Korea as of the termination of the War Reserves Stockpile for Allies, Korea Executive nominations received by Mr. WARNER. Mr. President, I ask program under paragraph (1) shall be re- the Senate November 9, 2005: unanimous consent the bill be read the moved, disposed of, or both by the Depart- FEDERAL COMMUNICATIONS COMMISSION third time and passed, the motion to ment of Defense. MICHAEL JOSEPH COPPS, OF VIRGINIA, TO BE A MEM- reconsider be laid upon the table, and (d) APPROPRIATE COMMITTEES OF CONGRESS BER OF THE FEDERAL COMMUNICATIONS COMMISSION FOR A TERM OF FIVE YEARS FROM JULY 1, 2005. (RE- any statements relating to the bill be DEFINED.—In this section, the term ‘‘appro- APPOINTMENT) priate committees of Congress’’ means— DEBORAH TAYLOR TATE, OF TENNESSEE, TO BE A printed in the RECORD. MEMBER OF THE FEDERAL COMMUNICATIONS COMMIS- (1) the Committees on Armed Services, Ap- SION FOR THE REMAINDER OF THE TERM EXPIRING The PRESIDING OFFICER. Without JUNE 30, 2007, VICE MICHAEL K. POWELL, RESIGNED. objection, it is so ordered. propriations, and Foreign Relations of the Senate; and DEPARTMENT OF STATE The bill (S. 1988) was read the third (2) the Committees on Armed Services, Ap- JANET ANN SANDERSON, OF ARIZONA, A CAREER MEM- time and passed, as follows: propriations, and International Relations of BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- Be it enacted by the Senate and House of Rep- the House of Representatives. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF HAITI. resentatives of the United States of America in Mr. WARNER. I must say to the dis- THE JUDICIARY Congress assembled, tinguished Presiding Officer, the war SECTION. 1. WAR RESERVES STOCKPILE FOR AL- reserves stockpile for Korea, I don’t CAROL A. DALTON, OF THE DISTRICT OF COLUMBIA, TO LIES, KOREA. BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN (a) AUTHORITY TO TRANSFER ITEMS IN know if that includes me with it or YEARS, VICE A. NOEL ANKETELL KRAMER, ELEVATED. STOCKPILE.— not. I did spend a period of time over DEPARTMENT OF JUSTICE (1) IN GENERAL.—Notwithstanding section there in 1951 and 1952 in the winter PAUL J. MCNULTY, OF VIRGINIA, TO BE DEPUTY AT- 514 of the Foreign Assistance Act of 1961 (22 with the Marines. Likely I will be here TORNEY GENERAL, VICE JAMES B. COMEY, RESIGNED.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00079 Fmt 0686 Sfmt 8476 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25562 CONGRESSIONAL RECORD—HOUSE November 9, 2005 HOUSE OF REPRESENTATIVES—Wednesday, November 9, 2005

The House met at 10 a.m. and was BLACKBURN) come forward and lead the I knew Mac would offer a truly inspi- called to order by the Speaker pro tem- House in the Pledge of Allegiance. rational prayer this morning, and God pore (Mrs. MILLER of Michigan). Mrs. BLACKBURN led the Pledge of knows we needed it. Many thanks, Pas- f Allegiance as follows: tor Hammond, for your moving and I pledge allegiance to the Flag of the thoughtful prayer and for serving the DESIGNATION OF THE SPEAKER United States of America, and to the Repub- House of Representatives as our guest PRO TEMPORE lic for which it stands, one nation under God, chaplain. indivisible, with liberty and justice for all. The SPEAKER pro tempore laid be- f fore the House the following commu- f FISCAL MISMANAGEMENT nication from the Speaker: WELCOMING PASTOR MAC WASHINGTON, DC, HAMMOND (Mr. BLUMENAUER asked and was given permission to address the House November 9, 2005. The SPEAKER pro tempore. Without I hereby appoint the Honorable CANDICE S. for 1 minute.) objection, the gentleman from Min- MILLER to act as Speaker pro tempore on Mr. BLUMENAUER. Madam Speaker, this day. nesota (Mr. RAMSTAD) is recognized for the Republican fiscal mismanagement J. DENNIS HASTERT, 1 minute. is so bad, and their budget proposals so Speaker of the House of Representatives. There was no objection. Mr. RAMSTAD. Madam Speaker, it is dreadful, that even the Republican f my great honor to welcome this morn- Caucus is having difficulty swallowing PRAYER ing’s guest chaplain, Pastor Mac Ham- it. Mainstream Republicans do not agree with K Street Republicans, who The Reverend Mac Hammond, Living mond. Pastor Hammond and his wife, Pastor Lynne, who is with us in the do not agree with Wall Street Repub- Word Christian Center, Brooklyn Park, licans; but they are hopelessly out of MN, offered the following prayer: gallery, are pastors of the Living Word Christian Center, a vibrant church in touch with the street where most Heavenly Father, as we gather to- Americans live. gether in this historic place, we ask the Third Congressional District lo- cated in Brooklyn Park, MN. The Republican Congress seeks to Your continued blessing on our coun- mask their fiscal irresponsibility with try. Thank You for our divine heritage This is an incredible story. On No- vember 12, 1980, Mac and Lynne Ham- cuts for millions of poor, the sick, for of being one Nation under God and for students and their families, literally the liberty we enjoy as a result. We mond stood before a gathering of 12 people in a small meeting room at a taking food from the mouths of poor look to Your word for guidance and children to pay for more tax cuts for grace as we pray for each Member of hotel in Plymouth, Minnesota. On that day, Living Word Christian Center was people who need them the least. this House. I ask You to give them wis- There is much talk of scandal here in dom and understanding in every deci- born. Today, 25 years later, Living Word has grown to an active congrega- Washington D.C., but to have a pro- sion they face, so that Your truth will posal offered up that would actually in- continue to be reflected in our laws. tion of more than 10,000 members. Pastor Mac Hammond’s inspiring life crease the deficit more than if they During this session, may they be re- has spanned several careers, from Air just gave up and went home is a scan- sponsive to Your direction, aware of Force captain, where he served as a dal. It is a scandal how tragically out Your grace, and guided by Your pre- pilot, to owner of an air cargo business, of touch my Republican colleagues are cepts. to gifted minister of the gospel. The from the needs and desires of the aver- We also ask You to protect, strength- people of our area, of our State are so age American. en and encourage our troops in Iraq, grateful for Pastor Mac Hammond and f Afghanistan, and the myriad of other his ministry to the community. HONORING VETERANS places around the world where they are The Living Word Christian Center is courageously protecting and promoting home to a number of important min- (Mrs. KELLY asked and was given our liberty. Lead each Member in Your istries that are truly doing the Lord’s permission to address the House for 1 ways, and bless their families as You work here on Earth. Close to my heart, minute.) do. the Living Free Recovery Services pro- Mrs. KELLY. Madam Speaker, I urge May Your grace abound to all and gram provides treatment to families my colleagues to honor the sacrifices continually remind each citizen of this struggling with the ravages of drug and of their local veterans by cosponsoring great country that we are loved by alcohol addiction. Living Word also op- H.R. 1951, which would mint a coin for You. This we pray in the name which is erates Maranatha Christian Academy America’s disabled veterans. The pro- above all names. Amen. and Maranatha College, two highly re- ceeds would be used for a Disabled Vet- f spected, God-centered academic insti- erans Memorial on the National Mall. The Paralyzed Veterans of America, THE JOURNAL tutions in our area. The church’s Compassion Center the Disabled American Veterans, and The SPEAKER pro tempore. The ministers to inner-city residents, and the Military Order of the Purple Heart Chair has examined the Journal of the CFAITH provides online missionary all support our bill for a first-of-its- last day’s proceedings and announces outreach. kind tribute to America’s disabled vet- to the House her approval thereof. We are all very grateful, Madam erans. Pursuant to clause 1, rule I, the Jour- Speaker, for these wonderful ministries This Congress needs to remember the nal stands approved. and for the faith, hope, and love sacrifices of veterans not only on Vet- f brought to so many by Pastors Mac erans Day, but throughout the year. and Lynne Hammond. As you heard in For that purpose, we also must pass PLEDGE OF ALLEGIANCE his moving prayer, Pastor Hammond is the SAVE U.S. VETS Act to restore The SPEAKER pro tempore. Will the a tremendously gifted speaker and a the equitable VA funding to veterans gentlewoman from Tennessee (Mrs. true man of God. health care facilities in the Northeast.

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 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25563 The VERA formula is unfair and inef- constitutional right to prevent a public which enacted the first-ever renewable fective. A GAO study found that school from teaching students what- fuel standard in order for a portion of through 2002, VERA misallocated near- ever it wishes, including sexual infor- our Nation’s fuel supply to be provided ly $1 billion in funds that should have mation. by renewable domestic fuels like eth- gone to the Northeast veterans hos- Instead, they say that the State has anol from corn and biodiesel made pitals like Montrose and Castle Point ultimate power over the education of from soybeans. This provision is an ex- in New York’s Hudson Valley. our children. This ruling stems from a ample of public policy that is moving New York veterans served our coun- case filed by parents whose children, in the right direction. For example, E– try in areas throughout the world. ages 7 through 10, were given a survey 85, a blend of 85 percent ethanol fuel, is They should not be punished now for that asks questions pertaining to sex becoming more and more available in living in the northeast area of our that are even too expressive to repeat the Midwest and it costs less at the country that is being neglected by bad on this House floor. pump. Just this week in my southern funding through the VERA formula. According to the education police Illinois district, E–85 was on average 22 VA funds must reach these areas where judges, when parents decide to send cents cheaper than regular gasoline at veterans’ needs are the greatest. The their child to a public school, the par- the pump. In some cases, E–85 stayed health care needs of all northeast vet- ents lose authority and control over below $2 per gallon. erans must be met, as they count on us what the child is taught. The State de- The expanded use of renewable fuels to protect them with the same loyalty cides. like E–85 helps stretch domestic oil with which they protected our country. This ruling violates the Constitution. supply and decrease our reliance on f The Supreme Court long ago ruled that foreign imports of oil. As we all know, parents do have the fundamental right no crude oil refineries have been built REPUBLICAN BUDGET DOES NOT to make decisions about the care, cus- in the United States since 1976. During REFLECT AMERICA’S PRIORITIES tody, education, and control of their that time, close to 100 ethanol refin- (Mr. EMANUEL asked and was given children. This is just another example eries have been built. It is my hope permission to address the House for 1 of elite judges trying to replace parents that this growth continues to happen. minute.) with bureaucrats. Out-of-control judges Renewable fuels are an environ- Mr. EMANUEL. Madam Speaker, to- are taking away property rights, our mentally friendly, domestic alter- morrow the House is planning to vote pledge rights, and now they are after native fuel source that we can utilize on America’s future. The budget vote our parenting rights. This ought not to to increase U.S. supply and decrease will decide who wins, who loses. The be. our reliance on foreign imports of oil. Republican budget does not reflect f America’s priorities. Where else would f you protect corporate welfare like $16.5 STATE OF THE UNION billion in handouts, taxpayer handouts (Mr. ROSS asked and was given per- CUTS TO STUDENT AID to oil and gas companies, and all the mission to address the House for 1 while throwing America’s children over minute and to revise and extend his re- (Ms. LINDA T. SA´ NCHEZ of Cali- the side. A Republican Congress, of marks.) fornia asked and was given permission course. Mr. ROSS. Madam Speaker, for the to address the House for 1 minute.) Where else would you cut $9.5 billion first time in about 50 years, the Repub- Ms. LINDA T. SA´ NCHEZ of Cali- from children’s health care affecting 6 licans control the White House, the fornia. Madam Speaker, when I was million children, while helping protect House, and the Senate. So let us look elected to Congress, I never thought I big oil and gas companies. Where else at the real state of the union and what would be asked to participate in crush- would you cut 330,000 children from they have given us: ing the dreams of American children. child care assistance while protecting $8 trillion in debt. In fact, this Na- But that is exactly what the House ma- big HMOs. Where else would you cut tion is borrowing $907 million a day, jority is asking me to do. The House 40,000 children from nutrition programs $188 million a day going to Iraq, $33 budget reconciliation bill includes $14.3 while protecting America’s polluters. million a day going to Afghanistan. In billion in overall cuts to Federal stu- Where else would you cut $14.3 billion fact, this President and this Repub- dent aid programs over the next 5 in student college aid, the single larg- lican Congress have borrowed more years. This cut will be the single larg- est cut in the history of the student aid money from foreigners in the past 5 est cut in the entire history of the stu- program. A Republican Congress, but years than the previous 42 Presidents dent aid program. I thought the major- of course. combined. And all this before the hur- ity did not want to leave any child be- These are not the right priorities for ricane season. Now they are proposing hind. But obviously what this cut America. They are not America’s prior- in tomorrow’s budget reconciliation means is they do not want to leave you ities for its future. Madam Speaker, we cutting Medicaid $12 billion, cutting behind, until you want to go to college. should cut spending, but we should not food stamps and farm programs $3.7 bil- I know firsthand the importance of jeopardize our future by cutting pro- lion, cutting student loans $14.3 billion. student aid. I would not be standing on grams for our children. It is time we And for what? To pay for another $70 the floor of this House if it were not for made a change. It is time that we billion in tax cuts for those earning student aid programs. These loans choose our priorities. We can do better, over $400,000 a year. made my education dreams a reality. I not protecting Big Oil at the expense of Madam Speaker, these are not my am the only member of the California taking America’s children and throw- priorities. These are not America’s pri- congressional delegation still paying ing them over the side. orities. These are not the kinds of con- off her student loans. Each month I f servative, small-town values that I was proudly write that check because I raised on and still believe in. know the best investment I and my RESTRICTIONS ON PARENTING f seven brothers and sisters could have (Mr. POE asked and was given per- made was our investment in our own mission to address the House for 1 RENEWABLE DOMESTIC FUELS education. minute.) (Mr. SHIMKUS asked and was given Can you imagine where we will be in Mr. POE. Madam Speaker, the out-of- permission to address the House for 1 20 years when we lack the professionals touch notorious Ninth Circuit Court of minute and to revise and extend his re- that we need in this country? Make no Appeals has struck again. They have marks.) mistake, these proposed cuts to stu- created their own version of restric- Mr. SHIMKUS. Madam Speaker, in dent aid programs will negatively im- tions on parenting. These wayward July of this year, the President signed pact the future of our workforce and judges rule that parents do not have a into law the Energy Policy Act of 2005, our economy.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25564 CONGRESSIONAL RECORD—HOUSE November 9, 2005 THE MAINSTREAM It is about destroying our future for PRESERVING OUR SYSTEM OF (Mr. PITTS asked and was given per- the short-term benefit of a privileged JUSTICE mission to address the House for 1 few. I urge my colleagues to oppose (Mr. PRICE of Georgia asked and was minute and to revise and extend his re- this shortsighted budget reconciliation given permission to address the House marks.) bill. for 1 minute.) Mr. PITTS. Madam Speaker, some f Mr. PRICE of Georgia. Madam liberals opposed to the nomination of Speaker, last March Atlanta experi- Judge Samuel Alito to the Supreme MEDICAID enced one of the worst instances of Court claim that Judge Alito is ‘‘out- (Mrs. BLACKBURN asked and was courthouse violence on record. A de- side the mainstream’’ because he sup- given permission to address the House fendant overpowered a courthouse se- ported the spousal notice provision of for 1 minute and to revise and extend curity guard, grabbed her weapon and the Pennsylvania Abortion Control her remarks.) shot a judge dead in his own court- Act. Mind you, this was not paternal Mrs. BLACKBURN. Madam Speaker, room. The defendant then escaped, set- notice; it was spousal notice. This was in the midst of our effort to rein in ting off a massive manhunt until he not spousal consent. It was spousal no- Federal spending, you have Members of was captured a short while later. tice. Polling showed nearly 75 percent this body and special interest groups Incidents of courthouse violence are of the Americans support this provi- telling the American people that we spreading. Chicago, Illinois, and Tyler, sion. are slashing Medicaid. They are saying Texas, have also experienced vicious So what is the mainstream in Amer- that our Deficit Reduction Act will ac- crimes against our judicial system. ica today? In 2004, 13 States included tually cut Medicaid. Many States are working to prevent on their ballot a constitutional amend- Madam Speaker, our plan does not this from happening again by improv- ment defining marriage as the union cut. Since when does slowing the ing courthouse security. This is a step between a man and a woman. All 13 growth, and tremendous growth at in the right direction. But we must do States passed the measure by wide that, from 7.3 percent to 7 percent a more to protect judges, attorneys, ju- margins. Today, it is up to 19 States. year constitute a cut? The left needs to rors, and other courthouse employees The polls overwhelmingly support this stop playing games. If they want us to from ever having to confront this kind definition. keep spending and spending until there of danger. We must not allow criminals A Zogby poll showed 77 percent of is nothing left, until we cannot spend to compromise our judicial system. Americans support a law requiring a any more, then they need to be honest Today we have an opportunity to act pregnant woman be given information about it and they need to say that. But to strengthen penalties against those about fetal pain prior to an abortion. don’t call a 0.3 percent reduction in who commit courthouse violence and Other polls show nearly 90 percent sup- growth a cut. It is dishonest and our protect Federal judiciary employees port including the phrase ‘‘under God’’ constituents deserve better. from falling prey to criminals attack- in the Pledge of Allegiance. A 2005 Gal- ing their personal finances. f lup poll shows 75 percent of Americans Madam Speaker, the Secure Access think that State government entities BUDGET RECONCILIATION to Justice and Court Protection Act is should be allowed to display the 10 (Mr. SALAZAR asked and was given before us today, and I urge my col- Commandments. permission to address the House for 1 leagues to support this important ini- Let us not allow liberal interest minute.) tiative to preserve and protect our sys- groups to arbitrarily define the main- Mr. SALAZAR. Madam Speaker, I tem of justice. stream for us. stand united with my fellow Blue Dogs f f in protest of this reckless budget vote CRUEL REPUBLICAN MEDICAID b 1015 that we will be taking this week. I have said time and time again that our CUTS AND MISGUIDED PRIOR- BUDGET RECONCILIATION budget is a moral document and it is ITIES—AMERICA CAN DO BETTER (Mr. HINOJOSA asked and was given about our priorities and values as a na- (Mr. STUPAK asked and was given permission to address the House for 1 tion. permission to address the House for 1 minute.) Let us be clear about this budget rec- minute.) Mr. HINOJOSA. Madam Speaker, to- onciliation and what it will do for Mr. STUPAK. Madam Speaker, to- morrow the leadership of this House America. morrow House Republicans will show will bring up a budget reconciliation It will pay for tax cuts for the rich on America their misguided priorities. In bill which makes cuts to Medicaid, the backs of our Nation’s poorest, in- order to once again provide the food stamp programs for children, stu- cluding low-income seniors who receive wealthiest few in our Nation with tax dent loan aid programs that will force help from Medicaid. breaks adding up to $70 billion, House thousands of college students to leave It abandons rural America by pro- Republicans will cut $54 billion from school and prevent thousands more posing $1 billion in cuts to ag com- needed programs, including $12 billion from even beginning higher education modity programs. to Medicaid. at the community college or university It takes aim at valuable research and America can do better than slashing of their choice. conservation programs that will help health care for low-income children, At a time when we are importing sci- farmers to stay on the land. seniors, and people with disabilities to entists, engineers, doctors, nurses and And in a time when everyone is con- pay for additional tax breaks for mil- other highly trained workers to keep cerned about rising energy prices, this lionaires. our economy running, this House is bill cuts funds for renewable energy America can do better than slashing going to siphon off student aid dollars programs. Yet none of these savings a program that provides insurance to to provide $70 billion of tax cuts for the will go towards balancing the budget. one of every seven Americans, at a rich. According to the Congressional Together we can do better. We need time when the number of the uninsured Budget Office, there will be nearly $8 to return to responsible budget prin- has risen by 6 million under this Presi- billion in new charges to students and ciples that include pay-as-you-go dent. families that will raise the cost of their spending. We need a balanced budget America can do better than increas- college loans at a time when the cost of amendment. And we need a Federal ing costs for essential health care serv- higher education is rising much faster budget that is honest with the Amer- ices for the poorest Americans, includ- than the rate of inflation. ican people. ing for the first time ever even the This reconciliation bill is not about I urge my colleagues to vote ‘‘no’’ on poorest children, which will reduce controlling runaway Federal spending. this budget reconciliation. their access to needed health care.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25565 America can do better than a budget I strongly urge my colleagues in Con- These children desperately need the package where $3 out every $4 in Med- gress to take immediate action on the nutrition provided in school lunches. It icaid cuts are borne directly by indi- debt by embracing real bipartisan re- is cruel, and this bill must be defeated. viduals who are poor or disabled. form. f When are the House Republicans f HONORING OUR VETERANS going to realize a stronger America is A SALUTE TO VETERANS one where we all work together? (Mr. GINGREY asked and was given Together, America can do better. (Mr. STEARNS asked and was given permission to address the House for 1 f permission to address the House for 1 minute.) minute.) Mr. GINGREY. Madam Speaker, I IRAQI SPECIAL TRIBUNAL HOUSE Mr. STEARNS. Madam Speaker, this also rise today to pay tribute to Amer- RESOLUTION Friday, Americans will observe Vet- ica’s veterans, whose brave efforts have (Mr. BURGESS asked and was given erans Day, a special day of national ob- safeguarded those values we hold dear: permission to address the House for 1 servance that we have set aside to re- freedom, liberty, democracy, and the minute and to revise and extend his re- member our veterans and their sac- American way of life. marks.) rifices. This week, as we celebrate Veterans Mr. BURGESS. Madam Speaker, the The 50 million Americans who have Day, I hope all Americans will take the path to a free and democratic Iraq has served our country since the American time to thank a veteran for his or her been dangerous and protracted. Yet, Revolution have done more than just service to our country. after years of oppression, the Iraqis are protect our national security. They From our Nation’s founding days, we closer than ever to having a nation fought for our freedom, and in so doing, have appreciated and recognized the ruled by their people instead of a ty- our veterans have provided a shining sacrifices and valor of our veterans. rant. example for the millions of Americans General George Washington noted in For the safety of our Nation, I be- who followed in their footsteps. 1776 that American soldiers ‘‘have done lieve we must continue to support the In my own family, my father served all I have asked you to do, and more sovereign actions of this developing na- in the Navy during World War II in the than can be reasonably expected.’’ Our tion. Pacific theater. He was in the Iwo Jima veterans today rise to this same chal- Current news headlines are show- campaign and was awarded the Bronze lenge. casing the trial of Saddam Hussein and Star. America’s veterans fought to pre- what danger accompanies that activ- Nearly 2 million veterans live in my serve our great Nation, to liberate the ity. His trial is important, but a home State of Florida. Thousands of oppressed, and to hold fast to the idea strong, independent Iraqi judicial sys- my fellow Floridians have served or are that freedom and liberty are universal tem is of greater importance. on active duty in Afghanistan and Iraq. rights worth fighting and, yes, some- As Members of Congress, we have an Some of these soldiers have made the times dying for. obligation to uphold and support this ultimate sacrifice and many have suf- I want to thank all of our veterans principle, especially in a land that has fered grievous wounds. I salute these for their selfless service. From Omaha been so tormented. The Iraqi Special brave men and women. Beach and the Pacific seas, to the jun- Tribunal has been impaneled to bring Madam Speaker, may God bless our gles of Vietnam and the sands of the swift and impartial justice to both the veterans, their families, and this great Middle East, we live every day with the victims and the nation of Iraq. I urge Nation. gift of liberty because you secured our Members to support H.R. 534, recog- f freedom and the freedom of genera- nizing the importance and credibility tions to come. REPUBLICAN CUTS TO FOOD of an independent Iraqi judiciary. STAMP AND OTHER AGRICUL- f f TURAL PROGRAMS BLUE DOGS STAND FIRM AGAINST NATIONAL DEBT SURPASSES $8 (Ms. WATSON asked and was given REPUBLICAN BUDGET CUTS TRILLION permission to address the House for 1 (Ms. HERSETH asked and was given (Mr. CARDOZA asked and was given minute.) permission to address the House for 1 permission to address the House for 1 Ms. WATSON. Madam Speaker, this minute.) minute.) week, Republicans will bring a budget Ms. HERSETH. Madam Speaker, I Mr. CARDOZA. Madam Speaker, just reconciliation bill up that cuts critical too stand united today with my fellow 2 weeks ago, the national debt passed Federal programs that directly affect Blue Dog Democrats in opposition to the $8 trillion mark. the lives of everyday Americans, all so the majority’s budget reconciliation This unfortunate milestone was the they can turn around and cut taxes decisions. Blue Dogs have consistently direct result of policies put in place by that primarily benefit America’s mil- stood for fiscal responsibility, balanced the leadership of this Congress and the lionaires. budgets, and an honest, open, and ac- Bush White House. Now our friends on Among the proposals they will bring countable budget process. the other side of the aisle want the and will try to force through are dra- So why would Blue Dogs support a Members of the Blue Dog Coalition to matic cuts in food assistance programs proposal that is part of a budget rec- endorse their latest push to run the to our most vulnerable. According to onciliation package that will increase debt even higher. the CBO, the Republican food stamp the deficit, not lower it? Why would we This budget package should be called cuts would knock nearly 300,000 Ameri- be in support of a budget reconciliation the ‘‘Deficit Expansion Act.’’ It would cans off nutritional assistance pro- package that is part of a broken budget continue drowning America in red ink grams. Included in that number are process in need of serious reform? And in order to finance new tax cuts for the 40,000 children who would no longer re- why would we support a budget rec- wealthy and privileged. It is time for a ceive either free or reduced-price onciliation process that is part of an real strategy for fiscal responsibility, school lunches. overtly partisan failed strategy, a not more of the same. No other group has benefited more strategy that will fail the House major- The Blue Dog Coalition has put for- from 5 years of Republican domination ity leadership and would fail the Amer- ward a comprehensive, 12-step plan in Washington than those who are the ican people if Blue Dogs did not stand that would dig America out of this fis- wealthiest in our Nation, and now Re- firmly against it. cal mess. Our proposal includes com- publicans want to take school lunches I encourage my colleagues on both monsense reforms such as reinstating away from 40,000 children so they can sides of the aisle to stand firmly PAYGO rules and discretionary spend- provide America’s millionaires another against it as well and vote ‘‘no’’ on the ing caps. tax break. budget reconciliation bill.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25566 CONGRESSIONAL RECORD—HOUSE November 9, 2005 DEFICIT REDUCTION ACT A GOOD REPUBLICAN PRIORITIES DEMAND native? I will ask that question. I hope FIRST STEP FOR AMERICA SACRIFICE OF THE MANY, PRO- somebody will answer. (Mr. PENCE asked and was given per- VIDE ENRICHMENT OF THE FEW f mission to address the House for 1 (Mr. PALLONE asked and was given A ROSE BY ANY OTHER NAME minute and to revise and extend his re- permission to address the House for 1 (Mr. BISHOP of Georgia asked and marks.) minute.) was given permission to address the Mr. PENCE. Madam Speaker, earlier Mr. PALLONE. Madam Speaker, the House for 1 minute.) today, my good friend RAHM EMANUEL, Republican budget bill is not a docu- Mr. BISHOP of Georgia. Madam a Democrat from Illinois, said, ‘‘To- ment of our Nation’s priorities. The Speaker, a rose by any other name morrow the House will vote on Amer- Republicans are not listening to the smells just as sweet. And dung by any ica’s future, with an $8 trillion na- needs of average Americans who want a other name stinks just as much. A tional debt and with a Congress that fair budget and lower deficits. stinking bill that cuts spending for spent $60 billion in 6 days without a Here are 10 quick reasons why this Medicaid, food stamps, student loans, thought as to how we were going to pay mean-spirited bill should be defeated foster care, child support, school for it.’’ I could not agree more. this week. First, it takes from the poor lunches, and senior care by $54 billion The gentleman from Illinois went on and middle class to make the rich rich- and then cuts revenue taxes for folks to say, ‘‘Where else could we cut food er. Second, it includes the largest cuts earning $300,000 or more by $70 billion stamps and Medicaid?’’ and he an- in student loans in history. Third, it still leaves a stinking deficit of $16 bil- swered, ‘‘With a Republican Congress’’ provides a $24 billion windfall to delin- lion. Add $7.1 billion for the cost of the and a lament. quent dads. Fourth, it destroys the President’s flu initiative and $200 bil- And I would ask, where else but in pristine Arctic refuge and endangers lion for gulf coast reconstruction and Washington, DC could a deficit reduc- our coastline. that grows to $223 billion. tion act that actually increases enti- Fifth, it worsens America’s health This Republican reconciliation pack- tlements by 6.3 percent, instead of the status by cutting Medicaid by $12 bil- age is misnamed. It is actually a sham. planned 6.4 percent, be called a cut? lion. Sixth, it cuts safety-net funding Republicans have rejected the Blue Dog The budget cuts we will pass tomorrow, for our most vulnerable children. Sev- 12-point plan to cut deficit spending let me say again, will still increase enth, it takes school lunches away and now want to fool the American spending in Medicaid student loans and from 40,000 kids who desperately need people. Madam Speaker, you can dress aid to dependent families. As a con- the nutritional content that those up a pig and call it a lady, but it is still servative, as some of my Blue Dog col- lunches provide. Eighth, it fails to ade- a stinking pig. You can dress up a leagues have said, I do not think this quately fund vital support services for sham and call it deficit reduction; but deficit reduction act goes nearly far workers. Ninth, it adds insult to injury it still says oink, oink, still stinks and enough to do right by those children for farmers in the form of commodity is still a lie. and grandchildren that we raise. But it cuts. And tenth, despite all these cuts, is a good first step. It is a modest start it still swells the deficit. And I stress, f in the direction of putting our fiscal it still swells the deficit. REPUBLICAN CUTS TO FOOD house in order. I urge my Republican f STAMPS and Democrat colleagues of goodwill to FISCAL FANTASY (Mr. CROWLEY asked and was given support it. (Mr. KINGSTON asked and was given permission to address the House for 1 f permission to address the House for 1 minute and to revise and extend his re- b 1030 minute and to revise and extend his re- marks.) marks.) Mr. CROWLEY. Madam Speaker, I BUDGET RECONCILIATION Mr. KINGSTON. Madam Speaker, I rise in opposition to the Republican (Ms. WOOLSEY asked and was given was listening to some of this hysteria cuts to food stamps under this rec- permission to address the House for 1 and rhetoric from the Democrat Party, onciliation budget, an incredible total minute and to revise and extend her re- and I wonder sometimes if they actu- loss of $844 million, $844 million that marks.) ally believe what their speech writers comes directly from people in this Ms. WOOLSEY. Madam Speaker, the apparently give them. Obviously, they country who are struggling to feed Federal budget is about priorities. And do not read it before they start giving themselves and their families; $844 mil- with this budget, Republicans have the speech because they know food lion from people who can least afford their priorities all wrong. As an exam- stamps are going up $250 million. It is such a drastic cut. And once again, im- ple, The Washington Post reports that not a cut. Medicaid is going up $66 bil- migrant families are being treated par- young people from rural America are lion. That is not a cut. Medicaid goes ticularly inhumanely by this Repub- shouldering a disproportionate burden up 7 percent instead of 7.3 percent. lican plan. of the war in Iraq. Why? Rural Ameri- That is what you need to be saying; we And let me be clear. We are talking cans are increasingly willing to risk think it should be going up more than about denying assistance to legal per- dying in this Iraqi quagmire to im- you guys, but admit, as we all know, manent residents, immigrants who prove their chances of paying for col- Medicaid is going up 7 percent, $66 bil- play by the rules, support our commu- lege and getting a decent paying job. lion. nities, and serve in our military; immi- More than 44 percent of military re- Yet in Washington, D.C., just like grants who sacrifice so much to come cruits now come from rural areas. Only Disney World, there is a lot of fantasy here; immigrants who are frequently 14 percent come from American cities. around us. And the fantasy is that if among the most vocal supporters of Also, many military recruits are finan- you do not get the increase that you America and the American Dream. cially strapped. Nearly 50 percent of want, you can go out and have the New Under the Republican plan, 70,000 legal them come from lower-middle-class to York Times and Washington Post say, immigrant households will be denied poor households. In 2004, nearly two- yes, he is right, that is a cut because food stamps for an extra 5 years. thirds of Army recruits came from they are not going up 7.3 percent, they But if the argument for supporting counties in which median household in- are going up 7 percent. We have a plan humane treatment of our immigrant come is below the U.S. median. to reform government and create sav- population does not sway you, consider Why do I tell you this? Because the ings. Yesterday, the Democrat Party that many of these legal immigrant response of this Republican-led Con- announced they would have no agenda families include children, kids who are gress is to impose $14.5 billion in deeper for 2005. Well, surprise, surprise. It is American citizens, kids who will be de- budget cuts in student aid. How does only November. But when is the Demo- nied food stamps for an extra 5 years. If that add up? crat Party going to announce its alter- you do not see this as unconscionable,

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25567 I do not know what you see as uncon- FISCAL RESPONSIBILITY from low- and middle-income families scionable. If you do not think this is (Mr. BERRY asked and was given with 33 percent higher debt to pay for un-American, I do not believe there is permission to address the House for 1 tax cuts that benefit almost exclu- anything that is un-American more minute and to revise and extend his re- sively those whose income is over than this. marks.) $200,000 a year. This bill cuts $14 billion f Mr. BERRY. Madam Speaker, I love from student aid by increasing interest rates and taxes on loans and charging WHAT RECONCILIATION MEANS coming down here and listening to these whiz bangs on the other side talk students new fees. (Mr. BOYD asked and was given per- The cost of college is skyrocketing, mission to address the House for 1 about their fiscal responsibility and all of this foolishness that they have put and it already leaves the average stu- minute.) dent $17,000 in debt. This bill would in- Mr. BOYD. Madam Speaker, the Re- forth to the American people. It makes me want a dip of snuff. It is almost like crease that debt by 33 percent. Many publican leadership has announced ear- low- and middle-income students will lier that tomorrow we will vote on they cannot add and subtract. I know they cannot multiply and divide. But no longer be able to afford college and budget reconciliation. I wanted to un- their lifetime earning power will be re- derstand better what reconciliation the great mystery to me will always remain why in 5 years’ time when they duced. Under the reconciliation bill, at meant, so I went to Webster. And let least four students are going to start me read to you what it means to rec- have increased the national debt by $3 their careers burdened with added debt oncile: to restore to friendship or har- trillion and demonstrated beyond a to pay for each millionaire’s tax cut. mony; secondly, to make consistent or shadow of a doubt that they have abso- And all this is being done so that the congruous; thirdly, to check a financial lutely no interest in being responsible, wealthiest 3 percent of Americans can account against another for accuracy. they would come here, present a budget have another huge tax cut. That is Webster. The Republican budg- that increases the debt by tens of bil- et reconciliation certainly does not re- lions of dollars more and try to tell the f store friendship and harmony since American people this is what you need; REPUBLICAN RECONCILIATION they have been unwilling to include this is what we are going to do for you. BILL any Democrats, including our Blue Dog You are going to have to answer to Coalition, in the discussion of this your children and grandchildren. And I (Mr. DEFAZIO asked and was given huge deficit problem. And it certainly would love to be there when they walk permission to address the House for 1 does not make our financial accounts up to you and say, Grandmother, minute.) balance since it will increase our an- Grandfather, why did you do this to us? Mr. DEFAZIO. The Republican rec- onciliation bill, pretending to finally nual deficit by more than $16 billion. f Under this administration and Repub- bring a sense of fiscal responsibility to lican leadership in Congress, our na- RECONCILIATION PLAN that side of the aisle, having increased tional debt has shot through the $8 tril- (Mr. MELANCON asked and was our debt by 62 percent in 5 years, actu- lion mark and continues to rise. given permission to address the House ally is bleeding middle-income fami- lies, kids who want to get a higher edu- f for 1 minute.) cation, $14 billion out of student loans. PAYGO PROPOSAL Mr. MELANCON. Madam Speaker, I cannot vote for this reconciliation plan Those youngsters in the elementary (Mr. COOPER asked and was given for one very simple reason: Now is not schools are eating too much. Cut stu- permission to address the House for 1 the time to be cutting taxes for the dent lunches for those kids. Foster minute and to revise and extend his re- wealthy in our country when the peo- care, the family values side, long-term marks.) ple of the ravaged gulf coast region re- care for seniors. Why are they cutting Mr. COOPER. Madam Speaker, I ceive silence and burdensome loans. I all that? So they can bleed the poor think most folks back home want us to join my fellow Blue Dogs in opposition and the middle class in this country. get along with each other in order to to this plan. Do the math: $54 billion in And then as they create this giant sea strengthen our Nation. Well, how can spending cuts minus $70 billion in tax of red ink, they will float the yachts of we best do that, especially at a time of cuts equals a $16 billion increase in the the wealthy on it by giving them $70 contentious budget reconciliation? deficit. We give tax cuts to the rich and billion in tax breaks, actually increas- There is a simple proposal called ing the deficit, having already stuck it PAYGO that is not theory; it has continue to run up the deficit, but con- tinue to send loans to the people who to the middle class and struggling fam- worked incredibly well. It worked from ilies. the year 1990 to the year 2002 when our need their government the most in the gulf coast region. They are going to increase the deficit friends on the other side of the aisle al- in order to finance tax cuts for people lowed it to expire. Our government must do just as President Bush said in Jackson Square, who earn over $300,000 a year so their How well did it work? Well, Alan yachts can be a little bigger and float Greenspan, the Chairman of the Fed- whatever it takes to rebuild. I agree with the President on rebuilding. But a little higher. They should be ashamed eral Reserve, said it is the single most of what they are doing to America and important thing we can do to right our let me be clear. Cutting taxes for the wealthy while loaning money to the what they are doing to middle-income fiscal ship. Pay-as-you-go means that if and struggling families. you want to spend more money, you devastated communities along the gulf have to find offsetting cuts somewhere coast is the wrong course of action. Let f before you can think about spending us start sending real help to the people b 1045 the new money. And it also means if in need and stop sending millionaires you want to offer someone a tax cut, refund checks. WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT that is fine. Just figure out a way to f pay for it. It is a simple and clear rule, ON H.R. 2419, ENERGY AND and it guided our Nation into pros- STUDENT AID IN RECONCILIATION WATER DEVELOPMENT APPRO- perity from 1990 to 2002. BILL PRIATIONS ACT, 2006 Why can we not readopt that? It has (Mr. OLVER asked and was given Mr. HASTINGS of Washington. proven to work and work well for all permission to address the House for 1 Madam Speaker, by direction of the Americans and to strengthen our Na- minute.) Committee on Rules, I call up House tion. The Blue Dog Coalition has been Mr. OLVER. Madam Speaker, tomor- Resolution 539 and ask for its imme- more consistent in its support for the row’s reconciliation bill is a reckless diate consideration. PAYGO provisions than any other attack on students attending college. The Clerk read the resolution, as fol- group in Congress. Support PAYGO. Basically, the bill burdens students lows:

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25568 CONGRESSIONAL RECORD—HOUSE November 9, 2005 H. RES. 539 volvement that I was able to launch reflects much thought and long-term Resolved, That upon adoption of this reso- last year. planning on behalf of the Committee lution it shall be in order to consider the The final conference report also pro- on Appropriations. This year’s energy conference report to accompany the bill vides $18 million for the Department of and water bill means a great deal to (H.R. 2419) making appropriations for energy Energy’s budget for the transition of my constituents in my hometown of and water development for the fiscal year Pacific Northwest National Lab sci- Sacramento. ending September 30, 2006, and for other pur- entists and capabilities into new lab This year, we pointedly witnessed poses. All points of order against the con- ference report and against its consideration space. The buildings in which the sci- just how important the water funding are waived. The conference report shall be entists currently work are located in included in the energy and water ap- considered as read. the Hanford site’s 300 Area and will be propriations funding legislation is. And The SPEAKER pro tempore (Mrs. torn down in the next few years to we must now embrace the lessons this MILLER of Michigan). The gentleman clean up this contaminated area. year’s unprecedented hurricane season The $18 million represents an in- from Washington (Mr. HASTINGS) is rec- have taught us about the essential ognized for 1 hour. crease of $10 million above DOE’s budg- need to invest in our Nation’s flood Mr. HASTINGS of Washington. et request that I worked to add to control infrastructure, dollars that are Madam Speaker, for the purpose of de- make certain this effort remains on necessary to examine, maintain and bate only, I yield the customary 30 track and that construction activity strengthen our levee and dam systems. minutes to the gentlewoman from Cali- can begin this year. Federal officials must look expedi- Ensuring the new lab space is ready tiously at the significant role infra- fornia (Ms. MATSUI), pending which I and available before cleanup of Hanford structure plays to reduce catastrophic yield myself such time as I may con- requires the destruction of the sci- loss in a flood event. I commend the sume. During consideration of this res- entists’ current lab space is a top pri- committee for calling on the Corps of olution, all time yielded is for the pur- ority of mine, and I will continue to Engineers to identify and create a list pose of debate only. work hand-in-hand with the leaders of of the Nation’s 10 most critical water Madam Speaker, House Resolution Pacific Northwest National Lab to resource needs in the country. 539 waives all points of order against make this happen. While hurricane season has ended, the conference report and against its This bill also funds the cleanup of the the flooding season in Sacramento and consideration. Hanford site. In February, I was dis- all of California will begin shortly. And The resolution also provides that the appointed with the Department of En- as I have consistently spoken about the conference report shall be considered ergy’s proposed funding for Hanford, unacceptable risk of flooding my con- as read. The energy and water develop- and I have worked for months to re- stituents face, I am certain you under- ment appropriations conference report store some of that funding. stand the concern I have about this up- provides a total of $30.5 billion to fund I am pleased that this bill provides coming season. Despite years of dedi- the Army Corps of Engineers, Depart- increases above DOE’s requested budg- cated efforts, Sacramento still remains ment of Energy, Department of Inte- et for several important cleanup one of the most flood-prone and threat- rior, the Bureau of Reclamation and projects in Hanford, including the ened cities in the country, paling in several independent agencies for the River Corridor initiative, tank waste comparison to the level of protection current fiscal year. retrieval, groundwater protection, pre- enjoyed by other river cities. The Bureau of Reclamation receives serving the historic B Reactor, and According to the U.S. Army Corps of $1.1 billion to maintain and operate continuing the important safety and Engineers, Sacramento’s flood risk is water infrastructure projects through- training work of the Volpentest HAM- among the highest of urban areas in out the West. MER facility. the country. This bill makes a signifi- The Department of Energy con- There are very real cleanup successes cant investment in Sacramento’s flood stitutes the bulk of the bill with fund- being achieved at Hanford, and it is im- reduction efforts. It keeps the region ing of $24.3 billion. This represents a portant to keep progress moving for- on track to achieve our short-term decrease of $129 million from fiscal ward. This bill does, however, reduce goal, through levee work, of reaching year 2005. funding for construction of the Waste 100-year protection. Moreover, this leg- Overall, the conference report rep- Treatment Plant by $100 million, which islation ensures our other projects resents a compromise between the is a reduction that DOE proposed. I move forward, through which Sac- House- and Senate-passed bills and de- have made my dissatisfaction with the ramento will more than double the cur- serves the support of my colleagues. situation created by the Department rent level of flood protection. This in- Madam Speaker, included in this bill very clear, and I intend to keep press- creased protection is essential. are a number of projects and provisions ing DOE to be open in providing an- With thousands of lives and the cap- of importance to my central Wash- swers on its plan for the Waste Treat- ital of the Nation’s largest State at ington congressional district. The Bu- ment Plant. risk, the need for this critically impor- reau of Reclamation’s budget provides DOE has repeatedly stated their com- tant investment is clear. We cannot af- $1.5 million to keep pace with a Federal mitment to building and completing ford to delay this work. This legisla- study looking to add more water stor- the vitrification plant, and we simply tion recognizes the immediate need for age in the Yakima River basin and the cannot afford to have a lack of infor- progress on our flood control by direct- potential of the Black Rock reservoir. mation from the Department create ing our Corps of Engineers and the Bu- Water storage is critical to the farmers further challenges for this project. reau of Reclamation to continue the and communities in this arid part of Madam Speaker, this conference re- collaborative work addressing improve- our Nation, and this year’s drought port comes to us with bipartisan sup- ments to Folsom Dam. On behalf of made clear the importance of finding port from the House-Senate conference Sacramento, I appreciate their dedica- solutions for creating additional stor- committee, and I urge my colleagues tion to this goal. age. to give bipartisan support for this rule Each of our flood control partners, Funds were also provided for the Bu- and passage of the conference agree- the Sacramento Area Flood Control reau of Reclamation to continue work ment. Agency, the Corps of Engineers, the to address the depletion of the Odessa Madam Speaker, I reserve the bal- Bureau of Reclamation, and the State Subaquifer on the Columbia Basin ance of my time. of California, recognize the dire need project, as well as needed improve- Ms. MATSUI. Madam Speaker, I for improved flood control and have ments to the West Canal. Finding an- thank the gentleman from Washington personally invested in finding a solu- swers for farmers whose water supply for yielding me this time, and I yield tion; and I thank them for this. They, is disappearing requires the active par- myself such time as I may consume. as I, who live in Sacramento, under- ticipation of the Bureau of Reclama- Madam Speaker, I look forward to to- stand that lives are at risk and delays tion, and this bill continues the in- day’s consideration of H.R. 2419, which only add to our vulnerability.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25569 I cannot proceed without also ex- proceedings on this question will be the DEA, and this is a $48 million in- pressing my gratitude to the gen- postponed. crease above fiscal 2005, and it is $8 tleman from Ohio (Mr. HOBSON), the f million below the President’s request. gentleman from California (Mr. DOO- It provides $802 million for the WAIVING POINTS OF ORDER LITTLE), and the gentleman from Indi- United States Marshals Service, and AGAINST CONFERENCE REPORT ana (Mr. VISCLOSKY). Their commit- this is an increase of $42 million from ON H.R. 2862, SCIENCE, STATE, ment to improving our Nation’s water fiscal year 2005 and actually $12 million JUSTICE, COMMERCE, AND RE- infrastructure is evident in this legisla- above the President’s request. LATED AGENCIES APPROPRIA- tion. I thank both of California’s Sen- Additionally, included in the con- TIONS ACT, 2006 ators for their efforts on Sacramento ference report is $924 million for the and California’s flood control needs. I Mr. GINGREY. Madam Speaker, by Bureau of Alcohol, Tobacco, Firearms appreciate Senator FEINSTEIN’s leader- direction of the Committee on Rules, I and Explosives, an increase of $41 mil- ship in the conference committee. To call up House Resolution 538 and ask lion above fiscal year 2005, and it is the the energy and water appropriations for its immediate consideration. same as the President’s request. staff, particularly Peder Maarbjerg and The Clerk read the resolution, as fol- Further, this conference report con- John Blazey, your long hours and hard lows: tains $2.7 billion for assistance to State work are much appreciated. H. RES. 538 and local law enforcement for crime- Their efforts reflect not only the in- Resolved, That upon adoption of this reso- fighting initiatives, $1.1 billion above credible investments that must be lution it shall be in order to consider the the President’s request and actually made to improve our infrastructure conference report to accompany the bill $287 million below fiscal year 2005. across the Nation, but also an acknowl- (H.R. 2862) making appropriations for This amount includes $405 million to edgment that we must wisely spend Science, the Departments of State, Justice, reimburse States for criminal alien de- and Commerce, and related agencies for the tention costs, $387 million for violence each dollar. This legislation adds new fiscal year ending September 30, 2006, and for measures to ensure that the Corps other purposes. All points of order against against women prevention and prosecu- manages each dollar efficiently. the conference report and against its consid- tion programs, $416 million for the Ed- To improve the execution of projects, eration are waived. The conference report ward Byrne Discretionary Grants pro- the Corps is directed to develop a 5- shall be considered as read. gram, $340 million for juvenile delin- year comprehensive budget plan and vi- The SPEAKER pro tempore. The gen- quency prevention and accountability sion for water infrastructure in the tleman from Georgia (Mr. GINGREY) is programs. It includes $109 million to country to comprehensively integrate recognized for 1 hour. eliminate DNA analysis backlogs, $140 financial planning and project manage- Mr. GINGREY. Madam Speaker, for million for law enforcement tech- ment. Further, while the Corps will the purpose of debate only, I yield the nologies and interoperability, $64 mil- still have the flexibility to occasion- customary 30 minutes to the gen- lion for methamphetamine hotspots, ally shift project funding as needed, tleman from Massachusetts (Mr. and $40 million to reduce gang vio- the Corps will no longer be able to con- MCGOVERN), pending which I yield my- lence. sistently use this practice. self such time as I may consume. Dur- Madam Speaker, this conference re- By working together, the Congress, ing consideration of this resolution, all port appropriates $6.6 billion for the the administration, and the Corps of time yielded is for the purpose of de- Department of Commerce, marking a Engineers will be better prepared to en- bate only. decrease of $37 million from fiscal year sured that limited Federal resources House Resolution 538 waives all 2005 and a $2.9 billion increase from the are spent efficiently, commitments to points of order against the conference President’s request. local sponsors are honored, and report and against its consideration Recognizing the importance of space projects remain on schedule. and provides that the conference report exploration that has fascinated minds This bill moves our country forward shall be considered as read. for generations and provided many on many levels, from improving local Madam Speaker, I rise today in sup- breakthrough technologies, this con- water infrastructure to bigger-picture port of House Resolution 538 and the ference report matches the President’s Corps of Engineer financial manage- underlying conference report for H.R. request of $16.5 billion to NASA, the ment and efficiency issues. 2862, the Science, State, Justice, Com- National Aeronautics and Space Agen- In light of the realities our Nation merce and Related Agencies Appropria- cy, and this is $260 million above fiscal faced this year, I hope Congress will tions Act of 2005. This conference re- year 2005. The bill provides funding for continue this commitment to public port provides $57.85 billion, $2.5 billion space exploration and the space shuttle safety and significantly invest in water less than the President requested, to program, restoring the aeronautics re- infrastructure. I strongly support the fund the Departments of Justice, Com- search program. Additionally, the Na- underlying conference report and look merce and State along with NASA, the tional Science Foundation would re- forward to voting in support of the National Science Foundation, the Fed- ceive $5.65 million of much-needed measure. eral Communication Commission, FCC, funding to drive American research and Madam Speaker, I yield back the bal- the Securities and Exchange Commis- education, thereby keeping this coun- ance of my time. sion, SEC, the Legal Services Corpora- try on the cutting edge of advanced Mr. HASTINGS of Washington. tion, and the Small Business Adminis- technology and research. Madam Speaker, I yield back the bal- tration, SBA. This conference report also provides ance of my time, and I move the pre- $9.6 billion for the State Department vious question on the resolution. b 1100 and the Broadcasting Board of Gov- The previous question was ordered. In recognition of the continual re- ernors, including $1.6 billion to con- The SPEAKER pro tempore. The quirement to reassess our security and tinue worldwide security improve- question is on the resolution. law enforcement needs, this conference ments and replacement of vulnerable The question was taken; and the report establishes responsible prior- embassies; $4.4 billion for diplomatic Speaker pro tempore announced that ities to enable law enforcement to and consular programs; and $652 mil- the ayes appeared to have it. meet threats abroad and at home in lion for international broadcasting, in- Mr. HASTINGS of Washington. order to secure our communities. cluding expanding broadcasting to the Madam Speaker, on that I demand the Madam Speaker, this conference re- broader Middle East. yeas and nays. port provides $5.8 billion for the FBI, Finally, Mr. Speaker, this conference The yeas and nays were ordered. an increase of $547 million above fiscal report includes $456 billion for the The SPEAKER pro tempore. Pursu- year 2005 and $15 million above the Small Business Administration, $290 ant to clause 8 of rule XX and the President’s request. It provides $1.7 bil- million for the Federal Communica- Chair’s prior announcement, further lion for the Drug Enforcement Agency, tions Commission, $888 million for the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25570 CONGRESSIONAL RECORD—HOUSE November 9, 2005 Securities and Exchange Commission, The fact that those who would seek Finally, Mr. Speaker, this conference and $331 million for the Legal Services to take away our freedom and the free- report includes language prohibiting Corporation. dom of others utilize such techniques is the White House from blocking the im- While this conference report is not in no way a justification here. portation of discount prescription perfect, all in all it adds up to better As a matter of the highest national drugs through trade agreements. That protection for our communities, security, we must openly and outright means that the White House cannot stronger law enforcement at home, reject the use of torture as a means of subvert the House’s authority by pre- more vigorous diplomacy abroad, and achieving military victory in this or venting the American people from hav- improved scientific research and tech- any other war. Our ideals as a Nation ing access to life-saving, affordable nology. This is the kind of fundamental demand nothing less. Indeed, the fact prescription drugs. I strongly believe support that Americans expect from that we must even engage in this de- that access to affordable medication this Congress. These are true national bate on the House floor is indicative of and health care should be a right in priorities, balanced with our budgetary the deep crisis of conscience which has this country and not the fodder of a po- restrictions and with fiscal responsi- embroiled the White House. litical power struggle. Health care bility in mind. Senator JOHN MCCAIN is working should be a right in the United States Therefore, Mr. Speaker, I would like hard to build on the language in this of America and not a privilege. to ask my colleagues’ support of the conference report with regard to tor- I applaud my colleagues in both rule and the underlying conference re- ture and include language in the DOD Houses for demonstrating the rare po- port. authorization bill prohibiting the use litical will to constrain the power of Mr. Speaker, I reserve the balance of of torture and to make real and mean- this White House in the interest of pro- my time. ingful policy changes. His amendment tecting the American people. Mr. MCGOVERN. Mr. Speaker, I want is important. It is broadly supported Mr. Speaker, as I said before, budgets to thank the gentleman from Georgia and should be signed into law as soon are moral documents, and this budget (Mr. GINGREY) for yielding me the cus- as possible. is a statement of America’s principles. tomary 30 minutes, and I yield myself It is disconcerting that, as we speak The level of funding the committee had such time as I may consume. here today, the White House is fighting to work with is woefully small because Mr. Speaker, with the passage of this Senator MCCAIN and others who sup- of the fiscal ineptitude of the Repub- rule, this House will consider the port his initiative every step of the lican leadership in Congress and the Science, State, Justice, Commerce and way. Senator MCCAIN certainly knows Bush administration. Their policy of related agencies appropriations con- a lot more about the reality of deten- tax cuts for the rich and a continual ference report for fiscal year 2006. I tion and torture and the ineffective- growing of the Federal deficit has want to begin by congratulating the ness of torture than the President, the forced important programs like legal gentleman from Virginia (Mr. WOLF), Vice President, or the Secretary of De- services for the poor and COPS funding the chairman of the subcommittee, and fense. to be cut. This is irresponsible, and the gentleman from West Virginia (Mr. The recent revelation that the this does not reflect the wishes and MOLLOHAN), the ranking member, for United States has secret prisons values of the American people. working together to create a bill that around the world and that there is no With that, Mr. Speaker, let me once seems to be a fair and responsible piece accountability or there is no oversight again commend Chairman WOLF and of legislation. of what goes on in those prisons, quite Ranking Member MOLLOHAN for mak- Mr. Speaker, I believe that budgets frankly, is a national scandal. ing the best out of a bad situation. I are moral documents, and where and This is not what America is about. appreciate their help and their hard how we decide to spend the taxpayers’ This is not what America stands for, work. money says more about our values as a and the sad reality is that the reckless Mr. Speaker, I yield 6 minutes to the society than any speech or political behavior of this administration when it gentleman from Texas (Mr. DOGGETT). rhetoric possibly could. comes to torture has put our own sol- Mr. DOGGETT. Mr. Speaker, I thank This conference report, among other diers in more jeopardy. the gentleman for yielding me time. things, rightfully retains language in- Mr. Speaker, America can do better; Mr. Speaker, this bill fails the tens of cluded in the House-passed bill that and once we pass this conference re- thousands of Texans living along the prohibits funds being used to support port, I hope we will all join in a bipar- Lower Rio Grande River Valley. It is or justify the use of torture by the tisan way to support Senator MCCAIN’s difficult to fault the conferees for this United States Government. Despite the effort to ban torture as a policy for failure since they approved every dol- rhetoric coming from the White House, this country once and for all. lar requested by President Bush and this language is both necessary and ap- Mr. Speaker, I am disappointed that his Administration for flood preven- propriate. the conferees once again stripped the tion, but this Administration appears As the most powerful democracy in Sanders provision from this bill that to have learned absolutely nothing the history of the world, we have a would have prevented funds in the bill from the Hurricane Katrina disaster moral responsibility not only to pro- from being used to implement provi- when it comes to protecting poor peo- mote the expansion of our democratic sions in section 215 of the PATRIOT ple from being inundated by the failure values around the world, but perhaps Act. These provisions permit searches of defective levees. most importantly, to demonstrate our of library circulation records, library Along the Rio Grande River in the commitment to them through our own patron lists, book sales records, or Valley, we have some 270 miles of lev- practices and in the legislation we pass book customer lists. ees and numerous drainage structures here in the Congress. This amendment passed by a vote of and floodways that are meant to pro- One of the most dramatic and signifi- 238–187, yet the Republican leadership tect our citizens from flooding. All of cant tests of that commitment is be- has decided to strip it out of the bill. this levee infrastructure, every bit of fore us today in the debate over our This is wrong and these provisions, like the levees, is not city, it is not county, own use of the abhorrent practice of so many others in the PATRIOT Act, it is Federal infrastructure. torture. The United States of America, quite frankly should be stripped out of The United States Section of the as the leader of the free world, cannot the bill as well. International Boundary and Water and must not engage in a behavior Mr. Speaker, the American people do Commission (IBWC) is a tiny Federal which has been condemned around the not want this provision. A majority in agency based in El Paso, Texas, and it world by the international community. this Congress do not want this provi- reports through the Department of To engage in such a heinous practice is sion, and yet somehow it managed to State, through Secretary Condoleezza a betrayal of our own values as defend- basically be null and voided in the con- Rice here in Washington, to the Presi- ers of freedom and liberty. ference committee. dent. Its director is appointed by the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25571 President. It was originally set up to Sounds a lot like the great job that military understand that it jeopardizes define and protect the boundary be- Ol’ Brownie did. And as the painful the lives of Americans, of American tween the United States and Mexico. footage of Katrina shows, the price to soldiers. How do we demand that the Now it has responsibility for seeing be paid by Americans is grave indeed. international laws be respected and that the levees under its jurisdiction We know that sea levels are rising that if one of our citizens was taken as protect the Valley’s growing popu- around the world, and the Gulf of Mex- a prisoner that they not be abused or lation, which includes one of the poor- ico has entered a cycle of intensified tortured if it is not the policy of this est populations in the United States. hurricane activity: Katrina, Wilma, country to prohibit torture in any Only the Federal Government can Alpha, Beta, so many hurricanes we shape or form? We need to do better, change, alter, or improve these levees. ran out of names for them. But for the Mr. Speaker. The dozens of local governments, the grace of God, had they headed toward I will just conclude by saying that I businesses, the homes of tens of thou- the mouth of the Rio Grande River, we urge my colleagues to support this bill. sands of American citizens are all at would be seeing on the evening news We do not have any problem with the risk when the Federal administration flood victims in Hidalgo, in McAllen rule. But I would also urge my col- shirks its responsibility to protect and in Mission being rescued. Yet, de- leagues, once this bill is passed, to join them as this one has done. spite repeated calls for action, the with those in the Senate in a bipar- In New Orleans, we saw levees Bush Administration did not add one tisan way to prohibit torture once and breached at a terrible cost, suffered by thin dime to its construction budget in for all. This should not be part of many, but a cost particularly borne by this bill to protect our Valley resi- America. We are much better than the poorest citizens of that city. dents. this. We do not stand for that. And if In the Valley, as in New Orleans, the This is a chart right out of the the White House does not get the mas- Federal Government cannot justifiably IBWC’s own report showing by color, 6 sage, we need to force the issue and to claim that ‘‘nobody anticipated a feet in purple, 6 feet over the top of the send them a bill that in fact has this breach of the levees,’’ as President existing levees with a major flood. Five prohibition in it. Bush mistakenly declared on Sep- to 6 feet, all this red, 2 to 3 feet over Mr. Speaker, I yield back the balance tember 1 of this year, in offering his the top of the levees. What is going to of my time. first of many excuses about the happen to the City of Hidalgo? What is Mr. GINGREY. Mr. Speaker, I agree Katrina disaster. going to happen to all the businesses with my colleague, the gentleman from In June of 2003, the IBWC itself, the and homes and tens of thousands of Massachusetts, regarding some of the Federal agency in the Bush Adminis- people who live in this area if we do statements he made about torture. Cer- tration with the expertise and the sole tainly the provision in this bill con- responsibility for these levees along not provide an adequate amount of cerning that prohibits funds, as he the Rio Grande, issued its report enti- funding to repair the levees? This bill approves every dime the pointed out, from being used in any tled ‘‘Hydraulic Model of the Rio President asked for, but he is failing way whatsoever to support or justify Grande and Floodways.’’ the Texas Valley. He is failing to learn the use of torture by any official or b 1115 the lessons of Katrina and protect the contract employee of the United States It concluded that a 100-year flood, people of the Rio Grande Valley, who Government. I know the gentleman the type that could be produced by a live in the poorest statistical metro- was not suggesting that this President hurricane with far less punch than politan area, McAllen-Mission, in the or any Member of this Congress con- Katrina, will result in the levee system entire United States. The Federal Gov- dones torture. being overwhelmed along many river ernment is failing to meet its responsi- Mr. Speaker, I had the opportunity, miles at a variety of locations. This is bility to provide them the security not once but twice, to visit the deten- the type of flooding that will shut that the people of New Orleans did not tion facility at Guantanamo Bay, and down the McAllen-Miller International have. on each occasion I was accompanied by Airport, affect the international trade Mr. GINGREY. Mr. Speaker, I reserve a Member from the other side of the zone and bridges, and will inundate the balance of my time. aisle, a respected Democratic member thousands of homes and businesses, en- Mr. MCGOVERN. Mr. Speaker, let me on the Armed Services Committee. dangering people across the Rio Grande close as I began today by pointing out This was long before, Mr. Speaker, the Valley. to my colleagues that this conference occurrence at Abu Ghraib in Baghdad. Nor do the similarities between the report prohibits funding from being Again, I say I went on two different oc- Rio Grande Valley and New Orleans used by the United States Government casions and at no time did I see any end with the deficient preparation of for torture. We need to make this the evidence whatsoever of torture. the infrastructure that this bill fails to absolute policy of our country. What I did see was the International address. After Katrina, we learned that Friday is Veterans Day, and we need Committee of the Red Cross there positions at the Federal Emergency to do everything we can to honor our interviewing the detainees in privacy, Management Agency, FEMA, were veterans, but we can honor our vet- without any detention officers or any filled with political cronies. Less well- erans in part by doing everything we member of our military present. So known, but equally important, indeed can to protect the soldiers who are now these detainees had every opportunity more important to my constituents in on the field, and that must mean mak- to complain, and certainly complain Texas, are the findings that were made ing torture something that this coun- they did. this year concerning President Bush’s try will never be part of. I know as a matter of fact, Mr. appointment of the Commissioner of I am horrified, quite frankly, by the Speaker, that a number of our troops the U.S. International Boundary and behavior of the White House on this were reprimanded because they over- Water Commission, who recently de- issue. They attempted to try to under- reacted on occasion when they were parted. His appointee, who had respon- mine what Senator MCCAIN has tried to cursed and spat upon and had human sibility for these levees and the protec- do in the Senate and what some of us excrement, feces, and urine tossed in tion of thousands of Texans, was criti- have tried to do here in the House. their face. But this is not cruel and in- cized earlier this year by the General Those who believe that torture should humane punishment. Accountability Office as ‘‘rewarding have no place in America or American I know the gentleman from Massa- long-time friends with ranking posi- society are frustrated by what the chusetts is a great advocate of human tions’’ and ‘‘provoking a hemorrhage of White House is trying to do. We are a rights, and I think he is right on what qualified personnel, personnel who pro- much better country. he is standing up for. And, again, the tect against floods, monitor the safety The U.S. Army Manual bans torture, unfortunate occurrence at Abu Ghraib of water, and assure back-up electrical prohibits it. And one of the reasons at Cellblock 1 on the night shift by a power for Texas.’’ why is because those who are in the few miscreant Reservists is deplorable

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25572 CONGRESSIONAL RECORD—HOUSE November 9, 2005 and intolerable, and it will not be tol- MESSAGE FROM THE PRESIDENT to the gentlewoman from California erated. I know that our military re- A message in writing from the Presi- (Ms. MATSUI), pending which I yield sponded and responded in the correct dent of the United States was commu- myself such time as I may consume. way. So, certainly, I just want to say I nicated to the House by Ms. Wanda During consideration of this resolu- agree with the gentleman on his com- Evans, one of his secretaries. tion, all time yielded is for purposes of ment that we cannot tolerate that. f debate only. Mr. MCGOVERN. Mr. Speaker, will Mr. Speaker, House Resolution 540 is the gentleman yield? PROVIDING FOR CONSIDERATION a structured rule which provides 1 hour Mr. GINGREY. I yield to the gen- OF H.R. 1751, SECURE ACCESS TO of general debate equally divided and tleman from Massachusetts. JUSTICE AND COURT PROTEC- controlled by the chairman and the Mr. MCGOVERN. Mr. Speaker, I TION ACT of 2005 ranking minority member of the Com- thank the gentleman for yielding. Mr. GINGREY. Mr. Speaker, by di- mittee on the Judiciary. It waives all Again, my point is that if in fact we rection of the Committee on Rules, I points of order against consideration of can all agree that torture is abhorrent call up House Resolution 540 and ask the bill. It provides that the amend- and something that should not be part for its immediate consideration. ment in the nature of a substitute rec- of this society, then I hope we can all The Clerk read the resolution, as fol- ommended by the Committee on the in a bipartisan way support the effort lows: Judiciary and now printed in the bill of Senator MCCAIN, who wants to make H. RES. 540 shall be considered as an original bill it the policy of this land. Resolved, That at any time after the adop- for the purpose of amendment and shall My problem with the White House, tion of this resolution the Speaker may, pur- be considered as read. It waives all quite frankly, is that I am puzzled why suant to clause 2(b) of rule XVIII, declare the points of order against the committee they are trying to lobby to undermine House resolved into the Committee of the amendment in the nature of a sub- Whole House on the state of the Union for what Senator MCCAIN is doing. I am stitute. consideration of the bill (H.R. 1751) to amend also quite frankly shocked by the re- title 18, United States Code, to protect b 1130 cent revelations in the Washington judges, prosecutors, witnesses, victims, and Post about these secret prisons that we their family members, and for other pur- It makes in order only those amend- have all over the world where really, poses. The first reading of the bill shall be ments printed in the Rules Committee basically, there is no accountability. dispensed with. All points of order against report accompanying this resolution. It So my point is, if we can all agree consideration of the bill are waived. General provides that the amendments made in that this is wrong, let us make it the debate shall be confined to the bill and shall order may be offered only by a Member absolute law of this land and comply not exceed one hour equally divided and con- designated in the report, shall be con- with what the U.S. Army Manual says trolled by the chairman and ranking minor- sidered as read, shall be debatable for ity member of the Committee on the Judici- the time specified in the report, equal- and support Senator MCCAIN in his ef- ary. After general debate the bill shall be forts. And I hope we can do that in a bi- considered for amendment under the five- ly divided and controlled by the pro- partisan way, and I thank the gen- minute rule. It shall be in order to consider ponent and an opponent. It shall not be tleman. as an original bill for the purpose of amend- subject to amendment or a demand for Mr. GINGREY. Reclaiming my time, ment under the five-minute rule the amend- division of the question in the House or Mr. Speaker, I will simply close by rec- ment in the nature of a substitute rec- in the Committee of the Whole. It ognizing the hard work and the incred- ommended by the Committee on the Judici- waives all points of order against the ible effort of Subcommittee Chairman ary now printed in the bill. The committee amendments printed in the report and amendment in the nature of a substitute provides one motion to recommit with WOLF and all of the House and Senate shall be considered as read. All points of conferees. Reconciling differences be- order against the committee amendment in or without instructions. tween the two Chambers is rarely a the nature of a substitute are waived. Not- Mr. Speaker, I rise today to speak on simple task, but I believe they have withstanding clause 11 of rule XVIII, no behalf of House Resolution 540 and the once again risen to the occasion and amendment to the committee amendment in underlying bill, H.R. 1751, the Secure they have produced a conference report the nature of a substitute shall be in order Access to Justice and Court Protection that may not please everybody with ev- except those printed in the report of the Act of 2005. erything, but it gets the job done by Committee on Rules accompanying this res- First, I want to extend my gratitude olution. Each such amendment may be of- to the gentleman from Wisconsin appropriately balancing our spending fered only in the order printed in the report, needs with our budget. may be offered only by a Member designated (Chairman SENSENBRENNER) of the Mr. Speaker, the American people de- in the report, shall be considered as read, Committee on the Judiciary. I also mand and they expect responsible shall be debatable for the time specified in would like to thank the ranking mem- spending to support law enforcement, the report equally divided and controlled by ber, the gentleman from Michigan (Mr. strengthened diplomacy which builds the proponent and an opponent, shall not be CONYERS) as well as the gentleman upon our competitive edge. Today, it is subject to amendment, and shall not be sub- from Texas (Mr. GOHMERT), the author my hope that we have delivered. So I ject to a demand for division of the question of this important piece of legislation. in the House or in the Committee of the As I previously noted in my opening ask my colleagues for their full support Whole. All points of order against such of the rule and this underlying bill. amendments are waived. At the conclusion statement for the rule on H.R. 420, the Mr. Speaker, I yield back the balance of consideration of the bill for amendment Lawsuit Abuse Reduction Act of 2005, of my time, and I move the previous the Committee shall rise and report the bill this past month has ushered in the pas- question on the resolution. to the House with such amendments as may sage of very meaningful and very sig- The previous question was ordered. have been adopted. Any Member may de- nificant legislation to reform and The SPEAKER pro tempore (Mr. mand a separate vote in the House on any strengthen our courts both proce- PETRI). The question is on the resolu- amendment adopted in the Committee of the durally and substantively. Today we tion. Whole to the bill or to the committee have an opportunity to strengthen our amendment in the nature of a substitute. The question was taken; and the The previous question shall be considered as courts in a more literal sense by pro- Speaker pro tempore announced that ordered on the bill and amendments thereto tecting them against a rising tide of vi- the ayes appeared to have it. to final passage without intervening motion olence that has harmed and claimed Mr. GINGREY. Mr. Speaker, on that except one motion to recommit with or with- the lives of innocent individuals I demand the yeas and nays. out instructions. charged with enforcing and upholding The yeas and nays were ordered. The SPEAKER pro tempore. The gen- our laws. The SPEAKER pro tempore. Pursu- tleman from Georgia (Mr. GINGREY) is It was only a number of months ago ant to clause 8 of rule XX, further pro- recognized for 1 hour. that tragedy struck the Fulton County ceedings on this question will be post- Mr. GINGREY. Mr. Speaker, for pur- courthouse in Atlanta, my home State poned. poses of debate only, I yield 30 minutes of Georgia. There, as most of America

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25573 watched and sorrowfully remember, on called into question the importance of cluded in H.R. 1751 are over a dozen March 13 a cold-blooded killer took the legal reform in this country to the new mandatory minimum penalties. lives of four innocent people, forever point of insinuating that such reforms Mr. Speaker, we must protect our robbing their families and depriving are not worth this House’s time for judges from harm without impeding our legal system of the distinguished consideration. their judicial independence. It is the service of Fulton County Superior Well, Mr. Speaker, the judicial judges and juries who have the facts of Court Judge Rowland Barnes, age 64; branch affects the lives of every single each case before them, not Congress. his court reporter, Julie Anne Brandau, American and almost every aspect of And it is judges and juries who should age 46; Fulton County Sheriff Deputy American life from conception to nat- be determining the proper and appro- Hoyt Teasley, age 43; and Federal ural death, and sometimes even after priate punishment. agent David Wilhelm, age 40. death. Therefore, I think legal reform Therefore, it should not surprise Mr. Speaker, law and order, not vio- has and will continue to be a very ap- Members that the Judicial Conference lence, should permeate our courts. Ac- propriate matter for consideration and of the United States, the body Congress cordingly, H.R. 1751 would take impor- a good use of this Congress’ time, espe- turns to for nonpartisan recommenda- tant steps to deter and punish those cially when we are dealing with the tions on our Federal judiciary, has ex- who would exact revenge because they safety of those men and women in- pressed a deep opposition to mandatory were caught in a criminal activity. volved with our all-important third minimums on more than a dozen occa- First, this bill will further punish branch of government. sions in its communications to Con- any individual who would seek to influ- Again, Mr. Speaker, I look forward to gress. ence, impede, or retaliate against a the consideration of this rule. I ask my Mr. Speaker, mandatory minimums judge, a prosecutor, a law enforcement colleagues to support it and the under- simply do not work. Rather, they tie officer, or their families by increasing lying bill. the hands of our judges, not allowing the penalties and providing new man- Mr. Speaker, I reserve the balance of them to fit the best punishment to the datory minimums such as 30-years-to- my time. crime. I look forward to the debate on these life mandatory minimum for kidnap- Ms. MATSUI. Mr. Speaker, I yield amendments and the underlying legis- ping. myself such time as I may consume. Additionally, each and every day Mr. Speaker, I thank the gentleman lation. Mr. Speaker, I reserve the balance of men and women in law enforcement from Georgia (Mr. GINGREY) for yield- and public safety across this country my time. ing me this time. Mr. GINGREY. Mr. Speaker, I yield proudly don their uniforms, fully rec- Mr. Speaker, the rule, H. Res. 540, ognizing that they represent their cit- such time as he may consume to the will allow the House to take up legisla- gentleman from California (Mr. ies, States and their country; and they tion to protect Federal judges, court proudly assume a substantial amount DREIER), the chairman of the Rules employees, safety officers, jurors, and Committee. of personal risk to do so. witnesses. Therefore, H.R. 1751 would establish Mr. DREIER. Mr. Speaker, I rise in Unfortunately, we are all aware of as a new category of criminal offense strong support of this rule and the un- the tragic violence committed against the killing, the attempted killing, or derlying legislation. I want to con- judges and their families this year. In conspiracy to kill any public safety of- gratulate my friend from Georgia and one case this past February, Judge ficer for a federally funded public agen- my friend from California for their Joan Lefkow, a Federal judge from cy. This legislation defines ‘‘public management of this issue. Chicago, returned home to find her safety officer’’ as an employee or offi- I would like to say that the rule husband and her mother murdered. We cer of the judiciary, a firefighter, a law itself provides by a 2–1 ratio more later learned it had been a retaliation enforcement officer, or any other State amendments offered by Democrats or local employee. for a earlier court ruling. It is hard to than Republicans. Not every single This bill would also crack down on comprehend such a senseless loss. amendment was made in order, as I see the disclosure on the Internet of per- Clearly, the additional steps we are my friend, Mrs. MCCARTHY, here. I will sonal information of judges, court per- taking today are important to protect say, as we regularly hear people say sonnel, law enforcement and safety of- judges and their family members. H.R. that the amendments the Democrats ficers, jurors, and witnesses. 1751, the Secure Access to Justice and proposed are not given an opportunity Mr. Speaker, I would also like to em- Court Protection Act of 2005, increases to be heard on the floor, by a 2–1 mar- phasize H.R. 1751’s protections for ju- the penalty for assaulting, kidnapping gin, Mr. Speaker, we are seeing amend- rors, witnesses, victims, and inform- or murdering a Federal judge, other ments made in order by Democrats ants. The reality is that criminals or public officials, and their immediate over Republicans. their associates can have the means to family members. Further, the bill ex- Specifically to the concern I know intimidate victims, and especially wit- tends these protections to jurors and will be raised by the gentlewoman from nesses, essentially muscling them out witnesses. New York (Mrs. MCCARTHY), we frankly of the courtroom. Accordingly, this bill For our judicial system to function, upstairs had been under the impression goes a long way to ensuring the safety the authority and safety of our Federal that the language that she and the gen- of witnesses and victims in order to judges must be ensured. Judges, as well tleman from Michigan (Mr. DINGELL) keep their testimony in the court and as jurors, should know they are free to had proceeded through consideration, keep the criminals behind bars. make unbiased and sound decisions and I was wrong on that. I had gotten This legislation expands the current based on the facts and the rule of law some incorrect information. framework between the United States and not on the fear that they may face But I have talked with staff members Marshals Service and the Administra- retaliation for a decision they hand of the Judiciary Committee; and I have tive Office of the United States Courts down. an assurance, and while I know this to facilitate consultation and coopera- It is equally important witnesses amendment will not be made in order tion in the development of security know they will also be secure when tes- today, when it comes to looking at standards and requirements for our tifying. They must know that it is safe background checks and the history of courthouses. It prohibits the possession to do the right thing and testify before individuals, this is a priority that the of a dangerous weapon, including a a court of law. For this reason, I appre- committee will put forward. They have firearm, in a Federal court facility; ciate that the Committee on the Judi- assured me that they will proceed with and it creates opportunities for State ciary included grants to assist States hearings on this issue. I would like to courts to improve security through dis- in operating the witness protection say to my friend from New York who cretionary Byrne grants. programs. will raise concerns about this that is a Mr. Speaker, in recent debates, some However, I do have some significant priority that we have and we hope very of my colleagues have unfortunately reservations about this legislation. In- much to address it.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25574 CONGRESSIONAL RECORD—HOUSE November 9, 2005 Mr. Speaker, I would like to take a cial department within the embassy cluded as part of this very important few minutes to talk about the legisla- here; and we also had representatives court security measure that Mr. GOH- tion itself. I would like to begin by from our Department of Justice. MERT has offered, and I would like to congratulating Chairman SENSEN- Now, our concern has been a terrible name the provisions that are included BRENNER and the gentleman from Texas provision that exists in Mexican law. It calling for making it a Federal crime (Mr. GOHMERT), who as a former judge is actually constitutional, saying that to kill a law enforcement officer in the is obviously concerned about the the Mexican Government refuses to ex- name of Deputy Sheriff David March. threats that have been out there for his tradite a criminal who potentially And I spoke with Sheriff Lee Baca this former colleagues. I believe it is very could face the death penalty, and this morning about that, and I really feel important, when we think about the is something that has existed for a long that we are doing this in the name of importance of the rule of law, which is period of time. Something that was David March to keep the memory of his absolutely essential, absolutely essen- very unfortunate was that in Sep- life alive, the memory alive so that we tial for the success of liberty, ensuring tember of 2001, the Mexican Supreme can send a signal that we are not going the safety of these judges who have Court took steps to say that they re- to tolerate this kind of act in the fu- continued to face threats, is very, very fused to extradite an alleged criminal ture. important for us to do. to a country or a state or a jurisdiction So, Mr. Speaker, we have here, again, Last night in the Rules Committee, that had life imprisonment as the pun- a very important measure included in our colleague from Texas (Mr. SES- ishment because they considered that critical must-pass legislation, and I SIONS) referred to his father who was a to be cruel and unusual punishment. hope that my colleagues will join in judge, and as we all know, former di- Mr. Speaker, it is horrible that they providing bipartisan support for this rector of the Federal Bureau of Inves- have that policy, and we need to do ev- measure. tigation. He talked about those erything we can to change that policy. Ms. MATSUI. Mr. Speaker, I yield 3 threats. He told me repeatedly about We need to encourage the Mexican minutes to the gentlewoman from New the threats that existed. This legisla- Government to change that policy. York (Mrs. MCCARTHY). tion, I believe, that Mr. GOHMERT has Why? This does not have to do with Mrs. MCCARTHY. Mr. Speaker, I put together will go a long way to- something that took place in their thank the gentlewoman for yielding me wards addressing that concern. country. It has to do with a crime per- this time. I would like to talk about a very im- petrated on U.S. soil. So I believe the I am very happy to hear from my col- portant provision that is included in Mexican Government should, in fact, league from California explaining the this bill that enjoys strong bipartisan extradite an alleged criminal who has move last night on not allowing my support. One of the serious problems perpetrated a crime here in the United amendment to be put forth; and I hope with which we are all dealing is the States to face the punishment in the that, working with him and certainly issue of illegal immigration and the jurisdiction where the crime was per- Mr. SENSENBRENNER on the Judiciary problem we have of people who are in petrated. Committee, we can move this bill for- this country. We know 98 percent of So what has happened here, Mr. ward. them are here to simply feed their fam- Speaker, is that we want to ensure that H.R. 1751 goes to great lengths to ilies, but we know there are people we never see happen again what hap- punish those who commit violence in here in this country who perpetrate pened on April 29, 2002. And I should our courthouses, and rightly so. How- crime against our fellow citizens. We add that is not the only instance. We ever, this bill falls short when it comes know there continues to be the exist- all know of many other instances to preventative measures that would ence of a threat that a terrorist could where law enforcement officers have stop these senseless attacks from hap- come here. We know that Mohammed been killed and people have fled the pening in the first place. Atta, one of those who flew a plane country. But this case has become a As was mentioned, last night I of- into the World Trade Center Tower on very prominent one. fered such an amendment in the Rules September 11, 2001, was, in fact, here il- So I was approached by Los Angeles Committee. It would automate the legally. So as we look at the issue of il- County Sheriff Lee Baca, and I was court records into the National Insti- legal immigration, focusing on crimi- joined by my colleague Mr. SCHIFF, tute Background Check System so re- nals and potential terrorists is a very who serves on the Judiciary Com- cently convicted individuals could not high priority. mittee; and we were asked to introduce buy a gun. The reason we want to do One of the worst days for law en- legislation that would make it a Fed- that, basically, is if a person is con- forcement in the Los Angeles County eral crime to kill a law enforcement of- victed and still not going straight to Sheriff’s Department was April 29, 2002. ficer and flee the country. We spent a jail to prevent them from going out That is 31⁄2 years ago. On that day, Dep- great deal of time working with a wide and buying a gun and coming back and uty Sheriff David March was on patrol. range of organizations, and we have doing harm, whether it is to a judge, a He pulled over for a traffic violation an put together a package which I believe family, or a court officer. individual who ended up putting a gun can allow us to do that without im- Many State courts fail to enter this to Deputy March’s head and brutally pinging on the local jurisdiction that data into the NICS System in a timely killing him. we believe district attorneys should manner, if at all. For example, the sub- have in dealing with this issue. It does ject of a restraining order stemming b 1145 not in any way diminish the level of from spousal abuse can leave the court- The alleged killer, Armando Garcia, punishment. But what it does do, Mr. house, go to a gun store, make a pur- fled to Mexico, and it has been 31⁄2 Speaker, is it puts the full force of the chase, and seek revenge on the court years, and we have not resolved that Federal Government behind an effort officers. case. to ensure that we do not have happen My amendment would require that Within just a few weeks of that April again what happened on April 29 of court rulings be immediately entered 29 killing in 2002, upstairs in the Rules 2002. into the NICS System. It would provide Committee I convened a meeting of my One of the things that I believe is im- grants to State courts that do not have colleagues, BUCK MCKEON, who rep- portant is to recognize that there are the resources to comply. But my resented the March family; KEN CAL- families that have suffered, and I have amendment was the only amendment VERT, who was very involved in this had the opportunity, through Sheriff not to be accepted by the Rules Com- issue and concerned about it. On the Baca and through others, to get to mittee, and we heard that wrong infor- other side of the aisle, HOWARD BERMAN know the family members of Deputy mation had been given to Mr. DREIER, and ADAM SCHIFF, and we also had at Sheriff David March. So, Mr. Speaker, and I accept that. Those things happen. that meeting, Mr. Speaker, representa- H.R. 3900 is the legislation that ADAM All of us here want to save lives. I tives from the Mexican Embassy’s judi- SCHIFF and I introduced, and it is in- mean, that is what we want to do. We

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25575 want to protect our men and women in ANNOUNCEMENT BY THE SPEAKER Gillmor Lynch Rohrabacher uniform. We want to protect our court PRO TEMPORE Gingrey Mack Ros-Lehtinen Gohmert Maloney Ross officers, our judges. This amendment The SPEAKER pro tempore. Pursu- Gonzalez Manzullo Rothman certainly could have helped that. It ant to clause 8 of rule XX, proceedings Goode Marchant Roybal-Allard Goodlatte Markey would have made a good bill, in my will resume on questions previously Royce opinion, a better bill. Gordon Marshall Ruppersberger postponed. Granger Matheson Rush So with that I hope that we will be Votes will be taken in the following Graves Matsui Ryan (OH) here down the road soon, be able to order: Green (WI) McCarthy Ryan (WI) Green, Al McCaul (TX) offer my full bill because, again, this House Resolution 539, by the yeas and Ryun (KS) does not infringe on second amendment Green, Gene McCollum (MN) Sabo nays; Grijalva McCotter Salazar rights. It is there to protect people. It House Resolution 538, by the yeas and Gutierrez McCrery Sa´ nchez, Linda is there to save lives, and that is my nays; Gutknecht McDermott T. goal. Hall McGovern Sanchez, Loretta House Resolution 540, by the yeas and Harman McHenry Ms. MATSUI. Mr. Speaker, I have no Sanders nays. Harris McHugh Saxton further requests for time, and I yield The first electronic vote will be con- Hart McIntyre Schakowsky back the balance of my time. ducted as a 15-minute vote. Remaining Hastings (WA) McKeon Schiff Mr. GINGREY. Mr. Speaker, I would Hayes McKinney Schmidt electronic votes will be conducted as 5- Hayworth McMorris like to close in celebration of the men Schwartz (PA) minute votes. Hefley McNulty Schwarz (MI) and women who put their lives on the Hensarling Meehan Scott (GA) line every day, whether by working the f Herger Meek (FL) Scott (VA) beat, extinguishing a four-alarm fire, Herseth Meeks (NY) Sensenbrenner Higgins Melancon or ensuring equal justice under the law WAIVING POINTS OF ORDER Serrano AGAINST CONFERENCE REPORT Hinchey Menendez Sessions by means of the gavel. Hinojosa Mica ON H.R. 2419, ENERGY AND Shadegg As I mentioned earlier, when these Hobson Michaud Shaw WATER DEVELOPMENT APPRO- Hoekstra Miller (FL) individuals put on their uniforms, they Shays PRIATIONS ACT, 2006 Holden Miller (MI) Sherman become representatives of the commu- Holt Miller (NC) The SPEAKER pro tempore. The Sherwood nity in service of the community. They Honda Miller, Gary Shimkus are not enforcing their own will; but pending business is the vote on adop- Hooley Miller, George Shuster they are, rather, seeking guidance from tion of House Resolution 539 on which Hostettler Mollohan Simmons Hoyer Moore (KS) Simpson and working to uphold the laws of the the yeas and nays are ordered. Hulshof Moore (WI) The Clerk read the title of the resolu- Skelton land. Hunter Moran (KS) Slaughter Mr. Speaker, while there are some in- tion. Hyde Moran (VA) Smith (NJ) dividuals who are occasionally accused The SPEAKER pro tempore. The Inglis (SC) Murphy Smith (TX) Inslee Murtha Smith (WA) of abusing their power, the vast major- question is on the resolution. Israel Musgrave The vote was taken by electronic de- Snyder ity, the vast majority, of these civil Issa Myrick Sodrel servants are only doing their job admi- vice, and there were—yeas 412, nays 2, Istook Nadler Souder not voting 19, as follows: Jackson (IL) Napolitano Spratt rably; and, therefore, there is abso- Jackson-Lee Neal (MA) lutely no justification for an accused [Roll No. 577] Stark (TX) Neugebauer Stearns or guilty individual to ever attach YEAS—412 Jefferson Ney Stupak their anger to or seek revenge against Jenkins Northup Sullivan Abercrombie Burton (IN) DeFazio Nunes Jindal Tancredo these individuals who are only doing Ackerman Butterfield DeGette Johnson (CT) Nussle Aderholt Buyer Delahunt Tanner their duty. Johnson (IL) Oberstar Akin Calvert DeLauro Tauscher Johnson, E. B. Obey Unfortunately, the increase of vio- Alexander Camp DeLay Taylor (MS) Johnson, Sam Olver lent activities against judges, and we Allen Cannon Dent Taylor (NC) Jones (NC) Ortiz Andrews Cantor Diaz-Balart, M. Terry talked about that here during this Kanjorski Osborne Baca Capito Dicks Thomas hour, court officers, witnesses, victims, Kaptur Otter Bachus Capps Dingell Thompson (CA) Keller Owens and law enforcement has made this bill Baird Capuano Doggett Thompson (MS) Kelly Oxley Baker Cardin Doolittle Thornberry not only necessary but also a top pri- Kennedy (MN) Pallone Baldwin Cardoza Doyle Tiahrt ority in the preservation of our system Kennedy (RI) Pascrell Barrett (SC) Carnahan Drake Pastor Tiberi of law and justice. Barrow Carson Dreier Kildee Paul Tierney Mr. Speaker, I look forward to the Bartlett (MD) Carter Duncan Kind King (IA) Payne Towns discussion of H.R. 1751 and the numer- Barton (TX) Case Edwards Udall (CO) Bass Castle Ehlers King (NY) Pearce ous amendments this rule has made in Kingston Pelosi Udall (NM) Bean Chabot Emanuel Upton order. As always, I urge my colleagues Beauprez Chandler Emerson Kirk Pence Kline Peterson (MN) Van Hollen to support the rule and the underlying Becerra Chocola Engel Vela´ zquez Berry Clay English (PA) Knollenberg Peterson (PA) bill. Kolbe Petri Visclosky Biggert Cleaver Eshoo Walden (OR) Mr. Speaker, I have no further re- Bilirakis Clyburn Kucinich Pickering Etheridge Wamp Bishop (GA) Coble Evans Kuhl (NY) Pitts quests for time, I yield back the bal- Wasserman Bishop (NY) Cole (OK) Everett LaHood Platts ance of my time, and I move the pre- Schultz Bishop (UT) Conyers Farr Langevin Poe Waters vious question on the resolution. Blackburn Cooper Fattah Lantos Pombo Watson The previous question was ordered. Blunt Costa Feeney Larsen (WA) Pomeroy Watt Boehlert Costello Ferguson Larson (CT) Price (GA) The SPEAKER pro tempore (Mr. Waxman Boehner Cramer Filner Latham Price (NC) PETRI). The question is on the resolu- Bonilla Crenshaw Fitzpatrick (PA) LaTourette Pryce (OH) Weiner tion. Bonner Crowley Flake Leach Putnam Weldon (FL) The question was taken; and the Bono Cubin Foley Lee Radanovich Weldon (PA) Boozman Cuellar Forbes Levin Rahall Weller Speaker pro tempore announced that Boren Culberson Ford Lewis (CA) Ramstad Westmoreland the ayes appeared to have it. Boucher Cummings Fortenberry Lewis (GA) Rangel Wexler Mr. GINGREY. Mr. Speaker, on that Boustany Cunningham Foxx Lewis (KY) Regula Whitfield I demand the yeas and nays. Boyd Davis (AL) Frank (MA) Linder Rehberg Wicker Bradley (NH) Davis (CA) Franks (AZ) Lipinski Reichert Wilson (NM) The yeas and nays were ordered. Brady (PA) Davis (IL) Frelinghuysen LoBiondo Renzi Wilson (SC) The SPEAKER pro tempore. Pursu- Brady (TX) Davis (KY) Gallegly Lofgren, Zoe Reyes Wolf ant to clause 8 of rule XX, further pro- Brown (OH) Davis (TN) Garrett (NJ) Lowey Reynolds Woolsey Brown (SC) Davis, Jo Ann Gerlach Lucas Rogers (AL) Wu ceedings on this question will be post- Brown, Corrine Davis, Tom Gibbons Lungren, Daniel Rogers (KY) Wynn poned. Burgess Deal (GA) Gilchrest E. Rogers (MI) Young (AK)

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25576 CONGRESSIONAL RECORD—HOUSE November 9, 2005 NAYS—2 English (PA) Langevin Pomeroy Weiner Wexler Wolf Eshoo Lantos Porter Weldon (FL) Whitfield Woolsey Berkley Porter Etheridge Larsen (WA) Price (GA) Weldon (PA) Wicker Wu NOT VOTING—19 Evans Larson (CT) Price (NC) Weller Wilson (NM) Wynn Everett Latham Pryce (OH) Westmoreland Wilson (SC) Young (AK) Berman Diaz-Balart, L. Norwood Farr LaTourette Putnam Blumenauer Fossella Solis Fattah Leach Radanovich NOT VOTING—23 Boswell Hastings (FL) Strickland Feeney Lee Rahall Berman Gonzalez Solis Brown-Waite, Jones (OH) Sweeney Ferguson Levin Ramstad Boswell Hastings (FL) Stark Ginny Kilpatrick (MI) Turner Filner Lewis (CA) Rangel Brown-Waite, Jefferson Strickland Conaway Millender- Walsh Fitzpatrick (PA) Lewis (GA) Regula Ginny Jenkins Davis (FL) McDonald Young (FL) Sweeney Flake Lewis (KY) Rehberg Conaway Jones (OH) Turner Foley Linder Reichert Davis (FL) Kilpatrick (MI) Walsh b 1220 Forbes Lipinski Renzi Diaz-Balart, L. Millender- Young (FL) Ms. VELA´ ZQUEZ changed her vote Ford LoBiondo Reyes Emanuel McDonald Fortenberry Lofgren, Zoe Reynolds Fossella Norwood from ‘‘nay’’ to ‘‘yea.’’ Foxx Lowey Rogers (AL) So the resolution was agreed to. Frank (MA) Lucas Rogers (KY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The result of the vote was announced Franks (AZ) Lungren, Daniel Rogers (MI) The SPEAKER pro tempore (during Frelinghuysen E. Rohrabacher as above recorded. Gallegly Lynch Ros-Lehtinen the vote). Members are advised that A motion to reconsider was laid on Garrett (NJ) Mack Ross there are 2 minutes remaining in this the table. Gerlach Maloney Rothman vote. Stated for: Gibbons Manzullo Roybal-Allard Gilchrest Marchant Royce b 1229 Ms. SOLIS. Mr. Speaker, during rollcall vote Gillmor Markey Ruppersberger No. 577 on H. Res. 539 I was unavoidably de- Gingrey Marshall Rush So the resolution was agreed to. tained. Had I been present, I would have Gohmert Matheson Ryan (OH) The result of the vote was announced Goode Matsui Ryan (WI) as above recorded. voted ‘‘yea.’’ Goodlatte McCarthy Ryun (KS) A motion to reconsider was on the f Gordon McCaul (TX) Sabo Granger McCollum (MN) Salazar table. WAIVING POINTS OF ORDER Graves McCotter Sa´ nchez, Linda Stated for: Green (WI) McCrery T. AGAINST CONFERENCE REPORT Green, Al McDermott Sanchez, Loretta Ms. SOLIS. Mr. Speaker, during rollcall vote ON H.R. 2862, SCIENCE, STATE, Green, Gene McGovern Sanders No. 578 on H. Res. 538, I was unavoidably JUSTICE, COMMERCE, AND RE- Grijalva McHenry Saxton detained. Had I been present, I would have Gutierrez McHugh Schakowsky voted ‘‘yea.’’ LATED AGENCIES APPROPRIA- Gutknecht McIntyre Schiff TIONS ACT, 2006 Hall McKeon Schmidt f The SPEAKER pro tempore (Mr. Harman McKinney Schwartz (PA) Harris McMorris Schwarz (MI) PROVIDING FOR CONSIDERATION ISSA). The pending business is the vote Hart McNulty Scott (GA) OF H.R. 1751, SECURE ACCESS TO Hastings (WA) Meehan Scott (VA) on adoption of House Resolution 538 on JUSTICE AND COURT PROTEC- which the yeas and nays are ordered. Hayes Meek (FL) Sensenbrenner Hayworth Meeks (NY) Serrano TION ACT OF 2005 The Clerk read the title of the resolu- Hefley Melancon Sessions tion. Hensarling Menendez Shadegg The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The Herger Mica Shaw ISSA). The pending business is the vote Herseth Michaud Shays on the adoption of House Resolution question is on the resolution. Higgins Miller (FL) Sherman This will be a 5-minute vote. Hinchey Miller (MI) Sherwood 540 on which the yeas and nays are or- The vote was taken by electronic de- Hinojosa Miller (NC) Shimkus dered. vice, and there were—yeas 410, nays 0, Hobson Miller, Gary Shuster The Clerk read the title of the resolu- Hoekstra Miller, George Simmons tion. not voting 23, as follows: Holden Mollohan Simpson [Roll No. 578] Holt Moore (KS) Skelton The SPEAKER pro tempore. The Honda Moore (WI) Slaughter question is on the resolution. YEAS—410 Hooley Moran (KS) Smith (NJ) This will be a 5-minute vote. Abercrombie Boucher Costa Hostettler Moran (VA) Smith (TX) Ackerman Boustany Costello Hoyer Murphy Smith (WA) The vote was taken by electronic de- Aderholt Boyd Cramer Hulshof Murtha Snyder vice, and there were—yeas 412, nays 0, Akin Bradley (NH) Crenshaw Hunter Musgrave Sodrel not voting 21, as follows: Alexander Brady (PA) Crowley Hyde Myrick Souder Allen Brady (TX) Cubin Inglis (SC) Nadler Spratt [Roll No. 579] Andrews Brown (OH) Cuellar Inslee Napolitano Stearns YEAS—412 Baca Brown (SC) Culberson Israel Neal (MA) Stupak Abercrombie Boehlert Carnahan Bachus Brown, Corrine Cummings Issa Neugebauer Sullivan Aderholt Boehner Carson Baird Burgess Cunningham Istook Ney Tancredo Akin Bonilla Carter Baker Burton (IN) Davis (AL) Jackson (IL) Northup Tanner Alexander Bonner Case Baldwin Butterfield Davis (CA) Jackson-Lee Nunes Tauscher Allen Bono Castle Barrett (SC) Buyer Davis (IL) (TX) Nussle Taylor (MS) Andrews Boozman Chabot Barrow Calvert Davis (KY) Jindal Oberstar Taylor (NC) Baca Boren Chandler Bartlett (MD) Camp Davis (TN) Johnson (CT) Obey Terry Bachus Boucher Chocola Barton (TX) Cannon Davis, Jo Ann Johnson (IL) Olver Thomas Baird Boustany Clay Bass Cantor Davis, Tom Johnson, E. B. Ortiz Thompson (CA) Baker Boyd Cleaver Bean Capito Deal (GA) Johnson, Sam Osborne Thompson (MS) Baldwin Bradley (NH) Clyburn Beauprez Capps DeFazio Jones (NC) Otter Thornberry Barrett (SC) Brady (PA) Coble Becerra Capuano DeGette Kanjorski Owens Tiahrt Barrow Brady (TX) Cole (OK) Berkley Cardin Delahunt Kaptur Oxley Tiberi Bartlett (MD) Brown (OH) Conyers Berry Cardoza DeLauro Keller Pallone Tierney Barton (TX) Brown (SC) Cooper Biggert Carnahan DeLay Kelly Pascrell Towns Bass Brown, Corrine Costa Bilirakis Carson Dent Kennedy (MN) Pastor Udall (CO) Bean Burgess Costello Bishop (GA) Carter Diaz-Balart, M. Kennedy (RI) Paul Udall (NM) Beauprez Burton (IN) Cramer Bishop (NY) Case Dicks Kildee Payne Upton Becerra Butterfield Crenshaw Bishop (UT) Castle Dingell Kind Pearce Van Hollen Berkley Buyer Crowley Blackburn Chabot ´ Doggett King (IA) Pelosi Velazquez Berry Calvert Cubin Blumenauer Chandler Doolittle King (NY) Pence Visclosky Biggert Camp Cuellar Blunt Chocola Doyle Kingston Peterson (MN) Walden (OR) Bilirakis Cannon Culberson Boehlert Clay Drake Kirk Peterson (PA) Wamp Bishop (GA) Cantor Cummings Boehner Cleaver Dreier Kline Petri Wasserman Bishop (NY) Capito Cunningham Bonilla Clyburn Duncan Knollenberg Pickering Schultz Bishop (UT) Capps Davis (AL) Bonner Coble Edwards Kolbe Pitts Waters Blackburn Capuano Davis (CA) Bono Cole (OK) Ehlers Kucinich Platts Watson Blumenauer Cardin Davis (IL) Boozman Conyers Emerson Kuhl (NY) Poe Watt Blunt Cardoza Davis (KY) Boren Cooper Engel LaHood Pombo Waxman

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25577 Davis (TN) Jenkins Nussle Tauscher Upton Weldon (PA) marks and include tabular and extra- Davis, Tom Jindal Oberstar Taylor (MS) Van Hollen Weller neous material on the conference re- Deal (GA) Johnson (CT) Obey Taylor (NC) Vela´ zquez Westmoreland DeFazio Johnson (IL) Olver Terry Visclosky Wexler port to accompany H.R. 2419. DeGette Johnson, E. B. Ortiz Thomas Walden (OR) Whitfield The SPEAKER pro tempore. Is there Delahunt Johnson, Sam Osborne Thompson (CA) Wamp Wicker objection to the request of the gen- DeLauro Jones (NC) Otter Thompson (MS) Wasserman Wilson (NM) tleman from Ohio? DeLay Kanjorski Owens Thornberry Schultz Wilson (SC) Dent Kaptur Oxley Tiahrt Waters There was no objection. Wolf Diaz-Balart, L. Keller Pallone Tiberi Watson Woolsey f Diaz-Balart, M. Kelly Pascrell Tierney Watt Wu Dicks Kennedy (MN) Pastor Towns Waxman CONFERENCE REPORT ON H.R. 2419, Wynn Dingell Kennedy (RI) Paul Udall (CO) Weiner ENERGY AND WATER DEVELOP- Doggett Kildee Payne Udall (NM) Weldon (FL) Young (AK) Doolittle Kind Pearce MENT APPROPRIATIONS ACT, Doyle King (IA) Pelosi NOT VOTING—21 2006 Drake King (NY) Pence Ackerman Emanuel Norwood Mr. HOBSON. Mr. Speaker, pursuant Dreier Kingston Peterson (MN) Berman Fossella Solis to House Resolution 539, I call up the Duncan Kirk Peterson (PA) Boswell Gonzalez Strickland Edwards Kline Petri Brown-Waite, Hastings (FL) Sweeney conference report on the bill (H.R. 2419) Ehlers Knollenberg Pickering Ginny Jones (OH) Turner making appropriations for energy and Emerson Kolbe Pitts Conaway Kilpatrick (MI) Walsh Engel Kucinich Platts water development for the fiscal year Davis (FL) Millender- Young (FL) English (PA) Kuhl (NY) Poe Davis, Jo Ann McDonald ending September 30, 2006, and for Eshoo LaHood Pombo other purposes. Etheridge Langevin Pomeroy ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The Clerk read the title of the bill. Evans Lantos Porter The SPEAKER pro tempore (during Everett Larsen (WA) Price (GA) The SPEAKER pro tempore. Pursu- Farr Larson (CT) Price (NC) the vote). Members are advised that 2 ant to House Resolution 539, the con- Fattah Latham Pryce (OH) minutes remain in this vote. ference report is considered read. Feeney LaTourette Putnam b 1238 (For conference report and state- Ferguson Leach Radanovich ment, see proceedings of the House of Filner Lee Rahall So the resolution was agreed to. Fitzpatrick (PA) Levin Ramstad November 7, 2005, at page H9813.) Flake Lewis (CA) Rangel The result of the vote was announced The SPEAKER pro tempore. The gen- Foley Lewis (GA) Regula as above recorded. tleman from Ohio (Mr. HOBSON) and the Forbes Lewis (KY) Rehberg A motion to reconsider was laid on Ford Linder Reichert gentleman from Indiana (Mr. VIS- Fortenberry Lipinski Renzi the table. CLOSKY) each will control 30 minutes. Foxx LoBiondo Reyes Ms. SOLIS. Mr. Speaker, during rollcall vote The Chair recognizes the gentleman Frank (MA) Lofgren, Zoe Reynolds No. 579 on H. Res. 540 I was unavoidably de- from Ohio (Mr. HOBSON). Franks (AZ) Lowey Rogers (AL) Mr. HOBSON. Mr. Speaker, I yield Frelinghuysen Lucas Rogers (KY) tained. Had I been present, I would have Gallegly Lungren, Daniel Rogers (MI) voted ‘‘yea.’’ myself such time as I may consume. Garrett (NJ) E. Rohrabacher f Mr. Speaker, I am pleased to present Gerlach Lynch Ros-Lehtinen to the House today the conference re- Gibbons Mack Ross MESSAGE FROM THE SENATE Gilchrest Maloney Rothman port on H.R. 2419, the Energy and Gillmor Manzullo Roybal-Allard A message from the Senate by Ms. Water Development Appropriations Act Gingrey Marchant Royce Curtis, one of its clerks, announced for Fiscal Year 2006. Gohmert Markey Ruppersberger The amount of funding included in Goode Marshall Rush that the Senate has passed without Goodlatte Matheson Ryan (OH) amendment bills of the House of the the Energy and Water conference Gordon Matsui Ryan (WI) following titles: agreement is $30.5 billion. This rep- Granger McCarthy Ryun (KS) resents an increase of $663 million over H.R. 2490. An act to designate the facility Graves McCaul (TX) Sabo the enacted level for fiscal year 2005, Green (WI) McCollum (MN) Salazar of the United States Postal Service located Green, Al McCotter Sa´ nchez, Linda at 442 West Hamilton Street, Allentown, including supplementals and approxi- Green, Gene McCrery T. Pennsylvania, as the ‘‘Mayor Joseph S. mately $748 million over the budget re- Grijalva McDermott Sanchez, Loretta Daddona Memorial Post Office’’. quests. Much of this increase is dedi- Gutierrez McGovern Sanders H.R. 3339. An act to designate the facility cated to the Civil Works program of Gutknecht McHenry Saxton of the United States Postal Service located Hall McHugh Schakowsky the Corps of Engineers with the Corps Harman McIntyre Schiff at 2061 South Park Avenue in Buffalo, New receiving approximately $1 billion over Harris McKeon Schmidt York, as the ‘‘James T. Molloy Post Office the budget request. Hart McKinney Schwartz (PA) Building’’. Hastings (WA) McMorris Schwarz (MI) The recent hurricanes have taught us Hayes McNulty Scott (GA) The message also announced that the a hard lesson about the dangers of ne- Hayworth Meehan Scott (VA) Senate has passed with amendments in glecting the water resources infra- Hefley Meek (FL) Sensenbrenner which the concurrence of the House is structure in this country. We have to Hensarling Meeks (NY) Serrano requested, a bill of the House of the fol- Herger Melancon Sessions make sure we provide sufficient funds Herseth Menendez Shadegg lowing title: to address the most pressing water re- Higgins Mica Shaw H.R. 797. An act to amend the Native source needs in this country, and we Hinchey Michaud Shays American Housing Assistance and Self-De- Hinojosa Miller (FL) Sherman have to make sure that the Corps fol- termination Act of 1996 and other Acts to lows the spending guides provided by Hobson Miller (MI) Sherwood improve housing programs for Indians. Hoekstra Miller (NC) Shimkus Congress in executing those projects. Holden Miller, Gary Shuster The message also announced that the We have focused on funding on the Holt Miller, George Simmons Senate concurs in the amendments of Honda Mollohan Simpson most important flood control, naviga- Hooley Moore (KS) Skelton the House to the text and title of the tion and dam safety projects and on Hostettler Moore (WI) Slaughter bill (S. 1713) ‘‘An Act to make amend- completing projects that are already Hoyer Moran (KS) Smith (NJ) ments to the Iran Nonproliferation Act under way. That means that our con- Hulshof Moran (VA) Smith (TX) Hunter Murphy Smith (WA) of 2000 related to International Space ference report includes only a limited Hyde Murtha Snyder Station payments.’’. number of new starts and project au- Inglis (SC) Musgrave Sodrel f thorizations. Inslee Myrick Souder Our conference agreement imposes Israel Nadler Spratt GENERAL LEAVE Issa Napolitano Stark stricter controls on the Corps over Istook Neal (MA) Stearns Mr. HOBSON. Mr. Speaker, I ask reprogrammings and continuing con- Jackson (IL) Neugebauer Stupak unanimous consent that all Members tracts. Within the Department of En- Jackson-Lee Ney Sullivan (TX) Northup Tancredo may have 5 legislative days within ergy, our conference agreement pro- Jefferson Nunes Tanner which to revise and extend their re- vides health funding levels for the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25578 CONGRESSIONAL RECORD—HOUSE November 9, 2005 major DOE programs. We advance ini- tunately, the Corps was unable to provide us amount, $157.4 million represents the cleanup tiatives on the recycling of spent nu- with anything other than the list of projects of facilities of the National Nuclear Security clear fuel and on the Reliable Replace- contained in the budget request, so we gen- Administration (NNSA), initially proposed in ment Warhead, and we keep critical erally funded those critical flood control and the budget request for transfer from Environ- projects such as the Yucca Mountain navigation projects at the full amount of the re- mental Management to the NNSA. The con- Repository and the National Ignition quest. ference report provides $526 million for the Facility and the Mixed Oxide Fuel Fab- As in previous years, we also limit the num- Hanford Waste Treatment and Immobilization rication Facility moving forward. ber of new starts and the number of project Plant, a decrease of $100 million from the re- I really want to thank all my col- authorizations contained in this conference quest. leagues on the Energy and Water Sub- agreement. However, the most significant The conference agreement provides $3.633 committee and in the Senate. I espe- change is not in the funding levels or the indi- billion for the DOE Office of Science, an in- cially want to extend my appreciation vidual projects, but rather in the way the crease of $33 million over the current year to my ranking member and partner in Corps manages those funds and executes and $170 million over the request. This this venture, the gentleman from Indi- those projects. The Corps has operated its amount includes an additional $30 million for ana (Mr. VISCLOSKY). He has been an Civil Works program with a large amount of advanced scientific computing, to accelerate exceptional partner in this effort, and I flexibility in the past, with the freedom to move the development of a leadership-class super- believe we are both proud of this very funding around from project to project. Unfor- computer for scientific applications. bipartisan bill. I also want to thank tunately, that practice got out of hand, to For nuclear waste disposal activities, the the staff on both sides of the aisle for where the Corps was executing 20,000 conference agreement provides a total of $500 their outstanding work this past year. reprogrammings a year for a workload of only million, including $450 million for work on the I urge the unanimous support of the 2,000 projects. That is not sound financial Yucca Mountain repository and $50 million to House for the adoption of the con- management. initiate planning and a competitive site selec- ference report. The problem was compounded by the tion process for one or more integrated spent Mr. Speaker, I am pleased to present to the Corps’ excessive reliance on continuing con- fuel recycling facilities. It is essential to con- House today the conference report on H.R. tracts, whereby the Corps can commit the tinue development of the Yucca Mountain re- 2419, the Energy and Water Development Ap- Federal government to multi-year contracts in pository, but it is also essential to pursue alter- propriations Act for fiscal year 2006. advance of having sufficient appropriations in native approaches to spent nuclear fuel so The total amount of funding included in the hand. These two practices, reprogrammings that we do not have to develop eight more re- Energy and Water conference agreement is and continuing contracts, meant that the positories by the end of this century. $30.5 billion. This represents an increase of Corps was playing a shell game with the fund- The conference agreement provides a total $663 million over the enacted level for fiscal ing we appropriated, moving money around of $9.2 billion for the National Nuclear Security year 2005, including supplementals, and ap- from project to project to cover obligations Administration (NNSA), an increase of $217 proximately $748 million over the budget re- they had made in excess of available appro- million over the current year but a decrease of quest. priations. $201 million from the request. This decrease Title I of this conference report provides Our conference agreement brings that prac- compared to the request results largely from funding for the Civil Works program of the tice to an end, by imposing stricter controls the cleanup responsibilities for NNSA sites U.S. Army Corps of Engineers and for the over reprogrammings and continuing con- and facilities, which were proposed in the Corps’ Formerly Utilized Sites Remedial Action tracts. We put a lot of effort into negotiating budget request for transfer to the NSSA but Program. The conference agreement provides sound allocations for water projects, and we were retained in Environmental Management the Corps with $5.4 billion in fiscal year 2006, expect the Corps to abide by those allocations in the conference agreement. slightly below the current year when last in the future. The conference agreement does not include year’s emergency supplemental appropriations Funding for Title II of the bill, which includes funding for the Robust Nuclear Earth Pene- are considered, but approximately $1 billion the Central Utah Project Completion Account trator but provides significant increases for the over the budget request. and the programs of the Bureau of Reclama- development of the Reliable Replacement The recent hurricanes in September and tion, is $1.065 billion, $47 million above the Warhead. Additional resources are provided to October should serve as a long-overdue amount appropriated last year and $114 mil- accelerate the consolidation of special nuclear wakeup call to both Congress and the Corps lion above the budget request. materials into a smaller number of secure of Engineers about the importance of water re- Total funding for Title III, the Department of sites, and to accelerate dismantlement of ob- sources infrastructure in this country. We have Energy is $24.29 billion, $129 million above solete nuclear weapons. The conference to make sure that we provide sufficient funds fiscal year 2005 and $77 million below the agreement includes the requested amount of to address the most pressing water resource budget request. funding for construction of the National Ignition needs in this country, and we have to make Our conference agreement provides healthy Facility. sure that the Corps follows the spending guid- funding levels for the major Department of En- Defense Nuclear Nonproliferation activities ance provided by Congress. We have to fund ergy programs. Energy Supply and Conserva- are funded at $1.6 billion, an increase of $138 the right projects, we have to make sure the tion is funded at $1.83 billion, an increase of million over the current year and $6 million Corps completes those projects in a timely $24 million over the current year and $81 mil- below the request. This amount includes suffi- manner, and we have to make sure those lion over the request. This amount includes cient funds for the Mixed Oxide Fuel Fabrica- projects perform as intended. significant increases in weatherization assist- tion Facility at Savannah River to proceed into To that end, our top priority in this con- ance and research on nuclear energy and construction in fiscal year 2006. ference was to provide additional funding for electricity transmission and distribution. Fossil Funding for Title IV, Independent Agencies, essential water projects around the country. Of Energy research and development programs is $271.1 million, a decrease of $18.2 million the additional $749 million that was available are funded at $598 million, an increase of from last year and an increase of $36.9 million to our conference over the amount requested $107 million over the request. This amount in- above the budget request. We have funded by the Administration, we dedicated $634 mil- cludes $18 million for FutureGen and $50 mil- the Appalachian Regional Commission at lion of that increase to the Corps of Engineers. lion for the Clean Coal Power Initiative. $65.5 million, the same as the request. The As we have done in the last several fiscal Non-defense environmental cleanup activi- Delta Regional Authority is funded at $12 mil- years, we have attempted to focus those re- ties are funded at $353 million, an increase of lion, an increase of $6 million over the request sources on the Nation’s top water resources $3.3 million over the request. The Uranium and over the current year. The conference priorities. That means that we apply funds to Enrichment Decontamination and Decommis- agreement provides $50 million for the Denali projects that can be completed in fiscal year sioning Fund receives $562.3 million, an in- Commission, a decrease of $16 million below 2006. We asked the Corps to use its profes- crease of $67 million over the current year the current year and $47 million over the sional engineering judgment to provide us with and a decrease of $29 million below the re- budget request. The conference agreement a list of the top ten priority flood control needs quest. Defense Environmental Cleanup pro- provides $734 million for salaries and ex- around the country, and a list of the top ten grams are funded at $6.19 billion, an increase penses of the Nuclear Regulatory Commission navigation infrastructure needs as well. Unfor- of $177 million over the request. Of this (NRC), an increase of $77 million over the

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Hopefully the increased security assessments. tunity to support my chairman on Administration will now understand the level of I want to thank my Senate counterpart, these issues. investment needed and submit a budget for Chairman PETE DOMENICI, and his ranking mi- b 1245 FY 2007 that sustains and extends this invest- nority Member, Senator HARRY REID, for their ment level for the water infrastructure of our hard work during this conference. I especially The conferees were given an alloca- Nation. want to extend my appreciation to my ranking tion of $749 million larger than was An additional top priority within the Energy member, the Honorable PETE VISCLOSKY of In- available when the House developed its and Water appropriations is nuclear non- diana, who was at my side during this entire bill back in the spring. The tragic proliferation. While the overall level included in process. I truly value his support and advice, events that resulted from the hurri- the conference agreement is slightly below the and that of all the Members of our Energy and canes demonstrated that our Nation request, considerable funds have been shifted Water Subcommittee. I believe we are all has crying needs in the areas served by from a construction project with major unspent proud of this bipartisan product. the program of the corps, and we have balances to support of high priority programs Mr. Speaker, before I conclude I would also devoted the increased funds to meet to help Russia protect and control its nuclear like to thank the staff for their help in shep- these needs along the Gulf of Mexico weapons material. The Russian side has sig- herding this bill through the House and and across the Nation. naled strong willingness in this area, and bu- through conference with the Senate. The Sub- Mr. Speaker, I ask for my colleagues’ reaucratic obstacles in the U.S. have been re- committee staff includes Kevin Cook, John support of this conference agreement. moved. We must seize this opportunity for the Blazey, Scott Burnison, Terry Tyborowski, Mr. Speaker, I recommend that all members increased safety of us all. Tracy LaTurner, and our detailee from the join me in supporting this conference agree- Alas, this conference agreement is limited Corps of Engineers, Taunja Berquam. I also ment. Its preparation has been bipartisan and by an overall constraint forced by allocation. want to thank Kenny Kraft of my staff, and the Chairman has been fair throughout its rep- Four fifths of the Energy and Water funding Dixon Butler of the minority staff, and Peder aration. I would add my appreciation to the goes to the Department of Energy, but energy research, development and demonstration is Maarbjerg and Felicia Kirksey of Mr. VIS- staff led on the majority side by Kevin Cook. only 10% of the Department. The cost of gas- CLOSKY’s staff. He is joined by Terry Tyborowski, John I urge the unanimous support of the House Blazey, Scott Burnison, and Tracy LaTurner. oline, natural gas, and home heating oil have exploded over the past 18 months. Only the for adoption of this conference report. They are a strong team. On the minority staff, Mr. Speaker, I reserve the balance of I would thank Dixon Butler. This year we have Federal Government can invest in the long- my time. two of the finest detailees ever from the Army term R&D needed and stimulate demonstra- Mr. VISCLOSKY. Mr. Speaker, I Corps: Taunja Berquam helping the majority tion and deployment of new technologies yield myself such time as I may con- and Felicia Kirksey helping the minority. I through partnerships with the private sector. When our Nation faced high costs and un- sume. would also thank Kenny Kraft on Chairman certain supplies for energy in the mid-1970s, Mr. Speaker, I recommend that all HOBSON’S staff and Peder Maarbjerg on my President Carter and Congress, made major Members join me in supporting this staff. investments in energy conservation and re- conference agreement. Its presentation Conference negotiations this year were pro- newable energy along with unconventional has been bipartisan, and the chairman tracted and their favorable resolution required sources of fossil fuels were funded. A com- has been fair throughout his prepara- both patience and firmness in pushing for parable response today would require quad- tion. I would also join the chairman in positive reforms of the Corps of Engineers rupling our support for renewable energy and adding my appreciation to the staff led management practices. I want to thank Chair- doubling our support for conservation R&D at on the majority side by Kevin Cook. He man LEWIS and Ranking Member OBEY for DOE. As a start, Democrats advocated for is joined by Terry Tyborowski, John their steadfast support in getting this done. creation of an energy independence fund of Blazey, Scott Burnison and Tracy As I said in remarks earlier in the year, one-quarter billion dollars of new money at Chairman HOBSON has led our subcommittee LaTurner. They are a very strong DOE at the time the House considered the to take a long-term perspective on a number team. Energy and Water appropriations bill. On the minority staff, I would like to of important issues and this is resulting in The prosperity of our Nation is built in part thank Dixon Butler. This year we have some profound and positive changes, includ- on preeminence in almost all areas of funda- two of the finest detailees ever from ing saner and safer policies on nuclear weap- mental science research. The Department of the Army Corps, Taunja Berquam help- ons, insistence on 5-year planning from the Energy is the primary supporter of physical ing with the majority and Felicia Corps of Engineers, Bureau of Reclamation, science research and provides state-of-the-art Kirksey helping with the minority. I and Department of Energy, a focus on com- user facilities available to investigators from would also thank Kenny Kraft on pleting projects, and management reforms, government, academia, and industry. Chairman HOBSON’s staff as well as particularly at the Corps. On this side of the The constraints on this conference agree- Peder Maarbjerg on mine. aisle, I am pleased to have had the oppor- ment have allowed only one area of research Conference negotiations this year tunity to support him on these issues. and user support to be increased above the were protracted and their favorable The conferees were given an allocation request—high performance computing. This is resolution required both patience and $749 million larger than was available when an area where the United States invented the firmness in pushing for positive re- the House developed its bill back in the field and long held undisputed leadership in forms of the Corps of Engineers man- Spring. The tragic events that resulted from the world. Several years ago, that leadership agement practices. hurricanes Katrina and Rita demonstrated that was challenged by Japan with their develop- I want to thank Chairman LEWIS as our Nation has crying needs in the areas ment of the Earth Simulator. For three years well as Ranking Member OBEY for their served by the programs of the Corps of Engi- in a row, the Congress has had to increase steadfast support in getting this done. neers, and we have devoted the increased support substantially in this area to sustain As I said in my remarks earlier this funds to meeting these needs both along the momentum in reachieving U.S. leadership. year, Chairman HOBSON has led our Gulf of Mexico and across the Nation. The conference agreement provides no in- subcommittee to take a long-term per- The Energy and Water Development con- creased support for the operations of DOE spective on a number of important ference agreement had to work within the con- user facilities. Construction of these facilities issues, and this is resulting in some straints that started with the President’s budg- represents a major investment. Before the re- profound and positive changes, includ- et request and its inadequate commitment of cent run-up in energy prices, it was estimated ing saner and safer policies on nuclear resources to the programs of the U.S. Army that an additional $95 million was required to weapons, insistence on 5-year planning Corps of Engineers. The events of this year operate these facilities at full capacity. Oper- from the Corps of Engineers, Bureau of amply demonstrated the latent threats to our ation of these facilities is energy intensive, and Reclamation, and the Department of Nation from natural disasters and the failure of the FY 2006 operating levels are likely to be Energy; a focus on completing projects inadequate manmade structures. The Con- smaller than planned.

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Within the constraints of the conference al- First, let me commend Chairman DAVE HOB- storage areas, and to work with the local gov- location, the Energy and Water conferees SON and Ranking Member PETE VISCLOSKY for ernments across northern New Jersey to de- have made good choices for our Nation. I ask their hard work on this Conference report. velop long-term solutions to re-occurring for support for this measure. In a year of fiscal constraint, extraordinary floods. In New Jersey this means that impor- Mr. Speaker, I reserve the balance of costs due to natural disasters, they have pro- tant corps initiatives like the Jackson Brook my time. duced an excellent bill that addresses our na- Flood Control project in my own district and Mr. HOBSON. Mr. Speaker, I yield for tional priorities and a wide range of Federal the ongoing acquisition of wetlands critical for the purpose of making a unanimous programs, including such diverse matters as the preservation of flood storage areas, consent request to the gentleman from flood control, navigation improvements, envi- among several other critical local projects New York (Mr. BOEHLERT). ronmental restoration, nuclear waste disposal, have the funding to remain on track. Mr. BOEHLERT. I rise in support of this bill, advanced scientific research, maintenance of ENERGY and I want to thank Chairman HOBSON for our nuclear stockpile, and nuclear non- Mr. Speaker, our country continues to ben- working on behalf of the civilian research and proliferation. efit from advances in science, technology and development programs of the Department of engineering. We’ve discovered the potential Energy. Needless to say, I wish the bill could KATRINA No policy discussion about the Corps of En- for fusion energy, advanced renewable en- have been even kinder to those programs, but ergy, and improved energy efficiency. Through I know that Chairman HOBSON pressed on gineers can take place in this body without the cutting edge research and the development of their behalf. looming shadow of Hurricane Katrina and its these programs at the U.S. Department of En- I want, though, to bring attention to one con- huge devastation. cern I have about the conference report. The This historic storm—encompassing 90,000 ergy, we are rapidly advancing our scientific conferees dropped House language pre- square miles in Louisiana, Mississippi and Ala- knowledge. Mr. Speaker, I have long supported funding venting an agreement on ITER, the inter- bama—raised issues that the Corps and the for renewable energy sources. The Commit- national fusion project, from being finalized be- Congress must consider in the months ahead tee’s investment of $1.2 billion in renewable fore March 1. This language, which I offered as we look to rebuild the Gulf Region and pro- energy resources will be integral to creating and the House approved by voice vote, was tect others susceptible to same kind of natural alternative energy solutions for our nation. The designed to prevent the U.S. from moving disaster. ahead with ITER until we had a consensus on Let’s be blunt. A Katrina could—and will— Department of Energy is pursuing other new how to finance the billion-dollar U.S. contribu- happen again and we must heed its ‘‘lessons technologies to meet future energy and envi- tion. learned.’’ ronmental needs. These technologies will You’d think that would just be common In the near term, we must be a careful stew- change how we use and produce energy. I am pleased that year after year this Com- sense in this period of fiscal austerity when we ard of the taxpayers’ dollars. mittee continues to recognize the incredible are talking about cutting programs that Ameri- In the long—term, Congress needs to revisit potential of fusion energy by providing a $30 cans rely on. But the House language has how we prioritize ongoing Corps water infra- million increase in funding for a total of $296 been replaced by weak report language calling structure projects in a way that allows flood for a study by the Government Accountability million in funding for the program—which will control, navigation, beach erosion to be com- advance the vital work of the domestic fusion Office. pleted once they are begun. I understand why, in the give and take of community to prosper at sites such as New THE COAST conference negotiations, my provision may Jersey’s Princeton Plasma Physics Labora- The Army Corps of Engineers keeps our have had to go away. But the issue is not tory. going to go away. waterways open for business, prevents our The money in this bill for energy efficiency I want to make clear to everyone concerned communities from flooding and our beaches and renewable energy will fund continuing im- that I will do everything in my power to kill the from eroding. provements in technology for programs I ITER project if there is not an agreement by In New Jersey alone, the Army Corps budg- strongly support like hydro-electricity, wind and March that the domestic fusion program has to et helps keep the 127 miles of New Jersey solar power. Since FY2000, the U.S. Con- be scaled back to pay for ITER. coastline open to visitors from across the gress, through this committee has invested I am not going to allow the U.S. to enter into country. Serving as one of New Jersey’s over $3 billion in renewable energy. an international commitment that it cannot af- greatest attractions, our beaches generate The Chairman and his staff have worked ex- ford. I would rather kill the ITER project. over 30 billion dollars for our State’s economy tremely hard to craft a good bill. Kevin Cook The fusion community will have to be real- each year, while providing over 800,000 peo- and his team deserve a lot of credit. For all of istic. It cannot have all its current projects and ple with jobs. This bill provides $71 million dol- these reasons, I urge my colleagues to sup- ITER. And it will not. lars for beach preservation and restoration. port this important legislation. This year’s appropriation already makes PORT Mr. HOBSON. Mr. Speaker, I yield for clear why this is so. Just about every area of One of the most important Army Corps the purpose of making a unanimous activity under the DOE Office of Science sees projects is the Port of New York and New Jer- consent request to the gentleman from a cut, especially if earmarks are excluded, ex- sey Harbor Deepening. For the third year in a Ohio (Mr. GILLMOR). Mr. GILLMOR. Mr. Speaker, I rise in cept Fusion Energy Sciences. Fusion science row, President Bush’s budget message recog- is important and may be a key to our energy support of the bill. nized the dredging of this port as a national Mr. Speaker, I rise today to thank Chair- future, but it cannot consume the entire budg- priority and it called for it to be one of five na- man HOBSON and Ranking Member VISCLOSKY et of the Office of Science. And that is what tional navigational projects. will happen if the domestic program is held for their diligent efforts in bringing the Energy It goes without saying that projects like the and Water Appropriations bill to the floor. harmless while ITER is constructed. Port drive our national economy. The Port is So I look forward to working with my col- This legislation contains many important a national asset. As the largest port in the leagues on Appropriations and all my col- provisions for our Nation, including significant northeast and a leading job center for the New leagues to make sure that the U.S. handles its funding for dealing with spent nuclear fuel, in- Jersey/New York Metropolitan Region, we international commitments responsibly. No one cluding funding for the Yucca Mountain reposi- must continue to focus our efforts on deep- should misread what happened in this con- tory. I want to thank the chairman for being a ening its major navigation channels so that the ference. The ITER program is in grave dan- leader in nuclear issues, and for moving for- port is able to meet the 21st Century needs of ger, and I guarantee you that it will not be ward aggressively to deal with the spent fuel completed with U.S. participation unless there our economy. issue. Regarding Yucca Mountain specifically, is a more realistic plan to fund it. FLOODS the funding level is lower than the $651 million Mr. HOBSON. Mr. Speaker, I yield for Of course, the importance of the Army requested by the House Energy and Water the purpose of making a unanimous Corps budget is not limited to just navigational Appropriations Subcommittee, but I under- consent request to the gentleman from projects. In an effort to protect New stand this lower funding is a result of some New Jersey (Mr. FRELINGHUYSEN). Jerseyans, their homes, and their businesses challenges facing the project. With nuclear Mr. FRELINGHUYSEN. Mr. Speaker, from the destruction and devastation of flood- waste being stored at approximately 100 sites I rise in strong support of the con- ing, this bill also provides the framework and around the Nation, it is important to move to ference report. the funding to purchase wetlands for natural a central repository as soon as feasible.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25581 I want to continue to see that this project As a result, the RHIC, as it is known, lated programs. Our National Laboratories, moves forward and I look forward to when the could lay dormant, unused, for 47 under this bill, will continue and expand their Energy and Commerce Committee holds over- weeks out of the year. Why is this cutting edge work on the many pressing sci- sight hearings to ascertain the project’s recent project so important? It is designed to entific challenges facing our Nation. Perhaps progress as well as DOE’s plan for moving recreate conditions of the Big Bang even more important in a time of high energy ahead at Yucca Mountain. I urge all of my col- from which the universe was born and prices, this bill will expand our Nation’s efforts leagues to vote for this very important legisla- life created. to become less dependent on foreign sources tion. The Federal Government has already of energy. Mr. HOBSON. Mr. Speaker, I yield invested more than $1 billion, that is $1 For my home state of Idaho, this bill will such time as he may consume to the billion, in the construction of this fa- provide a boost to the Idaho National Labora- gentleman from Montana (Mr. REH- cility; and it simply makes no sense to tory’s ongoing work to design and build a new BERG), a committee member. let such an investment go unused. I do generation of nuclear reactors, close the nu- Mr. REHBERG. Mr. Speaker, I want not know about my colleagues, but this clear fuel cycle, protect our Nation’s critical in- to thank the gentleman from Ohio (Mr. is like buying a Porsche and letting it frastructure from cyber-based attacks, and se- HOBSON) for his hard work and the gen- sit in your driveway because you will cure radioactive nuclear materials from those tleman from Indiana (Mr. VISCLOSKY) not buy the gas. who would do us harm. as well. I ask, is there a more important Finally, this bill continues our Nation’s ef- The current energy crisis has caused basic research project in progress any- forts to establish a long-term repository for us to refocus on future energy needs, where else in the country? How did we spent nuclear fuel and high-level nuclear how we can become more efficient and justify disinvesting in this project, as waste at Yucca Mountain. While the Yucca produce more energy from the same re- well as BNL’s research into transla- Mountain funding in the bill represents an sources with less pollution. tional neuroimaging and functional overall decrease from last year, it still provides Funds have been correctly appro- nanomaterials? $500 million to move the project forward to- priated in this bill to research initia- Could this be an example of the kind ward a license application and construction. tives that will speed up the deployment of cuts we are beginning to witness as I’m committed to seeing Yucca Mountain fi- of hydrogen fuel cells, coal gasification a result of the misguided priority of nalized and I know Chairman HOBSON is as technologies, advanced turbine re- the budget reconciliation legislation? well. I remain hopeful that the current chal- search, next generation fuels, and envi- That said, I am deeply grateful for lenges facing the program will soon be over- ronmental controls. the support of the gentleman from come and that an aggressive schedule for In this bill, you will see Future Gen. Ohio (Mr. HOBSON), the chairman of the completion of the project can be adopted in Future Gen is a Department of Energy subcommittee, who visited the lab ear- the very near future. collaboration with private industry to lier this year, and the gentleman from In closing, I want to again recognize the bi- develop a near-zero emissions power Indiana (Mr. VISCLOSKY), the ranking partisan manner in which this bill was written plant. Unlike traditional coal-fueled member, who has consistently advo- and acknowledge the tremendous work of all generation facilities, sulfur and mer- cated this research. of the staff on the Subcommittee. cury will be removed before combus- I look forward to their continued I urge my colleagues to support the bill. Mr. HOBSON. Mr. Speaker, I yield for tion, and the carbon dioxide will be support and working with them to re- the purpose of making a unanimous safely sequestered underground, mak- store this funding and protect the jobs consent request to the gentleman from ing Future Gen the most environ- at BNL, some 200 of which might be Iowa (Mr. LATHAM). mentally friendly coal-fired generation lost, ideally within these first few Mr. LATHAM. Mr. Speaker, I thank facility in the world. months of fiscal year 2006, and upon the chairman and I rise in support of The success of this venture requires their approval of reprogramming exist- the conference report. government support to cost-share sub- ing funds within the Department of En- Mr. HOBSON. Mr. Speaker, I yield 2 stantial private investments. This con- ergy. minutes to the gentleman from Wash- ference report sends a powerful mes- Until that happens, Mr. Speaker, I, ington (Mr. HASTINGS). sage that the United States is prepared therefore, must reluctantly oppose this Mr. HASTINGS of Washington. Mr. to move forward and construct such a conference report. Speaker, I thank the chairman for facility. Mr. HOBSON. Mr. Speaker, I yield for yielding. I support these efforts and would like the purpose of making a unanimous Mr. Speaker, the Department of En- to again thank Chairman HOBSON and consent request to the gentleman from ergy has been working for the past Ranking Member VISCLOSKY, and I look Idaho (Mr. SIMPSON). year on answering questions about forward to seeing these research initia- Mr. SIMPSON. Mr. Speaker, I rise in challenges on construction of the waste tives becoming a reality. strong support of this conference re- treatment plant at the Hanford clean- Mr. HOBSON. Mr. Speaker, I reserve port. up site, with only limited information the balance of my time. Once again this year, the bill before us is being shared with Congress, the State Mr. VISCLOSKY. Mr. Speaker, I the result of a bi-partisan atmosphere in the of Washington, or the local commu- yield 3 minutes to the gentleman from Energy and Water Subcommittee that is fos- nity. New York (Mr. BISHOP). tered by Chairman HOBSON and his ranking Just yesterday, the Department offi- Mr. BISHOP of New York. Mr. Speak- member—Mr. VISCLOSKY. I want to thank both cially notified Congress that the costs er, I was one of 416 Members of this of them for the manner in which they ap- of constructing the waste treatment body who voted back in May for a dif- proach the many issues before the committee plant have increased by more than 25 ferent and better energy and water ap- and for producing a bill that will pass today percent. propriations bill. with little or no opposition. We were not told what caused the in- But then a funny thing happened on First, the Energy and Water bill begins a crease, what the Department’s planned the way to the conference committee. new chapter in the history of the Army Corps path forward is for the waste treat- Although the House- and Senate-passed of Engineers which will lead to better budg- ment plant, or what the ultimate cost bills both funded one of this Nation’s eting, more accountability, and the completion and completion date will be. We know most important analytical research of high-priority projects in a quicker timeframe. only that costs have increased by over projects, the Relativistic Heavy Ion I want to commend Chairman HOBSON for 25 percent, and more information is Collider, which is operated by the De- his insistence on reforms to the Corps budg- promised in the summer of next year. partment of Energy’s world-class eting process and for demanding greater ac- Waiting until next summer for an- Brookhaven National Laboratory, countability from the Corps to Congress and swers is simply not acceptable to me. which I am very proud to represent, the American people. Is that also the view of the chairman? somehow this breakthrough research Second, the bill makes tremendous invest- Mr. HOBSON. Mr. Speaker, will the was cut dramatically in conference. ments in our nation’s science and energy-re- gentleman yield?

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25582 CONGRESSIONAL RECORD—HOUSE November 9, 2005 Mr. HASTINGS of Washington. I $37 million for CALFED projects. The com- cease funding of an important independent yield to the gentleman from Ohio. mittee has redirected the funding for higher scientific research center based in Portland, Mr. HOBSON. Mr. Speaker, it is my priority projects that will support the implemen- OR, known as the Fish Passage Center, FPC. view. My visit to Hanford last year tation of the CALFED program. The funded For over 20 years, the FPC has been vital in gave me a real appreciation for the projects will produce increased sources of ensuring that State and tribal fishery man- need to treat the tank wastes at Han- water for the State of California, otherwise agers are armed with the best available sci- ford and protect the Columbia River known as ‘‘firm yield’’ projects, improve drink- entific information about the status of salmon from the groundwater contamination. ing water quality, and improve water delivery populations. In this role, the FPC fulfills a legal The Department must be more forth- flexibility. obligation under the Federal Northwest Power coming with information on its plans $6 million for Sacramento Area water con- Act and under tribal treaties. for the waste treatment plant, and this servation projects. Without the Fish Passage Center, the myr- conference agreement requires a report $1 million for an economic analysis update iad of Federal, State, and tribal agencies re- on their actions to date by December 1 for Auburn Dam. sponsible for Pacific salmon recovery could and quarterly reports beginning on $2 million for the American River Pump Sta- lack valuable data and information on what January 1. tion. works and what doesn’t to recover salmon. So the gentleman has my assurance $1 million for the El Dorado Irrigation District Federal efforts to recover Columbia and that we are on this; and, frankly, had I Temperature Control Device. Snake River salmon are currently in flux after not visited and seen the problem first- $1 million for the Sacramento River diver- a recent Federal district judge overturned the hand, I might not have been as active sion Study. most recent Salmon plan. With so much un- and as strong on this; but I want to as- $40 million for the American River flood certainty surrounding future recovery efforts, sure the gentleman and his State that control projects, including $10 million for a now is not the time to reduce access to the we are going to be on top of this. permanent bridge below Folsom Dam. best available scientific information. Mr. HASTINGS of Washington. Mr. Although the language in the conference re- Speaker, reclaiming my time, this re- The bill fully funded the President’s request for the National Ignition Facility, the premier port directs PBA and the Northwest Power porting requirement, in my mind, is and Conservation Council to transfer the func- fully justified and delivers a strong U.S. facility for inertial confinement fusion, and the Stanford Linear Accelerator Center, a high tions of the FPC to ‘‘existing and capable enti- message that the Department must be ties,’’ I am concerned that it does not provide more direct, open, and prompt in shar- energy physics lab. High energy physics is the cornerstone of our understanding of the phys- enough direction about how this should take ing details on its path forward for the place and does not ensure that State and trib- waste treatment plant. I want to thank ical universe. These two outstanding California al fish and wildlife agencies will have a say in the gentleman for his continued com- facilities are on the cutting edge of research. how and where these functions will be trans- mitment to the environmental man- The bill also provides continued funding for ferred. I hope that BPA and the Council set up agement program within the Depart- Lawrence Berkeley Laboratory to continue a process that actively engages and is fully re- ment of Energy. basic science research and advanced sci- Mr. HOBSON. Mr. Speaker, I yield for entific computing, which allows the U.S. to sponsive to the needs of the State fish and the purpose of making a unanimous compete with the rest of the world in important wildlife agencies and tribes for whom the FPC consent request to the gentleman from scientific fields. was originally created. The Pacific Northwest is about to embark on California (Mr. DOOLITTLE). Mr. BLUMENAUER. Mr. Speaker, the trag- Mr. DOOLITTLE. Mr. Speaker, I rise edy of Hurricane Katrina taught us again the a 1-year-long court-ordered process to correct to express my strong support for this importance of investing in our Nation’s water the flaws in the Federal Columbia Basin Salm- bill. infrastructure. While I believe that significant on Plan. It is my hope that the transfer of the Mr. Speaker, I rise in strong support of the changes need to be made in the operations FPC functions does occur seamlessly and in Energy and Water Development rule/con- and management of the Army Corps of Engi- full collaboration with our State and tribal man- agers so they may fully participate in discus- ference report on the floor today and urge my neers, I support this legislation which acknowl- sions and negotiations concerning the oper- colleagues support it. edges the lack of prioritization process for ations of the Federal Columbia River Power The Energy and Water Development Appro- Corps projects. I support language in the bill priations bill for fiscal year 2006 total $30.5 bil- System. that directs the National Academy of Public Mr. MARKEY. Mr. Speaker, I am pleased to lion. Administration to study and recommend fac- Title I of the bill provides $5.4 billion for the see that the conference report has deleted all tors to be used in determining the allocation of funding for the nuclear bunker buster program. programs of the U.S. Army Corps of Engi- the Corps’ limited resources. neers, an increase of $57 million above the This action reflects the second time that the I also strongly support funding contained in Congress has decided to reject the Bush ad- fiscal year 2005 enacted level and $1.2 billion the bill that will benefit my constituents and over the budget request. ministration’s request for this dangerous and the Pacific Northwest environment. I appre- Title II provides $1.07 billion for the Depart- unnecessary weapon, and I am hopeful that ment of the Interior and the Bureau of Rec- ciate the funding included for floodplain res- this action will end the debate on this issue lamation, an increase of $113.9 million above toration on Johnson Creek, which will enable once and for all. the budget request. The committee rec- the Corps to undertake a cost-effective envi- The United States faces a serious national ommended $1.03 billion for the Bureau of ronmental improvement within an area slated security threat from the proliferation of nuclear Reclamation. for industrial development and will help lever- weapons materials and technologies, most no- Title III provides $24.2 billion for the Depart- age private development by proactively ad- tably in North Korea, Pakistan and Iran. The ment of Energy, DOE, a decrease of $129 mil- dressing important stream corridor needs. I pursuit of new nuclear weapons such as the lion from fiscal year 2005 and $76 million less am also pleased that the conferees chose to Bush administration’s proposed nuclear bunk- than the budget request. All Department of fund an energy conservation program at the er buster sends a dangerously mixed signal to Energy programs are funded within this bill. Armory Theater in Portland and a Solar Photo- the rest of the world and erodes our non- The committee funds new initiatives on the voltaic Test Facility System at Portland State proliferation credibility. Nations that see the consolidation of special nuclear materials, the University. The conference report also con- U.S. expanding and diversifying our nuclear interim storage and integrated recycling of tains important funding, although not nearly arsenal are encouraged to seek or maintain spent nuclear fuel, and on creating a sustain- the amount necessary, for the St. Johns Land- nuclear deterrents of their own and ignore able nuclear stockpile and the DOE complex fill Dike Stabilization, which will help prevent nonproliferation obligations. Additionally, a necessary to support that stockpile. municipal and industrial waste from contami- U.S. move toward expanding and diversifying CALIFORNIA SPECIFIC FUNDING nating sensitive wetlands. Finally, I appreciate our nuclear stockpile is contrary to our legal Over $300 million for Corps projects in Cali- the funding in the bill directed towards dredg- obligations under Article VI of the Treaty on fornia. These include flood control, water sup- ing, maintenance, and environmental restora- the Non-Proliferation of Nuclear Weapons, ply and navigation. tion on the Williamette and Columbia Rivers. NPT, which clearly requires the United States Over $200 million for Bureau of Reclamation However, I am strongly opposed to lan- to work toward reducing our nuclear arsenal. projects in California. These include water guage in the conference report directing the In light of the adverse impact of the pursuit supply, water reuse, and desalination. Bonneville Power Administration, BPA, to of the nuclear bunker buster and any other

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Talk to the earth-penetrating and other conventional construction of one or more integrated spent folks at Savannah River where over 30 million weapons capabilities, the Bush administra- fuel recycling facilities in fiscal year 2010. gallons of high-level were left behind from re- tion’s proposed nuclear bunker buster study This has enormous implications for the fu- processing. Under this bill, Savannah River and the development of any new nuclear ture of efforts to permanently dispose of the may be targeted again for interim storage for weapons are a dangerous and wasteful use of Nation’s nuclear waste in a deep underground spent fuel, awaiting reprocessing. So might taxpayer money. repository. It effectively means that there will Hanford and Idaho or other Federal sites. While I am pleased at the outcome on the be no deep underground repository. It effec- The conference report states that funding in bunker buster, I am very concerned that this tively means that there will be no deep under- the Nuclear Waste Disposal Account will be appropriations bill provides $80 million for the ground burial of waste in our lifetimes. So, all used: Advanced Fuel Cycle Initiative—an increase of of the billions paid into the Nuclear Waste to prepare the overall program plan and to $10 million over the amount requested for this Fund over the years will soon see those funds initiate a competition to select one or more sites suitable for development of integrated program. In addition, the bill provides an addi- be diverted over to supporting this new recycling facilities (i.e., separation of spent tional $50 million in nuclear waste disposal unproven and risky scheme of reprocessing. fuel, fabrication of mixed oxide fuel, vitri- funding to support development of a spent nu- This is a huge policy shift. Since the 1970’s fication of waste products, and process stor- clear fuel recycling plan. These proposals are we have had a policy in this country against age) and initiate work on an Environmental aimed at reviving nuclear reprocessing—an reprocessing spent fuel, both because of the Impact Statement. The site competition idea that Congress has considered and re- risk of nonproliferation and because reproc- should not be limited to DOE sites, but jected in the past. essing is not economical. In recent years, Re- should be open to a wide range of other pos- The conference report contains language publican leaders in Washington have decided sible federal and non-federal sites on a strict- ly voluntary basis. that directs the Department of Energy to use they want to undo that policy, however. this money to I am fundamentally opposed to reprocess- These reprocessing sites will become de facto nuclear waste dumps. Which State is accelerate the development of a separations ing, because I believe that a revival of domes- technology that can address the current in- tic reprocessing would undermine America’s going to ‘‘volunteer’’ to become a nuclear ventories of commercial spent nuclear fuel nuclear nonproliferation efforts, cost us enor- waste dump? Under the Nuclear Waste Policy and select the preferred technology no later mous amounts of money, will not solve the nu- Act, such a site cannot legally be located at than the end of fiscal year 2007. clear waste problem, and won’t increase nu- the Yucca Mountain site. So, where is it going Essentially, the Appropriations Committee is clear safety. to go? telling DOE that it doesn’t believe Yucca With respect to the proliferation risks—just How long will the waste be stored there? Mountain will ever be opened, so it now wants look at North Korea. It has been reprocessing The spent nuclear fuel cannot even be han- the Department to instead embark on a crash spent fuel from its reactors to use in nuclear dled to be reprocessed for 5 to 15 years—it is so radioactive. So we know already that ‘‘in- program to start reprocessing nuclear waste. bombs. In response, President Bush has terim storage’’ could last for a very long time. I warned back in 1987 that the decision to asked the Nuclear Suppliers Group to limit ac- And if we construct these ‘‘interim’’ waste limit the search for a deep underground repos- cess to reprocessing technology, arguing that: dumps, what happens next? What will happen itory to the Yucca Mountain site and to bar ex- This step will prevent new states from de- to all this waste when the hard reality of the amination of other alternative sites was a risky veloping the means to produce fissile mate- disastrous economics combined with the fact one. If Yucca Mountain proved unsuitable, or rial for nuclear bombs. that our government is already too deep in if it could not meet the NRC’s licensing re- At the same time, the U.S. is confronting deficit that it will be unable to subsidize such quirements, then our country efforts to find a Iran over its plan to develop a full uranium en- a program forever? There are simply too many solution to the nuclear waste problem would richment program. How are we going to unanswered questions. be forced back to square one. credibly ask the rest of the world to support us It is also not accurate to suggest, as some Now, it appears that my warnings are being when we tell Iran or any other nation that they do, that reprocessing is safe. Twenty tons of borne out. The Yucca Mountain repository is cannot have the full fuel cycle or reprocessing highly radioactive material leaked from a bro- falling apart in the face of serious scientific when we have one here at home? It just won’t ken pipe at the Sellafield nuclear reprocessing and technical problems. But rather than come fly. plant in the United Kingdom in April of this back to Congress and ask for legislation that America cannot preach nuclear temperance year. Senior officials at the UK’s Nuclear De- would reopen the search for a permanent re- from a barstool. We cannot credibly tell other commissioning Authority, which owns the pository, which the nuclear industry and its nations that they should refrain from reproc- Sellafield reprocessing have pushed to close supporters in Congress know would be politi- essing or other nuclear fuel cycle activities THORP altogether, arguing that it is more cally hazardous, the appropriators now appear abroad when we are engaging in these same cost-effective to close the plant now rather to be effectively abandoning the notion of exact activities here at home. That is why than repair the problems only to decommis- deep underground burial. Instead, they want to President Gerald Ford called for an end to sion the plant as planned in 2012. Is that the reprocess the waste and store it in above commercial reprocessing back in 1976, and kind of mess we want happening over here? ground ‘‘interim’’ storage facilities. why no President since then has successfully When the House version of this bill was Now, you would think that such a funda- revived reprocessing. being debated on the House floor last sum- mental rewrite of the Nuclear Waste Policy Act In addition to the serious adverse non- mer, I offered an amendment which would would actually require action by the committee proliferation consequences, reprocessing also have transferred the $15.5 million appropriated that actually has jurisdiction over the act in the is not economical. A MIT study put the cost of for reprocessing and interim storage to several first place. In the House, that would be the En- reprocessing at four times that of as once- energy efficiency priority programs that were ergy and Commerce Committee. However, in through nuclear power. The current price of underfunded in the bill. Unfortunately, my this bill the directive to prioritize reprocessing concentrated uranium ‘‘yellowcake’’ in the spot amendment was defeated. is being made without any participation by the market is about $53.00/kg. For reprocessing to I continue to be opposed to the reprocess- Energy and Commerce Committee. The com- be economical, there must be a sustained 8- ing language in the bill. I intend to continue mittee doesn’t even get a copy of the report fold increase in the long-term price of uranium. raising questions about this proposal, both in mandated by the Appropriations conferees. That is not likely to occur anytime soon. the Energy and Commerce Committee and on Yes, there was language in the Energy Pol- On top of that is the cost of building a plant. this floor. icy Act which authorized R&D on reprocess- As a benchmark, Japan’s nearly completed Finally, on another matter, I am very con- ing. I opposed that language, and sought un- Rokkasho reprocessing plant—20 years in the cerned about the cuts that have been made in successfully to remove it from the bill. But making—costs on the order of $20 billion. I energy efficiency programs in this bill. We are R&D is far different from moving to full-scale have seen some cost estimates for a U.S. re- in the middle of an energy emergency. We engineering of reprocessing technologies with processing program that run as high as $65 had a hearing before the Energy and Com- a short-term deployment objective. That is billion. That is not something that is economi- merce Committee last week that showed the

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impact that these high prices are having Flood Control District. Hunting Bayou had over VISCLOSKY for their hard work and encourage across the board, in every sector of the econ- 8,000 residences flood in 2001 from Tropical all of them to support this bill. omy. The Senate will be holding a hearing Storm Allison and Greens Bayou had over Mrs. JO ANN DAVIS of Virginia. Mr. Speak- today on price gouging by big oil companies 28,000 homes flood in the same storm. er, I want to express my sincere concern with and the $100 billion in oil company profits pro- As a result, I want to thank the Sub- the funding level for nuclear physics programs jected for 2005. There are things that we can committee Chairman, DAVID HOBSON, the in the Energy and Water Appropriations Act do in this area. What we are seeing is missed Ranking Member, PETE VISCLOSKY, and espe- Conference Report for FY2006. opportunities. cially my Texas colleague CHET EDWARDS for While the Office of Science does receive an The House Bill for the fiscal year 2006 En- salvaging funding for all our projects—the increase of $32.8 million over the fiscal year ergy and Water Appropriations provided $41 Houston Ship Channel, Hunting Bayou, and 2005 level, the nuclear physics programs are million for the State Energy Program. The Greens Bayou. actually cut 8.4 percent below fiscal year 2005 Senate bill provided $41 million for the State As final note, I want to add that the Houston levels. The Jefferson Lab in my district in Energy Program. Now we go to conference Ship Channel has received serious damage Newport News, VA, is one of the basic re- and the conference report provides $36 mil- from Hurricane Rita, roughly $30 million. Parts search labs that would be negatively impacted lion, which is $8 million below fiscal year 2005 of the channel have silted up with material to by this funding level. Just last month the National Academy of levels—almost a 20 percent cut. We are in the 35 feet, which is a serious safety and eco- Sciences issued a report titled ‘‘Rising Above midst of an energy crisis. This program imple- nomic problem. the Gathering Storm.’’ That report underscored ments energy efficiency programs and energy If the large oil tankers cannot get to the re- fineries on the Houston Ship Channel, that will that the nation’s economic health is seriously emergency preparedness activities in every at risk without a sustained investment in State in our country. A recent National Labora- not help gasoline prices to go down in this country. science. The report noted that in Germany, 36 tory study concluded that for every $1 in- percent of undergraduates receive their de- vested, we get $7.22 in return in energy sav- Our refinery capacity has got a lot of notice lately in Congress, and this is something we grees in science and engineering. In China the ings. This makes no sense. We should be in- figure is 59 percent, and in Japan 66 percent. creasing these programs, not cutting them. can do in the short term to help that—repair hurricane damage at oil importing ports like In the United States the corresponding figure Mr. GENE GREEN of Texas. Mr. Speaker, is 32 percent. It seems to me that this is a I rise in strong support of the House Energy the Port of Houston. The Houston delegation—myself, JOHN CUL- time the nation needs to invest in science, not and Water Appropriations Act for Fiscal Year BERSON, TOM DELAY, AL GREEN, SHEILA JACK- cut science programs. 2006. Mr. Speaker, no Member is more concerned This legislation provides essential funding SON-LEE, KEVIN BRADY, MICHAEL MCCAUL, TED POE, and our Texas colleague on the Appro- about trimming our budget than I am, but we for the Houston Ship Channel, $26 million to cannot afford to cut programs like nuclear priations Committee CHET EDWARDS all re- finish the deepening and widening project and physics, that are the key to our country’s suc- conduct environmental restoration work. cently sent a letter to the Committee and Sub- committee requesting this $30 million in emer- cess, both now and in the future. I wish to Also, I want to particularly express my ap- state for the record that I am extremely dis- gency damage repair funding for the next Sup- preciation for the Subcommittee’s increase for appointed with the cuts to nuclear physics pro- Operations and Maintenance funding to $11 plemental. Mr. Speaker, I encourage my colleagues to grams, and I will continue to work vigilantly in million for Houston-Galveston. support this legislation. the future for this critical funding. It is penny-wise and pound foolish to under- Mr. BERRY. Mr. Speaker, I rise today to Mr. UDALL of Colorado. Mr. Speaker, the fund maintenance, because that reduces the House-passed version of the legislation, this support the FY06 Energy and Water Appro- benefits that we get from all of our construc- conference report is not perfect. But it is not priations Bill. so bad as to require opposition, and does pro- tion dollars. Chairman HOBSON, Ranking Member VIS- If we are going to dredge a channel to 45 vide funding for many important purposes. CLOSKY, and their staffs have worked tirelessly Therefore, I will vote for it. feet to allow for modern ships to reach a port, to produce a good bill and they deserve much The conference report includes a number of we obviously have to keep that channel at 45 praise for their efforts. feet and remove silting and other blockages. items of particular importance to Colorado. This bill goes a long way in strengthening In particular, I am very pleased that it in- This bill also provides important funding for our Nation’s water infrastructure. If this past flood control projects in the Houston area— cludes funding for the final stages of work hurricane season has taught us anything, it is connected with the cleanup of Rocky Flats. $375,000 for construction of the Hunting that we must ensure an adequate level of pro- Bayou Federal flood control project and Once home to a nuclear weapons factory, tection for our coastal cities and those areas Rocky Flats is located just 15 miles from $75,000 to finish up the General Reevaluation prone to flooding. Review study for Greens Bayou. downtown Denver. At one time it was the loca- The modest investments included in this bill tion of large quantities of nuclear materials Hurricane Katrina showed the Nation the can save billions in disaster recovery needs. value of flood control projects. Both the Hunt- and other hazardous substances—and be- Our Nation’s water infrastructure is also crit- cause of its proximity to our state’s major met- ing Bayou and the Greens Bayou projects will ical to building the economy. Our waterways ropolitan area, timely and effective cleanup save Federal money. By protecting homes provide a low cost way to move agriculture and closure of the site has been a matter of from flooding, we reduce the amount of future commodities and manufactured goods to the top priority for all Coloradans. disaster assistance and flood insurance world market. This bill will help maintain and Just last month, the overall contractor for claims. strengthen these arteries, ensuring access for the cleanup, Kaiser-Hill, announced that their My constituents who would benefit from American producers. work was done. The Department of Energy these projects do not own expensive beach This legislation also includes critical funding must still confirm that, and there still must be houses close to the shoreline, they own for Nuclear power and our ability to store nu- a formal decision by state and federal regu- homes in a densely populated urban area over clear waste, namely the Yucca Mountain re- lators. But those who knew Rocky Flats as it 50 miles from Galveston Bay. pository. The funding level is lower than what was can hardly recognize the site as it is However, Houston does not have a lot of the House agreed to earlier this year, but the today. elevated areas and we are at risk from hurri- lower funding is justified by the Energy De- The cleanup of Rocky Flats is a major canes and tropical storms, and as a result partment’s recent changes to the project. achievement for which we can all be proud. I flood control projects make good economic What is important is that the Yucca Mountain want to especially note the efforts of the work- sense. project and Federal spent fuel management ers and their dedication not only the security Unfortunately the Bush Administration re- moves forward. of this country, but their dedication to per- peatedly zeroes out funding in their budgets The legislation’s funding for the Corps of forming a safe and extensive demolition and for flood control projects in Houston, for rea- Engineers, nuclear energy R&D and the decommissioning. sons I still cannot understand. Yucca Mountain program helps ensure a vi- This was very complicated and difficult work Our projects are authorized by Congress, brant future for American water ways, flood involving dangerous and toxic materials. The have strong cost-benefit rations, are supported control and nuclear energy. fact that it was done decades ahead of pre- by the community, and are managed by the I ask my colleagues to join me in congratu- dictions and at a cost vastly less than ex- professional experts at the Harris County lating Chairman HOBSON and Ranking Member pected is a testament to all those involved,

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But the Colorado congressional delega- fossil fuels and increasing global demand, in- bined supply from groundwater and Lake tion worked hand-in-glove with the local com- vesting in clean energy is more important than Thunderbird within 5 years. In fact, since munities, DOE, and the contractors to work ever. DOE’s renewable energy programs are 1988, Norman has exceeded its proportional through the obstacles and I think lessons vital to our Nation’s interests, helping provide allocation 12 separate years. Today, all pro- learned at Rocky Flats can be applied to the strategies and tools to address the environ- jections show that the annual allocation af- cleanup challenges at other nuclear-weapons mental challenges we will face in the coming forded Norman will always be exceeded with- sites. decades. These programs are also helping to out additional supplies being made available. I look forward to the next major chapter— reduce our reliance on oil imports, thereby It is anticipated that the two other communities transfer of most of the Rocky Flats site to the strengthening our national security, and also served by Lake Thunderbird may also need Interior Department for management as a Na- creating hundreds of new domestic busi- additional water in the future. tional Wildlife Refuge. But getting that chapter nesses, supporting thousands of American Appraisal level studies initiated by the Bu- properly written will require some additional jobs, and opening new international markets reau of Reclamation in Fiscal Year 2003 sup- steps, notably including the acquisition of min- for American goods and services. port the need for additional water supplies to eral rights at Rocky Flats that are now in non- But for our investment in these technologies meet the region’s future needs. This provision Federal ownership. to payoff, our efforts must be sustained over was included in the Senate bill to enable the To facilitate that acquisition, I have intro- the long term. This conference report does not Bureau of Reclamation, in partnership with the duced legislation (H.R. 4181) to authorize do that. OWRB, the COMCD and its member cities, to DOE to expend funds to acquire some or all Though some of the renewable energy ac- initiate a more in-depth feasibility-level study of the minerals, including $10 million from its counts are increased from FY05 levels, it is an of alternatives to augment the water supplies appropriation for fiscal year 2006. The bill also illusion. The EERE accounts are earmarked of the COMCD and its member cities. I look provides that DOE’s expenditure of $10 million so heavily that there is little left of the core forward to working with the Chairman and the for that purpose (or, under certain cir- programs. Bureau of Reclamation to identify any unobli- cumstances, an appropriate payment to speci- While the biomass line is up slightly from gated balances within the Bureau’s budget fied Federal and State officials for acquisition FY05, fully 53 percent of the FY06 funds are that may be released to initiate this study. of Rocky Flats minerals or for habitat restora- earmarked. Wind is slightly reduced from Ms. LEE. Mr. Speaker, I rise in support of tion at Rocky Flats) will satisfy certain claims FY05 levels, but this is after repeated cuts— this conference report. the State of Colorado might bring for natural 11 percent in just three years. Factoring in I would first like to thank the Chairman of resources damages resulting from past dis- earmarks makes the situation even worse. the Subcommittee, Mr. HOBSON, and the charges of hazardous substances at or from The bill earmarks fully a third of the funds ap- Ranking Member, Mr. VISCLOSKY, for their Rocky Flats). propriated for wind energy for Member The bill also would give the Interior Depart- work in putting together the Energy and Water projects. Solar energy funding is down from ment two additional methods (either instead of Appropriations Bill, and in negotiating with the or in addition to purchase for cash) for com- FY05 levels, and also earmarked—17 percent Senate on this conference report. pleting such acquisitions—namely: by giving of the total goes to Member projects. I also want to thank both of them for includ- I am concerned that year by year, DOE’s re- ‘‘credits’’ that could be used instead of cash to ing $48 million in the conference report to con- pay for oil and gas leases on the Outer Conti- newable energy and energy efficiency pro- tinue funding the Port of Oakland’s 50-foot nental Shelf; and/or by allowing federal lands grams seem to be losing—through gradual dredging project in my district in California, or minerals anywhere in the country to be ex- cuts, shifts of more EERE dollars to hydrogen and for including $5,585,000 for Operations changed for the Rocky Flats minerals (under and fuel cells and out of core renewables and Maintenance. current law, such exchanges can only occur technologies, and earmarks. As the fourth largest container port in the within the same state—Colorado lands/min- These cuts will only increase U.S. vulner- country, the Port of Oakland serves as one of erals for other Colorado lands/minerals). ability to energy supply disruptions, worsen our premier international trade gateways to Other parts of the conference report are fuel price volatility, and cause higher energy Asia and the Pacific. also important for Colorado, including the prices overall unnecessarily, and are espe- The 50-foot dredging project will underpin funding for several Bureau of Reclamation cially ill-advised at a time when the need for an $800 million expansion project funded by projects in our State, including the Colorado- a secure, domestic energy supply is so cru- the Port that will improve infrastructure, ex- Big Thompson and the Fryingpan-Arkansas cial. pand capacity and increase efficiencies projects as well as the ongoing construction of So, Mr. Speaker, while I regret that they throughout the distribution chain. the Animas-La Plata project. could not adequately address all our needs, in Once this project is finished, the Port Similarly, the conference report provides Colorado or elsewhere, I appreciate what the projects that an additional 8,800 jobs will be needed funds for operation and maintenance conferees have done and urge the House to added, business revenue will increase by $1.9 of a number of reservoirs operated by the pass this important conference report. billion, and local tax revenues will go up by Army’s Corps of Engineers as well as for other Mr. COLE of Oklahoma. Mr. Speaker, as $55.5 million. Best of all, 100 percent of the Corps activities in Colorado, including aquatic you know, the Senate version of the Fiscal dredged materials will be reused for wetlands restoration work involving Goose Creek and Year 2006 Energy and Water Appropriations restoration, habitat enhancement, and upland Lower Boulder Creek. Act included a provision authorizing the Bu- use within the San Francisco Bay Area. I am very glad to note that the bill will pro- reau of Reclamation to work in cooperation I appreciate the Subcommittee’s support for vide funds for completing construction of the with the Oklahoma Water Resources Board this project and I look forward to continuing to new science and technology facility at the Na- (OWRB), the Central Oklahoma Master Con- work with the chairman and ranking member tional Renewable Energy Laboratory. servancy District (COMCD), and local entities to complete it. I find it highly ironic, however, that the new to initiate a Water Supply Augmentation Feasi- Mr. VISCLOSKY. Mr. Speaker, I NREL facility comes at the expense of the bility Study at Lake Thunderbird near Norman, yield back the balance of my time. very renewable energy research and develop- Oklahoma, and appropriating $300,000 to the Mr. HOBSON. Mr. Speaker, I yield ment programs that would be conducted within Bureau to initiate this study. Unfortunately, back the balance of my time. it. It’s conceivable that we’ll have new build- due to current fiscal constraints and the dif- The SPEAKER pro tempore (Mr. ings but nothing to fill them with—no scientists ficult decisions that had to be made in light of ISSA). Without objection, the previous or other NREL personnel, since many of them these constraints, the conferees were forced question is ordered on the conference will lose their jobs due to deep cuts in pro- to remove this provision in the final conference report. gram funding. report. There was no objection. As co-chair of the Renewable Energy and Mr. Speaker, since its construction in 1965, The SPEAKER pro tempore. The Energy Efficiency Caucus in the House, I have Lake Thunderbird has served as a reliable question is on the conference report.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25586 CONGRESSIONAL RECORD—HOUSE November 9, 2005 Pursuant to clause 10 of rule XX, the the conference report on the bill (H.R. The conference agreement includes yeas and nays are ordered. 2862) making appropriations for $12 million above the request for the Pursuant to clause 8 of rule XX, fur- Science, the Departments of State, Marshals Service to enhance the pro- ther proceedings on this question will Justice, and Commerce, and related tection of the Judiciary and fugitive be postponed. agencies for the fiscal year ending Sep- apprehension programs. f tember 30, 2006, and for other purposes. For DEA, Madam Speaker, the bill The Clerk read the title of the bill. restores proposed cuts for Mobile En- CONTINUATION OF THE NATIONAL The SPEAKER pro tempore. Pursu- forcement Teams and the Demand Re- EMERGENCY WITH RESPECT TO ant to House Resolution 538, the con- duction program, and directs these ef- IRAN—MESSAGE FROM THE ference report is considered read. forts to focus on meth enforcement. PRESIDENT OF THE UNITED (For conference report and state- The conference report does not include STATES (H. DOC. NO. 109–68) ment, see proceedings of the House of the Combat Meth Act that was at- The SPEAKER pro tempore laid be- November 7, 2005, at page 25034.) tached to the Senate bill. While I fore the House the following message The SPEAKER pro tempore. The gen- strongly support the bill’s intent to ad- from the President of the United tleman from Virginia (Mr. WOLF) and dress this destructive drug, there were States; which was read and, together the gentleman from West Virginia (Mr. some concerns raised about the Senate with the accompanying papers, without MOLLOHAN) each will control 30 min- language. objection, referred to the Committee utes. The Judiciary Committee and the on International Relations and ordered The Chair recognizes the gentleman Energy and Commerce Committee, who to be printed: from Virginia. are the committees of jurisdiction on Mr. WOLF. Madam Speaker, I yield this subject, are addressing these con- To the Congress of the United States: myself such time as I may consume, cerns. In fact, today I understand the Section 202(d) of the National Emer- and I am pleased to bring to the floor House Judiciary Committee is marking gencies Act (50 U.S.C. 1622(d)) provides today the conference report on H.R. up a meth bill. I look forward to voting for the automatic termination of a na- 2862, the fiscal year 2006 Science, State, for Chairmen SENSENBRENNER and BAR- tional emergency unless, prior to the Justice, Commerce, and Related Agen- TON’s bill when it comes to the House anniversary date of its declaration, the cies Appropriations Act. floor. President publishes in the Federal Reg- Madam Speaker, I want to thank my The conference report fully funds the ister and transmits to the Congress a colleague, the gentleman from West ATF’s request and includes a $20 mil- notice stating that the emergency is to Virginia (Mr. MOLLOHAN), for his sup- lion increase for Violent Crime Impact continue in effect beyond the anniver- port throughout the process. Together, Teams to help those communities most sary date. Consistent with this provi- we were able to get a strong bill passed impacted by gangs and violent crimi- sion, I have sent the enclosed notice to by the House with a vote of 418 to 7. nals. There is a growing problem of the Federal Register for publication, Also, I want to thank our Senate coun- gang and gang violence throughout the stating that the Iran emergency de- country. terparts, Chairman SHELBY and Sen- clared by Executive Order 12170 on No- The conference agreement provides ator MIKULSKI, as well as Chairman vember 14, 1979, is to continue in effect $2.7 billion for State and local law en- MCCONNELL and Senator LEAHY. beyond November 14, 2005. The most re- forcement, $1.1 billion above the ad- I also want to thank the chairman of cent notice continuing this emergency ministration’s request, including $416.5 the full committee, the gentleman was published in the Federal Register on million for Byrne Justice Assistance from California (Mr. LEWIS) for his help November 12, 2004 (69 FR 65513) . grants and $405 million for State Crimi- and cooperation with this, and also the Our relations with Iran have not yet nal Alien Assistance. And that funding ranking member, the gentleman from returned to normal, and the process of really was due to Chairman LEWIS, and Wisconsin (Mr. OBEY). implementing the January 19, 1981, also Mr. DREIER and Mr. KOLBE, when Within a very tight allocation, we agreements with Iran is still underway. we dealt with that issue on the floor. were able to provide funding for a vari- For these reasons, I have determined That was a big issue. ety of critical national priorities. The that it is necessary to continue the na- The bill also includes $109 million to conference report provides $21.4 billion tional emergency declared on Novem- address critical DNA backlogs, $387 for for the Department of Justice, $784 mil- ber 14, 1979, with respect to Iran, be- violence against women prevention and lion above fiscal year 2005 and $1.1 bil- yond November 14, 2005. $343 million for juvenile justice. lion over the budget request. GEORGE W. BUSH. There is $16.5 billion included for The conference agreement includes THE WHITE HOUSE, November 9, 2005. NASA, including funding for the Presi- $5.8 billion for the FBI, which is $15 dent’s vision for space exploration. We f million above the budget request. The have also restored funding for aero- b 1300 bill will provide for additional agents, nautics research, which the adminis- analysts, and support staff to address GENERAL LEAVE tration had proposed to reduce. terrorism and espionage threats. And For the National Science Founda- Mr. WOLF. Madam Speaker, I ask keep in mind that last week the stories tion, Madam Speaker, the bill includes unanimous consent that all Members broke about how the Chinese, that, un- $5.65 billion, which is $48 million above may have 5 legislative days in which to fortunately, this body gave the Most the request. This increase for basic sci- revise and extend their remarks and in- Favored Nation trading status to, has entific research and science education clude tabular and extraneous material been spying aggressively against our is critical to ensuring that we continue on the conference report to accompany country, and the latest spying episode to lead in innovation and competitive- H.R. 2862. dealt with the B–1 bomber. ness, which is necessary if we are to re- The SPEAKER pro tempore (Mrs. In addition, the bill provides funding tain our position in the world econ- BIGGERT). Is there objection to the re- to address deficiencies identified omy. quest of the gentleman from Virginia? through external reviews, including a Many people are concerned that with There was no objection. $20 million increase for the FBI Acad- the test scores in math, science, phys- f emy, a $20 million increase for addi- ics, chemistry and biology, and the tional secure space, and a $14 million number of engineers we have, we are CONFERENCE REPORT ON H.R. 2862, increase to improve information tech- falling behind. So even in this tight pe- SCIENCE, STATE, JUSTICE, COM- nology program management, $5 mil- riod of the budget, we were able to dra- MERCE, AND RELATED AGEN- lion for retention and recruitment, a matically increase that, and there will CIES APPROPRIATIONS ACT, 2006 $26 million increase for translators, be a conference that was directed by Mr. WOLF. Madam Speaker, pursu- and a $70 million increase for the Ter- the supplemental appropriations in De- ant to House Resolution 538, I call up rorist Screening Center. cember, chaired by Congressman VERN

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EHLERS and also Chairman BOEHLERT and those still alive with regard to the Sally Moorehead, for their hard work and others, with some of the best hostages in the Iranian Embassy. We throughout this long process. minds to come together to attempt to have to deal with those issues and, Madam Speaker, let me especially deal with this issue. Rather than just hopefully, deal with them without the express my appreciation to Chairman talking about it, they will construc- lawyers being involved. I think we have WOLF for his capability, for his adroit tively deal with it and get the adminis- to help and work with the families. management of a complicated bill with tration on board. So I would hope and I also want to thank, Madam Speak- a lot of jurisdictions; and I cannot I pray that the President will address er, at the end here, to thank the mem- stress enough the kindness and fairness this issue in his State of the Union bers of my subcommittee staff who that he has shown to me, to our com- message next year. have put in very long hours to produce mittee staff, and to the House minority The conference report includes $888 the FY 2006 Science, State, Justice, throughout this process. While Chair- million for the Securities and Ex- and Commerce Appropriation bill. With man WOLF and I may have had dis- change Commission to provide the nec- the addition of Science to the sub- agreements, we may not have agreed essary resources to protect investors committee, the staff has had to work on every provision in this bill, Chair- from corporate fraud. even harder this year to produce a bill man WOLF has listened to our argu- For the State Department, we have that I believe will help the country. ments and, where appropriate, he has provided $9.6 billion, including $1.6 bil- I want to particularly thank Mike looked for ways to accommodate our lion, the full requested level for em- Ringler, clerk of the subcommittee, requests, and we thank him for that. bassy security upgrades. It also in- who has led the subcommittee through Madam Speaker, this is a good bill. It cludes $1.53 billion for public diplo- the House appropriations process. I provides $57.85 billion. That is an in- macy programs including international would also like to thank Christine crease of $1.6 billion above last year’s broadcasting, focusing on expanded Kojac, John Martens, Anne Marie Gold- level for very diverse programs; pro- programs for the Arab and Muslim smith, Joel Kaplan, and Clelia Alva- grams that fund our Federal and local world. rado for their tireless, and if I could law enforcement activities; programs At the Department of Commerce, the underline in the CONGRESSIONAL that invest in our government’s major conference report provides $6.6 billion RECORD the word ‘‘tireless,’’ if I could science activities; programs that con- for the Department of Commerce and put a black line under it so people struct and defend our embassies other trade-related agencies. Increases would see it, their tireless efforts. abroad; programs that provide support will result in more accurate economic Their work is much appreciated. to our small businesses, and those statistics, improved weather fore- In my personal office I want to thank which help promote our economic de- casting, and more accurate and timely Dan Scandling, my Chief of Staff, and census data. velopment. The bill also includes an increase for Jan Shaffron, who has been with me for There are many high points in this the Nation’s trade agencies. This will 25 years, and J.T. Griffin, Samantha bill. The Department of Justice and all help former Member Mr. Portman to Stockman, and Courtney Schlieter for the law enforcement programs that it negotiate, enforce and verify free and their efforts and working with the sub- manages are at $1.1 billion above the fair trade agreements. It also has an committee. President’s request and $784 million amendment offered by Congresswoman Also, there were many other sub- above fiscal year 2005, while we are dis- committee members’ staffs who were NORTHUP, which is very, very impor- appointed in the funding available for tant with regard to this whole issue of very much involved in all of this. From local and State law enforcement. negotiating treaties. the minority, I want to thank David Science activity is up, with the Na- Overall, Mr. Speaker, the conference Pomerantz, Michelle Burkett, and Rob tional Aeronautics and Space Adminis- report agreement represents a sound Nabors for their insight and input on tration funded at the requested level of and fair resolution to the many issues the bill. And also from Congressman $16.5 billion. That is $260 million above we faced in conference, and it does so MOLLOHAN’s personal office, I want to fiscal year 2005. in a fiscally responsible manner. I thank Sally Moorehead and Julie The National Science Foundation re- would urge my colleagues to support Aaronson. As in the past, we have ceives $5.65 billion in this bill, an in- this conference. worked in a bipartisan manner to draft crease of $181 million above last year Before I reference some people, I this legislation. and $49 million above the President’s want to say there is another issue we Madam Speaker, I ask for a ‘‘yea’’ budget request. attempted to deal with and were not vote on this bill. The State Department and Broad- able to get agreement on, and that is Madam Speaker, I reserve the bal- casting Board of Governors, while fund- to direct the Department of State in a ance of my time. ed below the President’s request, re- period of 60 days to come up with a pol- Mr. MOLLOHAN. Madam Speaker, I ceives $9.6 billion for worldwide secu- icy to deal with how we take care of yield myself such time as I may con- rity upgrades, diplomatic and consular the families of those who were lost in sume. programs, and international broad- the bombing of the American Embassy Madam Speaker, I rise in support of casting. in Beirut in 1983; the October bombing the fiscal year 2006 appropriations con- b 1315 of the U.S. Marine barracks, where 241 ference report for Science, the Depart- Marines were killed; the Tanzania Em- ments of State, Justice, Commerce and For our local communities, we re- bassy bombings; the Kenya Embassy related agencies. stored the Economic Development Ad- bombings, and the USAID employees Madam Speaker, right at the begin- ministration’s funding to last year’s that were killed. ning, I would especially like to thank level, rejecting in the process the It was a strange experience because Chairman WOLF and his staff: Celia Al- President’s proposal to eliminate the we were operating in good faith, trying varado, Anne Marie Goldsmith, Joel Economic Development Administra- to get this, and some lawyers who got Kaplan, Christine Kojac, John Martens, tion. involved in this process really created and Mike Ringler for their help, their In addition, we rejected his proposal a roadblock and a problem for this. outstanding work on this bill, their to consolidate and shrink proposals Now, because of those lawyers, this is professionalism, and for their help in that provide Federal investment to not being carried. So we are going to be shepherding this bill with all its juris- strengthen our local communities. doing a letter to Secretary Rice asking dictions through the appropriations In this bill we also included language that the State Department come up process. supporting the role of the economic de- with a program and a policy and deal I would also like to thank the minor- velopment districts and reaffirming with this. ity appropriations staff, Michelle our commitment to the minimum 50 We have a moral obligation to the Burkett and David Pomerantz, and my percent Federal match for local dol- families, the families of those killed personal staff, Julie Aaronson and lars. My constituents and those in

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rural areas were very vocal on these I am delighted that Chairman WOLF the gentleman from Wisconsin (Mr. two points, and I am pleased that the shares an appreciation for the critical OBEY), the ranking member of the chairman was supportive and that we role innovation has played in our econ- Committee on Appropriations. could be responsive to those requests. omy and national security, as well as Mr. OBEY. Madam Speaker, I thank Madam Speaker, I am concerned that its unique tie to education and the the gentleman for yielding me this this year, like last year, we were not work supported by the NSF. time. able to provide the $80 million needed In May of this year, 167 Members of Madam Speaker, I want to say at the to subsidize the 7(a) loan program in Congress joined with me in signing a outset I have a great deal of admira- the Small Business Administration. I letter to support an increase for the tion for the gentleman from Virginia. I have seen firsthand the chilling effect budget of the National Science Founda- think he is one of the best committee that increased fees have had on small tion. Since the NSF was funded below chairmen in this House, and I think he businesses in my State, and I hope we the President’s request last year, I am has treated the substance of this bill will monitor the 7(a) program during very grateful that the conferees saw fit absolutely down the center, and I think the next year and evaluate to what ex- to reverse this declining trend and re- he has dealt with the majority and the tent this lack of funding creates a turn to sustaining the level of funding minority in a very even-handed fash- problem for our small businesses ac- for NSF. The negotiated funding level ion. I respect that and appreciate that. cessing needed capital. for NSF in fiscal year 2006 of $5.65 bil- Frankly, I had thought I would be Finally, Madam Speaker, I would lion reflects a strong commitment to voting for this bill as I have for the like to draw special attention to sec- NSF’s job of developing our future Foreign Operations Appropriations bill, tion 624 of the conference report. It skilled workforce and laying the foun- and as I intend to work for the Energy reads as follows, ‘‘None of the funds dation for innovative technologies in and Water conference report. But I find made available in this act shall be used the fields of telecommunications, med- myself unable to support this bill in in any way whatsoever to support or icine and defense. the final instance for a number of rea- justify the use of torture of any official Furthermore, I want to acknowledge sons which have very little to do with or contract employee of the United the committee’s work to restore cuts the gentleman from Virginia or the States Government.’’ endured by several programs within gentleman from West Virginia. I have Madam Speaker, this provision re- the Education Directorate at NSF. The three basic problems with this bill. flects Chairman WOLF’s values and his Math and Science Partnership Program First of all, the conferees stripped unwavering commitment to human budget has been greatly diminished the Sanders amendment out of the bill. rights. It is the chairman’s initiative, since 2002, when it was funded at $160 I think this Congress has done a miser- and it is to his credit that it is in- million. I am grateful that the con- able job of oversight with respect to cluded in our bill. ferees have signaled their recognition Iraq, a miserable job with respect to Madam Speaker, again, I want to of the importance of this program by oversight of the PATRIOT Act and a thank Chairman WOLF, and I urge funding this program at $64 million, $4 number of other security-related Members to support this conference re- million above the requested level. issues. port. We know that other countries are in- I might not be so concerned about Madam Speaker, I reserve the bal- vesting and outperforming the United the fact that the conferees stripped out ance of my time. States in the area of math and science the amendment which precluded the Mr. WOLF. Madam Speaker, I yield 4 education. We will not be able to com- administration from snooping into peo- minutes to the gentleman from Michi- pete successfully with the rest of the ple’s use of libraries, I might not feel gan (Mr. EHLERS), a member of the world if our workforce is not on the so strongly about it if I felt that the Science Committee, who is also a phys- cutting edge of these fields, and we Congress had a better record of con- icist. need to maintain these important pro- ducting oversight hearings on this, but Mr. EHLERS. Madam Speaker, I grams that support math and science I do not. So under those circumstances, thank the gentleman for yielding me education. this time, and I commend him for his Also within this bill, I want to brief- I think what the committee has done work on this report as well as on the ly mention my appreciation that the in stripping out that language is quite original House bill. Manufacturing Extension Partnership dangerous. Madam Speaker, I rise today in sup- Program, MEP, at the National Insti- Secondly, I would say there is a ka- port of the conference report of the tute for Standards and Technology has buki dance going on in this town with Science, State, Justice, Commerce, and been funded at $106 million. These respect to local and State law enforce- Related Agencies Appropriations Act funds will allow MEP centers across ment funding. This bill now effectively for Fiscal Year 2006. I want to recog- the country to continue their vital funds State and local law enforcement nize and pay tribute to the tremendous services for small- and medium-sized at a level which is $1 billion less than effort of Chairman WOLF and his staff, manufacturers that are not replicated it was in fiscal year 2001. as well as the ranking member on the by any other private or public organi- What happens each year is that the minority side and his staff, that they zation. President makes very large cuts in have exerted to meet the challenge of Balancing many pressing national that program. This committee then re- fairly balancing this bill. priorities within this tight budget cli- stores a significant portion of those Madam Speaker, their hard work is mate is certainly a challenge. We must funds, but still leaving us below the commendable, and I want to thank increase our funding of research and funding level for last year. As a result, them for their tireless work. development because it is the founda- this bill is $300 million below last year I would like to speak in particular tion for increased innovation, eco- in terms of its aid for State and local about one part of the bill, the National nomic vitality and national security. I law enforcement assistance; and last Science Foundation, better known as look forward to continuing to work year was $226 million below the year NSF. New to the subcommittee this with Chairman WOLF and my col- before. I think that is headed in the year, NSF is the only Federal agency leagues to improve our support for NSF wrong direction. dedicated solely to supporting funda- fundamental research and education Lastly, I think there is one provision mental scientific research. While it programs in future years. I certainly in this bill which is especially mean represents a relatively small part of encourage the administration and the and that is the funding level for legal the overall budget, it is an extremely President to increase their funding re- services. Legal services is the program important part. NSF funding accounts quest for the National Science Founda- that we provide in order to enable indi- for one-fifth of all Federal support for tion in the next budget that we will gent people to have some access to basic research and 40 percent of phys- process next year. civil courts, and yet this bill reduces ical science research at academic insti- Mr. MOLLOHAN. Madam Speaker, I funding for legal services below last tutions. yield such time as he may consume to year’s level.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25589 As I said in the conference, every day On the issue of legal services, we are We have got to change State laws we come onto this floor and we pledge above the administration’s request, but and Federal laws, but it takes support; allegiance to the flag, and at the end of I understand what the gentleman is and this committee has been very re- that pledge, we talk about our dedica- saying. I am somewhat sympathetic to sponsive, and I am grateful for that; tion to providing ‘‘liberty and justice it, too. But for the record, we are $12.5 and I think the House should support for all’’. I do not think anybody can million above the administration’s re- this continued effort to fight meth- stand on this floor with a straight face quest. But the gentleman’s comments amphetamine production in this coun- and say that anymore. I think, if you are telling. try. vote to cut legal services, what you are On the issue of oversight on the war, Mr. MOLLOHAN. Madam Speaker, I really saying is that we stand for lib- I agree with the gentleman. I have been yield such time as he may consume to erty and justice ‘‘for those who can pay to Iraq three times, and I have come up the gentleman from New York (Mr. for it’’. with a proposal asking the administra- SERRANO). There is no member of the I do not think that is what this coun- tion to have fresh eyes on the target, 10 minority of our subcommittee who has try is supposed to be all about. By the people who are men and women of in- made a greater contribution to the ju- time you take into account not just tegrity and honesty and character to risdictions, to the funding in our bill the nominal number in this bill for go and come back and report. than he. Mr. SERRANO. Madam Speaker, I legal service, but when you take into b 1330 account the across-the-board cut that thank the gentleman for yielding me has already been applied, and when you So I think the gentleman is right. I this time and for the very kind words. add to that the additional across-the- feel very strongly we should have I rise in support of the conference re- board cut which is expected to be ap- major oversight on the operation of the port, and I congratulate the gentleman plied at some point in the process be- war. Also, I think the administration from Virginia and the gentleman from fore we are finished, you have substan- has to do a better job, and I think over- West Virginia for not only the way in tially weakened funding for legal serv- sight would tell this if it were to come which they continue to work together ices. I think that is an indefensible back and tell the ramifications of fail- but the way in which they work with thing to do. ure. I think should we fail in Iraq, the all members of the subcommittee and, I would point out that these reduc- ramifications to this country are very indeed, all Members of the House. tions are being made at the same time serious with regard to terrorism. So by I am especially pleased that we were that NASA is being given upwards of $2 having oversight, I think those rami- able to fund the Census Bureau at the billion to deal with a manned mission fications would come out. But I agree higher House level. This will allow for to Mars. I have nothing against going with Mr. OBEY. I think there should be the continuation of the important to Mars. I think in the long term it is much more aggressive oversight. American Community Survey which a wonderful expansion of the human Madam Speaker, I yield 2 minutes to provides accurate and up-to-date infor- endeavor. But I do believe that to add the gentleman from Tennessee (Mr. mation on housing, demographic and that kind of funding to NASA for a WAMP). socioeconomic conditions in our coun- Mars mission and to make the kind of Mr. WAMP. Madam Speaker, I rise in try. As we know, there was a period of tax cuts for the most wealthy people in support of this conference report with time there during conference negotia- this society that the Congress is going deep gratitude to the ranking member tions where this program was in dan- to be supporting in the coming days, and the chairman and excellent staff ger. while at the same time we are cutting work. I believe that Chairman WOLF, I am also glad that NOAA was funded legal service funds for the indigent, while he does not like for people to at a higher level than that included in cutting aid for local and State law en- talk about him, is a man of conscience, the House bill. In the aftermath of the forcement grants, I think that rep- and I believe that the God who created recent hurricanes, we all recognize the resents a wrong set of priorities. I us speaks to us and through us through important role of our National Weather think it is taking us in the wrong di- our conscience, and I am grateful that Service. rection. he is so sensitive to the needs of hu- This is the first year, Madam Speak- I note that this subcommittee has manity. er, that the Science portfolio was been reorganized at the demand of the We talk a lot about terror. There is added to this subcommittee’s jurisdic- ex-majority leader on the other side of terror in a lot of homes in this country tion, and I am satisfied that both the aisle, Mr. DELAY, who last year, because methamphetamine production NASA and the National Science Foun- representing Houston, wanted to see to has crept into our communities, par- dation received more funding than was it that NASA had a clear track to fund- ticularly in rural America. It hit Ten- appropriated in 2005. NASA has a vital ing increases. So he did a very effective nessee really hard. And in this bill, the role in maintaining our Nation’s lead- job of representing his district by mov- staff and the chairman and the ranking ership in science and technology ing NASA into this subcommittee member have responded very well, and through its educational programs, in where it has to compete against pro- I am grateful for that because we have particular, and in its broad portfolio of grams such as I have just mentioned. got to attack this problem. At a time university-based research. I am happy And as a result, NASA is at the front of of need to tighten our belts and get that the National Science Foundation’s the train and some of these other prior- back towards a balanced budget, we funding will allow for the continuation ities are at the back of the train. I re- have to do some things, or it is going of their education programs, which gret that. to cost us a whole lot more later. benefit so many of our students. I do appreciate very much the dedica- In Tennessee we started with a U.S. I am also pleased that the State De- tion that the gentleman has shown to Attorney-led partnership of local, partment funding was provided so that the science budget. I think the Na- State, and Federal governments and a there would be worldwide security im- tional Science Foundation is one of the task force that has now grown to the provements. We must always be vigi- keys to our future economic growth. I whole State, and it is a model for the lant in guarding the safety of those congratulate him for that. But in the Nation on cooperation between local, who so ably represent us both here and end, for the reasons I have cited, I am State, and Federal governments so abroad. going to feel constrained to cast a ‘‘no’’ that they can interdict, they can actu- The FBI is the biggest winner in this vote on the passage of the conference ally get a conviction, not just an in- bill, receiving an increase of $547 mil- report. dictment but a conviction; and we now lion; and as the chairman knows and Mr. WOLF. Madam Speaker, I yield are second in the Nation in attacking the ranking member knows, I have al- myself such time as I may consume. this problem and busting these labs ways felt that the FBI should get what- I appreciate the comments of the and running these people back into the ever resources it needs. But I would be gentleman from Wisconsin (Mr. OBEY). woods. remiss, Madam Speaker, if I did not

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25590 CONGRESSIONAL RECORD—HOUSE November 9, 2005 briefly mention that I have been trou- were zeroed out in the President’s there is an element in this bill that is bled by many of the bureau’s practices budget. It was a tremendous effort to so important for this country because of late, including its handling of the get any money back in there for Byrne it affirms the notion that the first ‘‘A’’ Filiberto Ojeda-Rios incident in Puerto grants. And for those who do not know, in NASA, National Aeronautics and Rico, which should not have resulted in Byrne grants basically support local Space Administration, ‘‘aeronautics,’’ his killing. I am also concerned about law enforcement as we attack the is critical to the agency’s success. And the FBI’s ever-increasing use of na- methamphetamine problem. in that connection I want to thank tional security letters. As the FBI con- The gentleman from Tennessee (Mr. Chairman WOLF and I want to thank tinues to adjust to its new powers and WAMP) talked about meth a little bit Ranking Member MOLLOHAN for their responsibilities, I hope that we in this earlier, and I would like to just take a hard work and their support to that country will continue to scrutinize the second to show people graphically what end. FBI’s activities to ensure that we do has happened in regard to this problem. We have been working for the better not witness repeats of the abuses that In 1990 there were two States, Cali- part of this year to make certain that have tainted the organization in the fornia and Texas, that each had more aeronautics was recognized as being past. than 20 methamphetamine labs. The critical; and without the help of the en- Before closing, let me just say that I rest of the country was relatively free tire Ohio delegation on both sides of have often said in subcommittee, of this problem. Then we look at what the aisle, without the help of Chairman Madam Speaker, that if in the process is present in 2004, and we see the spread WOLF, without the help of Ranking of getting the bad guys, we throw away of methamphetamine from west to Member MOLLOHAN, we would not be the Constitution and take away the east, just a few States in the northeast here at this exact moment pointing out civil liberties of the good guys, then that are preserved to some degree from that this bill represents a victory for the terrorists would have won and we meth, and that will soon change, I am aeronautics. as a Nation would have lost. With that certain. Aeronautics research and develop- in mind, I support the conference re- In most of these counties in most of ment has drastically improved our na- port, and I ask for its passage. these States in the western and the tional security, our air safety, our Mr. WOLF. Madam Speaker, I thank central part of the United States, more economy, and our environment. the gentleman from New York for his than half of the jail cells are now occu- NASA’s field centers, such as the Glenn comments and for his friendship and pied by meth addicts or people who Research Center in Cleveland, are for working together as we have over have had meth-related crimes. I would where the actual basic research is the years. say more than half of the child deaths, done. There we will find unique re- Madam Speaker, I yield 3 minutes to child assaults, foster care cases in search facilities, some of the best sci- Coach OSBORNE, a Member of Congress these regions are due to methamphet- entists and engineers of our time, and from Nebraska. As I was looking over, amine abuse. a track record of discovery for the pub- I thought of another great coach. This So we really appreciate the restora- lic good that is the envy of the world. is a great coach. Another great coach tion of these funds. It is not what ev- One of the secrets to NASA’s success is Joe Paterno, who, when I watched erybody would like, but it is certainly has been its dual emphasis on both the game on Saturday, and I do not going to keep these law enforcement space and aeronautics. A successful know if the gentleman from Nebraska people going for a period of time. space program is heavily dependent on watched the game, the announcers Also, this conference report provides a strong aeronautics program. Indeed, kept saying that he was 79 years old funds to clean up toxic material from we cannot get to space without first and wears white socks, but what they meth labs, which is much needed. navigating the atmosphere, and yet the did not keep talking about is he is a Above all, it encourages the Drug En- budget for fiscal year 2006 attempted to man of such honesty and integrity and forcement Agency to establish a meth- drastically cut funding for aeronautics character. I think the two of them amphetamine task force. Currently, we research. Recovery from that dev- must have been carved out of the same do not feel that the DEA has a com- astating loss would have taken decades thing. I am sorry the gentleman is prehensive plan to attack the problem and billions of dollars. going to be leaving here. of methamphetamine, which is really That is why I am so grateful to the Mr. OBEY. Madam Speaker, I object covering the whole country and is cer- chairman and to the ranking member to the gentleman’s words. He is re- tainly becoming more and more of a and all of my colleagues for the work minding me of a painful loss to Penn problem on the east coast. So this part that they have put into the bill and State. of the bill is excellent. I appreciate the showing that the members of the sub- Mr. WOLF. Madam Speaker, I forgot chairman’s work. I would like to thank committee share the deep affinity that my colleague is from Wisconsin. We are him one more time for his efforts. I have and that others have in appre- going to miss having Mr. OSBORNE Mr. MOLLOHAN. Madam Speaker, I ciation for a healthy, balanced Na- here, but we look forward to working yield 3 minutes to the distinguished tional Aeronautics and Space Adminis- with him as Governor of Nebraska. gentleman from Ohio (Mr. KUCINICH). tration. This recognizes that a healthy Mr. OSBORNE. Madam Speaker, I Mr. KUCINICH. Madam Speaker, I NASA requires strong field research thank the chairman for those kind thank the gentleman for yielding me centers like NASA Glenn. Strong field words. I guess I would like to recip- this time. centers, in turn, are dependent on their rocate by saying that I have worked I want to begin by saying that I physical facilities and, more impor- with a great many people in the House think that our ranking member, DAVID tantly, their talented workforce. and no one has been more responsive OBEY, has stated well the concerns that The bill protects the jobs and facili- and more interested in matters dealing many of us have with respect to some ties from cuts that are driven by what with law enforcement and children provisions of the bill that would, in accountants want instead of scientific than the chairman. So we really appre- this case, cut legal services to the poor; need and instead of engineering know- ciate it. and the stripping of the Sanders how. This bill stands in defense of aero- I am sorry that Wisconsin got beat, amendment was certainly a problem nautics, and it is a nod to the crucial but everybody has got to lose some- because that amendment would have role that aeronautics plays in so many time. Of course, Barry Alvarez is a prevented the search of library reading facets of our daily life. good friend of mine, too. records by PATRIOT Act law enforce- Mr. WOLF. Madam Speaker, I yield 3 I rise in support of the conference re- ment. So I understand the concerns minutes to the gentleman from New port, and I would like to particularly that have been expressed. York (Mr. BOEHLERT). thank Chairman WOLF for restoring On balance, though, I rise in support Mr. BOEHLERT. Madam Speaker, I some of the Byrne grant funds. As of the bill, and I am going to tell the thank the chairman and the ranking many people know, Byrne grant funds Members why: because I think that member of the subcommittee for their

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25591 outstanding work in very difficult, Mr. MOLLOHAN. Madam Speaker, I conferees did a good job with this bill given challenging times. But this measure thank the gentleman for his kind com- the allocation, and I especially appreciate the deserves our support, and I say that as ments. hard work of Subcommittee Chairman WOLF, chairman of the Science Committee. Madam Speaker, I am pleased to Ranking Member MOLLOHAN, and their highly So I have a special interest, because it yield 2 minutes to the distinguished competent and helpful staff. will bolster America’s science and gentleman from California (Mr. FARR), The Pew Oceans Commission and the U.S. technology enterprise, it will foster in- a member of the full committee. Commission on Ocean Policy both released novation, and boost U.S. competitive- Mr. FARR. Madam Speaker, I thank landmark reports within the past 21⁄2 years re- ness. the gentleman for yielding me this viewing the state of our oceans and the poli- Why do I support this bill? Let me time. cies we use to govern them. This was the first count the ways, and this is by no Madam Speaker, I rise today in sup- comprehensive review in over 30 years. Both means inclusive, but let me focus on port of the conference report on H.R. reports came to the same conclusion: Our the matters that I am most familiar 2862, the Science, State, Justice, Com- oceans and coasts are in a state of crises and with. It increases funding for the Na- merce and Related Agencies Appropria- we are loosing important goods and services tional Science Foundation to support tions Act. I think the conferees did an that they provide. At the top of the list of prob- more fundamental science and engi- incredibly good job, considering the lems causing this crisis is an under investment neering research. That is the fuel that tight allocations they had. And I want in the programs we use to manage the oceans drives the knowledge economy, and to thank the subcommittee chairman, and coasts. that is what drives the American econ- the gentleman from Virginia (Mr. From our oceans, Americans draw inspira- omy. It preserves the science and math WOLF), and the gentleman from West tion from the animals in its waters, make a liv- partnership program at NSF, designed Virginia (Ranking Member MOLLOHAN) ing on its sometimes turbulent surface, put to improve the performance of local and their highly competent staff. food on their tables, play on its beaches, and school systems in math and science Despite the good job, I would be re- benefit from the microscopic plants that pro- education at a time we have been chal- miss if I did not stand here and remind vide the majority of oxygen we breathe. For lenged as never before in our history. Congress of our need to deal with the many of these reasons and others, our oceans b 1345 recommendations that have been made are a critical, albeit often overlooked, eco- to us by very important organizations, It increases funding for the labora- nomic engine. The U.S. ocean economy in our U.S. Commission on Ocean Policy 1 tory programs for the National Insti- 2000 was almost 2 ⁄2 times larger than the ag- tute of Standards and Technology. that studies the oceans, and the Pew ricultural economy in terms of output and em- And what does NIST do in addition to Oceans Commission, a charitable trust ployed 11⁄2 times as many people. Ocean sec- performing advanced science and engi- which also studies the oceans, and ask tor employment is larger than every manufac- neering research? It develops the tech- our administration to propose an ade- turing industry. NOAA activities touch almost a nical standards that advance measure- quate budget for our ocean programs in third of the Nation’s gross domestic product, ment tools to help to keep American the future. and oceans and coasts contribute more than industry competitive. It preserves the It is so critical, as Americans depend $117 billion to American prosperity each year. very important Manufacturing Exten- on the oceans, when we think of all of If we are going to continue to obtain these sion Partnership, which helps keep the tourism from the beaches and the important benefits from our coasts and America’s small manufacturers glob- watchable wildlife. We make livings on oceans, we will need to implement the rec- ally competitive, improving U.S. man- sometimes turbulent surfaces, we put ommendations of the U.S. Commission on ufacturing productivity and saving food on America’s tables, we play on Ocean Policy to invest more in our oceans. I American jobs. It supports a balanced its beaches and so on. These are often call on the administration to propose a more program at NASA, including increased critical and overlooked in our eco- robust budget next year so that Americans will funding for aeronautics, as the pre- nomic engine, yet the U.S. economy in continue to benefit from the goods and serv- vious speaker mentioned; and it in- 2000 was almost 21⁄2 times larger, the ices our oceans provide. I also ask my col- creases funding for the National ocean economy, than the agriculture leagues here in the House to push for a budg- Weather Service, which provides life- economy in terms of the output, and et resolution next year that authorizes ade- saving forecasting of hurricanes and employed 1.5 times the number of peo- quate money to the Science, State, Justice, other extreme events. I need provide no ple. It encompasses huge activities. and Commerce accounts so that Chairman further example than Katrina. NOAA activities touch almost a third WOLF and Ranking Member MOLLOHAN will be At a time when government agencies of our Nation’s gross domestic product, able to put together a bill that adequately sup- at all levels were less than adequate and our oceans and coasts contribute ports programs that protect, maintain and re- with their response, the shining star in more than $117 billion to American store the health of our oceans. our crown was the National Hurricane prosperity each year. Unfortunately because of the tight allocation, Center and the National Weather Serv- So the issue here is really that we conferees were forced to cut many important ice. The Hurricane Center is under the have to put more effort into this, be- ocean programs, such as the National Marine Weather Service. They provided us cause if we do not, we are just stabbing Sanctuary Program, which is receiving a 30- with timely information well in ad- ourselves in the foot. The oxygen that percent cut from fiscal year 2005 funding lev- vance of the hurricane hitting the we breathe comes from the oceans, the els. In 1972, exactly 100 years after the first coast of the gulf. It is what was done future, the unexplored. It is frankly national park was created, the Nation made a with that information that created the more important that we explore the similar commitment to preserving its marine problems, not the information itself. oceans on this planet than we explore treasures by establishing the National Marine That was provided completely and in a Mars, yet we are putting more and Sanctuary Program. The Monterey Bay Na- timely manner. more money into that effort than we tional Marine Sanctuary plays a critical role My congratulations go to the gen- do into our own planet. protecting the ecologically and culturally im- tleman from Virginia and the gen- So I am thanking the committee for portant areas off my district in California while tleman from West Virginia. Under very job well done and hoping that next promoting sustainable use and educating the difficult circumstances, they have rec- year we can get a better mark on this. public about the marine environment. ognized that we have to establish some Madam Speaker, I rise today in support of The National Sea Grant College Program is priorities, and one of the high prior- the conference report on H.R. 2862, the being cut by 10 percent from fiscal year 2005 ities that they have both given and Science, State, Justice, Commerce, and Re- funding levels to $55.5 million, a cut of $5 mil- this House should be giving is to invest lated Agencies Appropriations Act 2006, but I lion from the House bill and $11.2 million from in the science enterprise. also strongly encourage both the administra- the Senate bill. From this cut, the U.S. will What is that all about? It is about tion and the House to invest more in the pro- loose major projects that assist coastal com- our future. It is about opportunity. It grams that protect, maintain, and restore the munities, including promoting coastal eco- is about jobs. health of our oceans in subsequent years. The nomic growth, improving the quality of marine

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25592 CONGRESSIONAL RECORD—HOUSE November 9, 2005 environments, educating students in marine As the conferees noted in the report, the tracking on television, what we sciences, and solving critical marine and Great and I quote: ‘‘The conferees recommend have had from this Administration Lakes resource programs. The U.S. Commis- that the Commission increase funding since Katrina for the poor people of the sion on Ocean Policy called for increasing the for the Lower Rio Grande Valley Flood Rio Grande Valley is a ‘‘Category 0’’ ef- National Sea Grant College Program by $20 Control Project above the $2,200,000 fort, and it is that effort that has to be million, and the President’s Ocean Action Plan contained in the President’s budget re- changed either in the supplemental ap- called for expanding the program. quest. Studies by the U.S. Section of propriation they currently have under The National Marine Protected Areas Center the IBWC conclude that the Rio Grande consideration, or in next year’s appro- is being cut by 50 percent from fiscal year Valley levees are deficient in height, priations bill, because every day we 2005 funding levels after the House bill called geologically flawed, and structurally wait, exposes tens of thousands of peo- for nearly level funding and the Senate bill unsound. The conferees expect the ad- ple to considerable danger. called for a slight increase. This center helps ministration in the upcoming budget Mr. MOLLOHAN. Madam Speaker, I protect the significant natural and cultural re- cycle to request sufficient funds to ad- am pleased to yield 2 minutes to the sources within the marine environment for the dress these needs.’’ distinguished gentleman from New benefit of present and future generations by And while that language is impor- York (Mr. WEINER). strengthening and expanding the Nation’s sys- tant, it does not provide the dollars Mr. WEINER. Madam Speaker, I tem of marine protected areas. An expanded necessary to fix this problem. It is lan- thank the ranking member and the and strengthened comprehensive system of guage similar to that adopted by the chairman. I offer my gratitude to both marine protected areas throughout the marine Lower Rio Grande Valley Development of them for the hard work they have environment would enhance the conservation Council, composed of all the govern- done in, once again, trying to fit many of our Nation’s natural and cultural marine her- ments in the three counties at the very programs into a very small package. itage and the ecologically and economically tip of the United States where it bor- There is a mystery buried deep in sustainable use of the marine environment for ders Mexico. this bill. This bill marks the end, the future generations. In asking for $10 million in construc- official end, of the COPS program. We The programs I highlighted today as well as tion moneys every year, they said, know that the chairman and ranking several other ocean programs are being cut ‘‘Without necessary improvements, the member were not the ones that led to when they need to be expanded. This is put- levee system could be overtopped or its demise. In fact, over the last several ting the well-being of many Americans at risk fail structurally at various locations, years, there has been an effort to, de- by jeopardizing the goods and services pro- leaving thousands homeless and cre- spite the fact that it has not been reau- vided by healthy oceans that drive our vast ating extensive property and environ- thorized, keep it going. ocean economic engine. mental damage to the region.’’ Now, we know that the COPS pro- Mr. WOLF. Madam Speaker, I reserve After a period of cronyism at the gram ends in this bill, but the question the balance of my time. IBWC, well-documented by the General is why. Let us try to figure out what Mr. MOLLOHAN. Madam Speaker, I Accountability Office, President Bush the motive is. yield 5 minutes to the distinguished replaced his first failed appointee with Well, could it be that it is not dis- gentleman from Texas (Mr. DOGGETT). an acting appointee. We had the tributed evenly, the police officers, the Mr. DOGGETT. Madam Speaker, I USIBWC’s Acting Commissioner down over 120,000 police officers hired in the thank the Gentleman for yielding me in the Rio Grande Valley last month. bill? This is an example of just some of this time, and I thank him and the He said in a meeting there that he the cities that have had officers hired Chairman of the Committee for their needed $10 million a year, not for the under the COPS program. This is per- long labors on what is a $57.8 billion agency, but for construction, and a haps the most democratic, with a small bill. total of $125 million over 10 or 11 years ‘‘d’’, bill you can imagine, COPS in My concern is with what many might in order to solve this problem. Madam small police departments in rural areas view as a mere footnote to this bill, the Speaker, $2.2 million is about a fifth of and large big cities. budget of a tiny federal agency that what is needed in construction every Perhaps it was that the COPS pro- gets not billions, but only $5.3 million, year for the next 10 years if we are gram was eliminated because it was with an ‘‘m,’’ out of this huge budget. going to resolve this problem. not working. Well, that certainly was But the budget of that tiny federal Earlier this year, we had Hurricane not the case. Crime has been reduced agency and a whim of nature are all Emily. It hit about 35, 50 miles south of every year since the COPS program that stand between tens of thousands the area that I am talking about. It was put into place. The GAO did a of Texans along the southern tip of our was a mere Category 1, yet it caused study looking at the correlation be- country and disaster. extensive flooding along some of these tween COPS hiring and the reduction These are hard-working people along levees. As all of America knows, we in crimes and concluded that over a the Lower Rio Grande River Valley in have had so many hurricanes this year, quarter of a million indexed crimes one of the economically poorest parts we have run out of names, and it is were not committed because of the of this country. But the threat of dis- forecast to only get worse this year COPS program. aster to them is every bit as real as and the year after that as we go Maybe it is because the program is what we saw played out on our screens through this cycle in the Gulf of one no longer needed. Well, the former in the aftermath of Hurricane Katrina hurricane after another. head of the Department of Homeland in New Orleans. If we have even a category 3 hurri- Security, Tom Ridge, once famously This bill fails to deal adequately with cane, we will overtop these levees said that homeland security starts in that problem. I believe that the Com- along 38 miles. If we have a Hurricane our hometown. Everyone is saying we mittee recognized the Valley’s need in 5 like Katrina, it will be 102 miles that need more and more first responders, the language that it added to the re- are overwhelmed. This is just one small not fewer. port that accompanies this bill. I can- section along the Rio Grande. So the COPS program in this bill not fault the Committee, though I do But I just want it clear that this ad- meets its demise, a successful program. not agree with the result. This report ministration and this Congress has in We do not quite know why it is ending. includes the same dollar amount that living color the recommendations of We are grateful to the chairman and the House had already approved and their own agency showing where the ranking member for having it go on the Senate had already approved, levees will be topped up to 9 feet over this long. which is 100 cents on the dollar of what the existing levees; 6, 5, 4, 3 feet, what- But we do have a chance to resusci- President Bush requested. But the ever it is, it is an amount of water tate it. The House has passed the reau- amount of money requested is not an pouring over these levees. While we can thorization of the Justice Department adequate amount to protect people talk about categories of hurricanes and bill. We are awaiting action in the Sen- from a very real danger. whether it is a 5 or a 4 or a 3 and follow ate. In that bill we authorized the

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And I back to life. about a third of what the agency itself understand we need their cooperation I would urge my colleagues to think says is needed, not just this year, but in order for your committee to move about whether or not at this time of each year for the next 10 years. forward. Thank you for your interest. heightened national security concern, b 1400 Mr. WOLF. Well, we will try to help we want the COPS program to end. you. We will send a letter, and in the Mr. WOLF. Madam Speaker, I see the Mr. WOLF. Well, we are going to do letter that we will send maybe Mr. gentleman from Texas (Mr. DOGGETT), a letter. I would urge the gentleman to MOLLOHAN will sign it with me. We will and if he would not leave the floor, I get a meeting to get the commission to send you a copy of it. just wanted to comment on what he come up to your office. We will have a Madam Speaker, I reserve the bal- was commenting on, so I yield myself staff person come by. Also get the ance of my time. such time as I may consume. State of Texas, also do not forget about Mr. MOLLOHAN. Madam Speaker, I In the report on that Commission, Mexico, to get them to come by and try yield 2 minutes to the distinguished and Mr. DOGGETT spoke to me about it, to bring it to a head. I think that is a gentlewoman from Texas (Ms. JACK- what you said did not kind of jibe com- more constructive way than just say- SON-LEE). pletely with regard to our conversa- ing this bill is not very good. I thought Ms. JACKSON-LEE of Texas. Madam tion. But the statement accompanying we had with this language forced them Speaker, I thank the ranking member, the conference report says, ‘‘Within the to address the issue. We will send a let- and I do thank the chairman. This is amount for the water quality program, ter. an interesting mix of a committee, the the conferees recommend that the But if this were my congressional State, Justice, Commerce and related Commission increase funding for the district, I would have them up here. I agencies; and I acknowledge that the Lower Rio Grande Flood Control would ask the State Department to amount is up to $4.9 billion from the Project above the $2.2 million con- come down and walk with you. I would request of $4.7 billion. Let me quickly tained in the budget request.’’ So we go to Mexico and be on the other side. point out some areas that I wish we did ask for them to go above the re- I would have a letter to President had more money, but I am grateful and quest. Vicente Fox. I would have a letter to want to emphasize the value and this Secondly, we say ‘‘Studies by the Secretary Rice. So there is a lot that is, of course, NOAA that played a piv- U.S. section of the IBWC conclude that you have to do. otal role and could play an even great- Rio Grande Valley levees are deficient Mr. DOGGETT. If the gentleman will er role as we begin to see climatic in height, geologically flawed, and yield, let me just assure him I have changes and see storm surges create structurally unsound. The conferees done all those things short of walking the devastation of the gulf coast. expect the administration in the up- in Mexico because this only covers the This is an important agency and the coming budget cycle to request suffi- cost of repairing the U.S. side of the monies included certainly are welcome cient funds to address these needs. levees. It does not concern any repairs and arguably, I hope, we will see addi- Also, the conference directs that to the Mexican side. tional dollars. The $1.3 billion for inter- $250,000 be made available for the Rio Mr. WOLF. What do they do? What national peacekeeping certainly is val- Grande Canal Project.’’ This is an in- does Mexico do? uable, and I hope that the emphasis is crease over the construction amount. Mr. DOGGETT. Well, Mexico, I think on peacekeeping. I would hope that Secondly, we plan on doing a letter, if they see that we are moving to raise some of those dollars could be used in because the country of Mexico is in- the levees on the American side, they transitioning our military out of Iraq volved. Texas ought to be involved, but will be caused to take action on the and putting in peacekeeping forces by torching something, it does not al- Mexican side. This is simply, the cost that would combine with our allies ways get it done. I think it has to kind that I have talked about is only the over this crisis that we have. of come together. U.S. side of the levees. It is not the I am grateful that NASA is funded. Mr. DOGGETT. Madam Speaker, will Mexican side of the levees. That is In times of trouble, I know that we the gentleman yield? their responsibility to act on that. look to agencies like this, but I am Mr. WOLF. I yield to the gentleman Mr. WOLF. But if it goes on one side grateful for that funding and also for from Texas. does that not impact on the other side? the National Science Foundation and, Mr. DOGGETT. Madam Speaker, the Mr. DOGGETT. That is why I say, in particular, the small business. language the gentleman quotes is the naturally, the kind of budget chal- What I do want to bring to my col- same language that I quote. I applaud lenges they face in Mexico, if they say leagues’ attention are two points. One, the committee for adding that in there. we are raising our side to meet this I am sorry that we did not include the The problem is that the total amount flood problem, we believe that they language that would prohibit the FBI of money for the agency was not will act to raise it on their side also. under the PATRIOT Act from access- changed, and to get any more than $2.2 Mr. WOLF. Well, I would like to chal- ing library circulation records. And I million, they will be taking it out of lenge the gentleman to really pull to- hope we can fix that. I really do. After existing projects that they have on the gether. I will try to come to the meet- the backdrop of the national security Colorado River. And the head of the ing or get some staff people to come. letters, we know that the FBI, we have agency is saying they need five times Bring in the Mexican ambassador. Do a great deal of respect for them and as much as the President asked for. something rather than just coming their homeland security role; but we Mr. WOLF. Who did they say that to? down and doing that. But do some- need the protection of civil liberties as Is that in writing somewhere? thing. Get the Mexican ambassador to well. Mr. DOGGETT. Yes, I think it is in come on in. Have somebody from the I would also say to my good friend, writing. It is in the cost estimates or State Department. Bring them on up. one of the issues that I have been in the reports that have already been Go down there. Walk it. Do everything studying for a number of years is, if forwarded up to the State Department. you possibly can, because you certainly you will, the population of elderly pris- But I do not think they were ever for- do not want something to happen oners who are in the Federal prisons. warded to the committee. whereby people die in a flood. They are nonviolent. They are in there I applaud the committee concerns Mr. DOGGETT. I accept that chal- for nonviolent offenses. And we have about this and the language that they lenge already having done most of been working on what we call the Good added, and I am glad the gentleman that. It has not just been my request, Time Early Release program that

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25594 CONGRESSIONAL RECORD—HOUSE November 9, 2005 would release individuals over the age jected the Administration’s efforts to cut fund- The history of our space program has of 40 to 45 on good behavior. And I be- ing for NASA’s Aeronautics Research pro- shown that money spent by our taxpayers on lieve that this is an issue that is long gram. NASA is an investment in the technologies overdue. I hope that we can work on While the bill provides a slight decrease in that drive not only our exploration of the un- authorization, but also appropriations funding for the Commerce Department, I am known, but our economy here on Earth. to look at this issue. I ask my col- pleased to see significant funding increases Since its earliest days, NASA has blazed leagues to support the conference. for the Economic Development Administration the trails of rocketry, satellite technology, aero- Mr. GORDON. Madam Speaker, I am very and NOAA, as compared to House-passed space engineering, telecommunications, and pleased that the joint explanatory statement of funding levels. even produced health care miracles from the the Committee of Conference designated One program of particular interest to me MRI to the portable x-ray machine. $360,000 under the COPS Methamphetamine and our community in Houston is NOAA’s The earthbound application of these Enforcement and Clean-up for the Tennessee Coastal and Estuarine Land Protection Pro- spacebased innovations has transformed the Methamphetamine Detection and Remediation gram. This program exists to protect important way we live our lives, do our jobs, and com- Research. coastal and estuarine areas that have signifi- municate with each other and the rest of the Tennessee Technological University will use cant conservation, recreation, ecological, or world. President Bush’s vision, already being im- this funding to develop mobile equipment that historical values and are threatened by devel- plemented by new NASA Administrator Mike can help law enforcement detect and analyze opment or conversion. Griffin and his excellent staff, will rededicate environmental hazards associated with clan- In Houston, we are involved in an effort to our space program to its original, exploratory destine meth labs. preserve the Buffalo Bayou, which is the his- mission. Since 1999, the number of meth labs in toric waterway on which the Allen Brothers Today’s bill provides more than $16 billion Tennessee has increased by more than 500 founded Houston in 1836. NOAA’s Coastal for our space program. percent. And, more than 1,300 labs were and Estuarine Land Protection Program has It fully funds the ongoing work of the still seized last year in Tennessee alone, the most allowed us to partner with the Trust for Public vital and necessary space shuttle program and of any state in the Southeast. Land to conserve critical tracts of land along the other first-stage components of the presi- We have all read the news stories about il- the Buffalo Bayou in order to further our con- dent’s vision for space at more than $3.1 bil- legal homemade labs being set up inside servation efforts. lion. houses, apartments, and even in the trunks of For the past two years, Congress has sup- And with this funding—a mere 1.5 percent cars. Too often you hear about one of these ported our land acquisition funding requests to increase from last year—we have also pro- labs exploding, injuring the meth cooks, as help revitalize the Buffalo Bayou in a manner vided the NASA Administrator the flexibility he well as children inside the home, or even inno- that balances the need to conserve the Bay- needs to manage his agency’s ever-shifting cent bystanders. These volatile labs pose a ou’s wetlands and waterways with the rec- needs and challenges. threat to the entire community. Tennessee reational and business development needed to Fully funding NASA means fully trusting the Tech University will collaborate with the law transform the Buffalo Bayou into an active and courage and brilliance of NASA’s people, from enforcement community to address this critical vibrant urban waterfront center. astronauts to engineers to support staff, all problem. To date, congressionally-appropriated funds who are focused on completing the first stage Once again, I am very grateful to the con- have played a significant role in the develop- of work in the president’s vision: returning the ferees for providing this important funding for ment of Buffalo Bend Nature Park, which was shuttle to flight, completing the International Tennessee Tech University. recently dedicated and has provided residents Space Station, developing the next generation Mr. GENE GREEN of Texas. Mr. Speaker, of my district with increased greenspace and space vehicle, and advancing the other as- I rise today in support of this bill to fund the recreational opportunities. pects of NASA’s critical mission. Departments of Commerce, Justice, and In this bill, Congress appropriated $750,000 I have that trust, and this conference report State, as well as NASA and the National for the acquisition of two tracts of land, fund- shows that the American people do, too. Science Foundation. ing that will further the goals of the Buffalo I urge all my colleagues to support this leg- In crafting this legislation, our appropriators Bayou master plan. Land along the Buffalo islation. Mr. ALLEN. Madam Speaker, although I faced the difficult task of adequately funding Bayou will be purchased to expand Hidalgo support the Science-State-Commerce-Justice many national priorities. On balance, they did Park, which sits in a historically Hispanic com- Appropriations conference report, I rise today a remarkable job and have produced a bill munity that has traditionally lacked park land. to call attention to the need for more funding worthy of our support. Through this acquisition, Hidalgo Park will be for our coasts and oceans. This bill increases funding for many impor- linked to Buffalo Bend Nature Park, enhancing When, together with Representatives tant Justice Department programs and in- residents’ recreational and environmental ex- WELDON and FARR and former Congressman cluded a 9 percent increase for the Federal perience along the bayou. Jim Greenwood, I co-founded the Bipartisan Bureau of Investigation and a 6 percent in- The funding will also allow the City of Hous- House Oceans Caucus in 1999 in order to in- crease for both the U.S. Marshals Service and ton to purchase land along Brays Bayou, be- form my colleagues about the oceans, we the Drug Enforcement Agency. ginning at the confluence of Brays Bayou and faced major policy challenges. Americans For sure, there are programs that we would Buffalo Bayou and stretching to Mason Park, were faced with declining fish stocks, beach all like to see funded at higher levels. I am less than a mile away. This area is a prime lo- closures due to poor water quality, and laws particularly disappointed to see reduced fund- cation for a greenbelt park, the development that were inadequate to protect America’s ing for local law enforcement, Community Ori- of which would further the City’s plan for parks oceans. My constituents were asking why. ented Policing Services and juvenile justice connected by and along the city’s bayous. In 2000, Congress finally asked why also. programs; however, I am pleased that appro- I would like to thank appropriators in both The Oceans Act of 2000 called for a National priators did not accept the Administration’s re- the House and the Senate for recognizing the Commission on Ocean Policy and charged the quest to lump all of these programs into one value of these projects and positive impact Commissioners with conducting a nationwide broad Justice Assistance line. I also applaud they will make on the quality of life for my con- fact-finding mission on the state of our the conference committee for increasing funds stituents. With that, Madam Speaker, I encour- oceans. for Byrne grants and the State Criminal Alien age my colleagues to support this legislation. The goal was to develop policy rec- Assistance Program, both of which I have long Mr. DELAY. Madam Speaker, the Science- ommendations that would lead to a coordi- supported. State-Justice-Commerce conference report is nated and comprehensive national ocean pol- This is the first year that NASA has been a fiscally responsible, disciplined package that icy. The independent Pew Oceans Commis- funded in this legislation, which provided $16.5 meets our Nation’s needs while staying within sion underwent a similar process, touring the billion—or a 2 percent increase—for NASA. I our Nation’s means. country to listen to testimony from scientists, appreciate the committee’s support of NASA’s And we should be particularly happy that stakeholders, and others to identify the root efforts to develop a crew exploration vehicle conference negotiators have once again wise- problems threatening our nations’ oceans. that will eventually replace the Space Shuttle. ly chosen to fully fund NASA’s efforts to imple- The products of these two commissions are With Johnson Space Center in our community, ment President Bush’s vision for space explo- nothing short of remarkable. Two comprehen- we are certainly grateful that the committee re- ration. sive guides, based on the knowledge of our

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25595 nation’s experts, came to many comparable ciates. Prince George’s County Police esti- dents have been inspired to enter scientific conclusions. mate that there are 50 crews or gangs in that fields by stunning images from the heavens. Specifically, the two reports call on Con- county with a total of over 400 members. Offi- The funding for cooperative education pro- gress to increase our investment in the study, cials in Prince George’s County note a recent grams between NASA’s Jet Propulsion Lab- management, and protection of our oceans. increase in the number of Latino gangs and oratory and Griffith Observatory recognizes Relative to their size and economic’ value, report that the criminal activity of these gangs the importance of encouraging more students funding for ocean research and management has expanded to sophisticated car theft rings to enter scientific fields. pales in comparison for other natural resource and prostitution. With our commitment to the programs at programs. The federal government spends This funding will help the people of Mont- NASA’s Jet Propulsion laboratory, we are pur- over $10 billion to manage public lands and gomery and Prince George’s Counties fight suing both the human quest to understand our more than $16 billion on space exploration. the growing problem of gang violence and universe and the American quest for con- In 2001, the Pew Commission rec- teach young people that gang life is not the tinuing leadership in space exploration. ommended a doubling of the NOAA budget to road to success, but rather the path to prison. $6 billion over 5 years. Similarly, the U.S. It is important that we provide our law enforce- Mr. STUPAK. Madam Speaker, this week, Commission on Ocean Policy recommended ment officials, our teachers, and our commu- the House of Representatives passed the con- an additional $3.9 billion in new spending on nity leaders with the support they need as ference report to H.R. 2862, the FY 2006 top of what we already allocate to NOAA. Yet, they work to keep our youth safe from gangs Science, State, Justice, and Commerce Ap- the legislation we are debating today sets and teach them the long term consequences propriations bill on a vote of 397–19. NOAA’s budget for Fiscal Year 2006 at only of joining a gang. I voted for this conference report because it $3.95 billion. This level is only a modest in- Mr. SCHIFF. Madam Speaker, from the provides funding for important law enforce- crease of $28 million over funding levels en- dawn of civilization, man has peered out into ment agencies, including the Federal Bureau acted in FY ’05 ($3.92 billion total). the heavens and dreamt of exploring the vast of Investigation, the Department of Justice, Now I have a great deal of respect for the expanses of our universe. During the past half and the Drug Enforcement Agency. However, Chairman, Mr. WOLF, and the Ranking Mem- century, from America’s first satellite, the I was reluctant to support this conference re- ber, Mr. MOLLOHAN, and I know that they did grapefruit-sized Explorer I, to the International port during final passage because I was ex- the best they could with this bill under the tight Space Station now being built 200 miles tremely disappointed and concerned that this budget allocations that they were forced to above us, human beings have begun to learn legislation drastically cuts funds for the Com- deal with. In this conference report there are how to operate in the harsh environs of space. munity Oriented Policing Services program, or modest increases to fishery and coastal man- Our unmanned space probes—from the COPS program, and subsequently eliminates agement programs but these are unfortunately Ranger and Surveyor craft that paved the way all federal funding for the hiring of police offi- accompanied by cuts to other vital programs for Apollo to the Voyager spacecraft that ex- cers. The passage of this conference report such as marine sanctuaries, the Coastal and plored the outer planets—continue to increase has placed an undue burden on local law en- Estuarine Land Conservation Program, and our understanding of the universe. Everyone forcement’s ability to ensure the safety and the National Sea Grant Program. of the ambitious American space probes that security of our communities and our families. Our economy, security, and health all hinge has visited another planet has been managed H.R. 2862 contains only $478 million in on healthy ocean ecosystems. I look forward by NASA’s Jet Propulsion Laboratory (JPL) in funding for COPS, which is $120 million less to working with the Chairman and the Ranking Pasadena, California. than last year’s funding level. When the House Member on implementing the recommenda- It is for this reason, I am proud that the con- first considered H.R. 2862 on June 14, 2005, tions of the Ocean Commissions and investing ference report covering NASA operations in- I supported an amendment offered by Con- appropriately in our coasts and oceans in the cludes full support of the work of JPL on the gressman OBEY to increase the COPS funding FY 2007 budget. Mars exploration program and the Space level to $666 million. Unfortunately, the House Mr. VAN HOLLEN. Madam Speaker, I rise Interferometry Mission. chose to put our law enforcement and the to applaud the passage of the FY 2006 NASA’s Mars exploration program embodies safety of our street and communities at risk by Science-State-Justice-Commerce Appropria- the President’s vision for space exploration. It rejecting the amendment. tions Bill, which includes funding for Mont- will expand our knowledge of one of our gomery and Prince George’s Counties Joint neighbors in the solar system and pave the This conference report contains only $416 Gang Suppression and Prevention Initiative in way for a manned mission to Mars. NASA’s million for the Byrne Discretionary and Justice my district. I salute my colleague Mr. WOLF search for planets and life beyond our solar Assistance Grant Programs, also known as and thank him for his leadership on con- system is also having increasing and dramatic Byrne-JAG grants. This is $386 million less fronting the issue of gang violence in the success with more than 150 planets now dis- than the FY ’05 amount of $792 million. Washington metropolitan area. covered. With full funding, the Space Byrne-JAG grants provide vital funding for The federal funding approved today builds Interferometry Mission will examine over two multi-jurisdictional drug task forces, anti-drug on the ongoing work of the Joint County Gang thousand stars for planetary systems, fulfilling education programs, treatment programs, Prevention Task Force, which was established a critical step in the search for Earth-like plan- long-range corrections and sentencing strat- by the county executives of Montgomery and ets. egy programs, anti-terrorism training pro- Prince George’s Counties in February 2004. For their strong support of this vision, I grams, and for the enforcement of child abuse This funding will allow for the establishment of would like to thank Chairman LEWIS and Rank- and neglect laws, and the improvement the centralized anti-gang units within each coun- ing Member OBEY. I would also like to thank criminal justice systems’ response to domestic ty’s police force, enabling them to pursue a Chairman WOLF and Ranking Member MOLLO- and family abuse. When the House first con- zero-tolerance policy for gang violence. A HAN for meeting on several occasions to dis- sidered H.R. 2862, I offered a bipartisan cross jurisdictional community-based program, cuss the important work of JPL. amendment to increase Byrne-JAG grants serving youth and families, would be created In addition to expanding our reach into the funding, but unfortunately, my amendment to provide gang prevention education, men- depths of the universe, the space research failed to garner enough votes. toring, and outreach services. Critical after- program at JPL will have additional benefits As a former Escanaba city police officer and school programs would be funded for areas here on Earth. According to economists, in- Michigan State Trooper as well as co-chair of where there is a high incidence of gang activ- vestment in research and development has the Congressional Law Enforcement Caucus, I ity. one of the highest rates of return in the long- understand how much our local communities Law enforcement research shows that there run. While public investment in research and need and rely on COPS and Byrne-JAG grant are approximately 3,600 gang members in development in other nations has increased in program monies. Post-9/11, our Nation’s pub- Maryland, the District of Columbia and Virginia recent years, it has stagnated in the United lic safety officers are faced with more chal- and that there are nine major active gangs States. Full funding for the work at JPL dem- lenges than ever before in performing their du- and more than 100 additional crews region onstrates our continuing commitment to re- ties, and we must do everything in our power wide. Montgomery County Police estimate that search in the sciences. to support their effort. We should be providing there are 20 to 22 active gangs with approxi- The space exploration program also has an public safety officers with the resources nec- mately 540 to 560 active members and asso- impact on young people. Generations of stu- essary to keep our communities safe from

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25596 CONGRESSIONAL RECORD—HOUSE November 9, 2005 both terrorist threats and daily crime, and un- Responders in the ongoing efforts on home- right to privacy. This is the wrong message to fortunately this conference report short- land security. be sending to the citizens of the United changes these men and women who protect I am also concerned that this bill cuts the States. and serve our Nation. Small Business Administration’s 7(a) loan pro- Despite the bill’s serious shortcomings, it Mr. ETHERIDGE. Madam Speaker, I rise in gram. Small businesses are the backbone of contains important investments in federal re- support of the Fiscal Year 2006 Science, our nation’s economy, and now, when they search and development as well as law en- State, Justice, Commerce Appropriations act are struggling with a weak economy and the forcement and crime prevention initiatives. On because it includes several meritorious provi- high cost of fuel and transportation, is not the balance, this bill merits passage, and I urge sions, including a directive to the Federal time to reduce our support. my colleagues to join me in voting Yes. Trade Commission to investigate price And finally, I am sorely disappointed that the gouging by oil companies as well as continued Republican leadership has stripped out the Mr. WOLF. Madam Speaker, I would like to funding for Economic Development Assistance Freedom to Read provision that passed this submit for printing in the CONGRESSIONAL grants. House with strong bipartisan support on June RECORD the following table, which displays the Unfortunately, once again the House Re- 15th of this year, as it has in previous years. amounts provided in the conference report to publican leadership has slashed State and Despite the support of an overwhelming ma- accompany H.R. 2862, the Science, State, local law enforcement assistance grants de- jority of Members, the Administration threatens Justice, Commerce, and Related Agencies Ap- spite the growing responsibilities of our First to veto the bill because it protects people’s propriations Act, 2006.

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VerDate Nov 24 2008 13:52 Aug 07, 2009 Jkt 039102 PO 00000 Frm 00044 Fmt 0688 Sfmt 9920 E:\BR05\H09NO5.001 H09NO5 cprice-sewell on DSK89S0YB1PROD with BOUND RECORD Insert offset folio IDLA/9 here EH15NO05.009 25606 CONGRESSIONAL RECORD—HOUSE November 9, 2005 Madam Speaker, I yield back the bal- Sec. 202. Additional duty for the Assistant Sec- amended by adding at the end the following ance of my time. retary of Labor for Veterans’ Em- new section: The SPEAKER pro tempore (Mrs. ployment and Training to raise ‘‘§ 2107. Coordination of administration of awareness of skills of veterans BIGGERT). Without objection, the pre- benefits and of the benefits of hiring vet- ‘‘The Secretary shall provide for the coordina- vious question is ordered on the con- erans. tion of the administration of programs to pro- ference report. Sec. 203. Modifications to the Advisory Com- vide specially adapted housing that are admin- There was no objection. mittee on Veterans Employment istered by the Under Secretary for Health and The SPEAKER pro tempore. The and Training. such programs that are administered by the question is on the conference report. TITLE III—HOMELESS VETERANS Pursuant to clause 10 of rule XX, the Under Secretary for Benefits under this chapter, REINTEGRATION PROGRAM chapter 17, and chapter 31 of this title.’’. yeas and nays are ordered. Sec. 301. Reauthorization of appropriations for (d) CLERICAL AMENDMENT.—The table of sec- Pursuant to clause 8 of rule XX, fur- Homeless Veterans Reintegration tions at the beginning of such chapter of such ther proceedings on this question will Program. title is amended— be postponed. TITLE IV—TECHNICAL, CLARIFYING, AND (1) by inserting after the item relating to sec- f CLERICAL AMENDMENTS tion 2102 the following new item: ‘‘2102A. Assistance for veterans residing tempo- ANNOUNCEMENT BY THE SPEAKER Sec. 401. Technical and clarifying amendments to new traumatic injury protec- rarily in housing owned by family PRO TEMPORE tion coverage under member.’’; The SPEAKER pro tempore. Pursu- Servicemembers’ Group Life In- and ant to clause 8 of rule XX, the Chair surance. (2) by adding at the end the following new will postpone further proceedings Sec. 402. Technical and clerical amendments. item: today on the motion to suspend the TITLE I—HOUSING ASSISTANCE ‘‘2107. Coordination of administration of bene- fits.’’. rules on which a recorded vote or the SEC. 101. ADAPTIVE HOUSING ASSISTANCE FOR yeas and nays are ordered, or on which DISABLED VETERANS RESIDING (e) GAO REPORTS.—(1) Not later than three TEMPORARILY IN HOUSING OWNED the vote is objected to under clause 6 of years after the date of the enactment of this BY FAMILY MEMBER. Act, the Comptroller General shall submit to rule XX. (a) ASSISTANCE AUTHORIZED.—Chapter 21 of Congress an interim report on the implementa- Any record vote on the postponed title 38, United States Code, is amended by in- tion by the Secretary of Veterans Affairs of sec- question will be taken tomorrow. serting after section 2102 the following new sec- tion 2102A of title 38, United States Code, as f tion: added by subsection (a). ‘‘§ 2102A. Assistance for veterans residing tem- (2) Not later than five years after the date of VETERANS HOUSING AND EM- porarily in housing owned by family mem- the enactment of this Act, the Comptroller Gen- PLOYMENT IMPROVEMENT ACT ber eral shall submit to Congress a final report on OF 2005 ‘‘(a) In the case of a disabled veteran who is the implementation of such section. Mr. BOOZMAN. Madam Speaker, I described in subsection (a)(2) or (b)(2) of section SEC. 102. PERMANENT AUTHORITY TO MAKE DI- move to suspend the rules and pass the 2101 of this title and who is residing, but does RECT HOUSING LOANS TO NATIVE AMERICAN VETERANS. bill (H.R. 3665) to amend title 38, not intend to permanently reside, in a residence (a) PERMANENT AUTHORITY.—Section 3761 of United States Code, to authorize the owned by a member of such veteran’s family, the Secretary may assist the veteran in acquiring title 38, United States Code, is amended— Secretary of Veterans Affairs to pro- such adaptations to such residence as are deter- (1) in subsection (a)— vide adaptive housing assistance to dis- mined by the Secretary to be reasonably nec- (A) by striking ‘‘establish and implement a abled veterans residing temporarily in essary because of the veteran’s disability. pilot program under which the Secretary may’’ housing owned by a family member and ‘‘(b) The assistance authorized under sub- in the first sentence; and to make direct housing loans to Native section (a) may not exceed— (B) by striking ‘‘shall establish and implement American veterans, and for other pur- ‘‘(1) $10,000, in the case of a veteran described the pilot program’’ in the third sentence and in- in section 2101(a)(2) of this title; or serting ‘‘shall make such loans’’; poses, as amended. (2) in subsection (b), by striking ‘‘In carrying The Clerk read as follows: ‘‘(2) $2,000, in the case of a veteran described in section 2101(b)(2) of this title. out the pilot program under this subchapter, H.R. 3665 ‘‘(c) The assistance authorized by subsection the’’ and inserting ‘‘The’’; and Be it enacted by the Senate and House of Rep- (a) shall be limited in the case of any veteran to (3) by striking subsection (c). resentatives of the United States of America in one residence. (b) REPORTS.—Section 3762(j) of such title is Congress assembled, ‘‘(d) Assistance under this section shall be amended to read as follows: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. provided in accordance with such regulations as ‘‘(j) The Secretary shall include as part of the (a) SHORT TITLE.—This Act may be cited as the Secretary may prescribe. annual report required by section 529 of this the ‘‘Veterans Housing and Employment Im- ‘‘(e) No assistance may be provided under this title and as part of any annual benefits report provement Act of 2005’’. section after the end of the five-year period that of the Veterans Benefits Administration infor- (b) TABLE OF CONTENTS.—The table of con- begins on the date of the enactment of the Vet- mation concerning the cost and number of loans tents for this Act is as follows: erans Housing and Employment Improvement provided under this subchapter for each fiscal Sec. 1. Short title; table of contents. Act of 2005.’’. year.’’. (c) CONFORMING AMENDMENTS.— TITLE I—HOUSING ASSISTANCE (b) LIMITATIONS ON ADAPTIVE HOUSING AS- SISTANCE.—Section 2102 of such title is amend- (1) Section 3762 of such title is amended— Sec. 101. Adaptive housing assistance for dis- ed— (A) in subsection (a), by inserting ‘‘under this abled veterans residing tempo- (1) in the matter in subsection (a) preceding subchapter’’ after ‘‘to a Native American vet- rarily in housing owned by family paragraph (1)— eran’’; member. (A) by striking ‘‘shall be limited in the case of (B) in subsection (b)(1)(E), by striking ‘‘the Sec. 102. Permanent authority to make direct any veteran to one housing unit, and necessary pilot program established under this subchapter housing loans to Native American land therefor, and’’; and is implemented’’ and inserting ‘‘loans under this veterans. (B) by striking ‘‘veteran but shall not exceed subchapter are made’’; Sec. 103. Extension of eligibility for direct loans $50,000 in any one case—’’ and inserting ‘‘vet- (C) in subsection (c)(1)(B), by striking ‘‘carry for Native American veterans to a eran—’’; and out the pilot program under this subchapter in veteran who is the spouse of a Na- (2) by adding at the end the following new a manner that demonstrates the advisability of tive American. subsection: making direct housing loans’’ in the second sen- Sec. 104. Terminology amendments to revise ref- ‘‘(d)(1) The aggregate amount of assistance tence and inserting ‘‘make direct housing loans erences to certain veterans in pro- available to a veteran under sections 2101(a) under this subchapter’’; visions relating to eligibility for and 2102A of this title shall be limited to $50,000. (D) in subsection (i)— compensation or dependency and ‘‘(2) The aggregate amount of assistance (i) by striking ‘‘the pilot program provided for indemnity compensation. available to a veteran under sections 2101(b) under this subchapter and’’ in paragraph (1); TITLE II—EMPLOYMENT ASSISTANCE and 2102A of this title shall be limited to $10,000. (ii) by striking ‘‘under the pilot program and PROGRAMS ‘‘(3) No veteran may receive more than three in assisting such organizations and veterans in Sec. 201. Extension of operation of the Presi- grants of assistance under this chapter.’’. participating in the pilot program’’ in para- dent’s National Hire Veterans (c) COORDINATION OF ADMINISTRATION OF graph (2)(A) and inserting ‘‘under this sub- Committee. BENEFITS.—Chapter 21 of such title is further chapter and in assisting such organizations and

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25607 veterans with respect to such housing benefits’’; tive American veteran actually holds, possesses, under section 4110 of this title, furnish informa- and or purchases, using the proceeds of the loan, tion to employers (through meetings in person (iii) by striking ‘‘in participating in the pilot jointly with the Native American spouse of the with hiring executives of corporations and oth- program’’ in paragraph (2)(E) and inserting qualified non-Native American veteran, a mean- erwise) with respect to the training and skills of ‘‘with respect to such benefits’’. ingful interest in the lot, dwelling, or both, that veterans and disabled veterans, and the advan- (2) Section 8(b) of the Veterans Home Loan is located on trust land. tages afforded employers by hiring veterans Program Amendments of 1992 (Public Law 102– ‘‘(c) Nothing in subsection (b) shall be con- with such training and skills, and to facilitate 547; 38 U.S.C. 3761 note) is repealed. strued as precluding a tribal organization from employment of veterans and disabled veterans (d) ESTABLISHMENT OF MAXIMUM AMOUNT OF imposing reasonable restrictions on the right of through participation in labor exchanges (Inter- LOANS.—Section 3762(c)(1)(B) of title 38, United the qualified non-Native American veteran to net-based and otherwise), and other means.’’. States Code, is amended— convey, assign, or otherwise dispose of such in- (b) TRANSITION PLAN.—(1) The Secretary of (1) by striking ‘‘(B) The’’ and inserting ‘‘(B)(i) terest in the lot or dwelling, or both, if such re- Labor, acting through the Assistant Secretary of Subject to clause (ii), the’’; and strictions are designed to ensure the continu- Labor for Veterans’ Employment and Training, (2) by adding at the end the following new ation in trust status of the lot or dwelling, or shall develop a plan for the transition of the as- clause: both. Such requirements may include the termi- sumption of certain duties and functions of the ‘‘(ii) The amount of a loan made by the Sec- nation of the interest of the qualified non-Na- President’s National Hire Veterans Committee retary under this subchapter may not exceed the tive American veteran in the lot or dwelling, or by the Assistant Secretary in carrying out sec- maximum loan amount authorized for loans both, upon the dissolution of the marriage of the tion 4102A(b)(8) of title 38, United States Code, guaranteed under section 3703(a)(1)(C) of this qualified non-Native American veteran to the as added by subsection (a). Such plan shall in- title.’’. Native American spouse.’’. clude the identification of the activities and op- (e) TECHNICAL AMENDMENT.—Subsection (b) CONFORMING AMENDMENTS.—Section 3765 erations of the Committee that the Assistant (c)(1)(A) of section 3762 of such title is amended of such title, as redesignated by subsection (a), Secretary determines should be continued or ex- by inserting ‘‘veteran’’ after ‘‘Native Amer- is amended by adding at the end the following panded. ican’’. new paragraph: (2) Not later than July 1, 2006, the Secretary (f) CLERICAL AMENDMENTS.— ‘‘(5) The term ‘qualified non-Native American shall transmit to the Committees on Veterans’ (1) SUBCHAPTER HEADING.—The heading for veteran’ means a veteran who— Affairs of the Senate and House of Representa- subchapter V of chapter 37 of such title is ‘‘(A) is the spouse of a Native American, but tives the transition plan developed under para- amended to read as follows: ‘‘(B) is not a Native American.’’. graph (1). (c) CLERICAL AMENDMENT.—The table of sec- ‘‘SUBCHAPTER V—DIRECT HOUSING SEC. 203. MODIFICATIONS TO THE ADVISORY tions at the beginning of chapter 37 of such title LOANS FOR NATIVE AMERICAN VET- COMMITTEE ON VETERANS EMPLOY- is amended by striking the item relating to sec- ERANS’’. MENT AND TRAINING. tion 3764 and inserting the following new items: (a) COMMITTEE NAME.—(1) Subsection (a)(1) (2) SECTION HEADING.—The heading for sec- ‘‘3764. Qualified non-Native American veterans. of section 4110 of title 38, United States Code, is tion 3761 of such title is amended to read as fol- ‘‘3765. Definitions.’’. amended by striking ‘‘Advisory Committee on lows: SEC. 104. TERMINOLOGY AMENDMENTS TO RE- Veterans Employment and Training’’ and in- ‘‘§ 3761. Direct housing loans to Native Amer- VISE REFERENCES TO CERTAIN VET- serting ‘‘Advisory Committee on Veterans Em- ican veterans; program authority’’. ERANS IN PROVISIONS RELATING TO ployment, Training, and Employer Outreach’’. (3) SECTION HEADING.—The heading for sec- ELIGIBILITY FOR COMPENSATION (2) The heading of such section is amended to tion 3762 of such title is amended to read as fol- OR DEPENDENCY AND INDEMNITY read as follows: COMPENSATION. lows: Title 38, United States Code, is amended as ‘‘§ 4110. Advisory Committee on Veterans Em- ‘‘§ 3762. Direct housing loans to Native Amer- follows: ployment, Training, and Employer Out- ican veterans; program administration’’. (1) Section 1114(l) is amended by striking ‘‘so reach’’. (4) TABLE OF SECTIONS.—The table of sections helpless’’ and inserting ‘‘with such significant (3) The item relating to section 4110 in the at the beginning of chapter 37 of such title is disabilities’’. table of sections at the beginning of chapter 41 amended by striking the items relating to sub- (2) Section 1114(m) is amended by striking ‘‘so of such title is amended to read as follows: chapter V and sections 3761 and 3762 and insert- helpless’’ and inserting ‘‘so significantly dis- ‘‘4110. Advisory Committee on Veterans Employ- ing the following new items: abled’’. ment, Training, and Employer ‘‘SUBCHAPTER V—DIRECT HOUSING LOANS FOR (3) Sections 1115(1)(E)(ii), 1122(b)(2), Outreach.’’. NATIVE AMERICAN VETERANS 1311(c)(2), 1315(g)(2), and 1502(b)(2) are amended by striking ‘‘helpless or blind, or so nearly help- (4) Any reference to the Advisory Committee ‘‘3761. Direct housing loans to Native American established under section 4110 of such title in veterans; program authority. less or blind as to’’ and inserting ‘‘blind, or so nearly blind or significantly disabled as to’’. any law, regulation, map, document, record, or ‘‘3762. Direct housing loans to Native American other paper of the United States shall be consid- veterans; program administra- TITLE II—EMPLOYMENT ASSISTANCE ered to be a reference to the Advisory Committee tion.’’. PROGRAMS on Veterans Employment, Training, and Em- SEC. 103. EXTENSION OF ELIGIBILITY FOR DI- SEC. 201. EXTENSION OF OPERATION OF THE ployer Outreach. RECT LOANS FOR NATIVE AMERICAN PRESIDENT’S NATIONAL HIRE VET- (b) EXPANSION OF DUTIES OF THE COM- ERANS COMMITTEE. VETERANS TO A VETERAN WHO IS MITTEE.—Subsection (a)(2) of such section is THE SPOUSE OF A NATIVE AMER- (a) ONE-YEAR EXTENSION.—Subsection (f) of amended— ICAN. section 6 of the Jobs for Veterans Act (Public (1) in subparagraph (A), by inserting ‘‘and (a) EXTENSION.—Subchapter V of chapter 37 Law 107–288; 116 Stat. 2048) is amended— their integration into the workforce’’ after ‘‘vet- of title 38, United States Code, is amended— (1) by striking ‘‘60 days’’ and inserting ‘‘not erans’’; (1) by redesignating section 3764 as section later than 60 days’’; and (2) by striking ‘‘and’’ at the end of subpara- 3765; and (2) by striking ‘‘on December 31, 2005’’ and in- graph (B); (2) by inserting after section 3763 the fol- serting ‘‘not later than December 31, 2006’’. (3) by redesignating subparagraph (C) as sub- lowing new section: (b) ADDITIONAL AUTHORIZATION OF APPRO- paragraph (E); and PRIATIONS.—Subsection (g) of such section is ‘‘§ 3764. Qualified non-Native American vet- (4) by inserting after subparagraph (B) the amended by striking ‘‘2005’’ and inserting erans following new subparagraphs: ‘‘2006’’. ‘‘(a) Subject to the succeeding provisions of ‘‘(C) assist the Assistant Secretary of Labor (c) ADDITIONAL REPORT.—Subsection (e) of this section, for purposes of this subchapter— for Veterans Employment and Training in car- such section is amended by striking ‘‘and 2005,’’ ‘‘(1) a qualified non-Native American veteran rying out outreach activities to employers with and inserting ‘‘2005, and 2006,’’. is deemed to be a Native American veteran; and respect to the training and skills of veterans and ‘‘(2) for purposes of applicability to a non-Na- SEC. 202. ADDITIONAL DUTY FOR THE ASSISTANT the advantages afforded employers by hiring SECRETARY OF LABOR FOR VET- tive American veteran, any reference in this ERANS’ EMPLOYMENT AND TRAIN- veterans; subchapter to the jurisdiction of a tribal organi- ING TO RAISE AWARENESS OF ‘‘(D) make recommendations to the Secretary, zation over a Native American veteran is deemed SKILLS OF VETERANS AND OF THE through the Assistant Secretary of Labor for to be a reference to jurisdiction of a tribal orga- BENEFITS OF HIRING VETERANS. Veterans Employment and Training, with re- nization over the Native American spouse of the (a) IN GENERAL.—Subsection (b) of section spect to outreach activities and the employment qualified non-Native American veteran. 4102A of title 38, United States Code, is amended and training of veterans; and’’. ‘‘(b) In making direct loans under this sub- by adding at the end the following new para- (c) MODIFICATION OF COMMITTEE MEMBER- chapter to a qualified non-Native American vet- graph: SHIP.—(1) Subsection (c)(1) of such section is eran by reason of eligibility under subsection ‘‘(8) With advice and assistance from the Ad- amended to read as follows: (a), the Secretary shall ensure that the tribal or- visory Committee on Veterans Employment, ‘‘(c)(1) The Secretary of Labor shall appoint ganization permits, and the qualified non-Na- Training, and Employer Outreach established at least 12, but no more than 15, individuals to

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25608 CONGRESSIONAL RECORD—HOUSE November 9, 2005 serve as members of the advisory committee as 1032(a)(2) of Public Law 109–13 (119 Stat. 257), is results directly from a traumatic injury sus- follows: amended as follows: tained while the member is covered against loss ‘‘(A) Six individuals, one each from among (1) Subsection (a) is amended to read as fol- under this section and from no other cause. representatives nominated by each of the fol- lows: ‘‘(2)(A) A payment may be made to a member lowing organizations: ‘‘(a)(1) A member of the uniformed services under this section for a qualifying loss resulting ‘‘(i) The National Society of Human Resource who is insured under Servicemembers’ Group from a traumatic injury only for a loss that is Managers. Life Insurance shall automatically be insured incurred during the applicable period of time ‘‘(ii) The Business Roundtable. for traumatic injury in accordance with this specified pursuant to subparagraph (B). ‘‘(iii) The National Association of State Work- section. Insurance benefits under this section ‘‘(B) For each qualifying loss, the Secretary force Agencies. shall be payable if the member, while so insured, shall prescribe, by regulation, a period of time to ‘‘(iv) The U.S. Chamber of Commerce. sustains a traumatic injury that results in a be the period of time within which a loss of that ‘‘(v) The National Federation of Independent qualifying loss specified pursuant to subsection type must be incurred, determined from the date Business. (b)(1). on which the member sustains the traumatic in- ‘‘(vi) A nationally recognized labor union or ‘‘(2) If a member suffers more than one such jury resulting in that loss, in order for that loss organization. qualifying loss as a result of traumatic injury to be covered under this section. For quadri- ‘‘(B) Not more than five individuals from from the same traumatic event, payment shall be plegia, paraplegia, and hemiplegia, the period of among representatives nominated by veterans made under this section in accordance with the time so prescribed shall be 365 days.’’. service organizations that have a national em- schedule prescribed pursuant to subsection (d) (4) Subsection (d) is amended by striking ployment program. for the single loss providing the highest pay- ‘‘losses described in subsection (b)(1) shall be— ‘‘(C) Not more than five individuals who are ment.’’. ’’ and all that follows and inserting ‘‘qualifying recognized authorities in the fields of business, (2) Subsection (b) is amended— losses shall be made in accordance with a sched- employment, training, rehabilitation, or labor (A) in paragraph (1)— ule prescribed by the Secretary, by regulation, and who are not employees of the Department of (i) by striking ‘‘issued a’’ and all that follows specifying the amount of payment to be made Labor.’’. through ‘‘limited to—’’ and inserting ‘‘insured for each type of qualifying loss, to be based on (2) Subsection (d) of such section is amend- against traumatic injury under this section is the severity of the qualifying loss. The minimum ed— insured against such losses due to traumatic in- payment that may be prescribed for a qualifying (A) by striking paragraphs (3), (4), (8), (10), jury (in this section referred to as ‘qualifying loss is $25,000, and the maximum payment that (11), and (12); and losses’) as are prescribed by the Secretary by may be prescribed for a qualifying loss is (B) by redesignating paragraphs (5), (6), (7), regulation. Qualifying losses so prescribed shall $100,000.’’. and (9) as paragraphs (3), (4), (5), and (6), re- include the following:’’; (5) Subsection (e) is amended— spectively. (ii) by capitalizing the first letter of the first (A) by striking ‘‘of Veterans Affairs’’ each (d) REINSTATEMENT AND MODIFICATION OF RE- word of each of subparagraphs (A) through (H); place it appears; PORTING REQUIREMENT.—Subsection (f)(1) of (iii) by striking the semicolon at the end of (B) in paragraph (1), by striking ‘as the pre- such section is amended— each of subparagraphs (A) through (F) and in- mium allocable’’ and all that follows through (1) by striking the first sentence and inserting serting a period; and ‘‘protection under this section’’; the following: ‘‘Notwithstanding section 3003 of (iv) by striking ‘‘; and’’ at the end of subpara- (C) in paragraph (2), by striking ‘‘Secretary of Public Law 104–66, not later than December 31 graph (G) and inserting a period; the concerned service’’ and inserting ‘‘Secretary of each year, the advisory committee shall sub- (B) in paragraph (2)— concerned’’; and mit to the Secretary and to the Committees on (i) by striking ‘‘subsection—’’ and inserting (D) by striking paragraphs (6), (7), and (8) Veterans’ Affairs of the Senate and House of ‘‘subsection:’’; and inserting the following: (ii) by striking ‘‘the’’ at the beginning of sub- Representatives a report on the employment and ‘‘(6) The cost attributable to insuring members paragraphs (A), (B), and (C) and inserting training needs of veterans, with special empha- under this section for any month or other period ‘‘The’’; sis on disabled veterans, for the previous fiscal specified by the Secretary, less the premiums (iii) in subparagraph (A), by striking ‘‘4 year.’’; paid by the members, shall be paid by the Sec- limbs;’’ and inserting ‘‘four limbs.’’; (2) in subparagraph (A), by inserting ‘‘and retary concerned to the Secretary. The Secretary (iv) in subparagraph (B), by striking ‘‘; and’’ their integration into the workforce’’ after ‘‘vet- shall allocate the amount payable among the at the end and inserting a period; erans’’; uniformed services using such methods and data (3) by striking ‘‘and’’ at the end of subpara- (v) in subparagraph (C), by striking ‘‘1 side’’ and inserting ‘‘one side’’; and as the Secretary determines to be reasonable and graph (B); practicable. Payments under this paragraph (4) by redesignating subparagraphs (B) and (vi) by adding at the end the following new subparagraph: shall be made on a monthly basis or at such (C) as subparagraphs (C) and (F), respectively; other intervals as may be specified by the Sec- (5) by inserting after subparagraph (A) the ‘‘(D) The term ‘inability to carry out the ac- tivities of daily living’ means the inability to retary and shall be made within 10 days of the following new subparagraph: date on which the Secretary provides notice to ‘‘(B) an assessment of the outreach activities independently perform two or more of the fol- lowing six functions: the Secretary concerned of the amount required. carried out by the Secretary of Labor to employ- ‘‘(7) For each period for which a payment by ers with respect to the training and skills of vet- ‘‘(i) Bathing. ‘‘(ii) Continence. a Secretary concerned is required under para- erans and the advantages afforded employers by graph (6), the Secretary concerned shall con- hiring veterans; ’’; and ‘‘(iii) Dressing. ‘‘(iv) Eating. tribute such amount from appropriations avail- (6) by inserting after subparagraph (C), as so able for active duty pay of the uniformed service redesignated, the following new subparagraphs: ‘‘(v) Toileting. ‘‘(vi) Transferring.’’; concerned. ‘‘(D) a description of the activities of the advi- ‘‘(8) The sums withheld from the basic or sory committee during that fiscal year; (C) in paragraph (3)— (i) by striking ‘‘, in collaboration with the other pay of members, or collected from them by ‘‘(E) a description of activities that the advi- the Secretary concerned, under this subsection, sory committee proposes to undertake in the suc- Secretary of Defense,’’; (ii) by striking ‘‘shall prescribe’’ and inserting and the sums contributed from appropriations ceeding fiscal year; and’’. ‘‘may prescribe’’; and under this subsection, together with the income TITLE III—HOMELESS VETERANS (iii) by striking ‘‘the conditions under which derived from any dividends or premium rate ad- REINTEGRATION PROGRAM coverage against loss will not be provided’’; and justments received from insurers shall be depos- SEC. 301. REAUTHORIZATION OF APPROPRIA- inserting ‘‘conditions under which coverage oth- ited to the credit of the revolving fund estab- TIONS FOR HOMELESS VETERANS erwise provided under this section is excluded’’; lished in the Treasury of the United States REINTEGRATION PROGRAM. and under section 1869(d)(1) of this title.’’. Subsection (e)(1) of section 2021 of title 38, (D) by adding at the end the following new (6) Subsection (f) is amended to read as fol- United States Code, is amended by adding at the paragraph: lows: end the following new subparagraph: ‘‘(4) A member shall not be considered for the ‘‘(f) When a claim for benefits is submitted ‘‘(F) $50,000,000 for each of fiscal years 2007 purposes of this section to be a member insured under this section, the Secretary of Defense or, through 2009.’’. under Servicemembers’ Group Life Insurance if in the case of a member not under the jurisdic- TITLE IV—TECHNICAL, CLARIFYING, AND the member is insured under Servicemembers’ tion of the Secretary of Defense, the Secretary CLERICAL AMENDMENTS Group Life Insurance only as an insurable de- concerned shall certify to the Secretary whether the member with respect to whom the claim is SEC. 401. TECHNICAL AND CLARIFYING AMEND- pendent of another member pursuant to sub- MENTS TO NEW TRAUMATIC INJURY paragraph (A)(ii) or (C)(ii) of section 1967(a)(1) submitted— PROTECTION COVERAGE UNDER of this title.’’. ‘‘(1) was at the time of the injury giving rise SERVICEMEMBERS’ GROUP LIFE IN- (3) Subsection (c) is amended to read as fol- to the claim insured under Servicemembers’ SURANCE. lows: Group Life Insurance for the purposes of this (a) SECTION 1980A.—Section 1980A of title 38, ‘‘(c)(1) A payment may be made to a member section; and United States Code, as enacted by section under this section only for a qualifying loss that ‘‘(2) has sustained a qualifying loss.’’.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25609 (7) Subsection (g) of such section is amended— cerned, from funds then available to that Sec- section heading for a subsection therein (ap- (A) by inserting ‘‘(1)’’ after ‘‘(g)’’; retary for the pay of members of the uniformed pearing as a centered heading immediately be- (B) by striking ‘‘will not be made’’ and insert- services under the jurisdiction of that Secretary, fore the text of the subsection) so that such ing ‘‘may not be made under the insurance cov- shall pay to the Secretary of Veterans Affairs heading appears immediately after the sub- erage under this section’’; the amount of funds the Secretary of Veterans section designation and is set forth in capitals- (C) by striking ‘‘the period’’ and all that fol- Affairs determines to be necessary to pay all and-small-capitals typeface, followed by a pe- lows through ‘‘the date’’ and inserting ‘‘a pe- costs related to payments to be made under that riod and a one-em dash. riod prescribed by the Secretary, by regulation, certification. Amounts received by the Secretary (B) Section 3461(c) is amended by inserting for such purpose that begins on the date’’; of Veterans Affairs under this paragraph shall after the subsection designation the following: (D) by designating the second sentence as be deposited to the credit of the revolving fund ‘‘DURATION OF ENTITLEMENT.—’’. paragraph (2); in the Treasury of the United States established (C) Section 3462 is amended— (E) by striking ‘‘If the member’’ and inserting under section 1969(d) of title 38, United States (i) in subsection (d), by inserting after the ‘‘If a member eligible for a payment under this Code. subsection designation the following: ‘‘PRIS- section’’ ; (4) QUALIFYING LOSS.—For purposes of this ONERS OF WAR.—’’; and (F) by striking ‘‘will be’’ and inserting ‘‘shall subsection, the term ‘‘qualifying loss’’ means— (ii) in subsection (e), by inserting after the be’’; and (A) a loss specified in the second sentence of subsection designation the following: ‘‘TERMI- (G) by striking ‘‘according to’’ and all that subsection (b)(1) of section 1980A of title 38, NATION OF ASSISTANCE.—’’. follows and inserting ‘‘to the beneficiary or United States Code, as amended by subsection (9) CROSS REFERENCE CORRECTION.—Section beneficiaries to whom the payment would be (a); and 3732(c)(10)(D) is amended by striking ‘‘clause made if the payment were life insurance under (B) any other loss specified by the Secretary (B) of paragraphs (5), (6), (7), and (8) of this section 1967(a) of this title.’’. of Veterans Affairs pursuant to the first sen- subsection’’ and inserting ‘‘paragraphs (5)(B), (8) Subsection (h) of such section is amend- tence of that subsection. (6), (7)(B), and (8)(B)’’. ed— (e) FUNDING FOR FIRST YEAR OF BENEFITS.— (10) DATE OF ENACTMENT REFERENCE.—Section (A) in the first sentence, by striking ‘‘mem- Upon the date specified in subsection (b), the 3733(a)(7) is amended by striking ‘‘the date of ber’s separation from the uniformed services’’ Secretary concerned shall pay to the Secretary the enactment of the Veterans’ Benefits Act of and inserting ‘‘termination of the member’s duty of Veterans Affairs an amount that is equiva- 2003’’ and inserting ‘‘December 16, 2003’’. status in the uniformed services that established lent to one-half the amount anticipated to be (11) REPEAL OF OBSOLETE PROVISIONS.—Sec- eligibility for Servicemembers’ Group Life Insur- necessary to pay all costs related to payments to tion 4102A is amended (A) in subsection (c)(7)— ance’’; be made under section 1980A of title 38, United (i) by striking ‘‘With respect to program years (B) by striking the second sentence; and States Code, for fiscal year 2006, effective De- beginning during or after fiscal year 2004, one (C) by adding at the end the following new cember 1, 2005. The amount received by the Sec- percent of’’ and inserting ‘‘Of’’; and sentence: ‘‘The termination of coverage under retary of Veterans Affairs under this subsection (ii) by striking ‘‘for the program year’’ and in- this section is effective in accordance with the shall be deposited to the credit of the revolving serting ‘‘for any program year, one percent’’; preceding sentence, notwithstanding any con- fund in the Treasury of the United States estab- and lished under section 1969(d) of title 38, United tinuation after the date specified in that sen- (B) in subsection (f)(1), by striking ‘‘By not States Code. tence of Servicemembers’ Group Life Insurance later than May 7, 2003, the’’ and inserting (f) DEFINITIONS.—For purposes of this section, coverage pursuant to 1968(a) of this title for a ‘‘The’’. the term ‘‘Secretary concerned’’ has the mean- period specified in that section.’’. (12) REPEAL OF OBSOLETE PROVISIONS.—Sec- (9) Such section is further amended by adding ing given that term in paragraph (25) of section tion 4105(b) is amended— at the end the following new subsection: 101 of title 38, United States Code. (A) by striking ‘‘shall provide,’’ and all that ‘‘(j) Regulations under this section shall be (g) CONFORMING AMENDMENTS.—Section 1032 follows through ‘‘Affairs with’’ and inserting prescribed in consultation with the Secretary of of Public Law 109–13 (119 Stat. 257) is amend- ‘‘shall, on the 15th day of each month, provide Defense.’’. ed— the Secretary and the Secretary of Veterans Af- (b) EFFECTIVE DATE.—Section 1980A of title (1) in subsection (a), by striking paragraph fairs with updated information regarding’’; and 38, United States Code, as amended by sub- (1), including the amendment that would be (B) by striking ‘‘and shall’’ and all that fol- section (a), shall take effect on December 1, made by that paragraph effective December 1, lows through ‘‘regarding the list’’. 2005, and (except as provided in subsection (d)) 2005; and (13) CITATION CORRECTION.—Section 4110B is shall apply with respect to losses resulting from (2) by striking subsections (c) and (d). amended— traumatic injuries incurred on or after that SEC. 402. TECHNICAL AND CLERICAL AMEND- (A) by striking ‘‘this Act’’ and inserting ‘‘the date. MENTS. Workforce Investment Act of 1998’’; and (c) DEADLINE FOR IMPLEMENTING REGULA- Title 38, United States Code, is amended as (B) by inserting ‘‘(29 U.S.C. 2822(b))’’ before TIONS.—Regulations to carry out section 1980A follows: the period at the end. of title 38, United States Code, as amended by (1) TYPOGRAPHICAL ERROR.—Section 1117(h)(1) (14) CROSS-REFERENCE CORRECTION.—Section subsection (a), shall be prescribed not later than is amended by striking ‘‘nothwithstanding’’ and 4331(b)(2)(C) is amended by striking ‘‘section December 1, 2005. inserting ‘‘notwithstanding’’. 2303(a)(2)(C)(ii)’’ and inserting ‘‘section (d) APPLICABILITY TO PRIOR QUALIFYING (2) INSERTION OF MISSING WORD.—Section 2302(a)(2)(C)(ii)’’. LOSSES INCURRED IN OPERATION ENDURING 1513(a) is amended by inserting ‘‘section’’ after (15) CAPITALIZATION CORRECTION.—Section FREEDOM AND OPERATION IRAQI FREEDOM.— ‘‘prescribed by’’. 7253(d)(5) is amended by striking ‘‘court’’ and (1) ELIGIBILITY.—A member of the uniformed (3) DELETION OF EXTRA WORDS.—Section inserting ‘‘Court’’. services who during the period beginning on Oc- 3012(a)(1)(C)(ii) is amended by striking ‘‘on or’’. Amend the title so as to read: ‘‘A bill to tober 7, 2001, and ending at the close of Novem- (4) CROSS REFERENCE CORRECTION.—Section provide adaptive housing assistance to dis- ber 30, 2005, sustains a traumatic injury result- 3017(b)(1)(D) is amended by striking ‘‘3011(c)’’ abled veterans residing temporarily in hous- ing in a qualifying loss is eligible for coverage and inserting ‘‘3011(e)’’. ing owned by a family member, to make cer- for that loss under section 1980A of title 38, (5) STYLISTIC AMENDMENTS.—Section 3018A is tain improvements in veterans employment United States Code, as amended by subsection amended— assistance programs, and for other pur- (a), if, as determined by the Secretary con- (A) by striking ‘‘of this section’’ in subsections poses.’’. cerned, that loss was a direct result of a trau- (b) and (c); The SPEAKER pro tempore. Pursu- matic injury incurred in the theater of oper- (B) by striking ‘‘of this subsection’’ in sub- ant to the rule, the gentleman from Ar- ations for Operation Enduring Freedom or Op- sections (a)(4), (a)(5), (d)(1) (both places it ap- kansas (Mr. BOOZMAN) and the gentle- eration Iraqi Freedom. pears), and (d)(3); and (2) CERTIFICATION OF PERSONS ENTITLED TO (C) by striking ‘‘of this chapter’’ in subsection woman from Nevada (Ms. BERKLEY) PAYMENT.—The Secretary concerned shall cer- (d)(3) and inserting ‘‘of this title’’. each will control 20 minutes. tify to the life insurance company issuing the (6) CROSS REFERENCE CORRECTION.—Section The Chair recognizes the gentleman policy of life insurance for Servicemembers’ 3117(b)(1) is amended— from Arkansas (Mr. BOOZMAN). Group Life Insurance under chapter 19 of title (A) by striking ‘‘section 8’’ and inserting ‘‘sec- Mr. BOOZMAN. Madam Speaker, I 38, United States Code, the name and address of tion 4(b)(1)’’; and yield myself such time as I may con- each person who the Secretary concerned deter- (B) by striking ‘‘633(b)’’ and inserting sume. mines to be entitled by reason of paragraph (1) ‘‘633(b)(1)’’. Madam Speaker, I am pleased to to a payment under section 1980A of title 38, (7) INSERTION OF MISSING WORD.—Section commend H.R. 3665, as amended, to the United States Code, as amended by subsection 3511(a)(1) is amended by inserting ‘‘sections’’ (a), plus such additional information as the Sec- after ‘‘under both’’. House for passage. This bill has several retary of Veterans Affairs may require. (8) SUBSECTION HEADINGS.— goals. First, we want to provide some (3) FUNDING.—At the time a certification is (A) Sections 3461, 3462, 3481, 3565, 3680, and flexibility in several VA programs, in- made under paragraph (2), the Secretary con- 3690 are each amended by revising each sub- cluding the Adapted Housing Grant

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00127 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25610 CONGRESSIONAL RECORD—HOUSE November 9, 2005 program and the Native American some disagreement about the total ership interest by nonnative persons, Loan program. Second, we want to pro- number of homeless veterans needing a they have been unable to qualify for tect and institutionalize the taxpayers’ job to break the cycle of homelessness, this home loan program. The language investment in the President’s National there is no disagreement that the in section 103 would make it possible Hiring Veterans Committee. Third, we Homeless Veterans Reintegration pro- for a nonnative military member or for want to reauthorize the Homeless Vet- gram remains a valuable tool to put a nonnative military member or vet- erans Reintegration program for 3 homeless veterans back to work. I eran to qualify for a VA loan if he or years. want to emphasize that this is an em- she shares a meaningful interest rather Madam Speaker, it is no secret that ployment program managed by the than an ownership interest with their many of those wounded in Iraq and Af- Veterans Employment and Training respective spouse in their home. ghanistan return home with significant Service of the Department of Labor, Madam Speaker, on this Friday we disabilities. Many of those severely dis- not a housing program. Therefore, title will celebrate and honor the service of abled servicemembers spend their con- III would reauthorize the Homeless our Nation’s veterans. Hopefully, we valescence at a family home before Veterans Reintegration program for will all be in our home districts attend- moving to their own home when they fiscal years 2007 through 2009 and re- ing Veterans Day parades and other ac- are well enough to do so. Under the tain the maximum authorization of $50 tivities that we share with our vet- current rules, VA cannot help adapt million per year. erans. As I do so, I am mindful that those family homes for their specific Finally, title IV makes technical over 3,000 veterans in Nevada are home- disabilities unless the veteran has an amendments to the servicemembers less. Most of them are living on the ownership interest in the property. group life insurance legislation as well streets in Las Vegas. The number of This bill would eliminate the owner- as clerical and technical amendments homeless veterans in America is, I am ship requirement for a partial grant. to a number of other sections of title sorry to say, a national disgrace and Therefore, title I would provide a par- 38. simply must be addressed. According to tial adaptive housing assistance grant Madam Speaker, I reserve the bal- the National Coalition for Homeless up to $10,000 or $2,000, depending on the ance of my time. Veterans, there are already 400 vet- level of disability to veterans residing Ms. BERKLEY. Madam Speaker, I erans who have served in Iraq and Af- temporarily in housing owned by a yield myself such time as I may con- ghanistan who have sought shelter family member. It would also authorize sume. through homeless programs. up to three specially adaptive housing I want to thank Chairman BUYER, b 1415 grants within the allotted maximum Ranking Member EVANS, Sub- amount. committee Chairman BOOZMAN, and I strongly support the provision in Madam Speaker, this measure con- Ranking Member HERSETH for bringing H.R. 3665 which would reauthorize ap- tains several provisions from H.R. 1773, this bill to the floor. Ms. HERSETH has propriations for the Homeless Veterans originally introduced by the Economic been detained at a legislative hearing Reintegration Program to help vet- Opportunity Subcommittee ranking before the Resources Committee con- erans get off the street and working member, Ms. HERSETH. I want to com- cerning the bill she has introduced. I again. pliment her and her staff for their hard hope that she will be able to join us be- With increased efforts to deny VA work on this issue. These provisions fore the debate on the bill is com- benefits and, thereby, health care to would make permanent the pilot pro- pleted, but I want to particularly veterans with post-traumatic stress gram for housing loans to Native thank her for her input into this im- disorder, I fear that our efforts to re- American veterans; extend the eligi- portant piece of legislation. duce the number of homeless veterans, bility for Native American loans to Madam Speaker, I am pleased to be many who are suffering from PTSD, certain non-Native American veterans an original cosponsor of H.R. 3665. As may be at risk. who have a meaningful interest in the amended, the bill before us would pro- One homeless veteran who recently property under tribal law and are the vide greater flexibility to the VA’s contacted the VA Committee had a VA spouses of a Native American. And fi- Adaptive Housing Grant program. It claim pending for PTSD. We learned nally, this would adjust the maximum also includes measures to extend the that because of a perceived pressure to loan to conform with the Freddie Mac Department of Labor’s Veterans Em- deny claims, regional office adjudica- limits similar to other VA loans, cur- ployment and Training Service. The tors were afraid to accept the veteran’s rently $59,650. bill also includes language from H.R. testimony of his Iraq combat experi- Madam Speaker, the taxpayers have 1773, which Ms. HERSETH introduced to ence, an article naming him and de- made a significant investment in the make the Native American Veteran scribing the attack, and a statement of work of the President’s National Hire Home Loan program permanent. his soldier passenger, who was wounded Veterans Committee, and we feel Section 102 of the bill would make in the attack, as sufficient credible evi- strongly that a 1-year extension will permanent the Native American Hous- dence of a stressor. allow a proper transition of the duties ing Loan program, currently a pilot VA officials later acknowledged that and products of the committee to the program administered by the Veterans the evidence provided by the veteran Veterans Employment and Training Administration since 1993. The Native met the legal requirements and the Service of the Department of Labor. American Housing Loan program has claim was approved, finally. Therefore, title II would extend the provided more than 443 direct loans na- This veteran’s story is an example of committee’s work until not later than tionwide since its inception. By all ac- how severely mentally disabled vet- December 31, 2006. Transition of its du- counts, the pilot program has been a erans are at risk of becoming homeless ties to the Assistant Secretary of great success and, in fact, currently due to VA policies. Labor for Veterans Employment and does not require any government sub- Congress must stop the administra- Training require the Assistant Sec- sidy. tion’s assault on veterans with severe retary of Labor for Veterans Employ- The Congressional Budget Office esti- PTSD. We must also provide opportuni- ment and Training to develop a transi- mates that enactment of the provision ties to those veterans who are home- tion plan for those duties and modify would generate savings of $1 million less due to their disabilities. H.R. 3665 the membership and duties of the advi- over the next 5 years. Section 103 of the will do just this. sory committee on veterans employ- bill would authorize non-Native Amer- I appreciate the cooperation of the ment and training to include outreach ican veterans married to a Native gentleman from Arkansas (Mr. BOOZ- activities. American spouse and living on trust or MAN) in including language I had sug- Madam Speaker, we all know that tribal land to fully participate in this gested to eliminate the obsolete term homelessness among the veterans con- direct loan program. Because certain ‘‘helpless’’ from title 38. Although se- tinues to be a problem. While there is tribal sovereignty rules prohibit own- verely disabled veterans may require

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00128 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25611 significant help with activities of daily Administered by the Department of Hire Veterans Committee has fostered life, characterizing them as helpless is Veterans Affairs, this program makes a vital link between military and civil- demeaning and, quite frankly, inac- direct loans to Native American vet- ian employment. curate. erans who reside on tribal lands and As Veterans Day approaches many of The bill under consideration today veterans who reside on land trust prop- us take for granted the sacrifices made will benefit our Nation’s veterans and erties in the United States territories, by those who defend our Nation. Voting deserves the support of all Members of Hawaii and Alaska. We have thousands for this bill is a way to truly show our the House. of veterans on Guam, many suffering veterans that we appreciate them and Mr. Speaker, I reserve the balance of from military-related illnesses. Cur- are willing to support them not only my time. rently, Madam Speaker, five veterans when they are serving our country Mr. BOOZMAN. Madam Speaker, I from my district of Guam have loan ap- abroad, but when they return home as yield 2 minutes to the gentleman from plications under this program, pending well. South Carolina (Mr. BROWN), chairman review by the Department. I urge my colleagues to support H.R. of the Health Subcommittee. These loans are for the purchase, ren- 3665 and thank them for their work on Mr. BROWN of South Carolina. ovation, or construction of new homes. this bill. Madam Speaker, I thank the chairman And, as you know, home ownership is Ms. BERKLEY. Madam Speaker, I for yielding me time and for his leader- also a primary driver for economic yield 4 minutes to the gentleman from ship in bringing these bills to the floor. growth of local communities. Afford- the great State of Hawaii (Mr. CASE). Madam Speaker, H.R. 3665, the Vet- able housing is important, very impor- Mr. CASE. Madam Speaker, I also erans Housing and Employment Im- tant, for our veterans. Furthermore, rise in full support of H.R. 3665, the provement Act of 2005, provides needed home ownership is part of the Amer- Veterans Housing and Improvement enhancements to veterans’ benefit pro- ican dream. Act of 2005, which addresses the critical grams. Specifically, I would like to dis- Permanent authorization will ensure housing needs of our Nation’s disabled cuss the provisions which were con- this important lending program re- and Native American veterans. tained in H.R. 3279, the Homeless Vet- mains an option for veterans who seek I also would like to thank Represent- erans Reintegration Program Reau- to purchase homes. Permanent author- atives BOOZMAN and HERSETH for their thorization Act of 2005, of which I was ization of this program will contribute leadership on this legislation and, of an original cosponsor. to the growth of our local community. course, Veterans Committee Chair H.R. 3279 was rolled into H.R. 3665 in Permanent authorization will allow BUYER and Ranking Member EVANS for the full committee markup held on Oc- veterans to live the American dream expeditiously bringing this bill to the tober 7. This legislation would reau- which they have served to defend. House floor. thorize HVRP through fiscal year 2009. I want to take this opportunity, H.R. 3665, in part, provides perma- Currently, the authority for this pro- Madam Speaker, to thank my col- nent authority for the Native Amer- gram expires at the end of fiscal year league from Arkansas, JOHN BOOZMAN; ican Direct Home Loan Program and 2006. This legislation continues the cur- the chairman, STEVE BUYER; the rank- extends eligibility for such loan to non- rent authorization for $50 million per ing member, LANE EVANS; and the Native American spouses of Native year. I am eager for this legislation to hardworking committee for their dili- Americans living on Native American be sent to the President as soon as pos- gent work on this legislation. I strong- trust and tribal lands. sible. ly urge its passage. The Native American Direct Home The Homeless Veterans Reintegra- Mr. BOOZMAN. Madam Speaker, I Loan Program has been a highly suc- tion Program, or HVRP, is designed to yield 2 minutes to the gentleman from cessful veterans effort, particularly in take the men and women who are prob- Idaho (Mr. SIMPSON), the sponsor of the my Hawaii, where it applies to vet- ably the most difficult population of original bill to extend the operation of erans living on lands held in trust veterans to serve off the streets and re- the President’s National Hire Veterans under this Congress’ own Hawaiian turn them as productive contributors Committee, and former chairman of Homes Commission Act of 1920. The to society. It is a tall order and one the Veterans’ Benefits Subcommittee. majority of these Hawaiian homelands that presents unique challenges to both Mr. SIMPSON. Madam Speaker, I in my Second Congressional District on the government and to those who de- want to thank Chairman BOOZMAN and the islands of Oahu, Kauai, Molokai, liver services to homeless veterans. Ranking Member HERSETH for their Maui, Hawaii, and Lanai. HVRP program providers have taken work on this piece of legislation. Since the inception of this program, on this difficult task and have turned Earlier this year, I introduced H.R. which was spearheaded by the great HVRP into one of the most successful 419, which would authorize the Presi- Hawaii Senator Spark Matsunaga, and programs in the Federal Government. dent’s National Hire Veterans Com- continued by Senator DANIEL AKAKA, HVRP grantees are taking on the dif- mittee through 2008. The bill before us native Hawaiian veterans have success- ficult task of breaking the cycle of today, H.R. 3665, not only extends the fully used this direct home loan pro- homelessness. I urge my colleagues to life of this important committee, but gram for their acute housing needs, support this program and this impor- also provides for its continued oper- and I am proud to say with nominal de- tant legislation. ation long into the future under a new ficiencies and delinquencies. Ms. BERKLEY. Madam Speaker, I Advisory Committee on Veterans Em- Over $20 million has now been ap- yield 3 minutes to the gentlewoman ployment Training and Employer Out- proved for over 200 loans in Hawaii, from Guam (Ms. BORDALLO). reach. with 106 loans totaling $7.5 million Ms. BORDALLO. Madam Speaker, I It is important that we continue to pending. This is an incredible help not rise today in strong support of H.R. support and fund the work of this com- only with the needs of many veterans 3665, the Veterans Housing and Em- mittee which strives to make employ- who would likely otherwise be pre- ployment Improvement Act. This legis- ers and businesses more aware of the cluded from quality housing, but about lation would permanently authorize a valuable role that veterans play in the Hawaii’s overall housing crisis. successful and worthy pilot program, public workforce. Due to its success over the last 13 commonly referred to as the Native Today’s employers do not often real- years, the Native American Direct American Home Loan Program. ize the wealth of skills possessed by the Home Loan Program, which initially Established in 1992 as a 5-year pilot men and woman returning from duty in started out as a pilot program, was program, Congress has extended the the Armed Forces. Through the cre- twice extended by Congress but is cur- authority for this loan program on ation of the One Stop Career Centers rently set to expire on December 31 of three separate occasions. Clearly, the for veterans and the development of this year. It is vital to understand why program has proven very effective and hirevetsfirst.gov Web site for potential this program is so important to our deserves a permanent authorization. employers, the President’s National Native American veterans and why we

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00129 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25612 CONGRESSIONAL RECORD—HOUSE November 9, 2005 should make the program permanent, Mr. BOOZMAN. Madam Speaker, housing grant program. It also includes impor- as this bill proposes. first, I would like to thank the chair- tant measures to extend the Homeless Vet- Of course, the most basic reason is man of the Committee on Veterans’ Af- erans Reintegration Program and improve the the success of the overall program in fairs, the gentleman from Indiana (Mr. Department of Labor’s Veterans Employment honoring our commitment to our Na- BUYER), and the committee’s ranking and Training Service. In addition, the bill also tion’s veterans. Beyond that, Congress member, the gentleman from Illinois includes language from H.R. 1773, the Native found some years ago that during the (Mr. EVANS), for their leadership and American Veteran Home Loan Act—a meas- entire history to that date of the pro- support in bringing this bill to the ure I introduced along with a number of col- gram, not a single Native American floor. I would also like to thank the leagues earlier this year. veteran living on Indian trust lands or ranking member of the Economic Op- Section 102 of the bill would make perma- Hawaii homelands had in fact received portunity Subcommittee, the gentle- nent the Native American Housing Loan Pro- the VA home loan under the VA’s tra- woman from South Dakota (Ms. gram, currently a pilot program administered ditional home loan program. The rea- HERSETH), as well as her staff and my by VA since 1993. The Native American Hous- son for that was quite simple. staff for their hard work and coopera- ing Loan program has provided 443 direct The unique trust status of native tion on this bipartisan legislation. loans nationwide since its inception—20 to lands did not lend itself to conven- veterans in South Dakota. By all accounts the tional lending practices because banks b 1430 pilot program has been a great success and in and other financial institutions did not Special thanks to the gentlewoman fact currently has a negative subsidy—that is, recognize those lands as valid collat- from Nevada (Ms. BERKLEY), who is the it actually pays for itself. The Congressional eral. ranking member for Disability Assist- Budget Office estimates that enactment of the As part of our obligation to all of our ance and Memorial Affairs. provision would generate savings of $1 million Nation’s veterans, that obligation This bill is an example of how we can over five years. being to ensure that they are all able work together to achieve good things Section 103 of the bill would authorize non- to tap fully into VA programs, the Na- for veterans, and I urge my colleagues native American veterans married to a Native tive American Direct Home Loan Pro- to support H.R. 3665, the Veterans American spouse and living on trust or tribal gram addressed this unique and dis- Housing and Employment Improve- land to fully participate in this direct loan pro- crete challenge facing many Native ment Act of 2005. gram. Because certain tribal sovereignty rules American veterans and afforded them I do not think we can close today be- prohibit ownership interests by non-native per- the same opportunity of home owner- fore noting that this coming Friday is sons they have been unable to qualify for this ship availed their comrades-in-arms. Veterans Day, a day that originally home loan program. The language in section This bill recognizes and improves marked the 11th hour of the 11th day of 103 now makes it possible for a non-native upon the clear success of this effort, the 11th month in the war to end all military member or veteran to qualify for a VA and I ask my colleagues to vote in wars. Unfortunately, that idealistic loan if he or she shares a ‘‘meaningful inter- favor of H.R. 3665. prediction failed, and several genera- est’’ rather than ‘‘ownership interest’’ with their Mahalo. tions of Americans have since served in respective spouse in their home. Mr. BOOZMAN. Madam Speaker, I wartime. So today, instead of honoring I want to thank Mr. FALEOMAVAEGA the Dele- yield 1 minute to the gentleman from the end of World War I, Veterans Day gate of American Samoa for bringing this New Hampshire (Mr. BRADLEY), the issue to my attention, and I want to also thank vice chairman of the Veterans Dis- now honors all of those who have worn the uniform in defense of the Nation. the VA for its assistance in drafting this par- ability and Memorial Affairs Sub- ticular provision. committee, a gentleman who, since Whether a veteran served in war or peacetime, we owe them our gratitude, Madam Speaker, the service members, vet- coming to Congress, has been a tireless erans and military families of this nation have advocate for veterans. and this bill is just one small token of our appreciation. earned and deserve our best efforts here in Mr. BRADLEY of New Hampshire. Congress. Indeed, they deserve so much Madam Speaker, I thank the chairman Madam Speaker, on behalf of the House, I want to say thank you to all more. and the ranking minority member for As we approach Veterans Day, I am very who have served. their hard work to a make this bill a proud to support this legislation and confident reality. Ms. HERSETH. Madam Speaker, I rise it will benefit the veterans of my home state of Madam Speaker, I rise in support of today in strong support of H.R. 3665, as South Dakota, as well as the other veterans the Veterans Housing Improvement amended, the Veterans Housing and Employ- around the country. Act, H.R. 3665. All of us, as Members of ment Improvement Act of 2005. This bill incor- I fully support H.R. 3665, as amended, and Congress, have had the opportunity to porates a number of important measures urge my colleagues to do the same. meet our brave soldiers who are serv- aimed at improving the quality of life of our Mr. BUYER. Madam Speaker, as Chairman ing in Iraq and Afghanistan, fighting in servicemembers, veterans and military fami- of the House Committee on Veterans’ Affairs, the war on terror. One of the compo- lies. I rise in strong support of H.R. 3665, the Vet- nents of the war on terror is that many I would like to thank Chairman BUYER and erans Housing and Employment Improvement of them are coming home with dis- Ranking Member EVANS for their leadership on Act of 2005, as amended. This is a bipartisan abling injuries. the full committee and for their assistance in bill that as amended also includes provisions This bill in a very significant way moving this bill to the floor today. from Chairman BOOZMAN’s H.R. 3279, the will help families to be able to allow I also want to express my appreciation to Homeless Veteran Reintegration Program Re- the reintegration of these disabled he- the Chairman of the Economic Opportunity authorization Act of 2005, Ranking Member roes back into not only working life, Subcommittee—Mr. BOOZMAN, for all his hard HERSETH’s H.R. 1773, the Native American but at-home life. The $10,000 grant will work and bipartisan leadership on the sub- Veteran Home Loan Act, and Mr. SIMPSON’s help home owners to be able to ren- committee this legislative session. I look for- H.R. 419, the Hire Veterans Act of 2005. ovate their houses to make them suit- ward to continue working with my friend from Title I of this bill, as amended, would im- able for disabled veterans, and that is Arkansas as we begin discussions with the prove the flexibility of the VA’s Adapted Hous- why it is so important that we author- Senate to ensure passage of a bipartisan, bi- ing Grant Program, and make the Native ize and fund this pilot program to do cameral veterans’ benefits package for this American Veterans Home Loan Program per- what needs to be done to help these he- year. I know that the veterans of my home manent. roes integrate back into life. state of South Dakota and all veterans of this Title II of the bill would extend the life of the I thank the chairman and the rank- nation will appreciate the important benefits President’s National Hire Veterans Committee ing member for their hard work and and program improvements we have included (PNHVC), which was created by Public Law urge my colleagues to support this bill. in this legislative measure. 107–288 to improve industry’s awareness of Ms. BERKLEY. Madam Speaker, I Madam Speaker, H.R. 3665, as amended, the value inherent in increasing the number of have no further requests for time, and incorporates important provisions that would veterans hired by the private sector. The Com- I yield back the balance of my time. provide greater flexibility to the VA’s adaptive mittee determined that a one-year extension of

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25613 the PNHVC’s three-year authority for purposes I am especially thankful that American Sa- GENERAL LEAVE of winding down its operations, in addition to moa’s veterans have also been able to partici- Mr. BOOZMAN. Madam Speaker, I providing opportunity for added oversight, pate in this very successful program. Today, I ask unanimous consent that all Mem- would be an appropriate way to ensure that am here to thank my colleagues for working bers may have 5 legislative days within the Department of Labor integrates the posi- with me to address the concerns of American which to revise and extend their re- tive aspects of the PNHVC into its future ac- Samoans without adversely affecting the rights marks and include extraneous material tivities. of other tribes. on H.R. 3665. Title III of the bill would reauthorize the Many Samoans have served in the military The SPEAKER pro tempore. Is there Homeless Veterans’ Reintegration Program and they are allowed to obtain home loans objection to the request of the gen- (HVRP), which is administered by VETS. under current law. Other Samoans are married tleman from Arkansas? Based on testimony and meetings with HVRP to non-Samoan veterans. Nonnative military There was no objection. providers, the program appears to be one of spouses married to native Samoans have not f the more successful homeless programs in been able to qualify for the VA home loan pro- government by rehabilitating and finding jobs gram. In part, this is because the Native ANNOUNCEMENT BY THE SPEAKER for the most difficult to place population of vet- American Home Loan program excludes the PRO TEMPORE erans. spouses of non-native Americans from quali- The SPEAKER pro tempore. Pursu- Title IV of the bill would also make tech- fying for a VA home loan. nical, clarifying, and conforming changes to ant to clause 8 of rule XX, proceedings For my constituents, this is problematic. In new section 1980A of title 38, the Traumatic will resume on questions previously brief, most land in American Samoa is com- Injury Protection program, which was estab- postponed. munal, meaning that only Samoans of Tutuila, lished in the supplemental. Votes will be taken in the following Madam Speaker, as Chairman of the Com- Manu’s, Aunu’u, or Swain Islands may qualify order: mittee on Veterans’ Affairs, I would like to for home loans offered by traditional lending Conference report on H.R. 2419, by thank the Ranking Member of the Committee, institutions because only they can make claim the yeas and nays; Mr. LANE EVANS (IL) for his cooperation in to native land. Conference report on H.R. 2862, by moving this legislation to the floor. I would As a result of these land laws, non-native the yeas and nays; also like to acknowledge the hard work of Mr. spouses of veterans or persons serving in the Motion to suspend the rules on S. BOOZMAN (AR), and Ms. HERSETH (SD), the U.S. Armed Forces who are married to a Sa- 1894, by the yeas and nays. Chairman and Ranking Member of the Sub- moan may not qualify for a VA home loan. The first electronic vote will be con- committee on Economic Opportunity, through The VA has been helpful in assisting the Vet- ducted as a 15-minute vote. Remaining whose leadership and hard work, this legisla- erans’ Affairs Committee and my office in electronic votes will be conducted as 5- tion has come before the House. Its timing is drafting language to rectify this problem and I minute votes. am pleased that this language has now been especially propitious, the day after tomorrow f being Veterans’ Day. included in H.R. 3665. Madam Speaker, I strongly urge all my col- As we have agreed, it is our understanding CONFERENCE REPORT ON H.R. 2419, leagues to support this important legislation. that this language now makes it possible for a ENERGY AND WATER DEVELOP- Mr. EVANS. Madam Speaker, I rise in non-Samoan military member or veteran to MENT APPROPRIATIONS ACT, strong support of H.R. 3665, as amended. qualify for a VA loan if the non-Samoan mili- 2006 It is only fitting that as November 11th ap- tary member has a ‘‘meaningful interest’’ in The SPEAKER pro tempore. The proaches and we prepare to commemorate the housing a Samoan spouse has been pending business is the question on another Veterans Day, we are meeting here granted permission to build on communal adoption of the conference report on today on the House floor to discuss and pass land. It is also our understanding that ‘‘mean- the bill, H.R. 2419, on which the yeas this legislation, which is intended to honor the ingful interest’’ means that the veteran has the and nays are ordered. courage and sacrifice of the nation’s veterans. right to reside in the home under tribal laws. The Clerk read the title of the bill. I would like to thank Chairman BUYER for his Madam Speaker, I urge support of H.R. The SPEAKER pro tempore. The support of this bill. 3665 and I again thank my colleagues for in- question is on the conference report. I also want to thank the Chairman and cluding my provision in this important legisla- Pursuant to clause 10 of rule XX, the Ranking Member of the Economic Opportunity tion. I also thank the VA for its assistance, and yeas and nays are ordered. Subcommittee, JOHN BOOZMAN and STEPHANIE Ms. Mary Ellen McCarthy, Democratic Staff Di- The vote was taken by electronic de- HERSETH, for their work in developing and rector for Disability Assistance and Memorial vice, and there were—yeas 399, nays 17, moving this important legislation to the floor. The housing, employment and homeless Affairs, for her tireless efforts. I urge support not voting 17, as follows: provisions contained in the bill are very impor- of this legislation. [Roll No. 580] tant and should be enacted into law. Mr. BOOZMAN. Madam Speaker, YEAS—399 Madam Speaker, I am proud to be an origi- having no further requests for time, I Abercrombie Blunt Capuano nal cosponsor of this bill. yield back the balance of my time. Ackerman Boehlert Cardin Our servicemembers, veterans and military The SPEAKER pro tempore (Mrs. Aderholt Boehner Cardoza Akin Bonilla Carnahan families sacrifice greatly. CAPITO). The question is on the motion Alexander Bonner Carson It is our responsibility to care and provide offered by the gentleman from Arkan- Allen Bono Carter for them upon their return from service as we sas (Mr. BOOZMAN) that the House sus- Baca Boozman Case do when we send them off to war. Bachus Boren Castle pend the rules and pass the bill, H.R. Baird Boucher Chabot I strongly support this measure, Madam 3665, as amended. Baker Boustany Chandler Speaker, and I urge all my colleagues to vote The question was taken. Baldwin Boyd Chocola for its passage. Barrett (SC) Bradley (NH) Clay The SPEAKER pro tempore. In the Mr. FALEOMAVAEGA. Madam Speaker, I Barrow Brady (PA) Cleaver opinion of the Chair, two-thirds of Bartlett (MD) Brady (TX) Clyburn rise in support of H.R. 3665, the Veterans those present have voted in the affirm- Barton (TX) Brown (OH) Coble Housing and Employment Improvement Act of ative. Bass Brown (SC) Cole (OK) 2005. I especially want to thank Chairman Bean Brown, Corrine Conyers STEVE BUYER and Ranking Member LANE Mr. BOOZMAN. Madam Speaker, on Beauprez Burgess Cooper that I demand the yeas and nays. Becerra Burton (IN) Costa EVANS of the Committee on Veterans’ Affairs Berman Butterfield Costello and also Chairman JOHN BOOZMAN and Rank- The yeas and nays were ordered. Berry Buyer Cramer ing Member STEPHANIE HERSETH of the Sub- The SPEAKER pro tempore. Pursu- Biggert Calvert Crenshaw Bilirakis Camp Crowley committee on Economic Opportunity for their ant to clause 8 of rule XX and the Bishop (GA) Cannon Cubin leadership in making it possible for Native Chair’s prior announcement, further Bishop (UT) Cantor Cuellar Americans to participate in the veterans’ hous- proceedings on this question will be Blackburn Capito Culberson ing loan program. postponed. Blumenauer Capps Cummings

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25614 CONGRESSIONAL RECORD—HOUSE November 9, 2005 Cunningham Jackson-Lee Nunes Thornberry Walsh Westmoreland Brown, Corrine Graves McCrery Davis (AL) (TX) Nussle Tiahrt Wamp Wexler Burgess Green, Al McGovern Davis (CA) Jefferson Oberstar Tiberi Wasserman Whitfield Burton (IN) Green, Gene McHenry Davis (IL) Jenkins Obey Tierney Schultz Wicker Butterfield Grijalva McHugh Davis (KY) Jindal Olver Towns Waters Wilson (NM) Buyer Gutierrez McIntyre Davis (TN) Johnson (CT) Ortiz Udall (CO) Watson Wilson (SC) Calvert Gutknecht McKeon Davis, Jo Ann Johnson (IL) Osborne Udall (NM) Watt Wolf Camp Hall McKinney Davis, Tom Johnson, E. B. Otter Upton Waxman Woolsey Cannon Harman McMorris Johnson, Sam Owens Van Hollen Weiner Cantor Harris McNulty DeFazio Wu Jones (NC) Pallone Vela´ zquez Weldon (FL) Capito Hart Meehan DeGette Wynn Delahunt Jones (OH) Pascrell Visclosky Weldon (PA) Capps Hastings (WA) Meek (FL) Young (AK) DeLauro Kanjorski Pastor Walden (OR) Weller Cardin Hayes Melancon Kaptur Payne Cardoza Hayworth Menendez DeLay NAYS—17 Dent Keller Pearce Carnahan Hensarling Mica Diaz-Balart, L. Kelly Pelosi Andrews Gibbons Miller (FL) Carson Herger Michaud Diaz-Balart, M. Kennedy (MN) Pence Berkley Green (WI) Porter Carter Herseth Miller (FL) Dicks Kennedy (RI) Peterson (MN) Bishop (NY) Hefley Sensenbrenner Case Higgins Miller (MI) Dingell Kildee Peterson (PA) Deal (GA) Hostettler Stearns Chabot Hinchey Miller (NC) Doggett Kilpatrick (MI) Petri Duncan Kucinich Tancredo Chandler Hinojosa Miller, Gary Doolittle Kind Pickering Flake Matheson Chocola Hobson Miller, George Doyle King (IA) Pitts Clay Hoekstra Mollohan Drake King (NY) Platts NOT VOTING—17 Cleaver Holden Moore (KS) Dreier Kingston Poe Boswell Millender- Solis Clyburn Holt Moore (WI) Edwards Kirk Pombo Brown-Waite, McDonald Strickland Coble Honda Moran (KS) Ehlers Kline Pomeroy Ginny Norwood Sweeney Cole (OK) Hooley Moran (VA) Knollenberg Price (GA) Cooper Hoyer Murphy Emanuel Conaway Oxley Turner Kolbe Price (NC) Costa Hulshof Murtha Emerson Davis (FL) Paul Young (FL) Engel Kuhl (NY) Pryce (OH) Hastings (FL) Sessions Costello Hunter Musgrave English (PA) LaHood Putnam Meeks (NY) Slaughter Cramer Hyde Myrick Eshoo Langevin Radanovich Crenshaw Inglis (SC) Nadler Etheridge Lantos Rahall 1455 Crowley Inslee Napolitano Larsen (WA) Ramstad b Cubin Israel Neal (MA) Evans Larson (CT) Rangel Cuellar Issa Neugebauer Everett Mr. GREEN of Wisconsin and Mr. Latham Regula Culberson Istook Ney Farr KUCINICH changed their vote from LaTourette Rehberg Cummings Jackson (IL) Northup Fattah Leach Reichert ‘‘yea’’ to ‘‘nay.’’ Cunningham Jackson-Lee Nunes Feeney Lee Renzi Davis (AL) (TX) Nussle Ferguson Mr. EDWARDS changed his vote Levin Reyes Davis (CA) Jefferson Oberstar Filner from ‘‘nay’’ to ‘‘yea.’’ Lewis (CA) Reynolds Davis (IL) Jenkins Olver Fitzpatrick (PA) Lewis (GA) Rogers (AL) So the conference report was agreed Davis (KY) Jindal Ortiz Foley Lewis (KY) Rogers (KY) to. Davis (TN) Johnson (CT) Osborne Forbes Linder Rogers (MI) Davis, Jo Ann Johnson (IL) Owens Ford The result of the vote was announced Lipinski Rohrabacher as above recorded. Davis, Tom Johnson, E. B. Pallone Fortenberry LoBiondo Ros-Lehtinen Deal (GA) Johnson, Sam Pascrell Fossella Lofgren, Zoe Ross A motion to reconsider was laid on DeFazio Jones (OH) Pastor Foxx Lowey Rothman the table. DeGette Kanjorski Payne Frank (MA) Lucas Roybal-Allard Stated for: Delahunt Kaptur Pearce Franks (AZ) Lungren, Daniel Royce DeLauro Keller Pelosi Frelinghuysen E. Ruppersberger Ms. SOLIS. Mr. Speaker, during rollcall vote DeLay Kelly Peterson (MN) Gallegly Lynch Rush No. 580 on H.R. 2419, I was unavoidably de- Dent Kennedy (MN) Peterson (PA) Garrett (NJ) Mack Ryan (OH) tained. Had I been present, I would have Diaz-Balart, L. Kennedy (RI) Petri Gerlach Maloney Ryan (WI) Diaz-Balart, M. Kildee Pickering Gilchrest Manzullo Ryun (KS) voted ‘‘yea.’’ Dicks Kilpatrick (MI) Pitts Gillmor Marchant Sabo f Dingell Kind Platts Gingrey Markey Salazar Doolittle King (IA) Poe Gohmert Marshall Sa´ nchez, Linda Doyle King (NY) Pombo Gonzalez Matsui T. CONFERENCE REPORT ON H.R. 2862, Drake Kingston Pomeroy Goode McCarthy Sanchez, Loretta SCIENCE, STATE, JUSTICE, COM- Dreier Kirk Porter Goodlatte McCaul (TX) Sanders MERCE, AND RELATED AGEN- Edwards Kline Price (GA) Gordon McCollum (MN) Saxton Ehlers Knollenberg Price (NC) Granger McCotter Schakowsky CIES APPROPRIATIONS ACT, 2006 Emanuel Kolbe Pryce (OH) Graves McCrery Schiff The SPEAKER pro tempore (Mrs. Emerson Kucinich Putnam Green, Al McDermott Schmidt Engel Kuhl (NY) Radanovich Green, Gene McGovern Schwartz (PA) CAPITO). The pending business is the English (PA) LaHood Rahall Grijalva McHenry Schwarz (MI) question on adoption of the conference Eshoo Langevin Ramstad Gutierrez McHugh Scott (GA) report on the bill, H.R. 2862, on which Etheridge Lantos Rangel Gutknecht McIntyre Scott (VA) the yeas and nays are ordered. Evans Larsen (WA) Regula Hall McKeon Serrano Everett Larson (CT) Rehberg Harman McKinney Shadegg The Clerk read the title of the bill. Farr Latham Reichert Harris McMorris Shaw The SPEAKER pro tempore. The Fattah LaTourette Renzi Hart McNulty Shays question is on the conference report. Feeney Leach Reyes Hastings (WA) Meehan Sherman Ferguson Lee Reynolds Hayes Meek (FL) Sherwood Pursuant to clause 10 of rule XX, the Filner Levin Rogers (AL) Hayworth Melancon Shimkus yeas and nays are ordered. Fitzpatrick (PA) Lewis (CA) Rogers (KY) Hensarling Menendez Shuster The vote was taken by electronic de- Foley Lewis (GA) Rogers (MI) Herger Mica Simmons vice, and there were—yeas 397, nays 19, Forbes Lewis (KY) Rohrabacher Herseth Michaud Simpson Ford Linder Ros-Lehtinen Higgins Miller (MI) Skelton not voting 17, as follows: Fortenberry Lipinski Ross Hinchey Miller (NC) Smith (NJ) [Roll No. 581] Fossella LoBiondo Rothman Hinojosa Miller, Gary Smith (TX) Foxx Lofgren, Zoe Roybal-Allard Hobson Miller, George Smith (WA) YEAS—397 Frank (MA) Lowey Royce Hoekstra Mollohan Snyder Abercrombie Bass Boehlert Franks (AZ) Lucas Ruppersberger Holden Moore (KS) Sodrel Ackerman Bean Boehner Frelinghuysen Lungren, Daniel Rush Holt Moore (WI) Souder Aderholt Beauprez Bonilla Gallegly E. Ryan (OH) Honda Moran (KS) Spratt Akin Becerra Bonner Garrett (NJ) Lynch Ryan (WI) Hooley Moran (VA) Stark Alexander Berkley Bono Gerlach Mack Ryun (KS) Hoyer Murphy Stupak Allen Berman Boozman Gibbons Maloney Sabo Hulshof Murtha Sullivan Andrews Berry Boren Gilchrest Manzullo Salazar Hunter Musgrave Tanner Baca Biggert Boucher Gillmor Marchant Sa´ nchez, Linda Hyde Myrick Tauscher Bachus Bilirakis Boustany Gingrey Markey T. Inglis (SC) Nadler Taylor (MS) Baird Bishop (GA) Boyd Gohmert Marshall Sanchez, Loretta Inslee Napolitano Taylor (NC) Baker Bishop (NY) Bradley (NH) Gonzalez Matsui Sanders Israel Neal (MA) Terry Barrett (SC) Bishop (UT) Brady (PA) Goode McCarthy Saxton Issa Neugebauer Thomas Barrow Blackburn Brady (TX) Goodlatte McCaul (TX) Schakowsky Istook Ney Thompson (CA) Bartlett (MD) Blumenauer Brown (OH) Gordon McCollum (MN) Schiff Jackson (IL) Northup Thompson (MS) Barton (TX) Blunt Brown (SC) Granger McCotter Schmidt

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00132 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25615 Schwartz (PA) Spratt Wamp Barton (TX) Emanuel Knollenberg Porter Schiff Thompson (MS) Schwarz (MI) Stark Wasserman Bass Engel Kolbe Price (GA) Schmidt Thornberry Scott (GA) Stearns Schultz Bean English (PA) Kucinich Price (NC) Schwartz (PA) Tiahrt Scott (VA) Stupak Waters Beauprez Eshoo Kuhl (NY) Pryce (OH) Schwarz (MI) Tiberi Sensenbrenner Sullivan Watson Becerra Etheridge LaHood Putnam Scott (GA) Tierney Serrano Tanner Watt Berkley Evans Langevin Radanovich Scott (VA) Towns Shadegg Tauscher Waxman Berman Everett Lantos Rahall Sensenbrenner Udall (CO) Shaw Taylor (NC) Weiner Berry Farr Larsen (WA) Ramstad Serrano Udall (NM) Shays Terry Biggert Fattah Larson (CT) Rangel Shadegg Weldon (FL) Upton Sherman Thomas Bilirakis Feeney Latham Regula Shaw Weldon (PA) Van Hollen Sherwood Thompson (CA) Bishop (GA) Ferguson LaTourette Rehberg Shays Weller ´ Shimkus Thompson (MS) Bishop (NY) Filner Leach Reichert Sherman Velazquez Westmoreland Shuster Thornberry Bishop (UT) Fitzpatrick (PA) Lee Renzi Sherwood Visclosky Simmons Tiahrt Wexler Blackburn Flake Levin Reyes Shimkus Walden (OR) Simpson Tiberi Whitfield Blumenauer Foley Lewis (CA) Reynolds Shuster Walsh Skelton Towns Wicker Blunt Forbes Lewis (GA) Rogers (AL) Simmons Wamp Slaughter Udall (CO) Wilson (NM) Boehlert Ford Lewis (KY) Rogers (KY) Simpson Wasserman Smith (NJ) Udall (NM) Wilson (SC) Boehner Fortenberry Linder Rogers (MI) Skelton Schultz Smith (TX) Upton Wolf Bonilla Fossella Lipinski Rohrabacher Slaughter Watson Smith (WA) Van Hollen Woolsey Bonner Foxx LoBiondo Ros-Lehtinen Smith (NJ) Watt Snyder Visclosky Wu Bono Frank (MA) Lofgren, Zoe Ross Smith (TX) Waxman Sodrel Walden (OR) Wynn Boozman Franks (AZ) Lowey Rothman Smith (WA) Weiner Souder Walsh Young (AK) Boren Frelinghuysen Lucas Roybal-Allard Snyder Weldon (FL) Boucher Gallegly Lungren, Daniel Royce Sodrel NAYS—19 Weldon (PA) Boustany Garrett (NJ) E. Ruppersberger Souder Weller Baldwin Hefley Paul Boyd Gerlach Lynch Rush Spratt Westmoreland Bradley (NH) Gibbons Mack Ryan (OH) Capuano Hostettler Tancredo Stark Wexler Brady (PA) Gilchrest Maloney Ryan (WI) Stearns Conyers Jones (NC) Taylor (MS) Whitfield Brady (TX) Gillmor Manzullo Ryun (KS) Stupak Doggett Matheson Tierney Wicker Duncan McDermott Brown (OH) Gingrey Marchant Sabo Sullivan Vela´ zquez Wilson (NM) Flake Obey Brown (SC) Gonzalez Markey Salazar Tanner Wilson (SC) Green (WI) Otter Brown, Corrine Goode Marshall Sa´ nchez, Linda Tauscher Burgess Goodlatte Matheson T. Taylor (MS) Wolf NOT VOTING—17 Burton (IN) Gordon Matsui Sanchez, Loretta Taylor (NC) Woolsey Wu Boswell Meeks (NY) Solis Butterfield Granger McCarthy Sanders Terry Wynn Brown-Waite, Millender- Strickland Buyer Graves McCaul (TX) Saxton Thomas Young (AK) Ginny McDonald Sweeney Calvert Green (WI) McCollum (MN) Schakowsky Thompson (CA) Camp Green, Al McCotter Castle Norwood Turner Cannon Green, Gene McCrery NAYS—1 Conaway Oxley Young (FL) Davis (FL) Pence Cantor Grijalva McDermott Moore (WI) Hastings (FL) Sessions Capito Gutierrez McGovern Capps Gutknecht McHenry NOT VOTING—24 b 1504 Capuano Hall McHugh Boswell Honda Sessions Cardin Harman McIntyre Brown-Waite, Meeks (NY) Solis Mr. MILLER of Florida changed his Cardoza Harris McKeon Ginny Melancon Strickland Carnahan Hart McKinney vote from ‘‘nay’’ to ‘‘yea.’’ Conaway Millender- Sweeney Carson Hastings (WA) McMorris Davis (FL) McDonald Tancredo So the conference report was agreed Carter Hayes McNulty Emerson Norwood Turner to. Case Hayworth Meehan Gohmert Ortiz The result of the vote was announced Castle Hefley Meek (FL) Waters Hastings (FL) Oxley Young (FL) as above recorded. Chabot Hensarling Menendez Higgins Pence Chandler Herger Mica A motion to reconsider was laid on Chocola Herseth Michaud b 1514 the table. Clay Hinchey Miller (FL) Stated for: Cleaver Hinojosa Miller (MI) So (two-thirds having voted in favor Ms. SOLIS. Mr. Speaker, during rollcall vote Clyburn Hobson Miller (NC) thereof) the rules were suspended and Coble Hoekstra Miller, Gary the Senate bill was passed. No. 581 on H.R. 2862, I was unavoidably de- Cole (OK) Holden Miller, George tained. Had I been present, I would have Conyers Holt Mollohan The result of the vote was announced voted ‘‘yea.’’ Cooper Hooley Moore (KS) as above recorded. Costa Hostettler Moran (KS) A motion to reconsider was laid on f Costello Hoyer Moran (VA) Cramer Hulshof Murphy the table. FAIR ACCESS FOSTER CARE ACT Crenshaw Hunter Murtha Stated for: OF 2005 Crowley Hyde Musgrave Ms. SOLIS. Mr. Speaker, during rollcall vote Cubin Inglis (SC) Myrick No. 582 on S. 1894, I was unavoidably de- The SPEAKER pro tempore (Mrs. Cuellar Inslee Nadler tained. Had I been present, I would have CAPITO). The unfinished business is the Culberson Israel Napolitano Cummings Issa Neal (MA) voted ‘‘yea.’’ question of suspending the rules and Cunningham Istook Neugebauer passing the Senate bill, S. 1894. Davis (AL) Jackson (IL) Ney f The Clerk read the title of the Senate Davis (CA) Jackson-Lee Northup PERSONAL EXPLANATION bill. Davis (IL) (TX) Nunes Davis (KY) Jefferson Nussle Mr. OXLEY. Mr. Speaker, I was absent from The SPEAKER pro tempore. The Davis (TN) Jenkins Oberstar the House floor during today’s rollcall votes on question is on the motion offered by Davis, Jo Ann Jindal Obey H.R. 2419, the Fiscal Year 2006 Energy and the gentleman from California (Mr. Davis, Tom Johnson (CT) Olver Deal (GA) Johnson (IL) Osborne Water Development appropriations conference HERGER) that the House suspend the DeFazio Johnson, E. B. Otter report; H.R. 2862, the Fiscal Year 2006 rules and pass the Senate bill, S. 1894, DeGette Johnson, Sam Owens Science, State, Justice, and Commerce appro- on which the yeas and nays are or- Delahunt Jones (NC) Pallone priations conference report; and S. 1894, the dered. DeLauro Jones (OH) Pascrell DeLay Kanjorski Pastor Fair Access Foster Care Act. This will be a 5-minute vote. Dent Kaptur Paul Had I been present, I would have voted in The vote was taken by electronic de- Diaz-Balart, L. Keller Payne favor of each of those measures. vice, and there were—yeas 408, nays 1, Diaz-Balart, M. Kelly Pearce Dicks Kennedy (MN) Pelosi f not voting 24, as follows: Dingell Kennedy (RI) Peterson (MN) [Roll No. 582] Doggett Kildee Peterson (PA) REMOVAL OF NAME OF MEMBER Doolittle Kilpatrick (MI) Petri AS COSPONSOR OF H.R. 4200 YEAS—408 Doyle Kind Pickering Abercrombie Allen Baker Drake King (IA) Pitts Mr. LEWIS of California. Madam Ackerman Andrews Baldwin Dreier King (NY) Platts Speaker, I ask unanimous consent to Aderholt Baca Barrett (SC) Duncan Kingston Poe Akin Bachus Barrow Edwards Kirk Pombo have my name removed as a cosponsor Alexander Baird Bartlett (MD) Ehlers Kline Pomeroy of H.R. 4200.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25616 CONGRESSIONAL RECORD—HOUSE November 9, 2005 The SPEAKER pro tempore. Is there public library, without you ever knowing about The SPEAKER pro tempore. Is there objection to the request of the gen- it, or what is done with the information. And objection to the request of the gen- tleman from California? the librarian or other business operator cannot tleman from Wisconsin? There was no objection. tell you or anyone else other than the There was no objection. f business’s attorney or appropriate superiors, Mr. BOUCHER. Madam Speaker, I about the FBI’s taking your records. yield myself 4 minutes. APPOINTMENT OF CONFEREES ON Under the roving wiretaps provision, after Madam Speaker, I rise today in sup- H.R. 3199, USA PATRIOT AND obtaining a roving wiretap from the secret port of the Boucher-Rohrabacher-Mack TERRORISM PREVENTION REAU- FISA court, the FBI can follow the target motion to instruct the conferees to re- THORIZATION ACT OF 2005 around and tap any phone the target has ac- cede to the Senate with respect to Mr. SENSENBRENNER. Madam cess to, including yours if he or she happens sunsetting in 4 years the libraries and Speaker, I ask unanimous consent to to be a neighbor and comes to your house, book stores, roving wire taps and loan take from the Speaker’s table the bill without having to first determine that the wolf provisions of the USA PATRIOT (H.R. 3199) to extend and modify au- phone is actually being used by the target be- Act. thorities needed to combat terrorism, fore they start listening in. The most effective way for Congress and for other purposes, with a Senate The 4-year sunsets worked to make the to maintain oversight of the most con- amendment thereto, disagree to the Justice Department responsive to Congress in troversial powers that the PATRIOT Senate amendment, and agree to the providing the information needed to properly Act conveys is to sunset those provi- conference asked by the Senate. perform its oversight responsibility for the ex- sions within a reasonable period of The Clerk read the title of the bill. traordinary powers extended under the PA- time. In past years, well before the De- b 1515 TRIOT Act, but only in the last year of the cember 2005 sunsets contained in the sunset. For most of the 4-year period leading original PATRIOT Act, we asked the The SPEAKER pro tempore (Mrs. up to the sunsets, the Justice Department re- Department of Justice how it was CAPITO). Is there objection to the re- fused any meaningful oversight of their PA- using the authorities that had been quest of the gentleman from Wis- TRIOT Act powers and other war on terror au- granted to the Department by the consin? thorities. Even with Chairman SENSENBRENNER original act. Some questions simply There was no objection. threatening a subpoena because he was not went unanswered. Other questions were MOTION TO INSTRUCT OFFERED BY MR. BOUCHER getting answers to his PATRIOT Act ques- rebuffed, and we were told that the in- Mr. BOUCHER. Madam Speaker, I tions, it wasn’t until the powers were set to ex- formation was classified. And still oth- have a motion to instruct at the desk pire that we got real answers—hard numbers ers were avoided by telling us that the which I offer on behalf of myself, the and at least anecdotal evidence of their use. information simply was not available. gentleman from California (Mr. ROHR- Take, for example, the effort to try to get in- All of that changed in April of this ABACHER), and the gentleman from formation about library record requests under year when the Department of Justice Florida (Mr. MACK). the secretive Section 215 powers where the realized that straight reauthorization The Clerk read as follows: recipient of the order is gagged from dis- of the PATRIOT Act would not happen Mr. Boucher moves that the managers on closing any information about it: first we were without serious answers to our reason- the part of the House at the conference on told that information about even the number of able questions. Suddenly, numbers and the disagreeing votes of the two Houses on these orders was secret, so it couldn’t be dis- examples were no longer unavailable. the Senate amendment to the bill H.R. 3199 Suddenly, the information we had long be instructed to recede from disagreement closed. It was only in the last year of the sun- with the provisions contained in subsections set that we were finally told that there had been seeking was provided. I have no (a) and (b) of section 9 of the Senate amend- been no 215 orders issued to libraries, then doubt that if 16 provisions of the origi- ment (relating to the modification of the we learned that this was misleading because nal act were not scheduled to sunset at PATRIOT Act sunset provision and the ex- most libraries cooperated with FBI requests for the end of this year, we would still tension of the sunset of the ‘‘Lone Wolf’’ pro- information without requiring a 215 order, and have little information on how these vision). with all the secrecy and gag orders in effect, new authorities were being used. The SPEAKER pro tempore. Pursu- we still don’t know what the full story is. Per- If we have learned one thing over the ant to clause 7 of rule XXII, the gen- haps some of the pending lawsuits will finally last 4 years, it is that we will not get tleman from Virginia (Mr. BOUCHER) reveal what has been going on in this area. answers to our questions unless the and the gentleman from Wisconsin (Mr. The problem with a 10-year sunset is that it Justice Department is compelled to SENSENBRENNER) each will control 30 will have no impact on the current Administra- come before us and justify its use of minutes. tion, or the next one and only have an impact the more dangerous and intrusive pow- The Chair recognizes the gentleman in the last year of the 3rd Administration from ers that the law confers. Remember, from Virginia (Mr. BOUCHER). now. Moreover, with a 20-year retirement pe- sunsets do not in any way hinder law Mr. BOUCHER. Madam Speaker, I riod for most career officials, in 10 years most enforcement’s use of the powers the yield 10 minutes to the gentleman from of today’s officials will have retired. So, that’s PATRIOT Act confers. They merely en- California (Mr. ROHRABACHER), and I really of little oversight value if we have to wait sure accountability and oversight, ask unanimous consent that he be al- that long to get the kind of responsive informa- which are particularly important with lowed to control that time. tion for oversight we were finally able to get in respect to the three controversial pro- The SPEAKER pro tempore. Is there the last year of the current sunsets. visions that are at issue today. objection to the request of the gen- Accordingly, we should accede to the Sen- Section 215 of the law puts personal tleman from Virginia? ate sunset provisions which call for 4-year records, including library, bookstore There was no objection. sunsets on the three most controversial and and medical records, up for grabs by Mr. BOUCHER. Madam Speaker, I worrisome PATRIOT powers—secret acquisi- law enforcement with no requirement yield for the purpose of making a unan- tion of library and other business records, rov- that the person whose records are imous consent request to the gen- ing wiretaps, and the ‘‘lone wolf’’ provision for sought be suspected of involvement in tleman from Virginia (Mr. SCOTT). terrorism investigations, which allows a single a crime. All law enforcement has to Mr. SCOTT of Virginia. Madam individual to fall under the extraordinary, se- say is that the information is relevant Speaker, I rise in support of the motion cretly administered foreign surveillance powers to an investigation. It could be an in- to instruct. otherwise reserved for use against agents of vestigation of someone the person has The current House bill provisions for 10 year foreign governments or organizations. never met and about whom the person sunsets on the 215 and 206 roving wiretap Mr. SENSENBRENNER. Madam has no knowledge. powers is not much better than no sunset at Speaker, I do not intend to oppose the Moreover, an organization may not all. What we are talking about under the 215 motion to instruct, and I ask unani- tell someone they have turned over his provision is power to get access to your per- mous consent that I may control the 30 private information. So people have no sonal records from a business, including a minutes that I have been allotted. way of knowing when their privacy has

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00134 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25617 been intruded upon. Earlier this year, Having said all of this, I would like the hearings except the one where the the House, by a wide margin, voted to to make a couple of points. First of all, Attorney General and the one where bar enforcement of this overly broad finding out what a Department or an the Deputy Attorney General appeared provision. But the House bill reauthor- agency of the executive branch is doing to testify. There was plenty of time for izing the act with some changes perpet- is entirely the prerogative of the com- questions by every member of the com- uates it for 10 years, and I think that mittee that has the responsibility for mittee. that is inappropriate. The Senate bill the oversight and of its Chair. I have As a result of all of those hearings, sunsets this provision in 4 years. Our been extremely vigorous, since the en- we found that all but two or three sec- motion to instruct directs conferees to actment of the PATRIOT Act, in doing tions of the PATRIOT Act were essen- adopt the 4-year sunset provision. oversight over what the Department of tially noncontroversial. Nobody was Section 206, John Doe roving wire- Justice has done relative to that law, complaining about an abuse of power. taps, allows law enforcement to obtain and I am happy to say that most of the Nobody had proved abuse of power. No- a single court order to tap any phone it oversight letters that have been sent to body had alleged an abuse of power. believes a foreign agent would use, in- the Attorney General have been co- And as a result, the House-passed bill stead of getting separate orders for signed by the gentleman from Michi- eliminated the sunsets for those sec- each phone. Moreover, the government gan (Mr. CONYERS), ranking member of tions of the PATRIOT Act for which is not required to name the target the Judiciary Committee. there was no complaint at these exten- which allows wiretaps on phones of vir- We have been kind of like tough sive series of hearings, and that is good tually anyone meeting the description school marms with the Department of policy. And if it is not good policy, of a John Doe. The combination of al- Justice because when they were late then the message that is given down- lowing blanket tapping of, for example, and when they were nonresponsive to town as well as to the public is that all of the pay phones in a target’s the questions, we required the Depart- our oversight really does not make any neighborhood or the phones of all of his ment of Justice to come up with re- difference. If the oversight shows they friends and relatives, combined with sponsive answers, and those responsive have been doing a good job, they ought the ability to wiretap a vaguely de- answers we placed on the committee’s to be rewarded. scribed John Doe, means that roving Web site so that anybody with Internet Getting rid of the 14 of the 16 sunset John Doe wiretaps require so little access could be able to find out what provisions that were contained in the specificity that they can easily be the questions were and what the an- original PATRIOT Act does not mean abused. swers were, with the exception of re- that the Justice Department is not Sunsetting this provision in 4 years sponses that were classified and which going to have the committee looking will allow Congress to revisit how this were sent to the Intelligence Com- over its shoulder. We will do that; but, authority is being used and whether it mittee rather than to the Judiciary again, that depends upon the priorities continues to be necessary. Committee. of the committee and the priorities of Reinstating is about accountability. In addition to the oversight which its Chair. And as long as I am the This motion to instruct would simply was done, the original PATRIOT Act chairman of the committee, there will assure that we have the authority to requires the Inspector General of the be vigorous oversight of the Depart- carry it out. Department of Justice to report twice ment of Justice, not only on how they Madam Speaker, I reserve the bal- are handling the PATRIOT Act but ance of my time. a year to the relevant committees of Congress the number of civil liberties how they are handling all of the other Mr. SENSENBRENNER. Madam laws that the committee has oversight Speaker, I yield myself such time as I violations that have been found against the Department of Justice as a result jurisdiction over. may consume. Because the motion to instruct only Madam Speaker, I think it is impor- of its exercising the increased and new requirements and powers in the PA- relates to the lone wolf provision and I tant for the Members to note that the believe that because we have had a motion to instruct deals specifically TRIOT Act. We have received those re- ports by the Inspector General of the much shorter period of time in viewing with the ‘‘lone wolf’’ provision and sun- how they have dealt with the lone wolf sets that. The lone wolf provision was Department of Justice on a regular and on a timely basis, and the answer to provision because it was passed 3 years not passed as a part of the PATRIOT after the original PATRIOT Act was Act in October 2001, but was included how many civil liberties violations have been proven is none. Repeatedly enacted into law, I think this motion as a part of the intelligence bill which to instruct is a proper one, although I was enacted into law a little bit less they have said there are no civil lib- erties violations that the Inspector do think that the difference between 4 than a year ago. So as a result, the years and 7 years still should be nego- committees and the public have not General has been able to uncover. tiated with the Senate. But because been able to have as extensive over- Further, I resisted a premature re- the gentleman from Virginia is 95 per- sight and for as long a period of time as peal or extension of the sunset prior to cent to where we ought to be, I am the other 16 provisions that were this Congress because I felt it was im- going to vote for it, and maybe he will sunsetted in the act which the Presi- portant that the oversight be done for be a little bit more flexible with the dent signed in October 2001. as long a time as possible so that the So I think it is appropriate to have a Congress will be able to look over the other 5 percent. Madam Speaker, I reserve the bal- sunset on the lone wolf provision sim- shoulder of the Department of Justice and find out whether or not they were ance of my time. ply because we do not have the experi- Mr. BOUCHER. Madam Speaker, I ence of being able to examine what the doing it the right way or whether or yield myself 30 seconds. Justice Department has done with this not they needed a tap on the shoulder For basis of clarification, the motion new and expanded authority. from Capitol Hill for improvements in to instruct that we have put forward On the other hand, let me say that their methods of operation. applies to lone wolf, as the gentleman we are negotiating with the Senate at When we did get to this Congress from Wisconsin indicates. the present time on what the length of with the oversight being completed and the sunset is, and I think that the sun- the sunset approaching, I fulfilled the b 1530 set on this provision will be longer promise that I made to the public and But it also applies to sections 206 and than 4 years, and the sunset on the anybody who asked that we would be 215. The House sunsets those in 10 other two provisions that were con- doing a section-by-section review of years, and we would instruct conferees tained in the House-passed bill will be the expiring sections of the PATRIOT to adopt the Senate 4-year sunset. I shorter than the 10 years that the Act. The House Committee on the Ju- wanted to be sure that was well under- House of Representatives placed in the diciary had 12 separate hearings on the stood. bill, which was passed and sent over to PATRIOT Act’s sunset provisions. Madam Speaker, I reserve the bal- the other body. There were minority witnesses at all of ance of my time.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00135 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25618 CONGRESSIONAL RECORD—HOUSE November 9, 2005 Mr. ROHRABACHER. Madam Speak- a PATRIOT Act that permanently Of course, we are not here to debate er, first and foremost, I yield myself a changes the balance of power in the the PATRIOT Act again. Today, we are moment here to thank the gentleman United States between the police power limited to instructing conferees to from Virginia (Mr. BOUCHER) for the and the limitations of power of the po- adopt the Senate’s version of the bill, time that he has yielded us and shown licing authorities of the Federal Gov- which would sunset in 4 years the same good faith with us in having an honest ernment. That, I do not believe, should two provisions that the House bill discussion of this very significant be tolerated by those of us who love would sunset in 10 years. The rest of issue. liberty and justice and feel that lim- the expansion of the police powers, Madam Speaker, I yield for the pur- ited government is vital to the protec- such as the sneak-and-peak searches, pose of making a unanimous consent tion of freedom. Internet and credit card seizures, the request to the gentleman from Idaho Second of all, let me note that any, lowering of standards for logging all (Mr. OTTER). any investigation or hearings that we calls dialed from one particular phone, Mr. OTTER. Madam Speaker, I rise have had so far into the PATRIOT Act and the rules against discussing prop- in support of the motion to instruct. are irrelevant to the issue at hand, the erty seizure, all without the tradi- We have heard much from many sides issue at hand as to whether or not we tional warrants that would be required about the USA PATRlOT Act—concerns about have permanently changed this law and for those activities, have been made what the bill does, statements about what it whether in the future there could be permanent in U.S. law. The two provi- does not do, and fears about what it could do abuse. I would say, along with many sions being allowed to sunset, as one in the future. We have shared these discus- others, that by permanently granting might expect, are the most question- sions with constituents, state and local offi- these excessive powers, or extended able of the lot. cials, businesses, librarians, and other govern- powers, to the Federal Government in Specifically, section 206 of the House ment agencies. a time of war and then permanently ex- version of the PATRIOT Act extends to But earlier this year we had an important tending it so that now it is the norm Federal authorities for 10 years until opportunity to move those conversations back for a time of peace is asking for abuse. 2015 the right to employ roving wire- to Congress to examine—in a light much more So whatever hearings have been held so taps, whether they have the name of a clear and objective than that in which we far in this conflict are irrelevant. specific suspect or location notwith- passed the original bill—how the PATRlOT Act On September 11, our country was at- standing. This should be reexamined has protected us from further terrorist attack, tacked and we saw 3,000 Americans before 10 years has lapsed if for no and also how balance between national secu- slaughtered before our eyes, and it to- other reason than to just understand rity and personal security needs to be re- tally justified the major expansion of whether or not this tool is working for the police and investigative powers of stored. us in the War on Terror. Is it achieving our government. I voted for the PA- As a result of the opportunity to debate, de- the goals that it set out to achieve in TRIOT Act, as I just said, and I con- liberate, and discuss, we made important this war? changes to the original USA PATRlOT Act in tinue to support its provisions as a nec- The Senate version sunsets the essary expansion of police powers in H.R. 3199, changes that enable law enforce- clause in 4 years; that is much more re- order to prosecute this war on ment to continue to investigate and prosecute sponsible. Let us come back and reas- Islamofacism. They declared war on us crime while protecting civil liberties. Congress sess it. That is reasonable. every bit as much as the Japanese de- was able to go back and make those changes Section 215 will also be sunsetted in clared war on us on December 7, 1941. 2015 in the House version rather than in because the original bill included a sunset and However, as I said in the original bill, the 5 years in the Senate bill. This sec- made many questionable provisions subject to sunset provisions were placed in all of tion allows for law enforcement to ex- it. these expanded police powers that were amine library and financial records of This sunset served us well, and so I am going to enable us to protect our peo- any person in connection with a Fed- perplexed that in the same bill where we ple in this time of war. It was a con- eral investigation. This provision is made vital revisions to the USA PATRlOT Act sensus that when the war was won, it we also eliminated many of the sunsets and was a consensus when this war was possibly the most controversial in the extended others for a decade or more. In won, those powers would be rescinded entire bill. My colleagues on one side doing so, H.R. 3199 takes away from Con- and their purposes would have then of the aisle say that this is an uncon- gress the opportunity to periodically review been served. scionable invasion of privacy, never these provisions and ensure that the tools The expanded authority we are talk- justified, even in wartime. Others, how- they provide law enforcement are necessary ing about in terms of eliminating these ever, argue that this particular provi- and that they are not being abused. sunsets in the current bill, this has sion is rarely, if ever, used, so why I am glad that, in respect to Sections 206 nothing to do with fighting the war or worry about it? and 215 of the USA PATRlOT Act, the Senate winning the War on Terror. It has ev- Well, let us be frank and admit that did not act as rashly as we did. I strongly urge erything to do with using that war as searching library and financial records conferees to see the wisdom of four-year sun- an excuse to permanently change the of our citizens is hugely intrusive, even sets for these sections, as passed by the Sen- way we do business in the United if it is rarely used. Nonetheless, this ate, and I ask my colleagues to join me in States. The standard we set for a war section 215 may be needed in a time of supporting this motion to instruct. when we are at war with radical Islam war to secure our country and to make Mr. ROHRABACHER. Madam Speak- should not be the new standard set for sure our people are safe. er, I yield myself such time as I may America once that war is over. It is as While granting the expansion of this consume. simple as that. police power with a reasonable time Madam Speaker, I rise in strong sup- I support the expansion of those pow- limit, such as the expansion of a short- port of this motion to instruct con- ers until we win that war. But we can- er term of years to ensure section 215 is ferees on the PATRIOT Act. Let me not, and this is what we have been not abused, that seems reasonable. But note that I am one of several, if not handed, a bill that permanently does it it may, again, 215 may be justified now. many, Members of Congress who feel so our way of life is changed after the We may have a justification to find out that it was an act of bad faith on the war is over. if someone who checked out a book on part of those in this body who turned The special grants of police power radical Islam has also checked out the temporary sunsetted provisions of that we have approved we believe books on how to make bombs. That is the PATRIOT Act into permanent law should only last for the duration of the why sunsetting this provision 4 years for the United States of America. war, and we must demand at least a from now, rather than 10 years, is the I supported the PATRIOT Act and forced reexamination of these provi- right thing to do. We do not want to would have again voted for the PA- sions to ensure that winning the War have that kind of power in the hands of TRIOT Act as it was when we first on Terror does not result in a perma- the Federal police authorities after voted for it, except now we end up with nent change of our way of life. this war is over.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00136 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25619 Finally, we need to ask, why do the signed by President Bush in October of this Chamber, that these new authori- radical Islamists hate us? They hate 2001, that has been declared unconsti- ties need to carry with them the prom- the openness of our society. They hate tutional. There has been no declaration ise that Congress will be vigilant and, our tolerances, our belief in the equal- of unconstitutionality of any of those that 4 years from now, we will recon- ity before the law, the right of those of powers. But what has been declared un- sider whether they are necessary. other faiths to worship, and the right constitutional was a provision on na- Let me also add a word about na- of us to express our beliefs. In short, tional security letters that was put in tional security letters, which were a radical Islam is the enemy of freedom; the PATRIOT Act as a renumbering, remedy designed in the 1970s. thus, they are our enemy. but which was enacted as a result of a I think national security letters, a If we permanently alter the tradi- bill that originated in the other body tool not in the PATRIOT Act, need to tional limitations of our government in 1986. That bill was signed by Presi- be reviewed as well by this House, and here in America, the terrorists have dent Ronald Reagan. I think we need to consider whether won. They have changed our way of To the gentleman from California, the authority is too broad or whether, life. During no war in the past, whether you are wrong. using a magistrate system or some World War II or the Cold War, were the Madam Speaker, I reserve the bal- other system, they should be reviewed police powers of the Federal Govern- ance of my time. before they are issued. They should not ment permanently changed so that Mr. BOUCHER. Madam Speaker, I am become the backdoor route to using after the war a new standard of govern- pleased to yield 4 minutes to the dis- PATRIOT Act authorities without ment would exist. tinguished ranking member of the going through this careful system we Well, Ronald Reagan would never House Committee on Intelligence, the have set up. have supported such an expansion of gentlewoman from California (Ms. So, in conclusion, Madam Speaker, it Federal power and neither should we. HARMAN). is a dangerous world. We need the tools I ask my colleagues to vote on this Ms. HARMAN. Madam Speaker, I necessary to find the so-called ‘‘bad motion to instruct conferees, and I thank the gentleman for yielding me guys’’ before they attack us, but we would ask them to search their con- this time and I commend him for his also need the tools necessary to assure sciences about voting for a new PA- leadership. And I am pleased to see law-abiding Americans that we are TRIOT Act at all that threatens to per- that, so far, this debate has all been in paying careful attention, and that the manently change the American way of favor of support of this motion to in- Congress, an independent branch, will life. struct, which I think is a very impor- not now, not ever, let down our respon- Madam Speaker, I reserve the bal- tant statement for this House to make. sibility to safeguard civil liberty for ance of my time. Madam Speaker, I take my respon- American citizens. Mr. SENSENBRENNER. Madam sibilities as ranking member of the In- Speaker, I am really disappointed that telligence Committee very seriously. I b 1545 the gentleman from California (Mr. spend a lot of my day and a lot of my Mr. ROHRABACHER. Madam Speak- ROHRABACHER), whom I consider to be weekend, and most of my nights think- er, I yield 11⁄2 minutes to my colleague my friend, has said that the extensive ing and dreaming about how I can add from Florida (Mr. MACK). oversight and the 12 hearings that the value to protecting Americans and Mr. MACK. Madam Speaker, first of Judiciary Committee has done on a bi- American interests. all I want to associate myself with the partisan basis is irrelevant. Because Earlier today, hotels in Amman, Jor- comments made by my colleague from what he is saying is that the results of dan, were bombed. Over 50 people are California and also to state for the that oversight and the results of those dead, scores are wounded. The terror- record that I support the motion to in- hearings really do not make any dif- ists are there, and let us not make any struct. I also would like to thank the ference when we are dealing with the mistake about it, they are trying to be chairman for his comments today re- extension of the PATRIOT Act. here again. So it is absolutely correct garding the motion to instruct. I think they do. Because if you ac- that we need modern and appropriate I ran on a platform of freedom like cept the argument that he has made, legal authorities to find them, and pre- most people did in this Congress. And I then the Congress should never do vent and disrupt their plans before believe it was Ronald Reagan, and I am oversight because the results of the they are able to execute them. Preven- paraphrasing, who said freedom is a oversight are not going to make any tion and disruption is much better fragile thing that must be defended by difference in the policy. than response, and I think everyone in each generation. And that is what I am To repeat myself, first, the Inspector this Chamber is dedicated to making here to do. That is what I am here to General has not found a civil liberties sure we have the right tools. That is do today. I believe that we ought to violation. Secondly, of the 16 provi- why the PATRIOT Act passed 45 days look for other or additional sections of sions where law enforcement powers after 9/11, overwhelmingly, and that is this bill to sunset, but I am happy to were expanded, there were no allega- why the House bill passed again re- see that this Congress is taking a hard tions of misuse by the Justice Depart- cently by a large margin. look at the provisions and the sections ment in 14 of those 16 provisions. And However, consistent with statements that have already been mentioned to when we had the hearings before the that Mr. ROHRABACHER has just made, ensure that the freedoms that our fam- Judiciary Committee Subcommittee on as we give these expanded authorities, ilies enjoy and the people in this coun- Crime, the minority had at least one we also need to assure the law-abiding try enjoy so much will be protected. and, in some cases, two witnesses that public of America that we will be vigi- I also understand the arguments that could come in and present any informa- lant in supervising these authorities. have been made about the oversight of tion that they wanted to present. Not just today, not just in the over- the committee; and, Mr. Chairman, I Now, the way we make sure that sight hearings we held during this last know that as the chair of that com- there is not government overreaching year and, yes, we held a lot of them, mittee that will be done. My concern is in our system of government is to give but tomorrow and next year and the for future generations and to make the courts the power to declare uncon- year after. sure that none of the freedoms that stitutional overreaching by govern- Having sunsets for these controver- Americans enjoy today will ever be ment agencies. The fourth amendment sial provisions matters. That is why in taken away from them in the future. is alive and well, and the Supreme the Intelligence Committee Mr. RUP- Mr. BOUCHER. Madam Speaker, I Court of the United States will never PERSBERGER and Mr. HASTINGS offered yield 3 minutes to the gentleman from allow the Congress or State legisla- amendments to impose sunsets. Some New York (Mr. NADLER), a distin- tures to ignore the provisions of the amendments passed, but they did not guished member of the House Judiciary fourth amendment. survive in the final House bill. Committee. There has been not one of the 16 ex- Sunsets are a good idea, and I think Mr. NADLER. Madam Speaker, I rise panded powers in the PATRIOT Act, with very strong bipartisan support in in support of the motion to instruct.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00137 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25620 CONGRESSIONAL RECORD—HOUSE November 9, 2005 This bill makes permanent the most The FBI will still have all the powers it stand it, perhaps the chairman as well. dangerous and intrusive provisions of needs. It will simply have to hold itself I simply do not understand the reti- the PATRIOT Act, 14 of the 16 pre- accountable to Congress and the Amer- cence to include sunset provisions on a viously sunsetted provisions. The re- ican people every 4 years about how law that affects the civil liberties of maining two sunsetting provisions are these powers are used. Why is that so every American citizen. renewed for 10 years. Ten years is not a terrible? In fact, when we reauthorized the sunset. Ten years is quasi-permanent. I call on all my colleagues, Demo- PATRIOT Act in July, the Republican These provisions are particularly crats and Republicans, liberals and bill permanently authorized 14 of the 16 worrisome because they expand the conservatives, to begin to safeguard provisions. The other two provisions, powers of the police to pry into the pri- the national security, not adequately, one for roving wiretaps and the other vacy of ordinary Americans, to go into but to begin to safeguard the civil lib- dealing with the FBI’s power to de- their homes, into their papers, into erties of all Americans by voting for mand business records, were extended their Internet records, their telephone this very, very skimpy motion to in- for 10 years. Democrats fought to sun- records, their medical records, their struct. set these provisions last summer; and bank records. Mr. ROHRABACHER. Madam Speak- we do so again today, apparently suc- Reinstating the sunset is about ac- er, I yield myself the balance of my cessfully, because, I think, people have, countability. The breadth of these pro- time. upon reflection, thought that this is a visions providing for roving wiretaps, The discussion today is not whether better policy. Because when it comes for sneak-and-peek searches, for invad- or not the Federal Government after 9/ to the government’s power to intrude ing library privacy and section 505, ex- 11 should have had expanded police on the private lives of citizens, the panding the use of national security powers and investigative authority. United States Congress should not give letters invites abuse. That is not the issue. And I voted for the government unchecked power to do The administration assures us, the that expansion of the police power, just so. chairman assures us that these provi- as most of my colleagues on the other Just last Sunday the Washington sions have not been abused. But how do side of the aisle and all of my col- Post documented, and it has been ref- we know? It is all secret. We were told leagues on this side of the aisle did, al- erenced here, the hundredfold increase repeatedly that section 215 we should most all of my colleagues on this side in the issuance of national security let- not worry about; it is rarely if ever of the aisle voted. That is not the ques- ters seeking information about U.S. used to demand library records. Now tion, because when we voted for those citizens and visitors who are not even we know why. expansions, we put in a sunset clause alleged to be terrorist or spies. There The Washington Post revealed last that after a certain number of years, 4 are terrorists. Terrorism is a serious Sunday that the FBI issues more than years, that the issues of those ex- threat, and we need to be serious in our 30,000 section 505 national security let- panded authorities would be re-exam- response. But privacy concerns must ters a year, many to libraries for ‘‘pre- ined. not be casually dismissed. In fact, it liminary investigations and threat as- The only question at hand in the de- was not until several sections of the sessments’’ before deciding whether or bate today is whether or not those ex- PATRIOT Act were set to expire that not to launch an investigation. These panded powers for wartime expansion the Justice Department began to re- tens of thousands of invasive govern- in the war against radical Islam should spond to congressional inquiries and we ment demands for sensitive and private be made permanent even now in this had the opportunity to assess, exam- information which never even go before time of crisis. This is not a good strat- ine, and recalibrate our policies. a judge have resulted in the collection egy for free government to change per- I submit to my colleagues they have of probably hundreds of millions of per- manently its law during a moment of given the Justice Department carte sonal facts regarding innocent Ameri- crisis. I would vote for the PATRIOT blanche. No matter how good the lead- cans, innocent American residents, Act again because I think that these ership is in the Justice Department, it citizens, and businesses. And the Bush powers that were just described are is not a policy that we ought to pursue administration has decided to file all needed at this moment, even the ones and would be an abdication of our con- this personal information in govern- that were just described by my friends gressional oversight responsibility and ment databases even if no basis is on the other side of the aisle. contrary to the interests of the Amer- found for a real investigation and they But that still does in no way justify ican people. will not even rule out selling this infor- permanently expanding those powers Madam Speaker, this motion would mation to private conditions. so that once the gentleman from Wis- recede to the Senate and create a 4- Sunsets have been the major check, consin is no longer here to conduct year sunset on the most controversial albeit probably inadequate checks, on hearings that the Federal Government provisions in the PATRIOT Act, orders abuse of the PATRIOT Act. They mean still has those powers perhaps for peo- by the secret Foreign Intelligence that at least every 4 years Congress is ple who are less, let us say less respon- Court, blank wiretap orders and the required to look at the law again, to sible than Mr. SENSENBRENNER in over- surveillance of agents of a foreign revisit it, and has the opportunity to seeing those expanded powers. Our power who act alone. This motion, in ask tough questions on the use or Founding Fathers understood limita- my opinion, is a step in the right direc- abuse of these powers, and most impor- tions on government is a guarantee of tion, and I hope the Members support tant, the administration cannot stone- freedom. Now is not the time for us to it. wall these questions except for every 4 permanently change law and perma- As I said, and I will echo the com- years. nently put freedom at risk. ments of so many here, terrorism is an We should have to look into these Mr. BOUCHER. Madam Speaker, I immediate and proximate threat, as we burdens on our civil liberties at least yield 3 minutes to the gentleman from lawyers say; and we need to respond ef- one in four years and ask are these Maryland (Mr. HOYER), the distin- fectively to keep America safe. But in powers being abused, should they be guished minority whip of the House. the process, we must also protect the fine tuned? Should they be narrowed? Mr. HOYER. Madam Speaker, I basic rights that our Founding Fathers Have we made the right balance be- thank my friend for yielding, and I knew were the bedrock of the United tween security and liberty? What can urge my colleagues to vote for this im- States democracy. we do to ensure that our constitutional portant motion to instruct on the PA- Mr. SENSENBRENNER. Madam rights are not violated? TRIOT Act. Like so many, I voted for Speaker, I yield myself such time as I I wish, Madam Speaker, that this the PATRIOT Act the first time and may consume. motion to instruct were broader than the second time. But I agree with the Madam Speaker, I am the author of it is, that it kept all the sunsetting gentleman from California and the gen- the sunsets that were put in the PA- provisions from being made permanent. tleman from Virginia, and as I under- TRIOT Act that was signed by the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00138 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25621 President in October of 2001 because I tinize these authorities from time to massive group, but one individual who agreed with what I heard from the gen- time. That is why I offered an amend- may be part of, words may have sug- tleman from Maryland (Mr. HOYER), ment to extend the PATRIOT Act sun- gested that they are giving some com- that we ought to look at what the Jus- sets during the Intelligence Committee fort to those whose views we disagree tice Department had done with these markup of H.R. 3199. with can be hauled in as a terrorist. expanded powers. We have looked at b 1600 This sunset allows us to protect the those actions. We have looked at how American people. those expanded powers have been uti- Like my amendment, this instruc- Many of us are familiar with the re- lized; and in 14 of the 16 cases, nobody tion to conferees to accept the Senate cent film that said ‘‘Good Night and had any complaint about how those ex- sunsets would not alter the original Good Luck.’’ It reminded us of the days panded powers have been utilized. PATRIOT Act authorities. After all, of the McCarthy era when no one Now, sunsets are very rare in con- national security has to be our number seemed to want to rise to support the gressional action. I am proud of the one priority, but accepting the Senate rights of the American people. I ask fact that I put the sunsets in almost 4 sunsets would also force us to reevalu- my colleagues to support this motion years ago. But what I will say is that ate again 4 years from now whether to instruct and sunset in 4 years so we do not sunset a whole host of other they are truly effective in fighting ter- Congress can have the ability to pro- programs. Social Security is not rorism. Oversight and accountability is tect the rights of the American people. an essential element of the PATRIOT sunsetted, nor should it be. Amtrak is GENERAL LEAVE Act. not sunsetted, maybe it should be, but Mr. SENSENBRENNER. Mr. Speak- it is not. And I have, I am looking at I would also like to respond to the chairman’s point that there were not er, I ask unanimous consent that all the Federal criminal code and the na- Members may have 5 legislative days tional security letters that have been any abuses. The issue is not whether there were abuses. The issue is setting within which to revise and extend their complained of by people on the other remarks and include extraneous mate- side of the aisle; they are not a system that we need to have in ef- fect. rial on the motion to instruct cur- sunsetted. The authority for the na- rently pending. tional security letters was passed in Mr. BOUCHER. Mr. Speaker, I yield 2 The SPEAKER pro tempore (Mr. 1986 when, I recall, the current minor- minutes to the gentlewoman from SIMPSON). Is there objection to the re- ity party had a significant majority in Texas (Ms. JACKSON-LEE), another dis- quest of the gentleman from Wis- the House of Representatives. tinguished member of the House Judi- consin? Now, if sunsets were so important ciary Committee. There was no objection. when we are dealing with the civil lib- Ms. JACKSON-LEE of Texas. Mr. erties of the people of the United Speaker, I thank the gentleman from Mr. SENSENBRENNER. Mr. Speak- States of America, why did you forget the Judiciary Committee for the wis- er, I yield myself the balance of my about them 19 years ago? dom of this motion, and I applaud the time. Madam Speaker, I reserve the bal- joining by the chairman of the full Mr. Speaker, we have had a pretty ance of my time. committee and offer an explanation for extensive debate on this motion to in- Mr. BOUCHER. Madam Speaker, I the reason our colleagues should join struct. I think the motion to instruct yield 2 minutes to the gentleman from us in supporting this motion to in- is constructive and would urge the Maryland (Mr. RUPPERSBERGER). struct, and frame it in the context of Members to support it. Mr. RUPPERSBERGER. Madam the crisis of the recent weeks, asking On the other hand, after listening to Speaker, I rise in support of the motion Congress to accept its responsibility to the debate that has been going on here to instruct. Let me say up front that I investigate the CIA leaks and now to for the last 40 or 45 minutes or so, what think the PATRIOT Act provided es- investigate further the leaking of the we have heard from the people who sential tools that were not available CIA sites, some call it sites of torture, have complained about the PATRIOT before the 9/11 terrorist attacks. These incarceration, of individuals around Act is the potential for abuse rather tools are essential to identifying and the world who have been charged or are than abuse itself. I would point out tracking terrorists inside the United alleged to have committed acts of ter- that there is a potential for abuse of States, and that is the way it should rorism. practically everything law enforce- be. It has to be national security first. It is important now to speak to the ment does. But the PATRIOT Act was passed just American people and argue that this There is a tremendous amount of dis- 7 weeks after 9/11. When it was passed, motion to instruct does simply one cretion that the law and the Constitu- there were concerns that some of the thing. It now brings the American peo- tion have given to our law enforcement authorities were too broad or too sus- ple into the focus of being the priority personnel, to our prosecutors, to those ceptible to abuse. The proposal of the actions of this Congress. who apply for search warrants as well emerged to sunset 16 of the most con- Yes, the PATRIOT Act in some as other tools that law enforcement troversial provisions. That was a sen- minds has offered to provide us more utilizes to keep us safe and to try to sible idea. The sunsets would allow the protection. There were aspects of the track down those who commit crimes Justice Department and the public to PATRIOT Act that I did support. The or who conspire to commit crimes or evaluate the effectiveness of these pro- original writing was a bipartisan prod- acts of terrorism. visions and decide whether there was a uct. Unfortunately, the ultimate prod- I do not know why there seems to be continuing need for them or a need to uct was not as bipartisan. a greater suspicion that law enforce- modify them. But what is bipartisan is our respon- ment already abuses provisions under The House bill includes important re- sibility to protect the American peo- the PATRIOT Act rather than other finements to the PATRIOT Act passed ple. The 4-year sunset gives us that op- provisions of law which are not sunset, 4 years ago. Honest people can disagree portunity so that we can begin in 4 including the national security letters, about whether these provisions were years to assess whether authorizing se- because the facts simply are not there too broad or just right; but the point cret intelligence, going into libraries that there has been abuse. is, the sunset provisions worked. They and getting a list of your library books What I would like to ask the Mem- compelled Congress to take a second helps or hurts the American people; bers as we are debating the PATRIOT look at key provisions in the PATRIOT whether the authorizing of a blank Act as it goes forward through con- Act and improve them. The sunsets wiretap helps or hurts the American ference and to the floor is to look at forced us to have accountability as we people; whether or not the lone wolf, what the Justice Department has done; expanded law enforcement authorities. where you can be one individual, not and where the Justice Department has That is a game plan that we should part of a terrorist organization or an done it right, the Justice Department stick with. We should continue to scru- association or to be part of a large should be told they have done it right.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00139 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25622 CONGRESSIONAL RECORD—HOUSE November 9, 2005 And that means eliminating the sun- I urge approval of the motion to in- (2) surveillance be conducted only when the sets from those areas where it has done struct. suspect is present at the place to be wire- it right. Mr. JONES of North Carolina. Mr. Speaker, tapped. And where there has to be a greater I rise in support of this motion to instruct. It also would revise the PATRIOT Act’s pro- scrutiny on it, such as the two provi- The American people want us to protect visions governing search warrants to— sions in the House-passed bill and the them from the terrorists—but the American (1) Limit the authority to delay notice of the lone wolf provision that are being people also want us to protect their liberties issuance of such a search warrant to cir- talked about, we can talk about future and constitutional rights from an overreaching cumstances where providing immediate notice sunsets; and I support the concept of government. of the warrant will endanger the life or physical doing that. Our system of government is made up of safety of an individual, result in flight from But simply going around and paint- checks and balances and this motion to in- prosecution or the intimidation of a potential ing with a broad brush the Justice De- struct only expands these checks and bal- witness, or result in the destruction of or tam- partment for the potential of abuse ances. pering with the evidence sought under the A review every 4 years is the right action to which has not happened, I think, is un- warrant; and assure American citizens that their civil lib- fair and does not go to the debate of (2) Require such delayed notification to be erties are protected. whether the PATRIOT Act has actually Let me close with a quote attributed to Pat- issued within seven days (instead of a ‘‘rea- served to protect the people of the rick Henry: sonable period’’), with extensions by the court United States without trampling on The Constitution is not an instrument for for additional periods of up to 21 calendar their civil liberties. It has done that. the government to restrain the people, it is days each time that the court finds reasonable That is why it is a good law and that an instrument for the people to restrain the cause to believe that notice of the execution of is why some provisions should be made government—lest it come to dominate our the warrant would have such consequences. It permanent and some provisions should lives and interests. also would require the Attorney General, on a be sunsetted to be looked at in the fu- I ask that we restore the Senate’s Sunsets semiannual basis, to transmit to Congress and ture. in the Conference Report. make public a report concerning all requests Mr. Speaker, again I urge the Mem- Mr. UDALL of Colorado. Mr. Speaker, I am for delays of notice and for extensions of such bers to support the motion to instruct. voting for this motion to instruct because I delays. When we come back with a conference think it is absolutely necessary, although I do The SAFE bill also would amend FISA to re- report, I will urge the Members to sup- not think it is sufficient. The motion will instruct quire, with respect to access by the Federal port that as well. the House’s conferees to accept the provi- Bureau of Investigation to business records for Mr. Speaker, I yield back the balance sions in the Senate version of the legislation foreign intelligence and international terrorism of my time. that will establish four-year sunsets on three investigations, that there be specific and Mr. BOUCHER. Mr. Speaker, I yield things. articulable facts giving reason to believe that myself the balance of my time. These sunsets would apply to: the person to whom the records pertain is a Mr. Speaker, first of all, I want to (1) Section 215 of the PATRIOT Act, which foreign power or agent. commend the gentleman from Cali- allows the secret Foreign Intelligence Surveil- It would specify that libraries will not be fornia (Mr. ROHRABACHER) and the gen- lance Court to issue orders for any tangible treated as wire or electronic communication tleman from Florida (Mr. MACK) for thing—including business, library, and medical service providers under provisions granting partnering with us and structuring this records—to anyone, as long as it is relevant to counterintelligence access to provider sub- motion to instruct conferees. I want to a terrorist investigation; scriber information, toll billing records informa- express appreciation to the gentleman (2) Section 206 of the PATRIOT Act, which tion, or electronic communication transactional from Wisconsin (Mr. SENSENBRENNER) allows law enforcement officials to track a par- records. for his constructive comments and for ticular suspect by tapping multiple communica- And it would redefine ‘‘domestic terrorism’’ his support of the motion to instruct. tion devices, as opposed to a single mode of to mean only activities that involve acts dan- The motion to instruct promotes ac- communication; and gerous to human life and that constitute a (3) The so-called ‘‘Lone Wolf’’ Provision of countability. It assures that we remain Federal crime of terrorism. in a strong position in our oversight the Intelligence reform legislation, which al- The broad support for such changes in the function. Recent history clearly shows lows the government to conduct surveillance Patriot Act is shown by the fact that the SAFE on ‘‘lone wolf’’ terrorist suspects, who are not that in the absence of a near-term sun- bill is cosponsored by many Members from connected with a foreign power or recognized set we will not get answers to our ques- both sides of the aisle. It is also shown by the tions about how controversial law en- organization. One of the reasons I voted against the PA- fact that over the last four years more than forcement powers are being used. In TRIOT Act when it was first considered by the 300 communities and seven States, including the absence of a near-term sunset, we House was my concern that the ‘‘sunset’’ Colorado—governments representing over 62 cannot ensure that civil liberties are clauses were too generous, meaning that the million people—have passed resolutions op- being protected. provisions covered by those clauses would re- posing parts of the PATRIOT Act. This is not a matter about what the main in effect too long without the need for Much of that public concern—a concern I Department of Justice has done in the Congressional reconsideration. That was also share—has focused on the possible effects on past, and I differ with the gentleman a major reason I voted against H.R. 3199 ear- the privacy of patrons and customers from the from Wisconsin on this matter. This is lier this year. application of section 215 of the ‘‘PATRIOT all about what the Department of Jus- So, I definitely agree that the conferees Act’’ to libraries and bookstores. I think the tice may do in the future. And having should accept the Senate bill’s shorter sunset conference report should include restrictions near-term sunsets will ensure that we periods for these three provisions. However, I on the application of section 215 similar to can perform oversight over that per- think it would be even better for the conferees those that would have been imposed by the formance. to go further. Sanders amendment to the Justice Depart- Sunsets do not prevent law enforce- In particular, I think the conference report ment’s fiscal year 2006 appropriations bill—an ment from using the broad powers the should include provisions along the lines of amendment that the House approved earlier PATRIOT Act confers, but sunsets pro- the bipartisan reform measure, known as the this year by a vote of 238 to 187. mote accountability. They ensure we Security and Freedom Ensured (SAFE) Act of Mr. Speaker, when the House debated this get the information necessary to con- 2005 (H.R. 1526), of which I am a cosponsor. bill earlier this year, I said that my reaction to duct oversight and to make decisions That bill would amend the PATRIOT Act to it was similar to the one I had to the original about whether powers that are subject modify provisions regarding roving wiretaps ‘‘PATRIOT Act’’ legislation 4 years ago. As I to abuse should be contended. under the Foreign Intelligence Surveillance Act did then, I strongly support combating ter- Adopt this motion, let us adopt the of 1978 (FISA) to require that: rorism, here at home as well as abroad. But Senate’s 4-year sunsets and, in doing (1) an order approving an electronic surveil- I continue to think that it is essential that we so, further the cause of protecting lance specify either the identity of the target, remember and respect the constitutional rights Americans’ civil liberties. Mr. Speaker, or the place to be wiretapped; and of law-abiding Americans as we wage war

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00140 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25623 against those who would destroy both our Members may have 5 legislative days forcement officers were killed in the Constitution and our country. In fact, I think within which to revise and extend their United States in 2002 and 56 were killed that if we don’t do that we will lose much of remarks and include extraneous mate- in 2001. From 1994 through 2003 a total what we are seeking to defend. rial on H.R. 1751. of 616 law enforcement officers were fe- I voted against the bill as it came to the The SPEAKER pro tempore. Is there loniously killed in the line of duty. Ap- House floor because I concluded that it did not objection to the request of the gen- proximately 100 of these officers were strike the right balance, and should not be- tleman from Wisconsin? murdered after being entrapped or am- come law in its present form. But I am hopeful There was no objection. bushed by their killers. These attacks that the bill will be further improved and the f are simply unacceptable. conferees will produce a revised version that The lives of judicial personnel are SECURE ACCESS TO JUSTICE AND deserves the support of all Members of Con- also at great risk. According to the Ad- COURT PROTECTION ACT OF 2005 gress. ministrative Office of the United Mr. BOUCHER. Mr. Speaker, I yield The SPEAKER pro tempore (Mrs. States Courts, Federal judges receive back the balance of my time. CAPITO). Pursuant to House Resolution nearly 700 threats a year and several The SPEAKER pro tempore. Without 540 and rule XVIII, the Chair declares Federal judges require security per- objection, the previous question is or- the House in the Committee of the sonnel to protect them and their fami- dered on the motion to instruct. Whole House on the State of the Union lies from terrorist associates, violent There was no objection. for the consideration of the bill, H.R. gangs, drug organizations and disgrun- The SPEAKER pro tempore. The 1751. tled litigants. The intimidation of judges directly assaults the impartial question is on the motion to instruct b 1610 offered by the gentleman from Virginia administration of justice our Constitu- IN THE COMMITTEE OF THE WHOLE (Mr. BOUCHER). tion demands. The motion was agreed to. Accordingly, the House resolved Court witnesses are also at risk. A motion to reconsider was laid on itself into the Committee of the Whole Threats and intimidation toward wit- the table. House on the State of the Union for the nesses continue to grow, particularly The SPEAKER pro tempore. Without consideration of the bill (H.R. 1751) to at the State and local level. In 1996, a objection, the Chair appoints the fol- amend title 18, United States Code, to witness intimidation study by the Jus- lowing conferees: protect judges, prosecutors, witnesses, tice Department included that witness From the Committee on the Judici- victims, and their family members, and intimidation is a pervasive and insid- ary, for consideration of the House bill for other purposes, with Mr. SIMPSON in ious problem. No part of the country is (except section 132) and the Senate the chair. spared and no witness can feel entirely amendment, and modifications com- The Clerk read the title of the bill. free or safe. Prosecutors interviewed in this study mitted to conference: Messrs. SENSEN- The CHAIRMAN. Pursuant to the estimated that witness intimidation BRENNER, COBLE, SMITH of Texas, rule, the bill is considered read the occurs in 75 to 100 percent of the vio- GALLEGLY, CHABOT, JENKINS, CONYERS, first time. lent crimes committed in some gang- BERMAN, BOUCHER, and NADLER. The gentleman from Wisconsin (Mr. dominated neighborhoods. Provided that Mr. SCOTT of Virginia SENSENBRENNER) and the gentlewoman from Texas (Ms. JACKSON-LEE) each This bill passed the Committee on is appointed in lieu of Mr. NADLER for the Judiciary by an overwhelming vote consideration of sections 105, 109, 111– will control 30 minutes. The Chair recognizes the gentleman of 26–5. The legislation enhances crimi- 114, 120, 121, 124, 131, and title II of the nal penalties for assaults and the kill- House bill, and modifications com- from Wisconsin (Mr. SENSENBRENNER). Mr. SENSENBRENNER. Mr. Chair- ing of Federal, State and local judges, mitted to conference. witnesses, law enforcement officers, From the Permanent Select Com- man, I yield myself such time as I may courthouse personnel and their family mittee on Intelligence, for consider- consume. members. ation of sections 102, 103, 106, 107, 109, Mr. Chairman, I rise in support of and 132 of the House bill, and sections H.R. 1751, the Secure Access to Justice b 1615 2, 3, 6, 7, 9, and 10 of the Senate amend- and Court Protection Act of 2005. It provides grants to State and local ment, and modifications committed to Violent attacks and intimidation courts to improve security services and conference: Mr. HOEKSTRA, Mrs. WILSON against courthouse personnel and law improves the ability of the United of New Mexico, and Ms. HARMAN. enforcement officers present a threat States Marshals to protect the Federal From the Committee on Energy and to the integrity of the justice system judiciary. Commerce, for consideration of sec- that Congress has a duty to confront. The bill also prohibits public disclo- tions 124 and 231 of the House bill, and The murder of family members of sure, on the Internet and other public modifications committed to con- United States District Judge Joan sources, of personal information about ference: Messrs. NORWOOD, SHADEGG, Lefkow, the brutal slayings of Judge judges, law enforcement, victims and and DINGELL. Rowland Barnes, his court reporter, his witnesses to protect Federal judges and From the Committee on Financial deputy sheriff, and a Federal officer in prosecutors from organized efforts to Services, for consideration of section Atlanta, and the cold-blooded shoot- harass and intimidate them through 117 of the House bill, and modifications ings outside the Tyler, Texas, court- false filings of liens and other encum- committed to conference: Messrs. house all underscore the need to pro- brances against their property and im- OXLEY, BACHUS, and FRANK of Massa- vide better protection for judges, proves coordination between the mar- chusetts. courthouse personnel, witnesses, law shals and the Federal judges. From the Committee on Homeland enforcement and their family mem- The bill also contains vital security Security, for consideration of sections bers. measures for Federal prosecutors han- 127–129 of the House bill, and modifica- This bill is an important bipartisan dling dangerous trials against terror- tions committed to conference: Messrs. measure introduced by the gentleman ists, drug organizations, and other or- KING of New York, WELDON of Pennsyl- from Texas (Mr. GOHMERT) and the gen- ganized crime figures. vania, and Ms. ZOE LOFGREN of Cali- tleman from New York (Mr. WEINER). Finally, the bill incorporates key fornia. It will help address the problem of vio- provisions of the Peace Officer Justice There was no objection. lence in and around our Nation’s court- Act, legislation introduced by the gen- f houses. tleman from California (Mr. DREIER), Statistics show that aggravated as- to bring justice to those who murder GENERAL LEAVE saults against police officers are a seri- law enforcement personnel and flee to Mr. SENSENBRENNER. Mr. Speak- ous national problem. According to the foreign nations to escape prosecution er, I ask unanimous consent that all Bureau of Justice Statistics, 52 law en- and justice in this country.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00141 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25624 CONGRESSIONAL RECORD—HOUSE November 9, 2005 The bill is supported by those on the member, and the gentleman from Wis- the Federal sentencing system. Yes, we front lines of our criminal justice sys- consin (Mr. SENSENBRENNER), the chair- must have deterrence, and I have sup- tem and is backed by the Conference of man, for their collaborative efforts, ported enhancements of penalties, add- Chief Justices and the Conference of and the gentleman from Texas (Mr. ing more time for individuals to serve; State Court Administrators; the Fed- GOHMERT), my colleague, a former but at the same time, we must allow eral Bar Association; the Federal judge, and I guess one would say once a the courts to make that determination. Criminal Investigators Association; judge always a judge, who has taken If heinous acts against our Federal and the Fraternal Order of Police; the the leadership on this issue. courts have been perpetrated, then National Association of Assistant U.S. None of us would step away from the that judge hearing that particular case Attorneys; the International Union of purpose and the necessity of this legis- would then have the discretion to yield Police Associations AFL–CIO; the lation. In fact, I am very gratified to or to render, along with a jury and a Major County Sheriffs’ Association; have secured an amendment that will jury trial, the highest sentence; but the National Law Enforcement Coun- allow State courts to establish a threat the mandatory minimum would not be cil; the National Sheriffs’ Association; assessment database similar to that of there in place of a judge’s discretion. the National Troopers Coalition; the the U.S. Marshals where they will be International Association of Campus able to determine the threat status or As I was saying, the Federal sen- Law Enforcement Administrators; and situation against a respective court, tencing system, the Judicial Con- the American Federation of State, and then, of course, to hopefully have ference has said, and the mandatory County and Municipal Employees. an amendment that would pass that sentencing undermine the sentencing When judges, prosecutors, law en- would provide grants to the highest guideline regimen established by Con- forcement and courthouse personnel State courts to be able to disseminate gress to promote fairness and propor- speak in a clear and unanimous voice, those moneys to create that database tionality and destroy honesty in sen- we have a duty to listen and to act to and that threat assessment database. tencing by encouraging charge and fact give their members the tools and re- In addition, I would say that this plea bargains. sources necessary for their protection. hard work and commitment of Demo- In fact, in a recent letter to members Mr. Chairman, Congress has an obli- cratic members on the committee have of the Crime Subcommittee regarding gation to ensure that America’s courts also now provided for offers of grants H.R. 1279, the Gang Deterrence and and the brave men and women of law to State courts so they can make Community Protection Act of 2005, the enforcement render justice without meaningful enhancements to court- conference noted that mandatory min- fear of assault or retaliation. Judges, room safety and security. imum sentences create the opposite of witnesses, courthouse personnel, and It provides the U.S. Marshal Service their intended effect. Far from fos- law enforcement officers must operate with an additional $100 million over the tering certainty in punishment, man- without fear in order to administer the course of the next 5 years to increase datory minimums result in unwar- law without bias. ongoing investigations and expand the ranted sentencing disparity, and man- I urge my colleagues to strengthen protective services it currently offers datory minimums treat dissimilar of- the integrity of America’s justice sys- to members of the Federal judiciary. fenders in a similar manner, although tem and the security of court and law It authorizes the Attorney General to those offenders can be quite different enforcement personnel by supporting establish a grant program for States to with respect to the seriousness of their this vital and bipartisan legislation. Mr. Chairman, I reserve the balance establish threat assessment databases. conduct or their danger to society. Even with these valuable improve- of my time. So I would suggest that we are united Ms. JACKSON-LEE of Texas. Mr. ments, however, the bill still suffers around the necessity of this legisla- Chairman, I yield myself such time as from a number of fatal flaws, specifi- tion. We must protect our courts and I might consume. cally its inclusion of 16 mandatory those officials. I might add that I hope It is, I think, a very clear statement minimum sentences and its establish- that we will have further discussion to make that we have faced extensive ment of one new death-penalty-eligible about lawyers who are engaged in the violence in our courts in recent times. offense. practice of law in cases where they The problem of violence and threats Let me comment briefly on those come under particular threats, whether against judges, court officials, employ- mandatory sentences. Mandatory min- it is in particular the prosecutor who is ees, witnesses, and victims is not a new imum penalties have been studied ex- covered by this or defense lawyers and one, but one that is growing rapidly. tensively; and the vast majority of other lawyers who engage in cases Recent events, including the killing available research clearly indicates which generate threats against their of a Fulton County judge and other that they do not, in many instances, lives. We might consider hearings that court personnel in Atlanta, the mur- work. Among many other things, they would discuss that propensity. ders of United States district judge have been shown to distort the sen- I might also say that the incon- Joan Lefkow’s family members outside tencing process to discriminate against sistent and arbitrary nature of manda- Chicago, Illinois, and the murders im- minorities in their application and to tory minimum sentences is made read- mediately outside the Tyler, Texas, waste valuable taxpayer money. ily apparent by a quick analysis of sec- courthouse have underscored the in- But the real emphasis is, although we tion 2 of the bill. Section 2 establishes creasing significance of the problem. are here today to protect our court sys- a 1-year mandatory minimum with 10- According to the Administrative Of- tems and our court officials and our year maximum criminal penalty for as- fice of United States Courts, there are law enforcement officials, we are also saulting the immediate family member almost 700 threats a year made against here to recognize the discretion nec- of a law enforcement officer or judge, if Federal judges; and in numerous cases, essary for our courts; and in many in- the assault results in bodily injury. Federal judges have had security de- stances, the judicial conference itself However, just a few lines later in the tails assigned to them for fear of at- has indicated its desire to have more same section, an identical criminal tack by members of violent gangs, drug discretion in sentencing. penalty is established for a simple organizations and disgruntled liti- The Judicial Conference of the threat. gants. United States would see the impact of With such tragic incidents, Mr. mandatory minimum sentences on in- So, Mr. Chairman, I think it is im- Chairman, we are in collaboration, if dividual cases, as well as on the crimi- portant that as we support this legisla- you will, on H.R. 1751, at least the nal justice system as a whole, and has tion that we also take note of some of premise, the Secure Access to Justice expressed its deep opposition to manda- the inconsistencies that might warrant and Court Protection Act of 2005. tory minimum sentencing over a dozen consideration as this bill makes its I commend the gentleman from times to Congress, noting that these way through the House, through the Michigan (Mr. CONYERS), the ranking sentences severely distort and damage Senate and, of course, conference.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00142 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25625 On the issue of the death penalty, let Congress to promote fairness and proportion- 2005. This bill prevents, protects, and me suggest these few thoughts. In cre- ality, and ‘‘destroy honesty in sentencing by punishes. It prevents future attacks, it ating a new death-penalty-eligible of- encouraging charge and fact plea bargains.’’ protects the entire courthouse family, fense for anyone convicted of killing a In fact, in a recent letter to Members of the and it punishes those who threaten the federally funded public safety officer, Crime Subcommittee regarding H.R. 1279, the safety and security of our Nation’s there is no disagreement in the value ‘‘Gang Deterrence and Community Protection courthouses. The time has come to re- of our public safety officer. It is just Act of 2005,’’ the Conference noted that man- store some sanity and security, and it whether or not in addition to such an datory minimum sentences create ‘‘the oppo- is the responsibility of the government offense of death penalty, whether or site of their intended effect.’’ to assure our citizens have a safe not a substitute of life imprisonment Far from fostering certainty in punishment, courtroom. without parole could have equally been mandatory minimums result in unwarranted The legislation will work to prevent used. Expansion of the use of the Fed- sentencing disparity. Mandatory minimums future attacks in our Nation’s court- eral death penalty in the current envi- treat dissimilar offenders in a similar manner, houses such as what happened at my ronment seems to warrant consider- although those offenders can be quite different former courthouse in east Texas. That ation. with respect to the seriousness of their con- tragic day in February, we lost a brave The public is clearly rethinking the duct or their danger to society. man, Mark Wilson, who stepped up to appropriateness of the death penalty in The inconsistent and arbitrary nature of attempt to save the lives of innocent general due to the evidence that it is mandatory minimum sentences is made read- citizens at the courthouse and was ineffective in deterring crime and is ra- ily apparent by a quick analysis of section 2 of killed the same day. Also, Deputy cially discriminatory and is more often the bill. Section 2 establishes a one year man- Sherman Dollison was badly injured than not found to be erroneously ap- datory minimum (with a 10 year maximum while he attempted to protect those at plied. criminal penalty) for assaulting the immediate the courthouse. With passage of the Se- I know that for a fact in a recent family member of a law enforcement officer or cure Access to Justice and Court Pro- case we had in Texas, Frances Newton, judge—if the assault results in bodily injury. tection Act, we are taking an impor- a young woman accused of killing her However, just a few lines later in the same tant step toward prevention of similar children and her husband, a horrific section, an identical criminal penalty is estab- events happening again. and heinous crime, certainly one would lished for a simple threat. Thus, the same sec- This bill has garnered a lot of sup- suggest that she warrants the ultimate tion of the bill makes two completely different port across the country since its intro- penalty. However, unfortunately, in pe- actions, with considerably varying outcomes, duction in April, and I want to take a titioning to get a new trial on the basis subject to the same term of imprisonment. moment to thank some of those who of real definitive new evidence, the Furthermore, H.R. 1751 unwisely creates a have supported H.R. 1751. courts would not consider such; and, of new death penalty eligible offense for anyone First of all, I thank Judge Cynthia course, Frances Newton has gone to convicted of killing a federally funded public Kent, who hails from the Rose City of her death. I believe that she has gone safety officer. Expansion of the use of the fed- Tyler, Texas. Judge Kent is a talented to her death with raising the question eral death penalty in the current environment judge and a good friend. She testified of whether or not she was, in fact, in- is patently unwarranted. The public is clearly before the Crime, Terrorism and Home- nocent or guilty. rethinking the appropriateness of the death land Security Subcommittee about the In a 23-year comprehensive study of penalty, in general, due to the evidence that it tragic events that took place right out- death penalties, 68 percent were found is ineffective in deterring crime, is racially dis- side the courtroom she presides over. to be erroneously applied. So it is not criminatory, and is more often than not found She, too, knows personally about surprising that 119 people sentenced to to be erroneously applied. In a 23-year com- threats against her and her family. Her death for murder over the past 12 years prehensive study of death penalties, 68 per- input and support have been extremely been completely exonerated of those cent were found to be erroneously applied. helpful in developing this legislation. crimes. So, it is not surprising that 119 people sen- Judge Jane Roth, former chairwoman This is a good bill. It would have tenced to death for murder over the past 12 of the Judicial Conference Committee been even better if we had considered years have been completely exonerated of on Security and Facilities, also testi- life without parole and considered the those crimes. Nor is it surprising with that fied and was very helpful; Honorable viability or the necessity of creating a such a lackluster record of death penalty ad- Paul McNulty, who was then the U.S. new eligibility for the death penalty. ministrations that several states have abol- Attorney for the Eastern District of I would ask my colleagues to con- ished the death penalty. For example, Con- Virginia; and also Honorable John sider this legislation. necticut has not executed anyone in 45 years. Clark, who at that time was a U.S. Let me begin by saying that I strongly sup- Without a doubt, the increasing numbers of Marshal for the Eastern District of Vir- port the need to protect judges and court offi- innocent people released from death row illus- ginia. cials from threats and violence. Despite this trates the fallibility of the current system. Last I would also like to thank Judge fact, I do have major concerns with this bill. year, a University of Michigan study identified Joan Lefkow for her testimony before For example, H.R. 1751 proposes to add 16 199 murder exonerations since 1989, 73 of the Senate supporting the court secu- new mandatory minimum sentences to the them in capital cases. Moreover, the same rity legislation. I have spoken with her current criminal code. Mandatory minimum study found that death row inmates represent personally and again just in the last penalties have been studied extensively and a quarter of 1 percent of the prison population hour, and she is most gracious and also the vast majority of available research clearly but 22 percent of the exonerated. grateful for the overall bill. She had indicates that they do not work. Among other Mr. Chairman, I reserve the balance also mentioned previously when I things, they have been shown to distort the of my time. talked with her a concern about provi- sentencing process, to discriminate against Mr. SENSENBRENNER. Mr. Chair- sions regarding writs of habeas corpus minorities in their application, and to waste man, I yield 6 minutes to the gen- procedure. That has been pulled from valuable taxpayer money. tleman from Texas (Mr. GOHMERT), the the bill itself. It is not part of the over- The Judicial Conference of the United author of the bill. all bill today. We also know that her States, which sees the impact of mandatory Mr. GOHMERT. Mr. Chairman, I elderly mother and husband were trag- minimum sentences on individual cases as thank the gentleman very much. I do ically murdered by a disgruntled gen- well as on the criminal justice system as a appreciate the time. I appreciate all tleman who was upset by a ruling she whole, has expressed its deep opposition to the assistance in this bill. The chair- had made in a case. mandatory minimum sentencing over a dozen man has been wonderful in helping This bill requires consultation and times to Congress, noting that these sen- with this and making this a reality. coordination of U.S. courts between tences ‘‘severely distort and damage the Fed- Mr. Chairman, I rise today in strong U.S. Marshals and the courts them- eral sentencing system . . . undermine the support of H.R. 1751, the Secure Access selves. It will open the lines of commu- Sentencing Guideline regimen’’ established by to Justice and Court Protection Act of nication between the marshals and the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00143 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25626 CONGRESSIONAL RECORD—HOUSE November 9, 2005 courts and, therefore, help with the vility, our Nation’s courthouses. I urge tory minimums. And judges facing prevention, protection, and penalties in all Members to vote yes. such defendants clearly do not need this bill. Ms. JACKSON-LEE of Texas. Mr. congressional guidance on what the ap- Those of us who have had threats Chairman, I yield myself 1 minute. propriate sentences may be. against us as judges, but particularly Let me simply say that I think we Accordingly, I have prepared an against our families, understand all too will continue to have discussions as re- amendment which would remove the well the importance of this bill. lates to mandatory minimums. I think provisions allowing the Federal Gov- I would also like to thank Chairman this bill has great purpose; I think it is ernment, simply on the basis of some- SENSENBRENNER for shepherding this important, however, for us to raise one’s salary being paid in part by Fed- legislation as he has through his com- those issues. eral funds, to take over traditional mittee, through the rules and here to I will conclude by saying that we State prosecutions of State murder the floor. It is an honor to serve with have a long way to go in the criminal cases. I have also prepared an amend- him on the Judiciary Committee that justice system, and I hope that we will ment which would remove the manda- he chairs, and I thank the chairman for also bring to the floor of the House this tory minimum sentencing in Federal that continued support. whole issue of early release for those cases involving judges, their family who are languishing in prisons. I hope members or other court personnel, and b 1630 the Good Time Early Release bill for replaced them with higher maximums This legislation will protect imme- nonviolent prisoners in our Federal that would allow even greater sen- diate family members of federally prisons who are over 40 years old will tences than the bill allows in cases funded public safety officers and judges have an opportunity for full debate, be- which warrant it, but would not re- at all levels. It also provides enhanced cause they all go hand-in-hand. quire sentences which violate common penalties where the victims are U.S. Mr. SCOTT of Virginia. Mr. Chair- sense. The courts have not requested man- judges, Federal law enforcement offi- man, can you advise how much time re- datory minimums or death penalties cers, federally funded public safety of- mains? because they do nothing to protect the ficers, and includes now a provision to The CHAIRMAN. The gentleman court. Nevertheless, here we go again protect National Guard troops when from Virginia has 201⁄2 minutes remain- they are acting as public safety offi- with more mandatory minimums and ing and the gentleman from Wisconsin more death penalties. In fact, Mr. cers. 1 has 18 ⁄2 minutes remaining. Chairman, the Federal courts have con- It increases the maximum punish- Mr. SCOTT of Virginia. Mr. Chair- ment for crimes against victims, wit- sistently and loudly expressed their man, I yield myself such time as I may strong opposition to mandatory min- nesses, jurors and informants. consume. imum sentences. This bill adds a new Federal crime Mr. Chairman, I rise in opposition to Through rigorous study and analysis, prohibiting recording a fictitious lien H.R. 1751. With several sensational in- as well as through their everyday expe- by covering officers and employees of cidents in recent years involving the riences in sentencing major players the United States, including the Fed- murders of judges, family members of and bit players in crime, the courts eral judiciary and its employees. It judges, court personnel, witnesses and have determined mandatory minimums provides a 30-year mandatory min- other victims, we have seen the con- to be less effective than regular sen- imum to life in prison, or the death sequences of insufficient security for tencing. They have found them to be penalty for killing a federally funded our court operations and personnel as- racially discriminatory in their appli- public safety officer. Of course, for the sociated with the courts. cation. They have found mandatory defendant to get the death penalty, a All are agreed that enhancement of minimums to waste money compared death must have resulted from their security for our courts and all persons to traditional sentences, and they have actions. The bill includes killing mem- associated with them is imperative. found mandatory minimums to be a bers of the National Guard, as I men- However, the main focus of this bill is violation of common sense. tioned, and gives them added protec- not the things that the courts have The Judicial Conference has written tion. asked for to enhance their security, us often to express their opposition to There has been some mention by the but on extraneous death penalties and mandatory minimum sentencing and gentlewoman from Texas regarding mandatory minimum sentences which has just written us again with this bill mandatory minimums, and it should be will do nothing to improve the security to state their opposition to mandatory noted that we removed a number of of our courts or personnel associated minimum sentences as a violation of mandatory minimums in this bill for with them. the systemic sentencing scheme de- things like simple assault and threats. Mr. Chairman, I want to acknowledge signed to ‘‘reduce unwarranted dis- So the court has that consideration. and thank Chairman SENSENBRENNER parity and to provide proportionality But when it comes to seriously threat- for making significant improvements and fairness in punishment.’’ That idea ening, killing, kidnapping, conspiring in this bill since our initial consider- is violated with mandatory minimums. to do these things, there should be a ation of the bill in subcommittee, by The Judicial Conference and every- mandatory minimum and there is. The removing a number of the superfluous one concerned supports the grant pro- folks that we attempt to protect are on mandatory minimum sentences and grams in the bill aimed at strength- the front lines. They need protection. death penalties from the bill. However, ening court security and personnel and Mr. Chairman, I want to thank the all such provisions were not removed. providing security for persons associ- Rules Committee chairman, the gen- The notion that Congress has to di- ated with the courts. Absent manda- tleman from California (Mr. DREIER). rect judges on how to sentence those tory minimums and the extension of His bill was added to this, the David who harm or threaten judges and their the death penalties, this bill would be March provision, making a new Federal families and others associated with one that we could all support. criminal offense for flight to avoid court activities, or that Congress has Unfortunately, Mr. Chairman, be- prosecution for killing a peace officer. to replace the States in prosecution of cause of the mandatory minimums and It imposes 10 years in prison in addi- murders of State judges and other death penalty it is not one we can all tion to whatever the defendant re- State officials is absurd. The kinds of support. ceives. So it stacks it. people we are talking about clearly JUDICIAL CONFERENCE OF THE This is not intended to usurp State have not been deterred by death pen- UNITED STATES, authority but to assist the States alties and mandatory minimum sen- Washington, DC, November 8, 2005. where they need it and where they are tences already on the books and appli- Hon. JOHN CONYERS, Jr., Ranking Democrat, Committee on the Judiciary, unable. This valuable piece of legisla- cable to them for those kinds of House of Representatives, Washington, DC. tion is seeking to ensure the safety and crimes, so they certainly will not be DEAR REPRESENTATIVE CONYERS: On behalf security of America’s last bastion of ci- deterred by adding more such manda- of the Judicial Conference of the United

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00144 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25627 States, the policy-making body of the fed- Act of 2005, an amendment will be offered by judges of the ability to impose sentences eral judiciary. I am writing to convey its Representative Jeff Flake (R–AZ) to propose that fit the particular offense and offender. views regarding several of the provisions a range of changes in the law governing fed- Although mandatory minimums were de- contained in H.R. 1751, the ‘‘Secure Access to eral habeas corpus review of capital cases. signed to reduce the racial inequalities that Justice and Court Protection Act of 2005.’’ The ABA strongly opposes this amendment too often resulting from judicial sentencing Much of the impetus for portions of this and urges House members to reject it. discretion, in practice they shift discretion bill arose from the tragic circumstances sur- This amendment proposes a number of from the judge to the prosecutor. Prosecu- rounding the attempted murder of Judge technical changes in a complicated area of tors retain the power to plea bargain and Joan Lefkow of the United States District law without the benefit of hearings or any choose which defendants they will offer plea Court for the Northern District of Illinois. previous consideration by the House Judici- agreements to in order for those defendants Although Judge Lefkow survived the attack, ary Committee. It is inconsistent with other to avoid the mandatory penalty. It is not her mother and husband were shot and killed pending House and Senate legislation and its clear what standards (if any) prosecutors use by the assailant, a disgruntled litigant. enactment would create more confusion and to offer plea bargains, therefore only a few The current bill contains several provi- chaos in a complex area of law. defendants get the benefit of avoiding the sions that are of particular interest to the We are particularly concerned about a pro- mandatory sentence. This creates unfair and federal courts. Section 13 of the bill requires vision in the amendment that would com- inequitable sentences for people who commit the U.S. Marshals Service to consult with pletely remove federal court jurisdiction for similar crimes, thus contributing to the very the Administrative Office of the U.S. Courts all sentencing phase claims, not just those problem mandatory minimums were created regarding the security requirements of the found harmless by the state courts. Under to address. Judicial Branch. While the provision does this proposal, unless the claim goes to the (2) Scott (VA) #9: This amendment strikes not extend to a requirement that the Mar- validity of the conviction itself, it is not cog- the death penalty for the killing of federally shals Service ‘‘coordinate’’ with the judici- nizable in the federal courts. funded public safety officers. According to ary, we believe the proposed change is posi- If such a profound change in law were en- the Death Penalty Information Center, 121 tive and will enhance judicial security. Sec- acted, there would no longer be a federal prisoners on death row have now been exon- tion 14 of the bill is positive in that it will forum for claims of ineffective assistance of erated since 1973. Chronic problems, includ- help protect judges from the malicious re- counsel at the sentencing phase. As a result, ing inadequate defense counsel and racial cording of fictitious liens and is supported by no matter how inadequate the representa- disparities, plague the death penalty system the Judicial Conference. Section 16 of the tion (e.g., the sleeping lawyer case), the in the United States. As a matter of prin- bill is of particular interest to federal judges court would be without jurisdiction. Claims ciple, Congress should not be expanding the and their security because it will allow them of prosecutorial misconduct relating to the federal death penalty while these problems to continue to redact sensitive information penalty phase would not be cognizable. For remain unresolved. from their financial disclosure forms. Not a example, if the prosecution suppressed evi- We urge you to oppose the following day goes by without some unauthorized in- dence about the identity of the trigger-man, amendment: cursion into an information database con- that would also not be cognizable. At a re- (1) Flake #2: This amendment would elimi- taining personal information and this provi- sentencing proceeding ordered by a state nate federal jurisdiction for all sentencing sion is an important tool in protecting such court on direct appeal, a prosecutor could phase claims in habeas corpus proceedings, personal information. commit a flagrant violation of Batson v. unless the claim went to the validity of the Unfortunately, the bill also contains var- Kentucky by striking all African-Americans state conviction in a capital cases. For ex- ious provisions that expand the application from the jury, and a federal court would be ample, this would result in federal courts not of mandatory minimum sentences. The Judi- powerless to do anything about it. In short, having jurisdiction to review habeas peti- cial Conference opposes mandatory min- no matter how unreasonable the state court tions involving claims in state capital cases imum sentencing provisions because they decision was, there would be no federal juris- that were based on ineffective assistance of undermine the sentencing guideline regime diction for sentencing phase issues. The counsel or prosecutorial misconduct during Congress established under the Sentencing House should not act on such far-reaching the sentencing phase of the case—errors that Reform Act of 1984 by preventing the system- changes in the law of federal habeas corpus could mean the difference between life and atic development of guidelines that reduce jurisdiction without more careful consider- death for the petitioner. In addition, this unwarranted disparity and provide propor- ation and should reject the Flake amend- amendment would authorize the U.S. Attor- tionality and fairness in punishment. ment when it considers H.R. 1751. Fairness ney General to determine whether in a cap- The bill also contains a provision that and justice demand no less. ital case a state’s indigent defense counsel would allow the presiding judge, at all levels Sincerely, system passes constitutional muster. The of the judicial process, to permit the ROBERT D. EVANS. Attorney General, our nation’s top federal photographing, electronic recording, broad- prosecutor, is not an objective party and casting, or televising to the public of the AMERICAN CIVIL LIBERTIES UNION, therefore should not decide whether states court proceedings over which that judge pre- Washington, DC, November 9, 2005. have provided competent defense counsel in sides. The Judicial Conference believes that Re House Floor Vote on November 9, 2005, re- death penalty cases. the circuit councils of each circuit should re- garding H.R. 1751, Secure Access to Jus- For the above-mentioned reasons, we urge tain the authority to establish rules for the tice and Court Protection Act of 2005. members to oppose H.R. 1751 when the House photographing, recording, or broadcasting of DEAR REPRESENTATIVE: On behalf of the votes on the bill on November 9, 2005. appellate arguments in their courts. The Ju- American Civil Liberties Union, we write to Sincerely, dicial Conference does not support legisla- express our opposition to H.R. 1751, the Se- CAROLINE FREDRICKSON, tion that would allow trial court judges the cure Access to Justice and Court Protection Director. discretion to broadcast their courts’ pro- Act of 2005. This legislation would create a JESSELYN MCCURDY, ceedings. 30-year mandatory minimum sentence for Legislative Counsel. I appreciate having the opportunity to ex- second-degree murder in federal criminal Mr. CONYERS. Mr. Chairman, the legisla- press the views of the Judicial Conference in cases, add numerous other discriminatory tion under consideration today represents a relation to H.R., 1751, the ‘‘Secure Access to mandatory minimum sentences as well as ex- vast improvement over the version of the bill Justice and Court Protection Act of 2005.’’ If pand the number of crimes eligible for the as originally introduced. you have any questions regarding this legis- federal death penalty. H.R. 1751 is scheduled Thanks to the hard work and commitment of lation please contact Arthur White at (202) for a floor vote on Wednesday, November 9; Democratic members on the committee, it now 502–1700. we urge you to oppose this legislation. Sincerely, The House Rules Committee has made a offers grants to state courts so that they can LEONIDAS RALPH MECHAM, number of amendments in order for the floor make meaningful enhancements to courtroom Secretary. debate on H.R. 1751; we urge your support for safety and security. It provides the US Mar- the following amendments: shals Service with an additional $100 million, AMERICAN BAR ASSOCIATION, (1) Scott (VA) #8: This amendment replaces over the course of the next five years, to in- GOVERNMENTAL AFFAIRS OFFICE, all mandatory minimum sentences with crease ongoing investigations and expand the Washington, DC, November 8, 2005. higher maximum sentences. This bill creates protective services it currently offers to mem- HON. BOBBY SCOTT, many new mandatory minimums and bers of the federal judiciary. And it authorizes House of Representatives, changes the criminal penalties for several Washington, DC. existing federal crimes to mandatory min- the Attorney General to establish a grant pro- DEAR REPRESENTATIVE SCOTT: We under- imum sentences. For instance, H.R. 1751 gram for states to establish threat assessment stand that during consideration by the would make the punishment for second-de- databases. House of Representatives of H.R. 1751, the gree murder a 30-year mandatory sentence. Even with these valuable improvements, Safe Access to Justice and Court Protection Mandatory minimum sentences deprive however, the bill still suffers from two fatal

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00145 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25628 CONGRESSIONAL RECORD—HOUSE November 9, 2005 flaws. Specifically, its inclusion of 16 new In the aftermath of the security failures at enforcement operations in New Orleans fol- mandatory minimum sentences and its estab- the Fulton County Courthouse, the entire At- lowing Hurricane Katrina. Unfortunately, I lishment of one new death penalty eligible of- lanta metropolitan area, an area of more than found that our National Guardsmen are not fense. 4 million people, was on edge. Schools were protected by federal law if they are assaulted Mandatory minimums have been studied ex- put on lock down in several counties. If we or killed in the line of duty while serving States tensively and have been proven to be ineffec- had proper security measures in place on that during Presidentially declared disasters and tive in preventing crime. They also have been fateful Friday morning, we could have avoided emergencies. My bill, now included in the Se- proven to distort the sentencing process, and the hysteria and disruptions of normal life that cure Access to Justice and Court Protection waste valuable taxpayer money. followed. Act, extends the same penalties to those who With more than 2.1 million Americans cur- My constituents, the residents of the Atlanta attack both federal and non-federalized mem- rently in jail or prison—roughly quadruple the area, and the law-abiding citizens of this great bers of the Armed Services. number individuals incarcerated in 1985—it’s nation deserve the right to go about their daily I would like to thank Chairman SENSEN- hard to see how anyone can continue with lives knowing that our court rooms are secure. BRENNER and his staff for working with me to such a deeply flawed strategy. Therefore, I urge the passing of this bill. ensure that our National Guardsmen have the Today, this country incarcerates its citizens Mr. KIRK. Mr. Chairman, I rise in support of further support of the Federal Government. at a rate 14 times that of Japan, 8 times the H.R. 1751 and in support of the dedicated Ms. MCCOLLUM of Minnesota. Mr. Chair- rate of France and 6 times the rate of Canada. public servants working in our criminal justice man, I rise today to make known my position We spend an estimated $40 billion a year to system. The very nature of their work brings on H.R. 1751. Although I was on the floor yes- imprison criminal offenders, we choose to them in contact with dangerous criminals on a terday during the debate on this important leg- build prisons over schools and we fail to pro- daily basis. After conviction, some of these islation and intended to cast an affirmative vide inmates released from prison with the criminals seek revenge against the prosecu- vote, my vote was not recorded. The record necessary tools and assistance for a success- tors and judges who put them in prison. As will reflect that I was present for the preceding ful re-entry into society. unfortunate as it is, we must do more to pro- votes. Thanks to mandatory minimum sentences, tect those in the justice system who work to I strongly support the Secure Access to Jus- almost 10 percent of all inmates in state and protect all of us. tice and Court Protection Act of 2005. This federal prisons are serving life sentences, an We all remember the brutal murders of Mi- legislation was written in response to recent increase of 83 percent from 1992. In two chael Lefkow and Donna Humphrey, the hus- violence against judges and employees of the states alone, New York and California, almost band and mother of U.S. District Judge Joan courts. It increases penalties against those 20 percent of inmates are serving life sen- Lefkow. The initial investigation focused on a who threaten, assault, or murder judges, as tences. likely suspect, white supremacist Matthew well as court and law enforcement personnel. We’ve also noted the numerous problems Hale, who had been convicted of soliciting Members of the judiciary and their staff are that exist with regard to the death penalty. Judge Lefkow’s murder only a year before. As critical to ensuring that all Americans have ac- Namely, that all of the available evidence it turns out, Hale was not behind the murders, cess to our courts and to guaranteeing that clearly demonstrates that the current system is but another disgruntled individual with a his- justice and fairness remain essential values of flawed, defendants rarely receive adequate tory in front of Judge Lefkow was. Bart Ross, our society. legal representation and that its application is a plaintiff in a medical malpractice case Judge Many Democratic amendments were ac- racially discriminatory . Lefkow dismissed, wrote a letter to a Chicago cepted during debate in the Judiciary Com- There are now over 100 Americans that television station admitting he killed Michael mittee that make this a stronger bill. The have been sentenced to death, only later to be Lefkow and Donna Humphrey and that his tar- changes focused on providing increased exonerated. Proving that many of the people get had been the Judge. Included in the note grants to state and local governments to pre- convicted and sentenced to death are actually was a ‘‘hit list’’ of others he felt had wronged vent violence. This bill includes grant pro- innocent. him, many of whom were involved in his med- grams for states to assess court safety, to im- In the end, the few grants that this bill pur- ical malpractice case. One of the individuals prove witness protection programs, to create ports to offer in the area of witness protection on the ‘‘hit list’’ is a constituent of mine and databases to track domestic crime and ter- and court security can’t make up for its two while we are thankful he and his family are rorism and to develop programs to help juve- fatal flaws. safe, it is a chilling reminder that the security nile witnesses. I urge my colleagues to oppose this meas- of judicial officials cannot be taken for granted. Court officials in Minnesota have stated that ure. This tragic case is just one example of the these dollars will be extremely useful in pro- Mr. SCOTT of Georgia. Mr. Chairman, the danger prosecutors and judges can face sim- tecting witnesses who are often reluctant to entire country witnessed what happened in my ply for doing their jobs. Even though Matthew testify for fear of their safety. The courts can district, in the Fulton County Courthouse, on Hale and his white supremacist group were use this funding for temporary or permanent the morning of March 11, 2005. not responsible for the Letkow murders, they relocation to help keep witnesses, who are On that day, Brian Nichols, was to appear in were vocal in their praise for the killings on the vital to successfully prosecuting criminal a retrial for charges of rape and false impris- Internet. The fact remains that judges, pros- cases, remain safe. In addition, special train- onment. As he was escorted from his holding ecutors, and their families are often targeted ing for court staff, judges, and attorneys will cell to change into civilian clothes for the pro- and they can be in danger wherever they go, help make juvenile witnesses more com- ceeding, he over-powered the female sheriff’s even in their own homes. Mr. Chairman, I sup- fortable and able to deal with their important deputy overseeing his transfer, stole her gun, port this legislation and I believe the Congress role in trial. and shot her in the face. Mr. Nichols then pro- should do all it can to protect judges and their Mr. Chairman, this is an important step in ceeded to run through the courthouse com- families and enhance courthouse security. preventing and prosecuting violence against plex, unimpeded, steal another firearm and Mr. MICA. Mr. Chairman, I am pleased to the judiciary and I am pleased that H.R. 1751 shoot 3 more people, including long-time su- speak in support of the Secure Access to Jus- passed the House overwhelmingly. perior court judge Rowland Barnes, a revered tice and Court Protection Act, legislation which Mr. SCOTT of Virginia. Mr. Chair- judicial figure in the Atlanta area. strengthens criminal penalties for crimes man, I yield back the balance of my Mr. Nichols managed to escape the court- against United States judges, federal law en- time. house and evade police for more than two forcement officers and federally funded public Mr. SENSENBRENNER. Mr. Chair- days during which time he used the fire arms safety officers. man, I have no further requests for that he stole in the courthouse, injuring sev- Also included in this bill is an important pro- time, and I yield back the balance of eral more people, stole multiple vehicles and vision from legislation I authored, H.R. 3833— my time. held one woman hostage before he was finally the National Guard Emergency Protection Act, The CHAIRMAN. All time for general apprehended. which increases federal protection to our Na- debate has expired. Mr. Speaker, this episode highlights the tional Guardsmen. Pursuant to the rule, the amendment merits of this bill not just because of the secu- This measure was offered as a result of as- in the nature of a substitute printed in rity failures that allowed it to happen. This saults against members of the National Guard the bill shall be considered as an origi- much is self-evident. while they were engaged in rescue and law nal bill for the purpose of amendment

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00146 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25629 under the 5-minute rule and shall be shall include a term of imprisonment of 5 years ‘‘(2) the term ‘public safety officer’ means an considered read. in addition to that otherwise imposed under this individual serving a public agency in an official The text of the amendment in the na- paragraph.’’. capacity, as a judicial officer, as a law enforce- ture of a substitute is as follows: SEC. 3. PENALTIES FOR CERTAIN ASSAULTS. ment officer, as a firefighter, as a chaplain, or (a) INCLUSION OF FEDERALLY FUNDED PUBLIC as a member of a rescue squad or ambulance H.R. 1751 SAFETY OFFICERS.—Section 111(a) of title 18, crew; Be it enacted by the Senate and House of Rep- United States Code, is amended— ‘‘(3) the term ‘judicial officer’ means a judge resentatives of the United States of America in (1) in paragraph (1), by inserting ‘‘or a feder- or other officer or employee of a court, including Congress assembled, ally funded public safety officer (as defined in prosecutors, court security, pretrial services offi- SECTION 1. SHORT TITLE. section 1123)’’ after ‘‘1114 of this title’’; and cers, court reporters, and corrections, probation, This Act may be cited as the ‘‘Secure Access to (2) in paragraph (2), by inserting ‘‘or a feder- and parole officers; and Justice and Court Protection Act of 2005’’. ally funded public safety officer (as defined in ‘‘(4) the term ‘firefighter’ includes an indi- SEC. 2. PENALTIES FOR INFLUENCING, IMPED- section 1123)’’ after ‘‘1114’’. vidual serving as an official recognized or des- ING, OR RETALIATING AGAINST (b) ALTERNATE PENALTY WHERE VICTIM ISA ignated member of a legally organized volunteer JUDGES AND OTHER OFFICIALS BY UNITED STATES JUDGE, A FEDERAL LAW EN- fire department and an officially recognized or THREATENING OR INJURING A FAM- FORCEMENT OFFICER, OR FEDERALLY FUNDED designated public employee member of a rescue ILY MEMBER. PUBLIC SAFETY OFFICER.—Section 111 of title 18, squad or ambulance crew; and Section 115 of title 18, United States Code, is United States Code, is amended by adding at the ‘‘(5) the term ‘law enforcement officer’ means amended— end the following: an individual involved in crime and juvenile de- ‘‘(c) ALTERNATE PENALTY WHERE VICTIM ISA (1) in each of subparagraphs (A) and (B) of linquency control or reduction, or enforcement UNITED STATES JUDGE, A FEDERAL LAW EN- subsection (a)(1), by inserting ‘‘federally funded of the laws.’’. FORCEMENT OFFICER, OR FEDERALLY FUNDED public safety officer (as defined for the purposes (b) CLERICAL AMENDMENT.—The table of sec- PUBLIC SAFETY OFFICER.—(1) Except as pro- of section 1123)’’ after ‘‘Federal law enforcement tions at the beginning of chapter 51 of title 18, vided in paragraph (2), if the offense is an as- officer,’’; United States Code, is amended by adding at the sault and the victim of the offense under this (2) so that subsection (b) reads as follows: end the following new item: ‘‘(b)(1) Except as provided in paragraph (2), section is a United States judge, a Federal law the punishment for an offense under this section enforcement officer (as defined for the purposes ‘‘1123. Killing of federally funded public safety is as follows: of section 1114) or of a federally funded public officers.’’. ‘‘(A) The punishment for an assault in viola- safety officer (as defined for the purposes of sec- SEC. 5. GENERAL MODIFICATIONS OF FEDERAL tion of this section is the same as that provided tion 1123), in lieu of the penalties otherwise set MURDER CRIME AND RELATED for a like offense under section 111. forth in this section, the offender shall be sub- CRIMES. ‘‘(B) The punishment for a kidnapping, at- ject to a fine under this title and— (a) MURDER AMENDMENTS.—Section 1111 of tempted kidnapping, or conspiracy to kidnap in ‘‘(A) If the assault is a simple assault, a fine title 18, United States Code, is amended in sub- violation of this section is the same as provided under this title or a term of imprisonment for section (b), by inserting ‘‘not less than 30’’ after for a like violation in section 1201. not more than one year, or both. ‘‘any term of years’’. ‘‘(C) The punishment for a murder, attempted ‘‘(B) if the assault resulted in bodily injury (b) MANSLAUGHTER AMENDMENTS.—Section murder, or conspiracy to murder in violation of (as defined in section 1365), shall be imprisoned 1112(b) of title 18, United States Code, is amend- this section is the same as provided for a like of- not less than one nor more than 10 years; ed— fense under section 1111, 1113, and 1117. ‘‘(C) if the assault resulted in substantial bod- (1) by striking ‘‘ten years’’ and inserting ‘‘20 ‘‘(D) A threat made in violation of this section ily injury (as defined in section 113), shall be years’’; and shall be punished by a fine under this title or imprisoned not less than 3 nor more than 12 (2) by striking ‘‘six years’’ and inserting ‘‘10 imprisonment for not more than 10 years, or years; and years’’. both. ‘‘(D) if the assault resulted in serious bodily SEC. 6. MODIFICATION OF DEFINITION OF OF- ‘‘(2) If the victim of the offense under this sec- injury (as defined in section 2119), shall be im- FENSE AND OF THE PENALTIES FOR, tion is an immediate family member of a United prisoned not less than 10 nor more than 30 INFLUENCING OR INJURING OFFI- States judge, a Federal law enforcement officer years. CER OR JUROR GENERALLY. (as defined for the purposes of section 1114) or ‘‘(2) If a dangerous weapon was used during Section 1503 of title 18, United States Code, is of a federally funded public safety officer (as and in relation to the offense, the punishment amended— defined for the purposes of section 1123), in lieu shall include a term of imprisonment of 5 years (1) so that subsection (a) reads as follows: of the punishments otherwise provided by para- in addition to that otherwise imposed under this ‘‘(a)(1) Whoever— graph (1), the punishments shall be as follows: subsection.’’. ‘‘(A) corruptly, or by threats of force or force, ‘‘(A) The punishment for an assault in viola- SEC. 4. PROTECTION OF FEDERALLY FUNDED endeavors to influence, intimidate, or impede a tion of this section is as follows: PUBLIC SAFETY OFFICERS. juror or officer in a judicial proceeding in the ‘‘(i) If the assault is a simple assault, a fine (a) OFFENSE.—Chapter 51 of title 18, United discharge of that juror or officer’s duty; under this title or a term of imprisonment for States Code, is amended by adding at the end ‘‘(B) injures a juror or an officer in a judicial not more than one year, or both. the following: proceeding arising out of the performance of of- ‘‘(ii) If the assault resulted in bodily injury ‘‘§ 1123. Killing of federally funded public ficial duties as such juror or officer; or (as defined in section 1365), a fine under this safety officers ‘‘(C) corruptly, or by threats of force or force, title and a term of imprisonment for not less ‘‘(a) Whoever kills, or attempts or conspires to obstructs, or impedes, or endeavors to influence, than one year nor more than 10 years. kill, a federally funded public safety officer obstruct, or impede, the due administration of ‘‘(iii) If the assault resulted in substantial while that officer is engaged in official duties, justice; bodily injury (as defined in section 113), a fine or arising out of the performance of official du- or attempts or conspires to do so, shall be pun- under this title and a term of imprisonment for ties, or kills a former federally funded public ished as provided in subsection (b). not less than 3 years nor more than 12 years. safety officer arising out of the performance of ‘‘(2) As used in this section, the term ‘juror or ‘‘(iv) If the assault resulted in serious bodily official duties, shall be punished by a fine under officer in a judicial proceeding’ means a grand injury (as defined in section 2119), a fine under this title and imprisonment for any term of or petit juror, or other officer in or of any court this title and a term of imprisonment for not less years not less than 30, or for life, or, if death re- of the United States, or an officer who may be than 10 years nor more than 30 years. sults, may be sentenced to death. serving at any examination or other proceeding ‘‘(B) The punishment for a kidnapping, at- ‘‘(b) As used in this section— before any United States magistrate judge or tempted kidnapping, or conspiracy to kidnap in ‘‘(1) the term ‘federally funded public safety other committing magistrate.’’; and violation of this section is a fine under this title officer’ means a public safety officer for a public (2) in subsection (b), by striking paragraphs and imprisonment for any term of years not less agency (including a court system, the National (1) through (3) and inserting the following: than 30, or for life. Guard of a State to the extent the personnel of ‘‘(1) in the case of a killing, or an attempt or ‘‘(C) The punishment for a murder, attempted that National Guard are not in Federal service, a conspiracy to kill, the punishment provided in murder, or conspiracy to murder in violation of and the defense forces of a State authorized by section 1111, 1112, 1113, and 1117; and this section is a fine under this title and impris- section 109 of title 32) that receives Federal fi- ‘‘(2) in any other case, a fine under this title onment for any term of years not less than 30, nancial assistance, of an entity that is a State and imprisonment for not more than 30 years.’’. or for life, or, if death results, the offender may of the United States, the District of Columbia, SEC. 7. MODIFICATION OF TAMPERING WITH A be sentenced to death. the Commonwealth of Puerto Rico, the Virgin WITNESS, VICTIM, OR AN INFORM- ‘‘(D) A threat made in violation of this section Islands of the United States, Guam, American ANT OFFENSE. shall be punished by a fine under this title and Samoa, the Trust Territory of the Pacific Is- (a) CHANGES IN PENALTIES.—Section 1512 of imprisonment for not less than one year nor lands, the Commonwealth of the Northern Mar- title 18, United States Code, is amended— more than 10 years. iana Islands, or any territory or possession of (1) in each of paragraphs (1) and (2) of sub- ‘‘(E) If a dangerous weapon was used during the United States, an Indian tribe, or a unit of section (a), insert ‘‘or conspires’’ after ‘‘at- and in relation to the offense, the punishment local government of that entity; tempts’’;

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00147 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25630 CONGRESSIONAL RECORD—HOUSE November 9, 2005 (2) so that subparagraph (A) of subsection ‘‘(3) has had, or is likely to have, instances of SEC. 15. PROHIBITION OF POSSESSION OF DAN- (a)(3) reads as follows: threats, intimidation, and retaliation against GEROUS WEAPONS IN FEDERAL ‘‘(A) in the case of a killing, the punishment victims of, and witnesses to, crimes. COURT FACILITIES. provided in sections 1111 and 1112;’’; ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Section 930(e) of title 18, United States Code, (3) in subsection (a)(3)— There are authorized to be appropriated to carry is amended by inserting ‘‘or other dangerous (A) in the matter following clause (ii) of sub- out this section $20,000,000 for each of fiscal weapon’’ after ‘‘firearm’’. paragraph (B) by striking ‘‘20 years’’ and in- years 2006 through 2010.’’. SEC. 16. REPEAL OF SUNSET PROVISION. serting ‘‘30 years’’ ; and SEC. 12. GRANTS TO STATES TO PROTECT WIT- Section 105(b)(3) of the Ethics in Government (B) in subparagraph (C), by striking ‘‘10 NESSES AND VICTIMS OF CRIMES. Act of 1978 (5 U.S.C. App) is amended by strik- years’’ and inserting ‘‘20 years’’; ing subparagraph (E). (a) IN GENERAL.—Section 31702 of the Violent (4) in subsection (b), by striking ‘‘ten years’’ Crime Control and Law Enforcement Act of 1994 SEC. 17. PROTECTION OF INDIVIDUALS PER- and inserting ‘‘30 years’’; and (42 U.S.C. 13862) is amended— FORMING CERTAIN FEDERAL AND (5) in subsection (d), by striking ‘‘one year’’ OTHER FUNCTIONS. (1) in paragraph (3), by striking ‘‘and’’ at the and inserting ‘‘20 years’’. (a) OFFENSE.—Chapter 7 of title 18, United end; States Code, is amended by adding at the end SEC. 8. MODIFICATION OF RETALIATION OF- (2) in paragraph (4), by striking the period at FENSE. the following: the end and inserting ‘‘; and’’ ; and Section 1513 of title 18, United States Code, is (3) by adding at the end the following: ‘‘§ 117. Protection of individuals performing amended— certain Federal and federally assisted func- ‘‘(5) to create and expand witness and victim (1) in subsection (a)(1), by inserting ‘‘or con- tions protection programs to prevent threats, intimi- spires’’ after ‘‘attempts’’; ‘‘(a) Whoever knowingly, and with intent to (2) in subsection (a)(1)(B)— dation, and retaliation against victims of, and witnesses to, violent crimes.’’. harm, intimidate, or retaliate against a covered (A) by inserting a comma after ‘‘probation’’; official makes restricted personal information and (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- tion 31707 of the Violent Crime Control and Law about that covered official publicly available (B) by striking the comma which immediately through the Internet shall be fined under this follows another comma; Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read as follows: title and imprisoned not more than 5 years, or (3) in subsection (a)(2)(B), by striking ‘‘20 both. years’’ and inserting ‘‘30 years’’; ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIA- ‘‘(b) It is a defense to a prosecution under this TIONS. (4) in subsection (b), by striking ‘‘ten years’’ section that the defendant is a provider of Inter- and inserting ‘‘30 years’’; ‘‘There are authorized to be appropriated net services and did not knowingly participate (5) in the first subsection (e), by striking ‘‘10 $20,000,000 for each of the fiscal years 2006 in the offense. years’’ and inserting ‘‘30 years’’; and through 2010 to carry out this subtitle.’’. ‘‘(c) As used in this section— (6) by redesignating the second subsection (e) SEC. 13. JUDICIAL BRANCH SECURITY REQUIRE- ‘‘(1) the term ‘restricted personal information’ as subsection (f). MENTS. means, with respect to an individual, the Social SEC. 9. INCLUSION OF INTIMIDATION AND RETAL- (a) ENSURING CONSULTATION AND COORDINA- Security number, the home address, home phone IATION AGAINST WITNESSES IN TION WITH THE ADMINISTRATIVE OFFICE OF THE number, mobile phone number, personal email, STATE PROSECUTIONS AS BASIS FOR UNITED STATES COURTS.—Section 566 of title 28, or home fax number of, and identifiable to, that FEDERAL PROSECUTION. United States Code, is amended by adding at the individual; and Section 1952 of title 18, United States Code, is end the following: ‘‘(2) the term ‘covered official’ means— amended in subsection (b)(2), by inserting ‘‘in- ‘‘(i) The United States Marshals Service shall ‘‘(A) an individual designated in section 1114; timidation of, or retaliation against, a witness, consult with the Administrative Office of the ‘‘(B) a public safety officer (as that term is de- victim, juror, or informant,’’ after ‘‘extortion, United States Courts on a continuing basis re- fined in section 1204 of the Omnibus Crime Con- bribery,’’. garding the security requirements for the Judi- trol and Safe Streets Act of 1968); or SEC. 10. CLARIFICATION OF VENUE FOR RETALIA- cial Branch, and inform the Administrative Of- ‘‘(C) a grand or petit juror, witness, or other TION AGAINST A WITNESS. fice of the measures the Marshals Service in- officer in or of, any court of the United States, Section 1513 of title 18, United States Code, is tends to take to meet those requirements.’’. or an officer who may be serving at any exam- amended by adding at the end the following: (b) CONFORMING AMENDMENT.—Section 604(a) ination or other proceeding before any United ‘‘(g) A prosecution under this section may be of title 28, United States Code, is amended— States magistrate judge or other committing brought in the district in which the official pro- (1) by redesignating existing paragraph (24) as magistrate.’’. ceeding (whether or not pending, about to be in- paragraph (25); (b) CLERICAL AMENDMENT.—The table of sec- stituted or completed) was intended to be af- (2) by striking ‘‘and’’ at the end of paragraph tions at the beginning of chapter 7 of title 18, fected or was completed, or in which the con- (23); and United States Code, is amended by adding at the duct constituting the alleged offense occurred.’’. (3) by inserting after paragraph (23) the fol- end the following new item: SEC. 11. WITNESS PROTECTION GRANT PROGRAM. lowing: ‘‘117. Protection of individuals performing cer- Title I of the Omnibus Crime Control and Safe ‘‘(24) Consult with the United States Marshals tain Federal and federally as- Streets Act of 1968 is amended by inserting after Service on a continuing basis regarding the se- sisted functions.’’. part BB (42 U.S.C. 3797j et seq.) the following curity requirements for the Judicial Branch, and SEC. 18. ELIGIBILITY OF COURTS TO APPLY DI- new part: inform the Administrative Office of the measures RECTLY FOR LAW ENFORCEMENT ‘‘PART CC—WITNESS PROTECTION the Marshals Service intends to take to meet DISCRETIONARY GRANTS AND RE- GRANTS those requirements; and’’. QUIREMENT THAT STATE AND LOCAL GOVERNMENTS CONSIDER ‘‘SEC. 2811. PROGRAM AUTHORIZED. SEC. 14. PROTECTIONS AGAINST MALICIOUS RE- COURTS WHEN APPLYING FOR ‘‘(a) IN GENERAL.—From amounts made avail- CORDING OF FICTITIOUS LIENS GRANT FUNDS. able to carry out this part, the Attorney General AGAINST A FEDERAL EMPLOYEE. (a) COURTS TREATED AS UNITS OF LOCAL GOV- may make grants to States, units of local gov- (a) OFFENSE.—Chapter 73 of title 18, United ERNMENTS FOR PURPOSES OF DISCRETIONARY ernment, and Indian tribes to create and expand States Code, is amended by adding at the end GRANTS.—Section 901 of the Omnibus Crime witness protection programs in order to prevent the following: Control and Safe Streets Act of 1968 (42 U.S.C. threats, intimidation, and retaliation against ‘‘§ 1521. Retaliating against a Federal em- 3791) is amended in subsection (a)(3)— victims of, and witnesses to, crimes. ployee by false claim or slander of title (1) by redesignating subparagraphs (C) and ‘‘(b) USES OF FUNDS.—Grants awarded under (D) as subparagraphs (D) and (E), respectively; this part shall be— ‘‘Whoever, with the intent to harass a person and ‘‘(1) distributed directly to the State, unit of designated in section 1114 on account of the per- (2) by inserting after subparagraph (B) the local government, or Indian tribe; and formance of official duties, files, in any public following new subparagraph: ‘‘(2) used for the creation and expansion of record or in any private record which is gen- ‘‘(C) the judicial branch of a State or of a unit witness protection programs in the jurisdiction erally available to the public, any false lien or of local government within the State for pur- of the grantee. encumbrance against the real or personal prop- poses of discretionary grants;’’. erty of that person, or attempts or conspires to ‘‘(c) PREFERENTIAL CONSIDERATION.—In (b) STATE AND LOCAL GOVERNMENTS TO CON- do so, shall be fined under this title or impris- awarding grants under this part, the Attorney SIDER COURTS.—The Attorney General shall en- General may give preferential consideration, if oned not more than 10 years, or both.’’. sure that whenever a State or unit of local gov- feasible, to an application from a jurisdiction (b) CLERICAL AMENDMENT.—The table of sec- ernment applies for a grant from the Depart- that— tions at the beginning of chapter 73 of title 18, ment of Justice, the State or unit demonstrate ‘‘(1) has the greatest need for witness and vic- United States Code, is amended by adding at the that, in developing the application and distrib- tim protection programs; end the following new item: uting funds, the State or unit— ‘‘(2) has a serious violent crime problem in the ‘‘1521. Retaliating against a Federal employee (1) considered the needs of the judicial branch jurisdiction; and by false claim or slander of title.’’. of the State or unit, as the case may be; and

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PROSECUTORS. or custody or confinement after conviction, (4) In the twenty-first century, the people of Not later than 90 days after the date of the under the laws of the place from which he flees the United States obtain information regarding enactment of this Act, the Attorney General or under section 1114 or 1123, for a crime con- judicial matters involving the Constitution, civil shall submit to the Committee on the Judiciary sisting of the killing, an attempted killing, or a rights, and other important legal subjects prin- of the House of Representatives and the Com- conspiracy to kill, an individual involved in cipally through the print and electronic media. mittee on the Judiciary of the Senate a report on crime and juvenile delinquency control or reduc- Television, in particular, provides a degree of the security of assistant United States attorneys tion, or enforcement of the laws or for a crime public access to courtroom proceedings that and other Federal attorneys arising from the punishable by section 1114 or 1123, shall be fined more closely approximates the ideal of actual prosecution of terrorists, violent criminal gangs, under this title and imprisoned, in addition to physical presence than newspaper coverage or drug traffickers, gun traffickers, white suprema- any other imprisonment for the underlying of- still photography. cists, and those who commit fraud and other fense, for any term of years not less than 10.’’. (5) Providing statutory authority for the white-collar offenses. The report shall describe (b) CLERICAL AMENDMENT.—The table of sec- courts of the United States to exercise their dis- each of the following: tions at the beginning of chapter 49 of title 18, cretion in permitting televised coverage of court- (1) The number and nature of threats and as- United States Code, is amended by adding at the room proceedings would enhance significantly saults against attorneys handling those prosecu- end the following new item: the access of the people to the Federal judiciary. tions and the reporting requirements and meth- ‘‘1075. Flight to avoid prosecution for killing (6) Inasmuch as the first amendment to the ods. peace officers.’’. Constitution prevents Congress from abridging (2) The security measures that are in place to the ability of the people to exercise their inher- SEC. 21. SPECIAL PENALTIES FOR MURDER, KID- ent rights to freedom of speech, to freedom of protect the attorneys who are handling those NAPPING, AND RELATED CRIMES prosecutions, including measures such as threat AGAINST FEDERAL JUDGES AND the press, and to petition the Government for a assessments, response procedures, availability of FEDERAL LAW ENFORCEMENT OFFI- redress of grievances, it is good public policy for security systems and other devices, firearms li- CERS. the Congress affirmatively to facilitate the abil- censing (deputations), and other measures de- (a) MURDER.—Section 1114 of title 18, United ity of the people to exercise those rights. signed to protect the attorneys and their fami- States Code, is amended— (7) The granting of such authority would as- lies. (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and sist in the implementation of the constitutional (3) The Department of Justice’s firearms depu- (2) by adding at the end the following: guarantee of public trials in criminal cases, as tation policies, including the number of attor- ‘‘(b) If the victim of a murder punishable provided by the sixth amendment to the Con- neys deputized and the time between receipt of under this section is a United States judge (as stitution. As the Supreme Court stated in In re threat and completion of the deputation and defined in section 115) or a Federal law enforce- Oliver (1948), ‘‘Whatever other benefits the training process. ment officer (as defined in 115) the offender guarantee to an accused that his trial be con- (4) For each measure covered by paragraphs shall be punished by a fine under this title and ducted in public may confer upon our society, (1) through (3), when the report or measure was imprisonment for any term of years not less the guarantee has always been recognized as a developed and who was responsible for devel- than 30, or for life, or, if death results, may be safeguard against any attempt to employ our oping and implementing the report or measure. sentenced to death.’’. courts as instruments of persecution. The (5) The programs that are made available to (b) KIDNAPPING.—Section 1201(a) of title 18, knowledge that every criminal trial is subject to the attorneys for personal security training, in- United States Code, is amended by adding at the contemporaneous review in the forum of public cluding training relating to limitations on public end the following: ‘‘If the victim of the offense opinion is an effective restraint on possible information disclosure, basic home security, fire- punishable under this subsection is a United abuse of judicial power.’’. arms handling and safety, family safety, mail States judge (as defined in section 115) or a Fed- (b) AUTHORITY OF PRESIDING JUDGE TO ALLOW handling, counter- surveillance, and self-de- eral law enforcement officer (as defined in 115) MEDIA COVERAGE OF COURT PROCEEDINGS.— fense tactics. the offender shall be punished by a fine under (1) AUTHORITY OF APPELLATE COURTS.—Not- (6) The measures that are taken to provide the this title and imprisonment for any term of withstanding any other provision of law, the attorneys with secure parking facilities, and years not less than 30, or for life, or, if death re- presiding judge of an appellate court of the how priorities for such facilities are estab- sults, may be sentenced to death.’’. United States may, in his or her discretion, per- lished— SEC. 22. MEDIA COVERAGE OF COURT PRO- mit the photographing, electronic recording, (A) among Federal employees within the facil- CEEDINGS. broadcasting, or televising to the public of court ity; (a) FINDINGS.—The Congress makes the fol- proceedings over which that judge presides. (B) among Department of Justice employees lowing findings: (2) AUTHORITY OF DISTRICT COURTS.— within the facility; and (1) The right of the people of the United (A) IN GENERAL.—Notwithstanding any other (C) among attorneys within the facility. States to freedom of speech, particularly as it re- provision of law, any presiding judge of a dis- (7) The frequency such attorneys are called lates to comment on governmental activities, as trict court of the United States may, in his or upon to work beyond standard work hours and protected by the first amendment to the Con- her discretion, permit the photographing, elec- the security measures provided to protect attor- stitution, cannot be meaningfully exercised tronic recording, broadcasting, or televising to neys at such times during travel between office without the ability of the public to obtain facts the public of court proceedings over which that and available parking facilities. and information about the Government upon judge presides. (8) With respect to attorneys who are licensed which to base their judgments regarding impor- (B) OBSCURING OF WITNESSES AND JURORS.—(i) under State laws to carry firearms, the Depart- tant issues and events. As the United States Su- Upon the request of any witness (other than a ment of Justice’s policy as to— preme Court articulated in Craig v. Harney, 331 party) or a juror in a trial proceeding, the court (A) carrying the firearm between available U.S. 367 (1947), ‘‘A trial is a public event. What shall order the face and voice of the witness or parking and office buildings; transpires in the court room is public prop- juror (as the case may be) to be disguised or oth- (B) securing the weapon at the office build- erty.’’. erwise obscured in such manner as to render the ings; and (2) The right of the people of the United witness or juror unrecognizable to the broadcast (C) equipment and training provided to facili- States to a free press, with the ability to report audience of the trial proceeding. tate safe storage at Department of Justice facili- on all aspects of the conduct of the business of (ii) The presiding judge in a trial proceeding ties. government, as protected by the first amendment shall inform— (9) The offices in the Department of Justice to the Constitution, cannot be meaningfully ex- (I) each witness who is not a party that the that are responsible for ensuring the security of ercised without the ability of the news media to witness has the right to request that his or her the attorneys, the organization and staffing of gather facts and information freely for dissemi- image and voice be obscured during the witness’ the offices, and the manner in which the offices nation to the public. testimony; and coordinate with offices in specific districts. (3) The right of the people of the United (II) each juror that the juror has the right to (10) The role, if any, that the United States States to petition the Government to redress request that his or her image be obscured during Marshals Service or any other Department of grievances, particularly as it relates to the man- the trial proceeding. Justice component plays in protecting, or pro- ner in which the Government exercises its legis- (3) ADVISORY GUIDELINES.—The Judicial Con- viding security services or training for, the at- lative, executive, and judicial powers, as pro- ference of the United States is authorized to torneys. tected by the first amendment to the Constitu- promulgate advisory guidelines to which a pre- SEC. 20. FLIGHT TO AVOID PROSECUTION FOR tion, cannot be meaningfully exercised without siding judge, in his or her discretion, may refer KILLING PEACE OFFICERS. the availability to the public of information in making decisions with respect to the manage- (a) FLIGHT.—Chapter 49 of title 18, United about how the affairs of government are being ment and administration of photographing, re- States Code, is amended by adding at the end conducted. As the Supreme Court noted in Rich- cording, broadcasting, or televising described in the following: mond Newspapers, Inc. v. Commonwealth of paragraphs (1) and (2).

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(c) DEFINITIONS.—In this section: SEC. 25. GRANTS TO STATES FOR THREAT AS- (e) REPORTS.— (1) PRESIDING JUDGE.—The term ‘‘presiding SESSMENT DATABASES. (1) REPORT.—State and local prosecutors and judge’’ means the judge presiding over the court (a) IN GENERAL.—From amounts made avail- law enforcement agencies that receive funds proceeding concerned. In proceedings in which able to carry out this section, the Attorney Gen- under this section shall submit to the Director a more than one judge participates, the presiding eral shall carry out a program under which the report not later than May 1st of each year in judge shall be the senior active judge so partici- Attorney General makes grants to States for use which grants are made available under this sec- pating or, in the case of a circuit court of ap- by the State to establish and maintain a threat tion. Reports shall describe progress achieved in peals, the senior active circuit judge so partici- assessment database described in subsection (b). carrying out the purpose of this section. pating, except that— (b) DATABASE.—For purposes of subsection (2) REPORT TO CONGRESS.—The Director shall (A) in en banc sittings of any United States (a), a threat assessment database is a database submit to Congress a report by July 1st of each circuit court of appeals, the presiding judge through which a State can— year which contains a detailed statement re- shall be the chief judge of the circuit whenever (1) analyze trends and patterns in domestic garding grant awards, activities of grant recipi- the chief judge participates; and terrorism and crime; ents, a compilation of statistical information (B) in en banc sittings of the Supreme Court (2) project the probabilities that specific acts submitted by applicants, and an evaluation of of the United States, the presiding judge shall of domestic terrorism or crime will occur; and programs established under this section. be the Chief Justice whenever the Chief Justice (3) develop measures and procedures that can (f) AUTHORIZATION OF APPROPRIATIONS.— participates. effectively reduce the probabilities that those There are authorized to be appropriated to carry (2) APPELLATE COURT OF THE UNITED acts will occur. out this section $3,000,000 for each of fiscal STATES.—The term ‘‘appellate court of the (c) CORE ELEMENTS.—The Attorney General years 2006, 2007, and 2008. United States’’ means any United States circuit shall define a core set of data elements to be The CHAIRMAN. No amendment to used by each database funded by this section so court of appeals and the Supreme Court of the the committee amendment is in order United States. that the information in the database can be ef- except those printed in House Report (d) SUNSET.—The authority under subsection fectively shared with other States and with the (b)(2) shall terminate on the date that is 3 years Department of Justice. 109–279. Each amendment may be of- after the date of the enactment of this Act. (d) AUTHORIZATION OF APPROPRIATIONS.— fered only in the order printed in the SEC. 23. FUNDING FOR STATE COURTS TO ASSESS There are authorized to be appropriated to carry report, by a Member designated in the AND ENHANCE COURT SECURITY out this section such sums as may be necessary report, shall be considered read, shall AND EMERGENCY PREPAREDNESS. for each of fiscal years 2006 through 2009. be debatable for the time specified in (a) IN GENERAL.—The Attorney General, SEC. 26. GRANTS FOR YOUNG WITNESS ASSIST- the report, equally divided and con- ANCE. through the Office of Justice Programs, shall trolled by the proponent and an oppo- make grants under this section to the highest (a) DEFINITIONS.—For purposes of this sec- State courts in States participating in the pro- tion: nent, shall not be subject to amend- gram, for the purpose of enabling such courts— (1) DIRECTOR.—The term ‘‘Director’’ means ment, and shall not be subject to a de- (1) to conduct assessments focused on the es- the Director of the Bureau of Justice Assistance. mand for division of the question. sential elements for effective courtroom safety (2) JUVENILE.—The term ‘‘juvenile’’ means an AMENDMENT NO. 1 OFFERED BY MR. and security planning; and individual who is 17 years of age or younger. SENSENBRENNER (2) to implement changes deemed necessary as (3) YOUNG ADULT.—The term ‘‘young adult’’ Mr. SENSENBRENNER. Mr. Chair- means an individual who is between the ages of a result of the assessments. man, I offer an amendment. (b) ESSENTIAL ELEMENTS.—As used in sub- 18 and 21. section (a)(1), the essential elements include, but (4) STATE.—The term ‘‘State’’ means any State The CHAIRMAN. The Clerk will des- are not limited to— of the United States, the District of Columbia, ignate the amendment. (1) operational security and standard oper- the Commonwealth of Puerto Rico, the Virgin The text of the amendment is as fol- ating procedures; Islands, American Samoa, Guam, and the lows: (2) facility security planning and self-audit Northern Mariana Islands. Amendment No. 1 printed in House Report surveys of court facilities; (b) PROGRAM AUTHORIZATION.—The Director 109–279 offered by Mr. SENSENBRENNER: (3) emergency preparedness and response and may make grants to State and local prosecutors In the matter proposed to be inserted by continuity of operations; and law enforcement agencies in support of ju- section 2 as subsection (b)(2)(C) of section 115 (4) disaster recovery and the essential ele- venile and young adult witness assistance pro- of title 18, United States Code, after ‘‘if ments of a plan; grams, including State and local prosecutors death results’’ insert ‘‘and the offender is (5) threat assessment; and law enforcement agencies that have existing prosecuted as a principal’’. (6) incident reporting; juvenile and adult witness assistance programs. In the matter proposed to be inserted by (7) security equipment; (c) ELIGIBILITY.—To be eligible to receive a section 4(a) as section 1123(a) of title 18, (8) developing resources and building partner- grant under this section, State and local pros- United States Code, after ‘‘if death results’’ ships; and ecutors and law enforcement officials shall— insert ‘‘and the offender is prosecuted as a (9) new courthouse design. (1) submit an application to the Director in principal’’. (c) APPLICATIONS.—To be eligible for a grant such form and containing such information as In the matter proposed to be inserted by under this section, a highest State court shall the Director may reasonably require; and section 18(a) as subparagraph (C) of section submit to the Attorney General an application (2) give assurances that each applicant has 901(a)(3) of the Omnibus Crime Control and at such time, in such form, and including such developed, or is in the process of developing, a Safe Streets Act of 1968 insert after ‘‘within information and assurances as the Attorney witness assistance program that specifically tar- the State’’ the following: ‘‘or of an Indian General shall require. gets the unique needs of juvenile and young tribe,’’. (d) AUTHORIZATION OF APPROPRIATIONS.— adult witnesses and their families. In section 18(b), strike ‘‘local unit of gov- There are authorized to be appropriated to carry (d) USE OF FUNDS.—Grants made available ernment’’ and insert ‘‘unit of local govern- out this section $20,000,000 for each of fiscal under this section may be used— ment or Indian tribe’’ and strike ‘‘State or years 2006 through 2010. (1) to assess the needs of juvenile and young unit’’ each place it appears and insert SEC. 24. ADDITIONAL AMOUNTS FOR UNITED adult witnesses; ‘‘State, unit, or tribe’’. STATES MARSHALS SERVICE TO PRO- (2) to develop appropriate program goals and In the matter proposed to be inserted by TECT THE JUDICIARY. objectives; and section 13(b)(3) as paragraph (24) of section In addition to any other amounts authorized (3) to develop and administer a variety of wit- 604(a) of title 28, United States Code, strike to be appropriated for the United States Mar- ness assistance services, which includes— ‘‘, and inform’’ and all that follows through shals Service, there are authorized to be appro- (A) counseling services to young witnesses ‘‘requirements’’. priated for the United States Marshals Service dealing with trauma associated in witnessing a to protect the judiciary, $20,000,000 for each of violent crime; The CHAIRMAN. Pursuant to House fiscal years 2006 through 2010 for— (B) pre- and post-trial assistance for the Resolution 540, the gentleman from (1) hiring entry-level deputy marshals for pro- youth and their family; Wisconsin (Mr. SENSENBRENNER) and a viding judicial security; (C) providing education services if the child is Member opposed each will control 5 (2) hiring senior-level deputy marshals for in- removed from or changes their school for safety minutes. vestigating threats to the judiciary and pro- concerns; The Chair recognizes the gentleman viding protective details to members of the judi- (D) protective services for young witnesses from Wisconsin (Mr. SENSENBRENNER). ciary and Assistant United States Attorneys; and their families when a serious threat of harm Mr. SENSENBRENNER. Mr. Chair- and from the perpetrators or their associates is made; (3) for the Office of Protective Intelligence, for and man, I yield myself such time as I may hiring senior-level deputy marshals, hiring pro- (E) community outreach and school-based ini- consume. gram analysts, and providing secure computer tiatives that stimulate and maintain public Mr. Chairman, I offer this manager’s systems. awareness and support. amendment to clarify that offenders

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00150 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25633 who attempt to murder or conspire to In the matter proposed to be inserted by courts is obviously absurd. Judges have murder a Federal judge, Federal law section 3(b) as a subsection (c)(1)(B) of sec- not asked for mandatory minimum enforcement officer, or a federally tion 111 of title 18, United States Code, sentences as a protection for them- funded public safety officer are subject strike ‘‘not less’’ and all that follows selves and their families. Indeed, they through ‘‘10 years’’ and insert ‘‘not more to a penalty of life imprisonment. If than 20 years’’. have asked for just the opposite. death results, the death penalty can be In the matter proposed to be inserted by Having the experience of sentencing applied to offenders who are principals. section 3(b) as a subsection (c)(1)(C) of sec- people on an ongoing basis, judges see In addition, the amendment adds In- tion 111 of title 18, United States Code, the differences in activities, roles, dian tribes as eligible entities for court strike ‘‘not less’’ and all that follows backgrounds of the offenders of crime. security grants in section 18 of the bill. through ‘‘12 years’’ and insert ‘‘not more They know it makes no sense to sen- Finally, the amendment clarifies the than 30 years’’. tence just on the basis of the name of language as to the coordination be- In the matter proposed to be inserted by the crime rather than on the basis of section 3(b) as a subsection (c)(1)(D) of sec- tween the Marshals Service and the tion 111 of title 18, United States Code, the facts and circumstances of the Administrative Office on security strike ‘‘not less’’ and all that follows crime and the level of involvement and issues. I urge my colleagues to support through ‘‘30 years’’ and insert ‘‘not more background of the offenders. Having the amendment to this important bill. than 40 years’’. heard all the facts and circumstances Mr. Chairman, I reserve the balance In the matter proposed to be inserted by in the case, they are in a much better of my time. section 3(b) as a subsection (c)(2) of section position to sentence offenders than The CHAIRMAN. Who seeks time in 111 of title 18, United States Code, strike ‘‘5 Congress is in sentencing offenders opposition? years’’ and insert ‘‘not more than 10 years’’. In the matter proposed to be inserted by with no knowledge of the individual Mr. SCOTT of Virginia. Mr. Chair- section 20(a) as a section 1075 of title 18, case. man, I think the amendment is clari- United States Code, strike ‘‘not less than 10’’ To ensure a systemic approach in fying in nature, and I have no objec- and insert ‘‘not more than 20’’. sentencing like offenders in a similar tion. I am not aware of any objection. In the matter proposed to be inserted by manner, we have created the Sen- Mr. SENSENBRENNER. Mr. Chair- section 21(a) as a subsection (b) of section tencing Commission and the sen- man, I yield back the balance of my 1114 of title 18, United States Code, strike tencing guideline system. By increas- time. ‘‘and imprisonment’’ and all that follows ing the maximums, we signal to the The CHAIRMAN. The question is on through ‘‘or for life’’ and insert ‘‘or impris- Sentencing Commission to consider in- onment for any term of years, or for life, or the amendment offered by the gen- both’’. creasing the guideline minimums, tleman from Wisconsin (Mr. SENSEN- In the matter proposed to be inserted by which they characteristically do when BRENNER). section 21(b) in section 1201(a) of title 18, we make such suggestions. The sen- The amendment was agreed to. United States Code, strike ‘‘and imprison- tencing statistics do not establish that AMENDMENT NO. 2 OFFERED BY MR. SCOTT OF ment’’ and all that follows through ‘‘or for the courts have not followed the guide- VIRGINIA life’’ and insert ‘‘or imprisonment for any lines, especially when you take into ac- Mr. SCOTT of Virginia. Mr. Chair- term of years, or for life, or both’’. count that most of the deviations re- man, I offer an amendment. The CHAIRMAN. Pursuant to House sult from government motions, or The CHAIRMAN. The Clerk will des- Resolution 540, the gentleman from acquiescences in sentences, and guide- ignate the amendment. Virginia (Mr. SCOTT) and the gen- line-sanctioned departures. Sentencing The text of the amendment is as fol- tleman from Wisconsin (Mr. SENSEN- is not an exact science and should not lows: BRENNER) each will control 5 minutes. be held to rigid statistical measure- Amendment No. 2 printed in House Report The Chair recognizes the gentleman ments. 109–279 offered by Mr. SCOTT of Virginia: from Virginia. Some have suggested that mandatory In the matter proposed to be inserted by Mr. SCOTT of Virginia. Mr. Chair- minimum sentencing is necessary be- section 2 as a subsection (b)(2)(A)(ii) of sec- man, I yield myself such time as I may cause of recent Supreme Court deci- tion 115 of title 18, United States Code, consume. sions that prevent sentencing increases strike ‘‘and a term of imprisonment’’ and all Mr. Chairman, this amendment based on factors not established at the that follows through ‘‘10 years’’ and insert eliminates the mandatory minimum ‘‘or a term of imprisonment for not more trial. Yet, their positions on manda- than 20 years, or both’’. sentences in the bill and replaces them tory minimum sentences appear to be In the matter proposed to be inserted by with increases in maximum sentences no different before those cases were de- section 2 as a subsection (b)(2)(A)(iii) of sec- for which a defendant can be sentenced. cided. tion 115 of title 18, United States Code, This is not a soft-on-crime amendment Mandatory minimums have been strike ‘‘and a term of imprisonment’’ and all but a sensible-on-crime amendment. In studied and have been found to disrupt that follows through ‘‘12 years’’ and insert each instance in which it eliminates a an orderly sentencing scheme, to be ‘‘or a term of imprisonment for not more mandatory minimum sentence, it discriminatory against minorities, to than 30 years, or both’’. raises the maximum term to which an In the matter proposed to be inserted by waste the taxpayers’ money when com- section 2 as a subsection (b)(2)(A)(iv) of sec- offender can be sentenced, except in pared to traditional sentencing where tion 115 of title 18, United States Code, situations where they can already get individual roles and culpability can be strike ‘‘and a term of imprisonment’’ and all life. taken into account. If we do not trust that follows through ‘‘30 years’’ and insert With the higher maximums, offenders judges to sentence offenders sufficient ‘‘or a term of imprisonment for not more who deserve it can be sentenced to even in other cases, the one instance where than 40 years, or both’’. greater sentences than the bill allows. we should be able to trust judges is in In the matter proposed to be inserted by But those who are bit players in an of- the case where the charge is murder, section 2 as a subsection (b)(2)(B), strike fense or those who do not deserve as ‘‘not less than 30’’. injury, or threats to judges. In the matter proposed to be inserted by much time as ringleaders, do not have Certainly, Mr. Chairman, mandatory section 2 as a subsection (b)(2)(C), strike to be sentenced to that time anyway. minimums are not indicated in this ‘‘not less than 30’’. What sense does it make to sentence an bill, so I urge my colleagues to support In the matter proposed to be inserted by offender to more time than anyone be- this amendment and remove the man- section 2 as a subsection (b)(2)(D) of section lieves they deserve? That is an inevi- datory minimums from the bill. 115 of title 18, United States Code, strike table result of mandatory minimum Mr. Chairman, I yield back the bal- ‘‘and imprisonment’’ and all that follows sentencing. ance of my time. through ‘‘10 years’’ and insert ‘‘or imprison- The notion that we have to have Mr. SENSENBRENNER. Mr. Chair- ment for not more than 20 years, or both’’. In the matter proposed to be inserted by mandatory minimum sentences to man, I yield myself such time as I may section 2 as a subsection (b)(2)(E) of section force judges to sentence those who kill, consume. 115 of title 18, United States Code, strike ‘‘5 injure or threaten judges or their fami- Mr. Chairman, I rise in opposition to years’’ and insert ‘‘not more than 10 years’’. lies or others associated with the the Scott amendment. It strips all of

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the mandatory minimum penalties out As revised, the mandatory minimums Virginia (Mr. SCOTT) and the gen- of the bill. are commensurate with existing Fed- tleman from Wisconsin (Mr. SENSEN- The amendment seeks to strip the eral sentencing guidelines, but in the BRENNER) each will control 5 minutes. core provisions of the bill. Let me re- absence of a mandatory minimum The Chair recognizes the gentleman mind everyone of the nature of the guideline system, there is too much at from Virginia. problem we face today. More than risk to leave the sentencing to judges Mr. SCOTT of Virginia. Mr. Chair- 57,000 law enforcement officers were as- who have already demonstrated their man, I yield myself such time as I may saulted in 2003, or one in every 10 offi- willingness to depart from the guide- consume. cers serving in the United States. The lines when presented with a case. Mr. Chairman, this amendment numbers have been increasing since Mandatory minimum penalties are would eliminate the expansion of the 1999, even as every other crime has de- effective for ensuring consistency in Federal death penalty jurisdiction on creased or held steady. sentencing. Since the Supreme Court’s the basis of any portion of the salary of The Executive Director of the Fra- decision in United States v. Booker, a State or local official being covered ternal Order of Police noted recently judges now have virtually unlimited with Federal funds. That means they ‘‘There is less respect for authority in discretion to ignore the Federal sen- could be eligible for a Federal death general and police officers specifically. tencing guidelines and impose what- penalty. The notion that the Federal The predisposition of criminals to use ever sentence they like, all to the det- Government has to replace the States firearms is probably at the highest riment of public safety and fairness and localities in murder prosecutions point of our history.’’ and sentencing through consistent and against those who would murder a The secure access proposal addresses clear punishment schemes. Judges are State judge or others associated with a this problem by sending a message of now completely unaccountable. judge or courts is absurd. deterrence. The existing penalty for as- Congress has a duty to set sentencing States have shown themselves quite saulting a law enforcement officer is 8 policies for Federal crimes and to capable of prosecuting murder cases years, 15 if with a weapon. Under cur- make sure that judges impose such sen- and in obtaining death penalties where rent criminal law, a false statement tences. Unfortunately, that has not applicable. They have done far more of made to an FBI agent in a terrorism been the experience since the Booker it, frankly, than the Federal Govern- investigation carries the same penalty decision. Once freed from mandatory ment, so there is no indication that as a violent assault of a police officer. sentencing schemes, Federal judges are this raw extension of Federal power is Federal, State, and local judges have now starting to ignore the guidelines: necessary or even desired. If a State suffered from rising threats, and deadly In one of every 10 criminal cases, they has chosen to represent the will of its attacks have been directed against are imposing sentences below the pre- citizens by not authorizing a death judges as well as courthouse partici- viously mandated guideline range. penalty, why should Congress step in pants. In a recently released report, the and impose it in spite of the State’s b 1645 Sentencing Commission data con- public policy choice? firmed that this trend is continuing, The States certainly have not asked According to the Administrative Of- and specifically broke out such data by that we add a Federal death penalty to fice of United States Courts, there are circuits, which showed that judges in apply to the murder of federally funded almost 700 threats made a year against the Second and Ninth Circuits followed State or local officials. And there is no Federal judges, and in numerous cases the guideline ranges in imposing sen- evidence that the kind of people who Federal judges have had security de- tences in a substantially lower percent- would kill or plot to kill a State court tails assigned to them for fear of at- age than the other circuits. Sentences judge or other officials may be deterred tack by members of terrorist organiza- now for similar crimes are being hand- by a Federal death penalty. tions, violent gangs, and disgruntled ed in disparate fashion, depending on The public is clearly rethinking the litigants. the region where the offense occurs. appropriateness of the death penalty, H.R. 1751 provides a reasonable pen- This is not equal justice under the law in general, due to the evidence that it alty structure for assaults against in the Federal system. is ineffective in deterring crime, that judges, prosecutors and public safety Those judges, when they go to the it is racially discriminatory, and found officers, as well as members of their Supreme Court, ought to look at the more often than not to be erroneously families. The bill adopts a penalty motto that is underneath the roof of applied. structure requiring 1 to 10 years for an the Court at the main entrance when A 23-year comprehensive study of the assault that results in bodily injury, they walk in. For these reasons, I urge death penalty found that the death such as a cut, abrasion, bruise, burn, my colleagues to oppose the amend- penalty had been erroneously applied disfigurement, pain or illness; 3 to 12 ment. 68 percent of the time. So it is not sur- years for substantial bodily injury, Mr. Chairman, I yield back the bal- prising that over 120 people sentenced temporary but substantial disfigure- ance of my time. to death over the last 10 years have ment, temporary but substantial loss The CHAIRMAN. The question is on been released from death row, having or impairment; and 10 to 30 years for the amendment offered by the gen- been completely exonerated of the serious bodily injury, substantial risk tleman from Virginia (Mr. SCOTT). crimes for which they are convicted or of death, extreme physical pain, pro- The amendment was rejected. otherwise found to be not guilty. tracted and obvious disfigurement, or AMENDMENT NO. 3 OFFERED BY MR. SCOTT OF Nor is it surprising that with such a protracted loss or impairment of the VIRGINIA sorry record of death penalty adminis- function of a bodily member, organ or Mr. SCOTT of Virginia. Mr. Chair- tration, that several States have abol- mental faculty. man, I offer an amendment. ished the death penalty or placed These penalties roughly correspond The CHAIRMAN. The Clerk will des- moratoriums on the applications of to existing guideline ranges and simply ignate the amendment. their death penalty while studies are ensure that Federal judges impose the The text of the amendment is as fol- being conducted, and why some, while required penalty, but can exercise dis- lows: they have it on the books, have not ap- cretion to a higher penalty if war- Amendment No. 3 printed in House Report plied it in many years. 109–279 offered by Mr. SCOTT of Virginia: In recognition of the problems States ranted. In the matter proposed to be inserted by Law enforcement officers deserve our section 4 as section 1123(a) of title 18, United and localities were having with admin- fullest protection, brazen criminals States Code, strike ‘‘shall be punished’’ and istering the death penalty, Congress show less and less regard for the police all that follows through ‘‘death’’ and insert adopted the Innocence Protection Act and the hard work that they do. Our ‘‘shall be fined under this title or imprisoned just a few years ago. It provides fund- message is simple: If you attack a po- for any term or years or for life, or both’’. ing to State and local entities to help lice officer or kill a police officer, you The CHAIRMAN. Pursuant to House ensure that there is competent counsel will be going to jail for a long time. Resolution 540, the gentleman from at all parts of the trial.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00152 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25635 Mr. Chairman, during committee de- erally funded State and local judges The CHAIRMAN. Pursuant to House liberations of the death penalty, we and first responders if there is a threat Resolution 540, the gentleman from heard references to econometric re- or an assault against them. Texas (Mr. CUELLAR) and a Member op- search of economist Joanna M. Shep- First, jurisdiction only exists when it posed each will control 5 minutes. herd. I want to point out, more re- involves Federal funding and protec- The Chair recognizes the gentleman cently, she has done further analysis in tion of Federal investment. from Texas. elaboration of her research and found, Second, under current Federal law, Mr. CUELLAR. Mr. Chairman, I yield in terms of deterring murders, execu- the Department of Justice pays sur- myself such time as I may consume. tions deter murders in six States, have vivor benefits to families of first re- Mr. Chairman, my amendment is an no effect on murders in eight States, sponders who are killed in the line of amendment that adds a category of and increased murders in 13 States. duty. The Federal interest in mini- preferential consideration for witness Mr. Chairman, despite the fact that mizing these assaults and murders is protection grants for jurisdictions that the death penalty is arbitrarily ap- obvious and cost-saving. share an international border and face plied, it is discriminatory and we make The intent underlying this provision a threat from cross-border crime. mistakes, I would hope that we would is to authorize Federal prosecution Basically, this would allow the bor- delete the death penalty from this bill after State and local prosecutors and der prosecutors an opportunity to pro- by adopting the amendment. Federal prosecutors determine where tect the witness that sometimes fears Mr. Chairman, I yield back the bal- such prosecution would best be that they might get a threat from ance of my time. brought. Some States do not have a international cross-border threats. I Mr. SENSENBRENNER. Mr. Chair- death penalty and Federal prosecution believe this amendment is acceptable man, I yield myself such time as I may of a cop killer may be warranted. Fed- to Chairman SENSENBRENNER. consume. eral prosecution may be advantageous Mr. Chairman, Chairman SENSENBRENNER I rise in opposition to the Scott over State or local prosecutions for a and Ranking Member CONYERS, Congressman amendment which eliminates the death variety of reasons, such as laws relat- SCOTT, thank you for this opportunity to offer penalty for the killing of a federally ing to evidence, statute of limitations, my amendment to H.R. 1751, the Secure Ac- funded public safety officer, such as a or other reasons. cess to Justice and Court Protection Act of judge, police officer, firefighter, pros- The provisions do not require Federal 2005. ecutor, or a family member of a public prosecution, but only add another tool Crime and violence along the US-Mexico safety officer. in the arsenal to protect law enforce- border presents unique challenges to the law According to the Bureau of Justice ment officers, judges, and other court- enforcement community. Border crimes can be Statistics, 52 law enforcement officers house personnel. especially difficult to prosecute: a witness to a were feloniously killed in the United The need for a swift and effective crime along the border may be hesitant to tes- States in 2003 and 56 officers were death penalty is significant in the case tify if he or she fears it is related to criminal killed in the previous year. of violent offenders who assault and activity across the border in another country. In the 10-year period from 1994 kill law enforcement officers, judges The Cuellar amendment is simple; it adds a through 2003, a total of 616 law enforce- and witnesses. Several scientifically category of preferential consideration for wit- ment officers were feloniously killed in valid statistical studies that examine a ness protection grants for jurisdictions that the line of duty in the United States, period of years and control for national share an international border and face a de- 100 of whom were killed in ambush sit- trends consistently show that capital monstrable threat from cross-border crime. uations, entrapment or premeditated punishment is a substantial deterrent This category will benefit such jurisdictions situations. If not for the advent of bul- and saves lives. Recent estimates show that choose to apply for witness protection letproof vests, an additional 400 officers that each execution deters 18 murders. grants. would have been killed over the last I urge a ‘‘no’’ vote on the amend- We must provide prosecutors every means decade, except for the fact that they ment. possible to adjudicate crimes along the border, were wearing protective armor. Mr. Chairman, I yield back the bal- and giving them preferential consideration for ance of my time. Of those responsible for killing police witness protection grants will help that goal. officers between 1994 and 2003, 521 had a The CHAIRMAN. The question is on Mr. SENSENBRENNER. Mr. Chair- prior criminal arrest, including 153 who the amendment offered by the gen- man, will the gentleman yield? had a prior arrest for assaulting a po- tleman from Virginia (Mr. SCOTT). Mr. CUELLAR. I yield to the gen- The question was taken; and the lice officer or resisting arrest, 264 for a tleman from Wisconsin. crime of violence, 230 for a weapons Chairman announced that the noes ap- Mr. SENSENBRENNER. Mr. Chair- violation, and 23 for murder. peared to have it. man, the amendment is a very good Mr. SENSENBRENNER. Mr. Chair- Recent events include the killing of amendment. It is not acceptable, but it an individual with a grenade in the Se- man, I demand a recorded vote. The CHAIRMAN. Pursuant to clause is something that I enthusiastically attle Federal courthouse; the killing of 6 of rule XVIII, further proceedings on support. Judge Roland Barnes, his deputy sher- Mr. CUELLAR. Mr. Chairman, I the amendment offered by the gen- iff and a Federal agent in Atlanta; the thank the gentleman. tleman from Virginia (Mr. SCOTT) will murders of Federal Judge Lefkow’s Ms. JACKSON-LEE of Texas. Mr. be postponed. husband and mother; and the murders Chairman, will the gentleman yield? immediately outside the Tyler, Texas, AMENDMENT NO. 4 OFFERED BY MR. CUELLAR Mr. CUELLAR. I yield to the gentle- Mr. CUELLAR. Mr. Chairman, I offer courthouse. woman from Texas. These recent attacks follow on the an amendment. Ms. JACKSON-LEE of Texas. Mr. The CHAIRMAN. The Clerk will des- heels of the 1998 bombing of Circuit Chairman, I thank the gentleman for ignate the amendment. his very wise amendment. He comes Judge Robert Vance in the 11th Cir- The text of the amendment is as fol- from a region that has suffered an cuit; the 1998 shooting of Judge lows: Daronoco; and the 1979 shooting of enormous amount of border violence. Amendment No. 4 printed in House Report But his local officials, in working with Judge Wood outside his San Antonio 109–279 offered by Mr. CUELLAR: home. Section 11(c) is amended— the gentleman, has brought this to the According to the Administrative Of- (1) by striking ‘‘and’’ at the end of para- Nation’s attention. fice, there are almost 700 threats a year graph (2); This amendment will protect wit- made against Federal judges, and secu- (2) by striking the period at the end of nesses who I think are the crux of solv- paragraph (3) and inserting ‘‘; and’’; and ing some of these heinous crimes. I rity detail have had to be assigned to (3) by inserting after paragragraph (3) the those Federal judges because of the following: have supported amendments such as threats of attacks. (4) shares an international border and faces this, which include language in legisla- The Secure Access bill authorizes, a demonstrable threat from cross border tion that I have which deals with re- but does not require prosecution of fed- crime and violence. warding informants in order to get

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Mr. Chairman, I port. ‘‘(D) support for young witnesses who are thank the gentlewoman for the work Let me conclude by simply saying trying to leave a criminal gang and informa- she has done. again I remind colleagues I hope that tion to prevent initial gang recruitment.’’. Mr. Chairman, I yield back the bal- some day we will be able to discuss the The CHAIRMAN. Pursuant to House ance of my time. Good Time Early Relief bill that Resolution 540, the gentleman from The CHAIRMAN. The question is on speaks to the question of individuals California (Mr. FILNER) and a Member the amendment offered by the gen- languishing in Federal prisons who opposed each will control 5 minutes. tleman from Texas (Mr. CUELLAR). have been nonviolent and would wel- The Chair recognizes the gentleman The amendment was agreed to. come this discussion and this legisla- from California. AMENDMENT NO. 5 OFFERED BY MS. JACKSON- tion. Mr. FILNER. Mr. Chairman, I yield LEE OF TEXAS I am grateful for this amendment, myself such time as I may consume. Ms. JACKSON-LEE of Texas. Mr. and I ask my colleagues to support the I thank Chairman SENSENBRENNER Chairman, I offer an amendment. amendment. and the Rules Committee for allowing The CHAIRMAN. The Clerk will des- Mr. Chairman, I rise to offer an amendment this amendment to proceed. There is a ignate the amendment. to H.R. 1751, the Secure Access to Justice very good section of the bill talking The text of the amendment is as fol- and Court Protection Act of 2005. Before about grants for young witness assist- lows: doing so, I want to thank the Chairman and ance, and I think when we talk about Amendment No. 5 printed in House Report the Ranking Minority Member of the House that, as the bill does, very impor- 109–279 offered by Ms. JACKSON-LEE of Texas: Judiciary Committee for their efforts on this tantly, we also must explicitly talk In section 25, strike subsection (a) and in- bill. Let me briefly explain the thrust of my about gangs because we know that sert the following: amendment. This amendment is only a small youth witness intimidation generally ‘‘(a) IN GENERAL.—The Attorney General, technical change to my original amendment comes at the hands of criminal gangs. through the Office of Justice Programs, shall that was adopted during the Full Committee So my amendment adds language to make grants under this section to the high- Markup last week. In essence, the change this section that provides for this bill est State courts in States participating in would require the Attorney General to work, the program, for the purpose of enabling to allow the use of witness protection such courts to establish and maintain a through the Office of Justice Programs, to grants by youths who are trying to threat assessment database described in sub- make grants to the highest State courts in leave a criminal gang or to prevent ini- section (b).’’. States participating in the threat assessment tial gang recruitment. The CHAIRMAN. Pursuant to House database program. Mr. SENSENBRENNER. Mr. Chair- Resolution 540, the gentlewoman from The rationale for changing the language to man, will the gentleman yield? make State Supreme Courts eligible for re- Texas (Ms. JACKSON-LEE) and a Mem- Mr. FILNER. I yield to the gen- ber opposed each will control 5 min- ceiving grants for the creation of a threat as- tleman from Wisconsin. utes. sessment database is that the State courts are Mr. SENSENBRENNER. Mr. Chair- The Chair recognizes the gentle- on the ground and have the best under- man, I am happy to support this woman from Texas. standing of what type of threats are out there amendment. I think it plugs a hole in Ms. JACKSON-LEE of Texas. Mr. and where they are coming from. In addition: the original bill, and we certainly want The Department of Justice has interpreted Chairman, I yield myself such time as to do whatever we can to prevent peo- language giving ‘‘grants to States’’ as going di- I may consume. ple from going into gangs and from rectly to State executives (Governors) and I want to thank the ranking member being threatened if they are witnesses they have sometimes bypassed the State and the chairman of the full committee and are sworn to tell the truth, the courts. whole truth, and nothing but the truth and the chairman and the ranking The State court administrating agencies (led member of the subcommittee to allow in criminal trials involving gang mem- by the State supreme courts) are in a better bers. the amendment that I secured that has position to know about the kind of threats and to do with providing courts the oppor- Mr. FILNER. Mr. Chairman, I thank attacks they experience in a given year. the chairman for his support. tunity to establish a threat assessment The State court administrating agencies are database similar to that of U.S. Mar- Mr. Chairman, I yield 2 minutes to in a better position to know how to respond to the gentlewoman from California (Ms. shals. attacks and develop procedures to counter WATSON). b 1700 threats to the State courts. Ms. WATSON. Mr. Chairman, I am If the grants go to the State executive, there This provides our courts hands-on here to support the gentleman from is a chance that money expended under this immediate information in order to de- California (Mr. FILNER) and his amend- program will go to another part of the State termine the threats that are waged ment to H.R. 1751. I would like to budget such as roads or education, not court against these particular courts. This thank the chair for accepting that security. simple amendment, rather than include I respectfully request that my amendment amendment. the attorney, in essence, the change of What he is trying to do is to help be made in order. this amendment would require the At- Mr. Chairman, I yield back the bal- that young person extricate him or torney General to work through the Of- ance of my time. herself and let the courts and law en- fice of Justice Programs to make The CHAIRMAN. The question is on forcement know aspects of gang crime grants to the highest State courts in the amendment offered by the gentle- that are key in convicting our most States participating in the Threat As- woman from Texas (Ms. JACKSON-LEE). dangerous criminals on the streets. sessment Database program. The amendment was agreed to. In my district I think we have ex- Mr. SENSENBRENNER. Mr. Chair- AMENDMENT NO. 6 OFFERED BY MR. FILNER ported gang activities around the coun- man, will the gentlewoman yield? Mr. FILNER. Mr. Chairman, I offer try and maybe even around the world, Ms. JACKSON-LEE of Texas. I yield an amendment. South Central Los Angeles. So as a re- to the gentleman from Wisconsin. The CHAIRMAN. The Clerk will des- sult, I started a series of youth vio- Mr. SENSENBRENNER. Mr. Chair- ignate the amendment. lence summits with intervention spe- man, I support this amendment. It The text of the amendment is as fol- cialists, educators, counselors, and the makes a technical change to section 25 lows: youth themselves. And one clear mes- of the bill, and it broadens the eligi- Amendment No. 6 printed in House Report sage that has resonated amongst all of bility for grants. I think it is a good 109–279 offered by Mr. FILNER: them is the dire need to promise our

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Pursuant to House members. My amendment, while not a pan- Resolution 540, the gentleman from youth who are fearful of leaving a gang acea for the gang problem, is a step in the New York (Mr. WEINER) and a Member and who will come forward to testify right direction. It provides support to prevent about the inner workings of these opposed each will control 5 minutes. initial gang recruitment and helps those young The Chair recognizes the gentleman gangs. witnesses who are trying to leave criminal So I thank the gentleman very much from New York. gangs. Passage of my amendment will de- Mr. WEINER. Mr. Chairman, I yield for recognizing that we need to have crease youth witness intimidation by gangs options for the young people that are myself such time as I may consume. and as a result lead to improved prosecution This is a technical amendment that trying to be responsible in the process. of gang members. fixes an oversight in the bill that left And we are going to come back next According to the past president of the Na- year with a comprehensive bill because out four programs that would be help- tional District Attorneys Association, Robert P. ful for courts, court officers, and court we have been studying this issue, work- McCullough, ‘‘prosecutors across the country ing with it for the last 20 years; and I security personnel to take advantage believe that the issue of witness intimidation is of: the Bulletproof Vest Partnership thank Mr. FILNER and Mr. SENSEN- the single biggest hurdle facing any successful Grant program; the Byrne Memorial BRENNER so much for recognizing the gang prosecution.’’ I could not agree with him State and Local Law Enforcement As- need to have these programs. more, which is why I am urging you to support Mr. FILNER. If I may conclude, Mr. sistance Discretionary Grant program; my amendment. Chairman, according to the past presi- the Assistance for Children’s Justice Finally, as a matter of clarification, my Act, CJA, grants; and State Justice dent of the National District Attorneys amendment does not ‘‘require’’ states to pro- Association, Mr. Robert P. McCul- Statistics program for Statistical vide such criminal gang witness assistance to Analysis Centers. lough, he said that ‘‘prosecutors across be eligible for young adult witness assistance the country believe that the issue of These four grant programs, I think, grants. witness intimidation is the single big- the authors of the bill, Mr. GOHMERT, Mr. Chairman, I yield back the bal- myself and members of the committee, gest hurdle facing any successful gang ance of my time. prosecution.’’ had intended to be available to courts The CHAIRMAN. The question is on as a result of this bill, and this amend- So I appreciate the chairman’s ac- the amendment offered by the gen- ceptance of this amendment. I look for- ment would include those. tleman from California (Mr. FILNER). Mr. SENSENBRENNER. Mr. Chair- ward to these grants helping our young The amendment was agreed to. people avoid gangs or at least avoid in- man, will the gentleman yield? AMENDMENT NO. 7 OFFERED BY MR. WEINER timidation. Mr. WEINER. I yield to the gen- Mr. WEINER. Mr. Chairman, I offer I believe when you talk about witness as- tleman from Wisconsin. an amendment. Mr. SENSENBRENNER. Mr. Chair- sistance programs for children, which this bill The CHAIRMAN. The Clerk will des- does, you have to talk about gangs because man, I thank the gentleman for yield- ignate the amendment. as many know youth witness intimidation gen- ing to me. The text of the amendment is as fol- The gentleman from New York is ab- erally comes at the hand of criminal gangs. lows: My amendment adds language to the wit- solutely correct in that there was an ness protection grants provided in this bill to Amendment No. 7 printed in House Report oversight in that State and local 109–279 offered by Mr. WEINER: courts would not be eligible for the allow their use by youths who are trying to At the end of the bill add the following: leave a criminal gang or to prevent initial gang four grant programs that the gen- recruitment. SEC. . STATE AND LOCAL COURT ELIGIBILITY. tleman outlined in his remarks. This (a) BUREAU GRANTS.—Section 302(c)(1) of Unfortunately, my district like many others amendment corrects the oversight, and title I of the Omnibus Crime Control and I am happy to support it and hope that across the country has a problem with gangs, Safe Streets Act of 1968 (42 U.S.C. 3732(c)(1)) which is why I introduced this amendment. is amended by inserting ‘‘State and local the committee adopts it. In San Diego, police department records courts,’’ after ‘‘contracts with’’. Mr. WEINER. Mr. Chairman, reclaim- count no fewer than 3,750 gang members on (b) EDWARD BRYNE GRANTS.— ing my time, I thank the chairman for the street. Most are young—pre-teens to mid– (1) FORMULA GRANTS.—Section 501 of title I his support. 20s. During the first six months of this year, of the Omnibus Crime Control and Safe For the balance my time here, I do gang violence resulted in eight homicides in Streets Act of 1968 (42 U.S.C. 3751) is amend- want to point out one other provision San Diego, nearly a third of the total of 23. ed— that has gone largely unnoticed, but is However, don’t let these statistics mislead (A) in subsection (a), by striking ‘‘and a very important part of this bill. units of local government’’ and inserting ‘‘, I have beside me, and it is difficult to you, gang violence is not limited to California units of local government, and State and and or big urban areas—that might have been local courts’’; and read from afar and, frankly, it is dif- true a while ago but it is no longer the case (B) in subsection (b), by inserting ‘‘, State ficult to even read from up close, a Web today. While big cities still have the majority of and local courts,’’ after ‘‘use by States’’. site that distributes the personal infor- gangs their tentacles reach out from the cities (2) DISCRETIONARY GRANTS.—Section 510(a) mation about judges, police officers, into every aspect of our society. For example, of title I of the Omnibus Crime Control and elected officials, and the like. This Web Mara Salvatrucha, also known as MS–13, has Safe Streets Act of 1968 (42 U.S.C. 3760(a)) is site, and we have obviously obscured grown from a gang that once numbered a few amended by inserting ‘‘, State and local the URL, goes so far as to talk about courts,’’ after ‘‘private agencies,’’. the comings and goings of undercover thousand and was involved in street violence (c) ARMOR VESTS.—Section 2501 of title I of and turf battles in Southern California into a the Omnibus Crime Control and Safe Streets officers in New York City. It provides gang that operates in at least 33 states, with Act of 1968 (3796ii) is amended— sensitive details of about 79 different an international membership in the hundreds (1) in subsection (a), by inserting ‘‘State officers, things such as what type of of thousands. and local court,’’ after ‘‘local,’’; and car they drive, things about what the Three thousand jurisdictions across the U.S. (2) in subsection (b), by inserting ‘‘State comings and goings of their families are estimated to have had gang activity in and local court’’ after ‘‘government,’’. are, personal habits. This is an example (d) CHILD ABUSE PREVENTION.—Section 105 where we find the matrix, or perhaps I 2001. In 2002, 32% of cities with a population of the Child Abuse Prevention and Treat- of 25 to 50 thousand reported a gang-related ment Act (42 U.S.C. 5106) is amended— would call it the conflict, of the virtues homicide. Furthermore, it is estimated that (1) in the section heading, by inserting of the Internet, how it is a place to there are 840,000 active gang members in the ‘‘STATE AND LOCAL COURTS,’’ after bring information far and wide and the U.S. operating in every state of the Union. ‘‘AGENCIES’’; ability to use the Internet for what is

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00155 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25638 CONGRESSIONAL RECORD—HOUSE November 9, 2005 in this case a very pernicious, mean- threatening speech is not protected Currently, a number of States permit spirited, and perhaps deadly cause. speech. Speech that endangers some- State prosecutors to carry firearms. We know from the examples we have one’s livelihood, endangers someone’s However, this right is not extended to had judges’ families stalked based on life is not protected speech, and this all Federal prosecutors and Federal information the criminals were able to provision in the Court Security Act judges. My amendment would allow find on the Internet. In this bill we es- will make that abundantly clear. both Federal judges and Federal pros- sentially incorporate H.R. 1710, the I ask for a ‘‘yes’’ vote on the Weiner ecutors to carry firearms for their and Internet Police Protection Act, that I amendment. their families’ protection and provide offered. It becomes section 18 of this The CHAIRMAN. The question is on for training and regular certification. bill. What it says is there is a lot of the amendment offered by the gen- The need for my amendment was publicly accessible information about tleman from New York (Mr. WEINER). made clear by the recent tragedies in- judges; there is a lot of publicly acces- The amendment was agreed to. volving, and we have heard the chair- sible information about police officers. AMENDMENT NO. 8 OFFERED BY MR. KING OF man speak to these issues, the brutal If someone wants to, if they really IOWA murder of family members of U.S. Dis- want to harass or harm a police officer Mr. KING of Iowa. Mr. Chairman, I trict Judge Joan Lefkow; the slaying of or a judge, we should not allow the offer an amendment. Judge Rowland Barnes, his court re- Internet to be used as a repository for The CHAIRMAN. The Clerk will des- porter, deputy sheriff, and a Federal of- information like that. ignate the amendment. ficer in Atlanta; the cold-blooded I am someone who spends a great The text of the amendment is as fol- shootings outside the Tyler, Texas deal of time as a member of the Judici- lows: courthouse, among others. These situa- ary Committee and a Member of this Amendment No. 8 printed in House Report tions underscore the importance of se- House fighting for the rights of people 109–279 offered by Mr. KING of Iowa: curity for judges and prosecutors. to free speech. I know there are going At the end of the bill, add the following: There is a significant need to allow to be things on the Internet that are SEC. lll. AUTHORITY OF FEDERAL JUDGES judges and U.S. Attorneys to carry troubling to us, and we are always AND PROSECUTORS TO CARRY FIRE- firearms because threats and dangerous ARMS. going to be in a tug and a push to try assaults upon them are steadily in- (a) IN GENERAL.—Chapter 203 of title 18, to figure out where we draw the line. United States Code, is amended by inserting creasing. By virtue of their positions, In this case, the line clearly gets after section 3053 the following: United States judges and prosecutors drawn in the following place: if people ‘‘§ 3054. Authority of Federal judges and pros- are high-profile targets. They and their are going to use the Internet to harass, ecutors to carry firearms families have often been victims of vio- intimidate, or harm law enforcement ‘‘Any justice of the United States or judge lent crimes, murder, and threats to personnel, to harm court officers, to of the United States (as defined in section their personal safety. harm judges, then they should be ille- 451 of title 28), any judge of a court created United States judges, justices, and gal. This makes the test very simple. If under article I of the United States Constitu- U.S. Attorneys bravely serve the peo- they simply compile the database and a tion, any bankruptcy judge, any magistrate ple of the United States of America. police officer’s name happens to be on judge, any United States attorney, and any They prosecute our most serious, so- it with no intention of ill will, then ob- other officer or employee of the Department phisticated, and violent offenders. of Justice whose duties include representing viously this would not make that ille- the United States in a court of law, may These offenders range from inter- gal. But if it is clear that they are carry firearms, subject to such regulations national terrorists to armed career compiling a Web site like this one, as the Attorney General shall prescribe. criminals. which starts out, I should point out, Such regulations shall provide for training Protecting the courthouse is impor- the very first line says: ‘‘Welcome to and regular certification in the use of fire- tant, Mr. Chairman, but the court- this legal, noncriminal Web site which arms and shall, with respect to justices, house is just a building. This amend- provides publicly available information judges, bankruptcy judges, and magistrate ment is designed to provide meaningful about NYPD, New York City Police De- judges, be prescribed after consultation with protection to the actual person and his the Judicial Conference of the United partment, officers. This page is this States.’’. or her family. My amendment extends Web site’s most visited page,’’ and it (b) CLERICAL AMENDMENT.—The table of protection from the courthouse to the goes on to talk about how the informa- sections for such chapter is amended by in- homes in the areas where the judges tion that was gathered was gathered in serting after the item relating to section 3053 and prosecutors live. a lawful way. That is probably right. the following: Our Nation relies and depends upon But it should be illegal. This is just the ‘‘3054. Authority of Federal judges and pros- the sound and unintimidated judgment type of harassment tool, and perhaps ecutors to carry firearms.’’. of these dedicated public servants. We even worse, that we need to keep off of The CHAIRMAN. Pursuant to House owe them every reasonable tool to pro- the Internet. Resolution 540, the gentleman from tect themselves and their families. I also draw another distinction, Mr. Iowa (Mr. KING) and a Member opposed This includes the right to carry an ef- Chairman. When one is an elected offi- each will control 5 minutes. fective personal security tool. cial, a public official, their comings The Chair recognizes the gentleman Mr. Chairman, I urge a ‘‘yes’’ vote on and goings are going to be more public from Iowa. this amendment. than others. That is part of the cost of Mr. KING of Iowa. Mr. Chairman, I Mr. Chairman, I yield back the bal- doing business. Any information about yield myself such time as I may con- ance of my time. where a Congressman shows up obvi- sume. Mr. SCOTT of Virginia. Mr. Chair- ously is not going to be covered by this First, Mr. Chairman, I want to thank man, I ask unanimous consent to claim legislation. But if one is a police offi- Chairman SENSENBRENNER and Mr. the time in opposition, although I am cer, if one is an undercover police offi- GOHMERT for bringing this underlying not opposed. cer, imagine what it feels like to go bill to the floor, H.R. 1751. The CHAIRMAN. Is there objection home after a hard day at work dealing My amendment specifically addresses to the request of the gentleman from with some very bad people and find in- the problem of violence in and around Virginia? formation about their comings and go- Federal courthouses. The amendment There was no objection. ings posted on a Web page. authorizes any Federal judge, mag- Mr. SCOTT of Virginia. Mr. Chair- This bill, the Court Protection Act, istrate, United States Attorney, or any man, I wonder if the gentleman from is going to make that illegal, as it other officer of the Department of Jus- Iowa would respond to a couple of ques- should. And there may be tests that we tice who represents the U.S. in a court tions. I would ask the gentleman have to figure out where the line gets of law to carry firearms. They would be whether or not this applies to Federal drawn. Courts have come down in dif- subject to training and regulation as officials only; we are not imposing this ferent places, but one thing we know: prescribed by the Attorney General. on State officials.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00156 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25639 Mr. KING of Iowa. Mr. Chairman, poned and on which the noes prevailed Goode LoBiondo Rogers (KY) will the gentleman yield? by voice vote. Goodlatte Lofgren, Zoe Rogers (MI) Gordon Lucas Rohrabacher Mr. SCOTT of Virginia. I yield to the The Clerk will redesignate the Granger Lungren, Daniel Ros-Lehtinen gentleman from Iowa. amendment. Graves E. Ross Mr. KING of Iowa. Yes, Mr. Chair- The Clerk redesignated the amend- Green (WI) Mack Rothman Green, Gene Manzullo Royce man, it applies only to Federal officials ment. Grijalva Marchant Ruppersberger who will represent the United States of RECORDED VOTE Gutknecht Marshall Ryan (WI) America in a court of law, the voice of Hall Matheson Ryun (KS) The CHAIRMAN. A recorded vote has the Federal Government in a court of Harman Matsui Salazar been demanded. Harris McCaul (TX) law. Saxton A recorded vote was ordered. Hart McCotter Schiff Mr. SCOTT of Virginia. Mr. Chair- Hastings (WA) McCrery The vote was taken by electronic de- Schmidt man, reclaiming my time, also, did the Hayes McHenry Schwartz (PA) Federal officials ask for this new vice, and there were—ayes 97, noes 325, Hayworth McHugh Schwarz (MI) not voting 11, as follows: Hefley McIntyre Scott (GA) power? Hensarling McKeon Sensenbrenner I yield to the gentleman. [Roll No. 583] Herger McMorris Shadegg AYES—97 Herseth Meek (FL) Shaw b 1715 Higgins Melancon Shays Abercrombie Jackson-Lee Paul Hinojosa Menendez Sherman Mr. KING of Iowa. Mr. Chairman, on Ackerman (TX) Payne Hobson Mica Sherwood Allen Johnson, E. B. Pelosi that specific question, I cannot answer Holden Miller (FL) Shimkus Baldwin Kildee Rahall ‘‘yes’’ to or ‘‘no’’ to. I am working with Hooley Miller (MI) Shuster Bartlett (MD) Kilpatrick (MI) Rangel Hostettler Miller (NC) a piece of language I believe in, and I Berman Kucinich Simmons Roybal-Allard Hoyer Miller, Gary Simpson have not looked a Federal official in Blumenauer Lee Rush Hulshof Moore (KS) Brown (OH) Levin Skelton the eye that specifically asked me. Ryan (OH) Hunter Moran (KS) Smith (TX) Capuano Lewis (GA) Hyde Moran (VA) Mr. SCOTT of Virginia. Mr. Chair- Sabo Snyder Carson Lowey Inglis (SC) Murphy Sa´ nchez, Linda Sodrel man, reclaiming my time, it is my un- Clay Lynch Inslee Murtha T. Souder derstanding that this was in fact their Cleaver Maloney Israel Musgrave Sanchez, Loretta Spratt Clyburn Markey Issa Myrick request, in fact, their number one re- Sanders Stearns Conyers McCarthy Istook Napolitano Schakowsky Stupak quest. Does the gentleman have any Cummings McCollum (MN) Jefferson Neugebauer Scott (VA) Sullivan evidence or know anything contrary to Davis (IL) McDermott Jenkins Ney Serrano Tancredo DeGette McGovern Jindal Northup that? Slaughter Tanner Delahunt McKinney Johnson (CT) Nunes Mr. KING of Iowa. I have been in- Dingell McNulty Smith (NJ) Tauscher Smith (WA) Johnson (IL) Nussle formed that, yes, we have Federal offi- Ehlers Meehan Johnson, Sam Ortiz Taylor (MS) Solis cials that have asked for this legisla- Engel Meeks (NY) Jones (NC) Osborne Taylor (NC) Stark Eshoo Michaud Jones (OH) Otter Terry tion. I would point out that it is not Tierney Evans Millender- Kanjorski Oxley Thomas mandatory that they accept carrying a Towns Farr McDonald Kaptur Pallone Thompson (CA) Udall (CO) firearm; it is their option that they ex- Fattah Miller, George Keller Pascrell Thompson (MS) ercise under the regulation provided by Filner Mollohan Van Hollen Kelly Pearce Thornberry Vela´ zquez Tiahrt the Attorney General. Frank (MA) Moore (WI) Kennedy (MN) Peterson (MN) Green, Al Nadler Wasserman Kennedy (RI) Peterson (PA) Tiberi Mr. SCOTT of Virginia. Reclaiming Gutierrez Neal (MA) Schultz Kind Petri Turner my time, I would finally ask, is this Hinchey Oberstar Waters King (IA) Pickering Udall (NM) the right to carry, subject to training Hoekstra Obey Watson King (NY) Pitts Upton Holt Olver Watt Visclosky and regulation prescribed by the Attor- Kingston Platts Honda Owens Waxman Kirk Poe Walden (OR) ney General? I yield to the gentleman. Jackson (IL) Pastor Woolsey Kline Pombo Walsh Knollenberg Pomeroy Wamp Mr. KING of Iowa. It is subject to NOES—325 training and regulation as prescribed Kolbe Porter Weiner Aderholt Burgess DeLauro Kuhl (NY) Price (GA) Weldon (FL) by the Attorney General. Akin Burton (IN) DeLay LaHood Price (NC) Weldon (PA) Mr. SENSENBRENNER. Mr. Chair- Alexander Butterfield Dent Langevin Pryce (OH) Weller man, will the gentleman yield? Andrews Buyer Diaz-Balart, L. Lantos Putnam Westmoreland Mr. SCOTT of Virginia. I yield to the Baca Calvert Diaz-Balart, M. Larsen (WA) Radanovich Wexler Bachus Camp Dicks Larson (CT) Ramstad Whitfield gentleman from Wisconsin. Baird Cannon Doggett Latham Regula Wicker Mr. SENSENBRENNER. Mr. Chair- Baker Cantor Doolittle LaTourette Rehberg Wilson (NM) man, I appreciate the gentleman yield- Barrett (SC) Capito Doyle Leach Reichert Wilson (SC) Barrow Capps Drake Lewis (CA) Renzi Wolf ing. I support the amendment as well, Barton (TX) Cardin Dreier Lewis (KY) Reyes Wu and I understand why Federal officials Bass Cardoza Duncan Linder Reynolds Wynn who are designating the amendment Bean Carnahan Edwards Lipinski Rogers (AL) Young (AK) would feel a need for this. As long as it Beauprez Carter Emanuel Becerra Case Emerson NOT VOTING—11 is optional and as long as it requires Berkley Castle English (PA) Boswell Davis (FL) Sessions training and certification, I think that Berry Chabot Etheridge Brown-Waite, Hastings (FL) Strickland this is an appropriate thing, to em- Biggert Chandler Everett Ginny Norwood Sweeney Bilirakis Chocola Feeney Conaway Pence Young (FL) power those Federal officials des- Bishop (GA) Coble Ferguson ignated who feel the need to carry a Bishop (NY) Cole (OK) Fitzpatrick (PA) firearm to be able to do so. Bishop (UT) Cooper Flake b 1745 Mr. SCOTT of Virginia. Mr. Speaker, Blackburn Costa Foley Blunt Costello Forbes Messrs. BRADY of Pennsylvania, I yield back the balance of my time. Boehlert Cramer Ford GARRETT of New Jersey, GARY G. The CHAIRMAN. The question is on Boehner Crenshaw Fortenberry MILLER of California, RYAN of Wis- the amendment offered by the gen- Bonilla Crowley Fossella consin, MCCAUL of Texas, MORAN of Bonner Cubin Foxx tleman from Iowa (Mr. KING). Bono Cuellar Franks (AZ) Virginia, BUTTERFIELD, UDALL of The amendment was agreed to. Boozman Culberson Frelinghuysen New Mexico, Ms. HARRIS, Ms. AMENDMENT NO. 3 OFFERED BY SCOTT OF Boren Cunningham Gallegly CORRINE BROWN of Florida, Ms. Boucher Davis (AL) Garrett (NJ) VIRGINIA Boustany Davis (CA) Gerlach DELAURO and Ms. MATSUI changed The CHAIRMAN. The pending busi- Boyd Davis (KY) Gibbons their vote from ‘‘aye’’ to ‘‘no.’’ ness is the demand for a recorded vote Bradley (NH) Davis (TN) Gilchrest Mr. UDALL of Colorado and Ms. on the amendment offered by the gen- Brady (PA) Davis, Jo Ann Gillmor SOLIS changed their vote from ‘‘no’’ to Brady (TX) Davis, Tom Gingrey tleman from Virginia (Mr. SCOTT) on Brown (SC) Deal (GA) Gohmert ‘‘aye.’’ which further proceedings were post- Brown, Corrine DeFazio Gonzalez So the amendment was rejected.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00157 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25640 CONGRESSIONAL RECORD—HOUSE November 9, 2005 The result of the vote was announced major disaster declaration under section 401 Mr. RANGEL. I cannot hear the as above recorded. of the Disaster Relief Act of 1974, or an emer- Chair. The CHAIRMAN. The question is on gency declaration under section 501 of the The SPEAKER pro tempore. An ob- the committee amendment in the na- Disaster Relief Act of 1974, knowingly and jection has been heard. willfully— The Clerk will continue reading the ture of a substitute, as amended. ‘‘(1) executes or attempts to execute a The committee amendment in the motion. scheme or artifice to defraud the United The Clerk continued reading the mo- nature of a substitute, as amended, was States; agreed to. ‘‘(2) falsifies, conceals, or covers up by any tion to recommit. The CHAIRMAN. Under the rule, the trick, scheme, or device a material fact; Mr. SENSENBRENNER (during the Committee rises. ‘‘(3) makes any materially false, fictitious, reading). Mr. Speaker, I ask unanimous Accordingly, the Committee rose; or fraudulent statements or representations, consent that the further reading of the and the Speaker pro tempore (Mr. or makes or uses any materially false writ- motion to recommit be dispensed with. ing or document knowing the same to con- The SPEAKER pro tempore. Is there TERRY) having assumed the chair, Mr. tain any materially false, fictitious, or objection to the request of the gen- SIMPSON, Chairman of the Committee fraudulent statement or entry; or tleman from Wisconsin? of the Whole House on the State of the ‘‘(4) materially overvalues any good or There was no objection. Union, reported that that Committee, service with the specific intent to exces- The SPEAKER pro tempore. Pursu- having had under consideration the bill sively profit from the federal disaster or ant to the rule, the gentleman from (H.R. 1751) to amend title 18, United emergency; New York is recognized for 5 minutes States Code, to protect judges, prosecu- shall be fined under subsection (b), impris- in support of his motion to recommit. tors, witnesses, victims, and their fam- oned not more than 30 years, or both. Mr. HIGGINS. Mr. Speaker, when ily members, and for other purposes, ‘‘(b) FINE.—A person convicted of an of- this Nation has been hit with terrorist pursuant to House Resolution 540, he fense under subsection (a) may be fined the attacks or national disasters, America reported the bill back to the House greater of— ‘‘(1) $1,000,000; or has always responded with a strong, de- with an amendment adopted by the ‘‘(2) if such person derives profits or other cisive, generous spirit. Four years ago Committee of the Whole. proceeds from the offense, not more than 3 on September 11, 2001, without warn- The SPEAKER pro tempore. Under times the gross profits or other proceeds.’’. ing, like missiles from hell, two planes the rule, the previous question is or- (b) CLERICAL AMENDMENT.—The table of filled with the most innocent of vic- dered. sections at the beginning of chapter 63 of tims slammed into the World Trade Is a separate vote demanded on any title 18, United States Code, is amended by Center’s twin towers, 3,000 dead seem- amendment to the committee amend- adding at the end the following new item: ingly in an instant. America’s response ment in the nature of a substitute ‘‘1351. Profiteering and fraud in connection was quick, decisive and powerful. adopted by the Committee of the with military actions and dis- On that day, we as Americans took a Whole? If not, the question is on the aster relief.’’. hit, but we stood united and we re- amendment. Mr. HIGGINS (during the reading). sponded with confidence, blue States The amendment was agreed to. Mr. Speaker, I ask unanimous consent and red States, suburban and urban, The SPEAKER pro tempore. The to dispense with the reading. black and white, rich and poor, to- question is on the engrossment and The SPEAKER pro tempore. Is there gether, united. Everyone suffered third reading of the bill. objection to the request of the gen- equally and resolved collectively to re- The bill was ordered to be engrossed tleman from New York? build, to sacrifice, to reaffirm boldly and read a third time, and was read the Mr. SENSENBRENNER. Mr. Speak- what the scum terrorists had tried to third time. er, reserving the right to object, the destroy. People reached deep within MOTION TO RECOMMIT OFFERED BY MR. HIGGINS majority was recently, within the last themselves and from the collective Mr. HIGGINS. Mr. Speaker, I offer a 2 or 3 minutes, given a copy of this mo- heart a supremely compassionate re- motion to recommit. tion to recommit. This comes as a com- sponse for and from the ages, a source The SPEAKER pro tempore. Is the plete surprise. This is not the way to of national pride forever. Confidence in gentleman opposed to the bill? legislate, Mr. Speaker. I object. public officials and institutions soared. Mr. HIGGINS. Yes, in its current The SPEAKER pro tempore. Objec- Today, Mr. Speaker, we are a nation form, Mr. Speaker. tion is heard. that is stumbling. We have lost our The SPEAKER pro tempore. The The Clerk will continue the reading. confident and compassionate way. In the wake of Hurricane Katrina, the Clerk will report the motion to recom- The Clerk continued to read the mo- Federal Government’s response was mit. tion to recommit. slow and sluggish, sloppy and uneven. The Clerk read as follows: PARLIAMENTARY INQUIRY No one took responsibility and there Mr. Higgins moves to recommit the bill Mr. RANGEL (during the reading). was no leadership. None. Our collective H.R. 1751 to the Committee on the Judiciary Parliamentary inquiry. with instructions to report the same back to and national compassion was reduced The SPEAKER pro tempore. The gen- to internal retreat and rapacious im- the House forthwith with the following tleman will state it. amendment: pulses. While so-called leaders spun Mr. RANGEL. Mr. Speaker, I have no blame, the poor, the sick and the Insert at the appropriate place the fol- idea as to what the objection was lowing: stranded continued to suffer. We, as a raised to. The House was not in order nation, collectively fell down and hard, SEC. ll. PROHIBITION OF PROFITEERING AND when the gentleman was speaking. The FRAUD IN CONNECTION WITH MILI- and against and away from the greater TARY ACTIONS AND DISASTER RE- House has no way to know as to what good that is in all of us. LIEF. objection he raised. Mr. Speaker, government-sponsored (a) IN GENERAL.—Chapter 63 of title 18, Is it possible for the Chair to edify no-bid contractors at politically moti- United States Code, is amended by adding at the House as to why the objection was vated firms like Halliburton are ex- the end the following: made to dispensing with the reading? ploiting our Nation’s generosity here ‘‘§ 1351. Profiteering and fraud in connection The SPEAKER pro tempore. The gen- in America and abroad. In the gulf with military actions and disaster relief tleman from Wisconsin objected to the coast region of this Nation and in the ‘‘(a) PROHIBITION.—Whoever, directly or in- dispensing of the reading. Middle East region of this world, con- directly, in any matter involving a contract The Clerk will continue to read. tractors are pillaging the very people with the Federal Government or the provi- Mr. RANGEL. Mr. Speaker, my par- whose economic interests we have been sion of goods or services to or on behalf of liamentary inquiry was, could the the Federal Government, in connection with sent here to protect. In the midst of military action, or relief or reconstruction Chair share with us the reason given by war and in the aftermath of natural activities in Iraq or Afghanistan or any the distinguished objector? disaster, hundreds of millions in tax- other foreign country, or relief or recon- The SPEAKER pro tempore. An ob- payer-funded relief and recovery are struction efforts provided in response to a jection has already been heard. being wasted, squandered, lost forever.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00158 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25641 Mr. Speaker, the motion I offer today TRIOT and Terrorism Prevention Reauthoriza- Davis (TN) Larson (CT) Reyes will impose stiff fines and criminal DeFazio Leach Ross tion bill. DeGette Lee Rothman penalties on contractors who know- This Motion to Instruct would take the most Delahunt Levin Roybal-Allard ingly falsify information in order to contentious provisions of this bill and sunset DeLauro Lewis (GA) Ruppersberger win approval of government contracts them in 4 years. These provisions include sec- Dicks Lipinski Rush Dingell Lofgren, Zoe during Presidentially declared emer- tion 215, which allows officials to order the Ryan (OH) Doggett Lowey Sabo gencies. While in this Chamber the surrender of anything when relevant to a terror Doyle Lynch Salazar proper role of government is often de- investigation, section 206 which allows secret Edwards Maloney Sa´ nchez, Linda bated, the one undisputed and unifying Emanuel Markey T. wiretap orders without definition of who and Engel Marshall Sanchez, Loretta principle is that above all else, our re- where the tap will go, and the ‘‘Lone Wolf’’ Eshoo Matheson Sanders sponsibility to each other and to the Etheridge Matsui provision which allows the government to sur- Schakowsky Evans McCarthy American people is to protect the Na- veil so called ‘‘agents of a foreign power’’ who Schiff Farr McCollum (MN) tion from entities who seek to injure act alone. Fattah McDermott Schwartz (PA) and destroy us and from natural disas- Egregious law that robs the civil liberties of Filner McGovern Scott (GA) Scott (VA) ters that devastate our community. law abiding Americans should be reviewed Ford McIntyre Mr. Speaker, the motion I offer today Frank (MA) McKinney Serrano sooner than later, therefore I strongly support Gonzalez McNulty Shays at this defining moment in our Na- these sunset provisions proposed in this mo- Gordon Meehan Sherman tion’s history will either reaffirm the tion to instruct. Green, Al Meek (FL) Skelton Slaughter promise of our Nation’s greatness or My constituents agree that the American Green, Gene Meeks (NY) condemn us from this moment on for Grijalva Melancon Smith (WA) people should not have to compromise their Gutierrez Menendez Snyder failing to live up to our obligations as civil liberties in order to combat extremism. Harman Michaud Solis a nation that deserves and demands The local governments of Pacific Grove, Sali- Herseth Millender- Spratt Higgins McDonald only from us fairness and goodness. nas, Santa Cruz, and Watsonville, CA have all Stark Mr. Speaker, I urge all the Members Hinchey Miller (NC) Stupak passed resolutions expressing their concerns Hinojosa Miller, George to support this motion to end this cul- Tanner with the anti-privacy and anti-liberty nature of Holden Mollohan Tauscher ture of corruption. Holt Moore (KS) the PATRIOT Act. Taylor (MS) Mr. Speaker, I yield back the balance Honda Moore (WI) I also would like to note my disappointment Thompson (CA) of my time. Hooley Moran (VA) Thompson (MS) that the fiscal year 2006 State-Science-Jus- Hoyer Murtha Tierney Mr. SENSENBRENNER. Mr. Speak- Inslee Nadler tice-Commerce Appropriations bill included Towns er, I rise in opposition to the motion to Israel Napolitano Udall (CO) one of the most invasive provisions of the PA- Jackson (IL) Neal (MA) recommit. Udall (NM) The SPEAKER pro tempore. The gen- TRIOT Act that permits sweeping searches Jackson-Lee Oberstar (TX) Obey Van Hollen and seizures of library and bookstore patron ´ tleman from Wisconsin is recognized Jefferson Olver Velazquez for 5 minutes. records, despite this body’s condemnation of Johnson, E. B. Ortiz Visclosky Mr. SENSENBRENNER. Mr. Speak- the provision earlier this year. Jones (OH) Owens Wasserman Voices in the Congress echo voices of peo- Kanjorski Pallone Schultz er, this motion is offered by a Member Waters ple across America. Kaptur Pascrell who stated to the Speaker that he is Kennedy (RI) Pastor Watson opposed to this bill. He is opposed to I urge a ‘‘yea’’ vote on the motion to in- Kildee Payne Watt providing additional security to judges, struct. Kilpatrick (MI) Pelosi Waxman The SPEAKER pro tempore (Mr. Kind Peterson (MN) Weiner to prosecutors, to witnesses, to victims Kucinich Pomeroy Wexler and their family members. He is op- TERRY). Without objection, the pre- Langevin Price (NC) Woolsey posed to a bill that has been worked on vious question is ordered on the motion Lantos Rahall Wu significantly on a bipartisan basis. And to recommit. Larsen (WA) Rangel Wynn he has stated that he is opposed to There was no objection. NOES—221 doing something where there is a cry- The SPEAKER pro tempore. The Aderholt Crenshaw Goode ing need, given the threats and the question is on the motion to recommit. Akin Cubin Goodlatte murders in courthouses all around the The question was taken; and the Alexander Culberson Granger Speaker pro tempore announced that Bachus Cunningham Graves country, and not just Federal court- Baker Davis (KY) Green (WI) houses but State and local courthouses the noes appeared to have it. Barrett (SC) Davis, Jo Ann Gutknecht as well. RECORDED VOTE Bartlett (MD) Davis, Tom Hall Now, what does he propose to do in Barton (TX) Deal (GA) Harris Mr. HIGGINS. Mr. Speaker, I demand Bass DeLay Hart the motion to recommit? He proposes a recorded vote. Beauprez Dent Hastings (WA) to add additional criminal penalties for A recorded vote was ordered. Biggert Diaz-Balart, L. Hayes things that are already criminal. And The SPEAKER pro tempore. Pursu- Bilirakis Diaz-Balart, M. Hayworth Bishop (UT) Doolittle Hefley all that does is to confuse juries, to ant to clause 9 of rule XX, the Chair Blackburn Drake Hensarling confuse prosecutors, to confuse people will reduce to 5 minutes the minimum Blunt Dreier Herger who are attempting to do business with time for any electronic vote on the Boehlert Duncan Hobson the government. Boehner Ehlers Hoekstra question of passage. Bonilla Emerson Hostettler Profiteering in an illegal manner is The vote was taken by electronic de- Bonner English (PA) Hulshof already criminal under the United vice, and there were—ayes 201, noes 221, Bono Everett Hunter States Code. We do not need to confuse not voting 11, as follows: Boozman Feeney Hyde the issue with an additional statutes. Boustany Ferguson Inglis (SC) [Roll No. 584] Bradley (NH) Fitzpatrick (PA) Issa And we do not need to defeat this bill AYES—201 Brady (TX) Flake Istook by this motion that has been offered by Brown (SC) Foley Jenkins several proclaimed opponents of this Abercrombie Blumenauer Chandler Burgess Forbes Jindal Ackerman Boren Clay Burton (IN) Fortenberry Johnson (CT) bill. Allen Boucher Cleaver Buyer Fossella Johnson (IL) b 1800 Andrews Boyd Clyburn Calvert Foxx Johnson, Sam Baca Brady (PA) Conyers Camp Franks (AZ) Jones (NC) The bill is a good one. In order to get Baird Brown (OH) Cooper Cannon Frelinghuysen Keller it passed and signed into law to protect Baldwin Brown, Corrine Costa Cantor Gallegly Kelly Barrow Butterfield Costello Capito Garrett (NJ) Kennedy (MN) the judicial branch and those who do Bean Capps Cramer Carter Gerlach King (IA) business and work for it, vote this silly Becerra Capuano Crowley Castle Gibbons King (NY) motion down and pass the bill as has Berkley Cardin Cuellar Chabot Gilchrest Kingston been worked out on a bipartisan basis. Berman Cardoza Cummings Chocola Gillmor Kirk Berry Carnahan Davis (AL) Coble Gingrey Kline Mr. FARR. Mr. Speaker, I rise in support of Bishop (GA) Carson Davis (CA) Cole (OK) Gohmert Knollenberg the motion to instruct conferees on the PA- Bishop (NY) Case Davis (IL)

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00159 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25642 CONGRESSIONAL RECORD—HOUSE November 9, 2005 Kolbe Osborne Shadegg Camp Harman Millender- Stupak Towns Weldon (FL) Kuhl (NY) Otter Shaw Cannon Harris McDonald Sullivan Turner Weldon (PA) LaHood Oxley Sherwood Cantor Hart Miller (FL) Tancredo Udall (CO) Weller Latham Paul Shimkus Capito Hastings (WA) Miller (MI) Tanner Udall (NM) Westmoreland LaTourette Pearce Shuster Capps Hayes Miller (NC) Tauscher Upton Wexler Lewis (CA) Peterson (PA) Simmons Capuano Hayworth Miller, Gary Taylor (MS) Van Hollen Whitfield Lewis (KY) Petri Simpson Cardin Hefley Moore (KS) Taylor (NC) Visclosky Wicker Linder Pickering Smith (NJ) Cardoza Hensarling Moran (KS) Terry Walden (OR) Wilson (NM) LoBiondo Pitts Smith (TX) Carnahan Herger Moran (VA) Thomas Walsh Wilson (SC) Lucas Platts Sodrel Carter Herseth Murphy Thompson (CA) Wamp Wolf Lungren, Daniel Poe Souder Case Higgins Murtha Thompson (MS) Wasserman Wu E. Pombo Stearns Castle Hinojosa Musgrave Thornberry Schultz Mack Porter Sullivan Chabot Hobson Myrick Tiahrt Watson Wynn Manzullo Price (GA) Tancredo Chandler Hoekstra Napolitano Tiberi Weiner Young (AK) Marchant Pryce (OH) Taylor (NC) Chocola Holden Neal (MA) McCaul (TX) Putnam Terry Cleaver Honda Neugebauer NAYS—45 McCotter Radanovich Thomas Clyburn Hooley Ney Baldwin Lee Payne McCrery Ramstad Thornberry Coble Hostettler Northup Carson Lewis (GA) Rahall McHenry Regula Tiahrt Cole (OK) Hoyer Nunes Clay Markey Roybal-Allard McHugh Rehberg Tiberi Cooper Hulshof Nussle Conyers McDermott Rush McKeon Reichert Turner Costa Hunter Obey Cummings McGovern Sabo McMorris Renzi Upton Costello Hyde Ortiz Davis (IL) McKinney Schakowsky Mica Reynolds Walden (OR) Cramer Inglis (SC) Osborne Delahunt Michaud Scott (VA) Miller (FL) Rogers (AL) Walsh Crenshaw Inslee Otter Filner Miller, George Solis Miller (MI) Rogers (KY) Wamp Crowley Israel Oxley Grijalva Mollohan Stark Miller, Gary Rogers (MI) Weldon (FL) Cubin Issa Pallone Hinchey Moore (WI) Tierney Moran (KS) Rohrabacher Weldon (PA) Cuellar Istook Pascrell Holt Nadler Vela´ zquez Murphy Ros-Lehtinen Weller Culberson Jackson-Lee Pastor Jackson (IL) Oberstar Waters Musgrave Royce Westmoreland Cunningham (TX) Pearce Kildee Olver Watt Myrick Ryan (WI) Whitfield Davis (AL) Jefferson Pelosi Kilpatrick (MI) Owens Waxman Neugebauer Ryun (KS) Wicker Davis (CA) Jenkins Peterson (MN) Kucinich Paul Woolsey Ney Saxton Wilson (NM) Davis (KY) Jindal Peterson (PA) Northup Schmidt Wilson (SC) Davis (TN) Johnson (CT) Petri NOT VOTING—13 Nunes Schwarz (MI) Wolf Davis, Jo Ann Johnson (IL) Pickering Boswell Hastings (FL) Sessions Nussle Sensenbrenner Young (AK) Davis, Tom Johnson, E. B. Pitts Brown-Waite, McCollum (MN) Strickland Deal (GA) Johnson, Sam Platts Ginny Norwood Sweeney NOT VOTING—11 DeFazio Jones (NC) Poe Conaway Pence Young (FL) Boswell Davis (FL) Sessions DeGette Jones (OH) Pombo Davis (FL) Price (GA) Brown-Waite, Hastings (FL) Strickland DeLauro Kanjorski Pomeroy Ginny Norwood Sweeney DeLay Kaptur Porter b 1831 Conaway Pence Young (FL) Dent Keller Price (NC) Diaz-Balart, L. Kelly Pryce (OH) Ms. KILPATRICK of Michigan and ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Diaz-Balart, M. Kennedy (MN) Putnam Mr. OWENS changed their vote from The SPEAKER pro tempore (Mr. Dicks Kennedy (RI) Radanovich ‘‘yea’’ to ‘‘nay.’’ Dingell Kind Ramstad TERRY) (during the vote). Members are Doggett King (IA) Rangel So the bill was passed. advised there are 2 minutes remaining Doolittle King (NY) Regula The result of the vote was announced in this vote. Doyle Kingston Rehberg as above recorded. Drake Kirk Reichert Dreier Kline Renzi A motion to reconsider was laid on b 1818 Duncan Knollenberg Reyes the table. Mr. CLEAVER changed his vote from Edwards Kolbe Reynolds Stated for: Ehlers Kuhl (NY) Rogers (AL) Mr. PRICE of Georgia. Mr. Speaker, on roll- ‘‘no’’ to ‘‘aye.’’ Emanuel LaHood Rogers (KY) So the motion to recommit was re- Emerson Langevin Rogers (MI) call No. 585 I was inadverently detained. Had jected. Engel Lantos Rohrabacher I been present, I would have voted ‘‘yea.’’ English (PA) Larsen (WA) Ros-Lehtinen The result of the vote was announced Eshoo Larson (CT) Ross f as above recorded. Etheridge Latham Rothman PERSONAL EXPLANATION The SPEAKER pro tempore. The Evans LaTourette Royce Everett Leach Ruppersberger Mr. PENCE. Mr. Speaker, I was detained question is on the passage of the bill. Farr Levin Ryan (OH) The question was taken; and the Fattah Lewis (CA) Ryan (WI) this afternoon. Had I been present, I would Speaker pro tempore announced that Feeney Lewis (KY) Ryun (KS) have voted in the following manner: Rollcall the ayes appeared to have it. Ferguson Linder Salazar 581 (On passage—H.R. 2862)—‘‘aye’’; rollcall Fitzpatrick (PA) Lipinski Sa´ nchez, Linda 582 (On passage—S. 1894)—‘‘aye’’; rollcall Mr. SENSENBRENNER. Mr. Speak- Flake LoBiondo T. er, on that I demand the yeas and nays. Foley Lofgren, Zoe Sanchez, Loretta 583 (On Agreeing to the Scott #9 Amend- The yeas and nays were ordered. Forbes Lowey Sanders ment)—‘‘nay’’; rollcall 584 (On Motion to Re- Ford Lucas Saxton commit with Instructions—H.R. 1751)—‘‘nay’’; The SPEAKER pro tempore. This Fortenberry Lungren, Daniel Schiff will be a 5-minute vote. Fossella E. Schmidt and rollcall 585 (On Passage—H.R. 1751)— The vote was taken by electronic de- Foxx Lynch Schwartz (PA) ‘‘aye.’’ vice, and there were—yeas 375, nays 45, Frank (MA) Mack Schwarz (MI) f Franks (AZ) Maloney Scott (GA) not voting 13, as follows: Frelinghuysen Manzullo Sensenbrenner PERSONAL EXPLANATION [Roll No. 585] Gallegly Marchant Serrano Garrett (NJ) Marshall Shadegg YEAS—375 Mr. NORWOOD. Mr. Speaker, though I was Gerlach Matheson Shaw absent on Wednesday, November 9, 2005, for Abercrombie Beauprez Bono Gibbons Matsui Shays Ackerman Becerra Boozman Gilchrest McCarthy Sherman medical reasons, I wish to have my intended Aderholt Berkley Boren Gillmor McCaul (TX) Sherwood votes recorded in the CONGRESSIONAL RECORD Akin Berman Boucher Gingrey McCotter Shimkus for the following votes: Rollcall vote 577 on H. Alexander Berry Boustany Gohmert McCrery Shuster Res. 539—‘‘aye’’; rollcall vote 578 on H. Res. Allen Biggert Boyd Gonzalez McHenry Simmons Andrews Bilirakis Bradley (NH) Goode McHugh Simpson 538—‘‘aye’’; rollcall vote 579 on H. Res. 540— Baca Bishop (GA) Brady (PA) Goodlatte McIntyre Skelton ‘‘aye’’; rollcall vote 580 on the Adoption of Bachus Bishop (NY) Brady (TX) Gordon McKeon Slaughter Conference Report on H.R. 2419—‘‘nay’’; roll- Baird Bishop (UT) Brown (OH) Granger McMorris Smith (NJ) Baker Blackburn Brown (SC) Graves McNulty Smith (TX) call vote 581 on the Adoption of Conference Barrett (SC) Blumenauer Brown, Corrine Green (WI) Meehan Smith (WA) Report on H.R. 2862—‘‘aye’’; rollcall vote 582 Barrow Blunt Burgess Green, Al Meek (FL) Snyder on S. 1894—‘‘aye’’; rollcall vote 583 on Bartlett (MD) Boehlert Burton (IN) Green, Gene Meeks (NY) Sodrel Amendment numbered 3 in House Report Barton (TX) Boehner Butterfield Gutierrez Melancon Souder Bass Bonilla Buyer Gutknecht Menendez Spratt 109–279—‘‘nay’’; rollcall vote 585 on H.R. Bean Bonner Calvert Hall Mica Stearns 1751—‘‘aye.’’

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PARLIAMENTARY INQUIRY retiring to spend more time with her Mr. LAHOOD. Mr. Speaker, I thank Mr. SENSENBRENNER. Mr. Speak- family. As anyone who has worked the chairman of the Rules Committee er, do the House rules not require that with Muftiah can attest, speaking with for taking time this evening to honor the proponent of an unsuccessful mo- her is like having a double espresso. Muftiah, because as some Members tion to recommit, who has stated that Her enthusiasm for her job is infec- know, when we came here in 1994, he or she is opposed to the bill in its tious, and there is no doubt that we which is the class I was elected to, not present form, vote against the bill on will sorely miss her, for after working one of us had ever really served as final passage? here 30 years, she is retiring. Speaker pro tem because we had been The SPEAKER pro tempore (Mr. Muftiah has worked in the House out of the majority for 40 years. For TERRY). A Member must state his oppo- longer than most Members. This year I those of us who have had the privilege sition to the bill in order to qualify to marked my 25th year of service in this of acting as Speaker pro tem, we have offer a motion to recommit. institution, and she was working here 5 relied almost exclusively on the Parlia- Mr. SENSENBRENNER. Mr. Speak- years before I arrived. Over the course mentarians to give us good advice, to er, further parliamentary inquiry. I no- of those three decades, she has served share with us the importance of ticed that the proponent of the motion under six Speakers and during the ten- chairing the House in a way that dig- to recommit, who stated his opposi- ure of six Presidents. Most impor- nifies this body, by following the rules, tion, voted in favor of the bill after the tantly, she has worked for three Par- doing it in a fair and bipartisan way; motion to recommit was rejected by liamentarians of the House. and for the kind of opportunity that I the House. Mr. Speaker, throughout her career think Muftiah has provided to those of Is that not in violation of the rules? in this institution, Muftiah has strived us who have had this privilege, we are The SPEAKER pro tempore. The for personal and professional excel- very, very grateful to her. As one who was a former staffer of 17 positive rule is satisfied when the gen- lence; and she, without a doubt, years for two previous Members, one tleman states his opposition to the bill achieved both. After earning her bach- who served as the longest-serving Re- in qualifying to be recognized to offer elor’s degree and law degree while publican leader, Bob Michel, in the mi- the motion. working in the office as a clerk, nority we relied a great deal on the Mr. SENSENBRENNER. Mr. Speak- Muftiah became the first woman to be Parliamentarians to help guide us er, further parliamentary inquiry. If appointed a Parliamentarian in Janu- through meeting the challenges of try- the gentleman states his opposition to ary, 1991. ing to get things done as a minority the bill and then does not follow up his In my position chairing the House party. Muftiah was certainly a part of statement, are not the rules violated or Rules Committee, we have a special bond with Muftiah. She has worked that team that really helped us do the House misled? that. The SPEAKER pro tempore. The very closely with the staff members of the Rules Committee in drafting many Then coming into the majority party Chair accepts the gentleman’s state- and serving with great privilege and ment as final, but it does not bind his of the rules for considering legislation on the floor. As Members know, at this honor as Speaker pro tem, I can tell vote on passage as a matter of positive you that Muftiah was extraordinary in rule. moment, we are in the process of deal- ing with something of a challenge as her ability to help us get through some f we put together the manager’s amend- very, very important legislation not only for those of us in the majority AUTHORIZING THE CLERK TO ment for the measure that we will be party, but for the country. We could MAKE CORRECTIONS IN EN- passing out of this House tomorrow. GROSSMENT OF H.R. 1751, SE- She also served as the long-time edi- not have done it without her great as- sistance and great knowledge. CURE ACCESS TO JUSTICE AND tor of the House Rules and Manual. I She is an extraordinary person, out- COURT PROTECTION ACT OF 2005 have my appropriate prop right here side of the work she does here in the Mr. SENSENBRENNER. Mr. Speak- for those who have not seen that. And House and aiding all of us who sit in er, I ask unanimous consent that in the she edited two editions of House Prac- the Chair, but in her own personal life, engrossment of the bill, H.R. 1751, the tice. I know she takes great pride in as the mother of four children, having Clerk be authorized to make technical both the contents and the craftsman- a spouse, and having to work long corrections and conforming changes to ship of these beautiful, leather-bound hours. As one who has served here as a the bill. volumes that each of us has in our of- staffer, I can tell you that the staff The SPEAKER pro tempore. Is there fice. does not get enough credit for the good objection to the request of the gen- Muftiah has always had a passion for work that goes on around here in help- tleman from Wisconsin? service and an endearment for this in- ing us do the work that we do. There was no objection. stitution and a commitment to our In particular, the Parliamentarians f great democracy. Over many years and do an extraordinary job in making sure many late nights, she has been essen- SAYING FAREWELL TO HOUSE that things are done correctly, by the tial to the work of the House. Her un- book, and Muftiah has certainly been a PARLIAMENTARIAN MUFTIAH varnished advice has helped countless MCCARTIN part of a great team and will be greatly bills receive a proper hearing on the missed. (Mr. DREIER asked and was given floor. We were very lucky to have her. Muftiah, thank you for the wonder- permission to address the House for 1 Though they may not have known her ful, wonderful, good, solid advice and minute.) name, the American people have been the professional manner with which Mr. DREIER. Mr. Speaker, I would very, very fortunate to have had you have distinguished yourself in this like to say that all of us as Members of Muftiah McCartin working on their be- House of Representatives. I know it is this great institution owe a tremen- half. very difficult to walk away. dous debt of gratitude to our Parlia- Mr. Speaker, on behalf of all of the Mr. Speaker, we owe her a great deal mentarian and his staff of Parliamen- Members and the staff Muftiah so ably for what she has done for those of us tarians who do a phenomenal job for served over these past 30 years, I would who have had the privilege of presiding us. like to offer my sincere thanks and and for her great advice. One of the very best examples of suc- very best wishes for a happy and ful- Good luck and Godspeed. We are very cess from those Parliamentarians who filling retirement to Muftiah. grateful to you. work daily to ensure the orderly oper- Congratulations, Muftiah. Mr. DREIER. Mr. Speaker, reclaim- ation of this great institution is our Mr. LAHOOD. Mr. Speaker, will the ing my time, I would say to my friend friend, Muftiah McCartin. gentleman yield? that so many of us have seen the gen- After nearly three decades in the Of- Mr. DREIER. I yield to my very good tleman from Illinois, in an extraor- fice of the Parliamentarian, Muftiah is friend from Peoria, Illinois. dinarily able manner, preside over this

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After She and her family have made a lot of sac- gentleman is absolutely right, Mr. completing her juris doctorate, Muftiah was the rifices over the years. I hope that now she will Speaker, we do not express enough ap- first woman appointed an Assistant Parliamen- have more time to attend her children’s bas- preciation to our staff. tarian in January of 1991 by Speaker Tom ketball, soccer, and baseball games as well as Muftiah, I will say to you, you saw Foley. other family activities that are so important. what RAY LAHOOD did to ensure that he Aside from her dedication to the office’s Mr. Speaker, on behalf of the Members and was adequately appreciated. He went daily procedural mission, she has provided staff of the Committee on Appropriations, I from serving as a staff member to be- special expertise to the House in the areas of want to wish Muftiah well as she embarks on coming a Member of Congress. I don’t budget process and rule making. Muftiah has this next phase of her life’s journey. I also want to necessarily recommend that to also assisted the office as the long-time editor genuinely thank her for all that she has done you as you head into retirement, but if of the House Rules and Manual, published for the House and for the Committee, and I you do want to follow the LaHood every Congress, as well as two editions of want her to know that she will be missed. model, it is certainly something you House Practice. f might consider. Over the years I have served in this House GENERAL LEAVE Let me say again, congratulations to as both a Member and now Speaker, I have Mr. DREIER. Mr. Speaker, I ask Muftiah for her phenomenal service. I come to have a greater appreciation for the unanimous consent that all Members know on behalf of Speaker HASTERT, role of the office of the Parliamentarian and may have 5 legislative days within the House leadership, and all the Mem- those giving me advice. On behalf of all those which to revise and extend their re- bers of this institution on both sides of who have looked to you for help while pre- marks on the 1-minute speech I just of- the aisle, we are very, very honored to siding in the Speaker’s chair, thank you for fered. have had you serve here so ably. being such a trusted and educated colleague. The SPEAKER pro tempore. Is there Ms. PELOSI. Mr. Speaker, I rise today to I wish you the best of luck in your future en- objection to the request of the gen- honor the many years of service of House par- deavors and hope that with the long hours of tleman from California? liamentarian, Muftiah McCartin, who completes this job behind you, you will be afforded more There was no objection. her excellent work in this body later this week. time to spend with your husband and four chil- Ms. McCartin joined the Parliamentarian’s dren. f office in 1976, and has served during the ten- Mr. LEWIS of California. Mr. Speaker, I rise SAYING FAREWELL TO MUFTIAH ure of six Speakers of the House, and six in tribute to an outstanding member of the MCCARTIN Presidents. House Parliamentarian’s office who is retiring (Mr. DEFAZIO asked and was given In 1991, she became the first woman to be today after nearly 30 years of service. Muftiah permission to address the House for 1 appointed a Parliamentarian. As someone who McCartin will be retiring from her position as minute.) understands the importance of breaking glass Associate Parliamentarian. She will truly be Mr. DEFAZIO. Mr. Speaker, I rise ceilings, I am particularly honored to acknowl- missed. today to honor the many years of serv- edge her outstanding work. Muftiah has been a part of this institution ice of House Parliamentarian Muftiah Muftiah has always had a wonderful smile longer than most Members. She began her McCartin, who completes her excellent and a warm demeanor on the House floor. As career with the Parliamentarian’s office in work in this body later this week. Ms. we know, it can get pretty heated in debate 1976, 3 years before I came to the House. McCartin joined the Parliamentarian’s and very partisan. She started as a Clerk and worked her way up Office in 1976, and has served during But Muftiah has always been a calm and ra- to one of the senior positions in the office. As the tenure of six Speakers and six tionale presence to Members of both sides of a Clerk, she continued her education and Presidents. In 1991, she became the the aisle and their staff who seek parliamen- eventually earned her law degree. She be- first woman to be appointed a Parlia- tary advice. She has brought a keen mind, came the first woman to be appointed a Par- mentarian. and a clear understanding of House rules that liamentarian in 1991. Her story is truly one of The minority leader, Ms. PELOSI, is has served this institution very well. personal and professional excellence, initia- someone who understands the impor- In addition to the long, grueling hours that tive, and dedication to her responsibilities. tance of breaking glass ceilings. She she has spent on the House floor, Muftiah Mr. Speaker, the Committee on Appropria- had hoped to be here personally to con- McCartin has managed to raise four wonderful tions is particularly sad to see Muftiah leave. gratulate Muftiah on her outstanding children: Marissa, Elaine, Sandra, and Luke. Her knowledge of parliamentary rules and work and her dedication over the many I’m sure she will welcome spending the extra precedents as they pertain to appropriations years. time with her family and her husband, Terry. bills is unsurpassed, as is her knowledge of She goes on to say Muftiah always Muftiah, today we thank you for your service the budget process. The Committee has al- had such a wonderful smile and warm to this great institution and wish you the very ways had tremendous confidence in her skills demeanor on the House floor, which I best. You have been a tremendous asset to and ability to proffer accurate advice. With nu- might comment often lacks smiles and the work that we do every day. And we will merous regular and supplemental appropria- warm demeanors. Well, it is warm; miss you. tions bills coming to the House floor each sometimes heated. As we know, it can Thank you again for your many years of year, the Committee relied on her expertise get heated in debate and very partisan, commitment toward making this House of extensively. The words ‘‘check with Muftiah’’ but she has always been a calm and ra- Representatives a better place. were heard over and over again in the Com- tional presence to Members on both Mr. HASTERT. Mr. Speaker, I rise today to mittee’s offices. sides of the aisle and their staff who honor House Associate Parliamentarian The Committee’s high admiration of seek parliamentary advice. She Muftiah McCartin. Today marks the final day in Muftiah’s professional skills is matched by the brought a keen mind and a clear under- the long and distinguished career of Muftiah, Committee’s appreciation of the calm and standing of House rules that have who has served this House with great distinc- composed manner in which she performed her served this institution very well. tion for nearly 30 years in the Office of the duties. She is always approachable and willing In addition to the long, grueling Parliamentarian. to take time to work on any matter, even when hours she has spent on the House floor, During her nearly three decades of service, the other demands on her time are huge. She she has managed to raise four wonder- Muftiah served under six Speakers and three always approaches her work with a smile and ful children: Marissa, Elaine, Sandra, different Parliamentarians of the House. Char- keeps her sense of humor. In addition to the and Luke, one of whom has the great, lie Johnson, the former Parliamentarian, would professional relationships she developed with good sense to have moved to my con- often describe Muftiah as a ‘‘Renaissance the staff of the Committee, many highly valued gressional district. That is my district,

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not Ms. PELOSI’s. I am sure she will vote green when I vote red and vice geant Slay told his family and friends welcome spending the extra time with versa, we always agree that this is the that he did not think he would make it her family and her husband, Terry. place where we can come and have back. A year ago today, Russell Slay’s Muftiah, today we thank you for good, open debate thanks to people like perceptive premonition became a re- your service to this great institution Muftiah and the Parliamentarians. ality. He was the 100th Texas member and wish you the very best. You have Mr. DEFAZIO. Mr. Speaker, reclaim- of the Armed Forces to be killed in been a tremendous asset to the work ing my time, that is correct. I only re- Iraq. And, by the way, Mr. Speaker, we do every day, and we will miss you. gret that she trained him too well. one out of every 10 Americans wearing Thank you again for your many years f the uniform today is from the State of commitment toward making the Texas. Russell Slay was 28 years old. SPECIAL ORDERS House of Representatives a better He died in combat with seven others in place. The SPEAKER pro tempore (Mr. Fallujah when his armored vehicle was Mr. KINGSTON. Mr. Speaker, will FORTENBERRY). Under the Speaker’s attacked by terrorists. the gentleman yield? announced policy of January 4, 2005, His funeral was a moving memorial Mr. DEFAZIO. I yield to the gen- and under a previous order of the to him as a devoted father, son, and tleman from Georgia. House, the following Members will be friend. More than 450 people paid their Mr. KINGSTON. Mr. Speaker, I find recognized for 5 minutes each. respects to a man that was remem- it a great irony and some goodness f bered for his engaging spirit and his that I can get some time from my HONORING THE 100TH TEXAN: MA- love of life. Family and friends ex- friend. RINE STAFF SERGEANT RUS- pressed that Slay was nothing short of I was sitting in my office and I did SELL SLAY spectacular. His sense of humor was not know, frankly, that Muftiah was contagious. He was a loving, loyal, and old enough to retire, take on another Mr. POE. Mr. Speaker, I ask unani- dedicated father. job, or leave the nest here, or whatever mous consent to claim the time of the He left behind a 9-year-old daughter, she is doing, but as somebody who has gentleman from Indiana. Kinlee, and a 5-year-old son, Walker. personally benefited from her expertise The SPEAKER pro tempore. Is there At the funeral, Marine Captain Mike and wisdom, as I have had the honor to objection to the request of the gen- Evans read letters that Slay had pre- sit in the Chair, I can say we could not tleman from Texas? pared for his children in anticipation of have laymen go up there and hold the There was no objection. his death. He told his daughter, Kinlee: gavel without somebody like Muftiah The SPEAKER pro tempore. Under a ‘‘I love you and never knew what life at our right arm telling us sometimes previous order of the House, the gen- was before you were born. You will al- what to say and what not to say. I am tleman from Texas (Mr. POE) is recog- ways be Daddy’s little girl.’’ He encour- sure she never would sit down when I nized for 5 minutes. aged her to have the best life possible had the gavel because she was nervous Mr. POE. Mr. Speaker, it has been and to be sure that she went to college. something would go awry. said that ‘‘never in the history of the He said: ‘‘Daddy will always be with The other thing that is important, world has any soldier sacrificed more you and watching out for you. Hugs when school kids and visitors come to for the freedom and liberty of total and kisses. I’ll miss you.’’ the House Chamber, I often point to strangers than the American soldier,’’ He also wrote to his son, Walker, and the picture of George Washington and said by Zell Miller about the American told him that watching him grow up the fact that you can still see the fighting men. was ‘‘like reliving his own youth. He sword painted out of his hand. I explain I rise today to honor a young Amer- said: ‘‘You’re the best little man there to school kids the reason the sword was ican marine from my southeast Texas ever was. Be a studious son and stay in painted out of his hand in his portrait district, Marine Staff Sergeant Russell school. Always be a man. If you make in the House Chamber is that we philo- Slay, who valiantly served the Nation mistakes, stand up and say so.’’ Russell sophically believe that our debate here, in Iraq and who died doing so. He was Slay encouraged his son to have chil- our spirited debate, sometimes our ac- a member of the 2nd Assault Amphib- dren of his own so he too could feel the rimonious debate, sometimes our bitter ian Battalion of the 2nd Marine Divi- joy and happiness that had been debate, is still better than the alter- sion at Camp Lejeune, North Carolina. brought to him. native, and that alternative is civil war Russell Slay grew up in my home- He insisted in his letter that his fam- or civil disruption, as we see around town of Humble, Texas. As a student at ily know how much he loved them, and the world. Humble High School, he played foot- he wrote: ‘‘I promise you my family ball and was in the band. After he grad- was my last thought. Don’t mourn for b 1845 uated from Humble High School, he me, but celebrate my life.’’ I believe that all of our Parliamen- started working, but quickly realized Nine-year-old daughter Kinlee spoke tarians aid that in that sometimes we that he needed something more in his at her father’s funeral, and through get out of line, Democrats or Repub- life. His high school friend Jason Tuck- tears she talked about playing cars licans, in the spirit of the moment, in er had joined the Marine Corps, and he with her dad and brother and shopping the emotion of the moment, and we say had made the decision to join him and at Wal-Mart. She spoke fondly about something that we regret saying; and fight for his country. His father, Roy, a the weekend family ritual of washing it is at that time when all eyes turn to retired Houston police officer and a the car. a nonpartisan, objective third party long-time friend of mine, said of his Charlie Flannigan, who officiated the who can say everybody sit down, a lit- son, ‘‘Russell wanted to be somewhere funeral service, told of Slay’s skills in tle calmness here, let us get through that would teach and inspire him.’’ the band that he and his buddies had this maze of parliamentary mystery During his 10-year military career, he created in Iraq. They called it the and then get back on the course of civil was trained to drive armored vehicles Texas Trio. He said Russell was not the discussion. that carried combat troops from ships best athlete, but he sure knew how to I want to say, Muftiah, thank you for to beachheads during amphibious at- play a guitar. being part of that team and thank you tacks. During his first tour of Iraq in Staff Sergeant Russell Slay in 28 for everything that you are doing. 2002, Slay took part in overtaking short years had already exhibited a Your job is a profound one, and it is Baghdad. He had been in charge of a lifetime of bravery and boldness. Mr. one that should be studied in every section of four armored all-terrain ve- Speaker, Thomas Jefferson once said: civics class in every school at every hicles. He left for his second mission on ‘‘From time to time the tree of liberty level of education in America. September 11, 2004. must be watered with the blood of ty- And I want to say to my friend from Upon receiving his orders to report rants and patriots.’’ Russell Slay was a the west coast who does not always for a second tour in Iraq, Staff Ser- true American patriot. Russell Slay

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00163 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25646 CONGRESSIONAL RECORD—HOUSE November 9, 2005 died for Americans. He died for Iraqis. poral Norman W. Anderson III, Spe- There was no objection. He died for freedom. cialist Daniel D. Bartels, Staff Ser- The SPEAKER pro tempore. Under a Staff Sergeant Russell Slay, we will geant Tommy Ike Folks, Jr., Specialist previous order of the House, the gen- never forget the price you paid for Kendall K. Frederick, Sergeant Arthur tleman from North Carolina (Mr. America, and we thank you for devot- A. Mora, Jr., Specialist Russell H. JONES) is recognized for 5 minutes. ing your life to your country. You are Nahvi, Specialist Jose E. Rosario, Ser- Mr. JONES of North Carolina. Mr. a true American hero. You make us geant Jacob D. Dones, Staff Sergeant Speaker, I came to the floor last week proud. Dennis P. Merck, Staff Sergeant Rich- and read part of an article that ap- So Semper Fi, Staff Sergeant Slay, ard T. Pummill, Lance Corporal An- peared on October 23 in the article by Semper Fi. drew D. Russoli, Lance Corporal Steven Knight Ridder reporters about the Pen- f W. Szwydek, Lance Corporal Kenneth tagon program costing taxpayers mil- J. Butler, Corporal Benny Gray lions in inflated prices. I came to the HONORING THE AMERICAN FALL- Cockerham III, Corporal Seamus M. floor and I reported that there was EN IN IRAQ AND AFGHANISTAN Davey, Captain Tyler B. Swisher, Petty some reports that we were paying any- The SPEAKER pro tempore. Under a Officer 3rd Class Christopher W. where from $20 for a plastic ice tray previous order of the House, the gen- Thompson, Staff Sergeant George T. that should cost about 89 cents. In ad- tleman from Illinois (Mr. EMANUEL) is Alexander, Jr., Lance Corporal Jona- dition to that, we were paying $81 for recognized for 5 minutes. than R. Spears, Corporal Benjamin D. coffee makers that you can buy at a re- Mr. EMANUEL. Mr. Speaker, Vet- Hoeffner, Specialist Christopher T. tail store for $29. In addition, I said erans Day marks the 87th anniversary Monroe, Sergeant Michael T. Robert- that we were paying for a 5-cubic-foot of the armistice ending World War I. son, Sergeant 1st Class Ramon A. refrigerator $27,000 that should cost On this date we honor the soldiers, Acevedoaponte, Staff Sergeant Lewis about $3,000 or $4,000, and these are the sailors, marines, and aviators who have J. Gentry, Sergeant Evan S. Parker, kinds of refrigerators that are put on protected the United States in times of Master Sergeant Thomas A. Wallsmith, aircraft. war. Sergeant James Witkowski, Lance Cor- I wanted to report to the House to- Today, we are again a Nation at war; poral Robert F. Eckfield, Jr., Lance night that I am extremely pleased. I 2,058 American military personnel have Corporal Jared J. Kremm, Staff Ser- wrote a letter to the chairman and now given their lives fighting in Iraq; geant Daniel R. Lightner, Jr., Captain ranking member, Chairman DUNCAN 247 Americans have fallen in Afghani- Michael J. Mackinnon, Colonel William HUNTER and Ranking Member IKE stan. W. Wood, 1st Lieutenant Debra A. SKELTON, and today we held hearings This Veterans Day we must honor Banaszak, Private 1st Class Dillon M. on this issue of inflated prices. I want those who have served, those who have Jutras, Sergeant Shaker T. Guy, Cap- to say that the hearing was attended been wounded, and those who have fall- tain Raymond D. Hill II, Staff Sergeant by a fair number of those on the Armed en. Travis W. Nixon, Private 1st Class Services Committee. For this reason, I have introduced a Kenny D. Rojas, Staff Sergeant Joel P. The witnesses, the Admiral and the resolution, with 73 cosponsors, hon- Dameron, Sergeant Michael Paul Under Secretary that were there oring each of the fallen from Iraq and Hodshire, Specialist William J. Byler, present, we were able to ask about Afghanistan by name. Specialist Derence W. Jack, Private these inflated prices. They explained I have also led a bipartisan group of Adam R. ‘‘A.J.’’ Johnson, Sergeant 1st this program that is called the Prime 21 Members of Congress in reading the Class Matthew R. Kading, Staff Ser- Vendor program. We talked about how names of the fallen into the CONGRES- geant Wilgene T. Lieto. it used to be when there were competi- SIONAL RECORD. Tonight, we continue Mr. Speaker, Veterans Day is Friday. tive prices, and now we have gone to this tribute with the names of the most Let us remember each of these fallen where there is a middleman that works recently fallen, completing all 2,300. heroes and all who came before them. with the prime vendors. God bless each of the brave Ameri- In the words of President Franklin From that, Mr. Speaker, the reason I cans, men and women, whose memory Delano Roosevelt: ‘‘Each of these he- wanted to come to the floor tonight is we honor tonight; and their families roes stands in the unbroken line of pa- because I was so encouraged by the re- are in our prayers. triots who have dared to die that free- sponse of the chairman and the rank- Sergeant Eric A. Fifer, Private 1st dom might live and grow and increase ing member that next week we are Class Nicholas J. Greer, Lance Cor- in its blessings.’’ going to bring the prime vendors to the poral Sergio H. Escobar, Staff Sergeant Let us also remember the brave men committee to talk about these inflated Gary R. Harper Jr., Staff Sergeant and women who continue to serve our prices. Jerry L. Bonifacio Jr., Specialist Jer- Nation with distinction in Iraq, Af- Mr. Speaker, as I said today on the emy M. Hodge, Lieutenant Colonel ghanistan, and throughout the world. Armed Services Committee, there is Leon G. James II, Sergeant Leon M. Our thoughts and prayers and grati- one thing that the American people, Johnson, Sergeant 1st Class Brandon K. tude are with you and your families at maybe they do not follow us when we Sneed, Staff Sergeant Matthew A. this time until you return home safely talk about deficits and debt and some Kimmell, Sergeant Donald D. Furman, to your fellow man and woman, citi- of these other issues that are very im- Specialist James T. Grijalva, Master zens of this country. portant to the future of this Nation; Sergeant Kenneth E. Hunt, Jr., Ser- This Friday we will remember the but there is one thing they know, that geant Lorenzo Ponce Ruiz, Petty Offi- 2,058 military personnel who have fall- if you are paying $20 for a plastic ice cer 1st Class Howard E. Babcock IV, en in Iraq and the 247 Americans who cube tray that you can buy for 89 cents, Specialist Robert W. Tucker, Specialist have fallen in Afghanistan. they know that is not right. I also said Samuel M. Boswell, Specialist Bernard to those on the panel today that when L. Ceo, Sergeant Brian R. Conner, Ser- f you are paying $24,000 or $25,000 for a 5- geant Mark P. Adams, Specialist b 1900 cubic-foot refrigerator, the taxpayers Thomas H. Byrd, Specialist Jeffrey W. know that is not a wise investment as Corban, Specialist Richard Allen HEARINGS TO ADDRESS WASTE, well. Hardy, Staff Sergeant Vincent E. Sum- FRAUD, AND ABUSE So tonight I want to give credit to mers, Specialist Timothy D. Watkins, Mr. JONES of North Carolina. Mr. the chairman and the ranking member Lance Corporal Daniel Scott R. Bubb, Speaker, I ask unanimous consent that of the Armed Services Committee. It Lance Corporal Chad R. Hildebrandt, I might speak at this time. was a very informative hearing today Chief Warrant Officer Paul J. Pillen, The SPEAKER pro tempore. Is there that will lead to additional hearings Lance Corporal Christopher M. Poston, objection to the request of the gen- next week. And what I am hoping will Specialist Lucas A. Frantz, Lance Cor- tleman from North Carolina? come from this is that the taxpayers

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We are objection to the request of the gen- going to get to the bottom of this and That is because just about every single American will suffer from the billions tleman from Georgia? we are going to be able to say to the There was no objection. taxpayers and to the reporters for of dollars in budget cuts to important The SPEAKER pro tempore. Under a Knight Ridder that wrote this article domestic programs since the U.S. in- previous order of the House, the gen- that we are going to see that wrongs vaded Iraq. These budget cuts are di- tleman from Georgia (Mr. GINGREY) is are made right and we are going to do rectly related to not only the tax cuts recognized for 5 minutes. exactly what is in the best interests of for the wealthiest among us, but also Mr. GINGREY. Mr. Speaker, I rise the taxpayers. to the ludicrous spending for the mili- today to encourage all Americans to Mr. Speaker, before I close, I know tary misadventures around the world take the time to prepare an advance di- that my friend from Texas and my of the civilian leadership, with the rective. November is National Hospice friend from Illinois talked about those White House, the Pentagon, and this and Palliative Care Month, and this who serve in this Nation and who have Congress making decisions that cost month should serve as a reminder for given their lives. As I close this way all our country billions, in fact, $1 billion individuals to take the time to discuss over my district, I will close this way a week, actually. Anyone who thinks with their loved ones important end-of- tonight. that the more than $200 billion that life and medical decisions. I ask God to please bless our men and Congress has allocated for the Iraq war As people discuss their end-of-life women in uniform, to please bless their so far has not affected important do- health care wishes, there are two legal families. I ask God to please hold in his mestic programs is just kidding him- documents that can help. The first is a loving arms the families who have self or herself. living will. Living wills are probably given a child, dying for freedom. the most recognizable and familiar f In the last example and the very lat- document to aid individuals in commu- est example, tomorrow, the House will nicating their wishes. IRAQ AND THE 250TH MILITARY vote on a reconciliation bill that would However, Mr. Speaker, today I would INTELLIGENCE BATTALION give tax breaks to the wealthy of $70 like to draw the attention of the Amer- The SPEAKER pro tempore. Under a billion to $100 billion in tax breaks, ican public to a different type of ad- previous order of the House, the gentle- while slashing safety net programs for vance directive, a medical power of at- woman from California (Ms. WOOLSEY) the poor, programs like Medicaid, stu- torney. A medical power of attorney, is recognized for 5 minutes. dent loans, child support enforcement, or health care proxy, allows you to ap- Ms. WOOLSEY. Mr. Speaker, usually, and veterans’ health care. This is just point a person whom you trust to serve when I speak on the House floor each wrong. as your health care agent. evening, I voice my concern about Each State government has a med- some of the Bush administration’s woe- If he wants to get things right, Presi- ical power of attorney form that a cit- ful policies in Iraq. Trust me, there is dent Bush and his administration izen can fill out and have witnessed. no shortage of material to speak about. would actually send a clear message This then authorizes the appointed But tonight I want to boast a little that it has let the American people agent to make health care decisions on bit. I want to share how very proud I down, and now it is time to start anew. an individual’s behalf. Mr. Speaker, am to represent the 250th Military In- First and foremost, that means leaving people should not be scared away by telligence Battalion, an Army unit Iraq. these forms; they are written in plain that returned home from Iraq today. After all, the President’s notion that English, and they are very easy to fill They returned home to Marin County, we are fighting the terrorists in Iraq so out. just north of the Golden Gate Bridge in I have brought with me an example we will not have to fight them here at California’s Sixth Congressional Dis- from my home State of Georgia in home is pure nonsense. If that were trict. order to illustrate how easy this proc- true, how could the President explain I had the great pleasure to meet and ess can be for the American public. The the London subway bombings earlier enjoy dinner with the members of the form is simple and straightforward, 250th battalion this past September this year? How could he explain the and is only 6 pages long. I have high- during my visit to Iraq. Their vigilance terrible bombs that went off at three lighted two sections for us to look at and dedication to the welfare of the hotels in Jordan earlier today, already today. United States is admirable. Everything killing over 50 people and wounding First is the portion where you iden- they do, they do to serve their country. more than 100? tify yourself and then name your power And I could not be more proud to rep- Mr. Speaker, our troops and the of attorney, and I call my colleagues’ resent them as their voice in Congress. American people have endured enough attention to the first poster. It may be They are truly American heroes. sacrifice. We need to end this war and a little bit difficult to read from the Unfortunately, the members of the bring our fine soldiers home. We need back of the Chamber but basically, 250th Military Intelligence Battalion to give Iraq back to the Iraqi people Georgia’s statuary short form durable and other military units that have through a range of economic, political, power of attorney for health care. And served or are currently serving in Iraq and humanitarian partnerships. the instructions, again, pretty simple. have not always gotten the treatment Print the date, print your name and they deserve from their government. The American people deserve better address, print the name and address of Far too often, the Bush administration than a war that has destroyed the so- your agent. It is that simple. This au- has failed to live up to its promise to cial safety net here at home, and the thorizes the individual to act for you the troops, whether it is denying them extraordinary men and women whom I and, as my colleagues can see, in Geor- full veterans’ benefits, sending them on met in Iraq certainly deserve better. In gia, you have the opportunity to initial second, third, and now fourth deploy- return for their unfailing loyalty, they the statement also. This is the second ments to Iraq and/or to Afghanistan, or deserve basic competence and integrity poster, Mr. Speaker, to check the box failing to provide them with the life- from their Federal Government. They really that best reflects your wishes, saving body armor or equipment that deserve leaders as courageous as they and there are three. It is just a simple, they need. One thing is clear: This ad- are. initial process.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00165 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25648 CONGRESSIONAL RECORD—HOUSE November 9, 2005 The first one is, I do not want my life jority side of the aisle. There should But that is not even the end of the to be prolonged, nor do I want life-sus- be. story. They are going to follow these taining or death-delaying treatment, et Last year, the fiscal year was a mean cuts and the phony baloney with cetera. record deficit, nearly $600 billion. Not $70 billion in real cuts to the richest The second check box: I want my life only did the United States of America among us, predominantly weighted to- to be prolonged, and I want life-sus- borrow over $400 billion from investors, ward those who earn over $300,000 a taining or death-delaying treatment to and a great deal from China and other year, particularly toward those who be provided, under certain cir- foreign interests, they also borrowed earn over a $1.2 million a year. They cumstances. the entire Social Security trust fund are averaging $120,000 a year in tax And then the last box, and again, a surplus for the year, about $180 billion, cuts now. Under their proposal, it will simple check: I want my life to be pro- money that was intended to pay for fu- be even more generous, and that is be- longed to the greatest extent possible ture benefits for Social Security retir- cause those wealthy people, also their without regard to my condition, the ees to ensure that those benefits would contributors, are going to trickle down chances I have for recovery, or the cost be there to pay for the looming retire- on the rest of us and bring new pros- of the procedure. It is as simple as ment of the baby boomers. perity to America and wipe out the that. Mr. Speaker, $180 billion extracted deficits with that new prosperity. In addition to State government and only from people who earn salary and After all, when we wax their yachts, public health departments, many orga- wages and earn less than $90,000 a year when we cut their lawns, when we do nizations and hospitals around the was borrowed and spent. Some of it was other things that they will employ us country have advance directives avail- spent to give tax refunds to profitable to do when they are not spending the able for patients and loved ones who corporations, some of it was spent to money overseas or on luxury items pro- may find themselves facing these tough give huge new tax breaks to people who duced overseas that will bring jobs to decisions. earn over $300,000, and some of it was America. As they say famously on that Mr. Speaker, executing living wills spent on other Federal Government side, they never saw a poor person give and powers of attorney are so impor- purposes. anybody a job. No, those poor people tant, I plan to introduce legislation Now, they are projecting that the are doing the work and paying taxes, next week that encourages all Ameri- first quarter next year, we will borrow unlike the rich people who they are fa- cans at all stages of life to prepare more money in one quarter than any voring and showering money upon, and these advance directives. My legisla- quarter in the history of the United they are borrowing money and taking tion will offer a one-time, refundable States of America. So they maybe money from programs that are impor- tax credit to those individuals who pre- should get some new-found fiscal re- tant to middle-income and poor people pare an advance directive. sponsibility on that side of the aisle. to give to the rich people. Trickle down economics. And in the The refundability of this tax credit is They have raised the Federal debt by 62 end, guess what? They are actually essential in incentivizing lower-income percent in 5 short years. George Bush going to increase the debt of the Americans, who often are unaware or has more than doubled the Federal United States and the deficit because unable to adequately prepare for end- debt in 5 short years. they are going to cut taxes for rich of-life medical decisions, to prepare ad- Now, DICK CHENEY, the Vice Presi- people by $70 billion. They are going to vance directives to ensure that their dent, of course says deficits do not assume some phony baloney and make wishes are honored and valuable health matter, but I think they do, and I mean cuts against middle-income and care resources are used where they are think the American people know they working families for $54 billion. They needed and wanted. do. They know they cannot spend more are going to increase the deficit by $16 Mr. Speaker, it has been shown that money than they know they have in in- billion although they claim that is not medical care at the end of life con- come every month forever. They know true because the rich people are going sumes almost 15 percent of our coun- they cannot continuously borrow to trickle on us and that will create try’s health care budget and nearly 30 money on their credit cards or from more revenue than the $16 billion of percent of the Medicare budget. In ad- the bank. new deficit that is created. dition, according to an article in the b 1915 You might think it is April Fools, Journal of the American Medical Asso- Likewise, the United States of Amer- but it is not. It is just another move by ciation, it has been estimated that hos- the arrogant majority, thinking that pice care and advance directives can ica. Now, what are they doing about it. Well, they are bringing up with great America is not watching. Well, I think save between 25 and 40 percent of America is beginning to pay attention; health care costs just during the last fanfare a bill tomorrow called the rec- onciliation bill, $53.9 billion of sup- and I urge my colleagues to oppose this month of life. mean-spirited, short-sighted legisla- Mr. Speaker, the Federal Govern- posed new income or cuts and pro- grams. There are some real cuts. There tion. Assume real fiscal responsibility, ment needs to provide an incentive to reimpose tax fairness for this country, the American people to have these con- are real cuts that will hit hard at mid- dle-income and struggling families. and let us give a fair deal to the Amer- versations and to take these important ican people. actions. It is not only in the best inter- The biggest cuts are to the student ests of patients and families, but also loan programs, $14.3 billion, adding f our country’s health care system and about 6,000 bucks to the average kid’s ACCOUNTABILITY OF CONGRESS the American taxpayer. public school 4-year cost with new in- Mr. BURGESS. Mr. Speaker, I ask Mr. Speaker, I would like to encour- terest charges and up-front charges. unanimous consent to go out of order age my colleagues on both sides of the Cuts in foster care, cuts in long-term and address the House for 5 minutes. aisle to join me in cosponsoring this care. This is the family values side of The SPEAKER pro tempore (Mr. important piece of legislation. the aisle over here, they like to claim, FITZPATRICK of Pennsylvania). Is there f remember. And many other vital Fed- objection to the request of the gen- eral programs. FISCAL RESPONSIBILITY tleman from Texas? And then they are assuming some There was no objection. The SPEAKER pro tempore. Under a phony revenues, 50 times as much per The SPEAKER pro tempore. Under a previous order of the House, the gen- acre to lease out the Alaska National previous order of the House, the gen- tleman from Oregon (Mr. DEFAZIO) is Wildlife Refuge with unknown reserves, tleman from Texas (Mr. BURGESS) is recognized for 5 minutes. as we just got a few months ago for the recognized for 5 mintes. Mr. DEFAZIO. Mr. Speaker, there naval petroleum reserve with known Mr. BURGESS. Mr. Speaker, indeed, seems to be a new-found sense of fiscal reserve closer to the pipeline. So phony tomorrow this House will hear the de- responsibility on the Republican ma- baloney and mean cuts. bate on the budget resolution, and I

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00166 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25649 think the country needs to hear the de- those seven principles. We left out WHO NEEDS THE FIRST bate. I think the country needs to see some judicial reforms that I would AMENDMENT? that all of us in Congress, on both sides have liked to have seen in the bill, but Mr. MCDERMOTT. Mr. Speaker, I ask of aisle, are accountable. They need to maybe that is for another day. But unanimous consent to address the see that we are results driven. We are those other reforms were crafted in leg- House for 5 minutes out of order. results oriented, and they need to see islation and then we spent 3 days, 3 The SPEAKER pro tempore. Is there some success from this body. days on the Committee of Energy and objection to the request of the gen- Now, our commitment, my commit- Commerce talking about that. tleman from Washington? ment is to the hard-working Americans There was no objection. Mr. Speaker, at the end of the day, I who pay taxes in this country. I think The SPEAKER pro tempore. Under a we have an obligation to the taxpayers think we have crafted a legislation previous order of the House, the gen- of this country to redesign government that is going to save Medicaid for the tleman from Washington (Mr. when necessary, to reform programs if poor, the truly infirm, the people that MCDERMOTT) is recognized for 5 min- they are not working well, and always really need it in this country. The de- utes. ensure that those Federal programs, fault position was to see more and Mr. MCDERMOTT. Mr. Speaker, who those Federal agencies are working at more people turned off the Medicaid needs the first amendment when we peak performance. roles by the States as they could know have the Republican Party? Their view Mr. Speaker, it would not be saying longer afford to keep up with the ex- is that the American people just do not too much to say we need to rebuild penditures in Medicaid. So we are need to know what their government is some confidence in America. If we can going to provide more services. And doing in their name. We just do not cut some red tape then I think we maybe we are going to deliver a little need to know that this country now should. Where local solutions will greater value. And, Mr. Speaker, if has secret CIA-un prisons around the work, we need to empower local au- that means that a few dollars are saved world where prisoners are sent or sen- thorities to envision and utilize those in the process, well, I am all for that. tenced because they get no representa- solutions. The Secretary of Health and tion. After all, DICK CHENEY, our Presi- Human Services was addressing our But consider the numbers involved dent of foreign policy, supports us committee yesterday and talked about here. Medicaid, with no reform, is looking and acting like Cold War coun- preparation for pandemic flu and he going to grow at a rate of 7.3 percent tries we used to fear. We do not have was challenged and someone said, Mr. over the next 5 years. With the reforms any skills in building facilities to be Secretary, you need to have a plan. Do we put in place, Medicaid is going to ashamed of, so we rent those old Cold not let the local people have to come grow at a rate of 7 percent over the War prison camps in places where peo- up with a plan. And the Secretary does next 5 years. We are talking about a ple went in and were never heard from have a plan. But he said, local activi- miniscule amount of savings by adding again. ties are going to be important as well. some value to the program as it exists Republican leaders just do not think You do not need the Secretary of HHS today. As a consequence, more patients this is the kind of information the telling every school district across the will be served by this program. American people need to know. After country when they can and cannot Now, Mr. Speaker, I know, because I all, we might talk about it. Someone open their doors. might write about it. Someone might sat in that markup for 3 days, I know I could not agree with him more. Mr. question why we want to behave like right now it is popular to vilify the Speaker, we need to modernize some of the Cold War all over again. But this productive segment of American soci- our Federal programs, where we are time, we are on the other side. The using tin-can telephones when the rest ety. I have heard it done from every American people would not know any of the world is using satellite commu- angle. There is angst, genuine angst of this except for The Washington Post nications, and it is not right. We need over reinvesting in the productive seg- reporting about prisoners and policies to reform government. We need to set ment of American society. We hear it that sound more like the enemy than priorities. And sometimes that means all the time, why $55 billion was given the good guys. making some tough choices. Certainly, to people who really do not need it. b 1930 Mr. Speaker, we need to learn from the But, Mr. Speaker, those are the tax- past, learn from the past, whether it be This did not sit well with DICK CHE- payers. Those are the people who cre- the Spanish flu outbreak of 1918, learn NEY and he let Republican leaders on ate the jobs. I know, because I was one from the past of previous wars this Capitol Hill know it, behind closed country has fought; but along those three short years ago. That 38 percent doors of course, his favorite location. same lines, we need to utilize that in- tax rate I paid on my business allowed Almost immediately Republican lead- formation from the past to plan for our me to employ 50 people in my town of ers fell in behind the President of For- future. Lewisville, Texas. It allowed me to pur- eign Policy and carried out their or- Now, Mr. Speaker, a few weeks ago, 2 chase equipment for my practice. But ders. Find the person who dared let weeks ago, my committee, the Com- what do we hear out of the other side? America know what is really going on mittee on Energy and Commerce, spent They want that $55 billion back, but behind those closed doors. 3 days, 3 days on a markup to produce that $55 billion that we reinvested pro- Republican leaders intend to find out a plan, a plan that reforms government duced $262 billion for the American who let the American people know and leads to greater value for dollars Treasury this year in additional tax about the dirty little secret that the spent, particularly in the Medicaid pro- revenue. So they would have to double administration did not want us to gram. We held hearings through the the tax and double it again to even ap- know. It is detention at a whole new spring and the summer leading up to proach the amount of money. level where suspects simply vanish, and this legislation. We heard testimony they did not want us to know. And we Well, this is the default position on from Members; leaders of the National would not have known except for jour- Governors Association, a body of 35 bi- the other side. This fall is not the time nalism’s ability to report all the news partisan Governors in this country, for Democrats to roll out positive thanks to the first amendment. who came to us with a set of principles agenda, said a House Democrat aide. Why do they want to keep us in the and said we had a lot of ideas that we That is a shame. We need their ideas. dark? Because Americans would be ap- put out on the table, but here are seven We need their enthusiasm. We need palled, because American know that we things that everyone of us, 35 out of 35 their energy. I look forward to this de- can fight and win a war without sacri- agreed upon. bate tomorrow. I think at the end of ficing the principles that made us And, Mr. Speaker, we crafted legisla- the day we are going to have a good America in the first place. America tion that incorporated at least six of product for the American people. does not need a mask over its face to

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00167 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25650 CONGRESSIONAL RECORD—HOUSE November 9, 2005 beat the people wearing masks over Ms. FOXX. Mr. Speaker, I rise today lection in the world today. Each story theirs. And America does not need se- on behalf of the majority that is com- is unique, but taken together as a cret prisons hidden in other countries mitted to fiscal responsibility. The whole, the compilation puts a familiar as if that somehow that absolves us Democrats’ needle is stuck in a groove face on the universal realities of war, from responsibility. This kind of per- and it is playing the same song over courage and fear, horror and exhilara- verse policy says a lot about how out of and over: Tax and spend. tion, sorrow and triumph. touch this administration is, especially Republicans have already passed a These collections include oral inter- its President of Foreign Policy, with budget that cut $100 million from the views, written, audio and video record- the values and strengths of America. deficit. Democrats refuse to vote for ings, and authentic diaries, maps, let- Do you think Americans will not be this budget. In fact, over the last 3 ters and photographs. Thanks to the ashamed or that the world will not be years Democrats have tried to bust the dedicated staff at the Library of Con- appalled again by our actions? Did we discretionary budget in the appropria- gress, where it is being housed, and the not learn anything from Abu Ghraib? tions process by over $60 billion in ad- thousands of contributions from our What will it take for this administra- ditional spending. Along with the bil- many veterans across the country, the tion to stop acting in ways that cause lions more in spending, Democrats also Veterans History Project has captured the average American to shake his offered amendments totaling almost the American spirit better than any head and avert his eyes? What will it $400 billion in additional taxes. history book ever could. take for this administration to realize I guess it is hard to learn a new tune The project also provides a way for that every time it deploys another de- when the old one is playing over and local veterans to connect with stu- plorable policy, it puts our soldiers in over again in your head. dents, community groups and each Iraq and everywhere else at greater Republicans have recommended the other. Across the country teachers risk. What kind of arrogance and termination of 98 inefficient and dupli- have used the project as an eye-opening abuse? cative programs which would bring history lesson for their students. Vet- This happened before in another Re- American taxpayers a savings of more erans have been able to meet with publican administration that became than $4.3 billion. Yet the Democrats classes, sharing their experiences with so flushed with power they forgot who continue to obstruct while singing the students and having their stories re- they worked for. They too tried to hide tax-and-spend tune. It is time to corded as part of the project. black ops aimed at subverting political change the record. Two of the biggest supporters of the opponents and anyone who dared chal- The American people have repeatedly Veterans History Project in my con- lenge their power. Nixon and his cro- rallied against more taxes and more gressional district are Bill Bruning, a nies almost got away with it except for spending. It is time we listen to their veteran and Patriotic Officer for Amer- the reporting of the same paper. song. ican Legion Post 52 in LaCrosse, Wis- In the end, the corruption ate away consin, and Karen Schoenfeld. Karen at the pillars of the Republican power f teaches at a charter school in LaCrosse until it all came crashing down around FIFTH ANNIVERSARY OF THE and includes the Veterans History them. A Vice President and a President VETERANS HISTORY PROJECT Project in her class. Inspired by the resigned from office. The country was The SPEAKER pro tempore. Under a veterans she and her class have met as appalled by their conduct. previous order of the House, the gen- The first amendment of the Constitu- part of the project, Karen wrote this tleman from Wisconsin (Mr. KIND) is tion was America’s last defense against beautiful poem that I would like to recognized for 5 minutes. the Nixon administration and it is true share. It is entitled ‘‘I Never Saw Your Mr. KIND. Mr. Speaker, this year again today. It is no wonder Repub- Face Before.’’ marks the 30th anniversary of the end licans want to replace the first amend- ‘‘I never saw your face before, I never of Vietnam War and the 60th anniver- ment with amendment 1–R. That is knew your name. But now our paths sary of the end of Second World War. It where one Republican will tell the have crossed, and I will never be the also marks the fifth anniversary of the American people what you are sup- same. Veterans History Project. posed to know and attack anyone who ‘‘I never saw the flag before. Not Five years ago Congress unanimously dares challenge them. Everything you really, not its soul. I only saw the passed legislation that I authored cre- need to know will come out only from stars, the stripes, a fabric on a pole. ating the Veterans History Project. It the Republicans in power. That is what ‘‘Now as I gaze upon our flag, I can was ushered through Congress with the they want, government behind closed see young faces, all called away from help of Representative Amo Houghton, doors. our proud land to other distant places. We used to recognize the rule of law the gentleman from Maryland (Mr. ‘‘They did what they were called to and the Geneva Convention. Now we HOYER), and Senators CLELAND and do. They put their dreams on hold. are at the point that we do not recog- HAGEL. They knew that others needed them. nize America’s strengths and values. The idea behind the project is simple, They did what they were told. Dare to challenge these Republicans to collect, preserve and share with cur- ‘‘And you, my friend, have taught me and they will out you one way or an- rent and future generations alike the this, the sacrifices made. You helped other. stories and history of American vet- me know what I have earned from the Prisoners are not the only ones van- erans and those who supported them on price that others paid. ishing under the policies and direction the home front. The project spans from ‘‘I’ve been in class, I’ve read the of the Bush administration, so is the World War I to the present, covering books. I’ve seen the movies, too. But truth. And the first amendment is both World Wars, the Korean War, the now I know our freedom’s price, all America’s last line of defense. Vietnam War, the Gulf War and the this I’ve learned from you.’’ Mr. Speaker, we cannot let the Re- current conflicts in Afghanistan and This beautiful poem is a testament to publicans do away with the first Iraq. the power this project has had in edu- amendment. It is our only hope in a de- It acts as both a learning tool and a cating Americans about our bravest mocracy. living memorial to our Nation’s vet- men and women. f erans. Since its inception in 2000, the The Veterans History Project is a sa- Veterans History Project’s success has lute and an ongoing memorial to these DEMOCRATS CONTINUE TO SING far exceeded our expectations. Despite many brave individuals who have sac- THE SAME OLD SONG modest funding, the Veterans History rificed to protect the ideals of this (Ms. FOXX asked and was given per- Project has an ever-increasing collec- great Nation and those who continue mission to address the House for 1 tion with more than 40,000 histories that proud tradition of service today. minute and to revise and extend her re- contributed by America’s veterans, On this Veterans Day, I invite my marks.) making it the largest oral history col- colleagues in Congress, as well as all

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00168 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25651 Americans, to participate in this na- more like taking away the child’s the leader of the free world. What this tionwide effort to honor our veterans. meals, not taking them to the doctor, budget reconciliation will do and what Anyone can contact their Representa- denying them college tuition, and then it says about this country is not what tive’s or Senator’s office for more in- the parents borrowing for a vacation they fought for and laid their lives on formation on the Veterans History and having the child have to pay for it the line for. It dishonors their service Project, or you can contact the Library out of their allowance. and that of the men and women who of Congress through their Web site at Many reports and the Washington are fighting for this Nation even today. loc.gov. Post even in an editorial last month So it is my hope and prayer that my On this Veterans Day may we all pointed out that the Republican post- friends on the other side of the aisle take time to thank the veterans in our Katrina budget plan would add to the will abandon the irresponsible and life, perhaps do an oral history inter- deficit, not reduce it, because the re- heartless budget plan. Now is not the view with them or find some other way quired spending cuts do not come close time to cut programs that are vital to to show them our gratitude. to paying for the at least $70 billion in the victims of Hurricanes Katrina and May God bless our men and women in new tax cuts provided for in the budg- Rita and to our most vulnerable citi- uniform wherever they may be serving et, cuts that mostly benefit the zens who, like those victims, also face our country today. May God bless our wealthiest Americans and that appar- smaller but just as devastating socio- veterans and their families and may ently remain sacrosanct no matter economic hurricanes every day, while God continue to bless these United what other expenses pile up. they have cut taxes for the most fortu- States of America. I think the American public needs to nate and add to the deficit. These are not the actions of a people f know what the Congressional Budget Office said about some of those cuts. who value life as Americans do. These THE RIGHT PRIORITIES FOR That office said last Thursday that the are not the right priorities for our AMERICA House Medicaid cuts would save more country. The SPEAKER pro tempore. Under a than $30 billion over 10 years. However, f previous order of the House, the gentle- that office, the Congressional Budget CUTS AND BLOOD woman from the Virgin Islands (Mrs. Office, also pointed out that these sav- The SPEAKER pro tempore. Under a CHRISTENSEN) is recognized for 5 min- ings will not come from the premiums previous order of the House, the gen- utes. and copays the Republicans say will tleman from Illinois (Mr. DAVIS) is rec- Mrs. CHRISTENSEN. Mr. Speaker, create the savings, but they will come after claiming that they believe in fis- ognized for 5 minutes. because those cuts would keep our Mr. DAVIS of Illinois. Mr. Speaker, cal responsibility and balanced budg- must vulnerable communities and resi- ets, the Republicans in their years of since Hurricane Katrina and Rita and dents out of the health care system. the budget reconciliation talks began, control in Washington have created the Many of those people dropped would practically all that we have heard in deepest budget deficits in American be the hard-working poor. The major- this House about budgets has been cut, history and spiraling national debt. ity of those dropped, like those in Ten- cut, cut, and cut. And of course, Mr. Now, after abandoning fiscal respon- nessee like I visited with last week, Speaker, where I come from back in sibility and borrowing to pay for tax would be African American and other Chicago, if all that you do is cut, cut cuts and to reconstruct Baghdad, Re- minorities. But there will be large and cut, all that you get is blood, publicans say they must cut programs numbers of people with disabilities, blood, and more blood. And, of course, that primarily serve disadvantaged children, people living in our rural the blood will be on the hands of those Americans in order to pay for recon- areas and the poor of every race, eth- structing the Katrina-leveled gulf re- who have the knife. nicity and nationality. Much of the debate in this House dur- gion. No other emergency funding re- So instead of closing the health care ing the past 2 months has been around quired offsets. disparity gap, which causes close to the majority’s proposal to cut manda- They claim that they are going to 100,000 premature, preventable deaths tory programs by $35 to $50 billion over get tough on Federal spending through in this country every year, this body, the next 5 years. Just the idea of some the budget reconciliation process should it pass the Republican budget of these Draconian measures is enough where they propose a cut over $50 bil- package, would by that act be increas- to send chills up and down one’s spine lion. They are getting tough all right, ing those deaths and continuing the because we are talking about programs tough on the weak and needy, because health care inequality which the Rev- that provide basic assistance to vulner- this is where the cutting will be done: erend Dr. Martin Luther King, Jr., able, low-income families and individ- $10 billion in Medicaid cuts to health called the most shocking and inhu- uals. services for poor children and long- mane of all. In essence and in reality, we are talk- term care patients, and increasing the The poor folks, the folks in our rural ing about Robin Hood in reverse; that costs of prescription drugs for those areas, people with disabilities, seniors, is, take from the poor and give to the beneficiaries; $844 million in food people of color, immigrants, and our rich. We are talking about programs stamp cuts, eliminating nutrition and children should not be made to carry that provide help to people with dis- school lunch and breakfast benefits for the burden of the war and pay for the abilities, people who make use of the hundreds of thousands of families and luxuries of the rich. At the same time earned income tax credit, people who children; $14 billion in cuts to student the Republicans are proposing such use Supplemental Security Income pro- aid programs, raising the costs of col- spending cuts, they are preparing to grams, Temporary Assistance to Needy lege for students and their families move forward with $106 billion in addi- Families and individuals who are in- through the increased interest rates tional tax cuts this year that will deed elderly. and loan fees. And it cuts all discre- largely benefit the wealthy. tionary spending programs, such as Will it save money? No. The net re- b 1945 veterans’ health care, by a 2 percent sult of the GOP budget plan is $100 bil- Some of the proposed cuts include across-the-board cut. lion of debt over the next 5 years. $11.9 billion to Medicaid, and I can just I listened to some of my Republican As I said to my American Legion this imagine what this will do to the more friends yesterday who likened the in- past weekend, America is being trans- than 20 hospitals, health centers, pri- creased spending to increasing a child’s formed by the actions of this adminis- vate physician practices in my district. allowance, but the analogy does not tration and this Congress into a coun- Imagine the large number of children work. These cuts are not the same as try I do not recognize, one that has and poor people who will not be able to taking away an allowance which a par- gone far astray from the values and access adequate health care. ent gives a child for candy, ice cream, principles on which it was founded and Student loans, $14.3 billion. Look at movies, books and incidentals. It is on which this United States became the number of students who will not be

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00169 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25652 CONGRESSIONAL RECORD—HOUSE November 9, 2005 able to go to college, to get the edu- tired of seeing their hard-earned pay- trillion-a-year budget. Mr. Speaker, I cation that we all know that they must checks wasted by Big Government, and want everybody at home to hear that: have if they are to compete and survive so the taxpayers say we are going to $53.9 billion, that is billion with a B, in in a highly technical, service-oriented demand some spending reductions. The savings, over several years of a yearly economy. We think of all of those who Republicans agree and the Republicans budget of $2.4 trillion, and that is tril- would not be able to go to law school, propose some spending reductions. lion with a T. medical school, who would not be in a Well, the Democrats just cannot Mr. Speaker, we are not asking a lot. position to provide the services that stand to see those spending reductions. In fact, we should be asking for a whole our country will need. So they start the name-calling, and lot more. The constituents in my sev- Child support, $4.9 billion. Imagine they come down and they say that any enth district of Tennessee want to see what will happen to the large number reduction that we want to make in us reduce Federal spending more. They of children in my district being raised spending, anytime we are going to slow want to see more of these programs by single mothers and how difficult it the growth of spending, well, you know that have outlived their usefulness put will be for them to receive child sup- what, it is draconian, it is mean-spir- on the table, reviewed, put into sunset, port payments. ited, it is cruel, it is heartless, it is deauthorized, scaled down, or taken Foster care, $577 million. My district cold-blooded. We all hear all the de- away. has one of the highest percentages of scriptive adjectives. They start telling But I will tell you, I think that for children in foster care in the Nation. virtually every man, woman, and child many of the Democrats what we are Any reduction in these funds will seri- in America that these reductions will proposing is too much. They cannot ously imperil our ability to provide and do terrible, awful things and that the commit even to that. So tonight we are care for these children. Republicans are just mean, nasty peo- going to talk some about why we need Food stamps, unimaginable. I mean, ple. to reform this government and why we how can you think of cutting food Mr. Speaker, it is like clockwork. It need to make these spending reduc- stamps, with all of the individuals who really is like clockwork, and I think tions. are homeless, hungry, in many in- that I know why many times our col- At this time, I would like to yield to stances hopeless and helpless, individ- leagues across the aisle fight our ef- one of my colleagues who has joined us. uals who are unemployed, laid off from forts when it comes to fiscal responsi- The gentleman from Georgia (Mr. GINGREY) is going to join us and talk their jobs and having difficulties with bility, when it comes to reining in the for a few minutes about Medicaid. We acquiring the basic necessities to sus- size of the Federal Government, when are hearing so much about Medicaid. tain life. it comes to reducing spending, when it We have heard the left say that we are Mr. Speaker, I am strongly in favor comes to getting government off your slashing it, that we are cutting it; and of our government operating on sound back and out of your pocket. I think I you know what, in spite of all this fiscal policies. I am in favor of reduc- know why the Democrats fight it time talk, Medicaid will grow. We are not ing the deficit to the extent prudent and time and time again. talking about cuts. We are talking and possible. I am in favor of rebuild- This government, this big, Wash- about reducing spending, and I yield to ing the areas damaged by Katrina and ington-focused bureaucracy that the gentleman from Georgia (Mr. Rita, but I am not in favor of con- spends your money out of your pocket, GINGREY). tinuing to throw money away on a war that you go to work and you earn, this Mr. GINGREY. Mr. Speaker, I appre- that we never should have been in in government, this bureaucracy, is a ciate the gentlewoman from Tennessee the first place. I am not in favor of giv- monument to them. They spent 40 for yielding, and I do want to speak a ing huge tax breaks and cuts to the years with an iron grip on this U.S. little bit about the Medicaid program. wealthiest 1 percent of the population. House of Representatives; and in that The gentlewoman from Tennessee I am in favor of budget reconciliation, time, they constructed a vast monu- and the struggle that that State has but not on the backs of the poor, ment to themselves called Federal had with their Medicaid program and needy, and most vulnerable sectors of Government bureaucracy. TennCare, the cutbacks that have been our society. It is expensive, it is old, and it is a necessary, she understands as well as Therefore, Mr. Speaker, I could do mismanaged monument that forces anybody how important it is to make nothing less than oppose. As a matter you, the taxpayer, the average, hard- sure that these programs work the way of fact, it would be a dereliction of my working American family, to spend 6 they were intended to work, Mr. duty and responsibility if I were to months every year paying for it. Tax Speaker. vote for the Budget Reconciliation Act freedom day, look at some of the dates As the gentlewoman from Tennessee that is before us. I will vote prudently we have had in years past, July 4, June (Mrs. BLACKBURN) points out, we are and sensibly. 30, June 28. You are working half the not talking about cutting anything. We f time to pay for government. are talking about reforming govern- Well, Mr. Speaker, I can tell you ment. I mean, this Republican major- DEFICIT REDUCTION ACT OF 2005 something right now. This Republican ity has a plan to reform government, The SPEAKER pro tempore. Under majority in the U.S. House of Rep- to effect savings for our taxpayers and the Speaker’s announced policy of Jan- resentatives is working to change that. to spend their money wisely and effi- uary 4, 2005, the gentlewoman from We want to change that. Democrats do ciently and to spend it for those who Tennessee (Mrs. BLACKBURN) is recog- not. It is that simple. have the need and to eliminate all this nized for 60 minutes as the designee of So, tonight, we are going to talk a waste, fraud and abuse that is so ramp- the majority leader. little bit about the budget savings we ant in government and certainly in the Mrs. BLACKBURN. Mr. Speaker, you are working to pass in this House in a Medicaid program. know, there is an age-old drama that bill that is called the Deficit Reduction But as the gentlewoman from Ten- Americans have seen play out time and Act of 2005. nessee (Mrs. BLACKBURN) points out, time again here in Washington, and I Mr. Speaker, this legislation is a this is no cut. The reduction in the know that some nights as they are good, solid plan from the Republican growth rate is what we are talking watching TV and they click across C– leadership. It is a plan that will put about, Mr. Speaker. Medicaid, over the SPAN and they watch individuals come this government on track to reform; last 5 years and in this current fiscal to the floor, they might think this is a and in the end, the goal is to yield a year, is growing at 7.3 percent a year, rerun or they might think same song, savings for the American taxpayer. 7.3 percent a year growth rate. So we second verse because they have to The bill that my colleagues are going have in this plan to cut that growth think that they have heard this before. to join me in discussing tonight is find- rate by three-tenths of 1 percent, cut it I think probably their thoughts go ing $53.9 billion in spending reductions from 7.3 percent to 7 percent over the something like this, that taxpayers are over the next several years in a $2.4 next 5 years.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00170 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25653 Today, in fiscal year 2006, before this nursing home, and is going to be there will yield the efficiencies that are cut, we are spending $200 billion with a for a long time. They may have $750,000 needed. B on the Federal part of Medicaid. Over in equity in their home. So all of a sud- Mr. Speaker, another colleague who a 5-year period, in 2010, because of that den they figure out a way to transfer is joining us this evening is the gen- 7 percent rate of growth, we will be the ownership to a son or a daughter or tleman from Tennessee (Mr. WAMP), spending $260 billion. So our colleagues a first cousin and let mom or dad rent another member of my delegation who on the other side, they want to say, oh, the house and live in the house or pay is a member of the Appropriations you are cutting, you are cutting to the out of their Social Security check. Committee. He has brought wisdom bone, you are taking away. They call it That is totally wrong. I think my and expertise to the appropriations Robin Hood taking away from the poor colleagues understand that, and I think process and being certain that we are and giving to the rich. the American people understand that. wise stewards of the taxpayers’ dollars. This program, Mr. Speaker, will con- So we, again, are not talking about I yield to Mr. WAMP out of Chat- tinue to grow at a healthy 7 percent cutting benefits to people that really tanooga, who is going to talk with us rate, but we are talking about cutting need them. We are trying to make sure for a few moments about the work they waste, fraud, and abuse. Yes, we are that in this reform we get the dollars have done in the Appropriations Com- going to cut that. We are going to cut where they need to be. That is really mittee as we work toward a Deficit Re- out this situation where people are what it is all about, cutting out waste, duction Act that is going to help put us gaming the system and it happens. It fraud and abuse and spending the on track to achieve some savings for happens in every State, including my money efficiently and effectively. That the American people through the re- own. is what we are doing. form process. What is so tragic about that is that I really appreciate the gentlewoman Mr. WAMP. Mr. Speaker, I thank the then you end up taking money away from Tennessee for leading this hour gentlewoman for yielding to me and for from those people, those pregnant and giving me the opportunity to talk her leadership and for all my col- women, those young children, those about this. You see, I spent 30 years leagues on the floor tonight. I am en- aged and infirm that really, really need practicing medicine and seeing some of couraged as a member of the class of our help. With this plan and these sav- these patients and writing prescrip- 1994, the class that came in with the ings that we can effect, that is who the tions for those who need that Medicaid new majority for the first time in 40 help will go to, exactly where it is benefit. So I know how important it is years, to see the passion and the focus needed. to do it the right way, and I commend that we now see again in the House I want to take a little time to ex- my leadership in the Republican ma- with that same vigor for reform and re- plain one thing that I think is so im- jority for facing up to the problem we sponsibility that actually brought us portant that my colleagues and any- have. here years ago. You can feel it every body who might be listening to these I can remember, and I will say this in day here building steam, because the proceedings tonight understands very closing, Mr. Speaker, when we were American people demand it, and we are clearly. trying to bring some sense in solvency carrying out an agenda now of reform With long-term care in this country, to the Social Security program for our and responsibility. we have a huge problem; and it is needy seniors, the other side of the Interesting for me, I do not come to shocking when you find out that prob- aisle said, Well, you know, you do not the House floor to speak much except ably 70 percent of nursing home care is need to be doing this because the need for specific legislation, but today you paid for with Medicaid dollars. Some of is in Medicare and Medicaid. It is going kind of hear mixed messages on the mi- those people who are in long-term care to run out of money much quicker; you nority side. Half of them say, you are facilities, a skilled nursing home is need to reform that. Why are you all spending too much and the other half what I am referring to, they clearly are spending your time on Social Security? says we are not spending enough. What low income. They do not have the fi- So here Social Security seems to we see over here now is a very con- nancial wherewithal once their Medi- have been pushed off to the back burn- sistent message that we cannot spend care benefit runs out, and it does pret- er, much to their satisfaction, and we this much, that we have an $8 trillion ty quickly; and they need to have that are trying to deal with the problems of debt. Medicaid benefit. Medicare and especially Medicaid. Now, when we first came in in 1995 in But 70 percent of all expenditures for Every one of our 50 States is suf- the new class, our goal was to hold the skilled nursing home care is coming fering. Governor Huckaby, Republican growth of spending below inflation and out of the Medicaid program. Some- Governor from Arkansas, and Governor let the economy grow, it was strong, so thing is wrong with that, and what it is Warner, Democratic Governor of Vir- that revenues would surpass expendi- is people and maybe it is not the indi- ginia, both agreed with a bipartisan tures. And that happened and the budg- vidual so much as a smart lawyer fig- governors’ report that we need to do et got balanced. Seems like a long time uring out a way to game the system. this. So this is what we are talking ago, but it happened. For 3 consecutive So in this reform, Mr. Speaker, we about. years we held the growth of govern- are saying that if a person, an indi- And with that, I will yield back to ment spending below inflation, below vidual, has more than $500,000, I believe the gentlewoman from Tennessee. the family’s budget growth; and then that is a half a million if my math is Mrs. BLACKBURN. Mr. Speaker, I revenues passed expenses. correct, if an individual has more than thank the gentleman for his comments, Then we were dealt a difficult hand. $500,000 equity in their home, then they and he is exactly right. Medicaid need- September 11 happened, challenges be- are not going to be eligible for Med- ed reforms that would address some of yond our control, and spending esca- icaid to pick up the tab for nursing the waste, fraud and abuse; reforms lated. And for several years in a row, it home care. that would deal with the processes and averaged 6 percent growth per year in procedures of the delivery of the pro- discretionary spending, which was b 2000 gram. Once we go through achieving twice inflation, and it started slipping What is happening, and we are going these efficiencies, there will be individ- away. to eliminate this, is that families, and uals who truly need it, who will see a Sometimes it is easy to forget when I guess in a way I can understand their better delivery of service. something like Katrina happens, what thinking, but it is just not right, they These are flexibilities that the gov- was going on before Katrina hit, but we do not think about the fact that it is ernors, the nonpartisan National Gov- need to think back. I remember this taking needed dollars away from peo- ernors Association, have asked us to spring I put out a press release after ple that really need this benefit. make. They are things we have worked the House passed the budget and we As an example, say mom or dad needs with them on, and we are pleased to then passed our 602(b) allocations for to go into a nursing home, a skilled bring forward the type of reforms that the appropriation bills to match that

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00171 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25654 CONGRESSIONAL RECORD—HOUSE November 9, 2005 budget. I put out a press release that We have done well on discretionary Monday of this week it was represented said, this is the most austere budget in spending, but we can do more and we on the House floor by Mr. MEEK, and the 11 years I have been in Congress, will do more. But I come as a member this was in regards to veterans’ care, because it only grew nonsecurity dis- of the Appropriations Committee to who said, and I quote, ‘‘because the cretionary spending by 1 percent. Well say that this majority is doing it. We majority side has made a 5-year cut of below inflation, this budget. Not only are doing it like we were when we got $14 billion.’’ That same night Ms. did we pass it, we passed all the appro- here, again with vigor and commit- WASSERMAN SCHULTZ said, and I quote priations bills out of the House within ment. I am excited. ‘‘There is a proposal to cut $600 million that agreement by July 4, the first We have just been joined by another in veterans’ health care.’’ time in a generation that that had hap- member of my class, and he was shak- Mr. Speaker, the reality is in this pened. We were marching towards fis- ing his head as he walked across the deficit reduction bill there are no cuts cal responsibility with vigor. floor, because he can feel it. He knows proposed for veterans’ health care. In And then we went home for the Au- it. We are focused on being responsible fact, in the last 5 years, funding has in- gust District Work Period, and Katrina and reforming this government so that creased by 50 percent. In fact, the Vet- hit towards the end and everyone fo- it works better and so that people can erans Committee was not asked to par- cused on what the government did not see us acting on what they would like ticipate in spending reform. We recog- do and we became insecure. But I think to see us do. nize, we appreciate, and we value the it is easy for some to forget how re- So I thank all of my colleagues that service of our military members and sponsible we were going into that ca- have come to the floor tonight, and the our veterans, and we know that their tastrophe. gentlewoman for hosting this hour. It health care and their benefits are crit- A little primer on this whole process is important that we unite and we ical and very, very important to them. for folks that are outside the Beltway, bring people to this most important On November 2, this House unani- because sometimes we forget their lan- cause at this critical time. And I yield mously approved H.R. 4061, the Depart- guage, is that the budget is broken back to her. ment of Veterans’ Affairs Information down between discretionary spending Mrs. BLACKBURN. I thank the gen- Technology Management Improvement that the Congress annually appro- tleman from Tennessee for his wise Act. This Act combines three informa- priates and annually oversees and man- words and for joining us in this debate tion technology programs into one. datory spending, sometimes called en- and reminding us we do hear a lot of Currently, benefits, health, and burial titlements. rhetoric, as he mentioned. We have the claims are handled by three separate When my wife, sweet Kim, was born Blue Dogs from the Democrat side, who IT departments. This was common- in 1964, two-thirds of all Federal spend- have been coming to the floor demand- sense reform to turn these into one and ing was appropriated by the Congress ing spending increases. Suddenly they will save the Federal Government $1.7 with annual oversight, and one-third are not so fiscally conservative. billion simply by turning three pro- Well, it is like the story I used to was mandatory, which is really made grams into one. This is exactly the read to my children, the Three Little up of Medicare and Medicaid and pen- type of example which shows we are re- Bears. It is almost as if you have to sions, mandatory spending programs, designing government, reforming pro- have it just right. Just right. And they and interest on the debt, things that grams, and saving taxpayer dollars. are going to let the perfect be the Mr. Speaker, billions have been spent are fixed by previous law. And unless enemy of the good, because these are on IT systems by both the VA and De- the Congress acts again, they auto- good, solid reductions and a good, solid partment of Defense, and these agen- matically go out. They are indexed to plan for moving forward, a great first cies still cannot share medical infor- inflation. People either qualify for step. mation. This is corrected in H.R. 4061. them or they do not, but they auto- As we have worked through this 2015 matically get the money. In 1964, that process, we have heard from the gentle- b was one-third of all spending and ap- woman from Virginia several times in The result of this reform is not only propriations was two-thirds. regard to military issues and veterans’ to save taxpayer dollars, but it pro- Today, it is the other way around: issues. She has such a heart for this vides a seamless transition for our Two-thirds is mandatory and one-third and works so diligently on these issues, servicemembers and makes the process we still have discretion on. But if you so at this time I yield to the gentle- easier. I know the gentlewoman from take out national security and home- woman from Virginia (Mrs. DRAKE) to Tennessee is happy to hear that: save land security, the part of the discre- set the record straight about the ap- money, do it easier, and do something tionary budget that is left is only one- propriations and the funding for our that makes sense. The Department of eighth of the $2.4 trillion annual budg- veterans’ programs. Defense and the VA will be able to et that the gentlewoman referred to. Mrs. DRAKE. Mr. Speaker, I thank share information on health records So discretionary spending is now a the gentlewoman from Tennessee for and claims for disability benefits. small portion of it. hosting this event tonight and for in- Also understand that these necessary That is why it is so important to viting us here to tell the American peo- responsible reforms are critical to be have this budget reduction act. Be- ple exactly what is in this bill that we sure that important programs remain cause the mandatory spending is where will all vote on tomorrow. I know that in place and are able to sustain them- fraud and abuse and waste creeps in she joins me as a Republican in our be- selves. over time because the Congress does lief in smaller government, personal Mr. Speaker, I thank the gentle- not annually oversee it. It sets in, and responsibility, and accountability. woman for sharing her time with me people back home do not like it when This deficit reduction bill is an ex- today and being able to talk just before people are cheating the government. ample of this philosophy. This bill cre- Veterans Day about the wonderful But if we fail to act and they win, the ates a planned reform and savings for service of our veterans and our mili- status quo has prevailed and it gets taxpayers. It is important that we set tary. worse. priorities and that we make tough Mrs. BLACKBURN. Mr. Speaker, I When we act, they say you are mean choices. join the gentlewoman in a heartfelt and cruel, but the people want us to I also know the gentlewoman from thanks to our veterans, as she speaks tighten the belt of government, which Tennessee would agree with me that about the fiscal stewardship and the creates efficiency. Any government how we spend taxpayer dollars is one of common-sense reforms we need to put program that has to tighten its belt our greatest responsibilities as Mem- into these programs. It is so frus- will become more efficient because bers of Congress, and that we need to trating to veterans in my district when somebody has got their fingers on the spend smarter and wiser. they get the runaround and cannot get buttons to make it more efficient to It is unfortunate, Mr. Speaker, that a proper answer and go from one bu- live with what they have. this plan is being misrepresented. Just reaucracy to another bureaucracy. To

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00172 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25655 take three programs and roll it into December. We are talking with the rest nant mothers, senior citizens, every- one, as H.R. 4061 has done, that is com- of the world about how we want to body you can imagine. I sat there and mon sense. really eliminate export subsidies, and listened to that, and if I did not have a We hope to achieve efficiencies and we can do that without great pain to brain of my own to work with, I would save money on that program and the this country and reduce domestic sub- have felt so guilty I would have administration so it goes into pro- sidies and be able to get access to the crawled out of that room after they got grams and we get that money into pro- developing world so we can sell our done with me. The truth is when you grams that are so needed and so de- products. look at it, we did not take any food out served by our veterans. Our agriculture producers know they of anybody’s mouth. We saved overall Again, God bless those veterans. And can compete with anybody in the world $844 million up to the year 2010. I say God bless the gentlewoman from if they can get access to the markets I went back and looked, how much Virginia who has worked so hard on without having punishing tariffs at waste do we have in food stamps just these issues. every developing country in the world. for the last year we have records. Well, A leader on agricultural issues is the We brought some of those people in as $1 billion in food stamp waste. That is gentleman from Iowa (Mr. KING). He is trading partners. We are going to ex- fraud. going to talk about the agriculture bill pand that. But if that 1 percent here is Mr. GINGREY spoke about how we will and then will return to the floor to a painful thing, then I am going to say cut waste, fraud and abuse. We did that talk about what has been done through we are going to have one difficult de- in the food stamp program, and we did the agriculture appropriations process. bate when the time comes to adjust our not do it randomly. We realized there Mr. Speaker, I yield to the gentleman long-term trade trajectory. are States that grant food stamps to from Iowa (Mr. KING). By the way, there was not a single people who do not qualify for any other Mr. KING of Iowa. Mr. Speaker, I Democrat that would support any of benefit. That is a pretty good sign it is thank the gentlewoman for organizing this reconciliation package, and it be- a fraud. We conditioned it if they need this Special Order and her leadership. came a partisan issue just to pass another benefit, like TANF, it will At this time I would like to address CAFTA. People in sugar said, no, it qualify them for food stamps. Unless the Deficit Reduction Act. It seemed might take a teaspoon a day out of our they do, we are not going to give them like it was heavy lifting for a lot of markets. Possibly so. Aside from that, a bunch of food stamps because, likely, people in this Congress; it should not there was not even an argument that they are not qualified. Most of the be. It should not be when you are going CAFTA was not good, but it became a States are that way. Iowa is that way. to reduce by one-half of 1 percent the partisan issue. I am watching trade be- It works for us. We do not hear com- trajectory of the increase of Federal come a partisan issue. I watched budg- plaints because it is a responsible way spending down range 5 years. I do not et responsibility become a partisan to manage. The other side of the food stamp find that heavy lifting. I find that a issue, and I listened to criticism after piece was we extended the period of piece of cake for somebody who has had criticism from the other side of the time. When people come into this coun- to balance a family budget, a business aisle about what we are doing to our try legally, they pledge they are going budget, and meet payroll with my own producers during a time of need. It is to be self-sufficient. We say to them, employees for over 1,400 consecutive always a time of need. under current law that means you do months. We had to find a way to make But it is also a time where we have not get these benefits for 5 years. Then it work, and we did not have a budget just pulled in the best 3 years in agri- you can be unself-sufficient and we will like this to work with, and we made it culture ever where I live. We have har- help you out. We extend that time on work. vested the best crops in the last 3 food stamps from 5 years to 7 years. I want to talk about the agricultural years. Their overall accumulated value That picked up $275 million. We found aspect of this. First, we brought this is more than it has ever been. We our $3.7 billion without a lot of pain. package before the Committee on Agri- raised more corn and soybeans this I will not say it was easy, because I culture, and we went for approximately year than any time in history, except had to listen to 3 hours of dema- 3 hours in debate, listening to dema- last year, which was a record. That goguery; but we did not hurt anybody, goguery about how painful it was to came upon a good crop for 2003. It is a and we helped people and we helped the squeeze down some of these categories good time to be responsible in agri- taxpayer. within the agriculture budget. And this culture, and I believe the producers We have another way we can help is over 5 years. will stand up and take this just fine. this country. I have got to say this be- One of those subjects is the com- We minimized some of the damage to cause agriculture is so susceptible to modity programs direct payments. We agriculture as well. Some money was energy, but we have 406 trillion cubic reduce that, the projected spending, by left over in the watershed rehab pro- feet of natural gas out there under the 1 percent. That is $1 out of $100. The ac- gram, and so we put that in our Deficit Outer Continental Shelf. We are paying tual effect out in the field is approxi- Reduction Act. The Conservation Secu- $14.50 per million Btus here in this mately one-twentieth of the payments rity Program, I like that program. I country. In Venezuela it is $1.60 com- going into a region like I represent spent my life in soil conservation. I pared to our $14.50. The same with where we raise corn and soybeans. have built more terraces than any Brazil, Argentina, and most places on The people that I represent there are Member of Congress, and I do not have this continent; and we have got 406 fiscally responsible people. They watch to wonder who is second. More water- trillion cubic feet of natural gas right their budget. They invest their dollars ways, more watershed dams. I have there next to the pipeline. All we have wisely and do a good job of marketing spent my life protecting soil and water. to do is move our drill rigs a little fur- and managing, all because it is good I like those projects. We took no ther to the east, sink them in the business. That is what it takes to have money out of any one that was quali- ground, hook the pipes up, and go to black ink on the bottom line instead of fied today, but were required to pull the same refineries and we can drive red ink. some money out down range in order to this price down. If we do so, we can cut I am very confident I can take this come with these savings that we need- fertilizer prices down and gas drawing back and look my neighbors in the eye ed to get, which is $3.7 billion out of prices down for our grain as well. and say we did the best we can for the agriculture. Go up and drill in ANWR, fix the en- agriculture economy. We did the best Skipping across some of these, the ergy piece in all of this, and we are we could for our agriculture producers. food stamp program, that probably going to see a big difference in this We pinched that down by 1 percent on consumed, out of 3 hours, probably 2 country. This is not all of the work we direct payments. hours of the apportioned demagoguery need to do, but this is a bunch of the We are looking at WTO trade nego- for the day. It was how we could take important work we need to do. I am tiations coming up in Hong Kong in food out of the mouths of babes, preg- looking forward to getting on with it.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00173 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25656 CONGRESSIONAL RECORD—HOUSE November 9, 2005 Mrs. BLACKBURN. Mr. Speaker, the programs growing next year over this Right now, right now, they want to gentleman from Iowa truly is a great year. TANF is going to grow. Medicaid, cut the child tax credit in half. And conservationist not only with the soil Medicare, it is all going to grow. But that is their idea of compassion? That and the land in Iowa, and we love to they attack all of our reforms, and is what they are telling us. That is say he gets his best information on the they claim that they do not want to what their tax plan is. They want to re- back of his tractor working his pas- pass debt on to our children. Well, institute the death tax so that people tures, as we hear his good, conservative what does that leave us? That leaves us have to visit the undertaker and the philosophies put to work in this House, with tax increases. IRS on the same day. And that is their as he talks about being a conservative They do not like to talk about it, but idea of compassion, Mr. Speaker? They and a conservationist in his spending, it is the only other option on the table. want to bring back the marriage pen- in his farming and in his love of the In this case, massive, unconscionable alty. They want to punish people. They land and in his love of freedom. We are tax increases that, if imposed on the want to tax people extra because they so pleased that he has reminded us and American people, will leave the next choose to fall in love and marry some- shown us how the Committee on Agri- generation with a lower standard of body. And that is their idea of compas- culture, again practicing fiscal stew- living than we enjoy, because the gov- sion? That is just what they want to do ardship, practicing what they preach, ernment we already have is growing be- today. living it out to be certain that every yond our ability to pay for it. But what they want to do to my chil- Chairman Greenspan of the Federal 1 single committee looks at their pro- dren and your children, my 3 ⁄2-year-old grams and says there is a better way Reserve recently said, ‘‘As a Nation, we daughter and my 2-year-old son, they for us to do this. There is a way to re- may have already made promises to want to double taxes on them. An aver- duce this spending, and the American coming generations of retirees that we age family of four, what that means to people are going to benefit. will be unable to fulfill.’’ them is that as they spend $11,000 a We have heard many times over the The Brookings Institution, which is year in housing today, under the Dem- past several months from the gen- no bastion of conservative thought, ocrat doubling of taxes plan, that will says expected growth in these pro- tleman from Texas (Mr. HENSARLING) go down to $8,500. That means that al- grams, speaking of Social Security, who has come to the floor and has though you may own a home, your Medicare and Medicaid, along with pro- talked with us about having respect for children will not be able to afford one. jected increases in the debt and de- families and the family budget, about When it comes to transportation, fense, will absorb all of the govern- how important it is that we realize this average family of four spends ment’s currently projected revenue that taxes and fees are the largest part about $5,300 today. But under the gov- within 8 years, leaving nothing for any of a family budget and how the Federal ernment plan where we double taxes, other program. that will go down to about $4,000. Mr. Government should be sensitive to that That is the Democrats’ plan. That Speaker, people are struggling to fill and work to reduce that burden. means no veterans funding. That I have asked Mr. HENSARLING to join means that beloved Pell grants are up their cars now. I suppose under the us tonight and talk with us for a few gone. All of this is gone because they Democrat plan they will not have to minutes about what happens if we do refuse to join us in any of these re- worry about it because Americans will not pass the Deficit Reduction Act, forms. The Government Accountability not be able to afford to buy cars any- where will we be if we do not pass this Office said in order to balance the Fed- more. Let us talk about food. The average act. eral budget in the next 30 years, total Mr. Speaker, I yield to the gentleman Federal spending is going to have to be family of four is spending about $5,300. from Texas (Mr. HENSARLING). cut in half or Federal taxes doubled. That goes down to $4,000. The Demo- Mr. HENSARLING. Mr. Speaker, I Mr. Speaker, we have a chart that crats in their so-called compassion thank the gentlewoman for her leader- shows what is happening to the size of plan and fighting our reforms just took ship in the area of government reform. our government. This shows here the 3 months of groceries away from the Mr. Speaker, you have heard how im- percent of our economy that we are de- average American family because they portant it is that we have a plan that voting to government. Right now it is have their plan to double taxes on the is going to reform government, that about 20 percent. Our revenues, which American people. And, Mr. Speaker, will help achieve savings for the Amer- is this line here, runs pretty consist- the list goes on and on and on. ican people. It is so sad that the Demo- ently between 18 and 20 percent of our We have a common-sense plan, a crats on the other side of the aisle, not economy. common-sense plan, to reform govern- one, not one has risen up to join us in ment and achieve savings for the this effort to try to reform govern- b 2030 American people. I mean, who is going ment. But the government programs that to argue with the fact that we should We know that our Nation faces a are in place today, not all the ones not be giving food stamps to illegal number of challenges. We have Medi- that the Democrats want to add, but aliens? Who is going to be arguing with care and Medicaid and Social Security. the government programs that we have the reform that we ought to quit pay- We have important programs, but they today that are on automatic pilot, ing twice the market rate for student are growing beyond our ability to pay without the reforms, if we do not re- loans? These are common-sense re- for them. Now we have had the dev- form them, if we do not achieve success forms. And, Mr. Speaker, as this debate astating hurricanes hit. We know there in our vote for reform, in just one gen- continues to unfold, we have to remem- are only three ways we can pay for all eration we are going to go from 20 per- ber what the Democrats really want to of this: one, we are going to pass debt cent of our economy devoted to govern- do, and that is massive tax increases on to our children; two, we are going to ment to 40 percent, Mr. Speaker, in that are going to leave the next gen- raise taxes on the American people; or, just one generation. eration with a lower standard of living three, we are going to find smart ways And that, Mr. Speaker, is the cost of than we enjoy, and that is unconscion- to hold government accountable and it. Here we have the year 2005, and look able. decrease the rate of growth in spending at the tax increases on the average Compassion, Mr. Speaker, ought to and bring about reforms. American family as the years go by. be measured by how we treat the next Well, the Democrats have attacked Again, what does that mean? It means generation and how many paychecks all of our reforms. They claim that in just one generation we are going to we create, not how many welfare somehow these are massive cuts, not- end up doubling taxes on the American checks we create. Our reform plan will withstanding the fact that the Federal people. And, Mr. Speaker, I just believe help create paychecks. We have al- budget is going to grow next year over that that is absolutely unconscionable, ready created 4 million new jobs in this this year in what we call mandatory particularly for a party that continues economy. Theirs is more of the same: spending that has most of the welfare to want to preach compassion to us. more government, more spending, tax

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00174 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25657 increases for future generations. There president, a university administrator, er for the neediest students to partici- is no compassion there, Mr. Speaker. dealt with higher education programs, pate in these programs by simplifying No compassion whatsoever. with financial aid. So I understand eligibility. Mrs. BLACKBURN. Mr. Speaker, re- these programs a great deal. And let I know when I conducted programs claiming my time, I thank the gen- me tell the Members just in summary with financial aid, it took a college de- tleman from Texas for his comments. what we did. We are helping the stu- gree to fill out the forms. So it was a And he is so correct. If we do not dents and the families of this country real problem. We are going to improve take these steps to rein in spending, to tremendously by what we are doing. that. reform government, to get on this plan We are going to continue to increase Taken as a whole, CBO estimates that is going to reform this govern- student financial aid as college enroll- these reforms will save $14.5 billion ment and begin yielding a savings for ment increases. We are going to see fi- over 5 years. That is money going into the American people, we will see it go nancial aid going up through increases the pockets of the students and the from taking 20 percent to 40 percent of in loan limits and reductions in origi- families that we want to help and other our resources. Fiscal stewardship de- nation fees. That is going to help stu- taxpayers. mands that we work to find a way to dents and families. We are going to end Spending is out of control, Mr. restrain the growth of government, to the practice that allowed some lenders Speaker. We cannot afford to keep in- begin to roll it back. And it is not easy, to collect the minimum of 9.5 percent creasing Federal spending at astronom- as I said earlier. The Democrats spent rate of return on some student loans. ical and unreasonable rates. Contrary 40 years building a monument to them- And yet the Democrats have fought to what our colleagues on the other selves, a great big bureaucracy; and it these tooth and nail. They all voted side of the aisle are purporting, we are takes time to begin to break it apart. against these measures. They do not not finding these savings on the backs As the gentleman from Texas was want to help make access to higher of college students. We are going to talking, I was looking over a chart education better for low- and middle- help college students. These reforms that had the 12 largest post-war defi- income students like we do. And that is will strengthen student aid programs cits that we have seen in this country. what this is going to do. It is going to and expand student benefits. Of course, one of them was 1946, when Everybody needs to support this bill generate savings for taxpayers by we were hard at war and fighting and and know that they can go home and eliminating waste and inefficiency, coming back from World War II. Mr. say to students trying to get an edu- trimming subsidies paid to lenders, and Speaker, these other years, 1983, 1985, cation, We are helping you with this. place the aid programs on a stable fi- 1986, 1984, 1992, 1991, 1976, 1982, 1993, 1990, Mrs. BLACKBURN. Mr. Speaker, re- nancial foundation. We are going to Democrat control. It is time for us to claiming my time, I thank the gentle- put a complete and permanent end to put this Nation on a track to reform woman from North Carolina for her practices that have allowed some lend- government, to reduce the bureauc- comments. ers to collect the minimum 9.5 percent racy, to be certain that money is going She is exactly right. Reforming the rate of return on some student loans. into programs to meet needs at the process, reforming the way government local level; that money is not being That is just simply unfair to the stu- does business, making it simple, being soaked up by the bureaucracy that sits dents who are having to borrow money. certain that we find another way to get It will also reduce student loan fees in these buildings around Washington, government off people’s back, out of by 75 percent over 5 years. Student D.C. their pocketbook, simplify the system Mr. Speaker, I yield to the gentle- loan borrowers today pay up to 4 per- so that the money gets to where it is woman from North Carolina (Ms. cent in loan fees and a 3 percent origi- needed, in this case, in education, get- FOXX), who is a leader in education on nation fee. We are going to reduce that ting that money into the student loan the Education and Workforce Com- origination fee to 1 percent. It also is programs so that students are in the mittee, and she is going to talk with us going to expand student loan bor- classrooms, so that they have access to for just a few moments and dispel a rowing by increasing the amounts for those classrooms. couple of myths pertaining to edu- first- and second-year college students. We have been joined by the gentle- cation funding and talk about what we This is going to be a tremendous boon woman from Ohio (Mrs. SCHMIDT), and are trying to do to be certain that to those students. she is new as a Member of the U.S. young people have the opportunity to It is also going to protect borrowers’ House of Representatives. She comes dream big dreams, dream big dreams credit by requiring lenders to report to with a State legislative background and have great adventures and look all national credit bureaus to ensure from the State of Ohio where she has forward with hope and opportunity to a students and graduates will be able to worked on so many of the health care future. take full advantage of the good credit programs, the reform programs that Ms. FOXX. Mr. Speaker, I want to history they have earned through re- were needed, and working with Gov- thank the gentlewoman from Ten- payment of their Federal student ernors. At this time she is going to nessee (Mrs. BLACKBURN) for organizing loans. They cannot do that now, and it spend just a couple of moments and this Special Order again and for help- is a shame because they cannot build a talk about some of the reforms that ing us bring the facts to the people of good credit history. were needed by the Governors and are this country. We also, through this bill, improve addressed in this bill. She used a very nice word, ‘‘myths.’’ consumer protection and awareness by I yield to the gentlewoman from Some people could use much stronger eliminating unfair rules that limit op- Ohio. words about the things that are being tions for consolidation borrowers and Mrs. SCHMIDT. Mr. Speaker, I thank said about this Deficit Reduction Act. providing borrowers more information the gentlewoman from Tennessee (Mrs. So I think she is being very kind. We about their loans. We want students to BLACKBURN) for yielding to me. need to set the record straight about be responsible. We are going to help Mr. Speaker, I am going to keep this what is being said about this bill and them be responsible. very brief. I just came here 64 days ago, about what we are actually doing. The Democrats are opposed to that. and I served on the general assembly The Education and Workforce Com- It is really mind-boggling to under- and I served on the appropriations mittee was given the task to find $18.1 stand why they would oppose all these committee. And I can tell the Members billion in net savings. Of that $18.1 bil- reforms that we are putting in. One most States are seeing their budgets lion, we generated $14.5 billion by mak- would think they would want to help being crippled by Medicaid, and Med- ing the Federal programs dealing with moderate- and low-income people get a icaid is tied to the Federal programs. higher education more efficient and ef- higher education, but they keep throw- What we have done in this bill is we fective. ing stumbling blocks up and saying we have a plan to reform government, to I did serve many years in higher edu- are reducing money; we are increasing reduce spending, not just at the Fed- cation. I was a community college the amount of money. We make it easi- eral level but at the State level as well.

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You get this def- the eldercare with Medicaid will really unemployment benefits by 26 percent; icit under control by cutting spending help States initiate programs that general government, 32 percent; income and promoting economic growth and truly take care of the elderly who are security programs, or what we would creating a bright future for future gen- in need, but force people who are not in call welfare and other programs we are erations. need who try to circumvent the system going to talk about in a minute, have from circumventing that system. And increased by 39 percent. Now, that is at f that is so important. That is reforming a time when inflation has been a little 30-SOMETHING WORKING GROUP government. That is reducing spending. over 12 percent, so it has increased at That is getting rid of waste, fraud, and triple the inflation rate. The SPEAKER pro tempore (Mr. abuse. And that is a plan. Health care programs, we have in- FORTENBERRY). Under the Speaker’s Chairman BARTON also has a plan for creased by 42 percent just since 2001; announced policy of January 4, 2005, Medicaid savings on prescription drugs. community development, 71 percent; the gentleman from Florida (Mr. MEEK) That is important, because when I housing and commerce, 86 percent; is recognized for 60 minutes as the des- came from Ohio and when 85 percent of international affairs, what some people ignee of the minority leader. our budget is crippled by Medicare and call mostly foreign aid, has increased Mr. MEEK of Florida. Mr. Speaker, it education, we need to have help at the by 94 percent. is once again an honor to come before Federal level to enact reforms at the Finally, Mr. Speaker, this area that the House, and we want to give thanks State level that will allow us to feed we are just slashing and burning, edu- to the Democratic leadership for allow- our poor, feed our elderly, educate our cation, has increased by 99 percent. ing us to be here one more night. children, and not bankrupt our system. The facts are right here, and if anyone Mr. Speaker, as my colleagues know, That is what this act does. would like a copy of the article, if they the 30-Something Working Group and I am going to vote for it, and I want call my office, I will be happy to send hard-working members on this side of to applaud the leadership on the Re- them one. the aisle have come to the floor repeat- publican side of this aisle for giving us We talked about facts, and the gen- edly, night after night, in some in- a plan to reform government, reduce tlewoman mentioned food stamps. stances, 2 to 3 hours, to inform not spending, and save our future. Now, listen, I think I speak for every- only the Members, Mr. Speaker, but Mrs. BLACKBURN. Mr. Speaker, re- one on both sides of the aisle here in also the American people on what is claiming my time, I thank the gentle- the U.S. House of Representatives and, happening to them under this budget. I woman for her comments. frankly, I think I speak for all Ameri- will tell my colleagues something for At this time I yield to the gentleman cans, it is something we take pretty se- them. from Minnesota (Mr. GUTKNECHT), who riously. We do not want anybody to go As I stand here now on the floor, Mr. is going to talk with us about the food to bed hungry here in the United Speaker, the Rules Committee is meet- stamp program and address some of the States. But I am happy to say that this ing. They are not meeting under the myths that we have been hearing about House, this House leadership, this lights of the American people or even this program. This gentleman has done Budget Committee and the chairman in the daylight. They are meeting here so much work in the agriculture pro- and the members of the Republican at almost, close to 9 o’clock at night to grams, looking to be certain that we Caucus have a plan that will reform try to figure out how they can come to address the stewardship requirements government and provide savings for the the floor and put forth a budget that is that our constituents and citizens have American taxpayers. Spending has going to increase lines at veteran hos- for us. been going up too fast, and we propose pitals and clinics in rural areas, de- to do something about that. crease services to veterans, and also b 2045 I came here in 1994, and earlier my bring up a higher copayment and pre- Mr. GUTKNECHT. Mr. Speaker, I colleague, the gentleman from Ten- miums for veterans to be able to re- thank the gentlewoman for holding nessee (Mr. WAMP) talked about what ceive health care. this special order tonight. we did in 1995 and 1996. One of the They are meeting now trying to fig- Mr. Speaker, John Adams once said things we did that I will always be ure out, Mr. Speaker, how poor chil- very simply, ‘‘Facts are stubborn proud of is, we reformed the welfare dren, who do not have to pay a copay- things.’’ Somebody else once said that system, and we put limits on welfare. ment to get health care, they are try- you can ignore the facts, you can deny We heard some of the same arguments ing to figure out how they can explain the facts, but in the end, there they back then, Oh, my gosh, people are that to the American people and how are. Tonight we are talking about the going to be thrown into the streets, they can bring it to the floor and pack- facts. people will go hungry, this is going to age it in a way that even some mod- I want to just share with my col- be terrible. Well, let us look at what erate Republicans can vote for it. leagues some information according to happened. We cut the welfare caseloads They are trying to figure out now, the Office of Management and Budget, by 50 percent. Mr. Speaker, they are going to be able because this is pretty shocking. Some Mr. Speaker, I always said, and I to ask Members of this Congress, who of our friends on the left are saying, really believe this, welfare reform was have been federalized by the fact that Well, it is because we are wasting all never about saving money. It was they have been elected to Congress, to this money fighting terrorism in Iraq about saving people; it was about sav- watch out for the well-being of the and Afghanistan. Well, maybe they are ing families; it was about saving chil- country; and drilling, having oil rigs right, I do not know. Some of them dren from one more generation of de- just miles off the coast of Florida say, Well, the reason we have a deficit pendency and despair. where so many of us here in this coun- problem is because of tax cuts. Well, I Unfortunately, our friends on the left try go to these destinations for relax- think we can dispel that myth, because still believe in big government. They ation. let me just share with my colleagues somehow believe that big government And also as it relates to even helping some numbers from the Office of Man- programs can really solve problems. our own U.S. economy, people fly from agement and Budget. Mr. Speaker, we believe people overseas to come over and try to enjoy Since 2001 through 2005, the inflation should not go to bed hungry. themselves and, at the same time, rate here in the United States has Mrs. BLACKBURN. Mr. Speaker, I bring dollars to the United States. averaged a little more than 12 percent, thank the gentleman for his time to- They are trying to figure out how they total. We have increased spending on night. I will remind everyone that facts can go to pristine areas throughout our science, space, and technology by 21 are stubborn things. We know we do country and national parks and how percent. This Congress has increased not balance the budget by raising taxes they can stick an oil rig in the middle

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Wallace, Executive Director, the But it was the Democratic Caucus and when I say ‘‘they,’’ I am saying the Veterans of Foreign Wars, Washington and the Democrats in committee that Republican majority, how they can Office.’’ put forth the amendment, not talk, but come to this floor and ask Members to We are not making this up. This is action, to make sure that the Amer- vote to increase fees for students, the VFW. ican people no longer were being price- which is going to be handed down to Mr. DELAHUNT. That is the Vet- gouged; and also making sure that the States and they are going to have erans of Foreign Wars. those individuals in America that have to increase fees to students for college Mr. RYAN of Ohio. Veterans of For- to pay higher fees, especially our poor, education as it relates to loans. eign Wars. for heating oil and gas this winter. Ac- They also are trying to figure out Mr. MEEK of Florida. Mr. Speaker, if tion, not talk. To come to the floor and how they are going to say that their the gentleman will yield, will the gen- to just talk, without action. budget is better than the Democratic tleman from Ohio give that to the We in the minority, and by the fact alternative, and it is all about prior- Clerk so that we can enter it into the that we are in the minority, we are ities. RECORD. trying to do the best that we can to Mr. Speaker, that is the reason why Mr. RYAN of Ohio. Mr. Speaker, I fight on behalf of the American people we are here on the floor tonight. This will enter the letter into the RECORD at that sent us here to represent them is the eve of the budget vote. I will tell this time. throughout this country, we are here my colleagues this: I just do not know NOVEMBER 7, 2005. fighting. We are not just giving them how, on the majority side, they can ALL MEMBERS OF CONGRESS: The absolute lip service. We are not saying, Hey, lis- folly and moral bankruptcy of this plan is swell up about the troops, how they apparent to the United States Senate, who ten, we are going left, but we are really can get teary-eyed, how they can talk voted to bar funding for it from the appro- going right. We are not here to sugar- about the War on Terror, how they can priation bill now in conference. We have coat or glaze the reality. talk about all of the things that they heard, however, that the House Leadership The reality is the fact that they talk about as it relates to defending fully intends to strip this provision from the know that they are wrong, and they our country, and then those very indi- bill, and require the VA to execute this know they are going to have a problem viduals that are defending our country, witch-hunt of a review. with the vote. I guarantee my col- as we speak, Mr. Speaker, will come The VFW urges the Congress to put a stop leagues, as sure as my name is to this wartime assault on past and present back only to have to wait 6 months to warriors who have fought for, and continue KENDRICK MEEK, when that board opens see a specialist at the VA. to defend our country. Understand that this up tomorrow, the vote on the budget, Where is the money going to come situation is totally unacceptable to the we are going to be here for some time. from and the services if you are pulling VFW, and its 2.4 million members and auxil- We are going to be here for some time the rug out from under the veterans? iaries. We will do what is necessary to pro- while arms are being twisted, while the Mr. RYAN of Ohio. Mr. Speaker, this tect, in Lincoln’s words, ‘‘He who bore the special interests are calling in on cell is about third-party validators. This is battle, and his widow, and his orphan.’’ phones saying, you have to vote for These words are marked on the front of the not KENDRICK MEEK, TIM RYAN, BILL this because our stuff is in that bill. VA headquarters building. I urge you to take DELAHUNT; this is not just us spewing them to heart. But meanwhile, back at the ranch, I out rhetoric to the American people, Sincerely, grabbed the PAC list a little earlier. I Mr. Speaker. ROBERT E. WALLACE, did not see a PAC on behalf of people I want to read a letter that I think Executive Director, who fought for this country. I did not may be of some interest to the Repub- VFW Washington Office. even see a PAC that was put forth by lican majority as they are all deciding Mr. MEEK of Florida. Mr. Speaker, the children in America that are on right now how they are going to vote. what is going to happen is that histo- Title I and free and reduced lunches; I It is about time you get on your knees, rians are going to look at this moment did not see a PAC on their behalf to get you say your prayers before you go to right now in the U.S. Congress; they the attention of this Congress. I did bed tonight. The Republican majority are going to look at this very moment, not even see a PAC that said, Hey, lis- needs to remember this letter: as we are on the floor right now, and ten, we just want you to do the right ‘‘The absolute folly and moral bank- the Rules Committee, they are meeting thing on behalf of the American people. ruptcy of this plan is apparent.’’ He is behind closed doors, at night, in the I did not see that PAC listed on the referring to the budget reconciliation dark, making decisions that are going PAC list. package that the Republicans are to affect the American people, the ev- But I will tell my colleagues this: about ready to pass out of this Cham- eryday American people. It is going to This is very disturbing. ber. affect them. The reason why I asked the gen- This gentleman says, ‘‘The absolute This is not a hearing that is broad- tleman to put that VFW letter into the folly and moral bankruptcy of this plan cast to the American people; it is not a RECORD, and we need to put that AARP is apparent to the United States Sen- hearing, not even in the daytime. It is letter that came in yesterday since we ate, who voted to bar funding for it a hearing in the middle of the night. are helping seniors, into the RECORD, from the appropriations bill now in And what they are going to do in that because we want historians to look at conference. closed-door hearing is set the stage to the time when we had the highest def- ‘‘The VFW,’’ I say to my friends, try to come to this floor. icit in the history of the Republic, we ‘‘urges the Congress to put a stop to They cannot persuade our Members want historians to be able to look at the wartime assault on past and on this side, because we are already on when one President, with a majority present warriors who have fought for the side of the American people. We al- Congress, with a majority House and a and continue to defend our country.’’ ready know, together we can do better majority Senate, borrowed more from Mr. DELAHUNT. That is from the on this side of the aisle. We already foreign countries than 42 previous VFW. know that we put forth amendments in Presidents and 42 previous administra- Mr. RYAN of Ohio. ‘‘Understand that the Budget Committee that were voted tions, Democrats and Republican. this situation is totally unacceptable down on a party-line vote. Mr. DELAHUNT. Mr. Speaker, it was to the VFW and its 2.4 million mem- As it relates to the oil companies’ interesting to listen to our Republican bers and auxiliaries. We will do what is profits, there was a hearing today with colleagues and friends in the previous necessary to protect, in Lincoln’s the oil companies here. They must hour. I heard the word ‘‘reform’’ over words, ‘He who bore the battle, and his have heard us talk about it, and so and over again. I heard the term ‘‘fiscal

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I guess my response is, $16 billion in oil subsidies to pay for his thoughts on the committee because who has been running this place for 12 some of the other cuts that are being he stood up for veterans. He stepped years? Who has been in charge, Mr. made for poor children or middle-class out of line. He stepped out of line. Speaker, for 12 years? It was in 1994 college students. No one on the other Chairman SMITH, CHRIS SMITH stepped that the Republicans came to power side said anything about the $100 bil- out of line, because he did what he and took control of this body. Twelve lion in subsidies that are going to the thought was right. I am holding in my years ago. Is it just dawning on you pharmaceutical companies. No one said hand, and I am sorry, but I just wanted now that fiscal responsibility is essen- anything about that. And if there is to share that because we were making tial to our economy, essential to the any concern about the lack of responsi- a point earlier and I said he was off the future of our children? And reform, you bility, the incompetent leadership, committee, and then folks were look- have had 12 years to do reform. They complete incompetence, complete in- ing around. I knew that I was correct. speak of the veterans and health care Here is the legislative directory for and they recite statistics and they ability to govern, all we need to do is the 109th Congress. It has the names of were mostly newer Members of the Re- look at what has happened in the last the members on the committee, and I publican Party that spoke here to- 4 years. Mr. DELAHUNT. I say to the gen- do not blame the Members. I am talk- night, so maybe they are unaware of tleman from Ohio, how about some ing about the leadership. But there are what the Republican leadership in the welfare reform? Welfare reform for the House did about a year or two ago. The two spots there that say vacancy, va- chairman of the veterans services com- oil industry and welfare reform for the cancy. One of those vacancies was the mittee, the then chairman was the gen- pharmaceutical companies. You know, past chairman of that committee who tleman from New Jersey, someone when they speak to the issue of welfare was a Republican that could no longer whom I disagree with on occasion, but reform, they are not talking about the stomach doing what the Republican for whom I have great respect because oil industry or the drug manufacturers. leadership was asking in this House for he tells it like it is and he stands tall, No, they are not talking about those him to do. Mr. DELAHUNT. Because he sided and if he believes in something his folk. They are not talking about cor- with the veterans of foreign wars, with commitment is unwavering. He made a porate welfare. And as you just indi- the American Legion, with the disabled big mistake. He sided with the VFW. cated, $16 billion to go to Big Oil for veterans and the various veterans serv- He sided with the American Legion and what? For an industry that just had ices organizations. the DAV, Disabled American Veterans record profits. As you indicated earlier, they were Mr. RYAN of Ohio. And the American organization. These are the people who up here today, brought up here by Re- people, for that matter. understand best. They are not govern- publicans because it is so embarrassing Mr. DELAHUNT. And the American mental organizations. They are non- to have passed an appropriation and people. Because the American people profit voluntary associations of vet- provided subsidies for Big Oil, and then want to take care of the veteran. Be- erans. fore we leave the veteran issue, if any- Mr. RYAN of Ohio. Who do not give they report these incredible profits. I one who should be watching our con- money. mean, it was embarrassing. Mr. DELAHUNT. Who do not give Mr. RYAN of Ohio. Mr. Speaker, we versation this evening has any doubts, money to politicians. But because he may be a little more intense tonight do not call us. Do not call our offices. sided with them in terms of their prior- than normal, and the reason is that to- Do not call the offices of the Demo- ities, their expression of what was morrow this budget may come before cratic Congressional Campaign Com- needed to properly respect the needs of this House, and all the rhetoric over mittee. Do not call the Republican American servicepeople who have done the past few weeks may become reality Members. Do not call the Republican so much for this country, you know tomorrow on this floor. And we are not leadership. Call the Veterans of For- what happened to him? Now, they prob- going to sit up in our offices and watch eign Wars where you live. Call the ably do not know this. He got fired, for C–SPAN and watch this happen. We are American Legion where you live. MS. WASSERMAN SCHULTZ. We all intents and purposes. He was re- not going to sit in our office and turn have a very important holiday coming moved as chairman of that veterans on Chris Matthews or some MTV, VH– 1 show and just relax tonight. up the day after tomorrow, and each of services committee. And that is CHRIS The American people will be hurt if us is hoping that we have an oppor- SMITH, a man of courage and moral this budget passes this Congress tomor- tunity to go home and look our vet- principle. Mr. MEEK of Florida. If the gen- row. People who are on Medicaid will erans in the eye and tell them how tleman will yield, even more, not only be hurt tomorrow. People who are try- much we appreciate and honor them. was he removed as chairman; he was ing to bite, scratch, and pinch to send And I know that I will be able to do taken off the committee. I think he their kids to college will be hurt to- that in good conscience. I know that I was taken off the committee as it re- morrow. And veterans who fought for will stand proud with my veterans and lates to being the chairman. I am not this country will be hurt tomorrow. tell them that I did everything I could just talking about being off the com- And if they think we are going to stand and will continue to do everything I mittee, taken out of the chairmanship. up, or lay down, in our offices and turn can and House Democrats will continue But that is what you get when you the TV on or go back home to our to do everything we can to ensure that stand up against the machine. apartments and watch this happen we honor their service. Mr. RYAN of Ohio. The machine. without a fight, they have got another I certainly would not want to be any Mr. MEEK of Florida. That is what think coming, because they have taken Member of Congress with an R next to happens to so many individuals that this country, and in the last 4 years their name that votes for this bill to- stand up against the machine. borrowed over $1 trillion from foreign morrow if it comes up on the floor be- Mr. RYAN of Ohio. Will the gen- countries. In the last 224 years, we have cause, growing up, my mom always tleman yield? not borrowed that much from foreign told me that the guide that I should Mr. MEEK of Florida. Yes. countries. use when making a decision was wheth- Mr. RYAN of Ohio. I thought it was Mr. MEEK of Florida. I know you er I was going to be able to sleep well very interesting how, as we were gath- have a point there. I just want a point and then wake up in the morning and

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look at myself in the mirror and be SCHULTZ or BILL DELAHUNT or ports indicate his patience is running comfortable with the decision that I KENDRICK MEEK saying it. That is the thin inside the White House. He argues made and know that I did the right executive director of the VFW’s Wash- the right wing is now spending like thing. ington office. profligates with no tomorrow, and is Well, I wonder just how well our Re- Mr. RYAN of Ohio. They are just say- displaying a very real arrogance. What publican friends on the other side of ing stop. The VFW is telling the Re- they say about absolute power is com- the aisle are going to be sleeping to- publican Party, Mr. Speaker, stop. ing to reality. night. They have a lot for their stom- Look what you are doing. You are Those words were written by, as I ach to be churning about; and for those hurting veterans. I mean, the executive said, a former member of the Repub- that are going to wake up in the morn- director of the Veterans of Foreign lican leadership, Representative J.C. ing and decide that they are going to Wars does not just say I am going to Watts of Oklahoma, a conservative, a vote ‘‘aye’’ and support this legisla- send a letter to Congress today, Mr. man of principle. tion, I do not know how the very next Speaker. Stop it. You are going to hurt As I said earlier, we have heard about morning they are going to be able to veterans. And at the same time, you reform. We hear about we have got to stand on the podium with their vet- are giving tax cuts to people who make limit government. Well, what have erans and look them in the eye and say $1 million a year or more. You are giv- they been doing for 12 years? that they continue to honor them. ing $16 billion in subsidies to the oil Mr. RYAN of Ohio. It had to be a And, you know, we sometimes stand companies. You are giving handouts to joke. They had to be kidding. here and people listening to us or, Mr. the pharmaceutical companies, the Mr. DELAHUNT. Maybe it is just Speaker, sometimes people might wealthiest corporations in the world. that they do not get it. They have not think that, you know, this is just our And you are cutting veterans benefits. been here long enough to understand opinion, that we are obviously com- What is going on here? that they have been in power for 12 mitted Democrats and committed to Mr. DELAHUNT. Well, I think what years. I mean, we have a single-party our beliefs and our agenda. But we are is going on is that there is a misunder- government in this country today, the Senate, the House, and the White here every night not representing just standing on the part of the Republican House. And yet conservatives like the our own opinion, although we certainly leadership when they speak of patriot- President of the American Conserv- do vociferously express our opinion. We ism. Patriotism is not about a parade. ative Union, David Keen, he noted in a like to make sure that we bring third- It is not simply respect for the flag. It letter to members that Federal spend- party validators to back up the opinion is about treating the men and women ing has increased by $300 billion since that we are espousing on this floor. who go to war for us, who serve the George Bush took office, including $96 I just want to read an excerpt from a country with respect. billion for domestic social welfare pro- letter that was sent to each Member of b 2115 grams. By comparison, Keen said, Congress, all 535 Members of us, of spending increased by only $51 billion these two Chambers, on Monday, No- That is what patriotism is about. We hear a lot about patriotism on during President Clinton’s 8 years. So I vember 7, 2005 by Robert E. Wallace the floor of this House, and I am sure guess what we are talking about is the who is the executive director of the that those words are uttered with great capacity of an administration to spend Veterans of Foreign Wars Washington conviction and sincerity. But I guess money wisely and effectively. office. And I am hopeful that I am not what we are trying to convey is that We heard about welfare reform, Mr. being repetitive. I am not sure if you patriotism is not just rhetoric. Speaker, and yet we have created a have already read his words. But, you Remember what Franklin Delano welfare state for major corporations. know, for those that may question Roosevelt used to say during World We have created in Iraq a welfare state whether or not we know what we are War II? Shared sacrifice. Who is sacri- for Iraqis. And as we have said here be- talking about or that we are exag- ficing for our veterans? Those that re- fore, it was the Republican majority gerating or engaging in hyperbole when ceive this egregious tax benefit who are that insisted that the money that goes it comes to what is in this bill and the among the most affluent in America. I to Iraq, to rebuild Iraq, never be paid priorities of the Republican leadership daresay if those people were inquired back to the American taxpayers. That versus our priorities when it comes to of, one by one, they would say, Take just does not make any sense. That commitment to veterans, he says: that tax break; I want the veterans to makes absolutely no sense. And we ‘‘Dear Senator or Representative. To be respected. stood here on this floor and said, Make all Members of Congress, we have at Ms. WASSERMAN SCHULTZ. Mr. it a loan so that we get the money the Veterans of Foreign Wars of the Speaker, I heard some of our friends on back, so that we can use it to control United States, VFW, observed for the the other side of the aisle taking issue the deficit, this deficit that is the prod- past several months astonishing efforts or calling into question what we have uct of this administration and this to cast veterans who have been found been saying about what they would Congress. to be severely disabled by the Depart- propose to do to our Nation’s veterans. When Bill Clinton left office, there ment of Veterans Affairs’ own deter- I did not notice them holding up any- was a surplus of $5.6 trillion. And I minations as undeserving of the vet- thing in black and white that disproves kept hearing something about facts erans benefits their grateful Nation has what we are saying. over here. Well, that is a fact that they provided for them in the law. This as- Mr. DELAHUNT. Did you hear about should recognize, the Republican ma- sault on the most vulnerable members reform? jority. Bill Clinton left a surplus for of the veteran community, disabled in Ms. WASSERMAN SCHULTZ. I did the American people. And what do we service to this country and suffering not notice. have now? We have trillions, trillions from post-traumatic stress disorder, is Mr. DELAHUNT. Did you hear about of a deficit that will explode in future broad in its scope and execution. At a limited government? Did you hear years harming the interests of genera- time when the VA should be preparing about fiscal responsibility? tions of Americans to come. to serve combat veterans returning You know what is interesting? I Ms. WASSERMAN SCHULTZ. And from the war on terrorism being fought served with a gentleman who is a gen- their answer to the deficit that they in Iraq, Afghanistan and elsewhere, uine conservative and he was part of have ballooned is to not just hurt vet- they are expending their limited re- the leadership on the Republican side. erans, but to hurt people just when sources planning a systematic effort to He chose not to run again. And I guess they are on the cusp of being able to reduce or remove benefits earned by that must be a very liberating experi- make a change and turn the corner in the parents and older siblings of the ence, because he recently spoke out their life. There are $844 million in food troops fighting in the field today.’’ and this is what he said: stamp cuts in this bill. Well, that is not TIM RYAN saying it. Our President is publicly oblivious to Now, I have heard some of our friends That is not DEBBIE WASSERMAN criticism, although off-the-record re- on the Republican side of the aisle

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00179 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25662 CONGRESSIONAL RECORD—HOUSE November 9, 2005 argue that there is fraud in the food sistance programs, including 70,000 very bad budget. I hope that we can stamp program and that there are peo- legal immigrants, according to the adopt the Democratic budget that is ple who are collecting food stamps that nonpartisan Congressional Budget Of- sensible, that put us on the trail for do not deserve it or maybe we do not fice, which is the office that we get our fiscal responsibility by 2015, to make have as many people who need food economic facts from. sure that we prioritize on behalf of stamps these days. Well, today, not Those immigrants would lose their Americans and not on behalf of special yesterday, not 5 months ago, not a year benefits because the House measure interests. ago, today, this is a picture of a line of would require legal immigrants to live b 2130 25,000 people, 25,000 people in Broward in the United States for 7 years before County where I am from, who lined up becoming eligible for receiving food So you are 110 percent right. If things as early as 3:00 in the morning to sign stamps. About 40,000 children would happen at all the way it appears here up for food stamps following Hurricane lose eligibility for free or reduced-price under this Republican majority, it will Wilma. lunches, the CBO estimated. The food pass. It will pass because they will lit- Now, I checked to make sure that I stamp cuts, if approved, will especially erally make their Members vote for it. was being accurate when I came down affect 11 States, including Maryland, Mr. RYAN of Ohio. I appreciate that. here tonight. This food stamp applica- that use the changes in the food stamp So we go through this bill here and we tion process is through the regular food law, approved with the President’s sup- look at the cuts. stamp program, nothing special, no port in 2002, to expand eligibility and Medicaid cuts on poor and working- special appropriations, nothing from to simplify the application process. class families who are trying to get FEMA. This is 25,000 people, most of Under the House measure that we some health care for their kids, stu- whom have never before applied for will consider tomorrow, eligibility for dent loan cuts $14.3 billion; $24 billion public assistance. food stamps would be tightened to ex- in reduced child support collections. It Now, if the Republicans are going to clude some recipients, get this, who is going to knock 300,000 Americans off say that there are not people in need qualify for nutritional support simply food stamps. Many of them have been and that it is more important to cut because they qualify for other anti- displaced because of the natural disas- taxes for the wealthy then to provide poverty programs funded by the Fed- ters. 40,000 kids are going to get kicked for the people who are standing in this eral welfare program known as Tem- off school lunch programs. Foster care line, who have already been through so porary Assistance for Needy Families, is going to take a hit of 7 or $800 mil- much, then really I guess we are serv- not eliminate fraud, not eliminate peo- lion, I believe. Veterans are going to ing with many who are serving in this ple who are not supposed to be getting get cut $600 million. There is a funny Chamber without conscience. food stamps, but eliminate people who thing here because at the same time all Mr. DELAHUNT. Mr. Speaker, may I already qualify because they qualify this is going on, our friends who make say something? for other poverty programs. more than a half a million dollars a I do not know if the gentlewoman And then today we have 25,000 more year are going to receive a tax cut had the opportunity to listen earlier to people in one county applying for the worth $70 billion. our friends and colleagues, but they same program that we are going to cut So as all of these programs on college talked about common sense and they 300,000 from tomorrow if this bill students and their parents, Medicaid, talked about respect for families. And passes. child support, food stamps, veterans, yet in their proposal there is a cut of Where is outrage? Where is the con- foster care are getting cut, there is some $5 billion in a category called science? I want to know how our col- going to be $70 billion in tax cuts for child support enforcement. leagues are going to sleep tonight people who make more than a half a Now, common sense would dictate knowing that they have to cast this million dollars a year; and before I that if you invest money, if you invest vote tomorrow. yield over there to my friend from $1 and get $4 in return that you do it Mr. RYAN of Ohio. Mr. Speaker, we Florida, there is something funny because that is a good deal. Well, that have been talking for a little while about this list that we have here. is a bureaucratic term, child support here. I think it is important for us to I am looking at this: poor kids and enforcement. Really what it comes just kind of recap before we get on to poor mothers on Medicaid, who have down to is, in most cases, deadbeats, something else. their kids on Medicaid; college stu- deadbeat fathers who are running out The Republican budget that is going dents who are just trying to get a bet- on their obligation to their children, to pass this House tomorrow, probably ter life, improve themselves; kids on leaving mom and the children without without one Democratic vote, probably child support and mothers who are re- any support, and forcing them onto anyone on this side of the aisle will not ceiving child support; people on food welfare. vote for this bill because of the egre- stamps; kids and families who qualify So instead of really demonstrating gious cuts in there. for the school lunch program; veterans. common sense, this Republican budget Mr. MEEK of Florida. Mr. Speaker, Ms. WASSERMAN SCHULTZ. Mr. reduces the enforcement of audits on let me just say real quick, the gen- Speaker, do you know what that is fathers to provide support for their tleman said, when it passes the House called? That is called taking from the children and former wives. It elimi- floor tomorrow, and I think the reason needy and giving to the greedy. nates that or reduces it by $5 billion, why you said that, because I know per- Mr. RYAN of Ohio. Exactly right, and and that translates, if you look at it as sonally that the gentleman has there is a funny thing here. It is that a business decision, into a loss of some watched on 3, 4, 5 major votes, that 20 none of these groups who are going to $20 billion, $20 billion that would go to minutes into the vote, 30 minutes into face the cuts tomorrow from our Re- support children in this country. the vote, 1 hour into the vote, 90 min- publican friends have a lobby group on Ms. WASSERMAN SCHULTZ. Let us utes into the vote, the arm-twisting, Shakedown Street, on K Street, not just make sure people understand and the squeals, the cries from this side of one of them. There is no lobby group the Speaker understands that we are the aisle of individuals getting ham- for the college students who are going not talking about made-up numbers mered, literally, with their hands on to have to pay more on student loans. here that we are just pulling out of the table saying that you will vote for There is no lobby group for the kids thin air. this. You will vote for this. And that is who need foster care. In the Washington Post last Thurs- the reason why the gentleman is speak- I hope, Mr. Speaker, that the Amer- day, another third-party validator, ing in those terms, ‘‘when it passes.’’ ican people recognize that this budget they describe the cuts in this bill and But I am going to say something. I is bought and paid for by the special in- they go on to say, The food stamp cuts believe in the spirit of the American terests on K Street, down on Shake- in the House measure would knock people. I hope it rises up tomorrow in a down Street, because our friends who nearly 300,000 people off nutritional as- way that it should rise up against this are given the tax cuts will not take the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00180 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25663 $16 billion from the oil companies that Act for over 40 minutes to pass the en- the Congress over an 18-month period they are giving in subsidies. They will ergy bill, Republicans, which also from October 1996 to March 1, 1999. The not reduce the cost of the Medicare passed by two votes because of the arm Government Accountability Office part B prescription drug bill. They will twisting. found that during that period the not do it, the billions that are going to On November 22, 2003, the majority White House staff spent, alone, over go to the pharmaceutical industry. held open the vote for 3 hours, the 55,000 hours responding to over 300 con- Those people are off the table. The Re- longest in the history of the House of gressional requests, producing hun- publican majority will not cut from Representatives, on the prescription dreds of thousand of pages of docu- them. drug bill. ments and videotapes and audiotapes They have to go to poor kids who Then on the Central American Free to the Congress. qualify for free and reduced lunch to go Trade Agreement on July 27 and 28, it They called 134 Clinton administra- try to balance the budget; and at the has two dates because the clock was tion White House agency officials to same time, they are giving more tax held open so long. For a 15-minute hearings concerning allegations of the cuts. It is frustrating to me as a Mem- vote, the vote was held open for over Clinton administration. The witnesses ber of Congress, from a district that an hour; and it passed on a 217 to 215 were called to appear before the com- has a high unemployment rate, a dis- vote. mittee and in public session, not secret trict that 50 percent of the people in Here is the evidence. It is in the session, but public session, so the my district who pay taxes did not even RECORD. I do not need to enter it. It is American people can see it. The White receive a tax cut and many who either already there. House chief of staff and the counsel to qualify for these programs or want to When you talk about how can this the President, the counsel to the Vice qualify for the student loans and the happen, how could this be allowed to President, all of them were called here, Pell grants so they could improve their happen in America, as we speak now, spent over 568 hours in depositions with lives are going to get hurt because of the Rules Committee is meeting in a staff. That is just with staff. They also this. dark room just above this Chamber, provided discussions between the Presi- At the same time, the lack of leader- trying to figure out how they are going dent and his advisers. President Clin- ship, the incompetence, the inability to to come to the floor under the lights ton waived the executive privilege and govern in a way that will improve the and the cameras and justify voting for allowed these advisers to testify before country and invest in the country con- a budget like this. the committee about their discussions tinues down here, this is a disgrace. I am wondering where the majority’s with him. This budget is an absolute disgrace, letters are from Family U.S.A. that is Internal White House e-mails, over and you take any American and you saying that these Medicaid cuts that $12 million was spent to reconstruct ask them to come down here and be the the House has, that it will cause enor- those e-mails. Confidential conversa- distinguished gentleman like the mous hardships out there. Where is tions within the White House counsel’s movie and come down here and try to their letter and support from the office were provided to the Congress, make the decisions that we have to AARP, the largest retirement organi- but now we have questionable intel- make and you look at what we look at, zation in the world, that is saying that ligence that sent us to war. We have a there are not many Americans who they are against the Medicaid cuts be- CIA agent that has been outed, and this would say giving tax cuts to people cause it will affect seniors? Where are is what the Republican Congress does who make $1 million a year and cutting their third-party validators, these non- now. from the middle class, cutting from partisan groups? I have to question Well, we know that CIA agents are Medicare, cutting from our seniors’ that because I cannot help think about being outed, but we are not looking health care program or the poverty what we are facing right now. over there because our friends may be programs in this country is somehow We are facing allegations in the embarrassed. It may jeopardize na- okay. White House of outing a CIA agent and tional security, but that is not impor- One final comment. We heard from a several other agents because someone tant. It is all about making sure that lot of the religious organizations thought that it would be politically we stay in power and that we do not through the course of the last election, right for them to share classified infor- pay attention to what the American the Christian Coalition. I spent 12 mation about a clandestine agent with people constitutionally have asked us years in Catholic schools, and I remem- reporters. This is not what I am saying; to do, to provide oversight and to give ber the Christianity I learned about this is what the indictment says. the American people a voice when had more to do with helping people You know what I did get, not from wrongdoing is evident, et cetera, et who were not doing so well and trying help from the majority, but we finally cetera, et cetera. to do your best to lift them up. To lis- got the list of the subpoenas that were It is a shame. It is a shame that this ten to the rhetoric come out of the or- issued under the Clinton administra- is happening as we speak in this Con- ganizations, not the members of the or- tion versus the Bush administration. It gress. ganizations because there are a lot of saddens me to see that the Republicans Ms. WASSERMAN SCHULTZ. But do Christians in my district, these cuts of- can provide oversight when they want not worry because last week President fend them. The people who work at to. They can get to the bottom of what Bush rode in on his white steed to the Catholic Charities, this offends them; actually happened when they want to. rescue of the American people and ad- and for the organizations who say they I will tell you this, just one com- dressed the culture of corruption and are religious to be deaf on this issue is mittee I am going to take, just one cronyism and lack of competence that an outrage. committee, the House Government Re- is going on and emanating from the Mr. MEEK of Florida. Well, there is form Committee issued over 1,089 sub- White House. nothing more evident than the truth as poenas to the Clinton administration. Mr. DELAHUNT. What did he do? it relates to this budget, and I men- That is the record. That is not my re- Ms. WASSERMAN SCHULTZ. He re- tioned earlier about holding the clock port; that is what the record reflects. quired all of the White House staff to open and violating the spirit of the Ninety-seven percent of those sub- take an ethics refresher course this rules of the House when there is a 15- poenas were targeted towards the Clin- week. minute vote called. It is customary to ton administration and the Democratic Mr. DELAHUNT. Is that mandatory? give Members 5 extra minutes to get Party. Only 11 subpoenas for the Re- Ms. WASSERMAN SCHULTZ. Oh, here to vote, but it is not customary to publicans, 11 out of 1,089. yes, do not worry. White House staff hold a clock open for 3 hours. It goes on further to say that the attendance is mandatory for anyone Let me just say, October 7, 2005, Re- GAO, this is the Government Account- holding any level of security clearance. publicans held open a 5-minute vote on ability Office, examined the White Mr. DELAHUNT. Is this a semester- the Gasoline for America’s Security House’s efforts to provide documents to long course?

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00181 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25664 CONGRESSIONAL RECORD—HOUSE November 9, 2005 Ms. WASSERMAN SCHULTZ. No. Mr. DELAHUNT. And if you disagree So I hope that kind of poster is never This is a 4-hour class that actually I with them, what happens? presented. But I will say that I have think it is being given this week by Mr. RYAN of Ohio. You get punished. heard that challenge made in a number White House counsel Harriet Miers’ of- Mr. DELAHUNT. Right. Ask General of different oblique ways. fice, who, of course, we know has been Shinseki, who was dismissed when he I have looked into the eyes of this doing such a bang-up job at guiding the disagreed, when he gave just a different President, and I think there is a dis- White House through their ethical mo- opinion as to the number of troops that tinction that should be made in a very rass. were going to be required in Iraq. He clear way to the people here on the Mr. DELAHUNT. Not being facetious said 300,000. The then-Under Secretary floor every night, the 30-something for a moment, we have, I would submit, of Defense, Mr. Wolfowitz, said, Hey, Group and all the Members of this Con- a very serious problem in terms of the that is vastly overrated. Subsequently, gress, Mr. Speaker, and the people in health of our democratic institutions. we have discovered that the good gen- this country, and that is there is a dif- There has not been, and if you reflect, eral was correct. ference between a mistake and a lie. you will not be able to identify another What about Larry Lindsey, who was I look back on a Presidential cam- administration with the obsession for an economic adviser to the President paign, and I remember the face and the secrecy that this administration has. and who came out with an estimate voice of Charlton Heston as it came on What I found particularly inter- that the range of dollars that would be television over and over again. He said esting, the Republican chairman, high- necessary in Iraq would go from $100 to the previous President over the air- ly respected, former Governor of New billion to $200 billion. We are way past waves of television, ‘‘Mr. President, Jersey, Tom Kean, who headed the $200 billion now. But the administra- when you say something that’s wrong independent 9/11 Commission report, he tion, the White House, kept saying it and you don’t know that it’s wrong, observed that many so-called classified will not exceed $60 billion. The Amer- that’s a mistake. When you say some- documents he reviewed in the course of ican people should remember that. thing that’s wrong and you know that their investigation were not true se- And what happened to Larry it’s wrong, that’s a lie.’’ That distinc- crets as much as there was information Lindsey? He got bumped too. tion seems to be lost amongst many of that was publicly available. Mr. MEEK of Florida. If my colleague the Members of the minority party in will give out the Web site before we this Congress. b 2145 have to close. And by the way, I would not concede It just did not make any sense at all. Mr. RYAN of Ohio. We want an op- that the President has made a state- And what we have seen is a 25 percent portunity to take this Congress and ment that was even wrong, let alone a increase on documents being classified this country in a new direction, change mistake, and certainly a long ways almost on an annual basis in this ad- the way we are going and derive some away from a lie. When you look into ministration. We know that they independence. We are at 30something the eyes of this man we have as our refuse to submit to any oversight or [email protected]. That is 30, the commander in chief, you see those eyes any accountability, and the American number, at mail.house.gov. look back at you with conviction. You people should know that. Mr. MEEK of Florida. Mr. Speaker, I hear it in his voice, you can see it in In a moment of candor, a friend of want to thank the Members for joining his bearing, and you can see it in his ours, again a senior member of the Re- us here this hour. I look forward to actions. publican Caucus, had this to say. He being back on the floor, all of us, in I would like to go back to an event aptly characterized recent congres- one more hour when my colleague that maybe was not designed to be spo- sional oversight of the administration. claims his hour so that we can con- ken about necessarily in public, but I This is Mr. RAY LAHOOD, a very solid tinue sharing good information not think it speaks well of this President, Member and someone respected on both only with the Members but the Amer- so I want to mention it at this time. sides of the aisle. These are his words, ican people. A few Members of Congress were in- not mine. This is RAY LAHOOD, whom Mr. Speaker, I thank the Democratic vited to the White House for a small the Speaker and every Member in this leadership for allowing us to have this luncheon. It was on a Monday noon, body knows and respects. hour. and I recall it was the Monday noon Mr. RYAN of Ohio. Good man. f after the Columbia had gone down on Mr. DELAHUNT. ‘‘Our party controls Saturday. It was a hard time for all of the levers of government. We are not THE PRESIDENT, AND THE WAR us. We saw our space program go up in about to go out and look beneath a ON TERROR flames, along with the lives of the bunch of rocks to try to cause heart- The SPEAKER pro tempore (Mr. brave men and women that were up in burn.’’ FORTENBERRY). Under the Speaker’s space. We knew that our NASA pro- In other words, you have a shroud of announced policy of January 4, 2005, gram was going to be suspended for a secrecy that has descended around the the gentleman from Iowa (Mr. KING) is good, long time. democratic institutions that are con- recognized for 60 minutes. Thankfully, we are back on track, at trolled by the majority party. That is Mr. KING of Iowa. Mr. Speaker, I ap- least to some degree. dangerous. preciate the opportunity to be recog- I was surprised that the President Mr. RYAN of Ohio. If the gentleman nized, and as I get organized here, I had gone ahead with the luncheon that will yield, this is about protecting would point out that I have had the day, because I believed he would be their party. If the Republicans control privilege to listen to this dialogue here taking care of so many issues that he the House and the Senate and the tonight. I know that this group comes would not have time to sit and talk White House, and they are not being to the floor nearly every night, and with us, but he did. There were maybe investigated to find what went wrong, that shows a certain kind of tenacity, 15, 20 people in the room, a few of the whether it was Katrina or the CIA leak and I appreciate that effort they put President’s closest staff and about 10 or or Karl Rove or ‘‘Scooter’’ Libby or the into this. But I wanted to just start so, maybe a dozen Members of Con- Vice President’s role in all this, or how down the list of some of the things that gress, myself among them. are we going to balance the budget, if I heard and address some of the re- As we sat around the tables and had the Republican Party is not willing to marks. our lunch, the President got up and investigate those problems, those situ- I happen to have seen a poster that I stood at an old, rickety, wooden po- ations, then they are putting the Re- hope was not presented here, because I dium, a podium not as stable as this publican Party before the interests of believe it would have challenged the one. I wondered if it was really quite the country. And that has been the mendacity of the President, and I be- suitable for the White House. And as he consistent modus operandi of this in- lieve that would have been out of order leaned on the podium this way and stitution. here in these Chambers, Mr. Speaker. that way, he went through the whole

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00182 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25665 spectrum of issues that we were con- ple who are pledged to kill us. Yet I Mr. Speaker, those men and women cerned about at the time, Mr. Speaker. still hear from the other side of the in uniform went to war as the single He talked about the impending oper- aisle that somehow, if we would just highest quality military ever to take ations in Iraq. He talked about our na- pull our troops all back home to the the field in any war, and I am including tional security and al Qaeda, and about shores of the United States of America, this entire war against the militant Is- September 11. He talked about the plant more flowers around our bases, lamic extremists in Afghanistan, Iraq, overall budget and the tax cuts that we and ask them how can we better under- and whatever theater we might be in needed to stimulate this economy. And stand you, can we sit down and have right now and not know about, or he talked about education. Now, re- some kind of an encounter session, can whatever theater we will be in in the member, we had not gone into Iraq at we somehow feel or emote in some future and find out about sometime that point. It was speculated about cer- other way so we can connect with the down the line. tainly, but we had not gone in at that people pledged to kill us. The reasons for that high quality are point. I do not believe you can negotiate many. One of them is that we have a As he got through the education with people like that. They want to es- strong mix of our National Guard peo- cases, he said, just a minute. I want to tablish their caliphate across this ple. These volunteers had a little more back up a minute and I want to tell country and across this world. Their age on them, probably more gray hair you this with regard to Iraq. My critics number one enemies are capitalism, in this military than we have ever had have me wrong on Iraq. The media has coupled with Jews or Christians. I before in a foreign war. But this is a me wrong on Iraq. There is only one think they actually prefer Jewish cap- day when we have high technology. It person that orders our men and women italists first, probably Christian cap- takes a lot of technology and a lot of into battle, and that is the person that italists second, but anybody that is not training to be able to manage that hugs the widows and the widowers of like them, even other Muslims. If you technology. those who do not come back home. look at the death loss around the Our National Guard and military Re- I will never forget the tone of his world, I think you will see that al serves are seasoned to the point where voice, the look in his eye, and the look Qaeda and their colleagues have killed they bring their professionalism from on his face. He told me afterwards that really more Muslims than they have their walks of life into their military, to finally give that order, he knew it any other category. and when they are deployed overseas was going to be hard, but it was a lot But, Mr. Speaker, they hate us worse they perform extraordinarily well. Cou- harder when the time finally came that than they hate the other Muslims, be- ple that with an outstanding active he had to make that decision and give cause some of the other Muslims are duty force, all of them volunteers, be- that order. sympathetic. In fact, many of them are I look at this entire operation in this sympathetic, and that is another part cause everyone who has gone to war view of the war in the Middle East and of the problem. But we have seen the has gone as a volunteer, that does in this war against terror and this war terrorist cells in Afghanistan and in something for the spirit. That does against militant Islamic extremism, Pakistan, and we went there and set- something for the esprit de corps, as and I will always see those eyes and tled that question. they say in the part of the world that hear that tone in his voice; and I will And, by the way, for the first time in is in flames now, which would be always understand that this is not a the history of the world they had free France. And I may get to that subject President that would give an order elections on the soil of Afghanistan, matter before this hour is over, Mr. that would put anyone in harm’s way Mr. Speaker. It was an astonishing ac- Speaker. and do so for any reason other than a complishment, something never ac- b 2200 profound conviction that it was nec- complished before in their history. I want to speak highly of the people essary for the protection, the preserva- We went there so quickly and were who went to Afghanistan. We have lost tion, the future of the people in this successful so quickly that most people 200 Americans in Afghanistan, liber- country and the destiny of the United in this country do not remember the ated 25 million people. That is a legacy States of America. Never would that voices of the naysayers, the voices of for the world and a legacy that the order come unless it fit that standard, the people that said no one has ever United States is leaving there for them unless it fit that very high standard gone up the Khyber Pass and not been to pick up as they earn their freedom. and that qualification. slaughtered. No one has ever been able The order was given. And it seems as to go into Afghanistan and invade or Why is nobody saying, Pull your though there are a couple hundred liberate and occupy. It is impossible to troops out of Afghanistan? Can their Members in this Congress that do not bring freedom to people that have troops not handle the security? Can Af- understand this war against terror, as never experienced freedom before. The ghanistan run their country them- we define it, and this war against mili- American military cannot do what has selves? Why is no one on this side of tant Islamic extremism, as I define it. never been possible before in the his- the aisle addressing that? Why are they I would point out, Mr. Speaker, that tory of the world. not saying, Get the troops out of Af- this battle that is going on in Iraq It came from this side of the aisle, ghanistan, or Kosovo, for example. right now is a battle. It is not a war; Mr. Speaker, over and over and over Mr. Speaker, the President that or- we are at war with an entire group of again. And it was only muted when it dered the troops into Kosovo promised people who are philosophically opposed was clear that there was a full victory the world that our troops would be to us, and we have known that for a established in Afghanistan. And when back from there in 1 year. I have to go long time. we saw the elections come up, we had back and check the calendar, but I We did not do anything to offend at least 750 Iowa Guardsmen on the know it has been over a decade; I ex- their sensibilities, not to such an ex- ground in Afghanistan protecting the pect it is 12 years. They are still there. tent to justify losing 3,000 Americans voting booths, protecting the travel No one on the other side of the aisle is in the attack on the Twin Towers and routes to and from the voting booths to saying, Bring the troops home. No one the Pentagon and on the plane that make sure that there would be free and is saying the President previous to our went down in Pennsylvania. That was fair elections in Afghanistan. It was as- current President Bush, no one is say- an unprovoked, sneaky, stealthy, I tonishing accomplishment, an accom- ing, He did not tell the truth to the guess I would say a pretty well plishment that came about because of American people when he ordered strategized attack on American people. the vision of George W. Bush, because troops into Kosovo and said, They will We had never had that loss of life on of the courage, the training, the tactics be back in a year. But I would submit our own shores in the history of this and technology of our U.S. military that the accuracy of this President ex- country. and because of the selfless sacrifice and ceeds the accuracy of that statement. That should epitomize the level of risk that was taken by our men and So we have troops in Afghanistan, the hatred that is embodied in the peo- women in uniform. and 200 Americans have lost their lives

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00183 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25666 CONGRESSIONAL RECORD—HOUSE November 9, 2005 there. One of my constituents was lost ner to listen to her keynote address. erners, mostly Muslim, probably all there, the son of a friend of mine. I But President Arroyo said, Thank you, Muslim, that are running all over the stop at his grave, and I commemorate America; thank you, America, for send- streets of Paris as I speak, burning ap- him and all of the soldiers we have lost ing the United States Marine Corps to proximately 1,000 cars a day, and build- from time to time. That is how I sym- the Philippines in 1898. Thanks for ings, and attacking the very facilities bolize his loss, it is how I remember ev- their sacrifice, thanks for liberating designed for them. eryone. us. Thank you for establishing that So how is that Saddam Hussein could I remember the freedom in Afghani- stability and establishing a stable gov- have been cooperating with Osama bin stan and the pride that the remaining ernment in the Philippines and allow- Laden when bin Laden is an Islamic troops had when they came home, how ing us to be a free people. fundamentalist and Saddam Hussein is his father led them all in with a big Thank you for sending your mission- a secular Arab and a Baathist and a American flag on the back of his mo- aries over to the Philippines that Sunni? They could not get along, sure- torcycle, and how the highway was taught us Christianity. Thank you for ly, because they are not motivated by lined with American patriots who sending 10,000 American teachers over the same things. stopped, took off their hats and saluted to teach the Filipinos reading, writing We forget about this thing that the that young man that had given the ul- and arithmetic. Thank you for teach- enemy of my enemy is my friend. Well, timate sacrifice and helped free 25 mil- ing us your language because we we are the enemy of those enemies. It lion Afghanis, and no one is saying, Let learned English, and today 1.6 million is easy for them to be friends, whether the Taliban grow their ranks or let al Filipinos leave the Philippines and go you are secular or a fundamentalist. In Qaeda go back into Afghanistan. No work anywhere else they want to in the fact, Saddam had the entire Koran one is saying, Bring them home, Mr. world, and send that money back to written inside a mosque with his blood. President. What is the difference be- the Philippines because they have a It is kind of hard to be secular when tween Afghanistan and Iraq? command of the language that is uni- you give that much blood to be written I think the people that are critics of versal in the commercial world. All of inside a mosque. the operations of Iraq ought to draw a these blessings have come from the So he kind of joined himself with his distinction between Afghanistan and freedom that came to the Philippines blood with Osama bin Laden. There is a Iraq. I believe from a national stra- as part of the Spanish American War, I philosophical connection. You do not tegic standpoint they are one and the will say. have to be on a e-mail list and distribu- same. They are not the same by the Now we have a friend over there in tion tree from Osama bin Laden to be numbers of casualties. By those that the Philippines. Now we have a people wired in with the philosophy world- say, We have reached the 2,000 death that speak English, who are engaged in wide. So this network rolls around casualty list in Iraq, bring them home, commerce. And because of that, a peo- here. People can work autonomously. that is too many casualties, none of ple who understand democracy and a The bombers in the subway in London those people had the courage or the constitutional republic. That is an ex- may or may not have had direct orders foresight or the conviction to make an ample of what happens when you are from Osama or Zarqawi or whoever else announcement as to what was a toler- willing to take a risk, when you under- the leaders might be. able number of casualties to free an- stand that this mantle of freedom is The people that are out running in other 25 million people. not something you can wear lightly, the streets of Paris today, I do not No one was willing to speculate how and it is not something that comes think each one of them gets their daily many lives they would be willing to in- without responsibility. marching orders from on high. It be- vest of American patriots to preserve There were people that believed that comes spontaneous after awhile. You and protect the lives of 282 million prior to September 11 and, in fact, even get a sympathetic support and a kind Americans. No one is willing to say it after September 11 that we did not of synergy that grows and a philosophy is not worth risking a single American have a responsibility to the rest of the that connects. And they start to think, life to protect 282 million Americans. world, that we could just retreat back if they can cause this trouble, so can I. No one is willing to look back in his- to our own shores, our own borders, run If they can blow up this embassy, I can tory and say, I wish we had not stepped the United States of America, dis- blow up the USS Cole. And if Ramzi in and defended ourselves in Korea or regard the rest of the world, not do any Yousef can go in and strategize the World War I or World War II, I wish we trade treaties, not engage in any for- first bombing of the World Trade Cen- had never fought the Civil War to free eign conflicts. If we were not at risk, ter, the next person can come along the slaves or fought the Spanish Amer- we should not be involved in anything and figure out how to fly two planes ican or Mexican American, or I wish we else going on in the world. into there and take it down. It does not had never fought the Revolutionary But we know what the history of the have to be one command person sitting War. world is. In fact, I take you back to the at the top distributing all of this. None of those people that say that years that built up to World War II, Now going back to World War II, and risking a single American life is never and I want to compare that to the war that is that people in those days prior worth it is willing to go back and un- we are in now against terror and the to World War II had a little trouble ravel history. They would not be stand- militant Islamic extremists. connecting how it could be that a na- ing on the floor of this Congress if not We are having trouble today con- tional socialist, a Nazi like Hitler, for the lives of the brave men who have necting the idea that you can have al could be connected with and allied with gone before us who have carved out our Qaeda that is run out of perhaps the a Fascist like Mussolini in Italy. That freedom from the jaws of tyranny. mountains in Pakistan, Afghanistan, did not quite fit. People said they are That brings us back to 1898. I recall a up in that region. So al Qaeda is there, not philosophically connected. And we speech by President Arroyo of the Phil- and some of the other sympathizers had the civil war going on in Spain, ippines here in Washington, D.C., at that are around the world. There are a and people did not put it together as one of the hotels. My wife and I went whole number of different splinter any kind of axis powers. There is no to that dinner and sat and listened to groups, groups that are in Iraq and In- genesis of the axis of powers. that speech. I believe I was the only donesia. We have seen these attacks Furthermore, how could, for exam- Member of Congress that was there to around the world, and we know there ple, the Soviet Union be allied with and hear the speech, the rest was downtown are cells all around the world. make any deals with Hitler because people and other Representatives. We know there are second-generation they really are not philosophically con- She was not speaking to the faces of Pakistanis that set off bombs in the nected. One is a Nationalist-Socialist Congress, she was speaking to Ameri- subway in London. We have first-and and the other is a Socialist or a Com- cans. She saw that group as a few hun- second-generation Middle Easterners, munist, take your pick. And I say, if dred Americans that had gone to din- both North Africans and Middle East- you take people’s freedom away at the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00184 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25667 point of a gun, you are a Communist. private sector do that, and we recog- they are not. But a people that are de- Stalin was a Communist. nize the French have a different view. termined to kill them, and yet there is You look across and you see that the What I saw were probably hundreds no organized head from the top to the revolution was beginning to form itself and perhaps thousands of radical Mid- bottom. The French cannot go sur- in China, culminating in 1949. And dle Eastern, North African Muslim render to Osama bin Laden. They can- looking at the Japanese, they invaded demonstrators running all over the not find him. They cannot find Zarqawi Manchuria and wound down the coast place with Molitov cocktails, torching and surrender to him. In fact, if every of China. They invaded Singapore. How buildings, torching cars and trucks, at- Frenchman held up a white flag, and I in the world could the Imperial Japa- tacking schools and libraries and imagine some have by now, there is no- nese have something in common with churches. Yes, churches. You will lis- body to surrender to. They do not want the Nazis in Germany and be tied with ten to CNN for a long time before you us to surrender. They want to kill us. an axis power effort of the Fascists in will hear ‘‘church burned in France.’’ They want to take over Western Civili- Italy? And how does it work with the And you will listen to ABC, NBC and zation. They want to destroy Western Soviet Union in the middle that really CBS a long time before you will hear Civilization. has a little bit of trouble figuring out the words ‘‘church burned in France.’’ And I happen to believe that Western Civilization, as civilizations go, has who their friends are and who their en- b 2215 emies are? been a great gift to all the people in All of that was an unfathomable In fact, we will listen to them for a the world. I would be willing to state equation to most people until Sep- long time before they will say ‘‘Muslim also, Mr. Speaker, that of all of the tember 1, 1939, when the Soviet Union, youth’’ torch anything in France. They missionaries that have ever gone to Af- and I will say the Russians, and the will say ‘‘youth,’’ ‘‘disgruntled youth,’’ rica or to anywhere in the world, and Germans carved up Poland. It did not ‘‘unemployed youth,’’ ‘‘disenfranchised God love them for all the work they last very long. It was over in a matter youth.’’ But they do not want to say have done and it has been a lot of good of 3 weeks. ‘‘Muslim youth attack France.’’ work, free enterprise capitalism has Then they began to see maybe they So what do the French do when they done more for the world, more for the can find a way to cut a deal, shake are being attacked? Essentially we well-being of humanity than all of the hands and make a treaty. So World could define it as a civil war going on missionaries that ever went anywhere War II began. As it began, we did our there right now. Had I been Jacques from a standard-of-living standpoint, best to stay out of it. We did a lend- Chirac, I would have declared martial from a medical care standpoint. lease program, and we tried to help the law a long time ago. I would have put I would submit, Mr. Speaker, that Allied powers. the French troops out into the streets. the investment of capital and the de- The British essentially were standing I would have established a curfew. I sire for profit has developed this tech- there without a lot of help. The Aus- would have had people on the rooftops nology that has raised everyone’s tralians were with them from the be- with infrared sniper rifles. We would standard of living. And the health care ginning, and then the attack came on have said looters will be shot on sight. that we have, because we have research Pearl Harbor from the Japanese. As Anybody with a molotov cocktail, we and development for pharmaceuticals, soon as that happened, as quick as ad- will try to shoot that molotov for you for example, for new surgery tech- ministratively it could be done, Hitler from the roof so you can experience niques, for preventative health care, and Germany declared war on the what it is like when you are at the most of that was driven as a desire to United States. other end of that bomb. make a little money. Well, a good Now it all starts to fit together. We None of that is happening. They had thing. A good thing that that hap- know it from the historical perspective their high-level meeting and put out pened. A good thing that we have a mo- because we have seen it unfold. Now it some warnings; and as far as I know, tivation in this country to lead the makes sense. Now we do not even ask they arrested 250 people or so. They world in patents, lead the world in cre- the questions: What are the philo- have not done the hard things that ativity. We have that because we have sophical differences between Nazism, needed to be done early to shut this off. freedom. That all came from Western Fascism, Japanese Imperialism, and So instead, 1,000 Frenchmen and Civilization. the Communism that was Russia at the women put the tri-color banner on and Mr. Speaker, this is the Western Civ- time? How did they all get together? marched in the street for peace. ilization that our enemy wants to de- Well, if you have a common interest, Well, they have got a little trouble stroy, this great gift to the world, this you can be joined together. This com- over there, Mr. Speaker, because we descendant that we can trace back to; mon interest of opposing the United have an enemy that is not interested in and I will say Western Civilization has States, this great Satan that they de- negotiations. They are not interested descended from the Greeks, the Age of clare us to be, is plenty enough to join in hand-holding. They are not inter- Reason, the age where the Greeks sat together the people that danced in the ested in talking. They are interested in around and analyzed and set up a struc- streets when the Twin Towers were hit killing the people who are not like ture that let them rationalize their on September 11, 2001, plenty enough to them. way through and establish science, the bind them together. And, by the way, we are not guilty of beginning of the rationalization that We should understand by now this doing something. We are not guilty be- has allowed us to develop technology. enemy far better than we do, and it is cause of something we have done or And the Greeks took great pride in predictable what is taking place in failed to do. We are guilty and deserve their ability to reason. And there were France right now. And I do not remem- a death penalty by their viewpoint be- philosophies and we can name many of ber if this is the 12th or 13th night of cause of who we are, what we are, what them. riots going on in France. we are born; and it cannot be rectified. Go back and look at these readings. The population of France, perhaps 10 So we cannot talk and negotiate with They did not know a lot about science percent, is Muslim. These people have these people. This is really difficult for and technology then, but they estab- come from North Africa and the Middle the French, Mr. Speaker, because when lished the theorem principles that have East. France opened up their doors and 10 percent of their population lives carried us through to this day, Mr. said, Let us have an open border policy. within them and among them and they Speaker. And that Age of Reason that We will make a place for you. are out there burning things, some of became the culture in Greece back in I am starting to hear they did not which you built and provided those fa- those years, 2,000 to 3,000 years ago, make jobs for them, but I am not sure cilities for them, day care centers, found its way into Western Europe in that is the government’s job. I do not schools, libraries. Maybe not the later years and established the Age of think government can create jobs. You churches. I do not think they are burn- Enlightenment. The Age of Enlighten- have to set the structure and let the ing any mosques. I am pretty confident ment, I have to say, centered in

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We saw that, as that technology And I will argue this: that the sands of people there and an ability to and that science took a step forward, strength comes from Judeo-Christian fund this kind of enemy and someone took another step forward, Western values, free enterprise capitalism, and who has continually funded terrorism Civilization had successfully mani- Western Civilization. Science and tech- around the world, give him weapons of fested itself in the Age of Enlighten- nology and the Age of Reason and the mass destruction. ment in France just in time to be Age of Enlightenment and all of its de- And, by the way, a lot was made of transported across the Atlantic Ocean scendants came over here where we had David Kay’s report when he came back and be established here in the United all of these natural resources and this to this Congress and reported. As I lis- States of America where it found the unfettered free enterprise capitalism to tened to the other side of the aisle, most fertile ground it could have imag- join with this Age of Enlightenment their interpretation was there were no ined because here we were in the and blossom this economy that was weapons of mass destruction in Iraq; United States establishing a free coun- here and established more patents than David Kay said so. And I read the re- try, a free country unfettered by taxes, any country had ever created, more port. It is kind of interesting some- by regulation, by restrictions, by man- creativity, more freedom, more oppor- times when we read the actual text of aged economies, by managed societies, tunity, more economic growth. And all something after we hear the interpre- where we let people go out and invest of that would have created an impe- tation. What I read in there was David capital and the sweat off their brow rialistic Nation that would not have Kay did not find mass quantities of in- and their labor and to grow technology just been manifest destiny out to the ventory of weapons of mass destruction at the same time and energize this Pacific Ocean, but imperialistic to when he was there. He was not sure manifest destiny and settle this con- dominate the rest of the world. what might or might not have hap- What kept us from doing that, Mr. tinent in record time, lightning speed, pened to them. He could not argue that Speaker? Our Judeo-Christian moral fertile ground here in the United they never existed. Certainly not. But values put the brakes on that kind of a States for Western Civilization to es- in his report he did say that Saddam robust desire to occupy or command or tablish itself. Hussein maintained the ability to rees- own the world. We recognize our re- And, yes, we descended from Europe, tablish his system to develop weapons sponsibility for freedom. We recognize but we are different than Europe. The of mass destruction and could do so our freedom comes from God. We have difference is many of the people in this within 2 weeks. a morality and a responsibility to re- country came here to get away from And, by the way, it does not take a strain ourselves because of the Judeo- the restrictions and the oppression lot of bacterial germ agent to produce Christian foundation that is the cul- that was there, both religious and oth- a lot of problems. And I would argue ture of this country. No matter how erwise. The royalty structure that was that if you give me $2 million and put one tries to secularize America, we there kept people from really being $1 million in one coffee can and $1 mil- have a Judeo-Christian foundation that lion in another coffee can and give me free. The property right structure is part of everything that we do. And a posthole digger and send me to Cali- there kept people from owning and that has been the restraint, the brakes fornia with a GPS, I will go out there keeping property and passing it along that have held us back, that has caused and bury those two coffee cans some- to the next generation, they did not us to try to project and promote our have the freedom that we have. way of life to the rest of the world place in California and then come back One of the examples that would be, without imposing it on the rest of the out of there, let it rain, if it rains in and I am speaking in of all the Europe, world. California, and you go to California Holland today is probably the most lib- Which brings me back, Mr. Speaker, and look for those $2 million. There is eral country in the world. They have to Iraq, Iraq where we have lost more almost no chance of finding that. And euthanasia. They have abortion. They than 2,000 Americans. 300 to 400 of them that is about what chance we had of have legalized drugs, legalized pros- were not combat deaths, but they gave finding some of the weapons of mass titution. And they have their troubles their lives for freedom and liberty just destruction. And we are continually too with a lot of Muslim immigrants the same. And I have held some of digging up different weapons in Iraq that are there. those widows and looked them in the that we stumble across. I read an arti- But it is a whole different politic eye and prayed with them, the moth- cle just the other day. than the Dutch areas that I represent ers, the fathers. It is hard, but they are But I would argue this to the people in northwest Iowa, where they are very some of the most patriotic people that on that side of the aisle: we know Sad- conservative. They would not think of I have met. And some of the most dam Hussein had weapons of mass de- ending someone’s life at the end of life. meaningful times I have ever had as a struction. He used them against Iran. They believe in life being sacred from Member of this United States Congress No one argues that. He used them conception to natural death. Life is sa- have been standing in that living room, against his own people in Kurdistan cred from the instant of conception understanding and to some extent try- and killed at least 5,000 people there, until natural death. They have a max- ing to take some of the pain away from perhaps more. In fact, I met with the imum number of churches, a minimum a family. judges in the tribunal, and in a mo- number of bars. They do not believe in Mr. Speaker, Iraq is a country that is ment we will hear from the gentleman illegal drugs. Those things that I have a cell. It is a place where, yes, there from Texas (Mr. BURGESS). Those three said that are all legal and open and was al Qaeda; yes, Saddam did send judges talked about, if I have got the open and part and parcel of the culture agents around the world; yes, he did number right, and I am going to ask and civilization of Holland did not get provide sanctuary for the first planner Mr. BURGESS to give us a precise num- transferred here to the United States and strategist for the first attack on ber, but it was over 100,000 Kurds killed because they left there to get away the Twin Towers; yes, he did send one and slaughtered by Saddam. I do not from some of those things. They knew of his security operatives, who was a know how many were by gas, at least what they wanted to get away from. colonel in the Iraqi military security, 5,000. They knew what they wanted to estab- over to Malaysia. He was there. He was But I would argue this: either Sad- lish. in the meeting that planned the second dam Hussein had significant quantities That is just an example of the many attack on the Twin Towers. of weapons of mass destruction, and we people who came over here for religious Not only that, but there were al know because he used them on Iran and freedom. They brought their standards Qaeda training camps in Iraq. And on the Kurds and other places, either

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00186 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25669 he had those quantities or he used up try, it is incredible the amount of work dest comments on this body and this his last can of mustard gas on the that has been accomplished, hard work country. Kurds. Is there anybody over here will- in sometimes tough, tough climatic Because we need their ideas. We need ing to say they believe Saddam Hus- conditions, the weather is hot in the their enthusiasm, we need their par- sein, out of all that inventory that he summer, cold in the winter, dusty all ticipation. I think, Mr. Speaker, hope- used against the Iranians and the year-round, and then of course the con- fully, over the days and weeks to come, Kurds, used up his last can of mustard stant threat of danger from terrorists we will see more of that. We will see gas and we just lied to America be- and insurgents who live in that coun- more of a willingness to have and to cause we knew his warehouse was try. engage in debate, and not just the talk- empty, but nobody else did, not even But the actual quote that the gen- ing points that are in the top drawer of Bill Clinton, not Al Gore, not the tleman was talking about from the your desk. We can have talking points Israelis, not the French, not the United judges, I think they were referencing read to us by a commentator on CNN. Nations, not the United States, not the beginnings of the trial of Chemical We do not need people to come down Great Britain. Everybody’s intelligence Ali, the man who was responsible for here and read their talking points, we said the same thing. It was logical. It the killing of the Kurds in Halabja, and need them to come down here where was rational. And now the ridicule that he was accused of killing 180,000 Kurds. really it should be the free exchange of comes from the other side is an irra- Chemical Ali’s defense of that was, it ideas. This should be the marketplace tional ridicule, Mr. Speaker. was not one bit over 100,000, and I do of great ideas in this country where And with that I yield to the gen- not know why you continue to lie they are talked about and debated. So tleman from Texas (Mr. BURGESS), who, about it. So perhaps he will get his day I would welcome the opportunity if the by the way, last August joined with me in court soon. I hope that is true. other side would some day wish to do over in Iraq where we saw some ex- Mr. Speaker, I had been on the Floor that. traordinarily interesting things, one earlier tonight talking about the de- Mr. Speaker, I know the gentleman who performs so well for the people bate that we are going to have on the from Iowa (Mr. KING) has some other from Texas. budget, and I know the gentleman from very important data that he wants to Iowa (Mr. KING) has referenced some of share with us, and I yield back to the b 2230 those points. I do get so frustrated, and gentleman. Mr. BURGESS. Mr. Speaker, I thank the group that was here the hour before Mr. KING of Iowa. Mr. Speaker, I the gentleman for organizing this hour, us, continuing to vilify the productive thank the gentleman from Texas (Mr. for being here. I know the gentleman sector of our society, the productive BURGESS), a person who has become a has been a little bit under the weather, segment of our society that provides good friend, and such a good friend and I was concerned about his voice the tax revenue for us to be able to do that he is over working at night in his holding up for the whole time, but I am all of those free market capitalism office and he sees me having a little so glad he was talking about this issue. things that the gentleman from Iowa difficulty with my voice and comes Mr. Speaker, just the other day I referred to, all of those things that we over to help me out. That is the kind of pulled out the joint resolution from the want to do that are good things for camaraderie we have here. We have 107th Congress. I would point out that people who are less fortunate than our- seen a lot of Iraq together, and we do the 107th Congress was the term before selves. All of those things are made see it through the same eyes, and I ap- either the gentleman from Iowa (Mr. possible because of the productive seg- preciate his 4 trips over there and my KING) or myself was in Congress. This ment of society. This angst over the $55 3 trips over there, and each time we are was the joint resolution authorizing billion that was returned to the most there, the troops appreciate it. But I the use of force in Iraq. It is really productive segment in society in May can tell my colleagues that we appre- quite an interesting document. It is in- of 2003, legislation that I voted for and ciate them a great, great deal, and it is structive to read through this docu- I believe the gentleman from Iowa (Mr. an honor to be with them at a time ment. KING) voted for, this $55 billion they like that. To be sure, there is mention of weap- desperately want to have back. But There are so many pieces of subject ons of mass destruction, but there is what has that $55 billion that we matter, Mr. Speaker, that I really in- also a good deal of discussion of Iraq passed in May of 2003, what has that tended to talk about tonight, and as I being in breach of its international ob- given us? It has given us 262 billion ad- got into the depths of this Iraq issue ligations, failure to follow United Na- ditional dollars in tax revenue for fis- and this worldwide war we are fighting, tions resolutions, oppression of their cal year 2005, the fiscal year that just militant Islamic extremists, I wanted own people, using weapons of mass de- ended on September 30. to make sure that we defined our struction against his own people and, So, Mr. Speaker, to get back the ben- enemy and defined them accurately. perhaps very interestingly, the viola- efit of that $55 billion that we rein- There are a lot of places on this tion of Public Law 105–338 which was vested in the American economy, we globe, and they are perhaps 16,000 passed in a previous President’s admin- would have to raise taxes, not that $55 Madrasas in Pakistan alone, places istration in 1998 where it was a sense of billion, but you would have to double where they teach a kind of fundamen- Congress that it should be the policy of that and double that again to get the talism that sets the framework, sets the United States to support efforts to same number of dollars back to the the foundation for them to turn that remove from power the current Iraqi Federal Treasury that the tax relief into an active hatred. France and regime and promote the emergence of a provided in May of 2003. Great Britain perhaps are higher popu- democratic government to replace that I think one of the most telling things lations and more concentrations and regime. That was passed in 1998, and we I have seen in the past several days as further along in the growth and devel- had to wait until 2003 to have a Presi- we prepare for the debate was a quote opment of the kind of societies that re- dent who had the courage to actually from Roll Call from just yesterday. ject those who have accepted them. execute that. I am glad we have a This fall is not the time for Democrats They have rejected assimilation, they President who had that wisdom, be- to roll out a positive agenda, said a do not want to live as French or Brit- cause I would not like to think of the House Democrat aid. That is some of ish. In fact, many of them do not really world in 25 or 30 years time had we not the most unfortunate language that I want to live as Americans. So I am a taken the effort that has been under- have heard since coming to this House great proponent of assimilation. I will taken in Iraq. a year-and-a-half ago. If the other side not take up that subject. The gentleman from Iowa (Mr. KING) is so bereft of ideas, if they are intimi- But I have 2 others that I would like is quite right. We were in Iraq in Au- dated or frozen by their leadership, if to address here in the next 12 or so gust. It was my fourth trip there. Boy, they are afraid to show up for the de- minutes that we have here. One of big steps. Every time I go to that coun- bate, then that is truly one of the sad- them is I wrote down a list of the

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00187 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25670 CONGRESSIONAL RECORD—HOUSE November 9, 2005 things that I heard from the people on States. There has never been a natural would say that the impeached Presi- the other side of the aisle and I really gas spill that has impacted anybody’s dent was innocent until proven guilty. only got to subject number one. The environment. It is just scientifically Talk about a culture of corruption. No, next one that I heard was energy. and physiologically impossible. The I do not believe it exists, Mr. Speaker. Mr. Speaker, there are many things gas dissipates. Mr. Speaker, looking at this clock, I we can do with energy in this country. By the way, there is natural gas bub- want to bring up one more piece of sub- We are not getting help from the bling up out of the ocean all the time. ject matter here and it is of significant Democrats. There is a strong segment No impact on our environment, 406 tril- importance, especially to the Midwest, of I will call them environmentalist ex- lion cubic feet, many times more gas but all over this country, and that is tremists. I do not claim to be an envi- on the outer continental shelf than the issue of methamphetamines. ronmentalist myself. I am a conserva- there is on the north slope of Alaska. I want to point out on this chart, this tionist. I have spent my life protecting Where is our help over here to lower is the Iowa experience. Mr. Speaker, we soil and water. I have built more ter- the highest price of natural gas any- have some of the worst meth abuse in races than, I said earlier tonight, than where in the world? And we pay that Iowa than of anyplace in the country. any Member of Congress; waterways, price, every American. If you want to We have busted quite a lot of method farm ponds, larger reservoirs. You help, let us do something proactive. labs. There are only a couple of States name it, we have protected the water They come to the Floor and every sin- that can compete with us in the num- and also protected our soil and sent the gle night, negative, negative. I could ber of meth abuse labs that there are. rain drops down through the soil pro- not get out of belt if I felt like that. By We recognize that it takes some things file. I believe in all of that. I am one of the way, I do not believe that stuff to make methamphetamines, the worst the people that has been up to ANWR, anyway. illegal drug this country has ever seen. and I challenge anybody here in this The argument about outing a CIA It takes pseudoephedrine, ephedrine, or Congress out of the 435, if you are op- agent, Mr. Speaker. I listened carefully a product called PPA. Those things are posed to going up there and drilling in twice through to the special prosecu- all available in the midwest. We have ANWR and have not been there, to see tor’s presentation that did bring out more experience with it than anybody the environmental success that has the indictment of Scooter Libby. He else, Mr. Speaker. So we began address- been established on the north slope. did not make any allegations that ing this. We began drilling up there with that there had been any CIA agent outed. It entire operation in 1972. You could fly When I was in the Iowa Senate about was the purpose of his investigation. 5 years ago, we did some things to take an environmental extremist over the He apparently did not discover that, or oil fields in the north slope and they some of that off the shelf. We did not he would have brought an indictment do enough. So in our first try, we found could look down from a thousand feet, for that. But if the special prosecutor and they would not know they were out that these people are creative and cannot find it in 2 years, how can the over the oil slope oil fields. They would they will find a way around you. So 30–Something Group find it over here? say, where are the derricks? Where are they wrote some new legislation. I was I would like to hear some more details the pump jacks? Where are the oil not involved in that. But I want to on that. By the way, I read Bob spills? Where are the pipelines? Where commend the Iowa legislature and the Novak’s column too and he argued that are the roads? Where are the electrical governor for signing legislation into it was a common known thing that lines? Where are the distribution sys- law that was enacted on the first day of there was a CIA agent that was mar- tems? Where are they burning off the June 2005. ried to the gentleman who went to gas here? How come I do not see an oil This red line on this chart, Mr. Niger, and I am not talking about Jo- field below me, when you tell me I am Speaker, here are the meth labs that right over the top of it? seph C. Wilson, our Member of Con- were busted from the previous year, The reason is because there are no gress who is Joe Wilson from South this year, for the same period of time, derricks, there are no pump jacks, Carolina, we call him the good Joe. But 2004–2005, meth labs running per month: there are no electrical lines visible, the Joseph C. Wilson that went via the 229, 185, 122, 127, 213, 146. A law was there are not any collection pipelines CIA to Niger to look and see if Iraq was passed right here, kind of at the peak visible. All of this is underground. The out there seeking to purchase yellow of the meth labs being busted. March is pumps are all submersible pumps. cake uranium, came back with a report a big month. And they began, the re- When you fly over there and look at that apparently conflicts his public tailers began pulling the precursors off that, it is simply rock pad for a work- testimony. the shelf by April. By May, by the end over rig. It is perhaps 50 by 100 or 150 By the way, if you are a CIA agent of May, we had seen a dramatic reduc- feet long of I call it limestone; it is and you are being paid to go to Africa tion in the number of meth labs that probably not; say 3 feet above that and investigate as to whether Saddam were busted by our, I will say, very ef- swamp floodplain. There are ice roads Hussein is trying to purchase uranium ficient drug enforcement people in to go in there in the wintertime and so that he can develop nuclear weap- Iowa. ons, weapons of mass destruction, I work on it only. The ice roads melt. b 2245 There is no impact whatsoever on the might add, would that not be a classi- environment, except caribou herds now fied report, or is that individual going And that May number went down have gone from 7,000 in 1970 to 28,000 to come back here and give a report from 42 in May to 29 in June, to 25 labs head today. So they have done pretty that says, well, yes, there were some only in July, to 12 in August, to 12 in well. We should go up there and drill. people negotiating to do business with September, to 10 in October, and then God put the oil there. I could not think Niger, but no, I do not think they are this is up until October 28. That is an of a better place. I cannot improve trying to buy uranium. I do not know 80 percent reduction in meth labs be- upon that. Where would you have the what else he would buy there, and nei- cause we took the precursors off the oil if you cannot have it up there where ther did he. But he makes that report, shelf, except we made sure that moms nobody goes, or we cannot have it up that when he disagrees with his own re- that had kids that get sick in the night there where nobody goes, where we can port, he makes that public? Why kind could go down to the convenience store do that with almost no impact on the of an agent of the CIA would do that, or the grocery store and pick up environment, and if we can do so with and why are we not challenging that in enough pseudoephedrine to get those .04 percent, 4 hundredths of 1 percent of this country? Why are we not going to kids through the next day. a footprint on that region. Yet, where wait until there is a trial and find out And this is what you can buy in Iowa is our help over here from the other what really happened under those cir- off the shelf today legally. This prod- side of the aisle? cumstances, Mr. Speaker. So it saddens uct right here, Mr. Speaker, is 360 mil- Mr. Speaker, 406 trillion cubic feet of my heart that these conclusions can be ligrams active ingredient of pseudo- natural gas offshore in the United leaped to from the same people who ephedrine in this product that is by one

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00188 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25671 of our grocery stores, a good old home- REPORT ON RESOLUTION PRO- you did? Okay. Well, that is all right. grown Iowa chain grocery store. They VIDING FOR CONSIDERATION OF You did not out a CIA agent, or at least private-label package this in a 360-mil- H.R. 4241, DEFICIT REDUCTION we could not prove it. And before we ligram package because that is the ACT OF 2005 get going here, there are some CIA amount that you can purchase for a Mr. PUTNAM (during Special Order agents, former covert operatives that I single day in Iowa. And you can go out of Mr. KING of Iowa), from the Com- think would disagree. and do that the next day and the next mittee on Rules, submitted a privi- Mr. MEEK of Florida. Those are day and the next day in Iowa, or you leged report (Rept. No. 109–281) on the third-party validators that were actu- can go into the pharmacy, in either resolution (H. Res. 542) providing for ally CIA agents. Am I correct, sir? case, in a monthly supply you can pur- consideration of the bill (H.R. 4241) to Mr. RYAN of Ohio. That is absolutely chase 7,500 milligrams. But in 1 day provide for reconciliation pursuant to right. Here is one CIA agent, Jim what I have on display back here, Mr. section 201(a) of the concurrent resolu- Marcinkowski. This was on ‘‘60 Min- Speaker, is what I bought in a single tion on the budget for fiscal year 2006, utes.’’ He says exposing Brewster-Jen- day, and all but this from a pharmacy which was referred to the House Cal- nings, let me give a little background in Cherokee, Iowa. endar and ordered to be printed. here. When Joe Wilson’s wife was outed, when it became public, the Mr. Speaker, this represents the f pseudoephedrine that you can purchase world all of a sudden knew that every- at one stop, all of these behind me that OUTING OF CIA AGENTS one she was associated with and affili- you can purchase in one stop in Iowa. The SPEAKER pro tempore (Mr. ated with was a part of the CIA in some And that is plenty enough to take care FORTENBERRY). Under the Speaker’s way, shape or form, and so they also of a family for a good long time. announced policy of January 4, 2005, outed Brewster-Jennings, which was a We have passed some legislation out the gentleman from Ohio (Mr. RYAN) is front company, CIA front company in of the Judiciary Committee today. In- recognized for 60 minutes. Boston, not to mention the 20 years’ stead of limiting it to 360 milligrams a Mr. RYAN of Ohio. Mr. Speaker, we worth of contacts that also got outed. day, it limits it to 3.6 grams or 3,600 appreciate the opportunity for the 30- But here is a quote from Jim milligrams a day. We have a 7,500 milli- something Working Group to be back Marcinkowski on ‘‘60 Minutes,’’ a gram per month purchase that we can in action, and our friend from Iowa has former covert CIA agent. He said ex- do in Iowa, but that quantity needs to not solved all the world’s problems to- posing the Boston firm Brewster-Jen- be purchased from a pharmacist who night. We will take it from here. We nings could lead foreign intelligence will watch that volume. The law that are ready, willing, and able to take the agencies to other spies. There is a pos- passed, the language that passed out of country in a new direction. A couple of sibility that there were other agents the Judiciary Committee today, that the issues that the other side has ad- that would use the same kind of a 3.6 grams a day will allow a meth cook dressed, one is the meth labs. I had a cover so they may have been using to go and make 19 stops around meeting recently with some sheriff Brewster-Jennings just like her. An- through retail establishments. Now, deputies in Trumbull County, Ohio, other one from The Washington Post, a they sign up each place. They give from Geauga County, Ohio, and Ash- small Boston company, listed as Val- their ID at each place, but there is not tabula, Ohio, who were saying that erie Plame’s employer, suddenly was a way to track one retail place to an- they were unable to confiscate the shown to be a bogus CIA front and her other. So they will go from place to methamphetamine labs because the alma mater in Belgium discovered it place. They will do 19 stops. They will drug program, the Federal drug task was a favored haunt of an American pick up perhaps 70 grams of pseudo- force program has been cut. So maybe spy. ephedrine, go home and make an ounce we can work together in a bipartisan By Karl Rove and Scooter Libby and of methamphetamine and they can get way to try to increase the funding for the executive branch outing Joe Wil- that all done all before noon. that, and you will be supportive, I am son’s wife, they put a lot of people in And that ounce of methamphetamine sure, so that we can make sure we jeopardy, and they hurt our intel- will last one addict 90 days, or their 1- crack down on these methamphet- ligence capabilities all over the world day supply, and then they go sell the amine labs. This is something that we because now people who have dealt 89-day supply, go back again in the want to do. with Americans who went to the Uni- afternoon and produce another 90 days’ Also, Mr. Speaker, the other side versity of Belgium or who had dealings worth of methamphetamine under law brought up the fact that a CIA agent with Brewster-Jennings are now being that came out of the Judiciary Com- was outed, and there was some dis- looked upon as suspect. mittee today. agreement. The prosecutor here, Mr. Not only that, the word now is that We can do better. I have introduced Fitzgerald, said that the reason Scoot- the spouses of American ambassadors the Meth Lab Eradication Act. These er Libby was not charged with outing a are being looked at suspiciously be- are the conditions that are part of it. CIA agent is because he lied so much to cause now people think just because We have set it to comply with Federal the grand jury that he could not prove Valerie Plame was the spouse of an law. Schedule 5 drug, penalties are as- it. And he used the example, he said American ambassador and she was a sociated with the Schedule 5. This was that I am like the umpire. I am the CIA agent that every other spouse of so easy to adapt to in Iowa with regard Federal prosecutor. I am the umpire. an ambassador all over the world may to the retailers, the pharmacists and And as I was trying to make a decision be a CIA agent. This has ramifications, the consumers that the adjustment, ac- here of whether or not he outed the Mr. Speaker, that we do not even real- cording to the author, of this bill was CIA agent, Scooter Libby threw sand in ize yet. And that has done nothing but simply pathetically easy. We need to my eyes. So I was not able to get to the weaken the country. do that in this Congress so we can point where I could actually charge Now, here is the ultimate third-party eradicate meth labs in America. him with outing a CIA agent because validator on why the corruption going Mr. Speaker, I promised earlier to- he threw sand in my eyes. on in the White House right now must night that I would solve all the world’s So he charged him with two counts of stop, because it is hurting our ability problems in 60 minutes. And you know, making false statements to a Federal to fight the war on terrorism. They are in fact, it is possible, but I did not agent, two counts of perjury to a grand weakening our ability to fight this solve them all tonight. So I am going jury, and one count of obstruction of war. This is Melissa, who was a 14-year to pledge to come back and keep work- justice. And how the other side could covert CIA operative, and she was ing on the world’s problems in an opti- somehow say that that is all right, asked a question on ‘‘60 Minutes.’’ She mistic, solution-oriented way. And I that is okay, I cannot believe that they says because we are talking about appreciate the opportunity to address would just charge him with that. You lives, and we are talking about capa- this Congress. just lied to a grand jury? That was all bilities, we do our work. We risk our

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00189 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25672 CONGRESSIONAL RECORD—HOUSE November 9, 2005 own lives. We risk the lives of our House as the right hand of the Presi- Mr. MEEK of Florida. Can I role play agents in order to protect our country. dent with full, the highest level of se- for a minute for the Republican major- And when something like this happens, curity clearance. ity? it cuts to the very core of what we do. Mr. RYAN of Ohio. Deputy chief of What they are doing in response here We are not being undermined by the staff. in this House to what the gentleman North Koreans. We are not being un- Ms. WASSERMAN SCHULTZ. Dep- has just pointed out that is public dermined by the Russians. We are uty chief of staff. record, third-party validator, using the being undermined by officials in our Mr. RYAN of Ohio. He is the deputy very words of these individuals. This is own government. That I find galling. chief of staff in the White House, in the what the majority is doing. Mr. Speaker, to come to the floor, for West Wing. We read it in the paper. We are hear- our Republican friends to come to this Ms. WASSERMAN SCHULTZ. He has ing it on the news. People all over the floor and to somehow defend this is multiple titles, actually. I know that world are talking about these allega- crazy. he has more than just that one title. tions. The indictment has quotes of in- Ms. WASSERMAN SCHULTZ. Will And the President has not dismissed dividuals where they contradict one the gentleman yield? him or asked him to step aside. another as it relates to the outing of a Mr. RYAN of Ohio. It is outrageous. I Mr. RYAN of Ohio. Why is that? Can CIA agent, but they are my friends. would be happy to yield. I ask, can we have a discussion here, a And even though they are not from my MS. WASSERMAN SCHULTZ. Be- serious discussion, you know, at 11 district and they did not vote for me, I cause, you know, I think most people o’clock at night? Why would the Presi- have their back. would understand why a CIA agent, a dent not fire him? Whatever the Democrats say and fellow CIA agent, would be outraged at Ms. WASSERMAN SCHULTZ. You whatever they may write, or the rank- the conduct coming from the Vice know, let us just give them the benefit ing member of said committee of over- sight that wants to review national se- President’s chief of staff, that he would of doubt. Let us say we did not think curity clearances for these individuals, do anything that would potentially put the President should fire him. We do, I will do nothing to help in that envi- their lives or the lives of their col- but let us say, why has the President ronment to be able to bring about pro- leagues in jeopardy. So some people not suspended him at least until he called upon even the White House tection of national security clearance might say, well, of course that would credentials for individuals that are upset other CIA agents, and of course council to do an internal investigation? They are really good at copping to in- questioned in these allegations. Not they would think that that was a prob- only will I not talk about it, I will not lem. But in the spirit of continuing our ternal investigations and not allowing independent investigations of wrong- even have a hearing on it. As a matter desire to demonstrate that this is not of fact, I will not even allow a hearing just our opinion, and that we have doing or potential wrongdoing. But he has not even suggested that his duties on it. some other third-party validators who We would come to the floor and we should be suspended so that you can agree, let us look at what Ed Gillespie, would say, it is just the Democrats clear the cloud away. who is the chairman of the Republican once again being negative, not being National Committee, said. b 2300 productive. All they can do is talk He was speaking to Chris Matthews Mr. RYAN of Ohio. Maybe we should about things that are not of any con- on ‘‘Hardball,’’ and Chris Matthews clear up exactly what happened here. sequence to national security. asked him what he thought of it. And In the indictment on or around June 12 Now, that is what they are doing. his comment to Chris Matthews then or 13, Karl Rove told ‘‘Scooter’’ Libby That is what they are doing. If you ask was that I think if the allegation is about Joe Wilson’s wife. On or about the majority about oversight, you true, to reveal the identity of an under- June 12 Karl Rove told Libby about Joe heard in the last hour we had a couple cover CIA operative is abhorrent, and Wilson’s wife and that Bob Novak was of hours ago, I read the record under it should be a crime and it is a crime. going to probably write an article the Clinton administration, 1,089 sub- And then Chris Matthews went on to about it. So Rove was tipping off Libby poenas of the Clinton administration ask Chairman Gillespie, he said, it that this article was going to be in the for far less, for far less. Mr. RYAN of Ohio. How many under would be worse than Watergate, would paper and we need to deal with this it not? And Gillespie’s response was, this administration? somehow. That was in June. Mr. MEEK of Florida. At that par- Yeah, I suppose in terms of the real On September 14, Karl Rove tells world implications of it, it is not just ticular time only 11 subpoenas for Re- ABC News that he does not even know publicans. Under this administration, politics. who Joe Wilson is or his wife or any- I mean, if that is not the ultimate we are still getting that information. thing else. And then 2 years later, I Far less. The Republican-controlled third-party validator saying that it is think it may have been last summer, abhorrent and it should be a crime and Congress, thousands upon thousands of he reiterates the fact. hours of staff interviews of Clinton ad- it is a crime to reveal the identity of Okay, so we have Karl Rove telling an undercover CIA operative. Now, let ministration officials. Libby one thing about Valerie Plame Mr. RYAN of Ohio. $40-some million. us just make sure we say that Mr. and then telling the American people a Mr. MEEK of Florida. Millions of dol- Libby has only been accused of conduct few months later he does not know lars of taxpayer dollars, and we have related to that likelihood, not con- anything about it. That is why Karl the outing of a CIA agent. We have an victed of that. So, you know, of course Rove is no longer fit to serve the Amer- indictment for the first time in years. we want to remember that this is a de- ican public because he did not lie to Ms. WASSERMAN SCHULTZ. One mocracy and in our democracy you are ABC News. He did not lie to CNN. Karl hundred thirty years. innocent until proven guilty. However, Rove lied to the American people. Pe- Mr. MEEK of Florida. One hundred it is really deeply disturbing that this riod. Dot. End of story. And he tried to thirty years of a White House Chief of is the first time in 130 years, 130 years, revise, he tried to recant but he just Staff of the Vice President of these that we have had a White House offi- cannot do it. This is the fact. United States indicted. We have an Of- cial indicted on anything, never mind The indictment says he lied to the ficial A that we now know as the Sen- betrayal of this country’s deepest se- American people. He needs to be fired. ior Chief of Staff or Assistant Chief of crets. And we have a long list of people I mean, no one here would accept that Staff to the President of these United who have commented on that possi- from their staff. States, and not a mumbling word. Not bility. We also have in the White Mr. MEEK of Florida. If I can, can I one floor speech. Not one letter. Not House, still, I mean, Scooter Libby has just be the majority right now? one hearing in the people’s House. left. Scooter Libby has now resigned Mr. RYAN of Ohio. I would love for Ms. WASSERMAN SCHULTZ. No from the White House. But you still the gentleman to be the majority right outrage, no floor speeches, no 1-min- have Karl Rove there in the White now. utes, no 5-minutes.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00190 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25673 Mr. MEEK of Florida. No message come so political here that we cannot and throughout the world, that it is meeting from the Republican Con- get straight answers on how to fix the okay as long as it is the Republican ference about we need to make sure way our government runs. White House and the Republican Con- that we stand up to our constitutional Mr. MEEK of Florida. Let me just, gress that is condoning it to happen. responsibilities. like we say, put the cookie on the bot- In the Senate, in the Senate I am so So when we talk about a culture of tom shelf here. glad that the Democratic leadership corruption and cronyism and incom- Veterans Day is Friday. I am just used Rule 21 to call them into a closed petence, that is not what we are say- thinking about this. Folks have put session, to force the Republican major- ing. That is what the American people statements in the RECORD. Our vet- ity to come with Democrats and Re- are thinking and what they know. That erans, we love them, tear drops on the publicans, three on each side, to finish is the reason why this Congress has be- paper while they are writing it. And looking into the allegations of false in- tween a 35 percent approval rating to here we are living in an environment formation given to the Congress when 31 percent approval rating. It is not our now in the 109th Congress, Republican- it was time to go to war. doing. It is the doing of the majority controlled Congress, where it has been So when we start talking about the that are not doing their job. proven, literally put on paper to be budget and we start talking about cor- Mr. RYAN of Ohio. Almost 60 percent judged in a court of law that officials ruption and cronyism, it is happening of the American people believe that in the White House several years ago, in the moment. And I am so glad that Karl Rove needs to resign, 60 percent. someone finally came forth and told I am a part of a party and have leader- This is not me or my colleagues or the the truth or said that someone lied. ship that is willing to stand up on be- gentleman from Massachusetts (Mr. And they have the power to call these half of the American people. DELAHUNT), who failed a little bit on us White House officials in a public hear- Guess what? There are some of my tonight. We tried to squeeze him into ing to talk about what happened. They Republican friends, because I talked to the 30-something Group. We tried to have the power to do that, but they them, and when I say they are my help him out, then he faded on us, got choose not to. friends, they are my friends. They a little sleepy, started yawning. We Now, just like I have this mike here wake up and put their pants on one leg had to dismiss him. and this podium, there will be some at a time or grab their purse or what But here it is. There is a poll. This is Members of Congress that will be asked have you; and they are good people. a Washington Post poll in November of to speak at a Veterans Day event and But it is the leadership. That is the 2004. Fifty-nine percent of people in they are going to talk about the war on reason why the votes are extended. this country believe Karl Rove needs to terror. And they are going to talk I have here, right here in my hand, it resign. about winning the hearts and minds of is called The House Rules and Manual Ms. WASSERMAN SCHULTZ. Does Iraqis and other groups that are out of the 109th Congress. In this manual, I the gentleman remember when we were there. And they are going to talk about must add that it says, under rule 20, growing up, it seemed like any time the troops and their commitment. But Mr. Speaker, and it is number 2 here, it you turned on C–SPAN or there was a I tell you one thing that they will not talks about the fact that the maximum shot of the Congress doing something, talk about. They will not talk about time for a recorded vote or quorum call when we were kids, it was a shot of the the fact that we know what is going on. by electronic device shall be 15 min- Congress in a hearing, the Iran Contra We are not going to call these people utes. hearings or some kind of investigatory before Congress and ask questions like b 2315 hearing that would immediately be we are supposed to when CIA agents called. The ink on the accusation are outed, when national security is Now, as I stand here as Carrie Meek’s would not be dry before congressional jeopardized. We are not going to, when son, my mother, I guarantee you to- hearings were called to investigate. there is almost close to prima facie morrow when this vote comes up that Am I missing something? Maybe I am evidence that it jeopardized national the spirit of that rule will not prevail. not in the loop. security as it relates to a person’s job, We will be here for some time because Mr. RYAN of Ohio. Article 1, section who was to find out and seek out those they have to convince some of our 1 of the United States Constitution cre- countries that have weapons of mass friends in the majority to vote for the ates this Chamber right here, the peo- destruction for the reason that we rule. ple’s House. And we have oversight of went to war in the first place. We can talk about that a little bit everything else that happens in the I am just in the middle of what they because I think we need to share that government, over the executive, over are doing or not doing. with the Members, Mr. Speaker, of all the agencies, the Cabinet, depart- By the way, I want to let you know what the Rules Committee did tonight. ments and everything else. This is the that I have voted to make sure that I think we need to talk about that people’s House. you veterans of wars that allow me to since it was in a dark room on the And as my friend from Florida likes go into a free House in the Congress to third floor. We are on the second floor to say, you cannot get appointed to represent you, that I have voted to in- now. It was on the third floor of this this House. You have to run if I pass crease your copayments. I voted to very building. out here and I die. make sure that the Committee on Vet- Ms. WASSERMAN SCHULTZ. While Mr. MEEK of Florida. We do not erans’ Affairs over the next 5 years you are on the rule, about an hour ago, want that. makes $798 million in cuts that very the Rules Committee reported a rule Mr. RYAN of Ohio. I do not want that well will result in two things: one, which are the directions that are given either. I am not ready. But if I pass out making sure that you pay higher fees to the House for legislation that we here and I die, the Governor in Ohio when you go to the Veterans Affairs consider each day. The Rules Com- will call a special election and people Department for a death benefit, or mittee gives us the parameters under will run for my seat and have to get make sure that you wait longer to see which we can operate and act on each elected here. That is the bottom line. a specialist in the Veterans’ Depart- bill. This is the people’s House. We directly ment and clinics and hospitals. So, the rule for tomorrow that has represent the people in our district. That will not be said. That will not come out on a party-line vote for this And we have the ability in this Cham- be shared with those veterans. But I budget reconciliation bill tomorrow, is ber to oversee every other aspect of the guarantee you, as we sit here, letter called a closed rule. You may be ask- government. after letter after letter from these ing, well, what is a closed rule, what But our Republican friends refuse to groups that are saying that they are does that mean? A lot of the terms we investigate the CIA leak. They refuse against what this Republican majority use in Washington are cryptic. to have an independent or create an is doing. So when we see what is public A closed rule means that no one can independent investigation. This has be- knowledge here in the United States offer any amendments to this bill. We

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00191 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25674 CONGRESSIONAL RECORD—HOUSE November 9, 2005 will have, using the term that people says you cannot be inaccurate or mis- amendment to this Act when it comes have heard so often, an up-or-down leading. to the floor, democrat or Republican. vote on this budget reconciliation bill. Mr. RYAN of Ohio. Let us be a little Let me just keeping going here. This A short time ago, I recall that one of more specific. Maybe the 30 Something gets interesting. the distinguished members of the Rules Working Group will offer an amend- Two, provides 2 hours of debate in Committee was discussing with us how ment to the House rules to say that a the House, equally divided and con- open the process is and how much bill specifically called the Deficit Re- trolled by the chairman and ranking input we as Democrats in the minority duction Act. member of the Committee on the Budg- party have had in the process and how Ms. WASSERMAN SCHULTZ. Actu- et. That is where the Republican side many amendments we have been able ally has to reduce the deficit. gets two hours to talk about how good to get in and have considered. Mr. RYAN of Ohio. Yeah. it is, the Democrats get 2 hours to talk This document, this bill, that we are Ms. WASSERMAN SCHULTZ. Why about why we cannot offer anything to considering tomorrow is perhaps the would you want to do that? this budget, why are we cutting vet- Mr. RYAN of Ohio. Let us try. most important piece of legislation Mr. MEEK of Florida. All right. Here eran benefits, why we are increasing which will have the most far-reaching is a perfect example of what we call the student loan costs to students for our impact of almost anything that we are Potomac 2–Step. You have just out- next generation of workers in this going to consider in this Congress: $844 lined a perfect example. Some may say country, why can we not have more fe- million in food stamps, eliminating hoodwink. Others may say bamboozle. male engineers in this country, why 300,000 people off of food stamp rolls, But here in Washington we call it Po- are we putting what I call tax, they cutting child care, $17.5 billion in fi- tomac 2–Step. It is a dance where, hey, call fee, why are we putting additional nancial assistance to college students. I am going this way, you go that way, tax on American families to educate The list goes on and on, and the Repub- you swing your arms. their children. lican leadership, because we have got Mr. RYAN of Ohio. They call it the Three, waive all points of order to call it like it is, created a closed bootleg: fake left, go around the other against consideration of the bill. Well, rule so that we cannot offer any side. goodness gracious. changes to that bill tomorrow, none. Mr. MEEK of Florida. Let me just Ms. WASSERMAN SCHULTZ. What That is the democracy. tell you what they are doing. does that mean? Mr. RYAN of Ohio. One of the things, Presently, they would say it is reduc- Mr. MEEK of Florida. That means if among others, what we would try to do, ing the deficit, but what they are not you have a point of order to the Speak- as we try to reconcile the budget, is saying within another 2 weeks, we are er, that is waived, you are out of order. not give $70 billion in tax cuts that go going to give people that make over What do you mean point of order? If primarily to the people who make half a million dollars a year the biggest something was found in the rule book more than half a million dollars a year. tax cut they have ever seen. One Mem- tomorrow that violates the rules of The whole idea of this whole thing ber described it on that side as we are this House and I want to make a point was to somehow find in the budget $50 going to help the productive people of order, you cannot make it because it billion to pay for Katrina, and instead, here in the United States; we are going has been waived by the Rules Com- they found the $50 billion to pay for to help the productive people. So I mittee. Katrina supposedly, but they also gave guess that means, American worker, if Number 4, provides that all amend- $70 billion in tax cuts, which means you make between $34,000 and $54,000 ments printed in the Rules Committee their deficit, this is what is great about and you get an $840 tax cut, you are not report accompanying the resolution Washington, their deficit reduction necessarily in that group of the half a shall be considered as adopted. package actually increases the deficit million folks. Ms. WASSERMAN SCHULTZ. With- by $20 billion because they just cannot I want you to go further on that out a vote? resist giving people who make more chart, but just before we get too far Mr. MEEK of Florida. Without a than $500,000 i.e., their campaign con- away from what the Rules Committee vote. Should be considered as adopted. tributors, a tax cut. did tonight on a party-line vote, you That means it is already adopted. What Ms. WASSERMAN SCHULTZ. Could I hear Members come to the floor and are they meeting for? What is the 2 ask a question? other Members say, oh, well, we are for hours on both side? Why debate it? We Mr. RYAN of Ohio. Sure. fairness; we do not know why the did it because we are in the majority, Ms. WASSERMAN SCHULTZ. I think Democrats will not offer their alter- and guess what, we have the power to it is always helpful for us to provide in- natives; they have nothing but com- do that. They are setting the rules. formation to people who do not really plaints; it is almost un-American. They think they are muzzling the know much about this process here. It I am going to tell you what is un- Democratic side. They are muzzling is kind of arcane. Maybe you could help American, Mr. Speaker, and I am going the people that sent us up here to rep- describe for people who are wondering to tell you what is limiting the voice of resent them. That is what they are about the process, we have to name the Democratic side over here. doing. That is the reason why this stuff each piece of legislation, so that it is The rule that was passed from the happens at night here. descriptive for the membership. Rules Committee just moments ago in Number 5, this is not my order, Mr. Mr. RYAN of Ohio. Supposed to be. darkness, there was not a television Speaker. This is from the Rules Com- The words at the top are supposed to camera in that room. When we start mittee. Waive all points of order identify what is happening. talking about the back halls of Con- against provisions in the bill as amend- Ms. WASSERMAN SCHULTZ. Ideal- gress, it is our job here in the 30 Some- ed. They have already, in their opinion, ly, it is actually supposed to define thing Working Group, good or bad, we adopted this bill. When I say ‘‘they,’’ I what we are doing. are supposed to expose what happens in am talking about the Republican ma- Mr. RYAN of Ohio. You would think the back halls of Congress. jority. When we talk about power, a deficit reduction bill would reduce Let me just read this. This is not when we talk about an abuse of power, the deficit. something that I printed. This is what Mr. Speaker, that is what we are talk- Ms. WASSERMAN SCHULTZ. Yes, of the gentlewoman from Florida (Ms. ing about. course. The name of this legislation is WASSERMAN SCHULTZ) just pointed out I want to say it again, just in case the Deficit Reduction Act of 2005. I am on H.R. 4241, what they call the Deficit someone missed it. This is not what we a freshman and I do not know the rules Reduction Act of 2005, even though it is are doing, Mr. Speaker. This is what in that book as well as the two of you increasing the deficit by $20 billion and the Republican majority is doing on or as well as some of my senior col- change. I did not put these in order. the Rules Committee. leagues. So I wonder if there is any- Number 1, closed rule. Closed rule Number 6, provides one motion to re- thing in the book, the rules book, that means that we cannot even offer an commit, with or without instructions.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00192 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25675 Ms. WASSERMAN SCHULTZ. Now, Mr. RYAN of Ohio. Can I say some- are the noncontroversial bills. But 85 is that an opportunity for us to amend thing. What we are trying to do here is bills. the bill or change it? move away from a country that says if Of the 85 bills that were potentially Mr. MEEK of Florida. No. you are born in the right neighborhood, amendable, 38 of them were given re- Ms. WASSERMAN SCHULTZ. What with the right family, you are going to strictive rules where there were severe does that let us do? be fine, and if you are not born in the limitations on the amendments that Mr. MEEK of Florida. That is just an right neighborhood to the right family, were allowed to be offered. Severe. Fif- attempt by the individuals that have the heck with you. That is what this is teen of those bills were closed, like the problems with this bill to recommit it all about. I mean, if we have got to boil one that we are considering tomorrow, back to committee. I mean, this is not this down 30-Something-style and lay meaning no additional amendments something to change or improve or it out there, that is what it is. You were allowed. No amendments at all someone comes to the floor and say, cannot cut Medicaid. You cannot cut were allowed. Plus three additional you know, if you just did not do what food stamps, foster care, child support closed rules that were included in an- you are doing to free and reduced lunch enforcement, raise the fees on student other bill. for children, poor children in my com- loans. munity, I just cannot vote for this be- Now, there have been, of the 85, 12 cause I just cannot close a clinic which b 2330 open rules, meaning anyone can offer an amendment, but 11 of those were ap- is only open in my rural area once What are we doing? This does not propriations bills, spending bills, which every 2 weeks and now this may very make any sense. We are a bit younger, we always are allowed to offer amend- well close it; all these billions of dol- on average, than most Members here, ments to. lars in cuts to the veterans assistance but this makes no sense. I do not know and health care and death benefit, I any other way to say it than this is So what it boils down to, and 10 were just cannot vote for it in good con- crazy, what we are doing here. This conference reports and 10 were proce- science. So that means that that can- makes no sense, at the same time we dural. But what that boils down to is not even happen. are giving half a million people, mak- that since I was elected and have Ms. WASSERMAN SCHULTZ. Can I ing half a million more here, huge tax served in Congress 11 months, we have ask you another question on that cuts. had one bill, one substantive bill, that point. In the time that you have been Mr. MEEK of Florida. It is not what had an open rule, one where we could here, which is 3 years now, has a mo- we are doing, it is what the majority is offer any idea we wanted. tion to recommit ever passed out of the doing. Now, my colleague from Florida House of Representatives since you Mr. RYAN of Ohio. It is late, and I talked earlier about how we all put our have been here? appreciate my colleague correcting me. pant legs on one at a time. And I wear Mr. MEEK of Florida. No, no. It does Mr. MEEK of Florida. It is not what pants and sometimes I wear skirts, and not happen. we are doing. sometimes I wear pajamas. I might be Ms. WASSERMAN SCHULTZ. So Mr. RYAN of Ohio. It is what we are bringing those tomorrow because we they never send a bill back to com- fighting against. are not sure how long we are going to mittee even if something may be wrong Mr. MEEK of Florida. It is what we be here and how long they are going to with it? are fighting against. And guess what? hold that vote open until they get their Mr. MEEK of Florida. No. way. But we were also all elected by Number 7, provides that notwith- Those that come to the floor, and I the same number of people, or we cer- standing the operation of the previous guarantee there will be some come to tainly represent the same number of question, the Chair may postpone fur- the floor, and someone will give them a people, the same 633,000 people. But we ther consideration of the bill to a time piece of paper, and they will say, Okay, are not all treated equally in this designated by the Speaker. Now, that thank you, and they will run up here, Chamber, because on our side of the is the out in number 7, and I can tell grab the mike and they will say, Why aisle we are not allowed to provide the you, Mr. Speaker, in no way do I want do the Democrats not offer something? input that they say they want us to to see the American people go through Hello? The Rules Committee has spo- provide. what the majority wants them to go ken. It is done. Period. Dot. Even if through if this bill passes hypo- someone had a great idea, they cannot I actually just want to, if you do not thetically tomorrow. do it. And there is a history of this mind, tell a little story, because we That allows the Republican majority kind of abuse here in the House and should demonstrate what is going on to say, oh, the leadership, goodness, we muzzling individuals and people with here in this bill tomorrow. Gene could not get some of our Members to great ideas that want to help this Sperling, who was at one time Presi- vote against their own constituents country. But, better yet, the rule. dent Clinton’s top economic adviser, he that sent them up here; we tried but it And this is America. This is not a compared this budget and the cutting just could not happen because it was Third World country. This is not a in the budget to cutting only peanut the wrong thing to do. They thought Communist country. This is America. butter. I will share this story with you. about it. Some slept on it. Some got Ms. WASSERMAN SCHULTZ. I want Imagine the following: calls from their veterans and from to elaborate on what my colleague is The father of a financially stretched faith-based organizations that do what saying, because some people might family decides to live it up. He leases they can do on behalf of those that do think that this is unusual and that it is three fully loaded Hummer H1s for the not have as much as others; those that a rare occurrence that they would close bargain price of $9,750 a month, almost were concerned about the effects on the a bill and not allow us to offer any $10,000. As the family’s financial situa- environment that is in this budget; amendments. This is just my first year, tion deteriorates, the father calls the those that cared about children to have but I wanted to just check on what the family together for a belt-tightening an education environment, Mr. Speak- Republican leadership’s track record is discussion. He holds up a jar of Whole er, where you do not have kids on one in terms of allowing us the input that Foods chunky peanut butter and says, end that had breakfast, lunch and din- they say they so desperately want us to Do you realize we are spending $4.49 on ner because their families were able to provide. this? We could be saving $2.04 if we provide it versus those kids that could There have been about 85 bills, as of bought Skippy Peanut Butter for only have been stricken by natural disaster last Thursday, which was November 3, $2.45. or a father could have died or under 85 bills that we have considered on this His teenage son responds, like, Dad, this bill a single mother because we cut floor that were amendable. There are man, why are you busting on us about child enforcement dollars to help go lots of bills we consider that are under two bucks on peanut butter when you after deadbeat parents that are not what is called the suspension calendar, are spending like almost $10,000 a paying for it. and we vote those up or down. Those month on cars?

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00193 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25676 CONGRESSIONAL RECORD—HOUSE November 9, 2005 Then the father responds, Do not what is in House Resolution 4241. You celebrating historic record profits, that change the subject. We are talking can go on line, Members that have not we not only talk about those record about peanut butter. taken a look at that, they can look in profits here in Congress, that we do Well, that is essentially what the the morning, read over it, have staff something about it; and we make sure leadership is saying by giving tax cuts highlight exactly, verbatim, what we that those who cannot afford heating to millionaires and the greedy, their are talking about here. oil and LP gas this winter can receive cronies, and cutting programs for vet- I know the reason why the Rules a break on that. They stopped that erans, children, and the poor who are Committee, Republican majority, from happening. the needy. They are basically saying, closed the rule. I know why they did it. So when you start talking about We need to talk about the peanut but- Because on this side of the aisle we will where are the Democrats, where are ter, that is all that matters to us. do what we tried to do in the Budget their ideas? Well, guess what? We are In some of the time we have left, we Committee. We will replace the cuts not going to tell you that last night at should let people know just exactly that they made to veterans’ services 10 p.m., while some of you all were what the conscience vote is tomorrow, and health care. We will replace that. home asleep, we got them good. We so that people know when we all go to And guess what? Under the lights and shut them down. We put forth a rule sleep tonight just who is going to be in this Chamber they would have to go that they cannot even introduce their able to wake up and look at themselves up, take my voting card out, they ideas. And you know why they did it? in the mirror and hold their head up would have to go up to the machines Because they might very well have lost high. We are being asked tomorrow to that we have here and actually take some of their Members, who would vote to cut $844 million from food out their voting card and put it in the have had to take this card out and put stamps. They say there is fraud in the machine and go on the record, on the it in these machines behind these food stamp program and that we need board, saying that they are willing to chairs and vote for their constituents to reduce waste. cut child support enforcement. and the American people. Well, I held up this picture earlier to- I wonder what their State attorneys Mr. RYAN of Ohio. The American night, and I will hold it up again, be- are going to say and district attorneys people did not give the Republican cause I think it is very descriptive. are going to say when a single parent, Party the power that they have to use There is the picture of the 25,000 people nine times out of ten women, that are it to suppress good ideas or to suppress who lined up in Broward County today going to go into the State attorney’s other Americans’ voices. to apply for food stamps after getting office and prosecutor’s office and say, So the question may be, as we are hit by Hurricane Wilma. They started he ran out on me; he left me here with talking about the closed rule and all lining up at 3 a.m. They did not line up these four kids. I have not seen him the parliamentary procedures used for emergency funding. and he has not given a dime towards here to shut down Democrats, many Mr. RYAN of Ohio. Those are new child support. Can you help me? people would be saying, Well, what people. Those are not people who were Yes, they will take their informa- would you offer? tion. But you know what they will say? probably on food stamps. Well, a couple of things I can think of Ms. WASSERMAN SCHULTZ. These Ma’am, I am sorry, it is going to prob- off the top of my head, one of the are new people. The vast majority of ably take 3 years because we have a amendments we would offer on this people in this line were applying for backlog because of our friends in Con- floor is to strip the $16 billion that we the first time. gress. You need to call your Congress- are giving right now to the oil compa- Mr. RYAN of Ohio. And there are a man because they cut the child en- nies in corporate welfare. We would lot of other people in the country be- forcement money. take that back. The Democrats, Mr. cause the poverty rate has gone so But it gets worse, Mr. Speaker. The Speaker, would offer an amendment to high. three of us were members of the State repeal the $16 billion. Ms. WASSERMAN SCHULTZ. And legislatures. Mr. RYAN was in the sen- And the Democrats would offer an this does not come from FEMA money. ate in Ohio, Ms. WASSERMAN SCHULTZ This is not the emergency funding. and myself, we were in the senate in amendment on this floor tomorrow This comes right out of the food stamp Florida and in the house. My colleague during the budget debate to pull back program. from Florida speaks of the fact that the prescription drug Medicare Part D We have cuts in child care. We have she is a freshman here, but her public and put in the bill a provision to allow cuts that would prevent us from ensur- service goes beyond mine. I have been the Secretary of Health and Human ing that deadbeat dads are pursued. here 11 years, and I met her when I Services to negotiate down the drug There is a $4.9 billion cut from child came into the house because she was prices. support programs. As a result, parents already there a term before me. We would also put in there that we will receive $7.1 billion, as the chart So what is going to happen when it would allow reimportation to drive the points out, less in child support over 5 gets to the State legislatures? What costs down. We would save the Amer- years and $21.3 billion less over 10 are they going to do, Mr. Speaker? ican taxpayer, with just those two or years. They are going to make a cut, too, to three amendments tomorrow, billions There is a $577 million cut from fos- child support enforcement. and billions and billions of dollars. And ter care. Now, I know there are col- Ms. WASSERMAN SCHULTZ. They probably, over the course of the next leagues of mine on the other side of the will not have a choice. few years, we would be able to pay for aisle who are just bristling at that pos- Mr. MEEK of Florida. They will not Katrina and be able to invest in our sibility. They do not want to make it have a choice because we handed it to students through the Pell Grant and so that families cannot take children them. We gave it to them. the student loan, and be able to make in. So the Republican majority once sure that every child has adequate Mr. RYAN of Ohio. We are not kid- again uses this book. And the power health care. ding here either. If you are watching at that they have on the majority side to That is what we would offer. So if home, you might think these guys are close the rule, the power the people you are sitting at home paying atten- out there telling a story. gave to them, is to prevent us from tion to this debate, those are a couple Ms. WASSERMAN SCHULTZ. This is saying, Mr. Speaker, I have an amend- of the basic things the Democrats real. ment at the desk that will replace the would do. Mr. RYAN of Ohio. This is real stuff. cuts that are made to veterans, that I yield to my colleague. It is why we are up at 11:35 at night will replace the cuts made to child en- Ms. WASSERMAN SCHULTZ. I talking about it. forcement. Mr. Speaker, I have an thank my colleague. And there is good Mr. MEEK of Florida. My colleagues, amendment at the desk that will make news in all of this sadness. And that is it is not only what we are saying, it is sure that those oil companies that are the best word I can apply to this piece

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of garbage that we are going to con- make a career decision tomorrow be- Mr. DEFAZIO, for 5 minutes, today. sider tomorrow. There is good news, be- cause somebody told him to vote for Mr. GEORGE MILLER of California, for cause the voters get it. They know this something that they did not want to 5 minutes, today. country should be turned around and vote for in the first place. Mr. HINCHEY, for 5 minutes, today. moved in a new direction, and they We are going to make the right deci- Mr. WYNN, for 5 minutes, today. sent a very strong message yesterday. sions, decisions on behalf of the Amer- Mr. MCDERMOTT, for 5 minutes, We had a number of elections across ican people. May the blocks fall where today. this country yesterday, and in every they may. There is going to be a dif- Mrs. CHRISTENSEN, for 5 minutes, single one that rose and fell on issues ference between the Members and the today. like these, who won? The Democrats followers in this Chamber. It is impor- Mr. KIND, for 5 minutes, today. won. We will have a Democratic gov- tant that we let the American people Ms. CORRINE BROWN of Florida, for 5 ernor of Virginia, we will have a Demo- know who is standing for them. minutes, today. cratic governor of New Jersey. All So when Ms. WASSERMAN SCHULTZ Mr. DAVIS of Illinois, for 5 minutes, eight initiatives in California that talks about when judgment day comes today. would have abused the process, abused every 2 years, when Democrats, Repub- Ms. WATERS, for 5 minutes, today. democracy, that would have harmed licans and the one Independent we (The following Members (at the re- people had they passed in California, have, when people go to make their de- quest of Mr. POE) to revise and extend which were initiated by Republican cision, I want them to think about the their remarks and include extraneous Governor Arnold Schwarzenegger, were fact that they should vote principle material:) repudiated by the voters of California. over party. Do not go for, in the last Mr. KIRK, for 5 minutes, today. All eight were defeated. minute what we call in some areas of Mr. JONES of North Carolina, for 5 b 2345 this country, the okie-doke. Hey, I am minutes, today. strong on terror. I am with the trips. Mr. BURGESS, for 5 minutes, today. So it is very clear that the American We have Members flying to Iraq. Thank Mr. GINGREY, for 5 minutes, today. people are rejecting their agenda and you for fighting for our country; but do f want to go in a new direction. not talk to me when you become a vet- Mr. RYAN of Ohio. We have the new eran. I am just fresh off a vote cutting ENROLLED BILLS SIGNED ideas to take the country in a new di- your future benefits. But, hey, I am Mr. Trandahl, Clerk of the House, re- rection and get away from this corrup- with you all of the way. But as long as ported and found truly enrolled bills of tion and the cronyism of hiring friends you stay enlisted, we stay with you. the House of the following titles, which to run major organizations like FEMA. Mr. Speaker, I want to give the Web were thereupon signed by the Speaker: How rotten is the system, how cor- site out, but I wanted to make that H.R. 2490. An act to designate the facility rupt is a system that the Republican point so people remember what hap- of the United States Postal Service located majority will not go to the wealthiest pened this November. They came to the at 442 West Hamilton Street, Allentown, people, will not go to the oil companies floor and came willing to vote for a Pennsylvania, as the ‘‘Mayor Joseph S. or the pharmaceutical companies to budget that was unjust. Daddona Memorial Post Office’’. pay for Hurricane Katrina or invest in Mr. RYAN of Ohio. Mr. Speaker, the H.R. 3339. An act to designate the facility the student aid and those kinds of Web site is 30SomethingDems@ of the United States Postal Service located at 2061 South Park Avenue in Buffalo, New things because they need the money for mail.house.gov. Send an e-mail rec- their campaign contributions. That is a York, as the ‘‘James T. Molloy Post Office ommendation to the Members of this Building’’. corrupt system. That is what we want body tomorrow. And bring your PJ f to change. pants. We may be here into the wee We want to move away from that and hours of the morning. We want to BILL PRESENTED TO THE allow this body to once again become apologize in advance to the veterans PRESIDENT the independent body that it should be, organizations we are supposed to be at Jeff Trandahl, Clerk of the House re- that the Founding Fathers wrote up Friday morning for speaking engage- Article I, Section 1 in the Constitution ports that on November 4, 2005, he pre- ments because we may be here voting sented to the President of the United providing the oversight for the execu- on this budget. tive branch, like the Republican major- States, for his approval, the following f ity has shown they know how to do. bills. They did not do it for a great reason. LEAVE OF ABSENCE H.R. 2744. Making appropriations for Agri- They did it to get into the personal life culture, Rural Development, Food and Drug By unanimous consent, leave of ab- Administration, and Related Agencies for of President Clinton. sence was granted to: the fiscal year ending September 30, 2006, and But now we have public violations, Ms. KILPATRICK of Michigan (at the for other purposes. violations of the public trust through request of Ms. PELOSI) for today until H.R. 2967. To designate the Federal Build- CIA leaks, leaks of CIA prisons, and all 2:00 p.m. ing located at 333 Mt. Elliott Street in De- of this nonsense that has been going Mr. CONAWAY (at the request of Mr. troit, Michigan, as the ‘‘Rosa Parks Federal on. Let us restore some integrity back BLUNT) for today on account of attend- Building’’. to this place and get rid of the three ing a funeral. f C’s: corruption, cronyism, and the lack Mr. SWEENEY (at the request of Mr. ADJOURNMENT of competence. BLUNT) for today and November 10 on Mr. MEEK of Florida. Mr. Speaker, I account of personal reasons. Mr. RYAN of Ohio. Mr. Speaker, I want to read Point No. 4. This paper is f move that the House do now adjourn. still a little warm because they just The motion was agreed to; accord- carried out this act. It states: ‘‘Provide SPECIAL ORDERS GRANTED ingly (at 11 o’clock and 50 minutes that the amendment printed in the By unanimous consent, permission to p.m.), the House adjourned until to- Rules Committee report accompanying address the House, following the legis- morrow, Thursday, November 10, 2005, the resolution shall be considered as lative program and any special orders at 10 a.m. adopted.’’ heretofore entered, was granted to: f Why come to the floor tomorrow? We (The following Members (at the re- cannot offer an amendment. quest of Mr. KIND) to revise and extend EXECUTIVE COMMUNICATIONS, Mr. RYAN of Ohio. People are going their remarks and include extraneous ETC. to make career decisions tomorrow. material:) Under clause 8 of rule XII, executive Mr. MEEK of Florida. Yes, that is the Mr. EMANUEL, for 5 minutes, today. communications were taken from the bottom line. Some Member is going to Ms. WOOLSEY, for 5 minutes, today. Speaker’s table and referred as follows:

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00195 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25678 CONGRESSIONAL RECORD—HOUSE November 9, 2005 5083. A letter from the Congressional Re- 5094. A letter from the General Counsel, Protection Agency, transmitting the Agen- view Coordinator, APHIS, Department of FEMA, Department of Homeland Security, cy’s final rule — Approval and Promulgation Agrilculture, transmitting the Department’s transmitting the Department’s final rule — of Implementation Plans; Tennessee: Nash- final rule — Emerald Ash Borer; Quarantined List of Communities Eligible for the Sale of ville Area Second 10-Year Maintenance Plan Areas [Docket No. 05-067-1] received Novem- Flood Insurance [Docket No. FMA-7780] re- for the 1-Hour Ozone National Ambient Air ber 3, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); ceived October 19, 2005, pursuant to 5 U.S.C. Quality Standard [R04-OAR-2005-TN-0006- to the Committee on Agriculture. 801(a)(1)(A); to the Committee on Financial 200519(a); FRL-7990-3] received October 25, 5084. A letter from the Assistant Secretary Services. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the for Reserve Affairs, Department of Defense, 5095. A letter from the General Counsel, Committee on Energy and Commerce. transmitting the Department’s report on the FEMA, Department of Homeland Security, 5105. A letter from the Principal Deputy differing Army and Air Force policies for transmitting the Department’s final rule — Associate Administrator, Environmental taking adverse administrative actions Suspension of Community Eligibility [Dock- Protection Agency, transmitting the Agen- against National Guard officers in a State et No. FEMA-7893] received October 19, 2005, cy’s final rule — Revisions to the California status and a determination as to whether pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- State Implementation Plan, Ventura County changes are needed in those policies, pursu- mittee on Financial Services. Air Pollution Control District [R09-OAR- ant to 32 U.S.C. 104 note Public Law 107-314 5096. A letter from the General Counsel, 2005-CA-0005; FRL-7986-8] received October 25, section 511(b); to the Committee on Armed FEMA, Department of Homeland Security, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Services. transmitting the Department’s final rule — Committee on Energy and Commerce. 5085. A letter from the Secretary, Depart- Changes in Flood Elevation Determinations 5106. A letter from the Principal Deputy ment of Defense, transmitting a letter on the [Docket No. FEMA-7577] received October 19, Associate Administrator, Environmental approved retirement of Lieutenant General 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Protection Agency, transmitting the Agen- William Welser III, United States Air Force, Committee on Financial Services. cy’s final rule — Standards and Practices for and his advancement to the grade of lieuten- 5097. A letter from the General Counsel, All Appropriate Inquiries [SFUND-2004-0001; ant general on the retired list; to the Com- FEMA, Department of Homeland Security, FRL-7989-7] (RIN: 2050-AF04) received Octo- mittee on Armed Services. transmitting the Department’s final rule — ber 25, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); 5086. A letter from the Under Secretary for Final Flood Elevation Determinations — re- to the Committee on Energy and Commerce. 5107. A letter from the Principal Deputy Personnel and Readiness, Department of De- ceived October 19, 2005, pursuant to 5 U.S.C. Associate Administrator, Environmental fense, transmitting a letter on the approved 801(a)(1)(A); to the Committee on Financial Protection Agency, transmitting the Agen- retirement of Lieutenant General Philip R. Services. cy’s final rule — Approval and Promulgation Kensinger, Jr., United States Army, and his 5098. A letter from the General Counsel, of Air Quality Implementation Plans; Dela- advancement to the grade of lieutenant gen- FEMA, Department of Homeland Security, ware; Ambient Air Quality Standard for eral on the retired list; to the Committee on transmitting the Department’s final rule — Ozone and Fine Particulate Matter [R03- Armed Services. Suspension of Community Eligibility [Dock- OAR-2005-DE-0001; FRL-7992-3] received No- 5087. A letter from the Secretary, Depart- et No. FEMA-7891] received October 19, 2005, vember 1, 2005, pursuant to 5 U.S.C. ment of Defense, transmitting a letter on the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Energy and approved retirement of Lieutenant General mittee on Financial Services. 5099. A letter from the General Counsel, Commerce. Walter E. Buchanan III, United States Air FEMA, Department of Homeland Security, 5108. A letter from the Principal Deputy Force, and his advancement to the grade of transmitting the Department’s final rule — Associate Administrator, Environmental lieutenant general on the retired list; to the Changes in Flood Elevation Determinations Protection Agency, transmitting the Agen- Committee on Armed Services. — received October 19, 2005, pursuant to 5 cy’s final rule — Approval and Promulgation 5088. A letter from the Under Secretary for U.S.C. 801(a)(1)(A); to the Committee on Fi- of Air Quality Implementation Plans; Mary- Personnel and Readiness, Department of De- nancial Services. land; Repeal of NOx Budget Program COMAR fense, transmitting authorization of Major 5100. A letter from the Principal Deputy 26.11.27 and 26.11.28 [R03-OAR-2005-MD-0005; General Michael W. Peterson, United States Associate Administrator, Environmental FRL-7992-5] received November 1, 2005, pursu- Air Force, to wear the insignia of the grade Proection Agency, transmitting the Agen- ant to 5 U.S.C. 801(a)(1)(A); to the Committee of lieutenant general in accordance with cy’s final rule — Approval and Promulgation on Energy and Commerce. title 10 United States Code, section 777; to of Air Quality Implementation Plans; Vir- 5109. A letter from the Principal Deputy the Committee on Armed Services. ginia; Update to Materials Incorporated by Associate Administrator, Environmental 5089. A letter from the Under Secretary for Reference [VA200-5100; FRL-7985-6] received Protection Agency, transmitting the Agen- Personnel and Readiness, Department of De- November 1, 2005, pursuant to 5 U.S.C. cy’s final rule — Approval and Promulgation fense, transmitting authorization of Lieuten- 801(a)(1)(A); to the Committee on Energy and of Air Quality Implementation Plans; State ant General William T. Hobbins, United Commerce. of Utah; Provo Attainment Demonstration of States Air Force, to wear the insignia of the 5101. A letter from the Principal Deputy the Carbon Monoxide Standard, Redesigna- grade of general in accordance with title 10, Associate Administrator, Environmental tion to Attainment, Designation of Areas for United States Code, section 777; to the Com- Protection Agency, transmitting the Agen- Air Quality Planning Purposes, and Approval mittee on Armed Services. cy’s final rule — Approval and Promulgation of Related Revisions [RME Docket Number 5090. A letter from the Under Secretary for of Air Quality Implementation Plans; Colo- R08-OAR-2005-UT-0006; FRL-7992-6] received Personnel and Readiness, Department of De- rado; PM10 Designation of Areas for Air November 1, 2005, pursuant to 5 U.S.C. fense, transmitting authorization of Major Quality Planning Purposes, Lamar [CO-001- 801(a)(1)(A); to the Committee on Energy and General Michael D. Maples, United States 0076a; FRL-7983-4] received October 25, 2005, Commerce. Army, to wear the insignia of the grade of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5110. A letter from the Principal Deputy lieutenant general in accordance with title mittee on Energy and Commerce. Associate Administrator, Environmental 10 United States Code, section 777; to the 5102. A letter from the Principal Deputy Protection Agency, transmitting the Agen- Committee on Armed Services. Associate Administrator, Environmental cy’s final rule — National Emission Stand- 5091. A letter from the Under Secretary for Protection Agency, transmitting the Agen- ards for Hazardous Air Pollutants for Pri- Personnel and Readiness, Department of De- cy’s final rule — Approval and Promulgation mary Aluminum Reduction Plants [OAR- fense, transmitting authorization of Rear of Air Quality Implementation Plans; State 2002-0031; FRL-7992-8] (RIN: 2060-AK50) re- Admiral Patrick M. Walsh, United States of Utah; State Implementation Plan Correc- ceived November 1, 2005, pursuant to 5 U.S.C. Navy, to wear the insignia of the grade of tions [Docket No. R08-OAR-2005-UT-0002; 801(a)(1)(A); to the Committee on Energy and vice admiral in accordance with title 10, FRL-7987-9] received October 25, 2005, pursu- Commerce. United States Code, section 777; to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5111. A letter from the Principal Deputy mittee on Armed Services. on Energy and Commerce. Associate Administrator, Environmental 5092. A letter from the Under Secretary for 5103. A letter from the Principal Deputy Protection Agency, transmitting the Agen- Personnel and Readiness, Department of De- Associate Administrator, Environmental cy’s final rule — Revision to the Guideline fense, transmitting authorization of the en- Protection Agency, transmitting the Agen- on Air Quality Models (appendix W to 40 CFR closed list of officers to wear the insignia of cy’s final rule — Approval and Promulgation Part 51): Adoption of a preferred general pur- the grade of brigadier general accordance of Implementation Plans; North Carolina: pose (flat and complax terrain) dispersion with title 10, United States Code, section 777; Approval of Revisions to the Control of Visi- model and other revisions [AH-FRL-7990-9] to the Committee on Armed Services. ble Emissions Rule [R04-OAR-2005-NC-0001- (RIN: 2060-AK60) received November 1, 2005, 5093. A letter from the Comptroller, De- 200503, FRL-7988-2] received October 25, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of Defense, transmitting notifica- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Energy and Commerce. tion of advance billing for the Defense-Wide mittee on Energy and Commerce. 5112. A letter from the Secretary, Federal Working Capital Fund, pursuant to 10 U.S.C. 5104. A letter from the Principal Deputy Trade Commission, transmitting the Com- 2208; to the Committee on Armed Services. Associate Administrator, Environmental mission’s annual report for FY 2003 and 2004

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00196 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25679 on the implementation of the National Do tegic plan for fiscal years 2006 through 2011, Mr. PUTNAM: Committee on Rules. House Not Call Registry, pursuant to The Do Not in accordance with Pub. L. 103-62; to the Resolution 542. Resolution providing for con- Call Implementation Act; to the Committee Committee on Government Reform. sideration of the bill (H.R. 4241) to provide on Energy and Commerce. 5125. A letter from the Director, Office of for reconciliation pursuant to section 201(a) 5113. A communication from the President Management and Budget, transmitting a re- of the concurrent resolution on the budget of the United States, transmitting notifica- port entitled ‘‘Statistical Programs of the for fiscal year 2006 (Rept. 109–281). Referred tion that the national emergency with re- United States Government: Fiscal Year to the House Calendar. spect to Iran, as declared by Executive Order 2006’’; to the Committee on Government Re- f 12170 on November 14, 1979, is to continue in form. effect beyond November 14, 2005, pursuant to 5126. A letter from the Executive Sec- PUBLIC BILLS AND RESOLUTIONS 50 U.S.C. 1622(d); (H. Doc. No. 109–68); to the retary/Chief of Staff, U.S. Agency for Inter- Under clause 2 of rule XII, public Committee on International Relations and national Development, transmitting a report ordered to be printed. pursuant to the Federal Vacancies Reform bills and resolutions were introduced 5114. A letter from the Director, Pentagon Act of 1998; to the Committee on Govern- and severally referred, as follows: Renovation Program, Department of De- ment Reform. By Mr. BISHOP of Georgia: fense, transmitting the Department’s certifi- 5127. A letter from the Executive Sec- H.R. 4261. A bill to provide eligibility for cation that the total cost for the planning, retary/Chief of Staff, U.S. Agency for Inter- veterans benefits for individuals who served design, construction and installation of national Development, transmitting a report in the United States merchant marine in the equipment for the renovation of wedges 2 pursuant to the Federal Vacancies Reform Southeast Asia theater of operations during through 5 of the Pentagon, cumulatively, Act of 1998; to the Committee on Govern- the Vietnam Era; to the Committee on Vet- will not exceed four times the total cost for ment Reform. erans’ Affairs. the planning, design, construction, and in- 5128. A letter from the Deputy Assistant By Mr. ENGLISH of Pennsylvania: stallation of equipment for the renovation of Administrator for Regulatory Programs, H.R. 4262. A bill to provide a standard de- wedge 1, pursuant to 10 U.S.C. 2674; to the NMFS, National Oceanic and Atmospheric duction for business use of a home; to the Committee on Armed Services. Administration, transmitting the Adminis- Committee on Ways and Means. 5115. A letter from the Assistant Director, tration’s final rule — Magnuson-Stevens By Mr. MARKEY (for himself, Mr. Executive & Political Personnel, Depart- Fishery Conservation and Management Act EMANUEL, Mr. SANDERS, Mr. NADLER, ment of Defense, transmitting a report pur- Provisions; Fisheries of the Northeastern and Mr. HINCHEY): suant to the Federal Vacancies Reform Act United States; Emergency Fishery Closure H.R. 4263. A bill to amend the Internal Rev- of 1998; to the Committee on Government Re- Due to the Presence of the Toxin That enue Code of 1986 to impose a temporary form. Causes Paralytic Shellfish Poisoning [Dock- windfall profit tax on crude oil, to establish 5116. A letter from the Assistant Director, et No. 050613158-5262-03; I.D. 090105A] (RIN: the Consumer Energy Assistance Trust Executive & Political Personnel, Depart- 0648-AT48) received October 31, 2005, pursuant Fund, and to provide for a rebate to energy ment of Defense, transmitting a report pur- to 5 U.S.C. 801(a)(1)(A); to the Committee on consumers; to the Committee on Ways and suant to the Federal Vacancies Reform Act Resources. Means, and in addition to the Committees on of 1998; to the Committee on Government Re- 5129. A letter from the Federal Liaison Of- Energy and Commerce, and Education and form. ficer, Patent and Trademark Office, Depart- the Workforce, for a period to be subse- 5117. A letter from the Assistant Director, ment of Commerce, transmitting the Depart- quently determined by the Speaker, in each Executive & Political Personnel, Depart- ment’s final rule — Provisions for Claiming case for consideration of such provisions as ment of Defense, transmitting a report pur- the Benefit of a Provisional Application with fall within the jurisdiction of the committee suant to the Federal Vacancies Reform Act a Non-English Specification and Other Mis- concerned. of 1998; to the Committee on Government Re- cellaneous Matters [Docket No.: 2005-P-053] By Mr. MCINTYRE: form. (RIN: 0651-AB65) received October 28, 2005, H.R. 4264. A bill to amend title 38, United 5118. A letter from the Assistant Director, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- States Code, to improve the outreach activi- Executive & Political Personnel, Depart- mittee on the Judiciary. ties of the Department of Veterans Affairs, ment of Defense, transmitting a report pur- 5130. A letter from the Chief, Regulations and for other purposes; to the Committee on suant to the Federal Vacancies Reform Act and Administrative Law, USCG, Department Veterans’ Affairs. of 1998; to the Committee on Government Re- of Homeland Security, transmitting the De- By Ms. HART: form. partment’s final rule — Drawbridge Oper- H.R. 4265. A bill to establish a pilot pro- 5119. A letter from the Assistant Director, ation Regulations; Atlantic Intracoastal Wa- gram to provide grants to encourage eligible Executive & Political Personnel, Depart- terway, Onslow Beach, North Carolina institutions of higher education to establish ment of Defense, transmitting a report pur- [CGD05-05-048] (RIN: 1625-AA09) received Sep- and operate pregnant and parenting student suant to the Federal Vacancies Reform Act tember 8, 2005, pursuant to 5 U.S.C. services offices for pregnant students, par- of 1998; to the Committee on Government Re- 801(a)(1)(A); to the Committee on Transpor- enting students, prospective parenting stu- form. tation and Infrastructure. dents who are anticipating a birth or adop- 5120. A letter from the Assistant Director, 5131. A letter from the Chief, Regulations tion, and students who are placing or have Executive & Political Personnel, Depart- and Administrative Law, USCG, Department placed a child for adoption; to the Com- ment of Defense, transmitting a report pur- of Homeland Security, transmitting the De- mittee on Education and the Workforce. suant to the Federal Vacancies Reform Act partment’s final rule — Drawbridge Oper- By Mr. PICKERING (for himself, Mr. of 1998; to the Committee on Government Re- ation Regulation; CSX Railroad, TAYLOR of Mississippi, Mr. WICKER, form. Hillsborough River, mile 0.7 Tampa, FL Mr. JINDAL, Mr. ALEXANDER, Mr. BON- 5121. A letter from the Assistant Director, [CGD07-04-148] (RIN: 1625-AA09) received Sep- NER, Mr. BOUSTANY, and Mr. Executive & Political Personnel, Depart- tember 8, 2005, pursuant to 5 U.S.C. MCCRERY): ment of Defense, transmitting a report pur- 801(a)(1)(A); to the Committee on Transpor- H.R. 4266. A bill to amend the Robert T. suant to the Federal Vacancies Reform Act tation and Infrastructure. Stafford Disaster Relief and Emergency As- of 1998; to the Committee on Government Re- 5132. A letter from the Chief, Regulations sistance Act to provide temporary emer- form. and Administrative Law, USCG, Department gency assistance for primary residences 5122. A letter from the Secretary, Depart- of Homeland Security, transmitting the De- damaged or destroyed by Hurricanes Katrina ment of Transportation, transmitting the partment’s final rule — Security Zone; High and Rita; to the Committee on Transpor- Department’s annual report for FY 2004 pre- Capacity Passenger Vessels in the Seven- tation and Infrastructure. pared in accordance with Section 203 of the teenth Coast Guard District [CGD17-05-003] By Mr. BEAUPREZ (for himself and Notification and Federal Employee Anti- (RIN: 1625-AA87) received September 8, 2005, Mrs. MUSGRAVE): discrimination and Retaliation Act of 2002 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 4267. A bill to provide for the coordi- (No FEAR Act), Public Law 107-174; to the mittee on Transportation and Infrastruc- nation and use of the National Domestic Pre- Committee on Government Reform. ture. paredness Consortium by the Department of 5123. A letter from the Administrator, En- f Homeland Security, and for other purposes; vironmental Protection Agency, transmit- to the Committee on Transportation and In- ting the Agency’s report entitled ‘‘Annual REPORTS OF COMMITTEES ON frastructure. Report to Congress on Implementation of PUBLIC BILLS AND RESOLUTIONS By Mr. DEAL of Georgia (for himself, Public Law 106-107’’; to the Committee on Mrs. MYRICK, and Mr. PRICE of Geor- Government Reform. Under clause 2 of rule XIII, reports of gia): 5124. A letter from the Chairman, Occupa- committees were delivered to the Clerk H.R. 4268. A bill to improve proficiency tional Safety and Health Review Commis- for printing and reference to the proper testing of clinical laboratories; to the Com- sion, transmitting the Commission’s stra- calendar, as follows: mittee on Energy and Commerce.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00197 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25680 CONGRESSIONAL RECORD—HOUSE November 9, 2005 By Mr. GORDON: to the Committees on Energy and Com- H.R. 4285. A bill to increase the number of H.R. 4269. A bill to amend title XVIII of the merce, Education and the Workforce, and trained detection canines of the Department Social Security Act to provide for cost-based Veterans’ Affairs, for a period to be subse- of Homeland Security, and for other pur- reimbursement for ambulance services fur- quently determined by the Speaker, in each poses; to the Committee on Homeland Secu- nished directly by, or under arrangements case for consideration of such provisions as rity, and in addition to the Committees on with, a critical access hospital; to the Com- fall within the jurisdiction of the committee the Judiciary, and Transportation and Infra- mittee on Energy and Commerce, and in ad- concerned. structure, for a period to be subsequently de- dition to the Committee on Ways and Means, By Mr. LATHAM (for himself, Mr. termined by the Speaker, in each case for for a period to be subsequently determined PETERSON of Minnesota, Mr. MCCAUL consideration of such provisions as fall with- by the Speaker, in each case for consider- of Texas, Mr. GOODE, and Mr. in the jurisdiction of the committee con- ation of such provisions as fall within the ju- FORTUN˜ O): cerned. risdiction of the committee concerned. H.R. 4277. A bill to amend title 38, United By Mr. SHAW: By Mr. GRIJALVA: States Code, to provide veterans enrolled in H.R. 4286. A bill to amend the Internal Rev- H.R. 4270. A bill to amend the Reclamation the health system of the Department of Vet- enue Code of 1986 to allow electric utility Wastewater and Groundwater Study and Fa- erans Affairs the option of receiving covered companies to expense the cost of replacing cilities Act to authorize the Secretary of the health services through facilities other than above-ground electric transmission lines Interior to participate in the Avra/Black those of the Department; to the Committee with underground electric transmission Wash Reclamation and Riparian Restoration on Veterans’ Affairs. lines; to the Committee on Ways and Means. Project; to the Committee on Resources. By Ms. LEE (for herself, Mrs. By Mr. SHERMAN (for himself, Mr. By Mr. GRIJALVA: CHRISTENSEN, Mr. OWENS, Ms. MCKIN- BERMAN, and Mr. MARSHALL): H.R. 4271. A bill to amend the Reclamation NEY, Mr. GRIJALVA, Ms. CARSON, Mr. H.R. 4287. A bill to amend the Internal Rev- Wastewater and Groundwater Study and Fa- KUCINICH, and Mr. CLAY): enue Code of 1986 to allow a deduction for cilities Act to authorize the Secretary of the H.R. 4278. A bill to assist teachers and pub- portion of charitable contributions related Interior to participate in modifications to lic safety officers in obtaining affordable to Hurricane Katrina or Hurricane Rita in the Pima County Wastewater Management housing; to the Committee on Financial computing adjusted gross income; to the Regional Treatment System for Improved Services. Committee on Ways and Means. Reclaimed Water Production; to the Com- By Ms. MCKINNEY: By Mr. STUPAK: mittee on Resources. H.R. 4279. A bill to redesignate the Federal H.R. 4288. A bill to amend title 38, United By Mr. FARR (for himself, Mr. ROHR- building located at 935 Pennsylvania Avenue States Code, to provide a presumption of ABACHER, Ms. WOOLSEY, Mr. FRANK of Northwest in the District of Columbia as the service connection for injuries classified as Massachusetts, Mr. CONYERS, Mr. ‘‘Frank F. Church Federal Building’’; to the cold weather injuries which occur in vet- HINCHEY, Ms. BALDWIN, Mr. MCDER- Committee on Transportation and Infra- erans who while engaged in military oper- MOTT, Mr. CASE, and Mr. KUCINICH): structure. ations had sustained exposure to cold weath- H.R. 4272. A bill to amend the Controlled By Mrs. MYRICK (for herself, Ms. er; to the Committee on Veterans’ Affairs. Substances Act to provide an affirmative de- FOXX, Mr. JONES of North Carolina, By Mr. UDALL of Colorado: fense for the medical use of marijuana in ac- Mr. MCHENRY, and Mr. TAYLOR of H.R. 4289. A bill to promote health care cordance with the laws of the various States, North Carolina): coverage parity for individuals participating and for other purposes; to the Committee on H.R. 4280. A bill to ensure that States do in legal recreational activities or legal the Judiciary, and in addition to the Com- not accept an individual taxpayer identifica- transportation activities; to the Committee mittee on Energy and Commerce, for a pe- tion number as proof of identification or on Energy and Commerce, and in addition to riod to be subsequently determined by the legal residence; to the Committee on Trans- the Committees on Ways and Means, and Speaker, in each case for consideration of portation and Infrastructure. Education and the Workforce, for a period to such provisions as fall within the jurisdic- By Mr. NUNES: be subsequently determined by the Speaker, tion of the committee concerned. H.R. 4281. A bill to amend the Tariff Act of in each case for consideration of such provi- By Ms. HARRIS: 1930 and the Internal Revenue Code of 1986 sions as fall within the jurisdiction of the H.R. 4273. A bill to make single family relating to importation of tobacco products; committee concerned. housing owned by the Department of Hous- to the Committee on Ways and Means. By Mr. WOLF (for himself, Mr. LANTOS, ing and Urban Development available for By Mr. PAUL (for himself, Mr. JONES of Mr. SOUDER, Mr. ROHRABACHER, Ms. purchase by teachers and public safety offi- North Carolina, Mr. DUNCAN, Mr. PELOSI, Mr. SMITH of New Jersey, Mr. cers at a discount; to the Committee on Fi- DEFAZIO, Mr. BARTLETT of Maryland, INGLIS of South Carolina, Mr. BURTON nancial Services. Mr. BURTON of Indiana, Mr. MILLER of of Indiana, and Mr. STARK): By Mrs. JONES of Ohio: Florida, and Mr. BISHOP of Utah): H. Con. Res. 294. Concurrent resolution H.R. 4274. A bill to amend the Internal Rev- H.R. 4282. A bill to amend the Federal calling on the international community to enue Code of 1986 and the Employee Retire- Food, Drug, and Cosmetic Act concerning condemn the Laogai, the system of forced ment Income Security Act of 1974 to provide foods and dietary supplements, to amend the labor prison camps in the People’s Republic for protections with respect to the accrued Federal Trade Commission Act concerning of China, as a tool for suppression main- benefits of participants during conversions of the burden of proof in false advertising cases, tained by the Chinese Government; to the pension plans to cash balance plans; to the and for other purposes; to the Committee on Committee on International Relations. Committee on Education and the Workforce, Energy and Commerce. By Mr. ABERCROMBIE: and in addition to the Committee on Ways By Mr. ROGERS of Alabama (for him- H. Res. 543. A resolution providing for con- and Means, for a period to be subsequently self, Mr. MEEK of Florida, and Mr. sideration of the joint resolution (H.J. Res. determined by the Speaker, in each case for MCCAUL of Texas): 55) requiring the President to develop and consideration of such provisions as fall with- H.R. 4283. A bill to require the Comptroller implement a plan for the withdrawal of in the jurisdiction of the committee con- General to conduct a review of the basic United States Armed Forces from Iraq; to cerned. training provided by United States Customs the Committee on Rules. By Mrs. KELLY: and Border Protection to Border Patrol By Mr. CAMP (for himself, Mr. OBER- H.R. 4275. A bill to amend Public Law 106- agents to ensure that this training is being STAR, and Mr. ROGERS of Michigan): 348 to extend the authorization for estab- conducted as efficiently and cost-effectively H. Res. 544. A resolution recognizing and lishing a memorial in the District of Colum- as possible; to the Committee on Homeland supporting the goals and ideals of National bia or its environs to honor veterans who be- Security. Adoption Month; to the Committee on Gov- came disabled while serving in the Armed By Mr. ROGERS of Alabama (for him- ernment Reform. Forces of the United States; to the Com- self, Mr. KING of New York, Mr. mittee on Resources. THOMPSON of Mississippi, Mr. MCCAUL f By Mr. LARSON of Connecticut (for of Texas, Mr. PEARCE, Mr. SIMMONS, himself and Ms. DELAURO): and Mr. SHAYS): PRIVATE BILLS AND H.R. 4276. A bill to amend the Internal Rev- H.R. 4284. A bill to direct the Inspector RESOLUTIONS enue Code of 1986 to impose a windfall profit General of the Department of Homeland Se- tax on oil and natural gas (and products curity to conduct reviews of certain contract Under clause 3 of rule XII, thereof) and to use the proceeds of the wind- actions by the Department of Homeland Se- Mr. VAN HOLLEN introduced a bill (H.R. fall profit tax collected to carry out the curity for the new Secure Border Initiative; 4290) for the relief of Judith Atuh Tanjoh, Low-Income Home Energy Assistance Act to the Committee on Homeland Security. Serge Mbah Tikum, Marie Noel Tikum, Em- and for medical services provided by the De- By Mr. ROGERS of Alabama (for him- manuel Ngwa Tikum, and Roger Fon Tikum; partment of Veterans Affairs; to the Com- self, Mr. MCCAUL of Texas, and Mr. which was referred to the Committee on the mittee on Ways and Means, and in addition PEARCE): Judiciary.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00198 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 CONGRESSIONAL RECORD—HOUSE 25681 ADDITIONAL SPONSORS H.R. 3630: Mr. PICKERING and Mr. JINDAL. MCCARTHY, Mr. MCNULTY, Mr. FATTAH, Mr. H.R. 3640: Mr. BOUCHER, Mr. STARK, Mr. HINOJOSA, Mr. HOLDEN, Mr. GRIJALVA, and Under clause 7 of rule XII, sponsors OWENS, Ms. CORRINE BROWN of Florida, Ms. Mr. WEXLER. were added to public bills and resolu- JACKSON-LEE of Texas, Mr. PAYNE, Mr. H.R. 4238: Mr. MARCHANT, Ms. GINNY tions as follows: MCNULTY, Mr. GRIJALVA, Mr. LEWIS of Geor- BROWN-WAITE of Florida, Mr. FEENEY, Mr. H.R. 23: Mr. CRAMER. gia, Mr. RUSH, Mr. MCDERMOTT, Ms. WOOL- PITTS, Mrs. MYRICK, Mr. GINGREY, Mr. H.R. 147: Mr. RANGEL and Mr. CLYBURN. SEY, and Ms. BORDALLO. CHABOT, Mr. GOODE, Mr. GUTKNECHT, Mr. H.R. 354: Mr. ROTHMAN. H.R. 3642: Mr. WAXMAN, Ms. SCHAKOWSKY, KING of Iowa, Mr. GARRETT of New Jersey, H.R. 503: Ms. EDDIE BERNICE JOHNSON of Ms. CORRINE BROWN of Florida, Mr. GRI- Mr. KUHL of New York, Mr. MCHENRY, Mr. Texas, Mr. MEEHAN, and Mr. FITZPATRICK of JALVA, Mr. MCNULTY, Mr. OWENS, Mr. LYNCH, PRICE of Georgia, Mr. JINDAL, Mr. ISSA, Mr. Pennsylvania. Mrs. CHRISTENSEN, Mr. REYES, Ms. JACKSON- DOOLITTLE, Mr. BARRETT of South Carolina, H.R. 551: Mr. ANDREWS and Mrs. NAPOLI- LEE of Texas, Mr. GENE GREEN of Texas, Ms. Mr. GOHMERT, Mr. WILSON of South Carolina, TANO. LINDA T. SA´ NCHEZ of California, and Mr. Mr. KLINE, Mr. WESTMORELAND, Mr. WELDON H.R. 552: Mr. MARCHANT. MEEKS of New York. of Florida, and Mr. COLE of Oklahoma. H.R. 602: Mr. CARNAHAN. H.R. 3657: Ms. ZOE LOFGREN of California, H.R. 4239: Mr. KLINE and Mr. PEARCE. H.R. 615: Mrs. WILSON of New Mexico. Mr. SMITH of Washington, and Mr. FILNER. H.R. 4243: Mr. RUPPERSBERGER. H.R. 688: Mr. GINGREY. H.R. 3748: Mr. LEWIS of Georgia, Mr. VAN H.R. 4259: Mr. WEXLER. H.R. 698: Mr. FOLEY, Mr. LINDER, Ms. FOXX, HOLLEN, Ms. CORRINE BROWN of Florida, Mr. H. Con. Res. 42: Mr. UPTON. ARTER AM OHNSON Mr. C , Mr. S J of Texas, and BUTTERFIELD, Mr. FATTAH, Mr. HOLT, Ms. H. Con. Res. 222: Mr. TERRY. Mr. MILLER of Florida. APTUR HOMPSON K , Mr. T of Mississippi, Mrs. H. Con. Res. 230: Mr. SMITH of Texas, Ms. H.R. 772: Ms. DEGETTE and Mr. WYNN. APPS BERSTAR ONES C , Mr. O , Mrs. J of Ohio, BEAN, Mrs. MCCARTHY, and Mr. DOOLITTLE. H.R. 896: Mr. STUPAK. Mr. CARDIN, Mr. EMANUEL, and Mr. DAVIS of H. Con. Res. 231: Mr. ALLEN. H.R. 939: Mr. INSLEE. Florida. H. Con. Res. 234: Mr. PASTOR and Ms. KAP- H.R. 1067: Ms. DELAURO. H.R. 3753: Mr. GALLEGLY. TUR. H.R. 1131: Ms. HART and Mr. HERGER. H.R. 3875: Mr. MCNULTY, Mr. JEFFERSON, H. Con. Res. 235: Mr. MICHAUD. H.R. 1188: Mr. SIMMONS. Mr. COSTA, Mr. WEXLER, and Ms. MCKINNEY. H. Con. Res. 272: Ms. BEAN, Mr. HINOJOSA, H.R. 1264: Mr. SOUDER and Mr. LATHAM. H.R. 3889: Mr. BISHOP of Georgia. and Mrs. KELLY. H.R. 1414: Mr. HIGGINS. H.R. 3908: Mr. CALVERT. H. Con. Res. 273: Ms. MCKINNEY. H.R. 1578: Mr. GERLACH, Mr. THOMPSON of H.R. 3917: Mr. GRIJALVA. H. Con. Res. 285: Mr. ROGERS of Alabama. California, and Mr. HOLT. H.R. 3922: Mr. NADLER, Mr. CROWLEY, Ms. H. Con. Res. 287: Mr. AL GREEN of Texas, H.R. 1588: Ms. LEE. CARSON, Mrs. CAPPS, Mr. HONDA, Ms. SCHA- Mr. LIPINSKI, Mr. WAXMAN, Ms. BORDALLO, H.R. 1663: Mr. TURNER. KOWSKY, Mr. BONNER, Mrs. CHRISTENSEN, Mr. Mr. LEWIS of Georgia, and Ms. SOLIS. H.R. 1668: Mr. GUTIERREZ and Mr. RYAN of STUPAK, Ms. BERKLEY, Mr. WU, Mr. LEWIS of Ohio. Georgia, Mr. GENE GREEN of Texas, Mr. H. Con. Res. 288: Mr. FARR. H.R. 1940: Mr. MENENDEZ and Ms. SOLIS. UDALL of New Mexico, Ms. MCKINNEY, Ms. H. Con. Res. 289: Mr. CARNAHAN. H.R. 1951: Mr. BARROW and Mr. SERRANO. PELOSI, Mrs. MALONEY, Ms. MCCOLLUM of H. Con. Res. 293: Ms. SOLIS. H.R. 2092: Ms. NORTON, Ms. DEGETTE, and Minnesota, Mrs. TAUSCHER, Mr. UDALL of H. Res. 196: Mr. BROWN of Ohio, Mr. Mr. WATT. Colorado, Mr. ENGEL, and Mr. VAN HOLLEN. CLEAVER, Mr. DOGGETT, Mr. SMITH of Wash- H.R. 2134: Ms. WOOLSEY. H.R. 3923: Mr. PAUL and Mr. TERRY. ington, Mr. GONZALEZ, Mr. RUPPERSBERGER, H.R. 2206: Mr. BARROW. H.R. 3924: Mr. PAUL. and Mr. STRICKLAND. H.R. 2231: Mr. WILSON of South Carolina, H.R. 3969: Mr. BOOZMAN. H. Res. 223: Mr. STARK, Ms. ZOE LOFGREN of H.R. 4006: Mr. RAMSTAD. Mr. FATTAH, Mr. CARNAHAN, Ms. WATSON, Mr. California, and Mr. GRIJALVA. H.R. 4049: Mrs. TAUSCHER, Mr. DANIEL E. SHAYS, Ms. CARSON, Mr. JEFFERSON, Mr. H. Res. 230: Mr. SPRATT, Mr. ANDREWS, and LUNGREN of California, Ms. MATSUI, AND MS. BECERRA, Mr. BRADY of Pennsylvania, Mr. Mr. OLVER. ESHOO. REYES, Mr. BISHOP of Georgia, Mr. SANDERS, H. Res. 409: Mr. STUPAK. H.R. 4062: Mr. GONZALEZ, Ms. SOLIS, and Mr. FILNER, Mr. MORAN of Virginia, and Mr. H. Res. 410: Mr. DOYLE. Mr. BROWN of Ohio. DEFAZIO. H. Res. 456: Mr. LANTOS, Mr. FALEOMA- H.R. 4063: Mr. GIBBONS, Mr. PAYNE, Mr. H.R. 2234: Mr. TIERNEY and Mr. CASTLE. VAEGA, and Mrs. MALONEY. SHAYS, Mr. WAXMAN, Mr. CUMMINGS, Mr. H.R. 2683: Mr. SERRANO. H. Res. 458: Mr. PRICE of North Carolina. MCDERMOTT, Mr. HOLT, Mr. LATHAM, Mr. H.R. 2716: Mr. BARROW. H. Res. 479: Mr. GONZALEZ. WOLF, Mr. ALLEN, Mr. FOLEY, Mr. HOYER, H.R. 2747: Mr. BISHOP of Georgia. H. Res. 499: Mr. GERLACH, Mr. FITZPATRICK and Ms. LEE. H.R. 2808: Ms. LEE and Mr. SALAZAR. of Pennsylvania, Mr. PITTS, and Mr. SHIM- H.R. 4086: Ms. JACKSON-LEE of Texas, Mr. H.R. 2926: Mr. WAXMAN. KUS. PAUL, and Mr. MILLER of Florida. H.R. 2961: Mr. SHUSTER, Mr. MCHUGH, and H. Res. 504: Mr. CARTER. H.R. 4098: Mr. LINCOLN DIAZ-BALART of Mr. SALAZAR. H. Res. 505: Mr. LANGEVIN, Mrs. DAVIS of Florida, Mr. SHAYS, Mr. PETERSON of Min- H.R. 3044: Mr. BRADY of Pennsylvania. California, Mr. THOMPSON of Mississippi, Mr. nesota, and Mr. KILDEE. SCHIFF, Mr. LARSEN of Washington, and Mr. H.R. 3049: Mr. KLINE. H.R. 4099: Mrs. MYRICK, Mr. NEUGEBAUER, GONZALEZ. H.R. 3128: Mr. FATTAH. Mr. ROHRABACHER, Mr. BARTLETT of Mary- CKERMAN UHL H.R. 3183: Mr. BLUMENAUER. land, Mr. WELDON of Florida, Mr. WILSON of H. Res. 517: Mr. A , Mr. K of OLT H.R. 3195: Mr. SERRANO, Ms. LEE, Mr. South Carolina, and Mr. WESTMORELAND. New York, and Mr. H . BISHOP of Georgia, Ms. CORRINE BROWN of H.R. 4110: Mr. BRADY of Pennsylvania. H. Res. 524: Mr. DAVIS of Tennessee and Mr. Florida, Mr. BROWN of Ohio, Mr. BRADY of H.R. 4145: Mr. NEY, Mr. RUPPERSBERGER, GEORGE MILLER of California. Pennsylvania, Mr. DAVIS of Illinois, Mr. Mr. JONES of North Carolina, Mr. PETERSON H. Res. 526: Mr. SIMMONS. WYNN, and Mr. HINCHEY. of Minnesota, Mr. HINCHEY, and Mr. DOG- H.R. 3334: Mr. PASTOR, Ms. DEGETTE, Mr. GETT. f DOOLITTLE, Ms. DELAURO, Mr. THOMPSON of H.R. 4194: Mr. BASS, Mr. LANTOS, and Mr. Mississippi, Mr. WEXLER, and Mr. MEEKS of MORAN of Virginia. New York. H.R. 4196: Mr. GONZALEZ. DELETIONS OF SPONSORS FROM H.R. 3369: Mr. DEFAZIO. H.R. 4200: Mr. STUPAK, Mrs. MILLER of PUBLIC BILLS AND RESOLUTIONS H.R. 3547: Mr. PAUL and Mr. KUHL of New Michigan, Mrs. MYRICK, Mr. POE, Mr. FOLEY, Under clause 7 of rule XII, sponsors York. Mrs. BONO, Mr. BURTON of Indiana, and Mr. were deleted from public bills and reso- H.R. 3569: Mr. CARNAHAN. SHUSTER. H.R. 3607: Mr. FATTAH. H.R. 4223: Mr. CUMMINGS, Mr. HASTINGS of lutions as follows: H.R. 3614: Mr. GINGREY. Florida, Mr. JEFFERSON, Mr. WYNN, Mrs. H.R. 4200: Mr. LEWIS of California.

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A TRIBUTE TO THE REVEREND Robins, soon to become the Dodgers. Al went Over the course of her legal career, Judge CANON H. GREGORY SMITH on to catch for the Boston Braves, the Pitts- Miller has been respected as a scholarly and burgh Pirates and the Cleveland Indians. Al incisive jurist, receiving numerous awards for HON. ROBERT A. BRADY retired after 19 years in the majors, during her work. Among the honors she has received OF PENNSYLVANIA which he was a two time All-Star and earned are the Westchester Women of the Year IN THE HOUSE OF REPRESENTATIVES the record for the most games caught— Award, the New York State Bar Association’s 1,918—a record he held until 1987. Ruth H. Schapiro Award, the Women’s Bar Wednesday, November 9, 2005 But AI’s career was far from over. He went Association of the State of New York’s Found- Mr. BRADY of Pennsylvania. Mr. Speaker, I on to manage for 14 years, earning a .581 ers Award, and the Pace School of Law Lead- rise today to honor Reverend Canon H. Greg- winning percentage and a spot in Baseball’s ership Award. In 2005 the Westchester Wom- ory Smith as he commemorates the 25th anni- Hall of Fame in 1977. Al brought both the en’s Bar Association Foundation established versary of his ordination. Reverend Smith is Cleveland Indians and the Chicago White Sox the ‘‘Justice Sondra M. Miller Scholarship,’’ highly respected and beloved by the worship- to the World Series and managed several All- which will be awarded annually. ping community of St. Luke’s Episcopal Star teams. However, he may be best known Sondra’s work in our community is far- Church in Germantown, Pennsylvania, and for managing teams that finished ahead of the reaching. She is a respected and valued has earned this respect in the many roles he New York Yankees between 1949 and 1964. member of the League of Women Voters, has taken on throughout his life. Al Lopez’s success inspired countless Planned Parenthood, Hadassah, the Harvard A graduate of Bradley University, Reverend Tampa youngsters to pursue their baseball Club, and the Westchester Jewish Center. Smith majored in Education and Music, and dreams. In his honor, Tampa dedicated Al Sondra and her husband Stanley Gelfman also trained professionally as a tenor. After Lopez Field in 1954 and Al Lopez Park in live in Westchester County. She is a devoted graduation, he went on to work for the Red 1992. Those who had the pleasure of getting mother to Sabrina and David Miller, Miriam Cross, but he never forgot his childhood to know Al remember him as being the con- and Gary Reback, Seth and Amanda Miller, dream of working in the White House. His fa- summate gentleman. In spite of his fame, Al Wendy and Andrew Tatarsky, Sarri and Rick ther had told him that the only black people in was always kind and eager to hear what oth- Harner, and a loving grandmother to her 13 the White House were servants, but the young ers had to say. grandchildren. Reverend Smith vowed that he would some- AI’s remarkable skill and performance as a Mr. Speaker, I ask my colleagues to join me day work at the White House, and not as a player on the field and a manager on the side- in honoring Judge Sondra Miller and in thank- servant. True to his word, Reverend Smith lines was only exceeded by his exemplary ing her for a career of dedicated service to the soon moved on from his position at the Red character and the commitment to others he citizens of New York. Cross to become a writer at the White House exhibited throughout his life. His very powerful f for First Lady Betty Ford. example will undoubtedly inspire generations After three years at the White House, Rev- to come. On behalf of the entire Tampa Bay A TRIBUTE TO THE CORPORATE erend Smith left to follow a call to attend semi- community, I extend my deepest sympathies HEROES OF HURRICANE KATRINA nary at Nashota House, and was ordained in to Al’s family. Al gave so much to his home- June of 1980. Since then, he has served as town. In turn, Tampa will forever remember HON. JO BONNER Pastor in Chicago, Atlanta, and Denver. and honor Al Lopez. OF ALABAMA Today, Mr. Speaker, I wish to express my f IN THE HOUSE OF REPRESENTATIVES deep gratitude for Reverend Smith’s years of Wednesday, November 9, 2005 service to the community, and I extend my HONORING JUDGE SONDRA warmest congratulations to him on this 25th MILLER Mr. BONNER. Mr. Speaker, today I rise to anniversary of his ordination. I ask that you highlight some of the exceptional actions and my other distinguished colleagues rise to HON. NITA M. LOWEY taken by our corporate citizens in the wake of congratulate him on all of his accomplish- OF NEW YORK Hurricane Katrina. ments. IN THE HOUSE OF REPRESENTATIVES It is common to hear criticism from this floor of our Nation’s largest companies, and I think f Wednesday, November 9, 2005 it is only fair to recognize the good these com- HONORING AL LOPEZ Mrs. LOWEY. Mr. Speaker, I rise today to panies do in times of national emergency. honor Judge Sondra Miller on her retirement The cover of a September Fortune maga- HON. JIM DAVIS from the Appellate Division of the Supreme zine reads: ‘‘Government Broke Down. Busi- OF FLORIDA Court of the State of New York. ness Stepped Up. How Wal-Mart, FedEx, and A graduate of Wellesley College and Har- IN THE HOUSE OF REPRESENTATIVES Home Depot got the job done after Katrina.’’ vard Law School, Sondra Miller has had a dis- We have a select committee working hard Wednesday, November 9, 2005 tinguished career as an Associate Justice to address the first part of this headline. We Mr. DAVIS of Florida. Mr. Speaker, I rise in since her appointment to the court by Gov- should also recognize and learn lessons from honor of Al Lopez, Tampa’s beloved son and ernor Cuomo in 1990. She also made notable the second part of the headline, how business one of America’s greatest baseball players contributions in her service as a Family Court stepped up. and managers. Judge in Westchester County. The Wall Street Journal on September 12, Born in Ybor City as the son of a cigar fac- Judge Miller is an active member of the 2005, said, ‘‘The Federal Emergency Manage- tory worker, Al Lopez never forgot his roots. legal community. She currently serves as ment Agency could learn some things from His devotion to his hometown as he rose Commissioner of the Governor’s Permanent Wal-Mart Stores, Inc.’’ Indeed, FEMA could. through the ranks of baseball stardom was Judicial Commission on Justice for Children, a I recall talking to a mayor in my district in one of many reasons that ‘‘Senor,’’ as he was member of the New York State Bar Associa- September of last year when Hurricane Ivan affectionately nicknamed, was so cherished in tion Special Committee on Justice and the had just devastated his city and much of the the Tampa community. Community, a founding member of Judges Alabama Gulf Coast. He said the community’s Al was the first Tampa native to play in the and Lawyers Breast Cancer Alert (JALBCA), demands on the government for basic serv- major leagues. He launched his major league and a Member of the Board of Visitors at Pace ices such as water, food, and ice were relent- career in 1928 as a catcher for the Brooklyn University School of Law. less and almost overwhelming. Then the city’s

● 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 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00200 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 EXTENSIONS OF REMARKS 25683 Wal-Mart SuperCenter reopened; the cavalry TRIBUTE TO ALL MEN AND worked as a lieutenant and commander of the had arrived. The mayor said it was as if a WOMEN WHO HAVE SERVED special investigations bureau, for the depart- huge weight had been lifted. ment’s narcotics unit. He previously was com- Mr. Speaker, this Wal-Mart store did not re- HON. DANIEL LIPINSKI mander of the internal affairs bureau. At the open without careful planning, without superb OF ILLINOIS time of Mr. Downs’ death, he was one of the execution, and without the extraordinary effort IN THE HOUSE OF REPRESENTATIVES longest-serving active officers in the depart- of Wal-Mart employees in Alabama and ment. Wednesday, November 9, 2005 Mr. Downs worked tirelessly on behalf of throughout the Wal-Mart distribution system. Mr. LIPINSKI. Mr. Speaker, I rise today to our community for 38 years as a member of The efforts of Wal-Mart and other corporate pay tribute to all the dedicated men and the police force. On any given day, he was citizens have been extraordinary in response women who have served, and those who con- willing to sacrifice his own safety to protect to Hurricane Katrina. Wal-Mart Stores, Inc. tinue to serve and protect this great Nation. others. Mr. Downs was an exemplary citizen; has contributed $17 million to relief efforts and Veterans Day is a day of remembrance and his contributions to our community will be long donated 19 vacant facilities for use by relief rededication. We pause to remember the lived. agencies. noble service and great sacrifices of those Mr. Downs is survived by his wife, Carolyn. After the storm made landfall, the company who have worn our Nation’s uniform. And we He is also survived by his son, Kenneth immediately dispatched pre-positioned trucks rededicate ourselves, in the words of Presi- Downs; his daughter, Kris Loughney; his wife’s to the devastated region bearing $3 million dent Lincoln, ‘‘to care for him who shall have son, Michael Dick; three brothers; and five worth of emergency supplies. In addition, Wal- borne the battle.’’ grandchildren. The community of Fresno is Mart employees personally donated over $9 As our Nation is at war, we look to the saddened by his passing and I would like to million. brave mothers, fathers, sons and daughters extend my condolences to his family. that have answered the call to defend us. With f To quote Fortune magazine, ‘‘The world’s courage and character, American soldiers con- biggest company flexed its massive distribu- HONORING THE ACCOMPLISH- tinue to put themselves on the line to defend MENTS OF ANITA BOERI 93 YEAR tion muscle to deliver vital supplies to victims our freedom, and so many have paid the ulti- of Hurricane Katrina.’’ OLD WORLD WAR II MARINE mate sacrifice. VETERAN It was this distribution muscle that provided On this Veterans Day, let us remember the relief to the hardest hit areas. Wal-Mart service of our veterans, and let us renew our Stores, Inc. and its employees have earned national promise to fulfill our sacred obliga- HON. STEVE ISRAEL OF NEW YORK our respect and our heartfelt thanks. tions to our veterans and their families who have sacrificed so much so that we can live IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, there are other companies, Wednesday, November 9, 2005 perhaps not as large, that contributed in quiet, free. On the battlefield, the military pledges to unheralded ways to Hurricane Katrina relief. Mr. ISRAEL. Mr. Speaker, I rise today to ac- leave no soldier behind. As a nation, let it be knowledge the many accomplishments of One additional company I would like to high- our pledge that when they return home, we Anita Boeri, whose lifetime of service to her light is EADS, a European aerospace and de- leave no veteran behind. As more veterans re- family and country is cause for celebration and fense firm that has recently chosen to open a turn home from the battlefield, let us honor the honor this Veterans’ Day. facility in Mobile, Alabama, my home town. service of all veterans, young and old, that Anita Boeri was born on July 6, 1912 to In the chaotic days immediately following have stood guard and fought so bravely to en- Louise and Rinaldo Boeri in the Italian enclave landfall of Hurricane Katrina, two EADS heli- sure our freedom. Our Nation must provide of East Harlem, NYC. After graduating from copters flew dangerous missions to rescue sufficient access to healthcare, adequate ben- Erasmus Hall High School, Ms. Boeri attended stranded victims, transport medical personnel, efits, and the supplemental resources our vet- Pratt Institute—the School of Home Econom- and deliver critical supplies to the Gulf Coast, erans were promised and so dearly need. We ics in Brooklyn, NY—obtaining a degree as a stopping only to load, unload, and refuel. owe our heroes no less. dietician. She also completed courses at the Today and every day, the prayers of the School of Business in Brooklyn. EADS also coordinated with Airbus to de- American people are with those who wear our After the outbreak of World War II, when the liver 23 tons of blankets, cots, tents and other country’s uniform. They serve a great cause U.S. Marine Corps called for female volun- items donated by the United Kingdom and and they follow a great tradition, handed down teers, Anita Boeri applied and was accepted to France. The aid was flown onboard the Airbus to them by America’s greatest heroes, our vet- the ‘‘Free a Marine to Fight’’ program as en- A300–600ST cargo jetliner, also known as the erans. Veterans from every era are the finest listed personnel on September 22, 1943. Her Beluga, from Europe to Brookley Field in Mo- of citizens. We owe them the life we know active duty began on November 30, 1943 with bile, Alabama. today. They command the respect of the a trip to Camp LeJeune, New River, NC for In addition to the rescue and aid missions, American people, and they have our ever- basic training boot camp. In January of 1944, EADS built a mobile medical rescue station in lasting gratitude. Ms. Boeri was a member of the first contin- Long Beach, Mississippi. EADS, the German May God bless our troops. May God bless gent of the Women’s Reserve Battalion to ar- government, and Airbus coordinated to move our veterans and their families. And may God rive on Parris Island, South Carolina. After a the 12-ton medical rescue station from Frank- bless the United States of America. week of orientation, she was assigned clerical furt to Atlanta. Once in Atlanta, the Airbus f duties in the office of the Commanding Gen- Beluga moved it to Mississippi. The rescue eral. station is staffed by 38 doctors and treats ap- A TRIBUTE TO RON DOWNS Anita Boeri was promoted to the rank of proximately 150 patients a day, handling ev- Sergeant and through her hard work and dedi- erything from routine immunizations to surgical HON. JIM COSTA cation, became a confidential clerk to Major procedures. OF CALIFORNIA General Clayton B. Vogel, Commanding Gen- eral, Parris Island. Ms. Boeri was honorably In this time of such extreme adversity for IN THE HOUSE OF REPRESENTATIVES discharged from the Marine Corps Women’s the people of the Gulf Coast, the people of Wednesday, November 9, 2005 Reserve on November 26, 1945. EADS truly came to our aid. I am humbled by Mr. COSTA. Mr. Speaker, I rise today in Following her career of service to her coun- their dedication and commitment to help in the honor of Lieutenant Ron Downs of Fresno, try, Anita Boeri spent the next 35 years of her recovery from Hurricane Katrina. California. Mr. Downs was a respected mem- life caring for her family. She cared for her ail- Mr. Speaker, I am truly grateful to the na- ber of the Fresno police department. He ing father and mother as well as her uncle tional and international corporations that made passed away Monday, October 31st, 2005 of who lived in the apartment above her. generous contributions in the wake of Hurri- a heart attack; he was three weeks away from In 1998, Anita Boeri moved to Atria Senior cane Katrina. I have singled out two for our retirement. Living in Huntington Station, NY. There she well-deserved thanks, and I am glad to call Mr. Downs was sworn as a police officer in joined the community with enthusiasm, volun- them neighbors. July 1, 1967, at the young age of 22. He teering for various duties in the gift shop and

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00201 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25684 EXTENSIONS OF REMARKS November 9, 2005 keeping in touch with Atria residents who were Galloway’s efforts, and those who followed RECOGNITION OF HONORABLE hospitalized. him, the Geraldine School community has a THOMAS R. SUOZZI Mr. Speaker, this weekend it will be my greater appreciation of the sacrifices made by great honor to present Ms. Boeri with two our veterans. HON. CAROLYN McCARTHY medals to recognize her achievements—the f World War II Victory Medal and the American OF NEW YORK Campaign Medal. As Veterans’ Day ap- PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES proaches, all Americans can look to the Wednesday, November 9, 2005 achievements of Anita Boeri as a model of HON. MAJOR R. OWENS commitment and service. OF NEW YORK Mrs. MCCARTHY. Mr. Speaker, this year, f IN THE HOUSE OF REPRESENTATIVES Governing.com, a leading online publication Wednesday, November 9, 2005 for and about State and local governments HONORING MR. JAMES BERTRAL and a subsidiary of Congressional Quarterly, GALLOWAY Mr. OWENS. Mr. Speaker, I was absent on announced their list of the 2005 Public Offi- Monday November 7, 2005 and Tuesday No- cials of the Year. Only eight State, county and HON. ROBERT B. ADERHOLT vember 8, 2005 due to unavoidable cir- local leaders from throughout our Nation re- OF ALABAMA cumstances in my Congressional District. Had ceived this most noteworthy award. It is an IN THE HOUSE OF REPRESENTATIVES I been present on November 7, I would have honor for me to bring to the attention of my voted: ‘‘yea’’ to H. Con Res. 260—Recog- Wednesday, November 9, 2005 colleagues and this House one of those eight nizing the 40th anniversary of the Second Vat- outstanding public officials, the Honorable Mr. ADERHOLT. Mr. Speaker, today I would ican Council’s Declaration on the Relation of Thomas R. Suozzi, County Executive of Nas- like to honor Mr. James Bertral Galloway, who the Church to Non-Christian Religions, Nostra sau County, New York. was born on November 3, 1924, in the Hope- Aetate, and the continuing need for mutual Tom Suozzi is a true leader. He has led well Community near Geraldine, Alabama. Mr. inter-religious respect and dialogue; ‘‘yea’’ to Nassau County for the past four years with Galloway was a Navy veteran who served H.R. 1973—the Water for the Poor Act of common, practical sense; with an approach to- stateside in Chincoteague, Virginia as an air 2005 and ‘‘yea’’ to H. Res. 444—the Gyneco- ward running government as a business; with mechanic, near the end of WorId War II. He logical Resolution for Advancement of Ovarian a vision to the future while not forgetting our later married the former Miss Pauline Mayes Cancer Education. past; all the while making paramount the on October 17, 1970. Until retirement, the two Had I been present on November 8, I would needs of the people of Nassau County. He of them taught school at Geraldine High have voted: ‘‘no’’ on the motion to Table the has established a record as County Executive, School. Mrs. Galloway taught remediation for Appeal of the Ruling of the Chair; ‘‘yea’’ to H. and before that as mayor of his home town of 30 years, and Mr. Galloway taught history and Res. 38—Expressing support for the acces- Glen Cove, New York, that can serve as a also coached basketball. sion of Israel to the Organization for Economic blueprint for governments at all levels, and As a devoted teacher, Mr. Galloway also Co-operation and Development; ‘‘yea’’ to H. yes, even the Federal Government, to follow. had a passion for the contributions of veterans Res. 302—Recognizing and commending the Upon his election as County Executive, Mr. to our society, and a desire to honor those continuing dedication and commitment of em- Suozzi inherited a county that had amassed a contributions. Mr. Galloway started the Geral- ployers of the members of the National Guard debt of $3 billion, had a junk bond rating and dine Veterans Day Program. Spanning three and the other reserve components who have was ready to be taken over by State interven- decades, 2005 marks its 31st year. This pro- been mobilized during the Global War on Ter- tion. County facilities such as parks and public gram has become a Geraldine staple, and its rorism and in defense of the United States; buildings were insufficient to meet the needs special nature is attested to by the fact that it and ‘‘yea’’ to H.R. 3770—Grant W. Green of the people. It has been said that ‘Nassau prompts surrounding communities to make Post Office Building Designation Act. County was not just on the brink of disaster, plans to attend each year. f In recent years, the Geraldine School ad- but rather had toppled over and was nearing ministration, in conjunction with the Student PERSONAL EXPLANATION terminal velocity.’ Government Association, has sponsored the Today, Nassau County has not only turned Veterans Day Program and has taken it to HON. BILL PASCRELL, JR. the corner on its financial woes, it is a national leader with its innovative ideas to governing. new heights. The well-organized program, with OF NEW JERSEY Since 2001, under the guidance of Mr. Suozzi, the participation of the SGA, sponsors, faculty, IN THE HOUSE OF REPRESENTATIVES and of course the veterans themselves in- the County has had a balanced budget every cludes being escorted to special seating, com- Wednesday, November 9, 2005 year; it has a $200 million surplus; it has had memorative speeches, drama productions, Mr. PASCRELL. Mr. Speaker, I rise to offer ten upgrades in its bond rating to an A+ level and martial music in front of the student body, a personal explanation. Earlier today, I was currently, and most significantly, this has all which numbers over 1,100. Each veteran is unavoidably detained on rollcall votes 573, been achieved without a tax increase in the recognized by name, service branch, years of 574, 575 and 576 due to a prior obligation in last three years. It is important to point out, service and theater of operations. There is a my district. Had I been present, I would have too, that during his tenure as mayor, Mr. special memorial component of the program, voted ‘‘nay’’ on rollcall vote 573 (to Table Ap- Suozzi had very similar problems and very to honor those veterans who have passed peal of the Ruling of the Chair on the Obey similar results. away during the year. Upon conclusion of the Motion to Instruct the Conferees on the De- Tom Suozzi is a visionary, looking to the fu- formal program, the veterans and their families partments of Labor, Health and Human Serv- ture for ways to grow an economy and to share a meal together and have the oppor- ices, and Education, and Related Agencies make Nassau County and suburbs in general tunity to visit the school, where the halls and Appropriations Act of 2006), ‘‘yea’’ on rollcall more affordable and livable for everyone, in- doorways have been decorated with a patriotic vote 574 (H. Res. 38, Expressing support for cluding seniors and our young people. But at theme. the accession of Israel to the Organization for the same time, he understands the benefits of It is with sadness I note that Mr. James Gal- Economic Co-operation and Development suburbia and combines his vision for the fu- loway passed away on July 13, 2005. I want H.R. 1973, The Water for the Poor Act of ture with the heritage of our past. to publicly express how deeply he will be 2005) and ‘‘yea’’ on rollcall vote 575 (H. Res. Mr. Speaker, Tom Suozzi has demonstrated missed. His efforts will not be forgotten or un- 302, Recognizing and commending the con- to all of us that governmental problems of our noticed, and although we mourn his absence, tinuing dedication and commitment of employ- past do not need to be transferred to future we celebrate his many years of unselfish serv- ers of the members of the National Guard and generations. They can be resolved with logical ice to the community. His sincerity and devo- the other reserve components who have been and brave initiatives. On behalf of this Con- tion to country and service shine to this day. mobilized during the Global War on Terrorism gress, and Nassau County, New York that I The Veterans Day Program at Geraldine and in defense of the United States and ‘‘yea’’ proudly represent, I congratulate Tom Suozzi School is one that has enriched countless on rollcall Vote 576 (H.R. 3770, Grant W. on being named Public Official of the Year lives for 31 years. Through Mr. James Bertral Green Post Office Building Designation Act). 2005.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00202 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 EXTENSIONS OF REMARKS 25685 IT’S TIME TO PULL THE PLUG ON counseling, testing, case management, sup- improving public education for all of Florida’s ASSISTANCE TO ETHIOPIA port groups, a food bank, and housing coun- schoolchildren. seling. In addition to his enormous contributions to HON. DANA ROHRABACHER BEBASHI has improved the lives of people Florida and Pasco County’s schools, John will OF CALIFORNIA in our region and beyond through its research, probably be best remembered for his char- IN THE HOUSE OF REPRESENTATIVES advocacy and community service programs. I acter. Always honest, always kind, John was applaud this remarkable organization as it beloved for his quick wit and his humble na- Wednesday, November 9, 2005 leads the way to better lives in the 21st cen- ture. I feel honored to have been among Mr. ROHRABACHER. Mr. Speaker, the tury. John’s many friends. The vast community of international community knows that the May I also extend my best wishes and deep ap- those who loved John was deeply saddened 15 election in Ethiopia was rigged, and yet our preciation to the two exemplary individuals by his loss. government and other nations along with inter- who will receive BEBASHI’s John Allen Blue When John retired just last year, we were national banks and aid agencies, continue to Award at the BEBASHI Gala on November 22, all happy to know that he would be able to prop up the corrupt regime of Prime Minister 2004. Bishop Vashti Murphy McKenzie and spend his retirement with his greatest love— Meles Zenawi. Last week Meles security State Senator Vincent Hughes will be recog- his wife and children. Their time together was forces killed 76 members of the opposition nized for their long-term outstanding leader- rich and full, but all too short. Today, I extend party that refused to join the parliament and ship and support to the HIV/AIDS community. my deepest sympathies to Marsha, Jennifer yet U.S. taxpayer money continues to flow. They and BEBASHI are to be congratulated and Jessica. John Long’s remarkable char- Mr. Speaker, what will it take to turn off the for their achievements and for leading the Na- acter and contributions will not be forgotten. spigot? The United States Agency for Inter- tion by example to work towards further im- national Development in FY 2004 spent $75 provement in HIV/AIDS care and education. f million propping up the Ethiopian dictators, in f FY 2005 it was $55 million and in FY 2006 it HONORING GEDALE HOROWITZ will be $51 million. What have we received in HONORING JOHN LONG return? We have aligned ourselves with a ruler HON. JIM DAVIS HON. NITA M. LOWEY who is complice in the murder of voters who OF NEW YORK only wanted an honest election. Thousands of OF FLORIDA IN THE HOUSE OF REPRESENTATIVES good people were arrested last week when IN THE HOUSE OF REPRESENTATIVES they peacefully took to the streets after the Wednesday, November 9, 2005 Wednesday, November 9, 2005 Ethiopian political opposition refused to join Mr. DAVIS of Florida. Mr. Speaker, I rise in Mrs. LOWEY. Mr. Speaker, I rise today to parliament because of the rigged election. honor Gedale Horowitz on 50 years working Many were greeted with live ammunition and honor of John Long, former Pasco County School Superintendent and former Florida with Salomon Brothers, Salomon Smith Bar- gunned down dead like animals. ney and Citigroup. Prime Minister Meles must now step aside House member whose sudden death last week is a terrible loss for our community and A graduate of Columbia College and Colum- and the international community must step for- bia Law School, Gedale Horowitz has had a ward to decide what to do about the stolen State. A Florida native, John earned his master’s distinguished career dating back to November elections. This week thousands came out to 1955 when he first joined Salomon Brothers. protest in front of the White House. Today degree and doctorate in education at the Uni- His career with Salomon Brothers took off in many Americans of Ethiopian origin are dem- versity of South Florida. His impressive career 1967 when he became a General Partner. onstrating at the State Department. Our Nation with Pasco County Schools began in 1976, From there, Gedale would go on to serve on must support them and democracy in Africa. when he was hired to oversee employee rela- the Executive Committee of Salomon Brothers Continuing business as usual with Ethiopia is tions, and culminated just one year ago when and on the board of Salomon Inc. from its in- not the way to do so. It’s not the American he retired after eight years of service as the ception in 1981 until its sale to Traveler’s way. Pasco County School Superintendent. Corp. in 1997. Let it be understood, America is on the side During that time, John became known far Gedale’s brilliant mind has been recognized of the people struggling for an honest demo- and wide as an asset to Pasco’s families and throughout the business world. He is a found- cratic government in Ethiopia. The popular op- school children—a dedicated servant to the er of the Public Securities Association, now position to Ethiopia’s current corrupt regime is schools, a highly effective problem solver and known as the Bond Market Association. He is comparable to the Orange Revolution in a fair and principled leader with an open ear also a former member of the U.S. Treasury Ukraine and the brave Lebanese demonstra- to all of the school system’s employees. Borrowing Advisory Committee of the Bond tors who removed the Syrian puppet regime in Whether he was listening and responding to Market Association, serving as its Chairman their country. Our State Department is often the concerns of teachers, parents and stu- from 1986 to 1987. Additionally, Gedale was wrong and timid. In the case of Ethiopia, dents or lobbying for Penny for Pasco, a appointed as an original member of the Secu- Americans clearly back democratic reform penny increase in the sales tax which voters rities and Exchange Commission’s Municipal movement and that should be our govern- approved in 2004 to benefit school construc- Securities Rulemaking Board, serving as its ment’s policy. tion and renovation efforts, John earned great Chairman in 1977. f respect for his tireless efforts. In 2000, the Florida Association of District School Super- Beyond his professional work, Gedale has A TRIBUTE TO BEBASHI intendents acknowledged his work by naming been a trusted and valued member of our him Florida’s Superintendent of the Year. community. He has served as a Trustee of HON. ROBERT A. BRADY John also served Pasco County in the Flor- Barnard College for over 29 years; he is a Trustee, Chairman Emeritus and member of OF PENNSYLVANIA ida House of Representatives from 1986 until the Executive Committee of the Board of IN THE HOUSE OF REPRESENTATIVES 1994. During his tenure, John secured millions in State funds for his community and fought Trustees of North Shore-Long Island Jewish Wednesday, November 9, 2005 for fair funding for the State’s public school Health Care System; a member of the Board Mr. BRADY of Pennsylvania. Mr. Speaker, I system. John quickly became known for his in- of Visitors of Columbia Law School; and the rise today to honor BEBASHI, as it commemo- tegrity and his ability to bring his colleagues past-President of the Jewish Community Rela- rates its 20th Anniversary as the first minority- from both sides of the aisle together. tions Council of New York, Inc. based AIDS Service Organization in the In fact, John was on the verge of becoming Gedale and his loving wife Barbara have United States. It was created in 1985 in reac- Speaker of the House when he walked away been married for 47 years. They are the proud tion to the growing rates of HIV/AIDS in the from his successful legislative career in order parents of two children and two grandchildren. African-American community of Philadelphia. to spend more time with his family. John’s de- Mr. Speaker, I ask my colleagues to join me Initially established as a volunteer program fo- parture from the Florida Legislature was a in honoring Gedale Horowitz for his years of cused on street outreach, BEBASHI has de- major loss to the State. John was truly a rep- service and for his dedication to helping his veloped into a full-service agency offering resentative for the entire State, especially in community.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00203 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25686 EXTENSIONS OF REMARKS November 9, 2005 CONGRATULATING MOBILE COUN- located at 205 West Washington Street in industry. Exxon and Shell recently reported TY PUBLIC SCHOOLS SUPER- Knox, IN, as the Grant W. Green Post Office third quarter profits that were $2 and $3 billion INTENDENT HAROLD DODGE FOR Building, I would have voted ‘‘yes’’. more than the greatest quarterly profits we BEING NAMED ALABAMA’S SU- f have ever seen, from any company, in the his- PERINTENDENT OF THE YEAR tory of the world. These historic profits are RECOGNITION OF THE GLENWOOD coming as the result of oil prices that are cur- HON. JO BONNER HIGH SCHOOL BOYS SOCCER TEAM rently around $60 a barrel and have recently OF ALABAMA been near $70 a barrel. Meanwhile, American consumers are facing IN THE HOUSE OF REPRESENTATIVES HON. JOHN SHIMKUS OF ILLINOIS astronomical prices at the pump and with win- Wednesday, November 9, 2005 IN THE HOUSE OF REPRESENTATIVES ter coming, an impending home heating crisis. According to projections in the Energy Infor- Mr. BONNER. Mr. Speaker, it is with great Wednesday, November 9, 2005 pride and pleasure that I rise to honor Mobile mation Administration’s recently released County schools Superintendent Harold Dodge Mr. SHIMKUS. Mr. Speaker, I rise today to ‘‘Short-Term Energy Outlook and Winter Fuels on the occasion of being named Alabama’s pay tribute to an outstanding group of young Outlook,’’ home heating oil prices are likely to 2006 Superintendent of the Year. men from Central Illinois. The Glenwood High be 31.5 percent higher than they were last Dr. Dodge has been a distinguished mem- School boys soccer team from Chatham, illi- year. This increase translates into an average ber of the Mobile, AL, community and a tre- nois, won the Class AA state championship on consumer expenditure of $1,577—an increase mendous advocate for the county school sys- November 5, with a 2–1 win over Rockford of $378 over last winter. Moreover, last year tem. He came to Mobile in 1998 to be the su- Boylan. This win followed a thrilling, double- only 15.6 percent of households eligible for perintendent of the Mobile County public overtime semifinal win, and continues a 19- the Low Income Home Energy Assistance school system, the State’s largest with over game winning streak for the Titans, who fin- Program nationwide were served. We can and 65,000 students and 8,000 employees. ished the year with a record of 26–1. must do better in addressing the additional Under the leadership of Dr. Dodge, the Mo- Mr. Speaker, I want to congratulate Head burden that both average consumers and low- bile County public school system has imple- Coach Jay Lipe, who also achieved his 100th income consumers will face as a result of the mented a nationally recognized strategic plan career victory this season, and assistant current price increases. that encourages sustained parental and com- coaches Greg Lipe, Tom Johnson and B.J. Our bill would take a portion of the historic munity involvement while focusing on making Moore on a truly outstanding season. Most of high profits that oil companies are making and children proficient in learning. His objectives all, I want to recognize the members of the use it to help the millions of American con- for the next year include increasing the num- 2005 state champion Chatham Glenwood Ti- sumers who are bearing the brunt of high en- ber of seniors who pass the High School tans soccer team: Brandon Lex, Trevor ergy costs. Our bill will help reverse the Bush Graduation Exam and increasing the number Noonan, Tim Johnson, James Dice, Jaron Administration’s policy to ‘‘Leave No Oil Com- of Highly Qualified Teachers all while oper- Stretch, Neil Wilmarth, Ryan South, Paul pany Behind’’ and would provide relief to ating below budget projections. I have full con- Hummel, Derek Schilson, Bryan Curry, Blair American consumers who are paying the price fidence that these objectives will be met under Spencer, Hunter Schad, Dennis McIlhaney, for the Republican Party’s energy mistakes. the leadership of Dr. Dodge in 2006. During Blake Vorreyer, Dan Short, Brett Dickson, f the last year, the Mobile County public school Paul South, Dominick Traina, Kevin Hopkins, PERSONAL EXPLANATION system received State and national attention Bobak Hadidi, Trevor Kohlrus and Dustin Cur- for the transformation process of its five low- tis. est-performing schools. These young men did an exceptional job of HON. SHERROD BROWN Mr. Speaker, there are few individuals more representing themselves, their school and their OF OHIO dedicated or more committed to our students community, and I wish them best of luck in all IN THE HOUSE OF REPRESENTATIVES than Harold Dodge, and I would like to offer of their future endeavors. Wednesday, November 9, 2005 my congratulations for being named Ala- f Mr. BROWN of Ohio. Mr. Speaker, on Mon- bama’s 2006 Superintendent of the Year and INTRODUCTION OF THE ‘‘WIND- day, November 7, 2005, I was unable to cast for his many professional achievements. I FALL PROFITS AND CONSUMER votes on 3 measures on the suspension cal- know his wife, Jean, and his many family and ASSISTANCE ACT OF 2005’’ endar. I ask that my absence be excused, and friends join with me in praising his accomplish- that the CONGRESSIONAL RECORD show that ments and extending thanks for his many ef- had I been present, I would have voted ‘‘yea’’ forts on behalf of the students of Mobile Coun- HON. EDWARD J. MARKEY on H. Con. Res. 260 (Recognizing the 40th ty and the State of Alabama. OF MASSACHUSETTS anniversary of the Second Vatican Council’s f IN THE HOUSE OF REPRESENTATIVES Declaration on the Relation of the Church to PERSONAL EXPLANATION Wednesday, November 9, 2005 Non-Christian Religions, Nostra Aetate, and Mr. MARKEY. Mr. Speaker, in the coming the continuing need for mutual inter-religious weeks, Democrats will be laying out a com- respect and dialogue), ‘‘yea’’ on H.R. 1973 HON. ROBIN HAYES (Water for the Poor Act of 2005), and ‘‘yea’’ OF NORTH CAROLINA prehensive energy strategy and a vision for America’s energy future. Today, Representa- on H. Res. 444 (Gynecological Resolution for IN THE HOUSE OF REPRESENTATIVES Advancement of Ovarian Cancer Education). tive RAHM EMANUEL and I are beginning that Wednesday, November 9, 2005 process by introducing a bill that would im- f Mr. HAYES. Mr. Speaker, I was unable to pose a windfall profits tax on the oil industry. TRIBUTE TO THE LIFE OF SISTER participate in the following votes. If I had been The Windfall Profits and Consumer Assist- ANNE LOUISE STOELZEL present, I would have voted as follows, No- ance Act of 2005 would impose a windfall vember 8, 2005: profits tax on oil companies on oil sold above HON. MARCY KAPTUR Rollcall vote 575, on motion to suspend the $40 a barrel. Our bill would then use half of OF OHIO rules and agree to H. Res. 302—recognizing the revenue generated by this tax to fund a IN THE HOUSE OF REPRESENTATIVES and commending the continuing dedication tax rebate for all American consumers to help and commitment of employers of the members them deal with their high gas and energy Wednesday, November 9, 2005 of the National Guard and the other Reserve costs. Our bill would use the other half of the Ms. KAPTUR. Mr. Speaker, it is with a components who have been mobilized during tax revenue to supplement funding for the sense of deep gratitude and sorrow that I rise the global war on terrorism and in defense of Low-Income Home Energy Assistance Pro- to pay tribute to the life of Sister Anne Louise the United States, I would have voted ‘‘yes’’. gram that helps poor families and seniors of Stoelzel, an Ursuline sister of Toledo, Ohio Rollcall vote 576, on motion to suspend the fixed incomes pay their energy bills. who passed from this life on Nov. 19. Sister rules and agree to H.R. 3770—to designate Now, more than ever, huge sums of money Anne Louise dedicated her life to the edu- the facility of the United States Postal Service are gushing into the pockets of the oil and gas cation of young women and men, and helped

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00204 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 EXTENSIONS OF REMARKS 25687 build St. Ursula Academy in our community Ellen, was a student of Sister Anne Louise’s. would not be denied health care coverage into a premier institution of advanced learning ‘‘She knew and understood math perfectly,’’ based on a pre-existing medical condition or at the high school level. She tutored students Mrs. Sears said. participation in legal recreational activities. Sister Anne Louise was moderator of the even into her 80’s and remained a smiling and On January 5, 2001, the Center for Medi- St. Ursula Alumnae Association from 1971 to care and Medicaid Services (CMS) released a vibrant presence to all who knew her. 2001 and was moderator emerita afterward. Sister Anne Louise took on the task of mod- She received the Alumna of the Year Award Final Rule for Nondiscrimination in Health erating the school’s large, and growing alum- in 1990. Coverage in a Group Market, which was re- nae association for 30 years, no small task, Not only was she a regular at St. Ursula quired under HIPAA. Under the rule, employ- after having taught mathematics for two dec- reunions, she kept in touch with alumnae ers are prohibited from refusing coverage ades. In 1990, she received the Alumna of the and followed the events of their lives. based simply on an employee’s participation in Year Award and was sought out and loved by ‘‘She knew all the grads, all the alumnae. a legal recreational activity, such as the school’s graduates. She remembered She knew their families and their daughters motorcycling, skiing, snowmobiling, horseback and granddaughters,’’ Mrs. Sears said. ‘‘You riding and all-terrain vehicle riding. However, them, followed their lives, amazingly, kept in mentioned somebody, she could tell you touch with thousands of girls, their families, CMS, in its interpretation of the word ‘‘partici- about her.’’ pation’’ effectively legalized the denial of bene- and their lives. Sister Anne Louise was a fan of St. Ursula She was an avid fan of St. Ursula sports sports teams and followed local high school fits for any injuries sustained while partici- teams and a regular attendee at games as St. sports, Mrs. Sears said. pating in these activities. Clearly, Congress Ursula’s winning teams rose to fame locally She was born Marie Kathryn Stoelzel and did not include specific language in HIPAA to and statewide. She rooted on the bench with grew up in the Old West End. She was a pa- provide coverage for people who engage in all she had in her. rishioner of Rosary Cathedral when she en- these activities, only to be denied coverage in Sister Anne Louise was a Toledoan through tered the Ursuline Community in 1943. the event they sustain an injury. The rule is Sister Anne Louise received bachelor of and through. She carried its values. She grew counter to the intent of Congress and should arts and bachelor of science in education de- be corrected. up in the Old West End, a parishioner at Ro- grees from the former Mary Manse College. sary Cathedral, and a woman in service to In 2001, I joined with several of my House She received a master’s degree from Catholic colleagues in sending a letter to HHS Sec- Christ throughout her most generous life. She University of America in Washington. retary Tommy Thompson asking him to re- held bachelor of arts and science degrees She was awarded National Science Founda- verse the CMS ruling, but he said it would from the former Mary Manse College in To- tion grants to pursue her post-graduate edu- take an act of Congress. I cosponsored legis- ledo, and received a master’s degree from the cation during summer breaks. Her studies lation that addressed this issue in the 108th Catholic University of America. Her pursuit of took her to the University of Notre Dame, St. Louis University, DePauw University, Congress. There is legislation that has been lifelong learning took her to many univer- Bowling Green State University, the Univer- introduced in the 109th Congress but that bill sities—Notre Dame, St. Louis University, sity of Toledo, and Ohio State University. excludes individuals who participate in skiing Bowling Green, Ohio State, and the University Sister Anne Louise previously taught at and snowboarding. That excludes a large of Toledo. the elementary schools of St. Teresa and St. number of people in my district and throughout No measure can be placed on the gift of the Thomas Aquinas in Toledo and at Lima, the country who are winter sports enthusiasts, life of one woman to her community. The life Ohio, Central Catholic High School. and I think it’s critical that they be covered for of Sister Anne Louise stands as living testa- She and her sister, Gertrude Trompeter, were close, and she visited the Trompeter any injuries they sustain from participating in ment to a woman who loved others more than winter sports. herself, who believed in the education and po- home on holidays and other occasions, her brother-in-law, Carl Trompeter, said. She Mr. Speaker, this bill, which is identical to tential of young women to excel and make also took a keen interest in her four neph- legislation introduced by Senator SUSAN COL- contributions to life beyond what we know ews—they called her Aunt Marie—and their LINS, is about fairness in health coverage for today. It was to that future that she gave her- families. the millions of Americans who enjoy skiing, self long before even the laws in the United Her sister died Nov. 19, 2003. motorcycle riding, horseback riding, ORV States afforded women equal opportunity in There are no immediate survivors. riding, or any other legal recreational activity. education. Visitation will begin at 3 p.m. today in the It also further clarifies Congress’ intent when it Our entire community sends its sympathies Ursuline Center, where there will be a vigil passed this landmark law, which has helped to the sisters of St. Ursula and the loving com- service at 7 tonight. Funeral services will be at 10 a.m. tomorrow in the Ursuline Center. so many Americans keep or obtain health in- munity of women and men that surrounded Arrangements are by the Coyle Funeral surance. I look forward to working with my col- her, and St. Ursula’s ongoing mission toward Home. leagues on both sides of the aisle to pass this education of young women, and the advance- It is suggested that tributes be to the Ur- important legislation. ment of learning for the betterment of human- suline Sisters Retirement Fund. f kind. Sister Anne Louise lived with distinction f the legacy of St. Angela Merici, the foundress INTRODUCTION OF HIS PRIVATE of the Order of St. Ursula. May Sister Anne THE HIPAA RECREATIONAL IN- BILL FOR THE RELIEF OF JU- Louise rest in peace, a beloved daughter of JURY TECHNICAL CORRECTION DITH TANJOH AND HER CHIL- the Lord who served with love and faith ACT OF 2005 DREN SERGE, MARINE, EMMAN- throughout her precious life. UEL AND ROGER TIKUM ST. URSULA GRAD TAUGHT MATH AT ALMA HON. MARK UDALL MATER OF COLORADO HON. CHRIS VAN HOLLEN OF MARYLAND SISTER ANNE LOUISE STOELZEL, 1922–2005 IN THE HOUSE OF REPRESENTATIVES Sister Anne Louise Stoelzel, 83, a graduate IN THE HOUSE OF REPRESENTATIVES of St. Ursula Academy who taught mathe- Wednesday, November 9, 2005 Wednesday, November 9, 2005 matics at her alma mater for 20 years and Mr. UDALL of Colorado. Mr. Speaker, today was moderator of the school’s alumnae asso- Mr. VAN HOLLEN. Mr. Speaker, today I I am introducing the Health Care Parity for have introduced a bill for the relief of Judith ciation for 30 years, died Tuesday of conges- Participation for Legal Transportation and Rec- tive heart failure in the Ursuline Center. Tanjoh and her children Serge, Marie, Em- Sister Anne Louise retired from classroom reational Activities Act. This bill would protect manuel and Roger Tikum. teaching in 1991, but she continued to tutor those individuals who participate in legal rec- This family last entered the United States in math students until about two years ago. reational activities from being discriminated 1988 in A–2 diplomatic status from the Repub- ‘‘She was a very good teacher and very pa- against by their employers for health insur- lic of Cameroon when the now deceased hus- tient,’’ Sister Kathleen Padden said. ‘‘As a ance purposes. band of Judith Tanjoh was attached to the tutor, she taught not only the girls from the In 1996, Congress passed and the Presi- Cameroon Embassy. For the next several academy, but boys from St. Francis [de Sales dent signed into law the Health Insurance years the family lived in lawful status in the High School] and students from the public schools whose mothers might have been Portability and Accountability Act (HIPAA). U.S. through December 31, 1997 when the alumnae.’’ This legislation was enacted so that employ- husband was recalled to the Cameroon be- She was a strict teacher, ‘‘but an excellent ees could continue health care coverage if cause of Judith’s political activities against the teacher,’’ said Fran Sears, whose daughter, they switched jobs and so that employees Cameroon government.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00205 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25688 EXTENSIONS OF REMARKS November 9, 2005 Cameroon has been found by the U.S. First, by insisting that the harsher ‘‘exceptional offer my condolences to his daughters, June, State Department’s Country Reports on and compelling circumstances’’ standard ap- Diane and Donald; to the memory of his late Human Rights Practices to possess a ‘‘poor plies and that these circumstances were nei- wife, Janet and late son, Raymond; to his son- human rights record’’, continuing to commit ther exceptional nor compelling. Second, by in-law, Charles; to his grandchildren, ‘‘numerous serious abuses’’. After her hus- stating that the family was not statutorily eligi- Charlene, Christine, Cheryl, Lisa and Ray- band’s recall, Judith decided to file for asylum. ble for permanent residence because they mond Jr.; to his four great-grandchildren; and However, in turn her application was denied overstayed the Board of Immigration Appeals’ to his many friends. Although Barney Kilian by the INS Asylum Office, the Immigration December 17, 2002 Order granting a 30-day will be deeply missed, his love for the people Judge, the Board of Immigration Appeals, and voluntary departure period even though the of Old Brooklyn and their love for him will rise the U.S. Court of Appeals for the 4th Circuit. INS has never responded to the extension re- every Spring with the first sign of radiant color When the Board of Immigration Appeals ‘‘af- quests and even though the family timely pur- rising from Benjamin Franklin Gardens along firmed without opinion’’ the denial of the asy- sued their Petition for Review rights to the 4th Spring Road, and far beyond. lum application by the Immigration Judge on Circuit which only enforced the Board’s Order f December 17, 2002, it also permitted the fam- on November 10, 2003. ily to ‘‘voluntarily depart the U.S. . . . within Therefore, today I have introduced a Private CONGRATULATIONS TO GOVERNOR 30 days from the date of this order or any ex- Bill that will enable Judith Tanjoh and the ED RENDELL AND CONGRESS- tension beyond that time as may be granted Tikum children to obtain permanent residency. MAN BOB BRADY by the district director [of the INS]’’. Within that I hope my action today will help bring this 30-day period, Judith’s attorneys filed for an heartbreaking story to a close. HON. JOHN P. MURTHA extension of the voluntary departure period f OF PENNSYLVANIA and a Petition for Review in the U.S. Court of IN THE HOUSE OF REPRESENTATIVES Appeals for the 4th Circuit. Each filing was in IN HONOR AND REMEMBRANCE OF accordance with the family’s statutory and reg- BARNEY KILIAN Wednesday, November 9, 2005 ulatory rights. Mr. MURTHA. Mr. Speaker, I want to com- The INS has never responded to the re- HON. DENNIS J. KUCINICH mend Governor Ed Rendell and Congressman quest for extension of the voluntary departure OF OHIO BOB BRADY of Pennsylvania for their key roles period. The 4th Circuit issued its mandate on IN THE HOUSE OF REPRESENTATIVES in facilitating successful contract negotiations November 10, 2003 ‘‘enforcing the Board’s between the Southeastern Pennsylvania Wednesday, November 9, 2005 order of December 17, 2002’’. Of course, part Transportation Authority (SEPTA) and the of that order was permitting the family to vol- Mr. KUCINICH. Mr. Speaker, I rise today in labor union. untarily depart within 30 days. honor and remembrance of Barney Kilian, af- The following article, ‘‘The Pair Who Pow- While these proceedings were pending, INS fectionately known as the ‘‘Mayor of Old ered the SEPTA Deal,’’ illustrates Governor issued Judith authorization to work and she Brooklyn,’’ and beloved husband, father, Rendell’s and Congressman BRADY’s skillful obtained employment as a certified nursing grandfather, great-grandfather, community ac- and active leadership in resolving the issues assistant. Her employer has sponsored her tivist, expert gardener and friend to countless between the parties. They saw a large prob- (and her children derivatively) for lawful per- people in Cleveland’s Old Brooklyn neighbor- lem facing the region and without hesitation manent residence via the Labor Certification hood and far beyond. waded in, rolled up their sleeves, and brought process. That application, initially filed prior to Mr. Kilian lived life with great joy and energy everyone together. I believe their hands-on April 30, 2001, has been certified by the U.S. and was always willing to offer assistance to approach and the confidence that both sides Department of Labor and an Immigrant Work- anyone in need. His unwavering focus on the placed in their ability to handle the issues fair- er’s Visa Classification Petition has been welfare of the Old Brooklyn neighborhood ex- ly serves as an excellent reminder of the kind pending with INS since July, 2003. tended beyond the lines of ward borders. His An INS General Counsel’s Memo advises of dedicated public service everyone looks for life-long interest in local politics never sub- INS Government Attorneys to no longer apply in their elected leaders. sided; Mr. Kilian was an active member of the the ‘‘exceptional and compelling cir- [From the Philadelphia Inquirer, Nov. 8, Democratic Party and was elected to serve as cumstances’’ standard to motions to reopen 2005] Precinct Committeeman in Ward 15. for consideration of adjustment of status to THE PAIR WHO POWERED THE SEPTA DEAL In the Spring of 1980, at the age of 72, Mr. lawful permanent residence for persons who (By Larry King and Marcia Gelbart) Kilian led a volunteer effort to clean up and re- have been in deportation proceedings. The At 3:45 a.m. yesterday, he paced alone on store the historic Benjamin Franklin Commu- Memo instructs that the INS should join in an empty, shadowed sidewalk at Broad and nity Gardens. Neglected for decades, the Gar- such a motion (which otherwise could not be Walnut Streets. dens had become overgrown with weeds, He was not part of the SEPTA contract ne- filed if more than 3 months have expired since gotiations taking place above him on the the decision of the Board of Immigration Ap- rocks and refuse. Though a daunting task, Mr. Kilian welcomed the challenge of renewing the 11th floor of the Bellevue in Center City. But peals) if the alien is statutorily eligible and like an anxious mother hen, neither was he warrants a favorable exercise of discretion. Ju- site, which is the largest community garden in Cuyahoga County. Armed with a generous ever far from them. dith’s attorneys have twice requested the INS A passerby recognized the barrel-chested Chief Counsel’s Office in Baltimore to join in heart and quick wit, Mr. Kilian, with support figure in the dark-blue warm-up suit, a such a motion in this case. Since Judith’s from the Old Brooklyn Community Develop- thatch of gray curls atop his head. labor certification was timely filed to allow her ment Corporation, led neighborhood volun- Congressman Brady? to adjust her status to permanent residence, teers in transforming the seven-acre site into ‘‘Yeah, how you doin’?’’ came the familiar 220 plots of thriving, flourishing gardens. He gruff voice. she is statutorily eligible. Any news? ‘‘They’re done.’’ The family also clearly warrants a favorable restored the teaching garden utilized by adja- cent Benjamin Franklin Elementary School Done? When? ‘‘About 10 minutes ago.’’ exercise of discretion. Judith has been a hard- Two hours passed before Gov. Rendell working, tax-paying certified nursing assistant and set aside several plots where produce emerged with union and SEPTA leaders to for several years as she has worked with INS was specifically grown to help feed Cleve- announce the deal that ended the region’s permission. The children have successfully land’s hungry. For 21 consecutive growing transit strike. Together, the governor and progressed through our school system for the seasons, Mr. Kilian kept a watchful eye on the U.S. Rep. Robert A. Brady (D., Phila.) were last 15 years. Gardens. Making several trips a week, he called prime catalysts in events leading to The Tanjoh/Tikum family are not criminals. loaded up his old car and delivered the the proposed settlement. They are not terrorists. The children fear being produce to area hunger centers, including the The duo worked like this: Rendell relied on uprooted from their true home in the U.S. and Brookside Center, St. Herman’s, St. Mary’s his power over the state-created agency, and Brady relied on his patience to deal with the forced to live in a human rights abusive coun- and St. Augustine’s. personalities of its managers and union lead- try which they do not know and whose pre- Mr. Speaker and colleagues, please join me ers. dominant language they do not speak. in honor, remembrance and gratitude to Mr. As for other officials, State Sen. Vincent J. Yet, the INS Government Attorneys have Barney Kilian, whose life was framed by kind- Fumo (D., Phila.) was around but talking coldly rejected each overture for clemency. ness, humor and devotion to his community. I mostly through the ear of Brady. House

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00206 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 EXTENSIONS OF REMARKS 25689 Speaker John M. Perzel (R., Phila.) was set ernor, he said, ‘‘is a skilled mediator and a APPOINTMENT OF MR. BILL JANIS to jump in today, at a scheduled meeting at skilled politician.’’ AS A FELLOW TO NORTH- the Holiday Inn City Line, with SEPTA To be sure, there were other factors. WESTERN MICHIGAN COLLEGE board chairman Pasquale T. ‘‘Pat’’ Dean. And Mayor Street played a low-key role. ‘‘Looming in people’s minds was the 40-day He met with union leaders for five hours on strike,’’ said State Rep. Dwight Evans (D., HON. BART STUPAK Friday, phoned Deon later that day, and then Phila.). ‘‘People knew they could not afford OF MICHIGAN made at least two calls to the governor late to do that.’’ IN THE HOUSE OF REPRESENTATIVES Sunday. There was also, he said, the uncertain fate Wednesday, November 9, 2005 While Street was limited by strained ties of SEPTA’s financial future. with Harrisburg lawmakers, Rendell had ‘‘no Mr. STUPAK. Mr. Speaker, I rise today to choice’’ but to wade in, said J. Whyatt ‘‘Rendell’s message was ‘there is not going pay tribute to an outstanding member of the to be any new money,’ and that is the same Mondesire, president of the Philadelphia Traverse City, Michigan community, Mr. Wil- chapter of the NAACP. message Perzel and I were putting together Rendell ‘‘could not have an election cam- as legislative leaders,’’ Evans said. liam G. Janis. On September 23, Mr. Janis paign gearing up after the holidays, and a was appointed a Fellow to Northwestern As it turned out, that message was no Michigan College. Mr. Janis’ service to North- bitter public-transit strike in his backyard,’’ longer needed. he said. western Michigan College (NMC) stands as a And Brady, Mondesire said, was ‘‘a natural shining example to us all. bridge .... He talks a straight working- f Mr. Janis’ service to NMC spans a wide man’s kind of language . . . and because he range of roles including that of member and LEGAL SERVICES OF NORTHERN has political connections, the SEPTA people officer of the Board of Trustees; as a pas- VIRGINIA: CELEBRATING 25 listen to him.’’ sionate leader and supporter in helping estab- All involved with the negotiations said YEARS OF SERVICE Brady—a labor leader from the carpenters’ lish the Michigan Technical Education Center union and a peacemaker with a long record and as a life-long philanthropist whose efforts of settling feuds as a longtime head of the have helped establish the University Center, city’s Democratic Party—cajoled them to HON. JAMES P. MORAN Dennos Museum Center, M–TEC and the talk, to keep talking, to talk until their OF VIRGINIA Great Lakes Campus. minds could meet. Born to George and Mary Janis in 1943, Mr. IN THE HOUSE OF REPRESENTATIVES Brady ‘‘was very instrumental in this,’’ Janis is the oldest child in the Janis family. He said Jeffrey Brooks, president of Transport attended school in Grosse Isle, Michigan and Workers Union Local 234. Wednesday, November 9, 2005 graduated from Grosse Isle High School in Brady, of course, demurred—just as he did Mr. MORAN of Virginia. Mr. Speaker, I rise seven years ago at the end of the last SEPTA 1961. After graduation, he went on to serve strike when he stood three rows deep at a to honor a commendable and worthwhile non- his country in the United States Marine Corps. news conference to announce a deal he profit organization which operates in my con- Upon being honorably discharged from the helped broker to end that 40-day walkout. gressional district, the Legal Services of North- military, he continued his education at Michi- ‘‘I just keep ’em talking, that’s all,’’ he ern Virginia. gan State University where Mr. Janis grad- said in yesterday’s early hours. ‘‘They didn’t uated with a Bachelor of Arts Degree in 1970. talk for what—two, three days? This morn- Legal Services of Northern Virginia (LSNV) is celebrating its 25th year of providing free Upon graduating from Michigan State, Mr. ing I met with the governor and Jeff at 8. Janis took a job with Century, Inc. in Wyan- They agreed to try and kick-start this thing legal assistance and representation to those in dotte, Michigan. He worked in Wyandotte until back again. I told them, ‘If you do, please our society who are unable to secure it on he and seven employees moved the business don’t stop until it’s over. It’s got to be done their own. The founders and staff of this in- to Traverse City, Michigan in 1974. Today, Mr. sooner or later, so why not do it sooner in- valuable organization have dedicated their stead of later?’ ’’ Janis is the owner and President of Century, Brady was the first politician to visibly in- time and energy to give voice to those who Inc.; a business which employs two-hundred ject himself into the negotiations, turning often go unheard. and eighty workers. up late Tuesday as the contract negotiations The mission of Legal Services is to provide In 1976, Bill Janis and Susie Kildee ex- briefly resumed at the Crowne Plaza hotel. necessary legal assistance to low income indi- changed marriage vows. Together, with their Rendell, meanwhile, was the hands-on deal maker. He spoke out first from Harrisburg viduals and families. The organization assists children from previous marriages, Eddie and on Thursday, warning both sides that the its clients on a wide range of issues including Julie, they became a family. Bill and Susie strike was ‘‘killing’’ chances of getting the family law, consumer protections, housing, Janis still reside in Traverse City where Mrs. dedicated source of state funding that the employment, and access to health care. Janis serves on a number of community perennially strapped SEPTA so sorely needs, Through the work of LSNV, thousands of el- boards and charities. Mr. Janis is an active And once in town, he said, he made a point member of the Munson Hospital Board, the igible residents in Northern Virginia have of sitting down with Brooks and assuring Knife and Fork Club, and a Board Member of gained access to health care; moved into af- him that SEPTA’s pot of money for crafting Huntington National Bank. In addition, Mr. a deal was finite—that it was all a matter of fordable housing, received over due child sup- Janis is also the owner of Leorie Vineyards in slicing it fairly. port payments to care for their children, and Traverse City and a partner in Black Star That was the point made at a noon meet- achieved citizenship in our great country. ing on Sunday, where Brooks made his case Farm’s Winery. to 50 or so mostly elected officials whom Legal Services of Northern Virginia is an ex- Aside from his many business ventures, Mr. BRADY assembled at the Democratic City ample of a great equalizer in our society. Janis remains an active member of the Detroit Committee headquarters. Without its extraordinary work and commit- Men’s Club and is an honorary member of the ‘‘That’s one thing we made clear to both ment of its staff, conscientious instructions and Michigan State Varsity Athletic Club. Mr. Janis sides,’’ Rendell said. ‘‘If the strike goes on assistance, thousands of residents in Northern is also an avid golfer with memberships to too much longer, or if the settlement is not seen as affordable, then that seriously de- Virginia would not be able to pursue their legal some of the country’s most prestigious golf creases our chances of getting dedicated rights and responsibilities. clubs including The Bear in North Palm funding.’’ Over the course of 25 years, LSNV has Beach, Florida; Hobe Sound in Hobe Sound, Florida; The Medalist in Marshall, Michigan; City Councilman Michael A. Nutter said, made sure that rights are more than theo- ‘‘That meeting was certainly a part of what and the Grand Traverse Resort in Acme, retical concepts. It has worked to ensure that led to the contract.’’ Michigan. our laws and legal protections apply to all men All week long, Brady had been calling Mr. Speaker, I ask the U.S. House of Rep- and women equally, without regard to race, re- Brooks two or three times a day. Now, in resentatives to join me in recognizing Mr. Bill what would be the final moments, Rendell ligion, or income level. and his staff stuck side by side with Janis for being named a Fellow to North- SEPTA’s chief labor negotiator, Patrick I am proud to stand before you today, in the western Michigan College and for his tireless Battel, from ‘‘basically 9 a.m. Sunday until House of the people, to recognize the great service to the college and the organizations he we signed the memorandum of agreement at accomplishments of Legal Services of North- provides with dedicated leadership. Beyond 5:30 a.m.,’’ according to Battel. The gov- ern Virginia. his incredible credentials, leadership roles and

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00207 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25690 EXTENSIONS OF REMARKS November 9, 2005 accomplishments that span his lifetime, Mr. The American people have made it clear should be in a free, dynamic society. The bill Janis has shown unwavering commitment to they do not want the federal government to also requires that the FTC warn parties that the people he has known throughout that time. interfere with their access to dietary supple- their advertising is false and give them a Mr. Janis is an example of true American in- ments, yet the FDA and the FTC continue to chance to correct their mistakes. genuity and a person who continues to gener- engage in heavy-handed attempts to restrict Mr. Speaker, if we are serious about putting ously devote himself to the ideals he values such access. The FDA continues to frustrate people in charge of their health care, then most: his family, his work and his community. consumers’ efforts to learn how they can im- shouldn’t we stop federal bureaucrats from We in northern Michigan and those throughout prove their health even after Congress, re- preventing Americans from learning about sim- America who have benefited greatly from his sponding to a record number of constituents’ ple ways to improve their health. I therefore work and contributions thank him for his ef- comments, passed the Dietary Supplement call on my colleagues to stand up for good forts. and Health and Education Act of 1994 health care and the First Amendment by co- f (DSHEA). FDA bureaucrats are so determined sponsoring the Health Freedom Protection to frustrate consumers’ access to truthful infor- Act. CONGRATULATIONS TO COLONEL mation that they are even evading their duty to f JAMES KELLY, THE UNIVERSITY comply with 4 federal court decisions vindi- OF ALABAMA’S FIRST ASTRO- cating consumers’ First Amendment rights to TED KOPPEL: HE KNOWS THE BUR- NAUT AND PILOT OF THE SPACE discover the health benefits of foods and die- DEN OF THE IRAQ WAR MUST BE SHUTTLE ‘‘DISCOVERY’’ RETURN tary supplements. SHARED TO FLIGHT MISSION FDA bureaucrats have even refused to abide by the DSHEA section allowing the pub- HON. CHARLES B. RANGEL HON. JO BONNER lic to have access to scientific articles and OF NEW YORK OF ALABAMA publications regarding the role of nutrients in IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES protecting against diseases by claiming that Wednesday, November 9, 2005 every article concerning this topic is evidence Wednesday, November 9, 2005 of intent to sell a drug. Mr. RANGEL. Mr. Speaker, I rise to appre- Mr. BONNER. Mr. Speaker, it is with great Because of the FDA’s censorship of truthful ciate the career and character of Ted Koppel, pride and pleasure that I rise to honor and health claims, millions of Americans may suf- who is retiring after 25 years as a stalwart and congratulate Colonel James Kelly, the pilot of fer with diseases and other health care prob- honest news reporter on the show ‘‘Nightline.’’ the recent space shuttle Discovery Return to lems they may have avoided by using dietary Upon his retirement, he expressed some Flight Mission and the University of Alabama’s supplements. For example, the FDA prohibited thoughts in the November 8, 2005 issue of the first astronaut. consumers from learning how folic acid re- Washington Post. I applauded him then and I Colonel Kelly earned his master of science duces the risk of neural tube defects for 4 applaud him now for showing the photographs in aerospace engineering from the University years after the Centers for Disease Control and naming the fallen in Afghanistan and Iraq of Alabama in 1996. That same year, he ap- and Prevention recommended every woman of on his show when others called him unpatri- plied for NASA’s astronaut class. Colonel Kelly childbearing age take folic acid supplements otic for that act to honor those killed in Af- was one of 44 members and one of only 10 to reduce neural tube defects. This FDA action ghanistan and Iraq. I applaud him for his pilots selected out of 2,400 applicants. contributed to an estimated 10,000 cases of statement in the Washington Post today. He Colonel Kelly has logged over 3,800 flight preventable neutral tube defects! remarked on the unshared burden of the war hours in more than 35 different aircraft. Addi- The FDA also continues to prohibit con- in Iraq. This is a topic I have brought up again tionally, he has logged over 643 hours in sumers from learning about the scientific evi- and again. One tiny fraction of this nation space. He served as pilot on both the STS– dence that glucosamine and chondroitin sul- bears the entire burden of this war. 102 Discovery and the STS–114 Discovery. fate are effective in the treatment of osteo- Ted Koppel put it this way: ‘‘You don’t fight The STS–102 Discovery was the eighth shut- arthritis; that omega–3 fatty acids may reduce a war and allow just a tiny fraction of the pop- tle mission to visit the International Space Sta- the risk of sudden death heart attack; and that ulation to carry the burden. It’s hard to make tion. The two-week, 5.8 million mile STS–114 calcium may reduce the risk of bone fractures. a case that the rest of us are sharing the bur- Discovery Return to Flight Mission reaffirmed The Health Freedom Protection Act will den of being at war when our taxes have been our confidence in NASA and America’s suc- force the FDA to at last comply with the com- cut, not increased. There are no victory gar- cessful future in space. mands of Congress, the First Amendment, dens. No one is being asked to do anything, Mr. Speaker, I take this opportunity to com- and the American people by codifying the First really. That’s why I thought it was important to mend Colonel James Kelly for his commitment Amendment standards adopted by the federal show all those photographs and read all those to excellence and his willingness to explore. I courts. Specifically, the Health Freedom Pro- names. . . .’’ thank him for his dedication and brave service tection Act stops the FDA from censoring Ted, thank you. You have done a wonderful to this country. truthful claims about the curative, mitigative, or job for 25 years. Your honest reporting will be missed. f preventative effects of dietary supplements, and adopts the federal court’s suggested use [From the Washington Post, Nov. 8, 2005] THE HEALTH FREEDOM of disclaimers as an alternative to censorship. HIS NIGHT IN THE SUN PROTECTION ACT The Health Freedom Protection Act also stops AFTER 25 YEARS, TED KOPPEL IS LEAVING THE the FDA from prohibiting the distribution of sci- SHOW THAT DID IT HIS WAY HON. RON PAUL entific articles and publications regarding the (By Howard Kurtz) OF TEXAS role of nutrients in protecting against disease. Given all the heat Ted Koppel took last year for reading the names of the hundreds IN THE HOUSE OF REPRESENTATIVES This legislation also addresses the FTC’s violations of the First Amendment. Under tradi- of Americans killed in Iraq, he could be for- Wednesday, November 9, 2005 tional First Amendment jurisprudence, the fed- given for claiming vindication over the huge coverage when the death toll hit 2,000 late Mr. PAUL. Mr. Speaker, I rise to introduce eral government bears the burden of proving last month. the Health Freedom Protection Act. This bill an advertising statement false before cen- The ‘‘Nightline’’ anchor believes a mean- restores the First Amendment rights of con- soring that statement. However, the FTC has ingless milestone was overplayed by the sumers to receive truthful information regard- reversed the standard in the case of dietary media—and is happy to tell you why. ing the benefits of foods and dietary supple- supplements by requiring supplement manu- ‘‘If the administration was really doing ments by codifying the First Amendment factures to satisfy an unobtainable standard of what it ought to be doing, they—everyone standards used by federal courts to strike proof that their statement is true. The FTC’s from the president on down—would have ex- plained we have to remain in Iraq with such down the Food and Drug Administration (FDA) standards are blocking innovation in the mar- clarity that everyone would understand the efforts to censor truthful health claims. The ketplace. sacrifice of 2,000, or even 20,000, lives is es- Health Freedom Protection Act also stops the The Health Freedom Protection Act requires sential,’’ he says. ‘‘My complaint is that the Federal Trade Commissions (FTC) from cen- the government bear the burden of proving administration has done a poor job of ex- soring truthful health care claims. that speech could be censored. This is how it plaining why we’re in Iraq. You don’t fight a

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00208 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 EXTENSIONS OF REMARKS 25691 war and allow just a tiny fraction of the pop- Ted Koppel, if you can make an extra $30 Diane Sawyer, he says, ‘‘Those morning ulation to carry the burden. It’s hard to million or $50 million a year, I absolutely un- shows are moneymaking machines. Changing make the case that the rest of us are sharing derstand they not only have the right but such a successful equation could cost you in the burden of being at war when our taxes the fiduciary obligation to do that. I just tens of millions of dollars.’’ have been cut, not increased. There are no don’t think they did it the best way in terms Koppel and Bettag say they will not make victory gardens. No one is being asked to do of the handling of it. We were among the last a deal with another media outlet until their anything, really. That’s why I thought it was to learn about it. You just don’t do that to departure—although they have had talks important to show all those photographs and people who have worked hard for you for a with HBO—but say there is a vacuum in read all those names, not as a way of saying long time.’’ long-form reporting that they intend to fill. the war is wrong.’’ In his 42 years at ABC, and especially in Still, they are leaving a very big stage. It is classic Koppel: tough-minded, elo- his quarter-century at ‘‘Nightline,’’ Koppel ‘‘You can’t help but have mixed feelings,’’ quent, focused on world affairs and some- seemingly has conducted every kind of inter- Bettag says. ‘‘Trying to wean yourself away times, it seems, conducting his own foreign view. He’s talked to Nelson Mandela and Mu- from the daily news adrenaline is no small policy. As he prepares to relinquish the helm hammad Ali, Larry Flynt and Ginger Rogers, thing. But this is something we’ve planned of the ABC program he launched 26 years Chuck D and Buzz Aldrin. He famously for a very long time. Ted is very much at ago, when his focus was entirely on Iran and quizzed Gary Hart about adultery, told Mi- peace with this.’’ the Americans held hostage there, it is hard chael Dukakis he just didn’t get it and swat- Koppel plans to take a few months off, but to avoid the end-of-an-era language that fol- ted down the racial views of baseball execu- ‘‘I’m not going to slide into semi-retire- lowed the departures of Tom Brokaw and tive Al Campanis, who lost his job over the ment,’’ he says. ‘‘Nothing lights my fire Dan Rather and the death of Peter Jennings. interview. more than a big story out there and going ‘‘This is easily perceived as the fourth 20- He also has reported from around the out to cover it.’’ year-plus anchor stepping aside, and that’s world—a foray to South Africa in the 1980s f not the case,’’ says Executive Producer Tom made news worldwide—and, more recently, Bettag, who plans to launch a reporting ven- covered the 2003 Iraq war amid the tanks in TRIBUTE TO ALAN A. REICH ture with Koppel after they leave ABC. Per- the desert. Just last week, ‘‘Nightline’’ did a haps their greatest accomplishment, Bettag show on Zimbabwe ruler Robert Mugabe’s says, is that the program will continue after devastating impact on his country—not the HON. TOM LANTOS Koppel’s last night, Nov. 22, with an anchor sort of thing other programs are clamoring OF CALIFORNIA triumvirate of Cynthia McFadden, Terry to cover. IN THE HOUSE OF REPRESENTATIVES Moran and Martin Bashir. ‘‘A number of peo- Television executives, Koppel says, ‘‘live ple said once Ted goes, there goes under the misapprehension that Americans Wednesday, November 9, 2005 ‘Nightline.’ ’’ don’t care about foreign news. They don’t One thing that will be lost with the new in- Mr. LANTOS. Mr. Speaker, it is with a care about boring news. If you present it in heavy heart that I announce to my colleagues carnation’s wide-ranging format is what a boring fashion, then they don’t care about Koppel, 65, always has boasted about: an in- foreign news. What really dictates here is in the House the sad news of the passing of depth look at one subject each night. Does the cost of foreign news. At a time that we one of our Nation’s great leaders for rights of that bother him? ‘‘I don’t want to begin by really have to worry about what’s going on the disabled, my friend Alan A. Reich. I offer prejudging what’s going to be done, because in the rest of the world, what people in other our heartfelt condolences to his family. it may be terrific,’’ he says. ‘‘I don’t want countries think of us, we are less well in- Mr. Speaker, my wife Annette and I con- this to be interpreted as Ted saying the new formed by television news than we have been approach ain’t going to work.’’ in many years. sider ourselves blessed to count Alan among Koppel announced his resignation in March ‘‘If the only time you cover foreign news is our good friends. He inspired both of us with after ABC News President David Westin de- when you send someone, every foreign story his deep compassion, his energy and humor, cided he wanted ‘‘Nightline’’—the ratings of is going to cost you a lot of money when you as well as his determination to overcome ob- which have been slipping in recent years—to do it and likely to be less well informed than be live at 11:35 p.m. Koppel had no desire to stacles no matter how insurmountable they in the days when you had people who lived in work such a schedule, and always has argued appear. Alan was a true American visionary, a the country for two, three, five, 10 years and that the program is live when it needs to be person who never let circumstance define or understand the culture.’’ live and otherwise there is no point in hav- defy him. This perspective enabled him to im- In a been-there-done-that media culture, ing guests wait around all evening. plement a new understanding of disability ‘‘At some point, it would probably be time Koppel relished the idea of returning to his signature issues again and again: the Middle rights and human rights, which included both to pull out anyway,’’ says Koppel, who and united them. served notice five years ago that he and East, South Africa, AIDS, racism, crime and Bettag wanted to phase themselves out punishment. Asked whether evening news- Mr. Speaker, only a few months ago, I in- gradually. Koppel had hoped that Chris Bury casts do the same thing, he says: ‘‘There’s a formed my colleagues that Alan had retired as huge difference between coming back to a would succeed him as anchor—Bury and President of the National Organization on Dis- story and devoting 21⁄2 minutes to it, and the John Donvan will remain as correspondents, ability (N.O.D.), which he founded. For the most likely joined by Vicki Mabrey from next time 1:45, and what we have done when we focused on an issue for two, three or four past 23 years, he provided extraordinary lead- CBS—and that former producer Leroy Siev- ership as the head of N.O.D., one of the lead- ers would replace Bettag. But management, programs.’’ Taking the show to such places which hired British journalist James as Congo—which Koppel says has ‘‘an invis- ing non-governmental organizations promoting Goldston to run the program, had other ible war which barely exists even in news- disability rights in the United States and ideas. papers’’—boosted the ratings and burnished around the world. Alan Reich was an out- ‘‘It’s their broadcast in the final analysis,’’ the program’s reputation. ‘‘But it’s a very standing human rights and disability rights expensive thing to do and it’s also thor- Koppel says. ‘‘I’ve always taken the position leader, whose courageous work has had an it’s our job to make the program as attrac- oughly exhausting.’’ Koppel relishes the contrarian role. In 1996 impact on people with disabilities around the tive to the audience as we could possibly world. make it, but there are limits. You don’t he created a major stir by packing up and bring on dancing girls.’’ leaving the Republican National Convention In recognition of his leadership, President That’s not an entirely frivolous comment, in San Diego, saying no news was being com- George H.W. Bush awarded Alan the George given that Koppel’s competition includes Jay mitted there. ‘‘In the intervening years,’’ he says, ‘‘guess what? Everyone’s come to the Bush Medal, an award that recognizes leaders Leno and David Letterman. In fact, ABC in the fight to fulfill the promise of the Ameri- tried to junk the show three years ago by conclusion that conventions really aren’t luring Letterman from CBS. Koppel fought worth covering, except on cable.’’ cans with Disabilities Act (ADA). Alan certainly back, criticizing ABC and parent company Last week Koppel committed news himself epitomized the ambitious goals of the ADA, Disney in a New York Times op-ed. when he appeared to endorse Charlie Gibson, and I cannot imagine a more fitting recipient of ‘‘I never questioned the corporation’s right the ‘‘Good Morning America’’ co-host who this award. In commenting on Alan’s extraor- to do that,’’ he says. ‘‘This is an industry, has been doing part-time duty on the dinary leadership, former President Bush said: it’s a business. We exist to make money. We evening news, as ABC’s next anchor. Koppel ‘‘As the Honorary Chairman of N.O.D. and its says he was just responding to a specific exist to put commercials on the air. The pro- World Committee, I’ve observed first-hand gramming that is put on between those com- question about Gibson from a TV Guide re- mercials is simply the bait we put in the porter. Alan’s tenacious commitment to providing mousetrap. ‘‘I do think Charlie Gibson would make an hope and opportunity for millions of people ‘‘If it is true that David Letterman can absolutely splendid anchor,’’ he says. But with disabilities, not only in this country but draw a lot more viewers than ‘Nightline’ and noting the rise of ‘‘GMA’’ under Gibson and also worldwide.’’

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00209 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25692 EXTENSIONS OF REMARKS November 9, 2005 Mr. Speaker, Alan Reich joined the disability ABUSE OF PRESIDENTIAL POWER: niques that are ‘‘cruel, inhuman, and degrad- community over 40 years ago as a result of a THE WAR ON TORTURE ing’’ were born with the Bush Administration. swimming accident, and he has used a wheel- President Bush asked his Justice Department, chair since that time, but he refused to permit HON. CHARLES B. RANGEL then run by John Ashcroft and a man of ideas his disability to constrain his boundless energy OF NEW YORK named John Woo; his trusted Counsel, Alberto Gonzales who gave him the answers he liked and commitment to worthy causes. Alan has IN THE HOUSE OF REPRESENTATIVES when President Bush was Governor of Texas. been at the center of progress on disability Wednesday, November 9, 2005 President Bush asked these lawyers for guid- issues, including public awareness, disability Mr. RANGEL. Mr. Speaker, I rise today to ance on whether the United States had to af- programs and promoting important legislation, raise my voice against the use of torture by ford protections of the Geneva Accords to and he has made groundbreaking contribu- the United States of America against any Taliban and al Qaeda prisoners. He also tions toward uniting and engaging the commu- human being for any reason. I believe torture asked his civilian advisor in the Pentagon, nity of people with disabilities. His outstanding in any for, including cruel and inhuman and Secretary Donald Rumsfeld, how far American degrading interrogation of human beings in the abilities to move disability rights issues for- military and intelligence personnel could go in custody of the United States of America vio- questioning these prisoners. The answer from ward first became apparent as the founder of lates everything we stand for as Americans. these civilians, people who had never served the U.S. Council for the International Year of The Senate recently passed the McCain in the military, was the prisoners did not need Disabled Persons in 1981. He was the first amendment to a military appropriation bill by a wheelchair user to address the United Nations vote of 90 to 9. The McCain amendment is to be afforded any of the protections of the Geneva Conventions. John Woo, who worked General Assembly when he called on the very telling in terms of whether the United States has been battling terrorisms or fighting directly for John Ashcroft took the position that international organization to declare 1981 the the President could do anything he wanted. U.N. International Year of Disabled Persons. the wars in Iraq and Afghanistan in lawful ways. The McCain amendment bans ‘‘cruel, This was a very popular position and the one While President of N.O.D., Alan built the co- inhuman, or degrading treatment or punish- Alberto Gonzales passed on to the President. alition of disability groups that successfully ment of persons under the custody or control Within the Bush administration, the advisor fought for the inclusion of a statue of former of the United States Government.’’ This who knew the most about the Military, Colin United States President Franklin Delano Roo- amendment has passed the Senate twice; the Powell was against these policies. President Bush decided the military advice was not what sevelt in his wheelchair at the FDR Memorial first vote was 90 to 9. The second time it he wanted to hear or follow. The professional in Washington, DC. He also spearheaded the passed was after the disclosure of the secret CIA prisons. Senator MCCAIN made a strong military people who disagreed with the ‘‘war critical survey research with Harris Poll Sur- president’’ found themselves silenced or ‘‘re- veys that tracks the progress of Americans anti-torture speech. He said the CIA should not be running prisons. The second time the tired.’’ with disabilities in key areas of life. McCain amendment passed the Senate it did On November 7, 2005, the Washington Post In addition, Alan is the founder and Chair- so by a voice vote. reported ‘‘Over the past year, Vice President man of the World Committee on Disability, the I support the McCain amendment and will Cheney has waged an intense and largely international arm of N.O.D., which further un- vote for it when it reaches the House of Rep- unpublicized campaign to stop Congress, the Pentagon and the State Department from im- derscores the worldwide reach of his contribu- resentatives for a vote. posing more restrictive rules on handling ter- tions. He is a founder of the World Commit- I find it unbelievable that the President in a speech today, November 8, 2005, in Panama rorist suspects.’’ Before the news of Vice tee’s Franklin D. Roosevelt International Dis- City, Panama stated: ‘‘We do not torture.’’ The President’s secret CIA prison system was dis- ability Award, which recognizes nations for evidence of torture in Abu Ghraib and the pris- closed by the Washington Post, Mr. CHENEY progress toward the United Nations’ goals for on at Guantanamo Bay in Cuba has been had offered a ‘‘deal’’ to Senator MCCAIN. He disabled persons. I should add, Mr. Speaker, documented by the International Committee of would stop opposing the McCain amendment that my wife Annette and I are honored to be the Red Cross, Amnesty International, eye- the amendment did not include the CIA from members of the World Committee on Dis- witness testimony of American Military officers torturing non-Americans. Senator MCCAIN ability. and photographs and tapes, some of which turned the Vice President down. In light of what we now know about America’s secret A graduate of Dartmouth College, Alan has the Department of Defense is still attempting CIA prisons and Vice President CHENEY’s in- also had a distinguished career in both private to keep from the public. This should not be shocking to me, but still sistence that the CIA should be exempt from business and government. Alan served as it shocks. The statements of President Bush any ban on torture, I am very concerned about Deputy Assistant Secretary of State for Edu- are a natural outgrowth of the unnatural power what has happened and is still happening to cational and Cultural Affairs. In this position, he was given by his lawyers and Justice de- prisoners in the custody of the CIA. he developed international exchange pro- partment lawyers because of their willingness I doubt whether anyone who has experi- grams to further mutual understanding. He to overlook or disregard the United States enced war would have to be convinced to sup- also served as Deputy Assistant Secretary of Constitution on the grounds that this war and port an anti-war amendment proposed by my Commerce for East-West Trade and Director this enemy was ‘‘special.’’ Congress was lied noble friend JOHN MCCAIN, a veteran sub- of the Bureau of East-West Trade, where he to, about the reasons for the war; but Con- jected to torture for more than five years in a was credited with the expansion of U.S. com- gress gave away its Constitutional Power North Vietnamese prison. So I take issue with mercial relations with the People’s Republic of under Article 1, Section 8 when it authorized Vice President CHENEY, a man who received five deferments during the Vietnam War, who China, the Soviet Union and the countries of the President to declare war, a power re- served solely to the Congress by the Constitu- has lobbied fiercely and shamelessly against Eastern Europe. Prior to his outstanding ca- tion. the McCain amendment. reer as a public servant, Alan was an execu- Less well known and just as ignored is that I take issue with President Bush that be- tive in manufacturing management and cor- Article 1, Section 8 of the Constitution, gives cause we have an enemy he thinks ‘‘lurks and porate long-range planning with Polaroid Cor- Congress and only Congress the decision of plots and plans and want to hurt America poration. how to treat prisoners. again,’’ we can disregard the concerns of the Mr. Speaker, in many ways, Alan has Just as the President declared a pre- human rights organizations, the European changed the world’s attitude and approach to emptive war on a country not involved in the Union and the millions of Muslims who view attacks of 9/11, this President and Vice Presi- Americans through the lens of Abu Ghraib, disability issues and made groundbreaking dent decided how prisoners, even those ‘‘sus- Guantanamo Bay and the Hooded Man at- contributions to uniting the disability move- pected’’ of being terrorists, were to be treated. tached to electric wires. ment. Our entire Nation is profoundly sad- This President has abused his power, ignored The practices approved by the President, dened at the loss of this outstanding leader. the Constitution and misled the American peo- the Vice President, Porter Goss and whom- We join in expressing our deep condolences ple. ever knew in the Senate and the House; any- to Alan’s family, and express our sincere grati- The policies on treatment of prisoners which one complicit in the torture of prisoners in the tude for his outstanding achievements. have included torture and interrogation tech- custody of the United States has shamed us

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00210 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 EXTENSIONS OF REMARKS 25693 all. Richard Cohen got it right when he said in capsules and the Apollo lunar missions. Be- nual Caribbean Multi-National Business Con- an opinion piece in the Washington Post today cause of his efforts, NASA created the Orbital ference 2005 in St. Thomas In the U.S. Virgin entitled ‘‘Torture, Shaming Us All.’’ We in the Debris Program Office. He had an inter- Islands for his service to his native land, the national reputation for his expertise on orbital wider Caribbean community and developing United States not only have our torture and nations generally, serving as head of Govern- humiliating interrogation practices on the inter- debris research and he was awarded NASA’s ment in St. Kitts-Nevis at a time when the net, but we have had to reassert 200 years of Exceptional Service Metal twice and upon his United Nations placed his country on the list U.S. principles. The real shame is that the death, the Distinguished Service Metal. When of the World’s top 50 states where the quality President of the United States has threatened Mr. Loftus retired, NASA lost a smart, dedi- of life is high; is the Caribbean Community, to use his veto for the first time if the McCain cated employee whose talents were in many Caricom, lead Prime Minister on health amendment comes to his desk as part of a fields. Eric Hoffer, an American author once issues, championing the fight against HIV/ bill. wrote, ‘‘Our passionate preoccupation with the AIDS infection in the Caribbean; and There are compelling reasons to support the sky, the stars, and God somewhere in outer Whereas, The Prime Minister has led his country with distinction for the past 10 years McCain amendment. The first is that torture space is a homing impulse. We are drawn while Demonstrating to the world that a results in bad intelligence; second it endan- back to where we came from’’ Joe Loftus Jr. small nation can be an international model gers our troops; and third; it is causing us to has returned to where he came from and he of development, an example when it comes lose the war of ideas. According to President will be greatly missed. to adherence to the rule of law and par- Bush and his supporters in Congress, this war Mr. Speaker, thank you for the time to ad- liamentary democracy; now, therefore be it in Iraq is about bringing democracy and free- dress the House on this somber but momen- Resolved, That we salute and commend Dr. dom to Iraq. Muslims around the world see tous occasion. Denzil Douglas for his distinguished an un- blemished record of service to humanity and handcuffed naked men at Abu Ghraib and the f for his leadership on the national and inter- orange jump suit hooded men of Guantanamo HONORING DR. DENZIL L. national stages, within Caricom and the Bay, Cuba when they see the United States. DOUGLAS countries which belong to the Organization This abuse of Muslims is what they see of of Eastern Caribbean States. ‘‘democracy’’ American style. f The people throughout the world know that HON. CHARLES B. RANGEL prisoners in the custody of the United States OF NEW YORK 125TH ANNIVERSARY OF THE have been tortured even if President Bush de- IN THE HOUSE OF REPRESENTATIVES HOLDING INSTITUTE nies it. As Richard Cohen points out, many Wednesday, November 9, 2005 countries torture prisoners but none admit to Mr. RANGEL. Mr. Speaker, this coming HON. HENRY CUELLAR the practice. The United States has never had weekend, between November 10 and 13 I and OF TEXAS to consider a ban on torture before because more than twenty of our colleagues in the IN THE HOUSE OF REPRESENTATIVES this country has never tortured prisoners as a House will be meeting and participating in the Wednesday, November 9, 2005 matter of policy. The Uniform Code of Military 10th annual Caribbean Multi-national Business Justice is clear about how prisoners in the Conference sponsored by the New York Carib Mr. CUELLAR. Mr. Speaker, I rise today to custody of the United States should be treat- News in St. Thomas, U.S. Virgin Islands honor the 125th anniversary of the Holding In- ed. This country has signed the Geneva Con- where we will be enjoying the hospitality of stitute. The Holding Institute is a training facil- ventions and in 1994 ratified the Convention Carib News publishers Karl and Faye Rodney ity that helps young Hispanic women, children Against Torture and Other Cruel, Inhuman, or and Delegate DONNA CHRISTIAN CHRISTENSEN. and families improve their ability to read, write Degrading Treatment or Punishment, which Over the last decade the conference has and speak English. Since Miss Nannie Emory prohibits such treatment under all cir- brought together elected officials, civic lead- Holding, a Methodist missionary teacher from cumstances including ‘‘a state of war.’’ Ac- ers, entrepreneurs, and executives of major Kentucky, helped a small group of Laredo cording to David Cole, the legal affairs cor- corporations to explore opportunities for women organize a school for girls on the north respondent of The Nation, the Bush Adminis- growth and expansion in the emerging mar- bank of the Rio Grande back in the early tration argued that the ban does not apply to kets and developing economies of the Carib- 1880’s, the name Holding has meant edu- foreign national being held and interrogated bean. The conference has significantly contrib- cational opportunity to the residents of Los abroad. According to Mr. Cole, this interpreta- uted to the building of closer working relation- Dos Laredos. tion runs against the central purpose of the ships and personal ties between Caribbean In 1987, Holding became a community Torture Convention, which is to protect all leadership and the Members of Congress who learning center offering learning opportunities human beings, regardless of location and na- have participated. As we approach this year’s for adults, offering day and evening classroom tionality. conference, I wish to recognize and pay trib- instruction to women and men above 16 years Because of the Bush Administration and its ute to an outstanding Caribbean leader, Dr. of age who wanted to learn English as a sec- abuse of power, we must, for the first time in Denzil L. Douglas, the Prime Minister of St. ond language, improve their Spanish, obtain our history, ban torture. And for the first time Kitts-Nevis by placing in the CONGRESSIONAL their GED, gain work skills including computer in our history, we have a President who is RECORD the text of a proclamation to be literacy, or get ready for entry into college. threatening to veto the ban and further shame awarded at the conference: Today, Holding is recognized for future us all. A PROCLAMATION CELEBRATING THE ACCOM- projects that will take learning at Holding to f PLISHMENTS OF DR. DENZIL L. DOUGLAS, another level for the 21st Century. PRIME MINISTER, ST. KITTS-NEVIS Mr. Speaker, I am proud to have had this HONORING JOSEPH P. LOFTUS Whereas, It is an established and honorable opportunity to recognize the Holding Institute, tradition for elected officials to recognize an invaluable learning center for many people HON. HENRY CUELLAR the outstanding contributions of those per- in Laredo, for their 125 years of ministry and sons whose leadership and life’s work have OF TEXAS teaching. made a substantial difference to the lives of IN THE HOUSE OF REPRESENTATIVES people everywhere, especially in their own f Wednesday, November 9, 2005 countries; and HONORING DAME BILLIE Whereas, Such committed leaders are like ANTOINETTE MILLER Mr. CUELLAR. Mr. Speaker, I rise today to beacons that show the way to a better life honor the important contributions of Joseph P. for those persons at the lowest rungs of the Loftus Jr. who lived in San Antonio, Texas and economic and social ladder and are therefore HON. CHARLES B. RANGEL passed away recently on September 4th, an Inspiration to people at home and abroad; OF NEW YORK and 2005. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Joe Loftus Jr. was a fine Whereas, Dr. Denzil L. Douglas, a national and Prime Minister of the independent Fed- Wednesday, November 9, 2005 American citizen who served in the aviation eration of St. Kitts-Nevis, is surely one such and space activities division of government for leader and dedicated public servant; and Mr. RANGEL. Mr. Speaker, this coming 47 years. He wasn’t always in the spot light, Whereas, Dr. Denzil L. Douglas, a physi- weekend, between November 10 and 13 I and but he was behind the scenes on the Mercury cian, is being cited and honored at the an- more than 20 of our colleagues in the House

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00211 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25694 EXTENSIONS OF REMARKS November 9, 2005 will be meeting and participating in the 10th PERSONAL EXPLANATION University of Birmingham in England, is annual Caribbean Multi-national Business being cited and honored at the annual Carib- bean Multi- National Business Conference Conference sponsored by the New York Carib HON. BARBARA LEE 2005 in St. Thomas in the U.S. Virgin Islands News in St. Thomas, U.S. Virgin Islands OF CALIFORNIA for his service to his country of birth, the where we will be enjoying the hospitality of IN THE HOUSE OF REPRESENTATIVES wider Caribbean community and developing nations generally, serving as head of Govern- Carib News publishers Karl and Faye Rodney Wednesday, November 9, 2005 and Delegate DONNA CHRISTIAN CHRISTENSEN. ment in St. Lucia at a time when the coun- Over the last decade the conference has Ms. LEE. Mr. Speaker, on November 7, try has gained international recognition for 2005, I missed rollcall votes Nos. 570–572. its pace of human development; is the Carib- brought together elected officials, civic lead- bean Community, Caricom, lead Prime Min- ers, entrepreneurs, and executives of major Had I been present, I would have voted ‘‘aye’’ on H. Con. Res. 260, a resolution recognizing ister on governance and jurisprudence; and corporations to explore opportunities for Whereas, The Prime Minister has led St. the 40th anniversary of the Second Vatican growth and expansion in the emerging mar- Lucia with distinction for almost a decade Council’s promulgation of Noestra Aetate; kets and developing economies of the Carib- while directing much of the work on the his- ‘‘aye’’ on H.R. 1973, the Water for the Poor toric creation of the Caribbean Court of Jus- bean. The conference has significantly contrib- Act of 2005; and ‘‘aye’’ on H. Res. 444, the tice and showing the world that St. Lucia uted to the building of closer working relation- Gynecological Resolution for Advancement of which has given the world 2 Nobel Prize win- ships and personal ties between Caribbean Ovarian Cancer Education. ners, one in economics and the other in lit- erature is contributing even more to the im- leadership and the Members of Congress who f have participated. As we approach this year’s provement of the human condition and that conference, I wish to recognize and pay trib- HONORING DR. KENNY ANTHONY a small nation can be a showcase of talent and intellect while being an example when it ute to an outstanding Caribbean leader, Dame comes to adhering to the rule of law and par- Billie Antoinette Miller by placing in the CON- HON. CHARLES B. RANGEL liamentary democracy; now, therefore be it GRESSIONAL RECORD the text of a proclamation OF NEW YORK Resolved, That we salute and commend Dr. to be awarded at the conference: IN THE HOUSE OF REPRESENTATIVES Kenny Anthony for his distinguished an un- blemished record of service to humanity and A PROCLAMATION CELEBRATING THE ACCOM- Wednesday, November 9, 2005 for his leadership on the national and inter- PLISHMENTS OF DAME BILLIE ANTOINETTE Mr. RANGEL. Mr. Speaker, this coming national stages, within Caricom and the MILLER weekend, between November 10 and 13, I countries which belong to the Organization of Eastern Caribbean States. Whereas, It is a long and honorable tradi- and more than 20 of our colleagues in the tion for elected Officials to recognize the House will be meeting and participating in the outstanding contributions of those individ- 10th annual Caribbean Multi-national Business f uals whose Life Has made an important dif- Conference sponsored by the New York Carib REMEMBERING MS. ROSA PARKS ference to people Everywhere, especially in News in St. Thomas, U.S. Virgin Islands their own communities; and where we will be enjoying the hospitality of Whereas, Such persons serve as role models Carib News publishers Karl and Faye Rodney HON. SILVESTRE REYES and an Inspiration to people at home and and Delegate DONNA CHRISTIAN CHRISTENSEN. OF TEXAS abroad; and Over the last decade the conference has IN THE HOUSE OF REPRESENTATIVES Whereas, Dame Billie, a national of the brought together elected officials, civic lead- Wednesday, November 9, 2005 independent nation of Barbados in the Carib- ers, entrepreneurs, and executives of major bean, is unquestionably such a major con- corporations to explore opportunities for Mr. REYES. Mr. Speaker, I join the entire tributor; and growth and expansion in the emerging mar- Nation today in mourning the death of Ms. kets and developing economies of the Carib- Rosa Parks. This humble woman showed how Whereas, Dame Billie Miller is being cited a single act, the refusal to give up her seat on and honored at the annual Caribbean Multi- bean. The conference has significantly contrib- a bus to a white man, could change the national Business Conference 2005 in St. uted to the building of closer working relation- Thomas in the U.S. Virgin Islands for service ships and personal ties between Caribbean course of history. Her actions helped spark the to Barbados, the Caribbean and the inter- leadership and the Members of Congress who civil rights movement, inspiring leaders like national community, serving as a member of have participated. As we approach this year’s Martin Luther King Jr., and led to the Civil her nation’s parliament for more than 25 conference, I wish to recognize and pay trib- Rights Act of 1964. years; Deputy Prime Minister for almost a ute to an outstanding Caribbean leader, Dr. Ms. Parks’ courage in an era marked by ra- decade; Minister of Foreign Affairs and For- Kenny Anthony, the Prime Minister of St. cial tension and hatred is still an example to eign Trade since 1994; was the first woman to Lucia by placing in the CONGRESSIONAL us today. Indeed, we are all indebted to Ms. sit in the cabinet of Barbados, for several RECORD the text of a proclamation to be Parks for helping move this country toward years was the only woman serving as an at- awarded at the conference: one in which all men and women—black, torney at the private Bar of Barbados, and Latino, Asian, Native American, white—can A PROCLAMATION CELEBRATING THE ACCOM- holds the distinction of being the first PLISHMENTS OF DR. KENNY ANTHONY, PRIME take their rightful place in society. woman to be elected Chairman of the Execu- MINISTER, ST. LUCIA Ms. Parks’ commitment to justice did not tive Committee of the Commonwealth Par- end with the civil rights movement. She went liamentary Association since its establish- Whereas, It is an established and honorable tradition for elected officials to recognize on to co-found the Rosa and Raymond Parks ment in 1911; and the outstanding contributions of those per- Institute for Self Development to help young Whereas, Dame Billie, one of the Carib- sons whose leadership, scholarship and total adults attain a higher education, register to bean’s longest Serving cabinet ministers, life’s work have helped to transform people’s vote, and work toward racial harmony. was President of the 32nd Regular Session of lives for the better, especially in their own In recognition of a lifetime of achievement, the General Assembly of the Organization of countries and region; and Ms. Parks was awarded the Presidential American States in 2002; was Chairman of Whereas, Such committed leaders are reli- Medal of Freedom in 1996 and the Congres- the Inter-American Development Bank’s Ad- able foundations on which sustained eco- visory Council on Women and Development nomic growth and human development are sional Gold Medal in 1999. She is also the in the Western Hemisphere; and in 1998 was built, paving the way for a better standard of first woman in history to lie in honor in the President of the African, Caribbean and Pa- living for all, particularly the poor, and are Capitol Rotunda, which is a testament to her cific States Council of Ministers and is the therefore an inspiration to people at home enormous impact on our Nation’s history. current chairman of the Inter-American Par- and abroad; and Mr. Speaker, I join all Americans in mourn- liamentary Group on Population and Devel- Whereas, Dr. Kenny, a national and Prime ing the passing of Ms. Rosa Parks. Though Minister of the independent nation of St. opment in the Western Hemisphere; now, Lucia is obviously one such leader and a we are saddened by this loss, we are mindful therefore be it dedicated public servant; and of the fact that through her life she made our Resolved, That we salute and commend Whereas, Dr. Kenny Anthony, an attorney country a better place, and through her mem- Dame Billie Miller for her distinguished and and recognized legal expert with graduate ory we will never forget the importance of jus- unblemished record of service to humanity. degrees in law, including a PhD from the tice and equality for all Americans.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00212 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 EXTENSIONS OF REMARKS 25695 HONORING DIANE ABBOTT RECOGNIZING THE 87TH ANNIVER- and more than 20 of our colleagues in the SARY OF THE INDEPENDENCE OF House will be meeting and participating in the HON. CHARLES B. RANGEL THE REPUBLIC OF POLAND 10th annual Caribbean Multi-national Business OF NEW YORK Conference sponsored by the New York Carib IN THE HOUSE OF REPRESENTATIVES HON. RAHM EMANUEL News in St. Thomas, U.S. Virgin Islands Wednesday, November 9, 2005 OF ILLINOIS where we will be enjoying the hospitality of IN THE HOUSE OF REPRESENTATIVES Carib News publishers Karl and Faye Rodney Mr. RANGEL. Mr. Speaker, this coming and Delegate DONNA CHRISTIAN CHRISTENSEN. Wednesday, November 9, 2005 weekend, between November 10 and 13, I Over the last decade the conference has and more than 20 of our colleagues in the Mr. EMANUEL. Mr. Speaker, on November brought together elected officials, civic lead- House will be meeting and participating in the 11, I will proudly join thousands of Polish ers, entrepreneurs, and executives of major 10th annual Caribbean Multi-national Business Americans living in Chicago in celebrating the corporations to explore opportunities for Conference sponsored by the New York Carib 87th anniversary of the Independence of the growth and expansion in the emerging mar- News in St. Thomas, U.S. Virgin Islands Republic of Poland. kets and developing economies of the Carib- where we will be enjoying the hospitality of Until Poland was recognized again as a bean. The conference has significantly contrib- Carib News publishers Karl and Faye Rodney sovereign nation, it struggled against tyranny, uted to the building of closer working relation- and Delegate DONNA CHRISTIAN CHRISTENSEN. just as the United States did against colonial ships and personal ties between Caribbean Over the last decade the conference has rule before our own independence was leadership and the Members of Congress who brought together elected officials, civic lead- achieved. From the end of the 18th century have participated. As we approach this year’s ers, entrepreneurs, and executives of major until World War I, Poles were forced to live conference, I wish to recognize and pay trib- corporations to explore opportunities for under the despotic rule of the Russian czars ute to an outstanding Caribbean leader, Hon. growth and expansion in the emerging mar- and Prussian and Austrian emperors. During Gordon ‘‘Butch’’ Stewart, Renowned Jamaican kets and developing economies of the Carib- the war, the Polish territory suffered under the and Caribbean Business leader and Entre- bean. The conference has significantly contrib- heavy hand of Russian, German, and Austrian preneur by placing in the CONGRESSIONAL uted to the building of closer working relation- occupation. However, during World War I, RECORD the text of a proclamation to be ships and personal ties between Caribbean Poles were gradually able to self-govern at awarded at the conference: leadership and the Members of Congress who local levels and established institutions, laying A PROCLAMATION CELEBRATING THE ACCOM- have participated. As we approach this year’s the groundwork for eventual independence. PLISHMENTS OF HON. GORDON ‘‘BUTCH’’ conference, I wish to recognize and pay trib- Meanwhile, President Woodrow Wilson STEWART ute to an outstanding Caribbean leader, Ms. made the restoration of Polish independence Whereas, It is an established and honorable Diane Abbott, Member of House of Commons, one of his 14 conditions for peace. President tradition for elected officials to recognize the outstanding contributions of those per- United Kingdom by placing in the CONGRES- Wilson was a friend of Ignacy Jan Paderewski, a famous Polish artist, composer, statesman sons whose groundbreaking leadership and SIONAL RECORD the text of a proclamation to life’s work have helped to transform the pri- be awarded at the conference: and great patriot. As World War I drew to a close, Polish culture began to flourish again vate sector as a key engine of economic A PROCLAMATION CELEBRATING THE ACCOM- growth while upgrading people’s standard of PLISHMENTS OF MS. DIANE ABBOTT, MEMBER and self-governance was finally achieved living, especially in their own countries; OF THE HOUSE OF COMMONS, UNITED KING- when the first Polish government was estab- Whereas, Such successful business leaders DOM lished. have earned their places in history the old- Whereas, It is an established and honorable After 123 years of partitions and uprisings, fashion way, working hard, taking risks, tradition for elected officials to recognize Poland’s dream of independence was realized blazing profitable commercial trails, thus the outstanding contributions of those per- when it became a sovereign state again on setting examples for others to follow; Whereas, The Hon. Gordon ‘‘Butch’’ Stew- sons whose leadership and life’s work have November 11, 1918, the same day as the Ar- made a substantial difference to the lives of art, a national of Jamaica who is Chairman mistice ending World War I. With its long and of Sandals Resorts International, sits at the people everywhere, especially in their own rich history and traditions, Poland regained its countries; and pinnacle one of the largest corporate con- Whereas, Such committed leaders are often rightful place among free and independent na- glomerates in the Caribbean; pioneers, who blaze a trail, becoming a role tions. Eighty-seven years later, we continue to Whereas, The Hon. Gordon ‘‘Butch’’ Stew- model for others to emulate, especially the celebrate Poland’s independence. art, until recently Chairman of Air Jamaica, young and the less fortunate in society. I am proud to represent more than 111,000 has been widely recognized and honored Whereas, Diane Abbott, the first Black people of Polish descent who live in the Fifth throughout the Caribbean, North America woman ever elected to the British House of and Europe for his business innovation, en- Congressional District on Chicago’s northwest trepreneurship and success. Commons has earned her place on the scroll side. We must continue to build upon a strong of outstanding women of achievement and is Whereas, Two of most cherished awards are his country’s highest national honors, the certainly one such pioneer. record of cultural and economic ties between Whereas, Diane Abbott, the daughter of Ja- our two nations. We are grateful to Poland for Order of Jamaica and Commander of the maican Immigrant parents and an honors its friendship and commitment to democratic Order of Distinction. Whereas, The Hon. Gordon ‘‘Butch’’ Stew- graduate of Britain’s prestigious Cambridge ideals of liberty, human rights, and most re- art is being cited and honored at the annual University, has represented a working class, cently, its commitment of resources and troops Caribbean Multi-National Business Con- multi-ethnic District In London since she who stood shoulder to shoulder with the U.S. ference 2005 in St. Thomas in the U.S. Virgin was first elected to the House of Commons in Armed Forces during Operation Iraqi Free- Islands for service to his country, the Carib- 1987. bean community and the global business Whereas, Diane Abbott is being cited and dom. Poland continues to be our staunch ally and steadfast friend in Europe in our fight community; now, therefore be it honored at the annual Caribbean Multi-Na- Resolved, That we salute and commend the tional Business Conference 2005 in St. Thom- against terrorism. On this day, I am proud to join the people Hon. Gordon ‘‘Butch’’ Stewart for his out- as in the U.S. Virgin Islands for service to standing, distinguished an unblemished her country, the Caribbean community and of my district, as well as those of Polish de- record of service to business and humanity the developing world generally. scent around the globe, in celebrating the 87th and for his leadership on the national and Whereas, Diane Abbott, a member of the Anniversary of Poland’s independence. international stages in Jamaica, the Carib- Treasury Committee of the International bean, North America and Europe. Monetary Fund helped to raise the con- f sciousness of the International community HONORING THE HON. GORDON f about the damage which the debt crisis was ‘‘BUTCH’’ STEWART TRIBUTE TO JOHN E. TAYLOR having on governments and people of the Caribbean, Africa, Eastern Europe and Latin America; now, therefore be it HON. CHARLES B. RANGEL HON. CHRIS VAN HOLLEN Resolved, That we salute and commend Ms. OF NEW YORK OF MARYLAND Diane Abbott for her distinguished an un- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES blemished record of service to humanity and Wednesday, November 9, 2005 Wednesday, November 9, 2005 for her leadership on the national and inter- national stages in the United Kingdom, the Mr. RANGEL. Mr. Speaker, this coming Mr. VAN HOLLEN. Mr. Speaker, it is with Caribbean as elsewhere. weekend, between November 10 and 13, I great pleasure that I rise to commend John E.

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00213 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25696 EXTENSIONS OF REMARKS November 9, 2005 Taylor for his dedicated service to the National We could have a budget that brings Ameri- mental health treatment and supportive serv- Archives. Mr. Taylor has worked for the Na- cans together. ices, recently commented, ‘‘Perhaps if some of tional Archives since 1946. Throughout those But sadly, instead, we have a budget that the Members of the House could spend some years, Mr. Taylor has been acclaimed by re- will widen the divide in America between those time with the individuals that these changes searchers worldwide for his extraordinary who have plenty, and those who struggle just seek to make more personally responsible— grasp of history and ability to locate pertinent to have enough. they would have a different take on the life documents. EDUCATION and death decisions they seem intent on mak- Mr. Taylor specializes in World War II docu- One of those people is a young lady in my ing.’’ ments and records of the Office of Strategic district. She will graduate from high school this Nearly 200,000 Rhode Islanders on Med- Services. Mr. Taylor’s colleagues praise him spring; the first in her family with a chance at icaid will be affected by these changes. as one of the most knowledgeable and gen- college. CONCLUSION erous archivists, known for his sound advice She will work in an America that faces more In conclusion, reconciliation is more than a and resourceful assistance to authors, schol- global economic competition than ever before line item in a budget. It should be about hope ars and historians. in its history. and dreams and opportunity, not just tax Throughout his illustrious career, Mr. Taylor But this budget will limit her opportunity and breaks for the wealthiest among us. has been honored by groups all over the turn education into a commodity because it In his Second Inaugural Address, President world. In 1997 Mr. Taylor was honored by the will increase by almost $6,000 the interest Roosevelt said, ‘‘The test of our progress is Japanese Embassy for helping Japanese his- rates, taxes and fees she will have to pay. not whether we add more to the abundance of torians and journalists for the previous 40 Robert McKenna, who heads up higher edu- those who have much; it is whether we pro- years. In 2003 the American Jewish Historical cation in my state, has proclaimed that this vide enough for those who have too little.’’ Society awarded Mr. Taylor its first ‘‘Distin- budget could severely undermine already ex- With this budget it is all too clear that we guished Archivist Award’’ for his lifetime of isting education benefits. And make it harder are failing the test. work as an archivist. He has also received nu- to expand access to higher education. f merous honors from the National Archives I have 44,000 students like that young lady itself. The National Archives has a special in my state, and this spring when she grad- THE CONGRESSIONAL ROLE IN John E. Taylor Collection of books on espio- uates, she will have one less tool to build the DECLARING WAR nage and intelligence which largely consists of American Dream for her and her family. works with which Mr. Taylor provided critical FOOD STAMPS HON. CHARLES B. RANGEL assistance. Unfortunately, these families will have plenty OF NEW YORK Mr. Taylor is truly an invaluable resource. of company in their disproportionate sacrifice. IN THE HOUSE OF REPRESENTATIVES His service at the National Archives is leg- At the beginning of every month, you will find Wednesday, November 9, 2005 endary. I applaud his outstanding achieve- many families in the supermarket, pinching ments and dedication to his work, and this and saving and clipping coupons to get by. Mr. RANGEL. Mr. Speaker, I rise today to landmark achievement of 60 years of service. We saw some of those same faces on August ask that we return to the framework for dec- f 31—those without enough money at the end larations of war set out by our Founding Fa- of the month to fill up the gas tank to get out thers and found in the United States Constitu- BUDGET RECONCILIATION of New Orleans. tion. In my state, over 17,000 households are The Iraq War and all the damage it has HON. PATRICK J. KENNEDY going hungry on a regular basis. done and continues to do, is a demonstration OF RHODE ISLAND My state has the highest child poverty rate of what happens when Congress ignores the IN THE HOUSE OF REPRESENTATIVES in all of New England, above the national av- Constitution and the intentions of the Founding erage. Fathers. As Leslie H. Gelb and Anne-Marie Wednesday, November 9, 2005 What does this budget do for the people in Slaughter point out in their article in the No- Mr. KENNEDY of Rhode Island. Mr. Speak- my state? vember 8, 2005 Washington Post ‘‘No More er, in October 1999, a presidential candidate It starts by taking school lunches from their Blank-Check Wars’’ ‘‘Most wars overflow with from Texas said that House Republicans kids. mistakes and surprises. Still, in Iraq, much ‘‘shouldn’t balance the budget on the backs of It continues by taking 300,000 families in that has gone wrong could have been fore- the poor.’’ He criticized his fellow Republicans this country—over 12,000 in my state alone— seen—and was. . . . Too often our leaders for projecting ‘‘pessimism, indifference, and I and kicking them off food stamps. Leaving have entered wars with unclear and unfixed disdain for government.’’ them to sacrifice basic nutrition for their chil- aims, tossing away American lives, power and That man was President George W. Bush, dren to keep the heat on this winter or a roof credibility before figuring out what they were and what a sad, tragic difference 6 years in over their heads. doing and what could be done. Congress saw power has made. Bernie Beaudreau, the Executive Director of the problem after the Vietnam War and tried to Today, too many Americans are struggling the Rhode Island Community Food Bank, re- fix it with the War Powers Act. It states that just to get by, let alone get ahead. They’re try- cently commented: ‘‘The forces and trends in troops sent into combat by the President must ing to scratch out a living . . . [pause] . . . our economy creating conditions of poverty be withdrawn within 60 days unless Congress and some hope for the future in the face of and hunger—low wages, unemployment and approves an extension. But Presidents from rising energy prices, higher education costs, low incomes, housing and energy costs, the Nixon on never recognized the validity of this stagnant wages, and for some, the complete cost of food and health care, are outstripping legislation against their powers as commander loss of homes, jobs, and even loved ones to our capacity to respond. Given this hunger in chief. Nor did Congress ever assert its Hurricane Katrina. data, cutting food stamps is a disastrous rights and take political responsibility. Since To them, this reconciliation bill says, ‘‘we idea.’’ the Korean War, the process has consisted of need you to sacrifice more so that the energy MEDICAID at most a Congressional resolution, a few seri- companies can get their subsidies and the Regarding Medicaid, I recently had a ous speeches and authorization for the Presi- wealthy elite can get their tax breaks.’’ chance to visit with some young adults who dent to do whatever he wants. Odds are Democrats believe that government should have Down’s Syndrome or autism, at the against changing these ‘political realities.’ But, reflect the sense of community that Americans Groden Center in Providence, Rhode Island. impaled as we are on costs and carelessness demonstrated after Katrina—the sense of Of all the people in America who are asked to of so many of our recent wars, it is worth try- community that has defined and united Amer- sacrifice, I can’t believe this budget would go ing to find a better way.’’ ica throughout its history. after them. As it happens, Gelb and Slaughter point out: We believe in some basic human prin- And yet the Medicaid program that helps the answer is in the Constitution. The Found- ciples—everyone should have the opportuni- them meet the challenges of their disabilities ing Fathers understood that sending Ameri- ties not just to survive, but to excel with their is also on the chopping block. cans to war required careful reflection and vig- God-given talents and abilities. Those are the Dale Klatzker, Executive Director of the orous debate. The answer survives in Article values that should be reflected in our budgets. Providence Center, a facility that provides 1, Section 8, of the Constitution, which give

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00214 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 9, 2005 EXTENSIONS OF REMARKS 25697 Congress—and only Congress—the power to As often happens, an answer can be found SENATE COMMITTEE MEETINGS declare war. The authors suggest that power with the Founding Fathers and the Constitu- needs to be reestablished and reinforced by tion. They could not have foreseen the Title IV of Senate Resolution 4, present age of nuclear missiles and cata- new legislation. The new legislation would re- agreed to by the Senate on February 4, clysmic terrorism. But they understood po- 1977, calls for establishment of a sys- quire a declaration of war from Congress in litical accountability, and they knew that advance of any commitment of troops. Requir- sending Americans to war required careful tem for a computerized schedule of all ing a declaration by Congress would require reflection and vigorous debate. Their answer meetings and hearings of Senate com- congress to debate the issues, analyze the survives in Article 1, Section 8, of the Con- mittees, subcommittees, joint commit- threat, and consider the costs of a war. In the stitution, which gives Congress—and only tees, and committees of conference. case of the September 11, 2001 attacks, the Congress—the power to declare war. That This title requires all such committees President would retain his power to repel the power, exercised only a few times in our his- tory, and not at all since World War II, needs to notify the Office of the Senate Daily attack and strike back without a Congressional to be reestablished and reinforced by new Digest—designated by the Rules Com- declaration. But if he went to Afghanistan and legislation. This legislation would fix guide- mittee—of the time, place, and purpose planned to keep troops there, topple the gov- lines for exercising the provision jointly be- of the meetings, when scheduled, and ernment and transform the country, he would tween the White House and Congress. It any cancellations or changes in the need a Congressional declaration. Without the would restore the Framers’ intent by requir- declaration, he would have no funding for na- ing a congressional declaration of war in ad- meetings as they occur. tion building. These are ideas that need dis- vance of any commitment of troops that As an additional procedure along cussion. These ideas come from the docu- promises sustained combat. with the computerization of this infor- ment we all swear an oath to uphold: the Con- Requiring Congress to declare war, rather mation, the Office of the Senate Daily stitution of the United States. than just approve or authorize the presi- dent’s decision to take troops into combat, Digest will prepare this information for In my view, a patriot is a person who re- printing in the Extensions of Remarks members he must uphold and defend the would make it much harder for Congress to duck its responsibilities. The president section of the CONGRESSIONAL RECORD Constitution, not a political party or a Presi- would be required to give Congress an anal- on Monday and Wednesday of each dent. ysis of the threat, specific war aims with week. [From the Washington Post, Nov. 8, 2005] their rationale and feasibility, general strat- NO MORE BLANK-CHECK WARS egy and potential costs. Congress would hold Meetings scheduled for Thursday, No- (By Leslie H. Gelb and Anne-Marie hearings, examine the information and con- vember 10, 2005 may be found in the Slaughter) clude with a full floor debate and solemn Daily Digest of today’s RECORD. vote. Most wars overflow with mistakes and sur- prises. Still, in Iraq, much that has gone In case of a sudden attack on the United MEETINGS SCHEDULED wrong could have been foreseen—and was. States or Americans abroad, the president For example, most experts knew that 100,000 would retain his power to repel that attack NOVEMBER 14 U.S. troops couldn’t begin to provide essen- and strike back without a congressional dec- tial security and that Iraqi oil revenue laration. But any sustained operations would 3 p.m. wouldn’t dent war costs. But none of this trigger the declaration process. In other Foreign Relations was nailed down beforehand in any dis- words, the president could send troops into International Economic Policy, Export and ciplined review. Afghanistan to hunt down al Qaeda and pun- Trade Promotion Subcommittee And Iraq, whether justified or not, is only ish the Taliban in response to the Sept. 11 To hold hearings to examine a clean the latest in a long line of ill-considered and attacks. But if he planned to keep the troops technology solution relating to U.S.- ill-planned U.S. military adventures. Time there to topple the government and trans- International climate change ap- and again in recent decades the United form the country, he would need a congres- proach. States has made military commitments sional declaration. Without one, funding SD–419 after little real debate, with hazy goals and would be restricted to bringing the troops no appetite for the inevitable setbacks. John home soon and safely. NOVEMBER 15 F. Kennedy and Lyndon Johnson plunged us This declaration process should appeal to 9:30 a.m. into the Vietnam War with little sense of the conservatives and even neocons. It meets Armed Services region’s history or culture. Ronald Reagan their valid concern that the United States Business meeting to consider certain dispatched Marines to Lebanon, saying that often loses diplomatic showdowns and wars military nominations. stability there was a ‘‘vital interest,’’ only not on the battlefield but at home. It adds SR–222 to yank them out 16 months later after a credibility to presidential threats and stay- Foreign Relations deadly terrorist attack on Marine barracks. ing power to our military commitments. To hold hearings to examine Treaty Be- Bill Clinton, having inherited a mission in Binding Congress far more closely to war, for tween the United States of America Somalia to feed the starving, ended up hunt- instance, might have convinced Saddam Hus- and Japan on Mutual Legal Assistance ing tribal leaders and trying to build a na- sein of Washington’s resolve to fight him in in Criminal Matters, signed at Wash- tion. both gulf wars; today it would help convince ington on August 5, 2003; including a Too often our leaders have entered wars insurgents in Iraq of America’s long-term related exchange of notes (Treaty Doc. with unclear and unfixed aims, tossing away commitment to make Iraq secure. Liberals 108–12), Treaty Between the United American lives, power and credibility before and moderates, always rightly complaining States of America and the Federal Re- figuring out what they were doing and what about a rush to war, would welcome the re- public of Germany on Mutual Legal As- could be done. Congress saw the problem stored declaration. Not least, the sistance in Criminal Matters, signed at after the Vietnam War and tried to fix it attractiveness of this approach would be Washington on October 14, 2003, and a with the War Powers Act. It states that aided by the political power of the Constitu- related exchange of notes (Treaty Doc. troops sent into combat by the president tion itself. 108–27), Extradition Treaty Between must be withdrawn within 60 days unless the United States of America and the Congress approves an extension. But presi- Nor would the process proposed here di- United Kingdom of Great Britain and dents from Richard Nixon on never recog- minish a president’s leadership or stature as Northern Ireland, and related ex- nized the validity of this legislation against commander in chief as he makes his case to changes of letters, signed at Wash- their powers as commander in chief. Nor did Congress. If, even with these advantages, his ington on March 31, 2003 (Treaty Doc. Congress ever assert its rights and take po- arguments fail, then the case cannot be very 108–23), and Protocol between the Gov- litical responsibility. Since the Korean War, compelling. ernment of the United States of Amer- the process has consisted at most of a presi- Today Congress deliberates on transpor- ica and the Government of the State of dential request for a congressional resolu- tation bills more carefully than it does on Israel, signed at Jerusalem on July 6, tion, a few serious speeches and authoriza- war resolutions. Our Founding Fathers want- 2005 (Treaty Doc. 109–3). tion for the president to do whatever he ed the declaration of war to concentrate SD–419 wants. Odds are against changing these ‘‘po- minds. Returning to the Constitution’s text Judiciary litical realities.’’ But impaled as we are on and making it work through legislation re- To hold hearings to examine The the costs and carelessness of so many of our quiring joint deliberate action may be the Streamlined Procedures Act relating to recent wars, it is worth trying to find a bet- only way to give the decision to make war habeas reform. ter way. the care it deserves. SD–226

VerDate Sep 11 2014 08:29 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00215 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK19\NO-SSN\BR09NO05.DAT BR09NO05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 25698 EXTENSIONS OF REMARKS November 9, 2005 10 a.m. enlisted men of the Fifth, Sixth, and 2 p.m. Banking, Housing, and Urban Affairs Ninth New Hampshire Volunteer Infan- Energy and Natural Resources To hold hearings to examine the nomina- try Regiments and the First New Public Lands and Forests Subcommittee tions of Ben S. Bernanke, of New Jer- Hampshire Light Artillery Battery who To hold hearings to examine Earth Is- sey, to be a Member and to be Chair- fought in the Battle of Antietam on land Institute vs. Ruthenbeck. man of the Board of Governors of the September 17, 1862, and H.R. 2107, to SD–366 Federal Reserve System. amend Public Law 104–329 to modify 2:30 p.m. SD–106 authorities for the use of the National Commerce, Science, and Transportation Commerce, Science, and Transportation Law Enforcement Officers Memorial Consumer Affairs, Product Safety, and In- surance Subcommittee To hold hearings to examine public pol- Maintenance Fund. To hold hearings to examine protecting icy options for encouraging alternative SD–366 the consumer from flooded and salvage automotive fuel technologies. 3 p.m. SD–562 vehicle fraud. Homeland Security and Governmental Af- Energy and Natural Resources SD–562 fairs To hold hearings to examine a status re- Judiciary Federal Financial Management, Govern- port on the Environmental Protection Administrative Oversight and the Courts ment Information, and International Management programs of the Depart- Subcommittee ment of Energy. Security Subcommittee To hold hearings to examine issues rel- SD–366 To hold an oversight hearing to examine ative to creating new Federal judge- 2:30 p.m. the current nuclear situation in Iran ships. Armed Services and the U.S. response, focusing on the SD–226 Airland Subcommittee relationship between Iran’s pursuit of To hold hearings to examine defense ac- nuclear weapons and its status as a NOVEMBER 17 quisition issues related to tactical state-sponsor of terrorism. 10 a.m. aviation and Army programs. SD–342 Agriculture, Nutrition, and Forestry SR–222 To hold hearings to examine the role of Judiciary NOVEMBER 16 United States agriculture in the con- To hold hearings to examine judicial 9:30 a.m. trol and eradication of avian influenza. nominations. Environment and Public Works SR–328A SD–226 To hold an oversight hearing to examine Commerce, Science, and Transportation Energy and Natural Resources transportation fuels of the future. Aviation Subcommittee National Parks Subcommittee To hold hearings to examine aviation SD–406 To hold hearings to examine S. 431, to es- safety. Judiciary tablish a program to award grants to SD–562 To hold hearings to examine the need to improve and maintain sites honoring Homeland Security and Governmental Af- Presidents of the United States, S. 505, reform the Grand Jury. fairs to amend the Yuma Crossing National SD–226 To hold hearings to examine regulations Heritage Area Act of 2000 to adjust the 10 a.m. for the National Security Personnel boundary of the Yuma Crossing Na- Commerce, Science, and Transportation System. tional Heritage Area, S. 1288, to au- To hold hearings to examine the Magnu- SD–342 thorize the Secretary of the Interior to son-Stevens Fishery Conservation and Indian Affairs enter into cooperative agreements to Management Reauthorization Act of To hold oversight hearings to examine protect natural resources of units of 2005. issues relating to In Re Tribal Lob- the National Park System through col- SD–562 bying Matters, Et Al. laborative efforts on land inside and Homeland Security and Governmental Af- SH–216 outside of units of the National Park fairs 2 p.m. System, S. 1544, to establish the North- To hold hearings to examine how govern- Judiciary ern Plains National Heritage Area in ment can learn from the private sec- To hold hearings to examine recent de- the State of North Dakota, S. Con. Res. tor’s response to Hurricane Katrina. velopments in assessing future asbestos 60, designating the Negro Leagues SD–342 claims under the FAIR Act. Baseball Museum in Kansas City, Mis- 11:30 a.m. SD–226 souri, as America’s National Negro Energy and Natural Resources 2:30 p.m. Leagues Baseball Museum, S. 748 and Commerce, Science, and Transportation Business meeting to consider pending H.R. 1084, bills to authorize the estab- Business meeting to consider pending calendar business. lishment at Antietam National Battle- calendar business. SD–366 field of a memorial to the officers and SD–562

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